[House Report 107-671]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-671
======================================================================
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 2003
_______
September 23, 2002.--Ordered to be printed
_______
Mr. Hyde, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 1646]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
1646), to authorize appropriations for the Department of State
for fiscal years 2002 and 2003, and for other purposes, having
met, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
to the text and an amendment to the title as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Relations
Authorization Act, Fiscal Year 2003''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into two divisions as
follows:
(1) Division a.--Department of State Authorization
Act, Fiscal Year 2003.
(2) Division b.--Security Assistance Act of 2002.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Definitions.
DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR 2003
Sec. 101. Short title.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
Sec. 111. Administration of foreign affairs.
Sec. 112. United States educational, cultural, and public diplomacy
programs.
Sec. 113. Contributions to international organizations.
Sec. 114. International Commissions.
Sec. 115. Migration and refugee assistance.
Sec. 116. Grants to The Asia Foundation.
Subtitle B--United States International Broadcasting Activities
Sec. 121. Authorizations of appropriations.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
Sec. 201. Emergency evacuation services.
Sec. 202. Special agent authorities.
Sec. 203. International Litigation Fund.
Sec. 204. State Department records of overseas deaths of United States
citizens from nonnatural causes.
Sec. 205. Foreign Relations Historical Series.
Sec. 206. Expansion of eligibility for award of certain construction
contracts.
Sec. 207. International Chancery Center.
Sec. 208. Travel to Great Lakes fisheries meetings.
Sec. 209. Correction of Fishermen's Protective Act of 1967.
Sec. 210. Use of funds received by the International Boundary and Water
Commission.
Sec. 211. Fee collections relating to intercountry adoptions and
affidavits of support.
Sec. 212. Annual reports on compliance with The Hague Convention on the
Civil Aspects of International Child Abduction.
Sec. 213. Repeal of provision regarding housing for Foreign Agricultural
Attaches.
Sec. 214. United States policy with respect to Jerusalem as the capital
of Israel.
Sec. 215. Report concerning efforts to promote Israel's diplomatic
relations with other countries.
Sec. 216. Continuation of reporting requirements.
Subtitle B--Educational, Cultural, and Public Diplomacy Authorities
Sec. 221. Fulbright-Hays Act authorities.
Sec. 222. Extension of requirement for scholarships for Tibetans and
Burmese.
Sec. 223. Plan for achievement of public diplomacy objectives.
Sec. 224. Advisory Committee on Cultural Diplomacy.
Sec. 225. Allocation of funds for ``American Corners'' in the Russian
Federation.
Sec. 226. Report relating to Commission on Security and Cooperation in
Europe.
Sec. 227. Amendments to the Vietnam Education Foundation Act of 2000.
Sec. 228. Ethical issues in international health research.
Sec. 229. Conforming amendments.
Subtitle C--Consular Authorities
Sec. 231. Report on visa issuance to inadmissible aliens.
Sec. 232. Denial of entry into United States of Chinese and other
nationals engaged in coerced organ or bodily tissue
transplantation.
Sec. 233. Processing of visa applications.
Sec. 234. Machine readable visas.
Subtitle D--Migration and Refugees
Sec. 241. Prohibition on funding the involuntary return of refugees.
Sec. 242. United States membership in the International Organization for
Migration.
Sec. 243. 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.
Subtitle B--Personnel Matters
Sec. 311. Thomas Jefferson Star for Foreign Service.
Sec. 312. Presidential rank awards.
Sec. 313. Foreign Service National Savings Fund.
Sec. 314. Clarification of separation for cause.
Sec. 315. Dependents on family visitation travel.
Sec. 316. Health education and disease prevention programs.
Sec. 317. Correction of time limitation for grievance filing.
Sec. 318. Training authorities.
Sec. 319. Unaccompanied air baggage.
Sec. 320. Emergency medical advance payments.
Sec. 321. Retirement credit for certain Government service performed
abroad.
Sec. 322. Computation of Foreign Service retirement annuities as if
Washington, D.C., locality-based comparability payments were
made to overseas-stationed Foreign Service members.
Sec. 323. Plan for improving recruitment of veterans into the Foreign
Service.
Sec. 324. Report concerning minority employment.
Sec. 325. Use of funds authorized for minority recruitment.
Sec. 326. Assignments and details of personnel to the American Institute
in Taiwan.
Sec. 327. Annual reports on foreign language competence.
Sec. 328. Travel of children of members of the Foreign Service assigned
abroad.
TITLE IV--INTERNATIONAL ORGANIZATIONS
Sec. 401. Payment of third installment of arrearages.
Sec. 402. Limitation on the United States share of assessments for
United Nations peacekeeping operations in calendar years 2001
through 2004.
Sec. 403. Limitation on the United States share of assessments for
United Nations regular budget.
Sec. 404. Promotion of sound financial practices by the United Nations.
Sec. 405. Reports to Congress on United Nations activities.
Sec. 406. Use of secret ballots within the United Nations.
Sec. 407. Sense of Congress relating to membership of the United States
in UNESCO.
Sec. 408. United States membership on the United Nations Commission on
Human Rights and International Narcotics Control Board.
Sec. 409. Plan for enhanced Department of State efforts to place United
States citizens in positions of employment in the United
Nations and its specialized agencies.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
Sec. 501. Modification of limitation on grant amounts to RFE/RL,
Incorporated.
Sec. 502. Pay parity for senior executives of RFE/RL, Incorporated.
Sec. 503. Authority to contract for local broadcasting services outside
the United States.
Sec. 504. Personal services contracting pilot program.
Sec. 505. Travel by Voice of America correspondents.
Sec. 506. Report on broadcasting personnel.
Sec. 507. Conforming amendments.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Middle East Peace Commitments Act of 2002
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Reports.
Sec. 604. Imposition of sanctions.
Subtitle B--Tibet Policy
Sec. 611. Short title.
Sec. 612. Statement of purpose.
Sec. 613. Tibet negotiations.
Sec. 614. Reporting on Tibet.
Sec. 615. Congressional-Executive Commission on the People's Republic of
China.
Sec. 616. Economic development in Tibet.
Sec. 617. Release of prisoners and access to prisons.
Sec. 618. Establishment of a United States branch office in Lhasa,
Tibet.
Sec. 619. Requirement for Tibetan language training.
Sec. 620. Religious persecution in Tibet.
Sec. 621. United States Special Coordinator for Tibetan Issues.
Subtitle C--East Timor Transition to Independence Act of 2002
Sec. 631. Short title.
Sec. 632. Bilateral assistance.
Sec. 633. Multilateral assistance.
Sec. 634. Trade and investment assistance.
Sec. 635. Generalized System of Preferences.
Sec. 636. Authority for radio broadcasting.
Sec. 637. Security assistance for East Timor.
Sec. 638. Reporting requirement.
Subtitle D--Clean Water for the Americas Partnership
Sec. 641. Short title.
Sec. 642. Definitions.
Sec. 643. Establishment of program.
Sec. 644. Environmental assessment.
Sec. 645. Establishment of Technology America Centers.
Sec. 646. Promotion of water quality, water treatment systems, and
energy efficiency.
Sec. 647. Grants for prefeasibility studies within a designated
subregion.
Sec. 648. Clean Water Technical Support Committee.
Sec. 649. Authorization of appropriations.
Sec. 650. Report.
Sec. 651. Termination date.
Sec. 652. Effective date.
Subtitle E--Freedom Investment Act of 2002
Sec. 661. Short title.
Sec. 662. Purposes.
Sec. 663. Human rights activities at the Department of State.
Sec. 664. Human Rights and Democracy Fund.
Sec. 665. Reports on actions taken by the United States to encourage
respect for human rights.
Subtitle F--Elimination and Streamlining of Reporting Requirements
Sec. 671. Elimination of certain reporting requirements.
Sec. 672. Biennial reports on programs to encourage good governance.
Subtitle G--Other Matters
Sec. 681. Amendments to the International Religious Freedom Act of 1998.
Sec. 682. Amendments to the Victims of Trafficking and Violence
Protection Act of 2000.
Sec. 683. Annual human rights country reports on child soldiers.
Sec. 684. Extension of authority for Caucus on International Narcotics
Control.
Sec. 685. Participation of South Asian countries in international law
enforcement.
Sec. 686. Payment of anti-terrorism judgments.
Sec. 687. Reports on participation by small businesses in procurement
contracts of USAID.
Sec. 688. Program to improve building construction and practices in
Latin American countries.
Sec. 689. Sense of Congress relating to HIV/AIDS and United Nations
peacekeeping operations.
Sec. 690. Sense of Congress relating to Magen David Adom Society.
Sec. 691. Sense of Congress regarding the location of Peace Corps
offices abroad.
Sec. 692. Sense of Congress relating to resolution of the Taiwan Strait
issue.
Sec. 693. Sense of Congress relating to display of the American flag at
the American Institute in Taiwan.
Sec. 694. Reports on activities in Colombia.
Sec. 695. Report on United States-sponsored activities in Colombia.
Sec. 696. Report on extradition policy and practice.
Sec. 697. Special Court for Sierra Leone.
Sec. 698. United States Envoy for Peace in Sudan.
Sec. 699. Transfer of proscribed weapons to persons or entities in the
West Bank and Gaza.
Sec. 700. Sense of Congress relating to arsenic contamination in
drinking water in Bangladesh.
Sec. 701. Policing reform and human rights in Northern Ireland.
Sec. 702. Annual reports on United States-Vietnam human rights dialogue
meetings.
Sec. 703. Sense of Congress regarding human rights violations in
Indonesia.
Sec. 704. Report concerning the German Foundation ``Remembrance,
Responsibility, and the Future''.
Sec. 705. Sense of Congress on return of portraits of holocaust victims
to the artist Dina Babbitt.
Sec. 706. International drug control certification procedures.
DIVISION B--SECURITY ASSISTANCE ACT OF 2002
TITLE X--GENERAL PROVISIONS
Sec. 1001. Short title.
Sec. 1002. Definitions.
TITLE XI--VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION AGREEMENTS
Sec. 1101. Verification and Compliance Bureau personnel.
Sec. 1102. Key Verification Assets Fund.
Sec. 1103. Revised verification and compliance reporting requirements.
TITLE XII--MILITARY AND RELATED ASSISTANCE
Subtitle A--Foreign Military Sales and Financing Authorities
Sec. 1201. Authorization of appropriations.
Sec. 1202. Relationship of Foreign Military Sales to United States
nonproliferation interests.
Sec. 1203. Official reception and representation expenses.
Sec. 1204. Arms Export Control Act prohibition on transactions with
countries that have repeatedly provided support for acts of
international terrorism.
Sec. 1205. Congressional notification of small arms and light weapons
license approvals; reports.
Sec. 1206. Treatment of Taiwan relating to transfers of defense articles
and defense services.
Subtitle B--International Military Education and Training
Sec. 1211. Authorization of appropriations.
Sec. 1212. Human rights violations.
Sec. 1213. Participation in post-undergraduate flying training and
tactical leadership programs.
Subtitle C--Assistance for Select Countries
Sec. 1221. Assistance for Israel and Egypt.
Sec. 1222. Security assistance for Greece and Turkey.
Sec. 1223. Security assistance for certain other countries.
Sec. 1224. Assistance for Lebanon.
Subtitle D--Excess Defense Article and Drawdown Authorities
Sec. 1231. Excess defense articles for certain countries.
Sec. 1232. Annual listing of possible excess defense articles.
Sec. 1233. Leases of defense articles for foreign countries and
international organizations.
Sec. 1234. Priority with respect to transfer of excess defense articles.
Subtitle E--Other Political-Military Assistance
Sec. 1241. Destruction of surplus weapons stockpiles.
Subtitle F--Antiterrorism Assistance
Sec. 1251. Authorization of appropriations.
Subtitle G--Other Matters
Sec. 1261. Additions to United States War Reserve Stockpiles for Allies.
Sec. 1262. Revised military assistance reporting requirements.
Sec. 1263. Consultation with Congress with regard to Taiwan.
TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
Subtitle A--General Provisions
Sec. 1301. Authorization of appropriations.
Sec. 1302. Nonproliferation technology acquisition programs for friendly
foreign countries.
Sec. 1303. International nonproliferation and export control training.
Sec. 1304. Relocation of scientists.
Sec. 1305. International Atomic Energy Agency regular budget assessments
and voluntary contributions.
Sec. 1306. Amendments to the Iran Nonproliferation Act of 2000.
Sec. 1307. Amendments to the North Korea Threat Reduction Act of 1999.
Sec. 1308. Annual reports on the proliferation of missiles and essential
components of nuclear, biological, chemical, and radiological
weapons.
Subtitle B--Russian Federation Debt Reduction for Nonproliferation
Sec. 1311. Short title.
Sec. 1312. Findings and purposes.
Sec. 1313. Definitions.
Sec. 1314. Authority to reduce the Russian Federation's Soviet-era debt
obligations to the United States.
Sec. 1315. Russian Federation Nonproliferation Investment Agreement.
Sec. 1316. Independent media and the rule of law.
Sec. 1317. Restriction on debt reduction authority.
Sec. 1318. Discussion of Russian Federation debt reduction for
nonproliferation with other creditor states.
Sec. 1319. Implementation of United States policy.
Sec. 1320. Consultations with Congress.
Sec. 1321. Annual reports to Congress.
Subtitle C--Nonproliferation Assistance Coordination
Sec. 1331. Short title.
Sec. 1332. Findings.
Sec. 1333. Definitions.
Sec. 1334. Establishment of Committee on Nonproliferation Assistance.
Sec. 1335. Purposes and authority.
Sec. 1336. Administrative support.
Sec. 1337. Confidentiality of information.
Sec. 1338. Statutory construction.
Sec. 1339. Reporting and consultation.
Subtitle D--Iran Nuclear Proliferation Prevention Act of 2002
Sec. 1341. Short title.
Sec. 1342. Withholding of voluntary contributions to the International
Atomic Energy Agency for programs and projects in Iran.
Sec. 1343. Annual review by Secretary of State of programs and projects
of the International Atomic Energy Agency; United States
opposition to certain programs and projects of the Agency.
Sec. 1344. Reporting requirements.
Sec. 1345. Sense of Congress.
TITLE XIV--EXPEDITING THE MUNITIONS LICENSING PROCESS
Sec. 1401. License officer staffing.
Sec. 1402. Funding for database automation.
Sec. 1403. Information management priorities.
Sec. 1404. Improvements to the Automated Export System.
Sec. 1405. Adjustment of threshold amounts for congressional review
purposes.
Sec. 1406. Congressional notification of removal of items from the
Munitions List.
TITLE XV--NATIONAL SECURITY ASSISTANCE STRATEGY
Sec. 1501. Briefing on the strategy.
Sec. 1502. Security assistance surveys.
TITLE XVI--MISCELLANEOUS PROVISIONS
Sec. 1601. Nuclear and missile nonproliferation in South Asia.
Sec. 1602. Real-time public availability of raw seismological data.
Sec. 1603. Detailing United States governmental personnel to
international arms control and nonproliferation organizations.
Sec. 1604. Diplomatic presence overseas.
Sec. 1605. Compliance with the Chemical Weapons Convention.
TITLE XVII--AUTHORITY TO TRANSFER NAVAL VESSELS
Sec. 1701. Authority to transfer naval vessels to certain foreign
countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Secretary.--Except as otherwise provided, the
term ``Secretary'' means the Secretary of State.
DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR 2003
SEC. 101. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act, Fiscal Year 2003''.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS.
(a) In General.--The following amounts are authorized to be
appropriated for the Department under ``Administration of
Foreign Affairs'' 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, including public diplomacy activities and the
diplomatic security program:
(1) Diplomatic and consular programs.--
(A) Authorization of appropriations.--For
``Diplomatic and Consular Programs'',
$4,030,023,000 for the fiscal year 2003.
(B) Worldwide security upgrades.--Of the
amount authorized to be appropriated by
subparagraph (A), $564,000,000 for the
fiscal year 2003 is authorized to be appropriated
for worldwide security upgrades.
(C) Bureau of democracy, human rights, and
labor.--Of the amount authorized to be
appropriated by subparagraph (A), $20,000,000
for the fiscal year 2003 is authorized to be
appropriated for salaries and expenses of the
Bureau of Democracy, Human Rights, and Labor.
(D) Recruitment of minority groups.--Of the
amount authorized to be appropriated by
subparagraph (A), $2,000,000 for the fiscal
year 2003 is authorized to be appropriated for
the recruitment of members of minority groups
for careers in the Foreign Service and
international affairs.
(2) Capital investment fund.--For ``Capital
Investment Fund'', $200,000,000 for the fiscal year
2003.
(3) Embassy security, construction and
maintenance.--
(A) In general.--For ``Embassy Security,
Construction and Maintenance'', $555,000,000
for the fiscal year 2003, in addition to
amounts otherwise authorized to be appropriated
for such purpose by section 604 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 Public Law 106-113 and contained
in appendix G of that Act; 113 Stat. 1501A-
470).
(B) Amendment of the nance-donovan foreign
relations authorization Act.--Section 604(a)(4)
of that Act (113 Stat. 1501A-453) is amended by
striking ``$900,000,000'' and inserting
``$1,000,000,000''.
(4) Representation allowances.--For
``Representation Allowances'', $9,000,000 for the
fiscal year 2003.
(5) Protection of foreign missions and officials.--
For ``Protection of Foreign Missions and Officials'',
$11,000,000 for the fiscal year 2003.
(6) Emergencies in the diplomatic and consular
service.--For ``Emergencies in the Diplomatic and
Consular Service'', $15,000,000 for the fiscal year
2003.
(7) Repatriation loans.--For ``Repatriation
Loans'', $1,250,000 for the fiscal year 2003.
(8) Payment to the american institute in taiwan.--
For ``Payment to the American Institute in Taiwan'',
$18,817,000 for the fiscal year 2003.
(9) Office of the inspector general.--For ``Office
of the Inspector General'', $30,800,000 for the fiscal
year 2003.
(b) Availability of Funds for Protection of Foreign
Missions and Officials.--The amount appropriated pursuant to
subsection (a)(5) is authorized to remain available through
September 30, 2004.
SEC. 112. UNITED STATES EDUCATIONAL, CULTURAL, AND PUBLIC DIPLOMACY
PROGRAMS.
The following amounts are authorized to be appropriated for
the Department to carry out public diplomacy programs of the
Department under the United States Information and Educational
Exchange Act of 1948, the Mutual Educational and Cultural
Exchange Act of 1961, Reorganization Plan Number 2 of 1977, the
Foreign Affairs Reform and Restructuring Act of 1998, 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 National 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 programs.--
(i) In general.--For the
``Fulbright Academic Exchange
Programs'' (other than programs
described in subparagraph (B)),
$135,000,000 for the fiscal year 2003.
(ii) Vietnam fulbright academic
exchange program.--Of the amount
authorized to be appropriated by clause
(i), $5,000,000 for the fiscal year
2003 is authorized to be available to
carry out the Vietnam scholarship
program established by section 229 of
the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (Public
Law 102-138).
(iii) New century scholars
initiative--hiv/aids.--Of the amount
authorized to be appropriated under
clause (i), $1,000,000 for the fiscal
year 2003 is authorized to be available
for HIV/AIDS research and mitigation
strategies under the Health Issues in a
Border-Less World academic program of
the New Century Scholars Initiative.
(B) Other educational and cultural exchange
programs.--
(i) In general.--For other
educational and cultural exchange
programs authorized by law,
$125,000,000 for the fiscal year 2003.
(ii) Tibetan exchanges.--Of the
amount authorized to be appropriated by
clause (i), $500,000 for the fiscal
year 2003 is authorized to be available
for ``Ngawang Choephel Exchange
Programs'' (formerly known as
``programs of educational and cultural
exchange between the United States and
the people of Tibet'') under section
103(a) of the Human Rights, Refugee,
and Other Foreign Relations Provisions
Act of 1996 (Public Law 104-319).
(iii) East timorese scholarships.--
Of the amount authorized to be
appropriated by clause (i), $500,000
for the fiscal year 2003 is authorized
to be available for ``East Timorese
Scholarships''.
(iv) Montenegro parliamentary
development.--Of the amount authorized
to be appropriated by clause (i),
$500,000 for the fiscal year 2003 is
authorized to be available for a
program of parliamentary development
and exchanges in Montenegro.
(v) South pacific exchanges.--Of
the amount authorized to be
appropriated under clause (i), $750,000
for the fiscal year 2003 is authorized
to be available for ``South Pacific
Exchanges''.
(vi) Israel-arab peace partners
program.--Of the amount authorized to
be appropriated under clause (i),
$750,000 for the fiscal year 2003 is
authorized to be available 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''.
(vii) Sudanese scholarships.--Of
the amount authorized to be
appropriated under clause (i), $500,000
for the fiscal year 2003 is authorized
to be available for scholarships for
students from southern Sudan for
secondary or postsecondary education in
the United States, to be known as
``Sudanese Scholarships''.
(2) National endowment for democracy.--
(A) In general.--For the ``National
Endowment for Democracy'', $42,000,000 for the
fiscal year 2003.
(B) Reagan-fascell democracy fellows.--Of
the amount authorized to be appropriated under
subparagraph (A), $1,000,000 for the fiscal
year 2003 is authorized to be available for a
fellowship program 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.
(3) Center for cultural and technical interchange
between east and west.--For the ``Center for Cultural
and Technical Interchange between East and West'',
$15,000,000 for the fiscal year 2003.
(4) Dante b. fascell north-south center.--For the
``Dante B. Fascell North-South Center'', $2,500,000 for
the fiscal year 2003.
SEC. 113. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) Assessed Contributions to International
Organizations.--
(1) Authorization of appropriations.--There is
authorized to be appropriated under the heading
``Contributions to International Organizations''
$891,378,000 for the fiscal year 2003 for the
Department to carry out the authorities, functions,
duties, and responsibilities 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) Availability of funds for civil budget of
nato.--Of the amount authorized to be appropriated
under the heading ``Contributions to International
Organizations'' for fiscal year 2003, and for each
fiscal year thereafter, such sums as may be necessary
are authorized for the United States assessment for the
civil budget of the North Atlantic Treaty Organization.
(b) Contributions for International Peacekeeping
Activities.--There is authorized to be appropriated under the
heading ``Contributions for International Peacekeeping
Activities'' $725,981,000 for the fiscal year 2003 for the
Department to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States with respect to international peacekeeping
activities and to carry out other authorities in law consistent
with such purposes.
(c) Prohibition on Funding Other Framework Treaty-Based
Organizations.--None of the funds made available for the 2002-
2003 biennium budget under subsection (a) for United States
contributions to the regular budget of the United Nations may
be available for the United States proportionate share of any
framework treaty-based organization, including the Framework
Convention on Global Climate Change, the International Seabed
Authority, and the International Criminal Court.
(d) Foreign Currency Exchange Rates.--
(1) Authorization of appropriations.--In addition
to the amount authorized to be appropriated by
subsection (a), there is authorized to be appropriated
such sums as may be necessary for the fiscal year 2003
to offset adverse fluctuations in foreign currency
exchange rates.
(2) Availability of funds.--Amounts appropriated
under this subsection may be available for obligation
and expenditure only to the extent that the Director of
the Office of Management and Budget determines and
certifies to the appropriate congressional committees
that such amounts are necessary due to such
fluctuations.
(e) Refund of Excess Contributions.--The United States
shall continue to insist that the United Nations and its
specialized and affiliated agencies shall credit or refund to
each member of the organization or agency concerned its
proportionate share of the amount by which the total
contributions to the organization or agency exceed the
expenditures of the regular assessed budget of the organization
or agency.
SEC. 114. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated
under ``International Commissions'' for the Department to carry
out the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs of the United States with
respect to international commissions, and for other purposes
authorized by law:
(1) International boundary and water commission,
united states and mexico.--For ``International Boundary
and Water Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'',
$28,387,000 for the fiscal year 2003; and
(B) for ``Construction'', $9,517,000 for
the fiscal year 2003.
(2) International boundary commission, united
states and canada.--For ``International Boundary
Commission, United States and Canada'', $1,157,000 for
the fiscal year 2003.
(3) International joint commission.--For
``International Joint Commission'', $7,544,000 for the
fiscal year 2003.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $19,780,000
for the fiscal year 2003.
SEC. 115. MIGRATION AND REFUGEE ASSISTANCE.
(a) In General.--There is authorized to be appropriated for
the Department for ``Migration and Refugee Assistance'' for
authorized activities, $820,000,000 for the fiscal year 2003.
(b) Refugees Resettling in Israel.--Of the amount
authorized to be appropriated by subsection (a), $60,000,000 is
authorized to be available for the fiscal year 2003 for the
resettlement of refugees in Israel.
(c) Tibetan Refugees in India and Nepal.--Of the amount
authorized to be appropriated by subsection (a), $2,000,000 for
the fiscal year 2003 is authorized to be available for
humanitarian assistance, including food, medicine, clothing,
and medical and vocational training, to Tibetan refugees in
India and Nepal who have fled Chinese-occupied Tibet.
(d) Humanitarian Assistance for Displaced Burmese.--Of the
amount authorized to be appropriated by subsection (a),
$2,000,000 for the fiscal year 2003 is 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.
(e) Availability of Funds.--Funds appropriated pursuant to
this section are authorized to remain available until expended.
SEC. 116. GRANTS TO THE ASIA FOUNDATION.
Section 404 of The Asia Foundation Act (title IV of Public
Law 98-164; 22 U.S.C. 4403) is amended to read as follows:
``Sec. 404. There is authorized to be appropriated to the
Secretary of State $15,000,000 for the fiscal year 2003 for
grants to The Asia Foundation pursuant to this title.''.
Subtitle B--United States International Broadcasting Activities
SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated to carry out United States Government broadcasting
activities under the United States Information and Educational
Exchange Act of 1948, the United States International
Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act,
the Television Broadcasting to Cuba Act, and the Foreign
Affairs Reform and Restructuring Act of 1998, and to carry out
other authorities in law consistent with such purposes:
(1) International broadcasting operations.--
(A) In general.--For ``International
Broadcasting Operations'', $485,823,000 for the
fiscal year 2003.
(B) Allocation of funds.--Of the amount
authorized to be appropriated by subparagraph
(A) for the fiscal year 2003, there is
authorized to be available for Radio Free Asia
$35,000,000 for the fiscal year 2003.
(2) Broadcasting capital improvements.--For
``Broadcasting Capital Improvements'', $13,740,000 for
the fiscal year 2003.
(3) Broadcasting to cuba.--For ``Broadcasting to
Cuba'', $25,923,000 for the fiscal year 2003.
(b) Continuation of Additional Authorization for
Broadcasting to the People's Republic of China and Neighboring
Countries.--Section 701 of Public Law 106-286 (22 U.S.C. 7001)
is amended--
(1) in subsection (a) by striking ``2001'' and
inserting ``2003''; and
(2) in subsection (b)(1), by striking ``2001 and
2002'' and inserting ``2001, 2002, and 2003''.
(c) Additional Authorization of Appropriations for Middle
East Radio Network of Voice of America.--In addition to such
amounts as are made available for the Middle East Radio Network
of Voice of America pursuant to the authorization of
appropriations under subsection (a), there is authorized to be
appropriated $20,000,000 for the fiscal year 2003 for the
Middle East Radio Network of Voice of America.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
SEC. 201. EMERGENCY EVACUATION SERVICES.
Section 4(b)(2)(A) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2671(b)(2)(A)) is amended to
read as follows:
``(A) the evacuation when their lives are
endangered by war, civil unrest, or natural disaster
of--
``(i) United States Government employees
and their dependents; and
``(ii) private United States citizens or
third-country nationals, on a reimbursable
basis to the maximum extent practicable, with
such reimbursements to be credited to the
applicable Department of State appropriation
and to remain available until expended, except
that no reimbursement under this clause shall
be paid that is greater than the amount the
person evacuated would have been charged for a
reasonable commercial air fare immediately
prior to the events giving rise to the
evacuation;''.
SEC. 202. SPECIAL AGENT AUTHORITIES.
(a) General Authority.--Section 37(a) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) is
amended--
(1) by amending paragraph (2) to read as follows:
``(2) obtain and execute search and arrest
warrants, as well as obtain and serve subpoenas and
summonses issued under the authority of the United
States;'';
(2) in paragraph (3)(F), by inserting ``or
President-elect'' after ``President''; and
(3) by amending paragraph (5) to read as follows:
``(5) make arrests without warrant for any offense
against the United States committed in their presence,
or for any felony cognizable under the laws of the
United States if they have reasonable grounds to
believe that the person to be arrested has committed or
is committing such felony.''.
(b) Agreements.--Section 37(b) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2709(b)) is amended--
(1) by redesignating paragraph (2) as paragraph
(3); and
(2) by striking ``(b) Agreement.--'' and all that
follows through the end of paragraph (1) and inserting
the following:
``(b) Agreements with Attorney General and Secretary of the
Treasury and Firearms Regulations.--
``(1) Agreement with attorney general.--The
authority conferred by paragraphs (1) and (4) of
subsection (a) shall be exercised subject to an
agreement between the Secretary and the Attorney
General.
``(2) Agreement with attorney general and secretary
of the treasury.--The authority conferred by paragraphs
(2) and (5) of subsection (a) shall be exercised
subject to an agreement among the Secretary, the
Attorney General, and the Secretary of the Treasury.''.
(c) Implementation of Search, Seizure, Service, and Arrest
Authority.--(1) The authority conferred by paragraphs (2) and
(5) of section 37(a) of the State Department Basic Authorities
Act of 1956, as amended by subsection (a), may not be exercised
until the date on which the Secretary--
(A) submits the agreement required by subsection
(b)(2) of section 37 of such Act to the appropriate
congressional committees; and
(B) publishes in the Federal Register a notice that
the agreement has been submitted in accordance with the
requirements of subparagraph (A).
(2) The authority conferred by paragraphs (2) and (5) of
subsection (a) of section 37 of the State Department Basic
Authorities Act of 1956, as in effect on the day before the
date of the enactment of this Act, may continue to be exercised
until the date on which the notice described in paragraph
(1)(B) is published in the Federal Register.
SEC. 203. 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 prosecuting a
proceeding before an international tribunal, or a claim
against a foreign government or other foreign entity,
the Secretary may 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. 204. STATE DEPARTMENT RECORDS OF OVERSEAS DEATHS OF UNITED STATES
CITIZENS FROM NONNATURAL CAUSES.
Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a et seq.) is amended by adding at the end
the following new section:
``SEC. 57. STATE DEPARTMENT RECORDS OF OVERSEAS DEATHS OF UNITED STATES
CITIZENS FROM NONNATURAL CAUSES.
``(a) Collection of Information.--The Secretary shall, to
the maximum extent practicable, collect, with respect to each
foreign country, the following information with respect to each
United States citizen who dies in that country from a
nonnatural cause on or after the date of enactment of the
Foreign Relations Authorization Act, Fiscal Year 2003:
``(1) The date of death.
``(2) The locality where the death occurred
(including the state or province and municipality, if
available).
``(3) The cause of death, including information on
the circumstances of the death, and including, if the
death resulted from an act of terrorism, a statement
disclosing that information.
``(4) Such other information as the Secretary shall
prescribe.
``(b) Database.--The Secretary shall establish and maintain
a database containing the information collected under
subsection (a).
``(c) Public Availability of Information.--Beginning three
months after the date of enactment of the Foreign Relations
Authorization Act, Fiscal Year 2003, the Secretary, shall make
available, on a country-by-country basis, on the Internet
website of the Department's Bureau of Consular Affairs, the
information from the database described in subsection (b) with
respect to deaths occurring since the date of enactment of that
Act, or occurring during the preceding three calendar years,
whichever period is shorter. The information shall be updated
at least every six months.''.
SEC. 205. FOREIGN RELATIONS HISTORICAL SERIES.
(a) Annual Reports by the Advisory Committee.--Section
404(d) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 4354(d)) is amended--
(1) by striking ``Reporting Requirement.--'' and
inserting ``Annual Reports by the Advisory Committee.--
''; and
(2) by inserting ``and to the Committee on Foreign
Relations of the Senate and the Committee on
International Relations of the House of
Representatives'' after ``Secretary of State''.
(b) Annual Reports by the Secretary.--Section 404(e) of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
4354(e)) is amended to read as follows:
``(e) Annual Reports by the Secretary.--
``(1) In general.--Not later than March 1 of each
year, the Secretary shall submit a report to the
Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives on the compliance of the Department of
State with the provisions of this title, including--
``(A) the volumes published in the previous
calendar year;
``(B) the degree to which the Department is
not in compliance with the deadline set forth
in section 401(c); and
``(C) the factors relevant to the inability
of the Department to comply with the provisions
of this title, including section 401(c).
``(2) Form of reports.--Each report required to be
submitted by paragraph (1) shall be submitted in
unclassified form, together with a classified annex if
necessary.''.
SEC. 206. EXPANSION OF ELIGIBILITY FOR AWARD OF CERTAIN CONSTRUCTION
CONTRACTS.
(a) In General.--Section 11(b)(4)(A) of the Foreign Service
Buildings Act, 1926 (22 U.S.C. 302(b)(4)(A)) is amended by
inserting ``or at a United States diplomatic or consular
establishment abroad'' after ``United States''.
(b) Conforming Amendment.--Section 402(c)(2)(D) of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4852(c)(2)(D)) is amended by inserting ``or at a United
States diplomatic or consular establishment abroad'' after
``United States''.
SEC. 207. INTERNATIONAL CHANCERY CENTER.
Section 1 of the Act of October 8, 1968 (Public Law 90-553,
as amended; commonly known as the ``International Center Act'')
is amended--
(1) by redesignating clauses (a) and (b) as clauses
(1) and (2), respectively;
(2) by inserting ``(a)'' after ``That''; and
(3) by adding at the end the following new
subsections:
``(b) There is established in the Treasury of the United
States an account into which may be deposited funds provided as
advance payments pursuant to subsection (a).
``(c) The Secretary of State may request the Secretary of
the Treasury to invest such portion of the funds deposited in
that account as is not, in the judgment of the Secretary of
State, required to meet the current needs of the account. Such
investments shall be made by the Secretary of the Treasury in
public debt securities with maturities suitable to the needs of
the account, as determined by the Secretary of State, and
bearing interest at a rate determined by the Secretary of the
Treasury, taking into consideration the current market yields
on outstanding marketable obligations of the United States of
comparable maturity.''.
SEC. 208. TRAVEL TO GREAT LAKES FISHERIES MEETINGS.
Section 4(c) of the Great Lakes Fisheries Act of 1956 (16
U.S.C. 933(c)) is amended--
(1) by striking ``five'' and inserting ``ten''; and
(2) by striking ``each'' and inserting ``the
annual''.
SEC. 209. CORRECTION OF FISHERMEN'S PROTECTIVE ACT OF 1967.
Section 7(a)(3) of the Fishermen's Protective Act of 1967
(22 U.S.C. 1977(a)(3)) is amended by striking ``Secretary of
Commerce'' and inserting ``Secretary of State''.
SEC. 210. USE OF FUNDS RECEIVED BY THE INTERNATIONAL BOUNDARY AND WATER
COMMISSION.
Section 5 of the Act entitled ``An Act providing for a
study regarding the equitable use of the waters of the Rio
Grande below Fort Quitman, Texas, in cooperation with the
United States of Mexico'', approved May 13, 1924 (22 U.S.C.
277d), is amended by inserting ``, the North American
Development Bank, or the Border Environment Cooperation
Commission'' after ``United Mexican States''.
SEC. 211. FEE COLLECTIONS RELATING TO INTERCOUNTRY ADOPTIONS AND
AFFIDAVITS OF SUPPORT.
(a) Adoption Fees.--Section 403(b) of the Intercountry
Adoption Act of 2000 (Public Law 106-279) is amended--
(1) in paragraph (2), by adding at the end the
following new sentence: ``Such fees shall remain
available for obligation until expended.''; and
(2) by striking paragraph (3).
(b) Affidavit of Support Fees.--Section 232 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 Public Law 106-113 and contained in appendix G of
that Act; 113 Stat. 1501A-425) is amended--
(1) in subsection (c), by adding at the end the
following new sentence: ``Such fees shall remain
available for obligation until expended.''; and
(2) by striking subsection (d).
SEC. 212. ANNUAL REPORTS ON COMPLIANCE WITH THE HAGUE CONVENTION ON THE
CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION.
Section 2803(a) of the Foreign Affairs Reform and
Restructuring Act of 1998 (as contained in division G of Public
Law 105-277; 112 Stat. 2681-846) is amended by striking
``during the period ending September 30, 2001''.
SEC. 213. REPEAL OF PROVISION REGARDING HOUSING FOR FOREIGN
AGRICULTURAL ATTACHES.
Section 738 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
2001 (as enacted into law by Public Law 106-387; 114 Stat.
1549A-34) is repealed.
SEC. 214. UNITED STATES POLICY WITH RESPECT TO JERUSALEM 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 appropriated by
this Act may be expended for the operation of a United States
consulate or diplomatic facility in Jerusalem unless such
consulate or diplomatic facility is under the supervision of
the United States Ambassador to Israel.
(c) Limitation on Use of Funds for Publications.--None of
the funds authorized to be appropriated by this Act may be
available for the publication of any official government
document which lists countries and their capital cities unless
the publication identifies 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 shall, upon the request of the citizen or the
citizen's legal guardian, record the place of birth as Israel.
SEC. 215. 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 relations
with approximately 160 countries. Approximately 30
countries do not have any diplomatic relations with
Israel.
(3) The State 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 more than 50 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, the
Secretary shall submit a report to the appropriate
congressional committees that includes the following
information (in classified or unclassified form, as
appropriate):
(1) Actions taken by the United States to encourage
other countries to establish full diplomatic relations
with Israel.
(2) Specific responses solicited and received by
the Secretary from countries that do not maintain full
diplomatic relations with Israel with respect to the
status of negotiations to enter into diplomatic
relations with Israel.
(3) Other measures being undertaken, and measures
that will be undertaken, by the United States to ensure
and promote Israel's full participation in the world
diplomatic community.
SEC. 216. 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 Consolidated 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) 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 ``Not later'' and all that follows
through ``2001,'' and inserting ``Not later than May 1, 2003,
and not later than May 1, 2004,''.
Subtitle B--Educational, Cultural, and Public Diplomacy Authorities
SEC. 221. FULBRIGHT-HAYS ACT AUTHORITIES.
Section 112(d) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2460(d)) is amended--
(1) by inserting ``(1)'' immediately after ``(d)'';
and
(2) by adding at the end the following:
``(2) Notwithstanding paragraph (1), the Bureau may also
exercise the authorities of this Act to administer programs
authorized by, or funded pursuant to, the FREEDOM Support Act,
the Support for East European Democracy Act, the Foreign
Assistance Act of 1961, or any other Act authorizing
educational or cultural exchanges or activities, to the extent
that such programs are consistent with the purposes of this
Act.''.
SEC. 222. EXTENSION OF REQUIREMENT FOR SCHOLARSHIPS 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 the fiscal year 2003''.
SEC. 223. PLAN FOR ACHIEVEMENT OF PUBLIC DIPLOMACY OBJECTIVES.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the appropriate
congressional committees a report containing a plan for the
Department designed to achieve the following objectives:
(1) Full integration of public diplomacy policy
into overall policy formulation and implementation.
(2) Closer communication and policy coordination
between public diplomacy officers and other officers in
the regional bureaus of the Department and at overseas
posts.
(3) The creation of channels of direct
communication between the public diplomacy officers in
regional bureaus of the Department and the Under
Secretary of State for Public Diplomacy.
(4) Minimizing any adverse consequences of public
diplomacy officers in country posts reporting to the
regional bureaus of the Department.
SEC. 224. ADVISORY COMMITTEE ON CULTURAL DIPLOMACY.
(a) Establishment.--There is established an Advisory
Committee on Cultural Diplomacy (in this section referred to as
the ``Advisory Committee''), which shall be composed of nine
members, as follows:
(1) The Under Secretary of State for Public
Diplomacy, who shall serve as Chair.
(2) The Assistant Secretary of State for
Educational and Cultural Affairs.
(3) Seven members appointed pursuant to subsection
(c).
(b) Duties.--The Advisory Committee shall advise the
Secretary on programs and policies to advance the use of
cultural diplomacy in United States foreign policy. The
Advisory Committee shall, in particular, provide advice to the
Secretary on--
(1) increasing the presentation abroad of the
finest of the creative, visual, and performing arts of
the United States; and
(2) strategies for increasing public-private
partnerships to sponsor cultural exchange programs that
promote the national interests of the United States.
(c) Appointments.--The members of the Advisory Committee
shall be appointed by the Secretary, not more than four of whom
shall be from the same political party, from among
distinguished Americans with a demonstrated record of
achievement in the creative, visual, and performing arts, or
international affairs. No officer or employee of the United
States shall be appointed to the Advisory Committee.
(d) Vacancies.--A vacancy in the membership of the Advisory
Committee shall be filled in the same manner as provided under
this subsection to make the original appointment.
(e) Meetings.--A majority of the members of the Advisory
Committee shall constitute a quorum. The Advisory Committee
shall meet at least twice each year or as frequently as may be
necessary to carry out its duties.
(f) Administrative Support.--The Secretary is authorized to
provide the Advisory Committee with necessary administrative
support from among the staff of the Bureau of Educational and
Cultural Affairs of the Department.
(g) Compensation.--Members of the Advisory Committee shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services of the Advisory Committee.
(h) Exemption From Federal Advisory Committee Act.--The
Federal Advisory Committee Act shall not apply to the Advisory
Committee to the extent that the provisions of this section are
inconsistent with that Act.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to the Department such sums as may be
necessary to carry out this section.
(j) Termination.--The Advisory Committee shall terminate
September 30, 2005.
SEC. 225. ALLOCATION OF FUNDS FOR ``AMERICAN CORNERS'' IN THE RUSSIAN
FEDERATION.
(a) Finding.--Congress finds that joint ventures with host
libraries in the Russian Federation known as ``American
Corners'' are an effective means--
(1) to provide information about United States
history, government, society, and values;
(2) to provide access to computers and the
Internet; and
(3) to leverage United States assistance and
exchange programs in the Russian Federation.
(b) Allocation of Funds.--Of the amount authorized to be
appropriated by section 112(1)(B) of this Act for the fiscal
year 2003, $500,000 is authorized to be available for
``American Corner'' centers operating in the Russian
Federation.
SEC. 226. 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'' (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 for Security and
Cooperation in Europe (OSCE), the OSCE implementation review
process, and other activities of the OSCE. The report shall
also include a summary of specific United States policy
objectives with respect to participating states where there is
particular concern relating to the implementation of OSCE
commitments or where an OSCE presence exists. Such summary
shall address the role played by OSCE institutions, mechanisms,
or field activities in achieving United States policy
objectives. Each annual report shall cover the period from
January 1 to December31, shall be submitted not more than 90
days after the end of the reporting period, and shall be posted on the
Internet website of the Department of State.''.
SEC. 227. AMENDMENTS TO THE VIETNAM EDUCATION FOUNDATION ACT OF 2000.
(a) Purposes of the Act.--Section 202 of the Vietnam
Education Foundation Act of 2000 (title II of division B of
H.R. 5666, as enacted by section 1(a)(4) of Public Law 106-554
and contained in appendix D of that Act; 114 Stat. 2763A-255)
is amended--
(1) in paragraph (1)(A), by inserting ``in the
United States'' after ``technology)''; and
(2) in paragraph (1)(B), by striking ``appropriate
Vietnamese institutions'' and inserting ``academic
institutions in Vietnam''.
(b) Election of the Chair.--Section 205(c) of such Act is
amended by inserting ``voting members of the'' after ``The''.
(c) Duties of the Board.--Section 205(e) of such Act is
amended by striking paragraphs (1) and (2) and inserting the
following:
``(1) provide overall supervision and direction of
the Foundation;
``(2) establish criteria for the eligibility of
applicants, including criteria established by section
206(b), and for the selection of fellowship recipients;
and
``(3) select the fellowship recipients.''.
(d) Treatment of Presidential Appointees to the Board of
Directors.--Section 205 of such Act is amended--
(1) in subsection (f)--
(A) by amending paragraph (1) to read as
follows:
``(1) In general.--Except as provided in paragraphs
(2) and (3), each member of the Board shall serve
without compensation.''; and
(B) by adding at the end the following new
paragraph:
``(3) Compensation of presidential appointees.--The
members of the Board appointed under subsection (a)(6)
shall be paid at the daily equivalent of the rate of
basic pay payable for positions at level V of the
Executive Schedule under section 5316 of title 5,
United States Code, for each day (including travel
time) during which the member is engaged in the actual
performance of duties as a Board member.''; and
(2) by adding at the end the following new
subsection:
``(g) Treatment of Presidential Appointees as Special
Government Employees.--The members of the Board appointed under
subsection (a)(6) shall be special Government employees, as
defined in section 202(a) of title 18, United States Code.''.
(e) Travel Regulations.--Section 205 of such Act, as
amended by subsection (d), is further amended by adding at the
end the following new subsection:
``(h) Travel Regulations.--Members of the Board shall be
subject to the same travel regulations as apply to officers and
employees of the Department of State.''.
(f) Vacancies.--Section 205(b) of such Act is amended by
adding at the end the following new paragraph:
``(3)(A) Any member appointed to fill a vacancy prior to
the expiration of the term for which his or her predecessor was
appointed shall be appointed for the remainder of such term.
``(B) Upon the expiration of his or her term of office, any
member may continue to serve until a successor is appointed.''.
(g) English Proficiency.--Section 206(a)(2) of such Act is
amended to read as follows:
``(2) Scientific and technical vocabulary in
english.--Fellowships awarded to Vietnamese nationals
under paragraph (1) may include funding to improve
English proficiency in a fellowship recipient's field
of study.''.
(h) Selection Criteria.--Section 206(b) of such Act is
amended--
(1) in paragraph (1), by striking ``Vietnamese
candidates for fellowships'' and inserting ``Fellowship
candidates from Vietnam''; and
(2) in paragraph (2), by striking ``teaching
candidates'' and inserting ``candidates for teaching
fellowships''.
(i) Annual Report.--Such Act is amended--
(1) in section 207(d), by striking ``Board'' and
inserting ``Secretary of the Treasury''; and
(2) in section 209(b)--
(A) by striking ``Foundation'' and
inserting ``Board''; and
(B) by striking ``its operations under this
title'' and inserting ``the operations of the
Foundation under this title, including the
financial condition of the Foundation''.
(j) Compensation of Executive Director.--Section 208(d) of
such Act is amended by striking ``level V ofthe Executive
Schedule under section 5316'' and inserting ``level IV of the Executive
Schedule under section 5315''.
(k) Clerical Corrections.--Such Act is amended--
(1) in section 206(d)--
(A) in the subsection heading, by striking
``Matching'' and inserting ``Cost-Sharing'';
and
(B) by striking ``matching'' and inserting
``cost-sharing'';
(2) in section 206(e)--
(A) by striking ``proficiency'' and
inserting ``progress''; and
(B) by inserting before the period at the
end the following: ``and applicable law'';
(3) in section 208(a), by striking ``Secretary''
and inserting ``Director'';
(4) in section 208(d), by striking ``title V'' and
inserting ``title 5''; and
(5) in section 209(a)(5), by striking ``District of
Columbia'' and inserting ``metropolitan Washington,
D.C., area''.
SEC. 228. ETHICAL ISSUES IN INTERNATIONAL HEALTH RESEARCH.
(a) In General.--The Secretary shall make available funds
for international exchanges to provide opportunities to
researchers in developing countries to participate in
activities related to ethical issues in human subject research,
as described in subsection (c).
(b) Coordination With Other Programs.--The Secretary shall
coordinate programs conducted pursuant to this section with
similar programs that may be conducted by the United States
Agency for International Development and other Federal agencies
as part of United States international health programs,
particularly with respect to research and treatment of
infectious diseases.
(c) Ethical Issues in Human Subject Research.--For purposes
of subsection (a), the phrase ``activities related to ethical
issues in human subject research'' includes courses of study,
conferences, and fora on development of and compliance with
international ethical standards for clinical trials involving
human subjects, particularly with respect to responsibilities
of researchers to individuals and local communities
participating in such trials, and on management and monitoring
of such trials based on such international ethical standards.
SEC. 229. CONFORMING AMENDMENTS.
Section 112(g) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2460(g)) is amended--
(1) in paragraph (1), by striking ``United States
Information Agency'' and inserting ``Department of
State'';
(2) in paragraph (3)--
(A) in subparagraph (A), by striking
``Associate Director for Educational and
Cultural Affairs of the United States
Information Agency'' and inserting ``Assistant
Secretary of State for Educational and Cultural
Affairs'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraphs (C),
(D), (E), (F), and (G) as subparagraphs (B),
(C), (D), (E), and (F), respectively;
(3) in paragraph (5), by striking ``United States
Information Agency'' and inserting ``Department of
State'';
(4) in paragraph (6)(G), by striking ``United
States Information Agency'' and inserting ``Department
of State''; and
(5) in paragraph (7), by striking ``Director of the
United States Information Agency'' and inserting
``Secretary of State, acting through the Under
Secretary of State for Public Diplomacy''.
Subtitle C--Consular Authorities
SEC. 231. REPORT ON VISA ISSUANCE TO INADMISSIBLE ALIENS.
Section 51(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2723(a)) is amended--
(1) by inserting ``(1) Denial of visas.--'' before
``The Secretary''; and
(2) by adding at the end the following:
``(2) Visa issuance to inadmissible aliens.--The
Secretary shall, on a semiannual basis, submit to the
appropriate committees of the Congress a report
describing every instance during the period covered by
the report in which a consular post or the Visa Office
of the Department of State issued an immigrant or
nonimmigrant visa to an alien who is inadmissible to
the United States based upon terrorist activity or
failed to object to the issuance of an immigrant or
nonimmigrant visa to an alien notwithstanding any such
ground of inadmissibility. The report shall set forth
the name and nationality of the alien, the issuing
post, and a brief factual statement of the basis for
issuance of the visa or the failure to object. The
report may be submitted in classified or unclassified
form.''.
SEC. 232. DENIAL OF ENTRY INTO UNITED STATES OF CHINESE AND OTHER
NATIONALS ENGAGED IN COERCED ORGAN OR BODILY TISSUE
TRANSPLANTATION.
(a) Denial of Entry.--Notwithstanding any other provision
of law and except as provided in subsection (b), the Secretary
shall direct consular officers not to issue a visa to any
person whom the Secretary finds, based on credible and specific
information, to have been directly involved with the coercive
transplantation of human organs or bodily tissue, unless the
Secretary has substantial grounds for believing that the
foreign national has discontinued his or her involvement with,
and support for, such practices.
(b) Exception.--The prohibitions in subsection (a) do not
apply to an applicant who is a head of state, head of
government, or cabinet-level minister.
(c) Waiver.--The Secretary may waive the prohibitions in
subsection (a) with respect to a foreign national if the
Secretary--
(1) determines that it is important to the national
interest of the United States to do so; and
(2) not later than 30 days after the issuance of a
visa, provides written notification to the appropriate
congressional committees containing a justification for
the waiver.
SEC. 233. PROCESSING OF VISA APPLICATIONS.
(a) In General.--It shall be the policy of the Department
to process each visa application from an alien classified as an
immediate relative or as a K-1 nonimmigrant within 30 days of
the receipt of all necessary documents from the applicant and
the Immigration and Naturalization Service. In the case of an
immigrant visa application where the petitioner is a relative
other than an immediate relative, it should be the policy of
the Department to process such an application within 60 days of
the receipt of all necessary documents from the applicant and
the Immigration and Naturalization Service.
(b) Definitions.--In this section:
(1) Immediate relative.--The term ``immediate
relative'' has the meaning given the term in section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)).
(2) K-1 nonimmigrant.--The term ``K-1
nonimmigrant'' means a nonimmigrant alien described in
section 101(a)(15)(K)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(K)(i)).
SEC. 234. MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (8 U.S.C. 1351 note) is amended by
adding at the end the following:
``(3) For the fiscal year 2003, any amount that
exceeds $460,000,000 may be made available only if a
notification is submitted to Congress in accordance
with the procedures applicable to reprogramming
notifications under section 34 of the State Department
Basic Authorities Act of 1956.''.
Subtitle D--Migration and Refugees
SEC. 241. PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF REFUGEES.
Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a et seq.), as amended by section 204 of
this Act, is further amended by adding at the end the following
new section:
``SEC. 58. PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF REFUGEES.
``(a) Prohibition.--
``(1) In general.--Except as provided in paragraph
(2), none of the funds made available to the Department
of State, or the United States Emergency Refugee and
Migration Assistance Fund established in section 2(c)
of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601(c)), may be available to effect the
involuntary return by the United States of any person
to a country in which the person has a well-founded
fear of persecution on account of race, religion,
nationality, membership in a particular social group,
or political opinion.
``(2) Exception.--The prohibition in paragraph (1)
does not apply to the return of any person on grounds
recognized as precluding protection as a refugee under
the United Nations Convention Relating to the Status of
Refugees of July 28, 1951, and the Protocol Relating to
the Status of Refugees of January 31, 1967, subject to
the reservations contained in the United States Senate
resolution of advice and consent to ratification of the
Protocol.
``(b) Congressional Notification Required in All Cases.--
None of the funds made available to the Department of State, or
the United States Emergency Refugee and Migration Assistance
Fund established in section 2(c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)), may be available to
effect the involuntary return by the United States of any
person to any country unless the Secretary first notifies the
appropriate congressional committees, except that, in the case
of an emergency involving a threat to human life, the Secretary
shall notify the appropriate congressional committees as soon
as practicable.
``(c) Statutory Construction.--Nothing in this section
shall be construed as affecting activities of the Department of
State that relate to removal proceedings under the Immigration
and Nationality Act or extradition.
``(d) Definitions.--In this section:
``(1) Appropriate congressional committees.--The
term `appropriate congressional committees' means the
Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives.
``(2) To effect the involuntary return.--The term
``to effect the involuntary return'' means to require,
by means of physical force or circumstances amounting
to a threat thereof, a person to return to a country
against the person's will, regardless of whether the
person is physically present in the United States and
regardless of whether the United States acts directly
or through an agent.''.
SEC. 242. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL ORGANIZATION
FOR MIGRATION.
Section 2(a) of the Migration and Refugee Assistance Act of
1962 (22 U.S.C. 2601(a)) is amended to read as follows:
``(a)(1) The President is authorized to continue membership
for the United States in the International Organization for
Migration in accordance with the constitution of such
organization approved in Venice, Italy, on October19, 1953, as
amended in Geneva, Switzerland, on November 24, 1998, upon entry into
force of such amendments.
``(2) For the purpose of assisting in the movement of
refugees and migrants, there are authorized to be appropriated
to the President such amounts as may be necessary from time to
time for payment by the United States of its contributions to
the International Organization for Migration and all necessary
salaries and expenses incidental to United States participation
in such organization.''.
SEC. 243. REPORT ON OVERSEAS REFUGEE PROCESSING.
(a) Report on Overseas Refuge Processing.--Not later than
120 days after the date of the enactment of this Act, the
Secretary shall submit to the appropriate congressional
committees a report on overseas processing of refugees for
admission to the United States.
(b) Contents.--The report shall include the following
detailed information:
(1) United States procedures for the identification
of 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
resettlement in the United States, together with a plan
for the expanded use of alternatives to such referral,
including the use of field-based nongovernmental
organizations to identify refugees in urgent need of
resettlement.
(2) The extent to which the Department makes use in
overseas refugee processing of the designation of
groups of refugees who are of special concern to the
United States, together with the reasons for any
decline in such use over the last 10 years and a plan
for making more generous use of such categories in the
future.
(3) The extent to which the United States currently
provides opportunities for resettlement in the United
States of individuals who are close family members of
citizens or lawful residents of the United States,
together with the reasons for any decline in the extent
of such provision over the last 10 years and a plan for
expansion of such opportunities in the future.
(4) The extent to which opportunities for
resettlement in the United States are currently
provided to ``urban refugees'' and others who do not
currently reside in refugee camps, together with a plan
for increasing such opportunities, particularly for
refugees who are in urgent need of resettlement, who
are members of refugee groups of special interest to
the United States, or who are close family members of
United States citizens or lawful residents.
(5) The Department's assessment of the feasibility
and desirability of modifying the Department's current
list of refugee priorities to create an additional
category for refugees whose need for resettlement is
based on a long period of residence in a refugee camp
with no immediate prospect of safe and voluntary
repatriation to their country of origin or last
permanent residence.
(6) The extent to which the Department uses private
voluntary agencies to assist in the identification of
refugees for admission to the United States, including
the Department's assessment of the advantages and
disadvantages of private voluntary agencies, the
reasons for any decline in the 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 increased over the last 10
years commensurate with the cost to such agencies of
providing such services.
(8) An estimate of the cost of each change in
current practice or procedure discussed in the report,
together with an estimate of any increase in the annual
refugee admissions ceiling that would be necessary to
implement each change.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Subtitle A--Organizational Matters
SEC. 301. COMPREHENSIVE WORKFORCE PLAN.
(a) Workforce Plan.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a comprehensive workforce
plan for the Department for the fiscal years 2003 through 2007.
The plan shall consider personnel needs in both the Civil
Service and the Foreign Service and expected domestic and
overseas personnel allocations. The workforce plan should set
forth--
(1) the detailed mission of the Department;
(2) the definition of work to be done;
(3) a description of cyclical personnel needs based
on expected retirements and attrition; and
(4) a statement of the time required to hire,
train, and deploy new personnel.
(b) Domestic Staffing Model.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
compile and submit to the appropriate congressional committees
a domestic staffing model for the Department.
SEC. 302. ``RIGHTSIZING'' OVERSEAS POSTS.
(a) ``Rightsizing'' at the Department of State.--
(1) In general.--The Secretary shall establish a
task force within the Department on the issue of
``rightsizing'' overseas posts.
(2) Preliminary report.--Not later than 120 days
after the date of the enactment of this Act, the
Secretary shall submit to the appropriate congressional
committees a report that outlines the status, plans,
and activities of the task force. In addition to such
other information as the Secretary considers
appropriate, the report shall include the following:
(A) The objectives of the task force.
(B) Measures for achieving the objectives
under subparagraph (A).
(C) Identification of the official of the
Department with primary responsibility for the
issue of ``rightsizing''.
(D) The plans of the Department for the
reallocation of staff and resources based on
changing needs at overseas posts and in the
metropolitan Washington, D.C., area.
(3) Report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall
submit to the appropriate congressional committees a
report reviewing the activities and progress of the
task force established under paragraph (1).
(b) Interagency Working Group.--
(1) Establishment.--The Secretary shall establish
an interagency working group on the issue of
``rightsizing'' the overseas presence of the United
States Government.
(2) Preliminary report.--Not later than 120 days
after the date of the enactment of this Act, the
Secretary shall submit to the appropriate congressional
committees a report which outlines the status, plans,
and activities of the interagency working group. In
addition to such other information as the Secretary
considers appropriate, the report shall include the
following:
(A) The objectives of the working group.
(B) Measures for achieving the objectives
under subparagraph (A).
(C) Identification of the official of each
agency with primary responsibility for the
issue of ``rightsizing''.
(3) Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall
submit to the appropriate congressional committees a
report reviewing the activities and progress of the
working group established under paragraph (1).
SEC. 303. QUALIFICATIONS OF CERTAIN OFFICERS OF THE 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) 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 with respect to matters relating to personnel
in the Department of State, or that officer's principal
deputy, shall have substantial professional
qualifications in the field of human resource policy
and management.
``(2) Officer having primary responsibility for
diplomatic security.--The officer of the Department of
State with primary responsibility for assisting the
Secretary with respect to diplomatic security, or that
officer's principal deputy, shall have substantial
professional qualifications in the fields of (A)
management, and (B) Federal law enforcement,
intelligence, or security.
``(3) Officer having primary responsibility for
international narcotics and law enforcement.--The
officer of the Department of State with primary
responsibility for assisting the Secretary with respect
to international narcotics and law enforcement, or that
officer's principal deputy, shall have substantial
professional qualifications in the fields of (A)
management, and (B) law enforcement or international
narcotics policy.''.
Subtitle B--Personnel Matters
SEC. 311. THOMAS JEFFERSON STAR FOR FOREIGN SERVICE.
Section 36A of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708a) is amended--
(1) in the section heading, by striking ``FOREIGN
SERVICE STAR'' and inserting ``THOMAS JEFFERSON STAR
FOR FOREIGN FOREIGN SERVICE''; and
(2) by striking ``Foreign Service star'' each place
it appears and inserting ``Thomas Jefferson Star for
Foreign Service''.
SEC. 312. PRESIDENTIAL RANK AWARDS.
(a) Comparable Payments.--Section 405(b)(3) of the Foreign
Service Act of 1980 (22 U.S.C. 3965(b)(3)) is amended by
striking the second sentence and inserting ``Payments under
this paragraph to a member of the Senior Foreign Service may
not exceed, in any fiscal year, the percentage of basic pay
established under section 4507(e)(1) of title 5, United States
Code, for a Meritorious Executive, except that payments of the
percentage of the basic pay established under section
4507(e)(2) of such title for Distinguished Executives may be
made in any fiscal year to up to 1 percent of the members of
the Senior Foreign Service.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 2002.
SEC. 313. FOREIGN SERVICE NATIONAL SAVINGS FUND.
Section 408(a)(1) of the Foreign Service Act of 1980 (22
U.S.C. 3968(a)(1)) is amended in the third sentence by striking
``(C)'' and all that follows through ``covered employees.'' and
inserting ``(C) payments by the Government and employees to (i)
a trust or other fund in a financial institution in order to
finance future benefits for employees, including provision for
retention in the fund of accumulated interest and dividends for
the benefit of covered employees; or (ii) a Foreign Service
National Savings Fund established in the Treasury of the United
States, which (I) shall be administered by the Secretary, at
whose direction the Secretary of the Treasury shall invest
amounts not required for the current needs of the Fund; and
(II) shall be public monies, which are authorized to be
appropriated and remain available without fiscal year
limitation to pay benefits, to be invested in public debt
obligations bearing interest at rates determined by the
Secretary of the Treasury taking into consideration current
average market yields on outstanding marketable obligations of
the United States of comparable maturity, and to pay
administrative expenses.''.
SEC. 314. CLARIFICATION OF SEPARATION FOR CAUSE.
(a) In General.--Section 610(a) of the Foreign Service Act
of 1980 (22 U.S.C. 4010(a)) is amended--
(1) in paragraph (1), by inserting ``decide to''
after ``may'';
(2) by striking paragraphs (2), (3), (4), (5), and
(6); and
(3) by inserting after paragraph (1) the following:
``(2)(A) Except as provided in subparagraph (B), whenever
the Secretary decides under paragraph (1) to separate, on the
basis of misconduct, any member of the Service (other than a
United States citizen employed under section 311 of the Foreign
Service Act of 1980 who is not a family member) who either--
``(i) is serving under a career appointment, or
``(ii) is serving under a limited appointment,
the member may not be separated from the Service until the
member receives a hearing before the Foreign Service Grievance
Board and the Board decides that cause for separation has been
established, unless the member waives, in writing, the right to
such a hearing, or the member's appointment has expired,
whichever is sooner.
``(B) The right to a hearing in subparagraph (A) does not
apply in the case of an individual who has been convicted of a
crime for which a sentence of imprisonment of more than one
year may be imposed.
``(3) If the Board decides that cause for separation has
not been established, the Board may direct the Department to
pay reasonable attorneys' fees to the extent and in the manner
provided by section 1107(b)(5). The hearing provided under this
paragraph shall be conducted in accordance with the hearing
procedures applicable to grievances under section 1106 and
shall be in lieu of any other administrative procedure
authorized or required by this or any other Act. Section 1110
shall apply to proceedings under this paragraph.
``(4) Notwithstanding the hearing required by paragraph
(2), at the time that the Secretary decides to separate a
member of the Service for cause, the member shall be placed on
leave without pay. If the member does not waive the right to a
hearing, and the Board decides that cause for separation has
not been established, the member shall be reinstated with back
pay.''.
(b) Conforming Amendments.--Section 1106(8) of the Foreign
Service Act of 1980 (22 U.S.C. 4136(8)) is amended--
(1) in the first sentence--
(A) by striking ``the involuntary
separation of the grievant,''; and
(B) by striking ``grievant, or'' and
inserting ``grievant or''; and
(2) by striking the last sentence.
SEC. 315. DEPENDENTS ON FAMILY VISITATION TRAVEL.
(a) In General.--Section 901(8) of the Foreign Service Act
of 1980 (22 U.S.C. 4081(8)) is amended by striking ``Service''
and inserting ``Service, and members of his or her family,''.
(b) Promulgation of Guidance.--The Secretary shall
promulgate guidance for the implementation of theamendment made
by subsection (a) to ensure its implementation in a manner which does
not substantially increase the total amount of travel expenses paid or
reimbursed by the Department for travel under section 901 of the
Foreign Service Act of 1980 (22 U.S.C. 4081).
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the date on which guidance for
implementation of such amendment is issued by the Secretary.
SEC. 316. HEALTH EDUCATION AND DISEASE PREVENTION PROGRAMS.
Section 904(b) of the Foreign Service Act of 1980 (22
U.S.C. 4084(b)) is amended by striking ``families, and (3)''
and inserting ``families, (3) health education and disease
prevention programs for all employees, and (4)''.
SEC. 317. CORRECTION OF TIME LIMITATION FOR GRIEVANCE FILING.
Section 1104(a) of the Foreign Service Act of 1980 (22
U.S.C. 4134(a)) is amended in the first sentence by striking
``but in no case less than two years'' and inserting ``but in
no case more than three years''.
SEC. 318. TRAINING AUTHORITIES.
Section 2205 of the Foreign Affairs Reform and
Restructuring Act of 1998 (as enacted by division G of Public
Law 105-277; 112 Stat. 2681-808) is amended--
(1) in the section heading, by striking ``PILOT'';
(2) by striking subsection (a)(3); and
(3) by striking subsection (c).
SEC. 319. UNACCOMPANIED AIR BAGGAGE.
Section 5924(4)(B) of title 5, United States Code, is
amended by inserting after the first sentence the following:
``At the election of the employee, in lieu of the
transportation of the baggage of a dependent from the
dependent's school, the costs incurred to store the baggage at
or in the vicinity of the school during the dependent's annual
trip between the school and the employee's duty station may be
paid or reimbursed to the employee, except that the amount of
the payment or reimbursement may not exceed the cost that the
Government would incur to transport the baggage.''.
SEC. 320. EMERGENCY MEDICAL ADVANCE PAYMENTS.
Section 5927 of title 5, United States Code, is amended--
(1) by amending subsection (a)(3) to read as
follows:
``(3) to an employee compensated pursuant to
section 408 of the Foreign Service Act of 1980, who--
``(A) pursuant to United States Government
authorization is located outside the country of
employment; and
``(B) requires medical treatment outside
the country of employment in circumstances
specified by the President in regulations.'';
and
(2) in subsection (b), by striking ``appointed''
and inserting ``hired''.
SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE PERFORMED
ABROAD.
(a) Retirement Credit for Certain Government Service
Performed Abroad.--Subject to subsection (b)(1), credit under
chapter 84 of title 5, United States Code, shall be allowed for
any service performed by an individual if or to the extent
that--
(1) it was performed by such individual--
(A) after December 31, 1988, and before May
24, 1998;
(B) at a United States diplomatic mission,
consular post (other than a consular agency),
or other Foreign Service post abroad; and
(C) under a temporary appointment pursuant
to sections 309 and 311 of the Foreign Service
Act of 1980 (22 U.S.C. 3949 and 3951);
(2) at the time of performing such service, such
individual would have satisfied all eligibility
requirements under regulations of the Department (as in
effect on the date of the enactment of this Act) for a
family member limited noncareer appointment (within the
meaning of such regulations, as in effect on such date
of enactment), except that, in applying this paragraph,
an individual not employed by the Department while
performing such service shall be treated as if then so
employed;
(3) such service would have been creditable under
section 8411(b)(3) of such title 5 if--
(A) the service had been performed before
January 1, 1989; and
(B) the deposit requirements of section
8411(f) of such title 5 had been met with
respect to such service;
(4) such service would not otherwise be creditable
under the Federal Employees' Retirement System or any
other retirement system for employees of the United
States Government (disregarding title II of the Social
Security Act); and
(5) the total amount of service performed by such
individual (satisfying paragraphs (1) through (4)) is
not less than 90 days.
(b) Requirements.--
(1) Requirements of the individual.--In order to
receive credit under chapter 84 of title 5, United
States Code, for any service described in subsection
(a), the individual who performed such service (or, if
deceased, any person who is or would be eligible for a
survivor annuity under the Federal Employees'
Retirement System based on the service of such
individual)--
(A) shall file a written application with
the Office of Personnel Management not later
than 36 months after the effective date of the
regulations prescribed to carry out this
section (as specified in those regulations);
and
(B) shall remit to the Office (for deposit
in the Treasury of the United States to the
credit of the Civil Service Retirement and
Disability Fund) the total amount that, under
section 8422 of such title 5, should have been
deducted from the basic pay of such individual
for such service if such service had then been
creditable under such chapter 84.
(2) Government contributions.--
(A) In general.--In addition to any other
payment that it is required to make under
chapter 84 of title 5, United States Code, a
department, agency, or other instrumentality of
the United States shall remit to the Office of
Personnel Management (for deposit in the
Treasury of the United States to the credit of
the Fund) the amount described in subparagraph (B).
(B) Amount described.--The amount described
in this subparagraph is, with respect to a
remittance under paragraph (1), the total
amount of Government contributions that would,
under section 8423 of title 5, United States
Code, have been required of the instrumentality
involved (to the extent that it was the
employing entity during the period of service
to which such remittance relates) in connection
with such service.
(C) Special rule.--If an amount cannot be
remitted under this paragraph because an
instrumentality has ceased to exist, such
amount shall instead be treated as part of the
supplemental liability referred to in section
8423(b)(1) (A) or (B) of title 5, United States
Code (whichever would be appropriate).
(3) Related requirements.--Any remittance under
paragraph (1) or (2)--
(A) shall be made in such time, form, and
manner as the Office of Personnel Management
may by regulation require; and
(B) shall be computed with interest (in
accordance with section 8334(e) of title 5,
United States Code, and such requirements as
the Office may by regulation prescribe).
(4) Notification and assistance requirements.--
(A) In general.--The Office of Personnel
Management shall take such action as may be
necessary and appropriate to inform individuals
entitled to have any service credited under
this section, or to have any annuity computed
or recomputed under this section, of their
entitlement to such credit, computation, or
recomputation.
(B) Assistance to individuals.--The Office
shall, on request, assist any individual
referred to in subparagraph (A) in obtaining
from any department, agency, or other
instrumentality of the United States such
information in the possession of such
instrumentality as may be necessary to verify
the entitlement of such individual to have any
service credited, or to have any annuity
computed or recomputed, pursuant to this
section.
(C) Assistance from instrumentalities.--Any
department, agency, or other instrumentality of
the United States that possesses any
information with respect to any service
described in subsection (a) shall, at the
request of the Office, furnish such information
to the Office.
(c) Definitions.--In this section:
(1) Abroad.--The term ``abroad'' has the meaning
given such term under section 102 of the Foreign
Service Act of 1980 (22 U.S.C. 3902).
(2) Basic pay.--The term ``basic pay'' has the
meaning given such term under section 8401 of title 5,
United States Code.
(3) Civil service retirement and disability fund.--
The term ``Civil Service Retirement and Disability
Fund'' or ``Fund'' means the Civil Service Retirement
and Disability Fund under section 8348 of title 5,
United States Code.
(4) Temporary appointment.--The term ``temporary
appointment'' means an appointment that is limited by
its terms to a period of one year or less.
(d) Rule of Construction.--Nothing in this section shall be
considered to permit or require the making of any contributions
to the Thrift Savings Fund that would not otherwise have been
permitted or required had this section not been enacted.
(e) Applicability.--
(1) Annuities commencing on or after effective date
of implementing regulations.--An annuity or survivor
annuity--
(A) which is based on the service of an
individual who performed service described in
subsection (a), and
(B) which commences on or after the
effective date of the regulations prescribed to
carry out this section (as determined under
subsection (b)(1)(A)),
shall (subject to subsection (b)(1)) be computed taking
into account all service described in subsection (a)
that was performed by such individual.
(2) Annuities with commencement date preceding
effective date of implementing regulations.--
(A) Recomputation cases.--An annuity or
survivor annuity--
(i) which is based on the service
of an individual who performed service
described in subsection (a), and
(ii) which commences before the
effective date referred to in paragraph
(1)(B),
shall (subject to subsection (b)(1)) be
recomputed taking into account all service
described in subsection (a) that was performed
by such individual.
(B) Other cases.--An annuity or survivor
annuity--
(i) which is based on the service
of an individual who performed service
described in subsection (a),
(ii) the requirements for
entitlement which could not be met
without taking into account service
described in subsection (a), and
(iii) which (if service described
in subsection (a) had been taken into
account, and an appropriate application
been submitted) would have commenced
before the effective date referred to
in paragraph (1)(B),
shall (subject to subsection (b)(1)) be
computed taking into account all service
described in subsection (a) that was performed
by such individual.
(C) Retroactive effect.--Any computation or
recomputation of an annuity or survivor annuity
pursuant to this paragraph shall--
(i) if pursuant to subparagraph
(A), be effective as of the
commencement date of the annuity or
survivor annuity involved; and
(ii) if pursuant to subparagraph
(B), be effective as of the
commencement date that would have
applied if application for the annuity
or survivor annuity involved had been
submitted on the earliest date possible
in order for it to have been approved.
(D) Lump-sum payment.--Any amounts which by
virtue of subparagraph (C) are payable for any
months preceding the first month (on or after
the effective date referred to in paragraph
(1)(B)) as of which annuity or survivor annuity
payments become payable fully reflecting the
computation or recomputation under subparagraph
(A) or (B) (as the case may be) shall be
payable in the form of a lump-sum payment.
(E) Order of precedence.--Section 8424(d)
of title 5, United States Code, shall apply in
the case of any payment under subparagraph (D)
payable to an individual who has died.
(f) Implementation.--The Office of Personnel Management, in
consultation with the Secretary, shall prescribe such
regulations and take such action as may be necessary and
appropriate to implement this section.
SEC. 322. COMPUTATION OF FOREIGN SERVICE RETIREMENT ANNUITIES AS IF
WASHINGTON, D.C., LOCALITY-BASED COMPARABILITY
PAYMENTS WERE MADE TO OVERSEAS-STATIONED FOREIGN
SERVICE MEMBERS.
(a) Foreign Service Retirement and Disability System.--
(1) Computation of annuities.--Section 806(a) of
the Foreign Service Act of 1980 (22 U.S.C. 4046(a)) is
amended by adding at the end the following new
paragraph:
``(9) For purposes of any annuity computation under this
subsection, the basic salary or basic pay of any member of the
Service whose official duty station is outside the continental
United States shall be considered to be the salary or pay that
would have been paid to the member had the member's official
duty station been Washington, D.C., including locality-based
comparability payments under section 5304 of title 5, United
States Code, that would have been payable to the member if the
member's official duty station had been Washington, D.C.''.
(2) Government contributions and individual
deductions and withholdings.--Section 805(a) of the
Foreign Service Act of 1980 (22 U.S.C. 4045(a)) is
amended--
(A) in paragraph (1)--
(i) in the first sentence, by
striking ``7'' and inserting ``7.25'';
and
(ii) in the second sentence, by
striking ``An equal amount shall be
contributed by the Department'' and
inserting ``The contribution by the
employing agency shall be a percentage
of basic salary equal to the percentage
in effect under section 7001(d)(1) of
the Balanced Budget Act of 1997 (Public
Law 105-33; 22 U.S.C. 4045 note), and
section 505(h) of the Department of
Transportation and Related Agencies
Appropriations Act, 2001 (as enacted by
Public Law 106-346; 114 Stat. 1356A-
54), plus .25 percent of basic salary,
and shall be made'';
(B) in paragraph (2)--
(i) in subparagraph (A), by
inserting at the end of the first
sentence ``, plus an amount equal to
.25 percent of basic pay''; and
(ii) in subparagraph (B), by
inserting at the end of the first
sentence ``, plus an amount equal to
.25 percent of basic pay'';
(C) in paragraphs (1) and (2), by striking
``Department'' each place it appears and
inserting ``employing agency''; and
(D) in paragraph (3), by inserting at the
end of the first sentence ``, plus .25
percent''.
(b) Foreign Service Pension System.--
(1) Computation of annuities.--Section 855(a) of
the Foreign Service Act of 1980 (22 U.S.C. 4071d(a)) is
amended by adding at the end the following new
paragraph:
``(3) For purposes of any annuity computation under this
subsection, the average pay (as used in section 8414 of title
5, United States Code) of any member of the Service whose
official duty station is outside the continental United States
shall be considered to be the salary that would have been paid
to the member had the member's official duty station been
Washington, D.C., including locality-based comparability
payments under section 5304 of title 5, United States Code,
that would have been payable to the member if the member's
official duty station had been Washington, D.C.''.
(2) Individual deductions and withholdings.--
Section 856(a)(2) of the Foreign Service Act of 1980
(22 U.S.C. 4071e(a)(2)) is amended by striking:
``7.5..................................... After December 31, 2000.''
and inserting the following:
``7.55.................................... After January 11, 2003.''.
(c) Effective Dates.--
(1) Computation of annuities.--The amendments made
by subsections (a)(1) and (b)(1) shall apply to service
performed on or after the first day of the first pay
period beginning on or after the date that is 90 days
after the date of enactment of this Act.
(2) Government contributions and individual
deductions and withholdings.--The amendments made by
subsections (a)(2) and (b)(2) shall take effect with
the first pay period beginning on or after the date
that is 90 days after the date of enactment of this
Act.
SEC. 323. PLAN FOR IMPROVING RECRUITMENT OF VETERANS INTO THE FOREIGN
SERVICE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report containing a plan
for the Department to improve the recruitment of veterans for
the career Foreign Service. The plan shall--
(1) address personnel issues relevant to such
recruitment efforts; and
(2) include proposals for improving coordination
between the Department and the Departments of Defense,
Transportation, and Veterans Affairs in promoting the
recruitment of veterans to the career Foreign Service.
(b) Definition.--In this section, the term ``veterans'' has
the meaning given that term in section 101(2) of title 38,
United States Code.
SEC. 324. REPORT CONCERNING MINORITY EMPLOYMENT.
On April 1, 2003, and April 1, 2004, the Secretary shall
submit a comprehensive report to Congress, with respect to the
preceding calendar year, concerning the employment of members
of minority groups at the Department, including the Civil
Service and the Foreign Service. The report shall include the
following data (reported in terms of real numbers and
percentages and not as ratios):
(1) For the last preceding Foreign Service
examination and promotion cycles for which such
information is available--
(A) the numbers and percentages of members
of all minority groups taking the written
Foreign Service examination;
(B) the numbers and percentages of members
of all minority groups successfully completing
and passing the written Foreign Service
examination;
(C) the numbers and percentages of members
of all minority groups successfully completing
and passing the oral Foreign Service
examination;
(D) the numbers and percentages of members
of all minority groups entering the junior
officer class of the Foreign Service;
(E) the numbers and percentages of members
of all minority groups who are Foreign Service
officers at each grade; and
(F) the numbers and percentages of members
of all minority groups promoted to each grade
of the Foreign Service.
(2) For the last preceding year for Civil Service
employment at the Department 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
employees at each grade of the Civil Service;
and
(C) the number of and percentages of
members of all minority groups promoted at each
grade of the Civil Service.
SEC. 325. USE OF FUNDS AUTHORIZED FOR MINORITY RECRUITMENT.
(a) Conduct of Recruitment Activities.--
(1) In general.--Amounts authorized to be
appropriated for minority recruitment under section
111(1)(D) 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
locations.
(2) Limitation.--Amounts authorized to be
appropriated for minority recruitment under section
111(1)(D) may not be used to pay salaries of employees
of the Department.
(b) Recruitment Activities at Academic Institutions.--The
Secretary shall expand the recruitment efforts of the
Department to include not less than 25 percent of the part B
institutions (as defined under section 322 of theHigher
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 shall
establish a database relating to efforts to recruit members of
minority groups into the Foreign Service and the Civil Service
and shall report to the appropriate congressional committees on
the evaluation of efforts to recruit such individuals,
including an analysis of the information collected in the
database created under this subsection. Such report shall be
included in each of the two reports required under section 324.
SEC. 326. ASSIGNMENTS AND DETAILS OF PERSONNEL TO THE AMERICAN
INSTITUTE IN TAIWAN.
Section 503 of the Foreign Service Act of 1980 (22 U.S.C.
3983) is amended--
(1) by adding at the end the following new
subsection:
``(d)(1) The Secretary may assign a member of the Service,
or otherwise detail an employee of the Department, for duty at
the American Institute in Taiwan, if the Secretary determines
that to do so is in the national interest of the United States.
``(2) The head of any other department or agency of the
United States may, with the concurrence of the Secretary,
detail an employee of that department or agency to the American
Institute in Taiwan, if the Secretary determines that to do so
is in the national interest of the United States.
``(3) In this subsection, the term `employee' does not
include--
``(A) a noncareer appointee, limited term
appointee, or limited emergency appointee (as such
terms are defined in section 3132(a) of title 5, United
States Code) in the Senior Executive Service; or
``(B) an employee in a position that has been
excepted from the competitive service by reason of its
confidential, policy-determining, policy-making, or
policy-advocating character.
``(4) An assignment or detail under this subsection may be
made with or without reimbursement from the American Institute
in Taiwan.
``(5) The period of an assignment or detail under this
subsection shall not exceed a total of 6 years, except that the
Secretary (or any other head of a department or agency of the
United States, with the concurrence of the Secretary) may
extend the period of an assignment or detail for an additional
period of not more than 6 years.''; and
(2) in subsection (c), by striking ``Assignments''
and inserting ``Except as otherwise provided in
subsection (d)(5), assignments''.
SEC. 327. ANNUAL REPORTS ON FOREIGN LANGUAGE COMPETENCE.
Section 702(c) of the Foreign Service Act of 1980 (22
U.S.C. 4022(c)) is amended--
(1) by striking ``March 31'' and inserting
``January 31''; and
(2) in paragraph (1), by striking ``calendar year''
and inserting ``fiscal year''.
SEC. 328. TRAVEL OF CHILDREN OF MEMBERS OF THE FOREIGN SERVICE ASSIGNED
ABROAD.
Section 901(15) of the Foreign Service Act of 1980 (22
U.S.C. 4081(15)) is amended by striking ``port of entry in the
contiguous 48 States which is nearest to that post'' and
inserting ``residence of the other parent, or between the post
to which the member is assigned and the residence of the child
if the child does not reside with a parent''.
TITLE IV--INTERNATIONAL ORGANIZATIONS
SEC. 401. PAYMENT OF THIRD INSTALLMENT OF ARREARAGES.
(a) In General.--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(b)(3) is amended by striking ``,
upon the certification described in section 941'' and
inserting the following: ``upon a certification
described in section 941 with respect to the United
Nations or a particular designated specialized agency,
and immediately with respect to organizations to which
none of the conditions in section 941(b) apply''.
(2) 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 ``, if the other conditions
in subsection (b) are satisfied''.
(3) Section 941(a)(3) is amended by striking ``and
for any other organization to which none of the
conditions in subsection (b) apply''.
(4) Section 941(b)(3) is amended--
(A) in the paragraph heading, by striking
``New budget procedures'' and inserting
``Budget practices'';
(B) by striking ``has established and'';
(C) by striking ``procedures'' and
inserting ``practices''; and
(D) in subparagraphs (A) and (B) by
striking ``require'' each place it appears and
inserting ``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
specialized agency has established procedures
to--'' and inserting ``The practices of each
designated specialized agency--''; and
(C) in subparagraphs (A), (B), and (C) by
striking ``require'' each place it appears and
inserting ``result in''.
(b) Conforming Amendment.--The undesignated paragraph under
the heading ``arrearage payments'' in title IV of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2000 (as contained in
section 1000 of division B of the Consolidated Appropriations
Act, 2000; Public Law 106-113) is amended--
(1) in the first proviso, by striking ``the share
of the total of all assessed contributions for any
designated specialized agency of the United Nations
does not exceed 22 percent for any single member of the
agency, and''; and
(2) by inserting after ``respective agencies:'' the
following: ``Provided further, That none of the funds
appropriated or otherwise made available under this
heading for payment of arrearages may be obligated with
respect to a designated specialized agency of the
United Nations until such time as the share of the
total of all assessed contributions for that designated
specialized agency does not exceed 22 percent for any
member of the agency:''.
(c) Transmittal of Certifications to Congress.--Section
912(c) of 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-
477) is amended to read as follows:
``(c) Advance Congressional Notification.--Funds made
available pursuant to section 911 may be obligated and expended
only if the appropriate certification has been submitted to the
appropriate congressional committees 15 days prior to payment
of the funds, in the case of a certification submitted with
respect to funds made available for fiscal year 2000.''.
SEC. 402. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS PEACEKEEPING OPERATIONS IN CALENDAR
YEARS 2001 THROUGH 2004.
(a) In General.--Section 404(b)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e
note) is amended--
(1) by striking ``Funds'' and inserting ``(A) In
general.--Except as provided in subparagraph (B),
funds''; and
(2) by adding at the end the following:
``(B) Reduction in united states share of
assessed contributions.--Notwithstanding the
percentage limitation contained in subparagraph
(A), the United States share of assessed
contributions for each United Nations
peacekeeping operation during the following
periods is authorized to be as follows:
``(i) For assessments made during
calendar year 2001, 28.15 percent.
``(ii) For assessments made during
calendar year 2002, 27.90 percent.
``(iii) For assessments made during
calendar year 2003, 27.40 percent.
``(iv) For assessments made during
calendar year 2004, 27.40 percent.''.
(b) Conforming Amendments to Public Law 92-544.--Title I of
the Departments of State, Justice, and Commerce, the Judiciary,
and Related Agencies Appropriation Act, 1973 (22 U.S.C. 287e
note) is amended--
(1) in the next to the last sentence of the
undesignated paragraph under the heading
``contributions to international organizations'' in
Public Law 92-544 (22 U.S.C. 287e note), by striking
``After'' and inserting ``Subject to section 404(b)(2)
of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (22 U.S.C. 287e note), after''; and
(2) in the last sentence of the undesignated
paragraph under the heading ``contributions to
international organizations'' in Public Law 92-544 (22
U.S.C. 287e note)--
(A) by striking ``Appropriations are
authorized'' and inserting ``Subject to section
404(b)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995
(22 U.S.C. 287e note), appropriations are
authorized''; and
(B) by striking ``(other than United
Nations peacekeeping operations) conducted''
and inserting ``conducted by or under the
auspices of the United Nations or''.
SEC. 403. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS REGULAR BUDGET.
The United Nations Participation Act of 1945 (22 U.S.C. 287
et seq.) is amended by adding at the end the following new
section:
``SEC. 11. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS REGULAR BUDGET.
``None of the funds available to the Department of State
shall be used to pay the United States share of assessed
contributions for the regular budget of the United Nations in
an amount greater than 22 percent of the total of all assessed
contributions for that budget.''.
SEC. 404. PROMOTION OF SOUND FINANCIAL PRACTICES BY THE UNITED NATIONS.
(a) Findings.--Congress makes the following findings:
(1) In the early 1980s, the United States
Government began to pay United States assessments to
certain international organizations in the last quarter
of the calendar year in which they were due. This
practice allowed the United States to pay its annual
assessment to the United Nations and other
international organizations with the next fiscal year's
appropriations, taking advantage of the fact that
international organizations operate on calendar years.
It also allowed the United States to reduce budgetary
outlays, making the United States budget deficit appear
smaller.
(2) The United States, which is assessed 22 percent
of the United Nations regular budget, now pays its dues
at least 10 months late, and often later depending on
when the relevant appropriation is enacted.
(3) This practice causes the United Nations to
operate throughout much of the year without a
significant portion of its operating budget. By
midyear, the budget is usually depleted, forcing the
United Nations to borrow from its separate peacekeeping
budget (the organization is prohibited from external
borrowing). As a result, countries that contribute to
United Nations peacekeeping missions are not reimbursed
on a timely basis.
(4) For years, the United States has been
encouraging the United Nations and other international
organizations to engage in sound, fiscally responsible
budgetary practices. In fact, many of the conditions in
United States law for paying nearly $1,000,000,000 in
debt to the United Nations and other international
organizations are aimed at this goal. But late payment
of United States dues forces the United Nations and
other international organizations to engage in
budgetary practices that are neither sound nor
responsible.
(b) Sense of Congress.--It is the sense of Congress that
the United States should initiate a process to synchronize the
payment of its assessments to the United Nations and other
international organizations over a multiyear period so that the
United States can resume paying its dues to such international
organizations at the beginning of each calendar year.
(c) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise
available for the purpose of payment of the United
States assessed contributions to the United Nations and
other international organizations, there are authorized
to be appropriated such sums as may be necessary to
carry out the policy described in subsection (b).
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
SEC. 405. REPORTS TO CONGRESS ON UNITED NATIONS ACTIVITIES.
(a) Amendments to United Nations Participation 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 Contributions.--Not later
than July 1 of each year, the Secretary of State shall submit a
report to the designated congressional committees on the extent
and disposition of all financial 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
congressional committees on all assistance
provided by the United States during the
preceding calendar year to the United Nations
to support peacekeeping operations. Each such
report shall describe the assistance provided
for each such operation, listed by category of
assistance.''; and
(4) by redesignating subsections (d), (e), (f), and
(g) as subsections (c), (d), (e), and (f),
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
Authorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 287e note), is amended by striking subsection
(d).
SEC. 406. USE OF SECRET BALLOTS WITHIN THE UNITED NATIONS.
Not later than 120 days after the date of enactment of this
Act, the Secretary shall submit a report to the appropriate
congressional committees containing a detailed analysis, and a
determination based on such analysis, on whether the use of
secret ballots within the United Nations and the specialized
agencies of the United Nations serves the interests of the
United States.
SEC. 407. SENSE OF CONGRESS RELATING TO MEMBERSHIP OF THE UNITED STATES
IN UNESCO.
It is the sense of Congress that the President, having
announced that the United States will rejoin the United Nations
Educational, Scientific, and Cultural Organization (UNESCO),
should submit a report to the appropriate congressional
committees--
(1) describing the merits of renewing the
membership and participation of the United States in
UNESCO; and
(2) detailing the projected costs of United States
membership in UNESCO.
SEC. 408. UNITED STATES MEMBERSHIP ON THE UNITED NATIONS COMMISSION ON
HUMAN RIGHTS AND INTERNATIONAL NARCOTICS CONTROL
BOARD.
The United States, in connection with its voice and vote in
the United Nations General Assembly and the United Nations
Economic and Social Council, shall make every reasonable
effort--
(1) to secure a seat for the United States on the
United Nations Commission on Human Rights;
(2) to secure a seat for a United States national
on the United Nations International Narcotics Control
Board; and
(3) to prevent membership on the Human Rights
Commission by any member nation the government of
which, in the judgment of the Secretary, based on the
Department's Annual Country Reports on Human Rights and
the Annual Report on International Report on Religious
Freedom, consistently violates internationally
recognized human rights or has engaged in or tolerated
particularly severe violations of religious freedom in
that country.
SEC. 409. PLAN FOR ENHANCED DEPARTMENT OF STATE EFFORTS TO PLACE UNITED
STATES CITIZENS IN POSITIONS OF EMPLOYMENT IN THE
UNITED NATIONS AND ITS SPECIALIZED AGENCIES.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the appropriate
congressional committees a report containing a plan that
provides for--
(1) proposals to reverse the decline in recent
years in funding and personnel resources devoted to the
placement of United States citizens in positions within
the United Nations system;
(2) steps to intensify coordinated, high-level
diplomatic efforts to place United States citizens in
senior posts in the United Nations Secretariat and the
specialized agencies of the United Nations; and
(3) appropriate mechanisms to address the
underrepresentation, relative to the United States
share of assessed contributions to the United Nations,
of United States citizens in junior positions within
the United Nations and its specialized agencies.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
SEC. 501. MODIFICATION OF LIMITATION ON GRANT AMOUNTS TO RFE/RL,
INCORPORATED.
Section 308(c) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6207(c)) is amended to read
as follows:
``(c) The total amount of grants made for the operating
costs of RFE/RL, Incorporated, may not exceed $85,000,000 in
fiscal year 2003.''.
SEC. 502. PAY PARITY FOR SENIOR EXECUTIVES OF RFE/RL, INCORPORATED.
Section 308(h)(1) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6207(h)(1)) is amended--
(1) by adding at the end the following new
subparagraph:
``(C) Notwithstanding the limitations under
subparagraph (A), grant funds provided under this
section may be used by RFE/RL, Incorporated, to pay up
to three employees employed in Washington, D.C., salary
or other compensation not to exceed the rate of pay
payable for level III of the Executive Scheduleunder
section 5314 of title 5, United States Code.''; and
(2) in subparagraph (A), by striking ``(B),'' and
inserting ``(B) or (C),''.
SEC. 503. AUTHORITY TO CONTRACT FOR LOCAL BROADCASTING SERVICES OUTSIDE
THE UNITED STATES.
Section 802(b)(4) of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1472(b)(4)) is
amended--
(1) by inserting before the period the following:
``and is authorized to enter into contracts for periods
not to exceed ten years to acquire local broadcasting
services outside the United States''; and
(2) by striking ``United States Information
Agency'' and inserting ``Broadcasting Board of
Governors''.
SEC. 504. PERSONAL SERVICES CONTRACTING PILOT PROGRAM.
(a) In General.--The Director of the International
Broadcasting Bureau (in this section referred to as the
``Director'') may establish a pilot program (in this section
referred to as the ``program'') 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 broadcast needs or to augment
broadcast services.
(b) Conditions.--The Director is authorized to use the
authority of subsection (a) subject to the following
conditions:
(1) The Director determines that existing personnel
resources are insufficient and the need is not of
permanent duration.
(2) The Director approves each employment of a
personal services contractor.
(3) The contract length, including options, may not
exceed 2 years, unless the Director makes a finding
that exceptional circumstances justify an extension of
up to one additional year.
(4) Not more than a total of 60 United States
citizens or aliens are employed at any one time as
personal services contractors under the 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. 505. TRAVEL BY VOICE OF AMERICA CORRESPONDENTS.
(a) Exemption From Responsibilities of the Secretary.--
Section 103(a)(1)(A) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4802(a)(1)(A)) is amended
in the parenthetical clause by inserting ``Voice of America
correspondents on official assignment and'' after ``other
than''.
(b) Exemption From Chief of Mission Responsibilities.--
Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)
is amended--
(1) in the parenthetical clause in subsection
(a)(1), by inserting ``Voice of America correspondents
on official assignment and'' after ``except for'';
(2) in the parenthetical clause in subsection
(a)(2), by inserting ``Voice of America correspondents
on official assignment and'' after ``except for''; and
(3) in the parenthetical clause in subsection (b),
by inserting ``Voice of America correspondents on
official assignment and'' after ``except for''.
SEC. 506. REPORT ON BROADCASTING PERSONNEL.
Not later than 120 days after the date of the enactment of
this Act, the Broadcasting Board of Governors shall submit to
the appropriate congressional committees a report regarding
senior personnel of the United States Broadcasting Board of
Governors and efforts to diversify the workforce. The report
shall include the following information, reported separately,
for the International Broadcasting Bureau, RFE/RL,
Incorporated, and Radio Free Asia:
(1) A list of all personnel positions at or above
the GS-13 pay level.
(2) The number and percentage of women and members
of minority groups in positions under paragraph (1).
(3) The increase or decrease in the representation
of women and members of minority groups in positions
under paragraph (1) from previous years.
(4) The recruitment budget for each broadcasting
entity and the aggregate budget.
(5) Information concerning the recruitment efforts
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. 507. CONFORMING AMENDMENTS.
The United States International Broadcasting Act of 1994
(22 U.S.C.6201 et seq.) is amended--
(1) in section 305(a)(4) (22 U.S.C. 6204(a)(4)), by
striking ``annually,,'' and inserting ``annually,'';
and
(2) in section 313(a) (22 U.S.C. 6212(a)), in the
text above paragraph (1), by striking ``the direction
and''.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Middle East Peace Commitments Act of 2002
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ``Middle East Peace
Commitments Act of 2002''.
SEC. 602. FINDINGS.
Congress makes the following findings:
(1) In 1993, the Palestine Liberation Organization
(in this subtitle referred to as the ``PLO'') made the
following commitments in an exchange of letters with
the Prime Minister of Israel:
(A) Recognition of the right of the State
of Israel to exist in peace and security.
(B) Acceptance of United Nations Security
Council Resolutions 242 and 338.
(C) Resolution of all outstanding issues in
the conflict between the two sides through
negotiations and exclusively peaceful means.
(D) Renunciation of the use of terrorism
and all other acts of violence and
responsibility over all PLO elements and
personnel in order to assure their compliance,
prevent violations, and discipline violators.
(2) The Palestinian Authority, the governing body
of autonomous Palestinian territories, was created as a
result of agreements between the PLO and the State of
Israel that are a direct outgrowth of the commitments
made in 1993.
(3) Congress has provided authorities to the
President to suspend certain statutory restrictions
relating to the PLO, subject to Presidential
certifications that the PLO has continued to abide by
commitments made.
SEC. 603. REPORTS.
(a) In General.--The President shall, at the times
specified in subsection (b), transmit to the appropriate
congressional committees a report on compliance by the PLO or
the Palestinian Authority, as appropriate, with each of the
commitments specified in section 602(1). The report shall
include, with respect to each such commitment, the
determination of the President as to whether or not the PLO or
the Palestinian Authority, as appropriate, has complied with
that commitment during the period since the submission of the
preceding report or, in the case of the initial report, during
the preceding six-month period. In the event that the President
imposed one or more sanctions under section 604 during the
period covered by the report, the report shall include a
description of each such sanction imposed.
(b) Transmission.--The initial report required under
subsection (a) shall be transmitted not later than 60 days
after the date of enactment of this Act. Each subsequent report
shall be submitted on the date on which the President is next
required to submit a report under the P.L.O. Commitments
Compliance Act of 1989 (title VIII of Public Law 101-246) and
may be combined with such report.
SEC. 604. IMPOSITION OF SANCTIONS.
(a) In General.--If, in any report transmitted pursuant to
section 603, the President determines that the PLO or the
Palestinian Authority, as appropriate, has not complied with
each of the commitments specified in section 602(1), or if the
President fails to make a determination with respect to such
compliance, the President shall, for a period of time not less
than the period described in subsection (b), impose one or more
of the following sanctions:
(1) Denial of visas to plo and palestinian
authority officials.--The Secretary shall direct
consular officers not to issue a visa to any member of
the PLO or any official of the Palestinian Authority.
(2) Downgrade in status of plo office in the united
states.--Notwithstanding any other provision of law,
the President shall withdraw or terminate any waiver by
the President of the requirements of section 1003 of
the Foreign Relations Authorization Act of 1988 and
1989 (22 U.S.C. 5202) (prohibiting the establishment or
maintenance of a Palestinian information office in the
United States), and such section shall apply so as to
prohibit the operation of a PLO or Palestinian
Authority office in the United States from carrying out
any function other than those functions carried out by
the Palestinian information office in existence prior
to the Oslo Accords.
(3) Designation as a foreign terrorist
organization.--The Secretary shall designate the PLO,
or one or more of its constituent groups (including
Fatah and Tanzim) or groups operating as arms of the
Palestinian Authority (including Force 17), as a
foreign terrorist organization, in accordance with
section 219(a) of the Immigration and Nationality Act.
(4) Prohibition on united states assistance to the
west bank and gaza.--United States assistance (except
humanitarian assistance) may not be provided to
programs or projects in the West Bank or Gaza.
(b) Duration of Sanctions.--The period of time referred to
in subsection (a) is the period of time commencingon the date
that the report pursuant to section 603 was transmitted and ending on
the later of--
(1) the date that is 180 days after such date; or
(2) the date that the next report under section 603
is required to be transmitted.
(c) Waiver Authority.--The President may waive any sanction
imposed under subsection (a) if the President determines that
such a waiver is in the national security interest of the
United States. The President shall report such a determination
to the appropriate congressional committees.
Subtitle B--Tibet Policy
SEC. 611. SHORT TITLE.
This subtitle may be cited as ``Tibetan Policy Act of
2002''.
SEC. 612. STATEMENT OF PURPOSE.
The purpose of this subtitle is to support the aspirations
of the Tibetan people to safeguard their distinct identity.
SEC. 613. TIBET NEGOTIATIONS.
(a) Policy.--
(1) In general.--The President and the Secretary
should encourage the Government of the People's
Republic of China to enter into a dialogue with the
Dalai Lama or his representatives leading to a
negotiated agreement on Tibet.
(2) Compliance.--After such an agreement is
reached, the President and the Secretary should work to
ensure compliance with the agreement.
(b) Periodic Reports.--Not later than 180 days after the
date of the enactment of this Act, and every 12 months
thereafter, the President shall transmit to the appropriate
congressional committees a report on--
(1) the steps taken by the President and the
Secretary in accordance with subsection (a)(1); and
(2) the status of any discussions between the
People's Republic of China and the Dalai Lama or his
representatives.
SEC. 614. REPORTING ON TIBET.
Whenever a report is transmitted to Congress under section
116 or 502B of the Foreign Assistance Act of 1961 (22 U.S.C.
2151m, 2304) or under section 102(b) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6412(b)), Tibet shall
be included in such report as a separate section.
SEC. 615. CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC
OF CHINA.
Section 302(h) of the U.S.-China Relations Act of 2000
(Public Law 106-286), relating to the Congressional-Executive
Commission on the People's Republic of China, is amended--
(1) by striking ``shall include specific
information'' and inserting the following: ``shall
include--
``(1) specific information'';
(2) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(2) a description of the status of negotiations
between the Government of the People's Republic of
China and the Dalai Lama or his representatives, and
measures taken to safeguard Tibet's distinct
historical, religious, cultural, and linguistic
identity and the protection of human rights.''.
SEC. 616. ECONOMIC DEVELOPMENT IN TIBET.
(a) Declarations of Policy.--It is the policy of the United
States to support economic development, cultural preservation,
health care, and education and environmental sustainability for
Tibetans inside Tibet. In support of this policy, the United
States shall use its voice and vote to support projects
designed in accordance with the principles contained in
subsection (d) that are designed to raise the standard of
living for the Tibetan people and assist Tibetans to become
self-sufficient.
(b) International Financial Institutions.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to support projects in
Tibet, if the projects are designed in accordance with the
principles contained in subsection (d).
(c) Export-Import Bank and TDA.--The Export-Import Bank of
the United States and the Trade and Development Agency should
support projects proposed to be funded or otherwise supported
by such entities in Tibet, if the projects are designed in
accordance with the principles contained in subsection (d).
(d) Tibet Project Principles.--Projects in Tibet supported
by international financial institutions, other international
organizations, nongovernmental organizations, and the United
States entities referred to in subsection (c), should--
(1) be implemented only after conducting a thorough
assessment of the needs of the Tibetan people through
field visits and interviews;
(2) be preceded by cultural and environmental
impact assessments;
(3) foster self-sufficiency and self-reliance of
Tibetans;
(4) promote accountability of the development
agencies to the Tibetan people and active participation
of Tibetans in all project stages;
(5) respect Tibetan culture, traditions, and the
Tibetan knowledge and wisdom about their landscape and
survival techniques;
(6) be subject to on-site monitoring by the
development agencies to ensure that the intended target
group benefits;
(7) be implemented by development agencies prepared
to use Tibetan as the working language of the projects;
(8) neither provide incentive for, nor facilitate
the migration and settlement of, non-Tibetans into
Tibet; and
(9) neither provide incentive for, nor facilitate
the transfer of ownership of, Tibetan land or natural
resources to non-Tibetans.
SEC. 617. RELEASE OF PRISONERS AND ACCESS TO PRISONS.
The President and the Secretary, in meetings with
representatives of the Government of the People's Republic of
China, should--
(1) request the immediate and unconditional release
of all those held prisoner for expressing their
political or religious views in Tibet;
(2) seek access for international humanitarian
organizations to prisoners in Tibet to ensure that
prisoners are not being mistreated and are receiving
necessary medical care; and
(3) seek the immediate medical parole of Tibetan
prisoners known to be in serious ill health.
SEC. 618. ESTABLISHMENT OF A UNITED STATES BRANCH OFFICE IN LHASA,
TIBET.
The Secretary should make best efforts to establish an
office in Lhasa, Tibet, to monitor political, economic, and
cultural developments in Tibet.
SEC. 619. REQUIREMENT FOR TIBETAN LANGUAGE TRAINING.
The Secretary shall ensure that Tibetan language 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 a United States post in the People's
Republic of China responsible for monitoring developments in
Tibet.
SEC. 620. RELIGIOUS PERSECUTION IN TIBET.
(a) High-Level Contacts.--Pursuant to section 105 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6414),
the United States Ambassador to the People's Republic of China
should--
(1) meet with the 11th Panchen Lama, who was taken
from his home on May 17, 1995, and otherwise ascertain
information concerning his whereabouts and well-being;
and
(2) request that the Government of the People's
Republic of China release the 11th Panchen Lama and
allow him to pursue his religious studies without
interference and according to tradition.
(b) Promotion of Increased Advocacy.--Pursuant to section
108(a) of the International Religious Freedom Act of 1998 (22
U.S.C. 6417(a)), it is the sense of Congress that
representatives of the United States Government in exchanges
with officials of the Government of the People's Republic of
China should call for and otherwise promote the cessation of
all interference by the Government of the People's Republic of
China or the Communist Party in the religious affairs of the
Tibetan people.
SEC. 621. UNITED STATES SPECIAL COORDINATOR FOR TIBETAN ISSUES.
(a) United States Special Coordinator for Tibetan Issues.--
There shall be within the Department a United States Special
Coordinator for Tibetan Issues (in this section referred to as
the ``Special Coordinator'').
(b) Consultation.--The Secretary shall consult with the
chairmen and ranking minority members of the appropriate
congressional committees prior to the designation of the
Special Coordinator.
(c) Central Objective.--The central objective of the
Special Coordinator is to promote substantive dialogue between
the Government of the People's Republic of China and the Dalai
Lama or his representatives.
(d) Duties and Responsibilities.--The Special Coordinator
shall--
(1) coordinate United States Government policies,
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,
cultural, and political leaders of the Tibetan people,
including 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 people;
(5) make efforts to establish contacts in the
foreign ministries of other countries to pursue a
negotiated 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.
Subtitle C--East Timor Transition to Independence Act of 2002
SEC. 631. SHORT TITLE.
This subtitle may be cited as the ``East Timor Transition
to Independence Act of 2002''.
SEC. 632. BILATERAL ASSISTANCE.
(a) Authority.--The President, acting through the
Administrator of the United States Agency for International
Development, is authorized to--
(1) support the development of civil society,
including nongovernmental organizations in East Timor;
(2) promote the development of an independent news
media;
(3) support job creation, including support for
small business and microenterprise programs,
environmental protection, sustainable development,
development of East Timor's health care infrastructure,
educational programs, and programs strengthening the
role of women in society;
(4) promote reconciliation, conflict resolution,
and prevention of further conflict with respect to East
Timor, including establishing accountability for past
gross human rights violations;
(5) support the voluntary and safe repatriation and
reintegration of refugees into East Timor;
(6) support political party development, voter
education, voter registration, and other activities in
support of free and fair elections in East Timor; and
(7) promote the development of the rule of law.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the President to carry out this section
$25,000,000 for the fiscal year 2003.
(2) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under paragraph (1)
are authorized to remain available until expended.
SEC. 633. MULTILATERAL ASSISTANCE.
The Secretary of the Treasury shall instruct the United
States executive director at each international financial
institution to which the United States is a member to use the
voice, vote, and influence of the United States to support
economic and democratic development in East Timor.
SEC. 634. TRADE AND INVESTMENT ASSISTANCE.
(a) OPIC.--The President should initiate negotiations with
the Government of East Timor to enter into a new agreement
authorizing the Overseas Private Investment Corporation to
carry out programs with respect to East Timor in order to
expand United States investment in East Timor, emphasizing
partnerships with local East Timorese enterprises.
(b) Trade and Development Agency.--
(1) In general.--The Director of the Trade and
Development Agency is authorized to carry out projects
in East Timor under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421).
(2) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to the Trade and Development
Agency to carry out this subsection $1,000,000
for fiscal year 2003.
(B) Availability.--Amounts appropriated
pursuant to the authorization of appropriations
under subparagraph (A) are authorized to remain
available until expended.
(c) Export-Import Bank.--The Export-Import Bank of the
United States should expand its activities in connection with
exports to East Timor to the extent such activities are
requested and to the extent there is a reasonable assurance of
repayment.
SEC. 635. GENERALIZED SYSTEM OF PREFERENCES.
As soon as possible after the enactment of this Act, the
United States Trade Representative and the Commissioner of
Customs should send an assessment team to East Timor to compile
a list of duty-free eligible products so that the Government of
East Timor can begin the process of applying for General System
of Preference benefits.
SEC. 636. AUTHORITY FOR RADIO BROADCASTING.
The Broadcasting Board of Governors should broadcast to
East Timor in an appropriate language or languages.
SEC. 637. SECURITY ASSISTANCE FOR EAST TIMOR.
(a) Study and Report.--
(1) Study.--The President shall conduct a study to
determine--
(A) the extent to which East Timor's
security needs can be met by the transfer of
excess defense articles under section 516 of
the Foreign Assistance Act of 1961;
(B) the extent to which international
military education and training (IMET)
assistancewill enhance professionalism of the
armed forces of East Timor, provide training in human rights, and
promote respect for human rights and humanitarian law; and
(C) the terms and conditions under which
such defense articles or training, as
appropriate, should be provided.
(2) Report.--Not later than 180 days after the date
of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a
report that contains the findings of the study
conducted under paragraph (1).
(b) Authorization of Assistance.--
(1) In general.--Beginning on the date on which
Congress receives the report transmitted under
subsection (a)(2), or the date on which Congress
receives the certification transmitted under paragraph
(2), whichever occurs later, the President is
authorized--
(A) to transfer excess defense articles
under section 516 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j) to East Timor in
accordance with such section; and
(B) to provide military education and
training under chapter 5 of part II of such Act
(22 U.S.C. 2347 et seq.) for the armed forces
of East Timor in accordance with such chapter.
(2) Certification.--A certification described in
this paragraph is a certification that--
(A) East Timor has established an
independent armed forces; and
(B) the assistance proposed to be provided
pursuant to paragraph (1)--
(i) is in the national security
interests of the United States; and
(ii) will promote both human rights
in East Timor and the
professionalization of the armed forces
of East Timor.
SEC. 638. REPORTING REQUIREMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and every 12 months thereafter for the
next five years, the Secretary shall prepare and transmit to
the appropriate congressional committees a report that contains
the information described in subsection (b).
(b) Information.--The report required by subsection (a)
shall include--
(1) developments in East Timor's political and
economic situation in the period covered by the report,
including an evaluation of any elections which have
occurred in East Timor and the refugee reintegration
process in East Timor;
(2) in the initial report, a 3-year plan for United
States foreign assistance to East Timor in accordance
with section 632, prepared by the Administrator of the
United States Agency for International Development,
which outlines the goals for United States foreign
assistance to East Timor during the 3-year period;
(3) a description of the activities undertaken in
East Timor by the International Bank for Reconstruction
and Development, the Asian Development Bank, and other
international financial institutions, and an evaluation
of the effectiveness of these activities;
(4) an assessment of the status of United States
trade and investment relations with East Timor,
including a detailed analysis of any trade and
investment-related activity supported by the Overseas
Private Investment Corporation, the Export-Import Bank
of the United States, or the Trade and Development
Agency during the period of time since the previous
report;
(5) a comprehensive study and report on local
agriculture in East Timor, emerging opportunities for
producing, processing, and exporting indigenous
agricultural products, and recommendations for
appropriate technical assistance from the United
States; and
(6) statistical data drawn from other sources on
economic growth, health, education, and distribution of
resources in East Timor.
Subtitle D--Clean Water for the Americas Partnership
SEC. 641. SHORT TITLE.
This subtitle may be cited as the ``Clean Water for the
Americas Partnership Act of 2002''.
SEC. 642. DEFINITIONS.
In this subtitle:
(1) Joint project.--The term ``joint project''
means a project between a United States association or
nonprofit entity and a Latin American or Caribbean
association or nongovernmental organization.
(2) Latin american or caribbean nongovernmental
organization.--The term ``Latin American or Caribbean
nongovernmental organization'' includes any institution
of higher education, any private nonprofit entity
involved in international education activities, or any
research institute or other research organization,
based in the region.
(3) Region.--The term ``region'' refers to the
region comprised of the member countries of the
Organization of American States (other than the United
States and Canada).
(4) United states association.--The term ``United
States association'' means a business league described
in section 501(c)(6) of the Internal Revenue Code of
1986 (26 U.S.C. 501(c)(6)), and exempt from taxation
under section 501(a) of such Code (26 U.S.C. 501(a)).
(5) United states nonprofit entity.--The term
``United States nonprofit entity'' includes any
institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)), any private nonprofit entity involved in
international education activities, or any research
institute or other research organization, based in the
United States.
SEC. 643. ESTABLISHMENT OF PROGRAM.
The President is authorized to establish a program which
shall be known as the ``Clean Water for the Americas
Partnership''.
SEC. 644. ENVIRONMENTAL ASSESSMENT.
The President is authorized to conduct a comprehensive
assessment of the environmental problems in the region to
determine--
(1) which environmental problems threaten human
health the most, particularly the health of the urban
poor;
(2) which environmental problems are most
threatening, in the long-term, to the region's natural
resources;
(3) which countries have the most pressing
environmental problems; and
(4) whether and to what extent there is a market
for United States environmental technology, practices,
knowledge, and innovations in the region.
SEC. 645. ESTABLISHMENT OF TECHNOLOGY AMERICA CENTERS.
(a) Authority To Establish.--The President, acting through
the Director General of the United States and Foreign
Commercial Service of the Department of Commerce, is authorized
to establish Technology America Centers (TEAMs) in the region
to serve the entire region and, where appropriate, to establish
TEAMs in urban areas of the region to focus on urban
environmental problems.
(b) Functions.--The TEAMs would link United States private
sector environmental technology firms with local partners, both
public and private, by providing logistic and information
support to United States firms seeking to find local partners
and opportunities for environmental projects. TEAMs should
emphasize assisting United States small businesses.
(c) Location.--In determining whether to locate a TEAM in a
country, the President, acting through the Director General of
the United States and Foreign Commercial Service of the
Department of Commerce, shall take into account the country's
need for logistic and informational support and the
opportunities presented for United States firms in the country.
A TEAM may be located in a country without regard to whether a
mission of the United States Agency for International
Development is established in that country.
SEC. 646. PROMOTION OF WATER QUALITY, WATER TREATMENT SYSTEMS, AND
ENERGY EFFICIENCY.
Subject to the availability of appropriations, the
President is authorized to provide matching grants to United
States associations and United States nonprofit entities for
the purpose of promoting water quality, water treatment
systems, and energy efficiency in the region. The grants shall
be used to support joint projects, including professional
exchanges, academic fellowships, training programs in the
United States or in the region, cooperation in regulatory
review, development of training materials, the establishment
and development in the region of local chapters of the
associations or nonprofit entities, and the development of
online exchanges.
SEC. 647. GRANTS FOR PREFEASIBILITY STUDIES WITHIN A DESIGNATED
SUBREGION.
(a) Grant Authority.--
(1) In general.--Subject to the availability of
appropriations, the Director of the Trade and
Development Agency is authorized to make grants for
prefeasibility studies for water projects in any
country within a single subregion or in a single
country designated under paragraph (2).
(2) Designation of subregion.--The Director of the
Trade and Development Agency shall designate in advance
a single subregion or a single country for purposes of
paragraph (1).
(b) Matching Requirement.--The Director of the Trade and
Development Agency may not make any grant under this section
unless there are made available non-Federal contributions in an
amount equal to not less than 25 percent of the amount of
Federal funds provided under the grant.
(c) Limitation Per Single Project.--With respect to any
single project, grant funds under this section shall be
available only for the prefeasibility portion of that project.
(d) Definitions.--In this section:
(1) Prefeasibility.--The term ``prefeasibility''
means, with respect to a project, not more than 25
percent of the design phase of the project.
(2) Subregion.--The term ``subregion'' means an
area within the region and includes areas such as
Central America, the Andean region, and the Southern
cone.
SEC. 648. CLEAN WATER TECHNICAL SUPPORT COMMITTEE.
(a) In General.--The President is authorized to establish a
Clean Water Technical Support Committee (in this section
referred to as the ``Committee'') to provide technical support
and training services for individual water projects.
(b) Composition.--The Committee shall consist of
international investors, lenders, water service providers,
suppliers, advisers, and others with a direct interest in
accelerating development of water projects in the region.
(c) Functions.--Members of the Committee shall act as field
advisers and may form specialized working groups to provide in-
country training and technical assistance, and shall serve as a
source of technical support to resolve barriers to project
development.
SEC. 649. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the President $10,000,000 for each of the fiscal years 2003,
2004, and 2005 to carry out this subtitle.
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to remain available until
expended.
SEC. 650. REPORT.
Eighteen months after the establishment of the program
pursuant to section 643, the President shall submit a report to
the appropriate congressional committees containing--
(1) an assessment of the progress made in carrying
out the program established under this subtitle; and
(2) any recommendations for the enactment of
legislation to make changes in the program established
under this subtitle.
SEC. 651. TERMINATION DATE.
(a) In General.--Except as provided in subsection (b), the
authorities of this subtitle shall terminate 3 years after the
date of establishment of the program described in section 643.
(b) Exception.--In lieu of the termination date specified
in subsection (a), the termination required by that subsection
shall take effect five years after the date of establishment of
the program described in section 643 if, prior to the
termination date specified in subsection (a), the President
determines and certifies to the appropriate congressional
committees that it would be in the national interest of the
United States to continue the program described in such section
643 for an additional 2-year period.
SEC. 652. EFFECTIVE DATE.
This subtitle shall take effect 90 days after the date of
enactment of this Act.
Subtitle E--Freedom Investment Act of 2002
SEC. 661. SHORT TITLE.
This subtitle may be cited as the ``Freedom Investment Act
of 2002''.
SEC. 662. PURPOSES.
The purposes of this subtitle are the following:
(1) To underscore that promoting and protecting
human rights is in the national interests of the United
States and is consistent with American values and
beliefs.
(2) To establish a goal of devoting one percent of
the funds available to the Department under
``Diplomatic and Consular Programs'', other than such
funds that will be made available for worldwide
security upgrades and information resource management,
to enhance the ability of the United States to promote
respect for human rights and the protection of human
rights defenders.
SEC. 663. HUMAN RIGHTS ACTIVITIES AT THE DEPARTMENT OF STATE.
(a) Increasing Resources and Importance of Human Rights.--
It is the sense of Congress that--
(1) the budget for the Bureau of Democracy, Human
Rights, and Labor for fiscal years 2003 and 2004 should
be substantially increased so that beginning in fiscal
year 2005, and each fiscal year thereafter, not less
than 1 percent of the amounts made available to the
Department under the heading ``Diplomatic and Consular
Programs'', other than amounts made available for
worldwide security upgrades and information resource
management, should be made available for salaries and
expenses of the Bureau of Democracy, Human Rights, and
Labor; and
(2) any assignment of an individual to a political
officer position at a United States mission abroad that
has the primary responsibility for monitoring human
rights developments in a foreign country should be made
upon the recommendation of the Assistant Secretary of
State for Democracy, Human Rights, and Labor in
conjunction with the head of the Department's regional
bureau having primary responsibility for that country.
(b) Plan Related to Human Rights Activities.--Not later
than 180 days after the date of enactment of this Act, the
Secretary shall submit to the appropriate congressional
committees a report containing a plan for the Department
designed to achieve the following objectives:
(1) Improving the integration of human rights
policy into the Department's overall policy formulation
and implementation.
(2) Achieving closer communication and policy
coordination between the Bureau of Democracy, Human
Rights, and Labor and the regional bureaus of the
Department, both within the United States and at
overseas posts.
(3) Assigning individuals recommended by the Bureau
of Democracy, Human Rights, and Labor, in conjunction
with the relevant Department regional bureau, to
political officer positions at United States missions
abroad that have the primary responsibility for
monitoring human rights developments in foreign
countries.
SEC. 664. HUMAN RIGHTS AND DEMOCRACY FUND.
(a) Establishment of Fund.--There is established a Human
Rights and Democracy Fund (in this section referred to as the
``Fund'') to be administered by the Assistant Secretary of
State for Democracy, Human Rights, and Labor.
(b) Purposes of Fund.--The purposes of the Fund shall be--
(1) to support defenders of human rights;
(2) to assist the victims of human rights
violations;
(3) to respond to human rights emergencies;
(4) to promote and encourage the growth of
democracy, including the support for nongovernmental
organizations in foreign countries; and
(5) to carry out such other related activities as
are consistent with paragraphs (1) through (4).
(c) Funding.--
(1) In general.--Of the amounts made available to
carry out chapter 4 of part II of the Foreign
Assistance Act of 1961 for fiscal year 2003,
$21,500,000 is authorized to be available to the Fund
for carrying out the purposes described in subsection
(b). Amounts made available to the Fund under this
paragraph shall also be deemed to have been made
available under section 116(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(e)).
(2) Allocation of funds for the documentation
center of cambodia.--Of the amount authorized to be
available to the Fund under paragraph (1) for fiscal
year 2003, $1,000,000 is authorized to be available for
the Documentation Center of Cambodia for the purpose of
collecting, cataloguing, and disseminating information
about the atrocities committed by the Khmer Rouge
against the Cambodian people.
(3) Father john kaiser memorial fund.--Of the
amount authorized to be available to the Fund under
paragraph (1) for fiscal year 2003, $500,000 is
authorized to be available to advance the extraordinary
work and values of Father John Kaiser with respect to
solving ethnic conflict and promoting government
accountability and respect for human rights. The amount
made available under this paragraph may be referred to
as the ``Father John Kaiser Memorial Fund''.
SEC. 665. REPORTS ON ACTIONS TAKEN BY THE UNITED STATES TO ENCOURAGE
RESPECT FOR HUMAN RIGHTS.
(a) Section 116 Report.--Section 116(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended--
(1) in paragraph (7), by striking ``and'' at the
end and inserting a semicolon;
(2) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(9) for each country with respect to which the
report indicates that extrajudicial killings, torture,
or other serious violations of human rights have
occurred in the country, the extent to which the United
States has taken or will take action to encourage an
end to such practices in the country.''.
(b) Section 502B Report.--Section 502B(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended by
inserting after the fourth sentence the following: ``Such
report shall also include, for each country with respect to
which the report indicates that extrajudicial killings,
torture, or other serious violations of human rights have
occurred in the country, the extent to which the United States
has taken or will take action to encourage an end to such
practices in the country.''.
(c) Separate Report.--The information to be included in the
report required by sections 116(d) and 502B(b) of the Foreign
Assistance Act of 1961 pursuant to the amendments made by
subsections (a) and (b) may be submitted by the Secretary as a
separate report. If the Secretary elects to submit such
information as a separate report, such report shall be
submitted not later than 30 days after the date of submission
of the report required by section 116(d) and 502B(b) of the
Foreign Assistance Act of 1961.
Subtitle F--Elimination and Streamlining of Reporting Requirements
SEC. 671. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS.
The following provisions of law are hereby repealed:
(1) Economic policy and trade practices.--Section
2202 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4711).
(2) Annual reports on economic and social growth.--
Section 574 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
1996 (22 U.S.C. 2394 note).
(3) Reporting requirements regarding certain leases
of real property.--Section 488(a)(3) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291g(3); relating to
reporting requirements regarding certain leases of real
property).
(4) Reporting requirements regarding placement of
senior foreign service personnel.--Section 324 of the
Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001
(section 324 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-437).
SEC. 672. BIENNIAL REPORTS ON PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.
(a) Conversion of annual reports to biennial reports.--
Section 133(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2152c(d)) is amended--
(1) in the subsection heading, by striking ``Annual
Report'' and inserting ``Biennial Reports''; and
(2) in paragraph (1)--
(A) in the text above subparagraph (A), by
striking ``an annual report'' and inserting ``a
biennial report'';
(B) in subparagraph (A), by striking
``prior year'' and inserting ``preceding two-
year period''; and
(C) in subparagraph (B), by striking
``prior year'' and inserting ``preceding two-
year period''.
(b) Transition.--The first biennial report under section
133(d) of the Foreign Assistance Act of 1961 (22
U.S.C.2152c(d)), as amended by subsection (a), is required to be
submitted not later than two years after the date of submission of the
last annual report required under such section 133 (as in effect before
the date of enactment of this Act).
Subtitle G--Other Matters
SEC. 681. AMENDMENTS TO THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF
1998.
(a) Violations of Religious Freedom.--Section 102(b)(1)(B)
of the International Religious Freedom Act of 1998 (22 U.S.C.
6412(b)(1)(B)) is amended by inserting ``including policies
that discriminate against particular religious groups or
members of such groups,'' after ``the existence of government
policies violating religious freedom,''.
(b) Establishment of Staggered Terms of Members of
Commission.--Section 201(c) of such Act (22 U.S.C. 6431(c)) is
amended by adding after paragraph (1) the following new
paragraph:
``(2) Establishment of staggered terms.--
``(A) In general.--Notwithstanding
paragraph (1), members of the Commission
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 provisions of this paragraph.
``(B) Presidential appointments.--Of the
three members of the Commission appointed by
the President under subsection (b)(1)(B)(i),
two shall be appointed to a 1-year term and one
shall be appointed to a 2-year term.
``(C) Appointments by the president pro
tempore of the senate.--Of the three members of
the Commission appointed by the President pro
tempore of the Senate under subsection
(b)(1)(B)(ii), one of the appointments made
upon the recommendation of the leader in the
Senate of the political party that is not the
political party of the President shall be
appointed to a 1-year term, and the other two
appointments under such clause shall be 2-year
terms.
``(D) Appointments by the speaker of the
house of representatives.--Of the three members
of the Commission appointed by the Speaker of
the House of Representatives under subsection
(b)(1)(B)(iii), one of the appointments made
upon the recommendation of the leader in the
House of the political party that is not the
political party of the President shall be to a
1-year term, and the other two appointments
under such clause shall be 2-year terms.
``(E) Appointments to 1-year terms.--The
term of each member of the Commission appointed
to a 1-year term shall be considered to have
begun on May 15, 2003, and shall end on May 14,
2004, regardless of the date of the appointment
to the Commission. Each vacancy which occurs
upon the expiration of the term of a member
appointed to a 1-year term shall be filled by
the appointment of a successor to a 2-year
term.
``(F) Appointments to 2-year terms.--Each
appointment of a member to a two-year term
shall identify the member succeeded thereby,
and each such term shall end on May 14 of the
year that is at least two years after the
expiration of the previous term, regardless of
the date of the appointment to the
Commission.''.
(c) Election of Chair of Commission.--Section 201(d) of
such Act (22 U.S.C. 6431(d)) is amended by striking ``in each
calendar'' and inserting ``after May 30 of each''.
(d) 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 appointed to
fill a vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be appointed
only for the remainder of that term.''.
(e) Authorizations of Appropriations.--Section 207(a) of
such Act (22 U.S.C. 6435(a)) is amended by inserting ``for the
fiscal year 2003'' after ``$3,000,000''.
(f) Procurement of Nongovernmental Services.--The third
sentence of section 208(c)(1) of such Act (22 U.S.C.
6435a(c)(1)) is amended to read as follows: ``The Commission
may procure temporary and intermittent services under the
authority of section 3109(b) of title 5, United States Code,
except that the Commission may not expend more than $100,000 in
any fiscal year to procure such services.''.
(g) Revised Termination Date of Commission.--Section 209 of
the International Religious Freedom Act of 1998 (22 U.S.C.
6436) is amended by striking ``May 14, 2003'' and inserting
``September 30, 2011''.
SEC. 682. AMENDMENTS TO THE VICTIMS OF TRAFFICKING AND VIOLENCE
PROTECTION ACT OF 2000.
(a) Assistance for Victims in Other Countries.--Section
107(a)(1) of the Victims of Trafficking andViolence Protection
Act of 2000 (22 U.S.C. 7105(a)(1)) is amended by adding at the end the
following: ``In addition, such programs and initiatives shall, to the
maximum extent practicable, include the following:
``(A) Support for local in-country
nongovernmental organization-operated hotlines,
culturally and linguistically appropriate
protective shelters, and regional and
international nongovernmental organization
networks and databases on trafficking,
including support to assist nongovernmental
organizations in establishing service centers
and systems that are mobile and extend beyond
large cities.
``(B) Support for nongovernmental
organizations and advocates to provide legal,
social, and other services and assistance to
trafficked individuals, particularly those
individuals in detention.
``(C) Education and training for trafficked
women and girls.
``(D) The safe integration or reintegration
of trafficked individuals into an appropriate
community or family, with full respect for the
wishes, dignity, and safety of the trafficked
individual.
``(E) Support for developing or increasing
programs to assist families of victims in
locating, repatriating, and treating their
trafficked family members, in assisting the
voluntary repatriation of these family members
or their integration or resettlement into
appropriate communities, and in providing them
with treatment.''.
(b) Authorization of Appropriations.--Section 113 of the
Victims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7110) is amended--
(1) in subsection (a), by striking ``for fiscal
year 2002'' and inserting ``for each of the fiscal
years 2002 and 2003'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``and
$10,000,000 for fiscal year 2002'' and
inserting ``, $10,000,000 for fiscal year 2002,
and $15,000,000 for fiscal year 2003''; and
(B) in paragraph (2)--
(i) by striking ``there are
authorized to be appropriated to the
Secretary of State'' and inserting
``there is authorized to be
appropriated to the Secretary of State
for each of the fiscal years 2001,
2002, and 2003''; and
(ii) by striking ``for fiscal year
2001'' and inserting ``for such fiscal
year''; and
(3) in paragraphs (1) and (2) of subsection (e), by
striking ``and $10,000,000 for fiscal year 2002'' each
place it appears and inserting ``, $10,000,000 for
fiscal year 2002, and $15,000,000 for fiscal year
2003''.
SEC. 683. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON CHILD SOLDIERS.
(a) Countries Receiving Economic Assistance.--Section
116(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d)), as amended by section 665(a) of this Act, is further
amended--
(1) in paragraph (8), by striking ``and'' at the
end;
(2) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(10)(A) wherever applicable, a description of the
nature and extent--
``(i) of the compulsory recruitment and
conscription of individuals under the age of 18
by armed forces of the government of the
country, government-supported paramilitaries,
or other armed groups, and the participation of
such individuals in such groups; and
``(ii) that such individuals take a direct
part in hostilities;
``(B) what steps, if any, taken by the government
of the country to eliminate such practices; and
``(C) such other information related to the use by
such government of individuals under the age of 18 as
soldiers, as determined to be appropriate by the
Secretary.''.
(b) Countries Receiving Security Assistance.--Section
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2304(b)) is amended by inserting after the sixth sentence the
following: ``Each report under this section shall also include
(i) wherever applicable, a description of the nature and extent
of the compulsory recruitment and conscription of individuals
under the age of 18 by armed forces of the government of the
country, government-supported paramilitaries, or other armed
groups, the participation of such individuals in such groups,
and the nature and extent that such individuals take a direct
part in hostilities, (ii) what steps, if any, taken by the
government of the country to eliminate such practices, and
(iii) such other information related to the use by such
government of individuals underthe age of 18 as soldiers, as
determined to be appropriate by the Secretary of State.''.
SEC. 684. EXTENSION OF AUTHORITY FOR CAUCUS ON INTERNATIONAL NARCOTICS
CONTROL.
Section 814(i) of the Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987 (Public Law 99-93) is amended by
striking ``2002'' and inserting ``2005''.
SEC. 685. PARTICIPATION OF SOUTH ASIAN COUNTRIES IN INTERNATIONAL LAW
ENFORCEMENT.
The Secretary 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 Bangkok,
Thailand, and Budapest, Hungary, consistent with other
provisions of law, with the goal of enhancing regional
cooperation in the fight against transnational crime.
SEC. 686. PAYMENT OF ANTI-TERRORISM JUDGMENTS.
Section 2002(a)(2)(A)(ii) of the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386; 114 Stat.
1542)) is amended by striking ``or July 27, 2000'' and
inserting ``June 6, 2000, July 27, 2000, or January 16, 2002''.
SEC. 687. REPORTS ON PARTICIPATION BY SMALL BUSINESSES IN PROCUREMENT
CONTRACTS OF USAID.
(a) Initial Report.--Not later than 120 days after the date
of the enactment of this Act, the Administrator shall submit to
the designated congressional committees a report that contains
the following:
(1) For each of the fiscal years 2000, 2001, and
2002:
(A) The total number of the contracts that
were awarded by the Agency to--
(i) all small businesses;
(ii) small business concerns owned
and controlled by socially and
economically disadvantaged individuals;
(iii) small business concerns owned
and controlled by women;
(iv) small businesses participating
in the program under section 8(a) of
such Act (15 U.S.C. 637(a)); and
(v) qualified HUBZone small
business concerns.
(B) The percentage of all contracts awarded
by the Agency that were awarded to the small
businesses in each category of small businesses
specified in clauses (i) through (v) of
subparagraph (A), as computed on the basis of
dollar amounts.
(C) Of all contracts awarded by the Agency
for performance in the United States, the
percentage of the contracts that were awarded
to the small businesses in each category of
small businesses specified in clauses (i)
through (v) of subparagraph (A), as computed on
the basis of dollar amounts.
(D) To the extent available--
(i) the total number of grant and
cooperative agreements that were made
by the Agency to the small businesses
in each category of small businesses
specified in clauses (i) through (v) of
subparagraph (A);
(ii) the percentage of all grant
and cooperative agreements awarded by
the Agency that were awarded to small
businesses in each category of small
businesses specified in clauses (i)
through (v) of subparagraph (A), as
computed on the basis of dollar
amounts; and
(iii) of all grant and cooperative
agreements made by the Agency to
entities in the United States, the
percentage of the grant and cooperative
agreements that were awarded to small
businesses in each category of small
businesses specified in clauses (i)
through (v) of subparagraph (A), as
computed on the basis of dollar
amounts.
(E) To the extent available--
(i) the total dollar amount of all
subcontracts entered into with the
small businesses in each category
specified in clauses (i) through (v) of
subparagraph (A) by the prime
contractors for contracts entered into
by the Agency; and
(ii) the percentage of all
contracts entered into by the Agency
that were performed under subcontracts
described in clause (i), as computed on
the basis of dollar amounts.
(2) An analysis of any specific industries or
sectors that are underrepresented by small businesses
in the awarding of contracts by the Agency and, to the
extent such information is available, such analysis
pertaining to the making of grants and cooperative
agreements by the Agency.
(3) A specific plan of outreach, including
measurable achievement milestones, to increase the
total number of contracts that are awarded by the
Agency, and the percentage of all contracts awarded by
the Agency (computed on the basis of dollar amount)
that are awarded, to--
(A) all small businesses;
(B) small business concerns owned and
controlled by socially and economically
disadvantaged individuals;
(C) small business concerns owned and
controlled by women;
(D) small businesses participating in the
program under section 8(a) of such Act (15
U.S.C. 637(a)); and
(E) qualified HUBZone small business
concerns,
in order to meet the statutory and voluntary targets
established by the Agency and the Small Business
Administration, with a particular focus on the
industries or sectors identified in paragraph (2).
(4) Any other information the Administrator
determines appropriate.
(b) Plan To Increase Small Business Contracting.--The plan
required for the report under subsection (a)(3) shall include
the following matters:
(1) Proposals and milestones that apply to all
contracts entered into by or on behalf of the Agency in
Washington, D.C., and proposals and milestones that
apply to all contracts entered into by or on behalf of
the Agency by offices outside Washington, D.C.
(2) Proposals and milestones of the Agency to
increase the amount of subcontracting to businesses
described in such subsection (a)(3) by the prime
contractors of the Agency.
(3) With the milestones described in paragraph (2),
a description of how the Administrator plans to use the
failure of a prime contractor to meet goals as a
ranking factor for evaluating any other submission from
the contractor for future contracts by the Agency.
(c) Annual Reports.--Not later than January 31, 2004,
January 31, 2005, and January 31, 2006, the Administrator shall
submit to the designated congressional committees a report for
the preceding fiscal year that contains a description of the
percentage of total contract and grant and cooperative
agreement dollar amounts that were entered into by the Agency,
and the total number of contracts and grants and cooperative
agreements that were awarded by the Agency, to small businesses
in each category specified in clauses (i) through (v) of
subsection (a)(1)(A) during such fiscal year. The report for a
fiscal year shall include, separately stated for contracts and
grant and cooperative agreements entered into by the Agency,
the percentage of the contracts and grant and cooperative
agreements, respectively, that were awarded to small businesses
in each such category, as computed on the basis of dollar
amounts. The report shall also include a description of
achievements toward measurable milestones for direct contracts
of the Agency entered into by offices outside of Washington,
D.C., and for subcontracting by prime contractors of the
Agency.
(d) Definitions.--In this section:
(1) Administrator.--The term ``Administrator''
means the Administrator of the United States Agency for
International Development.
(2) Agency.--The term ``Agency'' means the United
States Agency for International Development.
(3) Designated congressional committees.--The term
``designated congressional committees'' means--
(A) the Committee on International
Relations and the Committee on Small Business
of the House of Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Small Business of the Senate.
SEC. 688. PROGRAM TO IMPROVE BUILDING CONSTRUCTION AND PRACTICES IN
LATIN AMERICAN COUNTRIES.
(a) In General.--The President, acting through the
Administrator of the United States Agency for International
Development, is authorized, under such terms and conditions as
the President may determine, to carry out a program to improve
building construction codes and practices in Ecuador, El
Salvador, and other Latin American countries (in this section
referred to as the ``program'').
(b) Program Description.--
(1) In general.--The program shall be in the form
of grants to, or contracts with, organizations
described in paragraph (2) to support the following
activities:
(A) Training.--Training of appropriate
professionals in Latin America from both the
public and private sectors to enhance their
understanding of building and housing codes and
standards.
(B) Translation and distribution.--
Translating and distributing in the region
detailed construction manuals, model building
codes, and publications from organizations
described in paragraph (2), including materials
that address zoning, egress, fire and life
safety, plumbing, sewage, sanitation, electrical
installation, mechanical installation, structural
engineering, and seismic design.
(C) Other assistance.--Offering other
relevant assistance as needed, such as helping
government officials develop seismic micro-
zonation maps or draft pertinent legislation,
to implement building codes and practices that
will help improve the resistance of buildings
and housing in the region to seismic activity
and other natural disasters.
(2) Covered organizations.--Grants and contracts
provided under this section shall be carried out
through United States organizations with expertise in
the areas described in paragraph (1), including the
American Society of Testing Materials, the Underwriters
Laboratories, the American Society of Mechanical
Engineers, the American Society of Civil Engineers, the
American Society of Heating, Refrigeration, and Air
Conditioning Engineers, the International Association
of Plumbing and Mechanical Officials, the International
Code Council, and the National Fire Protection
Association.
SEC. 689. SENSE OF CONGRESS RELATING TO HIV/AIDS AND UNITED NATIONS
PEACEKEEPING OPERATIONS.
It is the sense of the Congress that the President should
direct the Secretary and the United States Representative to
the United Nations to urge the United Nations to adopt an HIV/
AIDS mitigation strategy as a component of United Nations
peacekeeping operations.
SEC. 690. SENSE OF CONGRESS RELATING TO MAGEN DAVID ADOM SOCIETY.
(a) Findings.--Congress finds the following:
(1) It is the mission of the International Red
Cross and Red Crescent Movement to prevent and
alleviate human suffering wherever it may be found,
without discrimination.
(2) The International Red Cross and Red Crescent
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 national
humanitarian society in the State of Israel.
(4) Since 1949 the Magen David Adom Society has
been refused admission into the International Red Cross
and Red Crescent Movement and has been relegated to
observer status without a vote because it has used the
Red Shield of David, the only such national
organization denied membership in the Movement.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the International Committee of the Red Cross
should immediately recognize the Magen David Adom
Society;
(2) the Federation of Red Cross and Red Crescent
Societies should grant full membership to the Magen
David Adom Society immediately following recognition by
the International Committee of the Red Cross of the
Magen David Adom Society as a full member of the
International Committee of the Red Cross;
(3) the Red Shield of David should be accorded the
same protections under international law as the Red
Cross and the Red Crescent; and
(4) the United States should continue to press for
full membership for the Magen David Adom Society in the
International Red Cross Movement.
SEC. 691. SENSE OF CONGRESS REGARDING THE LOCATION OF PEACE CORPS
OFFICES ABROAD.
It is the sense of the Congress that, to the degree
permitted by security considerations, the Secretary should give
favorable consideration to requests by the Director of the
Peace Corps that the Secretary exercise his authority under
section 606(a)(2)(B) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(2)(B)) to waive
certain requirements of that Act in order to permit the Peace
Corps to maintain offices in foreign countries at locations
separate from the United States embassy.
SEC. 692. 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 Taiwan Strait
issue must be peaceful and include the assent of the people of
Taiwan.
SEC. 693. SENSE OF CONGRESS RELATING TO DISPLAY OF THE AMERICAN FLAG AT
THE AMERICAN INSTITUTE IN TAIWAN.
It is the sense of the Congress that the American Institute
in Taiwan and the residence of the director 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 residences throughout the world.
SEC. 694. REPORTS ON ACTIVITIES IN COLOMBIA.
(a) Report on Reform Activities.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, and not later than
April 1 of each year thereafter, the Secretary 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 or
the Department of Defense in Colombia to promote
alternative development, recovery and resettlement of
internally displaced persons, judicial reform, the
peace process, and human rights.
(2) Contents.--Each such report shall contain the
following:
(A) A summary of activities described in
paragraph (1) during the previous 12-month
period.
(B) An estimated timetable for the conduct
of such activities in the subsequent 12-month
period.
(C) An explanation of any delay in meeting
timetables contained in the previous report
submitted in accordance with this subsection.
(D) An assessment of steps to be taken to
correct any delays in meeting such timetables.
(b) Report on Certain Counternarcotics Activities.--
(1) Declaration of policy.--It is the policy of the
United States to encourage the transfer of
counternarcotics activities carried out in Colombia by
United States businesses that have entered into
agreements with the Department or the Department of
Defense to conduct such activities, to Colombian
nationals, in particular personnel of the Colombian
antinarcotics police, when properly qualified personnel
are available.
(2) Report.--Not later than 180 days after the date
of the enactment of this Act, and not later than April
1 of each year thereafter, the Secretary shall submit
to the appropriate congressional committees a report on
the activities of United States businesses that have
entered into agreements in the previous 12-month period
with the Department or the Department of Defense to
carry out counternarcotics activities in Colombia.
(3) Contents.--Each such report shall contain the
following:
(A) The name of each United States business
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 and the Department of Defense to
each such business for such activities.
(C) A written statement justifying the
decision by the Department and the Department
of Defense to enter into an agreement with each
such business for such activities.
(D) An assessment of the risks to personal
safety and potential involvement in hostilities
incurred by employees of each such business as
a result of their activities in Colombia.
(E) A plan to provide for the transfer of
the counternarcotics activities carried out by
such United States businesses to Colombian
nationals, in particular personnel of the
Colombian antinarcotics police.
(4) Definition.--In this subsection, the term
``United States business'' means any person (including
any corporation, partnership, or other organization)
that is subject to the jurisdiction of the United
States or organized under the laws of the United
States, but does not include any person (including any
corporation, partnership, or other organization) that
performs contracts involving personal services.
SEC. 695. REPORT ON UNITED STATES-SPONSORED ACTIVITIES IN COLOMBIA.
(a) Findings.--Congress makes the following findings:
(1) Heroin originating from Colombia is beginning
to dominate the illicit market of that narcotic in the
United States partly because law enforcement has
struggled to interdict effectively what is often
voluminous importations of small quantities of
Colombia's inexpensive and pure heroin.
(2) 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 in
the United States, according to Federal law enforcement
officials.
(3) There is a growing alarm concerning the
spillover effect of Plan Colombia on Ecuador, a
frontline state. The northern region of Ecuador,
including the Sucumbios province, is an area of
particular concern.
(4) As a result of Plan Colombia-related
activities, drug traffickers, guerrillas, and
paramilitary groups have made incursions from Colombia
into Ecuador, increasing the level of violence and
delinquency in the border region.
(b) Report to Congress.--Not later than 150 days after the
date of enactment of this Act, the Secretary shallsubmit a
report to the appropriate congressional committees which sets forth a
statement of policy and comprehensive strategy for United States
activities in Colombia related to--
(1) the eradication of all opium cultivation at its
source in Colombia; and
(2) the impact of Plan Colombia on Ecuador and the
other adjacent countries to Colombia.
SEC. 696. REPORT ON EXTRADITION POLICY AND PRACTICE.
Not later than May 1, 2003, the Secretary shall submit a
report to the appropriate congressional committees on
extradition practice between the United States and governments
of foreign countries with which the United States has an
extradition relationship. The report shall include--
(1) an aggregate list, by country, of--
(A) the number of extradition requests made
by the United States to that country in 2002;
and
(B) the number of fugitives extradited by
that country to the United States in 2002;
(2) an aggregate list, by country, of--
(A) the number of extradition requests made
by that country to the United States in 2002;
and
(B) the number of fugitives extradited by
the United States to that country in 2002;
(3) any other relevant information regarding
difficulties the United States has experienced in
obtaining the extradition of fugitives (including a
discussion of the unwillingness of treaty partners to
extradite nationals or where fugitives may face capital
punishment or life imprisonment); and
(4) a summary of the Department's efforts in 2002
to negotiate new or revised extradition treaties, and
its agenda for such negotiations in 2003.
SEC. 697. SPECIAL COURT FOR SIERRA LEONE.
(a) Finding.--Congress finds that prompt establishment of a
Special Court for Sierra Leone is an important step in
restoring a credible system of justice and accountability for
the crimes committed in Sierra Leone and would contribute to
the process of national reconciliation in that country.
(b) Sense of Congress.--It is the sense of Congress that
the United States should support the Truth and Reconciliation
Commission in Sierra Leone, including through assistance in the
collection of human rights data relevant to the Commission's
work.
(c) Allocation of Funds.--Of the amounts made available to
the Department of State for fiscal year 2003, there is
authorized to be available $5,000,000 to support the Special
Court for Sierra Leone.
(d) Extension of Rewards Program.--Section 102 of Public
Law 105-323, as amended (22 U.S.C. 2708 note), is further
amended--
(1) in subsection (a), by inserting ``the Special
Court of Sierra Leone'' after ``by,''; and
(2) in subsection (c), by adding at the end the
following new paragraph:
``(3) For the purposes of subsection (a), the Statute of
the Special Court for Sierra Leone means the Statute contained
in the Annex to the Agreement Between the United Nations and
the Government of Sierra Leone on the Establishment of a
Special Court for Sierra Leone.''.
SEC. 698. UNITED STATES ENVOY FOR PEACE IN SUDAN.
There should continue to be a United States Envoy for Peace
in Sudan until the full implementation of a comprehensive
settlement to the conflict in Sudan that is acceptable to the
parties to the conflict.
SEC. 699. TRANSFER OF PROSCRIBED WEAPONS TO PERSONS OR ENTITIES IN THE
WEST BANK AND GAZA.
(a) Determination Regarding Transfers.--If the President
determines, based on a preponderance of the evidence, that a
foreign person or entity has knowingly transferred proscribed
weapons to Palestinian entities in the West Bank or Gaza, then,
for the period specified in subsection (b), no assistance may
be provided to the person or entity under part II of the
Foreign Assistance Act of 1961 and no sales of defense articles
or defense services may be made to the person or entity under
section 23 of the Arms Export Control Act.
(b) Duration of Prohibition.--The period referred to in
subsection (a) is the period commencing on the date on which a
notification of a determination under subsection (a) is
submitted to the appropriate congressional committees and
ending on the date that is two years after such date.
(c) Report.--In conjunction with the report required under
title VIII of the P.L.O. Commitments Compliance Act of 1989
(Public Law 101-246), the President shall submit a report to
the appropriate congressional committees on transfers reviewed
pursuant to subsection (a).
(d) Definition.--In this section, the term ``proscribed
weapons'' means arms, ammunition, and equipment the transfer of
which is not in compliance with the Agreement on the Gaza Strip
and the Jericho Area of May 4, 1994, its annexes, or subsequent
agreements between Israel and the PLO, or Palestinian
Authority, as appropriate.
SEC. 700. SENSE OF CONGRESS RELATING TO ARSENIC CONTAMINATION IN
DRINKING WATER IN BANGLADESH.
(a) Findings.--Congress finds that--
(1) beginning in 1993, naturally occurring
inorganic arsenic contamination of water began to be
confirmed in Bangladesh in tube-wells installed in the
1970s, when standard water testing did not include
arsenic tests;
(2) because health effects of ingesting arsenic-
contaminated drinking water appear slowly, preventative
measures are critical to preventing future
contamination in the Bangladeshi population; and
(3) health effects of exposure to arsenic include
skin lesions, skin cancer, and mortality from internal
cancers.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary should--
(1) work with appropriate United States Government
agencies, national laboratories, universities in the
United States, the Government of Bangladesh,
international financial institutions and organizations,
and international donors to identify a long-term
solution to the arsenic-contaminated drinking water
problem in Bangladesh, including drawing arsenic out of
the existing tube-wells and finding alternate sources
of water; and
(2) submit a report to the appropriate
congressional committees on proposals to bring about
arsenic-free drinking water to Bangladeshis and to
facilitate treatment for those who have already been
affected by arsenic-contaminated drinking water in
Bangladesh.
SEC. 701. POLICING REFORM AND HUMAN RIGHTS IN NORTHERN IRELAND.
(a) Congressional Statement of Policy.--Congress--
(1) supports independent judicial public inquiries
into the murders of defense attorneys Patrick Finucane
and Rosemary Nelson as a way to instill confidence in
the Police Service of Northern Ireland; and
(2) continues to urge the United Kingdom to take
appropriate action to protect defense lawyers and human
rights defenders in Northern Ireland.
(b) Decommissioning Weapons.--Congress--
(1) calls on the Irish Republican Army to continue
and complete the decommissioning of all their arms and
explosives; and
(2) calls for--
(A) the decommissioning of all weapons held
by paramilitaries on all sides, such as the
Provisional Irish Republican Army (PIRA), the
Real Irish Republican Army (RIRA), the
Continuity Irish Republican Army (CIRA), the
Loyalist Volunteer Force (LVF), the Orange
Volunteers (OV), the Red Hand Defenders (RHD),
the Ulster Defense Association/Ulster Freedom
Fighters (UDA/UFF), the Ulster Volunteer Force
(UVF); and
(B) the immediate cessation of paramilitary
punishment attacks and exiling.
(c) Support for Global War on Terrorism.--Congress
recognizes the United Kingdom's commitment to support the
United States in a global war on terrorism.
(d) Report on Policing Reform and Human Rights in Northern
Ireland.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit a report to
the appropriate congressional committees on the following:
(1) The extent to which the Governments of the
United Kingdom and Ireland have implemented the
recommendations 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
representation, including the effectiveness of such
procedures, in the new Police Service of Northern
Ireland.
(2) The status of the investigations into the
murders of Patrick Finucane, Rosemary Nelson, and
Robert Hammill, including the extent to which progress
has been made on recommendations for independent
judicial public inquiries into these murders.
(3) All decommissioning acts taken to date by the
Irish Republican Army, including the quantity and
precise character of what the IRA decommissioned, as
reported and verified by the International Commission
on Decommissioning.
(4) All acts of decommissioning taken by other
paramilitary organizations, including a description of
all weapons and explosives decommissioned.
(5) A description of the measures taken to ensure
that the programs described under subsection (e) comply
with the requirements of that subsection.
(e) Compliance With Prior Provisions.--Any training or
exchange program conducted by the Federal Bureau of
Investigation or any other Federal law enforcementagency for
the Police Service of Northern Ireland or its members shall--
(1) be necessary to improve the professionalism of
policing in Northern Ireland;
(2) be necessary to advance the peace process in
Northern Ireland;
(3) include in the curriculum a significant human
rights component; and
(4) only be provided to Police Service of Northern
Ireland (PSNI) members who have been subject to a
vetting procedure established by the Department and the
Department of Justice to ensure that such program does
not include PSNI members who there are substantial
ground for believing have committed or condoned
violations of internationally recognized human rights,
including any role in the murder of Patrick Finucane or
Rosemary Nelson or other violence or serious threat of
violence against defense attorneys in Northern Ireland.
SEC. 702. ANNUAL REPORTS ON UNITED STATES-VIETNAM HUMAN RIGHTS DIALOGUE
MEETINGS.
Not later than December 31 of each year or 60 days after
the second United States-Vietnam human rights dialogue meeting
held in a calendar year, whichever is earlier, the Secretary
shall submit to the appropriate congressional committees a
report covering the issues discussed at the previous two
meetings and describing to what extent the Government of
Vietnam has made progress during the calendar year toward
achieving the following objectives:
(1) Improving the Government of Vietnam's
commercial and criminal codes to bring them into
conformity with international standards, including the
repeal of the Government of Vietnam's administrative
detention decree (Directive 31/CP).
(2) Releasing political and religious activists who
have been imprisoned or otherwise detained by the
Government of Vietnam, and ceasing surveillance and
harassment of those who have been released.
(3) Ending official restrictions on religious
activity, including implementing the recommendations of
the United Nations Special Rapporteur on Religious
Intolerance.
(4) Promoting freedom for the press, including
freedom of movement of members of the Vietnamese and
foreign press.
(5) Improving prison conditions and providing
transparency in the penal system of Vietnam, including
implementing the recommendations of the United Nations
Working Group on Arbitrary Detention.
(6) Respecting the basic rights of indigenous
minority groups, especially in the central and northern
highlands of Vietnam.
(7) Respecting the basic rights of workers,
including working with the International Labor
Organization to improve mechanisms for promoting such
rights.
(8) Cooperating with requests by the United States
to obtain full and free access to persons who may be
eligible for admission to the United States as refugees
or immigrants, and allowing such persons to leave
Vietnam without being subjected to extortion or other
corrupt practices.
SEC. 703. SENSE OF CONGRESS REGARDING HUMAN RIGHTS VIOLATIONS IN
INDONESIA.
It is the sense of Congress that the Government of
Indonesia should--
(1) demonstrate substantial progress toward ending
human rights violations by the armed forces in
Indonesia (TNI);
(2) terminate any TNI support for and cooperation
with terrorist organizations, including Laskar Jihad
and militias operating in the Malukus, Central
Sulawesi, West Papua (Irian Jaya), and elsewhere;
(3) investigate and prosecute those responsible for
human rights violations, including TNI officials,
members of Laskar Jihad, militias, and other terrorist
organizations; and
(4) make concerted and demonstrable efforts to find
and prosecute those responsible for the murders of
Papuan leader Theys Elvay, Acehnse human rights
advocate Jafar Siddiq Hamzah, and United States
citizens Edwin L. Burgon and Ricky L. Spier.
SEC. 704. REPORT CONCERNING THE GERMAN FOUNDATION ``REMEMBRANCE,
RESPONSIBILITY, AND THE FUTURE''.
(a) Report Concerning the German Foundation ``Remembrance,
Responsibility, and the Future''.--Not later than 180 days
after the date of the enactment of this Act, and every 180 days
thereafter until all funds made available to the German
Foundation have been disbursed, the Secretary shall report to
the appropriate congressional committees on the status of the
implementation of the Agreement and, to the extent possible, on
whether or not--
(1) during the 180-day period preceding the date of
the report, the German Bundestag has authorized the
allocation of funds to the Foundation, in accordance
with section 17 of the law on the creation of
theFoundation, enacted by the Federal Republic of Germany on August 8,
2000;
(2) the entire sum of 10,000,000,000 deutsche marks
has been made available to the German Foundation in
accordance with Annex B to the Joint Statement of July
17, 2000;
(3) during the 180-day period preceding the date of
the report, any company or companies investigating a
claim, who are members of ICHEIC, were required to
provide to the claimant, within 90 days after receiving
the claim, a status report on the claim, or a decision
that included--
(A) an explanation of the decision,
pursuant to those standards of ICHEIC to be
applied in approving claims;
(B) all documents relevant to the claim
that were retrieved in the investigation; and
(C) an explanation of the procedures for
appeal of the decision;
(4) during the 180-day period preceding the date of
the report, any entity that elected to determine claims
under Article 1(4) of the Agreement was required to
comply with the standards of proof, criteria for
publishing policyholder names, valuation standards,
auditing requirements, and decisions of the Chairman of
ICHEIC;
(5) during the 180-day period preceding the date of
the report, an independent process to appeal decisions
made by any entity that elected to determine claims
under Article 1(4) of the Agreement was available to
and accessible by any claimant wishing to appeal such a
decision, and the appellate body had the jurisdiction
and resources necessary to fully investigate each claim
on appeal and provide a timely response;
(6) an independent audit of compliance by every
entity that has elected to determine claims under
Article 1(4) of the Agreement has been conducted; and
(7) the administrative and operational expenses
incurred by the companies that are members of ICHEIC
are appropriate for the administration of claims
described in paragraph (3).
The Secretary's report shall include the Secretary's
justification for each determination under this subsection.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the resolution of slave and forced labor claims
is an urgent issue for aging Holocaust survivors, and
the German Bundestag should allocate funds for
disbursement by the German Foundation to Holocaust
survivors as soon as possible; and
(2) ICHEIC should work in consultation with the
Secretary in gathering the information required for the
report under subsection (a).
(c) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the
Agreement between the Government of the United States
of America and the Government of the Federal Republic
of Germany concerning the Foundation ``Remembrance,
Responsibility and the Future'', done at Berlin July
17, 2000.
(2) Annex b to the joint statement of july 17,
2000.--The term ``Annex B to the Joint Statement of
July 17, 2000'' means Annex B to the Joint Statement on
occasion of the final plenary meeting concluding
international talks on the preparation of the Federal
Foundation ``Remembrance, Responsibility and the
Future'', done at Berlin on July 17, 2000.
(3) German foundation.--The term ``German
Foundation'' means the Foundation ``Remembrance,
Responsibility and the Future'' referred to in the
Agreement.
(4) ICHEIC.--The term ``ICHEIC'' means the
International Commission on Holocaust Era Insurance
Claims referred to in Article 1(4) of the Agreement.
SEC. 705. SENSE OF CONGRESS ON RETURN OF PORTRAITS OF HOLOCAUST VICTIMS
TO THE ARTIST DINA BABBITT.
(a) Findings.--Congress finds that--
(1) Dina Babbitt (formerly known as Dinah
Gottliebova), a United States citizen has requested the
return of watercolor portraits she painted while
suffering a 1\1/2\-year-long internment at the
Auschwitz death camp during World War II;
(2) Dina Babbitt was ordered to paint the portraits
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 possession
of the Auschwitz-Birkenau State Museum;
(5) Dina Babbitt is the rightful owner of the
artwork, since the paintings were produced 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; and
(7) this continued injustice can be righted through
cooperation between agencies of the United States and
Poland.
(b) Sense of Congress.--Congress--
(1) recognizes the moral right of Dina Babbitt to
obtain the artwork she created, and recognizes her
courage in the face of the evils perpetrated by the
Nazi command of the Auschwitz-Birkenau death camp,
including the atrocities committed by Dr. Josef
Mengele;
(2) urges the President to make all efforts
necessary to retrieve the 7 watercolor portraits Dina
Babbitt painted, while suffering a 1\1/2\-year-long
internment at the Auschwitz death camp, and return them
to her;
(3) urges the Secretary to make immediate
diplomatic efforts to facilitate the transfer of the 7
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 immediately
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 7 original paintings to
Dina Babbitt as expeditiously as possible.
SEC. 706. INTERNATIONAL DRUG CONTROL CERTIFICATION PROCEDURES.
During any fiscal year, funds that would otherwise be
withheld from obligation or expenditure under section 490 of
the Foreign Assistance Act of 1961 may be obligated or expended
beginning October 1 of such fiscal year provided that:
(1) Report.--Not later than September 15 of the
previous fiscal year the President has submitted to the
appropriate congressional committees a report
identifying each country determined by the President to
be a major drug transit country or major illicit drug
producing country as defined in section 481(e) of the
Foreign Assistance Act of 1961.
(2) Designation and justification.--In each report
under paragraph (1), the President shall also--
(A) designate each country, if any,
identified in such report that has failed
demonstrably, during the previous 12 months, to
make substantial efforts--
(i) to adhere to its obligations
under international counternarcotics
agreements; and
(ii) to take the counternarcotics
measures set forth in section 489(a)(1)
of the Foreign Assistance Act of 1961;
and
(B) include a justification for each
country so designated.
(3) Limitation on assistance for designated
countries.--In the case of a country identified in a
report under paragraph (1) that is also designated
under paragraph (2) in the report, United States
assistance may be provided to such country in the
subsequent fiscal year only if the President determines
and reports to the appropriate congressional committees
that--
(A) provision of such assistance to the
country in such fiscal year is vital to the
national interests of the United States; or
(B) subsequent to the designation being
made under paragraph (2)(A), the country has
made substantial efforts--
(i) to adhere to its obligations
under international counternarcotics
agreements; and
(ii) to take the counternarcotics
measures set forth in section 489(a)(1)
of the Foreign Assistance Act of 1961.
(4) International counternarcotics agreement
defined.--In this section, the term ``international
counternarcotics agreement'' means--
(A) the United Nations Convention Against
Illicit Traffic in Narcotic Drugs and
Psychotropic Substances; or
(B) any bilateral or multilateral agreement
in force between the United States and another
country or countries that addresses issues
relating to the control of illicit drugs, such
as--
(i) the production, distribution,
and interdiction of illicit drugs;
(ii) demand reduction;
(iii) the activities of criminal
organizations;
(iv) international legal
cooperation among courts, prosecutors,
and law enforcement agencies (including
the exchange of information and
evidence);
(v) the extradition of nationals
and individuals involved in drug-
related criminal activity;
(vi) the temporary transfer for
prosecution of nationals and
individuals involved in drug-related
criminal activity;
(vii) border security;
(viii) money laundering;
(ix) illicit firearms trafficking;
(x) corruption;
(xi) control of precursor
chemicals;
(xii) asset forfeiture; and
(xiii) related training and
technical assistance,
and includes, where appropriate, timetables and
objective and measurable standards to assess the
progress made by participating countries with respect
to such issues.
(5) Application.--(A) Section 490 (a) through (h)
of the Foreign Assistance Act of 1961 (22 U.S.C.
2291j(a)-(h)) shall not apply during any fiscal year
with respect to any country identified in the report
required by paragraph (1) of this section.
(B) Notwithstanding paragraphs (1) through (5)(A)
of this section, the President may apply the procedures
set forth in section 490 (a) through (h) of the Foreign
Assistance Act of 1961 during any fiscal year with
respect to any country determined to be a major drug
transit country or major illicit drug producing country
as defined in section 481(e) of the Foreign Assistance
Act of 1961.
(6) Statutory construction.--Nothing in this
section supersedes or modifies the requirement in
section 489(a) of the Foreign Assistance Act of 1961
(with respect to the International Narcotics Control
Strategy Report) for the transmittal of a report not
later than March 1, each fiscal year under that
section.
(7) Transition rule.--For funds obligated or
expended under this section in fiscal year 2003, the
date for submission of the report required by paragraph
(1) of this section shall be at least 15 days before
funds are obligated or expended.
(8) Effective date.--This section shall take effect
upon the date of enactment of this Act into law and
shall remain in effect thereafter unless Congress
enacts subsequent legislation repealing such section.
DIVISION B--SECURITY ASSISTANCE ACT OF 2002
TITLE X--GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Security Assistance Act
of 2002''.
SEC. 1002. DEFINITIONS.
In this division:
(1) Defense article.--The term ``defense article''
has the meaning given the term in section 47(3) of the
Arms Export Control Act (22 U.S.C. 2794 note).
(2) Defense service.--The term ``defense service''
has the meaning given the term in section 47(4) of the
Arms Export Control Act (22 U.S.C. 2794 note).
(3) Excess defense article.--The term ``excess
defense article'' has the meaning given the term in
section 644(g) of the Foreign Assistance Act of 1961
(22 U.S.C. 2403(g)).
TITLE XI--VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION AGREEMENTS
SEC. 1101. VERIFICATION AND COMPLIANCE BUREAU PERSONNEL.
(a) In General.--Of the amount authorized to be
appropriated by section 111(a)(1)(A), $14,000,000 is authorized
to be available for the Bureau of Verification and Compliance
of the Department of State for Bureau-administered activities,
including the Key Verification Assets Fund and to upgrade
Bureau spaces for certification as a Sensitive Compartmented
Information Facility (SCIF).
(b) Additional Personnel.--In addition to the amount made
available under subsection (a), $1,800,000 is authorized to be
available for the fiscal year 2003 from the Department's
American Salaries Account, for the purpose of hiring new
personnel to carry out the Bureau's responsibilities, as set
forth in section 112 of the Arms Export Control and
Nonproliferation Act of 1999 (113 Stat. 1501A-486), as enacted
into law by section 1000(a)(7) of Public Law 106-113, including
the assignment of one full-time person to the Bureau to manage
the document control, tracking, and printing requirements of
the Bureau's operation in a SCIF.
SEC. 1102. KEY VERIFICATION ASSETS FUND.
Of the total amount made available to the Department for
fiscal year 2003, $7,000,000 is authorized to be available
within the Verification and Compliance Bureau's account to
carry out section 1111 of the Arms Control and Nonproliferation
Act of 1999 (113 Stat. 1501A-486), as enacted into law by
section 1000(a)(7) of Public Law 106-113.
SEC. 1103. REVISED VERIFICATION AND COMPLIANCE REPORTING REQUIREMENTS.
Section 403(a) of the Arms Control and Disarmament Act (22
U.S.C. 2593a(a)) is amended by striking ``January 31'' and
inserting ``April 15''.
TITLE XII--MILITARY AND RELATED ASSISTANCE
Subtitle A--Foreign Military Sales and Financing Authorities
SEC. 1201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the President for
grant assistance under section 23 of the Arms Export Control
Act (22 U.S.C. 2763) and for the subsidy cost, as defined in
section 502(5) of the Federal Credit Reform Act of 1990, of
direct loans under such section $4,107,200,000 for fiscal year
2003.
SEC. 1202. RELATIONSHIP OF FOREIGN MILITARY SALES TO UNITED STATES
NONPROLIFERATION INTERESTS.
(a) Authorized Purposes.--The first sentence of section 4
of the Arms Export Control Act (22 U.S.C. 2754) is amended by
inserting ``for preventing or hindering the proliferation of
weapons of mass destruction and of the means of delivering such
weapons,'' after ``self-defense,''.
(b) Definition of ``Weapons of Mass Destruction''.--Section
47 of the Arms Export Control Act (22 U.S.C. 2794) is amended--
(1) by striking ``and'' at the end of paragraph
(8);
(2) by striking the period at the end of paragraph
(9) and inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(10) `weapons of mass destruction' has the
meaning provided by section 1403(1) of the Defense
Against Weapons of Mass Destruction Act of 1996 (title
XIV of Public Law 104-201; 110 Stat. 2717; 50 U.S.C.
2302(1)).''.
SEC. 1203. OFFICIAL RECEPTION AND REPRESENTATION EXPENSES.
Section 43(c) of the Arms Export Control Act (22 U.S.C.
2792(c)), is amended by striking ``$72,500'' and inserting
``$86,500''.
SEC. 1204. ARMS EXPORT CONTROL ACT PROHIBITION ON TRANSACTIONS WITH
COUNTRIES THAT HAVE REPEATEDLY PROVIDED SUPPORT FOR
ACTS OF INTERNATIONAL TERRORISM.
The second sentence of section 40(d) of the Arms Export
Control Act (22 U.S.C. 2780(d)) is amended--
(1) by striking ``groups or'' and inserting
``groups,''; and
(2) by inserting before the period the following:
``, or willfully aid or abet the efforts of an
individual or group to use, develop, produce,
stockpile, or otherwise acquire chemical, biological,
or radiological weapons''.
SEC. 1205. CONGRESSIONAL NOTIFICATION OF SMALL ARMS AND LIGHT WEAPONS
LICENSE APPROVALS; REPORTS.
(a) Congressional Notification of Export License
Approvals.--Section 36(c) of the Arms Export Control Act (22
U.S.C. 2776(c)) is amended by inserting ``(or, in the case of a
defense article that is a firearm controlled under category I
of the United States Munitions List, $1,000,000 or more)''
after ``$50,000,000 or more''.
(b) Report.--Section 40A(c) of the Arms Export Control Act
(22 U.S.C. 2785(c)) is amended by inserting before the period
the following: ``and the numbers, range, and findings of end-
use monitoring of United States transfers of small arms and
light weapons''.
(c) Annual Military Assistance Reports.--Section 655(b)(3)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)(3)) is
amended by inserting before the period at the end the
following: ``, including, in the case of defense articles that
are firearms controlled under category I of the United States
Munitions List, a statement of the aggregate dollar value and
quantity of semiautomatic assault weapons, or spare parts for
such weapons, the manufacture, transfer, or possession of which
is unlawful under section 922 of title 18, United States Code,
that were licensed for export during the period covered by the
report''.
(d) Report on Arms Brokering.--Not later than June 30,
2003, the Secretary shall submit a report to the appropriate
congressional committees on activities of registered arms
brokers, which shall discuss--
(1) the role of such brokers in the United States
and other countries;
(2) United States law, regulations, and policy
regarding arms brokers;
(3) violations of the Arms Export Control Act;
(4) United States resources and personnel devoted
to the monitoring of arms brokers;
(5) any needed changes in law, regulation, policy,
or resources; and
(6) any implications for the regulation of arms
brokers in other countries.
SEC. 1206. TREATMENT OF TAIWAN RELATING TO TRANSFERS OF DEFENSE
ARTICLES AND DEFENSE SERVICES.
Notwithstanding any other provision of law, for purposes of
the transfer or possible 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, Taiwan shall be
treated as though it were designated a major non-NATO ally (as
defined in section 644(q) of the Foreign Assistance Act of 1961
(22 U.S.C. 2403(q)).
Subtitle B--International Military Education and Training
SEC. 1211. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the President
$85,000,000 for fiscal year 2003 to carry out chapter 5 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et
seq.; relating to international military education and
training).
SEC. 1212. HUMAN RIGHTS VIOLATIONS.
(a) Annual Report.--Chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.) is amended by
adding at the end the following new section:
``SEC. 549. HUMAN RIGHTS REPORT.
``(a) In General.--Not later than March 1 of each year, the
Secretary of State shall submit to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report describing, to the extent practicable, any
involvement of a foreign military or defense ministry civilian
participant in education and training activities under this
chapter in a violation of internationally recognized human
rights reported under section 116(d) of this Act subsequent to
such participation.
``(b) Form.--The report described in subsection (a) shall
be in unclassified form, but may include a classified annex.''.
(b) Records Regarding Foreign Participants.--Section 548 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2347g) is
amended--
(1) by striking ``In'' and inserting:
``(a) Development and Maintenance of Database.--In''; and
(2) by adding at the end the following new
subsections:
``(b) Annual List of Foreign Personnel.--For the purposes
of preparing the report required pursuant to section 549 of
this Act, the Secretary of State may annually request the
Secretary of Defense to provide information contained in the
database, with respect to a list submitted to the Secretary of
Defense by the Secretary of State, that contains the names of
foreign personnel or military units. To the extent practicable,
the Secretary of Defense shall provide, and the Secretary of
State may take into account, the information contained in the
database, if any, relating to the Secretary of State's
submission.
``(c) Updating of Database.--If the Secretary of State
determines and reports to Congress under section 549 of this
Act that a foreign person identified in the database maintained
pursuant to this section was involved in a violation of
internationally recognized human rights, the Secretary of
Defense shall ensure that the database is updated to contain
such fact and all relevant information.''.
SEC. 1213. PARTICIPATION IN POST-UNDERGRADUATE FLYING TRAINING AND
TACTICAL LEADERSHIP PROGRAMS.
Section 544 of the Foreign Assistance Act of 1961 (22
U.S.C. 2347c) is amended by adding at the end the following new
subsection:
``(c)(1) The President is authorized to enter into
cooperative arrangements providing for the participation of
foreign and United States military and civilian defense
personnel in post-undergraduate flying training and tactical
leadership programs at training locations in Southwest Asia
without charge to participating foreign countries, and without
charge to funds available to carry out this chapter
(notwithstanding section 632(d) of this Act). Such training
must satisfy common requirements with the United States for
post-undergraduate flying and tactical leadership training.
``(2) Cooperative arrangements under this subsection shall
require an equitable contribution of support and services from
each participating country. The President may waive the
requirement for an equitable contribution of a participating
foreign country if he determines that to do so is important to
the national security interests of the United States.
``(3) Costs incurred by the United States shall be charged
to the current applicable appropriations accountsor funds of
the participating United States Government agencies.''.
Subtitle C--Assistance for Select Countries
SEC. 1221. ASSISTANCE FOR ISRAEL AND EGYPT.
(a) Authorization of Appropriations for Israel.--Section
513 of the Security Assistance Act of 2000 (Public Law 106-280)
is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``2001 and 2002''
and inserting ``2002 and 2003''; and
(ii) by adding at the end the
following new sentence: ``Such funds
are authorized to be made available on
a grant basis as a cash transfer.'';
(B) by adding at the end the following new
paragraph:
``(3) Additional esf assistance for fiscal year
2003.--Only for fiscal year 2003, in addition to the
amount computed under paragraph (2) for that fiscal
year, an additional amount of $200,000,000 is
authorized to be made available for ESF assistance for
Israel, notwithstanding section 531(e) or 660(a) of the
Foreign Assistance Act of 1961, for defensive,
nonlethal, antiterrorism assistance, which amount shall
be considered, for purposes of subsection (d), as an
amount appropriated by an Act making supplemental
appropriations.'';
(2) in subsection (c)(1), by striking ``2001 and
2002'' and inserting ``2002 and 2003'';
(3) in subsection (c)(3), by striking ``Funds
authorized'' and all that follows through ``later'' and
inserting: ``Funds authorized to be available for
Israel under subsection (b)(1) and paragraph (1) of
this subsection for fiscal years 2002 and 2003 shall be
disbursed not later than 30 days after the date of
enactment of an Act making appropriations for foreign
operations, export financing, and related programs for
fiscal year 2002, and not later than 30 days after the
date of enactment of an Act making appropriations for
foreign operations, export financing, and related
programs for fiscal year 2003, or October 31 of the
respective fiscal year, whichever is later.''; and
(4) in subsection (c)(4)--
(A) by striking ``fiscal year 2001'' and
inserting ``fiscal years 2002 and 2003''; and
(B) by striking ``$520,000,000'' and
inserting ``$535,000,000 for fiscal year 2002
and not less than $550,000,000 for fiscal year
2003''.
(b) Authorization of Appropriations for Egypt.--Section 514
of the Security Assistance Act of 2000 (Public Law 106-280) is
amended--
(1) by striking ``2001 and 2002'' each place it
appears and inserting ``2002 and 2003''; and
(2) in subsection (e), by striking ``Funds
estimated'' and all that follows through ``and'' at the
end of paragraph (2) and inserting the following:
``Funds estimated to be outlayed for Egypt under
subsection (c) during fiscal years 2002 and 2003 shall
be disbursed to an interest-bearing account for Egypt
in the Federal Reserve Bank of New York not later than
30 days after the date of enactment of an Act making
appropriations for foreign operations, export
financing, and related programs for fiscal year 2002,
and not later than 30 days after the date of enactment
of an Act making appropriations for foreign operations,
export financing, and related programs for fiscal year
2003, or by October 31 of the respective fiscal year,
whichever is later, provided that--
``(1) withdrawal of funds from such account shall
be made only on authenticated instructions from the
Defense Finance and Accounting Service of the
Department of Defense;
``(2) in the event such account is closed, the
balance of the account shall be transferred promptly to
the appropriations account for the Foreign Military
Financing Program.''.
SEC. 1222. SECURITY ASSISTANCE FOR GREECE AND TURKEY.
(a) In General.--Of the amount made available for the
fiscal year 2003 to carry out chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.)--
(1) $1,120,000 for fiscal year 2003 is authorized
to be available for Greece; and
(2) $2,800,000 for fiscal year 2003 is authorized
to be available for Turkey.
(b) Use for Professional Military Education.--Of the
amounts available under paragraphs (1) and (2) of subsection
(a) for fiscal year 2003, $500,000 of each such amount should
be available for purposes of professional military education.
(c) Use for Joint Training.--It is the sense of Congress
that, to the maximum extent practicable, amounts available
under subsection (a) that are used in accordance with
subsection (b) should be used for joint training of Greek and
Turkish officers.
(d) Repeal.--Effective October 1, 2002, section 512 of the
Security Assistance Act of 2000 (Public Law 106-280; 114 Stat.
856) is repealed.
SEC. 1223. SECURITY ASSISTANCE FOR CERTAIN OTHER COUNTRIES.
(a) FMF for Certain Other Countries.--Of the total amount
made available for the fiscal year 2003 under section 23 of the
Arms Export Control Act (22 U.S.C. 2763), the following amounts
are authorized to be available on a grant basis for the
following countries:
(1) The baltic states.--For all of the Baltic
states of Estonia, Latvia, and Lithuania, $22,000,000.
(2) Bulgaria.--For Bulgaria, $11,000,000.
(3) The czech republic.--For the Czech Republic,
$11,000,000.
(4) Georgia.--For Georgia, $7,000,000.
(5) Hungary.--For Hungary, $11,000,000.
(6) Jordan.--For Jordan, $198,000,000.
(7) Malta.--For Malta, $1,150,000.
(8) The philippines.--For the Philippines,
$25,000,000.
(9) Poland.--For Poland, $16,000,000.
(10) Romania.--For Romania, $12,000,000.
(11) Slovakia.-- For Slovakia, $9,000,000.
(12) Slovenia.--For Slovenia, $5,000,000.
(b) IMET.--Of the amount made available for the fiscal year
2003 to carry out chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.), the following
amounts are authorized to be available for the following
countries:
(1) The baltic states.--For all of the Baltic
states of Estonia, Latvia, and Lithuania, $3,300,000.
(2) Bulgaria.--For Bulgaria, $1,370,000.
(3) The czech republic.--For the Czech Republic,
$1,900,000.
(4) Georgia.--For Georgia, $1,200,000.
(5) Hungary.--For Hungary, $1,900,000.
(6) Jordan.--For Jordan, $4,000,000.
(7) Malta.--For Malta, $350,000.
(8) The philippines.--For the Philippines,
$2,000,000.
(9) Poland.--For Poland, $2,000,000.
(10) Romania.--For Romania, $1,500,000.
(11) Slovakia.--For Slovakia, $950,000.
(12) Slovenia.--For Slovenia, $950,000.
(c) Repeals.--Sections 511 (a) and (b) and 515 of the
Security Assistance Act of 2000 are repealed.
SEC. 1224. ASSISTANCE TO LEBANON.
(a) Prohibition.--Notwithstanding any other provision of
law, $10,000,000 of the amounts made available for fiscal year
2003 or any subsequent fiscal year that are allocated for
assistance to Lebanon under chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the
economic support fund) may not be obligated unless and until
the President certifies to the appropriate congressional
committees that--
(1) the armed forces of Lebanon have been deployed
to the internationally recognized border between
Lebanon and Israel; and
(2) the Government of Lebanon is effectively
asserting its authority in the area in which such armed
forces have been deployed.
(b) Requirement Relating to Funds Withheld.--
Notwithstanding any other provision of law, any funds withheld
pursuant to subsection (a) may not be programmed in order to be
used for a purpose other than for assistance to Lebanon until
the last month of the fiscal year in which the authority to
obligate such funds lapses.
Subtitle D--Excess Defense Article and Drawdown Authorities
SEC. 1231. EXCESS DEFENSE ARTICLES FOR CERTAIN COUNTRIES.
(a) Authority.--Notwithstanding section 516(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during the
fiscal year 2003 funds available to the Department of Defense
may be expended for crating, packing, handling, and
transportation of excess defense articles transferred under the
authority of section 516 of such Act to Albania, Bulgaria,
Croatia, Estonia, Former Yugoslavia Republic of Macedonia,
Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
(b) Sense of Congress.--It is the sense of Congress that
the authority provided under this section should be utilized
only for those countries demonstrating a genuine commitment to
democracy and human rights.
SEC. 1232. ANNUAL LISTING OF POSSIBLE EXCESS DEFENSE ARTICLES.
Section 25(a) of the Arms Export Control Act (22 U.S.C.
2765(a)) is amended--
(1) by striking ``and'' at the end of paragraph
(12)(B);
(2) by redesignating paragraph (13) as paragraph
(14); and
(3) by inserting after paragraph (12) the
following:
``(13) a list of weapons systems that are
significant military equipment (as defined in section
47(9) of this Act), and numbers thereof, that are
believed likely to become available for transfer as
excess defense articles during the next 12 months;
and''.
SEC. 1233. LEASES OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES AND
INTERNATIONAL ORGANIZATIONS.
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'';
(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
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 6
months or more.''.
SEC. 1234. PRIORITY WITH RESPECT TO TRANSFER OF EXCESS 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''.
Subtitle E--Other Political-Military Assistance
SEC. 1241. DESTRUCTION OF SURPLUS WEAPONS STOCKPILES.
Of the funds authorized to be appropriated to the President
for fiscal year 2003 to carry out chapters 1 and 10 of part I
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.),
relating to development assistance, up to $10,000,000 is
authorized to be made available for the destruction of surplus
stockpiles of small arms, light weapons, and other munitions.
Subtitle F--Antiterrorism Assistance
SEC. 1251. AUTHORIZATION OF APPROPRIATIONS.
Section 574(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2349aa-4(a)) is amended by striking ``and $73,000,000
for fiscal year 2002'' and inserting ``, $73,000,000 for fiscal
year 2002, and $64,200,000 for fiscal year 2003''.
Subtitle G--Other Matters
SEC. 1261. ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES FOR
ALLIES.
Section 514(b)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321h(b)(2)) is amended to read as follows:
``(2)(A) The value of such additions to stockpiles of
defense articles in foreign countries shall not exceed
$100,000,000 for fiscal year 2003.
``(B) Of the amount specified in subparagraph (A) for
fiscal year 2003, not more than $100,000,000 may be made
available for stockpiles in the State of Israel.''
SEC. 1262. REVISED MILITARY ASSISTANCE REPORTING REQUIREMENTS.
(a) Exception for Certain Countries.--Section 656(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2416(a)) is amended--
(1) by striking ``(a) Annual Report.--Not'' and
inserting the following:
``(a) Annual Report.--
``(1) In general.--Not''; and
(2) by adding at the end the following:
``(2) Exception for certain countries.--Paragraph
(1) does not apply to any NATO member, Australia,
Japan, or New Zealand, unless one of the appropriate
congressional committees has specifically requested, in
writing, inclusion of such country in the report. Such
request shall be made not later than 90 calendar days
prior to the date on which the report is required to be
transmitted.''.
(b) Annual Military Assistance Reports.--Section 655 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2415) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection
(c).
(c) Quarterly Reports on Government-To-Government Arms
Exports.--Section 36(a) of the Arms Export Control Act (22
U.S.C. 2776(a)) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8), (9), (10),
(11), (12), and (13) as paragraphs (7), (8), (9), (10),
(11), and (12), respectively.
SEC. 1263. CONSULTATION WITH CONGRESS WITH REGARD TO TAIWAN.
Beginning 180 days after the date of enactment of this Act,
and every 180 days thereafter, the President shall provide
detailed briefings to and consult with the appropriate
congressional committees regarding the United States security
assistance to Taiwan, including the provision of defense
articles and defense services.
TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
Subtitle A--General Provisions
SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--Section 585 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2349bb-4) is amended--
(1) in subsection (a), by striking all after
``chapter'' and inserting ``$162,000,000 for fiscal
year 2003.''; and
(2) in subsection (c)--
(A) in the subsection heading by striking
``Fiscal Year 2001''; and
(B) by striking ``2001'' and inserting
``2002''.
(b) Suballocations.--Of the amount authorized to be
appropriated to the President for fiscal year 2003 by section
585 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb-
4)--
(1) $2,000,000 is authorized to be available for
such fiscal year for the purpose of carrying out
section 584 of the Foreign Assistance Act of 1961, as
added by section 1303 of this Act; and
(2) $65,000,000 for fiscal year 2003 are authorized
to be available for science and technology centers in
the independent states of the former Soviet Union.
(c) Conforming Amendment.--Section 302 of the Security
Assistance Act of 2000 (Public Law 106-280; 114 Stat. 853) is
repealed.
(d) Further Authorization.--There is authorized to be
appropriated under ``Nonproliferation, Anti-terrorism,
Demining, and Related Programs'' $382,400,000 for fiscal year
2003.
SEC. 1302. NONPROLIFERATION TECHNOLOGY ACQUISITION PROGRAMS FOR
FRIENDLY FOREIGN COUNTRIES.
(a) In General.--For the purpose of enhancing the
nonproliferation and export control capabilities of friendly
countries, of the amount authorized to be appropriated for
fiscal year 2003 by section 585 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2349bb et seq.), the Secretary is authorized
to make available--
(1) $5,000,000 for the procurement and provision of
nuclear, chemical, and biological detection systems,
including spectroscopic and pulse echo technologies;
and
(2) $10,000,000 for the procurement and provision
of x-ray systems capable of imaging sea-cargo
containers.
(b) Reports on Training Program.--
(1) Initial report.--Not later than March 31, 2003,
the Secretary shall submit a report to the appropriate
congressional committees setting forth his plans and
budget for a multiyear training program to train
foreign personnel in the utilization of the systems
described in subsection (a).
(2) Subsequent reports.--Not later than March 31,
2004, and annually thereafter for the next three years,
the Secretary shall submit a report to the appropriate
congressional committees describing the progress,
current status, and budget of that training program and
of the provision of those systems.
SEC. 1303. INTERNATIONAL NONPROLIFERATION AND EXPORT CONTROL 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
sections 585 and 586, respectively; and
(2) by inserting after section 583 the following:
``SEC. 584. INTERNATIONAL NONPROLIFERATION EXPORT CONTROL TRAINING.
``(a) General Authority.--The President is authorized to
furnish, on such terms and conditions consistent with this
chapter (but whenever feasible on a reimbursable basis),
education and training to appropriate military and civilian
personnel of foreign countries for the purpose of enhancing the
nonproliferation and export control capabilities of such
personnel through their attendance in special courses of
instruction conducted by 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 under this section, and may utilize other
departments and agencies of the United States, as appropriate,
to recommend personnel for the education and training and to
administer specific courses of instruction.
``(c) Purposes.--Education and training activities
conducted under this section shall be--
``(1) of a technical nature, emphasizing techniques
for detecting, deterring, monitoring, interdicting, and
countering proliferation;
``(2) designed to encourage effective and mutually
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 with maximum
effectiveness, thereby contributing to greater self-
reliance by such countries.
``(d) Priority to Certain Countries.--In selecting
personnel for education and training pursuant to this section,
priority should be given to personnel from countries determined
by the Secretary of State to be countries frequently transited
by proliferation-related shipments of cargo.''.
SEC. 1304. RELOCATION OF SCIENTISTS.
(a) Reinstatement of Classification Authority.--Section 4
of the Soviet Scientists Immigration Act of 1992 (Public Law
102-509; 106 Stat. 3316; 8 U.S.C. 1153 note) is amended by
striking subsection (d) and inserting the following:
``(d) Duration of Authority.--The authority under
subsection (a) shall be in effect during the following periods:
``(1) The period beginning on the date of the
enactment of this Act and ending 4 years after such
date.
``(2) The period beginning on the date of the
enactment of the Security Assistance Act of 2002 and
ending 4 years after such date.''.
(b) Limitation on Number of Scientists Eligible for Visas
Under Authority.--Section 4(c) of such Act (8 U.S.C. 1153 note)
is amended by striking ``750'' and inserting ``950''.
(c) Limitation on Eligibility.--Section 4(a) of that Act (8
U.S.C. 1153 note) is amended by adding at the end the following
new sentence: ``A scientist is not eligible for designation
under this subsection if the scientist has previously been
granted the status of an alien lawfully admitted for permanent
residence (as defined in section 101(a)(20) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(20)).''.
(d) Consultation Requirement.--The Attorney General shall
consult with the Secretary, the Secretary of Defense, the
Secretary of Energy, and the heads of other appropriate
agencies of the United States regarding--
(1) previous experience in implementing the Soviet
Scientists Immigration Act of 1992; and
(2) any changes that those officials would
recommend in the regulations prescribed under that Act.
SEC. 1305. INTERNATIONAL ATOMIC ENERGY AGENCY REGULAR BUDGET
ASSESSMENTS AND VOLUNTARY CONTRIBUTIONS.
(a) Findings.--Congress makes the following findings:
(1) The Department has concluded that the
International Atomic Energy Agency (in this section
referred to as the ``IAEA'') is a critical and
effective instrument for verifying compliance with
international nuclear nonproliferation agreements, and
that it serves as an essential barrier to the spread of
nuclear weapons.
(2) The IAEA furthers United States national
security objectives by helping to prevent the
proliferation of nuclear weapons material, especially
through its work on effective verification and
safeguards measures.
(3) The IAEA can also perform a critical role in
monitoring and verifying aspects of nuclear weapons
reduction agreements between nuclear weapons states.
(4) The IAEA has adopted a multifaceted action
plan, to be funded by voluntary contributions, to
address the threats posed by radioactive sources that
could be used in a radiological weapon and will be the
leading international agency in this effort.
(5) As the IAEA has negotiated and developed more
effective verification and safeguards measures, it has
experienced significant real growth in its mission,
especially in the vital area of nuclear safeguards
inspections.
(6) Nearly two decades of zero budget growth have
affected the ability of the IAEA to carry out its
mission and to hire and retain the most qualified
inspectors and managers, as evidenced in the decreasing
proportion of such personnel who hold doctorate
degrees.
(7) Increased voluntary contributions by the United
States will be needed if the IAEA is to increase its
safeguards activities and also to implement its action
plan to address the worldwide risks posed by lost or
poorly secured radioactive sources.
(8) Although voluntary contributions by the United
States lessen the IAEA's budgetary constraints, they
cannot readily be used for the long-term capital
investments or permanent staff increases necessary to
an effective IAEA safeguards regime.
(9) The recent United States decision to accept a
25 percent IAEA regular budget assessment was based upon
a correct interpretation of existing law. It was not the
intent of Congress that the United States contributions to
all United Nations-related organizations and activities be
reduced pursuant to 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 Public Law 106-113; 113 Stat. 1501A-405 et seq.), which
sets 22 percent assessment rates as benchmarks for the
general United Nations budget, the Food and Agricultural
Organization, the World Health Organization, and the
International Labor Organization. Rather, contributions
for an important and effective agency such as the IAEA
should be maintained at levels commensurate with the
criticality of its mission.
(10) The Secretary should negotiate a gradual and
sustained increase in the regular budget of the
International Atomic Energy Agency, which should begin
with the 2004 budget.
(b) Authorization of Appropriations.--Of the funds
authorized to be appropriated for Nonproliferation, Anti-
terrorism, Demining, and Related Programs there is authorized
to be appropriated $60,000,000 for fiscal year 2003 for a
United States voluntary contribution to the International
Atomic Energy Agency, including for the purpose of implementing
the Protection Against Nuclear Terrorism program adopted by the
International Atomic Energy Agency Board of Governors in March
2002.
SEC. 1306. 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 adding at the end
the following new subsection:
``(e) Content of Reports.--Each report under subsection (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 jurisdiction over the person.''.
(b) Determination Exempting Foreign Persons From Certain
Measures Under the Act.--Section 5(a)(2) of such Act is amended
by striking ``systems'' and inserting ``systems, or weapons
listed on the Wassenaar Arrangement Munitions List of July 12,
1996, or any subsequent revision of that list''.
SEC. 1307. AMENDMENTS TO THE NORTH KOREA THREAT REDUCTION ACT OF 1999.
(a) Restrictions.--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 ``nuclear material, facilities, components, or
other goods, services, or technology that would be subject to
such agreement,'' each of the two places it appears and
inserting ``specified nuclear item,''.
(b) Specified Nuclear Item Defined.--Section 823 of the
North Korea Threat Reduction Act of 1999 is amended by
inserting at the end the following:
``(5) Specified nuclear item.--The term `specified
nuclear item' includes--
``(A) nuclear material, facilities,
components, or other goods, services, or
technology the transfer of which to North Korea
would be required by the Atomic Energy Act of
1954 to be subject to an agreement for
cooperation, as defined in section 11 b. of
that Act (42 U.S.C. 2014 b.), between the
United States and North Korea; and
``(B) components that are listed on Annex A
or Annex B to the Nuclear Suppliers Group
Guidelines for the Export of Nuclear Material,
Equipment and Technology (published by the
International Atomic Energy Agency as
Information Circular INFCIRC/254/Rev. 5/Part 1,
or any subsequent revision thereof).''.
SEC. 1308. ANNUAL REPORTS ON THE PROLIFERATION OF MISSILES AND
ESSENTIAL COMPONENTS OF NUCLEAR, BIOLOGICAL,
CHEMICAL, AND RADIOLOGICAL WEAPONS.
(a) Report.--Not later than March 1, 2003, and annually
thereafter, 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 experimentation), or weaponize nuclear, biological,
chemical or radiological weapons (in this section referred to
as ``NBC weapons'') to any country other than a country
referred to in subsection (d) that is seeking to possess or
otherwise acquire such weapons, technology, or materials, or
other system that the Secretary or the Secretary of Defense has
reason to believe could be used to develop, acquire, or deliver
NBC weapons.
(b) Matters To Be Included.--Each such report shall
include--
(1) the transfer of all aircraft, cruise missiles,
artillery weapons, unguided rockets and multiplerocket
systems, and related bombs, shells, warheads and other weaponization
technology and materials that the Secretary or the Secretary of Defense
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 acquire
such equipment or any other system that the Secretary
or the Secretary of Defense has reason to believe may
be used to deliver NBC weapons; and
(3) the transfer of technology, test equipment,
radioactive materials, feedstocks and cultures, and all
other specialized materials that the Secretary or the
Secretary of Defense has reason to believe could be
used to manufacture NBC weapons.
(c) Content of Report.--Each such report shall include 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 country 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 or the Secretary of
Defense has reason to believe could be used to deliver
NBC weapons.
(2) The status of NBC weapons development,
acquisition, 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 technology, and
radioactive material, feedstocks or components 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 or the Secretary 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 or the Secretary of
Defense has reason to believe could be used to
deliver NBC weapons.
(4) A listing of those persons and countries that
continue to provide such equipment or technology
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
materially assisted such programs.
(5) A description of the use of, or substantial
preparations to use, the equipment of technology
described 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 acquisition and
delivery of NBC weapons, have made with respect to
activities and private persons and governments
suspected of violating the MTCR and such other
arrangements.
(7) An analysis of the effectiveness of the
regulatory and enforcement regimes of the United States
and other countries that adhere to the MTCR and other
arrangements affecting the acquisition and delivery 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 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
regarding the transfer of MTCR equipment or technology
to foreign missile programs, including programs
involving launches of space vehicles.
(10) A description of each transfer by any person
or government during the preceding 12-month period
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 subsection
(a) are Australia, Belgium, Canada, the Czech Republic,
Denmark, France, Germany, Greece, Hungary, Iceland, Italy,
Japan, Luxembourg, the Netherlands, New Zealand, Norway,
Poland, Portugal, Spain, Turkey, the United Kingdom, and the
United States.
(e) Classification of Report.--The Secretary shall make
every effort to submit all of the information 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 detailed summary, in unclassified
form, of that classified information.
(f) Definitions.--In this section:
(1) Designated congressional committees.--The term
``designated congressional committees'' means--
(A) the Committee on Appropriations, the
Committee on Armed Services, and the Committee
on International Relations of the House of
Representatives; and
(B) the Committee on Appropriations, the
Committee on Armed Services, and the Committee
on Foreign Relations of the Senate.
(2) Missile; mtcr; mtcr equipment or technology.--
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, corporation,
or other form of association, or any of its successor
entities, parents, or subsidiaries.
(4) Weaponize; weaponization.--The term
``weaponize'' or ``weaponization'' means to incorporate
into, or the incorporation into, usable ordnance 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
Biological Weapons Control and Warfare
Elimination 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
Related Programs Appropriations Act, 1997 (as
contained in section 101(c) of title I of
division A of Public Law 104-208; 110 Stat.
3009-171).
(2) Conforming amendments.--Section 585 of the
Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, is amended--
(A) in paragraph (b), by adding ``and'' at
the end; and
(B) in paragraph (c), by striking ``; and''
and inserting a period.
Subtitle B--Russian Federation Debt Reduction for Nonproliferation
SEC. 1311. SHORT TITLE.
This subtitle may be cited as the ``Russian Federation Debt
for Nonproliferation Act of 2002''.
SEC. 1312. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) It is in the vital security interests of the
United States to prevent the spread of weapons of mass
destruction to additional states or to terrorist
organizations, and to ensure that other nations'
obligations to modify their stockpiles of such arms in
accordance with treaties, executive agreements, or
political commitments are fulfilled.
(2) In particular, it is in the vital national
security interests of the United States to ensure
that--
(A) all stocks of nuclear weapons and
weapons-usable nuclear material in the Russian
Federation are secure and accounted for;
(B) stocks of nuclear weapons and weapons-
usable nuclear material that are excess to
military needs in the Russian Federation are
monitored and reduced;
(C) any chemical or biological weapons,
related materials, and facilities in the
Russian Federation are destroyed;
(D) the Russian Federation's nuclear
weapons complex is reduced to a size
appropriate to its post-Cold War missions, and
its experts in weapons of mass destruction
technologies are shifted to gainful and
sustainable civilian employment;
(E) the Russian Federation's export control
system blocks any proliferation of weapons of
mass destruction, the means of delivering such
weapons, and materials, equipment, know-how, or
technology that would be used to develop,
produce, or deliver such weapons; and
(F) these objectives are accomplished with
sufficient monitoring and transparency to
provide confidence that they have in fact been
accomplished and that the funds provided to
accomplish these objectives have been spent
efficiently and effectively.
(3) United States programs should be designed to
accomplish these vital objectives in the Russian
Federation as rapidly as possible, and the
President should develop and present to Congress a plan for
doing so.
(4) Substantial progress has been made in United
States-Russian Federation cooperative programs to
achieve these objectives, but much more remains to be
done to reduce the urgent risks to United States
national security posed by the current state of the
Russian Federation's weapons of mass destruction
stockpiles and complexes.
(5) The threats posed by inadequate management of
weapons of mass destruction stockpiles and complexes in
the Russian Federation remain urgent. Incidents in
years immediately preceding 2001, which have been cited
by the Russia Task Force of the Secretary of Energy
Advisory Board, include--
(A) a conspiracy at one of the Russian
Federation's largest nuclear weapons facilities
to steal nearly enough highly enriched uranium
for a nuclear bomb;
(B) an attempt by an employee of the
Russian Federation's premier nuclear weapons
facility to sell nuclear weapons designs to
agents of Iraq and Afghanistan; and
(C) the theft of radioactive material from
a Russian Federation submarine base.
(6) Addressing these threats to United States and
world security will ultimately consume billions of
dollars, a burden that will have to be shared by the
Russian Federation, the United States, and other
governments, if these threats are to be neutralized.
(7) The creation of new funding streams could
accelerate progress in reducing these threats to United
States security and help the government of the Russian
Federation to fulfill its responsibility for secure
management of its weapons stockpiles and complexes as
United States assistance phases out.
(8) The Russian Federation has a significant
foreign debt, a substantial proportion of which it
inherited from the Soviet Union.
(9) Past debt-for-environment exchanges, in which a
portion of a country's foreign debt is canceled in
return for certain environmental commitments or
payments by that country, suggest that a debt-for-
nonproliferation exchange with the Russian Federation
could be designed to provide additional funding for
nonproliferation and arms reduction initiatives.
(10) Most of the Russian Federation's official
bilateral debt is held by United States allies that are
advanced industrial democracies. Since the issues
described pose threats to United States allies as well,
United States leadership that results in a larger
contribution from United States allies to cooperative
threat reduction activities will be needed.
(11) At the June 2002 meeting of the G-8 countries,
agreement was achieved on a G-8 Global Partnership
against the Spread of Weapons and Materials of Mass
Destruction, under which the advanced industrial
democracies committed to contribute $20,000,000,000 to
nonproliferation programs in the Russian Federation
during a 10-year period, with each contributing country
having the option to fund some or all of its
contribution through reduction in the Russian
Federation's official debt to that country.
(12) The Russian Federation's Soviet-era official
debt to the United States is estimated to be
$480,000,000 in Lend-Lease debt and $2,250,000,000 in
debt as a result of credits extended under title I of
the Agricultural Trade Development and Assistance Act
of 1954 (7 U.S.C. 1701 et seq.).
(b) Purposes.--The purposes of this subtitle are--
(1) to facilitate the accomplishment of the United
States objectives described in the findings set forth
in subsection (a) by providing for the use of a portion
of the Russian Federation's foreign debt to fund
nonproliferation programs, thus allowing the use of
additional resources for these purposes; and
(2) to help ensure that the resources made
available to the Russian Federation are targeted to the
accomplishment of the United States objectives
described in the findings set forth in subsection (a).
SEC. 1313. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International
Relations and the Committee on Appropriations
of the House of Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(2) Cost.--The term ``cost'' has the meaning given
that term in section 502(5) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a(5)).
(3) Russian federation nonproliferation investment
agreement or agreement.--The term ``Russian Federation
Nonproliferation Investment Agreement'' or
``Agreement'' means the agreement between the United
States and the Russian Federation entered into under
section 1315(a).
(4) Soviet-era debt.--The term ``Soviet-era debt''
means debt owed as a result of loans or credits
provided by the United States (or any agency of the
United States) to the Union of Soviet Socialist
Republics under the Lend Lease Act of 1941 or the
Commodity Credit Corporation Charter Act.
(5) State sponsor of international terrorism.--The
term ``state sponsor of international terrorism'' means
those countries that have been determined by the
Secretary of State, for the purposes of section 40 of
the Arms Export Control Act, section 620A of the
Foreign Assistance Act of 1961, or section 6(j) of the
Export Administration Act of 1979, to have repeatedly
provided support for acts of international terrorism.
SEC. 1314. AUTHORITY TO REDUCE THE RUSSIAN FEDERATION'S SOVIET-ERA DEBT
OBLIGATIONS TO THE UNITED STATES.
(a) Authority To Reduce Debt.--
(1) In general.--Upon the entry into force of a
Russian Federation Nonproliferation Investment
Agreement, the President may reduce amounts of Soviet-
era debt owed by the Russian Federation to the United
States (or any agency or instrumentality of the United
States) that are outstanding as of the last day of the
fiscal year preceding the fiscal year for which
appropriations are available for the reduction of debt,
in accordance with this subtitle.
(2) Limitation.--The authority provided by
paragraph (1) shall be available only to the extent
that appropriations for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990) of
reducing any debt pursuant to such subsection are made
in advance.
(3) Supersedes existing law.--The authority
provided by paragraph (1) may be exercised
notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2370(r)) or section
321 of the International Development and Food
Assistance Act of 1975.
(b) Implementation.--
(1) Delegation of authority.--The President may
delegate any authority conferred upon the President in
this subtitle to the Secretary of State.
(2) Establishment of terms and conditions.--
Consistent with this subtitle, the President shall
establish the terms and conditions under which loans
and credits may be reduced pursuant to subsection (a).
(3) Implementation.--In exercising the authority of
subsection (a), the President--
(A) shall notify--
(i) the Department of State, with
respect to obligations of the former
Soviet Union under the Lend Lease Act
of 1941; and
(ii) the Commodity Credit
Corporation, with respect to
obligations of the former Soviet Union
under the Commodity Credit Corporation
Act;
(B) shall direct the cancellation of old
obligations and the substitution of new
obligations consistent with the Russian
Federation Nonproliferation Investment
Agreement; and
(C) shall direct the appropriate agency to
make an adjustment in the relevant accounts to
reflect the new debt treatment.
(4) Deposit of repayments.--All repayments of
outstanding loan amounts under subsection (a) that are
not designated under a Russian Federation
Nonproliferation Investment Agreement shall be
deposited in the United States Government accounts
established for repayments of the original obligations.
(5) Not treated as foreign assistance.--Any
reduction of Soviet-era debt pursuant to this subtitle
shall not be considered assistance for the purposes of
any provision of law limiting assistance to a country.
(c) Authorization of Appropriation.--
(1) In general.--For the cost (as defined in
section 502(5) of the Federal Credit Reform Act of
1990) of modifying any Soviet-era debt obligation
pursuant to subsection (a), there are authorized to be
appropriated to the President such sums as may be
necessary.
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
SEC. 1315. RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT AGREEMENT.
(a) In General.--
(1) In general.--The President is authorized to
enter into an agreement with the Russian Federation
under which an amount equal to the value of the debt
reduced pursuant to section 1314 will be used to
promote the nonproliferation of weapons of mass
destruction and the means of delivering such weapons.
An agreement entered into under this section may be
referred to as the ``Russian Federation
Nonproliferation Investment Agreement''.
(2) Congressional notification.--The President
shall notify the appropriate congressional committees
at least 15 days in advance of the United States
entering into a Russian Federation Nonproliferation
Investment Agreement.
(b) Content of the Agreement.--The Russian Federation
Nonproliferation Investment Agreement shall ensure that--
(1) an amount equal to the value of the debt
reduced pursuant to this subtitle will be made
available by the Russian Federation for agreed
nonproliferation programs and projects;
(2) each program or project funded pursuant to the
Agreement will be approved by the President;
(3) the administration and oversight of
nonproliferation programs and projects will incorporate
best practices from established threat reduction and
nonproliferation assistance programs;
(4) each program or project funded pursuant to the
Agreement will be subject to monitoring and audits
conducted by or for the United States Government to
confirm that agreed funds are expended on agreed
projects and meet agreed targets and benchmarks;
(5) unobligated funds for investments pursuant to
the Agreement will not be diverted to other purposes;
(6) funds allocated to programs and projects
pursuant to the Agreement will not be subject to any
taxation by the Russian Federation;
(7) all matters relating to the intellectual
property rights and legal liabilities of United States
firms in any project will be agreed upon before the
expenditure of funds would be authorized for that
project; and
(8) not less than 75 percent of the funds made
available for each nonproliferation program or project
under the Agreement will be spent in the Russian
Federation.
(c) Use of Existing Mechanisms.--It is the sense of
Congress that, to the extent practicable, the boards and
administrative mechanisms of existing threat reduction and
nonproliferation programs should be used in the administration
and oversight of programs and projects under the Agreement.
(d) Joint Auditing.--It is the sense of Congress that the
United States and the Russian Federation should consider
commissioning the United States General Accounting Office and
the Russian Chamber of Accounts to conduct joint audits to
ensure that the funds saved by the Russian Federation as a
result of any debt reduction are used exclusively, efficiently,
and effectively to implement agreed programs or projects
pursuant to the Agreement.
(e) Structure of the Agreement.--It is the sense of
Congress that the Agreement should provide for significant
penalties--
(1) if funds obligated for approved programs or
projects are determined to have been misappropriated;
and
(2) if the President is unable to make the
certification required by section 1317(a) for two
consecutive years.
SEC. 1316. INDEPENDENT MEDIA AND THE RULE OF LAW.
Notwithstanding section 1315 (a)(1) and (b)(1), up to 10
percent of the amount equal to the value of the debt reduced
pursuant to this subtitle may be used to promote a vibrant,
independent media sector and the rule of law in the Russian
Federation through an endowment to support the establishment of
a ``Center for an Independent Press and the Rule of Law'' in
the Russian Federation, which shall be directed by a joint
United States-Russian Board of Directors in which the majority
of members, including the chairman, shall be United States
personnel, and which shall be responsible for management of the
endowment, its funds, and the Center's programs.
SEC. 1317. RESTRICTION ON DEBT REDUCTION AUTHORITY.
(a) Proliferation to State Sponsors of Terrorism.--Subject
to the provisions of subsection (c), the debt reduction
authority provided by section 1314 may not be exercised unless
and until the President certifies to the appropriate
congressional committees that the Russian Federation has made
material progress in stemming the flow of sensitive goods,
technologies, material, and know-how related to the design,
development, and production of weapons of mass destruction and
the means to deliver them to state sponsors of international
terrorism.
(b) Annual Determination.--If, in any annual report to
Congress submitted pursuant to section 1321, the President
cannot certify that the Russian Federation continues to meet
the condition required in subsection (a), then, subject to the
provisions of subsection (c), the debt reduction authority
provided by section 1314 may not be exercised unless and until
such certification is made to the appropriate congressional
committees.
(c) Presidential Waiver.--The President may waive the
requirements of subsection (a) or (b) for a fiscal year if the
President--
(1) determines that application of the subsection
for a fiscal year would be counter to the national
interest of the United States; and
(2) so reports to the appropriate congressional
committees.
SEC. 1318. DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION FOR
NONPROLIFERATION WITH OTHER CREDITOR STATES.
It is the sense of Congress that the President and such
other appropriate officials as the President may designate
should pursue discussions with other creditor states with the
objectives of--
(1) ensuring that other advanced industrial
democracies, especially the largest holders of Soviet-
era Russian debt, dedicate significant proportions of
their bilateral official debt with the Russian
Federation or equivalent amounts of direct assistance
to the G-8 Global Partnership against the Spread of
Weapons and Materials of Mass Destruction, as agreed
upon in the Statement by G-8 Leaders on June 27, 2002;
and
(2) reaching agreement, as appropriate, to
establish a unified Russian Federation official debt
reduction fund to manage and provide financial
transparency for the resources provided by creditor
states through debt reductions.
SEC. 1319. IMPLEMENTATION OF UNITED STATES POLICY.
It is the sense of Congress that implementation of debt-
for-nonproliferation programs with the Russian Federation
should be overseen by the coordinating mechanism established
pursuant to section 1334 of this Act.
SEC. 1320. CONSULTATIONS WITH CONGRESS.
The President shall consult with the appropriate
congressional committees on a periodic basis to review the
implementation of this subtitle and the Russian Federation's
eligibility for debt reduction pursuant to this subtitle.
SEC. 1321. ANNUAL REPORTS TO CONGRESS.
Not later than December 31, 2003, and not later than
December 31 of each year thereafter, the President shall
prepare and transmit to Congress a report concerning actions
taken to implement this subtitle during the fiscal year
preceding the fiscal year in which the report is transmitted.
The report on a fiscal year shall include--
(1) a description of the activities undertaken
pursuant to this subtitle during the fiscal year;
(2) a description of the nature and amounts of the
loans reduced pursuant to this subtitle during the
fiscal year;
(3) a description of any agreement entered into
under this subtitle;
(4) a description of the progress during the fiscal
year of any projects funded pursuant to this subtitle;
(5) a summary of the results of relevant audits
performed in the fiscal year; and
(6) a certification, if appropriate, that the
Russian Federation continued to meet the condition
required by section 1317(a), and an explanation of why
the certification was or was not made.
Subtitle C--Nonproliferation Assistance Coordination
SEC. 1331. SHORT TITLE.
This subtitle may be cited as the ``Nonproliferation
Assistance Coordination Act of 2002''.
SEC. 1332. FINDINGS.
Congress finds that--
(1) United States nonproliferation efforts in the
independent states of the former Soviet Union have
achieved important results in ensuring that weapons of
mass destruction, weapons-usable material and
technology, and weapons-related knowledge remain beyond
the reach of terrorists and weapons-proliferating
states;
(2) although these efforts are in the United States
national security interest, the effectiveness of these
efforts has suffered from a lack of coordination within
and among United States Government agencies;
(3) increased spending and investment by the United
States private sector on nonproliferation efforts in
the independent states of the former Soviet Union,
specifically, spending and investment by the United
States private sector in job creation initiatives and
proposals for unemployed Russian Federation weapons
scientists and technicians, are making an important
contribution in ensuring that knowledge related to
weapons of mass destruction remains beyond the reach of
terrorists and weapons-proliferating states; and
(4) increased spending and investment by the United
States private sector on nonproliferation efforts in
the independent states of the former Soviet Union make
advisable the establishment of a coordinating body to
ensure that United States public and private efforts
are not in conflict, and to ensure that public spending
on efforts by the independent states of the former
Soviet Union is maximized to ensure efficiency and
further United States national security interests.
SEC. 1333. DEFINITIONS.
(a) Independent States of the Former Soviet Union.--In this
subtitle, the term ``independent states of the former Soviet
Union'' has the meaning given the term in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801).
(b) Appropriate Committees of Congress.--In this subtitle,
the term ``the appropriate committees of Congress'' means the
Committees on Foreign Relations, Armed Services, and
Appropriations of the Senate and the Committees on
International Relations, Armed Services, and Appropriations of
the House of Representatives.
SEC. 1334. ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION ASSISTANCE.
(a) In General.--The President shall establish a mechanism
to coordinate, with the maximum possible effectiveness and
efficiency, the efforts of United States Government departments
and agencies engaged in formulating policy and carrying out
programs for achieving nonproliferation and threat reduction.
(b) Membership.--The coordination mechanism established
pursuant to subsection (a) shall include--
(1) representatives designated by--
(A) the Secretary of State;
(B) the Secretary of Defense;
(C) the Secretary of Energy;
(D) the Secretary of Commerce;
(E) the Attorney General; and
(F) the Director of the Office of Homeland
Security, or the head of a successor department
or agency; and
(2) such other executive branch officials as the
President may select.
(c) Level of Representation.--To the maximum extent
possible, each department or agency's representative designated
pursuant to subsection (b)(1) shall be an official of that
department or agency who has been appointed by the President
with the advice and consent of the Senate.
(d) Chair.--The President shall designate an official to
direct the coordination mechanism established pursuant to
subsection (a). The official so designated may invite the head
of any other department or agency of the United States to
designate a representative of that department or agency to
participate from time to time in the activities of the
Committee.
SEC. 1335. PURPOSES AND AUTHORITY.
(a) Purposes.--
(1) In general.--The primary purpose of the
coordination mechanism established pursuant to section
1334 of this Act should be--
(A) to exercise continuing responsibility
for coordinating worldwide United States
nonproliferation and threat reduction efforts
to ensure that they effectively implement
United States policy; and
(B) to enhance the ability of participating
departments and agencies to anticipate growing
nonproliferation areas of concern.
(2) Program monitoring and coordination.--The
coordination mechanism established pursuant to section
1334 of this Act should have primary continuing
responsibility within the executive branch of the
Government for--
(A) United States nonproliferation and
threat reduction efforts, and particularly such
efforts in the independent states of the former
Soviet Union; and
(B) coordinating the implementation of
United States policy with respect to such
efforts.
(b) Authority.--In carrying out the responsibilities
described in subsection (a), the coordination mechanism
established pursuant to section 1334 of this Act should have,
at a minimum, the authority to--
(1) establish such subcommittees and working groups
as it deems necessary;
(2) direct the preparation of analyses on issues
and problems relating to coordination within and among
United States departments and agencies on
nonproliferation and threat reduction efforts;
(3) direct the preparation of analyses on issues
and problems relating to coordination between the
United States public and private sectors on
nonproliferation and threat reduction efforts,
including coordination between public and private
spending on nonproliferation and threat reduction
programs and coordination between public spending and
private investment in defense conversion activities of
the independent states of the former Soviet Union;
(4) provide guidance on arrangements that will
coordinate, deconflict, and maximize the utility of
United States public spending on nonproliferation and
threat reduction programs, and particularly such
efforts in the independent states of the former Soviet
Union;
(5) encourage companies and nongovernmental
organizations involved in nonproliferation efforts of
the independent states of the former Soviet Union or
other countries of concern to voluntarily report these
efforts to it;
(6) direct the preparation of analyses on issues
and problems relating to the coordination between the
United States and other countries with respect to
nonproliferation efforts, and particularly such efforts
in the independent states of the former Soviet Union;
and
(7) consider, and make recommendations to the
President with respect to, proposals for such new
legislation or regulations relating to United States
nonproliferation efforts as may be necessary.
SEC. 1336. ADMINISTRATIVE SUPPORT.
All United States departments and agencies shall provide,
to the extent permitted by law, such information and assistance
as may be requested by the coordination mechanism established
pursuant to section 1334 of this Act, in carrying out its
functions and activities under this subtitle.
SEC. 1337. CONFIDENTIALITY OF INFORMATION.
Information which has been submitted to or received by the
coordination mechanism established pursuant to section 1334 of
this Act in confidence shall not be publicly disclosed, except
to the extent required by law, and such information shall be
used by it only for the purpose of carrying out the functions
set forth in this subtitle.
SEC. 1338. STATUTORY CONSTRUCTION.
Nothing in this subtitle--
(1) applies to the data-gathering, regulatory, or
enforcement authority of any existing United States
department or agency over nonproliferation efforts in
the independent states of the former Soviet Union, and
the review of those efforts undertaken by the
coordination mechanism established pursuant to section
1334 of this Act shall not in any way supersede or
prejudice any other process provided by law; or
(2) applies to any activity that is reportable
pursuant to title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.).
SEC. 1339. REPORTING AND CONSULTATION.
(a) Presidential Report.--Not later than 120 days after
each inauguration of a President, the President shall submit a
report to the Congress on his general and specific
nonproliferation and threat reduction objectives and how the
efforts of executive branch agencies will be coordinated most
effectively, pursuant to section 1334 of this Act, to achieve
those objectives.
(b) Consultation.--The President should consult with and
brief, from time to time, the appropriate committees of
Congress regarding the efficacy of the coordination mechanism
established pursuant to section 1334 of this Act in achieving
its stated objectives.
Subtitle D--Iran Nuclear Proliferation Prevention Act of 2002
SEC. 1341. SHORT TITLE.
This subtitle may be cited as the ``Iran Nuclear
Proliferation Prevention Act of 2002''.
SEC. 1342. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL
ATOMIC ENERGY AGENCY FOR PROGRAMS AND PROJECTS IN
IRAN.
Section 307 of the Foreign Assistance Act of 1961 (22
U.S.C. 2227) is amended by adding at the end the following:
``(d)(1) Notwithstanding subsection (c), if the Secretary
of State determines that programs and projects of the
International Atomic Energy Agency in Iran are inconsistent
with United States nuclear nonproliferation and safety goals,
will provide Iran with training or expertise relevant to the
development of nuclear weapons, or are being used as a cover
for the acquisition of sensitive nuclear technology, the
limitations of subsection (a) shall apply to such programs and
projects, and the Secretary of State shall so notify the
appropriate congressional committees (as definedin section 3 of
the Foreign Relations Authorization Act, Fiscal Year 2003).
``(2) A determination made by the Secretary of State under
paragraph (1) shall be effective for the 1-year period
beginning on the date of the determination.''.
SEC. 1343. ANNUAL REVIEW BY SECRETARY OF STATE OF PROGRAMS AND PROJECTS
OF THE INTERNATIONAL ATOMIC ENERGY AGENCY; UNITED
STATES OPPOSITION TO CERTAIN PROGRAMS AND PROJECTS
OF THE AGENCY.
(a) Annual Review.--
(1) In general.--The Secretary shall undertake a
comprehensive annual review of all programs and
projects of the International Atomic Energy Agency
(IAEA) in the countries described in section 307(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a))
and shall determine if such programs and projects are
consistent with United States nuclear nonproliferation
and safety goals.
(2) Report.--Not later than one year after the date
of enactment of this Act, and on an annual basis
thereafter for five years, the Secretary shall submit
to Congress a report containing the results of the
review under paragraph (1).
(b) Opposition To Certain Programs and Projects of
International Atomic Energy Agency.--The Secretary shall direct
the United States representative to the International Atomic
Energy Agency to oppose programs of the Agency that are
determined by the Secretary under the review conducted under
subsection (a)(1) to be inconsistent with nuclear
nonproliferation and safety goals of the United States.
SEC. 1344. REPORTING REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and on an annual basis thereafter for
five years, the Secretary, in consultation with the United
States representative to the International Atomic Energy
Agency, shall prepare and submit to Congress a report that
contains--
(1) a description of the total amount of annual
assistance to Iran from the International Atomic Energy
Agency;
(2) a list of Iranian officials in leadership
positions at the Agency;
(3) the expected timeframe for the completion of
the nuclear power reactors at the Bushehr nuclear power
plant;
(4) a summary of the nuclear materials and
technology transferred to Iran from the Agency in the
preceding year that could assist in the development of
Iran's nuclear weapons program; and
(5) a description of all programs and projects of
the International Atomic Energy Agency in each country
described in section 307(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2227(a)) and any inconsistencies
between the technical cooperation and assistance
programs and projects of the Agency and United States
nuclear nonproliferation and safety goals in those
countries.
(b) Additional Requirement.--The report required to be
submitted under subsection (a) shall be submitted in an
unclassified form, to the extent appropriate, but may include a
classified annex.
SEC. 1345. SENSE OF CONGRESS.
It is the sense of Congress that the President should
pursue internal reforms at the International Atomic Energy
Agency that will ensure that all programs and projects funded
under the Technical Cooperation and Assistance Fund of the
Agency are compatible with United States nuclear
nonproliferation policy and international nuclear
nonproliferation norms.
TITLE XIV--EXPEDITING THE MUNITIONS LICENSING PROCESS
SEC. 1401. LICENSE OFFICER STAFFING.
(a) Funding.--Of the amount authorized to be appropriated
by section 111(a)(1)(A), $10,000,000 is authorized to be
available for salaries and expenses of the Office of Defense
Trade Controls of the Department.
(b) Assignment of License Review Officers.--Effective
January 1, 2003, the Secretary shall assign to the Office of
Defense Trade Controls of the Department a sufficient number of
license review officers to ensure that the average weekly
caseload for each officer does not routinely exceed 40.
(c) Detailees.--Given the priority placed on expedited
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. 1402. FUNDING FOR DATABASE AUTOMATION.
Of the amount authorized to be appropriated by section
111(a)(2), $4,000,000 is authorized to be available for the
Office of Defense Trade Controls of the Department for the
modernization of information management systems.
SEC. 1403. INFORMATION MANAGEMENT PRIORITIES.
(a) Objective.--The Secretary shall establish a secure,
Internet-based system for the filing and review of applications
for export of Munitions List items.
(b) Establishment of an Electronic System.--Of the amount
made available pursuant to section 1402 of this Act, $3,000,000
is authorized to be available to fully automate the Defense
Trade Application System, and to ensure that the system--
(1) is a secure, electronic system for the filing
and review of Munitions List license applications;
(2) is accessible by United States companies
through the Internet for the purpose of filing and
tracking their Munitions List license applications; and
(3) is capable of exchanging data with--
(A) the Export Control Automated Support
System of the Department of Commerce;
(B) the Foreign Disclosure and Technology
Information System and the USXPORTS systems of
the Department of Defense;
(C) the Export Control System of the
Central Intelligence Agency; and
(D) the Proliferation Information Network
System of the Department of Energy.
(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. 1404. IMPROVEMENTS TO THE AUTOMATED EXPORT SYSTEM.
(a) Contribution to the Automated Export System.--Of the
amount provided under section 1402 of this Act, $250,000 is
authorized to be available for the purpose of--
(1) providing the Department with full access to
the Automated Export System;
(2) ensuring that the system is modified to meet
the needs of the Department, if such modifications are
consistent with the needs of other United States
Government agencies; and
(3) providing operational support.
(b) Mandatory Filing.--The Secretary of Commerce, with the
concurrence of the Secretary of State and the Secretary of
Treasury, shall publish regulations in the Federal Register to
require, upon the effective date of those regulations, that all
persons who are required to file export information under
chapter 9 of title 13, United States Code, file such
information through the Automated Export System.
(c) Requirement for Information Sharing.--The Secretary
shall conclude an information-sharing arrangement with the
heads of the United States Customs Service and the Census
Bureau--
(1) to allow the Department to access information
on controlled exports made through the United States
Postal Service; and
(2) to adjust the Automated Export System to
parallel information currently collected by the
Department.
(d) Secretary of Treasury Functions.--Section 303 of title
13, United States Code, is amended by striking ``, other than
by mail,''.
(e) 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
delinquency beyond the prescribed period, but
not more than $1,000,'' and inserting ``a
penalty not to exceed $1,000 for each day's
delinquency 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
following:
``(b) Any person, other than a person described in
subsection (a), required to submit export information, shall
file such information in accordance with any rule, regulation,
or order issued pursuant to this chapter. In the event any such
information or reports are not filed within such prescribed
period, the Secretary of Commerce (and officers of the
Department of Commerce specifically 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.''.
(f) Additional Penalties.--
(1) In general.--Section 305 of title 13, United
States Code, is amended to read as follows:
``SEC. 305. PENALTIES FOR UNLAWFUL EXPORT INFORMATION ACTIVITIES.
``(a) Criminal Penalties.--
``(1) Failure to file; submission of false or
misleading information.--Any person who knowingly fails
to file or knowingly submits false ormisleading 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) Furtherance of illegal activities.--Any
person who knowingly reports any information 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.
``(3) Forfeiture penalties.--Any person who is
convicted under this subsection shall, in addition to
any other penalty, be subject to forfeiting 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 indirectly as a result of
the violation.
``(b) Civil Penalties.--The Secretary (and officers 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 imposed by law.
``(c) Civil Penalty Procedure.--
``(1) In general.--Whenever a civil penalty is
sought for a violation of this section or of section
304, the charged party is entitled to receive a formal
complaint 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 accordance with sections 556 and 557 of
title 5, United States Code.
``(2) Commencement of civil actions.--If any person
fails to pay a civil penalty imposed under this
chapter, the Secretary may request the Attorney General
to commence a civil action in an appropriate district
court of the United States to recover the amount
imposed (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 date the order
imposing the civil penalty becomes final. In such
action, the validity, amount, and appropriateness of
such penalty shall not be subject to review.
``(3) Remission or mitigation of penalties.--The
Secretary may remit or mitigate any penalties imposed
under paragraph (1) if, in the Secretary's opinion--
``(A) the penalties were incurred without
willful negligence or fraud; or
``(B) other circumstances exist that
justify a remission or mitigation.
``(4) Applicable law for delegated functions.--If,
pursuant to section 306, the Secretary delegates
functions under this section to another agency, the
provisions of law of that agency relating to penalty
assessment, remission or mitigation of such penalties,
collection of such penalties, and limitations of
actions and compromise of claims, shall apply.
``(5) Deposit of payments in general fund of the
treasury.--Any amount paid in satisfaction of a civil
penalty imposed under this section or section 304 shall
be deposited into the general fund of the Treasury and
credited as miscellaneous receipts.
``(d) Enforcement.--
``(1) By the secretary of commerce.--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) By the commissioner of customs.--The
Commissioner of Customs may designate officers or
employees of the Customs Service to enforce the
provisions of this chapter, or to conduct
investigations pursuant to this chapter.
``(e) Regulations.--The Secretary of Commerce shall
promulgate regulations for the implementation and enforcement
of this section.
``(f) Exemption.--The criminal fines provided for in this
section are exempt from the provisions of section 3571 of title
18, United States Code.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 9 of title 13, UnitedStates
Code, is amended by striking the item relating to section 305 and
inserting the following:
``305. Penalties for unlawful export information activities.''.
SEC. 1405. ADJUSTMENT OF THRESHOLD AMOUNTS FOR CONGRESSIONAL REVIEW
PURPOSES.
(a) In General.--The Arms Export Control Act is amended--
(1) in section 3(d) (22 U.S.C. 2753(d))--
(A) in paragraphs (1) and (3)(A), by
striking ``The President may not'' and
inserting ``Subject to paragraph (5), the
President may not''; and
(B) by adding at the end of the following
new paragraph:
``(5) In the case of a transfer to a member country of the
North Atlantic Treaty Organization (NATO) or Australia, Japan,
or New Zealand that does not authorize a new sales territory
that includes any country other than such countries, the
limitations on consent of the President set forth in paragraphs
(1) and (3)(A) shall apply only if the transfer is--
``(A) a transfer of major defense equipment valued
(in terms of its original acquisition cost) at
$25,000,000 or more; or
``(B) a transfer of defense articles or defense
services valued (in terms of its original acquisition
cost) at $100,000,000 or more).'';
(2) in section 36 (22 U.S.C. 2776)--
(A) in subsection (b)--
(i) in paragraph (1), by striking
``(1) In the case of'' and inserting
``(1) Subject to paragraph (6), in the
case of'';
(ii) in paragraph (5)(C), by
striking ``(C) If'' and inserting ``(C)
Subject to paragraph (6), if''; and
(iii) by adding at the end of the
following new paragraph:
``(6) The limitation in paragraph (1) and the requirement
in paragraph (5)(C) shall apply in the case of a letter of
offer to sell to a member country of the North Atlantic Treaty
Organization (NATO) or Australia, Japan, or New Zealand that
does not authorize a new sales territory that includes any
country other than such countries only if the letter of offer
involves--
``(A) the sale of major defense equipment under
this Act for, or the enhancement or upgrade of major
defense equipment at a cost of, $25,000,000 or more, as
the case may be; and
``(B) the sale of defense articles or services for,
or the enhancement or upgrade of defense articles or
services at a cost of, $100,000,000 or more, as the
case may be; or
``(C) the sale of design and construction services
for, or the enhancement or upgrade of design and
construction services at a cost of, $300,000,000 or
more, as the case may be.''; and
(B) in subsection (c)--
(i) in paragraph (1), by striking
``(1) In the case of'' and inserting
``(1) Subject to paragraph (5), in the
case of''; and
(ii) by adding at the end the
following new paragraph:
``(5) In the case of an application by a person (other than
with regard to a sale under section 21 or 22 of this Act) for a
license for the export to a member country of the North
Atlantic Treaty Organization (NATO) or Australia, Japan, or New
Zealand that does not authorize a new sales territory that
includes any country other than such countries, the limitations
on the issuance of the license set forth in paragraph (1) shall
apply only if the license is for export of--
``(A) major defense equipment sold under a contract
in the amount of $25,000,000 or more; or
``(B) defense articles or defense services sold
under a contract in the amount of $100,000,000 or
more.'';
(3) in section 63(a) (22 U.S.C. 2796b(a))--
(A) by striking ``In the case of'' and
inserting ``(1) Subject to paragraph (2), in
the case of''; and
(B) by adding at the end the following new
paragraph:
``(2) In the case of an agreement described in paragraph
(1) that is entered into with a member country of the North
Atlantic Treaty Organization (NATO) or Australia, Japan, or New
Zealand, the limitations in paragraph (1) shall apply only if
the agreement involves a lease or loan of--
``(A) major defense equipment valued (in terms of
its replacement cost less any depreciation in its
value) at $25,000,000 or more; or
``(B) defense articles valued (in terms of their
replacement cost less any depreciation in their value)
at $100,000,000 or more.''; and
(4) in section 47 (22 U.S.C. 2794), as amended by
section 1202(b) of this Act--
(A) by striking ``and'' at the end of
paragraph (9);
(B) by striking the period at the end of
paragraph (10) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(11) `Sales territory' means a country or group
of countries to which a defense article or defense
service is authorized to be reexported.''.
(b) Licenses for Exports to India and Pakistan.--Section
9001(e) of the Department of Defense Appropriations Act, Fiscal
Year 2000 (Public Law 106-79) is amended by adding at the end
the following: ``The application of these requirements shall be
subject to the dollar amount thresholds specified in that
section.''.
SEC. 1406. CONGRESSIONAL NOTIFICATION OF REMOVAL OF ITEMS FROM THE
MUNITIONS LIST.
Section 38(f)(1) of the Arms Export Control Act (22 U.S.C.
2778(f)(1)) is amended by striking the third sentence and
inserting the following: ``The President may not remove any
item from the Munitions List until 30 days after the date on
which the President has provided notice of the proposed removal
to the Committee on International Relations of the House of
Representatives and to the Committee on Foreign Relations of
the Senate in accordance with the procedures applicable to
reprogramming notifications under section 634A(a) of the
Foreign Assistance Act of 1961. Such notice shall describe the
nature of any controls to be imposed on that item under any
other provision of law.''.
TITLE XV--NATIONAL SECURITY ASSISTANCE STRATEGY
SEC. 1501. BRIEFING ON THE STRATEGY.
Not later than March 31, 2003, officials of the Department
and the Department of Defense shall brief the appropriate
congressional committees regarding their plans and progress in
formulating and implementing a national security assistance
strategy. This briefing shall include--
(1) a description of how, and to what extent, the
elements of the strategy recommended in section 501(b)
of the Security Assistance Act of 2000 (22 U.S.C.
2305(b)) have been or will be incorporated in security
assistance plans and decisions;
(2) the number of out-years considered in the
strategy;
(3) a description of the actions taken to include
the programs listed in section 501(c) of the Security
Assistance Act of 2000 (22 U.S.C. 2305(c)), as well as
similar programs of military training or other
assistance to the military or security forces of a
foreign country;
(4) a description of how a national security
assistance strategy is being implemented regarding
specific countries;
(5) a description of any programmatic changes
adopted or expected as a result of adopting a strategic
approach to security assistance policymaking;
(6) a description of any obstacles encountered in
formulating or implementing a national security
assistance strategy; and
(7) a description of any resource or legislative
needs highlighted by this process.
SEC. 1502. SECURITY ASSISTANCE SURVEYS.
(a) Utilization.--The Secretary should utilize security
assistance surveys in preparation of a national security
assistance strategy pursuant to section 501 of the Security
Assistance Act of 2000 (22 U.S.C. 2305).
(b) Funding.--Of the amount made available for the fiscal
year 2003 under section 23 of the Arms Export Control Act (22
U.S.C. 2763), $2,000,000 is authorized to be available to the
Secretary to conduct security assistance surveys, or to request
such surveys, on a reimbursable basis, by the Department of
Defense or other United States Government agencies. Such
surveys shall be conducted consistent with the requirements of
section 26 of the Arms Export Control Act (22 U.S.C. 2766).
TITLE XVI--MISCELLANEOUS PROVISIONS
SEC. 1601. NUCLEAR AND MISSILE NONPROLIFERATION IN SOUTH ASIA.
(a) United States Policy.--It shall be the policy of the
United States, consistent with its obligations under the Treaty
on the Non-Proliferation of Nuclear Weapons (21 U.S.T. 483), to
encourage and work with the governments of India and Pakistan
to achieve the following objectives by September 30, 2003:
(1) Continuation of a nuclear testing moratorium.
(2) Commitment not to deploy nuclear weapons.
(3) Commitment not to deploy ballistic missiles
that can carry nuclear weapons and to restrain the
ranges and types of missiles developed or deployed.
(4) Agreement by both governments to bring their
export controls in accord with the guidelines and
requirements of the Nuclear Suppliers Group.
(5) Agreement by both governments to bring their
export controls in accord with the guidelines and
requirements of the Zangger Committee.
(6) Agreement by both governments to bring their
export controls in accord with the guidelines,
requirements, and annexes of the Missile Technology
Control Regime.
(7) Establishment of a modern, effective system to
control the export of sensitive dual-use items,
technology, technical information, and materiel that
can be used in the design, development, or production
of weapons of mass destruction and ballistic missiles.
(8) Conduct of bilateral meetings between Indian
and Pakistani senior officials to discuss security
issues and establish confidence-building measures with
respect to nuclear policies and programs.
(b) Further United States Policy.--It shall also be the
policy of the United States, consistent with its obligations
under the Treaty on the Nonproliferation of Nuclear Weapons (21
U.S.T. 483), to encourage, and, where appropriate, to work
with, the Governments of India and Pakistan to achieve not
later than September 30, 2003, the establishment by those
governments of modern, effective systems to protect and secure
their nuclear devices and materiel from unauthorized use,
accidental employment, or theft. Any such dialogue with India
or Pakistan would not be represented or considered, nor would
it be intended, as granting any recognition to India or
Pakistan, as appropriate, as a nuclear weapon state (as defined
in the Treaty on the Non-Proliferation of Nuclear Weapons).
(c) Report.--Not later than March 1, 2003, the President
shall submit to the appropriate congressional committees a
report describing United States efforts to achieve the
objectives listed in subsections (a) and (b), the progress made
toward the achievement of those objectives, and the likelihood
that each objective will be achieved by September 30, 2003.
SEC. 1602. REAL-TIME PUBLIC AVAILABILITY OF RAW SEISMOLOGICAL DATA.
The head of the Air Force Technical Applications Center
shall make available to the public, immediately upon receipt or
as soon after receipt as is practicable, all raw seismological
data provided to the United States Government by any
international monitoring organization that is directly
responsible for seismological monitoring.
SEC. 1603. DETAILING UNITED STATES GOVERNMENTAL PERSONNEL TO
INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
ORGANIZATIONS.
(a) In General.--The Secretary, in consultation with the
Secretaries of Defense and Energy and the heads of other
relevant United States departments and agencies, as
appropriate, should develop measures to improve the process by
which United States Government personnel may be detailed to
international arms control and nonproliferation organizations
without adversely affecting the pay or career advancement of
such personnel.
(b) Report Required.--Not later than May 1, 2003, the
Secretary shall submit a report to the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives setting forth the
measures taken under subsection (a).
SEC. 1604. DIPLOMATIC PRESENCE OVERSEAS.
(a) Purpose.--The purpose of this section is to--
(1) elevate the stature given United States
diplomatic initiatives relating to nonproliferation and
political-military issues; and
(2) develop a group of highly specialized,
technical experts with country expertise capable of
administering the nonproliferation and political-
military affairs functions of the Department.
(b) Authority.--To carry out the purposes of subsection
(a), the Secretary is authorized to establish the position of
Counselor for Nonproliferation and Political Military Affairs
in United States diplomatic missions overseas, to be filled by
individuals who are career Civil Service officers or Foreign
Service officers committed to follow-on assignments in the
Nonproliferation Bureau or the Political Military Affairs
Bureau of the Department.
(c) Training.--After being selected to serve as Counselor,
any person so selected shall spend not less than 10 months in
language training courses at the Foreign Service Institute, or
in technical courses administered by the Department of Defense,
the Department of Energy, or other appropriate departments and
agencies of the United States, except that such requirement for
training may be waived by the Secretary.
SEC. 1605. COMPLIANCE WITH THE CHEMICAL WEAPONS CONVENTION.
(a) Findings.--Congress makes the following findings:
(1) On April 24, 1997, the Senate provided its
advice and consent to ratification of the Chemical
Weapons Convention subject to the condition, among
others, that the President certify that no sample
collected in the United States pursuant to the
Convention will be transferred for analysis to any
laboratory outside the territory of the United States.
(2) Congress enacted the same condition into law as
section 304(f)(1) of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6724(f)(1)).
(3) Part II, paragraph 57, of the Verification
Annex of the Convention requires that all samples
requiring off-site analysis under the Convention shall
be analyzed by at least two laboratories that have been
designated as capable of conducting such testing by the
OPCW.
(4) The only United States laboratory currently
designated by the OPCW is the United States Army
Edgewood Forensic Science Laboratory.
(5) In order to comply with the Chemical Weapons
Convention, the certification submitted pursuant to
condition (18) of the resolution of ratification of the
Chemical Weapons Convention, and the requirements of
section 304(f)(1) of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6724(f)(1)), the
United States must possess, at a minimum, a second
OPCW-designated laboratory.
(6) The possession of a second OPCW-designated
laboratory is necessary in view of the potential for a
challenge inspection to be initiated against the United
States by a foreign nation.
(7) The possession of a third OPCW-designated
laboratory would enable the OPCW to implement its
normal sample analysis procedures, which randomly
assign real and manufactured samples so that no
laboratory knows the origin of a given sample.
(8) To qualify as a designated laboratory, a
laboratory must be certified under ISO Guide 25 or
a higher standard and complete three proficiency tests.
The laboratory must have the full capability to handle
substances listed on Schedule 1 of the Annex on Schedules
of Chemicals of the Chemical Weapons Convention. In order
to handle such substances in the United States, a
laboratory also must operate under a bailment agreement
with the United States Army.
(9) Several existing United States commercial
laboratories have approved quality control systems,
already possess bailment agreements with the United
States Army, and have the capabilities necessary to
obtain OPCW designation.
(10) In order to bolster the legitimacy of United
States analysis of samples taken on its national
territory, it is preferable that one designated
laboratory not be a United States Government facility.
(b) Establishment of Non-Governmental Designated
Laboratory.--
(1) Report.--Not later than March 1, 2003, the
United States National Authority, as designated under
section 101 of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6711) (referred
to in this section as the ``National Authority''),
shall submit to the appropriate congressional
committees a report detailing a plan for securing OPCW
designation of a nongovernmental United States
laboratory by December 1, 2004.
(2) Directive.--Not later than June 1, 2003, the
National Authority shall select, through competitive
procedures, a nongovernmental laboratory within the
United States to pursue designation by the OPCW.
(3) Delegation.--The National Authority may
delegate the authority and administrative
responsibility for carrying out paragraph (2) to one or
more of the heads of the agencies described in section
101(b)(2) of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6711(b)(2)).
(c) Definitions.--In this section:
(1) Chemical weapons convention or convention.--The
term ``Chemical Weapons Convention'' or ``Convention''
means the Convention on the Prohibition of Development,
Production, Stockpiling and Use of Chemical Weapons and
on Their Destruction, Opened for Signature and Signed
by the United States at Paris on January 13, 1993,
including the following protocols and memorandum of
understanding:
(A) The Annex on Chemicals.
(B) The Annex on Implementation and
Verification.
(C) The Annex on the Protection of
Confidential Information.
(D) The Resolution Establishing the
Preparatory Commission for the Organization for
the Prohibition of Chemical Weapons.
(E) The Text on the Establishment of a
Preparatory Commission.
(2) OPCW.--The term ``OPCW'' means the Organization
for the Prohibition of Chemical Weapons established
under the Convention.
TITLE XVII--AUTHORITY TO TRANSFER NAVAL VESSELS
SEC. 1701. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Transfers by Grant.--The President is authorized to
transfer vessels to foreign countries on a grant basis under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j) as follows:
(1) Poland.--To the Government of Poland, the
OLIVER HAZARD PERRY class guided missile frigate
WADSWORTH (FFG 9).
(2) Turkey.--To the Government of Turkey, the KNOX
class frigates CAPODANNO (FF 1093), THOMAS C. HART (FF
1092), DONALD B. BEARY (FF 1085), McCANDLESS (FF 1084),
REASONER (FF 1063), and BOWEN (FF 1079).
(b) Transfers by Sale.--The President is authorized to
transfer vessels to foreign governments and foreign
governmental entities on a sale basis under section 21 of the
Arms Export Control Act (22 U.S.C. 2761) as follows:
(1) Mexico.--To the Government of Mexico, the
NEWPORT class tank landing ship FREDERICK (LST 1184).
(2) Taiwan.--To the Taipei Economic and Cultural
Representative Office in the United States (which is
the Taiwan instrumentality designated pursuant to
section 10(a) of the Taiwan Relations Act), the KIDD
class guided missile destroyers KIDD (DDG 993),
CALLAGHAN (DDG 994), SCOTT (DDG 995), and CHANDLER (DDG
996).
(3) Turkey.--To the Government of Turkey, the
OLIVER HAZARD PERRY class guided missile frigates
ESTOCIN (FFG 15) and SAMUEL ELIOT MORISON (FFG 13).
(c) Grants Not Counted in Annual Total of Transferred
Excess Defense Articles.--The value of a vessel transferred to
another country on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22U.S.C. 2321j) pursuant to
authority provided by subsection (a) shall not be counted for the
purposes of subsection (g) of that section in the aggregate value of
excess defense articles transferred to countries under that section in
any fiscal year.
(d) Costs of Transfers on Grant Basis.--Any expense
incurred by the United States in connection with a transfer
authorized by this section shall be charged to the recipient
(notwithstanding section 516(e)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(e)(1))) in the case of a transfer
authorized to be made on a grant basis under subsection (a).
(e) Waiver Authority.--For a vessel transferred on a grant
basis pursuant to authority provided by subsection (a)(2), the
President may waive reimbursement of charges for the lease of
that vessel under section 61(a) of the Arms Export Control Act
(22 U.S.C. 2796(a)) for a period of one year before the date of
the transfer of that vessel.
(f) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the President shall require,
as a condition of the transfer of a vessel under this section,
that the country to which the vessel is transferred have such
repair or refurbishment of the vessel as is needed, before the
vessel joins the naval forces of that country, performed at a
shipyard located in the United States, including a United
States Navy shipyard.
(g) Expiration of Authority.--The authority to transfer a
vessel under this section shall expire at the end of the two-
year period beginning on the date of the enactment of this Act.
And the Senate agree to the same.
Amend the title so as to read: ``An Act to authorize
appropriations for the Department of State for fiscal year
2003, to authorize appropriations under the Arms Export Control
Act and the Foreign Assistance Act of 1961 for security
assistance for fiscal year 2003, and for other purposes.''.
And the Senate agree to the same.
From the Committee on International Relations,
for consideration of the House bill and the
Senate amendment, and modifications committed
to conference:
Henry Hyde,
Christopher H. Smith,
Tom Lantos,
Howard L. Berman,
Ileana Ros-Lehtinen,
From the Committee on the Judiciary for
consideration of sections 234, 236, 709, 710,
and 844 and section 404 of the Senate
amendment, and modifications committed to
conference:
F. James Sensenbrenner,
John Conyers, Jr.,
Managers on the Part of the House.
Joe Biden,
Paul S. Sarbanes,
Chris Dodd,
John F. Kerry,
Jesse Helms,
Dick Lugar,
Chuck Hagel,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 1646) to
authorize appropriations for the Department of State for fiscal
years 2002 and 2003, and for other purposes, submit the
following joint statement in the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report:
Foreign Relations Authorization Act for Fiscal Year 2003
Title I--Authorization of Appropriations
Sec. 111. Administration of Foreign Affairs
This section authorizes appropriations under the heading
``Administration of Foreign Affairs'' for fiscal year 2003.
This section authorizes a total of $4,970,890,000 for fiscal
year 2003.
Sec. 111(a)(1) Diplomatic and Consular Programs. This
section authorizes $4,030,023,000 for fiscal year 2003. Of the
amounts authorized by this section $564,000,000 is for
worldwide security upgrades; $20,000,000 is for the Bureau of
Democracy, Human Rights and Labor; and $2,000,000 is for
recruitment of minority groups.
Sec. 111(a)(2) authorizes $200,000,000 for fiscal year
2003 for the Capital Investment Fund.
Sec. 111(a)(3) authorizes $555,000,000 for fiscal year
2003 for Embassy Security, Construction and Maintenance. These
funds are in addition to funds authorized to be appropriated
for this purpose by section 604 of the Admiral James W. Nance
and Meg Donovan Foreign Relations Authorization Act FY 2000 and
2001.
Sec. 111(a)(4) authorizes $9,000,000 for fiscal year 2003
for Representation Allowances.
Sec. 111(a)(5) authorizes $11,000,000 for fiscal year
2003 for Protection of Foreign Missions and Officials.
Sec. 111(a)(6) authorizes $15,000,000 for fiscal year
2003 for Emergencies in the Diplomatic and Consular Service.
Sec. 111(a)(7) authorizes $1,250,000 in fiscal year 2003
for Repatriation Loans.
Sec. 111(a)(8) authorizes $18,817,000 for fiscal year
2003 for Payment to the American Institute in Taiwan.
Sec. 111(a)(9) authorizes $30,800,000 for fiscal year
2003 for the Office of the Inspector General.
Subsection (b) provides that funds authorized by
subsection (a)(5) are authorized to remain available until
September 30, 2004.
Sec. 112. United States educational, cultural, and public diplomacy
programs
This section authorizes appropriations totaling
$260,000,000 for fiscal year 2003 for Fulbright and other
educational and cultural exchange programs.
Sec. 112(1)(A) authorizes $135,000,000 for Fulbright
Academic Exchange Programs. Of the amounts authorized,
$5,000,000 is authorized for the Vietnam Fulbright Academic
Exchange Program. Also of the amounts authorized, $1,000,000 is
for the New Century Scholars Initiative--HIV/AIDS.
Sec. 112(1)(B) authorizes $125,000,000 for fiscal year
2003 for other educational and cultural exchange programs. Of
the amounts authorized, $500,000 is for Tibetan Exchanges,
$500,000 is for East Timorese Scholarships, $500,000 is for
Montenegro Parliamentary Development, $750,000 is for South
Pacific Exchanges, $750,000 is for the Israel-Arab Peace
Partners Program and, $500,000 is for Sudanese scholarships.
Sec. 112(2) National Endowment for Democracy
Authorizes $42,000,000 for fiscal year 2003 for the
National Endowment for Democracy. Of the amounts authorized,
$1,000,000 is available for Reagan-Fascell Democracy Fellows.
Sec. 112(3) East-West Center
Authorizes $15,000,000 for fiscal year 2003 for the East-
West Center.
Sec. 112(4) North-South Center
Authorizes $2,500,000 for fiscal year 2003 for the North-
South Center.
Sec. 113. Contributions to international organizations
Sec. 113(a) authorizes $891,378,000 for fiscal year 2003
for assessed contributions to international organizations.
Sec. 113(b) authorizes $725,981,000 for fiscal year 2003
for assessed contributions to international peacekeeping.
Sec. 113(c), (d), (e). These sections include
restrictions or limits on UN funding for framework treaties,
technical provisions regarding foreign currency exchange rates,
and refunds of excess contributions to international
organizations which have been carried in previous Acts.
Sec. 114. International commissions
Authorizes $66,385,000 for fiscal year 2003 for U.S.
contributions to the International Boundary and Water
Commission, United States and Mexico; the International
Boundary Commission, United States and Canada; the
International Joint Commission; and the International Fisheries
Commission. These funds enable the United States to meet its
obligations as a participant in international commissions
including those dealing with American boundaries and related
matters with Canada and Mexico and international fisheries
commissions.
Sec. 115. Migration and Refugee Assistance
Authorizes $820,000,000 for fiscal year 2003 for
Migration and Refugee Assistance. This section enables the
Secretary of State to provide assistance and make contributions
formigrants and refugees, including contributions to
international organizations such as the United Nations High
Commissioner for Refugees and the International Committee for the Red
Cross, and through private volunteer agencies, governments, and
bilateral assistance, as authorized by law.
This section also includes subauthorizations for Tibetan
refugees in India and Nepal, refugees resettling in Israel, and
humanitarian assistance for displaced Burmese.
Sec. 116. Grants to the Asia Foundation
Authorizes $15,000,000 for fiscal year 2003 for grants to
the Asia Foundation.
Mobile library. The Managers take note of the actions
taken by the U.S. Interests Section in Havana, Cuba to use a
portion of the funds allocated for outreach to independent
organizations inside the island and expansion of independent
libraries, to establish a mobile library that will ensure
broader distribution of approved materials to pro-democracy
forces throughout the island.
SUBTITLE B--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
Sec. 121. Authorization of appropriations
Sec. 121(a)(1) authorizes $485,823,000 for fiscal year
2003 for international broadcasting operations. Of the amounts
authorized, $35,000,000 is authorized for Radio Free Asia.
Sec. 121(2) authorizes $13,740,000 for fiscal year 2003
for Broadcasting Capital Improvements.
Sec. 121(3) authorizes $25,923,000 for fiscal year 2003
for Broadcasting to Cuba.
Sec. 121(b) continues authorization for broadcasting to
the PRC and neighboring countries.
Sec. 121(c) authorizes an additional $20,000,000 for
fiscal year 2003 for the Middle East Radio Network of Voice of
America.
Mobile library. The Managers take note of the actions
taken by the U.S. Interests Section in Havana, Cuba to use a
portion of the funds allocated for outreach to independent
organizations inside the island and expansion of independent
libraries, to establish a mobile library that will ensure
broader distribution of approved materials to pro-democracy
forces throughout the island.
Title II--Department of State Authorities and Activities
Sec. 201. Emergency evacuation services
Under current law, the State Department has authority to
use appropriated funds to evacuate private U.S. citizens (and
accompanying dependents or guardians), as well as third-country
nationals, when their lives are endangered by war, civil
unrest, or natural disaster. This section clarifies the
Department's authority to retain reimbursements for emergency
evacuation services from private U.S. citizens and third-
country nationals.
Sec. 202. Special agent authorities
This section makes three changes to the authorities of
Diplomatic Security (DS) Agents. First, paragraph (1) gives
such agents authority to obtain and execute search and arrest
warrants as well as obtain and serve subpoenas and summonses
issued under the authority of the United States. Under current
law, agents may exercise these authorities only for offenses
involving passport and visa cases. This limitation may handicap
agents, for example, who are carrying out their protective
functions in a situation in which an individual wanted on a
federal warrant poses a threat to the protected person. The
broader authority provided in this section is similar to
authority possessed by numerous law enforcement agents
throughout the federal government. Paragraph (2) makes a
technical correction to section 37(a) of the State Department
Basic Authorities Act to make clear that a Secretary of State
named by a ``President-elect'' is entitled to protection by
Diplomatic Security agents. Paragraph (3) gives DS agents the
authority to make arrests without warrant for any federal
offense committed in their presence, or for any felony
cognizable under the law of the United States if the agents
have reasonable grounds to believe that the person has
committed or is committing such felony. Under current law,
agents may exercise this authority in limited circumstances. As
with paragraph (1), this provision gives DS agents the same
authority granted to numerous other federal law enforcement
agents.
Subsection (b) provides that the exercise of certain
authorities contained in section 37(a) of the State Department
Basic Authorities Act shall be subject to an agreement with the
Attorney General, the Secretary of State, and the Secretary of
the Treasury.
Subsection (c) provides that the authorities in paragraph
2 and 5 of such subsection may not be exercised until the
Secretary of State submits the agreement described above to the
appropriate committees and publishes a notice in the Federal
Register.
Sec. 203. International Litigation Fund
This section allows the State Department to be reimbursed
for costs associated with representing American citizens or
companies in international claims. The section would allow the
Department to deduct and retain 1.5% of payments of at least
$100,000 up to $5 million, and 1% of payments above $5 million
received by the Department from foreign governments or foreign
entities as a result of the Department's pursuit of claims on
behalf of U.S. citizens or others. The funds so retained would
be placed into the International Litigation Fund, which was
established by Congress in 1994 to provide a dependable and
flexible source of funds for expenses relating to preparing or
prosecuting a proceeding before an international tribunal, or a
claim by or against a foreign government or other foreign
entity. The Fund has no dedicated source of money; rather, it
is dependent on voluntary contributions, transfers from other
agencies, or reprogrammings. Similar deductions are taken from
Iran-U.S. Claims Tribunal awards of the Foreign Claims
Settlement Commission.
Sec. 204. State Department records of overseas deaths of U.S. citizens
from unnatural causes
This section requires the Secretary of State to collect
certain information regarding the deaths of U.S. citizens when
those deaths result from non-natural causes. This information
will be maintained in a data base on a country-by-country basis
and will be available to the public.
This section is intended to provide specific information
to potential travelers about deaths of American citizens
overseas when those deaths result from non-natural causes. The
currentConsular Information Sheets tend to warn of generalized
dangers, such as ``Several tourists have been killed or injured in jet-
ski accidents, particularly when participating in group tours.'' The
information provided must be specific enough to alert the U.S. public
to potential dangers to enable the reader to make an informed decision.
The Managers intend that this section will be applied in a manner
consistent with the Privacy Act. The section requires that the
information be gathered to the ``maximum extent practicable.'' This
should be read as a rule of reason. Consular officials should gather
information from reports presented directly to them, from media
reports, and from other sources. They are not required, for the
purposes of this section, to engage in exhaustive investigations.
Sec. 205. Foreign relations historical series
This provision makes two amendments to increase reporting
to Congress on the implementation of Title IV of the State
Department Basic Authorities Act, relating to the Foreign
Relations of the United States Historical Series. In 1991,
Congress enacted Title IV out of concern for the timeliness and
historical accuracy of the series, and mandated that it be a
``thorough, accurate and reliable documentary record of major
U.S. foreign policy decisions and significant U.S. diplomatic
activity.'' Title IV requires, among other things, that the
Secretary ensure that volumes in the series be published not
more than 30 years after the events recorded. A decade after
the law was enacted, the Department remains out of compliance
with this provision. These reporting requirements will
facilitate oversight by Congress of implementation of Title IV.
Sec. 206. Expansion of eligibility for award of certain construction
contracts
This section would amend eligibility limitations for
award of certain contracts for construction, alteration, or
repair of State Department buildings and grounds abroad.
Currently, bidder qualifications are determined on the basis of
nationality of ownership, evidence that the bidder has
performed similar construction work in the United States, and
other criteria. The amendment would modify the ``similar
construction work'' criterion to include work performed at a
U.S. diplomatic or consular establishment abroad, thus
enlarging the pool of potentially qualified bidders.
Sec. 207. International Chancery Center
This section amends section 1 of the International Center
Act to establish an account in the Treasury into which advances
from foreign governments and international organizations may be
deposited and whose proceeds may be invested in public debt
obligations. Currently, such advances are held in a public bank
account.
Sec. 208. Travel to Great Lakes fisheries meetings
This section makes a change to the Great Lakes Fishery
Act of 1956 to increase from 5 to 10 the number of government
officials permitted to travel to the annual meeting. This
section is needed to reflect a change in the meeting structure
for the Great Lakes Fisheries Commission (GLFC), which promotes
environmental protection and economic development among the
Great Lakes member states and Canada. When section 4 of the
Great Lakes Fisheries Act of 1956 was originally enacted, the
GLFC held two annual meetings per year with five members of the
Great Lakes Fisheries Advisory Committee attending each
meeting. The GLFC now holds only one annual meeting. This
provision will permit the State Department to fund the travel
of up to 10 members of the advisory committee to the one annual
meeting.
Sec. 209. Correction of Fishermen's Protective Act of 1967
This section makes a technical correction to section 7 of
the Fishermen's Protective Act of 1967 (P.L. 83-680), which was
enacted to deter foreign governments from seizing U.S.
commercial fishing vessels based on claims to a fisheries
jurisdiction not recognized by the United States. One of the
State Department's primary responsibilities under the Act is to
administer funds from which reimbursement could be sought by
U.S. vessel owners. Recent amendments erroneously transferred
certain responsibilities from the Secretary of the Interior to
the Secretary of Commerce, rather than to the Secretary of
State.
Sec. 210. Use of funds received by International Boundary and Water
Commission
This provision permits the U.S. Section of the
International Boundary and Water Commission to receive
reimbursements from the North American Development Bank and the
Border Environment Cooperation Committee.
Sec. 211. Fee collections relating to intercountry adoptions and
affidavits of support
This section amends Section 403 of the Intercountry
Adoption Act of 2000 and Section 232 of the Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001. These amendments
permit the expenditure of funds collected by the Department
under those statutory provisions.
Sec. 212. Annual reports on compliance with the Hague Convention on the
civil aspects of international child abduction
This section makes permanent the reporting requirement
enacted in Section 2803(a) of the Foreign Affairs Reform and
Restructuring Act of 1998 pertaining to compliance with the
Hague Convention on the Civil Aspects of International Child
Abduction.
The Managers are alarmed by the State Department's
continuing lack of success in serious child abduction cases
involving Germany, Sweden and many other countries. Success
should be determined by whether the reunion of left-behind
parent and abducted child has occurred. Establishment of child
abduction commissions, study groups and other bodies are no
substitute for reunions.
The State Department's performance in assisting Americans
whose children have been wrongfully taken or retained abroad is
hampered by the lack of involvement and personal diplomacy by
chiefs of mission. It is also hampered by relegation of
consular issues to a second tier of importance by Department
and embassy Managers. This must change.
The Managers expect that the annual report will address
the primary issue as to whether a parent-child reunion occurred
as a separate and distinct matter from the issue of whether the
case has been resolved. The Managers also expect that the State
Department's child abduction report will be made available on
the State Department's web page. The report should also be
disseminated to all state and local governments, to ensure that
child abduction issues are takeninto account by these
authorities as appropriate.
The Managers considered amending the child abduction
reporting requirement in order to address concerns raised
regarding previous reports. However, the Managers decided to
simply extend the requirement for a report indefinitely, with
the expectation that the State Department will respond to the
concerns stated above.
Sec. 213. Repeal of provision regarding housing for foreign
agricultural attache
This section repeals Section 738 of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (P.L. 106-387) limiting the
authority of the State Department to sell overseas property.
Sec. 214. United States policy with respect to Jerusalem as the capital
of Israel
This section contains four provisions related to the
recognition of Jerusalem as Israel's capital. It urges the
President to immediately begin the process of relocating the
U.S. Embassy in Israel to Jerusalem. It bars the use of funds
for the operation of the U.S. consulate in Jerusalem unless the
consulate is under the supervision of the U.S. Ambassador to
Israel. It denies funds for the publication of official U.S.
government documents listing capital cities unless they
identify Jerusalem as the capital of Israel. Finally, it allows
U.S. citizens born in Jerusalem to have Israel listed, upon
request, as their place of birth on passports.
Sec. 215. Report concerning efforts to promote Israel's diplomatic
relations with other countries
This section requires the Secretary of State to submit a
report concerning United States efforts to promote Israel's
diplomatic relations with other countries. The report is
required not later than 60 days after the date of the enactment
of this Act.
Sec. 216. Continuation of reporting requirements
This section continues reports initially enacted in 1998
relating to Saudi claims, the implementation of the LIBERTAD
Act, and deaths of Americans by terrorist activities.
SUBTITLE B--EDUCATIONAL, CULTURAL, AND PUBLIC DIPLOMACY AUTHORITIES
Sec. 221. Fulbright-Hays authorities
This provision amends subsection 112(d) of the Mutual
Educational and Cultural Exchange Act of 1961, as amended
(``Fulbright-Hays Act''), to clarify that the Bureau of
Educational and Cultural Affairs may administer programs
authorized by several other Acts to the extent such programs
are consistent with the purposes of the Fulbright-Hays Act.
Sec. 222. Extension of requirement for scholarships for Tibetans and
Burmese
This section extends the authorization for the exchange
and scholarship programs for Tibetan and Burmese exiles
(contained in Public Law 104-319) through fiscal year 2003.
Sec. 223. Plan related to public diplomacy activities
This section requires the Secretary of State to submit a
plan for integrating public diplomacy policy into overall
policy formulation and implementation, for improving
coordination and communication between public diplomacy
officers and the State Department's regional bureaus, and
between public diplomacy officers and the Under Secretary of
State for Public Diplomacy. At present, public diplomacy
considerations are not always adequately addressed in the
formulation and implementation of policy, policy coordination
is minimal, and public diplomacy officers lack direct channels
of communication to the Assistant Secretaries in the regional
bureaus or to the Under Secretary for Public Diplomacy.
Sec. 224. Advisory Committee on Cultural Diplomacy
This section establishes, on a temporary basis, an
advisory committee on cultural diplomacy to assist the
Undersecretary for Public Diplomacy and the Assistant Secretary
for Educational and Cultural Affairs in devising initiatives to
expand such programming and increase the use of public-private
partnerships to fund such programming. The conference committee
believes that expansion of cultural diplomacy--the presentation
of creative, visual and performing arts abroad--could have
significant benefits to U.S. diplomacy. Unfortunately, direct
funding for such programs has declined considerably in recent
years. Under Section 105(f) of the Fulbright-Hays Act, the
Department has authority to accept funds from the private
sector for such activities. The Managers urge the Department
and the Advisory Committee to explore ways of increasing
private sector support for such programming. The Managers urge
the Secretary to consider candidates nominated by organizations
such as the National Assembly of State Art Agencies, the
Association of Performing Arts Presenters, and Americans for
the Arts.
Sec. 225. Allocation of funds for ``American Corners'' in the Russian
Federation
This section authorizes $500,000 for fiscal year 2003 for
``American Corners'' centers in host libraries in the Russian
Federation. A number of such centers already exist. The
Managers believe that the inclusion of information about United
States history, government, culture and values in Russian
libraries and access to computers and the Internet in these
centers will enhance U.S. programs of assistance and increase
Russian citizens' awareness about the United States.
Sec. 226. Report relating to Commission on Security and Cooperation in
Europe
This section rewrites and updates a current reporting
requirement of the Department of State to the Commission on
Security and Cooperation in Europe, a joint Executive-
Congressional commission.
Sec. 227. Amendments to the Vietnam Education Foundation Act of 2000
This section makes technical amendments to the Vietnam
Education Foundation Act of 2000, including clarification of
the duties of the Foundation's Board of Directors and the
status and tenure of its members.
Sec. 228. Ethical issues in international health
This section requires the Secretary to fund exchanges to
provide opportunities to researchers in developing countries to
participate in activities related to ethical issues in
humansubject research, as described in subsection (c). Subsection (b)
requires the Secretary to coordinate such programs that may be
conducted by USAID and other federal agencies. The Managers intend that
these exchanges will help develop expertise in countries where
pharmaceutical companies conduct human and other trials so that the
developing country has the ability to evaluate the design of such
trials.
Sec. 229. Conforming amendments
This section contains several technical and conforming
amendments which were overlooked in recent Foreign Relations
Authorization Acts.
SUBTITLE C--CONSULAR AUTHORITIES
231. Report on visa issuance to inadmissable aliens
Under current law, the Department of State reports to
Congress periodically about non-immigrant visa applications
which are refused because the applicant is ineligible under
section 212(a)(3) of the Immigration and Nationality Act,
relating to security and other grounds. This section adds a
requirement that the Department report twice a year on visas
issued pursuant to waivers of ineligibility under Section
212(a)(3), including so-called ``silent'' waivers. As with the
current report under Section 51(a) of the Basic Authorities
Act, this report may be submitted in classified form.
Sec. 232. Denial of entry into United States of Chinese and other
nationals engaged in coerced organ or bodily tissue
transplantation
This section prohibits the issuance of a U.S. visa and
the entry into the United States to any person who has been
directly involved with the coercive transplantation of human
organs or bodily tissue unless there are substantial grounds
for believing that this individual has discontinued his or her
involvement with, and support for, such practices. The visa
denial must be based upon ``credible and specific
information.'' The prohibition does not apply to a head of
state, head of government, or cabinet-level minister. The
provision may be waived by the Secretary of State when it is in
the national interest to do so. The Managers are concerned
about continued reports of involuntary organ harvesting in
nations such as the People's Republic of China. A recent study
by the Laogai Research Foundation suggests that a number of
Chinese doctors who have received specialized medical training
in the United States may have been involved in the practice of
harvesting organs from executed prisoners without permission
from the potential donors or their families.
Sec. 233. Processing of visa applications
This section states that (1) it shall be the policy of
the State Department to process visa applications of immediate
relatives and fiances of U.S. citizens within 30 days of
receiving all necessary documents; and (2) it should be the
policy of the Department to process applications sponsored by
someone other than an immediate relative within 60 days.
Sec. 234. Machine readable visas
This section provides a cap on the use of funds collected
by the State Department for machine readable visas for fiscal
year 2003. Funds exceeding $460 million may only be used
subject to reprogramming.
SUBTITLE D--MIGRATION AND REFUGEES
Sec. 241. Prohibition on funding the involuntary return of refugees
Subsection 241(a) makes permanent a provision of current
law contained in previous Foreign Relations Authorization Acts
prohibiting the use of funds appropriated to the State
Department for the involuntary return of refugees to countries
in which they have a well-founded fear of persecution, except
on grounds recognized as precluding refugee protection under
the 1951 Convention and 1967 Protocol. The provision does not
prohibit funding for the return of persons who had been found
to be non-refugees by a process genuinely calculated to
identify and protect refugees.
Subsection 241(b) requires that notice be given to the
appropriate congressional committees prior to use of funds
appropriated to the State Department for the involuntary return
of any person. The subsection provides a limited exception in
cases where prior notice is impracticable due to an emergency
involving a threat to human life. The notice provision provides
an opportunity for congressional oversight to ensure that the
prohibition on funding the return of refugees is strictly
observed. The managers recognize that activities described in
this section may require expedition and that the notice
required by this section may therefore be provided in whatever
way is most appropriate under the circumstances. The notice
required by this section may be written or oral, may be
provided whether or not Congress is in session, and in
appropriate cases may be provided in classified form. The
notice provision does not require the Department to delay any
return pending congressional approval or review.
Subsection(c) makes clear that the provisions of this
section do not apply to the return of persons pursuant to
removal proceedings under the Immigration and Nationality Act
or to extradition proceedings, because the law governing these
activities provides adequate protections for persons subject to
these proceedings, including an opportunity to be heard on any
claim that he or she would face persecution upon return.
Subsection (d) defines ``effect the involuntary return''
as requiring by means of physical force or circumstances
amounting to a threat thereof a person to return to a country
against his or her will, regardless of whether the person is
present in the U.S. and regardless of whether the U.S. acts
directly or through an agent. The language ``regardless of
whether the United States acts directly or through an agent''
applies to situations in which the United States contracts
with, makes arrangements with, or funds another government or
an organization to carry out a project or activity on its
behalf. The Managers do not intend it to apply to situations in
which the United States contributes funds to another government
or an organization as part of a general or special appeal or
program and in which United States funds will be commingled
with those of other contributors.
This provision applies only to funds appropriated to the
Department including the Diplomatic and Consular Programs
account and the International Narcotics Control and Law
Enforcement account. It does not apply to any funds transferred
to the Department from otherfederal agencies. However, the
Managers expect that the Department will notify the appropriate
congressional committees as soon as practicable of any case in which
the Department uses transferred funds to effect involuntary returns, so
that the committees may decide whether further legislation is
necessary.
Sec. 242. U.S. membership in the International Organization for
Migration
This section provides Congressional approval of certain
amendments to the constitution of the International
Organization for Migration (IOM). These amendments were adopted
in 1998 by the IOM governing body, of which the United States
is a member. The proposed amendments to the IOM constitution
concern four issues of internal IOM governance.
Sec. 243. Report on overseas refugee processing
This section requires a report on overseas processing of
refugees for admission to the United States. In particular, the
report should assess the needs of refugees who do not currently
have access to U.S. resettlement programs, despite the dramatic
decline in U.S. refugee admissions over the last decade. With
respect to refugee groups and profiles that should be carefully
considered in connection with the preparation of this report,
the Managers adopt by reference the explanatory material for
section 252 in the House International Relations Committee
report (107-57) on H.R. 1646.
Title III--Organization and Personnel of the Department of State
SUBTITLE A--ORGANIZATIONAL MATTERS
Sec. 301. Comprehensive workforce plan
This section requires the State Department to submit to
Congress a comprehensive workforce plan within 6 months of the
date of enactment. It also requires that the Department develop
within 1 year of the date of enactment a domestic staffing
model to assist in determining workforce needs in future years.
The Managers are concerned that the Department has failed to
devote sufficient attention to workforce planning. In
particular, the Managers are dismayed at the Department's
apparent inability to match staffing requirements to meet the
policy needs of overseas posts and stateside offices. This
requires dramatically improved coordination between the post
mission plans, the regional bureaus policy priorities, and the
Bureau of Personnel.
Sec. 302. ``Rightsizing'' overseas posts
This section requires the Department to establish both an
internal and an interagency task force to review issues of
overseas staffing presence. This follows through on numerous
reports, including that of the Overseas Presence Advisory
Panel, that details the need to ``right size'' overseas posts--
i.e., staffing the post to the mission. Reports on the progress
of each of these task forces are required.
Sec. 303. Qualifications of certain officers of the Department of State
This section amends Section 1 of the State Department
Basic Authorities Act of 1956 to require the officer with
primary responsibility for international narcotics and law
enforcement, or that officer's principal deputy, to have
substantial professional qualifications in the fields of
management and Federal law enforcement or international
narcotics policy.
SUBTITLE B--PERSONNEL MATTERS
Sec. 311. Thomas Jefferson Star for Foreign Service
In 1999, Congress created the ``Foreign Service Star'' to
honor U.S. government employees killed or wounded in the line
of duty overseas. This provision amends the name of the award
to ``Thomas Jefferson Star for Foreign Service.'' The change
was requested by the State Department. The award is authorized
for all personnel serving at overseas missions.
Sec. 312. Presidential Rank Awards
This provision amends the Foreign Service Act of 1980 in
order to restore parity between Senior Foreign Service and
Senior Executive Service Presidential Awards. This parity was
lost upon enactment of a provision in the FY 1999 Treasury and
General Government Appropriations Act which altered the system
for awards to senior executives in the civil service, but
neglected to make a similar change for Senior Foreign Service
Officers.
Sec. 313. Foreign Service National Savings Fund
This section amends Section 408 of the Foreign Service
Act to explicitly authorize the Department of the Treasury to
hold foreign national retirement funds and accumulated
interest. Section 408 provides that the employees hired by the
Department and other agencies overseas are compensated based on
prevailing wage rates and compensation practices to the extent
consistent with public interest. In particular, section 408
explicitly provides the authority for such agencies and their
locally engaged staff to make payments to a trust or other fund
in a financial institution in order to finance future benefits
for such staff. The Department believes that having the
Department of Treasury act as a financial institution to hold
the funds contributed by the agencies and their locally engaged
staff (i.e., the funds contributed based on prevailing practice
or the funds voluntarily contributed by the locally engaged
staff) would provide a safe and secure means of ensuring the
overseas staff's retirement needs are adequately met.
Sec. 314. Clarification of separation for cause
This section revises section 610 of the Foreign Service
Act of 1980, related to separation from the Service for cause,
to make the provision more comprehensible. Several recent
amendments to Section 610 have necessitated this change. This
section is not intended to make substantive changes to Section
610.
Sec. 315. Dependents on family visitation travel
This section provides Foreign Service families who are
separated because of an assignment to an unaccompanied post
greater flexibility in arranging authorized family visits.
Currently only the Foreign Service Officer may travel to visit
family within a certain dollar limitation. This provision would
allow for other family members to be authorized to travel in
order to meet on authorized family visits at locations other
than their home leave addresses.
Sec. 316. Health education and disease prevention programs
This section amends Section 904(b) of the Foreign Service
Act of 1980 in order that the Department may better allow its
medical professionals to provide counseling and educational
materials to foreign national employees of U.S. missions
concerning diseases to which they are exposed but that may not
be attributable to the workplace. The Office of Medical
Services currently provides on-the-job illness and injury
services for locally-engaged staff. This provision permits the
Department to provide health information and counseling. This
is not intended to include any activities contrary to U.S.
government policy on family planning.
Sec. 317. Correction of time limitations for grievance filing
This section amends section 1104(a) of the Foreign
Service Act of 1980 to correct a drafting error made in the
most recent Foreign Relations Authorization Act (P.L. 106-113).
This is a technical correction. The literal requirement of the
1999 amendment--that a grievance involving a supervisor be
filed ``in no case less than two years after the occurrence
giving rise to the grievance''--imposes a waiting period,
contrary to the intent of Congress.
Sec. 318. Training authorities
This section would make permanent a pilot program
authorized in 1998 at the Foreign Service Institute (FSI) which
permitted the FSI to provide, on a reimbursable or advance-of-
funds basis, appropriate training and related services to
employees of U.S. companies which do business abroad, and to
family members of such employees, when such training is in the
national interest. The pilot program also authorized training,
on a reimbursable basis, to Members of Congress or the
Judiciary and employees of the legislative and judicial
branches. This section requires a report every other year, so
Congress can monitor the situation and ensure that such
training is not interfering with the primary mission of the
FSI.
Sec. 319. Unaccompanied air baggage
This section relates to unaccompanied air baggage of
dependent personnel. Under current law, dependent children (of
government personnel) on educational travel are allowed to ship
up to 250 pounds of baggage between the United States and the
employee's post. The law, however, does not cover any storage
of effects. Thus, students often spend much of the summer
without their baggage because it is in transit either to or
from the post. The provision would allow dependent children who
attend school in the United States the option of either leaving
their belongings in short-term commercial storage in the United
States, if there is no additional cost, instead of shipping
their baggage to post. Local storage is a common-sense
alternative.
Sec. 320. Emergency medical advance payments
In 1999, Congress provided agencies the authority to
advance up to three months' pay to an employee assigned or
located outside of the United States on government
authorization (i.e., on temporary duty), when the employee or
family member must undergo certain medical treatments abroad.
Such authority is extended to foreign national employees and
non-family member United States citizen employees hired abroad
when such individuals need medical care while they are located
outside their country of employment on U.S. Government
authorization.
Sec. 321. Retirement credit for certain government service preformed
abroad
Because of changes made in 1986 to federal retirement
law, individuals who worked for the Department of State in U.S.
missions abroad under part-time, intermittent or temporary
(``PIT'') appointments after January 1, 1989, were not eligible
to pay into a federal retirement system for that service, or
receive credit for that service, in order to improve their
future retirement situations. The Department of State amended
its regulations in 1998 to cover PIT appointees. The amendment
created an inequity for PIT appointees who were employed
between 1989 and 1998, since that employment time could not be
``purchased'' or credited toward any federal retirement system.
This section is intended to remedy this inequity by permitting
individuals with creditable service as PIT appointees between
1989 and 1998 to receive credit and make a deposit into the
Federal Employees Retirement System for all or part of that
period. It also recognizes the value added by PIT appointees,
who are generally the dependents of Foreign Service or U.S.
Armed Forces members, to official operations abroad. The
Managers believe that this remedy addresses a basic inequity,
however unintended, created by various changes to federal
retirement law.
Sec. 322. Computation of Foreign Service retirement annuities as if
locality pay were made to overseas stationed Foreign Service
members
This section addresses a retirement and pay issued
identified by the State Department. At present, ``locality
pay''--which is provided to employees serving in the United
States--is included in the calculation of Foreign Service
retirement. Foreign Service Officers serving overseas do not
receive locality pay. Thus, as they near retirement, they have
a significant financial incentive to seek assignment to
Washington, D.C. This often deprives overseas posts of the more
experienced officers. Under this section, an officer, while
serving overseas, will have his or her annuity calculated as if
he or she were actually receiving locality pay.
Sec. 323. Plan for improving recruitment of veterans into the Foreign
Service
This section requires the Secretary of State to submit a
plan to improve the recruitment of veterans to serve as
candidates for the Foreign Service. The Managers believe that
the United States armed forces provide a largely untapped
recruitment pool of qualified individuals with international
experience, as well as writing, reporting and analytical
skills.
Sec. 324. Report concerning minority employment
This section requires a report on the status of minority
recruitment and promotion efforts in the Department of State
for both the Civil and Foreign Service. It is similar to a
provision adopted in the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999, and adds a requirement for
information regarding recruitment and promotion of the Civil
Service to the preexisting provision.
Sec. 325. Use of funds authorized for minority recruitment
This section requires the Department to provide
additional information on minority recruitment efforts at the
Department. Subsection (a) provides that amounts
specificallyauthorized for minority recruitment under section 111 shall
be used only for activities directly related to minority recruitment.
Salaries of employees involved in recruitment efforts are not to be
counted toward that amount. Subsection (b) provides that the State
Department must expand its recruitment efforts to 25 percent of
Historically Black Colleges and Universities and 25 percent of
Hispanic-serving institutions, as defined by law. Subsection (c)
requires the Secretary to establish a database relating to efforts to
recruit members of minority groups into the Foreign and Civil Service
and to report on the evaluation of efforts to recruit such individuals.
The Managers are concerned that the Department has not made enough
progress in recruiting and promoting members of minority groups to
serve in the Foreign and Civil Service. The Managers incorporate by
reference the description of the provision in the House passed version
of H.R. 1646, section 343, in House Report 107-57.
Sec. 326. Assignments and details of personnel to the American
Institute in Taiwan
This section authorizes the detail of U.S. government
employees to the American Institute in Taiwan (AIT) if the
Secretary determines it is in the national interest to do so.
Former federal employees who work at AIT have sometimes been
disadvantaged by comparison to employees who remain in federal
service without a break in service. The grievance rights of
separated Foreign Service Officers who work at AIT are far more
restricted; former Civil Service employees at AIT cannot apply
for ``State only'' vacancies upon their return; and eligible
family members working at AIT cannot earn credit toward
retirement. This section corrects that situation.
Sec. 327. Annual reports on foreign language competence
This section changes the date related to a report on
foreign language competence. This change converts the report
from a calender year to a fiscal year basis and alters the
required date of submission of the report.
Sec. 328. Travel of children of members of the Foreign Service assigned
abroad
This section amends Section 901 of the Foreign Service
Act to provide a child under 21 with the additional flexibility
regarding authorized travel when the child is separated from
his or her parents.
Title IV--International Organizations
Sec. 401. Payment of the third installment of arrearages
This section amends several conditions that must be
certified pursuant to section 941 in the United Nations Reform
Act of 1999 to pay the third and last installment of arrearages
to the UN and other international organizations under that Act.
This section would ``de-link'' all UN agencies allowing
arrearage payments to each international organization upon
certification of the conditions established for that particular
agency, without linking such payments to the certification of
conditions for other organizations. This section would also
facilitate certification of other ``year three'' conditions.
Sec. 402. Limitation on the U.S. share of assessments for UN
peacekeeping operations in calendar years 2001 through 2004
This section amends section 404(b)(2) of the Foreign
Relations Authorization Act, FY94 and FY95, which places a cap
of 25 percent on the rate of payment by the U.S. of UN
assessments for peacekeeping. This would allow full payment for
those assessments in calendar years 2001 through 2004 at the
following rates: 28.15 percent for calender year 2001; 27.90
percent for calender year 2002 and; 27.40 for calender year
2003 and 2004. This cap of 25 percent would be restored after
2004.
Sec. 403. Limitation on the U.S. share of assessments for UN regular
budget
This provision codifies the 22 percent cap on the U.S.
assessment rate for the UN regular budget--as negotiated by the
then-UN Ambassador Holbrooke in December of 2000. It is
consistent with a condition enacted in the United Nations
Reform Act of 1999.
Sec. 404. Promotion of sound financial practices by the UN
This provision notes that the U.S. pays its dues to the
UN regular budget at least ten months late every year and that
other countries have begun to adopt a similar practice. This
late payment of U.S. dues results in the UN engaging in unsound
budgetary practices. It states the sense of the Congress that
the U.S. should initiate a process to synchronize the payment
of its assessment to the UN, its affiliated agencies and other
international organizations over a multi-year period so the
U.S. can resume paying its dues at the beginning of each
calendar year. It authorizes such sums as may be necessary to
carry out this policy.
Sec. 405. Reports to Congress on UN activities
This section amends the UN Participation Act by
eliminating the requirement to submit quarterly reports on U.S.
participation in UN peacekeeping operations. It preserves the
requirement for an annual report and consolidates requirements
for two annual reports on U.S. financial contributions to
international organizations.
Sec. 406. Use of secret ballots within the UN
This section requires a report regarding the use of
secret ballots within the UN and its specialized agencies. This
report shall also include a determination whether the use of
these ballots serves the interests of the U.S.
Sec. 407. Sense of Congress relating to Membership of the U.S. in
UNESCO
This section expresses the sense of Congress that the
President should, in light of his announcement that the U.S.
will rejoin the United Nations Educational, Scientific, and
Cultural Organization, submit a report describing the merits of
renewing U.S. membership in this organization and projecting
the costs of such membership.
Sec. 408 U.S. membership on the UN Commission on Human Rights and
International Narcotics Control Board
This section urges the U.S. to make every reasonable
effort at the UN to secure a seat forthe U.S. on the U.N.
Commission on Human Rights, and for a U.S. national on the UN
International Narcotics Control Board and to prevent membership on the
Commission by any member state that, in the judgment of the Secretary,
consistently violates internationally recognized human rights or has
engaged in severe violations of religious freedom in that country.
Sec. 409. Plan for enhanced Department of State efforts to place U.S.
nationals in positions of employment in the UN and its
specialized agencies
This section calls for the Secretary of State to submit a
report containing a plan describing the steps the Department
will take to increase American representation in the UN and its
specialized agencies.
Title V--U.S. International Broadcasting Activities
Sec. 501. Modification of limitation on grant amounts to RFE/RL, Inc
This section amends a current limit on grants to RFE/RL,
Inc., raising it from $75 million per year to $85 million in
fiscal year 2003.
Sec. 502. Pay parity for senior executives of RFE/RL, Inc
Under current law, RFE/RL grant funds may not be used to
pay any salary or compensation in excess of the rate level IV
of the Executive Schedule. The Broadcasting Board of Governors
has interpreted this provision as placing a cap on the salaries
of senior Managers of RFE/RL at the rate of pay for Executive
Level IV, exclusive of locality pay. RFE/RL senior executives
are not federal employees and do not receive locality pay under
the Federal Employee Pay Comparability Act of 1990 (which
provides for locality adjustments in certain high-cost areas).
In order to provide pay parity for these senior employees, this
provision would permit up to three senior RFE/RL Managers based
in Washington to receive a salary benefit equivalent to the
comparable Senior Executive Service salary with locality pay.
Sec. 503. Authority to contract for local broadcasting services outside
the United States
This section amends current law relating to authority to
enter into contracts for certain capabilities. Under current
law, the Broadcasting Board of Governors may enter into
contracts for periods not to exceed 7 years for circuit
capacity to distribute radio and television programs. This
section provides authority to enter into contracts for up to 10
years in order to acquire local broadcasting services outside
the United States.
Sec. 504. Personal services contracting pilot program
This section provides the International Broadcasting
Bureau (IBB) with the authority to implement a pilot program to
utilize personal services contracts in the United States. The
authority is capped at 60 employees at any one time.
Sec. 505. Travel by Voice of America correspondents
This section exempts Voice of America (VOA)
correspondents from the security responsibilities of the
Secretary of State under Section 103 of the Diplomatic Security
Act and from the Chief of Mission responsibilities in Section
207 of the Foreign Service Act of 1980. Although VOA
correspondents are on the federal payroll, they are unique in
that they are working journalists. Accordingly, their
independent decisions on when and where to cover the news
should not be governed by other considerations. The Managers
expects that the VOA Director will take appropriate steps to
ensure that VOA correspondents do not take undue risks that
threaten their personal security.
Sec. 506. Reports on broadcasting personnel
This section requires the Broadcasting Board of Governors
to submit a report on its efforts to diversify the workforce at
the International Broadcasting Agency.
Sec. 507. Conforming amendments
This section makes technical and conforming amendments to
the U.S. International Broadcasting Act to correct technical
errors made in previous Foreign Relations Authorization Acts.
Title VI--Miscellaneous Provisions
SUBTITLE A--MIDDLE EAST PEACE COMMITMENTS ACT OF 2002
Sec. 601. Short title
This subtitle is the ``Middle East Peace Commitments Act
of 2002.''
Sec. 602. Findings
This section describes the most basic commitments made by
Palestine Liberation Organization (PLO) in an exchange of
letters between the late Prime Minister Yitzhak Rabin and
Chairman Yasser Arafat on September 13, 1993. These commitments
include resolving outstanding issues through peaceful means,
renouncing terrorism and violence, and assuming responsibility
over all PLO personnel.
Sec. 603. Reports
This section requires the President to make a
determination and to report every six months (initially 60 days
after enactment of the legislation) on whether the PLO and/or
the Palestinian Authority (PA) are abiding by their commitments
as specified in Section 602.
Sec. 604. Imposition of sanctions
This section provides that, if it is determined (in the
Section 603 report) that the PLO and/or the PA are not in
compliance with the commitments specified in Section 602, then
the President is required to impose at least one of four
sanctions for a period of at least six months. The possible
sanctions are: deny U.S. visas to PLO and PA officials,
downgrade the status of the PLO office in Washington to an
information office as existed before the Oslo accords,
designate the PLO or its constituent groups as terrorist
organizations, and cut off non-humanitarian U.S. assistance to
the West Bank and Gaza. The President is allowed to waive the
sanctions requirement upon making a determination that such a
waiver is in the national security interest of the United
States.
SUBTITLE B--TIBET POLICY
This subtitle lays out a comprehensive approach for
American policy toward Tibet. The Committee believes that this
statement of policy is warranted due to the failure of the
Government of the People's Republic of China to preserve the
distinct ethnic, cultural and religious identity of the Tibetan
people and to enter into a dialog with the Dalai Lama or his
representatives to reach a negotiated agreement on Tibet.
Sec. 611. Short title
This section entitles this subtitle as the ``Tibetan
Policy Act of 2002.''
Sec. 612. Statement of purpose
This section states the purpose of this subtitle: to
support the aspirations of the Tibetan people to safeguard
their distinct identity.
Sec. 613. Tibet negotiations
This section urges the President and Secretary of State
to encourage the Government of the People's Republic of China
to enter into a dialogue with the Dalai Lama or his
representatives leading to a negotiated agreement on Tibet, and
to provide an annual report to the Congress on steps taken to
encourage this dialogue and the status of discussions between
the Government of China and the Dalai Lama. The Managers note
that the Dalai Lama's special representative held talks with
Chinese officials in Beijing and in Lhasa, Tibet, in September
2002, and hope that these talks will lead to a meaningful
dialogue.
Sec. 614. Reporting on Tibet
This section mandates that a separate section on Tibet be
included in the annual human rights report and the annual
religious freedom report submitted by the Department of State
to the Congress.
Sec. 615. Congressional Executive Commission on the People's Republic
of China
This section amends the U.S.-China Relations Act of 2000
to include as issues to be considered by the Congressional-
Executive Commission on the People's Republic of China (1) a
description of the status of negotiations between the
Government of the PRC and the Dalai Lama; and (2) measures
taken to safeguard Tibet's distinct identity.
Sec. 616. Economic development on the Tibetan plateau
Subsection (a) of this section states that it is the
policy of the United States to support economic development,
cultural preservation, health care, and education and
environmental sustainability for Tibetans inside Tibet. The
Managers note that in 1980 Chinese Party Secretary Hu Yaobang
formulated the Six Point Program for Tibet, which stated that
the ``Tibetan people's habits, customs, history and culture
must be respected,'' that ``all ideas that ignore and weaken
Tibetan culture are wrong,'' and that ``Tibet should lay down
laws, rules and regulations according to its special
characteristics to protect the right of national autonomy and
its special national interests.'' Recognizing that the Dalai
Lama is not seeking independence for Tibet, that in 1979 Deng
Xiaoping offered to negotiate on all issues other than
independence, and that President Jiang Zemin has stated that
the door to negotiations is open if the Dalai Lama accepts that
Tibet is an inseparable part of China, the Conference believes
that the adoption by the current Chinese government of the
principles formulated by Hu Yaobang would improve the potential
for meaningful negotiations with the Dalai Lama and have a
positive impact on United States-China relations. Subsection
(b) mandates that the United States use its voice and vote in
international financial institutions to support projects in
Tibet designed in accordance with a set of principles,
enumerated in subsection (d), that are designed to raise the
standard of living for the Tibetan people and to make them
self-sufficient. Subsection (c) states that Export-Import Bank
and the Trade and Development Agency should support projects
following these principles. Subsection (d) enumerates the
principles which are to serve as guidelines for the projects
that international financial institutions, non-governmental
organizations and the U.S. government should support in Tibet.
Sec. 617. Release of prisoners and access to prisons
This section states that the President and Secretary of
State should request the Government of the PRC to immediately
release all Tibetan political prisoners including those known
to be seriously ill and seek access for international
humanitarian organizations to Tibetan prisoners.
Sec. 618. Establishment of a U.S. branch office in Lhasa, Tibet
This section urges the Secretary of State to make best
efforts to establish an office in Lhasa, Tibet, to monitor
developments in Tibet.
Sec. 619. Requirement for Tibetan language training
This section mandates that Tibetan language training be
available to Foreign Service Officers and to make every effort
to assign a Tibetan-speaking officer to the U.S. consulate in
the PRC that monitors developments in Tibet.
Sec. 620. Religious persecution in Tibet
This section states that the U.S. Ambassador to China
should seek to meet with the 11th Panchen Lama and request his
release by the Government of the PRC.
Sec. 621. United States Special Coordinator for Tibetan Issues
This section mandates the establishment within the
Department of State of a United States Special Coordinator for
Tibetan Issues and outlines the central objective and duties of
the Special Coordinator.
SUBTITLE C--EAST TIMOR TRANSITION TO INDEPENDENCE ACT OF 2002
This subtitle specifies steps to be taken by the U.S.
government to facilitate the transition of East Timor to
independence. The Managers believe that it is in the interests
of the United States to help the people of East Timor, who
voted overwhelmingly for independence from Indonesia in August
1999, to realize their aspirations for a stable, prosperous
democratic nation.
Sec. 631. Short title
This section entitles this subtitle as the ``East Timor
Transition to Independence Act of 2002.''
Sec. 632. Bilateral assistance
This section authorizes $25 million for fiscal year 2003
for programs in East Timor.
Sec. 633. Multilateral assistance
This section mandates that the United States use its
voice, vote and influence at each of the international
financial institutions of which it is a member to support
economic and democratic development in East Timor.
Sec. 634. Trade and investment assistance
Subsection (a) of this section urges the President of the
Overseas Private Investment Corporation (OPIC) to initiate
negotiations with the Government of East Timor to enter into a
new agreement authorizing OPIC to carry out programs with
respect to East Timor. Subsection (b) authorizes $1 million to
the Trade and Development Agency to carry out programs in East
Timor. Subsection (c) encourages the U.S. Export-Import Bank to
expand its activities with respect to East Timor.
Sec. 635. Generalized System of Preferences
This section urges the U.S. Trade Representative and the
Customs Commissioner to send an assessment team to East Timor
to determine what products from East Timor would be eligible
for benefits under the Generalized System of Preferences.
Sec. 636. Authority for radio broadcasting
This section provides that the Broadcasting Board of
Governors should broadcast to East Timor in an appropriate
language or languages.
Sec. 637. Security assistance for East Timor
Subsection (a) of this section requires the President to
conduct a study and report to the appropriate Congressional
committees on the extent to which East Timor's security needs
can be met through provision of excess defense articles and on
the extent to which international military education and
training (IMET) assistance will enhance the professionalism of
the armed forces of East Timor. Subsection (b) authorizes the
provision of excess defense articles and IMET pending a
certification that East Timor has established independent armed
forces and that assisting those forces will promote U.S.
national interests and human rights and professionalization of
the armed services in East Timor.
Sec. 638. Reporting requirement
This section requires the Secretary of State to transmit
a report within 180 days of enactment, and annually thereafter
for five years, on various developments with respect to East
Timor including the specific steps taken by U.S. agencies to
assist East Timor.
SUBTITLE D--CLEAN WATER FOR THE AMERICAS PARTNERSHIP OF 2002
Sec. 641. Short title
This section entitles the subtitle as the ``Clean Water
for the Americas Partnership Act of 2002.''
Sec. 642. Definitions
This section defines terms used in the subtitle.
Sec. 643. Establishment of program
This section authorizes the President to establish a
Clean Water for the Americas Partnership.
Sec. 644. Environmental assessment
This section authorizes the President to conduct a
comprehensive environmental assessment in the region to
determine the most severe environmental problems threatening
human health, which countries have them, and whether there is a
market for the U.S. environmental industry in the region.
Sec. 645. Establishment of American technology centers
This section authorizes the President to establish
Technology America Centers (TEAMs) in the region to link the
U.S. environmental technology industry with local partners by
providing logistic and information support to U.S. firms
seeking opportunities for environmental projects.
Sec. 646. Promotion of water quality, water treatment systems, and
energy efficiency
This section authorizes the President to provide matching
grants to U.S. associations and non-profits for the purpose of
promoting water quality, water treatment and energy efficiency
in the region. These grants shall be used to support
professional exchanges, academic fellowships, training
programs, development of local chapters of associations or non-
profits, and online exchanges.
Sec. 647. Grants for feasibility studies within a designated subregion
This section authorizes 75/25 matching grants, through
the Trade and Development Agency, for ``pre-feasibility
studies'' for water projects within a subregion or an
individual country of the Latin America/Caribbean region. These
grants would provide potential investors in environmental
projects, primarily water projects such as water treatment
plants, a ``jump-start'' in getting these projects off the
ground.
Sec. 648. Clean Water Technical Support Committee
This section authorizes the President to establish a
Clean Water Technical Support Committee to provide technical
support for water projects in the region.
Sec. 649. Authorization of appropriations
This section authorizes $10 million for each of the
fiscal years 2003 through 2005.
Sec. 650. Report
This section mandates a report to within two years of
establishment of the program under Sec. 643 containing an
assessment of the progress made in this program and any
recommendations for legislative changes.
Sec. 651. Termination date
This section terminates the authorities provided by this
subtitle three years after the establishment of the program,
unless the President certifies that it would be in the national
interest to maintain the program for an additional two-year
period.
Sec. 652. Effective date
This section sets the effective date of this subtitle as
90 days after the date of enactment.
SUBTITLE E--FREEDOM INVESTMENT ACT OF 2002
Section 661. Short title
This section entitles this subtitle as the Freedom
Investment Act of 2002.
Sec. 662. Purposes
This section states that the purposes of this subtitle
are to: underscore that promoting and protecting human rights
is in the national interest of the United States; is consistent
with American values and beliefs; and to establish a goal of
devoting one percent of the State Department's operating budget
to enhancing the ability of the United States to promote
respect for human rights and the protection of human rights
defenders.
Sec. 663. Human rights activities at the Department of State
This section expresses the sense of Congress that the
budget for the Bureau of Democracy, Human Rights and Labor
(DRL) should be substantially increased so that beginning in
fiscal year 2005, one percent of the State Department's
operating budget should be available for such bureau. It also
expresses the sense of Congress that any assignment of an
individual to a political officer position at a United States
Mission abroad that has the primary responsibility for
monitoring human rights developments in a foreign country
should be made upon the recommendation of the Assistant
Secretary for Democracy, Human Rights and Labor in conjunction
with the head of the Department's regional bureau having
primary responsibility for that country. This section also
requires the Secretary to submit a plan for the Department to
(1) improve integration of human rights policy into the
Department's overall policy formulation and implementation, (2)
achieve closer communication and policy coordination between
DRL and the regional bureau, including between DRL and
personnel at overseas posts, and (3) to assign persons in the
manner described above.
With respect to funding, the Managers intend that the
Department take seriously the goals established by this
section. For the last few years the Department has been pressed
to substantially increase the resources devoted to human rights
in general and the DRL bureau in particular. The Managers
believe this trend must continue so as to meet the goal defined
above.
The Managers also believe that the Department needs to
ensure that human rights concerns are considered at every level
of decision making within the Department, from the country desk
to the Secretary of State. While there has been some movement
towards achieving this goal since the mid-1990's, the Managers
intend that the Department think creatively in finding new ways
to ensure that human rights is an integral component of U.S.
foreign policy. In particular, the Managers believe that there
needs to be more communication between DRL and the regional
bureaus, which often have day-to-day operational
responsibilities with respect to human rights matters, and most
importantly, more direct communication between DRL and officers
in the field. At a minimum the DRL Bureau needs to concur in
any recommendation to assign a person to the particular
position overseas. By giving such a role to the DRL Bureau, the
Managers believe that Foreign Service Officers will be more
likely to seek positions in DRL, since the Bureau will be able
to further their career development. The Managers expect that
in countries that have significant human rights problems, DRL
would have a role in the assignment of senior positions
responsible for such issues.
Section 664. Human Rights and Democracy Fund
This section authorizes $21,500,000 for the Human Rights
and Democracy Fund from funds appropriated under the ``Economic
Support Fund'' account. The Managers expect that this fund
shall continue to be administered by the DRL bureau, as is the
case today. The provision also contains a specific
authorization for the Documentation Center of Cambodia and a
Father John Kaiser Memorial Fund.
Section 665. Reports on actions taken by the United States to encourage
respect for human rights
Subsection (a) of this section amends sections 116 and
502B of the Foreign Assistance Act to require that the report
mandated by such sections include additional information with
respect to each country for which the report indicates that
extra-judicial killings, torture, or other serious violations
of human rights have occurred. For each such country, the
Department is required to report the extent to which the United
States has taken or will take action to encourage an end to
such practices. Subsection (b) of this section provides that
reports on such matters may be submitted in a separate report.
The Mangers intend that the reporting required by the
amendments in this section be a serious and substantial report
outlining a specifically tailored strategy for each country
where there is substantial evidence indicating that the human
rights abuses described in the section have occurred.
SUBTITLE F--ELIMINATION AND STREAMLINING OF REPORTING REQUIREMENTS
Sec. 671. Elimination of certain reporting requirements
This section eliminates several reporting requirements.
Sec. 672. Biennial reports on programs to encourage good governance
This section changes the annual report required to a
biennial report.
SUBTITLE G--OTHER MATTERS
Sec. 681. Amendments to the International Religious Freedom Act of 1998
This section makes revisions to the International
Religious Freedom Act of 1998 related to the Commission on
International Religious Freedom created by the Act.
Subsection (a) amends the reporting requirement in the
International Religious Freedom Act of 1998 to include
information on discrimination against particular religious
groups or members of such groups. In particular, the Managers
are concerned about the use of ``sect filters'' as a violation
of religious freedom as indicated in senate report 107-60, page
33.
Subsection (b) provides for staggered terms for
Commission members.
Subsection (c) alters the date of the election of the
Chair of the Commission.
Subsection (d) relates to vacancies.
Subsection (e) authorizes $3,000,000 in fiscal year 2003.
Subsection (f) provides limited authority to procure non-
governmental services.
Subsection (g) extends the Commission to 2011.
Sec. 682. Amendments to the Victims of Trafficking and Violence
Protection Act of 2000
This section amends the Trafficking Victims Protection
Act (Title I of the Victims ofTrafficking and Violence
Protection Act of 2000) to make clear that programs of assistance to
foreign victims shall include, to the maximum extent practical, support
to non-governmental organizations in foreign countries that provide
protection and assistance to trafficking victims; for education and
training of trafficking victims; for safe and voluntary integration or
reintegration, as appropriate, of victims into families and/or
communities; and for programs that assist families in locating their
family members who are trafficking victims and in helping them to
return to their homes, to integrate into the communities in which they
are living, or to resettle in safe third countries, according to the
wishes of the victim. This section also authorizes funding for fiscal
year 2003 for programs and activities under the Trafficking Victims
Protection Act.
Sec. 683. Annual Human Rights Country Reports on Child Soldiers
This section amends sections 116(d) and 502B of the
Foreign Assistance Act of 1961 to require that the State
Department's Country Reports on Human Rights Practices includes
information related to each country's compliance with the
standards set forth in the Optional Protocol to the Convention
on the Rights of the Child on the Involvement of Children in
Armed Conflict.
Sec. 684. Extension of authority for Caucus on International Narcotics
Control
This section extends the authorization of the Senate
Caucus on International Narcotics Control through September 30,
2005.
Sec. 685. Participation of South Asia countries in international law
enforcement
This section provides that 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
Academies located in Bangkok, Thailand, and Budapest, Hungary,
consistent with other provisions of law, with the goal of
enhancing regional cooperation in the fight against
transnational crime.
Sec. 686. Payment of anti-terrorism judgments
This section modifies section 2002 of the Victims of
Trafficking and Violence Protection Act, which facilitates
collection of damage awards imposed by certain judgments of
United States courts against state sponsors of terrorism by
amending (a)(2)(A)(ii) of that section to make additions to the
persons covered by that section.
Sec. 687. Reports on participation by small businesses in procurement
contracts of USAID
Concerns have been expressed regarding the amount of
procurement by USAID from small business and small businesses
owned and controlled by women and socially and economically
disadvantaged individuals, among others. This section is
intended to obtain additional information beyond the
information that USAID has filed with the Small Business
Administration regarding these matters.
Sec. 688. Program to improve building construction and practices in
Latin American countries
To limit the economic and social cost of future natural
disasters in the region, this section authorizes the President
to carry out a program to improve building codes and practices
in Latin America by: training appropriate professionals from
the region in building codes, practices, and standards;
translating American building and life safety codes into
Spanish; and providing other relevant assistance as needed,
including helping local government officials develop seismic
micro-zonation maps.
While El Salvador and Ecuador are initial candidates for
the activities authorized in this section, the Managers
encourage the Administration to extend this program to other
Latin American countries, as needed. The Managers also expect
that the Administrator of the United States Agency for
International Development will consider implementing the
program through organizations which are not-for-profits
standards development organizations, as defined in OMB Circular
A119, to the maximum extent practicable, and possess the
relevant experience with the Spanish language.
Sec. 689. Sense of Congress relating to HIV/AIDS and UN peacekeeping
operations
This section expresses the sense of Congress that the
President should direct the Secretary of State and the U.S.
Representative to the U.N. to urge the UN to adopt an HIV/AIDS
mitigation strategy as a component of UN peacekeeping
operations. The Managers acknowledge the dangers associated
with the use of peacekeeping forces that contain personnel
infected with HIV/AIDS, especially when peacekeeping forces are
usually deployed to areas already suffering from the disruption
of social, economic, and civil order. This section urges the
President to focus special diplomatic emphasis on the
establishment of an HIV/AIDS mitigation strategy to be a
component of standard UN peacekeeping procedures in order to
minimize and, if possible eliminate, these additional dangers.
The Managers believe that such a strategy could include
specialized training for local officials in particularly hard-
hit regions, such as East and Southern Africa, by USAID and
similar organizations.
Sec. 690. Sense of Congress relating to Magen David Adom Society
This section recognizes that the Magen David Adom Society
is the national humanitarian society in the State of Israel and
that it follows all the principles of the International Red
Cross and Red Crescent Movement. Since 1949 the Magen David
Adom Society has been refused admission into the International
Red Cross and Red Crescent Movement and has been relegated to
observer status without a vote because it has used the Red
Shield of David as its symbol. The section states that it is
the sense of Congress that (1) the International Committee of
the Red Cross should immediately recognize the Magen David Adom
Society; (2) the Federation of Red Cross and Red Crescent
Societies should grant full membership to the Magen David Adom
Society immediately following recognition by the International
Committee of the Red Cross of the Magen David Adom Society as a
full member; (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 Society in
the International Red Cross Movement.
Sec. 691. Sense of Congress regarding the location of Peace Corps
offices abroad
This section expresses the sense of Congress that the
Secretary of State should give favorable consideration to
requests by the Director of the Peace Corps to allow the Peace
Corps to maintain offices in locations separate from the United
States embassy to the degree consistent with security
considerations.
Sec. 692. Sense of Congress relating to resolution of Taiwan Strait
issue
This section expresses the sense of Congress that Taiwan
is a democracy and it is the policy of the U.S. that a
resolution of the Taiwan Strait issue must be peaceful and
include the assent of the people of Taiwan.
Sec. 693. Sense of Congress relating to display of the American flag at
the American Institute in Taiwan
This section expresses the sense of the Congress that the
American Institute in Taiwan and the residence of the director
of the American Institute in Taiwan should publicly display the
flag of the United States in the same as manner as it is
displayed at United States embassies, consulates, and official
residences throughout the world.
Sec. 694. Reports on activities in Colombia
This section requires the Secretary of State to submit
two separate reports to Congress on U.S.-funded activities in
Colombia. The first report will summarize U.S. efforts to
promote alternative development, recovery and resettlement of
internally displaced persons, judicial reform, the peace
process, and human rights. The report also will establish
timetables for these activities, justify delays in meeting
previous timetables, and identify corrective measures to
prevent future delays.
The second report relates to the activities of U.S.
businesses that have entered into agreements with the
Departments of State and Defense to administer counter-
narcotics programs in Colombia. Given the crucial role of U.S.
businesses in carrying out the counter-narcotics objectives of
Plan Colombia and its successor programs, the Managers hope
that this report will encourage the Administration to be more
forthcoming as to the specifics of its partnership with U.S.
businesses in Plan Colombia-related activities and the
Administration's plans to transfer operational control of same
to the appropriate Colombian authorities.
Sec. 695. Report on United States-sponsored activities in Colombia
This section requires the Secretary of State to provide
the Congress with a report outlining a comprehensive strategy
to eradicate all opium cultivation in Colombia and the impact
of Plan Colombia on neighboring countries.
Sec. 696. Report on extradition policy and practice
This section requires a report on extradition practices.
The Managers attache great importance to international law
enforcement assistance, in particular as the war on terrorism
proceeds. The Managers take note of important steps forward
achieved recently by the Departments of State and Justice in
the field of extradition. In particular, the Managers are aware
that these Departments have concluded extradition agreements
with several South American countries that require the
extradition of nationals. This substantial achievement
represents a major departure from the normal practice of civil
law countries. These agreements eliminate a major bilateral law
enforcement irritant where they are in force, and the Managers
hope that this practice will be emulated by treaty partners in
Europe and elsewhere.
Sec. 697. Special Court for Sierra Leone
This section authorizes appropriations of $5 million in
fiscal year 2003 to support the Special Court for Sierra Leone.
This section also authorizes rewards for information that leads
to the arrest of persons indicted by the Special Court.
Sec. 698. United States Envoy for Peace in Sudan
This section states that there should continue to be a
United States Envoy for Peace in Sudan until there is a
comprehensive settlement to the conflict in Sudan.
Sec. 699. Transfer of proscribed weapons to persons or entities in the
West Bank and Gaza
This section authorizes certain sanctions against foreign
persons or entities which knowingly transfer certain weapons to
Palestinian entities in the West Bank or Gaza.
Sec. 700. Sense of Congress relating to arsenic contamination in
drinking water in Bangladesh
This section expresses the sense of Congress that the
Secretary of State should work with appropriate United States
Government agencies, national laboratories, universities in the
United States, the Government of Bangladesh, international
financial institutions and organizations, and international
donors to identify a long-term solution to the arsenic-
contaminated drinking water problem in Bangladesh. It also
requests a report on proposals to bring arsenic-free drinking
water and to facilitate treatment for those who have already
been affected by arsenic-contaminated drinking water in
Bangladesh.
Sec. 701. Policing reform and human rights in Northern Ireland
This section reiterates the commitment of the Congress to
promote respect for human rights by all parties in Northern
Ireland. It calls for independent judicial public inquiries
into the killings of defense lawyers Rosemary Nelson and
Patrick Finucane and for the government of the United Kingdom
to take appropriate measures to protect defense lawyers and
human rights defenders, as well as for the decommissioning of
weapons by the Irish Republican Army all other paramilitary
groups and an end to punishment attacks and exiling by such
groups. The section also requires the President to submit a
report on the extent to which the governments of the United
Kingdom and the Republic of Ireland have implemented the
recommendations of the Patten Commission with respect to
policing reform, on the status of investigations into the
deaths of Rosemary Nelson, Patrick Finucane, and Robert
Hammill, and on the status of decommissioning of weapons by the
Irish Republican Army and other paramilitary organizations.
Finally, the section sets forth conditions on training or
exchanges conducted by UnitedStates law enforcement agencies
for the Police Service of Northern Ireland (PSNI) or its members to
ensure that such programs promote the peace process and the
professionalism of policing and does not include PSNI members who there
are substantial grounds for believing have committed or condoned human
rights violations.
Sec. 702. Annual report on United States-Vietnam human rights dialogue
meetings
This section requires an annual report on the issues
discussed at meetings of the United States-Vietnam human rights
dialogues, and to what extent the Vietnamese government has
made progress on certain human rights issues, including the
following: improving commercial and criminal codes, releasing
those imprisoned or detained on political or religious grounds,
ending official restrictions on religious activity, promoting
freedom of the press, improving prison conditions, respecting
the rights of indigenous minority groups and of workers, and
cooperating with U.S. requests to obtain access to those
seeking to come to the United States as refugees or emigrants.
The Managers believe that the bilateral dialogue can be an
effective means of bringing about improvements in Vietnam's
human rights policies if U.S. officials make concerted efforts
to place specific issues and cases on the table and encourage
the government of Vietnam to respond with concrete steps.
Sec. 703. Sense of Congress regarding human rights violations in
Indonesia
This section expresses a sense of Congress that the
Government of Indonesia should demonstrate progress toward
ending human rights violations by the armed forces and make
efforts to find and prosecute those responsible for the murders
of Papuan leader Theys Eluay and Acehnese human rights advocate
Jafar Siddiq Hamzah, and U.S. citizens Edwin L. Burgon and
Ricky L. Spier.
Sec. 704. Report concerning the German Foundation ``Remembrance,
Responsibility, and the Future''
This section directs the Secretary of State to report on
the status of the agreement between the government of the
United States and the Federal Republic of Germany concerning
the Foundation that was established to distribute Holocaust era
insurance claims and payments to Holocaust survivors who were
forced into labor or slave labor. This report shall be
submitted to appropriate congressional committees, either in
writing or orally, within 180 days after the enactment of this
Act, and every 180 days thereafter.
Sec. 705. Sense of Congress on return of portraits of Holocaust victims
to the artist Dina Babbitt
This section expresses the sense of the Congress that the
President and Secretary of State should make all efforts
necessary to retrieve the original seven watercolor portraits
painted by Dina Babbitt that are held by the Auschwitz-Birkenau
State Museum.
Sec. 706. International drug control certification procedures
This section provides an alternative mechanism to Section
490 of Chapter 8 of part I of the Foreign Assistance Act of
1961 (relating to annual drug certification procedures). That
mechanism requires the submission of a report to Congress by
September 15 of the previous fiscal year setting forth the
names of countries determined by the President to be major
drug-transit or major illicit drug producers as defined in
section 481(e) of the Foreign Assistance Act of 1961. In such
reports the President must identify which, if any countries,
included in the report have ``demonstrably failed'' to adhere
to obligations under international counter narcotics agreements
or have failed to take the counter narcotics measures set forth
in section 489(a)(1) of the Foreign Assistance Act of 1961 and
give a rationale for such determinations.
The section also prohibits any country so identified from
receiving U.S. assistance in the subsequent fiscal year unless
the President determines that the continuation of assistance is
vital to U.S. national interests, or after the initial
determination on September 15 of the previous fiscal year, the
President subsequently determines that such country is in fact
adhering to its international obligations with respect to
counter narcotics matters. Once the requirements of this
section are fulfilled, funds that would be otherwise withheld
pursuant to section 490 are available for obligation or
expenditure on or after October 1 of the next fiscal year. If a
report is filed pursuant to this section, section 490 (a)
through (h) of the Foreign Assistance Act of 1961 will no
longer apply in the new fiscal year for countries otherwise
covered by that section which have been included in the report
required under paragraph (1).
The section also contains a transition rule for fiscal
year 2003 setting the date for the transmission of the report
required under paragraph 1 of this section at not less than 15
days prior to the obligation or expenditure of any funds that
would otherwise be withheld pursuant to Section 490 of the
Foreign Assistance Act of 1961. Section 490 (a) through (h)
would not apply in FY 2003 for any country included in this
report.
Notwithstanding the above, this section would also allow
the President to apply Section 490(a)-(h) of the Foreign
Assistance Act of 1961 to any country determined to be a major
drug transit or illicit drug producing country as defined in
section 481(e) of that Act, at his discretion. The Managers
believe that under either alternative, if a major drug producer
or major transit country fails to qualify for assistance, and
the President does not determine that the provision of
assistance is nonetheless vital to U.S. national interests,
then the President must also direct that United States
Executive Directors to each multilateral bank to vote against
loans or other utilization of funds to such country from such
institutions as described in Sec. 490(a)(2) of the Foreign
Assistance Act of 1961.
The Managers believe that the addition of this
alternative approach gives the President more flexibility to
implement a successful U.S. counter-narcotics policy.
Division B--Security Assistance Act of 2002
Title X--General Provisions
Sec. 1001. Short Title
This section designates the short title of Division B.
Sec. 1002. Definitions
This section provides definitions for purposes of
Division B.
Title XI--Verification of Arms Control and Nonproliferation Agreement
Sec. 1101. Verification and Compliance Bureau personnel
This section authorizes $14,000,000 for fiscal year 2003
for the Bureau of Verification and Compliance. In addition,
this section authorizes an additional $1,800,000 in fiscal year
2003 for the purpose of hiring new personnel to carry out the
Bureau's responsibilities including the assignment of one full-
time person in the Bureau to manage the document control,
tracking, and printing requirements of the Bureau's operation
in a Sensitive Compartmented Information Facility (SCIF).
The Bureau of Verification and Compliance in the
Department of State has been unable, with its current personnel
and its wide responsibilities (which include some services of
common concern for other bureaus), to fully support compliance
analysis and enforcement, as well as U.S. negotiations in which
verification is an important issue. The Managers therefore
authorize a larger budget than requested for this Bureau,
including $1.8 million for additional personnel, which should
remedy the problem.
The Managers applaud the Department of State for the
improvement in the content of its congressionally-mandated
nonproliferation reports; further improvement, however, is
still needed. For example, the Managers expect the Verification
and Compliance Bureau to address countries' compliance with
their legal and political nonproliferation commitments,
consistent with that Bureau's original statutory mandate. The
intent of section 2(a)(1)(B) of the Iran Nonproliferation Act
of 2000 (P.L. 106-178) was to cover items that would contribute
to the nuclear, chemical, and biological weapons capabilities,
and the ballistic missile capabilities, of Iran. The reference
in that Act to the Missile Technology Control Regime (MTCR)
Annexes was not meant to imply that the report under that Act
should cover only the transfer of components meeting every
Annex criterion. Rather, items of the general type listed in
the Annexes, which could also be used in MTCR-class missiles,
should also be covered, consistent with section 2(a)(2) of the
Act.
Sec. 1102. Key Verification Assets Fund
This section authorizes $7,000,000 in fiscal year 2003
for the purposes of funding the Key Verification Assets Fund.
The Key Verification Assets Fund has had limited funding
since it was created pursuant to section 1111 of the Arms
Control and Nonproliferation Act of 1999, but has demonstrated
an ability to leverage the work of other departments and
agencies in technical aspects of arms control verification. Too
often, Department of State funds are required to keep other
departments' or agencies' verification assets functioning.
While this is a valid and vital use of the Key Verification
Assets Fund, the Managers hope that much of the increased
funding authorized in this section can be used to promote
improved verification, rather than merely to prevent
significant degradation of U.S. verification capabilities.
Sec. 1103. Revised verification and compliance reporting requirements
This section modifies the date by which a report on arms
control, nonproliferation and disarmament, and compliance is
due. Under current law, the report is due on January 31st of
each year. This objective has rarely been achieved, if ever.
The Managers expect the deadline of April 15th set by this
section to be a more realistic date and urge the executive
branch to honor this revised requirement.
Title XII--Military and Related Assistance
SUBTITLE A--FOREIGN MILITARY SALES AND FINANCING AUTHORITIES
Sec. 1201. Authorization of appropriations
This section authorizes $4,107,200,000 for fiscal year
2003 for Foreign Military Financing (FMF), which is the
executive branch's requested amount.
Sec. 1202. Relationship of foreign military sales to the U.S.
nonproliferation interests
This section amends section 4 of the Arms Export Control
Act (AECA) to expand the purposes for which foreign military
sales may be provided. This section also amends the AECA to
provide a statutory definition of the term, ``weapons of mass
destruction.''
Section 4 of the Arms Export Control Act permits U.S.
arms sales or leases ``solely for internal security, for
legitimate self-defense, to permit the recipient country to
participate in regional or collective arrangements or measures
consistent with the Charter of the United Nations, or otherwise
to permit the recipient country to participate in collective
measures requested by the United Nations for the purpose of
maintaining or restoring international peace and security, or
for the purpose of enabling foreign military forces in less-
developed friendly countries to construct public works and to
engage in other activities helpful to the economic and social
development of such friendly countries.'' The Managers'
amendment to that section makes clear that such sales or leases
are also permitted for preventing or hindering the
proliferation of weapons of mass destruction and the means for
delivering such weapons. The urgent and significant nature of
these threats to U.S. national security makes it necessary to
marshal all available programs, including arms transfers, as
appropriate, to halt proliferation.
Sec. 1203. Official reception and representation expenses
This section amends section 43(c) of the Arms Export
Control Act (22 U.S.C. 2792) to increase the annual limit on
the amount of funds that may be expended for official reception
and representation expenses under the Arms Export Control Act
from $72,500 to $86,500. Reception and representational
expenses are an important part of the successful conduct of the
Security Cooperation Program. Since 1993, the amount authorized
for these expenses has remained at the same ceiling of $72,500.
An additional increase for representational and
entertainment expenses was sought by the Department of Defense
through the fiscal year 2002 budget request for the Foreign
Military Financing (FMF) Program, which is included in the
Foreign Operations Appropriation. That FMF request, combined
with section 1203, results in the total representational fund
budget used by the Security Cooperation Organizations, to
include the Security Assistance Offices (SAOs). Since 1993, an
additional 33 SAOs have been opened. These additional 33 SAOs
require new representational funding that is comparable to what
SAOs in other countries receive, which is $2,000 per office.
The Department of Defense has indicated that section 1203 will
result in no additional costs to that Department.
Sec. 1204. Arms Export Control Act prohibition on transactions with
countries that have repeatedly provided support for acts of
international terrorism
This section modifies section 40 of the Arms Export
Control Act (AECA), which prohibits transactions with countries
that have repeatedly provided support for acts of international
terrorism.
Section 40 of the AECA (22 U.S.C. 2780) prohibits various
arms transactions with certain countries, and subsection (d) of
that section applies those limits to any country that the
Secretary of State determines has repeatedly provided support
for acts of international terrorism. Such acts shall include
all activities that the Secretary determines willfully aid or
abet the international proliferation of nuclear explosive
devices to individuals or groups or willfully aid or abet an
individual or groups in acquiring unsafeguarded special nuclear
material.
The Managers believe that willfully aiding or abetting
the proliferation of chemical, biological, or radiological
agents to individuals or groups is an activity equally
deserving of sanction under section 40 of AECA. Inclusion of
the term, ``radiological agents,'' is not meant to bar
legitimate and legal transfers of radiological material, such
as nuclear reactor fuel or medical or industrial isotopes, for
purely peaceful purposes. The Managers do intend, however, that
if a country contributes to the proliferation of such materials
to be used as or in radiological weapons, or with the knowledge
or reason to believe that they would be so used, then section
40 of AECA should be applied.
Sec. 1205. Congressional notification of small arms and light weapons
license approval; reports
This section amends section 36(c) of the Arms Export
Control Act (AECA) to require that arms transfers consisting of
defense articles that are firearms controlled under category I
of the United States Munitions List be notified to the
Congress, if such proposed transfers are valued at $1,000,000
or more.
This section also includes three reporting requirements.
First, this section amends section 40 of the AECA to require
the executive branch to report on the numbers, range, and
findings of end-use monitoring of U.S. transfers of small and
light weapons. Second, this section amends section 655 of the
Foreign Assistance Act to require additional information on
small arms and light weapons including the aggregate dollar
value and quantity of semiautomatic assault weapons or spare
parts for such weapons that were licensed for export during the
period covered by the report required by section 655. And
third, this section requires a one-time report on activities of
registered arms brokers.
Sec. 1206. Treatment of Taiwan relating to transfers of defense
articles and defense services
This section requires that Taiwan shall be treated as
though it were designated a major non-NATO ally for the
purposes of the transfer or possible transfer of defense
articles or defense services under the Arms Export Control Act,
the Foreign Assistance Act or any other provision of law.
SUBTITLE B--INTERNATIONAL MILITARY EDUCATION AND TRAINING
Sec. 1211. Authorization of appropriations
This section authorizes $85,000,000 for fiscal year 2003
for the International Military Education and Training (IMET)
program. This level of funding is an increase of $5,000,000
over the executive branch's request for fiscal year 2003, which
reflects the Managers' strong support for the IMET program.
Sec. 1212. Human rights violations
This section requires additional reporting to the
Congress regarding human rights violations by participants in
the International Military Education and Training (IMET)
program.
Current U.S. law requires that prospective IMET
participants be screened to ensure that they do not have
records of human rights violations. There is no requirement,
however, to monitor their human rights records after receiving
U.S. training. Last year, Congress mandated a new Department of
Defense database on IMET participants after December 31, 2000,
which does not require new collection of information but should
help the Defense Department to keep track of the training it
provides, and where its former students go as their careers
progress. One justification for the IMET program is that it
provides human rights training and a consciousness about
respecting human rights in its participants, who presumably
will be more respectful of human rights concerns in their own
countries. This provision will allow the executive branch and
the Congress to better assess the impact of IMET human rights
training.
The Managers believe that if a former IMET participant is
found to have been involved in a human rights violation,
reported in the Department of State's annual human rights
report, that person's previous IMET training should be reported
to the Congress. To assist the Secretary of State in
determining whether there was any such involvement, section
1212 authorizes the Secretary to obtain from the Secretary of
Defense, annually, any IMET participant database information
with respect to a list containing the names of foreign
personnel or military units. If it should be determined, as a
result, that a former IMET participant was involved in a human
rights violation, the Department of Defense shall update its
IMET participant database to reflect that information. This
process will give policymakers--and especially the Department
of Defense itself--new information with which to evaluate and
improve the effectiveness of IMET courses.
Sec. 1213. Participation in post-undergraduate flying training and
tactical leadership programs
This section amends chapter 5 of the Foreign Assistance
Act to provide the authority for the President to enter into
bilateral or multilateral agreements with friendly foreign
countries for the cooperative furnishing of post-undergraduate
flying and tactical leadership training on a non-reimbursable
basis at facilities in Southwest Asia.
The Managers believe that providing this authority to the
President will allow the United States to better utilize the
Gulf Air Warfare Center located in the United Arab Emirates.
Access to this center will allow the United States to maintain
influence with counterparts in the region, and will provide
U.S. forces with access to an unparalleled training and range
facility.
The Managers expect that the executive branch will work
to ensure that the agreements between the U.S. and certain
countries in Southwest Asia will be based on the equitable
provision of support and services. The Managers intend that the
language provided which allows a waiver for the requirement of
equitable support and services should be used sparingly, if at
all.
SUBTITLE C--SECURITY ASSISTANCE FOR SELECT COUNTRIES
Sec. 1221. Security assistance for Israel and Egypt
This section modifies provisions in current law to
authorize Foreign Military Financing (FMF) and Economic Support
Funds (ESF) at funding levels and under terms and conditions
consistent with the executive branch's request for such
programs for fiscal year 2003.
Beginning in fiscal year 2001, the United States began to
reduce Economic Support Funds (ESF) assistance to the countries
of Israel and Egypt and to replace 50 percent of the reductions
in ESF for Israel with an increase in the Foreign Military
Financing (FMF) funds for that country. Section 1221 continues
that process.
The Managers also note that this section authorizes
$200,000,000 in ESF for Israel for fiscal year 2003 for
defensive, nonlethal antiterrorism assistance.
Sec. 1222. Security assistance for Greece and Turkey
This section authorizes assistance under the
International Military Education and Training (IMET) program
for fiscal year 2003 for Greece and Turkey.
This section continues policies established previously,
notably in section 512 of the Security Assistance Act of 2000
(P.L. 106-280).
Sec. 1223. Security assistance for certain other countries
This section authorizes assistance for Foreign Military
Financing (FMF) and International Military Education and
Training (IMET) for fiscal year 2003 for selected countries.
The Managers believe that it is important to specify
security assistance amounts for a number of countries of
particular concern. In this year's bill, FMF and IMET amounts
are specified for the Baltic states, Bulgaria, the Czech
Republic, Georgia, Hungary, Jordan, Malta, the Philippines,
Poland, Romania, Slovakia and Slovenia. Funding levels for
these countries are at or slightly above the executive branch's
request for fiscal year 2003.
Sec. 1224. Assistance to Lebanon
This section addresses U.S. assistance for Lebanon. Under
this section, $10,000,000 of the Economic Support Funds (ESF)
allocated to Lebanon must be withheld for fiscal year 2003 and
for all subsequent fiscal years unless and until the President
certifies to the appropriate congressional committees for each
fiscal year that (1) the armed forces of Lebanon have been
deployed to the internationally recognized border between
Lebanon and Israel; and (2) the Government of Lebanon is
effectively asserting its authority in the area in which such
armed forces have been deployed. The withheld funds may not be
reprogrammed for any other purpose until the last month of the
fiscal year in which the authority to obligate such funds
lapses.
This provision is intended to persuade the Government of
Lebanon to meet its obligation under UN Security Council
Resolution 425, which calls for restoration of the Government
of Lebanon's ``effective authority'' in Southern Lebanon, in
the wake of Israel's May 2000 withdrawal from Southern Lebanon.
The Israeli withdrawal and compliance with UNSCR 425 was
certified by the UN Secretary-General and the UN Security
Council President. The Government of Lebanon's failure to
comply with UNSCR 425 has resulted in significant control of
the border by Hizballah, which has initiated numerous attacks
on Israeli soldiers and soil, resulting in several deaths and
casualties. Allowing an organization designated as a foreign
terrorist organization to operate on the Lebanese border during
the war on terrorism is highly destabilizing in this volatile
region.
SUBTITLE D--EXCESS DEFENSE ARTICLE AND DRAWDOWN AUTHORITIES
Sec. 1231. Excess defense articles for certain countries
This section authorizes funds of the Department of
Defense to be expended for packing and shipping of excess
defense articles (EDA) under section 516 of the Foreign
Assistance Act.
The EDA program enables the United States to meet foreign
policy objectives while simultaneously supporting U.S. friends
and allies by improving their defense capabilities and
enhancing interoperability, and to reduce U.S. stocks of excess
equipment. Most Central and Southern European and Newly
Independent States countries urgently seek U.S. EDA to replace
former Soviet equipment as both a political statement and a way
to enhance interoperability with NATO. In addition, certain
countries, such as Estonia, Latvia and Lithuania, continue to
require EDA as they build their defense forces from zero.
Unfortunately, most of these countries cannot afford the
packing, crating, handling and transportation (PCH&T) costs
associated with EDA as they convert to market economies.
Without extended authority to assume those costs, the EDA
program becomes virtually unavailable to these countries.
In the Fiscal Year 2000 and 2001 Foreign Relations
Authorization Act, Title XII--Security Assistance, sections
1211 and 1212, contained in the Fiscal Year 2001 Appropriations
Act, P.L. 106-113, such authority was granted for fiscal year
2000 and fiscal year 2001 for EDA provided to Estonia, Georgia,
Hungary, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova,
Poland, Slovakia, Ukraine, and Uzbekistan. The same authority
was provided for Mongolia for fiscal year 2001 and fiscal year
2002 in the Security Assistance Act of 2000, Section 707, P.L.
106-80.
Section 1231 extends these current authorities to fiscal
year 2003 for certain specified Central and Southern European
and certain other countries. Newly included countries include
India, Pakistan, Tajikistan and Turkmenistan, all of which have
offered assistance in the war on international terrorism.
Sec. 1232. Annual listing of possible excess defense articles
This section amends section 25 of the Arms Export Control
Act (AECA) to require that the annual ``Javits report'' of
possible arms transfers for the coming year include a list and
amount of weapons systems that are significant military
equipment that the executive branch believes are likely to
become available for transfer as excess defense articles (EDA)
during the next 12 months.
The Managers realize that often it is difficult to
determine in advance what defense articles will become
available for transfer as EDA and do not expect perfection in
an annual listing of such articles. As new significant military
equipment is deployed by the United States armed forces,
however, the systems it replaces can become available at a
predictable rate. Given the increasing strategic role that the
transfer of EDA plays in U.S. relations with other countries,
the Managers believe that such transfers should be the product
of interagency strategic thinking and planning. In order to
encourage such a process, section 1232 mandates this new
reporting requirement.
Sec. 1233. Leases of defense articles for foreign countries and
international organizations
This section modifies section 61 of the Arms Export
Control Act (AECA) to provide authority to the President to
enter into leases for defense articles from the stocks of the
Department of Defense for fixed periods of time longer than
five years in instances where the defense articles require
major refurbishment work prior to delivery to the lessor
foreign country or international organization.
Section 2796(b) of title 22, U.S.C., currently provides
that the President may lease defense articles from the stocks
of the Department of Defense to eligible foreign countries and
international organizations for a fixed duration of not more
than five years. Some defense articles require major
refurbishment work prior to delivery to the eligible foreign
country or international organization. By including the time
needed to complete this required refurbishment work in the
five-year limit on the overall lease, the actual amount of time
the eligible party has the beneficial use of the leased defense
article is often significantly reduced. Section 1233 provides
authority to the President to enter into such leases for fixed
periods of time longer than five years, with the period of time
for which a particular lease may exceed five years being
defined by the time required to perform the required
refurbishment work. The recipient of the leased defense article
will pay for the actual cost of the refurbishment work.
In recent years, as an economical and expeditious way to
acquire modern defense capabilities to meet their defense
requirements in the near term, several NATO allies have sought
leases of nonexcess U.S. military fighter aircraft, ships, and
tanks that needed major refurbishment. As a result, these
allies have committed millions of dollars for the refurbishment
work, as well as for the actual lease payments for the defense
articles. In addition, they agree to return the refurbished
defense articles in as good a condition as when they received
them, while taking into consideration normal wear and tear.
These major refurbishments may take 18 months or even more,
such as with military fighter aircraft. Including the
refurbishment time in the five-year lease limit can and often
does seriously impact the actual beneficial time of use by the
recipient.
In addition, adding a definition of ``major refurbishment
work'' clearly identifies the specific activity that is
acceptable outside the five-year lease limit and articulates
the minimum period of time for such activity. The specific
activity must be ``major refurbishment work,'' and the minimum
period of time for such activity is established at six months.
The time required to complete the major refurbishment work,
rather than the costs associated with this activity, must be
the defining point, because it is the delay in delivery and the
subsequent reduced amount of time of beneficial use by the
recipient that is the major concern.
Sec. 1234. Priority with respect to transfer of excess defense articles
This section amends section 516 of the Foreign Assistance
Act to require that the Philippines, along with other eligible
countries pursuant to that section, receive priority with
respect to the delivery of excess defense articles.
SUBTITLE E--OTHER POLITICAL-MILITARY ASSISTANCE
Sec. 1241. Destruction of surplus weapons stockpiles
This section authorizes that of the assistance made
available in fiscal year 2003 to carry out chapters 1 and 10 of
part I of the Foreign Assistance Act (relating to development
assistance), up to $10,000,000 is authorized to be made
available for the destruction of surplus stockpiles of small
arms, light weapons, and other munitions.
From time to time, the United States has supported
programs in developing countries to buy back and/or destroy
small arms, light weapons, and other munitions that might
otherwise be used in criminal activities or ethnic conflicts.
Such programs can be especially useful in a country that is
emerging from a period of civil war, as was the case in the
country of Mali a few years ago when a U.S.-assisted gun buy-
back program succeeded in removing from circulation a large
number of weapons.
The Managers believe that carefully chosen programs of
this sort should be encouraged. Since such programs may be
vital to giving a country the stability that is needed for
social and economic development, the Managers believe also that
the judicious use of development assistance funds for this
purpose is warranted. The small arms destruction program is
expected to receive $2,000,000 in fiscal year 2003 from the
funds allotted to ``Nonproliferation, Anti-terrorism, Demining,
and Related Programs.'' Section 1241 does not require that
additional funds be made available to this program, but does
give the Secretary that option. The Managers believe that these
funds should not detract from existing or planned developmental
or assistance projects using funds under this chapter of the
Foreign Assistance Act.
SUBTITLE F--ANTITERRORISM ASSISTANCE
Sec. 1251. Authorization of appropriations
This section authorizes $73,000,000 for fiscal year 2002
and $64,200,000 for fiscal year 2003 for antiterrorism
assistance, which reflect the executive branch's request.
The Managers express their strong continued support for
the Department of State's antiterrorism assistance programs,
which play an important role in improving other countries'
ability to protect U.S. diplomatic and military personnel
overseas.
Sec. 1261. Additions to United States war reserves stockpiles for
allies
This section amends section 514 of the Foreign Assistance
Act to provide authority to transfer excess munitions items in
the value of $100,000,000 to the war reserve stockpile (WRSA)
in Israel.
The Managers note that providing authority to enhance the
WRSA in Israel supports the European Command's (USEUCOM)
strategy of forward engagement and assists the defense of
Israel.
Sec. 1262. Revised military assistance reporting requirements
This section amends section 656 of the Foreign Assistance
Act (FAA) to make clear that the annual foreign military
training report does not apply to any NATO ally, Australia,
Japan or New Zealand, unless one of the appropriate committees
of Congress has specifically requested in writing the inclusion
of such country in the report. As a matter of practice, each
committee will file such written request regarding a country if
either the chairman or the ranking minority member of that
committee determines that such a request is advisable.
In addition, this section eliminates two reporting
requirements. First, this section amends section 655 of the FAA
to delete that portion of the annual military assistance report
which requires information relating to military imports. And
second, this section amends section 36 of the Arms Export
Control Act to delete a portion of a report which requires
estimates of U.S. military personnel, U.S. Government civilian
personnel and U.S. civilian contract personnel in foreign
countries assisting in the implementation of security
assistance programs.
Sec. 1263. Consultation with Congress with regard to Taiwan
This section requires the President to provide biannual
detailed briefings and consult with the Congress regarding U.S.
security assistance to Taiwan, including the provision of
defense articles and defense services.
The purpose of this provision is to embed in permanent
law the briefing and consultation process with regard to arms
transfers to Taiwan that has been required in annual
appropriations laws and that reflects the current practice
adopted by the executive branch.
Title XIII--Nonproliferation and Export Control Assistance
SUBTITLE A--GENERAL PROVISIONS
Sec. 1301. Authorization of appropriations
This section authorizes $162,000,000 for fiscal year 2003
for Nonproliferation and Export Control Assistance. Of this
amount, $2,000,000 is authorized for section 584 of the Foreign
Assistance Act of 1961, as added by section 1303 of this Act,
and $65,000,000 for fiscal year 2003 for science and technology
centers in the independent states of the former Soviet Union.
Finally, $382,400,000 is authorized for fiscal year 2003 for
``Nonproliferation, Anti-terrorism, Demining, and Related
Programs.''
Sec. 1302. Nonproliferation technology acquisition programs for
friendly foreign countries
The Managers have consistently supported programs to
improve the border security and export control services of
friendly foreign countries. Providing reasonably sophisticated
detection equipment to those countries can help stem the flow
of materials usable in weapons of mass destruction, whether
they are radioactive materials or equipment for the manufacture
of chemical weapons. To this end, section 1302 authorizes the
Department of State to spend up to $5 million annually to buy
nuclear, chemical, and biological detection systems for other
countries' export control services, as well as $10 million a
year for x-ray systems to image sea-cargo containers. The
Managers do not intend for these programs to take away from any
existing programs or authorities. Rather, these are intended to
be two very specific additions to the nonproliferation and
export control tool kit.
To make effective use of these funds, however, the
Secretary should develop and budget for a multiyear training
plan to assist foreign personnel in the utilization of these
detection systems. Although multiyear training will not be
required in every case, it will in some; and follow-up training
to ensure proper use and maintenance of the equipment will
guard against the provision of equipment that is never used or
that falls quickly into disrepair. The provision requires the
Secretary to submit annual reports for four years to the Senate
Foreign Relations and House International Relations Committees
describing the systems provided and the progress, status, and
budget for a multiyear training program to operate those
systems.
Sec. 1303. International nonproliferation and export control training
The Department of State, working with other U.S.
Government agencies and with governments and non-governmental
organizations in friendly countries, has done much to improve
export control law, regulations, procedures, and equipment
around the world--and most notably in the independent states of
the former Soviet Union. The Managers have supported these
programs and worked to expand them. The Managers believe that
such training, and especially training conducted in the United
States where participants can observe a sophisticated export
control system firsthand, deserves specific attention in the
law. Section 1303 therefore adds nonproliferation export
control training to the activities specifically authorized by
Chapter 9 of Part II of the Foreign Assistance Act.
Education and training conducted under this section shall
be of a technical nature, emphasizing techniques for detecting,
deterring, monitoring, interdicting, and countering
proliferation. The Managers see education and training in
export control law, regulation, organization, and procedures as
fully compliant with this requirement, although we must also
train foreign personnel in detection and investigative
techniques. The Managers also intend that this section not
interfere with education and training programs that take place
overseas. Rather, it reflects the Managers' belief that one
important element in export control training consists of
exposing participants to how our own export control system
combines effectiveness with adherence to democratic principles
and the rule of law.
Sec. 1304. Relocation of scientists
From 1992 through its expiration in 1996, the Soviet
Scientists Immigration Act (P.L. 102-509) allowed a total of up
to 750 highly skilled scientists and their families to be
admitted to the United States without meeting the normal
requirement that an alien's services in the sciences, arts, or
business be sought by an employer in the United States. Section
1304 revives this law for another 4 years and increases to 950
the total number of such scientists who, over the two 4-year
periods, having met criteria set by the Attorney General, may
be so admitted. The Attorney General is directed to consult
with other departments and agencies to determine whether any
changes are needed in the regulations governing this program,
and use of this provision is denied to a scientist who has
previously been granted the status of an alien lawfully
admitted for permanent residence.
Sec. 1305. International Atomic Energy Agency regular budget
assessments
The International Atomic Energy Agency (IAEA) is a
particularly important international organization. It furthers
U.S. national security objectives by helping to prevent the
proliferation of nuclear weapons material, especially through
its work on effective verification and safeguards measures. The
Department of State has concluded that the IAEA ``is a critical
and effective instrument for verifying compliance with
international nuclear nonproliferation agreements, and serves
as an essential barrier to the spread of nuclear weapons.'' The
organization is poised to become even more active and
important, moreover, as more countries sign the new model
safeguards protocol that grants the IAEA the right to inspect
undeclared facilities, and as the nuclear weapons states seek
its help in verifying warhead or fissile material storage or
destruction agreements. In addition, in March 2002, the IAEA
established an important new program to reduce the risks of
nuclear or radiological terrorism.
Nearly two decades of ``zero budget growth'' have
impaired the ability of the IAEA to carry out its mission and
to hire and retain the most qualified inspectors and Managers.
The proportion of safeguards inspectors who hold doctorate
degrees has fallen from 32 percent in 1985 to 19 percent in
2000. In June 2001, IAEA Director General Dr. Mohamed El
Baradei told his Board of Governors that zero real growth had
left the safeguards mission underfunded by $20 million in the
regular budget, which ``led to a situation where . . . we are
in a position to carry out only adequate safeguards, not
optimum safeguards, owing to our inability to modernize
equipment and make full use of available new technologies.''
Voluntary contributions by the United States lessen the IAEA's
budgetary constraints, but they cannot readily be used for the
long-term capital investments or permanent staff increases
necessary for an effective IAEA safeguards regime.
In light of these real problems in an agency upon which
the United States depends to enforce the Nuclear
Nonproliferation Treaty, the Managers believe that a gradual
and sustained increase in the IAEA's regular budget is needed.
The Managers also believe that more of that budget should be
devoted to nuclear nonproliferation activities, but this cannot
be achieved unless the total increases as well.
The IAEA's 2003 regular budget has already been fixed, so
no increase in that budget can be achieved before 2004. Given
the urgency of attending to materials that pose a risk of being
used in nuclear or radiological terrorism, notably research
reactor fuels that use fissile material and ``orphaned''
radioactive sources, this section authorizes a $10,000,000
increase in the United States voluntary contribution to the
IAEA for 2003.
The Managers have been informed of the Administration's
decision no longer to insist that its approximate share of the
IAEA budget be reduced from 25 percent to 22 percent, in
keeping with reductions that are required by law in our
contributions to most United Nations organizations. Section 308
makes clear that it was not the intent of Congress that the
United States' contributions to all United Nations-related
organizations and activities be reduced pursuant to the Admiral
James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001 (contained in Appendix G of
P.L. 106-113), which sets 22 percent assessment rates as
benchmarks for the general United Nations budget, the Food and
Agricultural Organization, the World Health Organization, and
the International Labor Organization. Rather, contributions for
an important and effective agency like the IAEA should be
maintained at levels commensurate with the criticality of their
missions.
Sec. 1306. Amendments to the Iran Nonproliferation Act of 2000
This section specifies in greater detail the content of
the reports to the Congress that are required pursuant to the
Iran Nonproliferation Act of 2000. It also makes clear that if
a person only transfers to Iran advanced conventional weapons
covered by section 2(a)(1)(E) of the Act, that person is not
automatically exempt from sanctions. This amendment to section
5(a)(2) of the Act is in keeping with the original intent of
Congress.
Sec. 1307. Amendments to the North Korea Threat Reduction Act of 1999
This section amends Section 822(a) of the North Korea
Threat Reduction Act of 1999(Subtitle B of title VIII of
division A of HR 3427, as enacted into law by section 1000(a)(7)) by
substituting for the existing listing of facilities, components, goods
and so forth, the term ``specified nuclear item,'' which is further
defined as such material, facilities, components, goods, services or
technology which would be subject to an Agreement for Cooperation if
exported to North Korea; and components that are listed in Annex A or B
to the Nuclear Suppliers Group Guidelines.
Sec. 1308. Annual report on the proliferation of missiles and essential
components of nuclear, biological, and chemical weapons
This section consolidates four existing reporting
requirements into one annual report on the proliferation of
missiles and nuclear, biological and chemical weapons.
SUBTITLE B--RUSSIAN FEDERATION DEBT REDUCTION FOR NONPROLIFERATION
Sec. 1311. Short title
This section states the short title as ``Russian
Federation Debt for Nonproliferation Act of 2002.''
Sec. 1312. Findings and purposes
This section sets forth findings regarding the United
States' security interest in preventing the spread of weapons
of mass destruction and reducing world stockpiles of such
weapons, especially in the Russian Federation. Among the
findings are that existing nonproliferation assistance programs
have made substantial progress, but that the threats posed by
inadequate management of weapons of mass destruction stockpiles
and complexes in the Russian Federation remain urgent,
especially the threat that weapons of mass destruction
materials or technology will be sold or stolen and diverted to
rogue states or terrorists.
New funding streams are needed for programs to stem these
threats, and the burden will have to be shared by the Russian
Federation, the United States, and other governments. The
Russian Federation assumed the Soviet Union's debts and owes
roughly $2.7 billion to the United States and perhaps ten times
that amount to other advanced industrialized countries. Debt
reduction could be designed to provide additional funding for
nonproliferation and arms reduction initiatives, and this
funding could be especially large if U.S. friends and allies
were to follow the U.S. lead in this regard. The bold June 2002
decision of the G-8 at its Kananaskis meeting to provide the
Russian Federation ``10 plus 10 over 10''--$10,000,000,000 in
U.S. nonproliferation assistance and $10,000,000,000 in
assistance from the other members over 10 years--includes the
possibility of member states using debt reduction as a means of
financing this assistance.
This section also states that it is in the vital national
security interests of the United States that: all stocks of
nuclear weapons and weapons-usable nuclear material in the
Russian Federation are secure and accounted for; stocks of
nuclear weapons and weapons-usable nuclear material that are
excess to military needs in the Russian Federation are
monitored and reduced; any chemical or biological weapons,
related materials, and facilities in the Russian Federation are
destroyed; the Russian Federation's nuclear weapons complex is
reduced to a size appropriate to its post-Cold War missions,
and its experts in weapons of mass destruction technologies are
shifted to gainful and sustainable civilian employment; the
Russian Federation's export control system blocks any
proliferation of weapons of mass destruction, the means of
delivering such weapons, and materials, equipment, know-how, or
technology that would be used to develop, produce, or deliver
such weapons; and these objectives are accomplished with
sufficient monitoring and transparency to provide confidence
that they have in fact been accomplished and that the funds
provided to accomplish these objectives have been spent
efficiently and effectively.
Subsection (b) states that the purposes of this subtitle
are to facilitate the accomplishment of the United States
objectives described in the findings set forth in subsection
(a) by providing for the use of a portion of the Russian
Federation's foreign debt to fund nonproliferation programs,
and to help ensure that the resources made available to the
Russian Federation are targeted to the accomplishment of these
objectives. This subsection also states that the intent is to
allow the use of additional resources for these purposes.
Specifically, the Managers do not intend that debt reduction be
used as a substitute for current direct assistance to
nonproliferation programs in the Russian Federation.
Sec. 1313. Definitions
Section 1313 defines five terms of art. In particular, in
this subtitle, the term ``appropriate congressional
committees'' means the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives, and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
Sec. 1314. Authority to reduce the Russian Federation's Soviet-era debt
obligations to the United States
The Russian Federation has assumed the debts owed by the
former Soviet Union, including roughly $480,000,000 in Lend-
Lease debt dating back to U.S. assistance during World War II
and $2,240,000,000 in debt owed to the United States as a
result of credits extended under Title I of the Agricultural
Trade Development and Assistance Act of 1954. Section 1314
authorizes the President to reduce this debt after notifying
the appropriate congressional committees of his intention at
least 15 days in advance of any formal determination to do so,
and allocates such sums as may be necessary in fiscal year 2003
for the cost of reduction in this debt. Debt reduction may be
implemented upon entry into force of a ``Russian Federation
Nonproliferation Investment Agreement'' authorized under
section 1315. The authority provided by this section shall be
available only to the extent, however, that appropriations for
the cost (as defined in section 502(5) of the Federal Credit
Reform Act of 1990) of reducing any debt pursuant to this
section are made in advance.
The Managers understand that any debt reduction agreement
reached pursuant to this subtitle is likely to involve the full
value of the Russian Federation's Soviet-era official debt to
the United States. The purpose of the debt reduction will be to
provide new funds for nonproliferation programs in the Russian
Federation, rather than to provide debt relief to a country
that is, after all, meeting its international financial
obligations. The Managers hope, therefore, that any debt
reduction agreement will encompass not only the face value of
the debt, but also the interest or other debt servicing charges
that would otherwise be owed.
Sec. 1315. Russian Federation nonproliferation investment agreement
This section authorizes the President, in consultation
with other appropriate officials of the Federal Government, to
enter into a ``Russian Federation Nonproliferation Investment
Agreement'' with the Russian Federation concerning the use of
the funds saved by that country as a result of any debt
reduction provided pursuant to this subtitle. The Managers
intend that such an agreement govern any debt reduction
provided pursuant to sections 1314.
The Managers are especially cognizant of the need to
ensure that funds provided through Russian Federation debt
reduction be invested in nonproliferation programs or projects
in an efficient and transparent manner. The Russian Federation
Nonproliferation Investment Agreement shall therefore ensure
that: (1) an amount equal to the value of the debt reduced
pursuant to this subtitle will be made available for agreed
nonproliferation programs and projects; (2) each such program
or project will be approved by the President; (3)
administration and oversight of nonproliferation programs and
projects will incorporate best practices from established
threat reduction and nonproliferation assistance programs; (4)
each program or project funded pursuant to the Agreement will
be subject to audits conducted by or for the United States
Government to confirm that agreed funds are expended on agreed
projects and meet agreed targets and benchmarks; (5)
unobligated funds for investments pursuant to the Agreement
will not be diverted to other purposes; (6) funds allocated to
programs and projects pursuant to the Agreement will not be
subject to any taxation by the Russian Federation; (7) all
matters relating to the intellectual property rights and legal
liabilities of United States firms in a given project will be
agreed upon before the expenditure of funds would be authorized
for that project; and (8) not less than 75 percent of the funds
made available for each nonproliferation program or project
under the Agreement will be spent in the Russian Federation.
Further, this subsection expresses the sense of Congress
that: to the extent practicable, the boards and administrative
mechanisms of existing threat reduction and nonproliferation
programs should be used in the administration and oversight of
programs and projects under the Agreement; the United States
and the Russian Federation should consider commissioning the
General Accounting Office and the Russian Chamber of Accounts
to conduct joint audits to ensure that the funds saved by the
Russian Federation as a result of any debt reduction are used
exclusively, efficiently, and effectively to implement agreed
programs or projects pursuant to the Agreement; and the
Agreement should provide for significant penalties if agreed
funds are misappropriated, or if the President is unable to
certify for two consecutive years that Russia has made material
progress in stemming the flow of sensitive goods, technologies,
material and know-how related to the design, development, and
production of weapons of mass destruction and the means to
deliver them to state sponsors of international terrorism, as
required in section 1317.
Sec. 1316. Independent media and the rule of law
The United States has an important interest in
encouraging the development of an independent media sector and
the rule of law in the Russian Federation. Such developments
would help develop Russian involvement in and cooperation with
Western political and economic institutions, thereby increasing
Russia's economic well-being and its likelihood of maintaining
nonproliferation programs on its own (through increased
transparency and a decreased incentive to profit from illicit
technology sales). They would also make it less likely that a
rogue operation to engage in proliferation could ever go
undetected or unexposed.
Section 1316 therefore provides that up to 10 percent of
the funds saved by the Russian Federation as a result of any
debt relief provided pursuant to this subtitle may be used to
promote a vibrant, independent media sector and the rule of law
in the Russian Federation. The mechanism for this would be an
endowment to support the establishment of a ``Center for an
Independent Press and the Rule of Law'' in the Russian
Federation, which shall be directed by a joint United States-
Russian Board of Directors in which the majority of members,
including the chairman, shall be United States personnel, and
which shall be responsible for the management of the endowment,
its funds, and the Center's programs. While the President is
not obligated to use the authority provided by this section,
given events in Russia over the past year, in which independent
media outlets have been closed or placed under government
control, the Managers strongly urge the executive branch to
explore exercising this authority.
Sec. 1317. Restrictions on debt reduction authority
The overarching framework for debt-for-nonproliferation
under this subtitle is that benefits to the Russian Federation
that flow from debt reduction and devoting the funds saved to
nonproliferation programs are greater than any similar benefits
gained from the proliferation of sensitive items and
technologies to state sponsors of terrorism. As such, the first
condition of any debt reduction is the need for the Russian
Federation to stem the flow of sensitive goods, technologies,
material, and know-how related to the research, design,
development, and production of weapons of mass destruction and
the means to deliver them to countries that have been
determined by the Secretary of State to have repeatedly
provided support for acts of international terrorism. In
particular, the Managers are most concerned regarding the
proliferation of dual-use nuclear and missile goods,
technologies, materials, and know-how to Iran. Section 1317
therefore conditions section 1314 concerning the authority to
grant debt reduction by requiring the President to certify to
the appropriate committees of Congress that the Russian
Federation has made and continues to make ``material progress''
toward that end before any debt reduction can be provided. For
this purpose, `material progress' is defined as significant,
measurable, and demonstrable reductions in Russian
proliferation as measured on an annual basis.Until that
certification can be made, no debt reduction can be provided, unless
the President waives this requirement pursuant to the provisions of
subsection (c).
This section also states in subsection (b) that if in any
subsequent annual report to Congress submitted pursuant to
section 1317 the President cannot certify that the Russian
Federation continues to meet the condition required in
subsection (a), then the authorities granted under this
subtitle may not be exercised and funds may not be expended,
unless and until such certification is made to the appropriate
congressional committees. Under subsection (c), the President
may waive the requirements of subsections (a) and (b) for a
given fiscal year if the President determines that the
imposition of those requirements in that fiscal year would be
detrimental to the national interest of the United States and
so reports to the appropriate committees of Congress.
Sec. 1318. Discussion of Russian Federation debt reduction for
nonproliferation with other creditor states
Western countries, other than the United States, hold
roughly 90 percent of the Russian Federation's Soviet-era
official bilateral debt. Were these countries to join with the
United States in allowing this debt to be used for
nonproliferation programs in the Russian Federation, the funds
available for such purposes would be greatly enhanced. Section
1318 expresses the sense of Congress that the President and
other appropriate officials designated by the President should
pursue discussions with other creditor states to: ensure that
other advanced industrial democracies, especially the largest
holders of Soviet-era Russian debt, dedicate significant
proportions of their bilateral official debt with the Russian
Federation or equivalent amounts of direct assistance to the G-
8 Global Partnership against the Spread of Weapons and
Materials of Mass Destruction, as agreed upon in the Statement
by G-8 Leaders on June 27, 2002; and reach agreement, as
appropriate, to establish a unified Russian Federation official
debt reduction fund to manage and provide financial
transparency for the resources provided by creditor states
through debt reductions.
Sec. 1319. Implementation of United States policy
This section expresses the sense of Congress that
implementation of debt-for-nonproliferation programs with the
Russian Federation should be overseen by the coordinating
mechanism established pursuant to section 1334 of this Act.
This interagency committee is intended to coordinate all U.S.
Government nonproliferation programs in the former Soviet Union
and will be best situated to provide efficient and effective
oversight and management of both existing nonproliferation
programs and programs or projects resulting from any debt
reduction.
Sec. 1320. Consultations with Congress
This section requires the President to consult with the
appropriate congressional committees on a periodic basis to
review the implementation of this subtitle and the Russian
Federation's eligibility for debt reduction pursuant to this
subtitle.
Sec. 1321. Annual reports to Congress
This section requires the President, no later than
December 31, 2003, and annually by December 31 of each
subsequent year, to prepare and transmit to Congress a report
concerning actions taken to implement this subtitle during the
fiscal year preceding the fiscal year in which the report is
transmitted. The report shall include (1) a description of the
activities undertaken pursuant to this subtitle during the
fiscal year; (2) a description of the nature and amounts of the
loans reduced pursuant to this subtitle during the fiscal year;
(3) a description of any agreement entered into under this
subtitle; (4) a description of the progress during the fiscal
year of any projects funded pursuant to this subtitle; (5) a
summary of the results of relevant audits performed in the
fiscal year; and (6) a certification, if appropriate, that the
Russian Federation continues to meet the condition required by
section 1317(a) and an explanation as to why such certification
was or was not made.
SUBTITLE C--NONPROLIFERATION ASSISTANCE COORDINATION
Sec. 1331. Short title
This section states that this subtitle may be cited as
the ``Nonproliferation Assistance Coordination Act of 2002.''
Sec. 1332. Findings
This section states the findings of Congress. United
States nonproliferation efforts in the independent states of
the former Soviet Union have achieved important results in
keeping weapons of mass destruction and related material,
technology and knowledge out of the hands of terrorists and
rogue states. The many U.S. programs are managed by several
departments, however, and repeated studies have cited a lack of
effective coordination. For example, the Russia Task Force of
the Secretary of Energy Advisory Board, chaired by former
Senator (and now Ambassador) Howard Baker and former White
House counsel Lloyd Cutler, said of these programs:
``Coordination within and among U.S. Government agencies is
insufficient and must be improved.'' (Cited in Howard Baker and
Lloyd Cutler, Co-Chairs, Russia Task Force, Secretary of Energy
Advisory Board, A Report Card on the Department of Energy's
Nonproliferation Programs with Russia, January 10, 2001, p.
23.)
The Administration formed an interagency mechanism for
its review of these programs, and the Managers believe that a
similar approach is needed for continuing high-level
coordination among programs. Private sector spending and
foreign investment are increasingly important sources of
employment for ex-weapons scientists in the former Soviet
Union. Some of these efforts are channeled through U.S.
Government or U.S.-supported institutions like theDepartment of
Energy's Initiatives for Proliferation Prevention program, the State
Department's International Science and Technology Centers program and
the Cooperative Research and Development Foundation. The Managers also
believe that nongovernmental efforts, like those of Ted Turner's
Nuclear Threat Initiative, will also play an important role, however,
and the U.S. Government should coordinate its efforts with those of the
private sector.
Sec. 1333. Definitions
This section defines terms used in this subtitle. It
defines the term ``independent states of the former Soviet
Union'' to have the meaning given the term in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801). ``Appropriate committees
of Congress'' is defined to mean the Committees on Foreign
Relations, Armed Services, and Appropriations of the Senate and
the Committees on International Relations, Armed Services, and
Appropriations of the House of Representatives.
Sec. 1334. Establishment of committee on nonproliferation assistance
This section directs the President to establish a
mechanism to coordinate U.S. efforts in formulating and
carrying out programs for achieving nonproliferation and threat
reduction. This mechanism shall include: representatives
designated, respectively, by the Secretaries of State, Defense,
Energy, and Commerce, the Attorney General, and the Director of
the Office of Homeland Security or such successor department or
agency; and any other executive branch official the President
selects. Each department or agency representative should, to
the maximum extent possible, have been appointed by the
President with the advice and consent of the Senate. The
President shall designate the chair of the coordination
mechanism, and the chair may invite the head of any other
department or agency to send a representative to participate
from time to time in the activities of the coordinating
committee.
Sec. 1335. Purposes and authority
This section directs that the interagency coordination
mechanism should have the authority to commission analyses on
issues relating to coordination of nonproliferation assistance
programs within the U.S. Government, between the U.S. public
and private sectors, and between the United States and other
countries. Within the U.S. Government, the coordination
mechanism should provide guidance to coordinate, de-conflict
and maximize the utility of nonproliferation assistance
programs. It should also consider and make recommendations, as
necessary, to the President and Congress regarding proposals
for new legislation or regulations relating to U.S.
nonproliferation efforts in the independent states of the
former Soviet Union. Given the large number of departments and
congressional committees with a role in this effort, it will be
especially useful for the Administration to bring agencies
together and make coherent recommendations regarding the
increased nonproliferation efforts that are clearly required
today. As the aforementioned Baker-Cutler task force stated in
its report to the Secretary of Energy, ``[t]he most urgent
unmet national security threat to the United States today is
the danger that weapons of mass destruction or weapons-usable
material in Russia could be stolen and sold to terrorists or
hostile nation-states and used against American troops abroad
or citizens at home.'' (P. iii)
Sec. 1336. Administrative support
This section directs that all United States departments
and agencies shall provide, to the extent permitted by law,
such information and assistance as may be requested by the
coordination mechanism in carrying out its functions and
activities established pursuant to section 1334.
Sec. 1337. Confidentiality of information
This section assures that information which has been
submitted or received in confidence shall not be publicly
disclosed, except to the extent required by law, and such
information shall be used by the coordination mechanism only
for the purpose of carrying out the functions and activities
set forth in this subtitle. This section does not, in and of
itself, exempt such information from the Freedom of Information
Act. It is intended, rather, to underscore the need for
departmental representatives to discuss candidly the successes
and shortfalls of their nonproliferation assistance programs
and to enable committee members to ``think outside the box'' in
formulating guidance for executive branch programs and
recommendations to the President and Congress.
Sec. 1338. Statutory construction
Section 1338 makes clear that the Nonproliferation
Assistance Coordination Act of 2002 does not remove the
existing authority of any U.S. department or agency over
nonproliferation efforts in the independent states of the
former Soviet Union. The interagency coordination mechanism is
not to be an operational agency. This subtitle does not give it
the budgetary authority vested in the executive branch
departments or in the Office of Management and Budget. Neither
does this subtitle apply to any activity that is reportable
pursuant to title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.).
Sec. 1339. Reporting and consultation
Section 1339 stipulates that not later than 120 days
after each inauguration of a President of the United States of
America, the President shall submit a report to the Congress on
his or her general and specific nonproliferation and threat
reduction objectives and how the efforts of executive branch
agencies will be coordinated most effectively, pursuant to
section 1334 of this Act, to achieve those objectives.
SUBTITLE D--IRAN NUCLEAR PROLIFERATION PREVENTION ACT OF 2002
Sec. 1341. Short title
This section states that this subtitle may be cited as
the ``Iran Nuclear Proliferation Act of 2002.''
Sec. 1342. Withholding of voluntary contributions to the IAEA for
programs and projects in Iran
This section amends Section 307 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2227) by adding at the end the
following: ``(d) (1) Notwithstanding subsection (c), if the
Secretary of State determines that programs and projects of the
International Atomic Energy Agency in Iran are inconsistent
with United States nuclear nonproliferation and safety goals,
will provide Iran with training or expertise relevant to the
development of nuclear weapons, or are being used as a cover
for the acquisition of sensitive nuclear technology, the
limitations of subsection (a) shall apply to such programs and
projects, and the Secretary of State shall so notify the
appropriate congressional committees (as defined in section 3
of the Foreign Relations Authorization Act, Fiscal Year
2003.)''
Sec. 1343. Annual review by Secretary of State of programs and projects
of the IAEA; U.S. opposition to certain programs and projects
of the agency
This section directs the Secretary to undertake a
comprehensive annual review of all programs and projects of the
International Atomic Energy Agency (IAEA) in the countries
described in section 307(a) of the Foreign Assistance Act of
1961 (U.S.C. 2227(a)) and shall determine if such programs and
projects are consistent with United States nuclear
nonproliferation and safety goals. The Secretary shall also,
not later than one year after the date of enactment of this
Act, and on an annual basis thereafter for five years, submit
to Congress a report containing the results of this review.
This section also directs the Secretary to direct the
United States representative to the International Atomic Energy
Agency to oppose programs of the Agency that are determined by
the Secretary under the review conducted under subsection
(a)(1) to be inconsistent with nuclear nonproliferation and
safety goals of the United States.
Sec. 1344. Reporting requirements
This section requires that, not later than 180 days after
the date of enactment of this Act, and on an annual basis
thereafter for five years, the Secretary, in consultation with
the United States representative to the International Atomic
Energy Agency, shall prepare and submit to Congress a report
that contains (1) a description of the total amount of annual
assistance to Iran from the International Atomic Energy Agency;
(2) a list of Iranian officials in leadership positions at the
Agency; (3) the expected time frame for the completion of the
nuclear power reactors at the Bushehr nuclear power plant; (4)
a summary of the nuclear materials and technology transferred
to Iran from the Agency in the preceding year that could assist
in the development of Iran's nuclear weapons program; and (5) a
description of all programs and projects of the International
Atomic Energy Agency in each country described in section
307(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2227(a)) and any inconsistencies between the technical
cooperation and assistance programs and projects of the Agency
and United States nuclear nonproliferation and safety goals in
those countries. The report required to be submitted under
subsection (a) shall be submitted in an unclassified form, to
the extent appropriate, but may include a classified annex.
Sec. 1345. Sense of Congress
This section states the sense of Congress that the
President should pursue internal reforms at the International
Atomic Energy Agency that will ensure that all programs and
projects funded under the Technical Cooperation and Assistance
Fund of the Agency are compatible with United States nuclear
nonproliferation policy and international nuclear
nonproliferation norms. Pursuant to section 307 of the Foreign
Assistance Act, the Managers note the continued restrictions in
that provision regarding Cuba which include limitations on U.S.
funding for IAEA technical cooperation activities in that
country.
Title XIV--Expediting the Munitions Licensing Process
Sec. 1401. License officer staffing
This section authorizes $10,000,000 for fiscal year 2003
to be appropriated for ``Diplomatic and Consular Programs'' for
salaries and expenses of the Office of Defense Trade Controls
of the Department. This section also requires that, effective
January 1, 2003, the Secretary shall assign to the Office of
Defense Trade Controls of the Department a sufficient number of
license review officers to ensure that the average weekly
caseload for each officer does not routinely exceed 40. It is
important to note that, given the qualitative differences
between individual cases (e.g., in their technical complexity),
the caseload for some license review officers might
appropriately be significantly fewer than 40 cases per week.
Finally, given the priority placed on expedited license
reviews in recent years by the Department of Defense, this
section states that the Secretary of Defense should ensure that
military officers are continuously detailed to the Office of
Defense Trade Controls of the Department of State on a
nonreimbursable basis.
Sec. 1402. Funding for database automation
This section directs that of the amount authorized to be
appropriated under the appropriations account of the Department
entitled ``Capital Investment Fund'' for fiscal year 2003,
$4,000,000 is authorized to be available for the Office of
Defense Trade Controls of the Department for the modernization
of information management.
Sec. 1403. Information management priorities
Sec. 1403 requires the Secretary to establish a secure,
Internet-based system for the filing and review of applications
for export of United States Munitions List items. Of the amount
made available pursuant to section 1402, $3,000,000 is
authorized to be available to fully automate the Defense Trade
Application System, and to ensure that the system: (1) is a
secure, electronic system for the filing and review of
Munitions List license applications; (2) is accessible by
United States companies through the Internet for the purpose of
filing and tracking their Munitions List license applications;
and (3) is capable of exchanging data with the Export Control
Automated Support System of the Department of Commerce, the
Foreign Disclosure and Technology Information System and the
USXPORTS systems of the Department of Defense, the Export
Control System of the Central Intelligence Agency, and the
Proliferation Information Network System of the Department of
Energy.
Sec. 1404. Improvements to the automated export system
Section 1404 mandates that the Secretary of Commerce,
with the concurrence of the Secretary of State and the
Secretary of the Treasury, publish regulations in the Federal
Register to require, upon the effective date of those
regulations, filing through the Automated Export System for the
remainder of exports that were not covered by regulations
issued pursuant to section 1252(b) of the Security Assistance
Act of 1999 (113 Stat. 1501A at 1536, as enacted into law by
section 1000(a)(7) of Public Law 106-113; 13 U.S.C. 301 note).
This section also requires the Secretary of State to
conclude an information-sharing arrangement with the heads of
the United States Customs Service and the Census Bureau to
adjust the Automated Export System to parallel information
currently collected by the Department of State.
This section also significantly increases the penalties
for failure to file export declarations through the Automated
Export System and for knowingly failing to file or filing
misleading export information through the Shippers Export
Declaration (or any successor document) or the Automated Export
System. It sets forth procedures for civil penalty imposition
by the Department of Commerce, but permits other agencies to
use their own procedures if the Secretary of Commerce delegates
enforcement functions to them. It also authorizes the Secretary
of Commerce to designate officers or employees of the Office of
Export Enforcement to conduct investigations pursuant to
chapter 9 of title 13 of the U.S. Code (on the census). 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. The
Commissioner of Customs is given similar authority to designate
officers or employees of the Customs Service to enforce the
provisions of this chapter, or to conduct investigations
pursuant to this chapter. Finally, this section authorizes the
Secretary of Commerce to promulgate regulations for the
implementation and enforcement of this section. The criminal
fines provided for in this section are exempted from the
provisions of section 3571 of title 18, United States Code. A
clerical amendment to the table of sections at the beginning of
chapter 9 of title 13, United States Code, strikes the item
relating to section 305 and inserts, ``305. Penalties for
unlawful export information activities.''
Sec. 1405. Adjustment of threshold amounts for congressional review
purposes
Pursuant to section 36 of the Arms Export Control Act,
the Senate Committee on Foreign Relations and the House
International Relations Committee receive prior notice of
hundreds of arms sales each year. As inflation and improved
technology have raised the cost of weapons systems, the old
dollar thresholds in the law have forced the reporting of more
and more export licenses that are of no substantive interest to
either committee, but that necessarily subject U.S. companies
to additional delays due to the requirement for congressional
consideration.
This section sets new prior notice thresholds of
$25,000,000 for major defense equipment and $100,000,000 for
other items, and $300,000,000 for design and construction
services, which will apply to most sales to NATO members,
Australia, Japan or New Zealand. The one exception will be
sales to one or more of those countries that incorporate a new
or increased sales territory that includes a country outside of
that group. The Managers believe that approval of such a sales
territory is tantamount to approving future sales to the listed
countries, and sometimes such third-country sales pose security
or policy concerns. The Managers note that discussions on the
issue of notification thresholds with the Department of State
and the Department of Defense will continue in the coming year.
Sec. 1406. Congressional notification of removal of items from the
munitions list
This section requires the President to provide 30 days'
notice to the Congress in accordance with the procedures
applicable to reprogramming justifications under section
634A(a) of the Foreign Assistance Act of 1961 of any items
proposed to be removed from the Munitions List. The Defense
Trade Security Initiative calls for a review of the Munitions
List every 4 years. The Managers understand that the
Administration is currently reviewing a portion of the list to
determine if items warrant removal from the list. While the
recent completion of the review of one-quarter of the Munitions
List did not remove any items to the detriment of U.S. national
security, the Managers believe that the oversight
responsibilities of Congress with regard to the sale of lethal
military arms would be prudently exercised by the opportunity
to review under these procedures any proposed deletions to the
Munitions List. The Managers trust that continued consultation
with the Department of State over the ongoing review of and
changes to the Munitions List will allow any alterations to the
Munitions List to occur without undue delay, controversy, or
diminution of U.S. national security.
Title XV--National Security Assistance Strategy
Sec. 1501. Briefing on the strategy
Foreign Military Financing (FMF), transfers of excess
defense articles (EDA), and International Military Education
and Training (IMET) are justified not simply in military terms,
but as contributions to the overall national security of the
United States. The fact that they are authorized in the Foreign
Assistance Act of 1961 and the Arms Export Control Act reflects
a recognition that they are intended primarily to serve foreign
policy objectives.
It can be most difficult, however, to keep foreign policy
objectives in the forefront when the details of program
implementation involve detailed issues of military efficiency
at home and abroad. The Managers believe that the State
Department must develop a national security assistance strategy
that integrates the FMF, EDA and IMET programs, on a country-
by-country basis, into the National Security Strategy of the
United States. This will bring greater coherence to those
programs and ensure that they achieve maximum benefits for U.S.
foreign policy. The Managers appreciate the fact that relevant
officials are trying to impose greater strategic and policy
discipline on these programs, and they expect to see tangible
results in this regard.
This section directs that, no later that March 31, 2003,
officials of the Department of State and the Department of
Defense shall brief the appropriate congressional committees
regarding their plans and progress in formulating and
implementing a national security assistance strategy. This
briefing shall include: (a) how, and to what extent, the
elements of the strategy recommended in section 501(b) of the
Security Assistance Act of 2000 (22 U.S.C. 2305(b)) have been
or will be incorporated in security assistance plans and
decisions; (b) the number of out-years considered in the
strategy; (c) actions taken to include the programs listed in
section 501(c) of the Security Assistance Act of 2000 (22
U.S.C. 2305(c)), as well as similar programs of military
training or other assistance to the military or security forces
of a foreign country; (d) how a national security assistance
strategy is being implemented regarding specific countries; (e)
any programmatic changes adopted or expected as a result of
adopting a strategic approach to security assistance
policymaking; (f) any obstacles encountered in formulating or
implementing a national security assistance strategy; and (g)
any resources or legislative needs highlighted by this process.
It is especially important to include similar programs other
than FMF, EDA, and IMET, so that uniform policy and standards
are maintained over all such programs.
Sec. 1502. Security assistance surveys
This section encourages the Secretary of State to use
security assistance surveys in the preparation of a national
security assistance strategy. This section also authorizes
$2,000,000 to be available to the Secretary to conduct security
assistance surveys, or request such surveys by the Department
of Defense or other U.S. agencies on a reimbursable basis.
Title XVI--Miscellaneous Provisions
Sec. 1601. Nuclear and missile nonproliferation in South Asia
The war against terrorism has made South Asia a military
theater of operations and has produced new, cooperative
relations between the United States and both India and
Pakistan. It has not reduced, however, the risk that this
region will contribute to the proliferation, or even the use,
of nuclear weapons. Indeed, concern over the security of
special nuclear material in South Asia has been heightened by
the increased tension in the area. In promulgating a statement
of United States policy on nonproliferation objectives in South
Asia, the Managers intend that the executive branch maintain
and demonstrate a high priority for these concerns. Osama bin
Laden's efforts to acquire weapons of mass destruction make
clear that nonproliferation is now part and parcel of the war
on terrorism, and not a subsidiary issue. The Committee also
intends that all U.S. policy and actions on nuclear issues in
South Asia be consistent with United States obligations under
the Treaty on the Non-Proliferation of Nuclear Weapons (21
U.S.T. 483) and with past U.S. policy on these matters.
To this end, subsection (a) states that it shall be the
policy of the United States, consistent with its obligations
under the Treaty on the Non-Proliferation of Nuclear Weapons,
to encourage and work with the governments of India and
Pakistan to achieve nonproliferation objectives by September
30, 2003, including: the continuation of a nuclear testing
moratorium; a commitment not to deploy nuclear weapons or
ballistic missiles that can carry nuclear weapons and to
restrain the ranges and types of missiles developed or
deployed; agreement by both governments to bring their export
controls in accord with the guidelines established by the major
international nonproliferation regimes; establishment of a
modern, effective system to control the export of sensitive
dual-use items, technology, technical information, and materiel
that can be used in the design, development, or production of
weapons of mass destruction and ballistic missiles; and
bilateral meetings between senior Indian and Pakistani
officials to discuss security issues and establish confidence-
building measures with respect to nuclear policies and
programs.
Subsection (b) states that it shall be the policy of the
United States, consistent with its obligations under the Treaty
on the Nonproliferation of Nuclear Weapons, to encourage and,
where appropriate, to work with the Governments of India and
Pakistan to achieve not later than September 30, 2003, the
establishment by those governments of modern, effective systems
to protect and secure their nuclear devices and materiel from
unauthorized use, accidental employment, or theft. Any such
dialogue with India or Pakistan would not be represented or
considered, nor would it be intended, as granting any
recognition to India or Pakistan, as appropriate, as a nuclear
weapon state (as defined in the Treaty on the Non-Proliferation
of Nuclear Weapons).
Finally, this section requires the President to submit,
not later than March 1, 2003, to the appropriate congressional
committees a report describing United States efforts to achieve
the objectives listed in subsections (a) and (b), the progress
made toward the achievement of those objectives, and the
likelihood that each objective will be achieved by September
30, 2003.
Sec. 1602. Real-time public availability of raw seismological data
One area in which policy and science both benefit from
close collaboration is seismology--the study of disturbances in
the earth's crust. Scientists measure seismic waves primarily
to study earthquakes and to differentiate them from rock falls
and man-made explosions. Public benefits from this work have
included a better understanding of earthquakes, improved
ability to warn of possible tsunamis so that people can move to
higher ground, monitoring of volcanos for public safety
purposes, improved techniques to locate oil reserves, and the
detection and characterization of nuclear weapons tests. Data
gathered for national security reasons can in turn be of great
use to science. Pursuant to the Comprehensive Nuclear Test-Ban
Treaty, an International Monitoring System (IMS) is being put
in place that will link 170 seismic monitoring stations,
including some that are new or in locations to which outside
observers have not previously had access. The United States
participates in the development of the IMS and receives near-
real time data from the seismic and other sensors in that
system.
These data, if made available to scientists in a timely
fashion, would improve worldwide earthquake monitoring
capabilities. Combining IMS data with seismological data from
sites outside the IMS will, in turn, enable scientists to
assist governments--including our own--in determining whether
an unusual seismic event was a nuclear weapons test. The United
States has pressed for near-real time release of IMS data to
the public, but has not achieved international consensus in
favor of that.
The Managers believe that more must be done to bring
about the timely release of these data. The case for letting
all the world's experts obtain these data in a timely fashion
is one that every country should understand: more complete data
and competitive analysis decrease the risk that an event will
be misinterpreted. And if, as appears to be the case, nearly
all countries accept this argument, then they ought to act upon
that, either through appropriate international organizations or
through separate bilateral or multilateral agreements regarding
each country's data.
Section 1602 directs the head of the Air Force Technical
Applications Center (AFTAC) to make available to the public, as
soon as possible after receipt, all raw seismological data
provided to the United States Government by any international
monitoring organization that is directly responsible for
seismological monitoring. AFTAC is the U.S. Government agency
that gathers these data, so its director is an appropriate
official to release them.
Sec. 1603. Detailing U.S. governmental personnel to international arms
control and nonproliferation organizations
United States Government personnel have performed
important work for international organizations over the years.
One well-known example was UNSCOM, the United Nations Special
Commission in Iraq, which conducted inspections in that country
in an effort to locate and destroy weapons of mass destruction
capabilities. Such details of U.S. personnel serve both our own
national interest and the world's need for technical and
logistical expertise in these crucial organizations. Too often,
however, the personnel detailed to international organizations
find that their careers suffer because they have spent months
or years away from their home offices and outside normal
personnel career paths. This section directs the Secretary of
State to develop measures whereby U.S. personnel may be
detailed to international arms control and nonproliferation
organizations without having their careers suffer, and to
report to the appropriate committees no later than May 1, 2003,
on measures taken.
Sec. 1604. Diplomatic presence overseas
As the events since September 11, 2001, have made all too
clear, antiterrorism and nonproliferation are increasingly
important elements of American foreign and national security
policy. These are not issues that America can handle alone.
Rather, we must enlist other nations to do their part as well,
both at home and in international fora. To meet the challenges
of the 21st century, U.S. missions overseas must have high-
level personnel who have both language training and substantive
expertise in nonproliferation and political military affairs.
This section authorizes the Secretary of State to create
the position of Counselor for Nonproliferation and Political
Military Affairs at U.S. missions overseas, to be filled by
career Civil Service officers or Foreign Service officers who
will receive, as a rule, 10 months of special substantive or
language training before assuming their posts.
Sec. 1605. Compliance with the Chemical Weapons Convention
On April 24, 1997, the Senate provided its advice and
consent to ratification of the Chemical Weapons Convention
subject to the condition, among others, that the President
certify that no sample collected in the United States pursuant
to the Convention will be transferred for analysis to any
laboratory outside the territory of the United States. Congress
enacted the same condition into law as section 304(f)(1) of the
Chemical Weapons Convention Implementation Act of 1998 (22
U.S.C. 6724(f)(1)). Part II, paragraph 57, of the Verification
Annex of the Convention requires that all samples requiring
off-site analysis under the Convention shall be analyzed by at
least two laboratories that have been designated as capable of
conducting such testing by the Organization for the Prevention
of Chemical Weapons (OPCW). The only United States laboratory
currently designated by the OPCW is the United States Army
Edgewood Forensic Science Laboratory.
In order to comply with the Chemical Weapons Convention,
the certification submitted pursuant to condition (18) of the
resolution of ratification of the Chemical Weapons Convention,
and section 304 of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6724), the United States
must possess, at a minimum, a second OPCW-designated
laboratory. The possession of a second laboratory is especially
necessary in view of the potential for a challenge inspection
to be initiated against the United States by a foreign nation.
To qualify as a designated laboratory, a laboratory must be
certified under ISO Guide 25 or a higher standard, and complete
three proficiency tests. The laboratory must have the full
capability to handle substances listed on Schedule 1 of the
Annex on Schedules of Chemicals of the Convention. Inorder to
handle such substances in the United States, a laboratory also must
operate under a bailment agreement with the United States Army.
Several existing United States commercial laboratories
have approved quality control systems, already possess bailment
agreements with the United States Army, and have the
capabilities necessary to obtain OPCW designation. The Managers
believe that, in order to safeguard samples taken on U.S.
territory and bolster the legitimacy of the analysis of those
samples, thereby protecting the proprietary and business
interests of U.S. firms, and to promote similar transparency
and confidence when inspections are conducted abroad, one of
the United States designated laboratories should not be a U.S.
Government facility.
This section therefore requires that the United States
National Authority, by June 1, 2003, select a nongovernmental
laboratory to pursue designation by the OPCW. A report is
required by March 1, 2003, detailing a plan for securing OPCW
designation of a third United States laboratory by December 1,
2004. With three designated U.S. laboratories, the OPCW could
randomly send a real sample to two laboratories and a false
sample to the third, so that a laboratory would never be sure
what sample it was analyzing. This approach, which is in
keeping with OPCW intent worldwide, would reduce significantly
the value of any espionage information that a country or
company might hope to gain by infiltrating a laboratory.
Title XVII--Authority to Transfer Naval Vessels
Sec. 1701. Authority to transfer naval vessels to certain foreign
countries
This section authorizes the President to transfer vessels
to foreign countries on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) as follows:
(1) Poland.--To the Government of Poland, the Oliver
Hazard Perry class guided missile frigate Wadsworth (FFG 9);
(2) Turkey.--To the Government of Turkey, the Knox
class frigates Capodanno (FF 1093), Thomas C. Hart (FF 1092),
Donald B. Beary (FF 1085), McCandless (FF 1084), Reasoner (FF
1063), and Bowen (FF 1079).
This section also authorizes the President to transfer
vessels to foreign governments and foreign governmental
entities on a sale basis under section 21 of the Arms Export
Control Act (22 U.S.C. 2761) as follows:
(1) Mexico.--To the Government of Mexico, the Newport
class tank landing ship Frederick (LST 1184);
(2) Taiwan.--To the Taipei Economic and Cultural
Representative Office in the United States (which is the Taiwan
instrumentality designated pursuant to section 10(a) of the
Taiwan Relations Act), the Kidd class guided missile destroyers
Kidd (DDG 993), Callaghan (DDG 994), Scott (DDG 995), and
Chandler (DDG 996);
(3) Turkey.--To the Government of Turkey, the Oliver
Hazard Perry class guided missile frigates Estocin (FFG 15) and
Samuel Eliot Morison (FFG 13).
This section also states that the value of a vessel
transferred to another country on a grant basis under section
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j)
pursuant to authority provided by subsection (a) shall not be
counted for the purposes of subsection (g) of that section in
the aggregate value of excess defense articles transferred to
countries under that section in any fiscal year.
This section states further that any expense incurred by
the United States in connection with a transfer authorized by
this section shall be charged to the recipient (notwithstanding
section 516(e)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(e)(1)) in the case of a transfer authorized to be
made on a grant basis.
This section also directs that, for a vessel transferred
on a grant basis to Turkey, the President may waive
reimbursement of charges for the lease of that vessel under
section 61(a) of the Arms Export Control Act (22 U.S.C.
2796(a)) for a period of one year before the date of the
transfer of that vessel.
This section also directs that, to the maximum extent
practicable, the President shall require, as a condition of the
transfer of a vessel under this section, that the country to
which the vessel is transferred have such repair or
refurbishment of the vessel as is needed, before the vessel
joins the naval forces of that country, be performed at a
shipyard located in the United States, including a United
States Navy shipyard.
Finally, the authority to transfer a vessel under this
section shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
From the Committee on International Relations,
for consideration of the House bill and the
Senate amendment, and modifications committed
to conference:
Henry Hyde,
Christopher H. Smith,
Tom Lantos,
Howard L. Berman,
Ileana Ros-Lehtinen,
From the Committee on the Judiciary for
consideration of sections 234, 236, 709, 710,
and 844 and section 404 of the Senate
amendment, and modifications committed to
conference:
F. James Sensenbrenner,
John Conyers, Jr.,
Managers on the Part of the House.
Joe Biden,
Paul S. Sarbanes,
Chris Dodd,
John F. Kerry,
Jesse Helms,
Dick Lugar,
Chuck Hagel,
Managers on the Part of the Senate.