[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1401 Placed on Calendar Senate (PCS)]
Calendar No. 149
107th CONGRESS
1st Session
S. 1401
[Report No. 107-60]
To authorize appropriations for the Department of State and for United
States international broadcasting activities for fiscal years 2002 and
2003, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 4, 2001
Mr. Biden, from the Committee on Foreign Relations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for the Department of State and for United
States international broadcasting activities for fiscal years 2002 and
2003, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Relations Authorization Act,
Fiscal Years 2002 and 2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
Sec. 101. Administration of foreign affairs.
Sec. 102. United States educational, cultural, and public diplomacy
programs.
Sec. 103. Contributions to international organizations.
Sec. 104. International commissions.
Sec. 105. Migration and refugee assistance.
Sec. 106. Grants to The Asia Foundation.
Subtitle B--United States International Broadcasting Activities
Sec. 111. Authorizations of appropriations.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
Sec. 201. Emergency evacuation services.
Sec. 202. Application of earmarks and minimum funding requirements in
laws authorizing appropriations.
Sec. 203. Special agent authorities.
Sec. 204. Retention of portion of claims payments for the International
Litigation Fund.
Sec. 205. Foreign Relations Historical Series.
Sec. 206. Expansion of eligibility for award of certain construction
contracts.
Sec. 207. Repeal of provision regarding housing for foreign
agricultural attache.
Sec. 208. International chancery center.
Sec. 209. Travel to Great Lakes fisheries meetings.
Sec. 210. Correction of Fishermen's Protective Act of 1967.
Sec. 211. State Department records of overseas deaths of United States
nationals from nonnatural causes.
Sec. 212. United States policy with respect to Jerusalem as the capital
of Israel.
Sec. 213. Use of funds received by the International Boundary and Water
Commission.
Sec. 214. Fee collections relating to intercountry adoptions and
affidavits of support.
Subtitle B--Educational, Cultural, and Public Diplomacy Authorities
Sec. 221. Allocation of funds transferred to the Bureau of Educational
and Cultural Affairs.
Sec. 222. Action plan related to public diplomacy activities.
Sec. 223. Advisory Committee on Cultural Diplomacy.
Sec. 224. Chinese Language Scholars Program.
Sec. 225. Allocation of funds for American Corners in the Russian
Federation.
Sec. 226. Conforming amendments.
Subtitle C--Consular Authorities
Sec. 231. Machine readable visas.
Sec. 232. Consular fees.
Sec. 233. Report on visa issuance to inadmissible aliens.
Sec. 234. Denial of entry into United States of Chinese and other
nationals engaged in coerced organ or
bodily tissue transplantation.
Subtitle D--Migration and Refugees
Sec. 241. United States membership in the International Organization
for Migration.
Sec. 242. United States policy regarding the involuntary return of
refugees.
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. Elimination of position of Deputy Secretary of State for
Management and Resources.
Subtitle B--Personnel Matters
Sec. 311. Thomas Jefferson Star for Foreign Service.
Sec. 312. Presidential rank awards.
Sec. 313. Clarification of separation for cause.
Sec. 314. Family visitation travel for dependents.
Sec. 315. Health education and disease prevention programs.
Sec. 316. Correction of time limit for grievance filing.
Sec. 317. Training authorities.
Sec. 318. Unaccompanied air baggage.
Sec. 319. Emergency medical advance payments.
Sec. 320. Retirement credit for certain Government service performed
abroad.
Sec. 321. Computation of Foreign Service retirement annuities as if
Washington, D.C., locality-based
comparability payments were made to
overseas stationed Foreign Service members.
Sec. 322. Plan for improving recruitment of veterans into the Foreign
Service.
TITLE IV--INTERNATIONAL ORGANIZATIONS
Sec. 401. Payment of second installment of arrearages.
Sec. 402. Payment of third installment of arrearages.
Sec. 403. Transmittal of certifications to Congress.
Sec. 404. Reports to Congress on contributions to the United Nations.
Sec. 405. Limitation on the United States share of assessments for
United Nations peacekeeping operations in
calendar years 2001 through 2003.
Sec. 406. Limitation on the United States share of assessments for
United Nations regular budget.
Sec. 407. Sense of Congress relating to the payment of the United
States share of assessments for the United
Nations regular budget.
Sec. 408. Zero growth United Nations budget.
Sec. 409. Membership on Commission on Human Rights and International
Narcotics Control Board.
Sec. 410. Action plan for enhanced Department of State efforts to place
United States nationals in positions of
employment in the United Nations and its
specialized agencies.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
Sec. 501. Redesignation of the Broadcasting Board of Governors as the
United States International Broadcasting
Agency.
Sec. 502. Special authority for surge capacity.
Sec. 503. Dissemination of the Voice of America Special English
Service's programming in the United States.
Sec. 504. Modification of limitation on grant amounts to RFE/RL,
Incorporated.
Sec. 505. Grants for Radio Free Asia.
Sec. 506. Pay parity for senior executives of RFE/RL, Incorporated.
Sec. 507. Authority to contract for local broadcasting services outside
the United States.
Sec. 508. Personal services contracting pilot program.
Sec. 509. Travel by Voice of America correspondents.
Sec. 510. Conforming amendments.
TITLE VI--REPORTING REQUIREMENTS
Sec. 601. Elimination of certain reporting requirements.
Sec. 602. Report relating to Commission on Security and Cooperation in
Europe.
Sec. 603. Briefings on potential purchases of defense articles or
defense services by Taiwan.
Sec. 604. Annual reports on United States-Vietnam human rights dialogue
meetings.
Sec. 605. Semiannual reports on expenditures made from appropriation
for ``Emergencies in the Diplomatic and
Consular Service''.
Sec. 606. Report concerning elimination of Colombian opium.
Sec. 607. Report concerning the German Foundation ``Remembrance,
Responsibility, and the Future''.
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--Middle East Peace Commitments Act of 2001
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Reports.
Sec. 704. Imposition of sanctions.
Subtitle B--Tibet Policy
Sec. 711. Short title.
Sec. 712. Statement of purpose.
Sec. 713. Tibet negotiations.
Sec. 714. Reporting on Tibet.
Sec. 715. Congressional-Executive Commission on the People's Republic
of China.
Sec. 716. Economic development on the Tibetan plateau.
Sec. 717. Release of prisoners and access to prisons.
Sec. 718. Establishment of a United States branch office in Lhasa,
Tibet.
Sec. 719. Requirement for Tibetan language training.
Sec. 720. Religious persecution in Tibet.
Subtitle C--East Timor Transition to Independence Act of 2001
Sec. 731. Short title.
Sec. 732. Bilateral assistance.
Sec. 733. Multilateral assistance.
Sec. 734. Trade and investment assistance.
Sec. 735. Generalized system of preferences.
Sec. 736. Peace Corps activities.
Sec. 737. Security assistance for East Timor.
Sec. 738. Authorization of United States diplomatic mission to East
Timor.
Sec. 739. Reporting requirement.
Subtitle D--Reform of Certification Procedures Applicable to Certain
Drug Producing or Trafficking Countries
Sec. 741. Findings.
Sec. 742. Three-year modification of procedures relating to assistance
for major drug-transit and major illicit
drug producing countries.
Sec. 743. Sense of Congress on enhanced international narcotics
control.
Sec. 744. Inclusion of major foreign drug trafficking organizations in
international narcotics control strategy
report.
Sec. 745. Judicial review under Foreign Narcotics Kingpin Designation
Act.
Subtitle E--Clean Water for the Americas Partnership
Sec. 751. Short title.
Sec. 752. Definitions.
Sec. 753. Establishment of program.
Sec. 754. Environment assessment.
Sec. 755. Establishment of Technology America Centers.
Sec. 756. Promotion of water quality, water treatment systems, and
energy efficiency.
Sec. 757. Grants for prefeasibility studies within a designated
subregion.
Sec. 758. Clean Water Technical Support Committee.
Sec. 759. Authorization of appropriations.
Sec. 760. Report.
Sec. 761. Termination date.
Sec. 762. Effective date.
Subtitle F--Other Matters
Sec. 771. Amendments to the International Religious Freedom Act of
1998.
Sec. 772. Extension of authority for Caucus on International Narcotics
Control.
Sec. 773. Human Rights and Democracy Fund.
Sec. 774. Reports on actions taken by the United States to encourage
respect for human rights.
Sec. 775. Program to improve building construction and practices in
Latin American countries.
Sec. 776. Support for accountability of persons responsible for
committing war crimes and other human
rights abuses in Sierra Leone.
Sec. 777. Transfer of proscribed weapons to persons or entities in the
West Bank and Gaza.
Sec. 778. Sense of Congress relating to global warming.
Sec. 779. Sense of Congress relating to environmental contamination and
other adverse health effects in the
Philippines emanating from former United
States military facilities.
Sec. 780. Sense of Congress on Bolivia.
Sec. 781. Sense of Congress on return of portraits of Holocaust victims
to the artist Dina Babbitt.
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.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.
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'', $3,730,140,000
for the fiscal year 2002 and $4,103,154,000 for the
fiscal year 2003.
(B) Worldwide security upgrades.--Of the amounts
authorized to be appropriated by subparagraph (A),
$512,735,000 for the fiscal year 2002 and $564,009,000
for the fiscal year 2003 are authorized to be
appropriated only for worldwide security upgrades.
(2) Capital investment fund.--For ``Capital Investment
Fund'', $210,000,000 for the fiscal year 2002 and $231,000,000
for the fiscal year 2003.
(3) Embassy security, construction and maintenance.--
(A) In general.--For ``Embassy Security,
Construction and Maintenance'', $475,046,000 for the
fiscal year 2002, and $522,551,000 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 2002 and
$9,450,000 for the fiscal year 2003.
(5) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $10,000,000
for the fiscal year 2002 and $10,500,000 for the fiscal year
2003.
(6) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service'',
$15,500,000 for the fiscal year 2002 and $16,275,000 for the
fiscal year 2003.
(7) Repatriation loans.--For ``Repatriation Loans'',
$1,219,000 for the fiscal year 2002 and $1,250,000 for the
fiscal year 2003.
(8) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $17,044,000
for the fiscal year 2002 and $17,896,000 for the fiscal year
2003.
(9) Office of the inspector general.--For ``Office of the
Inspector General'', $29,264,000 for the fiscal year 2002 and
$30,435,000 for the fiscal year 2003.
SEC. 102. 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 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 2002 and
$150,000,000 for the fiscal year 2003.
(ii) Vietnam fulbright academic exchange
program.--Of the amounts authorized to be
appropriated by clause (i), $5,000,000 for the
fiscal year 2002 and $5,000,000 for the fiscal
year 2003 shall be available only 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).
(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 2002 and
$136,000,000 for the fiscal year 2003.
(ii) Tibetan exchanges.--Of the amounts
authorized to be appropriated by clause (i),
$500,000 for the fiscal year 2002 and $500,000
for the fiscal year 2003 are authorized to be
available for ``Ngawang Choephel Exchange
Programs'' (formerly known as ``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
amounts authorized to be appropriated by clause
(i), $500,000 for the fiscal year 2002 and
$500,000 for the fiscal year 2003 are
authorized to be available for ``East Timorese
Scholarships''.
(iv) Montenegro parliamentary
development.--Of the amounts authorized to be
appropriated by clause (i), $1,000,000 for the
fiscal year 2002 and $1,000,000 for the fiscal
year 2003 are authorized only for a program of
parliamentary development and exchanges in
Montenegro.
(2) National endowment for democracy.--For the ``National
Endowment for Democracy'', $36,000,000 for the fiscal year 2002
and $40,000,000 for the fiscal year 2003.
(3) 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 2002 and $15,000,000 for the fiscal year 2003.
(4) Reagan-fascell democracy fellows.--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, $1,000,000 for the fiscal year
2002 and $1,000,000 for the fiscal year 2003.
SEC. 103. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) Assessed Contributions to International Organizations.--
(1) Authorization of appropriations.--There are authorized
to be appropriated under the heading ``Contributions to
International Organizations'' $1,144,000,000 for the fiscal
year 2002 and $913,917,000 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
amounts authorized to be appropriated under the heading
``Contributions to International Organizations'' for fiscal
year 2002 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
are authorized to be appropriated under the heading ``Contributions for
International Peacekeeping Activities'' $844,139,000 for the fiscal
year 2002 and $844,139,000 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) Foreign Currency Exchange Rates.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated by subsection (a), there
are authorized to be appropriated such sums as may be necessary
for each of the fiscal years 2002 and 2003 to offset adverse
fluctuations in foreign currency exchange rates.
(2) Availability of funds.--Amounts appropriated under this
subsection shall be available for obligation and expenditure
only to the extent that the Director of the Office of Management and
Budget determines and certifies to Congress that such amounts are
necessary due to such fluctuations.
(d) 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. 104. 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'', $7,452,000 for
the fiscal year 2002 and $7,825,000 for the fiscal year
2003; and
(B) for ``Construction'', $25,654,000 for the
fiscal year 2002 and $26,937,000 for the fiscal year
2003.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States
and Canada'', $989,000 for the fiscal year 2002 and $1,038,000
for the fiscal year 2003.
(3) International joint commission.--For ``International
Joint Commission'', $7,282,000 for the fiscal year 2002 and
$7,646,000 for the fiscal year 2003.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $19,780,000 for the
fiscal year 2002 and $20,769,000 for the fiscal year 2003.
SEC. 105. MIGRATION AND REFUGEE ASSISTANCE.
(a) In General.--There are authorized to be appropriated for the
Department for ``Migration and Refugee Assistance'' for authorized
activities, $715,000,000 for the fiscal year 2002 and $750,750,000 for
the fiscal year 2003.
(b) Allocation of Funds.--Of the amounts authorized to be
appropriated by subsection (a), not less than $60,000,000 is authorized
to be available for each of the fiscal years 2002 and 2003 for the
resettlement of refugees in Israel.
SEC. 106. 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 are authorized to be appropriated to the
Secretary of State $15,000,000 for the fiscal year 2002 and $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. 111. AUTHORIZATIONS OF APPROPRIATIONS.
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'', $463,806,000 for the fiscal year 2002,
and $486,996,000 for the fiscal year 2003.
(B) Allocation of funds.--Of the amounts authorized
to be appropriated by subparagraph (A) for the fiscal
years 2002 and 2003, there are authorized to be
available for Radio Free Asia $30,000,000 for the
fiscal year 2002 and $33,000,000 for the fiscal year
2003.
(2) Broadcasting capital improvements.--For ``Broadcasting
Capital Improvements'', $22,900,000 for the fiscal year 2002
and $20,000,000 for the fiscal year 2003.
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
extent feasible, with such reimbursements to be
credited to the applicable Department of State
appropriation and to remain available until
expended;''.
SEC. 202. APPLICATION OF EARMARKS AND MINIMUM FUNDING REQUIREMENTS IN
LAWS AUTHORIZING APPROPRIATIONS.
Section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680) is amended by adding at the end the following new
subsection:
``(c)(1) Whenever a provision of law expresses an earmark or
minimum funding requirement with respect to an amount or amounts
authorized to be appropriated to the Department of State, the provision
shall apply to appropriations made pursuant to that authority unless
the provision is specifically superseded, modified, stricken, or
repealed by an Act enacted after the date of enactment of the provision
of law expressing the earmark or requirement.
``(2) In this subsection, the term `earmark' means a sum that is
available only for a particular purpose, country, program, project, or
activity.''.
SEC. 203. SPECIAL AGENT AUTHORITIES.
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.''.
SEC. 204. RETENTION OF PORTION OF CLAIMS PAYMENTS FOR THE 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 Department of State
shall retain 1.5 percent of any amount of $5,000,000 or less,
and one percent of any amount of more than $5,000,000, awarded
per proceeding or 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. 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 Require-
ment.--'' 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 of State.--Not later than
March 1 of each year, the Secretary of State 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--
``(1) the volumes published in the previous calendar year;
``(2) the degree to which the Department is not in
compliance with the deadline set forth in section 401(c); and
``(3) the factors relevant to the inability of the
Department to comply with the provisions of this title,
including section 401(c).''.
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. REPEAL OF PROVISION REGARDING HOUSING FOR FOREIGN
AGRICULTURAL ATTACHE.
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. 208. 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. 209. 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. 210. 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. 211. STATE DEPARTMENT RECORDS OF OVERSEAS DEATHS OF UNITED STATES
NATIONALS 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 national who
dies in that country from a nonnatural cause on or after the date of
enactment of this Act:
(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 detailed information that
would inform the public of the circumstances of the death, and
including, if the death resulted from an act of international
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.--
(1) Current information.--Beginning July 1, 2002, and every
6 months thereafter, the Secretary shall make available, on a
country-by-country basis, as part of the consular information
sheet provided on the Internet website of the Department,
information in the database with respect to deaths occurring
during the preceding 6-month period or, in the case of the
initial disclosure of information, information in the database
with respect to deaths occurring since the date of enactment of
this Act.
(2) Cumulative information.--In addition to the information
required to be made available under paragraph (1), beginning
January 1, 2003, and on January 1 of each calendar year
thereafter, the Secretary shall make available, on a country-
by-country basis and calendar-year basis, as part of the
consular information sheet provided on the Internet website of
the Department, a cumulative record of the information in the
database with respect to deaths occurring since the date of
enactment of this Act, or occurring during the preceding three
calendar years, whichever period is shorter.
(d) Definitions.--In this section:
(1) Database.--The term ``database'' means the database
established under subsection (b).
(2) United states national.--The term ``United States
national'' means--
(A) a citizen of the United States; or
(B) a person who, though not a citizen of the
United States, owes permanent allegiance to the United
States.
SEC. 212. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS THE CAPITAL
OF ISRAEL.
(a) Congressional Statement of Policy.--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. 213. 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. 214. 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).
Subtitle B--Educational, Cultural, and Public Diplomacy Authorities
SEC. 221. ALLOCATION OF FUNDS TRANSFERRED TO THE BUREAU OF EDUCATIONAL
AND CULTURAL AFFAIRS.
The Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2451 et seq.) is amended by adding at the end the following new
section:
``SEC. 114. ALLOCATION OF FUNDS TRANSFERRED TO THE BUREAU OF
EDUCATIONAL AND CULTURAL AFFAIRS.
``Of each amount transferred to the Bureau of Educational and
Cultural Affairs out of appropriations other than appropriations under
the heading `Educational and Cultural Exchange Programs' for support of
an educational or cultural exchange program, notwithstanding any other
provision of law, not more than 7.5 percent shall be made available to
cover administrative expenses incurred in connection with support of
the program. Amounts made available to cover administrative expenses
shall be credited to the appropriations under the heading `Educational
and Cultural Exchange Programs' and shall remain available until
expended.''.
SEC. 222. ACTION PLAN RELATED TO PUBLIC DIPLOMACY 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 an action plan for the Department that addresses
the following issues:
(1) How to integrate public diplomacy policy into overall
policy formulation and overall policy implementation.
(2) How to achieve closer communication and policy
coordination between public diplomacy officers and other
officers in the regional bureaus of the Department of State and
at overseas posts.
(3) How to create 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) How to minimize any adverse ramifications of public
diplomacy officers in country posts reporting to the regional
bureaus of the Department.
SEC. 223. 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, without regard to political party
affiliation, 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) Terms of Service for Appointments.--
(1) In general.--Except as provided in paragraph (2),
members of the Advisory Committee shall be appointed for terms
of two years.
(2) 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. A member
appointed to fill a vacancy occurring before the expiration of
a term shall serve for the remainder of that term. A member may
continue to serve when his or her term expires until a
successor is appointed. A member may be appointed to a new term
upon the expiration of the member's term.
(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 Exchanges 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. 224. CHINESE LANGUAGE SCHOLARS PROGRAM.
(a) Purpose.--The purposes of this section are--
(1) to recognize excellence in the study of the Chinese
language among secondary school students and undergraduate
students who are United States citizens residing in the United
States or residing abroad in households where at least one
member of the household is a United States Government employee
assigned abroad;
(2) to encourage Chinese language study among such
students;
(3) to cultivate a cadre of United States citizens with
Chinese language ability who might qualify for national
security, diplomatic, or other important Government employment;
and
(4) to promote greater understanding and dialogue between
the United States and China including Chinese appreciation for
United States values and institutions.
(b) Establishment of Program.--
(1) In general.--The President is authorized to establish
an incentive awards program, to be known as the ``Chinese
Language Scholar Program'' (in this section referred to as the
``program''), to carry out the purposes of this section.
(2) Description of program.--The President shall make
awards under the program to qualifying students and shall
prescribe the design of any award made under the program. The
award may include a stipend or other cash payment, except that
the award of any such payment shall be subject to the
availability of appropriations.
(3) Selection of award recipients.--The President shall
prescribe the procedures for identifying and considering
students eligible for awards under the program and for
selecting the award recipients, except that, with respect to
each academic year beginning after the date of enactment of
this Act, not less than one eligible secondary student and not
less that one eligible undergraduate student shall be selected
from each State of the United States.
(4) Eligibility for awards.--A student is eligible for an
award under the program if the student--
(A) has submitted an application to the President
at such time, in such manner, and containing such
information as the President may reasonably require;
(B) has demonstrated academic excellence in the
mastery or study of the Chinese language; and
(C) is a secondary school student or undergraduate
student who is a United States citizen.
(c) Definitions.--In this section:
(1) President.--The term ``President'' means the President,
acting through the Secretary.
(2) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
the United States Virgin Islands, Guam, American Samoa, or any
other territory of the United States.
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 amounts authorized to be
appropriated by section 101(1)(A) for the fiscal years 2002 and 2003,
$500,000 is authorized to be available each such fiscal year for
``American Corner'' centers operating in the Russian Federation.
SEC. 226. 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 ``United
States Information Agency'' and inserting ``Department
of State'';
(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. MACHINE READABLE VISAS.
The first sentence of section 140(a)(3) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (8 U.S.C. 1351 note) is
amended--
(1) by striking ``2001, and 2002,'' and inserting ``2001,
2002, and 2003,''; and
(2) by striking ``and $316,715,000 for fiscal year 2002''
and inserting ``$420,000,000 for fiscal year 2002, and
$460,000,000 for fiscal year 2003''.
SEC. 232. CONSULAR FEES.
No fee shall be charged by the Secretary for any notarial act or
authentication performed by a United States consular officer or agent,
or by the Bureau of Consular Affairs, when such notarial act or
authentication will facilitate an inter-country adoption undertaken by
a United States citizen. For purposes of this section, the Secretary
shall construe the term ``facilitate'' broadly.
SEC. 233. 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 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 transmitted in classified or unclassified
form.''.
SEC. 234. 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 may not issue
any visa to, and the Attorney General may not admit to the United
States, 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) provides written notification to the appropriate
congressional committees containing a justification for the
waiver.
Subtitle D--Migration and Refugees
SEC. 241. 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 October 19, 1953, as amended in Geneva, Switzerland,
on November 24, 1998, upon entry into force of such amendments.
``(2) For the purpose of assisting in the movement of refugees and
migrants, there are authorized to be appropriated to the 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. 242. UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF
REFUGEES.
(a) In General.--None of the funds made available under this Act or
under section 2(c) of the Migration and Refugee Assistance Act of 1962
(22 U.S.C. 2601(c)) shall be available to effect the involuntary return
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, except 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 ratification to the Protocol.
(b) Migration and Refugee Assistance.--None of the funds made
available under this Act or under section 2(c) of the Migration and
Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available
to effect the involuntary return of any person to any country unless
the Secretary 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) Involuntary Return Defined.--In this section, the term ``to
effect the involuntary return'' means to require, by means of physical
force or circumstances amounting to a threat thereof, a person to
return to a 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.
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 2002 through 2006. The plan shall
consider personnel needs in both the civil service and the Foreign
Service and expected domestic and overseas personnel allocations. The
workforce plan should set forth--
(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.--
(1) Establishment of task force.--The Secretary shall
establish a task force within the Department on the issue of
``rightsizing'' overseas posts.
(2) Preliminary report.--Not later than 60 days after the
date of the enactment of this Act, the Secretary 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) An 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) Periodic reports.--Not later than 6 months after the
date of the enactment of this Act, and every 6 months
thereafter during the fiscal years 2002 and 2003, the Secretary
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 60 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 interagency
working group. In addition to such other information as the
Secretary considers appropriate, the report shall include the
following:
(A) A description of the objectives of the working
group.
(B) A description of the measures necessary for
achieving the objectives under subparagraph (A).
(C) An identification of the official within each
agency who has primary responsibility for the issue of
``rightsizing''.
(3) Periodic reports.--Not later than 6 months after the
date of the enactment of this Act, and every 6 months
thereafter during the fiscal years 2002 and 2003, the Secretary
shall submit to the appropriate congressional committees a
report reviewing the activities and progress of the working
group established under paragraph (1).
SEC. 303. ELIMINATION OF POSITION OF DEPUTY SECRETARY OF STATE FOR
MANAGEMENT AND RESOURCES.
(a) Elimination of Position.--Section 1(a)(2) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(a)(2)) is
amended by striking ``, the Deputy Secretary of State, and the Deputy
Secretary of State for Management and Resources'' and inserting ``and
the Deputy Secretary of State''.
(b) Conforming Amendment.--Section 5313 of title 5, United States
Code, is amended by striking the following:
``Deputy Secretary of State for Management and
Resources.''.
Subtitle B--Personnel Matters
SEC. 311. THOMAS JEFFERSON STAR FOR FOREIGN SERVICE.
Section 36A of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708a) is amended--
(1) in the section heading, by striking ``foreign service
star'' and inserting ``thomas jefferson star for foreign
service''; and
(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 to Payments to Meritorious Executives and
Distinguished Executives.--Section 405(b)(3) of the Foreign Service Act
of 1980 (22 U.S.C. 3965(b)(3)) is amended by striking the second
sentence and inserting ``Payments under this paragraph to a member of
the Senior Foreign Service may not exceed, in any fiscal year, the
percentage of 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, 2001.
SEC. 313. 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''; and
(2) by striking paragraphs (2), (3), (4), (5), and (6) and
inserting 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. 314. FAMILY VISITATION TRAVEL FOR DEPENDENTS.
Section 901(8) of the Foreign Service Act of 1980 (22 U.S.C.
4081(8)) is amended by inserting ``, and members of his or her
family,'' after ``Service''.
SEC. 315. 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. 316. CORRECTION OF TIME LIMIT FOR GRIEVANCE FILING.
Section 1104(a) of the Foreign Service Act of 1980 (22 U.S.C.
4134(a)) is amended in the first sentence by striking ``but in no case
less than two years'' and inserting ``but in no case more than three
years''.
SEC. 317. 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-
809) is amended--
(1) in the section heading, by striking ``pilot''.
(2) by striking subsection (a)(3); and
(3) in subsection (c), by striking ``(c) Reporting on Pilot
Program.--Two years after the date of enactment of this Act,''
and inserting ``(c) Reporting on Program.--Not later than
February 1 of each even-numbered calendar year,''.
SEC. 318. 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. 319. EMERGENCY MEDICAL ADVANCE PAYMENTS.
Section 5927(a)(3) of title 5, United States Code, is amended to
read as follows:
``(3) to an employee compensated pursuant to section 408 of
the Foreign Service Act of 1980, who--
``(A) pursuant to 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.''.
SEC. 320. 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 to
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. 321. 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), and
section 505(h) of the Department of
Transportation and Related Agencies
Appropriations Act, 2001 (Public Law 106-346),
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:
``7.75....... After December 31, 2001.''.
(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. 322. 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
of State to improve the recruitment of veterans to serve as candidates
for the career Foreign Service. The plan shall include--
(1) funding;
(2) personnel issues relevant to such recruitment efforts;
and
(3) improving coordination between the Department and the
Departments of Defense, Transportation, and Veterans Affairs in
promoting the appointment of candidates for the career Foreign
Service among veterans.
(b) Definition.--In this section, the term ``veterans'' has the
meaning given that term in section 101(2) of title 38, United States
Code.
TITLE IV--INTERNATIONAL ORGANIZATIONS
SEC. 401. PAYMENT OF SECOND INSTALLMENT OF ARREARAGES.
(a) In General.--Section 931(b)(2) 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-480) is
amended by striking ``25 percent'' and inserting ``28.15 percent''.
(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, 1999 (as contained in section 101(b) of division A
of the Omnibus Consolidated and Emergency Supplemental Appropriations
Act, 1999; 112 Stat. 2681-96) is amended by striking ``25 percent'' and
inserting ``28.15 percent''.
SEC. 402. 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
and financial regulations'';
(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
and financial regulations'';
(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 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:''.
SEC. 403. 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--
``(1) after the appropriate certification has been
submitted to the appropriate congressional committees prior to
payment of the funds, in the case of a certification submitted
with respect to funds made available for fiscal year 1999; or
``(2) 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. 404. REPORTS TO CONGRESS ON CONTRIBUTIONS TO THE UNITED NATIONS.
(a) Annual Reports.--Section 4 of the United Nations Participation
Act (22 U.S.C. 287b) is amended--
(1) in subsection (e)(5), by striking subparagraph (B) and
inserting the following:
``(B) Annual report.--The President shall submit to
the designated congressional committees an annual
report 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.'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Annual Report on Financial Contributions.--Not later than
July 1 of each year, the Secretary of State shall submit to the
designated congressional committees a report 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.''.
(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. 405. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS PEACEKEEPING OPERATIONS IN CALENDAR YEARS
2001 THROUGH 2003.
(a) In General.--Section 404(b)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, 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.''.
(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. 406. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS REGULAR BUDGET.
(a) In General.--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.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
deemed to have become effective on January 1, 2001.
SEC. 407. SENSE OF CONGRESS RELATING TO THE PAYMENT OF THE UNITED
STATES SHARE OF ASSESSMENTS FOR THE UNITED NATIONS
REGULAR BUDGET.
(a) Findings.--Congress makes the following findings:
(1) During the 1980s, it was decided to shift the timing of
the United States payment of its assessed contribution to the
regular budget from January to October in order to align the
payment with the beginning of the United States fiscal year.
(2) As a result of this shift, United States payments often
are not received by the United Nations until close to the end
of December, at the end of the United Nation's fiscal year.
(b) Sense of Congress.--It is the sense of the Congress that the
United Nations cannot achieve the desired level of fiscal
responsibility necessary for consistent and effective operations
without prompt and timely payment of the United States share of
assessed contributions for the regular budget of the United Nations and
that, commencing in January 2002, the United States should begin the
process of resuming payment of its assessed contribution prior to
February 1 of that year and each following year, if all the conditions
set forth in the United Nations Reform Act of 1999 (title IX of
division A of H.R. 3427, as enacted into law by section of 1000(a)(7)
of Public Law 106-113) have been met.
SEC. 408. ZERO GROWTH UNITED NATIONS BUDGET.
(a) In General.--Unless the Secretary certifies to the appropriate
congressional committees prior to the obligation of fiscal year 2003
funds--
(1) that the United Nations has achieved zero growth in the
biennium budget for 2002-2003 from the 2000-2001 biennium
budget, and
(2) that, prior to the date of the certification, the
United Nations took no action to exceed the biennium budget for
2002-2003,
the United States shall withhold from the total amount of fiscal year
2003 funds its share of the amount by which the biennium budget for
2002-2003 has exceeded zero growth.
(b) Fiscal Year 2003 Funds Defined.--In this section, the term
``fiscal year 2003 funds'' means amounts appropriated for fiscal year
2003 that are available for payment of the assessed contributions of
the United States to the regular budget of the United Nations.
SEC. 409. MEMBERSHIP ON 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, engages in a consistent pattern of gross
violations of internationally recognized human rights or has engaged in
or tolerated particularly severe violations of religious freedom in
that country.
SEC. 410. ACTION PLAN FOR ENHANCED DEPARTMENT OF STATE EFFORTS TO PLACE
UNITED STATES NATIONALS IN POSITIONS OF EMPLOYMENT IN THE
UNITED NATIONS AND ITS SPECIALIZED AGENCIES.
(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 an action plan for the
Department that provides for--
(1) proposals to reverse the decline in recent years in
funding and personnel resources devoted to the placement of
United States nationals in positions within the United Nations
system;
(2) steps to upgrade coordinated, high-level diplomatic
efforts to place United States nationals in senior posts in the
United Nations Secretariat and the specialized agencies of the
United Nations; and
(3) appropriate mechanisms to address the under
representation, relative to the United States share of assessed
contributions to the United Nations, of United States nationals
in junior positions within the United Nations and its
specialized agencies.
(b) United States National Defined.--In this section, the term
``United States national'' means--
(1) a citizen of the United States; or
(2) a person who, though not a citizen of the United
States, owes permanent allegiance to the United States.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
SEC. 501. REDESIGNATION OF THE BROADCASTING BOARD OF GOVERNORS AS THE
UNITED STATES INTERNATIONAL BROADCASTING AGENCY.
(a) Redesignation.--The Broadcasting Board of Governors is hereby
redesignated as the United States International Broadcasting Agency (in
this section referred to as the ``Agency'').
(b) Redesignation and Retention of Officials.--The members of the
Broadcasting Board of Governors are hereby redesignated as members of
the Board of Governors of the Agency, and those members of the
Broadcasting Board of Governors appointed by the President pursuant to
section 304(b)(1)(A) of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6203(b)(1)(A)), as in effect immediately before
the date of enactment of this Act, and holding office as of that date,
may serve the remainder of their terms of office without reappointment.
(c) References.--Any reference in any statute, reorganization plan,
Executive order, regulation, agreement, determination, or other
official document or proceeding to the Broadcasting Board of Governors
shall be deemed to refer to the United States International
Broadcasting Agency.
(d) Broadcasting Board of Governors Defined.--In this section, the
term ``Broadcasting Board of Governors'' means the Broadcasting Board
of Governors established by section 304 of the United States
International Broadcasting Act of 1994 (as in effect on the day before
the date of enactment of this Act) and continued in existence as an
independent entity within the executive branch of Government by section
1322 of the Foreign Affairs Reform and Restructuring Act of 1998 (as
enacted into law by division G of Public Law 105-277).
(e) Conforming Amendments.--
(1) Existence within the executive branch.--Section 304 of
the United States International Broadcasting Act of 1994 (22
U.S.C. 6203) is amended--
(A) by amending the section heading to read as
follows: ``sec. 304. united states international
broadcasting agency.''; and
(B) by amending subsection (a) to read as follows:
``(a) Existence Within the Executive Branch.--
``(1) In general.--There is in the executive branch of
Government the United States International Broadcasting Agency
(in this title referred to as the `Agency'), which is an entity
described in section 104 of title 5, United States Code, and
which shall be directed by a Board of Governors.
``(2) Inspector general authorities.--
``(A) In general.--The Inspector General of the
Department of State and the Foreign Service shall
exercise the same authorities with respect to the
Agency and the International Broadcasting Bureau as the
Inspector General exercises under the Inspector General
Act of 1978 and section 209 of the Foreign Service Act
of 1980 with respect to the Department of State.
``(B) Respect for journalistic integrity of
broadcasters.--The Inspector General of the Department
of State and the Foreign Service shall respect the
journalistic integrity of all the broadcasters covered
by this title and may not evaluate the philosophical or
political perspectives reflected in the content of
broadcasts.''.
(2) References in the united states international
broadcasting act of 1994.--The United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended by
striking ``Board'' each place it appears and inserting
``Agency''.
(3) Radio broadcasting.--The Radio Broadcasting to Cuba Act
(22 U.S.C. 1465 et seq.) is amended--
(A) by striking ``Broadcasting Board of Governors''
each place it appears and inserting ``United States
International Broadcasting Agency''; and
(B) by striking ``Board'' each place it appears and
inserting ``Agency''.
(4) Television broadcasting.--The Television Broadcasting
to Cuba Act (22 U.S.C. 1465aa et seq.) is amended--
(A) in section 243(a) (22 U.S.C. 1465bb(a)),
section 244(a) (22 U.S.C. 22 U.S.C. 1465cc(a)), and
section 246 (22 U.S.C. 1465dd), by striking
``Broadcasting Board of Governors'' each place it
appears and inserting ``United States International
Broadcasting Agency''; and
(B) in section 244 (b) and (c) (22 U.S.C. 1465cc
(b) and (c)) and section 246 (22 U.S.C. 1465dd), by
striking ``Board'' each place it appears and inserting
``Agency''.
(5) Information and educational exchange.--The United
States Information and Educational Exchange Act of 1948 (22
U.S.C. 1431 et seq.) is amended--
(A) in section 505 (22 U.S.C. 1464a), by striking
``Broadcasting Board of Governors'' each place it
appears and inserting ``United States International
Broadcasting Agency''; and
(B) in section 506(c) (22 U.S.C. 1464b(c))--
(i) by striking ``Broadcasting Board of
Governors'' and inserting ``United States
International Broadcasting Agency''; and
(ii) by striking ``Board'' and inserting
``Agency''.
(6) Foreign service.--The Foreign Service Act of 1980 (22
U.S.C. 3901 et seq.) is amended--
(A) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by
striking ``Broadcasting Board of Governors'' and
inserting ``United States International Broadcasting
Agency'';
(B) in section 210 (22 U.S.C. 3930), by striking
``Broadcasting Board of Governors'' and inserting
``United States International Broadcasting Agency'';
(C) in section 1003(a) (22 U.S.C. 4103(a)), by
striking ``Broadcasting Board of Governors'' and
inserting ``United States International Broadcasting
Agency''; and
(D) in section 1101(c) (22 U.S.C. 4131(c)), by
striking ``Broadcasting Board of Governors'' and
inserting ``United States International Broadcasting
Agency''.
(7) State department basic authorities.--The State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et
seq.) is amended--
(A) in section 23(a) (22 U.S.C. 2695(a)), by
striking ``Broadcasting Board of Governors'' and
inserting ``United States International Broadcasting
Agency'';
(B) in section 25(f) (22 U.S.C. 2697(f)--
(i) by striking ``Broadcasting Board of
Governors and inserting ``United States
International Broadcasting Agency''; and
(ii) by striking ``the Board and the
Agency'' and inserting ``their respective
agencies'';
(C) in section 26(b) (22 U.S.C. 2698(b))--
(i) by striking ``Broadcasting Board of
Governors and inserting ``United States
International Broadcasting Agency''; and
(ii) by striking ``the Board and the
Agency'' and inserting ``their respective
agencies''; and
(D) in section 32 (22 U.S.C. 2704), by striking
``Broadcasting Board of Governors and inserting
``United States International Broadcasting Agency''.
SEC. 502. SPECIAL AUTHORITY FOR SURGE CAPACITY.
The United States International Broadcasting Act of 1994 (22 U.S.C.
6201 et seq.) is amended by adding at the end the following new
section:
``SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.
``(a) Emergency Authority.--
``(1) In general.--Whenever the President determines it to
be important to the national interests of the United States and
so certifies to the appropriate congressional committees, the
President, on such terms and conditions as the President may
determine, is authorized to furnish such assistance as may be
necessary to provide international broadcasting activities of
the United States with a surge capacity to support United
States foreign policy objectives during a crisis abroad.
``(2) Supersedes existing law.--The authority of paragraph
(1) supersedes any other provision of law.
``(3) Surge capacity defined.--In this subsection, the term
`surge capacity' means the financial and technical resources
necessary to carry out broadcasting activities in a
geographical area during a crisis.
``(b) Authorization of Appropriations.--
``(1) In general.--Effective October 1, 2001, there is
authorized to be appropriated to the President such amounts as
may be necessary for the President to carry out this section,
except that no such amount may be appropriated which, when
added to amounts previously appropriated for such purpose but
not yet obligated, would cause such amounts to exceed
$10,000,000.
``(2) Availability of funds.--Amounts appropriated under
this subsection are authorized to remain available until
expended.
``(3) Designation of appropriations.--Amounts appropriated
under this subsection may be referred to as the `United States
International Broadcasting Surge Capacity Fund'.''.
SEC. 503. DISSEMINATION OF THE VOICE OF AMERICA SPECIAL ENGLISH
SERVICE'S PROGRAMMING IN THE UNITED STATES.
Section 305(a) of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6204(a)) is amended by adding at the end thereof the
following new paragraph:
``(19) Notwithstanding section 501 of the United States
Information and Education Exchange Act of 1948 (22 U.S.C. 1461
(a)), or section 208 of the United States Information Agency
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-
1a), to distribute in the United States program material prepared by
the Voice of America's Special English Service.''.
SEC. 504. 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 each of the fiscal
years 2002 and 2003.''.
SEC. 505. GRANTS FOR RADIO FREE ASIA.
Section 309(c)(4) of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6208(c)(4)) is amended to read as follows:
``(4) Grants made for the operating costs of Radio Free
Asia may not exceed $35,000,000 in each of the fiscal years
2002 and 2003.''.
SEC. 506. 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 inserting after subparagraph (B) 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 not more than four employees
employed in Washington, D.C., salary or other compensation at a
rate not to exceed the rate of pay payable for level III of the
Executive Schedule under section 5314 of title 5, United States
Code.''; and
(2) in subparagraph (A) by striking ``(B),'' and inserting
``(B) or (C),''.
SEC. 507. 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 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''.
SEC. 508. 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 all the following conditions:
(1) The Director determines that existing personnel
resources are insufficient and the need is of limited or
unknown 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 75 United States citizens or
aliens are employed at any one time as personal services
contractors under the program.
(c) Expiration of Authority.--The authority to award personal
services contracts under the program shall expire on December 31, 2005.
A contract entered into under the program on or before December 31,
2005, shall remain in effect, in accordance with the terms of the
contract, notwithstanding expiration of the program.
SEC. 509. 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 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. 510. 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. 6211(a)), in the text
above paragraph (1), by striking ``the direction and''.
TITLE VI--REPORTING REQUIREMENTS
SEC. 601. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Economic Policy and Trade Practices.--Section 2202 of the
Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4711) is
repealed.
(b) 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) is repealed.
(c) Number of United States Nationals in Foreign Countries For
Foreign Military Sales-Related Purposes.--Section 36(a) of the Arms
Export Control Act (22 U.S.C. 2776) 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.
(d) Annual Reports Under International Anticorruption and Good
Governance Act.--Section 133 of the Foreign Assistance Act of 1961 (22
U.S.C. 2152c) is amended by striking subsection (d).
SEC. 602. 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 December 31, 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. 603. BRIEFINGS ON POTENTIAL PURCHASES OF DEFENSE ARTICLES OR
DEFENSE SERVICES BY TAIWAN.
(a) Briefings.--Not later than 90 days after the date of enactment
of this Act, and every 90 days thereafter, the Department of State, in
consultation with the Department of Defense, shall provide detailed
briefings to the appropriate congressional committees on any
discussions conducted between any executive branch agency and the
government of Taiwan during the preceding 90 days (or, in the case of
the initial briefing, since the date of enactment of this Act) on any
potential purchase of defense articles or defense services by the
government of Taiwan.
(b) Executive Agency Defined.--In this section, the term
``executive branch agency'' has the meaning given the term ``agency''
in section 551(1) of title 5, United States Code.
SEC. 604. ANNUAL REPORTS ON UNITED STATES-VIETNAM HUMAN RIGHTS DIALOGUE
MEETINGS.
Not later than 60 days after the second United States-Vietnam human
rights meeting held in a calendar year, 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
Vietnam has made progress during that calendar year since the preceding
calendar year in 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 imprisoned political and religious activists
and ceasing surveillance of those already released.
(3) Taking steps to ease official restrictions on religious
activity, including implementing the recommendations of the
United Nations Special Rapporteur on Religious Intolerance.
(4) Taking steps to promote freedom of the Vietnamese
media, including greater freedom of movement of members of the
Vietnamese and foreign press.
(5) Making efforts to improve prison conditions and
providing for greater transparency in the penal system of
Vietnam, such as implementing the recommendations of the United
Nations Working Group on Arbitrary Detention.
(6) Taking steps to address concerns about indigenous
minorities in the central and northern highlands of Vietnam.
(7) Working with the International Labor Organization to
improve the basic rights of workers.
SEC. 605. SEMIANNUAL REPORTS ON EXPENDITURES MADE FROM APPROPRIATION
FOR ``EMERGENCIES IN THE DIPLOMATIC AND CONSULAR
SERVICE''.
Section 124 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (22 U.S.C. 2680 note) is amended in the first
sentence--
(1) by striking ``within 30 days after the end of each
quarter of the fiscal year'' and inserting ``not later than May
1 and November 1 of each year''; and
(2) by striking ``that quarter'' and inserting ``the
preceding half of the fiscal year that ended March 31 and
September 30, respectively''.
SEC. 606. REPORT CONCERNING ELIMINATION OF COLOMBIAN OPIUM.
(a) Findings.--Congress makes the following findings:
(1) There is a growing heroin crisis in the United States
resulting from increasingly cheap, pure, and deadly heroin
flooding into this country, much of it from Colombia.
(2) Interdicting heroin entering the United States is
difficult, in part because it can be trafficked in such small
quantities.
(3) Destruction of opium, from which heroin is derived, at
its source in Colombia is traditionally one of the best
strategies to combat the heroin crisis according to Federal law
enforcement officials.
(b) Report to Congress.--Not later than 60 days after the date of
the enactment of this Act, the Secretary, through the Assistant
Secretary of State for International Narcotics and Law Enforcement
Affairs, shall submit to the appropriate congressional committees a
report that outlines a comprehensive strategy to eradicate all opium
cultivation at its source in Colombia.
SEC. 607. 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 submit to the appropriate congressional committees
a report 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 the Foundation, 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 approved by ICHEIC
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 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.
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--Middle East Peace Commitments Act of 2001
SEC. 701. SHORT TITLE.
This subtitle may be cited as the ``Middle East Peace Commitments
Act of 2001''.
SEC. 702. 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. 703. 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 702(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 704 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 30 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. 704. IMPOSITION OF SANCTIONS.
(a) In General.--If, in any report transmitted pursuant to section
703, the President determines that the PLO or the Palestinian
Authority, as appropriate, has not complied with each of the
commitments specified in section 702(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 not 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
President 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) shall 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 commencing on the date that the
report pursuant to section 703 was transmitted and ending on the later
of--
(1) the date that is six months after such date; or
(2) the date that the next report under section 703 is
required to be transmitted.
(c) Waiver Authority.--The President may waive any or all of the
sanctions 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. 711. SHORT TITLE.
This subtitle may be cited as ``Tibetan Policy Act of 2001''.
SEC. 712. STATEMENT OF PURPOSE.
The purpose of this subtitle is to support the aspirations of the
Tibetan people to safeguard their distinct identity.
SEC. 713. 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 Report.--Not later than six months after the date of
the enactment of this Act, and every 12 months thereafter (until such a
time as an agreement described in subsection (a)(1) is reached which is
satisfactory to both the Chinese and Tibetan peoples), 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. 714. 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. 715. 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. 716. ECONOMIC DEVELOPMENT ON THE TIBETAN PLATEAU.
(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, OPIC, and TDA.--The President shall direct
the Export-Import Bank of the United States, the Overseas Private
Investment Corporation, and the Trade and Development Agency to 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 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 needs-
assessment 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. 717. 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 Ngawang Choephel
and other Tibetan prisoners known to be in serious ill health.
SEC. 718. ESTABLISHMENT OF A UNITED STATES BRANCH OFFICE IN LHASA,
TIBET.
The Secretary shall make best efforts to establish an office in
Lhasa, Tibet, to monitor political, economic, and cultural developments
in Tibet.
SEC. 719. 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
consulate in the People's Republic of China responsible for tracking
developments in Tibet.
SEC. 720. 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--
(1) shall seek to 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) shall request the Government of the People's Republic
of China that the 11th Panchen Lama be released and allowed 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.
Subtitle C--East Timor Transition to Independence Act of 2001
SEC. 731. SHORT TITLE.
This subtitle may be cited as the ``East Timor Transition to
Independence Act of 2001''.
SEC. 732. 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 each of
the fiscal years 2002 and 2003.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 733. 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. 734. TRADE AND INVESTMENT ASSISTANCE.
(a) OPIC.--As soon as possible after the enactment of this Act, the
President of the Overseas Private Investment Corporation (OPIC) shall
send a risk assessment team to East Timor to determine if East Timor
meets OPIC's human rights, environmental, and labor standards so that
OPIC can provide political risk insurance, project finance loans, and
investment funds for United States investments in East Timor as soon as
East Timor becomes independent.
(b) Trade and Development Agency.--As soon as possible after the
enactment of this Act, the Director of the Trade and Development Agency
shall send an assessment team to East Timor to conduct a feasibility
study in the agricultural, energy, and environmental sectors, and any
other sector proposed by the National Council of East Timor, to
determine how United States investment can best assist East Timor's
development as soon as East Timor becomes independent.
(c) Export-Import Bank.--Congress encourages the Export-Import Bank
of the United States to finance or take other steps to increase exports
to East Timor, including providing financing to creditworthy private
and sovereign foreign buyers who wish to invest in East Timor when
private financing is unavailable.
SEC. 735. 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 as soon
as East Timor becomes independent.
SEC. 736. PEACE CORPS ACTIVITIES.
As soon as possible after the enactment of this Act, the Director
of the Peace Corps should send an assessment team to East Timor with a
view to establishing a Peace Corps presence as soon as East Timor
becomes independent.
SEC. 737. 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) assistance will 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 3 months 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. 738. AUTHORIZATION OF UNITED STATES DIPLOMATIC MISSION TO EAST
TIMOR.
(a) In General.--The President is authorized to establish a United
States diplomatic mission to East Timor.
(b) Chief of Diplomatic Mission.--Any United States diplomatic
mission to East Timor shall be headed by a chief of diplomatic mission,
who shall be an individual having no diplomatic responsibilities in
Indonesia or any other country except East Timor.
SEC. 739. REPORTING REQUIREMENT.
(a) In General.--Not later than three months after the date of
enactment of this Act and every 12 months thereafter, 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 occurring 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
732, 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, and 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--Reform of Certification Procedures Applicable to Certain
Drug Producing or Trafficking Countries
SEC. 741. FINDINGS.
Congress makes the following findings:
(1) The international drug trade poses a direct threat to
the United States and to international efforts to promote
democracy, economic stability, human rights, and the rule of
law.
(2) The United States has a vital national interest in
combating the financial and other resources of the
multinational drug cartels, which resources threaten the
integrity of political and financial institutions both in the
United States and abroad.
(3) Illegal drug use occurs among members of every ethnic
and socioeconomic group in the United States.
(4) Worldwide drug trafficking generates revenues estimated
at $400,000,000,000 annually.
(5) The Single Convention on Narcotic Drugs, 1961, as
amended by the 1972 Protocol Amending the Single Convention on
Narcotic Drugs, 1961, the Convention on Psychotropic
Substances, 1971, and the United Nations Convention Against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances,
1988, provide the basic framework for international drug
control cooperation.
(6) The United Nations International Drug Control Program,
the International Narcotics Control Board, and the Organization
of American States can play important roles in facilitating the
development and implementation of more effective multilateral
programs to combat both domestic and international drug
trafficking and consumption.
(7) The United States Government should consider
alternatives to, or improvements in, the annual certification
process required by section 490 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291j), in order to foster more effective
and consistent bilateral and multilateral cooperation with
United States counternarcotics programs.
SEC. 742. THREE-YEAR MODIFICATION OF PROCEDURES RELATING TO ASSISTANCE
FOR MAJOR DRUG-TRANSIT AND MAJOR ILLICIT DRUG PRODUCING
COUNTRIES.
(a) In General.--Chapter 8 of part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291 et seq.) is amended by adding at the end the
following new section:
``SEC. 490A. LIMITATIONS DURING FISCAL YEARS 2002, 2003, AND 2004 ON
ASSISTANCE FOR MAJOR DRUG-TRANSIT AND MAJOR ILLICIT DRUG
PRODUCING COUNTRIES.
``(a) Annual Determination of Major Drug-Transit or Major Illicit
Drug Producing Countries.--Not later than October 1 of 2001, 2002, and
2003, the President shall submit 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 for the purposes of this Act.
``(b) Designation of Countries Not Adhering to International
Agreements and Not Making Counternarcotics Efforts.--In each report
under subsection (a), the President shall also--
``(1) designate each country, if any, identified in such
report that has failed demonstrably, during the previous 12
months, to make substantial efforts--
``(A) to adhere to its obligations under
international counternarcotics agreements; and
``(B) to take the counternarcotics measures set
forth in section 489(a)(1); and
``(2) include a justification for each country so
designated.
``(c) Limitation on Assistance for Designated Countries.--In the
case of a country identified in a report for a fiscal year under
subsection (a) that is also designated under subsection (b) in the
report for such fiscal year, United States assistance may be provided
to the country in such fiscal year only if the President determines and
reports to the appropriate congressional committees that--
``(1) provision of such assistance to the country in such
fiscal year is vital to the national interests of the United
States; or
``(2) commencing at any time after October 1 of such fiscal
year, the country has made substantial efforts--
``(A) to adhere to its obligations under
international counternarcotics agreements; and
``(B) to take the counternarcotics measures set
forth in section 489(a)(1).
``(d) International Counternarcotics Agreement Defined.--In this
section, the term `international counternarcotics agreement' means--
``(1) the United Nations Convention Against Illicit Traffic
in Narcotic Drugs and Psychotropic Substances; or
``(2) 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--
``(A) the production, distribution, and
interdiction of illicit drugs,
``(B) demand reduction,
``(C) the activities of criminal organizations,
``(D) international legal cooperation among courts,
prosecutors, and law enforcement agencies (including
the exchange of information and evidence),
``(E) the extradition of nationals and individuals
involved in drug-related criminal activity,
``(F) the temporary transfer for prosecution of
nationals and individuals involved in drug-related
criminal activity,
``(G) border security,
``(H) money laundering,
``(I) illicit firearms trafficking,
``(J) corruption,
``(K) control of precursor chemicals,
``(L) asset forfeiture, and
``(M) 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.''.
(b) Relationship to Permanent Law.--
(1) Limitation on applicability.--Section 490 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291j) is amended by
adding at the end the following new subsection:
``(i) Limitation on Applicability.--This section shall not apply
during fiscal years 2002, 2003, and 2004.''.
(2) Statutory construction.--Nothing in this Act, or any
amendment made by this Act, supersedes or modifies the
requirement in section 489(a) of the Foreign Assistance Act of
1961 for the transmittal of a report not later than March 1 of
each year under that section.
SEC. 743. SENSE OF CONGRESS ON ENHANCED INTERNATIONAL NARCOTICS
CONTROL.
It is the sense of Congress that--
(1) many governments are extremely concerned by the
national security threat posed by illicit drug production,
distribution, and consumption, and crimes related thereto,
particularly those in the Western Hemisphere;
(2) an enhanced multilateral strategy should be developed
among drug producing, transit, and consuming nations designed
to improve cooperation with respect to the investigation and
prosecution of drug related crimes, and to make available
information on effective drug education and drug treatment;
(3) the United States should at the earliest feasible date
in 2001 convene a conference of representatives of major
illicit drug producing countries, major drug-transit countries,
and major money laundering countries to present and review
country-by-country drug reduction and prevention strategies
relevant to the specific circumstances of each country, and
agree to a program and timetable for implementation of such
strategies; and
(4) not later than one year after the date of enactment of
this Act, the President should transmit to Congress
recommendations for any legislation necessary to implement a
proposed multilateral strategy to achieve the goals referred to
in paragraph (2), including recommendations for any amendments
to existing law that may be required to implement that
strategy.
SEC. 744. INCLUSION OF MAJOR FOREIGN DRUG TRAFFICKING ORGANIZATIONS IN
INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.
Section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h)
is amended--
(1) in subsection (a), by adding after the flush matter at
the end of paragraph (7) the following new paragraph (8):
``(8) The identity, to the extent consistent with
intelligence and law enforcement interests, of each foreign
organization determined by the President to be a major drug
trafficking organization, including a description of the
activities of such organization during the two fiscal years
preceding the fiscal year of the report.''; and
(2) by adding at the end the following new subsection:
``(c) Definitions.--In this section:
``(1) Major drug trafficking organization.--The term `major
drug trafficking organization' means any organization engaged
in substantial amounts of illicit activity to cultivate,
produce, manufacture, distribute, sell, finance, or transport
narcotic drugs, controlled substances, or listed chemicals,
engaged in money laundering or proceeds from such activities,
or that otherwise endeavors or attempts to do so, or to assist,
abet, conspire, or collude with others to do so.
``(2) Narcotic drug, controlled substance, listed
chemical.--The terms `narcotic drug', `controlled substance',
and `listed chemical' have the meanings given those terms in
section 102 of the Controlled Substances Act (21 U.S.C.
802).''.
SEC. 745. JUDICIAL REVIEW UNDER FOREIGN NARCOTICS KINGPIN DESIGNATION
ACT.
Section 805 of the Foreign Narcotics Kingpin Designation Act (title
VIII of Public Law 106-120; 113 Stat. 1629; 21 U.S.C. 1904) is amended
by striking subsection (f).
Subtitle E--Clean Water for the Americas Partnership
SEC. 751. SHORT TITLE.
This subtitle may be cited as the ``Clean Water for the Americas
Partnership Act of 2001''.
SEC. 752. 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. 753. ESTABLISHMENT OF PROGRAM.
The President is authorized to establish a program which shall be
known as the ``Clean Water for the Americas Partnership''.
SEC. 754. 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. 755. ESTABLISHMENT OF TECHNOLOGY AMERICA CENTERS.
(a) Authority To Establish.--The President, in consultation with
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, in consultation with 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. 756. 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. 757. 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. 758. 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. 759. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
President $10,000,000 for each of the fiscal years 2002, 2003, and 2004
to carry out this subtitle.
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to remain available until expended.
SEC. 760. REPORT.
Two years after the date of enactment of this Act, 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. 761. 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 753.
(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 753 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 753 for an additional 2-year period.
SEC. 762. EFFECTIVE DATE.
This subtitle shall take effect 90 days after the date of enactment
of this Act.
Subtitle F--Other Matters
SEC. 771. AMENDMENTS TO THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF
1998.
(a) 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,
2005''.
(b) Authorizations of Appropriations.--Section 207(a) of such Act
(22 U.S.C. 6435(a)) is amended by inserting ``for each of the fiscal
years 2002 through 2005'' after ``$3,000,000''.
(c) Election of Chair of Commission.--Section 201(d) of such Act
(22 U.S.C. 6431(d)) is amended by striking ``in each calendar'' and
inserting ``after May 30 of each''.
(d) 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) Violations of Religious Freedom.--Section 102(b)(1)(B) of such
Act (22 U.S.C. 6412(b)(1)(B)) is amended by inserting ``the existence
of discriminatory government policies such as sect filters,'' after
``the existence of government policies violating religious freedom,''.
SEC. 772. 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. 773. 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 are--
(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
other 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 1 and chapter 10 of part I of the Foreign Assistance
Act of 1961 and chapter 4 of part II of such Act for each of
the fiscal years 2002 and 2003, $20,000,000 for each such
fiscal year is authorized to be made available only to the Fund
for carrying out the purposes described in subsection (b).
(2) Allocation of funds for the documentation center of
cambodia.--Of the amounts authorized to be made available to
the Fund under paragraph (1) for fiscal years 2002 and 2003,
$1,000,000 is authorized to be available for each such fiscal
year only 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 amounts
authorized to be made available to the Fund under paragraph (1)
for fiscal years 2002 and 2003, $500,000 is authorized to be
available for each such fiscal year 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. Amounts made
available under this paragraph may be referred to as the
``Father John Kaiser Memorial Fund''.
SEC. 774. 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 a
determination has been made 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 a determination has been made 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.''.
SEC. 775. PROGRAM TO IMPROVE BUILDING CONSTRUCTION AND PRACTICES IN
LATIN AMERICAN COUNTRIES.
(a) In General.--The President is authorized, under such terms and
conditions as the President may determine, to carry out a program to
improve building construction and practices in 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.--The training of selected
professionals in the public and private sectors in
eligible Latin American countries in all elements of
building and housing codes and standards.
(B) Translation.--The translation into Spanish of
publications of the organizations described in
paragraph (2) that set forth codes and standards with
respect to building and housing, including zoning,
egress, fire and life safety, plumbing, sewage,
sanitation, electrical installation, mechanical
installation, structural engineering, and seismic
design.
(2) Covered organizations.--The organizations described in
this paragraph include the American Society for Testing and
Materials (ASTM), Underwriters Laboratories (UL), the American
Society of Mechanical Engineers (ASME), the American Society of
Civil Engineers (ASCE), the American Society of Heating,
Refrigerating, and Air Conditioning Engineers (ASHRAE), the
International Association of Plumbing and Mechanical Officials
(IAPMO), the International Code Council (ICC), the National
Fire Protection Association (NFPA International), and other
similarly qualified organizations
(c) Implementation.--The program under this section shall be
implemented by a not-for-profit standards development organization, as
defined in OMB Circular A119. The implementing organization shall have
experience in providing Spanish language translations, education, and
training in building codes and standards.
(d) Eligible Latin American Countries Defined.--In this section,
the term ``eligible Latin American countries'' means Ecuador, El
Salvador, and such other Latin American countries as the President may
designate.
SEC. 776. SUPPORT FOR ACCOUNTABILITY OF PERSONS COMMITTING WAR CRIMES
AND OTHER HUMAN RIGHTS ABUSES IN SIERRA LEONE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) individuals most responsible for war crimes committed
in Sierra Leone should be held accountable for their actions,
regardless of where those individuals may reside;
(2) notwithstanding internal political agreements made by
the Government of Sierra Leone or the withholding of United
States funds from the United Nations for other purposes, 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; and
(3) Congress will consider authorizing the payment of
rewards to individuals furnishing information relating to
persons subject to indictment for serious violations of
international humanitarian law in Sierra Leone through the
rewards program for information aiding the prosecution of
persons responsible for war crimes.
(b) Allocation of Funds.--Of the total amount authorized to be
appropriated by sections 103(a)(1) and 103(b) for the fiscal years 2002
and 2003, there is authorized to be available $5,000,000 each such
fiscal year to support the Special Court for Sierra Leone.
SEC. 777. 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. 778. SENSE OF CONGRESS RELATING TO GLOBAL WARMING.
(a) Findings.--Congress makes the following findings:
(1) Evidence continues to build that increases in
atmospheric concentrations of man-made greenhouse gases are
contributing to global climate change.
(2) The Intergovernmental Panel on Climate Change (IPCC)
has concluded that ``there is new and stronger evidence that
most of the warming observed over the last 50 years is
attributable to human activities'' and that the Earth's average
temperature can be expected to rise between 2.5 and 10.4
degrees Fahrenheit in this century.
(3) The National Academy of Sciences confirmed the findings
of the Intergovernmental Panel on Climate Change, stating that
``the IPCC's conclusion that most of the observed warming of
the last 50 years is likely to have been due to the increase of
greenhouse gas concentrations accurately reflects the current
thinking of the scientific community on this issue'' and that
``there is general agreement that the observed warming is real
and particularly strong within the past twenty years''.
(4) The Intergovernmental Panel on Climate Change has
stated that in the last 40 years the global average sea level
has risen, ocean heat content has increased, and snow cover and
ice extent have decreased, which threatens to inundate low-
lying island nations and coastal regions throughout the world.
(5) The Environmental Protection Agency has found that
global warming may harm the United States by altering crop
yields, accelerating sea level rise, and increasing the spread
of tropical infectious diseases.
(6) In 1992, the United States ratified the United Nations
Framework Convention of Climate Change, done at New York on May
9, 1992, the ultimate objective of which is the ``stabilization
of greenhouse gas concentrations in the atmosphere at a level
that would prevent dangerous anthropogenic interference with
the climate system'', and which stated in part ``the Parties to
the Convention are to implement policies with the aim of
returning . . . to their 1990 levels anthropogenic emissions of
carbon dioxide and other greenhouse gases''.
(7) There is a shared international responsibility to
address this problem, as industrial nations are the largest
historic and current emitters of greenhouse gases and
developing nations' emissions will significantly increase in
the future.
(8) The United Nations Framework Convention on Climate
Change further states that ``developed country Parties should
take the lead in combating climate change and the adverse
effects thereof'', as these nations are the largest historic
and current emitters of greenhouse gases.
(9) Senate Resolution 98 of July 1997, which expressed that
developing nations, especially the largest emitters, must also
be included in any future, binding climate change treaty and
that such a treaty must not result in serious harm to the
United States economy, should not cause the United States to
abandon its shared responsibility to help find a solution to
the global climate change dilemma.
(10) American businesses need to know how governments
worldwide will respond to the threat of global warming.
(11) The United States has benefited and will continue to
benefit from investments in the research, development, and
deployment of a range of clean energy and efficiency
technologies that can mitigate global warming and that can make
the United States economy more productive, bolster energy
security, create jobs, and protect the environment.
(b) Sense of Congress.--It is the sense of Congress that the United
States should demonstrate international leadership and responsibility
in mitigating the health, environmental, and economic threats posed by
global warming by--
(1) taking responsible action to ensure significant and
meaningful reductions in emissions of greenhouse gases from all
sectors;
(2) creating flexible international and domestic
mechanisms, including joint implementation, technology
deployment, emissions trading, and carbon sequestration
projects that will reduce, avoid, and sequester greenhouse gas
emissions; and
(3) participating in international negotiations, including
putting forth a proposal at the next meeting of the Conference
of the Parties, with the objective of securing United States'
participation in a revised Kyoto Protocol or other future
binding climate change agreements in a manner--
(A) that is consistent with the environmental
objectives of the United Nations Framework Convention
on Climate Change; and
(B) that protects the economic interests of the
United States and recognizes the shared international
responsibility for addressing climate change, including
developing country participation.
SEC. 779. SENSE OF CONGRESS RELATING TO ENVIRONMENTAL CONTAMINATION AND
OTHER ADVERSE HEALTH EFFECTS IN THE PHILIPPINES EMANATING
FROM FORMER UNITED STATES MILITARY FACILITIES.
It is the sense of the Congress that--
(1) the Secretary, in cooperation with the Secretary of
Defense, should continue to work with the Government of the
Philippines and with appropriate nongovernmental organizations
in the United States and the Philippines to fully identify and
share all relevant information concerning environmental
contamination and other adverse health effects emanating from
former United States military facilities in the Philippines
following departure of the United States military forces from
the Philippines in 1992;
(2) the United States and the Government of the Philippines
should continue to build upon the agreements outlined in the
Joint Statement by the United States and the Republic of the
Philippines on a Framework for Bilateral Cooperation in the
Environment and Public Health signed on July 27, 2000; and
(3) Congress should encourage an objective nongovernmental
study which would examine environmental contamination and other
adverse health effects emanating from former United States
military facilities in the Philippines following departure of
United States military forces from the Philippines in 1992.
SEC. 780. SENSE OF CONGRESS ON BOLIVIA.
(a) Findings.--Congress makes the following findings:
(1) Bolivia has made significant progress in combating
illegal drug production and drug trafficking activities
occurring within its borders.
(2) The success of Bolivia's efforts has caused disruptions
within its economy, including the displacement of persons and
the loss of employment.
(b) Sense of Congress.--It is the sense of Congress that Bolivia
should receive in fiscal year 2002 an amount of United States
assistance that is not less than the total amount of United States
assistance (including economic support fund assistance, international
drug control assistance, and other assistance) that Bolivia received in
fiscal year 2001.
SEC. 781. 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 now in her late 70s, 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 unquestionably 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.
Calendar No. 149
107th CONGRESS
1st Session
S. 1401
[Report No. 107-60]
_______________________________________________________________________
A BILL
To authorize appropriations for the Department of State and for United
States international broadcasting activities for fiscal years 2002 and
2003, and for other purposes.
_______________________________________________________________________
September 4, 2001
Read twice and placed on the calendar