[Senate Report 107-60]
[From the U.S. Government Publishing Office]
Calendar No. 149
107th Congress Report
SENATE
1st Session 107-60
======================================================================
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2002 AND 2003
_______
September 4, 2001.--Ordered to be printed
_______
Mr. Biden, from the Committee on Foreign Relations,
submitted the following
R E P O R T
[To accompany S. 1401]
The Committee on Foreign Relations, having had under
consideration an original bill to authorize appropriations for
the Department of State and for United States international
broadcasting activities for fiscal years 2002 and 2003, and for
other purposes, reports favorably thereon and recommends that
the bill do pass.
CONTENTS
Page
I. Purpose..........................................................1
II. Committee Action.................................................2
III. Summary of Funds.................................................3
IV. Section-by-Section Analysis......................................4
V. Cost Estimate...................................................37
VI. Evaluation of Regulatory Impact.................................44
VII. Changes in Existing Law.........................................44
I. Purpose
The Foreign Relations Authorization Act, Fiscal Years 2002
and 2003, authorizes funding for the Department of State,
United States international broadcasting activities, and other
foreign affairs programs for FY 2002 and 2003. The bill also
addresses several important regional or functional foreign
policy issues.
II. Committee Action
The Committee has held several public hearings this year
focused on the issues addressed in this legislation. On
February 28, the Committee heard testimony from the leaders of
an Independent Task Force on State Department Reform. On March
1, the Committee reviewed the narcotics certification process.
On March 8, Secretary of State Powell testified regarding the
President's budget request for international affairs. Since the
beginning of the year, the Committee has also held numerous
confirmation hearings for nominees for senior positions in the
State Department and for ambassadorial positions, during which
policy issues pertinent to this legislation were discussed at
length.
The Committee considered an original bill on August 1,
2001. During the mark-up of this legislation the Committee
adopted a managers' package of amendments by voice vote. An
amendment offered by Senator Kerry expressing the sense of the
Congress on global warming was adopted by a vote of 19 to 0.
Ayes: Biden, Sarbanes, Dodd, Kerry, Feingold, Wellstone, Boxer,
Torricelli, Nelson, Rockefeller, Helms, Lugar, Hagel, Smith,
Frist, Chafee, Allen, Brownback, and Enzi. The Committee
ordered the bill reported, as amended, by voice vote.
III. Summary of Funds
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2002
FY 2001 FY 2001 FY 2002 House FY 2002 FY 2003
Authorization Appropriations Request Bill SFRC Mark SFRC Mark
----------------------------------------------------------------------------------------------------------------
Diplomatic and Consular Programs.... 3,263,438 3,167,174 3,705,140 3,705,140 3,730,140 4,103,154
[Includes: Worldwide Security [315,000] [409,098] [487,735] [487,735] [512,735] [564,009]
Upgrades]..........................
----------------------------------------------------------------------------------------------------------------
Capital Investment Fund............. 150,000 96,787 210,000 210,000 210,000 231,000
----------------------------------------------------------------------------------------------------------------
Embassy Security Construction &
Maintenance:
Ongoing Operations.................. 445,000 416,059 475,046 475,046 475,046 522,551
Security (Construction)............. 900,000 513,867 815,960 900,000 \1\ 900,0 \1\ 1,000,
00 000
----------------------------------------------------------------------------------------------------------------
Educational & Cultural Exchange 225,000 231,576 242,000 242,000 260,000 286,000
Programs...........................
----------------------------------------------------------------------------------------------------------------
Other State Department Accounts:
Representation Allowances........... 5,850 6,485 9,000 9,000 9,000 9,450
Protection of Foreign Missions and 9,490 15,433 10,000 10,000 10,000 10,500
Officials..........................
Emergencies in Diplomatic & Consular 17,000 5,465 15,500 15,500 15,500 16,275
Services..........................
Payment to the American Institute in 15,918 16,309 17,044 17,044 17,044 17,896
Taiwan.............................
Repatriation Loans.................. 1,200 1,192 1,219 1,219 1,219 1,250
Office of Inspector General......... 30,054 28,427 29,264 29,264 29,264 30,435
----------------------------------------------------------------------------------------------------------------
International Organizations:
Contributions for International such sums 844,139 844,139 844,139 844,139 844,139
Peacekeeping.......................
Contributions to International 940,000 868,917 878,767 944,067 1,144,000 913,917
Organizations......................
----------------------------------------------------------------------------------------------------------------
International Commissions:
International Boundary & Water 20,413 7,126 7,452 7,452 7,452 7,825
Commission--S&E....................
International Boundary & Water 8,435 22,900 25,654 25,654 25,654 26,937
Commission--Construction...........
International Fisheries Commissions. 16,702 19,349 19,780 19,780 19,780 20,769
International Boundary Commission... 859 968 989 989 989 1,038
International Joint Commission...... 3,819 3,763 7,282 7,282 7,282 7,646
----------------------------------------------------------------------------------------------------------------
Refugees............................ 750,000 698,460 715,000 817,000 715,000 750,750
----------------------------------------------------------------------------------------------------------------
Related Appropriations:
The Asia Foundation................. 15,000 9,230 9,250 15,000 15,000 15,000
N.E.D............................... 32,000 30,931 31,000 36,000 36,000 40,000
East-West Center.................... 12,500 13,470 13,500 13,500 15,000 15,000
North-South Center.................. 2,500 .............. ......... 4,000 (\2\) ..........
----------------------------------------------------------------------------------------------------------------
Broadcasting Board of Governors..... 467,229 450,431 470,000 485,134 486,706 506,706
================================================================================================================
Total........................... 7,647,407 7,877,556 8,552,986 8,834,210 8,974,175 9,378,238
----------------------------------------------------------------------------------------------------------------
\1\ $900 million in Security Construction was authorized for both FY 2002 and FY 2003 in the FY 2000-2001
Authorization Bill.
\2\ Funding included in Educational and Cultural Exchange Programs.
IV. Section-by-Section Analysis
Sec. 101. Administration of Foreign Affairs
This section authorizes appropriations under the heading
``Administration of Foreign Affairs'' for FY 2002 and 2003.
The Committee has authorized the full amount of the
President's request in FY 2002 for the Diplomatic and Consular
Programs, the Capital Investment Fund, Embassy Security
Construction and Maintenance, Representation Allowances,
Protection of Foreign Missions and Officials, Emergencies in
the Diplomatic and Consular Service, Repatriation Loans,
Payments to the American Institute in Taiwan and the Office of
the Inspector General. It has provided an additional $25
million for the Worldwide Security Upgrades in the Diplomatic
and Consular Programs account. These additional funds are
intended for the Diplomatic Security Bureau's technical and
perimeter security program.
The Committee supports the Department's initiative to
increase staffing by hiring to attrition and beginning a
program of addressing the current shortfall of over 1,000
officers. To meet this objective, the Department will need to
streamline its recruitment process, which for many years has
worked at a glacially slow pace (it can take nearly two years
to recruit, clear, test, and assign a new Foreign Service
Officer). The Committee also supports the Department's proposal
to hire additional security officers. Since the embassy
bombings in 1998, the Bureau of Diplomatic Security has hired
nearly 280 new agents to meet increased security challenges.
That increase may, however, be soon offset by a retirement
wave. Between FY 2001 and 2006, nearly 260 agents will be
eligible to retire. The Department must continue to recruit and
hire new agents.
The Committee also strongly supports continued investment
of resources in information technology (IT) through the Capital
Investment Fund. The Committee recognizes that many of the
Department's IT systems remain well behind the times.
Information is central to the function of diplomacy, and the
Department must focus not only resources but senior management
attention on the programs being developed and implemented by
the Chief Information Officer. The Committee expects to receive
regular briefings about the progress of the current
initiatives, particularly the efforts to provide Internet to
every desktop and to provide a common platform for the foreign
affairs agencies as advocated by the Overseas Presence Advisory
Panel. Assuming the common platform pilot program succeeds and
a decision is made to proceed with a worldwide program, the
Committee expects that the Executive Branch will devise a
system which ensures that every agency participating in this
platform pays its share.
For FY 2003, the Committee has provided a 10 percent
nominal increase in the three largest accounts (Diplomatic and
Consular Programs; Embassy Security, Construction and
Maintenance ongoing operations; and the Capital Investment
Fund). The Committee heard testimony from both Secretary Powell
and the chairman of the Independent Task Force on State
Department Reform (former Secretary of Defense Frank Carlucci)
on the serious inadequacies of the Department's physical and
technological infrastructure, inadequacies that must be
addressed not only in FY 2002, but in future years. The
Committee commends Secretary Powell for securing a sizable
increase in the Department's core accounts in the FY 2002
budget process, and expects that he will request another
significant increase in FY 2003.
The Committee has also added $100 million in FY 2003 to the
$900 million authorization for embassy construction provided in
the FY 2000 and 2001 authorization bill. Despite increased
funds for embassy construction since the embassy bombings, over
80 percent of current overseas missions do not meet security
standards for setback. Numerous posts are in urgent need of
replacement or renovation. The Committee commends Secretary
Powell for selecting a manager of overseas buildings operations
with vast experience in managing large construction programs.
Ultimately, however, building new, secure embassies cannot be
accomplished without adequate funding.
Sec. 102. United States educational, cultural, and public diplomacy
programs
This section authorizes appropriations totaling $260
million for FY 2002 and $286 million for FY 2003 for Fulbright
and other educational and cultural exchange programs. The FY
2002 authorization represents a 7 percent increase that is $18
million above the administration's request of $242 million for
these programs.
In nominal terms the FY 2002 request is the same as the FY
1993 appropriated level. In the intervening years, funding for
educational and cultural exchange programs dropped to a low of
$207 million in FY 2000. Although the FY 2001 appropriation of
$231 million represents a positive reversal of this downward
trend, the Committee believes that funding for exchange
programs should be increased to reflect the importance that
exchange programs play in U.S. diplomacy at a time when the
challenges in international affairs are complex and diverse.
Increased funding will enable the Department of State to meet
these challenges as well as the growing demands from Congress
for new exchange programs.
This section authorizes appropriations of $135 million for
FY 2002 for Fulbright academic exchange programs, an increase
of $10 million over the administration's request. This increase
will allow for further expansion of the Fulbright program to
developing countries while maintaining existing long term
relationships with partners in the developed world. Of the
funds authorized for the Fulbright programs, $5 million has
been authorized in each of the FY 2002 and 2003 for the
Fulbright program in Vietnam, established by Congress in 1991
and expanded in 1994 to include the establishment of a
Fulbright Economics Teaching program in Vietnam.
Section 102 authorizes appropriations of $136 million for
FY 2002 for other, non-Fulbright exchange programs, an increase
of $8 million over the administration's request. Included in
this authorization is funding for exchanges for Tibetans and
East Timorese and the North-South Center. This section also
authorizes $1 million in each year for a new program of
parliamentary development and exchanges in Montenegro. The
Government of Montenegro plans to hold a referendum on
independence from Yugoslavia in 2002. Regardless of the outcome
of the referendum, it is important for the members of
Montenegro's parliament to have access to independent
information on the theory and practice of democracy in the West
in order to permit them to make informed choices. The Committee
views this new program of parliamentary development and
exchanges as a prudent investment to promote democracy in the
Balkans.
The Committee recognizes that there are other programs
worthy of consideration by the Department of State for funding
through a competitive bidding process. For example, the ``IFES
Fellows for Democracy'' program would enable activists,
scholars and election officials from foreign countries to
utilize resources of the International Foundation for Election
Systems and its library and to participate in internships in
state and local governments in the United States. Similarly,
Beth Medrash Govoha of America has established a successful
exchange program in the United States and Israel for students
around the world to study Judaic heritage, culture, ethics, law
and related democratic values and ideals.
Section 102 also authorizes appropriations for FY 2002 and
2003 for the National Endowment for Democracy (NED), the East-
West Center, and the Reagan-Fascell Democracy Fellows. The
Committee has increased the FY 2002 authorization of
appropriations for NED because its funding has been held at a
consistent level for six years following a cut in funding in
1995. The Endowment's programs to promote political parties and
civic associations in nations with potential, on-going, or
consolidating transitions to democracy have proven to be a
cost-effective means of serving U.S. national interests. The
Committee has also increased the FY 2002 authorization of
appropriations for the East-West Center. In January 2002 the
East-West Center will host the Tenth Annual Meeting of the Asia
Pacific Parliamentary Forum (APPF) in Hawaii. This represents
the first time that the United States has been asked to host
this event, which brings together representatives from 27
countries annually to discuss issues of mutual concern. The
increase in authorization reflects the Committee's support for
this event as well as the Center's newly established Okinawa
Obuchi Economic and Research Program.
Sec. 103. Contributions to international organizations
This section authorizes appropriations in FY 2002 and 2003
for contributions to international organizations (CIO) and for
contributions to international peacekeeping (CIPA).
The Committee has authorized the full amount requested in
FY 2002 for both the CIO and CIPA accounts. The Committee
believes that the United Nations undertook a necessary study of
the manner in which it conducts peacekeeping operations as
detailed in the so-called ``Brahimi Report'' of August 2000.
The report recognized the need to obtain the consent of local
parties involved and the will on the part of the U.N. to
distinguish between aggressor and victim. Some reforms raised
in the Brahimi Report, and some others, would improve current
and future peacekeeping operations. The Committee is
particularly concerned that military officers detailed to the
U.N. Department of Peacekeeping Operations on a gratis basis be
reinstated under whatever label necessary. The efficacy of U.N.
peacekeeping planning can only benefit from the detailing of
such experienced military officers, which would represent a
U.S. in-kind contribution above and beyond its annual
peacekeeping assessment.
The Committee has included $266.2 million in additional
funds for FY 2002 for a one-time payment to the United Nations
in order to bring the U.S. payment schedule to the U.N. back in
line with the U.N.'s fiscal year. Some two decades ago, the
United States began paying its dues at the start of the U.S.
fiscal year, which is near the end of the U.N.'s fiscal year.
This lengthy delay in U.S. payment has undermined financial
stability at the U.N. The Committee has also included a
provision in Section 407 supporting the realignment of the U.S.
payment.
The administration's request for the CIO account includes
$3 million for the Cambodia War Crimes Commission. The
Government of Cambodia has been working with the United Nations
to establish a special tribunal for the prosecution of war
crimes in which international judges and prosecutors would
participate along with Cambodian counterparts. The Cambodian
National Assembly has enacted the necessary legislation,
prepared in consultation with the United Nations, for the
establishment of the tribunal. Upon the signing of the formal
Memorandum of Understanding (MOU) between the Government of
Cambodia and the United Nations, steps will be taken to set up
the tribunal. The Committee believes that the MOU, which
dictates the structure and procedures of the tribunal, must
ensure that those responsible for genocide and other crimes of
humanity against the Cambodian people are held accountable. In
this context, the Committee urges the Department to use the
funds requested in the CIPA account for the Cambodia War Crimes
Commission to support the tribunal as agreed upon by the United
Nations and the Cambodian Government in the MOU.
Paragraph (2) of subsection (a) provides specific
authorization of appropriations for the U.S. contribution to
the North Atlantic Treaty Organization for FY 2002 and for each
fiscal year thereafter. This is in response to a condition in
the Senate resolution of advice and consent to the ratification
of the Protocols to the North Atlantic Treaty of 1949 on
Accession of Poland, Hungary, and the Czech Republic, which was
adopted by the Senate on April 30, 1998. Condition 2(C)(ii) of
that resolution purports to limit the total amount of
expenditures by the United States in any fiscal year on or
after October 1, 1998, for payments to the common-funded
budgets of NATO to the total of all such payments made by the
United States in FY 1998, unless specifically authorized by
law.
Subsection (c) authorizes such sums as may be necessary for
each of the FY 2002 and 2003 to offset adverse fluctuations in
foreign currency exchange rates.
Subsection (d) requires that the United States continue to
insist that refunds be provided by the U.N. or its specialized
agencies to member states whenever contributions exceed the
expenditures of the regular assessed budgets of U.N. agencies.
Sec. 104. International commissions
This section authorizes appropriations for FY 2002 and 2003
under the heading ``International Commissions.'' It authorizes
funds necessary to enable the United States to meet its
obligations as a participant in international commissions,
including those dealing with American boundaries and related
matters with Canada and Mexico, and international fisheries
commissions.
Sec. 105. Migration and refugee assistance
This section authorizes appropriations for fiscal years
2002 and 2003 under the heading ``Migration and Refugee
Assistance'' to enable the Secretary of State to provide
assistance and make contributions for migrants and refugees,
including contributions to international organizations such as
the United Nations High Commissioner for Refugees and the
International Committee for the Red Cross, through private
volunteer agencies, governments, and bilateral assistance, as
authorized by law. The full request of $715 million is provided
in FY 2002 and increased to $750.75 million in FY 2003. In each
year, $60 million is earmarked for resettlement of refugees in
Israel.
Sec. 106. Grants to the Asia Foundation
This section authorizes appropriations of $15 million for
grants to the Asia Foundation in each of FY 2002 and 2003.
Subtitle B--U.S. International Broadcasting Activities
Sec. 111. Authorization of appropriations
This section authorizes appropriations for international
broadcasting activities in FY 2002 and 2003. Funds are
earmarked in each year for Radio Free Asia. The Office of Cuba
Broadcasting is authorized at the requested level for FY 2002.
The Committee expresses its support for efforts by the
Broadcasting Board of Governors to devote significant resources
under the Broadcasting Capital Improvement account to
counteract the jamming of transmissions by several nations'
governments, mostly notably Radio Free Asia and the Voice of
America (VOA) by the People's Republic of China.
The Committee has provided funds for the proposed Middle
East Radio Network, which seeks to expand on the currently
small audience share in the region held by VOA and to influence
public opinion in a critically important region about U.S.
policy through a broad combination of news, editorial comment,
talk and music.
That said, the Committee has not approved the full amount
for the project, in part out of concern by some members that
the program be initiated and funded gradually and with great
care. First, the volatility of the region's media and politics
requires close monitoring of both hiring and program content.
The Committee expects that the International Broadcasting
Bureau will continue the current practice of having State
Department regional security officers screen employees hired
overseas. The management of the Network should devote
significant resources to post-broadcast analysis to ensure that
broadcasts promote democratic values and U.S. interests,
consistent with the broadcasting standards and principles set
forth in the U.S. International Broadcasting Act. Second, there
are concerns about the ability of this new entity to mesh two
broadcasting cultures--traditional VOA programming from its
Washington headquarters, and a quasi-surrogate stream of
broadcasts from a new center located in the region. Third, the
establishment of a regional broadcast center is a new
undertaking that requires close management attention.
Therefore, the Committee urges that the senior official for the
Network have autonomy for day-to-day operations. Finally, the
Committee expects that the U.S. government will receive clear
assurances from host governments that it will not interfere
with broadcasts. The Committee intends to monitor this program
closely, and expects to receive regular briefings about the
progress of the initiative.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Department of State
Sec. 201. Emergency evacuation services
Under current law, the State Department has authority to
use appropriated funds to evacuate private U.S. citizens (and
accompanying dependents or guardians), as well as third-country
nationals, when their lives are endangered by war, civil
unrest, or natural disaster. This section clarifies the
Department's authority to retain reimbursements for emergency
evacuation services from private U.S. citizens and third-
country nationals.
Sec. 202. Application of earmarks and minimum funding requirements in
laws authorizing appropriations
This section amends Section 15 of the State Department
Basic Authorities Act. It would require that any law purporting
to negate an authorization earmark for a State Department
program do so by specific reference to the provision in
question.
Sec. 203. Special Agent authorities
This section makes three changes to the authorities of
Diplomatic Security (DS) Agents.
First, paragraph (1) gives such agents authority to obtain
and execute search and arrest warrants as well as obtain and
serve subpoenas and summonses issued under the authority of the
United States. Under current law, agents may exercise these
authorities only for offenses involving passport and visa
cases. This limitation may handicap agents, for example, who
are carrying out their protective functions in a situation in
which an individual wanted on a federal warrant poses a threat
to the protected person. The broader authority provided in this
section is similar to authority possessed by numerous law
enforcement agents across the federal government.
Paragraph (2) makes a technical correction to section 37(a)
of the State Department Basic Authorities Act to make clear
that a Secretary of State designated by a ``President-elect''
is entitled to protection by Diplomatic Security agents.
Paragraph (3) gives DS agents the authority to make arrests
without warrant for any federal offense committed in their
presence, or for any felony cognizable under the law of the
United States if the agents have reasonable grounds to believe
that the person has committed or is committing such felony.
Under current law, agents may exercise this authority in
limited circumstances. As with paragraph (1), this provision
gives DS agents the same authority granted to numerous other
federal law enforcement agents.
Sec. 204. Retention of portion of claims payments for the International
Litigation Fund
This provision amends current law to permit the Department
to deduct and retain a percentage of payments 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. Funds so retained would be placed into the
International Litigation Fund, which was established by
Congress in 1994 to provide a dependable and flexible source of
funds for expenses relating to preparing or prosecuting a
proceeding before an international tribunal, or a claim by or
against a foreign government or other foreign entity.
Sec. 205. Foreign Relations historical series
This provision makes two amendments to increase reporting
to Congress on the implementation of Title IV of the State
Department Basic Authorities Act, relating to the Foreign
Relations of the United States Historical Series.
In 1991, Congress enacted Title IV out of concern for the
timeliness and historical accuracy of the series, and mandated
that it be a ``thorough, accurate and reliable documentary
record of major U.S. foreign policy decisions and significant
U.S. diplomatic activity.'' Title IV requires, among other
things, that the Secretary ensure that volumes in the series be
published not more than 30 years after the events recorded. A
decade after the law was enacted, the Department remains out of
compliance with this provision. The Department has yet to
publish 11 of the 34 volumes from the Johnson Administration,
which ended in 1969. The main reason for the shortfall, says
the Department, is the ``time-consuming declassification
process.'' The Department reports that its historians access to
the records of intelligence agencies has been ``mixed'' and
that the Central Intelligence Agency has ``fluctuated between
allowing our historians fairly wide access to its files and,
more recently, imposing some restrictions on research and
copying of documents.'' The Committee is concerned that the
Department remains out of compliance with Title IV, and urges
the Department and other Executive Branch agencies to devote
high-level and sustained attention to improving the access to
intelligence materials for the Department's historians.
Sec. 206. Expansion of eligibility for award of certain construction
contracts
This section would amend eligibility limitations for award
of certain contracts for construction, alteration, or repair of
State Department buildings and grounds abroad. Currently,
bidder qualifications are determined on the basis of
nationality of ownership, evidence that the bidder has
performed similar construction work in the United States, and
other criteria. The amendment would modify the ``similar
construction work'' criterion to include work performed at a
U.S. diplomatic or consular establishment abroad, thus
enlarging the pool of potentially qualified bidders.
Sec. 207. Repeal of provision regarding housing for foreign
agricultural attache
This provision repeals a provision limiting the authority
of the State Department to sell overseas property housing
agricultural attaches.
Sec. 208. International Chancery Center
This section amends section 2 of the International Center
Act to establish an account in the Treasury into which advances
from foreign governments and international organizations may be
deposited and whose proceeds may be invested in public debt
obligations. Currently, such advances are held in a public bank
account.
Sec. 209. Travel to Great Lakes fisheries meetings
This section amends the Great Lakes Fisheries Act of 1956
to permit the Department to fund the travel of up to ten
members of the Great Lakes Fisheries Advisory Committee to
attend meetings of the Great Lakes Fisheries Commission, which
promotes environmental protection and economic development
among the Great Lakes states and Canada. This amendment
reflects changes in the meeting structure of the Commission.
Sec. 210. Correction of Fishermen's Protective Act of 1967
This section makes a technical correction to section 7 of
the Fishermen's Protective Act of 1967, which was enacted to
deter foreign governments from seizing U.S. commercial fishing
vessels based on claims to a fisheries jurisdiction not
recognized by the United States. One of the State Department's
primary responsibilities under the Act is to administer funds
from which reimbursement could be sought by U.S. vessel owners.
Recent amendments erroneously transferred certain
responsibilities from the Secretary of the Interior to the
Secretary of Commerce, rather than to the Secretary of State.
Sec. 211. State Department records of overseas deaths of U.S. nationals
from non-natural causes
Every year thousands of Americans travel safely overseas.
Unfortunately, however, some individuals die as a result of
accidents, criminal acts or negligence. Presently, the State
Department continuously alerts travelers to areas of safety
concern in each country through its country-by-country Consular
Information Sheet (CIS) and Travel Warnings that are accessible
through the Department's website.
Section 211 is intended to provide specific information to
potential travelers about deaths of American citizens overseas
when those deaths result from non-natural causes. The current
Consular Information Sheets tend to warn of generalized
dangers, such as ``Several tourists have been killed or injured
in jet-ski accidents, particularly when participating in group
tours.'' The information provided must be specific enough to
alert the U.S. public to potential dangers to enable the reader
to make an informed decision.
This section is not intended to require the Department to
release information protected by the Privacy Act. The section
requires that the information be gathered to the ``maximum
extent practicable.'' This should be read as a rule of reason.
Consular officials should gather information from reports
presented directly to them, from media reports, and from other
sources. They are not required, for the purposes of this
section, to engage in exhaustive investigations.
Sec. 212. United States policy with respect to Jerusalem as the capital
of Israel
This section contains four provisions related to the
recognition of Jerusalem as Israel's capital. It urges the
President to immediately begin the process of relocating the
U.S. Embassy in Israel to Jerusalem. It withholds funds for the
operation of the U.S. consulate in Jerusalem unless the
consulate is under the supervision of the U.S. Ambassador to
Israel. It denies funds for the publication of official U.S.
government documents listing capital cities unless they
identify Jerusalem as the capital of Israel. Finally, it allows
U.S. citizens born in Jerusalem to have Israel listed, upon
request, as their place of birth on passports.
Sec. 213. Use of funds received by International Boundary and Water
Commission
This provision permits the U.S. Section of the
International Boundary Water Commission to receive
reimbursements from the North American Development Bank and the
Border Environment Cooperation Committee.
Sec. 214. Fee collections relating to intercountry adoptions and
affidavits of support
This section amends Section 403 of the Intercountry
Adoption Act of 2000 and Section 232 of the Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001. These amendments
permit the expenditure of funds collected by the Department
under those statutory provisions.
Subtitle B--Educational, Cultural, and Public Diplomacy Authorities
Sec. 221. Allocation of funds for administrative expenses
This section permits the Bureau of Educational and Cultural
Affairs to use up to 7.5 percent of funds transferred to it
from other appropriations accounts for administrative purposes.
Under current law, the amount it may use for such purposes
ranges from zero to five percent. These limitations are unduly
restrictive.
Sec. 222. Action plan related to public diplomacy activities
This section requires the Secretary of State to submit a
plan to the appropriate congressional committees for
integrating public diplomacy policy into overall policy
formulation and for improving coordination and communication
between public diplomacy officers and others in the State
Department's regional bureaus and between public diplomacy
officers and the Under Secretary of State for Public Diplomacy.
At present, public diplomacy considerations are not always
adequately addressed in the formulation and implementation of
policy, policy coordination is minimal, and public diplomacy
officers lack direct channels of communication to the Assistant
Secretaries in the regional bureaus or to the Under Secretary
for Public Diplomacy (because most public diplomacy officers
ultimately report to the Under Secretary for Political
Affairs). The Committee believes that these are serious issues
which should be addressed by the Department in a timely and
effective manner through the action plan required by this
section. The Committee urges the Secretary of State to explore
a variety of options including co-locating those performing
public diplomacy functions and other State Department
personnel, both in the regional bureaus and in U.S. embassies.
Sec. 223. Advisory Committee on Cultural Diplomacy
This section establishes, on a temporary basis, an advisory
committee on cultural diplomacy to assist the Undersecretary
for Public Diplomacy and the Assistant Secretary for
Educational and Cultural Affairs in devising initiatives to
expand such programming and increase the use of public-private
partnerships to fund such programming.
The Committee believes that expansion of cultural
diplomacy--the presentation of creative, visual and performing
arts abroad--could have significant benefits to U.S. diplomacy.
Unfortunately, direct funding for such programs has declined
considerably in recent years to less that $2 million at
present.
Under Section 105(f) of the Fulbright-Hays Act, the
Department has authority to accept funds from the private
sector for such activities. The Committee urges the Department
and the Advisory Committee to explore ways of increasing
private sector support for such programming. The Committee
expects that members of the Advisory Committee will be
appointed on a non-partisan basis, and urges the Secretary to
consider candidates nominated by organizations such as the
National Assembly of State Art Agencies, the Association of
Performing Arts Presenters, and Americans for the Arts.
Sec. 224. Chinese language scholars program
This section authorizes the President to establish an
incentive awards program for secondary and undergraduate school
students to encourage study and mastery of the Chinese language
by U.S. citizens. The nature of the award and the procedures
for identifying and selecting award recipients are left to the
determination of the President. The Committee believes this new
program will encourage more Americans to study the Chinese
language and that this, in turn, will deepen U.S. understanding
of China and the ability of the U.S. government to advance
democratic values and American interests in China and the Asia-
Pacific region.
Sec. 225. Allocation of funds for ``American Corners'' in the Russian
Federation
This section authorizes $500,000 in both FY 2002 and 2003
for ``American Corners'' centers in host libraries in the
Russian Federation. A number of such centers already exist. The
Committee believes that the inclusion of information about
United States history, government, culture and values in
Russian libraries and access to computers and the Internet in
these centers will enhance U.S. programs of assistance and
increase public awareness of Russian citizens about the United
States.
Sec. 226. Conforming amendments
This section contains several technical and conforming
amendments which were overlooked in recent Foreign Relations
Authorization Acts.
Subtitle C--Consular Authorities
Sec. 231. Machine readable visas
Under current law, the Department has authority to collect
fees for machine readable visas. The Department may expend such
fees for consular services and border security programs. This
section authorizes the amount of fees it may expend in FY 2002
and 2003. Amounts collected above the authorized level are
subject to reprogramming.
Sec. 232. Consular fees
This section bars the Secretary from charging a fee for
notarial acts or authentication when such acts will facilitate
an inter-country adoption undertaken by a U.S. citizen. The
Committee believes that steps should be taken wherever possible
to remove obstacles in the way of U.S. citizens seeking
international adoption. One such obstacle is financial. In many
countries, local officials demand multiple certified and
authenticated copies of a variety of documents, leading
adoptive U.S. citizen parents to approach local American
diplomatic and consular posts for authentication services.
Consular fees collected for authentication services can quickly
add up to a major expense. The Committee believes that these
fees should be waived in order to reduce the costs of adoption.
Sec. 233. Report on approval of waivers of inadmissibility to the
United States
Under current law, the Department of State reports to
Congress periodically about non-immigrant visa applications
which are refused because the applicant is ineligible under
section 212(a)(3) of the Immigration and Nationality Act,
relating to security and other grounds. This section adds a
requirement that the Department report twice a year on visas
issued pursuant to waivers of ineligibility under Section
212(a)(3), including so-called ``silent'' waivers. As with the
current report under Section 51(a) of the Basic Authorities
Act, this report may be submitted in classified form.
Sec. 234. Denial of Entry into United States of Chinese and other
nationals engaged in coerced organ or bodily tissue
transplantation
This section prohibits the issuance of a U.S. visa and the
entry to the United States to any person who has been directly
involved with the coercive transplantation of human organs or
bodily tissue unless there are substantial grounds for
believing that this individual has discontinued his or her
involvement with, and support for, such practices. The visa
denial must be based upon ``credible and specific
information.'' The prohibition does not apply to a head of
state, head of government, or cabinet-level minister. The
provision may be waived by the Secretary of State when it is
important to the national interests to do so.
The Committee is concerned about continued reports of
involuntary organ harvesting in nations such as the People's
Republic of China. A recent study by the Laogai Research
Foundation suggests that a number of Chinese doctors who have
received specialized medical training in the United States may
have been involved in the practice of harvesting organs from
executed prisoners without permission from the potential donors
or their families.
Subtitle D--Migration and Refugees
Sec. 241. U.S. membership in the International Organization for
Migration
This section provides Congressional approval of certain
amendments to the constitution of the International
Organization for Migration (IOM). These amendments were adopted
in 1998 by the IOM governing body, of which the United States
is a member. The proposed amendments to the IOM constitution
concern four issues of internal IOM governance.
Sec. 242. U.S. policy regarding involuntary return of refugees
This section reinstates a provision regarding policy on the
involuntary return of refugees which has been enacted in
previous years (most recently in Section 251 of the Admiral
James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001).
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Subtitle A--Organizational Matters
Sec. 301. Comprehensive workforce plan
This section requires the State Department to submit to
Congress a comprehensive workforce plan within 6 months of the
date of enactment. It also requires that the Department develop
within 1 year of the date of enactment a domestic staffing
model to assist in determining workforce needs in future years.
The Committee is concerned that the Department has failed to
devote sufficient attention to workforce planning. In
particular, the Committee is dismayed at the Department's
apparent inability to match staffing requirements to meet the
policy needs of overseas posts and stateside offices. This
requires dramatically improved coordination between the post
mission plans, the regional bureaus policy priorities, and the
Bureau of Personnel.
Sec. 302. ``Rightsizing'' overseas posts
This section requires the Department to establish both an
internal and an interagency task force to review issues of
overseas staffing presence. This follows through on numerous
reports, including that of the Overseas Presence Advisory
Panel, that details the need to ``right size'' overseas posts--
i.e., staffing the post to the mission. Reports on the progress
of each of these task forces are required.
Sec. 303. Elimination of position of Deputy Secretary of State for
Management and Resources
This section eliminates a provision enacted last year in an
appropriations act, and without agreement of this Committee, to
create the position of Deputy Secretary of State for Management
and Resources. The Committee believes this second deputy
position is unnecessary. Secretary Powell has made clear that
Deputy Secretary Armitage is his chief operating officer,
responsible for management of both policy and resources. The
Committee has high confidence in Secretary Armitage's ability
to carry out this function. No official will be displaced as a
result of this provision, as the position has yet to be filled.
Subtitle B--Personnel Matters
Sec. 311. Thomas Jefferson Star for Foreign Service
In 1999, Congress created the ``Foreign Service Star'' to
honor U.S. government employees killed or wounded in the line
of duty overseas. This provision amends the name of the award
to ``Thomas Jefferson Star for Foreign Service.'' The change
was requested by the State Department. The award is authorized
for all personnel serving at overseas missions.
Sec. 312. Presidential Rank Awards
This provision amends the Foreign Service Act of 1980 in
order to restore parity between Senior Foreign Service and
Senior Executive Service Presidential Awards. This parity was
lost upon enactment of a provision in the FY 1999 Treasury and
General Government Appropriations Act which altered the system
for awards to senior executives in the civil service, but
neglected to make a similar change for Senior Foreign Service
Officers. The Committee believes there is no basis for this
disparity in treatment of personnel in the two systems with
regard to these awards.
Sec. 313. Clarification of separation for cause
This section revises section 610 of the Foreign Service Act
of 1980, related to separation from the Service for cause, to
make the provision more comprehensible. Several recent
amendments to Section 610 have necessitated this change. This
section is not intended to make substantive changes to Section
610.
Sec. 314. Family visitation travel for dependents
This section amends section 901 of the Foreign Service Act
of 1980 to extend eligibility for Family Visitation Travel to
family members of Foreign Service members. Currently, section
901 authorizes such travel only for members of the Service.
Sec. 315. Health education and disease prevention programs
This section amends Section 904(b) of the Foreign Service
Act of 1980 in order that the Department may better allow its
medical professionals to provide counseling and educational
materials to foreign national employees of U.S. missions
concerning diseases to which they are exposed but that may not
be attributable to the workplace. The Office of Medical
Services currently provides on-the-job illness and injury
services for locally engaged staff. This provision permits the
Department to provide health information and counseling. This
is not intended to include any activities contrary to U.S.
government policy on family planning.
Sec. 316. Correction of time limit for grievance filing
This section amends section 1104(a) of the Foreign Service
Act of 1980 to correct a drafting error made in the most recent
Foreign Relations Authorization Act (P.L. 106-113). This is a
technical correction. The literal requirement of the 1999
amendment--that a grievance involving a supervisor be filed
``in no case less than two years after the occurrence giving
rise to the grievance''--imposes a waiting period, contrary to
the intent of Congress. This section would eliminate language
imposing a two-year waiting period for the filing of certain
grievances, and would provide instead that the normal two-year
time limit may be extended to as long as three years in the
circumstances specified.
Sec. 317. Training authorities
This section would make permanent a pilot program
authorized in 1998 at the Foreign Service Institute (FSI) which
permitted the FSI to provide, on a reimbursable or advance-of-
funds basis, appropriate training and related services to
employees of U.S. companies which do business abroad, and to
family members of such employees, when such training is in the
national interest. The pilot program also authorized training,
on a reimbursable basis, to Members of Congress or the
Judiciary and employees of the legislative and judicial
branches.
The Department reports that this authority has been used
minimally (131 of the 68,000 enrollments in FY 1999-2000), but
that such use has been worthwhile, particularly by making U.S.
business persons more aware of personal security issues
overseas and the role of the U.S. embassy in crisis situations.
This section requires a report every other year, so Congress
can monitor the situation and ensure that such training is not
interfering with the primary mission of the FSI.
Sec. 318. Unaccompanied air baggage
This section relates to unaccompanied air baggage of
dependent personnel. Under current law, dependent children (of
government personnel) on educational travel are allowed to ship
up to 250 pounds of baggage between the United States and the
employee's post. The law, however, does not cover any storage
of effects. Thus, students often spend much of the summer
without their baggage because it is in transit either to or
from the post.
The provision would allow dependent children who attend
school in the United States the option of either leaving their
belongings in short-term commercial storage in the United
States, if there is no additional cost, instead of shipping
their baggage to post. Local storage is a common-sense
alternative. In response to the same problem, the Department of
Defense obtained a similar amendment in its 1999 authorization
bill.
Sec. 319. Emergency medical advance payments
In 1999, Congress provided agencies the authority to
advance up to three months pay to an employee assigned or
located outside of the United States on government
authorization (i.e., on temporary duty), when the employee or
family member must undergo certain medical treatments abroad.
Such authority extended to foreign national employees and non-
family member United States citizen employees hired abroad when
such individuals need medical care while they are located
outside their country of employment on U.S. Government
authorization.
Congress unintentionally excluded certain categories of
employees, including persons hired pursuant to personal service
agreements or contracts or foreign nationals employed by non-
Foreign Affairs agencies appointed under authority of title 5,
United States Code. The proposed amendment would correct this
omission.
Sec. 320. Retirement credit for certain government service preformed
abroad
Because of changes made in 1986 to federal retirement law,
individuals who worked for the Department of State in U.S.
missions abroad under part-time, intermittent or temporary
(``PIT'') appointments after January 1, 1989, were not eligible
to pay into a federal retirement system for that service, or
receive credit for that service, in order to improve their
future retirement situations. The Department of State amended
its regulations in 1998 to cover PIT appointees. The amendment
created an inequity for PIT appointees who were employed
between 1989 and 1998, since that employment time could not be
``purchased'' or credited toward any federal retirement system.
This section is intended to remedy this inequity by
permitting individuals with creditable service as PIT
appointees between 1989 and 1998 to receive credit and make a
deposit into the Federal Employees Retirement System for all or
part of that period. The Committee believes that this remedy
addresses a basic inequity, however unintended, created by
various changes to federal retirement law. It also recognizes
the value added by PIT appointees, who are generally the
dependents of Foreign Service or U.S. Armed Forces members, to
official operations abroad.
Sec. 321. Computation of Foreign Service retirement annuities as if
locality pay were made to overseas stationed Foreign Service
members
This section addresses a retirement and pay issued
identified by the State Department. At present, ``locality
pay''--which is provided to employees serving in the United
States--is included in the calculation of Foreign Service
retirement. Foreign Service officers serving overseas do not
receive locality pay. Thus, as they near retirement, they have
a significant financial incentive to remain in Washington. This
often deprives overseas posts of the experience which more
senior officers bring to U.S. diplomacy.
Under this section, an officer, while serving overseas,
will have his or her annuity calculated as if he or she were
actually receiving locality pay. The Department estimates that
this proposal will cost $8 million in FY 2002 and can be
absorbed within the current estimate.
Sec. 322. Plan for improving recruitment of veterans into the Foreign
Service
This section requires the Secretary of State to submit to
the appropriate Congressional committees a plan to improve the
recruitment of veterans to serve as candidates for the Foreign
Service.
The Committee believes that the United States armed forces
provide a largely untapped recruitment pool of qualified
individuals with international experience as well as writing,
reporting and analytical skills. The Department recently
provided data to the Committee indicating that only a very
small percentage of commissioned Foreign Service officers have
ever served in the U.S. armed forces. The Committee expects the
Department to produce an action plan that will improve the
effort to recruit among personnel who are departing the armed
services. The Committee believes that these efforts will pay
dividends in the quality of candidates for appointment as
commissioned officers in the Foreign Service, and eventually,
in improving coordination between U.S. civilian and uniformed
services overseas.
TITLE IV--INTERNATIONAL ORGANIZATIONS
Sec. 401. Payment of second installment of arrearages
This section will result in the release of $582 million in
U.S. arrearages to the United Nations. The provision amends a
condition on U.S. peacekeeping assessments set forth in the
United Nations Reform Act of 1999 (the ``Helms-Biden''
legislation) to bring the rate in line with the one negotiated
in December 2000 by then-US Ambassador to the U.N., Richard
Holbrooke. This provision passed the Senate in February 2001 as
S. 248 on a 99-0 vote.
Sec. 402. Payment of third installment of arrearages
This section clarifies and makes minor changes to
provisions in the United Nations Reform Act of 1999 related to
the third payment of arrearages. It also ``de-links'' all
agencies awaiting payment of arrearages. Thus, arrears for non-
UN related agencies will be released upon passage of this
legislation, and any one U.N.-affiliated agency will not have
to wait for the certification of reforms by other agencies in
order to receive its arrearage funding.
Sec. 403. Transmittal of certifications to Congress
The section eliminates the 30-day notification period
previously required for the release of Year Two payment of
arrearages in the United Nations Reform Act of 1999 and reduces
to 15 days the notification needed for the release of the Year
Three arrears payment authorized by that Act. The elimination
of the advance notification for Year Two will expedite the
obligation of the funding. The original intent of the waiting
period was to give Congress time to examine the certifications
that the conditions had been met. There has been ample time to
examine compliance with the Year Two conditions.
Sec. 404. Reports to Congress on contributions to the United Nations
This provision consolidates within section 4 of the United
Nations Participation Act two overlapping reporting
requirements on contributions to international organizations.
Specifically, section 2 of Public Law 81-806 (1950) provides in
relevant part: ``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.'' Section 409(d)
of the Foreign Relations Authorization Act, FY 1994 and 1995
(P.L. 103-236), requires that not later than February 1 of each
year, the President shall submit to the Congress a report
concerning the amount of U.S. assessed contributions paid to
the U.N. and its specialized agencies during the preceding
calendar year. These reports are duplicative. This section will
create one comprehensive report that provides the same amount
of information.
Sec. 405. Limitation on the United States share of assessments for U.N.
peacekeeping operations in calendar years 2001-2003
This section recognizes that failure to lift the 25 percent
cap on U.S. payments to the U.N.'s peacekeeping budget (set
forth in Section 404 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995) will generate new arrears in
excess of $70 million this year alone and seeks to address the
matter by establishing a sliding scale of caps in light of the
reductions negotiated in 2000 by then-Ambassador Holbrooke.
Each calendar year from 2001-2003, the U.S. assessment rate for
peacekeeping will decline, reflecting the downward trend
negotiated by Holbrooke. The 25 percent cap remains in place
for calendar year 2004 and thereafter.
Sec. 406. Limitation on the U.S. share of assessments for U.N. regular
budget
This provision codifies the U.S. assessment rate for the
U.N.'s regular budget--as negotiated by then-U.N. Ambassador
Holbrooke in December 2000--to 22 percent. This is consistent
with a condition enacted in the United Nations Reform Act of
1999.
Sec. 407. Sense of Congress relating to the payment of the U.S.
portions of the regular budget of the U.N.
This section recognizes that the U.N. and its affiliated
agencies are very close to completing the reforms established
in the United Nations Reform Act of 1999. Assuming completion
of the reforms by December 2001, the Committee urges the
Administration to begin again the practice of paying the U.S.
portion of the regular budget of the United Nations in January
2002 (the beginning of the U.N.'s fiscal calendar) and every
January thereafter--rather than the current practice of paying
in October at the beginning of the U.S. fiscal year. This re-
synchronization of payments will dramatically improve the
U.N.'s ability to manage better its finances and will encourage
other nations to pay their regular budget dues on time as well.
The Committee also notes that there are other U.N.-related
agencies to which the United States also defers annual payments
until the beginning of the U.S. fiscal year; these include the
World Health Organization (WHO), the Food and Agriculture
Organization (FAO), the International Labor Organization (ILO),
and the International Atomic Energy Agency (IAEA). The
Committee urges the Administration to consider for calendar
year 2003--upon completion of the reforms outlined in the
Helms-Biden legislation--the reversal of the current policy of
paying U.S. dues to international organizations at the
beginning of the U.S. fiscal year and revert to paying our dues
within the first month of the fiscal years of those
organizations.
Sec. 408. Zero growth U.N. budget
This section mandates that the United States withhold, on a
pro-rated basis, its portion of the 2002-2003 biennium budget
that exceeds zero real growth unless the Secretary of State
certifies that the U.N.'s biennium budget has achieved zero
real growth (i.e., after accounting for inflation), from the
2000-2001 to 2002-2003 regular budgets and that the U.N. has
stayed within its own budget for calendar year 2002. While the
Committee recognizes and applauds the U.N.'s diligent efforts
these past six years in maintaining fiscal discipline, such
discipline remains a key concern of Congress.
Sec. 409. Membership on Commission on Human Rights and International
Narcotics Control Board
This section requires that the United States use its voice
and vote to make every reasonable effort to secure a seat for
the United States on the U.N. Commission on Human Rights and
the U.N.'s International Narcotics Control Board. The loss of
U.S. membership on these bodies is a source of deep concern to
the Committee because it reduces U.S. ability to influence
policy in these two key areas of international relations. It is
incumbent upon the Secretary of State to use U.S. leverage to
regain membership to these two important U.N. bodies. The
provision also calls on the Secretary to seek to prevent states
with governments that engage in significant human rights
violations from obtaining membership on the Commission. The
Committee finds it absurd and highly counterproductive that
autocratic governments with poor human rights records are given
seats on a body the purpose of which is to promote human
rights.
Sec. 410. Action plan for enhanced Department of State efforts to place
U.S. nationals in positions of employment in the United Nations
and its specialized agencies
This section requires the Secretary of State to submit a
report to the appropriate Congressional committees containing
an action plan for enhancing the State Department's efforts to
place U.S. nationals at the United Nations and in its
specialized agencies.
A recent General Accounting Office (GAO) report noted a
general decline in the resources and number of positions in the
Department's Office of United Nations System Administration in
the Bureau of International Organizations Affairs that are
dedicated to the placement of U.S. nationals at the United
Nations and its specialized agencies. According to the report,
while the United States has a nearly proportionate share of
representation in the more senior positions within the U.N. and
its specialized agencies, the farther down the ranks, the worse
the situation of underrepresentation becomes. The Committee
calls upon the Department of State to address this issue and
propose possible remedies.
Among the ``appropriate mechanisms'' referenced in section
410(a)(3), which the Department should consider are: (1) the
feasibility and cost-effectiveness of creating a ``junior
professional officer'' (JPO) program--similar to the JPO
program currently used by the Netherlands to substantial
effect; and (2) steps to counteract constraints on spousal
employment in nations hosting U.N. agencies, which the GAO
report finds discourages U.S. nationals from accepting offers
of employment in those agencies.
TITLE V--U.S. INTERNATIONAL BROADCASTING ACTIVITIES
Sec. 501. Redesignation of Broadcasting Board of Governors as the
United States International Broadcasting Agency
This section redesignates the Broadcasting Board of
Governors--an independent entity which oversees all U.S. non-
military international broadcasting--as the U.S. International
Broadcasting Agency.
Sec. 502. Special authority for surge capacity
This section provides special authorities to the President
to provide assistance to international broadcasting activities
in order to provide a rapid expansion in broadcasting
capabilities when a foreign policy crisis arises. During the
Kosovo war in 1999, an effort to expand broadcasting to the
region was hampered by inflexible rules and the lack of readily
available funds.
Sec. 503. Dissemination of the VOA Special English Service's
programming in the United States
This section would allow VOA's Special English programming
to be made available in the United States. The Voice of America
is prohibited by the Smith-Mundt Act from disseminating
domestically material that was originally produced for
broadcast overseas.
VOA's Special English Service merits an exemption because
it does not implicate the concerns the Smith-Mundt restrictions
were designed to address, and because it can assist citizens
and aliens living here seeking to improve their English-
speaking skills. Special English was created to communicate by
radio in clear and simple English with people whose native
language is not English. Over the years, it has proven to be a
remarkable tool in teaching English as a second language. While
many overseas students benefit from Special English, this
resource is not available to residents of the United States,
such as new immigrants, who might also benefit from this
program. VOA has received numerous requests from teachers of
English as a second language, publishers, and academic
institutions for Special English materials. The Committee
expects that there will be no additional cost to the government
for this service.
Sec. 504. Modification of limitation on grant amounts to RFE/RL, Inc.
This section amends a current limit on grants to RFE/RL,
Inc., raising it from $75 million per year to $85 million in
each of FY 2002 and 2003.
Sec. 505. Grants for Radio Free Asia
This section amends a current limit on grants to Radio Free
Asia, raising it from $30 million to $35 million in each of FY
2002 and 2003.
Sec. 506. Pay parity for senior executives of RFE/RL, Inc.
Under current law, RFE/RL grant funds may not be used to
pay any salary or compensation in excess of the rate level IV
of the Executive Schedule. The Broadcasting Board of Governors
has interpreted this provision as placing a cap on the salaries
of senior managers of RFE/RL at the rate of pay for Executive
Level IV, exclusive of locality pay. RFE/RL senior executives
are not federal employees and do not receive locality pay under
the Federal Employee Pay Comparability Act of 1990 (which
provides for locality adjustments in certain high-cost areas).
In order to provide pay parity for these senior employees, this
provision would permit up to four senior RFE/RL managers based
in Washington to receive a salary benefit equivalent to the
comparable Senior Executive Service salary with locality pay.
Sec. 507. Authority to contract for local broadcasting services outside
the United States
This section amends current law relating to authority to
enter into contracts for certain capabilities. Under current
law, the Broadcasting Board of Governors may enter into
contracts for periods not to exceed 7 years for circuit
capacity to distribute radio and television programs. This
section provides authority to enter into contracts for up to 10
years in order to acquire local broadcasting services outside
the United States.
Sec. 508. Personal services contracting pilot program
This section provides the Broadcasting Board of Governors
(BBG) the authority to implement a pilot program to utilize
personal services contracts in the United States to employ
individuals in the International Broadcasting Bureau (IBB) and
the Voice of America. The Committee has capped the authority at
75 employees at any one time. The limited authority to award
personal services contracts for broadcasters, producers and
writers should enhance the BBG's responsiveness to crises and
also better support existing broadcasts.
Sec. 509. Travel by Voice of America correspondents
This section exempts Voice of America correspondents from
the security responsibilities of the Secretary of State under
Section 103 of the Diplomatic Security Act and from the Chief
of Mission responsibilities in Section 207 of the Foreign
Service Act of 1980. Although VOA correspondents are on the
federal payroll, they are unique in that they are working
journalists. Accordingly, it is the view of the Committee that
their independent decisions on when and where to cover the news
should not be governed by other considerations. The Committee
expects that the VOA Director will take appropriate steps to
ensure that VOA correspondents do not take undue risks that
threaten their personal security.
Sec. 510. Conforming amendments
This section makes technical and conforming amendments to
the U.S. International Broadcasting Act to correct drafting
errors made in previous Foreign Relations Authorization Acts.
TITLE VI--REPORTING AND RELATED REQUIREMENTS
Sec. 601. Economic policy and trade practices
This section repeals several reporting requirements, as
requested by the Administration.
Subsection (a) repeals a requirement for annual Country
Reports on Economic Policy and Trade Practices, which describe
economic policy and trade practices of individual countries.
The Committee believes this reporting requirement can be
eliminated because it is redundant with other reporting
requirements. With the advent of computerized databases (i.e.,
the National Trade Data Bank) and the Internet, a user can
access information very similar to what is contained in these
reports. In addition, the Office of the U.S. Trade
Representative produces much of the same information in the
national trade estimate reports.
Subsection (b) repeals a provision of which requires annual
submission of a report on the prospects for economic and social
development in 45 countries which receive economic assistance
under Title II of the Foreign Assistance Act.
Subsection (c) eliminates the requirement for reporting on
the number of U.S. nationals (military and civilian) visiting a
foreign country quarterly as required by section 36(a)(7) of
the Arms Export Control Act. The Department asserts that it
does not have the resources to track, tabulate, and report all
of the U.S. military and industry personnel that are in each
country every month.
Subsection (d) amends the Foreign Assistance Act to
eliminate a requirement that the Secretary of State provide an
annual report to Congress pursuant to the International
Anticorruption and Good Governance Act. This reporting
requirement is largely duplicative of information already
provided to Congress in the Department's annual reports to
Congress relating to the OECD Convention on Corruption, the
Inter-American Convention Against Corruption, and in the drug-
related corruption section of the International Narcotics
Control Strategy Report.
Sec. 602. Report relating to Commission on Security and Cooperation in
Europe
This section rewrites and updates a current reporting
requirement of the Department of State to the Commission on
Security and Cooperation in Europe, a joint Executive-
Congressional commission established by statute.
Sec. 603. Briefings on potential purchases of defense articles or
defense services by Taiwan
This section requires the State Department, in consultation
with the Defense Department, to provide detailed briefings
every three months to the appropriate Congressional committees
on discussions between any executive branch agency and the
government of Taiwan on any potential purchase of defense
articles or services by the government of Taiwan.
Section 3(b) of the Taiwan Relations Act grants Congress a
role in the sale of defense items to Taiwan. It states, in
part, that the ``President and the Congress shall determine the
nature and quantity of such defense articles and services * *
*.'' Beginning in 1981 the executive branch established a
unique annual defense sale process for Taiwan, under which
Taiwan submitted its requests in annual pre-talks held usually
in November and those requests were approved, disapproved or
deferred at talks usually held the following April.
In recent years there have been concerns within the
Congress about the effectiveness of the consultative process.
As a result Congress enacted legislation last year, Section 581
of the Foreign Operations Appropriations Act (P.L. 106-429),
requiring that Congress be consulted on Taiwan's requests at
least 30 days prior to each annual round of defense sales
talks.
At the annual defense talks on April 24, 2001, the Bush
Administration announced that it was terminating the annual
defense sale process and would henceforth consider Taiwan's
requests on an ongoing basis. The consultative process set
forth in section 581 of P.L. 106-429 has been rendered moot as
a result. Section 603 establishes a new procedure to ensure
that consultations between the executive branch and Congress on
Taiwan's potential purchases of defense articles and services
and the Congressional role as outlined in the Taiwan Relations
Act are maintained.
Sec. 604. Annual Reports on U.S.-Vietnam human rights dialog meetings
This section mandates annual reports on the human rights
dialog meetings between the United States and Vietnam and the
extent to which the government of Vietnam has made progress on
conforming its commercial and criminal codes with international
standards; releasing imprisoned political and religious
activists; taking steps to ease official restrictions on
religious activity, to promote freedom of the media, and to
address concerns about indigenous minorities; and making
efforts to improve prison conditions; and working with the
International Labor Organization to improve basic worker
rights.
Sec. 605. Semiannual reports on expenditures made from appropriation
for ``Emergencies in the Diplomatic and Consular Service''
This section would alter a current requirement that the
Department submit a quarterly report on expenditures from the
``emergencies'' account and make it semiannual.
Sec. 606. Report concerning elimination of Colombian opium
This section requires the Secretary of State, through the
Assistant Secretary for International Narcotics and Law
Enforcement Affairs, to provide the Congress with a report
outlining a comprehensive strategy to eradicate all opium
cultivation in Colombia. Most of the heroin in the U.S. market
now comes from Colombia. According to U.S. law enforcement
officials, eradication of poppy cultivation at its source is
the most effective way to reduce heroin supplies.
Sec. 607. Report concerning the German foundation ``Remembrance,
Responsibility, and the Future''
This section directs the Secretary of State to report on
the status of the agreement between the government of the
United States and the Federal Republic of Germany concerning
the Foundation that was established to distribute Holocaust Era
insurance claims and payments to Holocaust survivors who were
forced into labor or slave labor. This report shall be
submitted to appropriate congressional committees, either in
writing or orally, within 180 days after the enactment of this
Act, and every 180 days thereafter.
It will report on the status of the implementation of the
agreement and the distribution of approximately $5 billion to
Holocaust survivors by the Foundation. The Committee believes
it is important that the money provided by the German
government that is intended to reach Holocaust survivors
actually reach those individuals in a timely fashion.
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--Middle East Peace Commitments Act of 2001
Sec. 701. Short title
This subtitle is the ``Middle East Peace Commitments Act of
2001.''
Sec. 702. Findings
This section describes the most basic commitments made by
Palestine Liberation Organization (PLO) in an exchange of
letters between the late Prime Minister Yitzhak Rabin and
Chairman Yasser Arafat on September 13, 1993. These commitments
include resolving outstanding issues through peaceful means,
renouncing terrorism and violence, and assuming responsibility
over all PLO personnel.
Sec. 703. Reports
This section requires the President to make a determination
and to report every six months (initially 30 days after
enactment of the legislation) on whether the PLO and/or the
Palestinian Authority (PA) are abiding by their commitments as
specified in Section 702.
Sec. 704. Imposition of sanctions
This section provides that, if it is determined (in the
Section 703 report) that the PLO and/or the PA are not in
compliance with the commitments specified in Section 702, then
the President is required to impose at least one of four
sanctions for a period of at least six months. The possible
sanctions are: deny U.S. visas to PLO and PA officials,
downgrade the status of the PLO office in Washington to an
information office as existed before the Oslo accords,
designate the PLO or its constituent groups as terrorist
organizations, and cut off non-humanitarian U.S. assistance to
the West Bank and Gaza. The President is allowed to waive the
sanctions requirement upon making a determination that such a
waiver is in the national security interest of the United
States.
Subtitle B--Tibet Policy
This subtitle lays out a comprehensive approach for
American policy toward Tibet. The Committee believes that this
statement of policy is warranted due to the failure of the
Government of the People's Republic of China to preserve the
distinct ethnic, cultural and religious identity of the Tibetan
people and to enter into a dialog with the Dalai Lama or his
representatives to reach a negotiated agreement on Tibet.
Sec. 711. Short title
This section entitles this subtitle as the ``Tibetan Policy
Act of 2001.''
Sec. 712. Statement of purpose
This section states the purpose of this subtitle: to
support the aspirations of the Tibetan people to safeguard
their distinct identity.
Sec. 713. Tibet negotiations
This section urges the President and Secretary of State to
encourage the Government of the People's Republic of China to
enter into a dialogue with the Dalai Lama or his
representatives and to provide an annual report to the Congress
on steps taken to encourage this dialogue and the status of
discussions between the Government of China and the Dalai Lama.
Sec. 714. Reporting on Tibet
This section mandates that a separate section on Tibet be
included in the annual human rights report and the annual
religious freedom report submitted by the Department of State
to the Congress.
Sec. 715. Congressional-Executive Commission on the People's Republic
of China
This section amends the U.S.-China Relations Act of 2000
(P.L. 106-286) to include a description of the status of
negotiations between the Government of China and the Dalai Lama
and measures taken to safeguard Tibet's distinct identity as
issues to be considered by the Congressional-Executive
Commission on the People's Republic of China.
Sec. 716. Economic development on the Tibetan plateau
Subsection (a) of this section states that it is the policy
of the United States to support economic development, cultural
preservation, health care, and education and environmental
sustainability for Tibetans inside Tibet. The Committee notes
that in 1980 Chinese Party Secretary Hu Yaobang formulated the
Six Point Program for Tibet, which stated that the ``Tibetan
people's habits, customs, history and culture must be
respected,'' that ``all ideas that ignore and weaken Tibetan
culture are wrong,'' and that ``Tibet should lay down laws,
rules and regulations according to its special characteristics
to protect the right of national autonomy and its special
national interests.'' Recognizing that the Dalai Lama is not
seeking independence for Tibet, that in 1979 Deng Xiaoping
offered to negotiate on all issues other than independence, and
that President Jiang Zemin has stated that the door to
negotiations is open if the Dalai Lama accepts that Tibet is an
inseparable part of China, the Committee believes that the
adoption by the current Chinese government of the principles
formulated by Hu Yaobang would improve the potential for
meaningful negotiations with the Dalai Lama and have a positive
impact on United States-China relations.
Subsection (b) mandates that the United States use its
voice and vote in international financial institutions to
support projects in Tibet designed in accordance with a set of
principles, enumerated in subsection (d), that are designed to
raise the standard of living for the Tibetan people and to make
them self-sufficient.
Subsection (c) directs the Eximbank, OPIC, and TDA to
support projects following these principles.
Subsection (d) enumerates the principles which are to serve
as a guidelines for the projects that the international
financial institutions, nongovernmental organizations and the
U.S. government should support in Tibet.
Sec. 717. Release of prisoners and access to prisons
This section states that the President and Secretary of
State should request the immediate release of all Tibetan
political prisoners including those, like Ngawang Choephel,
known to be seriously ill, and seek access for international
humanitarian organizations to Tibetan prisoners.
Sec. 718. Establishment of a U.S. branch office in Lhasa, Tibet
This section directs the Secretary of State to make best
efforts to establish an office in Lhasa, Tibet, to monitor
developments in Tibet.
Sec. 719. Requirement for Tibetan language training
This section mandates that Tibetan language training be
available to foreign service officers and to make every effort
to assign a Tibetan-speaking officer to a U.S consulate in the
PRC.
Sec. 720. Religious persecution in Tibet
This section mandates that the U.S. ambassador to China
seek to meet with the 11th Panchen Lama and request his release
by the government of China.
Subtitle C--East Timor Transition to Independence Act of 2001
This subtitle specifies steps to be taken by the U.S.
government to facilitate the transition of East Timor to
independence. The Committee believes that it is in the
interests of the United States to help the people of East
Timor, who voted overwhelmingly for independence from Indonesia
in August 1999, to realize their aspirations for a stable,
prosperous democratic nation.
Sec. 731. Short title
This section entitles this subtitle as the ``East Timor
Transition to Independence Act of 2001.''
Sec. 732. Bilateral assistance
This section authorizes $25 million in each of the FY 2002
and 2003 for programs to be carried out by the Agency for
International Development in East Timor.
Sec. 733. Multilateral assistance
This section mandates that the United States use its voice,
vote and influence at each of the international financial
institutions of which it is a member to support economic and
democratic development in East Timor.
Sec. 734. Trade and investment assistance
Subsection (a) of this section directs the President of the
Overseas Private Investment Corporation (OPIC) to send a risk
assessment team to East Timor to determine if East Timor meets
the OPIC requirements after independence.
Subsection (b) directs the Director of the Trade and
Development Agency to send an assessment team to East Timor to
conduct a feasibility study to determine how U.S. investment
can assist East Timor's development after independence.
Subsection (c) encourages the U.S. Export-Import Bank to
take steps to undertake activities with respect to East Timor.
Sec. 735. Generalized System of Preferences
This section urges the U.S. Trade Representative and the
Customs Commissioner to send an assessment team to East Timor
to determine what products from East Timor would be eligible
for benefits under the Generalized System of Preferences after
independence.
Sec. 736. Peace Corps activities
This section urges the Director of the Peace Corps to send
an assessment team to East Timor to assess the possibility of
establishing a formal Peace Corps presence in East Timor after
independence.
Sec. 737. Security assistance for East Timor
Subsection (a) of this section requires the President to
conduct a study and report to the appropriate Congressional
committees on the extent to which East Timor's security needs
can be met through provision of excess defense articles and on
the extent to which international military education and
training (IMET) assistance will enhance the professionalism of
the armed forces of East Timor.
Subsection (b) authorizes the provision of excess defense
articles and IMET pending a certification that East Timor has
established independent armed forces and that assisting those
forces will promote U.S. national interests and human rights
and professionalization of the armed services in East Timor.
Sec. 738. Authorization of U.S. diplomatic mission to East Timor
Subsection (a) of this section authorizes the establishment
of a U.S. diplomatic mission to East Timor.
Subsection (b) mandates that the head of the U.S. mission
in East Timor be a chief of mission with no other diplomatic
responsibilities in Indonesia or elsewhere.
The Committee does not believe that the security situation
on the ground in East Timor poses an unacceptable risk to
official American personnel or an obstacle to the establishment
of an American embassy in East Timor. In fact, the Committee
strongly believes that U.S. interests in helping the people of
East Timor to establish a new democracy can be promoted most
effectively through the establishment of a U.S. embassy in East
Timor and the presence of an American ambassador whose sole
responsibilities pertain to the bilateral relationship between
the United States and East Timor.
Sec. 739. Reporting requirement
This section requires the Secretary of State to transmit a
report within 90 days of enactment and annually thereafter on
various developments with respect to East Timor including the
specific steps taken by U.S. agencies to assist East Timor.
Subtitle D--Reform of Certification Procedures Applicable to Certain
Drug Producing or Trafficking Countries
Sec. 741. Findings
This section sets forth findings concerning the nature of
the threat posed by illicit drug trafficking, including the
economic and social cost of such activities.
Sec. 742. Modification of procedures relating to assistance to for
major drug-transit and major illicit drug producing countries
Subsection (a) amends Chapter 8 of part I of the Foreign
Assistance Act of 1961 to add a new section Section 490A. This
subsection changes the annual drug certification procedures
beginning October 1, 2001 through 2003. Section 490A(a)
provides for the submission of a report to Congress on October
1 of each of the applicable years setting forth the names of
countries determined each year to be major drug-transit or
major illicit drug producers. Subsection (b) of Section 490A
section requires the President to include in the so-called
``Majors Report'' a determination as to whether any of the
countries listed pursuant to subsection (a) have failed to
adhere to obligations under international counter narcotics
agreements or have failed to take the counter narcotics
measures set forth in section 489(a)(1) of the Foreign
Assistance Act of 1961 and give an explanation as to why the
President has made such a determination with respect to such
country. Subsection (c) prohibits assistance to any country
identified under subsection (b) unless the President determines
that the continuation of assistance is vital to the U.S.
national interests, or after the initial determination at the
beginning of the fiscal year, the President determines that
such country is in fact adhering to its international
obligations with respect to counter narcotics matters.
Subsection (d) defines the terms used throughout this section.
Section 742(b)(1) suspends Section 490 of the Foreign
Assistance Act with respect to the annual certification process
for FY 2002-2004 during the three years in which Section 490A
is in effect. Subsection (b)(2) makes it clear that the
requirement that the International Narcotics Control Strategy
Report be transmitted not later than March 1 of each year is
not affected by Section 490A.
Sec. 743. Sense of Congress on enhanced international narcotics control
This section expresses the sense of the Congress with
respect to the need for an enhanced multilateral
counternarcotics strategy to improve cooperation with respect
to the investigation and prosecution of drug-related crimes as
well as drug education and treatment. It calls upon the United
States to convene a conference of interested countries to
review existing strategies and agree to a program and timetable
for implementation.
Sec. 744. Inclusion of major foreign drug trafficking organizations in
International Narcotics Control Strategy Report
This section amends Section 489 of the Foreign Assistance
Act of 1961 to require that the annual International Narcotics
Control Strategy Report include information on major drug
trafficking organizations.
Sec. 745. Judicial review under Foreign Narcotics Kingpin Designation
Act
This section amends Section 805 of the Foreign Narcotics
Kingpin Designation Act to provide for judicial review under
that Act.
Subtitle E--Clean Water for the Americas Partnership
Sec. 751. Short title
This section entitles the subtitle as the ``Clean Water for
the Americas Partnership Act of 2001.''
Sec. 752. Definitions
This section defines terms used in the subtitle.
Sec. 753. Establishment of program
This section authorizes the President to establish a Clean
Water for the Americas Partnership.
Sec. 754. Environmental assessment
This section authorizes the President to conduct a
comprehensive environmental assessment in the region to
determine the most severe environmental problems threatening
human health, which countries have them, and whether there is a
market for the U.S. environmental industry in the region.
Sec. 755. Establishment of American technology centers
This section authorizes the President to establish
Technology America Centers (TEAMs) in the region to link the
U.S. environmental technology industry with local partners by
providing logistic and information support to U.S. firms
seeking opportunities for environmental projects.
Sec. 756. Promotion of water quality, water treatment systems, and
energy efficiency
This section authorizes the President to provide matching
grants to U.S. associations and nonprofits for the purpose of
promoting water quality, water treatment and energy efficiency
in the region. These grants shall be used to support
professional exchanges, academic fellowships, training
programs, development of local chapters of associations or
nonprofits, and online exchanges.
Sec. 757. Grants for feasibility studies within a designated subregion
This section authorizes 80/20 matching grants, through the
Trade and Development Agency, for ``prefeasibility studies''
for water projects within a subregion or an individual country
of the Latin America/Caribbean region. These grants would
provide potential investors in environmental projects,
primarily water projects such as water treatment plants, a
``jump-start'' in getting these projects off the ground.
Sec. 758. Clean Water Technical Support Committee
This section authorizes the President to establish a Clean
Water Technical Support Committee to provide technical support
for water projects in the region.
Sec. 759. Authorization of appropriations
This section authorizes appropriations of $10 million for
each of the next three fiscal years beginning with FY 2002.
Sec. 760. Report
This section mandates a report to the appropriate
Congressional committees within two years of enactment
containing an assessment of the progress made in this program
and any recommendations for legislative changes.
Sec. 761. Termination date
This section terminates the authorities provided by this
title in three years after the establishment of the program,
unless the President certifies that it would be in the national
interest to maintain the program for an additional two year
period.
Sec. 762. Effective date
This section sets the effective date of this subtitle as 90
days after the date of enactment.
Subtitle F--Other Matters
Sec. 771. Amendments to the International Religious Freedom Act of 1998
This section makes revisions to the International Religious
Freedom Act of 1998 related to the Commission on International
Religious Freedom created by the Act. The provision extends the
sunset for the Commission from May 14, 2003 to September 30,
2005. It authorizes $3 million in appropriations for the
Commission for each of FY 2002 through 2005. It alters the date
of the Commission Chair's election to permit him or her to
remain in place through the date the Commission's annual report
must be released. Finally, it establishes that a Commissioner
selected to fill a vacancy is appointed only for the period
remaining in the term of a Commissioner creating a vacancy.
Subsection (e) amends the reporting requirement in the
International Religious Freedom Act of 1998 to include
information on the use of sect filters as a violation of
religious freedom. The Department of State defines ``sect
filters'' as required declarations that a person or company is
not affiliated with a particular religious group. State
Department and U. S. Trade Representative (USTR) officials have
discussed with European officials the concerns of the United
States about the violation of individual rights posed by sect
filters.
At all levels of government in several European countries,
there are procurement laws and practices in place which
effectively forbid American businesses from being able to
participate in any governmental procurement of goods and
services due to their employee's religious affiliation. These
laws and practices are in violation of obligations assumed by
these countries under the World Trade Organization (WTO)
Agreement on Government Procurement. For example, Microsoft
faced a governmental ban of its Windows 2000 software in
Germany because a component of the software was supplied by an
American company, Executive Software, whose CEO is a
Scientologist.
In view of such laws and practices, the Committee is
requiring the Department of State to provide information on the
use of sect filters in its annual report on religious freedom.
Sec. 772. Extension of authority for Caucus on International Narcotics
Control
This section extends the authorization of the Senate Caucus
on International Narcotics Control for three additional years.
Sec. 773. Human Rights and Democracy Fund
This section establishes a Human Rights and Democracy Fund
to be administered by the Assistant Secretary of State for
Democracy, Human Rights, and Labor; outlines the purposes for
which it is to be used; and authorizes appropriations for the
fund for each of the FY 2002 and 2003. The Committee notes that
this fund was originally created administratively by former
Assistant Secretary of State for Human Rights John Shattuck to
respond to unanticipated human rights emergencies and sudden
democratization opportunities. Section 773 gives the Fund a
statutory basis.
Subsection (c) authorizes appropriations of $20 million for
each of FY 2002 and 2003 for the Fund. This represents an
increase of $7 million over the administration's FY 2002
request for the Fund. The Committee has substantially increased
the authorization level of the Fund because in previous years
the resources of the Fund were quickly exhausted by the demand.
Of the $20 million authorized for the Fund, $1 million is
authorized in each of FY 2002 and 2003 for the Documentation
Center of Cambodia, in order to continue its efforts to
collect, catalogue and disseminate information about Khmer
Rouge atrocities against the Cambodian people. In addition,
$500,000 has been authorized for each of the two fiscal years
for a new fund to advance the work of the late Father John
Kaiser, a Catholic missionary who worked relentlessly for over
thirty years in Kenya, in the areas of human rights, social
justice, ethnic conflict resolution, and government
accountability. It is the intent of the Committee to work with
the Assistant Secretary of State for Democracy, Human Rights,
and Labor on the appropriate mission, guidelines and funding
levels for the Father Kaiser memorial fund to ensure that it
advances overall U.S. efforts to promote democracy and human
rights. It is not the intent of the Committee to limit the use
of the funds to activities or programs in Kenya but rather to
allow them to be used as needed worldwide.
The Committee recognizes that there are other projects and
programs which make significant contributions to the promotion
and protection of human rights and democracy. For example,
Women's Campaign International is providing political training
to women in developing nations around the world. The Center for
Civic Education has recently initiated a program to translate
and publish in China books and materials about American
institutions, governance and rule of law. The Committee urges
the Assistant Secretary to consider providing assistance to
these programs in areas where they support the work of the
Bureau.
Sec. 774. Reports on actions taken by the United States to encourage
respect for human rights
This section requires the Department of State to include
information in the annual country reports on Human Rights on
the steps the United States has taken or will take to encourage
an end to the use of extrajudicial killings, torture or other
serious human rights violations in countries that engage in
such practices.
Sec. 775. Program to improve building construction and practices in
Latin American countries
This section authorizes the President to carry out a
program to improve building codes and practices in Latin
America by translating American building and life safety codes
into Spanish, and training architects and contractors in Latin
American countries such as El Salvador and Ecuador in the
proper use of the codes in order to limit the economic and
human costs of future natural disasters in the region.
The Committee notes that representatives of the code
community familiar with the needs of Latin America have
determined that a code related to the construction of buildings
should be translated as soon as possible. An appropriate fire
code should be translated shortly thereafter. In addition, the
training portion of this program should be implemented as soon
as appropriate translations are available. The International
Code Council has played an invaluable role in bringing this
issue to the Committee's attention.
While El Salvador and Ecuador are initial candidates for
the training portion of this program, it can be extended to
other Latin American countries at a fairly low cost, requiring
only continued funding for the training. American volunteer
organizations such as the International Executive Service Corps
can make invaluable contributions to this program in the long-
run, and the Committee urges the State Department to explore
the possibility of working with this and other groups.
Sec. 776. Support for accountability of persons responsible for
committing war crimes and other human rights abuses in Sierra
Leone
This section authorizes appropriations of $5 million in
each of FY 2002 and 2003 for assistance to the Special Court
for Sierra Leone to try individuals most responsible for war
crimes in Sierra Leone.
The Committee recognizes that efforts to hold accountable
those responsible for human rights abuses in Sierra Leone are
critical to West Africa's prospects for lasting peace and
stability and strongly supports voluntary contributions to the
Special Court for Sierra Leone at the authorized funding
levels.
Sec. 777. Transfer of proscribed weapons to persons or entities in the
West Bank and Gaza
This section requires that the President, upon receiving
evidence that proscribed weapons have been transferred
knowingly by a person or entity to Palestinian entities in the
West Bank or Gaza, weigh that evidence. If a preponderance of
the evidence indicates such a transfer took place with the
knowledge of the person or entity making the transfer, the
President shall so determine and notify the appropriate
congressional Committees. That person or entity will be subject
to a ban on assistance under Part II of the Foreign Assistance
Act of 1961 and sales of defense articles or defense services
under Section 23 of the Arms Export Control Act. Those
sanctions date from the notification to Congress for a period
of two years.
Finally, the President is required to report to the
appropriate congressional Committees on transfers reviewed
pursuant to this section. That report shall be submitted in
conjunction with the report required under Title VIII of P.L.
101-246 (the PLO Commitments Compliance Act).
The Committee is concerned that notwithstanding agreements
to limit the numbers and types of weapons flowing to areas
under the control of the Palestinian Authority, there is
significant traffic in proscribed weapons to Palestinian
entities. The types and numbers of weapons authorized to be
held by Palestinian security forces are clearly defined in the
Agreement on the Gaza Strip and the Jericho Area of May 4,
1994, its annexes, and subsequent agreements between Israel and
the PLO, and are defined as such in this section.
Sec. 778. Sense of Congress relating to global warming
This section expresses the sense of Congress regarding
global climate change negotiations.
Sec. 779. Sense of Congress relating to environmental contamination and
other adverse health effects in the Philippines emanating from
former U.S. military facilities
This section expresses the sense of Congress that the U.S.
government should identify and share with the Government of the
Philippines all relevant data about the environmental and
health effects from contamination in and around former U.S.
military facilities in the Philippines. It also expresses the
belief that the U.S. Government should work closely with non-
governmental organizations in studying the environmental and
health effects emanating from the former U.S. military
facilities in the Philippines.
Sec. 780. Sense of Congress on Bolivia
This section expresses the sense of Congress with respect
to Bolivia's successful program to eradicate coca production.
It also states that United States assistance to Bolivia in FY
2002 should not be less than the levels provided Bolivia in FY
2001, in recognition of the economic sacrifices involved in
Bolivia's drug eradication program.
Sec. 781. Sense of Congress on return of portraits of Holocaust victims
to the artist Dina Babbitt
This section expresses the sense of the Congress that the
President and Secretary of State should make all efforts
necessary to retrieve the original seven watercolor portraits
painted by Dina Babbitt that are held by the Auschwitz-Birkenau
State Museum. It further urges the Government of Poland and
officials of the Auschwitz-Birkenau Museum to return the
portraits as expeditiously as possible.
Dina Babbitt suffered a 1\1/2\-year-long internment at the
Auschwitz concentration camp during World War II and was
ordered by Dr. Joseph Mengele to paint watercolor portraits of
doomed inmates. The Committee views Dina Babbitt as the
rightful owner of the seven watercolor portraits and believes
that cooperative efforts between agencies of the United States
and Poland can help facilitate the return of the artwork to
Dina Babbitt.
V. Cost Estimate
In accordance with rule XXVI, paragraph 11(a) of the
Standing Rules of the Senate, the Committee provides the
following estimate of the cost of this legislation prepared by
the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 21, 2001.
Hon. Joseph R. Biden, Jr., Chairman,
U.S. Senate,
Committee on Foreign Relations,
Washington, DC.
Dear Mr. Chairman:
The Congressional Budget Office has prepared the enclosed
cost estimate for 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.
Sincerely,
Dan L. Crippen, Director.
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
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 $17.3 billion over the
2002-2006 period.
CBO estimates that enacting the legislation would increase
direct spending by $835 million in 2002 and by $893 million
over the 2002-2006 period, and also would increase revenues by
$5 million over the same period. Because the bill would affect
direct spending and receipts, pay-as-you-go procedures would
apply.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments.
Estimated Cost to the Federal Government
The estimated budgetary impact of the bill is shown in the
following table. The costs of this legislation fall within
budget functions 150 (international affairs), 300 (natural
resources and environment), 600 (income security), and 800
(general government).
----------------------------------------------------------------------------------------------------------------
By Fiscal Year, in Millions of Dollars
-----------------------------------------------------------------------
2001 2002 2003 2004 2005 2006
----------------------------------------------------------------------------------------------------------------
Spending Subject to Appropriation
Spending Under Current Law:
Budget Authority \1\.................. 6,974 0 0 0 0 0
Estimated Outlays..................... 6,686 1,472 677 282 73 2
Proposed Changes:
Estimated Authorization Level......... 0 8,653 9,107 16 6 3
Estimated Outlays..................... 0 6,612 7,978 1,716 755 288
Spending Under the Bill:
Estimated Authorization Level \1\..... 6,974 8,653 9,107 16 6 3
Estimated Outlays..................... 6,686 8,084 8,655 1,998 827 290
Changes in Direct Spending
Estimated Budget Authority.............. 0 9 14 14 15 15
Estimated Outlays....................... 0 835 14 14 15 15
Changes in Revenues
Estimated Revenues...................... 01 1 1 1 1 1
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the amount appropriated for that year for the various foreign relations programs
authorized by the bill.
Basis of Estimates
Most of the bill's budgetary impact would stem from
authorizations for current programs administered by the
Department of State and related agencies. In addition, some of
the bill's provisions would affect direct spending and
revenues.
Spending Subject to Appropriation.--This estimate assumes
the legislation will be enacted by October 1, 2001. CBO also
assumes that the authorized amounts will be appropriated by the
start of each fiscal year and that outlays will follow
historical spending patterns for the affected programs.
CBO estimates that implementing the bill would cost $17.3
billion over the 2002-2006 period, assuming appropriation of
the authorized amounts. The bill would authorize appropriations
for programs administered by the Department of State and
related agencies. In 2001, these programs received
appropriations of almost $7 billion and the bill would
reauthorize them at higher levels--$8.6 billion for FY 2002 and
$9.1 billion for 2003. The programs authorized by the bill
include administration of foreign affairs, educational and
cultural exchanges, international broadcasting, migration and
refugee assistance, and contributions to international
organizations and peacekeeping. In addition, the bill contains
other provisions with potential discretionary costs, as
described below.
Title VII.--Title VII would address specific regional
issues or authorize appropriations for new assistance programs.
East Timor. Sections 731 through 739, the East Timor
Transition to Independence Act of 2001, would authorize the
appropriation of $25 million for development assistance to East
Timor in 2002 and 2003. It also would authorize assistance from
other U.S. agencies which CBO estimates would cost less than
$500,000 a year, assuming the availability of appropriated
funds.
Clean Water. The Clean Water for the Americas Partnership
Act of 2001 (sections 751 through 762 of this bill) would
authorize the appropriation of $10 million a year in 2002,
2003, and 2004 for a new program to promote the export of U.S.
goods and technology to address environmental problems in Latin
America, especially water quality and energy efficiency. The
bill would authorize the Foreign Commercial Service of the
Department of Commerce to open technology centers throughout
Latin America to link environmental technology firms in the
United States with local organizations in Latin America and
would authorize the Trade and Development Agency to provide
grants for pre-feasability studies for water projects. CBO
assumes the authorized amounts would be split between the two
agencies.
Middle East. The Middle East Peace Commitments Act of 2001
(sections 701 through 704 of this bill) would require the
President to report on whether the Palestinian Authority and
Palestinian Liberation Organization are complying with their
commitments to peace with Israel and to impose a set of
sanctions against those two organizations, or their constituent
parts, if he finds they have not. Because the listed sanctions
may be waived by the President and would exempt humanitarian
assistance, CBO estimates the provisions would have no
significant budgetary effects.
Tibet. Subtitle B of title VII, the Tibetan Policy Act of
2001, would set policy guidelines for United States' efforts to
preserve the distinct identity of the Tibetan people and would
require the President to report on those efforts. Because
subtitle B would not expand existing authorities, CBO estimates
implementing it would have no significant costs.
Reform of Certification Procedures Applicable to Certain
Drug Producing or Trafficking Countries. Section 742 would
modify, for a three-year period, procedures for providing
bilateral assistance to countries that are known to be heavily
involved in narcotics trafficking and that have not taken
significant steps to curb such trafficking as outlined in
international agreements. Nations identified under those
requirements would be ineligible for aid from the United States
unless the President determines that the aid is vital to the
national interests of the United States or the country is
making substantial efforts to adhere to its international
agreements. The new procedures would replace the current
practice of delaying obligations and conducting a Congressional
review of Presidential deteminations before funds are released.
CBO estimates that this provision would result in no
significant budgetary effect because the provision would not
alter the amount of bilateral assistance provided to affected
countries.
Other Provisions. In addition, title VII includes several
other provisions that would affect spending subject to
appropriation.
Section 771 would extend the authority of the
International Religious Freedom Act through 2005 and
authorize appropriations of $3 million each year in
2002 through 2005 for the expenses of the commission
created by that act.
Section 772 would extend the authority of the United
States Senate Caucus on International Narcotics Control
from 2002 through 2005 and would authorize
appropriations of $370,000 each year for that purpose.
Section 773 would authorize appropriations of $20
million a year in 2002 and 2003 for a Human Rights and
Democracy Fund.
Section 775 would authorize assistance to improve
building construction practices in Latin America but
does not specify the amount of money allocated for this
activity. Based on information from the U.S. Agency for
International Development (USAID), CBO estimates that
the program would be implemented through grants from
the USAID with a funding level of $2 million each year.
Retirement Provision.--Two sections of the bill would
affect retirement benefits for certain federal workers. Section
320 would provide federal retirement credit to individuals who
served abroad between December 31, 1988, and May 24, 1998, in
temporary assignments where credit was not originally awarded
under the Foreign Service retirement system or the retirement
system for other federal workers. This provision would allow
these employees to have any such service credited to the
Federal Employee Retirement System (FERS). Workers who choose
to have this service credited to FERS must make a payment into
the Civil Service Retirement and Disability Fund (CSRDF) equal
to the amount the worker would have paid into the fund (plus
interest) as if the service had originally been credited under
FERS. The employing agency would also be required to make a
similar payment. According to the State Department, about 300
individuals would take service credits under this provision.
CBO estimates that under section 320, federal agencies would
have to make payments totaling $2 million into the CSRDF in
2002, with only negligible payments in subsequent years.
Section 321 would change the computation of retirement
benefits for members of the Foreign Service who have served in
overseas stations. For the purposes of calculating retirement
benefits, salary and wages for service served overseas would be
treated as if the worker's salary and wages were subject to
locality-based pay adjustments for Washington, DC during that
time. In addition, the percentage of pay that both employees
and the agency make into the Foreign Service Retirement and
Disability Fund (FSRDF) would be increased. CBO estimates that
agency payments into the FSRDF would increase by $2 million in
2002 and by $24 million over the 2002-2011 period.
Payments made by agencies into the CSRDF and the FSRDF come
from appropriated funds. The bill's retirement provisions would
also affect revenues and direct spending (as described later).
Reporting Requirements.--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.
Indefinite Authorizations.--Section 103(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 additional costs
associated with currency fluctuations.
Section 223 would establish an advisory committee on
cultural diplomacy and authorize such sums as may be necessary
for its operation. CBO estimates this provision would cost less
than $500,000 a year over the 2002-2005 period.
Section 502 would authorize such sums as may be necessary
for additional international broadcasting activities during
crises abroad. The provision would restrict such amounts to a
maximum of $10 million. CBO has no basis for estimating the
need for such emergency broadcasting services; therefore, this
estimate includes no costs for the provision.
Direct Spending and Revenues
CBO estimates that the bill would increase direct spending
by $835 million in 2002 and $893 million over the 2002-2006
period.
Payment of United Nations Arrears.--Sections 401 and 402
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 $826 million in 2002
that cannot be released under current law. (This estimate
assumes that the bill is enacted near the start of FY 2002. If
the bill were enacted by mid-September, CBO estimates that $582
million would be released in FY 2001 and that the remaining
$244 million would be released in 2002.)
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 also would
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.
Consular Fees.--Section 214 would amend current law
pertaining to fees for international adoptions and affidavits
of support (which are required documents in certain immigration
cases). Under current law, the spending of these fees is
subject to appropriation. By removing this restriction, the
bill would raise direct spending by $9 million in 2002 and $14
million a year in subsequent years.
Virtual Locality Pay for Foreign Service Personnel.--
Section 321 would change the computation of retirement benefits
for members of the Foreign Service who have served in overseas
stations. For the purposes of calculating retirement benefits,
salary and wages for service provided outside the United States
would be treated as if the worker's salary and wages were
subject to locality-based pay adjustments for Washington, DC
during that time.
In addition, the percentage of pay that both employees and
the agency make into the Foreign Service Retirement and
Disability Fund would be increased. CBO estimates that about
150 new retirees each year would be affected by this provision,
and payments made by employees into the fund would increase by
$1 million a year between 2002 and 2011. Those payments are
recorded in the budget as revenues.
Finally, CBO projects that retirement benefits paid from
the FSRDF would increase by less than $500,000 in 2002 and by a
total of $16 million over the 2002-2011 period. Such payments
from the fund constitute direct spending.
Fees for Machine-Readable Visas.--Section 231 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.
Miscellaneous Provisions.--Several provisions in the bill
would have little or no effect on direct spending or revenues.
Reimbursements for Emergency Overseas Evacuation.--Section
201 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, this section of the bill codifies
existing practice and would have no impact on the budget
Reimbursements for International Litigation Fund.--Section
204 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, CBO estimates that it
would collect and spend less than $1 million a year.
International Boundary and Water Commission.--Section 213
would allow the International Boundary and Water Commission to
receive and spend funds from the North American Development
Bank for its ongoing activities on the land and water boundary
between the United States and Mexico. The provision would thus
have no net budgetary impact.
Lower Consular Fees.--Section 232 would prohibit the State
Department from charging consular fees for notarial acts or
authentications related to international adoptions. Based on
information from the department, CBO estimates this provision
would lower collections by less than $500,000 a year.
Reimbursements for Training Services.--Section 317 would
permanently extend a pilot program to provide training and
related services on a reimbursable basis. CBO estimates the
department would collect and spend less than $500,000 a year.
Retirement Credit for Overseas Service.--Section 320 would
provide federal retirement credit to individuals who served
abroad between December 31, 1988, and May 24, 1998, in
temporary assignments where credit was not originally awarded
under the Foreign Service retirement system or the retirement
system for other federal workers. This provision would allow
these employees to have any such service credited to Federal
Employee Retirement System. Workers who choose to have this
service credited to FERS must make a payment into the Civil
Service Retirement and Disability Fund equal to the amount the
worker would have paid into the fund (plus interest) if the
service had originally been credited under FERS. According to
the State Department, about 300 individuals would take service
credits under this provision. CBO estimates that all employee
payments into the CSRDF would increase revenues by less than
$500,000 a year. The increase in mandatory benefit payments
from the CSRDF to these individuals would also be less than
$500,000 a 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 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
Changes in outlays.............................................. 0 835 14 14 15 15 15 16 17 17 18
Changes in receipts............................................. 0 1 1 1 1 1 1 1 1 1 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and Private-Sector Impact
The bill contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on State,
local, or tribal governments.
Previous CBO Estimates
On May 10, 2001, CBO prepared a cost estimate for S. 219,
as ordered reported by the Senate Committee on Foreign
Relations on April 5, 2001. Section 742 of the bill is similar
to S. 219, and their costs are identical.
On May 4, 2001, CBO prepared a cost estimate for H.R. 1646,
as ordered reported by the House Committee on International
Relations on May 2, 2001. H.R. 1646 contains several provisions
that are similar to those in the bill. CBO estimated that H.R.
1646 would raise spending subject to appropriation by $16.2
billion over the 2002-2006 period and direct spending by $726
million over the 2001-2006 period.
On February 13, 2001, CBO prepared a cost estimate for S.
248, as passed by the Senate on February 7, 2001. That act
would have released arrearage payments of $582 million in 2001.
Section 401 of the bill is identical to S. 248, but CBO now
estimates these funds would likely be released in 2002 instead
of 2001.
Estimate prepared by: State Department, Sunita D'Monte.
Development and Security Assistance, Joseph C. Whitehill.
Retirement, Geoffrey Gerhardt. Impact on State, Local, and
Tribal Governments, Elyse Goldman. Impact on the Private
Sector, Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
VI. Evaluation of Regulatory Impact
In accordance with rule XXVI, paragraph 11(b) of the
Standing Rules of the Senate, the Committee has concluded that
there is no regulatory impact from this legislation.
VII. Changes in Existing Law
In compliance with Rule XXVI, paragraph 12 of the Standing
Rules of the Senate, 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
italic, existing law in which no change is proposed is shown in
roman):
The State Department
Basic Authorities Act of 1956
* * * * * * *
TITLE I--BASIC AUTHORITIES GENERALLY
organization of the department of state
SECTION 1.
(a) Secretary of State.--
(1) The Department of State shall be administered, in
accordance with this Act and other provisions of law,
under the supervision and direction of the Secretary of
State (hereinafter referred to as the ``Secretary'').
(2) The Secretary[, the Deputy Secretary of State,
and the Deputy Secretary of State for Management and
Resources] and the Deputy Secretary of State shall be
appointed by the President, by and with the advice and
consent of the Senate.
* * * * * * *
SEC. 4.
(a) The Secretary of State is authorized to--
(1) * * *
* * * * * * *
(b)(1) Expenditures described under subsection (a) shall be
made only for such activities as--
(A) * * *
* * * * * * *
(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;
* * * * * * *
SEC. 15.
(a) * * *
(b) * * *
(c)(1) Whenever a provision of law expresses an earmark or
minimum funding requirement with respect to an amount or
amounts authorized to be appropriated to the Department of
State, the provision shall apply to appropriations made
pursuant to that authority unless the provision is specifically
superseded, modified, stricken, or repealed by an Act enacted
after the date of enactment of the provision of law expressing
the earmark or requirement.
(2) In this subsection, the term ``earmark'' means a sum
that is available only for a particular purpose, country,
program, project, or activity.
* * * * * * *
SEC. 23.
(a) Agreements.--Whenever the head of any Federal agency
performing any foreign affairs functions (including, but not
limited to, the Department of State, the [Broadcasting Board of
Governors] United States International Broadcasting Agency and
the Agency for International Development) determines that
administrative services performed in common by the Department
of State and one or more other such agencies may be performed
more advantageously and more economically on a consolidated
basis, the Secretary of State and the heads of the other
agencies concerned may, subject to the approval of the Director
of the Office of Management and Budget, conclude an agreement
which provides for the transfer to and consolidation within the
Department or within one of the other agencies concerned of so
much of the functions, personnel, property, records, and funds
of the Department and of the other agencies concerned as may be
necessary to enable the performance of those administrative
services on a consolidated basis for the benefit of all
agencies concerned. Agreements for consolidation of
administrative services under this section shall provide for
reimbursement or advances of funds from the agency receiving
the service to the agency performing the service in amounts
which will approximate the expense of providing administrative
services for the serviced agency.
* * * * * * *
SEC. 25.
(a) * * *
* * * * * * *
(e) * * *
(f) The authorities available to the Secretary of State
under this section with respect to the Department of State
shall be available to the [Broadcasting Board of Governors]
United States International Broadcasting Agency and the
Administrator of the Agency for International Development with
respect to [the Board and the Agency] their respective
agencies.
* * * * * * *
SEC. 26.
(a) * * *
(b) The authority available to the Secretary of State under
this section shall be available to the [Broadcasting Board of
Governors] United States International Broadcasting Agency, and
the Administrator of the Agency for International Development
with respect to [the Board and the Agency] their respective
agencies.
* * * * * * *
SEC. 32.
The Secretary of State may pay, without regard to section
5702 of title 5, United States Code, subsistence expenses of
(1) special agents of the Department of State who are on
authorized protective missions, and (2) members of the Foreign
Service and employees of the Department who are required to
spend extraordinary amounts of time in travel status. The
authorities available to the Secretary of State under this
section with respect to the Department of State shall be
available to the [Broadcasting Board of Governors] United
States International Broadcasting Agency and the Administrator
of the Agency for International Development with respect to
their respective agencies, except that the authority of clause
(2) shall be available with respect to those agencies only in
the case of members of the Foreign Service and employees of the
agency who are performing security-related functions abroad.
* * * * * * *
SEC. 36A. AWARD OF [FOREIGN SERVICE STAR] THOMAS JEFFERSON STAR FOR
FOREIGN SERVICE.
(a) Authority to Award.--The President, upon the
recommendation of the Secretary, may award a [Foreign Service
star] Thomas Jefferson Star for Foreign Service 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) * * *
(2) * * *
(3) * * *
(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 for
Foreign Service 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 for
Foreign Service 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 for
Foreign Service. 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 for Foreign
Service 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.
* * * * * * *
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) * * *
[(2) For the purpose of conducting such
investigation--
[(A) obtain and execute search and arrest
warrants,
[(B) make arrests without warrant for any
offense concerning passport or visa issuance or
use of the special agent has reasonable grounds
to believe that the person has committed or is
committing such offense, and
[(C) obtain and serve subpoenas and summonses
issued under the authority of the United
States;]
(2) obtain and execute search and arrest warrants, as
well as obtain and serve subpoenas and summonses issued
under the authority of the United States;
(3) protect and perform protective functions directly
related to maintaining the security and safety of--
(A) * * *
* * * * * * *
(E) * * *
(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.
* * * * * * *
[(5) arrest without warrant any person for a
violation of section 111, 112, 351, 970, or 1028 , of
title 18, United States Code--
[(A) in the case of a felony violation, if
the special agent has reasonable grounds to
believe that such person--
[(i) has committed or is committing
such violation; and
[(ii) is in or is fleeing from the
immediate area of such violation; and
[(B) in the case of a felony or misdemeanor
violation, if the violation is committed in the
presence of the special agent.]
(5) make arrests without warrant for any offense
against the United States committed in their presence,
or for any felony cognizable under the laws of the
United States if they have reasonable grounds to
believe that the person to be arrested has committed or
is committing such felony.
* * * * * * *
expenses relating to participation in arbitrations of certain disputes
SEC. 38.
* * * * * * *
(d) International Litigation Fund.--
* * * * * * *
(e) Retention of Funds.--
(1) In general.--To reimburse the expenses of the
United States Government in preparing or prosecuting a
proceeding before an international tribunal, or a claim
against a foreign government or other foreign entity,
the Department of State shall retain 1.5 percent of any
amount of $5,000,000 or less, and one percent of any
amount of more than $5,000,000, awarded per proceeding
or 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).
* * * * * * *
denial of visas
SEC. 51.
(a) Report to Congress.--(1) Denial of visas._The Secretary
shall report, on a timely basis, to the appropriate committees
of the Congress each time a consular post denies a visa on the
grounds of terrorist activities or foreign policy. Such report
shall set forth the name and nationality of each such person
and a factual statement of the basis for such denial.
(2) Visa issuance to inadmissible aliens.--The Secretary
shall, on a semiannual basis, submit to the appropriate
committees of Congress a report describing every instance
during the period covered by the report in which a consular
post or the Visa Office of the Department of State issued an
immigrant or nonimmigrant visa to an alien who is inadmissible
to the United States based upon terrorist activity or failed to
object to the issuance of an immigrant or nonimmigrant visa to
an alien notwithstanding any such ground of inadmissibility.
The report shall set forth the name and nationality of the
alien, the issuing post, and a brief factual statement of the
basis for issuance of the visa or the failure to object. The
report may be transmitted in classified or unclassified form.
* * * * * * *
SEC. 404. DECLASSIFICATION OF STATE DEPARTMENT RECORDS.
(a) Deadline for Declassification.--
* * * * * * *
(d) [Reporting Requirement] Annual Reports by the Advisory
Committee.--The Advisory Committee shall annually submit to the
Secretary of State and to the Committee on Foreign Relations of
the Senate and the Committee on International Relations of the
House of Representatives a report setting forth its findings
from the review conducted under subsection (c).
[(e) Report to Congress.--Not later than 180 days after the
date of the enactment of this title, the Secretary of State
shall prepare and submit a written report to the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate on factors
relevant to compliance with this section, and the procedures to
be used for implementing the requirements of this section.]
(e) Annual Reports by the Secretary of State.--Not later than
March 1 of each year, the Secretary of State shall submit a
report to the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of
Representatives on the compliance of the Department of State
with the provisions of this title, including--
(1) the volumes published in the previous calendar
year;
(2) the degree to which the Department is not in
compliance with the deadline set forth in section
401(c); and
(3) the factors relevant to the inability of the
Department to comply with the provisions of this title,
including section 401(c).
* * * * * * *
The Foreign Service Act of 1980
* * * * * * *
SEC. 202. OTHER AGENCIES UTILIZING THE FOREIGN SERVICE PERSONNEL
SYSTEM.
(a)(1) The [Broadcasting Board of Governors] United States
International Broadcasting Agency and the Administrator of the
Agency for International Development may utilize the Foreign
Service personnel system with respect to their respective
agencies in accordance with this Act.
* * * * * * *
SEC. 207. CHIEF OF MISSION.
(a) Under the direction of the President, the chief of
mission to a foreign country--
(1) shall have full responsibility for the direction,
coordination, and supervision of all Government
executive branch employees in that country (except for
Voice of America correspondents on official assignment
and employees under the command of a United States area
military commander); and
(2) shall keep fully and currently informed with
respect to all activities and operations of the
Government within that country, and shall insure that
all Government executive branch employees in that
country (except for Voice of America correspondents on
official assignment and employees under the command of
a United States area military commander) comply fully
with all applicable directives of the chief of mission.
(b) Any executive branch agency having employees in a
foreign country shall keep the chief of mission to that country
fully and currently informed with respect to all activities and
operations of its employees in that country, and shall insure
that all of its employees in that country (except for Voice of
America correspondents on official assignment and employees
under the command of a United States area military commander)
comply fully with all applicable directives of the chief of
mission.
(c) Each chief of mission to a foreign country shall have
as a principal duty the promotion of United States goods and
services for export to such country.
* * * * * * *
SEC. 210. BOARD OF THE FOREIGN SERVICE.
The President shall establish a Board of the Foreign
Service to advise the Secretary of State on matters relating to
the Service, including furtherance of the objectives of maximum
compatibility among agencies authorized by law to utilize the
Foreign Service personnel system and compatibility between the
Foreign Service personnel system and the other personnel
systems of the Government. The Board of the Foreign Service
shall be chaired by an individual appointed by the President
and shall include one or more representatives of the Department
of State, the [Broadcasting Board of Governors] United States
International Broadcasting Agency, the Agency for International
Development, the Department of Agriculture, the Department of
Commerce, the Department of Labor, the Office of Personnel
Management, the Office of Management and Budget, the Equal
Employment Opportunity Commission, and such other agencies as
the President may designate.
* * * * * * *
SEC. 405. PERFORMANCE PAY.
(a) * * *
* * * * * * *
(b) * * *
(1) * * *
(2) * * *
(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 basic pay established
under section 4507(e)(1) of title 5, United States
Code, for a Meritorious Executive, except that payments
of the percentage of the basic pay established under
section 4507(e)(2) of such title for Distinguished
Executives may be made in any fiscal year to up to 1
percent of the members of the Senior Foreign Service.
* * * * * * *
SEC. 610. SEPARATION FOR CAUSE.
(a)(1) The Secretary may decide to separate any member from
the Service for such cause as will promote the efficiency of
the Service.
[(2) Except in the case of an individual who has been
convicted of a crime for which a sentence of imprisonment of
more than 1 year may be imposed, a member of the Service (other
than a United States citizen employed under section 311 and who
is not a family member) who is a member of the Senior Foreign
Service or is assigned to a salary class in the Foreign Service
Schedule and who either (A) is serving under a career
appointment, or (B) if separation is to be by reason of
misconduct, is serving under a limited appointment, shall not
be separated from the Service under this section until the
member has been granted a hearing before the Foreign Service
Grievance Board and the cause for separation established at
such hearing, unless the member waives in writing the right to
a hearing or, notwithstanding section 1106(8) of this Act,
unless the member has been convicted of a crime related to the
cause for separation, subject to reinstatement with back pay
(for any period during which separation for cause had not been
established by such a hearing) if such conviction is reversed
on appeal. If such cause is not established at such hearing,
the Grievance Board shall have the authority to direct the
Department to pay reasonable attorneys fees to the extent and
in the manner provided by section 1107(b)(5) of this Act. The
hearing provided under this paragraph shall be in accordance
with the hearing procedures applicable to grievances under
section 1106 and shall be in lieu of any other administrative
procedure authorized or required by this or any other law.
Section 1110 shall apply to proceedings under this paragraph.
[(3) Notwithstanding the hearing required by this section,
or procedures under any other provision of law, where a member
has been convicted of a crime for which a sentence of
imprisonment may be imposed, and there is a nexus to the
efficiency of the Service, the Secretary, or his designee, may
suspend such member without pay pending final resolution of the
underlying matter, subject to reinstatement with back pay if
cause for separation is not established in a hearing before the
Board.
[(4) Any member suspended pursuant to subsection (a)(3) of
this section shall be entitled to--
[(A) advance written notice of the specific reasons
for such suspension;
[(B) a reasonable time, not less than seven days, to
answer orally and in writing;
[(C) be represented by an attorney or other
representative; and
[(D) a final written decision.
[(5) Any member suspended pursuant to subsection (a)(3) of
this section shall be entitled to grieve such action in
accordance with procedures applicable to grievances under
chapter 11. The Board review, however, shall be limited only to
a determination of whether the conviction requirements of
subsection (a)(3) have been fulfilled, and whether there is a
nexus between the conduct and the efficiency of the Service.
[(6) Notwithstanding the hearing required by paragraph (2),
at the time the Secretary recommends that a member of the
Service be separated for cause, that member shall be placed on
leave without pay pending final resolution of the underlying
matter, subject to reinstatement with back pay if cause for
separation is not established in a hearing before the Board.
[(b) Any participant in the Foreign Service Retirement and
Disability System who is separated under subsection (a) shall
be entitled to receive a refund as provided in section 815 of
the contributions made by the participant to the Foreign
Service Retirement and Disability Fund. Except in cases where
the Secretary determines that separation was based in whole or
in part on the ground of disloyalty to the United States, a
participant who has at least 5 years of service credit toward
retirement under the Foreign Service Retirement and Disability
System (excluding military and naval service) may elect, in
lieu of such refund, to an annuity, computed under section 806,
commencing at age 60.]
(2)(A) Except as provided in subparagraph (B), whenever the
Secretary decides under paragraph (1) to separate, on the basis
of misconduct, any member of the Service (other than a United
States citizen employed under section 311 of the Foreign
Service Act of 1980 who is not a family member) who either--
(i) is serving under a career appointment; or
(ii) is serving under a limited appointment,
the member may not be separated from the Service until the
member receives a hearing before the Foreign Service Grievance
Board and the Board decides that cause for separation has been
established, unless the member waives, in writing, the right to
such a hearing, or the member's appointment has expired,
whichever is sooner.
(B) The right to a hearing in subparagraph (A) does not apply
in the case of an individual who has been convicted of a crime
for which a sentence of imprisonment of more than one year may
be imposed.
(3) If the Board decides that cause for separation has not
been established, the Board may direct the Department to pay
reasonable attorneys fees to the extent and in the manner
provided by section 1107(b)(5). The hearing provided under this
paragraph shall be conducted in accordance with the hearing
procedures applicable to grievances under section 1106 and
shall be in lieu of any other administrative procedure
authorized or required by this or any other Act. Section 1110
shall apply to proceedings under this paragraph.
(4) Notwithstanding the hearing required by paragraph (2), at
the time that the Secretary decides to separate a member of the
Service for cause, the member shall be placed on leave without
pay. If the member does not waive the right to a hearing, and
the Board decides that cause for separation has not been
established, the member shall be reinstated with back pay.
SEC. 805.
(a) Rates and sources; deposits in Fund.
(1) Except as otherwise provided in this section, [7]
7.25 percent of the basic salary received by each
participant shall be deducted from the salary and
contributed to the Fund for the payment of annuities,
cash benefits, refunds, and allowances. [An equal
amount shall be contributed by the Department] The
contribution by the employing agency shall be a
percentage of basic salary equal to the percentage in
effect under section 7001(d)(1) of the Balanced Budget
Act of 1997 (Public Law 105-33), and section 505(h) of
the Department of Transportation and Related Agencies
Appropriations Act, 2001 (Public Law 106-346), plus .25
percent of basic salary, and shall be made from the
appropriations or fund used for payment of the salary
of the participant. The [Department] employing agency
shall deposit in the Fund the amounts deducted and
withheld from basic salary and the amounts contributed
by the [Department] employing agency.
(2) Notwithstanding the percentage limitation
contained in paragraph (1) of this subsection--
(A) the [Department] employing agency shall
deduct and withhold from the basic pay of a
Foreign Service criminal investigator/inspector
of the Office of the Inspector General, Agency
for International Development, who is qualified
to have his annuity computed in the same manner
as that of a law enforcement officer pursuant
to section 8339(d) of title 5, an amount equal
to that to be withheld from a law enforcement
officer pursuant to section 8334(a)(1) of title
5, plus an amount equal to .25 percent of basic
pay. The amounts so deducted shall be
contributed to the Fund for the payment of
annuities, cash benefits, refunds, and
allowances. An equal amount shall be
contributed by the [Department] employing
agency from the appropriations or fund used for
payment of the salary of the participant. The
[Department] employing agency shall deposit in
the Fund the amount deducted and withheld from
basic salary and amounts contributed by the
[Department] employing agency.
(B) The [Department] employing agency shall
deduct and withhold from the basic pay of a
Foreign Service criminal investigator/inspector
of the Office of the Inspector General, Agency
for International Development, who is qualified
to have his annuity computed pursuant to
section 8415(d) of title 5, an amount equal to
that to be withheld from a law enforcement
officer pursuant to section 8422(a)(2)(B) of
title 5, plus .25 percent. The amounts so
deducted shall be contributed to the Fund for
the payment of annuities, cash benefits,
refunds, and allowances. An equal amount shall
be contributed by the [Department] employing
agency from the appropriations or fund used for
payment of the salary of the participant. The
Department shall deposit in the Fund the
amounts deducted and withheld from basic salary
and amounts contributed by the Department.
(3) For service as a special agent, paragraph (1)
shall be applied by substituting for ``7 percent'' the
percentage that applies to law enforcement officers
under section 8334(a)(1) of title 5, United States
Code, plus .25 percent.
* * * * * * *
SEC. 806. COMPUTATION OF ANNUITIES.
(a) Measurements; reduction for special contributions;
Foreign Service investigator/inspectors. (1) * * *
* * * * * * *
(8) * * *
(9) For purposes of any annuity computation under this
subsection, the basic salary or basic pay of any member of the
Service whose official duty station is outside the continental
United States shall be considered to be the salary or pay that
would have been paid to the member had the member's official
duty station been Washington, D.C., including locality-based
comparability payments under section 5304 of title 5, United
States Code, that would have been payable to the member if the
member's official duty station had been Washington, D.C.
* * * * * * *
SEC. 855. ENTITLEMENT TO ANNUITY.
(a) Retirement or conditions; definitions. (1) Any
participant may be retired under the conditions specified in
section 811 (22 USC 4051) and shall be retired under the
conditions specified in sections 812 and 813 (22 USC 4052 and
4053) and receive benefits under this subchapter (22 USC 4071
et seq.)
(2) For the purposes of this subsection--
(A) the term ``participant'', as used in the sections
referred to in paragraph (1), means a participant in
the Foreign Service Pension System; and
(B) the term ``System'', as used in those sections,
means the Foreign Service Pension System.
(3) For purposes of any annuity computation under this
subsection, the average pay (as used in section 8414 of title
5, United States Code) of any member of the Service whose
official duty station is outside the continental United States
shall be considered to be the salary that would have been paid
to the member had the member's official duty station been
Washington, D.C., including locality-based comparability
payments under section 5304 of title 5, United States Code,
that would have been payable to the member if the member's
official duty station had been Washington, D.C.
* * * * * * *
SEC. 856. DEDUCTIONS AND WITHHOLDINGS FROM PAY.
(a) Basic pay.
(1) The employing agency shall deduct and withhold
from the basic pay of each participant the applicable
percentage of basic pay specified in paragraph (2) of
this subsection minus the percentage then in effect
under section 3101(a) of the Internal Revenue Code of
1986 (26 U.S.C. 3101(a)) (relating to the rate of tax
for old age, survivors, and disability insurance).
(2) The applicable percentage under this subsection
shall be as follows:
7.5............... Before January 1, 1999.
7.75.............. January 1, 1999, to December 31, 1999.
7.9............... January 1, 2000, to December 31, 2000.
[7.5.............. After December 31, 2000.]
7.75.............. After December 31, 2001.
* * * * * * *
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) proceeding to and returning from assigned posts
of duty;
(2) authorized or required home leave;
* * * * * * *
(8) trips by a member of the 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--
* * * * * * *
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.
* * * * * * *
SEC. 1003. APPLICATION.
(a) This chapter applies only with respect to the
Department of State, the [Broadcasting Board of Governors]
United States International Broadcasting Agency, the Agency for
International Development, the Department of Agriculture, and
the Department of Commerce.
* * * * * * *
SEC. 1101. DEFINITION OF GRIEVANCE.
(a) * * *
* * * * * * *
(c) This chapter applies only with respect to the
Department of State, the [Broadcasting Board of Governors]
United States International Broadcasting Agency, the Agency for
International Development, the Department of Agriculture, and
the Department of Commerce.
* * * * * * *
SEC. 1104. TIME LIMITATIONS.
(a) A grievance is forever barred under this chapter unless
it is filed with the Department not later than two years after
the occurrence giving rise to the grievance or, in the case of
a grievance with respect to the grievant's rater or reviewer,
one year after the date on which the grievant ceased to be
subject to rating or review by that person, [but in no case
less than two years] but in no case more than three years after
the occurrence giving rise to the grievance. There shall be
excluded from the computation of any such period any time
during which, as determined by the Foreign Service Grievance
Board, the grievant was unaware of the grounds for the
grievance and could not have discovered such grounds through
reasonable diligence.
(b) * * *
* * * * * * *
SEC. 1106. BOARD PROCEDURES.
The Board may adopt regulations concerning its organization
and procedures. Such regulations shall include provision for
the following:
(1) * * *
* * * * * * *
(8) If the Board determines that the Department is
considering [the involuntary separation of the
grievant,] disciplinary action against the [grievant,
or] grievant or recovery from the grievant of alleged
overpayment of salary, expenses, or allowances, which
is related to a grievance pending before the Board and
that such action should be suspended, the Department
shall suspend such action until the date which is one
year after such determination or until the Board has
ruled upon the grievance, whichever comes first. The
Board shall extend the one-year limitation under the
preceding sentence and the Department shall continue to
suspend such action, if the Board determines that the
agency or the Board is responsible for the delay in the
resolution of the grievance. The Board may also extend
the 1-year limit if it determines that the delay is due
to the complexity of the case, the unavailability of
witnesses or to circumstances beyond the control of the
agency, the Board or the grievant. Notwithstanding such
suspension of action, the head of the agency concerned
or a chief of mission or principal officer may exclude
the grievant from official premises or from the
performance of specified functions when such exclusion
is determined in writing to be essential to the
functioning of the post or office to which the grievant
is assigned. [Notwithstanding the first sentence of
this paragraph, the Board's authority to suspend such
action shall not extend to instances where the
Secretary, or his designee, has exercised his authority
under subsection (a)(3) of section 610 or with respect
to any action which would delay the separation of an
employee pursuant to a reduction in force conducted
under section 611.]
(9) The Board may reconsider any decision upon
presentation of newly discovered or previously
unavailable material evidence.
* * * * * * *
Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987
* * * * * * *
SEC. 814. UNITED STATES SENATE CAUCUS ON INTERNATIONAL NARCOTICS
CONTROL.
(a) Establishment.--There is established the United States
Senate Caucus on International Narcotics Control (hereafter in
this section referred to as the ``Caucus'').
* * * * * * *
(i) Termination.--The Caucus shall cease to exist on
September 30, [2002] 2005.
* * * * * * *
Foreign Relations Authorizations Act,
Fiscal Years 1988 and 1989
SEC. 124. REPORT ON EXPENDITURES MADE FROM APPROPRIATION FOR
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE.
The Secretary of State shall provide 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
[within 30 days after the end of each quarter of the fiscal
year] not later than May 1 and November 1 of each year a
complete report, including amount, payee, and purpose, of all
expenditures made from the appropriation for ``Emergencies in
the Diplomatic and Consular Service'' for [that quarter] the
preceding half of the fiscal year that ended March 31 and
September 30, respectively. Items included in each such report
concerning representation, official travel, and gifts shall be
submitted in unclassified form.
* * * * * * *
Foreign Relations Authorizations Act,
Fiscal Years 1994 and 1995
SEC. 140. VISAS.
(a) Surcharge for Processing Certain Visas.--
(1) * * *
(2) * * *
(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] $420,000,000 for
fiscal year 2002, and $460,000,000 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.
* * * * * * *
SEC. 404. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEPING
OPERATIONS.
(a) * * *
(b) * * *
* * * * * * *
(2) Subsequent fiscal years.--[Funds] (A) In
general._Except as provided in subparagraph (B), funds
authorized to be appropriated for ``Contributions for
International Peacekeeping Activities'' for any fiscal
year after fiscal year 1995 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.
(B) Reduction in united states share of assessed
contributions.--Notwithstanding the percentage
limitation contained in subparagraph (A), the United
States share of assessed contributions for each United
Nations peacekeeping operation during the following
periods is authorized to be as follows:
(i) For assessments made during calendar year
2001, 28.15 percent.
(ii) For assessments made during calendar
year 2002, 27.90 percent.
(iii) For assessments made during calendar
year 2003, 27.40 percent.
(3) * * *
* * * * * * *
SEC. 409. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE UNITED
NATIONS AND ITS SPECIALIZED AGENCIES.
(a) Assessed Contributions.--* * *
* * * * * * *
[(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.]
* * * * * * *
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001
* * * * * * *
SEC. 232. FEES RELATING TO AFFIDAVITS OF SUPPORT.
* * * * * * *
(c) Treatment of Fees.--Fees collected under the authority
of subsection (a) shall be deposited as an offsetting
collection to any Department of State appropriation to recover
the cost of providing consular services. Such fees shall remain
available for obligation until expended.
[(d) Compliance With Budget Act.--Fees collected under the
authority of subsection (a) shall be available only to such
extent or in such amounts as are provided in advance in an
appropriation Act.]
* * * * * * *
SEC. 604. AUTHORIZATIONS OF APPROPRIATIONS.
* * * * * * *
(a) Authorization of Appropriations.--In addition to
amounts otherwise authorized to be appropriated by this or any
other Act, there are authorized to be appropriated for
``Embassy Security, Construction and Maintenance''--
(1) for fiscal year 2000, $900,000,000;
(2) for fiscal year 2001, $900,000,000;
(3) for fiscal year 2002, $900,000,000;
(4) for fiscal year 2003, [$900,000,000]
$1,000,000,000; and
(5) for fiscal year 2004, $900,000,000.
* * * * * * *
SEC. 931. CERTIFICATION REQUIREMENTS.
(a) In General.-- * * *
(b) Conditions.-- * * *
(1) Contested arrearages.-- * * *
(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]
28.15 percent for any single United Nations member.
* * * * * * *
Foreign Affairs Reform and
Restructuring Act of 1998
* * * * * * *
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--* * *]
(b) * * *
[(c) Reporting on Pilot Program.--Two years after the date
of enactment of this Act,] (c) Reporting on Program._Not later
than February 1 of each even-numbered calendar year, the
Secretary of State shall submit a report to the appropriate
congressional committees containing--
United States International
Broadcasting Act of 1994
* * * * * * *
SEC. 304. [ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS] UNITED
STATES INTERNATIONAL BROADCASTING AGENCY.
[(a) Continued Existence Within Executive Branch.--
[(1) In general.--The Broadcasting Board of Governors
shall continue to exist within the Executive branch of
Government as an entity described in section 104 of
title 5, United States Code.
[(2) Retention of existing board members.--The
members of the Broadcasting Board of Governors
appointed by the President pursuant to subsection
(b)(1)(A) before the effective date of title XIII of
the Foreign Affairs Agencies Consolidation Act of 1998
and holding office as of that date may serve the
remainder of their terms of office without
reappointment.
[(3) Inspector general authorities.--
[(A) In general.--The Inspector General of
the Department of State and the Foreign Service
shall exercise the same authorities with
respect to the Broadcasting Board of Governors
and the International Broadcasting Bureau as
the Inspector General exercises under the
Inspector General Act of 1978 and section 209
of the Foreign Service Act of 1980 with respect
to the Department of State.
[(B) Respect for journalistic integrity of
broadcasters.--The Inspector General shall
respect the journalistic integrity of all the
broadcasters covered by this title and may not
evaluate the philosophical or political
perspectives reflected in the content of
broadcasts.]
(a) Existence Within the Executive Branch.--
(1) In general.--There is in the executive branch of
Government the United States International Broadcasting
Agency (in this title referred to as the ``Agency''),
which is an entity described in section 104 of title 5,
United States Code, and which shall be directed by a
Board of Governors.
(2) Inspector general authorities.--
(A) In general.--The Inspector General of the
Department of State and the Foreign Service
shall exercise the same authorities with
respect to the Agency and the International
Broadcasting Bureau as the Inspector General
exercises under the Inspector General Act of
1978 and section 209 of the Foreign Service Act
of 1980 with respect to the Department of
State.
(B) Respect for journalistic integrity of
broadcasters.--The Inspector General shall
respect the journalistic integrity of all the
broadcasters covered by this title and may not
evaluate the philosophical or political
perspectives reflected in the content of
broadcasts.
(b) * * *
* * * * * * *
SEC. 305. AUTHORITIES OF THE [BOARD] AGENCY.
(a) Authorities.--The [Board] Agency shall have the
following authorities:
(1) * * *
* * * * * * *
(4) To review, evaluate, and determine, at least
[annually,,] annually, after consultation with the
Secretary of State, the addition or deletion of
language services.
* * * * * * *
(10) To the extent considered necessary to carry out
the functions of the [Board] Agency, procure supplies,
services, and other personal property.
(11) To appoint such staff personnel for the [Board]
Agency as the [Board] Agency may determine to be
necessary, subject to the provisions of title 5, United
States Code, governing appointments in the competitive
service, and to fix their compensation in accordance
with the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and
General Schedule pay rates.
(12) To obligate and expend, for official reception
and representation expenses, such amount as may be made
available through appropriations (which for each of the
fiscal years 1998 and 1999 may not exceed the amount
made available to the [Board] Agency and the
International Broadcasting Bureau for such purposes for
fiscal year 1997).
(13) To make available in the annual report required
by paragraph (9) information on funds expended on
administrative and managerial services by the Bureau
and by grantees and the steps the [Board] Agency has
taken to reduce unnecessary overhead costs for each of
the broadcasting services.
(14) The [Board] Agency may provide for the use of
United States Government transmitter capacity for relay
of Radio Free Asia.
(15) (A) To procure temporary and intermittent
personal services to the same extent as is authorized
by section 3109 of title 5, United States Code, at
rates not to exceed the daily equivalent of the rate
provided for positions classified above grade GS-15 of
the General Schedule under section 5108 of title 5,
United States Code.
(B) To allow those providing such services, while
away from their homes or their regular places of
business, travel expenses (including per diem in lieu
of subsistence) as authorized by section 5703 of title
5, United States Code, for persons in the Government
service employed intermittently, while so employed.
(16) To procure, pursuant to section 1535 of title
31, United States Code (commonly known as the ``Economy
Act''), such goods and services from other departments
or agencies for the [Board] Agency and the
International Broadcasting Bureau as the [Board] Agency
determines are appropriate.
(17) To utilize the provisions of titles III, IV, V,
VII, VIII, IX, and X of the United States Information
and Educational Exchange Act of 1948, and section 6 of
Reorganization Plan Number 2 of 1977, as in effect on
the day before the effective date of title XIII of the
Foreign Affairs Agencies Consolidation Act of 1998, to
the extent the [Board] Agency considers necessary in
carrying out the provisions and purposes of this title.
(18) To utilize the authorities of any other statute,
reorganization plan, Executive order, regulation,
agreement, determination, or other official document or
proceeding that had been available to the Director of
the United States Information Agency, the Bureau, or
the [Board] Agency before the effective date of title
XIII of the Foreign Affairs Consolidation Act of 1998
for carrying out the broadcasting activities covered by
this title.
(19) Notwithstanding section 501 of the United States
Information and Education Exchange Act of 1948 (22
U.S.C. 1461 (a)), or section 208 of the United States
Information Agency Authorization Act, Fiscal Years 1986
and 1987 (22 U.S.C. 1461-1a), to distribute in the
United States program material prepared by the Voice of
America's Special English Service.
(b) Delegation of Authority.--The [Board] Agency may
delegate to the Director of the International Broadcasting
Bureau, or any other officer or employee of the United States,
to the extent the [Board] Agency determines to be appropriate,
the authorities provided in this section, except those
authorities provided in paragraph (1), (2), (3), (4), (5), (6),
(9), or (11) of subsection (a).
(c) Broadcasting Budgets.--The Director of the Bureau and
the grantees identified in sections 308 and 309 shall submit
proposed budgets to the [Board] Agency. The [Board] Agency
shall forward its recommendations concerning the proposed
budget for the [Board] Agency and broadcasting activities under
this title, the Radio Broadcasting to Cuba Act, and the
Television Broadcasting to Cuba Act to the Office of Management
and Budget.
(d) Professional Independence of Broadcasters.--The
Secretary of State and the [Board] Agency, in carrying out
their functions, shall respect the professional independence
and integrity of the International Broadcasting Bureau, its
broadcasting services, and the grantees of the [Board] Agency.
* * * * * * *
SEC. 306. ROLE OF THE SECRETARY OF STATE.
(a) Foreign Policy Guidance.--To assist the [Board] Agency
in carrying out its functions, the Secretary of State shall
provide information and guidance on foreign policy issues to
the [Board] Agency, as the Secretary may deem appropriate.
(b) Certain Worldnet Programming.--The Secretary of State
is authorized to use Worldnet broadcasts for the purposes of
continuing interactive dialogues with foreign media and other
similar overseas public diplomacy programs sponsored by the
Department of State. The Chairman of the [Broadcasting Board of
Governors] United States International Broadcasting Agency
shall provide access to Worldnet for this purpose on a
nonreimbursable basis.
SEC. 307. INTERNATIONAL BROADCASTING BUREAU.
(a) Establishment.--There is hereby established an
International Broadcasting Bureau under the [Board] Agency
(hereafter in this title referred to as the ``Bureau''), to
carry out all nonmilitary international broadcasting activities
supported by the United States Government other than those
described in sections 308 and 309.
(b) Selection of the Director of the Bureau.--The Director
of the Bureau shall be appointed by the Chairman of the [Board]
Agency, in consultation with the President, by and with the
advice and consent of the Senate. The Director of the Bureau
shall be entitled to receive compensation at the rate
prescribed by law for level IV of the Executive Schedule.
(c) Responsibilities of the Director.--The Director shall
organize and chair a coordinating committee to examine and make
recommendations to the Board on long-term strategies for the
future of international broadcasting, including the use of new
technologies, further consolidation of broadcast services, and
consolidation of currently existing public affairs and
legislative relations functions in the various international
broadcasting entities. The coordinating committee shall include
representatives of Radio Free Asia, RFE/RL, Incorporated, the
[Broadcasting Board of Governors] United States International
Broadcasting Agency, and, as appropriate, the Office of Cuba
Broadcasting, the Voice of America, and Worldnet.
SEC. 308. LIMITS ON GRANTS FOR RADIO FREE EUROPE AND RADIO LIBERTY.
(a) Board of RFE/RL, Incorporated.--The [Board] Agency may
not make any grant to RFE/RL, Incorporated, unless the
certificate of incorporation of RFE/RL, Incorporated, has been
amended to provide that--
(1) the Board of Directors of RFE/RL, Incorporated,
shall consist of the members of the [Broadcasting Board
of Governors] United States International Broadcasting
Agency established under section 304 and of no other
members; and
(2) such Board of Directors shall make all major
policy determinations governing the operation of RFE/
RL, Incorporated, and shall appoint and fix the
compensation of such managerial officers and employees
of RFE/RL, Incorporated, as it considers necessary to
carry out the purposes of the grant provided under this
title.
(b) Location of Principal Place of Business.--
(1) The [Board] Agency may not make any grant to RFE/
RL, Incorporated unless the headquarters of RFE/RL,
Incorporated and its senior administrative and
managerial staff are in a location which ensures
economy, operational effectiveness, and accountability
to the [Board] Agency.
(2) Not later than 90 days after confirmation of all
members of the [Board] Agency, the [Board] Agency shall
provide a report to Congress on the number of
administrative, managerial, and technical staff of RFE/
RL, Incorporated who will be located within the
metropolitan area of Washington, D.C., and the number
of employees whose principal place of business will be
located outside the metropolitan area of Washington,
D.C.
(c) Limitation on Grant Amounts.--[The total amount of
grants made by the Board for the operating costs of Radio Free
Europe and Radio Liberty may not exceed $75,000,000 for any
fiscal year after fiscal year 1995] The total amount of grants
made for the operating costs of RFE/RL, Incorporated, may not
exceed $85,000,000 in fiscal year 2002 or fiscal year 2003.
(d) Alternative Grantee.--If the [Board] Agency determines
at any time that RFE/RL, Incorporated, is not carrying out the
functions described in section 309 in an effective and
economical manner, the [Board] Agency may award the grant to
carry out such functions to another entity after soliciting and
considering applications from eligible entities in such manner
and accompanied by such information as the [Board] Agency may
reasonably require.
* * * * * * *
(g) Grant Agreement.--Grants to RFE/RL, Incorporated, by
the [Board] Agency shall only be made in compliance with a
grant agreement. The grant agreement shall establish guidelines
for such grants. The grant agreement shall include the
following provisions--
(1) that a grant be used only for activities which
the [Board] Agency determines are consistent with the
purposes of subsection (f);
(2) that RFE/RL, Incorporated, shall otherwise comply
with the requirements of this section;
(3) that failure to comply with the requirements of
this section may result in suspension or termination of
a grant without further obligation by the [Board]
Agency or the United States;
(4) that duplication of language services and
technical operations between RFE/RL, Incorporated and
the International Broadcasting Bureau be reduced to the
extent appropriate, as determined by the [Board]
Agency; and
(5) that RFE/RL, Incorporated, justify in detail each
proposed expenditure of grant funds, and that such
funds may not be used for any other purpose unless the
[Board] Agency gives its prior written approval.
(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.
(B) Salary and other compensation limitations under
subparagraph (A) shall not apply prior to October 1,
1995, with respect to any employee covered by a union
agreement requiring a salary or other compensation in
excess of such limitations.
(C) Notwithstanding the limitations under
subparagraph (A), grant funds provided under this
section may be used by RFE/RL, Incorporated to pay not
more than four employees employed in Washington, D.C.
salary or other compensation at a rate not to exceed
the rate of pay payable for level III of the Executive
Schedule under section 5314 of title 5, United States
Code.
* * * * * * *
(5) To compensate freelance contractors without the
approval of the [Board] Agency.
(i) Report on Management Practices.--(1) Effective not
later than March 31 and September 30 of each calendar year, the
Inspector General of the Department of State and the Foreign
Service shall submit to the [Board] Agency and the Congress a
report on management practices of RFE/RL, Incorporated, under
this section. The Inspector General of the Department of State
and the Foreign Service shall establish a special unit within
the Inspector General's office to monitor and audit the
activities of RFE/RL, Incorporated, and shall provide for on-
site monitoring of such activities.
* * * * * * *
SEC. 309. RADIO FREE ASIA.
(a) * * *
* * * * * * *
(c) Grant Agreement.--Any grant agreement or grants under
this section shall be subject to the following limitations and
restrictions:
(1) The [Board] Agency may not make any grant to
Radio Free Asia unless the headquarters of Radio Free
Asia and its senior administrative and managerial staff
are in a location which ensures economy, operational
effectiveness, and accountability to the [Board]
Agency.
* * * * * * *
(4) [Grants made for the operating costs of Radio
Free Asia may not exceed $30,000,000 in each of the
fiscal years 2000 and 2001] Grants made for the
operating costs of Radio Free Asia may not exceed
$35,000,000 in each of the fiscal years 2002 and 2003.
* * * * * * *
(e) Assessment of the Effectiveness of Radio Free Asia.--
Not later than 3 years after the date on which initial funding
is provided for the purpose of operating Radio Free Asia, the
[Board] Agency shall submit to the appropriate congressional
committees a report on--
* * * * * * *
(f) Sunset Provision.--The [Board] Agency may not make any
grant for the purpose of operating Radio Free Asia after
September 30, 2009.
(g) Notification and Consultation Regarding Displacement of
Voice of America Broadcasting.--The [Board] Agency shall notify
the appropriate congressional committees before entering into
any agreements for the utilization of Voice of America
transmitters, equipment, or other resources that will
significantly reduce the broadcasting activities of the Voice
of America in Asia or any other region in order to accommodate
the broadcasting activities of Radio Free Asia. The Chairman of
the [Board] Agency shall consult with such committees on the
impact of any such reduction in Voice of America broadcasting
activities.
* * * * * * *
SEC. 313. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.
(a) Limitation on Obligation and Expenditure of Funds.--
Notwithstanding any other provision of law, for the fiscal year
1994 and for each subsequent fiscal year, any funds
appropriated for the purposes of broadcasting subject to [the
direction and] supervision of the [Board] Agency shall not be
available for obligation or expenditure--
* * * * * * *
SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.
(a) Emergency Authority.--
(1) In general.--Whenever the President determines it
to be important to the national interests of the United
States and so certifies to the appropriate
congressional committees, the President, on such terms
and conditions as the President may determine, is
authorized to furnish such assistance as may be
necessary to provide international broadcasting
activities of the United States with a surge capacity
to support United States foreign policy objectives
during a crisis abroad.
(2) Supersedes existing law.--The authority of
paragraph (1) supersedes any other provision of law.
(3) Surge capacity defined.--In this subsection, the
term `surge capacity' means the financial and technical
resources necessary to carry out broadcasting
activities in a geographical area during a crisis.
(b) Authorization of Appropriations.--
(1) In general.--Effective October 1, 2001, there is
authorized to be appropriated to the President such
amounts as may be necessary for the President to carry
out this section, except that no such amount may be
appropriated which, when added to amounts previously
appropriated for such purpose but not yet obligated,
would cause such amounts to exceed $10,000,000.
(2) Availability of funds.--Amounts appropriated
under this subsection are authorized to remain
available until expended.
(3) Designation of appropriations.--Amounts
appropriated under this subsection may be referred to
as the ``United States International Broadcasting Surge
Capacity Fund''.
The Radio Broadcasting to Cuba Act
* * * * * * *
ADDITIONAL FUNCTIONS OF THE [BROADCASTING BOARD OF GOVERNORS] UNITED
STATES INTERNATIONAL BROADCASTING AGENCY
SEC. 3.
(a) In order to carry out the objectives set forth in
section 2, the [Broadcasting Board of Governors] United States
International Broadcasting Agency (hereafter in this Act
referred to as the ``[Board] Agency'') shall provide for the
open communication of information and ideas through the use of
radio broadcasting to Cuba. Radio broadcasting to Cuba shall
serve as a consistently reliable and authoritative source of
accurate, objective, and comprehensive news.
* * * * * * *
(d) Notwithstanding subsection (c), in the event that
broadcasts to Cuba on the 1180 AM frequency are subject to
jamming or interference greater by 25 per centum or more than
the average daily jamming or interference in the twelve months
preceding September 1, 1983, the [Broadcasting Board of
Governors] United States International Broadcasting Agency may
lease time on commercial or noncommercial educational AM band
radio broadcasting stations. The Federal Communications
Commission shall determine levels of jamming and interference
by conducting regular monitoring of the 1180 AM frequency. In
the event that more than two hours a day of time is leased, not
less than 30 per centum of the programing broadcast shall be
regular Voice of America broadcasts with particular emphasis on
news and programs meeting the requirements of section 503(2) of
Public Law 80-402.
(e) Any program of United States Government radio
broadcasts to Cuba authorized by this section shall be
designated ``Voice of America: Cuba Service'' or ``Voice of
America: Radio Marti program''.
(f) In the event broadcasting facilities located at
Marathon, Florida, are rendered inoperable by natural disaster
or by unlawful destruction, the [Broadcasting Board of
Governors] United States International Broadcasting Agency may,
for the period in which the facilities are inoperable but not
to exceed one hundred and fifty days, use other United States
Government-owned transmission facilities for Voice of America
broadcasts to Cuba authorized by this Act.
CUBA SERVICE OF THE INTERNATIONAL BROADCASTING BUREAU
SEC. 4.
The [Broadcasting Board of Governors] United States
International Broadcasting Agency shall establish within the
International Broadcasting Bureau a Cuba Service (hereafter in
this section referred to as the ``Service''). The Service shall
be responsible for all radio broadcasts to Cuba authorized by
section 3. The [Broadcasting Board of Governors] United States
International Broadcasting Agency shall appoint a head of the
Service and shall employ such staff as the head of the Service
may need to carry out his duties. The Cuba Service shall be
administered separately from other International Broadcasting
Bureau functions and the head of the Cuba Service shall report
directly to the Board of the International Broadcasting Bureau.
ADVISORY BOARD FOR CUBA BROADCASTING
SEC. 5.
(a) There is established within the Office of the President
the Advisory Board for Cuba Broadcasting (in this division
referred to as the ``Advisory Board''). The Advisory Board
shall consist of nine members, appointed by the President by
and with the advice and consent of the Senate, of whom not more
than five shall be members of the same political party. The
President shall designate one member of the Advisory Board to
serve as chairperson.
(b) The Advisory Board shall review the effectiveness of
the activities carried out under this Act and the Television
Broadcasting to Cuba Act shall make such recommendations to the
President and the [Broadcasting Board of Governors] United
States International Broadcasting Agency as it may consider
necessary.
* * * * * * *
ASSISTANCE FROM OTHER GOVERNMENT AGENCIES
SEC. 6.
(a) In order to assist the [Broadcasting Board of
Governors] United States International Broadcasting Agency in
carrying out the purposes set forth in section 2, any agency or
instrumentality of the United States may sell, loan, lease, or
grant property (including interests therein) and may perform
administrative and technical support and services at the
request of the [Board] Agency. Support and services shall be
provided on a reimbursable basis. Any reimbursement shall be
credited to the appropriation from which the property, support,
or services was derived.
(b) The [Board] Agency may carry out the purposes of
section 3 by means of grants, leases, or contracts (subject to
the availability of appropriations), or such other means as the
[Board] Agency determines will be most effective.
FACILITY COMPENSATION
SEC. 7.
(a) It is the intent of the Congress that the Secretary of
State should seek prompt and full settlement of United States
claims against the Government of Cuba arising from Cuban
interference with broadcasting in the United States. Pending
the settlement of these claims, it is appropriate to provide
some interim assistance to the United States broadcasters who
are adversely affected by Cuban radio interference and who seek
to assert their right to measures to counteract the effects of
such interference.
(b) Accordingly, the [Board] Agency may make payments to
the United States radio broadcasting station licensees upon
their application for expenses which they have incurred before,
on or after the date of this Act in mitigating, pursuant to
special temporary authority from the Federal Communications
Commission, the effects of activities by the Government of Cuba
which directly interfere with the transmission or reception of
broadcasts by these licensees. Such expenses shall be limited
to the costs of equipment replaced (less depreciation) and
associated technical and engineering costs.
(c) The Federal Communications Commission shall issue such
regulations and establish such procedures for carrying out this
section as the Federal Communications Commission finds
appropriate. Such regulations shall be issued no later than one
hundred and eighty days after enactment of this Act.
(d) There are authorized to be appropriated to the [Board]
Agency, $5,000,000 for use in compensating United States radio
broadcasting licensees pursuant to this section. Amounts
appropriated under this section are authorized to be available
until expended.
* * * * * * *
AUTHORIZATION OF APPROPRIATIONS
SEC. 8.
(a) There are authorized to be appropriated for the
[Broadcasting Board of Governors] United States International
Broadcasting Agency $14,000,000 for fiscal year 1984, and
$11,000,000 for fiscal year 1985 to carry out sections 3 and 4
of this Act. The amount obligated by the [Broadcasting Board of
Governors] United States International Broadcasting Agency in
ensuing fiscal years shall be sufficient to maintain broadcasts
to Cuba under this Act at rates no less than the fiscal year
1985 level.
(b) In addition to amounts otherwise authorized to be
appropriated to the [Board] Agency for the fiscal years 1984
and 1985, there are authorized to be appropriated to the
[Board] Agency $54,800,000 for the fiscal year 1984 and
$54,800,000 for the fiscal year 1985, which amounts shall be
available only for expenses incurred by essential modernization
of the facilities and operations of the Voice of America.
(c) Amounts appropriated under this section are authorized
to be made available until expended.
The Television Broadcasting to Cuba Act
* * * * * * *
SEC. 243. TELEVISION BROADCASTING TO CUBA.
(a) Television Broadcasting to Cuba. In order to carry out
the purposes set forth in section 242 and notwithstanding the
limitation of section 501 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1461) with respect
to the dissemination in the United States of information
prepared for dissemination abroad to the extent such
dissemination is inadvertent, the [Broadcasting Board of
Governors] United States International Broadcasting Agency
(hereafter in this part referred to as the ``Agency'') shall
provide for the open communication of information and ideas
through the use of television broadcasting to Cuba. Television
broadcasting to Cuba shall serve as a consistently reliable and
authoritative source of accurate, objective, and comprehensive
news.
* * * * * * *
SEC. 244. TELEVISION MARTI SERVICE.
(a) Television Marti Service.--There is within the Voice of
America a Television Marti Service. The Service shall be
responsible for all television broadcasts to Cuba authorized by
this part. The [Broadcasting Board of Governors] United States
International Broadcasting Agency shall appoint a head of the
Service who shall report directly to the International
Broadcasting Bureau. The head of the Service shall employ such
staff as the head of the Service may need to carry out the
duties of the Service.
(b) Use of Existing Facilities of the USIA.--To assure
consistency of presentation and efficiency of operations in
conducting the activities authorized under this part, the
Television Marti Service shall make maximum feasible
utilization of Board facilities and management support,
including Voice of America: Cuba Service, Voice of America, and
the United States International Television Service.
(c) Authority.--The [Board] Agency may carry out the purposes
of this part by means of grants, leases, or contracts (subject
to the availability of appropriations), or such other means as
the [Board] Agency determines will be most effective.
* * * * * * *
SEC. 246. ASSISTANCE FROM OTHER GOVERNMENT AGENCIES.
In order to assist the [Broadcasting Board of Governors]
United States International Broadcasting Agency in carrying out
the provisions of this part, any agency or instrumentality of
the United States may sell, loan, lease, or grant property
(including interests therein) and may perform administrative
and technical support and services at the request of the
[Board] Agency.
* * * * * * *
The United States Information and Educational Exchange Act of 1948
* * * * * * *
USIA SATELLITE AND TELEVISION
SEC. 505.
(a) In General.--The [Broadcasting Board of Governors]
United States International Broadcasting Agency is authorized
to lease or otherwise acquire time on commercial or United
States Government satellites for the purpose of transmitting
materials and programs to posts and other users abroad.
(b) Broadcast Principles.--The Congress finds that the
long-term interests of the United States are served by
communicating directly with the peoples of the world by
television. To be effective, the [Broadcasting Board of
Governors] United States International Broadcasting Agency must
win the attention and respect of viewers. These principles will
therefore govern the television broadcasts of the United States
International Television Service:
* * * * * * *
(c) Programs.--The [Broadcasting Board of Governors] United
States International Broadcasting Agency is authorized to
produce, acquire, or broadcast television programs, via
satellite, only if such programs--
* * * * * * *
(d) Costs.--When a comparable program produced by United
States public or commercial broadcasters and producers is
available at a cost which is equal to or less than the cost of
production by the United States International Television
Service, the [Broadcasting Board of Governors] United States
International Broadcasting Agency shall use such materials in
preference to the United States International Television
Service produced materials.
(e) Allocation of Funds.--(1) Of the funds authorized to be
appropriated to the [Broadcasting Board of Governors] United
States International Broadcasting Agency not more than
$12,000,000 for the fiscal year 1990 and not more than
$12,480,000 for the fiscal year 1991 may be obligated or
expended for the United States International Television
Service.
(2) The [Broadcasting Board of Governors] United States
International Broadcasting Agency shall prepare and submit to
the Congress quarterly reports which contain a detailed
explanation of expenditures for USIA-TV during the fiscal years
1990 and 1991. Such reports shall contain specific
justification and supporting information pertaining to all
programs, particularly those described in subsection (c)(4),
that were produced in-house by USIA-TV. Each such report shall
include a statement by the [Broadcasting Board of Governors]
United States International Broadcasting Agency that, according
to the best information available to the [Broadcasting Board of
Governors] United States International Broadcasting Agency, no
comparable United States commercially-produced or public
television program is available at a cost which is equal to or
less than the cost of production by USIA-TV.
(3) Of the funds authorized to be appropriated to the
[Broadcasting Board of Governors] United States International
Broadcasting Agency, $1,500,000 for the fiscal year 1990 and
$1,500,000 for the fiscal year 1991 shall be available only for
the purchase or use of programs produced with grants from the
Corporation for Public Broadcasting or produced by United
States public broadcasters.
VOICE OF AMERICA HIRING PRACTICES
SEC. 506.
(a) * * *
* * * * * * *
(c) Report.--If the [Broadcasting Board of Governors]
United States International Broadcasting Agency determines that
the prohibition under subsection (a) would require the
termination of a specific Voice of America foreign language
service, then, not less than 90 days before the [Board] Agency
begins to recruit such candidates, the Board shall submit to
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives a
report concerning--
* * * * * * *
GOVERNMENT AGENCIES
SEC. 802.
(a) * * *
* * * * * * *
(b) * * *
* * * * * * *
(4)(A) Notwithstanding the other provisions of this
subsection, the United States Information Agency is authorized
to enter into contracts for periods not to exceed 7 years for
circuit capacity to distribute radio and television programs
and is authorized to enter into contracts for periods not to
exceed ten years to acquire local broadcasting services outside
the United States.
* * * * * * *
Foreign Assistance Act of 1961
* * * * * * *
SEC. 116. HUMAN RIGHTS.
(a) * * *
* * * * * * *
(d) * * *
(1) * * *
* * * * * * *
(7) wherever applicable, violations of religious
freedom, including particularly severe violations of
religious freedom (as defined in section 3 of the
International Religious Freedom Act of 1998)[ and];
(8) wherever applicable, consolidated information
regarding the commission of war crimes, crimes against
humanity, and evidence of acts that may constitute
genocide (as defined in article 2 of the Convention on
the Prevention and Punishment of the Crime of Genocide
and modified by the United States instrument of
ratification to that convention and section 2(a) of the
Genocide Convention Implementation act of 1987)[.] ;
and
(9) for each country with respect to which a
determination has been made that extrajudicial
killings, torture, or other serious violations of human
rights have occurred in the country, the extent to
which the United States has taken or will take action
to encourage an end to such practices in the country.
* * * * * * *
SEC. 133. PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.
(a) Establishment of Programs.--
* * * * * * *
[(d) Annual Report.--
[(1) In general.--The Secretary of State, in
consultation with the Secretary of Commerce and the
Administrator of the United States Agency for
International Development, shall prepare and transmit
to the Committee on International Relations and the
Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate an
annual report on--
[(A) projects and activities carried out
under programs established under subsection (a)
for the prior year in priority countries
identified pursuant to subsection (a)(3); and
[(B) projects and activities carried out
under programs to combat corruption, improve
transparency and accountability, and promote
other forms of good governance established
under other provisions of law for the prior
year in such countries.
[(2) Required contents.--The report required by
paragraph (1) shall contain the following information
with respect to each country described in paragraph
(1):
[(A) A description of all United States
Government-funded programs and initiatives to
combat corruption and improve transparency and
accountability in the country.
[(B) A description of United States
diplomatic efforts to combat corruption and
improve transparency and accountability in the
country.
[(C) An analysis of major actions taken by
the government of the country to combat
corruption and improve transparency and
accountability in the country.]
(e) * * *
* * * * * * *
SEC. 489. REPORTING REQUIREMENTS.
(a) International Narcotics Control Strategy Report.-- * *
*
(1) * * *
* * * * * * *
(7) In addition, for those countries identified
pursuant to paragraph (3)(D) the following:
(A)(i) * * *
* * * * * * *
(C) * * *
(i) * * *
* * * * * * *
(viii) * * *
The report shall also detail instances of refusals to cooperate
with foreign governments, and any actions taken by the United
States Government and any international organization to adress
such obstacles, including the imposition of sanctions or
penalties.
(8) The identity, to the extent consistent with
intelligence and law enforcement interests, of each
foreign organization determined by the President to be
a major drug trafficking organization, including a
description of the activities of such organization
during the two fiscal years preceding the fiscal year
of the report.
(b) Annual Reports on Assistance.--
* * * * * * *
(c) Definitions.--In this section:
(1) Major drug trafficking organization.--The term
``major drug trafficking organization'' means any
organization engaged in substantial amounts of illicit
activity to cultivate, produce, manufacture,
distribute, sell, finance, or transport narcotic drugs,
controlled substances, or listed chemicals, engaged in
money laundering or proceeds from such activities, or
that otherwise endeavors or attempts to do so, or to
assist, abet, conspire, or collude with others to do
so.
(2) Narcotic drug, controlled substance, listed
chemical.--The terms ``narcotic drug'', ``controlled
substance'', and ``listed chemical'' have the meanings
given those terms in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
* * * * * * *
SEC. 490. ANNUAL CERTIFICATION PROCEDURES.
* * * * * * *
(a) * * *
* * * * * * *
(h) * * *
(i) Limitation on Applicability.--This section shall not
apply during fiscal years 2002, 2003, and 2004.
* * * * * * *
[SEC. 490A. * * *REPEALED--1995.]
SEC. 490A. LIMITATIONS DURING FISCAL YEARS 2002, 2003, AND 2004 ON
ASSISTANCE FOR MAJOR DRUG-TRANSIT AND MAJOR ILLICIT
DRUG PRODUCING COUNTRIES.
(a) Annual Determination of Major Drug-Transit or Major
Illicit Drug Producing Countries.--Not later than October 1 of
2001, 2002, and 2003, the President shall submit to the
appropriate congressional committees a report identifying each
country determined by the President to be a major drug-transit
country or major illicit drug producing country for the
purposes of this Act.
(b) Designation of Countries Not Adhering to International
Agreements and Not Making Counternarcotics Efforts.--In each
report under subsection (a), the President shall also--
(1) designate each country, if any, identified in
such report that has failed demonstrably, during the
previous 12 months, to make substantial efforts--
(A) to adhere to its obligations under
international counternarcotics agreements; and
(B) to take the counternarcotics measures set
forth in section 489(a)(1); and
(2) include a justification for each country so
designated.
(c) Limitation on Assistance for Designated Countries.--In
the case of a country identified in a report for a fiscal year
under subsection (a) that is also designated under subsection
(b) in the report for such fiscal year, United States
assistance may be provided to the country in such fiscal year
only if the President determines and reports to the appropriate
congressional committees that--
(1) provision of such assistance to the country in
such fiscal year is vital to the national interests of
the United States; or
(2) commencing at any time after October 1 of such
fiscal year, the country has made substantial efforts--
(A) to adhere to its obligations under
international counternarcotics agreements; and
(B) to take the counternarcotics measures set
forth in section 489(a)(1).
(d) International Counternarcotics Agreement Defined.--In
this section, the term `international counternarcotics
agreement' means--
(1) the United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances;
or
(2) any bilateral or multilateral agreement in force
between the United States and another country or
countries that addresses issues relating to the control
of illicit drugs, such as--
(A) the production, distribution, and
interdiction of illicit drugs,
(B) demand reduction,
(C) the activities of criminal organizations,
(D) international legal cooperation among
courts, prosecutors, and law enforcement
agencies (including the exchange of information
and evidence),
(E) the extradition of nationals and
individuals involved in drug-related criminal
activity,
(F) the temporary transfer for prosecution of
nationals and individuals involved in drug-
related criminal activity,
(G) border security,
(H) money laundering,
(I) illicit firearms trafficking,
(J) corruption,
(K) control of precursor chemicals,
(L) asset forfeiture, and
(M) related training and technical
assistance;
and includes, where appropriate, timetables and
objective and measurable standards to assess the
progress made by participating countries with respect
to such issues.
* * * * * * *
SEC. 502B. HUMAN RIGHTS.
(a)(1) * * *
* * * * * * *
(b) The Secretary of State shall transmit to the Congress,
as part of the presentation materials for security assistance
programs proposed for each fiscal year, a full and complete
report, prepared with the assistance of the Assistant Secretary
of State for Democracy, Human Rights, and Labor and with the
assistance of the Ambassador at Large for International
Religious Freedom, with respect to practices regarding the
observance of and respect for internationally recognized human
rights in each country proposed as a recipient of security
assistance. Wherever applicable, such report shall include
consolidated information regarding the commission of war
crimes, crimes against humanity, and evidence of acts that may
constitute genocide (as defined in article 2 of the Convention
on the prevention and punishment of the Crime of Genocide and
modified by the United States instrument of ratification to
that convention and section 2(a) of the Genocide Convention
Implementation Act of 1987). Wherever applicable, such report
shall include information on practices regarding coercion in
population control, including coerced abortion and involuntary
sterilization. Such report shall also include, wherever
applicable, information on violations of religious freedom,
including particularly severe violations of religious freedom
(as defined in section 3 of the International Religious Freedom
Act of 1998). Such report shall also include, for each country
with respect to which a determination has been made that
extrajudicial killings, torture, or other serious violations of
human rights have occurred in the country, the extent to which
the United States has taken or will take action to encourage an
end to such practices in the country. Each report under this
section shall describe the extent to which each country has
extended protection to refugees, including the provision of
first asylum and resettlement. Each report under this section
shall list the votes of each member of the United Nations
Commission on Human Rights on all country-specific and thematic
resolutions voted on at the Commission's annual session during
the period covered during the preceding year. In determining
whether a government falls within the provisions of subsection
(a)(3) and in the preparation of any report or statement
required under this section, consideration shall be given to--
* * * * * * *
Foreign Narcotics Kingpin Designation Act
SEC. 805. BLOCKING ASSETS AND PROHIBITING TRANSACTIONS.
(a) * * *
* * * * * * *
[(f) Judicial Review.--The determinations, identifications,
findings, and designations made pursuant to section 804 and
subsection (b) of this section shall not be subject to judicial
review.]
* * * * * * *
Arms Export Control Act
* * * * * * *
SEC. 36. REPORTS ON COMMERCIAL AND GOVERNMENTAL MILITARY EXPORTS;
CONGRESSIONAL ACTION.
(a) 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 not more than sixty days
after the end of each quarter an unclassified report (except
that any material which was transmitted in classified form
under subsection (b)(1) or (c)(1) of this section may be
contained in a classified addendum to such report, and any
letter of offer referred to in paragraph (1) of this subsection
may be listed in such addendum unless such letter of offer has
been the subject of an unclassified certification pursuant to
subsection (b)(1) of this section, and any information provided
under paragraph [(11)] (10) of this subsection may also be
provided in a classified addendum) containing--
(1) * * *
* * * * * * *
(6) * * *
[(7) an estimate of--
[(A) the number of United States military
personnel, the number of United States
Government civilian personnel, and the United
States civilian contract personnel, who were in
each foreign country at the end of that
quarter, and
[(B) the number of members of each such
category of personnel who were in each foreign
country at any time during that quarter,
[in implementation of sales and commercial exports
under this Act or of assistance under chapter 2, 5, 6,
or 8 of part II of the Foreign Assistance Act of 1961,
including both personnel assigned to the country and
personnel temporarily in the country by detail or
otherwise;]
[(8)] (7) a description of each payment,
contribution, gift, commission, or fee reported to the
Secretary of State under section 39, including (A) the
name of the person who made such payment, contribution,
gift, commission, or fee; (B) the name of any sales
agent or other person to whom such payment,
contribution, gift, commission, or fee was paid; (C)
the date and amount of such payment, contribution,
gift, commission, or fee; (D) a description of the sale
in connection with which such payment, contribution,
gift, commission, or fee was paid; and (E) the
identification of any business information considered
confidential by the person submitting it which is
included in the report;
[(9)] (8) a listing of each sale under section 29
during the quarter for which such report is made,
specifying (A) the purchaser, (B) the United States
Government department or agency responsible for
implementing the sale, (C) an estimate of the dollar
amount of the sale, and (D) a general description of
the real property facilities to be constructed pursuant
to such sale;
[(10)] (9) a listing of the consents to third-party
transfers of defense articles or defense services which
were granted, during the quarter for which such report
is submitted, for purposes of section 3(a)(2) of this
Act, the regulations issued under section 38 of this
Act, or section 505(a)(1)(B) of the Foreign Assistance
Act of 1961, if the value (in terms of original
acquisition cost) of the defense articles or defense
services to be transferred is $1,000,000 or more;
[(11)] (10) a listing of all munitions items (as
defined in section 40(l)(1)) which were sold, leased,
or otherwise transferred by the Department of Defense
to any other department, agency, or other entity of the
United States Government during the quarter for which
such report is submitted (including the name of the
recipient Government entity and a discussion of what
that entity will do with those munitions items) if--
(A) * * *
(B) * * *
[(12)] (11) a report on all concluded government-to-
government agreements regarding foreign coproduction of
defense articles of United States origin and all other
concluded agreements involving coproduction or licensed
production outside of the United States of defense
articles of United States origin (including
coproduction memoranda of understanding or agreement)
that have not been previously reported under this
subsection, which shall include--
* * * * * * *
[(13)] (12) a report on all exports of significant
military equipment for which information has been
provided pursuant to section 38(i).
* * * * * * *
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1996
* * * * * * *
[SEC. 574. ANNUAL REPORT ON ECONOMIC AND SOCIAL GROWTH.
[(a) Reporting Requirement.--The President shall submit to
the appropriate congressional committees an annual report
providing a concise overview of the prospects for economic and
social growth on a broad, equitable, and sustainable basis in
the countries receiving economic assistance under title II of
this Act. For each country, the report shall discuss the laws,
policies and practices of that country that most contribute to
or detract from the achievement of this kind of growth. The
report should address relevant macroeconomic, microeconomic,
social, legal, environmental, and political factors and include
criteria regarding wage and price controls, State ownership of
production and distribution, State control of financial
institutions, trade and foreign investment, capital and profit
repatriation, tax and private property protections and a
country's commitment to stimulate education, health and human
development.
[(b) Countries.--The countries referred to in subsection
(a) are countries--
[(1) for which in excess of $5,000,000 has been
obligated during the previous fiscal year for
assistance under sections 103 through 106, chapters 10
and 11 of part I, and chapter 4 of part II of the
Foreign Assistance of 1961, and under the Support for
East European Democracy Act of 1989; or
[(2) for which in excess of $1,000,000 has been
obligated during the previous fiscal year by the
Overseas Private Investment Corporation.
[(c) Consultation.--The Secretary of State shall submit the
report required by subsection (a) in consultation with the
Secretary of the Treasury, the Administrator of the Agency for
International Development, and the President of the Overseas
Private Investment Corporation. The report shall be submitted
with the annual congressional presentation for appropriations.]
* * * * * * *
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 for Security and Cooperation
in Europe (OSCE), the OSCE implementation review process, and
other activities of the OSCE. The report shall also include a
summary of specific United States policy objectives with
respect to participating states where there is particular
concern relating to the implementation of OSCE commitments or
where an OSCE presence exists. Such summary shall address the
role played by OSCE institutions, mechanisms, or field
activities in achieving United States policy objectives. Each
annual report shall cover the period from January 1 to December
31, shall be submitted not more than 90 days after the end of
the reporting period, and shall be posted on the Internet
website of the Department of State.
* * * * * * *
International Religious Freedom Act of 1998
* * * * * * *
TITLE II--COMMISSION ON INTERNATIONAL
RELIGIOUS FREEDOM
SEC. 102. REPORTS.
(a) * * *
* * * * * * *
(b) Annual Report on International Religious Freedom.
(1) * * *
* * * * * * *
(A) * * *
* * * * * * *
(B) Violations of religious freedom. An
assessment and description of the nature and
extent of violations of religious freedom in
each foreign country, including persecution of
one religious group by another religious group,
religious persecution by governmental and
nongovernmental entities, persecution targeted
at individuals or particular denominations or
entire religions, the existence of government
policies violating religious freedom, the
existence of discriminatory government policies
such as sect filters, and the existence of
government policies concerning--
* * * * * * *
SEC. 201. ESTABLISHMENT AND COMPOSITION.
* * * * * * *
(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
through 2005 to carry out the provisions of this title.
* * * * * * *
SEC. 209. TERMINATION.
The Commission shall terminate on [May 14, 2003] September
30, 2005.
* * * * * * *
U.S.-China Relations Act of 2000
* * * * * * *
TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC
OF CHINA
* * * * * * *
SEC. 302. FUNCTIONS OF THE COMMISSION.
(a) * * *
* * * * * * *
(h) Specific Information in Annual Reports.--The
Commission's report under subsection (g) [shall include
specific information] shall include--
(1) specific information as to the nature and
implementation of laws or policies concerning the
rights set forth in paragraphs (1) through (12) of
subsection (a), and as to restrictions applied to or
discrimination against persons exercising any of the
rights set forth in such paragraphs[.]; and
(2) a description fo the status of negotiations
between the Government of the People's Republic of
China and the Dalai Lama or his representatives, and
measures taken to safeguard Tibet's distinct
historical, religious, cultural, and linguistic
identity and the protection of human rights.
* * * * * * *
Foreign Service Buildings Act, 1926
* * * * * * *
SEC. 11.
* * * * * * *
(b)(1) * * *
* * * * * * *
(4) Bidder qualification under subsection (a) shall be
determined on the basis of nationality of ownership, the burden
of which shall be on the prospective bidder. Qualification
under subsection (a)(1) shall require evidence of (A)
performance of similar construction work in the United States
or at a United States diplomatic or consular establishment
abroad, and (B) either (i) ownership in excess of fifty percent
by United States citizens or permanent residents, or (ii)
incorporation in the United States for more than three years
and employment of United States citizens or permanent residents
in more than half of the corporation's permanent full-time
professional and managerial positions in the United States.
* * * * * * *
Omnibus Diplomatic Security
and Antiterrorism Act of 1986
* * * * * * *
SEC. 103. RESPONSIBILITY OF THE SECRETARY OF STATE.
(a) Security Functions.--(1) The Secretary of State shall
develop and implement (in consultation with the heads of other
Federal agencies having personnel or missions abroad where
appropriate and within the scope of the resources made
available) policies and programs, including funding levels and
standards, to provide for the security of United States
Government operations of a diplomatic nature and foreign
government operations of a diplomatic nature in the United
States. Such policies and programs shall include--
(A) protection of all United States Government
personnel on official duty abroad (other than Voice of
America correspondents on official assignment and those
personnel under the command of a United States area
military commander) and their accompanying dependents;
* * * * * * *
SEC. 402. DIPLOMATIC CONSTRUCTION PROGRAM.
* * * * * * *
(c) Definitions.--For the purposes of this section--
(1) * * *
(2) the term ``United States person'' means a person
which--
(A) * * *
* * * * * * *
(D) has performed within the United States or
at a United States diplomatic or consular
establishment abroad administrative and
technical, professional, or construction
services similar in complexity, type of
construction, and value to the project being
bid;
* * * * * * *
Omnibus Trade and Competitiveness Act of 1988
* * * * * * *
[SEC. 2202. COUNTRY REPORTS ON ECONOMIC POLICY AND TRADE PRACTICES.
[The Secretary of State shall, not later than January 31 of
each year, prepare and transmit to the Committee on Foreign
Affairs and the Committee on Ways and Means of the House of
Representatives, to the Committee on Foreign Relations and the
Committee on Finance of the Senate, and to other appropriate
committees of the Congress, a detailed report regarding the
economic policy and trade practices of each country with which
the United States has an economic or trade relationship. The
Secretary may direct the appropriate officers of the Department
of State who are serving overseas, in consultation with
appropriate officers or employees of other departments and
agencies of the United States, including the Department of
Agriculture and the Department of Commerce, to coordinate the
preparation of such information in a country as is necessary to
prepare the report under this section. The report shall
identify and describe, with respect to each country--
[(1) the macroeconomic policies of the country and
their impact on the overall growth in demand for United
States exports;
[(2) the impact of macroeconomic and other policies
on the exchange rate of the country and the resulting
impact on price competitiveness of United States
exports;
[(3) any change in structural policies (including tax
incentives, regulations governing financial
institutions, production standards, and patterns of
industrial ownership) that may affect the country's
growth rate and its demand for United States exports;
[(4) the management of the country's external debt
and its implications for trade with the United States;
[(5) acts, policies, and practices that constitute
significant barriers to United States exports or
foreign direct investment in that country by United
States persons, as identified under section 181(a)(1)
of the Trade Act of 1974 (19 U.S.C. 2241(a)(1));
[(6) acts, policies, and practices that provide
direct or indirect government support for exports from
that country, including exports by small businesses;
[(7) the extent to which the country's laws and
enforcement of those laws afford adequate protection to
United States intellectual property, including patents,
trademarks, copyrights, and mask works; and
[(8) the country's laws, enforcement of those laws,
and practices with respect to internationally
recognized worker rights (as defined in section 507(4)
of the Trade Act of 1974), the conditions of worker
rights in any sector which produces goods in which
United States capital is invested, and the extent of
such investment.]
* * * * * * *
United Nations Participation Act of 1945
* * * * * * *
SEC. 4.
(a) Periodic Reports.-- * * *
* * * * * * *
(e) Consultations and Reports on United Nations
Peacekeeping Operations.--
* * * * * * *
(5) Notification and quarterly reports regarding
united states assistance.--
(A) Notification of certain assistance.--
* * * * * * *
[(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) 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.
* * * * * * *
[(f)] (g) 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)] (h) 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. 11. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS REGULAR BUDGET.
None of the funds available to the Department of State shall
be used to pay the United States share of assessed
contributions for the regular budget of the United Nations in
an amount greater than 22 percent of the total of all assessed
contributions for that budget.
United Nations Reform Act of 1999
* * * * * * *
SEC. 912. OBLIGATION AND EXPENDITURE OF FUNDS.
* * * * * * *
(b) Obligation and Expenditure Upon Satisfaction of
Certification Requirements.-- * * *
* * * * * * *
(3) Amounts authorized to be appropriated for fiscal
year 2000[, upon the certification described in section
941] upon a certification described in section 941 with
respect to the United Nations or a particular
designated specialized agency, and immediately with
respect to organizations to which none of the
conditions in section 941(b) apply.
[(c) Advance Congressional Notification.--Funds made
available pursuant to section 911 may be obligated and expended
only if the appropriate certification has been submitted to the
appropriate congressional committees 30 days prior to the
payment of the funds.]
(c) Advance Congressional Notification.--Funds made available
pursuant to section 911 may be obligated and expended--
(1) after the appropriate certification has been
submitted to the appropriate congressional committees
prior to payment of the funds, in the case of a
certification submitted with respect to funds made
available for fiscal year 1999; or
(2) only if the appropriate certification has been
submitted to the appropriate congressional committees
15 days prior to payment of the funds, in the case of a
certification submitted with respect to funds made
available for fiscal year 2000.
* * * * * * *
CHAPTER 4--BUDGET AND PERSONNEL REFORM
SEC. 941. CERTIFICATION REQUIREMENTS.
(a) In General.--
(1) In general.--Except as provided in paragraph (2),
a certification described in this section is a
certification by the Secretary of State that the
conditions in subsection (b) are satisfied.
(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].
(3) Effect of specified certification.--Funds made
available under section 912(b)(3) upon a certification
made under this section with respect to the United
Nations or a particular designated specialized agency
shall be limited to that portion of the funds available
under that section that is allocated for the
organization with respect to which the certification is
made[ and for any other organization to which none of
the conditions in subsection (b) apply].
* * * * * * *
(b) Conditions.--The conditions under this subsection are
the following:
* * * * * * *
(3) [New budget procedures] Budget practices and
financial regulations 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.
* * * * * * *
The Departments of State, Justice, and Commerce, the Judiciary, and
Related Agencies Appropriations Act, 1973
* * * * * * *
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
[After] Subject to section 404(b)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 287e note), 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 (22
U.S.C. 287e note), 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 [(other
than United Nations peacekeeping operations) conducted]
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
* * * * * * *
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] 28.15 percent for any
single United Nations member.
* * * * * * *
Departments of Commerce, Justice and State, the Judiciary, and Related
Agencies Appropriation Act, 2000
* * * * * * *
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 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.
* * * * * * *
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies 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.]
* * * * * * *
International Center Act
* * * * * * *
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That: (a)
in order to facilitate the conduct of foreign relations by the
Department of State in Washington, District of Columbia,
through the creation of a more propitious atmosphere for the
establishment of foreign government and international
organization offices and other facilities, the Secretary of
State is authorized to develop in coordination with the
Administrator of General Services for, or to sell, exchange, or
lease; to foreign governments and international organizations
property owned by the United States in the Northwest sections
of the District of Columbia bounded by Connecticut Avenue, Yuma
Street, 36th Street, Reno Road, and Tilden Street, except that
portion of lot 802 in square 1964, the jurisdiction over which
was transferred to the District of Columbia for use as an
educational facility, upon such terms and conditions as the
Secretary may prescribe. Every lease, contract of sale, deed,
and other document of transfers shall provide [(a)] (1) that
the foreign government shall devote the property transferred to
use for legation purposes, or [(b)] (2) that the international
organization shall devote the property transferred to its
official uses.
(b) There is established in the Treasury of the United States
an account into which may be deposited funds provided as
advance payments pursuant to subsection (a).
(c) The Secretary of State may request the Secretary of the
Treasury to invest such portion of the funds deposited in that
account as is not, in the judgment of the Secretary of State,
required to meet the current needs of the account. Such
investments shall be made by the Secretary of the Treasury in
public debt securities with maturities suitable to the needs of
the account, as determined by the Secretary of State, and
bearing interest at a rate determined by the Secretary of the
Treasury, taking into consideration the current market yields
on outstanding marketable obligations of the United States of
comparable maturity.
* * * * * * *
Great Lakes Fisheries 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.
* * * * * * *
Fishermen's Protective Act of 1967
* * * * * * *
SEC. 7.
(a) * * *
(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 most 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.
Mutual Educational and Cultural
Exchange Act of 1961
* * * * * * *
SEC. 112.
(a) * * *
* * * * * * *
(g) Working Group on United States Government Sponsored
International Exchanges and Training.--(1) In order to carry
out the purposes of subsection (f) and to improve the
coordination, efficiency, and effectiveness of United States
Government-sponsored international exchanges and training,
there is established within the [United States Information
Agency] Department of State a senior-level interagency working
group to be known as the Working Group on United States
Government-Sponsored International Exchanges and Training (in
this section referred to as the ``Working Group'').
(2) For purposes of this subsection, the term ``Government-
sponsored international exchanges and training'' means the
movement of people between countries to promote the sharing of
ideas, to develop skills, and to foster mutual understanding
and cooperation, financed wholly or in part, directly or
indirectly, with United States Government funds.
(3) The Working Group shall be composed as follows:
(A) The Associate Director for Educational and
Cultural Affairs of the [United States Information
Agency] Department of State, who shall act as Chair.
[(B) A senior representative of the Department of
State, who shall be designated by the Secretary of
State.]
[(C)] (B) A senior representative of the Department
of Defense, who shall be designated by the Secretary of
Defense.
[(D)] (C) A senior representative of the Department
of Education, who shall be designated by the Secretary
of Education.
[(E)] (D) A senior representative of the Department
of Justice, who shall be designated by the Attorney
General.
[(F)] (E) A senior representative of the Agency for
International Development, who shall be designated by
the Administrator of the Agency.
[(G)] (F) Senior representatives of such other
departments and agencies as the Chair determines to be
appropriate.
* * * * * * *
(5) The Working Group shall be supported by an interagency
staff office established in the Bureau of Educational and
Cultural Affairs of the [United States Information Agency]
Department of State.
(6)(A) * * *
* * * * * * *
(G) Not later than 6 months after the date of the
enactment of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999, to report on the
feasibility and advisability of transferring funds and
program management for the ATLAS or the Mandela Fellows
programs, or both, in South Africa from the Agency for
International Development to the [United States
Information Agency] Department of State. The report
shall include an assessment of the capabilities of the
South African Fulbright Commission to manage such
programs and the cost effects of consolidating such
programs under one entity.
(7) All reports prepared by the Working Group shall be
submitted to the President, through the [Director of the United
States Information Agency] Secretary of State, acting through
the Under Secretary of State for Public Diplomacy.
* * * * * * *
SEC. 114. ALLOCATION OF FUNDS TRANSFERRED TO THE BUREAU OF EDUCATIONAL
AND CULTURAL AFFAIRS.
Of each amount transferred to the Bureau of Educational and
Cultural Affairs out of appropriations other than
appropriations under the heading ``Educational and Cultural
Exchange Programs'' for support of an educational or cultural
exchange program, notwithstanding any other provision of law,
not more than 7.5 percent shall be made available to cover
administrative expenses incurred in connection with support of
the program. Amounts made available to cover administrative
expenses shall be credited to the appropriations under the
heading ``Educational and Cultural Exchange Programs'' and
shall remain available until expended.
The Asia Foundation Act
* * * * * * *
FUNDING
[SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
[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.
* * * * * * *
Migration and Refugee Assistance Act of 1962
* * * * * * *
SEC. 2.
[(a) The President is hereby authorized to continue
membership for the United States in the International
Organization for Migration in accordance with its constitution
approved in Venice, Italy, on October 19, 1953, as amended in
Geneva, Switzerland, on May 20, 1987. For the purpose of
assisting in the movement of refugees and migrants and to
enhance the economic progress of the developing countries by
providing for a coordinated supply of selected manpower, there
are hereby authorized to be appropriated such amounts as may be
necessary from time to time for the payment by the United
States of its contributions to the Organization and all
necessary salaries and expenses incidental to United States
participation in the Organization.]
(a)(1) The President is authorized to continue membership for
the United States in the International Organization for
Migration in accordance with the constitution of such
organization approved in Venice, Italy, on October 19, 1953, as
amended in Geneva, Switzerland, on November 24, 1998, upon
entry into force of such amendments.
(2) For the purpose of assisting in the movement of refugees
and migrants, there are authorized to be appropriated to the
President such amounts as may be necessary from time to time
for payment by the United States of its contributions to the
International Organization for Migration and all necessary
salaries and expenses incidental to United States participation
in such organization.
* * * * * * *
Public Law 81-806
* * * * * * *
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 contributions is made. [The Secretary of State
shall report annually to the Congress on the extent and
disposition of such contributions.]
Title 5, United States Code
GOVERNMENT ORGANIZATION AND EMPLOYEES
* * * * * * *
SEC. 5313. POSITIONS AT LEVEL II.
Level II of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2 (2 U.S.C. 351), as adjusted by section 5318 of this
title:
Deputy Secretary of Defense.
Deputy Secretary of State.
[Deputy Secretary of State for Management and
Resources.]
* * * * * * *
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) * * *
(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
election of the employee, in lieu of the
transportation of the baggage of a dependent
from the dependent's school, the costs incurred
to store the baggage at or in the vicinity of
the school during the dependent's annual trip
between the school and the employee's duty
station may be paid or reimbursed to the
employee, except that the amount of the payment
or reimbursement may not exceed the cost that
the Government would incur to transport the
baggage. 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 residentce, who--
[(A) is located 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 United States Government
authorization is located outside the country of
employment; and
(B) requires medical treatment outside the
country of employment in circumstances
specified by the President in regulations.
* * * * * * *
Intercountry Adoption Act of 2000
* * * * * * *
TITLE IV--ADMINISTRATION AND ENFORCEMENT
* * * * * * *
SEC. 403. AUTHORIZATION OF APPROPRIATIONS; COLLECTION OF FEES.
(a) Authorization of Appropriations.--
* * * * * * *
(b) Assessment of Fees.--
(1) The Secretary may charge a fee for new or
enhanced services that will be undertaken by the
Department of State to meet the requirements of this
Act with respect to intercountry adoptions under the
Convention and comparable services with respect to
other intercountry adoptions. Such fee shall be
prescribed by regulation and shall not exceed the cost
of such services.
(2) Fees collected under paragraph (1) shall be
retained and deposited as an offsetting collection to
any Department of State appropriation to recover the
costs of providing such services. Such fees shall
remain available for obligation until expended.
[(3) Fees authorized under this section shall be
available for obligation only to the extent and in the
amount provided in advance in appropriations Acts.]
(c) Restriction.--No funds collected under the authority of
this section may be made available to an accrediting entity to
carry out the purposes of this Act.
* * * * * * *
Public Law 105-277d
An Act providing for a study regarding the equitable use of the waters
of the Rio Grande below Fort Quitman, Texas, in cooperation with the
United States of Mexico
SEC. 5.
Any moneys contributed by or received from the United
Mexican States, the North American Development Bank, or the
Border Environment Cooperation Commission for the purpose of
cooperating or assisting in carrying out the provisions of this
Act shall be made available for expenditure in connection with
an appropriation which may be made for the purposes of this
Act.
* * * * * * *