IB
Union Calendar No. 34
107TH CONGRESS
1ST SESSION
H. R. 1646
[Report No. 107–57]
To authorize appropriations for the Department of State for fiscal years
2002 and 2003, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 27, 2001
Mr. HYDE (for himself and Mr. LANTOS) introduced the following bill; which
was referred to the Committee on International Relations
MAY 4, 2001
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 27, 2001]
A BILL
To authorize appropriations for the Department of State
for fiscal years 2002 and 2003, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Foreign Relations Au-
thorization Act, Fiscal Years 2002 and 2003’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I—AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A—Department of State
Sec. 101. Administration of foreign affairs.
Sec. 102. International commissions.
Sec. 103. United States educational and cultural programs.
Sec. 104. Contributions to international organizations.
Sec. 105. Contributions for international peacekeeping activities.
Sec. 106. Grants to the Asia Foundation.
Sec. 107. Voluntary contributions to international organizations.
Sec. 108. Migration and refugee assistance.
Subtitle B—United States International Broadcasting Activities
Sec. 121. Authorizations of appropriations.
Subtitle C—Global Democracy Promotion Act of 2001
Sec. 131. Short title.
Sec. 132. Findings.
Sec. 133. Assistance for foreign nongovernmental organizations under part I of
the Foreign Assistance Act of 1961.
TITLE II—AUTHORITIES AND ACTIVITIES OF THE DEPARTMENT OF
STATE
Subtitle A—Basic Authorities and Activities
Sec. 201. Continuation of reporting requirements.
Sec. 202. Continuation of other reports.
Sec. 203. Royal Ulster Constabulary training.
Sec. 204. Report concerning elimination of Colombian opium.
Sec. 205. Repeal of provision regarding housing for foreign agricultural attache.
Sec. 206. Human rights monitoring.
Sec. 207. Correction of Fishermen’s Protective Act of 1967.
Sec. 208. International litigation fund.
Sec. 209. Emergency evacuation services.
Sec. 210. Implementation of the Intercountry Adoption Act of 2000.
Sec. 211. Report concerning the effect of Plan Colombia on Ecuador.
Sec. 212. Report concerning efforts to promote Israel’s diplomatic relations with
other countries.
Sec. 213. Reports on activities in the Republic of Colombia.
Subtitle B—Consular Authorities
Sec. 231. Machine readable visas.
Sec. 232. Establishment of a consular branch office in Lhasa, Tibet.
Sec. 233. Establishment of a diplomatic or consular post in Equatorial Guinea.
Sec. 234. Processing of visa applications.
Sec. 235. United States policy with respect to Jerusalem as the capital of Israel.
Sec. 236. Denial of visas to supporters of Colombian illegal armed groups.
Subtitle C—Migration and Refugees
Sec. 251. United States policy regarding the involuntary return of refugees.
Sec. 252. Report on overseas refugee processing.
TITLE III—ORGANIZATION AND PERSONNEL OF THE DEPARTMENT
OF STATE
Subtitle A—Organizational Matters
Sec. 301. Comprehensive workforce plan.
Sec. 302. ‘‘Rightsizing’’ overseas posts.
Sec. 303. Qualifications of certain officers of the Department of State.
Sec. 304. United States Special Coordinator for Tibetan Issues.
Sec. 305. United States Special Envoy for Sudan Issues.
Subtitle B—Personnel Matters
Sec. 331. Report concerning retired members of the Foreign Service and Civil
Service who are registered agents of a government of a foreign
country.
Sec. 332. Tibetan language training.
Sec. 333. Dependents on family visitation travel.
Sec. 334. Thomas Jefferson Star.
Sec. 335. Health education and disease prevention programs.
Sec. 336. Training authorities.
Sec. 337. Foreign national retirement plans.
Sec. 338. Presidential rank awards.
Sec. 339. Emergency medical advance payments.
Sec. 340. Unaccompanied air baggage.
Sec. 341. Special agent authorities.
Sec. 342. Report concerning minority employment.
Sec. 343. Use of funds authorized for minority recruitment.
TITLE IV—UNITED STATES EDUCATIONAL AND CULTURAL
PROGRAMS OF THE DEPARTMENT OF STATE
Sec. 401. Extension of requirement for scholarships for Tibetans and Burmese.
Sec. 402. Nonprofit entities for cultural programs.
Sec. 403. Fulbright-Hays authorities.
Sec. 404. Ethical issues in international health research.
TITLE V—UNITED STATES INTERNATIONAL BROADCASTING
ACTIVITIES
Sec. 501. Eliminating staff positions for the Advisory Board for Cuba Broad-
casting.
Sec. 502. Reports on broadcasting personnel.
Sec. 503. Personal services contracting pilot program.
Sec. 504. Pay parity for senior executives of Radio Free Europe and Radio Lib-
erty.
Sec. 505. Repeal of ban on United States transmitter in Kuwait.
TITLE VI—INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
Sec. 601. United Nations arrears payments and reform.
Sec. 602. Travel by advisory committee members to Great Lakes Fishery Commis-
sion annual meeting.
Sec. 603. United States policy on composition of the United Nations Human
Rights Commission.
Sec. 604. United States membership in the International Organization for Migra-
tion.
Sec. 605. Report relating to Commission on Security and Cooperation in Europe.
Sec. 606. Reports to Congress on United Nations activities.
TITLE VII—MISCELLANEOUS PROVISIONS
Subtitle A—General Provisions
Sec. 701. Amendments to the Iran Nonproliferation Act of 2000.
Sec. 702. Amendments to the North Korea Threat Reduction Act of 1999.
Sec. 703. Amendments to the International Religious Freedom Act of 1998.
Sec. 704. Continuation of United States Advisory Commission on Public Diplo-
macy.
Sec. 705. Participation of South Asia countries in international law enforcment.
Subtitle B—Sense of Congress Provisions
Sec. 731. Sense of Congress relating to HIV/AIDs and United Nations peace-
keeping operations.
Sec. 732. Sense of Congress relating to HIV/AIDS task force.
Sec. 733. Sense of Congress condemning the destruction of pre-Islamic statues in
Afghanistan by the Taliban regime.
Sec. 734. Sense of Congress relating to resolution of the Taiwan Strait issue.
Sec. 735. Sense of Congress relating to arsenic contamination in drinking water
in Bangladesh.
Sec. 736. Sense of Congress relating to display of the American flag at the Amer-
ican Institute in Taiwan.
Sec. 737. Sense of Congress regarding human rights violations in West Papua
and Aceh, including the murder of Jafar Siddiq Hamzah, and
escalating violence in Maluku and Central Kalimantan.
Sec. 738. Sense of Congress supporting properly conducted elections in Kosova
during 2001.
Sec. 739. Sense of Congress relating to policy review of relations with the People’s
Republic of China.
Sec. 740. Sense of Congress relating to broadcasting in the Macedonian language
by Radio Free Europe.
Sec. 741. Sense of Congress relating to Magen David Adom Society.
Sec. 742. Sense of Congress urging the return of portraits painted by Dina Bab-
bitt during her internment at Auschwitz that are now in the
possession of the Auschwitz-Birkenau State Museum.
Sec. 743. Sense of Congress regarding Vietnamese refugee families.
Sec. 744. Sense of Congress relating to membership of the United States in
UNESCO.
Sec. 745. Sense of Congress relating to global warming.
Sec. 746. Sense of Congress regarding the ban on Sinn Fein ministers from the
North-South Ministerial Council in Northern Ireland.
TITLE VIII—SECURITY ASSISTANCE
Sec. 801. Short title.
Subtitle A—Military and Related Assistance
CHAPTER 1—FOREIGN MILITARY SALES AND RELATED AUTHORITIES
Sec. 811. Quarterly report on price and availability estimates.
Sec. 812. Official reception and representation expenses.
Sec. 813. Treatment of Taiwan relating to transfers of defense articles and serv-
ices.
Sec. 814. United States policy with regard to Taiwan.
CHAPTER 2—EXCESS DEFENSE ARTICLE AND DRAWDOWN AUTHORITIES
Sec. 821. Excess defense articles for certain European and other countries.
Sec. 822. Leases of defense articles for foreign countries and international organi-
zations.
Sec. 823. Priority with respect to transfer of excess defense articles.
CHAPTER 3—NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
Sec. 831. International counterproliferation education and training.
Sec. 832. Annual report on the proliferation of missiles and essential components
of nuclear, biological, and chemical weapons.
Sec. 833. Five-year international arms control and nonproliferation strategy.
Subtitle B—Strengthening the Munitions Licensing Process
Sec. 841. License officer staffing.
Sec. 842. Funding for database automation.
Sec. 843. Information management priorities.
Sec. 844. Improvements to the automated export system.
Sec. 845. Congressional notification of removal of items from the munitions list.
Sec. 846. Congressional notification thresholds for allied countries.
Subtitle C—Authority to Transfer Naval Vessels
Sec. 851. Authority to transfer naval vessels to certain foreign countries.
Subtitle D—Miscellaneous Provisions
Sec. 861. Annual foreign military training reports.
Sec. 862. Report relating to international arms sales code of conduct.
SEC. 3. DEFINITIONS.
In this Act:
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means the Committee on International Relations
of the House of Representatives and the Committee
on Foreign Relations of the Senate.
(2) DEPARTMENT.—The term ‘‘Department’’
means the Department of State.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of State.
TITLE I—AUTHORIZATIONS OF
APPROPRIATIONS
Subtitle A—Department of State
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appro-
priated for the Department of State under ‘‘Administration
of Foreign Affairs’’ to carry out the authorities, functions,
duties, and responsibilities in the conduct of the foreign af-
fairs of the United States and for other purposes authorized
by law, including public diplomacy activities and the diplo-
matic security program:
(1) DIPLOMATIC AND CONSULAR PROGRAMS.—
(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—For ‘‘Diplomatic and Consular Pro-
grams’’ 
of 
the 
Department 
of 
State,
$3,705,140,000 for the fiscal year 2002 and such
sums as may be necessary for the fiscal year
2003.
(B) LIMITATIONS.—
(i) 
WORLDWIDE
SECURITY
UP-
GRADES.—Of the amounts authorized to be
appropriated 
by 
subparagraph 
(A),
$487,735,000 for the fiscal year 2002 and
such sums as may be necessary for the fiscal
year 2003 are authorized to be appropriated
only for worldwide security upgrades.
(ii) BUREAU OF DEMOCRACY, HUMAN
RIGHTS, AND LABOR.—Of the amounts au-
thorized to be appropriated by subpara-
graph (A), $16,000,000 for the fiscal year
2002 and $20,000,000 for the fiscal year
2003 are authorized to be appropriated only
for salaries and expenses of the Bureau of
Democracy, Human Rights, and Labor.
(iii) 
RECRUITMENT
OF
MINORITY
GROUPS.—Of the amounts authorized to be
appropriated 
by 
subparagraph 
(A),
$2,000,000 for the fiscal year 2002 and
$2,000,000 for the fiscal year 2003 are au-
thorized to be appropriated only for the re-
cruitment of members of minority groups
for careers in the Foreign Service and inter-
national affairs.
(iv) MOBILE
LIBRARY
FOR
UNITED
STATES INTERESTS SECTION IN CUBA.—Of
the amounts authorized to be appropriated
by subparagraph (A), $70,000 for the fiscal
year 2002 and $70,000 for the fiscal year
2003 are authorized to be appropriated only
for the establishment and operation of a mo-
bile library at the United States Interests
Section in Cuba primarily for use by dis-
sidents and democracy activists in Cuba.
(2) CAPITAL INVESTMENT FUND.—For ‘‘Capital
Investment Fund’’ of the Department of State,
$210,000,000 for the fiscal year 2002 and such sums
as may be necessary for the fiscal year 2003.
(3) EMBASSY
SECURITY, CONSTRUCTION
AND
MAINTENANCE.—In addition to amounts otherwise
authorized to be appropriated for ‘‘Embassy Security,
Construction and Maintenance’’ by section 604 of the
Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and
2001 (section 604 of division A of H.R. 3427, as en-
acted into law by section 1000(a)(7) of Public Law
106–113; appendix G; 113 Stat. 1501A–470), there
are authorized to be appropriated for ‘‘Embassy Secu-
rity, Construction and Maintenance’’, $475,046,000
for the fiscal year 2002 and such sums as may be nec-
essary for the fiscal year 2003.
(4) REPRESENTATION ALLOWANCES.—For ‘‘Rep-
resentation Allowances’’, $9,000,000 for the fiscal year
2002 and $9,000,000 for the fiscal year 2003.
(5) EMERGENCIES IN THE DIPLOMATIC AND CON-
SULAR
SERVICE.—For ‘‘Emergencies in the Diplo-
matic and Consular Service’’, $15,500,000 for the fis-
cal year 2002 and $15,500,000 for the fiscal year
2003.
(6) OFFICE OF THE INSPECTOR GENERAL.—For
‘‘Office of the Inspector General’’, $29,264,000 for the
fiscal year 2002 and such sums as may be necessary
for the fiscal year 2003.
(7) PAYMENT TO THE AMERICAN INSTITUTE IN
TAIWAN.—For ‘‘Payment to the American Institute in
Taiwan’’, $17,044,000 for the fiscal year 2002 and
such sums as may be necessary for the fiscal year
2003.
(8) PROTECTION OF FOREIGN MISSIONS AND OF-
FICIALS.—
(A) AMOUNTS AUTHORIZED TO BE APPRO-
PRIATED.—For ‘‘Protection of Foreign Missions
and Officials’’, $10,000,000 for the fiscal year
2002 and $10,000,000 for the fiscal year 2003.
(B) 
AVAILABILITY
OF
FUNDS.—Each
amount appropriated pursuant to this para-
graph is authorized to remain available through
September 30 of the fiscal year following the fis-
cal year for which the amount was appropriated.
(9) REPATRIATION
LOANS.—For ‘‘Repatriation
Loans’’, $1,219,000 for the fiscal year 2002 and
$1,219,000 for the fiscal year 2003, for administrative
expenses.
SEC. 102. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appro-
priated under ‘‘International Commissions’’ for the Depart-
ment of State to carry out the authorities, functions, duties,
and responsibilities in the conduct of the foreign affairs of
the United States and for other purposes authorized by law:
(1) INTERNATIONAL BOUNDARY AND WATER COM-
MISSION, UNITED STATES AND MEXICO.—For ‘‘Inter-
national Boundary and Water Commission, United
States and Mexico’’—
(A) 
for 
‘‘Salaries 
and 
Expenses’’,
$7,452,000 for the fiscal year 2002 and such
sums as may be necessary for the fiscal year
2003; and
(B) for ‘‘Construction’’, $25,654,000 for the
fiscal year 2002 and such sums as may be nec-
essary for the fiscal year 2003.
(2) INTERNATIONAL
BOUNDARY
COMMISSION,
UNITED
STATES
AND
CANADA.—For ‘‘International
Boundary Commission, United States and Canada’’,
$989,000 for the fiscal year 2002 and such sums as
may be necessary for the fiscal year 2003.
(3) INTERNATIONAL
JOINT
COMMISSION.—For
‘‘International Joint Commission’’, $7,282,000 for the
fiscal year 2002 and such sums as may be necessary
for the fiscal year 2003.
(4) INTERNATIONAL FISHERIES COMMISSIONS.—
For 
‘‘International 
Fisheries 
Commissions’’,
$19,780,000 for the fiscal year 2002 and such sums
as may be necessary for the fiscal year 2003.
SEC. 103. UNITED STATES EDUCATIONAL AND CULTURAL
PROGRAMS.
The following amounts are authorized to be appro-
priated for the Department of State to carry out inter-
national activities and educational and cultural exchange
programs under the United States Information and Edu-
cational Exchange Act of 1948, the Mutual Educational
and Cultural Exchange Act of 1961, Reorganization Plan
Number 2 of 1977, the Center for Cultural and Technical
Interchange Between East and West Act of 1960, the Dante
B. Fascell North-South Center Act of 1991, and the Na-
tional Endowment for Democracy Act, and to carry out
other authorities in law consistent with such purposes:
(1) EDUCATIONAL
AND
CULTURAL
EXCHANGE
PROGRAMS.—
(A) FULBRIGHT ACADEMIC EXCHANGE PRO-
GRAMS.—
(i) IN GENERAL.—For the ‘‘Fulbright
Academic Exchange Programs’’ (other than
programs described in subparagraph (B)),
$125,000,000 for the fiscal year 2002 and
such sums as may be necessary for the fiscal
year 2003.
(ii) NEW CENTURY SCHOLARS INITIA-
TIVE—HIV/AIDS.—Of the amounts author-
ized to be appropriated under clause (i), up
to $1,000,000 for the fiscal year 2002 and
up to $1,000,000 for the fiscal year 2003
are authorized to be available only for HIV/
AIDS research and mitigation strategies
under the Health Issues in a Border-Less
World academic program of the New Cen-
tury Scholars Initiative.
(iii) TIBETAN
EXCHANGES.—Of the
amounts authorized to be appropriated
under clause (i), $500,000 for the fiscal
year 2002 and $500,000 for the fiscal year
2003 are authorized to be available for
‘‘Ngawang Choephel Exchange Programs’’
(formerly known as educational and cul-
tural exchanges with Tibet) under section
103(a) of the Human Rights, Refugee, and
Other Foreign Relations Provisions Act of
1996 (Public Law 104–319).
(B) OTHER EDUCATIONAL AND CULTURAL
EXCHANGE PROGRAMS.—
(i) IN
GENERAL.—For other edu-
cational and cultural exchange programs
authorized by law, $117,000,000 for the fis-
cal year 2002 and such sums as may be
necessary for the fiscal year 2003.
(ii) SOUTH PACIFIC EXCHANGES.—Of
the amounts authorized to be appropriated
under clause (i), $750,000 for the fiscal
year 2002 and $750,000 for the fiscal year
2003 are authorized to be available for
‘‘South Pacific Exchanges’’.
(iii) 
EAST
TIMORESE
SCHOLAR-
SHIPS.—Of the amounts authorized to be
appropriated under clause (i), $500,000 for
the fiscal year 2002 and $500,000 for the
fiscal year 2003 are authorized to be avail-
able for ‘‘East Timorese Scholarships’’.
(iv) AFRICAN
EXCHANGES.—Of the
amounts authorized to be appropriated
under clause (i), $500,000 for the fiscal
year 2002 and $500,000 for the fiscal year
2003 are authorized to be available only for
‘‘Educational and Cultural Exchanges with
Sub-Saharan Africa’’.
(v) ISRAEL-ARAB
PEACE
PARTNERS
PROGRAM.—Of the amounts authorized to be
appropriated under clause (i), $750,000 for
the fiscal year 2002 and $750,000 for the
fiscal year 2003 are authorized to be avail-
able only for people-to-people activities
(with a focus on young people) to support
the Middle East peace process involving
participants from Israel, the Palestinian
Authority, Arab countries, and the United
States, to be known as the ‘‘Israel-Arab
Peace Partners Program’’.
(vi) SUDANESE
SCHOLARSHIPS.—Of
the amounts authorized to be appropriated
under clause (i), $500,000 for the fiscal
year 2002 and $500,000 for the fiscal year
2003 are authorized to be available only for
scholarships for students from southern
Sudan for secondary or postsecondary edu-
cation in the United States, to be known as
‘‘Sudanese Scholarships’’.
(2) NATIONAL ENDOWMENT FOR DEMOCRACY.—
For the ‘‘National Endowment for Democracy’’,
$36,000,000 for the fiscal year 2002 and $40,000,000
for the fiscal year 2003.
(3) REAGAN-FASCELL
DEMOCRACY
FELLOWS.—
For a fellowship program, to be known as the
‘‘Reagan-Fascell Democracy Fellows’’, for democracy
activists and scholars from around the world at the
International Forum for Democratic Studies in
Washington, D.C., to study, write, and exchange
views with other activists and scholars and with
Americans, $1,000,000 for the fiscal year 2002 and
$1,000,000 for the fiscal year 2003.
(4) DANTE
B. FASCELL
NORTH-SOUTH
CEN-
TER.—For ‘‘Dante B. Fascell North-South Center’’
$4,000,000 for the fiscal year 2002 and $4,000,000
for the fiscal year 2003.
(5) CENTER
FOR
CULTURAL
AND
TECHNICAL
INTERCHANGE BETWEEN EAST AND WEST.—For the
‘‘Center for Cultural and Technical Interchange be-
tween East and West’’, $13,500,000 for the fiscal year
2002 and $13,500,000 for the fiscal year 2003.
SEC. 104. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA-
TIONS.
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be ap-
propriated under the heading ‘‘Contributions to Inter-
national Organizations’’ $944,067,000 for the fiscal
year 2002 and such sums as may be necessary for the
fiscal year 2003 for the Department of State to carry
out the authorities, functions, duties, and responsibil-
ities in the conduct of the foreign affairs of the United
States with respect to international organizations and
to carry out other authorities in law consistent with
such purposes.
(2) UNESCO.—
(A) Of the amounts authorized to be
appropriated 
under 
paragraph 
(1),
$59,800,000 for the fiscal year 2002 and
$59,800,000 for the fiscal year 2003 is au-
thorized to be appropriated only for pay-
ment of assessed contributions of the United
States to the United Nations Educational,
Scientific 
and 
Cultural 
Organization
(UNESCO).
(B) Of the amounts authorized to be
appropriated under paragraph (1) for the
fiscal year 2002, $5,500,000 is authorized to
be appropriated only for payments to the
UNESCO Working Capital Fund.
(b) AVAILABILITY OF FUNDS FOR CIVIL BUDGET OF
NATO.—Of the amounts authorized to be appropriated
under the heading ‘‘Contributions to International Organi-
zations’’ for fiscal year 2002 and for each fiscal year there-
after such sums as may be necessary are authorized for the
United States assessment for the civil budget of the North
Atlantic Treaty Organization.
(c) PROHIBITION ON FUNDING OTHER FRAMEWORK
TREATY-BASED ORGANIZATIONS.—None of the funds made
available for the 2002–2003 biennium budget under sub-
section (a) for United States contributions to the regular
budget of the United Nations shall be available for the
United States proportionate share of any other framework
treaty-based organization, including the Framework Con-
vention on Global Climate Change, the International Sea-
bed Authority, and the International Criminal Court.
(d) FOREIGN CURRENCY EXCHANGE RATES.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—In
addition to amounts authorized to be appropriated by
subsection (a), there are authorized to be appropriated
such sums as may be necessary for each of fiscal years
2002 and 2003 to offset adverse fluctuations in for-
eign currency exchange rates.
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated under this subsection shall be available for ob-
ligation and expenditure only to the extent that the
Director of the Office of Management and Budget de-
termines and certifies to Congress that such amounts
are necessary due to such fluctuations.
(e) REFUND
OF
EXCESS
CONTRIBUTIONS.—The
United States shall continue to insist that the United Na-
tions and its specialized and affiliated agencies shall credit
or refund to each member of the agency concerned its pro-
portionate share of the amount by which the total contribu-
tions to the agency exceed the expenditures of the regular
assessed budgets of these agencies.
to hold hemispheric conferences, of which $6,000 for
each fiscal year is authorized to be appropriated only
for the investigation and dissemination of informa-
tion on violations of freedom of expression by the Gov-
ernment of Cuba, $6,000 for each fiscal year is au-
thorized to be appropriated only for the investigation
and dissemination of information on violations of
freedom of expression by the Government of Peru,
$6,000 for each fiscal year is authorized to be appro-
priated only for the investigation and dissemination
of information on violations of freedom of expression
by the Government of Colombia, and $6,000 for each
fiscal year is authorized to be appropriated only for
the investigation and dissemination of information on
violations of freedom of expression by the Government
of Haiti.
(c) RESTRICTIONS ON UNITED STATES VOLUNTARY
CONTRIBUTIONS TO UNITED NATIONS DEVELOPMENT PRO-
GRAM.—
(1) LIMITATION.—Of the amounts made avail-
able under subsection (a) for each of the fiscal years
2002 and 2003 for United States voluntary contribu-
tions to the United Nations Development Program an
amount equal to the amount the United Nations De-
velopment Program will spend in Burma during each
fiscal year shall be withheld unless during such fiscal
year the Secretary of State submits to the appropriate
congressional committees the certification described in
paragraph (2).
(2) CERTIFICATION.—The certification referred
to in paragraph (1) is a certification by the Secretary
of State that all programs and activities of the
United Nations Development Program (including
United Nations Development Program—Administered
Funds) in Burma—
(A) are focused on eliminating human suf-
fering and addressing the needs of the poor;
(B) are undertaken only through inter-
national or private voluntary organizations that
have been deemed independent of the State Peace
and Development Council (SPDC) (formerly
known as the State Law and Order Restoration
Council (SLORC)), after consultation with the
leadership of the National League for Democracy
and the leadership of the National Coalition
Government of the Union of Burma;
(C) provide no financial, political, or mili-
tary benefit to the SPDC; and
(D) are carried out only after consultation
with the leadership of the National League for
Democracy and the leadership of the National
Coalition Government of the Union of Burma.
(d) UNICEF.—There is authorized to be appropriated
$120,000,000 for the fiscal year 2002 for a United States
voluntary contribution to UNICEF.
(e) ORGANIZATIONS AND PROGRAMS THAT SUPPORT
COERCIVE ABORTION OR INVOLUNTARY STERILIZATION.—
None of the funds authorized to be appropriated by this Act
may be made available to any organization or program
which, as determined by the President of the United States,
supports, or participates in the management of, a program
of coercive abortion or involuntary sterilization.
(f) AVAILABILITY OF FUNDS.—Amounts authorized to
be appropriated under subsection (a) are authorized to re-
main available until expended.
SEC. 108. MIGRATION AND REFUGEE ASSISTANCE.
(a) MIGRATION AND REFUGEE ASSISTANCE.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated for the De-
partment of State for ‘‘Migration and Refugee Assist-
ance’’ for authorized activities, $817,000,000 for the
fiscal year 2002 and $817,000,000 for the fiscal year
2003.
(2) LIMITATIONS.—
(A) TIBETAN
REFUGEES
IN
INDIA
AND
NEPAL.—Of the amounts authorized to be appro-
priated in paragraph (1), $2,000,000 for the fis-
cal year 2002 and $2,000,000 for the fiscal year
2003 are authorized to be available for humani-
tarian assistance, including food, medicine,
clothing, and medical and vocational training,
to Tibetan refugees in India and Nepal who have
fled Chinese-occupied Tibet.
(B) REFUGEES RESETTLING IN ISRAEL.—Of
the amounts authorized to be appropriated in
paragraph (1), $60,000,000 for the fiscal year
2002 and $60,000,000 for the fiscal year 2003
are authorized to be available only for assistance
for refugees resettling in Israel from other coun-
tries.
(C) HUMANITARIAN ASSISTANCE FOR DIS-
PLACED BURMESE.—Of the amounts authorized
to be appropriated in paragraph (1), $2,000,000
for the fiscal year 2002 and $2,000,000 for the
fiscal year 2003 are authorized to be available
for humanitarian assistance (including food,
medicine, clothing, and medical and vocational
training) to persons displaced as a result of civil
conflict in Burma, including persons still within
Burma.
(b) AVAILABILITY OF FUNDS.—Funds appropriated
pursuant to this section are authorized to remain available
until expended.
Subtitle B—United States Inter-
national Broadcasting Activities
SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.
(a) IN GENERAL.—The following amounts are author-
ized to be appropriated to carry out the United States
International Broadcasting Act of 1994, the Radio Broad-
casting to Cuba Act, and the Television Broadcasting to
Cuba Act, and to carry out other authorities in law con-
sistent with such purposes:
(1) 
INTERNATIONAL
BROADCASTING
OPER-
ATIONS.—
(A) 
IN
GENERAL.—For 
‘‘International
Broadcasting Operations’’, $428,234,000 for the
fiscal year 2002, and such sums as may be nec-
essary for the fiscal year 2003.
(B) LIMITATIONS.—
(i) 
TRANSMISSION
FACILITIES
IN
BELIZE.—Of the amounts authorized to be
appropriated 
under 
subparagraph 
(A),
$750,000 for the fiscal year 2002 is author-
(c) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS
FOR MIDDLE EAST RADIO NETWORK OF VOICE OF AMER-
ICA.—In addition to such amounts as are made available
for the Middle East Radio Network of Voice of America pur-
suant to the authorization of appropriations under sub-
section (a), there is authorized to be appropriated
$15,000,000 for the fiscal year 2002 for the Middle East
Radio Network of Voice of America.
Subtitle C—Global Democracy
Promotion Act of 2001
SEC. 131. SHORT TITLE.
This title may be cited as the ‘‘Global Democracy Pro-
motion Act of 2001’’.
SEC. 132. FINDINGS.
The Congress finds the following:
(1) It is a fundamental principle of American
medical ethics and practice that health care providers
should, at all times, deal honestly and openly with
patients. Any attempt to subvert the private and sen-
sitive physician-patient relationship would be intoler-
able in the United States and is an unjustifiable in-
trusion into the practices of health care providers
when attempted in other countries.
(2) Freedom of speech is a fundamental Amer-
ican value. The ability to exercise the right to free
speech, which includes the ‘‘right of the people peace-
ably to assemble, and to petition the government for
a redress of grievances’’ is essential to a thriving de-
mocracy and is protected under the United States
Constitution.
(3) The promotion of democracy is a principal
goal of United States foreign policy and critical to
achieving sustainable development. It is enhanced
through the encouragement of democratic institutions
and the promotion of an independent and politically
active civil society in developing countries.
(4) Limiting eligibility for United States devel-
opment and humanitarian assistance upon the will-
ingness of a foreign nongovernmental organization to
forgo its right to use its own funds to address, within
the democratic process, a particular issue affecting the
citizens of its own country directly undermines a key
goal of United States foreign policy and would violate
the United States Constitution if applied to United
States-based organizations.
(5) Similarly, limiting the eligibility for United
States assistance on a foreign nongovernmental orga-
nization’s willingness to forgo its right to provide,
with its own funds, medical services that are legal in
its own country and would be legal if provided in the
United States constitutes unjustifiable interference
with the ability of independent organizations to serve
the critical health needs of their fellow citizens and
demonstrates a disregard and disrespect for the laws
of sovereign nations as well as for the laws of the
United States.
SEC. 133. ASSISTANCE FOR FOREIGN NONGOVERNMENTAL
ORGANIZATIONS UNDER PART I OF THE FOR-
EIGN ASSISTANCE ACT OF 1961.
Notwithstanding any other provision of law, regula-
tion, or policy, in determining eligibility for assistance au-
thorized under part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.), foreign nongovernmental
organizations—
(1) shall not be ineligible for such assistance sole-
ly on the basis of health or medical services including
counseling and referral services, provided by such or-
ganizations with non-United States Government
funds if such services do not violate the laws of the
country in which they are being provided and would
not violate United States Federal law if provided in
the United States; and
(2) shall not be subject to requirements relating
to the use of non-United States Government funds for
advocacy and lobbying activities other than those that
apply to United States nongovernmental organiza-
tions receiving assistance under part I of such Act.
TITLE II—AUTHORITIES AND AC-
TIVITIES 
OF 
THE 
DEPART-
MENT OF STATE
Subtitle A—Basic Authorities and
Activities
SEC. 201. CONTINUATION OF REPORTING REQUIREMENTS.
(a) REPORTS ON CLAIMS BY UNITED STATES FIRMS
AGAINST THE GOVERNMENT OF SAUDI ARABIA.—Section
2801(b)(1) of the Foreign Affairs Reform and Restructuring
Act of 1998 (as enacted by division G of the Omnibus Con-
solidated and Emergency Supplemental Appropriations
Act, 1999; Public Law 105–277) is amended by striking
‘‘seventh’’ and inserting ‘‘eleventh’’.
(b) REPORTS ON DETERMINATIONS UNDER TITLE IV
OF THE LIBERTAD ACT.—Section 2802(a) of the Foreign
Affairs Reform and Restructuring Act of 1998 (as enacted
by division G of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999; Public Law 105–
277) is amended by striking ‘‘September 30, 2001,’’ and
inserting ‘‘September 30, 2003,’’.
(c) RELATIONS WITH VIETNAM.—Section 2805 of the
Foreign Affairs Reform and Restructuring Act of 1998 (as
enacted by division G of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999; Public
Law 105–277) is amended by striking ‘‘September 30,
2001,’’ and inserting ‘‘September 30, 2003,’’.
(d) REPORTS ON BALLISTIC MISSILE COOPERATION
WITH RUSSIA.—Section 2705(d) of the Foreign Affairs Re-
form and Restructuring Act of 1998 (as enacted by division
G of the Omnibus Consolidated and Emergency Supple-
mental Appropriations Act, 1999; Public Law 105–277) is
amended by striking ‘‘and January 1, 2001,’’ and inserting
‘‘January 1, 2001, January 1, 2002, and January 1,
2003’’.
SEC. 202. CONTINUATION OF OTHER REPORTS.
(a) SEMIANNUAL REPORTS ON UNITED STATES SUP-
PORT FOR MEMBERSHIP OR PARTICIPATION OF TAIWAN IN
INTERNATIONAL ORGANIZATIONS.—Section 704(a) of the
Admiral James W. Nance and Meg Donovan Foreign Rela-
tions Authorization Act, Fiscal Years 2000 and 2001 (sec-
tion 704(a) 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–460) is amended by striking ‘‘and 2001,’’
and inserting ‘‘, 2001, 2002, and 2003,’’.
(b) REPORT
ON TERRORIST ACTIVITY
IN WHICH
UNITED STATES CITIZENS WERE KILLED AND RELATED
MATTERS.—Section 805(a) of the Admiral James W. Nance
and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001 (section 805(a) 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–470)
is amended by striking ‘‘October 1, 2001,’’ and inserting
‘‘October 1, 2003,’’.
SEC. 203. ROYAL ULSTER CONSTABULARY TRAINING.
(a) REPORT ON PAST TRAINING PROGRAMS.—Section
405(b) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000
and 2001 (as enacted into law by section 1000(a)(7) of Pub-
lic Law 106–113; 113 Stat. 1501A–447) is amended in the
matter preceding paragraph (1)—
(1) by striking ‘‘The President’’ and inserting
‘‘Not later than 60 days after the date of the enact-
ment of the Foreign Relations Authorization Act, Fis-
cal Years 2002 and 2003, the President’’; and
(2) by striking ‘‘during fiscal years 1994 through
1999’’ and inserting ‘‘during each of the fiscal years
1994 through 2000’’.
(b) REPORT ON RELATED MATTERS.—Section 405 of
the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001,
is amended—
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c) REPORT ON RELATED MATTERS.—Not later than
60 days after the date of the enactment of the Foreign Rela-
tions Authorization Act, Fiscal Years 2002 and 2003, the
President shall report on the following:
‘‘(1) The extent to which the Government of the
United Kingdom has implemented the recommenda-
tions relating to the 175 policing reforms contained
in the Patten Commission report issued on September
9, 1999, including a description of the progress of the
integration of human rights, as well as recruitment
procedures aimed at increasing Catholic representa-
tion, in the new Northern Ireland police force.
‘‘(2) The status of the investigations into the
murders of Patrick Finucane, Rosemary Nelson, and
Robert Hamill, including the extent to which progress
has been made on recommendations for independent
judicial inquiries into these murders.’’.
(c) CONFORMING AMENDMENTS.—Section 405 of the
Admiral James W. Nance and Meg Donovan Foreign Rela-
tions Authorization Act, Fiscal Years 2000 and 2001, as
amended by subsections (a) and (b), is further amended—
(1) in subsection (a)—
(A) by striking ‘‘the report required by sub-
section (b)’’ and inserting ‘‘the reports required
by subsections (b) and (c)’’; and
(B) by striking ‘‘subsection (c)(1)’’ and in-
serting ‘‘subsection (d)(1)’’; and
(2) in subsection (d)(2) (as redesignated)—
(A) in the heading, by striking ‘‘2001’’ and
inserting ‘‘2003’’; and
(B) by striking ‘‘2001’’ and inserting
‘‘2003’’.
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 trafficked
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 report
which outlines a comprehensive strategy to address the cri-
sis of heroin in the United States due to opium originating
from Colombia including destruction of opium at its source.
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 for-
eign countries and that are assigned at the recommendation
of such bureau in conjunction with the relevant 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 ‘‘Sec-
retary 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.—
‘‘(1) IN GENERAL.—To reimburse the expenses of
the United States Government in preparing or pros-
ecuting a claim against a foreign government or other
foreign entity, the Secretary of State shall retain 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 Au-
thorities 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 appro-
priation and to remain available until expended. No
reimbursement shall be required which is greater 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 front-
line state. The northern region of Ecuador, including
the Sucumbios province, is an area of particular con-
cern. It faces the Colombian Putumayo zone, where
there is no presence of military or law enforcement
personnel.
(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 delinquency.
Recent kidnappings of American and other foreign
nationals, as well as discoveries of clandestine 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 po-
litical commitment in the fight against drugs. The
agreement signed in November 1999 with the United
States to establish a forward operating location 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 development.
(b) REPORT TO CONGRESS.—Not later than 60 days
after the date of enactment of this Act, the Secretary of
State, through the Bureau of International Narcotics and
Law Enforcement, shall submit to Congress a report 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 countries
do not have any diplomatic relations with Israel and
another 4 countries have only limited relations.
(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
OTHER COUNTRIES.—Not later than 60 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary of State shall submit a report which includes the
following information (in classified or unclassified form, as
appropriate) to the Committee on Foreign Relations and
the Committee on Appropriations of the Senate and the
Committee on International Relations and the Committee
on Appropriations of the House of Representatives:
(1) Actions taken by representatives of the
United States to encourage other countries to establish
full diplomatic relations with Israel.
(2) Specific responses solicited and received by
the Secretary of State from countries that do not
maintain full diplomatic relations with Israel with
respect to the status of negotiations to enter into dip-
lomatic relations with Israel.
(3) Other measures being undertaken, and meas-
ures that will be undertaken, by the United States to
ensure and promote Israel’s full participation in the
world diplomatic community.
SEC. 213. REPORTS ON ACTIVITIES IN THE REPUBLIC OF
COLOMBIA.
(a) REPORT ON REFORM ACTIVITIES.—
(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 committees a report on
the status of activities funded or authorized, in whole
or in part, by the Department of State in the Repub-
lic of Colombia to promote alternative development,
recovery and resettlement of internally displaced per-
sons, 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 sub-
mitted 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 ACTIVI-
TIES.—
(1) DECLARATION OF POLICY.—It is the policy of
the United States to encourage the transfer of counter-
narcotics activities carried out in the Republic of Co-
lombia by United States businesses that have entered
into agreements with the Department of State to con-
duct such activities, to Colombian nationals, in par-
ticular personnel of the Colombian antinarcotics po-
lice, when properly qualified personnel 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 commit-
tees a report on the activities of United States busi-
nesses that have entered into agreements with the De-
partment of State to carry out counternarcotics ac-
tivities 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.
(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 deci-
sion by the Department of State to enter into an
agreement with each such business for such ac-
tivities.
(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 nationals,
in particular personnel of the Colombian
antinarcotics police.
(4) DEFINITION.—In this subsection, the term
‘‘United States business’’ means any corporation,
partnership, or other organization that employs 3 or
more individuals and is organized under the laws of
the United States.
Subtitle B—Consular Authorities
SEC. 231. MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (8 U.S.C. 1351 note) is
amended in the first sentence of paragraph (3)—
(1) by striking ‘‘2001, and 2002,’’ and inserting
‘‘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 estab-
lish 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 developments
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 ap-
plicant 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-
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 immediately
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 appro-
priated 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 offi-
cial government document which lists countries and their
capital cities unless the publication identifies Jerusalem as
the capital of Israel.
(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 passport
of a United States citizen born in the city of Jerusalem,
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.—Sub-
ject 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,
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 na-
tional 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 Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be avail-
able to effect the involuntary return by the United States
of any person to a country in which the person has a well-
founded fear of persecution on account of race, religion, na-
tionality, membership in a particular social group, or po-
litical opinion, except on grounds recognized as precluding
protection as a refugee under the United Nations Conven-
tion Relating to the Status of Refugees of July 28, 1951,
and the Protocol Relating to the Status of Refugees of Janu-
ary 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
return of any person to any country unless the Secretary
of State first notifies the appropriate congressional commit-
tees, 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 circumstances
amounting to a threat thereof, a person to return to a coun-
try against the person’s will, regardless of whether the per-
son is physically present in the United States and regard-
less 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 con-
gressional committees a report on overseas processing of ref-
ugees for admission to the United States.
(b) CONTENTS.—The report shall include the following
detailed information:
(1) United States procedures for the identifica-
tion of refugees who are particularly vulnerable or
whose individual circumstances otherwise suggest an
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 reset-
tlement in the United States, together with a plan for
the expanded use of alternatives to such referral, in-
cluding the use of field-based nongovernmental orga-
nizations to identify refugees in urgent need of reset-
tlement.
(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 de-
cline 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 fu-
ture.
(4) The extent to which opportunities for resettle-
ment in the United States are currently provided to
‘‘urban refugees’’ and others who do not currently re-
side in refugee camps, together with a plan for in-
creasing such opportunities, particularly for refugees
who are in urgent need of resettlement, who are mem-
bers 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 pri-
vate voluntary agencies to assist in the identification
of refugees for admission to the United States, includ-
ing the Department’s assessment of the advantages
and disadvantages of private voluntary agencies, 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.
(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 cur-
rent practice or procedure discussed in the report, to-
gether 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 Department of State
for the fiscal years 2002 through 2006. The plan shall con-
sider personnel needs in both the civil service and the For-
eign Service and expected domestic and overseas personnel
allocations. The workforce plan should set forth the detailed
mission of the Department, the definition of work to be done
and cyclical personnel needs based on expected retirements
and the time required to hire, train, and deploy new per-
sonnel.
(b) DOMESTIC STAFFING MODEL.—Not later than one
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) 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 addi-
tion to such other information as the Secretary con-
siders appropriate, the report shall include the fol-
lowing:
(A) The objectives of the task force.
(B) Measures for achieving the objectives
under subparagraph (A).
(C) The official of the Department with pri-
mary responsibility for the issue of ‘‘rightsizing’’.
(D) The plans of the Department for the re-
allocation of staff and resources based on chang-
ing needs at overseas posts and in the metropoli-
tan 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 re-
viewing 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
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 re-
viewing 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 following
new subsection (f):
‘‘(f) QUALIFICATIONS OF CERTAIN OFFICERS OF THE
DEPARTMENT OF STATE.—
‘‘(1) OFFICER HAVING PRIMARY RESPONSIBILITY
FOR
PERSONNEL
MANAGEMENT.—The officer of the
Department of State with primary responsibility for
assisting the Secretary of State with respect to mat-
ters relating to personnel in the Department of State,
or that officer’s principal deputy, shall have substan-
tial professional qualifications in the field of human
resource policy and management.
‘‘(2) OFFICER HAVING PRIMARY RESPONSIBILITY
FOR DIPLOMATIC SECURITY.—The officer of the De-
partment of State with primary responsibility for as-
sisting the Secretary of State with respect to diplo-
matic security, or that officer’s principal deputy,
shall have substantial professional qualifications in
the fields of (A) management, and (B) Federal law
enforcement, intelligence, or security.
‘‘(3) OFFICER HAVING PRIMARY RESPONSIBILITY
FOR INTERNATIONAL NARCOTICS AND LAW ENFORCE-
MENT.—The officer of the Department of State with
primary responsibility for assisting the Secretary of
State with respect to international narcotics and law
enforcement, or that officer’s principal deputy, shall
have substantial professional qualifications in the
fields of management and Federal law enforcement.’’.
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 con-
sult 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 Rep-
resentatives prior to the designation of the special coordi-
nator.
(c) CENTRAL OBJECTIVE.—The central objective of the
special coordinator is to promote substantive dialogue be-
tween 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-
cluding regular travel to Tibetan areas of the People’s
Republic of China, and to Tibetan refugee settlements
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 adequate
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 fol-
lowing new subsection (g):
‘‘(g) UNITED STATES SPECIAL ENVOY FOR SUDAN
ISSUES.—
‘‘(1) IN GENERAL.—There shall be within the De-
partment of State a United States Special Envoy for
Sudan Issues who shall be appointed by the 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 con-
flict 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 report
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 facilities of the De-
partment of State, and are registered under the Foreign
Agents Registration Act of 1938 as an agent of a govern-
ment of a foreign country. The report shall specify each in-
dividual and the governments represented by that indi-
vidual.
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-speaking
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 Serv-
ice 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 implemen-
tation in a manner which does not substantially increase
the total amount of travel expenses paid or reimbursed by
the Department for travel under section 901 of the Foreign
Service Act of 1980.
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date on which guidance
for implementation of such amendment is issued by the Sec-
retary.
SEC. 334. THOMAS JEFFERSON STAR.
Section 36A of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2708a) is amended—
(1) in the section heading by striking ‘‘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 Re-
structuring 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 em-
ployees.’’ and inserting ‘‘(C) payments by the Government
and employees to (i) a trust or other fund in a financial
institution in order to finance future benefits for employees,
including provision for retention in the fund of accumu-
lated interest and dividends for the benefit of covered em-
ployees; or (ii) a Foreign Service National Savings 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 without fiscal year limitation to pay
benefits, to be invested in public debt obligations bearing
interest at rates determined by the Secretary of the Treas-
ury taking into consideration current average market yields
on outstanding marketable obligations of the United States
of comparable maturity, and to pay administrative ex-
penses.’’.
SEC. 338. PRESIDENTIAL RANK AWARDS.
(a) COMPARABLE TO PAYMENTS TO MERITORIOUS EX-
ECUTIVES
AND
DISTINGUISHED
EXECUTIVES.—Section
405(b)(3) of the Foreign Service Act of 1980 (22 U.S.C.
3965(b)(3)) is amended by striking the second sentence and
inserting ‘‘Payments under this paragraph to a member of
the Senior Foreign Service may not exceed, in any fiscal
year, the percentage of base pay established under section
4507(e)(1) of title 5, United States Code, for a Meritorious
Executive, except that payments of the percentage of the
base pay established under section 4507(e)(2) of title 5,
United States, Code, for Distinguished Executives may be
made in any fiscal year to up to 1 percent of the members
of the Senior Foreign Service.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (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 speci-
fied 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 following:
‘‘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 baggage at or in the
vicinity of the school during the dependent’s annual trip
between the school and the employee’s duty station may be
paid or reimbursed to the employee. The amount of the pay-
ment or reimbursement may not exceed the cost that the
government would incur to transport the baggage.’’.
SEC. 341. SPECIAL AGENT AUTHORITIES.
Section 37(a) of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 2709(a)) is amended in para-
graph (3)(F) by inserting ‘‘or President-elect’’ after ‘‘Presi-
dent’’.
SEC. 342. REPORT CONCERNING MINORITY EMPLOYMENT.
During each of the years 2002 and 2003, the Secretary
of State shall submit a comprehensive report to the Congress
concerning the status of employment of members of minor-
ity groups at the Department of State, including the Civil
Service, the Foreign Service, and State Department em-
ployees serving abroad. The report shall include the fol-
lowing data (reported in terms of real numbers and percent-
ages and not as ratios):
(1) For the last preceding Foreign Service exam-
ination and promotion cycles for which such informa-
tion is available—
(A) the numbers and percentages of mem-
bers of all minority groups taking the written
Foreign Service examination;
(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 mem-
bers 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 members
of all minority groups who are civil service em-
ployees at each grade of the Civil Service; and
(C) the number of and percentages of mem-
bers 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 ap-
propriated for minority recruitment under section
101(1)(B)(iii) shall be used only for activities directly
related to minority recruitment, such as recruitment
materials designed to target members of minority
groups and the travel expenses of recruitment trips to
colleges, universities, and other institutions or loca-
tions.
(2) LIMITATION.—Amounts authorized to be ap-
propriated for minority recruitment under section
101(1)(B)(iii) may not be used to pay salaries of em-
ployees of the Department of State.
(b) RECRUITMENT ACTIVITIES AT ACADEMIC INSTITU-
TIONS.—The Secretary of State shall expand the recruit-
ment 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 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 ef-
forts to recruit members of minority groups into the Foreign
Service and the Civil Service and shall report to the appro-
priate 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 required under section
342.
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 (Public
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’’.
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 inter-
est.
(4) The financial support available for inter-
national cultural and scholarly exchanges has de-
clined by approximately 10 per cent in recent years.
(5) Funds appropriated for the purpose of ensur-
ing that the excellence, diversity, and vitality of the
arts in the United States are presented to foreign au-
diences by, and in cooperation with, our diplomatic
and consular representatives have declined dramati-
cally.
(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 PROGRAM-
MING.—
‘‘(1) The Secretary of State is authorized to pro-
vide for the establishment of private nonprofit entities
to assist in carrying out the purposes of this sub-
section. Any such entity shall not be considered an
agency or instrumentality of the United States Gov-
ernment and employees of such an entity shall not be
considered employees of the United States Government
for any purpose.
‘‘(2) An entity established pursuant to the au-
thority of paragraph (1) may carry out the following:
‘‘(A) Encourage participation and support
by United States corporations and other elements
of the private sector for cultural, arts, and edu-
cational 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 em-
ployees of the United States Government as ex
officio nonvoting members of such a board or
other administrative body.
‘‘(D) Making recommendations with respect
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 fis-
cal year for administrative and other costs for the es-
tablishment of entities pursuant to paragraph (1). An
entity established pursuant to paragraph (1) is au-
thorized to invest amounts made available to the enti-
ty 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.
‘‘(6) The financial transactions of each entity es-
tablished under paragraph (1) for each fiscal year
shall be the subject of an independent audit. A report
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 operate under the
authority of this Act or promote’’.
SEC. 404. ETHICAL ISSUES IN INTERNATIONAL HEALTH RE-
SEARCH.
(a) IN GENERAL.—The Secretary shall make available
funds for public diplomacy and international exchanges,
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 opportunities to re-
searchers in developing countries to obtain scholarships and
otherwise participate in activities related 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 related
to ethical issues in human subject research’’ include courses
of study, conferences, and fora on development of and com-
pliance 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 manage-
ment and monitoring of such trials based on such inter-
national 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 strik-
ing 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.
(b) PROHIBITING PAID STAFF POSITIONS.—The Advi-
sory Board for Cuba Broadcasting is not authorized to em-
ploy administrative or support staff who are compensated
by the Advisory Board.
SEC. 502. REPORTS ON BROADCASTING PERSONNEL.
Not later than 3 months after the date of the enactment
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 information, re-
ported separately, for the International Broadcasting Bu-
reau, 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 representation
of women and members of minority groups in posi-
tions under paragraph (1) from previous years.
(4) The recruitment budget for each broadcasting
entity and the aggregate budget.
(5) Information concerning the recruitment ef-
forts of the Broadcasting Board of Governors relating
to women and members of minority groups, including
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 serv-
ices.
(b) LIMITATION ON AUTHORITY.—The Director is au-
thorized 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.
(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 serv-
ices 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 period 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 sub-
paragraph (A), grant funds provided under this sec-
tion may be used by RFE/RL, Incorporated to pay
up to 2 employees employed in Washington, D.C. sal-
ary or other compensation not to exceed the 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 RESTRICTIONS ON RELEASE OF AR-
REARAGE PAYMENTS RELATING TO UNITED STATES SOV-
EREIGNTY.—In addition to the satisfaction of all other pre-
conditions 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 Secretary 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.—Neither
the United Nations nor any of its specialized or affili-
ated 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 pro-
vided in subparagraph (D), neither the United
Nations nor any of its specialized or affiliated
agencies has the authority under United States
law to impose taxes or fees on United States na-
tionals.
(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
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 concerning
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, cre-
ate, or establish any special agreement under Article
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 spe-
cialized 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 authority or con-
trol 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 authority over the
private real property of United States citizens located
in the United States without the approval of the
property owner.
(7) TERMINATION OF BORROWING AUTHORITY.—
(A) PROHIBITION
ON
AUTHORIZATION
OF
EXTERNAL BORROWING.—On or after the date of
enactment of this Act, neither the United Nations
nor any specialized agency of the United Nations
has amended its financial regulations 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.
(b) AMENDMENTS TO THE UNITED NATIONS REFORM
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; appendix 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
(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 condi-
tions in subsection (b) are satisfied’’ and insert-
ing ‘‘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 strik-
ing ‘‘require’’ both places it appears and insert-
ing 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—’’ and
inserting ‘‘The practices of each designated spe-
cialized agency—’’; and
(C) in subparagraphs (A), (B), and (C) by
striking ‘‘require’’ each of the 3 places it appears
such subparagraphs and inserting in the 3 places
‘‘result in’’.
(c) AMENDMENT TO UNITED NATIONS PARTICIPATION
ACT.—Section 6 of the United Nations Participation Act
of 1945 (22 U.S.C. 287d) is amended to read as follows:
‘‘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, includ-
ing rights of passage, to be made available to the Security
Council for the purpose of maintaining international 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-
dent by the Congress to make available United States
Armed Forces, facilities, or assistance to the Security Coun-
cil.’’.
(d) 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—
‘‘conducted by or under the auspices of the United
Nations or’’.
(f) CONFORMING AMENDMENT TO PUBLIC LAW 105–
277.—The undesignated paragraph under the heading ‘‘AR-
REARAGE PAYMENTS’’ in title IV of the Departments 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 Appropriations Act, 1999;
112 Stat. 2681–96) is amended by striking ‘‘member, and
the share of the budget for each assessed United Nations
peacekeeping operation does not exceed 25 percent for any
single United Nations member.’’ and inserting ‘‘member.’’.
(g) CONFORMING AMENDMENT TO PUBLIC LAW 106–
113.—The undesignated paragraph under the heading ‘‘AR-
REARAGE PAYMENTS’’ in title IV of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
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 appro-
priated or otherwise made available under this head-
ing for payment of arrearages may be obligated or ex-
pended with respect to a designated specialized agen-
cy of the United Nations until such time as the share
of the total of all assessed contributions for that des-
ignated specialized agency does not exceed 22 percent
for any member of the agency:’’.
(h) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the date of
the enactment of this Act.
SEC. 602. TRAVEL BY ADVISORY COMMITTEE MEMBERS TO
GREAT LAKES FISHERY COMMISSION ANNUAL
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 second
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 Commis-
sion 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, however,
continues to include countries that are themselves
human rights violators.
(3) Countries that are on the Commission have
a special duty to ensure that they are prepared to
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 Representative to the
United Nations, and other appropriate United States Gov-
ernment 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 monitor human rights in the terri-
tory of such country:
(1) Designated United Nations human rights in-
vestigators and rapporteurs.
(2) Representatives from nongovernmental orga-
nizations that focus on human rights.
SEC. 604. UNITED STATES MEMBERSHIP IN THE INTER-
NATIONAL ORGANIZATION FOR MIGRATION.
(a) CONTINUATION OF MEMBERSHIP.—The President
is authorized to continue membership for the United States
in the International Organization for Migration in accord-
ance with the constitution of such organization approved
in Venice, Italy, on October 19, 1953, as amended in Gene-
va, Switzerland, on November 24, 1998, upon entry into
force of such amendments.
(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 Inter-
national Organization for Migration and all necessary sal-
aries and expenses incidental to United States participa-
tion in such organization.
SEC. 605. REPORT RELATING TO COMMISSION ON SECURITY
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 carrying
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 implemen-
tation review process, and other activities of the OSCE. The
report shall also include a summary of specific United
States policy objectives with respect to participating states
where there is a particular concern relating to the imple-
mentation of Organization on Security and Cooperation in
Europe commitments or where an OSCE presence exists.
Such summary shall address the role played by Organiza-
tion on Security and Cooperation in Europe institutions,
mechanisms, or field activities in achieving United States
policy objectives. Each annual report 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 following
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 finan-
cial contributions made by the United States during the
preceding year to international organizations in which the
United States participates as a member.’’;
(3) in subsection (e)(5) by striking subparagraph
(B) and inserting the following:
‘‘(B) ANNUAL REPORT.—The President shall
submit an annual report to the designated con-
gressional committees on all assistance provided
by the United States during the preceding cal-
endar year to the United Nations to support
peacekeeping operations. Each such report shall
describe the assistance provided for each such op-
eration, listed by category of assistance.’’; and
(4) by redesignating subsections (d), (e), (f), and
(g) as subsections (c), (d), (e), and (f) respectively.
(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 Author-
ization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
287e note) is amended by striking subsection (d).
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 sub-
section (a) shall contain, with respect to each foreign 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 surrounding 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 juris-
diction 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 RE-
DUCTION 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),’’.
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 in-
serting ‘‘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 strik-
ing ‘‘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 MEM-
BERS OF COMMISSION.—Section 201(c) of such Act (22
U.S.C. 6431(c)) is amended by adding after paragraph (1)
the following new paragraph:
‘‘(2) ESTABLISHMENT OF STAGGERED TERMS.—
Notwithstanding paragraph (1), members of the Com-
mission appointed to serve on the Commission during
the period May 15, 2003, through May 14, 2005, shall
be appointed to terms in accordance with the provi-
sions of this paragraph. Of the 3 members of the Com-
mission appointed by the President under subsection
(b)(1)(B)(i), 2 shall be appointed to a one-year term
and 1 shall be appointed to a two-year term. Of the
3 members of the Commission appointed by the Presi-
dent pro tempore of the Senate under subsection
(b)(1)(B)(ii), 1 of the appointments made upon the
recommendation of the leader in the Senate of the po-
litical party that is not the political party of the
President shall be appointed to a one-year term, and
the other 2 appointments under such clause shall be
two-year terms. Of the 3 members of the Commission
appointed by the Speaker of the House of Representa-
tives under subsection (b)(1)(B)(iii), 1 of the appoint-
ments made upon the recommendation of the leader
in the House of the political party that is not the po-
litical party of the President shall be to a one-year
term, and the other 2 appointments under such clause
shall be two-year terms. The term of each member of
the Commission appointed to a one-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 ap-
pointment to the Commission. Each vacancy which
occurs upon the expiration of the term of a member
appointed to a one-year term shall be filled by the ap-
pointment of a successor to a two-year term.’’.
(g) VACANCIES.—Section 201(g) of such Act (22 U.S.C.
6431(g)) is amended by adding at the end the following:
‘‘A member may serve after the expiration of that member’s
term until a successor has taken office. Any member ap-
pointed 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.—Section
1334 of the Foreign Affairs Reform and Restructuring Act
of 1998 (as enacted in division G of the Omnibus Consoli-
dated and Emergency Supplemental Appropriations Act,
1999: Public Law 105–277) is amended by striking ‘‘Octo-
ber 1, 2001’’ and inserting ‘‘October 1, 2005’’.
(b) REPEAL.—Section 404(c) of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization
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 practicable,
that appropriate government officials from countries in the
South Asia region shall be eligible to attend courses at the
International Law Enforcement Academy located in Bang-
kok, Thailand, and Budapest, Hungary, consistent with
other provisions of law, with the goal of enhancing regional
cooperation in the fight against transnational crime.
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 Rep-
resentative to the United Nations to urge the United Na-
tions to adopt an HIV/AIDS mitigation strategy as a com-
ponent 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
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 Bud-
dhist 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 artists from China,
India, central Asia, and the Roman Empire.
(2) Such statues are part of the common heritage
of mankind, which must be preserved for future gen-
erations.
(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 moun-
tainside.
(4) The religion of Islam and Buddhist statues
have coexisted in Afghanistan as part of the unique
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 Afghani-
stan, including Muslim communities around the
world.
(7) The destruction of the statues violates the
United Nations Convention Concerning the Protection
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 inter-
national organizations immediate access to Afghani-
stan to survey the damage and facilitate inter-
national efforts to preserve and safeguard the remain-
ing statues.
SEC. 734. SENSE OF CONGRESS RELATING TO RESOLUTION
OF THE TAIWAN STRAIT ISSUE.
It is the sense of the Congress that Taiwan is a mature
democracy that fully respects human rights and it is the
policy of the United States that any resolution of the Tai-
wan 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 Nations
Children’s Fund (UNICEF) and the Bangladeshi Depart-
ment 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 pro-
vide an alternative to contaminated surface water sources.
However, at the time the wells were installed, arsenic was
not recognized as a problem in water supplies and standard
water testing procedures did not include arsenic tests. Natu-
rally 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 ar-
senic-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 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 can-
cers.
(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 finan-
cial institutions and organizations, and international do-
nors to identify a long term solution to the arsenic-contami-
nated 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 di-
rector of the American Institute in Taiwan should publicly
display the flag of the United States in the same manner
as United States embassies, consulates, and official resi-
dences throughout the world.
100
SEC. 737. SENSE OF CONGRESS REGARDING HUMAN RIGHTS
VIOLATIONS IN WEST PAPUA AND ACEH, IN-
CLUDING THE MURDER OF JAFAR SIDDIQ
HAMZAH, AND ESCALATING VIOLENCE 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 Indo-
nesian 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 reportedly
killed by Indonesian security forces after a West Pap-
uan 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 December
6, 2000. This attack resulted in the beating and ar-
rests of some 100 students as well as the deaths of
three students, including one in police custody in the
capital city of Jayapura.
101
(4) To escape Indonesian security forces, hun-
dreds of peaceful West Papuans have sought safety in
refugee camps across the border in the neighboring
state of Papua New Guinea (PNG).
(5) The Indonesian armed forces have announced
that they are initiating ‘‘limited military operations’’
in Aceh, where the Exxon-Mobil gas company has sus-
pended operations due to security concerns.
(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
human rights in Aceh, Hamzah was an important
voice of moderation and an internationally known
representative of his people who made irreplaceable
102
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 reliable
sources that Indonesian military and police forces
have committed widespread acts of torture, rape, dis-
appearance 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 three 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 intolerance
among the people of Maluku, and the Laskar Jihad
has been openly encouraged by some Indonesian lead-
103
ers including Amien Rais, Chair of the People’s Con-
sultative 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 dev-
astating conflict.
(14) The most recent instance of widespread vio-
lence 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 caus-
ing 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 govern-
ment policy, while the Dayaks have suffered from this
policy and from official exploitation of the natural re-
sources of their homeland.
(b) SENSE OF CONGRESS.—The Congress—
(1) expresses its deep concern over ongoing
human rights violations committed by Indonesian
military and police forces against civilians in West
Papua and Aceh, as well as over violence by militias
104
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 demonstrators
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 Pap-
uan 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 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
105
West Papua and Aceh, including the project areas of
the United States-owned Freeport mine and Exxon-
Mobil facilities, by independent human rights and en-
vironmental monitors, including the United Nations
special rapporteurs on torture and extra-judicial exe-
cution, as well as by humanitarian nongovernmental
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 trans-
parent investigation of the murder of Hamzah and
the four others with whom he was found, to offer full
access and support to independent investigators and
forensics experts brought in to examine these cases,
and to ensure that the perpetrators of 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
106
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 of-
ficers guilty of complicity in their operations against
civilians, and to make significant progress towards
rehabilitation and reestablishment of local commu-
nities displaced by the violence and rebuild the phys-
ical infrastructure of the communities;
(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
107
rights violations, and to encourage and support inter-
national and nongovernmental agencies in efforts to
help the people of Indonesia rebuild and rehabilitate
communities torn by violence, particularly by assist-
ing in the return of internally displaced peoples and
in efforts at reconciliation within and among commu-
nities;
(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 openness
and transparency and oversight, to investigations
into 
the 
numerous 
cases 
of 
disappearances,
extrajudicial killings, and other serious human rights
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 inter-
108
national standards for military and police officers,
militia leaders, and others accused of such violations.
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, judiciary,
and health care system.
(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 themselves
by creating parallel governmental and social institu-
tions.
(5) Local elections held in Kosova in 2000 were
considered free and fair by international observers.
109
(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 properly
conducted elections in Kosova are in place prior to
the election.
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that—
(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;
110
(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 Organiza-
tion for Security and Cooperation in Europe to en-
sure that the transition to Kosovar self-government
under the terms and conditions of United Nations Se-
curity Council Resolution 1244 proceeds peacefully,
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
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 conduct
a policy review of the nature of its relations with the
111
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 Mac-
edonian-speaking areas of the Former Yugoslav Republic 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 al-
leviate human suffering wherever it may be found,
without discrimination.
(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.
112
(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 so-
cieties.
(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 societies
use their respective emblems.
(7) Since 1949 Magen David Adom has been re-
fused admission into the International Red Cross and
Red Crescent Movement and has been relegated to ob-
server status without a vote because it has used the
Red Shield of David.
(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 ad-
vocated recognition and membership of the Magen
114
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.
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 portraits
she painted while suffering a year-and-a-half-long in-
ternment at the Auschwitz death camp during World
War II.
115
(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 orders
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
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
116
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 re-
turn 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 Babbitt
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 original 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 refugees
who served substantial sentences in re-education camps due
to their wartime associations with the United States and
117
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 resettle-
ment.
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
in 1946 with the support of the United States as an
integral part of the United Nations systems, designed
to promote international cooperation and exchanges
in the fields of education, science, culture, and com-
munication with the larger purpose of constructing
the defense of peace against intolerance and incite-
ment to war.
(2) In 1984, the United States withdrew from
membership in UNESCO over serious questions of in-
ternal management and political polarization.
(3) Since the United States withdrew from the
organization, UNESCO addressed such criticisms by
electing new leadership, tightening financial controls,
cutting budget and staff, restoring recognition of in-
118
tellectual property rights, and supporting the prin-
ciple of a free and independent international press.
(4) In 1993, the General Accounting Office, after
conducting an extensive review of UNESCO’s progress
in implementing changes, concluded that the organi-
zation’s member states, the Director General of
UNESCO, managers and employee associations dem-
onstrated a commitment to management reform
through their actions.
(5) On September 28, 2000, former Secretary of
State George P. Schultz, who implemented the with-
drawal of the United States from UNESCO with a
letter to the organization’s Director General in 1984,
indicated his support for the United States renewal of
membership in UNESCO.
(6) The participation of the United States in
UNESCO programs offers a means for furthering the
foreign policy interests of the United States through
the promotion of cultural understanding and the
spread of knowledge critical to strengthening civil so-
ciety.
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that the President should take all necessary steps to
renew the membership and participation of the United
119
States in the United Nations Educational, Scientific and
Cultural Organization (UNESCO).
SEC. 745. SENSE OF CONGRESS RELATING TO GLOBAL
WARMING.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Global climate change poses a significant
threat to national security, the American economy,
public health and welfare, and the global environ-
ment.
(2) The Intergovernmental Panel on Climate
Change (IPCC) has found that most of the observed
warming over the last fifty years is attributable to
human activities, including fossil fuel-generated car-
bon dioxide emissions.
(3) The IPCC has stated that global average sur-
face temperatures have risen since 1861.
(4) The IPCC has stated that in the last forty
years, the global average sea level has risen, ocean
heat content has increased, and snow cover and ice
extent have decreased which threatens to inundate
low-lying Pacific island nations and coastal regions
throughout the world.
(5) The Environmental Protection Agency pre-
dicts that global warming will harm United States
120
citizens by altering crop yields, causing sea levels to
rise, and increasing the spread of tropical infectious
diseases.
(6) Industrial nations are the largest producers
today of fossil fuel-generated carbon dioxide emis-
sions.
(7) The United States has ratified the United
Nations Framework on Climate Change which states,
in part, ‘‘the Parties to the Convention are to imple-
ment policies with the aim of returning...to their 1990
levels anthropogenic emissions of carbon dioxide and
other greenhouse gases’’.
(8) The United Nations Framework Convention
on Climate Change further states that ‘‘developed
country Parties should take the lead in combating cli-
mate change and the adverse effects thereof’’.
(9) Action by the United States to reduce emis-
sions, taken in concert with other industrialized na-
tions, will promote action by developing countries to
reduce their own emissions.
(10) A growing number of major American busi-
nesses are expressing a need to know how governments
worldwide will respond to the threat of global warm-
ing.
121
(11) More efficient technologies and renewable
energy sources will mitigate global warming and will
make the United States economy more productive and
create hundreds of thousands of jobs.
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that the United States should demonstrate inter-
national leadership and responsibility in mitigating the
health, environmental, and economic threats posed by global
warming by—
(1) taking responsible action to ensure signifi-
cant and meaningful reductions in emissions of car-
bon dioxide and other greenhouse gases from all sec-
tors; and
(2) continuing to participate in international
negotiations with the objective of completing the rules
and guidelines for the Kyoto Protocol in a manner
that is consistent with the interests of the United
States and that ensures the environmental integrity of
the protocol.
SEC. 746. SENSE OF CONGRESS REGARDING THE BAN ON
SINN FEIN MINISTERS FROM THE NORTH-
SOUTH MINISTERIAL COUNCIL IN NORTHERN
IRELAND.
(a) FINDINGS.—The Congress makes the following
findings:
122
(1) The Good Friday Agreement established the
North-South Ministerial Council to bring together
those with executive responsibilities in Northern Ire-
land and the Republic of Ireland to discuss matters
of mutual interest on a cross-border and all-island
basis.
(2) The Ulster Unionist Party, Social Demo-
cratic and Labour Party, Sinn Fein and the Demo-
cratic Unionist Party comprise the Northern Ireland
executive.
(3) First Minister David Trimble continues to
ban Sinn Fein Ministers Martin McGuiness and
Bairbre de Brun from attending North-South Min-
isterial Council meetings.
(4) On January 30, 2001, the Belfast High
Court ruled First Minister Trimble had acted illegally
in preventing the Sinn Fein Ministers from attending
the North-South Ministerial Council meetings.
(b) SENSE OF CONGRESS.—The Congress calls upon
First Minister David Trimble to adhere to the terms of the
Good Friday Agreement and lift the ban on the participa-
tion of Sinn Fein Ministers on the North-South Ministerial
Council.
123
TITLE VIII—SECURITY
ASSISTANCE
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Security Assistance Act
of 2001’’.
Subtitle A—Military and Related
Assistance
CHAPTER 1—FOREIGN MILITARY SALES
AND RELATED AUTHORITIES
SEC. 811. QUARTERLY REPORT ON PRICE AND AVAIL-
ABILITY ESTIMATES.
Chapter 2 of the Arms Export Control Act (22 U.S.C.
2761 et seq.) is amended by adding at the end the following:
‘‘SEC. 28. QUARTERLY REPORT ON PRICE AND AVAIL-
ABILITY ESTIMATES.
‘‘(a) QUARTERLY REPORT.—Not later than 15 days
after the end of each calendar quarter, the President shall
transmit to the Committee on International Relations of the
House of Representatives and the Committee on Foreign Re-
lations of the Senate a report that contains the information
described in subsection (b).
‘‘(b) INFORMATION.—The information described in this
subsection is the following:
‘‘(1)(A) Each price and availability estimate
provided by the United States Government during
124
such calendar quarter to a foreign country with re-
spect to a possible sale under this Act of major defense
articles having a cost of $7,000,000 or more, or of any
other defense articles or services having a cost of
$25,000,000 or more.
‘‘(B) The name of each foreign country to which
an estimate described in subparagraph (A) was pro-
vided, the defense articles or services involved, the
quantity of the articles or services involved, and the
price estimate.
‘‘(2)(A) Each request received by the United
States Government from a foreign country during
such calendar quarter for the issuance of a letter of
offer to sell defense articles or defense services if the
proposed sale does not include a price and avail-
ability estimate (as described in paragraph (1)(A)).
‘‘(B) The name of each foreign country that
makes a request described in subparagraph (A), the
date of the request, the defense articles or services in-
volved, the quantity of the articles or services in-
volved, and the price and availability terms re-
quested.’’.
125
SEC. 812. OFFICIAL RECEPTION AND REPRESENTATION EX-
PENSES.
Section 43(c) of the Arms Export Control Act (22
U.S.C. 2792(c)) is amended by striking ‘‘$72,500’’ and in-
serting ‘‘$86,500’’.
SEC. 813. TREATMENT OF TAIWAN RELATING TO TRANS-
FERS OF DEFENSE ARTICLES AND SERVICES.
Notwithstanding any other provision of law, for pur-
poses of the transfer or potential transfer of defense articles
or defense services under the Arms Export Control Act (22
U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.), or any other provision of law, Tai-
wan shall be treated as the equivalent of a major non-NATO
ally.
SEC. 814. UNITED STATES POLICY WITH REGARD TO TAI-
WAN.
(a) CONSULTATION WITH CONGRESS.—Not later than
30 days prior to consultations with Taiwan described in
subsection (b), the President shall consult, on a classified
basis, with Congress regarding the following matters with
respect to the availability of defense articles and services
for Taiwan:
(1) The request by Taiwan to the United States
for the purchase of defense articles and defense serv-
ices.
126
(2) The President’s assessment of the legitimate
defense needs of Taiwan taking into account Taiwan’s
request described in paragraph (1).
(3) The decisionmaking process used by the
President to consider such request.
(b) CONSULTATION WITH TAIWAN.—At least once
every calendar year, the President, or the President’s des-
ignee, shall consult with representatives of the armed forces
of Taiwan, at not less than the level of Vice Chief of the
General Staff, concerning the nature and quantity of de-
fense articles and services to be made available to Taiwan
in accordance with section 3(b) of the Taiwan Relations
Act (22 U.S.C. 3302(b)). Such consultations shall take place
in Washington, D.C.
CHAPTER 2—EXCESS DEFENSE ARTICLE
AND DRAWDOWN AUTHORITIES
SEC. 821. EXCESS DEFENSE ARTICLES FOR CERTAIN EURO-
PEAN AND OTHER COUNTRIES.
(a) CENTRAL
AND
SOUTHERN
EUROPEAN
COUN-
TRIES.—Section 105 of Public Law 104–164 (110 Stat.
1427) is amended by striking ‘‘2000 and 2001’’ and insert-
ing ‘‘2001, 2002, and 2003’’.
(b) CERTAIN OTHER COUNTRIES.—Notwithstanding
section 516(e) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(e)), during each of the fiscal years 2002 and
127
2003, funds available to the Department of Defense may
be expended for crating, packing, handling, and transpor-
tation of excess defense articles transferred under the au-
thority of section 516 of such Act to Albania, Bulgaria, Cro-
atia, Estonia, the Former Yugoslavia Republic of Mac-
edonia, Georgia, Kyrgyzstan, Latvia, Lithuania, Mongolia,
the Philippines, Slovakia, and Uzbekistan.
(c) CONTENT
OF CONGRESSIONAL NOTIFICATION.—
Each notification required to be submitted under section
516(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(f)) with respect to a proposed transfer of a defense
article described in subsection (b) shall include an estimate
of the amount of funds to be expended under such subsection
with respect to that transfer.
SEC. 822. LEASES OF DEFENSE ARTICLES FOR FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZA-
TIONS.
Section 61(b) of the Arms Export Control Act (22
U.S.C. 2796(b)) is amended—
(1) by striking ‘‘(b) Each lease agreement’’ and
inserting ‘‘(b)(1) Each lease agreement’’; and
(2) by striking ‘‘of not to exceed five years’’ and
inserting ‘‘which may not exceed (A) five years, and
(B) a specified period of time required to complete
major refurbishment work of the leased articles to be
128
performed prior to the delivery of the leased articles,’’;
and
(3) by adding at the end the following:
‘‘(2) In this subsection, the term ‘major refurbishment
work’ means work for which the period of performance is
six months or more.’’.
SEC. 823. PRIORITY WITH RESPECT TO TRANSFER OF EX-
CESS DEFENSE ARTICLES.
Section 516(c)(2) of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j(c)(2)) is amended by striking ‘‘and to
major non-NATO allies on such southern and southeastern
flank’’ and inserting ‘‘, to major non-NATO allies on such
southern and southeastern flank, and to the Philippines’’.
CHAPTER 3—NONPROLIFERATION AND
EXPORT CONTROL ASSISTANCE
SEC. 831. INTERNATIONAL COUNTERPROLIFERATION EDU-
CATION AND TRAINING.
Chapter 9 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2349bb et seq.) is amended—
(1) by redesignating sections 584 and 585 as sec-
tions 585 and 586, respectively; and
(2) by inserting after section 583 the following:
129
‘‘SEC. 
584. 
INTERNATIONAL 
COUNTER-PROLIFERATION
EDUCATION AND TRAINING.
‘‘(a) GENERAL AUTHORITY.—The President is author-
ized to furnish, on such terms and conditions consistent
with this chapter (but whenever feasible on a reimbursable
basis), education and training to foreign governmental and
military personnel for the purpose of enhancing the non-
proliferation and export control capabilities of such per-
sonnel through their attendance in special courses of in-
struction in the United States.
‘‘(b) ADMINISTRATION OF COURSES.—The Secretary of
State shall have overall responsibility for the development
and conduct of international nonproliferation education
and training programs, but may rely upon any of the fol-
lowing agencies to recommend personnel for the education
and training, and to administer specific courses of instruc-
tion:
‘‘(1) The Department of Defense (including na-
tional weapons laboratories under contract with the
Department).
‘‘(2) The Department of Energy (including na-
tional weapons laboratories under contract with the
Department).
‘‘(3) The Department of Commerce.
130
‘‘(4) The intelligence community (as defined in
section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4))).
‘‘(5) The United States Customs Service.
‘‘(6) The Federal Bureau of Investigation.
‘‘(c) PURPOSES.—Education and training activities
conducted under this section shall be—
‘‘(1) of a technical nature, emphasizing tech-
niques for detecting, deterring, monitoring, inter-
dicting, and countering proliferation;
‘‘(2) designed to encourage effective and mutu-
ally beneficial relations and increased understanding
between the United States and friendly countries; and
‘‘(3) designed to improve the ability of friendly
countries to utilize their resources, including defense
articles and defense services obtained by them from
the United States, with maximum effectiveness, there-
by contributing to greater self-reliance by such coun-
tries.’’.
SEC. 832. ANNUAL REPORT ON THE PROLIFERATION OF
MISSILES AND ESSENTIAL COMPONENTS OF
NUCLEAR, 
BIOLOGICAL, 
AND 
CHEMICAL
WEAPONS.
(a) REPORT.—
131
(1) IN GENERAL.—The President shall transmit
to the designated congressional committees an annual
report on the transfer by any country of weapons,
technology, components, or materials that can be used
to deliver, manufacture (including research and ex-
perimentation), or weaponize nuclear, biological, or
chemical weapons (hereinafter in this section referred
to as ‘‘NBC weapons’’) to any country other than a
country referred to in subsection (c) that is seeking to
possess or otherwise acquire such weapons, technology,
or materials, or other system that the Secretary of
State or Secretary of Defense has reason to believe
could be used to develop, acquire, or deliver NBC
weapons.
(2) DEADLINE FOR INITIAL REPORT.—The first
such report shall be submitted not later than 90 days
after the date of the enactment of this Act and on
April 1 of each year thereafter.
(b) MATTERS TO BE INCLUDED.—Each such report
shall include, but not be limited to—
(1) the transfer of all aircraft, cruise missiles,
artillery weapons, unguided rockets and multiple
rocket systems, and related bombs, shells, warheads
and other weaponization technology and materials
that the Secretary of State or the Secretary of Defense
132
has reason to believe may be intended for the delivery
of NBC weapons;
(2) international transfers of MTCR equipment
or technology to any country that is seeking to ac-
quire such equipment or any other system that the
Secretary of State or the Secretary of Defense has rea-
son to believe may be used to deliver NBC weapons;
and
(3) the transfer of technology, test equipment, ra-
dioactive materials, feedstocks and cultures, and all
other specialized materials that the Secretary of State
or the Secretary of Defense has reason to believe could
be used to manufacture NBC weapons.
(c) CONTENT OF REPORT.—Each such report shall in-
clude the following with respect to preceding calendar year:
(1) The status of missile, aircraft, and other
NBC weapons delivery and weaponization programs
in any such country, including efforts by such coun-
try or by any subnational group to acquire MTCR-
controlled equipment, NBC-capable aircraft, or any
other weapon or major weapon component which may
be utilized in the delivery of NBC weapons, whose
primary use is the delivery of NBC weapons, or that
the Secretary of State or the Secretary of Defense has
133
reason to believe could be used to deliver NBC weap-
ons.
(2) The status of NBC weapons development, ac-
quisition, manufacture, stockpiling, and deployment
programs in any such country, including efforts by
such country or by any subnational group to acquire
essential test equipment, manufacturing equipment
and technology, weaponization equipment and tech-
nology, and radioactive material, feedstocks or compo-
nents of feedstocks, and biological cultures and toxins.
(3) A description of assistance provided by any
person or government, after the date of the enactment
of this Act, to any such country or subnational group
in the acquisition or development of—
(A) NBC weapons;
(B) missile systems, as defined in the
MTCR or that the Secretary of State or the Sec-
retary of Defense has reason to believe may be
used to deliver NBC weapons; and
(C) aircraft and other delivery systems and
weapons that the Secretary of State or the Sec-
retary of Defense has reason to believe could be
used to deliver NBC weapons.
(4) A listing of those persons and countries
which continue to provide such equipment or tech-
134
nology described in paragraph (3) to any country or
subnational group as of the date of submission of the
report, including the extent to which foreign persons
and countries were found to have knowingly and ma-
terially assisted such programs.
(5) A description of the use of, or substantial
preparations to use, the equipment of technology de-
scribed in paragraph (3) by any foreign country or
subnational group.
(6) A description of the diplomatic measures that
the United States, and that other adherents to the
MTCR and other arrangements affecting the acquisi-
tion and delivery of NBC weapons, have made with
respect to activities and private persons and govern-
ments suspected of violating the MTCR and such
other arrangements.
(7) An analysis of the effectiveness of the regu-
latory and enforcement regimes of the United States
and other countries that adhere to the MTCR and
other arrangements affecting the acquisition and de-
livery of NBC weapons in controlling the export of
MTCR and other NBC weapons and delivery system
equipment or technology.
(8) A summary of advisory opinions issued
under section 11B(b)(4) of the Export Administration
135
Act of 1979 (50 U.S.C. App. 2401b(b)(4)) and under
section 73(d) of the Arms Export Control Act (22
U.S.C. 2797b(d)).
(9) An explanation of United States policy re-
garding the transfer of MTCR equipment or tech-
nology to foreign missile programs, including pro-
grams involving launches of space vehicles.
(10) A description of each transfer by any per-
son or government during the preceding 12-month pe-
riod which is subject to sanctions under the Iran-Iraq
Arms Non-Proliferation Act of 1992 (title XVI of
Public Law 102–484).
(d) EXCLUSIONS.—The countries excluded under sub-
section (a) are Australia, Belgium, Canada, the Czech Re-
public, Denmark, France, Germany, Greece, Hungary, Ice-
land, Italy, Japan, Luxembourg, the Netherlands, Norway,
Poland, Portugal, Spain, Turkey, the United Kingdom, and
the United States.
(e) CLASSIFICATION OF REPORT.—The Secretary of
State shall make every effort to submit all of the informa-
tion required by this section in unclassified form. Whenever
the Secretary submits any such information in classified
form, the Secretary shall submit such classified information
in an addendum and shall also submit concurrently a de-
136
tailed summary, in unclassified form, of that classified in-
formation.
(f) DEFINITIONS.—In this section:
(1) 
DESIGNATED
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘designated congressional commit-
tees’’ means—
(A) the Committee on Appropriations, the
Committee on Armed Services, and the Com-
mittee on International Relations of the House of
Representatives; and
(B) the Committees on Appropriations, the
Committee on Armed Services, and the Com-
mittee on Foreign Relations of the Senate.
(2) MISSILE; MTCR; MTCR EQUIPMENT OR TECH-
NOLOGY.—The 
terms 
‘‘missile’’, 
‘‘MTCR’’, 
and
‘‘MTCR equipment or technology’’ have the meanings
given those terms in section 74 of the Arms Export
Control Act (22 U.S.C. 2797c).
(3) PERSON.—The term ‘‘person’’ means any
United States or foreign individual, partnership, cor-
poration, or other form of association, or any of its
successor entities, parents, or subsidiaries.
(4) WEAPONIZE; 
WEAPONIZATION.—The term
‘‘weaponize’’ or ‘‘weaponization’’ means to incor-
137
porate into, or the incorporation into, usable ord-
nance or other militarily useful means of delivery.
(g) REPEALS.—
(1) IN GENERAL.—The following provisions of
law are repealed:
(A) Section 1097 of the National Defense
Authorization Act for Fiscal Years 1992 and
1993 (22 U.S.C. 2751 note).
(B) Section 308 of the Chemical and Bio-
logical Weapons Control and Warfare Elimi-
nation Act of 1991 (22 U.S.C. 5606).
(C) Section 1607(a) of the Iran-Iraq Arms
Non-Proliferation Act of 1992 (Public Law 102–
484).
(D) Paragraph (d) of section 585 of the
Foreign Operations, Export Financing, and Re-
lated Programs Appropriations Act, 1997 (as
contained in section 101(c) of title I of division
A of Public Law 104–208).
(2) CONFORMING AMENDMENTS.—Section 585 of
the Foreign Operations, Export Financing, and Re-
lated 
Programs 
Appropriations 
Act, 
1997, 
is
amended—
(A) in paragraph (b), by adding ‘‘and’’ at
the end; and
138
(B) in paragraph (c), by striking ‘‘; and’’
and inserting a period.
SEC. 833. FIVE-YEAR INTERNATIONAL ARMS CONTROL AND
NONPROLIFERATION STRATEGY.
Not later than 180 days after the date of the enactment
of this Act, the Secretary of State shall prepare and submit
to the appropriate congressional committees a five-year
international arms control and nonproliferation strategy.
The strategy shall contain the following:
(1) A five-year plan for the reduction of existing
nuclear, chemical, and biological weapons and bal-
listic missiles and for controlling the proliferation of
these weapons.
(2) Identification of the goals and objectives of
the United States with respect to arms control and
nonproliferation of weapons of mass destruction and
their delivery systems.
(3) A description of the programs, projects, and
activities of the Department of State intended to ac-
complish goals and objectives described in paragraph
(2).
139
Subtitle B—Strengthening the
Munitions Licensing Process
SEC. 841. LICENSE OFFICER STAFFING.
(a) FUNDING.—Of the amounts authorized to be ap-
propriated under the appropriations account entitled ‘‘DIP-
LOMATIC AND CONSULAR PROGRAMS’’ for fiscal years 2002
and 2003, not less than $10,000,000 shall be made available
each such fiscal year for the Office of Defense Trade Controls
of the Department of State for salaries and expenses.
(b) ASSIGNMENT OF LICENSE REVIEW OFFICERS.—Ef-
fective January 1, 2002, the Secretary of State shall assign
to the Office of Defense Trade Controls of the Department
of State a sufficient number of license review officers to en-
sure that the average weekly caseload for each officer does
not exceed 40.
(c) DETAILEES.—Given the priority placed on expe-
dited license reviews in recent years by the Department of
Defense, the Secretary of Defense should ensure that 10
military officers are continuously detailed to the Office of
Defense Trade Controls of the Department of State on a
nonreimbursable basis.
SEC. 842. FUNDING FOR DATABASE AUTOMATION.
Of the amounts authorized to be appropriated under
the appropriations account entitled ‘‘CAPITAL INVESTMENT
FUND’’ for fiscal years 2002 and 2003, not less than
140
$4,000,000 shall be made available each such fiscal year
for the Office of Defense Trade Controls of the Department
of State for the modernization of information management
systems.
SEC. 843. INFORMATION MANAGEMENT PRIORITIES.
(a) OBJECTIVE.—The Secretary of State shall establish
a secure, Internet-based system for the filing and review of
applications for export of Munitions List items.
(b) ESTABLISHMENT
OF
A
MAINFRAME.—Of the
amounts made available pursuant to section 842, not less
than $3,000,000 each such fiscal year shall be made avail-
able to fully automate the Defense Trade Application Sys-
tem, and to ensure that the system—
(1) is an electronic system for the filing and re-
view of Munitions List license applications;
(2) is secure, with modules available through the
Internet; and
(3) is capable of exchanging data with—
(A) the Foreign Disclosure and Technology
Information System and the USXPORTS sys-
tems of the Department of Defense;
(B) the Export Control System of the Cen-
tral Intelligence Agency; and
(C) the Proliferation Information Network
System of the Department of Energy.
141
(c) MUNITIONS LIST DEFINED.—In this section, the
term ‘‘Munitions List’’ means the United States Munitions
List of defense articles and defense services controlled under
section 38 of the Arms Export Control Act (22 U.S.C. 2778).
SEC. 844. IMPROVEMENTS TO THE AUTOMATED EXPORT
SYSTEM.
(a) MANDATORY FILING.—The Secretary of Commerce,
with the concurrence of the Secretary of State and the Sec-
retary of the Treasury, shall publish regulations in the Fed-
eral Register to require, upon the effective date of those regu-
lations, the mandatory filing through the Automated Ex-
port System for the remainder of exports that were not cov-
ered by regulations issued pursuant to section 1252(b) of
the Security Assistance Act of 1999 (113 Stat. 1501A–506),
as enacted into law by section 1000(a)(7) of Public Law
106–113.
(b) REQUIREMENT FOR INFORMATION SHARING.—The
Secretary of State shall conclude an information sharing
arrangement with the heads of United States Customs Serv-
ice and the Census Bureau to adjust the Automated Export
System to parallel information currently collected by the
Department of State.
(c) SECRETARY OF TREASURY FUNCTIONS.—Section
303 of title 13, United States Code, is amended by striking
‘‘, other than by mail,’’.
142
(d) FILING EXPORT INFORMATION, DELAYED FILINGS,
PENALTIES FOR FAILURE TO FILE.—Section 304 of title
13, United States Code, is amended—
(1) in subsection (a)—
(A) in the first sentence, by striking ‘‘the
penal sum of $1,000’’ and inserting ‘‘a penal
sum of $10,000’’; and
(B) in the third sentence, by striking ‘‘a
penalty not to exceed $100 for each day’s delin-
quency beyond the prescribed period, but not
more than $1,000, shall be exacted’’ and insert-
ing ‘‘the Secretary of Commerce (and officers
and employees of the Department of Commerce
designated by the Secretary) may impose a civil
penalty not to exceed $1,000 for each day’s delin-
quency beyond the prescribed period, but not
more than $10,000 per violation’’;
(2) by redesignating subsection (b) as subsection
(c); and
(3) by inserting after subsection (a) the fol-
lowing:
‘‘(b) Any person, other that a person described in
subsection (a), required to submit export information, shall
file such information in accordance with any rule, regula-
tion, or order issued pursuant to this chapter. In the event
143
any such information or reports are not filed within such
prescribed period, the Secretary of Commerce (and officers
and employees of the Department of Commerce designated
by the Secretary) may impose a civil penalty not to exceed
$1,000 for each day’s delinquency beyond the prescribed
period, but not more than $10,000 per violation.’’.
(e) ADDITIONAL PENALTIES.—
(1) IN
GENERAL.—Section 305 of title 13,
United States Code, is amended to read as follows:
‘‘§ 305. Penalties for unlawful export information ac-
tivities
‘‘(a) CRIMINAL PENALTIES.—(1) Any person who
knowingly fails to file or knowingly submits false or mis-
leading export information through the Shippers Export
Declaration (SED) (or any successor document) or the
Automated Export System (AES) shall be subject to a fine
not to exceed $10,000 per violation or imprisonment for not
more than 5 years, or both.
‘‘(2) Any person who knowingly reports any informa-
tion on or uses the SED or the AES to further any illegal
activity shall be subject to a fine not to exceed $10,000 per
violation or imprisonment for not more than 5 years, or
both.
144
‘‘(3) Any person who is convicted under this subsection
shall, in addition to any other penalty, forfeit to the United
States—
‘‘(A) any of that person’s interest in, security of,
claim against, or property or contractual rights of
any kind in the goods or tangible items that were the
subject of the violation;
‘‘(B) any of that person’s interest in, security of,
claim against, or property or contractual rights of
any kind in tangible property that was used in the
export or attempt to export that was the subject of the
violation; and
‘‘(C) any of that person’s property constituting,
or derived from, any proceeds obtained directly or in-
directly as a result of the violation.
‘‘(b) CIVIL PENALTIES.—The Secretary (and officers
and employees of the Department of Commerce specifically
designated by the Secretary) may impose a civil penalty
not to exceed $10,000 per violation on any person violating
the provisions of this chapter or any rule, regulation, or
order issued thereunder, except as provided in section 304.
Such penalty may be in addition to any other penalty im-
posed by law.
‘‘(c) CIVIL PENALTY PROCEDURE.—(1) When a civil
penalty is sought for a violation of this section or of section
145
304, the charged party is entitled to receive a formal com-
plaint specifying the charges and, at his or her request, to
contest the charges in a hearing before an administrative
law judge. Any such hearing shall be conducted in accord-
ance with sections 556 and 557 of title 5, United States
Code.
‘‘(2) If any person fails to pay a civil penalty imposed
under this chapter, the Secretary may ask the Attorney
General to commence a civil action in an appropriate dis-
trict court of the United States to recover the amount im-
posed (plus interest at currently prevailing rates from the
date of the final order). No such action may be commenced
more than 5 years after the order imposing the civil penalty
becomes final. In such action, the validity, amount, and
appropriateness of such penalty shall not be subject to re-
view.
‘‘(3) The Secretary may remit or mitigate any pen-
alties imposed under paragraph (1) if, in his or her
opinion—
‘‘(A) the penalties were incurred without willful
negligence or fraud; or
‘‘(B) other circumstances exist that justify a re-
mission or mitigation.
‘‘(4) If, pursuant to section 306, the Secretary dele-
gates functions under this section to another agency, the
146
provisions of law of that agency relating to penalty assess-
ment, remission or mitigation of such penalties, collection
of such penalties, and limitations of actions and com-
promise of claims, shall apply.
‘‘(5) Any amount paid in satisfaction of a civil pen-
alty imposed under this section or section 304 shall be de-
posited into the general fund of the Treasury and credited
as miscellaneous receipts.
‘‘(d) ENFORCEMENT.—(1) The Secretary of Commerce
may designate officers or employees of the Office of Export
Enforcement to conduct investigations pursuant to this
chapter. In conducting such investigations, those officers or
employees may, to the extent necessary or appropriate to
the enforcement of this chapter, exercise such authorities as
are conferred upon them by other laws of the United States,
subject to policies and procedures approved by the Attorney
General.
‘‘(2) The Commissioner of Customs may designate offi-
cers or employees of the Customs Service to enforce the pro-
visions of this chapter, or to conduct investigations pursu-
ant to this chapter.
‘‘(e) REGULATIONS.—The Secretary of Commerce shall
promulgate regulations for the implementation and enforce-
ment of this section.