Foreign Relations Authorization Act, Fiscal Years 2002 and 2003

Foreign Relations Authorization Act, Fiscal Years 2002 and 2003 - Title I: Authorizations of Appropriations - Subtitle A: Department of State - Authorizes appropriations for FY 2002 and 2003 for: (1) the administration of foreign affairs, including public diplomacy activities and the diplomatic security program; (2) U.S. educational, cultural, and public diplomacy programs; (3) contributions to international organizations; (4) international commissions; (5) migration and refugee assistance; and (6) grants to the Asia Foundation.

Subtitle B: United States International Broadcasting Activities - Authorizes appropriations for FY 2002 and 2003 for certain U.S. international broadcasting activities.

Title II: Department of State Authorities and Activities - Subtitle A: Basic Authorities and Activities - Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary of State to make emergency expenditures (on a reimbursable basis to be credited to the applicable Department of State appropriation) with respect to the evacuation of third-country nationals in a foreign country when their lives are endangered by war, civil unrest, or natural disaster.

(Sec. 202) Declares that earmarking and minimum funding requirements with respect to Department of State appropriations shall apply unless specifically superseded, modified, stricken, or repealed by a subsequent Act.

(Sec. 203) Revises the powers of special agents of the Department of State and the Foreign Service.

(Sec. 204) Requires the Department of State to retain specified amounts awarded in a proceeding before an international tribunal or received as a result of a claim against a foreign government or other foreign entity to reimburse the U.S. Government in preparing or prosecuting such proceeding or claim against such foreign country or foreign entity.

(Sec. 205) Revises provisions to require the Advisory Committee on Historical Documentation for the Department of State to report annually to specified congressional committees on its findings with respect to its review of State Department procedures for declassifying Department records.

Requires the Secretary of State to report annually to specified congressional committees on State Department compliance with such declassification requirements, including the volumes published in the previous calendar year, the degree that the Department is not in compliance with a certain deadline with respect to the publication of the Foreign Relations of the United States historical series (FRUS), and the factors relevant to the inability of the Department to comply with the requirements of this section.

(Sec. 206) Amends the Foreign Service Buildings Act, 1926 to extend eligibility for the award of contracts exceeding $5 million for the construction, alteration, or repair of buildings and grounds abroad to persons that have performed similar construction work at U.S. diplomatic or consular establishments abroad.

Amends the Omnibus Diplomatic Security and Antiterrorism Act of 1986 to extend eligibility for bidding on diplomatic construction contracts abroad exceeding $10 million to U.S. persons (including qualified joint venture persons) who have performed at a U.S. diplomatic or consular establishment abroad.

(Sec. 207) Amends the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 to repeal a specified provision limiting the authority of the State Department to sell overseas property housing for a foreign agricultural attache.

(Sec. 208) Amends the International Center Act to establish in the Treasury an account consisting of advanced payments from the sale or lease of U.S. property for chanceries to foreign governments and international organizations. Sets forth certain account requirements.

(Sec. 209) Amends the Great Lakes Fisheries Act of 1956 to authorize that not more than ten (currently, five) members of all the advisory committees for each of the Great Lakes be paid by the U.S. Government for transportation expenses and per diem incident to attendance at the annual meeting of the Great Lakes Fishery Commission or of the United States Section ( U.S. Commissioners on the Commission).

(Sec. 210) Amends the Fishermen's Protective Act of 1967 to change from the Secretary of Commerce to the Secretary of State the mandate (for partial reimbursement purposes) to determine the gross income lost by an owner of a vessel and its crew as a result of its seizure and detention by a foreign country based on claims of exclusive fishery management authority.

(Sec. 211) Requires the Secretary of State, to the maximum extent practicable, to collect from each foreign country information with respect to each U.S. national who dies in such country from a nonnatural cause. Requires the Secretary of State to make such information available to the public.

(Sec. 212) Declares that Congress maintains its commitment to relocating the U.S. Embassy in Israel to Jerusalem and urges the President to begin the process of relocating it there.

Prohibits the use of funds appropriated under this Act for: (1) the operation of a U.S. consulate or diplomatic facility in Jerusalem unless it is under the supervision of the U.S. Ambassador to Israel; and (2) the publication of any official government document which lists countries and their capital cities unless it identifies Jerusalem as the capital of Israel.

Declares that, for purposes of registration of birth, certification of nationality, or issuance of a passport of a U.S. citizen born in the city of Jerusalem, the Secretary of State shall, upon the citizen's request, record the place of birth as Israel.

(Sec. 213) Makes moneys contributed by or received from the United States of Mexico, including the North American Development Bank, or the Border Environment Cooperation Commission, available for a certain study conducted in conjunction with the International Boundary and Water Commission regarding the equitable use of the waters of the lower Rio Grande and the lower Colorado and Tia Juana Rivers.

(Sec. 214) Amends specified Federal laws to declare that certain fees collected relating to intercountry adoptions and affidavits of support under the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (done at the Hague on May 29, 1993) shall remain available for obligation until expended.

Subtitle B: Educational, Cultural, and Public Diplomacy Authorities - Directs the Secretary of State to submit to the appropriate congressional committees an action plan related to public diplomacy activities of the Department of State.

(Sec. 223) Establishes an Advisory Committee on Cultural Diplomacy which shall advise the Secretary of State on programs and policies to advance the use of cultural diplomacy in U.S. foreign policy.

(Sec. 224) Authorizes the President to establish the Chinese Language Scholar Program to cultivate U.S. citizens with Chinese language ability who might qualify for national security, diplomatic, or other important Government employment.

(Sec. 225) Declares that Congress finds that joint ventures with host libraries in the Russian Federation known as American Corners are an effective means to provide information about U.S. history, government, society, and values. Earmarks specified amounts for FY 2002 and 2003 for American Corner centers operating in the Russian Federation.

Subtitle C: Consular Authorities - Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 with respect to fees charged for processing readable nonimmigrant visas and machine readable combined border crossing identification cards and nonimmigrant visas. Makes any fee collections that exceed certain amounts through FY 2003 available to any Department of State appropriation to recover the costs of providing consular services only if Congress is notified in accordance with specified reprogramming notification procedures.

(Sec. 232) Prohibits the Secretary of State from charging a fee for any notarial act or authentication performed by a U.S. consular officer, or by the Bureau of Consular Affairs, with respect to an intercountry adoption undertaken by a U.S. citizen.

(Sec. 233) Amends the State Department Basic Authorities Act of 1956 to require the Secretary of State to report semiannually to the appropriate congressional committees with respect to every instance 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 inadmissable to the United States because of terrorist activity or failed to object to the issuance of such visa to an alien notwithstanding any such ground of inadmissability.

(Sec. 234) Prohibits, with a specified exception, the Secretary of State from issuing a visa to, and the Attorney General from admitting into the United States, any person found to have been directly involved with the coercive transplantation of human organs or bodily tissue, unless the Secretary of State has substantial grounds for believing such foreign national has discontinued his or her involvement with, and support for, such practices. Authorizes the President to waive such prohibitions if it is in the national interests of the United States.

Subtitle D: Migration and Refugees - Prohibits the use of funds (except on certain grounds precluding refugee protection) for the involuntary return of a 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. Denies the availability of certain funds to effect the involuntary return of any person without prior notice to the appropriate congressional committees, except in emergencies involving a threat to human life.

Title III: Organization and Personnel of the Department of State - Subtitle A: Organizational Matters - Directs the Secretary of State to submit to the appropriate congressional committees a comprehensive workforce plan (including consideration of the personnel needs in both the civil service and the Foreign Service and expected domestic and oversees personnel allocations) for the Department of State for FY 2002 through 2006.

(Sec. 302) Directs the Secretary of State to establish: (1) a task force within the Department of State with regard to "rightsizing" overseas posts (reallocating staff and resources based on changing needs); and (2) an interagency working group with regard to "rightsizing" the overseas presence of the U.S. Government.

(Sec. 303) Amends the State Department Basic Authorities Act of 1956 to eliminate the position of Deputy Secretary of State for Management and Resources.

Subtitle B: Personnel Matters - Renames the "Foreign Service Star" the "Thomas Jefferson Star for Foreign Service" which is awarded to an individual who incurs a wound or other injury or an illness (whether or not it results in death) while overseas as a member of the Foreign Service or a civilian employee of the U.S. Government.

(Sec. 313) Revises Foreign Service Grievance Board hearing requirements for separation of an employee from the Foreign Service for misconduct. Declares that the right to a hearing provided to such persons so separated shall not apply to persons who have been convicted of a crime for which a sentence of imprisonment of more than one year may be imposed. Repeals the requirement of a nexus to the efficiency of the Foreign Service.

(Sec. 314) Amends the Foreign Service Act of 1980 to authorize the Secretary of State to pay the travel and related expenses of family members of Foreign Service employees during visitation situations where the family of the employee is prevented by official order from accompanying the employee to, or has been ordered from, the employee's assigned post because of imminent danger due to the prevalence of disturbed conditions.

(Sec. 315) Includes within the Foreign Service's health care program the provision of health education and disease prevention for all of its employees.

(Sec. 316) Revises requirements for the filing by a Foreign Service employee of a grievance with respect to the grievant's rater or reviewer. Extends from two years to three years after the occurrence giving rise to the grievance the time in which the grievant may file such grievance.

(Sec. 318) Authorizes payment to or reimbursement of a Foreign Service employee, in lieu of the transportation of a dependent child's baggage from the dependent's school, for costs incurred to store such baggage at or in the vicinity of the school during the dependent's annual trip between the school and the employee's duty station.

(Sec. 319) Amends Federal law to authorize up to three months advance pay to a Foreign Service employee who pursuant to Government authorization is located outside the country of employment, and requires medical treatment outside such country.

(Sec. 320) Allows credit under the Federal Employees' Retirement System for temporary Government service which was performed abroad after December 31, 1988, and before May 24, 1998, at a U.S. diplomatic mission, consular mission, or other Foreign Service post.

Directs the Office of Personnel Management to inform individuals entitled to have any service credited under this Act or to have any annuity computed or recomputed under this Act.

Sets forth requirements for the computation or recomputation of annuities or survivor annuities as necessitated by this Act.

(Sec. 321) Amends the Foreign Service Act of 1980 to declare for purposes of the computation of Foreign Service pension and disability annuities that the basic salary of a Foreign Service employee stationed outside the United States shall be considered to be the salary that would have been paid to that employee had such employee been stationed in Washington, D.C. (including any locality-based comparability adjustments). Increases to 7.25 percent (7.75 percent after December 31, 2001) the amount to be deducted from a Foreign Service employee's salary and contributed to the Foreign Service Retirement and Disability Fund for the payment of annuities, cash benefits, refunds, and allowances (including a contribution by the employing agency equal to a specified percentage of the employee's salary, plus .25 percent).

(Sec. 322) Directs the Secretary of State to report to the appropriate congressional committees on a plan for the Department of State to improve the recruitment of veterans to serve as candidates for the career Foreign Service.

Title IV: International Organizations - Amends the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 to revise a certain condition prohibiting the obligation of appropriated funds for the payment of the second installment of U.S. arrearages for assessed contributions to the United Nations (UN) until the share of the budget for each assessed UN peacekeeping operation does not exceed 28.15 percent (currently, 25 percent) for any single UN member.

(Sec. 404) Amends the United Nations Participation Act to require the President to report annually (currently, quarterly) to designated congressional committees on all U.S. assistance provided during the preceding year to the UN for support peacekeeping operations.

Requires the Secretary of State to report annually to designated congressional committees on the extent and disposition of all financial contributions made by the United States during the preceding year to international organizations in which the United States participates as a member.

(Sec. 405) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to provide for specified reductions in the U.S. share of assessed contributions for UN peacekeeping operations in 2001 through 2003.

(Sec. 406) Amends the United Nations Participation Act of 1945 to bar the use of Department of State funds to pay the U.S. share of assessed contributions for the UN budget in an amount greater than 22 percent of the total of all assessed contributions for that budget.

(Sec. 407) Expresses the sense of Congress that the United Nations cannot achieve the desired level of fiscal responsibility necessary for effective operations without the prompt and timely payment of the U.S. share of assessed contributions to the UN budget. Urges the United States, commencing in January 2002, to resume payment of its assessed contribution before February 1 of each year, provided certain conditions have been met.

(Sec. 408) Requires the United States to withhold from the total amount of FY 2003 funds its share of the amount by which the UN 's biennium budget for 2002 through 2003 has exceeded zero growth, unless the Secretary of State certifies to the appropriate congressional committees before the obligation of FY 2003 funds that: (1) the UN has achieved zero growth in the biennium budget for 2002-2003 from the 2000-2001 biennium budget; and (2) before the date of the certification, the UN took no action to exceed the biennium budget for 2002-2003.

(Sec. 409) Requires the United States to: (1) make every reasonable effort to secure a seat on the UN Commission on Human Rights and the UN International Narcotics Control Board; and (2) prevent membership on the Human Rights Commission by any member nation that engages in or tolerates a consistent pattern of gross violations of internationally recognized human rights in that country.

(Sec. 410) Directs the Secretary of State to report to the appropriate congressional committees on an action plan for the Department of State to place U.S. nationals in positions of employment in the UN and its specialized agencies.

Title V: United States International Broadcasting Activities - Redesignates the Broadcasting Board of Governors as the United States International Broadcasting Agency. Amends specified Federal laws to set forth conforming amendments.

(Sec. 502) Amends the United States International Broadcasting Act of 1994 to authorize the President, whenever he determines it is important to U.S. national interests, to furnish any assistance necessary to provide U.S. international broadcasting activities with a surge capacity (financial and technical resources) to support U.S. foreign policy objectives during a crisis abroad. Authorizes appropriations.

(Sec. 503) Grants the Board of Governors of the Agency the authority to distribute in the U.S. program material prepared by the Voice of America's Special English Service.

(Sec. 504) Limits the total amount of grants made for the operating costs of: (1) Radio Free Europe/Radio Liberty (RFE/RL), Inc., to no more than $85 million in each of FY 2002 and 2003; and (2) Radio Free Asia to no more than $35 million in each of FY 2002 and 2003.

(Sec. 506) Authorizes the use of RFE/RL, Inc., grant funds to pay not more than four employees employed in Washington, D.C., salary or other compensation not to exceed that rate of pay payable for level III of the Executive Schedule.

(Sec. 507) Amends the United States Information and Educational Exchange Act of 1948 to authorize the United States Information Agency (USIA) to enter into contracts for periods of not more than ten years to acquire local broadcasting services outside the United States.

(Sec. 508) Authorizes the Director of the International Broadcasting Bureau to establish a pilot program to hire U.S. citizens or aliens as personal services contractors for service in the United States as broadcasters, producers, and writers in the Bureau to respond to new or emerging broadcasting needs or to augment broadcast services. Terminates such program on December 31, 2005.

(Sec. 509) Amends the Omnibus Diplomatic Security and Antiterrorism Act of 1986 and the Foreign Service Act of 1980 to exempt Voice of America correspondents on official assignment abroad from the responsibility of the Secretary of State for security protection, or responsibility and supervision of the chief of mission to a foreign country.

Title VI: Reporting Requirements - Amends specified Federal laws to repeal certain reporting requirements. Sets forth specified reports.

Title VII: Miscellaneous Provisions - Subtitle A: Middle East Peace Commitments Act of 2001 - Middle East Peace Commitments Act of 2001 - Imposes specified sanctions with respect to the Palestine Liberation Organization (PLO) or the Palestinian authority if the President determines that it has not complied with certain commitments made with Israel. Authorizes the President to waive such sanctions if it is determined to be in the U.S. national interest.

Subtitle B: Tibet Policy - Tibetan Policy Act of 2001 - Urges the President and the Secretary of State to encourage the Government of the People's Republic of China to enter into negotiations with the Dalai Lama or his representatives leading to an agreement on Tibet. Requires the President to report to the appropriate congressional committees on steps he and the Secretary of State have taken to encourage such negotiations, including the status of any discussions between China and the Dalai Lama or his representatives.

(Sec. 714) Requires specified reports concerning human rights and religious freedom to include a separate section on Tibet.

(Sec. 715) Amends the U.S.-China Relations Act of 2000 to require a specified report from the Congressional-Executive Commission on the People's Republic of China to the President and Congress to include a description of the status of negotiations between 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) Declares it is U.S. policy to support economic development, cultural preservation, health care, and education and environmental sustainability for Tibetans inside Tibet. Directs the Secretary of the Treasury to instruct the U.S. executive director of each international financial institution to use the U.S. vote to support projects that are in accordance with certain principles in Tibet. Directs the President to direct specified U.S. economic agencies to support projects in Tibet.

(Sec. 717) Urges the President and the Secretary of State to: (1) request the immediate and unconditional release of all prisoners held for expressing their political or religious views in Tibet; (2) seek access to such prisoners by international humanitarian organizations; and (3) seek immediate medical parole of Ngawang Choephel and other Tibetan prisoners known to be in serious ill health.

(Sec. 718) Directs the Secretary of State to make best efforts to establish an office in Lhasa, Tibet, to monitor political, economic, and cultural developments in Tibet.

(Sec. 719) Directs the Secretary of State to ensure that Tibetan language training be available to Foreign Service officers, including assignment to a consulate in China of a Tibetan-speaking Foreign Service officer responsible for tracking developments in Tibet.

(Sec. 720) Directs the U.S. Ambassador to China to meet with the 11th Panchen Lama who was taken from his home on May 17, 1995, and request that China release him and allow him to pursue his religious studies without interference. Calls for U.S. officials in their exchanges with the Government of China to promote the cessation of all interference by the Government of China or the Communist Party in the religious affairs of the Tibetan people.

Subtitle C: East Timor Transition to Independence Act of 2001 - East Timor Transition to Independence Act of 2001 - Sets forth requirements with respect to the provision to East Timor of bilateral assistance, multilateral assistance, trade and investment assistance, duty-free treatment benefits, Peace Corps assistance, and security assistance. Authorizes appropriations.

(Sec. 737) Directs the President to study and report to specified congressional committees on specified aspects of East Timor's security needs. Authorizes the President, after submitting such report, to transfer excess U.S. defense articles to East Timor and provide military education and training for its armed forces.

(Sec. 738) Authorizes the President to establish a U.S. diplomatic mission to East Timor.

Subtitle D: Reform of Certification Procedures Applicable to Certain Drug Producing or Trafficking Countries - Amends the Foreign Assistance Act of 1961 to require the President, for FY 2001 through 2003, to identify to the appropriate congressional committees each major drug-transit country or major illicit drug producing country, and designate any identified country that has failed during the previous 12 months to make substantial efforts to: (1) adhere to its obligations under international counternarcotics agreements; and (2) take certain counternarcotics measures.

(Sec. 742) Authorizes development assistance to such country in a fiscal year only if the President determines and reports to the appropriate congressional committees that: (1) provision of such assistance to the country is vital to the national interests of the United States; or (2) such country has made substantial efforts to adhere to its obligations under international counternarcotics agreements, and take certain counternarcotic measures.

(Sec. 743) Expresses the sense of Congress that 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 eradication and drug treatment.

(Sec. 744) Requires the inclusion of the identity of major foreign drug trafficking organizations in the President's annual international narcotics control strategy report.

(Sec. 745) Amends the Foreign Narcotics Kingpin Designation Act to repeal the denial of (and thus permit) judicial review of certain determinations, identifications, findings, and designations made with respect to foreign narcotics traffickers.

Subtitle E: Clean Water for the Americas Partnership - Clean Water for the Americas Partnership Act of 2001 - Authorizes the President to establish the Clean Water for the Americas Partnership program.

(Sec. 754) Authorizes the President to conduct a comprehensive assessment of the environmental problems in the region (member countries of the Organization of American States, other than the United States and Canada) to determine: (1) which environmental problems threaten human health the most, which are most threatening to the region's natural resources, and which countries have the most pressing environmental problems; and (2) to what extent there is a market for U.S. environmental technology, practices, knowledge, and innovations in the region.

(Sec. 755) Authorizes the President to establish in the region Technology America Centers (TEAMs), which shall support U.S. private sector environmental technology firms seeking local partners (particularly small businesses) and opportunities for environmental projects.

(Sec. 756) Authorizes the President to: (1) provide matching grants to U.S. associations and nonprofit entities to promote joint water quality, water treatment systems, and energy efficiency projects with Latin American and Caribbean associations and entities in the region; and (2) make grants for prefeasibility studies for water projects in any country within a single subregion or in a designated single country.

(Sec. 758) Establishes a Clean Water Technical Assistance Committee to provide technical support and training services for individual water projects.

(Sec. 759) Authorizes appropriations.

Subtitle F: Other Matters - Amends the International Religious Freedom Act of 1998 to extend the authority of the U.S. Commission on International Religious Freedom through September 30, 2005. Authorizes appropriations for FY 2002 through 2005.

(Sec. 772) Amends the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 to extend the authority of the U.S. Senate Caucus on International Narcotics Control through September 30, 2005.

(Sec. 773) Establishes a Human Rights and Democracy Fund, to be administered by the Assistant Secretary of State for Democracy, Human Rights, and Labor, in order to: (1) support defenders of human rights and assist the victims of human rights violations; (2) respond to human rights emergencies; and (3) promote and encourage the growth of democracy, including the support for nongovernmental organizations in other countries. Authorizes appropriations.

(Sec. 774) Amends the Foreign Assistance Act of 1961 to direct the Secretary of State to report annually to the Speaker of the House of Representatives and a specified congressional committee about: (1) each country in which extrajudicial killings, torture, or other serious violations of human rights have occurred; and (2) 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) Authorizes the President to carry out a program providing development assistance to improve international building construction practices in Latin American countries (Ecuador, El Salvador, and other Latin American countries the President designates). Provides for such assistance through grants for: (1) the training of selected professionals in eligible Latin American countries in all elements of building and housing codes and standards; and (2) the translation into Spanish of publications of specified organizations that set forth certain building and housing codes.

(Sec. 776) Expresses the sense of Congress that individuals most responsible for war crimes committed in Sierra Leone should be held accountable for their actions, regardless of where they may reside. Urges the United States to 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. States that Congress will consider the payment of rewards to individuals that furnish information relating to persons indicted for serious violations of international humanitarian law. Authorizes appropriations.

(Sec. 777) Declares that no U.S. assistance, or sales of defense articles or defense services, may be made to a foreign person or entity that has been determined to have knowingly transferred proscribed weapons to Palestinian entities in the West Bank or Gaza.

(Sec. 778) Expresses 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 taking certain actions.

(Sec. 779) Expresses the sense of Congress with respect to the environmental contamination and health effects in the Philippines emanating from former U.S. military facilities there.

(Sec. 780) Expresses the sense of Congress that Bolivia should receive in FY 2002 an amount of U.S. assistance that is not less than the total amount of U.S. assistance (including economic support fund assistance, international drug control assistance, and other assistance) that Bolivia received in FY 2001.

(Sec. 781) Expresses the sense of Congress with respect to urging the return of portraits painted by Dina Babbitt during her internment at Auschwitz that are now in the possession of the Auschwitz-Birkenau State Museum.