H. R. 1646—24
SEC. 233. PROCESSING OF VISA APPLICATIONS.
(a) IN GENERAL.—It shall be the policy of the Department
to process each visa application from an alien classified as an
immediate relative or as a K–1 nonimmigrant within 30 days of
the receipt of all necessary documents from the applicant and
the Immigration and Naturalization Service. In the case of an
immigrant visa application where the petitioner is a relative other
than an immediate relative, it should be the policy of the Depart-
ment to process such an application within 60 days of the receipt
of all necessary documents from the applicant and the Immigration
and Naturalization Service.
(b) DEFINITIONS.—In this section:
(1) IMMEDIATE RELATIVE.—The term ‘‘immediate relative’’
has the meaning given the term in section 201(b)(2)(A)(i) of
the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).
(2) K–1 NONIMMIGRANT.—The term ‘‘K–1 nonimmigrant’’
means 
a 
nonimmigrant 
alien 
described 
in 
section
101(a)(15)(K)(i) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(K)(i)).
SEC. 234. MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (8 U.S.C. 1351 note) is amended by adding
at the end the following:
‘‘(3) For the fiscal year 2003, any amount that exceeds
$460,000,000 may be made available only if a notification is
submitted to Congress in accordance with the procedures
applicable to reprogramming notifications under section 34 of
the State Department Basic Authorities Act of 1956.’’.
Subtitle D—Migration and Refugees
SEC. 241. PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF
REFUGEES.
Title I of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a et seq.), as amended by section 204 of this Act,
is further amended by adding at the end the following new section:
‘‘SEC. 58. PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF
REFUGEES.
‘‘(a) PROHIBITION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
none of the funds made available to the Department of State,
or the United States Emergency Refugee and Migration Assist-
ance Fund established in section 2(c) of the Migration and
Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)), may be
available to effect the involuntary return by the United States
of any person to a country in which the person has a well-
founded fear of persecution on account of race, religion, nation-
ality, membership in a particular social group, or political
opinion.
‘‘(2) EXCEPTION.—The prohibition in paragraph (1) does
not apply to the return of any person on grounds recognized
as precluding protection as a refugee under the United Nations
Convention Relating to the Status of Refugees of July 28,
1951, and the Protocol Relating to the Status of Refugees
of January 31, 1967, subject to the reservations contained in
H. R. 1646—25
the United States Senate resolution of advice and consent to
ratification of the Protocol.
‘‘(b) CONGRESSIONAL NOTIFICATION REQUIRED IN ALL CASES.—
None of the funds made available to the Department of State,
or the United States Emergency Refugee and Migration Assistance
Fund established in section 2(c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)), may be available to
effect the involuntary return by the United States of any person
to any country unless the Secretary first notifies the appropriate
congressional committees, except that, in the case of an emergency
involving a threat to human life, the Secretary shall notify the
appropriate congressional committees as soon as practicable.
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this section shall
be construed as affecting activities of the Department of State
that relate to removal proceedings under the Immigration and
Nationality Act or extradition.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means the Committee
on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
‘‘(2) TO EFFECT THE INVOLUNTARY RETURN.—The term ‘‘to
effect the involuntary return’’ means to require, by means of
physical force or circumstances amounting to a threat thereof,
a person to return to a country against the person’s will, regard-
less of whether the person is physically present in the United
States and regardless of whether the United States acts directly
or through an agent.’’.
SEC. 242. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL
ORGANIZATION FOR MIGRATION.
Section 2(a) of the Migration and Refugee Assistance Act of
1962 (22 U.S.C. 2601(a)) is amended to read as follows:
‘‘(a)(1) The President is authorized to continue membership
for the United States in the International Organization for Migra-
tion in accordance with the constitution of such organization
approved in Venice, Italy, on October 19, 1953, as amended in
Geneva, Switzerland, on November 24, 1998, upon entry into force
of such amendments.
‘‘(2) For the purpose of assisting in the movement of refugees
and migrants, there are authorized to be appropriated to the Presi-
dent such amounts as may be necessary from time to time for
payment by the United States of its contributions to the Inter-
national Organization for Migration and all necessary salaries and
expenses incidental to United States participation in such organiza-
tion.’’.
SEC. 243. REPORT ON OVERSEAS REFUGEE PROCESSING.
(a) REPORT ON OVERSEAS REFUGE PROCESSING.—Not later than
120 days after the date of the enactment of this Act, the Secretary
shall submit to the appropriate congressional committees a report
on overseas processing of refugees for admission to the United
States.
(b) CONTENTS.—The report shall include the following detailed
information:
(1) United States procedures for the identification of refu-
gees who are particularly vulnerable or whose individual cir-
cumstances otherwise suggest an urgent need for resettlement,
H. R. 1646—26
including the extent to which the Department now insists on
referral by the United Nations High Commissioner for Refugees
as a prerequisite to consideration of such refugees for resettle-
ment in the United States, together with a plan for the
expanded use of alternatives to such referral, including the
use of field-based nongovernmental organizations to identify
refugees in urgent need of resettlement.
(2) The extent to which the Department makes use in
overseas refugee processing of the designation of groups of
refugees who are of special concern to the United States,
together with the reasons for any decline in such use over
the last 10 years and a plan for making more generous use
of such categories in the future.
(3) The extent to which the United States currently pro-
vides opportunities for resettlement in the United States of
individuals who are close family members of citizens or lawful
residents of the United States, together with the reasons for
any decline in the extent of such provision over the last 10
years and a plan for expansion of such opportunities in the
future.
(4) The extent to which opportunities for resettlement in
the United States are currently provided to ‘‘urban refugees’’
and others who do not currently reside in refugee camps,
together with a plan for increasing such opportunities, particu-
larly for refugees who are in urgent need of resettlement,
who are members of refugee groups of special interest to the
United States, or who are close family members of United
States citizens or lawful residents.
(5) The Department’s assessment of the feasibility and
desirability of modifying the Department’s current list of ref-
ugee priorities to create an additional category for refugees
whose need for resettlement is based on a long period of resi-
dence in a refugee camp with no immediate prospect of safe
and voluntary repatriation to their country of origin or last
permanent residence.
(6) The extent to which the Department uses private vol-
untary agencies to assist in the identification of refugees for
admission to the United States, including the Department’s
assessment of the advantages and disadvantages of private
voluntary agencies, the reasons for any decline in the Depart-
ment’s use of voluntary agencies over the last 10 years, and
a plan for the expanded use of such agencies.
(7) The extent to which the per capita reception and place-
ment grant to voluntary agencies assisting in resettlement of
refugees has increased over the last 10 years commensurate
with the cost to such agencies of providing such services.
(8) An estimate of the cost of each change in current
practice or procedure discussed in the report, together with
an estimate of any increase in the annual refugee admissions
ceiling that would be necessary to implement each change.
H. R. 1646—27
TITLE III—ORGANIZATION AND PER-
SONNEL OF THE DEPARTMENT OF
STATE
Subtitle A—Organizational Matters
SEC. 301. COMPREHENSIVE WORKFORCE PLAN.
(a) WORKFORCE PLAN.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a comprehensive workforce
plan for the Department for the fiscal years 2003 through 2007.
The plan shall consider personnel needs in both the Civil Service
and the Foreign Service and expected domestic and overseas per-
sonnel allocations. The workforce plan should set forth—
(1) the detailed mission of the Department;
(2) the definition of work to be done;
(3) a description of cyclical personnel needs based on
expected retirements and attrition; and
(4) a statement of the time required to hire, train, and
deploy new personnel.
(b) DOMESTIC STAFFING MODEL.—Not later than one year after
the date of the enactment of this Act, the Secretary shall compile
and submit to the appropriate congressional committees a domestic
staffing model for the Department.
SEC. 302. ‘‘RIGHTSIZING’’ OVERSEAS POSTS.
(a) ‘‘RIGHTSIZING’’ AT THE DEPARTMENT OF STATE.—
(1) IN GENERAL.—The Secretary shall establish a task force
within the Department on the issue of ‘‘rightsizing’’ overseas
posts.
(2) PRELIMINARY REPORT.—Not later than 120 days after
the date of the enactment of this Act, the Secretary shall
submit to the appropriate congressional committees a report
that outlines the status, plans, and activities of the task force.
In addition to such other information as the Secretary considers
appropriate, the report shall include the following:
(A) The objectives of the task force.
(B) Measures for achieving the objectives under
subparagraph (A).
(C) Identification of the official of the Department with
primary responsibility for the issue of ‘‘rightsizing’’.
(D) The plans of the Department for the reallocation
of staff and resources based on changing needs at overseas
posts and in the metropolitan Washington, D.C., area.
(3) REPORT.—Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report reviewing the
activities and progress of the task force established under para-
graph (1).
(b) INTERAGENCY WORKING GROUP.—
(1) ESTABLISHMENT.—The Secretary shall establish an
interagency working group on the issue of ‘‘rightsizing’’ the
overseas presence of the United States Government.
(2) PRELIMINARY REPORT.—Not later than 120 days after
the date of the enactment of this Act, the Secretary shall
H. R. 1646—28
submit to the appropriate congressional committees a report
which outlines the status, plans, and activities of the inter-
agency working group. In addition to such other information
as the Secretary considers appropriate, the report shall include
the following:
(A) The objectives of the working group.
(B) Measures for achieving the objectives under
subparagraph (A).
(C) Identification of the official of each agency with
primary responsibility for the issue of ‘‘rightsizing’’.
(3) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report reviewing the
activities and progress of the working group established under
paragraph (1).
SEC. 303. QUALIFICATIONS OF CERTAIN OFFICERS OF THE DEPART-
MENT OF STATE.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended—
(1) by striking subsections (f) and (g); and
(2) by inserting after subsection (e) the following new sub-
section:
‘‘(f) QUALIFICATIONS OF CERTAIN OFFICERS OF THE DEPARTMENT
OF STATE.—
‘‘(1) OFFICER
HAVING
PRIMARY
RESPONSIBILITY
FOR
PER-
SONNEL MANAGEMENT.—The officer of the Department of State
with primary responsibility for assisting the Secretary with
respect to matters relating to personnel in the Department
of State, or that officer’s principal deputy, shall have substantial
professional qualifications in the field of human resource policy
and management.
‘‘(2) OFFICER HAVING PRIMARY RESPONSIBILITY FOR DIPLO-
MATIC SECURITY.—The officer of the Department of State with
primary responsibility for assisting the Secretary with respect
to diplomatic security, or that officer’s principal deputy, shall
have substantial professional qualifications in the fields of (A)
management, and (B) Federal law enforcement, intelligence,
or security.
‘‘(3) OFFICER HAVING PRIMARY RESPONSIBILITY FOR INTER-
NATIONAL NARCOTICS AND LAW ENFORCEMENT.—The officer of
the Department of State with primary responsibility for
assisting the Secretary with respect to international narcotics
and law enforcement, or that officer’s principal deputy, shall
have substantial professional qualifications in the fields of (A)
management, and (B) law enforcement or international nar-
cotics policy.’’.
Subtitle B—Personnel Matters
SEC. 311. THOMAS JEFFERSON STAR FOR FOREIGN SERVICE.
Section 36A of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708a) is amended—
(1) in the section heading, by striking ‘‘FOREIGN SERVICE
STAR’’ and inserting ‘‘THOMAS JEFFERSON STAR FOR FOREIGN
SERVICE’’; and
H. R. 1646—29
(2) by striking ‘‘Foreign Service star’’ each place it appears
and inserting ‘‘Thomas Jefferson Star for Foreign Service’’.
SEC. 312. PRESIDENTIAL RANK AWARDS.
(a) COMPARABLE PAYMENTS.—Section 405(b)(3) of the Foreign
Service Act of 1980 (22 U.S.C. 3965(b)(3)) is amended by striking
the second sentence and inserting ‘‘Payments under this paragraph
to a member of the Senior Foreign Service may not exceed, in
any fiscal year, the percentage of basic pay established under section
4507(e)(1) of title 5, United States Code, for a Meritorious Executive,
except that payments of the percentage of the basic pay established
under section 4507(e)(2) of such title for Distinguished Executives
may be made in any fiscal year to up to 1 percent of the members
of the Senior Foreign Service.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect October 1, 2002.
SEC. 313. FOREIGN SERVICE NATIONAL SAVINGS FUND.
Section 408(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3968(a)(1)) is amended in the third sentence by striking ‘‘(C)’’ and
all that follows through ‘‘covered employees.’’ and inserting ‘‘(C)
payments by the Government and employees to (i) a trust or other
fund in a financial institution in order to finance future benefits
for employees, including provision for retention in the fund of
accumulated interest and dividends for the benefit of covered
employees; or (ii) a Foreign Service National Savings Fund estab-
lished in the Treasury of the United States, which (I) shall be
administered by the Secretary, at whose direction the Secretary
of the Treasury shall invest amounts not required for the current
needs of the Fund; and (II) shall be public monies, which are
authorized to be appropriated and remain available without fiscal
year limitation to pay benefits, to be invested in public debt obliga-
tions bearing interest at rates determined by the Secretary of
the Treasury taking into consideration current average market
yields on outstanding marketable obligations of the United States
of comparable maturity, and to pay administrative expenses.’’.
SEC. 314. CLARIFICATION OF SEPARATION FOR CAUSE.
(a) IN GENERAL.—Section 610(a) of the Foreign Service Act
of 1980 (22 U.S.C. 4010(a)) is amended—
(1) in paragraph (1), by inserting ‘‘decide to’’ after ‘‘may’’;
(2) by striking paragraphs (2), (3), (4), (5), and (6); and
(3) by inserting after paragraph (1) the following:
‘‘(2)(A) Except as provided in subparagraph (B), whenever the
Secretary decides under paragraph (1) to separate, on the basis
of misconduct, any member of the Service (other than a United
States citizen employed under section 311 of the Foreign Service
Act of 1980 who is not a family member) who either—
‘‘(i) is serving under a career appointment, or
‘‘(ii) is serving under a limited appointment,
the member may not be separated from the Service until the
member receives a hearing before the Foreign Service Grievance
Board and the Board decides that cause for separation has been
established, unless the member waives, in writing, the right to
such a hearing, or the member’s appointment has expired, which-
ever is sooner.
‘‘(B) The right to a hearing in subparagraph (A) does not
apply in the case of an individual who has been convicted of a
H. R. 1646—30
crime for which a sentence of imprisonment of more than one
year may be imposed.
‘‘(3) If the Board decides that cause for separation has not
been established, the Board may direct the Department to pay
reasonable attorneys’ fees to the extent and in the manner provided
by section 1107(b)(5). The hearing provided under this paragraph
shall be conducted in accordance with the hearing procedures
applicable to grievances under section 1106 and shall be in lieu
of any other administrative procedure authorized or required by
this or any other Act. Section 1110 shall apply to proceedings
under this paragraph.
‘‘(4) Notwithstanding the hearing required by paragraph (2),
at the time that the Secretary decides to separate a member of
the Service for cause, the member shall be placed on leave without
pay. If the member does not waive the right to a hearing, and
the Board decides that cause for separation has not been estab-
lished, the member shall be reinstated with back pay.’’.
(b) CONFORMING AMENDMENTS.—Section 1106(8) of the Foreign
Service Act of 1980 (22 U.S.C. 4136(8)) is amended—
(1) in the first sentence—
(A) by striking ‘‘the involuntary separation of the griev-
ant,’’; and
(B) by striking ‘‘grievant, or’’ and inserting ‘‘grievant
or’’; and
(2) by striking the last sentence.
SEC. 315. DEPENDENTS ON FAMILY VISITATION TRAVEL.
(a) IN GENERAL.—Section 901(8) of the Foreign Service Act
of 1980 (22 U.S.C. 4081(8)) is amended by striking ‘‘Service’’ and
inserting ‘‘Service, and members of his or her family,’’.
(b) PROMULGATION OF GUIDANCE.—The Secretary shall promul-
gate guidance for the implementation of the amendment made
by subsection (a) to ensure its implementation in a manner which
does not substantially increase the total amount of travel expenses
paid or reimbursed by the Department for travel under section
901 of the Foreign Service Act of 1980 (22 U.S.C. 4081).
(c) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date on which guidance for implementation
of such amendment is issued by the Secretary.
SEC. 316. HEALTH EDUCATION AND DISEASE PREVENTION PROGRAMS.
Section 904(b) of the Foreign Service Act of 1980 (22 U.S.C.
4084(b)) is amended by striking ‘‘families, and (3)’’ and inserting
‘‘families, (3) health education and disease prevention programs
for all employees, and (4)’’.
SEC. 317. CORRECTION OF TIME LIMITATION FOR GRIEVANCE FILING.
Section 1104(a) of the Foreign Service Act of 1980 (22 U.S.C.
4134(a)) is amended in the first sentence by striking ‘‘but in no
case less than two years’’ and inserting ‘‘but in no case more
than three years’’.
SEC. 318. TRAINING AUTHORITIES.
Section 2205 of the Foreign Affairs Reform and Restructuring
Act of 1998 (as enacted by division G of Public Law 105–277;
112 Stat. 2681–808) is amended—
(1) in the section heading, by striking ‘‘PILOT’’;
(2) by striking subsection (a)(3); and
H. R. 1646—31
(3) by striking subsection (c).
SEC. 319. UNACCOMPANIED AIR BAGGAGE.
Section 5924(4)(B) of title 5, United States Code, is amended
by inserting after the first sentence the following: ‘‘At the election
of the employee, in lieu of the transportation of the baggage of
a dependent from the dependent’s school, the costs incurred to
store the baggage at or in the vicinity of the school during the
dependent’s annual trip between the school and the employee’s
duty station may be paid or reimbursed to the employee, except
that the amount of the payment or reimbursement may not exceed
the cost that the Government would incur to transport the
baggage.’’.
SEC. 320. EMERGENCY MEDICAL ADVANCE PAYMENTS.
Section 5927 of title 5, United States Code, is amended—
(1) by amending subsection (a)(3) to read as follows:
‘‘(3) to an employee compensated pursuant to section 408
of the Foreign Service Act of 1980, who—
‘‘(A) pursuant to United States Government authoriza-
tion is located outside the country of employment; and
‘‘(B) requires medical treatment outside the country
of employment in circumstances specified by the President
in regulations.’’; and
(2) in subsection (b), by striking ‘‘appointed’’ and inserting
‘‘hired’’.
SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE
PERFORMED ABROAD.
(a) RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE
PERFORMED ABROAD.—Subject to subsection (b)(1), credit under
chapter 84 of title 5, United States Code, shall be allowed for
any service performed by an individual if or to the extent that—
(1) it was performed by such individual—
(A) after December 31, 1988, and before May 24, 1998;
(B) at a United States diplomatic mission, consular
post (other than a consular agency), or other Foreign
Service post abroad; and
(C) under a temporary appointment pursuant to sec-
tions 309 and 311 of the Foreign Service Act of 1980
(22 U.S.C. 3949 and 3951);
(2) at the time of performing such service, such individual
would have satisfied all eligibility requirements under regula-
tions of the Department (as in effect on the date of the enact-
ment of this Act) for a family member limited noncareer
appointment (within the meaning of such regulations, as in
effect on such date of enactment), except that, in applying
this paragraph, an individual not employed by the Department
while performing such service shall be treated as if then so
employed;
(3) such service would have been creditable under section
8411(b)(3) of such title 5 if—
(A) the service had been performed before January
1, 1989; and
(B) the deposit requirements of section 8411(f) of such
title 5 had been met with respect to such service;
H. R. 1646—32
(4) such service would not otherwise be creditable under
the Federal Employees’ Retirement System or any other retire-
ment system for employees of the United States Government
(disregarding title II of the Social Security Act); and
(5) the total amount of service performed by such individual
(satisfying paragraphs (1) through (4)) is not less than 90
days.
(b) REQUIREMENTS.—
(1) REQUIREMENTS OF THE INDIVIDUAL.—In order to receive
credit under chapter 84 of title 5, United States Code, for
any service described in subsection (a), the individual who
performed such service (or, if deceased, any person who is
or would be eligible for a survivor annuity under the Federal
Employees’ Retirement System based on the service of such
individual)—
(A) shall file a written application with the Office
of Personnel Management not later than 36 months after
the effective date of the regulations prescribed to carry
out this section (as specified in those regulations); and
(B) shall remit to the Office (for deposit in the Treasury
of the United States to the credit of the Civil Service
Retirement and Disability Fund) the total amount that,
under section 8422 of such title 5, should have been
deducted from the basic pay of such individual for such
service if such service had then been creditable under
such chapter 84.
(2) GOVERNMENT CONTRIBUTIONS.—
(A) IN GENERAL.—In addition to any other payment
that it is required to make under chapter 84 of title 5,
United States Code, a department, agency, or other
instrumentality of the United States shall remit to the
Office of Personnel Management (for deposit in the
Treasury of the United States to the credit of the Fund)
the amount described in subparagraph (B).
(B) AMOUNT DESCRIBED.—The amount described in this
subparagraph is, with respect to a remittance under para-
graph (1), the total amount of Government contributions
that would, under section 8423 of title 5, United States
Code, have been required of the instrumentality involved
(to the extent that it was the employing entity during
the period of service to which such remittance relates)
in connection with such service.
(C) SPECIAL RULE.—If an amount cannot be remitted
under this paragraph because an instrumentality has
ceased to exist, such amount shall instead be treated as
part of the supplemental liability referred to in section
8423(b)(1) (A) or (B) of title 5, United States Code (which-
ever would be appropriate).
(3) RELATED REQUIREMENTS.—Any remittance under para-
graph (1) or (2)—
(A) shall be made in such time, form, and manner
as the Office of Personnel Management may by regulation
require; and
(B) shall be computed with interest (in accordance
with section 8334(e) of title 5, United States Code, and
such requirements as the Office may by regulation pre-
scribe).