[107th Congress Public Law 228]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ228.107]
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FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 2003
[[Page 116 STAT. 1350]]
Public Law 107-228
107th Congress
An Act
To authorize appropriations for the Department of State for fiscal year
2003, to authorize appropriations under the Arms Export Control Act and
the Foreign Assistance Act of 1961 for security assistance for fiscal
year 2003, and for other purposes. <<NOTE: Sept. 30, 2002 - [H.R.
1646]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Foreign
Relations Authorization Act, Fiscal Year 2003.>>
SECTION 1. <<NOTE: 22 USC 2651 note.>> SHORT TITLE.
This Act may be cited as the ``Foreign Relations Authorization Act,
Fiscal Year 2003''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into two divisions as follows:
(1) Division a.--Department of State Authorization Act,
Fiscal Year 2003.
(2) Division b.--Security Assistance Act of 2002.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Definitions.
DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR 2003
Sec. 101. Short title.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
Sec. 111. Administration of foreign affairs.
Sec. 112. United States educational, cultural, and public diplomacy
programs.
Sec. 113. Contributions to international organizations.
Sec. 114. International Commissions.
Sec. 115. Migration and refugee assistance.
Sec. 116. Grants to The Asia Foundation.
Subtitle B--United States International Broadcasting Activities
Sec. 121. Authorizations of appropriations.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
Sec. 201. Emergency evacuation services.
Sec. 202. Special agent authorities.
Sec. 203. International Litigation Fund.
Sec. 204. State Department records of overseas deaths of United States
citizens from nonnatural causes.
Sec. 205. Foreign Relations Historical Series.
[[Page 116 STAT. 1351]]
Sec. 206. Expansion of eligibility for award of certain construction
contracts.
Sec. 207. International Chancery Center.
Sec. 208. Travel to Great Lakes fisheries meetings.
Sec. 209. Correction of Fishermen's Protective Act of 1967.
Sec. 210. Use of funds received by the International Boundary and Water
Commission.
Sec. 211. Fee collections relating to intercountry adoptions and
affidavits of support.
Sec. 212. Annual reports on compliance with The Hague Convention on the
Civil Aspects of International Child Abduction.
Sec. 213. Repeal of provision regarding housing for Foreign Agricultural
Attaches.
Sec. 214. United States policy with respect to Jerusalem as the capital
of Israel.
Sec. 215. Report concerning efforts to promote Israel's diplomatic
relations with other countries.
Sec. 216. Continuation of reporting requirements.
Subtitle B--Educational, Cultural, and Public Diplomacy Authorities
Sec. 221. Fulbright-Hays Act authorities.
Sec. 222. Extension of requirement for scholarships for Tibetans and
Burmese.
Sec. 223. Plan for achievement of public diplomacy objectives.
Sec. 224. Advisory Committee on Cultural Diplomacy.
Sec. 225. Allocation of funds for ``American Corners'' in the Russian
Federation.
Sec. 226. Report relating to Commission on Security and Cooperation in
Europe.
Sec. 227. Amendments to the Vietnam Education Foundation Act of 2000.
Sec. 228. Ethical issues in international health research.
Sec. 229. Conforming amendments.
Subtitle C--Consular Authorities
Sec. 231. Report on visa issuance to inadmissible aliens.
Sec. 232. Denial of entry into United States of Chinese and other
nationals engaged in coerced organ or bodily tissue
transplantation.
Sec. 233. Processing of visa applications.
Sec. 234. Machine readable visas.
Subtitle D--Migration and Refugees
Sec. 241. Prohibition on funding the involuntary return of refugees.
Sec. 242. United States membership in the International Organization for
Migration.
Sec. 243. Report on overseas refugee processing.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Subtitle A--Organizational Matters
Sec. 301. Comprehensive workforce plan.
Sec. 302. ``Rightsizing'' overseas posts.
Sec. 303. Qualifications of certain officers of the Department of State.
Subtitle B--Personnel Matters
Sec. 311. Thomas Jefferson Star for Foreign Service.
Sec. 312. Presidential rank awards.
Sec. 313. Foreign Service National Savings Fund.
Sec. 314. Clarification of separation for cause.
Sec. 315. Dependents on family visitation travel.
Sec. 316. Health education and disease prevention programs.
Sec. 317. Correction of time limitation for grievance filing.
Sec. 318. Training authorities.
Sec. 319. Unaccompanied air baggage.
Sec. 320. Emergency medical advance payments.
Sec. 321. Retirement credit for certain Government service performed
abroad.
Sec. 322. Computation of Foreign Service retirement annuities as if
Washington, D.C., locality-based comparability payments were
made to overseas-stationed Foreign Service members.
Sec. 323. Plan for improving recruitment of veterans into the Foreign
Service.
Sec. 324. Report concerning minority employment.
Sec. 325. Use of funds authorized for minority recruitment.
Sec. 326. Assignments and details of personnel to the American Institute
in Taiwan.
Sec. 327. Annual reports on foreign language competence.
Sec. 328. Travel of children of members of the Foreign Service assigned
abroad.
[[Page 116 STAT. 1352]]
TITLE IV--INTERNATIONAL ORGANIZATIONS
Sec. 401. Payment of third installment of arrearages.
Sec. 402. Limitation on the United States share of assessments for
United Nations peacekeeping operations in calendar years 2001
through 2004.
Sec. 403. Limitation on the United States share of assessments for
United Nations regular budget.
Sec. 404. Promotion of sound financial practices by the United Nations.
Sec. 405. Reports to Congress on United Nations activities.
Sec. 406. Use of secret ballots within the United Nations.
Sec. 407. Sense of Congress relating to membership of the United States
in UNESCO.
Sec. 408. United States membership on the United Nations Commission on
Human Rights and International Narcotics Control Board.
Sec. 409. Plan for enhanced Department of State efforts to place United
States citizens in positions of employment in the United
Nations and its specialized agencies.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
Sec. 501. Modification of limitation on grant amounts to RFE/RL,
Incorporated.
Sec. 502. Pay parity for senior executives of RFE/RL, Incorporated.
Sec. 503. Authority to contract for local broadcasting services outside
the United States.
Sec. 504. Personal services contracting pilot program.
Sec. 505. Travel by Voice of America correspondents.
Sec. 506. Report on broadcasting personnel.
Sec. 507. Conforming amendments.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Middle East Peace Commitments Act of 2002
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Reports.
Sec. 604. Imposition of sanctions.
Subtitle B--Tibet Policy
Sec. 611. Short title.
Sec. 612. Statement of purpose.
Sec. 613. Tibet negotiations.
Sec. 614. Reporting on Tibet.
Sec. 615. Congressional-Executive Commission on the People's Republic of
China.
Sec. 616. Economic development in Tibet.
Sec. 617. Release of prisoners and access to prisons.
Sec. 618. Establishment of a United States branch office in Lhasa,
Tibet.
Sec. 619. Requirement for Tibetan language training.
Sec. 620. Religious persecution in Tibet.
Sec. 621. United States Special Coordinator for Tibetan Issues.
Subtitle C--East Timor Transition to Independence Act of 2002
Sec. 631. Short title.
Sec. 632. Bilateral assistance.
Sec. 633. Multilateral assistance.
Sec. 634. Trade and investment assistance.
Sec. 635. Generalized System of Preferences.
Sec. 636. Authority for radio broadcasting.
Sec. 637. Security assistance for East Timor.
Sec. 638. Reporting requirement.
Subtitle D--Clean Water for the Americas Partnership
Sec. 641. Short title.
Sec. 642. Definitions.
Sec. 643. Establishment of program.
Sec. 644. Environmental assessment.
Sec. 645. Establishment of Technology America Centers.
Sec. 646. Promotion of water quality, water treatment systems, and
energy efficiency.
Sec. 647. Grants for prefeasibility studies within a designated
subregion.
Sec. 648. Clean Water Technical Support Committee.
Sec. 649. Authorization of appropriations.
Sec. 650. Report.
[[Page 116 STAT. 1353]]
Sec. 651. Termination date.
Sec. 652. Effective date.
Subtitle E--Freedom Investment Act of 2002
Sec. 661. Short title.
Sec. 662. Purposes.
Sec. 663. Human rights activities at the Department of State.
Sec. 664. Human Rights and Democracy Fund.
Sec. 665. Reports on actions taken by the United States to encourage
respect for human rights.
Subtitle F--Elimination and Streamlining of Reporting Requirements
Sec. 671. Elimination of certain reporting requirements.
Sec. 672. Biennial reports on programs to encourage good governance.
Subtitle G--Other Matters
Sec. 681. Amendments to the International Religious Freedom Act of 1998.
Sec. 682. Amendments to the Victims of Trafficking and Violence
Protection Act of 2000.
Sec. 683. Annual human rights country reports on child soldiers.
Sec. 684. Extension of authority for Caucus on International Narcotics
Control.
Sec. 685. Participation of South Asian countries in international law
enforcement.
Sec. 686. Payment of anti-terrorism judgments.
Sec. 687. Reports on participation by small businesses in procurement
contracts of USAID.
Sec. 688. Program to improve building construction and practices in
Latin American countries.
Sec. 689. Sense of Congress relating to HIV/AIDS and United Nations
peacekeeping operations.
Sec. 690. Sense of Congress relating to Magen David Adom Society.
Sec. 691. Sense of Congress regarding the location of Peace Corps
offices abroad.
Sec. 692. Sense of Congress relating to resolution of the Taiwan Strait
issue.
Sec. 693. Sense of Congress relating to display of the American flag at
the American Institute in Taiwan.
Sec. 694. Reports on activities in Colombia.
Sec. 695. Report on United States-sponsored activities in Colombia.
Sec. 696. Report on extradition policy and practice.
Sec. 697. Special Court for Sierra Leone.
Sec. 698. United States Envoy for Peace in Sudan.
Sec. 699. Transfer of proscribed weapons to persons or entities in the
West Bank and Gaza.
Sec. 700. Sense of Congress relating to arsenic contamination in
drinking water in Bangladesh.
Sec. 701. Policing reform and human rights in Northern Ireland.
Sec. 702. Annual reports on United States-Vietnam human rights dialogue
meetings.
Sec. 703. Sense of Congress regarding human rights violations in
Indonesia.
Sec. 704. Report concerning the German Foundation ``Remembrance,
Responsibility, and the Future''.
Sec. 705. Sense of Congress on return of portraits of holocaust victims
to the artist Dina Babbitt.
Sec. 706. International drug control certification procedures.
DIVISION B--SECURITY ASSISTANCE ACT OF 2002
TITLE X--GENERAL PROVISIONS
Sec. 1001. Short title.
Sec. 1002. Definitions.
TITLE XI--VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION AGREEMENTS
Sec. 1101. Verification and Compliance Bureau personnel.
Sec. 1102. Key Verification Assets Fund.
Sec. 1103. Revised verification and compliance reporting requirements.
TITLE XII--MILITARY AND RELATED ASSISTANCE
Subtitle A--Foreign Military Sales and Financing Authorities
Sec. 1201. Authorization of appropriations.
Sec. 1202. Relationship of Foreign Military Sales to United States
nonproliferation interests.
[[Page 116 STAT. 1354]]
Sec. 1203. Official reception and representation expenses.
Sec. 1204. Arms Export Control Act prohibition on transactions with
countries that have repeatedly provided support for acts of
international terrorism.
Sec. 1205. Congressional notification of small arms and light weapons
license approvals; reports.
Sec. 1206. Treatment of Taiwan relating to transfers of defense articles
and defense services.
Subtitle B--International Military Education and Training
Sec. 1211. Authorization of appropriations.
Sec. 1212. Human rights violations.
Sec. 1213. Participation in post-undergraduate flying training and
tactical leadership programs.
Subtitle C--Assistance for Select Countries
Sec. 1221. Assistance for Israel and Egypt.
Sec. 1222. Security assistance for Greece and Turkey.
Sec. 1223. Security assistance for certain other countries.
Sec. 1224. Assistance for Lebanon.
Subtitle D--Excess Defense Article and Drawdown Authorities
Sec. 1231. Excess defense articles for certain countries.
Sec. 1232. Annual listing of possible excess defense articles.
Sec. 1233. Leases of defense articles for foreign countries and
international organizations.
Sec. 1234. Priority with respect to transfer of excess defense articles.
Subtitle E--Other Political-Military Assistance
Sec. 1241. Destruction of surplus weapons stockpiles.
Subtitle F--Antiterrorism Assistance
Sec. 1251. Authorization of appropriations.
Subtitle G--Other Matters
Sec. 1261. Additions to United States War Reserve Stockpiles for Allies.
Sec. 1262. Revised military assistance reporting requirements.
Sec. 1263. Consultation with Congress with regard to Taiwan.
TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
Subtitle A--General Provisions
Sec. 1301. Authorization of appropriations.
Sec. 1302. Nonproliferation technology acquisition programs for friendly
foreign countries.
Sec. 1303. International nonproliferation and export control training.
Sec. 1304. Relocation of scientists.
Sec. 1305. International Atomic Energy Agency regular budget assessments
and voluntary contributions.
Sec. 1306. Amendments to the Iran Nonproliferation Act of 2000.
Sec. 1307. Amendments to the North Korea Threat Reduction Act of 1999.
Sec. 1308. Annual reports on the proliferation of missiles and essential
components of nuclear, biological, chemical, and radiological
weapons.
Sec. 1309. Three-year international arms control and nonproliferation
strategy.
Subtitle B--Russian Federation Debt Reduction for Nonproliferation
Sec. 1311. Short title.
Sec. 1312. Findings and purposes.
Sec. 1313. Definitions.
Sec. 1314. Authority to reduce the Russian Federation's Soviet-era debt
obligations to the United States.
Sec. 1315. Russian Federation Nonproliferation Investment Agreement.
Sec. 1316. Independent media and the rule of law.
Sec. 1317. Restriction on debt reduction authority.
Sec. 1318. Discussion of Russian Federation debt reduction for
nonproliferation with other creditor states.
Sec. 1319. Implementation of United States policy.
Sec. 1320. Consultations with Congress.
Sec. 1321. Annual reports to Congress.
Subtitle C--Nonproliferation Assistance Coordination
Sec. 1331. Short title.
[[Page 116 STAT. 1355]]
Sec. 1332. Findings.
Sec. 1333. Definitions.
Sec. 1334. Establishment of Committee on Nonproliferation Assistance.
Sec. 1335. Purposes and authority.
Sec. 1336. Administrative support.
Sec. 1337. Confidentiality of information.
Sec. 1338. Statutory construction.
Sec. 1339. Reporting and consultation.
Subtitle D--Iran Nuclear Proliferation Prevention Act of 2002
Sec. 1341. Short title.
Sec. 1342. Withholding of voluntary contributions to the International
Atomic Energy Agency for programs and projects in Iran.
Sec. 1343. Annual review by Secretary of State of programs and projects
of the International Atomic Energy Agency; United States
opposition to certain programs and projects of the Agency.
Sec. 1344. Reporting requirements.
Sec. 1345. Sense of Congress.
TITLE XIV--EXPEDITING THE MUNITIONS LICENSING PROCESS
Sec. 1401. License officer staffing.
Sec. 1402. Funding for database automation.
Sec. 1403. Information management priorities.
Sec. 1404. Improvements to the Automated Export System.
Sec. 1405. Adjustment of threshold amounts for congressional review
purposes.
Sec. 1406. Congressional notification of removal of items from the
Munitions List.
TITLE XV--NATIONAL SECURITY ASSISTANCE STRATEGY
Sec. 1501. Briefing on the strategy.
Sec. 1502. Security assistance surveys.
TITLE XVI--MISCELLANEOUS PROVISIONS
Sec. 1601. Nuclear and missile nonproliferation in South Asia.
Sec. 1602. Real-time public availability of raw seismological data.
Sec. 1603. Detailing United States governmental personnel to
international arms control and nonproliferation
organizations.
Sec. 1604. Diplomatic presence overseas.
Sec. 1605. Compliance with the Chemical Weapons Convention.
TITLE XVII--AUTHORITY TO TRANSFER NAVAL VESSELS
Sec. 1701. Authority to transfer naval vessels to certain foreign
countries.
SEC. 3. <<NOTE: 22 USC 2651 note.>> DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of State.
DIVISION A-- <<NOTE: Department of State Authorization Act, Fiscal Year
2003.>> DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR 2003
SEC. 101. <<NOTE: 22 USC 2651 note.>> SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act, Fiscal Year 2003''.
[[Page 116 STAT. 1356]]
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS.
(a) In General.--The following amounts are authorized to be
appropriated for the Department under ``Administration of Foreign
Affairs'' to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the United
States, and for other purposes authorized by law, including public
diplomacy activities and the diplomatic security program:
(1) Diplomatic and consular programs.--
(A) Authorization of appropriations.--For
``Diplomatic and Consular Programs'', $4,030,023,000 for
the fiscal year 2003.
(B) Worldwide security upgrades.--Of the amount
authorized to be appropriated by subparagraph (A),
$564,000,000 for the fiscal year 2003 is authorized to
be appropriated for worldwide security upgrades.
(C) Bureau of democracy, human rights, and labor.--
Of the amount authorized to be appropriated by
subparagraph (A), $20,000,000 for the fiscal year 2003
is authorized to be appropriated for salaries and
expenses of the Bureau of Democracy, Human Rights, and
Labor.
(D) Recruitment of minority groups.--Of the amount
authorized to be appropriated by subparagraph (A),
$2,000,000 for the fiscal year 2003 is authorized to be
appropriated for the recruitment of members of minority
groups for careers in the Foreign Service and
international affairs.
(2) Capital investment fund.--For ``Capital Investment
Fund'', $200,000,000 for the fiscal year 2003.
(3) Embassy security, construction and maintenance.--
(A) In general.--For ``Embassy Security,
Construction and Maintenance'', $555,000,000 for the
fiscal year 2003, in addition to amounts otherwise
authorized to be appropriated for such purpose by
section 604 of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal
Years 2000 and 2001 (as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in
appendix G of that Act; 113 Stat. 1501A-470).
(B) Amendment of the nance-donovan foreign relations
authorization Act.--Section 604(a)(4) of that Act (113
Stat. 1501A-453) <<NOTE: 22 USC 4865 note.>> is amended
by striking ``$900,000,000'' and inserting
``$1,000,000,000''.
(4) Representation allowances.--For ``Representation
Allowances'', $9,000,000 for the fiscal year 2003.
(5) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $11,000,000
for the fiscal year 2003.
[[Page 116 STAT. 1357]]
(6) Emergencies in the diplomatic and consular service.--For
``Emergencies in the Diplomatic and Consular Service'',
$15,000,000 for the fiscal year 2003.
(7) Repatriation loans.--For ``Repatriation Loans'',
$1,250,000 for the fiscal year 2003.
(8) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $18,817,000 for
the fiscal year 2003.
(9) Office of the inspector general.--For ``Office of the
Inspector General'', $30,800,000 for the fiscal year 2003.
(b) Availability of Funds for Protection of Foreign Missions and
Officials.--The amount appropriated pursuant to subsection (a)(5) is
authorized to remain available through September 30, 2004.
SEC. 112. UNITED STATES EDUCATIONAL, CULTURAL, AND PUBLIC DIPLOMACY
PROGRAMS.
The following amounts are authorized to be appropriated for the
Department to carry out public diplomacy programs of the Department
under the United States Information and Educational Exchange Act of
1948, the Mutual Educational and Cultural Exchange Act of 1961,
Reorganization Plan Number 2 of 1977, the Foreign Affairs Reform and
Restructuring Act of 1998, the Center for Cultural and Technical
Interchange Between East and West Act of 1960, the Dante B. Fascell
North-South Center Act of 1991, and the National Endowment for Democracy
Act, and to carry out other authorities in law consistent with such
purposes:
(1) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--
(i) In general.--For the ``Fulbright Academic
Exchange Programs'' (other than programs described
in subparagraph (B)), $135,000,000 for the fiscal
year 2003.
(ii) Vietnam fulbright academic exchange
program.--Of the amount authorized to be
appropriated by clause (i), $5,000,000 for the
fiscal year 2003 is authorized to be available to
carry out the Vietnam scholarship program
established by section 229 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and
1993 (Public Law 102-138).
(iii) New century scholars initiative--hiv/
aids.--Of the amount authorized to be appropriated
under clause (i), $1,000,000 for the fiscal year
2003 is authorized to be available for HIV/AIDS
research and mitigation strategies under the
Health Issues in a Border-Less World academic
program of the New Century Scholars Initiative.
(B) Other educational and cultural exchange
programs.--
(i) In general.--For other educational and
cultural exchange programs authorized by law,
$125,000,000 for the fiscal year 2003.
(ii) Tibetan exchanges.--Of the amount
authorized to be appropriated by clause (i),
$500,000 for the fiscal year 2003 is authorized to
be available for ``Ngawang Choephel Exchange
Programs'' (formerly known as ``programs of
educational and cultural
[[Page 116 STAT. 1358]]
exchange between the United States and the people
of Tibet'') under section 103(a) of the Human
Rights, Refugee, and Other Foreign Relations
Provisions Act of 1996 (Public Law 104-319).
(iii) East timorese scholarships.--Of the
amount authorized to be appropriated by clause
(i), $500,000 for the fiscal year 2003 is
authorized to be available for ``East Timorese
Scholarships''.
(iv) Montenegro parliamentary development.--Of
the amount authorized to be appropriated by clause
(i), $500,000 for the fiscal year 2003 is
authorized to be available for a program of
parliamentary development and exchanges in
Montenegro.
(v) South pacific exchanges.--Of the amount
authorized to be appropriated under clause (i),
$750,000 for the fiscal year 2003 is authorized to
be available for ``South Pacific Exchanges''.
(vi) Israel-arab peace partners program.--Of
the amount authorized to be appropriated under
clause (i), $750,000 for the fiscal year 2003 is
authorized to be available for people-to-people
activities (with a focus on young people) to
support the Middle East peace process involving
participants from Israel, the Palestinian
Authority, Arab countries, and the United States,
to be known as the ``Israel-Arab Peace Partners
Program''.
(vii) Sudanese scholarships.--Of the amount
authorized to be appropriated under clause (i),
$500,000 for the fiscal year 2003 is authorized to
be available for scholarships for students from
southern Sudan for secondary or postsecondary
education in the United States, to be known as
``Sudanese Scholarships''.
(2) National endowment for democracy.--
(A) In general.--For the ``National Endowment for
Democracy'', $42,000,000 for the fiscal year 2003.
(B) Reagan-fascell democracy fellows.--Of the amount
authorized to be appropriated under subparagraph (A),
$1,000,000 for the fiscal year 2003 is authorized to be
available for a fellowship program known as the
``Reagan-Fascell Democracy Fellows'', for democracy
activists and scholars from around the world at the
International Forum for Democratic Studies in
Washington, D.C., to study, write, and exchange views
with other activists and scholars and with Americans.
(3) Center for cultural and technical interchange between
east and west.--For the ``Center for Cultural and Technical
Interchange between East and West'', $15,000,000 for the fiscal
year 2003.
(4) Dante b. fascell north-south center.--For the ``Dante B.
Fascell North-South Center'', $2,500,000 for the fiscal year
2003.
SEC. 113. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) Assessed Contributions to International Organizations.--
[[Page 116 STAT. 1359]]
(1) Authorization of appropriations.--There is authorized to
be appropriated under the heading ``Contributions to
International Organizations'' $891,378,000 for the fiscal year
2003 for the Department to carry out the authorities, functions,
duties, and responsibilities in the conduct of the foreign
affairs of the United States with respect to international
organizations and to carry out other authorities in law
consistent with such purposes.
(2) Availability of funds for civil budget of nato.--Of the
amount authorized to be appropriated under the heading
``Contributions to International Organizations'' for fiscal year
2003, and for each fiscal year thereafter, such sums as may be
necessary are authorized for the United States assessment for
the civil budget of the North Atlantic Treaty Organization.
(b) Contributions for International Peacekeeping Activities.--There
is authorized to be appropriated under the heading ``Contributions for
International Peacekeeping Activities'' $725,981,000 for the fiscal year
2003 for the Department to carry out the authorities, functions, duties,
and responsibilities in the conduct of the foreign affairs of the United
States with respect to international peacekeeping activities and to
carry out other authorities in law consistent with such purposes.
(c) Prohibition on Funding Other Framework Treaty-Based
Organizations.--None of the funds made available for the 2002-2003
biennium budget under subsection (a) for United States contributions to
the regular budget of the United Nations may be available for the United
States proportionate share of any framework treaty-based organization,
including the Framework Convention on Global Climate Change, the
International Seabed Authority, and the International Criminal Court.
(d) Foreign Currency Exchange Rates.--
(1) Authorization of appropriations.--In addition to the
amount authorized to be appropriated by subsection (a), there is
authorized to be appropriated such sums as may be necessary for
the fiscal year 2003 to offset adverse fluctuations in foreign
currency exchange rates.
(2) Availability of funds.--Amounts appropriated under this
subsection may be available for obligation and expenditure only
to the extent that the Director of the Office of Management and
Budget determines and certifies to the appropriate congressional
committees that such amounts are necessary due to such
fluctuations.
(e) <<NOTE: 22 USC 287e note.>> Refund of Excess Contributions.--The
United States shall continue to insist that the United Nations and its
specialized and affiliated agencies shall credit or refund to each
member of the organization or agency concerned its proportionate share
of the amount by which the total contributions to the organization or
agency exceed the expenditures of the regular assessed budget of the
organization or agency.
SEC. 114. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
``International Commissions'' for the Department to carry out the
authorities, functions, duties, and responsibilities in the conduct of
the foreign affairs of the United States with respect to international
commissions, and for other purposes authorized by law:
[[Page 116 STAT. 1360]]
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'', $28,387,000 for
the fiscal year 2003; and
(B) for ``Construction'', $9,517,000 for the fiscal
year 2003.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States
and Canada'', $1,157,000 for the fiscal year 2003.
(3) International joint commission.--For ``International
Joint Commission'', $7,544,000 for the fiscal year 2003.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $19,780,000 for the
fiscal year 2003.
SEC. 115. MIGRATION AND REFUGEE ASSISTANCE.
(a) In General.--There is authorized to be appropriated for the
Department for ``Migration and Refugee Assistance'' for authorized
activities, $820,000,000 for the fiscal year 2003.
(b) Refugees Resettling in Israel.--Of the amount authorized to be
appropriated by subsection (a), $60,000,000 is authorized to be
available for the fiscal year 2003 for the resettlement of refugees in
Israel.
(c) Tibetan Refugees in India and Nepal.--Of the amount authorized
to be appropriated by subsection (a), $2,000,000 for the fiscal year
2003 is authorized to be available for humanitarian assistance,
including food, medicine, clothing, and medical and vocational training,
to Tibetan refugees in India and Nepal who have fled Chinese-occupied
Tibet.
(d) Humanitarian Assistance for Displaced Burmese.--Of the amount
authorized to be appropriated by subsection (a), $2,000,000 for the
fiscal year 2003 is authorized to be available for humanitarian
assistance (including food, medicine, clothing, and medical and
vocational training) to persons displaced as a result of civil conflict
in Burma, including persons still within Burma.
(e) Availability of Funds.--Funds appropriated pursuant to this
section are authorized to remain available until expended.
SEC. 116. GRANTS TO THE ASIA FOUNDATION.
Section 404 of The Asia Foundation Act (title IV of Public Law 98-
164; 22 U.S.C. 4403) is amended to read as follows:
``Sec. 404. There is authorized to be appropriated to the Secretary
of State $15,000,000 for the fiscal year 2003 for grants to The Asia
Foundation pursuant to this title.''.
Subtitle B--United States International Broadcasting Activities
SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated to carry out United States Government broadcasting
activities under the United States Information and Educational Exchange
Act of 1948, the United States International Broadcasting Act of 1994,
the Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba
Act, and the Foreign Affairs
[[Page 116 STAT. 1361]]
Reform and Restructuring Act of 1998, and to carry out other authorities
in law consistent with such purposes:
(1) International broadcasting operations.--
(A) In general.--For ``International Broadcasting
Operations'', $485,823,000 for the fiscal year 2003.
(B) Allocation of funds.--Of the amount authorized
to be appropriated by subparagraph (A) for the fiscal
year 2003, there is authorized to be available for Radio
Free Asia $35,000,000 for the fiscal year 2003.
(2) Broadcasting capital improvements.--For ``Broadcasting
Capital Improvements'', $13,740,000 for the fiscal year 2003.
(3) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$25,923,000 for the fiscal year 2003.
(b) Continuation of Additional Authorization for Broadcasting to the
People's Republic of China and Neighboring Countries.--Section 701 of
Public Law 106-286 (22 U.S.C. 7001) is amended--
(1) in subsection (a) by striking ``2001'' and inserting
``2003''; and
(2) in subsection (b)(1), by striking ``2001 and 2002'' and
inserting ``2001, 2002, and 2003''.
(c) Additional Authorization of Appropriations for Middle East Radio
Network of Voice of America.--In addition to such amounts as are made
available for the Middle East Radio Network of Voice of America pursuant
to the authorization of appropriations under subsection (a), there is
authorized to be appropriated $20,000,000 for the fiscal year 2003 for
the Middle East Radio Network of Voice of America.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
SEC. 201. EMERGENCY EVACUATION SERVICES.
Section 4(b)(2)(A) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2671(b)(2)(A)) is amended to read as follows:
``(A) the evacuation when their lives are endangered by war,
civil unrest, or natural disaster of--
``(i) United States Government employees and their
dependents; and
``(ii) private United States citizens or third-
country nationals, on a reimbursable basis to the
maximum extent practicable, with such reimbursements to
be credited to the applicable Department of State
appropriation and to remain available until expended,
except that no reimbursement under this clause shall be
paid that is greater than the amount the person
evacuated would have been charged for a reasonable
commercial air fare immediately prior to the events
giving rise to the evacuation;''.
[[Page 116 STAT. 1362]]
SEC. 202. SPECIAL AGENT AUTHORITIES.
(a) General Authority.--Section 37(a) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2709(a)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) obtain and execute search and arrest warrants, as well
as obtain and serve subpoenas and summonses issued under the
authority of the United States;'';
(2) in paragraph (3)(F), by inserting ``or President-elect''
after ``President''; and
(3) by amending paragraph (5) to read as follows:
``(5) make arrests without warrant for any offense against
the United States committed in their presence, or for any felony
cognizable under the laws of the United States if they have
reasonable grounds to believe that the person to be arrested has
committed or is committing such felony.''.
(b) Agreements.--Section 37(b) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2709(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking ``(b) Agreement.--'' and all that follows
through the end of paragraph (1) and inserting the following:
``(b) Agreements with Attorney General and Secretary of the Treasury
and Firearms Regulations.--
``(1) Agreement with attorney general.--The authority
conferred by paragraphs (1) and (4) of subsection (a) shall be
exercised subject to an agreement between the Secretary and the
Attorney General.
``(2) Agreement with attorney general and secretary of the
treasury.--The authority conferred by paragraphs (2) and (5) of
subsection (a) shall be exercised subject to an agreement among
the Secretary, the Attorney General, and the Secretary of the
Treasury.''.
(c) <<NOTE: 22 USC 2709 note.>> Implementation of Search, Seizure,
Service, and Arrest Authority.--(1) The authority conferred by
paragraphs (2) and (5) of section 37(a) of the State Department Basic
Authorities Act of 1956, as amended by subsection (a), may not be
exercised until the date on which the Secretary--
(A) submits the agreement required by subsection (b)(2) of
section 37 of such Act to the appropriate congressional
committees; and
(B) <<NOTE: Federal Register, publication.>> publishes in
the Federal Register a notice that the agreement has been
submitted in accordance with the requirements of subparagraph
(A).
(2) The authority conferred by paragraphs (2) and (5) of subsection
(a) of section 37 of the State Department Basic Authorities Act of 1956,
as in effect on the day before the date of the enactment of this Act,
may continue to be exercised until the date on which the notice
described in paragraph (1)(B) is published in the Federal Register.
SEC. 203. INTERNATIONAL LITIGATION FUND.
Section 38 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2710) is amended by adding at the end the following new
subsection:
``(e) Retention of Funds.--
``(1) In general.--To reimburse the expenses of the United
States Government in preparing or prosecuting a proceeding
before an international tribunal, or a claim against a foreign
[[Page 116 STAT. 1363]]
government or other foreign entity, the Secretary may retain 1.5
percent of any amount between $100,000 and $5,000,000, and one
percent of any amount over $5,000,000, received per claim under
chapter 34 of the Act of February 27, 1896 (22 U.S.C. 2668a; 29
Stat. 32).
``(2) Treatment.--Amounts retained under the authority of
paragraph (1) shall be deposited into the fund under subsection
(d).''.
SEC. 204. STATE DEPARTMENT RECORDS OF OVERSEAS DEATHS OF UNITED STATES
CITIZENS FROM NONNATURAL CAUSES.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by adding at the end the following new
section:
``SEC. 57. <<NOTE: 22 USC 2729.>> STATE DEPARTMENT RECORDS OF OVERSEAS
DEATHS OF UNITED STATES CITIZENS FROM NONNATURAL CAUSES.
``(a) Collection of Information.--The Secretary shall, to the
maximum extent practicable, collect, with respect to each foreign
country, the following information with respect to each United States
citizen who dies in that country from a nonnatural cause on or after the
date of enactment of the Foreign Relations Authorization Act, Fiscal
Year 2003:
``(1) The date of death.
``(2) The locality where the death occurred (including the
state or province and municipality, if available).
``(3) The cause of death, including information on the
circumstances of the death, and including, if the death resulted
from an act of terrorism, a statement disclosing that
information.
``(4) Such other information as the Secretary shall
prescribe.
``(b) Database.--The Secretary shall establish and maintain a
database containing the information collected under subsection (a).
``(c) Public Availability of Information.--Beginning three months
after the date of enactment of the Foreign Relations Authorization Act,
Fiscal Year 2003, the Secretary, shall make available, on a country-by-
country basis, on the Internet website of the Department's Bureau of
Consular Affairs, the information from the database described in
subsection (b) with respect to deaths occurring since the date of
enactment of that Act, or occurring during the preceding three calendar
years, whichever period is shorter. The information shall be updated at
least every six months.''.
SEC. 205. FOREIGN RELATIONS HISTORICAL SERIES.
(a) Annual Reports by the Advisory Committee.--Section 404(d) of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 4354(d)) is
amended--
(1) by striking ``Reporting Requirement.--'' and inserting
``Annual Reports by the Advisory Committee.--''; and
(2) by inserting ``and to the Committee on Foreign Relations
of the Senate and the Committee on International Relations of
the House of Representatives'' after ``Secretary of State''.
(b) Annual Reports by the Secretary.--Section 404(e) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 4354(e)) is amended
to read as follows:
[[Page 116 STAT. 1364]]
``(e) Annual Reports by the Secretary.--
``(1) <<NOTE: Deadline.>> In general.--Not later than March
1 of each year, the Secretary shall submit a report to the
Committee on Foreign Relations of the Senate and the Committee
on International Relations of the House of Representatives on
the compliance of the Department of State with the provisions of
this title, including--
``(A) the volumes published in the previous calendar
year;
``(B) the degree to which the Department is not in
compliance with the deadline set forth in section
401(c); and
``(C) the factors relevant to the inability of the
Department to comply with the provisions of this title,
including section 401(c).
``(2) Form of reports.--Each report required to be submitted
by paragraph (1) shall be submitted in unclassified form,
together with a classified annex if necessary.''.
SEC. 206. EXPANSION OF ELIGIBILITY FOR AWARD OF CERTAIN CONSTRUCTION
CONTRACTS.
(a) In General.--Section 11(b)(4)(A) of the Foreign Service
Buildings Act, 1926 (22 U.S.C. 302(b)(4)(A)) is amended by inserting
``or at a United States diplomatic or consular establishment abroad''
after ``United States''.
(b) Conforming Amendment.--Section 402(c)(2)(D) of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4852(c)(2)(D)) is amended by inserting ``or at a United States
diplomatic or consular establishment abroad'' after ``United States''.
SEC. 207. INTERNATIONAL CHANCERY CENTER.
Section 1 of the Act of October 8, 1968 (Public Law 90-553, as
amended; <<NOTE: 82 Stat. 958.>> commonly known as the ``International
Center Act'') is amended--
(1) by redesignating clauses (a) and (b) as clauses (1) and
(2), respectively;
(2) by inserting ``(a)'' after ``That''; and
(3) by adding at the end the following new subsections:
``(b) There is established in the Treasury of the United States an
account into which may be deposited funds provided as advance payments
pursuant to subsection (a).
``(c) The Secretary of State may request the Secretary of the
Treasury to invest such portion of the funds deposited in that account
as is not, in the judgment of the Secretary of State, required to meet
the current needs of the account. Such investments shall be made by the
Secretary of the Treasury in public debt securities with maturities
suitable to the needs of the account, as determined by the Secretary of
State, and bearing interest at a rate determined by the Secretary of the
Treasury, taking into consideration the current market yields on
outstanding marketable obligations of the United States of comparable
maturity.''.
SEC. 208. TRAVEL TO GREAT LAKES FISHERIES MEETINGS.
Section 4(c) of the Great Lakes Fisheries Act of 1956 (16 U.S.C.
933(c)) is amended--
(1) by striking ``five'' and inserting ``ten''; and
(2) by striking ``each'' and inserting ``the annual''.
[[Page 116 STAT. 1365]]
SEC. 209. CORRECTION OF FISHERMEN'S PROTECTIVE ACT OF 1967.
Section 7(a)(3) of the Fishermen's Protective Act of 1967 (22 U.S.C.
1977(a)(3)) is amended by striking ``Secretary of Commerce'' and
inserting ``Secretary of State''.
SEC. 210. USE OF FUNDS RECEIVED BY THE INTERNATIONAL BOUNDARY AND WATER
COMMISSION.
Section 5 of the Act entitled ``An Act providing for a study
regarding the equitable use of the waters of the Rio Grande below Fort
Quitman, Texas, in cooperation with the United States of Mexico'',
approved May 13, 1924 (22 U.S.C. 277d), is amended by inserting ``, the
North American Development Bank, or the Border Environment Cooperation
Commission'' after ``United Mexican States''.
SEC. 211. FEE COLLECTIONS RELATING TO INTERCOUNTRY ADOPTIONS AND
AFFIDAVITS OF SUPPORT.
(a) Adoption Fees.--Section 403(b) of the Intercountry Adoption Act
of 2000 (Public Law 106-279) <<NOTE: 42 USC 14943.>> is amended--
(1) in paragraph (2), by adding at the end the following new
sentence: ``Such fees shall remain available for obligation
until expended.''; and
(2) by striking paragraph (3).
(b) Affidavit of Support Fees.--Section 232 of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (as enacted into law by section 1000(a)(7) of Public Law
106-113 and contained in appendix G of that Act; 113 <<NOTE: 8 USC 1183a
note.>> Stat. 1501A-425) is amended--
(1) in subsection (c), by adding at the end the following
new sentence: ``Such fees shall remain available for obligation
until expended.''; and
(2) by striking subsection (d).
SEC. 212. ANNUAL REPORTS ON COMPLIANCE WITH THE HAGUE CONVENTION ON THE
CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION.
Section 2803(a) of the Foreign Affairs Reform and Restructuring Act
of 1998 (as contained in division G of Public Law 105-277; 112 Stat.
2681-846) <<NOTE: 42 USC 11601 note.>> is amended by striking ``during
the period ending September 30, 2001''.
SEC. 213. REPEAL OF PROVISION REGARDING HOUSING FOR FOREIGN AGRICULTURAL
ATTACHES.
Section 738 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001 (as
enacted into law by Public Law 106-387; 114 Stat. 1549A-34) <<NOTE: 7
USC 1765d-1.>> is repealed.
SEC. 214. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS THE CAPITAL
OF ISRAEL.
(a) Congressional Statement of Policy.--The Congress maintains its
commitment to relocating the United States Embassy in Israel to
Jerusalem and urges the President, pursuant to the Jerusalem Embassy Act
of 1995 (Public Law 104-45; 109 Stat. 398), to immediately begin the
process of relocating the United States Embassy in Israel to Jerusalem.
(b) Limitation on Use of Funds for Consulate in Jerusalem.--None of
the funds authorized to be appropriated by this
[[Page 116 STAT. 1366]]
Act may be expended for the operation of a United States consulate or
diplomatic facility in Jerusalem unless such consulate or diplomatic
facility is under the supervision of the United States Ambassador to
Israel.
(c) Limitation on Use of Funds for Publications.--None of the funds
authorized to be appropriated by this Act may be available for the
publication of any official government document which lists countries
and their capital cities unless the publication identifies Jerusalem as
the capital of Israel.
(d) Record of Place of Birth as Israel for Passport Purposes.--For
purposes of the registration of birth, certification of nationality, or
issuance of a passport of a United States citizen born in the city of
Jerusalem, the Secretary shall, upon the request of the citizen or the
citizen's legal guardian, record the place of birth as Israel.
SEC. 215. REPORT CONCERNING EFFORTS TO PROMOTE ISRAEL'S DIPLOMATIC
RELATIONS WITH OTHER COUNTRIES.
(a) Findings.--The Congress makes the following findings:
(1) Israel is a friend and ally of the United States whose
security is vital to regional stability and United States
interests.
(2) Israel currently maintains diplomatic relations with
approximately 160 countries. Approximately 30 countries do not
have any diplomatic relations with Israel.
(3) The State of Israel has been actively seeking to
establish formal relations with a number of countries.
(4) The United States should assist its ally, Israel, in its
efforts to establish diplomatic relations.
(5) After more than 50 years of existence, Israel deserves
to be treated as an equal nation by its neighbors and the world
community.
(b) Report Concerning United States Efforts
to <<NOTE: Deadline.>> Promote Israel's Diplomatic Relations With Other
Countries.--Not later than 60 days after the date of the enactment of
this Act, the Secretary shall submit a report to the appropriate
congressional committees that includes the following information (in
classified or unclassified form, as appropriate):
(1) Actions taken by the United States to encourage other
countries to establish full diplomatic relations with Israel.
(2) Specific responses solicited and received by the
Secretary from countries that do not maintain full diplomatic
relations with Israel with respect to the status of negotiations
to enter into diplomatic relations with Israel.
(3) Other measures being undertaken, and measures that will
be undertaken, by the United States to ensure and promote
Israel's full participation in the world diplomatic community.
SEC. 216. CONTINUATION OF REPORTING REQUIREMENTS.
(a) Reports on Claims by United States Firms Against the Government
of Saudi Arabia.--Section 2801(b)(1) of the Foreign Affairs Reform and
Restructuring Act of 1998 (as enacted by division G of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999; Public
Law 105-277) <<NOTE: 22 USC 6091 note.>> is amended by striking
``seventh'' and inserting ``eleventh''.
(b) Reports on Determinations Under Title IV of the Libertad Act.--
Section 2802(a) of the Foreign Affairs Reform and Restructuring Act of
1998 (as enacted by division G of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act,
[[Page 116 STAT. 1367]]
1999; Public Law 105-277) <<NOTE: 112 Stat. 2681-845.>> is amended by
striking ``September 30, 2001,'' and inserting ``September 30, 2003,''.
(c) Report on Terrorist Activity in Which United States Citizens
Were Killed and Related Matters.--Section 805(a) of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (section 805(a) of division A of H.R. 3427, as enacted
into law by section 1000(a)(7) of Public Law 106-113; appendix G; 113
Stat. 1501A-470) <<NOTE: 22 USC 2656f note.>> is amended by striking
``Not later'' and all that follows through ``2001,'' and inserting ``Not
later than May 1, 2003, and not later than May 1, 2004,''.
Subtitle B--Educational, Cultural, and Public Diplomacy Authorities
SEC. 221. FULBRIGHT-HAYS ACT AUTHORITIES.
Section 112(d) of the Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2460(d)) is amended--
(1) by inserting ``(1)'' immediately after ``(d)''; and
(2) by adding at the end the following:
``(2) Notwithstanding paragraph (1), the Bureau may also exercise
the authorities of this Act to administer programs authorized by, or
funded pursuant to, the FREEDOM Support Act, the Support for East
European Democracy Act, the Foreign Assistance Act of 1961, or any other
Act authorizing educational or cultural exchanges or activities, to the
extent that such programs are consistent with the purposes of this
Act.''.
SEC. 222. EXTENSION OF REQUIREMENT FOR SCHOLARSHIPS FOR TIBETANS AND
BURMESE.
Section 103(b)(1) of the Human Rights, Refugee, and Other Foreign
Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C. 2151
note) <<NOTE: 22 USC 2452 note.>> is amended by striking ``for the
fiscal year 2000'' and inserting ``for the fiscal year 2003''.
SEC. 223. PLAN FOR ACHIEVEMENT OF PUBLIC DIPLOMACY OBJECTIVES.
Not later than 180 days after the date of enactment of this Act, the
Secretary shall submit to the appropriate congressional committees a
report containing a plan for the Department designed to achieve the
following objectives:
(1) Full integration of public diplomacy policy into overall
policy formulation and implementation.
(2) Closer communication and policy coordination between
public diplomacy officers and other officers in the regional
bureaus of the Department and at overseas posts.
(3) The creation of channels of direct communication between
the public diplomacy officers in regional bureaus of the
Department and the Under Secretary of State for Public
Diplomacy.
(4) Minimizing any adverse consequences of public diplomacy
officers in country posts reporting to the regional bureaus of
the Department.
[[Page 116 STAT. 1368]]
SEC. 224. ADVISORY COMMITTEE ON <<NOTE: 22 USC 2451 note.>> CULTURAL
DIPLOMACY.
(a) Establishment.--There is established an Advisory Committee on
Cultural Diplomacy (in this section referred to as the ``Advisory
Committee''), which shall be composed of nine members, as follows:
(1) The Under Secretary of State for Public Diplomacy, who
shall serve as Chair.
(2) The Assistant Secretary of State for Educational and
Cultural Affairs.
(3) Seven members appointed pursuant to subsection (c).
(b) Duties.--The Advisory Committee shall advise the Secretary on
programs and policies to advance the use of cultural diplomacy in United
States foreign policy. The Advisory Committee shall, in particular,
provide advice to the Secretary on--
(1) increasing the presentation abroad of the finest of the
creative, visual, and performing arts of the United States; and
(2) strategies for increasing public-private partnerships to
sponsor cultural exchange programs that promote the national
interests of the United States.
(c) Appointments.--The members of the Advisory Committee shall be
appointed by the Secretary, not more than four of whom shall be from the
same political party, from among distinguished Americans with a
demonstrated record of achievement in the creative, visual, and
performing arts, or international affairs. No officer or employee of the
United States shall be appointed to the Advisory Committee.
(d) Vacancies.--A vacancy in the membership of the Advisory
Committee shall be filled in the same manner as provided under this
subsection to make the original appointment.
(e) Meetings.--A majority of the members of the Advisory Committee
shall constitute a quorum. The Advisory Committee shall meet at least
twice each year or as frequently as may be necessary to carry out its
duties.
(f) Administrative Support.--The Secretary is authorized to provide
the Advisory Committee with necessary administrative support from among
the staff of the Bureau of Educational and Cultural Affairs of the
Department.
(g) Compensation.--Members of the Advisory Committee shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from their homes or
regular places of business in the performance of services of the
Advisory Committee.
(h) Exemption From Federal Advisory Committee Act.--The Federal
Advisory Committee Act shall not apply to the Advisory Committee to the
extent that the provisions of this section are inconsistent with that
Act.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Department such sums as may be necessary to carry
out this section.
(j) Termination.--The Advisory Committee shall terminate September
30, 2005.
[[Page 116 STAT. 1369]]
SEC. 225. ALLOCATION OF FUNDS FOR ``AMERICAN CORNERS'' IN THE RUSSIAN
FEDERATION.
(a) Finding.--Congress finds that joint ventures with host libraries
in the Russian Federation known as ``American Corners'' are an effective
means--
(1) to provide information about United States history,
government, society, and values;
(2) to provide access to computers and the Internet; and
(3) to leverage United States assistance and exchange
programs in the Russian Federation.
(b) Allocation of Funds.--Of the amount authorized to be
appropriated by section 112(1)(B) of this Act for the fiscal year 2003,
$500,000 is authorized to be available for ``American Corner'' centers
operating in the Russian Federation.
SEC. 226. REPORT RELATING TO COMMISSION ON SECURITY AND COOPERATION IN
EUROPE.
Section 5 of the Act entitled ``An Act to establish a Commission on
Security and Cooperation in Europe'' (22 U.S.C. 3005) is amended to read
as follows:
``Sec. 5. In order to assist the Commission in carrying out its
duties, the Secretary of State shall submit to the Commission an annual
report discussing the overall United States policy objectives that are
advanced through meetings of decision-making bodies of the Organization
for Security and Cooperation in Europe (OSCE), the OSCE implementation
review process, and other activities of the OSCE. The report shall also
include a summary of specific United States policy objectives with
respect to participating states where there is particular concern
relating to the implementation of OSCE commitments or where an OSCE
presence exists. Such summary shall address the role played by OSCE
institutions, mechanisms, or field activities in achieving United States
policy objectives. <<NOTE: Deadline.>> Each annual report shall cover
the period from January 1 to December 31, shall be submitted not more
than 90 days after the end of the reporting period, and shall be posted
on the Internet website of the Department of State.''.
SEC. 227. <<NOTE: 22 USC 2452 note.>> AMENDMENTS TO THE VIETNAM
EDUCATION FOUNDATION ACT OF 2000.
(a) Purposes of the Act.--Section 202 of the Vietnam Education
Foundation Act of 2000 (title II of division B of H.R. 5666, as enacted
by section 1(a)(4) of Public Law 106-554 and contained in appendix D of
that Act; 114 Stat. 2763A-255) is amended--
(1) in paragraph (1)(A), by inserting ``in the United
States'' after ``technology)''; and
(2) in paragraph (1)(B), by striking ``appropriate
Vietnamese institutions'' and inserting ``academic institutions
in Vietnam''.
(b) Election of the Chair.--Section 205(c) of such Act is amended by
inserting ``voting members of the'' after ``The''.
(c) Duties of the Board.--Section 205(e) of such Act is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) provide overall supervision and direction of the
Foundation;
[[Page 116 STAT. 1370]]
``(2) establish criteria for the eligibility of applicants,
including criteria established by section 206(b), and for the
selection of fellowship recipients; and
``(3) select the fellowship recipients.''.
(d) Treatment of Presidential Appointees to the Board of
Directors.--Section 205 of such Act is amended--
(1) in subsection (f)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Except as provided in paragraphs (2) and
(3), each member of the Board shall serve without
compensation.''; and
(B) by adding at the end the following new
paragraph:
``(3) Compensation of presidential appointees.--The members
of the Board appointed under subsection (a)(6) shall be paid at
the daily equivalent of the rate of basic pay payable for
positions at level V of the Executive Schedule under section
5316 of title 5, United States Code, for each day (including
travel time) during which the member is engaged in the actual
performance of duties as a Board member.''; and
(2) by adding at the end the following new subsection:
``(g) Treatment of Presidential Appointees as Special Government
Employees.--The members of the Board appointed under subsection (a)(6)
shall be special Government employees, as defined in section 202(a) of
title 18, United States Code.''.
(e) Travel Regulations.--Section 205 of such Act, as amended by
subsection (d), is further amended by adding at the end the following
new subsection:
``(h) Travel Regulations.--Members of the Board shall be subject to
the same travel regulations as apply to officers and employees of the
Department of State.''.
(f) Vacancies.--Section 205(b) of such Act is amended by adding at
the end the following new paragraph:
``(3)(A) Any member appointed to fill a vacancy prior to the
expiration of the term for which his or her predecessor was appointed
shall be appointed for the remainder of such term.
``(B) Upon the expiration of his or her term of office, any member
may continue to serve until a successor is appointed.''.
(g) English Proficiency.--Section 206(a)(2) of such Act is amended
to read as follows:
``(2) Scientific and technical vocabulary in english.--
Fellowships awarded to Vietnamese nationals under paragraph (1)
may include funding to improve English proficiency in a
fellowship recipient's field of study.''.
(h) Selection Criteria.--Section 206(b) of such Act is amended--
(1) in paragraph (1), by striking ``Vietnamese candidates
for fellowships'' and inserting ``Fellowship candidates from
Vietnam''; and
(2) in paragraph (2), by striking ``teaching candidates''
and inserting ``candidates for teaching fellowships''.
(i) Annual Report.--Such Act is amended--
(1) in section 207(d), by striking ``Board'' and inserting
``Secretary of the Treasury''; and
(2) in section 209(b)--
(A) by striking ``Foundation'' and inserting
``Board''; and
[[Page 116 STAT. 1371]]
(B) by striking ``its operations under this title''
and inserting ``the operations of the Foundation under
this title, including the financial condition of the
Foundation''.
(j) Compensation of Executive Director.--Section 208(d) of such Act
is amended by striking ``level V of the Executive Schedule under section
5316'' and inserting ``level IV of the Executive Schedule under section
5315''.
(k) Clerical Corrections.--Such Act is amended--
(1) in section 206(d)--
(A) in the subsection heading, by striking
``Matching'' and inserting ``Cost-Sharing''; and
(B) by striking ``matching'' and inserting ``cost-
sharing'';
(2) in section 206(e)--
(A) by striking ``proficiency'' and inserting
``progress''; and
(B) by inserting before the period at the end the
following: ``and applicable law'';
(3) in section 208(a), by striking ``Secretary'' and
inserting ``Director'';
(4) in section 208(d), by striking ``title V'' and inserting
``title 5''; and
(5) in section 209(a)(5), by striking ``District of
Columbia'' and inserting ``metropolitan Washington, D.C.,
area''.
SEC. 228. <<NOTE: 22 USC 2464.>> ETHICAL ISSUES IN INTERNATIONAL HEALTH
RESEARCH.
(a) In General.--The Secretary shall make available funds for
international exchanges to provide opportunities to researchers in
developing countries to participate in activities related to ethical
issues in human subject research, as described in subsection (c).
(b) Coordination With Other Programs.--The Secretary shall
coordinate programs conducted pursuant to this section with similar
programs that may be conducted by the United States Agency for
International Development and other Federal agencies as part of United
States international health programs, particularly with respect to
research and treatment of infectious diseases.
(c) Ethical Issues in Human Subject Research.--For purposes of
subsection (a), the phrase ``activities related to ethical issues in
human subject research'' includes courses of study, conferences, and
fora on development of and compliance with international ethical
standards for clinical trials involving human subjects, particularly
with respect to responsibilities of researchers to individuals and local
communities participating in such trials, and on management and
monitoring of such trials based on such international ethical standards.
SEC. 229. CONFORMING AMENDMENTS.
Section 112(g) of the Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2460(g)) is amended--
(1) in paragraph (1), by striking ``United States
Information Agency'' and inserting ``Department of State'';
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``Associate
Director for Educational and Cultural Affairs of the
United States Information Agency'' and inserting
``Assistant Secretary of State for Educational and
Cultural Affairs'';
(B) by striking subparagraph (B); and
[[Page 116 STAT. 1372]]
(C) by redesignating subparagraphs (C), (D), (E),
(F), and (G) as subparagraphs (B), (C), (D), (E), and
(F), respectively;
(3) in paragraph (5), by striking ``United States
Information Agency'' and inserting ``Department of State'';
(4) in paragraph (6)(G), by striking ``United States
Information Agency'' and inserting ``Department of State''; and
(5) in paragraph (7), by striking ``Director of the United
States Information Agency'' and inserting ``Secretary of State,
acting through the Under Secretary of State for Public
Diplomacy''.
Subtitle C--Consular Authorities
SEC. 231. REPORT ON VISA ISSUANCE TO INADMISSIBLE ALIENS.
Section 51(a) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2723(a)) is amended--
(1) by inserting ``(1) Denial of visas.--'' before ``The
Secretary''; and
(2) by adding at the end the following:
``(2) Visa issuance to inadmissible aliens.--The Secretary
shall, on a semiannual basis, submit to the appropriate
committees of the Congress a report describing every instance
during the period covered by the report in which a consular post
or the Visa Office of the Department of State issued an
immigrant or nonimmigrant visa to an alien who is inadmissible
to the United States based upon terrorist activity or failed to
object to the issuance of an immigrant or nonimmigrant visa to
an alien notwithstanding any such ground of inadmissibility. The
report shall set forth the name and nationality of the alien,
the issuing post, and a brief factual statement of the basis for
issuance of the visa or the failure to object. The report may be
submitted in classified or unclassified form.''.
SEC. 232. <<NOTE: 8 USC 1182f.>> DENIAL OF ENTRY INTO UNITED STATES OF
CHINESE AND OTHER NATIONALS ENGAGED IN COERCED ORGAN OR
BODILY TISSUE TRANSPLANTATION.
(a) Denial of Entry.--Notwithstanding any other provision of law and
except as provided in subsection (b), the Secretary shall direct
consular officers not to issue a visa to any person whom the Secretary
finds, based on credible and specific information, to have been directly
involved with the coercive transplantation of human organs or bodily
tissue, unless the Secretary has substantial grounds for believing that
the foreign national has discontinued his or her involvement with, and
support for, such practices.
(b) Exception.--The prohibitions in subsection (a) do not apply to
an applicant who is a head of state, head of government, or cabinet-
level minister.
(c) Waiver.--The Secretary may waive the prohibitions in subsection
(a) with respect to a foreign national if the Secretary--
(1) determines that it is important to the national interest
of the United States to do so; and
(2) <<NOTE: Deadline.>> not later than 30 days after the
issuance of a visa, provides written notification to the
appropriate congressional committees containing a justification
for the waiver.
[[Page 116 STAT. 1373]]
SEC. 233. <<NOTE: 8 USC 1201 note.>> PROCESSING OF VISA APPLICATIONS.
(a) In <<NOTE: Deadline.>> General.--It shall be the policy of the
Department to process each visa application from an alien classified as
an immediate relative or as a K-1 nonimmigrant within 30 days of the
receipt of all necessary documents from the applicant and the
Immigration and Naturalization Service. In the case of an immigrant visa
application where the petitioner is a relative other than an immediate
relative, it should be the policy of the Department to process such an
application within 60 days of the receipt of all necessary documents
from the applicant and the Immigration and Naturalization Service.
(b) Definitions.--In this section:
(1) Immediate relative.--The term ``immediate relative'' has
the meaning given the term in section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).
(2) K-1 nonimmigrant.--The term ``K-1 nonimmigrant'' means a
nonimmigrant alien described in section 101(a)(15)(K)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(i)).
SEC. 234. MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (8 U.S.C. 1351 note) is amended by adding at the end
the following:
``(3) For the fiscal year 2003, any amount that exceeds
$460,000,000 may be made available only if a notification is
submitted to Congress in accordance with the procedures
applicable to reprogramming notifications under section 34 of
the State Department Basic Authorities Act of 1956.''.
Subtitle D--Migration and Refugees
SEC. 241. PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF REFUGEES.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.), as amended by section 204 of this Act, is further
amended by adding at the end the following new section:
``SEC. 58. <<NOTE: 22 USC 2730.>> PROHIBITION ON FUNDING THE INVOLUNTARY
RETURN OF REFUGEES.
``(a) Prohibition.--
``(1) In general.--Except as provided in paragraph (2), none
of the funds made available to the Department of State, or the
United States Emergency Refugee and Migration Assistance Fund
established in section 2(c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)), may be available to
effect the involuntary return by the United States of any person
to a country in which the person has a well-founded fear of
persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion.
``(2) Exception.--The prohibition in paragraph (1) does not
apply to the return of any person on grounds recognized as
precluding protection as a refugee under the United Nations
Convention Relating to the Status of Refugees of July 28, 1951,
and the Protocol Relating to the Status of Refugees of January
31, 1967, subject to the reservations contained in
[[Page 116 STAT. 1374]]
the United States Senate resolution of advice and consent to
ratification of the Protocol.
``(b) Congressional Notification Required in All Cases.--None of the
funds made available to the Department of State, or the United States
Emergency Refugee and Migration Assistance Fund established in section
2(c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(c)), may be available to effect the involuntary return by the
United States of any person to any country unless the Secretary first
notifies the appropriate congressional committees, except that, in the
case of an emergency involving a threat to human life, the Secretary
shall notify the appropriate congressional committees as soon as
practicable.
``(c) Statutory Construction.--Nothing in this section shall be
construed as affecting activities of the Department of State that relate
to removal proceedings under the Immigration and Nationality Act or
extradition.
``(d) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
``(2) To effect the involuntary return.--The term ``to
effect the involuntary return'' means to require, by means of
physical force or circumstances amounting to a threat thereof, a
person to return to a country against the person's will,
regardless of whether the person is physically present in the
United States and regardless of whether the United States acts
directly or through an agent.''.
SEC. 242. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL ORGANIZATION FOR
MIGRATION.
Section 2(a) of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601(a)) is amended to read as follows:
``(a)(1) The President is authorized to continue membership for the
United States in the International Organization for Migration in
accordance with the constitution of such organization approved in
Venice, Italy, on October 19, 1953, as amended in Geneva, Switzerland,
on November 24, 1998, upon entry into force of such amendments.
``(2) For the purpose of assisting in the movement of refugees and
migrants, there are authorized to be appropriated to the President such
amounts as may be necessary from time to time for payment by the United
States of its contributions to the International Organization for
Migration and all necessary salaries and expenses incidental to United
States participation in such organization.''.
SEC. 243. REPORT ON OVERSEAS REFUGEE PROCESSING.
(a) Report on Overseas Refuge Processing.--Not later than 120 days
after the date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a report on overseas
processing of refugees for admission to the United States.
(b) Contents.--The report shall include the following detailed
information:
(1) United States procedures for the identification of
refugees who are particularly vulnerable or whose individual
circumstances otherwise suggest an urgent need for resettlement,
[[Page 116 STAT. 1375]]
including the extent to which the Department now insists on
referral by the United Nations High Commissioner for Refugees as
a prerequisite to consideration of such refugees for
resettlement in the United States, together with a plan for the
expanded use of alternatives to such referral, including the use
of field-based nongovernmental organizations to identify
refugees in urgent need of resettlement.
(2) The extent to which the Department makes use in overseas
refugee processing of the designation of groups of refugees who
are of special concern to the United States, together with the
reasons for any decline in such use over the last 10 years and a
plan for making more generous use of such categories in the
future.
(3) The extent to which the United States currently provides
opportunities for resettlement in the United States of
individuals who are close family members of citizens or lawful
residents of the United States, together with the reasons for
any decline in the extent of such provision over the last 10
years and a plan for expansion of such opportunities in the
future.
(4) The extent to which opportunities for resettlement in
the United States are currently provided to ``urban refugees''
and others who do not currently reside in refugee camps,
together with a plan for increasing such opportunities,
particularly for refugees who are in urgent need of
resettlement, who are members of refugee groups of special
interest to the United States, or who are close family members
of United States citizens or lawful residents.
(5) The Department's assessment of the feasibility and
desirability of modifying the Department's current list of
refugee priorities to create an additional category for refugees
whose need for resettlement is based on a long period of
residence in a refugee camp with no immediate prospect of safe
and voluntary repatriation to their country of origin or last
permanent residence.
(6) The extent to which the Department uses private
voluntary agencies to assist in the identification of refugees
for admission to the United States, including the Department's
assessment of the advantages and disadvantages of private
voluntary agencies, the reasons for any decline in the
Department's use of voluntary agencies over the last 10 years,
and a plan for the expanded use of such agencies.
(7) The extent to which the per capita reception and
placement grant to voluntary agencies assisting in resettlement
of refugees has increased over the last 10 years commensurate
with the cost to such agencies of providing such services.
(8) An estimate of the cost of each change in current
practice or procedure discussed in the report, together with an
estimate of any increase in the annual refugee admissions
ceiling that would be necessary to implement each change.
[[Page 116 STAT. 1376]]
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Subtitle A--Organizational Matters
SEC. 301. <<NOTE: 22 USC 2651a note.>> COMPREHENSIVE WORKFORCE PLAN.
(a) Workforce <<NOTE: Deadlines.>> Plan.--Not later than 180 days
after the date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a comprehensive workforce
plan for the Department for the fiscal years 2003 through 2007. The plan
shall consider personnel needs in both the Civil Service and the Foreign
Service and expected domestic and overseas personnel allocations. The
workforce plan should set forth--
(1) the detailed mission of the Department;
(2) the definition of work to be done;
(3) a description of cyclical personnel needs based on
expected retirements and attrition; and
(4) a statement of the time required to hire, train, and
deploy new personnel.
(b) Domestic Staffing Model.--Not later than one year after the date
of the enactment of this Act, the Secretary shall compile and submit to
the appropriate congressional committees a domestic staffing model for
the Department.
SEC. <<NOTE: Deadlines. 22 USC 2651a note.>> 302. ``RIGHTSIZING''
OVERSEAS POSTS.
(a) <<NOTE: Establishment.>> ``Rightsizing'' at the Department of
State.--
(1) In general.--The Secretary shall establish a task force
within the Department on the issue of ``rightsizing'' overseas
posts.
(2) Preliminary report.--Not later than 120 days after the
date of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report that outlines
the status, plans, and activities of the task force. In addition
to such other information as the Secretary considers
appropriate, the report shall include the following:
(A) The objectives of the task force.
(B) Measures for achieving the objectives under
subparagraph (A).
(C) Identification of the official of the Department
with primary responsibility for the issue of
``rightsizing''.
(D) The plans of the Department for the reallocation
of staff and resources based on changing needs at
overseas posts and in the metropolitan Washington, D.C.,
area.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report reviewing the
activities and progress of the task force established under
paragraph (1).
(b) Interagency Working Group.--
(1) Establishment.--The Secretary shall establish an
interagency working group on the issue of ``rightsizing'' the
overseas presence of the United States Government.
(2) Preliminary report.--Not later than 120 days after the
date of the enactment of this Act, the Secretary shall
[[Page 116 STAT. 1377]]
submit to the appropriate congressional committees a report
which outlines the status, plans, and activities of the
interagency working group. In addition to such other information
as the Secretary considers appropriate, the report shall include
the following:
(A) The objectives of the working group.
(B) Measures for achieving the objectives under
subparagraph (A).
(C) Identification of the official of each agency
with primary responsibility for the issue of
``rightsizing''.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report reviewing the
activities and progress of the working group established under
paragraph (1).
SEC. 303. QUALIFICATIONS OF CERTAIN OFFICERS OF THE DEPARTMENT OF STATE.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) by striking subsections (f) and (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Qualifications of Certain Officers of the Department of
State.--
``(1) Officer having primary responsibility for personnel
management.--The officer of the Department of State with primary
responsibility for assisting the Secretary with respect to
matters relating to personnel in the Department of State, or
that officer's principal deputy, shall have substantial
professional qualifications in the field of human resource
policy and management.
``(2) Officer having primary responsibility for diplomatic
security.--The officer of the Department of State with primary
responsibility for assisting the Secretary with respect to
diplomatic security, or that officer's principal deputy, shall
have substantial professional qualifications in the fields of
(A) management, and (B) Federal law enforcement, intelligence,
or security.
``(3) Officer having primary responsibility for
international narcotics and law enforcement.--The officer of the
Department of State with primary responsibility for assisting
the Secretary with respect to international narcotics and law
enforcement, or that officer's principal deputy, shall have
substantial professional qualifications in the fields of (A)
management, and (B) law enforcement or international narcotics
policy.''.
Subtitle B--Personnel Matters
SEC. 311. THOMAS JEFFERSON STAR FOR FOREIGN SERVICE.
Section 36A of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708a) is amended--
(1) in the section heading, by striking ``foreign service
star'' and inserting ``thomas jefferson star for foreign
service''; and
[[Page 116 STAT. 1378]]
(2) by striking ``Foreign Service star'' each place it
appears and inserting ``Thomas Jefferson Star for Foreign
Service''.
SEC. 312. PRESIDENTIAL RANK AWARDS.
(a) Comparable Payments.--Section 405(b)(3) of the Foreign Service
Act of 1980 (22 U.S.C. 3965(b)(3)) is amended by striking the second
sentence and inserting ``Payments under this paragraph to a member of
the Senior Foreign Service may not exceed, in any fiscal year, the
percentage of basic pay established under section 4507(e)(1) of title 5,
United States Code, for a Meritorious Executive, except that payments of
the percentage of the basic pay established under section 4507(e)(2) of
such title for Distinguished Executives may be made in any fiscal year
to up to 1 percent of the members of the Senior Foreign Service.''.
(b) <<NOTE: 22 USC 3965 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect October 1, 2002.
SEC. 313. FOREIGN SERVICE NATIONAL SAVINGS FUND.
Section 408(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3968(a)(1)) is amended in the third sentence by striking ``(C)'' and all
that follows through ``covered employees.'' and inserting ``(C) payments
by the Government and employees to (i) a trust or other fund in a
financial institution in order to finance future benefits for employees,
including provision for retention in the fund of accumulated interest
and dividends for the benefit of covered employees; or (ii) a Foreign
Service National Savings Fund established in the Treasury of the United
States, which (I) shall be administered by the Secretary, at whose
direction the Secretary of the Treasury shall invest amounts not
required for the current needs of the Fund; and (II) shall be public
monies, which are authorized to be appropriated and remain available
without fiscal year limitation to pay benefits, to be invested in public
debt obligations bearing interest at rates determined by the Secretary
of the Treasury taking into consideration current average market yields
on outstanding marketable obligations of the United States of comparable
maturity, and to pay administrative expenses.''.
SEC. 314. CLARIFICATION OF SEPARATION FOR CAUSE.
(a) In General.--Section 610(a) of the Foreign Service Act of 1980
(22 U.S.C. 4010(a)) is amended--
(1) in paragraph (1), by inserting ``decide to'' after
``may'';
(2) by striking paragraphs (2), (3), (4), (5), and (6); and
(3) by inserting after paragraph (1) the following:
``(2)(A) Except as provided in subparagraph (B), whenever the
Secretary decides under paragraph (1) to separate, on the basis of
misconduct, any member of the Service (other than a United States
citizen employed under section 311 of the Foreign Service Act of 1980
who is not a family member) who either--
``(i) is serving under a career appointment, or
``(ii) is serving under a limited appointment,
the member may not be separated from the Service until the member
receives a hearing before the Foreign Service Grievance Board and the
Board decides that cause for separation has been established, unless the
member waives, in writing, the right to such a hearing, or the member's
appointment has expired, whichever is sooner.
``(B) The right to a hearing in subparagraph (A) does not apply in
the case of an individual who has been convicted of a
[[Page 116 STAT. 1379]]
crime for which a sentence of imprisonment of more than one year may be
imposed.
``(3) If the Board decides that cause for separation has not been
established, the Board may direct the Department to pay reasonable
attorneys' fees to the extent and in the manner provided by section
1107(b)(5). The hearing provided under this paragraph shall be conducted
in accordance with the hearing procedures applicable to grievances under
section 1106 and shall be in lieu of any other administrative procedure
authorized or required by this or any other Act. Section 1110 shall
apply to proceedings under this paragraph.
``(4) Notwithstanding the hearing required by paragraph (2), at the
time that the Secretary decides to separate a member of the Service for
cause, the member shall be placed on leave without pay. If the member
does not waive the right to a hearing, and the Board decides that cause
for separation has not been established, the member shall be reinstated
with back pay.''.
(b) Conforming Amendments.--Section 1106(8) of the Foreign Service
Act of 1980 (22 U.S.C. 4136(8)) is amended--
(1) in the first sentence--
(A) by striking ``the involuntary separation of the
grievant,''; and
(B) by striking ``grievant, or'' and inserting
``grievant or''; and
(2) by striking the last sentence.
SEC. 315. DEPENDENTS ON FAMILY VISITATION TRAVEL.
(a) In General.--Section 901(8) of the Foreign Service Act of 1980
(22 U.S.C. 4081(8)) is amended by striking ``Service'' and inserting
``Service, and members of his or her family,''.
(b) <<NOTE: 22 USC 4801 note.>> Promulgation of Guidance.--The
Secretary shall promulgate guidance for the implementation of the
amendment made by subsection (a) to ensure its implementation in a
manner which does not substantially increase the total amount of travel
expenses paid or reimbursed by the Department for travel under section
901 of the Foreign Service Act of 1980 (22 U.S.C. 4081).
(c) <<NOTE: 22 USC 4801 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on the date on which guidance for
implementation of such amendment is issued by the Secretary.
SEC. 316. HEALTH EDUCATION AND DISEASE PREVENTION PROGRAMS.
Section 904(b) of the Foreign Service Act of 1980 (22 U.S.C.
4084(b)) is amended by striking ``families, and (3)'' and inserting
``families, (3) health education and disease prevention programs for all
employees, and (4)''.
SEC. 317. CORRECTION OF TIME LIMITATION FOR GRIEVANCE FILING.
Section 1104(a) of the Foreign Service Act of 1980 (22 U.S.C.
4134(a)) is amended in the first sentence by striking ``but in no case
less than two years'' and inserting ``but in no case more than three
years''.
SEC. 318. TRAINING AUTHORITIES.
Section 2205 of the Foreign Affairs Reform and Restructuring Act of
1998 (as enacted by division G of Public Law 105-277; 112 Stat. 2681-
808) is amended--
(1) in the section heading, by striking ``pilot'';
(2) by striking <<NOTE: 22 USC 4021 and note.>> subsection
(a)(3); and
[[Page 116 STAT. 1380]]
(3) by <<NOTE: 22 USC 2725 note.>> striking subsection (c).
SEC. 319. UNACCOMPANIED AIR BAGGAGE.
Section 5924(4)(B) of title 5, United States Code, is amended by
inserting after the first sentence the following: ``At the election of
the employee, in lieu of the transportation of the baggage of a
dependent from the dependent's school, the costs incurred to store the
baggage at or in the vicinity of the school during the dependent's
annual trip between the school and the employee's duty station may be
paid or reimbursed to the employee, except that the amount of the
payment or reimbursement may not exceed the cost that the Government
would incur to transport the baggage.''.
SEC. 320. EMERGENCY MEDICAL ADVANCE PAYMENTS.
Section 5927 of title 5, United States Code, is amended--
(1) by amending subsection (a)(3) to read as follows:
``(3) to an employee compensated pursuant to section 408 of
the Foreign Service Act of 1980, who--
``(A) pursuant to United States Government
authorization is located outside the country of
employment; and
``(B) requires medical treatment outside the country
of employment in circumstances specified by the
President in regulations.''; and
(2) in subsection (b), by striking ``appointed'' and
inserting ``hired''.
SEC. 321. <<NOTE: 5 USC 8411 note.>> RETIREMENT CREDIT FOR CERTAIN
GOVERNMENT SERVICE PERFORMED ABROAD.
(a) Retirement Credit for Certain Government Service Performed
Abroad.--Subject to subsection (b)(1), credit under chapter 84 of title
5, United States Code, shall be allowed for any service performed by an
individual if or to the extent that--
(1) it was performed by such individual--
(A) after December 31, 1988, and before May 24,
1998;
(B) at a United States diplomatic mission, consular
post (other than a consular agency), or other Foreign
Service post abroad; and
(C) under a temporary appointment pursuant to
sections 309 and 311 of the Foreign Service Act of 1980
(22 U.S.C. 3949 and 3951);
(2) at the time of performing such service, such individual
would have satisfied all eligibility requirements under
regulations of the Department (as in effect on the date of the
enactment of this Act) for a family member limited noncareer
appointment (within the meaning of such regulations, as in
effect on such date of enactment), except that, in applying this
paragraph, an individual not employed by the Department while
performing such service shall be treated as if then so employed;
(3) such service would have been creditable under section
8411(b)(3) of such title 5 if--
(A) the service had been performed before January 1,
1989; and
(B) the deposit requirements of section 8411(f) of
such title 5 had been met with respect to such service;
[[Page 116 STAT. 1381]]
(4) such service would not otherwise be creditable under the
Federal Employees' Retirement System or any other retirement
system for employees of the United States Government
(disregarding title II of the Social Security Act); and
(5) the total amount of service performed by such individual
(satisfying paragraphs (1) through (4)) is not less than 90
days.
(b) Requirements.--
(1) Requirements of the individual.--In order to receive
credit under chapter 84 of title 5, United States Code, for any
service described in subsection (a), the individual who
performed such service (or, if deceased, any person who is or
would be eligible for a survivor annuity under the Federal
Employees' Retirement System based on the service of such
individual)--
(A) <<NOTE: Deadline.>> shall file a written
application with the Office of Personnel Management not
later than 36 months after the effective date of the
regulations prescribed to carry out this section (as
specified in those regulations); and
(B) shall remit to the Office (for deposit in the
Treasury of the United States to the credit of the Civil
Service Retirement and Disability Fund) the total amount
that, under section 8422 of such title 5, should have
been deducted from the basic pay of such individual for
such service if such service had then been creditable
under such chapter 84.
(2) Government contributions.--
(A) In general.--In addition to any other payment
that it is required to make under chapter 84 of title 5,
United States Code, a department, agency, or other
instrumentality of the United States shall remit to the
Office of Personnel Management (for deposit in the
Treasury of the United States to the credit of the Fund)
the amount described in subparagraph (B).
(B) Amount described.--The amount described in this
subparagraph is, with respect to a remittance under
paragraph (1), the total amount of Government
contributions that would, under section 8423 of title 5,
United States Code, have been required of the
instrumentality involved (to the extent that it was the
employing entity during the period of service to which
such remittance relates) in connection with such
service.
(C) Special rule.--If an amount cannot be remitted
under this paragraph because an instrumentality has
ceased to exist, such amount shall instead be treated as
part of the supplemental liability referred to in
section 8423(b)(1) (A) or (B) of title 5, United States
Code (whichever would be appropriate).
(3) Related requirements.--Any remittance under paragraph
(1) or (2)--
(A) shall be made in such time, form, and manner as
the Office of Personnel Management may by regulation
require; and
(B) shall be computed with interest (in accordance
with section 8334(e) of title 5, United States Code, and
such requirements as the Office may by regulation
prescribe).
[[Page 116 STAT. 1382]]
(4) Notification and assistance requirements.--
(A) In general.--The Office of Personnel Management
shall take such action as may be necessary and
appropriate to inform individuals entitled to have any
service credited under this section, or to have any
annuity computed or recomputed under this section, of
their entitlement to such credit, computation, or
recomputation.
(B) Assistance to individuals.--The Office shall, on
request, assist any individual referred to in
subparagraph (A) in obtaining from any department,
agency, or other instrumentality of the United States
such information in the possession of such
instrumentality as may be necessary to verify the
entitlement of such individual to have any service
credited, or to have any annuity computed or recomputed,
pursuant to this section.
(C) Assistance from instrumentalities.--Any
department, agency, or other instrumentality of the
United States that possesses any information with
respect to any service described in subsection (a)
shall, at the request of the Office, furnish such
information to the Office.
(c) Definitions.--In this section:
(1) Abroad.--The term ``abroad'' has the meaning given such
term under section 102 of the Foreign Service Act of 1980 (22
U.S.C. 3902).
(2) Basic pay.--The term ``basic pay'' has the meaning given
such term under section 8401 of title 5, United States Code.
(3) Civil service retirement and disability fund.--The term
``Civil Service Retirement and Disability Fund'' or ``Fund''
means the Civil Service Retirement and Disability Fund under
section 8348 of title 5, United States Code.
(4) Temporary appointment.--The term ``temporary
appointment'' means an appointment that is limited by its terms
to a period of one year or less.
(d) Rule of Construction.--Nothing in this section shall be
considered to permit or require the making of any contributions to the
Thrift Savings Fund that would not otherwise have been permitted or
required had this section not been enacted.
(e) Applicability.--
(1) Annuities commencing on or after effective date of
implementing regulations.--An annuity or survivor annuity--
(A) which is based on the service of an individual
who performed service described in subsection (a), and
(B) which commences on or after the effective date
of the regulations prescribed to carry out this section
(as determined under subsection (b)(1)(A)),
shall (subject to subsection (b)(1)) be computed taking into
account all service described in subsection (a) that was
performed by such individual.
(2) Annuities with commencement date preceding effective
date of implementing regulations.--
(A) Recomputation cases.--An annuity or survivor
annuity--
(i) which is based on the service of an
individual who performed service described in
subsection (a), and
[[Page 116 STAT. 1383]]
(ii) which commences before the effective date
referred to in paragraph (1)(B),
shall (subject to subsection (b)(1)) be recomputed
taking into account all service described in subsection
(a) that was performed by such individual.
(B) Other cases.--An annuity or survivor annuity--
(i) which is based on the service of an
individual who performed service described in
subsection (a),
(ii) the requirements for entitlement which
could not be met without taking into account
service described in subsection (a), and
(iii) which (if service described in
subsection (a) had been taken into account, and an
appropriate application been submitted) would have
commenced before the effective date referred to in
paragraph (1)(B),
shall (subject to subsection (b)(1)) be computed taking
into account all service described in subsection (a)
that was performed by such individual.
(C) Retroactive effect.--Any computation or
recomputation of an annuity or survivor annuity pursuant
to this paragraph shall--
(i) if pursuant to subparagraph (A), be
effective as of the commencement date of the
annuity or survivor annuity involved; and
(ii) if pursuant to subparagraph (B), be
effective as of the commencement date that would
have applied if application for the annuity or
survivor annuity involved had been submitted on
the earliest date possible in order for it to have
been approved.
(D) Lump-sum payment.--Any amounts which by virtue
of subparagraph (C) are payable for any months preceding
the first month (on or after the effective date referred
to in paragraph (1)(B)) as of which annuity or survivor
annuity payments become payable fully reflecting the
computation or recomputation under subparagraph (A) or
(B) (as the case may be) shall be payable in the form of
a lump-sum payment.
(E) Order of precedence.--Section 8424(d) of title
5, United States Code, shall apply in the case of any
payment under subparagraph (D) payable to an individual
who has died.
(f) Implementation.-- <<NOTE: Regulations.>> The Office of Personnel
Management, in consultation with the Secretary, shall prescribe such
regulations and take such action as may be necessary and appropriate to
implement this section.
SEC. 322. COMPUTATION OF FOREIGN SERVICE RETIREMENT ANNUITIES AS IF
WASHINGTON, D.C., LOCALITY-BASED COMPARABILITY PAYMENTS WERE
MADE TO OVERSEAS-STATIONED FOREIGN SERVICE MEMBERS.
(a) Foreign Service Retirement and Disability System.--
(1) Computation of annuities.--Section 806(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4046(a)) is amended by adding at
the end the following new paragraph:
``(9) For purposes of any annuity computation under this subsection,
the basic salary or basic pay of any member of the Service whose
official duty station is outside the continental United States
[[Page 116 STAT. 1384]]
shall be considered to be the salary or pay that would have been paid to
the member had the member's official duty station been Washington, D.C.,
including locality-based comparability payments under section 5304 of
title 5, United States Code, that would have been payable to the member
if the member's official duty station had been Washington, D.C.''.
(2) Government contributions and individual deductions and
withholdings.--Section 805(a) of the Foreign Service Act of 1980
(22 U.S.C. 4045(a)) is amended--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``7''
and inserting ``7.25''; and
(ii) in the second sentence, by striking ``An
equal amount shall be contributed by the
Department'' and inserting ``The contribution by
the employing agency shall be a percentage of
basic salary equal to the percentage in effect
under section 7001(d)(1) of the Balanced Budget
Act of 1997 (Public Law 105-33; 22 U.S.C. 4045
note), and section 505(h) of the Department of
Transportation and Related Agencies Appropriations
Act, 2001 (as enacted by Public Law 106-346; 114
Stat. 1356A-54), plus .25 percent of basic salary,
and shall be made'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting at the
end of the first sentence ``, plus an amount equal
to .25 percent of basic pay''; and
(ii) in subparagraph (B), by inserting at the
end of the first sentence ``, plus an amount equal
to .25 percent of basic pay'';
(C) in paragraphs (1) and (2), by striking
``Department'' each place it appears and inserting
``employing agency''; and
(D) in paragraph (3), by inserting at the end of the
first sentence ``, plus .25 percent''.
(b) Foreign Service Pension System.--
(1) Computation of annuities.--Section 855(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4071d(a)) is amended by adding at
the end the following new paragraph:
``(3) For purposes of any annuity computation under this subsection,
the average pay (as used in section 8414 of title 5, United States Code)
of any member of the Service whose official duty station is outside the
continental United States shall be considered to be the salary that
would have been paid to the member had the member's official duty
station been Washington, D.C., including locality-based comparability
payments under section 5304 of title 5, United States Code, that would
have been payable to the member if the member's official duty station
had been Washington, D.C.''.
(2) Individual deductions and withholdings.--Section
856(a)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4071e(a)(2)) is amended by striking:
``7.5......... After December 31, 2000.''
and inserting the following:
[[Page 116 STAT. 1385]]
``7.55........ After January 11, 2003.''.
(c) Effective Dates.--
(1) <<NOTE: 22 USC 4046 note.>> Computation of annuities.--
The amendments made by subsections (a)(1) and (b)(1) shall apply
to service performed on or after the first day of the first pay
period beginning on or after the date that is 90 days after the
date of enactment of this Act.
(2) <<NOTE: 22 USC 4045 note.>> Government contributions and
individual deductions and withholdings.--The amendments made by
subsections (a)(2) and (b)(2) shall take effect with the first
pay period beginning on or after the date that is 90 days after
the date of enactment of this Act.
SEC. 323. PLAN FOR IMPROVING RECRUITMENT OF VETERANS INTO THE FOREIGN
SERVICE.
(a) In <<NOTE: Deadline.>> General.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report containing a plan for the
Department to improve the recruitment of veterans for the career Foreign
Service. The plan shall--
(1) address personnel issues relevant to such recruitment
efforts; and
(2) include proposals for improving coordination between the
Department and the Departments of Defense, Transportation, and
Veterans Affairs in promoting the recruitment of veterans to the
career Foreign Service.
(b) Definition.--In this section, the term ``veterans'' has the
meaning given that term in section 101(2) of title 38, United States
Code.
SEC. 324. REPORT <<NOTE: 22 USC 2651a note.>> CONCERNING MINORITY
EMPLOYMENT.
On April 1, 2003, and April 1, 2004, the Secretary shall submit a
comprehensive report to Congress, with respect to the preceding calendar
year, concerning the employment of members of minority groups at the
Department, including the Civil Service and the Foreign Service. The
report shall include the following data (reported in terms of real
numbers and percentages and not as ratios):
(1) For the last preceding Foreign Service examination and
promotion cycles for which such information is available--
(A) the numbers and percentages of members of all
minority groups taking the written Foreign Service
examination;
(B) the numbers and percentages of members of all
minority groups successfully completing and passing the
written Foreign Service examination;
(C) the numbers and percentages of members of all
minority groups successfully completing and passing the
oral Foreign Service examination;
(D) the numbers and percentages of members of all
minority groups entering the junior officer class of the
Foreign Service;
(E) the numbers and percentages of members of all
minority groups who are Foreign Service officers at each
grade; and
[[Page 116 STAT. 1386]]
(F) the numbers and percentages of members of all
minority groups promoted to each grade of the Foreign
Service.
(2) For the last preceding year for Civil Service employment
at the Department for which such information is available--
(A) numbers and percentages of members of all
minority groups entering the Civil Service;
(B) the number and percentages of members of all
minority groups who are Civil Service employees at each
grade of the Civil Service; and
(C) the number of and percentages of members of all
minority groups promoted at each grade of the Civil
Service.
SEC. 325. <<NOTE: 22 USC 2651a note.>> USE OF FUNDS AUTHORIZED FOR
MINORITY RECRUITMENT.
(a) Conduct of Recruitment Activities.--
(1) In general.--Amounts authorized to be appropriated for
minority recruitment under section 111(1)(D) shall be used only
for activities directly related to minority recruitment, such as
recruitment materials designed to target members of minority
groups and the travel expenses of recruitment trips to colleges,
universities, and other institutions or locations.
(2) Limitation.--Amounts authorized to be appropriated for
minority recruitment under section 111(1)(D) may not be used to
pay salaries of employees of the Department.
(b) Recruitment Activities at Academic Institutions.--The Secretary
shall expand the recruitment efforts of the Department to include not
less than 25 percent of the part B institutions (as defined under
section 322 of the Higher Education Act of 1965) in the United States
and not less than 25 percent of the Hispanic-serving institutions (as
defined in section 502(a)(5) of such Act) in the United States.
(c) Evaluation of Recruitment Efforts.--The Secretary shall
establish a database relating to efforts to recruit members of minority
groups into the Foreign Service and the Civil Service and shall report
to the appropriate congressional committees on the evaluation of efforts
to recruit such individuals, including an analysis of the information
collected in the database created under this subsection. Such report
shall be included in each of the two reports required under section 324.
SEC. 326. ASSIGNMENTS AND DETAILS OF PERSONNEL TO THE AMERICAN INSTITUTE
IN TAIWAN.
Section 503 of the Foreign Service Act of 1980 (22 U.S.C. 3983) is
amended--
(1) by adding at the end the following new subsection:
``(d)(1) The Secretary may assign a member of the Service, or
otherwise detail an employee of the Department, for duty at the American
Institute in Taiwan, if the Secretary determines that to do so is in the
national interest of the United States.
``(2) The head of any other department or agency of the United
States may, with the concurrence of the Secretary, detail an employee of
that department or agency to the American Institute in Taiwan, if the
Secretary determines that to do so is in the national interest of the
United States.
``(3) In this subsection, the term `employee' does not include--
``(A) a noncareer appointee, limited term appointee, or
limited emergency appointee (as such terms are defined in
section
[[Page 116 STAT. 1387]]
3132(a) of title 5, United States Code) in the Senior Executive
Service; or
``(B) an employee in a position that has been excepted from
the competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character.
``(4) An assignment or detail under this subsection may be made with
or without reimbursement from the American Institute in Taiwan.
``(5) The period of an assignment or detail under this subsection
shall not exceed a total of 6 years, except that the Secretary (or any
other head of a department or agency of the United States, with the
concurrence of the Secretary) may extend the period of an assignment or
detail for an additional period of not more than 6 years.''; and
(2) in subsection (c), by striking ``Assignments'' and
inserting ``Except as otherwise provided in subsection (d)(5),
assignments''.
SEC. 327. ANNUAL REPORTS ON FOREIGN LANGUAGE COMPETENCE.
Section 702(c) of the Foreign Service Act of 1980 (22 U.S.C.
4022(c)) is amended--
(1) by striking ``March 31'' and inserting ``January 31'';
and
(2) in paragraph (1), by striking ``calendar year'' and
inserting ``fiscal year''.
SEC. 328. TRAVEL OF CHILDREN OF MEMBERS OF THE FOREIGN SERVICE ASSIGNED
ABROAD.
Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C.
4081(15)) is amended by striking ``port of entry in the contiguous 48
States which is nearest to that post'' and inserting ``residence of the
other parent, or between the post to which the member is assigned and
the residence of the child if the child does not reside with a parent''.
TITLE IV--INTERNATIONAL ORGANIZATIONS
SEC. 401. PAYMENT OF THIRD INSTALLMENT OF ARREARAGES.
(a) In General.--The United Nations Reform Act of 1999 (title IX of
division A of H.R. 3427, as enacted into law by section 1000(a)(7) of
Public Law 106-113; appendix G; 113 Stat. 1501A-475) is amended as
follows:
(1) Section 912(b)(3) is amended by striking ``, upon the
certification described in section 941'' and inserting the
following: ``upon a certification described in section 941 with
respect to the United Nations or a particular designated
specialized agency, and immediately with respect to
organizations to which none of the conditions in section 941(b)
apply''.
(2) Section 941(a)(2) is amended--
(A) by striking ``also'';
(B) by striking ``in subsection (b)(4)'' both places
it appears; and
(C) by striking ``, if the other conditions in
subsection (b) are satisfied''.
[[Page 116 STAT. 1388]]
(3) Section 941(a)(3) is amended by striking ``and for any
other organization to which none of the conditions in subsection
(b) apply''.
(4) Section 941(b)(3) is amended--
(A) in the paragraph heading, by striking ``New
budget procedures'' and inserting ``Budget practices'';
(B) by striking ``has established and'';
(C) by striking ``procedures'' and inserting
``practices''; and
(D) in subparagraphs (A) and (B) by striking
``require'' each place it appears and inserting ``result
in''.
(5) Section 941(b)(9) is amended--
(A) in the paragraph heading by striking ``New
budget procedures'' and inserting ``Budget practices'';
(B) by striking ``Each designated specialized agency
has established procedures to--'' and inserting ``The
practices of each designated specialized agency--''; and
(C) in subparagraphs (A), (B), and (C) by striking
``require'' each place it appears and inserting ``result
in''.
(b) Conforming Amendment.--The undesignated paragraph under the
heading ``arrearage payments'' in title IV of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2000 (as contained in section 1000 of division B of
the Consolidated Appropriations Act, 2000; Public Law 106-
113) <<NOTE: 113 Stat. 1501A-42.>> is amended--
(1) in the first proviso, by striking ``the share of the
total of all assessed contributions for any designated
specialized agency of the United Nations does not exceed 22
percent for any single member of the agency, and''; and
(2) by inserting after ``respective agencies:'' the
following: ``Provided further, That none of the funds
appropriated or otherwise made available under this heading for
payment of arrearages may be obligated with respect to a
designated specialized agency of the United Nations until such
time as the share of the total of all assessed contributions for
that designated specialized agency does not exceed 22 percent
for any member of the agency:''.
(c) Transmittal of Certifications to Congress.--Section 912(c) of
the United Nations Reform Act of 1999 (title IX of division A of H.R.
3427, as enacted into law by section 1000(a)(7) of Public Law 106-113;
appendix G; 113 Stat. 1501A-477) is amended to read as follows:
``(c) Advance Congressional Notification.--Funds made available
pursuant to section 911 may be obligated and expended only if the
appropriate certification has been submitted to the appropriate
congressional committees 15 days prior to payment of the funds, in the
case of a certification submitted with respect to funds made available
for fiscal year 2000.''.
SEC. 402. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS PEACEKEEPING OPERATIONS IN CALENDAR YEARS
2001 THROUGH 2004.
(a) In General.--Section 404(b)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note) is
amended--
(1) by striking ``Funds'' and inserting ``(A) In general.--
Except as provided in subparagraph (B), funds''; and
[[Page 116 STAT. 1389]]
(2) by adding at the end the following:
``(B) Reduction in united states share of assessed
contributions.--Notwithstanding the percentage
limitation contained in subparagraph (A), the United
States share of assessed contributions for each United
Nations peacekeeping operation during the following
periods is authorized to be as follows:
``(i) For assessments made during calendar
year 2001, 28.15 percent.
``(ii) For assessments made during calendar
year 2002, 27.90 percent.
``(iii) For assessments made during calendar
year 2003, 27.40 percent.
``(iv) For assessments made during calendar
year 2004, 27.40 percent.''.
(b) Conforming Amendments to Public Law 92-544.--Title I of the
Departments of State, Justice, and Commerce, the Judiciary, and Related
Agencies Appropriation Act, 1973 (22 U.S.C. 287e note) is amended--
(1) in the next to the last sentence of the undesignated
paragraph under the heading ``contributions to international
organizations'' in Public Law 92-544 (22 U.S.C. 287e note), by
striking ``After'' and inserting ``Subject to section 404(b)(2)
of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (22 U.S.C. 287e note), after''; and
(2) in the last sentence of the undesignated paragraph under
the heading ``contributions to international organizations'' in
Public Law 92-544 (22 U.S.C. 287e note)--
(A) by striking ``Appropriations are authorized''
and inserting ``Subject to section 404(b)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (22 U.S.C. 287e note), appropriations are
authorized''; and
(B) by striking ``(other than United Nations
peacekeeping operations) conducted'' and inserting
``conducted by or under the auspices of the United
Nations or''.
SEC. 403. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS REGULAR BUDGET.
The United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.)
is amended by adding at the end the following new section:
``SEC. 11. <<NOTE: 22 USC 287e-3.>> LIMITATION ON THE UNITED STATES
SHARE OF ASSESSMENTS FOR UNITED NATIONS REGULAR BUDGET.
``None of the funds available to the Department of State shall be
used to pay the United States share of assessed contributions for the
regular budget of the United Nations in an amount greater than 22
percent of the total of all assessed contributions for that budget.''.
SEC. 404. PROMOTION OF SOUND FINANCIAL PRACTICES BY THE UNITED NATIONS.
(a) Findings.--Congress makes the following findings:
(1) In the early 1980s, the United States Government began
to pay United States assessments to certain international
organizations in the last quarter of the calendar year in which
they were due. This practice allowed the United States to pay
its annual assessment to the United Nations and other
[[Page 116 STAT. 1390]]
international organizations with the next fiscal year's
appropriations, taking advantage of the fact that international
organizations operate on calendar years. It also allowed the
United States to reduce budgetary outlays, making the United
States budget deficit appear smaller.
(2) The United States, which is assessed 22 percent of the
United Nations regular budget, now pays its dues at least 10
months late, and often later depending on when the relevant
appropriation is enacted.
(3) This practice causes the United Nations to operate
throughout much of the year without a significant portion of its
operating budget. By midyear, the budget is usually depleted,
forcing the United Nations to borrow from its separate
peacekeeping budget (the organization is prohibited from
external borrowing). As a result, countries that contribute to
United Nations peacekeeping missions are not reimbursed on a
timely basis.
(4) For years, the United States has been encouraging the
United Nations and other international organizations to engage
in sound, fiscally responsible budgetary practices. In fact,
many of the conditions in United States law for paying nearly
$1,000,000,000 in debt to the United Nations and other
international organizations are aimed at this goal. But late
payment of United States dues forces the United Nations and
other international organizations to engage in budgetary
practices that are neither sound nor responsible.
(b) Sense of Congress.--It is the sense of Congress that the United
States should initiate a process to synchronize the payment of its
assessments to the United Nations and other international organizations
over a multiyear period so that the United States can resume paying its
dues to such international organizations at the beginning of each
calendar year.
(c) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise available
for the purpose of payment of the United States assessed
contributions to the United Nations and other international
organizations, there are authorized to be appropriated such sums
as may be necessary to carry out the policy described in
subsection (b).
(2) Availability of funds.--Amounts appropriated pursuant to
paragraph (1) are authorized to remain available until expended.
SEC. 405. REPORTS TO CONGRESS ON UNITED NATIONS ACTIVITIES.
(a) Amendments to United Nations Participation Act.--Section 4 of
the United Nations Participation Act (22 U.S.C. 287b) is amended--
(1) by striking subsections (b) and (c);
(2) by inserting after subsection (a) the following new
subsection:
``(b) <<NOTE: Deadline.>> 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.'';
[[Page 116 STAT. 1391]]
(3) in subsection (e)(5) by striking subparagraph (B) and
inserting the following:
``(B) <<NOTE: President.>> Annual report.--The
President shall submit an annual report to the
designated congressional committees on all assistance
provided by the United States during the preceding
calendar year to the United Nations to support
peacekeeping operations. Each such report shall describe
the assistance provided for each such operation, listed
by category of assistance.''; and
(4) by redesignating subsections (d), (e), (f), and (g) as
subsections (c), (d), (e), and (f), respectively.
(b) Conforming Amendments.--
(1) Section 2 of Public Law 81-806 (22 U.S.C. 262a) is
amended by striking the last sentence.
(2) Section 409 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 287e note), is amended by
striking subsection (d).
SEC. 406. <<NOTE: Deadline. Reports.>> USE OF SECRET BALLOTS WITHIN THE
UNITED NATIONS.
Not later than 120 days after the date of enactment of this Act, the
Secretary shall submit a report to the appropriate congressional
committees containing a detailed analysis, and a determination based on
such analysis, on whether the use of secret ballots within the United
Nations and the specialized agencies of the United Nations serves the
interests of the United States.
SEC. 407. SENSE OF CONGRESS RELATING TO MEMBERSHIP OF THE UNITED STATES
IN UNESCO.
It is the sense of Congress that the President, having announced
that the United States will rejoin the United Nations Educational,
Scientific, and Cultural Organization (UNESCO), should submit a report
to the appropriate congressional committees--
(1) describing the merits of renewing the membership and
participation of the United States in UNESCO; and
(2) detailing the projected costs of United States
membership in UNESCO.
SEC. 408. <<NOTE: 22 USC 287 note.>> UNITED STATES MEMBERSHIP ON THE
UNITED NATIONS COMMISSION ON HUMAN RIGHTS AND INTERNATIONAL
NARCOTICS CONTROL BOARD.
The United States, in connection with its voice and vote in the
United Nations General Assembly and the United Nations Economic and
Social Council, shall make every reasonable effort--
(1) to secure a seat for the United States on the United
Nations Commission on Human Rights;
(2) to secure a seat for a United States national on the
United Nations International Narcotics Control Board; and
(3) to prevent membership on the Human Rights Commission by
any member nation the government of which, in the judgment of
the Secretary, based on the Department's Annual Country Reports
on Human Rights and the Annual Report on International Report on
Religious Freedom, consistently violates internationally
recognized human rights or has engaged in or tolerated
particularly severe violations of religious freedom in that
country.
[[Page 116 STAT. 1392]]
SEC. 409. PLAN FOR ENHANCED DEPARTMENT OF STATE EFFORTS TO PLACE UNITED
STATES CITIZENS IN POSITIONS OF EMPLOYMENT IN THE UNITED
NATIONS AND ITS SPECIALIZED AGENCIES.
Not <<NOTE: Deadline. Reports.>> later than 180 days after the date
of enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report containing a plan that provides for--
(1) proposals to reverse the decline in recent years in
funding and personnel resources devoted to the placement of
United States citizens in positions within the United Nations
system;
(2) steps to intensify coordinated, high-level diplomatic
efforts to place United States citizens in senior posts in the
United Nations Secretariat and the specialized agencies of the
United Nations; and
(3) appropriate mechanisms to address the
underrepresentation, relative to the United States share of
assessed contributions to the United Nations, of United States
citizens in junior positions within the United Nations and its
specialized agencies.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
SEC. 501. MODIFICATION OF LIMITATION ON GRANT AMOUNTS TO RFE/RL,
INCORPORATED.
Section 308(c) of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6207(c)) is amended to read as follows:
``(c) The total amount of grants made for the operating costs of
RFE/RL, Incorporated, may not exceed $85,000,000 in fiscal year 2003.''.
SEC. 502. PAY PARITY FOR SENIOR EXECUTIVES OF RFE/RL, INCORPORATED.
Section 308(h)(1) of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6207(h)(1)) is amended--
(1) by adding at the end the following new subparagraph:
``(C) Notwithstanding the limitations under subparagraph
(A), grant funds provided under this section may be used by RFE/
RL, Incorporated, to pay up to three employees employed in
Washington, D.C., salary or other compensation not to exceed the
rate of pay payable for level III of the Executive Schedule
under section 5314 of title 5, United States Code.''; and
(2) in subparagraph (A), by striking ``(B),'' and inserting
``(B) or (C),''.
SEC. 503. AUTHORITY TO CONTRACT FOR LOCAL BROADCASTING SERVICES OUTSIDE
THE UNITED STATES.
Section 802(b)(4) of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1472(b)(4)) is amended--
(1) by inserting before the period the following: ``and is
authorized to enter into contracts for periods not to exceed ten
years to acquire local broadcasting services outside the United
States''; and
[[Page 116 STAT. 1393]]
(2) by striking ``United States Information Agency'' and
inserting ``Broadcasting Board of Governors''.
SEC. 504. <<NOTE: 22 USC 6206 note.>> PERSONAL SERVICES CONTRACTING
PILOT PROGRAM.
(a) In General.--The Director of the International Broadcasting
Bureau (in this section referred to as the ``Director'') may establish a
pilot program (in this section referred to as the ``program'') for the
purpose of hiring United States citizens or aliens as personal services
contractors, without regard to Civil Service and classification laws,
for service in the United States as broadcasters, producers, and writers
in the International Broadcasting Bureau to respond to new or emerging
broadcast needs or to augment broadcast services.
(b) Conditions.--The Director is authorized to use the authority of
subsection (a) subject to the following conditions:
(1) The Director determines that existing personnel
resources are insufficient and the need is not of permanent
duration.
(2) The Director approves each employment of a personal
services contractor.
(3) The contract length, including options, may not exceed 2
years, unless the Director makes a finding that exceptional
circumstances justify an extension of up to one additional year.
(4) Not more than a total of 60 United States citizens or
aliens are employed at any one time as personal services
contractors under the program.
(c) Termination of Authority.--The authority to award personal
services contracts under the pilot program authorized by this section
shall terminate on December 31, 2005. A contract entered into prior to
the termination date under this subsection may remain in effect for a
period not to exceed 6 months after such termination date.
SEC. 505. TRAVEL BY VOICE OF AMERICA CORRESPONDENTS.
(a) Exemption From Responsibilities of the Secretary.--Section
103(a)(1)(A) of the Omnibus Diplomatic Security and Antiterrorism Act of
1986 (22 U.S.C. 4802(a)(1)(A)) is amended in the parenthetical clause by
inserting ``Voice of America correspondents on official assignment and''
after ``other than''.
(b) Exemption From Chief of Mission Responsibilities.--Section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927) is amended--
(1) in the parenthetical clause in subsection (a)(1), by
inserting ``Voice of America correspondents on official
assignment and'' after ``except for'';
(2) in the parenthetical clause in subsection (a)(2), by
inserting ``Voice of America correspondents on official
assignment and'' after ``except for''; and
(3) in the parenthetical clause in subsection (b), by
inserting ``Voice of America correspondents on official
assignment and'' after ``except for''.
SEC. 506. REPORT ON BROADCASTING PERSONNEL.
Not <<NOTE: Deadline.>> later than 120 days after the date of the
enactment of this Act, the Broadcasting Board of Governors shall submit
to the appropriate congressional committees a report regarding senior
personnel of the United States Broadcasting Board of Governors and
efforts to diversify the workforce. The report shall include
[[Page 116 STAT. 1394]]
the following information, reported separately, for the International
Broadcasting Bureau, RFE/RL, Incorporated, and Radio Free Asia:
(1) A list of all personnel positions at or above the GS-13
pay level.
(2) The number and percentage of women and members of
minority groups in positions under paragraph (1).
(3) The increase or decrease in the representation of women
and members of minority groups in positions under paragraph (1)
from previous years.
(4) The recruitment budget for each broadcasting entity and
the aggregate budget.
(5) Information concerning the recruitment efforts of the
Broadcasting Board of Governors relating to women and members of
minority groups, including the percentage of the recruitment
budget utilized for such efforts.
SEC. 507. CONFORMING AMENDMENTS.
The United States International Broadcasting Act of 1994 (22
U.S.C.6201 et seq.) is amended--
(1) in section 305(a)(4) (22 U.S.C. 6204(a)(4)), by striking
``annually,,'' and inserting ``annually,''; and
(2) in section 313(a) (22 U.S.C. 6212(a)), in the text above
paragraph (1), by striking ``the direction and''.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle <<NOTE: Middle East Peace Commitments Act of 2002.>> A--Middle
East Peace Commitments Act of 2002
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ``Middle East Peace Commitments
Act of 2002''.
SEC. 602. FINDINGS.
Congress makes the following findings:
(1) In 1993, the Palestine Liberation Organization (in this
subtitle referred to as the ``PLO'') made the following
commitments in an exchange of letters with the Prime Minister of
Israel:
(A) Recognition of the right of the State of Israel
to exist in peace and security.
(B) Acceptance of United Nations Security Council
Resolutions 242 and 338.
(C) Resolution of all outstanding issues in the
conflict between the two sides through negotiations and
exclusively peaceful means.
(D) Renunciation of the use of terrorism and all
other acts of violence and responsibility over all PLO
elements and personnel in order to assure their
compliance, prevent violations, and discipline
violators.
(2) The Palestinian Authority, the governing body of
autonomous Palestinian territories, was created as a result of
agreements between the PLO and the State of Israel that are a
direct outgrowth of the commitments made in 1993.
[[Page 116 STAT. 1395]]
(3) Congress has provided authorities to the President to
suspend certain statutory restrictions relating to the PLO,
subject to Presidential certifications that the PLO has
continued to abide by commitments made.
SEC. 603. REPORTS.
(a) In <<NOTE: President.>> General.--The President shall, at the
times specified in subsection (b), transmit to the appropriate
congressional committees a report on compliance by the PLO or the
Palestinian Authority, as appropriate, with each of the commitments
specified in section 602(1). The report shall include, with respect to
each such commitment, the determination of the President as to whether
or not the PLO or the Palestinian Authority, as appropriate, has
complied with that commitment during the period since the submission of
the preceding report or, in the case of the initial report, during the
preceding six-month period. In the event that the President imposed one
or more sanctions under section 604 during the period covered by the
report, the report shall include a description of each such sanction
imposed.
(b) Transmission.--The <<NOTE: Deadline.>> initial report required
under subsection (a) shall be transmitted not later than 60 days after
the date of enactment of this Act. Each subsequent report shall be
submitted on the date on which the President is next required to submit
a report under the P.L.O. Commitments Compliance Act of 1989 (title VIII
of Public Law 101-246) and may be combined with such report.
SEC. 604. IMPOSITION OF SANCTIONS.
(a) In General.--If, in any report transmitted pursuant to section
603, the President determines that the PLO or the Palestinian Authority,
as appropriate, has not complied with each of the commitments specified
in section 602(1), or if the President fails to make a determination
with respect to such compliance, the President shall, for a period of
time not less than the period described in subsection (b), impose one or
more of the following sanctions:
(1) Denial of visas to plo and palestinian authority
officials.--The Secretary shall direct consular officers not to
issue a visa to any member of the PLO or any official of the
Palestinian Authority.
(2) Downgrade in status of plo office in the united
states.--Notwithstanding any other provision of law, the
President shall withdraw or terminate any waiver by the
President of the requirements of section 1003 of the Foreign
Relations Authorization Act of 1988 and 1989 (22 U.S.C. 5202)
(prohibiting the establishment or maintenance of a Palestinian
information office in the United States), and such section shall
apply so as to prohibit the operation of a PLO or Palestinian
Authority office in the United States from carrying out any
function other than those functions carried out by the
Palestinian information office in existence prior to the Oslo
Accords.
(3) Designation as a foreign terrorist organization.--The
Secretary shall designate the PLO, or one or more of its
constituent groups (including Fatah and Tanzim) or groups
operating as arms of the Palestinian Authority (including Force
17), as a foreign terrorist organization, in accordance with
section 219(a) of the Immigration and Nationality Act.
[[Page 116 STAT. 1396]]
(4) Prohibition on united states assistance to the west bank
and gaza.--United States assistance (except humanitarian
assistance) may not be provided to programs or projects in the
West Bank or Gaza.
(b) Duration of Sanctions.--The period of time referred to in
subsection (a) is the period of time commencing on the date that the
report pursuant to section 603 was transmitted and ending on the later
of--
(1) the date that is 180 days after such date; or
(2) the date that the next report under section 603 is
required to be transmitted.
(c) Waiver Authority.--The President may waive any sanction imposed
under subsection (a) if the President determines that such a waiver is
in the national security interest of the United States. The President
shall report such a determination to the appropriate congressional
committees.
Subtitle <<NOTE: Tibetan Policy Act of 2002.>> B--Tibet Policy
SEC. 611. <<NOTE: 22 USC 6901 note.>> SHORT TITLE.
This subtitle may be cited as ``Tibetan Policy Act of 2002''.
SEC. 612. <<NOTE: 22 USC 6901 note.>> STATEMENT OF PURPOSE.
The purpose of this subtitle is to support the aspirations of the
Tibetan people to safeguard their distinct identity.
SEC. 613. <<NOTE: 22 USC 6901 note.>> TIBET NEGOTIATIONS.
(a) Policy.--
(1) In general.--The President and the Secretary should
encourage the Government of the People's Republic of China to
enter into a dialogue with the Dalai Lama or his representatives
leading to a negotiated agreement on Tibet.
(2) Compliance.--After such an agreement is reached, the
President and the Secretary should work to ensure compliance
with the agreement.
(b) Periodic <<NOTE: Deadline.>> Reports.--Not later than 180 days
after the date of the enactment of this Act, and every 12 months
thereafter, the President shall transmit to the appropriate
congressional committees a report on--
(1) the steps taken by the President and the Secretary in
accordance with subsection (a)(1); and
(2) the status of any discussions between the People's
Republic of China and the Dalai Lama or his representatives.
SEC. 614. <<NOTE: 22 USC 6901 note.>> REPORTING ON TIBET.
Whenever a report is transmitted to Congress under section 116 or
502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151m, 2304) or
under section 102(b) of the International Religious Freedom Act of 1998
(22 U.S.C. 6412(b)), Tibet shall be included in such report as a
separate section.
SEC. 615. <<NOTE: 22 USC 6901 note, 6912.>> CONGRESSIONAL-EXECUTIVE
COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA.
Section 302(h) of the U.S.-China Relations Act of 2000 (Public Law
106-286), relating to the Congressional-Executive Commission on the
People's Republic of China, is amended--
[[Page 116 STAT. 1397]]
(1) by striking ``shall include specific information'' and
inserting the following: ``shall include--
``(1) specific information'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(2) a description of the status of negotiations between
the Government of the People's Republic of China and the Dalai
Lama or his representatives, and measures taken to safeguard
Tibet's distinct historical, religious, cultural, and linguistic
identity and the protection of human rights.''.
SEC. 616. <<NOTE: 22 USC 6901 note.>> ECONOMIC DEVELOPMENT IN TIBET.
(a) Declarations of Policy.--It is the policy of the United States
to support economic development, cultural preservation, health care, and
education and environmental sustainability for Tibetans inside Tibet. In
support of this policy, the United States shall use its voice and vote
to support projects designed in accordance with the principles contained
in subsection (d) that are designed to raise the standard of living for
the Tibetan people and assist Tibetans to become self-sufficient.
(b) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to support projects in Tibet, if the projects are designed
in accordance with the principles contained in subsection (d).
(c) Export-Import Bank and TDA.--The Export-Import Bank of the
United States and the Trade and Development Agency should support
projects proposed to be funded or otherwise supported by such entities
in Tibet, if the projects are designed in accordance with the principles
contained in subsection (d).
(d) Tibet Project Principles.--Projects in Tibet supported by
international financial institutions, other international organizations,
nongovernmental organizations, and the United States entities referred
to in subsection (c), should--
(1) be implemented only after conducting a thorough
assessment of the needs of the Tibetan people through field
visits and interviews;
(2) be preceded by cultural and environmental impact
assessments;
(3) foster self-sufficiency and self-reliance of Tibetans;
(4) promote accountability of the development agencies to
the Tibetan people and active participation of Tibetans in all
project stages;
(5) respect Tibetan culture, traditions, and the Tibetan
knowledge and wisdom about their landscape and survival
techniques;
(6) be subject to on-site monitoring by the development
agencies to ensure that the intended target group benefits;
(7) be implemented by development agencies prepared to use
Tibetan as the working language of the projects;
(8) neither provide incentive for, nor facilitate the
migration and settlement of, non-Tibetans into Tibet; and
(9) neither provide incentive for, nor facilitate the
transfer of ownership of, Tibetan land or natural resources to
non-Tibetans.
[[Page 116 STAT. 1398]]
SEC. 617. RELEASE <<NOTE: 22 USC 6901 note.>> OF PRISONERS AND ACCESS TO
PRISONS.
The President and the Secretary, in meetings with representatives of
the Government of the People's Republic of China, should--
(1) request the immediate and unconditional release of all
those held prisoner for expressing their political or religious
views in Tibet;
(2) seek access for international humanitarian organizations
to prisoners in Tibet to ensure that prisoners are not being
mistreated and are receiving necessary medical care; and
(3) seek the immediate medical parole of Tibetan prisoners
known to be in serious ill health.
SEC. 618. <<NOTE: 22 USC 6901 note.>> ESTABLISHMENT OF A UNITED STATES
BRANCH OFFICE IN LHASA, TIBET.
The Secretary should make best efforts to establish an office in
Lhasa, Tibet, to monitor political, economic, and cultural developments
in Tibet.
SEC. 619. <<NOTE: 22 USC 6901 note.>> REQUIREMENT FOR TIBETAN LANGUAGE
TRAINING.
The Secretary shall ensure that Tibetan language training is
available to Foreign Service officers, and that every effort is made to
ensure that a Tibetan-speaking Foreign Service officer is assigned to a
United States post in the People's Republic of China responsible for
monitoring developments in Tibet.
SEC. 620. <<NOTE: 22 USC 6901 note.>> RELIGIOUS PERSECUTION IN TIBET.
(a) High-Level Contacts.--Pursuant to section 105 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6414), the United
States Ambassador to the People's Republic of China should--
(1) meet with the 11th Panchen Lama, who was taken from his
home on May 17, 1995, and otherwise ascertain information
concerning his whereabouts and well-being; and
(2) request that the Government of the People's Republic of
China release the 11th Panchen Lama and allow him to pursue his
religious studies without interference and according to
tradition.
(b) Promotion of Increased Advocacy.--Pursuant to section 108(a) of
the International Religious Freedom Act of 1998 (22 U.S.C. 6417(a)), it
is the sense of Congress that representatives of the United States
Government in exchanges with officials of the Government of the People's
Republic of China should call for and otherwise promote the cessation of
all interference by the Government of the People's Republic of China or
the Communist Party in the religious affairs of the Tibetan people.
SEC. 621. <<NOTE: 22 USC 6901 note.>> UNITED STATES SPECIAL COORDINATOR
FOR TIBETAN ISSUES.
(a) United States Special Coordinator for Tibetan Issues.--There
shall be within the Department a United States Special Coordinator for
Tibetan Issues (in this section referred to as the ``Special
Coordinator'').
(b) Consultation.--The Secretary shall consult with the chairmen and
ranking minority members of the appropriate congressional committees
prior to the designation of the Special Coordinator.
[[Page 116 STAT. 1399]]
(c) Central Objective.--The central objective of the Special
Coordinator is to promote substantive dialogue between the Government of
the People's Republic of China and the Dalai Lama or his
representatives.
(d) Duties and Responsibilities.--The Special Coordinator shall--
(1) coordinate United States Government policies, programs,
and projects concerning Tibet;
(2) vigorously promote the policy of seeking to protect the
distinct religious, cultural, linguistic, and national identity
of Tibet, and pressing for improved respect for human rights;
(3) maintain close contact with religious, cultural, and
political leaders of the Tibetan people, including regular
travel to Tibetan areas of the People's Republic of China, and
to Tibetan refugee settlements in India and Nepal;
(4) consult with Congress on policies relevant to Tibet and
the future and welfare of the Tibetan people;
(5) make efforts to establish contacts in the foreign
ministries of other countries to pursue a negotiated solution
for Tibet; and
(6) take all appropriate steps to ensure adequate resources,
staff, and bureaucratic support to fulfill the duties and
responsibilities of the Special Coordinator.
Subtitle <<NOTE: East Timor Transition to Independence Act of
2002.>> C--East Timor Transition to Independence Act of 2002
SEC. 631. <<NOTE: 22 USC 2656 note.>> SHORT TITLE.
This subtitle may be cited as the ``East Timor Transition to
Independence Act of 2002''.
SEC. 632. <<NOTE: 22 USC 2656 note.>> BILATERAL ASSISTANCE.
(a) Authority.--The President, acting through the Administrator of
the United States Agency for International Development, is authorized
to--
(1) support the development of civil society, including
nongovernmental organizations in East Timor;
(2) promote the development of an independent news media;
(3) support job creation, including support for small
business and microenterprise programs, environmental protection,
sustainable development, development of East Timor's health care
infrastructure, educational programs, and programs strengthening
the role of women in society;
(4) promote reconciliation, conflict resolution, and
prevention of further conflict with respect to East Timor,
including establishing accountability for past gross human
rights violations;
(5) support the voluntary and safe repatriation and
reintegration of refugees into East Timor;
(6) support political party development, voter education,
voter registration, and other activities in support of free and
fair elections in East Timor; and
(7) promote the development of the rule of law.
(b) Authorization of Appropriations.--
[[Page 116 STAT. 1400]]
(1) In general.--There is authorized to be appropriated to
the President to carry out this section $25,000,000 for the
fiscal year 2003.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 633. <<NOTE: 22 USC 2656 note.>> MULTILATERAL ASSISTANCE.
The Secretary of the Treasury shall instruct the United States
executive director at each international financial institution to which
the United States is a member to use the voice, vote, and influence of
the United States to support economic and democratic development in East
Timor.
SEC. 634. <<NOTE: 22 USC 2656 note.>> TRADE AND INVESTMENT ASSISTANCE.
(a) OPIC.--The President should initiate negotiations with the
Government of East Timor to enter into a new agreement authorizing the
Overseas Private Investment Corporation to carry out programs with
respect to East Timor in order to expand United States investment in
East Timor, emphasizing partnerships with local East Timorese
enterprises.
(b) Trade and Development Agency.--
(1) In general.--The Director of the Trade and Development
Agency is authorized to carry out projects in East Timor under
section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
2421).
(2) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to the Trade and Development Agency to
carry out this subsection $1,000,000 for fiscal year
2003.
(B) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under subparagraph
(A) are authorized to remain available until expended.
(c) Export-Import Bank.--The Export-Import Bank of the United States
should expand its activities in connection with exports to East Timor to
the extent such activities are requested and to the extent there is a
reasonable assurance of repayment.
SEC. 635. <<NOTE: Records. 22 USC 2656 note.>> GENERALIZED SYSTEM OF
PREFERENCES.
As soon as possible after the enactment of this Act, the United
States Trade Representative and the Commissioner of Customs should send
an assessment team to East Timor to compile a list of duty-free eligible
products so that the Government of East Timor can begin the process of
applying for General System of Preference benefits.
SEC. 636. <<NOTE: 22 USC 2656 note.>> AUTHORITY FOR RADIO BROADCASTING.
The Broadcasting Board of Governors should broadcast to East Timor
in an appropriate language or languages.
SEC. 637. <<NOTE: 22 USC 2656 note.>> SECURITY ASSISTANCE FOR EAST
TIMOR.
(a) Study and Report.--
(1) <<NOTE: President.>> Study.--The President shall conduct
a study to determine--
(A) the extent to which East Timor's security needs
can be met by the transfer of excess defense articles
under section 516 of the Foreign Assistance Act of 1961;
[[Page 116 STAT. 1401]]
(B) the extent to which international military
education and training (IMET) assistance will enhance
professionalism of the armed forces of East Timor,
provide training in human rights, and promote respect
for human rights and humanitarian law; and
(C) the terms and conditions under which such
defense articles or training, as appropriate, should be
provided.
(2) <<NOTE: Deadline.>> Report.--Not later than 180 days
after the date of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a report
that contains the findings of the study conducted under
paragraph (1).
(b) Authorization of Assistance.--
(1) <<NOTE: Effective date.>> In general.--Beginning on the
date on which Congress receives the report transmitted under
subsection (a)(2), or the date on which Congress receives the
certification transmitted under paragraph (2), whichever occurs
later, the President is authorized--
(A) to transfer excess defense articles under
section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j) to East Timor in accordance with such
section; and
(B) to provide military education and training under
chapter 5 of part II of such Act (22 U.S.C. 2347 et
seq.) for the armed forces of East Timor in accordance
with such chapter.
(2) Certification.--A certification described in this
paragraph is a certification that--
(A) East Timor has established an independent armed
forces; and
(B) the assistance proposed to be provided pursuant
to paragraph (1)--
(i) is in the national security interests of
the United States; and
(ii) will promote both human rights in East
Timor and the professionalization of the armed
forces of East Timor.
SEC. <<NOTE: 22 USC 2656 note.>> 638. REPORTING REQUIREMENT.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of enactment of this Act, and every 12 months thereafter for
the next five years, the Secretary shall prepare and transmit to the
appropriate congressional committees a report that contains the
information described in subsection (b).
(b) Information.--The report required by subsection (a) shall
include--
(1) developments in East Timor's political and economic
situation in the period covered by the report, including an
evaluation of any elections which have occurred in East Timor
and the refugee reintegration process in East Timor;
(2) in the initial report, a 3-year plan for United States
foreign assistance to East Timor in accordance with section 632,
prepared by the Administrator of the United States Agency for
International Development, which outlines the goals for United
States foreign assistance to East Timor during the 3-year
period;
(3) a description of the activities undertaken in East Timor
by the International Bank for Reconstruction and Development,
the Asian Development Bank, and other international financial
[[Page 116 STAT. 1402]]
institutions, and an evaluation of the effectiveness of these
activities;
(4) an assessment of the status of United States trade and
investment relations with East Timor, including a detailed
analysis of any trade and investment-related activity supported
by the Overseas Private Investment Corporation, the Export-
Import Bank of the United States, or the Trade and Development
Agency during the period of time since the previous report;
(5) a comprehensive study and report on local agriculture in
East Timor, emerging opportunities for producing, processing,
and exporting indigenous agricultural products, and
recommendations for appropriate technical assistance from the
United States; and
(6) statistical data drawn from other sources on economic
growth, health, education, and distribution of resources in East
Timor.
Subtitle <<NOTE: Clean Water for the Americas Partnership Act of
2002.>> D--Clean Water for the Americas Partnership
SEC. <<NOTE: 22 USC 2151p note.>> 641. SHORT TITLE.
This subtitle may be cited as the ``Clean Water for the Americas
Partnership Act of 2002''.
SEC. <<NOTE: 22 USC 2151p note.>> 642. DEFINITIONS.
In this subtitle:
(1) Joint project.--The term ``joint project'' means a
project between a United States association or nonprofit entity
and a Latin American or Caribbean association or nongovernmental
organization.
(2) Latin american or caribbean nongovernmental
organization.--The term ``Latin American or Caribbean
nongovernmental organization'' includes any institution of
higher education, any private nonprofit entity involved in
international education activities, or any research institute or
other research organization, based in the region.
(3) Region.--The term ``region'' refers to the region
comprised of the member countries of the Organization of
American States (other than the United States and Canada).
(4) United states association.--The term ``United States
association'' means a business league described in section
501(c)(6) of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(6)), and exempt from taxation under section 501(a) of
such Code (26 U.S.C. 501(a)).
(5) United states nonprofit entity.--The term ``United
States nonprofit entity'' includes any institution of higher
education (as defined in section 101(a) of the Higher Education
Act of 1965 (20 U.S.C. 1001(a)), any private nonprofit entity
involved in international education activities, or any research
institute or other research organization, based in the United
States.
SEC. <<NOTE: 22 USC 2151p note.>> 643. ESTABLISHMENT OF PROGRAM.
The President is authorized to establish a program which shall be
known as the ``Clean Water for the Americas Partnership''.
[[Page 116 STAT. 1403]]
SEC. <<NOTE: 22 USC 2151p note.>> 644. ENVIRONMENTAL ASSESSMENT.
The President is authorized to conduct a comprehensive assessment of
the environmental problems in the region to determine--
(1) which environmental problems threaten human health the
most, particularly the health of the urban poor;
(2) which environmental problems are most threatening, in
the long-term, to the region's natural resources;
(3) which countries have the most pressing environmental
problems; and
(4) whether and to what extent there is a market for United
States environmental technology, practices, knowledge, and
innovations in the region.
SEC. <<NOTE: 22 USC 2151p note.>> 645. ESTABLISHMENT OF TECHNOLOGY
AMERICA CENTERS.
(a) Authority To Establish.--The President, acting through the
Director General of the United States and Foreign Commercial Service of
the Department of Commerce, is authorized to establish Technology
America Centers (TEAMs) in the region to serve the entire region and,
where appropriate, to establish TEAMs in urban areas of the region to
focus on urban environmental problems.
(b) Functions.--The TEAMs would link United States private sector
environmental technology firms with local partners, both public and
private, by providing logistic and information support to United States
firms seeking to find local partners and opportunities for environmental
projects. TEAMs should emphasize assisting United States small
businesses.
(c) Location.--In determining whether to locate a TEAM in a country,
the President, acting through the Director General of the United States
and Foreign Commercial Service of the Department of Commerce, shall take
into account the country's need for logistic and informational support
and the opportunities presented for United States firms in the country.
A TEAM may be located in a country without regard to whether a mission
of the United States Agency for International Development is established
in that country.
SEC. <<NOTE: Grants. 22 USC 2151p note.>> 646. PROMOTION OF WATER
QUALITY, WATER TREATMENT SYSTEMS, AND ENERGY EFFICIENCY.
Subject to the availability of appropriations, the President is
authorized to provide matching grants to United States associations and
United States nonprofit entities for the purpose of promoting water
quality, water treatment systems, and energy efficiency in the region.
The grants shall be used to support joint projects, including
professional exchanges, academic fellowships, training programs in the
United States or in the region, cooperation in regulatory review,
development of training materials, the establishment and development in
the region of local chapters of the associations or nonprofit entities,
and the development of online exchanges.
SEC. <<NOTE: 22 USC 2151p note.>> 647. GRANTS FOR PREFEASIBILITY STUDIES
WITHIN A DESIGNATED SUBREGION.
(a) Grant Authority.--
(1) In general.--Subject to the availability of
appropriations, the Director of the Trade and Development Agency
is authorized to make grants for prefeasibility studies for
water projects in any country within a single subregion or in a
single country designated under paragraph (2).
[[Page 116 STAT. 1404]]
(2) Designation of subregion.--The Director of the Trade and
Development Agency shall designate in advance a single subregion
or a single country for purposes of paragraph (1).
(b) Matching Requirement.--The Director of the Trade and Development
Agency may not make any grant under this section unless there are made
available non-Federal contributions in an amount equal to not less than
25 percent of the amount of Federal funds provided under the grant.
(c) Limitation Per Single Project.--With respect to any single
project, grant funds under this section shall be available only for the
prefeasibility portion of that project.
(d) Definitions.--In this section:
(1) Prefeasibility.--The term ``prefeasibility'' means, with
respect to a project, not more than 25 percent of the design
phase of the project.
(2) Subregion.--The term ``subregion'' means an area within
the region and includes areas such as Central America, the
Andean region, and the Southern cone.
SEC. <<NOTE: 22 USC 2151p note.>> 648. CLEAN WATER TECHNICAL SUPPORT
COMMITTEE.
(a) In General.--The President is authorized to establish a Clean
Water Technical Support Committee (in this section referred to as the
``Committee'') to provide technical support and training services for
individual water projects.
(b) Composition.--The Committee shall consist of international
investors, lenders, water service providers, suppliers, advisers, and
others with a direct interest in accelerating development of water
projects in the region.
(c) Functions.--Members of the Committee shall act as field advisers
and may form specialized working groups to provide in-country training
and technical assistance, and shall serve as a source of technical
support to resolve barriers to project development.
SEC. <<NOTE: 22 USC 2151p note.>> 649. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
President $10,000,000 for each of the fiscal years 2003, 2004, and 2005
to carry out this subtitle.
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to remain available until expended.
SEC. <<NOTE: Deadline. President. 22 USC 2151p note.>> 650. REPORT.
Eighteen months after the establishment of the program pursuant to
section 643, the President shall submit a report to the appropriate
congressional committees containing--
(1) an assessment of the progress made in carrying out the
program established under this subtitle; and
(2) any recommendations for the enactment of legislation to
make changes in the program established under this subtitle.
SEC. <<NOTE: 22 USC 2151p note.>> 651. TERMINATION DATE.
(a) In General.--Except as provided in subsection (b), the
authorities of this subtitle shall terminate 3 years after the date of
establishment of the program described in section 643.
(b) Exception.--In lieu of the termination date specified in
subsection (a), the termination required by that subsection shall take
effect five years after the date of establishment of the program
described in section 643 if, prior to the termination date specified
[[Page 116 STAT. 1405]]
in subsection (a), the President determines and certifies to the
appropriate congressional committees that it would be in the national
interest of the United States to continue the program described in such
section 643 for an additional 2-year period.
SEC. <<NOTE: 22 USC 2151p note.>> 652. EFFECTIVE DATE.
This subtitle shall take effect 90 days after the date of enactment
of this Act.
Subtitle <<NOTE: Freedom Investment Act of 2002. Human rights.>> E--
Freedom Investment Act of 2002
SEC. <<NOTE: 22 USC 2151 note.>> 661. SHORT TITLE.
This subtitle may be cited as the ``Freedom Investment Act of
2002''.
SEC. <<NOTE: 22 USC 2151n-2 note.>> 662. PURPOSES.
The purposes of this subtitle are the following:
(1) To underscore that promoting and protecting human rights
is in the national interests of the United States and is
consistent with American values and beliefs.
(2) To establish a goal of devoting one percent of the funds
available to the Department under ``Diplomatic and Consular
Programs'', other than such funds that will be made available
for worldwide security upgrades and information resource
management, to enhance the ability of the United States to
promote respect for human rights and the protection of human
rights defenders.
SEC. 663. HUMAN RIGHTS ACTIVITIES AT THE DEPARTMENT OF STATE.
(a) Increasing Resources and Importance of Human Rights.--It is the
sense of Congress that--
(1) the budget for the Bureau of Democracy, Human Rights,
and Labor for fiscal years 2003 and 2004 should be substantially
increased so that beginning in fiscal year 2005, and each fiscal
year thereafter, not less than 1 percent of the amounts made
available to the Department under the heading ``Diplomatic and
Consular Programs'', other than amounts made available for
worldwide security upgrades and information resource management,
should be made available for salaries and expenses of the Bureau
of Democracy, Human Rights, and Labor; and
(2) any assignment of an individual to a political officer
position at a United States mission abroad that has the primary
responsibility for monitoring human rights developments in a
foreign country should be made upon the recommendation of the
Assistant Secretary of State for Democracy, Human Rights, and
Labor in conjunction with the head of the Department's regional
bureau having primary responsibility for that country.
(b) <<NOTE: Deadline.>> Plan Related to Human Rights Activities.--
Not later than 180 days after the date of enactment of this Act, the
Secretary shall submit to the appropriate congressional committees a
report containing a plan for the Department designed to achieve the
following objectives:
[[Page 116 STAT. 1406]]
(1) Improving the integration of human rights policy into
the Department's overall policy formulation and implementation.
(2) Achieving closer communication and policy coordination
between the Bureau of Democracy, Human Rights, and Labor and the
regional bureaus of the Department, both within the United
States and at overseas posts.
(3) Assigning individuals recommended by the Bureau of
Democracy, Human Rights, and Labor, in conjunction with the
relevant Department regional bureau, to political officer
positions at United States missions abroad that have the primary
responsibility for monitoring human rights developments in
foreign countries.
SEC. <<NOTE: 22 USC 2151n-2.>> 664. HUMAN RIGHTS AND DEMOCRACY FUND.
(a) Establishment of Fund.--There is established a Human Rights and
Democracy Fund (in this section referred to as the ``Fund'') to be
administered by the Assistant Secretary of State for Democracy, Human
Rights, and Labor.
(b) Purposes of Fund.--The purposes of the Fund shall be--
(1) to support defenders of human rights;
(2) to assist the victims of human rights violations;
(3) to respond to human rights emergencies;
(4) to promote and encourage the growth of democracy,
including the support for nongovernmental organizations in
foreign countries; and
(5) to carry out such other related activities as are
consistent with paragraphs (1) through (4).
(c) Funding.--
(1) In general.--Of the amounts made available to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961 for
fiscal year 2003, $21,500,000 is authorized to be available to
the Fund for carrying out the purposes described in subsection
(b). Amounts made available to the Fund under this paragraph
shall also be deemed to have been made available under section
116(e) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(e)).
(2) Allocation of funds for the documentation center of
cambodia.--Of the amount authorized to be available to the Fund
under paragraph (1) for fiscal year 2003, $1,000,000 is
authorized to be available for the Documentation Center of
Cambodia for the purpose of collecting, cataloguing, and
disseminating information about the atrocities committed by the
Khmer Rouge against the Cambodian people.
(3) Father john kaiser memorial fund.--Of the amount
authorized to be available to the Fund under paragraph (1) for
fiscal year 2003, $500,000 is authorized to be available to
advance the extraordinary work and values of Father John Kaiser
with respect to solving ethnic conflict and promoting government
accountability and respect for human rights. The amount made
available under this paragraph may be referred to as the
``Father John Kaiser Memorial Fund''.
SEC. 665. REPORTS ON ACTIONS TAKEN BY THE UNITED STATES TO ENCOURAGE
RESPECT FOR HUMAN RIGHTS.
(a) Section 116 Report.--Section 116(d) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n(d)) is amended--
[[Page 116 STAT. 1407]]
(1) in paragraph (7), by striking ``and'' at the end and
inserting a semicolon;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) for each country with respect to which the report
indicates that extrajudicial killings, torture, or other serious
violations of human rights have occurred in the country, the
extent to which the United States has taken or will take action
to encourage an end to such practices in the country.''.
(b) Section 502B Report.--Section 502B(b) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2304(b)) is amended by inserting after the fourth
sentence the following: ``Such report shall also include, for each
country with respect to which the report indicates that extrajudicial
killings, torture, or other serious violations of human rights have
occurred in the country, the extent to which the United States has taken
or will take action to encourage an end to such practices in the
country.''.
(c) <<NOTE: 22 USC 2151n note.>> Separate Report.--The information
to be included in the report required by sections 116(d) and 502B(b) of
the Foreign Assistance Act of 1961 pursuant to the amendments made by
subsections (a) and (b) may be submitted by the Secretary as a separate
report. If the Secretary elects to submit such information as a separate
report, such report shall be submitted not later than 30 days after the
date of submission of the report required by section 116(d) and 502B(b)
of the Foreign Assistance Act of 1961.
Subtitle F--Elimination and Streamlining of Reporting Requirements
SEC. 671. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS.
The following provisions of law are hereby repealed:
(1) Economic policy and trade practices.--Section 2202 of
the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C.
4711).
(2) Annual reports on economic and social growth.--Section
574 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1996 (22 U.S.C. 2394 note).
(3) Reporting requirements regarding certain leases of real
property.--Section 488(a)(3) of the Foreign Assistance Act of
1961 (22 U.S.C. 2291g(3); relating to reporting requirements
regarding certain leases of real property).
(4) Reporting requirements regarding placement of senior
foreign service personnel.--Section 324 of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001 (section 324 of division A of H.R.
3427, as enacted into law by section 1000(a)(7) of Public Law
106-113; appendix G; 113 Stat. 1501A-437). <<NOTE: 22 USC 3945
note.>>
SEC. 672. BIENNIAL REPORTS ON PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.
(a) Conversion of annual reports to biennial reports.--Section
133(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152c(d)) is
amended--
[[Page 116 STAT. 1408]]
(1) in the subsection heading, by striking ``Annual Report''
and inserting ``Biennial Reports''; and
(2) in paragraph (1)--
(A) in the text above subparagraph (A), by striking
``an annual report'' and inserting ``a biennial
report'';
(B) in subparagraph (A), by striking ``prior year''
and inserting ``preceding two-year period''; and
(C) in subparagraph (B), by striking ``prior year''
and inserting ``preceding two-year period''.
(b) <<NOTE: Deadline. 22 USC 2152c note.>> Transition.--The first
biennial report under section 133(d) of the Foreign Assistance Act of
1961 (22 U.S.C. 2152c(d)), as amended by subsection (a), is required to
be submitted not later than two years after the date of submission of
the last annual report required under such section 133 (as in effect
before the date of enactment of this Act).
Subtitle G--Other Matters
SEC. 681. AMENDMENTS TO THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF 1998.
(a) Violations of Religious Freedom.--Section 102(b)(1)(B) of the
International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)(B)) is
amended by inserting ``including policies that discriminate against
particular religious groups or members of such groups,'' after ``the
existence of government policies violating religious freedom,''.
(b) Establishment of Staggered Terms of Members of Commission.--
Section 201(c) of such Act (22 U.S.C. 6431(c)) is amended by adding
after paragraph (1) the following new paragraph:
``(2) Establishment of staggered terms.--
``(A) In general.--Notwithstanding paragraph (1),
members of the Commission appointed to serve on the
Commission during the period May 15, 2003, through May
14, 2005, shall be appointed to terms in accordance with
the provisions of this paragraph.
``(B) Presidential appointments.--Of the three
members of the Commission appointed by the President
under subsection (b)(1)(B)(i), two shall be appointed to
a 1-year term and one shall be appointed to a 2-year
term.
``(C) Appointments by the president pro tempore of
the senate.--Of the three members of the Commission
appointed by the President pro tempore of the Senate
under subsection (b)(1)(B)(ii), one of the appointments
made upon the recommendation of the leader in the Senate
of the political party that is not the political party
of the President shall be appointed to a 1-year term,
and the other two appointments under such clause shall
be 2-year terms.
``(D) Appointments by the speaker of the house of
representatives.--Of the three members of the Commission
appointed by the Speaker of the House of Representatives
under subsection (b)(1)(B)(iii), one of the appointments
made upon the recommendation of the leader in the House
of the political party that is not the political party
of the President shall be to a 1-year term, and
[[Page 116 STAT. 1409]]
the other two appointments under such clause shall be 2-
year terms.
``(E) Appointments to 1-year terms.--The term of
each member of the Commission appointed to a 1-year term
shall be considered to have begun on May 15, 2003, and
shall end on May 14, 2004, regardless of the date of the
appointment to the Commission. Each vacancy which occurs
upon the expiration of the term of a member appointed to
a 1-year term shall be filled by the appointment of a
successor to a 2-year term.
``(F) Appointments to 2-year terms.--Each
appointment of a member to a two-year term shall
identify the member succeeded thereby, and each such
term shall end on May 14 of the year that is at least
two years after the expiration of the previous term,
regardless of the date of the appointment to the
Commission.''.
(c) Election of Chair of Commission.--Section 201(d) of such Act (22
U.S.C. 6431(d)) is amended by striking ``in each calendar'' and
inserting ``after May 30 of each''.
(d) Vacancies.--Section 201(g) of such Act (22 U.S.C. 6431(g)) is
amended by adding at the end the following: ``A member may serve after
the expiration of that member's term until a successor has taken office.
Any member appointed to fill a vacancy occurring before the expiration
of the term for which the member's predecessor was appointed shall be
appointed only for the remainder of that term.''.
(e) Authorizations of Appropriations.--Section 207(a) of such Act
(22 U.S.C. 6435(a)) is amended by inserting ``for the fiscal year 2003''
after ``$3,000,000''.
(f) Procurement of Nongovernmental Services.--The third sentence of
section 208(c)(1) of such Act (22 U.S.C. 6435a(c)(1)) is amended to read
as follows: ``The Commission may procure temporary and intermittent
services under the authority of section 3109(b) of title 5, United
States Code, except that the Commission may not expend more than
$100,000 in any fiscal year to procure such services.''.
(g) Revised Termination Date of Commission.--Section 209 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6436) is amended
by striking ``May 14, 2003'' and inserting ``September 30, 2011''.
SEC. 682. AMENDMENTS TO THE VICTIMS OF TRAFFICKING AND VIOLENCE
PROTECTION ACT OF 2000.
(a) Assistance for Victims in Other Countries.--Section 107(a)(1) of
the Victims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7105(a)(1)) is amended by adding at the end the following: ``In
addition, such programs and initiatives shall, to the maximum extent
practicable, include the following:
``(A) Support for local in-country nongovernmental
organization-operated hotlines, culturally and
linguistically appropriate protective shelters, and
regional and international nongovernmental organization
networks and databases on trafficking, including support
to assist nongovernmental organizations in establishing
service centers and systems that are mobile and extend
beyond large cities.
``(B) Support for nongovernmental organizations and
advocates to provide legal, social, and other services
and
[[Page 116 STAT. 1410]]
assistance to trafficked individuals, particularly those
individuals in detention.
``(C) Education and training for trafficked women
and girls.
``(D) The safe integration or reintegration of
trafficked individuals into an appropriate community or
family, with full respect for the wishes, dignity, and
safety of the trafficked individual.
``(E) Support for developing or increasing programs
to assist families of victims in locating, repatriating,
and treating their trafficked family members, in
assisting the voluntary repatriation of these family
members or their integration or resettlement into
appropriate communities, and in providing them with
treatment.''.
(b) Authorization of Appropriations.--Section 113 of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7110) is
amended--
(1) in subsection (a), by striking ``for fiscal year 2002''
and inserting ``for each of the fiscal years 2002 and 2003'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``and $10,000,000
for fiscal year 2002'' and inserting ``, $10,000,000 for
fiscal year 2002, and $15,000,000 for fiscal year
2003''; and
(B) in paragraph (2)--
(i) by striking ``there are authorized to be
appropriated to the Secretary of State'' and
inserting ``there is authorized to be appropriated
to the Secretary of State for each of the fiscal
years 2001, 2002, and 2003''; and
(ii) by striking ``for fiscal year 2001'' and
inserting ``for such fiscal year''; and
(3) in paragraphs (1) and (2) of subsection (e), by striking
``and $10,000,000 for fiscal year 2002'' each place it appears
and inserting ``, $10,000,000 for fiscal year 2002, and
$15,000,000 for fiscal year 2003''.
SEC. 683. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON CHILD SOLDIERS.
(a) Countries Receiving Economic Assistance.--Section 116(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)), as amended by
section 665(a) of this Act, is further amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10)(A) wherever applicable, a description of the nature
and extent--
``(i) of the compulsory recruitment and conscription
of individuals under the age of 18 by armed forces of
the government of the country, government-supported
paramilitaries, or other armed groups, and the
participation of such individuals in such groups; and
``(ii) that such individuals take a direct part in
hostilities;
``(B) what steps, if any, taken by the government of the
country to eliminate such practices; and
[[Page 116 STAT. 1411]]
``(C) such other information related to the use by such
government of individuals under the age of 18 as soldiers, as
determined to be appropriate by the Secretary.''.
(b) Countries Receiving Security Assistance.--Section 502B(b) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended by
inserting after the sixth sentence the following: ``Each report under
this section shall also include (i) wherever applicable, a description
of the nature and extent of the compulsory recruitment and conscription
of individuals under the age of 18 by armed forces of the government of
the country, government-supported paramilitaries, or other armed groups,
the participation of such individuals in such groups, and the nature and
extent that such individuals take a direct part in hostilities, (ii)
what steps, if any, taken by the government of the country to eliminate
such practices, and (iii) such other information related to the use by
such government of individuals under the age of 18 as soldiers, as
determined to be appropriate by the Secretary of State.''.
SEC. 684. EXTENSION OF AUTHORITY FOR CAUCUS ON INTERNATIONAL NARCOTICS
CONTROL.
Section 814(i) of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (Public Law 99-93) <<NOTE: 22 USC 2291 note.>> is
amended by striking ``2002'' and inserting ``2005''.
SEC. 685. PARTICIPATION OF SOUTH ASIAN COUNTRIES IN INTERNATIONAL LAW
ENFORCEMENT.
The Secretary shall ensure, where practicable, that appropriate
government officials from countries in the South Asia region shall be
eligible to attend courses at the International Law Enforcement Academy
located in Bangkok, Thailand, and Budapest, Hungary, consistent with
other provisions of law, with the goal of enhancing regional cooperation
in the fight against transnational crime.
SEC. 686. PAYMENT OF ANTI-TERRORISM JUDGMENTS.
Section 2002(a)(2)(A)(ii) of the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386; 114 Stat. 1542)) is amended
by striking ``or July 27, 2000'' and inserting ``June 6, 2000, July 27,
2000, or January 16, 2002''.
SEC. <<NOTE: 22 USC 2352 note.>> 687. REPORTS ON PARTICIPATION BY SMALL
BUSINESSES IN PROCUREMENT CONTRACTS OF USAID.
(a) <<NOTE: Deadline.>> Initial Report.--Not later than 120 days
after the date of the enactment of this Act, the Administrator shall
submit to the designated congressional committees a report that contains
the following:
(1) For each of the fiscal years 2000, 2001, and 2002:
(A) The total number of the contracts that were
awarded by the Agency to--
(i) all small businesses;
(ii) small business concerns owned and
controlled by socially and economically
disadvantaged individuals;
(iii) small business concerns owned and
controlled by women;
(iv) small businesses participating in the
program under section 8(a) of such Act (15 U.S.C.
637(a)); and
(v) qualified HUBZone small business concerns.
(B) The percentage of all contracts awarded by the
Agency that were awarded to the small businesses in each
[[Page 116 STAT. 1412]]
category of small businesses specified in clauses (i)
through (v) of subparagraph (A), as computed on the
basis of dollar amounts.
(C) Of all contracts awarded by the Agency for
performance in the United States, the percentage of the
contracts that were awarded to the small businesses in
each category of small businesses specified in clauses
(i) through (v) of subparagraph (A), as computed on the
basis of dollar amounts.
(D) To the extent available--
(i) the total number of grant and cooperative
agreements that were made by the Agency to the
small businesses in each category of small
businesses specified in clauses (i) through (v) of
subparagraph (A);
(ii) the percentage of all grant and
cooperative agreements awarded by the Agency that
were awarded to small businesses in each category
of small businesses specified in clauses (i)
through (v) of subparagraph (A), as computed on
the basis of dollar amounts; and
(iii) of all grant and cooperative agreements
made by the Agency to entities in the United
States, the percentage of the grant and
cooperative agreements that were awarded to small
businesses in each category of small businesses
specified in clauses (i) through (v) of
subparagraph (A), as computed on the basis of
dollar amounts.
(E) To the extent available--
(i) the total dollar amount of all
subcontracts entered into with the small
businesses in each category specified in clauses
(i) through (v) of subparagraph (A) by the prime
contractors for contracts entered into by the
Agency; and
(ii) the percentage of all contracts entered
into by the Agency that were performed under
subcontracts described in clause (i), as computed
on the basis of dollar amounts.
(2) An analysis of any specific industries or sectors that
are underrepresented by small businesses in the awarding of
contracts by the Agency and, to the extent such information is
available, such analysis pertaining to the making of grants and
cooperative agreements by the Agency.
(3) A specific plan of outreach, including measurable
achievement milestones, to increase the total number of
contracts that are awarded by the Agency, and the percentage of
all contracts awarded by the Agency (computed on the basis of
dollar amount) that are awarded, to--
(A) all small businesses;
(B) small business concerns owned and controlled by
socially and economically disadvantaged individuals;
(C) small business concerns owned and controlled by
women;
(D) small businesses participating in the program
under section 8(a) of such Act (15 U.S.C. 637(a)); and
(E) qualified HUBZone small business concerns,
in order to meet the statutory and voluntary targets established
by the Agency and the Small Business Administration, with
[[Page 116 STAT. 1413]]
a particular focus on the industries or sectors identified in
paragraph (2).
(4) Any other information the Administrator determines
appropriate.
(b) Plan To Increase Small Business Contracting.--The plan required
for the report under subsection (a)(3) shall include the following
matters:
(1) Proposals and milestones that apply to all contracts
entered into by or on behalf of the Agency in Washington, D.C.,
and proposals and milestones that apply to all contracts entered
into by or on behalf of the Agency by offices outside
Washington, D.C.
(2) Proposals and milestones of the Agency to increase the
amount of subcontracting to businesses described in such
subsection (a)(3) by the prime contractors of the Agency.
(3) With the milestones described in paragraph (2), a
description of how the Administrator plans to use the failure of
a prime contractor to meet goals as a ranking factor for
evaluating any other submission from the contractor for future
contracts by the Agency.
(c) <<NOTE: Deadlines.>> Annual Reports.--Not later than January 31,
2004, January 31, 2005, and January 31, 2006, the Administrator shall
submit to the designated congressional committees a report for the
preceding fiscal year that contains a description of the percentage of
total contract and grant and cooperative agreement dollar amounts that
were entered into by the Agency, and the total number of contracts and
grants and cooperative agreements that were awarded by the Agency, to
small businesses in each category specified in clauses (i) through (v)
of subsection (a)(1)(A) during such fiscal year. The report for a fiscal
year shall include, separately stated for contracts and grant and
cooperative agreements entered into by the Agency, the percentage of the
contracts and grant and cooperative agreements, respectively, that were
awarded to small businesses in each such category, as computed on the
basis of dollar amounts. The report shall also include a description of
achievements toward measurable milestones for direct contracts of the
Agency entered into by offices outside of Washington, D.C., and for
subcontracting by prime contractors of the Agency.
(d) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Agency.--The term ``Agency'' means the United States
Agency for International Development.
(3) Designated congressional committees.--The term
``designated congressional committees'' means--
(A) the Committee on International Relations and the
Committee on Small Business of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Small Business of the Senate.
SEC. 688. <<NOTE: 22 USC 2152e.>> PROGRAM TO IMPROVE BUILDING
CONSTRUCTION AND PRACTICES IN LATIN AMERICAN COUNTRIES.
(a) In General.--The President, acting through the Administrator of
the United States Agency for International Development, is authorized,
under such terms and conditions as the President
[[Page 116 STAT. 1414]]
may determine, to carry out a program to improve building construction
codes and practices in Ecuador, El Salvador, and other Latin American
countries (in this section referred to as the ``program'').
(b) Program Description.--
(1) In general.--The program shall be in the form of grants
to, or contracts with, organizations described in paragraph (2)
to support the following activities:
(A) Training.--Training of appropriate professionals
in Latin America from both the public and private
sectors to enhance their understanding of building and
housing codes and standards.
(B) Translation and distribution.--Translating and
distributing in the region detailed construction
manuals, model building codes, and publications from
organizations described in paragraph (2), including
materials that address zoning, egress, fire and life
safety, plumbing, sewage, sanitation, electrical
installation, mechanical installation, structural
engineering, and seismic design.
(C) Other assistance.--Offering other relevant
assistance as needed, such as helping government
officials develop seismic micro-zonation maps or draft
pertinent legislation, to implement building codes and
practices that will help improve the resistance of
buildings and housing in the region to seismic activity
and other natural disasters.
(2) Covered organizations.--Grants and contracts provided
under this section shall be carried out through United States
organizations with expertise in the areas described in paragraph
(1), including the American Society of Testing Materials, the
Underwriters Laboratories, the American Society of Mechanical
Engineers, the American Society of Civil Engineers, the American
Society of Heating, Refrigeration, and Air Conditioning
Engineers, the International Association of Plumbing and
Mechanical Officials, the International Code Council, and the
National Fire Protection Association.
SEC. 689. SENSE OF CONGRESS RELATING TO HIV/AIDS AND UNITED NATIONS
PEACEKEEPING OPERATIONS.
It is the sense of the Congress that the President should direct the
Secretary and the United States Representative to the United Nations to
urge the United Nations to adopt an HIV/AIDS mitigation strategy as a
component of United Nations peacekeeping operations.
SEC. 690. SENSE OF CONGRESS RELATING TO MAGEN DAVID ADOM SOCIETY.
(a) Findings.--Congress finds the following:
(1) It is the mission of the International Red Cross and Red
Crescent Movement to prevent and alleviate human suffering
wherever it may be found, without discrimination.
(2) The International Red Cross and Red Crescent Movement is
a worldwide institution in which all national Red Cross and Red
Crescent societies have equal status.
(3) The Magen David Adom Society is the national
humanitarian society in the State of Israel.
(4) Since 1949 the Magen David Adom Society has been refused
admission into the International Red Cross and Red Crescent
Movement and has been relegated to observer status without a
vote because it has used the Red Shield of David,
[[Page 116 STAT. 1415]]
the only such national organization denied membership in the
Movement.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the International Committee of the Red Cross should
immediately recognize the Magen David Adom Society;
(2) the Federation of Red Cross and Red Crescent Societies
should grant full membership to the Magen David Adom Society
immediately following recognition by the International Committee
of the Red Cross of the Magen David Adom Society as a full
member of the International Committee of the Red Cross;
(3) the Red Shield of David should be accorded the same
protections under international law as the Red Cross and the Red
Crescent; and
(4) the United States should continue to press for full
membership for the Magen David Adom Society in the International
Red Cross Movement.
SEC. 691. SENSE OF CONGRESS REGARDING THE LOCATION OF PEACE CORPS
OFFICES ABROAD.
It is the sense of the Congress that, to the degree permitted by
security considerations, the Secretary should give favorable
consideration to requests by the Director of the Peace Corps that the
Secretary exercise his authority under section 606(a)(2)(B) of the
Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C.
4865(a)(2)(B)) to waive certain requirements of that Act in order to
permit the Peace Corps to maintain offices in foreign countries at
locations separate from the United States embassy.
SEC. 692. SENSE OF CONGRESS RELATING TO RESOLUTION OF THE TAIWAN STRAIT
ISSUE.
It is the sense of the Congress that Taiwan is a mature democracy
that fully respects human rights and it is the policy of the United
States that any resolution of the Taiwan Strait issue must be peaceful
and include the assent of the people of Taiwan.
SEC. 693. SENSE OF CONGRESS RELATING TO DISPLAY OF THE AMERICAN FLAG AT
THE AMERICAN INSTITUTE IN TAIWAN.
It is the sense of the Congress that the American Institute in
Taiwan and the residence of the director of the American Institute in
Taiwan should publicly display the flag of the United States in the same
manner as United States embassies, consulates, and official residences
throughout the world.
SEC. <<NOTE: 22 USC 2291 note.>> 694. REPORTS ON ACTIVITIES IN COLOMBIA.
(a) Report on Reform Activities.--
(1) In general.--Not <<NOTE: Deadlines.>> later than 180
days after the date of the enactment of this Act, and not later
than April 1 of each year thereafter, the Secretary shall submit
to the appropriate congressional committees a report on the
status of activities funded or authorized, in whole or in part,
by the Department or the Department of Defense in Colombia to
promote alternative development, recovery and resettlement of
internally displaced persons, judicial reform, the peace
process, and human rights.
(2) Contents.--Each such report shall contain the following:
[[Page 116 STAT. 1416]]
(A) A summary of activities described in paragraph
(1) during the previous 12-month period.
(B) An estimated timetable for the conduct of such
activities in the subsequent 12-month period.
(C) An explanation of any delay in meeting
timetables contained in the previous report submitted in
accordance with this subsection.
(D) An assessment of steps to be taken to correct
any delays in meeting such timetables.
(b) Report on Certain Counternarcotics Activities.--
(1) Declaration of policy.--It is the policy of the United
States to encourage the transfer of counternarcotics activities
carried out in Colombia by United States businesses that have
entered into agreements with the Department or the Department of
Defense to conduct such activities, to Colombian nationals, in
particular personnel of the Colombian antinarcotics police, when
properly qualified personnel are available.
(2) Report.-- <<NOTE: Deadlines.>> Not later than 180 days
after the date of the enactment of this Act, and not later than
April 1 of each year thereafter, the Secretary shall submit to
the appropriate congressional committees a report on the
activities of United States businesses that have entered into
agreements in the previous 12-month period with the Department
or the Department of Defense to carry out counternarcotics
activities in Colombia.
(3) Contents.--Each such report shall contain the following:
(A) The name of each United States business
described in paragraph (2) and description of the
counternarcotics activities carried out by the business
in Colombia.
(B) The total value of all payments by the
Department and the Department of Defense to each such
business for such activities.
(C) A written statement justifying the decision by
the Department and the Department of Defense to enter
into an agreement with each such business for such
activities.
(D) An assessment of the risks to personal safety
and potential involvement in hostilities incurred by
employees of each such business as a result of their
activities in Colombia.
(E) A plan to provide for the transfer of the
counternarcotics activities carried out by such United
States businesses to Colombian nationals, in particular
personnel of the Colombian antinarcotics police.
(4) Definition.--In this subsection, the term ``United
States business'' means any person (including any corporation,
partnership, or other organization) that is subject to the
jurisdiction of the United States or organized under the laws of
the United States, but does not include any person (including
any corporation, partnership, or other organization) that
performs contracts involving personal services.
SEC. 695. REPORT ON UNITED STATES-SPONSORED ACTIVITIES IN COLOMBIA.
(a) Findings.--Congress makes the following findings:
[[Page 116 STAT. 1417]]
(1) Heroin originating from Colombia is beginning to
dominate the illicit market of that narcotic in the United
States partly because law enforcement has struggled to interdict
effectively what is often voluminous importations of small
quantities of Colombia's inexpensive and pure heroin.
(2) Destruction of opium, from which heroin is derived, at
its source in Colombia is traditionally one of the best
strategies to combat the heroin crisis in the United States,
according to Federal law enforcement officials.
(3) There is a growing alarm concerning the spillover effect
of Plan Colombia on Ecuador, a frontline state. The northern
region of Ecuador, including the Sucumbios province, is an area
of particular concern.
(4) As a result of Plan Colombia-related activities, drug
traffickers, guerrillas, and paramilitary groups have made
incursions from Colombia into Ecuador, increasing the level of
violence and delinquency in the border region.
(b) <<NOTE: Deadline.>> Report to Congress.--Not later than 150 days
after the date of enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees which sets forth a
statement of policy and comprehensive strategy for United States
activities in Colombia related to--
(1) the eradication of all opium cultivation at its source
in Colombia; and
(2) the impact of Plan Colombia on Ecuador and the other
adjacent countries to Colombia.
SEC. 696. REPORT ON EXTRADITION POLICY AND PRACTICE.
Not later than <<NOTE: Deadline.>> May 1, 2003, the Secretary shall
submit a report to the appropriate congressional committees on
extradition practice between the United States and governments of
foreign countries with which the United States has an extradition
relationship. The report shall include--
(1) an aggregate list, by country, of--
(A) the number of extradition requests made by the
United States to that country in 2002; and
(B) the number of fugitives extradited by that
country to the United States in 2002;
(2) an aggregate list, by country, of--
(A) the number of extradition requests made by that
country to the United States in 2002; and
(B) the number of fugitives extradited by the United
States to that country in 2002;
(3) any other relevant information regarding difficulties
the United States has experienced in obtaining the extradition
of fugitives (including a discussion of the unwillingness of
treaty partners to extradite nationals or where fugitives may
face capital punishment or life imprisonment); and
(4) a summary of the Department's efforts in 2002 to
negotiate new or revised extradition treaties, and its agenda
for such negotiations in 2003.
SEC. 697. SPECIAL COURT FOR SIERRA LEONE.
(a) Finding.--Congress finds that prompt establishment of a Special
Court for Sierra Leone is an important step in restoring a credible
system of justice and accountability for the crimes committed in Sierra
Leone and would contribute to the process of national reconciliation in
that country.
[[Page 116 STAT. 1418]]
(b) Sense of Congress.--It is the sense of Congress that the United
States should support the Truth and Reconciliation Commission in Sierra
Leone, including through assistance in the collection of human rights
data relevant to the Commission's work.
(c) Allocation of Funds.--Of the amounts made available to the
Department of State for fiscal year 2003, there is authorized to be
available $5,000,000 to support the Special Court for Sierra Leone.
(d) Extension of Rewards Program.--Section 102 of Public Law 105-
323, as amended (22 U.S.C. 2708 note), is further amended--
(1) in subsection (a), by inserting ``the Special Court of
Sierra Leone'' after ``by,''; and
(2) in subsection (c), by adding at the end the following
new paragraph:
``(3) For the purposes of subsection (a), the Statute of the Special
Court for Sierra Leone means the Statute contained in the Annex to the
Agreement Between the United Nations and the Government of Sierra Leone
on the Establishment of a Special Court for Sierra Leone.''.
SEC. 698. UNITED STATES ENVOY FOR PEACE IN SUDAN.
There should continue to be a United States Envoy for Peace in Sudan
until the full implementation of a comprehensive settlement to the
conflict in Sudan that is acceptable to the parties to the conflict.
SEC. <<NOTE: 22 USC 2301 note.>> 699. TRANSFER OF PROSCRIBED WEAPONS TO
PERSONS OR ENTITIES IN THE WEST BANK AND GAZA.
(a) Determination Regarding Transfers.--If the President determines,
based on a preponderance of the evidence, that a foreign person or
entity has knowingly transferred proscribed weapons to Palestinian
entities in the West Bank or Gaza, then, for the period specified in
subsection (b), no assistance may be provided to the person or entity
under part II of the Foreign Assistance Act of 1961 and no sales of
defense articles or defense services may be made to the person or entity
under section 23 of the Arms Export Control Act.
(b) Duration of Prohibition.--The period referred to in subsection
(a) is the period commencing on the date on which a notification of a
determination under subsection (a) is submitted to the appropriate
congressional committees and ending on the date that is two years after
such date.
(c) <<NOTE: President.>> Report.--In conjunction with the report
required under title VIII of the P.L.O. Commitments Compliance Act of
1989 (Public Law 101-246), the President shall submit a report to the
appropriate congressional committees on transfers reviewed pursuant to
subsection (a).
(d) Definition.--In this section, the term ``proscribed weapons''
means arms, ammunition, and equipment the transfer of which is not in
compliance with the Agreement on the Gaza Strip and the Jericho Area of
May 4, 1994, its annexes, or subsequent agreements between Israel and
the PLO, or Palestinian Authority, as appropriate.
SEC. 700. SENSE OF CONGRESS RELATING TO ARSENIC CONTAMINATION IN
DRINKING WATER IN BANGLADESH.
(a) Findings.--Congress finds that--
[[Page 116 STAT. 1419]]
(1) beginning in 1993, naturally occurring inorganic arsenic
contamination of water began to be confirmed in Bangladesh in
tube-wells installed in the 1970s, when standard water testing
did not include arsenic tests;
(2) because health effects of ingesting arsenic-contaminated
drinking water appear slowly, preventative measures are critical
to preventing future contamination in the Bangladeshi
population; and
(3) health effects of exposure to arsenic include skin
lesions, skin cancer, and mortality from internal cancers.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary should--
(1) work with appropriate United States Government agencies,
national laboratories, universities in the United States, the
Government of Bangladesh, international financial institutions
and organizations, and international donors to identify a long-
term solution to the arsenic-contaminated drinking water problem
in Bangladesh, including drawing arsenic out of the existing
tube-wells and finding alternate sources of water; and
(2) submit a report to the appropriate congressional
committees on proposals to bring about arsenic-free drinking
water to Bangladeshis and to facilitate treatment for those who
have already been affected by arsenic-contaminated drinking
water in Bangladesh.
SEC. 701. POLICING REFORM AND HUMAN RIGHTS IN NORTHERN IRELAND.
(a) Congressional Statement of Policy.--Congress--
(1) <<NOTE: Patrick Finucane. Rosemary Nelson.>> supports
independent judicial public inquiries into the murders of
defense attorneys Patrick Finucane and Rosemary Nelson as a way
to instill confidence in the Police Service of Northern Ireland;
and
(2) continues to urge the United Kingdom to take appropriate
action to protect defense lawyers and human rights defenders in
Northern Ireland.
(b) Decommissioning Weapons.--Congress--
(1) calls on the Irish Republican Army to continue and
complete the decommissioning of all their arms and explosives;
and
(2) calls for--
(A) the decommissioning of all weapons held by
paramilitaries on all sides, such as the Provisional
Irish Republican Army (PIRA), the Real Irish Republican
Army (RIRA), the Continuity Irish Republican Army
(CIRA), the Loyalist Volunteer Force (LVF), the Orange
Volunteers (OV), the Red Hand Defenders (RHD), the
Ulster Defense Association/Ulster Freedom Fighters (UDA/
UFF), the Ulster Volunteer Force (UVF); and
(B) the immediate cessation of paramilitary
punishment attacks and exiling.
(c) Support for Global War on Terrorism.--Congress recognizes the
United Kingdom's commitment to support the United States in a global war
on terrorism.
(d) Report on Policing Reform and Human Rights in Northern
Ireland.--Not later <<NOTE: Deadline. President.>> than 60 days after
the date of the enactment of this Act, the President shall submit a
report to the appropriate congressional committees on the following:
[[Page 116 STAT. 1420]]
(1) The extent to which the Governments of the United
Kingdom and Ireland have implemented the recommendations
relating to the 175 policing reforms contained in the Patten
Commission report issued on September 9, 1999, including a
description of the progress of the integration of human rights,
as well as recruitment procedures aimed at increasing Catholic
representation, including the effectiveness of such procedures,
in the new Police Service of Northern Ireland.
(2) <<NOTE: Robert Hammill.>> The status of the
investigations into the murders of Patrick Finucane, Rosemary
Nelson, and Robert Hammill, including the extent to which
progress has been made on recommendations for independent
judicial public inquiries into these murders.
(3) All decommissioning acts taken to date by the Irish
Republican Army, including the quantity and precise character of
what the IRA decommissioned, as reported and verified by the
International Commission on Decommissioning.
(4) All acts of decommissioning taken by other paramilitary
organizations, including a description of all weapons and
explosives decommissioned.
(5) A description of the measures taken to ensure that the
programs described under subsection (e) comply with the
requirements of that subsection.
(e) Compliance With Prior Provisions.--Any training or exchange
program conducted by the Federal Bureau of Investigation or any other
Federal law enforcement agency for the Police Service of Northern
Ireland or its members shall--
(1) be necessary to improve the professionalism of policing
in Northern Ireland;
(2) be necessary to advance the peace process in Northern
Ireland;
(3) include in the curriculum a significant human rights
component; and
(4) only be provided to Police Service of Northern Ireland
(PSNI) members who have been subject to a vetting procedure
established by the Department and the Department of Justice to
ensure that such program does not include PSNI members who there
are substantial ground for believing have committed or condoned
violations of internationally recognized human rights, including
any role in the murder of Patrick Finucane or Rosemary Nelson or
other violence or serious threat of violence against defense
attorneys in Northern Ireland.
SEC. <<NOTE: 22 USC 2151n note.>> 702. ANNUAL REPORTS ON UNITED STATES-
VIETNAM HUMAN RIGHTS DIALOGUE MEETINGS.
Not <<NOTE: Deadline.>> later than December 31 of each year or 60
days after the second United States-Vietnam human rights dialogue
meeting held in a calendar year, whichever is earlier, the Secretary
shall submit to the appropriate congressional committees a report
covering the issues discussed at the previous two meetings and
describing to what extent the Government of Vietnam has made progress
during the calendar year toward achieving the following objectives:
(1) Improving the Government of Vietnam's commercial and
criminal codes to bring them into conformity with international
standards, including the repeal of the Government of Vietnam's
administrative detention decree (Directive 31/CP).
[[Page 116 STAT. 1421]]
(2) Releasing political and religious activists who have
been imprisoned or otherwise detained by the Government of
Vietnam, and ceasing surveillance and harassment of those who
have been released.
(3) Ending official restrictions on religious activity,
including implementing the recommendations of the United Nations
Special Rapporteur on Religious Intolerance.
(4) Promoting freedom for the press, including freedom of
movement of members of the Vietnamese and foreign press.
(5) Improving prison conditions and providing transparency
in the penal system of Vietnam, including implementing the
recommendations of the United Nations Working Group on Arbitrary
Detention.
(6) Respecting the basic rights of indigenous minority
groups, especially in the central and northern highlands of
Vietnam.
(7) Respecting the basic rights of workers, including
working with the International Labor Organization to improve
mechanisms for promoting such rights.
(8) Cooperating with requests by the United States to obtain
full and free access to persons who may be eligible for
admission to the United States as refugees or immigrants, and
allowing such persons to leave Vietnam without being subjected
to extortion or other corrupt practices.
SEC. 703. SENSE OF CONGRESS REGARDING HUMAN RIGHTS VIOLATIONS IN
INDONESIA.
It is the sense of Congress that the Government of Indonesia
should--
(1) demonstrate substantial progress toward ending human
rights violations by the armed forces in Indonesia (TNI);
(2) terminate any TNI support for and cooperation with
terrorist organizations, including Laskar Jihad and militias
operating in the Malukus, Central Sulawesi, West Papua (Irian
Jaya), and elsewhere;
(3) investigate and prosecute those responsible for human
rights violations, including TNI officials, members of Laskar
Jihad, militias, and other terrorist organizations; and
(4) make concerted and demonstrable efforts to find and
prosecute those responsible for the murders of Papuan leader
Theys Elvay, Acehnse human rights advocate Jafar Siddiq Hamzah,
and United States citizens Edwin L. Burgon and Ricky L. Spier.
SEC. 704. REPORT CONCERNING THE GERMAN FOUNDATION ``REMEMBRANCE,
RESPONSIBILITY, AND THE FUTURE''.
(a) Report Concerning the German Foundation ``Remembrance,
Responsibility, and the Future''.--Not <<NOTE: Deadline.>> later than
180 days after the date of the enactment of this Act, and every 180 days
thereafter until all funds made available to the German Foundation have
been disbursed, the Secretary shall report to the appropriate
congressional committees on the status of the implementation of the
Agreement and, to the extent possible, on whether or not--
(1) during the 180-day period preceding the date of the
report, the German Bundestag has authorized the allocation of
funds to the Foundation, in accordance with section 17 of
[[Page 116 STAT. 1422]]
the law on the creation of the Foundation, enacted by the
Federal Republic of Germany on August 8, 2000;
(2) the entire sum of 10,000,000,000 deutsche marks has been
made available to the German Foundation in accordance with Annex
B to the Joint Statement of July 17, 2000;
(3) during the 180-day period preceding the date of the
report, any company or companies investigating a claim, who are
members of ICHEIC, were required to provide to the claimant,
within 90 days after receiving the claim, a status report on the
claim, or a decision that included--
(A) an explanation of the decision, pursuant to
those standards of ICHEIC to be applied in approving
claims;
(B) all documents relevant to the claim that were
retrieved in the investigation; and
(C) an explanation of the procedures for appeal of
the decision;
(4) during the 180-day period preceding the date of the
report, any entity that elected to determine claims under
Article 1(4) of the Agreement was required to comply with the
standards of proof, criteria for publishing policyholder names,
valuation standards, auditing requirements, and decisions of the
Chairman of ICHEIC;
(5) during the 180-day period preceding the date of the
report, an independent process to appeal decisions made by any
entity that elected to determine claims under Article 1(4) of
the Agreement was available to and accessible by any claimant
wishing to appeal such a decision, and the appellate body had
the jurisdiction and resources necessary to fully investigate
each claim on appeal and provide a timely response;
(6) an independent audit of compliance by every entity that
has elected to determine claims under Article 1(4) of the
Agreement has been conducted; and
(7) the administrative and operational expenses incurred by
the companies that are members of ICHEIC are appropriate for the
administration of claims described in paragraph (3).
The Secretary's report shall include the Secretary's justification for
each determination under this subsection.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the resolution of slave and forced labor claims is an
urgent issue for aging Holocaust survivors, and the German
Bundestag should allocate funds for disbursement by the German
Foundation to Holocaust survivors as soon as possible; and
(2) ICHEIC should work in consultation with the Secretary in
gathering the information required for the report under
subsection (a).
(c) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the Agreement
between the Government of the United States of America and the
Government of the Federal Republic of Germany concerning the
Foundation ``Remembrance, Responsibility and the Future'', done
at Berlin July 17, 2000.
(2) Annex b to the joint statement of july 17, 2000.--The
term ``Annex B to the Joint Statement of July 17, 2000'' means
Annex B to the Joint Statement on occasion of the final plenary
meeting concluding international talks on the
[[Page 116 STAT. 1423]]
preparation of the Federal Foundation ``Remembrance,
Responsibility and the Future'', done at Berlin on July 17,
2000.
(3) German foundation.--The term ``German Foundation'' means
the Foundation ``Remembrance, Responsibility and the Future''
referred to in the Agreement.
(4) ICHEIC.--The term ``ICHEIC'' means the International
Commission on Holocaust Era Insurance Claims referred to in
Article 1(4) of the Agreement.
SEC. 705. SENSE OF CONGRESS ON RETURN OF PORTRAITS OF HOLOCAUST VICTIMS
TO THE ARTIST DINA BABBITT.
(a) Findings.--Congress finds that--
(1) <<NOTE: Dinah Gottliebova.>> Dina Babbitt (formerly
known as Dinah Gottliebova), a United States citizen has
requested the return of watercolor portraits she painted while
suffering a 1\1/2\-year-long internment at the Auschwitz death
camp during World War II;
(2) Dina Babbitt was ordered to paint the portraits by the
infamous war criminal Dr. Josef Mengele;
(3) Dina Babbitt's life, and her mother's life, were spared
only because she painted portraits of doomed inmates of
Auschwitz-Birkenau, under orders from Dr. Josef Mengele;
(4) these paintings are currently in the possession of the
Auschwitz-Birkenau State Museum;
(5) Dina Babbitt is the rightful owner of the artwork, since
the paintings were produced by her own talented hands as she
endured the unspeakable conditions that existed at the Auschwitz
death camp;
(6) the artwork is not available for the public to view at
the Auschwitz-Birkenau State Museum and therefore this unique
and important body of work is essentially lost to history; and
(7) this continued injustice can be righted through
cooperation between agencies of the United States and Poland.
(b) Sense of Congress.--Congress--
(1) recognizes the moral right of Dina Babbitt to obtain the
artwork she created, and recognizes her courage in the face of
the evils perpetrated by the Nazi command of the Auschwitz-
Birkenau death camp, including the atrocities committed by Dr.
Josef Mengele;
(2) urges the President to make all efforts necessary to
retrieve the 7 watercolor portraits Dina Babbitt painted, while
suffering a 1\1/2\-year-long internment at the Auschwitz death
camp, and return them to her;
(3) urges the Secretary to make immediate diplomatic efforts
to facilitate the transfer of the 7 original watercolors painted
by Dina Babbitt from the Auschwitz-Birkenau State Museum to Dina
Babbitt, their rightful owner;
(4) urges the Government of Poland to immediately facilitate
the return to Dina Babbitt of the artwork painted by her that is
now in the possession of the Auschwitz-Birkenau State Museum;
and
(5) urges the officials of the Auschwitz-Birkenau State
Museum to transfer the 7 original paintings to Dina Babbitt as
expeditiously as possible.
[[Page 116 STAT. 1424]]
SEC. 706. <<NOTE: 22 USC 2291j-1.>> INTERNATIONAL DRUG CONTROL
CERTIFICATION PROCEDURES.
During any fiscal year, funds that would otherwise be withheld from
obligation or expenditure under section 490 of the Foreign Assistance
Act of 1961 may be obligated or expended beginning October 1 of such
fiscal year provided that:
(1) <<NOTE: Deadline. President.>> Report.--Not later than
September 15 of the previous fiscal year the President has
submitted to the appropriate congressional committees a report
identifying each country determined by the President to be a
major drug transit country or major illicit drug producing
country as defined in section 481(e) of the Foreign Assistance
Act of 1961.
(2) Designation and justification.--In each report under
paragraph (1), the President shall also--
(A) designate each country, if any, identified in
such report that has failed demonstrably, during the
previous 12 months, to make substantial efforts--
(i) to adhere to its obligations under
international counternarcotics agreements; and
(ii) to take the counternarcotics measures set
forth in section 489(a)(1) of the Foreign
Assistance Act of 1961; and
(B) include a justification for each country so
designated.
(3) Limitation on assistance for designated countries.--In
the case of a country identified in a report under paragraph (1)
that is also designated under paragraph (2) in the report,
United States assistance may be provided to such country in the
subsequent fiscal year only if the President determines and
reports to the appropriate congressional committees that--
(A) provision of such assistance to the country in
such fiscal year is vital to the national interests of
the United States; or
(B) subsequent to the designation being made under
paragraph (2)(A), the country has made substantial
efforts--
(i) to adhere to its obligations under
international counternarcotics agreements; and
(ii) to take the counternarcotics measures set
forth in section 489(a)(1) of the Foreign
Assistance Act of 1961.
(4) International counternarcotics agreement defined.--In
this section, the term ``international counternarcotics
agreement'' means--
(A) the United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances;
or
(B) any bilateral or multilateral agreement in force
between the United States and another country or
countries that addresses issues relating to the control
of illicit drugs, such as--
(i) the production, distribution, and
interdiction of illicit drugs;
(ii) demand reduction;
(iii) the activities of criminal
organizations;
[[Page 116 STAT. 1425]]
(iv) international legal cooperation among
courts, prosecutors, and law enforcement agencies
(including the exchange of information and
evidence);
(v) the extradition of nationals and
individuals involved in drug-related criminal
activity;
(vi) the temporary transfer for prosecution of
nationals and individuals involved in drug-related
criminal activity;
(vii) border security;
(viii) money laundering;
(ix) illicit firearms trafficking;
(x) corruption;
(xi) control of precursor chemicals;
(xii) asset forfeiture; and
(xiii) related training and technical
assistance,
and includes, where appropriate, timetables and objective and
measurable standards to assess the progress made by
participating countries with respect to such issues.
(5) Application.--(A) Section 490 (a) through (h) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291j(a)-(h)) shall
not apply during any fiscal year with respect to any country
identified in the report required by paragraph (1) of this
section.
(B) Notwithstanding paragraphs (1) through (5)(A) of this
section, the President may apply the procedures set forth in
section 490 (a) through (h) of the Foreign Assistance Act of
1961 during any fiscal year with respect to any country
determined to be a major drug transit country or major illicit
drug producing country as defined in section 481(e) of the
Foreign Assistance Act of 1961.
(6) Statutory construction.--Nothing in this section
supersedes or modifies the requirement in section 489(a) of the
Foreign Assistance Act of 1961 (with respect to the
International Narcotics Control Strategy Report) for the
transmittal of a report not later than March 1, each fiscal year
under that section.
(7) Transition rule.--For funds obligated or expended under
this section in fiscal year 2003, the date for submission of the
report required by paragraph (1) of this section shall be at
least 15 days before funds are obligated or expended.
(8) Effective date.--This section shall take effect upon the
date of enactment of this Act into law and shall remain in
effect thereafter unless Congress enacts subsequent legislation
repealing such section.
DIVISION <<NOTE: Security Assistance Act of 2002.>> B--SECURITY
ASSISTANCE ACT OF 2002
TITLE X--GENERAL PROVISIONS
SEC. <<NOTE: 22 USC 2151 note.>> 1001. SHORT TITLE.
This division may be cited as the ``Security Assistance Act of
2002''.
SEC. <<NOTE: 22 USC 2151 note.>> 1002. DEFINITIONS.
In this division:
[[Page 116 STAT. 1426]]
(1) Defense article.--The term ``defense article'' has the
meaning given the term in section 47(3) of the Arms Export
Control Act (22 U.S.C. 2794 note).
(2) Defense service.--The term ``defense service'' has the
meaning given the term in section 47(4) of the Arms Export
Control Act (22 U.S.C. 2794 note).
(3) Excess defense article.--The term ``excess defense
article'' has the meaning given the term in section 644(g) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)).
TITLE XI--VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION AGREEMENTS
SEC. 1101. VERIFICATION AND COMPLIANCE BUREAU PERSONNEL.
(a) In General.--Of the amount authorized to be appropriated by
section 111(a)(1)(A), $14,000,000 is authorized to be available for the
Bureau of Verification and Compliance of the Department of State for
Bureau-administered activities, including the Key Verification Assets
Fund and to upgrade Bureau spaces for certification as a Sensitive
Compartmented Information Facility (SCIF).
(b) Additional Personnel.--In addition to the amount made available
under subsection (a), $1,800,000 is authorized to be available for the
fiscal year 2003 from the Department's American Salaries Account, for
the purpose of hiring new personnel to carry out the Bureau's
responsibilities, as set forth in section 112 of the Arms Export Control
and Nonproliferation Act of 1999 (113 Stat. 1501A-486), as enacted into
law by section 1000(a)(7) of Public Law 106-113, including the
assignment of one full-time person to the Bureau to manage the document
control, tracking, and printing requirements of the Bureau's operation
in a SCIF.
SEC. 1102. KEY VERIFICATION ASSETS FUND.
Of the total amount made available to the Department for fiscal year
2003, $7,000,000 is authorized to be available within the Verification
and Compliance Bureau's account to carry out section 1111 of the Arms
Control and Nonproliferation Act of 1999 (113 Stat. 1501A-486), as
enacted into law by section 1000(a)(7) of Public Law 106-113.
SEC. 1103. REVISED VERIFICATION AND COMPLIANCE REPORTING REQUIREMENTS.
Section 403(a) of the Arms Control and Disarmament Act (22 U.S.C.
2593a(a)) is amended by striking ``January 31'' and inserting ``April
15''.
[[Page 116 STAT. 1427]]
TITLE XII--MILITARY AND RELATED ASSISTANCE
Subtitle A--Foreign Military Sales and Financing Authorities
SEC. 1201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the President for grant
assistance under section 23 of the Arms Export Control Act (22 U.S.C.
2763) and for the subsidy cost, as defined in section 502(5) of the
Federal Credit Reform Act of 1990, of direct loans under such section
$4,107,200,000 for fiscal year 2003.
SEC. 1202. RELATIONSHIP OF FOREIGN MILITARY SALES TO UNITED STATES
NONPROLIFERATION INTERESTS.
(a) Authorized Purposes.--The first sentence of section 4 of the
Arms Export Control Act (22 U.S.C. 2754) is amended by inserting ``for
preventing or hindering the proliferation of weapons of mass destruction
and of the means of delivering such weapons,'' after ``self-defense,''.
(b) Definition of ``Weapons of Mass Destruction''.--Section 47 of
the Arms Export Control Act (22 U.S.C. 2794) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(10) `weapons of mass destruction' has the meaning
provided by section 1403(1) of the Defense Against Weapons of
Mass Destruction Act of 1996 (title XIV of Public Law 104-201;
110 Stat. 2717; 50 U.S.C. 2302(1)).''.
SEC. 1203. OFFICIAL RECEPTION AND REPRESENTATION EXPENSES.
Section 43(c) of the Arms Export Control Act (22 U.S.C. 2792(c)), is
amended by striking ``$72,500'' and inserting ``$86,500''.
SEC. 1204. ARMS EXPORT CONTROL ACT PROHIBITION ON TRANSACTIONS WITH
COUNTRIES THAT HAVE REPEATEDLY PROVIDED SUPPORT FOR ACTS OF
INTERNATIONAL TERRORISM.
The second sentence of section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)) is amended--
(1) by striking ``groups or'' and inserting ``groups,''; and
(2) by inserting before the period the following: ``, or
willfully aid or abet the efforts of an individual or group to
use, develop, produce, stockpile, or otherwise acquire chemical,
biological, or radiological weapons''.
SEC. 1205. CONGRESSIONAL NOTIFICATION OF SMALL ARMS AND LIGHT WEAPONS
LICENSE APPROVALS; REPORTS.
(a) Congressional Notification of Export License Approvals.--Section
36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)) is amended by
inserting ``(or, in the case of a defense article that is a firearm
controlled under category I of the United States Munitions List,
$1,000,000 or more)'' after ``$50,000,000 or more''.
[[Page 116 STAT. 1428]]
(b) Report.--Section 40A(c) of the Arms Export Control Act (22
U.S.C. 2785(c)) is amended by inserting before the period the following:
``and the numbers, range, and findings of end-use monitoring of United
States transfers of small arms and light weapons''.
(c) Annual Military Assistance Reports.--Section 655(b)(3) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)(3)) is amended by
inserting before the period at the end the following: ``, including, in
the case of defense articles that are firearms controlled under category
I of the United States Munitions List, a statement of the aggregate
dollar value and quantity of semiautomatic assault weapons, or spare
parts for such weapons, the manufacture, transfer, or possession of
which is unlawful under section 922 of title 18, United States Code,
that were licensed for export during the period covered by the report''.
(d) Report on Arms Brokering.-- <<NOTE: Deadline.>> Not later than
June 30, 2003, the Secretary shall submit a report to the appropriate
congressional committees on activities of registered arms brokers, which
shall discuss--
(1) the role of such brokers in the United States and other
countries;
(2) United States law, regulations, and policy regarding
arms brokers;
(3) violations of the Arms Export Control Act;
(4) United States resources and personnel devoted to the
monitoring of arms brokers;
(5) any needed changes in law, regulation, policy, or
resources; and
(6) any implications for the regulation of arms brokers in
other countries.
SEC. <<NOTE: 22 USC 2321k note.>> 1206. TREATMENT OF TAIWAN RELATING TO
TRANSFERS OF DEFENSE ARTICLES AND DEFENSE SERVICES.
Notwithstanding any other provision of law, for purposes of the
transfer or possible transfer of defense articles or defense services
under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other provision
of law, Taiwan shall be treated as though it were designated a major
non-NATO ally (as defined in section 644(q) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2403(q)).
Subtitle B--International Military Education and Training
SEC. 1211. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the President $85,000,000
for fiscal year 2003 to carry out chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to
international military education and training).
SEC. 1212. HUMAN RIGHTS VIOLATIONS.
(a) Annual Report.--Chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.) is amended by adding at the end the
following new section:
[[Page 116 STAT. 1429]]
``SEC. <<NOTE: 22 USC 2347h.>> 549. HUMAN RIGHTS REPORT.
``(a) <<NOTE: Deadline.>> In General.--Not later than March 1 of
each year, the Secretary of State shall submit to the Speaker of the
House of Representatives and the Committee on Foreign Relations of the
Senate a report describing, to the extent practicable, any involvement
of a foreign military or defense ministry civilian participant in
education and training activities under this chapter in a violation of
internationally recognized human rights reported under section 116(d) of
this Act subsequent to such participation.
``(b) Form.--The report described in subsection (a) shall be in
unclassified form, but may include a classified annex.''.
(b) Records Regarding Foreign Participants.--Section 548 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347g) is amended--
(1) by striking ``In'' and inserting:
``(a) Development and Maintenance of Database.--In''; and
(2) by adding at the end the following new subsections:
``(b) Annual List of Foreign Personnel.--For the purposes of
preparing the report required pursuant to section 549 of this Act, the
Secretary of State may annually request the Secretary of Defense to
provide information contained in the database, with respect to a list
submitted to the Secretary of Defense by the Secretary of State, that
contains the names of foreign personnel or military units. To the extent
practicable, the Secretary of Defense shall provide, and the Secretary
of State may take into account, the information contained in the
database, if any, relating to the Secretary of State's submission.
``(c) Updating of Database.--If the Secretary of State determines
and reports to Congress under section 549 of this Act that a foreign
person identified in the database maintained pursuant to this section
was involved in a violation of internationally recognized human rights,
the Secretary of Defense shall ensure that the database is updated to
contain such fact and all relevant information.''.
SEC. 1213. PARTICIPATION IN POST-UNDERGRADUATE FLYING TRAINING AND
TACTICAL LEADERSHIP PROGRAMS.
Section 544 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347c)
is amended by adding at the end the following new subsection:
``(c)(1) The President is authorized to enter into cooperative
arrangements providing for the participation of foreign and United
States military and civilian defense personnel in post-undergraduate
flying training and tactical leadership programs at training locations
in Southwest Asia without charge to participating foreign countries, and
without charge to funds available to carry out this chapter
(notwithstanding section 632(d) of this Act). Such training must satisfy
common requirements with the United States for post-undergraduate flying
and tactical leadership training.
``(2) Cooperative arrangements under this subsection shall require
an equitable contribution of support and services from each
participating country. The President may waive the requirement for an
equitable contribution of a participating foreign country if he
determines that to do so is important to the national security interests
of the United States.
[[Page 116 STAT. 1430]]
``(3) Costs incurred by the United States shall be charged to the
current applicable appropriations accounts or funds of the participating
United States Government agencies.''.
Subtitle C--Assistance for Select Countries
SEC. 1221. ASSISTANCE FOR ISRAEL AND EGYPT.
(a) Authorization of Appropriations for Israel.--Section 513 of the
Security Assistance Act of <<NOTE: 114 Stat. 856.>> 2000 (Public Law
106-280) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``2001 and 2002'' and
inserting ``2002 and 2003''; and
(ii) by adding at the end the following new
sentence: ``Such funds are authorized to be made
available on a grant basis as a cash transfer.'';
(B) by adding at the end the following new
paragraph:
``(3) Additional esf assistance for fiscal year 2003.--Only
for fiscal year 2003, in addition to the amount computed under
paragraph (2) for that fiscal year, an additional amount of
$200,000,000 is authorized to be made available for ESF
assistance for Israel, notwithstanding section 531(e) or 660(a)
of the Foreign Assistance Act of 1961, for defensive, nonlethal,
antiterrorism assistance, which amount shall be considered, for
purposes of subsection (d), as an amount appropriated by an Act
making supplemental appropriations.'';
(2) in subsection (c)(1), by striking ``2001 and 2002'' and
inserting ``2002 and 2003'';
(3) in subsection (c)(3), by striking ``Funds authorized''
and all that follows through ``later'' and inserting: ``Funds
authorized to be available for Israel under subsection (b)(1)
and paragraph (1) of this subsection for fiscal years 2002 and
2003 shall be disbursed not later than 30 days after the date of
enactment of an Act making appropriations for foreign
operations, export financing, and related programs for fiscal
year 2002, and not later than 30 days after the date of
enactment of an Act making appropriations for foreign
operations, export financing, and related programs for fiscal
year 2003, or October 31 of the respective fiscal year,
whichever is later.''; and
(4) in subsection (c)(4)--
(A) by striking ``fiscal year 2001'' and inserting
``fiscal years 2002 and 2003''; and
(B) by striking ``$520,000,000'' and inserting
``$535,000,000 for fiscal year 2002 and not less than
$550,000,000 for fiscal year 2003''.
(b) Authorization of Appropriations for Egypt.--Section 514 of the
Security Assistance Act of <<NOTE: 114 Stat. 857.>> 2000 (Public Law
106-280) is amended--
(1) by striking ``2001 and 2002'' each place it appears and
inserting ``2002 and 2003''; and
(2) in subsection (e), by striking ``Funds estimated'' and
all that follows through ``and'' at the end of paragraph (2) and
inserting the following: <<NOTE: Deadline.>> ``Funds estimated
to be outlayed for Egypt under subsection (c) during fiscal
years 2002 and 2003 shall be disbursed to an interest-bearing
account for Egypt
[[Page 116 STAT. 1431]]
in the Federal Reserve Bank of New York not later than 30 days
after the date of enactment of an Act making appropriations for
foreign operations, export financing, and related programs for
fiscal year 2002, and not later than 30 days after the date of
enactment of an Act making appropriations for foreign
operations, export financing, and related programs for fiscal
year 2003, or by October 31 of the respective fiscal year,
whichever is later, provided that--
``(1) withdrawal of funds from such account shall be made
only on authenticated instructions from the Defense Finance and
Accounting Service of the Department of Defense;
``(2) in the event such account is closed, the balance of
the account shall be transferred promptly to the appropriations
account for the Foreign Military Financing Program.''.
SEC. 1222. SECURITY ASSISTANCE FOR GREECE AND TURKEY.
(a) In General.--Of the amount made available for the fiscal year
2003 to carry out chapter 5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2347 et seq.)--
(1) $1,120,000 for fiscal year 2003 is authorized to be
available for Greece; and
(2) $2,800,000 for fiscal year 2003 is authorized to be
available for Turkey.
(b) Use for Professional Military Education.--Of the amounts
available under paragraphs (1) and (2) of subsection (a) for fiscal year
2003, $500,000 of each such amount should be available for purposes of
professional military education.
(c) Use for Joint Training.--It is the sense of Congress that, to
the maximum extent practicable, amounts available under subsection (a)
that are used in accordance with subsection (b) should be used for joint
training of Greek and Turkish officers.
(d) Repeal.--Effective October 1, 2002, section 512 of the Security
Assistance Act of 2000 (Public Law 106-280; 114 Stat. 856) is repealed.
SEC. 1223. SECURITY ASSISTANCE FOR CERTAIN OTHER COUNTRIES.
(a) FMF for Certain Other Countries.--Of the total amount made
available for the fiscal year 2003 under section 23 of the Arms Export
Control Act (22 U.S.C. 2763), the following amounts are authorized to be
available on a grant basis for the following countries:
(1) The baltic states.--For all of the Baltic states of
Estonia, Latvia, and Lithuania, $22,000,000.
(2) Bulgaria.--For Bulgaria, $11,000,000.
(3) The czech republic.--For the Czech Republic,
$11,000,000.
(4) Georgia.--For Georgia, $7,000,000.
(5) Hungary.--For Hungary, $11,000,000.
(6) Jordan.--For Jordan, $198,000,000.
(7) Malta.--For Malta, $1,150,000.
(8) The philippines.--For the Philippines, $25,000,000.
(9) Poland.--For Poland, $16,000,000.
(10) Romania.--For Romania, $12,000,000.
(11) Slovakia.-- For Slovakia, $9,000,000.
(12) Slovenia.--For Slovenia, $5,000,000.
(b) IMET.--Of the amount made available for the fiscal year 2003 to
carry out chapter 5 of part II of the Foreign Assistance
[[Page 116 STAT. 1432]]
Act of 1961 (22 U.S.C. 2347 et seq.), the following amounts are
authorized to be available for the following countries:
(1) The baltic states.--For all of the Baltic states of
Estonia, Latvia, and Lithuania, $3,300,000.
(2) Bulgaria.--For Bulgaria, $1,370,000.
(3) The czech republic.--For the Czech Republic, $1,900,000.
(4) Georgia.--For Georgia, $1,200,000.
(5) Hungary.--For Hungary, $1,900,000.
(6) Jordan.--For Jordan, $4,000,000.
(7) Malta.--For Malta, $350,000.
(8) The philippines.--For the Philippines, $2,000,000.
(9) Poland.--For Poland, $2,000,000.
(10) Romania.--For Romania, $1,500,000.
(11) Slovakia.--For Slovakia, $950,000.
(12) Slovenia.--For Slovenia, $950,000.
(c) Repeals.--Sections 511 (a) and (b) and 515 of the Security
Assistance Act of <<NOTE: 114 Stat. 855, 858.>> 2000 are repealed.
SEC. <<NOTE: 22 USC 2346 note.>> 1224. ASSISTANCE TO LEBANON.
(a) Prohibition.--Notwithstanding any other provision of law,
$10,000,000 of the amounts made available for fiscal year 2003 or any
subsequent fiscal year that are allocated for assistance to Lebanon
under chapter 4 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2346 et seq.; relating to the economic support fund) may not be
obligated unless and until the President certifies to the appropriate
congressional committees that--
(1) the armed forces of Lebanon have been deployed to the
internationally recognized border between Lebanon and Israel;
and
(2) the Government of Lebanon is effectively asserting its
authority in the area in which such armed forces have been
deployed.
(b) Requirement Relating to Funds Withheld.--Notwithstanding any
other provision of law, any funds withheld pursuant to subsection (a)
may not be programmed in order to be used for a purpose other than for
assistance to Lebanon until the last month of the fiscal year in which
the authority to obligate such funds lapses.
Subtitle D--Excess Defense Article and Drawdown Authorities
SEC. 1231. EXCESS DEFENSE ARTICLES FOR CERTAIN COUNTRIES.
(a) Authority.--Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during the fiscal year 2003
funds available to the Department of Defense may be expended for
crating, packing, handling, and transportation of excess defense
articles transferred under the authority of section 516 of such Act to
Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of
Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan.
(b) Sense of Congress.--It is the sense of Congress that the
authority provided under this section should be utilized only
[[Page 116 STAT. 1433]]
for those countries demonstrating a genuine commitment to democracy and
human rights.
SEC. 1232. ANNUAL LISTING OF POSSIBLE EXCESS DEFENSE ARTICLES.
Section 25(a) of the Arms Export Control Act (22 U.S.C. 2765(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (12)(B);
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
``(13) a list of weapons systems that are significant
military equipment (as defined in section 47(9) of this Act),
and numbers thereof, that are believed likely to become
available for transfer as excess defense articles during the
next 12 months; and''.
SEC. 1233. LEASES OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES AND
INTERNATIONAL ORGANIZATIONS.
Section 61(b) of the Arms Export Control Act (22 U.S.C. 2796(b)), is
amended--
(1) by striking ``(b) Each lease agreement'' and inserting
``(b)(1) Each lease agreement'';
(2) by striking ``of not to exceed five years'' and
inserting ``which may not exceed (A) five years, and (B) a
specified period of time required to complete major
refurbishment work of the leased articles to be performed prior
to the delivery of the leased articles,''; and
(3) by adding at the end the following:
``(2) In this subsection, the term `major refurbishment work' means
work for which the period of performance is 6 months or more.''.
SEC. 1234. PRIORITY WITH RESPECT TO TRANSFER OF EXCESS DEFENSE ARTICLES.
Section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(c)(2)) is amended by striking ``and to major non-NATO allies on
such southern and southeastern flank'' and inserting ``, to major non-
NATO allies on such southern and southeastern flank, and to the
Philippines''.
Subtitle E--Other Political-Military Assistance
SEC. 1241. DESTRUCTION OF SURPLUS WEAPONS STOCKPILES.
Of the funds authorized to be appropriated to the President for
fiscal year 2003 to carry out chapters 1 and 10 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), relating to development
assistance, up to $10,000,000 is authorized to be made available for the
destruction of surplus stockpiles of small arms, light weapons, and
other munitions.
Subtitle F--Antiterrorism Assistance
SEC. 1251. AUTHORIZATION OF APPROPRIATIONS.
Section 574(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2349aa-4(a)) is amended by striking ``and $73,000,000 for fiscal
[[Page 116 STAT. 1434]]
year 2002'' and inserting ``, $73,000,000 for fiscal year 2002, and
$64,200,000 for fiscal year 2003''.
Subtitle G--Other Matters
SEC. 1261. ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES.
Section 514(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)) is amended to read as follows:
``(2)(A) The value of such additions to stockpiles of defense
articles in foreign countries shall not exceed $100,000,000 for fiscal
year 2003.
``(B) Of the amount specified in subparagraph (A) for fiscal year
2003, not more than $100,000,000 may be made available for stockpiles in
the State of Israel.''.
SEC. 1262. REVISED MILITARY ASSISTANCE REPORTING REQUIREMENTS.
(a) Exception for Certain Countries.--Section 656(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2416(a)) is amended--
(1) by striking ``(a) Annual Report.--Not'' and inserting
the following:
``(a) Annual Report.--
``(1) In general.--Not''; and
(2) by adding at the end the following:
``(2) Exception for certain countries.--Paragraph (1) does
not apply to any NATO member, Australia, Japan, or New Zealand,
unless one of the appropriate congressional committees has
specifically requested, in writing, inclusion of such country in
the report. <<NOTE: Deadline.>> Such request shall be made not
later than 90 calendar days prior to the date on which the
report is required to be transmitted.''.
(b) Annual Military Assistance Reports.--Section 655 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2415) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(c) Quarterly Reports on Government-To-Government Arms Exports.--
Section 36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is
amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8), (9), (10), (11), (12),
and (13) as paragraphs (7), (8), (9), (10), (11), and (12),
respectively.
SEC. <<NOTE: Effective date. President. 22 USC 3302 note.>> 1263.
CONSULTATION WITH CONGRESS WITH REGARD TO TAIWAN.
Beginning 180 days after the date of enactment of this Act, and
every 180 days thereafter, the President shall provide detailed
briefings to and consult with the appropriate congressional committees
regarding the United States security assistance to Taiwan, including the
provision of defense articles and defense services.
[[Page 116 STAT. 1435]]
TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
Subtitle A--General Provisions
SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--Section 585 of the Foreign Assistance Act of
1961 (22 U.S.C. 2349bb-4) is amended--
(1) in subsection (a), by striking all after ``chapter'' and
inserting ``$162,000,000 for fiscal year 2003.''; and
(2) in subsection (c)--
(A) in the subsection heading by striking ``Fiscal
Year 2001''; and
(B) by striking ``2001'' and inserting ``2002''.
(b) Suballocations.--Of the amount authorized to be appropriated to
the President for fiscal year 2003 by section 585 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349bb-4)--
(1) $2,000,000 is authorized to be available for such fiscal
year for the purpose of carrying out section 584 of the Foreign
Assistance Act of 1961, as added by section 1303 of this Act;
and
(2) $65,000,000 for fiscal year 2003 are authorized to be
available for science and technology centers in the independent
states of the former Soviet Union.
(c) Conforming Amendment.--Section 302 of the Security Assistance
Act of 2000 (Public Law 106-280; 114 Stat. 853) is repealed.
(d) Further Authorization.--There is authorized to be appropriated
under ``Nonproliferation, Anti-terrorism, Demining, and Related
Programs'' $382,400,000 for fiscal year 2003.
SEC. <<NOTE: 22 USC 2349bb note.>> 1302. NONPROLIFERATION TECHNOLOGY
ACQUISITION PROGRAMS FOR FRIENDLY FOREIGN COUNTRIES.
(a) In General.--For the purpose of enhancing the nonproliferation
and export control capabilities of friendly countries, of the amount
authorized to be appropriated for fiscal year 2003 by section 585 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2349bb et seq.), the Secretary
is authorized to make available--
(1) $5,000,000 for the procurement and provision of nuclear,
chemical, and biological detection systems, including
spectroscopic and pulse echo technologies; and
(2) $10,000,000 for the procurement and provision of x-ray
systems capable of imaging sea-cargo containers.
(b) <<NOTE: Deadlines.>> Reports on Training Program.--
(1) Initial report.--Not later than March 31, 2003, the
Secretary shall submit a report to the appropriate congressional
committees setting forth his plans and budget for a multiyear
training program to train foreign personnel in the utilization
of the systems described in subsection (a).
(2) Subsequent reports.--Not later than March 31, 2004, and
annually thereafter for the next three years, the Secretary
shall submit a report to the appropriate congressional
committees describing the progress, current status, and budget
of that training program and of the provision of those systems.
[[Page 116 STAT. 1436]]
SEC. 1303. INTERNATIONAL NONPROLIFERATION AND EXPORT CONTROL TRAINING.
Chapter 9 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2349bb et seq.) is amended--
(1) by redesignating sections 584 and <<NOTE: 22 USC 2349bb-
3, 2349bb-4.>> 585 as sections 585 and 586, respectively; and
(2) by inserting after section 583 the following:
``SEC. <<NOTE: 22 USC 2349bb-2a note.>> 584. INTERNATIONAL
NONPROLIFERATION EXPORT CONTROL TRAINING.
``(a) General Authority.--The President is authorized to furnish, on
such terms and conditions consistent with this chapter (but whenever
feasible on a reimbursable basis), education and training to appropriate
military and civilian personnel of foreign countries for the purpose of
enhancing the nonproliferation and export control capabilities of such
personnel through their attendance in special courses of instruction
conducted by the United States.
``(b) Administration of Courses.--The Secretary of State shall have
overall responsibility for the development and conduct of international
nonproliferation education and training programs under this section, and
may utilize other departments and agencies of the United States, as
appropriate, to recommend personnel for the education and training and
to administer specific courses of instruction.
``(c) Purposes.--Education and training activities conducted under
this section shall be--
``(1) of a technical nature, emphasizing techniques for
detecting, deterring, monitoring, interdicting, and countering
proliferation;
``(2) designed to encourage effective and mutually
beneficial relations and increased understanding between the
United States and friendly countries; and
``(3) designed to improve the ability of friendly countries
to utilize their resources with maximum effectiveness, thereby
contributing to greater self-reliance by such countries.
``(d) Priority to Certain Countries.--In selecting personnel for
education and training pursuant to this section, priority should be
given to personnel from countries determined by the Secretary of State
to be countries frequently transited by proliferation-related shipments
of cargo.''.
SEC. 1304. RELOCATION OF SCIENTISTS.
(a) Reinstatement of Classification Authority.--Section 4 of the
Soviet Scientists Immigration Act of 1992 (Public Law 102-509; 106 Stat.
3316; 8 U.S.C. 1153 note) is amended by striking subsection (d) and
inserting the following:
``(d) Duration of Authority.--The authority under subsection (a)
shall be in effect during the following periods:
``(1) The period beginning on the date of the enactment of
this Act and ending 4 years after such date.
``(2) The period beginning on the date of the enactment of
the Security Assistance Act of 2002 and ending 4 years after
such date.''.
(b) Limitation on Number of Scientists Eligible for Visas Under
Authority.--Section 4(c) of such Act (8 U.S.C. 1153 note) is amended by
striking ``750'' and inserting ``950''.
[[Page 116 STAT. 1437]]
(c) Limitation on Eligibility.--Section 4(a) of that Act (8 U.S.C.
1153 note) is amended by adding at the end the following new sentence:
``A scientist is not eligible for designation under this subsection if
the scientist has previously been granted the status of an alien
lawfully admitted for permanent residence (as defined in section
101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(20)).''.
(d) <<NOTE: 8 USC 1153 note.>> Consultation Requirement.--The
Attorney General shall consult with the Secretary, the Secretary of
Defense, the Secretary of Energy, and the heads of other appropriate
agencies of the United States regarding--
(1) previous experience in implementing the Soviet
Scientists Immigration Act of 1992; and
(2) any changes that those officials would recommend in the
regulations prescribed under that Act.
SEC. 1305. INTERNATIONAL ATOMIC ENERGY AGENCY REGULAR BUDGET ASSESSMENTS
AND VOLUNTARY CONTRIBUTIONS.
(a) Findings.--Congress makes the following findings:
(1) The Department has concluded that the International
Atomic Energy Agency (in this section referred to as the
``IAEA'') is a critical and effective instrument for verifying
compliance with international nuclear nonproliferation
agreements, and that it serves as an essential barrier to the
spread of nuclear weapons.
(2) The IAEA furthers United States national security
objectives by helping to prevent the proliferation of nuclear
weapons material, especially through its work on effective
verification and safeguards measures.
(3) The IAEA can also perform a critical role in monitoring
and verifying aspects of nuclear weapons reduction agreements
between nuclear weapons states.
(4) The IAEA has adopted a multifaceted action plan, to be
funded by voluntary contributions, to address the threats posed
by radioactive sources that could be used in a radiological
weapon and will be the leading international agency in this
effort.
(5) As the IAEA has negotiated and developed more effective
verification and safeguards measures, it has experienced
significant real growth in its mission, especially in the vital
area of nuclear safeguards inspections.
(6) Nearly two decades of zero budget growth have affected
the ability of the IAEA to carry out its mission and to hire and
retain the most qualified inspectors and managers, as evidenced
in the decreasing proportion of such personnel who hold
doctorate degrees.
(7) Increased voluntary contributions by the United States
will be needed if the IAEA is to increase its safeguards
activities and also to implement its action plan to address the
worldwide risks posed by lost or poorly secured radioactive
sources.
(8) Although voluntary contributions by the United States
lessen the IAEA's budgetary constraints, they cannot readily be
used for the long-term capital investments or permanent staff
increases necessary to an effective IAEA safeguards regime.
[[Page 116 STAT. 1438]]
(9) The recent United States decision to accept a 25 percent
IAEA regular budget assessment was based upon a correct
interpretation of existing law. It was not the intent of
Congress that the United States contributions to all United
Nations-related organizations and activities be reduced pursuant
to the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (as enacted into
law by section 1000(a)(7) of Public Law 106-113; 113 Stat.
1501A-405 et seq.), which sets 22 percent assessment rates as
benchmarks for the general United Nations budget, the Food and
Agricultural Organization, the World Health Organization, and
the International Labor Organization. Rather, contributions for
an important and effective agency such as the IAEA should be
maintained at levels commensurate with the criticality of its
mission.
(10) The Secretary should negotiate a gradual and sustained
increase in the regular budget of the International Atomic
Energy Agency, which should begin with the 2004 budget.
(b) Authorization of Appropriations.--Of the funds authorized to be
appropriated for Nonproliferation, Anti-terrorism, Demining, and Related
Programs there is authorized to be appropriated $60,000,000 for fiscal
year 2003 for a United States voluntary contribution to the
International Atomic Energy Agency, including for the purpose of
implementing the Protection Against Nuclear Terrorism program adopted by
the International Atomic Energy Agency Board of Governors in March 2002.
SEC. 1306. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000.
(a) Reports on Proliferation to Iran.--Section 2 of the Iran
Nonproliferation Act of 2000 (Public Law 106-178; 114 Stat. 39; 50
U.S.C. 1701 note) is amended by adding at the end the following new
subsection:
``(e) Content of Reports.--Each report under subsection (a) shall
contain, with respect to each foreign person identified in such report,
a brief description of the type and quantity of the goods, services, or
technology transferred by that person to Iran, the circumstances
surrounding the transfer, the usefulness of the transfer to Iranian
weapons programs, and the probable awareness or lack thereof of the
transfer on the part of the government with primary jurisdiction over
the person.''.
(b) Determination Exempting Foreign Persons From Certain Measures
Under the Act.--Section <<NOTE: 50 USC 1701 note.>> 5(a)(2) of such Act
is amended by striking ``systems'' and inserting ``systems, or weapons
listed on the Wassenaar Arrangement Munitions List of July 12, 1996, or
any subsequent revision of that list''.
SEC. 1307. AMENDMENTS TO THE NORTH KOREA THREAT REDUCTION ACT OF 1999.
(a) Restrictions.--Section 822(a) of the North Korea Threat
Reduction Act of 1999 (subtitle B of title VIII of division A of H.R.
3427, as enacted into law by section 1000(a)(7) of Public Law 106-113;
appendix G; 113 Stat. 1501A-472) is amended by striking ``nuclear
material, facilities, components, or other goods, services, or
technology that would be subject to such agreement,'' each of the two
places it appears and inserting ``specified nuclear item,''.
[[Page 116 STAT. 1439]]
(b) Specified Nuclear Item Defined.--Section 823 of the North Korea
Threat Reduction Act of <<NOTE: 113 Stat. 1501A-473.>> 1999 is amended
by inserting at the end the following:
``(5) Specified nuclear item.--The term `specified nuclear
item' includes--
``(A) nuclear material, facilities, components, or
other goods, services, or technology the transfer of
which to North Korea would be required by the Atomic
Energy Act of 1954 to be subject to an agreement for
cooperation, as defined in section 11 b. of that Act (42
U.S.C. 2014 b.), between the United States and North
Korea; and
``(B) components that are listed on Annex A or Annex
B to the Nuclear Suppliers Group Guidelines for the
Export of Nuclear Material, Equipment and Technology
(published by the International Atomic Energy Agency as
Information Circular INFCIRC/254/Rev. 5/Part 1, or any
subsequent revision thereof).''.
SEC. <<NOTE: 50 USC 2368.>> 1308. ANNUAL REPORTS ON THE PROLIFERATION OF
MISSILES AND ESSENTIAL COMPONENTS OF NUCLEAR, BIOLOGICAL,
CHEMICAL, AND RADIOLOGICAL WEAPONS.
(a) <<NOTE: Deadline. President.>> Report.--Not later than March 1,
2003, and annually thereafter, the President shall transmit to the
designated congressional committees an annual report on the transfer by
any country of weapons, technology, components, or materials that can be
used to deliver, manufacture (including research and experimentation),
or weaponize nuclear, biological, chemical or radiological weapons (in
this section referred to as ``NBC weapons'') to any country other than a
country referred to in subsection (d) that is seeking to possess or
otherwise acquire such weapons, technology, or materials, or other
system that the Secretary or the Secretary of Defense has reason to
believe could be used to develop, acquire, or deliver NBC weapons.
(b) Matters To Be Included.--Each such report shall include--
(1) the transfer of all aircraft, cruise missiles, artillery
weapons, unguided rockets and multiple rocket systems, and
related bombs, shells, warheads and other weaponization
technology and materials that the Secretary or the Secretary of
Defense has reason to believe may be intended for the delivery
of NBC weapons;
(2) international transfers of MTCR equipment or technology
to any country that is seeking to acquire such equipment or any
other system that the Secretary or the Secretary of Defense has
reason to believe may be used to deliver NBC weapons; and
(3) the transfer of technology, test equipment, radioactive
materials, feedstocks and cultures, and all other specialized
materials that the Secretary or the Secretary of Defense has
reason to believe could be used to manufacture NBC weapons.
(c) Content of Report.--Each such report shall include the following
with respect to preceding calendar year:
(1) The status of missile, aircraft, and other NBC weapons
delivery and weaponization programs in any such country,
including efforts by such country or by any subnational group to
acquire MTCR-controlled equipment, NBC-capable aircraft, or any
other weapon or major weapon component which may
[[Page 116 STAT. 1440]]
be utilized in the delivery of NBC weapons, whose primary use is
the delivery of NBC weapons, or that the Secretary or the
Secretary of Defense has reason to believe could be used to
deliver NBC weapons.
(2) The status of NBC weapons development, acquisition,
manufacture, stockpiling, and deployment programs in any such
country, including efforts by such country or by any subnational
group to acquire essential test equipment, manufacturing
equipment and technology, weaponization equipment and
technology, and radioactive material, feedstocks or components
of feedstocks, and biological cultures and toxins.
(3) A description of assistance provided by any person or
government, after the date of the enactment of this Act, to any
such country or subnational group in the acquisition or
development of--
(A) NBC weapons;
(B) missile systems, as defined in the MTCR or that
the Secretary or the Secretary of Defense has reason to
believe may be used to deliver NBC weapons; and
(C) aircraft and other delivery systems and weapons
that the Secretary or the Secretary of Defense has
reason to believe could be used to deliver NBC weapons.
(4) A listing of those persons and countries that continue
to provide such equipment or technology described in paragraph
(3) to any country or subnational group as of the date of
submission of the report, including the extent to which foreign
persons and countries were found to have knowingly and
materially assisted such programs.
(5) A description of the use of, or substantial preparations
to use, the equipment of technology described in paragraph (3)
by any foreign country or subnational group.
(6) A description of the diplomatic measures that the United
States, and that other adherents to the MTCR and other
arrangements affecting the acquisition and delivery of NBC
weapons, have made with respect to activities and private
persons and governments suspected of violating the MTCR and such
other arrangements.
(7) An analysis of the effectiveness of the regulatory and
enforcement regimes of the United States and other countries
that adhere to the MTCR and other arrangements affecting the
acquisition and delivery of NBC weapons in controlling the
export of MTCR and other NBC weapons and delivery system
equipment or technology.
(8) A summary of advisory opinions issued under section
11B(b)(4) of the Export Administration Act of 1979 (50 U.S.C.
App. 2401b(b)(4)) and under section 73(d) of the Arms Export
Control Act (22 U.S.C. 2797b(d)).
(9) An explanation of United States policy regarding the
transfer of MTCR equipment or technology to foreign missile
programs, including programs involving launches of space
vehicles.
(10) A description of each transfer by any person or
government during the preceding 12-month period which is subject
to sanctions under the Iran-Iraq Arms Non-Proliferation Act of
1992 (title XVI of Public Law 102-484).
(d) Exclusions.--The countries excluded under subsection (a) are
Australia, Belgium, Canada, the Czech Republic, Denmark,
[[Page 116 STAT. 1441]]
France, Germany, Greece, Hungary, Iceland, Italy, Japan, Luxembourg, the
Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Turkey, the
United Kingdom, and the United States.
(e) Classification of Report.--The Secretary shall make every effort
to submit all of the information required by this section in
unclassified form. Whenever the Secretary submits any such information
in classified form, the Secretary shall submit such classified
information in an addendum and shall also submit concurrently a detailed
summary, in unclassified form, of that classified information.
(f) Definitions.--In this section:
(1) Designated congressional committees.--The term
``designated congressional committees'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on International
Relations of the House of Representatives; and
(B) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign
Relations of the Senate.
(2) Missile; mtcr; mtcr equipment or technology.--The terms
``missile'', ``MTCR'', and ``MTCR equipment or technology'' have
the meanings given those terms in section 74 of the Arms Export
Control Act (22 U.S.C. 2797c).
(3) Person.--The term ``person'' means any United States or
foreign individual, partnership, corporation, or other form of
association, or any of its successor entities, parents, or
subsidiaries.
(4) Weaponize; weaponization.--The term ``weaponize'' or
``weaponization'' means to incorporate into, or the
incorporation into, usable ordnance or other militarily useful
means of delivery.
(g) Repeals.--
(1) In general.--The following provisions of law are
repealed:
(A) Section 1097 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (22
U.S.C. 2751 note).
(B) Section 308 of the Chemical and Biological
Weapons Control and Warfare Elimination Act of 1991 (22
U.S.C. 5606).
(C) Section 1607(a) of the Iran-Iraq Arms Non-
Proliferation Act of <<NOTE: 50 USC 1701 note.>> 1992
(Public Law 102-484).
(D) Paragraph (d) of section 585 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (as contained in section 101(c)
of title I of division A of Public Law <<NOTE: 22 USC
2656 note.>> 104-208; 110 Stat. 3009-171).
(2) Conforming amendments.--Section 585 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations <<NOTE: 22 USC 2656 note.>> Act, 1997, is
amended--
(A) in paragraph (b), by adding ``and'' at the end;
and
(B) in paragraph (c), by striking ``; and'' and
inserting a period.
SEC. <<NOTE: Deadline.>> 1309. THREE-YEAR INTERNATIONAL ARMS CONTROL AND
NONPROLIFERATION STRATEGY.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of State shall prepare and submit to the
[[Page 116 STAT. 1442]]
appropriate congressional committees a 3-year international arms control
and nonproliferation strategy. The strategy shall contain the following:
(1) A 3-year plan for the reduction of existing nuclear,
chemical, and biological weapons and ballistic missiles and for
controlling the proliferation of these weapons.
(2) Identification of the goals and objectives of the United
States with respect to arms control and nonproliferation of
weapons of mass destruction and their delivery systems.
(3) A description of the programs, projects, and activities
of the Department of State intended to accomplish goals and
objectives described in paragraph (2).
Subtitle <<NOTE: Russian Federation Debt for Nonproliferation Act of
2002.>> B--Russian Federation Debt Reduction for Nonproliferation
SEC. <<NOTE: 22 USC 5952 note.>> 1311. SHORT TITLE.
This subtitle may be cited as the ``Russian Federation Debt for
Nonproliferation Act of 2002''.
SEC. <<NOTE: 22 USC 5952 note.>> 1312. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) It is in the vital security interests of the United
States to prevent the spread of weapons of mass destruction to
additional states or to terrorist organizations, and to ensure
that other nations' obligations to modify their stockpiles of
such arms in accordance with treaties, executive agreements, or
political commitments are fulfilled.
(2) In particular, it is in the vital national security
interests of the United States to ensure that--
(A) all stocks of nuclear weapons and weapons-usable
nuclear material in the Russian Federation are secure
and accounted for;
(B) stocks of nuclear weapons and weapons-usable
nuclear material that are excess to military needs in
the Russian Federation are monitored and reduced;
(C) any chemical or biological weapons, related
materials, and facilities in the Russian Federation are
destroyed;
(D) the Russian Federation's nuclear weapons complex
is reduced to a size appropriate to its post-Cold War
missions, and its experts in weapons of mass destruction
technologies are shifted to gainful and sustainable
civilian employment;
(E) the Russian Federation's export control system
blocks any proliferation of weapons of mass destruction,
the means of delivering such weapons, and materials,
equipment, know-how, or technology that would be used to
develop, produce, or deliver such weapons; and
(F) these objectives are accomplished with
sufficient monitoring and transparency to provide
confidence that they have in fact been accomplished and
that the funds provided to accomplish these objectives
have been spent efficiently and effectively.
(3) United States programs should be designed to accomplish
these vital objectives in the Russian Federation as rapidly
[[Page 116 STAT. 1443]]
as possible, and the President should develop and present to
Congress a plan for doing so.
(4) Substantial progress has been made in United States-
Russian Federation cooperative programs to achieve these
objectives, but much more remains to be done to reduce the
urgent risks to United States national security posed by the
current state of the Russian Federation's weapons of mass
destruction stockpiles and complexes.
(5) The threats posed by inadequate management of weapons of
mass destruction stockpiles and complexes in the Russian
Federation remain urgent. Incidents in years immediately
preceding 2001, which have been cited by the Russia Task Force
of the Secretary of Energy Advisory Board, include--
(A) a conspiracy at one of the Russian Federation's
largest nuclear weapons facilities to steal nearly
enough highly enriched uranium for a nuclear bomb;
(B) an attempt by an employee of the Russian
Federation's premier nuclear weapons facility to sell
nuclear weapons designs to agents of Iraq and
Afghanistan; and
(C) the theft of radioactive material from a Russian
Federation submarine base.
(6) Addressing these threats to United States and world
security will ultimately consume billions of dollars, a burden
that will have to be shared by the Russian Federation, the
United States, and other governments, if these threats are to be
neutralized.
(7) The creation of new funding streams could accelerate
progress in reducing these threats to United States security and
help the government of the Russian Federation to fulfill its
responsibility for secure management of its weapons stockpiles
and complexes as United States assistance phases out.
(8) The Russian Federation has a significant foreign debt, a
substantial proportion of which it inherited from the Soviet
Union.
(9) Past debt-for-environment exchanges, in which a portion
of a country's foreign debt is canceled in return for certain
environmental commitments or payments by that country, suggest
that a debt-for-nonproliferation exchange with the Russian
Federation could be designed to provide additional funding for
nonproliferation and arms reduction initiatives.
(10) Most of the Russian Federation's official bilateral
debt is held by United States allies that are advanced
industrial democracies. Since the issues described pose threats
to United States allies as well, United States leadership that
results in a larger contribution from United States allies to
cooperative threat reduction activities will be needed.
(11) At the June 2002 meeting of the G-8 countries,
agreement was achieved on a G-8 Global Partnership against the
Spread of Weapons and Materials of Mass Destruction, under which
the advanced industrial democracies committed to contribute
$20,000,000,000 to nonproliferation programs in the Russian
Federation during a 10-year period, with each contributing
country having the option to fund some or all of its
contribution through reduction in the Russian Federation's
official debt to that country.
(12) The Russian Federation's Soviet-era official debt to
the United States is estimated to be $480,000,000 in Lend-
[[Page 116 STAT. 1444]]
Lease debt and $2,250,000,000 in debt as a result of credits
extended under title I of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1701 et seq.).
(b) Purposes.--The purposes of this subtitle are--
(1) to facilitate the accomplishment of the United States
objectives described in the findings set forth in subsection (a)
by providing for the use of a portion of the Russian
Federation's foreign debt to fund nonproliferation programs,
thus allowing the use of additional resources for these
purposes; and
(2) to help ensure that the resources made available to the
Russian Federation are targeted to the accomplishment of the
United States objectives described in the findings set forth in
subsection (a).
SEC. <<NOTE: 22 USC 5952 note.>> 1313. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Cost.--The term ``cost'' has the meaning given that term
in section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5)).
(3) Russian federation nonproliferation investment agreement
or agreement.--The term ``Russian Federation Nonproliferation
Investment Agreement'' or ``Agreement'' means the agreement
between the United States and the Russian Federation entered
into under section 1315(a).
(4) Soviet-era debt.--The term ``Soviet-era debt'' means
debt owed as a result of loans or credits provided by the United
States (or any agency of the United States) to the Union of
Soviet Socialist Republics under the Lend Lease Act of 1941 or
the Commodity Credit Corporation Charter Act.
(5) State sponsor of international terrorism.--The term
``state sponsor of international terrorism'' means those
countries that have been determined by the Secretary of State,
for the purposes of section 40 of the Arms Export Control Act,
section 620A of the Foreign Assistance Act of 1961, or section
6(j) of the Export Administration Act of 1979, to have
repeatedly provided support for acts of international terrorism.
SEC. <<NOTE: 22 USC 5952 note.>> 1314. AUTHORITY TO REDUCE THE RUSSIAN
FEDERATION'S SOVIET-ERA DEBT OBLIGATIONS TO THE UNITED
STATES.
(a) Authority To Reduce Debt.--
(1) In general.--Upon the entry into force of a Russian
Federation Nonproliferation Investment Agreement, the President
may reduce amounts of Soviet-era debt owed by the Russian
Federation to the United States (or any agency or
instrumentality of the United States) that are outstanding as of
the last day of the fiscal year preceding the fiscal year for
which appropriations are available for the reduction of debt, in
accordance with this subtitle.
(2) Limitation.--The authority provided by paragraph (1)
shall be available only to the extent that appropriations for
the cost (as defined in section 502(5) of the Federal Credit
[[Page 116 STAT. 1445]]
Reform Act of 1990) of reducing any debt pursuant to such
subsection are made in advance.
(3) Supersedes existing law.--The authority provided by
paragraph (1) may be exercised notwithstanding section 620(r) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2370(r)) or
section 321 of the International Development and Food Assistance
Act of 1975.
(b) Implementation.--
(1) Delegation of authority.--The President may delegate any
authority conferred upon the President in this subtitle to the
Secretary of State.
(2) <<NOTE: President.>> Establishment of terms and
conditions.--Consistent with this subtitle, the President shall
establish the terms and conditions under which loans and credits
may be reduced pursuant to subsection (a).
(3) <<NOTE: President.>> Implementation.--In exercising the
authority of subsection (a), the President--
(A) <<NOTE: Notification.>> shall notify--
(i) the Department of State, with respect to
obligations of the former Soviet Union under the
Lend Lease Act of 1941; and
(ii) the Commodity Credit Corporation, with
respect to obligations of the former Soviet Union
under the Commodity Credit Corporation Act;
(B) shall direct the cancellation of old obligations
and the substitution of new obligations consistent with
the Russian Federation Nonproliferation Investment
Agreement; and
(C) shall direct the appropriate agency to make an
adjustment in the relevant accounts to reflect the new
debt treatment.
(4) Deposit of repayments.--All repayments of outstanding
loan amounts under subsection (a) that are not designated under
a Russian Federation Nonproliferation Investment Agreement shall
be deposited in the United States Government accounts
established for repayments of the original obligations.
(5) Not treated as foreign assistance.--Any reduction of
Soviet-era debt pursuant to this subtitle shall not be
considered assistance for the purposes of any provision of law
limiting assistance to a country.
(c) Authorization of Appropriation.--
(1) In general.--For the cost (as defined in section 502(5)
of the Federal Credit Reform Act of 1990) of modifying any
Soviet-era debt obligation pursuant to subsection (a), there are
authorized to be appropriated to the President such sums as may
be necessary.
(2) Availability of funds.--Amounts appropriated pursuant to
paragraph (1) are authorized to remain available until expended.
SEC. 1315. <<NOTE: 22 USC 5952 note.>> RUSSIAN FEDERATION
NONPROLIFERATION INVESTMENT AGREEMENT.
(a) In General.--
(1) In general.--The President is authorized to enter into
an agreement with the Russian Federation under which an amount
equal to the value of the debt reduced pursuant to
[[Page 116 STAT. 1446]]
section 1314 will be used to promote the nonproliferation of
weapons of mass destruction and the means of delivering such
weapons. An agreement entered into under this section may be
referred to as the ``Russian Federation Nonproliferation
Investment Agreement''.
(2) <<NOTE: President.>> Congressional notification.--The
President shall notify the appropriate congressional committees
at least 15 days in advance of the United States entering into a
Russian Federation Nonproliferation Investment Agreement.
(b) Content of the Agreement.--The Russian Federation
Nonproliferation Investment Agreement shall ensure that--
(1) an amount equal to the value of the debt reduced
pursuant to this subtitle will be made available by the Russian
Federation for agreed nonproliferation programs and projects;
(2) each program or project funded pursuant to the Agreement
will be approved by the President;
(3) the administration and oversight of nonproliferation
programs and projects will incorporate best practices from
established threat reduction and nonproliferation assistance
programs;
(4) each program or project funded pursuant to the Agreement
will be subject to monitoring and audits conducted by or for the
United States Government to confirm that agreed funds are
expended on agreed projects and meet agreed targets and
benchmarks;
(5) unobligated funds for investments pursuant to the
Agreement will not be diverted to other purposes;
(6) funds allocated to programs and projects pursuant to the
Agreement will not be subject to any taxation by the Russian
Federation;
(7) all matters relating to the intellectual property rights
and legal liabilities of United States firms in any project will
be agreed upon before the expenditure of funds would be
authorized for that project; and
(8) not less than 75 percent of the funds made available for
each nonproliferation program or project under the Agreement
will be spent in the Russian Federation.
(c) Use of Existing Mechanisms.--It is the sense of Congress that,
to the extent practicable, the boards and administrative mechanisms of
existing threat reduction and nonproliferation programs should be used
in the administration and oversight of programs and projects under the
Agreement.
(d) Joint Auditing.--It is the sense of Congress that the United
States and the Russian Federation should consider commissioning the
United States General Accounting Office and the Russian Chamber of
Accounts to conduct joint audits to ensure that the funds saved by the
Russian Federation as a result of any debt reduction are used
exclusively, efficiently, and effectively to implement agreed programs
or projects pursuant to the Agreement.
(e) Structure of the Agreement.--It is the sense of Congress that
the Agreement should provide for significant penalties--
(1) if funds obligated for approved programs or projects are
determined to have been misappropriated; and
(2) if the President is unable to make the certification
required by section 1317(a) for two consecutive years.
[[Page 116 STAT. 1447]]
SEC. <<NOTE: 22 USC 5952 note.>> 1316. INDEPENDENT MEDIA AND THE RULE OF
LAW.
Notwithstanding section 1315 (a)(1) and (b)(1), up to 10 percent of
the amount equal to the value of the debt reduced pursuant to this
subtitle may be used to promote a vibrant, independent media sector and
the rule of law in the Russian Federation through an endowment to
support the establishment of a ``Center for an Independent Press and the
Rule of Law'' in the Russian Federation, which shall be directed by a
joint United States-Russian Board of Directors in which the majority of
members, including the chairman, shall be United States personnel, and
which shall be responsible for management of the endowment, its funds,
and the Center's programs.
SEC. <<NOTE: 22 USC 5952 note.>> 1317. RESTRICTION ON DEBT REDUCTION
AUTHORITY.
(a) Proliferation to State Sponsors of Terrorism.--Subject to the
provisions of subsection (c), the debt reduction authority provided by
section 1314 may not be exercised unless and until the President
certifies to the appropriate congressional committees that the Russian
Federation has made material progress in stemming the flow of sensitive
goods, technologies, material, and know-how related to the design,
development, and production of weapons of mass destruction and the means
to deliver them to state sponsors of international terrorism.
(b) Annual Determination.--If, in any annual report to Congress
submitted pursuant to section 1321, the President cannot certify that
the Russian Federation continues to meet the condition required in
subsection (a), then, subject to the provisions of subsection (c), the
debt reduction authority provided by section 1314 may not be exercised
unless and until such certification is made to the appropriate
congressional committees.
(c) Presidential Waiver.--The President may waive the requirements
of subsection (a) or (b) for a fiscal year if the President--
(1) determines that application of the subsection for a
fiscal year would be counter to the national interest of the
United States; and
(2) so reports to the appropriate congressional committees.
SEC. <<NOTE: 22 USC 5952 note.>> 1318. DISCUSSION OF RUSSIAN FEDERATION
DEBT REDUCTION FOR NONPROLIFERATION WITH OTHER CREDITOR
STATES.
It is the sense of Congress that the President and such other
appropriate officials as the President may designate should pursue
discussions with other creditor states with the objectives of--
(1) ensuring that other advanced industrial democracies,
especially the largest holders of Soviet-era Russian debt,
dedicate significant proportions of their bilateral official
debt with the Russian Federation or equivalent amounts of direct
assistance to the G-8 Global Partnership against the Spread of
Weapons and Materials of Mass Destruction, as agreed upon in the
Statement by G-8 Leaders on June 27, 2002; and
(2) reaching agreement, as appropriate, to establish a
unified Russian Federation official debt reduction fund to
manage and provide financial transparency for the resources
provided by creditor states through debt reductions.
[[Page 116 STAT. 1448]]
SEC. <<NOTE: 22 USC 5952 note.>> 1319. IMPLEMENTATION OF UNITED STATES
POLICY.
It is the sense of Congress that implementation of debt-for-
nonproliferation programs with the Russian Federation should be overseen
by the coordinating mechanism established pursuant to section 1334 of
this Act.
SEC. <<NOTE: President. 22 USC 5952 note.>> 1320. CONSULTATIONS WITH
CONGRESS.
The President shall consult with the appropriate congressional
committees on a periodic basis to review the implementation of this
subtitle and the Russian Federation's eligibility for debt reduction
pursuant to this subtitle.
SEC. <<NOTE: Deadlines. President. 22 USC 5952 note.>> 1321. ANNUAL
REPORTS TO CONGRESS.
Not later than December 31, 2003, and not later than December 31 of
each year thereafter, the President shall prepare and transmit to
Congress a report concerning actions taken to implement this subtitle
during the fiscal year preceding the fiscal year in which the report is
transmitted. The report on a fiscal year shall include--
(1) a description of the activities undertaken pursuant to
this subtitle during the fiscal year;
(2) a description of the nature and amounts of the loans
reduced pursuant to this subtitle during the fiscal year;
(3) a description of any agreement entered into under this
subtitle;
(4) a description of the progress during the fiscal year of
any projects funded pursuant to this subtitle;
(5) a summary of the results of relevant audits performed in
the fiscal year; and
(6) a certification, if appropriate, that the Russian
Federation continued to meet the condition required by section
1317(a), and an explanation of why the certification was or was
not made.
Subtitle <<NOTE: Nonproliferation Assistance Coordination Act of
2002.>> C--Nonproliferation Assistance Coordination
SEC. <<NOTE: 50 USC 2301 note.>> 1331. SHORT TITLE.
This subtitle may be cited as the ``Nonproliferation Assistance
Coordination Act of 2002''.
SEC. <<NOTE: 50 USC 2357.>> 1332. FINDINGS.
Congress finds that--
(1) United States nonproliferation efforts in the
independent states of the former Soviet Union have achieved
important results in ensuring that weapons of mass destruction,
weapons-usable material and technology, and weapons-related
knowledge remain beyond the reach of terrorists and weapons-
proliferating states;
(2) although these efforts are in the United States national
security interest, the effectiveness of these efforts has
suffered from a lack of coordination within and among United
States Government agencies;
(3) increased spending and investment by the United States
private sector on nonproliferation efforts in the independent
states of the former Soviet Union, specifically, spending and
investment by the United States private sector in job creation
[[Page 116 STAT. 1449]]
initiatives and proposals for unemployed Russian Federation
weapons scientists and technicians, are making an important
contribution in ensuring that knowledge related to weapons of
mass destruction remains beyond the reach of terrorists and
weapons-proliferating states; and
(4) increased spending and investment by the United States
private sector on nonproliferation efforts in the independent
states of the former Soviet Union make advisable the
establishment of a coordinating body to ensure that United
States public and private efforts are not in conflict, and to
ensure that public spending on efforts by the independent states
of the former Soviet Union is maximized to ensure efficiency and
further United States national security interests.
SEC. <<NOTE: 50 USC 2357a.>> 1333. DEFINITIONS.
(a) Independent States of the Former Soviet Union.--In this
subtitle, the term ``independent states of the former Soviet Union'' has
the meaning given the term in section 3 of the FREEDOM Support Act (22
U.S.C. 5801).
(b) Appropriate Committees of Congress.--In this subtitle, the term
``the appropriate committees of Congress'' means the Committees on
Foreign Relations, Armed Services, and Appropriations of the Senate and
the Committees on International Relations, Armed Services, and
Appropriations of the House of Representatives.
SEC. <<NOTE: President. 50 USC 2357b.>> 1334. ESTABLISHMENT OF COMMITTEE
ON NONPROLIFERATION ASSISTANCE.
(a) In General.--The President shall establish a mechanism to
coordinate, with the maximum possible effectiveness and efficiency, the
efforts of United States Government departments and agencies engaged in
formulating policy and carrying out programs for achieving
nonproliferation and threat reduction.
(b) Membership.--The coordination mechanism established pursuant to
subsection (a) shall include--
(1) representatives designated by--
(A) the Secretary of State;
(B) the Secretary of Defense;
(C) the Secretary of Energy;
(D) the Secretary of Commerce;
(E) the Attorney General; and
(F) the Director of the Office of Homeland Security,
or the head of a successor department or agency; and
(2) such other executive branch officials as the President
may select.
(c) Level of Representation.--To the maximum extent possible, each
department or agency's representative designated pursuant to subsection
(b)(1) shall be an official of that department or agency who has been
appointed by the President with the advice and consent of the Senate.
(d) Chair.--The President shall designate an official to direct the
coordination mechanism established pursuant to subsection (a). The
official so designated may invite the head of any other department or
agency of the United States to designate a representative of that
department or agency to participate from time to time in the activities
of the Committee.
[[Page 116 STAT. 1450]]
SEC. 1335. <<NOTE: 50 USC 2357c.>> PURPOSES AND AUTHORITY.
(a) Purposes.--
(1) In general.--The primary purpose of the coordination
mechanism established pursuant to section 1334 of this Act
should be--
(A) to exercise continuing responsibility for
coordinating worldwide United States nonproliferation
and threat reduction efforts to ensure that they
effectively implement United States policy; and
(B) to enhance the ability of participating
departments and agencies to anticipate growing
nonproliferation areas of concern.
(2) Program monitoring and coordination.--The coordination
mechanism established pursuant to section 1334 of this Act
should have primary continuing responsibility within the
executive branch of the Government for--
(A) United States nonproliferation and threat
reduction efforts, and particularly such efforts in the
independent states of the former Soviet Union; and
(B) coordinating the implementation of United States
policy with respect to such efforts.
(b) Authority.--In carrying out the responsibilities described in
subsection (a), the coordination mechanism established pursuant to
section 1334 of this Act should have, at a minimum, the authority to--
(1) establish such subcommittees and working groups as it
deems necessary;
(2) direct the preparation of analyses on issues and
problems relating to coordination within and among United States
departments and agencies on nonproliferation and threat
reduction efforts;
(3) direct the preparation of analyses on issues and
problems relating to coordination between the United States
public and private sectors on nonproliferation and threat
reduction efforts, including coordination between public and
private spending on nonproliferation and threat reduction
programs and coordination between public spending and private
investment in defense conversion activities of the independent
states of the former Soviet Union;
(4) provide guidance on arrangements that will coordinate,
deconflict, and maximize the utility of United States public
spending on nonproliferation and threat reduction programs, and
particularly such efforts in the independent states of the
former Soviet Union;
(5) encourage companies and nongovernmental organizations
involved in nonproliferation efforts of the independent states
of the former Soviet Union or other countries of concern to
voluntarily report these efforts to it;
(6) direct the preparation of analyses on issues and
problems relating to the coordination between the United States
and other countries with respect to nonproliferation efforts,
and particularly such efforts in the independent states of the
former Soviet Union; and
(7) consider, and make recommendations to the President with
respect to, proposals for such new legislation or regulations
relating to United States nonproliferation efforts as may be
necessary.
[[Page 116 STAT. 1451]]
SEC. <<NOTE: 50 USC 2357d.>> 1336. ADMINISTRATIVE SUPPORT.
All United States departments and agencies shall provide, to the
extent permitted by law, such information and assistance as may be
requested by the coordination mechanism established pursuant to section
1334 of this Act, in carrying out its functions and activities under
this subtitle.
SEC. <<NOTE: 50 USC 2357e.>> 1337. CONFIDENTIALITY OF INFORMATION.
Information which has been submitted to or received by the
coordination mechanism established pursuant to section 1334 of this Act
in confidence shall not be publicly disclosed, except to the extent
required by law, and such information shall be used by it only for the
purpose of carrying out the functions set forth in this subtitle.
SEC. <<NOTE: 50 USC 2357f.>> 1338. STATUTORY CONSTRUCTION.
Nothing in this subtitle--
(1) applies to the data-gathering, regulatory, or
enforcement authority of any existing United States department
or agency over nonproliferation efforts in the independent
states of the former Soviet Union, and the review of those
efforts undertaken by the coordination mechanism established
pursuant to section 1334 of this Act shall not in any way
supersede or prejudice any other process provided by law; or
(2) applies to any activity that is reportable pursuant to
title V of the National Security Act of 1947 (50 U.S.C. 413 et
seq.).
SEC. <<NOTE: 50 USC 2357g.>> 1339. REPORTING AND CONSULTATION.
(a) <<NOTE: Deadline.>> Presidential Report.--Not later than 120
days after each inauguration of a President, the President shall submit
a report to the Congress on his general and specific nonproliferation
and threat reduction objectives and how the efforts of executive branch
agencies will be coordinated most effectively, pursuant to section 1334
of this Act, to achieve those objectives.
(b) Consultation.--The President should consult with and brief, from
time to time, the appropriate committees of Congress regarding the
efficacy of the coordination mechanism established pursuant to section
1334 of this Act in achieving its stated objectives.
Subtitle <<NOTE: Iran Nuclear Proliferation Prevention Act of
2002.>> D--Iran Nuclear Proliferation Prevention Act of 2002
SEC. <<NOTE: 22 USC 2021 note.>> 1341. SHORT TITLE.
This subtitle may be cited as the ``Iran Nuclear Proliferation
Prevention Act of 2002''.
SEC. 1342. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL
ATOMIC ENERGY AGENCY FOR PROGRAMS AND PROJECTS IN IRAN.
Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227)
is amended by adding at the end the following:
``(d)(1) Notwithstanding subsection (c), if the Secretary of State
determines that programs and projects of the International Atomic Energy
Agency in Iran are inconsistent with United States nuclear
[[Page 116 STAT. 1452]]
nonproliferation and safety goals, will provide Iran with training or
expertise relevant to the development of nuclear weapons, or are being
used as a cover for the acquisition of sensitive nuclear technology, the
limitations of subsection (a) shall apply to such programs and projects,
and the Secretary of State shall so notify the appropriate congressional
committees (as defined in section 3 of the Foreign Relations
Authorization Act, Fiscal Year 2003).
``(2) <<NOTE: Effective date.>> A determination made by the
Secretary of State under paragraph (1) shall be effective for the 1-year
period beginning on the date of the determination.''.
SEC. <<NOTE: 22 USC 2027.>> 1343. ANNUAL REVIEW BY SECRETARY OF STATE OF
PROGRAMS AND PROJECTS OF THE INTERNATIONAL ATOMIC ENERGY
AGENCY; UNITED STATES OPPOSITION TO CERTAIN PROGRAMS AND
PROJECTS OF THE AGENCY.
(a) Annual Review.--
(1) In general.--The Secretary shall undertake a
comprehensive annual review of all programs and projects of the
International Atomic Energy Agency (IAEA) in the countries
described in section 307(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2227(a)) and shall determine if such programs
and projects are consistent with United States nuclear
nonproliferation and safety goals.
(2) <<NOTE: Deadline.>> Report.--Not later than one year
after the date of enactment of this Act, and on an annual basis
thereafter for five years, the Secretary shall submit to
Congress a report containing the results of the review under
paragraph (1).
(b) Opposition To Certain Programs and Projects of International
Atomic Energy Agency.--The Secretary shall direct the United States
representative to the International Atomic Energy Agency to oppose
programs of the Agency that are determined by the Secretary under the
review conducted under subsection (a)(1) to be inconsistent with nuclear
nonproliferation and safety goals of the United States.
SEC. <<NOTE: 22 USC 2021 note.>> 1344. REPORTING REQUIREMENTS.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of enactment of this Act, and on an annual basis thereafter for
five years, the Secretary, in consultation with the United States
representative to the International Atomic Energy Agency, shall prepare
and submit to Congress a report that contains--
(1) a description of the total amount of annual assistance
to Iran from the International Atomic Energy Agency;
(2) a list of Iranian officials in leadership positions at
the Agency;
(3) the expected timeframe for the completion of the nuclear
power reactors at the Bushehr nuclear power plant;
(4) a summary of the nuclear materials and technology
transferred to Iran from the Agency in the preceding year that
could assist in the development of Iran's nuclear weapons
program; and
(5) a description of all programs and projects of the
International Atomic Energy Agency in each country described in
section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2227(a)) and any inconsistencies between the technical
cooperation and assistance programs and projects of the Agency
and United States nuclear nonproliferation and safety goals in
those countries.
[[Page 116 STAT. 1453]]
(b) Additional Requirement.--The report required to be submitted
under subsection (a) shall be submitted in an unclassified form, to the
extent appropriate, but may include a classified annex.
SEC. 1345. SENSE OF CONGRESS.
It is the sense of Congress that the President should pursue
internal reforms at the International Atomic Energy Agency that will
ensure that all programs and projects funded under the Technical
Cooperation and Assistance Fund of the Agency are compatible with United
States nuclear nonproliferation policy and international nuclear
nonproliferation norms.
TITLE XIV--EXPEDITING THE MUNITIONS LICENSING PROCESS
SEC. 1401. LICENSE OFFICER STAFFING.
(a) Funding.--Of the amount authorized to be appropriated by section
111(a)(1)(A), $10,000,000 is authorized to be available for salaries and
expenses of the Office of Defense Trade Controls of the Department.
(b) <<NOTE: Effective date.>> Assignment of License Review
Officers.--Effective January 1, 2003, the Secretary shall assign to the
Office of Defense Trade Controls of the Department a sufficient number
of license review officers to ensure that the average weekly caseload
for each officer does not routinely exceed 40.
(c) Detailees.--Given the priority placed on expedited license
reviews in recent years by the Department of Defense, the Secretary of
Defense should ensure that 10 military officers are continuously
detailed to the Office of Defense Trade Controls of the Department of
State on a nonreimbursable basis.
SEC. 1402. FUNDING FOR DATABASE AUTOMATION.
Of the amount authorized to be appropriated by section 111(a)(2),
$4,000,000 is authorized to be available for the Office of Defense Trade
Controls of the Department for the modernization of information
management systems.
SEC. <<NOTE: 22 USC 2778 note.>> 1403. INFORMATION MANAGEMENT
PRIORITIES.
(a) <<NOTE: Internet. Records.>> Objective.--The Secretary shall
establish a secure, Internet-based system for the filing and review of
applications for export of Munitions List items.
(b) Establishment of an Electronic System.--Of the amount made
available pursuant to section 1402 of this Act, $3,000,000 is authorized
to be available to fully automate the Defense Trade Application System,
and to ensure that the system--
(1) is a secure, electronic system for the filing and review
of Munitions List license applications;
(2) is accessible by United States companies through the
Internet for the purpose of filing and tracking their Munitions
List license applications; and
(3) is capable of exchanging data with--
(A) the Export Control Automated Support System of
the Department of Commerce;
(B) the Foreign Disclosure and Technology
Information System and the USXPORTS systems of the
Department of Defense;
[[Page 116 STAT. 1454]]
(C) the Export Control System of the Central
Intelligence Agency; and
(D) the Proliferation Information Network System of
the Department of Energy.
(c) Munitions List Defined.--In this section, the term ``Munitions
List'' means the United States Munitions List of defense articles and
defense services controlled under section 38 of the Arms Export Control
Act (22 U.S.C. 2778).
SEC. 1404. IMPROVEMENTS TO THE AUTOMATED EXPORT SYSTEM.
(a) <<NOTE: 13 USC 301 note.>> Contribution to the Automated Export
System.--Of the amount provided under section 1402 of this Act, $250,000
is authorized to be available for the purpose of--
(1) providing the Department with full access to the
Automated Export System;
(2) ensuring that the system is modified to meet the needs
of the Department, if such modifications are consistent with the
needs of other United States Government agencies; and
(3) providing operational support.
(b) <<NOTE: Regulations. Federal Register, publication. 13 USC 301
note.>> Mandatory Filing.--The Secretary of Commerce, with the
concurrence of the Secretary of State and the Secretary of Treasury,
shall publish regulations in the Federal Register to require, upon the
effective date of those regulations, that all persons who are required
to file export information under chapter 9 of title 13, United States
Code, file such information through the Automated Export System.
(c) <<NOTE: 13 USC 301 note.>> Requirement for Information
Sharing.--The Secretary shall conclude an information-sharing
arrangement with the heads of the United States Customs Service and the
Census Bureau--
(1) to allow the Department to access information on
controlled exports made through the United States Postal
Service; and
(2) to adjust the Automated Export System to parallel
information currently collected by the Department.
(d) Secretary of Treasury Functions.--Section 303 of title 13,
United States Code, is amended by striking ``, other than by mail,''.
(e) Filing Export Information, Delayed Filings, Penalties for
Failure To File.--Section 304 of title 13, United States Code, is
amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``the penal
sum of $1,000'' and inserting ``a penal sum of
$10,000''; and
(B) in the third sentence, by striking ``a penalty
not to exceed $100 for each day's delinquency beyond the
prescribed period, but not more than $1,000,'' and
inserting ``a penalty not to exceed $1,000 for each
day's delinquency beyond the prescribed period, but not
more than $10,000 per violation'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Any person, other than a person described in subsection (a),
required to submit export information, shall file such information in
accordance with any rule, regulation, or order issued pursuant to this
chapter. In the event any such information or reports are not filed
within such prescribed period, the Secretary of Commerce (and officers
of the Department of Commerce specifically
[[Page 116 STAT. 1455]]
designated by the Secretary) may impose a civil penalty not to exceed
$1,000 for each day's delinquency beyond the prescribed period, but not
more than $10,000 per violation.''.
(f) Additional Penalties.--
(1) In general.--Section 305 of title 13, United States
Code, is amended to read as follows:
``SEC. 305. PENALTIES FOR UNLAWFUL EXPORT INFORMATION ACTIVITIES.
``(a) Criminal Penalties.--
``(1) Failure to file; submission of false or misleading
information.--Any person who knowingly fails to file or
knowingly submits false or misleading export information through
the Shippers Export Declaration (SED) (or any successor
document) or the Automated Export System (AES) shall be subject
to a fine not to exceed $10,000 per violation or imprisonment
for not more than 5 years, or both.
``(2) Furtherance of illegal activities.--Any person who
knowingly reports any information on or uses the SED or the AES
to further any illegal activity shall be subject to a fine not
to exceed $10,000 per violation or imprisonment for not more
than 5 years, or both.
``(3) Forfeiture penalties.--Any person who is convicted
under this subsection shall, in addition to any other penalty,
be subject to forfeiting to the United States--
``(A) any of that person's interest in, security of,
claim against, or property or contractual rights of any
kind in the goods or tangible items that were the
subject of the violation;
``(B) any of that person's interest in, security of,
claim against, or property or contractual rights of any
kind in tangible property that was used in the export or
attempt to export that was the subject of the violation;
and
``(C) any of that person's property constituting, or
derived from, any proceeds obtained directly or
indirectly as a result of the violation.
``(b) Civil Penalties.--The Secretary (and officers of the
Department of Commerce specifically designated by the Secretary) may
impose a civil penalty not to exceed $10,000 per violation on any person
violating the provisions of this chapter or any rule, regulation, or
order issued thereunder, except as provided in section 304. Such penalty
may be in addition to any other penalty imposed by law.
``(c) Civil Penalty Procedure.--
``(1) In general.--Whenever a civil penalty is sought for a
violation of this section or of section 304, the charged party
is entitled to receive a formal complaint specifying the charges
and, at his or her request, to contest the charges in a hearing
before an administrative law judge. Any such hearing shall be
conducted in accordance with sections 556 and 557 of title 5,
United States Code.
``(2) Commencement of civil actions.--If any person fails to
pay a civil penalty imposed under this chapter, the Secretary
may request the Attorney General to commence a civil action in
an appropriate district court of the United States to recover
the amount imposed (plus interest at currently prevailing rates
[[Page 116 STAT. 1456]]
from the date of the final order). No such action may be
commenced more than 5 years after the date the order imposing
the civil penalty becomes final. In such action, the validity,
amount, and appropriateness of such penalty shall not be subject
to review.
``(3) Remission or mitigation of penalties.--The Secretary
may remit or mitigate any penalties imposed under paragraph (1)
if, in the Secretary's opinion--
``(A) the penalties were incurred without willful
negligence or fraud; or
``(B) other circumstances exist that justify a
remission or mitigation.
``(4) Applicable law for delegated functions.--If, pursuant
to section 306, the Secretary delegates functions under this
section to another agency, the provisions of law of that agency
relating to penalty assessment, remission or mitigation of such
penalties, collection of such penalties, and limitations of
actions and compromise of claims, shall apply.
``(5) Deposit of payments in general fund of the treasury.--
Any amount paid in satisfaction of a civil penalty imposed under
this section or section 304 shall be deposited into the general
fund of the Treasury and credited as miscellaneous receipts.
``(d) Enforcement.--
``(1) By the secretary of commerce.--The Secretary of
Commerce may designate officers or employees of the Office of
Export Enforcement to conduct investigations pursuant to this
chapter. In conducting such investigations, those officers or
employees may, to the extent necessary or appropriate to the
enforcement of this chapter, exercise such authorities as are
conferred upon them by other laws of the United States, subject
to policies and procedures approved by the Attorney General.
``(2) By the commissioner of customs.--The Commissioner of
Customs may designate officers or employees of the Customs
Service to enforce the provisions of this chapter, or to conduct
investigations pursuant to this chapter.
``(e) Regulations.--The Secretary of Commerce shall promulgate
regulations for the implementation and enforcement of this section.
``(f) Exemption.--The criminal fines provided for in this section
are exempt from the provisions of section 3571 of title 18, United
States Code.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 9 of title 13, United States Code, is
amended by striking the item relating to section 305 and
inserting the following:
``305. Penalties for unlawful export information activities.''.
SEC. 1405. ADJUSTMENT OF THRESHOLD AMOUNTS FOR CONGRESSIONAL REVIEW
PURPOSES.
(a) In General.--The Arms Export Control Act is amended--
(1) in section 3(d) (22 U.S.C. 2753(d))--
(A) in paragraphs (1) and (3)(A), by striking ``The
President may not'' and inserting ``Subject to paragraph
(5), the President may not''; and
[[Page 116 STAT. 1457]]
(B) by adding at the end of the following new
paragraph:
``(5) In the case of a transfer to a member country of the North
Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand
that does not authorize a new sales territory that includes any country
other than such countries, the limitations on consent of the President
set forth in paragraphs (1) and (3)(A) shall apply only if the transfer
is--
``(A) a transfer of major defense equipment valued (in terms
of its original acquisition cost) at $25,000,000 or more; or
``(B) a transfer of defense articles or defense services
valued (in terms of its original acquisition cost) at
$100,000,000 or more).'';
(2) in section 36 (22 U.S.C. 2776)--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``(1) In the
case of'' and inserting ``(1) Subject to paragraph
(6), in the case of'';
(ii) in paragraph (5)(C), by striking ``(C)
If'' and inserting ``(C) Subject to paragraph (6),
if''; and
(iii) by adding at the end of the following
new paragraph:
``(6) The limitation in paragraph (1) and the requirement in
paragraph (5)(C) shall apply in the case of a letter of offer to sell to
a member country of the North Atlantic Treaty Organization (NATO) or
Australia, Japan, or New Zealand that does not authorize a new sales
territory that includes any country other than such countries only if
the letter of offer involves--
``(A) the sale of major defense equipment under this Act
for, or the enhancement or upgrade of major defense equipment at
a cost of, $25,000,000 or more, as the case may be; and
``(B) the sale of defense articles or services for, or the
enhancement or upgrade of defense articles or services at a cost
of, $100,000,000 or more, as the case may be; or
``(C) the sale of design and construction services for, or
the enhancement or upgrade of design and construction services
at a cost of, $300,000,000 or more, as the case may be.''; and
(B) in subsection (c)--
(i) in paragraph (1), by striking ``(1) In the
case of'' and inserting ``(1) Subject to paragraph
(5), in the case of''; and
(ii) by adding at the end the following new
paragraph:
``(5) In the case of an application by a person (other than with
regard to a sale under section 21 or 22 of this Act) for a license for
the export to a member country of the North Atlantic Treaty Organization
(NATO) or Australia, Japan, or New Zealand that does not authorize a new
sales territory that includes any country other than such countries, the
limitations on the issuance of the license set forth in paragraph (1)
shall apply only if the license is for export of--
``(A) major defense equipment sold under a contract in the
amount of $25,000,000 or more; or
``(B) defense articles or defense services sold under a
contract in the amount of $100,000,000 or more.'';
(3) in section 63(a) (22 U.S.C. 2796b(a))--
[[Page 116 STAT. 1458]]
(A) by striking ``In the case of'' and inserting
``(1) Subject to paragraph (2), in the case of''; and
(B) by adding at the end the following new
paragraph:
``(2) In the case of an agreement described in paragraph (1) that is
entered into with a member country of the North Atlantic Treaty
Organization (NATO) or Australia, Japan, or New Zealand, the limitations
in paragraph (1) shall apply only if the agreement involves a lease or
loan of--
``(A) major defense equipment valued (in terms of its
replacement cost less any depreciation in its value) at
$25,000,000 or more; or
``(B) defense articles valued (in terms of their replacement
cost less any depreciation in their value) at $100,000,000 or
more.''; and
(4) in section 47 (22 U.S.C. 2794), as amended by section
1202(b) of this Act--
(A) by striking ``and'' at the end of paragraph (9);
(B) by striking the period at the end of paragraph
(10) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(11) `Sales territory' means a country or group of
countries to which a defense article or defense service is
authorized to be reexported.''.
(b) Licenses for Exports to India and Pakistan.--Section 9001(e) of
the Department of Defense Appropriations Act, Fiscal Year 2000 (Public
Law 106-79) <<NOTE: 22 USC 2799aa-1 note.>> is amended by adding at the
end the following: ``The application of these requirements shall be
subject to the dollar amount thresholds specified in that section.''.
SEC. 1406. CONGRESSIONAL NOTIFICATION OF REMOVAL OF ITEMS FROM THE
MUNITIONS LIST.
Section 38(f)(1) of the Arms Export Control Act (22 U.S.C.
2778(f)(1)) is amended by striking the third sentence and inserting the
following: ``The President may not remove any item from the Munitions
List until 30 days after the date on which the President has provided
notice of the proposed removal to the Committee on International
Relations of the House of Representatives and to the Committee on
Foreign Relations of the Senate in accordance with the procedures
applicable to reprogramming notifications under section 634A(a) of the
Foreign Assistance Act of 1961. Such notice shall describe the nature of
any controls to be imposed on that item under any other provision of
law.''.
TITLE XV--NATIONAL SECURITY ASSISTANCE STRATEGY
SEC. <<NOTE: Deadline.>> 1501. BRIEFING ON THE STRATEGY.
Not later than March 31, 2003, officials of the Department and the
Department of Defense shall brief the appropriate congressional
committees regarding their plans and progress in formulating and
implementing a national security assistance strategy. This briefing
shall include--
(1) a description of how, and to what extent, the elements
of the strategy recommended in section 501(b) of the Security
Assistance Act of 2000 (22 U.S.C. 2305(b)) have been or will be
incorporated in security assistance plans and decisions;
[[Page 116 STAT. 1459]]
(2) the number of out-years considered in the strategy;
(3) a description of the actions taken to include the
programs listed in section 501(c) of the Security Assistance Act
of 2000 (22 U.S.C. 2305(c)), as well as similar programs of
military training or other assistance to the military or
security forces of a foreign country;
(4) a description of how a national security assistance
strategy is being implemented regarding specific countries;
(5) a description of any programmatic changes adopted or
expected as a result of adopting a strategic approach to
security assistance policymaking;
(6) a description of any obstacles encountered in
formulating or implementing a national security assistance
strategy; and
(7) a description of any resource or legislative needs
highlighted by this process.
SEC. 1502. SECURITY ASSISTANCE SURVEYS.
(a) Utilization.--The Secretary should utilize security assistance
surveys in preparation of a national security assistance strategy
pursuant to section 501 of the Security Assistance Act of 2000 (22
U.S.C. 2305).
(b) Funding.--Of the amount made available for the fiscal year 2003
under section 23 of the Arms Export Control Act (22 U.S.C. 2763),
$2,000,000 is authorized to be available to the Secretary to conduct
security assistance surveys, or to request such surveys, on a
reimbursable basis, by the Department of Defense or other United States
Government agencies. Such surveys shall be conducted consistent with the
requirements of section 26 of the Arms Export Control Act (22 U.S.C.
2766).
TITLE XVI--MISCELLANEOUS PROVISIONS
SEC. 1601. NUCLEAR AND MISSILE NONPROLIFERATION IN SOUTH ASIA.
(a) United States Policy.--It shall be the policy of the United
States, consistent with its obligations under the Treaty on the Non-
Proliferation of Nuclear Weapons (21 U.S.T. 483), to encourage and work
with the governments of India and Pakistan to achieve the following
objectives by September 30, 2003:
(1) Continuation of a nuclear testing moratorium.
(2) Commitment not to deploy nuclear weapons.
(3) Commitment not to deploy ballistic missiles that can
carry nuclear weapons and to restrain the ranges and types of
missiles developed or deployed.
(4) Agreement by both governments to bring their export
controls in accord with the guidelines and requirements of the
Nuclear Suppliers Group.
(5) Agreement by both governments to bring their export
controls in accord with the guidelines and requirements of the
Zangger Committee.
(6) Agreement by both governments to bring their export
controls in accord with the guidelines, requirements, and
annexes of the Missile Technology Control Regime.
[[Page 116 STAT. 1460]]
(7) Establishment of a modern, effective system to control
the export of sensitive dual-use items, technology, technical
information, and materiel that can be used in the design,
development, or production of weapons of mass destruction and
ballistic missiles.
(8) Conduct of bilateral meetings between Indian and
Pakistani senior officials to discuss security issues and
establish confidence-building measures with respect to nuclear
policies and programs.
(b) Further United States Policy.--It shall also be the policy of
the United States, consistent with its obligations under the Treaty on
the Nonproliferation of Nuclear Weapons (21 U.S.T. 483), to encourage,
and, where appropriate, to work with, the Governments of India and
Pakistan to achieve not later than September 30, 2003, the establishment
by those governments of modern, effective systems to protect and secure
their nuclear devices and materiel from unauthorized use, accidental
employment, or theft. Any such dialogue with India or Pakistan would not
be represented or considered, nor would it be intended, as granting any
recognition to India or Pakistan, as appropriate, as a nuclear weapon
state (as defined in the Treaty on the Non-Proliferation of Nuclear
Weapons).
(c) <<NOTE: Deadline. President.>> Report.--Not later than March 1,
2003, the President shall submit to the appropriate congressional
committees a report describing United States efforts to achieve the
objectives listed in subsections (a) and (b), the progress made toward
the achievement of those objectives, and the likelihood that each
objective will be achieved by September 30, 2003.
SEC. <<NOTE: 42 USC 7704 note.>> 1602. REAL-TIME PUBLIC AVAILABILITY OF
RAW SEISMOLOGICAL DATA.
The head of the Air Force Technical Applications Center shall make
available to the public, immediately upon receipt or as soon after
receipt as is practicable, all raw seismological data provided to the
United States Government by any international monitoring organization
that is directly responsible for seismological monitoring.
SEC. 1603. DETAILING UNITED STATES GOVERNMENTAL PERSONNEL TO
INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
ORGANIZATIONS.
(a) In General.--The Secretary, in consultation with the Secretaries
of Defense and Energy and the heads of other relevant United States
departments and agencies, as appropriate, should develop measures to
improve the process by which United States Government personnel may be
detailed to international arms control and nonproliferation
organizations without adversely affecting the pay or career advancement
of such personnel.
(b) <<NOTE: Deadline.>> Report Required.--Not later than May 1,
2003, the Secretary shall submit a report to the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives setting forth the measures taken under
subsection (a).
SEC. <<NOTE: 22 USC 2655b.>> 1604. DIPLOMATIC PRESENCE OVERSEAS.
(a) Purpose.--The purpose of this section is to--
(1) elevate the stature given United States diplomatic
initiatives relating to nonproliferation and political-military
issues; and
[[Page 116 STAT. 1461]]
(2) develop a group of highly specialized, technical experts
with country expertise capable of administering the
nonproliferation and political-military affairs functions of the
Department.
(b) <<NOTE: Government organization.>> Authority.--To carry out the
purposes of subsection (a), the Secretary is authorized to establish the
position of Counselor for Nonproliferation and Political Military
Affairs in United States diplomatic missions overseas, to be filled by
individuals who are career Civil Service officers or Foreign Service
officers committed to follow-on assignments in the Nonproliferation
Bureau or the Political Military Affairs Bureau of the Department.
(c) Training.--After being selected to serve as Counselor, any
person so selected shall spend not less than 10 months in language
training courses at the Foreign Service Institute, or in technical
courses administered by the Department of Defense, the Department of
Energy, or other appropriate departments and agencies of the United
States, except that such requirement for training may be waived by the
Secretary.
SEC. 1605. COMPLIANCE WITH THE CHEMICAL WEAPONS CONVENTION.
(a) Findings.--Congress makes the following findings:
(1) On April 24, 1997, the Senate provided its advice and
consent to ratification of the Chemical Weapons Convention
subject to the condition, among others, that the President
certify that no sample collected in the United States pursuant
to the Convention will be transferred for analysis to any
laboratory outside the territory of the United States.
(2) Congress enacted the same condition into law as section
304(f)(1) of the Chemical Weapons Convention Implementation Act
of 1998 (22 U.S.C. 6724(f)(1)).
(3) Part II, paragraph 57, of the Verification Annex of the
Convention requires that all samples requiring off-site analysis
under the Convention shall be analyzed by at least two
laboratories that have been designated as capable of conducting
such testing by the OPCW.
(4) The only United States laboratory currently designated
by the OPCW is the United States Army Edgewood Forensic Science
Laboratory.
(5) In order to comply with the Chemical Weapons Convention,
the certification submitted pursuant to condition (18) of the
resolution of ratification of the Chemical Weapons Convention,
and the requirements of section 304(f)(1) of the Chemical
Weapons Convention Implementation Act of 1998 (22 U.S.C.
6724(f)(1)), the United States must possess, at a minimum, a
second OPCW-designated laboratory.
(6) The possession of a second OPCW-designated laboratory is
necessary in view of the potential for a challenge inspection to
be initiated against the United States by a foreign nation.
(7) The possession of a third OPCW-designated laboratory
would enable the OPCW to implement its normal sample analysis
procedures, which randomly assign real and manufactured samples
so that no laboratory knows the origin of a given sample.
(8) To qualify as a designated laboratory, a laboratory must
be certified under ISO Guide 25 or a higher standard and
complete three proficiency tests. The laboratory must have the
full capability to handle substances listed on Schedule
[[Page 116 STAT. 1462]]
1 of the Annex on Schedules of Chemicals of the Chemical Weapons
Convention. In order to handle such substances in the United
States, a laboratory also must operate under a bailment
agreement with the United States Army.
(9) Several existing United States commercial laboratories
have approved quality control systems, already possess bailment
agreements with the United States Army, and have the
capabilities necessary to obtain OPCW designation.
(10) In order to bolster the legitimacy of United States
analysis of samples taken on its national territory, it is
preferable that one designated laboratory not be a United States
Government facility.
(b) <<NOTE: Deadlines.>> Establishment of Non-Governmental
Designated Laboratory.--
(1) Report.--Not later than March 1, 2003, the United States
National Authority, as designated under section 101 of the
Chemical Weapons Convention Implementation Act of 1998 (22
U.S.C. 6711) (referred to in this section as the ``National
Authority''), shall submit to the appropriate congressional
committees a report detailing a plan for securing OPCW
designation of a nongovernmental United States laboratory by
December 1, 2004.
(2) Directive.--Not later than June 1, 2003, the National
Authority shall select, through competitive procedures, a
nongovernmental laboratory within the United States to pursue
designation by the OPCW.
(3) Delegation.--The National Authority may delegate the
authority and administrative responsibility for carrying out
paragraph (2) to one or more of the heads of the agencies
described in section 101(b)(2) of the Chemical Weapons
Convention Implementation Act of 1998 (22 U.S.C. 6711(b)(2)).
(c) Definitions.--In this section:
(1) Chemical weapons convention or convention.--The term
``Chemical Weapons Convention'' or ``Convention'' means the
Convention on the Prohibition of Development, Production,
Stockpiling and Use of Chemical Weapons and on Their
Destruction, Opened for Signature and Signed by the United
States at Paris on January 13, 1993, including the following
protocols and memorandum of understanding:
(A) The Annex on Chemicals.
(B) The Annex on Implementation and Verification.
(C) The Annex on the Protection of Confidential
Information.
(D) The Resolution Establishing the Preparatory
Commission for the Organization for the Prohibition of
Chemical Weapons.
(E) The Text on the Establishment of a Preparatory
Commission.
(2) OPCW.--The term ``OPCW'' means the Organization for the
Prohibition of Chemical Weapons established under the
Convention.
[[Page 116 STAT. 1463]]
TITLE XVII--AUTHORITY TO TRANSFER NAVAL VESSELS
SEC. 1701. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Transfers by Grant.--The President is authorized to transfer
vessels to foreign countries on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) as follows:
(1) Poland.--To the Government of Poland, the OLIVER HAZARD
PERRY class guided missile frigate WADSWORTH (FFG 9).
(2) Turkey.--To the Government of Turkey, the KNOX class
frigates CAPODANNO (FF 1093), THOMAS C. HART (FF 1092), DONALD
B. BEARY (FF 1085), McCANDLESS (FF 1084), REASONER (FF 1063),
and BOWEN (FF 1079).
(b) Transfers by Sale.--The President is authorized to transfer
vessels to foreign governments and foreign governmental entities on a
sale basis under section 21 of the Arms Export Control Act (22 U.S.C.
2761) as follows:
(1) Mexico.--To the Government of Mexico, the NEWPORT class
tank landing ship FREDERICK (LST 1184).
(2) Taiwan.--To the Taipei Economic and Cultural
Representative Office in the United States (which is the Taiwan
instrumentality designated pursuant to section 10(a) of the
Taiwan Relations Act), the KIDD class guided missile destroyers
KIDD (DDG 993), CALLAGHAN (DDG 994), SCOTT (DDG 995), and
CHANDLER (DDG 996).
(3) Turkey.--To the Government of Turkey, the OLIVER HAZARD
PERRY class guided missile frigates ESTOCIN (FFG 15) and SAMUEL
ELIOT MORISON (FFG 13).
(c) Grants Not Counted in Annual Total of Transferred Excess Defense
Articles.--The value of a vessel transferred to another country on a
grant basis under section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j) pursuant to authority provided by subsection (a) shall not
be counted for the purposes of subsection (g) of that section in the
aggregate value of excess defense articles transferred to countries
under that section in any fiscal year.
(d) Costs of Transfers on Grant Basis.--Any expense incurred by the
United States in connection with a transfer authorized by this section
shall be charged to the recipient (notwithstanding section 516(e)(1) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(1))) in the case
of a transfer authorized to be made on a grant basis under subsection
(a).
(e) Waiver Authority.--For a vessel transferred on a grant basis
pursuant to authority provided by subsection (a)(2), the President may
waive reimbursement of charges for the lease of that vessel under
section 61(a) of the Arms Export Control Act (22 U.S.C. 2796(a)) for a
period of one year before the date of the transfer of that vessel.
(f) Repair and Refurbishment in United States Shipyards.--To the
maximum extent <<NOTE: President.>> practicable, the President shall
require, as a condition of the transfer of a vessel under this section,
that the country to which the vessel is transferred have such repair or
refurbishment of the vessel as is needed, before the
[[Page 116 STAT. 1464]]
vessel joins the naval forces of that country, performed at a shipyard
located in the United States, including a United States Navy shipyard.
(g) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
Approved September 30, 2002.
LEGISLATIVE HISTORY--H.R. 1646 (S. 1401):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 107-57 (Comm. on International Relations) and 107-
671 (Comm. of Conference).
SENATE REPORTS: No. 107-60 accompanying S. 1401 (Comm. on Foreign
Relations).
CONGRESSIONAL RECORD:
Vol. 147 (2001):
May 16, considered and passed House.
Vol. 148 (2002):
May 1, considered and passed Senate,
amended.
Sept. 25, House agreed to conference
report.
Sept. 26, Senate agreed to
conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Sept. 30, Presidential statement.
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