I

107TH CONGRESS

1ST SESSION H. R. 1646

To authorize appropriations for the Department of State for fiscal years

2002 and 2003, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 27, 2001

Mr. HYDE (for himself and Mr. LANTOS) introduced the following bill; which

was referred to the Committee on International Relations

A BILL

To authorize appropriations for the Department of State

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’’.

6 SEC. 2. TABLE OF CONTENTS.

7 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
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Sec. 101. Administration of foreign affairs.

Sec. 102. International commissions.

Sec. 103. United States educational and cultural programs.

Sec. 104. Contributions to international organizations.

Sec. 105. Contributions for international peacekeeping activities.

Sec. 106. Grants to the Asia Foundation.

Sec. 107. Voluntary contributions to international organizations.

Sec. 108. Migration and refugee assistance.

Subtitle B—United States International Broadcasting Operations

Sec. 121. Authorizations of appropriations.

TITLE II—AUTHORITIES AND ACTIVITIES OF THE DEPARTMENT

OF STATE

Subtitle A—Basic Authorities and Activities

Sec. 201. Continuation of reporting requirements.

Sec. 202. Continuation of other reports.

Sec. 203. Report concerning elimination of Colombian opium.

Sec. 204. Repeal of provision regarding housing for foreign agricultural attache.

Sec. 205. Human rights monitoring.

Sec. 206. Correction of Fishermen’s Protective Act of 1967.

Sec. 207. International litigation fund.

Sec. 208. Emergency evacuation services.

Sec. 209. Withholding of funding until submission of report on Cuban emigration policies.

Sec. 210. Implementation of the Intercountry Adoption Act of 2000.

Sec. 211. Report concerning the effect of Plan Colombia on Ecuador.

Subtitle B—Consular Authorities

Sec. 231. Machine readable visas.

Sec. 232. Establishment of a consular branch office in Lhasa, Tibet.

Sec. 233. Establishment of a diplomatic or consular post in Equatorial Guinea.

Sec. 234. Processing of visa applications.

Sec. 235. United States policy with respect to Jerusalem as the capital of

Israel.

Subtitle C—Migration and Refugees

Sec. 251. United States policy regarding the involuntary return of refugees.

Sec. 252. Report on overseas refugee processing.

TITLE III—ORGANIZATION AND PERSONNEL OF THE

DEPARTMENT OF STATE

Subtitle A—Organizational Matters

Sec. 301. Report on workforce plan.

Sec. 302. ‘‘Rightsizing’’ overseas posts.

Sec. 303. Qualifications of certain officers of the Department of State.

Sec. 304. United States Special Coordinator for Tibetan Issues.

Subtitle B—Personnel Matters
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Sec. 331. Report concerning retired members of the foreign service and civil

service who are registered agents of a government of a foreign

country.

Sec. 332. Tibetan language training.

Sec. 333. Dependents on family visitation travel.

Sec. 334. Thomas Jefferson Star.

Sec. 335. Health education and disease prevention programs.

Sec. 336. Training authorities.

Sec. 337. Foreign national retirement plans.

Sec. 338. Presidential rank awards.

Sec. 339. Emergency medical advance payments.

Sec. 340. Unaccompanied air baggage.

Sec. 341. Special agent authorities.

Sec. 342. Report concerning minority employment.

TITLE IV—UNITED STATES EDUCATIONAL AND CULTURAL

PROGRAMS OF THE DEPARTMENT OF STATE

Sec. 401. Extension of requirement for scholarships for Tibetans and Burmese.

Sec. 402. Nonprofit entities for cultural programming.

Sec. 403. Fulbright-Hays authorities.

Sec. 404. Ethical issues in international health research.

TITLE V—UNITED STATES INTERNATIONAL BROADCASTING

ACTIVITIES

Sec. 501. Eliminating staff positions for the Advisory Board for Cuba Broadcasting.

Sec. 502. Reports on broadcasting personnel.

TITLE VI—INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

Sec. 601. United Nations arrears payments and reform.

Sec. 602. Travel by advisory committee members to Great Lakes Fishery Commission annual meeting.

Sec. 603. United States policy on composition of the United Nations Human

Rights Commission.

Sec. 604. United States membership in the International Organization for Migration.

TITLE VII—MISCELLANEOUS PROVISIONS

Subtitle A—General Provisions

Sec. 701. Amendments to the Iran Nonproliferation Act of 2000.

Sec. 702. Amendments to the North Korea Threat Reduction Act of 1999.

Sec. 703. Amendments to the International Religious Freedom Act of 1998.

Sec. 704. Continuation of United States Advisory Commission on Public Diplomacy.

Sec. 705. Participation of South Asia countries in international law enforcement academies.

Subtitle B—Sense of Congress Provisions

Sec. 731. Sense of congress relating to HIV/AIDS and United Nations peacekeeping operations.

Sec. 732. Sense of congress relating to HIV/AIDS task force.
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Sec. 733. Sense of congress condemning the destruction of pre-islamic statues

in Afghanistan by the Taliban regime.

Sec. 734. Sense of congress relating to resolution of the Taiwan Strait issue.

Sec. 735. Sense of congress relating to arsenic contamination in drinking

water in Bangladesh.

Sec. 736. Sense of congress relating to display of the American flag at the

American Institute in Taiwan.

Sec. 737. Sense of congress regarding human rights violations in West Papua

and Acheh, including the murder of Jafar Siddiq Hamzah, and

escalating violence in Maluku and Central Kalimantan.

TITLE VIII—SECURITY ASSISTANCE

Sec. 801. Short title.

Subtitle A—Military and Related Assistance

CHAPTER 1—FOREIGN MILITARY SALES AND FINANCING AUTHORITIES

Sec. 811. Official reception and representation expenses.

Sec. 812. Quarterly report on price and availability estimates.

CHAPTER 2—EXCESS DEFENSE ARTICLE AND DRAWDOWN AUTHORITIES

Sec. 821. Excess defense articles for certain European and other countries.

Sec. 822. Annual report on projected availability of excess defense articles.

Sec. 823. Expanded drawdown authority.

Sec. 824. Leases of defense articles for foreign countries and international organizations.

CHAPTER 3—NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

Sec. 831. International counterproliferation education and training.

Sec. 832. Annual report on the proliferation of missiles and essential components of nuclear, biological, and chemical weapons.

Sec. 833. Five-year international arms control and nonproliferation strategy.

Subtitle B—Strengthening the Munitions Licensing Process

Sec. 841. License officer staffing.

Sec. 842. Funding for database automation.

Sec. 843. Information management priorities.

Sec. 844. Improvements to the Automated Export System.

Sec. 845. Congressional notification of removal of items from the Munitions

List.

Sec. 846. Congressional notification thresholds for allied countries.

Subtitle C—Authority to Transfer Naval Vessels

Sec. 851. Authority to transfer naval vessels to certain foreign countries.

Subtitle D—Miscellaneous Provisions

Sec. 861. Annual foreign military training reports.

Sec. 862. Report relating to International Arms Sales Code of Conduct.
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1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on International Re6 lations of the House of Representatives and the

7 Committee on Foreign Relations of the Senate.

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

9 means the Department of State.

10 (3) SECRETARY.—The term ‘‘Secretary’’ means

11 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 of State under ‘‘Administra18 tion of Foreign Affairs’’ to carry out the authorities, func19 tions, duties, and responsibilities in the conduct of the for20 eign affairs of the United States and for other purposes

21 authorized by law, including public diplomacy activities

22 and the diplomatic security program:

23 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

24 (A) AUTHORIZATION OF APPROPRIA25 TIONS.—For ‘‘Diplomatic and Consular Pro26 grams’’ of the Department of State,
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1 $3,705,140,000 for the fiscal year 2002 and

2 such sums as may be necessary for the fiscal

3 year 2003.

4 (B) LIMITATIONS.—

5 (i) WORLDWIDE SECURITY UP6 GRADES.—Of the amounts authorized to be

7 appropriated by subparagraph (A),

8 $487,735,000 for the fiscal year 2002 and

9 such sums as may be necessary for the fis10 cal year 2003 are authorized to be appro11 priated only for worldwide security up12 grades.

13 (ii) BUREAU OF DEMOCRACY, HUMAN

14 RIGHTS, AND LABOR.—Of the amounts au15 thorized to be appropriated by subpara16 graph (A), $16,000,000 for the fiscal year

17 2002 and $20,000,000 for the fiscal year

18 2003 are authorized to be appropriated

19 only for salaries and expenses of the Bu20 reau of Democracy, Human Rights, and

21 Labor.

22 (iii) RECRUITMENT OF MINORITY

23 GROUPS.—Of the amounts authorized to be

24 appropriated by subparagraph (A),

25 $2,000,000 for the fiscal year 2002 and
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1 $2,000,000 for the fiscal year 2003 are au2 thorized to be appropriated only for the re3 cruitment of members of minority groups

4 for careers in the Foreign Service and

5 international affairs.

6 (iv) MOBILE LIBRARY FOR UNITED

7 STATES INTERESTS SECTION IN CUBA.—

8 Of the amounts authorized to be appro9 priated by subparagraph (A), $70,000 for

10 the fiscal year 2002 and $70,000 for the

11 fiscal year 2003 are authorized to be ap12 propriated only for the establishment and

13 operation of a mobile library at the United

14 States Interests Section in Cuba primarily

15 for use by dissidents and democracy activ16 ists in Cuba.

17 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap18 ital Investment Fund’’ of the Department of State,

19 $210,000,000 for the fiscal year 2002 and such

20 sums as may be necessary for the fiscal year 2003.

21 (3) EMBASSY SECURITY, CONSTRUCTION AND

22 MAINTENANCE.—In addition to amounts otherwise

23 authorized to be appropriated for ‘‘Embassy Secu24 rity, Construction and Maintenance’’ by section 604

25 of the Admiral James W. Nance and Meg Donovan
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1 Foreign Relations Authorization Act, Fiscal Years

2 2000 and 2001 (section 604 of division A of H.R.

3 3427, as enacted into law by section 1000(a)(7) of

4 Public Law 106–113; appendix G; 113 Stat. 1501A–

5 470), there are authorized to be appropriated for

6 ‘‘Embassy Security, Construction and Maintenance’’,

7 $475,046,000 for the fiscal year 2002 and such

8 sums as may be necessary for the fiscal year 2003.

9 (4) REPRESENTATION ALLOWANCES.—For

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

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

12 2003.

13 (5) EMERGENCIES IN THE DIPLOMATIC AND

14 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip15 lomatic and Consular Service’’, $15,500,000 for the

16 fiscal year 2002 and $15,500,000 for the fiscal year

17 2003.

18 (6) OFFICE OF THE INSPECTOR GENERAL.—

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

20 for the fiscal year 2002 and such sums as may be

21 necessary for the fiscal year 2003.

22 (7) PAYMENT TO THE AMERICAN INSTITUTE IN

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

24 in Taiwan’’, $17,044,000 for the fiscal year 2002
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1 and such sums as may be necessary for the fiscal

2 year 2003.

3 (8) PROTECTION OF FOREIGN MISSIONS AND

4 OFFICIALS.—

5 (A) AMOUNTS AUTHORIZED TO BE APPRO6 PRIATED.—For ‘‘Protection of Foreign Missions

7 and Officials’’, $10,000,000 for the fiscal year

8 2002 and $10,000,000 for the fiscal year 2003.

9 (B) AVAILABILITY OF FUNDS.—Each

10 amount appropriated pursuant to this para11 graph is authorized to remain available through

12 September 30 of the fiscal year following the

13 fiscal year for which the amount was appro14 priated.

15 (9) REPATRIATION LOANS.—For ‘‘Repatriation

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

17 $1,219,000 for the fiscal year 2003, for administra18 tive expenses.

19 SEC. 102. INTERNATIONAL COMMISSIONS.

20 The following amounts are authorized to be appro21 priated under ‘‘International Commissions’’ for the De22 partment of State to carry out the authorities, functions,

23 duties, and responsibilities in the conduct of the foreign

24 affairs of the United States and for other purposes author25 ized by law:
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1 (1) INTERNATIONAL BOUNDARY AND WATER

2 COMMISSION, UNITED STATES AND MEXICO.—For

3 ‘‘International Boundary and Water Commission,

4 United States and Mexico’’—

5 (A) for ‘‘Salaries and Expenses’’,

6 $7,452,000 for the fiscal year 2002 and such

7 sums as may be necessary for the fiscal year

8 2003; and

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

10 the fiscal year 2002 and such sums as may be

11 necessary for the fiscal year 2003.

12 (2) INTERNATIONAL BOUNDARY COMMISSION,

13 UNITED STATES AND CANADA.—For ‘‘International

14 Boundary Commission, United States and Canada’’,

15 $989,000 for the fiscal year 2002 and such sums as

16 may be necessary for the fiscal year 2003.

17 (3) INTERNATIONAL JOINT COMMISSION.—For

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

19 the fiscal year 2002 and such sums as may be nec20 essary for the fiscal year 2003.

21 (4) INTERNATIONAL FISHERIES COMMIS22 SIONS.—For ‘‘International Fisheries Commissions’’,

23 $19,780,000 for the fiscal year 2002 and such sums

24 as may be necessary for the fiscal year 2003.
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1 SEC. 103. UNITED STATES EDUCATIONAL AND CULTURAL

2 PROGRAMS.

3 The following amounts are authorized to be appro4 priated for the Department of State to carry out inter5 national activities and educational and cultural exchange

6 programs under the United States Information and Edu7 cational Exchange Act of 1948, the Mutual Educational

8 and Cultural Exchange Act of 1961, Reorganization Plan

9 Number 2 of 1977, the Center for Cultural and Technical

10 Interchange Between East and West Act of 1960, the

11 Dante B. Fascell North-South Center Act of 1991, and

12 the National Endowment for Democracy Act, and to carry

13 out other authorities in law consistent with such purposes:

14 (1) EDUCATIONAL AND CULTURAL EXCHANGE

15 PROGRAMS.—

16 (A) FULBRIGHT ACADEMIC EXCHANGE

17 PROGRAMS.—

18 (i) IN GENERAL.—For the ‘‘Fulbright

19 Academic Exchange Programs’’ (other

20 than programs described in subparagraph

21 (B)), $125,000,000 for the fiscal year

22 2002 and such sums as may be necessary

23 for the fiscal year 2003.

24 (ii) NEW CENTURY SCHOLARS INITIA25 TIVE—HIV/AIDS.—Of the amounts author26 ized to be appropriated under clause (i), up
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1 to $1,000,000 for the fiscal year 2002 and

2 up to $1,000,000 for the fiscal year 2003

3 are authorized to be available only for

4 HIV/AIDS research and mitigation strate5 gies under the Health Issues in a Border6 Less World academic program of the New

7 Century Scholars Initiative.

8 (B) OTHER EDUCATIONAL AND CULTURAL

9 EXCHANGE PROGRAMS.—

10 (i) IN GENERAL.—For other edu11 cational and cultural exchange programs

12 authorized by law, $117,000,000 for the

13 fiscal year 2002 and such sums as may be

14 necessary for the fiscal year 2003.

15 (ii) SOUTH PACIFIC EXCHANGES.—Of

16 the amounts authorized to be appropriated

17 under clause (i), $750,000 for the fiscal

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

19 2003 are authorized to be available for

20 ‘‘South Pacific Exchanges’’.

21 (iii) EAST TIMORESE SCHOLAR22 SHIPS.—Of the amounts authorized to be

23 appropriated under clause (i), $500,000

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

25 the fiscal year 2003 are authorized to be
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1 available for ‘‘East Timorese Scholar2 ships’’.

3 (iv) TIBETAN EXCHANGES.—Of the

4 amounts authorized to be appropriated

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

6 year 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 educational and cul10 tural exchanges with Tibet) under section

11 103(a) of the Human Rights, Refugee, and

12 Other Foreign Relations Provisions Act of

13 1996 (Public Law 104–319).

14 (v) AFRICAN EXCHANGES.—Of the

15 amounts authorized to be appropriated

16 under clause (i), $500,000 for the fiscal

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

18 2003 are authorized to be available only

19 for ‘‘Educational and Cultural Exchanges

20 with Sub-Saharan Africa’’.

21 (vi) ISRAEL-ARAB PEACE PARTNERS

22 PROGRAM.—Of the amounts authorized to

23 be appropriated under clause (i), $750,000

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

25 the fiscal year 2003 are authorized to be
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1 available only for people-to-people activities

2 (with a focus on young people) to support

3 the Middle East peace process involving

4 participants from Israel, the Palestinian

5 Authority, Arab countries, and the United

6 States, to be known as the ‘‘Israel-Arab

7 Peace Partners Program’’.

8 (vii) SUDANESE SCHOLARSHIPS.—Of

9 the amounts authorized to be appropriated

10 under clause (i), $500,000 for the fiscal

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

12 2003 are authorized to be available only

13 for scholarships for students from southern

14 Sudan for secondary or postsecondary edu15 cation in the United States, to be known

16 as ‘‘Sudanese Scholarships’’.

17 (2) NATIONAL ENDOWMENT FOR DEMOC18 RACY.—For the ‘‘National Endowment for Democ19 racy’’, $36,000,000 for the fiscal year 2002 and

20 $40,000,000 for the fiscal year 2003.

21 (3) REAGAN-FASCELL DEMOCRACY FELLOWS.—

22 For a fellowship program, to be known as the

23 ‘‘Reagan-Fascell Democracy Fellows’’, for democ24 racy activists and scholars from around the world at

25 the International Forum for Democratic Studies in
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1 Washington, D.C., to study, write, and exchange

2 views with other activists and scholars and with

3 Americans, $1,000,000 for the fiscal year 2002 and

4 $1,000,000 for the fiscal year 2003.

5 (4) DANTE B. FASCELL NORTH-SOUTH CEN6 TER.—For ‘‘Dante B. Fascell North-South Center’’

7 $4,000,000 for the fiscal year 2002 and $4,000,000

8 for the fiscal year 2003.

9 (5) 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’’, $13,500,000 for the fiscal

13 year 2002 and $13,500,000 for the fiscal year 2003.

14 SEC. 104. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA15 TIONS.

16 (a) AUTHORIZATION OF APPROPRIATIONS.—

17 (1) IN GENERAL.—There are authorized to be

18 appropriated under the heading ‘‘Contributions to

19 International Organizations’’ $878,767,000 for the

20 fiscal year 2002 and such sums as may be necessary

21 for the fiscal year 2003 for the Department of State

22 to carry out the authorities, functions, duties, and

23 responsibilities in the conduct of the foreign affairs

24 of the United States with respect to international or-
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1 ganizations and to carry out other authorities in law

2 consistent with such purposes.

3 (2) AVAILABILITY OF FUNDS FOR CIVIL BUDG4 ET OF NATO.—Of the amounts authorized to be ap5 propriated under the heading ‘‘Contributions to

6 International Organizations’’ for fiscal year 2002

7 and for each fiscal year thereafter such sums as may

8 be necessary are authorized for the United States

9 assessment for the civil budget of the North Atlantic

10 Treaty Organization.

11 (b) PROHIBITION ON FUNDING OTHER FRAMEWORK

12 TREATY-BASED ORGANIZATIONS.—None of the funds

13 made available for the 2002–2003 biennium budget under

14 subsection (a) for United States contributions to the reg15 ular budget of the United Nations shall be available for

16 the United States proportionate share of any other frame17 work treaty-based organization, including the Framework

18 Convention on Global Climate Change, the International

19 Seabed Authority, and the International Criminal Court.

20 (c) FOREIGN CURRENCY EXCHANGE RATES.—

21 (1) AUTHORIZATION OF APPROPRIATIONS.—In

22 addition to amounts authorized to be appropriated

23 by subsection (a), there are authorized to be appro24 priated such sums as may be necessary for each of
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1 fiscal years 2002 and 2003 to offset adverse fluctua2 tions in foreign currency exchange rates.

3 (2) AVAILABILITY OF FUNDS.—Amounts appro4 priated under this subsection shall be available for

5 obligation and expenditure only to the extent that

6 the Director of the Office of Management and Budg7 et determines and certifies to Congress that such

8 amounts are necessary due to such fluctuations.

9 (d) REFUND OF EXCESS CONTRIBUTIONS.—The

10 United States shall continue to insist that the United Na11 tions and its specialized and affiliated agencies shall credit

12 or refund to each member of the agency concerned its pro13 portionate share of the amount by which the total con14 tributions to the agency exceed the expenditures of the

15 regular assessed budgets of these agencies.

16 SEC. 105. CONTRIBUTIONS FOR INTERNATIONAL PEACE17 KEEPING ACTIVITIES.

18 There are authorized to be appropriated under the

19 heading ‘‘Contributions for International Peacekeeping

20 Activities’’ $844,139,000 for the fiscal year 2002 and such

21 sums as may be necessary for the fiscal year 2003 for

22 the Department of State to carry out the authorities, func23 tions, duties, and responsibilities in the conduct of the for24 eign affairs of the United States with respect to inter-
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1 national peacekeeping activities and to carry out other au2 thorities in law consistent with such purposes.

3 SEC. 106. GRANTS TO THE ASIA FOUNDATION.

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

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

6 as follows:

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

8 to the Secretary of State $15,000,000 for the fiscal year

9 2002 and $15,000,000 for the fiscal year 2003 for grants

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

11 SEC. 107. VOLUNTARY CONTRIBUTIONS TO INTER12 NATIONAL ORGANIZATIONS.

13 (a) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated for the Department of

15 State for ‘‘Voluntary Contributions to International Orga16 nizations’’, $186,000,000 for the fiscal year 2002 and

17 such sums as may be necessary for the fiscal year 2003.

18 (b) LIMITATIONS ON AUTHORIZATIONS OF APPRO19 PRIATIONS.—

20 (1) WORLD FOOD PROGRAM.—Of the amounts

21 authorized to be appropriated under subsection (a),

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

23 for the fiscal year 2003 are authorized to be appro24 priated only for a United States contribution to the

25 World Food Program.
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1 (2) UNITED NATIONS VOLUNTARY FUND FOR

2 VICTIMS OF TORTURE.—Of the amounts authorized

3 to be appropriated under subsection (a), $5,000,000

4 for the fiscal year 2002 and $5,000,000 for the fis5 cal year 2003 are authorized to be appropriated only

6 for a United States contribution to the United Na7 tions Voluntary Fund for Victims of Torture.

8 (3) ORGANIZATION OF AMERICAN STATES.—Of

9 the amounts authorized to be appropriated under

10 subsection (a), $240,000 for the fiscal year 2002

11 and $240,000 for the fiscal year 2003 are author12 ized to be appropriated only for a United States con13 tribution to the Organization of American States for

14 the Office of the Special Rapporteur for Freedom of

15 Expression in the Western Hemisphere, solely for

16 the purpose of conducting investigations, including

17 field visits, to establish a network of nongovern18 mental organizations, and to hold hemispheric con19 ferences, of which $6,000 for each fiscal year is au20 thorized to be appropriated only for the investigation

21 and dissemination of information on violations of

22 freedom of expression by the Government of Cuba,

23 $6,000 for each fiscal year is authorized to be ap24 propriated only for the investigation and dissemina25 tion of information on violations of freedom of ex-
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1 pression by the Government of Peru, $6,000 for

2 each fiscal year is authorized to be appropriated only

3 for the investigation and dissemination of informa4 tion on violations of freedom of expression by the

5 Government of Colombia, and $6,000 for each fiscal

6 year is authorized to be appropriated only for the in7 vestigation and dissemination of information on vio8 lations of freedom of expression by the Government

9 of Haiti.

10 (c) RESTRICTIONS ON UNITED STATES VOLUNTARY

11 CONTRIBUTIONS TO UNITED NATIONS DEVELOPMENT

12 PROGRAM.—

13 (1) LIMITATION.—Of the amounts made avail14 able under subsection (a) for each of the fiscal years

15 2002 and 2003 for United States voluntary con16 tributions to the United Nations Development Pro17 gram an amount equal to the amount the United

18 Nations Development Program will spend in Burma

19 during each fiscal year shall be withheld unless dur20 ing such fiscal year the Secretary of State submits

21 to the appropriate congressional committees the cer22 tification described in paragraph (2).

23 (2) CERTIFICATION.—The certification referred

24 to in paragraph (1) is a certification by the Sec25 retary of State that all programs and activities of
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1 the United Nations Development Program (including

2 United Nations Development Program—Adminis3 tered Funds) in Burma—

4 (A) are focused on eliminating human suf5 fering and addressing the needs of the poor;

6 (B) are undertaken only through inter7 national or private voluntary organizations that

8 have been deemed independent of the State

9 Peace and Development Council (SPDC) (for10 merly known as the State Law and Order Res11 toration Council (SLORC)), after consultation

12 with the leadership of the National League for

13 Democracy and the leadership of the National

14 Coalition Government of the Union of Burma;

15 (C) provide no financial, political, or mili16 tary benefit to the SPDC; and

17 (D) are carried out only after consultation

18 with the leadership of the National League for

19 Democracy and the leadership of the National

20 Coalition Government of the Union of Burma.

21 (d) UNICEF.—There is authorized to be appro22 priated $120,000,000 for the fiscal year 2002 for a United

23 States voluntary contribution to UNICEF.

24 (e) ORGANIZATIONS AND PROGRAMS THAT SUPPORT

25 COERCIVE ABORTION OR INVOLUNTARY STERILIZA-
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1 TION.—None of the funds authorized to be appropriated

2 by this Act may be made available to any organization

3 or program which, as determined by the President of the

4 United States, supports, or participates in the manage5 ment of, a program of coercive abortion or involuntary

6 sterilization.

7 (f) AVAILABILITY OF FUNDS.—Amounts authorized

8 to be appropriated under subsection (a) are authorized to

9 remain available until expended.

10 SEC. 108. MIGRATION AND REFUGEE ASSISTANCE.

11 (a) MIGRATION AND REFUGEE ASSISTANCE.—

12 (1) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated for the De14 partment of State for ‘‘Migration and Refugee As15 sistance’’ for authorized activities, $817,000,000 for

16 the fiscal year 2002 and $817,000,000 for the fiscal

17 year 2003.

18 (2) LIMITATIONS.—

19 (A) TIBETAN REFUGEES IN INDIA AND

20 NEPAL.—Of the amounts authorized to be ap21 propriated in paragraph (1), $2,000,000 for the

22 fiscal year 2002 and $2,000,000 for the fiscal

23 year 2003 are authorized to be available for hu24 manitarian assistance, including food, medicine,

25 clothing, and medical and vocational training,
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1 to Tibetan refugees in India and Nepal who

2 have fled Chinese-occupied Tibet.

3 (B) REFUGEES RESETTLING IN ISRAEL.—

4 Of the amounts authorized to be appropriated

5 in paragraph (1), $60,000,000 for the fiscal

6 year 2002 and $60,000,000 for the fiscal year

7 2003 are authorized to be available only for as8 sistance for refugees resettling in Israel from

9 other countries.

10 (C) HUMANITARIAN ASSISTANCE FOR DIS11 PLACED BURMESE.—Of the amounts authorized

12 to be appropriated in paragraph (1),

13 $2,000,000 for the fiscal year 2002 and

14 $2,000,000 for the fiscal year 2003 are author15 ized to be available for humanitarian assistance

16 (including food, medicine, clothing, and medical

17 and vocational training) to persons displaced as

18 a result of civil conflict in Burma, including

19 persons still within Burma.

20 (b) AVAILABILITY OF FUNDS.—Funds appropriated

21 pursuant to this section are authorized to remain available

22 until expended.
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1 Subtitle B—United States Inter2 national Broadcasting Activities

3 SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.

4 (a) IN GENERAL.—The following amounts are au5 thorized to be appropriated to carry out the United States

6 International Broadcasting Act of 1994, the Radio Broad7 casting to Cuba Act, and the Television Broadcasting to

8 Cuba Act, and to carry out other authorities in law con9 sistent with such purposes:

10 (1) INTERNATIONAL BROADCASTING OPER11 ATIONS.—

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

13 Broadcasting Operations’’, $428,234,000 for

14 the fiscal year 2002, and such sums as may be

15 necessary for the fiscal year 2003.

16 (B) LIMITATIONS.—

17 (i) TRANSMISSION FACILITIES IN

18 BELIZE.—Of the amounts authorized to be

19 appropriated under subparagraph (A),

20 $750,000 for the fiscal year 2002 is au21 thorized to be appropriated only for en22 hancements of the transmission facilities in

23 Belize.

24 (ii) BROADCASTING TO CUBA.—Of the

25 amounts authorized to be appropriated
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1 under subparagraph (A), $25,000,000 for

2 the fiscal year 2002 and $25,000,000 for

3 the fiscal year 2003 are authorized to be

4 appropriated only for ‘‘Broadcasting to

5 Cuba’’.

6 (iii) RADIO FREE ASIA.—Of the

7 amounts authorized to be appropriated

8 under subparagraph (A), $30,000,000 for

9 the fiscal year 2002 and $30,000,000 for

10 the fiscal year 2003 are authorized to be

11 appropriated only for ‘‘Radio Free Asia’’.

12 (2) BROADCASTING CAPITAL IMPROVE13 MENTS.—For ‘‘Broadcasting Capital Improve14 ments’’, $16,900,000 for the fiscal year 2002 and

15 such sums as may be necessary for the fiscal year

16 2003.

17 (b) CONTINUATION OF ADDITIONAL AUTHORIZATION

18 FOR BROADCASTING TO THE PEOPLE’S REPUBLIC OF

19 CHINA AND NEIGHBORING COUNTRIES.—Section 701 of

20 Public Law 106–286 (22 U.S.C. 7001) is amended—

21 (1) in subsection (a) by striking ‘‘2001’’ and in22 serting ‘‘2002’’; and

23 (2) in subsection (b)(1) by striking ‘‘2001 and

24 2002’’ and inserting ‘‘2001, 2002, and 2003’’.
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1 (c) ADDITIONAL AUTHORIZATION OF APPROPRIA2 TIONS FOR MIDDLE EAST RADIO NETWORK OF VOICE OF

3 AMERICA.—In addition to such amounts as are made

4 available for the Middle East Radio Network of Voice of

5 America pursuant to the authorization of appropriations

6 under subsection (a), there is authorized to be appro7 priated $15,000,000 for the fiscal year 2002 for the Mid8 dle East Radio Network of Voice of America.

9 TITLE II—AUTHORITIES AND AC10 TIVITIES OF THE DEPART11 MENT OF STATE

12 Subtitle A—Basic Authorities and

13 Activities

14 SEC. 201. CONTINUATION OF REPORTING REQUIREMENTS.

15 (a) REPORTS ON CLAIMS BY UNITED STATES FIRMS

16 AGAINST THE GOVERNMENT OF SAUDI ARABIA.—Section

17 2801(b)(1) of the Foreign Affairs Reform and Restruc18 turing Act of 1998 (as enacted by division G of the Omni19 bus Consolidated and Emergency Supplemental Appro20 priations Act, 1999; Public Law 105–277) is amended by

21 striking ‘‘seventh’’ and inserting ‘‘eleventh’’.

22 (b) REPORTS ON DETERMINATIONS UNDER TITLE

23 IV OF THE LIBERTAD ACT.—Section 2802(a) of the For24 eign Affairs Reform and Restructuring Act of 1998 (as

25 enacted by division G of the Omnibus Consolidated and
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1 Emergency Supplemental Appropriations Act, 1999; Pub2 lic Law 105–277) is amended by striking ‘‘September 30,

3 2001,’’ and inserting ‘‘September 30, 2003,’’.

4 (c) RELATIONS WITH VIETNAM.—Section 2805 of

5 the Foreign Affairs Reform and Restructuring Act of

6 1998 (as enacted by division G of the Omnibus Consoli7 dated and Emergency Supplemental Appropriations Act,

8 1999; Public Law 105–277) is amended by striking ‘‘Sep9 tember 30, 2001,’’ and inserting ‘‘September 30, 2003,’’.

10 (d) REPORTS ON BALLISTIC MISSILE COOPERATION

11 WITH RUSSIA.—Section 2705(d) of the Foreign Affairs

12 Reform and Restructuring Act of 1998 (as enacted by di13 vision G of the Omnibus Consolidated and Emergency

14 Supplemental Appropriations Act, 1999; Public Law 105–

15 277) is amended by striking ‘‘and January 1, 2001,’’ and

16 inserting ‘‘January 1, 2001, January 1, 2002, and Janu17 ary 1, 2003’’.

18 SEC. 202. CONTINUATION OF OTHER REPORTS.

19 (a) SEMIANNUAL REPORTS ON UNITED STATES

20 SUPPORT FOR MEMBERSHIP OR PARTICIPATION OF

21 TAIWAN IN INTERNATIONAL ORGANIZATIONS.—Sec22 tion 704(a) of the Admiral James W. Nance and

23 Meg Donovan Foreign Relations Authorization Act,

24 Fiscal Years 2000 and 2001 (section 704(a) of divi25 sion A of H.R. 3427, as enacted into law by section
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1 1000(a)(7) of Public Law 106–113, appendix G;

2 113 Stat. 1501A–460) is amended by striking ‘‘and

3 2001,’’ and inserting ‘‘2001, 2002, and 2003,’’.

4 (b) REPORT ON TERRORIST ACTIVITY IN

5 WHICH UNITED STATES CITIZENS WERE KILLED

6 AND RELATED MATTERS.—Section 805(a) of the

7 Admiral James W. Nance and Meg Donovan For8 eign Relations Authorization Act, Fiscal Years 2000

9 and 2001 (section 805(a) of division A of H.R.

10 3427, as enacted into law by section 1000(a)(7) of

11 Public Law 106–113; appendix G; 113 Stat. 1501A–

12 470) is amended by striking ‘‘October 1, 2001,’’ and

13 inserting ‘‘October 1, 2003,’’.

14 SEC. 203. REPORT CONCERNING ELIMINATION OF COLOM15 BIAN OPIUM.

16 (a) FINDINGS.—The Congress makes the following

17 findings:

18 (1) There is a growing heroin crisis in the

19 United States resulting from increasingly cheap,

20 pure, and deadly heroin flooding into this country,

21 much of it from Colombia.

22 (2) Interdicting heroin entering the United

23 States is difficult, in part because it can be traf24 ficked in such small quantities.
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1 (3) Destruction of opium, from which heroin is

2 derived, at its source in Colombia is traditionally one

3 of the best strategies to combat the heroin crisis ac4 cording to Federal law enforcement officials.

5 (b) REPORT TO CONGRESS.—Not later than 60 days

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

7 of State, through the Bureau of International Narcotics

8 and Law Enforcement, shall submit to the Congress a re9 port which outlines a comprehensive strategy to address

10 the crisis of heroin in the United States due to opium orig11 inating from Colombia including destruction of opium at

12 its source.

13 SEC. 204. REPEAL OF PROVISION REGARDING HOUSING

14 FOR FOREIGN AGRICULTURAL ATTACHE.

15 Section 738 of the Agriculture, Rural Development,

16 Food and Drug Administration, and Related Agencies Ap17 propriations Act, 2001 (as enacted into law by Public Law

18 106–387; 114 Stat. 1549A–34) is repealed.

19 SEC. 205. HUMAN RIGHTS MONITORING.

20 Funds authorized to be appropriated for the Bureau

21 of Democracy, Human Rights, and Labor pursuant to sec22 tion 101(1)(B)(ii) are authorized to be available to fund

23 positions at United States posts abroad that are primarily

24 responsible for following human rights developments in

25 foreign countries and that are assigned at the rec-
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1 ommendation of such bureau in conjunction with the rel2 evant regional bureau.

3 SEC. 206. CORRECTION OF FISHERMEN’S PROTECTIVE ACT

4 OF 1967.

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

6 1967 (22 U.S.C. 1977(A)(3)) is amended by striking

7 ‘‘Secretary of Commerce’’ and inserting ‘‘Secretary of

8 State’’.

9 SEC. 207. INTERNATIONAL LITIGATION FUND.

10 Section 38 of the State Department Basic Authorities

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

12 the end the following new subsection:

13 ‘‘(e) RETENTION OF FUNDS..—

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

15 of the United States Government in preparing or

16 prosecuting a claim against a foreign government or

17 other foreign entity, the Secretary of State shall re18 tain 1.5 percent of any amount between $100,000

19 and $5,000,000, and one percent of any amount

20 over $5,000,000, received per claim under chapter

21 34 of the Act of February 27, 1896 (22 U.S.C.

22 2668a; 29 Stat. 32).

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

24 the authority of paragraph (1) shall be deposited

25 into the fund under subsection (d).’’.
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1 SEC. 208. EMERGENCY EVACUATION SERVICES.

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

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

4 amended to read as follows:

5 ‘‘(A) the evacuation when their lives are endan6 gered by war, civil unrest, or natural disaster of (i)

7 United States Government employees and their de8 pendents, and (ii) private United States citizens or

9 third-country nationals, on a reimbursable basis to

10 the extent feasible, with such reimbursements to be

11 credited to the applicable Department of State ap12 propriation and to remain available until expended.

13 No reimbursement shall be required which is greater

14 than the amount the person evacuated would have

15 been charged for a commercial air fare at the lowest

16 rate available immediately prior to the onset of the

17 war, civil unrest, or natural disaster giving rise to

18 the evacuation.’’.

19 SEC. 209. WITHHOLDING OF FUNDING UNTIL SUBMISSION

20 OF REPORT ON CUBAN EMIGRATION POLI21 CIES.

22 (a) IN GENERAL.—Notwithstanding any other provi23 sion of law, none of the funds authorized to be appro24 priated by this Act are authorized to be made available

25 for the operation of the United States Interests Section

26 in Cuba and the Office of Cuban Affairs of the Depart-
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1 ment of State until the Department of State is in compli2 ance with section 2245 of the Foreign Relations Author3 ization Act, Fiscal Years 1998 and 1999 (division G of

4 Public Law 105–277).

5 (b) EFFECTIVE DATE.—Subsection (a) shall take ef6 fect 60 days after the date of the enactment of this Act.

7 SEC. 210. IMPLEMENTATION OF THE INTERCOUNTRY ADOP8 TION ACT OF 2000.

9 The Secretary of State, acting through the Assistant

10 Secretary of State for Consular Affairs, shall consult with

11 the appropriate congressional committees on a regular

12 basis on the implementation of the Intercountry Adoption

13 Act of 2000 (Public Law 106–279; 42 U.S.C. 14901 et

14 seq.).

15 SEC. 211. REPORT CONCERNING THE EFFECT OF PLAN CO16 LOMBIA ON ECUADOR.

17 (a) FINDINGS.— The Congress makes the following

18 findings:

19 (1) There is a growing alarm concerning the

20 spillover effect of Plan Colombia on Ecuador, a

21 frontline state. The northern region of Ecuador, in22 cluding the Sucumbios province, is an area of par23 ticular concern. It faces the Colombian Putumayo

24 zone, where there is no presence of military or law

25 enforcement personnel.
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1 (2) Activities relating to the implementation of

2 Plan Colombia have resulted in incursions on Ecua3 dorian territory by drug traffickers and guerrilla and

4 paramilitary groups from Colombia and a concomi5 tant increase in the levels of violence and delin6 quency. Recent kidnappings of American and other

7 foreign nationals, as well as discoveries of clandes8 tine cocaine laboratories, are especially troublesome.

9 (3) Ecuador is receiving an influx of Colombian

10 refugees and its own indigenous communities have

11 been displaced from their ancestral villages.

12 (4) Ecuador has demonstrated its moral and

13 political commitment in the fight against drugs. The

14 agreement signed in November 1999 with the

15 United States to establish a forward operating loca16 tion in Manta is a clear sign of this active stance.

17 (5) Ecuador is implementing a comprehensive

18 program aimed at reinforcing its security mecha19 nisms in the northern border, as well as converting

20 the area into a buffer zone of peace and develop21 ment.

22 (b) REPORT TO CONGRESS.— Not later than 60 days

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

24 State, through the Bureau of International Narcotics and

25 Law Enforcement, shall submit to Congress a report
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1 which outlines a comprehensive strategy to address the

2 spillover effect of Plan Colombia on Ecuador.

3 Subtitle B—Consular Authorities

4 SEC. 231. MACHINE READABLE VISAS.

5 Section 140(a) of the Foreign Relations Authoriza6 tion Act, Fiscal Years 1994 and 1995 (8 U.S.C. 1351

7 note) is amended in the first sentence of paragraph (3)—

8 (1) by striking ‘‘2001, and 2002,’’ and insert9 ing ‘‘2001, 2002, and 2003,’’; and

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

11 year 2002’’ and inserting ‘‘$414,000,000 for fiscal

12 year 2002, and $422,000,000 for fiscal year 2003,’’.

13 SEC. 232. ESTABLISHMENT OF A CONSULAR BRANCH OF14 FICE IN LHASA, TIBET.

15 The Secretary of State shall make best efforts to es16 tablish a branch office in Lhasa, Tibet, of the United

17 States Consulate General in Chengdu, People’s Republic

18 of China, to monitor political, economic, and cultural de19 velopments in Tibet.

20 SEC. 233. ESTABLISHMENT OF A DIPLOMATIC OR CON21 SULAR POST IN EQUATORIAL GUINEA.

22 The Secretary of State shall establish a diplomatic

23 or consular post in Equatorial Guinea.
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1 SEC. 234. PROCESSING OF VISA APPLICATIONS.

2 It shall be the policy of the Department of State to

3 process immigrant visa applications of immediate relatives

4 of United States citizens and nonimmigrant K–1 visa ap5 plications of fiances of United States citizens within 30

6 days of the receipt of all necessary documents from the

7 applicant and the Immigration and Naturalization Service.

8 In the case of an immigrant visa application where the

9 sponsor of such applicant is a relative other than an imme10 diate relative, it should be the policy of the Department

11 of State to process such an application within 60 days of

12 the receipt of all necessary documents from the applicant

13 and the Immigration and Naturalization Service.

14 SEC. 235. UNITED STATES POLICY WITH RESPECT TO JERU15 SALEM AS THE CAPITAL OF ISRAEL.

16 (a) CONGRESSIONAL STATEMENT OF POLICY.—The

17 Congress maintains its commitment to relocating the

18 United States Embassy in Israel to Jerusalem and urges

19 the President, pursuant to the Jerusalem Embassy Act

20 of 1995 (Public Law 104–45; 109 Stat. 398), to imme21 diately begin the process of relocating the United States

22 Embassy in Israel to Jerusalem.

23 (b) LIMITATION ON USE OF FUNDS FOR CONSULATE

24 IN JERUSALEM.—None of the funds authorized to be ap25 propriated by this Act may be expended for the operation

26 of a United States consulate or diplomatic facility in Jeru-
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1 salem unless such consulate or diplomatic facility is under

2 the supervision of the United States Ambassador to Israel.

3 (c) LIMITATION ON USE OF FUNDS FOR PUBLICA4 TIONS.—None of the funds authorized to be appropriated

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

6 official government document which lists countries and

7 their capital cities unless the publication identifies Jeru8 salem as the capital of Israel.

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

10 PASSPORT PURPOSES.—For purposes of the registration

11 of birth, certification of nationality, or issuance of a pass12 port of a United States citizen born in the city of Jeru13 salem, the Secretary of State shall, upon the request of

14 the citizen or the citizen’s legal guardian, record the place

15 of birth as Israel.

16 Subtitle C—Migration and

17 Refugees

18 SEC. 251. UNITED STATES POLICY REGARDING THE INVOL19 UNTARY RETURN OF REFUGEES.

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

21 by this Act or by section 2(c) of the Migration and Ref22 ugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be

23 available to effect the involuntary return by the United

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

25 a well-founded fear of persecution on account of race, reli-
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1 gion, nationality, membership in a particular social group,

2 or political opinion, except on grounds recognized as pre3 cluding protection as a refugee under the United Nations

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

5 1951, and the Protocol Relating to the Status of Refugees

6 of January 31, 1967, subject to the reservations contained

7 in the United States Senate Resolution of Ratification.

8 (b) MIGRATION AND REFUGEE ASSISTANCE.—None

9 of the funds made available by this Act or by section 2(c)

10 of the Migration and Refugee Assistance Act of 1962 (22

11 U.S.C. 2601(c)) shall be available to effect the involuntary

12 return of any person to any country unless the Secretary

13 of State first notifies the appropriate congressional com14 mittees, except that in the case of an emergency involving

15 a threat to human life the Secretary of State shall notify

16 the appropriate congressional committees as soon as prac17 ticable.

18 (c) INVOLUNTARY RETURN DEFINED.—As used in

19 this section, the term ‘‘to effect the involuntary return’’

20 means to require, by means of physical force or cir21 cumstances amounting to a threat thereof, a person to re22 turn to a country against the person’s will, regardless of

23 whether the person is physically present in the United

24 States and regardless of whether the United States acts

25 directly or through an agent.
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1 SEC. 252. REPORT ON OVERSEAS REFUGEE PROCESSING.

2 (a) REPORT ON OVERSEAS REFUGE PROCESSING.—

3 Not later than 90 days after the date of the enactment

4 of this Act, the Secretary shall provide to the appropriate

5 congressional committees a report on overseas processing

6 of refugees for admission to the United States.

7 (b) CONTENTS.—The report shall include the fol8 lowing detailed information:

9 (1) United States procedures for the identifica10 tion of refugees who are particularly vulnerable or

11 whose individual circumstances otherwise suggest an

12 urgent need for resettlement, including the extent to

13 which the Department now insists on referral by the

14 United Nations High Commissioner for Refugees as

15 a prerequisite to consideration of such refugees for

16 resettlement in the United States, together with a

17 plan for the expanded use of alternatives to such re18 ferral, including the use of field-based nongovern19 mental organizations to identify refugees in urgent

20 need of resettlement.

21 (2) The extent to which the Department makes

22 use in overseas refugee processing of the designation

23 of groups of refugees who are of special concern to

24 the United States, together with the reasons for any

25 decline in such use over the last 10 years and a plan
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1 for making more generous use of such categories in

2 the future.

3 (3) The extent to which the United States cur4 rently provides opportunities for resettlement in the

5 United States of individuals who are close family

6 members of citizens or lawful residents of the United

7 States, together with the reasons for any decline in

8 the extent of such provision over the last 10 years

9 and a plan for expansion of such opportunities in

10 the future.

11 (4) The extent to which opportunities for reset12 tlement in the United States are currently provided

13 to ‘‘urban refugees’’ and others who do not currently

14 reside in refugee camps, together with a plan for in15 creasing such opportunities, particularly for refugees

16 who are in urgent need of resettlement, who are

17 members of refugee groups of special interest to the

18 United States, or who are close family members of

19 United States citizens or lawful residents.

20 (5) The Department’s assessment of the feasi21 bility and desirability of modifying the Department’s

22 current list of refugee priorities to create an addi23 tional category for refugees whose need for resettle24 ment is based on a long period of residence in a ref25 ugee camp with no immediate prospect of safe and
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1 voluntary repatriation to their country of origin or

2 last permanent residence.

3 (6) The extent to which the Department uses

4 private voluntary agencies to assist in the identifica5 tion of refugees for admission to the United States,

6 including the Department’s assessment of the advan7 tages and disadvantages of private voluntary agen8 cies, the reasons for any decline in the Department’s

9 use of voluntary agencies over the last 10 years, and

10 a plan for the expanded use of such agencies.

11 (7) The extent to which the per capita reception

12 and placement grant to voluntary agencies assisting

13 in resettlement of refugees has kept up over the last

14 10 years with the cost to such agencies of providing

15 such services.

16 (8) An estimate of the cost of each change in

17 current practice or procedure discussed in the re18 port, together with an estimate of any increase in

19 the annual refugee admissions ceiling that would be

20 necessary to implement each change.
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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 of State shall submit to the appropriate congressional

9 committees a comprehensive workforce plan for the De10 partment of State for the fiscal years 2002 through 2006.

11 The plan shall consider personnel needs in both the civil

12 service and the Foreign Service and expected domestic and

13 overseas personnel allocations. The workforce plan should

14 set forth the detailed mission of the Department, the defi15 nition of work to be done and cyclical personnel needs

16 based on expected retirements and the time required to

17 hire, train, and deploy new personnel.

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

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

20 Secretary of State shall compile and submit to the appro21 priate congressional committees a domestic staffing model

22 for the Department of State.

23 SEC. 302. ‘‘RIGHTSIZING’’ OVERSEAS POSTS.

24 (a) ‘‘RIGHTSIZING’’ AT THE DEPARTMENT OF

25 STATE.—
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1 (1) The Secretary of State shall establish a task

2 force within the Department of State on the issue of

3 ‘‘rightsizing’’ overseas posts.

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

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

6 Secretary of State shall submit to the appropriate

7 congressional committees a report which outlines the

8 status, plans, and activities of the task force. In ad9 dition to such other information as the Secretary

10 considers appropriate, the report shall include the

11 following:

12 (A) The objectives of the task force.

13 (B) Measures for achieving the objectives

14 under subparagraph (A).

15 (C) The official of the Department with

16 primary responsibility for the issue of

17 ‘‘rightsizing’’.

18 (D) The plans of the Department for the

19 reallocation of staff and resources based on

20 changing needs at overseas posts and in the

21 metropolitan Washington, D.C. area.

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

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

24 and every 6 months thereafter during the fiscal

25 years 2002 and 2003, the Secretary of State shall
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1 submit to the appropriate congressional committees

2 a report reviewing the activities and progress of the

3 task force established under paragraph (1).

4 (b) INTERAGENCY WORKING GROUP.—

5 (1) ESTABLISHMENT.—The Secretary of State

6 shall establish an interagency working group on the

7 issue of ‘‘rightsizing’’ the overseas presence of the

8 United States Government.

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

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

11 Secretary of State shall submit to the appropriate

12 congressional committees a report which outlines the

13 status, plans, and activities of the interagency work14 ing group. In addition to such other information as

15 the Secretary considers appropriate, the report shall

16 include the following:

17 (A) The objectives of the working group.

18 (B) Measures for achieving the objectives

19 under subparagraph (A).

20 (C) The official of each agency with pri21 mary responsibility for the issue of

22 ‘‘rightsizing’’.

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

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

25 and every 6 months thereafter during the fiscal
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1 years 2002 and 2003, the Secretary of State shall

2 submit to the appropriate congressional committees

3 a report reviewing the activities and progress of the

4 working group established under paragraph (1).

5 SEC. 303. QUALIFICATIONS OF CERTAIN OFFICERS OF THE

6 DEPARTMENT OF STATE.

7 Section 1 of the State Department Basic Authorities

8 Act of 1956 (22 U.S.C. 2651a) is amended—

9 (1) by striking subsections (f) and (g); and

10 (2) by inserting after subsection (e) the fol11 lowing new subsection (f):

12 ‘‘(f) QUALIFICATIONS OF CERTAIN OFFICERS OF THE

13 DEPARTMENT OF STATE.—

14 ‘‘(1) OFFICER HAVING PRIMARY RESPONSI15 BILITY FOR PERSONNEL MANAGEMENT.—The officer

16 of the Department of State with primary responsi17 bility for assisting the Secretary of State with re18 spect to matters relating to personnel in the Depart19 ment of State, or that officer’s principal deputy,

20 shall have substantial professional qualifications in

21 the field of human resource policy and management.

22 ‘‘(2) OFFICER HAVING PRIMARY RESPONSI23 BILITY FOR DIPLOMATIC SECURITY.—The officer of

24 the Department of State with primary responsibility

25 for assisting the Secretary of State with respect to
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1 diplomatic security, or that officer’s principal dep2 uty, shall have substantial professional qualifications

3 in the fields of (A) management, and (B) Federal

4 law enforcement, intelligence, or security.

5 ‘‘(3) OFFICER HAVING PRIMARY RESPONSI6 BILITY FOR INTERNATIONAL NARCOTICS AND LAW

7 ENFORCEMENT.—The officer of the Department of

8 State with primary responsibility for assisting the

9 Secretary of State with respect to international nar10 cotics and law enforcement, or that officer’s prin11 cipal deputy, shall have substantial professional

12 qualifications in the fields of management and Fed13 eral law enforcement.’’.

14 SEC. 304. UNITED STATES SPECIAL COORDINATOR FOR TI15 BETAN ISSUES.

16 (a) UNITED STATES SPECIAL COORDINATOR FOR TI17 BETAN ISSUES.—There shall be within the Department of

18 State a United States Special Coordinator for Tibetan

19 Issues.

20 (b) CONSULTATION.—The Secretary of State shall

21 consult with the chairman and ranking minority member

22 of the Committee on Foreign Relations of the Senate and

23 the Committee on International Relations of the House

24 of Representatives prior to the designation of the special

25 coordinator.
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1 (c) CENTRAL OBJECTIVE.—The central objective of

2 the special coordinator is to promote substantive dialogue

3 between the Government of the People’s Republic of China

4 and the Dalai Lama or his representatives.

5 (d) DUTIES AND RESPONSIBILITIES.—The special co6 ordinator shall—

7 (1) coordinate United States Government poli8 cies, programs, and projects concerning Tibet;

9 (2) vigorously promote the policy of seeking to

10 protect the distinct religious, cultural, linguistic, and

11 national identity of Tibet, and pressing for improved

12 respect for human rights;

13 (3) maintain close contact with religious, cul14 tural, and political leaders of the Tibetan people, in15 cluding regular travel to Tibetan areas of the Peo16 ple’s Republic of China, and to Tibetan refugee set17 tlements in India and Nepal;

18 (4) consult with Congress on policies relevant to

19 Tibet and the future and welfare of the Tibetan peo20 ple;

21 (5) make efforts to establish contacts in the for22 eign ministries of other countries to pursue a nego23 tiated solution for Tibet; and

24 (6) take all appropriate steps to ensure ade25 quate resources, staff, and bureaucratic support to
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•HR 1646 IH

1 fulfill the duties and responsibilities of the special

2 coordinator.

3 Subtitle B—Personnel Matters

4 SEC. 331. REPORT CONCERNING RETIRED MEMBERS OF

5 THE FOREIGN SERVICE AND CIVIL SERVICE

6 WHO ARE REGISTERED AGENTS OF A GOV7 ERNMENT OF A FOREIGN COUNTRY.

8 The Secretary of State shall submit, annually, a re9 port to the Committee on International Relations of the

10 House of Representatives and the Committee on Foreign

11 Affairs of the Senate which lists members of the Foreign

12 Service and the civil service who have retired, have been

13 issued an identification which authorizes access to facili14 ties of the Department of State, and are registered under

15 the Foreign Agents Registration Act of 1938 as an agent

16 of a government of a foreign country. The report shall

17 specify each individual and the governments represented

18 by that individual.

19 SEC. 332. TIBETAN LANGUAGE TRAINING.

20 The Secretary of State shall ensure that Tibetan lan21 guage training is available to Foreign Service officers, and

22 that every effort is made to ensure that a Tibetan-speak23 ing Foreign Service officer is assigned to the consulate in

24 China responsible for tracking developments in Tibet.
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1 SEC. 333. DEPENDENTS ON FAMILY VISITATION TRAVEL.

2 (a) IN GENERAL.—Section 901(8) of the Foreign

3 Service Act of 1980 (22 U.S.C. 4081(8)) is amended by

4 striking ‘‘Service’’ and inserting ‘‘Service, and members

5 of his or her family,’’.

6 (b) PROMULGATION OF GUIDANCE.—The Secretary

7 shall promulgate guidance for the implementation of the

8 amendment made by subsection (a) to ensure its imple9 mentation in a manner which does not substantially in10 crease the total amount of travel expenses paid or reim11 bursed by the Department for travel under section 901

12 of the Foreign Service Act of 1980.

13 (c) EFFECTIVE DATE.—The amendment made by

14 subsection (a) shall take effect on the date on which guid15 ance for implementation of such amendment is issued by

16 the Secretary.

17 SEC. 334. THOMAS JEFFERSON STAR.

18 Section 36A of the State Department Basic Authori19 ties Act of 1956 (22 U.S.C. 2708a) is amended—

20 (1) in the section heading by striking ‘‘FOR21 EIGN SERVICE’’ and inserting ‘‘THOMAS JEF22 FERSON’’; and

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

24 place it appears and inserting ‘‘Thomas Jefferson

25 Star’’.
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1 SEC. 335. HEALTH EDUCATION AND DISEASE PREVENTION

2 PROGRAMS.

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

4 (22 U.S.C. 4084(b)) is amended by striking ‘‘families, and

5 (3)’’ and inserting ‘‘families, (3) health education and dis6 ease prevention programs for all employees, and (4)’’.

7 SEC. 336. TRAINING AUTHORITIES.

8 Section 2205(a) of the Foreign Affairs Reform and

9 Restructuring Act of 1998 (as enacted in division G of

10 Public Law 105–277) is amended by striking subpara11 graph (3).

12 SEC. 337. FOREIGN NATIONAL RETIREMENT PLANS.

13 Section 408(a)(1) of the Foreign Service Act of 1980

14 (22 U.S.C. 3968(a)(1)) is amended in the third sentence

15 by striking ‘‘(C)’’ and all that follows through ‘‘covered

16 employees.’’ and inserting ‘‘(C) payments by the Govern17 ment and employees to (i) a trust or other fund in a finan18 cial institution in order to finance future benefits for em19 ployees, including provision for retention in the fund of

20 accumulated interest and dividends for the benefit of cov21 ered employees; or (ii) a Foreign Service National Savings

22 Fund established in the Treasury of the United States,

23 which (I) shall be administered by the Secretary of State,

24 at whose direction the Secretary of the Treasury shall in25 vest amounts not required for the current needs of the

26 fund; and (II) shall be public monies, which are authorized
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1 to be appropriated and remain available without fiscal

2 year limitation to pay benefits, to be invested in public

3 debt obligations bearing interest at rates determined by

4 the Secretary of the Treasury taking into consideration

5 current average market yields on outstanding marketable

6 obligations of the United States of comparable maturity,

7 and to pay administrative expenses.’’.

8 SEC. 338. PRESIDENTIAL RANK AWARDS.

9 (a) COMPARABLE TO PAYMENTS TO MERITORIOUS

10 EXECUTIVES AND DISTINGUISHED EXECUTIVES.—Sec11 tion 405(b)(3) of the Foreign Service Act of 1980 (22

12 U.S.C. 3965(b)(3)) is amended by striking the second sen13 tence and inserting ‘‘Payments under this paragraph to

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

15 in any fiscal year, the percentage of base pay established

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

17 for a Meritorious Executive, except that payments of the

18 percentage of the base pay established under section

19 4507(e)(2) of title 5, United States, Code, for Distin20 guished Executives may be made in any fiscal year to up

21 to 1 percent of the members of the Senior Foreign Serv22 ice.’’.

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

24 subsection (a) shall take effect October 1, 2001.
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1 SEC. 339. EMERGENCY MEDICAL ADVANCE PAYMENTS.

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

3 amended to read as follows:

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

5 section 408 of the Foreign Service Act of 1980,

6 who—

7 ‘‘(A) pursuant to government authorization

8 is located outside the country of employment;

9 and

10 ‘‘(B) requires medical treatment outside

11 the country of employment in circumstances

12 specified by the President in regulations.’’.

13 SEC. 340. UNACCOMPANIED AIR BAGGAGE.

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

15 is amended by inserting after the first sentence the fol16 lowing: ‘‘At the option of the employee, in lieu of the

17 transportation of the baggage of a dependent child from

18 the dependent’s school, the costs incurred to store the bag19 gage at or in the vicinity of the school during the depend20 ent’s annual trip between the school and the employee’s

21 duty station may be paid or reimbursed to the employee.

22 The amount of the payment or reimbursement may not

23 exceed the cost that the government would incur to trans24 port the baggage.’’.
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1 SEC. 341. SPECIAL AGENT AUTHORITIES.

2 Section 37(a) of the State Department Basic Au3 thorities Act of 1956 (22 U.S.C. 2709(a)) is amended in

4 paragraph (3)(F) by inserting ‘‘or President-elect’’ after

5 ‘‘President’’.

6 SEC. 342. REPORT CONCERNING MINORITY EMPLOYMENT.

7 During each of the years 2002 and 2003, the Sec8 retary of State shall submit a comprehensive report to the

9 Congress concerning the status of employment of members

10 of minority groups at the Department of State, including

11 the Civil Service, the Foreign Service, and State Depart12 ment employees serving abroad. The report shall include

13 the following data (reported in terms of real numbers and

14 percentages and not as ratios):

15 (1) For the last preceding Foreign Service ex16 amination and promotion cycles for which such in17 formation is available—

18 (A) the numbers and percentages of mem19 bers of all minority groups taking the written

20 Foreign Service examination;

21 (B) the numbers and percentages of mem22 bers of all minority groups successfully com23 pleting and passing the written Foreign Service

24 examination;

25 (C) the numbers and percentages of mem26 bers of all minority groups successfully com-
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•HR 1646 IH

1 pleting and passing the oral Foreign Service ex2 amination;

3 (D) the numbers and percentages of mem4 bers of all minority groups entering the junior

5 officers class of the Foreign Service;

6 (E) the numbers and percentages of mem7 bers of all minority groups who are Foreign

8 Service officers at each grade; and

9 (F) the numbers of and percentages of

10 members of all minority groups promoted at

11 each grade of the Foreign Service Officer

12 Corps.

13 (2) For the last preceding year for Civil Service

14 employment at the Department of State for which

15 such information is available—

16 (A) numbers and percentages of members

17 of all minority groups entering the Civil Service;

18 (B) the number and percentages of mem19 bers of all minority groups who are civil service

20 employees at each grade of the Civil Service;

21 and

22 (C) the number of and percentages of

23 members of all minority groups promoted at

24 each grade of the Civil Service.
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1 TITLE IV—UNITED STATES EDU2 CATIONAL AND CULTURAL

3 PROGRAMS OF THE DEPART4 MENT OF STATE

5 SEC. 401. EXTENSION OF REQUIREMENT FOR SCHOLAR6 SHIPS FOR TIBETANS AND BURMESE.

7 Section 103(b)(1) of the Human Rights, Refugee,

8 and Other Foreign Relations Provisions Act of 1996 (Pub9 lic Law 104–319; 22 U.S.C. 2151 note) is amended by

10 striking ‘‘for the fiscal year 2000’’ and inserting ‘‘for each

11 of the fiscal years 2002 and 2003’’.

12 SEC. 402. NONPROFIT ENTITIES FOR CULTURAL PROGRAM13 MING.

14 (a) FINDINGS.—The Congress makes the following

15 findings:

16 (1) It is in the national interest of the United

17 States to promote mutual understanding between

18 the people of the United States and other nations.

19 (2) Among the means to be used in achieving

20 this objective are a wide range of international edu21 cational and cultural exchange programs, including

22 the J. William Fulbright Educational Exchange Pro23 gram and the International Visitors Program.

24 (3) Cultural diplomacy, especially the presen25 tation abroad of the finest of America’s creative, vis-
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1 ual and performing arts, is an especially effective

2 means of advancing the United States national in3 terest.

4 (4) The financial support available for inter5 national cultural and scholarly exchanges has de6 clined by approximately 10 per cent in recent years.

7 (5) Funds appropriated for the purpose of en8 suring that the excellence, diversity, and vitality of

9 the arts in the United States are presented to for10 eign audiences by, and in cooperation with, our dip11 lomatic and consular representatives have declined

12 dramatically.

13 (6) One of the ways to deepen and expand cul14 tural and educational exchange programs is through

15 the establishment of nonprofit entities to encourage

16 the participation and financial support of corpora17 tions and other private sector contributors.

18 (7) The United States private sector should be

19 encouraged to cooperate closely with the Secretary of

20 State and representatives of the Department to ex21 pand and spread appreciation of United States cul22 tural and artistic accomplishments.

23 (b) AUTHORITY TO ESTABLISH NONPROFIT ENTI24 TIES.—Section 105 of the Mutual Educational and Cul-
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1 tural Exchange Act of 1961 (22 U.S.C. 2255) is amended

2 by striking subsection (g) and inserting the following:

3 ‘‘(g) NONPROFIT ENTITIES FOR CULTURAL PRO4 GRAMMING.—

5 ‘‘(1) The Secretary of State is authorized to

6 provide for the establishment of private nonprofit

7 entities to assist in carrying out the purposes of this

8 subsection. Any such entity shall not be considered

9 an agency or instrumentality of the United States

10 Government and employees of such an entity shall

11 not be considered employees of the United States

12 Government for any purpose.

13 ‘‘(2) An entity established pursuant to the au14 thority of paragraph (1) may carry out the fol15 lowing:

16 ‘‘(A) Encourage participation and support

17 by United States corporations and other ele18 ments of the private sector for cultural, arts,

19 and educational exchange programs which will

20 enhance international appreciation of America’s

21 cultural and artistic accomplishments.

22 ‘‘(B) Solicit and receive contributions from

23 the private sector to support cultural, arts, and

24 educational exchange programs.
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1 ‘‘(C) Provide grants and other assistance

2 for such programs.

3 ‘‘(3) The Secretary of State is authorized to

4 make such arrangements as are necessary to carry

5 out the purposes of any entity established pursuant

6 to paragraph (1) including the following:

7 ‘‘(A) The solicitation and receipt of funds

8 for an entity.

9 ‘‘(B) Designation of a program in recogni10 tion of such contributions.

11 ‘‘(C) Appointment of members of the board

12 of directors or other body established to admin13 ister an entity, including the appointment of

14 employees of the United States Government as

15 ex officio nonvoting members of such a board or

16 other administrative body.

17 ‘‘(D) Making recommendations with re18 spect to specific artistic and cultural programs

19 to be carried out by the entity.

20 ‘‘(4) For fiscal years 2002 and 2003, not to ex21 ceed $500,000 of funds available to the Department

22 of State are authorized to be made available for each

23 fiscal year for administrative and other costs for the

24 establishment of entities pursuant to paragraph (1).

25 An entity established pursuant to paragraph (1) is
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•HR 1646 IH

1 authorized to invest amounts made available to the

2 entity by the Department of State, and such

3 amounts, as well as interest or earnings on such

4 amounts, may be used by the entity to carry out its

5 purposes.

6 ‘‘(5) Each entity established pursuant to para7 graph (1) shall submit an annual report on the

8 sources and amount of funds and other resources re9 ceived and the programs funded by the entity to the

10 Committee on Foreign Relations of the Senate and

11 the Committee on International Relations of the

12 House of Representatives.

13 ‘‘(6) The financial transactions of each entity

14 established under paragraph (1) for each fiscal year

15 shall be the subject of an independent audit. A re16 port of each such audit shall be made available to

17 the Committee on Foreign Relations of the Senate

18 and the Committee on International Relations of the

19 House of Representatives.’’.

20 SEC. 403. FULBRIGHT-HAYS AUTHORITIES.

21 Section 112(d) of the Mutual Educational and Cul22 tural Exchange Act of 1961 (22 U.S.C. 2460(d) is amend23 ed by striking ‘‘operating under the authority of this Act

24 and consistent with’’ and inserting ‘‘which operate under

25 the authority of this Act or promote’’.
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1 SEC. 404. ETHICAL ISSUES IN INTERNATIONAL HEALTH RE2 SEARCH.

3 (a) IN GENERAL.—The Secretary shall make avail4 able funds for public diplomacy and international ex5 changes, including, as appropriate, funds for international

6 visitor programs and scholarships available under the

7 United States Information and Educational Exchange Act

8 of 1948, the Mutual Educational and Cultural Exchange

9 Act of 1961 and other similar statutes, to provide opportu10 nities to researchers in developing countries to obtain

11 scholarships and otherwise participate in activities related

12 to ethical issues in human subject research, as described

13 in subsection (b).

14 (b) ETHICAL ISSUES IN HUMAN SUBJECT RE15 SEARCH.—For purposes of subsection (a), ‘‘activities re16 lated to ethical issues in human subject research’’ include

17 courses of study, conferences, and fora on development of

18 and compliance with international ethical standards for

19 clinical trials involving human subjects, particularly with

20 respect to responsibilities of researchers to individuals and

21 local communities participating in such trials, and on

22 management and monitoring of such trials based on such

23 international ethical standards.
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1 TITLE V—UNITED STATES

2 INTERNATIONAL BROAD3 CASTING ACTIVITIES

4 SEC. 501. ELIMINATING STAFF POSITIONS FOR THE ADVI5 SORY BOARD FOR CUBA BROADCASTING.

6 (a) ELIMINATING POSITION OF STAFF DIRECTOR.—

7 (1) Section 245 of the Television Broadcasting

8 to Cuba Act (22 U.S.C. 1465c note) is amended by

9 striking subsection (d).

10 (2) Any funds made available through the elimi11 nation of the position under the amendment made

12 by paragraph (1) shall be made available for broad13 casting to Cuba.

14 (b) PROHIBITING PAID STAFF POSITIONS.—The Ad15 visory Board for Cuba Broadcasting is not authorized to

16 employ administrative or support staff who are com17 pensated by the Advisory Board.

18 SEC. 502. REPORTS ON BROADCASTING PERSONNEL.

19 Not later than 3 months after the date of the enact20 ment of this Act and every 6 months thereafter during

21 the fiscal years 2002 and 2003, the Broadcasting Board

22 of Governors shall submit to the appropriate congressional

23 committees a report regarding high-level personnel of the

24 Broadcasting Board of Governors and efforts to diversify

25 the workforce. Each report shall include the following in-
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1 formation, reported separately, for the International

2 Broadcasting Bureau, Radio Free Europe/Radio Liberty,

3 and Radio Free Asia:

4 (1) A list of all personnel positions at and above

5 the GS–13 pay level.

6 (2) The number and percentage of women and

7 members of minority groups in positions under para8 graph (1).

9 (3) The increase or decrease in the representa10 tion of women and members of minority groups in

11 positions under paragraph (1) from previous years.

12 (4) The recruitment budget for each broad13 casting entity and the aggregate budget.

14 (5) Information concerning the recruitment ef15 forts of the Broadcasting Board of Governors relat16 ing to women and members of minority groups, in17 cluding the percentage of the recruitment budget

18 utilized for such efforts.

19 TITLE VI—INTERNATIONAL OR20 GANIZATIONS AND COMMIS21 SIONS

22 SEC 601. UNITED NATIONS ARREARS PAYMENTS AND RE23 FORM.

24 (a) ADDITIONAL RESTRICTIONS ON RELEASE OF AR25 REARAGE PAYMENTS RELATING TO UNITED STATES SOV-
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1 EREIGNTY.—In addition to the satisfaction of all other

2 preconditions applicable to the obligation and expenditure

3 of funds authorized to be appropriated by section

4 911(a)(2) of the United Nations Reform Act of 1999, such

5 funds may not be obligated or expended until the Sec6 retary of State certifies to the appropriate congressional

7 committees that the following conditions are satisfied:

8 (1) SUPREMACY OF THE UNITED STATES CON9 STITUTION.—No action has been taken by the

10 United Nations or any of its specialized or affiliated

11 agencies that requires the United States to violate

12 the United States Constitution or any law of the

13 United States.

14 (2) NO UNITED NATIONS SOVEREIGNTY.—Nei15 ther the United Nations nor any of its specialized or

16 affiliated agencies—

17 (A) has exercised sovereignty over the

18 United States; or

19 (B) has taken any steps that require the

20 United States to cede sovereignty.

21 (3) NO UNITED NATIONS TAXATION.—

22 (A) NO LEGAL AUTHORITY.—Except as

23 provided in subparagraph (D), neither the

24 United Nations nor any of its specialized or af25 filiated agencies has the authority under United
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1 States law to impose taxes or fees on United

2 States nationals.

3 (B) NO TAXES OR FEES.—Except as pro4 vided in subparagraph (D), a tax or fee has not

5 been imposed on any United States national by

6 the United Nations or any of its specialized or

7 affiliated agencies.

8 (C) NO TAXATION PROPOSALS.—Except as

9 provided in subparagraph (D), neither the

10 United Nations nor any of its specialized or af11 filiated agencies has, on or after October 1,

12 1996, officially approved any formal effort to

13 develop, advocate, or promote any proposal con14 cerning the imposition of a tax or fee on any

15 United States national in order to raise revenue

16 for the United Nations or any such agency.

17 (D) EXCEPTION.—This paragraph does

18 not apply to—

19 (i) fees for publications or other kinds

20 of fees that are not tantamount to a tax on

21 United States citizens;

22 (ii) the World Intellectual Property

23 Organization; or
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1 (iii) the staff assessment costs of the

2 United Nations and its specialized or affili3 ated agencies.

4 (4) NO STANDING ARMY.—The United Nations

5 has not, on or after October 1, 1996, budgeted any

6 funds for, nor taken any official steps to develop,

7 create, or establish any special agreement under Ar8 ticle 43 of the United Nations Charter to make

9 available to the United Nations, on its call, the

10 armed forces of any member of the United Nations.

11 (5) NO INTEREST FEES.—The United Nations

12 has not, on or after October 1, 1996, levied interest

13 penalties against the United States or any interest

14 on arrearages on the annual assessment of the

15 United States, and neither the United Nations nor

16 its specialized agencies have, on or after October 1,

17 1996, amended their financial regulations or taken

18 any other action that would permit interest penalties

19 to be levied against the United States or otherwise

20 charge the United States any interest on arrearages

21 on its annual assessment.

22 (6) UNITED STATES REAL PROPERTY

23 RIGHTS.—Neither the United Nations nor any of its

24 specialized or affiliated agencies has exercised au25 thority or control over any United States national
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1 park, wildlife preserve, monument, or real property,

2 nor has the United Nations nor any of its specialized

3 or affiliated agencies implemented plans, regulations,

4 programs, or agreements that exercise control or au5 thority over the private real property of United

6 States citizens located in the United States without

7 the approval of the property owner.

8 (7) TERMINATION OF BORROWING AUTHOR9 ITY.—

10 (A) PROHIBITION ON AUTHORIZATION OF

11 EXTERNAL BORROWING.—On or after the date

12 of enactment of this Act, neither the United

13 Nations nor any specialized agency of the

14 United Nations has amended its financial regu15 lations to permit external borrowing.

16 (B) PROHIBITION OF UNITED STATES PAY17 MENT OF INTEREST COSTS.—The United States

18 has not, on or after October 1, 1984, paid its

19 share of any interest costs made known to or

20 identified by the United States Government for

21 loans incurred, on or after October 1, 1984, by

22 the United Nations or any specialized agency of

23 the United Nations through external borrowing.

24 (b) AMENDMENTS TO THE UNITED NATIONS RE25 FORM ACT OF 1999.—The United Nations Reform Act of
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1 1999 (title IX of division A of H.R. 3427, as enacted into

2 law by section 1000(a)(7) of Public Law 106–113; appen3 dix G; 113 Stat. 1501A–475) is amended as follows:

4 (1) Section 912(c) is amended by striking ‘‘sec5 tion 911’’ and inserting ‘‘section 911(a)(3)’’.

6 (2) Section 931(b) is amended by—

7 (A) striking paragraph (2); and

8 (B) redesignating paragraph (3) as para9 graph (2).

10 (3) Section 941(a)(2) is amended—

11 (A) by striking ‘‘also’’;

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

13 places it appears; and

14 (C) by striking ‘‘satisfied, if the other con15 ditions in subsection (b) are satisfied’’ and in16 serting ‘‘satisfied’’.

17 (4) Section 941(b)(3) is amended—

18 (A) in the paragraph heading by striking

19 ‘‘NEW BUDGET PROCEDURES’’ and inserting

20 ‘‘BUDGET PRACTICES’’;

21 (B) by striking ‘‘has established and’’;

22 (C) by striking ‘‘procedures’’ and inserting

23 ‘‘practices’’; and
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1 (D) in subparagraphs (A) and (B) by

2 striking ‘‘require’’ both places it appears and

3 inserting in both places ‘‘result in’’.

4 (5) Section 941(b)(9) is amended—

5 (A) in the paragraph heading by striking

6 ‘‘NEW BUDGET PROCEDURES’’ and inserting

7 ‘‘BUDGET PRACTICES’’;

8 (B) by striking ‘‘Each designated special9 ized agency has established procedures to—’’

10 and inserting ‘‘The practices of each designated

11 specialized agency—’’; and

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

13 striking ‘‘require’’ each of the 3 places it ap14 pears such subparagraphs and inserting in the

15 3 places ‘‘result in’’.

16 (c) AMENDMENT TO UNITED NATIONS PARTICIPA17 TION ACT.—Section 6 of the United Nations Participation

18 Act of 1945 (22 U.S.C. 287d) is amended to read as fol19 lows:

20 ‘‘SEC. 6. AGREEMENTS WITH SECURITY COUNCIL.

21 ‘‘(a) Any agreement described in subsection (b) that

22 is concluded by the President with the Security Council

23 shall not be effective unless approved by the Congress by

24 appropriate Act or joint resolution.
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1 ‘‘(b) An agreement referred to in subsection (a) is

2 an agreement providing for the numbers and types of

3 United States Armed Forces, their degree of readiness and

4 general locations, or the nature of facilities and assistance,

5 including rights of passage, to be made available to the

6 Security Council for the purpose of maintaining inter7 national peace and security in accordance with Article 43

8 of the Charter of the United Nations.

9 ‘‘(c) Except as provided in section 7, nothing in this

10 section may be construed as an authorization to the Presi11 dent by the Congress to make available United States

12 Armed Forces, facilities, or assistance to the Security

13 Council.’’.

14 (d) AMENDMENT TO PUBLIC LAW 103–236.—Sec15 tion 404(b)(2) of the Foreign Relations Authorization Act,

16 Fiscal Years 1994 and 1995 (Public Law 103–236; 22

17 U.S.C. 287e note) is amended—

18 (1) by striking ‘‘for any fiscal year after fiscal

19 year 1995’’ and inserting ‘‘for —

20 ‘‘(A) fiscal years 1996 through 2001, and

21 any fiscal year after fiscal year 2003’’; and

22 (2) by striking ‘‘operation.’’ and inserting ‘‘op23 eration; and

24 ‘‘(B) fiscal years 2002 and 2003 shall not

25 be available for the payment of the United
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1 States assessed contribution for a United Na2 tions peacekeeping operation in an amount

3 which is greater than 28.15 percent of the total

4 of all assessed contributions for that oper5 ation.’’.

6 (e) CONFORMING AMENDMENT TO PUBLIC LAW 92–

7 544.—The last sentence of the paragraph headed ‘‘Con8 tributions to International Organizations’’ in Public Law

9 92–544 (22 U.S.C. 287e note), is amended—

10 (1) by striking ‘‘Appropriations are authorized’’

11 and inserting ‘‘Subject to section 404(b)(2) of the

12 Foreign Relations Authorization Act, Fiscal Years

13 1994 and 1995 (Public Law 103–236, 22 U.S.C.

14 287e note), as amended, appropriations are author15 ized’’; and

16 (2) by striking ‘‘(other than United Nations

17 peacekeeping operations) conducted’’ and inserting

18 ‘‘conducted by or under the auspices of the United

19 Nations or’’.

20 (f) CONFORMING AMENDMENT TO PUBLIC LAW 105–

21 277.—The undesignated paragraph under the heading

22 ‘‘ARREARAGE PAYMENTS’’ in title IV of the Departments

23 of Commerce, Justice, and State, the Judiciary, and Re24 lated Agencies Appropriations Act, 1999 (as enacted into

25 law by section 101(b) of division A of the Omnibus Con-
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1 solidated and Emergency Supplemental Appropriations

2 Act, 1999; 112 Stat. 2681–96) is amended by striking

3 ‘‘member, and the share of the budget for each assessed

4 United Nations peacekeeping operation does not exceed 25

5 percent for any single United Nations member.’’ and in6 serting ‘‘member.’’.

7 (g) CONFORMING AMENDMENT TO PUBLIC LAW

8 106–113.—The undesignated paragraph under the head9 ing ‘‘ARREARAGE PAYMENTS’’ in title IV of the Depart10 ments of Commerce, Justice, and State, the Judiciary, and

11 Related Agencies Appropriations Act, 2000 (as enacted

12 into law by section 1000(a)(1) of division B of Public Law

13 106–113; appendix A; 113 Stat. 1501A–42) is amended—

14 (1) in the first proviso, by striking ‘‘the share

15 of the total of all assessed contributions for any des16 ignated specialized agency of the United Nations

17 does not exceed 22 percent for any single member of

18 the agency, and’’; and

19 (2) by inserting immediately after the first pro20 viso ‘‘Provided further, That, none of the funds ap21 propriated or otherwise made available under this

22 heading for payment of arrearages may be obligated

23 or expended with respect to a designated specialized

24 agency of the United Nations until such time as the

25 share of the total of all assessed contributions for
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1 that designated specialized agency does not exceed

2 22 percent for any member of the agency:’’.

3 (h) EFFECTIVE DATE.—This section and the amend4 ments made by this section shall take effect on the date

5 of the enactment of this Act.

6 SEC. 602. TRAVEL BY ADVISORY COMMITTEE MEMBERS TO

7 GREAT LAKES FISHERY COMMISSION AN8 NUAL MEETING.

9 Section 4(c) of the Great Lakes Fishery Act of 1956

10 (70 Stat. 242; 16 U.S.C. 933(c)) is amended in the second

11 sentence—

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

13 (2) by striking ‘‘each’’ and inserting ‘‘the an14 nual’’.

15 SEC. 603. UNITED STATES POLICY ON COMPOSITION OF

16 THE UNITED NATIONS HUMAN RIGHTS COM17 MISSION.

18 (a) FINDINGS.—The Congress makes the following

19 findings:

20 (1) The United Nations Human Rights Com21 mission is an important organ of the United Nations

22 that plays a significant role in monitoring inter23 national human rights developments and can make

24 an important contribution to advancing human

25 rights around the world.
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1 (2) The membership of the Commission, how2 ever, continues to include countries that are them3 selves human rights violators.

4 (3) Countries that are on the Commission have

5 a special duty to ensure that they are prepared to

6 allow human rights monitors into their own country

7 to investigate allegations of human rights violations.

8 (b) UNITED STATES POLICY ON MEMBERSHIP OF

9 THE COMMISSION.—The President, acting through the

10 Secretary of State, the United States Permanent Rep11 resentative to the United Nations, and other appropriate

12 United States Government officials, shall use the voice and

13 vote of the United States at the United Nations to oppose

14 membership on the United Nations Commission on

15 Human Rights for any country that does not provide a

16 standing invitation to allow the following persons to mon17 itor human rights in the territory of such country:

18 (1) Designated United Nations human rights

19 investigators and rapporteurs.

20 (2) Representatives from nongovernmental or21 ganizations that focus on human rights.

22 SEC. 604. UNITED STATES MEMBERSHIP IN THE INTER23 NATIONAL ORGANIZATION FOR MIGRATION.

24 (a) CONTINUATION OF MEMBERSHIP.—The Presi25 dent is authorized to continue membership for the United
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1 States in the International Organization for Migration in

2 accordance with the constitution of such organization ap3 proved in Venice, Italy, on October 19, 1953, as amended

4 in Geneva, Switzerland, on November 24, 1998, upon

5 entry into force of such amendments.

6 (b) AUTHORIZATION OF APPROPRIATIONS.—For the

7 purpose of assisting in the movement of refugees and mi8 grants, there are authorized to be appropriated such

9 amounts as may be necessary from time to time for pay10 ment by the United States of its contributions to the

11 International Organization for Migration and all necessary

12 salaries and expenses incidental to United States partici13 pation in such organization.

14 TITLE VII—MISCELLANEOUS

15 PROVISIONS

16 Subtitle A—General Provisions

17 SEC. 701. AMENDMENTS TO THE IRAN NONPROLIFERATION

18 ACT OF 2000.

19 (a) REPORTS ON PROLIFERATION TO IRAN.—Section

20 2 of the Iran Nonproliferation Act of 2000 (Public Law

21 106–178; 114 Stat. 39; 50 U.S.C. 1701 note) is amended

22 by inserting after subsection (d) the following new sub23 section:

24 ‘‘(e) CONTENT OF REPORTS.—Each report under

25 subsection (a) shall contain, with respect to each foreign
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1 person identified in such report, a brief description of the

2 type and quantity of the goods, services, or technology

3 transferred by that person to Iran, the circumstances sur4 rounding the transfer, the usefulness of the transfer to

5 Iranian weapons programs, and the probable awareness or

6 lack thereof of the transfer on the part of the government

7 with primary jurisdiction over the person.’’.

8 (b) DETERMINATION EXEMPTING FOREIGN PERSONS

9 FROM CERTAIN MEASURES UNDER THE ACT.—Section

10 5(a)(2) of such Act is amended by striking ‘‘systems’’ and

11 inserting ‘‘systems, or conventional weapons’’.

12 SEC. 702. AMENDMENTS TO THE NORTH KOREA THREAT

13 REDUCTION ACT OF 1999.

14 Section 822(a) of the North Korea Threat Reduction

15 Act of 1999 (subtitle B of title VIII of division A of H.R.

16 3427, as enacted into law by section 1000(a)(7) of Public

17 Law 106–113; appendix G; 113 Stat. 1501A–472) is

18 amended by striking ‘‘such agreement,’’ both places it ap19 pears and inserting in both places ‘‘such agreement (or

20 that are controlled under the Export Trigger List of the

21 Nuclear Suppliers Group),’’.
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1 SEC. 703. AMENDMENTS TO THE INTERNATIONAL RELI2 GIOUS FREEDOM ACT OF 1998.

3 (a) REPEAL OF TERMINATION OF COMMISSION.—

4 The International Religious Freedom Act of 1998 (22

5 U.S.C. 6401 et seq.) is amended by striking section 209.

6 (b) AUTHORIZATIONS OF APPROPRIATIONS.—Section

7 207(a) of such Act (22 U.S.C. 6435(a)) is amended by

8 inserting ‘‘for each of the fiscal years 2002 and 2003’’

9 after ‘‘$3,000,000’’.

10 (c) ELECTION OF CHAIR OF COMMISSION.—Section

11 201(d) of such Act (22 U.S.C. 6431(d)) is amended by

12 striking ‘‘in each calendar’’ and inserting ‘‘after May 30

13 of each’’.

14 (d) PROCUREMENT OF NONGOVERNMENTAL SERV15 ICES.—Section 208(c)(1) of such Act (22 U.S.C.

16 6435a(c)(1)) is amended by striking ‘‘authority other than

17 that allowed under this title’’ and inserting ‘‘authority, in

18 excess of $75,000 annually, except as otherwise provided

19 in this title’’.

20 (e) DONATION OF SERVICES.—Section 208(d)(1) of

21 such Act (22 U.S.C. 6435a(d)(1)) is amended by striking

22 ‘‘services or’’ both places it appears.

23 (f) ESTABLISHMENT OF STAGGERED TERMS OF

24 MEMBERS OF COMMISSION.—Section 201(c) of such Act

25 (22 U.S.C. 6431(c)) is amended by adding after para26 graph (1) the following new paragraph:
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1 ‘‘(2) ESTABLISHMENT OF STAGGERED

2 TERMS.—Notwithstanding paragraph (1), members

3 of the Commission appointed to serve on the Com4 mission during the period May 15, 2003, through

5 May 14, 2005, shall be appointed to terms in ac6 cordance with the provisions of this paragraph. Of

7 the 3 members of the Commission appointed by the

8 President under subsection (b)(1)(B)(i), 2 shall be

9 appointed to a one-year term and 1 shall be ap10 pointed to a two-year term. Of the 3 members of the

11 Commission appointed by the President pro tempore

12 of the Senate under subsection (b)(1)(B)(ii), 1 of

13 the appointments made upon the recommendation of

14 the leader in the Senate of the political party that

15 is not the political party of the President shall be

16 appointed to a one-year term, and the other 2 ap17 pointments under such clause shall be two-year

18 terms. Of the 3 members of the Commission ap19 pointed by the Speaker of the House of Representa20 tives under subsection (b)(1)(B)(iii), 1 of the ap21 pointments made upon the recommendation of the

22 leader in the House of the political party that is not

23 the political party of the President shall be to a one24 year term, and the other 2 appointments under such

25 clause shall be two-year terms. The term of each
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1 member of the Commission appointed to a one-year

2 term shall be considered to have begun on May 15,

3 2003, and shall end on May 14, 2004, regardless of

4 the date of the appointment to the Commission.

5 Each vacancy which occurs upon the expiration of

6 the term of a member appointed to a one-year term

7 shall be filled by the appointment of a successor to

8 a two-year term.’’.

9 (g) VACANCIES.—Section 201(g) of such Act (22

10 U.S.C. 6431(g)) is amended by adding at the end the fol11 lowing: ‘‘A member may serve after the expiration of that

12 member’s term until a successor has taken office. Any

13 member appointed to fill a vacancy occurring before the

14 expiration of the term for which the member’s predecessor

15 was appointed shall be appointed only for the remainder

16 of that term. ’’.

17 SEC. 704. CONTINUATION OF UNITED STATES ADVISORY

18 COMMISSION ON PUBLIC DIPLOMACY.

19 (a) AUTHORITY TO CONTINUE COMMISSION.—Sec20 tion 1334 of the Foreign Affairs Reform and Restruc21 turing Act of 1998 (as enacted in division G of the Omni22 bus Consolidated and Emergency Supplemental Appro23 priations Act, 1999: Public Law 105–277) is amended by

24 striking ‘‘October 1, 2001’’ and inserting ‘‘October 1,

25 2005’’.
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1 (b) REPEAL.—Section 404(c) of the Admiral James

2 W. Nance and Meg Donovan Foreign Relations Authoriza3 tion Act, Fiscal Years 2000 and 2001 (section 404(c) of

4 division A of H.R. 3427, as enacted into law by section

5 1000(a)(7) of Public Law 106–113; appendix G; 113 Stat.

6 1501A–446) is amended by striking paragraph (2).

7 SEC. 705. PARTICIPATION OF SOUTH ASIA COUNTRIES IN

8 INTERNATIONAL LAW ENFORCMENT.

9 The Secretary of State shall ensure, where prac10 ticable, that appropriate government officials from coun11 tries in the South Asia region shall be eligible to attend

12 courses at the International Law Enforcement Academy

13 located in Bangkok, Thailand, and Budapest, Hungary,

14 consistent with other provisions of law, with the goal of

15 enhancing regional cooperation in the fight against

16 transnational crime.

17 Subtitle B—Sense of Congress

18 Provisions

19 SEC. 731. SENSE OF CONGRESS RELATING TO HIV/AIDS AND

20 UNITED NATIONS PEACEKEEPING OPER21 ATIONS.

22 It is the sense of the Congress that the President

23 should direct the Secretary of State and the United States

24 Representative to the United Nations to urge the United
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1 Nations to adopt an HIV/AIDS mitigation strategy as a

2 component of United Nations peacekeeping operations.

3 SEC. 732. SENSE OF CONGRESS RELATING TO HIV/AIDS

4 TASK FORCE.

5 It is the sense of the Congress that the Secretary of

6 State should establish an international HIV/AIDS inter7 vention, mitigation, and coordination task force to coordi8 nate activities on international HIV/AIDS programs ad9 ministered by agencies of the Federal Government and to

10 work with international public and private entities working

11 to combat the HIV/AIDS pandemic.

12 SEC. 733. SENSE OF CONGRESS CONDEMNING THE DE13 STRUCTION OF PRE-ISLAMIC STATUES IN AF14 GHANISTAN BY THE TALIBAN REGIME.

15 (a) FINDINGS.—The Congress makes the following

16 findings:

17 (1) Many of the oldest and most significant

18 Buddhist statues in the world are in Afghanistan,

19 which, at the time that many of the statues were

20 carved, was one of the most cosmopolitan regions in

21 the world and hosted merchants, travelers, and art22 ists from China, India, central Asia, and the Roman

23 Empire.
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1 (2) Such statues are part of the common herit2 age of mankind, which must be preserved for future

3 generations.

4 (3) On February 26, 2001, the leader of the

5 Taliban regime, Mullah Mohammad Omar, ordered

6 the destruction of all pre-Islamic statues in Afghani7 stan, among them a pair of 1,600-year-old, 100-foot8 tall statues of Buddha that are carved out of a

9 mountainside.

10 (4) The religion of Islam and Buddhist statues

11 have coexisted in Afghanistan as part of the unique

12 historical and cultural heritage of that nation for

13 more than 1,100 years.

14 (5) The destruction of the pre-Islamic statues

15 contradicts the basic tenet of the Islamic religion

16 that other religions should be tolerated.

17 (6) People of all faiths and nationalities have

18 condemned the destruction of the statues in Afghan19 istan, including Muslim communities around the

20 world.

21 (7) The destruction of the statues violates the

22 United Nations Convention Concerning the Protec23 tion of the World Cultural and Natural Heritage,

24 which was ratified by Afghanistan on March 20,

25 1979.
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1 (b) SENSE OF CONGRESS.—The Congress—

2 (1) joins with people and governments around

3 the world in condemning the destruction of pre-Is4 lamic statues in Afghanistan by the Taliban regime;

5 (2) urges the Taliban regime to stop destroying

6 such statues; and

7 (3) calls upon the Taliban regime to grant

8 international organizations immediate access to Af9 ghanistan to survey the damage and facilitate inter10 national efforts to preserve and safeguard the re11 maining statues.

12 SEC. 734. SENSE OF CONGRESS RELATING TO RESOLUTION

13 OF THE TAIWAN STRAIT ISSUE.

14 It is the sense of the Congress that Taiwan is a ma15 ture democracy and it is the policy of the United States

16 that any resolution of the Taiwan Strait issue must be

17 peaceful and include the assent of the people of Taiwan.

18 SEC. 735. SENSE OF CONGRESS RELATING TO ARSENIC

19 CONTAMINATION IN DRINKING WATER IN

20 BANGLADESH.

21 (a) FINDINGS.—In the early 1970s, the United Na22 tions Children’s Fund (UNICEF) and the Bangladeshi

23 Department of Public Health Engineering, in an attempt

24 to bring clean drinking water to the people of Bangladesh,

25 installed tube wells to access shallow aquifers. This was
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1 done to provide an alternative to contaminated surface

2 water sources. However, at the time the wells were in3 stalled, arsenic was not recognized as a problem in water

4 supplies and standard water testing procedures did not in5 clude arsenic tests. Naturally occurring inorganic arsenic

6 contamination of water in those tube-wells was confirmed

7 in 1993 in the Nawabganj district in Bangladesh. The

8 health effects of ingesting arsenic-contaminated drinking

9 water appear slowly. This makes preventative measures,

10 including drawing arsenic out of the existing tube well and

11 finding alternate sources of water, critical to preventing

12 future contamination in large numbers of the Bangladeshi

13 population. Health effects of exposure to arsenic in both

14 adults and children include skin lesions, skin cancer, and

15 mortality from internal cancers.

16 (b) SENSE OF CONGRESS.—The Secretary of State

17 should work with appropriate United States Government

18 agencies, national laboratories, universities in the United

19 States, the Government of Bangladesh, international fi20 nancial institutions and organizations, and international

21 donors to identify a long term solution to the arsenic-con22 taminated drinking water problem.

23 (c) REPORT TO CONGRESS.—The Secretary of State

24 should report to the Congress on proposals to bring about

25 arsenic-free drinking water to Bangladeshis and to facili-
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1 tate treatment for those who have already been affected

2 by arsenic-contaminated drinking water in Bangladesh.

3 SEC. 736. SENSE OF CONGRESS RELATING TO DISPLAY OF

4 THE AMERICAN FLAG AT THE AMERICAN IN5 STITUTE IN TAIWAN.

6 It is the sense of the Congress that the chancery of

7 the American Institute in Taiwan and the residence of the

8 director of the American Institute in Taiwan should pub9 licly display the flag of the United States in the same man10 ner as United States embassies, consulates, and official

11 residences throughout the world.

12 SEC. 737. SENSE OF CONGRESS REGARDING HUMAN

13 RIGHTS VIOLATIONS IN WEST PAPUA AND

14 ACEH, INCLUDING THE MURDER OF JAFAR

15 SIDDIQ HAMZAH, AND ESCALATING VIO16 LENCE IN MALUKU AND CENTRAL

17 KALIMANTAN.

18 (a) FINDINGS.—The Congress makes the following

19 findings:

20 (1) Human rights violations by elements of the

21 Indonesian Government continue to worsen in West

22 Papua (Irian Jaya) and Aceh, while other areas in23 cluding the Moluccas (Maluku) and Central

24 Kalimantan have experienced outbreaks of violence

25 by militia forces and other organized groups.
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1 (2) Seven West Papuans were shot dead by In2 donesian security forces following a flag-raising cere3 mony in the town of Merauke on December 2, 2000,

4 and in a separate incident four others were report5 edly killed by Indonesian security forces after a West

6 Papuan flag was raised in Tiom on December 18,

7 2000.

8 (3) Indonesian police have attacked peaceful

9 West Papuan civilians, including students in their

10 dormitories at Cenderawasih University on Decem11 ber 6, 2000. This attack resulted in the beating and

12 arrests of some 100 students as well as the deaths

13 of three students, including one in police custody in

14 the capital city of Jayapura.

15 (4) To escape Indonesian security forces, hun16 dreds of peaceful West Papuans have sought safety

17 in refugee camps across the border in the neigh18 boring state of Papua New Guinea (PNG).

19 (5) The Indonesian armed forces have an20 nounced that they are initiating ‘‘limited military op21 erations’’ in Aceh, where the Exxon-Mobil gas com22 pany has suspended operations due to security con23 cerns.

24 (6) On September 7, 2000, the body of

25 Acehnese human rights lawyer Jafar Siddiq
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1 Hamzah, who had been missing for a month, was

2 identified along with four other badly decomposed

3 bodies, whose faces were bashed in and whose hands

4 and feet were bound with barbed wire, in a forested

5 area outside of Medan, in North Sumatra.

6 (7) Hamzah, a permanent resident of the

7 United States who resided in Queens, New York,

8 was last seen alive on August 5, 2000, in Medan,

9 after which he failed to keep an appointment and his

10 family lost all contact with him.

11 (8) As the founder and director of the Inter12 national Forum on Aceh, which works for peace and

13 human rights in Aceh, Hamzah was an important

14 voice of moderation and an internationally known

15 representative of his people who made irreplaceable

16 contributions to peace and respect for human rights

17 in his homeland.

18 (9) The Indonesian government has failed to re19 lease the results of Jafar Siddiq Hamzah’s autopsy

20 report, and the inaccessibility of the report has de21 layed the investigation which could lead to bringing

22 the murderers to justice.

23 (10) There is supporting documentation from

24 the United States Department of State and other re25 liable sources that Indonesian military and police
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1 forces have committed widespread acts of torture,

2 rape, disappearance and extra-judicial executions

3 against West Papuan and Acehnese civilians.

4 (11) In Maluku, where Muslim and Christian

5 peoples lived in peace and respected with each other

6 for decades, thousands have been killed and tens of

7 thousands displaced during outbreaks of violence

8 over the past three years.

9 (12) Militia forces known as the Laskar Jihad

10 have arrived from Java and other islands outside

11 Maluku to inflame hatred and perpetrate violence

12 against Christians, and to create religious intoler13 ance among the people of Maluku, and the Laskar

14 Jihad has been openly encouraged by some Indo15 nesian leaders including Amien Rais, Chair of the

16 People’s Consultative Assembly.

17 (13) Muslim and Christian leaders alike have

18 called for the arrest of militia leaders in Maluku and

19 asking for international assistance in ending this

20 devastating conflict.

21 (14) The most recent instance of widespread vi22 olence in Indonesia has broken out on the island of

23 Kalimantan (Borneo), in the province of Central

24 Kalimantan, where indigenous Dayaks brutally at-
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1 tacked migrant Madurese, killing hundreds and

2 causing thousands of others to flee.

3 (15) The people of the island of Madura who

4 were resettled in Kalimantan under the auspices of

5 the Soeharto government’s transmigration program,

6 which served to strengthen the political control of

7 the regime, have become scapegoats for official gov8 ernment policy, while the Dayaks have suffered from

9 this policy and from official exploitation of the nat10 ural resources of their homeland.

11 (b) SENSE OF CONGRESS.—The Congress—

12 (1) expresses its deep concern over ongoing

13 human rights violations committed by Indonesian

14 military and police forces against civilians in West

15 Papua and Aceh, as well as over violence by militias

16 and others in Maluku, Central Kalimantan, and else17 where in Indonesia;

18 (2) calls upon the United States Department of

19 State to publicly protest the reemergence of political

20 imprisonment in Indonesia and to take necessary

21 steps to release, immediately and unconditionally, all

22 political prisoners, including Rev. Obed Komba, Rev.

23 Yudas Meage, Yafet Yelemaken, Murjono Murib and

24 Amelia Yigibalom of West Papua, and Muhammad

25 Nazar of Aceh, all adopted by Amnesty International
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1 as Prisoners of Conscience, and student demonstra2 tors Matius Rumbrapuk, Laon Wenda, Jenderal

3 Achmad Yani, Joseph Wenda and Hans Gobay of

4 West Papua.

5 (3) calls upon the Department of State to sup6 port and encourage the Government of Indonesia to

7 engage in peaceful dialogue with respected West

8 Papuan community leaders and other members of

9 West Papuan civil society, as prescribed by the 1999

10 Terms of Reference for the National Dialogue on

11 Irian Jaya, and to urge the Governor of West Papua

12 to create an environment conducive to the peaceful

13 repatriation of West Papuan refugees and ‘‘illegal

14 border crossers’’ who now reside in Papua New

15 Guinea.

16 (4) calls upon the United States Government to

17 press the Government of Indonesia to permit access

18 to West Papua and Aceh, including the project areas

19 of the United States-owned Freeport mine and

20 Exxon-Mobil facilities, by independent human rights

21 and environmental monitors, including the United

22 Nations special rapporteurs on torture and extra-ju23 dicial execution, as well as by humanitarian non24 governmental organizations;
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1 (5) calls upon the United States Government to

2 press for the withdrawal of nonorganic troops from

3 West Papua and Aceh, and an overall reduction of

4 force numbers in those areas, particularly along the

5 PNG border;

6 (6) calls upon the Government of Indonesia to

7 release the autopsy report of Jafar Siddiq Hamzah

8 immediately, to conduct a thorough, open, and

9 transparent investigation of the murder of Hamzah

10 and the four others with whom he was found, to

11 offer full access and support to independent inves12 tigators and forensics experts brought in to examine

13 these cases, and to ensure that the perpetrators of

14 these atrocities are brought to justice through open

15 and fair trials;

16 (7) condemns the recent atrocities in Central

17 Kalimantan the failure of Indonesian police and

18 other security forces to intervene to stop these atroc19 ities, as well as the underlying social and economic

20 conditions caused by systematic transmigration pro21 grams, imported labor, and inequitable and destruc22 tive exploitation of local natural resources that have

23 worsened the poverty and discrimination which were

24 contributing factors in their commission;
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1 (8) condemns comparable Indonesian Govern2 ment policies in Maluku and the failure of Indo3 nesian police and other security forces in and around

4 Ambon to halt sectarian violence, including the oper5 ations of the Laskar Jihad militia;

6 (9) calls upon the Government of Indonesia to

7 take decisive action to halt sectarian violence in

8 Maluku and to arrest those guilty of violence, includ9 ing Laskar Jihad militia leaders and armed forces

10 officers guilty of complicity in their operations

11 against civilians, and to make significant progress

12 towards rehabilitation and reestablishment of local

13 communities displaced by the violence and rebuild

14 the physical infrastructure of the communities;

15 (10) calls upon the Department of State to sup16 port United Nations and other international delega17 tions and monitoring efforts by international and

18 nongovernmental agencies in West Papua, Aceh,

19 Maluku, Central Kalimantan, West Timor, and other

20 areas of Indonesia in order to deter further human

21 rights violations, and to encourage and support

22 international and nongovernmental agencies in ef23 forts to help the people of Indonesia rebuild and re24 habilitate communities torn by violence, particularly

25 by assisting in the return of internally displaced peo-
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1 ples and in efforts at reconciliation within and

2 among communities;

3 (11) calls upon the Department of State to en4 sure that all appropriate information regarding cur5 rent conditions in the West Papua, Aceh, Maluku,

6 Kalimantan, and elsewhere in Indonesia is included

7 in the Annual Country Reports on Human Rights

8 Practices and the Annual Report on International

9 Religious Freedom;

10 (12) calls upon the Government of Indonesia to

11 devote official attention, in an atmosphere of open12 ness and transparency and oversight, to investiga13 tions into the numerous cases of disappearances,

14 extrajudicial killings, and other serious human rights

15 violations in West Papua, Aceh, Maluku, Central

16 Kalimantan, elsewhere in Indonesia, and occupied

17 East Timor; and

18 (13) calls upon the United States Government

19 to continue to insist upon vigorous investigation into

20 all such violations, and upon trials according to

21 international standards for military and police offi22 cers, militia leaders, and others accused of such vio23 lations.
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1 TITLE VIII—SECURITY

2 ASSISTANCE

3 SEC. 801. SHORT TITLE.

4 This title may be cited as the ‘‘Security Assistance

5 Act of 2001’’.

6 Subtitle A—Military and Related

7 Assistance

8 CHAPTER 1—FOREIGN MILITARY SALES

9 AND FINANCING AUTHORITIES

10 SEC. 811. OFFICIAL RECEPTION AND REPRESENTATION EX11 PENSES.

12 Section 43(c) of the Arms Export Control Act (22

13 U.S.C. 2792(c)) is amended by striking ‘‘$72,500’’ and

14 inserting ‘‘$86,500’’.

15 SEC. 812. QUARTERLY REPORT ON PRICE AND AVAIL16 ABILITY ESTIMATES.

17 Chapter 2 of the Arms Export Control Act (22

18 U.S.C. 2761 et seq.) is amended by adding at the end

19 the following:

20 ‘‘SEC. 28. QUARTERLY REPORT ON PRICE AND AVAIL21 ABILITY ESTIMATES.

22 ‘‘(a) QUARTERLY REPORT.—Not later than 15 days

23 after the end of each calendar quarter, the President shall

24 transmit to the Committee on International Relations of

25 the House of Representatives and the Committee on For-
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1 eign Relations of the Senate a report that contains the

2 information described in subsection (b).

3 ‘‘(b) INFORMATION.—The information described in

4 this subsection is the following:

5 ‘‘(1)(A) Each price and availability estimate

6 provided by the United States Government during

7 such calendar quarter to a foreign country with re8 spect to a possible sale under this Act of major de9 fense articles having a cost of $7,000,000 or more,

10 or of any other defense articles or services having a

11 cost of $25,000,000 or more.

12 ‘‘(B) The name of each foreign country to

13 which an estimate described in subparagraph (A)

14 was provided, the defense articles or services in15 volved, the quantity of the articles or services in16 volved, and the price estimate.

17 ‘‘(2)(A) Each request received by the United

18 States Government from a foreign country during

19 such calendar quarter for the issuance of a letter of

20 offer to sell defense articles or defense services if the

21 proposed sale does not include a price and avail22 ability estimate (as described in paragraph (1)(A)).

23 ‘‘(B) The name of each foreign country that

24 makes a request described in subparagraph (A), the

25 date of the request, the defense articles or services
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1 involved, the quantity of the articles or services in2 volved, and the price and availability terms re3 quested.’’.

4 CHAPTER 2—EXCESS DEFENSE ARTICLE

5 AND DRAWDOWN AUTHORITIES

6 SEC. 821. EXCESS DEFENSE ARTICLES FOR CERTAIN EURO7 PEAN AND OTHER COUNTRIES.

8 (a) CENTRAL AND SOUTHERN EUROPEAN COUN9 TRIES.—Section 105 of Public Law 104–164 (110 Stat.

10 1427) is amended by striking ‘‘2000 and 2001’’ and in11 serting ‘‘2001, 2002, and 2003’’.

12 (b) CERTAIN OTHER COUNTRIES.—Notwithstanding

13 section 516(e) of the Foreign Assistance Act of 1961 (22

14 U.S.C. 2321j(e), during each of the fiscal years 2002 and

15 2003, funds available to the Department of Defense may

16 be expended for crating, packing, handling, and transpor17 tation of excess defense articles transferred under the au18 thority of section 516 of such Act to Albania, Bulgaria,

19 Croatia, Estonia, the Former Yugoslavia Republic of Mac20 edonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lith21 uania, Moldova, Mongolia, Slovakia, Turkmenistan,

22 Ukraine, and Uzbekistan.

23 (c) CONTENT OF CONGRESSIONAL NOTIFICATION.—

24 Each notification required to be submitted under section

25 516(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
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1 2321j(f)) with respect to a proposed transfer of a defense

2 article described in subsection (b) shall include an esti3 mate of the amount of funds to be expended under such

4 subsection with respect to that transfer.

5 SEC. 822. ANNUAL REPORT ON PROJECTED AVAILABILITY

6 OF EXCESS DEFENSE ARTICLES.

7 (a) REPORT.—Not later than 30 days prior to the

8 commencement of each fiscal year, the Secretary of De9 fense shall transmit to the Secretary of State a report set10 ting forth, to the maximum extent feasible, the availability

11 of excess defense articles for the next fiscal year for the

12 purpose of enabling the Department of State to factor

13 such availability into annual security assistance plans.

14 (b) DEFINITION.—The term ‘‘excess defense article’’

15 has the meaning given the term in section 644(g) of the

16 Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)).

17 SEC. 823. EXPANDED DRAWDOWN AUTHORITY.

18 Section 506(c) of the Foreign Assistance Act of 1961

19 (22 U.S.C. 2318(c)) is amended to read as follows:

20 ‘‘(c) For the purposes of any provision of law that

21 authorizes the drawdown of defense or other articles or

22 commodities, or defense or other services from an agency

23 of the United States Government, such drawdown may in24 clude the supply of commercial transportation and related

25 services and defense or other articles or commodities, or
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1 defense or other services, that are acquired by contract

2 for the purposes of the drawdown in question, if the cost

3 to acquire such items or services is less than the cost to

4 the United States Government of providing such items or

5 services from existing agency assets.’’.

6 SEC. 824. LEASES OF DEFENSE ARTICLES FOR FOREIGN

7 COUNTRIES AND INTERNATIONAL ORGANIZA8 TIONS.

9 Section 61(b) of the Arms Export Control Act (22

10 U.S.C. 2796(b)) is amended—

11 (1) by striking ‘‘(b) Each lease agreement’’ and

12 inserting ‘‘(b)(1) Each lease agreement’’; and

13 (2) by striking ‘‘of not to exceed five years’’

14 and inserting ‘‘which may not exceed (A) five years,

15 and (B) a specified period of time required to com16 plete major refurbishment work of the leased articles

17 to be performed prior to the delivery of the leased

18 articles,’’; and

19 (3) by adding at the end the following:

20 ‘‘(2) In this subsection, the term ‘major refurbish21 ment work’ means work for which the period of perform22 ance is six months or more’’.
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1 CHAPTER 3—NONPROLIFERATION AND

2 EXPORT CONTROL ASSISTANCE

3 SEC. 831. INTERNATIONAL COUNTERPROLIFERATION EDU4 CATION AND TRAINING.

5 Chapter 9 of part II of the Foreign Assistance Act

6 of 1961 (22 U.S.C. 2349bb et seq.) is amended—

7 (1) by redesignating sections 584 and 585 as

8 sections 585 and 586, respectively; and

9 (2) by inserting after section 583 the following:

10 ‘‘SEC. 584. INTERNATIONAL COUNTER-PROLIFERATION

11 EDUCATION AND TRAINING.

12 ‘‘(a) GENERAL AUTHORITY.—The President is au13 thorized to furnish, on such terms and conditions con14 sistent with this chapter (but whenever feasible on a reim15 bursable basis), education and training to foreign govern16 mental and military personnel for the purpose of enhanc17 ing the nonproliferation and export control capabilities of

18 such personnel through their attendance in special courses

19 of instruction in the United States.

20 ‘‘(b) ADMINISTRATION OF COURSES.—The Secretary

21 of State shall have overall responsibility for the develop22 ment and conduct of international nonproliferation edu23 cation and training programs, but may rely upon any of

24 the following agencies to recommend personnel for the
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1 education and training, and to administer specific courses

2 of instruction:

3 ‘‘(1) The Department of Defense (including na4 tional weapons laboratories under contract with the

5 Department).

6 ‘‘(2) The Department of Energy (including na7 tional weapons laboratories under contract with the

8 Department).

9 ‘‘(3) The Department of Commerce.

10 ‘‘(4) The intelligence community (as defined in

11 section 3(4) of the National Security Act of 1947

12 (50 U.S.C. 401a(4)).

13 ‘‘(5) The United States Customs Service.

14 ‘‘(6) The Federal Bureau of Investigation.

15 ‘‘(c) PURPOSES.—Education and training activities

16 conducted under this section shall be—

17 ‘‘(1) of a technical nature, emphasizing tech18 niques for detecting, deterring, monitoring, inter19 dicting, and countering proliferation;

20 ‘‘(2) designed to encourage effective and mutu21 ally beneficial relations and increased understanding

22 between the United States and friendly countries;

23 and

24 ‘‘(3) designed to improve the ability of friendly

25 countries to utilize their resources, including defense
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1 articles and defense services obtained by them from

2 the United States, with maximum effectiveness,

3 thereby contributing to greater self-reliance by such

4 countries.’’.

5 SEC. 832. ANNUAL REPORT ON THE PROLIFERATION OF

6 MISSILES AND ESSENTIAL COMPONENTS OF

7 NUCLEAR, BIOLOGICAL, AND CHEMICAL

8 WEAPONS.

9 (a) REPORT.—

10 (1) IN GENERAL.—The President shall transmit

11 to the appropriate congressional committees an an12 nual report on the transfer by any country of weap13 ons, technology, components, or materials that can

14 be used to deliver, manufacture (including research

15 and experimentation), or weaponize nuclear, biologi16 cal, or chemical weapons (hereinafter in this section

17 referred to as ‘‘NBC weapons’’) to any country other

18 than a country referred to in subsection (c) that is

19 seeking to possess or otherwise acquire such weap20 ons, technology, or materials, or other system that

21 the Secretary of State or Secretary of Defense has

22 reason to believe could be used to develop, acquire,

23 or deliver NBC weapons.

24 (2) DEADLINE FOR INITIAL REPORT.—The first

25 such report shall be submitted not later than 90
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1 days after the date of the enactment of this Act and

2 on April 1 of each year thereafter.

3 (b) MATTERS TO BE INCLUDED.—Each such report

4 shall include, but not be limited to—

5 (1) the transfer of all aircraft, cruise missiles,

6 artillery weapons, unguided rockets and multiple

7 rocket systems, and related bombs, shells, warheads

8 and other weaponization technology and materials

9 that the Secretary of State or the Secretary of De10 fense has reason to believe may be intended for the

11 delivery of NBC weapons;

12 (2) international transfers of MTCR equipment

13 or technology to any country that is seeking to ac14 quire such equipment or any other system that the

15 Secretary of State or the Secretary of Defense has

16 reason to believe may be used to deliver NBC weap17 ons; and

18 (3) the transfer of technology, test equipment,

19 radioactive materials, feedstocks and cultures, and

20 all other specialized materials that the Secretary of

21 State or the Secretary of Defense has reason to be22 lieve could be used to manufacture NBC weapons.

23 (c) CONTENT OF REPORT.—Each such report shall in24 clude the following with respect to preceding calendar

25 year:
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1 (1) The status of missile, aircraft, and other

2 NBC weapons delivery and weaponization programs

3 in any such country, including efforts by such coun4 try or by any subnational group to acquire MTCR5 controlled equipment, NBC-capable aircraft, or any

6 other weapon or major weapon component which

7 may be utilized in the delivery of NBC weapons,

8 whose primary use is the delivery of NBC weapons,

9 or that the Secretary of State of the Secretary of

10 Defense has reason to believe could be used to de11 liver NBC weapons.

12 (2) The status of NBC weapons development, ac13 quisition, manufacture, stockpiling, and deployment

14 programs in any such country, including efforts by

15 such country or by any subnational group to acquire

16 essential test equipment, manufacturing equipment

17 and technology, weaponization equipment and tech18 nology, and radioactive material, feedstocks or com19 ponents of feedstocks, and biological cultures and

20 toxins.

21 (3) A description of assistance provided by any

22 person or government, after the date of the enact23 ment of this Act, to any such country or subnational

24 group in the acquisition or development of—

25 (A) NBC weapons;
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1 (B) missile systems, as defined in the

2 MTCR or that the Secretary of State or the

3 Secretary of Defense has reason to believe may

4 be used to deliver NBC weapons; and

5 (C) aircraft and other delivery systems and

6 weapons that the Secretary of State or the Sec7 retary of Defense has reason to believe could be

8 used to deliver NBC weapons.

9 (4) A listing of those persons and countries

10 which continue to provide such equipment or tech11 nology described in paragraph (3) to any country or

12 subnational group as of the date of submission of

13 the report, including the extent to which foreign per14 sons and countries were found to have knowingly

15 and materially assisted such programs.

16 (5) A description of the use of, or substantial

17 preparations to use, the equipment of technology de18 scribed in paragraph (3) by any foreign country or

19 subnational group.

20 (6) A description of the diplomatic measures that

21 the United States, and that other adherents to the

22 MTCR and other arrangements affecting the acqui23 sition and delivery of NBC weapons, have made with

24 respect to activities and private persons and govern-
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1 ments suspected of violating the MTCR and such

2 other arrangements.

3 (7) An analysis of the effectiveness of the regu4 latory and enforcement regimes of the United States

5 and other countries that adhere to the MTCR and

6 other arrangements affecting the acquisition and de7 livery of NBC weapons in controlling the export of

8 MTCR and other NBC weapons and delivery system

9 equipment or technology.

10 (8) A summary of advisory opinions issued under

11 section 11B(b)(4) of the Export Administration Act

12 of 1979 (50 U.S.C. App. 2401b(b)(4)) and under

13 section 73(d) of the Arms Export Control Act (22

14 U.S.C. 2797b(d)).

15 (9) An explanation of United States policy re16 garding the transfer of MTCR equipment or tech17 nology to foreign missile programs, including pro18 grams involving launches of space vehicles.

19 (10) A description of each transfer by any per20 son or government during the preceding 12-month

21 period which is subject to sanctions under the Iran22 Iraq Arms Non-Proliferation Act of 1992 (title XVI

23 of Public Law 102–484).

24 (c) EXCLUSIONS.—The countries excluded under sub25 section (a) are Australia, Belgium, Canada, Denmark,
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1 France, Germany, Greece, Iceland, Italy, Japan, Luxem2 bourg, the Netherlands, Norway, Portugal, Spain, Turkey,

3 the United Kingdom, and the United States.

4 (d) CLASSIFICATION OF REPORT.—The Secretary of

5 State shall make every effort to submit all of the informa6 tion required by this section in unclassified form. When7 ever the Secretary submits any such information in classi8 fied form, the Secretary shall submit such classified infor9 mation in an addendum and shall also submit concurrently

10 a detailed summary, in unclassified form, of that classified

11 information.

12 (e) DEFINITIONS.—In this section:

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means—

16 (A) the Committee on Appropriations, the

17 Committee on Armed Services, and the Com18 mittee on International Relations of the House

19 of Representatives; and

20 (B) the Committees on Appropriations, the

21 Committee on Armed Services, and the Com22 mittee on Foreign Relations of the Senate.

23 (2) MISSILE; MTCR; MTCR EQUIPMENT OR

24 TECHNOLOGY.—The terms ‘‘missile’’, ‘‘MTCR’’, and

25 ‘‘MTCR equipment or technology’’ have the mean-
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1 ings given those terms in section 74 of the Arms Ex2 port Control Act (22 U.S.C. 2797c).

3 (3) PERSON.—The term ‘‘person’’ means any

4 United States or foreign individual, partnership, cor5 poration, or other form of association, or any of its

6 successor entities, parents, or subsidiaries.

7 (4) WEAPONIZE; WEAPONIZATION.—The term

8 ‘‘weaponize’’ or ‘‘weaponization’’ means to incor9 porate into, or the incorporation into, usable ord10 nance or other militarily useful means of delivery.

11 (f) REPEALS.—

12 (1) IN GENERAL.—The following provisions of

13 law are repealed:

14 (A) Section 1097 of the National Defense

15 Authorization Act for Fiscal Years 1992 and

16 1993 (22 U.S.C. 2751 note).

17 (B) Section 308 of the Chemical and Bio18 logical Weapons Control and Warfare Elimi19 nation Act of 1991 (22 U.S.C. 5606).

20 (C) Section 1607(a) of the Iran-Iraq Arms

21 Non-Proliferation Act of 1992 (Public Law

22 102–484).

23 (D) Paragraph (d) of section 585 of the

24 Foreign Operations, Export Financing, and Re25 lated Programs Appropriations Act, 1997 (as
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1 contained in section 101(c) of title I of division

2 A of Public Law 104–208).

3 (2) CONFORMING AMENDMENTS.—Section 585

4 of the Foreign Operations, Export Financing, and

5 Related Programs Appropriations Act, 1997, is

6 amended—

7 (A) in paragraph (b), by adding ‘‘and’’ at

8 the end; and

9 (B) in paragraph (c), by striking ‘‘; and’’

10 and inserting a period.

11 SEC. 833. FIVE-YEAR INTERNATIONAL ARMS CONTROL AND

12 NONPROLIFERATION STRATEGY.

13 (a) STRATEGY.—Not later than 180 days after the

14 date of the enactment of this Act, the Secretary of State

15 shall prepare and submit to the appropriate congressional

16 committees a five-year international arms control and non17 proliferation strategy. The strategy shall contain the fol18 lowing:

19 (1) A five-year plan for the reduction of exist20 ing nuclear, chemical, and biological weapons and

21 ballistic missiles and for controlling the proliferation

22 of these weapons.

23 (2) Identification of the goals and objectives of

24 the United States with respect to arms control and
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1 nonproliferation of weapons of mass destruction and

2 their delivery systems.

3 (3) A description of the programs, projects, and

4 activities of the Department of State intended to ac5 complish goals and objectives described in paragraph

6 (2).

7 (b) DEFINITION.—In this section, the term ‘‘appro8 priate congressional committees’’ means the Committee on

9 International Relations of the House of Representatives

10 and the Committee on Foreign Relations of the Senate.

11 Subtitle B—Strengthening the

12 Munitions Licensing Process

13 SEC. 841. LICENSE OFFICER STAFFING.

14 (a) FUNDING.—Of the amounts authorized to be ap15 propriated under the appropriations account entitled

16 ‘‘DIPLOMATIC AND CONSULAR PROGRAMS’’ for fiscal years

17 2002 and 2003, not less than $10,000,000 shall be made

18 available each such fiscal year for the Office of Defense

19 Trade Controls of the Department of State for salaries

20 and expenses.

21 (b) ASSIGNMENT OF LICENSE REVIEW OFFICERS.—

22 Effective January 1, 2002, the Secretary of State shall

23 assign to the Office of Defense Trade Controls of the De24 partment of State a sufficient number of license review
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1 officers to ensure that the average weekly caseload for

2 each officer does not exceed 40.

3 (c) DETAILEES.—Given the priority placed on expe4 dited license reviews in recent years by the Department

5 of Defense, the Secretary of Defense should ensure that

6 10 military officers are continuously detailed to the Office

7 of Defense Trade Controls of the Department of State on

8 a nonreimbursable basis.

9 SEC. 842. FUNDING FOR DATABASE AUTOMATION.

10 Of the amounts authorized to be appropriated under

11 the appropriations account entitled ‘‘CAPITAL INVEST12 MENT FUND’’ for fiscal years 2002 and 2003, not less

13 than $4,000,000 shall be made available each such fiscal

14 year for the Office of Defense Trade Controls of the De15 partment of State for the modernization of information

16 management systems.

17 SEC. 843. INFORMATION MANAGEMENT PRIORITIES.

18 (a) OBJECTIVE.—The Secretary of State shall estab19 lish a secure, Internet-based system for the filing and re20 view of applications for export of Munitions List items.

21 (b) ESTABLISHMENT OF A MAINFRAME.—Of the

22 amounts made available pursuant to section 842, not less

23 than $3,000,000 each such fiscal year shall be made avail24 able to fully automate the Defense Trade Application Sys25 tem, and to ensure that the system—
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1 (1) is an electronic system for the filing and re2 view of Munitions List license applications;

3 (2) is secure, with modules available through

4 the Internet; and

5 (3) is capable of exchanging data with—

6 (A) the Foreign Disclosure and Technology

7 Information System and the USXPORTS sys8 tems of the Department of Defense;

9 (B) the Export Control System of the Cen10 tral Intelligence Agency; and

11 (C) the Proliferation Information Network

12 System of the Department of Energy.

13 (c) MUNITIONS LIST DEFINED.—In this section, the

14 term ‘‘Munitions List’’ means the United States Muni15 tions List of defense articles and defense services con16 trolled under section 38 of the Arms Export Control Act

17 (22 U.S.C. 2778).

18 SEC. 844. IMPROVEMENTS TO THE AUTOMATED EXPORT

19 SYSTEM.

20 (a) MANDATORY FILING.—The Secretary of Com21 merce, with the concurrence of the Secretary of State,

22 shall publish regulations in the Federal Register to re23 quire, upon the effective date of those regulations, the

24 mandatory filing through the Automated Export System

25 for the remainder of exports requiring an export license
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1 that were not covered by regulations issued pursuant to

2 section 1252(b) of the Security Assistance Act of 1999

3 (113 Stat. 1501A–506), as enacted into law by section

4 1000(a)(7) of Public Law 106–113.

5 (b) PLANS FOR INCLUSION OF COMMODITY DOCU6 MENTATION.—

7 (1) IN GENERAL.—Not later than 180 days

8 after the date of enactment of this Act, the Sec9 retary of Commerce, in consultation with the Secre10 taries of State, Defense, Energy, and Treasury, and

11 the Director of Central Intelligence, shall submit a

12 report to the appropriate congressional committees

13 discussing the economic impact, and national secu14 rity implications, of requiring all exporters to file

15 commodity documentation through the Automated

16 Export System.

17 (2) DEFINITION.—In this subsection, the term

18 ‘‘appropriate congressional committees’’ means the

19 Committee on Foreign Relations of the Senate and

20 the Committee on International Relations of the

21 House of Representatives.

22 (c) REQUIREMENT FOR INFORMATION SHARING.—

23 The Secretary of State shall conclude an information shar24 ing arrangement with the heads of United States Customs

25 Service and the Census Bureau—
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1 (1) to allow the Department of State to access

2 information on controlled exports made through the

3 United States Postal Service; and

4 (2) to adjust the Automated Export System to

5 parallel information currently collected by the De6 partment of State.

7 SEC. 845. CONGRESSIONAL NOTIFICATION OF REMOVAL OF

8 ITEMS FROM THE MUNITIONS LIST.

9 Section 38(f)(1) of the Arms Export Control Act (22

10 U.S.C. 2778(f)(1)) is amended in the third sentence to

11 read as follows: ‘‘The President may not remove any item

12 from the Munitions List until 30 days after the date on

13 which the President has provided notice of the proposed

14 removal to the Committee on International Relations of

15 the House of Representatives and to the Committee on

16 Foreign Relations of the Senate in accordance with the

17 procedures applicable to reprogramming notifications

18 under section 634A(a) of the Foreign Assistance Act of

19 1961. Such notice shall describe the nature of any controls

20 to be imposed on that item under any other provision of

21 law.’’.

22 SEC. 846. CONGRESSIONAL NOTIFICATION THRESHOLDS

23 FOR ALLIED COUNTRIES.

24 The Arms Export Control Act (22 U.S.C. 2751 et

25 seq.) is amended—
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1 (1) in paragraphs (1) and (3)(A) of section

2 3(d), by adding after ‘‘at $50,000,000 or more’’

3 each place it appears the following: ‘‘(or, in the case

4 of a transfer to a country which is a member coun5 try of the North Atlantic Treaty Organization

6 (NATO) or Australia, Japan, or New Zealand, any

7 major defense equipment valued (in terms of its

8 original acquisition cost) at $25,000,000 or more, or

9 of defense articles or defense services valued (in

10 terms of its original acquisition cost) at

11 $100,000,000 or more)’’;

12 (2) in section 36(b)(1), by adding after ‘‘for

13 $14,000,000 or more’’ the following: ‘‘(or, in the

14 case of a letter of offer to sell to a country which

15 is a member country of the North Atlantic Treaty

16 Organization (NATO) or Australia, Japan, or New

17 Zealand, any major defense equipment under this

18 Act for $25,000,000 or more, any defense articles or

19 services for $100,000,000 or more, or any design

20 and construction services for $300,000,000 or

21 more)’’;

22 (3) in section 36(b)(5)(C), by adding after ‘‘or

23 $200,000,000 or more in the case of design or con24 struction services’’ the following: ‘‘(or, in the case of

25 a letter of offer to sell to a country which is a mem-
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1 ber country of the North Atlantic Treaty Organiza2 tion (NATO) or Australia, Japan, or New Zealand,

3 any major defense equipment for $25,000,000 or

4 more, any defense articles or services for

5 $100,000,000 or more, or any design and construc6 tion services for $300,000,000 or more)’’;

7 (4) in section 36(c)(1), by adding after

8 ‘‘$50,000,000 or more’’ the following: ‘‘(or, in the

9 case of an application by a person (other than with

10 regard to a sale under section 21 or section 22 of

11 this Act) for a license for the export to a country

12 which is a member country of the North Atlantic

13 Treaty Organization (NATO) or Australia, Japan,

14 or New Zealand, of any major defense equipment

15 sold under a contract in the amount of $25,000,000

16 or more or of defense articles or defense services

17 sold under a contract in the amount of

18 $100,000,000 or more)’’; and

19 (5) in section 63(a), by adding after

20 ‘‘$50,000,000 or more’’ the following: ‘‘(or, in the

21 case of such an agreement with a country which is

22 a member country of the North Atlantic Treaty Or23 ganization (NATO) or Australia, Japan, or New

24 Zealand, (i) major defense equipment valued (in

25 terms of its replacement cost less any depreciation
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1 in its value) at $25,000,000 or more, or (ii) defense

2 articles valued (in terms of their replacement cost

3 less any depreciation in their value) at $100,000,000

4 or more)’’.

5 Subtitle C—Authority to Transfer

6 Naval Vessels

7 SEC. 851. AUTHORITY TO TRANSFER NAVAL VESSELS TO

8 CERTAIN FOREIGN COUNTRIES.

9 (a) AUTHORITY TO TRANSFER.—

10 (1) BRAZIL.—The President is authorized to

11 transfer to the Government of Brazil the ‘‘Newport’’

12 class tank landing ship Peoria (LST 1183). Such

13 transfer shall be on a sale basis under section 21 of

14 the Arms Export Control Act (22 U.S.C. 2761).

15 (2) POLAND.—The President is authorized to

16 transfer to the Government of Poland the ‘‘Oliver

17 Hazard Perry’’ class guided missile frigate Wads18 worth (FFG 9). Such transfer shall be on a grant

19 basis under section 516 of the Foreign Assistance

20 Act of 1961 (22 U.S.C. 2321j).

21 (3) TAIWAN.—The President is authorized to

22 transfer to the Taipai Economic and Cultural Rep23 resentative Office in the United States (which is the

24 Taiwan instrumentality designated pursuant to sec25 tion 10(a) of the Taiwan Relations Act) the ‘‘Kidd’’
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1 class guided missile destroyers Kidd (DDG 993),

2 Callaghan (DDG 994), Scott (DDG 995), and Chan3 dler (DDG 996). Such transfers shall be on a sales

4 basis under section 21 of the Arms Export Control

5 Act (22 U.S.C. 2761).

6 (4) TURKEY.—The President is authorized to

7 transfer to the ‘‘Oliver Hazard Perry’’ class guided

8 missile frigates Estocin (FFG 15) and Samuel Eliot

9 Morrison (FFG 13). Each such transfer shall be on

10 a sale basis under section 21 of the Arms Export

11 Control Act (22 U.S.C. 2761). The President is fur12 ther authorized to transfer to the Government of

13 Turkey the ‘‘Knox’’ class frigates Capadanno (FF

14 1093), Thomas C. Hart (FF 1092), Donald B.

15 Beary (FF 1085), McCandless (FF 1084), Reasoner

16 (FF 1063), and Bowen (FF 1079). The transfer of

17 these 6 ‘‘Knox’’ class frigates shall be on a grant

18 basis under section 516 of the Foreign Assistance

19 Act of 1961 (22 U.S.C. 2321j).

20 (b) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

21 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value

22 of a vessel transferred to another country on a grant basis

23 under section 516 of the Foreign Assistance Act of 1961

24 (22 U.S.C. 2321j) pursuant to authority provided by sub25 sections (a) and (b) shall not be counted for the purposes
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1 of subsection (g) of that section in the aggregate value

2 of excess defense articles transferred to countries under

3 that section in any fiscal year.

4 (c) COSTS OF TRANSFERS.—Notwithstanding section

5 516(e)(1) of the Foreign Assistance Act of 1961 (22

6 U.S.C. 2321j(e)(1)), any expense incurred by the United

7 States in connection with a transfer authorized to be made

8 on a grant basis under subsection (a) or (b) shall be

9 charged to the recipient.

10 (d) REPAIR AND REFURBISHMENT IN UNITED

11 STATES SHIPYARDS.—To the maximum extent prac12 ticable, the President shall require, as a condition of the

13 transfer of a vessel under this section, that the country

14 to which the vessel is transferred have such repair or re15 furbishment of the vessel as is needed, before the vessel

16 joins the naval forces of that country, performed at a

17 United States Navy shipyard or other shipyard located in

18 the United States.

19 (e) EXPIRATION OF AUTHORITY.—The authority pro20 vided under subsections (a) and (b) shall expire at the end

21 of the 2-year period beginning on the date of the enact22 ment of this Act.
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1 Subtitle D—Miscellaneous

2 Provisions

3 SEC. 861. ANNUAL FOREIGN MILITARY TRAINING REPORTS.

4 Section 656(a) of the Foreign Assistance Act of 1961

5 (22 U.S.C. 2416) is amended—

6 (1) by striking ‘‘Not later than January 31 of

7 each year,’’ and inserting ‘‘Upon written request by

8 the chairman or ranking member of the Committee

9 on International Relations of the House of Rep10 resentatives or the Committee on Foreign Relations

11 of the Senate,’’; and

12 (2) by inserting ‘‘of a country specified in the

13 request’’ after ‘‘personnel’’.

14 SEC. 862. REPORT RELATING TO INTERNATIONAL ARMS

15 SALES CODE OF CONDUCT.

16 Section 1262(c) of the Admiral James W. Nance and

17 Meg Donovan Foreign Relations Authorization Act, Fiscal

18 Years 2000 and 2001 (as enacted by section 1000(a)(7)

19 of Public Law 106–113; 113 Stat 1501A–508) is

20 amended—

21 (1) in paragraph (1)—

22 (A) by striking ‘‘commencement of the ne23 gotiations under subsection (a),’’ and inserting

24 ‘‘date of the enactment of the Foreign Relations
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1 Authorization Act, Fiscal Years 2002 and

2 2003,’’; and

3 (B) by striking ‘‘during these negotia4 tions.’’ and inserting ‘‘to begin negotiations and

5 any progress made to conclude an agreement

6 during negotiations.’’; and

7 (2) in paragraph (2), by striking ‘‘subsection

8 (a)’’ and inserting ‘‘subsection (b)’’.

Æ