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SEC. 204. REPORT CONCERNING ELIMINATION OF COLOM-
BIAN OPIUM.
(a) FINDINGS.—The Congress makes the following
findings:
(1) There is a growing heroin crisis in the
United States resulting from increasingly cheap,
pure, and deadly heroin flooding into this country,
much of it from Colombia.
(2) Interdicting heroin entering the United
States is difficult, in part because it can be traf-
ficked in such small quantities.
(3) Destruction of opium, from which heroin is
derived, at its source in Colombia is traditionally one
of the best strategies to combat the heroin crisis ac-
cording to Federal law enforcement officials.
(b) REPORT TO CONGRESS.—Not later than 60 days
after the date of the enactment of this Act, the Secretary
of State, through the Bureau of International Narcotics
and Law Enforcement, shall submit to the Congress a re-
port which outlines a comprehensive strategy to address
the crisis of heroin in the United States due to opium orig-
inating from Colombia including destruction of opium at
its source.
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SEC. 205. REPEAL OF PROVISION REGARDING HOUSING
FOR FOREIGN AGRICULTURAL ATTACHE.
Section 738 of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Ap-
propriations Act, 2001 (as enacted into law by Public Law
106–387; 114 Stat. 1549A–34) is repealed.
SEC. 206. HUMAN RIGHTS MONITORING.
Funds authorized to be appropriated for the Bureau
of Democracy, Human Rights, and Labor pursuant to sec-
tion 101(1)(B)(ii) are authorized to be available to fund
positions at United States posts abroad that are primarily
responsible for following human rights developments in
foreign countries and that are assigned at the rec-
ommendation of such bureau in conjunction with the rel-
evant regional bureau.
SEC. 207. CORRECTION OF FISHERMEN’S PROTECTIVE ACT
OF 1967.
Section 7(a)(3) of the Fishermen’s Protective Act of
1967 (22 U.S.C. 1977(A)(3)), is amended by striking
‘‘Secretary of Commerce’’ and inserting ‘‘Secretary of
State’’.
SEC. 208. INTERNATIONAL LITIGATION FUND.
Section 38 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2710), is amended by adding at
the end the following new subsection:
‘‘(e) RETENTION OF FUNDS.—
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‘‘(1) IN GENERAL.—To reimburse the expenses
of the United States Government in preparing or
prosecuting a claim against a foreign government or
other foreign entity, the Secretary of State shall re-
tain 1.5 percent of any amount between $100,000
and $5,000,000, and one percent of any amount
over $5,000,000, received per claim under chapter
34 of the Act of February 27, 1896 (22 U.S.C.
2668a; 29 Stat. 32).
‘‘(2) TREATMENT.—Amounts retained under
the authority of paragraph (1) shall be deposited
into the fund under subsection (d).’’.
SEC. 209. EMERGENCY EVACUATION SERVICES.
Section 4(b)(2)(A) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2671(b)(2)(A)), is
amended to read as follows:
‘‘(A) the evacuation when their lives are endan-
gered by war, civil unrest, or natural disaster of: (i)
United States Government employees and their de-
pendents; and (ii) private United States citizens or
third-country nationals, on a reimbursable basis to
the extent feasible, with such reimbursements to be
credited to the applicable Department of State ap-
propriation and to remain available until expended.
No reimbursement shall be required which is greater
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than the amount the person evacuated would have
been charged for a commercial air fare at the lowest
rate available immediately prior to the onset of the
war, civil unrest, or natural disaster giving rise to
the evacuation;’’.
SEC. 210. IMPLEMENTATION OF THE INTERCOUNTRY ADOP-
TION ACT OF 2000.
The Secretary of State, acting through the Assistant
Secretary of State for Consular Affairs, shall consult with
the appropriate congressional committees on a regular
basis on the implementation of the Intercountry Adoption
Act of 2000 (Public Law 106–279; 42 U.S.C. 14901 et
seq.).
SEC. 211. REPORT CONCERNING THE EFFECT OF PLAN CO-
LOMBIA ON ECUADOR.
(a) FINDINGS.—The Congress makes the following
findings:
(1) There is a growing alarm concerning the
spillover effect of Plan Colombia on Ecuador, a
frontline state. The northern region of Ecuador, in-
cluding the Sucumbios province, is an area of par-
ticular concern. It faces the Colombian Putumayo
zone, where there is no presence of military or law
enforcement personnel.
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(2) Activities relating to the implementation of
Plan Colombia have resulted in incursions on Ecua-
dorian territory by drug traffickers and guerrilla and
paramilitary groups from Colombia and a concomi-
tant increase in the levels of violence and delin-
quency. Recent kidnappings of American and other
foreign nationals, as well as discoveries of clandes-
tine cocaine laboratories, are especially troublesome.
(3) Ecuador is receiving an influx of Colombian
refugees and its own indigenous communities have
been displaced from their ancestral villages.
(4) Ecuador has demonstrated its moral and
political commitment in the fight against drugs. The
agreement signed in November 1999 with the
United States to establish a forward operating loca-
tion in Manta is a clear sign of this active stance.
(5) Ecuador is implementing a comprehensive
program aimed at reinforcing its security mecha-
nisms in the northern border, as well as converting
the area into a buffer zone of peace and develop-
ment.
(b) REPORT TO CONGRESS.—Not later than 60 days
after the date of the enactment of this Act, the Secretary
of State, through the Bureau of International Narcotics
and Law Enforcement, shall submit to Congress a report
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which outlines a comprehensive strategy to address the
spillover effect of Plan Colombia on Ecuador.
SEC. 212. REPORT CONCERNING EFFORTS TO PROMOTE
ISRAEL’S 
DIPLOMATIC 
RELATIONS 
WITH
OTHER COUNTRIES.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Israel is a friend and ally of the United
States whose security is vital to regional stability
and United States interests.
(2) Israel currently maintains diplomatic rela-
tions with 162 countries. Approximately 25 coun-
tries do not have any diplomatic relations with Israel
and another four countries have only limited rela-
tions.
(3) The government of Israel has been actively
seeking to establish formal relations with a number
of countries.
(4) The United States should assist its ally,
Israel, in its efforts to establish diplomatic relations.
(5) After 52 years of existence, Israel deserves
to be treated as an equal nation by its neighbors and
the world community.
(b) REPORT CONCERNING UNITED STATES EFFORTS
TO PROMOTE ISRAEL’S DIPLOMATIC RELATIONS WITH
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(1) IN
GENERAL.—Not later than 180 days
after the date of the enactment of this Act, and
every 180 days thereafter, the Secretary of State
shall submit to the appropriate congressional com-
mittees a report on the status of activities funded or
authorized, in whole or in part, by the Department
of State in the Republic of Colombia to promote al-
ternative development, recovery and resettlement of
internally displaced persons, judicial reform, the
peace process, and human rights.
(2) CONTENTS.—Each such report shall contain
the following:
(A) A summary of activities described in
paragraph (1) during the previous 180-day pe-
riod.
(B) An estimated timetable for the conduct
of such activities in the subsequent 180-day pe-
riod.
(C) An explanation of any delays in meet-
ing timetables contained in previous reports
submitted in accordance with this subsection.
(D) An assessment of steps to be taken to
correct any delays in meeting such timetables.
(b) REPORT ON CERTAIN COUNTERNARCOTICS AC-
TIVITIES.—
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(1) DECLARATION OF POLICY.—It is the policy
of the United States to encourage the transfer of
counternarcotics activities carried out in the Repub-
lic of Colombia by United States businesses that
have entered into agreements with the Department
of State to conduct such activities, to Colombian na-
tionals, in particular personnel of the Colombian
antinarcotics police, when properly qualified per-
sonnel are available.
(2) REPORT.—Not later than 90 days after the
date of the enactment of this Act, and not later than
March 1 of each year thereafter, the Secretary of
State shall submit to the appropriate congressional
committees a report on the activities of United
States businesses that have entered into agreements
with the Department of State to carry out counter-
narcotics activities in the Republic of Colombia.
(3) CONTENTS.—Each such report shall contain
the following:
(A) The name of each United States busi-
ness described in paragraph (2) and description
of the counternarcotics activities carried out by
the business in Colombia.
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(B) The total value of all payments by the
Department of State to each such business for
such activities.
(C) A written statement justifying the de-
cision by the Department of State to enter into
an agreement with each such business for such
activities.
(D) An assessment of the risks to personal
safety and potential involvement in hostilities
incurred by employees of each such business as
a result of their activities in Colombia.
(E) A plan to provide for the transfer of
the counternarcotics activities carried out by
such United States businesses to Colombian na-
tionals, in particular personnel of the Colom-
bian antinarcotics police.
(4) DEFINITION.—In this subsection, the term
‘‘United States business’’ means any corporation,
partnership, or other organization that employs
three or more individuals and is organized under the
laws of the United States.
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SEC. 214. REPORT CONCERNING THE GERMAN FOUNDA-
TION ‘‘REMEMBRANCE, RESPONSIBILITY, AND
THE FUTURE’’.
(a) REPORT CONCERNING THE GERMAN FOUNDA-
TION ‘‘REMEMBRANCE, RESPONSIBILITY, AND THE FU-
TURE’’.—Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter until
all funds made available to the German Foundation have
been disbursed, the Secretary of State shall report to the
appropriate congressional committees on the status of the
implementation of the Agreement and, to the extent pos-
sible, on whether or not—
(1) during the 180-day period preceding the
date of the report, the German Bundestag has au-
thorized the allocation of funds to the Foundation,
in accordance with section 17 of the law on the cre-
ation of the Foundation, enacted by the Federal Re-
public of Germany on August 8, 2000;
(2) the entire sum of DM 10,000,000,000 has
been made available to the German Foundation in
accordance with Annex B to the Joint Statement of
July 17, 2000;
(3) during the 180-day period preceding the
date of the report, any company or companies inves-
tigating a claim, who are members of ICHEIC, were
required to provide to the claimant, within 90 days
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after receiving the claim, a status report on the
claim, or a decision that included—
(A) an explanation of the decision, pursu-
ant to those standards of ICHEIC to be applied
in approving claims;
(B) all documents relevant to the claim
that were retrieved in the investigation; and
(C) an explanation of the procedures for
appeal of the decision;
(4) during the 180-day period preceding the
date of the report, any entity that elected to deter-
mine claims under Article 1(4) of the Agreement
was required to comply with the standards of proof,
criteria for publishing policyholder names, valuation
standards, auditing requirements, and decisions of
the Chairman of ICHEIC;
(5) during the 180-day period preceding the
date of the report, an independent process to appeal
decisions made by any entity that elected to deter-
mine claims under Article 1(4) of the Agreement
was available to and accessible by any claimant
wishing to appeal such a decision, and the appellate
body had the jurisdiction and resources necessary to
fully investigate each claim on appeal and provide a
timely response;
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(6) an independent audit of compliance by every
entity that has elected to determine claims under
Article 1(4) of the Agreement has been conducted;
and
(7) the administrative and operational expenses
incurred by the companies that are members of
ICHEIC are appropriate for the administration of
claims described in paragraph (3).
The Secretary of State’s report shall include the Sec-
retary’s justification for each determination under this
subsection.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that—
(1) the resolution of slave and forced labor
claims is an urgent issue for aging Holocaust sur-
vivors, and the German Bundestag should allocate
funds for disbursement by the German Foundation
to Holocaust survivors as soon as possible; and
(2) ICHEIC should work in consultation with
the Secretary of State in gathering the information
required for the report under subsection (a).
(c) DEFINITIONS.—In this section:
(1) 
AGREEMENT.—The 
term 
‘‘Agreement’’
means the Agreement between the Government of
the United States of America and the Government
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of the Federal Republic of Germany concerning the
Foundation ‘‘Remembrance, Responsibility and the
Future’’, done at Berlin July 17, 2000.
(2) ANNEX B TO THE JOINT STATEMENT OF
JULY 17, 2000.—The term ‘‘Annex B to the Joint
Statement of July 17, 2000’’ means Annex B to the
Joint Statement on occasion of the final plenary
meeting concluding international talks on the prepa-
ration of the Federal Foundation ‘‘Remembrance,
Responsibility and the Future’’, done at Berlin on
July 17, 2000.
(3) GERMAN
FOUNDATION.—The term ‘‘Ger-
man Foundation’’ means the Foundation ‘‘Remem-
brance, Responsibility and the Future’’ referred to
in the Agreement.
(4) ICHEIC.—The term ‘‘ICHEIC’’ means the
International Commission on Holocaust Era Insur-
ance Claims referred to in Article 1(4) of the Agree-
ment.
Subtitle B—Consular Authorities
SEC. 231. MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1994 and 1995 (8 U.S.C. 1351
note), is amended in the first sentence of paragraph (3)—
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(1) by striking ‘‘2001, and 2002,’’ and insert-
ing ‘‘2001, 2002, and 2003,’’; and
(2) by striking ‘‘and $316,715,000 for fiscal
year 2002’’ and inserting ‘‘$414,000,000 for fiscal
year 2002, and $422,000,000 for fiscal year 2003,’’.
SEC. 232. ESTABLISHMENT OF A CONSULAR BRANCH OF-
FICE IN LHASA, TIBET.
The Secretary of State shall make best efforts to es-
tablish a branch office in Lhasa, Tibet, of the United
States Consulate General in Chengdu, People’s Republic
of China, to monitor political, economic, and cultural de-
velopments in Tibet.
SEC. 233. ESTABLISHMENT OF A DIPLOMATIC OR CON-
SULAR POST IN EQUATORIAL GUINEA.
The Secretary of State shall establish a diplomatic
or consular post in Equatorial Guinea.
SEC. 234. PROCESSING OF VISA APPLICATIONS.
It shall be the policy of the Department of State to
process immigrant visa applications of immediate relatives
of United States citizens and nonimmigrant K–1 visa ap-
plications of fiances of United States citizens 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
sponsor of such applicant is a relative other than an imme-
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diate relative, it should be the policy of the Department
of State to process such an application within 60 days of
the receipt of all necessary documents from the applicant
and the Immigration and Naturalization Service.
SEC. 235. UNITED STATES POLICY WITH RESPECT TO JERU-
SALEM AS THE CAPITAL OF ISRAEL.
(a) CONGRESSIONAL STATEMENT OF POLICY.—The
Congress maintains its commitment to relocating the
United States Embassy in Israel to Jerusalem and urges
the President, pursuant to the Jerusalem Embassy Act
of 1995 (Public Law 104–45; 109 Stat. 398), to imme-
diately begin the process of relocating the United States
Embassy in Israel to Jerusalem.
(b) LIMITATION ON USE OF FUNDS FOR CONSULATE
IN JERUSALEM.—None of the funds authorized to be ap-
propriated by this Act may be expended for the operation
of a United States consulate or diplomatic facility in Jeru-
salem unless such consulate or diplomatic facility is under
the supervision of the United States Ambassador to Israel.
(c) LIMITATION ON USE OF FUNDS FOR PUBLICA-
TIONS.—None of the funds authorized to be appropriated
by this Act may be available for the publication of any
official government document which lists countries and
their capital cities unless the publication identifies Jeru-
salem as the capital of Israel.
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(d) RECORD OF PLACE OF BIRTH AS ISRAEL FOR
PASSPORT PURPOSES.—For purposes of the registration
of birth, certification of nationality, or issuance of a pass-
port of a United States citizen born in the city of Jeru-
salem, the Secretary of State shall, upon the request of
the citizen or the citizen’s legal guardian, record the place
of birth as Israel.
SEC. 236. DENIAL OF VISAS TO SUPPORTERS OF COLOM-
BIAN ILLEGAL ARMED GROUPS.
(a) DENIAL OF VISAS TO PERSONS SUPPORTING CO-
LOMBIAN INSURGENT
AND PARAMILITARY GROUPS.—
Subject to subsection (b), the Secretary of State shall not
issue a visa to any alien who the Secretary determines,
based on credible evidence—
(1) has willfully provided direct or indirect sup-
port to the Revolutionary Armed Forces of Colombia
(FARC), the National Liberation Army (ELN), or
the United Self-Defense Forces of Colombia (AUC);
or
(2) has willfully conspired to allow, facilitate, or
promote the illegal activities of any group listed in
paragraph (1).
(b) WAIVER.—Subsection (a) shall not apply if the
Secretary of State determines and certifies to the appro-
priate congressional committees, on a case-by-case basis,
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that issuance of a visa to the alien is necessary to support
the peace process in Colombia, for urgent humanitarian
reasons, for significant public benefit, or to further the
national security interests of the United States.
Subtitle C—Migration and
Refugees
SEC. 251. UNITED STATES POLICY REGARDING THE INVOL-
UNTARY RETURN OF REFUGEES.
(a) IN GENERAL.—None of the funds made available
by this Act or by section 2(c) of the Migration and Ref-
ugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall 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, reli-
gion, nationality, membership in a particular social group,
or political opinion, except on grounds recognized as pre-
cluding 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 the United States Senate Resolution of Ratification.
(b) MIGRATION AND REFUGEE ASSISTANCE.—None
of the funds made available by this Act or by section 2(c)
of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601(c)) shall be available to effect the involuntary
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return of any person to any country unless the Secretary
of State first notifies the appropriate congressional com-
mittees, except that in the case of an emergency involving
a threat to human life the Secretary of State shall notify
the appropriate congressional committees as soon as prac-
ticable.
(c) INVOLUNTARY RETURN DEFINED.—As used in
this section, the term ‘‘to effect the involuntary return’’
means to require, by means of physical force or cir-
cumstances amounting to a threat thereof, a person to re-
turn to a country against the person’s will, regardless 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. 252. REPORT ON OVERSEAS REFUGEE PROCESSING.
(a) REPORT ON OVERSEAS REFUGE PROCESSING.—
Not later than 90 days after the date of the enactment
of this Act, the Secretary shall provide 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 fol-
lowing detailed information:
(1) United States procedures for the identifica-
tion of refugees who are particularly vulnerable or
whose individual circumstances otherwise suggest an
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urgent need for resettlement, 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
resettlement in the United States, together with a
plan for the expanded use of alternatives to such re-
ferral, including the use of field-based nongovern-
mental 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 cur-
rently provides 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.
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(4) The extent to which opportunities for reset-
tlement 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 in-
creasing such opportunities, particularly 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 feasi-
bility and desirability of modifying the Department’s
current list of refugee priorities to create an addi-
tional category for refugees whose need for resettle-
ment is based on a long period of residence in a ref-
ugee 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 voluntary agencies to assist in the identifica-
tion of refugees for admission to the United States,
including the Department’s assessment of the advan-
tages and disadvantages of private voluntary agen-
cies, the reasons for any decline in the Department’s
use of voluntary agencies over the last 10 years, and
a plan for the expanded use of such agencies.
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(7) The extent to which the per capita reception
and placement grant to voluntary agencies assisting
in resettlement of refugees has kept up over the last
10 years 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 re-
port, together with an estimate of any increase in
the annual refugee admissions ceiling that would be
necessary to implement each change.
TITLE III—ORGANIZATION AND
PERSONNEL OF THE DEPART-
MENT 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
of State shall submit to the appropriate congressional
committees a comprehensive workforce plan for the De-
partment of State for the fiscal years 2002 through 2006.
The plan shall consider personnel needs in both the civil
service and the Foreign Service and expected domestic and
overseas personnel allocations. The workforce plan should
set forth the detailed mission of the Department, the defi-
nition of work to be done and cyclical personnel needs
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based on expected retirements and the time required to
hire, train, and deploy new personnel.
(b) DOMESTIC STAFFING MODEL.—Not later than 1
year after the date of the enactment of this Act, the Sec-
retary of State shall compile and submit to the appropriate
congressional committees a domestic staffing model for
the Department of State.
SEC. 302. ‘‘RIGHTSIZING’’ OVERSEAS POSTS.
(a) ‘‘RIGHTSIZING’’ 
AT
THE
DEPARTMENT
OF
STATE.—
(1) IN GENERAL.—The Secretary of State shall
establish a task force within the Department of
State on the issue of ‘‘rightsizing’’ overseas posts.
(2) PRELIMINARY REPORT.—Not later than 60
days after the date of the enactment of this Act, the
Secretary of State shall submit to the appropriate
congressional committees a report which outlines the
status, plans, and activities of the task force. In ad-
dition 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).
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(C) 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) PERIODIC
REPORTS.—Not later than 6
months after the date of the enactment of this Act,
and every 6 months thereafter during the fiscal
years 2002 and 2003, the Secretary of State shall
submit to the appropriate congressional committees
a report reviewing the activities and progress of the
task force established under paragraph (1).
(b) INTERAGENCY WORKING GROUP.—
(1) ESTABLISHMENT.—The Secretary of State
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 60
days after the date of the enactment of this Act, the
Secretary of State shall submit to the appropriate
congressional committees a report which outlines the
status, plans, and activities of the interagency work-
ing group. In addition to such other information as
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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) The official of each agency with pri-
mary 
responsibility 
for 
the 
issue 
of
‘‘rightsizing’’.
(3) PERIODIC
REPORTS.—Not later than 6
months after the date of the enactment of this Act,
and every 6 months thereafter during the fiscal
years 2002 and 2003, the Secretary of State 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
DEPARTMENT 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 fol-
lowing new subsection (f):
‘‘(f) QUALIFICATIONS OF CERTAIN OFFICERS OF THE
DEPARTMENT OF STATE.—
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‘‘(1) OFFICER
HAVING
PRIMARY
RESPONSI-
BILITY FOR PERSONNEL MANAGEMENT.—The officer
of the Department of State with primary responsi-
bility for assisting the Secretary of State with re-
spect to matters relating to personnel in the Depart-
ment 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
RESPONSI-
BILITY FOR DIPLOMATIC SECURITY.—The officer of
the Department of State with primary responsibility
for assisting the Secretary of State with respect to
diplomatic security, or that officer’s principal dep-
uty, shall have substantial professional qualifications
in the fields of (A) management, and (B) Federal
law enforcement, intelligence, or security.
‘‘(3) OFFICER
HAVING
PRIMARY
RESPONSI-
BILITY FOR INTERNATIONAL NARCOTICS AND LAW
ENFORCEMENT.—The officer of the Department of
State with primary responsibility for assisting the
Secretary of State with respect to international nar-
cotics and law enforcement, or that officer’s prin-
cipal deputy, shall have substantial professional
qualifications in the fields of management and Fed-
eral law enforcement.’’.
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SEC. 304. UNITED STATES SPECIAL COORDINATOR FOR TI-
BETAN ISSUES.
(a) UNITED STATES SPECIAL COORDINATOR FOR TI-
BETAN ISSUES.—There shall be within the Department of
State a United States Special Coordinator for Tibetan
Issues.
(b) CONSULTATION.—The Secretary of State shall
consult with the chairman and ranking minority member
of the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House
of Representatives prior to the designation of the special
coordinator.
(c) CENTRAL OBJECTIVE.—The central objective of
the special coordinator is to promote substantive dialogue
between the Government of the People’s Republic of China
and the Dalai Lama or his representatives.
(d) DUTIES AND RESPONSIBILITIES.—The special co-
ordinator shall—
(1) coordinate United States Government poli-
cies, programs, and projects concerning Tibet;
(2) vigorously promote the policy of seeking to
protect the distinct religious, cultural, linguistic, and
national identity of Tibet, and pressing for improved
respect for human rights;
(3) maintain close contact with religious, cul-
tural, and political leaders of the Tibetan people, in-
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cluding regular travel to Tibetan areas of the Peo-
ple’s Republic of China, and to Tibetan refugee set-
tlements in India and Nepal;
(4) consult with Congress on policies relevant to
Tibet and the future and welfare of the Tibetan peo-
ple;
(5) make efforts to establish contacts in the for-
eign ministries of other countries to pursue a nego-
tiated solution for Tibet; and
(6) take all appropriate steps to ensure ade-
quate resources, staff, and bureaucratic support to
fulfill the duties and responsibilities of the special
coordinator.
SEC. 305. UNITED STATES SPECIAL ENVOY FOR SUDAN
ISSUES.
Section 1 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a), is amended by inserting
after subsection (f) (as added by section 303 of this Act)
the following new subsection (g):
‘‘(g) UNITED STATES SPECIAL ENVOY FOR SUDAN
ISSUES.—
‘‘(1) IN GENERAL.—There shall be within the
Department of State a United States Special Envoy
for Sudan Issues who shall be appointed by the
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President, by and with the advice and consent of the
Senate.
‘‘(2) DUTIES.—In addition to such duties as
the President and Secretary of State shall prescribe,
the envoy shall work for a peaceful resolution of the
conflict in Sudan and an end to abuses of human
rights, including religious freedom, in Sudan.’’.
Subtitle B—Personnel Matters
SEC. 331. REPORT CONCERNING RETIRED MEMBERS OF
THE FOREIGN SERVICE AND CIVIL SERVICE
WHO ARE REGISTERED AGENTS OF A GOV-
ERNMENT OF A FOREIGN COUNTRY.
The Secretary of State shall submit, annually, a re-
port to the Committee on International Relations of the
House of Representatives and the Committee on Foreign
Affairs of the Senate which lists members of the Foreign
Service and the civil service who have retired, have been
issued an identification which authorizes access to facili-
ties of the Department of State, and are registered under
the Foreign Agents Registration Act of 1938 as an agent
of a government of a foreign country. The report shall
specify each individual and the governments represented
by that individual.
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SEC. 332. TIBETAN LANGUAGE TRAINING.
The Secretary of State shall ensure that Tibetan lan-
guage training is available to Foreign Service officers, and
that every effort is made to ensure that a Tibetan-speak-
ing Foreign Service officer is assigned to the consulate in
China responsible for tracking developments in Tibet.
SEC. 333. 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 promulgate guidance for the implementation of the
amendment made by subsection (a) to ensure its imple-
mentation in a manner which does not substantially in-
crease the total amount of travel expenses paid or reim-
bursed by the Department for travel under section 901
of the Foreign Service Act of 1980.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date on which guid-
ance for implementation of such amendment is issued by
the Secretary.
SEC. 334. THOMAS JEFFERSON STAR.
Section 36A of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 2708a), is amended—
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(1) in the section heading by striking ‘‘FOR-
EIGN SERVICE’’ and inserting ‘‘THOMAS JEF-
FERSON’’; and
(2) by striking ‘‘Foreign Service star’’ each
place it appears and inserting ‘‘Thomas Jefferson
Star’’.
SEC. 335. 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. 336. TRAINING AUTHORITIES.
Section 2205(a) of the Foreign Affairs Reform and
Restructuring Act of 1998 (as enacted in division G of
Public Law 105–277), is amended by striking paragraph
(3).
SEC. 337. FOREIGN NATIONAL RETIREMENT PLANS.
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 Govern-
ment and employees to: (i) a trust or other fund in a fi-
nancial institution in order to finance future benefits for
employees, including provision for retention in the fund
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of accumulated interest and dividends for the benefit of
covered employees; or (ii) a Foreign Service National Sav-
ings Fund established in the Treasury of the United
States, which: (I) shall be administered by the Secretary
of State, 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 with-
out fiscal year limitation to pay benefits, to be invested
in public debt obligations bearing interest at rates deter-
mined by the Secretary of the Treasury taking into consid-
eration current average market yields on outstanding mar-
ketable obligations of the United States of comparable ma-
turity, and to pay administrative expenses.’’.
SEC. 338. PRESIDENTIAL RANK AWARDS.
(a) COMPARABLE TO PAYMENTS TO MERITORIOUS
EXECUTIVES
AND DISTINGUISHED EXECUTIVES.—Sec-
tion 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 ex-
ceed, in any fiscal year, the percentage of base pay estab-
lished under section 4507(e)(1) of title 5, United States
Code, for a Meritorious Executive, except that payments
of the percentage of the base pay established under section
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4507(e)(2) of title 5, United States, Code, for Distin-
guished Executives may be made in any fiscal year to up
to 1 percent of the members of the Senior Foreign Serv-
ice.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect October 1, 2001.
SEC. 339. EMERGENCY MEDICAL ADVANCE PAYMENTS.
Section 5927(a)(3) of title 5, United States Code, is
amended to read as follows:
‘‘(3) to an employee compensated pursuant to
section 408 of the Foreign Service Act of 1980,
who—
‘‘(A) pursuant to government authorization
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.’’.
SEC. 340. UNACCOMPANIED AIR BAGGAGE.
Section 5924(4)(B) of title 5, United States Code,
is amended by inserting after the first sentence the fol-
lowing: ‘‘At the option of the employee, in lieu of the
transportation of the baggage of a dependent child from
the dependent’s school, the costs incurred to store the bag-
gage at or in the vicinity of the school during the depend-
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ent’s annual trip between the school and the employee’s
duty station may be paid or reimbursed to the employee.
The amount of the payment or reimbursement may not
exceed the cost that the government would incur to trans-
port the baggage.’’.
SEC. 341. SPECIAL AGENT AUTHORITIES.
Section 37(a) of the State Department Basic Au-
thorities Act of 1956 (22 U.S.C. 2709(a)), is amended in
paragraph (3)(F) by inserting ‘‘or President-elect’’ after
‘‘President’’.
SEC. 342. REPORT CONCERNING MINORITY EMPLOYMENT.
During each of the years 2002 and 2003, the Sec-
retary of State shall submit a comprehensive report to the
Congress concerning the status of employment of members
of minority groups at the Department of State, including
the Civil Service, the Foreign Service, and State Depart-
ment employees serving abroad. The report shall include
the following data (reported in terms of real numbers and
percentages and not as ratios):
(1) For the last preceding Foreign Service ex-
amination and promotion cycles for which such in-
formation is available—
(A) the numbers and percentages of mem-
bers of all minority groups taking the written
Foreign Service examination;
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(B) the numbers and percentages of mem-
bers of all minority groups successfully com-
pleting and passing the written Foreign Service
examination;
(C) the numbers and percentages of mem-
bers of all minority groups successfully com-
pleting and passing the oral Foreign Service ex-
amination;
(D) the numbers and percentages of mem-
bers of all minority groups entering the junior
officers class of the Foreign Service;
(E) the numbers and percentages of mem-
bers of all minority groups who are Foreign
Service officers at each grade; and
(F) the numbers of and percentages of
members of all minority groups promoted at
each grade of the Foreign Service Officer
Corps.
(2) For the last preceding year for Civil Service
employment at the Department of State for which
such information is available—
(A) numbers and percentages of members
of all minority groups entering the Civil Service;
(B) the number and percentages of mem-
bers of all minority groups who are civil service
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employees at each grade of the Civil Service;
and
(C) the number of and percentages of
members of all minority groups promoted at
each grade of the Civil Service.
SEC. 343. USE OF FUNDS AUTHORIZED FOR MINORITY RE-
CRUITMENT.
(a) CONDUCT OF RECRUITMENT ACTIVITIES.—
(1) IN GENERAL.—Amounts authorized to be
appropriated for minority recruitment under section
101(1)(B)(iii) shall be used only for activities di-
rectly related to minority recruitment, such as re-
cruitment materials designed to target members of
minority groups and the travel expenses of recruit-
ment trips to colleges, universities, and other institu-
tions or locations.
(2) LIMITATION.—Amounts authorized to be
appropriated for minority recruitment under section
101(1)(B)(iii) may not be used to pay salaries of
employees of the Department of State.
(b) RECRUITMENT ACTIVITIES AT ACADEMIC INSTI-
TUTIONS.—The Secretary of State shall expand the re-
cruitment efforts of the Department of State to include
not less than 25 percent of the part B institutions (as
defined under section 322 of the Higher Education Act
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of 1965) in the United States and not less than 25 percent
of the Hispanic-serving institutions (as defined in section
502(a)(5) of such Act) in the United States.
(c) EVALUATION OF RECRUITMENT EFFORTS.—The
Secretary of State shall establish a database relating to
efforts to recruit members of minority groups into the
Foreign Service and the Civil Service and shall report to
the appropriate congressional committees annually on the
evaluation of efforts to recruit such individuals, including
an analysis of the information collected in the database
created under this subsection. For each of the years 2002
and 2003, such a report may be part of the report re-
quired under section 342.
SEC. 344. CORRECTION OF TIME LIMIT 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 after the oc-
currence giving rise to the grievance’’ and inserting ‘‘but
in no case more than three years after the occurrence giv-
ing rise to the grievance.’’.
SEC. 345. CLARIFICATION OF SEPARATION FOR CAUSE.
Section 610(a) of the Foreign Service Act of 1980
(22 U.S.C. 4010(a)), is amended—
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(a) in paragraph (1), by inserting ‘‘decide to’’ after
‘‘may’’;
(b) by striking paragraphs (2), (3), (4), (5) and (6)
and inserting the following:
‘‘(2) When the Secretary decides under para-
graph (1) to separate, on the basis of misconduct,
any member of the service (other than a United
States citizen employed under section 311 who is not
a family member) who either (A) is serving under a
career appointment, or (B) is serving under a lim-
ited 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 es-
tablished, unless the member waives the right to
such a hearing in writing, or the member’s appoint-
ment has expired, whichever occurs first.
‘‘(3) If the Board decides that cause for separa-
tion 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). A hearing 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
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authorized or required by this or any other law. Sec-
tion 1110 shall apply to proceedings under this
paragraph.
‘‘(4) Notwithstanding the hearing required by
paragraph (2), when the Secretary decides to sepa-
rate 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.’’.
TITLE IV—UNITED STATES EDU-
CATIONAL 
AND 
CULTURAL
PROGRAMS OF THE DEPART-
MENT OF STATE
SEC. 401. EXTENSION OF REQUIREMENT FOR SCHOLAR-
SHIPS FOR TIBETANS AND BURMESE.
Section 103(b)(1) of the Human Rights, Refugee,
and Other Foreign Relations Provisions Act of 1996 (Pub-
lic Law 104–319; 22 U.S.C. 2151 note), is amended by
striking ‘‘for the fiscal year 2000’’ and inserting ‘‘for each
of the fiscal years 2002 and 2003’’.
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SEC. 402. NONPROFIT ENTITIES FOR CULTURAL PRO-
GRAMS.
(a) FINDINGS.—The Congress makes the following
findings:
(1) It is in the national interest of the United
States to promote mutual understanding between
the people of the United States and other nations.
(2) Among the means to be used in achieving
this objective are a wide range of international edu-
cational and cultural exchange programs, including
the J. William Fulbright Educational Exchange Pro-
gram and the International Visitors Program.
(3) Cultural diplomacy, especially the presen-
tation abroad of the finest of America’s creative, vis-
ual and performing arts, is an especially effective
means of advancing the United States national in-
terest.
(4) The financial support available for inter-
national cultural and scholarly exchanges has de-
clined by approximately 10 percent in recent years.
(5) Funds appropriated for the purpose of en-
suring that the excellence, diversity, and vitality of
the arts in the United States are presented to for-
eign audiences by, and in cooperation with, our dip-
lomatic and consular representatives have declined
dramatically.
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(6) One of the ways to deepen and expand cul-
tural and educational exchange programs is through
the establishment of nonprofit entities to encourage
the participation and financial support of corpora-
tions and other private sector contributors.
(7) The United States private sector should be
encouraged to cooperate closely with the Secretary of
State and representatives of the Department to ex-
pand and spread appreciation of United States cul-
tural and artistic accomplishments.
(b) AUTHORITY TO ESTABLISH NONPROFIT ENTI-
TIES.—Section 105 of the Mutual Educational and Cul-
tural Exchange Act of 1961 (22 U.S.C. 2255), is amended
by striking subsection (g) and inserting the following:
‘‘(g) NONPROFIT ENTITIES
FOR CULTURAL PRO-
GRAMMING.—
‘‘(1) The Secretary of State is authorized to
provide for the establishment of private nonprofit
entities to assist in carrying out the purposes of this
subsection. Any such entity shall not be considered
an agency or instrumentality of the United States
Government and employees of such an entity shall
not be considered employees of the United States
Government for any purpose.
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‘‘(2) An entity established pursuant to the au-
thority of paragraph (1) may carry out the fol-
lowing:
‘‘(A) Encourage participation and support
by United States corporations and other ele-
ments of the private sector for cultural, arts,
and educational exchange programs which will
enhance international appreciation of America’s
cultural and artistic accomplishments.
‘‘(B) Solicit and receive contributions from
the private sector to support cultural, arts, and
educational exchange programs.
‘‘(C) Provide grants and other assistance
for such programs.
‘‘(3) The Secretary of State is authorized to
make such arrangements as are necessary to carry
out the purposes of any entity established pursuant
to paragraph (1) including the following:
‘‘(A) The solicitation and receipt of funds
for an entity.
‘‘(B) Designation of a program in recogni-
tion of such contributions.
‘‘(C) Appointment of members of the board
of directors or other body established to admin-
ister an entity, including the appointment of
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employees of the United States Government as
ex officio nonvoting members of such a board or
other administrative body.
‘‘(D) Making recommendations with re-
spect to specific artistic and cultural programs
to be carried out by the entity.
‘‘(4) For fiscal years 2002 and 2003, not to ex-
ceed $500,000 of funds available to the Department
of State are authorized to be made available for each
fiscal year for administrative and other costs for the
establishment of entities pursuant to paragraph (1).
An entity established pursuant to paragraph (1) is
authorized to invest amounts made available to the
entity by the Department of State, and such
amounts, as well as interest or earnings on such
amounts, may be used by the entity to carry out its
purposes.
‘‘(5) Each entity established pursuant to para-
graph (1) shall submit an annual report on the
sources and amount of funds and other resources re-
ceived and the programs funded by the entity to the
Committee on Foreign Relations of the Senate and
the Committee on International Relations of the
House of Representatives.
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‘‘(6) The financial transactions of each entity
established under paragraph (1) for each fiscal year
shall be the subject of an independent audit. A re-
port of each such audit shall be made available to
the Committee on Foreign Relations of the Senate
and the Committee on International Relations of the
House of Representatives.’’.
SEC. 403. FULBRIGHT-HAYS AUTHORITIES.
Section 112(d) of the Mutual Educational and Cul-
tural Exchange Act of 1961 (22 U.S.C. 2460(d), is
amended by striking ‘‘operating under the authority of
this Act and consistent with’’ and inserting ‘‘which oper-
ate under the authority of this Act or promote’’.
SEC. 404. ETHICAL ISSUES IN INTERNATIONAL HEALTH RE-
SEARCH.
(a) IN GENERAL.—The Secretary shall make avail-
able funds for public diplomacy and international ex-
changes, including, as appropriate, funds for international
visitor programs and scholarships available under the
United States Information and Educational Exchange Act
of 1948, the Mutual Educational and Cultural Exchange
Act of 1961 and other similar statutes, to provide opportu-
nities to researchers in developing countries to obtain
scholarships and otherwise participate in activities related
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to ethical issues in human subject research, as described
in subsection (b).
(b) ETHICAL ISSUES
IN HUMAN SUBJECT RE-
SEARCH.—For purposes of subsection (a), ‘‘activities re-
lated to ethical issues in human subject research’’ include
courses of study, conferences, and fora on development of
and compliance with international ethical standards for
clinical trials involving human subjects, particularly with
respect to responsibilities of researchers to individuals and
local communities participating in such trials, and on
management and monitoring of such trials based on such
international ethical standards.
TITLE 
V—UNITED 
STATES
INTERNATIONAL 
BROAD-
CASTING ACTIVITIES
SEC. 501. ELIMINATING STAFF POSITIONS FOR THE ADVI-
SORY BOARD FOR CUBA BROADCASTING.
(a) ELIMINATING POSITION OF STAFF DIRECTOR.—
(1) Section 245 of the Television Broadcasting
to Cuba Act (22 U.S.C. 1465c note), is amended by
striking subsection (d).
(2) Any funds made available through the elimi-
nation of the position under the amendment made
by paragraph (1) shall be made available for broad-
casting to Cuba.
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(b) PROHIBITING PAID STAFF POSITIONS.—The Ad-
visory Board for Cuba Broadcasting is not authorized to
employ administrative or support staff who are com-
pensated by the Advisory Board.
SEC. 502. REPORTS ON BROADCASTING PERSONNEL.
Not later than 3 months after the date of the enact-
ment of this Act and every 6 months thereafter during
the fiscal years 2002 and 2003, the Broadcasting Board
of Governors shall submit to the appropriate congressional
committees a report regarding high-level personnel of the
Broadcasting Board of Governors and efforts to diversify
the workforce. Each report shall include the following in-
formation, reported separately, for the International
Broadcasting Bureau, Radio Free Europe/Radio Liberty,
and Radio Free Asia:
(1) A list of all personnel positions at and above
the GS–13 pay level.
(2) The number and percentage of women and
members of minority groups in positions under para-
graph (1).
(3) The increase or decrease in the representa-
tion of women and members of minority groups in
positions under paragraph (1) from previous years.
(4) The recruitment budget for each broad-
casting entity and the aggregate budget.
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(5) Information concerning the recruitment ef-
forts of the Broadcasting Board of Governors relat-
ing to women and members of minority groups, in-
cluding the percentage of the recruitment budget
utilized for such efforts.
SEC. 503. PERSONAL SERVICES CONTRACTING PILOT PRO-
GRAM.
(a) IN GENERAL.—The Director of the International
Broadcasting Bureau is authorized to establish a pilot pro-
gram for the purpose of hiring United States citizens or
aliens as personal services contractors, without regard to
civil service and classification laws, for service in the
United States as broadcasters, producers, and writers in
the International Broadcasting Bureau to respond to new
or emerging broadcasting needs or to augment broadcast
services.
(b) LIMITATION ON AUTHORITY.—The Director is
authorized to use such pilot program authority subject to
the following limitations:
(1) The Director shall determine that existing
personnel resources are insufficient and the need is
of limited or unknown duration.
(2) The Director shall approve each contract
for a personal services contractor.
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(3) The length of any personal services contract
may not exceed 2 years, unless the Director finds
that exceptional circumstances justify an extension
of not more than 1 additional year.
(4) Not more than 50 United States citizens or
aliens shall be employed at any time as personal
services contractors under the pilot program.
(c) TERMINATION OF AUTHORITY.—The authority to
award personal services contracts under the pilot program
authorized by this section shall terminate on December 31,
2005. A contract entered into prior to the termination
date under this subsection may remain in effect for a pe-
riod not to exceed 6 months after such termination date.
SEC. 504. PAY PARITY FOR SENIOR EXECUTIVES OF RADIO
FREE EUROPE AND RADIO LIBERTY.
Section 308(h)(1) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6207(h)(1)), is
amended—
(1) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C) Notwithstanding the limitations under
subparagraph (A), grant funds provided under this
section may be used by RFE/RL, Incorporated to
pay up to two employees employed in Washington,
D.C. salary or other compensation not to exceed the
HR 1646 RFS
rate of pay payable for level III of the Executive
Schedule under section 5314 of title 5, United
States Code.’’; and
(2) in subparagraph (A) by striking ‘‘(B),’’ and
inserting ‘‘(B) or (C),’’.
SEC. 505. REPEAL OF BAN ON UNITED STATES TRANS-
MITTER IN KUWAIT.
The Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103–236), is
amended—
(1) by striking section 226; and
(2) by striking the item relating to section 226
in the table of sections.
TITLE VI—INTERNATIONAL OR-
GANIZATIONS AND COMMIS-
SIONS
SEC. 601. UNITED NATIONS ARREARS PAYMENTS AND RE-
FORM.
(a) ADDITIONAL RESTRICTION ON RELEASE OF AR-
REARAGE PAYMENTS RELATING
TO UNITED STATES
MEMBERSHIP ON THE UNITED NATIONS COMMISSION ON
HUMAN RIGHTS AND USE OF SECRET BALLOTS.—In ad-
dition to the satisfaction of all other preconditions applica-
ble to the obligation and expenditure of funds authorized
to be appropriated by section 911(a)(3) of the United Na-
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tions Reform Act of 1999, such funds may not be obli-
gated or expended until the Secretary of State certifies
to the appropriate congressional committees that—
(1) the United States has obtained full mem-
bership on the United Nations Commission on
Human Rights for a term commencing after May 3,
2001; and
(2)(A) neither the United Nations nor any spe-
cialized agency of the United Nations takes any ac-
tion or exercises any authority by any vote of the
membership of the body by a secret ballot which pre-
vents the identification of each vote with the member
casting the ballot; or
(B) a detailed analysis of voting within the
United Nations and specialized agencies of the
United Nations has demonstrated to the satisfaction
of the Secretary of State that the use of secret bal-
lots can serve the interests of the United States and
that analysis has been transmitted to the appro-
priate congressional committees.
(b) ADDITIONAL RESTRICTION ON RELEASE OF AR-
REARAGE PAYMENTS RELATING TO GENERAL ACCOUNT-
ING OFFICE REPORT ON UNITED STATES CONTRIBU-
TIONS
TO
UNITED
NATIONS
PEACEKEEPING
OPER-
ATIONS.—
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(1) In addition to the satisfaction of all other
preconditions applicable to the obligation and ex-
penditure of funds authorized to be appropriated by
section 911(a)(3) of the United Nations Reform Act
of 1999, such funds may not be obligated or ex-
pended until the date on which the General Account-
ing Office submits a report to Congress under para-
graph (2) or September 30, 2001, whichever occurs
first.
(2) Not later than September 30, 2001, the
General Accounting Office, in consultation with the
Department of Defense, shall submit to the Con-
gress a detailed accounting of United States con-
tributions to United Nations peacekeeping oper-
ations during the period 1990 through 2001, includ-
ing a review of any reimbursement by the United
Nations for such contributions.
(c) ADDITIONAL RESTRICTIONS ON RELEASE OF AR-
REARAGE PAYMENTS RELATING TO UNITED STATES SOV-
EREIGNTY.—In addition to the satisfaction of all other
preconditions applicable to the obligation and expenditure
of funds authorized to be appropriated by section
911(a)(2) of the United Nations Reform Act of 1999, such
funds may not be obligated or expended until the Sec-
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retary of State certifies to the appropriate congressional
committees that the following conditions are satisfied:
(1) SUPREMACY OF THE UNITED STATES CON-
STITUTION.—No action has been taken by the
United Nations or any of its specialized or affiliated
agencies that requires the United States to violate
the United States Constitution or any law of the
United States.
(2) NO UNITED NATIONS SOVEREIGNTY.—Nei-
ther the United Nations nor any of its specialized or
affiliated agencies—
(A) has exercised sovereignty over the
United States; or
(B) has taken any steps that require the
United States to cede sovereignty.
(3) NO UNITED NATIONS TAXATION.—
(A) NO
LEGAL
AUTHORITY.—Except as
provided in subparagraph (D), neither the
United Nations nor any of its specialized or af-
filiated agencies has the authority under United
States law to impose taxes or fees on United
States nationals.
(B) NO TAXES OR FEES.—Except as pro-
vided in subparagraph (D), a tax or fee has not
been imposed on any United States national by
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the United Nations or any of its specialized or
affiliated agencies.
(C) NO TAXATION PROPOSALS.—Except as
provided in subparagraph (D), neither the
United Nations nor any of its specialized or af-
filiated agencies has, on or after October 1,
1996, officially approved any formal effort to
develop, advocate, or promote any proposal con-
cerning the imposition of a tax or fee on any
United States national in order to raise revenue
for the United Nations or any such agency.
(D) EXCEPTION.—This paragraph does
not apply to—
(i) fees for publications or other kinds
of fees that are not tantamount to a tax on
United States citizens;
(ii) the World Intellectual Property
Organization; or
(iii) the staff assessment costs of the
United Nations and its specialized or affili-
ated agencies.
(4) NO STANDING ARMY.—The United Nations
has not, on or after October 1, 1996, budgeted any
funds for, nor taken any official steps to develop,
create, or establish any special agreement under Ar-
HR 1646 RFS
ticle 43 of the United Nations Charter to make
available to the United Nations, on its call, the
armed forces of any member of the United Nations.
(5) NO INTEREST FEES.—The United Nations
has not, on or after October 1, 1996, levied interest
penalties against the United States or any interest
on arrearages on the annual assessment of the
United States, and neither the United Nations nor
its specialized agencies have, on or after October 1,
1996, amended their financial regulations or taken
any other action that would permit interest penalties
to be levied against the United States or otherwise
charge the United States any interest on arrearages
on its annual assessment.
(6) 
UNITED
STATES
REAL
PROPERTY
RIGHTS.—Neither the United Nations nor any of its
specialized or affiliated agencies has exercised au-
thority or control over any United States national
park, wildlife preserve, monument, or real property,
nor has the United Nations nor any of its specialized
or affiliated agencies implemented plans, regulations,
programs, or agreements that exercise control or au-
thority over the private real property of United
States citizens located in the United States without
the approval of the property owner.
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(7) TERMINATION
OF
BORROWING
AUTHOR-
ITY.—
(A) PROHIBITION ON AUTHORIZATION OF
EXTERNAL BORROWING.—On or after the date
of the enactment of this Act, neither the United
Nations nor any specialized agency of the
United Nations has amended its financial regu-
lations to permit external borrowing.
(B) PROHIBITION OF UNITED STATES PAY-
MENT OF INTEREST COSTS.—The United States
has not, on or after October 1, 1984, paid its
share of any interest costs made known to or
identified by the United States Government for
loans incurred, on or after October 1, 1984, by
the United Nations or any specialized agency of
the United Nations through external borrowing.
(d) AMENDMENTS TO THE UNITED NATIONS RE-
FORM ACT OF 1999.—The United Nations Reform Act of
1999 (title IX of division A of H.R. 3427, as enacted into
law by section 1000(a)(7) of Public Law 106–113; appen-
dix G; 113 Stat. 1501A–475), is amended as follows:
(1) Section 912(c) is amended by striking ‘‘sec-
tion 911’’ and inserting ‘‘section 911(a)(3)’’.
(2) Section 931(b) is amended by—
(A) striking paragraph (2); and
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(B) redesignating paragraph (3) as para-
graph (2).
(3) Section 941(a)(2) is amended—
(A) by striking ‘‘also’’;
(B) by striking ‘‘in subsection (b)(4)’’ both
places it appears; and
(C) by striking ‘‘satisfied, if the other con-
ditions in subsection (b) are satisfied’’ and in-
serting ‘‘satisfied’’.
(4) Section 941(b)(3) is amended—
(A) in the paragraph heading by striking
‘‘NEW
BUDGET
PROCEDURES’’ and inserting
‘‘BUDGET PRACTICES’’;
(B) by striking ‘‘has established and’’;
(C) by striking ‘‘procedures’’ and inserting
‘‘practices’’; and
(D) in subparagraphs (A) and (B) by
striking ‘‘require’’ both places it appears and
inserting in both places ‘‘result in’’.
(5) Section 941(b)(9) is amended—
(A) in the paragraph heading by striking
‘‘NEW
BUDGET
PROCEDURES’’ and inserting
‘‘BUDGET PRACTICES’’;
(B) by striking ‘‘Each designated special-
ized agency has established procedures to—’’
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and inserting ‘‘The practices of each designated
specialized agency—’’; and
(C) in subparagraphs (A), (B), and (C) by
striking ‘‘require’’ each of the 3 places it ap-
pears such subparagraphs and inserting in the
3 places ‘‘result in’’.
(e) AMENDMENT TO UNITED NATIONS PARTICIPA-
TION ACT.—Section 6 of the United Nations Participation
Act of 1945 (22 U.S.C. 287d), is amended to read as fol-
lows:
‘‘SEC. 6. AGREEMENTS WITH SECURITY COUNCIL.
‘‘(a) Any agreement described in subsection (b) that
is concluded by the President with the Security Council
shall not be effective unless approved by the Congress by
appropriate Act or joint resolution.
‘‘(b) An agreement referred to in subsection (a) is
an agreement providing for the numbers and types of
United States Armed Forces, their degree of readiness and
general locations, or the nature of facilities and assistance,
including rights of passage, to be made available to the
Security Council for the purpose of maintaining inter-
national peace and security in accordance with Article 43
of the Charter of the United Nations.
‘‘(c) Except as provided in section 7, nothing in this
section may be construed as an authorization to the Presi-
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dent by the Congress to make available United States
Armed Forces, facilities, or assistance to the Security
Council.’’.
(f) AMENDMENT TO PUBLIC LAW 103–236.—Section
404(b)(2) of the Foreign Relations Authorization Act, Fis-
cal Years 1994 and 1995 (Public Law 103–236; 22 U.S.C.
287e note), is amended—
(1) by striking ‘‘for any fiscal year after fiscal
year 1995’’ and inserting ‘‘for—
‘‘(A) fiscal years 1996 through 2001, and
any fiscal year after fiscal year 2003’’; and
(2) by striking ‘‘operation.’’ and inserting ‘‘op-
eration; and
‘‘(B) fiscal years 2002 and 2003 shall not
be available for the payment of the United
States assessed contribution for a United Na-
tions peacekeeping operation in an amount
which is greater than 28.15 percent of the total
of all assessed contributions for that oper-
ation.’’.
(g) CONFORMING AMENDMENT TO PUBLIC LAW 92–
544.—The last sentence of the paragraph headed ‘‘Con-
tributions to International Organizations’’ in Public Law
92–544 (22 U.S.C. 287e note) is amended—
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(1) by striking ‘‘Appropriations are authorized’’
and inserting ‘‘Subject to section 404(b)(2) of the
Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103–236, 22 U.S.C.
287e note), as amended, appropriations are author-
ized’’; and
(2) by striking ‘‘(other than United Nations
peacekeeping operations) conducted’’ and inserting
‘‘conducted by or under the auspices of the United
Nations or’’.
(h) CONFORMING AMENDMENT
TO PUBLIC LAW
105–277.—The undesignated paragraph under the head-
ing ‘‘ARREARAGE PAYMENTS’’ in title IV of the Depart-
ments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999 (as enacted
into law by section 101(b) of division A of the Omnibus
Consolidated and Emergency Supplemental Appropria-
tions Act, 1999; 112 Stat. 2681–96) is amended by strik-
ing ‘‘member, and the share of the budget for each as-
sessed United Nations peacekeeping operation does not ex-
ceed 25 percent for any single United Nations member.’’
and inserting ‘‘member.’’.
(i) CONFORMING AMENDMENT TO PUBLIC LAW 106–
113.—The undesignated paragraph under the heading
‘‘ARREARAGE PAYMENTS’’ in title IV of the Departments
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of Commerce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriations Act, 2000 (as enacted into
law by section 1000(a)(1) of division B of Public Law
106–113; appendix A; 113 Stat. 1501A–42) is amended—
(1) in the first proviso, by striking ‘‘the share
of the total of all assessed contributions for any des-
ignated specialized agency of the United Nations
does not exceed 22 percent for any single member of
the agency, and’’; and
(2) by inserting immediately after the first pro-
viso ‘‘Provided further, That, none of the funds ap-
propriated or otherwise made available under this
heading for payment of arrearages may be obligated
or expended with respect to a designated specialized
agency of the United Nations until such time as the
share of the total of all assessed contributions for
that designated specialized agency does not exceed
22 percent for any member of the agency:’’.
(j) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the date
of the enactment of this Act.
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SEC. 602. TRAVEL BY ADVISORY COMMITTEE MEMBERS TO
GREAT LAKES FISHERY COMMISSION AN-
NUAL MEETING.
Section 4(c) of the Great Lakes Fishery Act of 1956
(70 Stat. 242; 16 U.S.C. 933(c)), is amended in the sec-
ond sentence—
(1) by striking ‘‘five’’ and inserting ‘‘ten’’; and
(2) by striking ‘‘each’’ and inserting ‘‘the an-
nual’’.
SEC. 603. UNITED STATES POLICY ON COMPOSITION OF
THE UNITED NATIONS HUMAN RIGHTS COM-
MISSION.
(a) FINDINGS.—The Congress makes the following
findings:
(1) The United Nations Human Rights Com-
mission is an important organ of the United Nations
that plays a significant role in monitoring inter-
national human rights developments and can make
an important contribution to advancing human
rights around the world.
(2) The membership of the Commission, how-
ever, continues to include countries that are them-
selves human rights violators.
(3) Countries that are on the Commission have
a special duty to ensure that they are prepared to
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allow human rights monitors into their own country
to investigate allegations of human rights violations.
(b) UNITED STATES POLICY ON MEMBERSHIP OF
THE COMMISSION.—The President, acting through the
Secretary of State, the United States Permanent Rep-
resentative to the United Nations, and other appropriate
United States Government officials, shall use the voice and
vote of the United States at the United Nations to oppose
membership on the United Nations Commission on
Human Rights for any country that does not provide a
standing invitation to allow the following persons to mon-
itor human rights in the territory of such country:
(1) Designated United Nations human rights
investigators and rapporteurs.
(2) Representatives from nongovernmental or-
ganizations that focus on human rights.
SEC. 604. UNITED STATES MEMBERSHIP IN THE INTER-
NATIONAL ORGANIZATION FOR MIGRATION.
(a) CONTINUATION OF MEMBERSHIP.—The Presi-
dent is authorized to continue membership for the United
States in the International Organization for Migration in
accordance with the constitution of such organization ap-
proved in Venice, Italy, on October 19, 1953, as amended
in Geneva, Switzerland, on November 24, 1998, upon
entry into force of such amendments.
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(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of assisting in the movement of refugees and mi-
grants, there are authorized to be appropriated such
amounts as may be necessary from time to time for pay-
ment by the United States of its contributions to the
International Organization for Migration and all necessary
salaries and expenses incidental to United States partici-
pation in such organization.
SEC. 605. REPORT RELATING TO COMMISSION ON SECU-
RITY AND COOPERATION IN EUROPE.
Section 5 of the Act entitled ‘‘An Act to establish a
Commission on Security and Cooperation in Europe’’
(Public Law 94–304; 22 U.S.C. 3005) is amended to read
as follows:
‘‘SEC. 5. In order to assist the Commission in car-
rying out its duties, the Secretary of State shall submit
to the Commission an annual report discussing the overall
United States policy objectives that are advanced through
meetings of decision-making bodies of the Organization on
Security and Cooperation in Europe (OSCE), the OSCE
implementation review process, and other activities of the
OSCE. The report shall also include a summary of specific
United States policy objectives with respect to partici-
pating states where there is a particular concern relating
to the implementation of Organization on Security and
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Cooperation in Europe commitments or where an OSCE
presence exists. Such summary shall address the role
played by Organization on Security and Cooperation in
Europe institutions, mechanisms, or field activities in
achieving United States policy objectives. Each annual re-
port shall cover the period January 1 through December
31, shall be submitted not more than 90 days after the
end of the reporting period, and shall be posted on the
website of the Department of State.’’.
SEC. 606. REPORTS TO CONGRESS ON UNITED NATIONS AC-
TIVITIES.
(a) AMENDMENTS TO UNITED NATIONS PARTICIPA-
TION ACT.—Section 4 of the United Nations Participation
Act (22 U.S.C. 287b), is amended—
(1) by striking subsections (b) and (c);
(2) by inserting after subsection (a) the fol-
lowing new subsection:
‘‘(b) ANNUAL REPORT ON FINANCIAL CONTRIBU-
TIONS.—Not later than July 1 of each year, the Secretary
of State shall submit a report to the designated congres-
sional committees on the extent and disposition of all fi-
nancial contributions made by the United States during
the preceding year to international organizations in which
the United States participates as a member.’’;
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(3) in subsection (e)(5) by striking subpara-
graph (B) and inserting the following:
‘‘(B) ANNUAL
REPORT.—The President
shall submit an annual report to the designated
congressional committees on all assistance pro-
vided by the United States during the preceding
calendar year to the United Nations to support
peacekeeping operations. Each such report shall
describe the assistance provided for each such
operation, listed by category of assistance.’’;
and
(4) by redesignating subsections (d), (e), (f),
and (g) as subsections (c), (d), (e), and (f) respec-
tively.
(b) CONFORMING AMENDMENTS.—
(1) Section 2 of Public Law 81–806 (22 U.S.C.
262a) is amended by striking the last sentence.
(2) Section 409 of the Foreign Relations Au-
thorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 287e note), is amended by striking sub-
section (d).
HR 1646 RFS
Subtitle B—American
Servicemembers’ Protection Act
SEC. 631. SHORT TITLE.
This subtitle may be cited as the ‘‘American
Servicemembers’ Protection Act of 2001’’.
SEC. 632. FINDINGS.
Congress makes the following findings:
(1) On July 17, 1998, the United Nations Dip-
lomatic Conference of Plenipotentiaries on the Es-
tablishment of an International Criminal Court,
meeting in Rome, Italy, adopted the ‘‘Rome Statute
of the International Criminal Court.’’ The vote on
whether to proceed with the Statute was 120 in
favor to 7 against, with 21 countries abstaining. The
United States voted against final adoption of the
Rome Statute.
(2) As of April 30, 2001, 139 countries had
signed the Rome Statute and 30 had ratified it. Pur-
suant to Article 126 of the Rome Statute, the Stat-
ute will enter into force on the first day of the
month after the 60th day following the date on
which the 60th country deposits an instrument rati-
fying the Statute.
(3) Since adoption of the Rome Statute, a Pre-
paratory Commission for the International Criminal
100
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Court has met regularly to draft documents to im-
plement the Rome Statute, including Rules of Proce-
dure and Evidence, Elements of Crimes, and a defi-
nition of the Crime of Aggression.
(4) During testimony before the Congress fol-
lowing the adoption of the Rome Statute, the lead
United 
States 
negotiator, 
Ambassador 
David
Scheffer stated that the United States could not
sign the Rome Statute because certain critical nego-
tiating objectives of the United States had not been
achieved. As a result, he stated: ‘‘We are left with
consequences that do not serve the cause of inter-
national justice.’’.
(5) Ambassador Scheffer went on to tell the
Congress that: ‘‘Multinational peacekeeping forces
operating in a country that has joined the treaty can
be exposed to the Court’s jurisdiction even if the
country of the individual peacekeeper has not joined
the treaty. Thus, the treaty purports to establish an
arrangement whereby United States armed forces
operating overseas could be conceivably prosecuted
by the international court even if the United States
has not agreed to be bound by the treaty. Not only
is this contrary to the most fundamental principles
of treaty law, it could inhibit the ability of the
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United States to use its military to meet alliance ob-
ligations and participate in multinational operations,
including humanitarian interventions to save civilian
lives. Other contributors to peacekeeping operations
will be similarly exposed.’’.
(6) Notwithstanding these concerns, President
Clinton directed that the United States sign the
Rome Statute on December 31, 2000. In a state-
ment issued that day, he stated that in view of the
unremedied deficiencies of the Rome Statute, ‘‘I will
not, and do not recommend that my successor sub-
mit the Treaty to the Senate for advice and consent
until our fundamental concerns are satisfied’’.
(7) Any American prosecuted by the Inter-
national Criminal Court will, under the Rome Stat-
ute, be denied procedural protections to which all
Americans are entitled under the Bill of Rights to
the United States Constitution, such as the right to
trial by jury.
(8) Members of the Armed Forces of the
United States deserve the full protection of the
United States Constitution wherever they are sta-
tioned or deployed around the world to protect the
vital national interests of the United States. The
United States Government has an obligation to pro-
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tect the members of its Armed Forces, to the max-
imum extent possible, against criminal prosecutions
carried out by United Nations officials under proce-
dures that deny them their constitutional rights.
(9) In addition to exposing members of the
Armed Forces of the United States to the risk of
international criminal prosecution, the Rome Statute
creates a risk that the President and other senior
elected and appointed officials of the United States
Government may be prosecuted by the International
Criminal Court. Particularly if the Preparatory
Commission agrees on a definition of the Crime of
Aggression over United States objections, senior
United States officials may be at risk of criminal
prosecution for national security decisions involving
such matters as responding to acts of terrorism, pre-
venting the proliferation of weapons of mass destruc-
tion, and deterring aggression. No less than mem-
bers of the Armed Forces of the United States, sen-
ior officials of the United States Government deserve
the full protection of the United States Constitution
with respect to official actions taken by them to pro-
tect the national interests of the United States.
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SEC. 633. WAIVER AND TERMINATION OF PROHIBITIONS OF
THIS ACT.
(a) AUTHORITY TO INITIALLY WAIVE SECTIONS 635
AND 637.—The President is authorized to waive the prohi-
bitions and requirements of sections 635 and 637 for a
single period of 1 year. Such a waiver may be issued only
if the President at least 15 days in advance of exercising
such authority—
(1) notifies the appropriate congressional com-
mittees of the intention to exercise such authority;
and
(2) determines and reports to the appropriate
congressional committees that the International
Criminal Court has entered into a binding agree-
ment that—
(A) prohibits the International Criminal
Court from seeking to exercise jurisdiction over
the following persons with respect to actions
undertaken by them in an official capacity:
(i) covered United States persons;
(ii) covered allied persons; and
(iii) individuals who were covered
United States persons or covered allied
persons; and
(B) ensures that no person described in
subparagraph (A) will be arrested, detained,
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prosecuted, or imprisoned by or on behalf of the
International Criminal Court.
(b) AUTHORITY TO EXTEND WAIVER OF SECTIONS
635 AND 637.—The President is authorized to waive the
prohibitions and requirements of sections 635 and 637 for
successive periods of 1 year each upon the expiration of
a previous waiver pursuant to subsection (a) or this sub-
section. Such a waiver may be issued only if the President
at least 15 days in advance of exercising such authority—
(1) notifies the appropriate congressional com-
mittees of the intention to exercise such authority;
and
(2) determines and reports to the appropriate
congressional committees that the International
Criminal Court—
(A) remains party to, and has continued to
abide by, a binding agreement that—
(i) prohibits the International Crimi-
nal Court from seeking to exercise jurisdic-
tion over the following persons with respect
to actions undertaken by them in an offi-
cial capacity:
(I) covered United States per-
sons;
(II) covered allied persons; and
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(III) individuals who were cov-
ered United States persons or covered
allied persons; and
(ii) ensures that no person described
in clause (i) will be arrested, detained,
prosecuted, or imprisoned by or on behalf
of the International Criminal Court; and
(B) has taken no steps to arrest, detain,
prosecute, or imprison any person described in
clause (i) of subparagraph (A).
(c) AUTHORITY TO WAIVE SECTIONS 634 AND 636
WITH RESPECT TO AN INVESTIGATION OR PROSECUTION
OF A NAMED INDIVIDUAL.—The President is authorized
to waive the prohibitions and requirements of sections 634
and 636 to the degree they would prevent United States
cooperation with an investigation or prosecution of a
named individual by the International Criminal Court.
Such a waiver may be issued only if the President at least
15 days in advance of exercising such authority—
(1) notifies the appropriate congressional com-
mittees of the intention to exercise such authority;
and
(2) determines and reports to the appropriate
congressional committees that—
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(A) a waiver pursuant to subsection (a) or
(b) of the prohibitions and requirements of sec-
tions 635 and 637 is in effect;
(B) there is reason to believe that the
named individual committed the crime or
crimes that are the subject of the International
Criminal Court’s investigation or prosecution;
(C) it is in the national interest of the
United States for the International Criminal
Court’s investigation or prosecution of the
named individual to proceed; and
(D) in investigating events related to ac-
tions by the named individual, none of the fol-
lowing persons will be investigated, arrested,
detained, prosecuted, or imprisoned by or on
behalf of the International Criminal Court with
respect to actions undertaken by them in an of-
ficial capacity:
(i) Covered United States persons.
(ii) Covered allied persons.
(iii) Individuals who were covered
United States persons or covered allied
persons.
(d) TERMINATION OF WAIVER PURSUANT TO SUB-
SECTION (c).—Any waiver or waivers exercised pursuant
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to subsection (c) of the prohibitions and requirements of
sections 634 and 636 shall terminate at any time that a
waiver pursuant to subsection (a) or (b) of the prohibitions
and requirements of sections 635 and 637 expires and is
not extended pursuant to subsection (b).
(e) TERMINATION OF PROHIBITIONS OF THIS ACT.—
The prohibitions and requirements of sections 634, 635,
636, and 637 shall cease to apply, and the authority of
section 638 shall terminate, if the United States becomes
a party to the International Criminal Court pursuant to
a treaty made under article II, section 2, clause 2 of the
Constitution of the United States.
SEC. 634. PROHIBITION ON COOPERATION WITH THE
INTERNATIONAL CRIMINAL COURT.
(a) 
CONSTRUCTION.—The 
provisions 
of 
this
section—
(1) apply only to cooperation with the Inter-
national Criminal Court and shall not be construed
to apply to cooperation with an ad hoc international
criminal tribunal established by the United Nations
Security Council before or after the date of the en-
actment of this Act to investigate and prosecute war
crimes committed in a specific country or during a
specific conflict; and
(2) shall not be construed to prohibit—
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(A) any action permitted under section
638;
(B) any other action taken by members of
the Armed Forces of the United States outside
the territory of the United States while engaged
in military operations involving the threat or
use of force when necessary to protect such per-
sonnel from harm or to ensure the success of
such operations; or
(C) communication by the United States to
the International Criminal Court of its policy
with respect to a particular matter.
(b) PROHIBITION
ON RESPONDING
TO REQUESTS
FOR COOPERATION.—No agency or entity of the United
States Government or of any State or local government,
including any court, may cooperate with the International
Criminal Court in response to a request for cooperation
submitted by the International Criminal Court pursuant
to Part 9 of the Rome Statute.
(c) PROHIBITION ON SPECIFIC FORMS OF COOPERA-
TION
AND ASSISTANCE.—No agency or entity of the
United States Government or of any State or local govern-
ment, including any court, may provide financial support
or other cooperation, support, or assistance to the Inter-
national Criminal Court, including by undertaking any ac-
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tion described in the following articles of the Rome Statute
with the purpose or intent of cooperating with, or other-
wise providing support or assistance to, the International
Criminal Court:
(1) Article 89 (relating to arrest, extradition,
and transit of suspects).
(2) Article 92 (relating to provisional arrest of
suspects).
(3) Article 93 (relating to seizure of property,
asset forfeiture, execution of searches and seizures,
service of warrants and other judicial process, taking
of evidence, and similar matters).
(d) RESTRICTION
ON ASSISTANCE PURSUANT
TO
MUTUAL LEGAL ASSISTANCE TREATIES.—The United
States shall exercise its rights to limit the use of assist-
ance provided under all treaties and executive agreements
for mutual legal assistance in criminal matters, multilat-
eral conventions with legal assistance provisions, and ex-
tradition treaties, to which the United States is a party,
and in connection with the execution or issuance of any
letter rogatory, to prevent the transfer to, or other use
by, the International Criminal Court of any assistance
provided by the United States under such treaties and let-
ters rogatory.
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(e) PROHIBITION ON INVESTIGATIVE ACTIVITIES OF
AGENTS.—No agent of the International Criminal Court
may conduct, in the United States or any territory subject
to the jurisdiction of the United States, any investigative
activity relating to a preliminary inquiry, investigation,
prosecution, or other proceeding at the International
Criminal Court.
SEC. 635. RESTRICTION ON UNITED STATES PARTICIPA-
TION IN CERTAIN UNITED NATIONS PEACE-
KEEPING OPERATIONS.
(a) POLICY.—Effective beginning on the date on
which the Rome Statute enters into force pursuant to Ar-
ticle 126 of the Rome Statute, the President should use
the voice and vote of the United States in the United Na-
tions Security Council to ensure that each resolution of
the Security Council authorizing any peacekeeping oper-
ation under chapter VI of the charter of the United Na-
tions or peace enforcement operation under chapter VII
of the charter of the United Nations permanently exempts,
at a minimum, members of the Armed Forces of the
United States participating in such operation from crimi-
nal prosecution by the International Criminal Court for
actions undertaken by such personnel in connection with
the operation.
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(b) RESTRICTION.—Members of the Armed Forces of
the United States may not participate in any peacekeeping
operation under chapter VI of the charter of the United
Nations or peace enforcement operation under chapter VII
of the charter of the United Nations, the creation of which
is authorized by the United Nations Security Council on
or after the date that the Rome Statute enters into effect
pursuant to Article 126 of the Rome Statute, unless the
President has submitted to the appropriate congressional
committees a certification described in subsection (c) with
respect to such operation.
(c) CERTIFICATION.—The certification referred to in
subsection (b) is a certification by the President that
members of the Armed Forces of the United States are
able to participate in the peacekeeping or peace enforce-
ment operation without risk of criminal prosecution by the
International Criminal Court because—
(1) in authorizing the operation, the United
Nations Security Council permanently exempted, at
a minimum, members of the Armed Forces of the
United States participating in the operation from
criminal prosecution by the International Criminal
Court for actions undertaken by them in connection
with the operation;
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(2) each country in which members of the
Armed Forces of the United States participating in
the operation will be present is either not a party to
the International Criminal Court and has not in-
voked the jurisdiction of the International Criminal
Court pursuant to Article 12 of the Rome Statute,
or has entered into an agreement in accordance with
Article 98 of the Rome Statute preventing the Inter-
national Criminal Court from proceeding against
members of the Armed Forces of the United States
present in that country; or
(3) the United States has taken other appro-
priate steps to guarantee that members of the
Armed Forces of the United States participating in
the operation will not be prosecuted by the Inter-
national Criminal Court for actions undertaken by
such personnel in connection with the operation.
SEC. 636. PROHIBITION ON DIRECT OR INDIRECT TRANS-
FER OF CERTAIN CLASSIFIED NATIONAL SE-
CURITY 
INFORMATION 
TO 
THE 
INTER-
NATIONAL CRIMINAL COURT.
(a) DIRECT TRANSFER.—Not later than the date on
which the Rome Statute enters into force, the President
shall ensure that appropriate procedures are in place to
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prevent the transfer of classified national security infor-
mation to the International Criminal Court.
(b) INDIRECT TRANSFER.—Not later than the date
on which the Rome Statute enters into force, the President
shall ensure that appropriate procedures are in place to
prevent the transfer of classified national security infor-
mation relevant to matters under consideration by the
International Criminal Court to the United Nations and
to the government of any country that is a party to the
International Criminal Court unless the United Nations
or that government, as the case may be, has provided writ-
ten assurances that such information will not be made
available to the International Criminal Court.
(c) CONSTRUCTION.—The provisions of this section
shall not be construed to prohibit any action permitted
under section 638.
SEC. 637. PROHIBITION OF UNITED STATES MILITARY AS-
SISTANCE 
TO 
PARTIES 
TO 
THE 
INTER-
NATIONAL CRIMINAL COURT.
(a) PROHIBITION OF MILITARY ASSISTANCE.—Sub-
ject to subsections (b) and (c), no United States military
assistance may be provided to the government of a country
that is a party to the International Criminal Court.
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(b) WAIVER.—The President may waive the prohibi-
tion of subsection (a) with respect to a particular
country—
(1) for one or more periods not exceeding 1
year each, if the President determines and reports to
the appropriate congressional committees that it is
vital to the national interest of the United States to
waive such prohibition; and
(2) permanently, if the President determines
and reports to the appropriate congressional com-
mittees that such country has entered into an agree-
ment with the United States pursuant to Article 98
of the Rome Statute preventing the International
Criminal Court from proceeding against United
States personnel present in such country.
(c) EXEMPTION.—The prohibition of subsection (a)
shall not apply to the government of—
(1) a NATO member country;
(2) a major non-NATO ally (including, inter
alia, Australia, Egypt, Israel, Japan, the Republic of
Korea, and New Zealand); or
(3) Taiwan.
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SEC. 638. AUTHORITY TO FREE MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES AND CER-
TAIN OTHER PERSONS HELD CAPTIVE BY OR
ON BEHALF OF THE INTERNATIONAL CRIMI-
NAL COURT.
(a) AUTHORITY.—The President is authorized to use
all means necessary and appropriate to bring about the
release from captivity of any person described in sub-
section (b) who is being detained or imprisoned against
that person’s will by or on behalf of the International
Criminal Court.
(b) PERSONS AUTHORIZED TO BE FREED.—The au-
thority of subsection (a) shall extend to the following per-
sons:
(1) Covered United States persons.
(2) Covered allied persons.
(3) Individuals detained or imprisoned for offi-
cial actions taken while the individual was a covered
United States person or a covered allied person, and
in the case of a covered allied person, upon the re-
quest of such government.
(c) AUTHORIZATION OF LEGAL ASSISTANCE.—When
any person described in subsection (b) is arrested, de-
tained, prosecuted, or imprisoned by or on behalf of the
International Criminal Court, the authority under sub-
section (a) may be used—
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(1) for the provision of legal representation and
other legal assistance to that person (including, in
the case of a person entitled to assistance under sec-
tion 1037 of title 10, United States Code, represen-
tation and other assistance in the manner provided
in that section); and
(2) for the provision of exculpatory evidence on
behalf of that person.
(d) BRIBES AND OTHER INDUCEMENTS NOT AU-
THORIZED.—Subsection (a) does not authorize the pay-
ment of bribes or the provision of other incentives to in-
duce the release from captivity of a person described in
subsection (b).
SEC. 639. ALLIANCE COMMAND ARRANGEMENTS.
(a) REPORT
ON ALLIANCE COMMAND ARRANGE-
MENTS.—Not later than 6 months after the date of the
enactment of this Act, the President shall transmit to the
appropriate congressional committees a report with re-
spect to each military alliance to which the United States
is party—
(1) describing the degree to which members of
the Armed Forces of the United States may, in the
context of military operations undertaken by or pur-
suant to that alliance, be placed under the command
or operational control of foreign military officers
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subject to the jurisdiction of the International Crimi-
nal Court because they are nationals of a party to
the International Criminal Court; and
(2) evaluating the degree to which members of
the Armed Forces of the United States engaged in
military operations undertaken by or pursuant to
that alliance may be exposed to greater risks as a
result of being placed under the command or oper-
ational control of foreign military officers subject to
the jurisdiction of the International Criminal Court.
(b) DESCRIPTION OF MEASURES TO ACHIEVE EN-
HANCED PROTECTION FOR MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES.—Not later than 1 year
after the date of the enactment of this Act, the President
shall transmit to the appropriate congressional committees
a description of modifications to command and operational
control arrangements within military alliances to which
the United States is a party that could be made in order
to reduce any risks to members of the Armed Forces of
the United States identified pursuant to subsection (a)(2).
(c) SUBMISSION IN CLASSIFIED FORM.—The report
under subsection (a), and the description of measures
under subsection (b), or appropriate parts thereof, may
be submitted in classified form.
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SEC. 640. WITHHOLDINGS.
Funds withheld from the United States share of as-
sessments to the United Nations or any other inter-
national organization during any fiscal year pursuant to
section 705 of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal
Years 2000 and 2001 (as enacted by section 1000(a)(7)
of Public Law 106–113; 113 Stat. 1501A–460), are au-
thorized to be transferred to the Embassy Security, Con-
struction and Maintenance Account of the Department of
State.
SEC. 641. NONDELEGATION.
The authorities vested in the President by sections
633, 635(c), and 637(b) may not be delegated by the
President pursuant to section 301 of title 3, United States
Code, or any other provision of law.
SEC. 642. DEFINITIONS.
As used in this Act and in sections 705 and 706 of
the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001:
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on International Re-
lations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
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(2) CLASSIFIED NATIONAL SECURITY INFORMA-
TION.—The term ‘‘classified national security infor-
mation’’ means information that is classified or clas-
sifiable under Executive Order No. 12958 or a suc-
cessor Executive order.
(3) COVERED
ALLIED
PERSONS.—The term
‘‘covered allied persons’’ means military personnel,
elected or appointed officials, and other persons em-
ployed by or working on behalf of the government of
a NATO member country, a major non-NATO ally
(including, inter alia, Australia, Egypt, Israel,
Japan, the Republic of Korea, and New Zealand), or
Taiwan, for so long as that government is not a
party to the International Criminal Court and wish-
es its officials and other persons working on its be-
half to be exempted from the jurisdiction of the
International Criminal Court.
(4) COVERED UNITED STATES PERSONS.—The
term ‘‘covered United States persons’’ means mem-
bers of the Armed Forces of the United States,
elected or appointed officials of the United States
Government, and other persons employed by or
working on behalf of the United States Government,
for so long as the United States is not a party to
the International Criminal Court.
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(5) EXTRADITION.—The terms ‘‘extradition’’
and ‘‘extradite’’ include both ‘‘extradition’’ and ‘‘sur-
render’’ as those terms are defined in article 102 of
the Rome Statute.
(6) INTERNATIONAL
CRIMINAL
COURT.—The
term ‘‘International Criminal Court’’ means the
court established by the Rome Statute.
(7) MAJOR NON-NATO ALLY.—The term ‘‘major
non-NATO ally’’ means a country that has been so
designated in accordance with section 517 of the
Foreign Assistance Act of 1961.
(8) PARTY TO THE INTERNATIONAL CRIMINAL
COURT.—The term ‘‘party to the International
Criminal Court’’ means a government that has de-
posited an instrument of ratification, acceptance, ap-
proval, or accession to the Rome Statute, and has
not withdrawn from the Rome Statute pursuant to
Article 127 thereof.
(9) PEACEKEEPING OPERATION UNDER CHAP-
TER VI OF THE CHARTER OF THE UNITED NATIONS
OR PEACE ENFORCEMENT OPERATION UNDER CHAP-
TER
VII
OF
THE
CHARTER
OF
THE
UNITED
NA-
TIONS.—The term ‘‘peacekeeping operation under
chapter VI of the charter of the United Nations or
peace enforcement operation under chapter VII of
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the charter of the United Nations’’ means any mili-
tary operation to maintain or restore international
peace and security that—
(A) is authorized by the United Nations
Security Council under chapter VI or VII of the
charter of the United Nations; and
(B) is paid for from assessed contributions
of United Nations members that are made
available for peacekeeping or peace enforcement
activities.
(10) ROME STATUTE.—The term ‘‘Rome Stat-
ute’’ means the Rome Statute of the International
Criminal Court, adopted by the United Nations Dip-
lomatic Conference of Plenipotentiaries on the Es-
tablishment of an International Criminal Court on
July 17, 1998.
(11) SUPPORT.—The term ‘‘support’’ means as-
sistance of any kind, including financial support,
material support, services, intelligence sharing, law
enforcement cooperation, the training or detail of
personnel, and the arrest or detention of individuals.
(12) UNITED STATES MILITARY ASSISTANCE.—
The term ‘‘United States military assistance’’
means—
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(A) assistance provided under chapters 2
through 6 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2311 et seq.);
(B) defense articles or defense services fur-
nished with the financial assistance of the
United States Government, including through
loans and guarantees; or
(C) military training or education activities
provided by any agency or entity of the United
States Government.
Such term does not include activities reportable
under title V of the National Security Act of 1947
(50 U.S.C. 413 et seq.).
TITLE VII—MISCELLANEOUS
PROVISIONS
Subtitle A—General Provisions
SEC. 701. AMENDMENTS TO THE IRAN NONPROLIFERATION
ACT OF 2000.
(a) REPORTS ON PROLIFERATION TO IRAN.—Section
2 of the Iran Nonproliferation Act of 2000 (Public Law
106–178; 114 Stat. 39; 50 U.S.C. 1701 note), is amended
by inserting after subsection (d) the following new sub-
section:
‘‘(e) CONTENT
OF REPORTS.—Each report under
subsection (a) shall contain, with respect to each foreign
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person identified in such report, a brief description of the
type and quantity of the goods, services, or technology
transferred by that person to Iran, the circumstances sur-
rounding the transfer, the usefulness of the transfer to
Iranian weapons programs, and the probable awareness or
lack thereof of the transfer on the part of the government
with primary jurisdiction over the person.’’.
(b) DETERMINATION EXEMPTING FOREIGN PERSONS
FROM CERTAIN MEASURES UNDER THE ACT.—Section
5(a)(2) of such Act is amended by striking ‘‘systems’’ and
inserting ‘‘systems, or conventional weapons’’.
SEC. 702. AMENDMENTS TO THE NORTH KOREA THREAT
REDUCTION ACT OF 1999.
Section 822(a) of the North Korea Threat Reduction
Act of 1999 (subtitle B of title VIII of division A of H.R.
3427, as enacted into law by section 1000(a)(7) of Public
Law 106–113; appendix G; 113 Stat. 1501A–472), is
amended by striking ‘‘such agreement,’’ both places it ap-
pears and inserting in both places ‘‘such agreement (or
that are controlled under the Export Trigger List of the
Nuclear Suppliers Group),’’.
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SEC. 703. AMENDMENTS TO THE INTERNATIONAL RELI-
GIOUS FREEDOM ACT OF 1998.
(a) REPEAL OF TERMINATION OF COMMISSION.—
The International Religious Freedom Act of 1998 (22
U.S.C. 6401 et seq.), is amended by striking section 209.
(b) AUTHORIZATIONS OF APPROPRIATIONS.—Section
207(a) of such Act (22 U.S.C. 6435(a)) is amended by
inserting ‘‘for each of the fiscal years 2002 and 2003’’
after ‘‘$3,000,000’’.
(c) ELECTION OF CHAIR OF COMMISSION.—Section
201(d) of such Act (22 U.S.C. 6431(d)) is amended by
striking ‘‘in each calendar’’ and inserting ‘‘after May 30
of each’’.
(d) PROCUREMENT OF NONGOVERNMENTAL SERV-
ICES.—Section 208(c)(1) of such Act (22 U.S.C.
6435a(c)(1)) is amended by striking ‘‘authority other than
that allowed under this title’’ and inserting ‘‘authority, in
excess of $75,000 annually, except as otherwise provided
in this title’’.
(e) DONATION OF SERVICES.—Section 208(d)(1) of
such Act (22 U.S.C. 6435a(d)(1)) is amended by striking
‘‘services or’’ both places it appears.
(f) ESTABLISHMENT
OF STAGGERED TERMS
OF
MEMBERS OF COMMISSION.—Section 201(c) of such Act
(22 U.S.C. 6431(c)) is amended by adding after para-
graph (1) the following new paragraph:
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‘‘(2) 
ESTABLISHMENT
OF
STAGGERED
TERMS.—Notwithstanding paragraph (1), members
of the Commission appointed to serve on the Com-
mission during the period May 15, 2003, through
May 14, 2005, shall be appointed to terms in ac-
cordance with the provisions of this paragraph. Of
the three members of the Commission appointed by
the President under subsection (b)(1)(B)(i), two
shall be appointed to a 1-year term and one shall be
appointed to a 2-year term. Of the three members
of the Commission appointed by the President pro
tempore 
of 
the 
Senate 
under 
subsection
(b)(1)(B)(ii), one of the appointments made upon
the recommendation of the leader in the Senate of
the political party that is not the political party of
the President shall be appointed to a 1-year term,
and the other two appointments under such clause
shall be 2-year terms. Of the three members of the
Commission appointed by the Speaker of the House
of Representatives under subsection (b)(1)(B)(iii),
one of the appointments made upon the rec-
ommendation of the leader in the House of the polit-
ical party that is not the political party of the Presi-
dent shall be to a 1-year term, and the other two ap-
pointments under such clause shall be 2-year terms.
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The term of each member of the Commission ap-
pointed to a 1-year term shall be considered to have
begun on May 15, 2003, and shall end on May 14,
2004, regardless of the date of the appointment to
the Commission. Each vacancy which occurs upon
the expiration of the term of a member appointed to
a 1-year term shall be filled by the appointment of
a successor to a 2-year term.’’.
(g) VACANCIES.—Section 201(g) of such Act (22
U.S.C. 6431(g)) is amended by adding at the end the fol-
lowing: ‘‘A member may serve after the expiration of that
member’s term until a successor has taken office. Any
member appointed to fill a vacancy occurring before the
expiration of the term for which the member’s predecessor
was appointed shall be appointed only for the remainder
of that term.’’.
SEC. 704. CONTINUATION OF UNITED STATES ADVISORY
COMMISSION ON PUBLIC DIPLOMACY.
(a) AUTHORITY TO CONTINUE COMMISSION.—Sec-
tion 1334 of the Foreign Affairs Reform and Restruc-
turing Act of 1998 (as enacted in division G of the Omni-
bus Consolidated and Emergency Supplemental Appro-
priations Act, 1999: Public Law 105–277), is amended by
striking ‘‘October 1, 2001’’ and inserting ‘‘October 1,
2005’’.
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(b) REPEAL.—Section 404(c) of the Admiral James
W. Nance and Meg Donovan Foreign Relations Authoriza-
tion Act, Fiscal Years 2000 and 2001 (section 404(c) of
division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106–113; appendix G; 113 Stat.
1501A–446), is amended by striking paragraph (2).
SEC. 705. PARTICIPATION OF SOUTH ASIA COUNTRIES IN
INTERNATIONAL LAW ENFORCMENT.
The Secretary of State shall ensure, where prac-
ticable, that appropriate government officials from coun-
tries in the South Asia region shall be eligible to attend
courses at the International Law Enforcement Academy
located in Bangkok, Thailand, and Budapest, Hungary,
consistent with other provisions of law, with the goal of
enhancing regional cooperation in the fight against
transnational crime.
SEC. 706. PARTICIPATION BY SMALL BUSINESSES IN PRO-
CUREMENT CONTRACTS OF USAID.
(a) STUDY.—The Administrator of the United States
Agency for International Development shall conduct a
study to determine what industries are under-represented
by small businesses in the procurement contracts of the
Agency.
(b) INITIAL REPORT.—Not later than 120 days after
the date of the enactment of this Act, the Administrator
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shall submit to the designated congressional committees
a report that contains the following:
(1) The results of the study conducted pursuant
to subsection (a).
(2)(A) A specific plan of outreach to include
measurable achievement milestones, to increase both
the total numbers of contracts and the percentage of
total contract dollars to small business, small dis-
advantaged business, women-owned businesses (as
such terms are defined in the Small Business Act),
and small businesses participating in the program
under section 8(a) of such Act.
(B) The plan shall include proposals for all con-
tracts (Washington, D.C.-based, field-based, and
host country contracts) issued by the Agency or on
behalf of the Agency.
(C) The plan shall include proposals and mile-
stones of the Agency to increase the amount of sub-
contracting to businesses described in subparagraph
(A) by the prime contractors of the Agency.
(D) The milestones described in subparagraph
(C) shall include a description of how the Agency
will use failure to meet goals by prime contractors
as a ranking factor in evaluating any other submis-
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sions from this vendor for future contracts by the
Agency.
(c) SEMIANNUAL REPORT.—The Administrator shall
submit to the designated congressional committees on a
semiannual basis a report that contains a description of
the percentage of total contract dollars awarded and the
total numbers of contracts awarded to businesses de-
scribed in subsection (b)(2)(A), including a description of
achievements toward measurable milestones for both di-
rect contracts of the Agency, host country contracts, and
for subcontracting by prime contractors of the Agency.
(d) DEFINITION.—In this section, the term ‘‘des-
ignated congressional committees’’ means—
(1) the Committee on International Relations
and the Committee on Small Business of the House
of Representatives; and
(2) the Committee on Foreign Relations and
the Committee on Small Business of the Senate.
SEC. 707. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON
CHILD SOLDIERS.
(a) COUNTRIES
RECEIVING
ECONOMIC
ASSIST-
ANCE.—Section 116(d) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n(f)), is amended—
(1) in paragraph (7), by striking ‘‘and’’ at the
end and inserting a semicolon;
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(2) in paragraph (8), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(9)(A) wherever applicable, a description of
the nature and extent of—
‘‘(i) the recruitment and conscription of in-
dividuals under the age of 18 by armed forces
of the government of the country, government-
supported 
paramilitaries, 
or 
other 
armed
groups, and the participation of such individ-
uals in such groups; and
‘‘(ii) the participation of such individuals
in conflict;
‘‘(B) what steps, if any, taken by the govern-
ment of the country to eliminate such practices; and
‘‘(C) such other information related to the use
by the country of individuals under the age of 18 as
soldiers, as determined to be appropriate by the Sec-
retary of State.’’.
(b) COUNTRIES
RECEIVING
SECURITY
ASSIST-
ANCE.—Section 502B(b) of the Foreign Assistance Act of
1961 (22 U.S.C. 2304(b)), is amended by inserting after
the sixth sentence the following: ‘‘Each report under this
section shall also include (i) wherever applicable, a de-
scription of the nature and extent of the recruitment and
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conscription of individuals under the age of 18 by armed
forces of the government of the country, government-sup-
ported paramilitaries, or other armed groups, the partici-
pation of such individuals in such groups, and the partici-
pation of such individuals in conflict, (ii) what steps, if
any, taken by the government of the country to eliminate
such practices, and (iii) such other information related to
the use by the country of individuals under the age of 18
as soldiers, as determined to be appropriate by the Sec-
retary of State.’’.
SEC. 708. AMENDMENTS TO THE VICTIMS OF TRAFFICKING
AND VIOLENCE PROTECTION ACT OF 2000.
(a) ASSISTANCE
FOR VICTIMS
IN OTHER COUN-
TRIES.—Section 107(a)(1) of the Victims of Trafficking
and Violence Protection Act of 2000 is amended by adding
at the end the following: ‘‘In addition, such programs and
initiatives shall, to the maximum extent practicable, in-
clude the following:
‘‘(A) Support for local in-country non-
governmental 
organization-operated 
hotlines,
culturally and linguistically appropriate protec-
tive shelters, and regional and international
nongovernmental organization networks and
databases on trafficking, including support to
assist nongovernmental organizations in estab-
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lishing service centers and systems that are mo-
bile and extend beyond large cities.
‘‘(B) Support for nongovernmental organi-
zations and advocates to provide legal, social,
and other services and assistance to trafficked
individuals, particularly those individuals in de-
tention.
‘‘(C) Education and training for trafficked
women and girls upon their return home.
‘‘(D) The safe reintegration of trafficked
individuals into an appropriate community or
family, with full respect for the wishes, dignity,
and safety of the trafficked individual.
‘‘(E) Support for increasing or developing
programs to assist families of victims in locat-
ing, repatriating, and treating their trafficked
family members.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
113 of the Victims of Trafficking and Violence Protection
Act of 2000 is amended—
(1) in subsection (a), by striking ‘‘for fiscal
year 2002’’ and inserting ‘‘for each of the fiscal
years 2002 and 2003’’;
(2) in subsection (c)—
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(A) in paragraph (1), by striking ‘‘and
$10,000,000 for fiscal year 2002’’ and inserting
‘‘, $10,000,000 for fiscal year 2002, and
$15,000,000 for fiscal year 2003’’; and
(B) in paragraph (2), by striking ‘‘for fis-
cal year 2001’’ and inserting ‘‘for each of the
fiscal years 2001, 2002, and 2003’’; and
(3) in paragraphs (1) and (2) of subsection (e),
by striking ‘‘and $10,000,000 for fiscal year 2002’’
each place it appears and inserting ‘‘, $10,000,000
for fiscal year 2002, and $15,000,000 for fiscal year
2003’’.
SEC. 709. REPORT ON EXTRADITION EFFORTS BETWEEN
THE UNITED STATES AND FOREIGN GOVERN-
MENTS.
(a) REPORT.—
(1) IN
GENERAL.—Not later than 180 days
after the date of the enactment of this Act, the Sec-
retary of State, in conjunction with the Attorney
General, shall prepare and submit to the Congress
a report on efforts between the United States and
the governments of foreign countries to extradite to
the United States individuals described in paragraph
(2).
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(2) INDIVIDUALS
DESCRIBED.—An individual
described in this paragraph is an individual who is
being held in custody by the government of a foreign
country (or who is otherwise known to be in the for-
eign country), and with respect to which a com-
petent authority of the United States—
(A) has charged with a major extraditable
offense described in paragraph (3);
(B) has found guilty of committing a
major extraditable offense described in para-
graph (3); or
(C) is seeking extradition in order to com-
plete a judicially pronounced penalty of depriva-
tion of liberty for a major extraditable offense
described in paragraph (3).
(3) MAJOR
EXTRADITABLE
OFFENSES
DE-
SCRIBED.—A major extraditable offense described in
this paragraph is an offense of murder, attempted
murder, manslaughter, aggravated assault, kidnap-
ping, abduction, or other false imprisonment, drug
trafficking, terrorism, or rape.
(b) ADDITIONAL
INFORMATION.—The report re-
quired under subsection (a) shall also include the fol-
lowing:
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(1) The aggregate number of individuals de-
scribed in subsection (a)(2) who are being held in
custody by all governments of foreign countries (or
are otherwise known to be in the foreign countries),
including the name of each such foreign country and
the number of such individuals held in custody by
the government of each such foreign country.
(2) The aggregate number of requests by com-
petent authorities of the United States to extradite
to the United States such individuals that have been
denied by each foreign government, the reasons why
such individuals have not been so extradited, and the
specific actions the United States has taken to ob-
tain extradition.
(c) ADDITIONAL REQUIREMENT.—In preparing the
report under subsection (a), the Secretary of State, in con-
junction with the Attorney General—
(1) shall establish procedures under which a
competent authority of a State, which is requesting
extradition of 1 or more individuals from a foreign
country as described in subsection (a)(2) and with
respect to which the foreign country has failed to
comply with such request, may submit to the Attor-
ney General appropriate information with respect to
such extradition request; and
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(2) shall include information received under
paragraph (1) in the report under subsection (a).
SEC. 710. PAYMENT OF ANTI-TERRORISM JUDGMENTS.
Section 2002(a)(2)(A)(ii) of the Victims of Traf-
ficking and Violence Protection Act of 2000 (Public Law
106–386; 114 Stat. 1542)), is amended by inserting
‘‘June 6, 2000,’’ after ‘‘March 15, 2000,’’.’’.
Subtitle B—Sense of Congress
Provisions
SEC. 731. SENSE OF CONGRESS RELATING TO HIV/AIDS AND
UNITED 
NATIONS 
PEACEKEEPING 
OPER-
ATIONS.
It is the sense of the Congress that the President
should direct the Secretary of State and the United States
Representative to the United Nations to urge the United
Nations to adopt an HIV/AIDS mitigation strategy as a
component of United Nations peacekeeping operations.
SEC. 732. SENSE OF CONGRESS RELATING TO HIV/AIDS
TASK FORCE.
It is the sense of the Congress that the Secretary of
State should establish an international HIV/AIDS inter-
vention, mitigation, and coordination task force to coordi-
nate activities on international HIV/AIDS programs ad-
ministered by agencies of the Federal Government and to
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work with international public and private entities working
to combat the HIV/AIDS pandemic.
SEC. 733. SENSE OF CONGRESS CONDEMNING THE DE-
STRUCTION OF PRE-ISLAMIC STATUES IN AF-
GHANISTAN BY THE TALIBAN REGIME.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Many of the oldest and most significant
Buddhist statues in the world are in Afghanistan,
which, at the time that many of the statues were
carved, was one of the most cosmopolitan regions in
the world and hosted merchants, travelers, and art-
ists from China, India, central Asia, and the Roman
Empire.
(2) Such statues are part of the common herit-
age of mankind, which must be preserved for future
generations.
(3) On February 26, 2001, the leader of the
Taliban regime, Mullah Mohammad Omar, ordered
the destruction of all pre-Islamic statues in Afghani-
stan, among them a pair of 1,600-year-old, 100-foot-
tall statues of Buddha that are carved out of a
mountainside.
(4) The religion of Islam and Buddhist statues
have coexisted in Afghanistan as part of the unique
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historical and cultural heritage of that nation for
more than 1,100 years.
(5) The destruction of the pre-Islamic statues
contradicts the basic tenet of the Islamic religion
that other religions should be tolerated.
(6) People of all faiths and nationalities have
condemned the destruction of the statues in Afghan-
istan, including Muslim communities around the
world.
(7) The destruction of the statues violates the
United Nations Convention Concerning the Protec-
tion of the World Cultural and Natural Heritage,
which was ratified by Afghanistan on March 20,
1979.
(b) SENSE OF CONGRESS.—The Congress—
(1) joins with people and governments around
the world in condemning the destruction of pre-Is-
lamic statues in Afghanistan by the Taliban regime;
(2) urges the Taliban regime to stop destroying
such statues; and
(3) calls upon the Taliban regime to grant
international organizations immediate access to Af-
ghanistan to survey the damage and facilitate inter-
national efforts to preserve and safeguard the re-
maining statues.
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SEC. 734. SENSE OF CONGRESS RELATING TO RESOLUTION
OF THE TAIWAN STRAIT ISSUE.
It is the sense of the Congress that Taiwan is a ma-
ture democracy that fully respects human rights and it
is the policy of the United States that any resolution of
the Taiwan Strait issue must be peaceful and include the
assent of the people of Taiwan.
SEC. 735. SENSE OF CONGRESS RELATING TO ARSENIC
CONTAMINATION IN DRINKING WATER IN
BANGLADESH.
(a) FINDINGS.—In the early 1970s, the United Na-
tions Children’s Fund (UNICEF) and the Bangladeshi
Department of Public Health Engineering, in an attempt
to bring clean drinking water to the people of Bangladesh,
installed tube wells to access shallow aquifers. This was
done to provide an alternative to contaminated surface
water sources. However, at the time the wells were in-
stalled, arsenic was not recognized as a problem in water
supplies and standard water testing procedures did not in-
clude arsenic tests. Naturally occurring inorganic arsenic
contamination of water in those tube-wells was confirmed
in 1993 in the Nawabganj district in Bangladesh. The
health effects of ingesting arsenic-contaminated drinking
water appear slowly. This makes preventative measures,
including drawing arsenic out of the existing tube well and
finding alternate sources of water, critical to preventing
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future contamination in large numbers of the Bangladeshi
population. Health effects of exposure to arsenic in both
adults and children include skin lesions, skin cancer, and
mortality from internal cancers.
(b) SENSE OF CONGRESS.—The Secretary of State
should work with appropriate United States Government
agencies, national laboratories, universities in the United
States, the Government of Bangladesh, international fi-
nancial institutions and organizations, and international
donors to identify a long term solution to the arsenic-con-
taminated drinking water problem.
(c) REPORT TO CONGRESS.—The Secretary of State
should report to the Congress on proposals to bring about
arsenic-free drinking water to Bangladeshis and to facili-
tate treatment for those who have already been affected
by arsenic-contaminated drinking water in Bangladesh.
SEC. 736. SENSE OF CONGRESS RELATING TO DISPLAY OF
THE AMERICAN FLAG AT THE AMERICAN IN-
STITUTE IN TAIWAN.
It is the sense of the Congress that the chancery of
the American Institute in Taiwan and the residence of the
director of the American Institute in Taiwan should pub-
licly display the flag of the United States in the same man-
ner as United States embassies, consulates, and official
residences throughout the world.
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SEC. 737. SENSE OF CONGRESS REGARDING HUMAN
RIGHTS VIOLATIONS IN WEST PAPUA AND
ACEH, INCLUDING THE MURDER OF JAFAR
SIDDIQ 
HAMZAH, 
AND 
ESCALATING 
VIO-
LENCE 
IN 
MALUKU 
AND 
CENTRAL
KALIMANTAN.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Human rights violations by elements of the
Indonesian Government continue to worsen in West
Papua (Irian Jaya) and Aceh, while other areas in-
cluding 
the 
Moluccas 
(Maluku) 
and 
Central
Kalimantan have experienced outbreaks of violence
by militia forces and other organized groups.
(2) Seven West Papuans were shot dead by In-
donesian security forces following a flag-raising cere-
mony in the town of Merauke on December 2, 2000,
and in a separate incident four others were report-
edly killed by Indonesian security forces after a West
Papuan flag was raised in Tiom on December 18,
2000.
(3) Indonesian police have attacked peaceful
West Papuan civilians, including students in their
dormitories at Cenderawasih University on Decem-
ber 6, 2000. This attack resulted in the beating and
arrests of some 100 students as well as the deaths
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of three students, including one in police custody in
the capital city of Jayapura.
(4) To escape Indonesian security forces, hun-
dreds of peaceful West Papuans have sought safety
in refugee camps across the border in the neigh-
boring state of Papua New Guinea (PNG).
(5) The Indonesian armed forces have an-
nounced that they are initiating ‘‘limited military op-
erations’’ in Aceh, where the Exxon-Mobil gas com-
pany has suspended operations due to security con-
cerns.
(6) On September 7, 2000, the body of
Acehnese 
human 
rights 
lawyer 
Jafar 
Siddiq
Hamzah, who had been missing for a month, was
identified along with four other badly decomposed
bodies, whose faces were bashed in and whose hands
and feet were bound with barbed wire, in a forested
area outside of Medan, in North Sumatra.
(7) Hamzah, a permanent resident of the
United States who resided in Queens, New York,
was last seen alive on August 5, 2000, in Medan,
after which he failed to keep an appointment and his
family lost all contact with him.
(8) As the founder and director of the Inter-
national Forum on Aceh, which works for peace and
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human rights in Aceh, Hamzah was an important
voice of moderation and an internationally known
representative of his people who made irreplaceable
contributions to peace and respect for human rights
in his homeland.
(9) The Indonesian government has failed to re-
lease the results of Jafar Siddiq Hamzah’s autopsy
report, and the inaccessibility of the report has de-
layed the investigation which could lead to bringing
the murderers to justice.
(10) There is supporting documentation from
the United States Department of State and other re-
liable sources that Indonesian military and police
forces have committed widespread acts of torture,
rape, disappearance and extra-judicial executions
against West Papuan and Acehnese civilians.
(11) In Maluku, where Muslim and Christian
peoples lived in peace and respected with each other
for decades, thousands have been killed and tens of
thousands displaced during outbreaks of violence
over the past 3 years.
(12) Militia forces known as the Laskar Jihad
have arrived from Java and other islands outside
Maluku to inflame hatred and perpetrate violence
against Christians, and to create religious intoler-
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ance among the people of Maluku, and the Laskar
Jihad has been openly encouraged by some Indo-
nesian leaders including Amien Rais, Chair of the
People’s Consultative Assembly.
(13) Muslim and Christian leaders alike have
called for the arrest of militia leaders in Maluku and
asking for international assistance in ending this
devastating conflict.
(14) The most recent instance of widespread vi-
olence in Indonesia has broken out on the island of
Kalimantan (Borneo), in the province of Central
Kalimantan, where indigenous Dayaks brutally at-
tacked migrant Madurese, killing hundreds and
causing thousands of others to flee.
(15) The people of the island of Madura who
were resettled in Kalimantan under the auspices of
the Soeharto government’s transmigration program,
which served to strengthen the political control of
the regime, have become scapegoats for official gov-
ernment policy, while the Dayaks have suffered from
this policy and from official exploitation of the nat-
ural resources of their homeland.
(b) SENSE OF CONGRESS.—The Congress—
(1) expresses its deep concern over ongoing
human rights violations committed by Indonesian
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military and police forces against civilians in West
Papua and Aceh, as well as over violence by militias
and others in Maluku, Central Kalimantan, and else-
where in Indonesia;
(2) calls upon the United States Department of
State to publicly protest the reemergence of political
imprisonment in Indonesia and to take necessary
steps to release, immediately and unconditionally, all
political prisoners, including Rev. Obed Komba, Rev.
Yudas Meage, Yafet Yelemaken, Murjono Murib and
Amelia Yigibalom of West Papua, and Muhammad
Nazar of Aceh, all adopted by Amnesty International
as Prisoners of Conscience, and student demonstra-
tors Matius Rumbrapuk, Laon Wenda, Jenderal
Achmad Yani, Joseph Wenda and Hans Gobay of
West Papua;
(3) calls upon the Department of State to sup-
port and encourage the Government of Indonesia to
engage in peaceful dialogue with respected West
Papuan community leaders and other members of
West Papuan civil society, as prescribed by the 1999
Terms of Reference for the National Dialogue on
Irian Jaya, and to urge the Governor of West Papua
to create an environment conducive to the peaceful
repatriation of West Papuan refugees and ‘‘illegal
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border crossers’’ who now reside in Papua New
Guinea;
(4) calls upon the United States Government to
press the Government of Indonesia to permit access
to West Papua and Aceh, including the project areas
of the United States-owned Freeport mine and
Exxon-Mobil facilities, by independent human rights
and environmental monitors, including the United
Nations special rapporteurs on torture and extra-ju-
dicial execution, as well as by humanitarian non-
governmental organizations;
(5) calls upon the United States Government to
press for the withdrawal of nonorganic troops from
West Papua and Aceh, and an overall reduction of
force numbers in those areas, particularly along the
PNG border;
(6) calls upon the Government of Indonesia to
release the autopsy report of Jafar Siddiq Hamzah
immediately, to conduct a thorough, open, and
transparent investigation of the murder of Hamzah
and the four others with whom he was found, to
offer full access and support to independent inves-
tigators and forensics experts brought in to examine
these cases, and to ensure that the perpetrators of
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these atrocities are brought to justice through open
and fair trials;
(7) condemns the recent atrocities in Central
Kalimantan the failure of Indonesian police and
other security forces to intervene to stop these atroc-
ities, as well as the underlying social and economic
conditions caused by systematic transmigration pro-
grams, imported labor, and inequitable and destruc-
tive exploitation of local natural resources that have
worsened the poverty and discrimination which were
contributing factors in their commission;
(8) condemns comparable Indonesian Govern-
ment policies in Maluku and the failure of Indo-
nesian police and other security forces in and around
Ambon to halt sectarian violence, including the oper-
ations of the Laskar Jihad militia;
(9) calls upon the Government of Indonesia to
take decisive action to halt sectarian violence in
Maluku and to arrest those guilty of violence, includ-
ing Laskar Jihad militia leaders and armed forces
officers guilty of complicity in their operations
against civilians, and to make significant progress
towards rehabilitation and reestablishment of local
communities displaced by the violence and rebuild
the physical infrastructure of the communities;
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(10) calls upon the Department of State to sup-
port United Nations and other international delega-
tions and monitoring efforts by international and
nongovernmental agencies in West Papua, Aceh,
Maluku, Central Kalimantan, West Timor, and other
areas of Indonesia in order to deter further human
rights violations, and to encourage and support
international and nongovernmental agencies in ef-
forts to help the people of Indonesia rebuild and re-
habilitate communities torn by violence, particularly
by assisting in the return of internally displaced peo-
ples and in efforts at reconciliation within and
among communities;
(11) calls upon the Department of State to en-
sure that all appropriate information regarding cur-
rent conditions in the West Papua, Aceh, Maluku,
Kalimantan, and elsewhere in Indonesia is included
in the Annual Country Reports on Human Rights
Practices and the Annual Report on International
Religious Freedom;
(12) calls upon the Government of Indonesia to
devote official attention, in an atmosphere of open-
ness and transparency and oversight, to investiga-
tions into the numerous cases of disappearances,
extrajudicial killings, and other serious human rights
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violations in West Papua, Aceh, Maluku, Central
Kalimantan, elsewhere in Indonesia, and occupied
East Timor; and
(13) calls upon the United States Government
to continue to insist upon vigorous investigation into
all such violations, and upon trials according to
international standards for military and police offi-
cers, militia leaders, and others accused of such vio-
lations.
SEC. 738. SENSE OF CONGRESS SUPPORTING PROPERLY
CONDUCTED ELECTIONS IN KOSOVA DURING
2001.
(a) FINDINGS.—The Congress makes the following
findings:
(1) 
Former 
Yugoslav 
President 
Slobodan
Milosevic perpetrated a brutal campaign of ethnic
cleansing against the ethnic Albanian population of
Kosova, resulting in thousands of deaths and rapes
and the displacement of nearly 1 million people.
(2) Prior to the disintegration of the former
Yugoslavia, Kosova was a separate political and legal
entity with a separate and distinct financial sector,
police force, government, education system, judici-
ary, and health care system.
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(3) During that time, the people of Kosova suc-
cessfully administered the province.
(4) During the Milosevic era, Kosovar citizens
demonstrated again their ability to govern them-
selves by creating parallel governmental and social
institutions.
(5) Local elections held in Kosova in 2000 were
considered free and fair by international observers.
(6) United Nations Security Council Resolution
1244 authorizes the United Nations Mission in
Kosova to provide for transitional administration
while establishing and overseeing the development of
democratic and self-governing institutions, including
the holding of elections, to ensure conditions for a
peaceful and normal life for all inhabitants of
Kosova.
(7) The United Nations Mission in Kosova and
the Organization for Security and Cooperation in
Europe should ensure that the conditions for prop-
erly conducted elections in Kosova are in place prior
to the election.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that—
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(1) the United Nations Mission in Kosova
should hold properly conducted elections throughout
Kosova during the year 2001;
(2) the only way to maintain a true and lasting
peace in the region is through the creation of demo-
cratic Kosovar institutions with real governing au-
thority and responsibility, and Kosova-wide jurisdic-
tion;
(3) all persons, regardless of ethnicity, are en-
couraged to participate in elections throughout
Kosova; and
(4) the United States should work with the
United Nations Mission in Kosova and the Organi-
zation for Security and Cooperation in Europe to en-
sure that the transition to Kosovar self-government
under the terms and conditions of United Nations
Security Council Resolution 1244 proceeds peace-
fully, successfully, expeditiously, and in a spirit of
ethnic inclusiveness.
SEC. 739. SENSE OF CONGRESS RELATING TO POLICY RE-
VIEW OF RELATIONS WITH THE PEOPLE’S RE-
PUBLIC OF CHINA.
It is the sense of Congress that—
(1) the President of the United States and his
advisors should be commended for their success and
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the diplomatic skill with which they negotiated the
safe return of the 24 American crew members of the
United States Navy reconnaissance aircraft that
made an emergency landing on the Chinese island of
Hainan on April 1, 2001; and
(2) the United States Government should con-
duct a policy review of the nature of its relations
with the Government of the People’s Republic of
China in light of recent events.
SEC. 740. SENSE OF CONGRESS RELATING TO BROAD-
CASTING IN THE MACEDONIAN LANGUAGE BY
RADIO FREE EUROPE.
It is the sense of the Congress that the Broadcasting
Board of Governors should initiate surrogate broadcasting
by Radio Free Europe in the Macedonian language to
Macedonian-speaking areas of the Former Yugoslav Re-
public of Macedonia.
SEC. 741. SENSE OF CONGRESS RELATING TO MAGEN
DAVID ADOM SOCIETY.
(a) FINDINGS.—Congress finds the following:
(1) It is the mission of the International Red
Cross and Red Crescent Movement to prevent and
alleviate human suffering wherever it may be found,
without discrimination.
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(2) The International Red Cross and Red Cres-
cent Movement is a worldwide institution in which
all national Red Cross and Red Crescent societies
have equal status.
(3) The Magen David Adom Society is the na-
tional humanitarian society in the state of Israel.
(4) The Magen David Adom Society follows all
the principles of the International Red Cross and
Red Crescent Movement.
(5) Since the founding of the Magen David
Adom Society in 1930, the American Red Cross has
regarded it as a sister national society and close
working ties have been established between the two
societies.
(6) The Magen David Adom Society has used
the Red Shield of David as its humanitarian emblem
since its founding in 1930 for the same purposes
that other national Red Cross and Red Crescent so-
cieties use their respective emblems.
(7) Since 1949 Magen David Adom has been
refused admission into the International Red Cross
and Red Crescent Movement and has been relegated
to observer status without a vote because it has used
the Red Shield of David.
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(8) Magen David Adom is the only humani-
tarian organization equivalent to a national Red
Cross or Red Crescent society in a sovereign nation
that is denied membership into the International
Red Cross and Red Crescent Movement.
(9) The American Red Cross has consistently
advocated recognition and membership of the Magen
David Adom Society in the International Red Cross
and Red Crescent Movement.
(10) The House of Representatives adopted H.
Res. 464 on May 3, 2000, and the Senate adopted
S. Res. 343 on October 18, 2000, expressing the
sense of the House of Representatives and the sense
of the Senate, respectively, that the International
Red Cross and Red Crescent Movement should rec-
ognize and admit to full membership Israel’s Magen
David Adom Society with its emblem, the Red Shield
of David.
(11) The Secretary of State testified before the
Committee on the Budget of the Senate on March
14, 2001, and stated that admission of Magen David
Adom into the International Red Cross movement is
a priority.
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(12) The United States provided $119,230,000
for the International Committee of the Red Cross in
fiscal year 2000.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) the International Committee of the Red
Cross should immediately recognize the Magen
David Adom Society;
(2) the Federation of Red Cross and Red Cres-
cent Societies should grant full membership to the
Magen David Adom Society immediately following
recognition by the International Committee of the
Red Cross of the Magen David Adom Society as a
full member of the International Committee of the
Red Cross;
(3) the Red Shield of David should be accorded
the same protections under international law as the
Red Cross and the Red Crescent; and
(4) the United States should continue to press
for full membership for the Magen David Adom in
the International Red Cross Movement.
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SEC. 742. SENSE OF CONGRESS URGING THE RETURN OF
PORTRAITS PAINTED BY DINA BABBITT DUR-
ING HER INTERNMENT AT AUSCHWITZ THAT
ARE NOW IN THE POSSESSION OF THE
AUSCHWITZ-BIRKENAU STATE MUSEUM.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Dina Babbitt (formerly known as Dinah
Gottliebova), a United States citizen now in her late
70’s, has requested the return of watercolor por-
traits she painted while suffering a year-and-a-half-
long internment at the Auschwitz death camp during
World War II.
(2) Dina Babbitt was ordered to paint the por-
traits by the infamous war criminal Dr. Josef
Mengele.
(3) Dina Babbitt’s life, and her mother’s life,
were spared only because she painted portraits of
doomed inmates of Auschwitz-Birkenau, under or-
ders from Dr. Josef Mengele.
(4) These paintings are currently in the posses-
sion of the Auschwitz-Birkenau State Museum.
(5) Dina Babbitt is unquestionably the rightful
owner of the artwork, since the paintings were pro-
duced by her own talented hands as she endured the
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unspeakable conditions that existed at the Auschwitz
death camp.
(6) The artwork is not available for the public
to view at the Auschwitz-Birkenau State Museum
and therefore this unique and important body of
work is essentially lost to history.
(7) This continued injustice can be righted
through cooperation between agencies of the United
States and Poland.
(b) SENSE OF CONGRESS.—The Congress—
(1) recognizes the moral right of Dina Babbitt
to obtain the artwork she created, and recognizes
her courage in the face of the evils perpetrated by
the Nazi command of the Auschwitz-Birkenau death
camp, including the atrocities committed by Dr.
Josef Mengele;
(2) urges the President to make all efforts nec-
essary to retrieve the seven watercolor portraits
Dina Babbitt painted, while suffering a year-and-a-
half-long internment at the Auschwitz death camp,
and return them to her;
(3) urges the Secretary of State to make imme-
diate diplomatic efforts to facilitate the transfer of
the seven original watercolors painted by Dina Bab-
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bitt from the Auschwitz-Birkenau State Museum to
Dina Babbitt, their rightful owner;
(4) urges the Government of Poland to imme-
diately facilitate the return to Dina Babbitt of the
artwork painted by her that is now in the possession
of the Auschwitz-Birkenau State Museum; and
(5) urges the officials of the Auschwitz-
Birkenau State Museum to transfer the seven origi-
nal paintings to Dina Babbitt as expeditiously as
possible.
SEC. 743. SENSE OF CONGRESS REGARDING VIETNAMESE
REFUGEE FAMILIES.
It is the sense of the Congress that Vietnamese refu-
gees who served substantial sentences in re-education
camps due to their wartime associations with the United
States and who, subsequently, were resettled in the United
States should be permitted to include their unmarried sons
and daughters as family members for purposes of such
resettlement.
SEC. 744. SENSE OF CONGRESS RELATING TO MEMBERSHIP
OF THE UNITED STATES IN UNESCO.
(a) FINDINGS.—The Congress makes the following
findings:
(1) The United Nations Educational, Scientific,
and Cultural Organization (UNESCO) was created