107TH CONGRESS

1ST SESSION H. R. 1646

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Foreign Relations Au3 thorization Act, Fiscal Years 2002 and 2003’’.

4 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

TITLE I—AUTHORIZATIONS OF APPROPRIATIONS

Subtitle A—Department of State

Sec. 101. Administration of foreign affairs.

Sec. 102. International commissions.

Sec. 103. United States educational and cultural programs.

Sec. 104. Contributions to international organizations.

Sec. 105. Contributions for international peacekeeping activities.

Sec. 106. Grants to the Asia Foundation.

Sec. 107. Voluntary contributions to international organizations.

Sec. 108. Migration and refugee assistance.

Subtitle B—United States International Broadcasting Activities

Sec. 121. Authorizations of appropriations.

TITLE II—AUTHORITIES AND ACTIVITIES OF THE DEPARTMENT

OF STATE

Subtitle A—Basic Authorities and Activities

Sec. 201. Continuation of reporting requirements.

Sec. 202. Continuation of other reports.

Sec. 203. Royal Ulster Constabulary training.

Sec. 204. Report concerning elimination of Colombian opium.

Sec. 205. Repeal of provision regarding housing for foreign agricultural attache.

Sec. 206. Human rights monitoring.

Sec. 207. Correction of Fishermen’s Protective Act of 1967.

Sec. 208. International litigation fund.

Sec. 209. Emergency evacuation services.

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

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

Sec. 212. Report concerning efforts to promote Israel’s diplomatic relations

with other countries.

Sec. 213. Reports on activities in the Republic of Colombia.

Sec. 214. Report concerning the German Foundation ‘‘Remembrance, Responsibility, and the Future’’.

Subtitle B—Consular Authorities

Sec. 231. Machine readable visas.
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Sec. 232. Establishment of a consular branch office in Lhasa, Tibet.

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

Sec. 234. Processing of visa applications.

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

Israel.

Sec. 236. Denial of visas to supporters of Colombian illegal armed groups.

Subtitle C—Migration and Refugees

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

Sec. 252. Report on overseas refugee processing.

TITLE III—ORGANIZATION AND PERSONNEL OF THE

DEPARTMENT OF STATE

Subtitle A—Organizational Matters

Sec. 301. Comprehensive workforce plan.

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

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

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

Sec. 305. United States Special Envoy for Sudan Issues.

Subtitle B—Personnel Matters

Sec. 331. Report concerning retired members of the Foreign Service and Civil

Service who are registered agents of a government of a foreign

country.

Sec. 332. Tibetan language training.

Sec. 333. Dependents on family visitation travel.

Sec. 334. Thomas Jefferson Star.

Sec. 335. Health education and disease prevention programs.

Sec. 336. Training authorities.

Sec. 337. Foreign national retirement plans.

Sec. 338. Presidential rank awards.

Sec. 339. Emergency medical advance payments.

Sec. 340. Unaccompanied air baggage.

Sec. 341. Special agent authorities.

Sec. 342. Report concerning minority employment.

Sec. 343. Use of funds authorized for minority recruitment.

Sec. 344. Correction of time limit for grievance filing.

Sec. 345. Clarification of separation for cause.

TITLE IV—UNITED STATES EDUCATIONAL AND CULTURAL

PROGRAMS OF THE DEPARTMENT OF STATE

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

Sec. 402. Nonprofit entities for cultural programs.

Sec. 403. Fulbright-Hays authorities.

Sec. 404. Ethical issues in international health research.

TITLE V—UNITED STATES INTERNATIONAL BROADCASTING

ACTIVITIES

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

Sec. 502. Reports on broadcasting personnel.

Sec. 503. Personal services contracting pilot program.
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Sec. 504. Pay parity for senior executives of Radio Free Europe and Radio Liberty.

Sec. 505. Repeal of ban on United States transmitter in Kuwait.

TITLE VI—INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

Subtitle A—International Organizations and Commissions

Sec. 601. United Nations arrears payments and reform.

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

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

Rights Commission.

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

Sec. 605. Report relating to Commission on Security and Cooperation in Europe.

Sec. 606. Reports to Congress on United Nations activities.

Subtitle B—American Servicemembers’ Protection Act

Sec. 631. Short title.

Sec. 632. Findings.

Sec. 633. Waiver and termination of prohibitions of this Act.

Sec. 634. Prohibition on cooperation with the International Criminal Court.

Sec. 635. Restriction on United States participation in certain United Nations

peacekeeping operations.

Sec. 636. Prohibition on direct or indirect transfer of certain classified national

security information to the International Criminal Court.

Sec. 637. Prohibition of United States military assistance to parties to the

International Criminal Court.

Sec. 638. Authority to free members of the Armed Forces of the United States

and certain other persons held captive by or on behalf of the

International Criminal Court.

Sec. 639. Alliance command arrangements.

Sec. 640. Withholdings.

Sec. 641. Nondelegation.

Sec. 642. Definitions.

TITLE VII—MISCELLANEOUS PROVISIONS

Subtitle A—General Provisions

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

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

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

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

Sec. 705. Participation of South Asia countries in international law enforcment.

Sec. 706. Participation by small businesses in procurement contracts of

USAID.

Sec. 707. Annual human rights country reports on child soldiers.

Sec. 708. Amendments to the Victims of Trafficking and Violence Protection

Act of 2000.

Sec. 709. Report on extradition efforts between the United States and foreign

governments.

Sec. 710. Payment of anti-terrorism judgments.
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Subtitle B—Sense of Congress Provisions

Sec. 731. Sense of Congress relating to HIV/AIDs and United Nations peacekeeping operations.

Sec. 732. Sense of Congress relating to HIV/AIDS task force.

Sec. 733. Sense of Congress condemning the destruction of pre-Islamic statues

in Afghanistan by the Taliban regime.

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

Sec. 735. Sense of Congress relating to arsenic contamination in drinking water

in Bangladesh.

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

American Institute in Taiwan.

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

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

escalating violence in Maluku and Central Kalimantan.

Sec. 738. Sense of Congress supporting properly conducted elections in Kosova

during 2001.

Sec. 739. Sense of Congress relating to policy review of relations with the People’s Republic of China.

Sec. 740. Sense of Congress relating to broadcasting in the Macedonian language by Radio Free Europe.

Sec. 741. Sense of Congress relating to Magen David Adom Society.

Sec. 742. Sense of Congress urging the return of portraits painted by Dina

Babbitt during her internment at Auschwitz that are now in

the possession of the Auschwitz-Birkenau State Museum.

Sec. 743. Sense of Congress regarding Vietnamese refugee families.

Sec. 744. Sense of Congress relating to membership of the United States in

UNESCO.

Sec. 745. Sense of Congress relating to global warming.

Sec. 746. Sense of Congress regarding the ban on Sinn Fein ministers from the

North-South Ministerial Council in Northern Ireland.

Sec. 747. Sense of Congress relating to the negotiation of effective extradition

treaties.

Sec. 748. Sense of Congress relating to upcoming elections in Fiji, East Timor,

and Peru.

Sec. 749. Sense of Congress regarding the murder of John M. Alvis.

Sec. 750. Sense of Congress relating to remarks by the President of Syria concerning Israel.

Sec. 751. Sense of Congress relating to environmental contamination and

health effects in the Philippines emanating from former United

States military facilities.

Sec. 752. Sense of Congress regarding the location of Peace Corps offices

abroad.

Sec. 753. Sense of Congress regarding the mistreatment of United States civilian prisoners incarcerated by the axis powers during World

War II.

Sec. 754. Sense of Congress regarding purchase of American-made equipment

and products.

Sec. 755. Sense of Congress relating to State Department travel warnings for

Israel, the West Bank, and Gaza.

TITLE VIII—SECURITY ASSISTANCE

Sec. 801. Short title.

Subtitle A—Military and Related Assistance
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CHAPTER 1—FOREIGN MILITARY SALES AND RELATED AUTHORITIES

Sec. 811. Quarterly report on price and availability estimates.

Sec. 812. Official reception and representation expenses.

Sec. 813. Treatment of Taiwan relating to transfers of defense articles and

services.

Sec. 814. United States policy with regard to Taiwan.

CHAPTER 2—EXCESS DEFENSE ARTICLE AND DRAWDOWN AUTHORITIES

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

Sec. 822. Leases of defense articles for foreign countries and international organizations.

Sec. 823. Priority with respect to transfer of excess defense articles.

CHAPTER 3—NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

Sec. 831. International counterproliferation education and training.

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

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

Subtitle B—Strengthening the Munitions Licensing Process

Sec. 841. License officer staffing.

Sec. 842. Funding for database automation.

Sec. 843. Information management priorities.

Sec. 844. Improvements to the automated export system.

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

list.

Sec. 846. Congressional notification thresholds for allied countries.

Subtitle C—Authority to Transfer Naval Vessels

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

Subtitle D—Miscellaneous Provisions

Sec. 861. Annual foreign military training reports.

Sec. 862. Report relating to international arms sales code of conduct.

Sec. 863. Assistance to Lebanon.

TITLE IX—IRAN NUCLEAR PROLIFERATION PREVENTION ACT OF

2001

Sec. 901. Short title.

Sec. 902. Withholding of voluntary contributions to the International Atomic

Energy Agency for programs and projects in Iran.

Sec. 903. Annual review by Secretary of State of programs and projects of the

International Atomic Energy Agency; United States opposition

to programs and projects of the Agency in Iran.

Sec. 904. Reporting requirements.

Sec. 905. Sense of Congress.

TITLE X—EAST TIMOR TRANSITION TO INDEPENDENCE ACT OF

2001

Sec. 1001. Short title.

Sec. 1002. Findings.
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Sec. 1003. Sense of Congress relating to support for East Timor.

Sec. 1004. Bilateral assistance.

Sec. 1005. Multilateral assistance.

Sec. 1006. Peace Corps assistance.

Sec. 1007. Trade and investment assistance.

Sec. 1008. Generalized System of Preferences.

Sec. 1009. Bilateral investment treaty.

Sec. 1010. Plan for establishment of diplomatic facilities in East Timor.

Sec. 1011. Security assistance for East Timor.

Sec. 1012. Authority for radio broadcasting.

Sec. 1013. Consultation requirement.

TITLE XI—FREEDOM INVESTMENT ACT OF 2001

Sec. 1101. Short title.

Sec. 1102. Findings.

Sec. 1103. Salaries and expenses of the Bureau of Democracy, Human Rights,

and Labor.

Sec. 1104. Human Rights and Democracy Fund.

Sec. 1105. Reports on actions taken by the United States to encourage respect

for human rights.

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.
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1 TITLE I—AUTHORIZATIONS OF

2 APPROPRIATIONS

3 Subtitle A—Department of State

4 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

5 The following amounts are authorized to be appro6 priated for the Department of State under ‘‘Administra7 tion of Foreign Affairs’’ to carry out the authorities, func8 tions, duties, and responsibilities in the conduct of the for9 eign affairs of the United States and for other purposes

10 authorized by law, including public diplomacy activities

11 and the diplomatic security program:

12 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

13 (A) AUTHORIZATION OF APPROPRIA14 TIONS.—For ‘‘Diplomatic and Consular Pro15 grams’’ of the Department of State,

16 $3,705,140,000 for the fiscal year 2002 and

17 such sums as may be necessary for the fiscal

18 year 2003.

19 (B) LIMITATIONS.—

20 (i) WORLDWIDE SECURITY UP21 GRADES.—Of the amounts authorized to be

22 appropriated by subparagraph (A),

23 $487,735,000 for the fiscal year 2002 and

24 such sums as may be necessary for the fis25 cal year 2003 are authorized to be appro-
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1 priated only for worldwide security up2 grades.

3 (ii) BUREAU OF DEMOCRACY, HUMAN

4 RIGHTS, AND LABOR.—Of the amounts au5 thorized to be appropriated by subpara6 graph (A), $16,000,000 for the fiscal year

7 2002 and $20,000,000 for the fiscal year

8 2003 are authorized to be appropriated

9 only for salaries and expenses of the Bu10 reau of Democracy, Human Rights, and

11 Labor.

12 (iii) RECRUITMENT OF MINORITY

13 GROUPS.—Of the amounts authorized to be

14 appropriated by subparagraph (A),

15 $2,000,000 for the fiscal year 2002 and

16 $2,000,000 for the fiscal year 2003 are au17 thorized to be appropriated only for the re18 cruitment of members of minority groups

19 for careers in the Foreign Service and

20 international affairs.

21 (iv) MOBILE LIBRARY FOR UNITED

22 STATES INTERESTS SECTION IN CUBA.—Of

23 the amounts authorized to be appropriated

24 by subparagraph (A), $70,000 for the fis25 cal year 2002 and $70,000 for the fiscal
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1 year 2003 are authorized to be appro2 priated only for the establishment and op3 eration of a mobile library at the United

4 States Interests Section in Cuba primarily

5 for use by dissidents and democracy activ6 ists in Cuba.

7 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap8 ital Investment Fund’’ of the Department of State,

9 $210,000,000 for the fiscal year 2002 and such

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

11 (3) EMBASSY SECURITY, CONSTRUCTION AND

12 MAINTENANCE.—In addition to amounts otherwise

13 authorized to be appropriated for ‘‘Embassy Secu14 rity, Construction and Maintenance’’ by section 604

15 of the Admiral James W. Nance and Meg Donovan

16 Foreign Relations Authorization Act, Fiscal Years

17 2000 and 2001 (section 604 of division A of H.R.

18 3427, as enacted into law by section 1000(a)(7) of

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

20 470), there are authorized to be appropriated for

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

22 $475,046,000 for the fiscal year 2002 and such

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

24 (4) REPRESENTATION ALLOWANCES.—For

25 ‘‘Representation Allowances’’, $9,000,000 for the
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1 fiscal year 2002 and $9,000,000 for the fiscal year

2 2003.

3 (5) EMERGENCIES IN THE DIPLOMATIC AND

4 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip5 lomatic and Consular Service’’, $15,500,000 for the

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

7 2003.

8 (6) OFFICE OF THE INSPECTOR GENERAL.—

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

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

11 necessary for the fiscal year 2003.

12 (7) PAYMENT TO THE AMERICAN INSTITUTE IN

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

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

15 and such sums as may be necessary for the fiscal

16 year 2003.

17 (8) PROTECTION OF FOREIGN MISSIONS AND

18 OFFICIALS.—

19 (A) AMOUNTS AUTHORIZED TO BE APPRO20 PRIATED.—For ‘‘Protection of Foreign Missions

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

22 2002 and $10,000,000 for the fiscal year 2003.

23 (B) AVAILABILITY OF FUNDS.—Each

24 amount appropriated pursuant to this para25 graph is authorized to remain available through
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1 September 30 of the fiscal year following the

2 fiscal year for which the amount was appro3 priated.

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

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

6 $1,219,000 for the fiscal year 2003, for administra7 tive expenses.

8 SEC. 102. INTERNATIONAL COMMISSIONS.

9 The following amounts are authorized to be appro10 priated under ‘‘International Commissions’’ for the De11 partment of State to carry out the authorities, functions,

12 duties, and responsibilities in the conduct of the foreign

13 affairs of the United States and for other purposes author14 ized by law:

15 (1) INTERNATIONAL BOUNDARY AND WATER

16 COMMISSION, UNITED STATES AND MEXICO.—For

17 ‘‘International Boundary and Water Commission,

18 United States and Mexico’’—

19 (A) for ‘‘Salaries and Expenses’’,

20 $7,452,000 for the fiscal year 2002 and such

21 sums as may be necessary for the fiscal year

22 2003; and

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

24 the fiscal year 2002 and such sums as may be

25 necessary for the fiscal year 2003.
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1 (2) INTERNATIONAL BOUNDARY COMMISSION,

2 UNITED STATES AND CANADA.—For ‘‘International

3 Boundary Commission, United States and Canada’’,

4 $989,000 for the fiscal year 2002 and such sums as

5 may be necessary for the fiscal year 2003.

6 (3) INTERNATIONAL JOINT COMMISSION.—For

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

8 the fiscal year 2002 and such sums as may be nec9 essary for the fiscal year 2003.

10 (4) INTERNATIONAL FISHERIES COMMIS11 SIONS.—For ‘‘International Fisheries Commissions’’,

12 $19,780,000 for the fiscal year 2002 and such sums

13 as may be necessary for the fiscal year 2003.

14 SEC. 103. UNITED STATES EDUCATIONAL AND CULTURAL

15 PROGRAMS.

16 The following amounts are authorized to be appro17 priated for the Department of State to carry out inter18 national activities and educational and cultural exchange

19 programs under the United States Information and Edu20 cational Exchange Act of 1948, the Mutual Educational

21 and Cultural Exchange Act of 1961, Reorganization Plan

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

23 Interchange Between East and West Act of 1960, the

24 Dante B. Fascell North-South Center Act of 1991, and
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1 the National Endowment for Democracy Act, and to carry

2 out other authorities in law consistent with such purposes:

3 (1) EDUCATIONAL AND CULTURAL EXCHANGE

4 PROGRAMS.—

5 (A) FULBRIGHT ACADEMIC EXCHANGE

6 PROGRAMS.—

7 (i) IN GENERAL.—For the ‘‘Fulbright

8 Academic Exchange Programs’’ (other

9 than programs described in subparagraph

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

11 2002 and such sums as may be necessary

12 for the fiscal year 2003.

13 (ii) NEW CENTURY SCHOLARS INITIA14 TIVE—HIV/AIDS.—Of the amounts author15 ized to be appropriated under clause (i), up

16 to $1,000,000 for the fiscal year 2002 and

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

18 are authorized to be available only for

19 HIV/AIDS research and mitigation strate20 gies under the Health Issues in a Border21 Less World academic program of the New

22 Century Scholars Initiative.

23 (iii) TIBETAN EXCHANGES.—Of the

24 amounts authorized to be appropriated

25 under clause (i), $500,000 for the fiscal
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1 year 2002 and $500,000 for the fiscal year

2 2003 are authorized to be available for

3 ‘‘Ngawang Choephel Exchange Programs’’

4 (formerly known as educational and cul5 tural exchanges with Tibet) under section

6 103(a) of the Human Rights, Refugee, and

7 Other Foreign Relations Provisions Act of

8 1996 (Public Law 104–319).

9 (B) OTHER EDUCATIONAL AND CULTURAL

10 EXCHANGE PROGRAMS.—

11 (i) IN GENERAL.—For other edu12 cational and cultural exchange programs

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

14 fiscal year 2002 and such sums as may be

15 necessary for the fiscal year 2003.

16 (ii) SOUTH PACIFIC EXCHANGES.—Of

17 the amounts authorized to be appropriated

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

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

20 2003 are authorized to be available for

21 ‘‘South Pacific Exchanges’’.

22 (iii) EAST TIMORESE SCHOLAR23 SHIPS.—Of the amounts authorized to be

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

25 for the fiscal year 2002 and $500,000 for
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1 the fiscal year 2003 are authorized to be

2 available for ‘‘East Timorese Scholar3 ships’’.

4 (iv) AFRICAN EXCHANGES.—Of the

5 amounts authorized to be appropriated

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

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

8 2003 are authorized to be available only

9 for ‘‘Educational and Cultural Exchanges

10 with Sub-Saharan Africa’’.

11 (v) ISRAEL-ARAB PEACE PARTNERS

12 PROGRAM.—Of the amounts authorized to

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

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

15 the fiscal year 2003 are authorized to be

16 available only for people-to-people activities

17 (with a focus on young people) to support

18 the Middle East peace process involving

19 participants from Israel, the Palestinian

20 Authority, Arab countries, and the United

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

22 Peace Partners Program’’.

23 (vi) SUDANESE SCHOLARSHIPS.—Of

24 the amounts authorized to be appropriated

25 under clause (i), $500,000 for the fiscal
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1 year 2002 and $500,000 for the fiscal year

2 2003 are authorized to be available only

3 for scholarships for students from southern

4 Sudan for secondary or postsecondary edu5 cation in the United States, to be known

6 as ‘‘Sudanese Scholarships’’.

7 (2) NATIONAL ENDOWMENT FOR DEMOC8 RACY.—For the ‘‘National Endowment for Democ9 racy’’, $36,000,000 for the fiscal year 2002 and

10 $40,000,000 for the fiscal year 2003.

11 (3) REAGAN-FASCELL DEMOCRACY FELLOWS.—

12 For a fellowship program, to be known as the

13 ‘‘Reagan-Fascell Democracy Fellows’’, for democ14 racy activists and scholars from around the world at

15 the International Forum for Democratic Studies in

16 Washington, D.C., to study, write, and exchange

17 views with other activists and scholars and with

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

19 $1,000,000 for the fiscal year 2003.

20 (4) DANTE B. FASCELL NORTH-SOUTH CEN21 TER.—For ‘‘Dante B. Fascell North-South Center’’

22 $4,000,000 for the fiscal year 2002 and $4,000,000

23 for the fiscal year 2003.

24 (5) CENTER FOR CULTURAL AND TECHNICAL

25 INTERCHANGE BETWEEN EAST AND WEST.—For the
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1 ‘‘Center for Cultural and Technical Interchange be2 tween East and West’’, $13,500,000 for the fiscal

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

4 SEC. 104. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA5 TIONS.

6 (a) AUTHORIZATION OF APPROPRIATIONS.—

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

8 appropriated under the heading ‘‘Contributions to

9 International Organizations’’ $944,067,000 for the

10 fiscal year 2002 and such sums as may be necessary

11 for the fiscal year 2003 for the Department of State

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

13 responsibilities in the conduct of the foreign affairs

14 of the United States with respect to international or15 ganizations and to carry out other authorities in law

16 consistent with such purposes.

17 (2) UNESCO.—

18 (A) Of the amounts authorized to be

19 appropriated under paragraph (1),

20 $59,800,000 for the fiscal year 2002 and

21 $59,800,000 for the fiscal year 2003 is au22 thorized to be appropriated only for pay23 ment of assessed contributions of the

24 United States to the United Nations Edu-
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1 cational, Scientific and Cultural Organiza2 tion (UNESCO).

3 (B) Of the amounts authorized to be

4 appropriated under paragraph (1) for the

5 fiscal year 2002, $5,500,000 is authorized

6 to be appropriated only for payments to

7 the UNESCO Working Capital Fund.

8 (b) AVAILABILITY OF FUNDS FOR CIVIL BUDGET OF

9 NATO.—Of the amounts authorized to be appropriated

10 under the heading ‘‘Contributions to International Organi11 zations’’ for fiscal year 2002 and for each fiscal year

12 thereafter such sums as may be necessary are authorized

13 for the United States assessment for the civil budget of

14 the North Atlantic Treaty Organization.

15 (c) PROHIBITION ON FUNDING OTHER FRAMEWORK

16 TREATY-BASED ORGANIZATIONS.—None of the funds

17 made available for the 2002–2003 biennium budget under

18 subsection (a) for United States contributions to the reg19 ular budget of the United Nations shall be available for

20 the United States proportionate share of any other frame21 work treaty-based organization, including the Framework

22 Convention on Global Climate Change, the International

23 Seabed Authority, and the International Criminal Court.

24 (d) FOREIGN CURRENCY EXCHANGE RATES.—
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1 (1) AUTHORIZATION OF APPROPRIATIONS.—In

2 addition to amounts authorized to be appropriated

3 by subsection (a), there are authorized to be appro4 priated such sums as may be necessary for each of

5 fiscal years 2002 and 2003 to offset adverse fluctua6 tions in foreign currency exchange rates.

7 (2) AVAILABILITY OF FUNDS.—Amounts appro8 priated under this subsection shall be available for

9 obligation and expenditure only to the extent that

10 the Director of the Office of Management and Budg11 et determines and certifies to Congress that such

12 amounts are necessary due to such fluctuations.

13 (e) REFUND OF EXCESS CONTRIBUTIONS.—The

14 United States shall continue to insist that the United Na15 tions and its specialized and affiliated agencies shall credit

16 or refund to each member of the agency concerned its pro17 portionate share of the amount by which the total con18 tributions to the agency exceed the expenditures of the

19 regular assessed budgets of these agencies.

20 SEC. 105. CONTRIBUTIONS FOR INTERNATIONAL PEACE21 KEEPING ACTIVITIES.

22 There are authorized to be appropriated under the

23 heading ‘‘Contributions for International Peacekeeping

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

25 sums as may be necessary for the fiscal year 2003 for
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1 the Department of State to carry out the authorities, func2 tions, duties, and responsibilities in the conduct of the for3 eign affairs of the United States with respect to inter4 national peacekeeping activities and to carry out other au5 thorities in law consistent with such purposes.

6 SEC. 106. GRANTS TO THE ASIA FOUNDATION.

7 Section 404 of the Asia Foundation Act (title IV of

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

9 as follows:

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

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

12 2002 and $15,000,000 for the fiscal year 2003 for grants

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

14 SEC. 107. VOLUNTARY CONTRIBUTIONS TO INTER15 NATIONAL ORGANIZATIONS.

16 (a) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated for the Department of

18 State for ‘‘Voluntary Contributions to International Orga19 nizations’’, $186,000,000 for the fiscal year 2002 and

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

21 (b) LIMITATIONS ON AUTHORIZATIONS OF APPRO22 PRIATIONS.—

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

24 authorized to be appropriated under subsection (a),

25 $5,000,000 for the fiscal year 2002 and $5,000,000
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1 for the fiscal year 2003 are authorized to be appro2 priated only for a United States contribution to the

3 World Food Program.

4 (2) UNITED NATIONS VOLUNTARY FUND FOR

5 VICTIMS OF TORTURE.—Of the amounts authorized

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

7 for the fiscal year 2002 and $5,000,000 for the fis8 cal year 2003 are authorized to be appropriated only

9 for a United States contribution to the United Na10 tions Voluntary Fund for Victims of Torture.

11 (3) ORGANIZATION OF AMERICAN STATES.—Of

12 the amounts authorized to be appropriated under

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

14 and $240,000 for the fiscal year 2003 are author15 ized to be appropriated only for a United States con16 tribution to the Organization of American States for

17 the Office of the Special Rapporteur for Freedom of

18 Expression in the Western Hemisphere, solely for

19 the purpose of conducting investigations, including

20 field visits, to establish a network of nongovern21 mental organizations, and to hold hemispheric con22 ferences, of which $6,000 for each fiscal year is au23 thorized to be appropriated only for the investigation

24 and dissemination of information on violations of

25 freedom of expression by the Government of Cuba,
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1 $6,000 for each fiscal year is authorized to be ap2 propriated only for the investigation and dissemina3 tion of information on violations of freedom of ex4 pression by the Government of Peru, $6,000 for

5 each fiscal year is authorized to be appropriated only

6 for the investigation and dissemination of informa7 tion on violations of freedom of expression by the

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

9 year is authorized to be appropriated only for the in10 vestigation and dissemination of information on vio11 lations of freedom of expression by the Government

12 of Haiti.

13 (c) RESTRICTIONS ON UNITED STATES VOLUNTARY

14 CONTRIBUTIONS TO UNITED NATIONS DEVELOPMENT

15 PROGRAM.—

16 (1) LIMITATION.—Of the amounts made avail17 able under subsection (a) for each of the fiscal years

18 2002 and 2003 for United States voluntary con19 tributions to the United Nations Development Pro20 gram an amount equal to the amount the United

21 Nations Development Program will spend in Burma

22 during each fiscal year shall be withheld unless dur23 ing such fiscal year the Secretary of State submits

24 to the appropriate congressional committees the cer25 tification described in paragraph (2).
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1 (2) CERTIFICATION.—The certification referred

2 to in paragraph (1) is a certification by the Sec3 retary of State that all programs and activities of

4 the United Nations Development Program (including

5 United Nations Development Program—Adminis6 tered Funds) in Burma—

7 (A) are focused on eliminating human suf8 fering and addressing the needs of the poor;

9 (B) are undertaken only through inter10 national or private voluntary organizations that

11 have been deemed independent of the State

12 Peace and Development Council (SPDC) (for13 merly known as the State Law and Order Res14 toration Council (SLORC)), after consultation

15 with the leadership of the National League for

16 Democracy and the leadership of the National

17 Coalition Government of the Union of Burma;

18 (C) provide no financial, political, or mili19 tary benefit to the SPDC; and

20 (D) are carried out only after consultation

21 with the leadership of the National League for

22 Democracy and the leadership of the National

23 Coalition Government of the Union of Burma.
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1 (d) UNICEF.—There is authorized to be appro2 priated $120,000,000 for the fiscal year 2002 for a United

3 States voluntary contribution to UNICEF.

4 (e) ORGANIZATIONS AND PROGRAMS THAT SUPPORT

5 COERCIVE ABORTION OR INVOLUNTARY STERILIZA6 TION.—None of the funds authorized to be appropriated

7 by this Act may be made available to any organization

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

9 United States, supports, or participates in the manage10 ment of, a program of coercive abortion or involuntary

11 sterilization.

12 (f) AVAILABILITY OF FUNDS.—Amounts authorized

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

14 remain available until expended.

15 SEC. 108. MIGRATION AND REFUGEE ASSISTANCE.

16 (a) MIGRATION AND REFUGEE ASSISTANCE.—

17 (1) AUTHORIZATION OF APPROPRIATIONS.—

18 There are authorized to be appropriated for the De19 partment of State for ‘‘Migration and Refugee As20 sistance’’ for authorized activities, $817,000,000 for

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

22 year 2003.

23 (2) LIMITATIONS.—

24 (A) TIBETAN REFUGEES IN INDIA AND

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

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

3 year 2003 are authorized to be available for hu4 manitarian assistance, including food, medicine,

5 clothing, and medical and vocational training,

6 to Tibetan refugees in India and Nepal who

7 have fled Chinese-occupied Tibet.

8 (B) REFUGEES RESETTLING IN ISRAEL.—

9 Of the amounts authorized to be appropriated

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

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

12 2003 are authorized to be available only for as13 sistance for refugees resettling in Israel from

14 other countries.

15 (C) HUMANITARIAN ASSISTANCE FOR DIS16 PLACED BURMESE.—Of the amounts authorized

17 to be appropriated in paragraph (1),

18 $2,000,000 for the fiscal year 2002 and

19 $2,000,000 for the fiscal year 2003 are author20 ized to be available for humanitarian assistance

21 (including food, medicine, clothing, and medical

22 and vocational training) to persons displaced as

23 a result of civil conflict in Burma, including

24 persons still within Burma.
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1 (b) AVAILABILITY OF FUNDS.—Funds appropriated

2 pursuant to this section are authorized to remain available

3 until expended.

4 Subtitle B—United States Inter5 national Broadcasting Activities

6 SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.

7 (a) IN GENERAL.—The following amounts are au8 thorized to be appropriated to carry out the United States

9 International Broadcasting Act of 1994, the Radio Broad10 casting to Cuba Act, and the Television Broadcasting to

11 Cuba Act, and to carry out other authorities in law con12 sistent with such purposes:

13 (1) INTERNATIONAL BROADCASTING OPER14 ATIONS.—

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

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

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

18 necessary for the fiscal year 2003.

19 (B) LIMITATIONS.—

20 (i) TRANSMISSION FACILITIES IN

21 BELIZE.—Of the amounts authorized to be

22 appropriated under subparagraph (A),

23 $750,000 for the fiscal year 2002 is au24 thorized to be appropriated only for en-
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1 hancements to and costs of transmission

2 from the facilities in Belize.

3 (ii) RADIO FREE ASIA.—Of the

4 amounts authorized to be appropriated

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

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

7 the fiscal year 2003 are authorized to be

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

9 (2) BROADCASTING CAPITAL IMPROVEMENTS.—

10 For ‘‘Broadcasting Capital Improvements’’,

11 $16,900,000 for the fiscal year 2002 and such sums

12 as may be necessary for the fiscal year 2003.

13 (3) BROADCASTING TO CUBA.—For ‘‘Broad14 casting to Cuba’’, $25,000,000 for the fiscal year

15 2002 and $25,000,000 for the fiscal year 2003.

16 (b) CONTINUATION OF ADDITIONAL AUTHORIZATION

17 FOR BROADCASTING TO THE PEOPLE’S REPUBLIC OF

18 CHINA AND NEIGHBORING COUNTRIES.—Section 701 of

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

20 (1) in subsection (a) by striking ‘‘2001’’ and in21 serting ‘‘2002’’; and

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

23 2002’’ and inserting ‘‘2001, 2002, and 2003’’.

24 (c) ADDITIONAL AUTHORIZATION OF APPROPRIA25 TIONS FOR MIDDLE EAST RADIO NETWORK OF VOICE OF
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1 AMERICA.—In addition to such amounts as are made

2 available for the Middle East Radio Network of Voice of

3 America pursuant to the authorization of appropriations

4 under subsection (a), there is authorized to be appro5 priated $15,000,000 for the fiscal year 2002 for the Mid6 dle East Radio Network of Voice of America.

7 TITLE II—AUTHORITIES AND AC8 TIVITIES OF THE DEPART9 MENT OF STATE

10 Subtitle A—Basic Authorities and

11 Activities

12 SEC. 201. CONTINUATION OF REPORTING REQUIREMENTS.

13 (a) REPORTS ON CLAIMS BY UNITED STATES FIRMS

14 AGAINST THE GOVERNMENT OF SAUDI ARABIA.—Section

15 2801(b)(1) of the Foreign Affairs Reform and Restruc16 turing Act of 1998 (as enacted by division G of the Omni17 bus Consolidated and Emergency Supplemental Appro18 priations Act, 1999; Public Law 105–277), is amended by

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

20 (b) REPORTS ON DETERMINATIONS UNDER TITLE

21 IV OF THE LIBERTAD ACT.—Section 2802(a) of the For22 eign Affairs Reform and Restructuring Act of 1998 (as

23 enacted by division G of the Omnibus Consolidated and

24 Emergency Supplemental Appropriations Act, 1999; Pub-
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1 lic Law 105–277), is amended by striking ‘‘September 30,

2 2001,’’ and inserting ‘‘September 30, 2003,’’.

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

4 the Foreign Affairs Reform and Restructuring Act of

5 1998 (as enacted by division G of the Omnibus Consoli6 dated and Emergency Supplemental Appropriations Act,

7 1999; Public Law 105–277), is amended by striking ‘‘Sep8 tember 30, 2001,’’ and inserting ‘‘September 30, 2003,’’.

9 (d) REPORTS ON BALLISTIC MISSILE COOPERATION

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

11 Reform and Restructuring Act of 1998 (as enacted by di12 vision G of the Omnibus Consolidated and Emergency

13 Supplemental Appropriations Act, 1999; Public Law 105–

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

15 inserting ‘‘January 1, 2001, January 1, 2002, and Janu16 ary 1, 2003’’.

17 SEC. 202. CONTINUATION OF OTHER REPORTS.

18 (a) SEMIANNUAL REPORTS ON UNITED STATES SUP19 PORT FOR MEMBERSHIP OR PARTICIPATION OF TAIWAN

20 IN INTERNATIONAL ORGANIZATIONS.—Section 704(a) of

21 the Admiral James W. Nance and Meg Donovan Foreign

22 Relations Authorization Act, Fiscal Years 2000 and 2001

23 (section 704(a) of division A of H.R. 3427, as enacted

24 into law by section 1000(a)(7) of Public Law 106–113,
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1 appendix G; 113 Stat. 1501A–460), is amended by strik2 ing ‘‘and 2001,’’ and inserting ‘‘, 2001, 2002, and 2003,’’.

3 (b) REPORT ON TERRORIST ACTIVITY IN WHICH

4 UNITED STATES CITIZENS WERE KILLED AND RELATED

5 MATTERS.—Section 805(a) of the Admiral James W.

6 Nance and Meg Donovan Foreign Relations Authorization

7 Act, Fiscal Years 2000 and 2001 (section 805(a) of divi8 sion A of H.R. 3427, as enacted into law by section

9 1000(a)(7) of Public Law 106–113; appendix G; 113 Stat.

10 1501A–470), is amended by striking ‘‘October 1, 2001,’’

11 and inserting ‘‘October 1, 2003,’’.

12 (c) REPORT ON COMPLIANCE WITH THE HAGUE

13 CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL

14 CHILD ABDUCTION.—Section 2803(a) of the Foreign Af15 fairs Reform and Restructuring Act of 1998 (as contained

16 in division G of Public Law 105–277), is amended in the

17 first sentence by striking ‘‘2001,’’ and inserting ‘‘2003,’’.

18 SEC. 203. ROYAL ULSTER CONSTABULARY TRAINING.

19 (a) REPORT ON PAST TRAINING PROGRAMS.—Sec20 tion 405(b) of the Admiral James W. Nance and Meg

21 Donovan Foreign Relations Authorization Act, Fiscal

22 Years 2000 and 2001 (as enacted into law by section

23 1000(a)(7) of Public Law 106–113; 113 Stat. 1501A–

24 447), is amended in the matter preceding paragraph (1)—
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1 (1) by striking ‘‘The President’’ and inserting

2 ‘‘Not later than 60 days after the date of the enact3 ment of the Foreign Relations Authorization Act,

4 Fiscal Years 2002 and 2003, the President’’; and

5 (2) by striking ‘‘during fiscal years 1994

6 through 1999’’ and inserting ‘‘during each of the fis7 cal years 1994 through 2000’’.

8 (b) REPORT ON RELATED MATTERS.—Section 405

9 of the Admiral James W. Nance and Meg Donovan For10 eign Relations Authorization Act, Fiscal Years 2000 and

11 2001, is amended—

12 (1) by redesignating subsection (c) as sub13 section (d); and

14 (2) by inserting after subsection (b) the fol15 lowing:

16 ‘‘(c) REPORT ON RELATED MATTERS.—Not later

17 than 60 days after the date of the enactment of the For18 eign Relations Authorization Act, Fiscal Years 2002 and

19 2003, the President shall report on the following:

20 ‘‘(1) The extent to which the Government of the

21 United Kingdom has implemented the recommenda22 tions relating to the 175 policing reforms contained

23 in the Patten Commission report issued on Sep24 tember 9, 1999, including a description of the

25 progress of the integration of human rights, as well
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1 as recruitment procedures aimed at increasing

2 Catholic representation, in the new Northern Ireland

3 police force.

4 ‘‘(2) The status of the investigations into the

5 murders of Patrick Finucane, Rosemary Nelson, and

6 Robert Hamill, including the extent to which

7 progress has been made on recommendations for

8 independent judicial inquiries into these murders.’’.

9 (c) CONFORMING AMENDMENTS.—Section 405 of the

10 Admiral James W. Nance and Meg Donovan Foreign Re11 lations Authorization Act, Fiscal Years 2000 and 2001,

12 as amended by subsections (a) and (b), is further

13 amended—

14 (1) in subsection (a)—

15 (A) by striking ‘‘the report required by

16 subsection (b)’’ and inserting ‘‘the reports re17 quired by subsections (b) and (c)’’; and

18 (B) by striking ‘‘subsection (c)(1)’’ and in19 serting ‘‘subsection (d)(1)’’; and

20 (2) in subsection (d)(2) (as redesignated)—

21 (A) in the heading, by striking ‘‘2001’’ and

22 inserting ‘‘2003’’; and

23 (B) by striking ‘‘2001’’ and inserting

24 ‘‘2003’’.
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1 SEC. 204. REPORT CONCERNING ELIMINATION OF COLOM2 BIAN OPIUM.

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

4 findings:

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

6 United States resulting from increasingly cheap,

7 pure, and deadly heroin flooding into this country,

8 much of it from Colombia.

9 (2) Interdicting heroin entering the United

10 States is difficult, in part because it can be traf11 ficked in such small quantities.

12 (3) Destruction of opium, from which heroin is

13 derived, at its source in Colombia is traditionally one

14 of the best strategies to combat the heroin crisis ac15 cording to Federal law enforcement officials.

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

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

18 of State, through the Bureau of International Narcotics

19 and Law Enforcement, shall submit to the Congress a re20 port which outlines a comprehensive strategy to address

21 the crisis of heroin in the United States due to opium orig22 inating from Colombia including destruction of opium at

23 its source.
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1 SEC. 205. REPEAL OF PROVISION REGARDING HOUSING

2 FOR FOREIGN AGRICULTURAL ATTACHE.

3 Section 738 of the Agriculture, Rural Development,

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

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

7 SEC. 206. HUMAN RIGHTS MONITORING.

8 Funds authorized to be appropriated for the Bureau

9 of Democracy, Human Rights, and Labor pursuant to sec10 tion 101(1)(B)(ii) are authorized to be available to fund

11 positions at United States posts abroad that are primarily

12 responsible for following human rights developments in

13 foreign countries and that are assigned at the rec14 ommendation of such bureau in conjunction with the rel15 evant regional bureau.

16 SEC. 207. CORRECTION OF FISHERMEN’S PROTECTIVE ACT

17 OF 1967.

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

19 1967 (22 U.S.C. 1977(A)(3)), is amended by striking

20 ‘‘Secretary of Commerce’’ and inserting ‘‘Secretary of

21 State’’.

22 SEC. 208. INTERNATIONAL LITIGATION FUND.

23 Section 38 of the State Department Basic Authorities

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

25 the end the following new subsection:

26 ‘‘(e) RETENTION OF FUNDS.—
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1 ‘‘(1) IN GENERAL.—To reimburse the expenses

2 of the United States Government in preparing or

3 prosecuting a claim against a foreign government or

4 other foreign entity, the Secretary of State shall re5 tain 1.5 percent of any amount between $100,000

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

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

8 34 of the Act of February 27, 1896 (22 U.S.C.

9 2668a; 29 Stat. 32).

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

11 the authority of paragraph (1) shall be deposited

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

13 SEC. 209. EMERGENCY EVACUATION SERVICES.

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

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

16 amended to read as follows:

17 ‘‘(A) the evacuation when their lives are endan18 gered by war, civil unrest, or natural disaster of: (i)

19 United States Government employees and their de20 pendents; and (ii) private United States citizens or

21 third-country nationals, on a reimbursable basis to

22 the extent feasible, with such reimbursements to be

23 credited to the applicable Department of State ap24 propriation and to remain available until expended.

25 No reimbursement shall be required which is greater
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1 than the amount the person evacuated would have

2 been charged for a commercial air fare at the lowest

3 rate available immediately prior to the onset of the

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

5 the evacuation;’’.

6 SEC. 210. IMPLEMENTATION OF THE INTERCOUNTRY ADOP7 TION ACT OF 2000.

8 The Secretary of State, acting through the Assistant

9 Secretary of State for Consular Affairs, shall consult with

10 the appropriate congressional committees on a regular

11 basis on the implementation of the Intercountry Adoption

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

13 seq.).

14 SEC. 211. REPORT CONCERNING THE EFFECT OF PLAN CO15 LOMBIA ON ECUADOR.

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

17 findings:

18 (1) There is a growing alarm concerning the

19 spillover effect of Plan Colombia on Ecuador, a

20 frontline state. The northern region of Ecuador, in21 cluding the Sucumbios province, is an area of par22 ticular concern. It faces the Colombian Putumayo

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

24 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 the enactment of this Act, the Secretary

24 of State, through the Bureau of International Narcotics

25 and 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 SEC. 212. REPORT CONCERNING EFFORTS TO PROMOTE

4 ISRAEL’S DIPLOMATIC RELATIONS WITH

5 OTHER COUNTRIES.

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

7 findings:

8 (1) Israel is a friend and ally of the United

9 States whose security is vital to regional stability

10 and United States interests.

11 (2) Israel currently maintains diplomatic rela12 tions with 162 countries. Approximately 25 coun13 tries do not have any diplomatic relations with Israel

14 and another four countries have only limited rela15 tions.

16 (3) The government of Israel has been actively

17 seeking to establish formal relations with a number

18 of countries.

19 (4) The United States should assist its ally,

20 Israel, in its efforts to establish diplomatic relations.

21 (5) After 52 years of existence, Israel deserves

22 to be treated as an equal nation by its neighbors and

23 the world community.

24 (b) REPORT CONCERNING UNITED STATES EFFORTS

25 TO PROMOTE ISRAEL’S DIPLOMATIC RELATIONS WITH
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1 OTHER COUNTRIES.—Not later than 60 days after the

2 date of the enactment of this Act, and annually thereafter,

3 the Secretary of State shall submit a report which includes

4 the following information (in classified or unclassified

5 form, as appropriate) to the Committee on Foreign Rela6 tions and the Committee on Appropriations of the Senate

7 and the Committee on International Relations and the

8 Committee on Appropriations of the House of Representa9 tives:

10 (1) Actions taken by representatives of the

11 United States to encourage other countries to estab12 lish full diplomatic relations with Israel.

13 (2) Specific responses solicited and received by

14 the Secretary of State from countries that do not

15 maintain full diplomatic relations with Israel with

16 respect to the status of negotiations to enter into

17 diplomatic relations with Israel.

18 (3) Other measures being undertaken, and

19 measures that will be undertaken, by the United

20 States to ensure and promote Israel’s full participa21 tion in the world diplomatic community.

22 SEC. 213. REPORTS ON ACTIVITIES IN THE REPUBLIC OF

23 COLOMBIA.

24 (a) REPORT ON REFORM ACTIVITIES.—
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1 (1) IN GENERAL.—Not later than 180 days

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

3 every 180 days thereafter, the Secretary of State

4 shall submit to the appropriate congressional com5 mittees a report on the status of activities funded or

6 authorized, in whole or in part, by the Department

7 of State in the Republic of Colombia to promote al8 ternative development, recovery and resettlement of

9 internally displaced persons, judicial reform, the

10 peace process, and human rights.

11 (2) CONTENTS.—Each such report shall contain

12 the following:

13 (A) A summary of activities described in

14 paragraph (1) during the previous 180-day pe15 riod.

16 (B) An estimated timetable for the conduct

17 of such activities in the subsequent 180-day pe18 riod.

19 (C) An explanation of any delays in meet20 ing timetables contained in previous reports

21 submitted in accordance with this subsection.

22 (D) An assessment of steps to be taken to

23 correct any delays in meeting such timetables.

24 (b) REPORT ON CERTAIN COUNTERNARCOTICS AC25 TIVITIES.—
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1 (1) DECLARATION OF POLICY.—It is the policy

2 of the United States to encourage the transfer of

3 counternarcotics activities carried out in the Repub4 lic of Colombia by United States businesses that

5 have entered into agreements with the Department

6 of State to conduct such activities, to Colombian na7 tionals, in particular personnel of the Colombian

8 antinarcotics police, when properly qualified per9 sonnel are available.

10 (2) REPORT.—Not later than 90 days after the

11 date of the enactment of this Act, and not later than

12 March 1 of each year thereafter, the Secretary of

13 State shall submit to the appropriate congressional

14 committees a report on the activities of United

15 States businesses that have entered into agreements

16 with the Department of State to carry out counter17 narcotics activities in the Republic of Colombia.

18 (3) CONTENTS.—Each such report shall contain

19 the following:

20 (A) The name of each United States busi21 ness described in paragraph (2) and description

22 of the counternarcotics activities carried out by

23 the business in Colombia.
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1 (B) The total value of all payments by the

2 Department of State to each such business for

3 such activities.

4 (C) A written statement justifying the de5 cision by the Department of State to enter into

6 an agreement with each such business for such

7 activities.

8 (D) An assessment of the risks to personal

9 safety and potential involvement in hostilities

10 incurred by employees of each such business as

11 a result of their activities in Colombia.

12 (E) A plan to provide for the transfer of

13 the counternarcotics activities carried out by

14 such United States businesses to Colombian na15 tionals, in particular personnel of the Colom16 bian antinarcotics police.

17 (4) DEFINITION.—In this subsection, the term

18 ‘‘United States business’’ means any corporation,

19 partnership, or other organization that employs

20 three or more individuals and is organized under the

21 laws of the United States.
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1 SEC. 214. REPORT CONCERNING THE GERMAN FOUNDA2 TION ‘‘REMEMBRANCE, RESPONSIBILITY, AND

3 THE FUTURE’’.

4 (a) REPORT CONCERNING THE GERMAN FOUNDA5 TION ‘‘REMEMBRANCE, RESPONSIBILITY, AND THE FU6 TURE’’.—Not later than 180 days after the date of the

7 enactment of this Act, and every 180 days thereafter until

8 all funds made available to the German Foundation have

9 been disbursed, the Secretary of State shall report to the

10 appropriate congressional committees on the status of the

11 implementation of the Agreement and, to the extent pos12 sible, on whether or not—

13 (1) during the 180-day period preceding the

14 date of the report, the German Bundestag has au15 thorized the allocation of funds to the Foundation,

16 in accordance with section 17 of the law on the cre17 ation of the Foundation, enacted by the Federal Re18 public of Germany on August 8, 2000;

19 (2) the entire sum of DM 10,000,000,000 has

20 been made available to the German Foundation in

21 accordance with Annex B to the Joint Statement of

22 July 17, 2000;

23 (3) during the 180-day period preceding the

24 date of the report, any company or companies inves25 tigating a claim, who are members of ICHEIC, were

26 required to provide to the claimant, within 90 days
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1 after receiving the claim, a status report on the

2 claim, or a decision that included—

3 (A) an explanation of the decision, pursu4 ant to those standards of ICHEIC to be applied

5 in approving claims;

6 (B) all documents relevant to the claim

7 that were retrieved in the investigation; and

8 (C) an explanation of the procedures for

9 appeal of the decision;

10 (4) during the 180-day period preceding the

11 date of the report, any entity that elected to deter12 mine claims under Article 1(4) of the Agreement

13 was required to comply with the standards of proof,

14 criteria for publishing policyholder names, valuation

15 standards, auditing requirements, and decisions of

16 the Chairman of ICHEIC;

17 (5) during the 180-day period preceding the

18 date of the report, an independent process to appeal

19 decisions made by any entity that elected to deter20 mine claims under Article 1(4) of the Agreement

21 was available to and accessible by any claimant

22 wishing to appeal such a decision, and the appellate

23 body had the jurisdiction and resources necessary to

24 fully investigate each claim on appeal and provide a

25 timely response;
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1 (6) an independent audit of compliance by every

2 entity that has elected to determine claims under

3 Article 1(4) of the Agreement has been conducted;

4 and

5 (7) the administrative and operational expenses

6 incurred by the companies that are members of

7 ICHEIC are appropriate for the administration of

8 claims described in paragraph (3).

9 The Secretary of State’s report shall include the Sec10 retary’s justification for each determination under this

11 subsection.

12 (b) SENSE OF CONGRESS.—It is the sense of the

13 Congress that—

14 (1) the resolution of slave and forced labor

15 claims is an urgent issue for aging Holocaust sur16 vivors, and the German Bundestag should allocate

17 funds for disbursement by the German Foundation

18 to Holocaust survivors as soon as possible; and

19 (2) ICHEIC should work in consultation with

20 the Secretary of State in gathering the information

21 required for the report under subsection (a).

22 (c) DEFINITIONS.—In this section:

23 (1) AGREEMENT.—The term ‘‘Agreement’’

24 means the Agreement between the Government of

25 the United States of America and the Government
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1 of the Federal Republic of Germany concerning the

2 Foundation ‘‘Remembrance, Responsibility and the

3 Future’’, done at Berlin July 17, 2000.

4 (2) ANNEX B TO THE JOINT STATEMENT OF

5 JULY 17, 2000.—The term ‘‘Annex B to the Joint

6 Statement of July 17, 2000’’ means Annex B to the

7 Joint Statement on occasion of the final plenary

8 meeting concluding international talks on the prepa9 ration of the Federal Foundation ‘‘Remembrance,

10 Responsibility and the Future’’, done at Berlin on

11 July 17, 2000.

12 (3) GERMAN FOUNDATION.—The term ‘‘Ger13 man Foundation’’ means the Foundation ‘‘Remem14 brance, Responsibility and the Future’’ referred to

15 in the Agreement.

16 (4) ICHEIC.—The term ‘‘ICHEIC’’ means the

17 International Commission on Holocaust Era Insur18 ance Claims referred to in Article 1(4) of the Agree19 ment.

20 Subtitle B—Consular Authorities

21 SEC. 231. MACHINE READABLE VISAS.

22 Section 140(a) of the Foreign Relations Authoriza23 tion Act, Fiscal Years 1994 and 1995 (8 U.S.C. 1351

24 note), is amended in the first sentence of paragraph (3)—
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1 (1) by striking ‘‘2001, and 2002,’’ and insert2 ing ‘‘2001, 2002, and 2003,’’; and

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

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

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

6 SEC. 232. ESTABLISHMENT OF A CONSULAR BRANCH OF7 FICE IN LHASA, TIBET.

8 The Secretary of State shall make best efforts to es9 tablish a branch office in Lhasa, Tibet, of the United

10 States Consulate General in Chengdu, People’s Republic

11 of China, to monitor political, economic, and cultural de12 velopments in Tibet.

13 SEC. 233. ESTABLISHMENT OF A DIPLOMATIC OR CON14 SULAR POST IN EQUATORIAL GUINEA.

15 The Secretary of State shall establish a diplomatic

16 or consular post in Equatorial Guinea.

17 SEC. 234. PROCESSING OF VISA APPLICATIONS.

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

19 process immigrant visa applications of immediate relatives

20 of United States citizens and nonimmigrant K–1 visa ap21 plications of fiances of United States citizens within 30

22 days of the receipt of all necessary documents from the

23 applicant and the Immigration and Naturalization Service.

24 In the case of an immigrant visa application where the

25 sponsor of such applicant is a relative other than an imme-
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1 diate relative, it should be the policy of the Department

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

3 the receipt of all necessary documents from the applicant

4 and the Immigration and Naturalization Service.

5 SEC. 235. UNITED STATES POLICY WITH RESPECT TO JERU6 SALEM AS THE CAPITAL OF ISRAEL.

7 (a) CONGRESSIONAL STATEMENT OF POLICY.—The

8 Congress maintains its commitment to relocating the

9 United States Embassy in Israel to Jerusalem and urges

10 the President, pursuant to the Jerusalem Embassy Act

11 of 1995 (Public Law 104–45; 109 Stat. 398), to imme12 diately begin the process of relocating the United States

13 Embassy in Israel to Jerusalem.

14 (b) LIMITATION ON USE OF FUNDS FOR CONSULATE

15 IN JERUSALEM.—None of the funds authorized to be ap16 propriated by this Act may be expended for the operation

17 of a United States consulate or diplomatic facility in Jeru18 salem unless such consulate or diplomatic facility is under

19 the supervision of the United States Ambassador to Israel.

20 (c) LIMITATION ON USE OF FUNDS FOR PUBLICA21 TIONS.—None of the funds authorized to be appropriated

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

23 official government document which lists countries and

24 their capital cities unless the publication identifies Jeru25 salem as the capital of Israel.
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1 (d) RECORD OF PLACE OF BIRTH AS ISRAEL FOR

2 PASSPORT PURPOSES.—For purposes of the registration

3 of birth, certification of nationality, or issuance of a pass4 port of a United States citizen born in the city of Jeru5 salem, the Secretary of State shall, upon the request of

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

7 of birth as Israel.

8 SEC. 236. DENIAL OF VISAS TO SUPPORTERS OF COLOM9 BIAN ILLEGAL ARMED GROUPS.

10 (a) DENIAL OF VISAS TO PERSONS SUPPORTING CO11 LOMBIAN INSURGENT AND PARAMILITARY GROUPS.—

12 Subject to subsection (b), the Secretary of State shall not

13 issue a visa to any alien who the Secretary determines,

14 based on credible evidence—

15 (1) has willfully provided direct or indirect sup16 port to the Revolutionary Armed Forces of Colombia

17 (FARC), the National Liberation Army (ELN), or

18 the United Self-Defense Forces of Colombia (AUC);

19 or

20 (2) has willfully conspired to allow, facilitate, or

21 promote the illegal activities of any group listed in

22 paragraph (1).

23 (b) WAIVER.—Subsection (a) shall not apply if the

24 Secretary of State determines and certifies to the appro25 priate congressional committees, on a case-by-case basis,
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1 that issuance of a visa to the alien is necessary to support

2 the peace process in Colombia, for urgent humanitarian

3 reasons, for significant public benefit, or to further the

4 national security interests of the United States.

5 Subtitle C—Migration and

6 Refugees

7 SEC. 251. UNITED STATES POLICY REGARDING THE INVOL8 UNTARY RETURN OF REFUGEES.

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

10 by this Act or by section 2(c) of the Migration and Ref11 ugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be

12 available to effect the involuntary return by the United

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

14 a well-founded fear of persecution on account of race, reli15 gion, nationality, membership in a particular social group,

16 or political opinion, except on grounds recognized as pre17 cluding protection as a refugee under the United Nations

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

19 1951, and the Protocol Relating to the Status of Refugees

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

21 in the United States Senate Resolution of Ratification.

22 (b) MIGRATION AND REFUGEE ASSISTANCE.—None

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

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

25 U.S.C. 2601(c)) shall be available to effect the involuntary
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1 return of any person to any country unless the Secretary

2 of State first notifies the appropriate congressional com3 mittees, except that in the case of an emergency involving

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

5 the appropriate congressional committees as soon as prac6 ticable.

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

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

9 means to require, by means of physical force or cir10 cumstances amounting to a threat thereof, a person to re11 turn to a country against the person’s will, regardless of

12 whether the person is physically present in the United

13 States and regardless of whether the United States acts

14 directly or through an agent.

15 SEC. 252. REPORT ON OVERSEAS REFUGEE PROCESSING.

16 (a) REPORT ON OVERSEAS REFUGE PROCESSING.—

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

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

19 congressional committees a report on overseas processing

20 of refugees for admission to the United States.

21 (b) CONTENTS.—The report shall include the fol22 lowing detailed information:

23 (1) United States procedures for the identifica24 tion of refugees who are particularly vulnerable or

25 whose individual circumstances otherwise suggest an
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1 urgent need for resettlement, including the extent to

2 which the Department now insists on referral by the

3 United Nations High Commissioner for Refugees as

4 a prerequisite to consideration of such refugees for

5 resettlement in the United States, together with a

6 plan for the expanded use of alternatives to such re7 ferral, including the use of field-based nongovern8 mental organizations to identify refugees in urgent

9 need of resettlement.

10 (2) The extent to which the Department makes

11 use in overseas refugee processing of the designation

12 of groups of refugees who are of special concern to

13 the United States, together with the reasons for any

14 decline in such use over the last 10 years and a plan

15 for making more generous use of such categories in

16 the future.

17 (3) The extent to which the United States cur18 rently provides opportunities for resettlement in the

19 United States of individuals who are close family

20 members of citizens or lawful residents of the United

21 States, together with the reasons for any decline in

22 the extent of such provision over the last 10 years

23 and a plan for expansion of such opportunities in

24 the future.
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1 (4) The extent to which opportunities for reset2 tlement in the United States are currently provided

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

4 reside in refugee camps, together with a plan for in5 creasing such opportunities, particularly for refugees

6 who are in urgent need of resettlement, who are

7 members of refugee groups of special interest to the

8 United States, or who are close family members of

9 United States citizens or lawful residents.

10 (5) The Department’s assessment of the feasi11 bility and desirability of modifying the Department’s

12 current list of refugee priorities to create an addi13 tional category for refugees whose need for resettle14 ment is based on a long period of residence in a ref15 ugee camp with no immediate prospect of safe and

16 voluntary repatriation to their country of origin or

17 last permanent residence.

18 (6) The extent to which the Department uses

19 private voluntary agencies to assist in the identifica20 tion of refugees for admission to the United States,

21 including the Department’s assessment of the advan22 tages and disadvantages of private voluntary agen23 cies, the reasons for any decline in the Department’s

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

25 a plan for the expanded use of such agencies.
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1 (7) The extent to which the per capita reception

2 and placement grant to voluntary agencies assisting

3 in resettlement of refugees has kept up over the last

4 10 years with the cost to such agencies of providing

5 such services.

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

7 current practice or procedure discussed in the re8 port, together with an estimate of any increase in

9 the annual refugee admissions ceiling that would be

10 necessary to implement each change.

11 TITLE III—ORGANIZATION AND

12 PERSONNEL OF THE DEPART13 MENT OF STATE

14 Subtitle A—Organizational Matters

15 SEC. 301. COMPREHENSIVE WORKFORCE PLAN.

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

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

18 of State shall submit to the appropriate congressional

19 committees a comprehensive workforce plan for the De20 partment of State for the fiscal years 2002 through 2006.

21 The plan shall consider personnel needs in both the civil

22 service and the Foreign Service and expected domestic and

23 overseas personnel allocations. The workforce plan should

24 set forth the detailed mission of the Department, the defi25 nition of work to be done and cyclical personnel needs
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1 based on expected retirements and the time required to

2 hire, train, and deploy new personnel.

3 (b) DOMESTIC STAFFING MODEL.—Not later than 1

4 year after the date of the enactment of this Act, the Sec5 retary of State shall compile and submit to the appropriate

6 congressional committees a domestic staffing model for

7 the Department of State.

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

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

10 STATE.—

11 (1) IN GENERAL.—The Secretary of State shall

12 establish a task force within the Department of

13 State on the issue of ‘‘rightsizing’’ overseas posts.

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

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

16 Secretary of State shall submit to the appropriate

17 congressional committees a report which outlines the

18 status, plans, and activities of the task force. In ad19 dition to such other information as the Secretary

20 considers appropriate, the report shall include the

21 following:

22 (A) The objectives of the task force.

23 (B) Measures for achieving the objectives

24 under subparagraph (A).
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1 (C) The official of the Department with

2 primary responsibility for the issue of

3 ‘‘rightsizing’’.

4 (D) The plans of the Department for the

5 reallocation of staff and resources based on

6 changing needs at overseas posts and in the

7 metropolitan Washington, D.C. area.

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

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

10 and every 6 months thereafter during the fiscal

11 years 2002 and 2003, the Secretary of State shall

12 submit to the appropriate congressional committees

13 a report reviewing the activities and progress of the

14 task force established under paragraph (1).

15 (b) INTERAGENCY WORKING GROUP.—

16 (1) ESTABLISHMENT.—The Secretary of State

17 shall establish an interagency working group on the

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

19 United States Government.

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

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

22 Secretary of State shall submit to the appropriate

23 congressional committees a report which outlines the

24 status, plans, and activities of the interagency work25 ing group. In addition to such other information as
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1 the Secretary considers appropriate, the report shall

2 include the following:

3 (A) The objectives of the working group.

4 (B) Measures for achieving the objectives

5 under subparagraph (A).

6 (C) The official of each agency with pri7 mary responsibility for the issue of

8 ‘‘rightsizing’’.

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

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

11 and every 6 months thereafter during the fiscal

12 years 2002 and 2003, the Secretary of State shall

13 submit to the appropriate congressional committees

14 a report reviewing the activities and progress of the

15 working group established under paragraph (1).

16 SEC. 303. QUALIFICATIONS OF CERTAIN OFFICERS OF THE

17 DEPARTMENT OF STATE.

18 Section 1 of the State Department Basic Authorities

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

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

21 (2) by inserting after subsection (e) the fol22 lowing new subsection (f):

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

24 DEPARTMENT OF STATE.—
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1 ‘‘(1) OFFICER HAVING PRIMARY RESPONSI2 BILITY FOR PERSONNEL MANAGEMENT.—The officer

3 of the Department of State with primary responsi4 bility for assisting the Secretary of State with re5 spect to matters relating to personnel in the Depart6 ment of State, or that officer’s principal deputy,

7 shall have substantial professional qualifications in

8 the field of human resource policy and management.

9 ‘‘(2) OFFICER HAVING PRIMARY RESPONSI10 BILITY FOR DIPLOMATIC SECURITY.—The officer of

11 the Department of State with primary responsibility

12 for assisting the Secretary of State with respect to

13 diplomatic security, or that officer’s principal dep14 uty, shall have substantial professional qualifications

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

16 law enforcement, intelligence, or security.

17 ‘‘(3) OFFICER HAVING PRIMARY RESPONSI18 BILITY FOR INTERNATIONAL NARCOTICS AND LAW

19 ENFORCEMENT.—The officer of the Department of

20 State with primary responsibility for assisting the

21 Secretary of State with respect to international nar22 cotics and law enforcement, or that officer’s prin23 cipal deputy, shall have substantial professional

24 qualifications in the fields of management and Fed25 eral law enforcement.’’.
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1 SEC. 304. UNITED STATES SPECIAL COORDINATOR FOR TI2 BETAN ISSUES.

3 (a) UNITED STATES SPECIAL COORDINATOR FOR TI4 BETAN ISSUES.—There shall be within the Department of

5 State a United States Special Coordinator for Tibetan

6 Issues.

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

8 consult with the chairman and ranking minority member

9 of the Committee on Foreign Relations of the Senate and

10 the Committee on International Relations of the House

11 of Representatives prior to the designation of the special

12 coordinator.

13 (c) CENTRAL OBJECTIVE.—The central objective of

14 the special coordinator is to promote substantive dialogue

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

16 and the Dalai Lama or his representatives.

17 (d) DUTIES AND RESPONSIBILITIES.—The special co18 ordinator shall—

19 (1) coordinate United States Government poli20 cies, programs, and projects concerning Tibet;

21 (2) vigorously promote the policy of seeking to

22 protect the distinct religious, cultural, linguistic, and

23 national identity of Tibet, and pressing for improved

24 respect for human rights;

25 (3) maintain close contact with religious, cul26 tural, and political leaders of the Tibetan people, in-
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1 cluding regular travel to Tibetan areas of the Peo2 ple’s Republic of China, and to Tibetan refugee set3 tlements in India and Nepal;

4 (4) consult with Congress on policies relevant to

5 Tibet and the future and welfare of the Tibetan peo6 ple;

7 (5) make efforts to establish contacts in the for8 eign ministries of other countries to pursue a nego9 tiated solution for Tibet; and

10 (6) take all appropriate steps to ensure ade11 quate resources, staff, and bureaucratic support to

12 fulfill the duties and responsibilities of the special

13 coordinator.

14 SEC. 305. UNITED STATES SPECIAL ENVOY FOR SUDAN

15 ISSUES.

16 Section 1 of the State Department Basic Authorities

17 Act of 1956 (22 U.S.C. 2651a), is amended by inserting

18 after subsection (f) (as added by section 303 of this Act)

19 the following new subsection (g):

20 ‘‘(g) UNITED STATES SPECIAL ENVOY FOR SUDAN

21 ISSUES.—

22 ‘‘(1) IN GENERAL.—There shall be within the

23 Department of State a United States Special Envoy

24 for Sudan Issues who shall be appointed by the
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1 President, by and with the advice and consent of the

2 Senate.

3 ‘‘(2) DUTIES.—In addition to such duties as

4 the President and Secretary of State shall prescribe,

5 the envoy shall work for a peaceful resolution of the

6 conflict in Sudan and an end to abuses of human

7 rights, including religious freedom, in Sudan.’’.

8 Subtitle B—Personnel Matters

9 SEC. 331. REPORT CONCERNING RETIRED MEMBERS OF

10 THE FOREIGN SERVICE AND CIVIL SERVICE

11 WHO ARE REGISTERED AGENTS OF A GOV12 ERNMENT OF A FOREIGN COUNTRY.

13 The Secretary of State shall submit, annually, a re14 port to the Committee on International Relations of the

15 House of Representatives and the Committee on Foreign

16 Affairs of the Senate which lists members of the Foreign

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

18 issued an identification which authorizes access to facili19 ties of the Department of State, and are registered under

20 the Foreign Agents Registration Act of 1938 as an agent

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

22 specify each individual and the governments represented

23 by that individual.
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1 SEC. 332. TIBETAN LANGUAGE TRAINING.

2 The Secretary of State shall ensure that Tibetan lan3 guage training is available to Foreign Service officers, and

4 that every effort is made to ensure that a Tibetan-speak5 ing Foreign Service officer is assigned to the consulate in

6 China responsible for tracking developments in Tibet.

7 SEC. 333. DEPENDENTS ON FAMILY VISITATION TRAVEL.

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

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

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

11 of his or her family,’’.

12 (b) PROMULGATION OF GUIDANCE.—The Secretary

13 shall promulgate guidance for the implementation of the

14 amendment made by subsection (a) to ensure its imple15 mentation in a manner which does not substantially in16 crease the total amount of travel expenses paid or reim17 bursed by the Department for travel under section 901

18 of the Foreign Service Act of 1980.

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

20 subsection (a) shall take effect on the date on which guid21 ance for implementation of such amendment is issued by

22 the Secretary.

23 SEC. 334. THOMAS JEFFERSON STAR.

24 Section 36A of the State Department Basic Authori25 ties Act of 1956 (22 U.S.C. 2708a), is amended—
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1 (1) in the section heading by striking ‘‘FOR2 EIGN SERVICE’’ and inserting ‘‘THOMAS JEF3 FERSON’’; and

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

5 place it appears and inserting ‘‘Thomas Jefferson

6 Star’’.

7 SEC. 335. HEALTH EDUCATION AND DISEASE PREVENTION

8 PROGRAMS.

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

10 (22 U.S.C. 4084(b)), is amended by striking ‘‘families,

11 and (3)’’ and inserting ‘‘families, (3) health education and

12 disease prevention programs for all employees, and (4)’’.

13 SEC. 336. TRAINING AUTHORITIES.

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

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

16 Public Law 105–277), is amended by striking paragraph

17 (3).

18 SEC. 337. FOREIGN NATIONAL RETIREMENT PLANS.

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

20 (22 U.S.C. 3968(a)(1)), is amended in the third sentence

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

22 employees.’’ and inserting ‘‘(C) payments by the Govern23 ment and employees to: (i) a trust or other fund in a fi24 nancial institution in order to finance future benefits for

25 employees, including provision for retention in the fund
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1 of accumulated interest and dividends for the benefit of

2 covered employees; or (ii) a Foreign Service National Sav3 ings Fund established in the Treasury of the United

4 States, which: (I) shall be administered by the Secretary

5 of State, at whose direction the Secretary of the Treasury

6 shall invest amounts not required for the current needs

7 of the fund; and (II) shall be public monies, which are

8 authorized to be appropriated and remain available with9 out fiscal year limitation to pay benefits, to be invested

10 in public debt obligations bearing interest at rates deter11 mined by the Secretary of the Treasury taking into consid12 eration current average market yields on outstanding mar13 ketable obligations of the United States of comparable ma14 turity, and to pay administrative expenses.’’.

15 SEC. 338. PRESIDENTIAL RANK AWARDS.

16 (a) COMPARABLE TO PAYMENTS TO MERITORIOUS

17 EXECUTIVES AND DISTINGUISHED EXECUTIVES.—Sec18 tion 405(b)(3) of the Foreign Service Act of 1980 (22

19 U.S.C. 3965(b)(3)), is amended by striking the second

20 sentence and inserting ‘‘Payments under this paragraph

21 to a member of the Senior Foreign Service may not ex22 ceed, in any fiscal year, the percentage of base pay estab23 lished under section 4507(e)(1) of title 5, United States

24 Code, for a Meritorious Executive, except that payments

25 of the percentage of the base pay established under section
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1 4507(e)(2) of title 5, United States, Code, for Distin2 guished Executives may be made in any fiscal year to up

3 to 1 percent of the members of the Senior Foreign Serv4 ice.’’.

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

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

7 SEC. 339. EMERGENCY MEDICAL ADVANCE PAYMENTS.

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

9 amended to read as follows:

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

11 section 408 of the Foreign Service Act of 1980,

12 who—

13 ‘‘(A) pursuant to government authorization

14 is located outside the country of employment;

15 and

16 ‘‘(B) requires medical treatment outside

17 the country of employment in circumstances

18 specified by the President in regulations.’’.

19 SEC. 340. UNACCOMPANIED AIR BAGGAGE.

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

21 is amended by inserting after the first sentence the fol22 lowing: ‘‘At the option of the employee, in lieu of the

23 transportation of the baggage of a dependent child from

24 the dependent’s school, the costs incurred to store the bag25 gage at or in the vicinity of the school during the depend-
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1 ent’s annual trip between the school and the employee’s

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

3 The amount of the payment or reimbursement may not

4 exceed the cost that the government would incur to trans5 port the baggage.’’.

6 SEC. 341. SPECIAL AGENT AUTHORITIES.

7 Section 37(a) of the State Department Basic Au8 thorities Act of 1956 (22 U.S.C. 2709(a)), is amended in

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

10 ‘‘President’’.

11 SEC. 342. REPORT CONCERNING MINORITY EMPLOYMENT.

12 During each of the years 2002 and 2003, the Sec13 retary of State shall submit a comprehensive report to the

14 Congress concerning the status of employment of members

15 of minority groups at the Department of State, including

16 the Civil Service, the Foreign Service, and State Depart17 ment employees serving abroad. The report shall include

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

19 percentages and not as ratios):

20 (1) For the last preceding Foreign Service ex21 amination and promotion cycles for which such in22 formation is available—

23 (A) the numbers and percentages of mem24 bers of all minority groups taking the written

25 Foreign Service examination;
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1 (B) the numbers and percentages of mem2 bers of all minority groups successfully com3 pleting and passing the written Foreign Service

4 examination;

5 (C) the numbers and percentages of mem6 bers of all minority groups successfully com7 pleting and passing the oral Foreign Service ex8 amination;

9 (D) the numbers and percentages of mem10 bers of all minority groups entering the junior

11 officers class of the Foreign Service;

12 (E) the numbers and percentages of mem13 bers of all minority groups who are Foreign

14 Service officers at each grade; and

15 (F) the numbers of and percentages of

16 members of all minority groups promoted at

17 each grade of the Foreign Service Officer

18 Corps.

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

20 employment at the Department of State for which

21 such information is available—

22 (A) numbers and percentages of members

23 of all minority groups entering the Civil Service;

24 (B) the number and percentages of mem25 bers of all minority groups who are civil service
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1 employees at each grade of the Civil Service;

2 and

3 (C) the number of and percentages of

4 members of all minority groups promoted at

5 each grade of the Civil Service.

6 SEC. 343. USE OF FUNDS AUTHORIZED FOR MINORITY RE7 CRUITMENT.

8 (a) CONDUCT OF RECRUITMENT ACTIVITIES.—

9 (1) IN GENERAL.—Amounts authorized to be

10 appropriated for minority recruitment under section

11 101(1)(B)(iii) shall be used only for activities di12 rectly related to minority recruitment, such as re13 cruitment materials designed to target members of

14 minority groups and the travel expenses of recruit15 ment trips to colleges, universities, and other institu16 tions or locations.

17 (2) LIMITATION.—Amounts authorized to be

18 appropriated for minority recruitment under section

19 101(1)(B)(iii) may not be used to pay salaries of

20 employees of the Department of State.

21 (b) RECRUITMENT ACTIVITIES AT ACADEMIC INSTI22 TUTIONS.—The Secretary of State shall expand the re23 cruitment efforts of the Department of State to include

24 not less than 25 percent of the part B institutions (as

25 defined under section 322 of the Higher Education Act
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1 of 1965) in the United States and not less than 25 percent

2 of the Hispanic-serving institutions (as defined in section

3 502(a)(5) of such Act) in the United States.

4 (c) EVALUATION OF RECRUITMENT EFFORTS.—The

5 Secretary of State shall establish a database relating to

6 efforts to recruit members of minority groups into the

7 Foreign Service and the Civil Service and shall report to

8 the appropriate congressional committees annually on the

9 evaluation of efforts to recruit such individuals, including

10 an analysis of the information collected in the database

11 created under this subsection. For each of the years 2002

12 and 2003, such a report may be part of the report re13 quired under section 342.

14 SEC. 344. CORRECTION OF TIME LIMIT FOR GRIEVANCE

15 FILING.

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

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

18 striking ‘‘but in no case less than two years after the oc19 currence giving rise to the grievance’’ and inserting ‘‘but

20 in no case more than three years after the occurrence giv21 ing rise to the grievance.’’.

22 SEC. 345. CLARIFICATION OF SEPARATION FOR CAUSE.

23 Section 610(a) of the Foreign Service Act of 1980

24 (22 U.S.C. 4010(a)), is amended—
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1 (a) in paragraph (1), by inserting ‘‘decide to’’ after

2 ‘‘may’’;

3 (b) by striking paragraphs (2), (3), (4), (5) and (6)

4 and inserting the following:

5 ‘‘(2) When the Secretary decides under para6 graph (1) to separate, on the basis of misconduct,

7 any member of the service (other than a United

8 States citizen employed under section 311 who is not

9 a family member) who either (A) is serving under a

10 career appointment, or (B) is serving under a lim11 ited appointment, the member may not be separated

12 from the Service until the member receives a hearing

13 before the Foreign Service Grievance Board and the

14 Board decides that cause for separation has been es15 tablished, unless the member waives the right to

16 such a hearing in writing, or the member’s appoint17 ment has expired, whichever occurs first.

18 ‘‘(3) If the Board decides that cause for separa19 tion has not been established, the Board may direct

20 the Department to pay reasonable attorneys fees to

21 the extent and in the manner provided by section

22 1107(b)(5). A hearing under this paragraph shall be

23 conducted in accordance with the hearing procedures

24 applicable to grievances under section 1106 and

25 shall be in lieu of any other administrative procedure
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1 authorized or required by this or any other law. Sec2 tion 1110 shall apply to proceedings under this

3 paragraph.

4 ‘‘(4) Notwithstanding the hearing required by

5 paragraph (2), when the Secretary decides to sepa6 rate a member of the Service for cause, the member

7 shall be placed on leave without pay. If the member

8 does not waive the right to a hearing, and the Board

9 decides that cause for separation has not been estab10 lished, the member shall be reinstated with back

11 pay.’’.

12 TITLE IV—UNITED STATES EDU13 CATIONAL AND CULTURAL

14 PROGRAMS OF THE DEPART15 MENT OF STATE

16 SEC. 401. EXTENSION OF REQUIREMENT FOR SCHOLAR17 SHIPS FOR TIBETANS AND BURMESE.

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

19 and Other Foreign Relations Provisions Act of 1996 (Pub20 lic Law 104–319; 22 U.S.C. 2151 note), is amended by

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

22 of the fiscal years 2002 and 2003’’.
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1 SEC. 402. NONPROFIT ENTITIES FOR CULTURAL PRO2 GRAMS.

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

4 findings:

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

6 States to promote mutual understanding between

7 the people of the United States and other nations.

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

9 this objective are a wide range of international edu10 cational and cultural exchange programs, including

11 the J. William Fulbright Educational Exchange Pro12 gram and the International Visitors Program.

13 (3) Cultural diplomacy, especially the presen14 tation abroad of the finest of America’s creative, vis15 ual and performing arts, is an especially effective

16 means of advancing the United States national in17 terest.

18 (4) The financial support available for inter19 national cultural and scholarly exchanges has de20 clined by approximately 10 percent in recent years.

21 (5) Funds appropriated for the purpose of en22 suring that the excellence, diversity, and vitality of

23 the arts in the United States are presented to for24 eign audiences by, and in cooperation with, our dip25 lomatic and consular representatives have declined

26 dramatically.
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1 (6) One of the ways to deepen and expand cul2 tural and educational exchange programs is through

3 the establishment of nonprofit entities to encourage

4 the participation and financial support of corpora5 tions and other private sector contributors.

6 (7) The United States private sector should be

7 encouraged to cooperate closely with the Secretary of

8 State and representatives of the Department to ex9 pand and spread appreciation of United States cul10 tural and artistic accomplishments.

11 (b) AUTHORITY TO ESTABLISH NONPROFIT ENTI12 TIES.—Section 105 of the Mutual Educational and Cul13 tural Exchange Act of 1961 (22 U.S.C. 2255), is amended

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

15 ‘‘(g) NONPROFIT ENTITIES FOR CULTURAL PRO16 GRAMMING.—

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

18 provide for the establishment of private nonprofit

19 entities to assist in carrying out the purposes of this

20 subsection. Any such entity shall not be considered

21 an agency or instrumentality of the United States

22 Government and employees of such an entity shall

23 not be considered employees of the United States

24 Government for any purpose.
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1 ‘‘(2) An entity established pursuant to the au2 thority of paragraph (1) may carry out the fol3 lowing:

4 ‘‘(A) Encourage participation and support

5 by United States corporations and other ele6 ments of the private sector for cultural, arts,

7 and educational exchange programs which will

8 enhance international appreciation of America’s

9 cultural and artistic accomplishments.

10 ‘‘(B) Solicit and receive contributions from

11 the private sector to support cultural, arts, and

12 educational exchange programs.

13 ‘‘(C) Provide grants and other assistance

14 for such programs.

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

16 make such arrangements as are necessary to carry

17 out the purposes of any entity established pursuant

18 to paragraph (1) including the following:

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

20 for an entity.

21 ‘‘(B) Designation of a program in recogni22 tion of such contributions.

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

24 of directors or other body established to admin25 ister an entity, including the appointment of
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1 employees of the United States Government as

2 ex officio nonvoting members of such a board or

3 other administrative body.

4 ‘‘(D) Making recommendations with re5 spect to specific artistic and cultural programs

6 to be carried out by the entity.

7 ‘‘(4) For fiscal years 2002 and 2003, not to ex8 ceed $500,000 of funds available to the Department

9 of State are authorized to be made available for each

10 fiscal year for administrative and other costs for the

11 establishment of entities pursuant to paragraph (1).

12 An entity established pursuant to paragraph (1) is

13 authorized to invest amounts made available to the

14 entity by the Department of State, and such

15 amounts, as well as interest or earnings on such

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

17 purposes.

18 ‘‘(5) Each entity established pursuant to para19 graph (1) shall submit an annual report on the

20 sources and amount of funds and other resources re21 ceived and the programs funded by the entity to the

22 Committee on Foreign Relations of the Senate and

23 the Committee on International Relations of the

24 House of Representatives.
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1 ‘‘(6) The financial transactions of each entity

2 established under paragraph (1) for each fiscal year

3 shall be the subject of an independent audit. A re4 port of each such audit shall be made available to

5 the Committee on Foreign Relations of the Senate

6 and the Committee on International Relations of the

7 House of Representatives.’’.

8 SEC. 403. FULBRIGHT-HAYS AUTHORITIES.

9 Section 112(d) of the Mutual Educational and Cul10 tural Exchange Act of 1961 (22 U.S.C. 2460(d), is

11 amended by striking ‘‘operating under the authority of

12 this Act and consistent with’’ and inserting ‘‘which oper13 ate under the authority of this Act or promote’’.

14 SEC. 404. ETHICAL ISSUES IN INTERNATIONAL HEALTH RE15 SEARCH.

16 (a) IN GENERAL.—The Secretary shall make avail17 able funds for public diplomacy and international ex18 changes, including, as appropriate, funds for international

19 visitor programs and scholarships available under the

20 United States Information and Educational Exchange Act

21 of 1948, the Mutual Educational and Cultural Exchange

22 Act of 1961 and other similar statutes, to provide opportu23 nities to researchers in developing countries to obtain

24 scholarships and otherwise participate in activities related
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1 to ethical issues in human subject research, as described

2 in subsection (b).

3 (b) ETHICAL ISSUES IN HUMAN SUBJECT RE4 SEARCH.—For purposes of subsection (a), ‘‘activities re5 lated to ethical issues in human subject research’’ include

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

7 and compliance with international ethical standards for

8 clinical trials involving human subjects, particularly with

9 respect to responsibilities of researchers to individuals and

10 local communities participating in such trials, and on

11 management and monitoring of such trials based on such

12 international ethical standards.

13 TITLE V—UNITED STATES

14 INTERNATIONAL BROAD15 CASTING ACTIVITIES

16 SEC. 501. ELIMINATING STAFF POSITIONS FOR THE ADVI17 SORY BOARD FOR CUBA BROADCASTING.

18 (a) ELIMINATING POSITION OF STAFF DIRECTOR.—

19 (1) Section 245 of the Television Broadcasting

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

21 striking subsection (d).

22 (2) Any funds made available through the elimi23 nation of the position under the amendment made

24 by paragraph (1) shall be made available for broad25 casting to Cuba.
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1 (b) PROHIBITING PAID STAFF POSITIONS.—The Ad2 visory Board for Cuba Broadcasting is not authorized to

3 employ administrative or support staff who are com4 pensated by the Advisory Board.

5 SEC. 502. REPORTS ON BROADCASTING PERSONNEL.

6 Not later than 3 months after the date of the enact7 ment of this Act and every 6 months thereafter during

8 the fiscal years 2002 and 2003, the Broadcasting Board

9 of Governors shall submit to the appropriate congressional

10 committees a report regarding high-level personnel of the

11 Broadcasting Board of Governors and efforts to diversify

12 the workforce. Each report shall include the following in13 formation, reported separately, for the International

14 Broadcasting Bureau, Radio Free Europe/Radio Liberty,

15 and Radio Free Asia:

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

17 the GS–13 pay level.

18 (2) The number and percentage of women and

19 members of minority groups in positions under para20 graph (1).

21 (3) The increase or decrease in the representa22 tion of women and members of minority groups in

23 positions under paragraph (1) from previous years.

24 (4) The recruitment budget for each broad25 casting entity and the aggregate budget.
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1 (5) Information concerning the recruitment ef2 forts of the Broadcasting Board of Governors relat3 ing to women and members of minority groups, in4 cluding the percentage of the recruitment budget

5 utilized for such efforts.

6 SEC. 503. PERSONAL SERVICES CONTRACTING PILOT PRO7 GRAM.

8 (a) IN GENERAL.—The Director of the International

9 Broadcasting Bureau is authorized to establish a pilot pro10 gram for the purpose of hiring United States citizens or

11 aliens as personal services contractors, without regard to

12 civil service and classification laws, for service in the

13 United States as broadcasters, producers, and writers in

14 the International Broadcasting Bureau to respond to new

15 or emerging broadcasting needs or to augment broadcast

16 services.

17 (b) LIMITATION ON AUTHORITY.—The Director is

18 authorized to use such pilot program authority subject to

19 the following limitations:

20 (1) The Director shall determine that existing

21 personnel resources are insufficient and the need is

22 of limited or unknown duration.

23 (2) The Director shall approve each contract

24 for a personal services contractor.
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1 (3) The length of any personal services contract

2 may not exceed 2 years, unless the Director finds

3 that exceptional circumstances justify an extension

4 of not more than 1 additional year.

5 (4) Not more than 50 United States citizens or

6 aliens shall be employed at any time as personal

7 services contractors under the pilot program.

8 (c) TERMINATION OF AUTHORITY.—The authority to

9 award personal services contracts under the pilot program

10 authorized by this section shall terminate on December 31,

11 2005. A contract entered into prior to the termination

12 date under this subsection may remain in effect for a pe13 riod not to exceed 6 months after such termination date.

14 SEC. 504. PAY PARITY FOR SENIOR EXECUTIVES OF RADIO

15 FREE EUROPE AND RADIO LIBERTY.

16 Section 308(h)(1) of the United States International

17 Broadcasting Act of 1994 (22 U.S.C. 6207(h)(1)), is

18 amended—

19 (1) by inserting after subparagraph (B) the fol20 lowing new subparagraph:

21 ‘‘(C) Notwithstanding the limitations under

22 subparagraph (A), grant funds provided under this

23 section may be used by RFE/RL, Incorporated to

24 pay up to two employees employed in Washington,

25 D.C. salary or other compensation not to exceed the
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1 rate of pay payable for level III of the Executive

2 Schedule under section 5314 of title 5, United

3 States Code.’’; and

4 (2) in subparagraph (A) by striking ‘‘(B),’’ and

5 inserting ‘‘(B) or (C),’’.

6 SEC. 505. REPEAL OF BAN ON UNITED STATES TRANS7 MITTER IN KUWAIT.

8 The Foreign Relations Authorization Act, Fiscal

9 Years 1994 and 1995 (Public Law 103–236), is

10 amended—

11 (1) by striking section 226; and

12 (2) by striking the item relating to section 226

13 in the table of sections.

14 TITLE VI—INTERNATIONAL OR15 GANIZATIONS AND COMMIS16 SIONS

17 SEC. 601. UNITED NATIONS ARREARS PAYMENTS AND RE18 FORM.

19 (a) ADDITIONAL RESTRICTION ON RELEASE OF AR20 REARAGE PAYMENTS RELATING TO UNITED STATES

21 MEMBERSHIP ON THE UNITED NATIONS COMMISSION ON

22 HUMAN RIGHTS AND USE OF SECRET BALLOTS.—In ad23 dition to the satisfaction of all other preconditions applica24 ble to the obligation and expenditure of funds authorized

25 to be appropriated by section 911(a)(3) of the United Na-
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1 tions Reform Act of 1999, such funds may not be obli2 gated or expended until the Secretary of State certifies

3 to the appropriate congressional committees that—

4 (1) the United States has obtained full mem5 bership on the United Nations Commission on

6 Human Rights for a term commencing after May 3,

7 2001; and

8 (2)(A) neither the United Nations nor any spe9 cialized agency of the United Nations takes any ac10 tion or exercises any authority by any vote of the

11 membership of the body by a secret ballot which pre12 vents the identification of each vote with the member

13 casting the ballot; or

14 (B) a detailed analysis of voting within the

15 United Nations and specialized agencies of the

16 United Nations has demonstrated to the satisfaction

17 of the Secretary of State that the use of secret bal18 lots can serve the interests of the United States and

19 that analysis has been transmitted to the appro20 priate congressional committees.

21 (b) ADDITIONAL RESTRICTION ON RELEASE OF AR22 REARAGE PAYMENTS RELATING TO GENERAL ACCOUNT23 ING OFFICE REPORT ON UNITED STATES CONTRIBU24 TIONS TO UNITED NATIONS PEACEKEEPING OPER25 ATIONS.—
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1 (1) In addition to the satisfaction of all other

2 preconditions applicable to the obligation and ex3 penditure of funds authorized to be appropriated by

4 section 911(a)(3) of the United Nations Reform Act

5 of 1999, such funds may not be obligated or ex6 pended until the date on which the General Account7 ing Office submits a report to Congress under para8 graph (2) or September 30, 2001, whichever occurs

9 first.

10 (2) Not later than September 30, 2001, the

11 General Accounting Office, in consultation with the

12 Department of Defense, shall submit to the Con13 gress a detailed accounting of United States con14 tributions to United Nations peacekeeping oper15 ations during the period 1990 through 2001, includ16 ing a review of any reimbursement by the United

17 Nations for such contributions.

18 (c) ADDITIONAL RESTRICTIONS ON RELEASE OF AR19 REARAGE PAYMENTS RELATING TO UNITED STATES SOV20 EREIGNTY.—In addition to the satisfaction of all other

21 preconditions applicable to the obligation and expenditure

22 of funds authorized to be appropriated by section

23 911(a)(2) of the United Nations Reform Act of 1999, such

24 funds may not be obligated or expended until the Sec-
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1 retary of State certifies to the appropriate congressional

2 committees that the following conditions are satisfied:

3 (1) SUPREMACY OF THE UNITED STATES CON4 STITUTION.—No action has been taken by the

5 United Nations or any of its specialized or affiliated

6 agencies that requires the United States to violate

7 the United States Constitution or any law of the

8 United States.

9 (2) NO UNITED NATIONS SOVEREIGNTY.—Nei10 ther the United Nations nor any of its specialized or

11 affiliated agencies—

12 (A) has exercised sovereignty over the

13 United States; or

14 (B) has taken any steps that require the

15 United States to cede sovereignty.

16 (3) NO UNITED NATIONS TAXATION.—

17 (A) NO LEGAL AUTHORITY.—Except as

18 provided in subparagraph (D), neither the

19 United Nations nor any of its specialized or af20 filiated agencies has the authority under United

21 States law to impose taxes or fees on United

22 States nationals.

23 (B) NO TAXES OR FEES.—Except as pro24 vided in subparagraph (D), a tax or fee has not

25 been imposed on any United States national by
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1 the United Nations or any of its specialized or

2 affiliated agencies.

3 (C) NO TAXATION PROPOSALS.—Except as

4 provided in subparagraph (D), neither the

5 United Nations nor any of its specialized or af6 filiated agencies has, on or after October 1,

7 1996, officially approved any formal effort to

8 develop, advocate, or promote any proposal con9 cerning the imposition of a tax or fee on any

10 United States national in order to raise revenue

11 for the United Nations or any such agency.

12 (D) EXCEPTION.—This paragraph does

13 not apply to—

14 (i) fees for publications or other kinds

15 of fees that are not tantamount to a tax on

16 United States citizens;

17 (ii) the World Intellectual Property

18 Organization; or

19 (iii) the staff assessment costs of the

20 United Nations and its specialized or affili21 ated agencies.

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

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

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

25 create, or establish any special agreement under Ar-
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1 ticle 43 of the United Nations Charter to make

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

3 armed forces of any member of the United Nations.

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

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

6 penalties against the United States or any interest

7 on arrearages on the annual assessment of the

8 United States, and neither the United Nations nor

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

10 1996, amended their financial regulations or taken

11 any other action that would permit interest penalties

12 to be levied against the United States or otherwise

13 charge the United States any interest on arrearages

14 on its annual assessment.

15 (6) UNITED STATES REAL PROPERTY

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

17 specialized or affiliated agencies has exercised au18 thority or control over any United States national

19 park, wildlife preserve, monument, or real property,

20 nor has the United Nations nor any of its specialized

21 or affiliated agencies implemented plans, regulations,

22 programs, or agreements that exercise control or au23 thority over the private real property of United

24 States citizens located in the United States without

25 the approval of the property owner.
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1 (7) TERMINATION OF BORROWING AUTHOR2 ITY.—

3 (A) PROHIBITION ON AUTHORIZATION OF

4 EXTERNAL BORROWING.—On or after the date

5 of the enactment of this Act, neither the United

6 Nations nor any specialized agency of the

7 United Nations has amended its financial regu8 lations to permit external borrowing.

9 (B) PROHIBITION OF UNITED STATES PAY10 MENT OF INTEREST COSTS.—The United States

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

12 share of any interest costs made known to or

13 identified by the United States Government for

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

15 the United Nations or any specialized agency of

16 the United Nations through external borrowing.

17 (d) AMENDMENTS TO THE UNITED NATIONS RE18 FORM ACT OF 1999.—The United Nations Reform Act of

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

20 law by section 1000(a)(7) of Public Law 106–113; appen21 dix G; 113 Stat. 1501A–475), is amended as follows:

22 (1) Section 912(c) is amended by striking ‘‘sec23 tion 911’’ and inserting ‘‘section 911(a)(3)’’.

24 (2) Section 931(b) is amended by—

25 (A) striking paragraph (2); and
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1 (B) redesignating paragraph (3) as para2 graph (2).

3 (3) Section 941(a)(2) is amended—

4 (A) by striking ‘‘also’’;

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

6 places it appears; and

7 (C) by striking ‘‘satisfied, if the other con8 ditions in subsection (b) are satisfied’’ and in9 serting ‘‘satisfied’’.

10 (4) Section 941(b)(3) is amended—

11 (A) in the paragraph heading by striking

12 ‘‘NEW BUDGET PROCEDURES’’ and inserting

13 ‘‘BUDGET PRACTICES’’;

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

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

16 ‘‘practices’’; and

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

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

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

20 (5) Section 941(b)(9) is amended—

21 (A) in the paragraph heading by striking

22 ‘‘NEW BUDGET PROCEDURES’’ and inserting

23 ‘‘BUDGET PRACTICES’’;

24 (B) by striking ‘‘Each designated special25 ized agency has established procedures to—’’
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1 and inserting ‘‘The practices of each designated

2 specialized agency—’’; and

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

4 striking ‘‘require’’ each of the 3 places it ap5 pears such subparagraphs and inserting in the

6 3 places ‘‘result in’’.

7 (e) AMENDMENT TO UNITED NATIONS PARTICIPA8 TION ACT.—Section 6 of the United Nations Participation

9 Act of 1945 (22 U.S.C. 287d), is amended to read as fol10 lows:

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

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

13 is concluded by the President with the Security Council

14 shall not be effective unless approved by the Congress by

15 appropriate Act or joint resolution.

16 ‘‘(b) An agreement referred to in subsection (a) is

17 an agreement providing for the numbers and types of

18 United States Armed Forces, their degree of readiness and

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

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

21 Security Council for the purpose of maintaining inter22 national peace and security in accordance with Article 43

23 of the Charter of the United Nations.

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

25 section may be construed as an authorization to the Presi-
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1 dent by the Congress to make available United States

2 Armed Forces, facilities, or assistance to the Security

3 Council.’’.

4 (f) AMENDMENT TO PUBLIC LAW 103–236.—Section

5 404(b)(2) of the Foreign Relations Authorization Act, Fis6 cal Years 1994 and 1995 (Public Law 103–236; 22 U.S.C.

7 287e note), is amended—

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

9 year 1995’’ and inserting ‘‘for—

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

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

12 (2) by striking ‘‘operation.’’ and inserting ‘‘op13 eration; and

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

15 be available for the payment of the United

16 States assessed contribution for a United Na17 tions peacekeeping operation in an amount

18 which is greater than 28.15 percent of the total

19 of all assessed contributions for that oper20 ation.’’.

21 (g) CONFORMING AMENDMENT TO PUBLIC LAW 92–

22 544.—The last sentence of the paragraph headed ‘‘Con23 tributions to International Organizations’’ in Public Law

24 92–544 (22 U.S.C. 287e note) is amended—
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1 (1) by striking ‘‘Appropriations are authorized’’

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

3 Foreign Relations Authorization Act, Fiscal Years

4 1994 and 1995 (Public Law 103–236, 22 U.S.C.

5 287e note), as amended, appropriations are author6 ized’’; and

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

8 peacekeeping operations) conducted’’ and inserting

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

10 Nations or’’.

11 (h) CONFORMING AMENDMENT TO PUBLIC LAW

12 105–277.—The undesignated paragraph under the head13 ing ‘‘ARREARAGE PAYMENTS’’ in title IV of the Depart14 ments of Commerce, Justice, and State, the Judiciary, and

15 Related Agencies Appropriations Act, 1999 (as enacted

16 into law by section 101(b) of division A of the Omnibus

17 Consolidated and Emergency Supplemental Appropria18 tions Act, 1999; 112 Stat. 2681–96) is amended by strik19 ing ‘‘member, and the share of the budget for each as20 sessed United Nations peacekeeping operation does not ex21 ceed 25 percent for any single United Nations member.’’

22 and inserting ‘‘member.’’.

23 (i) CONFORMING AMENDMENT TO PUBLIC LAW 106–

24 113.—The undesignated paragraph under the heading

25 ‘‘ARREARAGE PAYMENTS’’ in title IV of the Departments
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1 of Commerce, Justice, and State, the Judiciary, and Re2 lated Agencies Appropriations Act, 2000 (as enacted into

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

4 106–113; appendix A; 113 Stat. 1501A–42) is amended—

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

6 of the total of all assessed contributions for any des7 ignated specialized agency of the United Nations

8 does not exceed 22 percent for any single member of

9 the agency, and’’; and

10 (2) by inserting immediately after the first pro11 viso ‘‘Provided further, That, none of the funds ap12 propriated or otherwise made available under this

13 heading for payment of arrearages may be obligated

14 or expended with respect to a designated specialized

15 agency of the United Nations until such time as the

16 share of the total of all assessed contributions for

17 that designated specialized agency does not exceed

18 22 percent for any member of the agency:’’.

19 (j) EFFECTIVE DATE.—This section and the amend20 ments made by this section shall take effect on the date

21 of the enactment of this Act.
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1 SEC. 602. TRAVEL BY ADVISORY COMMITTEE MEMBERS TO

2 GREAT LAKES FISHERY COMMISSION AN3 NUAL MEETING.

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

5 (70 Stat. 242; 16 U.S.C. 933(c)), is amended in the sec6 ond sentence—

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

8 (2) by striking ‘‘each’’ and inserting ‘‘the an9 nual’’.

10 SEC. 603. UNITED STATES POLICY ON COMPOSITION OF

11 THE UNITED NATIONS HUMAN RIGHTS COM12 MISSION.

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

14 findings:

15 (1) The United Nations Human Rights Com16 mission is an important organ of the United Nations

17 that plays a significant role in monitoring inter18 national human rights developments and can make

19 an important contribution to advancing human

20 rights around the world.

21 (2) The membership of the Commission, how22 ever, continues to include countries that are them23 selves human rights violators.

24 (3) Countries that are on the Commission have

25 a special duty to ensure that they are prepared to
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1 allow human rights monitors into their own country

2 to investigate allegations of human rights violations.

3 (b) UNITED STATES POLICY ON MEMBERSHIP OF

4 THE COMMISSION.—The President, acting through the

5 Secretary of State, the United States Permanent Rep6 resentative to the United Nations, and other appropriate

7 United States Government officials, shall use the voice and

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

9 membership on the United Nations Commission on

10 Human Rights for any country that does not provide a

11 standing invitation to allow the following persons to mon12 itor human rights in the territory of such country:

13 (1) Designated United Nations human rights

14 investigators and rapporteurs.

15 (2) Representatives from nongovernmental or16 ganizations that focus on human rights.

17 SEC. 604. UNITED STATES MEMBERSHIP IN THE INTER18 NATIONAL ORGANIZATION FOR MIGRATION.

19 (a) CONTINUATION OF MEMBERSHIP.—The Presi20 dent is authorized to continue membership for the United

21 States in the International Organization for Migration in

22 accordance with the constitution of such organization ap23 proved in Venice, Italy, on October 19, 1953, as amended

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

25 entry into force of such amendments.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—For the

2 purpose of assisting in the movement of refugees and mi3 grants, there are authorized to be appropriated such

4 amounts as may be necessary from time to time for pay5 ment by the United States of its contributions to the

6 International Organization for Migration and all necessary

7 salaries and expenses incidental to United States partici8 pation in such organization.

9 SEC. 605. REPORT RELATING TO COMMISSION ON SECU10 RITY AND COOPERATION IN EUROPE.

11 Section 5 of the Act entitled ‘‘An Act to establish a

12 Commission on Security and Cooperation in Europe’’

13 (Public Law 94–304; 22 U.S.C. 3005) is amended to read

14 as follows:

15 ‘‘SEC. 5. In order to assist the Commission in car16 rying out its duties, the Secretary of State shall submit

17 to the Commission an annual report discussing the overall

18 United States policy objectives that are advanced through

19 meetings of decision-making bodies of the Organization on

20 Security and Cooperation in Europe (OSCE), the OSCE

21 implementation review process, and other activities of the

22 OSCE. The report shall also include a summary of specific

23 United States policy objectives with respect to partici24 pating states where there is a particular concern relating

25 to the implementation of Organization on Security and
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1 Cooperation in Europe commitments or where an OSCE

2 presence exists. Such summary shall address the role

3 played by Organization on Security and Cooperation in

4 Europe institutions, mechanisms, or field activities in

5 achieving United States policy objectives. Each annual re6 port shall cover the period January 1 through December

7 31, shall be submitted not more than 90 days after the

8 end of the reporting period, and shall be posted on the

9 website of the Department of State.’’.

10 SEC. 606. REPORTS TO CONGRESS ON UNITED NATIONS AC11 TIVITIES.

12 (a) AMENDMENTS TO UNITED NATIONS PARTICIPA13 TION ACT.—Section 4 of the United Nations Participation

14 Act (22 U.S.C. 287b), is amended—

15 (1) by striking subsections (b) and (c);

16 (2) by inserting after subsection (a) the fol17 lowing new subsection:

18 ‘‘(b) ANNUAL REPORT ON FINANCIAL CONTRIBU19 TIONS.—Not later than July 1 of each year, the Secretary

20 of State shall submit a report to the designated congres21 sional committees on the extent and disposition of all fi22 nancial contributions made by the United States during

23 the preceding year to international organizations in which

24 the United States participates as a member.’’;
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1 (3) in subsection (e)(5) by striking subpara2 graph (B) and inserting the following:

3 ‘‘(B) ANNUAL REPORT.—The President

4 shall submit an annual report to the designated

5 congressional committees on all assistance pro6 vided by the United States during the preceding

7 calendar year to the United Nations to support

8 peacekeeping operations. Each such report shall

9 describe the assistance provided for each such

10 operation, listed by category of assistance.’’;

11 and

12 (4) by redesignating subsections (d), (e), (f),

13 and (g) as subsections (c), (d), (e), and (f) respec14 tively.

15 (b) CONFORMING AMENDMENTS.—

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

17 262a) is amended by striking the last sentence.

18 (2) Section 409 of the Foreign Relations Au19 thorization Act, Fiscal Years 1994 and 1995 (22

20 U.S.C. 287e note), is amended by striking sub21 section (d).
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1 Subtitle B—American

2 Servicemembers’ Protection Act

3 SEC. 631. SHORT TITLE.

4 This subtitle may be cited as the ‘‘American

5 Servicemembers’ Protection Act of 2001’’.

6 SEC. 632. FINDINGS.

7 Congress makes the following findings:

8 (1) On July 17, 1998, the United Nations Dip9 lomatic Conference of Plenipotentiaries on the Es10 tablishment of an International Criminal Court,

11 meeting in Rome, Italy, adopted the ‘‘Rome Statute

12 of the International Criminal Court.’’ The vote on

13 whether to proceed with the Statute was 120 in

14 favor to 7 against, with 21 countries abstaining. The

15 United States voted against final adoption of the

16 Rome Statute.

17 (2) As of April 30, 2001, 139 countries had

18 signed the Rome Statute and 30 had ratified it. Pur19 suant to Article 126 of the Rome Statute, the Stat20 ute will enter into force on the first day of the

21 month after the 60th day following the date on

22 which the 60th country deposits an instrument rati23 fying the Statute.

24 (3) Since adoption of the Rome Statute, a Pre25 paratory Commission for the International Criminal
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1 Court has met regularly to draft documents to im2 plement the Rome Statute, including Rules of Proce3 dure and Evidence, Elements of Crimes, and a defi4 nition of the Crime of Aggression.

5 (4) During testimony before the Congress fol6 lowing the adoption of the Rome Statute, the lead

7 United States negotiator, Ambassador David

8 Scheffer stated that the United States could not

9 sign the Rome Statute because certain critical nego10 tiating objectives of the United States had not been

11 achieved. As a result, he stated: ‘‘We are left with

12 consequences that do not serve the cause of inter13 national justice.’’.

14 (5) Ambassador Scheffer went on to tell the

15 Congress that: ‘‘Multinational peacekeeping forces

16 operating in a country that has joined the treaty can

17 be exposed to the Court’s jurisdiction even if the

18 country of the individual peacekeeper has not joined

19 the treaty. Thus, the treaty purports to establish an

20 arrangement whereby United States armed forces

21 operating overseas could be conceivably prosecuted

22 by the international court even if the United States

23 has not agreed to be bound by the treaty. Not only

24 is this contrary to the most fundamental principles

25 of treaty law, it could inhibit the ability of the
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1 United States to use its military to meet alliance ob2 ligations and participate in multinational operations,

3 including humanitarian interventions to save civilian

4 lives. Other contributors to peacekeeping operations

5 will be similarly exposed.’’.

6 (6) Notwithstanding these concerns, President

7 Clinton directed that the United States sign the

8 Rome Statute on December 31, 2000. In a state9 ment issued that day, he stated that in view of the

10 unremedied deficiencies of the Rome Statute, ‘‘I will

11 not, and do not recommend that my successor sub12 mit the Treaty to the Senate for advice and consent

13 until our fundamental concerns are satisfied’’.

14 (7) Any American prosecuted by the Inter15 national Criminal Court will, under the Rome Stat16 ute, be denied procedural protections to which all

17 Americans are entitled under the Bill of Rights to

18 the United States Constitution, such as the right to

19 trial by jury.

20 (8) Members of the Armed Forces of the

21 United States deserve the full protection of the

22 United States Constitution wherever they are sta23 tioned or deployed around the world to protect the

24 vital national interests of the United States. The

25 United States Government has an obligation to pro-
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1 tect the members of its Armed Forces, to the max2 imum extent possible, against criminal prosecutions

3 carried out by United Nations officials under proce4 dures that deny them their constitutional rights.

5 (9) In addition to exposing members of the

6 Armed Forces of the United States to the risk of

7 international criminal prosecution, the Rome Statute

8 creates a risk that the President and other senior

9 elected and appointed officials of the United States

10 Government may be prosecuted by the International

11 Criminal Court. Particularly if the Preparatory

12 Commission agrees on a definition of the Crime of

13 Aggression over United States objections, senior

14 United States officials may be at risk of criminal

15 prosecution for national security decisions involving

16 such matters as responding to acts of terrorism, pre17 venting the proliferation of weapons of mass destruc18 tion, and deterring aggression. No less than mem19 bers of the Armed Forces of the United States, sen20 ior officials of the United States Government deserve

21 the full protection of the United States Constitution

22 with respect to official actions taken by them to pro23 tect the national interests of the United States.
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1 SEC. 633. WAIVER AND TERMINATION OF PROHIBITIONS OF

2 THIS ACT.

3 (a) AUTHORITY TO INITIALLY WAIVE SECTIONS 635

4 AND 637.—The President is authorized to waive the prohi5 bitions and requirements of sections 635 and 637 for a

6 single period of 1 year. Such a waiver may be issued only

7 if the President at least 15 days in advance of exercising

8 such authority—

9 (1) notifies the appropriate congressional com10 mittees of the intention to exercise such authority;

11 and

12 (2) determines and reports to the appropriate

13 congressional committees that the International

14 Criminal Court has entered into a binding agree15 ment that—

16 (A) prohibits the International Criminal

17 Court from seeking to exercise jurisdiction over

18 the following persons with respect to actions

19 undertaken by them in an official capacity:

20 (i) covered United States persons;

21 (ii) covered allied persons; and

22 (iii) individuals who were covered

23 United States persons or covered allied

24 persons; and

25 (B) ensures that no person described in

26 subparagraph (A) will be arrested, detained,
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1 prosecuted, or imprisoned by or on behalf of the

2 International Criminal Court.

3 (b) AUTHORITY TO EXTEND WAIVER OF SECTIONS

4 635 AND 637.—The President is authorized to waive the

5 prohibitions and requirements of sections 635 and 637 for

6 successive periods of 1 year each upon the expiration of

7 a previous waiver pursuant to subsection (a) or this sub8 section. Such a waiver may be issued only if the President

9 at least 15 days in advance of exercising such authority—

10 (1) notifies the appropriate congressional com11 mittees of the intention to exercise such authority;

12 and

13 (2) determines and reports to the appropriate

14 congressional committees that the International

15 Criminal Court—

16 (A) remains party to, and has continued to

17 abide by, a binding agreement that—

18 (i) prohibits the International Crimi19 nal Court from seeking to exercise jurisdic20 tion over the following persons with respect

21 to actions undertaken by them in an offi22 cial capacity:

23 (I) covered United States per24 sons;

25 (II) covered allied persons; and
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1 (III) individuals who were cov2 ered United States persons or covered

3 allied persons; and

4 (ii) ensures that no person described

5 in clause (i) will be arrested, detained,

6 prosecuted, or imprisoned by or on behalf

7 of the International Criminal Court; and

8 (B) has taken no steps to arrest, detain,

9 prosecute, or imprison any person described in

10 clause (i) of subparagraph (A).

11 (c) AUTHORITY TO WAIVE SECTIONS 634 AND 636

12 WITH RESPECT TO AN INVESTIGATION OR PROSECUTION

13 OF A NAMED INDIVIDUAL.—The President is authorized

14 to waive the prohibitions and requirements of sections 634

15 and 636 to the degree they would prevent United States

16 cooperation with an investigation or prosecution of a

17 named individual by the International Criminal Court.

18 Such a waiver may be issued only if the President at least

19 15 days in advance of exercising such authority—

20 (1) notifies the appropriate congressional com21 mittees of the intention to exercise such authority;

22 and

23 (2) determines and reports to the appropriate

24 congressional committees that—
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1 (A) a waiver pursuant to subsection (a) or

2 (b) of the prohibitions and requirements of sec3 tions 635 and 637 is in effect;

4 (B) there is reason to believe that the

5 named individual committed the crime or

6 crimes that are the subject of the International

7 Criminal Court’s investigation or prosecution;

8 (C) it is in the national interest of the

9 United States for the International Criminal

10 Court’s investigation or prosecution of the

11 named individual to proceed; and

12 (D) in investigating events related to ac13 tions by the named individual, none of the fol14 lowing persons will be investigated, arrested,

15 detained, prosecuted, or imprisoned by or on

16 behalf of the International Criminal Court with

17 respect to actions undertaken by them in an of18 ficial capacity:

19 (i) Covered United States persons.

20 (ii) Covered allied persons.

21 (iii) Individuals who were covered

22 United States persons or covered allied

23 persons.

24 (d) TERMINATION OF WAIVER PURSUANT TO SUB25 SECTION (c).—Any waiver or waivers exercised pursuant
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1 to subsection (c) of the prohibitions and requirements of

2 sections 634 and 636 shall terminate at any time that a

3 waiver pursuant to subsection (a) or (b) of the prohibitions

4 and requirements of sections 635 and 637 expires and is

5 not extended pursuant to subsection (b).

6 (e) TERMINATION OF PROHIBITIONS OF THIS ACT.—

7 The prohibitions and requirements of sections 634, 635,

8 636, and 637 shall cease to apply, and the authority of

9 section 638 shall terminate, if the United States becomes

10 a party to the International Criminal Court pursuant to

11 a treaty made under article II, section 2, clause 2 of the

12 Constitution of the United States.

13 SEC. 634. PROHIBITION ON COOPERATION WITH THE

14 INTERNATIONAL CRIMINAL COURT.

15 (a) CONSTRUCTION.—The provisions of this

16 section—

17 (1) apply only to cooperation with the Inter18 national Criminal Court and shall not be construed

19 to apply to cooperation with an ad hoc international

20 criminal tribunal established by the United Nations

21 Security Council before or after the date of the en22 actment of this Act to investigate and prosecute war

23 crimes committed in a specific country or during a

24 specific conflict; and

25 (2) shall not be construed to prohibit—
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1 (A) any action permitted under section

2 638;

3 (B) any other action taken by members of

4 the Armed Forces of the United States outside

5 the territory of the United States while engaged

6 in military operations involving the threat or

7 use of force when necessary to protect such per8 sonnel from harm or to ensure the success of

9 such operations; or

10 (C) communication by the United States to

11 the International Criminal Court of its policy

12 with respect to a particular matter.

13 (b) PROHIBITION ON RESPONDING TO REQUESTS

14 FOR COOPERATION.—No agency or entity of the United

15 States Government or of any State or local government,

16 including any court, may cooperate with the International

17 Criminal Court in response to a request for cooperation

18 submitted by the International Criminal Court pursuant

19 to Part 9 of the Rome Statute.

20 (c) PROHIBITION ON SPECIFIC FORMS OF COOPERA21 TION AND ASSISTANCE.—No agency or entity of the

22 United States Government or of any State or local govern23 ment, including any court, may provide financial support

24 or other cooperation, support, or assistance to the Inter25 national Criminal Court, including by undertaking any ac-
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1 tion described in the following articles of the Rome Statute

2 with the purpose or intent of cooperating with, or other3 wise providing support or assistance to, the International

4 Criminal Court:

5 (1) Article 89 (relating to arrest, extradition,

6 and transit of suspects).

7 (2) Article 92 (relating to provisional arrest of

8 suspects).

9 (3) Article 93 (relating to seizure of property,

10 asset forfeiture, execution of searches and seizures,

11 service of warrants and other judicial process, taking

12 of evidence, and similar matters).

13 (d) RESTRICTION ON ASSISTANCE PURSUANT TO

14 MUTUAL LEGAL ASSISTANCE TREATIES.—The United

15 States shall exercise its rights to limit the use of assist16 ance provided under all treaties and executive agreements

17 for mutual legal assistance in criminal matters, multilat18 eral conventions with legal assistance provisions, and ex19 tradition treaties, to which the United States is a party,

20 and in connection with the execution or issuance of any

21 letter rogatory, to prevent the transfer to, or other use

22 by, the International Criminal Court of any assistance

23 provided by the United States under such treaties and let24 ters rogatory.
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1 (e) PROHIBITION ON INVESTIGATIVE ACTIVITIES OF

2 AGENTS.—No agent of the International Criminal Court

3 may conduct, in the United States or any territory subject

4 to the jurisdiction of the United States, any investigative

5 activity relating to a preliminary inquiry, investigation,

6 prosecution, or other proceeding at the International

7 Criminal Court.

8 SEC. 635. RESTRICTION ON UNITED STATES PARTICIPA9 TION IN CERTAIN UNITED NATIONS PEACE10 KEEPING OPERATIONS.

11 (a) POLICY.—Effective beginning on the date on

12 which the Rome Statute enters into force pursuant to Ar13 ticle 126 of the Rome Statute, the President should use

14 the voice and vote of the United States in the United Na15 tions Security Council to ensure that each resolution of

16 the Security Council authorizing any peacekeeping oper17 ation under chapter VI of the charter of the United Na18 tions or peace enforcement operation under chapter VII

19 of the charter of the United Nations permanently exempts,

20 at a minimum, members of the Armed Forces of the

21 United States participating in such operation from crimi22 nal prosecution by the International Criminal Court for

23 actions undertaken by such personnel in connection with

24 the operation.
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1 (b) RESTRICTION.—Members of the Armed Forces of

2 the United States may not participate in any peacekeeping

3 operation under chapter VI of the charter of the United

4 Nations or peace enforcement operation under chapter VII

5 of the charter of the United Nations, the creation of which

6 is authorized by the United Nations Security Council on

7 or after the date that the Rome Statute enters into effect

8 pursuant to Article 126 of the Rome Statute, unless the

9 President has submitted to the appropriate congressional

10 committees a certification described in subsection (c) with

11 respect to such operation.

12 (c) CERTIFICATION.—The certification referred to in

13 subsection (b) is a certification by the President that

14 members of the Armed Forces of the United States are

15 able to participate in the peacekeeping or peace enforce16 ment operation without risk of criminal prosecution by the

17 International Criminal Court because—

18 (1) in authorizing the operation, the United

19 Nations Security Council permanently exempted, at

20 a minimum, members of the Armed Forces of the

21 United States participating in the operation from

22 criminal prosecution by the International Criminal

23 Court for actions undertaken by them in connection

24 with the operation;
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1 (2) each country in which members of the

2 Armed Forces of the United States participating in

3 the operation will be present is either not a party to

4 the International Criminal Court and has not in5 voked the jurisdiction of the International Criminal

6 Court pursuant to Article 12 of the Rome Statute,

7 or has entered into an agreement in accordance with

8 Article 98 of the Rome Statute preventing the Inter9 national Criminal Court from proceeding against

10 members of the Armed Forces of the United States

11 present in that country; or

12 (3) the United States has taken other appro13 priate steps to guarantee that members of the

14 Armed Forces of the United States participating in

15 the operation will not be prosecuted by the Inter16 national Criminal Court for actions undertaken by

17 such personnel in connection with the operation.

18 SEC. 636. PROHIBITION ON DIRECT OR INDIRECT TRANS19 FER OF CERTAIN CLASSIFIED NATIONAL SE20 CURITY INFORMATION TO THE INTER21 NATIONAL CRIMINAL COURT.

22 (a) DIRECT TRANSFER.—Not later than the date on

23 which the Rome Statute enters into force, the President

24 shall ensure that appropriate procedures are in place to
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1 prevent the transfer of classified national security infor2 mation to the International Criminal Court.

3 (b) INDIRECT TRANSFER.—Not later than the date

4 on which the Rome Statute enters into force, the President

5 shall ensure that appropriate procedures are in place to

6 prevent the transfer of classified national security infor7 mation relevant to matters under consideration by the

8 International Criminal Court to the United Nations and

9 to the government of any country that is a party to the

10 International Criminal Court unless the United Nations

11 or that government, as the case may be, has provided writ12 ten assurances that such information will not be made

13 available to the International Criminal Court.

14 (c) CONSTRUCTION.—The provisions of this section

15 shall not be construed to prohibit any action permitted

16 under section 638.

17 SEC. 637. PROHIBITION OF UNITED STATES MILITARY AS18 SISTANCE TO PARTIES TO THE INTER19 NATIONAL CRIMINAL COURT.

20 (a) PROHIBITION OF MILITARY ASSISTANCE.—Sub21 ject to subsections (b) and (c), no United States military

22 assistance may be provided to the government of a country

23 that is a party to the International Criminal Court.
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1 (b) WAIVER.—The President may waive the prohibi2 tion of subsection (a) with respect to a particular

3 country—

4 (1) for one or more periods not exceeding 1

5 year each, if the President determines and reports to

6 the appropriate congressional committees that it is

7 vital to the national interest of the United States to

8 waive such prohibition; and

9 (2) permanently, if the President determines

10 and reports to the appropriate congressional com11 mittees that such country has entered into an agree12 ment with the United States pursuant to Article 98

13 of the Rome Statute preventing the International

14 Criminal Court from proceeding against United

15 States personnel present in such country.

16 (c) EXEMPTION.—The prohibition of subsection (a)

17 shall not apply to the government of—

18 (1) a NATO member country;

19 (2) a major non-NATO ally (including, inter

20 alia, Australia, Egypt, Israel, Japan, the Republic of

21 Korea, and New Zealand); or

22 (3) Taiwan.
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1 SEC. 638. AUTHORITY TO FREE MEMBERS OF THE ARMED

2 FORCES OF THE UNITED STATES AND CER3 TAIN OTHER PERSONS HELD CAPTIVE BY OR

4 ON BEHALF OF THE INTERNATIONAL CRIMI5 NAL COURT.

6 (a) AUTHORITY.—The President is authorized to use

7 all means necessary and appropriate to bring about the

8 release from captivity of any person described in sub9 section (b) who is being detained or imprisoned against

10 that person’s will by or on behalf of the International

11 Criminal Court.

12 (b) PERSONS AUTHORIZED TO BE FREED.—The au13 thority of subsection (a) shall extend to the following per14 sons:

15 (1) Covered United States persons.

16 (2) Covered allied persons.

17 (3) Individuals detained or imprisoned for offi18 cial actions taken while the individual was a covered

19 United States person or a covered allied person, and

20 in the case of a covered allied person, upon the re21 quest of such government.

22 (c) AUTHORIZATION OF LEGAL ASSISTANCE.—When

23 any person described in subsection (b) is arrested, de24 tained, prosecuted, or imprisoned by or on behalf of the

25 International Criminal Court, the authority under sub26 section (a) may be used—
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1 (1) for the provision of legal representation and

2 other legal assistance to that person (including, in

3 the case of a person entitled to assistance under sec4 tion 1037 of title 10, United States Code, represen5 tation and other assistance in the manner provided

6 in that section); and

7 (2) for the provision of exculpatory evidence on

8 behalf of that person.

9 (d) BRIBES AND OTHER INDUCEMENTS NOT AU10 THORIZED.—Subsection (a) does not authorize the pay11 ment of bribes or the provision of other incentives to in12 duce the release from captivity of a person described in

13 subsection (b).

14 SEC. 639. ALLIANCE COMMAND ARRANGEMENTS.

15 (a) REPORT ON ALLIANCE COMMAND ARRANGE16 MENTS.—Not later than 6 months after the date of the

17 enactment of this Act, the President shall transmit to the

18 appropriate congressional committees a report with re19 spect to each military alliance to which the United States

20 is party—

21 (1) describing the degree to which members of

22 the Armed Forces of the United States may, in the

23 context of military operations undertaken by or pur24 suant to that alliance, be placed under the command

25 or operational control of foreign military officers
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1 subject to the jurisdiction of the International Crimi2 nal Court because they are nationals of a party to

3 the International Criminal Court; and

4 (2) evaluating the degree to which members of

5 the Armed Forces of the United States engaged in

6 military operations undertaken by or pursuant to

7 that alliance may be exposed to greater risks as a

8 result of being placed under the command or oper9 ational control of foreign military officers subject to

10 the jurisdiction of the International Criminal Court.

11 (b) DESCRIPTION OF MEASURES TO ACHIEVE EN12 HANCED PROTECTION FOR MEMBERS OF THE ARMED

13 FORCES OF THE UNITED STATES.—Not later than 1 year

14 after the date of the enactment of this Act, the President

15 shall transmit to the appropriate congressional committees

16 a description of modifications to command and operational

17 control arrangements within military alliances to which

18 the United States is a party that could be made in order

19 to reduce any risks to members of the Armed Forces of

20 the United States identified pursuant to subsection (a)(2).

21 (c) SUBMISSION IN CLASSIFIED FORM.—The report

22 under subsection (a), and the description of measures

23 under subsection (b), or appropriate parts thereof, may

24 be submitted in classified form.
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1 SEC. 640. WITHHOLDINGS.

2 Funds withheld from the United States share of as3 sessments to the United Nations or any other inter4 national organization during any fiscal year pursuant to

5 section 705 of the Admiral James W. Nance and Meg

6 Donovan Foreign Relations Authorization Act, Fiscal

7 Years 2000 and 2001 (as enacted by section 1000(a)(7)

8 of Public Law 106–113; 113 Stat. 1501A–460), are au9 thorized to be transferred to the Embassy Security, Con10 struction and Maintenance Account of the Department of

11 State.

12 SEC. 641. NONDELEGATION.

13 The authorities vested in the President by sections

14 633, 635(c), and 637(b) may not be delegated by the

15 President pursuant to section 301 of title 3, United States

16 Code, or any other provision of law.

17 SEC. 642. DEFINITIONS.

18 As used in this Act and in sections 705 and 706 of

19 the Admiral James W. Nance and Meg Donovan Foreign

20 Relations Authorization Act, Fiscal Years 2000 and 2001:

21 (1) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘‘appropriate congressional com23 mittees’’ means the Committee on International Re24 lations of the House of Representatives and the

25 Committee on Foreign Relations of the Senate.
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1 (2) CLASSIFIED NATIONAL SECURITY INFORMA2 TION.—The term ‘‘classified national security infor3 mation’’ means information that is classified or clas4 sifiable under Executive Order No. 12958 or a suc5 cessor Executive order.

6 (3) COVERED ALLIED PERSONS.—The term

7 ‘‘covered allied persons’’ means military personnel,

8 elected or appointed officials, and other persons em9 ployed by or working on behalf of the government of

10 a NATO member country, a major non-NATO ally

11 (including, inter alia, Australia, Egypt, Israel,

12 Japan, the Republic of Korea, and New Zealand), or

13 Taiwan, for so long as that government is not a

14 party to the International Criminal Court and wish15 es its officials and other persons working on its be16 half to be exempted from the jurisdiction of the

17 International Criminal Court.

18 (4) COVERED UNITED STATES PERSONS.—The

19 term ‘‘covered United States persons’’ means mem20 bers of the Armed Forces of the United States,

21 elected or appointed officials of the United States

22 Government, and other persons employed by or

23 working on behalf of the United States Government,

24 for so long as the United States is not a party to

25 the International Criminal Court.
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1 (5) EXTRADITION.—The terms ‘‘extradition’’

2 and ‘‘extradite’’ include both ‘‘extradition’’ and ‘‘sur3 render’’ as those terms are defined in article 102 of

4 the Rome Statute.

5 (6) INTERNATIONAL CRIMINAL COURT.—The

6 term ‘‘International Criminal Court’’ means the

7 court established by the Rome Statute.

8 (7) MAJOR NON-NATO ALLY.—The term ‘‘major

9 non-NATO ally’’ means a country that has been so

10 designated in accordance with section 517 of the

11 Foreign Assistance Act of 1961.

12 (8) PARTY TO THE INTERNATIONAL CRIMINAL

13 COURT.—The term ‘‘party to the International

14 Criminal Court’’ means a government that has de15 posited an instrument of ratification, acceptance, ap16 proval, or accession to the Rome Statute, and has

17 not withdrawn from the Rome Statute pursuant to

18 Article 127 thereof.

19 (9) PEACEKEEPING OPERATION UNDER CHAP20 TER VI OF THE CHARTER OF THE UNITED NATIONS

21 OR PEACE ENFORCEMENT OPERATION UNDER CHAP22 TER VII OF THE CHARTER OF THE UNITED NA23 TIONS.—The term ‘‘peacekeeping operation under

24 chapter VI of the charter of the United Nations or

25 peace enforcement operation under chapter VII of
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1 the charter of the United Nations’’ means any mili2 tary operation to maintain or restore international

3 peace and security that—

4 (A) is authorized by the United Nations

5 Security Council under chapter VI or VII of the

6 charter of the United Nations; and

7 (B) is paid for from assessed contributions

8 of United Nations members that are made

9 available for peacekeeping or peace enforcement

10 activities.

11 (10) ROME STATUTE.—The term ‘‘Rome Stat12 ute’’ means the Rome Statute of the International

13 Criminal Court, adopted by the United Nations Dip14 lomatic Conference of Plenipotentiaries on the Es15 tablishment of an International Criminal Court on

16 July 17, 1998.

17 (11) SUPPORT.—The term ‘‘support’’ means as18 sistance of any kind, including financial support,

19 material support, services, intelligence sharing, law

20 enforcement cooperation, the training or detail of

21 personnel, and the arrest or detention of individuals.

22 (12) UNITED STATES MILITARY ASSISTANCE.—

23 The term ‘‘United States military assistance’’

24 means—
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1 (A) assistance provided under chapters 2

2 through 6 of part II of the Foreign Assistance

3 Act of 1961 (22 U.S.C. 2311 et seq.);

4 (B) defense articles or defense services fur5 nished with the financial assistance of the

6 United States Government, including through

7 loans and guarantees; or

8 (C) military training or education activities

9 provided by any agency or entity of the United

10 States Government.

11 Such term does not include activities reportable

12 under title V of the National Security Act of 1947

13 (50 U.S.C. 413 et seq.).

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 three members of the Commission appointed by

8 the President under subsection (b)(1)(B)(i), two

9 shall be appointed to a 1-year term and one shall be

10 appointed to a 2-year term. Of the three members

11 of the Commission appointed by the President pro

12 tempore of the Senate under subsection

13 (b)(1)(B)(ii), one of the appointments made upon

14 the recommendation of the leader in the Senate of

15 the political party that is not the political party of

16 the President shall be appointed to a 1-year term,

17 and the other two appointments under such clause

18 shall be 2-year terms. Of the three members of the

19 Commission appointed by the Speaker of the House

20 of Representatives under subsection (b)(1)(B)(iii),

21 one of the appointments made upon the rec22 ommendation of the leader in the House of the polit23 ical party that is not the political party of the Presi24 dent shall be to a 1-year term, and the other two ap25 pointments under such clause shall be 2-year terms.
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1 The term of each member of the Commission ap2 pointed to a 1-year term shall be considered to have

3 begun on May 15, 2003, and shall end on May 14,

4 2004, regardless of the date of the appointment to

5 the Commission. Each vacancy which occurs upon

6 the expiration of the term of a member appointed to

7 a 1-year term shall be filled by the appointment of

8 a successor to a 2-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 SEC. 706. PARTICIPATION BY SMALL BUSINESSES IN PRO18 CUREMENT CONTRACTS OF USAID.

19 (a) STUDY.—The Administrator of the United States

20 Agency for International Development shall conduct a

21 study to determine what industries are under-represented

22 by small businesses in the procurement contracts of the

23 Agency.

24 (b) INITIAL REPORT.—Not later than 120 days after

25 the date of the enactment of this Act, the Administrator
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1 shall submit to the designated congressional committees

2 a report that contains the following:

3 (1) The results of the study conducted pursuant

4 to subsection (a).

5 (2)(A) A specific plan of outreach to include

6 measurable achievement milestones, to increase both

7 the total numbers of contracts and the percentage of

8 total contract dollars to small business, small dis9 advantaged business, women-owned businesses (as

10 such terms are defined in the Small Business Act),

11 and small businesses participating in the program

12 under section 8(a) of such Act.

13 (B) The plan shall include proposals for all con14 tracts (Washington, D.C.-based, field-based, and

15 host country contracts) issued by the Agency or on

16 behalf of the Agency.

17 (C) The plan shall include proposals and mile18 stones of the Agency to increase the amount of sub19 contracting to businesses described in subparagraph

20 (A) by the prime contractors of the Agency.

21 (D) The milestones described in subparagraph

22 (C) shall include a description of how the Agency

23 will use failure to meet goals by prime contractors

24 as a ranking factor in evaluating any other submis-
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1 sions from this vendor for future contracts by the

2 Agency.

3 (c) SEMIANNUAL REPORT.—The Administrator shall

4 submit to the designated congressional committees on a

5 semiannual basis a report that contains a description of

6 the percentage of total contract dollars awarded and the

7 total numbers of contracts awarded to businesses de8 scribed in subsection (b)(2)(A), including a description of

9 achievements toward measurable milestones for both di10 rect contracts of the Agency, host country contracts, and

11 for subcontracting by prime contractors of the Agency.

12 (d) DEFINITION.—In this section, the term ‘‘des13 ignated congressional committees’’ means—

14 (1) the Committee on International Relations

15 and the Committee on Small Business of the House

16 of Representatives; and

17 (2) the Committee on Foreign Relations and

18 the Committee on Small Business of the Senate.

19 SEC. 707. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON

20 CHILD SOLDIERS.

21 (a) COUNTRIES RECEIVING ECONOMIC ASSIST22 ANCE.—Section 116(d) of the Foreign Assistance Act of

23 1961 (22 U.S.C. 2151n(f)), is amended—

24 (1) in paragraph (7), by striking ‘‘and’’ at the

25 end and inserting a semicolon;
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1 (2) in paragraph (8), by striking the period at

2 the end and inserting ‘‘; and’’; and

3 (3) by adding at the end the following:

4 ‘‘(9)(A) wherever applicable, a description of

5 the nature and extent of—

6 ‘‘(i) the recruitment and conscription of in7 dividuals under the age of 18 by armed forces

8 of the government of the country, government9 supported paramilitaries, or other armed

10 groups, and the participation of such individ11 uals in such groups; and

12 ‘‘(ii) the participation of such individuals

13 in conflict;

14 ‘‘(B) what steps, if any, taken by the govern15 ment of the country to eliminate such practices; and

16 ‘‘(C) such other information related to the use

17 by the country of individuals under the age of 18 as

18 soldiers, as determined to be appropriate by the Sec19 retary of State.’’.

20 (b) COUNTRIES RECEIVING SECURITY ASSIST21 ANCE.—Section 502B(b) of the Foreign Assistance Act of

22 1961 (22 U.S.C. 2304(b)), is amended by inserting after

23 the sixth sentence the following: ‘‘Each report under this

24 section shall also include (i) wherever applicable, a de25 scription of the nature and extent of the recruitment and
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1 conscription of individuals under the age of 18 by armed

2 forces of the government of the country, government-sup3 ported paramilitaries, or other armed groups, the partici4 pation of such individuals in such groups, and the partici5 pation of such individuals in conflict, (ii) what steps, if

6 any, taken by the government of the country to eliminate

7 such practices, and (iii) such other information related to

8 the use by the country of individuals under the age of 18

9 as soldiers, as determined to be appropriate by the Sec10 retary of State.’’.

11 SEC. 708. AMENDMENTS TO THE VICTIMS OF TRAFFICKING

12 AND VIOLENCE PROTECTION ACT OF 2000.

13 (a) ASSISTANCE FOR VICTIMS IN OTHER COUN14 TRIES.—Section 107(a)(1) of the Victims of Trafficking

15 and Violence Protection Act of 2000 is amended by adding

16 at the end the following: ‘‘In addition, such programs and

17 initiatives shall, to the maximum extent practicable, in18 clude the following:

19 ‘‘(A) Support for local in-country non20 governmental organization-operated hotlines,

21 culturally and linguistically appropriate protec22 tive shelters, and regional and international

23 nongovernmental organization networks and

24 databases on trafficking, including support to

25 assist nongovernmental organizations in estab-
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1 lishing service centers and systems that are mo2 bile and extend beyond large cities.

3 ‘‘(B) Support for nongovernmental organi4 zations and advocates to provide legal, social,

5 and other services and assistance to trafficked

6 individuals, particularly those individuals in de7 tention.

8 ‘‘(C) Education and training for trafficked

9 women and girls upon their return home.

10 ‘‘(D) The safe reintegration of trafficked

11 individuals into an appropriate community or

12 family, with full respect for the wishes, dignity,

13 and safety of the trafficked individual.

14 ‘‘(E) Support for increasing or developing

15 programs to assist families of victims in locat16 ing, repatriating, and treating their trafficked

17 family members.’’.

18 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

19 113 of the Victims of Trafficking and Violence Protection

20 Act of 2000 is amended—

21 (1) in subsection (a), by striking ‘‘for fiscal

22 year 2002’’ and inserting ‘‘for each of the fiscal

23 years 2002 and 2003’’;

24 (2) in subsection (c)—
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1 (A) in paragraph (1), by striking ‘‘and

2 $10,000,000 for fiscal year 2002’’ and inserting

3 ‘‘, $10,000,000 for fiscal year 2002, and

4 $15,000,000 for fiscal year 2003’’; and

5 (B) in paragraph (2), by striking ‘‘for fis6 cal year 2001’’ and inserting ‘‘for each of the

7 fiscal years 2001, 2002, and 2003’’; and

8 (3) in paragraphs (1) and (2) of subsection (e),

9 by striking ‘‘and $10,000,000 for fiscal year 2002’’

10 each place it appears and inserting ‘‘, $10,000,000

11 for fiscal year 2002, and $15,000,000 for fiscal year

12 2003’’.

13 SEC. 709. REPORT ON EXTRADITION EFFORTS BETWEEN

14 THE UNITED STATES AND FOREIGN GOVERN15 MENTS.

16 (a) REPORT.—

17 (1) IN GENERAL.—Not later than 180 days

18 after the date of the enactment of this Act, the Sec19 retary of State, in conjunction with the Attorney

20 General, shall prepare and submit to the Congress

21 a report on efforts between the United States and

22 the governments of foreign countries to extradite to

23 the United States individuals described in paragraph

24 (2).
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1 (2) INDIVIDUALS DESCRIBED.—An individual

2 described in this paragraph is an individual who is

3 being held in custody by the government of a foreign

4 country (or who is otherwise known to be in the for5 eign country), and with respect to which a com6 petent authority of the United States—

7 (A) has charged with a major extraditable

8 offense described in paragraph (3);

9 (B) has found guilty of committing a

10 major extraditable offense described in para11 graph (3); or

12 (C) is seeking extradition in order to com13 plete a judicially pronounced penalty of depriva14 tion of liberty for a major extraditable offense

15 described in paragraph (3).

16 (3) MAJOR EXTRADITABLE OFFENSES DE17 SCRIBED.—A major extraditable offense described in

18 this paragraph is an offense of murder, attempted

19 murder, manslaughter, aggravated assault, kidnap20 ping, abduction, or other false imprisonment, drug

21 trafficking, terrorism, or rape.

22 (b) ADDITIONAL INFORMATION.—The report re23 quired under subsection (a) shall also include the fol24 lowing:
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1 (1) The aggregate number of individuals de2 scribed in subsection (a)(2) who are being held in

3 custody by all governments of foreign countries (or

4 are otherwise known to be in the foreign countries),

5 including the name of each such foreign country and

6 the number of such individuals held in custody by

7 the government of each such foreign country.

8 (2) The aggregate number of requests by com9 petent authorities of the United States to extradite

10 to the United States such individuals that have been

11 denied by each foreign government, the reasons why

12 such individuals have not been so extradited, and the

13 specific actions the United States has taken to ob14 tain extradition.

15 (c) ADDITIONAL REQUIREMENT.—In preparing the

16 report under subsection (a), the Secretary of State, in con17 junction with the Attorney General—

18 (1) shall establish procedures under which a

19 competent authority of a State, which is requesting

20 extradition of 1 or more individuals from a foreign

21 country as described in subsection (a)(2) and with

22 respect to which the foreign country has failed to

23 comply with such request, may submit to the Attor24 ney General appropriate information with respect to

25 such extradition request; and
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1 (2) shall include information received under

2 paragraph (1) in the report under subsection (a).

3 SEC. 710. PAYMENT OF ANTI-TERRORISM JUDGMENTS.

4 Section 2002(a)(2)(A)(ii) of the Victims of Traf5 ficking and Violence Protection Act of 2000 (Public Law

6 106–386; 114 Stat. 1542)), is amended by inserting

7 ‘‘June 6, 2000,’’ after ‘‘March 15, 2000,’’.’’.

8 Subtitle B—Sense of Congress

9 Provisions

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

11 UNITED NATIONS PEACEKEEPING OPER12 ATIONS.

13 It is the sense of the Congress that the President

14 should direct the Secretary of State and the United States

15 Representative to the United Nations to urge the United

16 Nations to adopt an HIV/AIDS mitigation strategy as a

17 component of United Nations peacekeeping operations.

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

19 TASK FORCE.

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

21 State should establish an international HIV/AIDS inter22 vention, mitigation, and coordination task force to coordi23 nate activities on international HIV/AIDS programs ad24 ministered by agencies of the Federal Government and to
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1 work with international public and private entities working

2 to combat the HIV/AIDS pandemic.

3 SEC. 733. SENSE OF CONGRESS CONDEMNING THE DE4 STRUCTION OF PRE-ISLAMIC STATUES IN AF5 GHANISTAN BY THE TALIBAN REGIME.

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

7 findings:

8 (1) Many of the oldest and most significant

9 Buddhist statues in the world are in Afghanistan,

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

11 carved, was one of the most cosmopolitan regions in

12 the world and hosted merchants, travelers, and art13 ists from China, India, central Asia, and the Roman

14 Empire.

15 (2) Such statues are part of the common herit16 age of mankind, which must be preserved for future

17 generations.

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

19 Taliban regime, Mullah Mohammad Omar, ordered

20 the destruction of all pre-Islamic statues in Afghani21 stan, among them a pair of 1,600-year-old, 100-foot22 tall statues of Buddha that are carved out of a

23 mountainside.

24 (4) The religion of Islam and Buddhist statues

25 have coexisted in Afghanistan as part of the unique
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1 historical and cultural heritage of that nation for

2 more than 1,100 years.

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

4 contradicts the basic tenet of the Islamic religion

5 that other religions should be tolerated.

6 (6) People of all faiths and nationalities have

7 condemned the destruction of the statues in Afghan8 istan, including Muslim communities around the

9 world.

10 (7) The destruction of the statues violates the

11 United Nations Convention Concerning the Protec12 tion of the World Cultural and Natural Heritage,

13 which was ratified by Afghanistan on March 20,

14 1979.

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

16 (1) joins with people and governments around

17 the world in condemning the destruction of pre-Is18 lamic statues in Afghanistan by the Taliban regime;

19 (2) urges the Taliban regime to stop destroying

20 such statues; and

21 (3) calls upon the Taliban regime to grant

22 international organizations immediate access to Af23 ghanistan to survey the damage and facilitate inter24 national efforts to preserve and safeguard the re25 maining statues.
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1 SEC. 734. SENSE OF CONGRESS RELATING TO RESOLUTION

2 OF THE TAIWAN STRAIT ISSUE.

3 It is the sense of the Congress that Taiwan is a ma4 ture democracy that fully respects human rights and it

5 is the policy of the United States that any resolution of

6 the Taiwan Strait issue must be peaceful and include the

7 assent of the people of Taiwan.

8 SEC. 735. SENSE OF CONGRESS RELATING TO ARSENIC

9 CONTAMINATION IN DRINKING WATER IN

10 BANGLADESH.

11 (a) FINDINGS.—In the early 1970s, the United Na12 tions Children’s Fund (UNICEF) and the Bangladeshi

13 Department of Public Health Engineering, in an attempt

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

15 installed tube wells to access shallow aquifers. This was

16 done to provide an alternative to contaminated surface

17 water sources. However, at the time the wells were in18 stalled, arsenic was not recognized as a problem in water

19 supplies and standard water testing procedures did not in20 clude arsenic tests. Naturally occurring inorganic arsenic

21 contamination of water in those tube-wells was confirmed

22 in 1993 in the Nawabganj district in Bangladesh. The

23 health effects of ingesting arsenic-contaminated drinking

24 water appear slowly. This makes preventative measures,

25 including drawing arsenic out of the existing tube well and

26 finding alternate sources of water, critical to preventing
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1 future contamination in large numbers of the Bangladeshi

2 population. Health effects of exposure to arsenic in both

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

4 mortality from internal cancers.

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

6 should work with appropriate United States Government

7 agencies, national laboratories, universities in the United

8 States, the Government of Bangladesh, international fi9 nancial institutions and organizations, and international

10 donors to identify a long term solution to the arsenic-con11 taminated drinking water problem.

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

13 should report to the Congress on proposals to bring about

14 arsenic-free drinking water to Bangladeshis and to facili15 tate treatment for those who have already been affected

16 by arsenic-contaminated drinking water in Bangladesh.

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

18 THE AMERICAN FLAG AT THE AMERICAN IN19 STITUTE IN TAIWAN.

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

21 the American Institute in Taiwan and the residence of the

22 director of the American Institute in Taiwan should pub23 licly display the flag of the United States in the same man24 ner as United States embassies, consulates, and official

25 residences throughout the world.
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1 SEC. 737. SENSE OF CONGRESS REGARDING HUMAN

2 RIGHTS VIOLATIONS IN WEST PAPUA AND

3 ACEH, INCLUDING THE MURDER OF JAFAR

4 SIDDIQ HAMZAH, AND ESCALATING VIO5 LENCE IN MALUKU AND CENTRAL

6 KALIMANTAN.

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

8 findings:

9 (1) Human rights violations by elements of the

10 Indonesian Government continue to worsen in West

11 Papua (Irian Jaya) and Aceh, while other areas in12 cluding the Moluccas (Maluku) and Central

13 Kalimantan have experienced outbreaks of violence

14 by militia forces and other organized groups.

15 (2) Seven West Papuans were shot dead by In16 donesian security forces following a flag-raising cere17 mony in the town of Merauke on December 2, 2000,

18 and in a separate incident four others were report19 edly killed by Indonesian security forces after a West

20 Papuan flag was raised in Tiom on December 18,

21 2000.

22 (3) Indonesian police have attacked peaceful

23 West Papuan civilians, including students in their

24 dormitories at Cenderawasih University on Decem25 ber 6, 2000. This attack resulted in the beating and

26 arrests of some 100 students as well as the deaths
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1 of three students, including one in police custody in

2 the capital city of Jayapura.

3 (4) To escape Indonesian security forces, hun4 dreds of peaceful West Papuans have sought safety

5 in refugee camps across the border in the neigh6 boring state of Papua New Guinea (PNG).

7 (5) The Indonesian armed forces have an8 nounced that they are initiating ‘‘limited military op9 erations’’ in Aceh, where the Exxon-Mobil gas com10 pany has suspended operations due to security con11 cerns.

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

13 Acehnese human rights lawyer Jafar Siddiq

14 Hamzah, who had been missing for a month, was

15 identified along with four other badly decomposed

16 bodies, whose faces were bashed in and whose hands

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

18 area outside of Medan, in North Sumatra.

19 (7) Hamzah, a permanent resident of the

20 United States who resided in Queens, New York,

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

22 after which he failed to keep an appointment and his

23 family lost all contact with him.

24 (8) As the founder and director of the Inter25 national Forum on Aceh, which works for peace and
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1 human rights in Aceh, Hamzah was an important

2 voice of moderation and an internationally known

3 representative of his people who made irreplaceable

4 contributions to peace and respect for human rights

5 in his homeland.

6 (9) The Indonesian government has failed to re7 lease the results of Jafar Siddiq Hamzah’s autopsy

8 report, and the inaccessibility of the report has de9 layed the investigation which could lead to bringing

10 the murderers to justice.

11 (10) There is supporting documentation from

12 the United States Department of State and other re13 liable sources that Indonesian military and police

14 forces have committed widespread acts of torture,

15 rape, disappearance and extra-judicial executions

16 against West Papuan and Acehnese civilians.

17 (11) In Maluku, where Muslim and Christian

18 peoples lived in peace and respected with each other

19 for decades, thousands have been killed and tens of

20 thousands displaced during outbreaks of violence

21 over the past 3 years.

22 (12) Militia forces known as the Laskar Jihad

23 have arrived from Java and other islands outside

24 Maluku to inflame hatred and perpetrate violence

25 against Christians, and to create religious intoler-
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1 ance among the people of Maluku, and the Laskar

2 Jihad has been openly encouraged by some Indo3 nesian leaders including Amien Rais, Chair of the

4 People’s Consultative Assembly.

5 (13) Muslim and Christian leaders alike have

6 called for the arrest of militia leaders in Maluku and

7 asking for international assistance in ending this

8 devastating conflict.

9 (14) The most recent instance of widespread vi10 olence in Indonesia has broken out on the island of

11 Kalimantan (Borneo), in the province of Central

12 Kalimantan, where indigenous Dayaks brutally at13 tacked migrant Madurese, killing hundreds and

14 causing thousands of others to flee.

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

16 were resettled in Kalimantan under the auspices of

17 the Soeharto government’s transmigration program,

18 which served to strengthen the political control of

19 the regime, have become scapegoats for official gov20 ernment policy, while the Dayaks have suffered from

21 this policy and from official exploitation of the nat22 ural resources of their homeland.

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

24 (1) expresses its deep concern over ongoing

25 human rights violations committed by Indonesian
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1 military and police forces against civilians in West

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

3 and others in Maluku, Central Kalimantan, and else4 where in Indonesia;

5 (2) calls upon the United States Department of

6 State to publicly protest the reemergence of political

7 imprisonment in Indonesia and to take necessary

8 steps to release, immediately and unconditionally, all

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

10 Yudas Meage, Yafet Yelemaken, Murjono Murib and

11 Amelia Yigibalom of West Papua, and Muhammad

12 Nazar of Aceh, all adopted by Amnesty International

13 as Prisoners of Conscience, and student demonstra14 tors Matius Rumbrapuk, Laon Wenda, Jenderal

15 Achmad Yani, Joseph Wenda and Hans Gobay of

16 West Papua;

17 (3) calls upon the Department of State to sup18 port and encourage the Government of Indonesia to

19 engage in peaceful dialogue with respected West

20 Papuan community leaders and other members of

21 West Papuan civil society, as prescribed by the 1999

22 Terms of Reference for the National Dialogue on

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

24 to create an environment conducive to the peaceful

25 repatriation of West Papuan refugees and ‘‘illegal
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1 border crossers’’ who now reside in Papua New

2 Guinea;

3 (4) calls upon the United States Government to

4 press the Government of Indonesia to permit access

5 to West Papua and Aceh, including the project areas

6 of the United States-owned Freeport mine and

7 Exxon-Mobil facilities, by independent human rights

8 and environmental monitors, including the United

9 Nations special rapporteurs on torture and extra-ju10 dicial execution, as well as by humanitarian non11 governmental organizations;

12 (5) calls upon the United States Government to

13 press for the withdrawal of nonorganic troops from

14 West Papua and Aceh, and an overall reduction of

15 force numbers in those areas, particularly along the

16 PNG border;

17 (6) calls upon the Government of Indonesia to

18 release the autopsy report of Jafar Siddiq Hamzah

19 immediately, to conduct a thorough, open, and

20 transparent investigation of the murder of Hamzah

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

22 offer full access and support to independent inves23 tigators and forensics experts brought in to examine

24 these cases, and to ensure that the perpetrators of
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1 these atrocities are brought to justice through open

2 and fair trials;

3 (7) condemns the recent atrocities in Central

4 Kalimantan the failure of Indonesian police and

5 other security forces to intervene to stop these atroc6 ities, as well as the underlying social and economic

7 conditions caused by systematic transmigration pro8 grams, imported labor, and inequitable and destruc9 tive exploitation of local natural resources that have

10 worsened the poverty and discrimination which were

11 contributing factors in their commission;

12 (8) condemns comparable Indonesian Govern13 ment policies in Maluku and the failure of Indo14 nesian police and other security forces in and around

15 Ambon to halt sectarian violence, including the oper16 ations of the Laskar Jihad militia;

17 (9) calls upon the Government of Indonesia to

18 take decisive action to halt sectarian violence in

19 Maluku and to arrest those guilty of violence, includ20 ing Laskar Jihad militia leaders and armed forces

21 officers guilty of complicity in their operations

22 against civilians, and to make significant progress

23 towards rehabilitation and reestablishment of local

24 communities displaced by the violence and rebuild

25 the physical infrastructure of the communities;
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1 (10) calls upon the Department of State to sup2 port United Nations and other international delega3 tions and monitoring efforts by international and

4 nongovernmental agencies in West Papua, Aceh,

5 Maluku, Central Kalimantan, West Timor, and other

6 areas of Indonesia in order to deter further human

7 rights violations, and to encourage and support

8 international and nongovernmental agencies in ef9 forts to help the people of Indonesia rebuild and re10 habilitate communities torn by violence, particularly

11 by assisting in the return of internally displaced peo12 ples and in efforts at reconciliation within and

13 among communities;

14 (11) calls upon the Department of State to en15 sure that all appropriate information regarding cur16 rent conditions in the West Papua, Aceh, Maluku,

17 Kalimantan, and elsewhere in Indonesia is included

18 in the Annual Country Reports on Human Rights

19 Practices and the Annual Report on International

20 Religious Freedom;

21 (12) calls upon the Government of Indonesia to

22 devote official attention, in an atmosphere of open23 ness and transparency and oversight, to investiga24 tions into the numerous cases of disappearances,

25 extrajudicial killings, and other serious human rights
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1 violations in West Papua, Aceh, Maluku, Central

2 Kalimantan, elsewhere in Indonesia, and occupied

3 East Timor; and

4 (13) calls upon the United States Government

5 to continue to insist upon vigorous investigation into

6 all such violations, and upon trials according to

7 international standards for military and police offi8 cers, militia leaders, and others accused of such vio9 lations.

10 SEC. 738. SENSE OF CONGRESS SUPPORTING PROPERLY

11 CONDUCTED ELECTIONS IN KOSOVA DURING

12 2001.

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

14 findings:

15 (1) Former Yugoslav President Slobodan

16 Milosevic perpetrated a brutal campaign of ethnic

17 cleansing against the ethnic Albanian population of

18 Kosova, resulting in thousands of deaths and rapes

19 and the displacement of nearly 1 million people.

20 (2) Prior to the disintegration of the former

21 Yugoslavia, Kosova was a separate political and legal

22 entity with a separate and distinct financial sector,

23 police force, government, education system, judici24 ary, and health care system.
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1 (3) During that time, the people of Kosova suc2 cessfully administered the province.

3 (4) During the Milosevic era, Kosovar citizens

4 demonstrated again their ability to govern them5 selves by creating parallel governmental and social

6 institutions.

7 (5) Local elections held in Kosova in 2000 were

8 considered free and fair by international observers.

9 (6) United Nations Security Council Resolution

10 1244 authorizes the United Nations Mission in

11 Kosova to provide for transitional administration

12 while establishing and overseeing the development of

13 democratic and self-governing institutions, including

14 the holding of elections, to ensure conditions for a

15 peaceful and normal life for all inhabitants of

16 Kosova.

17 (7) The United Nations Mission in Kosova and

18 the Organization for Security and Cooperation in

19 Europe should ensure that the conditions for prop20 erly conducted elections in Kosova are in place prior

21 to the election.

22 (b) SENSE OF CONGRESS.—It is the sense of the

23 Congress that—
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1 (1) the United Nations Mission in Kosova

2 should hold properly conducted elections throughout

3 Kosova during the year 2001;

4 (2) the only way to maintain a true and lasting

5 peace in the region is through the creation of demo6 cratic Kosovar institutions with real governing au7 thority and responsibility, and Kosova-wide jurisdic8 tion;

9 (3) all persons, regardless of ethnicity, are en10 couraged to participate in elections throughout

11 Kosova; and

12 (4) the United States should work with the

13 United Nations Mission in Kosova and the Organi14 zation for Security and Cooperation in Europe to en15 sure that the transition to Kosovar self-government

16 under the terms and conditions of United Nations

17 Security Council Resolution 1244 proceeds peace18 fully, successfully, expeditiously, and in a spirit of

19 ethnic inclusiveness.

20 SEC. 739. SENSE OF CONGRESS RELATING TO POLICY RE21 VIEW OF RELATIONS WITH THE PEOPLE’S RE22 PUBLIC OF CHINA.

23 It is the sense of Congress that—

24 (1) the President of the United States and his

25 advisors should be commended for their success and
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1 the diplomatic skill with which they negotiated the

2 safe return of the 24 American crew members of the

3 United States Navy reconnaissance aircraft that

4 made an emergency landing on the Chinese island of

5 Hainan on April 1, 2001; and

6 (2) the United States Government should con7 duct a policy review of the nature of its relations

8 with the Government of the People’s Republic of

9 China in light of recent events.

10 SEC. 740. SENSE OF CONGRESS RELATING TO BROAD11 CASTING IN THE MACEDONIAN LANGUAGE BY

12 RADIO FREE EUROPE.

13 It is the sense of the Congress that the Broadcasting

14 Board of Governors should initiate surrogate broadcasting

15 by Radio Free Europe in the Macedonian language to

16 Macedonian-speaking areas of the Former Yugoslav Re17 public of Macedonia.

18 SEC. 741. SENSE OF CONGRESS RELATING TO MAGEN

19 DAVID ADOM SOCIETY.

20 (a) FINDINGS.—Congress finds the following:

21 (1) It is the mission of the International Red

22 Cross and Red Crescent Movement to prevent and

23 alleviate human suffering wherever it may be found,

24 without discrimination.
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1 (2) The International Red Cross and Red Cres2 cent Movement is a worldwide institution in which

3 all national Red Cross and Red Crescent societies

4 have equal status.

5 (3) The Magen David Adom Society is the na6 tional humanitarian society in the state of Israel.

7 (4) The Magen David Adom Society follows all

8 the principles of the International Red Cross and

9 Red Crescent Movement.

10 (5) Since the founding of the Magen David

11 Adom Society in 1930, the American Red Cross has

12 regarded it as a sister national society and close

13 working ties have been established between the two

14 societies.

15 (6) The Magen David Adom Society has used

16 the Red Shield of David as its humanitarian emblem

17 since its founding in 1930 for the same purposes

18 that other national Red Cross and Red Crescent so19 cieties use their respective emblems.

20 (7) Since 1949 Magen David Adom has been

21 refused admission into the International Red Cross

22 and Red Crescent Movement and has been relegated

23 to observer status without a vote because it has used

24 the Red Shield of David.
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1 (8) Magen David Adom is the only humani2 tarian organization equivalent to a national Red

3 Cross or Red Crescent society in a sovereign nation

4 that is denied membership into the International

5 Red Cross and Red Crescent Movement.

6 (9) The American Red Cross has consistently

7 advocated recognition and membership of the Magen

8 David Adom Society in the International Red Cross

9 and Red Crescent Movement.

10 (10) The House of Representatives adopted H.

11 Res. 464 on May 3, 2000, and the Senate adopted

12 S. Res. 343 on October 18, 2000, expressing the

13 sense of the House of Representatives and the sense

14 of the Senate, respectively, that the International

15 Red Cross and Red Crescent Movement should rec16 ognize and admit to full membership Israel’s Magen

17 David Adom Society with its emblem, the Red Shield

18 of David.

19 (11) The Secretary of State testified before the

20 Committee on the Budget of the Senate on March

21 14, 2001, and stated that admission of Magen David

22 Adom into the International Red Cross movement is

23 a priority.
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1 (12) The United States provided $119,230,000

2 for the International Committee of the Red Cross in

3 fiscal year 2000.

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that—

6 (1) the International Committee of the Red

7 Cross should immediately recognize the Magen

8 David Adom Society;

9 (2) the Federation of Red Cross and Red Cres10 cent Societies should grant full membership to the

11 Magen David Adom Society immediately following

12 recognition by the International Committee of the

13 Red Cross of the Magen David Adom Society as a

14 full member of the International Committee of the

15 Red Cross;

16 (3) the Red Shield of David should be accorded

17 the same protections under international law as the

18 Red Cross and the Red Crescent; and

19 (4) the United States should continue to press

20 for full membership for the Magen David Adom in

21 the International Red Cross Movement.
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1 SEC. 742. SENSE OF CONGRESS URGING THE RETURN OF

2 PORTRAITS PAINTED BY DINA BABBITT DUR3 ING HER INTERNMENT AT AUSCHWITZ THAT

4 ARE NOW IN THE POSSESSION OF THE

5 AUSCHWITZ-BIRKENAU STATE MUSEUM.

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

7 findings:

8 (1) Dina Babbitt (formerly known as Dinah

9 Gottliebova), a United States citizen now in her late

10 70’s, has requested the return of watercolor por11 traits she painted while suffering a year-and-a-half12 long internment at the Auschwitz death camp during

13 World War II.

14 (2) Dina Babbitt was ordered to paint the por15 traits by the infamous war criminal Dr. Josef

16 Mengele.

17 (3) Dina Babbitt’s life, and her mother’s life,

18 were spared only because she painted portraits of

19 doomed inmates of Auschwitz-Birkenau, under or20 ders from Dr. Josef Mengele.

21 (4) These paintings are currently in the posses22 sion of the Auschwitz-Birkenau State Museum.

23 (5) Dina Babbitt is unquestionably the rightful

24 owner of the artwork, since the paintings were pro25 duced by her own talented hands as she endured the
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1 unspeakable conditions that existed at the Auschwitz

2 death camp.

3 (6) The artwork is not available for the public

4 to view at the Auschwitz-Birkenau State Museum

5 and therefore this unique and important body of

6 work is essentially lost to history.

7 (7) This continued injustice can be righted

8 through cooperation between agencies of the United

9 States and Poland.

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

11 (1) recognizes the moral right of Dina Babbitt

12 to obtain the artwork she created, and recognizes

13 her courage in the face of the evils perpetrated by

14 the Nazi command of the Auschwitz-Birkenau death

15 camp, including the atrocities committed by Dr.

16 Josef Mengele;

17 (2) urges the President to make all efforts nec18 essary to retrieve the seven watercolor portraits

19 Dina Babbitt painted, while suffering a year-and-a20 half-long internment at the Auschwitz death camp,

21 and return them to her;

22 (3) urges the Secretary of State to make imme23 diate diplomatic efforts to facilitate the transfer of

24 the seven original watercolors painted by Dina Bab-
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1 bitt from the Auschwitz-Birkenau State Museum to

2 Dina Babbitt, their rightful owner;

3 (4) urges the Government of Poland to imme4 diately facilitate the return to Dina Babbitt of the

5 artwork painted by her that is now in the possession

6 of the Auschwitz-Birkenau State Museum; and

7 (5) urges the officials of the Auschwitz8 Birkenau State Museum to transfer the seven origi9 nal paintings to Dina Babbitt as expeditiously as

10 possible.

11 SEC. 743. SENSE OF CONGRESS REGARDING VIETNAMESE

12 REFUGEE FAMILIES.

13 It is the sense of the Congress that Vietnamese refu14 gees who served substantial sentences in re-education

15 camps due to their wartime associations with the United

16 States and who, subsequently, were resettled in the United

17 States should be permitted to include their unmarried sons

18 and daughters as family members for purposes of such

19 resettlement.

20 SEC. 744. SENSE OF CONGRESS RELATING TO MEMBERSHIP

21 OF THE UNITED STATES IN UNESCO.

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

23 findings:

24 (1) The United Nations Educational, Scientific,

25 and Cultural Organization (UNESCO) was created
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1 in 1946 with the support of the United States as an

2 integral part of the United Nations systems, de3 signed to promote international cooperation and ex4 changes in the fields of education, science, culture,

5 and communication with the larger purpose of con6 structing the defense of peace against intolerance

7 and incitement to war.

8 (2) In 1984, the United States withdrew from

9 membership in UNESCO over serious questions of

10 internal management and political polarization.

11 (3) Since the United States withdrew from the

12 organization, UNESCO addressed such criticisms by

13 electing new leadership, tightening financial controls,

14 cutting budget and staff, restoring recognition of in15 tellectual property rights, and supporting the prin16 ciple of a free and independent international press.

17 (4) In 1993, the General Accounting Office,

18 after conducting an extensive review of UNESCO’s

19 progress in implementing changes, concluded that

20 the organization’s member states, the Director Gen21 eral of UNESCO, managers and employee associa22 tions demonstrated a commitment to management

23 reform through their actions.

24 (5) On September 28, 2000, former Secretary

25 of State George P. Schultz, who implemented the
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1 withdrawal of the United States from UNESCO

2 with a letter to the organization’s Director General

3 in 1984, indicated his support for the United States

4 renewal of membership in UNESCO.

5 (6) The participation of the United States in

6 UNESCO programs offers a means for furthering

7 the foreign policy interests of the United States

8 through the promotion of cultural understanding

9 and the spread of knowledge critical to strength10 ening civil society.

11 (b) SENSE OF CONGRESS.—It is the sense of the

12 Congress that the President should take all necessary

13 steps to renew the membership and participation of the

14 United States in the United Nations Educational, Sci15 entific and Cultural Organization (UNESCO).

16 SEC. 745. SENSE OF CONGRESS RELATING TO GLOBAL

17 WARMING.

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

19 findings:

20 (1) Global climate change poses a significant

21 threat to national security, the American economy,

22 public health and welfare, and the global environ23 ment.

24 (2) The Intergovernmental Panel on Climate

25 Change (IPCC) has found that most of the observed
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1 warming over the last 50 years is attributable to

2 human activities, including fossil fuel-generated car3 bon dioxide emissions.

4 (3) The IPCC has stated that global average

5 surface temperatures have risen since 1861.

6 (4) The IPCC has stated that in the last 40

7 years, the global average sea level has risen, ocean

8 heat content has increased, and snow cover and ice

9 extent have decreased which threatens to inundate

10 low-lying Pacific island nations and coastal regions

11 throughout the world.

12 (5) The Environmental Protection Agency pre13 dicts that global warming will harm United States

14 citizens by altering crop yields, causing sea levels to

15 rise, and increasing the spread of tropical infectious

16 diseases.

17 (6) Industrial nations are the largest producers

18 today of fossil fuel-generated carbon dioxide emis19 sions.

20 (7) The United States has ratified the United

21 Nations Framework on Climate Change which

22 states, in part, ‘‘the Parties to the Convention are

23 to implement policies with the aim of returning . . . to

24 their 1990 levels anthropogenic emissions of carbon

25 dioxide and other greenhouse gases’’.
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1 (8) The United Nations Framework Convention

2 on Climate Change further states that ‘‘developed

3 country Parties should take the lead in combating

4 climate change and the adverse effects thereof’’.

5 (9) Action by the United States to reduce emis6 sions, taken in concert with other industrialized na7 tions, will promote action by developing countries to

8 reduce their own emissions.

9 (10) A growing number of major American

10 businesses are expressing a need to know how gov11 ernments worldwide will respond to the threat of

12 global warming.

13 (11) More efficient technologies and renewable

14 energy sources will mitigate global warming and will

15 make the United States economy more productive

16 and create hundreds of thousands of jobs.

17 (b) SENSE OF CONGRESS.—It is the sense of the

18 Congress that the United States should demonstrate inter19 national leadership and responsibility in mitigating the

20 health, environmental, and economic threats posed by

21 global warming by—

22 (1) taking responsible action to ensure signifi23 cant and meaningful reductions in emissions of car24 bon dioxide and other greenhouse gases from all sec25 tors; and
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1 (2) continuing to participate in international

2 negotiations with the objective of completing the

3 rules and guidelines for the Kyoto Protocol in a

4 manner that is consistent with the interests of the

5 United States and that ensures the environmental

6 integrity of the protocol.

7 SEC. 746. SENSE OF CONGRESS REGARDING THE BAN ON

8 SINN FEIN MINISTERS FROM THE NORTH9 SOUTH MINISTERIAL COUNCIL IN NORTHERN

10 IRELAND.

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

12 findings:

13 (1) The Good Friday Agreement established the

14 North-South Ministerial Council to bring together

15 those with executive responsibilities in Northern Ire16 land and the Republic of Ireland to discuss matters

17 of mutual interest on a cross-border and all-island

18 basis.

19 (2) The Ulster Unionist Party, Social Demo20 cratic and Labour Party, Sinn Fein and the Demo21 cratic Unionist Party comprise the Northern Ireland

22 executive.

23 (3) First Minister David Trimble continues to

24 ban Sinn Fein Ministers Martin McGuiness and
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1 Bairbre de Brun from attending North-South Min2 isterial Council meetings.

3 (4) On January 30, 2001, the Belfast High

4 Court ruled First Minister Trimble had acted ille5 gally in preventing the Sinn Fein Ministers from at6 tending the North-South Ministerial Council meet7 ings.

8 (b) SENSE OF CONGRESS.—The Congress calls upon

9 First Minister David Trimble to adhere to the terms of

10 the Good Friday Agreement and lift the ban on the par11 ticipation of Sinn Fein Ministers on the North-South Min12 isterial Council.

13 SEC. 747. SENSE OF CONGRESS RELATING TO THE NEGO14 TIATION OF EFFECTIVE EXTRADITION TREA15 TIES.

16 (a) FINDINGS.—The Congress finds as follows:

17 (1) According to the Department of Justice,

18 there are approximately 3,000 open extradition cases

19 worldwide at any time.

20 (2) The United States has extradition treaties

21 with only approximately 60 percent of the worlds na22 tions.

23 (3) Of such treaties, nearly half were enacted

24 prior to World War II and are seriously out of date.
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1 (4) Treaties enacted prior to the 1970’s are ba2 sically ineffective because only specific crimes listed

3 in the treaties are extraditable offenses.

4 (5) Treaties negotiated since the 1970’s are

5 much more effective because they are flexible and re6 flect modern criminal justice issues such as inter7 national child abduction and cybercrimes.

8 (b) SENSE OF CONGRESS.—The Congress calls on the

9 Secretary of State to develop and implement a process for

10 negotiating new effective extradition treaties with coun11 tries with which the United States has no current extra12 dition treay, as well as renegotiating old ineffective trea13 ties, and to work closely with the Department of Justice

14 in achieving these objectives.

15 SEC. 748. SENSE OF CONGRESS RELATING TO UPCOMING

16 ELECTIONS IN FIJI, EAST TIMOR, AND PERU.

17 It is the sense of the Congress that—

18 (1) the upcoming national elections in Fiji and

19 East Timor in August 2001 and Peru in June 2001

20 are crucial and should be conducted in a free, fair,

21 and democratic manner; and

22 (2) the Secretary of State should send election

23 monitors to Fiji, and should offer technical support,

24 as appropriate, to East Timor and Peru, to support

25 free and fair elections in these nations.
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1 SEC. 749. SENSE OF CONGRESS REGARDING THE MURDER

2 OF JOHN M. ALVIS.

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

4 findings:

5 (1) On November 30, 2000, John M. Alvis was

6 brutally murdered in Baku, Azerbaijan.

7 (2) John Alvis was serving his final two weeks

8 of a two year full-time commitment to the Inter9 national Republican Institute, an American non10 governmental organization carrying out assistance

11 projects for the United States Government to help

12 promote democracy and strengthen the rule of law

13 in Azerbaijan.

14 (3) Almost immediately following the news of

15 the murder of John M. Alvis, our United States Am16 bassador to Azerbaijan, Ross Wilson, raised the

17 issue with the the President of Azerbaijan and with

18 the Minister of Interior, and was assured that every

19 effort would be made to carry out a prompt and

20 thorough investigation.

21 (4) After the murder, 18 members of Congress,

22 led by Congressman Kevin Brady and then-Chair23 man of the House International Relations Com24 mittee, Ben Gilman, wrote President Aliyev express25 ing the commitment of the Congress to seeing

26 John’s murder solved, and Senator John McCain
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1 wrote former President Clinton’s Administration re2 questing the FBI’s involvement.

3 (5) The United States Ambassador to Azer4 baijan continues to raise this issue with Azerbaijani

5 officials.

6 (6) The Government of Azerbaijan has cooper7 ated with the FBI to find the individual or individ8 uals responsible for killing John Alvis.

9 (7) United States President George W. Bush

10 wrote Azerbaijan’s President Hedar Aliyev and

11 thanked Azerbaijan for its efforts to find the mur12 derer or murderers of John M. Alvis.

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that—

15 (1) the United States and the Congress is abso16 lutely committed to ensuring that the truth of the

17 murder of John M. Alvis is determined and the indi18 vidual or individuals responsible for this heinous act

19 are brought to justice; and

20 (2) the Congress—

21 (A) appreciates the efforts of the Govern22 ment of Azerbaijan to find the murderer or

23 murderers of John M. Alvis and urges it to con24 tinue to make it a high priority; and
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1 (B) urges the United States Department

2 of State to continue to raise the issue of the

3 murder of John M. Alvis with the Government

4 of Azerbaijan and to make this issue a priority

5 item in relations between the Government of

6 the United States and the Government of Azer7 baijan.

8 SEC. 750. SENSE OF CONGRESS RELATING TO REMARKS BY

9 THE PRESIDENT OF SYRIA CONCERNING

10 ISRAEL.

11 (a) FINDINGS.—The Congress finds the following:

12 (1) On March 27, 2001, at the first regular

13 Arab summit gathering in more than 10 years,

14 President Bashar al-Assad used his speech to lash

15 out at Israel.

16 (2) On March 28, 2001, the New York Times

17 reported, ‘‘In electing Mr. Sharon to be their leader,

18 President Assad said, Israelis had chosen a man who

19 hated anything to do with Arabs and had dedicated

20 his career to killing them.’’.

21 (3) President Assad additionally said, ‘‘We say

22 that the head of the government is a racist, it’s a

23 racist government, a racist army and security force,’’

24 he said, adding that by extension, ‘‘It is a racist so25 ciety and it is even more racist than the Nazis.’’.
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1 (4) On March 28, 2001, State Department

2 spokesman Richard Boucher described President

3 Assad’s remarks as, ‘‘absolutely wrong . . . totally un4 acceptable and inappropriate.’’.

5 (5) On March 29, 2001, the Bush administra6 tion’s top Middle East diplomat, Assistant Secretary

7 of State Edward Walker, responding to Assad’s re8 marks stated, ‘‘His statement at the Arab League

9 was unacceptable, particularly his reference to Zion10 ism as racism.’’.

11 (6) On May 5, 2001, in his welcoming speech

12 to Pope John Paul II, upon the Pope’s arrival in

13 Damascus, President Assad said, ‘‘They, Israelis, try

14 to kill all the principles of divine faiths with the

15 same mentality of betraying Jesus Christ and tor16 turing Him, and in the same way that they tried to

17 commit treachery against Prophet Mohammad.’’.

18 (7) On May 6, 2001, at the Umayyad Mosque,

19 Muhammad Ziyadah, Syria’s minister of religious af20 fairs, said, ‘‘We must be fully aware of what the en21 emies of God and malicious Zionism conspire to

22 commit against Christianity and Islam.’’.

23 (8) On May 7, 2001, State Department spokes24 man Richard Boucher condemned President Assad’s

25 remarks, ‘‘Our view is that these comments are as
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1 regrettable as they are unacceptable. There’s no

2 place from anyone or from any side for statements

3 that inflame religious passions and hatred.’’.

4 (9) It is only through constructive diplomacy,

5 and not through hateful, counterproductive speech,

6 that peace can possibly be achieved in the Middle

7 East.

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

9 (1) condemns Syrian President Bashar al-Assad

10 for his inflammatory remarks on March 27, 2001,

11 and May 5, 2001;

12 (2) expresses its solidarity with the state and

13 people of Israel at this time of crisis;

14 (3) calls upon President Assad and the Syrian

15 Government to refrain from any future inflam16 matory remarks;

17 (4) commends the Administration for its swift

18 response to President Assad’s remarks; and

19 (5) urges the Administration to emphasize to

20 Syrian Government officials the concerns of the

21 United States about the negative impact such re22 marks make on Middle East peace negotiations.
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1 SEC. 751. SENSE OF CONGRESS RELATING TO ENVIRON2 MENTAL CONTAMINATION AND HEALTH EF3 FECTS IN THE PHILIPPINES EMANATING

4 FROM FORMER UNITED STATES MILITARY

5 FACILITIES.

6 It is the sense of the Congress that—

7 (1) the Secretary of State, in cooperation with

8 the Secretary of Defense, should continue to work

9 with the Government of the Philippines and with ap10 propriate non-governmental organizations in the

11 United States and the Philippines to fully identify

12 and share all relevant information concerning envi13 ronmental contamination and health effects ema14 nating from former United States military facilities

15 in the Philippines following departure of the United

16 States military forces from the Philippines in 1992;

17 (2) the United States and the Government of

18 the Philippines should continue to build upon the

19 agreements outlined in the Joint Statement by the

20 United States and the Republic of the Philippines on

21 a Framework for Bilateral Cooperation in the Envi22 ronment and Public Health signed on July 27, 2000;

23 and

24 (3) Congress should encourage an objective

25 non-governmental study which would examine envi26 ronmental contamination and health effects ema-
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1 nating from former United States military facilities

2 in the Philippines, following departure of United

3 States military forces from the Philippines in 1992.

4 SEC. 752. SENSE OF CONGRESS REGARDING THE LOCATION

5 OF PEACE CORPS OFFICES ABROAD.

6 It is the sense of the Congress that, to the degree

7 permitted by security considerations, the Secretary of

8 State should give favorable consideration to requests by

9 the Director of the Peace Corps that the Secretary exer10 cise his authority under section 606(a)(2)(B) of the Se11 cure Embassy Construction and Counterterrorism Act of

12 1999 (22 U.S.C. 4865(a)(2)(B)) to waive certain require13 ments of that Act in order to permit the Peace Corps to

14 maintain offices in foreign countries at locations separate

15 from the United States embassy.

16 SEC. 753. SENSE OF CONGRESS REGARDING THE MIS17 TREATMENT OF UNITED STATES CIVILIAN

18 PRISONERS INCARCERATED BY THE AXIS

19 POWERS DURING WORLD WAR II.

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

21 findings:

22 (1) The Axis Powers captured and incarcerated

23 18,745 United States civilians who were living or

24 traveling abroad during World War II, of which

25 1,704 died or were executed in captivity.
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1 (2) These civilian prisoners of war were sub2 jected to barbaric prison conditions and endured tor3 ture, starvation, and disease.

4 (3) The incarceration of these United States ci5 vilians and the conditions of such incarceration vio6 lated international human rights principles.

7 (4) The vast majority of these civilian prisoners

8 of war have never received any formal recognition or

9 compensation for their suffering, despite the physical

10 and emotional trauma they endured.

11 (5) The incarceration of United States civilians

12 by the Axis Powers during World War II and the

13 conditions of such incarceration violated inter14 national human rights principles.

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

16 (1) extends its sympathies to the brave men

17 and women who endured the terrible hardships of

18 such incarceration and to their families; and

19 (2) encourages foreign nations that incarcerated

20 United States civilians during World War II to for21 mally apologize to these individuals and their fami22 lies.
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1 SEC. 754. SENSE OF CONGRESS REGARDING PURCHASE OF

2 AMERICAN-MADE EQUIPMENT AND PROD3 UCTS.

4 In the case of any equipment or products that may

5 be authorized to be purchased with financial assistance

6 provided under this Act (including any amendment made

7 by this Act), it is the sense of the Congress that entities

8 receiving such assistance should, in expending the assist9 ance, purchase only American-made equipment and prod10 ucts.

11 SEC. 755. SENSE OF CONGRESS RELATING TO STATE DE12 PARTMENT TRAVEL WARNINGS FOR ISRAEL,

13 THE WEST BANK, AND GAZA.

14 It is the sense of the Congress that—

15 (1) the Secretary of State should, in an effort

16 to provide better and more accurate information to

17 American citizens traveling abroad, review the cur18 rent travel warning in place for Israel, the West

19 Bank, and Gaza, to determine which areas present

20 the highest threat to American citizens in the region

21 and which areas may be visited safely; and

22 (2) the Secretary of State should revise the

23 travel warning for Israel, the West Bank, and Gaza

24 as appropriate based on the above determinations.
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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 RELATED AUTHORITIES

10 SEC. 811. QUARTERLY REPORT ON PRICE AND AVAIL11 ABILITY ESTIMATES.

12 Chapter 2 of the Arms Export Control Act (22

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

14 the following:

15 ‘‘SEC. 28. QUARTERLY REPORT ON PRICE AND AVAIL16 ABILITY ESTIMATES.

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

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

19 transmit to the Committee on International Relations of

20 the House of Representatives and the Committee on For21 eign Relations of the Senate a report that contains the

22 information described in subsection (b).

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

24 this subsection is the following:
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1 ‘‘(1)(A) Each price and availability estimate

2 provided by the United States Government during

3 such calendar quarter to a foreign country with re4 spect to a possible sale under this Act of major de5 fense articles having a cost of $7,000,000 or more,

6 or of any other defense articles or services having a

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

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

9 which an estimate described in subparagraph (A)

10 was provided, the defense articles or services in11 volved, the quantity of the articles or services in12 volved, and the price estimate.

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

14 States Government from a foreign country during

15 such calendar quarter for the issuance of a letter of

16 offer to sell defense articles or defense services if the

17 proposed sale does not include a price and avail18 ability estimate (as described in paragraph (1)(A)).

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

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

21 date of the request, the defense articles or services

22 involved, the quantity of the articles or services in23 volved, and the price and availability terms re24 quested.’’.
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1 SEC. 812. OFFICIAL RECEPTION AND REPRESENTATION EX2 PENSES.

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

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

5 inserting ‘‘$86,500’’.

6 SEC. 813. TREATMENT OF TAIWAN RELATING TO TRANS7 FERS OF DEFENSE ARTICLES AND SERVICES.

8 Notwithstanding any other provision of law, for pur9 poses of the transfer or potential transfer of defense arti10 cles or defense services under the Arms Export Control

11 Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act

12 of 1961 (22 U.S.C. 2151 et seq.), or any other provision

13 of law, Taiwan shall be treated as the equivalent of a

14 major non-NATO ally.

15 SEC. 814. UNITED STATES POLICY WITH REGARD TO TAI16 WAN.

17 (a) CONSULTATION WITH CONGRESS.—Not later

18 than 30 days prior to consultations with Taiwan described

19 in subsection (b), the President shall consult, on a classi20 fied basis, with Congress regarding the following matters

21 with respect to the availability of defense articles and serv22 ices for Taiwan:

23 (1) The request by Taiwan to the United States

24 for the purchase of defense articles and defense serv25 ices.
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1 (2) The President’s assessment of the legiti2 mate defense needs of Taiwan taking into account

3 Taiwan’s request described in paragraph (1).

4 (3) The decisionmaking process used by the

5 President to consider such request.

6 (b) CONSULTATION WITH TAIWAN.—At least once

7 every calendar year, the President, or the President’s des8 ignee, shall consult with representatives of the armed

9 forces of Taiwan, at not less than the level of Vice Chief

10 of the General Staff, concerning the nature and quantity

11 of defense articles and services to be made available to

12 Taiwan in accordance with section 3(b) of the Taiwan Re13 lations Act (22 U.S.C. 3302(b)). Such consultations shall

14 take place in Washington, D.C.

15 CHAPTER 2—EXCESS DEFENSE ARTICLE

16 AND DRAWDOWN AUTHORITIES

17 SEC. 821. EXCESS DEFENSE ARTICLES FOR CERTAIN EURO18 PEAN AND OTHER COUNTRIES.

19 (a) CENTRAL AND SOUTHERN EUROPEAN COUN20 TRIES.—Section 105 of Public Law 104–164 (110 Stat.

21 1427) is amended by striking ‘‘2000 and 2001’’ and in22 serting ‘‘2001, 2002, and 2003’’.

23 (b) CERTAIN OTHER COUNTRIES.—Notwithstanding

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

25 U.S.C. 2321j(e)), during each of the fiscal years 2002 and
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1 2003, funds available to the Department of Defense may

2 be expended for crating, packing, handling, and transpor3 tation of excess defense articles transferred under the au4 thority of section 516 of such Act to Albania, Bulgaria,

5 Croatia, Estonia, the Former Yugoslavia Republic of Mac6 edonia, Georgia, Kyrgyzstan, Latvia, Lithuania, Mongolia,

7 the Philippines, Slovakia, and Uzbekistan.

8 (c) CONTENT OF CONGRESSIONAL NOTIFICATION.—

9 Each notification required to be submitted under section

10 516(f) of the Foreign Assistance Act of 1961 (22 U.S.C.

11 2321j(f)) with respect to a proposed transfer of a defense

12 article described in subsection (b) shall include an esti13 mate of the amount of funds to be expended under such

14 subsection with respect to that transfer.

15 SEC. 822. LEASES OF DEFENSE ARTICLES FOR FOREIGN

16 COUNTRIES AND INTERNATIONAL ORGANIZA17 TIONS.

18 Section 61(b) of the Arms Export Control Act (22

19 U.S.C. 2796(b)), is amended—

20 (1) by striking ‘‘(b) Each lease agreement’’ and

21 inserting ‘‘(b)(1) Each lease agreement’’; and

22 (2) by striking ‘‘of not to exceed five years’’

23 and inserting ‘‘which may not exceed (A) five years,

24 and (B) a specified period of time required to com25 plete major refurbishment work of the leased articles
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1 to be performed prior to the delivery of the leased

2 articles,’’; and

3 (3) by adding at the end the following:

4 ‘‘(2) In this subsection, the term ‘major refurbish5 ment work’ means work for which the period of perform6 ance is 6 months or more.’’.

7 SEC. 823. PRIORITY WITH RESPECT TO TRANSFER OF EX8 CESS DEFENSE ARTICLES.

9 Section 516(c)(2) of the Foreign Assistance Act of

10 1961 (22 U.S.C. 2321j(c)(2)), is amended by striking

11 ‘‘and to major non-NATO allies on such southern and

12 southeastern flank’’ and inserting ‘‘, to major non-NATO

13 allies on such southern and southeastern flank, and to the

14 Philippines’’.

15 CHAPTER 3—NONPROLIFERATION AND

16 EXPORT CONTROL ASSISTANCE

17 SEC. 831. INTERNATIONAL COUNTERPROLIFERATION EDU18 CATION AND TRAINING.

19 Chapter 9 of part II of the Foreign Assistance Act

20 of 1961 (22 U.S.C. 2349bb et seq.), is amended—

21 (1) by redesignating sections 584 and 585 as

22 sections 585 and 586, respectively; and

23 (2) by inserting after section 583 the following:
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1 ‘‘SEC. 584. INTERNATIONAL COUNTER-PROLIFERATION

2 EDUCATION AND TRAINING.

3 ‘‘(a) GENERAL AUTHORITY.—The President is au4 thorized to furnish, on such terms and conditions con5 sistent with this chapter (but whenever feasible on a reim6 bursable basis), education and training to foreign govern7 mental and military personnel for the purpose of enhanc8 ing the nonproliferation and export control capabilities of

9 such personnel through their attendance in special courses

10 of instruction in the United States.

11 ‘‘(b) ADMINISTRATION OF COURSES.—The Secretary

12 of State shall have overall responsibility for the develop13 ment and conduct of international nonproliferation edu14 cation and training programs, but may rely upon any of

15 the following agencies to recommend personnel for the

16 education and training, and to administer specific courses

17 of instruction:

18 ‘‘(1) The Department of Defense (including na19 tional weapons laboratories under contract with the

20 Department).

21 ‘‘(2) The Department of Energy (including na22 tional weapons laboratories under contract with the

23 Department).

24 ‘‘(3) The Department of Commerce.
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1 ‘‘(4) The intelligence community (as defined in

2 section 3(4) of the National Security Act of 1947

3 (50 U.S.C. 401a(4))).

4 ‘‘(5) The United States Customs Service.

5 ‘‘(6) The Federal Bureau of Investigation.

6 ‘‘(c) PURPOSES.—Education and training activities

7 conducted under this section shall be—

8 ‘‘(1) of a technical nature, emphasizing tech9 niques for detecting, deterring, monitoring, inter10 dicting, and countering proliferation;

11 ‘‘(2) designed to encourage effective and mutu12 ally beneficial relations and increased understanding

13 between the United States and friendly countries;

14 and

15 ‘‘(3) designed to improve the ability of friendly

16 countries to utilize their resources, including defense

17 articles and defense services obtained by them from

18 the United States, with maximum effectiveness,

19 thereby contributing to greater self-reliance by such

20 countries.’’.

21 SEC. 832. ANNUAL REPORT ON THE PROLIFERATION OF

22 MISSILES AND ESSENTIAL COMPONENTS OF

23 NUCLEAR, BIOLOGICAL, AND CHEMICAL

24 WEAPONS.

25 (a) REPORT.—
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1 (1) IN GENERAL.—The President shall transmit

2 to the designated congressional committees an an3 nual report on the transfer by any country of weap4 ons, technology, components, or materials that can

5 be used to deliver, manufacture (including research

6 and experimentation), or weaponize nuclear, biologi7 cal, or chemical weapons (hereinafter in this section

8 referred to as ‘‘NBC weapons’’) to any country other

9 than a country referred to in subsection (c) that is

10 seeking to possess or otherwise acquire such weap11 ons, technology, or materials, or other system that

12 the Secretary of State or Secretary of Defense has

13 reason to believe could be used to develop, acquire,

14 or deliver NBC weapons.

15 (2) DEADLINE FOR INITIAL REPORT.—The first

16 such report shall be submitted not later than 90

17 days after the date of the enactment of this Act and

18 on April 1 of each year thereafter.

19 (b) MATTERS TO BE INCLUDED.—Each such report

20 shall include, but not be limited to—

21 (1) the transfer of all aircraft, cruise missiles,

22 artillery weapons, unguided rockets and multiple

23 rocket systems, and related bombs, shells, warheads

24 and other weaponization technology and materials

25 that the Secretary of State or the Secretary of De-
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1 fense has reason to believe may be intended for the

2 delivery of NBC weapons;

3 (2) international transfers of MTCR equipment

4 or technology to any country that is seeking to ac5 quire such equipment or any other system that the

6 Secretary of State or the Secretary of Defense has

7 reason to believe may be used to deliver NBC weap8 ons; and

9 (3) the transfer of technology, test equipment,

10 radioactive materials, feedstocks and cultures, and

11 all other specialized materials that the Secretary of

12 State or the Secretary of Defense has reason to be13 lieve could be used to manufacture NBC weapons.

14 (c) CONTENT OF REPORT.—Each such report shall

15 include the following with respect to preceding calendar

16 year:

17 (1) The status of missile, aircraft, and other

18 NBC weapons delivery and weaponization programs

19 in any such country, including efforts by such coun20 try or by any subnational group to acquire MTCR21 controlled equipment, NBC-capable aircraft, or any

22 other weapon or major weapon component which

23 may be utilized in the delivery of NBC weapons,

24 whose primary use is the delivery of NBC weapons,

25 or that the Secretary of State or the Secretary of
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1 Defense has reason to believe could be used to de2 liver NBC weapons.

3 (2) The status of NBC weapons development,

4 acquisition, manufacture, stockpiling, and deploy5 ment programs in any such country, including ef6 forts by such country or by any subnational group

7 to acquire essential test equipment, manufacturing

8 equipment and technology, weaponization equipment

9 and technology, and radioactive material, feedstocks

10 or components of feedstocks, and biological cultures

11 and toxins.

12 (3) A description of assistance provided by any

13 person or government, after the date of the enact14 ment of this Act, to any such country or subnational

15 group in the acquisition or development of—

16 (A) NBC weapons;

17 (B) missile systems, as defined in the

18 MTCR or that the Secretary of State or the

19 Secretary of Defense has reason to believe may

20 be used to deliver NBC weapons; and

21 (C) aircraft and other delivery systems and

22 weapons that the Secretary of State or the Sec23 retary of Defense has reason to believe could be

24 used to deliver NBC weapons.
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1 (4) A listing of those persons and countries

2 which continue to provide such equipment or tech3 nology described in paragraph (3) to any country or

4 subnational group as of the date of submission of

5 the report, including the extent to which foreign per6 sons and countries were found to have knowingly

7 and materially assisted such programs.

8 (5) A description of the use of, or substantial

9 preparations to use, the equipment of technology de10 scribed in paragraph (3) by any foreign country or

11 subnational group.

12 (6) A description of the diplomatic measures

13 that the United States, and that other adherents to

14 the MTCR and other arrangements affecting the ac15 quisition and delivery of NBC weapons, have made

16 with respect to activities and private persons and

17 governments suspected of violating the MTCR and

18 such other arrangements.

19 (7) An analysis of the effectiveness of the regu20 latory and enforcement regimes of the United States

21 and other countries that adhere to the MTCR and

22 other arrangements affecting the acquisition and de23 livery of NBC weapons in controlling the export of

24 MTCR and other NBC weapons and delivery system

25 equipment or technology.
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1 (8) A summary of advisory opinions issued

2 under section 11B(b)(4) of the Export Administra3 tion Act of 1979 (50 U.S.C. App. 2401b(b)(4)) and

4 under section 73(d) of the Arms Export Control Act

5 (22 U.S.C. 2797b(d)).

6 (9) An explanation of United States policy re7 garding the transfer of MTCR equipment or tech8 nology to foreign missile programs, including pro9 grams involving launches of space vehicles.

10 (10) A description of each transfer by any per11 son or government during the preceding 12-month

12 period which is subject to sanctions under the Iran13 Iraq Arms Non-Proliferation Act of 1992 (title XVI

14 of Public Law 102–484).

15 (d) EXCLUSIONS.—The countries excluded under

16 subsection (a) are Australia, Belgium, Canada, the Czech

17 Republic, Denmark, France, Germany, Greece, Hungary,

18 Iceland, Italy, Japan, Luxembourg, the Netherlands, Nor19 way, Poland, Portugal, Spain, Turkey, the United King20 dom, and the United States.

21 (e) CLASSIFICATION OF REPORT.—The Secretary of

22 State shall make every effort to submit all of the informa23 tion required by this section in unclassified form. When24 ever the Secretary submits any such information in classi25 fied form, the Secretary shall submit such classified infor-
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1 mation in an addendum and shall also submit concurrently

2 a detailed summary, in unclassified form, of that classified

3 information.

4 (f) DEFINITIONS.—In this section:

5 (1) DESIGNATED CONGRESSIONAL COMMIT6 TEES.—The term ‘‘designated congressional commit7 tees’’ means—

8 (A) the Committee on Appropriations, the

9 Committee on Armed Services, and the Com10 mittee on International Relations of the House

11 of Representatives; and

12 (B) the Committees on Appropriations, the

13 Committee on Armed Services, and the Com14 mittee on Foreign Relations of the Senate.

15 (2) MISSILE; MTCR; MTCR EQUIPMENT OR

16 TECHNOLOGY.—The terms ‘‘missile’’, ‘‘MTCR’’, and

17 ‘‘MTCR equipment or technology’’ have the mean18 ings given those terms in section 74 of the Arms Ex19 port Control Act (22 U.S.C. 2797c).

20 (3) PERSON.—The term ‘‘person’’ means any

21 United States or foreign individual, partnership, cor22 poration, or other form of association, or any of its

23 successor entities, parents, or subsidiaries.

24 (4) WEAPONIZE; WEAPONIZATION.—The term

25 ‘‘weaponize’’ or ‘‘weaponization’’ means to incor-
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1 porate into, or the incorporation into, usable ord2 nance or other militarily useful means of delivery.

3 (g) REPEALS.—

4 (1) IN GENERAL.—The following provisions of

5 law are repealed:

6 (A) Section 1097 of the National Defense

7 Authorization Act for Fiscal Years 1992 and

8 1993 (22 U.S.C. 2751 note).

9 (B) Section 308 of the Chemical and Bio10 logical Weapons Control and Warfare Elimi11 nation Act of 1991 (22 U.S.C. 5606).

12 (C) Section 1607(a) of the Iran-Iraq Arms

13 Non-Proliferation Act of 1992 (Public Law

14 102–484).

15 (D) Paragraph (d) of section 585 of the

16 Foreign Operations, Export Financing, and Re17 lated Programs Appropriations Act, 1997 (as

18 contained in section 101(c) of title I of division

19 A of Public Law 104–208).

20 (2) CONFORMING AMENDMENTS.—Section 585

21 of the Foreign Operations, Export Financing, and

22 Related Programs Appropriations Act, 1997, is

23 amended—

24 (A) in paragraph (b), by adding ‘‘and’’ at

25 the end; and
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1 (B) in paragraph (c), by striking ‘‘; and’’

2 and inserting a period.

3 SEC. 833. FIVE-YEAR INTERNATIONAL ARMS CONTROL AND

4 NONPROLIFERATION STRATEGY.

5 Not later than 180 days after the date of the enact6 ment of this Act, the Secretary of State shall prepare and

7 submit to the appropriate congressional committees a 5-

8 year international arms control and nonproliferation strat9 egy. The strategy shall contain the following:

10 (1) A 5-year plan for the reduction of existing

11 nuclear, chemical, and biological weapons and bal12 listic missiles and for controlling the proliferation of

13 these weapons.

14 (2) Identification of the goals and objectives of

15 the United States with respect to arms control and

16 nonproliferation of weapons of mass destruction and

17 their delivery systems.

18 (3) A description of the programs, projects, and

19 activities of the Department of State intended to ac20 complish goals and objectives described in paragraph

21 (2).
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1 Subtitle B—Strengthening the

2 Munitions Licensing Process

3 SEC. 841. LICENSE OFFICER STAFFING.

4 (a) FUNDING.—Of the amounts authorized to be ap5 propriated under the appropriations account entitled

6 ‘‘DIPLOMATIC AND CONSULAR PROGRAMS’’ for fiscal years

7 2002 and 2003, not less than $10,000,000 shall be made

8 available each such fiscal year for the Office of Defense

9 Trade Controls of the Department of State for salaries

10 and expenses.

11 (b) ASSIGNMENT OF LICENSE REVIEW OFFICERS.—

12 Effective January 1, 2002, the Secretary of State shall

13 assign to the Office of Defense Trade Controls of the De14 partment of State a sufficient number of license review

15 officers to ensure that the average weekly caseload for

16 each officer does not exceed 40.

17 (c) DETAILEES.—Given the priority placed on expe18 dited license reviews in recent years by the Department

19 of Defense, the Secretary of Defense should ensure that

20 10 military officers are continuously detailed to the Office

21 of Defense Trade Controls of the Department of State on

22 a nonreimbursable basis.

23 SEC. 842. FUNDING FOR DATABASE AUTOMATION.

24 Of the amounts authorized to be appropriated under

25 the appropriations account entitled ‘‘CAPITAL INVEST-
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1 MENT FUND’’ for fiscal years 2002 and 2003, not less

2 than $4,000,000 shall be made available each such fiscal

3 year for the Office of Defense Trade Controls of the De4 partment of State for the modernization of information

5 management systems.

6 SEC. 843. INFORMATION MANAGEMENT PRIORITIES.

7 (a) OBJECTIVE.—The Secretary of State shall estab8 lish a secure, Internet-based system for the filing and re9 view of applications for export of Munitions List items.

10 (b) ESTABLISHMENT OF A MAINFRAME.—Of the

11 amounts made available pursuant to section 842, not less

12 than $3,000,000 each such fiscal year shall be made avail13 able to fully automate the Defense Trade Application Sys14 tem, and to ensure that the system—

15 (1) is an electronic system for the filing and re16 view of Munitions List license applications;

17 (2) is secure, with modules available through

18 the Internet; and

19 (3) is capable of exchanging data with—

20 (A) the Foreign Disclosure and Technology

21 Information System and the USXPORTS sys22 tems of the Department of Defense;

23 (B) the Export Control System of the Cen24 tral Intelligence Agency; and
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1 (C) the Proliferation Information Network

2 System of the Department of Energy.

3 (c) MUNITIONS LIST DEFINED.—In this section, the

4 term ‘‘Munitions List’’ means the United States Muni5 tions List of defense articles and defense services con6 trolled under section 38 of the Arms Export Control Act

7 (22 U.S.C. 2778).

8 SEC. 844. IMPROVEMENTS TO THE AUTOMATED EXPORT

9 SYSTEM.

10 (a) MANDATORY FILING.—The Secretary of Com11 merce, with the concurrence of the Secretary of State and

12 the Secretary of the Treasury, shall publish regulations

13 in the Federal Register to require, upon the effective date

14 of those regulations, the mandatory filing through the

15 Automated Export System for the remainder of exports

16 that were not covered by regulations issued pursuant to

17 section 1252(b) of the Security Assistance Act of 1999

18 (113 Stat. 1501A–506), as enacted into law by section

19 1000(a)(7) of Public Law 106–113.

20 (b) REQUIREMENT FOR INFORMATION SHARING.—

21 The Secretary of State shall conclude an information shar22 ing arrangement with the heads of United States Customs

23 Service and the Census Bureau to adjust the Automated

24 Export System to parallel information currently collected

25 by the Department of State.
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1 (c) SECRETARY OF TREASURY FUNCTIONS.—Section

2 303 of title 13, United States Code, is amended by strik3 ing ‘‘, other than by mail,’’.

4 (d) FILING EXPORT INFORMATION, DELAYED FIL5 INGS, PENALTIES FOR FAILURE TO FILE.—Section 304

6 of title 13, United States Code, is amended—

7 (1) in subsection (a)—

8 (A) in the first sentence, by striking ‘‘the

9 penal sum of $1,000’’ and inserting ‘‘a penal

10 sum of $10,000’’; and

11 (B) in the third sentence, by striking ‘‘a

12 penalty not to exceed $100 for each day’s delin13 quency beyond the prescribed period, but not

14 more than $1,000, shall be exacted’’ and insert15 ing ‘‘the Secretary of Commerce (and officers

16 and employees of the Department of Commerce

17 designated by the Secretary) may impose a civil

18 penalty not to exceed $1,000 for each day’s de19 linquency beyond the prescribed period, but not

20 more than $10,000 per violation’’;

21 (2) by redesignating subsection (b) as sub22 section (c); and

23 (3) by inserting after subsection (a) the fol24 lowing:
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1 ‘‘(b) Any person, other that a person described in

2 subsection (a), required to submit export information,

3 shall file such information in accordance with any rule,

4 regulation, or order issued pursuant to this chapter. In

5 the event any such information or reports are not filed

6 within such prescribed period, the Secretary of Commerce

7 (and officers and employees of the Department of Com8 merce designated by the Secretary) may impose a civil

9 penalty not to exceed $1,000 for each day’s delinquency

10 beyond the prescribed period, but not more than $10,000

11 per violation.’’.

12 (e) ADDITIONAL PENALTIES.—

13 (1) IN GENERAL.—Section 305 of title 13,

14 United States Code, is amended to read as follows:

15 ‘‘§ 305. Penalties for unlawful export information ac16 tivities

17 ‘‘(a) CRIMINAL PENALTIES.—(1) Any person who

18 knowingly fails to file or knowingly submits false or mis19 leading export information through the Shippers Export

20 Declaration (SED) (or any successor document) or the

21 Automated Export System (AES) shall be subject to a fine

22 not to exceed $10,000 per violation or imprisonment for

23 not more than 5 years, or both.

24 ‘‘(2) Any person who knowingly reports any informa25 tion on or uses the SED or the AES to further any illegal
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1 activity shall be subject to a fine not to exceed $10,000

2 per violation or imprisonment for not more than 5 years,

3 or both.

4 ‘‘(3) Any person who is convicted under this sub5 section shall, in addition to any other penalty, forfeit to

6 the United States—

7 ‘‘(A) any of that person’s interest in, security

8 of, claim against, or property or contractual rights

9 of any kind in the goods or tangible items that were

10 the subject of the violation;

11 ‘‘(B) any of that person’s interest in, security

12 of, claim against, or property or contractual rights

13 of any kind in tangible property that was used in the

14 export or attempt to export that was the subject of

15 the violation; and

16 ‘‘(C) any of that person’s property constituting,

17 or derived from, any proceeds obtained directly or

18 indirectly as a result of the violation.

19 ‘‘(b) CIVIL PENALTIES.—The Secretary (and officers

20 and employees of the Department of Commerce specifi21 cally designated by the Secretary) may impose a civil pen22 alty not to exceed $10,000 per violation on any person

23 violating the provisions of this chapter or any rule, regula24 tion, or order issued thereunder, except as provided in sec-
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1 tion 304. Such penalty may be in addition to any other

2 penalty imposed by law.

3 ‘‘(c) CIVIL PENALTY PROCEDURE.—(1) When a civil

4 penalty is sought for a violation of this section or of sec5 tion 304, the charged party is entitled to receive a formal

6 complaint specifying the charges and, at his or her re7 quest, to contest the charges in a hearing before an admin8 istrative law judge. Any such hearing shall be conducted

9 in accordance with sections 556 and 557 of title 5, United

10 States Code.

11 ‘‘(2) If any person fails to pay a civil penalty imposed

12 under this chapter, the Secretary may ask the Attorney

13 General to commence a civil action in an appropriate dis14 trict court of the United States to recover the amount im15 posed (plus interest at currently prevailing rates from the

16 date of the final order). No such action may be com17 menced more than 5 years after the order imposing the

18 civil penalty becomes final. In such action, the validity,

19 amount, and appropriateness of such penalty shall not be

20 subject to review.

21 ‘‘(3) The Secretary may remit or mitigate any pen22 alties imposed under paragraph (1) if, in his or her

23 opinion—

24 ‘‘(A) the penalties were incurred without willful

25 negligence or fraud; or
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1 ‘‘(B) other circumstances exist that justify a re2 mission or mitigation.

3 ‘‘(4) If, pursuant to section 306, the Secretary dele4 gates functions under this section to another agency, the

5 provisions of law of that agency relating to penalty assess6 ment, remission or mitigation of such penalties, collection

7 of such penalties, and limitations of actions and com8 promise of claims, shall apply.

9 ‘‘(5) Any amount paid in satisfaction of a civil pen10 alty imposed under this section or section 304 shall be

11 deposited into the general fund of the Treasury and cred12 ited as miscellaneous receipts.

13 ‘‘(d) ENFORCEMENT.—(1) The Secretary of Com14 merce may designate officers or employees of the Office

15 of Export Enforcement to conduct investigations pursuant

16 to this chapter. In conducting such investigations, those

17 officers or employees may, to the extent necessary or ap18 propriate to the enforcement of this chapter, exercise such

19 authorities as are conferred upon them by other laws of

20 the United States, subject to policies and procedures ap21 proved by the Attorney General.

22 ‘‘(2) The Commissioner of Customs may designate of23 ficers or employees of the Customs Service to enforce the

24 provisions of this chapter, or to conduct investigations

25 pursuant to this chapter.
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1 ‘‘(e) REGULATIONS.—The Secretary of Commerce

2 shall promulgate regulations for the implementation and

3 enforcement of this section.

4 ‘‘(f) EXEMPTION.—The criminal fines provided for in

5 this section are exempt from the provisions of section 3571

6 of title 18, United States Code.’’.

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of chapter 9 of title 13,

9 United States Code, is amended by striking the item

10 relating to section 305 and inserting the following:

‘‘305. Penalties for unlawful export information activities.’’.

11 SEC. 845. CONGRESSIONAL NOTIFICATION OF REMOVAL OF

12 ITEMS FROM THE MUNITIONS LIST.

13 Section 38(f)(1) of the Arms Export Control Act (22

14 U.S.C. 2778(f)(1)), is amended by striking the third sen15 tence and inserting the following: ‘‘The President may not

16 remove any item from the Munitions List until 30 days

17 after the date on which the President has provided notice

18 of the proposed removal to the Committee on International

19 Relations of the House of Representatives and to the Com20 mittee on Foreign Relations of the Senate in accordance

21 with the procedures applicable to reprogramming notifica22 tions under section 634A(a) of the Foreign Assistance Act

23 of 1961. Such notice shall describe the nature of any con24 trols to be imposed on that item under any other provision

25 of law.’’.
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1 SEC. 846. CONGRESSIONAL NOTIFICATION THRESHOLDS

2 FOR ALLIED COUNTRIES.

3 The Arms Export Control Act (22 U.S.C. 2751 et

4 seq.), is amended—

5 (1) in paragraphs (1) and (3)(A) of section

6 3(d), by adding after ‘‘at $50,000,000 or more’’

7 each place it appears the following: ‘‘(or, in the case

8 of a transfer to a country which is a member coun9 try of the North Atlantic Treaty Organization

10 (NATO) or Australia, Japan, or New Zealand, any

11 major defense equipment valued (in terms of its

12 original acquisition cost) at $25,000,000 or more, or

13 of defense articles or defense services valued (in

14 terms of its original acquisition cost) at

15 $100,000,000 or more)’’;

16 (2) in section 36(b)(1), by adding after ‘‘for

17 $14,000,000 or more’’ the following: ‘‘(or, in the

18 case of a letter of offer to sell to a country which

19 is a member country of the North Atlantic Treaty

20 Organization (NATO) or Australia, Japan, or New

21 Zealand, any major defense equipment under this

22 Act for $25,000,000 or more, any defense articles or

23 services for $100,000,000 or more, or any design

24 and construction services for $300,000,000 or

25 more)’’;
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1 (3) in section 36(b)(5)(C), by adding after ‘‘or

2 $200,000,000 or more in the case of design or con3 struction services’’ the following: ‘‘(or, in the case of

4 a letter of offer to sell to a country which is a mem5 ber country of the North Atlantic Treaty Organiza6 tion (NATO) or Australia, Japan, or New Zealand,

7 any major defense equipment for $25,000,000 or

8 more, any defense articles or services for

9 $100,000,000 or more, or any design and construc10 tion services for $300,000,000 or more)’’;

11 (4) in section 36(c)(1), by adding after

12 ‘‘$50,000,000 or more’’ the following: ‘‘(or, in the

13 case of an application by a person (other than with

14 regard to a sale under section 21 or section 22 of

15 this Act) for a license for the export to a country

16 which is a member country of the North Atlantic

17 Treaty Organization (NATO) or Australia, Japan,

18 or New Zealand, of any major defense equipment

19 sold under a contract in the amount of $25,000,000

20 or more or of defense articles or defense services

21 sold under a contract in the amount of

22 $100,000,000 or more)’’; and

23 (5) in section 63(a), by adding after

24 ‘‘$50,000,000 or more’’ the following: ‘‘(or, in the

25 case of such an agreement with a country which is
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1 a member country of the North Atlantic Treaty Or2 ganization (NATO) or Australia, Japan, or New

3 Zealand: (i) major defense equipment valued (in

4 terms of its replacement cost less any depreciation

5 in its value) at $25,000,000 or more; or (ii) defense

6 articles valued (in terms of their replacement cost

7 less any depreciation in their value) at $100,000,000

8 or more)’’.

9 Subtitle C—Authority to Transfer

10 Naval Vessels

11 SEC. 851. AUTHORITY TO TRANSFER NAVAL VESSELS TO

12 CERTAIN FOREIGN COUNTRIES.

13 (a) AUTHORITY TO TRANSFER.—

14 (1) BRAZIL.—The President is authorized to

15 transfer to the Government of Brazil the ‘‘Newport’’

16 class tank landing ship Peoria (LST 1183). Such

17 transfer shall be on a sale basis under section 21 of

18 the Arms Export Control Act (22 U.S.C. 2761).

19 (2) POLAND.—The President is authorized to

20 transfer to the Government of Poland the ‘‘Oliver

21 Hazard Perry’’ class guided missile frigate Wads22 worth (FFG 9). Such transfer shall be on a grant

23 basis under section 516 of the Foreign Assistance

24 Act of 1961 (22 U.S.C. 2321j).
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1 (3) TAIWAN.—The President is authorized to

2 transfer to the Taipai Economic and Cultural Rep3 resentative Office in the United States (which is the

4 Taiwan instrumentality designated pursuant to sec5 tion 10(a) of the Taiwan Relations Act) the ‘‘Kidd’’

6 class guided missile destroyers Kidd (DDG 993),

7 Callaghan (DDG 994), Scott (DDG 995), and Chan8 dler (DDG 996). Such transfers shall be on a sales

9 basis under section 21 of the Arms Export Control

10 Act (22 U.S.C. 2761).

11 (4) TURKEY.—The President is authorized to

12 transfer to the ‘‘Oliver Hazard Perry’’ class guided

13 missile frigates Estocin (FFG 15) and Samuel Eliot

14 Morrison (FFG 13). Each such transfer shall be on

15 a sale basis under section 21 of the Arms Export

16 Control Act (22 U.S.C. 2761). The President is fur17 ther authorized to transfer to the Government of

18 Turkey the ‘‘Knox’’ class frigates Capadanno (FF

19 1093), Thomas C. Hart (FF 1092), Donald B.

20 Beary (FF 1085), McCandless (FF 1084), Reasoner

21 (FF 1063), and Bowen (FF 1079). The transfer of

22 these 6 ‘‘Knox’’ class frigates shall be on a grant

23 basis under section 516 of the Foreign Assistance

24 Act of 1961 (22 U.S.C. 2321j).
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1 (b) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

2 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value

3 of a vessel transferred to another country on a grant basis

4 under section 516 of the Foreign Assistance Act of 1961

5 (22 U.S.C. 2321j) pursuant to authority provided by sub6 section (a) shall not be counted for the purposes of sub7 section (g) of that section in the aggregate value of excess

8 defense articles transferred to countries under that section

9 in any fiscal year.

10 (c) COSTS OF TRANSFERS.—Notwithstanding section

11 516(e)(1) of the Foreign Assistance Act of 1961 (22

12 U.S.C. 2321j(e)(1)), any expense incurred by the United

13 States in connection with a transfer authorized to be made

14 on a grant basis under subsection (a) shall be charged to

15 the recipient.

16 (d) REPAIR AND REFURBISHMENT IN UNITED

17 STATES SHIPYARDS.—To the maximum extent prac18 ticable, the President shall require, as a condition of the

19 transfer of a vessel under this section, that the country

20 to which the vessel is transferred have such repair or re21 furbishment of the vessel as is needed, before the vessel

22 joins the naval forces of that country, performed at a

23 United States Navy shipyard or other shipyard located in

24 the United States.
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1 (e) EXPIRATION OF AUTHORITY.—The authority pro2 vided under subsection (a) shall expire at the end of the

3 2-year period beginning on the date of the enactment of

4 this Act.

5 Subtitle D—Miscellaneous

6 Provisions

7 SEC. 861. ANNUAL FOREIGN MILITARY TRAINING REPORTS.

8 Section 656(a) of the Foreign Assistance Act of 1961

9 (22 U.S.C. 2416), is amended—

10 (1) by striking ‘‘Not later than January 31 of

11 each year,’’ and inserting ‘‘Upon written request by

12 the chairman or ranking member of the Committee

13 on International Relations of the House of Rep14 resentatives or the Committee on Foreign Relations

15 of the Senate,’’; and

16 (2) by inserting ‘‘of a country specified in the

17 request’’ after ‘‘personnel’’.

18 SEC. 862. REPORT RELATING TO INTERNATIONAL ARMS

19 SALES CODE OF CONDUCT.

20 Section 1262(c) of the Admiral James W. Nance and

21 Meg Donovan Foreign Relations Authorization Act, Fiscal

22 Years 2000 and 2001 (as enacted by section 1000(a)(7)

23 of Public Law 106–113; 113 Stat 1501A–508), is

24 amended—

25 (1) in paragraph (1)—
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1 (A) by striking ‘‘commencement of the ne2 gotiations under subsection (a),’’ and inserting

3 ‘‘date of the enactment of the Foreign Relations

4 Authorization Act, Fiscal Years 2002 and

5 2003,’’; and

6 (B) by striking ‘‘during these negotia7 tions.’’ and inserting ‘‘to begin negotiations and

8 any progress made to conclude an agreement

9 during negotiations.’’; and

10 (2) in paragraph (2), by striking ‘‘subsection

11 (a)’’ and inserting ‘‘subsection (b)’’.

12 SEC. 863. ASSISTANCE TO LEBANON.

13 (a) MILITARY ASSISTANCE.—Notwithstanding any

14 other provision of law, the President shall not provide as15 sistance under chapter 5 of part II of the Foreign Assist16 ance Act of 1961 (22 U.S.C. 2347 et seq.; relating to

17 international military education and training) to the

18 armed forces of the Government of Lebanon unless the

19 President certifies to the appropriate congressional com20 mittees that—

21 (1) the armed forces of Lebanon have been de22 ployed to the internationally recognized border be23 tween Lebanon and Israel; and
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1 (2) the Government of Lebanon is effectively

2 asserting its authority in the area in which such

3 forces have been deployed.

4 (b) ECONOMIC ASSISTANCE.—If the President has

5 not made the certification described in subsection (a) with6 in 6 months after the date of the enactment of this Act,

7 the President shall provide to the appropriate congres8 sional committees a plan to terminate assistance to Leb9 anon provided under chapter 4 of part II of the Foreign

10 Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating

11 to the economic support fund).

12 TITLE IX—IRAN NUCLEAR PRO13 LIFERATION PREVENTION

14 ACT OF 2001

15 SEC. 901. SHORT TITLE.

16 This title may be cited as the ‘‘Iran Nuclear Pro17 liferation Prevention Act of 2001’’.

18 SEC. 902. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS

19 TO THE INTERNATIONAL ATOMIC ENERGY

20 AGENCY FOR PROGRAMS AND PROJECTS IN

21 IRAN.

22 Section 307 of the Foreign Assistance Act of 1961

23 (22 U.S.C. 2227), is amended by adding at the end the

24 following:
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1 ‘‘(d) Notwithstanding subsection (c), the limitations

2 of subsection (a) shall apply to programs and projects of

3 the International Atomic Energy Agency in Iran, unless

4 the Secretary of State makes a determination in writing

5 to the Committee on International Relations of the House

6 of Representatives and the Committee on Foreign Rela7 tions of the Senate that such programs and projects are

8 consistent with United States nuclear nonproliferation and

9 safety goals, will not provide Iran with training or exper10 tise relevant to the development of nuclear weapons, and

11 are not being used as a cover for the acquisition of sen12 sitive nuclear technology. A determination made by the

13 Secretary of State under the preceding sentence shall be

14 effective for the 1-year period beginning on the date of

15 the determination.’’.

16 SEC. 903. ANNUAL REVIEW BY SECRETARY OF STATE OF

17 PROGRAMS AND PROJECTS OF THE INTER18 NATIONAL ATOMIC ENERGY AGENCY; UNITED

19 STATES OPPOSITION TO PROGRAMS AND

20 PROJECTS OF THE AGENCY IN IRAN.

21 (a) ANNUAL REVIEW.—

22 (1) IN GENERAL.—The Secretary of State shall

23 undertake a comprehensive annual review of all pro24 grams and projects of the International Atomic En25 ergy Agency in the countries described in section
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1 307(a) of the Foreign Assistance Act of 1961 (22

2 U.S.C. 2227(a)) and shall determine if such pro3 grams and projects are consistent with United

4 States nuclear nonproliferation and safety goals.

5 (2) REPORT.—Not later than 1 year after the

6 date of the enactment of this Act and on an annual

7 basis thereafter for 5 years, the Secretary shall pre8 pare and submit to the Congress a report containing

9 the results of the review under paragraph (1).

10 (b) OPPOSITION TO CERTAIN PROGRAMS AND

11 PROJECTS OF INTERNATIONAL ATOMIC ENERGY AGEN12 CY.—The Secretary of State shall direct the United States

13 representative to the International Atomic Energy Agency

14 to oppose programs of the Agency that are determined by

15 the Secretary under the review conducted under sub16 section (a)(1) to be inconsistent with nuclear nonprolifera17 tion and safety goals of the United States.

18 SEC. 904. REPORTING REQUIREMENTS.

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

20 date of the enactment of this Act and on an annual basis

21 thereafter for 5 years, the Secretary of State, in consulta22 tion with the United States representative to the Inter23 national Atomic Energy Agency, shall prepare and submit

24 to the Congress a report that—
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1 (1) describes the total amount of annual assist2 ance to Iran from the International Atomic Energy

3 Agency, a list of Iranian officials in leadership posi4 tions at the Agency, the expected timeframe for the

5 completion of the nuclear power reactors at the

6 Bushehr nuclear power plant, and a summary of the

7 nuclear materials and technology transferred to Iran

8 from the Agency in the preceding year which could

9 assist in the development of Iran’s nuclear weapons

10 program; and

11 (2) contains a description of all programs and

12 projects of the International Atomic Energy Agency

13 in each country described in section 307(a) of the

14 Foreign Assistance Act of 1961 (22 U.S.C. 2227(a))

15 and any inconsistencies between the technical co16 operation and assistance programs and projects of

17 the Agency and United States nuclear nonprolifera18 tion and safety goals in these countries.

19 (b) ADDITIONAL REQUIREMENT.—The report re20 quired to be submitted under subsection (a) shall be sub21 mitted in an unclassified form, to the extent appropriate,

22 but may include a classified annex.

23 SEC. 905. SENSE OF CONGRESS.

24 It is the sense of the Congress that the United States

25 Government should pursue internal reforms at the Inter-
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1 national Atomic Energy Agency that will ensure that all

2 programs and projects funded under the Technical Co3 operation and Assistance Fund of the Agency are compat4 ible with United States nuclear nonproliferation policy and

5 international nuclear nonproliferation norms.

6 TITLE X—EAST TIMOR TRANSI7 TION TO INDEPENDENCE ACT

8 OF 2001

9 SEC. 1001. SHORT TITLE.

10 This title may be cited as the ‘‘East Timor Transition

11 to Independence Act of 2001’’.

12 SEC. 1002. FINDINGS.

13 Congress makes the following findings:

14 (1) On August 30, 1999, the East Timorese

15 people voted overwhelmingly in favor of independ16 ence from Indonesia. Anti-independence militias,

17 with the support of the Indonesian military, at18 tempted to prevent then retaliated against this vote

19 by launching a campaign of terror and violence, dis20 placing 500,000 people and murdering at least

21 1,000 people.

22 (2) The violent campaign devastated East

23 Timor’s infrastructure, destroyed or severely dam24 aged 60 to 80 percent of public and private prop25 erty, and resulted in the collapse of virtually all
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1 vestiges of government, public services and public se2 curity.

3 (3) The Australian-led International Force for

4 East Timor (INTERFET) entered East Timor in

5 September 1999 and successfully restored order. On

6 October 25, 1999, the United Nations Transitional

7 Administration for East Timor (UNTAET) began to

8 provide overall administration of East Timor, guide

9 the people of East Timor in the establishment of a

10 new democratic government, and maintain security

11 and order.

12 (4) UNTAET and the East Timorese leader13 ship currently anticipate that East Timor will be14 come an independent nation as early as late 2001.

15 (5) East Timor is one of the poorest places in

16 Asia. A large percentage of the population live below

17 the poverty line, only 20 percent of East Timor’s

18 population is literate, most of East Timor’s people

19 remain unemployed, the annual per capita Gross Na20 tional Product is $340, and life expectancy is only

21 56 years.

22 (6) The World Bank and the United Nations

23 have estimated that it will require $300,000,000 in

24 development assistance over the next 3 years to meet

25 East Timor’s basic development needs.
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1 SEC. 1003. SENSE OF CONGRESS RELATING TO SUPPORT

2 FOR EAST TIMOR.

3 It is the sense of Congress that the United States

4 should—

5 (1) facilitate East Timor’s transition to inde6 pendence, support formation of broad-based democ7 racy in East Timor, help lay the groundwork for

8 East Timor’s economic recovery, and strengthen

9 East Timor’s security;

10 (2) help ensure that the nature and pace of the

11 economic transition in East Timor is consistent with

12 the needs and priorities of the East Timorese people,

13 that East Timor develops a strong and independent

14 economic infrastructure, and that the incomes of the

15 East Timorese people rise accordingly;

16 (3) begin to lay the groundwork, prior to East

17 Timor’s independence, for an equitable bilateral

18 trade and investment relationship;

19 (4)(A) recognize East Timor, and establish dip20 lomatic relations with East Timor, upon its inde21 pendence;

22 (B) ensure that a fully functioning, fully

23 staffed, adequately resourced, and securely main24 tained United States diplomatic mission is accred25 ited to East Timor upon its independence; and
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1 (C) in the period prior to East Timor’s inde2 pendence, ensure that the United States maintains

3 an adequate diplomatic presence in East Timor, with

4 resources sufficient to promote United States polit5 ical, security, and economic interests with East

6 Timor;

7 (5) support efforts by the United Nations and

8 East Timor to ensure justice and accountability re9 lated to past atrocities in East Timor through—

10 (A) United Nations investigations;

11 (B) development of East Timor’s judicial

12 system, including appropriate technical assist13 ance to East Timor from the Department of

14 Justice, the Federal Bureau of Investigation,

15 and the Drug Enforcement Administration;

16 (C) the possible establishment of an inter17 national tribunal for East Timor; and

18 (D) sharing with the United Nations Tran19 sitional Administration for East Timor

20 (UNTAET) and East Timorese investigators

21 any unclassified information relevant to past

22 atrocities in East Timor gathered by the United

23 States Government; and

24 (6)(A) as an interim step, support observer sta25 tus for an official delegation from East Timor to ob-
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1 serve and participate, as appropriate, in all delibera2 tions of the Asia-Pacific Economic Cooperation

3 (APEC) group, the Association of Southeast Asian

4 Nations (ASEAN), and other international institu5 tions; and

6 (B) after East Timor achieves independence,

7 support full membership for East Timor in these

8 and other international institutions, as appropriate.

9 SEC. 1004. BILATERAL ASSISTANCE.

10 (a) AUTHORITY.—The President, acting through the

11 Administrator of the United States Agency for Inter12 national Development, is authorized to—

13 (1) support the development of civil society, in14 cluding nongovernmental organizations in East

15 Timor;

16 (2) promote the development of an independent

17 news media;

18 (3) support job creation, including support for

19 small business and microenterprise programs, envi20 ronmental protection, sustainable development, de21 velopment of East Timor’s health care infrastruc22 ture, educational programs, and programs strength23 ening the role of women in society;

24 (4) promote reconciliation, conflict resolution,

25 and prevention of further conflict with respect to
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1 East Timor, including establishing accountability for

2 past gross human rights violations;

3 (5) support the voluntary and safe repatriation

4 and reintegration of refugees into East Timor; and

5 (6) support political party development, voter

6 education, voter registration, and other activities in

7 support of free and fair elections in East Timor.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—

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

10 appropriated to the President to carry out this sec11 tion $25,000,000 for fiscal year 2002.

12 (2) AVAILABILITY.—Amounts appropriated pur13 suant to the authorization of appropriations under

14 paragraph (1) are authorized to remain available

15 until expended.

16 SEC. 1005. MULTILATERAL ASSISTANCE.

17 The Secretary of the Treasury should instruct the

18 United States executive director at the International

19 Board for Reconstruction and Development and the Asian

20 Development Bank to use the voice, vote, and influence

21 of the United States to support economic and democratic

22 development in East Timor.

23 SEC. 1006. PEACE CORPS ASSISTANCE.

24 The Director of the Peace Corps is authorized to—
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1 (1) provide English language and other tech2 nical training for individuals in East Timor as well

3 as other activities which promote education, eco4 nomic development, and economic self-sufficiency;

5 and

6 (2) quickly address immediate assistance needs

7 in East Timor using the Peace Corps Crisis Corps,

8 to the extent practicable.

9 SEC. 1007. TRADE AND INVESTMENT ASSISTANCE.

10 (a) OPIC.—The President should initiate negotia11 tions with the Government of East Timor (after independ12 ence for East Timor)—

13 (1) to apply to East Timor the existing agree14 ment between the Overseas Private Investment Cor15 poration and Indonesia; or

16 (2) to enter into a new agreement authorizing

17 the Overseas Private Investment Corporation to

18 carry out programs with respect to East Timor,

19 in order to expand United States investment in East

20 Timor, emphasizing partnerships with local East Timorese

21 enterprises.

22 (b) TRADE AND DEVELOPMENT AGENCY.—

23 (1) IN GENERAL.—The Director of the Trade

24 and Development Agency is authorized to carry out
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1 projects in East Timor under section 661 of the

2 Foreign Assistance Act of 1961 (22 U.S.C. 2421).

3 (2) AUTHORIZATION OF APPROPRIATIONS.—

4 (A) IN GENERAL.—There are authorized to

5 be appropriated to the Trade and Development

6 Agency to carry out this subsection $1,000,000

7 for fiscal year 2002.

8 (B) AVAILABILITY.—Amounts appro9 priated pursuant to the authorization of appro10 priations under subparagraph (A) are author11 ized to remain available until expended.

12 (c) EXPORT-IMPORT BANK.—The Export-Import

13 Bank of the United States should expand its activities in

14 connection with exports to East Timor to the extent such

15 activities are requested and to the extent there is a reason16 able assurance of repayment.

17 SEC. 1008. GENERALIZED SYSTEM OF PREFERENCES.

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that the President should encourage the Government

20 of East Timor (after independence for East Timor) to

21 seek to become eligible for duty-free treatment under title

22 V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.; relat23 ing to generalized system of preferences).

24 (b) TECHNICAL ASSISTANCE.—The United States

25 Trade Representative and the Commissioner of the United
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1 States Customs Service are authorized to provide technical

2 assistance to the Government of East Timor (after inde3 pendence for East Timor) in order to assist East Timor

4 to become eligible for duty-free treatment under title V

5 of the Trade Act of 1974.

6 SEC. 1009. BILATERAL INVESTMENT TREATY.

7 It is the sense of Congress that the President should

8 seek to enter into a bilateral investment treaty with the

9 Government of East Timor (after independence for East

10 Timor) in order to establish a more stable legal framework

11 for United States investment in East Timor.

12 SEC. 1010. PLAN FOR ESTABLISHMENT OF DIPLOMATIC FA13 CILITIES IN EAST TIMOR.

14 (a) DEVELOPMENT OF DETAILED PLAN.—The Sec15 retary of State shall develop a detailed plan for the official

16 establishment of a United States diplomatic mission to

17 East Timor, with a view to—

18 (1) recognize East Timor, and establish diplo19 matic relations with East Timor, upon its independ20 ence;

21 (2) ensure that a fully functioning, fully staffed,

22 adequately resourced, and securely maintained

23 United States diplomatic mission is accredited to

24 East Timor upon its independence; and
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1 (3) in the period prior to East Timor’s inde2 pendence, ensure that the United States maintains

3 an adequate diplomatic presence in East Timor, with

4 resources sufficient to promote United States polit5 ical, security, and economic interests with East

6 Timor.

7 (b) REPORT.—

8 (1) IN GENERAL.—Not later than 3 months

9 after the date of the enactment of this Act, the Sec10 retary of State shall submit to the Committee on

11 International Relations of the House of Representa12 tives and the Committee on Foreign Relations of the

13 Senate a report that contains the detailed plan de14 scribed in subsection (a), including a timetable for

15 the official opening of a facility in Dili, East Timor,

16 the personnel requirements for the mission, the esti17 mated costs for establishing the facility, and its se18 curity requirements.

19 (2) FORM OF REPORT.—The report submitted

20 under this subsection shall be in unclassified form,

21 with a classified annex as necessary.

22 (c) CONSULTATION.—Beginning 6 months after the

23 submission of the report under subsection (b), and every

24 6 months thereafter until January 1, 2004, the Secretary

25 of State shall consult with the chairmen and ranking mem-
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1 bers of the committees specified in that paragraph on the

2 status of the implementation of the detailed plan described

3 in subsection (a), including any revisions to the plan (in4 cluding its timetable, costs, or requirements).

5 SEC. 1011. SECURITY ASSISTANCE FOR EAST TIMOR.

6 (a) STUDY AND REPORT.—

7 (1) STUDY.—The President shall conduct a

8 study to determine—

9 (A) the extent to which East Timor’s secu10 rity needs can be met by the transfer of excess

11 defense articles under section 516 of the For12 eign Assistance Act of 1961;

13 (B) the extent to which international mili14 tary education and training (IMET) assistance

15 will enhance professionalism of the armed

16 forces of East Timor, provide training in

17 human rights, and promote respect for human

18 rights and humanitarian law; and

19 (C) the terms and conditions under which

20 such defense articles or training, as appro21 priate, should be provided.

22 (2) REPORT.—Not later than 3 months after

23 the date of the enactment of this Act, the President

24 shall transmit to the Committee on Foreign Rela25 tions and the Committee on Appropriations of the
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1 Senate and the Committee on International Rela2 tions and the Committee on Appropriations of the

3 House of Representatives a report that contains the

4 findings of the study conducted under paragraph

5 (1).

6 (b) AUTHORIZATION OF ASSISTANCE.—

7 (1) IN GENERAL.—Beginning on the date on

8 which Congress receives the report transmitted

9 under subsection (a), or the date on which Congress

10 receives the certification transmitted under para11 graph (2), whichever occurs later, the President is

12 authorized—

13 (A) to transfer excess defense articles

14 under section 516 of the Foreign Assistance

15 Act of 1961 (22 U.S.C. 2321j) to East Timor

16 in accordance with such section; and

17 (B) to provide military education and

18 training under chapter 5 of part II of such Act

19 (22 U.S.C. 2347 et seq.) for the armed forces

20 of East Timor in accordance with such chapter.

21 (2) CERTIFICATION.—A certification described

22 in this paragraph is a certification that—

23 (A) East Timor has established an inde24 pendent armed forces; and
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1 (B) the assistance proposed to be provided

2 pursuant to paragraph (1)—

3 (i) is in the national security interests

4 of the United States; and

5 (ii) will promote both human rights in

6 East Timor and the professionalization of

7 the armed forces of East Timor.

8 SEC. 1012. AUTHORITY FOR RADIO BROADCASTING.

9 The Broadcasting Board of Governors is authorized

10 to further the communication of information and ideas

11 through the increased use of audio broadcasting to East

12 Timor to ensure that radio broadcasting to that country

13 serves as a consistently reliable and authoritative source

14 of accurate, objective, and comprehensive news.

15 SEC. 1013. CONSULTATION REQUIREMENT.

16 (a) IN GENERAL.—Not later than 6 months after the

17 date of the enactment of this Act, and every 6 months

18 thereafter until January 1, 2004, the Secretary of State,

19 in coordination with the Administrator of the United

20 States Agency for International Development, the Sec21 retary of the Treasury, the United States Trade Rep22 resentative, the Secretary of Commerce, the Overseas Pri23 vate Investment Corporation, the Director of the Trade

24 and Development Agency, the President of the Export-Im25 port Bank of the United States, the Secretary of Agri-
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1 culture, and the Director of the Peace Corps, shall consult

2 with the Chairman and ranking member of the Committee

3 on International Relations of the House of Representa4 tives and the Committee on Foreign Relations of the Sen5 ate concerning the information described in subsection (b).

6 (b) INFORMATION.—The information described in

7 this subsection includes—

8 (1) developments in East Timor’s political and

9 economic situation in the period covered by the re10 port, including an evaluation of any elections occur11 ring in East Timor and the refugee reintegration

12 process in East Timor;

13 (2)(A) in the initial consultation, a 2-year plan

14 for United States foreign assistance to East Timor

15 in accordance with section 904, prepared by the Ad16 ministrator of the United States Agency for Inter17 national Development, which outlines the goals for

18 United States foreign assistance to East Timor dur19 ing the 2-year period; and

20 (B) in each subsequent consultation, a descrip21 tion in detail of the expenditure of United States bi22 lateral foreign assistance during the period covered

23 by each such consultation;

24 (3) a description of the activities undertaken in

25 East Timor by the International Bank for Recon-
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1 struction and Development, the Asian Development

2 Bank, and other international financial institutions,

3 and an evaluation of the effectiveness of these activi4 ties;

5 (4) an assessment of—

6 (A) the status of United States trade and

7 investment relations with East Timor, including

8 a detailed analysis of any trade and investment9 related activity supported by the Overseas Pri10 vate Investment Corporation, the Export-Im11 port Bank of the United States, and the Trade

12 and Development Agency during the period of

13 time since the previous consultation; and

14 (B) the status of any negotiations with the

15 United Nations Transitional Administration for

16 East Timor (UNTAET) or East Timor to fa17 cilitate the operation of the United States trade

18 agencies in East Timor;

19 (5) the nature and extent of United States-East

20 Timor cultural, education, scientific, and academic

21 exchanges, both official and unofficial, and any

22 Peace Corps activities;

23 (6) a description of local agriculture in East

24 Timor, emerging opportunities for producing, proc25 essing, and exporting indigenous agricultural prod-
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1 ucts, and recommendations for appropriate technical

2 assistance from the United States; and

3 (7) statistical data drawn from other sources on

4 economic growth, health, education, and distribution

5 of resources in East Timor.

6 TITLE XI—FREEDOM

7 INVESTMENT ACT OF 2001

8 SEC. 1101. SHORT TITLE.

9 This title may be cited as the ‘‘Freedom Investment

10 Act of 2001’’.

11 SEC. 1102. FINDINGS.

12 Congress finds the following:

13 (1) Supporting human rights is in the national

14 interests of the United States and is consistent with

15 American values and beliefs.

16 (2) Defenders of human rights are changing

17 our world in many ways, including protecting free18 dom and dignity, religious liberty, the rights of

19 women and children, freedom of the press, the rights

20 of workers, the environment, and the human rights

21 of all persons.

22 (3) The United States must match its rhetoric

23 on human rights with action and with sufficient re24 sources to provide meaningful support for human

25 rights and for the defenders of human rights.
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1 (4) Providing one percent of amounts available

2 annually for foreign affairs operations for human

3 rights activities, including human rights monitoring,

4 would be a minimal investment in protecting human

5 rights around the world.

6 (5) The Department of State should have indi7 viduals in positions in foreign countries that are des8 ignated for monitoring human rights activities and

9 developments in such countries, including the moni10 toring of arms exports.

11 SEC. 1103. SALARIES AND EXPENSES OF THE BUREAU OF

12 DEMOCRACY, HUMAN RIGHTS, AND LABOR.

13 For fiscal year 2004 and each fiscal year thereafter,

14 not less than 1 percent of the amounts made available to

15 the Department of State under the heading ‘‘Diplomatic

16 and Consular Programs’’, other than amounts made avail17 able for worldwide security upgrades and information re18 source management, are authorized to be made available

19 only for salaries and expenses of the Bureau of Democ20 racy, Human Rights, and Labor, including funding of po21 sitions at United States missions abroad that are pri22 marily dedicated to following human rights developments

23 in foreign countries and that are assigned at the rec24 ommendation of such Bureau in conjunction with the rel25 evant regional bureau.
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1 SEC. 1104. HUMAN RIGHTS AND DEMOCRACY FUND.

2 (a) ESTABLISHMENT OF FUND.—There is estab3 lished a Human Rights and Democracy Fund (hereinafter

4 in this section referred to as the ‘‘Fund’’) to be adminis5 tered by the Assistant Secretary for Democracy, Human

6 Rights and Labor.

7 (b) PURPOSES OF FUND.—The purposes of the Fund

8 are—

9 (1) to support defenders of human rights;

10 (2) to assist the victims of human rights viola11 tions;

12 (3) to respond to human rights emergencies;

13 (4) to promote and encourage the growth of de14 mocracy, including the support for nongovernmental

15 organizations in other countries; and

16 (5) to carry out such other related activities as

17 are consistent with paragraphs (1) through (4).

18 (c) FUNDING.—Of the amounts made available to

19 carry out chapter 1 and chapter 10 of part I of the For20 eign Assistance Act of 1961 and chapter 4 of part II of

21 such Act for each of the fiscal years 2002, 2003, and

22 2004, $27,000,000 for each such fiscal year is authorized

23 to be made available only to the Fund for carrying out

24 the purposes described in subsection (b).
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1 SEC. 1105. REPORTS ON ACTIONS TAKEN BY THE UNITED

2 STATES TO ENCOURAGE RESPECT FOR

3 HUMAN RIGHTS.

4 (a) SECTION 116 REPORT.—Section 116(d) of the

5 Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)), is

6 amended—

7 (1) in paragraph (7), by striking ‘‘and’’ at the

8 end and inserting a semicolon;

9 (2) in paragraph (8), by striking the period at

10 the end and inserting ‘‘; and’’; and

11 (3) by adding at the end the following:

12 ‘‘(9) for each country with respect to which a

13 determination has been made that extrajudicial

14 killings, torture, or other serious violations of human

15 rights have occurred in the country, the extent to

16 which the United States has taken or will take ac17 tion to encourage an end to such practices in the

18 country.’’.

19 (b) SECTION 502B REPORT.—Section 502B(b) of the

20 Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)), is

21 amended by inserting after the 4th sentence the following:

22 ‘‘Such report shall also include, for each country with re23 spect to which a determination has been made that

24 extrajudicial killings, torture, or other serious violations

25 of human rights have occurred in the country, the extent
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1 to which the United States has taken or will take action

2 to encourage an end to such practices in the country.’’.

Passed the House of Representatives May 16, 2001.

Attest:

Clerk.
107TH CONGRESS

1ST SESSION H. R. 1646

AN ACT

To authorize appropriations for the Department of

State for fiscal years 2002 and 2003, and forother purposes.