IB

Union Calendar No. 34

107TH CONGRESS

1ST SESSION H. R. 1646

[Report No. 107–57]

To authorize appropriations for the Department of State for fiscal years

2002 and 2003, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 27, 2001

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

was referred to the Committee on International Relations

MAY 4, 2001

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on April 27, 2001]

A BILL

To authorize appropriations for the Department of State

for fiscal years 2002 and 2003, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

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

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

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

TITLE I—AUTHORIZATIONS OF APPROPRIATIONS

Subtitle A—Department of State

Sec. 101. Administration of foreign affairs.

Sec. 102. 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.

Subtitle C—Global Democracy Promotion Act of 2001

Sec. 131. Short title.

Sec. 132. Findings.

Sec. 133. Assistance for foreign nongovernmental organizations under part I of

the Foreign Assistance Act of 1961.

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.

Subtitle B—Consular Authorities

Sec. 231. Machine readable visas.

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

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

Sec. 234. Processing of visa applications.
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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.

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.

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.
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TITLE VI—INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

Sec. 601. United Nations arrears payments and reform.

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

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

Rights Commission.

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

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

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

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.

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.
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TITLE VIII—SECURITY ASSISTANCE

Sec. 801. Short title.

Subtitle A—Military and Related Assistance

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.

1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional commit5 tees’’ means the Committee on International Relations
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1 of the House of Representatives and the Committee

2 on Foreign Relations of the Senate.

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

4 means the Department of State.

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

6 the Secretary of State.

7 TITLE I—AUTHORIZATIONS OF

8 APPROPRIATIONS

9 Subtitle A—Department of State

10 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

11 The following amounts are authorized to be appro12 priated for the Department of State under ‘‘Administration

13 of Foreign Affairs’’ to carry out the authorities, functions,

14 duties, and responsibilities in the conduct of the foreign af15 fairs of the United States and for other purposes authorized

16 by law, including public diplomacy activities and the diplo17 matic security program:

18 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

19 (A) AUTHORIZATION OF APPROPRIA20 TIONS.—For ‘‘Diplomatic and Consular Pro21 grams’’ of the Department of State,

22 $3,705,140,000 for the fiscal year 2002 and such

23 sums as may be necessary for the fiscal year

24 2003.

25 (B) LIMITATIONS.—
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1 (i) WORLDWIDE SECURITY UP2 GRADES.—Of the amounts authorized to be

3 appropriated by subparagraph (A),

4 $487,735,000 for the fiscal year 2002 and

5 such sums as may be necessary for the fiscal

6 year 2003 are authorized to be appropriated

7 only for worldwide security upgrades.

8 (ii) BUREAU OF DEMOCRACY, HUMAN

9 RIGHTS, AND LABOR.—Of the amounts au10 thorized to be appropriated by subpara11 graph (A), $16,000,000 for the fiscal year

12 2002 and $20,000,000 for the fiscal year

13 2003 are authorized to be appropriated only

14 for salaries and expenses of the Bureau of

15 Democracy, Human Rights, and Labor.

16 (iii) RECRUITMENT OF MINORITY

17 GROUPS.—Of the amounts authorized to be

18 appropriated by subparagraph (A),

19 $2,000,000 for the fiscal year 2002 and

20 $2,000,000 for the fiscal year 2003 are au21 thorized to be appropriated only for the re22 cruitment of members of minority groups

23 for careers in the Foreign Service and inter24 national affairs.
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1 (iv) MOBILE LIBRARY FOR UNITED

2 STATES INTERESTS SECTION IN CUBA.—Of

3 the amounts authorized to be appropriated

4 by subparagraph (A), $70,000 for the fiscal

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

6 2003 are authorized to be appropriated only

7 for the establishment and operation of a mo8 bile library at the United States Interests

9 Section in Cuba primarily for use by dis10 sidents and democracy activists in Cuba.

11 (2) CAPITAL INVESTMENT FUND.—For ‘‘Capital

12 Investment Fund’’ of the Department of State,

13 $210,000,000 for the fiscal year 2002 and such sums

14 as may be necessary for the fiscal year 2003.

15 (3) EMBASSY SECURITY, CONSTRUCTION AND

16 MAINTENANCE.—In addition to amounts otherwise

17 authorized to be appropriated for ‘‘Embassy Security,

18 Construction and Maintenance’’ by section 604 of the

19 Admiral James W. Nance and Meg Donovan Foreign

20 Relations Authorization Act, Fiscal Years 2000 and

21 2001 (section 604 of division A of H.R. 3427, as en22 acted into law by section 1000(a)(7) of Public Law

23 106–113; appendix G; 113 Stat. 1501A–470), there

24 are authorized to be appropriated for ‘‘Embassy Secu25 rity, Construction and Maintenance’’, $475,046,000
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1 for the fiscal year 2002 and such sums as may be nec2 essary for the fiscal year 2003.

3 (4) REPRESENTATION ALLOWANCES.—For ‘‘Rep4 resentation Allowances’’, $9,000,000 for the fiscal year

5 2002 and $9,000,000 for the fiscal year 2003.

6 (5) EMERGENCIES IN THE DIPLOMATIC AND CON7 SULAR SERVICE.—For ‘‘Emergencies in the Diplo8 matic and Consular Service’’, $15,500,000 for the fis9 cal year 2002 and $15,500,000 for the fiscal year

10 2003.

11 (6) OFFICE OF THE INSPECTOR GENERAL.—For

12 ‘‘Office of the Inspector General’’, $29,264,000 for the

13 fiscal year 2002 and such sums as may be necessary

14 for the fiscal year 2003.

15 (7) PAYMENT TO THE AMERICAN INSTITUTE IN

16 TAIWAN.—For ‘‘Payment to the American Institute in

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

18 such sums as may be necessary for the fiscal year

19 2003.

20 (8) PROTECTION OF FOREIGN MISSIONS AND OF21 FICIALS.—

22 (A) AMOUNTS AUTHORIZED TO BE APPRO23 PRIATED.—For ‘‘Protection of Foreign Missions

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

25 2002 and $10,000,000 for the fiscal year 2003.
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1 (B) AVAILABILITY OF FUNDS.—Each

2 amount appropriated pursuant to this para3 graph is authorized to remain available through

4 September 30 of the fiscal year following the fis5 cal year for which the amount was appropriated.

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

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

8 $1,219,000 for the fiscal year 2003, for administrative

9 expenses.

10 SEC. 102. INTERNATIONAL COMMISSIONS.

11 The following amounts are authorized to be appro12 priated under ‘‘International Commissions’’ for the Depart13 ment of State to carry out the authorities, functions, duties,

14 and responsibilities in the conduct of the foreign affairs of

15 the United States and for other purposes authorized by law:

16 (1) INTERNATIONAL BOUNDARY AND WATER COM17 MISSION, UNITED STATES AND MEXICO.—For ‘‘Inter18 national Boundary and Water Commission, United

19 States and Mexico’’—

20 (A) for ‘‘Salaries and Expenses’’,

21 $7,452,000 for the fiscal year 2002 and such

22 sums as may be necessary for the fiscal year

23 2003; and
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1 (B) for ‘‘Construction’’, $25,654,000 for the

2 fiscal year 2002 and such sums as may be nec3 essary for the fiscal year 2003.

4 (2) INTERNATIONAL BOUNDARY COMMISSION,

5 UNITED STATES AND CANADA.—For ‘‘International

6 Boundary Commission, United States and Canada’’,

7 $989,000 for the fiscal year 2002 and such sums as

8 may be necessary for the fiscal year 2003.

9 (3) INTERNATIONAL JOINT COMMISSION.—For

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

11 fiscal year 2002 and such sums as may be necessary

12 for the fiscal year 2003.

13 (4) INTERNATIONAL FISHERIES COMMISSIONS.—

14 For ‘‘International Fisheries Commissions’’,

15 $19,780,000 for the fiscal year 2002 and such sums

16 as may be necessary for the fiscal year 2003.

17 SEC. 103. UNITED STATES EDUCATIONAL AND CULTURAL

18 PROGRAMS.

19 The following amounts are authorized to be appro20 priated for the Department of State to carry out inter21 national activities and educational and cultural exchange

22 programs under the United States Information and Edu23 cational Exchange Act of 1948, the Mutual Educational

24 and Cultural Exchange Act of 1961, Reorganization Plan

25 Number 2 of 1977, the Center for Cultural and Technical
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1 Interchange Between East and West Act of 1960, the Dante

2 B. Fascell North-South Center Act of 1991, and the Na3 tional Endowment for Democracy Act, and to carry out

4 other authorities in law consistent with such purposes:

5 (1) EDUCATIONAL AND CULTURAL EXCHANGE

6 PROGRAMS.—

7 (A) FULBRIGHT ACADEMIC EXCHANGE PRO8 GRAMS.—

9 (i) IN GENERAL.—For the ‘‘Fulbright

10 Academic Exchange Programs’’ (other than

11 programs described in subparagraph (B)),

12 $125,000,000 for the fiscal year 2002 and

13 such sums as may be necessary for the fiscal

14 year 2003.

15 (ii) NEW CENTURY SCHOLARS INITIA16 TIVE—HIV/AIDS.—Of the amounts author17 ized to be appropriated under clause (i), up

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

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

20 are authorized to be available only for HIV/

21 AIDS research and mitigation strategies

22 under the Health Issues in a Border-Less

23 World academic program of the New Cen24 tury Scholars Initiative.
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1 (iii) TIBETAN EXCHANGES.—Of the

2 amounts authorized to be appropriated

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

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

5 2003 are authorized to be available for

6 ‘‘Ngawang Choephel Exchange Programs’’

7 (formerly known as educational and cul8 tural exchanges with Tibet) under section

9 103(a) of the Human Rights, Refugee, and

10 Other Foreign Relations Provisions Act of

11 1996 (Public Law 104–319).

12 (B) OTHER EDUCATIONAL AND CULTURAL

13 EXCHANGE PROGRAMS.—

14 (i) IN GENERAL.—For other edu15 cational and cultural exchange programs

16 authorized by law, $117,000,000 for the fis17 cal year 2002 and such sums as may be

18 necessary for the fiscal year 2003.

19 (ii) SOUTH PACIFIC EXCHANGES.—Of

20 the amounts authorized to be appropriated

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

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

23 2003 are authorized to be available for

24 ‘‘South Pacific Exchanges’’.
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1 (iii) EAST TIMORESE SCHOLAR2 SHIPS.—Of the amounts authorized to be

3 appropriated under clause (i), $500,000 for

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

5 fiscal year 2003 are authorized to be avail6 able for ‘‘East Timorese Scholarships’’.

7 (iv) AFRICAN EXCHANGES.—Of the

8 amounts authorized to be appropriated

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

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

11 2003 are authorized to be available only for

12 ‘‘Educational and Cultural Exchanges with

13 Sub-Saharan Africa’’.

14 (v) ISRAEL-ARAB PEACE PARTNERS

15 PROGRAM.—Of the amounts authorized to be

16 appropriated under clause (i), $750,000 for

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

18 fiscal year 2003 are authorized to be avail19 able only for people-to-people activities

20 (with a focus on young people) to support

21 the Middle East peace process involving

22 participants from Israel, the Palestinian

23 Authority, Arab countries, and the United

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

25 Peace Partners Program’’.
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1 (vi) SUDANESE SCHOLARSHIPS.—Of

2 the amounts authorized to be appropriated

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

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

5 2003 are authorized to be available only for

6 scholarships for students from southern

7 Sudan for secondary or postsecondary edu8 cation in the United States, to be known as

9 ‘‘Sudanese Scholarships’’.

10 (2) NATIONAL ENDOWMENT FOR DEMOCRACY.—

11 For the ‘‘National Endowment for Democracy’’,

12 $36,000,000 for the fiscal year 2002 and $40,000,000

13 for the fiscal year 2003.

14 (3) REAGAN-FASCELL DEMOCRACY FELLOWS.—

15 For a fellowship program, to be known as the

16 ‘‘Reagan-Fascell Democracy Fellows’’, for democracy

17 activists and scholars from around the world at the

18 International Forum for Democratic Studies in

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

20 views with other activists and scholars and with

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

22 $1,000,000 for the fiscal year 2003.

23 (4) DANTE B. FASCELL NORTH-SOUTH CEN24 TER.—For ‘‘Dante B. Fascell North-South Center’’
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1 $4,000,000 for the fiscal year 2002 and $4,000,000

2 for the fiscal year 2003.

3 (5) CENTER FOR CULTURAL AND TECHNICAL

4 INTERCHANGE BETWEEN EAST AND WEST.—For the

5 ‘‘Center for Cultural and Technical Interchange be6 tween East and West’’, $13,500,000 for the fiscal year

7 2002 and $13,500,000 for the fiscal year 2003.

8 SEC. 104. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA9 TIONS.

10 (a) AUTHORIZATION OF APPROPRIATIONS.—

11 (1) IN GENERAL.—There are authorized to be ap12 propriated under the heading ‘‘Contributions to Inter13 national Organizations’’ $944,067,000 for the fiscal

14 year 2002 and such sums as may be necessary for the

15 fiscal year 2003 for the Department of State to carry

16 out the authorities, functions, duties, and responsibil17 ities in the conduct of the foreign affairs of the United

18 States with respect to international organizations and

19 to carry out other authorities in law consistent with

20 such purposes.

21 (2) UNESCO.—

22 (A) Of the amounts authorized to be

23 appropriated under paragraph (1),

24 $59,800,000 for the fiscal year 2002 and

25 $59,800,000 for the fiscal year 2003 is au-
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1 thorized to be appropriated only for pay2 ment of assessed contributions of the United

3 States to the United Nations Educational,

4 Scientific and Cultural Organization

5 (UNESCO).

6 (B) Of the amounts authorized to be

7 appropriated under paragraph (1) for the

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

9 be appropriated only for payments to the

10 UNESCO Working Capital Fund.

11 (b) AVAILABILITY OF FUNDS FOR CIVIL BUDGET OF

12 NATO.—Of the amounts authorized to be appropriated

13 under the heading ‘‘Contributions to International Organi14 zations’’ for fiscal year 2002 and for each fiscal year there15 after such sums as may be necessary are authorized for the

16 United States assessment for the civil budget of the North

17 Atlantic Treaty Organization.

18 (c) PROHIBITION ON FUNDING OTHER FRAMEWORK

19 TREATY-BASED ORGANIZATIONS.—None of the funds made

20 available for the 2002–2003 biennium budget under sub21 section (a) for United States contributions to the regular

22 budget of the United Nations shall be available for the

23 United States proportionate share of any other framework

24 treaty-based organization, including the Framework Con-
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1 vention on Global Climate Change, the International Sea2 bed Authority, and the International Criminal Court.

3 (d) FOREIGN CURRENCY EXCHANGE RATES.—

4 (1) AUTHORIZATION OF APPROPRIATIONS.—In

5 addition to amounts authorized to be appropriated by

6 subsection (a), there are authorized to be appropriated

7 such sums as may be necessary for each of fiscal years

8 2002 and 2003 to offset adverse fluctuations in for9 eign currency exchange rates.

10 (2) AVAILABILITY OF FUNDS.—Amounts appro11 priated under this subsection shall be available for ob12 ligation and expenditure only to the extent that the

13 Director of the Office of Management and Budget de14 termines and certifies to Congress that such amounts

15 are necessary due to such fluctuations.

16 (e) REFUND OF EXCESS CONTRIBUTIONS.—The

17 United States shall continue to insist that the United Na18 tions and its specialized and affiliated agencies shall credit

19 or refund to each member of the agency concerned its pro20 portionate share of the amount by which the total contribu21 tions to the agency exceed the expenditures of the regular

22 assessed budgets of these agencies.
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1 SEC. 105. CONTRIBUTIONS FOR INTERNATIONAL PEACE2 KEEPING ACTIVITIES.

3 There are authorized to be appropriated under the

4 heading ‘‘Contributions for International Peacekeeping Ac5 tivities’’ $844,139,000 for the fiscal year 2002 and such

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

7 Department of State to carry out the authorities, functions,

8 duties, and responsibilities in the conduct of the foreign af9 fairs of the United States with respect to international

10 peacekeeping activities and to carry out other authorities

11 in law consistent with such purposes.

12 SEC. 106. GRANTS TO THE ASIA FOUNDATION.

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

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

15 as follows:

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

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

18 2002 and $15,000,000 for the fiscal year 2003 for grants

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

20 SEC. 107. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL

21 ORGANIZATIONS.

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There are

23 authorized to be appropriated for the Department of State

24 for ‘‘Voluntary Contributions to International Organiza25 tions’’, $186,000,000 for the fiscal year 2002 and such sums

26 as may be necessary for the fiscal year 2003.
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1 (b) LIMITATIONS ON AUTHORIZATIONS OF APPROPRIA2 TIONS.—

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

4 authorized to be appropriated under subsection (a),

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

6 the fiscal year 2003 are authorized to be appropriated

7 only for a United States contribution to the World

8 Food Program.

9 (2) UNITED NATIONS VOLUNTARY FUND FOR VIC10 TIMS OF TORTURE.—Of the amounts authorized to be

11 appropriated under subsection (a), $5,000,000 for the

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

13 2003 are authorized to be appropriated only for a

14 United States contribution to the United Nations Vol15 untary Fund for Victims of Torture.

16 (3) ORGANIZATION OF AMERICAN STATES.—Of

17 the amounts authorized to be appropriated under sub18 section (a), $240,000 for the fiscal year 2002 and

19 $240,000 for the fiscal year 2003 are authorized to be

20 appropriated only for a United States contribution to

21 the Organization of American States for the Office of

22 the Special Rapporteur for Freedom of Expression in

23 the Western Hemisphere, solely for the purpose of con24 ducting investigations, including field visits, to estab25 lish a network of nongovernmental organizations, and
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1 to hold hemispheric conferences, of which $6,000 for

2 each fiscal year is authorized to be appropriated only

3 for the investigation and dissemination of informa4 tion on violations of freedom of expression by the Gov5 ernment of Cuba, $6,000 for each fiscal year is au6 thorized to be appropriated only for the investigation

7 and dissemination of information on violations of

8 freedom of expression by the Government of Peru,

9 $6,000 for each fiscal year is authorized to be appro10 priated only for the investigation and dissemination

11 of information on violations of freedom of expression

12 by the Government of Colombia, and $6,000 for each

13 fiscal year is authorized to be appropriated only for

14 the investigation and dissemination of information on

15 violations of freedom of expression by the Government

16 of Haiti.

17 (c) RESTRICTIONS ON UNITED STATES VOLUNTARY

18 CONTRIBUTIONS TO UNITED NATIONS DEVELOPMENT PRO19 GRAM.—

20 (1) LIMITATION.—Of the amounts made avail21 able under subsection (a) for each of the fiscal years

22 2002 and 2003 for United States voluntary contribu23 tions to the United Nations Development Program an

24 amount equal to the amount the United Nations De25 velopment Program will spend in Burma during each
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1 fiscal year shall be withheld unless during such fiscal

2 year the Secretary of State submits to the appropriate

3 congressional committees the certification described in

4 paragraph (2).

5 (2) CERTIFICATION.—The certification referred

6 to in paragraph (1) is a certification by the Secretary

7 of State that all programs and activities of the

8 United Nations Development Program (including

9 United Nations Development Program—Administered

10 Funds) in Burma—

11 (A) are focused on eliminating human suf12 fering and addressing the needs of the poor;

13 (B) are undertaken only through inter14 national or private voluntary organizations that

15 have been deemed independent of the State Peace

16 and Development Council (SPDC) (formerly

17 known as the State Law and Order Restoration

18 Council (SLORC)), after consultation with the

19 leadership of the National League for Democracy

20 and the leadership of the National Coalition

21 Government of the Union of Burma;

22 (C) provide no financial, political, or mili23 tary benefit to the SPDC; and

24 (D) are carried out only after consultation

25 with the leadership of the National League for
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1 Democracy and the leadership of the National

2 Coalition Government of the Union of Burma.

3 (d) UNICEF.—There is authorized to be appropriated

4 $120,000,000 for the fiscal year 2002 for a United States

5 voluntary contribution to UNICEF.

6 (e) ORGANIZATIONS AND PROGRAMS THAT SUPPORT

7 COERCIVE ABORTION OR INVOLUNTARY STERILIZATION.—

8 None of the funds authorized to be appropriated by this Act

9 may be made available to any organization or program

10 which, as determined by the President of the United States,

11 supports, or participates in the management of, a program

12 of coercive abortion or involuntary sterilization.

13 (f) AVAILABILITY OF FUNDS.—Amounts authorized to

14 be appropriated under subsection (a) are authorized to re15 main available until expended.

16 SEC. 108. MIGRATION AND REFUGEE ASSISTANCE.

17 (a) MIGRATION AND REFUGEE ASSISTANCE.—

18 (1) AUTHORIZATION OF APPROPRIATIONS.—

19 There are authorized to be appropriated for the De20 partment of State for ‘‘Migration and Refugee Assist21 ance’’ for authorized activities, $817,000,000 for the

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

23 2003.

24 (2) LIMITATIONS.—
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1 (A) TIBETAN REFUGEES IN INDIA AND

2 NEPAL.—Of the amounts authorized to be appro3 priated in paragraph (1), $2,000,000 for the fis4 cal year 2002 and $2,000,000 for the fiscal year

5 2003 are authorized to be available for humani6 tarian assistance, including food, medicine,

7 clothing, and medical and vocational training,

8 to Tibetan refugees in India and Nepal who have

9 fled Chinese-occupied Tibet.

10 (B) REFUGEES RESETTLING IN ISRAEL.—Of

11 the amounts authorized to be appropriated in

12 paragraph (1), $60,000,000 for the fiscal year

13 2002 and $60,000,000 for the fiscal year 2003

14 are authorized to be available only for assistance

15 for refugees resettling in Israel from other coun16 tries.

17 (C) HUMANITARIAN ASSISTANCE FOR DIS18 PLACED BURMESE.—Of the amounts authorized

19 to be appropriated in paragraph (1), $2,000,000

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

21 fiscal year 2003 are authorized to be available

22 for humanitarian assistance (including food,

23 medicine, clothing, and medical and vocational

24 training) to persons displaced as a result of civil
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1 conflict in Burma, including persons still within

2 Burma.

3 (b) AVAILABILITY OF FUNDS.—Funds appropriated

4 pursuant to this section are authorized to remain available

5 until expended.

6 Subtitle B—United States Inter7 national Broadcasting Activities

8 SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.

9 (a) IN GENERAL.—The following amounts are author10 ized to be appropriated to carry out the United States

11 International Broadcasting Act of 1994, the Radio Broad12 casting to Cuba Act, and the Television Broadcasting to

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

15 (1) INTERNATIONAL BROADCASTING OPER16 ATIONS.—

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

18 Broadcasting Operations’’, $428,234,000 for the

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

21 (B) LIMITATIONS.—

22 (i) TRANSMISSION FACILITIES IN

23 BELIZE.—Of the amounts authorized to be

24 appropriated under subparagraph (A),

25 $750,000 for the fiscal year 2002 is author-
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1 ized to be appropriated only for enhance2 ments to and costs of transmission from the

3 facilities in Belize.

4 (ii) RADIO FREE ASIA.—Of the

5 amounts authorized to be appropriated

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

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

8 fiscal year 2003 are authorized to be appro9 priated only for ‘‘Radio Free Asia’’.

10 (2) BROADCASTING CAPITAL IMPROVEMENTS.—

11 For ‘‘Broadcasting Capital Improvements’’,

12 $16,900,000 for the fiscal year 2002 and such sums

13 as may be necessary for the fiscal year 2003.

14 (3) BROADCASTING TO CUBA.—For ‘‘Broad15 casting to Cuba’’, $25,000,000 for the fiscal year 2002

16 and $25,000,000 for the fiscal year 2003.

17 (b) CONTINUATION OF ADDITIONAL AUTHORIZATION

18 FOR BROADCASTING TO THE PEOPLE’S REPUBLIC OF

19 CHINA AND NEIGHBORING COUNTRIES.—Section 701 of

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

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

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

24 2002’’ and inserting ‘‘2001, 2002, and 2003’’.
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1 (c) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS

2 FOR MIDDLE EAST RADIO NETWORK OF VOICE OF AMER3 ICA.—In addition to such amounts as are made available

4 for the Middle East Radio Network of Voice of America pur5 suant to the authorization of appropriations under sub6 section (a), there is authorized to be appropriated

7 $15,000,000 for the fiscal year 2002 for the Middle East

8 Radio Network of Voice of America.

9 Subtitle C—Global Democracy

10 Promotion Act of 2001

11 SEC. 131. SHORT TITLE.

12 This title may be cited as the ‘‘Global Democracy Pro13 motion Act of 2001’’.

14 SEC. 132. FINDINGS.

15 The Congress finds the following:

16 (1) It is a fundamental principle of American

17 medical ethics and practice that health care providers

18 should, at all times, deal honestly and openly with

19 patients. Any attempt to subvert the private and sen20 sitive physician-patient relationship would be intoler21 able in the United States and is an unjustifiable in22 trusion into the practices of health care providers

23 when attempted in other countries.

24 (2) Freedom of speech is a fundamental Amer25 ican value. The ability to exercise the right to free
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1 speech, which includes the ‘‘right of the people peace2 ably to assemble, and to petition the government for

3 a redress of grievances’’ is essential to a thriving de4 mocracy and is protected under the United States

5 Constitution.

6 (3) The promotion of democracy is a principal

7 goal of United States foreign policy and critical to

8 achieving sustainable development. It is enhanced

9 through the encouragement of democratic institutions

10 and the promotion of an independent and politically

11 active civil society in developing countries.

12 (4) Limiting eligibility for United States devel13 opment and humanitarian assistance upon the will14 ingness of a foreign nongovernmental organization to

15 forgo its right to use its own funds to address, within

16 the democratic process, a particular issue affecting the

17 citizens of its own country directly undermines a key

18 goal of United States foreign policy and would violate

19 the United States Constitution if applied to United

20 States-based organizations.

21 (5) Similarly, limiting the eligibility for United

22 States assistance on a foreign nongovernmental orga23 nization’s willingness to forgo its right to provide,

24 with its own funds, medical services that are legal in

25 its own country and would be legal if provided in the
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1 United States constitutes unjustifiable interference

2 with the ability of independent organizations to serve

3 the critical health needs of their fellow citizens and

4 demonstrates a disregard and disrespect for the laws

5 of sovereign nations as well as for the laws of the

6 United States.

7 SEC. 133. ASSISTANCE FOR FOREIGN NONGOVERNMENTAL

8 ORGANIZATIONS UNDER PART I OF THE FOR9 EIGN ASSISTANCE ACT OF 1961.

10 Notwithstanding any other provision of law, regula11 tion, or policy, in determining eligibility for assistance au12 thorized under part I of the Foreign Assistance Act of 1961

13 (22 U.S.C. 2151 et seq.), foreign nongovernmental

14 organizations—

15 (1) shall not be ineligible for such assistance sole16 ly on the basis of health or medical services including

17 counseling and referral services, provided by such or18 ganizations with non-United States Government

19 funds if such services do not violate the laws of the

20 country in which they are being provided and would

21 not violate United States Federal law if provided in

22 the United States; and

23 (2) shall not be subject to requirements relating

24 to the use of non-United States Government funds for

25 advocacy and lobbying activities other than those that
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1 apply to United States nongovernmental organiza2 tions receiving assistance under part I of such Act.

3 TITLE II—AUTHORITIES AND AC4 TIVITIES OF THE DEPART5 MENT OF STATE

6 Subtitle A—Basic Authorities and

7 Activities

8 SEC. 201. CONTINUATION OF REPORTING REQUIREMENTS.

9 (a) REPORTS ON CLAIMS BY UNITED STATES FIRMS

10 AGAINST THE GOVERNMENT OF SAUDI ARABIA.—Section

11 2801(b)(1) of the Foreign Affairs Reform and Restructuring

12 Act of 1998 (as enacted by division G of the Omnibus Con13 solidated and Emergency Supplemental Appropriations

14 Act, 1999; Public Law 105–277) is amended by striking

15 ‘‘seventh’’ and inserting ‘‘eleventh’’.

16 (b) REPORTS ON DETERMINATIONS UNDER TITLE IV

17 OF THE LIBERTAD ACT.—Section 2802(a) of the Foreign

18 Affairs Reform and Restructuring Act of 1998 (as enacted

19 by division G of the Omnibus Consolidated and Emergency

20 Supplemental Appropriations Act, 1999; Public Law 105–

21 277) is amended by striking ‘‘September 30, 2001,’’ and

22 inserting ‘‘September 30, 2003,’’.

23 (c) RELATIONS WITH VIETNAM.—Section 2805 of the

24 Foreign Affairs Reform and Restructuring Act of 1998 (as

25 enacted by division G of the Omnibus Consolidated and
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1 Emergency Supplemental Appropriations Act, 1999; Public

2 Law 105–277) is amended by striking ‘‘September 30,

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

4 (d) REPORTS ON BALLISTIC MISSILE COOPERATION

5 WITH RUSSIA.—Section 2705(d) of the Foreign Affairs Re6 form and Restructuring Act of 1998 (as enacted by division

7 G of the Omnibus Consolidated and Emergency Supple8 mental Appropriations Act, 1999; Public Law 105–277) is

9 amended by striking ‘‘and January 1, 2001,’’ and inserting

10 ‘‘January 1, 2001, January 1, 2002, and January 1,

11 2003’’.

12 SEC. 202. CONTINUATION OF OTHER REPORTS.

13 (a) SEMIANNUAL REPORTS ON UNITED STATES SUP14 PORT FOR MEMBERSHIP OR PARTICIPATION OF TAIWAN IN

15 INTERNATIONAL ORGANIZATIONS.—Section 704(a) of the

16 Admiral James W. Nance and Meg Donovan Foreign Rela17 tions Authorization Act, Fiscal Years 2000 and 2001 (sec18 tion 704(a) of division A of H.R. 3427, as enacted into law

19 by section 1000(a)(7) of Public Law 106–113, appendix G;

20 113 Stat. 1501A–460) is amended by striking ‘‘and 2001,’’

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

22 (b) REPORT ON TERRORIST ACTIVITY IN WHICH

23 UNITED STATES CITIZENS WERE KILLED AND RELATED

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

25 and Meg Donovan Foreign Relations Authorization Act,
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1 Fiscal Years 2000 and 2001 (section 805(a) of division A

2 of H.R. 3427, as enacted into law by section 1000(a)(7)

3 of Public Law 106–113; appendix G; 113 Stat. 1501A–470)

4 is amended by striking ‘‘October 1, 2001,’’ and inserting

5 ‘‘October 1, 2003,’’.

6 SEC. 203. ROYAL ULSTER CONSTABULARY TRAINING.

7 (a) REPORT ON PAST TRAINING PROGRAMS.—Section

8 405(b) of the Admiral James W. Nance and Meg Donovan

9 Foreign Relations Authorization Act, Fiscal Years 2000

10 and 2001 (as enacted into law by section 1000(a)(7) of Pub11 lic Law 106–113; 113 Stat. 1501A–447) is amended in the

12 matter preceding paragraph (1)—

13 (1) by striking ‘‘The President’’ and inserting

14 ‘‘Not later than 60 days after the date of the enact15 ment of the Foreign Relations Authorization Act, Fis16 cal Years 2002 and 2003, the President’’; and

17 (2) by striking ‘‘during fiscal years 1994 through

18 1999’’ and inserting ‘‘during each of the fiscal years

19 1994 through 2000’’.

20 (b) REPORT ON RELATED MATTERS.—Section 405 of

21 the Admiral James W. Nance and Meg Donovan Foreign

22 Relations Authorization Act, Fiscal Years 2000 and 2001,

23 is amended—

24 (1) by redesignating subsection (c) as subsection

25 (d); and
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1 (2) by inserting after subsection (b) the fol2 lowing:

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

4 60 days after the date of the enactment of the Foreign Rela5 tions Authorization Act, Fiscal Years 2002 and 2003, the

6 President shall report on the following:

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

8 United Kingdom has implemented the recommenda9 tions relating to the 175 policing reforms contained

10 in the Patten Commission report issued on September

11 9, 1999, including a description of the progress of the

12 integration of human rights, as well as recruitment

13 procedures aimed at increasing Catholic representa14 tion, in the new Northern Ireland police force.

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

16 murders of Patrick Finucane, Rosemary Nelson, and

17 Robert Hamill, including the extent to which progress

18 has been made on recommendations for independent

19 judicial inquiries into these murders.’’.

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

21 Admiral James W. Nance and Meg Donovan Foreign Rela22 tions Authorization Act, Fiscal Years 2000 and 2001, as

23 amended by subsections (a) and (b), is further amended—

24 (1) in subsection (a)—
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1 (A) by striking ‘‘the report required by sub2 section (b)’’ and inserting ‘‘the reports required

3 by subsections (b) and (c)’’; and

4 (B) by striking ‘‘subsection (c)(1)’’ and in5 serting ‘‘subsection (d)(1)’’; and

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

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

8 inserting ‘‘2003’’; and

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

10 ‘‘2003’’.

11 SEC. 204. REPORT CONCERNING ELIMINATION OF COLOM12 BIAN OPIUM.

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

14 findings:

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

16 United States resulting from increasingly cheap,

17 pure, and deadly heroin flooding into this country,

18 much of it from Colombia.

19 (2) Interdicting heroin entering the United

20 States is difficult, in part because it can be trafficked

21 in such small quantities.

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

23 derived, at its source in Colombia is traditionally one

24 of the best strategies to combat the heroin crisis ac25 cording to Federal law enforcement officials.
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1 (b) REPORT TO CONGRESS.—Not later than 60 days

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

3 of State, through the Bureau of International Narcotics and

4 Law Enforcement, shall submit to the Congress a report

5 which outlines a comprehensive strategy to address the cri6 sis of heroin in the United States due to opium originating

7 from Colombia including destruction of opium at its source.

8 SEC. 205. REPEAL OF PROVISION REGARDING HOUSING

9 FOR FOREIGN AGRICULTURAL ATTACHE.

10 Section 738 of the Agriculture, Rural Development,

11 Food and Drug Administration, and Related Agencies Ap12 propriations Act, 2001 (as enacted into law by Public Law

13 106–387; 114 Stat. 1549A–34) is repealed.

14 SEC. 206. HUMAN RIGHTS MONITORING.

15 Funds authorized to be appropriated for the Bureau

16 of Democracy, Human Rights, and Labor pursuant to sec17 tion 101(1)(B)(ii) are authorized to be available to fund

18 positions at United States posts abroad that are primarily

19 responsible for following human rights developments in for20 eign countries and that are assigned at the recommendation

21 of such bureau in conjunction with the relevant regional

22 bureau.
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1 SEC. 207. CORRECTION OF FISHERMEN’S PROTECTIVE ACT

2 OF 1967.

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

4 1967 (22 U.S.C. 1977(A)(3)) is amended by striking ‘‘Sec5 retary of Commerce’’ and inserting ‘‘Secretary of State’’.

6 SEC. 208. INTERNATIONAL LITIGATION FUND.

7 Section 38 of the State Department Basic Authorities

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

9 end the following new subsection:

10 ‘‘(e) RETENTION OF FUNDS.—

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

12 the United States Government in preparing or pros13 ecuting a claim against a foreign government or other

14 foreign entity, the Secretary of State shall retain 1.5

15 percent of any amount between $100,000 and

16 $5,000,000, and one percent of any amount over

17 $5,000,000, received per claim under chapter 34 of the

18 Act of February 27, 1896 (22 U.S.C. 2668a; 29 Stat.

19 32).

20 ‘‘(2) TREATMENT.—Amounts retained under the

21 authority of paragraph (1) shall be deposited into the

22 fund under subsection (d).’’.

23 SEC. 209. EMERGENCY EVACUATION SERVICES.

24 Section 4(b)(2)(A) of the State Department Basic Au25 thorities Act of 1956 (22 U.S.C. 2671(b)(2)(A)) is amended

26 to read as follows:
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1 ‘‘(A) the evacuation when their lives are endan2 gered by war, civil unrest, or natural disaster of (i)

3 United States Government employees and their de4 pendents, and (ii) private United States citizens or

5 third-country nationals, on a reimbursable basis to

6 the extent feasible, with such reimbursements to be

7 credited to the applicable Department of State appro8 priation and to remain available until expended. No

9 reimbursement shall be required which is greater than

10 the amount the person evacuated would have been

11 charged for a commercial air fare at the lowest rate

12 available immediately prior to the onset of the war,

13 civil unrest, or natural disaster giving rise to the

14 evacuation;’’.

15 SEC. 210. IMPLEMENTATION OF THE INTERCOUNTRY ADOP16 TION ACT OF 2000.

17 The Secretary of State, acting through the Assistant

18 Secretary of State for Consular Affairs, shall consult with

19 the appropriate congressional committees on a regular basis

20 on the implementation of the Intercountry Adoption Act of

21 2000 (Public Law 106–279; 42 U.S.C. 14901 et seq.).

22 SEC. 211. REPORT CONCERNING THE EFFECT OF PLAN CO23 LOMBIA ON ECUADOR.

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

25 findings:
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1 (1) There is a growing alarm concerning the

2 spillover effect of Plan Colombia on Ecuador, a front3 line state. The northern region of Ecuador, including

4 the Sucumbios province, is an area of particular con5 cern. It faces the Colombian Putumayo zone, where

6 there is no presence of military or law enforcement

7 personnel.

8 (2) Activities relating to the implementation of

9 Plan Colombia have resulted in incursions on Ecua10 dorian territory by drug traffickers and guerrilla and

11 paramilitary groups from Colombia and a concomi12 tant increase in the levels of violence and delinquency.

13 Recent kidnappings of American and other foreign

14 nationals, as well as discoveries of clandestine cocaine

15 laboratories, are especially troublesome.

16 (3) Ecuador is receiving an influx of Colombian

17 refugees and its own indigenous communities have

18 been displaced from their ancestral villages.

19 (4) Ecuador has demonstrated its moral and po20 litical commitment in the fight against drugs. The

21 agreement signed in November 1999 with the United

22 States to establish a forward operating location in

23 Manta is a clear sign of this active stance.

24 (5) Ecuador is implementing a comprehensive

25 program aimed at reinforcing its security mecha-
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1 nisms in the northern border, as well as converting

2 the area into a buffer zone of peace and development.

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

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

5 State, through the Bureau of International Narcotics and

6 Law Enforcement, shall submit to Congress a report which

7 outlines a comprehensive strategy to address the spillover

8 effect of Plan Colombia on Ecuador.

9 SEC. 212. REPORT CONCERNING EFFORTS TO PROMOTE

10 ISRAEL’S DIPLOMATIC RELATIONS WITH

11 OTHER COUNTRIES.

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

13 findings:

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

15 States whose security is vital to regional stability and

16 United States interests.

17 (2) Israel currently maintains diplomatic rela18 tions with 162 countries. Approximately 25 countries

19 do not have any diplomatic relations with Israel and

20 another 4 countries have only limited relations.

21 (3) The government of Israel has been actively

22 seeking to establish formal relations with a number of

23 countries.

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

25 Israel, in its efforts to establish diplomatic relations.
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1 (5) After 52 years of existence, Israel deserves to

2 be treated as an equal nation by its neighbors and the

3 world community.

4 (b) REPORT CONCERNING UNITED STATES EFFORTS

5 TO PROMOTE ISRAEL’S DIPLOMATIC RELATIONS WITH

6 OTHER COUNTRIES.—Not later than 60 days after the date

7 of the enactment of this Act, and annually thereafter, the

8 Secretary of State shall submit a report which includes the

9 following information (in classified or unclassified form, as

10 appropriate) to the Committee on Foreign Relations and

11 the Committee on Appropriations of the Senate and the

12 Committee on International Relations and the Committee

13 on Appropriations of the House of Representatives:

14 (1) Actions taken by representatives of the

15 United States to encourage other countries to establish

16 full diplomatic relations with Israel.

17 (2) Specific responses solicited and received by

18 the Secretary of State from countries that do not

19 maintain full diplomatic relations with Israel with

20 respect to the status of negotiations to enter into dip21 lomatic relations with Israel.

22 (3) Other measures being undertaken, and meas23 ures that will be undertaken, by the United States to

24 ensure and promote Israel’s full participation in the

25 world diplomatic community.
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1 SEC. 213. REPORTS ON ACTIVITIES IN THE REPUBLIC OF

2 COLOMBIA.

3 (a) REPORT ON REFORM ACTIVITIES.—

4 (1) IN GENERAL.—Not later than 180 days after

5 the date of the enactment of this Act, and every 180

6 days thereafter, the Secretary of State shall submit to

7 the appropriate congressional committees a report on

8 the status of activities funded or authorized, in whole

9 or in part, by the Department of State in the Repub10 lic of Colombia to promote alternative development,

11 recovery and resettlement of internally displaced per12 sons, judicial reform, the peace process, and human

13 rights.

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

15 the following:

16 (A) A summary of activities described in

17 paragraph (1) during the previous 180-day pe18 riod.

19 (B) An estimated timetable for the conduct

20 of such activities in the subsequent 180-day pe21 riod.

22 (C) An explanation of any delays in meet23 ing timetables contained in previous reports sub24 mitted in accordance with this subsection.

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

26 correct any delays in meeting such timetables.
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1 (b) REPORT ON CERTAIN COUNTERNARCOTICS ACTIVI2 TIES.—

3 (1) DECLARATION OF POLICY.—It is the policy of

4 the United States to encourage the transfer of counter5 narcotics activities carried out in the Republic of Co6 lombia by United States businesses that have entered

7 into agreements with the Department of State to con8 duct such activities, to Colombian nationals, in par9 ticular personnel of the Colombian antinarcotics po10 lice, when properly qualified personnel are available.

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

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

13 March 1 of each year thereafter, the Secretary of State

14 shall submit to the appropriate congressional commit15 tees a report on the activities of United States busi16 nesses that have entered into agreements with the De17 partment of State to carry out counternarcotics ac18 tivities in the Republic of Colombia.

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

20 the following:

21 (A) The name of each United States busi22 ness described in paragraph (2) and description

23 of the counternarcotics activities carried out by

24 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 deci5 sion by the Department of State to enter into an

6 agreement with each such business for such ac7 tivities.

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 the

13 counternarcotics activities carried out by such

14 United States businesses to Colombian nationals,

15 in particular personnel of the Colombian

16 antinarcotics police.

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

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

19 partnership, or other organization that employs 3 or

20 more individuals and is organized under the laws of

21 the United States.
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1 Subtitle B—Consular Authorities

2 SEC. 231. MACHINE READABLE VISAS.

3 Section 140(a) of the Foreign Relations Authorization

4 Act, Fiscal Years 1994 and 1995 (8 U.S.C. 1351 note) is

5 amended in the first sentence of paragraph (3)—

6 (1) by striking ‘‘2001, and 2002,’’ and inserting

7 ‘‘2001, 2002, and 2003,’’; and

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

9 2002’’ and inserting ‘‘$414,000,000 for fiscal year

10 2002, and $422,000,000 for fiscal year 2003,’’.

11 SEC. 232. ESTABLISHMENT OF A CONSULAR BRANCH OF12 FICE IN LHASA, TIBET.

13 The Secretary of State shall make best efforts to estab14 lish a branch office in Lhasa, Tibet, of the United States

15 Consulate General in Chengdu, People’s Republic of China,

16 to monitor political, economic, and cultural developments

17 in Tibet.

18 SEC. 233. ESTABLISHMENT OF A DIPLOMATIC OR CON19 SULAR POST IN EQUATORIAL GUINEA.

20 The Secretary of State shall establish a diplomatic or

21 consular post in Equatorial Guinea.

22 SEC. 234. PROCESSING OF VISA APPLICATIONS.

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

24 process immigrant visa applications of immediate relatives

25 of United States citizens and nonimmigrant K–1 visa ap-
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1 plications of fiances of United States citizens within 30

2 days of the receipt of all necessary documents from the ap3 plicant and the Immigration and Naturalization Service.

4 In the case of an immigrant visa application where the

5 sponsor of such applicant is a relative other than an imme6 diate relative, it should be the policy of the Department of

7 State to process such an application within 60 days of the

8 receipt of all necessary documents from the applicant and

9 the Immigration and Naturalization Service.

10 SEC. 235. UNITED STATES POLICY WITH RESPECT TO JERU11 SALEM AS THE CAPITAL OF ISRAEL.

12 (a) CONGRESSIONAL STATEMENT OF POLICY.—The

13 Congress maintains its commitment to relocating the

14 United States Embassy in Israel to Jerusalem and urges

15 the President, pursuant to the Jerusalem Embassy Act of

16 1995 (Public Law 104–45; 109 Stat. 398), to immediately

17 begin the process of relocating the United States Embassy

18 in Israel to Jerusalem.

19 (b) LIMITATION ON USE OF FUNDS FOR CONSULATE

20 IN JERUSALEM.—None of the funds authorized to be appro21 priated by this Act may be expended for the operation of

22 a United States consulate or diplomatic facility in Jeru23 salem unless such consulate or diplomatic facility is under

24 the supervision of the United States Ambassador to Israel.
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1 (c) LIMITATION ON USE OF FUNDS FOR PUBLICA2 TIONS.—None of the funds authorized to be appropriated

3 by this Act may be available for the publication of any offi4 cial government document which lists countries and their

5 capital cities unless the publication identifies Jerusalem as

6 the capital of Israel.

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

8 PASSPORT PURPOSES.—For purposes of the registration of

9 birth, certification of nationality, or issuance of a passport

10 of a United States citizen born in the city of Jerusalem,

11 the Secretary of State shall, upon the request of the citizen

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

13 Israel.

14 SEC. 236. DENIAL OF VISAS TO SUPPORTERS OF COLOM15 BIAN ILLEGAL ARMED GROUPS.

16 (a) DENIAL OF VISAS TO PERSONS SUPPORTING CO17 LOMBIAN INSURGENT AND PARAMILITARY GROUPS.—Sub18 ject to subsection (b), the Secretary of State shall not issue

19 a visa to any alien who the Secretary determines, based

20 on credible evidence—

21 (1) has willfully provided direct or indirect sup22 port to the Revolutionary Armed Forces of Colombia

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

24 United Self-Defense Forces of Colombia (AUC); or
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1 (2) has willfully conspired to allow, facilitate, or

2 promote the illegal activities of any group listed in

3 paragraph (1).

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

5 Secretary of State determines and certifies to the appro6 priate congressional committees, on a case-by-case basis,

7 that issuance of a visa to the alien is necessary to support

8 the peace process in Colombia, for urgent humanitarian

9 reasons, for significant public benefit, or to further the na10 tional security interests of the United States.

11 Subtitle C—Migration and Refugees

12 SEC. 251. UNITED STATES POLICY REGARDING THE INVOL13 UNTARY RETURN OF REFUGEES.

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

15 by this Act or by section 2(c) of the Migration and Refugee

16 Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be avail17 able to effect the involuntary return by the United States

18 of any person to a country in which the person has a well19 founded fear of persecution on account of race, religion, na20 tionality, membership in a particular social group, or po21 litical opinion, except on grounds recognized as precluding

22 protection as a refugee under the United Nations Conven23 tion Relating to the Status of Refugees of July 28, 1951,

24 and the Protocol Relating to the Status of Refugees of Janu-
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1 ary 31, 1967, subject to the reservations contained in the

2 United States Senate Resolution of Ratification.

3 (b) MIGRATION AND REFUGEE ASSISTANCE.—None of

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

5 the Migration and Refugee Assistance Act of 1962 (22

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

7 return of any person to any country unless the Secretary

8 of State first notifies the appropriate congressional commit9 tees, except that in the case of an emergency involving a

10 threat to human life the Secretary of State shall notify the

11 appropriate congressional committees as soon as prac12 ticable.

13 (c) INVOLUNTARY RETURN DEFINED.—As used in this

14 section, the term ‘‘to effect the involuntary return’’ means

15 to require, by means of physical force or circumstances

16 amounting to a threat thereof, a person to return to a coun17 try against the person’s will, regardless of whether the per18 son is physically present in the United States and regard19 less of whether the United States acts directly or through

20 an agent.

21 SEC. 252. REPORT ON OVERSEAS REFUGEE PROCESSING.

22 (a) REPORT ON OVERSEAS REFUGE PROCESSING.—

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

24 this Act, the Secretary shall provide to the appropriate con-
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1 gressional committees a report on overseas processing of ref2 ugees for admission to the United States.

3 (b) CONTENTS.—The report shall include the following

4 detailed information:

5 (1) United States procedures for the identifica6 tion of refugees who are particularly vulnerable or

7 whose individual circumstances otherwise suggest an

8 urgent need for resettlement, including the extent to

9 which the Department now insists on referral by the

10 United Nations High Commissioner for Refugees as a

11 prerequisite to consideration of such refugees for reset12 tlement in the United States, together with a plan for

13 the expanded use of alternatives to such referral, in14 cluding the use of field-based nongovernmental orga15 nizations to identify refugees in urgent need of reset16 tlement.

17 (2) The extent to which the Department makes

18 use in overseas refugee processing of the designation

19 of groups of refugees who are of special concern to the

20 United States, together with the reasons for any de21 cline in such use over the last 10 years and a plan

22 for making more generous use of such categories in

23 the future.

24 (3) The extent to which the United States cur25 rently provides opportunities for resettlement in the
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1 United States of individuals who are close family

2 members of citizens or lawful residents of the United

3 States, together with the reasons for any decline in

4 the extent of such provision over the last 10 years and

5 a plan for expansion of such opportunities in the fu6 ture.

7 (4) The extent to which opportunities for resettle8 ment in the United States are currently provided to

9 ‘‘urban refugees’’ and others who do not currently re10 side in refugee camps, together with a plan for in11 creasing such opportunities, particularly for refugees

12 who are in urgent need of resettlement, who are mem13 bers of refugee groups of special interest to the United

14 States, or who are close family members of United

15 States citizens or lawful residents.

16 (5) The Department’s assessment of the feasi17 bility and desirability of modifying the Department’s

18 current list of refugee priorities to create an addi19 tional category for refugees whose need for resettle20 ment is based on a long period of residence in a ref21 ugee camp with no immediate prospect of safe and

22 voluntary repatriation to their country of origin or

23 last permanent residence.

24 (6) The extent to which the Department uses pri25 vate voluntary agencies to assist in the identification
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1 of refugees for admission to the United States, includ2 ing the Department’s assessment of the advantages

3 and disadvantages of private voluntary agencies, the

4 reasons for any decline in the Department’s use of

5 voluntary agencies over the last 10 years, and a plan

6 for the expanded use of such agencies.

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

8 and placement grant to voluntary agencies assisting

9 in resettlement of refugees has kept up over the last

10 10 years with the cost to such agencies of providing

11 such services.

12 (8) An estimate of the cost of each change in cur13 rent practice or procedure discussed in the report, to14 gether with an estimate of any increase in the annual

15 refugee admissions ceiling that would be necessary to

16 implement each change.

17 TITLE III—ORGANIZATION AND

18 PERSONNEL OF THE DEPART19 MENT OF STATE

20 Subtitle A—Organizational Matters

21 SEC. 301. COMPREHENSIVE WORKFORCE PLAN.

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

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

24 shall submit to the appropriate congressional committees a

25 comprehensive workforce plan for the Department of State
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1 for the fiscal years 2002 through 2006. The plan shall con2 sider personnel needs in both the civil service and the For3 eign Service and expected domestic and overseas personnel

4 allocations. The workforce plan should set forth the detailed

5 mission of the Department, the definition of work to be done

6 and cyclical personnel needs based on expected retirements

7 and the time required to hire, train, and deploy new per8 sonnel.

9 (b) DOMESTIC STAFFING MODEL.—Not later than one

10 year after the date of the enactment of this Act, the Sec11 retary of State shall compile and submit to the appropriate

12 congressional committees a domestic staffing model for the

13 Department of State.

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

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

16 STATE.—

17 (1) The Secretary of State shall establish a task

18 force within the Department of State on the issue of

19 ‘‘rightsizing’’ overseas posts.

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 task force. In addi25 tion to such other information as the Secretary con-
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1 siders appropriate, the report shall include the fol2 lowing:

3 (A) The objectives of the task force.

4 (B) Measures for achieving the objectives

5 under subparagraph (A).

6 (C) The official of the Department with pri7 mary responsibility for the issue of ‘‘rightsizing’’.

8 (D) The plans of the Department for the re9 allocation of staff and resources based on chang10 ing needs at overseas posts and in the metropoli11 tan Washington, D.C. area.

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

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

14 and every 6 months thereafter during the fiscal years

15 2002 and 2003, the Secretary of State shall submit to

16 the appropriate congressional committees a report re17 viewing the activities and progress of the task force

18 established under paragraph (1).

19 (b) INTERAGENCY WORKING GROUP.—

20 (1) ESTABLISHMENT.—The Secretary of State

21 shall establish an interagency working group on the

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

23 United States Government.

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

25 days after the date of the enactment of this Act, the
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1 Secretary of State shall submit to the appropriate

2 congressional committees a report which outlines the

3 status, plans, and activities of the interagency work4 ing group. In addition to such other information as

5 the Secretary considers appropriate, the report shall

6 include the following:

7 (A) The objectives of the working group.

8 (B) Measures for achieving the objectives

9 under subparagraph (A).

10 (C) The official of each agency with pri11 mary responsibility for the issue of ‘‘rightsizing’’.

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

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

14 and every 6 months thereafter during the fiscal years

15 2002 and 2003, the Secretary of State shall submit to

16 the appropriate congressional committees a report re17 viewing the activities and progress of the working

18 group established under paragraph (1).

19 SEC. 303. QUALIFICATIONS OF CERTAIN OFFICERS OF THE

20 DEPARTMENT OF STATE.

21 Section 1 of the State Department Basic Authorities

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

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

24 (2) by inserting after subsection (e) the following

25 new subsection (f):
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1 ‘‘(f) QUALIFICATIONS OF CERTAIN OFFICERS OF THE

2 DEPARTMENT OF STATE.—

3 ‘‘(1) OFFICER HAVING PRIMARY RESPONSIBILITY

4 FOR PERSONNEL MANAGEMENT.—The officer of the

5 Department of State with primary responsibility for

6 assisting the Secretary of State with respect to mat7 ters relating to personnel in the Department of State,

8 or that officer’s principal deputy, shall have substan9 tial professional qualifications in the field of human

10 resource policy and management.

11 ‘‘(2) OFFICER HAVING PRIMARY RESPONSIBILITY

12 FOR DIPLOMATIC SECURITY.—The officer of the De13 partment of State with primary responsibility for as14 sisting the Secretary of State with respect to diplo15 matic security, or that officer’s principal deputy,

16 shall have substantial professional qualifications in

17 the fields of (A) management, and (B) Federal law

18 enforcement, intelligence, or security.

19 ‘‘(3) OFFICER HAVING PRIMARY RESPONSIBILITY

20 FOR INTERNATIONAL NARCOTICS AND LAW ENFORCE21 MENT.—The officer of the Department of State with

22 primary responsibility for assisting the Secretary of

23 State with respect to international narcotics and law

24 enforcement, or that officer’s principal deputy, shall
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1 have substantial professional qualifications in the

2 fields of management and Federal law enforcement.’’.

3 SEC. 304. UNITED STATES SPECIAL COORDINATOR FOR TI4 BETAN ISSUES.

5 (a) UNITED STATES SPECIAL COORDINATOR FOR TI6 BETAN ISSUES.—There shall be within the Department of

7 State a United States Special Coordinator for Tibetan

8 Issues.

9 (b) CONSULTATION.—The Secretary of State shall con10 sult with the chairman and ranking minority member of

11 the Committee on Foreign Relations of the Senate and the

12 Committee on International Relations of the House of Rep13 resentatives prior to the designation of the special coordi14 nator.

15 (c) CENTRAL OBJECTIVE.—The central objective of the

16 special coordinator is to promote substantive dialogue be17 tween the Government of the People’s Republic of China and

18 the Dalai Lama or his representatives.

19 (d) DUTIES AND RESPONSIBILITIES.—The special co20 ordinator shall—

21 (1) coordinate United States Government poli22 cies, programs, and projects concerning Tibet;

23 (2) vigorously promote the policy of seeking to

24 protect the distinct religious, cultural, linguistic, and
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1 national identity of Tibet, and pressing for improved

2 respect for human rights;

3 (3) maintain close contact with religious, cul4 tural, and political leaders of the Tibetan people, in5 cluding regular travel to Tibetan areas of the People’s

6 Republic of China, and to Tibetan refugee settlements

7 in India and Nepal;

8 (4) consult with Congress on policies relevant to

9 Tibet and the future and welfare of the Tibetan peo10 ple;

11 (5) make efforts to establish contacts in the for12 eign ministries of other countries to pursue a nego13 tiated solution for Tibet; and

14 (6) take all appropriate steps to ensure adequate

15 resources, staff, and bureaucratic support to fulfill the

16 duties and responsibilities of the special coordinator.

17 SEC. 305. UNITED STATES SPECIAL ENVOY FOR SUDAN

18 ISSUES.

19 Section 1 of the State Department Basic Authorities

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

21 subsection (f) (as added by section 303 of this Act) the fol22 lowing new subsection (g):

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

24 ISSUES.—
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1 ‘‘(1) IN GENERAL.—There shall be within the De2 partment of State a United States Special Envoy for

3 Sudan Issues who shall be appointed by the President,

4 by and with the advice and consent of the Senate.

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

6 President and Secretary of State shall prescribe, the

7 envoy shall work for a peaceful resolution of the con8 flict in Sudan and an end to abuses of human rights,

9 including religious freedom, in Sudan.’’.

10 Subtitle B—Personnel Matters

11 SEC. 331. REPORT CONCERNING RETIRED MEMBERS OF

12 THE FOREIGN SERVICE AND CIVIL SERVICE

13 WHO ARE REGISTERED AGENTS OF A GOV14 ERNMENT OF A FOREIGN COUNTRY.

15 The Secretary of State shall submit, annually, a report

16 to the Committee on International Relations of the House

17 of Representatives and the Committee on Foreign Affairs

18 of the Senate which lists members of the Foreign Service

19 and the civil service who have retired, have been issued an

20 identification which authorizes access to facilities of the De21 partment of State, and are registered under the Foreign

22 Agents Registration Act of 1938 as an agent of a govern23 ment of a foreign country. The report shall specify each in24 dividual and the governments represented by that indi25 vidual.
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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-speaking

5 Foreign Service officer is assigned to the consulate in China

6 responsible for tracking developments in Tibet.

7 SEC. 333. DEPENDENTS ON FAMILY VISITATION TRAVEL.

8 (a) IN GENERAL.—Section 901(8) of the Foreign Serv9 ice Act of 1980 (22 U.S.C. 4081(8)) is amended by striking

10 ‘‘Service’’ and inserting ‘‘Service, and members of his or

11 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 implemen15 tation in a manner which does not substantially increase

16 the total amount of travel expenses paid or reimbursed by

17 the Department for travel under section 901 of the Foreign

18 Service Act of 1980.

19 (c) EFFECTIVE DATE.—The amendment made by sub20 section (a) shall take effect on the date on which guidance

21 for implementation of such amendment is issued by the Sec22 retary.

23 SEC. 334. THOMAS JEFFERSON STAR.

24 Section 36A of the State Department Basic Authorities

25 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 place

5 it appears and inserting ‘‘Thomas Jefferson Star’’.

6 SEC. 335. HEALTH EDUCATION AND DISEASE PREVENTION

7 PROGRAMS.

8 Section 904(b) of the Foreign Service Act of 1980 (22

9 U.S.C. 4084(b)) is amended by striking ‘‘families, and (3)’’

10 and inserting ‘‘families, (3) health education and disease

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

12 SEC. 336. TRAINING AUTHORITIES.

13 Section 2205(a) of the Foreign Affairs Reform and Re14 structuring Act of 1998 (as enacted in division G of Public

15 Law 105–277) is amended by striking paragraph (3).

16 SEC. 337. FOREIGN NATIONAL RETIREMENT PLANS.

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

18 (22 U.S.C. 3968(a)(1)) is amended in the third sentence

19 by striking ‘‘(C)’’ and all that follows through ‘‘covered em20 ployees.’’ and inserting ‘‘(C) payments by the Government

21 and employees to (i) a trust or other fund in a financial

22 institution in order to finance future benefits for employees,

23 including provision for retention in the fund of accumu24 lated interest and dividends for the benefit of covered em25 ployees; or (ii) a Foreign Service National Savings Fund
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1 established in the Treasury of the United States, which (I)

2 shall be administered by the Secretary of State, at whose

3 direction the Secretary of the Treasury shall invest amounts

4 not required for the current needs of the fund; and (II) shall

5 be public monies, which are authorized to be appropriated

6 and remain available without fiscal year limitation to pay

7 benefits, to be invested in public debt obligations bearing

8 interest at rates determined by the Secretary of the Treas9 ury taking into consideration current average market yields

10 on outstanding marketable obligations of the United States

11 of comparable maturity, and to pay administrative ex12 penses.’’.

13 SEC. 338. PRESIDENTIAL RANK AWARDS.

14 (a) COMPARABLE TO PAYMENTS TO MERITORIOUS EX15 ECUTIVES AND DISTINGUISHED EXECUTIVES.—Section

16 405(b)(3) of the Foreign Service Act of 1980 (22 U.S.C.

17 3965(b)(3)) is amended by striking the second sentence and

18 inserting ‘‘Payments under this paragraph to a member of

19 the Senior Foreign Service may not exceed, in any fiscal

20 year, the percentage of base pay established under section

21 4507(e)(1) of title 5, United States Code, for a Meritorious

22 Executive, except that payments of the percentage of the

23 base pay established under section 4507(e)(2) of title 5,

24 United States, Code, for Distinguished Executives may be
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1 made in any fiscal year to up to 1 percent of the members

2 of the Senior Foreign Service.’’.

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall take effect October 1, 2001.

5 SEC. 339. EMERGENCY MEDICAL ADVANCE PAYMENTS.

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

7 amended to read as follows:

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

9 section 408 of the Foreign Service Act of 1980, who—

10 ‘‘(A) pursuant to government authorization

11 is located outside the country of employment;

12 and

13 ‘‘(B) requires medical treatment outside the

14 country of employment in circumstances speci15 fied by the President in regulations.’’.

16 SEC. 340. UNACCOMPANIED AIR BAGGAGE.

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

18 amended by inserting after the first sentence the following:

19 ‘‘At the option of the employee, in lieu of the transportation

20 of the baggage of a dependent child from the dependent’s

21 school, the costs incurred to store the baggage at or in the

22 vicinity of the school during the dependent’s annual trip

23 between the school and the employee’s duty station may be

24 paid or reimbursed to the employee. The amount of the pay-
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1 ment or reimbursement may not exceed the cost that the

2 government would incur to transport the baggage.’’.

3 SEC. 341. SPECIAL AGENT AUTHORITIES.

4 Section 37(a) of the State Department Basic Authori5 ties Act of 1956 (22 U.S.C. 2709(a)) is amended in para6 graph (3)(F) by inserting ‘‘or President-elect’’ after ‘‘Presi7 dent’’.

8 SEC. 342. REPORT CONCERNING MINORITY EMPLOYMENT.

9 During each of the years 2002 and 2003, the Secretary

10 of State shall submit a comprehensive report to the Congress

11 concerning the status of employment of members of minor12 ity groups at the Department of State, including the Civil

13 Service, the Foreign Service, and State Department em14 ployees serving abroad. The report shall include the fol15 lowing data (reported in terms of real numbers and percent16 ages and not as ratios):

17 (1) For the last preceding Foreign Service exam18 ination and promotion cycles for which such informa19 tion is available—

20 (A) the numbers and percentages of mem21 bers of all minority groups taking the written

22 Foreign Service examination;

23 (B) the numbers and percentages of mem24 bers of all minority groups successfully com-
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1 pleting and passing the written Foreign Service

2 examination;

3 (C) the numbers and percentages of mem4 bers of all minority groups successfully com5 pleting and passing the oral Foreign Service ex6 amination;

7 (D) the numbers and percentages of mem8 bers of all minority groups entering the junior

9 officers class of the Foreign Service;

10 (E) the numbers and percentages of mem11 bers of all minority groups who are Foreign

12 Service officers at each grade; and

13 (F) the numbers of and percentages of mem14 bers of all minority groups promoted at each

15 grade of the Foreign Service Officer Corps.

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

17 employment at the Department of State for which

18 such information is available—

19 (A) numbers and percentages of members of

20 all minority groups entering the Civil Service;

21 (B) the number and percentages of members

22 of all minority groups who are civil service em23 ployees at each grade of the Civil Service; and
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1 (C) the number of and percentages of mem2 bers of all minority groups promoted at each

3 grade of the Civil Service.

4 SEC. 343. USE OF FUNDS AUTHORIZED FOR MINORITY RE5 CRUITMENT.

6 (a) CONDUCT OF RECRUITMENT ACTIVITIES.—

7 (1) IN GENERAL.—Amounts authorized to be ap8 propriated for minority recruitment under section

9 101(1)(B)(iii) shall be used only for activities directly

10 related to minority recruitment, such as recruitment

11 materials designed to target members of minority

12 groups and the travel expenses of recruitment trips to

13 colleges, universities, and other institutions or loca14 tions.

15 (2) LIMITATION.—Amounts authorized to be ap16 propriated for minority recruitment under section

17 101(1)(B)(iii) may not be used to pay salaries of em18 ployees of the Department of State.

19 (b) RECRUITMENT ACTIVITIES AT ACADEMIC INSTITU20 TIONS.—The Secretary of State shall expand the recruit21 ment efforts of the Department of State to include not less

22 than 25 percent of the part B institutions (as defined under

23 section 322 of the Higher Education Act of 1965) in the

24 United States and not less than 25 percent of the Hispanic-
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1 serving institutions (as defined in section 502(a)(5) of such

2 Act) in the United States.

3 (c) EVALUATION OF RECRUITMENT EFFORTS.—The

4 Secretary of State shall establish a database relating to ef5 forts to recruit members of minority groups into the Foreign

6 Service and the Civil Service and shall report to the appro7 priate congressional committees annually on the evaluation

8 of efforts to recruit such individuals, including an analysis

9 of the information collected in the database created under

10 this subsection. For each of the years 2002 and 2003, such

11 a report may be part of the report required under section

12 342.

13 TITLE IV—UNITED STATES EDU14 CATIONAL AND CULTURAL

15 PROGRAMS OF THE DEPART16 MENT OF STATE

17 SEC. 401. EXTENSION OF REQUIREMENT FOR SCHOLAR18 SHIPS FOR TIBETANS AND BURMESE.

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

20 Other Foreign Relations Provisions Act of 1996 (Public

21 Law 104–319; 22 U.S.C. 2151 note) is amended by striking

22 ‘‘for the fiscal year 2000’’ and inserting ‘‘for each of the

23 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 the

7 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 inter17 est.

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

21 (5) Funds appropriated for the purpose of ensur22 ing that the excellence, diversity, and vitality of the

23 arts in the United States are presented to foreign au24 diences by, and in cooperation with, our diplomatic

25 and consular representatives have declined dramati26 cally.
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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 PROGRAM16 MING.—

17 ‘‘(1) The Secretary of State is authorized to pro18 vide for the establishment of private nonprofit entities

19 to assist in carrying out the purposes of this sub20 section. Any such entity shall not be considered an

21 agency or instrumentality of the United States Gov22 ernment and employees of such an entity shall not be

23 considered employees of the United States Government

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

3 ‘‘(A) Encourage participation and support

4 by United States corporations and other elements

5 of the private sector for cultural, arts, and edu6 cational exchange programs which will enhance

7 international appreciation of America’s cultural

8 and artistic accomplishments.

9 ‘‘(B) Solicit and receive contributions from

10 the private sector to support cultural, arts, and

11 educational exchange programs.

12 ‘‘(C) Provide grants and other assistance for

13 such programs.

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

15 make such arrangements as are necessary to carry out

16 the purposes of any entity established pursuant to

17 paragraph (1) including the following:

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

19 for an entity.

20 ‘‘(B) Designation of a program in recogni21 tion of such contributions.

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

23 of directors or other body established to admin24 ister an entity, including the appointment of em25 ployees of the United States Government as ex
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1 officio nonvoting members of such a board or

2 other administrative body.

3 ‘‘(D) Making recommendations with respect

4 to specific artistic and cultural programs to be

5 carried out by the entity.

6 ‘‘(4) For fiscal years 2002 and 2003, not to ex7 ceed $500,000 of funds available to the Department of

8 State are authorized to be made available for each fis9 cal year for administrative and other costs for the es10 tablishment of entities pursuant to paragraph (1). An

11 entity established pursuant to paragraph (1) is au12 thorized to invest amounts made available to the enti13 ty by the Department of State, and such amounts, as

14 well as interest or earnings on such amounts, may be

15 used by the entity to carry out its purposes.

16 ‘‘(5) Each entity established pursuant to para17 graph (1) shall submit an annual report on the

18 sources and amount of funds and other resources re19 ceived and the programs funded by the entity to the

20 Committee on Foreign Relations of the Senate and the

21 Committee on International Relations of the House of

22 Representatives.

23 ‘‘(6) The financial transactions of each entity es24 tablished under paragraph (1) for each fiscal year

25 shall be the subject of an independent audit. A report
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1 of each such audit shall be made available to the

2 Committee on Foreign Relations of the Senate and the

3 Committee on International Relations of the House of

4 Representatives.’’.

5 SEC. 403. FULBRIGHT-HAYS AUTHORITIES.

6 Section 112(d) of the Mutual Educational and Cul7 tural Exchange Act of 1961 (22 U.S.C. 2460(d) is amended

8 by striking ‘‘operating under the authority of this Act and

9 consistent with’’ and inserting ‘‘which operate under the

10 authority of this Act or promote’’.

11 SEC. 404. ETHICAL ISSUES IN INTERNATIONAL HEALTH RE12 SEARCH.

13 (a) IN GENERAL.—The Secretary shall make available

14 funds for public diplomacy and international exchanges,

15 including, as appropriate, funds for international visitor

16 programs and scholarships available under the United

17 States Information and Educational Exchange Act of 1948,

18 the Mutual Educational and Cultural Exchange Act of 1961

19 and other similar statutes, to provide opportunities to re20 searchers in developing countries to obtain scholarships and

21 otherwise participate in activities related to ethical issues

22 in human subject research, as described in subsection (b).

23 (b) ETHICAL ISSUES IN HUMAN SUBJECT RE24 SEARCH.—For purposes of subsection (a), ‘‘activities related

25 to ethical issues in human subject research’’ include courses
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1 of study, conferences, and fora on development of and com2 pliance with international ethical standards for clinical

3 trials involving human subjects, particularly with respect

4 to responsibilities of researchers to individuals and local

5 communities participating in such trials, and on manage6 ment and monitoring of such trials based on such inter7 national ethical standards.

8 TITLE V—UNITED STATES

9 INTERNATIONAL BROAD10 CASTING ACTIVITIES

11 SEC. 501. ELIMINATING STAFF POSITIONS FOR THE ADVI12 SORY BOARD FOR CUBA BROADCASTING.

13 (a) ELIMINATING POSITION OF STAFF DIRECTOR.—

14 (1) Section 245 of the Television Broadcasting to

15 Cuba Act (22 U.S.C. 1465c note) is amended by strik16 ing subsection (d).

17 (2) Any funds made available through the elimi18 nation of the position under the amendment made by

19 paragraph (1) shall be made available for broad20 casting to Cuba.

21 (b) PROHIBITING PAID STAFF POSITIONS.—The Advi22 sory Board for Cuba Broadcasting is not authorized to em23 ploy administrative or support staff who are compensated

24 by the Advisory Board.
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1 SEC. 502. REPORTS ON BROADCASTING PERSONNEL.

2 Not later than 3 months after the date of the enactment

3 of this Act and every 6 months thereafter during the fiscal

4 years 2002 and 2003, the Broadcasting Board of Governors

5 shall submit to the appropriate congressional committees a

6 report regarding high-level personnel of the Broadcasting

7 Board of Governors and efforts to diversify the workforce.

8 Each report shall include the following information, re9 ported separately, for the International Broadcasting Bu10 reau, Radio Free Europe/Radio Liberty, and Radio Free

11 Asia:

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

13 the GS–13 pay level.

14 (2) The number and percentage of women and

15 members of minority groups in positions under para16 graph (1).

17 (3) The increase or decrease in the representation

18 of women and members of minority groups in posi19 tions under paragraph (1) from previous years.

20 (4) The recruitment budget for each broadcasting

21 entity and the aggregate budget.

22 (5) Information concerning the recruitment ef23 forts of the Broadcasting Board of Governors relating

24 to women and members of minority groups, including

25 the percentage of the recruitment budget utilized for

26 such efforts.
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1 SEC. 503. PERSONAL SERVICES CONTRACTING PILOT PRO2 GRAM.

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

4 Broadcasting Bureau is authorized to establish a pilot pro5 gram for the purpose of hiring United States citizens or

6 aliens as personal services contractors, without regard to

7 civil service and classification laws, for service in the

8 United States as broadcasters, producers, and writers in the

9 International Broadcasting Bureau to respond to new or

10 emerging broadcasting needs or to augment broadcast serv11 ices.

12 (b) LIMITATION ON AUTHORITY.—The Director is au13 thorized to use such pilot program authority subject to the

14 following limitations:

15 (1) The Director shall determine that existing

16 personnel resources are insufficient and the need is of

17 limited or unknown duration.

18 (2) The Director shall approve each contract for

19 a personal services contractor.

20 (3) The length of any personal services contract

21 may not exceed 2 years, unless the Director finds that

22 exceptional circumstances justify an extension of not

23 more than 1 additional year.

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

25 aliens shall be employed at any time as personal serv26 ices contractors under the pilot program.
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1 (c) TERMINATION OF AUTHORITY.—The authority to

2 award personal services contracts under the pilot program

3 authorized by this section shall terminate on December 31,

4 2005. A contract entered into prior to the termination date

5 under this subsection may remain in effect for a period not

6 to exceed 6 months after such termination date.

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

8 FREE EUROPE AND RADIO LIBERTY.

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

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

11 amended—

12 (1) by inserting after subparagraph (B) the fol13 lowing new subparagraph:

14 ‘‘(C) Notwithstanding the limitations under sub15 paragraph (A), grant funds provided under this sec16 tion may be used by RFE/RL, Incorporated to pay

17 up to 2 employees employed in Washington, D.C. sal18 ary or other compensation not to exceed the rate of

19 pay payable for level III of the Executive Schedule

20 under section 5314 of title 5, United States Code.’’;

21 and

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

23 inserting ‘‘(B) or (C),’’.
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1 SEC. 505. REPEAL OF BAN ON UNITED STATES TRANS2 MITTER IN KUWAIT.

3 The Foreign Relations Authorization Act, Fiscal Years

4 1994 and 1995 (Public Law 103–236) is amended—

5 (1) by striking section 226; and

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

7 in the table of sections.

8 TITLE VI—INTERNATIONAL OR9 GANIZATIONS AND COMMIS10 SIONS

11 SEC 601. UNITED NATIONS ARREARS PAYMENTS AND RE12 FORM.

13 (a) ADDITIONAL RESTRICTIONS ON RELEASE OF AR14 REARAGE PAYMENTS RELATING TO UNITED STATES SOV15 EREIGNTY.—In addition to the satisfaction of all other pre16 conditions applicable to the obligation and expenditure of

17 funds authorized to be appropriated by section 911(a)(2)

18 of the United Nations Reform Act of 1999, such funds may

19 not be obligated or expended until the Secretary of State

20 certifies to the appropriate congressional committees that

21 the following conditions are satisfied:

22 (1) SUPREMACY OF THE UNITED STATES CON23 STITUTION.—No action has been taken by the United

24 Nations or any of its specialized or affiliated agencies

25 that requires the United States to violate the United

26 States Constitution or any law of the United States.
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1 (2) NO UNITED NATIONS SOVEREIGNTY.—Neither

2 the United Nations nor any of its specialized or affili3 ated agencies—

4 (A) has exercised sovereignty over the

5 United States; or

6 (B) has taken any steps that require the

7 United States to cede sovereignty.

8 (3) NO UNITED NATIONS TAXATION.—

9 (A) NO LEGAL AUTHORITY.—Except as pro10 vided in subparagraph (D), neither the United

11 Nations nor any of its specialized or affiliated

12 agencies has the authority under United States

13 law to impose taxes or fees on United States na14 tionals.

15 (B) NO TAXES OR FEES.—Except as pro16 vided in subparagraph (D), a tax or fee has not

17 been imposed on any United States national by

18 the United Nations or any of its specialized or

19 affiliated agencies.

20 (C) NO TAXATION PROPOSALS.—Except as

21 provided in subparagraph (D), neither the

22 United Nations nor any of its specialized or af23 filiated agencies has, on or after October 1, 1996,

24 officially approved any formal effort to develop,

25 advocate, or promote any proposal concerning
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1 the imposition of a tax or fee on any United

2 States national in order to raise revenue for the

3 United Nations or any such agency.

4 (D) EXCEPTION.—This paragraph does not

5 apply to—

6 (i) fees for publications or other kinds

7 of fees that are not tantamount to a tax on

8 United States citizens;

9 (ii) the World Intellectual Property

10 Organization; or

11 (iii) the staff assessment costs of the

12 United Nations and its specialized or affili13 ated agencies.

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

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

16 funds for, nor taken any official steps to develop, cre17 ate, or establish any special agreement under Article

18 43 of the United Nations Charter to make available

19 to the United Nations, on its call, the armed forces of

20 any member of the United Nations.

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

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

23 penalties against the United States or any interest on

24 arrearages on the annual assessment of the United

25 States, and neither the United Nations nor its spe-
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1 cialized agencies have, on or after October 1, 1996,

2 amended their financial regulations or taken any

3 other action that would permit interest penalties to be

4 levied against the United States or otherwise charge

5 the United States any interest on arrearages on its

6 annual assessment.

7 (6) UNITED STATES REAL PROPERTY RIGHTS.—

8 Neither the United Nations nor any of its specialized

9 or affiliated agencies has exercised authority or con10 trol over any United States national park, wildlife

11 preserve, monument, or real property, nor has the

12 United Nations nor any of its specialized or affiliated

13 agencies implemented plans, regulations, programs, or

14 agreements that exercise control or authority over the

15 private real property of United States citizens located

16 in the United States without the approval of the

17 property owner.

18 (7) TERMINATION OF BORROWING AUTHORITY.—

19 (A) PROHIBITION ON AUTHORIZATION OF

20 EXTERNAL BORROWING.—On or after the date of

21 enactment of this Act, neither the United Nations

22 nor any specialized agency of the United Nations

23 has amended its financial regulations to permit

24 external borrowing.
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1 (B) PROHIBITION OF UNITED STATES PAY2 MENT OF INTEREST COSTS.—The United States

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

4 share of any interest costs made known to or

5 identified by the United States Government for

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

7 the United Nations or any specialized agency of

8 the United Nations through external borrowing.

9 (b) AMENDMENTS TO THE UNITED NATIONS REFORM

10 ACT OF 1999.—The United Nations Reform Act of 1999

11 (title IX of division A of H.R. 3427, as enacted into law

12 by section 1000(a)(7) of Public Law 106–113; appendix G;

13 113 Stat. 1501A–475) is amended as follows:

14 (1) Section 912(c) is amended by striking ‘‘sec15 tion 911’’ and inserting ‘‘section 911(a)(3)’’.

16 (2) Section 931(b) is amended by—

17 (A) striking paragraph (2); and

18 (B) redesignating paragraph (3) as para19 graph (2).

20 (3) Section 941(a)(2) is amended—

21 (A) by striking ‘‘also’’;

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

23 places it appears; and
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1 (C) by striking ‘‘satisfied, if the other condi2 tions in subsection (b) are satisfied’’ and insert3 ing ‘‘satisfied’’.

4 (4) Section 941(b)(3) is amended—

5 (A) in the paragraph heading by striking

6 ‘‘NEW BUDGET PROCEDURES’’ and inserting

7 ‘‘BUDGET PRACTICES’’;

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

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

10 ‘‘practices’’; and

11 (D) in subparagraphs (A) and (B) by strik12 ing ‘‘require’’ both places it appears and insert13 ing in both places ‘‘result in’’.

14 (5) Section 941(b)(9) is amended—

15 (A) in the paragraph heading by striking

16 ‘‘NEW BUDGET PROCEDURES’’ and inserting

17 ‘‘BUDGET PRACTICES’’;

18 (B) by striking ‘‘Each designated special19 ized agency has established procedures to—’’ and

20 inserting ‘‘The practices of each designated spe21 cialized agency—’’; and

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

23 striking ‘‘require’’ each of the 3 places it appears

24 such subparagraphs and inserting in the 3 places

25 ‘‘result in’’.
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1 (c) AMENDMENT TO UNITED NATIONS PARTICIPATION

2 ACT.—Section 6 of the United Nations Participation Act

3 of 1945 (22 U.S.C. 287d) is amended to read as follows:

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

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

6 is concluded by the President with the Security Council

7 shall not be effective unless approved by the Congress by

8 appropriate Act or joint resolution.

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

10 agreement providing for the numbers and types of United

11 States Armed Forces, their degree of readiness and general

12 locations, or the nature of facilities and assistance, includ13 ing rights of passage, to be made available to the Security

14 Council for the purpose of maintaining international peace

15 and security in accordance with Article 43 of the Charter

16 of the United Nations.

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

18 section may be construed as an authorization to the Presi19 dent by the Congress to make available United States

20 Armed Forces, facilities, or assistance to the Security Coun21 cil.’’.

22 (d) AMENDMENT TO PUBLIC LAW 103–236.—Section

23 404(b)(2) of the Foreign Relations Authorization Act, Fis24 cal Years 1994 and 1995 (Public Law 103–236; 22 U.S.C.

25 287e note) is amended—
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1 (1) by striking ‘‘for any fiscal year after fiscal

2 year 1995’’ and inserting ‘‘for—

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

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

5 (2) by striking ‘‘operation.’’ and inserting ‘‘oper6 ation; and

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

8 be available for the payment of the United States

9 assessed contribution for a United Nations peace10 keeping operation in an amount which is greater

11 than 28.15 percent of the total of all assessed

12 contributions for that operation.’’.

13 (e) CONFORMING AMENDMENT TO PUBLIC LAW 92–

14 544.—The last sentence of the paragraph headed ‘‘Contribu15 tions to International Organizations’’ in Public Law 92–

16 544 (22 U.S.C. 287e note), is amended—

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

18 and inserting ‘‘Subject to section 404(b)(2) of the For19 eign Relations Authorization Act, Fiscal Years 1994

20 and 1995 (Public Law 103–236, 22 U.S.C. 287e

21 note), as amended, appropriations are authorized’’;

22 and

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

24 peacekeeping operations) conducted’’ and inserting
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1 ‘‘conducted by or under the auspices of the United

2 Nations or’’.

3 (f) CONFORMING AMENDMENT TO PUBLIC LAW 105–

4 277.—The undesignated paragraph under the heading ‘‘AR5 REARAGE PAYMENTS’’ in title IV of the Departments of

6 Commerce, Justice, and State, the Judiciary, and Related

7 Agencies Appropriations Act, 1999 (as enacted into law by

8 section 101(b) of division A of the Omnibus Consolidated

9 and Emergency Supplemental Appropriations Act, 1999;

10 112 Stat. 2681–96) is amended by striking ‘‘member, and

11 the share of the budget for each assessed United Nations

12 peacekeeping operation does not exceed 25 percent for any

13 single United Nations member.’’ and inserting ‘‘member.’’.

14 (g) CONFORMING AMENDMENT TO PUBLIC LAW 106–

15 113.—The undesignated paragraph under the heading ‘‘AR16 REARAGE PAYMENTS’’ in title IV of the Departments of

17 Commerce, Justice, and State, the Judiciary, and Related

18 Agencies Appropriations Act, 2000 (as enacted into law by

19 section 1000(a)(1) of division B of Public Law 106–113;

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

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

22 the total of all assessed contributions for any des23 ignated specialized agency of the United Nations does

24 not exceed 22 percent for any single member of the

25 agency, and’’; and
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1 (2) by inserting immediately after the first pro2 viso ‘‘Provided further, That, none of the funds appro3 priated or otherwise made available under this head4 ing for payment of arrearages may be obligated or ex5 pended with respect to a designated specialized agen6 cy of the United Nations until such time as the share

7 of the total of all assessed contributions for that des8 ignated specialized agency does not exceed 22 percent

9 for any member of the agency:’’.

10 (h) EFFECTIVE DATE.—This section and the amend11 ments made by this section shall take effect on the date of

12 the enactment of this Act.

13 SEC. 602. TRAVEL BY ADVISORY COMMITTEE MEMBERS TO

14 GREAT LAKES FISHERY COMMISSION ANNUAL

15 MEETING.

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

17 (70 Stat. 242; 16 U.S.C. 933(c)) is amended in the second

18 sentence—

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

20 (2) by striking ‘‘each’’ and inserting ‘‘the an21 nual’’.
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1 SEC. 603. UNITED STATES POLICY ON COMPOSITION OF

2 THE UNITED NATIONS HUMAN RIGHTS COM3 MISSION.

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

5 findings:

6 (1) The United Nations Human Rights Commis7 sion is an important organ of the United Nations

8 that plays a significant role in monitoring inter9 national human rights developments and can make

10 an important contribution to advancing human

11 rights around the world.

12 (2) The membership of the Commission, however,

13 continues to include countries that are themselves

14 human rights violators.

15 (3) Countries that are on the Commission have

16 a special duty to ensure that they are prepared to

17 allow human rights monitors into their own country

18 to investigate allegations of human rights violations.

19 (b) UNITED STATES POLICY ON MEMBERSHIP OF THE

20 COMMISSION.—The President, acting through the Secretary

21 of State, the United States Permanent Representative to the

22 United Nations, and other appropriate United States Gov23 ernment officials, shall use the voice and vote of the United

24 States at the United Nations to oppose membership on the

25 United Nations Commission on Human Rights for any

26 country that does not provide a standing invitation to allow
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1 the following persons to monitor human rights in the terri2 tory of such country:

3 (1) Designated United Nations human rights in4 vestigators and rapporteurs.

5 (2) Representatives from nongovernmental orga6 nizations that focus on human rights.

7 SEC. 604. UNITED STATES MEMBERSHIP IN THE INTER8 NATIONAL ORGANIZATION FOR MIGRATION.

9 (a) CONTINUATION OF MEMBERSHIP.—The President

10 is authorized to continue membership for the United States

11 in the International Organization for Migration in accord12 ance with the constitution of such organization approved

13 in Venice, Italy, on October 19, 1953, as amended in Gene14 va, Switzerland, on November 24, 1998, upon entry into

15 force of such amendments.

16 (b) AUTHORIZATION OF APPROPRIATIONS.—For the

17 purpose of assisting in the movement of refugees and mi18 grants, there are authorized to be appropriated such

19 amounts as may be necessary from time to time for pay20 ment by the United States of its contributions to the Inter21 national Organization for Migration and all necessary sal22 aries and expenses incidental to United States participa23 tion in such organization.
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1 SEC. 605. REPORT RELATING TO COMMISSION ON SECURITY

2 AND COOPERATION IN EUROPE.

3 Section 5 of the Act entitled ‘‘An Act to establish a

4 Commission on Security and Cooperation in Europe’’

5 (Public Law 94–304; 22 U.S.C. 3005) is amended to read

6 as follows:

7 ‘‘SEC. 5. In order to assist the Commission in carrying

8 out its duties, the Secretary of State shall submit to the

9 Commission an annual report discussing the overall United

10 States policy objectives that are advanced through meetings

11 of decision-making bodies of the Organization on Security

12 and Cooperation in Europe (OSCE), the OSCE implemen13 tation review process, and other activities of the OSCE. The

14 report shall also include a summary of specific United

15 States policy objectives with respect to participating states

16 where there is a particular concern relating to the imple17 mentation of Organization on Security and Cooperation in

18 Europe commitments or where an OSCE presence exists.

19 Such summary shall address the role played by Organiza20 tion on Security and Cooperation in Europe institutions,

21 mechanisms, or field activities in achieving United States

22 policy objectives. Each annual report shall cover the period

23 January 1 through December 31, shall be submitted not

24 more than 90 days after the end of the reporting period,

25 and shall be posted on the website of the Department of

26 State.’’.
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1 SEC. 606. REPORTS TO CONGRESS ON UNITED NATIONS AC2 TIVITIES.

3 (a) AMENDMENTS TO UNITED NATIONS PARTICIPA4 TION ACT.—Section 4 of the United Nations Participation

5 Act (22 U.S.C. 287b) is amended—

6 (1) by striking subsections (b) and (c);

7 (2) by inserting after subsection (a) the following

8 new subsection:

9 ‘‘(b) ANNUAL REPORT ON FINANCIAL CONTRIBU10 TIONS.—Not later than July 1 of each year, the Secretary

11 of State shall submit a report to the designated congres12 sional committees on the extent and disposition of all finan13 cial contributions made by the United States during the

14 preceding year to international organizations in which the

15 United States participates as a member.’’;

16 (3) in subsection (e)(5) by striking subparagraph

17 (B) and inserting the following:

18 ‘‘(B) ANNUAL REPORT.—The President shall

19 submit an annual report to the designated con20 gressional committees on all assistance provided

21 by the United States during the preceding cal22 endar year to the United Nations to support

23 peacekeeping operations. Each such report shall

24 describe the assistance provided for each such op25 eration, listed by category of assistance.’’; and
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1 (4) by redesignating subsections (d), (e), (f), and

2 (g) as subsections (c), (d), (e), and (f) respectively.

3 (b) CONFORMING AMENDMENTS.—

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

5 262a) is amended by striking the last sentence.

6 (2) Section 409 of the Foreign Relations Author7 ization Act, Fiscal Years 1994 and 1995 (22 U.S.C.

8 287e note) is amended by striking subsection (d).

9 TITLE VII—MISCELLANEOUS

10 PROVISIONS

11 Subtitle A—General Provisions

12 SEC. 701. AMENDMENTS TO THE IRAN NONPROLIFERATION

13 ACT OF 2000.

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

15 2 of the Iran Nonproliferation Act of 2000 (Public Law

16 106–178; 114 Stat. 39; 50 U.S.C. 1701 note) is amended

17 by inserting after subsection (d) the following new sub18 section:

19 ‘‘(e) CONTENT OF REPORTS.—Each report under sub20 section (a) shall contain, with respect to each foreign person

21 identified in such report, a brief description of the type and

22 quantity of the goods, services, or technology transferred by

23 that person to Iran, the circumstances surrounding the

24 transfer, the usefulness of the transfer to Iranian weapons

25 programs, and the probable awareness or lack thereof of the
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1 transfer on the part of the government with primary juris2 diction over the person.’’.

3 (b) DETERMINATION EXEMPTING FOREIGN PERSONS

4 FROM CERTAIN MEASURES UNDER THE ACT.—Section

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

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

7 SEC. 702. AMENDMENTS TO THE NORTH KOREA THREAT RE8 DUCTION ACT OF 1999.

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

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

11 3427, as enacted into law by section 1000(a)(7) of Public

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

13 amended by striking ‘‘such agreement,’’ both places it ap14 pears and inserting in both places ‘‘such agreement (or that

15 are controlled under the Export Trigger List of the Nuclear

16 Suppliers Group),’’.

17 SEC. 703. AMENDMENTS TO THE INTERNATIONAL RELI18 GIOUS FREEDOM ACT OF 1998.

19 (a) REPEAL OF TERMINATION OF COMMISSION.—The

20 International Religious Freedom Act of 1998 (22 U.S.C.

21 6401 et seq.) is amended by striking section 209.

22 (b) AUTHORIZATIONS OF APPROPRIATIONS.—Section

23 207(a) of such Act (22 U.S.C. 6435(a)) is amended by in24 serting ‘‘for each of the fiscal years 2002 and 2003’’ after

25 ‘‘$3,000,000’’.
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1 (c) ELECTION OF CHAIR OF COMMISSION.—Section

2 201(d) of such Act (22 U.S.C. 6431(d)) is amended by strik3 ing ‘‘in each calendar’’ and inserting ‘‘after May 30 of

4 each’’.

5 (d) PROCUREMENT OF NONGOVERNMENTAL SERV6 ICES.—Section 208(c)(1) of such Act (22 U.S.C.

7 6435a(c)(1)) is amended by striking ‘‘authority other than

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

9 excess of $75,000 annually, except as otherwise provided in

10 this title’’.

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

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

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

14 (f) ESTABLISHMENT OF STAGGERED TERMS OF MEM15 BERS OF COMMISSION.—Section 201(c) of such Act (22

16 U.S.C. 6431(c)) is amended by adding after paragraph (1)

17 the following new paragraph:

18 ‘‘(2) ESTABLISHMENT OF STAGGERED TERMS.—

19 Notwithstanding paragraph (1), members of the Com20 mission appointed to serve on the Commission during

21 the period May 15, 2003, through May 14, 2005, shall

22 be appointed to terms in accordance with the provi23 sions of this paragraph. Of the 3 members of the Com24 mission appointed by the President under subsection

25 (b)(1)(B)(i), 2 shall be appointed to a one-year term
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1 and 1 shall be appointed to a two-year term. Of the

2 3 members of the Commission appointed by the Presi3 dent pro tempore of the Senate under subsection

4 (b)(1)(B)(ii), 1 of the appointments made upon the

5 recommendation of the leader in the Senate of the po6 litical party that is not the political party of the

7 President shall be appointed to a one-year term, and

8 the other 2 appointments under such clause shall be

9 two-year terms. Of the 3 members of the Commission

10 appointed by the Speaker of the House of Representa11 tives under subsection (b)(1)(B)(iii), 1 of the appoint12 ments made upon the recommendation of the leader

13 in the House of the political party that is not the po14 litical party of the President shall be to a one-year

15 term, and the other 2 appointments under such clause

16 shall be two-year terms. The term of each member of

17 the Commission appointed to a one-year term shall be

18 considered to have begun on May 15, 2003, and shall

19 end on May 14, 2004, regardless of the date of the ap20 pointment to the Commission. Each vacancy which

21 occurs upon the expiration of the term of a member

22 appointed to a one-year term shall be filled by the ap23 pointment of a successor to a two-year term.’’.

24 (g) VACANCIES.—Section 201(g) of such Act (22 U.S.C.

25 6431(g)) is amended by adding at the end the following:
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1 ‘‘A member may serve after the expiration of that member’s

2 term until a successor has taken office. Any member ap3 pointed to fill a vacancy occurring before the expiration of

4 the term for which the member’s predecessor was appointed

5 shall be appointed only for the remainder of that term.’’.

6 SEC. 704. CONTINUATION OF UNITED STATES ADVISORY

7 COMMISSION ON PUBLIC DIPLOMACY.

8 (a) AUTHORITY TO CONTINUE COMMISSION.—Section

9 1334 of the Foreign Affairs Reform and Restructuring Act

10 of 1998 (as enacted in division G of the Omnibus Consoli11 dated and Emergency Supplemental Appropriations Act,

12 1999: Public Law 105–277) is amended by striking ‘‘Octo13 ber 1, 2001’’ and inserting ‘‘October 1, 2005’’.

14 (b) REPEAL.—Section 404(c) of the Admiral James W.

15 Nance and Meg Donovan Foreign Relations Authorization

16 Act, Fiscal Years 2000 and 2001 (section 404(c) of division

17 A of H.R. 3427, as enacted into law by section 1000(a)(7)

18 of Public Law 106–113; appendix G; 113 Stat. 1501A–446)

19 is amended by striking paragraph (2).

20 SEC. 705. PARTICIPATION OF SOUTH ASIA COUNTRIES IN

21 INTERNATIONAL LAW ENFORCMENT.

22 The Secretary of State shall ensure, where practicable,

23 that appropriate government officials from countries in the

24 South Asia region shall be eligible to attend courses at the

25 International Law Enforcement Academy located in Bang-
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1 kok, Thailand, and Budapest, Hungary, consistent with

2 other provisions of law, with the goal of enhancing regional

3 cooperation in the fight against transnational crime.

4 Subtitle B—Sense of Congress

5 Provisions

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

7 UNITED NATIONS PEACEKEEPING OPER8 ATIONS.

9 It is the sense of the Congress that the President should

10 direct the Secretary of State and the United States Rep11 resentative to the United Nations to urge the United Na12 tions to adopt an HIV/AIDS mitigation strategy as a com13 ponent of United Nations peacekeeping operations.

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

15 TASK FORCE.

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

17 State should establish an international HIV/AIDS inter18 vention, mitigation, and coordination task force to coordi19 nate activities on international HIV/AIDS programs ad20 ministered by agencies of the Federal Government and to

21 work with international public and private entities working

22 to combat the HIV/AIDS pandemic.
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1 SEC. 733. SENSE OF CONGRESS CONDEMNING THE DE2 STRUCTION OF PRE-ISLAMIC STATUES IN AF3 GHANISTAN BY THE TALIBAN REGIME.

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

5 findings:

6 (1) Many of the oldest and most significant Bud7 dhist statues in the world are in Afghanistan, which,

8 at the time that many of the statues were carved, was

9 one of the most cosmopolitan regions in the world and

10 hosted merchants, travelers, and artists from China,

11 India, central Asia, and the Roman Empire.

12 (2) Such statues are part of the common heritage

13 of mankind, which must be preserved for future gen14 erations.

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

16 Taliban regime, Mullah Mohammad Omar, ordered

17 the destruction of all pre-Islamic statues in Afghani18 stan, among them a pair of 1,600-year-old, 100-foot19 tall statues of Buddha that are carved out of a moun20 tainside.

21 (4) The religion of Islam and Buddhist statues

22 have coexisted in Afghanistan as part of the unique

23 historical and cultural heritage of that nation for

24 more than 1,100 years.
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1 (5) The destruction of the pre-Islamic statues

2 contradicts the basic tenet of the Islamic religion that

3 other religions should be tolerated.

4 (6) People of all faiths and nationalities have

5 condemned the destruction of the statues in Afghani6 stan, including Muslim communities around the

7 world.

8 (7) The destruction of the statues violates the

9 United Nations Convention Concerning the Protection

10 of the World Cultural and Natural Heritage, which

11 was ratified by Afghanistan on March 20, 1979.

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

13 (1) joins with people and governments around

14 the world in condemning the destruction of pre-Is15 lamic statues in Afghanistan by the Taliban regime;

16 (2) urges the Taliban regime to stop destroying

17 such statues; and

18 (3) calls upon the Taliban regime to grant inter19 national organizations immediate access to Afghani20 stan to survey the damage and facilitate inter21 national efforts to preserve and safeguard the remain22 ing 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 mature

4 democracy that fully respects human rights and it is the

5 policy of the United States that any resolution of the Tai6 wan Strait issue must be peaceful and include the assent

7 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 Nations

12 Children’s Fund (UNICEF) and the Bangladeshi Depart13 ment of Public Health Engineering, in an attempt to bring

14 clean drinking water to the people of Bangladesh, installed

15 tube wells to access shallow aquifers. This was done to pro16 vide an alternative to contaminated surface water sources.

17 However, at the time the wells were installed, arsenic was

18 not recognized as a problem in water supplies and standard

19 water testing procedures did not include arsenic tests. Natu20 rally occurring inorganic arsenic contamination of water

21 in those tube-wells was confirmed in 1993 in the Nawabganj

22 district in Bangladesh. The health effects of ingesting ar23 senic-contaminated drinking water appear slowly. This

24 makes preventative measures, including drawing arsenic

25 out of the existing tube well and finding alternate sources

26 of water, critical to preventing future contamination in
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1 large numbers of the Bangladeshi population. Health effects

2 of exposure to arsenic in both adults and children include

3 skin lesions, skin cancer, and mortality from internal can4 cers.

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 finan9 cial institutions and organizations, and international do10 nors to identify a long term solution to the arsenic-contami11 nated 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 by

16 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 the

21 American Institute in Taiwan and the residence of the di22 rector of the American Institute in Taiwan should publicly

23 display the flag of the United States in the same manner

24 as United States embassies, consulates, and official resi25 dences throughout the world.
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1 SEC. 737. SENSE OF CONGRESS REGARDING HUMAN RIGHTS

2 VIOLATIONS IN WEST PAPUA AND ACEH, IN3 CLUDING THE MURDER OF JAFAR SIDDIQ

4 HAMZAH, AND ESCALATING VIOLENCE IN

5 MALUKU AND CENTRAL KALIMANTAN.

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

7 findings:

8 (1) Human rights violations by elements of the

9 Indonesian Government continue to worsen in West

10 Papua (Irian Jaya) and Aceh, while other areas in11 cluding the Moluccas (Maluku) and Central

12 Kalimantan have experienced outbreaks of violence by

13 militia forces and other organized groups.

14 (2) Seven West Papuans were shot dead by Indo15 nesian security forces following a flag-raising cere16 mony in the town of Merauke on December 2, 2000,

17 and in a separate incident four others were reportedly

18 killed by Indonesian security forces after a West Pap19 uan flag was raised in Tiom on December 18, 2000.

20 (3) Indonesian police have attacked peaceful

21 West Papuan civilians, including students in their

22 dormitories at Cenderawasih University on December

23 6, 2000. This attack resulted in the beating and ar24 rests of some 100 students as well as the deaths of

25 three students, including one in police custody in the

26 capital city of Jayapura.
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1 (4) To escape Indonesian security forces, hun2 dreds of peaceful West Papuans have sought safety in

3 refugee camps across the border in the neighboring

4 state of Papua New Guinea (PNG).

5 (5) The Indonesian armed forces have announced

6 that they are initiating ‘‘limited military operations’’

7 in Aceh, where the Exxon-Mobil gas company has sus8 pended operations due to security concerns.

9 (6) On September 7, 2000, the body of Acehnese

10 human rights lawyer Jafar Siddiq Hamzah, who had

11 been missing for a month, was identified along with

12 four other badly decomposed bodies, whose faces were

13 bashed in and whose hands and feet were bound with

14 barbed wire, in a forested area outside of Medan, in

15 North Sumatra.

16 (7) Hamzah, a permanent resident of the United

17 States who resided in Queens, New York, was last

18 seen alive on August 5, 2000, in Medan, after which

19 he failed to keep an appointment and his family lost

20 all contact with him.

21 (8) As the founder and director of the Inter22 national Forum on Aceh, which works for peace and

23 human rights in Aceh, Hamzah was an important

24 voice of moderation and an internationally known

25 representative of his people who made irreplaceable
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1 contributions to peace and respect for human rights

2 in his homeland.

3 (9) The Indonesian government has failed to re4 lease the results of Jafar Siddiq Hamzah’s autopsy

5 report, and the inaccessibility of the report has de6 layed the investigation which could lead to bringing

7 the murderers to justice.

8 (10) There is supporting documentation from the

9 United States Department of State and other reliable

10 sources that Indonesian military and police forces

11 have committed widespread acts of torture, rape, dis12 appearance and extra-judicial executions against

13 West Papuan and Acehnese civilians.

14 (11) In Maluku, where Muslim and Christian

15 peoples lived in peace and respected with each other

16 for decades, thousands have been killed and tens of

17 thousands displaced during outbreaks of violence over

18 the past three years.

19 (12) Militia forces known as the Laskar Jihad

20 have arrived from Java and other islands outside

21 Maluku to inflame hatred and perpetrate violence

22 against Christians, and to create religious intolerance

23 among the people of Maluku, and the Laskar Jihad

24 has been openly encouraged by some Indonesian lead-
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1 ers including Amien Rais, Chair of the People’s Con2 sultative Assembly.

3 (13) Muslim and Christian leaders alike have

4 called for the arrest of militia leaders in Maluku and

5 asking for international assistance in ending this dev6 astating conflict.

7 (14) The most recent instance of widespread vio8 lence in Indonesia has broken out on the island of

9 Kalimantan (Borneo), in the province of Central

10 Kalimantan, where indigenous Dayaks brutally at11 tacked migrant Madurese, killing hundreds and caus12 ing thousands of others to flee.

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

14 were resettled in Kalimantan under the auspices of

15 the Soeharto government’s transmigration program,

16 which served to strengthen the political control of the

17 regime, have become scapegoats for official govern18 ment policy, while the Dayaks have suffered from this

19 policy and from official exploitation of the natural re20 sources of their homeland.

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

22 (1) expresses its deep concern over ongoing

23 human rights violations committed by Indonesian

24 military and police forces against civilians in West

25 Papua and Aceh, as well as over violence by militias
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1 and others in Maluku, Central Kalimantan, and else2 where in Indonesia;

3 (2) calls upon the United States Department of

4 State to publicly protest the reemergence of political

5 imprisonment in Indonesia and to take necessary

6 steps to release, immediately and unconditionally, all

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

8 Yudas Meage, Yafet Yelemaken, Murjono Murib and

9 Amelia Yigibalom of West Papua, and Muhammad

10 Nazar of Aceh, all adopted by Amnesty International

11 as Prisoners of Conscience, and student demonstrators

12 Matius Rumbrapuk, Laon Wenda, Jenderal Achmad

13 Yani, Joseph Wenda and Hans Gobay of West Papua;

14 (3) calls upon the Department of State to sup15 port and encourage the Government of Indonesia to

16 engage in peaceful dialogue with respected West Pap17 uan community leaders and other members of West

18 Papuan civil society, as prescribed by the 1999 Terms

19 of Reference for the National Dialogue on Irian Jaya,

20 and to urge the Governor of West Papua to create an

21 environment conducive to the peaceful repatriation of

22 West Papuan refugees and ‘‘illegal border crossers’’

23 who now reside in Papua New Guinea;

24 (4) calls upon the United States Government to

25 press the Government of Indonesia to permit access to
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1 West Papua and Aceh, including the project areas of

2 the United States-owned Freeport mine and Exxon3 Mobil facilities, by independent human rights and en4 vironmental monitors, including the United Nations

5 special rapporteurs on torture and extra-judicial exe6 cution, as well as by humanitarian nongovernmental

7 organizations;

8 (5) calls upon the United States Government to

9 press for the withdrawal of nonorganic troops from

10 West Papua and Aceh, and an overall reduction of

11 force numbers in those areas, particularly along the

12 PNG border;

13 (6) calls upon the Government of Indonesia to

14 release the autopsy report of Jafar Siddiq Hamzah

15 immediately, to conduct a thorough, open, and trans16 parent investigation of the murder of Hamzah and

17 the four others with whom he was found, to offer full

18 access and support to independent investigators and

19 forensics experts brought in to examine these cases,

20 and to ensure that the perpetrators of these atrocities

21 are brought to justice through open and fair trials;

22 (7) condemns the recent atrocities in Central

23 Kalimantan the failure of Indonesian police and

24 other security forces to intervene to stop these atroc25 ities, as well as the underlying social and economic
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1 conditions caused by systematic transmigration pro2 grams, imported labor, and inequitable and destruc3 tive exploitation of local natural resources that have

4 worsened the poverty and discrimination which were

5 contributing factors in their commission;

6 (8) condemns comparable Indonesian Govern7 ment policies in Maluku and the failure of Indo8 nesian police and other security forces in and around

9 Ambon to halt sectarian violence, including the oper10 ations of the Laskar Jihad militia;

11 (9) calls upon the Government of Indonesia to

12 take decisive action to halt sectarian violence in

13 Maluku and to arrest those guilty of violence, includ14 ing Laskar Jihad militia leaders and armed forces of15 ficers guilty of complicity in their operations against

16 civilians, and to make significant progress towards

17 rehabilitation and reestablishment of local commu18 nities displaced by the violence and rebuild the phys19 ical infrastructure of the communities;

20 (10) calls upon the Department of State to sup21 port United Nations and other international delega22 tions and monitoring efforts by international and

23 nongovernmental agencies in West Papua, Aceh,

24 Maluku, Central Kalimantan, West Timor, and other

25 areas of Indonesia in order to deter further human
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1 rights violations, and to encourage and support inter2 national and nongovernmental agencies in efforts to

3 help the people of Indonesia rebuild and rehabilitate

4 communities torn by violence, particularly by assist5 ing in the return of internally displaced peoples and

6 in efforts at reconciliation within and among commu7 nities;

8 (11) calls upon the Department of State to en9 sure that all appropriate information regarding cur10 rent conditions in the West Papua, Aceh, Maluku,

11 Kalimantan, and elsewhere in Indonesia is included

12 in the Annual Country Reports on Human Rights

13 Practices and the Annual Report on International

14 Religious Freedom;

15 (12) calls upon the Government of Indonesia to

16 devote official attention, in an atmosphere of openness

17 and transparency and oversight, to investigations

18 into the numerous cases of disappearances,

19 extrajudicial killings, and other serious human rights

20 violations in West Papua, Aceh, Maluku, Central

21 Kalimantan, elsewhere in Indonesia, and occupied

22 East Timor; and

23 (13) calls upon the United States Government to

24 continue to insist upon vigorous investigation into all

25 such violations, and upon trials according to inter-
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1 national standards for military and police officers,

2 militia leaders, and others accused of such violations.

3 SEC. 738. SENSE OF CONGRESS SUPPORTING PROPERLY

4 CONDUCTED ELECTIONS IN KOSOVA DURING

5 2001.

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

7 findings:

8 (1) Former Yugoslav President Slobodan

9 Milosevic perpetrated a brutal campaign of ethnic

10 cleansing against the ethnic Albanian population of

11 Kosova, resulting in thousands of deaths and rapes

12 and the displacement of nearly 1 million people.

13 (2) Prior to the disintegration of the former

14 Yugoslavia, Kosova was a separate political and legal

15 entity with a separate and distinct financial sector,

16 police force, government, education system, judiciary,

17 and health care system.

18 (3) During that time, the people of Kosova suc19 cessfully administered the province.

20 (4) During the Milosevic era, Kosovar citizens

21 demonstrated again their ability to govern themselves

22 by creating parallel governmental and social institu23 tions.

24 (5) Local elections held in Kosova in 2000 were

25 considered free and fair by international observers.
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1 (6) United Nations Security Council Resolution

2 1244 authorizes the United Nations Mission in

3 Kosova to provide for transitional administration

4 while establishing and overseeing the development of

5 democratic and self-governing institutions, including

6 the holding of elections, to ensure conditions for a

7 peaceful and normal life for all inhabitants of

8 Kosova.

9 (7) The United Nations Mission in Kosova and

10 the Organization for Security and Cooperation in

11 Europe should ensure that the conditions for properly

12 conducted elections in Kosova are in place prior to

13 the election.

14 (b) SENSE OF CONGRESS.—It is the sense of the Con15 gress that—

16 (1) the United Nations Mission in Kosova should

17 hold properly conducted elections throughout Kosova

18 during the year 2001;

19 (2) the only way to maintain a true and lasting

20 peace in the region is through the creation of demo21 cratic Kosovar institutions with real governing au22 thority and responsibility, and Kosova-wide jurisdic23 tion;
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1 (3) all persons, regardless of ethnicity, are en2 couraged to participate in elections throughout

3 Kosova; and

4 (4) the United States should work with the

5 United Nations Mission in Kosova and the Organiza6 tion for Security and Cooperation in Europe to en7 sure that the transition to Kosovar self-government

8 under the terms and conditions of United Nations Se9 curity Council Resolution 1244 proceeds peacefully,

10 successfully, expeditiously, and in a spirit of ethnic

11 inclusiveness.

12 SEC. 739. SENSE OF CONGRESS RELATING TO POLICY RE13 VIEW OF RELATIONS WITH THE PEOPLE’S RE14 PUBLIC OF CHINA.

15 It is the sense of Congress that—

16 (1) the President of the United States and his

17 advisors should be commended for their success and

18 the diplomatic skill with which they negotiated the

19 safe return of the 24 American crew members of the

20 United States Navy reconnaissance aircraft that

21 made an emergency landing on the Chinese island of

22 Hainan on April 1, 2001; and

23 (2) the United States Government should conduct

24 a policy review of the nature of its relations with the
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1 Government of the People’s Republic of China in light

2 of recent events.

3 SEC. 740. SENSE OF CONGRESS RELATING TO BROAD4 CASTING IN THE MACEDONIAN LANGUAGE BY

5 RADIO FREE EUROPE.

6 It is the sense of the Congress that the Broadcasting

7 Board of Governors should initiate surrogate broadcasting

8 by Radio Free Europe in the Macedonian language to Mac9 edonian-speaking areas of the Former Yugoslav Republic of

10 Macedonia.

11 SEC. 741. SENSE OF CONGRESS RELATING TO MAGEN DAVID

12 ADOM SOCIETY.

13 (a) FINDINGS.—Congress finds the following:

14 (1) It is the mission of the International Red

15 Cross and Red Crescent Movement to prevent and al16 leviate human suffering wherever it may be found,

17 without discrimination.

18 (2) The International Red Cross and Red Cres19 cent Movement is a worldwide institution in which

20 all national Red Cross and Red Crescent societies

21 have equal status.

22 (3) The Magen David Adom Society is the na23 tional humanitarian society in the state of Israel.
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1 (4) The Magen David Adom Society follows all

2 the principles of the International Red Cross and Red

3 Crescent Movement.

4 (5) Since the founding of the Magen David

5 Adom Society in 1930, the American Red Cross has

6 regarded it as a sister national society and close

7 working ties have been established between the two so8 cieties.

9 (6) The Magen David Adom Society has used the

10 Red Shield of David as its humanitarian emblem

11 since its founding in 1930 for the same purposes that

12 other national Red Cross and Red Crescent societies

13 use their respective emblems.

14 (7) Since 1949 Magen David Adom has been re15 fused admission into the International Red Cross and

16 Red Crescent Movement and has been relegated to ob17 server status without a vote because it has used the

18 Red Shield of David.

19 (8) Magen David Adom is the only humani20 tarian organization equivalent to a national Red

21 Cross or Red Crescent society in a sovereign nation

22 that is denied membership into the International Red

23 Cross and Red Crescent Movement.

24 (9) The American Red Cross has consistently ad25 vocated recognition and membership of the Magen
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1 David Adom Society in the International Red Cross

2 and Red Crescent Movement.

3 (10) The House of Representatives adopted H.

4 Res. 464 on May 3, 2000, and the Senate adopted S.

5 Res. 343 on October 18, 2000, expressing the sense of

6 the House of Representatives and the sense of the Sen7 ate, respectively, that the International Red Cross and

8 Red Crescent Movement should recognize and admit

9 to full membership Israel’s Magen David Adom Soci10 ety with its emblem, the Red Shield of David.

11 (11) The Secretary of State testified before the

12 Committee on the Budget of the Senate on March 14,

13 2001, and stated that admission of Magen David

14 Adom into the International Red Cross movement is

15 a priority.

16 (12) The United States provided $119,230,000

17 for the International Committee of the Red Cross in

18 fiscal year 2000.

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

20 that—

21 (1) the International Committee of the Red Cross

22 should immediately recognize the Magen David Adom

23 Society;

24 (2) the Federation of Red Cross and Red Cres25 cent Societies should grant full membership to the
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1 Magen David Adom Society immediately following

2 recognition by the International Committee of the Red

3 Cross of the Magen David Adom Society as a full

4 member of the International Committee of the Red

5 Cross;

6 (3) the Red Shield of David should be accorded

7 the same protections under international law as the

8 Red Cross and the Red Crescent; and

9 (4) the United States should continue to press for

10 full membership for the Magen David Adom in the

11 International Red Cross Movement.

12 SEC. 742. SENSE OF CONGRESS URGING THE RETURN OF

13 PORTRAITS PAINTED BY DINA BABBITT DUR14 ING HER INTERNMENT AT AUSCHWITZ THAT

15 ARE NOW IN THE POSSESSION OF THE

16 AUSCHWITZ-BIRKENAU STATE MUSEUM.

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

18 findings:

19 (1) Dina Babbitt (formerly known as Dinah

20 Gottliebova), a United States citizen now in her late

21 70’s, has requested the return of watercolor portraits

22 she painted while suffering a year-and-a-half-long in23 ternment at the Auschwitz death camp during World

24 War II.
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1 (2) Dina Babbitt was ordered to paint the por2 traits by the infamous war criminal Dr. Josef

3 Mengele.

4 (3) Dina Babbitt’s life, and her mother’s life,

5 were spared only because she painted portraits of

6 doomed inmates of Auschwitz-Birkenau, under orders

7 from Dr. Josef Mengele.

8 (4) These paintings are currently in the posses9 sion of the Auschwitz-Birkenau State Museum.

10 (5) Dina Babbitt is unquestionably the rightful

11 owner of the artwork, since the paintings were pro12 duced by her own talented hands as she endured the

13 unspeakable conditions that existed at the Auschwitz

14 death camp.

15 (6) The artwork is not available for the public

16 to view at the Auschwitz-Birkenau State Museum and

17 therefore this unique and important body of work is

18 essentially lost to history.

19 (7) This continued injustice can be righted

20 through cooperation between agencies of the United

21 States and Poland.

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

23 (1) recognizes the moral right of Dina Babbitt to

24 obtain the artwork she created, and recognizes her

25 courage in the face of the evils perpetrated by the
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1 Nazi command of the Auschwitz-Birkenau death

2 camp, including the atrocities committed by Dr. Josef

3 Mengele;

4 (2) urges the President to make all efforts nec5 essary to retrieve the seven watercolor portraits Dina

6 Babbitt painted, while suffering a year-and-a-half7 long internment at the Auschwitz death camp, and re8 turn them to her;

9 (3) urges the Secretary of State to make imme10 diate diplomatic efforts to facilitate the transfer of the

11 seven original watercolors painted by Dina Babbitt

12 from the Auschwitz-Birkenau State Museum to Dina

13 Babbitt, their rightful owner;

14 (4) urges the Government of Poland to imme15 diately facilitate the return to Dina Babbitt of the

16 artwork painted by her that is now in the possession

17 of the Auschwitz-Birkenau State Museum; and

18 (5) urges the officials of the Auschwitz-Birkenau

19 State Museum to transfer the seven original paintings

20 to Dina Babbitt as expeditiously as possible.

21 SEC. 743. SENSE OF CONGRESS REGARDING VIETNAMESE

22 REFUGEE FAMILIES.

23 It is the sense of the Congress that Vietnamese refugees

24 who served substantial sentences in re-education camps due

25 to their wartime associations with the United States and
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1 who, subsequently, were resettled in the United States

2 should be permitted to include their unmarried sons and

3 daughters as family members for purposes of such resettle4 ment.

5 SEC. 744. SENSE OF CONGRESS RELATING TO MEMBERSHIP

6 OF THE UNITED STATES IN UNESCO.

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

8 findings:

9 (1) The United Nations Educational, Scientific,

10 and Cultural Organization (UNESCO) was created

11 in 1946 with the support of the United States as an

12 integral part of the United Nations systems, designed

13 to promote international cooperation and exchanges

14 in the fields of education, science, culture, and com15 munication with the larger purpose of constructing

16 the defense of peace against intolerance and incite17 ment to war.

18 (2) In 1984, the United States withdrew from

19 membership in UNESCO over serious questions of in20 ternal management and political polarization.

21 (3) Since the United States withdrew from the

22 organization, UNESCO addressed such criticisms by

23 electing new leadership, tightening financial controls,

24 cutting budget and staff, restoring recognition of in-
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1 tellectual property rights, and supporting the prin2 ciple of a free and independent international press.

3 (4) In 1993, the General Accounting Office, after

4 conducting an extensive review of UNESCO’s progress

5 in implementing changes, concluded that the organi6 zation’s member states, the Director General of

7 UNESCO, managers and employee associations dem8 onstrated a commitment to management reform

9 through their actions.

10 (5) On September 28, 2000, former Secretary of

11 State George P. Schultz, who implemented the with12 drawal of the United States from UNESCO with a

13 letter to the organization’s Director General in 1984,

14 indicated his support for the United States renewal of

15 membership in UNESCO.

16 (6) The participation of the United States in

17 UNESCO programs offers a means for furthering the

18 foreign policy interests of the United States through

19 the promotion of cultural understanding and the

20 spread of knowledge critical to strengthening civil so21 ciety.

22 (b) SENSE OF CONGRESS.—It is the sense of the Con23 gress that the President should take all necessary steps to

24 renew the membership and participation of the United
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1 States in the United Nations Educational, Scientific and

2 Cultural Organization (UNESCO).

3 SEC. 745. SENSE OF CONGRESS RELATING TO GLOBAL

4 WARMING.

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

6 findings:

7 (1) Global climate change poses a significant

8 threat to national security, the American economy,

9 public health and welfare, and the global environ10 ment.

11 (2) The Intergovernmental Panel on Climate

12 Change (IPCC) has found that most of the observed

13 warming over the last fifty years is attributable to

14 human activities, including fossil fuel-generated car15 bon dioxide emissions.

16 (3) The IPCC has stated that global average sur17 face temperatures have risen since 1861.

18 (4) The IPCC has stated that in the last forty

19 years, the global average sea level has risen, ocean

20 heat content has increased, and snow cover and ice

21 extent have decreased which threatens to inundate

22 low-lying Pacific island nations and coastal regions

23 throughout the world.

24 (5) The Environmental Protection Agency pre25 dicts that global warming will harm United States
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1 citizens by altering crop yields, causing sea levels to

2 rise, and increasing the spread of tropical infectious

3 diseases.

4 (6) Industrial nations are the largest producers

5 today of fossil fuel-generated carbon dioxide emis6 sions.

7 (7) The United States has ratified the United

8 Nations Framework on Climate Change which states,

9 in part, ‘‘the Parties to the Convention are to imple10 ment policies with the aim of returning...to their 1990

11 levels anthropogenic emissions of carbon dioxide and

12 other greenhouse gases’’.

13 (8) The United Nations Framework Convention

14 on Climate Change further states that ‘‘developed

15 country Parties should take the lead in combating cli16 mate change and the adverse effects thereof’’.

17 (9) Action by the United States to reduce emis18 sions, taken in concert with other industrialized na19 tions, will promote action by developing countries to

20 reduce their own emissions.

21 (10) A growing number of major American busi22 nesses are expressing a need to know how governments

23 worldwide will respond to the threat of global warm24 ing.
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1 (11) More efficient technologies and renewable

2 energy sources will mitigate global warming and will

3 make the United States economy more productive and

4 create hundreds of thousands of jobs.

5 (b) SENSE OF CONGRESS.—It is the sense of the Con6 gress that the United States should demonstrate inter7 national leadership and responsibility in mitigating the

8 health, environmental, and economic threats posed by global

9 warming by—

10 (1) taking responsible action to ensure signifi11 cant and meaningful reductions in emissions of car12 bon dioxide and other greenhouse gases from all sec13 tors; and

14 (2) continuing to participate in international

15 negotiations with the objective of completing the rules

16 and guidelines for the Kyoto Protocol in a manner

17 that is consistent with the interests of the United

18 States and that ensures the environmental integrity of

19 the protocol.

20 SEC. 746. SENSE OF CONGRESS REGARDING THE BAN ON

21 SINN FEIN MINISTERS FROM THE NORTH22 SOUTH MINISTERIAL COUNCIL IN NORTHERN

23 IRELAND.

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

25 findings:
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1 (1) The Good Friday Agreement established the

2 North-South Ministerial Council to bring together

3 those with executive responsibilities in Northern Ire4 land and the Republic of Ireland to discuss matters

5 of mutual interest on a cross-border and all-island

6 basis.

7 (2) The Ulster Unionist Party, Social Demo8 cratic and Labour Party, Sinn Fein and the Demo9 cratic Unionist Party comprise the Northern Ireland

10 executive.

11 (3) First Minister David Trimble continues to

12 ban Sinn Fein Ministers Martin McGuiness and

13 Bairbre de Brun from attending North-South Min14 isterial Council meetings.

15 (4) On January 30, 2001, the Belfast High

16 Court ruled First Minister Trimble had acted illegally

17 in preventing the Sinn Fein Ministers from attending

18 the North-South Ministerial Council meetings.

19 (b) SENSE OF CONGRESS.—The Congress calls upon

20 First Minister David Trimble to adhere to the terms of the

21 Good Friday Agreement and lift the ban on the participa22 tion of Sinn Fein Ministers on the North-South Ministerial

23 Council.
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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 Act

5 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 U.S.C.

13 2761 et seq.) is amended by adding at the end the following:

14 ‘‘SEC. 28. QUARTERLY REPORT ON PRICE AND AVAIL15 ABILITY ESTIMATES.

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

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

18 transmit to the Committee on International Relations of the

19 House of Representatives and the Committee on Foreign Re20 lations of the Senate a report that contains the information

21 described in subsection (b).

22 ‘‘(b) INFORMATION.—The information described in this

23 subsection is the following:

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

25 provided by the United States Government during
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1 such calendar quarter to a foreign country with re2 spect to a possible sale under this Act of major defense

3 articles having a cost of $7,000,000 or more, or of any

4 other defense articles or services having a cost of

5 $25,000,000 or more.

6 ‘‘(B) The name of each foreign country to which

7 an estimate described in subparagraph (A) was pro8 vided, the defense articles or services involved, the

9 quantity of the articles or services involved, and the

10 price estimate.

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

12 States Government from a foreign country during

13 such calendar quarter for the issuance of a letter of

14 offer to sell defense articles or defense services if the

15 proposed sale does not include a price and avail16 ability estimate (as described in paragraph (1)(A)).

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

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

19 date of the request, the defense articles or services in20 volved, the quantity of the articles or services in21 volved, and the price and availability terms re22 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 in5 serting ‘‘$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 articles

10 or defense services under the Arms Export Control Act (22

11 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961

12 (22 U.S.C. 2151 et seq.), or any other provision of law, Tai13 wan shall be treated as the equivalent of a major non-NATO

14 ally.

15 SEC. 814. UNITED STATES POLICY WITH REGARD TO TAI16 WAN.

17 (a) CONSULTATION WITH CONGRESS.—Not later than

18 30 days prior to consultations with Taiwan described in

19 subsection (b), the President shall consult, on a classified

20 basis, with Congress regarding the following matters with

21 respect to the availability of defense articles and services

22 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 legitimate

2 defense needs of Taiwan taking into account Taiwan’s

3 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 forces

9 of Taiwan, at not less than the level of Vice Chief of the

10 General Staff, concerning the nature and quantity of de11 fense articles and services to be made available to Taiwan

12 in accordance with section 3(b) of the Taiwan Relations

13 Act (22 U.S.C. 3302(b)). Such consultations shall take place

14 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 insert22 ing ‘‘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, Cro5 atia, 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 estimate

13 of the amount of funds to be expended under such subsection

14 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’’ and

23 inserting ‘‘which may not exceed (A) five years, and

24 (B) a specified period of time required to complete

25 major refurbishment work of the leased articles to be
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1 performed prior to the delivery of the leased articles,’’;

2 and

3 (3) by adding at the end the following:

4 ‘‘(2) In this subsection, the term ‘major refurbishment

5 work’ means work for which the period of performance is

6 six 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 1961

10 (22 U.S.C. 2321j(c)(2)) is amended by striking ‘‘and to

11 major non-NATO allies on such southern and southeastern

12 flank’’ and inserting ‘‘, to major non-NATO allies on such

13 southern and southeastern flank, and to the Philippines’’.

14 CHAPTER 3—NONPROLIFERATION AND

15 EXPORT CONTROL ASSISTANCE

16 SEC. 831. INTERNATIONAL COUNTERPROLIFERATION EDU17 CATION AND TRAINING.

18 Chapter 9 of part II of the Foreign Assistance Act of

19 1961 (22 U.S.C. 2349bb et seq.) is amended—

20 (1) by redesignating sections 584 and 585 as sec21 tions 585 and 586, respectively; and

22 (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 author4 ized to furnish, on such terms and conditions consistent

5 with this chapter (but whenever feasible on a reimbursable

6 basis), education and training to foreign governmental and

7 military personnel for the purpose of enhancing the non8 proliferation and export control capabilities of such per9 sonnel through their attendance in special courses of in10 struction in the United States.

11 ‘‘(b) ADMINISTRATION OF COURSES.—The Secretary of

12 State shall have overall responsibility for the development

13 and conduct of international nonproliferation education

14 and training programs, but may rely upon any of the fol15 lowing agencies to recommend personnel for the education

16 and training, and to administer specific courses of instruc17 tion:

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 (50

3 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; and

14 ‘‘(3) designed to improve the ability of friendly

15 countries to utilize their resources, including defense

16 articles and defense services obtained by them from

17 the United States, with maximum effectiveness, there18 by contributing to greater self-reliance by such coun19 tries.’’.

20 SEC. 832. ANNUAL REPORT ON THE PROLIFERATION OF

21 MISSILES AND ESSENTIAL COMPONENTS OF

22 NUCLEAR, BIOLOGICAL, AND CHEMICAL

23 WEAPONS.

24 (a) REPORT.—
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1 (1) IN GENERAL.—The President shall transmit

2 to the designated congressional committees an annual

3 report on the transfer by any country of weapons,

4 technology, components, or materials that can be used

5 to deliver, manufacture (including research and ex6 perimentation), or weaponize nuclear, biological, or

7 chemical weapons (hereinafter in this section referred

8 to as ‘‘NBC weapons’’) to any country other than a

9 country referred to in subsection (c) that is seeking to

10 possess or otherwise acquire such weapons, technology,

11 or materials, or other system that the Secretary of

12 State or Secretary of Defense has reason to believe

13 could be used to develop, acquire, or deliver NBC

14 weapons.

15 (2) DEADLINE FOR INITIAL REPORT.—The first

16 such report shall be submitted not later than 90 days

17 after the date of the enactment of this Act and on

18 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 Defense
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1 has reason to believe may be intended for the delivery

2 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 rea7 son to believe may be used to deliver NBC weapons;

8 and

9 (3) the transfer of technology, test equipment, ra10 dioactive materials, feedstocks and cultures, and all

11 other specialized materials that the Secretary of State

12 or the Secretary of Defense has reason to believe could

13 be used to manufacture NBC weapons.

14 (c) CONTENT OF REPORT.—Each such report shall in15 clude the following with respect to preceding calendar year:

16 (1) The status of missile, aircraft, and other

17 NBC weapons delivery and weaponization programs

18 in any such country, including efforts by such coun19 try or by any subnational group to acquire MTCR20 controlled equipment, NBC-capable aircraft, or any

21 other weapon or major weapon component which may

22 be utilized in the delivery of NBC weapons, whose

23 primary use is the delivery of NBC weapons, or that

24 the Secretary of State or the Secretary of Defense has
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1 reason to believe could be used to deliver NBC weap2 ons.

3 (2) The status of NBC weapons development, ac4 quisition, manufacture, stockpiling, and deployment

5 programs in any such country, including efforts by

6 such country or by any subnational group to acquire

7 essential test equipment, manufacturing equipment

8 and technology, weaponization equipment and tech9 nology, and radioactive material, feedstocks or compo10 nents of feedstocks, and biological cultures and toxins.

11 (3) A description of assistance provided by any

12 person or government, after the date of the enactment

13 of this Act, to any such country or subnational group

14 in the acquisition or development of—

15 (A) NBC weapons;

16 (B) missile systems, as defined in the

17 MTCR or that the Secretary of State or the Sec18 retary of Defense has reason to believe may be

19 used to deliver NBC weapons; and

20 (C) aircraft and other delivery systems and

21 weapons that the Secretary of State or the Sec22 retary of Defense has reason to believe could be

23 used to deliver NBC weapons.

24 (4) A listing of those persons and countries

25 which continue to provide such equipment or tech-
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1 nology described in paragraph (3) to any country or

2 subnational group as of the date of submission of the

3 report, including the extent to which foreign persons

4 and countries were found to have knowingly and ma5 terially assisted such programs.

6 (5) A description of the use of, or substantial

7 preparations to use, the equipment of technology de8 scribed in paragraph (3) by any foreign country or

9 subnational group.

10 (6) A description of the diplomatic measures that

11 the United States, and that other adherents to the

12 MTCR and other arrangements affecting the acquisi13 tion and delivery of NBC weapons, have made with

14 respect to activities and private persons and govern15 ments suspected of violating the MTCR and such

16 other arrangements.

17 (7) An analysis of the effectiveness of the regu18 latory and enforcement regimes of the United States

19 and other countries that adhere to the MTCR and

20 other arrangements affecting the acquisition and de21 livery of NBC weapons in controlling the export of

22 MTCR and other NBC weapons and delivery system

23 equipment or technology.

24 (8) A summary of advisory opinions issued

25 under section 11B(b)(4) of the Export Administration
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1 Act of 1979 (50 U.S.C. App. 2401b(b)(4)) and under

2 section 73(d) of the Arms Export Control Act (22

3 U.S.C. 2797b(d)).

4 (9) An explanation of United States policy re5 garding the transfer of MTCR equipment or tech6 nology to foreign missile programs, including pro7 grams involving launches of space vehicles.

8 (10) A description of each transfer by any per9 son or government during the preceding 12-month pe10 riod which is subject to sanctions under the Iran-Iraq

11 Arms Non-Proliferation Act of 1992 (title XVI of

12 Public Law 102–484).

13 (d) EXCLUSIONS.—The countries excluded under sub14 section (a) are Australia, Belgium, Canada, the Czech Re15 public, Denmark, France, Germany, Greece, Hungary, Ice16 land, Italy, Japan, Luxembourg, the Netherlands, Norway,

17 Poland, Portugal, Spain, Turkey, the United Kingdom, and

18 the United States.

19 (e) CLASSIFICATION OF REPORT.—The Secretary of

20 State shall make every effort to submit all of the informa21 tion required by this section in unclassified form. Whenever

22 the Secretary submits any such information in classified

23 form, the Secretary shall submit such classified information

24 in an addendum and shall also submit concurrently a de-
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1 tailed summary, in unclassified form, of that classified in2 formation.

3 (f) DEFINITIONS.—In this section:

4 (1) DESIGNATED CONGRESSIONAL COMMIT5 TEES.—The term ‘‘designated congressional commit6 tees’’ means—

7 (A) the Committee on Appropriations, the

8 Committee on Armed Services, and the Com9 mittee on International Relations of the House of

10 Representatives; and

11 (B) the Committees on Appropriations, the

12 Committee on Armed Services, and the Com13 mittee on Foreign Relations of the Senate.

14 (2) MISSILE; MTCR; MTCR EQUIPMENT OR TECH15 NOLOGY.—The terms ‘‘missile’’, ‘‘MTCR’’, and

16 ‘‘MTCR equipment or technology’’ have the meanings

17 given those terms in section 74 of the Arms Export

18 Control Act (22 U.S.C. 2797c).

19 (3) PERSON.—The term ‘‘person’’ means any

20 United States or foreign individual, partnership, cor21 poration, or other form of association, or any of its

22 successor entities, parents, or subsidiaries.

23 (4) WEAPONIZE; WEAPONIZATION.—The term

24 ‘‘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 102–

14 484).

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 of

21 the Foreign Operations, Export Financing, and Re22 lated 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 enactment

6 of this Act, the Secretary of State shall prepare and submit

7 to the appropriate congressional committees a five-year

8 international arms control and nonproliferation strategy.

9 The strategy shall contain the following:

10 (1) A five-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 ‘‘DIP6 LOMATIC AND CONSULAR PROGRAMS’’ for fiscal years 2002

7 and 2003, not less than $10,000,000 shall be made available

8 each such fiscal year for the Office of Defense Trade Controls

9 of the Department of State for salaries and expenses.

10 (b) ASSIGNMENT OF LICENSE REVIEW OFFICERS.—Ef11 fective January 1, 2002, the Secretary of State shall assign

12 to the Office of Defense Trade Controls of the Department

13 of State a sufficient number of license review officers to en14 sure that the average weekly caseload for each officer does

15 not exceed 40.

16 (c) DETAILEES.—Given the priority placed on expe17 dited license reviews in recent years by the Department of

18 Defense, the Secretary of Defense should ensure that 10

19 military officers are continuously detailed to the Office of

20 Defense Trade Controls of the Department of State on a

21 nonreimbursable basis.

22 SEC. 842. FUNDING FOR DATABASE AUTOMATION.

23 Of the amounts authorized to be appropriated under

24 the appropriations account entitled ‘‘CAPITAL INVESTMENT

25 FUND’’ for fiscal years 2002 and 2003, not less than
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1 $4,000,000 shall be made available each such fiscal year

2 for the Office of Defense Trade Controls of the Department

3 of State for the modernization of information management

4 systems.

5 SEC. 843. INFORMATION MANAGEMENT PRIORITIES.

6 (a) OBJECTIVE.—The Secretary of State shall establish

7 a secure, Internet-based system for the filing and review of

8 applications for export of Munitions List items.

9 (b) ESTABLISHMENT OF A MAINFRAME.—Of the

10 amounts made available pursuant to section 842, not less

11 than $3,000,000 each such fiscal year shall be made avail12 able to fully automate the Defense Trade Application Sys13 tem, and to ensure that the system—

14 (1) is an electronic system for the filing and re15 view of Munitions List license applications;

16 (2) is secure, with modules available through the

17 Internet; and

18 (3) is capable of exchanging data with—

19 (A) the Foreign Disclosure and Technology

20 Information System and the USXPORTS sys21 tems of the Department of Defense;

22 (B) the Export Control System of the Cen23 tral Intelligence Agency; and

24 (C) the Proliferation Information Network

25 System of the Department of Energy.
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1 (c) MUNITIONS LIST DEFINED.—In this section, the

2 term ‘‘Munitions List’’ means the United States Munitions

3 List of defense articles and defense services controlled under

4 section 38 of the Arms Export Control Act (22 U.S.C. 2778).

5 SEC. 844. IMPROVEMENTS TO THE AUTOMATED EXPORT

6 SYSTEM.

7 (a) MANDATORY FILING.—The Secretary of Commerce,

8 with the concurrence of the Secretary of State and the Sec9 retary of the Treasury, shall publish regulations in the Fed10 eral Register to require, upon the effective date of those regu11 lations, the mandatory filing through the Automated Ex12 port System for the remainder of exports that were not cov13 ered by regulations issued pursuant to section 1252(b) of

14 the Security Assistance Act of 1999 (113 Stat. 1501A–506),

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

16 106–113.

17 (b) REQUIREMENT FOR INFORMATION SHARING.—The

18 Secretary of State shall conclude an information sharing

19 arrangement with the heads of United States Customs Serv20 ice and the Census Bureau to adjust the Automated Export

21 System to parallel information currently collected by the

22 Department of State.

23 (c) SECRETARY OF TREASURY FUNCTIONS.—Section

24 303 of title 13, United States Code, is amended by striking

25 ‘‘, other than by mail,’’.
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1 (d) FILING EXPORT INFORMATION, DELAYED FILINGS,

2 PENALTIES FOR FAILURE TO FILE.—Section 304 of title

3 13, United States Code, is amended—

4 (1) in subsection (a)—

5 (A) in the first sentence, by striking ‘‘the

6 penal sum of $1,000’’ and inserting ‘‘a penal

7 sum of $10,000’’; and

8 (B) in the third sentence, by striking ‘‘a

9 penalty not to exceed $100 for each day’s delin10 quency beyond the prescribed period, but not

11 more than $1,000, shall be exacted’’ and insert12 ing ‘‘the Secretary of Commerce (and officers

13 and employees of the Department of Commerce

14 designated by the Secretary) may impose a civil

15 penalty not to exceed $1,000 for each day’s delin16 quency beyond the prescribed period, but not

17 more than $10,000 per violation’’;

18 (2) by redesignating subsection (b) as subsection

19 (c); and

20 (3) by inserting after subsection (a) the fol21 lowing:

22 ‘‘(b) Any person, other that a person described in

23 subsection (a), required to submit export information, shall

24 file such information in accordance with any rule, regula25 tion, or order issued pursuant to this chapter. In the event
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1 any such information or reports are not filed within such

2 prescribed period, the Secretary of Commerce (and officers

3 and employees of the Department of Commerce designated

4 by the Secretary) may impose a civil penalty not to exceed

5 $1,000 for each day’s delinquency beyond the prescribed

6 period, but not more than $10,000 per violation.’’.

7 (e) ADDITIONAL PENALTIES.—

8 (1) IN GENERAL.—Section 305 of title 13,

9 United States Code, is amended to read as follows:

10 ‘‘§ 305. Penalties for unlawful export information ac11 tivities

12 ‘‘(a) CRIMINAL PENALTIES.—(1) Any person who

13 knowingly fails to file or knowingly submits false or mis14 leading export information through the Shippers Export

15 Declaration (SED) (or any successor document) or the

16 Automated Export System (AES) shall be subject to a fine

17 not to exceed $10,000 per violation or imprisonment for not

18 more than 5 years, or both.

19 ‘‘(2) Any person who knowingly reports any informa20 tion on or uses the SED or the AES to further any illegal

21 activity shall be subject to a fine not to exceed $10,000 per

22 violation or imprisonment for not more than 5 years, or

23 both.
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1 ‘‘(3) Any person who is convicted under this subsection

2 shall, in addition to any other penalty, forfeit to the United

3 States—

4 ‘‘(A) any of that person’s interest in, security of,

5 claim against, or property or contractual rights of

6 any kind in the goods or tangible items that were the

7 subject of the violation;

8 ‘‘(B) any of that person’s interest in, security of,

9 claim against, or property or contractual rights of

10 any kind in tangible property that was used in the

11 export or attempt to export that was the subject of the

12 violation; and

13 ‘‘(C) any of that person’s property constituting,

14 or derived from, any proceeds obtained directly or in15 directly as a result of the violation.

16 ‘‘(b) CIVIL PENALTIES.—The Secretary (and officers

17 and employees of the Department of Commerce specifically

18 designated by the Secretary) may impose a civil penalty

19 not to exceed $10,000 per violation on any person violating

20 the provisions of this chapter or any rule, regulation, or

21 order issued thereunder, except as provided in section 304.

22 Such penalty may be in addition to any other penalty im23 posed by law.

24 ‘‘(c) CIVIL PENALTY PROCEDURE.—(1) When a civil

25 penalty is sought for a violation of this section or of section
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1 304, the charged party is entitled to receive a formal com2 plaint specifying the charges and, at his or her request, to

3 contest the charges in a hearing before an administrative

4 law judge. Any such hearing shall be conducted in accord5 ance with sections 556 and 557 of title 5, United States

6 Code.

7 ‘‘(2) If any person fails to pay a civil penalty imposed

8 under this chapter, the Secretary may ask the Attorney

9 General to commence a civil action in an appropriate dis10 trict court of the United States to recover the amount im11 posed (plus interest at currently prevailing rates from the

12 date of the final order). No such action may be commenced

13 more than 5 years after the order imposing the civil penalty

14 becomes final. In such action, the validity, amount, and

15 appropriateness of such penalty shall not be subject to re16 view.

17 ‘‘(3) The Secretary may remit or mitigate any pen18 alties imposed under paragraph (1) if, in his or her

19 opinion—

20 ‘‘(A) the penalties were incurred without willful

21 negligence or fraud; or

22 ‘‘(B) other circumstances exist that justify a re23 mission or mitigation.

24 ‘‘(4) If, pursuant to section 306, the Secretary dele25 gates functions under this section to another agency, the
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1 provisions of law of that agency relating to penalty assess2 ment, remission or mitigation of such penalties, collection

3 of such penalties, and limitations of actions and com4 promise of claims, shall apply.

5 ‘‘(5) Any amount paid in satisfaction of a civil pen6 alty imposed under this section or section 304 shall be de7 posited into the general fund of the Treasury and credited

8 as miscellaneous receipts.

9 ‘‘(d) ENFORCEMENT.—(1) The Secretary of Commerce

10 may designate officers or employees of the Office of Export

11 Enforcement to conduct investigations pursuant to this

12 chapter. In conducting such investigations, those officers or

13 employees may, to the extent necessary or appropriate to

14 the enforcement of this chapter, exercise such authorities as

15 are conferred upon them by other laws of the United States,

16 subject to policies and procedures approved by the Attorney

17 General.

18 ‘‘(2) The Commissioner of Customs may designate offi19 cers or employees of the Customs Service to enforce the pro20 visions of this chapter, or to conduct investigations pursu21 ant to this chapter.

22 ‘‘(e) REGULATIONS.—The Secretary of Commerce shall

23 promulgate regulations for the implementation and enforce24 ment of this section.
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1 ‘‘(f) EXEMPTION.—The criminal fines provided for in

2 this section are exempt from the provisions of section 3571

3 of title 18, United States Code.’’.

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of chapter 9 of title 13, United

6 States Code, is amended by striking the item relating

7 to section 305 and inserting the following:

‘‘305. Penalties for unlawful export information activities.’’.

8 SEC. 845. CONGRESSIONAL NOTIFICATION OF REMOVAL OF

9 ITEMS FROM THE MUNITIONS LIST.

10 Section 38(f)(1) of the Arms Export Control Act (22

11 U.S.C. 2778(f)(1)) is amended by striking the third sentence

12 and inserting the following: ‘‘The President may not remove

13 any item from the Munitions List until 30 days after the

14 date on which the President has provided notice of the pro15 posed removal to the Committee on International Relations

16 of the House of Representatives and to the Committee on

17 Foreign Relations of the Senate in accordance with the pro18 cedures applicable to reprogramming notifications under

19 section 634A(a) of the Foreign Assistance Act of 1961. Such

20 notice shall describe the nature of any controls to be im21 posed on that item under any other provision of law.’’.

22 SEC. 846. CONGRESSIONAL NOTIFICATION THRESHOLDS

23 FOR ALLIED COUNTRIES.

24 The Arms Export Control Act (22 U.S.C. 2751 et seq.)

25 is amended—
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1 (1) in paragraphs (1) and (3)(A) of section 3(d),

2 by adding after ‘‘at $50,000,000 or more’’ each place

3 it appears the following: ‘‘(or, in the case of a transfer

4 to a country which is a member country of the North

5 Atlantic Treaty Organization (NATO) or Australia,

6 Japan, or New Zealand, any major defense equip7 ment valued (in terms of its original acquisition cost)

8 at $25,000,000 or more, or of defense articles or de9 fense services valued (in terms of its original acquisi10 tion cost) at $100,000,000 or more)’’;

11 (2) in section 36(b)(1), by adding after ‘‘for

12 $14,000,000 or more’’ the following: ‘‘(or, in the case

13 of a letter of offer to sell to a country which is a

14 member country of the North Atlantic Treaty Organi15 zation (NATO) or Australia, Japan, or New Zealand,

16 any major defense equipment under this Act for

17 $25,000,000 or more, any defense articles or services

18 for $100,000,000 or more, or any design and con19 struction services for $300,000,000 or more)’’;

20 (3) in section 36(b)(5)(C), by adding after ‘‘or

21 $200,000,000 or more in the case of design or con22 struction services’’ the following: ‘‘(or, in the case of

23 a letter of offer to sell to a country which is a member

24 country of the North Atlantic Treaty Organization

25 (NATO) or Australia, Japan, or New Zealand, any
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1 major defense equipment for $25,000,000 or more,

2 any defense articles or services for $100,000,000 or

3 more, or any design and construction services for

4 $300,000,000 or more)’’;

5 (4) in section 36(c)(1), by adding after

6 ‘‘$50,000,000 or more’’ the following: ‘‘(or, in the case

7 of an application by a person (other than with regard

8 to a sale under section 21 or section 22 of this Act)

9 for a license for the export to a country which is a

10 member country of the North Atlantic Treaty Organi11 zation (NATO) or Australia, Japan, or New Zealand,

12 of any major defense equipment sold under a contract

13 in the amount of $25,000,000 or more or of defense

14 articles or defense services sold under a contract in

15 the amount of $100,000,000 or more)’’; and

16 (5) in section 63(a), by adding after

17 ‘‘$50,000,000 or more’’ the following: ‘‘(or, in the case

18 of such an agreement with a country which is a mem19 ber country of the North Atlantic Treaty Organiza20 tion (NATO) or Australia, Japan, or New Zealand,

21 (i) major defense equipment valued (in terms of its

22 replacement cost less any depreciation in its value) at

23 $25,000,000 or more, or (ii) defense articles valued

24 (in terms of their replacement cost less any deprecia25 tion in their value) at $100,000,000 or more)’’.
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1 Subtitle C—Authority to Transfer

2 Naval Vessels

3 SEC. 851. AUTHORITY TO TRANSFER NAVAL VESSELS TO

4 CERTAIN FOREIGN COUNTRIES.

5 (a) AUTHORITY TO TRANSFER.—

6 (1) BRAZIL.—The President is authorized to

7 transfer to the Government of Brazil the ‘‘Newport’’

8 class tank landing ship Peoria (LST 1183). Such

9 transfer shall be on a sale basis under section 21 of

10 the Arms Export Control Act (22 U.S.C. 2761).

11 (2) POLAND.—The President is authorized to

12 transfer to the Government of Poland the ‘‘Oliver

13 Hazard Perry’’ class guided missile frigate Wads14 worth (FFG 9). Such transfer shall be on a grant

15 basis under section 516 of the Foreign Assistance Act

16 of 1961 (22 U.S.C. 2321j).

17 (3) TAIWAN.—The President is authorized to

18 transfer to the Taipai Economic and Cultural Rep19 resentative Office in the United States (which is the

20 Taiwan instrumentality designated pursuant to sec21 tion 10(a) of the Taiwan Relations Act) the ‘‘Kidd’’

22 class guided missile destroyers Kidd (DDG 993),

23 Callaghan (DDG 994), Scott (DDG 995), and Chan24 dler (DDG 996). Such transfers shall be on a sales
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1 basis under section 21 of the Arms Export Control

2 Act (22 U.S.C. 2761).

3 (4) TURKEY.—The President is authorized to

4 transfer to the ‘‘Oliver Hazard Perry’’ class guided

5 missile frigates Estocin (FFG 15) and Samuel Eliot

6 Morrison (FFG 13). Each such transfer shall be on a

7 sale basis under section 21 of the Arms Export Con8 trol Act (22 U.S.C. 2761). The President is further

9 authorized to transfer to the Government of Turkey

10 the ‘‘Knox’’ class frigates Capadanno (FF 1093),

11 Thomas C. Hart (FF 1092), Donald B. Beary (FF

12 1085), McCandless (FF 1084), Reasoner (FF 1063),

13 and Bowen (FF 1079). The transfer of these 6

14 ‘‘Knox’’ class frigates shall be on a grant basis under

15 section 516 of the Foreign Assistance Act of 1961 (22

16 U.S.C. 2321j).

17 (b) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

18 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value of

19 a vessel transferred to another country on a grant basis

20 under section 516 of the Foreign Assistance Act of 1961 (22

21 U.S.C. 2321j) pursuant to authority provided by subsection

22 (a) shall not be counted for the purposes of subsection (g)

23 of that section in the aggregate value of excess defense arti24 cles transferred to countries under that section in any fiscal

25 year.
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1 (c) COSTS OF TRANSFERS.—Notwithstanding section

2 516(e)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.

3 2321j(e)(1)), any expense incurred by the United States in

4 connection with a transfer authorized to be made on a grant

5 basis under subsection (a) shall be charged to the recipient.

6 (d) REPAIR AND REFURBISHMENT IN UNITED STATES

7 SHIPYARDS.—To the maximum extent practicable, the

8 President shall require, as a condition of the transfer of a

9 vessel under this section, that the country to which the vessel

10 is transferred have such repair or refurbishment of the vessel

11 as is needed, before the vessel joins the naval forces of that

12 country, performed at a United States Navy shipyard or

13 other shipyard located in the United States.

14 (e) EXPIRATION OF AUTHORITY.—The authority pro15 vided under subsection (a) shall expire at the end of the

16 2-year period beginning on the date of the enactment of this

17 Act.

18 Subtitle D—Miscellaneous

19 Provisions

20 SEC. 861. ANNUAL FOREIGN MILITARY TRAINING REPORTS.

21 Section 656(a) of the Foreign Assistance Act of 1961

22 (22 U.S.C. 2416) is amended—

23 (1) by striking ‘‘Not later than January 31 of

24 each year,’’ and inserting ‘‘Upon written request by

25 the chairman or ranking member of the Committee on
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1 International Relations of the House of Representa2 tives or the Committee on Foreign Relations of the

3 Senate,’’; and

4 (2) by inserting ‘‘of a country specified in the re5 quest’’ after ‘‘personnel’’.

6 SEC. 862. REPORT RELATING TO INTERNATIONAL ARMS

7 SALES CODE OF CONDUCT.

8 Section 1262(c) of the Admiral James W. Nance and

9 Meg Donovan Foreign Relations Authorization Act, Fiscal

10 Years 2000 and 2001 (as enacted by section 1000(a)(7) of

11 Public Law 106–113; 113 Stat 1501A–508) is amended—

12 (1) in paragraph (1)—

13 (A) by striking ‘‘commencement of the nego14 tiations under subsection (a),’’ and inserting

15 ‘‘date of the enactment of the Foreign Relations

16 Authorization Act, Fiscal Years 2002 and

17 2003,’’; and

18 (B) by striking ‘‘during these negotiations.’’

19 and inserting ‘‘to begin negotiations and any

20 progress made to conclude an agreement during

21 negotiations.’’; and

22 (2) in paragraph (2), by striking ‘‘subsection

23 (a)’’ and inserting ‘‘subsection (b)’’.
Union Calendar No. 34

107TH CONGRESS

1ST SESSION H. R. 1646

[Report No. 107–57]

A BILL

To authorize appropriations for the Department of

State for fiscal years 2002 and 2003, and forother purposes.

MAY 4, 2001

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed