S 1401 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. 2. Table of contents.
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. 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. 704. Imposition of sanctions.
Subtitle B--Tibet Policy
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. 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. 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. 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. 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.
(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:
`(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:
(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';
(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.
(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.
(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--
(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';
(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.'.
------------------------------------
(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--
(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--
(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.
(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.
(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,
`(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,
`(I) illicit firearms trafficking,
`(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.
(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.
(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).
(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').
(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
END