II

Calendar No. 149

107TH CONGRESS

1ST SESSION S. 1401

[Report No. 107–60]

To authorize appropriations for the Department of State and for United

States international broadcasting activities for fiscal years 2002 and

2003, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 4, 2001

Mr. BIDEN, from the Committee on Foreign Relations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

To authorize appropriations for the Department of State

and for United States international broadcasting activities for fiscal years 2002 and 2003, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Foreign Relations Au5 thorization Act, Fiscal Years 2002 and 2003’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

TITLE I—AUTHORIZATIONS OF APPROPRIATIONS

Subtitle A—Department of State

Sec. 101. Administration of foreign affairs.

Sec. 102. United States educational, cultural, and public diplomacy programs.

Sec. 103. Contributions to international organizations.

Sec. 104. International commissions.

Sec. 105. Migration and refugee assistance.

Sec. 106. Grants to The Asia Foundation.

Subtitle B—United States International Broadcasting Activities

Sec. 111. Authorizations of appropriations.

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND

ACTIVITIES

Subtitle A—Basic Authorities and Activities

Sec. 201. Emergency evacuation services.

Sec. 202. Application of earmarks and minimum funding requirements in laws

authorizing appropriations.

Sec. 203. Special agent authorities.

Sec. 204. Retention of portion of claims payments for the International Litigation Fund.

Sec. 205. Foreign Relations Historical Series.

Sec. 206. Expansion of eligibility for award of certain construction contracts.

Sec. 207. Repeal of provision regarding housing for foreign agricultural attache.

Sec. 208. International chancery center.

Sec. 209. Travel to Great Lakes fisheries meetings.

Sec. 210. Correction of Fishermen’s Protective Act of 1967.

Sec. 211. State Department records of overseas deaths of United States nationals from nonnatural causes.

Sec. 212. United States policy with respect to Jerusalem as the capital of

Israel.

Sec. 213. Use of funds received by the International Boundary and Water Commission.

Sec. 214. Fee collections relating to intercountry adoptions and affidavits of

support.

Subtitle B—Educational, Cultural, and Public Diplomacy Authorities

Sec. 221. Allocation of funds transferred to the Bureau of Educational and

Cultural Affairs.

Sec. 222. Action plan related to public diplomacy activities.

Sec. 223. Advisory Committee on Cultural Diplomacy.

Sec. 224. Chinese Language Scholars Program.
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Sec. 225. Allocation of funds for American Corners in the Russian Federation.

Sec. 226. Conforming amendments.

Subtitle C—Consular Authorities

Sec. 231. Machine readable visas.

Sec. 232. Consular fees.

Sec. 233. Report on visa issuance to inadmissible aliens.

Sec. 234. Denial of entry into United States of Chinese and other nationals engaged in coerced organ or bodily tissue transplantation.

Subtitle D—Migration and Refugees

Sec. 241. United States membership in the International Organization for Migration.

Sec. 242. United States policy regarding the involuntary return of refugees.

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. Elimination of position of Deputy Secretary of State for Management

and Resources.

Subtitle B—Personnel Matters

Sec. 311. Thomas Jefferson Star for Foreign Service.

Sec. 312. Presidential rank awards.

Sec. 313. Clarification of separation for cause.

Sec. 314. Family visitation travel for dependents.

Sec. 315. Health education and disease prevention programs.

Sec. 316. Correction of time limit for grievance filing.

Sec. 317. Training authorities.

Sec. 318. Unaccompanied air baggage.

Sec. 319. Emergency medical advance payments.

Sec. 320. Retirement credit for certain Government service performed abroad.

Sec. 321. Computation of Foreign Service retirement annuities as if Washington, D.C., locality-based comparability payments were made

to overseas stationed Foreign Service members.

Sec. 322. Plan for improving recruitment of veterans into the Foreign Service.

TITLE IV—INTERNATIONAL ORGANIZATIONS

Sec. 401. Payment of second installment of arrearages.

Sec. 402. Payment of third installment of arrearages.

Sec. 403. Transmittal of certifications to Congress.

Sec. 404. Reports to Congress on contributions to the United Nations.

Sec. 405. Limitation on the United States share of assessments for United Nations peacekeeping operations in calendar years 2001 through

2003.

Sec. 406. Limitation on the United States share of assessments for United Nations regular budget.

Sec. 407. Sense of Congress relating to the payment of the United States share

of assessments for the United Nations regular budget.

Sec. 408. Zero growth United Nations budget.
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Sec. 409. Membership on Commission on Human Rights and International

Narcotics Control Board.

Sec. 410. Action plan for enhanced Department of State efforts to place United

States nationals in positions of employment in the United Nations and its specialized agencies.

TITLE V—UNITED STATES INTERNATIONAL BROADCASTING

ACTIVITIES

Sec. 501. Redesignation of the Broadcasting Board of Governors as the United

States International Broadcasting Agency.

Sec. 502. Special authority for surge capacity.

Sec. 503. Dissemination of the Voice of America Special English Service’s programming in the United States.

Sec. 504. Modification of limitation on grant amounts to RFE/RL, Incorporated.

Sec. 505. Grants for Radio Free Asia.

Sec. 506. Pay parity for senior executives of RFE/RL, Incorporated.

Sec. 507. Authority to contract for local broadcasting services outside the

United States.

Sec. 508. Personal services contracting pilot program.

Sec. 509. Travel by Voice of America correspondents.

Sec. 510. Conforming amendments.

TITLE VI—REPORTING REQUIREMENTS

Sec. 601. Elimination of certain reporting requirements.

Sec. 602. Report relating to Commission on Security and Cooperation in Europe.

Sec. 603. Briefings on potential purchases of defense articles or defense services by Taiwan.

Sec. 604. Annual reports on United States-Vietnam human rights dialogue

meetings.

Sec. 605. Semiannual reports on expenditures made from appropriation for

‘‘Emergencies in the Diplomatic and Consular Service’’.

Sec. 606. Report concerning elimination of Colombian opium.

Sec. 607. Report concerning the German Foundation ‘‘Remembrance, Responsibility, and the Future’’.

TITLE VII—MISCELLANEOUS PROVISIONS

Subtitle A—Middle East Peace Commitments Act of 2001

Sec. 701. Short title.

Sec. 702. Findings.

Sec. 703. Reports.

Sec. 704. Imposition of sanctions.

Subtitle B—Tibet Policy

Sec. 711. Short title.

Sec. 712. Statement of purpose.

Sec. 713. Tibet negotiations.

Sec. 714. Reporting on Tibet.

Sec. 715. Congressional-Executive Commission on the People’s Republic of

China.

Sec. 716. Economic development on the Tibetan plateau.
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Sec. 717. Release of prisoners and access to prisons.

Sec. 718. Establishment of a United States branch office in Lhasa, Tibet.

Sec. 719. Requirement for Tibetan language training.

Sec. 720. Religious persecution in Tibet.

Subtitle C—East Timor Transition to Independence Act of 2001

Sec. 731. Short title.

Sec. 732. Bilateral assistance.

Sec. 733. Multilateral assistance.

Sec. 734. Trade and investment assistance.

Sec. 735. Generalized system of preferences.

Sec. 736. Peace Corps activities.

Sec. 737. Security assistance for East Timor.

Sec. 738. Authorization of United States diplomatic mission to East Timor.

Sec. 739. Reporting requirement.

Subtitle D—Reform of Certification Procedures Applicable to Certain Drug

Producing or Trafficking Countries

Sec. 741. Findings.

Sec. 742. Three-year modification of procedures relating to assistance for major

drug-transit and major illicit drug producing countries.

Sec. 743. Sense of Congress on enhanced international narcotics control.

Sec. 744. Inclusion of major foreign drug trafficking organizations in international narcotics control strategy report.

Sec. 745. Judicial review under Foreign Narcotics Kingpin Designation Act.

Subtitle E—Clean Water for the Americas Partnership

Sec. 751. Short title.

Sec. 752. Definitions.

Sec. 753. Establishment of program.

Sec. 754. Environment assessment.

Sec. 755. Establishment of Technology America Centers.

Sec. 756. Promotion of water quality, water treatment systems, and energy efficiency.

Sec. 757. Grants for prefeasibility studies within a designated subregion.

Sec. 758. Clean Water Technical Support Committee.

Sec. 759. Authorization of appropriations.

Sec. 760. Report.

Sec. 761. Termination date.

Sec. 762. Effective date.

Subtitle F—Other Matters

Sec. 771. Amendments to the International Religious Freedom Act of 1998.

Sec. 772. Extension of authority for Caucus on International Narcotics Control.

Sec. 773. Human Rights and Democracy Fund.

Sec. 774. Reports on actions taken by the United States to encourage respect

for human rights.

Sec. 775. Program to improve building construction and practices in Latin

American countries.

Sec. 776. Support for accountability of persons responsible for committing war

crimes and other human rights abuses in Sierra Leone.

Sec. 777. Transfer of proscribed weapons to persons or entities in the West

Bank and Gaza.
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Sec. 778. Sense of Congress relating to global warming.

Sec. 779. Sense of Congress relating to environmental contamination and other

adverse health effects in the Philippines emanating from

former United States military facilities.

Sec. 780. Sense of Congress on Bolivia.

Sec. 781. Sense of Congress on return of portraits of Holocaust victims to the

artist Dina Babbitt.

1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Foreign Relations

6 of the Senate and the Committee on International

7 Relations of the House of Representatives.

8 (2) DEPARTMENT.—The term ‘‘Department’’

9 means the Department of State.

10 (3) SECRETARY.—Except as otherwise provided,

11 the term ‘‘Secretary’’ means the Secretary of State.

12 TITLE I—AUTHORIZATIONS OF

13 APPROPRIATIONS

14 Subtitle A—Department of State

15 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

16 The following amounts are authorized to be appro17 priated for the Department under ‘‘Administration of For18 eign Affairs’’ to carry out the authorities, functions, du19 ties, and responsibilities in the conduct of the foreign af20 fairs of the United States, and for other purposes author21 ized by law, including public diplomacy activities and the

22 diplomatic security program:
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1 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

2 (A) AUTHORIZATION OF APPROPRIA3 TIONS.—For ‘‘Diplomatic and Consular Pro4 grams’’, $3,730,140,000 for the fiscal year

5 2002 and $4,103,154,000 for the fiscal year

6 2003.

7 (B) WORLDWIDE SECURITY UPGRADES.—

8 Of the amounts authorized to be appropriated

9 by subparagraph (A), $512,735,000 for the fis10 cal year 2002 and $564,009,000 for the fiscal

11 year 2003 are authorized to be appropriated

12 only for worldwide security upgrades.

13 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap14 ital Investment Fund’’, $210,000,000 for the fiscal

15 year 2002 and $231,000,000 for the fiscal year

16 2003.

17 (3) EMBASSY SECURITY, CONSTRUCTION AND

18 MAINTENANCE.—

19 (A) IN GENERAL.—For ‘‘Embassy Secu20 rity, Construction and Maintenance’’,

21 $475,046,000 for the fiscal year 2002, and

22 $522,551,000 for the fiscal year 2003, in addi23 tion to amounts otherwise authorized to be ap24 propriated for such purpose by section 604 of

25 the Admiral James W. Nance and Meg Dono-
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1 van Foreign Relations Authorization Act, Fiscal

2 Years 2000 and 2001 (as enacted into law by

3 section 1000(a)(7) of Public Law 106–113 and

4 contained in appendix G of that Act; 113 Stat.

5 1501A–470).

6 (B) AMENDMENT OF THE NANCE-DONO7 VAN FOREIGN RELATIONS AUTHORIZATION

8 ACT.—Section 604(a)(4) of that Act (113 Stat.

9 1501A–453) is amended by striking

10 ‘‘$900,000,000’’ and inserting

11 ‘‘$1,000,000,000’’.

12 (4) REPRESENTATION ALLOWANCES.—For

13 ‘‘Representation Allowances’’, $9,000,000 for the

14 fiscal year 2002 and $9,450,000 for the fiscal year

15 2003.

16 (5) PROTECTION OF FOREIGN MISSIONS AND

17 OFFICIALS.—For ‘‘Protection of Foreign Missions

18 and Officials’’, $10,000,000 for the fiscal year 2002

19 and $10,500,000 for the fiscal year 2003.

20 (6) EMERGENCIES IN THE DIPLOMATIC AND

21 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip22 lomatic and Consular Service’’, $15,500,000 for the

23 fiscal year 2002 and $16,275,000 for the fiscal year

24 2003.
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1 (7) REPATRIATION LOANS.—For ‘‘Repatriation

2 Loans’’, $1,219,000 for the fiscal year 2002 and

3 $1,250,000 for the fiscal year 2003.

4 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

5 TAIWAN.—For ‘‘Payment to the American Institute

6 in Taiwan’’, $17,044,000 for the fiscal year 2002

7 and $17,896,000 for the fiscal year 2003.

8 (9) OFFICE OF THE INSPECTOR GENERAL.—

9 For ‘‘Office of the Inspector General’’, $29,264,000

10 for the fiscal year 2002 and $30,435,000 for the fis11 cal year 2003.

12 SEC. 102. UNITED STATES EDUCATIONAL, CULTURAL, AND

13 PUBLIC DIPLOMACY PROGRAMS.

14 The following amounts are authorized to be appro15 priated for the Department to carry out public diplomacy

16 programs of the Department under the United States In17 formation and Educational Exchange Act of 1948, the

18 Mutual Educational and Cultural Exchange Act of 1961,

19 Reorganization Plan Number 2 of 1977, the Center for

20 Cultural and Technical Interchange Between East and

21 West Act of 1960, the Dante B. Fascell North-South Cen22 ter Act of 1991, and the National Endowment for Democ23 racy Act, and to carry out other authorities in law con24 sistent with such purposes:
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1 (1) EDUCATIONAL AND CULTURAL EXCHANGE

2 PROGRAMS.—

3 (A) FULBRIGHT ACADEMIC EXCHANGE

4 PROGRAMS.—

5 (i) IN GENERAL.—For the ‘‘Fulbright

6 Academic Exchange Programs’’ (other

7 than programs described in subparagraph

8 (B)), $135,000,000 for the fiscal year

9 2002 and $150,000,000 for the fiscal year

10 2003.

11 (ii) VIETNAM FULBRIGHT ACADEMIC

12 EXCHANGE PROGRAM.—Of the amounts

13 authorized to be appropriated by clause (i),

14 $5,000,000 for the fiscal year 2002 and

15 $5,000,000 for the fiscal year 2003 shall

16 be available only to carry out the Vietnam

17 scholarship program established by section

18 229 of the Foreign Relations Authorization

19 Act, Fiscal Years 1992 and 1993 (Public

20 Law 102–138).

21 (B) OTHER EDUCATIONAL AND CULTURAL

22 EXCHANGE PROGRAMS.—

23 (i) IN GENERAL.—For other edu24 cational and cultural exchange programs

25 authorized by law, $125,000,000 for the
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1 fiscal year 2002 and $136,000,000 for the

2 fiscal year 2003.

3 (ii) TIBETAN EXCHANGES.—Of the

4 amounts authorized to be appropriated by

5 clause (i), $500,000 for the fiscal year

6 2002 and $500,000 for the fiscal year

7 2003 are authorized to be available for

8 ‘‘Ngawang Choephel Exchange Programs’’

9 (formerly known as ‘‘programs of edu10 cational and cultural exchange between the

11 United States and the people of Tibet’’)

12 under section 103(a) of the Human

13 Rights, Refugee, and Other Foreign Rela14 tions Provisions Act of 1996 (Public Law

15 104–319).

16 (iii) EAST TIMORESE SCHOLAR17 SHIPS.—Of the amounts authorized to be

18 appropriated by clause (i), $500,000 for

19 the fiscal year 2002 and $500,000 for the

20 fiscal year 2003 are authorized to be avail21 able for ‘‘East Timorese Scholarships’’.

22 (iv) MONTENEGRO PARLIAMENTARY

23 DEVELOPMENT.—Of the amounts author24 ized to be appropriated by clause (i),

25 $1,000,000 for the fiscal year 2002 and
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1 $1,000,000 for the fiscal year 2003 are au2 thorized only for a program of parliamen3 tary development and exchanges in Monte4 negro.

5 (2) NATIONAL ENDOWMENT FOR DEMOC6 RACY.—For the ‘‘National Endowment for Democ7 racy’’, $36,000,000 for the fiscal year 2002 and

8 $40,000,000 for the fiscal year 2003.

9 (3) CENTER FOR CULTURAL AND TECHNICAL

10 INTERCHANGE BETWEEN EAST AND WEST.—For the

11 ‘‘Center for Cultural and Technical Interchange be12 tween East and West’’, $15,000,000 for the fiscal

13 year 2002 and $15,000,000 for the fiscal year 2003.

14 (4) REAGAN-FASCELL DEMOCRACY FELLOWS.—

15 For a fellowship program known as the ‘‘Reagan16 Fascell Democracy Fellows’’, for democracy activists

17 and scholars from around the world at the Inter18 national Forum for Democratic Studies in Wash19 ington, D.C., to study, write, and exchange views

20 with other activists and scholars and with Ameri21 cans, $1,000,000 for the fiscal year 2002 and

22 $1,000,000 for the fiscal year 2003.
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1 SEC. 103. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA2 TIONS.

3 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

4 ORGANIZATIONS.—

5 (1) AUTHORIZATION OF APPROPRIATIONS.—

6 There are authorized to be appropriated under the

7 heading ‘‘Contributions to International Organiza8 tions’’ $1,144,000,000 for the fiscal year 2002 and

9 $913,917,000 for the fiscal year 2003 for the De10 partment to carry out the authorities, functions, du11 ties, and responsibilities in the conduct of the for12 eign affairs of the United States with respect to

13 international organizations and to carry out other

14 authorities in law consistent with such purposes.

15 (2) AVAILABILITY OF FUNDS FOR CIVIL BUDG16 ET OF NATO.—Of the amounts authorized to be ap17 propriated under the heading ‘‘Contributions to

18 International Organizations’’ for fiscal year 2002

19 and for each fiscal year thereafter, such sums as

20 may be necessary are authorized for the United

21 States assessment for the civil budget of the North

22 Atlantic Treaty Organization.

23 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE24 KEEPING ACTIVITIES.—There are authorized to be appro25 priated under the heading ‘‘Contributions for Inter26 national Peacekeeping Activities’’ $844,139,000 for the
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1 fiscal year 2002 and $844,139,000 for the fiscal year

2 2003 for the Department to carry out the authorities,

3 functions, duties, and responsibilities in the conduct of the

4 foreign affairs of the United States with respect to inter5 national peacekeeping activities and to carry out other au6 thorities in law consistent with such purposes.

7 (c) FOREIGN CURRENCY EXCHANGE RATES.—

8 (1) AUTHORIZATION OF APPROPRIATIONS.—In

9 addition to amounts authorized to be appropriated

10 by subsection (a), there are authorized to be appro11 priated such sums as may be necessary for each of

12 the fiscal years 2002 and 2003 to offset adverse

13 fluctuations in foreign currency exchange rates.

14 (2) AVAILABILITY OF FUNDS.—Amounts appro15 priated under this subsection shall be available for

16 obligation and expenditure only to the extent that

17 the Director of the Office of Management and Budg18 et determines and certifies to Congress that such

19 amounts are necessary due to such fluctuations.

20 (d) REFUND OF EXCESS CONTRIBUTIONS.—The

21 United States shall continue to insist that the United Na22 tions and its specialized and affiliated agencies shall credit

23 or refund to each member of the organization or agency

24 concerned its proportionate share of the amount by which

25 the total contributions to the organization or agency ex-
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1 ceed the expenditures of the regular assessed budget of

2 the organization or agency.

3 SEC. 104. INTERNATIONAL COMMISSIONS.

4 The following amounts are authorized to be appro5 priated under ‘‘International Commissions’’ for the De6 partment to carry out the authorities, functions, duties,

7 and responsibilities in the conduct of the foreign affairs

8 of the United States with respect to international commis9 sions, and for other purposes authorized by law:

10 (1) INTERNATIONAL BOUNDARY AND WATER

11 COMMISSION, UNITED STATES AND MEXICO.—For

12 ‘‘International Boundary and Water Commission,

13 United States and Mexico’’—

14 (A) for ‘‘Salaries and Expenses’’,

15 $7,452,000 for the fiscal year 2002 and

16 $7,825,000 for the fiscal year 2003; and

17 (B) for ‘‘Construction’’, $25,654,000 for

18 the fiscal year 2002 and $26,937,000 for the

19 fiscal year 2003.

20 (2) INTERNATIONAL BOUNDARY COMMISSION,

21 UNITED STATES AND CANADA.—For ‘‘International

22 Boundary Commission, United States and Canada’’,

23 $989,000 for the fiscal year 2002 and $1,038,000

24 for the fiscal year 2003.
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1 (3) INTERNATIONAL JOINT COMMISSION.—For

2 ‘‘International Joint Commission’’, $7,282,000 for

3 the fiscal year 2002 and $7,646,000 for the fiscal

4 year 2003.

5 (4) INTERNATIONAL FISHERIES COMMIS6 SIONS.—For ‘‘International Fisheries Commissions’’,

7 $19,780,000 for the fiscal year 2002 and

8 $20,769,000 for the fiscal year 2003.

9 SEC. 105. MIGRATION AND REFUGEE ASSISTANCE.

10 (a) IN GENERAL.—There are authorized to be appro11 priated for the Department for ‘‘Migration and Refugee

12 Assistance’’ for authorized activities, $715,000,000 for the

13 fiscal year 2002 and $750,750,000 for the fiscal year

14 2003.

15 (b) ALLOCATION OF FUNDS.—Of the amounts au16 thorized to be appropriated by subsection (a), not less

17 than $60,000,000 is authorized to be available for each

18 of the fiscal years 2002 and 2003 for the resettlement of

19 refugees in Israel.

20 SEC. 106. GRANTS TO THE ASIA FOUNDATION.

21 Section 404 of The Asia Foundation Act (title IV of

22 Public Law 98–164; 22 U.S.C. 4403) is amended to read

23 as follows:

24 ‘‘SEC. 404. There are authorized to be appropriated

25 to the Secretary of State $15,000,000 for the fiscal year
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1 2002 and $15,000,000 for the fiscal year 2003 for grants

2 to The Asia Foundation pursuant to this title.’’.

3 Subtitle B—United States Inter4 national Broadcasting Activities

5 SEC. 111. AUTHORIZATIONS OF APPROPRIATIONS.

6 The following amounts are authorized to be appro7 priated to carry out United States Government broad8 casting activities under the United States Information and

9 Educational Exchange Act of 1948, the United States

10 International Broadcasting Act of 1994, the Radio Broad11 casting to Cuba Act, the Television Broadcasting to Cuba

12 Act, and the Foreign Affairs Reform and Restructuring

13 Act of 1998, and to carry out other authorities in law con14 sistent with such purposes:

15 (1) INTERNATIONAL BROADCASTING OPER16 ATIONS.—

17 (A) IN GENERAL.—For ‘‘International

18 Broadcasting Operations’’, $463,806,000 for

19 the fiscal year 2002, and $486,996,000 for the

20 fiscal year 2003.

21 (B) ALLOCATION OF FUNDS.—Of the

22 amounts authorized to be appropriated by sub23 paragraph (A) for the fiscal years 2002 and

24 2003, there are authorized to be available for
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1 Radio Free Asia $30,000,000 for the fiscal year

2 2002 and $33,000,000 for the fiscal year 2003.

3 (2) BROADCASTING CAPITAL IMPROVEMENTS.—

4 For ‘‘Broadcasting Capital Improvements’’,

5 $22,900,000 for the fiscal year 2002 and

6 $20,000,000 for the fiscal year 2003.

7 TITLE II—DEPARTMENT OF

8 STATE AUTHORITIES AND AC9 TIVITIES

10 Subtitle A—Basic Authorities and

11 Activities

12 SEC. 201. EMERGENCY EVACUATION SERVICES.

13 Section 4(b)(2)(A) of the State Department Basic

14 Authorities Act of 1956 (22 U.S.C. 2671(b)(2)(A)) is

15 amended to read as follows:

16 ‘‘(A) the evacuation when their lives are endan17 gered by war, civil unrest, or natural disaster of—

18 ‘‘(i) United States Government employees

19 and their dependents; and

20 ‘‘(ii) private United States citizens or

21 third-country nationals, on a reimbursable basis

22 to the extent feasible, with such reimburse23 ments to be credited to the applicable Depart24 ment of State appropriation and to remain

25 available until expended;’’.
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1 SEC. 202. APPLICATION OF EARMARKS AND MINIMUM

2 FUNDING REQUIREMENTS IN LAWS AUTHOR3 IZING APPROPRIATIONS.

4 Section 15 of the State Department Basic Authorities

5 Act of 1956 (22 U.S.C. 2680) is amended by adding at

6 the end the following new subsection:

7 ‘‘(c)(1) Whenever a provision of law expresses an ear8 mark or minimum funding requirement with respect to an

9 amount or amounts authorized to be appropriated to the

10 Department of State, the provision shall apply to appro11 priations made pursuant to that authority unless the pro12 vision is specifically superseded, modified, stricken, or re13 pealed by an Act enacted after the date of enactment of

14 the provision of law expressing the earmark or require15 ment.

16 ‘‘(2) In this subsection, the term ‘earmark’ means a

17 sum that is available only for a particular purpose, coun18 try, program, project, or activity.’’.

19 SEC. 203. SPECIAL AGENT AUTHORITIES.

20 Section 37(a) of the State Department Basic Au21 thorities Act of 1956 (22 U.S.C. 2709(a)) is amended—

22 (1) by amending paragraph (2) to read as fol23 lows:

24 ‘‘(2) obtain and execute search and arrest war25 rants, as well as obtain and serve subpoenas and
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1 summonses issued under the authority of the United

2 States;’’;

3 (2) in paragraph (3)(F), by inserting ‘‘or Presi4 dent-elect’’ after ‘‘President’’; and

5 (3) by amending paragraph (5) to read as fol6 lows:

7 ‘‘(5) make arrests without warrant for any of8 fense against the United States committed in their

9 presence, or for any felony cognizable under the laws

10 of the United States if they have reasonable grounds

11 to believe that the person to be arrested has com12 mitted or is committing such felony.’’.

13 SEC. 204. RETENTION OF PORTION OF CLAIMS PAYMENTS

14 FOR THE INTERNATIONAL LITIGATION FUND.

15 Section 38 of the State Department Basic Authorities

16 Act of 1956 (22 U.S.C. 2710) is amended by adding at

17 the end the following new subsection:

18 ‘‘(e) RETENTION OF FUNDS.—

19 ‘‘(1) IN GENERAL.—To reimburse the expenses

20 of the United States Government in preparing or

21 prosecuting a proceeding before an international tri22 bunal, or a claim against a foreign government or

23 other foreign entity, the Department of State shall

24 retain 1.5 percent of any amount of $5,000,000 or

25 less, and one percent of any amount of more than
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1 $5,000,000, awarded per proceeding or received per

2 claim under chapter 34 of the Act of February 27,

3 1896 (22 U.S.C. 2668a; 29 Stat. 32).

4 ‘‘(2) TREATMENT.—Amounts retained under

5 the authority of paragraph (1) shall be deposited

6 into the fund under subsection (d).’’.

7 SEC. 205. FOREIGN RELATIONS HISTORICAL SERIES.

8 (a) ANNUAL REPORTS BY THE ADVISORY COM9 MITTEE.—Section 404(d) of the State Department Basic

10 Authorities Act of 1956 (22 U.S.C. 4354(d)) is

11 amended—

12 (1) by striking ‘‘REPORTING REQUIRE13 MENT.—’’ and inserting ‘‘ANNUAL REPORTS BY THE

14 ADVISORY COMMITTEE.—’’; and

15 (2) by inserting ‘‘and to the Committee on For16 eign Relations of the Senate and the Committee on

17 International Relations of the House of Representa18 tives’’ after ‘‘Secretary of State’’.

19 (b) ANNUAL REPORTS BY THE SECRETARY.—Section

20 404(e) of the State Department Basic Authorities Act of

21 1956 (22 U.S.C. 4354(e)) is amended to read as follows:

22 ‘‘(e) ANNUAL REPORTS BY THE SECRETARY OF

23 STATE.—Not later than March 1 of each year, the Sec24 retary of State shall submit a report to the Committee

25 on Foreign Relations of the Senate and the Committee
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1 on International Relations of the House of Representa2 tives on the compliance of the Department of State with

3 the provisions of this title, including—

4 ‘‘(1) the volumes published in the previous cal5 endar year;

6 ‘‘(2) the degree to which the Department is not

7 in compliance with the deadline set forth in section

8 401(c); and

9 ‘‘(3) the factors relevant to the inability of the

10 Department to comply with the provisions of this

11 title, including section 401(c).’’.

12 SEC. 206. EXPANSION OF ELIGIBILITY FOR AWARD OF CER13 TAIN CONSTRUCTION CONTRACTS.

14 (a) IN GENERAL.—Section 11(b)(4)(A) of the For15 eign Service Buildings Act, 1926 (22 U.S.C.

16 302(b)(4)(A)) is amended by inserting ‘‘or at a United

17 States diplomatic or consular establishment abroad’’ after

18 ‘‘United States’’.

19 (b) CONFORMING AMENDMENT.—Section

20 402(c)(2)(D) of the Omnibus Diplomatic Security and

21 Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(D)) is

22 amended by inserting ‘‘or at a United States diplomatic

23 or consular establishment abroad’’ after ‘‘United States’’.
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1 SEC. 207. REPEAL OF PROVISION REGARDING HOUSING

2 FOR FOREIGN AGRICULTURAL ATTACHE.

3 Section 738 of the Agriculture, Rural Development,

4 Food and Drug Administration, and Related Agencies Ap5 propriations Act, 2001 (as enacted into law by Public Law

6 106–387; 114 Stat. 1549A–34) is repealed.

7 SEC. 208. INTERNATIONAL CHANCERY CENTER.

8 Section 1 of the Act of October 8, 1968 (Public Law

9 90–553, as amended; commonly known as the ‘‘Inter10 national Center Act’’) is amended—

11 (1) by redesignating clauses (a) and (b) as

12 clauses (1) and (2), respectively;

13 (2) by inserting ‘‘(a)’’ after ‘‘That’’; and

14 (3) by adding at the end the following new sub15 sections:

16 ‘‘(b) There is established in the Treasury of the

17 United States an account into which may be deposited

18 funds provided as advance payments pursuant to sub19 section (a).

20 ‘‘(c) The Secretary of State may request the Sec21 retary of the Treasury to invest such portion of the funds

22 deposited in that account as is not, in the judgment of

23 the Secretary of State, required to meet the current needs

24 of the account. Such investments shall be made by the

25 Secretary of the Treasury in public debt securities with

26 maturities suitable to the needs of the account, as deter-
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1 mined by the Secretary of State, and bearing interest at

2 a rate determined by the Secretary of the Treasury, taking

3 into consideration the current market yields on out4 standing marketable obligations of the United States of

5 comparable maturity.’’.

6 SEC. 209. TRAVEL TO GREAT LAKES FISHERIES MEETINGS.

7 Section 4(c) of the Great Lakes Fisheries Act of 1956

8 (16 U.S.C. 933(c)) is amended—

9 (1) by striking ‘‘five’’ and inserting ‘‘ten’’; and

10 (2) by striking ‘‘each’’ and inserting ‘‘the an11 nual’’.

12 SEC. 210. CORRECTION OF FISHERMEN’S PROTECTIVE ACT

13 OF 1967.

14 Section 7(a)(3) of the Fishermen’s Protective Act of

15 1967 (22 U.S.C. 1977(a)(3)) is amended by striking ‘‘Sec16 retary of Commerce’’ and inserting ‘‘Secretary of State’’.

17 SEC. 211. STATE DEPARTMENT RECORDS OF OVERSEAS

18 DEATHS OF UNITED STATES NATIONALS

19 FROM NONNATURAL CAUSES.

20 (a) COLLECTION OF INFORMATION.—The Secretary

21 shall, to the maximum extent practicable, collect, with re22 spect to each foreign country, the following information

23 with respect to each United States national who dies in

24 that country from a nonnatural cause on or after the date

25 of enactment of this Act:
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1 (1) The date of death.

2 (2) The locality where the death occurred (in3 cluding the state or province and municipality, if

4 available).

5 (3) The cause of death, including detailed infor6 mation that would inform the public of the cir7 cumstances of the death, and including, if the death

8 resulted from an act of international terrorism, a

9 statement disclosing that information.

10 (4) Such other information as the Secretary

11 shall prescribe.

12 (b) DATABASE.—The Secretary shall establish and

13 maintain a database containing the information collected

14 under subsection (a).

15 (c) PUBLIC AVAILABILITY OF INFORMATION.—

16 (1) CURRENT INFORMATION.—Beginning July

17 1, 2002, and every 6 months thereafter, the Sec18 retary shall make available, on a country-by-country

19 basis, as part of the consular information sheet pro20 vided on the Internet website of the Department, in21 formation in the database with respect to deaths oc22 curring during the preceding 6-month period or, in

23 the case of the initial disclosure of information, in24 formation in the database with respect to deaths oc25 curring since the date of enactment of this Act.
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1 (2) CUMULATIVE INFORMATION.—In addition

2 to the information required to be made available

3 under paragraph (1), beginning January 1, 2003,

4 and on January 1 of each calendar year thereafter,

5 the Secretary shall make available, on a country-by6 country basis and calendar-year basis, as part of the

7 consular information sheet provided on the Internet

8 website of the Department, a cumulative record of

9 the information in the database with respect to

10 deaths occurring since the date of enactment of this

11 Act, or occurring during the preceding three cal12 endar years, whichever period is shorter.

13 (d) DEFINITIONS.—In this section:

14 (1) DATABASE.—The term ‘‘database’’ means

15 the database established under subsection (b).

16 (2) UNITED STATES NATIONAL.—The term

17 ‘‘United States national’’ means—

18 (A) a citizen of the United States; or

19 (B) a person who, though not a citizen of

20 the United States, owes permanent allegiance to

21 the United States.

22 SEC. 212. UNITED STATES POLICY WITH RESPECT TO JERU23 SALEM AS THE CAPITAL OF ISRAEL.

24 (a) CONGRESSIONAL STATEMENT OF POLICY.—Con25 gress maintains its commitment to relocating the United
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1 States Embassy in Israel to Jerusalem and urges the

2 President, pursuant to the Jerusalem Embassy Act of

3 1995 (Public Law 104–45; 109 Stat. 398), to immediately

4 begin the process of relocating the United States Embassy

5 in Israel to Jerusalem.

6 (b) LIMITATION ON USE OF FUNDS FOR CONSULATE

7 IN JERUSALEM.—None of the funds authorized to be ap8 propriated by this Act may be expended for the operation

9 of a United States consulate or diplomatic facility in Jeru10 salem unless such consulate or diplomatic facility is under

11 the supervision of the United States Ambassador to Israel.

12 (c) LIMITATION ON USE OF FUNDS FOR PUBLICA13 TIONS.—None of the funds authorized to be appropriated

14 by this Act may be available for the publication of any

15 official government document which lists countries and

16 their capital cities unless the publication identifies Jeru17 salem as the capital of Israel.

18 (d) RECORD OF PLACE OF BIRTH AS ISRAEL FOR

19 PASSPORT PURPOSES.—For purposes of the registration

20 of birth, certification of nationality, or issuance of a pass21 port of a United States citizen born in the city of Jeru22 salem, the Secretary shall, upon the request of the citizen

23 or the citizen’s legal guardian, record the place of birth

24 as Israel.
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1 SEC. 213. USE OF FUNDS RECEIVED BY THE INTER2 NATIONAL BOUNDARY AND WATER COMMIS3 SION.

4 Section 5 of the Act entitled ‘‘An Act providing for

5 a study regarding the equitable use of the waters of the

6 Rio Grande below Fort Quitman, Texas, in cooperation

7 with the United States of Mexico’’, approved May 13,

8 1924 (22 U.S.C. 277d) is amended by inserting ‘‘, the

9 North American Development Bank, or the Border Envi10 ronment Cooperation Commission’’ after ‘‘United Mexican

11 States’’.

12 SEC. 214. FEE COLLECTIONS RELATING TO INTERCOUNTRY

13 ADOPTIONS AND AFFIDAVITS OF SUPPORT.

14 (a) ADOPTION FEES.—Section 403(b) of the Inter15 country Adoption Act of 2000 (Public Law 106–279) is

16 amended—

17 (1) in paragraph (2), by adding at the end the

18 following new sentence: ‘‘Such fees shall remain

19 available for obligation until expended.’’; and

20 (2) by striking paragraph (3).

21 (b) AFFIDAVIT OF SUPPORT FEES.—Section 232 of

22 the Admiral James W. Nance and Meg Donovan Foreign

23 Relations Authorization Act, Fiscal Years 2000 and 2001

24 (as enacted into law by section 1000(a)(7) of Public Law

25 106–113 and contained in appendix G of that Act; 113

26 Stat. 1501A–425), is amended—
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1 (1) in subsection (c), by adding at the end the

2 following new sentence: ‘‘Such fees shall remain

3 available for obligation until expended.’’; and

4 (2) by striking subsection (d).

5 Subtitle B—Educational, Cultural,

6 and Public Diplomacy Authorities

7 SEC. 221. ALLOCATION OF FUNDS TRANSFERRED TO THE

8 BUREAU OF EDUCATIONAL AND CULTURAL

9 AFFAIRS.

10 The Mutual Educational and Cultural Exchange Act

11 of 1961 (22 U.S.C. 2451 et seq.) is amended by adding

12 at the end the following new section:

13 ‘‘SEC. 114. ALLOCATION OF FUNDS TRANSFERRED TO THE

14 BUREAU OF EDUCATIONAL AND CULTURAL

15 AFFAIRS.

16 ‘‘Of each amount transferred to the Bureau of Edu17 cational and Cultural Affairs out of appropriations other

18 than appropriations under the heading ‘EDUCATIONAL

19 AND CULTURAL EXCHANGE PROGRAMS’ for support of an

20 educational or cultural exchange program, notwith21 standing any other provision of law, not more than 7.5

22 percent shall be made available to cover administrative ex23 penses incurred in connection with support of the pro24 gram. Amounts made available to cover administrative ex25 penses shall be credited to the appropriations under the
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1 heading ‘EDUCATIONAL AND CULTURAL EXCHANGE PRO2 GRAMS’ and shall remain available until expended.’’.

3 SEC. 222. ACTION PLAN RELATED TO PUBLIC DIPLOMACY

4 ACTIVITIES.

5 Not later than 180 days after the date of enactment

6 of this Act, the Secretary shall submit to the appropriate

7 congressional committees a report containing an action

8 plan for the Department that addresses the following

9 issues:

10 (1) How to integrate public diplomacy policy

11 into overall policy formulation and overall policy im12 plementation.

13 (2) How to achieve closer communication and

14 policy coordination between public diplomacy officers

15 and other officers in the regional bureaus of the De16 partment of State and at overseas posts.

17 (3) How to create channels of direct commu18 nication between the public diplomacy officers in re19 gional bureaus of the Department and the Under

20 Secretary of State for Public Diplomacy.

21 (4) How to minimize any adverse ramifications

22 of public diplomacy officers in country posts report23 ing to the regional bureaus of the Department.
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1 SEC. 223. ADVISORY COMMITTEE ON CULTURAL DIPLO2 MACY.

3 (a) ESTABLISHMENT.—There is established an Advi4 sory Committee on Cultural Diplomacy (in this section re5 ferred to as the ‘‘Advisory Committee’’), which shall be

6 composed of nine members, as follows:

7 (1) The Under Secretary of State for Public Di8 plomacy, who shall serve as Chair.

9 (2) The Assistant Secretary of State for Edu10 cational and Cultural Affairs.

11 (3) Seven members appointed pursuant to sub12 section (c).

13 (b) DUTIES.—The Advisory Committee shall advise

14 the Secretary on programs and policies to advance the use

15 of cultural diplomacy in United States foreign policy. The

16 Advisory Committee shall, in particular, provide advice to

17 the Secretary on—

18 (1) increasing the presentation abroad of the

19 finest of the creative, visual, and performing arts of

20 the United States; and

21 (2) strategies for increasing public-private part22 nerships to sponsor cultural exchange programs that

23 promote the national interests of the United States.

24 (c) APPOINTMENTS.—The members of the Advisory

25 Committee shall be appointed by the Secretary, without

26 regard to political party affiliation, from among distin-
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1 guished Americans with a demonstrated record of achieve2 ment in the creative, visual, and performing arts, or inter3 national affairs. No officer or employee of the United

4 States shall be appointed to the Advisory Committee.

5 (d) TERMS OF SERVICE FOR APPOINTMENTS.—

6 (1) IN GENERAL.—Except as provided in para7 graph (2), members of the Advisory Committee shall

8 be appointed for terms of two years.

9 (2) VACANCIES.—A vacancy in the membership

10 of the Advisory Committee shall be filled in the same

11 manner as provided under this subsection to make

12 the original appointment. A member appointed to fill

13 a vacancy occurring before the expiration of a term

14 shall serve for the remainder of that term. A mem15 ber may continue to serve when his or her term ex16 pires until a successor is appointed. A member may

17 be appointed to a new term upon the expiration of

18 the member’s term.

19 (e) MEETINGS.—A majority of the members of the

20 Advisory Committee shall constitute a quorum. The Advi21 sory Committee shall meet at least twice each year or as

22 frequently as may be necessary to carry out its duties.

23 (f) ADMINISTRATIVE SUPPORT.—The Secretary is

24 authorized to provide the Advisory Committee with nec25 essary administrative support from among the staff of the
33

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1 Bureau of Educational and Cultural Exchanges of the De2 partment.

3 (g) COMPENSATION.—Members of the Advisory Com4 mittee shall be allowed travel expenses, including per diem

5 in lieu of subsistence, at rates authorized for employees

6 of agencies under subchapter I of chapter 57 of title 5,

7 United States Code, while away from their homes or reg8 ular places of business in the performance of services of

9 the Advisory Committee.

10 (h) EXEMPTION FROM FEDERAL ADVISORY COM11 MITTEE ACT.—The Federal Advisory Committee Act shall

12 not apply to the Advisory Committee to the extent that

13 the provisions of this section are inconsistent with that

14 Act.

15 (i) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to the Department such

17 sums as may be necessary to carry out this section.

18 (j) TERMINATION.—The Advisory Committee shall

19 terminate September 30, 2005.

20 SEC. 224. CHINESE LANGUAGE SCHOLARS PROGRAM.

21 (a) PURPOSE.—The purposes of this section are—

22 (1) to recognize excellence in the study of the

23 Chinese language among secondary school students

24 and undergraduate students who are United States

25 citizens residing in the United States or residing
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1 abroad in households where at least one member of

2 the household is a United States Government em3 ployee assigned abroad;

4 (2) to encourage Chinese language study among

5 such students;

6 (3) to cultivate a cadre of United States citi7 zens with Chinese language ability who might qualify

8 for national security, diplomatic, or other important

9 Government employment; and

10 (4) to promote greater understanding and dia11 logue between the United States and China includ12 ing Chinese appreciation for United States values

13 and institutions.

14 (b) ESTABLISHMENT OF PROGRAM.—

15 (1) IN GENERAL.—The President is authorized

16 to establish an incentive awards program, to be

17 known as the ‘‘Chinese Language Scholar Program’’

18 (in this section referred to as the ‘‘program’’), to

19 carry out the purposes of this section.

20 (2) DESCRIPTION OF PROGRAM.—The President

21 shall make awards under the program to qualifying

22 students and shall prescribe the design of any award

23 made under the program. The award may include a

24 stipend or other cash payment, except that the
35

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1 award of any such payment shall be subject to the

2 availability of appropriations.

3 (3) SELECTION OF AWARD RECIPIENTS.—The

4 President shall prescribe the procedures for identi5 fying and considering students eligible for awards

6 under the program and for selecting the award re7 cipients, except that, with respect to each academic

8 year beginning after the date of enactment of this

9 Act, not less than one eligible secondary student and

10 not less that one eligible undergraduate student shall

11 be selected from each State of the United States.

12 (4) ELIGIBILITY FOR AWARDS.—A student is

13 eligible for an award under the program if the

14 student—

15 (A) has submitted an application to the

16 President at such time, in such manner, and

17 containing such information as the President

18 may reasonably require;

19 (B) has demonstrated academic excellence

20 in the mastery or study of the Chinese lan21 guage; and

22 (C) is a secondary school student or under23 graduate student who is a United States cit24 izen.

25 (c) DEFINITIONS.—In this section:
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1 (1) PRESIDENT.—The term ‘‘President’’ means

2 the President, acting through the Secretary.

3 (2) STATE.—The term ‘‘State’’ means any

4 State of the United States, the District of Columbia,

5 the Commonwealth of Puerto Rico, the Common6 wealth of the Northern Mariana Islands, the United

7 States Virgin Islands, Guam, American Samoa, or

8 any other territory of the United States.

9 SEC. 225. ALLOCATION OF FUNDS FOR AMERICAN COR10 NERS IN THE RUSSIAN FEDERATION.

11 (a) FINDING.—Congress finds that joint ventures

12 with host libraries in the Russian Federation known as

13 ‘‘American Corners’’ are an effective means—

14 (1) to provide information about United States

15 history, government, society, and values;

16 (2) to provide access to computers and the

17 Internet; and

18 (3) to leverage United States assistance and ex19 change programs in the Russian Federation.

20 (b) ALLOCATION OF FUNDS.—Of the amounts au21 thorized to be appropriated by section 101(1)(A) for the

22 fiscal years 2002 and 2003, $500,000 is authorized to be

23 available each such fiscal year for ‘‘American Corner’’ cen24 ters operating in the Russian Federation.
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1 SEC. 226. CONFORMING AMENDMENTS.

2 Section 112(g) of the Mutual Educational and Cul3 tural Exchange Act of 1961 (22 U.S.C. 2460(g)) is

4 amended—

5 (1) in paragraph (1), by striking ‘‘United

6 States Information Agency’’ and inserting ‘‘Depart7 ment of State’’;

8 (2) in paragraph (3)—

9 (A) in subparagraph (A), by striking

10 ‘‘United States Information Agency’’ and in11 serting ‘‘Department of State’’;

12 (B) by striking subparagraph (B); and

13 (C) by redesignating subparagraphs (C),

14 (D), (E), (F), and (G) as subparagraphs (B),

15 (C), (D), (E), and (F), respectively;

16 (3) in paragraph (5), by striking ‘‘United

17 States Information Agency’’ and inserting ‘‘Depart18 ment of State’’;

19 (4) in paragraph (6)(G), by striking ‘‘United

20 States Information Agency’’ and inserting ‘‘Depart21 ment of State’’; and

22 (5) in paragraph (7), by striking ‘‘Director of

23 the United States Information Agency’’ and insert24 ing ‘‘Secretary of State, acting through the Under

25 Secretary of State for Public Diplomacy’’.
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1 Subtitle C—Consular Authorities

2 SEC. 231. MACHINE READABLE VISAS.

3 The first sentence of section 140(a)(3) of the Foreign

4 Relations Authorization Act, Fiscal Years 1994 and 1995

5 (8 U.S.C. 1351 note) is amended—

6 (1) by striking ‘‘2001, and 2002,’’ and insert7 ing ‘‘2001, 2002, and 2003,’’; and

8 (2) by striking ‘‘and $316,715,000 for fiscal

9 year 2002’’ and inserting ‘‘$420,000,000 for fiscal

10 year 2002, and $460,000,000 for fiscal year 2003’’.

11 SEC. 232. CONSULAR FEES.

12 No fee shall be charged by the Secretary for any no13 tarial act or authentication performed by a United States

14 consular officer or agent, or by the Bureau of Consular

15 Affairs, when such notarial act or authentication will fa16 cilitate an inter-country adoption undertaken by a United

17 States citizen. For purposes of this section, the Secretary

18 shall construe the term ‘‘facilitate’’ broadly.

19 SEC. 233. REPORT ON VISA ISSUANCE TO INADMISSIBLE

20 ALIENS.

21 Section 51(a) of the State Department Basic Au22 thorities Act of 1956 (22 U.S.C. 2723(a)) is amended—

23 (1) by inserting ‘‘(1) DENIAL OF VISAS.—’’ be24 fore ‘‘The Secretary’’; and

25 (2) by adding at the end the following:
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1 ‘‘(2) VISA ISSUANCE TO INADMISSIBLE

2 ALIENS.—The Secretary shall, on a semiannual

3 basis, submit to the appropriate committees of Con4 gress a report describing every instance during the

5 period covered by the report in which a consular

6 post or the Visa Office of the Department of State

7 issued an immigrant or nonimmigrant visa to an

8 alien who is inadmissible to the United States based

9 upon terrorist activity or failed to object to the

10 issuance of an immigrant or nonimmigrant visa to

11 an alien notwithstanding any such ground of inad12 missibility. The report shall set forth the name and

13 nationality of the alien, the issuing post, and a brief

14 factual statement of the basis for issuance of the

15 visa or the failure to object. The report may be

16 transmitted in classified or unclassified form.’’.

17 SEC. 234. DENIAL OF ENTRY INTO UNITED STATES OF CHI18 NESE AND OTHER NATIONALS ENGAGED IN

19 COERCED ORGAN OR BODILY TISSUE TRANS20 PLANTATION.

21 (a) DENIAL OF ENTRY.—Notwithstanding any other

22 provision of law and except as provided in subsection (b),

23 the Secretary may not issue any visa to, and the Attorney

24 General may not admit to the United States, any person

25 whom the Secretary finds, based on credible and specific
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1 information, to have been directly involved with the coer2 cive transplantation of human organs or bodily tissue, un3 less the Secretary has substantial grounds for believing

4 that the foreign national has discontinued his or her in5 volvement with, and support for, such practices.

6 (b) EXCEPTION.—The prohibitions in subsection (a)

7 do not apply to an applicant who is a head of state, head

8 of government, or cabinet-level minister.

9 (c) WAIVER.—The Secretary may waive the prohibi10 tions in subsection (a) with respect to a foreign national

11 if the Secretary—

12 (1) determines that it is important to the na13 tional interest of the United States to do so; and

14 (2) provides written notification to the appro15 priate congressional committees containing a jus16 tification for the waiver.

17 Subtitle D—Migration and

18 Refugees

19 SEC. 241. UNITED STATES MEMBERSHIP IN THE INTER20 NATIONAL ORGANIZATION FOR MIGRATION.

21 Section 2(a) of the Migration and Refugee Assistance

22 Act of 1962 (22 U.S.C. 2601(a)) is amended to read as

23 follows:

24 ‘‘(a)(1) The President is authorized to continue mem25 bership for the United States in the International Organi-
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1 zation for Migration in accordance with the constitution

2 of such organization approved in Venice, Italy, on October

3 19, 1953, as amended in Geneva, Switzerland, on Novem4 ber 24, 1998, upon entry into force of such amendments.

5 ‘‘(2) For the purpose of assisting in the movement

6 of refugees and migrants, there are authorized to be ap7 propriated to the President such amounts as may be nec8 essary from time to time for payment by the United States

9 of its contributions to the International Organization for

10 Migration and all necessary salaries and expenses inci11 dental to United States participation in such organiza12 tion.’’.

13 SEC. 242. UNITED STATES POLICY REGARDING THE INVOL14 UNTARY RETURN OF REFUGEES.

15 (a) IN GENERAL.—None of the funds made available

16 under this Act or under section 2(c) of the Migration and

17 Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall

18 be available to effect the involuntary return by the United

19 States of any person to a country in which the person has

20 a well-founded fear of persecution on account of race, reli21 gion, nationality, membership in a particular social group,

22 or political opinion, except on grounds recognized as pre23 cluding protection as a refugee under the United Nations

24 Convention Relating to the Status of Refugees of July 28,

25 1951, and the Protocol Relating to the Status of Refugees
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1 of January 31, 1967, subject to the reservations contained

2 in the United States Senate resolution of ratification to

3 the Protocol.

4 (b) MIGRATION AND REFUGEE ASSISTANCE.—None

5 of the funds made available under this Act or under sec6 tion 2(c) of the Migration and Refugee Assistance Act of

7 1962 (22 U.S.C. 2601(c)) shall be available to effect the

8 involuntary return of any person to any country unless

9 the Secretary first notifies the appropriate congressional

10 committees, except that, in the case of an emergency in11 volving a threat to human life, the Secretary shall notify

12 the appropriate congressional committees as soon as prac13 ticable.

14 (c) INVOLUNTARY RETURN DEFINED.—In this sec15 tion, the term ‘‘to effect the involuntary return’’ means

16 to require, by means of physical force or circumstances

17 amounting to a threat thereof, a person to return to a

18 country against the person’s will, regardless of whether

19 the person is physically present in the United States and

20 regardless of whether the United States acts directly or

21 through an agent.
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1 TITLE III—ORGANIZATION AND

2 PERSONNEL OF THE DEPART3 MENT OF STATE

4 Subtitle A—Organizational Matters

5 SEC. 301. COMPREHENSIVE WORKFORCE PLAN.

6 (a) WORKFORCE PLAN.—Not later than 180 days

7 after the date of the enactment of this Act, the Secretary

8 shall submit to the appropriate congressional committees

9 a comprehensive workforce plan for the Department for

10 the fiscal years 2002 through 2006. The plan shall con11 sider personnel needs in both the civil service and the For12 eign Service and expected domestic and overseas personnel

13 allocations. The workforce plan should set forth—

14 (1) the detailed mission of the Department;

15 (2) the definition of work to be done;

16 (3) a description of cyclical personnel needs

17 based on expected retirements and attrition; and

18 (4) a statement of the time required to hire,

19 train, and deploy new personnel.

20 (b) DOMESTIC STAFFING MODEL.—Not later than

21 one year after the date of the enactment of this Act, the

22 Secretary shall compile and submit to the appropriate con23 gressional committees a domestic staffing model for the

24 Department.
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1 SEC. 302. ‘‘RIGHTSIZING’’ OVERSEAS POSTS.

2 (a) ‘‘RIGHTSIZING’’ AT THE DEPARTMENT.—

3 (1) ESTABLISHMENT OF TASK FORCE.—The

4 Secretary shall establish a task force within the De5 partment on the issue of ‘‘rightsizing’’ overseas

6 posts.

7 (2) PRELIMINARY REPORT.—Not later than 60

8 days after the date of the enactment of this Act, the

9 Secretary shall submit to the appropriate congres10 sional committees a report that outlines the status,

11 plans, and activities of the task force. In addition to

12 such other information as the Secretary considers

13 appropriate, the report shall include the following:

14 (A) The objectives of the task force.

15 (B) Measures for achieving the objectives

16 under subparagraph (A).

17 (C) An identification of the official of the

18 Department with primary responsibility for the

19 issue of ‘‘rightsizing’’.

20 (D) The plans of the Department for the

21 reallocation of staff and resources based on

22 changing needs at overseas posts and in the

23 metropolitan Washington, D.C., area.

24 (3) PERIODIC REPORTS.—Not later than 6

25 months after the date of the enactment of this Act,

26 and every 6 months thereafter during the fiscal
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1 years 2002 and 2003, the Secretary shall submit to

2 the appropriate congressional committees a report

3 reviewing the activities and progress of the task

4 force established under paragraph (1).

5 (b) INTERAGENCY WORKING GROUP.—

6 (1) ESTABLISHMENT.—The Secretary shall es7 tablish an interagency working group on the issue of

8 ‘‘rightsizing’’ the overseas presence of the United

9 States Government.

10 (2) PRELIMINARY REPORT.—Not later than 60

11 days after the date of the enactment of this Act, the

12 Secretary shall submit to the appropriate congres13 sional committees a report that outlines the status,

14 plans, and activities of the interagency working

15 group. In addition to such other information as the

16 Secretary considers appropriate, the report shall in17 clude the following:

18 (A) A description of the objectives of the

19 working group.

20 (B) A description of the measures nec21 essary for achieving the objectives under sub22 paragraph (A).

23 (C) An identification of the official within

24 each agency who has primary responsibility for

25 the issue of ‘‘rightsizing’’.
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1 (3) PERIODIC REPORTS.—Not later than 6

2 months after the date of the enactment of this Act,

3 and every 6 months thereafter during the fiscal

4 years 2002 and 2003, the Secretary shall submit to

5 the appropriate congressional committees a report

6 reviewing the activities and progress of the working

7 group established under paragraph (1).

8 SEC. 303. ELIMINATION OF POSITION OF DEPUTY SEC9 RETARY OF STATE FOR MANAGEMENT AND

10 RESOURCES.

11 (a) ELIMINATION OF POSITION.—Section 1(a)(2) of

12 the State Department Basic Authorities Act of 1956 (22

13 U.S.C. 2651a(a)(2)) is amended by striking ‘‘, the Deputy

14 Secretary of State, and the Deputy Secretary of State for

15 Management and Resources’’ and inserting ‘‘and the Dep16 uty Secretary of State’’.

17 (b) CONFORMING AMENDMENT.—Section 5313 of

18 title 5, United States Code, is amended by striking the

19 following:

20 ‘‘Deputy Secretary of State for Management

21 and Resources.’’.
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1 Subtitle B—Personnel Matters

2 SEC. 311. THOMAS JEFFERSON STAR FOR FOREIGN SERV3 ICE.

4 Section 36A of the State Department Basic Authori5 ties Act of 1956 (22 U.S.C. 2708a) is amended—

6 (1) in the section heading, by striking ‘‘FOR7 EIGN SERVICE STAR’’ and inserting ‘‘THOMAS

8 JEFFERSON STAR FOR FOREIGN SERVICE’’; and

9 (2) by striking ‘‘Foreign Service star’’ each

10 place it appears and inserting ‘‘Thomas Jefferson

11 Star for Foreign Service’’.

12 SEC. 312. PRESIDENTIAL RANK AWARDS.

13 (a) COMPARABLE TO PAYMENTS TO MERITORIOUS

14 EXECUTIVES AND DISTINGUISHED EXECUTIVES.—Sec15 tion 405(b)(3) of the Foreign Service Act of 1980 (22

16 U.S.C. 3965(b)(3)) is amended by striking the second sen17 tence and inserting ‘‘Payments under this paragraph to

18 a member of the Senior Foreign Service may not exceed,

19 in any fiscal year, the percentage of basic pay established

20 under section 4507(e)(1) of title 5, United States Code,

21 for a Meritorious Executive, except that payments of the

22 percentage of the basic pay established under section

23 4507(e)(2) of such title for Distinguished Executives may

24 be made in any fiscal year to up to 1 percent of the mem25 bers of the Senior Foreign Service.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall take effect October 1, 2001.

3 SEC. 313. CLARIFICATION OF SEPARATION FOR CAUSE.

4 (a) IN GENERAL.—Section 610(a) of the Foreign

5 Service Act of 1980 (22 U.S.C. 4010(a)) is amended—

6 (1) in paragraph (1), by inserting ‘‘decide to’’

7 after ‘‘may’’; and

8 (2) by striking paragraphs (2), (3), (4), (5),

9 and (6) and inserting the following:

10 ‘‘(2)(A) Except as provided in subparagraph (B),

11 whenever the Secretary decides under paragraph (1) to

12 separate, on the basis of misconduct, any member of the

13 Service (other than a United States citizen employed

14 under section 311 of the Foreign Service Act of 1980 who

15 is not a family member) who either—

16 ‘‘(i) is serving under a career appointment; or

17 ‘‘(ii) is serving under a limited appointment,

18 the member may not be separated from the Service until

19 the member receives a hearing before the Foreign Service

20 Grievance Board and the Board decides that cause for

21 separation has been established, unless the member

22 waives, in writing, the right to such a hearing, or the

23 member’s appointment has expired, whichever is sooner.

24 ‘‘(B) The right to a hearing in subparagraph (A) does

25 not apply in the case of an individual who has been con-
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1 victed of a crime for which a sentence of imprisonment

2 of more than one year may be imposed.

3 ‘‘(3) If the Board decides that cause for separation

4 has not been established, the Board may direct the De5 partment to pay reasonable attorneys fees to the extent

6 and in the manner provided by section 1107(b)(5). The

7 hearing provided under this paragraph shall be conducted

8 in accordance with the hearing procedures applicable to

9 grievances under section 1106 and shall be in lieu of any

10 other administrative procedure authorized or required by

11 this or any other Act. Section 1110 shall apply to pro12 ceedings under this paragraph.

13 ‘‘(4) Notwithstanding the hearing required by para14 graph (2), at the time that the Secretary decides to sepa15 rate a member of the Service for cause, the member shall

16 be placed on leave without pay. If the member does not

17 waive the right to a hearing, and the Board decides that

18 cause for separation has not been established, the member

19 shall be reinstated with back pay.’’.

20 (b) CONFORMING AMENDMENTS.—Section 1106(8)

21 of the Foreign Service Act of 1980 (22 U.S.C. 4136(8))

22 is amended—

23 (1) in the first sentence—

24 (A) by striking ‘‘the involuntary separation

25 of the grievant,’’; and
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1 (B) by striking ‘‘grievant, or’’ and insert2 ing ‘‘grievant or’’; and

3 (2) by striking the last sentence.

4 SEC. 314. FAMILY VISITATION TRAVEL FOR DEPENDENTS.

5 Section 901(8) of the Foreign Service Act of 1980

6 (22 U.S.C. 4081(8)) is amended by inserting ‘‘, and mem7 bers of his or her family,’’ after ‘‘Service’’.

8 SEC. 315. HEALTH EDUCATION AND DISEASE PREVENTION

9 PROGRAMS.

10 Section 904(b) of the Foreign Service Act of 1980

11 (22 U.S.C. 4084(b)) is amended by striking ‘‘families, and

12 (3)’’ and inserting ‘‘families, (3) health education and dis13 ease prevention programs for all employees, and (4)’’.

14 SEC. 316. CORRECTION OF TIME LIMIT FOR GRIEVANCE

15 FILING.

16 Section 1104(a) of the Foreign Service Act of 1980

17 (22 U.S.C. 4134(a)) is amended in the first sentence by

18 striking ‘‘but in no case less than two years’’ and inserting

19 ‘‘but in no case more than three years’’.

20 SEC. 317. TRAINING AUTHORITIES.

21 Section 2205 of the Foreign Affairs Reform and Re22 structuring Act of 1998 (as enacted by division G of Pub23 lic Law 105–277; 112 Stat. 2681–809) is amended—

24 (1) in the section heading, by striking

25 ‘‘PILOT’’.
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1 (2) by striking subsection (a)(3); and

2 (3) in subsection (c), by striking ‘‘(c) REPORT3 ING ON PILOT PROGRAM.—Two years after the date

4 of enactment of this Act,’’ and inserting ‘‘(c) RE5 PORTING ON PROGRAM.—Not later than February 1

6 of each even-numbered calendar year,’’.

7 SEC. 318. UNACCOMPANIED AIR BAGGAGE.

8 Section 5924(4)(B) of title 5, United States Code,

9 is amended by inserting after the first sentence the fol10 lowing: ‘‘At the election of the employee, in lieu of the

11 transportation of the baggage of a dependent from the de12 pendent’s school, the costs incurred to store the baggage

13 at or in the vicinity of the school during the dependent’s

14 annual trip between the school and the employee’s duty

15 station may be paid or reimbursed to the employee, except

16 that the amount of the payment or reimbursement may

17 not exceed the cost that the Government would incur to

18 transport the baggage.’’.

19 SEC. 319. EMERGENCY MEDICAL ADVANCE PAYMENTS.

20 Section 5927(a)(3) of title 5, United States Code, is

21 amended to read as follows:

22 ‘‘(3) to an employee compensated pursuant to

23 section 408 of the Foreign Service Act of 1980,

24 who—
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1 ‘‘(A) pursuant to United States Govern2 ment authorization is located outside the coun3 try of employment; and

4 ‘‘(B) requires medical treatment outside

5 the country of employment in circumstances

6 specified by the President in regulations.’’.

7 SEC. 320. RETIREMENT CREDIT FOR CERTAIN GOVERN8 MENT SERVICE PERFORMED ABROAD.

9 (a) RETIREMENT CREDIT FOR CERTAIN GOVERN10 MENT SERVICE PERFORMED ABROAD.—Subject to sub11 section (b)(1), credit under chapter 84 of title 5, United

12 States Code, shall be allowed for any service performed

13 by an individual if or to the extent that—

14 (1) it was performed by such individual—

15 (A) after December 31, 1988, and before

16 May 24, 1998;

17 (B) at a United States diplomatic mission,

18 consular post (other than a consular agency), or

19 other Foreign Service post abroad; and

20 (C) under a temporary appointment pursu21 ant to sections 309 and 311 of the Foreign

22 Service Act of 1980 (22 U.S.C. 3949 and

23 3951);

24 (2) at the time of performing such service, such

25 individual would have satisfied all eligibility require-
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1 ments under regulations of the Department (as in

2 effect on the date of the enactment of this Act) for

3 a family member limited noncareer appointment

4 (within the meaning of such regulations, as in effect

5 on such date of enactment), except that, in applying

6 this paragraph, an individual not employed by the

7 Department while performing such service shall be

8 treated as if then so employed;

9 (3) such service would have been creditable

10 under section 8411(b)(3) of such title 5 if—

11 (A) the service had been performed before

12 January 1, 1989; and

13 (B) the deposit requirements of section

14 8411(f) of such title 5 had been met with re15 spect to such service;

16 (4) such service would not otherwise be cred17 itable under the Federal Employees’ Retirement Sys18 tem or any other retirement system for employees of

19 the United States Government (disregarding title II

20 of the Social Security Act); and

21 (5) the total amount of service performed by

22 such individual (satisfying paragraphs (1) through

23 (4)) is not less than 90 days.

24 (b) REQUIREMENTS.—
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1 (1) REQUIREMENTS OF THE INDIVIDUAL.—In

2 order to receive credit under chapter 84 of title 5,

3 United States Code, for any service described in sub4 section (a), the individual who performed such serv5 ice (or, if deceased, any person who is or would be

6 eligible for a survivor annuity under the Federal

7 Employees’ Retirement System based on the service

8 of such individual)—

9 (A) shall file a written application with the

10 Office of Personnel Management not later than

11 36 months after the effective date of the regula12 tions prescribed to carry out this section (as

13 specified in those regulations); and

14 (B) shall remit to the Office (for deposit in

15 the Treasury of the United States to the credit

16 of the Civil Service Retirement and Disability

17 Fund) the total amount that, under section

18 8422 of such title 5, should have been deducted

19 from the basic pay of such individual for such

20 service if such service had then been creditable

21 under such chapter 84.

22 (2) GOVERNMENT CONTRIBUTIONS.—

23 (A) IN GENERAL.—In addition to any

24 other payment that it is required to make under

25 chapter 84 of title 5, United States Code, a de-
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1 partment, agency, or other instrumentality of

2 the United States shall remit to the Office of

3 Personnel Management (for deposit in the

4 Treasury of the United States to the credit of

5 the Fund) the amount described in subpara6 graph (B).

7 (B) AMOUNT DESCRIBED.—The amount

8 described in this subparagraph is, with respect

9 to a remittance under paragraph (1), the total

10 amount of Government contributions that

11 would, under section 8423 of title 5, United

12 States Code, have been required of the instru13 mentality involved (to the extent that it was the

14 employing entity during the period of service to

15 which such remittance relates) in connection

16 with such service.

17 (C) SPECIAL RULE.—If an amount cannot

18 be remitted under this paragraph because an

19 instrumentality has ceased to exist, such

20 amount shall instead be treated as part of the

21 supplemental liability referred to in section

22 8423(b)(1) (A) or (B) of title 5, United States

23 Code (whichever would be appropriate).

24 (3) RELATED REQUIREMENTS.—Any remittance

25 under paragraph (1) or (2)—
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1 (A) shall be made in such time, form, and

2 manner as the Office of Personnel Management

3 may by regulation require; and

4 (B) shall be computed with interest (in ac5 cordance with section 8334(e) of title 5, United

6 States Code, and such requirements as the Of7 fice may by regulation prescribe).

8 (4) NOTIFICATION AND ASSISTANCE REQUIRE9 MENTS.—

10 (A) IN GENERAL.—The Office of Personnel

11 Management shall take such action as may be

12 necessary and appropriate to inform individuals

13 entitled to have any service credited under this

14 section, or to have any annuity computed or re15 computed under this section, of their entitle16 ment to such credit, computation, or recompu17 tation.

18 (B) ASSISTANCE TO INDIVIDUALS.—The

19 Office shall, on request, assist any individual

20 referred to in subparagraph (A) in obtaining

21 from any department, agency, or other instru22 mentality of the United States such information

23 in the possession of such instrumentality as

24 may be necessary to verify the entitlement of

25 such individual to have any service credited, or
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1 to have any annuity computed or recomputed,

2 pursuant to this section.

3 (C) ASSISTANCE FROM INSTRUMENTAL4 ITIES.—Any department, agency, or other in5 strumentality of the United States that pos6 sesses any information with respect to any serv7 ice described in subsection (a) shall, at the re8 quest of the Office, furnish such information to

9 the Office.

10 (c) DEFINITIONS.—In this section:

11 (1) ABROAD.—The term ‘‘abroad’’ has the

12 meaning given such term under section 102 of the

13 Foreign Service Act of 1980 (22 U.S.C. 3902).

14 (2) BASIC PAY.—The term ‘‘basic pay’’ has the

15 meaning given such term under section 8401 of title

16 5, United States Code.

17 (3) CIVIL SERVICE RETIREMENT AND DIS18 ABILITY FUND.—The term ‘‘Civil Service Retirement

19 and Disability Fund’’ or ‘‘Fund’’ means the Civil

20 Service Retirement and Disability Fund under sec21 tion 8348 of title 5, United States Code.

22 (4) TEMPORARY APPOINTMENT.—The term

23 ‘‘temporary appointment’’ means an appointment

24 that is limited by its terms to a period of one year

25 or less.
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1 (d) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be considered to permit or require the making

3 of any contributions to the Thrift Savings Fund that

4 would not otherwise have been permitted or required had

5 this section not been enacted.

6 (e) APPLICABILITY.—

7 (1) ANNUITIES COMMENCING ON OR AFTER EF8 FECTIVE DATE OF IMPLEMENTING REGULATIONS.—

9 An annuity or survivor annuity—

10 (A) which is based on the service of an in11 dividual who performed service described in

12 subsection (a), and

13 (B) which commences on or after the effec14 tive date of the regulations prescribed to carry

15 out this section (as determined under sub16 section (b)(1)(A)),

17 shall (subject to subsection (b)(1)) be computed tak18 ing into account all service described in subsection

19 (a) that was performed by such individual.

20 (2) ANNUITIES WITH COMMENCEMENT DATE

21 PRECEDING EFFECTIVE DATE OF IMPLEMENTING

22 REGULATIONS.—

23 (A) RECOMPUTATION CASES.—An annuity

24 or survivor annuity—
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1 (i) which is based on the service of an

2 individual who performed service described

3 in subsection (a), and

4 (ii) which commences before the effec5 tive date referred to in paragraph (1)(B),

6 shall (subject to subsection (b)(1)) be recom7 puted taking into account all service described

8 in subsection (a) that was performed by such

9 individual.

10 (B) OTHER CASES.—An annuity or sur11 vivor annuity—

12 (i) which is based on the service of an

13 individual who performed service described

14 in subsection (a),

15 (ii) the requirements for entitlement

16 to which could not be met without taking

17 into account service described in subsection

18 (a), and

19 (iii) which (if service described in sub20 section (a) had been taken into account,

21 and an appropriate application been sub22 mitted) would have commenced before the

23 effective date referred to in paragraph

24 (1)(B),
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1 shall (subject to subsection (b)(1)) be computed

2 taking into account all service described in sub3 section (a) that was performed by such indi4 vidual.

5 (C) RETROACTIVE EFFECT.—Any com6 putation or recomputation of an annuity or sur7 vivor annuity pursuant to this paragraph

8 shall—

9 (i) if pursuant to subparagraph (A),

10 be effective as of the commencement date

11 of the annuity or survivor annuity involved;

12 and

13 (ii) if pursuant to subparagraph (B),

14 be effective as of the commencement date

15 that would have applied if application for

16 the annuity or survivor annuity involved

17 had been submitted on the earliest date

18 possible in order for it to have been ap19 proved.

20 (D) LUMP-SUM PAYMENT.—Any amounts

21 which by virtue of subparagraph (C) are pay22 able for any months preceding the first month

23 (on or after the effective date referred to in

24 paragraph (1)(B)) as of which annuity or sur25 vivor annuity payments become payable fully re-
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1 flecting the computation or recomputation

2 under subparagraph (A) or (B) (as the case

3 may be) shall be payable in the form of a lump4 sum payment.

5 (E) ORDER OF PRECEDENCE.—Section

6 8424(d) of title 5, United States Code, shall

7 apply in the case of any payment under sub8 paragraph (D) payable to an individual who has

9 died.

10 (f) IMPLEMENTATION.—The Office of Personnel

11 Management, in consultation with the Secretary, shall pre12 scribe such regulations and take such action as may be

13 necessary and appropriate to implement this section.

14 SEC. 321. COMPUTATION OF FOREIGN SERVICE RETIRE15 MENT ANNUITIES AS IF WASHINGTON, D.C.,

16 LOCALITY-BASED COMPARABILITY PAY17 MENTS WERE MADE TO OVERSEAS STA18 TIONED FOREIGN SERVICE MEMBERS.

19 (a) FOREIGN SERVICE RETIREMENT AND DIS20 ABILITY SYSTEM.—

21 (1) COMPUTATION OF ANNUITIES.—Section

22 806(a) of the Foreign Service Act of 1980 (22

23 U.S.C. 4046(a)) is amended by adding at the end

24 the following new paragraph:
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1 ‘‘(9) For purposes of any annuity computation under

2 this subsection, the basic salary or basic pay of any mem3 ber of the Service whose official duty station is outside

4 the continental United States shall be considered to be the

5 salary or pay that would have been paid to the member

6 had the member’s official duty station been Washington,

7 D.C., including locality-based comparability payments

8 under section 5304 of title 5, United States Code, that

9 would have been payable to the member if the member’s

10 official duty station had been Washington, D.C.’’.

11 (2) GOVERNMENT CONTRIBUTIONS AND INDI12 VIDUAL DEDUCTIONS AND WITHHOLDINGS.—Section

13 805(a) of the Foreign Service Act of 1980 (22

14 U.S.C. 4045(a)) is amended—

15 (A) in paragraph (1)—

16 (i) in the first sentence, by striking

17 ‘‘7’’ and inserting ‘‘7.25’’; and

18 (ii) in the second sentence, by striking

19 ‘‘An equal amount shall be contributed by

20 the Department’’ and inserting ‘‘The con21 tribution by the employing agency shall be

22 a percentage of basic salary equal to the

23 percentage in effect under section

24 7001(d)(1) of the Balanced Budget Act of

25 1997 (Public Law 105–33), and section
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1 505(h) of the Department of Transpor2 tation and Related Agencies Appropria3 tions Act, 2001 (Public Law 106–346),

4 plus .25 percent of basic salary, and shall

5 be made’’;

6 (B) in paragraph (2)—

7 (i) in subparagraph (A), by inserting

8 at the end of the first sentence ‘‘, plus an

9 amount equal to .25 percent of basic pay’’;

10 and

11 (ii) in subparagraph (B), by inserting

12 at the end of the first sentence ‘‘, plus an

13 amount equal to .25 percent of basic pay’’;

14 (C) in paragraphs (1) and (2), by striking

15 ‘‘Department’’ each place it appears and insert16 ing ‘‘employing agency’’; and

17 (D) in paragraph (3), by inserting at the

18 end of the first sentence ‘‘, plus .25 percent’’.

19 (b) FOREIGN SERVICE PENSION SYSTEM.—

20 (1) COMPUTATION OF ANNUITIES.—Section

21 855(a) of the Foreign Service Act of 1980 (22

22 U.S.C. 4071d(a)) is amended by adding at the end

23 the following new paragraph:

24 ‘‘(3) For purposes of any annuity computation under

25 this subsection, the average pay (as used in section 8414
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1 of title 5, United States Code) of any member of the Serv2 ice whose official duty station is outside the continental

3 United States shall be considered to be the salary that

4 would have been paid to the member had the member’s

5 official duty station been Washington, D.C., including lo6 cality-based comparability payments under section 5304

7 of title 5, United States Code, that would have been pay8 able to the member if the member’s official duty station

9 had been Washington, D.C.’’.

10 (2) INDIVIDUAL DEDUCTIONS AND

11 WITHHOLDINGS.—Section 856(a)(2) of the Foreign

12 Service Act of 1980 (22 U.S.C. 4071e(a)(2)) is

13 amended by striking:

‘‘7.5 ..................................................... After December 31, 2000.’’

14 and inserting the following:

‘‘7.75 ................................................... After December 31, 2001.’’.

15 (c) EFFECTIVE DATES.—

16 (1) COMPUTATION OF ANNUITIES.—The

17 amendments made by subsections (a)(1) and (b)(1)

18 shall apply to service performed on or after the first

19 day of the first pay period beginning on or after the

20 date that is 90 days after the date of enactment of

21 this Act.

22 (2) GOVERNMENT CONTRIBUTIONS AND INDI23 VIDUAL DEDUCTIONS AND WITHHOLDINGS.—The
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1 amendments made by subsections (a)(2) and (b)(2)

2 shall take effect with the first pay period beginning

3 on or after the date that is 90 days after the date

4 of enactment of this Act.

5 SEC. 322. PLAN FOR IMPROVING RECRUITMENT OF VET6 ERANS INTO THE FOREIGN SERVICE.

7 (a) IN GENERAL.—Not later than 180 days after the

8 date of enactment of this Act, the Secretary shall submit

9 to the appropriate congressional committees a report con10 taining a plan for the Department of State to improve the

11 recruitment of veterans to serve as candidates for the ca12 reer Foreign Service. The plan shall include—

13 (1) funding;

14 (2) personnel issues relevant to such recruit15 ment efforts; and

16 (3) improving coordination between the Depart17 ment and the Departments of Defense, Transpor18 tation, and Veterans Affairs in promoting the ap19 pointment of candidates for the career Foreign Serv20 ice among veterans.

21 (b) DEFINITION.—In this section, the term ‘‘vet22 erans’’ has the meaning given that term in section 101(2)

23 of title 38, United States Code.
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1 TITLE IV—INTERNATIONAL

2 ORGANIZATIONS

3 SEC. 401. PAYMENT OF SECOND INSTALLMENT OF ARREAR4 AGES.

5 (a) IN GENERAL.—Section 931(b)(2) of the Admiral

6 James W. Nance and Meg Donovan Foreign Relations Au7 thorization Act, Fiscal Years 2000 and 2001 (as enacted

8 into law by section 1000(a)(7) of Public Law 106–113 and

9 contained in appendix G of that Act; 113 Stat. 1501A–

10 480) is amended by striking ‘‘25 percent’’ and inserting

11 ‘‘28.15 percent’’.

12 (b) CONFORMING AMENDMENT.—The undesignated

13 paragraph under the heading ‘‘ARREARAGE PAYMENTS’’ in

14 title IV of the Departments of Commerce, Justice, and

15 State, the Judiciary, and Related Agencies Appropriations

16 Act, 1999 (as contained in section 101(b) of division A

17 of the Omnibus Consolidated and Emergency Supple18 mental Appropriations Act, 1999; 112 Stat. 2681–96) is

19 amended by striking ‘‘25 percent’’ and inserting ‘‘28.15

20 percent’’.

21 SEC. 402. PAYMENT OF THIRD INSTALLMENT OF ARREAR22 AGES.

23 (a) IN GENERAL.—The United Nations Reform Act

24 of 1999 (title IX of division A of H.R. 3427, as enacted
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1 into law by section 1000(a)(7) of Public Law 106–113;

2 appendix G; 113 Stat. 1501A–475) is amended as follows:

3 (1) Section 912(b)(3) is amended by striking

4 ‘‘, upon the certification described in section 941’’

5 and inserting the following: ‘‘upon a certification de6 scribed in section 941 with respect to the United

7 Nations or a particular designated specialized agen8 cy, and immediately with respect to organizations to

9 which none of the conditions in section 941(b)

10 apply’’.

11 (2) Section 941(a)(2) is amended—

12 (A) by striking ‘‘also’’;

13 (B) by striking ‘‘in subsection (b)(4)’’ both

14 places it appears; and

15 (C) by striking ‘‘, if the other conditions in

16 subsection (b) are satisfied’’.

17 (3) Section 941(a)(3) is amended by striking

18 ‘‘and for any other organization to which none of the

19 conditions in subsection (b) apply’’.

20 (4) Section 941(b)(3) is amended—

21 (A) in the paragraph heading, by striking

22 ‘‘NEW BUDGET PROCEDURES’’ and inserting

23 ‘‘BUDGET PRACTICES AND FINANCIAL REGULA24 TIONS’’;

25 (B) by striking ‘‘has established and’’;
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1 (C) by striking ‘‘procedures’’ and inserting

2 ‘‘practices’’; and

3 (D) in subparagraphs (A) and (B) by

4 striking ‘‘require’’ each place it appears and in5 serting ‘‘result in’’.

6 (5) Section 941(b)(9) is amended—

7 (A) in the paragraph heading by striking

8 ‘‘NEW BUDGET PROCEDURES’’ and inserting

9 ‘‘BUDGET PRACTICES AND FINANCIAL REGULA10 TIONS’’;

11 (B) by striking ‘‘Each designated special12 ized agency has established procedures to—’’

13 and inserting ‘‘The practices of each designated

14 specialized agency—’’; and

15 (C) in subparagraphs (A), (B), and (C) by

16 striking ‘‘require’’ each place it appears and in17 serting ‘‘result in’’.

18 (b) CONFORMING AMENDMENT.—The undesignated

19 paragraph under the heading ‘‘ARREARAGE PAYMENTS’’ in

20 title IV of the Departments of Commerce, Justice, and

21 State, the Judiciary, and Related Agencies Appropriations

22 Act, 2000 (as contained in section 1000 of division B of

23 the Consolidated Appropriations Act, 2000; Public Law

24 106–113) is amended—
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1 (1) in the first proviso, by striking ‘‘the share

2 of the total of all assessed contributions for any des3 ignated specialized agency of all assessed contribu4 tions for any designated specialized agency of the

5 United Nations does not exceed 22 percent for any

6 single member of the agency, and’’; and

7 (2) by inserting after ‘‘respective agencies:’’ the

8 following: ‘‘Provided further, That none of the funds

9 appropriated or otherwise made available under this

10 heading for payment of arrearages may be obligated

11 with respect to a designated specialized agency of

12 the United Nations until such time as the share of

13 the total of all assessed contributions for that des14 ignated specialized agency does not exceed 22 per15 cent for any member of the agency:’’.

16 SEC. 403. TRANSMITTAL OF CERTIFICATIONS TO CON17 GRESS.

18 Section 912(c) of the United Nations Reform Act of

19 1999 (title IX of division A of H.R. 3427, as enacted into

20 law by section 1000(a)(7) of Public Law 106–113; appen21 dix G; 113 Stat. 1501A–477) is amended to read as fol22 lows:

23 ‘‘(c) ADVANCE CONGRESSIONAL NOTIFICATION.—

24 Funds made available pursuant to section 911 may be ob25 ligated and expended—
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1 ‘‘(1) after the appropriate certification has been

2 submitted to the appropriate congressional commit3 tees prior to payment of the funds, in the case of a

4 certification submitted with respect to funds made

5 available for fiscal year 1999; or

6 ‘‘(2) only if the appropriate certification has

7 been submitted to the appropriate congressional

8 committees 15 days prior to payment of the funds,

9 in the case of a certification submitted with respect

10 to funds made available for fiscal year 2000.’’.

11 SEC. 404. REPORTS TO CONGRESS ON CONTRIBUTIONS TO

12 THE UNITED NATIONS.

13 (a) ANNUAL REPORTS.—Section 4 of the United Na14 tions Participation Act (22 U.S.C. 287b) is amended—

15 (1) in subsection (e)(5), by striking subpara16 graph (B) and inserting the following:

17 ‘‘(B) ANNUAL REPORT.—The President

18 shall submit to the designated congressional

19 committees an annual report on all assistance

20 provided by the United States during the pre21 ceding calendar year to the United Nations to

22 support peacekeeping operations. Each such re23 port shall describe the assistance provided for

24 each such operation, listed by category of as25 sistance.’’;
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1 (2) by redesignating subsections (f) and (g) as

2 subsections (g) and (h), respectively; and

3 (3) by inserting after subsection (e) the fol4 lowing:

5 ‘‘(f) ANNUAL REPORT ON FINANCIAL CONTRIBU6 TIONS.—Not later than July 1 of each year, the Secretary

7 of State shall submit to the designated congressional com8 mittees a report on the extent and disposition of all finan9 cial contributions made by the United States during the

10 preceding year to international organizations in which the

11 United States participates as a member.’’.

12 (b) CONFORMING AMENDMENTS.—

13 (1) Section 2 of Public Law 81–806 (22 U.S.C.

14 262a) is amended by striking the last sentence.

15 (2) Section 409 of the Foreign Relations Au16 thorization Act, Fiscal Years 1994 and 1995 (22

17 U.S.C. 287e note) is amended by striking subsection

18 (d).

19 SEC. 405. LIMITATION ON THE UNITED STATES SHARE OF

20 ASSESSMENTS FOR UNITED NATIONS PEACE21 KEEPING OPERATIONS IN CALENDAR YEARS

22 2001 THROUGH 2003.

23 (a) IN GENERAL.—Section 404(b)(2) of the Foreign

24 Relations Authorization Act, Fiscal Years 1994 and 1995,

25 is amended—
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1 (1) by striking ‘‘Funds’’ and inserting ‘‘(A) IN

2 GENERAL.—Except as provided in subparagraph

3 (B), funds’’; and

4 (2) by adding at the end the following:

5 ‘‘(B) REDUCTION IN UNITED STATES

6 SHARE OF ASSESSED CONTRIBUTIONS..—Not7 withstanding the percentage limitation con8 tained in subparagraph (A), the United States

9 share of assessed contributions for each United

10 Nations peacekeeping operation during the fol11 lowing periods is authorized to be as follows:

12 ‘‘(i) For assessments made during cal13 endar year 2001, 28.15 percent.

14 ‘‘(ii) For assessments made during

15 calendar year 2002, 27.90 percent.

16 ‘‘(iii) For assessments made during

17 calendar year 2003, 27.40 percent.’’.

18 (b) CONFORMING AMENDMENTS TO PUBLIC LAW 92–

19 544.—Title I of the Departments of State, Justice, and

20 Commerce, the Judiciary, and Related Agencies Appro21 priation Act, 1973 (22 U.S.C. 287e note) is amended—

22 (1) in the next to the last sentence of the un23 designated paragraph under the heading ‘‘CON24 TRIBUTIONS TO INTERNATIONAL ORGANIZATIONS’’ in

25 Public Law 92–544 (22 U.S.C. 287e note), by strik-
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1 ing ‘‘After’’ and inserting ‘‘Subject to section

2 404(b)(2) of the Foreign Relations Authorization

3 Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e

4 note), after’’; and

5 (2) in the last sentence of the undesignated

6 paragraph under the heading ‘‘CONTRIBUTIONS TO

7 INTERNATIONAL ORGANIZATIONS’’ in Public Law

8 92–544 (22 U.S.C. 287e note)—

9 (A) by striking ‘‘Appropriations are au10 thorized’’ and inserting ‘‘Subject to section

11 404(b)(2) of the Foreign Relations Authoriza12 tion Act, Fiscal Years 1994 and 1995 (22

13 U.S.C. 287e note), appropriations are author14 ized’’; and

15 (B) by striking ‘‘(other than United Na16 tions peacekeeping operations) conducted’’ and

17 inserting ‘‘conducted by or under the auspices

18 of the United Nations or’’.

19 SEC. 406. LIMITATION ON THE UNITED STATES SHARE OF

20 ASSESSMENTS FOR UNITED NATIONS REG21 ULAR BUDGET.

22 (a) IN GENERAL.—The United Nations Participation

23 Act of 1945 (22 U.S.C. 287 et seq.) is amended by adding

24 at the end the following new section:
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1 ‘‘SEC. 11. LIMITATION ON THE UNITED STATES SHARE OF

2 ASSESSMENTS FOR UNITED NATIONS REG3 ULAR BUDGET.

4 ‘‘None of the funds available to the Department of

5 State shall be used to pay the United States share of as6 sessed contributions for the regular budget of the United

7 Nations in an amount greater than 22 percent of the total

8 of all assessed contributions for that budget.’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 subsection (a) shall be deemed to have become effective

11 on January 1, 2001.

12 SEC. 407. SENSE OF CONGRESS RELATING TO THE PAY13 MENT OF THE UNITED STATES SHARE OF AS14 SESSMENTS FOR THE UNITED NATIONS REG15 ULAR BUDGET.

16 (a) FINDINGS.—Congress makes the following find17 ings:

18 (1) During the 1980s, it was decided to shift

19 the timing of the United States payment of its as20 sessed contribution to the regular budget from Janu21 ary to October in order to align the payment with

22 the beginning of the United States fiscal year.

23 (2) As a result of this shift, United States pay24 ments often are not received by the United Nations

25 until close to the end of December, at the end of the

26 United Nation’s fiscal year.
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1 (b) SENSE OF CONGRESS.—It is the sense of the

2 Congress that the United Nations cannot achieve the de3 sired level of fiscal responsibility necessary for consistent

4 and effective operations without prompt and timely pay5 ment of the United States share of assessed contributions

6 for the regular budget of the United Nations and that,

7 commencing in January 2002, the United States should

8 begin the process of resuming payment of its assessed con9 tribution prior to February 1 of that year and each fol10 lowing year, if all the conditions set forth in the United

11 Nations Reform Act of 1999 (title IX of division A of H.R.

12 3427, as enacted into law by section of 1000(a)(7) of Pub13 lic Law 106–113) have been met.

14 SEC. 408. ZERO GROWTH UNITED NATIONS BUDGET.

15 (a) IN GENERAL.—Unless the Secretary certifies to

16 the appropriate congressional committees prior to the obli17 gation of fiscal year 2003 funds—

18 (1) that the United Nations has achieved zero

19 growth in the biennium budget for 2002–2003 from

20 the 2000–2001 biennium budget, and

21 (2) that, prior to the date of the certification,

22 the United Nations took no action to exceed the bi23 ennium budget for 2002–2003,

24 the United States shall withhold from the total amount

25 of fiscal year 2003 funds its share of the amount by which
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1 the biennium budget for 2002–2003 has exceeded zero

2 growth.

3 (b) FISCAL YEAR 2003 FUNDS DEFINED.—In this

4 section, the term ‘‘fiscal year 2003 funds’’ means amounts

5 appropriated for fiscal year 2003 that are available for

6 payment of the assessed contributions of the United States

7 to the regular budget of the United Nations.

8 SEC. 409. MEMBERSHIP ON COMMISSION ON HUMAN

9 RIGHTS AND INTERNATIONAL NARCOTICS

10 CONTROL BOARD.

11 The United States, in connection with its voice and

12 vote in the United Nations General Assembly and the

13 United Nations Economic and Social Council, shall make

14 every reasonable effort—

15 (1) to secure a seat for the United States on

16 the United Nations Commission on Human Rights;

17 (2) to secure a seat for a United States na18 tional on the United Nations International Narcotics

19 Control Board; and

20 (3) to prevent membership on the Human

21 Rights Commission by any member nation the gov22 ernment of which, in the judgment of the Secretary,

23 based on the Department’s Annual Country Reports

24 on Human Rights and the Annual Report on Inter25 national Report on Religious Freedom, engages in a
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1 consistent pattern of gross violations of internation2 ally recognized human rights or has engaged in or

3 tolerated particularly severe violations of religious

4 freedom in that country.

5 SEC. 410. ACTION PLAN FOR ENHANCED DEPARTMENT OF

6 STATE EFFORTS TO PLACE UNITED STATES

7 NATIONALS IN POSITIONS OF EMPLOYMENT

8 IN THE UNITED NATIONS AND ITS SPECIAL9 IZED AGENCIES.

10 (a) IN GENERAL.—Not later than 180 days after the

11 date of enactment of this Act, the Secretary shall submit

12 to the appropriate congressional committees a report con13 taining an action plan for the Department that provides

14 for—

15 (1) proposals to reverse the decline in recent

16 years in funding and personnel resources devoted to

17 the placement of United States nationals in positions

18 within the United Nations system;

19 (2) steps to upgrade coordinated, high-level dip20 lomatic efforts to place United States nationals in

21 senior posts in the United Nations Secretariat and

22 the specialized agencies of the United Nations; and

23 (3) appropriate mechanisms to address the

24 under representation, relative to the United States

25 share of assessed contributions to the United Na-
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1 tions, of United States nationals in junior positions

2 within the United Nations and its specialized agen3 cies.

4 (b) UNITED STATES NATIONAL DEFINED.—In this

5 section, the term ‘‘United States national’’ means—

6 (1) a citizen of the United States; or

7 (2) a person who, though not a citizen of the

8 United States, owes permanent allegiance to the

9 United States.

10 TITLE V—UNITED STATES

11 INTERNATIONAL BROAD12 CASTING ACTIVITIES

13 SEC. 501. REDESIGNATION OF THE BROADCASTING BOARD

14 OF GOVERNORS AS THE UNITED STATES

15 INTERNATIONAL BROADCASTING AGENCY.

16 (a) REDESIGNATION.—The Broadcasting Board of

17 Governors is hereby redesignated as the United States

18 International Broadcasting Agency (in this section re19 ferred to as the ‘‘Agency’’).

20 (b) REDESIGNATION AND RETENTION OF OFFI21 CIALS.—The members of the Broadcasting Board of Gov22 ernors are hereby redesignated as members of the Board

23 of Governors of the Agency, and those members of the

24 Broadcasting Board of Governors appointed by the Presi25 dent pursuant to section 304(b)(1)(A) of the United
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1 States International Broadcasting Act of 1994 (22 U.S.C.

2 6203(b)(1)(A)), as in effect immediately before the date

3 of enactment of this Act, and holding office as of that

4 date, may serve the remainder of their terms of office

5 without reappointment.

6 (c) REFERENCES.—Any reference in any statute, re7 organization plan, Executive order, regulation, agreement,

8 determination, or other official document or proceeding to

9 the Broadcasting Board of Governors shall be deemed to

10 refer to the United States International Broadcasting

11 Agency.

12 (d) BROADCASTING BOARD OF GOVERNORS DE13 FINED.—In this section, the term ‘‘Broadcasting Board

14 of Governors’’ means the Broadcasting Board of Gov15 ernors established by section 304 of the United States

16 International Broadcasting Act of 1994 (as in effect on

17 the day before the date of enactment of this Act) and con18 tinued in existence as an independent entity within the

19 executive branch of Government by section 1322 of the

20 Foreign Affairs Reform and Restructuring Act of 1998

21 (as enacted into law by division G of Public Law 105–

22 277).

23 (e) CONFORMING AMENDMENTS.—

24 (1) EXISTENCE WITHIN THE EXECUTIVE

25 BRANCH.—Section 304 of the United States Inter-
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1 national Broadcasting Act of 1994 (22 U.S.C. 6203)

2 is amended—

3 (A) by amending the section heading to

4 read as follows: ‘‘SEC. 304. UNITED STATES

5 INTERNATIONAL BROADCASTING AGEN6 CY.’’; and

7 (B) by amending subsection (a) to read as

8 follows:

9 ‘‘(a) EXISTENCE WITHIN THE EXECUTIVE

10 BRANCH.—

11 ‘‘(1) IN GENERAL.—There is in the executive

12 branch of Government the United States Inter13 national Broadcasting Agency (in this title referred

14 to as the ‘Agency’), which is an entity described in

15 section 104 of title 5, United States Code, and

16 which shall be directed by a Board of Governors.

17 ‘‘(2) INSPECTOR GENERAL AUTHORITIES.—

18 ‘‘(A) IN GENERAL.—The Inspector General

19 of the Department of State and the Foreign

20 Service shall exercise the same authorities with

21 respect to the Agency and the International

22 Broadcasting Bureau as the Inspector General

23 exercises under the Inspector General Act of

24 1978 and section 209 of the Foreign Service
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1 Act of 1980 with respect to the Department of

2 State.

3 ‘‘(B) RESPECT FOR JOURNALISTIC INTEG4 RITY OF BROADCASTERS.—The Inspector Gen5 eral of the Department of State and the For6 eign Service shall respect the journalistic integ7 rity of all the broadcasters covered by this title

8 and may not evaluate the philosophical or polit9 ical perspectives reflected in the content of

10 broadcasts.’’.

11 (2) REFERENCES IN THE UNITED STATES

12 INTERNATIONAL BROADCASTING ACT OF 1994.—The

13 United States International Broadcasting Act of

14 1994 (22 U.S.C. 6201 et seq.) is amended by strik15 ing ‘‘Board’’ each place it appears and inserting

16 ‘‘Agency’’.

17 (3) RADIO BROADCASTING.—The Radio Broad18 casting to Cuba Act (22 U.S.C. 1465 et seq.) is

19 amended—

20 (A) by striking ‘‘Broadcasting Board of

21 Governors’’ each place it appears and inserting

22 ‘‘United States International Broadcasting

23 Agency’’; and

24 (B) by striking ‘‘Board’’ each place it ap25 pears and inserting ‘‘Agency’’.
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1 (4) TELEVISION BROADCASTING.—The Tele2 vision Broadcasting to Cuba Act (22 U.S.C. 1465aa

3 et seq.) is amended—

4 (A) in section 243(a) (22 U.S.C.

5 1465bb(a)), section 244(a) (22 U.S.C. 22

6 U.S.C. 1465cc(a)), and section 246 (22 U.S.C.

7 1465dd), by striking ‘‘Broadcasting Board of

8 Governors’’ each place it appears and inserting

9 ‘‘United States International Broadcasting

10 Agency’’; and

11 (B) in section 244 (b) and (c) (22 U.S.C.

12 1465cc (b) and (c)) and section 246 (22 U.S.C.

13 1465dd), by striking ‘‘Board’’ each place it ap14 pears and inserting ‘‘Agency’’.

15 (5) INFORMATION AND EDUCATIONAL EX16 CHANGE.—The United States Information and Edu17 cational Exchange Act of 1948 (22 U.S.C. 1431 et

18 seq.) is amended—

19 (A) in section 505 (22 U.S.C. 1464a), by

20 striking ‘‘Broadcasting Board of Governors’’

21 each place it appears and inserting ‘‘United

22 States International Broadcasting Agency’’; and

23 (B) in section 506(c) (22 U.S.C.

24 1464b(c))—
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1 (i) by striking ‘‘Broadcasting Board

2 of Governors’’ and inserting ‘‘United

3 States International Broadcasting Agen4 cy’’; and

5 (ii) by striking ‘‘Board’’ and inserting

6 ‘‘Agency’’.

7 (6) FOREIGN SERVICE.—The Foreign Service

8 Act of 1980 (22 U.S.C. 3901 et seq.) is amended—

9 (A) in section 202(a)(1) (22 U.S.C.

10 3922(a)(1)), by striking ‘‘Broadcasting Board

11 of Governors’’ and inserting ‘‘United States

12 International Broadcasting Agency’’;

13 (B) in section 210 (22 U.S.C. 3930), by

14 striking ‘‘Broadcasting Board of Governors’’

15 and inserting ‘‘United States International

16 Broadcasting Agency’’;

17 (C) in section 1003(a) (22 U.S.C.

18 4103(a)), by striking ‘‘Broadcasting Board of

19 Governors’’ and inserting ‘‘United States Inter20 national Broadcasting Agency’’; and

21 (D) in section 1101(c) (22 U.S.C.

22 4131(c)), by striking ‘‘Broadcasting Board of

23 Governors’’ and inserting ‘‘United States Inter24 national Broadcasting Agency’’.
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1 (7) STATE DEPARTMENT BASIC AUTHORI2 TIES.—The State Department Basic Authorities Act

3 of 1956 (22 U.S.C. 2651a et seq.) is amended—

4 (A) in section 23(a) (22 U.S.C. 2695(a)),

5 by striking ‘‘Broadcasting Board of Governors’’

6 and inserting ‘‘United States International

7 Broadcasting Agency’’;

8 (B) in section 25(f) (22 U.S.C. 2697(f)—

9 (i) by striking ‘‘Broadcasting Board

10 of Governors and inserting ‘‘United States

11 International Broadcasting Agency’’; and

12 (ii) by striking ‘‘the Board and the

13 Agency’’ and inserting ‘‘their respective

14 agencies’’;

15 (C) in section 26(b) (22 U.S.C. 2698(b))—

16 (i) by striking ‘‘Broadcasting Board

17 of Governors and inserting ‘‘United States

18 International Broadcasting Agency’’; and

19 (ii) by striking ‘‘the Board and the

20 Agency’’ and inserting ‘‘their respective

21 agencies’’; and

22 (D) in section 32 (22 U.S.C. 2704), by

23 striking ‘‘Broadcasting Board of Governors and

24 inserting ‘‘United States International Broad25 casting Agency’’.
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1 SEC. 502. SPECIAL AUTHORITY FOR SURGE CAPACITY.

2 The United States International Broadcasting Act of

3 1994 (22 U.S.C. 6201 et seq.) is amended by adding at

4 the end the following new section:

5 ‘‘SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.

6 ‘‘(a) EMERGENCY AUTHORITY.—

7 ‘‘(1) IN GENERAL.—Whenever the President de8 termines it to be important to the national interests

9 of the United States and so certifies to the appro10 priate congressional committees, the President, on

11 such terms and conditions as the President may de12 termine, is authorized to furnish such assistance as

13 may be necessary to provide international broad14 casting activities of the United States with a surge

15 capacity to support United States foreign policy ob16 jectives during a crisis abroad.

17 ‘‘(2) SUPERSEDES EXISTING LAW.—The au18 thority of paragraph (1) supersedes any other provi19 sion of law.

20 ‘‘(3) SURGE CAPACITY DEFINED.—In this sub21 section, the term ‘surge capacity’ means the finan22 cial and technical resources necessary to carry out

23 broadcasting activities in a geographical area during

24 a crisis.

25 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—
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1 ‘‘(1) IN GENERAL.—Effective October 1, 2001,

2 there is authorized to be appropriated to the Presi3 dent such amounts as may be necessary for the

4 President to carry out this section, except that no

5 such amount may be appropriated which, when

6 added to amounts previously appropriated for such

7 purpose but not yet obligated, would cause such

8 amounts to exceed $10,000,000.

9 ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap10 propriated under this subsection are authorized to

11 remain available until expended.

12 ‘‘(3) DESIGNATION OF APPROPRIATIONS.—

13 Amounts appropriated under this subsection may be

14 referred to as the ‘United States International

15 Broadcasting Surge Capacity Fund’.’’.

16 SEC. 503. DISSEMINATION OF THE VOICE OF AMERICA SPE17 CIAL ENGLISH SERVICE’S PROGRAMMING IN

18 THE UNITED STATES.

19 Section 305(a) of the United States International

20 Broadcasting Act of 1994 (22 U.S.C. 6204(a)) is amended

21 by adding at the end thereof the following new paragraph:

22 ‘‘(19) Notwithstanding section 501 of the

23 United States Information and Education Exchange

24 Act of 1948 (22 U.S.C. 1461 (a)), or section 208 of

25 the United States Information Agency Authorization
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1 Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461–

2 1a), to distribute in the United States program ma3 terial prepared by the Voice of America’s Special

4 English Service.’’.

5 SEC. 504. MODIFICATION OF LIMITATION ON GRANT

6 AMOUNTS TO RFE/RL, INCORPORATED.

7 Section 308(c) of the United States International

8 Broadcasting Act of 1994 (22 U.S.C. 6207(c)) is amended

9 to read as follows:

10 ‘‘(c) The total amount of grants made for the oper11 ating costs of RFE/RL, Incorporated, may not exceed

12 $85,000,000 in each of the fiscal years 2002 and 2003.’’.

13 SEC. 505. GRANTS FOR RADIO FREE ASIA.

14 Section 309(c)(4) of the United States International

15 Broadcasting Act of 1994 (22 U.S.C. 6208(c)(4)) is

16 amended to read as follows:

17 ‘‘(4) Grants made for the operating costs of

18 Radio Free Asia may not exceed $35,000,000 in

19 each of the fiscal years 2002 and 2003.’’.

20 SEC. 506. PAY PARITY FOR SENIOR EXECUTIVES OF RFE/RL,

21 INCORPORATED.

22 Section 308(h)(1) of the United States International

23 Broadcasting Act of 1994 (22 U.S.C. 6207(h)(1)) is

24 amended—
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1 (1) by inserting after subparagraph (B) the fol2 lowing new subparagraph:

3 ‘‘(C) Notwithstanding the limitations under

4 subparagraph (A), grant funds provided under this

5 section may be used by RFE/RL, Incorporated, to

6 pay not more than four employees employed in

7 Washington, D.C., salary or other compensation at

8 a rate not to exceed the rate of pay payable for level

9 III of the Executive Schedule under section 5314 of

10 title 5, United States Code.’’; and

11 (2) in subparagraph (A) by striking ‘‘(B),’’ and

12 inserting ‘‘(B) or (C),’’.

13 SEC. 507. AUTHORITY TO CONTRACT FOR LOCAL BROAD14 CASTING SERVICES OUTSIDE THE UNITED

15 STATES.

16 Section 802(b)(4) of the United States Information

17 and Educational Exchange Act of 1948 (22 U.S.C.

18 1472(b)(4)) is amended by inserting before the period the

19 following: ‘‘and is authorized to enter into contracts for

20 periods not to exceed ten years to acquire local broad21 casting services outside the United States’’.

22 SEC. 508. PERSONAL SERVICES CONTRACTING PILOT PRO23 GRAM.

24 (a) IN GENERAL.—The Director of the International

25 Broadcasting Bureau (in this section referred to as the
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1 ‘‘Director’’) may establish a pilot program (in this section

2 referred to as the ‘‘program’’) for the purpose of hiring

3 United States citizens or aliens as personal services con4 tractors, without regard to civil service and classification

5 laws, for service in the United States as broadcasters, pro6 ducers, and writers in the International Broadcasting Bu7 reau to respond to new or emerging broadcast needs or

8 to augment broadcast services.

9 (b) CONDITIONS.—The Director is authorized to use

10 the authority of subsection (a) subject to all the following

11 conditions:

12 (1) The Director determines that existing per13 sonnel resources are insufficient and the need is of

14 limited or unknown duration.

15 (2) The Director approves each employment of

16 a personal services contractor.

17 (3) The contract length, including options, may

18 not exceed 2 years, unless the Director makes a

19 finding that exceptional circumstances justify an ex20 tension of up to one additional year.

21 (4) Not more than a total of 75 United States

22 citizens or aliens are employed at any one time as

23 personal services contractors under the program.

24 (c) EXPIRATION OF AUTHORITY.—The authority to

25 award personal services contracts under the program shall
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1 expire on December 31, 2005. A contract entered into

2 under the program on or before December 31, 2005, shall

3 remain in effect, in accordance with the terms of the con4 tract, notwithstanding expiration of the program.

5 SEC. 509. TRAVEL BY VOICE OF AMERICA CORRESPOND6 ENTS.

7 (a) EXEMPTION FROM RESPONSIBILITIES OF THE

8 SECRETARY.—Section 103(a)(1)(A) of the Omnibus Dip9 lomatic Security and Antiterrorism Act of 1986 (22

10 U.S.C. 4802(a)(1)(A)) is amended by inserting ‘‘Voice of

11 America correspondents on official assignment and’’ after

12 ‘‘other than’’.

13 (b) EXEMPTION FROM CHIEF OF MISSION RESPON14 SIBILITIES.—Section 207 of the Foreign Service Act of

15 1980 (22 U.S.C. 3927) is amended—

16 (1) in the parenthetical clause in subsection

17 (a)(1), by inserting ‘‘Voice of America correspond18 ents on official assignment and’’ after ‘‘except for’’;

19 (2) in the parenthetical clause in subsection

20 (a)(2), by inserting ‘‘Voice of America correspond21 ents on official assignment and’’ after ‘‘except for’’;

22 and

23 (3) in the parenthetical clause in subsection (b),

24 by inserting ‘‘Voice of America correspondents on of25 ficial assignment and’’ after ‘‘except for’’.
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1 SEC. 510. CONFORMING AMENDMENTS.

2 The United States International Broadcasting Act of

3 1994 (22 U.S.C.6201 et seq.) is amended—

4 (1) in section 305(a)(4) (22 U.S.C.

5 6204(a)(4)), by striking ‘‘annually,,’’ and inserting

6 ‘‘annually,’’; and

7 (2) in section 313(a) (22 U.S.C. 6211(a)), in

8 the text above paragraph (1), by striking ‘‘the direc9 tion and’’.

10 TITLE VI—REPORTING

11 REQUIREMENTS

12 SEC. 601. ELIMINATION OF CERTAIN REPORTING REQUIRE13 MENTS.

14 (a) ECONOMIC POLICY AND TRADE PRACTICES.—

15 Section 2202 of the Omnibus Trade and Competitiveness

16 Act of 1988 (15 U.S.C. 4711) is repealed.

17 (b) ANNUAL REPORTS ON ECONOMIC AND SOCIAL

18 GROWTH.—Section 574 of the Foreign Operations, Ex19 port Financing, and Related Programs Appropriations

20 Act, 1996 (22 U.S.C. 2394 note) is repealed.

21 (c) NUMBER OF UNITED STATES NATIONALS IN

22 FOREIGN COUNTRIES FOR FOREIGN MILITARY SALES23 RELATED PURPOSES.—Section 36(a) of the Arms Export

24 Control Act (22 U.S.C. 2776) is amended—

25 (1) by striking paragraph (7); and
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1 (2) by redesignating paragraphs (8), (9), (10),

2 (11), (12), and (13) as paragraphs (7), (8), (9),

3 (10), (11), and (12), respectively.

4 (d) ANNUAL REPORTS UNDER INTERNATIONAL

5 ANTICORRUPTION AND GOOD GOVERNANCE ACT.—Sec6 tion 133 of the Foreign Assistance Act of 1961 (22 U.S.C.

7 2152c) is amended by striking subsection (d).

8 SEC. 602. REPORT RELATING TO COMMISSION ON SECU9 RITY AND COOPERATION IN EUROPE.

10 Section 5 of the Act entitled ‘‘An Act to establish a

11 Commission on Security and Cooperation in Europe’’ (22

12 U.S.C. 3005) is amended to read as follows:

13 ‘‘SEC. 5. In order to assist the Commission in car14 rying out its duties, the Secretary of State shall submit

15 to the Commission an annual report discussing the overall

16 United States policy objectives that are advanced through

17 meetings of decision-making bodies of the Organization for

18 Security and Cooperation in Europe (OSCE), the OSCE

19 implementation review process, and other activities of the

20 OSCE. The report shall also include a summary of specific

21 United States policy objectives with respect to partici22 pating states where there is particular concern relating to

23 the implementation of OSCE commitments or where an

24 OSCE presence exists. Such summary shall address the

25 role played by OSCE institutions, mechanisms, or field ac-
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1 tivities in achieving United States policy objectives. Each

2 annual report shall cover the period from January 1 to

3 December 31, shall be submitted not more than 90 days

4 after the end of the reporting period, and shall be posted

5 on the Internet website of the Department of State.’’.

6 SEC. 603. BRIEFINGS ON POTENTIAL PURCHASES OF DE7 FENSE ARTICLES OR DEFENSE SERVICES BY

8 TAIWAN.

9 (a) BRIEFINGS.—Not later than 90 days after the

10 date of enactment of this Act, and every 90 days there11 after, the Department of State, in consultation with the

12 Department of Defense, shall provide detailed briefings to

13 the appropriate congressional committees on any discus14 sions conducted between any executive branch agency and

15 the government of Taiwan during the preceding 90 days

16 (or, in the case of the initial briefing, since the date of

17 enactment of this Act) on any potential purchase of de18 fense articles or defense services by the government of

19 Taiwan.

20 (b) EXECUTIVE AGENCY DEFINED.—In this section,

21 the term ‘‘executive branch agency’’ has the meaning given

22 the term ‘‘agency’’ in section 551(1) of title 5, United

23 States Code.
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1 SEC. 604. ANNUAL REPORTS ON UNITED STATES-VIETNAM

2 HUMAN RIGHTS DIALOGUE MEETINGS.

3 Not later than 60 days after the second United

4 States-Vietnam human rights meeting held in a calendar

5 year, the Secretary shall submit to the appropriate con6 gressional committees a report covering the issues dis7 cussed at the previous two meetings and describing to

8 what extent Vietnam has made progress during that cal9 endar year since the preceding calendar year in achieving

10 the following objectives:

11 (1) Improving the Government of Vietnam’s

12 commercial and criminal codes to bring them into

13 conformity with international standards, including

14 the repeal of the Government of Vietnam’s adminis15 trative detention decree (Directive 31/CP).

16 (2) Releasing imprisoned political and religious

17 activists and ceasing surveillance of those already re18 leased.

19 (3) Taking steps to ease official restrictions on

20 religious activity, including implementing the rec21 ommendations of the United Nations Special

22 Rapporteur on Religious Intolerance.

23 (4) Taking steps to promote freedom of the Vi24 etnamese media, including greater freedom of move25 ment of members of the Vietnamese and foreign

26 press.
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1 (5) Making efforts to improve prison conditions

2 and providing for greater transparency in the penal

3 system of Vietnam, such as implementing the rec4 ommendations of the United Nations Working

5 Group on Arbitrary Detention.

6 (6) Taking steps to address concerns about in7 digenous minorities in the central and northern

8 highlands of Vietnam.

9 (7) Working with the International Labor Orga10 nization to improve the basic rights of workers.

11 SEC. 605. SEMIANNUAL REPORTS ON EXPENDITURES MADE

12 FROM APPROPRIATION FOR ‘‘EMERGENCIES

13 IN THE DIPLOMATIC AND CONSULAR SERV14 ICE’’.

15 Section 124 of the Foreign Relations Authorization

16 Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2680 note)

17 is amended in the first sentence—

18 (1) by striking ‘‘within 30 days after the end of

19 each quarter of the fiscal year’’ and inserting ‘‘not

20 later than May 1 and November 1 of each year’’;

21 and

22 (2) by striking ‘‘that quarter’’ and inserting

23 ‘‘the preceding half of the fiscal year that ended

24 March 31 and September 30, respectively’’.
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1 SEC. 606. REPORT CONCERNING ELIMINATION OF COLOM2 BIAN OPIUM.

3 (a) FINDINGS.—Congress makes the following find4 ings:

5 (1) There is a growing heroin crisis in the

6 United States resulting from increasingly cheap,

7 pure, and deadly heroin flooding into this country,

8 much of it from Colombia.

9 (2) Interdicting heroin entering the United

10 States is difficult, in part because it can be traf11 ficked in such small quantities.

12 (3) Destruction of opium, from which heroin is

13 derived, at its source in Colombia is traditionally one

14 of the best strategies to combat the heroin crisis ac15 cording to Federal law enforcement officials.

16 (b) REPORT TO CONGRESS.—Not later than 60 days

17 after the date of the enactment of this Act, the Secretary,

18 through the Assistant Secretary of State for International

19 Narcotics and Law Enforcement Affairs, shall submit to

20 the appropriate congressional committees a report that

21 outlines a comprehensive strategy to eradicate all opium

22 cultivation at its source in Colombia.
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1 SEC. 607. REPORT CONCERNING THE GERMAN FOUNDA2 TION ‘‘REMEMBRANCE, RESPONSIBILITY, AND

3 THE FUTURE’’.

4 (a) REPORT CONCERNING THE GERMAN FOUNDA5 TION ‘‘REMEMBRANCE, RESPONSIBILITY, AND THE FU6 TURE’’.—Not later than 180 days after the date of the

7 enactment of this Act, and every 180 days thereafter until

8 all funds made available to the German Foundation have

9 been disbursed, the Secretary shall submit to the appro10 priate congressional committees a report on the status of

11 the implementation of the Agreement and, to the extent

12 possible, on whether or not—

13 (1) during the 180-day period preceding the

14 date of the report, the German Bundestag has au15 thorized the allocation of funds to the Foundation,

16 in accordance with section 17 of the law on the cre17 ation of the Foundation, enacted by the Federal Re18 public of Germany on August 8, 2000;

19 (2) the entire sum of 10,000,000,000 deutsche

20 marks has been made available to the German

21 Foundation in accordance with Annex B to the Joint

22 Statement of July 17, 2000;

23 (3) during the 180-day period preceding the

24 date of the report, any company or companies inves25 tigating a claim, who are members of ICHEIC, were

26 required to provide to the claimant, within 90 days
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1 after receiving the claim, a status report on the

2 claim, or a decision that included—

3 (A) an explanation of the decision, pursu4 ant to those standards of ICHEIC to be applied

5 in approving claims;

6 (B) all documents relevant to the claim

7 that were retrieved in the investigation; and

8 (C) an explanation of the procedures for

9 appeal of the decision;

10 (4) during the 180-day period preceding the

11 date of the report, any entity that elected to deter12 mine claims under Article 1(4) of the Agreement

13 was required to comply with the standards of proof,

14 criteria for publishing policyholder names, valuation

15 standards, auditing requirements, and decisions of

16 the Chairman of ICHEIC;

17 (5) during the 180-day period preceding the

18 date of the report, an independent process to appeal

19 decisions made by any entity that elected to deter20 mine claims under Article 1(4) of the Agreement

21 was available to and accessible by any claimant

22 wishing to appeal such a decision, and the appellate

23 body had the jurisdiction and resources necessary to

24 fully investigate each claim on appeal and provide a

25 timely response;
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1 (6) an independent audit of compliance ap2 proved by ICHEIC by every entity that has elected

3 to determine claims under Article 1(4) of the Agree4 ment has been conducted; and

5 (7) the administrative and operational expenses

6 incurred by the companies that are members of

7 ICHEIC are appropriate for the administration of

8 claims described in paragraph (3).

9 The Secretary’s report shall include the Secretary’s jus10 tification for each determination under this subsection.

11 (b) SENSE OF CONGRESS.—It is the sense of the

12 Congress that ICHEIC should work in consultation with

13 the Secretary in gathering the information required for

14 the report under subsection (a).

15 (c) DEFINITIONS.—In this section:

16 (1) AGREEMENT.—The term ‘‘Agreement’’

17 means the Agreement between the Government of

18 the United States of America and the Government

19 of the Federal Republic of Germany concerning the

20 Foundation ‘‘Remembrance, Responsibility and the

21 Future’’, done at Berlin July 17, 2000.

22 (2) ANNEX B TO THE JOINT STATEMENT OF

23 JULY 17, 2000.—The term ‘‘Annex B to the Joint

24 Statement of July 17, 2000’’ means Annex B to the

25 Joint Statement on occasion of the final plenary
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1 meeting concluding international talks on the prepa2 ration of the Federal Foundation ‘‘Remembrance,

3 Responsibility and the Future’’, done at Berlin on

4 July 17, 2000.

5 (3) GERMAN FOUNDATION.—The term ‘‘Ger6 man Foundation’’ means the Foundation ‘‘Remem7 brance, Responsibility and the Future’’ referred to

8 in the Agreement.

9 (4) ICHEIC.—The term ‘‘ICHEIC’’ means the

10 International Commission on Holocaust Era Insur11 ance Claims referred to in Article 1(4) of the Agree12 ment.

13 TITLE VII—MISCELLANEOUS

14 PROVISIONS

15 Subtitle A—Middle East Peace

16 Commitments Act of 2001

17 SEC. 701. SHORT TITLE.

18 This subtitle may be cited as the ‘‘Middle East Peace

19 Commitments Act of 2001’’.

20 SEC. 702. FINDINGS.

21 Congress makes the following findings:

22 (1) In 1993, the Palestine Liberation Organiza23 tion (in this subtitle referred to as the ‘‘PLO’’)

24 made the following commitments in an exchange of

25 letters with the Prime Minister of Israel:
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1 (A) Recognition of the right of the State of

2 Israel to exist in peace and security.

3 (B) Acceptance of United Nations Security

4 Council Resolutions 242 and 338.

5 (C) Resolution of all outstanding issues in

6 the conflict between the two sides through nego7 tiations and exclusively peaceful means.

8 (D) Renunciation of the use of terrorism

9 and all other acts of violence and responsibility

10 over all PLO elements and personnel in order

11 to assure their compliance, prevent violations,

12 and discipline violators.

13 (2) The Palestinian Authority, the governing

14 body of autonomous Palestinian territories, was cre15 ated as a result of agreements between the PLO and

16 the State of Israel that are a direct outgrowth of the

17 commitments made in 1993.

18 (3) Congress has provided authorities to the

19 President to suspend certain statutory restrictions

20 relating to the PLO, subject to Presidential certifi21 cations that the PLO has continued to abide by

22 commitments made.

23 SEC. 703. REPORTS.

24 (a) IN GENERAL.—The President shall, at the times

25 specified in subsection (b), transmit to the appropriate
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1 congressional committees a report on compliance by the

2 PLO or the Palestinian Authority, as appropriate, with

3 each of the commitments specified in section 702(1). The

4 report shall include, with respect to each such commit5 ment, the determination of the President as to whether

6 or not the PLO or the Palestinian Authority, as appro7 priate, has complied with that commitment during the pe8 riod since the submission of the preceding report or, in

9 the case of the initial report, during the preceding six10 month period. In the event that the President imposed one

11 or more sanctions under section 704 during the period

12 covered by the report, the report shall include a descrip13 tion of each such sanction imposed.

14 (b) TRANSMISSION.—The initial report required

15 under subsection (a) shall be transmitted not later than

16 30 days after the date of enactment of this Act. Each sub17 sequent report shall be submitted on the date on which

18 the President is next required to submit a report under

19 the P.L.O. Commitments Compliance Act of 1989 (title

20 VIII of Public Law 101–246) and may be combined with

21 such report.

22 SEC. 704. IMPOSITION OF SANCTIONS.

23 (a) IN GENERAL.—If, in any report transmitted pur24 suant to section 703, the President determines that the

25 PLO or the Palestinian Authority, as appropriate, has not
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1 complied with each of the commitments specified in sec2 tion 702(1), or if the President fails to make a determina3 tion with respect to such compliance, the President shall,

4 for a period of time not less than the period described in

5 subsection (b), impose one or more of the following sanc6 tions:

7 (1) DENIAL OF VISAS TO PLO AND PALES8 TINIAN AUTHORITY OFFICIALS.—The Secretary shall

9 not issue a visa to any member of the PLO or any

10 official of the Palestinian Authority.

11 (2) DOWNGRADE IN STATUS OF PLO OFFICE IN

12 THE UNITED STATES.—Notwithstanding any other

13 provision of law, the President shall withdraw or ter14 minate any waiver by the President of the require15 ments of section 1003 of the Foreign Relations Au16 thorization Act of 1988 and 1989 (22 U.S.C. 5202)

17 (prohibiting the establishment or maintenance of a

18 Palestinian information office in the United States),

19 and such section shall apply so as to prohibit the op20 eration of a PLO or Palestinian Authority office in

21 the United States from carrying out any function

22 other than those functions carried out by the Pales23 tinian information office in existence prior to the

24 Oslo Accords.
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1 (3) DESIGNATION AS A FOREIGN TERRORIST

2 ORGANIZATION.—The President shall designate the

3 PLO, or one or more of its constituent groups (in4 cluding Fatah and Tanzim) or groups operating as

5 arms of the Palestinian Authority (including Force

6 17), as a foreign terrorist organization, in accord7 ance with section 219(a) of the Immigration and

8 Nationality Act.

9 (4) PROHIBITION ON UNITED STATES ASSIST10 ANCE TO THE WEST BANK AND GAZA.—United

11 States assistance (except humanitarian assistance)

12 shall not be provided to programs or projects in the

13 West Bank or Gaza.

14 (b) DURATION OF SANCTIONS.—The period of time

15 referred to in subsection (a) is the period of time com16 mencing on the date that the report pursuant to section

17 703 was transmitted and ending on the later of—

18 (1) the date that is six months after such date;

19 or

20 (2) the date that the next report under section

21 703 is required to be transmitted.

22 (c) WAIVER AUTHORITY.—The President may waive

23 any or all of the sanctions imposed under subsection (a)

24 if the President determines that such a waiver is in the

25 national security interest of the United States. The Presi-
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1 dent shall report such a determination to the appropriate

2 congressional committees.

3 Subtitle B—Tibet Policy

4 SEC. 711. SHORT TITLE.

5 This subtitle may be cited as ‘‘Tibetan Policy Act of

6 2001’’.

7 SEC. 712. STATEMENT OF PURPOSE.

8 The purpose of this subtitle is to support the aspira9 tions of the Tibetan people to safeguard their distinct

10 identity.

11 SEC. 713. TIBET NEGOTIATIONS.

12 (a) POLICY.—

13 (1) IN GENERAL.—The President and the Sec14 retary should encourage the Government of the Peo15 ple’s Republic of China to enter into a dialogue with

16 the Dalai Lama or his representatives leading to a

17 negotiated agreement on Tibet.

18 (2) COMPLIANCE.—After such an agreement is

19 reached, the President and the Secretary should

20 work to ensure compliance with the agreement.

21 (b) PERIODIC REPORT.—Not later than six months

22 after the date of the enactment of this Act, and every 12

23 months thereafter (until such a time as an agreement de24 scribed in subsection (a)(1) is reached which is satisfac25 tory to both the Chinese and Tibetan peoples), the Presi-
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1 dent shall transmit to the appropriate congressional com2 mittees a report on—

3 (1) the steps taken by the President and the

4 Secretary in accordance with subsection (a)(1); and

5 (2) the status of any discussions between the

6 People’s Republic of China and the Dalai Lama or

7 his representatives.

8 SEC. 714. REPORTING ON TIBET.

9 Whenever a report is transmitted to Congress under

10 section 116 or 502B of the Foreign Assistance Act of

11 1961 (22 U.S.C. 2151m, 2304) or under section 102(b)

12 of the International Religious Freedom Act of 1998 (22

13 U.S.C. 6412(b)), Tibet shall be included in such report

14 as a separate section.

15 SEC. 715. CONGRESSIONAL-EXECUTIVE COMMISSION ON

16 THE PEOPLE’S REPUBLIC OF CHINA.

17 Section 302(h) of the U.S.-China Relations Act of

18 2000 (Public Law 106–286), relating to the Congres19 sional-Executive Commission on the People’s Republic of

20 China, is amended—

21 (1) by striking ‘‘shall include specific informa22 tion’’ and inserting the following: ‘‘shall include—

23 ‘‘(1) specific information’’;

24 (2) by striking the period at the end and insert25 ing ‘‘; and’’; and
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1 (3) by adding at the end the following:

2 ‘‘(2) a description of the status of negotiations

3 between the Government of the People’s Republic of

4 China and the Dalai Lama or his representatives,

5 and measures taken to safeguard Tibet’s distinct

6 historical, religious, cultural, and linguistic identity

7 and the protection of human rights.’’.

8 SEC. 716. ECONOMIC DEVELOPMENT ON THE TIBETAN PLA9 TEAU.

10 (a) DECLARATIONS OF POLICY.—It is the policy of

11 the United States to support economic development, cul12 tural preservation, health care, and education and environ13 mental sustainability for Tibetans inside Tibet. In support

14 of this policy, the United States shall use its voice and

15 vote to support projects designed in accordance with the

16 principles contained in subsection (d) that are designed

17 to raise the standard of living for the Tibetan people and

18 assist Tibetans to become self-sufficient.

19 (b) INTERNATIONAL FINANCIAL INSTITUTIONS.—

20 The Secretary of the Treasury shall instruct the United

21 States executive director of each international financial in22 stitution to use the voice and vote of the United States

23 to support projects in Tibet, if the projects are designed

24 in accordance with the principles contained in subsection

25 (d).
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1 (c) EXPORT-IMPORT BANK, OPIC, AND TDA.—The

2 President shall direct the Export-Import Bank of the

3 United States, the Overseas Private Investment Corpora4 tion, and the Trade and Development Agency to support

5 projects proposed to be funded or otherwise supported by

6 such entities in Tibet, if the projects are designed in ac7 cordance with the principles contained in subsection (d).

8 (d) TIBET PRINCIPLES.—Projects in Tibet supported

9 by international financial institutions, other international

10 organizations, nongovernmental organizations, and the

11 United States entities referred to in subsection (c),

12 should—

13 (1) be implemented only after conducting a

14 thorough needs-assessment of the Tibetan people

15 through field visits and interviews;

16 (2) be preceded by cultural and environmental

17 impact assessments;

18 (3) foster self-sufficiency and self-reliance of Ti19 betans;

20 (4) promote accountability of the development

21 agencies to the Tibetan people and active participa22 tion of Tibetans in all project stages;

23 (5) respect Tibetan culture, traditions, and the

24 Tibetan knowledge and wisdom about their land25 scape and survival techniques;
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1 (6) be subject to on-site monitoring by the de2 velopment agencies to ensure that the intended tar3 get group benefits;

4 (7) be implemented by development agencies

5 prepared to use Tibetan as the working language of

6 the projects;

7 (8) neither provide incentive for, nor facilitate

8 the migration and settlement of, non-Tibetans into

9 Tibet; and

10 (9) neither provide incentive for, nor facilitate

11 the transfer of ownership of, Tibetan land or natural

12 resources to non-Tibetans.

13 SEC. 717. RELEASE OF PRISONERS AND ACCESS TO PRIS14 ONS.

15 The President and the Secretary, in meetings with

16 representatives of the Government of the People’s Repub17 lic of China, should—

18 (1) request the immediate and unconditional re19 lease of all those held prisoner for expressing their

20 political or religious views in Tibet;

21 (2) seek access for international humanitarian

22 organizations to prisoners in Tibet to ensure that

23 prisoners are not being mistreated and are receiving

24 necessary medical care; and
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1 (3) seek the immediate medical parole of

2 Ngawang Choephel and other Tibetan prisoners

3 known to be in serious ill health.

4 SEC. 718. ESTABLISHMENT OF A UNITED STATES BRANCH

5 OFFICE IN LHASA, TIBET.

6 The Secretary shall make best efforts to establish an

7 office in Lhasa, Tibet, to monitor political, economic, and

8 cultural developments in Tibet.

9 SEC. 719. REQUIREMENT FOR TIBETAN LANGUAGE TRAIN10 ING.

11 The Secretary shall ensure that Tibetan language

12 training is available to Foreign Service officers, and that

13 every effort is made to ensure that a Tibetan-speaking

14 Foreign Service officer is assigned to a consulate in the

15 People’s Republic of China responsible for tracking devel16 opments in Tibet.

17 SEC. 720. RELIGIOUS PERSECUTION IN TIBET.

18 (a) HIGH-LEVEL CONTACTS.—Pursuant to section

19 105 of the International Religious Freedom Act of 1998

20 (22 U.S.C. 6414), the United States Ambassador to the

21 People’s Republic of China—

22 (1) shall seek to meet with the 11th Panchen

23 Lama, who was taken from his home on May 17,

24 1995, and otherwise ascertain information con25 cerning his whereabouts and well-being; and
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1 (2) shall request the Government of the Peo2 ple’s Republic of China that the 11th Panchen Lama

3 be released and allowed to pursue his religious stud4 ies without interference and according to tradition.

5 (b) PROMOTION OF INCREASED ADVOCACY.—Pursu6 ant to section 108(a) of the International Religious Free7 dom Act of 1998 (22 U.S.C. 6417(a)), it is the sense of

8 Congress that representatives of the United States Gov9 ernment in exchanges with officials of the Government of

10 the People’s Republic of China should call for and other11 wise promote the cessation of all interference by the Gov12 ernment of the People’s Republic of China or the Com13 munist Party in the religious affairs of the Tibetan people.

14 Subtitle C—East Timor Transition

15 to Independence Act of 2001

16 SEC. 731. SHORT TITLE.

17 This subtitle may be cited as the ‘‘East Timor Tran18 sition to Independence Act of 2001’’.

19 SEC. 732. BILATERAL ASSISTANCE.

20 (a) AUTHORITY.—The President, acting through the

21 Administrator of the United States Agency for Inter22 national Development, is authorized to—

23 (1) support the development of civil society, in24 cluding nongovernmental organizations in East

25 Timor;
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1 (2) promote the development of an independent

2 news media;

3 (3) support job creation, including support for

4 small business and microenterprise programs, envi5 ronmental protection, sustainable development, de6 velopment of East Timor’s health care infrastruc7 ture, educational programs, and programs strength8 ening the role of women in society;

9 (4) promote reconciliation, conflict resolution,

10 and prevention of further conflict with respect to

11 East Timor, including establishing accountability for

12 past gross human rights violations;

13 (5) support the voluntary and safe repatriation

14 and reintegration of refugees into East Timor;

15 (6) support political party development, voter

16 education, voter registration, and other activities in

17 support of free and fair elections in East Timor; and

18 (7) promote the development of the rule of law.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—

20 (1) IN GENERAL.—There is authorized to be

21 appropriated to the President to carry out this sec22 tion $25,000,000 for each of the fiscal years 2002

23 and 2003.

24 (2) AVAILABILITY.—Amounts appropriated pur25 suant to the authorization of appropriations under
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1 paragraph (1) are authorized to remain available

2 until expended.

3 SEC. 733. MULTILATERAL ASSISTANCE.

4 The Secretary of the Treasury shall instruct the

5 United States executive director at each international fi6 nancial institution to which the United States is a member

7 to use the voice, vote, and influence of the United States

8 to support economic and democratic development in East

9 Timor.

10 SEC. 734. TRADE AND INVESTMENT ASSISTANCE.

11 (a) OPIC.—As soon as possible after the enactment

12 of this Act, the President of the Overseas Private Invest13 ment Corporation (OPIC) shall send a risk assessment

14 team to East Timor to determine if East Timor meets

15 OPIC’s human rights, environmental, and labor standards

16 so that OPIC can provide political risk insurance, project

17 finance loans, and investment funds for United States in18 vestments in East Timor as soon as East Timor becomes

19 independent.

20 (b) TRADE AND DEVELOPMENT AGENCY.—As soon

21 as possible after the enactment of this Act, the Director

22 of the Trade and Development Agency shall send an as23 sessment team to East Timor to conduct a feasibility

24 study in the agricultural, energy, and environmental sec25 tors, and any other sector proposed by the National Coun-
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1 cil of East Timor, to determine how United States invest2 ment can best assist East Timor’s development as soon

3 as East Timor becomes independent.

4 (c) EXPORT-IMPORT BANK.—Congress encourages

5 the Export-Import Bank of the United States to finance

6 or take other steps to increase exports to East Timor, in7 cluding providing financing to creditworthy private and

8 sovereign foreign buyers who wish to invest in East Timor

9 when private financing is unavailable.

10 SEC. 735. GENERALIZED SYSTEM OF PREFERENCES.

11 As soon as possible after the enactment of this Act,

12 the United States Trade Representative and the Commis13 sioner of Customs should send an assessment team to

14 East Timor to compile a list of duty-free eligible products

15 so that the Government of East Timor can begin the proc16 ess of applying for General System of Preference benefits

17 as soon as East Timor becomes independent.

18 SEC. 736. PEACE CORPS ACTIVITIES.

19 As soon as possible after the enactment of this Act,

20 the Director of the Peace Corps should send an assess21 ment team to East Timor with a view to establishing a

22 Peace Corps presence as soon as East Timor becomes

23 independent.

24 SEC. 737. SECURITY ASSISTANCE FOR EAST TIMOR.

25 (a) STUDY AND REPORT.—
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1 (1) STUDY.—The President shall conduct a

2 study to determine—

3 (A) the extent to which East Timor’s secu4 rity needs can be met by the transfer of excess

5 defense articles under section 516 of the For6 eign Assistance Act of 1961;

7 (B) the extent to which international mili8 tary education and training (IMET) assistance

9 will enhance professionalism of the armed

10 forces of East Timor, provide training in

11 human rights, and promote respect for human

12 rights and humanitarian law; and

13 (C) the terms and conditions under which

14 such defense articles or training, as appro15 priate, should be provided.

16 (2) REPORT.—Not later than 3 months after

17 the date of the enactment of this Act, the President

18 shall transmit to the appropriate congressional com19 mittees a report that contains the findings of the

20 study conducted under paragraph (1).

21 (b) AUTHORIZATION OF ASSISTANCE.—

22 (1) IN GENERAL.—Beginning on the date on

23 which Congress receives the report transmitted

24 under subsection (a)(2), or the date on which Con25 gress receives the certification transmitted under
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1 paragraph (2), whichever occurs later, the President

2 is authorized—

3 (A) to transfer excess defense articles

4 under section 516 of the Foreign Assistance

5 Act of 1961 (22 U.S.C. 2321j) to East Timor

6 in accordance with such section; and

7 (B) to provide military education and

8 training under chapter 5 of part II of such Act

9 (22 U.S.C. 2347 et seq.) for the armed forces

10 of East Timor in accordance with such chapter.

11 (2) CERTIFICATION.—A certification described

12 in this paragraph is a certification that—

13 (A) East Timor has established an inde14 pendent armed forces; and

15 (B) the assistance proposed to be provided

16 pursuant to paragraph (1)—

17 (i) is in the national security interests

18 of the United States; and

19 (ii) will promote both human rights in

20 East Timor and the professionalization of

21 the armed forces of East Timor.

22 SEC. 738. AUTHORIZATION OF UNITED STATES DIPLOMATIC

23 MISSION TO EAST TIMOR.

24 (a) IN GENERAL.—The President is authorized to es25 tablish a United States diplomatic mission to East Timor.
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1 (b) CHIEF OF DIPLOMATIC MISSION.—Any United

2 States diplomatic mission to East Timor shall be headed

3 by a chief of diplomatic mission, who shall be an individual

4 having no diplomatic responsibilities in Indonesia or any

5 other country except East Timor.

6 SEC. 739. REPORTING REQUIREMENT.

7 (a) IN GENERAL.—Not later than three months after

8 the date of enactment of this Act and every 12 months

9 thereafter, the Secretary shall prepare and transmit to the

10 appropriate congressional committees a report that con11 tains the information described in subsection (b).

12 (b) INFORMATION.—The report required by sub13 section (a) shall include—

14 (1) developments in East Timor’s political and

15 economic situation in the period covered by the re16 port, including an evaluation of any elections occur17 ring in East Timor and the refugee reintegration

18 process in East Timor;

19 (2) in the initial report, a 3-year plan for

20 United States foreign assistance to East Timor in

21 accordance with section 732, prepared by the Ad22 ministrator of the United States Agency for Inter23 national Development, which outlines the goals for

24 United States foreign assistance to East Timor dur25 ing the 3-year period;
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1 (3) a description of the activities undertaken in

2 East Timor by the International Bank for Recon3 struction and Development, the Asian Development

4 Bank, and other international financial institutions,

5 and an evaluation of the effectiveness of these activi6 ties;

7 (4) an assessment of the status of United

8 States trade and investment relations with East

9 Timor, including a detailed analysis of any trade

10 and investment-related activity supported by the

11 Overseas Private Investment Corporation, the Ex12 port-Import Bank of the United States, and the

13 Trade and Development Agency during the period of

14 time since the previous report;

15 (5) a comprehensive study and report on local

16 agriculture in East Timor, emerging opportunities

17 for producing, processing, and exporting indigenous

18 agricultural products, and recommendations for ap19 propriate technical assistance from the United

20 States; and

21 (6) statistical data drawn from other sources on

22 economic growth, health, education, and distribution

23 of resources in East Timor.
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1 Subtitle D—Reform of Certification

2 Procedures Applicable to Cer3 tain Drug Producing or Traf4 ficking Countries

5 SEC. 741. FINDINGS.

6 Congress makes the following findings:

7 (1) The international drug trade poses a direct

8 threat to the United States and to international ef9 forts to promote democracy, economic stability,

10 human rights, and the rule of law.

11 (2) The United States has a vital national in12 terest in combating the financial and other resources

13 of the multinational drug cartels, which resources

14 threaten the integrity of political and financial insti15 tutions both in the United States and abroad.

16 (3) Illegal drug use occurs among members of

17 every ethnic and socioeconomic group in the United

18 States.

19 (4) Worldwide drug trafficking generates reve20 nues estimated at $400,000,000,000 annually.

21 (5) The Single Convention on Narcotic Drugs,

22 1961, as amended by the 1972 Protocol Amending

23 the Single Convention on Narcotic Drugs, 1961, the

24 Convention on Psychotropic Substances, 1971, and

25 the United Nations Convention Against Illicit Traf-
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1 fic in Narcotic Drugs and Psychotropic Substances,

2 1988, provide the basic framework for international

3 drug control cooperation.

4 (6) The United Nations International Drug

5 Control Program, the International Narcotics Con6 trol Board, and the Organization of American States

7 can play important roles in facilitating the develop8 ment and implementation of more effective multilat9 eral programs to combat both domestic and inter10 national drug trafficking and consumption.

11 (7) The United States Government should con12 sider alternatives to, or improvements in, the annual

13 certification process required by section 490 of the

14 Foreign Assistance Act of 1961 (22 U.S.C. 2291j),

15 in order to foster more effective and consistent bilat16 eral and multilateral cooperation with United States

17 counternarcotics programs.

18 SEC. 742. THREE-YEAR MODIFICATION OF PROCEDURES

19 RELATING TO ASSISTANCE FOR MAJOR

20 DRUG-TRANSIT AND MAJOR ILLICIT DRUG

21 PRODUCING COUNTRIES.

22 (a) IN GENERAL.—Chapter 8 of part I of the Foreign

23 Assistance Act of 1961 (22 U.S.C. 2291 et seq.) is amend24 ed by adding at the end the following new section:
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1 ‘‘SEC. 490A. LIMITATIONS DURING FISCAL YEARS 2002, 2003,

2 AND 2004 ON ASSISTANCE FOR MAJOR DRUG3 TRANSIT AND MAJOR ILLICIT DRUG PRO4 DUCING COUNTRIES.

5 ‘‘(a) ANNUAL DETERMINATION OF MAJOR DRUG6 TRANSIT OR MAJOR ILLICIT DRUG PRODUCING COUN7 TRIES.—Not later than October 1 of 2001, 2002, and

8 2003, the President shall submit to the appropriate con9 gressional committees a report identifying each country

10 determined by the President to be a major drug-transit

11 country or major illicit drug producing country for the

12 purposes of this Act.

13 ‘‘(b) DESIGNATION OF COUNTRIES NOT ADHERING

14 TO INTERNATIONAL AGREEMENTS AND NOT MAKING

15 COUNTERNARCOTICS EFFORTS.—In each report under

16 subsection (a), the President shall also—

17 ‘‘(1) designate each country, if any, identified

18 in such report that has failed demonstrably, during

19 the previous 12 months, to make substantial

20 efforts—

21 ‘‘(A) to adhere to its obligations under

22 international counternarcotics agreements; and

23 ‘‘(B) to take the counternarcotics measures

24 set forth in section 489(a)(1); and

25 ‘‘(2) include a justification for each country so

26 designated.
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1 ‘‘(c) LIMITATION ON ASSISTANCE FOR DESIGNATED

2 COUNTRIES.—In the case of a country identified in a re3 port for a fiscal year under subsection (a) that is also des4 ignated under subsection (b) in the report for such fiscal

5 year, United States assistance may be provided to the

6 country in such fiscal year only if the President deter7 mines and reports to the appropriate congressional com8 mittees that—

9 ‘‘(1) provision of such assistance to the country

10 in such fiscal year is vital to the national interests

11 of the United States; or

12 ‘‘(2) commencing at any time after October 1

13 of such fiscal year, the country has made substantial

14 efforts—

15 ‘‘(A) to adhere to its obligations under

16 international counternarcotics agreements; and

17 ‘‘(B) to take the counternarcotics measures

18 set forth in section 489(a)(1).

19 ‘‘(d) INTERNATIONAL COUNTERNARCOTICS AGREE20 MENT DEFINED.—In this section, the term ‘international

21 counternarcotics agreement’ means—

22 ‘‘(1) the United Nations Convention Against Il23 licit Traffic in Narcotic Drugs and Psychotropic

24 Substances; or
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1 ‘‘(2) any bilateral or multilateral agreement in

2 force between the United States and another country

3 or countries that addresses issues relating to the

4 control of illicit drugs, such as—

5 ‘‘(A) the production, distribution, and

6 interdiction of illicit drugs,

7 ‘‘(B) demand reduction,

8 ‘‘(C) the activities of criminal organiza9 tions,

10 ‘‘(D) international legal cooperation among

11 courts, prosecutors, and law enforcement agen12 cies (including the exchange of information and

13 evidence),

14 ‘‘(E) the extradition of nationals and indi15 viduals involved in drug-related criminal activ16 ity,

17 ‘‘(F) the temporary transfer for prosecu18 tion of nationals and individuals involved in

19 drug-related criminal activity,

20 ‘‘(G) border security,

21 ‘‘(H) money laundering,

22 ‘‘(I) illicit firearms trafficking,

23 ‘‘(J) corruption,

24 ‘‘(K) control of precursor chemicals,

25 ‘‘(L) asset forfeiture, and
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1 ‘‘(M) related training and technical assist2 ance;

3 and includes, where appropriate, timetables and ob4 jective and measurable standards to assess the

5 progress made by participating countries with re6 spect to such issues.’’.

7 (b) RELATIONSHIP TO PERMANENT LAW.—

8 (1) LIMITATION ON APPLICABILITY.—Section

9 490 of the Foreign Assistance Act of 1961 (22

10 U.S.C. 2291j) is amended by adding at the end the

11 following new subsection:

12 ‘‘(i) LIMITATION ON APPLICABILITY.—This section

13 shall not apply during fiscal years 2002, 2003, and

14 2004.’’.

15 (2) STATUTORY CONSTRUCTION.—Nothing in

16 this Act, or any amendment made by this Act, su17 persedes or modifies the requirement in section

18 489(a) of the Foreign Assistance Act of 1961 for

19 the transmittal of a report not later than March 1

20 of each year under that section.

21 SEC. 743. SENSE OF CONGRESS ON ENHANCED INTER22 NATIONAL NARCOTICS CONTROL.

23 It is the sense of Congress that—

24 (1) many governments are extremely concerned

25 by the national security threat posed by illicit drug
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1 production, distribution, and consumption, and

2 crimes related thereto, particularly those in the

3 Western Hemisphere;

4 (2) an enhanced multilateral strategy should be

5 developed among drug producing, transit, and con6 suming nations designed to improve cooperation with

7 respect to the investigation and prosecution of drug

8 related crimes, and to make available information on

9 effective drug education and drug treatment;

10 (3) the United States should at the earliest fea11 sible date in 2001 convene a conference of represent12 atives of major illicit drug producing countries,

13 major drug-transit countries, and major money laun14 dering countries to present and review country-by15 country drug reduction and prevention strategies rel16 evant to the specific circumstances of each country,

17 and agree to a program and timetable for implemen18 tation of such strategies; and

19 (4) not later than one year after the date of en20 actment of this Act, the President should transmit

21 to Congress recommendations for any legislation

22 necessary to implement a proposed multilateral

23 strategy to achieve the goals referred to in para24 graph (2), including recommendations for any
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1 amendments to existing law that may be required to

2 implement that strategy.

3 SEC. 744. INCLUSION OF MAJOR FOREIGN DRUG TRAF4 FICKING ORGANIZATIONS IN INTER5 NATIONAL NARCOTICS CONTROL STRATEGY

6 REPORT.

7 Section 489 of the Foreign Assistance Act of 1961

8 (22 U.S.C. 2291h) is amended—

9 (1) in subsection (a), by adding after the flush

10 matter at the end of paragraph (7) the following

11 new paragraph (8):

12 ‘‘(8) The identity, to the extent consistent with

13 intelligence and law enforcement interests, of each

14 foreign organization determined by the President to

15 be a major drug trafficking organization, including

16 a description of the activities of such organization

17 during the two fiscal years preceding the fiscal year

18 of the report.’’; and

19 (2) by adding at the end the following new sub20 section:

21 ‘‘(c) DEFINITIONS.—In this section:

22 ‘‘(1) MAJOR DRUG TRAFFICKING ORGANIZA23 TION.—The term ‘major drug trafficking organiza24 tion’ means any organization engaged in substantial

25 amounts of illicit activity to cultivate, produce, man-
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1 ufacture, distribute, sell, finance, or transport nar2 cotic drugs, controlled substances, or listed chemi3 cals, engaged in money laundering or proceeds from

4 such activities, or that otherwise endeavors or at5 tempts to do so, or to assist, abet, conspire, or

6 collude with others to do so.

7 ‘‘(2) NARCOTIC DRUG, CONTROLLED SUB8 STANCE, LISTED CHEMICAL.—The terms ‘narcotic

9 drug’, ‘controlled substance’, and ‘listed chemical’

10 have the meanings given those terms in section 102

11 of the Controlled Substances Act (21 U.S.C. 802).’’.

12 SEC. 745. JUDICIAL REVIEW UNDER FOREIGN NARCOTICS

13 KINGPIN DESIGNATION ACT.

14 Section 805 of the Foreign Narcotics Kingpin Des15 ignation Act (title VIII of Public Law 106–120; 113 Stat.

16 1629; 21 U.S.C. 1904) is amended by striking subsection

17 (f).

18 Subtitle E—Clean Water for the

19 Americas Partnership

20 SEC. 751. SHORT TITLE.

21 This subtitle may be cited as the ‘‘Clean Water for

22 the Americas Partnership Act of 2001’’.

23 SEC. 752. DEFINITIONS.

24 In this subtitle:
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1 (1) JOINT PROJECT.—The term ‘‘joint project’’

2 means a project between a United States association

3 or nonprofit entity and a Latin American or Carib4 bean association or nongovernmental organization.

5 (2) LATIN AMERICAN OR CARIBBEAN NON6 GOVERNMENTAL ORGANIZATION.—The term ‘‘Latin

7 American or Caribbean nongovernmental organiza8 tion’’ includes any institution of higher education,

9 any private nonprofit entity involved in international

10 education activities, or any research institute or

11 other research organization, based in the region.

12 (3) REGION.—The term ‘‘region’’ refers to the

13 region comprised of the member countries of the Or14 ganization of American States (other than the

15 United States and Canada).

16 (4) UNITED STATES ASSOCIATION.—The term

17 ‘‘United States association’’ means a business league

18 described in section 501(c)(6) of the Internal Rev19 enue Code of 1986 (26 U.S.C. 501(c)(6)), and ex20 empt from taxation under section 501(a) of such

21 Code (26 U.S.C. 501(a)).

22 (5) UNITED STATES NONPROFIT ENTITY.—The

23 term ‘‘United States nonprofit entity’’ includes any

24 institution of higher education (as defined in section

25 101(a) of the Higher Education Act of 1965 (20
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1 U.S.C. 1001(a)), any private nonprofit entity in2 volved in international education activities, or any

3 research institute or other research organization,

4 based in the United States.

5 SEC. 753. ESTABLISHMENT OF PROGRAM.

6 The President is authorized to establish a program

7 which shall be known as the ‘‘Clean Water for the Amer8 icas Partnership’’.

9 SEC. 754. ENVIRONMENTAL ASSESSMENT.

10 The President is authorized to conduct a comprehen11 sive assessment of the environmental problems in the re12 gion to determine—

13 (1) which environmental problems threaten

14 human health the most, particularly the health of

15 the urban poor;

16 (2) which environmental problems are most

17 threatening, in the long-term, to the region’s natural

18 resources;

19 (3) which countries have the most pressing en20 vironmental problems; and

21 (4) whether and to what extent there is a mar22 ket for United States environmental technology,

23 practices, knowledge, and innovations in the region.
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1 SEC. 755. ESTABLISHMENT OF TECHNOLOGY AMERICA CEN2 TERS.

3 (a) AUTHORITY TO ESTABLISH.—The President, in

4 consultation with the Director General of the United

5 States and Foreign Commercial Service of the Department

6 of Commerce, is authorized to establish Technology Amer7 ica Centers (TEAMs) in the region to serve the entire re8 gion and, where appropriate, to establish TEAMs in urban

9 areas of the region to focus on urban environmental prob10 lems.

11 (b) FUNCTIONS.—The TEAMs would link United

12 States private sector environmental technology firms with

13 local partners, both public and private, by providing logis14 tic and information support to United States firms seeking

15 to find local partners and opportunities for environmental

16 projects. TEAMs should emphasize assisting United

17 States small businesses.

18 (c) LOCATION.—In determining whether to locate a

19 TEAM in a country, the President, in consultation with

20 the Director General of the United States and Foreign

21 Commercial Service of the Department of Commerce, shall

22 take into account the country’s need for logistic and infor23 mational support and the opportunities presented for

24 United States firms in the country. A TEAM may be lo25 cated in a country without regard to whether a mission
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1 of the United States Agency for International Develop2 ment is established in that country.

3 SEC. 756. PROMOTION OF WATER QUALITY, WATER TREAT4 MENT SYSTEMS, AND ENERGY EFFICIENCY.

5 Subject to the availability of appropriations, the

6 President is authorized to provide matching grants to

7 United States associations and United States nonprofit

8 entities for the purpose of promoting water quality, water

9 treatment systems, and energy efficiency in the region.

10 The grants shall be used to support joint projects, includ11 ing professional exchanges, academic fellowships, training

12 programs in the United States or in the region, coopera13 tion in regulatory review, development of training mate14 rials, the establishment and development in the region of

15 local chapters of the associations or nonprofit entities, and

16 the development of online exchanges.

17 SEC. 757. GRANTS FOR PREFEASIBILITY STUDIES WITHIN A

18 DESIGNATED SUBREGION.

19 (a) GRANT AUTHORITY.—

20 (1) IN GENERAL.—Subject to the availability of

21 appropriations, the Director of the Trade and Devel22 opment Agency is authorized to make grants for

23 prefeasibility studies for water projects in any coun24 try within a single subregion or in a single country

25 designated under paragraph (2).
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1 (2) DESIGNATION OF SUBREGION.—The Direc2 tor of the Trade and Development Agency shall des3 ignate in advance a single subregion or a single

4 country for purposes of paragraph (1).

5 (b) MATCHING REQUIREMENT.—The Director of the

6 Trade and Development Agency may not make any grant

7 under this section unless there are made available non8 Federal contributions in an amount equal to not less than

9 25 percent of the amount of Federal funds provided under

10 the grant.

11 (c) LIMITATION PER SINGLE PROJECT.—With re12 spect to any single project, grant funds under this section

13 shall be available only for the prefeasibility portion of that

14 project.

15 (d) DEFINITIONS.—In this section:

16 (1) PREFEASIBILITY.—The term

17 ‘‘prefeasibility’’ means, with respect to a project, not

18 more than 25 percent of the design phase of the

19 project.

20 (2) SUBREGION.—The term ‘‘subregion’’ means

21 an area within the region and includes areas such as

22 Central America, the Andean region, and the South23 ern cone.
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1 SEC. 758. CLEAN WATER TECHNICAL SUPPORT COM2 MITTEE.

3 (a) IN GENERAL.—The President is authorized to es4 tablish a Clean Water Technical Support Committee (in

5 this section referred to as the ‘‘Committee’’) to provide

6 technical support and training services for individual

7 water projects.

8 (b) COMPOSITION.—The Committee shall consist of

9 international investors, lenders, water service providers,

10 suppliers, advisers, and others with a direct interest in ac11 celerating development of water projects in the region.

12 (c) FUNCTIONS.—Members of the Committee shall

13 act as field advisers and may form specialized working

14 groups to provide in-country training and technical assist15 ance, and shall serve as a source of technical support to

16 resolve barriers to project development.

17 SEC. 759. AUTHORIZATION OF APPROPRIATIONS.

18 (a) IN GENERAL.—There are authorized to be appro19 priated to the President $10,000,000 for each of the fiscal

20 years 2002, 2003, and 2004 to carry out this subtitle.

21 (b) AVAILABILITY OF FUNDS.—Funds appropriated

22 pursuant to subsection (a) are authorized to remain avail23 able until expended.
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1 SEC. 760. REPORT.

2 Two years after the date of enactment of this Act,

3 the President shall submit a report to the appropriate con4 gressional committees containing—

5 (1) an assessment of the progress made in car6 rying out the program established under this sub7 title; and

8 (2) any recommendations for the enactment of

9 legislation to make changes in the program estab10 lished under this subtitle.

11 SEC. 761. TERMINATION DATE.

12 (a) IN GENERAL.—Except as provided in subsection

13 (b), the authorities of this subtitle shall terminate 3 years

14 after the date of establishment of the program described

15 in section 753.

16 (b) EXCEPTION.—In lieu of the termination date

17 specified in subsection (a), the termination required by

18 that subsection shall take effect five years after the date

19 of establishment of the program described in section 753

20 if, prior to the termination date specified in subsection (a),

21 the President determines and certifies to the appropriate

22 congressional committees that it would be in the national

23 interest of the United States to continue the program de24 scribed in such section 753 for an additional 2-year period.
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1 SEC. 762. EFFECTIVE DATE.

2 This subtitle shall take effect 90 days after the date

3 of enactment of this Act.

4 Subtitle F—Other Matters

5 SEC. 771. AMENDMENTS TO THE INTERNATIONAL RELI6 GIOUS FREEDOM ACT OF 1998.

7 (a) REVISED TERMINATION DATE OF COMMIS8 SION.—Section 209 of the International Religious Free9 dom Act of 1998 (22 U.S.C. 6436), is amended by striking

10 ‘‘May 14, 2003’’ and inserting ‘‘September 30, 2005’’.

11 (b) AUTHORIZATIONS OF APPROPRIATIONS.—Section

12 207(a) of such Act (22 U.S.C. 6435(a)) is amended by

13 inserting ‘‘for each of the fiscal years 2002 through 2005’’

14 after ‘‘$3,000,000’’.

15 (c) ELECTION OF CHAIR OF COMMISSION.—Section

16 201(d) of such Act (22 U.S.C. 6431(d)) is amended by

17 striking ‘‘in each calendar’’ and inserting ‘‘after May 30

18 of each’’.

19 (d) VACANCIES.—Section 201(g) of such Act (22

20 U.S.C. 6431(g)) is amended by adding at the end the fol21 lowing: ‘‘A member may serve after the expiration of that

22 member’s term until a successor has taken office. Any

23 member appointed to fill a vacancy occurring before the

24 expiration of the term for which the member’s predecessor

25 was appointed shall be appointed only for the remainder

26 of that term.’’.
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1 (e) VIOLATIONS OF RELIGIOUS FREEDOM.—Section

2 102(b)(1)(B) of such Act (22 U.S.C. 6412(b)(1)(B)) is

3 amended by inserting ‘‘the existence of discriminatory gov4 ernment policies such as sect filters,’’ after ‘‘the existence

5 of government policies violating religious freedom,’’.

6 SEC. 772. EXTENSION OF AUTHORITY FOR CAUCUS ON

7 INTERNATIONAL NARCOTICS CONTROL.

8 Section 814(i) of the Foreign Relations Authorization

9 Act, Fiscal Years 1986 and 1987 (Public Law 99–93) is

10 amended by striking ‘‘2002’’ and inserting ‘‘2005’’.

11 SEC. 773. HUMAN RIGHTS AND DEMOCRACY FUND.

12 (a) ESTABLISHMENT OF FUND.—There is estab13 lished a Human Rights and Democracy Fund (in this sec14 tion referred to as the ‘‘Fund’’) to be administered by the

15 Assistant Secretary of State for Democracy, Human

16 Rights, and Labor.

17 (b) PURPOSES OF FUND.—The purposes of the Fund

18 are—

19 (1) to support defenders of human rights;

20 (2) to assist the victims of human rights viola21 tions;

22 (3) to respond to human rights emergencies;

23 (4) to promote and encourage the growth of de24 mocracy, including the support for nongovernmental

25 organizations in other countries; and
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1 (5) to carry out such other related activities as

2 are consistent with paragraphs (1) through (4).

3 (c) FUNDING.—

4 (1) IN GENERAL.—Of the amounts made avail5 able to carry out chapter 1 and chapter 10 of part

6 I of the Foreign Assistance Act of 1961 and chapter

7 4 of part II of such Act for each of the fiscal years

8 2002 and 2003, $20,000,000 for each such fiscal

9 year is authorized to be made available only to the

10 Fund for carrying out the purposes described in sub11 section (b).

12 (2) ALLOCATION OF FUNDS FOR THE DOCU13 MENTATION CENTER OF CAMBODIA.—Of the

14 amounts authorized to be made available to the

15 Fund under paragraph (1) for fiscal years 2002 and

16 2003, $1,000,000 is authorized to be available for

17 each such fiscal year only for the Documentation

18 Center of Cambodia for the purpose of collecting,

19 cataloguing, and disseminating information about

20 the atrocities committed by the Khmer Rouge

21 against the Cambodian people.

22 (3) FATHER JOHN KAISER MEMORIAL FUND.—

23 Of the amounts authorized to be made available to

24 the Fund under paragraph (1) for fiscal years 2002

25 and 2003, $500,000 is authorized to be available for
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1 each such fiscal year to advance the extraordinary

2 work and values of Father John Kaiser with respect

3 to solving ethnic conflict and promoting government

4 accountability and respect for human rights.

5 Amounts made available under this paragraph may

6 be referred to as the ‘‘Father John Kaiser Memorial

7 Fund’’.

8 SEC. 774. REPORTS ON ACTIONS TAKEN BY THE UNITED

9 STATES TO ENCOURAGE RESPECT FOR

10 HUMAN RIGHTS.

11 (a) SECTION 116 REPORT.—Section 116(d) of the

12 Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is

13 amended—

14 (1) in paragraph (7), by striking ‘‘and’’ at the

15 end and inserting a semicolon;

16 (2) in paragraph (8), by striking the period at

17 the end and inserting ‘‘; and’’; and

18 (3) by adding at the end the following:

19 ‘‘(9) for each country with respect to which a

20 determination has been made that extrajudicial

21 killings, torture, or other serious violations of human

22 rights have occurred in the country, the extent to

23 which the United States has taken or will take ac24 tion to encourage an end to such practices in the

25 country.’’.
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1 (b) SECTION 502B REPORT.—Section 502B(b) of the

2 Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is

3 amended by inserting after the fourth sentence the fol4 lowing: ‘‘Such report shall also include, for each country

5 with respect to which a determination has been made that

6 extrajudicial killings, torture, or other serious violations

7 of human rights have occurred in the country, the extent

8 to which the United States has taken or will take action

9 to encourage an end to such practices in the country.’’.

10 SEC. 775. PROGRAM TO IMPROVE BUILDING CONSTRUC11 TION AND PRACTICES IN LATIN AMERICAN

12 COUNTRIES.

13 (a) IN GENERAL.—The President is authorized,

14 under such terms and conditions as the President may de15 termine, to carry out a program to improve building con16 struction and practices in Latin American countries (in

17 this section referred to as the ‘‘program’’).

18 (b) PROGRAM DESCRIPTION.—

19 (1) IN GENERAL.—The program shall be in the

20 form of grants to, or contracts with, organizations

21 described in paragraph (2) to support the following

22 activities:

23 (A) TRAINING.—The training of selected

24 professionals in the public and private sectors

25 in eligible Latin American countries in all ele-
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1 ments of building and housing codes and stand2 ards.

3 (B) TRANSLATION.—The translation into

4 Spanish of publications of the organizations de5 scribed in paragraph (2) that set forth codes

6 and standards with respect to building and

7 housing, including zoning, egress, fire and life

8 safety, plumbing, sewage, sanitation, electrical

9 installation, mechanical installation, structural

10 engineering, and seismic design.

11 (2) COVERED ORGANIZATIONS.—The organiza12 tions described in this paragraph include the Amer13 ican Society for Testing and Materials (ASTM), Un14 derwriters Laboratories (UL), the American Society

15 of Mechanical Engineers (ASME), the American So16 ciety of Civil Engineers (ASCE), the American Soci17 ety of Heating, Refrigerating, and Air Conditioning

18 Engineers (ASHRAE), the International Association

19 of Plumbing and Mechanical Officials (IAPMO), the

20 International Code Council (ICC), the National Fire

21 Protection Association (NFPA International), and

22 other similarly qualified organizations

23 (c) IMPLEMENTATION.—The program under this sec24 tion shall be implemented by a not-for-profit standards de25 velopment organization, as defined in OMB Circular
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1 A119. The implementing organization shall have experi2 ence in providing Spanish language translations, edu3 cation, and training in building codes and standards.

4 (d) ELIGIBLE LATIN AMERICAN COUNTRIES DE5 FINED.—In this section, the term ‘‘eligible Latin Amer6 ican countries’’ means Ecuador, El Salvador, and such

7 other Latin American countries as the President may des8 ignate.

9 SEC. 776. SUPPORT FOR ACCOUNTABILITY OF PERSONS

10 COMMITTING WAR CRIMES AND OTHER

11 HUMAN RIGHTS ABUSES IN SIERRA LEONE.

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that—

14 (1) individuals most responsible for war crimes

15 committed in Sierra Leone should be held account16 able for their actions, regardless of where those indi17 viduals may reside;

18 (2) notwithstanding internal political agree19 ments made by the Government of Sierra Leone or

20 the withholding of United States funds from the

21 United Nations for other purposes, the United

22 States should support the Truth and Reconciliation

23 Commission in Sierra Leone, including through as24 sistance in the collection of human rights data rel25 evant to the Commission’s work; and
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1 (3) Congress will consider authorizing the pay2 ment of rewards to individuals furnishing informa3 tion relating to persons subject to indictment for se4 rious violations of international humanitarian law in

5 Sierra Leone through the rewards program for infor6 mation aiding the prosecution of persons responsible

7 for war crimes.

8 (b) ALLOCATION OF FUNDS.—Of the total amount

9 authorized to be appropriated by sections 103(a)(1) and

10 103(b) for the fiscal years 2002 and 2003, there is author11 ized to be available $5,000,000 each such fiscal year to

12 support the Special Court for Sierra Leone.

13 SEC. 777. TRANSFER OF PROSCRIBED WEAPONS TO PER14 SONS OR ENTITIES IN THE WEST BANK AND

15 GAZA.

16 (a) DETERMINATION REGARDING TRANSFERS.—If

17 the President determines, based on a preponderance of the

18 evidence, that a foreign person or entity has knowingly

19 transferred proscribed weapons to Palestinian entities in

20 the West Bank or Gaza, then, for the period specified in

21 subsection (b), no assistance may be provided to the per22 son or entity under part II of the Foreign Assistance Act

23 of 1961 and no sales of defense articles or defense services

24 may be made to the person or entity under section 23 of

25 the Arms Export Control Act.
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1 (b) DURATION OF PROHIBITION.—The period re2 ferred to in subsection (a) is the period commencing on

3 the date on which a notification of a determination under

4 subsection (a) is submitted to the appropriate congres5 sional committees and ending on the date that is two years

6 after such date.

7 (c) REPORT.—In conjunction with the report re8 quired under title VIII of the P.L.O. Commitments Com9 pliance Act of 1989 (Public Law 101–246), the President

10 shall submit a report to the appropriate congressional

11 committees on transfers reviewed pursuant to subsection

12 (a).

13 (d) DEFINITION.—In this section, the term ‘‘pro14 scribed weapons’’ means arms, ammunition, and equip15 ment the transfer of which is not in compliance with the

16 Agreement on the Gaza Strip and the Jericho Area of May

17 4, 1994, its annexes, or subsequent agreements between

18 Israel and the PLO, or Palestinian Authority, as appro19 priate.

20 SEC. 778. SENSE OF CONGRESS RELATING TO GLOBAL

21 WARMING.

22 (a) FINDINGS.—Congress makes the following find23 ings:

24 (1) Evidence continues to build that increases

25 in atmospheric concentrations of man-made green-
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1 house gases are contributing to global climate

2 change.

3 (2) The Intergovernmental Panel on Climate

4 Change (IPCC) has concluded that ‘‘there is new

5 and stronger evidence that most of the warming ob6 served over the last 50 years is attributable to

7 human activities’’ and that the Earth’s average tem8 perature can be expected to rise between 2.5 and

9 10.4 degrees Fahrenheit in this century.

10 (3) The National Academy of Sciences con11 firmed the findings of the Intergovernmental Panel

12 on Climate Change, stating that ‘‘the IPCC’s conclu13 sion that most of the observed warming of the last

14 50 years is likely to have been due to the increase

15 of greenhouse gas concentrations accurately reflects

16 the current thinking of the scientific community on

17 this issue’’ and that ‘‘there is general agreement

18 that the observed warming is real and particularly

19 strong within the past twenty years’’.

20 (4) The Intergovernmental Panel on Climate

21 Change has stated that in the last 40 years the glob22 al average sea level has risen, ocean heat content

23 has increased, and snow cover and ice extent have

24 decreased, which threatens to inundate low-lying is-
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1 land nations and coastal regions throughout the

2 world.

3 (5) The Environmental Protection Agency has

4 found that global warming may harm the United

5 States by altering crop yields, accelerating sea level

6 rise, and increasing the spread of tropical infectious

7 diseases.

8 (6) In 1992, the United States ratified the

9 United Nations Framework Convention of Climate

10 Change, done at New York on May 9, 1992, the ul11 timate objective of which is the ‘‘stabilization of

12 greenhouse gas concentrations in the atmosphere at

13 a level that would prevent dangerous anthropogenic

14 interference with the climate system’’, and which

15 stated in part ‘‘the Parties to the Convention are to

16 implement policies with the aim of returning . . . to

17 their 1990 levels anthropogenic emissions of carbon

18 dioxide and other greenhouse gases’’.

19 (7) There is a shared international responsi20 bility to address this problem, as industrial nations

21 are the largest historic and current emitters of

22 greenhouse gases and developing nations’ emissions

23 will significantly increase in the future.

24 (8) The United Nations Framework Convention

25 on Climate Change further states that ‘‘developed
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1 country Parties should take the lead in combating

2 climate change and the adverse effects thereof’’, as

3 these nations are the largest historic and current

4 emitters of greenhouse gases.

5 (9) Senate Resolution 98 of July 1997, which

6 expressed that developing nations, especially the

7 largest emitters, must also be included in any fu8 ture, binding climate change treaty and that such a

9 treaty must not result in serious harm to the United

10 States economy, should not cause the United States

11 to abandon its shared responsibility to help find a

12 solution to the global climate change dilemma.

13 (10) American businesses need to know how

14 governments worldwide will respond to the threat of

15 global warming.

16 (11) The United States has benefited and will

17 continue to benefit from investments in the research,

18 development, and deployment of a range of clean en19 ergy and efficiency technologies that can mitigate

20 global warming and that can make the United

21 States economy more productive, bolster energy se22 curity, create jobs, and protect the environment.

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that the United States should demonstrate inter25 national leadership and responsibility in mitigating the
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1 health, environmental, and economic threats posed by

2 global warming by—

3 (1) taking responsible action to ensure signifi4 cant and meaningful reductions in emissions of

5 greenhouse gases from all sectors;

6 (2) creating flexible international and domestic

7 mechanisms, including joint implementation, tech8 nology deployment, emissions trading, and carbon

9 sequestration projects that will reduce, avoid, and

10 sequester greenhouse gas emissions; and

11 (3) participating in international negotiations,

12 including putting forth a proposal at the next meet13 ing of the Conference of the Parties, with the objec14 tive of securing United States’ participation in a re15 vised Kyoto Protocol or other future binding climate

16 change agreements in a manner—

17 (A) that is consistent with the environ18 mental objectives of the United Nations Frame19 work Convention on Climate Change; and

20 (B) that protects the economic interests of

21 the United States and recognizes the shared

22 international responsibility for addressing cli23 mate change, including developing country par24 ticipation.
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1 SEC. 779. SENSE OF CONGRESS RELATING TO ENVIRON2 MENTAL CONTAMINATION AND OTHER AD3 VERSE HEALTH EFFECTS IN THE PHIL4 IPPINES EMANATING FROM FORMER UNITED

5 STATES MILITARY FACILITIES.

6 It is the sense of the Congress that—

7 (1) the Secretary, in cooperation with the Sec8 retary of Defense, should continue to work with the

9 Government of the Philippines and with appropriate

10 nongovernmental organizations in the United States

11 and the Philippines to fully identify and share all

12 relevant information concerning environmental con13 tamination and other adverse health effects ema14 nating from former United States military facilities

15 in the Philippines following departure of the United

16 States military forces from the Philippines in 1992;

17 (2) the United States and the Government of

18 the Philippines should continue to build upon the

19 agreements outlined in the Joint Statement by the

20 United States and the Republic of the Philippines on

21 a Framework for Bilateral Cooperation in the Envi22 ronment and Public Health signed on July 27, 2000;

23 and

24 (3) Congress should encourage an objective

25 nongovernmental study which would examine envi26 ronmental contamination and other adverse health
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1 effects emanating from former United States mili2 tary facilities in the Philippines following departure

3 of United States military forces from the Philippines

4 in 1992.

5 SEC. 780. SENSE OF CONGRESS ON BOLIVIA.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) Bolivia has made significant progress in

9 combating illegal drug production and drug traf10 ficking activities occurring within its borders.

11 (2) The success of Bolivia’s efforts has caused

12 disruptions within its economy, including the dis13 placement of persons and the loss of employment.

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that Bolivia should receive in fiscal year 2002 an

16 amount of United States assistance that is not less than

17 the total amount of United States assistance (including

18 economic support fund assistance, international drug con19 trol assistance, and other assistance) that Bolivia received

20 in fiscal year 2001.

21 SEC. 781. SENSE OF CONGRESS ON RETURN OF PORTRAITS

22 OF HOLOCAUST VICTIMS TO THE ARTIST

23 DINA BABBITT.

24 (a) FINDINGS.—Congress finds that—
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1 (1) Dina Babbitt (formerly known as Dinah

2 Gottliebova), a United States citizen now in her late

3 70s, has requested the return of watercolor portraits

she painted while suffering a 11 4 ⁄2-year-long intern5 ment at the Auschwitz death camp during World

6 War II;

7 (2) Dina Babbitt was ordered to paint the por8 traits by the infamous war criminal Dr. Josef

9 Mengele;

10 (3) Dina Babbitt’s life, and her mother’s life,

11 were spared only because she painted portraits of

12 doomed inmates of Auschwitz-Birkenau, under or13 ders from Dr. Josef Mengele;

14 (4) these paintings are currently in the posses15 sion of the Auschwitz-Birkenau State Museum;

16 (5) Dina Babbitt is unquestionably the rightful

17 owner of the artwork, since the paintings were pro18 duced by her own talented hands as she endured the

19 unspeakable conditions that existed at the Auschwitz

20 death camp;

21 (6) the artwork is not available for the public

22 to view at the Auschwitz-Birkenau State Museum

23 and therefore this unique and important body of

24 work is essentially lost to history; and
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1 (7) this continued injustice can be righted

2 through cooperation between agencies of the United

3 States and Poland.

4 (b) SENSE OF CONGRESS.—Congress—

5 (1) recognizes the moral right of Dina Babbitt

6 to obtain the artwork she created, and recognizes

7 her courage in the face of the evils perpetrated by

8 the Nazi command of the Auschwitz-Birkenau death

9 camp, including the atrocities committed by Dr.

10 Josef Mengele;

11 (2) urges the President to make all efforts nec12 essary to retrieve the 7 watercolor portraits Dina

Babbitt painted, while suffering a 11 13 ⁄2-year-long in14 ternment at the Auschwitz death camp, and return

15 them to her;

16 (3) urges the Secretary to make immediate dip17 lomatic efforts to facilitate the transfer of the 7

18 original watercolors painted by Dina Babbitt from

19 the Auschwitz-Birkenau State Museum to Dina Bab20 bitt, their rightful owner;

21 (4) urges the Government of Poland to imme22 diately facilitate the return to Dina Babbitt of the

23 artwork painted by her that is now in the possession

24 of the Auschwitz-Birkenau State Museum; and
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1 (5) urges the officials of the Auschwitz2 Birkenau State Museum to transfer the 7 original

3 paintings to Dina Babbitt as expeditiously as pos4 sible.

Calendar No. 149

107TH CONGRESS

1ST SESSION S. 1401

[Report No. 107–60]

A BILL

To authorize appropriations for the Department of

State and for United States international broadcasting activities for fiscal years 2002 and 2003,and for other purposes.

SEPTEMBER 4, 2001

Read twice and placed on the calendar