108TH CONGRESS

1ST SESSION H. R. 1950

AN ACT

To establish the Millennium Challenge Account to

provide increased support for certain developingcountries; to authorize the expansion of thePeace Corps; to authorize appropriations for theDepartment of State for fiscal years 2004 and2005; to authorize appropriations under theArms Export Control Act and the Foreign Assistance Act of 1961 for security assistance forfiscal years 2004 and 2005; and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 1950

AN ACT

To establish the Millennium Challenge Account to provide

increased support for certain developing countries; to

authorize the expansion of the Peace Corps; to authorize

appropriations for the Department of State for fiscal

years 2004 and 2005; to authorize appropriations under

the Arms Export Control Act and the Foreign Assistance

Act of 1961 for security assistance for fiscal years 2004

and 2005; and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Millennium Challenge

3 Account, Peace Corps Expansion, and Foreign Relations

4 Authorization Act of 2003’’.

5 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

6 CONTENTS.

7 (a) ORGANIZATION OF ACT INTO DIVISIONS.—This

8 Act is organized into five divisions as follows:

9 (1) DIVISION A.—Millennium Challenge Ac10 count Act of 2003.

11 (2) DIVISION B.—Peace Corps Expansion Act

12 of 2003.

13 (3) DIVISION C.—Department of State Author14 ization Act, Fiscal Years 2004 and 2005.

15 (4) DIVISION D.—Defense Trade and Security

16 Assistance Reform Act of 2003.

17 (5) DIVISION E.—Assistance for Viet Nam.

18 (b) TABLE OF CONTENTS.—The table of contents for

19 this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of act into divisions; table of contents.

Sec. 3. Definitions.

Sec. 4. Special rules for applying Buy American Act.

DIVISION A—MILLENNIUM CHALLENGE ACCOUNT

TITLE I—GENERAL PROVISIONS

Sec. 101. Short title.

Sec. 102. Definitions.

Sec. 103. Sunset.

TITLE II—MILLENNIUM CHALLENGE ASSISTANCE
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Sec. 201. Findings; statement of policy.

Sec. 202. Authorization of assistance.

Sec. 203. Eligibility and related requirements.

Sec. 204. Millennium Challenge Compact.

Sec. 205. Suspension and termination of assistance.

Sec. 206. Annual report.

Sec. 207. Participation of certain United States businesses.

Sec. 208. Authorization of appropriations; related authorities.

TITLE III—MILLENNIUM CHALLENGE CORPORATION

Sec. 301. Millennium Challenge Corporation.

Sec. 302. Chief Executive Officer.

Sec. 303. Board of Directors.

Sec. 304. Interagency coordination.

Sec. 305. Powers of the corporation; related provisions.

Sec. 306. Transparency and accountability of the corporation.

Sec. 307. Detail of personnel to the corporation; other authorities and limitations.

Sec. 308. Millennium Challenge Advisory Council.

Sec. 309. Millennium Challenge Seed Grants.

Sec. 310. Clarification of role of USAID.

TITLE IV—PROVISIONS RELATING TO UNITED STATES ECONOMIC

ASSISTANCE

Sec. 401. Definition.

Sec. 402. Framework for assistance.

Sec. 403. Report relating to impact and effectiveness of assistance.

DIVISION B—REAUTHORIZATION AND EXPANSION OF THE PEACE

CORPS

TITLE X—GENERAL PROVISIONS

Sec. 1001. Short title.

Sec. 1002. Definitions.

Sec. 1003. Findings.

TITLE XI—AMENDMENTS TO PEACE CORPS ACT; RELATED

PROVISIONS

Sec. 1101. Advancing the goals of the Peace Corps.

Sec. 1102. Reports and consultations.

Sec. 1103. Special volunteer recruitment and placement for certain countries.

Sec. 1104. Global infectious diseases initiative; coordination of HIV/AIDS activities.

Sec. 1105. Peace Corps National Advisory Council.

Sec. 1106. Readjustment allowances.

Sec. 1107. Programs and projects of returned Peace Corps volunteers and

former staff.

Sec. 1108. Declaration of policy.

Sec. 1109. Peace Corps in Sierra Leone.

Sec. 1110. Authorization of appropriations.

DIVISION C—DEPARTMENT OF STATE AUTHORIZATION ACT,

FISCAL YEARS 2004 AND 2005
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Sec. 101. Short title.

TITLE I—AUTHORIZATIONS OF APPROPRIATIONS

Subtitle A—Department of State

Sec. 111. Administration of foreign affairs.

Sec. 112. United States educational and cultural programs.

Sec. 113. Contributions to international organizations.

Sec. 114. International commissions.

Sec. 115. Migration and refugee assistance.

Sec. 116. Voluntary contributions to international organizations.

Sec. 117. Voluntary contributions for international peacekeeping activities.

Sec. 118. Grants to the Asia Foundation.

Subtitle B—United States International Broadcasting Activities

Sec. 121. Authorizations of appropriations.

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND

ACTIVITIES

Subtitle A—United States Public Diplomacy

Sec. 201. Findings and purposes.

Sec. 202. Public diplomacy responsibilities of the Department of State.

Sec. 203. Annual plan on public diplomacy strategy.

Sec. 204. Public diplomacy training.

Sec. 205. United States Advisory Commission on Public Diplomacy.

Sec. 206. Library program.

Sec. 207. Sense of Congress concerning public diplomacy efforts in sub-Saharan

Africa.

Subtitle B—Basic Authorities and Activities

Sec. 221. United States policy with respect to Jerusalem as the capital of

Israel.

Sec. 222. Modification of reporting requirements.

Sec. 223. Report concerning efforts to promote Israel’s diplomatic relations

with other countries.

Sec. 224. Reimbursement rate for certain airlift services provided by the Department of Defense to the Department of State.

Sec. 225. Sense of Congress regarding additional United States consular posts.

Sec. 226. Validity of United States passports for travel to countries receiving

United States foreign assistance.

Sec. 227. GAO assessment of security capital cost sharing.

Sec. 228. Authority to issue administrative subpoenas.

Sec. 229. Enhancing refugee resettlement and maintaining the United States

commitment to refugees.

Sec. 230. The Colin Powell Center for American Diplomacy.

Sec. 231. Interference with protective functions.

Sec. 232. Issuance of consular identification cards by foreign missions.

Subtitle C—Educational and Cultural Authorities

Sec. 251. Establishment of initiatives for predominantly Muslim countries.

Sec. 252. Database of American and foreign participants in exchange programs.
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Sec. 253. Report on inclusion of freedom and democracy advocates in educational and cultural exchange programs.

Sec. 254. Sense of the Congress concerning educational and cultural exchange

program for foreign journalists.

Sec. 255. Sense of Congress regarding Korean Fulbright programs.

Sec. 256. Authorizing East Timorese scholarships for graduate study.

Sec. 257. Public safety awareness in study abroad programs.

Subtitle D—Consular Authorities

Sec. 271. Machine readable visas.

Sec. 272. Processing of visa applications.

Sec. 273. Staffing at diplomatic missions.

Sec. 274. Allocation of resources for embassies and consulates.

Sec. 275. Notice to United States embassies abroad regarding children who are

the subject of international child abduction and guidelines relating to sanctuary for such children.

Sec. 276. Inadmissibility of aliens supporting international child abductors and

relatives of such abductors.

Sec. 277. Architectural integrity of United States embassies, consulates, and

other diplomatic buildings.

TITLE III—ORGANIZATION AND PERSONNEL OF THE

DEPARTMENT OF STATE

Sec. 301. Fellowship of Hope Program.

Sec. 302. Claims for lost pay.

Sec. 303. Ombudsman for the Department of State.

Sec. 304. Repeal of recertification requirement for senior foreign service.

Sec. 305. Report concerning status of employees of State Department.

Sec. 306. Home leave.

Sec. 307. Increased limits applicable to post differentials and danger pay allowances.

Sec. 308. Regulations regarding retirement credit for government service performed abroad.

Sec. 309. Minority recruitment.

Sec. 310. Meritorious step increases.

Sec. 311. Treatment of territories and possessions as part of the geographic

United States for purposes of transfer allowances.

TITLE IV—INTERNATIONAL ORGANIZATIONS

Subtitle A—Basic Authorities and Activities

Sec. 401. Raising the cap on peacekeeping contributions.

Sec. 402. Regarding the reentry of the United States in UNESCO.

Sec. 403. UNESCO national commission.

Sec. 404. Organization of American States (OAS) emergency fund.

Sec. 405. United States efforts regarding the status of Israel in the Western

European and Others Group at the United Nations.

Subtitle B—United States International Leadership

Sec. 431. Short title.

Sec. 432. Findings.

Sec. 433. Establishment of a democracy caucus.

Sec. 434. Annual diplomatic missions on multilateral issues.
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Sec. 435. Leadership and membership of international organizations.

Sec. 436. Increased training in multilateral diplomacy.

Sec. 437. Promoting assignments to international organizations.

Sec. 438. Implementation and establishment of office on multilateral negotiations.

Sec. 439. Synchronization of United States contributions to international organizations.

TITLE V—UNITED STATES INTERNATIONAL BROADCASTING

ACTIVITIES

Subtitle A—Basic Authorities and Activities

Sec. 501. Mideast Radio and Television Network, Inc.

Sec. 502. Improving signal delivery to Cuba.

Sec. 503. Report concerning efforts to counter jamming of broadcasts of Radio

Marti and TV Marti.

Sec. 504. Pilot program for the promotion of travel and tourism in the United

States through United States international broadcasting.

Sec. 505. Radio Free Asia broadcasts into North Korea.

Sec. 506. Prohibition on elimination of international broadcasting in Eastern

Europe.

Sec. 507. Contractor requirements.

Subtitle B—Global Internet Freedom

Sec. 521. Short title.

Sec. 522. Findings.

Sec. 523. Purposes.

Sec. 524. Development and deployment of technologies to defeat Internet jamming and censorship.

Subtitle C—Reorganization of United States International Broadcasting

Sec. 531. Establishment of United States International Broadcasting Agency.

Sec. 532. Authorities and functions of the agency.

Sec. 533. Role of the Secretary of State.

Sec. 534. Administrative provisions.

Sec. 535. Broadcasting Board of Governors and International Broadcasting

Bureau.

Sec. 536. Transition.

Sec. 537. Conforming amendments.

Sec. 538. References.

Sec. 539. Broadcasting standards.

Sec. 540. Effective date.

TITLE VI—INTERNATIONAL FREE MEDIA ACT OF 2003

Sec. 601. Short title.

Sec. 602. Definitions.

Sec. 603. Findings.

Sec. 604. Statements of policy.

Sec. 605. Coordinator for International Free Media.

Sec. 606. United States Advisory Commission on Public Diplomacy and International Media.

Sec. 607. International Free Media Fund.
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Sec. 608. Free media promotion activity of the Broadcasting Board of Governors.

TITLE VII—MISCELLANEOUS PROVISIONS

Subtitle A—Reporting Requirements

Sec. 701. Reports to Committee on International Relations.

Sec. 702. Reports concerning the capture and prosecution of paramilitary and

other terrorist leaders in Colombia.

Sec. 703. Reports relating to Magen David Adom Society.

Sec. 704. Report concerning the return of portraits of Holocaust victims to the

artist Dina Babbitt.

Sec. 705. Report to Congress on use of vested assets.

Sec. 706. Report concerning the conflict in Uganda.

Sec. 707. Requirement for report on United States policy toward Haiti.

Sec. 708. Report on the effects of Plan Colombia on Ecuador.

Sec. 709. Report on actions taken by Pakistan.

Sec. 710. Report on democracy in the Western Hemisphere.

Sec. 711. Report concerning internal and intra-regional conflicts in the Great

Lakes region of Africa.

Sec. 712. Report concerning observer status for Taiwan at the summit of the

World Health Assembly.

Subtitle B—Other Matters

Sec. 721. Sense of Congress relating to East Timor, justice, and rehabilitation.

Sec. 722. Sense of Congress concerning human rights and justice in Indonesia.

Sec. 723. Amendment to the International Religious Freedom Act of 1998.

Sec. 724. Sense of Congress with respect to human rights in Central Asia.

Sec. 725. Technical correction to authorization of appropriations for fiscal year

2003 for Center for Cultural and Technical Interchange Between East and West.

Sec. 726. Under Secretary of Commerce for Industry and Security.

Sec. 727. Concerning the spread of weapons of mass destruction.

Sec. 728. International agriculture biotechnology information program.

Sec. 729. Refugee resettlement burdensharing.

Sec. 730. Sense of Congress regarding migration issues between the United

States and Mexico.

Sec. 731. Sense of Congress concerning United States assistance to Palestinian

refugees.

Sec. 732. United States policy on World Bank Group loans to Iran.

Sec. 733. Sense of Congress relating to Soviet nuclear tests in Kazakhstan.

Sec. 734. Sense of Congress relating to violence against women.

Sec. 735. Sense of Congress concerning the timely issuance of visas for Russian

weapons scientists involved in arms control and nonproliferation exchanges with the United States.

Sec. 736. Designation of foreign terrorist organizations.

Sec. 737. Sense of Congress relating to regarding security for Taiwan.

Sec. 738. Sense of Congress in appreciation of the Armed Forces of the United

States and regarding restoring stability and security in Iraq.

Sec. 739. Attacks on United States citizens by Palestinian terrorists.

Sec. 740. Sense of Congress and report concerning Wastewater Treatment and

the International Boundary and Water Commission, United

States and Mexico.
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Sec. 741. Sense of Congress regarding allocation of resources for the Department of State as the central authority for the United States

under the Hague Convention on intercountry adoption.

Sec. 742. Transfer of Vietnam-era Cessna L–19D Bird Dog aircraft to Army

Aviation Heritage Foundation.

Sec. 743. Statement of policy relating to democracy in Iran.

Sec. 744. Sense of Congress regarding the extradition of violent criminals from

Mexico to the United States.

DIVISION D—DEFENSE TRADE AND SECURITY ASSISTANCE

REFORM ACT OF 2003

TITLE X—GENERAL PROVISIONS

Sec. 1001. Short title.

Sec. 1002. Definitions.

Sec. 1003. References to Arms Export Control Act.

TITLE XI—TERRORIST-RELATED PROHIBITIONS AND

ENFORCEMENT MEASURES

Sec. 1101. Eligibility provisions.

Sec. 1102. Weapons transfers to foreign persons in the United States.

Sec. 1103. Coordination of license exemptions with United States law enforcement agencies.

Sec. 1104. Mechanisms to identify persons in violation of certain provisions of

law.

Sec. 1105. Comprehensive nature of United States arms embargoes.

Sec. 1106. Transactions with countries supporting acts of international terrorism.

Sec. 1107. Amendments to control of arms exports and imports.

Sec. 1108. High risk exports and end use verification.

Sec. 1109. Concurrent jurisdiction of the Federal Bureau of Investigation.

Sec. 1110. Report on foreign-supplied defense articles, defense services, and

dual use goods and technology discovered in Iraq.

TITLE XII—STRENGTHENING MUNITIONS EXPORT CONTROLS

Sec. 1201. Control of items on Missile Technology Control Regime Annex.

Sec. 1202. Certifications relating to export of certain defense articles and services.

Sec. 1203. Notification requirements for technical assistance and manufacturing licensing agreements with NATO member countries,

Australia, New Zealand, and Japan.

Sec. 1204. Strengthening defense cooperation with Australia and the United

Kingdom.

Sec. 1205. Training and liaison for small businesses.

Sec. 1206. Study and report relating to co-locating munitions control functions

of the Departments of State, Defense, and Homeland Security.

TITLE XIII—SECURITY ASSISTANCE AND RELATED PROVISIONS

Subtitle A—Foreign Military Sales and Financing Authorities

Sec. 1301. Authorization of appropriations.

Sec. 1302. Provision of cataloging data and services.

Sec. 1303. Annual estimate and justification for sales program.
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Sec. 1304. Adjustment to advance notification requirement for transfer of certain excess defense articles.

Subtitle B—International Military Education and Training

Sec. 1311. Authorization of appropriations.

Sec. 1312. Annual foreign military training reporting.

Sec. 1313. Condition on the provision of certain funds to Indonesia.

Subtitle C—Assistance for Select Countries

Sec. 1321. Assistance for Israel.

Sec. 1322. Assistance for Egypt.

Subtitle D—Miscellaneous Provisions

Sec. 1331. United States War Reserve Stockpiles for Allies.

Sec. 1332. Transfer to Israel of certain defense articles in the United States

War Reserve Stockpiles for Allies.

Sec. 1333. Expansion of authorities for loan of material, supplies, and equipment for research and development purposes.

Sec. 1334. Assistance for demining and related activities.

Sec. 1335. Reports relating to Treaty Between the United States and the Russian Federation on Strategic Offensive Reductions.

Sec. 1336. Statement of House of Representatives regarding the Treaty Between the United States and the Russian Federation on Strategic Offensive Reductions.

Sec. 1337. Nonproliferation and Disarmament Fund.

Sec. 1338. Maritime interdiction patrol boats for Mozambique.

Sec. 1339. Report on missile defense cooperation.

Sec. 1340. Iran’s program to develop a nuclear explosive device.

TITLE XIV—MISSILE THREAT REDUCTION ACT OF 2003

Sec. 1401. Short title.

Subtitle A—Strengthening International Missile Nonproliferation Law

Sec. 1411. Findings.

Sec. 1412. Policy of the United States.

Sec. 1413. Sense of Congress.

Subtitle B—Strengthening United States Missile Nonproliferation Law

Sec. 1421. Probationary period for foreign persons.

Sec. 1422. Strengthening United States missile proliferation sanctions on foreign persons.

Sec. 1423. Comprehensive United States missile proliferation sanctions on all

responsible persons.

Subtitle C—Incentives for Missile Threat Reduction

Sec. 1431. Foreign assistance.

Sec. 1432. Authorization of appropriations.

Sec. 1433. Authorization of technical assistance in missile disarmament.

TITLE XV—PROMOTION OF DEMOCRACY, HUMAN RIGHTS, AND

RULE OF LAW IN BELARUS
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Sec. 1501. Assistance to promote democracy and civil society in Belarus.

Sec. 1502. Radio broadcasting to Belarus.

Sec. 1503. Sense of Congress relating to sanctions against the Government of

Belarus.

Sec. 1504. Multilateral cooperation.

Sec. 1505. Report.

Sec. 1506. Definitions.

TITLE XVI—ISRAELI-PALESTINIAN PEACE ENHANCEMENT ACT

OF 2003

Sec. 1601. Short title.

Sec. 1602. Findings.

Sec. 1603. Purposes.

Sec. 1604. Sense of Congress.

Sec. 1605. Recognition of a Palestinian state.

Sec. 1606. Limitation on assistance to a Palestinian state.

Sec. 1607. Authorization of assistance to a Palestinian state.

TITLE XVII—ACCESS FOR AFGHAN WOMEN

Sec. 1701. Short title.

Sec. 1702. Findings.

Sec. 1703. Establishment of Afghan Women’s Fund.

Sec. 1704. Assistance to Afghanistan.

Sec. 1705. Requirements relating to United States activities in Afghanistan.

Sec. 1706. Reporting requirements.

TITLE XVIII—MISCELLANEOUS FOREIGN ASSISTANCE

PROVISIONS

Sec. 1801. Additional authorities relating to international narcotics control assistance.

Sec. 1802. United States opium eradication program in Colombia.

Sec. 1803. Cooperative Development Program.

Sec. 1804. West Bank and Gaza Program.

Sec. 1805. Annual human rights country reports on incitement to acts of discrimination.

Sec. 1806. Assistance to East Timor.

Sec. 1807. Support for democracy-building efforts for Cuba.

Sec. 1808. Amendment to the Afghanistan Freedom Support Act of 2002.

Sec. 1809. Congo Basin Forest Partnership.

Sec. 1810. Combatting the piracy of United States copyrighted materials.

Sec. 1811. Assistance for law enforcement forces in certain foreign countries.

Sec. 1812. Human Rights and Democracy Fund.

Sec. 1813. Enhanced police training.

Sec. 1814. Promoting a secure and democratic Afghanistan.

Sec. 1815. Grants to the Africa Society.

Sec. 1816. Assistance to Tamil Nadu

Sec. 1817. Transfer of naval vessels to certain foreign countries.

Sec. 1818. Assistance to combat HIV/AIDS in certain countries of the Caribbean region.

Sec. 1819. Report on progress made in modifying the Enhanced HIPC Initiative.

DIVISION E—ASSISTANCE FOR VIET NAM
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TITLE XX—CONDITIONS ON INCREASED NONHUMANITARIAN

ASSISTANCE TO THE GOVERNMENT OF VIET NAM

Sec. 2001. Bilateral nonhumanitarian assistance.

TITLE XXI—ASSISTANCE TO SUPPORT HUMAN RIGHTS AND

DEMOCRACY IN VIET NAM

Sec. 2101. Assistance.

TITLE XXII—UNITED STATES PUBLIC DIPLOMACY

Sec. 2201. Radio Free Asia transmissions to Viet Nam.

Sec. 2202. United States educational and cultural exchange programs with Viet

Nam.

TITLE XXIII—UNITED STATES REFUGEE POLICY

Sec. 2301. Refugee resettlement for nationals of Viet Nam.

TITLE XIV—ANNUAL REPORT ON PROGRESS TOWARD FREEDOM

AND DEMOCRACY IN VIET NAM

Sec. 2401. Annual report.

1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Foreign Relations

6 of the Senate and the Committee on International

7 Relations of the House of Representatives.

8 (2) DEPARTMENT.—The term ‘‘Department’’

9 means the Department of State.

10 (3) SECRETARY.—Except as otherwise provided,

11 the term ‘‘Secretary’’ means the Secretary of State.

12 SEC. 4. SPECIAL RULES FOR APPLYING BUY AMERICAN

13 ACT.

14 (a) ACQUISITIONS OF ARTICLES, MATERIALS, AND

15 SUPPLIES.—With respect to any acquisition under this
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1 Act or any amendment made by this Act of articles, mate2 rials, or supplies that are subject to section 2 of the Buy

3 American Act (41 U.S.C. 10a), such section shall be ap4 plied to such acquisition by substituting ‘‘at least 65 per5 cent’’ for ‘‘substantially all’’; or

6 (b) CONTRACTS FOR CONSTRUCTION, ALTERNATION,

7 OR REPAIR.—With respect to any contract for the con8 struction, alteration, or repair of any public building or

9 public work entered into under this Act or any amendment

10 made by this Act that is subject to section 3 of the Buy

11 American Act (41 U.S.C. 10b), such section shall be ap12 plied to such contract by substituting ‘‘at least 65 per13 cent’’ for ‘‘substantially all’’.

14 DIVISION A—MILLENNIUM

15 CHALLENGE ACCOUNT

16 TITLE I—GENERAL PROVISIONS

17 SEC. 101. SHORT TITLE.

18 This division may be cited as the ‘‘Millennium Chal19 lenge Account Act of 2003’’.

20 SEC. 102. DEFINITIONS.

21 In this division:

22 (1) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate congressional com24 mittees’’ means—
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1 (A) the Committee on International Rela2 tions and the Committee on Appropriations of

3 the House of Representatives; and

4 (B) the Committee on Foreign Relations

5 and the Committee on Appropriations of the

6 Senate.

7 (2) BOARD.—The term ‘‘Board’’ means the

8 Board of Directors of the Corporation established

9 pursuant to section 303 of this Act.

10 (3) COMPACT.—The term ‘‘Compact’’ means

11 the Millennium Challenge Compact described in sec12 tion 204 of this Act.

13 (4) CORPORATION.—The term ‘‘Corporation’’

14 means the Millennium Challenge Corporation estab15 lished under section 301 of this Act.

16 (5) COUNCIL.—The term ‘‘Council’’ means the

17 Millennium Challenge Advisory Council established

18 under section 308 of this Act.

19 (6) MILLENNIUM DEVELOPMENT GOALS.—The

20 term ‘‘Millennium Development Goals’’ means the

21 key development objectives described in the United

22 Nations Millennium Declaration, as contained in

23 United Nations General Assembly Resolution 55/2

24 (September 2000), which aim to eradicate extreme

25 poverty and hunger, achieve universal primary edu-
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1 cation, promote gender equality and empower

2 women, reduce child mortality, improve maternal

3 health, combat HIV/AIDS, malaria, and other infec4 tious diseases, ensure environmental sustainability,

5 and develop a global partnership for development.

6 SEC. 103. SUNSET.

7 All authorities under this division (other than title

8 IV) shall terminate on October 1, 2007.

9 TITLE II—MILLENNIUM

10 CHALLENGE ASSISTANCE

11 SEC. 201. FINDINGS; STATEMENT OF POLICY.

12 (a) FINDINGS.—Congress finds the following:

13 (1) A principal objective of United States for14 eign assistance programs, as stated in section 101 of

15 the Foreign Assistance Act of 1961, is the ‘‘encour16 agement and sustained support of the people of de17 veloping countries in their efforts to acquire the

18 knowledge and resources essential to development

19 and to build the economic, political, and social insti20 tutions which will improve the quality of their lives’’.

21 (2) The expanding acceptance of free trade and

22 open markets and the spread of democracy and the

23 rule of law have brought a better way of life to an

24 increasing number of people in the world.
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1 (3) Inequalities between men and women under2 mine development and poverty-reduction efforts in

3 fundamental ways. A woman’s limited access to re4 sources and restrictions on the exercise of her rights,

5 including the right to participate in social and polit6 ical processes, disables her from maximizing her con7 tribution to her family’s health, education, and gen8 eral well-being.

9 (4) On March 14, 2002, the President noted

10 the successes of development assistance programs:

11 ‘‘The advances of free markets and trade and de12 mocracy and rule of law have brought prosperity to

13 an ever-widening circle of people in this world. Dur14 ing our lifetime, per capita income in the poorest

15 countries has nearly doubled. Illiteracy has been cut

16 by one-third, giving more children a chance to learn.

17 Infant mortality has been almost halved, giving more

18 children a chance to live.’’.

19 (5) Development is neither an easy process nor

20 a linear one. There are successes and there are fail21 ures. Today, too many people are still living in pov22 erty, disease has eroded many of the economic and

23 social gains of previous decades, and many countries

24 have not adopted policies, for a variety of reasons,
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1 that would enable them to compete in an open and

2 equitable international economic system.

3 (6) More countries and more people will be able

4 to participate in and benefit from the opportunities

5 afforded by the global economy if the following con6 ditions for sound and sustainable economic develop7 ment are met:

8 (A) SECURITY.—Security is necessary for

9 economic development. Persistent poverty and

10 oppression can lead to hopelessness, despair,

11 and to failed states that become havens for ter12 rorists.

13 (B) POLICIES THAT SUPPORT BROAD14 BASED ECONOMIC GROWTH.—Successful long15 term development can only occur through

16 broad-based economic growth that enables the

17 poor to increase their incomes and have access

18 to productive resources and services so that

19 they can lead lives of decency, dignity, and

20 hope.

21 (C) DEMOCRACY AND THE RULE OF

22 LAW.—Democratic development, political plu23 ralism, and respect for internationally recog24 nized human rights are intrinsically linked to

25 economic and social progress. The ability of
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1 people to participate in the economic and polit2 ical processes affecting their lives is essential to

3 sustained growth. The rule of law and a com4 mitment to fight corruption is also critical to

5 the development of a prosperous society.

6 (D) INVESTMENTS IN PEOPLE.—Economic

7 growth and democracy can be sustained only if

8 both men and women have the basic tools and

9 capabilities that foster the opportunity for par10 ticipation in the economic, social, and political

11 life of their countries. Successful development

12 of countries requires citizens who are literate,

13 healthy, and prepared and able to work.

14 (7) Economic assistance programs authorized

15 under part I of the Foreign Assistance Act of 1961,

16 as administered by the United States Agency for

17 International Development and other Federal agen18 cies, are of critical importance in assisting countries

19 to be in a position to maximize the effectiveness of

20 assistance authorized by this title.

21 (8) It is in the national interest of the United

22 States to help those countries that are implementing

23 the economic and political reforms necessary for de24 velopment to occur.
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1 (9) On March 14, 2002, the President stated

2 that the ‘‘growing divide between wealth and pov3 erty, between opportunity and misery, is both a chal4 lenge to our compassion and a source of instability

5 . . . [w]e must confront it . . . [w]e must include

6 every African, every Asian, every Latin American,

7 every Muslim, in an expanding circle of develop8 ment.’’.

9 (10) The President has pledged that funds re10 quested for the Millennium Challenge Account shall

11 be in addition to, and not a substitute for, existing

12 development and humanitarian programs.

13 (11) Development assistance alone is not suffi14 cient to stimulate economic growth and development.

15 Assistance has been shown to have a positive impact

16 on growth and development in developing countries

17 with sound policies and institutions. If countries

18 have poor policies and institutions, however, it is

19 highly unlikely that assistance will have a net posi20 tive effect.

21 (12) Economic development, and the achieve22 ment of the Millennium Development Goals, must be

23 a shared responsibility between donor and recipient

24 countries.
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1 (b) STATEMENT OF POLICY REGARDING A NEW

2 COMPACT FOR GLOBAL DEVELOPMENT.—It is, therefore,

3 the policy of the United States to support a new compact

4 for global development that—

5 (1) increases support by donor countries to

6 those developing countries that are fostering democ7 racy and the rule of law, investing in their people,

8 and promoting economic freedom for all their people;

9 (2) recognizes, however, that it is the devel10 oping countries themselves that are primarily re11 sponsible for the achievement of those goals;

12 (3) seeks to coordinate the disparate develop13 ment assistance policies of donor countries, and to

14 harmonize the trade and finance policies of donor

15 countries with their respective development assist16 ance programs; and

17 (4) aims to reduce poverty by significantly in18 creasing the economic growth trajectory of bene19 ficiary countries through investing in the productive

20 potential of the people of such countries.

21 SEC. 202. AUTHORIZATION OF ASSISTANCE.

22 (a) ASSISTANCE.—The President, acting through the

23 Chief Executive Officer of the Millennium Challenge Cor24 poration, is authorized to provide assistance to eligible

25 countries to support policies and programs that advance
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1 the progress of such countries in achieving lasting eco2 nomic growth and poverty reduction and are in further3 ance of the purposes of this title.

4 (b) PRINCIPAL OBJECTIVES.—Assistance provided

5 under subsection (a) should advance a country’s progress

6 toward promoting the following principal objectives:

7 (1) FOSTERING DEMOCRATIC SOCIETIES,

8 HUMAN RIGHTS, AND THE RULE OF LAW.—The as9 sistance should promote—

10 (A) political, social, and economic plu11 ralism;

12 (B) respect for the rule of law;

13 (C) anti-corruption initiatives and law en14 forcement;

15 (D) development of institutions of demo16 cratic governance, including electoral and legis17 lative processes;

18 (E) transparent and accountable public ad19 ministration at all levels of government;

20 (F) a fair, competent, and independent ju21 diciary; and

22 (G) a free and independent media.

23 (2) FOSTERING INVESTMENT IN EDUCATION

24 AND HEALTH INFRASTRUCTURE AND SYSTEMS.—

25 The assistance should foster improved educational
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1 opportunities and health conditions, particularly for

2 women and children, including through—

3 (A) support for programs and personnel

4 that promote broad-based primary education,

5 including through the development of academic

6 curricula, by making available textbooks and

7 other educational materials, and through appro8 priate use of technology;

9 (B) support for programs to strengthen

10 and build institutions, including primary health

11 care systems, infrastructure, facilities, and per12 sonnel that provide quality health care;

13 (C) support for improved systems for the

14 delivery of healthy water and sanitation serv15 ices; and

16 (D) support for programs that reduce child

17 mortality (including those programs that com18 bat HIV/AIDS, malaria, tuberculosis, and other

19 infectious diseases, consistent with sections

20 104(c), 104A, 104B, and 104C of the Foreign

21 Assistance Act of 1961).

22 (3) PROMOTING ECONOMIC FREEDOM, BROAD23 BASED ECONOMIC GROWTH, AND FOSTERING FREE

24 MARKET SYSTEMS.—The assistance should foster the
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1 institutions and conditions needed to promote free

2 market systems, trade, and investment, including—

3 (A) the reform and restructuring of bank4 ing and financial systems, including by allowing

5 foreign competition in the banking and financial

6 sectors, where appropriate;

7 (B) the development of transparent and ef8 ficient commercial codes and reduction in the

9 regulatory burden on business;

10 (C) the protection of property rights,

11 including—

12 (i) private property and intellectual

13 property rights, including through the

14 adoption and effective enforcement of intel15 lectual property treaties or international

16 agreements; and

17 (ii) the establishment and mainte18 nance of an efficient and integrated legal

19 property system that, among other things,

20 facilitates the ability of the poor, particu21 larly women, to convert physical and intel22 lectual assets into capital, such as utilizing

23 existing practices and customs that allow

24 assets to be documented in a manner that

25 makes the assets widely transferable,
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1 leveragable, and fungible, that allows indi2 viduals to hold legal title to their property,

3 and that holds owners accountable for

4 transactions involving their property;

5 (D) support for market-based policies that

6 support increased agricultural production;

7 (E) a strong commitment to sound mone8 tary and budgetary policies;

9 (F) the development of small businesses,

10 private cooperatives, credit unions, and trade

11 and labor unions;

12 (G) the protection of internationally recog13 nized workers’ rights; and

14 (H) the capacity of eligible countries to

15 ameliorate damage to the environment and re16 spect other environmental standards.

17 SEC. 203. ELIGIBILITY AND RELATED REQUIREMENTS.

18 (a) ASSISTANCE FOR LOW INCOME COUNTRIES.—

19 (1) FISCAL YEAR 2004.—A country shall be eli20 gible to receive assistance under section 202 for fis21 cal year 2004 if—

22 (A) the country is eligible for assistance

23 from the International Development Associa24 tion, and the per capita income of the country

25 is equal to or less than the historical ceiling of
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1 the International Development Association for

2 that year, as defined by the International Bank

3 for Reconstruction and Development;

4 (B) subject to paragraph (3), the country

5 is not ineligible to receive United States eco6 nomic assistance by reason of the application of

7 section 116, 490, or 620A of the Foreign As8 sistance Act of 1961, or by reason of the appli9 cation of any other provision of law; and

10 (C) the Chief Executive Officer of the Cor11 poration determines that the country has dem12 onstrated a commitment to—

13 (i) bolster democracy, human rights,

14 good governance and the rule of law;

15 (ii) invest in the health and education

16 of its citizens; and

17 (iii) promote sound economic policies

18 that promote economic freedom and oppor19 tunity.

20 (2) FISCAL YEARS 2005 AND 2006.—A country

21 shall be eligible to receive assistance under section

22 202 for fiscal years 2005 and 2006 if—

23 (A) the per capita income of the country is

24 equal to or less than the historical ceiling of the

25 International Development Association for the
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1 fiscal year involved, as defined by the Inter2 national Bank for Reconstruction and Develop3 ment;

4 (B) the country meets the requirements of

5 paragraph (1)(B); and

6 (C) the country meets the requirements of

7 clauses (i) through (iii) of paragraph (1)(C), as

8 determined by the Chief Executive Officer.

9 (3) RULE OF CONSTRUCTION.—For the pur10 poses of determining whether a country is eligible

11 for receiving assistance under section 202 pursuant

12 to paragraph (1)(B), the exercise by the President,

13 the Secretary of State, or any other officer or em14 ployee of the United States of any waiver or suspen15 sion of any provision of law referred to in such para16 graph shall not be construed as satisfying the re17 quirement of such paragraph.

18 (b) ASSISTANCE FOR LOWER MIDDLE INCOME

19 COUNTRIES.—

20 (1) IN GENERAL.—In addition to countries de21 scribed in subsection (a), a country shall be eligible

22 to receive assistance under section 202 for fiscal

23 year 2006 if the country—

24 (A) is classified as a lower middle income

25 country in the then most recent edition of the
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1 World Development Report published by the

2 International Bank for Reconstruction and De3 velopment;

4 (B) meets the requirements of subsection

5 (a)(1)(B); and

6 (C) meets the requirements of clauses (i)

7 through (iii) of subsection (a)(1)(C), as deter8 mined by the Chief Executive Officer.

9 (2) LIMITATION.—The total amount of assist10 ance provided to countries under this subsection for

11 fiscal year 2006 may not exceed 20 percent of the

12 total amount of assistance provided to all countries

13 under section 202 for fiscal year 2006.

14 (c) ASSISTANCE FOR SELECTED LOW INCOME COUN15 TRIES.—

16 (1) IN GENERAL.—A country shall be eligible to

17 receive assistance for any of fiscal years 2004

18 through 2006 solely for the purpose of becoming eli19 gible to receive assistance under subsection (a) if the

20 country—

21 (A) meets the requirements of paragraphs

22 (1)(B) and (2)(A) of subsection (a);

23 (B) demonstrates a commitment to meet24 ing the requirements of clauses (i) through (iii)
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1 of subsection (a)(1)(C), as determined by the

2 Chief Executive Officer; but

3 (C) fails to meet the eligibility criteria nec4 essary to receive assistance under section 202,

5 as established under subsection (e).

6 (2) ADMINISTRATION.—Assistance for countries

7 eligible by reason of the application of this sub8 section shall be provided through the United States

9 Agency for International Development.

10 (3) ALLOCATION OF FUNDS.—Of the amount

11 authorized to be appropriated under section 208(a)

12 for a fiscal year, not more than 15 percent of such

13 amount is authorized to be appropriated to the

14 President for the fiscal year to carry out this sub15 section.

16 (d) GENERAL AUTHORITY TO DETERMINE ELIGI17 BILITY.—

18 (1) GENERAL AUTHORITY.—The Chief Execu19 tive Officer shall determine whether or not a country

20 is eligible to receive assistance under section 202.

21 (2) CONGRESSIONAL NOTIFICATION.—Not later

22 than 7 days after making a determination of eligi23 bility for a country under paragraph (1), the Chief

24 Executive Officer shall provide notice thereof to the

25 appropriate congressional committees. Such notice
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1 shall include a certification of the determination of

2 the Chief Executive Officer that the country meets

3 the requirements of clauses (i) through (iii) of sub4 section (a)(1)(C) in accordance with such subsection,

5 subsection (a)(2)(C), subsection (b)(1)(C), or sub6 section (c)(1)(B), as the case may be.

7 (e) ELIGIBILITY CRITERIA.—

8 (1) INITIAL CRITERIA AND METHODOLOGY.—At

9 soon as practicable after the date of the enactment

10 of this Act, but not later than 30 days prior to mak11 ing any determination of eligibility for a country

12 under this section, the Chief Executive Officer—

13 (A) shall consult in-person with the appro14 priate congressional committees with respect to

15 the establishment of eligibility criteria and

16 methodology that the Chief Executive Officer

17 proposes to use for purposes of determining eli18 gibility under this section;

19 (B) shall establish such eligibility criteria

20 and methodology; and

21 (C) shall prepare and transmit to such

22 committees a written report that contains such

23 eligibility criteria and methodology.

24 (2) REVISIONS TO CRITERIA AND METHOD25 OLOGY.—If the Chief Executive Officer proposes to
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1 use revised or different criteria from the criteria de2 scribed in paragraph (1) in making a determination

3 of eligibility for a country under this section, then,

4 not later than 15 days prior to making such deter5 mination, the Chief Executive Officer shall consult

6 in-person with the appropriate congressional com7 mittees with respect to such revised or different cri8 teria and methodology in accordance with paragraph

9 (1)(A) and shall prepare and transmit a written re10 port in accordance with paragraph (1)(C).

11 (f) FORM OF ASSISTANCE; RECIPIENTS.—

12 (1) FORM OF ASSISTANCE.—Assistance pro13 vided under section 202 for a country shall be pro14 vided to one or more of the entities described in

15 paragraph (2) on a nonrepayable basis and in ac16 cordance with a fair, open, and competitive selection

17 process that results in the awarding of such assist18 ance on a merit basis using selection criteria that

19 are made public by the Corporation in advance and

20 are otherwise in accordance with standard and cus21 tomary best practices for the provision of similar

22 types of assistance.

23 (2) RECIPIENTS.—The entities referred to in

24 paragraph (1) are the following:
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1 (A) The national government of the coun2 try.

3 (B) Regional or local governmental units

4 of the country.

5 (C) Nongovernmental organizations, in6 cluding for-profit, not-for-profit, and voluntary

7 organizations.

8 (D) International organizations and trust

9 funds.

10 (g) CONGRESSIONAL NOTIFICATION.—The Chief Ex11 ecutive Officer may not make any grant or enter into any

12 contract for assistance for a country under section 202

13 that exceeds $5,000,000 until 15 days after the date on

14 which the Chief Executive Officer provides notification of

15 the proposed grant or contract to the appropriate congres16 sional committees in accordance with the procedures appli17 cable to reprogramming notifications under section 634A

18 of the Foreign Assistance Act of 1961.

19 (h) PROHIBITION ON USE OF FUNDS.—The prohibi20 tions on use of funds contained in paragraphs (1) through

21 (3) of section 104(f) of the Foreign Assistance Act of

22 1961 (22 U.S.C. 2151b(f)(1)–(3)) shall apply to funds

23 made available to carry out this division to the same ex24 tent and in the same manner as such prohibitions apply

25 to funds made available to carry out part I of such Act.
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1 SEC. 204. MILLENNIUM CHALLENGE COMPACT.

2 (a) COMPACT.—The President, acting through the

3 Chief Executive Officer of the Corporation, may provide

4 assistance to an eligible country under section 202 only

5 if the country enters into a contract with the United

6 States, to be known as a ‘‘Millennium Challenge Com7 pact’’, that establishes a multi-year plan for achieving

8 shared development objectives in furtherance of the pur9 poses of this title, and only if the President, acting

10 through the Chief Executive Officer, provides to Congress

11 notice regarding such Compact pursuant to subsection (h).

12 (b) ELEMENTS.—

13 (1) IN GENERAL.—The Compact shall take into

14 account the national development strategy of the eli15 gible country and shall contain—

16 (A) the specific objectives that the country

17 and the United States expect to achieve;

18 (B) the responsibilities of the country and

19 the United States in the achievement of such

20 objectives;

21 (C) regular benchmarks to measure, where

22 appropriate, progress toward achieving such ob23 jectives;

24 (D) an identification of the intended bene25 ficiaries, disaggregated by income level, gender,

26 and age, to the maximum extent practicable;
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1 (E) a multi-year financial plan, including

2 the estimated amount of contributions by the

3 Corporation and the country and proposed

4 mechanisms to implement the plan and provide

5 oversight, that describes how the requirements

6 of subparagraphs (A) through (D) will be met,

7 including identifying the role of civil society in

8 the achievement of such requirements;

9 (F) where appropriate, a description of the

10 responsibility of other donors in the achieve11 ment of such objectives; and

12 (G) a plan to ensure appropriate fiscal ac13 countability for the use of assistance provided

14 under section 202.

15 (2) LOWER MIDDLE INCOME COUNTRIES.—In addi16 tion to the elements described in subparagraphs (A)

17 through (G) of paragraph (1), with respect to a lower mid18 dle income country described in section 203(b), the Com19 pact shall identify an appropriate contribution from the

20 country relative to its national budget, taking into account

21 the prevailing economic conditions, toward meeting the ob22 jectives of the Compact. Such contribution shall be in ad23 dition to government spending allocated for such purposes

24 in the country’s budget for the year immediately preceding
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1 the establishment of the Compact and shall continue for

2 the duration of the Compact.

3 (c) DEFINITION.—In subsection (b), the term ‘‘na4 tional development strategy’’ means any strategy to

5 achieve market-driven economic growth that has been de6 veloped by the government of the country in consultation

7 with a wide variety of civic participation, including non8 governmental organizations, private and voluntary organi9 zations, academia, women and student organizations, local

10 trade and labor unions, and the business community.

11 (d) ADDITIONAL PROVISION RELATING TO PROHIBI12 TION ON TAXATION.—In addition to the elements de13 scribed in subsection (b), each Compact shall contain a

14 provision that states that assistance provided by the

15 United States under the Compact shall be exempt from

16 taxation by the government of the eligible country.

17 (e) LOCAL INPUT.—In entering into a Compact, the

18 United States and the eligible country—

19 (1) shall take into account the local-level per20 spectives of the rural and urban poor in the eligible

21 country; and

22 (2) should consult with private and voluntary

23 organizations, the business community, and other

24 donors, in the eligible country.
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1 (f) CONSULTATION.—During any discussions with a

2 country for the purpose of entering into a Compact with

3 the country, officials of the Corporation participating in

4 such discussions shall, at a minimum, consult with appro5 priate officials of the United States Agency for Inter6 national Development, particularly with those officials re7 sponsible for the appropriate region or country on develop8 ment issues related to the Compact.

9 (g) COORDINATION WITH OTHER DONORS.—To the

10 maximum extent feasible, activities undertaken to achieve

11 the objectives of the Compact shall be undertaken in co12 ordination with the assistance activities of other donors.

13 (h) CONGRESSIONAL AND PUBLIC NOTIFICATION.—

14 Not later than 15 days prior to entering into a Compact

15 with an eligible country, the President, acting through the

16 Chief Executive Officer—

17 (1) shall consult in-person with the appropriate

18 congressional committees with respect to the pro19 posed Compact;

20 (2) shall provide notification of the proposed

21 Compact to the appropriate congressional commit22 tees in accordance with the procedures applicable to

23 reprogramming notifications under section 634A of

24 the Foreign Assistance Act of 1961;
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1 (3) shall prepare and transmit to such commit2 tees a written report that contains a detailed sum3 mary of the proposed Compact and a copy of the full

4 text of the Compact; and

5 (4) shall publish such detailed summary and

6 full text of the proposed Compact in the Federal

7 Register and on the Internet website of the Corpora8 tion.

9 (i) ASSISTANCE FOR DEVELOPMENT OF COMPACT.—

10 Notwithstanding subsection (a), the Chief Executive Offi11 cer may enter into contracts or make grants for any eligi12 ble country for the purpose of facilitating the development

13 of the Compact between the United States and the coun14 try.

15 SEC. 205. SUSPENSION AND TERMINATION OF ASSISTANCE.

16 (a) SUSPENSION OF ASSISTANCE.—

17 (1) IN GENERAL.—The President shall suspend

18 assistance in whole or in part for a country under

19 this title if the President determines that—

20 (A) the country is engaged in activities

21 which are contrary to the national security in22 terests of the United States;

23 (B) the elected head of state of the country

24 or any member of the country’s highest judicial

25 tribunal has been removed from that office or
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1 forcibly detained through extra-constitutional

2 processes; or

3 (C) the country has failed to adhere to its

4 responsibilities under the Compact.

5 (2) REINSTATEMENT.—The President may re6 instate assistance for a country under this title only

7 if the President determines that the country has

8 demonstrated a commitment to correcting each con9 dition for which assistance was suspended under

10 paragraph (1).

11 (3) CONGRESSIONAL NOTIFICATION.—A suspen12 sion of assistance under paragraph (1), or a rein13 statement of assistance under paragraph (2), shall

14 be effective beginning 15 days after the date on

15 which the President transmits to the appropriate

16 congressional committees a report that contains the

17 determination of the President under paragraph (1)

18 or paragraph (2), as the case may be.

19 (b) TERMINATION OF ASSISTANCE.—

20 (1) IN GENERAL.—The President, acting

21 through the Chief Executive Officer of the Corpora22 tion, shall terminate all assistance for a country

23 under this title if the President determines that the

24 country has consistently failed to adhere to its re-
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1 sponsibilities under the Compact or has significantly

2 failed to meet the requirements of this title.

3 (2) CONGRESSIONAL NOTIFICATION.—A termi4 nation of assistance under paragraph (1) shall be ef5 fective beginning 15 days after the date on which

6 the President, acting through the Chief Executive

7 Officer, provides notification of the proposed termi8 nation of assistance to the congressional committees

9 specified in section 634A(a) of the Foreign Assist10 ance Act of 1961 in accordance with the procedures

11 applicable to reprogramming notifications under that

12 section.

13 SEC. 206. ANNUAL REPORT.

14 (a) REPORT.—Not later than April 1, 2005, and not

15 later than April 1 of each year thereafter, the Chief Exec16 utive Officer of the Corporation shall prepare and trans17 mit to the appropriate congressional committees a report

18 on the implementation of this title for the preceding year.

19 (b) CONTENTS.—The report shall include the fol20 lowing:

21 (1) A description and assessment of the eligi22 bility criteria and methodology utilized by the Chief

23 Executive Officer to determine eligibility for each

24 country under section 203.
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1 (2) A description of the agreed upon measures

2 of progress contained in each Compact.

3 (3)(A) An analysis, on a country-by-country,

4 project-by-project basis, of the impact of assistance

5 provided under this title on the economic develop6 ment of each country.

7 (B) For each country, the analysis shall—

8 (i) to the maximum extent possible, be

9 done on a sector-by-sector basis, gender basis,

10 and per capita income basis, and identify trends

11 within each of these bases;

12 (ii) identify economic policy reforms condu13 cive to economic development that are sup14 ported by assistance provided under this title;

15 (iii) describe, in quantified terms to the ex16 tent practicable, the progress made in achieving

17 assistance objectives for the country;

18 (iv) describe the amount and nature of eco19 nomic assistance provided by other major do20 nors which further the purposes of this title;

21 and

22 (v) discuss the commitment and contribu23 tion of the country to achieving the assistance

24 objectives contained in its Compact.
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1 (4) A description and assessment of property

2 rights in each country, including—

3 (A) the total value of legal and extralegal

4 property and business holdings;

5 (B) the average time required to acquire

6 land; and

7 (C) the average time required to register

8 and wind up a business enterprise.

9 SEC. 207. PARTICIPATION OF CERTAIN UNITED STATES

10 BUSINESSES.

11 (a) PARTICIPATION.—To the maximum extent prac12 ticable, the President, acting through the Chief Executive

13 Officer, shall ensure that United States small, minority14 owned, and disadvantaged business enterprises fully par15 ticipate in the provision of goods and services that are fi16 nanced with funds made available under this title.

17 (b) REPORT.—The Chief Executive Officer shall pre18 pare and submit to the appropriate congressional commit19 tees an annual report that contains a description of the

20 extent to which the requirement of subsection (a) has been

21 met for the preceding year.

22 SEC. 208. AUTHORIZATION OF APPROPRIATIONS; RELATED

23 AUTHORITIES.

24 (a) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated to the President, acting
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1 through the Chief Executive Officer of the Corporation,

2 to carry out this division (other than title IV)

3 $1,300,000,000 for fiscal year 2004, $3,000,000,000 for

4 fiscal year 2005, and $5,000,000,000 for fiscal year 2006.

5 (b) ADDITIONAL AUTHORITIES.—Amounts appro6 priated pursuant to the authorization of appropriations

7 under subsection (a)—

8 (1) may be referred to as the ‘‘Millennium

9 Challenge Account’’;

10 (2) are authorized to remain available until ex11 pended; and

12 (3) are in addition to amounts otherwise avail13 able for such purposes.

14 TITLE III—MILLENNIUM

15 CHALLENGE CORPORATION

16 SEC. 301. MILLENNIUM CHALLENGE CORPORATION.

17 (a) ESTABLISHMENT.—There is hereby established in

18 the executive branch a corporation to be known as the

19 ‘‘Millennium Challenge Corporation’’ that shall be respon20 sible for carrying out title II.

21 (b) GOVERNMENT CORPORATION.—The Corporation

22 shall be a Government corporation, as defined in section

23 103 of title 5, United States Code.
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1 SEC. 302. CHIEF EXECUTIVE OFFICER.

2 (a) APPOINTMENT.—The Corporation shall be head3 ed by an individual who shall serve as Chief Executive Of4 ficer of the Corporation, who shall be appointed by the

5 President, by and with the advice and consent of the Sen6 ate.

7 (b) COMPENSATION AND RANK.—

8 (1) IN GENERAL.—The Chief Executive Officer

9 shall be compensated at the rate provided for level

10 II of the Executive Schedule under section 5313 of

11 title 5, United States Code, and shall have the equiv12 alent rank of Deputy Secretary.

13 (2) AMENDMENT.—Section 5313 of title 5,

14 United States Code, is amended by adding at the

15 end the following:

16 ‘‘Chief Executive Officer, Millennium Challenge

17 Corporation.’’.

18 (c) AUTHORITIES AND DUTIES.—The Chief Execu19 tive Officer shall exercise the powers and discharge the

20 duties of the Corporation and any other duties, as con21 ferred on the Chief Executive Officer by the President.

22 (d) AUTHORITY TO APPOINT OFFICERS.—The Chief

23 Executive Officer shall appoint all officers of the Corpora24 tion.
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1 SEC. 303. BOARD OF DIRECTORS.

2 (a) IN GENERAL.—There shall be in the Corporation

3 a Board of Directors.

4 (b) DUTIES.—The Board may prescribe, amend, and

5 repeal bylaws, rules, regulations, and procedures gov6 erning the manner in which the business of the Corpora7 tion may be conducted and in which the powers granted

8 to it by law may be exercised.

9 (c) MEMBERSHIP.—

10 (1) IN GENERAL.—The Board shall consist of—

11 (A) the Secretary of State, the Secretary

12 of Treasury, the Administrator of the United

13 States Agency for International Development,

14 the Chief Executive Officer of the Corporation,

15 and the United States Trade Representative;

16 and

17 (B) four other individuals who shall be ap18 pointed by the President, by and with the ad19 vice and consent of the Senate, of which—

20 (i) one individual shall be appointed

21 from among a list of individuals submitted

22 by the majority leader of the House of

23 Representatives;

24 (ii) one individual shall be appointed

25 from among a list of individuals submitted
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1 by the minority leader of the House of

2 Representatives;

3 (iii) one individual shall be appointed

4 from among a list of individuals submitted

5 by the majority leader of the Senate; and

6 (iv) one individual shall be appointed

7 from among a list of individuals submitted

8 by the minority leader of the Senate.

9 (2) EX-OFFICIO MEMBERS.—In addition to

10 members of the Board described in paragraph (1),

11 the Director of the Office of Management and Budg12 et, the President and Chief Executive Officer of the

13 Overseas Private Investment Corporation, the Direc14 tor of the Trade and Development Agency, and the

15 Director of the Peace Corps shall be non-voting

16 members, ex officio, of the Board.

17 (d) TERMS.—

18 (1) OFFICERS OF FEDERAL GOVERNMENT.—

19 Each member of the Board described in paragraphs

20 (1)(A) and (2) of subsection (c) shall serve for a

21 term that is concurrent with the term of service of

22 the individual’s position as an officer within the

23 other Federal department or agency.

24 (2) OTHER MEMBERS.—Each member of the

25 Board described in subsection (c)(1)(B) shall be ap-
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1 pointed for a term of 3 years and may be re2 appointed for a term of an additional 2 years.

3 (3) VACANCIES.—A vacancy in the Board shall

4 be filled in the manner in which the original appoint5 ment was made.

6 (e) CHAIRPERSON.—The Secretary of State shall

7 serve as the Chairperson of the Board.

8 (f) QUORUM.—A majority of the members of the

9 Board shall constitute a quorum, which shall include at

10 least one member of the Board described in subsection

11 (c)(1)(B).

12 (g) MEETINGS.—The Board shall meet at the call of

13 the Chairperson.

14 (h) COMPENSATION.—

15 (1) OFFICERS OF FEDERAL GOVERNMENT.—

16 (A) IN GENERAL.—A member of the Board

17 described in paragraphs (1)(A) and (2) of sub18 section (c) may not receive additional pay, al19 lowances, or benefits by reason of their service

20 on the Board.

21 (B) TRAVEL EXPENSES.—Each such mem22 ber of the Board shall receive travel expenses,

23 including per diem in lieu of subsistence, in ac24 cordance with applicable provisions under sub-
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1 chapter I of chapter 57 of title 5, United States

2 Code.

3 (2) OTHER MEMBERS.—

4 (A) IN GENERAL.—Except as provided in

5 paragraph (2), a member of the Board de6 scribed in subsection (c)(1)(B)—

7 (i) shall be paid compensation out of

8 funds made available for the purposes of

9 this title at the daily equivalent of the

10 highest rate payable under section 5332 of

11 title 5, United States Code, for each day

12 (including travel time) during which the

13 member is engaged in the actual perform14 ance of duties as a member of the Board;

15 and

16 (ii) while away from the member’s

17 home or regular place of business on nec18 essary travel, as determined by the Chief

19 Executive Officer, in the actual perform20 ance of duties as a member of the Board,

21 shall be paid per diem, travel, and trans22 portation expenses in the same manner as

23 is provided under subchapter I of chapter

24 57 of title 5, United States Code.
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1 (B) LIMITATION.—A member of the Coun2 cil may not be paid compensation under sub3 paragraph (A)(i) for more than thirty days in

4 any calendar year.

5 SEC. 304. INTERAGENCY COORDINATION.

6 In carrying out the functions described in this title,

7 and consistent with section 101 of the National Security

8 Act of 1947 (50 U.S.C. 402), the President shall ensure

9 coordination of assistance authorized under title II with

10 foreign economic assistance programs and activities car11 ried out by other Federal departments and agencies.

12 SEC. 305. POWERS OF THE CORPORATION; RELATED PROVI13 SIONS.

14 (a) POWERS.—The Corporation—

15 (1) may adopt, alter, and use a corporate seal,

16 which shall be judicially noticed;

17 (2) may prescribe, amend, and repeal such

18 rules, regulations, and procedures as are necessary

19 for carrying out the functions of the Corporation

20 and all Compacts;

21 (3) may make and perform such contracts,

22 grants, and other agreements with any individual,

23 corporation, or other private or public entity, how24 ever designated and wherever situated, as may be
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1 necessary for carrying out the functions of the Cor2 poration;

3 (4) may determine and prescribe the manner in

4 which its obligations shall be incurred and its ex5 penses allowed and paid, including expenses for rep6 resentation not exceeding $95,000 in any fiscal year;

7 (5) may lease, purchase, or otherwise acquire,

8 own, hold, improve, use or otherwise deal in and

9 with such property (real, personal, or mixed) or any

10 interest therein, wherever situated, as may be nec11 essary for carrying out the functions of the Corpora12 tion;

13 (6) may accept gifts or donations of services or

14 of property (real, personal, or mixed), tangible or in15 tangible, in furtherance of the purposes of this divi16 sion;

17 (7) may hire or obtain passenger motor vehi18 cles;

19 (8) may use the United States mails in the

20 same manner and on the same conditions as the Ex21 ecutive departments (as defined in section 101 of

22 title 5, United States Code);

23 (9) may, with the consent of any Executive

24 agency (as defined in section 105 of title 5, United

25 States Code), use the information, services, facilities,
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1 and personnel of that agency on a full or partial re2 imbursement in carrying out the purposes of this di3 vision; and

4 (10) may sue and be sued, complain, and de5 fend, in its corporate name in any court of com6 petent jurisdiction.

7 (b) OFFICES.—

8 (1) PRINCIPAL OFFICE.—The Corporation shall

9 maintain its principal office in the metropolitan area

10 of Washington, District of Columbia.

11 (2) OTHER OFFICES.—The Corporation may es12 tablish other offices in any place or places outside

13 the United States in which the Corporation may

14 carry out any or all of its operations and business.

15 (c) COOPERATION WITH OTHER FEDERAL DEPART16 MENTS AND AGENCIES.—In order to avoid unnecessary

17 expense and duplication of functions, efforts, and activities

18 between the Corporation and other Federal departments

19 and agencies the Chief Executive Officer, or the Chief Ex20 ecutive Officer’s designee—

21 (1)(A) shall consult, to the maximum extent

22 practicable, with the Administrator of the United

23 States Agency for International Development, or the

24 Administrator’s designee, in order to coordinate the
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1 activities of the Corporation and the Agency for

2 International Development; and

3 (B) shall consult with the heads of other de4 partments and agencies to ensure similar coordina5 tion of activities;

6 (2)(A) shall ensure proper coordination of ac7 tivities of the Corporation with the provision of de8 velopment assistance of relevant international finan9 cial institutions, including the International Bank

10 for Reconstruction and Development, the Inter11 national Monetary Fund, and the regional multilat12 eral development banks; and

13 (B) shall provide to each United States Execu14 tive Director (or other United States representative)

15 to the relevant international financial institutions a

16 copy of each proposed Compact between the United

17 States and an eligible country and a copy of each

18 such final Compact.

19 (d) POSITIONS WITH FOREIGN GOVERNMENTS.—

20 When approved by the Corporation, in furtherance of its

21 purposes, employees of the Corporation (including individ22 uals detailed to the Corporation) may accept and hold of23 fices or positions to which no compensation is attached

24 with governments or governmental agencies of foreign

25 countries or with international organizations.
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1 SEC. 306. TRANSPARENCY AND ACCOUNTABILITY OF THE

2 CORPORATION.

3 The Corporation and its officers and employees shall

4 be subject to the provisions of section 552 of title 5,

5 United States Code (relating to freedom of information).

6 SEC. 307. DETAIL OF PERSONNEL TO THE CORPORATION;

7 OTHER AUTHORITIES AND LIMITATIONS.

8 (a) DETAIL OF PERSONNEL.—Upon request of the

9 Chief Executive Officer of the Corporation, the head of

10 an agency may detail any employee of such agency to the

11 Corporation on a fully or partially reimbursable basis. Any

12 employee so detailed remains, for the purpose of pre13 serving such employee’s allowances, privileges, rights, se14 niority, and other benefits, an employee of the agency

15 from which detailed.

16 (b) LIMITATION ON TOTAL SERVICE.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), no individual may serve in or under the

19 Corporation (whether as an employee of the Cor20 poration, a detailee to the Corporation, or a com21 bination thereof) for a total period exceeding 5

22 years.

23 (2) EXCEPTIONS.—

24 (A) EXTENSION AUTHORITY.—The Chief

25 Executive Officer may extend the 5-year period

26 under paragraph (1) for up to an additional 3
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1 years, in the case of any particular individual,

2 if the Chief Executive Officer determines that

3 such extension is essential to the achievement of

4 the purposes of this division.

5 (B) OFFICERS.—Nothing in this sub6 section shall limit the period for which an indi7 vidual may serve as an officer of the Corpora8 tion appointed pursuant to section 302(d) nor

9 shall any period of service as such an officer be

10 taken into account for purposes of applying this

11 subsection.

12 (c) REEMPLOYMENT RIGHTS.—

13 (1) IN GENERAL.—An employee of an agency

14 who is serving under a career or career conditional

15 appointment (or the equivalent), and who, with the

16 consent of the head of such agency, transfers to the

17 Corporation, is entitled to be reemployed in such em18 ployee’s former position or a position of like senior19 ity, status, and pay in such agency, if such

20 employee—

21 (A) is separated from the Corporation—

22 (i) by reason of the application of sub23 section (b); or
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1 (ii) for any other reason, other than

2 misconduct, neglect of duty, or malfea3 sance; and

4 (B) applies for reemployment not later

5 than 90 days after the date of separation from

6 the Corporation.

7 (2) SPECIFIC RIGHTS.—An employee who satis8 fies paragraph (1) is entitled to be reemployed (in

9 accordance with such paragraph) within 30 days

10 after applying for reemployment and, on reemploy11 ment, is entitled to at least the rate of basic pay to

12 which such employee would have been entitled had

13 such employee never transferred.

14 (d) BASIC PAY.—The Chief Executive Officer may fix

15 the rate of basic pay of employees of the Corporation with16 out regard to the provisions of—

17 (1) chapter 51 of title 5, United States Code

18 (relating to the classification of positions), and

19 (2) subchapter III of chapter 53 of such title

20 (relating to General Schedule pay rates),

21 except that no employee of the Corporation may receive

22 a rate of basic pay that exceeds the rate for level II of

23 the Executive Schedule under section 5313 of such title.

24 (e) ASSIGNMENT TO UNITED STATES EMBASSIES.—

25 An employee of the Corporation, including an individual
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1 detailed to or contracted by the Corporation, may be as2 signed to a United States diplomatic mission or consular

3 post, or United States Agency for International Develop4 ment field mission.

5 (f) PRIVILEGES AND IMMUNITIES.—The Secretary of

6 State shall seek to ensure that an employee of the Cor7 poration, including an individual detailed to or contracted

8 by the Corporation, and the members of the family of such

9 employee, while the employee is performing duties in any

10 country or place outside the United States, enjoy the privi11 leges and immunities that are enjoyed by a member of

12 the Foreign Service, or the family of a member of the For13 eign Service, as appropriate, of comparable rank and sal14 ary of such employee, if such employee or a member of

15 the family of such employee is not a national of or perma16 nently resident in such country or place.

17 (g) RESPONSIBILITY OF CHIEF OF MISSION.—An

18 employee of the Corporation, including an individual de19 tailed to or contracted by the Corporation, and a member

20 of the family of such employee, shall be subject to section

21 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)

22 in the same manner as United States Government employ23 ees while the employee is performing duties in any country

24 or place outside the United States if such employee or
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1 member of the family of such employee is not a national

2 of or permanently resident in such country or place.

3 (h) ALLOCATION OF FUNDS.—

4 (1) IN GENERAL.—The Corporation may allo5 cate or transfer to the United States Agency for

6 International Development or any other agency any

7 part of any funds available for carrying out the pur8 poses of this division. Such funds shall be available

9 for obligation and expenditure for the purposes for

10 which authorized, in accordance with authority

11 granted in this title or under authority governing the

12 activities of the agencies of the United States Gov13 ernment to which such funds are allocated or trans14 ferred.

15 (2) CONGRESSIONAL NOTIFICATION.—The

16 Chief Executive Officer shall notify the appropriate

17 congressional committees not later than 15 days

18 prior to a transfer of funds under paragraph (1)

19 that exceeds $5,000,000.

20 (3) USE OF SERVICES.—For carrying out the

21 purposes of this division, the Corporation may utilize

22 the services and facilities of, or procure commodities

23 from, any agency under such terms and conditions

24 as may be agreed to by the head of the agency and

25 the Corporation.
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1 (i) FUNDING LIMITATION.—Of the funds allocated

2 under subsection (h) in any fiscal year, not more than 7

3 percent of such funds may be used for administrative ex4 penses.

5 (j) OTHER AUTHORITIES.—Except to the extent in6 consistent with the provisions of this division, the adminis7 trative authorities under chapters 1 and 2 of part III of

8 the Foreign Assistance Act of 1961 shall apply to the pro9 vision of assistance under this division to the same extent

10 and in the same manner as such authorities apply to the

11 provision of economic assistance under part I of such Act.

12 (k) APPLICABILITY OF GOVERNMENT CORPORATION

13 CONTROL ACT.—

14 (1) IN GENERAL.—The Corporation shall be

15 subject to the provisions of chapter 91 of subtitle VI

16 of title 31, United States Code, except that the Cor17 poration shall not be authorized to issue obligations

18 or offer obligations to the public.

19 (2) CONFORMING AMENDMENT.—Section

20 9101(3) of title 31, United States Code, is amended

21 by adding at the end the following:

22 ‘‘(Q) the Millennium Challenge Corpora23 tion.’’

24 (l) INSPECTOR GENERAL.—
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1 (1) IN GENERAL.—The Inspector General of

2 the United States Agency for International Develop3 ment shall serve as Inspector General of the Cor4 poration, and, in acting in such capacity, may con5 duct reviews, investigations, and inspections of all

6 aspects of the operations and activities of the Cor7 poration.

8 (2) AUTHORITY OF THE BOARD.—In carrying

9 out its responsibilities under this subsection, the In10 spector General shall report to and be under the

11 general supervision of the Board of Directors.

12 (3) REIMBURSEMENT AND AUTHORIZATION OF

13 SERVICES.—

14 (A) REIMBURSEMENT.—The Corporation

15 shall reimburse the United States Agency for

16 International Development for all expenses in17 curred by the Inspector General in connection

18 with the Inspector General’s responsibilities

19 under this subsection.

20 (B) AUTHORIZATION FOR SERVICES.—Of

21 the amount authorized to be appropriated

22 under section 208(a) for a fiscal year, up to

23 $1,000,000 is authorized to be made available

24 to the Inspector General of the United States

25 Agency for International Development to con-
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1 duct reviews, investigations, and inspections of

2 operations and activities of the Corporation.

3 (m) COMPTROLLER GENERAL.—

4 (1) IN GENERAL.—The Comptroller General

5 shall conduct audits, evaluations, and investigations

6 of the Corporation.

7 (2) SCOPE.—The activities and financial trans8 actions of the Corporation for any fiscal year during

9 which Federal funds are available to finance any

10 portion of its operations may be evaluated, inves11 tigated, or audited by the Comptroller General in ac12 cordance with such rules and regulations as may be

13 prescribed by the Comptroller General.

14 (3) ACCESS AND RECORDS.—Any evaluation, in15 vestigation, or audit shall be conducted at the place

16 or places where pertinent information of the Cor17 poration is normally kept. The representatives of the

18 General Accounting Office shall have access to all

19 books, accounts, financial records, reports, files, and

20 other papers or property belonging to or in use by

21 the Corporation and necessary to facilitate the eval22 uation, investigation, or audit; and full facilities for

23 verifying transactions with the balances and securi24 ties held by depositories, fiscal agents, and

25 custodians shall be afforded to such representatives.
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1 All such books, accounts, financial records, reports,

2 files, and other papers or property of the Corpora3 tion shall remain in the possession and custody of

4 the Corporation throughout the period beginning on

5 the date such possession or custody commences and

6 ending three years after such date, but the General

7 Accounting Office may require the retention of such

8 books, accounts, financial records, reports, files, pa9 pers, or property for a longer period under section

10 3523(c) of title 31, United States Code.

11 (4) REPORT.—A report of such audit, evalua12 tion, or investigation shall be made by the Comp13 troller General to the appropriate congressional com14 mittees and to the President, together with such rec15 ommendations with respect thereto as the Comp16 troller General shall deem advisable.

17 (n) DEFINITIONS.—For purposes of this section—

18 (1) the term ‘‘agency’’ means an Executive

19 agency, as defined by section 105 of title 5, United

20 States Code; and

21 (2) the term ‘‘detail’’ means the assignment or

22 loan of an employee, without a change of position,

23 from the agency by which such employee is employed

24 to the Corporation.
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1 SEC. 308. MILLENNIUM CHALLENGE ADVISORY COUNCIL.

2 (a) ESTABLISHMENT.—There is hereby established in

3 the executive branch an advisory council to the Corpora4 tion to be known as the Millennium Challenge Advisory

5 Council.

6 (b) FUNCTIONS.—

7 (1) GENERAL FUNCTIONS.—The Council shall

8 advise and consult with the Chief Executive Officer

9 of the Corporation and the Board of Directors with

10 respect to policies and programs designed to further

11 the purposes of this division and shall periodically

12 report to the Congress with respect to the activities

13 of the Corporation. In addition, the Council shall re14 view on an annual basis the criteria and method15 ology used to determine eligibility of countries for

16 assistance under title II and make recommendations

17 to the Chief Executive Officer and the Board to im18 prove the effectiveness of such criteria and method19 ology in order to achieve the purposes of this divi20 sion.

21 (2) ADDITIONAL FUNCTIONS.—Members of the

22 Council shall (subject to subsection (d)(1)) conduct

23 on-site inspections, and make examinations, of the

24 activities of the Corporation in the United States

25 and in other countries in order to—
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1 (A) evaluate the accomplishments of the

2 Corporation;

3 (B) assess the potential capabilities and

4 the future role of the Corporation;

5 (C) make recommendations to the Chief

6 Executive Officer, the Board of Directors, and

7 Congress, for the purpose of guiding the future

8 direction of the Corporation and of helping to

9 ensure that the purposes and programs of the

10 Corporation are carried out in ways that are ec11 onomical, efficient, responsive to changing

12 needs in developing countries and to changing

13 relationships among people, and in accordance

14 with law;

15 (D) make such other evaluations, assess16 ments, and recommendations as the Council

17 considers appropriate.

18 (3) PUBLIC PARTICIPATION.—The Council may

19 provide for public participation in its activities, con20 sistent with section 552b of title 5, United States

21 Code.

22 (c) MEMBERSHIP.—

23 (1) IN GENERAL.—The Council shall consist of

24 seven individuals, who shall be appointed by the

25 Chief Executive Officer, and who shall be broadly
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1 representative of nongovernmental entities with ex2 pertise and interest in international trade and eco3 nomic development, including business and business

4 associations, trade and labor unions, private and vol5 untary organizations, foundations, public policy or6 ganizations, academia, and other entities as the

7 Chief Executive Officer determines appropriate.

8 (2) ADDITIONAL REQUIREMENT.—No member

9 appointed under paragraph (1) may be an officer or

10 employee of the United States Government.

11 (d) COMPENSATION.—

12 (1) IN GENERAL.—Except as provided in para13 graph (2), a member of the Council—

14 (A) shall be paid compensation out of

15 funds made available for the purposes of this

16 title at the daily equivalent of the highest rate

17 payable under section 5332 of title 5, United

18 States Code, for each day (including travel

19 time) during which the member is engaged in

20 the actual performance of duties as a member

21 of the Council; and

22 (B) while away from the member’s home

23 or regular place of business on necessary travel,

24 as determined by the Chief Executive Officer, in

25 the actual performance of duties as a member
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1 of the Council, shall be paid per diem, travel,

2 and transportation expenses in the same man3 ner as is provided under subchapter I of chap4 ter 57 of title 5, United States Code.

5 (2) LIMITATION.—A member of the Council

6 may not be paid compensation under paragraph

7 (1)(A) for more than thirty days in any calendar

8 year.

9 (e) QUORUM.—A majority of the members of the

10 Council shall constitute a quorum for the purposes of

11 transacting any business.

12 (f) FINANCIAL INTERESTS OF MEMBERS.—A member

13 of the Council shall disclose to the Chairperson of the

14 Council and the Chief Executive Officer of the existence

15 of any direct or indirect financial interest of that member

16 in any particular matter before the Council and may not

17 vote or otherwise participate as a Council member with

18 respect to that particular matter.

19 (g) CHAIRPERSON.—The Chief Executive Officer

20 shall designate one of the members of the Council as

21 Chairperson, who shall serve in that capacity for a term

22 of two years. The Chief Executive Officer may renew the

23 term of the member appointed as Chairperson under the

24 preceding sentence.

25 (h) MEETINGS, BYLAWS, AND REGULATIONS.—
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1 (1) MEETINGS.—The Council shall hold a reg2 ular meeting during each calendar quarter and shall

3 meet at the call of the President, the Chief Execu4 tive Officer, the Chairperson of the Board, the

5 Chairperson of the Council, or two members of the

6 Council.

7 (2) BYLAWS AND REGULATIONS.—The Council

8 shall prescribe such bylaws and regulations as it

9 considers necessary to carry out its functions. Such

10 bylaws and regulations shall include procedures for

11 fixing the time and place of meetings, giving or

12 waiving of notice of meetings, and keeping of min13 utes of meetings.

14 (i) REPORT TO THE PRESIDENT, CHIEF EXECUTIVE

15 OFFICER, AND BOARD.—

16 (1) REPORT.—Not later than January 1, 2005,

17 and not later than January 1 of each year thereafter

18 that the Corporation is in existence, the Council

19 shall submit to the President, the Chief Executive

20 Officer, and the Board a report on its views on the

21 programs and activities of the Corporation.

22 (2) CONTENTS.—Each report shall contain a

23 summary of the advice and recommendations pro24 vided by the Council to the Chief Executive Officer

25 and the Board during the period covered by the re-
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1 port and such recommendations (including rec2 ommendations for administrative or legislative ac3 tion) as the Council considers appropriate to make

4 to the Congress.

5 (3) ADDITIONAL REQUIREMENT.—Not later

6 than 90 days after receiving each such report, the

7 Chief Executive Officer shall transmit to Congress a

8 copy of the report, together with any comments con9 cerning the report that the Chief Executive Officer

10 considers appropriate.

11 (j) ADMINISTRATIVE ASSISTANCE.—The Chief Exec12 utive Officer shall make available to the Council such per13 sonnel, administrative support services, and technical as14 sistance as are necessary to carry out its functions effec15 tively.

16 (k) TERMINATION.—Section 14(a)(2)(B) of the Fed17 eral Advisory Committee Act (5 U.S.C. App.; relating to

18 the termination of advisory committees) shall not apply

19 to the Council. Notwithstanding section 102 of this Act,

20 the authorities of the Council shall terminate on December

21 31, 2007.

22 SEC. 309. MILLENNIUM CHALLENGE SEED GRANTS.

23 (a) FINDINGS.—Congress finds the following:

24 (1) Many countries in the developing world lack

25 the academic and public policy advocacy base essen-
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1 tial to attaining the principal objectives of the Mil2 lennium Challenge Account.

3 (2) Because of widespread government repres4 sion of free speech and poverty, the countries of Af5 rica in particular suffer an acute shortage of non6 governmental organizations which effectively study

7 and promote the principal objectives of the Millen8 nium Challenge Account.

9 (3) Many developing countries, particularly low

10 income countries, lack the institutional capacity to

11 enhance the quality and accuracy of data upon

12 which the eligibility criteria in section 203 relies.

13 Such countries may also lack the ability to monitor

14 and evaluate development projects effectively.

15 (4) The Millennium Challenge Account will

16 struggle to reach its goals unless countries in the de17 veloping world possess a home grown intellectual

18 commitment and culture of advocacy aimed at pro19 moting its principal objectives.

20 (b) ASSISTANCE.—The Chief Executive Officer of the

21 Corporation is authorized to provide assistance in support

22 of nongovernmental organizations (including universities,

23 independent foundations, and other organizations) in low

24 income and lower middle income countries, and, where ap25 propriate, directly to agencies of foreign governments in
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1 low income countries, that are undertaking research, edu2 cation, and advocacy efforts aimed at promoting demo3 cratic societies, human rights, the rule of law, improved

4 educational opportunities and health conditions, particu5 larly for women and children, and economic freedom, in6 cluding research aimed at improving data related to the

7 eligibility criteria and methodology established by this divi8 sion with respect to such a country or monitoring and

9 evaluating the impact of assistance provided under this di10 vision.

11 (c) LIMITATION.—Not more than $10,000,000 of the

12 amount made available to carry out this division for a fis13 cal year may be made available to carry out this section.

14 SEC. 310. CLARIFICATION OF ROLE OF USAID.

15 (a) STATUS OF USAID.—The Administrator of the

16 United States Agency for International Development shall

17 report to the President through, and operate under the

18 foreign policy authority and direction of, the Secretary of

19 State. The United States Agency for International Devel20 opment shall be administered under the supervision and

21 operational direction of the Administrator of the Agency.

22 (b) FUNCTIONS OF USAID.—The United States

23 Agency for International Development is authorized—

24 (1) to receive appropriated funds;
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1 (2) to be the United States Government agency

2 primarily responsible for administering sections 103

3 through 108 (other than section 104A), 214, and

4 491 of the Foreign Assistance Act of 1961, the

5 ‘‘Child Survival and Health Programs Fund’’, and

6 other United States economic assistance as directed

7 in writing by the President or the Secretary of

8 State, or as otherwise provided by law;

9 (3) to provide assistance to a country currently

10 ineligible for assistance provided under title II in

11 order that it may become eligible for such assist12 ance; and

13 (4) upon the request of the Chief Executive Of14 ficer of the Corporation and with the concurrence of

15 the Administrator of the Agency, to assist in the

16 evaluation, execution, and oversight of Millennium

17 Challenge Compacts described in section 204.

18 TITLE IV—PROVISIONS RELAT19 ING TO UNITED STATES ECO20 NOMIC ASSISTANCE

21 SEC. 401. DEFINITION.

22 In this title, the term ‘‘United States economic assist23 ance’’ means any bilateral economic assistance, from any

24 budget functional category, that is provided by any depart-
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1 ment or agency of the United States to a foreign country,

2 including such assistance that is intended—

3 (A) to assist the development and economic

4 advancement of friendly foreign countries and

5 peoples, including assistance provided under

6 title II (relating to the Millennium Challenge

7 Account);

8 (B) to promote the freedom, aspirations, or

9 sustenance of friendly peoples under oppressive

10 rule by unfriendly governments;

11 (C) to promote international trade and for12 eign direct investment as a means of aiding eco13 nomic growth;

14 (D) to save lives and alleviate suffering of

15 foreign peoples during or following war, natural

16 disaster, or complex crisis;

17 (E) to assist in recovery and rehabilitation

18 of countries or peoples following disaster or

19 war;

20 (F) to protect refugees and promote dura21 ble solutions to aid refugees;

22 (G) to promote sound environmental prac23 tices;
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1 (H) to assist in development of democratic

2 institutions and good governance by the people

3 of foreign countries;

4 (I) to promote peace and reconciliation or

5 prevention of conflict;

6 (J) to improve the technical capacities of

7 governments to reduce production of and de8 mand for illicit narcotics; and

9 (K) to otherwise promote through bilateral

10 foreign economic assistance the national objec11 tives of the United States.

12 SEC. 402. FRAMEWORK FOR ASSISTANCE.

13 (a) SENSE OF CONGRESS.—It is the sense of Con14 gress that a coherent framework for United States eco15 nomic assistance should be established in accordance with

16 this section.

17 (b) ELEMENTS.—The framework described in sub18 section (a) includes the following elements:

19 (1) The United States Agency for International

20 Development, under the direction and foreign policy

21 guidance of the Secretary of State, should be respon22 sible for—

23 (A) providing assistance to countries that

24 face natural and man-made disasters in order

25 to provide humanitarian relief to the peoples of
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1 such countries, in coordination with refugee

2 programs administered by the Department of

3 State;

4 (B) providing assistance to countries that

5 are suffering from conflicts or are in post-con6 flict situations in order to provide humanitarian

7 relief, transition assistance, and reconstruction

8 assistance;

9 (C) providing assistance to help moderate10 to-poorly performing countries achieve develop11 ment progress in the areas described in part I

12 of the Foreign Assistance Act of 1961, includ13 ing progress toward becoming eligible for assist14 ance under this title, and to promote inter15 national health worldwide, as well as assisting

16 in the development of country and regional de17 velopment strategies;

18 (D) addressing transnational problems,

19 such as environmental degradation, food insecu20 rity, and health problems; and

21 (E) assisting other Federal departments

22 and agencies, including the Corporation estab23 lished under title III, to carry out assistance ac24 tivities abroad, including providing technical as25 sistance and advice to such departments and
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1 agencies, coordinating its assistance programs

2 with such departments and agencies, and using

3 its field offices to help implement such assist4 ance.

5 (2) The Corporation established under title III

6 should provide assistance to countries that have

7 demonstrated a commitment to bolstering democ8 racy, good governance, and the rule of law, to invest9 ing in the health and educations of their people, and

10 to promoting sound economic policies that foster

11 economic opportunity for their people.

12 (3) The Department of State should be respon13 sible for allocating security assistance to support key

14 foreign policy objectives of the United States and

15 shall administer assistance in such areas as non-pro16 liferation, anti-terrorism, counter-narcotics, and re17 lief for refugees.

18 (4) Other Federal departments and agencies

19 with expertise in international development-related

20 activities, such as the Overseas Private Investment

21 Corporation, the Trade and Development Agency,

22 the Department of Agriculture, the Department of

23 Health and Human Services, and the Centers for

24 Disease Control and Prevention, to the extent such

25 departments and agencies have the authority to
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1 carry out development-related programs, and in co2 ordination with the Department of State and the

3 United States Agency for International Develop4 ment, should provide expertise in specific technical

5 areas and shall provide assistance, including assist6 ance provided with funds made available from the

7 Corporation to assist United States Government

8 international development activities.

9 SEC. 403. REPORT RELATING TO IMPACT AND EFFECTIVE10 NESS OF ASSISTANCE.

11 (a) REPORT.—Not later than December 31, 2004,

12 and December 31 of each third year thereafter, the Presi13 dent shall transmit to Congress a report which analyzes,

14 on a country-by-country basis, the impact and effective15 ness of United States economic assistance furnished under

16 the framework established in section 402 to each country

17 during the preceding three fiscal years. The report shall

18 include the following for each recipient country:

19 (1) An analysis of the impact of United States

20 economic assistance during the preceding three fiscal

21 years on economic development in that country, with

22 a discussion of the United States interests that were

23 served by the assistance. This analysis shall be done

24 on a sector-by-sector basis to the extent possible and

25 shall identify any economic policy reforms which
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1 were promoted by the assistance. This analysis

2 shall—

3 (A) include a description, quantified to the

4 extent practicable, of the specific objectives the

5 United States sought to achieve in providing

6 economic assistance for that country, and

7 (B) specify the extent to which those objec8 tives were not achieved, with an explanation of

9 why they were not achieved.

10 (2) A description of the amount and nature of

11 economic assistance provided by other donors during

12 the preceding three fiscal years, set forth by develop13 ment sector to the extent possible.

14 (3) A discussion of the commitment of the host

15 government to addressing the country’s needs in

16 each development sector, including a description of

17 the resources devoted by that government to each

18 development sector during the preceding three fiscal

19 years.

20 (4) A description of the trends, both favorable

21 and unfavorable, in each development sector.

22 (5) Statistical and other information necessary

23 to evaluate the impact and effectiveness of United

24 States economic assistance on development in the

25 country.
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1 (6) A comparison of the analysis provided in

2 the report with relevant analyses by international fi3 nancial institutions, other international organiza4 tions, other donor countries, or nongovernmental or5 ganizations.

6 (b) LISTING OF MOST AND LEAST SUCCESSFUL AS7 SISTANCE PROGRAMS.—The report required by this sec8 tion shall identify—

9 (1) each country in which United States eco10 nomic assistance has been most successful, as indi11 cated by the extent to which the specific objectives

12 the United States sought to achieve in providing the

13 assistance for the country, as referred to in sub14 section (a)(1)(A), were achieved; and

15 (2) each country in which United States eco16 nomic assistance has been least successful, as indi17 cated by the extent to which the specific objectives

18 the United States sought to achieve in providing the

19 assistance for the country, as referred to in sub20 section (a)(1)(A), were not achieved.

21 For each country listed pursuant to paragraph (2), the

22 report shall explain why the assistance was not more suc23 cessful and shall specify what the United States has done

24 as a result.
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1 (d) DE MINIMUS EXCEPTION.—Information under

2 subsections (a) and (b) for a fiscal year shall not be re3 quired with respect to a country for which United States

4 economic assistance for the country for the fiscal year is

5 less than $5,000,000.

6 DIVISION B—REAUTHORIZATION

7 AND EXPANSION OF THE

8 PEACE CORPS

9 TITLE X—GENERAL PROVISIONS

10 SEC. 1001. SHORT TITLE.

11 This division may be cited as the ‘‘Peace Corps Ex12 pansion Act of 2003’’.

13 SEC. 1002. DEFINITIONS.

14 In this division:

15 (1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional com17 mittees’’ means the Committee on International Re18 lations of the House of Representatives and the

19 Committee on Foreign Relations of the Senate.

20 (2) DIRECTOR.—The term ‘‘Director’’ means

21 the Director of the Peace Corps.

22 (3) HOST COUNTRY.—The term ‘‘host country’’

23 means a country whose government has invited the

24 Peace Corps to establish a Peace Corps program

25 within the territory of the country.
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1 (4) PEACE CORPS VOLUNTEER.—The term

2 ‘‘Peace Corps volunteer’’ means a volunteer or a vol3 unteer leader under the Peace Corps Act.

4 (5) RETURNED PEACE CORPS VOLUNTEER.—

5 The term ‘‘returned Peace Corps volunteer’’ means

6 a person who has been certified by the Director as

7 having served satisfactorily as a Peace Corps volun8 teer.

9 SEC. 1003. FINDINGS.

10 Congress makes the following findings:

11 (1) The Peace Corps was established in 1961 to

12 promote world peace and friendship through the

13 service abroad of volunteers who are United States

14 citizens. The spirit of service and commitment to

15 helping others is a fundamental component of de16 mocracy.

17 (2) Since its establishment, more than 168,000

18 volunteers have served in the Peace Corps in 136

19 countries throughout the world.

20 (3) The three goals codified in the Peace Corps

21 Act which have guided the Peace Corps and its vol22 unteers over the years, can work in concert to pro23 mote global acceptance of the principles of inter24 national peace and nonviolent coexistence among
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1 peoples of diverse cultures and systems of govern2 ment.

3 (4) The Peace Corps has sought to fulfill three

4 goals—to help people in developing countries meet

5 basic needs, promote understanding abroad of the

6 values and ideals of the United States, and promote

7 an understanding of other peoples by the people of

8 the United States.

9 (5) After more than 40 years of operation, the

10 Peace Corps remains the world’s premier inter11 national service organization dedicated to promoting

12 grassroots development by working with families and

13 communities to improve health care for children, ex14 pand agricultural production, teach in schools, fight

15 infectious diseases, protect the environment, and ini16 tiate small business opportunities.

17 (6) The Peace Corps remains committed to

18 sending well trained and well supported Peace Corps

19 volunteers overseas to promote international peace,

20 cross-cultural awareness, and mutual understanding

21 between the United States and other countries.

22 (7) The Peace Corps is an independent agency,

23 and, therefore, no Peace Corps personnel or volun24 teers should be used to accomplish any goal other

25 than the goals established by the Peace Corps Act.
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1 (8) The Crisis Corps has been an effective tool

2 in harnessing the skills and talents of returned

3 Peace Corps volunteers and should be expanded, to

4 the maximum extent practicable, to utilize the talent

5 of returned Peace Corps volunteers.

6 (9) In fiscal year 2003, the Peace Corps is op7 erating with an annual budget of $295,000,000 in

8 70 countries, with more than 7,000 Peace Corps vol9 unteers.

10 (10) There is deep misunderstanding and mis11 information in many parts of the world, particularly

12 in countries with substantial Muslim populations,

13 with respect to United States values and ideals. A

14 new or expanded Peace Corps presence in such

15 places could foster better understanding between the

16 people of the United States and such countries.

17 (11) Congress has declared, and the Peace

18 Corps Act provides, that the Peace Corps shall

19 maintain, to the maximum extent practicable and

20 appropriate, a volunteer corps of at least 10,000 in21 dividuals.

22 (12) President George W. Bush has called for

23 the doubling of the number of Peace Corps volun24 teers in service.
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1 (13) Any expansion of the Peace Corps should

2 not jeopardize the quality of the Peace Corps volun3 teer experience and, therefore, necessitates, among

4 other things, an appropriate increase in field and

5 headquarters support staff.

6 (14) In order to ensure that the proposed ex7 pansion of the Peace Corps preserves the integrity of

8 the program and the security of volunteers, the inte9 grated Planning and Budget System supported by

10 the Office of Planning and Policy Analysis should

11 continue its focus on strategic planning.

12 (15) A streamlined, bipartisan Peace Corps Na13 tional Advisory Council composed of distinguished

14 returned Peace Corps volunteers, former Peace

15 Corps staff, and other individuals with diverse

16 backgrounds and expertise can be a source of ideas

17 and suggestions that may be useful to the Director

18 of the Peace Corps as the Director discharges the

19 duties and responsibilities as head of the agency.

20 TITLE XI—AMENDMENTS TO

21 PEACE CORPS ACT; RELATED

22 PROVISIONS

23 SEC. 1101. ADVANCING THE GOALS OF THE PEACE CORPS.

24 (a) RECRUITMENT OF VOLUNTEERS.—Section 2A of

25 the Peace Corps Act (22 U.S.C. 2501–1) is amended by
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1 adding at the end the following new sentence: ‘‘As an inde2 pendent agency, the Peace Corps shall be responsible for

3 recruiting all of its volunteers.’’.

4 (b) DETAILS AND ASSIGNMENTS.—Section 5(g) of

5 the Peace Corps Act (22 U.S.C. 2504(g)) is amended by

6 striking ‘‘Provided, That’’ and inserting ‘‘Provided, That

7 such detail or assignment furthers the fulfillment of Peace

8 Corps’ development and public diplomacy goals as de9 scribed in section 2: Provided further, That’’.

10 SEC. 1102. REPORTS AND CONSULTATIONS.

11 (a) ANNUAL REPORTS; CONSULTATIONS ON NEW

12 INITIATIVES.—Section 11 of the Peace Corps Act (22

13 U.S.C. 2510) is amended by striking the section heading

14 and the text of section 11 and inserting the following:

15 ‘‘SEC. 11. ANNUAL REPORTS; CONSULTATIONS ON NEW INI16 TIATIVES.

17 ‘‘(a) ANNUAL REPORTS.—The Director shall trans18 mit to Congress, at least once in each fiscal year, a report

19 on operations under this Act. Each report shall contain

20 information—

21 ‘‘(1) describing efforts undertaken to improve

22 coordination of activities of the Peace Corps with ac23 tivities of international voluntary service organiza24 tions, such as the United Nations volunteer pro-
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1 gram, and of host country voluntary service organi2 zations, including—

3 ‘‘(A) a description of the purpose and

4 scope of any development project which the

5 Peace Corps undertook during the preceding

6 fiscal year as a joint venture with any such

7 international or host country voluntary service

8 organizations; and

9 ‘‘(B) recommendations for improving co10 ordination of development projects between the

11 Peace Corps and any such international or host

12 country voluntary service organizations;

13 ‘‘(2) describing—

14 ‘‘(A) any major new initiatives that the

15 Peace Corps has under review for the upcoming

16 fiscal year, and any major initiatives that were

17 undertaken in the previous fiscal year that were

18 not included in prior reports to the Congress;

19 ‘‘(B) the rationale for undertaking such

20 new initiatives;

21 ‘‘(C) an estimate of the cost of such initia22 tives; and

23 ‘‘(D) the impact on the safety of volun24 teers;
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1 ‘‘(3) describing in detail the Peace Corps plans,

2 including budgetary plans, to have 14,000 volunteers

3 in service by 2007 while maintaining the quality of

4 the volunteer experience, ensuring the safety and se5 curity of all volunteers, and providing for appro6 priate administrative and other support; and

7 ‘‘(4) describing standard security procedures for

8 any country in which the Peace Corps operates pro9 grams or is considering doing so, as well as any spe10 cial security procedures contemplated because of

11 changed circumstances in specific countries, and as12 sessing whether security conditions would be

13 enhanced—

14 ‘‘(A) by co-locating volunteers with inter15 national or local nongovernmental organiza16 tions; or

17 ‘‘(B) with the placement of multiple volun18 teers in one location.

19 ‘‘(b) CONSULTATIONS ON NEW INITIATIVES.—The

20 Director of the Peace Corps shall consult with the appro21 priate congressional committees with respect to any major

22 new initiatives not previously discussed in the latest an23 nual report submitted to Congress under subsection (a)

24 or in budget presentations. Whenever possible, such con-
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1 sultations should take place prior to the initiation of such

2 initiatives, or as soon as practicable thereafter.’’.

3 (b) ONE–TIME REPORT ON STUDENT LOAN FOR4 GIVENESS PROGRAMS.—Not later than 30 days after the

5 date of enactment of this Act, the Director shall submit

6 to the appropriate congressional committees a report—

7 (1) describing the student loan forgiveness pro8 grams currently available to Peace Corps volunteers

9 upon completion of their service;

10 (2) comparing such programs with other Gov11 ernment-sponsored student loan forgiveness pro12 grams; and

13 (3) recommending any additional student loan

14 forgiveness programs which could attract more ap15 plications from low- and middle-income individuals

16 who are carrying considerable student-loan debt bur17 dens.

18 (c) ANNUAL REPORT TO CONGRESS ON THE FED19 ERAL EQUAL OPPORTUNITY RECRUITMENT PROGRAM

20 (FEORP).—Not later than 90 days after the date of en21 actment of this Act and annually thereafter, the Director

22 shall report on the progress of the Peace Corps in recruit23 ing historically underrepresented groups. The Director

24 shall prepare this report in accordance with section 7201
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1 of title 5, United States Code, and subpart B of part 720

2 of title 5, Code of Federal Regulations.

3 (d) REPORT ON MAINTAINING THE INTEGRITY OF

4 THE MEDICAL SCREENING AND MEDICAL PLACEMENT

5 COORDINATION PROCESSES.—Not later than 120 days

6 after the date of enactment of this Act, the Director shall

7 prepare and submit to the appropriate congressional com8 mittees a report that—

9 (1) describes the medical screening procedures

10 and standards of the Office of Medical Services/

11 Screening Unit of the Peace Corps to determine

12 whether an applicant for Peace Corps service has

13 worldwide clearance, limited clearance, a deferral pe14 riod, or is not medically, including psychologically,

15 qualified to serve in the Peace Corps as a volunteer;

16 (2) describes the procedures and criteria for

17 matching applicants for Peace Corps service with a

18 host country to ensure that the applicant, reasonable

19 accommodations notwithstanding, can complete at

20 least two years of volunteer service without interrup21 tion to host country national projects due to foresee22 able medical conditions; and

23 (3) with respect to each of fiscal years 2000

24 through 2002 and the first six months of fiscal year

25 2003, states the number of—
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1 (A) medical screenings conducted;

2 (B) applicants who have received world3 wide clearance, limited clearance, deferral peri4 ods, and medical disqualifications to serve;

5 (C) Peace Corps volunteers who the agency

6 has had to separate from service due to the dis7 covery of undisclosed medical information; and

8 (D) Peace Corps volunteers who have ter9 minated their service early due to medical, in10 cluding psychological, reasons.

11 SEC. 1103. SPECIAL VOLUNTEER RECRUITMENT AND

12 PLACEMENT FOR CERTAIN COUNTRIES.

13 (a) REPORT.—Not later than 60 days after the date

14 of enactment of this Act, the Director shall submit to the

15 appropriate congressional committees a report that—

16 (1) describes the recruitment strategies to be

17 employed by the Peace Corps to recruit and train

18 volunteers with the appropriate language skills and

19 interest in serving in host countries; and

20 (2) lists the countries that the Director has de21 termined should be priorities for special recruitment

22 and placement of Peace Corps volunteers.

23 (b) USE OF RETURNED PEACE CORPS VOLUNTEERS

24 AND FORMER STAFF.—The Director is authorized and

25 strongly urged to utilize the services of returned Peace
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1 Corps volunteers and former Peace Corps staff who have

2 relevant language and cultural experience and may have

3 served previously in countries with substantial Muslim

4 populations, in order to open or reopen Peace Corps pro5 grams in such countries.

6 SEC. 1104. GLOBAL INFECTIOUS DISEASES INITIATIVE; CO7 ORDINATION OF HIV/AIDS ACTIVITIES.

8 (a) INITIATIVE.—

9 (1) IN GENERAL.—The Director, in cooperation

10 with international public health experts, such as the

11 Centers for Disease Control and Prevention, the Na12 tional Institutes of Health, the World Health Orga13 nization, the Pan American Health Organization,

14 and local public health officials, shall expand the

15 Peace Corps’ program of training for Peace Corps

16 volunteers in the areas of education, prevention, and

17 treatment of infectious diseases which are prevalent

18 in host countries in order to ensure that the Peace

19 Corps increases its contribution to the global cam20 paign against such diseases.

21 (2) ADDITIONAL REQUIREMENT.—Activities for

22 the education, prevention, and treatment of infec23 tious diseases in host countries by the Peace Corps

24 shall be undertaken in a manner that is consistent

25 with activities authorized under sections 104(c),
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1 104A, 104B, and 104C of the Foreign Assistance

2 Act of 1961.

3 (b) COORDINATION OF HIV/AIDS ACTIVITIES.—

4 (1) IN GENERAL.—The Director should des5 ignate an officer or employee of the Peace Corps

6 who is located in the United States to coordinate all

7 HIV/AIDS activities within the Peace Corps. Such

8 individual may be an individual who is an officer or

9 employee of the Peace Corps on the date of the en10 actment of this Act.

11 (2) FIELD COORDINATION.—In addition to the

12 position established under paragraph (1), the Direc13 tor should designate an individual within each coun14 try in sub-Saharan Africa, the Western Hemisphere,

15 and Asia in which Peace Corps volunteers carry out

16 HIV/AIDS activities to coordinate all such activities

17 of the Peace Corps in such countries.

18 (c) DEFINITIONS.—In this section:

19 (1) AIDS.—The term ‘‘AIDS’’ means the ac20 quired immune deficiency syndrome.

21 (2) HIV.—The term ‘‘HIV’’ means the human

22 immunodeficiency virus, the pathogen that causes

23 AIDS.
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1 (3) HIV/AIDS.—The term ‘‘HIV/AIDS’’

2 means, with respect to an individual, an individual

3 who is infected with HIV or living with AIDS.

4 (4) INFECTIOUS DISEASES.—The term ‘‘infec5 tious diseases’’ means HIV/AIDS, tuberculosis, and

6 malaria.

7 SEC. 1105. PEACE CORPS NATIONAL ADVISORY COUNCIL.

8 Section 12 of the Peace Corps Act (22 U.S.C. 2511;

9 relating to the Peace Corps National Advisory Council)

10 is amended—

11 (1) in subsection (b)(2)—

12 (A) in subparagraph (C), by striking

13 ‘‘and’’ after the semicolon;

14 (B) by redesignating subparagraph (D) as

15 subparagraph (E); and

16 (C) by inserting after subparagraph (C)

17 the following:

18 ‘‘(D) make recommendations for utilizing the

19 expertise of returned Peace Corps volunteers and

20 former Peace Corps staff in fulfilling the goals of

21 the Peace Corps; and’’;

22 (2) in subsection (c)(2)—

23 (A) in subparagraph (A)—

24 (i) in the first sentence—
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1 (I) by striking ‘‘fifteen’’ and in2 serting ‘‘eleven’’; and

3 (II) by striking ‘‘President, by

4 and with the advice and consent of

5 the Senate’’ and inserting ‘‘Director

6 of the Peace Corps’’;

7 (ii) by striking the second sentence

8 and inserting the following: ‘‘Six of the

9 members shall be former Peace Corps vol10 unteers, at least one of whom shall have

11 been a former staff member abroad or in

12 the Washington headquarters, and not

13 more than six shall be members of the

14 same political party.’’;

15 (B) by striking subparagraph (B);

16 (C) by amending subparagraph (D) to read

17 as follows:

18 ‘‘(D) The members of the Council shall be appointed

19 to 2-year terms.’’;

20 (D) in subparagraph (H), by striking

21 ‘‘nine’’ and inserting ‘‘seven’’;

22 (E) in subparagraph (I), by striking

23 ‘‘President shall nominate’’ and inserting ‘‘Di24 rector shall appoint’’; and
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1 (F) by redesignating subparagraphs (C),

2 (D), (E), (F), (G), (H), and (I) as subpara3 graphs (B), (C), (D), (E), (F), (G), and (H),

4 respectively; and

5 (3) by amending subsection (g) to read as fol6 lows:

7 ‘‘(g) CHAIR.—The Director shall designate one of the

8 voting members of the Council as Chair, who shall serve

9 in that capacity for a term of two years. The Director may

10 renew the term of a voting member appointed as Chair

11 under the preceding sentence.’’.

12 SEC. 1106. READJUSTMENT ALLOWANCES.

13 The Peace Corps Act is amended—

14 (1) in section 5(c) (22 U.S.C. 2504(c)), by

15 striking ‘‘$125 for each month of satisfactory serv16 ice’’ and inserting ‘‘$275 for each month of satisfac17 tory service during fiscal year 2004 and $300 for

18 each month of satisfactory service thereafter’’; and

19 (2) in section 6(1) (22 U.S.C. 2505(1)), by

20 striking ‘‘$125 for each month of satisfactory serv21 ice’’ and inserting ‘‘$275 for each month of satisfac22 tory service during fiscal year 2004 and $300 for

23 each month of satisfactory service thereafter’’.
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1 SEC. 1107. PROGRAMS AND PROJECTS OF RETURNED

2 PEACE CORPS VOLUNTEERS AND FORMER

3 STAFF.

4 (a) PURPOSE.—The purpose of this section is to pro5 vide support for returned Peace Corps volunteers to de6 velop and carry out programs and projects to promote the

7 objectives of the Peace Corps Act, as set forth in section

8 2(a) of that Act (22 U.S.C. 2501(a)).

9 (b) GRANTS TO CERTAIN NONPROFIT CORPORA10 TIONS.—

11 (1) GRANT AUTHORITY.—

12 (A) IN GENERAL.—To carry out the pur13 pose of this section, and subject to the avail14 ability of appropriations, the Director may

15 award grants on a competitive basis to private

16 nonprofit corporations for the purpose of ena17 bling returned Peace Corps volunteers to use

18 their knowledge and expertise to develop and

19 carry out the programs and projects described

20 in paragraph (2).

21 (B) DELEGATION OF AUTHORITY AND

22 TRANSFER OF FUNDS.—The Director may dele23 gate the authority to award grants under sub24 paragraph (A) and may transfer funds author25 ized under this section subject to the notifica26 tion procedures of section 634A of the Foreign
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1 Assistance Act of 1961 to the Chief Executive

2 Officer of the Corporation for National and

3 Community Service (referred to in this section

4 as the ‘‘Corporation’’).

5 (2) PROGRAMS AND PROJECTS.—Such pro6 grams and projects may include—

7 (A) educational programs designed to en8 rich the knowledge and interest of elementary

9 school and secondary school students in the ge10 ography and cultures of other countries where

11 the volunteers have served;

12 (B) projects that involve partnerships with

13 local libraries to enhance community knowledge

14 about other peoples and countries; and

15 (C) audio-visual projects that utilize mate16 rials collected by the volunteers during their

17 service that would be of educational value to

18 communities.

19 (3) ELIGIBILITY FOR GRANTS.—To be eligible

20 to compete for grants under this section, a nonprofit

21 corporation shall have a board of directors composed

22 of returned Peace Corps volunteers and former

23 Peace Corps staff with a background in community

24 service, education, or health. If the grants are made

25 by the Corporation, the nonprofit corporation shall
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1 meet all appropriate Corporation management re2 quirements, as determined by the Corporation.

3 (c) GRANT REQUIREMENTS.—Such grants shall be

4 made pursuant to a grant agreement between the Peace

5 Corps or the Corporation and the nonprofit corporation

6 that requires that—

7 (1) the grant funds will only be used to support

8 programs and projects described in subsection (a)

9 pursuant to proposals submitted by returned Peace

10 Corps volunteers (either individually or cooperatively

11 with other returned volunteers);

12 (2) the nonprofit corporation will give consider13 ation to funding individual programs or projects by

14 returned Peace Corps volunteers, in amounts of not

15 more than $50,000, under this section;

16 (3) not more than 20 percent of the grant

17 funds made available to the nonprofit corporation

18 will be used for the salaries, overhead, or other ad19 ministrative expenses of the nonprofit corporation;

20 (4) the nonprofit corporation will not receive

21 grant funds for programs or projects under this sec22 tion for a third or subsequent year unless the non23 profit corporation makes available, to carry out the

24 programs or projects during that year, non-Federal

25 contributions—
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1 (A) in an amount not less than $2 for

2 every $3 of Federal funds provided through the

3 grant; and

4 (B) provided directly or through donations

5 from private entities, in cash or in kind, fairly

6 evaluated, including plant, equipment, or serv7 ices; and

8 (5) the nonprofit corporation shall manage,

9 monitor, and submit reports to the Peace Corps or

10 the Corporation, as the case may be, on each pro11 gram or project for which the nonprofit corporation

12 receives a grant under this section.

13 (d) STATUS OF THE FUND.—Nothing in this section

14 shall be construed to make any nonprofit corporation sup15 ported under this section an agency or establishment of

16 the Federal Government or to make the members of the

17 board of directors or any officer or employee of such non18 profit corporation an officer or employee of the United

19 States.

20 (e) FACTORS IN AWARDING GRANTS.—In deter21 mining the number of nonprofit corporations to receive

22 grants under this section for any fiscal year, the Peace

23 Corps or the Corporation—
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1 (1) shall take into consideration the need to

2 minimize overhead costs that direct resources from

3 the funding of programs and projects; and

4 (2) shall seek to ensure a broad geographical

5 distribution of grants for programs and projects

6 under this section.

7 (f) CONGRESSIONAL OVERSIGHT.—Grant recipients

8 under this section shall be subject to the appropriate over9 sight procedures of Congress.

10 (g) FUNDING.—

11 (1) IN GENERAL.—There is authorized to be

12 appropriated to carry out this section up to

13 $10,000,000. Such sum shall be in addition to funds

14 made available to the Peace Corps under this divi15 sion.

16 (2) AVAILABILITY.—Amounts appropriated pur17 suant to paragraph (1) are authorized to remain

18 available until expended.

19 (h) CRISIS CORPS.—

20 (1) STATEMENT OF POLICY.—Congress states

21 that the Crisis Corps has been an effective tool in

22 harnessing the skills and talents of returned Peace

23 Corps volunteers.

24 (2) INCREASE IN NUMBER OF CRISIS CORPS AS25 SIGNMENTS.—The Director, in consultation with the
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1 governments of host countries and appropriate non2 governmental organizations, shall increase the num3 ber of available Crisis Corps assignments for re4 turned Peace Corps volunteers to at least 120 as5 signments in fiscal year 2004, 140 assignments in

6 fiscal year 2005, 160 assignments in fiscal year

7 2006, and 165 assignments in fiscal year 2007.

8 SEC. 1108. DECLARATION OF POLICY.

9 Congress declares its support for the goal announced

10 by President Bush of doubling the number of Peace Corps

11 volunteers to 14,000 by 2007 and supports the funding

12 levels necessary to accomplish this growth.

13 SEC. 1109. PEACE CORPS IN SIERRA LEONE.

14 (a) FINDINGS.—Congress makes the following find15 ings:

16 (1) Peace Corps service to Sierra Leone was

17 suspended in 1994 due to a brutal civil war between

18 the government and the Revolutionary United Front

19 (RUF).

20 (2) Backed by British military intervention and

21 a United Nations peacekeeping operation, govern22 ment authority has been reestablished throughout

23 the country and ‘‘free and fair’’ national elections

24 took place in May 2002.

25 (3) Sierra Leone is a majority Muslim country.
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1 (4) The Peace Corps has given the safety and

2 security of its volunteers high priority.

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that the Peace Corps should return its program to

5 Sierra Leone as soon as security conditions are consistent

6 with the safety and security of its volunteers.

7 SEC. 1110. AUTHORIZATION OF APPROPRIATIONS.

8 Section 3(b)(1) of the Peace Corps Act (22 U.S.C.

9 2502(b)(1)) is amended by striking ‘‘and $365,000,000

10 fiscal year 2003’’ and inserting ‘‘$365,000,000 for fiscal

11 year 2003, $366,868,000 for fiscal year 2004,

12 $411,800,000 for fiscal year 2005, $455,930,000 for fis13 cal year 2006, and $499,400,000 for fiscal year 2007’’.

14 DIVISION C—DEPARTMENT OF

15 STATE AUTHORIZATION ACT,

16 FISCAL YEARS 2004 AND 2005

17 SEC. 101. SHORT TITLE.

18 This division may be cited as the ‘‘Department of

19 State Authorization Act, Fiscal Years 2004 and 2005’’.

20 TITLE I—AUTHORIZATIONS OF

21 APPROPRIATIONS

22 Subtitle A—Department of State

23 SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS.

24 (a) IN GENERAL.—The following amounts are au25 thorized to be appropriated for the Department under
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1 ‘‘Administration of Foreign Affairs’’ to carry out the au2 thorities, functions, duties, and responsibilities in the con3 duct of the foreign affairs of the United States, and for

4 other purposes authorized by law, including public diplo5 macy activities and the diplomatic security program:

6 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

7 (A) AUTHORIZATION OF APPROPRIA8 TIONS.—For ‘‘Diplomatic and Consular Pro9 grams’’, $4,187,544,000 for the fiscal year

10 2004 and $4,438,796,000 for the fiscal year

11 2005.

12 (B) PUBLIC DIPLOMACY.—

13 (i) IN GENERAL.—Of the amounts au14 thorized to be appropriated by subpara15 graph (A), $320,930,000 for the fiscal

16 year 2004 and $329,838,000 for the fiscal

17 year 2005 is authorized to be appropriated

18 for public diplomacy.

19 (ii) IMPROVEMENTS IN PUBLIC DIPLO20 MACY PROGRAMS.—Of the amounts author21 ized to be appropriated under clause (i)

22 $20,000,000 for the fiscal year 2004 and

23 $20,000,000 for the fiscal year 2005 is au24 thorized to be available for improvements

25 and modernization of public diplomacy pro-
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1 grams and activities of the Department of

2 State.

3 (iii) TRANSLATION SERVICES.—Of the

4 amounts authorized to be appropriated

5 under clause (i), $4,000,000 for the fiscal

6 year 2004 and $4,000,000 for the fiscal

7 year 2005 is authorized to be available for

8 translation services available to public af9 fairs officers in overseas posts.

10 (C) WORLDWIDE SECURITY UPGRADES.—

11 Of the amounts authorized to be appropriated

12 by subparagraph (A), $646,701,000 for the fis13 cal year 2004 and $679,036,000 for the fiscal

14 year 2005 is authorized to be appropriated for

15 worldwide security upgrades.

16 (D) BUREAU OF DEMOCRACY, HUMAN

17 RIGHTS, AND LABOR.—Of the amounts author18 ized to be appropriated by subparagraph (A),

19 $20,000,000 for the fiscal year 2004 and

20 $20,000,000 for the fiscal year 2005 is author21 ized to be appropriated for salaries and ex22 penses of the Bureau of Democracy, Human

23 Rights, and Labor.

24 (E) RECRUITMENT OF MINORITY

25 GROUPS.—Of the amount authorized to be ap-
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1 propriated by subparagraph (A), $2,000,000 for

2 the fiscal year 2004 and $2,000,000 for the fis3 cal year 2005 is authorized to be appropriated

4 for the recruitment of members of minority

5 groups for careers in the Foreign Service and

6 international affairs.

7 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap8 ital Investment Fund’’, $157,000,000 for the fiscal

9 year 2004 and $161,710,000 for the fiscal year

10 2005.

11 (3) EMBASSY SECURITY, CONSTRUCTION AND

12 MAINTENANCE.—

13 (A) IN GENERAL.—For ‘‘Embassy Secu14 rity, Construction and Maintenance’’,

15 $653,000,000 for the fiscal year 2004 and

16 $784,000,000 for the fiscal year 2005, in addi17 tion to amounts otherwise authorized to be ap18 propriated for such purpose by section 604 of

19 the Admiral James W. Nance and Meg Dono20 van Foreign Relations Authorization Act, Fiscal

21 Years 2000 and 2001 (as enacted into law by

22 section 1000(a)(7) of Public Law 106–113 and

23 contained in appendix G of that Act; 113 Stat.

24 1501A–470).
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1 (B) AMENDMENT OF THE NANCE-DONO2 VAN FOREIGN RELATIONS AUTHORIZATION

3 ACT.—Section 604(a) of the Admiral James W.

4 Nance and Meg Donovan Foreign Relations Au5 thorization Act, Fiscal Years 2000 and 2001

6 (113 Stat. 1501A–453) is amended—

7 (i) at the end of paragraph (4) by

8 striking ‘‘and’’;

9 (ii) in paragraph (5) by striking

10 ‘‘$900,000,000.’’ and inserting

11 ‘‘$1,000,000,000; and’’; and

12 (iii) by inserting after paragraph (5)

13 the following:

14 ‘‘(6) for fiscal year 2005,

15 $1,000,000,000.’’.

16 (4) REPRESENTATION ALLOWANCES.—For

17 ‘‘Representation Allowances’’, $9,000,000 for the

18 fiscal year 2004 and $9,000,000 for the fiscal year

19 2005.

20 (5) PROTECTION OF FOREIGN MISSIONS AND

21 OFFICIALS.—

22 (A) For ‘‘Protection of Foreign Missions

23 and Officials’’, $25,000,000 for the fiscal year

24 2004 and $25,000,000 for the fiscal year 2005.
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1 (B) In addition to amounts authorized to

2 be appropriated by subparagraph (A), there is

3 authorized to be appropriated $30,600,000 for

4 ‘‘Protection of Foreign Missions and Officials’’

5 only to reimburse the City of New York for nec6 essary expenses incurred since 1999 for the

7 protection of foreign missions and officials.

8 (C) Notwithstanding section 34 of the

9 State Department Basic Authorities Act of

10 1956 (22 U.S.C. 2706), the Secretary is au11 thorized to reprogram not more than

12 $5,000,000 of funds otherwise authorized to be

13 appropriated by this section for the purposes of

14 this paragraph.

15 (6) EMERGENCIES IN THE DIPLOMATIC AND

16 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip17 lomatic and Consular Service’’, $1,000,000 for the

18 fiscal year 2004 and such sums as may be necessary

19 for the fiscal year 2005.

20 (7) REPATRIATION LOANS.—For ‘‘Repatriation

21 Loans’’, $1,219,000 for the fiscal year 2004 and

22 $1,219,000 for the fiscal year 2005.

23 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

24 TAIWAN.—For ‘‘Payment to the American Institute
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1 in Taiwan’’, $19,773,000 for the fiscal year 2004

2 and $20,761,000 for the fiscal year 2005.

3 (9) OFFICE OF THE INSPECTOR GENERAL.—

4 For ‘‘Office of the Inspector General’’, $31,703,000

5 for the fiscal year 2004 and $32,654,000 for the fis6 cal year 2005.

7 (b) AVAILABILITY OF FUNDS FOR PROTECTION OF

8 FOREIGN MISSIONS AND OFFICIALS.—The amount appro9 priated pursuant to subsection (a)(5) is authorized to re10 main available through September 30, 2006.

11 SEC. 112. UNITED STATES EDUCATIONAL AND CULTURAL

12 PROGRAMS.

13 (a) IN GENERAL.—Amounts in this section are au14 thorized to be appropriated for the Department of State

15 to carry out educational and cultural programs of the De16 partment of State under the United States Information

17 and Educational Exchange Act of 1948, the Mutual Edu18 cational and Cultural Exchange Act of 1961, Reorganiza19 tion Plan Number 2 of 1977, the Foreign Affairs Reform

20 and Restructuring Act of 1998, the Center for Cultural

21 and Technical Interchange Between East and West Act

22 of 1960, the Dante B. Fascell North-South Center Act

23 of 1991, and the National Endowment for Democracy Act,

24 and to carry out other authorities in law consistent with

25 such purposes.
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1 (b) EDUCATIONAL AND CULTURAL EXCHANGE PRO2 GRAMS.—

3 (1) AUTHORIZATION OF APPROPRIATIONS.—For

4 ‘‘Educational and Cultural Exchange Programs’’,

5 $393,000,000 for the fiscal year 2004 and

6 $405,000,000 for the fiscal year 2005.

7 (2) PROGRAMS IN EASTERN EUROPE AND

8 FORMER SOVIET UNION.—Of the amounts author9 ized to be appropriated under paragraph (1),

10 $150,000,000 for the fiscal year 2004 and

11 $150,000,000 for the fiscal year 2005 is authorized

12 to be available for programs in Eastern Europe and

13 countries of the former Soviet Union.

14 (3) ACADEMIC EXCHANGE PROGRAMS.—

15 (A) IN GENERAL.—Of the amounts author16 ized to be appropriated under paragraph (1),

17 $142,000,000 for the fiscal year 2004 and

18 $142,000,000 for the fiscal year 2005 is au19 thorized to be available for the ‘‘Academic Ex20 change Programs’’ (other than programs de21 scribed in paragraph (4)).

22 (B) HIV/AIDS INITIATIVE.—Of the

23 amounts authorized to be available under sub24 paragraph (A), $1,000,000 for the fiscal year

25 2004 and $1,000,000 for the fiscal year 2005
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1 is authorized to be available for HIV/AIDS re2 search and mitigation strategies.

3 (C) FULBRIGHT ENGLISH TEACHING AS4 SISTANT PROGRAM IN KOREA.—Of the amounts

5 authorized to be available by subparagraph (A),

6 $750,000 for the fiscal year 2004 and

7 $750,000 for the fiscal year 2005 is authorized

8 to be available for the Fulbright English Teach9 ing Assistant Program in Korea, which sends

10 United States citizen students to serve as

11 English language teaching assistants at Korean

12 colleges and high schools.

13 (D) DANTE B. FASCELL NORTH-SOUTH

14 CENTER.—Of the amounts authorized to be

15 available by subparagraph (A), $1,025,000 for

16 the fiscal year 2004 and $1,025,000 for the fis17 cal year 2005 is authorized to be available for

18 the ‘‘Dante B. Fascell North-South Center’’.

19 (E) GEORGE J. MITCHELL SCHOLARSHIP

20 PROGRAM.—Of the amounts authorized to be

21 available under subparagraph (A), $500,000 for

22 the fiscal year 2004 and $500,000 for the fiscal

23 year 2005 is authorized to be available for the

24 ‘‘George J. Mitchell Scholarship Program’’

25 which provides for one year of postgraduate
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1 study for American scholars at institutions of

2 higher education in Ireland and Northern Ire3 land.

4 (4) OTHER EDUCATIONAL AND CULTURAL EX5 CHANGE PROGRAMS.—

6 (A) IN GENERAL.—Of the amounts author7 ized to be appropriated under paragraph (1),

8 $110,000,000 for the fiscal year 2004 and

9 $110,000,000 for the fiscal year 2005 is au10 thorized to be available for other educational

11 and cultural exchange programs authorized by

12 law.

13 (B) INITIATIVES FOR PREDOMINANTLY

14 MUSLIM COUNTRIES.—Of the amounts author15 ized to be available under subparagraph (A),

16 $35,000,000 for the fiscal year 2004 and

17 $35,000,000 for the fiscal year 2005 is author18 ized to be available for initiatives for predomi19 nantly Muslim countries established under sec20 tion 251.

21 (C) TIBETAN EXCHANGES.—Of the

22 amounts authorized to be available under sub23 paragraph (A), $500,000 for the fiscal year

24 2004 and $500,000 for the fiscal year 2005 is

25 authorized to be available for ‘‘Ngawang
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1 Choephel Exchange Programs’’ (formerly

2 known as ‘‘programs of educational and cul3 tural exchange between the United States and

4 the people of Tibet’’) under section 103(a) of

5 the Human Rights, Refugee, and Other Foreign

6 Relations Provisions Act of 1996 (Public Law

7 104–319).

8 (D) EAST TIMORESE SCHOLARSHIPS.—Of

9 the amounts authorized to be available under

10 subparagraph (A), $1,000,000 for the fiscal

11 year 2004 and $1,000,000 for the fiscal year

12 2005 is authorized to be available for ‘‘East

13 Timorese Scholarships’’.

14 (E) SOUTH PACIFIC EXCHANGES.—Of the

15 amounts authorized to be available under sub16 paragraph (A), $750,000 for the fiscal year

17 2004 and $750,000 for the fiscal year 2005 is

18 authorized to be available for ‘‘South Pacific

19 Exchanges’’.

20 (F) SUDANESE SCHOLARSHIPS.—Of the

21 amounts authorized to be available under sub22 paragraph (A), $500,000 for the fiscal year

23 2004 and $500,000 for the fiscal year 2005 is

24 authorized to be available for scholarships for

25 students from southern Sudan for secondary or
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1 postsecondary education in the United States,

2 to be known as ‘‘Sudanese Scholarships’’.

3 (G) SUMMER INSTITUTES FOR KOREAN

4 STUDENTS.—Of the amounts authorized to be

5 available under subparagraph (A), $750,000 for

6 the fiscal year 2004 and $750,000 for the fiscal

7 year 2005 is authorized to be available for sum8 mer academic study programs in the United

9 States (focusing on United States political sys10 tems, government institutions, society, and

11 democratic culture) for college and university

12 students from the Republic of Korea, to be

13 known as the ‘‘United States Summer Insti14 tutes for Korean Student Leaders’’.

15 (H) SCHOLARSHIPS FOR INDIGENOUS PEO16 PLES OF MEXICO AND CENTRAL AND SOUTH

17 AMERICA.—Of the amounts authorized to be

18 available under subparagraph (A), $400,000 for

19 the fiscal year 2004 and $400,000 for the fiscal

20 year 2005 is authorized to be available for

21 scholarships for postsecondary education in the

22 United States for students from Mexico and the

23 countries of Central and South America who

24 are from the indigenous peoples of the region.

25 (c) NATIONAL ENDOWMENT FOR DEMOCRACY.—
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1 (1) IN GENERAL.—For the ‘‘National Endow2 ment for Democracy’’, $45,000,000 for the fiscal

3 year 2004 and $47,000,000 for the fiscal year 2005.

4 (2) INITIATIVES FOR PREDOMINANTLY MUSLIM

5 COUNTRIES.—Of the amounts authorized to be ap6 propriated under paragraph (1), $3,000,000 for the

7 fiscal year 2004 and $3,000,000 for the fiscal year

8 2005 is authorized to be available for the National

9 Endowment for Democracy to fund programs that

10 promote democracy, good governance, the rule of

11 law, independent media, religious tolerance, the

12 rights of women, and strengthening of civil society

13 in countries of predominantly Muslim population

14 within the jurisdiction of the Bureau of Near East15 ern Affairs of the Department of State.

16 (d) CENTER FOR CULTURAL AND TECHNICAL INTER17 CHANGE BETWEEN EAST AND WEST.—For the ‘‘Center

18 for Cultural and Technical Interchange between East and

19 West’’, $14,280,000 for the fiscal year 2004 and

20 $14,280,000 for the fiscal year 2005.

21 (e) REAGAN-FASCELL DEMOCRACY FELLOWS.—For

22 the ‘‘Reagan-Fascell Democracy Fellows’’, for fellowships

23 for democracy activists and scholars from around the

24 world at the International Forum for Democratic Studies

25 in Washington, D.C., to study, write, and exchange views
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1 with other activists and scholars and with Americans,

2 $1,000,000 for the fiscal year 2004 and $1,000,000 for

3 the fiscal year 2005.

4 (f) BENJAMIN GILMAN INTERNATIONAL SCHOLAR5 SHIP PROGRAM.—Section 305 of the Microenterprise for

6 Self-Reliance and International Anti-Corruption Act of

7 2000 (22 U.S.C. 2462 note) is amended by striking

8 ‘‘$1,500,000’’ and inserting ‘‘$2,500,000’’.

9 SEC. 113. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA10 TIONS.

11 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

12 ORGANIZATIONS.—There is authorized to be appropriated

13 under the heading ‘‘Contributions to International Organi14 zations’’ $1,010,463,000 for the fiscal year 2004 and

15 $1,040,776,000 for the fiscal year 2005 for the Depart16 ment to carry out the authorities, functions, duties, and

17 responsibilities in the conduct of the foreign affairs of the

18 United States with respect to international organizations

19 and to carry out other authorities in law consistent with

20 such purposes.

21 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE22 KEEPING ACTIVITIES.—There is authorized to be appro23 priated under the heading ‘‘Contributions for Inter24 national Peacekeeping Activities’’ $550,200,000 for the

25 fiscal year 2004 and such sums as may be necessary for
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1 the fiscal year 2005 for the Department to carry out the

2 authorities, functions, duties, and responsibilities in the

3 conduct of the foreign affairs of the United States with

4 respect to international peacekeeping activities and to

5 carry out other authorities in law consistent with such

6 purposes.

7 (c) FOREIGN CURRENCY EXCHANGE RATES.—

8 (1) AUTHORIZATION OF APPROPRIATIONS.—In

9 addition to the amounts authorized to be appro10 priated by subsection (a), there is authorized to be

11 appropriated such sums as may be necessary for the

12 fiscal years 2004 and 2005 to offset adverse fluctua13 tions in foreign currency exchange rates.

14 (2) AVAILABILITY OF FUNDS.—Amounts appro15 priated under this subsection may be available for

16 obligation and expenditure only to the extent that

17 the Director of the Office of Management and Budg18 et determines and certifies to the appropriate con19 gressional committees that such amounts are nec20 essary due to such fluctuations.

21 (d) REFUND OF EXCESS CONTRIBUTIONS.—The

22 United States shall continue to insist that the United Na23 tions and its specialized and affiliated agencies shall credit

24 or refund to each member of the organization or agency

25 concerned its proportionate share of the amount by which
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1 the total contributions to the organization or agency ex2 ceed the expenditures of the regular assessed budget of

3 the organization or agency.

4 SEC. 114. INTERNATIONAL COMMISSIONS.

5 The following amounts are authorized to be appro6 priated under ‘‘International Commissions’’ for the De7 partment to carry out the authorities, functions, duties,

8 and responsibilities in the conduct of the foreign affairs

9 of the United States with respect to international commis10 sions, and for other purposes authorized by law:

11 (1) INTERNATIONAL BOUNDARY AND WATER

12 COMMISSION, UNITED STATES AND MEXICO.—For

13 ‘‘International Boundary and Water Commission,

14 United States and Mexico’’—

15 (A) for ‘‘Salaries and Expenses’’,

16 $31,562,000 for the fiscal year 2004 and

17 $31,562,000 for the fiscal year 2005; and

18 (B) for ‘‘Construction’’, $8,901,000 for the

19 fiscal year 2004 and $8,901,000 for the fiscal

20 year 2005.

21 (2) INTERNATIONAL BOUNDARY COMMISSION,

22 UNITED STATES AND CANADA.—For ‘‘International

23 Boundary Commission, United States and Canada’’,

24 $1,261,000 for the fiscal year 2004 and $1,261,000

25 for the fiscal year 2005.
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1 (3) INTERNATIONAL JOINT COMMISSION.—For

2 ‘‘International Joint Commission’’, $7,810,000 for

3 the fiscal year 2004 and $7,810,000 for the fiscal

4 year 2005.

5 (4) INTERNATIONAL FISHERIES COMMIS6 SIONS.—For ‘‘International Fisheries Commissions’’,

7 $20,043,000 for the fiscal year 2004 and

8 $20,043,000 for the fiscal year 2005.

9 SEC. 115. MIGRATION AND REFUGEE ASSISTANCE.

10 (a) IN GENERAL.—There is authorized to be appro11 priated for the Department for ‘‘Migration and Refugee

12 Assistance’’ for authorized activities, $927,000,000 for the

13 fiscal year 2004 and $957,000,000 for the fiscal year

14 2005.

15 (b) REFUGEES RESETTLING IN ISRAEL.—Of the

16 amount authorized to be appropriated by subsection (a),

17 $50,000,000 for the fiscal year 2004 and $50,000,000 for

18 the fiscal year 2005 is authorized to be available for the

19 resettlement of refugees in Israel.

20 (c) TIBETAN REFUGEES IN INDIA AND NEPAL.—Of

21 the amount authorized to be appropriated by subsection

22 (a), $2,000,000 for the fiscal year 2004 and $2,000,000

23 for the fiscal year 2005 is authorized to be available for

24 humanitarian assistance, including food, medicine, cloth25 ing, and medical and vocational training, to Tibetan refu-
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1 gees in India and Nepal who have fled Chinese-occupied

2 Tibet.

3 (d) HUMANITARIAN ASSISTANCE FOR DISPLACED

4 BURMESE.—Of the amount authorized to be appropriated

5 by subsection (a), $2,000,000 for the fiscal year 2004 and

6 $2,000,000 for the fiscal year 2005 is authorized to be

7 available for humanitarian assistance (including food,

8 medicine, clothing, and medical and vocational training)

9 to persons displaced as a result of civil conflict in Burma,

10 including persons still within Burma.

11 (e) AVAILABILITY OF FUNDS.—Funds appropriated

12 pursuant to this section are authorized to remain available

13 until expended.

14 SEC. 116. VOLUNTARY CONTRIBUTIONS TO INTER15 NATIONAL ORGANIZATIONS.

16 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated for the Department of State

18 for ‘‘Voluntary Contributions to International Organiza19 tions’’, $342,555,000 (reduced by $25,000,000) for the

20 fiscal year 2004 and $345,000,000 (reduced by

21 $25,000,000) for the fiscal year 2005.

22 (b) UNITED NATIONS VOLUNTARY FUND FOR VIC23 TIMS OF TORTURE.—Of the amounts authorized to be ap24 propriated under subsection (a), $6,000,000 for the fiscal

25 year 2004 and $7,000,000 for the fiscal year 2005 is au-
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1 thorized to be available for a United States voluntary con2 tribution to the United Nations Voluntary Fund for Vic3 tims of Torture.

4 (c) ORGANIZATION OF AMERICAN STATES.—Of the

5 amounts authorized to be appropriated under subsection

6 (a) $2,000,000 for fiscal years 2004 and 2005 is author7 ized to be available for a United States voluntary contribu8 tion to the Organization of American States for the Inter9 American Committee Against Terrorism (CICTE) to iden10 tify and develop a port in the Latin American and Carib11 bean region into a model of best security practices and

12 appropriate technologies for improving port security in the

13 Western Hemisphere. Amounts authorized to be available

14 by the preceding sentence are authorized to remain avail15 able until expended and are in addition to amounts other16 wise available to carry out section 301 of the Foreign As17 sistance Act of 1961 (22 U.S.C. 2221).

18 (d) RESTRICTIONS ON UNITED STATES CONTRIBU19 TIONS TO UNITED NATIONS DEVELOPMENT PROGRAM.—

20 (1) LIMITATION.—Of the amounts made avail21 able under subsection (a) for each of the fiscal years

22 2004 and 2005 for United States contributions to

23 the United Nations Development Program an

24 amount equal to the amount the United Nations De25 velopment Program will spend in Burma during each
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1 fiscal year shall be withheld unless during such fiscal

2 year the Secretary of State submits to the appro3 priate congressional committees the certification de4 scribed in paragraph (2).

5 (2) CERTIFICATION.—The certification referred

6 to in paragraph (1) is a certification by the Sec7 retary of State that all programs and activities of

8 the United Nations Development Program (including

9 United Nations Development Program—Adminis10 tered Funds) in Burma—

11 (A) are focused on eliminating human suf12 fering and addressing the needs of the poor;

13 (B) are undertaken only through inter14 national or private voluntary organizations that

15 have been deemed independent of the State

16 Peace and Development Council (SPDC) (for17 merly known as the State Law and Order Res18 toration Council (SLORC)), after consultation

19 with the leadership of the National League for

20 Democracy and the leadership of the National

21 Coalition Government of the Union of Burma;

22 (C) provide no financial, political, or mili23 tary benefit to the SPDC; and

24 (D) are carried out only after consultation

25 with the leadership of the National League for
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1 Democracy and the leadership of the National

2 Coalition Government of the Union of Burma.

3 SEC. 117. VOLUNTARY CONTRIBUTIONS FOR INTER4 NATIONAL PEACEKEEPING ACTIVITIES.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated for the Department of State

7 for ‘‘Voluntary Contributions for International Peace8 keeping’’, $110,000,000 for the fiscal year 2004 and

9 $110,000,000 for the fiscal year 2005.

10 (b) PEACEKEEPING IN AFRICA.—Of the amounts au11 thorized to be appropriated under subsection (a),

12 $40,000,000 for the fiscal year 2004 and such sums as

13 may be necessary for the fiscal year 2005 is authorized

14 to be appropriated for peacekeeping activities in Africa.

15 SEC. 118. GRANTS TO THE ASIA FOUNDATION.

16 Section 404 of The Asia Foundation Act (title IV of

17 Public Law 98–164; 22 U.S.C. 4403) is amended to read

18 as follows:

19 ‘‘SEC. 404. There is authorized to be appropriated

20 to the Secretary of State $18,000,000 for the fiscal year

21 2004 and $18,000,000 for the fiscal year 2005 for grants

22 to The Asia Foundation pursuant to this title.’’.
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1 Subtitle B—United States Inter2 national Broadcasting Activities

3 SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.

4 The following amounts are authorized to be appro5 priated to carry out United States Government broad6 casting activities under the United States Information and

7 Educational Exchange Act of 1948, the United States

8 International Broadcasting Act of 1994, the Radio Broad9 casting to Cuba Act, the Television Broadcasting to Cuba

10 Act, and the Foreign Affairs Reform and Restructuring

11 Act of 1998, and to carry out other authorities in law con12 sistent with such purposes:

13 (1) INTERNATIONAL BROADCASTING OPER14 ATIONS.—

15 (A) IN GENERAL.—For ‘‘International

16 Broadcasting Operations’’, $600,354,000 for

17 the fiscal year 2004 and $612,146,000 for the

18 fiscal year 2005.

19 (B) ALLOCATION OF FUNDS.—Of the

20 amounts authorized to be appropriated by sub21 paragraph (A), there is authorized to be avail22 able for Radio Free Asia $30,000,000 for the

23 fiscal year 2004 and $30,000,000 for the fiscal

24 year 2005.
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1 (C) OFFICE OF GLOBAL INTERNET FREE2 DOM.—Of the amounts authorized to be appro3 priated by subparagraph (A), there is author4 ized to be available for the Broadcasting Board

5 of Governors for the establishment and oper6 ations of the Office of Global Internet Freedom

7 under section 524(a) $8,000,000 for the fiscal

8 year 2004 and $8,000,000 for the fiscal year

9 2005.

10 (2) BROADCASTING CAPITAL IMPROVEMENTS.—

11 For ‘‘Broadcasting Capital Improvements’’,

12 $29,895,000 for the fiscal year 2004 and

13 $11,395,000 for the fiscal year 2005.

14 (3) BROADCASTING TO CUBA.—For ‘‘Broad15 casting to Cuba’’, $26,901,000 for the fiscal year

16 2004 and $27,439,000 for the fiscal year 2005.

17 TITLE II—DEPARTMENT OF

18 STATE AUTHORITIES AND AC19 TIVITIES

20 Subtitle A—United States Public

21 Diplomacy

22 SEC. 201. FINDINGS AND PURPOSES.

23 (a) FINDINGS.—The Congress makes the following

24 findings:
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1 (1) The United States possesses strong and

2 deep connections with the peoples of the world sepa3 rate from its relations with their governments. These

4 connections can be a major asset in the promotion

5 of United States interests and foreign policy.

6 (2) Misinformation and hostile propaganda in

7 these countries regarding the United States and its

8 foreign policy endanger the interests of the United

9 States. Existing efforts to counter such misinforma10 tion and propaganda are inadequate and must be

11 greatly enhanced in both scope and substance.

12 (3) United States foreign policy has been ham13 pered by an insufficient consideration of the impor14 tance of public diplomacy in the formulation and im15 plementation of that policy and by the underuse of

16 modern communication techniques.

17 (4) The United States should have an oper18 ational strategy and a coordinated effort regarding

19 the utilization of its public diplomacy resources.

20 (5) The development of an operational strategy

21 and a coordinated effort by United States agencies

22 regarding public diplomacy would greatly enhance

23 United States foreign policy.

24 (6) The Secretary of State has undertaken ef25 forts to ensure that of the new positions established
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1 at the Department of State after September 30,

2 2002, a significant proportion are for public diplo3 macy.

4 (b) PURPOSES.—It is the purpose of this subtitle to

5 enhance in scope and substance, redirect, redefine, and re6 organize United States public diplomacy.

7 SEC. 202. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE

8 DEPARTMENT OF STATE.

9 (a) IN GENERAL.—The State Department Basic Au10 thorities Act of 1956 (22 U.S.C. 265 et seq.) is amended

11 by inserting after section 58 the following new section:

12 ‘‘SEC. 59. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE

13 DEPARTMENT OF STATE.

14 ‘‘(a) IN GENERAL.—The Secretary of State shall

15 make public diplomacy an integral component in the plan16 ning and execution of United States foreign policy. The

17 Department of State, in coordination with the United

18 States International Broadcasting Agency, shall develop a

19 comprehensive strategy for the use of public diplomacy re20 sources and assume a prominent role in coordinating the

21 efforts of all Federal agencies involved in public diplo22 macy. Public diplomacy efforts shall be addressed to devel23 oped and developing countries, to select and general audi24 ences, and shall utilize all available media to ensure that

25 the foreign policy of the United States is properly ex-
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1 plained and understood not only by the governments of

2 countries but also by their peoples, with the objective of

3 enhancing support for United States foreign policy. The

4 Secretary shall ensure that the public diplomacy strategy

5 of the United States is cohesive and coherent and shall

6 aggressively and through the most effective mechanisms

7 counter misinformation and propaganda concerning the

8 United States. The Secretary shall endeavor to articulate

9 the importance in American foreign policy of the guiding

10 principles and doctrines of the United States, particularly

11 freedom and democracy. The Secretary, in coordination

12 with the Board of Governors of the United States Inter13 national Broadcasting Agency, shall develop and articulate

14 long-term measurable objectives for United States public

15 diplomacy. The Secretary is authorized to produce and

16 distribute public diplomacy programming for distribution

17 abroad in order to achieve public diplomacy objectives, in18 cluding through satellite communication, the Internet, and

19 other established and emerging communications tech20 nologies.

21 ‘‘(b) INFORMATION CONCERNING UNITED STATES

22 ASSISTANCE.—

23 ‘‘(1) IDENTIFICATION OF ASSISTANCE.—In co24 operation with the United States Agency for Inter25 national Development (USAID) and other public
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1 and private assistance organizations and agencies,

2 the Secretary shall ensure that information con3 cerning foreign assistance provided by the United

4 States Government, United States nongovernmental

5 organizations and private entities, and the American

6 people is disseminated widely and prominently, par7 ticularly, to the extent practicable, within countries

8 and regions that receive such assistance. The Sec9 retary shall ensure that, to the extent practicable,

10 projects funded by the United States Agency for

11 International Development (USAID) that do not in12 volve commodities, including projects implemented

13 by private voluntary organizations, are identified as

14 being supported by the United States of America, as

15 American Aid or provided by the American people.

16 ‘‘(2) REPORT TO CONGRESS.—Not later than

17 120 days after the end of each fiscal year, the Sec18 retary shall submit a report to the Committee on

19 International Relations of the House of Representa20 tives and the Committee on Foreign Relations of the

21 Senate on efforts to disseminate information con22 cerning assistance described in paragraph (1) during

23 the preceding fiscal year. Each such report shall in24 clude specific information concerning all instances in

25 which the United States Agency for International
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1 Development has not identified projects in the man2 ner prescribed in paragraph (1) because such identi3 fication was not practicable. Any such report shall

4 be submitted in unclassified form, but may include

5 a classified appendix.

6 ‘‘(c) AUTHORITY.—Subject to the availability of ap7 propriations, the Secretary may contract with and com8 pensate government and private agencies or persons for

9 property and services to carry out this section.’’.

10 (b) ESTABLISHMENT OF PUBLIC DIPLOMACY RE11 SERVE CORPS.—

12 (1) The Secretary of State shall establish a

13 public diplomacy reserve corps to augment the public

14 diplomacy capacity and capabilities of the Depart15 ment in emergency and critical circumstances world16 wide. The Secretary shall develop a contingency plan

17 for the use of the corps to bolster public diplomacy

18 resources and expertise. To the extent necessary and

19 appropriate, the Secretary may recruit experts in

20 public diplomacy and related fields from the private

21 sector.

22 (2) While actively serving with the reserve

23 corps, individuals are prohibited from engaging in

24 activities directly or indirectly intended to influence

25 public opinion within the United States to the same
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1 degree that employees of the Department engaged in

2 public diplomacy are so prohibited.

3 (c) FUNCTIONS OF THE UNDER SECRETARY FOR

4 PUBLIC DIPLOMACY.—

5 (1) Section 1(b)(3) of the State Department

6 Basic Authorities Act of 1956 (22 U.S.C.

7 2651a(b)(3)) is amended by striking ‘‘formation’’

8 and all that follows through the period at the end

9 and inserting ‘‘formation, supervision, and imple10 mentation of United States public diplomacy poli11 cies, programs, and activities, including the provision

12 of guidance to Department personnel in the United

13 States and overseas who conduct or implement such

14 policies, programs, and activities. The Under Sec15 retary for Public Diplomacy shall assist the United

16 States Agency for International Broadcasting in pre17 senting the policies of the United States clearly and

18 effectively, shall submit statements of United States

19 policy and editorial material to the Agency for

20 broadcast consideration in addition to material pre21 pared by the Agency, and shall ensure that editorial

22 material created by the Agency for broadcast is re23 viewed expeditiously by the Department.’’.

24 (2) The Under Secretary for Public Diplomacy,

25 in carrying out the functions under the last sentence
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1 of section 1(b)(3) of the State Department Basic

2 Authorities Act of 1956 (as added by paragraph (1),

3 shall consult with public diplomacy officers operating

4 at United States overseas posts and in the regional

5 bureaus of the Department of State.

6 SEC. 203. ANNUAL PLAN ON PUBLIC DIPLOMACY STRAT7 EGY.

8 The Secretary of State, in coordination with all ap9 propriate Federal agencies, shall prepare an annual review

10 and analysis of the impact of public diplomacy efforts on

11 target audiences. Each review shall assess the United

12 States public diplomacy strategy worldwide and by region,

13 including the allocation of resources and an evaluation and

14 assessment of the progress in, and barriers to, achieving

15 the goals set forth under previous plans submitted under

16 this section. On the basis of such review, the Secretary

17 of State, in coordination with all appropriate Federal

18 agencies shall develop and submit, as part of the annual

19 budget submission, a public diplomacy strategy which

20 specifies goals, agency responsibilities, and necessary re21 sources and mechanisms for achieving such goals during

22 the next fiscal year. The plan may be submitted in classi23 fied form.
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1 SEC. 204. PUBLIC DIPLOMACY TRAINING.

2 (a) FINDINGS.—The Congress makes the following

3 findings:

4 (1) The Foreign Service should recruit individ5 uals with expertise and professional experience in

6 public diplomacy.

7 (2) Ambassadors should have a prominent role

8 in the formulation of public diplomacy strategies for

9 the countries and regions to which they are assigned

10 and be accountable for the operation and success of

11 public diplomacy efforts at their posts.

12 (3) Initial and subsequent training of Foreign

13 Service officers should be enhanced to include infor14 mation and training on public diplomacy and the

15 tools and technology of mass communication.

16 (b) PERSONNEL.—

17 (1) In the recruitment, training, and assign18 ment of members of the Foreign Service, the Sec19 retary shall emphasize the importance of public di20 plomacy and of applicable skills and techniques. The

21 Secretary shall consider the priority recruitment into

22 the Foreign Service, at middle-level entry, of individ23 uals with expertise and professional experience in

24 public diplomacy, mass communications, or jour25 nalism, especially individuals with language facility

26 and experience in particular countries and regions.
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1 (2) The Secretary of State shall seek to in2 crease the number of Foreign Service officers pro3 ficient in languages spoken in predominantly Muslim

4 countries. Such increase shall be accomplished

5 through the recruitment of new officers and incen6 tives for officers in service.

7 SEC. 205. UNITED STATES ADVISORY COMMISSION ON PUB8 LIC DIPLOMACY.

9 (a) STUDY AND REPORT BY UNITED STATES ADVI10 SORY COMMISSION ON PUBLIC DIPLOMACY.—Section

11 604(c)(2) of the United States Information and Edu12 cational Exchange Act of 1948 (22 U.S.C. 1469(c)(2)) is

13 amended to read as follows:

14 ‘‘(2)(A) Not less often than every two years, the Com15 mission shall undertake an in-depth review of United

16 States public diplomacy programs, policies, and activities.

17 Each study shall assess the effectiveness of the various

18 mechanisms of United States public diplomacy, in light

19 of factors including public and media attitudes around the

20 world toward the United States, Americans, United States

21 foreign policy, and the role of the American private-sector

22 community abroad, and make appropriate recommenda23 tions.

24 ‘‘(B) A comprehensive report of each study under

25 subparagraph (A) shall be submitted to the Secretary of
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1 State and the appropriate congressional committees. At

2 the discretion of the Commission, any report under this

3 subsection may be submitted in classified or unclassified

4 form, as appropriate.’’.

5 (b) INFORMATION AND SUPPORT FROM OTHER

6 AGENCIES.—Upon request of the United States Advisory

7 Commission on Public Diplomacy, the Secretary of State,

8 the Director of the United States International Broad9 casting Agency, and the head of any other Federal agency

10 that conducts public diplomacy programs and activities

11 shall provide information to the Advisory Commission to

12 assist in carrying out the responsibilities under section

13 604(c)(2) of the United States Information and Edu14 cational Exchange Act of 1948 (as amended by subsection

15 (a)).

16 (c) ENHANCING THE EXPERTISE OF UNITED STATES

17 ADVISORY COMMISSION ON PUBLIC DIPLOMACY.—

18 (1) QUALIFICATIONS OF MEMBERS.—Section

19 604(a)(2) of the United States Information and

20 Educational Exchange Act of 1948 (22 U.S.C.

21 1469(a)(2)) is amended by adding at the end the

22 following: ‘‘At least 4 members shall have substan23 tial experience in the conduct of public diplomacy or

24 comparable activities in the private sector. At least

25 1 member shall be an American residing abroad. No
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1 member may be an officer or employee of the United

2 States.’’.

3 (2) APPLICATION OF AMENDMENT.—The

4 amendments made by paragraph (1) shall not apply

5 to individuals who are members of the United States

6 Advisory Commission on Public Diplomacy on the

7 date of the enactment of this Act.

8 SEC. 206. LIBRARY PROGRAM.

9 The Secretary of State shall develop and implement

10 a demonstration program to assist foreign governments to

11 establish or upgrade their public library systems to im12 prove literacy and support public education. The program

13 should provide training in the library sciences. The pur14 pose of the program shall be to advance American values

15 and society, particularly the importance of freedom and

16 democracy.

17 SEC. 207. SENSE OF CONGRESS CONCERNING PUBLIC DI18 PLOMACY EFFORTS IN SUB-SAHARAN AFRI19 CA.

20 (a) FINDINGS.—The Congress makes the following

21 findings:

22 (1) A significant number of sub-Saharan Afri23 can countries have predominantly Muslim popu24 lations, including such key countries as Nigeria,

25 Senegal, Djibouti, Mauritania, and Guinea.
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1 (2) In several of these countries, groups with

2 links to militant religious organizations are active

3 among the youth, primarily young men, promoting a

4 philosophy and practice of intolerance and radical

5 clerics are effectively mobilizing public sentiment

6 against the United States.

7 (b) SENSE OF CONGRESS.—It is the sense of the

8 Congress that the Secretary should include countries in

9 sub-Saharan Africa with predominantly Muslim popu10 lations in the public diplomacy activities authorized by this

11 Act and the amendments made by this Act.

12 Subtitle B—Basic Authorities and

13 Activities

14 SEC. 221. UNITED STATES POLICY WITH RESPECT TO JERU15 SALEM AS THE CAPITAL OF ISRAEL.

16 (a) LIMITATION ON USE OF FUNDS FOR CONSULATE

17 IN JERUSALEM.—None of the funds authorized to be ap18 propriated by this Act may be expended for the operation

19 of a United States consulate or diplomatic facility in Jeru20 salem unless such consulate or diplomatic facility is under

21 the supervision of the United States Ambassador to Israel.

22 (b) LIMITATION ON USE OF FUNDS FOR PUBLICA23 TIONS.—None of the funds authorized to be appropriated

24 by this Act may be available for the publication of any

25 official government document which lists countries and
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1 their capital cities unless the publication identifies Jeru2 salem as the capital of Israel.

3 (c) RECORD OF PLACE OF BIRTH AS ISRAEL FOR

4 PASSPORT PURPOSES.—The first section of ‘‘An Act to

5 regulate the issue and validity of passports, and for other

6 purposes’’, approved July 3, 1926 (22 U.S.C. 211a; 44

7 Stat. 887) is amended by inserting after the first sentence

8 the following: ‘‘For purposes of the issuance of a passport

9 of a United States citizen born in the city of Jerusalem,

10 the Secretary shall, upon the request of the citizen or the

11 citizen’s legal guardian, record the place of birth as

12 Israel.’’.

13 SEC. 222. MODIFICATION OF REPORTING REQUIREMENTS.

14 (a) REPEAL.—Section 805 of the Admiral James W.

15 Nance and Meg Donovan Foreign Relations Authorization

16 Act, Fiscal Years 2000 and 2001 (section 805(a) of divi17 sion A of H.R. 3427, as enacted into law by section

18 1000(a)(7) of Public Law 106-113; appendix G; 113 Stat.

19 1501A-470) (relating to reports on terrorist activity in

20 which United States citizens were killed and related mat21 ters) is hereby repealed.

22 (b) ANNUAL COUNTRY REPORTS ON TERRORISM.—

23 Section 140(b)(2) of the Foreign Relations Authorization

24 Act, Fiscal Years 1988 and 1989 (Public Law 100-204;

25 22 U.S.C. 2656f(b)(2)) is amended—
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1 (1) in subparagraph (D), by striking ‘‘and’’ at

2 the end;

3 (2) in subparagraph (E), by striking the period

4 at the end and inserting ‘‘; and’’; and

5 (3) by adding at the end the following:

6 ‘‘(F) for the reports due through May 1,

7 2005, information concerning terrorist attacks

8 in Israel, territory administered by Israel, and

9 territory administered by the Palestinian Au10 thority, including—

11 ‘‘(i) a list of all citizens of the United

12 States killed or injured in such attacks

13 during the previous year;

14 ‘‘(ii) the date of each attack and the

15 total number of people killed or injured in

16 each attack;

17 ‘‘(iii) the person or group claiming re18 sponsibility for the attack and where such

19 person or group has found refuge or sup20 port;

21 ‘‘(iv) to the extent possible, a list of

22 suspects implicated in each attack and the

23 nationality of each suspect, including infor24 mation on their whereabouts (or suspected

25 whereabouts);
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1 ‘‘(v) a list of any terrorist suspects in

2 these cases who are members of Pales3 tinian police or security forces, the Pal4 estine Liberation Organization, or any Pal5 estinian governing body;

6 ‘‘(vi) the status of each case pending

7 against a suspect, including information on

8 whether the suspect has been arrested, de9 tained, indicted, prosecuted, or convicted

10 by the Palestinian Authority or Israel, and

11 if detained and then released, the date of

12 such release, and whether any released

13 suspect was implicated in subsequent acts

14 of terrorism;

15 ‘‘(vii) available information on convic16 tions, releases or changes in the situation

17 of suspects involved in attacks committed

18 prior to December 31, 2003, and not cov19 ered in previous reports submitted under

20 section 805(a) of the Admiral James W.

21 Nance and Meg Donovan Foreign Rela22 tions Authorization Act, Fiscal Years 2000

23 and 2001; and

24 ‘‘(viii) the policy of the Department of

25 State with respect to offering rewards for
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1 information on terrorist suspects, including

2 any information on whether a reward has

3 been posted for suspects involved in ter4 rorist attacks listed in the report.’’.

5 (c) CONSULTATION.—The Secretary of State shall, in

6 preparing the portion of the annual country reports on ter7 rorism required by subparagraph (F) of section 140(b)(2)

8 of the Foreign Relations Authorization Act, Fiscal Years

9 1988 and 1989 (Public Law 100–204; 22 U.S.C.

10 2656f(b)(2)), as added by subsection (b), consult and co11 ordinate with all other Government officials who have in12 formation necessary to complete that portion of the report.

13 Nothing contained in this subsection shall require the dis14 closure, on a classified or unclassified basis, of information

15 that would jeopardize sensitive sources and methods or

16 other vital national security interests or jeopardize ongo17 ing criminal investigations or proceedings.

18 SEC. 223. REPORT CONCERNING EFFORTS TO PROMOTE

19 ISRAEL’S DIPLOMATIC RELATIONS WITH

20 OTHER COUNTRIES.

21 (a) FINDINGS.—The Congress makes the following

22 findings:

23 (1) Israel is a friend and ally of the United

24 States whose security is vital to regional stability

25 and United States interests.
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1 (2) Israel currently maintains diplomatic rela2 tions with approximately 160 countries. Approxi3 mately 30 countries do not have any diplomatic rela4 tions with Israel.

5 (3) The State of Israel has been actively seek6 ing to establish formal relations with a number of

7 countries.

8 (4) The United States should assist its ally,

9 Israel, in its efforts to establish diplomatic relations.

10 (5) After more than 50 years of existence,

11 Israel deserves to be treated as an equal nation by

12 its neighbors and the world community.

13 (b) REPORT CONCERNING UNITED STATES EFFORTS

14 TO PROMOTE ISRAEL’S DIPLOMATIC RELATIONS WITH

15 OTHER COUNTRIES.—Not later than 60 days after the

16 date of the enactment of this Act, the Secretary shall sub17 mit a report to the appropriate congressional committees

18 that includes the following information (in classified or un19 classified form, as appropriate):

20 (1) Actions taken by the United States to en21 courage other countries to establish full diplomatic

22 relations with Israel.

23 (2) Specific responses solicited and received by

24 the Secretary from countries that do not maintain

25 full diplomatic relations with Israel with respect to
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1 the status of negotiations to enter into diplomatic

2 relations with Israel.

3 (3) Other measures being undertaken, and

4 measures that will be undertaken, by the United

5 States to ensure and promote Israel’s full participa6 tion in the world diplomatic community.

7 SEC. 224. REIMBURSEMENT RATE FOR CERTAIN AIRLIFT

8 SERVICES PROVIDED BY THE DEPARTMENT

9 OF DEFENSE TO THE DEPARTMENT OF

10 STATE.

11 (a) AUTHORITY.—Subsection (a) of section 2642 of

12 title 10, United States Code, is amended—

13 (1) by striking ‘‘provided by a component of the

14 Department of Defense to the’’ and inserting ‘‘pro15 vided by a component of the Department of Defense

16 as follows:

17 ‘‘(1) To the’’; and

18 (2) by adding at the end the following new

19 paragraph:

20 ‘‘(2) To the Department of State for the trans21 portation of armored motor vehicles to a foreign

22 country to meet unfulfilled requirements of the De23 partment of State for armored motor vehicles in that

24 foreign country.’’.
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1 (b) CONFORMING AND CLERICAL AMENDMENTS.—

2 (1) The heading for such section is amended to read as

3 follows:

4 ‘‘§ 2642. Airlift services provided to Central Intel5 ligence Agency and Department of State:

6 reimbursement rate’’.

7 (2) The item relating to such section in the table of

8 sections at the beginning of chapter 157 of such title is

9 amended to read as follows:

‘‘2642. Airlift services provided to Central Intelligence Agency and Department

of State: reimbursement rate.’’.

10 SEC. 225. SENSE OF CONGRESS REGARDING ADDITIONAL

11 UNITED STATES CONSULAR POSTS.

12 It is the sense of the Congress that to help advance

13 United States economic, political, and public diplomacy in14 terests, the Secretary of State should make best efforts

15 to establish consulates or other appropriate diplomatic

16 presence in: Pusan, South Korea; Medan, Indonesia; and

17 Hat Yai, Thailand.

18 SEC. 226. VALIDITY OF UNITED STATES PASSPORTS FOR

19 TRAVEL TO COUNTRIES RECEIVING UNITED

20 STATES FOREIGN ASSISTANCE.

21 The first section of the Act entitled ‘‘An Act to regu22 late the issue and validity of passports, and for other pur23 poses’’, approved July 3, 1926 (22 U.S.C. 211a) is amend24 ed by striking ‘‘travelers.’’ and inserting ‘‘travelers, and
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1 no such restriction may apply to a country in which the

2 United States is providing assistance authorized by the

3 Foreign Assistance Act of 1961.’’.

4 SEC. 227. SECURITY CAPITAL COST SHARING.

5 (a) AUTHORIZATION.—The first section of the For6 eign Service Buildings Act, 1926 (22 U.S.C. 292) is

7 amended by adding at the end the following new sub8 section:

9 ‘‘(c) SECURITY CAPITAL COST-SHARING PRO10 GRAM.—(1) The Secretary of State, as the single manager

11 of all buildings and grounds acquired under this Act or

12 otherwise acquired or authorized for the use of the diplo13 matic and consular establishments in foreign countries, is

14 authorized to establish and implement a Security Capital

15 Cost-Sharing Program to collect funds from each agency

16 on the basis of its total overseas presence in a manner

17 that encourages rightsizing of its overseas presence, and

18 expend those funds to accelerate the provision of safe, se19 cure, functional buildings for United States Government

20 personnel overseas.

21 ‘‘(2) The Secretary is authorized to determine annu22 ally and charge each Federal agency the amount to be col23 lected under paragraph (1) from the agency. To determine

24 such amount, the Secretary may prescribe and use a for25 mula that takes into account the number of authorized
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1 positions of each agency, including contractors and locally

2 hired personnel, who are assigned to United States diplo3 matic facilities and are under the authority of a chief of

4 mission pursuant to section 207 of the Foreign Service

5 Act of 1980 (22 U.S.C. 3927).

6 ‘‘(3) The head of an agency charged a fee under this

7 section shall remit the amount of the fee to the Secretary

8 of State through the Intra-Governmental Payment and

9 Collection System or other appropriate means.

10 ‘‘(4) There shall be established on the books of the

11 Treasury an account to be known as the ‘Security Capital

12 Cost-Sharing Program Fund’, which shall be administered

13 by the Secretary. There shall be deposited into the account

14 all amounts collected by the Secretary pursuant to the au15 thority under paragraph (1), and such funds shall remain

16 available until expended. Such funds shall be used solely

17 for the provision of new safe, secure, functional diplomatic

18 facilities that comply with all applicable legal standards,

19 including those standards established under the authority

20 of the Secure Embassy Construction and

21 Counterterrorism Act of 1999. The Secretary shall include

22 in the Department of State’s Congressional Presentation

23 Document an accounting of the sources and uses of the

24 amounts deposited into the account.
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1 ‘‘(5) The Secretary shall not collect a fee for an au2 thorized position of an agency of the Federal Government

3 that has been or would be granted a waiver pursuant to

4 section 606(a)(2)(B)(i) of the Secure Embassy Construc5 tion and Counterterrorism Act of 1999 (22 U.S.C.

6 4865(a)(2)(B)(i)).

7 ‘‘(6) In this subsection—

8 ‘‘(A) the term ‘agency of the Federal

9 Government’—

10 ‘‘(i) includes the Interagency Cooperative

11 Administrative Support Service; and

12 ‘‘(ii) does not include the Marine Security

13 Guard; and

14 ‘‘(B) the term ‘United States diplomatic facil15 ity’ has the meaning given that term in section 603

16 of the Secure Embassy Construction and

17 Counterterrorism Act of 1999 (22 U.S.C. 4865

18 note).’’.

19 (b) EFFECTIVE DATE.—The amendment made by

20 subsection (a) shall take effect on October 1, 2004.

21 SEC. 228. AUTHORITY TO ISSUE ADMINISTRATIVE SUB22 POENAS.

23 Section 37 of the State Department Basic Authorities

24 Act of 1956 (22 U.S.C. 2709) is amended by adding at

25 the end the following new subsection:
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1 ‘‘(d) ADMINISTRATIVE SUBPOENAS.—

2 ‘‘(1) IN GENERAL.—If the Secretary determines

3 that there is an imminent threat against a person,

4 foreign mission, or international organization pro5 tected under the authority of subsection (a)(3), the

6 Secretary may issue in writing, and cause to be

7 served, a subpoena requiring—

8 ‘‘(A) the production of any records or

9 other items relevant to the threat; and

10 ‘‘(B) testimony by the custodian of the

11 items required to be produced concerning the

12 production and authenticity of those items.

13 ‘‘(2) REQUIREMENTS.—

14 ‘‘(A) RETURN DATE.—A subpoena under

15 this subsection shall describe the items required

16 to be produced and shall specify a return date

17 within a reasonable period of time within which

18 the requested items may be assembled and

19 made available. The return date specified may

20 not be less than 24 hours after service of the

21 subpoena.

22 ‘‘(B) NOTIFICATION TO ATTORNEY GEN23 ERAL.—As soon as practicable following the

24 issuance of a subpoena under this subsection,
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1 the Secretary shall notify the Attorney General

2 of its issuance.

3 ‘‘(C) OTHER REQUIREMENTS.—The fol4 lowing provisions of section 3486 of title 18,

5 United States Code, shall apply to the exercise

6 of the authority of paragraph (1):

7 ‘‘(i) Paragraphs (4) through (8) of

8 subsection (a).

9 ‘‘(ii) Subsections (b), (c), and (d).

10 ‘‘(3) DELEGATION OF AUTHORITY.—The au11 thority under this subsection may be delegated only

12 to the Deputy Secretary of State.

13 ‘‘(4) ANNUAL REPORT.—Not later than Feb14 ruary 1 of each year, the Secretary shall submit to

15 the Committee on Foreign Relations of the Senate

16 and the Committee on International Relations of the

17 House of Representatives a report regarding the ex18 ercise of the authority under this subsection during

19 the previous calendar year.’’.

20 SEC. 229. ENHANCING REFUGEE RESETTLEMENT AND

21 MAINTAINING THE UNITED STATES COMMIT22 MENT TO REFUGEES.

23 (a) FINDINGS.—The Congress makes the following

24 findings:
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1 (1) The United States has a longstanding tradi2 tion of providing refugee assistance and relief

3 through the Department of State’s migration and

4 refugee assistance account for refugees throughout

5 the world who have been subjected to religious and

6 other forms of persecution.

7 (2) A strong refugee resettlement and assist8 ance program is a critical component of the United

9 States’ strong commitment to freedom.

10 (3) The United States refugee admissions pro11 gram has been in decline for much of the last five

12 years, resulting in a chronic inability of the United

13 States to meet the ceiling on refugee admissions that

14 has been set by the President each year.

15 (4) Refugee applicants have always undergone

16 rigorous security screenings. The September 11,

17 2001, terrorist attacks on the United States has

18 rightfully increased the awareness of the need to en19 sure that all aliens seeking admission to the United

20 States would not endanger the United States.

21 (5) Private voluntary organizations and non22 governmental organizations (NGOs) have and con23 tinue to provide valuable information to State De24 partment officials for refugee processing, and along

25 with Embassy personnel, can be utilized to assist in
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1 the preliminary screening of refugees so that State

2 Department officials can focus to a greater extent on

3 security.

4 (6) Currently there are 15 million refugees

5 worldwide. In order to meet the ceiling set by the

6 Administration, which has been 70,000 in recent

7 years, a broader cross-section could be considered

8 for resettlement in the United States if the Depart9 ment of State were to expand existing refugee proc10 essing priority categories in a reasonable and re11 sponsible manner. Expansion of refugee selection

12 should include the expanded use of both the existing

13 category reserved for refugees of special interest to

14 the United States as well as the existing categories

15 reserved for family reunification.

16 (b) PURPOSE.—It is the purpose of this section to

17 provide the Department of State with tools to enable it

18 to carry out its responsibilities with greater efficiency with

19 respect to the identification and processing of refugee ap20 plicants.

21 (c) ENHANCEMENT OF REFUGEE IDENTIFICATION

22 AND PROCESSING.—

23 (1) In addition to traditional agencies currently

24 used in the processing of refugees for admission to

25 the United States, where applicable, the Secretary
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1 shall develop and utilize partnerships with voluntary

2 resettlement organizations that permit such organi3 zations to assist in the identification and referral of

4 refugees.

5 (2) In addition to traditional agencies currently

6 used in the processing of refugees for admission to

7 the United States, where applicable, the Secretary

8 shall utilize private voluntary organizations with ties

9 to domestic constituencies in the overseas processing

10 of refugees.

11 (3) In addition to traditional agencies currently

12 used in the processing of refugees for admission to

13 the United States, where applicable, the Secretary

14 shall establish refugee response teams.

15 (A) ESTABLISHMENT OF REFUGEE RE16 SPONSE TEAMS.—In order to make the proc17 essing of refugees more efficient and effective,

18 enhance the quality of refugee resettlement pro19 grams, and to augment the capacity of the

20 United States government to identify, process,

21 assist, and counsel individuals for eventual ad22 judication by the Department of Homeland Se23 curity as refugees, where applicable, the Sec24 retary shall establish and utilize the services of

25 Refugee Response Teams, (in this section re-
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1 ferred to as ‘‘RRTs’’). RRTs shall be coordi2 nated by the Assistant Secretary of State for

3 Population, Refugees, and Migration, or the As4 sistant Secretary’s designee.

5 (B) COMPOSITION OF THE RRTS.—RRTs

6 shall be comprised of representatives of non7 governmental organizations and private vol8 untary organizations that have experience in

9 refugee law, policy and programs.

10 (C) RESPONSIBILITIES OF THE RRTS.—

11 RRTs shall be responsible for—

12 (i) monitoring refugee situations, with

13 a view toward identifying those refugees

14 whose best durable solution is third coun15 try resettlement;

16 (ii) preparing profiles and documenta17 tion for resettlement consideration by the

18 United States Government;

19 (iii) augmenting or establishing an

20 overseas operation, especially in response

21 to urgent developments requiring quick re22 sponses or more staff resources than are

23 available in the existing processing entities;

24 (iv) assisting with training and tech25 nical assistance to existing international
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1 organizations and other processing entities;

2 and

3 (v) such other responsibilities as may

4 be determined by the Secretary of State.

5 (D) RESPONSIBILITIES OF THE SEC6 RETARY.—The Secretary shall establish appro7 priate training seminars for RRT personnel and

8 make use of RRTs in situations where existing

9 mechanisms are unable to identify and process

10 refugees in a timely manner.

11 (d) PERFORMANCE STANDARDS.—In consultation

12 with private voluntary organizations and NGOs, the Sec13 retary shall establish performance standards to ensure ac14 countability and effectiveness in the tasks carried out in

15 subsection (c).

16 (e) CONSIDERATION OF VARIOUS GROUPS.—To en17 sure that there is adequate planning across fiscal years

18 and that both the Department of State’s planning and

19 processing operations result in adequate numbers of trav20 el-ready refugees to fulfill the admissions goals set forth

21 in the determinations on refugee admissions required by

22 sections 207(a) and 207(b) of the Immigration and Na23 tionality Act (8 U.S.C. 1157(a) and (b)), the Secretary

24 of State shall work to ensure that—
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1 (1) those refugees in special need, including

2 long-stayers in first countries of asylum, unaccom3 panied refugee minors, urban refugees, and refugees

4 in women-headed households be given special atten5 tion for resettlement processing;

6 (2) attempts are made to expand processing of

7 those refugees of all nationalities who have close

8 family ties to citizens and residents in the United

9 States, including spouses, unmarried children, or

10 parents of persons lawfully admitted to the United

11 States, regardless of their country of nationality,

12 country of habitual residence, or first country of asy13 lum, as well as grandparents, grandchildren, married

14 sons or daughters, or siblings of United States citi15 zens or other persons lawfully admitted to the

16 United States;

17 (3) attempts are made to expand the number of

18 refugees considered who are of special concern to the

19 United States; and

20 (4) expanded access is provided to broader cat21 egories of refugees seeking admission to the United

22 States, thus reducing instances of relationship-based

23 misrepresentation by persons who are bona fide ref24 ugees but who resort to such misrepresentation

25 merely as a way to be interviewed for refugee status.
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1 (f) REPORT.—Not later than 180 days after the date

2 of the enactment of this Act, the Secretary of State shall

3 submit a report to Congress that includes information con4 cerning the following:

5 (1) Efforts of the Secretary to utilize NGO’s in

6 refugee identification, utilize private voluntary orga7 nizations in processing refugees, establish and utilize

8 RRTs, and an explanation of the rationale for not

9 using such organizations and agencies in situations

10 where the Secretary has made such a determination,

11 as described in subsection (c).

12 (2) Efforts of the Secretary to implement per13 formance standards and measures as described in

14 subsection (d) and the success of NGO’s and private

15 voluntary organizations in meeting such standards.

16 (3) Efforts of the Secretary to expand consider17 ation of various groups for refugee processing as de18 scribed in subsection (e).

19 (4) Efforts to ensure that there is planning

20 across fiscal years so as to fulfill the refugee admis21 sions goals set forth by the President in his annual

22 presidential determinations on refugee admissions.
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1 SEC. 230. THE COLIN POWELL CENTER FOR AMERICAN DI2 PLOMACY.

3 Title I of the State Department Basic Authorities Act

4 of 1956 is amended by adding after section 59 (22 U.S.C.

5 2730) the following new section:

6 ‘‘SEC. 60. COLIN POWELL CENTER FOR AMERICAN DIPLO7 MACY.

8 ‘‘(a) DESIGNATION.—The diplomacy center of the

9 Department of State, located in the Harry S Truman

10 building, is hereby designated as the ‘Colin Powell Center

11 for American Diplomacy’ (hereinafter in this section re12 ferred to as the ‘Center’).

13 ‘‘(b) ACTIVITIES.—

14 ‘‘(1) SUPPORT AUTHORIZED.—The Secretary of

15 State is authorized to provide by contract, grant, or

16 otherwise, for the performance of appropriate mu17 seum visitor and educational outreach services, in18 cluding organizing conference activities, museum

19 shop services, and food services, in the public exhibit

20 and related space utilized by the Center.

21 ‘‘(2) PAYMENT OF EXPENSES.—The Secretary

22 may pay all reasonable expenses of conference activi23 ties conducted by the Center, including refreshments

24 and reimbursement of travel expenses incurred by

25 participants.
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1 ‘‘(3) RECOVERY OF COSTS.—Any revenues gen2 erated under the authority of paragraph (1) for vis3 itor services may be retained, as a recovery of the

4 costs of operating the Center, and credited to any

5 Department of State appropriation.

6 ‘‘(c) DISPOSITION OF CENTER ARTIFACTS AND MA7 TERIALS.—

8 ‘‘(1) PROPERTY OF SECRETARY.—All historic

9 documents, artifacts, or other articles permanently

10 acquired by the Department of State and deter11 mined by the Secretary to be suitable for display in

12 the Center shall be considered to be the property of

13 the Secretary in the Secretary’s official capacity and

14 shall be subject to disposition solely in accordance

15 with this subsection.

16 ‘‘(2) SALE OR TRADE.—Whenever the Secretary

17 makes the determination under paragraph (3) with

18 respect to an item, the Secretary may sell at fair

19 market value, trade, or transfer the item, without re20 gard to the requirements of subtitle I of title 40,

21 United States Code. The proceeds of any such sale

22 may be used solely for the advancement of the Cen23 ter’s mission and may not be used for any purpose

24 other than the acquisition and direct care of collec25 tions.
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1 ‘‘(3) DETERMINATIONS PRIOR TO SALE OR

2 TRADE.—The determination referred to in para3 graph (2), with respect to an item, is a determina4 tion that—

5 ‘‘(A) the item no longer serves to further

6 the purposes of the Center established in the

7 collections management policy of the Center; or

8 ‘‘(B) in order to maintain the standards of

9 the collections of the Center, the sale or ex10 change of the item would be a better use of the

11 item.

12 ‘‘(4) LOANS.—The Secretary may also lend

13 items covered by paragraph (1), when not needed for

14 use or display in the Center, to the Smithsonian In15 stitution or a similar institution for repair, study, or

16 exhibition.’’.

17 SEC. 231. INTERFERENCE WITH PROTECTIVE FUNCTIONS.

18 (a) OFFENSE.—Chapter 7 of title 18, United States

19 Code, is amended by adding at the end the following:

20 ‘‘§ 117. Interference with certain protective functions

21 ‘‘Whoever knowingly and willfully obstructs, resists,

22 or interferes with a Federal law enforcement agent en23 gaged, within the United States or the special maritime

24 territorial jurisdiction of the United States, in the per25 formance of the protective functions authorized by section
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1 37 of the State Department Basic Authorities Act of 1956

2 (22 U.S.C. 2709) or section 103 of the Diplomatic Secu3 rity Act (22 U.S.C. 4802) shall be fined under this title

4 or imprisoned not more than one year, or both.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of such chapter is amended by adding

7 at the end the following new item:

‘‘117. Interference with certain protective functions.’’.

8 SEC. 232. ISSUANCE OF CONSULAR IDENTIFICATION CARDS

9 BY FOREIGN MISSIONS.

10 (a) ISSUANCE OF CONSULAR IDENTIFICATION

11 CARDS.—The Congress finds that foreign governments

12 have been issuing consular identification cards to foreign

13 nationals in the United States for purposes other than

14 those intended by the Vienna Convention on Consular Re15 lations (done at Vienna on 24 April 1963).

16 (b) ISSUANCE OF CONSULAR IDENTIFICATION

17 CARDS.—The issuance by foreign missions of consular

18 identification cards shall be considered a benefit to a for19 eign mission under section 203(2) of the State Depart20 ment Basic Authorities Act of 1956 and shall be regulated

21 by the Secretary in accordance with this section and sec22 tion 204 of that Act.

23 (c) AUTHORITY TO ISSUE REGULATIONS.—Not later

24 than 180 days after the date of the enactment of this Act,

25 the Secretary of State shall issue regulations consistent
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1 with this section with respect to the issuance by foreign

2 missions in the United States of consular identification

3 cards to foreign nationals residing in the United States.

4 (d) CONTENT OF REGULATIONS.—Regulations re5 ferred to in subsection (c) shall include the following re6 strictions and requirements:

7 (1) NOTIFICATION TO THE UNITED STATES

8 GOVERNMENT.—A foreign mission shall notify the

9 Secretary of State of each consular identification

10 card issued within the United States, including the

11 name and current address within the United States

12 of the recipient of a card.

13 (2) ISSUANCE TO BONA FIDE CITIZENS OF THE

14 COUNTRY OF ORIGIN.—A foreign mission may issue

15 a consular identification card only to a national of

16 the country represented by the foreign mission. For17 eign missions shall establish procedures to verify the

18 nationality of card recipients through either national

19 birth registry systems or voter registration identi20 fication systems, and bona fide documents such as

21 a passport issued by the country of origin.

22 (3) MAINTENANCE OF ACCURATE AND COM23 PLETE RECORDS.—A foreign mission shall maintain

24 at the mission complete and accurate records of all

25 consular identification cards issued and shall main-
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1 tain an automated record system that contains such

2 records in a manner that can be rapidly accessed to

3 prevent duplicate or fraudulent issuance of such

4 cards.

5 (4) ADDRESS CHANGE NOTIFICATION REQUIRE6 MENT.—A foreign mission shall require card recipi7 ents to notify the foreign mission of any change of

8 address within 30 days after such address change.

9 (5) ACCESS TO AUDIT RECORDS.—At the re10 quest of the Secretary of State, a foreign mission

11 shall make available for audit and review, by the

12 Secretary or the Inspector General of the Depart13 ment of State, the records of all consular identifica14 tion cards issued.

15 (e) FAILURE TO ADHERE TO REGULATIONS.—

16 (1) If the Secretary of State determines that a

17 foreign mission has issued consular identification

18 cards in violation of the requirements of regulations

19 related to the issuance of such cards by foreign mis20 sions and such violation potentially threatens the se21 curity of the United States or facilitates fraudulent

22 or criminal acts, the Secretary of State shall notify

23 the government of the country represented by the

24 foreign mission that the foreign mission must sus25 pend the issuance of consular identification cards
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1 until compliance with applicable regulations is estab2 lished.

3 (2) If the foreign mission of a country fails to

4 suspend issuance of consular identification cards in

5 accordance with a notification under paragraph (1),

6 the Secretary of State shall direct consular officials

7 in that country to cease the issuance of immigrant

8 or nonimmigrant visas, or both, to nationals of that

9 country until such time as the Secretary of State de10 termines that the foreign mission of that country is

11 in compliance with the requirements of regulations

12 related to the issuance of such cards by foreign mis13 sions.

14 Subtitle C—Educational and

15 Cultural Authorities

16 SEC. 251. ESTABLISHMENT OF INITIATIVES FOR PREDOMI17 NANTLY MUSLIM COUNTRIES.

18 (a) FINDINGS.—The Congress makes the following

19 findings:

20 (1) Surveys indicate that, in countries of pre21 dominantly Muslim population, opinions of the

22 United States and American foreign policy among

23 the general public and select audiences are signifi24 cantly distorted by highly negative and hostile beliefs

25 and images and that many of these beliefs and im-
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1 ages are the result of misinformation and propa2 ganda by individuals and organizations hostile to the

3 United States.

4 (2) These negative opinions and images are

5 highly prejudicial to the interests of the United

6 States and to its foreign policy.

7 (3) As part of a broad and long-term effort to

8 enhance a positive image of the United States in the

9 Muslim world, a key element should be the establish10 ment of programs to promote a greater familiarity

11 with American society and values among the general

12 public and select audiences in countries of predomi13 nantly Muslim population.

14 (b) ESTABLISHMENT OF INITIATIVES.—The Sec15 retary of State shall establish the following programs with

16 countries with predominantly Muslim populations as part

17 of the educational and cultural exchange programs of the

18 Department of State for the fiscal years 2004 and 2005:

19 (1) JOURNALISM PROGRAM.—A program for

20 foreign journalists, editors, media managers, and

21 postsecondary students of journalism which, in co22 operation with private sector sponsors to include

23 universities, shall sponsor workshops and profes24 sional training in techniques, standards, and prac25 tices in the field of journalism to assist the partici-
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1 pants to achieve the highest standards of profes2 sionalism.

3 (2) ENGLISH LANGUAGE TEACHING.—The Sec4 retary shall provide grants to United States citizens

5 to work in middle and secondary schools as English

6 language teaching assistants for not less than an

7 academic year. If feasible, the host government or

8 local educational agency shall share the salary costs

9 of the assistants.

10 (3) SISTER CITY PARTNERSHIPS.—The Sec11 retary shall expand and enhance sister-city partner12 ships between United States and international mu13 nicipalities in an effort to increase global cooperation

14 at the community level. Such partnerships shall en15 courage economic development, municipal coopera16 tion, health care initiatives, youth and educational

17 programs, disability advocacy, emergency prepared18 ness, and humanitarian assistance.

19 (4) CIVICS EDUCATION.—The Secretary shall

20 establish a civics education program which shall de21 velop civics education teaching curricula and mate22 rials, provide training for teachers of civics, and pro23 vide English language teaching materials that are

24 designed to promote civics education. Civics edu25 cation programs under this paragraph shall place
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1 particular emphasis on the on-site training of edu2 cators and the function of the mass media within

3 that society.

4 (5) YOUTH AMBASSADORS.—The Secretary

5 shall establish a program for visits by middle school

6 students (to the extent feasible) and secondary

7 school students to the United States during school

8 holidays in their home country for periods not to ex9 ceed 4 weeks and a program for academic year study

10 in the United States for secondary school students.

11 Participating students shall reflect the economic, ge12 ographic, and ethnic diversity of their countries. Ac13 tivities shall include cultural and educational activi14 ties designed to familiarize participating students

15 with American society and values. To the extent

16 practicable, the program involving school holiday vis17 its shall be coordinated with middle and secondary

18 schools in the United States to provide for school19 based activities and interactions. The Secretary shall

20 encourage the establishment of direct school-to21 school linkages under the programs.

22 (6) FULBRIGHT EXCHANGE PROGRAM.—The

23 Secretary shall seek to substantially increase the

24 number of awards under the J. William Fulbright

25 Educational Exchange Program to graduate stu-
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1 dents, scholars, professionals, teachers, and adminis2 trators from the United States who are applying for

3 such awards to study, teach, conduct research, or

4 pursue scholarship in predominantly Muslim coun5 tries. Part of such increase shall include awards for

6 scholars and teachers who plan to teach subjects re7 lating to American studies.

8 (7) HUBERT H. HUMPHREY FELLOWSHIPS.—

9 The Secretary shall seek to substantially increase

10 the number of Hubert H. Humphrey Fellowships

11 awarded to candidates from predominantly Muslim

12 countries.

13 (8) LIBRARY TRAINING EXCHANGE PROGRAM.—

14 The Secretary shall develop an exchange program

15 for postgradute students seeking additional training

16 in the library sciences and related fields.

17 (c) GENERAL PROVISION.—Programs established

18 under this section shall be carried out under the provisions

19 of the United States Information and Educational Ex20 change Act of 1948 and the Mutual Educational and Cul21 tural Exchange Act of 1961.

22 SEC. 252. DATABASE OF AMERICAN AND FOREIGN PARTICI23 PANTS IN EXCHANGE PROGRAMS.

24 To the extent practicable, the Secretary of State, in

25 coordination with the heads of other agencies that conduct
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1 international exchange and training programs, shall estab2 lish and maintain a database listing all American and for3 eign alumni of such programs in order to encourage net4 working, interaction, and communication with alumni.

5 SEC. 253. REPORT ON INCLUSION OF FREEDOM AND DE6 MOCRACY ADVOCATES IN EDUCATIONAL AND

7 CULTURAL EXCHANGE PROGRAMS.

8 Not later than 90 days after the date of the enact9 ment of this Act, the Secretary of State shall submit to

10 the Congress a report concerning the implementation of

11 section 102 of the Human Rights, Refugee, and Other

12 Foreign Relations Provisions Act of 1996. The report shall

13 include information concerning the number of grants to

14 conduct exchange programs to countries described in such

15 section that have been submitted for competitive bidding,

16 what measures have been taken to ensure that willingness

17 to include supporters of freedom and democracy in such

18 programs is given appropriate weight in the selection of

19 grantees, and an evaluation of whether United States ex20 change programs in the countries described in such section

21 are fully open to supporters of freedom and democracy,

22 and, if not, what obstacles remain and what measures are

23 being taken to implement such policy.
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1 SEC. 254. SENSE OF THE CONGRESS CONCERNING EDU2 CATIONAL AND CULTURAL EXCHANGE PRO3 GRAM FOR FOREIGN JOURNALISTS.

4 It is the sense of the Congress that the Secretary of

5 State should work toward the establishment of a program

6 for foreign journalists from regions of conflict that will

7 provide professional training in techniques, standards, and

8 practices in the field of journalism.

9 SEC. 255. SENSE OF CONGRESS REGARDING KOREAN FUL10 BRIGHT PROGRAMS.

11 It is the sense of the Congress that Fulbright pro12 gram activities for Korea should—

13 (1) include participation by students from

14 throughout South Korea, including proportional rep15 resentation from areas outside of Seoul;

16 (2) attempt to include Korean students from a

17 broad range of educational institutions, including

18 schools other than elite universities;

19 (3) broaden the Korean student emphasis be20 yond degree-seeking graduate students, to include

21 opportunities for one-year nondegree study at

22 United States campuses by pre-doctoral Korean stu23 dents; and

24 (4) include a significant number of Korean stu25 dents planning to move into areas other than ad26 vanced research and university teaching, such as
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1 those heading towards careers in government service,

2 media, law, and business.

3 SEC. 256. AUTHORIZING EAST TIMORESE SCHOLARSHIPS

4 FOR GRADUATE STUDY.

5 Section 237 of the Foreign Relations Authorization

6 Act, Fiscal Years 1994 and 1995 (Public Law 103–236)

7 is amended by inserting ‘‘graduate or’’ after ‘‘at the’’.

8 SEC. 257. PUBLIC SAFETY AWARENESS IN STUDY ABROAD

9 PROGRAMS.

10 With respect to the Department of State’s support

11 for study abroad programs, Congress—

12 (1) encourages the Bureau of Educational and

13 Cultural Affairs to support public safety awareness

14 activities as part of such programs; and

15 (2) encourages the Bureau to continue sup16 porting such activities and urges special attention to

17 public safety issues, including road safety.

18 Subtitle D—Consular Authorities

19 SEC. 271. MACHINE READABLE VISAS.

20 Section 140(a) of the Foreign Relations Authoriza21 tion Act, Fiscal Years 1994 and 1995 (8 U.S.C. 1351

22 note) is amended by adding at the end the following:

23 ‘‘(4) For each of the fiscal years 2004 and

24 2005, any amount that exceeds $700,000,000 may

25 be made available only if a notification is submitted
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1 to Congress in accordance with the procedures appli2 cable to reprogramming notifications under section

3 34 of the State Department Basic Authorities Act of

4 1956.’’.

5 SEC. 272. PROCESSING OF VISA APPLICATIONS.

6 (a) IN GENERAL.—It shall be the policy of the De7 partment of State to process each visa application from

8 an alien classified as an immediate relative or as a K–

9 1 nonimmigrant within 30 days of the receipt of all nec10 essary documents from the applicant and the Department

11 of Homeland Security. In the case of an immigrant visa

12 application where the petitioner is a relative other than

13 an immediate relative, it should be the policy of the De14 partment to process such an application within 60 days

15 of the receipt of all necessary documents from the appli16 cant and the Department of Homeland Security.

17 (b) DEFINITIONS.—In this section:

18 (1) IMMEDIATE RELATIVE.—The term ‘‘imme19 diate relative’’ has the meaning given the term in

20 section 201(b)(2)(A)(i) of the Immigration and Na21 tionality Act (8 U.S.C. 1151(b)(2)(A)(i)).

22 (2) K–1 NONIMMIGRANT.—The term ‘‘K–1 non23 immigrant’’ means a nonimmigrant alien described

24 in section 101(a)(15)(K)(i) of the Immigration and

25 Nationality Act (8 U.S.C. 1101(a)(15)(K)(i)).
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1 SEC. 273. STAFFING AT DIPLOMATIC MISSIONS.

2 At least once every five years and pursuant to a proc3 ess determined by the President for staffing at diplomatic

4 missions and overseas constituent posts, the Secretary of

5 State shall require each chief of mission to review every

6 staff element under chief of mission authority, including

7 staff from other executive agencies, and recommend ap8 proval or disapproval of each staff element. The Secretary

9 of State shall submit an annual report concerning such

10 reviews together with the Secretary’s recommendations to

11 the heads of all affected agencies and the Inspector Gen12 eral of the Department of State.

13 SEC. 274. ALLOCATION OF RESOURCES FOR EMBASSIES

14 AND CONSULATES.

15 (a) SENSE OF CONGRESS.—It is the sense of the Con16 gress that the Secretary of State should provide such re17 sources, personnel, and training at each United States

18 Embassy and consulate as are adequate to carry out the

19 duties and responsibilities of such posts and to meet the

20 needs of those seeking services at such posts. In par21 ticular, given Public Notice 4393 (Federal Register, July

22 7, 2003) which restricts the number of waivers that can

23 be granted for interviews of nonimmigrant visas, the Sec24 retary of State should provide sufficient resources, par25 ticularly in countries that are allies of the United States,

26 to ensure that staff can process visa applications, includ-
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1 ing conducting personal interviews, in a manner that is

2 timely, while complying with all the application require3 ments, including security concerns.

4 (b) REPORT TO CONGRESS.—Not later than 180 days

5 after the date of the enactment of this Act, the Secretary

6 of State shall submit a report concerning the allocation

7 of resources for embassies and consulates to the appro8 priate congressional committees.

9 SEC. 275. NOTICE TO UNITED STATES EMBASSIES ABROAD

10 REGARDING CHILDREN WHO ARE THE SUB11 JECT OF INTERNATIONAL CHILD ABDUCTION

12 AND GUIDELINES RELATING TO SANCTUARY

13 FOR SUCH CHILDREN.

14 (a) NOTICE OF INTERNATIONAL CHILD ABDUC15 TION.—The Secretary of State shall establish procedures

16 to ensure that appropriate United States Embassies

17 abroad are notified of the possible presence in that country

18 of any child who has been the subject of international child

19 abduction in violation of the order of a court in the United

20 States.

21 (b) GUIDELINES FOR SANCTUARY.—The Secretary of

22 State shall promulgate guidelines for the personnel of

23 United States Embassies abroad concerning procedures

24 relating to sanctuary at such facilities for children who

25 are the subject of international child abduction.
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1 SEC. 276. INADMISSIBILITY OF ALIENS SUPPORTING INTER2 NATIONAL CHILD ABDUCTORS AND REL3 ATIVES OF SUCH ABDUCTORS.

4 (a) IN GENERAL.—Section 212(a)(10)(C)(ii) of the

5 Immigration and Nationality Act (8 U.S.C.

6 1182(a)(10)(C)(ii)) is amended—

7 (1) in subclause (I), by striking the comma at

8 the end and inserting a semicolon;

9 (2) in subclause (II), by striking ‘‘, or’’ at the

10 end and inserting a semicolon;

11 (3) by amending subclause (III) to read as fol12 lows:

13 ‘‘(III) is a spouse (other than the

14 spouse who is the parent of the ab15 ducted child), child (other than the

16 abducted child), parent, sibling, cous17 in, uncle, aunt, nephew, niece, or

18 grandparent of an alien described in

19 clause (i), is an agent of such an

20 alien, or is a principal employing such

21 an alien as an agent, if such person

22 has been designated by the Secretary

23 of State at the Secretary’s sole and

24 unreviewable discretion; or’’ and

25 (4) by adding at the end the following:
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1 ‘‘(IV) is a spouse of the abducted

2 child described in clause (i), if such

3 person has been designated by the

4 Secretary of State at the Secretary’s

5 sole and unreviewable discretion,

6 is inadmissible until such child is surren7 dered to the person granted custody by the

8 order described in that clause, and such

9 custodian and child are permitted to return

10 to the United States or such custodian’s

11 place of residence.’’.

12 (b) IDENTIFICATION OF ALIENS SUPPORTING AB13 DUCTORS AND RELATIVES OF ABDUCTORS; NOTICE TO

14 CUSTODIAL PARENTS AND GUARDIANS; ANNUAL REPORT;

15 DEFINITIONS.—Section 212(a)(10)(C) of the Immigration

16 and Nationality Act (8 U.S.C. 1182(a)(10)(C)) is amend17 ed by adding at the end the following:

18 ‘‘(iv) IDENTIFICATION OF ALIENS

19 SUPPORTING ABDUCTORS AND RELATIVES

20 OF ABDUCTORS.—In all instances in which

21 an alien commits an act described in clause

22 (i), the Secretary of State shall take appro23 priate action to identify the individuals

24 who are inadmissible under clause (ii).
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1 ‘‘(v) NOTICE TO CUSTODIAL PARENTS

2 AND GUARDIANS.—In all instances in

3 which an alien commits an act described in

4 clause (i), the Secretary of State shall,

5 upon request of the person granted custody

6 of the child concerned, inform the person

7 of whether, and when, any individual who

8 is inadmissible under clause (ii) by reason

9 of such act has been issued a visa or other10 wise authorized to enter the United States.

11 ‘‘(vi) ANNUAL REPORT.—The Sec12 retary of State annually shall submit to

13 the Committee on International Relations,

14 the Committee on Government Reform,

15 and the Committee on the Judiciary of the

16 United States House of Representatives,

17 and the Committee on Foreign Relations,

18 the Committee on Governmental Affairs,

19 and the Committee on the Judiciary of the

20 United States Senate, a report that pro21 vides, with respect to the preceding year,

22 an accounting of the number of cases

23 known to the Secretary of State,

24 disaggregated according to the nationality

25 of the alien concerned—
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1 ‘‘(I) in which an authority under

2 this subparagraph was exercised (and

3 with respect to each such case, the

4 specific ground for inadmissibility

5 shall be specified); and

6 ‘‘(II) in which an authority under

7 this subparagraph has not been exer8 cised but in which an alien, after

9 entry of an order by a court in the

10 United States granting custody to a

11 person of a United States citizen

12 child, detained or retained the child,

13 or withheld custody of the child, out14 side the United States from the per15 son granted custody by that order.

16 ‘‘(vii) DEFINITIONS.—For purposes of

17 this subparagraph—

18 ‘‘(I) the term ‘child’ means an in19 dividual who was a child at the time

20 the individual was detained or re21 tained, or at the time custody of the

22 individual was withheld, as described

23 in clause (i), regardless of the age or

24 marital status of the individual after

25 such time; and
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1 ‘‘(II) the term ‘sibling’ includes a

2 step-sibling or half-sibling.’’.

3 SEC. 277. ARCHITECTURAL INTEGRITY OF UNITED STATES

4 EMBASSIES, CONSULATES, AND OTHER DIP5 LOMATIC BUILDINGS.

6 It is the sense of the Congress that, to the greatest

7 extent possible, in the construction and renovation of

8 United States embassies, consulates, and other diplomatic

9 buildings, the Secretary of State shall consider and seek

10 to preserve the architectural integrity and cohesiveness of

11 the neighborhood and environs and minimize any disrup12 tion due to the presence of the embassy, consulate, or

13 other diplomatic building.

14 TITLE III—ORGANIZATION AND

15 PERSONNEL OF THE DEPART16 MENT OF STATE

17 SEC. 301. FELLOWSHIP OF HOPE PROGRAM.

18 The Secretary of State is authorized to establish in

19 the Department of State an exchange program to be des20 ignated the ‘‘Fellowship of Hope Program’’. The program

21 shall provide for the exchange and assignment of govern22 ment employees of designated countries to fellowship posi23 tions at the Department of State and reciprocal assign24 ment of civil service and foreign service employees of the
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1 Department as fellows within the governments of foreign

2 countries.

3 SEC. 302. CLAIMS FOR LOST PAY.

4 Section 2 of the State Department Basic Authorities

5 Act of 1956 (22 U.S.C. 2669) is amended—

6 (1) at the end of subsection (n) by striking the

7 period and inserting ‘‘; and’’; and

8 (2) by inserting after subsection (o) the fol9 lowing new subsection:

10 ‘‘(o) make administrative corrections or adjustments

11 to an employee’s pay, allowances, or differentials, resulting

12 from mistakes or retroactive personnel actions, and to pro13 vide back pay and other categories of payments under the

14 Back Pay Act as part of the settlement of administrative

15 claims or grievances filed against the Department.’’.

16 SEC. 303. OMBUDSMAN FOR THE DEPARTMENT OF STATE.

17 (a) ESTABLISHMENT.—There is established in the

18 Office of the Secretary of State the position of Ombuds19 man. The position of Ombudsman shall be a career posi20 tion within the Senior Executive Service. The Ombudsman

21 shall report directly to the Secretary of State.

22 (b) DUTIES.—At the discretion of the Secretary of

23 State, the Ombudsman shall participate in meetings re24 garding the management of the Department in order to

25 assure that all employees may contribute to the achieve-
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1 ment of the Department’s responsibilities and to promote

2 the career interests of all employees.

3 (c) CONFORMING AMENDMENT.—Section 172 of the

4 Foreign Relations Authorization Act, Fiscal Years 1988

5 and 1989 (22 U.S.C. 2664a) is amended—

6 (1) by striking subsection (c); and

7 (2) by redesignating subsection (d) as sub8 section (c).

9 SEC. 304. REPEAL OF RECERTIFICATION REQUIREMENT

10 FOR SENIOR FOREIGN SERVICE.

11 Section 305 of the Foreign Service Act of 1980 (22

12 U.S.C. 3945) is amended by striking subsection (d).

13 SEC. 305. REPORT CONCERNING STATUS OF EMPLOYEES

14 OF STATE DEPARTMENT.

15 Not later than one year after the date of the enact16 ment of this Act, the Secretary of State shall prepare and

17 submit to the appropriate congressional committees a re18 port that analyzes and evaluates the merits of the conver19 sion of employees of the Department of State to excepted

20 service under chapter 21 of title 5, United States Code.

21 SEC. 306. HOME LEAVE.

22 (a) REST AND RECUPERATION TRAVEL.—Section

23 901(6) of the Foreign Service Act of 1980 (22 U.S.C.

24 4081(6)) is amended by striking ‘‘unbroken by home

25 leave’’ both places it appears.
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1 (b) REQUIRED LEAVE IN THE UNITED STATES.—

2 Section 903(a) of the Foreign Service Act of 1980 (22

3 U.S.C. 4083(a)) is amended by striking ‘‘18 months’’ and

4 inserting ‘‘12 months’’.

5 SEC. 307. INCREASED LIMITS APPLICABLE TO POST DIF6 FERENTIALS AND DANGER PAY ALLOW7 ANCES.

8 (a) POST DIFFERENTIALS.—Section 5925(a) of title

9 5, United States Code, is amended by striking ‘‘25 per10 cent’’ in the third sentence and inserting ‘‘35 percent’’.

11 (b) DANGER PAY ALLOWANCES.—Section 5928 of

12 title 5, United States Code, is amended by striking ‘‘25

13 percent’’ both places it appears and inserting ‘‘35 per14 cent’’.

15 (c) CRITERIA.—The Secretary shall inform the ap16 propriate congressional committees of the criteria to be

17 used in determinations of appropriate adjustments in post

18 differentials under section 5925 of title 5, United States

19 Code, and danger pay allowances under section 5928 of

20 title 5, United States Code.

21 (d) STUDY AND REPORT.—Two years after the date

22 of the enactment of this Act, the Secretary of State shall

23 conduct a study assessing the effect of the increases in

24 post differentials and danger pay allowances made by the

25 amendments in subsections (a) and (b) in filling ‘‘hard-
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1 to-fill’’ positions. The Secretary shall submit a report of

2 such study to the appropriate congressional committees.

3 SEC. 308. REGULATIONS REGARDING RETIREMENT CREDIT

4 FOR GOVERNMENT SERVICE PERFORMED

5 ABROAD.

6 Section 321(f) of the Foreign Relations Authorization

7 Act, Fiscal Year 2003 (5 U.S.C. 8411 note; Public Law

8 107–228) is amended by striking ‘‘regulations’’ and in9 serting ‘‘regulations, not later than 60 days after the date

10 of the enactment of the Foreign Relations Authorization

11 Act, Fiscal Years 2004 and 2005,’’.

12 SEC. 309. MINORITY RECRUITMENT.

13 (a) REPORTING REQUIREMENT.—Section 324 of the

14 Foreign Relations Authorization Act, Fiscal Year 2003

15 (Public Law 107–228) is amended by striking ‘‘and April

16 1, 2004’’ and inserting ‘‘April 1, 2004, and April 1,

17 2005’’.

18 (b) USE OF FUNDS.—The provisions of section 325

19 of such Act shall apply to funds authorized by section

20 111(a)(1)(E) of this Act.

21 (c) CONFORMING AMENDMENT.—Section 325(c) of

22 such Act is amended in the second sentence by striking

23 ‘‘two’’ and inserting ‘‘three’’.
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1 SEC. 310. MERITORIOUS STEP INCREASES.

2 Section 406(b) of the Foreign Service Act of 1980

3 (22 U.S.C. 3966(b)) is amended by striking ‘‘receiving an

4 increase in salary under subsection (a),’’.

5 SEC. 311. TREATMENT OF TERRITORIES AND POSSESSIONS

6 AS PART OF THE GEOGRAPHIC UNITED

7 STATES FOR PURPOSES OF TRANSFER AL8 LOWANCES.

9 Notwithstanding any other provision of law, for pur10 poses of transfer allowances for employees of the Depart11 ment of State under section 5924(2)(B) of title 5, United

12 States Code, the territories and possessions of the United

13 States, the Commonwealth of Puerto Rico, and the Com14 monwealth of the Northern Mariana Islands, shall be con15 sidered part of the geographic United States.

16 TITLE IV—INTERNATIONAL

17 ORGANIZATIONS

18 Subtitle A—Basic Authorities and

19 Activities

20 SEC. 401. RAISING THE CAP ON PEACEKEEPING CONTRIBU21 TIONS.

22 Section 404(b)(2)(B) of the Foreign Relations Au23 thorization Act, Fiscal Years 1994 and 1995 is amended

24 by inserting after clause (iv) the following:
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1 ‘‘(v) For assessments made during

2 calendar year 2005 and calendar year

3 2006, 27.10 percent.’’.

4 SEC. 402. REGARDING THE REENTRY OF THE UNITED

5 STATES IN UNESCO.

6 (a) SENSE OF CONGRESS.—As the United States re7 sumes membership in the United Nations Educational,

8 Scientific, and Cultural Organization (UNESCO), the

9 President should—

10 (1) appoint a United States Representative to

11 the Organization for Economic Cooperation and De12 velopment (OECD) who shall also serve as the

13 United States Representative to UNESCO;

14 (2) take steps to ensure that more Americans

15 are employed by UNESCO, particularly for senior

16 level positions;

17 (3) request that the Secretary General of

18 UNESCO create a Deputy Director General position

19 for Management or a comparable position with high

20 level managerial and administrative responsibilities

21 to be filled by an American;

22 (4) insist that any increases in UNESCO’s

23 budget beyond the level of zero nominal growth for

24 the 2004–2005 biennium focus primarily on the
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1 adoption of management and administrative reforms;

2 and

3 (5) request that the Secretary General of

4 UNESCO spend the United States contribution to

5 UNESCO for the last quarter of calendar year 2003

6 on key education and science priorities of the organi7 zation that will directly benefit United States na8 tional interests.

9 (b) ANNUAL ASSESSMENT FOR UNITED STATES PAR10 TICIPATION IN UNESCO.—Of the amounts authorized to

11 be appropriated by section 113(a), such sums as may be

12 necessary for each of the fiscal years 2004 and 2005 are

13 authorized to be available for the annual assessment for

14 United States contributions to the regular budget of the

15 United Nations Educational, Scientific, and Cultural Or16 ganization.

17 SEC. 403. UNESCO NATIONAL COMMISSION.

18 (a) IN GENERAL.—Section 3 of the Act of July 30,

19 1946, ‘‘Providing for membership and participation by the

20 United States in the United Nations Educational, Sci21 entific, and Cultural Organization, and authorizing an ap22 propriation therefor.’’ (22 U.S.C. 287o) is amended to

23 read as follows:

24 ‘‘SEC. 3. (a) In fulfillment of article VII of the con25 stitution of the Organization, the Secretary of State shall
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1 establish a National Commission on Educational, Sci2 entific, and Cultural Cooperation.

3 ‘‘(b) The National Commission shall be composed of

4 not more than 35 members appointed by the Secretary

5 of State in consultation with the National Academy of

6 Sciences, the National Science Foundation, the Secretary

7 of Education, the Secretary of Health and Human Serv8 ices, and the Secretary of the Interior. Members of the

9 National Commission shall be representatives of non10 governmental organizations, academic institutions, and as11 sociations interested in education, scientific, and cultural

12 matters. Periodically, the Secretary shall review and revise

13 the entities represented on the National Commission in

14 order to achieve a desirable rotation in representation. Ex15 cept as otherwise provided, each member of the National

16 Commission shall be appointed to a term of 3 years. As

17 designated by the Secretary of State at the time of ap18 pointment, of the members first appointed one-third shall

19 be appointed for a term of 1 year, one-third shall be ap20 pointed for a term of 2 years, and one-third shall be ap21 pointed for a term of 3 years. Any member appointed to

22 fill a vacancy occurring before the expiration of the term

23 for which the member’s predecessor was appointed shall

24 be appointed only for the remainder of that term. A mem25 ber may serve after the expiration of that member’s term
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1 until a successor has taken office. No member may serve

2 more than 2 consecutive terms. The Secretary of State

3 shall designate a chair of the National Commission.

4 ‘‘(c) Members of the National Commission shall serve

5 without pay. For attendance at the annual meeting, each

6 member shall receive travel expenses in accordance with

7 section 5703 of title 5, United States Code.

8 ‘‘(d) The National Commission shall meet at the call

9 of the chair at least annually and such meetings may be

10 through video conferencing or other electronic means. The

11 National Commission shall designate an executive com12 mittee from among the members of the commission and

13 may designate such other committees as may be necessary

14 to carry out its duties under this Act.

15 ‘‘(e) Upon request of the National Commission, the

16 Secretary of State may detail any of the personnel of the

17 Department of State to the National Commission to assist

18 it in carrying out its duties under this Act.’’.

19 (b) CONFORMING CHANGES.—Section 2 of the Act of

20 July 30, 1946, ‘‘Providing for membership and participa21 tion by the United States in the United Nations Edu22 cational, Scientific, and Cultural Organization, and au23 thorizing an appropriation therefor.’’ (22 U.S.C. 287o) is

24 amended by striking ‘‘One of the representatives’’ and all

25 that follows through the end of such section.
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1 SEC. 404. ORGANIZATION OF AMERICAN STATES (OAS)

2 EMERGENCY FUND.

3 Section 109(b)(3) of Public Law 104–114 (22 U.S.C.

4 6039(b)(3)) is amended by striking ‘‘should provide not

5 less than $5,000,000’’ and inserting ‘‘shall provide for

6 each of the fiscal years 2004 and 2005 not less than

7 $500,000’’.

8 SEC. 405. UNITED STATES EFFORTS REGARDING THE STA9 TUS OF ISRAEL IN THE WESTERN EUROPEAN

10 AND OTHERS GROUP AT THE UNITED NA11 TIONS.

12 (a) UNITED STATES EFFORTS.—The Secretary of

13 State and other appropriate officials of the United States

14 Government should pursue an aggressive diplomatic effort

15 and should take all necessary steps to ensure the extension

16 and upgrade of Israel’s membership in the Western Euro17 pean and Others Group at the United Nations.

18 (b) REPORT.—Not later than 60 days after the date

19 of the enactment of this Act and semiannually thereafter

20 through September 30, 2005, the Secretary of State shall

21 submit to the appropriate congressional committees a re22 port on the steps taken by the United States pursuant

23 to subsection (a) and progress in achieving the objectives

24 of subsection (a).
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1 Subtitle B—United States

2 International Leadership

3 SEC. 431. SHORT TITLE.

4 This subtitle may be cited as the ‘‘United States

5 International Leadership Act of 2003’’.

6 SEC. 432. FINDINGS.

7 The Congress makes the following findings:

8 (1) International organizations and other multi9 lateral institutions play a key role in United States

10 foreign policy and serve key United States foreign

11 policy objectives, such as obligating all countries to

12 freeze assets of terrorist groups, preventing the pro13 liferation of chemical, biological, and nuclear weap14 ons, and spearheading the fight to combat the rav15 ages of HIV/AIDS and other infectious diseases.

16 (2) Decisions at many international organiza17 tions, including membership and key positions, re18 main subject to determinations made by regional

19 groups where democratic states are often in the mi20 nority and where there is intensive cooperation

21 among repressive regimes. As a result, the United

22 States has often been blocked in its attempts to take

23 action in these institutions to advance its goals and

24 objectives, including at the United Nations Human

25 Rights Commission (where a representative of Libya
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1 was elected as chairman and the United States tem2 porarily lost a seat).

3 (3) In order to address these shortcomings, the

4 United States must actively work to improve the

5 workings of international organizations and multilat6 eral institutions, particularly by creating a caucus of

7 democratic countries that will advance United States

8 interests. In the Second Ministerial Conference of

9 the Community of Democracies in Seoul, Korea, on

10 November 10–20, 2002, numerous countries rec11 ommended working together as a democracy caucus

12 in international organizations such as the United

13 Nations and ensuring that international and regional

14 institutions develop and apply democratic standards

15 for member states.

16 (4) In addition, the United States has short17 changed its ability to influence these organizations

18 by failing to obtain enough support for positions

19 that are congruent to or consistent with United

20 States objectives and has not done enough to build

21 expertise in the United States Government in the

22 area of multilateral diplomacy.

23 SEC. 433. ESTABLISHMENT OF A DEMOCRACY CAUCUS.

24 (a) IN GENERAL.—The President of the United

25 States, acting through the Secretary of State and the rel-
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1 evant United States chiefs of mission, shall seek to estab2 lish a democracy caucus at the United Nations, the United

3 Nations Human Rights Commission, the United Nations

4 Conference on Disarmament, and at other broad-based

5 international organizations.

6 (b) PURPOSES OF THE CAUCUS.—A democracy cau7 cus at an international organization should—

8 (1) forge common positions, including, as ap9 propriate, at the ministerial level, on matters of con10 cern before the organization and work within and

11 across regional lines to promote agreed positions;

12 (2) work to revise an increasingly outmoded

13 system of regional voting and decision making; and

14 (3) set up a rotational leadership scheme to

15 provide member states an opportunity, for a set pe16 riod of time, to serve as the designated president of

17 the caucus, responsible for serving as its voice in

18 each organization.

19 SEC. 434. ANNUAL DIPLOMATIC MISSIONS ON MULTILAT20 ERAL ISSUES.

21 The Secretary of State, acting through the principal

22 officers responsible for advising the Secretary on inter23 national organizations, shall ensure that a high-level dele24 gation from the United States Government, on an annual

25 basis, is sent to consult with key foreign governments in
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1 every region in order to promote the United States agenda

2 at key international fora, such as the United Nations Gen3 eral Assembly, United Nations Human Rights Commis4 sion, the United Nations Education, Science, and Cultural

5 Organization, and the International Whaling Commission.

6 SEC. 435. LEADERSHIP AND MEMBERSHIP OF INTER7 NATIONAL ORGANIZATIONS.

8 (a) UNITED STATES POLICY.—The President, acting

9 through the Secretary of State and the relevant United

10 States chiefs of mission, shall use the voice, vote, and in11 fluence of the United States to—

12 (1) where appropriate, reform the criteria for

13 leadership and, in appropriate cases for membership,

14 at all United Nations bodies and at other inter15 national organizations and multilateral institutions

16 to which the United States is a member so as to ex17 clude nations that violate the principles of the spe18 cific organization;

19 (2) make it a policy of the United Nations and

20 other international organizations and multilateral in21 stitutions, of which the United States is a member,

22 that a member state may not stand in nomination

23 or be in rotation for a leadership position in such

24 bodies if the member state is subject to sanctions
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1 imposed by the United Nations Security Council;

2 and

3 (3) work to ensure that no member state stand

4 in nomination or be in rotation for a leadership posi5 tion in such organizations, or for membership of the

6 United Nations Security Council, if the member

7 state is subject to a determination under section

8 620A of the Foreign Assistance Act of 1961, section

9 40 of the Arms Export Control Act, or section 6(j)

10 of the Export Administration Act.

11 (b) REPORT TO CONGRESS.—Not later than 15 days

12 after a country subject to to a determination under section

13 620A of the Foreign Assistance Act of 1961, section 40

14 of the Arms Export Control Act, or section 6(j) of the

15 Export Administration Act is selected for a leadership post

16 in an international organization of which the United

17 States is a member or a membership of the United Na18 tions Security Council, the Secretary of State shall submit

19 a report to the appropriate congressional committees on

20 any steps taken pursuant to subsection (a)(3).

21 SEC. 436. INCREASED TRAINING IN MULTILATERAL DIPLO22 MACY.

23 (a) TRAINING PROGRAMS.—Section 708 of the For24 eign Service Act of 1980 (22 U.S.C. 4028) is amended
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1 by adding after subsection (b) the following new sub2 section:

3 ‘‘(c) TRAINING IN MULTILATERAL DIPLOMACY.—

4 ‘‘(1) IN GENERAL.—The Secretary shall estab5 lish a series of training courses for officers of the

6 Service, including appropriate chiefs of mission, on

7 the conduct of diplomacy at international organiza8 tions and other multilateral institutions and at

9 broad-based multilateral negotiations of inter10 national instruments.

11 ‘‘(2) PARTICULAR PROGRAMS.—The Secretary

12 shall ensure that the training described in paragraph

13 (1) is provided at various stages of the career of

14 members of the Service. In particular, the Secretary

15 shall ensure that after January 1, 2004—

16 ‘‘(A) officers of the Service receive training

17 on the conduct of diplomacy at international or18 ganizations and other multilateral institutions

19 and at broad-based multilateral negotiations of

20 international instruments as part of their train21 ing upon entry of the Service; and

22 ‘‘(B) officers of the Service, including

23 chiefs of mission, who are assigned to United

24 States missions representing the United States

25 to international organizations and other multi-
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1 lateral institutions or who are assigned in

2 Washington, D.C. to positions that have as

3 their primary responsibility formulation of pol4 icy towards such organizations and institutions

5 or towards participation in broad-based multi6 lateral negotiations of international instruments

7 receive specialized training in the areas de8 scribed in paragraph (1) prior to beginning of

9 service for such assignment or, if receiving such

10 training at that time is not practical, within the

11 first year of beginning such assignment.’’.

12 (b) TRAINING FOR CIVIL SERVICE EMPLOYEES.—

13 The Secretary shall ensure that employees of the Depart14 ment of State that are members of the civil service and

15 that are assigned to positions described in section 708(c)

16 of the Foreign Service Act of 1980 (as amended by this

17 subtitle) have training described in such section.

18 (c) CONFORMING AMENDMENTS.—Section 708 of

19 such Act is further amended—

20 (1) in subsection (a) by striking ‘‘(a) The’’ and

21 inserting ‘‘(a) TRAINING ON HUMAN RIGHTS.—

22 The’’; and

23 (2) in subsection (b) by striking ‘‘(b) The’’ and

24 inserting ‘‘(b) TRAINING ON REFUGEE LAW AND

25 RELIGIOUS PERSECUTION.—The’’.
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1 SEC. 437. PROMOTING ASSIGNMENTS TO INTERNATIONAL

2 ORGANIZATIONS.

3 (a) PROMOTIONS.—

4 (1) IN GENERAL.—Section 603(b) of the For5 eign Service Act of 1980 (22 U.S.C. 4003) is

6 amended by striking the period at the end and in7 serting: ‘‘, and shall consider whether the member of

8 the Service has served in a position whose primary

9 responsibility is to formulate policy towards or rep10 resent the United States at an international organi11 zation, a multilateral institution, or a broad-based

12 multilateral negotiation of an international instru13 ment.’’.

14 (2) EFFECTIVE DATE.—The amendment made

15 by paragraph (1) shall take effect January 1, 2010.

16 (b) ESTABLISHMENT OF A MULTILATERAL DIPLO17 MACY CONE IN THE FOREIGN SERVICE.—

18 (1) FINDINGS.—

19 (A) The Department of State maintains a

20 number of United States missions both within

21 the United States and abroad that are dedi22 cated to representing the United States to

23 international organizations and multilateral in24 stitutions, including missions in New York,

25 Brussels, Geneva, Rome, Montreal, Nairobi, Vi26 enna, and Paris, which will soon be responsible
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1 for United States representation to UNESCO

2 and OECD.

3 (B) In offices at the Harry S. Truman

4 Building, the Department maintains a signifi5 cant number of positions in bureaus that are ei6 ther dedicated, or whose primary responsibility

7 is, to represent the United States to such orga8 nizations and institutions or at multilateral ne9 gotiations.

10 (C) Given the large number of positions in

11 the United States and abroad that are dedi12 cated to multilateral diplomacy, the Department

13 of State may be well served in developing per14 sons with specialized skills necessary to become

15 experts in this unique form of diplomacy.

16 (2) REPORT.—Not later than 180 days after

17 the date of the enactment of this Act, the Secretary

18 shall submit to the appropriate congressional com19 mittees a report—

20 (A) evaluating whether a new cone should

21 be established for the Foreign Service that con22 centrates on members of the Service that serve

23 at international organizations and multilateral

24 institutions or are primarily responsible for par-
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1 ticipation in broad-based multilateral negotia2 tions of international instruments; and

3 (B) provides alternative mechanisms for

4 achieving the objective of developing a core

5 group of United States diplomats and other

6 government employees who have expertise and

7 broad experience in conducting multilateral di8 plomacy.

9 SEC. 438. IMPLEMENTATION AND ESTABLISHMENT OF OF10 FICE ON MULTILATERAL NEGOTIATIONS.

11 (a) ESTABLISHMENT OF OFFICE.—The Secretary of

12 State is authorized to establish, within the Bureau of

13 International Organizational Affairs, an Office on Multi14 lateral Negotiations to be headed by a Special Representa15 tive for Multilateral Negotiations (in this section referred

16 to as the ‘‘special representative’’).

17 (b) APPOINTMENT.—The special representative shall

18 be appointed by the President with the advice and consent

19 of the Senate and shall have the rank of Ambassador-at20 Large. At the discretion of the President another official

21 at the Department may serve as the special representative.

22 The President may direct that the special representative

23 report to the Assistant Secretary for International Organi24 zations.
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1 (c) STAFFING.—The special representative shall have

2 a staff of foreign service and civil service officers skilled

3 in multilateral diplomacy.

4 (d) DUTIES.—The special representative shall have

5 the following responsibilities:

6 (1) IN GENERAL.—The primary responsibility

7 of the special representative shall be to assist in the

8 organization of, and preparation for, United States

9 participation in multilateral negotiations, including

10 the advocacy efforts undertaken by the Department

11 of State and other United States agencies.

12 (2) ADVISORY ROLE.—The special representa13 tive shall advise the President and the Secretary of

14 State, as appropriate, regarding advocacy at inter15 national organizations and multilateral institutions

16 and negotiations and, in coordination with the As17 sistant Secretary of State for International Organi18 zational Affairs, shall make recommendations

19 regarding—

20 (A) effective strategies (and tactics) to

21 achieve United States policy objectives at multi22 lateral negotiations;

23 (B) the need for and timing of high level

24 intervention by the President, the Secretary of

25 State, the Deputy Secretary of State, and other
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1 United States officials to secure support from

2 key foreign government officials for the United

3 States position at such organizations, institu4 tions, and negotiations;

5 (C) the composition of United States dele6 gations to multilateral negotiations; and

7 (D) liaison with Congress, international or8 ganizations, nongovernmental organizations,

9 and the private sector on matters affecting mul10 tilateral negotiations.

11 (3) DEMOCRACY CAUCUS.—The special rep12 resentative, in coordination with the Assistant Sec13 retary for International Organizational Affairs, shall

14 ensure the establishment of a democracy caucus.

15 (4) ANNUAL DIPLOMATIC MISSIONS OF MULTI16 LATERAL ISSUES.—The special representative, in co17 ordination with the Assistant Secretary for Inter18 national Organizational Affairs, shall organize an19 nual consultations between the principal officers re20 sponsible for advising the Secretary of State on

21 international organizations and foreign governments

22 to promote the United States agenda at the United

23 Nations General Assembly and other key inter24 national fora (such as the United Nations Human

25 Rights Commission).
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1 (5) LEADERSHIP AND MEMBERSHIP OF INTER2 NATIONAL ORGANIZATIONS.—The special representa3 tive, in coordination with the Assistant Secretary of

4 International Organizational Affairs, shall direct the

5 efforts of the United States Government to reform

6 the criteria for leadership and membership of inter7 national organizations as described in section 435.

8 (6) PARTICIPATION IN MULTILATERAL NEGO9 TIATIONS.—The special representative, or members

10 of the special representative’s staff, may, as required

11 by the President or the Secretary of State, serve on

12 a United States delegation to any multilateral nego13 tiation.

14 (e) REPORT.—Not later than 180 days after the date

15 of the enactment of this Act, the Secretary of State shall

16 submit a plan to establish a democracy caucus to the ap17 propriate congressional committees. The report required

18 by section 437(c) may be submitted together with the re19 port under this subsection.

20 SEC. 439. SYNCHRONIZATION OF UNITED STATES CON21 TRIBUTIONS TO INTERNATIONAL ORGANIZA22 TIONS.

23 Not later than 180 days after the date of the enact24 ment of this Act, the President shall submit a plan to the

25 appropriate congressional committees on the implementa-
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1 tion of section 404 of the Foreign Relations Authorization

2 Act of 2003 (Public Law 107–228), (relating to a resump3 tion by the United State of the payment of its full con4 tribution to certain international organizations at the be5 ginning of each calendar year).

6 TITLE V—UNITED STATES

7 INTERNATIONAL BROAD8 CASTING ACTIVITIES

9 Subtitle A—Basic Authorities and

10 Activities

11 SEC. 501. MIDEAST RADIO AND TELEVISION NETWORK, INC.

12 (a) The United States International Broadcasting

13 Act of 1994 (22 U.S.C. 6201 et seq.) is amended by add14 ing after section 309 the following new section:

15 ‘‘SEC. 310. MIDEAST RADIO AND TELEVISION NETWORK,

16 INC.

17 ‘‘(a) AUTHORITY.—Grants authorized under section

18 305 shall be available to make annual grants to Mideast

19 Radio and Television Network, Inc. (hereinafter in this

20 title also referred to as ‘Mideast Network’) for the purpose

21 of carrying out radio and television broadcasting to the

22 Middle East region.

23 ‘‘(b) FUNCTION.—Mideast Network shall provide

24 radio and television programming to the Middle East re-
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1 gion consistent with the broadcasting standards and

2 broadcasting principles set forth in section 303 of this Act.

3 ‘‘(c) GRANT AGREEMENT.—Any grant agreement or

4 grants under this section shall be subject to the following

5 limitations and restrictions:

6 ‘‘(1) The Board may not make any grant to the

7 nonprofit corporation, Mideast Network unless its

8 certificate of incorporation provides that—

9 ‘‘(A) the Board of Directors of Mideast

10 Radio and Television Network, Inc. (hereinafter

11 referred to as ‘the Board’) shall consist of the

12 members of the Broadcasting Board of Gov13 ernors established under section 304 and of no

14 other members; and

15 ‘‘(B) the Board shall make all major policy

16 determinations governing the operation of Mid17 east Network and shall appoint and fix the

18 compensation of such managerial officers and

19 employees of Mideast Network as it considers

20 necessary to carry out the purposes of the grant

21 provided under this title, except that no officer

22 or employee may be paid a salary or other com23 pensation in excess of the rate of pay payable

24 for Level IV of the Executive Schedule under

25 section 5315 of title 5, United States Code.
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1 ‘‘(2) Any grant agreement under this section

2 shall require that any contract entered into by Mid3 east Network shall specify that obligations are as4 sumed by Mideast Network and not the United

5 States Government.

6 ‘‘(3) Any grant agreement shall require that

7 any lease agreement entered into by Mideast Net8 work shall be, to the maximum extent possible, as9 signable to the United States Government.

10 ‘‘(4) Grants awarded under this section shall be

11 made pursuant to a grant agreement which requires

12 that grant funds be used only for activities con13 sistent with this section, and that failure to comply

14 with such requirements shall permit the grant to be

15 terminated without fiscal obligation to the United

16 States.

17 ‘‘(5) Duplication of language services and tech18 nical operations between the Mideast Radio and Tel19 evision Network, Inc., (including Radio Sawa), RFE/

20 RL, and the International Broadcasting Bureau will

21 be reduced to the extent appropriate, as determined

22 by the Board.

23 ‘‘(d) NOT A FEDERAL AGENCY OR INSTRUMEN24 TALITY.—Nothing in this title may be construed to estab25 lish Mideast Network as a Federal agency or instrumen-
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1 tality, nor shall the officers or employees of Mideast Net2 work be considered to be officers or employees of the

3 United States Government.

4 ‘‘(e) AUDIT AUTHORITY.—

5 ‘‘(1) Such financial transactions of Mideast

6 Network, as relate to functions carried out under

7 this section may be audited by the General Account8 ing Office in accordance with such principles and

9 procedures and under such rules and regulations as

10 may be prescribed by the Comptroller General of the

11 United States. Any such audit shall be conducted at

12 the place or places where accounts of Mideast Net13 work are normally kept.

14 ‘‘(2) Representatives of the General Accounting

15 Office shall have access to all books, accounts,

16 records, reports, files, papers, and property belong17 ing to or in use by Mideast Network pertaining to

18 such financial transactions as necessary to facilitate

19 an audit. Such representatives shall be afforded full

20 facilities for verifying transactions with any assets

21 held by depositories, fiscal agents, and custodians.

22 All such books, accounts, records, reports, files, pa23 pers, and property of Mideast Network shall remain

24 in the custody of Mideast Network.
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1 ‘‘(3) Notwithstanding any other provisions of

2 law, the Inspector General of the Department of

3 State is authorized to exercise the authorities of the

4 Inspector General Act with respect to the Mideast

5 Network.’’.

6 (b) CONFORMING AMENDMENTS.—

7 (1) Section 305 of the United States Inter8 national Broadcasting Act of 1994 (22 U.S.C. 6204)

9 is amended—

10 (A) in subsection (a)(5) by striking ‘‘308

11 and 309’’ and inserting ‘‘308, 309, and 310’’;

12 (B) in subsection (a)(6) by striking ‘‘308

13 and 309’’ and inserting ‘‘308, 309, and 310’’;

14 and

15 (C) in subsection (c) by striking ‘‘308 and

16 309’’ and inserting ‘‘308, 309, and 310’’.

17 (2) Section 307 of the United States Inter18 national Broadcasting Act of 1994 (22 U.S.C. 6206)

19 is amended—

20 (A) in subsection (a) by striking ‘‘308 and

21 309’’ and inserting ‘‘308, 309, and 310’’; and

22 (B) in subsection (c) by adding ‘‘Mideast

23 Radio and Television Network, Inc.,’’ after

24 ‘‘Asia’’.
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1 (3) Section 304(g) of the United States Inter2 national Broadcasting Act of 1994 (22 U.S.C.

3 6203(g)) is amended by striking ‘‘and Radio Free

4 Asia’’ and inserting ‘‘, Radio Free Asia, and Mideast

5 Radio and Television Network, Inc.’’.

6 (4) Section 8332(b)(11) of title 5, United

7 States Code, is amended by adding ‘‘Mideast Radio

8 and Television Network, Inc.;’’ after ‘‘the Asia

9 Foundation;’’.

10 SEC. 502. IMPROVING SIGNAL DELIVERY TO CUBA.

11 Section 3 of the Radio Broadcasting to Cuba Act (22

12 U.S.C. 1465a) is amended—

13 (1) in subsection (c) by striking the second sen14 tence and inserting ‘‘The Board is authorized to si15 multaneously utilize other broadcasting transmission

16 facilities, and other frequencies, including the Ampli17 tude Modulation (AM) Band (535 kHz to 1705

18 kHz), the Frequency Modulation (FM) Band, and

19 the Shortwave (SW) Band.’’;

20 (2) in subsection (c) in the third sentence by

21 striking ‘‘Provided, That’’ and all that follows before

22 the period at the end;

23 (3) in subsection (d) by striking the last sen24 tence;
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1 (4) by amending subsection (e) to read as fol2 lows:

3 ‘‘(e) Any program of United States Government radio

4 broadcasts to Cuba authorized by this section shall be des5 ignated ‘Radio Marti program’.’’; and

6 (5) in subsection (f) by striking ‘‘Voice of

7 America’’.

8 SEC. 503. REPORT CONCERNING EFFORTS TO COUNTER

9 JAMMING OF BROADCASTS OF RADIO MARTI

10 AND TV MARTI.

11 Not later than 30 days after the date of the enact12 ment of this Act, the Secretary of State shall submit to

13 the appropriate congressional committees a report pro14 viding the following information:

15 (1) Specific steps taken to increase the capabili16 ties of Radio Marti and TV Marti to ensure that

17 broadcasts overcome jamming by the Government of

18 Cuba.

19 (2) An evaluation and analysis of not less than

20 10 alternate methods to counter jamming of radio

21 and television broadcasts including the following:

22 (A) Methods used to broadcast into Iraq

23 involving a C–130.
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1 (B) Methods previously used to transmit

2 into the former Soviet Union and other Soviet

3 bloc countries.

4 (C) Successful methods employed by non5 United States Government entities, such as

6 those used by the Falun Gong to overcome Chi7 nese Government jamming and those recently

8 used by a Cuban exile group to transmit tele9 vision broadcasts into Cuba.

10 SEC. 504. PILOT PROGRAM FOR THE PROMOTION OF TRAV11 EL AND TOURISM IN THE UNITED STATES

12 THROUGH UNITED STATES INTERNATIONAL

13 BROADCASTING.

14 (a) PILOT PROGRAM.—The Broadcasting Board of

15 Governors, in consultation with the Department of Com16 merce and other appropriate Federal, State, and local

17 agencies, shall conduct a pilot program for the promotion

18 of travel and tourism in the United States through United

19 States international broadcasting, particularly to regional

20 economies that have been affected by the decrease in tour21 ism following the events of September 11, 2001.

22 (b) PROGRAMMING.—The pilot program shall devote

23 regular programming to broadcasting information on lo24 calities of the United States with the purpose of promoting
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1 travel and tourism to regional economies heavily reliant

2 on such tourism.

3 (c) REPORT TO CONGRESS.—Not later than 180 days

4 after the date of the enactment of this Act, the Broad5 casting Board of Governors shall submit to the appro6 priate congressional committees a report detailing the ac7 tions taken by the Board in carrying out this section.

8 SEC. 505. RADIO FREE ASIA BROADCASTS INTO NORTH

9 KOREA.

10 (a) FINDINGS.—The Congress makes the following

11 findings:

12 (1) North Korea’s development of nuclear weap13 ons and missile delivery systems poses one of the

14 gravest security threats to the United States in the

15 world.

16 (2) The Kim Jong Il regime in North Korea

17 has one of the worst human rights records in the

18 world. On April 16, 2003, the United Nations Com19 mission on Human Rights passed a resolution, ‘‘ex20 pressing its deep concern about reports of systemic,

21 widespread and grave violations of human rights’’ in

22 North Korea.

23 (3) In order to ensure its survival, the Kim

24 Jong Il regime makes extensive efforts to control the

25 flow of information in North Korea.
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1 (4) In 2002, a survey found that five of twelve

2 ‘‘elite’’ defectors from North Korea had listened to

3 Radio Free Asia.

4 (5) Radio Free Asia broadcasts only 4 hours

5 each day into North Korea.

6 (6) Many North Korean citizens lack radios ca7 pable of receiving Radio Free Asia broadcasts.

8 (b) SENSE OF CONGRESS.—It is the sense of the

9 Congress that the Broadcasting Board of Governors

10 should ensure that Radio Free Asia increases its broad11 casting with respect to North Korea to 24 hours each day.

12 (c) REPORT TO CONGRESS.—Not later than 90 days

13 after the date of the enactment of this Act, the Secretary

14 of State, after consulting with other agencies of the United

15 States Government, shall submit a report, in classified

16 form, on specific measures currently being undertaken and

17 measures necessary, including the provision of adequate

18 radios, to maximize North Korean citizen access to Radio

19 Free Asia and other foreign broadcasts to the Committee

20 on International Relations and the Permanent Select

21 Committee on Intelligence of the House of Representatives

22 and the Committee on Foreign Relations and the Select

23 Committee on Intelligence of the Senate.
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1 SEC. 506. PROHIBITION ON ELIMINATION OF INTER2 NATIONAL BROADCASTING IN EASTERN EU3 ROPE.

4 During the 2 year period beginning on the date of

5 the enactment of this Act, the Broadcasting Board of Gov6 ernors may not eliminate foreign language broadcasting

7 in any of the following languages: Bulgarian, Czech, Esto8 nian, Hungarian, Latvian, Lithuanian, Georgian, Polish,

9 Slovene, Slovak, Romanian, Croatian, Armenian, and

10 Ukrainian.

11 SEC. 507. CONTRACTOR REQUIREMENTS.

12 (a) FINDINGS.—The Congress finds that the over13 riding national security aspects of the international pro14 grams of the International Broadcasting Bureau require

15 the assurance of uninterrupted logistic support under all

16 circumstances for the programs. Therefore, it is in the

17 best interests of the United States to provide a preference

18 for United States contractors bidding on these projects.

19 (b) PREFERENCE FOR UNITED STATES CONTRAC20 TORS.—Notwithstanding any other provision of law, in

21 any case where there are two or more qualified bidders

22 on projects of the International Broadcasting Bureau, in23 cluding design and construction projects and projects with

24 respect to transmitters, antennas, spare parts, and other

25 technical equipment, all the responsive bids of United
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1 States persons and qualified United States joint venture

2 persons shall be considered to be reduced by 10 percent.

3 (c) EXCEPTION.—

4 (1) Subsection (b) shall not apply with respect

5 to any project of the International Broadcasting Bu6 reau when—

7 (A) precluded by the terms of an inter8 national agreement with the host foreign coun9 try;

10 (B) a foreign bidder can establish that the

11 foreign bidder is a national of a country whose

12 government permits United States contractors

13 and suppliers the opportunity to bid on a com14 petitive and nondiscriminatory basis with its

15 national contractors and suppliers, on procure16 ment and projects related to the construction,

17 modernization, upgrading, or expansion of—

18 (i) its national public radio and tele19 vision sector,

20 (ii) its private radio and television sec21 tor, to the extent that such procurement or

22 project is, in whole or in part, funded or

23 otherwise under the control of a govern24 ment agency or authority,
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1 (C) the Secretary of Commerce certifies (in

2 advance of the award of the contract for that

3 project) to the Board of the International

4 Broadcasting Bureau that the foreign bidder is

5 not receiving any direct subsidy from any gov6 ernment, the effect of which would be to dis7 advantage the competitive position of United

8 States persons who also bid on the project, or

9 (D) the statutes of a host foreign country

10 prohibit the use of United States contractors on

11 such projects within that country.

12 (2) An exception under paragraph (1)(D) shall

13 only become effective with respect to a foreign coun14 try 30 days after the Secretary of State certifies to

15 the Committee on International Relations and the

16 Committee on Appropriations of the House of Rep17 resentatives and the Committee on Foreign Rela18 tions and the Committee on Appropriations of the

19 Senate what specific actions the Secretary has taken

20 to urge the foreign country to permit the use of

21 United States contractors on such projects.

22 (d) DEFINITIONS.—For purposes of this section:

23 (1) The term ‘‘United States person’’ means a

24 person that—
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•HR 1950 EH

1 (A) is incorporated or otherwise legally or2 ganized under the laws of the United States, in3 cluding any State (and any political subdivision

4 thereof) and the District of Columbia;

5 (B) has its principal place of business in

6 the United States;

7 (C) has been incorporated or otherwise le8 gally organized in the United States for more

9 than 5 years before the issuance date of the In10 vitation For Bids or the Request For Proposals

11 with respect to a project under subsection (b);

12 (D) has proven, as indicated by prior con13 tracting experience, to possess the technical,

14 managerial, and financial capability to success15 fully complete a project similar in nature and

16 technical complexity to that being contracted

17 for;

18 (E)(i) employs United States citizens in at

19 least 80 percent of its principal management

20 positions in the United States;

21 (ii) employs United States citizens in more

22 than half of its permanent, full-time positions

23 in the United States; and
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1 (iii) will employ United States citizens in

2 at least 80 percent of the supervisory positions

3 on the project site; and

4 (F) has the existing technical and financial

5 resources in the United States to perform the

6 contract.

7 (2) The term ‘‘qualified United States joint

8 venture person’’ means a joint venture in which a

9 United States person or persons own at least 51 per10 cent of the assets of the joint venture.

11 (3) The term ‘‘responsive bid’’ includes only a

12 bid where the bidder can establish that the United

13 States goods and services content, excluding con14 sulting and management fees, of the bidder’s pro15 posal and the resulting contract will not be less than

16 55 percent of the value of the bidder’s proposal and

17 the resulting total contract.

18 (e) EFFECTIVE DATE.—The provisions of this section

19 shall apply to any project with respect to which the Re20 quest For Proposals (commonly referred to as ‘‘RFP’’) or

21 the Invitation For Bids (commonly referred to as ‘‘IFB’’)

22 was issued after the date of the enactment of this Act.
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1 Subtitle B—Global Internet

2 Freedom

3 SEC. 521. SHORT TITLE.

4 This subtitle may be cited as the ‘‘Global Internet

5 Freedom Act of 2003’’.

6 SEC. 522. FINDINGS.

7 The Congress makes the following findings:

8 (1) Freedom of speech, freedom of the press,

9 and freedom of association are fundamental charac10 teristics of a free society. The first amendment to

11 the Constitution of the United States guarantees

12 that ‘‘Congress shall make no law . . . abridging the

13 freedom of speech, or of the press; or the right of

14 the people peaceably to assemble.’’ These constitu15 tional provisions guarantee the rights of Americans

16 to communicate and associate with one another

17 without restriction, including unfettered communica18 tion and association via the Internet. Article 19 of

19 the United Nation’s Universal Declaration of

20 Human Rights explicitly guarantees the freedom to

21 ‘‘receive and impart information and ideas through

22 any media and regardless of frontiers’’.

23 (2) All people have the right to communicate

24 freely with others, and to have unrestricted access to

25 news and information, on the Internet.
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•HR 1950 EH

1 (3) With nearly 10 percent of the world’s popu2 lation now online, and more gaining access each day,

3 the Internet stands to become the most powerful en4 gine for democratization and the free exchange of

5 ideas ever invented.

6 (4) The governments of Burma, Cuba, Laos,

7 North Korea, the People’s Republic of China, Saudi

8 Arabia, Syria, and Vietnam, among others, are tak9 ing active measures to keep their citizens from freely

10 accessing the Internet and obtaining international

11 political, religious, and economic news and informa12 tion.

13 (5) The Voice of America and Radio Free Asia,

14 as well as hundreds of news sources with an Internet

15 presence, are routinely being jammed by repressive

16 governments.

17 (6) Since the 1940s, the United States has de18 ployed anti-jamming technologies to make Voice of

19 America and other United States Government spon20 sored broadcasting available to people in nations

21 with governments that seek to block news and infor22 mation.

23 (7) The United States Government has thus far

24 commenced only modest steps to fund and deploy

25 technologies to defeat Internet censorship.
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1 (8) The success of United States policy in sup2 port of freedom of speech, press, and association re3 quires continued efforts to defeat totalitarian and

4 authoritarian controls on news and information over

5 the Internet.

6 SEC. 523. PURPOSES.

7 The purposes of this subtitle are—

8 (1) to adopt an effective and robust global

9 Internet freedom policy;

10 (2) to establish an office within the Broad11 casting Board of Governors with the sole mission of

12 countering Internet jamming and blocking by uti13 lizing available anti-jamming technology;

14 (3) to expedite the development and deployment

15 of technology to protect Internet freedom around the

16 world; and

17 (4) to bring to bear the pressure of the free

18 world on repressive governments guilty of Internet

19 censorship and the intimidation and persecution of

20 their citizens who use the Internet.

21 SEC. 524. DEVELOPMENT AND DEPLOYMENT OF TECH22 NOLOGIES TO DEFEAT INTERNET JAMMING

23 AND CENSORSHIP.

24 (a) ESTABLISHMENT OF OFFICE OF GLOBAL INTER25 NET FREEDOM.—The Broadcasting Board of Governors
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•HR 1950 EH

1 shall establish an Office of Global Internet Freedom (here2 inafter in this subtitle referred to as the ‘‘Office’’). The

3 Office shall develop and implement a comprehensive global

4 strategy to combat state-sponsored and state-directed

5 Internet jamming and persecution of those who use the

6 Internet.

7 (b) COOPERATION OF OTHER FEDERAL DEPART8 MENTS AND AGENCIES.—Each department and agency of

9 the United States Government shall cooperate fully with,

10 and assist in the implementation of, the strategy developed

11 by the Office and shall make such resources and informa12 tion available to the Office as is necessary to the achieve13 ment of the purposes of this subtitle.

14 (c) COOPERATION WITH DEPARTMENT OF STATE.—

15 The Office shall assist the Secretary of State in preparing

16 portions of the country reports on human rights practices

17 that address Internet accessibility.

18 (d) REPORT TO CONGRESS.—Nine months after the

19 date of the enactment of this Act, the Broadcasting Board

20 of Governors shall submit to the Congress a report on the

21 status of foreign government interference with Internet

22 use and of efforts by the United States to counter such

23 interference. The report shall list the countries that pur24 sue policies of Internet censorship, blocking, and other

25 abuses; provide information concerning the government
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•HR 1950 EH

1 agencies or quasi-governmental organizations that imple2 ment Internet censorship; and describe with the greatest

3 particularity practicable the technological means by which

4 such blocking and other abuses are accomplished. In the

5 discretion of the Broadcasting Board of Governors, such

6 report may be submitted in both a classified and nonclassi7 fied version. One year after the date of submission of such

8 report, the Office shall submit a second report.

9 (e) LIMITATION ON AUTHORITY.—Nothing in this

10 subtitle shall be interpreted to authorize any action by the

11 United States to interfere with foreign national censorship

12 in furtherance of legitimate law enforcement aims con13 sistent with the Universal Declaration of Human Rights.

14 Subtitle C—Reorganization of

15 United States International

16 Broadcasting

17 SEC. 531. ESTABLISHMENT OF UNITED STATES INTER18 NATIONAL BROADCASTING AGENCY.

19 (a) IN GENERAL.—Section 304 of the United States

20 International Broadcasting Act of 1994 (22 U.S.C. 6203)

21 is amended to read as follows:

22 ‘‘SEC. 304. ESTABLISHMENT OF UNITED STATES INTER23 NATIONAL BROADCASTING AGENCY.

24 ‘‘(a) ESTABLISHMENT.—There is established as an

25 independent agency in the executive branch the United
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•HR 1950 EH

1 States International Broadcasting Agency (hereinafter in

2 this Act referred to as the ‘Agency’).

3 ‘‘(b) BOARD OF GOVERNORS OF THE AGENCY.—

4 ‘‘(1) HEAD OF AGENCY.—The Agency shall be

5 headed by the Board of Governors of the United

6 States International Broadcasting Agency (herein7 after in this Act referred to as the ‘Board of Gov8 ernors’).

9 ‘‘(2) AUTHORITIES AND FUNCTIONS.—The

10 Board of Goverors shall—

11 ‘‘(A) carry out the authorities and func12 tions of the Agency under section 305; and

13 ‘‘(B) be responsible for the exercise of all

14 authorities and powers and the discharge of all

15 duties and functions of the Agency.

16 ‘‘(3) COMPOSITION OF THE BOARD OF GOV17 ERNORS.—

18 ‘‘(A) The Board of Governors shall consist

19 of 9 members, as follows:

20 ‘‘(i) Eight voting members who shall

21 be appointed by the President, by and with

22 the advice and consent of the Senate.

23 ‘‘(ii) The Secretary of State who shall

24 also be a voting member.
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•HR 1950 EH

1 ‘‘(B) The President shall appoint one

2 member (other than the Secretary of State) as

3 Chair of the Board of Governors, subject to the

4 advice and consent of the Senate.

5 ‘‘(C) Exclusive of the Secretary of State,

6 not more than 4 of the members of the Board

7 of Governors appointed by the President shall

8 be of the same political party.

9 ‘‘(4) TERM OF OFFICE.—The term of office of

10 each member of the Board of Governors shall be

11 three years, except that the Secretary of State shall

12 remain a member of the Board of Governors during

13 the Secretary’s term of service. The President shall

14 appoint, by and with the advice and consent of the

15 Senate, board members to fill vacancies occurring

16 prior to the expiration of a term, in which case the

17 members so appointed shall serve for the remainder

18 of such term. Any member whose term has expired

19 may serve until a successor has been appointed and

20 qualified. When there is no Secretary of State, the

21 Acting Secretary of State shall serve as a member

22 of the board until a Secretary is appointed.

23 ‘‘(5) SELECTION OF BOARD OF GOVERNORS.—

24 Members of the Board of Governors appointed by

25 the President shall be citizens of the United States
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1 who are not regular full-time employees of the

2 United States Government. Such members shall be

3 selected by the President from among Americans

4 distinguished in the fields of mass communications,

5 print, broadcast media, or foreign affairs.

6 ‘‘(6) COMPENSATION.—Members of the Board

7 of Governors, while attending meetings of the board

8 or while engaged in duties relating to such meetings

9 or in other activities of the board pursuant to this

10 section (including travel time) shall be entitled to re11 ceive compensation equal to the daily equivalent of

12 the compensation prescribed for level IV of the Ex13 ecutive Schedule under section 5315 of title 5,

14 United States Code. While away from their homes or

15 regular places of business, members of the board

16 may be allowed travel expenses, including per diem

17 in lieu of subsistence, as authorized by law for per18 sons in the Government service employed intermit19 tently. The Secretary of State shall not be entitled

20 to any compensation under this title, but may be al21 lowed travel expenses as provided under this sub22 section.

23 ‘‘(7) DECISIONS.—Decisions of the Board of

24 Governors shall be made by majority vote, a quorum

25 being present. A quorum shall consist of 5 members.
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1 ‘‘(8) IMMUNITY FROM CIVIL LIABILITY.—Not2 withstanding any other provision of law, any and all

3 limitations on liability that apply to the members of

4 the Board of Governors also shall apply to such

5 members when acting in their capacities as members

6 of the boards of directors of RFE/RL, Incorporated

7 and Radio Free Asia.

8 ‘‘(c) DIRECTOR.—

9 ‘‘(1) APPOINTMENT.—The Board of Governors

10 shall appoint a Director of the Agency. The Director

11 shall receive basic pay at the rate payable for level

12 III of the Executive Schedule under section 5314 of

13 title 5, United States Code. The Director may be re14 moved through a majority vote of the Board.

15 ‘‘(2) FUNCTIONS AND DUTIES.—The Director

16 shall have the following functions and duties:

17 ‘‘(A) To exercise the authorities delegated

18 by the Board of Governors pursuant to section

19 305(b).

20 ‘‘(B) To carry out all broadcasting activi21 ties conducted pursuant to this title, the Radio

22 Broadcasting to Cuba Act, and the Television

23 Broadcasting to Cuba Act.

24 ‘‘(C) To examine and make recommenda25 tions to the Board of Governors on long-term
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•HR 1950 EH

1 strategies for the future of international broad2 casting, including the use of new technologies.

3 ‘‘(D) To review engineering activities to

4 ensure that all broadcasting elements receive

5 the highest quality and cost-effective delivery

6 services.

7 ‘‘(E) To procure supplies, services, and

8 other personal property to carry out the func9 tions of the Agency.

10 ‘‘(F) To obligate and expend, for official

11 reception and representation expenses, such

12 amounts as may be made available through ap13 propriations.

14 ‘‘(G) To provide for the use of United

15 States Government transmitter capacity for

16 relay of broadcasting by grantees.

17 ‘‘(H) To procure temporary and intermit18 tent personal services to the same extent as is

19 authorized by section 3109 of title 5, United

20 States Code, at rates not to exceed the daily

21 equivalent of the rate provided for positions

22 classified above grade GS–15 of the General

23 Schedule under section 5108 of title 5, United

24 States Code.
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•HR 1950 EH

1 ‘‘(I) To procure for the Agency, pursuant

2 to section 1535 of title 31, United States Code

3 goods and services from other departments or

4 agencies.

5 ‘‘(J) To the extent funds are available, to

6 lease space and acquire personal property for

7 the Agency.

8 ‘‘(d) INSPECTOR GENERAL AUTHORITIES.—

9 ‘‘(1) IN GENERAL.—The Inspector General of

10 the Department of State shall exercise the same au11 thorities with respect to the Agency as the Inspector

12 General exercises under the Inspector General Act of

13 1978 and section 209 of the Foreign Service Act of

14 1980 with respect to the Department of State.

15 ‘‘(2) RESPECT FOR JOURNALISTIC INTEGRITY

16 OF BROADCASTERS.—The Inspector General of the

17 Department of State and the Foreign Service shall

18 respect the journalistic integrity of all the broad19 casters covered by this title and may not evaluate

20 the philosophical or political perspectives reflected in

21 the content of broadcasts.’’.

22 (b) RETENTION OF EXISTING BOARD MEMBERS.—

23 The members of the Broadcasting Board of Governors ap24 pointed by the President pursuant to section 304 of the

25 United States International Broadcasting Act of 1994 on
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1 the day before the effective date of this title and holding

2 office as of that date may serve the remainder of their

3 terms of office as members of the Board of Governors es4 tablished under section 304(b) of the United States Inter5 national Broadcasting Act of 1994, as amended by sub6 section (a) of this section, without reappointment, or if

7 their term has expired may serve until a successor is ap8 pointed and qualified.

9 SEC. 532. AUTHORITIES AND FUNCTIONS OF THE AGENCY.

10 Section 305 of the United States International

11 Broadcasting Act of 1994 (22 U.S.C. 6204) is amended

12 to read as follows:

13 ‘‘SEC. 305. AUTHORITIES AND FUNCTIONS OF THE AGENCY.

14 ‘‘(a) The Agency shall have the following authorities

15 and functions:

16 ‘‘(1) To supervise all broadcasting activities

17 conducted pursuant to this title, the Radio Broad18 casting to Cuba Act, and the Television Broad19 casting to Cuba Act.

20 ‘‘(2) To review and evaluate the mission and

21 operation of, and to assess the quality, effectiveness,

22 and professional integrity of, all such activities with23 in the context of the broad foreign policy objectives

24 of the United States and the guiding principles and
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•HR 1950 EH

1 doctrines of the United States, particularly freedom

2 and democracy.

3 ‘‘(3) To develop strategic goals after reviewing

4 human rights reporting and other reliable assess5 ments to assist in determining programming and re6 source allocation.

7 ‘‘(4) To ensure that United States international

8 broadcasting is conducted in accordance with the

9 standards and principles contained in section 303.

10 ‘‘(5) To review, evaluate, and determine, at

11 least annually, after consultation with the Secretary

12 of State, the addition or deletion of language serv13 ices.

14 ‘‘(6) To make and supervise grants for broad15 casting and related activities in accordance with sec16 tions 308 and 309.

17 ‘‘(7) To allocate funds appropriated for inter18 national broadcasting activities among the various

19 elements of the Agency and grantees, subject to the

20 limitations in sections 308 and 309 and subject to

21 reprogramming notification requirements in law for

22 the reallocation of funds.

23 ‘‘(8) To undertake such studies as may be nec24 essary to identify areas in which broadcasting activi-
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•HR 1950 EH

1 ties under its authority could be made more efficient

2 and economical.

3 ‘‘(9) To submit to the President and the Con4 gress an annual report which summarizes and evalu5 ates activities under this title, the Radio Broad6 casting to Cuba Act, and the Television Broad7 casting to Cuba Act, placing special emphasis on the

8 assessment described in paragraph (2).

9 ‘‘(10) To make available in the annual report

10 required by paragraph (9) information on funds ex11 pended on administrative and managerial services by

12 the Agency and by grantees and the steps the Agen13 cy has taken to reduce unnecessary overhead costs

14 for each of the broadcasting services.

15 ‘‘(11) To utilize the provisions of titles III, IV,

16 V, VII, VIII, IX, and X of the United States Infor17 mation and Educational Exchange Act of 1948, and

18 section 6 of Reorganization Plan Number 2 of 1977,

19 as in effect on the day before the effective date of

20 title XIII of the Foreign Affairs Agencies Consolida21 tion Act of 1998, to the extent the Director con22 siders necessary in carrying out the provisions and

23 purposes of this title.

24 ‘‘(12) To utilize the authorities of any other

25 statute, reorganization plan, Executive order, regula-
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•HR 1950 EH

1 tion, agreement, determination, or other official doc2 ument or proceeding that had been available to the

3 Director of the United States Information Agency,

4 the Bureau, or the Board before the effective date

5 of title XIII of the Foreign Affairs Consolidation Act

6 of 1998 for carrying out the broadcasting activities

7 covered by this title.

8 ‘‘(b) DELEGATION OF AUTHORITY.—The Board of

9 Governors may delegate to the Director of the Agency, or

10 any other officer or employee of the United States, the

11 authorities provided in this section, except those authori12 ties provided in paragraph (1), (2), (4), (5), (6), (7), or

13 (9) of subsection (a).

14 ‘‘(c) BROADCASTING BUDGETS.—The Director and

15 the grantees identified in sections 308 and 309 shall sub16 mit proposed budgets to the Board. The Board shall for17 ward its recommendations concerning the proposed budget

18 for the Board and broadcasting activities under this title,

19 the Radio Broadcasting to Cuba Act, and the Television

20 Broadcasting to Cuba Act to the Office of Management

21 and Budget.’’.

22 SEC. 533. ROLE OF THE SECRETARY OF STATE.

23 Section 306 of the United States International

24 Broadcasting Act of 1994 (22 U.S.C. 6205) is amended

25 to read as follows:
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1 ‘‘SEC. 306. ROLE OF THE SECRETARY OF STATE.

2 ‘‘To assist the Agency in carrying out its functions,

3 the Secretary of State shall provide such information and

4 guidance on foreign policy and public diplomacy issues to

5 the Agency as the Secretary considers appropriate.’’.

6 SEC. 534. ADMINISTRATIVE PROVISIONS.

7 The United States International Broadcasting Act of

8 1994 is amended by striking section 307 and inserting the

9 following new section:

10 ‘‘SEC. 307. ADMINISTRATIVE PROVISIONS.

11 ‘‘(a) OFFICERS AND EMPLOYEES.—The Board of

12 Governors may appoint and fix the compensation of such

13 officers and employees as may be necessary to carry out

14 the functions of the Agency. Except as otherwise provided

15 by law, such officers and employees shall be appointed in

16 accordance with the civil service laws and their compensa17 tion shall be fixed in accordance with title 5, United States

18 Code.

19 ‘‘(b) EXPERTS AND CONSULTANTS.—The Board of

20 Governors, as may be provided in appropriation Acts, may

21 obtain the services of experts and consultants in accord22 ance with section 3109 of title 5, United States Code, and

23 may compensate such experts and consultants at rates not

24 to exceed the daily rate prescribed for level IV of the Exec25 utive Schedule under section 5315 of title 5, United States

26 Code.
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1 ‘‘(c) ACCEPTANCE OF VOLUNTARY SERVICES.—

2 ‘‘(1) IN GENERAL.—Notwithstanding section

3 1342 of title 31, United States Code, the Board of

4 Governors may accept, subject to regulations issued

5 by the Office of Personnel Management, voluntary

6 services if such services—

7 ‘‘(A) are to be uncompensated; and

8 ‘‘(B) are not used to displace any em9 ployee.

10 ‘‘(2) TREATMENT.—Any individual who pro11 vides voluntary services under this section shall not

12 be considered a Federal employee for any purpose

13 other than for purposes of chapter 81 of title 5,

14 United States Code (relating to compensation for in15 jury) and sections 2671 through 2680 of title 28,

16 United States Code (relating to tort claims).

17 ‘‘(d) DELEGATION.—Except as otherwise provided in

18 this Act, the Board of Governors may delegate any func19 tion to the Director and such other officers and employees

20 of the Agency as the Board of Governors may designate,

21 and may authorize such successive redelegations of such

22 functions within the Agency as may be necessary or appro23 priate.

24 ‘‘(e) CONTRACTS.—
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1 ‘‘(1) IN GENERAL.—Subject to the Federal

2 Property and Administrative Services Act of 1949

3 and other applicable Federal law, the Board of Gov4 ernors may make, enter into, and perform such con5 tracts, grants, leases, cooperative agreements, and

6 other similar transactions with Federal or other pub7 lic agencies (including State and local governments)

8 and private organizations and persons, and to make

9 such payments, by way of advance or reimburse10 ment, as the Board of Governors may determine

11 necessary or appropriate to carry out functions of

12 the Board of Governors or the Agency.

13 ‘‘(2) APPROPRIATION AUTHORITY REQUIRED.—

14 No authority to enter into contracts or to make pay15 ments under this title shall be effective except to

16 such extent or in such amounts as are provided in

17 advance under appropriation Acts.

18 ‘‘(f) REGULATIONS.—The Director may prescribe

19 such rules and regulations as the Board of Governors con20 siders necessary or appropriate to administer and manage

21 the functions of the Agency, in accordance with chapter

22 5 of title 5, United States Code.

23 ‘‘(g) SEAL.—The Director shall cause a seal of office

24 to be made for the Agency of such design as the Board
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1 of Governors shall approve. Judicial notice shall be taken

2 of such seal.’’.

3 SEC. 535. BROADCASTING BOARD OF GOVERNORS AND

4 INTERNATIONAL BROADCASTING BUREAU.

5 The Broadcasting Board of Governors and the Inter6 national Broadcasting Bureau are abolished.

7 SEC. 536. TRANSITION.

8 (a) TRANSFER OF FUNCTIONS.—Except as otherwise

9 provided in this subtitle or an amendment made by this

10 subtitle, all functions that on the day before the effective

11 date specified in section 540 are authorized to be per12 formed by the Broadcasting Board of Governors and the

13 International Broadcasting Bureau and any officer, em14 ployee, or component of such entities, under any statute,

15 reorganization plan, Executive order, or other provision of

16 law, are transferred to the Agency established under this

17 title effective on that date.

18 (b) DETERMINATION OF CERTAIN FUNCTIONS.—If

19 necessary, the Office of Management and Budget shall

20 make any determination of the functions that are trans21 ferred under this title.

22 (c) TRANSITION PROVISIONS.—

23 (1) EXERCISE OF AUTHORITIES.—Except as

24 otherwise provided by law, the Board of Governors

25 may, for purposes of performing a function that is
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1 transferred to the Agency by this title, exercise all

2 authorities under any other provision of law that

3 were available with respect to the performance of

4 that function to the official responsible for the per5 formance of that function on the day before the ef6 fective date specified in section 540.

7 (2) AUTHORITIES TO WIND UP AFFAIRS.—

8 (A) The Director of the Office of Manage9 ment and Budget may take such actions as the

10 Director of the Office of Management and

11 Budget considers necessary to wind up any out12 standing affairs of the Broadcasting Board of

13 Governors and the International Broadcasting

14 Bureau associated with the functions that are

15 transferred pursuant to subsection (a).

16 (B) The Director of the Office of Manage17 ment and Budget may take such actions as the

18 Director of the Office of Management and

19 Budget considers necessary to wind up any out20 standing affairs of the Broadcasting Board of

21 Governors and the International Broadcasting

22 Bureau associated with the functions that are

23 transferred pursuant to subsection (a).

24 (3) TRANSFER OF ASSETS.—Any property,

25 records, unexpended balances of appropriations, allo-
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1 cations, and other funds employed, used, held, avail2 able, or to be made available in connection with a

3 function transferred to the Agency by this Act are

4 transferred on the effective date specified in section

5 540.

6 SEC. 537. CONFORMING AMENDMENTS.

7 (a) UNITED STATES INTERNATIONAL BROAD8 CASTING ACT OF 1994.—The United States International

9 Broadcasting Act of 1994 is amended as follows:

10 (1) Section 308 (22 U.S.C. 6207) is amended—

11 (A) in subsection (a)—

12 (i) by striking ‘‘The Board’’ and in13 serting ‘‘The Agency’’; and

14 (ii) in paragraph (1) by striking

15 ‘‘Broadcasting Board of Governors’’ and

16 inserting ‘‘Board Governors of the Inter17 national Broadcasting Agency’’;

18 (B) in subsection (b)—

19 (i) by striking paragraph (2);

20 (ii) by striking ‘‘(1)’’; and

21 (iii) by striking ‘‘Board’’ both places

22 it appears and inserting ‘‘Agency’’;

23 (C) in subsections (c), (d), (g), (h), and (i)

24 by striking ‘‘Board’’ each place it appears and

25 inserting ‘‘Agency’’;
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1 (D) in subsection (g)(4) by striking ‘‘Inter2 national Broadcasting Bureau’’ and inserting

3 ‘‘Agency’’; and

4 (E) in subsections (i) and (j) by striking

5 ‘‘and the Foreign Service’’ each place it ap6 pears.

7 (2) Section 309 (22 U.S.C. 6208) is amended—

8 (A) in subsection (c)(1) by striking

9 ‘‘Board’’ both places it appears and inserting

10 ‘‘Agency’’;

11 (B) by striking subsection (e);

12 (C) in subsections (f) and (g) by striking

13 ‘‘Board’’ each place it appears and inserting

14 ‘‘Agency’’; and

15 (D) in subsection (g) by striking ‘‘Chair16 man of the Board’’ and inserting ‘‘Agency’’.

17 (3) By striking section 311 (22 U.S.C. 6210).

18 (4) In section 313 (22 U.S.C. 6212) by striking

19 ‘‘Board’’ and inserting ‘‘Agency’’.

20 (5) In section 314 (22 U.S.C. 6213) by striking

21 paragraph (2).

22 (6) By striking section 315.

23 (b) CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY

24 (LIBERTAD) ACT OF 1996.—Section 107 of the Cuban

25 Liberty and Democratic Solidarity (LIBERTAD) Act of
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1 1996 (22 U.S.C. 6037) is amended in subsections (a) and

2 (b) by striking ‘‘International Broadcasting Bureau’’ each

3 place it appears and inserting ‘‘United States Inter4 national Broadcasting Agency’’.

5 (c) RADIO BROADCASTING TO CUBA ACT.—The

6 Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.)

7 is amended as follows:

8 (1) In section 3 (22 U.S.C. 1465a) as follows:

9 (A) In the section heading by striking

10 ‘‘BROADCASTING BOARD OF GOV11 ERNORS’’ and inserting ‘‘UNITED STATES

12 INTERNATIONAL BROADCASTING

13 AGENCY’’.

14 (B) In subsection (a) by striking ‘‘the

15 ‘Board’)’’ and inserting ‘‘the ‘Agency’)’’.

16 (C) In subsections (a), (d), and (f) by

17 striking ‘‘Broadcasting Board of Governors’’

18 and inserting ‘‘United States International

19 Broadcasting Agency’’.

20 (2) In section 4 (22 U.S.C. 1465b) as follows:

21 (A) In the first sentence by striking ‘‘The’’

22 and all that follows through ‘‘Bureau’’ and in23 serting: ‘‘The Board of Governors of the United

24 States International Broadcasting Agency shall

25 establish within the Agency’’.
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1 (B) In the third sentence by striking

2 ‘‘Broadcasting Board of Governors’’ and insert3 ing ‘‘Board of Governors of the United States

4 International Broadcasting Agency’’.

5 (C) In the fourth sentence by striking

6 ‘‘Board of the International Broadcasting Bu7 reau’’ and inserting ‘‘Board of Governors of the

8 United States International Broadcasting Agen9 cy’’.

10 (3) In section 5 (22 U.S.C. 1465c) as follows:

11 (A) In subsection (b) by striking ‘‘Broad12 casting Board of Governors’’ and inserting

13 ‘‘Board of Governors of the United States

14 International Broadcasting Agency’’.

15 (B) By striking ‘‘Board’’ each place it ap16 pears and inserting ‘‘Advisory Board’’.

17 (4) In section 6 (22 U.S.C. 1465d) as follows:

18 (A) In subsection (a) by striking ‘‘Broad19 casting Board of Governors’’ and inserting

20 ‘‘United States International Broadcasting

21 Agency’’ and by striking ‘‘Board’’ and inserting

22 ‘‘Board of Directors of the United States Inter23 national Broadcasting Agency’’.
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•HR 1950 EH

1 (B) In subsection (b) by striking ‘‘Board’’

2 and inserting ‘‘United States International

3 Broadcasting Agency’’.

4 (5) In section 7 (22 U.S.C. 1465e) by striking

5 ‘‘Board’’ in subsections (b) and (d) and inserting

6 ‘‘United States International Broadcasting Agency’’.

7 (6) In section 8(a) (22 U.S.C. 1465f(a)), by

8 striking ‘‘Broadcasting Board of Governors’’ and in9 serting ‘‘United States International Broadcasting

10 Agency’’.

11 (d) TELEVISION BROADCASTING TO CUBA ACT.—

12 The Television Broadcasting to Cuba Act (22 U.S.C.

13 1465aa note) is amended as follows:

14 (1) Section 243(a) (22 U.S.C. 1465bb) is

15 amended by striking ‘‘Broadcasting Board of Gov16 ernors’’ and inserting ‘‘United States International

17 Broadcasting Agency’’.

18 (2) Section 244 (22 U.S.C. 1465cc) is amended

19 as follows:

20 (A) In subsection (a) by amending the

21 third sentence to read as follows: ‘‘The Board

22 of Governors of the United States International

23 Broadcasting Agency shall appoint a head of

24 the Service who shall report directly to the

25 Board of Governors.’’.
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1 (B) In subsection (b) by striking ‘‘Board’’

2 and inserting ‘‘United States International

3 Broadcasting Agency’’.

4 (C) In subsection (c) by striking ‘‘The

5 Board’’ and inserting ‘‘The Agency’’ and by

6 striking ‘‘Board determines’’ and inserting

7 ‘‘Board of Governors of the United States

8 International Broadcasting Agency deter9 mines’’.

10 (3) In section 246 (22 U.S.C. 1465dd) by strik11 ing ‘‘United States Information Agency’’ and insert12 ing ‘‘United States International Broadcasting

13 Agency’’ and by striking ‘‘Board’’ and inserting

14 ‘‘Board of Governors of the United States Inter15 national Broadcasting Agency’’.

16 (e) UNITED STATES INFORMATION AND EDU17 CATIONAL EXCHANGE ACT OF 1948.—The United States

18 Information and Educational Exchange Act of 1948 (22

19 U.S.C. 1431 et seq.) is amended—

20 (1) in section 505 (22 U.S.C. 1464a), by strik21 ing ‘‘Broadcasting Board of Governors’’ each place

22 it appears and inserting ‘‘United States Inter23 national Broadcasting Agency’’; and

24 (2) in section 506(c) (22 U.S.C. 1464b(c))—
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•HR 1950 EH

1 (A) by striking ‘‘Broadcasting Board of

2 Governors’’ and inserting ‘‘United States Inter3 national Broadcasting Agency’’; and

4 (B) by striking ‘‘Board’’ and inserting

5 ‘‘Agency’’.

6 (f) FOREIGN SERVICE ACT OF 1980.—The Foreign

7 Service Act of 1980 (22 U.S.C. 3901 et seq.) is

8 amended—

9 (1) in section 202(a)(1) (22 U.S.C.

10 3922(a)(1)), by striking ‘‘Broadcasting Board of

11 Governors’’ and inserting ‘‘United States Inter12 national Broadcasting Agency’’;

13 (2) in section 210 (22 U.S.C. 3930), by striking

14 ‘‘Broadcasting Board of Governors’’ and inserting

15 ‘‘United States International Broadcasting Agency’’;

16 (3) in section 1003(a) (22 U.S.C. 4103(a)), by

17 striking ‘‘Broadcasting Board of Governors’’ and in18 serting ‘‘United States International Broadcasting

19 Agency’’; and

20 (4) in section 1101(c) (22 U.S.C. 4131(c)), by

21 striking ‘‘Broadcasting Board of Governors,’’ and in22 serting ‘‘the United States International Broad23 casting Agency,’’.
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1 (g) STATE DEPARTMENT BASIC AUTHORITIES ACT

2 OF 1956.—The State Department Basic Authorities Act

3 of 1956 (22 U.S.C. 2651a et seq.) is amended—

4 (1) in section 23(a) (22 U.S.C. 2695(a)), by

5 striking ‘‘Broadcasting Board of Governors,’’ and in6 serting ‘‘United States International Broadcasting

7 Agency,’’;

8 (2) in section 25(f) (22 U.S.C. 2697(f))—

9 (A) by striking ‘‘Broadcasting Board of

10 Governors’’ and inserting ‘‘United States Inter11 national Broadcasting Agency’’; and

12 (B) by striking ‘‘the Board and the Agen13 cy’’ and inserting ‘‘their respective agencies’’;

14 (3) in section 26(b) (22 U.S.C. 2698(b))—

15 (A) by striking ‘Broadcasting Board of

16 Governors,’’ and inserting ‘‘United States Inter17 national Broadcasting Agency’’; and

18 (B) by striking ‘‘the Board and the Agen19 cy’’ and inserting ‘‘their respective agencies’’;

20 and

21 (4) in section 32 (22 U.S.C. 2704), by striking

22 ‘‘Broadcasting Board of Governors’’ and inserting

23 ‘‘United States International Broadcasting Agency’’.

24 (h) TITLE 5, UNITED STATES CODE.—
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1 (1) Section 5314 of title 5, United States Code,

2 is amended by adding at the end the following: ‘‘Di3 rector, United States International Broadcasting

4 Agency.’’.

5 (2) Section 5315 of title 5, United States Code,

6 is amended by striking ‘‘Director of the Inter7 national Broadcasting Bureau.’’.

8 SEC. 538. REFERENCES.

9 Except as otherwise provided in this subtitle or an

10 amendment made by this subtitle, any reference in any

11 statute, reorganization plan, Executive order, regulation,

12 agreement, determination, or other official document or

13 proceeding to the Broadcasting Board of Governors and

14 the International Broadcasting Bureau or any other offi15 cer or employee of the Broadcasting Board of Governors

16 or the International Broadcasting Bureau shall be deemed

17 to refer to the United States International Broadcasting

18 Agency or the Board of Governors of the United States

19 International Broadcasting Agency established under this

20 subtitle.

21 SEC. 539. BROADCASTING STANDARDS.

22 Section 303(a) of the United States International

23 Broadcasting Act of 1994 (22 U.S.C. 6202(a)) is

24 amended—

25 (1) in paragraph (6) by striking ‘‘and’’;
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1 (2) in paragraph (8) by striking the period and

2 inserting ‘‘; and’’; and

3 (3) by adding after paragraph (8) the following

4 new paragraph:

5 ‘‘(9) seek to ensure that resources are allocated

6 to broadcasts directed at people whose governments

7 deny freedom of expression or who are otherwise in

8 special need of honest and professional broadcasting,

9 commensurate with the need for such broadcasts.’’.

10 SEC. 540. EFFECTIVE DATE.

11 Except as otherwise provided, this subtitle and the

12 amendments made by this subtitle shall take effect on the

13 last day of the 6-month period beginning on the date of

14 the enactment of this Act.

15 TITLE VI—INTERNATIONAL

16 FREE MEDIA ACT OF 2003

17 SEC. 601. SHORT TITLE.

18 This title may be cited as the ‘‘International Free

19 Media Act of 2003’’.

20 SEC. 602. DEFINITIONS.

21 In this title, the term ‘‘free media’’ means individuals

22 or organizations engaged in the gathering and distribution

23 of news and information free of direct or indirect govern24 mental control.
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1 SEC. 603. FINDINGS.

2 The Congress makes the following findings:

3 (1) Freedom of speech and freedom of the press

4 are fundamental human rights enshrined in inter5 national law.

6 (2) The United States has a national interest in

7 promoting these freedoms by supporting free media

8 abroad, which is essential to the development of free

9 and democratic societies consistent with our own.

10 (3) Free media is undermined, endangered, or

11 nonexistent in many repressive and transitional soci12 eties around the world, including in Eurasia, Africa,

13 and the Middle East.

14 (4) Free media is suppressed by foreign govern15 ments by a variety of means, including state censor16 ship, legal restriction, financial pressure, and phys17 ical intimidation.

18 (5) Unprofessional and unethical media that

19 violate widely accepted standards of professional

20 journalism and editorial practice compromises the

21 ability of a free media to contribute to open, fair,

22 and constructive democratic debate.

23 (6) Unprofessional and unethical media in24 cludes media that violate the standards set in the

25 International Covenant on Civil and Political Rights,

26 which includes article 20, section 2 of the Covenant
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1 which states that ‘‘Any advocacy of national, racial,

2 or religious hatred that constitutes incitement to dis3 crimination, hostility, or violence shall be prohibited

4 by law.’’.

5 (7) Individuals lacking access to a plurality of

6 free media are vulnerable to misinformation and

7 propaganda and are potentially more likely to adopt

8 anti-American views.

9 (8) Foreign governments have a responsibility

10 to actively and publicly discourage and rebut unpro11 fessional and unethical media while respecting jour12 nalistic integrity and editorial independence.

13 (9) Past and continuing United States Govern14 ment efforts to promote free media through training

15 and technical support have advanced United States

16 national interests by contributing to the promotion

17 of human rights and democracy worldwide.

18 (10) Support for free media must be an integral

19 part of United States foreign policy, including public

20 diplomacy and United States international broad21 casting, and should be coordinated across govern22 ment agencies and with international, bilateral, and

23 private donor organizations toward achieving the

24 shared goal of developing professional, ethical, diver-
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1 sified, sustainable, independent, indigenous media

2 worldwide.

3 SEC. 604. STATEMENTS OF POLICY.

4 It shall be the policy of the United States, acting

5 through the Secretary of State, to—

6 (1) make the promotion of press freedoms and

7 free media worldwide a priority of United States for8 eign policy and an integral component of United

9 States public diplomacy;

10 (2) respect the journalistic integrity and edi11 torial independence of free media worldwide;

12 (3) use widely accepted standards for profes13 sional and ethical journalistic and editorial practices

14 in assessing international media; and

15 (4) discourage incitement to discrimination,

16 hostility, or violence, based on nationality, race, or

17 religion, as described in article 20, section 2, of the

18 International Covenant on Civil and Political Rights,

19 and develop a strategy to respond to it.

20 SEC. 605. COORDINATOR FOR INTERNATIONAL FREE

21 MEDIA.

22 (a) ESTABLISHMENT.—There is established within

23 the Department of State a Coordinator for International

24 Free Media (in this section referred to as the ‘‘Coordi-
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1 nator’’). At the discretion of the President another official

2 at the Department of State may serve as the Coordinator.

3 (b) APPOINTMENT OF COORDINATOR.—The Coordi4 nator shall be appointed by the President, by and with

5 the advice and consent of the Senate.

6 (c) DUTIES.—The principal duties of the Coordinator

7 shall be the promotion of international press freedoms and

8 free media by—

9 (1) coordinating United States government poli10 cies, programs, and projects concerning international

11 press freedoms and free media;

12 (2) in consultation with appropriate agencies of

13 the United States Government and national and

14 international organizations, monitoring and assess15 ing the status of free media and government con16 trolled sources of information, including for incite17 ment of national, racial, or religious hatred that con18 stitutes incitement to discrimination, hostility, or vi19 olence, as described in article 20 of the International

20 Covenant on Civil and Political Rights;

21 (3) promoting widely accepted standards of pro22 fessional and ethical journalism and editorial prac23 tices;

24 (4) discouraging media and government con25 trolled sources of information from advocating na-
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1 tional, racial, or religious hatred that constitutes in2 citement to discrimination, hostility, or violence con3 sistent with article 20, section 2 of the International

4 Covenant on Civil and Political Rights;

5 (5) reporting foreign media that advocates na6 tional, racial, or religious hatred that constitutes in7 citement to discrimination, hostility, or violence con8 sistent with article 20, section 2, of the International

9 Covenant on Civil and Political Rights and making

10 available to the public and to the United States

11 Agency for International Broadcasting translations

12 of such media to the extent practicable;

13 (6) promoting the journalistic integrity and edi14 torial independence of free media worldwide;

15 (7) advising the President and the Secretary of

16 State regarding matters of international press free17 doms and free media;

18 (8) representing the United States in matters

19 and cases relevant to international press freedoms

20 and free media;

21 (9) assisting the Secretary of State in preparing

22 the portions of the Department of State country re23 ports on human rights that relate to international

24 press freedoms and free media and incitement to

25 acts of discrimination;
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1 (10) consulting with the Broadcasting Board of

2 Governors and the United States Agency for Inter3 national Development for the purpose of promoting

4 free media through training of international journal5 ists, producers, editors, and media managers; and

6 (11) administering the International Free

7 Media Fund (established in section 607) in consulta8 tion with the United States Advisory Commission on

9 Public Diplomacy and International Media.

10 (d) ASSESSMENT FACTORS.—In making an assess11 ment of media within individual countries pursuant to sub12 section (c)(2), the Coordinator shall take into account—

13 (1) the number and diversity of media;

14 (2) access to and consumption of media by pop15 ulations;

16 (3) the extent of direct or indirect government

17 ownership, control, or censorship of media outlets;

18 (4) the financial viability and profitability of

19 free media;

20 (5) the extent to which journalists, editors, and

21 media managers adhere to widely accepted standards

22 for professional and ethical journalism;

23 (6) domestic laws addressing press freedoms;

24 (7) instances in which the media and govern25 ment-controlled sources of information have incited
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1 discrimination, hostility, or violence consistent with

2 article 20, section 2 of the International Covenant

3 on Civil and Political Rights;

4 (8) physical threats, intimidation or inappro5 priate pressure by government on free media;

6 (9) the number of journalists, editors, pro7 ducers, and media managers receiving training from

8 programs of the Department of State, the Broad9 casting Board of Governors, grantees of the United

10 States Agency for International Development, or

11 other organizations qualified to provide such train12 ing; and

13 (10) the activity of local and international non14 governmental organizations promoting press free15 doms and free media and obstacles to their activity.

16 (e) CONSULTATION REQUIREMENT.—The Coordi17 nator shall consult with United States public affairs offi18 cers and other United States foreign mission personnel di19 rectly engaged in interacting with indigenous media in car20 rying out the duties specified in subsection (c).

21 (f) DETERMINATION.—The Coordinator shall deter22 mine, and annually report to the appropriate congressional

23 committees, whether there is a pattern of government-con24 trolled information that constitutes incitement (as de25 scribed in article 20 of the International Covenant on Civil
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1 and Political Rights) and that endangers United States

2 citizens or nationals, impairs relations between the United

3 States and the foreign government, or constitutes incite4 ment to national, racial, or religious discrimination, hos5 tility, or violence. The Coordinator shall specify the gov6 ernments engaged in such practices and examples of such

7 incitement and propaganda.

8 (g) FUNDING.—The Secretary of State shall ensure

9 that the Coordinator has adequate staff and funding for

10 the conduct of investigations, the administration of the

11 International Free Media Fund, necessary travel, and

12 other activities necessary to carry out the provisions of

13 this section.

14 SEC. 606. UNITED STATES ADVISORY COMMISSION ON PUB15 LIC DIPLOMACY AND INTERNATIONAL

16 MEDIA.

17 (a) ESTABLISHMENT.—Section 604(a)(1) of the

18 United States Information and Educational Exchange Act

19 of 1948 (22 U.S.C. 1469) is amended to read as follows:

20 ‘‘(1) There is established an advisory commis21 sion to be known as the United States Advisory

22 Commission on Public Diplomacy and International

23 Media.’’.

24 (b) DUTIES AND RESPONSIBILITIES.—Section 604(c)

25 of the United States Information and Exchange Act of
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1 1948 (22 U.S.C. 1469) is amended by adding at the end

2 the following:

3 ‘‘(5) The Commission shall—

4 ‘‘(A) advise the Coordinator for Inter5 national Free Media on issues relating to the

6 promotion of international press freedoms and

7 free media;

8 ‘‘(B) assist the Coordinator for Inter9 national Free Media in monitoring and assess10 ing the status of free media worldwide;

11 ‘‘(C) consult with the Coordinator on the

12 administration of the International Free Media

13 Fund; and

14 ‘‘(D) make policy recommendations to the

15 President, the Secretary of State, and Congress

16 with respect to matters involving international

17 press freedoms and free media.’’.

18 (c) REFERENCES.—Except as otherwise provided in

19 this section or an amendment made by this section, any

20 reference in any statute, reorganization plan, Executive

21 order, regulation, agreement, determination, or other offi22 cial document or proceeding to the United States Advisory

23 Commission on Public Diplomacy or any other officer or

24 employee of the United States Advisory Commission on

25 Public Diplomacy shall be deemed to refer to the United
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1 States Advisory Commission on Public Diplomacy and

2 International Media established under this section.

3 SEC. 607. INTERNATIONAL FREE MEDIA FUND.

4 (a) ESTABLISHMENT.—There is established an Inter5 national Free Media Fund (in this section referred to as

6 the ‘‘Fund’’) at the Department of State.

7 (b) PURPOSES.—The purposes of the Fund shall

8 be—

9 (1) to promote the development of free and

10 independent media worldwide which adhere to widely

11 accepted standards of professional and ethical jour12 nalism and editorial practice; and

13 (2) to complement current efforts by the De14 partment of State, the United States Agency for

15 International Development, the Broadcasting Board

16 of Governors, and other agencies of the United

17 States Government to support free and independent

18 media worldwide.

19 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi20 tion to amounts otherwise authorized to be appropriated

21 to carry out the purposes specified in subsection (b), there

22 is authorized to be appropriated to the Fund $15,000,000

23 for fiscal year 2004. Such amounts are authorized to re24 main available until expended.
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1 (d) NONAPPLICABILITY OF OTHER LAWS.—Notwith2 standing any other provision of law, funds appropriated

3 pursuant to subsection (c) may be used for the purposes

4 of this section.

5 (e) ADMINISTRATION.—

6 (1) The Fund shall be administered by the Co7 ordinator in consultation with the Commission.

8 (2) Activities and assistance financed through

9 the Fund may be carried out through grants, con10 tracts, technical assistance, and material support.

11 (f) ELIGIBLE ORGANIZATIONS, PROGRAMS, AND

12 PROJECTS.—Amounts in the Fund may be used to carry

13 out activities and provide assistance only for organiza14 tions, programs, and projects consistent with the purposes

15 set forth in subsection (b).

16 (g) PROHIBITIONS.—Amounts in the Fund shall not

17 be used to carry out activities or provide assistance to or18 ganizations, programs, or projects which advocate na19 tional, racial, or religious hatred that incites discrimina20 tion, hostility, or violence consistent with article 20, sec21 tion 2 of the International Covenant on Civil and Political

22 Rights.

23 (h) ASSISTANCE CRITERIA.—In administering the

24 Fund, the Coordinator shall take into account—
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1 (1) the importance of providing assistance to

2 organizations, programs, and projects based on their

3 proven or potential contribution to the development

4 of a free media environment worldwide;

5 (2) the importance of enabling free media to be6 come commercially viable and financially inde7 pendent in the long term; and

8 (3) the importance of providing media per9 sonnel whose organizations, programs, or projects

10 receive assistance under this section for training in

11 professional and ethical journalism, editorial prac12 tices, and media management by the Department of

13 State, the Broadcasting Board of Governors, United

14 States Agency for International Development grant15 ees, or other organizations qualified to provide such

16 training.

17 (i) ANNUAL REPORTS.—Not later than January 31,

18 of 2005 and in each subsequent year, the Coordinator

19 shall publish an annual report on the activities of the

20 Fund, which shall include a comprehensive and detailed

21 description of the operations, activities, financial condi22 tion, and accomplishments under this section for the pre23 ceding fiscal year. The reports shall also include an assess24 ment of whether the Fund should also provide loans and
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1 guarantees as an additional means to carry out the pur2 poses of this title.

3 (j) CONSULTATION REQUIREMENTS.—

4 (1) The Coordinator shall consult with the

5 State Department official primarily responsible for

6 developing and implementing United States policy

7 with respect to a country prior to carrying out ac8 tivities or providing assistance for such country

9 through the Fund.

10 (2) Amounts in the Fund shall be used to carry

11 out activities or provide assistance on the basis of

12 consultations among all relevant United States Gov13 ernment agencies operating in the country and with

14 the approval of the chief of mission.

15 SEC. 608. FREE MEDIA PROMOTION ACTIVITY OF THE

16 BROADCASTING BOARD OF GOVERNORS.

17 (a) IN GENERAL.—The Broadcasting Board of Gov18 ernors shall make support for indigenous free media an

19 integral part of its mission.

20 (b) AFFILIATES.—The Broadcasting Board of Gov21 ernors shall submit a report to the appropriate congres22 sional committees on the prospects and strategy for culti23 vating affiliate relationships with free media in countries

24 targeted for United States international broadcasting.
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1 (c) TRAINING.—The Broadcasting Board of Gov2 ernors shall enhance foreign journalist training programs

3 in coordination with existing training programs adminis4 tered by the Department of State and the United States

5 Agency for International Development.

6 (d) AUTHORIZATION FOR APPROPRIATIONS.—In ad7 dition to amounts otherwise authorized to be appropriated,

8 there is authorized to be appropriated $2,500,000 for the

9 fiscal year 2004 and $2,500,000 for the fiscal year 2005

10 to support free media in countries in which the Broad11 casting Board of Governors is decreasing or discontinuing

12 United States international broadcasting activity.

13 TITLE VII—MISCELLANEOUS

14 PROVISIONS

15 Subtitle A—Reporting

16 Requirements

17 SEC. 702. REPORTS TO COMMITTEE ON INTERNATIONAL

18 RELATIONS.

19 Notwithstanding any other provision of law, for the

20 fiscal years 2004 and 2005, any report required by law

21 or otherwise requested to be submitted by the Secretary

22 of State or the Department of State to any committee of

23 the Congress shall be submitted also to the Committee on

24 International Relations of the House of Representatives.
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1 SEC. 702. REPORTS CONCERNING THE CAPTURE AND PROS2 ECUTION OF PARAMILITARY AND OTHER

3 TERRORIST LEADERS IN COLOMBIA.

4 (a) FINDINGS.—The Congress makes the following

5 findings:

6 (1) As reported in the Department of State re7 port Patterns of Global Terrorism 2001, the United

8 Self-Defense Forces of Colombia (also referred to as

9 ‘‘AUC’’ or ‘‘paramilitaries’’) have been designated as

10 a foreign terrorist organization by the United States

11 primarily because of their increasing reliance on ter12 rorist methods, such as the use of massacres, to pur13 posefully displace segments of the population as re14 taliation for allegedly supporting the AUC’s rival or15 ganizations, the Revolutionary Armed Forces of Co16 lombia (FARC) and the National Liberation Army

17 (ELN) of Colombia. According to the report, the

18 paramilitaries also use terrorist tactics to compete

19 for narcotics-trafficking corridors and prime coca20 growing terrain.

21 (2) The Department of State concluded in the

22 2001 Country Report on Human Rights Practices

23 that despite increased efforts by the Government of

24 Colombia to combat and capture members of para25 military groups, security forces sometimes illegally

26 collaborate with paramilitaries forces and often fail
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1 to take action to prevent paramilitary attacks which

2 lead to serious abuses of human rights.

3 (3) In September 2002, Amnesty International,

4 Human Rights Watch, and the Washington Office

5 on Latin America released a report which argued

6 that the Colombian Government had not made sub7 stantial progress toward suspending officers impli8 cated in human rights abuses, conducting effective

9 judicial investigations of such abuses, or breaking

10 the persistent links between some units of the Co11 lombian military and paramilitary groups.

12 (4) In February 2003, the United Nations High

13 Commissioner for Human Rights in Colombia re14 ported that some units of the Colombian Security

15 Forces continued to collude openly with illegal para16 military groups in operations which resulted in viola17 tions of human rights.

18 (5) The Consolidated Appropriations Resolu19 tion, 2003 (Public Law 108–7) made available not

20 less than $5,000,000 to support a Colombian Armed

21 Forces unit which is dedicated to apprehending lead22 ers of Colombian paramilitary organizations.

23 (b) REPORTS TO CONGRESS.—Not later than 30 days

24 after the date of enactment of this Act, and every 180

25 days thereafter, the Secretary of State, after consulting
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1 with internationally recognized human rights organiza2 tions pursuant to the procedures required in section

3 564(b) of the Consolidated Appropriations Resolution,

4 2003, shall submit a report, in unclassified form (with a

5 classified annex if necessary), on the specific measures

6 that the Colombian authorities are taking to apprehend

7 effectively and prosecute aggressively leaders of para8 military organizations, to the Committee on International

9 Relations of the House of Representatives and the Com10 mittee on Foreign Relations of the Senate.

11 (c) CONTENTS OF REPORTS.—Each report submitted

12 pursuant to subsection (b) shall—

13 (1) identify which Colombian Armed Forces

14 units are receiving assistance to apprehend leaders

15 of Colombian paramilitary organizations;

16 (2) describe the amount and purposes of such

17 assistance;

18 (3) describe operations by Colombian security

19 forces to apprehend and arrest leaders of Colombian

20 paramilitary organizations;

21 (4) list the number of detentions, captures, and

22 arrests of leaders of Colombian paramilitary organi23 zations, disaggregating the number according to

24 those detentions, captures, and arrests which were
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1 carried out by Colombian security forces identified

2 under paragraph (1);

3 (5) briefly describe the status of investigations

4 and prosecutions of cases by the Colombian Attorney

5 General’s office involving the arrests of leaders of

6 Colombian paramilitary organizations; and

7 (6) estimate the number of hours of use by the

8 Colombian military of helicopters provided by the

9 United States under Plan Colombia and successor

10 programs to apprehend the leaders of Colombian

11 paramilitary organizations, as well as leaders of the

12 FARC and ELN, including those individuals who

13 have United States indictments pending against

14 them.

15 SEC. 703. REPORTS RELATING TO MAGEN DAVID ADOM SO16 CIETY.

17 (a) FINDINGS.—Section 690(a) of the Foreign Rela18 tions Authorization Act, Fiscal Year 2003 (Public Law

19 107–228) is amended by adding at the end the following:

20 ‘‘(5) Since the founding of the Magen David

21 Adom in 1930, the American Red Cross has re22 garded it as a sister national society forging close

23 working ties between the two societies and has con24 sistently advocated recognition and membership of
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1 the Magen David Adom in the International Red

2 Cross and Red Crescent Movement.

3 ‘‘(6) The American Red Cross and Magen

4 David Adom signed an important memorandum of

5 understanding in November 2002, outlining areas

6 for strategic collaboration, and the American Red

7 Cross will encourage other societies to establish simi8 lar agreements with Magen David Adom.’’.

9 (b) SENSE OF CONGRESS.—Section 690(b) of such

10 Act is amended—

11 (1) in paragraph (3) after the semicolon by

12 striking ‘‘and’’;

13 (2) by redesignating paragraph (4) as para14 graph (5); and

15 (3) by inserting after paragraph (3) the fol16 lowing new paragraph:

17 ‘‘(4) the High Contracting Parties to the Gene18 va Conventions of August 12, 1949, should adopt

19 the October 12, 2000, draft additional protocol

20 which would accord international recognition to an

21 additional distinctive emblem; and’’.

22 (c) REPORT.—Section 690 of such Act is further

23 amended by adding at the end the following:

24 ‘‘(c) REPORT.—Not later than 60 days after the date

25 of the enactment of the Foreign Relations Authorization
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1 Act, Fiscal Years 2004 and 2005 and annually thereafter,

2 the Secretary of State shall submit a report, on a classified

3 basis if necessary, to the appropriate congressional com4 mittees describing—

5 ‘‘(1) efforts by the United States to obtain full

6 membership for the Magen David Adom in the

7 International Red Cross Movement;

8 ‘‘(2) efforts by the International Committee of

9 the Red Cross to obtain full membership for the

10 Magen David Adom in the International Red Cross

11 Movement;

12 ‘‘(3) efforts of the High Contracting Parties to

13 the Geneva Convention of 1949 to adopt the October

14 12, 2000, draft additional protocol; and

15 ‘‘(4) the extent to which the Magen David

16 Adom of Israel is participating in the activities of

17 the International Red Cross and Red Crescent Move18 ment.’’.

19 SEC. 704. REPORT CONCERNING THE RETURN OF POR20 TRAITS OF HOLOCAUST VICTIMS TO THE

21 ARTIST DINA BABBITT.

22 (a) FINDINGS.—The Congress makes the following

23 findings:

24 (1) Dina Babbitt (formerly known as Dinah

25 Gottliebova), a United States citizen, has requested
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1 the return of watercolor portraits she painted while

2 suffering a one and one-half year long internment at

3 the Auschwitz death camp during World War II,

4 where she was ordered to paint portraits by the infa5 mous war criminal Dr. Josef Mengele.

6 (2) Congress has previously considered the

7 issue, under the Foreign Relations Authorization

8 Act, Fiscal Year 2003 (Public Law 107–228), and

9 urged the Administration to facilitate the return of

10 the paintings to Dina Babbitt.

11 (3) The Administration has not yet reported

12 any progress in furthering this goal, nor has the

13 Secretary reported on the status of any negotiations

14 held with the intent of furthering this goal.

15 (b) SENSE OF CONGRESS.—The Congress—

16 (1) continues to recognize the moral right of

17 Dina Babbitt to obtain the artwork she created, and

18 recognizes her courage in the face of the evils per19 petrated by the Nazi command of the Auschwitz20 Birkenau death camp, including the atrocities com21 mitted by Dr. Josef Mengele;

22 (2) urges the President of the United States to

23 make all necessary efforts to retrieve the 7 water24 color portraits painted by Dina Babbitt, during her

25 internment at the Auschwitz death camp; and
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1 (3) urges the Secretary of State to make imme2 diate diplomatic efforts to facilitate the transfer of

3 the 7 original watercolors painted by Dina Babbitt

4 from the Auschwitz-Birkenau State Museum to Dina

5 Babbitt, their rightful owner.

6 (c) REPORTING REQUIREMENT.—Not later than 180

7 days after the date of the enactment of this Act, the Sec8 retary of State shall submit a report to the appropriate

9 congressional committees, describing all diplomatic efforts

10 the United States has taken to facilitate the return of the

11 paintings referred to in this section to Dina Babbitt.

12 SEC. 705. REPORT TO CONGRESS ON USE OF VESTED AS13 SETS.

14 Section 203(a) of the International Emergency Eco15 nomic Powers Act (50 U.S.C. 1702(a)) is amended—

16 (1) in subparagraph (C), by inserting ‘‘, subject

17 to paragraph (4),’’ after ‘‘such interest or property

18 shall’’; and

19 (2) by adding at the end the following:

20 ‘‘(4) The authority under paragraph (1)(C) to use

21 property that has been vested or to use assets that have

22 been liquidated may not be exercised until 15 days after

23 the President has notified the Committee on International

24 Relations of the House of Representatives and the Com25 mittee on Foreign Relations of the Senate of the purpose
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1 for which such vested property or liquidated assets will

2 be so used.’’.

3 SEC. 706. REPORT CONCERNING THE CONFLICT IN UGAN4 DA.

5 (a) SENSE OF CONGRESS.—It is the sense of the Con6 gress that the United States should—

7 (1) exhaust all diplomatic means and pressures,

8 including the creation of a United States role in ne9 gotiating humanitarian access to hitherto inacces10 sible populations which would offer an opportunity

11 to bring the warring parties together to build con12 fidence, to support an immediate peaceful resolution

13 to the 16-year old conflict in Northern Uganda that

14 has—

15 (A) killed an estimated 23,000 people, in16 cluding 12,000 civilians,

17 (B) resulted in the forced abduction, sex18 ual servitude, and armed recruitment of be19 tween 16,000 to 26,000 Ugandan children by

20 the Lord’s Resistance Army, a renegade army

21 that has in the past sought refuge in southern

22 Sudan and raided villages in northern Uganda,

23 (C) displaced over 800,000 Ugandan citi24 zens and Sudanese refugees,
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1 (D) resulted in the death and abduction of

2 humanitarian aid workers, and

3 (E) gravely inhibited the delivery of emer4 gency assistance and food aid to nearly 1 mil5 lion northern Ugandan civilians dependent on

6 such assistance for survival;

7 (2) urge rebel forces to stop the abduction of

8 children, urge all forces to stop the use of child sol9 diers, and seek the release of all forcibly-held chil10 dren;

11 (3) make available technical assistance re12 sources to seek, track, and stop funding for the

13 Lord’s Resistance Army (LRA) from all sources and

14 condemn all governments and organizations who do

15 assist the LRA;

16 (4) monitor and support negotiations conducted

17 by third-party institutions for an immediate cease18 fire between the LRA and the Ugandan Govern19 ment, and to explore the possibility of facilitating

20 the creation of mechanisms for an international

21 monitoring team to enforce this cease-fire as the

22 first step in the process toward a permanent peace;

23 (5) continue supporting the Sudan Peace Proc24 ess and Danforth Initiative, which includes peace

25 talks, donor coordination, regional support, civilian
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1 protection and monitoring, and cease-fire verification

2 and consider modeling aspects of this process in

3 northern Uganda;

4 (6) make available sufficient resources to meet

5 the immediate relief of the towns and cities sup6 porting large displaced populations, including food,

7 clean water, medicine, shelter, and clothing;

8 (7) make available increased resources for as9 sistance to released and returned abducted children

10 and child soldiers and ensure that amnesty is pro11 vided when appropriate;

12 (8) work with other donors and the Ugandan

13 Government to increase resources and technical sup14 port to the Uganda Amnesty Commission for the in15 creased demobilization of rebel combatants;

16 (9) examine ways in which development assist17 ance can help those living in protective villages in

18 northern Uganda return to and cultivate farmland;

19 and

20 (10) condition military assistance to Uganda on

21 its international compliance with sustained troop

22 withdrawals from the Democratic Republic of Congo

23 where the presence of Ugandan armies has contrib24 uted to the violence and instability in the region.
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1 (b) REPORTS TO CONGRESS.—Not later than 180

2 days after the date of the enactment of this Act, and not

3 later than April 1 of each subsequent year, the Secretary

4 shall submit to the appropriate congressional committees

5 a report on the comprehensive actions of the United States

6 in seeking a peaceful and immediate solution to conflict

7 in northern Uganda as well as humanitarian assistance

8 efforts to the region, including efforts to advance each

9 area addressed in subsection (a).

10 SEC. 707. REQUIREMENT FOR REPORT ON UNITED STATES

11 POLICY TOWARD HAITI.

12 (a) FINDINGS.—Congress makes the following find13 ings:

14 (1) The United States has a political and eco15 nomic interest and a humanitarian and moral re16 sponsibility in assisting the Government and people

17 of Haiti in resolving the country’s problems and

18 challenges.

19 (2) The situation in Haiti is increasingly cause

20 for alarm and concern, and a sustained, coherent,

21 and active approach by the United States Govern22 ment is needed to make progress toward resolving

23 Haiti’s political and economic crises.

24 (b) REQUIREMENT FOR REPORT.—Not later than 60

25 days after the date of enactment of this Act, the Sec-
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1 retary, in consultation with the Secretary of the Treasury,

2 shall submit to the appropriate congressional committees

3 a report that describes United States policy toward Haiti.

4 The report shall include the following:

5 (1) A description of the activities carried out by

6 the United States Government to resolve Haiti’s po7 litical crisis and to promote the holding of free and

8 fair elections in Haiti at the earliest possible date.

9 (2) A description of the activities that the

10 United States Government anticipates initiating to

11 resolve the political crisis and promote free and fair

12 elections in Haiti.

13 (3) An assessment of whether Resolution 822

14 issued by the Permanent Council of the Organiza15 tion of American States on September 4, 2002, is an

16 appropriate framework for a multilateral approach

17 to resolving the political and economic crises in

18 Haiti.

19 (4) A description of the status of efforts to re20 lease the approximately $146,000,000 in loan funds

21 that have been approved by the Inter-American De22 velopment Bank to Haiti for the purposes of reha23 bilitating rural roads, reorganizing the health sector,

24 improving potable water supply and sanitation, and

25 providing basic education, a description of any ob-
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1 stacles that are delaying the release of the loan

2 funds, and recommendations for overcoming such

3 obstacles, including whether any of the following

4 would facilitate the release of such funds:

5 (A) Establishing an International Mone6 tary Fund staff monitoring program in Haiti.

7 (B) Obtaining bridge loans or other

8 sources of funding to pay the cost of any ar9 rears owed by the Government of Haiti to the

10 Inter-American Development Bank.

11 (C) Providing technical assistance to the

12 Government of Haiti to permit the Government

13 to meet international financial transparency

14 and other requirements.

15 SEC. 708. REPORT ON THE EFFECTS OF PLAN COLOMBIA

16 ON ECUADOR.

17 (a) FINDINGS.—The Congress makes the following

18 findings:

19 (1) Section 695 of the Foreign Relations Au20 thorization Act, Fiscal Year 2003 (Public Law 107–

21 228) required the Secretary of State to submit a re22 port to Congress on the impact of Plan Colombia on

23 Ecuador and the other adjacent countries to Colom24 bia within 150 days after the date of the enactment

25 of that Act.
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1 (2) The 150 day time period for the submission

2 of such report has lapsed without a report being

3 submitted to the Congress.

4 (3) There continues to be growing alarm con5 cerning the spillover effect of Plan Colombia on Ec6 uador, a frontline state, especially in the northern

7 region of Ecuador which includes the Sucumbios

8 province.

9 (b) REPORT TO CONGRESS.—Not later than 30 days

10 after the date of the enactment of this Act, the Secretary

11 of State shall submit a report to the appropriate congres12 sional committees which sets forth—

13 (A) a statement of policy and comprehen14 sive strategy for United States activities in Co15 lombia related to the impact of Plan Colombia

16 on Ecuador and the other adjacent countries to

17 Colombia; and

18 (B) the reasons for the failure of the De19 partment of State to submit the report required

20 by section 695 of Public Law 107–228 within

21 the time period mandated by law.

22 SEC. 709. REPORT ON ACTIONS TAKEN BY PAKISTAN.

23 For each of fiscal years 2004 and 2005, the President

24 shall prepare and transmit to the appropriate congres-
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1 sional committees a report that contains a description of

2 the extent to which the Government of Pakistan—

3 (1) has closed all known terrorist training

4 camps operating in Pakistan and Pakistani-held

5 Kashmir;

6 (2) has established serious and identifiable

7 measures to prohibit the infiltration of Islamic ex8 tremists across the ‘‘Line of Control’’ (LoC) into

9 India; and

10 (3) has ceased the transfer of weapons of mass

11 destruction, including any associated technologies, to

12 any third country or terrorist organization.

13 SEC. 710. REPORT ON DEMOCRACY IN THE WESTERN HEMI14 SPHERE.

15 (a) FINDINGS.—Congress finds the following:

16 (1) Although 34 out of 35 countries in the

17 Western Hemisphere have held elections for civilian

18 leaders of national, regional, and local governments,

19 many of these countries have failed to successfully

20 develop independent democratic institutions, trans21 parent and accountable governance, and effective

22 means of guaranteeing the rule of law, which are key

23 components of a fully functioning democracy.

24 (2) The rule of law, independent democratic in25 stitutions, and transparent, accountable governance
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1 are essential for guaranteeing human rights, espe2 cially civil, political, and labor rights.

3 (3) The rule of law, independent democratic in4 stitutions, and transparent accountable governance

5 are also necessary for promoting successful economic

6 development and reliable trading and investment

7 mechanisms.

8 (4) In part because of the lack of these three

9 factors, progress on human rights and economic de10 velopment has lagged or been uneven in much of the

11 Western Hemisphere, leading some to question the

12 benefits of democracy itself as a path for improving

13 the lives of individuals in the hemisphere.

14 (5) For democracy to continue in many of these

15 countries, for human rights to improve, and for re16 gional economic integration to be successful, the rule

17 of law, independent democratic institutions, and

18 transparent accountable governance must be

19 strengthened.

20 (6) As a strong supporter of democracy and

21 human rights and as an advocate of regional eco22 nomic integration, it is in the interests of the United

23 States to enhance its efforts to promote a deepening

24 of democracy in the Western Hemisphere, particu25 larly through strengthening the rule of law, inde-
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1 pendent democratic institutions, and transparent ac2 countable governance.

3 (b) REPORT.—Not later than 90 days after the date

4 of the enactment of this Act, the Secretary, in consultation

5 with the heads of other Federal departments and agencies

6 as necessary, shall prepare and submit to the appropriate

7 congressional committees a report on the state of democ8 racy in each country in the Western Hemisphere (other

9 than the United States and Canada). For each such coun10 try, the report shall provide the following:

11 (1) A description of its system of government,

12 including schedule of elections, manner of judicial

13 appointments, and responsibilities of each branch of

14 government.

15 (2) An assessment of—

16 (A) the state of the rule of law;

17 (B) the power and independence of each

18 branch of government and institutions;

19 (C) the transparence and accountability in

20 governance; and

21 (D) the effect on human rights, particu22 larly civil and political rights, caused by the

23 presence (or lack thereof) of any of the factors

24 in subparagraphs (A) through (C); and
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1 (E) the effect on economic development

2 caused by the presence (or lack thereof) of any

3 of the factors in subparagraphs (A) through

4 (C).

5 (3) A description of efforts to strengthen the

6 rule of law, independent institutions, or transparent

7 governance in the country, whether through local ef8 forts or through efforts funded or implemented by

9 the United States, the Organization of American

10 States (OAS), or others.

11 SEC. 711. REPORT CONCERNING INTERNAL AND INTRA-RE12 GIONAL CONFLICTS IN THE GREAT LAKES

13 REGION OF AFRICA.

14 (a) FINDINGS.—The Congress makes the following

15 findings:

16 (1) The Great Lakes region of Central Africa

17 has a history of colonial based ethnic divisions, polit18 ical violence, and civil wars which have perpetuated

19 conditions conducive to chronic poverty and turmoil

20 over the past decade. The countries of the Great

21 Lakes region are heavily embroiled in the conflicts

22 within their neighbors borders. At different times,

23 the war in the Democratic Republic of Congo (DRC)

24 has involved more outside countries than any other

25 contemporary war in Africa’s history, (including An-
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1 gola, Rwanda, Uganda, Zimbabwe, Burundi, Sudan,

2 Chad, Namibia, and Central African Republic).

3 (2) The region is hallmarked by genocide, the

4 recruitment of child soldiers, war crimes, systematic

5 rape of women and violence directed against chil6 dren, corruption, and the illegal exploitation of nat7 ural resources on a global scale. Civil wars, conflicts

8 over natural resources, and structural violence in the

9 Great Lakes have resulted in—

10 (A) the death of approximately three mil11 lion people through direct and indirect causes of

12 the war in the DRC since 1998;

13 (B) the deaths of at least 800,000 people

14 during the 1994 genocide in Rwanda;

15 (C) the deaths of an estimated 300,000

16 people through direct and indirect causes of the

17 war in Burundi since 1993;

18 (D) the deaths of thousands in Uganda;

19 (E) the forced abduction, sexual servitude,

20 and armed recruitment of thousands of chil21 dren;

22 (F) the displacement of millions of Ugan23 dan, Burundian, Congolese, Rwandan, and Su24 danese refugees;
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1 (G) the death and abduction of humani2 tarian aid workers throughout the region; and

3 (H) grave disruptions in the delivery of

4 emergency assistance and food aid to millions of

5 civilians in northern Uganda, eastern Congo,

6 and Burundi dependent on such assistance for

7 survival.

8 (b) SENSE OF CONGRESS.—It is the sense of the

9 Congress that the United States should—

10 (1) exhaust all diplomatic means and utilize all

11 foreign policy instruments to help peacefully resolve

12 conflicts in the Great Lakes region by supporting

13 both national and regional political, economic, and

14 social initiatives conducive to fostering African-led

15 peace, reconstruction, and political and economic in16 stitutional and structural transformation processes

17 in Uganda, Rwanda, Burundi, and the Democratic

18 Republic of Congo;

19 (2) urge all rebel forces to stop the abduction

20 of children, urge all armed forces to stop the use of

21 child soldiers, and seek the release of all forcibly22 held children;

23 (3) make available technical assistance re24 sources to seek, track, and stop funding for all

25 armed extremist paramilitary and militarist rebel or-
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1 ganizations from all sources and condemn all govern2 ments and organizations who do assist such groups;

3 (4) monitor and support negotiations conducted

4 by third-party institutions for an immediate end of

5 armed actions between: The LRA and the Ugandan

6 Government; the RCD factions and MLC and the

7 government of Democratic Republic of the Congo

8 under the terms of the Lusaka Accords; the FDD

9 and the Burundian Government under the terms of

10 the Arusha Accords;

11 (5) explore the possibility of facilitating the cre12 ation of mechanisms for an international monitoring

13 team to enforce cease-fires as the first step in the

14 process toward a permanent peace in the region;

15 (6) continue supporting the Sudan Peace Proc16 ess, the Danforth Initiative, the Lusaka Accords,

17 and the Arusha Accords which includes peace talks,

18 donor coordination, regional support, civilian protec19 tion and monitoring, and cease-fire verification;

20 (7) make available sufficient resources to meet

21 the immediate relief needs of the towns and cities in

22 the Great Lakes region supporting large displaced

23 populations, including food, clean water, medicine,

24 shelter, and clothing;
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1 (8) make available increased resources for as2 sistance to released and returned abducted children

3 and child soldiers in the Great Lakes Region and en4 sure that amnesty is provided when appropriate;

5 (9) work with other donors and the Govern6 ments of Uganda, Burundi, Rwanda, and the Demo7 cratic Republic of Congo to increase resources and

8 technical support to both regional and national com9 batant demobilization entities such as the Uganda

10 Amnesty Commission in Uganda and equivalent en11 tities in Burundi, Rwanda, and the Democratic Re12 public of Congo for the increased demobilization of

13 rebel combatants;

14 (10) examine ways in which development assist15 ance (DA) can help those living in protective villages

16 in northern Uganda, eastern Congo, and other de17 militarized areas in Rwanda and Burundi to return

18 to and cultivate farmland;

19 (11) condition military assistance to any nation

20 which acts to destabilize the DRC by violating inter21 national agreements regarding sustained troop with22 drawals and respect for the territorial integrity of

23 the DRC; and

24 (12) direct the Secretary of State to appoint a

25 special envoy to the Great Lakes region to oversee
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1 cross-cutting security and economic policies in the

2 region.

3 (c) REPORTS TO CONGRESS.—Not later than 180

4 days after the date of the enactment of this Act, and not

5 later than April 1 of each subsequent year, the Secretary

6 should submit to the appropriate congressional committees

7 a report on the comprehensive actions taken by the United

8 States in promoting peaceful and immediate solutions to

9 the internal and intra-regional conflicts in the Great

10 Lakes region, including taking steps to bring an end to

11 the illegal exploitation and international trade of natural

12 resources from the Democratic Republic of Congo; sup13 porting bilateral and multilateral peace keeping initiatives;

14 the promotion of regional economic integration; the pro15 motion of broad based democratic political processes based

16 on the rule of law; the promotion of women and other pre17 viously disadvantaged communities as equal political and

18 economic stakeholders in societies; and humanitarian as19 sistance efforts in the region, including efforts to advance

20 each area addressed in subsection (a).

21 SEC. 712. REPORT CONCERNING OBSERVER STATUS FOR

22 TAIWAN AT THE SUMMIT OF THE WORLD

23 HEALTH ASSEMBLY.

24 Not later than 30 days after the date of the enact25 ment of this Act, and not later than April 1 of each year
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1 thereafter, the Secretary of State shall submit a report

2 to the Congress, in unclassified form, describing the

3 United States plan to endorse and obtain observer status

4 for Taiwan at the annual week-long summit of the World

5 Health Assembly (WHA) held by the World Health Orga6 nization (WHO) in May of each year in Geneva, Switzer7 land. Each report shall include the following:

8 (1) An account of the efforts the Department of

9 State has made, following the previous year’s meet10 ing of the World Health Assembly to enourage WHO

11 member states to promote Taiwan’s bid to obtain

12 observer status.

13 (2) The steps the Department of State will take

14 to endorse and obtain observer status at the forth15 coming annual meeting of the World Health Assem16 bly in Geneva, Switzerland.

17 Subtitle B—Other Matters

18 SEC. 721. SENSE OF CONGRESS RELATING TO EAST TIMOR,

19 JUSTICE, AND REHABILITATION.

20 The Congress—

21 (1) recalls that the United Nations Inter22 national Commission of Inquiry concluded in Janu23 ary 2000 that ‘‘the Indonesian Army was responsible

24 for the intimidation, terror, killings and other acts
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1 of violence’’ during East Timor’s vote for independ2 ence in 1999;

3 (2) reiterates that justice for crimes against hu4 manity and war crimes committed in East Timor

5 during the vote for independence in 1999 is crucial

6 for peace, reconciliation, and the ongoing nation7 building process in East Timor and Indonesia;

8 (3) finds that the ad hoc Human Rights Court

9 on East Timor established by the Indonesian Gov10 ernment in 2001 has inadequately brought to justice

11 the perpetrators of these crimes as eleven of four12 teen defendants have been acquitted as a result of

13 poor indictments and the absence of an adequate

14 witness protection program, and four of the five sen15 tences imposed have been less than the minimum al16 lowed under the Indonesian Human Rights Law;

17 (4) supports the work of the Joint United Na18 tions-East Timor Serious Crimes Unit (SCU), which

19 filed indictments against high-ranking Indonesian

20 officers who were allegedly involved in the crimes,

21 including Gen. Wiranto, Maj. Gen. Kiki Syahnakri,

22 Maj. Gen. Zacky Anwar Makarim, Maj. Gen. Adam

23 Damiri, Col. Suratman, Col. Noer Muis, Col. Yayat

24 Sudrajat and former Governor Abilio Soares, and ex25 presses its strong disappointment that the Indo-
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1 nesian Government has stated its intention to ignore

2 the indictments;

3 (5) calls on the State Department and the

4 United States Mission to the United Nations to push

5 for a comprehensive United Nations review of the

6 Indonesian ad hoc Human Rights Court on East

7 Timor, including a review of the conduct of trials,

8 the indictment strategy by the prosecutors and its

9 adherence to the international standards, and urges

10 the State Department to consider alternative mecha11 nisms of justice for East Timor, including the estab12 lishment of an ad hoc international tribunal; and

13 (6) urges the Indonesian Government to fully

14 cooperate with the joint United Nations-East Timor

15 Serious Crimes Unit (SCU) and encourages the

16 United States to urge the Indonesian Government to

17 fully cooperate with the SCU.

18 SEC. 722. SENSE OF CONGRESS CONCERNING HUMAN

19 RIGHTS AND JUSTICE IN INDONESIA.

20 The Congress—

21 (1) notes with grave concern that members of

22 the Indonesian security forces, particularly the Army

23 Special Forces (Kopassus) and the Police Mobile

24 Brigade (Brimob), continue to commit many serious

25 human rights violations, including extrajudicial
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1 killings, torture, rape, and arbitrary detention, par2 ticularly in areas of conflict such as Aceh, Papua,

3 the Moluccas, and Central Sulawesi;

4 (2) notes with grave concern that the Govern5 ment of Indonesia largely fails to hold soldiers and

6 police accountable for extrajudicial killings and other

7 serious human rights abuses, both past and present;

8 (3) condemns the intimidation and harassment

9 of human rights and civil society organizations and

10 activists by members of Indonesian security forces

11 and by military-backed militia groups, particularly in

12 Aceh and Papua;

13 (4) notes with concern the Indonesian military’s

14 resistance to civilian control and oversight, its lack

15 of budgetary transparency, and its continuing em16 phasis on internal security within Indonesia;

17 (5) urges the Indonesian government and mili18 tary to provide full, active, and unfettered coopera19 tion with the investigation of the Federal Bureau of

20 Investigation of the United States Department of

21 Justice into the August 31, 2002 attack near

22 Timika, Papua, which killed three people (including

23 two Americans, Rick Spier and Ted Burgon), and

24 injured 12 others, and which appears likely to have
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1 been perpetrated at least in part by members of the

2 Indonesian military;

3 (6) commends the December 2002 signing of

4 the Framework Agreement on Cessation of Hos5 tilities in Aceh, but condemns the recent outbreaks

6 of violence and militia activity that appear calculated

7 to subvert that cease-fire agreement;

8 (7) notes with grave concern the continued de9 tention of Muhammad Nazar, and the fact that

10 those responsible for the murders of other prominent

11 members of civil society in Aceh, such as Jafar

12 Siddiq Hamzah, Sukardi, Sulaiman Ahmad, Tengku

13 Safwan Idris, Nashiruddin Daud, and Zaini

14 Sulaiman, still have not been apprehended, pros15 ecuted, or punished;

16 (8) commends the ‘‘Zone of Peace’’ initiative in

17 Papua, which has brought together civic, religious,

18 governmental, and police representatives to discuss

19 productive means of avoiding conflict, but expresses

20 concern at the refusal of the Indonesian military to

21 participate in that effort; and

22 (9) encourages the Government of Indonesia to

23 expedite the reunification of separated East Timor24 ese children with their families, and to hold legally

25 accountable those individuals and organizations re-
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1 sponsible for taking those children and for obstruct2 ing reunification efforts.

3 SEC. 723. AMENDMENT TO THE INTERNATIONAL RELI4 GIOUS FREEDOM ACT OF 1998.

5 Section 207(a) of the International Religious Free6 dom Act of 1998 (22 U.S.C. 6435(a)) is amended by in7 serting ‘‘and for each subsequent fiscal year’’ after

8 ‘‘2003’’.

9 SEC. 724. SENSE OF CONGRESS WITH RESPECT TO HUMAN

10 RIGHTS IN CENTRAL ASIA.

11 (a) FINDINGS.—The Congress makes the following

12 findings:

13 (1) The Central Asian nations of Kazakhstan,

14 Kyrgyzstan, Tajikistan, Turkmenistan, and

15 Uzbekistan are providing the United States with as16 sistance in the war in Afghanistan, from military

17 basing and overflight rights to the facilitation of hu18 manitarian relief.

19 (2) In turn, the United States victory over the

20 Taliban in Afghanistan provides important benefits

21 to the Central Asian nations by removing a regime

22 that threatened their security and by significantly

23 weakening the Islamic Movement of Uzbekistan, a

24 terrorist organization that had previously staged

25 armed raids from Afghanistan into the region.
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1 (3) The United States has consistently urged

2 the nations of Central Asia to open their political

3 systems and economies and to respect human rights,

4 both before and since the attacks of September 11,

5 2001.

6 (4) Kazakhstan, Kyrgyzstan, Tajikistan,

7 Turkmenistan, and Uzbekistan are members of the

8 United Nations and the Organization for Security

9 and Cooperation in Europe (OSCE), both of which

10 confer a range of obligations with respect to human

11 rights on their members.

12 (5) While the United States recognizes marked

13 differences among the social structures and commit14 ments to democratic and economic reform of the

15 Central Asian nations, the United States notes nev16 ertheless, according to the State Department Coun17 try Reports on Human Rights Practices, that all five

18 governments of such nations, to differing degrees,

19 restrict freedom of speech and association, restrict

20 or ban the activities of human rights organizations

21 and other nongovernmental organizations, harass or

22 prohibit independent media, imprison political oppo23 nents, practice arbitrary detention and arrest, and

24 engage in torture and extrajudicial executions.
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1 (6) By continuing to suppress human rights

2 and to deny citizens peaceful, democratic means of

3 expressing their convictions, the nations of Central

4 Asia risk fueling popular support for violent and ex5 tremist movements, thus undermining the goals of

6 the war on terrorism.

7 (7) President George W. Bush has made the

8 defense of human dignity, the rule of law, limits on

9 the power of the state, respect for women and pri10 vate property, free speech, equal justice, religious

11 tolerance strategic goals of United States foreign

12 policy in the Islamic world, arguing that ‘‘a truly

13 strong nation will permit legal avenues of dissent for

14 all groups that pursue their aspirations without vio15 lence’’.

16 (8) Congress has expressed its desire to see

17 deeper reform in Central Asia in past resolutions

18 and other legislation, most recently conditioning as19 sistance to Uzbekistan and Kazakhstan on their

20 progress in meeting commitments to the United

21 States on human rights and democracy.

22 (b) SENSE OF CONGRESS.—It is the sense of the

23 Congress that—

24 (1) the governments of Kazakhstan,

25 Kyrgyzstan, Tajikistan, Turkmenistan, and
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1 Uzbekistan should accelerate democratic reforms

2 and fulfill their human rights obligations, including,

3 where appropriate, by—

4 (A) releasing from prison anyone jailed for

5 peaceful political activism or the nonviolent ex6 pression of their political or religious beliefs;

7 (B) fully investigating any credible allega8 tions of torture and prosecuting those respon9 sible;

10 (C) permitting the free and unfettered

11 functioning of independent media outlets, inde12 pendent political parties, and nongovernmental

13 organizations, including by easing registration

14 processes;

15 (D) permitting the free exercise of reli16 gious beliefs and ceasing the persecution of

17 members of religious groups and denominations

18 that do not engage in violence or political

19 change through violence;

20 (E) holding free, competitive, and fair elec21 tions; and

22 (F) making publicly available documenta23 tion of their revenues and punishing those en24 gaged in official corruption;
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1 (2) the President, the Secretary of State, and

2 the Secretary of Defense should—

3 (A) continue to raise at the highest levels

4 with the governments of the nations of Central

5 Asia specific cases of political and religious per6 secution, and to urge greater respect for human

7 rights and democratic freedoms at every diplo8 matic opportunity;

9 (B) take progress in meeting the goals

10 specified in paragraph (1) into account when

11 determining the scope and nature of United

12 States diplomatic and military relations and as13 sistance with each of such governments;

14 (C) ensure that the provisions of foreign

15 operations appropriations Acts are fully imple16 mented to ensure that no United States assist17 ance benefits security forces in Central Asia

18 that are implicated in violations of human

19 rights;

20 (D) press the Government of

21 Turkmenistan to implement the helpful rec22 ommendations contained in the 2003 resolution

23 on Turkmenistan of the United Nations Com24 mission on Human Rights and the so-called

25 ‘‘Moscow Mechanism’’ Report of the Organiza-
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1 tion for Security and Cooperation in Europe

2 (OSCE), respect the right of all prisoners to

3 due process and a fair trial and release demo4 cratic activists and their family members from

5 prison;

6 (E) urge the Government of Russia not to

7 extradite to Turkmenistan members of the po8 litical opposition of Turkmenistan;

9 (F) work with the Government of

10 Kazakhstan to create a political climate free of

11 intimidation and harassment, including releas12 ing political prisoners and permitting the return

13 of political exiles, and to reduce official corrup14 tion, including by urging the Government of

15 Kazakhstan to cooperate with the ongoing

16 United States Department of Justice investiga17 tion;

18 (G) support through United States assist19 ance programs individuals, nongovernmental or20 ganizations, and media outlets in Central Asia

21 working to build more open societies, to support

22 the victims of human rights abuses, and to ex23 pose official corruption; and

24 (H) press the Government of Uzbekistan

25 to implement fully the recommendations made
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1 to the Government of Uzbekistan by the United

2 Nations’ Special Rapporteur on Torture; and

3 (3) increased levels of United States assistance

4 to the governments of the nations of Central Asia

5 made possible by their cooperation in the war in Af6 ghanistan can be sustained only if there is substan7 tial and continuing progress toward meeting the

8 goals specified in paragraph (1).

9 SEC. 725. TECHNICAL CORRECTION TO AUTHORIZATION OF

10 APPROPRIATIONS FOR FISCAL YEAR 2003

11 FOR CENTER FOR CULTURAL AND TECH12 NICAL INTERCHANGE BETWEEN EAST AND

13 WEST.

14 Section 112(3) of the Foreign Relations Authoriza15 tion Act, Fiscal Year 2003 (116 Stat. 1358; Public Law

16 107–228) is amended by striking ‘‘$15,000,000’’ and in17 serting ‘‘$18,000,000’’.

18 SEC. 726. UNDER SECRETARY OF COMMERCE FOR INDUS19 TRY AND SECURITY.

20 (a) UNDER SECRETARY.—There shall be in the De21 partment of Commerce an Under Secretary of Commerce

22 for Industry and Security who shall serve as the head of

23 the Bureau of Industry and Security and perform such

24 duties as the Secretary of Commerce shall prescribe. The

25 Under Secretary of Commerce for Industry and Security
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1 shall be appointed by the President by and with the advice

2 and consent of the Senate.

3 (b) INCUMBENT.—The individual serving on the date

4 of the enactment of this Act as the Under Secretary of

5 Commerce for Export Administration shall serve as the

6 Under Secretary of Commerce for Industry and Security

7 until such time as a successor is appointed under sub8 section (a).

9 (c) COMPENSATION.—Section 5314 of title 5, United

10 States Code, is amended by striking ‘‘Under Secretary of

11 Commerce for Export Administration’’ and inserting

12 ‘‘Under Secretary of Commerce for Industry and Secu13 rity’’.

14 (d) CONFORMING AMENDMENTS.—Section 15(a) of

15 the Export Administration Act of 1979 (50 U.S.C. App.

16 2414(a)) is amended—

17 (1) by striking the first sentence; and

18 (2) in the second sentence, by striking ‘‘in car19 rying out such functions’’ and inserting ‘‘of Com20 merce for Industry and Security in carrying out the

21 functions of the Under Secretary’’.

22 SEC. 727. CONCERNING THE SPREAD OF WEAPONS OF MASS

23 DESTRUCTION.

24 (a) FINDINGS.—The Congress makes the following

25 findings:
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1 (1) The proliferation of weapons of mass de2 struction presents a direct threat to the stability, se3 curity, and safety of nations around the globe.

4 (2) Combatting the spread of such weapons is

5 a responsibility borne by all nations.

6 (3) United States efforts to stop the further

7 spread of these weapons can be further enhanced by

8 cooperative efforts between the United States and

9 the European Union.

10 (4) There are many different components in

11 this effort that require a comprehensive approach,

12 immediate attention, and vigorous action, including

13 the ‘‘10+10 over 10 Initiative’’ agreed to by the

14 United States and many members of the European

15 Union.

16 (5) Stopping the spread of weapons of mass de17 struction is made more difficult when states willingly

18 participate in, or contribute to, their development or

19 their sale or transfer to other nations.

20 (6) Stopping the spread of weapons of mass de21 struction is made more difficult when private compa22 nies willingly participate in, or contribute to, their

23 development or their sale or transfer to other na24 tions.
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1 (7) United States security and safety is under2 mined when companies engage in such commerce.

3 (b) SENSE OF CONGRESS.—The Congress call on the

4 European Union to—

5 (1) develop an aggressive and robust regulatory

6 system designed to—

7 (A) investigate allegations of companies

8 contributing to the development of weapons of

9 mass destruction or their sale or transfer to

10 other nations;

11 (B) isolate and comdemn companies found

12 to participate in, or contribute to, the develop13 ment of such weapons or their sale or transfer

14 to other nations; and

15 (C) develop a punitive response designed to

16 punish such companies, thereby preventing fur17 ther actions on their part and discouraging

18 other companies from engaging in such actions;

19 (2) condemn, by name, states known to be con20 tributing to the development or spread of weapons of

21 mass destruction; and

22 (3) develop appropriate punitive measures de23 signed to discourage further actions.
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1 SEC. 728. INTERNATIONAL AGRICULTURAL BIO2 TECHNOLOGY INFORMATION PROGRAM.

3 (a) IN GENERAL.—The Department of State shall

4 provide to other countries, as appropriate, the scientific

5 evidence on the benefits, safety, and potential uses of agri6 cultural biotechnology.

7 (b) SPECIFIC OBJECTIVES.—The Secretary of State

8 shall—

9 (1) chair an interagency task force comprised of

10 representatives of the Department of Commerce, the

11 Department of Agriculture, and the United States

12 Agency for International Development to develop

13 and disseminate accurate written scientific informa14 tion on the potential benefits of agricultural bio15 technology for human and animal nutrition, the en16 vironment, food and feed production, agricultural

17 sustainability, and bioenergy development;

18 (2) coordinate the development and dissemina19 tion of scientifically-based facts regarding, the safety

20 and regulation of biotechnology-derived food and

21 feed products;

22 (3) instruct the United States Agency for Inter23 national Development (USAID) to develop a pro24 gram to demonstrate the potential benefits of agri25 cultural biotechnology to develop products that can

26 be grown under local soil and climate conditions and
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1 better meet the health and nutritional needs of local

2 populations in the developing world; and

3 (4) ensure that personnel undertaking these ac4 tivities are knowledgeable of, and disseminate infor5 mation on, the United States regulatory safeguards

6 that assure food and environmental safety.

7 SEC. 729. REFUGEE RESETTLEMENT BURDENSHARING.

8 It is the sense of the Congress that—

9 (1) the Secretary of State should actively en10 courage the international community to accept refu11 gees for resettlement on a more equitable basis;

12 (2) the Secretary of State should raise the issue

13 of refugee resettlement burdensharing at the United

14 Nations and other multilateral and bilateral meet15 ings;

16 (3) developed countries should be encouraged to

17 increase the percentage of the world’s refugees ac18 cepted for resettlement; and

19 (4) the Secretary of State should encourage de20 veloping stable countries in regions with refugee

21 flows to accept for resettlement as many of their

22 neighbors as possible.
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1 SEC. 730. SENSE OF CONGRESS REGARDING MIGRATION

2 ISSUES BETWEEN THE UNITED STATES AND

3 MEXICO.

4 (a) FINDINGS.—The Congress finds as follows:

5 (1) During President Bush’s first meeting with

6 President Fox in Guanajuato, Mexico, the Presi7 dents stated in the Joint Communique of February

8 16, 2001 that ‘‘we are instructing our Governments

9 to engage, at the earliest opportunity, in formal high

10 level negotiations aimed at achieving short and long11 term agreements that will allow us to constructively

12 address migration and labor issues between our two

13 countries.’’.

14 (2) During President Fox’s official visit to

15 Washington, D.C., the Joint Statement of Sep16 tember 6, 2001, summarized the meeting as follows:

17 ‘‘The Presidents reviewed the progress made by our

18 joint working group on migration chaired by Secre19 taries Powell, CastaZeda, and Creel and Attorney

20 General Ashcroft and noted this represented the

21 most fruitful and frank dialogue we have ever had

22 on a subject so important to both nations. They

23 praised implementation of the border safety initia24 tive, and recognized that migration-related issues are

25 deeply felt by our publics and vital to our prosperity,

26 well-being, and the kind of societies we want to
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1 build. They renewed their commitment to forging

2 new and realistic approaches to migration to ensure

3 it is safe, orderly, legal and dignified, and agreed on

4 the framework within which this ongoing effort is

5 based. This includes: matching willing workers with

6 willing employers; serving the social and economic

7 needs of both countries; respecting the human dig8 nity of all migrants, regardless of their status; recog9 nizing the contribution migrants make to enriching

10 both societies; shared responsibility for ensuring mi11 gration takes place through safe and legal channels.

12 Both stressed their commitment to continue our dis13 cussions, instructing the high-level working group to

14 reach mutually satisfactory results on border safety,

15 a temporary worker program and the status of un16 documented Mexicans in the United States. They re17 quested that the working group provide them pro18 posals with respect to these issues as soon as pos19 sible. The Presidents recognized that this is an ex20 traordinarily challenging area of public policy, and

21 that it is critical to address the issue in a timely

22 manner and with appropriate thoroughness and

23 depth.’’.

24 (3) On September 7, 2001, during President

25 Fox’s historic State Visit to Washington, the United
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1 States and Mexico issued a joint statement instruct2 ing our cabinet-level working group to provide us

3 with specific proposals to forge a new and realistic

4 framework that will ensure a safe, legal, orderly, and

5 dignified migration flow between our countries. We

6 have today agreed that our Cabinet level migration

7 group should continue the work we charged it with

8 in Guanajuato and Washington.

9 (4) When the Presidents met in Monterrey,

10 Mexico, the Presidents stated in a Joint Statement

11 on March 22, 2002, as follows: ‘‘Slightly more than

12 one year ago, in Guanajuato, we talked about migra13 tion as one of the major ties that join our societies.

14 We launched then the frankest and most productive

15 dialogue our countries have ever had on this impor16 tant and challenging subject. Those talks have con17 tinued over the past year, and have yielded a clearer

18 assessment of the scope and nature of this issue.

19 This bond between our nations can render countless

20 benefits to our respective economies and families.

21 (5) Over the past year, important progress has

22 been made to enhance migrant safety and particu23 larly in saving lives by discouraging and reducing il24 legal crossings in dangerous terrain.
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1 (6) At the conclusion of the Mexico-United

2 States Binational Commission (BNC) meeting in

3 Mexico City in November 2002, Secretary of State

4 Powell’s press conference was summarized by the

5 State Department as follows: The BNC’s migration

6 working group ‘‘affirmed our strong commitment to

7 advancing our bilateral migration agenda,’’ he

8 stressed, adding that ‘‘there should be no doubt in

9 anyone’s mind that this is a priority for President

10 Bush, just as it is a priority for [Mexican] President

11 [Vicente] Fox.’’.

12 (7) Secretary Powell said no schedule had been

13 established for a migration accord, but he confirmed

14 that the United States and Mexico want to come up

15 with a series of migration initiatives over the course

16 of the next six months to a year.

17 (b) SENSE OF CONGRESS.—It is the sense of the

18 Congress that—

19 (1) that the United States and Mexico should

20 as soon as is practicable conclude negotiations in an

21 attempt to reach a migration accord that is as com22 prehensive as possible and which addresses the key

23 issues of concern for both nations; and

24 (2) that as part of any migration agreement be25 tween the United States and Mexico, the issues of
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1 the extradition of violent criminals and law enforce2 ment cooperation between the two nations be ad3 dressed.

4 SEC. 731. SENSE OF CONGRESS CONCERNING UNITED

5 STATES ASSISTANCE TO PALESTINIAN REFU6 GEES.

7 The Congress—

8 (1) recognizes the importance of United States

9 humanitarian assistance to Palestinian refugees as

10 an essential component to the peace process in the

11 Middle East;

12 (2) acknowledges the hardships endured by

13 many innocent Palestinian refugees in the West

14 Bank and Gaza Strip and in other neighboring coun15 tries;

16 (3) notes that the United Nations High Com17 mission for Refugees (UNHCR) is the international

18 body that seeks to find ‘‘lasting solutions’’ to the

19 plight of refugees throughout the world, with the

20 sole exception of the Palestinians, for whose exclu21 sive benefit a special agency, the United Nations Re22 lief and Works Agency (UNRWA), was established

23 in 1950 and which makes no effort to permanently

24 resettle Palestinian refugees, even those who reside

25 under the jurisdiction of the Palestinian Authority,
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1 in order to ensure the perpetuation of the problem

2 of Palestinian refugees;

3 (4) recognizes that the United States has been

4 the world’s leading donor to UNRWA, having pro5 vided over $2,500,000,000 to UNRWA since 1950,

6 including the provision of $110,000,000, in fiscal

7 year 2002, and that such organization has provided

8 important humanitarian assistance to the Pales9 tinian people;

10 (5) notes that the United States contribution to

11 UNRWA is nearly 10 times that of the entire Arab

12 world, and calls on Arab states to assume a greater

13 share of the burden for financing UNWRA;

14 (6) expresses its outrage over credible reports

15 that UNRWA facilities have been used for terrorist

16 training and bases for terrorist operations, with little

17 attempt by the UNRWA to stop or oppose such at18 tacks or alert relevant law enforcement authorities

19 about such terrorist activities;

20 (7) expresses deep concern over the textbooks

21 and educational materials used in the UNRWA edu22 cational system that promote anti-Semitism, denial

23 of the existence and the right to exist of the state

24 of Israel, and exacerbate stereotypes and tensions

25 between the Palestinians and Israelis;
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1 (8) strongly urges the Secretary General of the

2 United Nations to immediately take steps to com3 prehensively reform the UNRWA so that it actively

4 works to oppose terrorist attacks and actively works

5 to promote reconciliation and understanding between

6 the Israelis and Palestinians;

7 (9) strongly urges UNRWA to meet the re8 quirements, in letter and spirit, of section 301(c) of

9 the Foreign Assistance Act of 1961, including by

10 comprehensively ensuring that no UNRWA assist11 ance is rendered to anyone who has been involved

12 with terrorism at any time and that all UNRWA

13 beneficiaries be informed at the earliest possible

14 time, and at regular intervals thereafter, that any15 one involved with terrorism thereafter will be ineli16 gible for UNRWA benefits;

17 (10) strongly urges the Secretary of State to

18 make UNRWA reforms a priority at the United Na19 tions by actively campaigning within the United Na20 tions to support such reforms, including comprehen21 sive and independently verifiable audits of UNRWA

22 activities and educational reform that would remove

23 from the curriculum all textbooks and educational

24 materials that promote hatred of Jews and Israel

25 and denial of Israel’s right to exist and replace them
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1 with teaching materials that promote Israeli-Pales2 tinian reconciliation and mutual understanding; and

3 (11) notes the General Accounting Office

4 (GAO) audit required by section 580 of the FY

5 2003 Foreign Operations Appropriations Act (Public

6 Law 108–7), and strongly encourages the GAO to

7 conduct, as part of this audit, an investigation and

8 inspection of all recent United States assistance to

9 UNRWA to ensure that taxpayer funds are being

10 spent effectively and are not directly or indirectly

11 supporting terrorism, anti-Semitic or anti-Jewish

12 teachings, or the glorification or incitement of vio13 lence.

14 SEC. 732. UNITED STATES POLICY ON WORLD BANK GROUP

15 LOANS TO IRAN.

16 (a) UNITED STATES POLICY.—The Secretary of

17 State (or a designee), in consultation with the Secretary

18 of the Treasury, shall communicate directly with the gov19 ernments of countries represented on the decision-making

20 boards and councils of the international financial institu21 tions of the World Bank Group and consistently convey

22 the strong opposition of the United States Government to

23 any further activity in Iran by the international financial

24 institutions of the World Bank Group.
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1 (b) REPORTS.—Not later than 90 days after the date

2 of the enactment of this Act and one year thereafter, the

3 Secretary of State shall submit a report on the efforts of

4 the Secretary to carry out subsection (a) to the chairman

5 and ranking minority member of the Committee on Inter6 national Relations of the House of Representatives and

7 the Committee on Foreign Relations of the Senate.

8 (c) WORLD BANK GROUP DEFINED.—As used in this

9 section, the term ‘‘World Bank Group’’ means the Inter10 national Bank for Reconstruction and Development, the

11 International Development Association, the International

12 Financial Corporation, and the Multilateral Investment

13 Guaranty Agency.

14 SEC. 733. SENSE OF CONGRESS RELATING TO SOVIET NU15 CLEAR TESTS IN KAZAKHSTAN.

16 (a) FINDINGS.—Congress finds the following:

17 (1) In 1991, immediately after achieving inde18 pendence, Kazakhstan closed and sealed the world’s

19 second largest nuclear test site in Semipalatinsk

20 which had been inherited from the former Soviet

21 Union and at which more than 500 nuclear tests

22 had been conducted from 1949 to 1991.

23 (2) The cumulative power of explosions from

24 those tests, conducted above ground, on the ground,

25 and underground is believed to be equal to the power
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1 of 20,000 explosions of the type of bomb dropped on

2 Hiroshima, Japan, in 1945.

3 (3) More than 1,500,000 people in Kazakhstan

4 suffered because of decades of Soviet nuclear weap5 ons testing in the region.

6 (4) A horrifying array of disease will continue

7 to destroy the lives of hundreds of thousands and

8 their descendants for many generations to come as

9 a result of these tests.

10 (5) Since its independence, Kazakhstan has

11 constructed a stable and peaceful state, voluntarily

12 disarmed the world’s fourth largest nuclear arsenal,

13 joined the Strategic Arms Reduction Treaty

14 (START), and became an example of responsible

15 nonproliferation of such weapons.

16 (6) Kazakhstan is also doing its best to help

17 those who were exposed to the horrific nuclear ex18 periments of the 20th century but it faces daunting

19 challenges.

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that the Secretary of State should work to establish

22 a joint working group with the Government of Kazakhstan

23 to assist in assessing the environmental damage and

24 health effects caused by Soviet nuclear testing in

25 Semipalatinsk.
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1 SEC. 734. SENSE OF CONGRESS RELATING TO VIOLENCE

2 AGAINST WOMEN.

3 The Congress—

4 (1) recalls that Article 4 of the United Nations

5 Declaration on the Elimination of Violence Against

6 Women (20 December 1993) outlines that states

7 should condemn violence against women and should

8 not invoke any custom, tradition, or religious consid9 eration to avoid their obligations with respect to its

10 elimination;

11 (2) recalls that Chapter 4, Section 125, of the

12 Beijing Declaration and Platform for Action, Fourth

13 World Conference on Women (15 September 1995)

14 states that governments condemn violence against

15 women and refrain from invoking any custom, tradi16 tion, or religious consideration to avoid their obliga17 tions with respect to its elimination as set out in the

18 Declaration on the Elimination of Violence against

19 Women;

20 (3) recalls that the United States has supported

21 both the United Nations Declaration on the Elimi22 nation of Violence and the Beijing Declaration and

23 Platform for Action; and

24 (4) reinforces the position of the United States

25 that the United States condemns violence against

26 women and refrains from invoking any custom, tra-
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1 dition, or religious consideration to avoid this na2 tion’s obligations with respect to its elimination as

3 set out in the Declaration on the Elimination of Vio4 lence against Women.

5 SEC. 735. SENSE OF CONGRESS CONCERNING THE TIMELY

6 ISSUANCE OF VISAS FOR RUSSIAN WEAPONS

7 SCIENTISTS INVOLVED IN ARMS CONTROL

8 AND NONPROLIFERATION EXCHANGES WITH

9 THE UNITED STATES.

10 (a) FINDINGS.—Congress makes the following find11 ings:

12 (1) The United States visa approval system has

13 in the past lacked proper oversight, coordination,

14 and supervision. A more systematic, stringent, and

15 rigorous evaluation system for visa approvals is

16 clearly in the best interests of the United States.

17 (2) Many distinguished scholars, professors, re18 searchers, and foreign associates of United States

19 national academies have been prevented by visa

20 delays from entering the United States for engage21 ments at major conferences, meetings, and teaching

22 invitations at American universities.

23 (3) Research collaborators for United States

24 laboratories have also been prevented from entering

25 the United States. Their absence halts projects and
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1 compromises United States commitments in long2 standing international cooperative agreements aimed

3 at reducing stockpiles of weapons of mass destruc4 tion.

5 (4) Visa restrictions came within one day of

6 forcing the cancellation of an important meeting in

7 Washington, D.C. of the National Academy of

8 Sciences Committee on United States Russian Co9 operation on Nuclear Non-Proliferation.

10 (5) Russian weapons scientists involved in nu11 clear non-proliferation cooperative efforts with the

12 United States are critical to American efforts to en13 sure that nuclear weapons-grade materials remain

14 under control and out of the hands of terrorists.

15 (6) In a December 2002 statement, the Presi16 dents of the National Academy of Sciences, the Na17 tional Academy of Engineering, and the Institute of

18 Medicine found that a United States approach to

19 visas that welcomes qualified foreign scientists, engi20 neers, health professionals, and students serves na21 tional goals in three distinct ways:

22 (A) It harnesses international cooperation

23 for counterterrorism.

24 (B) It builds stronger allies through sci25 entific and technical cooperation.
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1 (C) It maintains United States global lead2 ership in science and technology.

3 (7) The Presidents of the National Academy of

4 Sciences, the National Academy of Engineering, and

5 the Institute of Medicine have found that current

6 United States policy toward granting visas, to for7 eign scientists is harmful to the United States sci8 entific community and to the longterm well-being of

9 the United States. They stated on December 13,

10 2002, that ‘‘To make our nation safer, it is ex11 tremely important that our visa policy not only keep

12 out foreigners who intend to do us harm, but also

13 facilitate the acceptance of those who bring us con14 siderable benefit. Recent efforts by our government

15 to constrain the flow of international visitors in the

16 name of national security are having serious unin17 tended consequences for American science, engineer18 ing, and medicine. The long-term security of the

19 United States depends on admitting scholars who

20 benefit our nation. In short, the United States sci21 entific, engineering, and health communities cannot

22 hope to maintain their present position of inter23 national leadership if they become isolated from the

24 rest of the world. We view this as an urgent matter,

25 one that must be promptly addressed if the United
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1 States is to meet both its national security and eco2 nomic development goals.’’.

3 (8) Currently, consular officials send many visa

4 applications back to the United States for sequential

5 security clearances by several agencies, which may

6 lead to long delays in visa processing. Consular offi7 cers are subject to criminal penalties if they grant

8 a visa to a person who subsequently commits a ter9 rorist act in the United States. However, there are

10 currently no incentives for consular officers to facili11 tate scientific exchanges, which may advance the na12 tional interest of the United States.

13 (b) SENSE OF CONGRESS.—It is the sense of the

14 Congress that—

15 (1) to the extent possible and consistent with

16 national security objectives, the United States

17 should expedite the processing of granting visas to

18 Russian weapons scientists, especially those partici19 pating in bilateral weapon disarmament talks, nego20 tiations, and exchanges, to enable them to partici21 pate in cooperative nonproliferation activities with

22 their counterparts in the United States, and

23 (2) the Department of State is encouraged to

24 consider streamlining the process of granting visas

25 for such scientists as follows:
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1 (A) Reinstate a procedure of pre-security

2 clearance for scientists and engineers with the

3 proper credentials.

4 (B) Involve the United States scientific

5 and technical community in determining areas

6 of particular security concern.

7 SEC. 736. DESIGNATION OF FOREIGN TERRORIST ORGANI8 ZATIONS.

9 (a) PERIOD OF DESIGNATION.—Section 219(a)(4) of

10 the Immigration and Nationality Act (8 U.S.C.

11 1189(a)(4)) is amended—

12 (1) in subparagraph (A)—

13 (A) by striking ‘‘Subject to paragraphs (5)

14 and (6), a’’ and inserting ‘‘A’’; and

15 (B) by striking ‘‘for a period of 2 years be16 ginning on the effective date of the designation

17 under paragraph (2)(B)’’ and inserting ‘‘until

18 revoked under paragraph (5) or (6) or set aside

19 pursuant to subsection (c)’’;

20 (2) by striking subparagraph (B) and inserting

21 the following:

22 ‘‘(B) REVIEW OF DESIGNATION UPON PE23 TITION.—

24 ‘‘(i) IN GENERAL.—The Secretary

25 shall review the designation of a foreign
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1 terrorist organization under the procedures

2 set forth in clauses (iii) and (iv) if the des3 ignated organization files a petition for

4 revocation within the petition period de5 scribed in clause (ii).

6 ‘‘(ii) PETITION PERIOD.—For pur7 poses of clause (i)—

8 ‘‘(I) if the designated organiza9 tion has not previously filed a petition

10 for revocation under this subpara11 graph, the petition period begins 2

12 years after the date on which the des13 ignation was made; or

14 ‘‘(II) if the designated organiza15 tion has previously filed a petition for

16 revocation under this subparagraph,

17 the petition period begins 2 years

18 after the date of the determination

19 made under clause (iv) on that peti20 tion.

21 ‘‘(iii) PROCEDURES.—Any foreign ter22 rorist organization that submits a petition

23 for revocation under this subparagraph

24 must provide evidence in that petition that

25 the relevant circumstances described in
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1 paragraph (1) have changed in such a

2 manner as to warrant revocation with re3 spect to the organization.

4 ‘‘(iv) DETERMINATION.—

5 ‘‘(I) IN GENERAL.—Not later

6 than 180 days after receiving a peti7 tion for revocation submitted under

8 this subparagraph, the Secretary shall

9 make a determination as to such rev10 ocation.

11 ‘‘(II) CLASSIFIED INFORMA12 TION.—The Secretary may consider

13 classified information in making a de14 termination in response to a petition

15 for revocation. Classified information

16 shall not be subject to disclosure for

17 such time as it remains classified, ex18 cept that such information may be

19 disclosed to a court ex parte and in

20 camera for purposes of judicial review

21 under subsection (c).

22 ‘‘(III) PUBLICATION OF DETER23 MINATION.—A determination made by

24 the Secretary under this clause shall

25 be published in the Federal Register.
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1 ‘‘(IV) PROCEDURES.—Any rev2 ocation by the Secretary shall be

3 made in accordance with paragraph

4 (6).’’; and

5 (3) by adding at the end the following:

6 ‘‘(C) OTHER REVIEW OF DESIGNATION.—

7 ‘‘(i) IN GENERAL.—If in a 4-year pe8 riod no review has taken place under sub9 paragraph (B), the Secretary shall review

10 the designation of the foreign terrorist or11 ganization in order to determine whether

12 such designation should be revoked pursu13 ant to paragraph (6).

14 ‘‘(ii) PROCEDURES.—If a review does

15 not take place pursuant to subparagraph

16 (B) in response to a petition for revocation

17 that is filed in accordance with that sub18 paragraph, then the review shall be con19 ducted pursuant to procedures established

20 by the Secretary. The results of such re21 view and the applicable procedures shall

22 not be reviewable in any court.

23 ‘‘(iii) PUBLICATION OF RESULTS OF

24 REVIEW.—The Secretary shall publish any
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1 determination made pursuant to this sub2 paragraph in the Federal Register.’’.

3 (b) ALIASES.—Section 219 of the Immigration and

4 Nationality Act (8 U.S.C. 1189) is amended—

5 (1) by redesignating subsections (b) and (c) as

6 subsections (c) and (d), respectively; and

7 (2) by inserting after subsection (a) the fol8 lowing new subsection (b):

9 ‘‘(b) AMENDMENTS TO A DESIGNATION.—

10 ‘‘(1) IN GENERAL.—The Secretary may amend

11 a designation under this subsection if the Secretary

12 finds that the organization has changed its name,

13 adopted a new alias, dissolved and then reconsti14 tuted itself under a different name or names, or

15 merged with another organization.

16 ‘‘(2) PROCEDURE.—Amendments made to a

17 designation in accordance with paragraph (1) shall

18 be effective upon publication in the Federal Register.

19 Subparagraphs (B) and (C) of subsection (a)(2)

20 shall apply to an amended designation upon such

21 publication. Paragraphs (2)(A)(i), (4), (5), (6), (7),

22 and (8) of subsection (a) shall also apply to an

23 amended designation.

24 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis25 trative record shall be corrected to include the
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1 amendments as well as any additional relevant infor2 mation that supports those amendments.

3 ‘‘(4) CLASSIFIED INFORMATION.—The Sec4 retary may consider classified information in amend5 ing a designation in accordance with this subsection.

6 Classified information shall not be subject to disclo7 sure for such time as it remains classified, except

8 that such information may be disclosed to a court ex

9 parte and in camera for purposes of judicial review

10 under subsection (c).’’.

11 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

12 Section 219 of the Immigration and Nationality Act (8

13 U.S.C. 1189) is amended—

14 (1) in subsection (a)—

15 (A) in paragraph (3)(B), by striking ‘‘sub16 section (b)’’ and inserting ‘‘subsection (c)’’;

17 (B) in paragraph (6)(A)—

18 (i) in the matter preceding clause (i),

19 by striking ‘‘or a redesignation made under

20 paragraph (4)(B)’’ and inserting ‘‘at any

21 time, and shall revoke a designation upon

22 completion of a review conducted pursuant

23 to subparagraphs (B) and (C) of para24 graph (4)’’; and
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1 (ii) in clause (i), by striking ‘‘or redes2 ignation’’;

3 (C) in paragraph (7), by striking ‘‘, or the

4 revocation of a redesignation under paragraph

5 (6),’’; and

6 (D) in paragraph (8)—

7 (i) by striking ‘‘, or if a redesignation

8 under this subsection has become effective

9 under paragraph (4)(B),’’; and

10 (ii) by striking ‘‘or redesignation’’;

11 and

12 (2) in subsection (c), as so redesignated—

13 (A) in paragraph (1), by striking ‘‘of the

14 designation in the Federal Register,’’ and all

15 that follows through ‘‘review of the designa16 tion’’ and inserting ‘‘in the Federal Register of

17 a designation, an amended designation, or a de18 termination in response to a petition for revoca19 tion, the designated organization may seek judi20 cial review’’;

21 (B) in paragraph (2), by inserting ‘‘,

22 amended designation, or determination in re23 sponse to a petition for revocation’’ after ‘‘des24 ignation’’;
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1 (C) in paragraph (3), by inserting ‘‘,

2 amended designation, or determination in re3 sponse to a petition for revocation’’ after ‘‘des4 ignation’’; and

5 (D) in paragraph (4), by inserting ‘‘,

6 amended designation, or determination in re7 sponse to a petition for revocation’’ after ‘‘des8 ignation’’ each place that term appears.

9 (d) SAVINGS PROVISION.—For purposes of applying

10 section 219 of the Immigration and Nationality Act on

11 or after the date of enactment of this Act, the term ‘‘des12 ignation’’, as used in that section, includes all redesigna13 tions made pursuant to section 219(a)(4)(B) of the Immi14 gration and Nationality Act (8 U.S.C. 1189(a)(4)(B))

15 prior to the date of enactment of this Act, and such redes16 ignations shall continue to be effective until revoked as

17 provided in paragraph (5) or (6) of section 219(a) of the

18 Immigration and Nationality Act (8 U.S.C. 1189(a)).

19 SEC. 737. SENSE OF CONGRESS RELATING TO REGARDING

20 SECURITY FOR TAIWAN.

21 (a) FINDINGS.—Congress finds the following:

22 (1) For over half a century a close relationship

23 has existed between the United States and Taiwan

24 which has been of enormous economic, cultural, and

25 strategic advantage to both countries.
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1 (2) Taiwan today is a full-fledged democracy

2 with a vibrant economy and a vigorous multi-party

3 political system that respects human rights and the

4 rule of law.

5 (3) Taiwan is an ally of the United States, as

6 most recently evidenced by Taiwan’s provision of hu7 manitarian and financial assistance to Afghanistan

8 at the request of the United States and its support

9 for Operation Iraqi Freedom.

10 (4) The security of the 23 million people in Tai11 wan is threatened by the deployment by the People’s

12 Republic of China of over 400 short–range ballistic

13 missiles targeted at Taiwan, and the purchase by the

14 PRC of advanced weaponry systems, including Su–

15 27 and Su–30 fighter planes, Kilo submarines, and

16 Sovremenny destroyers.

17 (5) Taiwan was threatened by missile exercises

18 conducted by the PRC in August 1995 and again in

19 March 1996 when Taiwan was conducting its first

20 free and direct presidential elections.

21 (6) Section 2(b)(4) of the Taiwan Relations Act

22 (22 U.S.C. 3301(b)(4)) considers any effort to de23 termine the future of Taiwan by other than peaceful

24 means, including by boycotts or embargoes, a threat
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1 to the peace and security of the Western Pacific

2 area and of grave concern to the United States.

3 (7) Section 2(b)(6) of the Taiwan Relations Act

4 (22 U.S.C. 3301(b)(6)) requires the United States

5 to maintain the capacity to resist any resort to force

6 or other forms of coercion that would jeopardize the

7 security, or the social or economic system, of the

8 people on Taiwan.

9 (8) In his January 17, 2001, confirmation hear10 ing as Secretary of State, General Colin Powell stat11 ed that ‘‘We will stand by Taiwan and will provide

12 for the defense needs of Taiwan in accordance with

13 the Taiwan Relations Act and the subsequent com14 muniques.’’.

15 (9) President Bush stated on April 24, 2001,

16 that the United States will do whatever it takes to

17 help Taiwan defend itself.

18 (10) In his testimony before the International

19 Relations Committee of the House of Representa20 tives and the Foreign Relations Committee of the

21 Senate in February and March of 2002, Admiral

22 Dennis Blair of the United States Pacific Command

23 testified that ‘‘China continued to build and exercise

24 its force of short–range ballistic missiles ranging

25 Taiwan. It still seeks to develop a range of military
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1 options to influence and intimidate Taiwan, and has

2 not abandoned the option of using force to resolve

3 Taiwan’s status.’’.

4 (11) The July 2002 U.S.-China Economic and

5 Security Review Commission report to Congress

6 stated that ‘‘China is enhancing its capability to

7 carry out attacks across the Taiwan Strait with its

8 special operations forces, air forces and navy and

9 missiles forces with little notice,’’ and ‘‘the Commis10 sion recommends that the U.S. along with its allies

11 should continue to call upon China to renounce the

12 threat of or the use of force against Taiwan.’’.

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that—

15 (1) grave concerns exist concerning the deploy16 ment by the People’s Republic of China of hundreds

17 of ballistic missiles directed toward Taiwan, which

18 threaten the security and stability in the Taiwan

19 Strait;

20 (2) the President should direct all appropriate

21 United States officials to raise these concerns with

22 the appropriate officials from the People’s Republic

23 of China, and should seek a public, immediate, and

24 unequivocal renunciation from the leaders of the
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1 People’s Republic of China of any threat or use of

2 force against Taiwan;

3 (3) the President should affirm with the leaders

4 of the People’s Republic of China that there will not

5 be a quid pro quo between the dismantling of mis6 siles aimed at Taiwan by the People’s Republic of

7 China, and arms sales to Taiwan by the United

8 States;

9 (4) China should dismantle the missiles that

10 threaten Taiwan, otherwise the President should au11 thorize the sale of the Aegis system to Taiwan,

12 which would enable Taiwan to defend itself against

13 the threat of a missile attack by China; and

14 (5) the future of Taiwan should be determined

15 peacefully and with the express consent of the people

16 of Taiwan.

17 SEC. 738. SENSE OF CONGRESS IN APPRECIATION OF THE

18 ARMED FORCES OF THE UNITED STATES AND

19 REGARDING RESTORING STABILITY AND SE20 CURITY IN IRAQ.

21 (a) FINDINGS.—The Congress makes the following

22 findings:

23 (1) The United States, with the support of

24 forces from Great Britain and other countries, his-
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1 torically and courageously liberated Iraq in three

2 weeks.

3 (2) Conditions on the ground in parts of Iraq

4 continue to pose a grave threat to American troops,

5 thereby complicating efforts to restore law and order

6 and essential public services for Iraqis. Such efforts

7 are further complicated by the absence of effective

8 communications with the Iraqi people.

9 (3) Ultimately, maintaining law and order in

10 Iraq and preserving its territorial integrity will re11 quire the creation of a professionally trained Iraqi

12 police force and a reformed Iraqi military; however,

13 that will take a significant amount of time and in

14 the meantime international armed forces and police

15 must assume these responsibilities.

16 (4) Approximately 145,000 United States

17 troops are currently deployed in Iraq, meaning that

18 American troops comprise roughly 90 percent of Co19 alition forces. If, as the Department of Defense has

20 stated, an additional 10,000 international troops

21 join the Coalition effort in Iraq by September,

22 Americans will still comprise roughly 85 percent of

23 Coalition forces.

24 (5) Maintaining the existing force level in Iraq

25 currently requires $3,900,000,000 each month.
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1 (6) The Department of Defense has stated that

2 it will require one year to train a new Iraqi Army

3 of 12,000 soldiers and three years to train 40,000

4 soldiers.

5 (7) The Coalition Provisional Authority has

6 stated that it will require at least one year to recruit

7 and train a police force of 40,000 officers capable of

8 assuming minimal policy functions in Iraq, that it

9 will require five years to recruit and train a full

10 force of 75,000 officers, and that at least 5500 addi11 tional international police are needed to train, assist,

12 and jointly patrol with the existing Iraqi police force.

13 (8) President Bush has noted that ‘‘The rise of

14 Iraq, as an example of moderation and democracy

15 and prosperity, is a massive and long-term under16 taking,’’ and it is clear that increasing the number

17 of troops and police from countries other than the

18 United States will reduce risks to American soldiers

19 and the financial cost to the United States.

20 (9) Secretary Rumsfeld testified that ‘‘We cer21 tainly want assistance from NATO and from NATO

22 countries’’ and it is clear that involving the North

23 Atlantic Treaty Organization, as is being done in Af24 ghanistan and has been done in Kosovo and Bosnia,

25 allows the Coalition to maintain a robust military
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1 presence while decreasing the exposure and risk to

2 American troops.

3 (10) Rebuilding Iraq’s neglected infrastructure

4 and economy and administering Iraq—including pro5 viding basic services and paying public sector sala6 ries—is likely to require tens of billions of dollars

7 over several years and projected Iraqi oil revenues

8 will be insufficient to meet these costs.

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that—

11 (1) it is in the national security interests of the

12 United States to remain engaged in Iraq in order to

13 ensure a peaceful, stable, unified Iraq with a rep14 resentative government;

15 (2) the President should consider requesting

16 formally and expeditiously that the North Atlantic

17 Treaty Organization (NATO) raise a force for de18 ployment in post-war Iraq similar to what it has

19 done in Afghanistan, Bosnia, and Kosovo and the

20 Congress urges NATO allies and other nations to

21 provide troops and police to Coalition efforts in Iraq;

22 and

23 (3) the President should consider calling on the

24 United Nations to urge its member states to provide

25 military forces and civilian police to promote sta-
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1 bility and security in Iraq and resources to help re2 build and administer Iraq.

3 SEC. 739. ATTACKS ON UNITED STATES CITIZENS BY PALES4 TINIAN TERRORISTS.

5 (a) FINDINGS.—Congress finds the following:

6 (1) Since Yasser Arafat renounced violence in

7 the Oslo Peace Accords on September 13, 1993, at

8 least 41 United States citizens have been murdered

9 by Palestinian terrorists and one United States cit10 izen miscarried after being stabbed in a Palestinian

11 terrorist attack.

12 (2) On December 1, 1993, in a drive-by shoot13 ing north of Jerusalem, Hamas killed United States

14 citizen Yitzhak Weinstock, 19, whose family came

15 from Los Angeles.

16 (3) On October 9, 1994, Hamas kidnapped and

17 murdered United States citizen Nachshon

18 Wachsman, 19, whose family came from New York

19 City.

20 (4) On April 9, 1995, an Islamic Jihad bomb

21 attack on a bus near Kfar Darom killed United

22 States citizen Alisa Flatow, 20, from West Orange,

23 New Jersey.
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1 (5) On August 21, 1995, in a Hamas bus

2 bombing in Jerusalem, United States citizen Joan

3 Davenny, from New Haven, Connecticut, was killed.

4 (6) On September 9, 1995, Mara Frey of Chi5 cago was stabbed in Ma’ale Michmash resulting in

6 her unborn child’s death.

7 (7) On February 25, 1996, three United States

8 citizens, Sara Duker of Teaneck, New Jersey, Mat9 thew Eisenfeld of West Hartford, Connecticut, and

10 Ira Weinstein of New York City, were killed in a

11 Hamas bus bombing in Jerusalem.

12 (8) On May 13, 1996, United States citizen

13 David Boim, 17, of New York City, was killed in a

14 drive-by shooting near Beit El, north of Jerusalem.

15 (9) On June 9, 1996, United States citizen

16 Yaron Ungar was killed in a drive by-shooting near

17 Beit Shemesh.

18 (10) On July 30, 1997, United States citizen

19 Leah Stern of Passaic, New Jersey, was killed in a

20 Hamas bombing in Jerusalem’s Mahane Yehuda

21 market.

22 (11) On September 4, 1997, a Hamas bombing

23 on Ben-Yehuda Street, Jerusalem, killed Yael

24 Botwin, 14, of Los Angeles.
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1 (12) On April 19, 1998, an attack near the

2 Israeli town of Maon killed United States citizen

3 Dov Dribben, 28.

4 (13) On October 8, 2000, Rabbi Hillel

5 Lieberman, 36, of New York City, was stabbed and

6 killed near Nablus.

7 (14) On October 30, 2000, United States cit8 izen Esh-Kodesh Gilmore, 25, was shot in Jeru9 salem.

10 (15) On December 31, 2000, Rabbi Binyamin

11 Kahane, 34, and his wife, Talia Hertzlich Kahane,

12 both formerly of New York City, were killed in a

13 drive-by shooting near Ofra.

14 (16) On May 9, 2001, Jacob ‘‘Koby’’ Mandell,

15 13, of Silver Spring, Maryland, was killed in an at16 tack near Tekoah.

17 (17) On May 29, 2001, Sarah Blaustein, 53, of

18 Lawrence, New York, was killed in a drive-by shoot19 ing near Efrat.

20 (18) On August 9, 2001, two United States

21 citizens, Judith L. Greenbaum, 31, and Malka Roth,

22 15, were killed in the Jerusalem Sbarro pizzeria

23 bombing.
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1 (19) On November 4, 2001, Shoshana Ben2 Yishai, 16, of New York City, was shot and killed

3 during an attack on a Jerusalem bus.

4 (20) On January 15, 2002, Avraham Boaz, 72,

5 of New York City, was killed in a shooting near

6 Bethlehem.

7 (21) On January 18, 2002, United States cit8 izen Aaron Elis, 32, was killed in a shooting in

9 Hadera.

10 (22) On February 15, 2002, United States cit11 izen Lee Akunis, was shot and killed near Ramallah.

12 (23) On February 16, 2002, Keren Shatsky,

13 14, of New York City and Maine, and Rachel

14 Thaler, 16, of Baltimore, Maryland, were killed in a

15 bombing in Karnei Shomron.

16 (24) On February 25, 2002, United States cit17 izen Moran Amit, 25, was stabbed and killed in Abu

18 Tor Peace Forest, Jerusalem.

19 (25) On March 24, 2002, Esther Kleinman, 23,

20 formerly of Chicago, was shot and killed near Ofra.

21 (26) On March 27, 2002, United States citizen

22 Hannah Rogen, 90, was killed in a bombing at a

23 hotel Passover seder in Netanya.
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1 (27) On June 18, 2002, Moshe Gottlieb, 70, of

2 Los Angeles, was killed in a bus bombing in Jeru3 salem.

4 (28) On June 19, 2002, United States citizen

5 Gila Sara Kessler, 19, was killed in a bombing at a

6 Jerusalem bus stop.

7 (29) On July 31, 2002, five United States citi8 zens were killed in a bombing of a Hebrew Univer9 sity cafeteria: Marla Bennett, 24, of San Diego,

10 Benjamin Blutstein, 25, of Susquehanna Township,

11 Pennsylvania, Janis Ruth Coulter, 36, of Massachu12 setts, David Gritz, 24, of Peru, Massachusetts (and

13 of dual French-United States citizenship), and Dina

14 Carter, 37, of North Carolina.

15 (30) On March 5, 2003, Abigail Leitel, 14, who

16 was born in Lebanon, New Hampshire, died in a bus

17 bombing in Haifa.

18 (31) On March 7, 2003, United States citizens

19 Rabbi Eli Horowitz, 52, who grew up in Chicago,

20 and Dina Horowitz, 50, who grew up in Florida,

21 were killed in their home.

22 (32) On June 11, 2003, United States citizen

23 Alan Beer, 47, who grew up in Cleveland, was killed

24 in bus bombing in Jerusalem.
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1 (33) On June 20, 2003, United States citizen

2 Tzvi Goldstein, 47, originally from New York City,

3 was shot and killed in an attack while driving

4 through the West Bank.

5 (34) At least another 79 United States citizens

6 have been injured in Palestinian terrorist attacks.

7 (b) STATEMENTS OF POLICY.—Congress—

8 (1) condemns the attacks on United States citi9 zens by Palestinian terrorists;

10 (2) calls on the Palestinian Authority to work

11 with Israel to protect all innocent individuals, re12 gardless of citizenship, from terrorist atrocities;

13 (3) offers its condolences to the families and

14 loved ones of United States citizens who were killed

15 by Palestinian terrorist attacks; and

16 (4) calls on the Secretary of State to include a

17 listing of the killing of every United States citizen

18 by terrorists in the ‘‘Chronology of Significant Ter19 rorist Incidents’’, as included in the Department of

20 State’s Patterns of Global Terrorism Report issued

21 after the date of the enactment of this Act.
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1 SEC. 740. SENSE OF CONGRESS AND REPORT CONCERNING

2 WASTEWATER TREATMENT AND THE INTER3 NATIONAL BOUNDARY AND WATER COMMIS4 SION, UNITED STATES AND MEXICO.

5 (a) FINDINGS.—The Congress finds as follows:

6 (1) The failure by the International Boundary

7 and Water Commission, United States and Mexico,

8 to complete negotiations on a new Treaty Minute

9 with Mexico, as directed by Congress in Public Law

10 106–457, has endangered the health of the residents

11 of San Diego County.

12 (2) The continued flow of Mexican sewage on

13 San Diego, California, beaches has caused extensive

14 and persistent beach closings thereby causing eco15 nomic hardship to the local economy.

16 (3) The International Boundary and Water

17 Commission has shown insignificant progress in ne18 gotiations with Mexico.

19 (b) SENSE OF CONGRESS.—It is the sense of the

20 Congress that the United States Section of the Inter21 national Boundary and Water Commission shall make

22 treaty negotiations with Mexico on the establishment of

23 a public-private partnership to construct and operate a

24 wastewater treatment facility in Mexico as outlined in

25 Public Law 106–457 a priority.
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1 (c) REPORT TO CONGRESS.—The United States Sec2 tion of the International Boundary and Water Commis3 sion, United States and Mexcio, shall submit monthly re4 ports to the appropriate congressional committees con5 cerning progress in negotiations on a new Treaty Minute

6 with Mexico.

7 SEC. 741. SENSE OF CONGRESS REGARDING ALLOCATION

8 OF RESOURCES FOR THE DEPARTMENT OF

9 STATE AS THE CENTRAL AUTHORITY FOR

10 THE UNITED STATES UNDER THE HAGUE

11 CONVENTION ON INTERCOUNTRY ADOPTION.

12 It is the sense of the Congress that the Department

13 of State should direct significant resources to their new

14 role as the central authority for the United States under

15 the Hague Convention on Intercountry Adoption.

16 SEC. 742. TRANSFER OF VIETNAM-ERA CESSNA L–19D BIRD

17 DOG AIRCRAFT TO ARMY AVIATION HERIT18 AGE FOUNDATION.

19 (a) AUTHORITY TO CONVEY.—The Secretary of

20 State may convey, without consideration, to the Army

21 Aviation Heritage Foundation, a nonprofit organization

22 incorporated in the State of Georgia, all right, title, and

23 interest of the United States in and to a Vietnam-era

24 Cessna L–19D Bird Dog aircraft (serial No. 24020, Na25 tional registration number N32FL)(in this section re-
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•HR 1950 EH

1 ferred to as the ‘‘aircraft’’) that is excess to the needs

2 of the Department of State. The conveyance shall be made

3 by means of a conditional deed of gift

4 (b) CONDITION OF AIRCRAFT.—The aircraft shall be

5 conveyed in its current ‘‘as is’’ condition. The Secretary

6 is not required to repair or alter the condition of the air7 craft before conveying ownership of the aircraft.

8 (c) CONDITION ON CONVEYANCE.—The Secretary

9 shall include in the instrument of conveyance of the air10 craft the following conditions:

11 (1) The Army Aviation Heritage Foundation

12 may not convey any ownership interest in, or trans13 fer possession of, the aircraft to any other party

14 without the prior approval of the Secretary.

15 (2) The Army Aviation Heritage Foundation

16 shall operate and maintain the aircraft in compli17 ance with all applicable limitations and maintenance

18 requirements imposed by the Administrator of the

19 Federal Aviation Administration.

20 (d) REVERTER UPON BREACH OF CONDITIONS.—If

21 the Secretary determines at any time that the Army Avia22 tion Heritage Foundation has conveyed an ownership in23 terest in, or transferred possession of, the aircraft to any

24 other party without the prior approval of the Secretary,

25 all right, title, and interest in and to the aircraft, including
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1 any repair or alteration of the aircraft, shall revert to the

2 United States, and the United States shall have the right

3 of immediate possession of the aircraft.

4 (e) CONVEYANCE AT NO COST TO THE UNITED

5 STATES.—The conveyance of the aircraft shall be made

6 at no cost to the United States. Any costs associated with

7 the conveyance and costs of operation and maintenance

8 of the aircraft conveyed shall be borne by the Army Avia9 tion Heritage Foundation.

10 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec11 retary may require such additional terms and conditions

12 in connection with a conveyance under this section as the

13 Secretary considers appropriate to protect the interests of

14 the United States.

15 (g) CLARIFICATION OF LIABILITY.—Notwithstanding

16 any other provision of law, upon the conveyance of owner17 ship of the aircraft to the Army Aviation Heritage Foun18 dation, the United States shall not be liable for any death,

19 injury, loss, or damage that results from any use of that

20 aircraft by any person other than the United States.

21 SEC. 743. STATEMENT OF POLICY RELATING TO DEMOC22 RACY IN IRAN.

23 (a) FINDINGS.—Congress finds the following:

24 (1) Iran is neither free nor democratic. Men

25 and women are not treated equally in Iran, women
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1 are legally deprived of internationally recognized

2 human rights, and religious freedom is not respected

3 under the laws of Iran. Undemocratic institutions,

4 such as the Guardians Council, thwart the decisions

5 of elected leaders.

6 (2) The April 2003 report of the Department of

7 State states that Iran remained the most active

8 state sponsor of terrorism in 2002.

9 (3) That report also states that Iran continues

10 to provide funding, safe-haven, training and weapons

11 to known terrorist groups, notably Hizballah,

12 HAMAS, the Palestine Islamic Jihad, and the Pop13 ular Front for the Liberation of Palestine.

14 (b) POLICY.—It is the policy of the United States

15 that—

16 (1) currently, there is not a free and fully

17 democratic government in Iran;

18 (2) the United States supports transparent, full

19 democracy in Iran;

20 (3) the United States supports the rights of the

21 Iranian people to choose their system of government;

22 and

23 (4) the United States condemns the brutal

24 treatment, imprisonment and torture of Iranian ci25 vilians expressing political dissent.
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1 SEC. 744. SENSE OF CONGRESS REGARDING THE EXTRA2 DITION OF VIOLENT CRIMINALS FROM MEX3 ICO TO THE UNITED STATES.

4 (a) FINDINGS.—The Congress finds as follows:

5 (1) The Mexican Supreme Court ruled in Octo6 ber 2001 that Mexico will not extradite criminals

7 who face life sentences in the United States.

8 (2) Due to this ruling, the United States has

9 been unable to prosecute numerous suspects wanted

10 for violent crimes that they committed in the United

11 States if there is a possibility that these criminals

12 will face life imprisonment.

13 (3) The person or persons responsible for the

14 April 29, 2002, murder of Los Angeles County Sher15 iff Deputy David March is believed to have fled to

16 Mexico to avoid prosecution for a possible life im17 prisonment.

18 (4) The attorneys general from all 50 States

19 have asked United States Attorney General John

20 Ashcroft and Secretary of State Colin Powell to con21 tinue to address this extradition issue with their

22 counterparts in Mexico.

23 (5) The Governments of the United States and

24 Mexico have experienced positive cooperation on nu25 merous matters relevant to their bilateral relation26 ship.
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1 (6) The Mexican Minister of Foreign Affairs

2 has been demonstrating to the Mexican Supreme

3 Court the international ramifications of the Court’s

4 October 2001 ruling.

5 (b) SENSE OF CONGRESS.—It is the sense of Con6 gress that the United States Government should encour7 age the Mexican Government to work closely with the

8 Mexican Supreme Court to persuade the Court to recon9 sider its October 2001 ruling so that the possibility of life

10 imprisonment will not have an effect on the timely extra11 dition of criminal suspects from Mexico to the United

12 States.

13 DIVISION D—DEFENSE TRADE

14 AND SECURITY ASSISTANCE

15 REFORM ACT OF 2003

16 TITLE X—GENERAL PROVISIONS

17 SEC. 1001. SHORT TITLE.

18 This division may be cited as the ‘‘Defense Trade and

19 Security Assistance Reform Act of 2003’’.

20 SEC. 1002. DEFINITIONS.

21 Except as otherwise provided, in this division:

22 (1) DEFENSE ARTICLES.—The term ‘‘defense

23 articles’’ has the meaning given the term in section

24 47(7)(A) of the Arms Export Control Act (as

25 amended by section 1107(d) of this Act).
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1 (2) DEFENSE SERVICES.—The term ‘‘defense

2 services’’ has the meaning given the term in section

3 47(7)(B) of the Arms Export Control Act (as

4 amended by section 1107(d) of this Act).

5 (3) DUAL USE.—The term ‘‘dual use’’ means,

6 with respect to goods or technology, those goods or

7 technology that are specifically designed or devel8 oped for civil purposes but which also may be used

9 or deployed in a military mode.

10 (4) EXPORT ADMINISTRATION REGULATIONS.—

11 The term ‘‘Export Administration Regulations’’

12 means those regulations contained in sections 730–

13 774 of title 15, Code of Federal Regulations (or suc14 cessor regulations).

15 (5) GOOD.—The term ‘‘good’’ has the meaning

16 given the term in section 16(3) of the Export Ad17 ministration Act of 1979 (50 U.S.C. App. 2415(3)).

18 (6) INTERNATIONAL TRAFFIC IN ARMS REGULA19 TIONS.—The term ‘‘International Traffic in Arms

20 Regulations’’ means those regulations contained in

21 sections 120–130 of title 22, Code of Federal Regu22 lations (or successor regulations).

23 (7) MISSILE TECHNOLOGY CONTROL REGIME;

24 MTCR.—The term ‘‘Missile Technology Control Re25 gime’’ or ‘‘MTCR’’ has the meaning given the term
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1 in section 11B(c)(2) of the Export Administration

2 Act of 1979 (50 U.S.C. App. 2401b(c)(2)).

3 (8) MISSILE TECHNOLOGY CONTROL REGIME

4 ANNEX; MTCR ANNEX.—The term ‘‘Missile Tech5 nology Control Regime Annex’’ or ‘‘MTCR Annex’’

6 has the meaning given the term in section 11B(c)(4)

7 of the Export Administration Act of 1979 (50

8 U.S.C. App. 2401b(c)(4)).

9 (9) OPERATION IRAQI FREEDOM.—The term

10 ‘‘Operation Iraqi Freedom’’ means operations of

11 United States Armed Forces, the armed forces of

12 the United Kingdom, and the armed forces of other

13 coalition member countries initiated on or about

14 March 19, 2003—

15 (A) to disarm Iraq of its weapons of mass

16 destruction;

17 (B) to enforce United Nations Security

18 Council Resolution 1441 (November 8, 2002)

19 and other relevant Security Council resolutions

20 with respect to Iraq; and

21 (C) to liberate the people of Iraq from the

22 regime of Saddam Hussein.

23 (10) TECHNOLOGY.—The term ‘‘technology’’

24 has the meaning given the term in section 16(4) of
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1 the Export Administration Act of 1979 (50 U.S.C.

2 App. 2415(4)).

3 SEC. 1003. REFERENCES TO ARMS EXPORT CONTROL ACT.

4 Except as otherwise specifically provided, whenever in

5 this division an amendment is expressed in terms of an

6 amendment to a section or other provision, the reference

7 shall be considered to be made to that section or other

8 provision of the Arms Export Control Act (22 U.S.C. 2751

9 et seq.).

10 TITLE XI—TERRORIST-RELATED

11 PROHIBITIONS AND EN12 FORCEMENT MEASURES

13 SEC. 1101. ELIGIBILITY PROVISIONS.

14 (a) INELIGIBILITY FOR TERRORIST RELATED

15 TRANSACTIONS.—Section 3(c)(1) (22 U.S.C. 2753(c)(1))

16 is amended—

17 (1) in each of subparagraphs (A) and (B), by

18 striking ‘‘or any predecessor Act,’’ and inserting ‘‘,

19 any predecessor Act, or licensed or approved under

20 section 38 of this Act, to carry out a transaction

21 with a country, the government of which the Sec22 retary of State has determined is a state sponsor of

23 international terrorism for purposes of section

24 6(j)(1) of the Export Administration Act of 1979
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•HR 1950 EH

1 (50 U.S.C. App. 2405(j)(1)), or otherwise uses such

2 defense articles or defense services’’; and

3 (2) by adding at the end the following:

4 ‘‘(C) In this section, the term ‘transaction’ means the

5 taking of any action, directly or indirectly, by a foreign

6 country that would be a transaction prohibited by section

7 40 of this Act with respect to the United States Govern8 ment and United States persons.’’.

9 (b) REPORTING REQUIREMENT.—Section 3(e) (22

10 U.S.C. 2753(e)) is amended by inserting after ‘‘the For11 eign Assistance Act of 1961,’’ the following: ‘‘regardless

12 of whether the article or service has been sold or otherwise

13 furnished by the United States Government or licensed

14 under section 38 of this Act,’’.

15 SEC. 1102. WEAPONS TRANSFERS TO FOREIGN PERSONS IN

16 THE UNITED STATES.

17 Section 38(a)(1) (22 U.S.C. 2778(a)(1)) is amended

18 in the first sentence by inserting after ‘‘import and the

19 export of defense articles and defense services’’ the fol20 lowing: ‘‘, or the transfer of such articles, other than fire21 arms (or ammunition, components, parts, accessories, or

22 attachments for firearms), and services within the United

23 States to foreign persons,’’.
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1 SEC. 1103. COORDINATION OF LICENSE EXEMPTIONS WITH

2 UNITED STATES LAW ENFORCEMENT AGEN3 CIES.

4 (a) SENSE OF CONGRESS.—In view of the historic

5 difficulties in the enforcement of the Arms Export Control

6 Act (22 U.S.C. 2751 et seq.) associated with violations

7 involving exports of defense articles and defense services

8 that have been exempted by regulation from the licensing

9 requirements of section 38 of such Act, it is the sense of

10 Congress that the establishment of new exemptions by reg11 ulation should only be undertaken after careful coordina12 tion with the appropriate United States law enforcement

13 agencies.

14 (b) AMENDMENT.—Section 38(b)(2) (22 U.S.C.

15 2778(b)(2)) is amended by adding at the end the following

16 new sentences: ‘‘In promulgating regulations under sub17 section (a)(1) in accordance with the preceding sentence,

18 any provision in such regulations that permits the export

19 of defense articles or defense services without a license

20 shall include a determination by the Attorney General, in

21 consultation with the Secretary of Homeland Security and

22 the Director of the Federal Bureau of Investigation, that

23 the compilation and maintenance of sufficient documenta24 tion relating to the export without a license of the articles

25 or services is ensured, notwithstanding the absence of a

26 license, to facilitate law enforcement efforts to detect, pre-
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•HR 1950 EH

1 vent, and prosecute criminal violations of any provision of

2 this section, section 39, or section 40 of this Act, including

3 the efforts on the part of countries and factions engaged

4 in international terrorism to illicitly acquire defense arti5 cles and defense services. No defense article or defense

6 service designated by the President under subsection

7 (a)(1) may be exported without a license pursuant to a

8 regulation under subsection (a)(1) that is promulgated on

9 or after January 1, 2003, until 30 days after the date

10 on which the President provides notice of the proposed

11 regulation to the Committee on International Relations of

12 the House of Representatives and to the Committee on

13 Foreign Relations of the Senate in accordance with the

14 procedures applicable to reprogramming notifications

15 under section 634A(a) of the Foreign Assistance Act of

16 1961, including a description of the criteria that would

17 be used to permit the export of the article or service and

18 any measures to facilitate law enforcement efforts associ19 ated with the Attorney General’s determination required

20 by the preceding sentence.’’.

21 SEC. 1104. MECHANISMS TO IDENTIFY PERSONS IN VIOLA22 TION OF CERTAIN PROVISIONS OF LAW.

23 Section 38(g)(1)(A) (22 U.S.C. 2778(g)(1)(A)) is

24 amended—

25 (1) in clause (iii)—
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1 (A) by striking ‘‘or section 2339A’’ and in2 serting ‘‘, section 2339A’’; and

3 (B) by inserting at the end before the

4 comma the following: ‘‘, or section 2339C of

5 such title (relating to financing terrorism)’’;

6 (2) in clause (x), by striking ‘‘or’’ at the end;

7 (3) in clause (xi), by striking the semicolon at

8 the end and inserting a comma; and

9 (4) by adding at the end the following:

10 ‘‘(xii) subclause (I) or (II) of section

11 1956(c)(7)(B)(v) of title 18, United States

12 Code;

13 ‘‘(xiii) section 329 of the Uniting and

14 Strengthening America by Providing Appro15 priate Tools Required to Intercept and Obstruct

16 Terrorism (USA PATRIOT ACT) Act of 2001;

17 ‘‘(xiv) section 5332 of title 31, United

18 States Code;

19 ‘‘(xv) section 1960 of title 18, United

20 States Code;

21 ‘‘(xvi) section 175(b), 175b, 1993, 2339 of

22 title 18, United States Code;

23 ‘‘(xvii) section 2332a, 2332b, or 2332f of

24 title 18, United States Code; or
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1 ‘‘(xviii) section 175 of title 18, United

2 States Code;’’.

3 SEC. 1105. COMPREHENSIVE NATURE OF UNITED STATES

4 ARMS EMBARGOES.

5 (a) FINDINGS; SENSE OF CONGRESS.—

6 (1) FINDINGS.—Congress finds that—

7 (A) governments to which the United

8 States Government prohibits by law or policy

9 the transfer of implements of war, including

10 material, components, parts, and other defense

11 articles and defense services (as defined in

12 paragraphs (3) and (4) of section 47 of the

13 Arms Export Control Act, respectively) continue

14 to seek to evade these embargoes through in15 creasingly sophisticated illegal acquisitions via

16 the ‘‘international gray arms market’’ and by

17 seeking to exploit weaknesses in the export con18 trol system of the United States and its friends

19 and allies; and

20 (B) the strict and comprehensive applica21 tion of arms embargoes referred to in subpara22 graph (A) including those embargoes estab23 lished by the United Nations Security Council

24 is of fundamental importance to the security
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1 and foreign policy interests of the United

2 States.

3 (2) SENSE OF CONGRESS.—It is the sense of

4 Congress that the United States Government should

5 continue to provide a leadership role internationally

6 in ensuring the effectiveness of arms embargoes re7 ferred to in paragraph (1).

8 (b) SCOPE OF EMBARGOES.—Section 38 (22 U.S.C.

9 2778) is amended by adding at the end the following:

10 ‘‘(k) Whenever the United States maintains an arms

11 embargo pursuant to United States law, or through public

12 notice by the President or Secretary of State pursuant to

13 the authorities of this Act, no defense article or defense

14 service subject to sections 120–130 of title 22, Code of

15 Federal Regulations (commonly known as the ‘Inter16 national Traffic in Arms Regulations’) and no dual use

17 good or technology subject to sections 730–774 of title 15,

18 Code of Federal Regulations (commonly known as the ‘Ex19 port Administration Regulations’) shall be sold or trans20 ferred to the military, police, or intelligence services of the

21 embargoed government, including any associated govern22 mental agency, subdivision, entity, or other person acting

23 on their behalf, unless, at a minimum and without preju24 dice to any additional requirements established in United

25 States law or regulation, the Secretary of State and the
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1 Secretary of Defense have concurred in the sale or trans2 fer through issuance of a license.’’.

3 (c) ESTABLISHMENT OF CONTROLS.—The Secretary

4 shall consult with the Secretary of Commerce to ensure

5 the establishment of appropriate foreign policy and na6 tional security controls and license requirements under the

7 Export Administration Regulations in order to ensure the

8 effective implementation of section 38(k) of the Arms Ex9 port Control Act, as added by subsection (b).

10 (d) REPORT.—Not later than 120 days after the date

11 of the enactment of this Act, the Secretary shall submit

12 to the appropriate congressional committees a report that

13 describes the actions taken to implement the requirements

14 of subsection (c).

15 SEC. 1106. TRANSACTIONS WITH COUNTRIES SUPPORTING

16 ACTS OF INTERNATIONAL TERRORISM.

17 Section 40(l)(1) (22 U.S.C. 2780(l)(1)) is amended

18 by striking ‘‘any item enumerated on the United States

19 Munitions List’’ and inserting ‘‘a defense article or de20 fense service (as defined in subparagraph (A) or (B) of

21 section 47(7), respectively), an item enumerated on the

22 United States Munitions List (as designated by the Presi23 dent pursuant to section 38(a)), or any other activity for

24 which a license or other approval is required pursuant to

25 the regulations promulgated under subsection (a)(1)’’.
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1 SEC. 1107. AMENDMENTS TO CONTROL OF ARMS EXPORTS

2 AND IMPORTS.

3 (a) REVISION OF STANDARD FOR VIOLATION;

4 AMOUNT OF PENALTIES.—Section 38(c) (22 U.S.C.

5 2778(c)) is amended—

6 (1) by striking ‘‘willfully’’ each place it appears

7 and inserting ‘‘knowingly’’;

8 (2) by striking ‘‘this section or section 39’’ and

9 inserting ‘‘this section, section 39, or section 40’’;

10 and

11 (3) by striking ‘‘$1,000,000’’ and inserting

12 ‘‘$1,000,000 (in the case of a violation of this sec13 tion or section 39), $2,000,000 (in the case of a vio14 lation involving any country covered by section 40),

15 and $1,500,000 (in the case of a violation involving

16 any country other than a country covered by section

17 40 that is subject by United States law or policy to

18 an arms embargo)’’.

19 (b) CIVIL PENALTIES.—Section 38(e) (22 U.S.C.

20 2778(e)) is amended in the third sentence by striking

21 ‘‘under this section may not exceed $500,000’’ and insert22 ing ‘‘or any other activities subject to control under this

23 section, section 39, or section 40, may not exceed

24 $500,000 for each violation of section 38 or section 39,

25 $1,000,000 for each violation involving any country cov26 ered by section 40, and $750,000 for each violation relat-
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1 ing to an arms embargo (other than a violation covered

2 by section 40)’’.

3 (c) REVISION OF STANDARD FOR VIOLATION; CRIMI4 NAL PENALTY; CIVIL PENALTIES; ENFORCEMENT.—Sec5 tion 40 (22 U.S.C. 2780) is amended—

6 (1) in subsection (j)—

7 (A) by striking ‘‘willfully’’ and inserting

8 ‘‘knowingly’’; and

9 (B) by striking ‘‘$1,000,000’’ and insert10 ing ‘‘$2,000,000’’; and

11 (2) in subsection (k), by striking ‘‘$500,000’’

12 and inserting ‘‘$1,000,000’’.

13 (d) DEFINITIONS.—Section 47(7) (22 U.S.C.

14 2794(7)) is amended to read as follows:

15 ‘‘(7)(A) ‘defense articles’, with respect to ex16 ports subject to sections 38, 39, and 40 of this Act,

17 has the meaning given such term in sections 120–

18 130 of title 22, Code of Federal Regulations (com19 monly known as the ‘International Traffic in Arms

20 Regulations’), as such regulations were in effect on

21 January 1, 2003, and includes such additional arti22 cles as may be designated by the President under

23 section 38(a)(1); and

24 ‘‘(B) ‘defense services’, with respect to exports

25 subject to sections 38, 39, and 40 of this Act, has
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1 the meaning given such term in sections 120–130 of

2 title 22, Code of Federal Regulations (commonly

3 known as the ‘International Traffic in Arms Regula4 tions’), as such regulations were in effect on Janu5 ary 1, 2003, and includes—

6 ‘‘(i) the provision of assistance (including

7 aiding, abetting, or training) to foreign persons;

8 and

9 ‘‘(ii) such other activities as may be des10 ignated by the President pursuant to section

11 38(a)(1).’’.

12 SEC. 1108. HIGH RISK EXPORTS AND END USE

13 VERIFICATION.

14 Section 38(g)(7) (22 U.S.C. 2778) is amended by

15 adding at the end the following new sentence: ‘‘Such

16 standards shall be coordinated biennially with the Sec17 retary of Homeland Security, the Attorney General, the

18 Director of the Federal Bureau of Investigation, the Di19 rector of Central Intelligence, and the heads of other Fed20 eral departments or agencies, as appropriate.’’.

21 SEC. 1109. CONCURRENT JURISDICTION OF THE FEDERAL

22 BUREAU OF INVESTIGATION.

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that, in view of the responsibilities of the Federal

25 Bureau of Investigation for protecting the United States
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1 against terrorist attack, foreign intelligence operations,

2 high technology crimes, and transnational criminal organi3 zations and enterprises, the Federal Bureau of Investiga4 tion should be provided authority to investigate and en5 force violations of the Arms Export Control Act without

6 adversely affecting the existing authority of the Bureau

7 of Customs and Border Protection of the Department of

8 Homeland Security.

9 (b) COPY OF REGISTRATION.—Section 38(b)(1) (22

10 U.S.C. 2778(b)) is amended—

11 (1) by redesignating the second subparagraph

12 (B) as subparagraph (C); and

13 (2) in subparagraph (B)—

14 (A) in the first sentence, by inserting ‘‘and

15 the Director of the Federal Bureau of Inves16 tigation’’ after ‘‘Secretary of Treasury’’; and

17 (B) in the second sentence, by inserting

18 ‘‘and the Director’’ after ‘‘The Secretary’’.

19 (c) JURISDICTION OF FBI AND BUREAU OF CUS20 TOMS.—Section 38(e) (22 U.S.C. 2778(e)) is amended in

21 the first sentence by adding at the end before the period

22 the following: ‘‘, and except further, that the Federal Bu23 reau of Investigation and the Bureau of Customs and Bor24 der Protection of the Department of Homeland Security
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1 shall have concurrent jurisdiction for criminal violations

2 and enforcement of this Act’’.

3 (d) MECHANISMS TO IDENTIFY PERSONS IN VIOLA4 TION OF CERTAIN PROVISIONS OF LAW.—Section 38(g)

5 (22 U.S.C. 2778(g)) is amended in the second sentence

6 of paragraph (3), in paragraph (4), and in paragraph (8)

7 by inserting ‘‘and the Director of the Federal Bureau of

8 Investigation’’ after ‘‘Secretary of Treasury’’.

9 SEC. 1110. REPORT ON FOREIGN-SUPPLIED DEFENSE ARTI10 CLES, DEFENSE SERVICES, AND DUAL USE

11 GOODS AND TECHNOLOGY DISCOVERED IN

12 IRAQ.

13 (a) REPORT.—

14 (1) IN GENERAL.—Not later than 180 days

15 after the date of the enactment of this Act, and on

16 annual basis thereafter as appropriate, the President

17 shall prepare and transmit to the congressional com18 mittees specified in paragraph (2) a written report

19 on foreign-supplied defense articles, defense services,

20 and dual use goods and technology supplied to Iraq

21 since the adoption of United Nations Security Coun22 cil Resolution 687 (April 3, 1991) and discovered in

23 Iraq since the inception of Operation Iraqi Freedom

24 or identified as having been in Iraq at any time

25 since April 3, 1991, and not destroyed or otherwise
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1 accounted for by the United Nations Special Com2 mission (UNSCOM) or the United Nations Moni3 toring, Verification and Inspection Commission

4 (UNMOVIC).

5 (2) CONGRESSIONAL COMMITTEES SPECI6 FIED.—The congressional committees referred to in

7 paragraph (1) are—

8 (A) the Committee on International Rela9 tions and the Committee on Armed Services of

10 the House of Representatives; and

11 (B) the Committee on Foreign Relations

12 and the Committee on Armed Services of the

13 Senate.

14 (b) CONTENTS.—The report required by subsection

15 (a) shall include information on defense articles, defense

16 services, and dual use goods and technology discovered in

17 accordance with such subsection, including a description

18 of such articles, services, and goods and technology by cat19 egory or type, quantity, country of origin (if known), man20 ufacturer (if known), date of acquisition (if known), and,

21 in the case of dual use goods and technology, the use or

22 intended use or deployment (if known) and whether the

23 goods or technology are covered by any arms control

24 agreement or nonproliferation arrangement to which the

25 United States is a party.
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1 (c) FORM.—The report required by subsection (a)

2 shall be transmitted in unclassified form to the maximum

3 extent practicable, but may contain a classified annex if

4 necessary.

5 TITLE XII—STRENGTHENING

6 MUNITIONS EXPORT CONTROLS

7 SEC. 1201. CONTROL OF ITEMS ON MISSILE TECHNOLOGY

8 CONTROL REGIME ANNEX.

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that all proposals to export or transfer to foreign

11 persons by other means, whether in the United States or

12 abroad, and any other activities subject to regulation

13 under section 38, 39, or 40 of the Arms Export Control

14 Act, relating to items on the Missile Technology Control

15 Regime Annex, should be accorded stringent control and

16 scrutiny consistent with the purposes of section 71 of the

17 Arms Export Control Act (22 U.S.C. 2797).

18 (b) CONTROL OF ITEMS ON MTCR ANNEX.—The

19 Secretary, in coordination with the Secretary of Com20 merce, the Attorney General, and the Secretary of De21 fense, shall ensure that all items on the MTCR Annex are

22 subject to stringent control by the United States Govern23 ment pursuant to the International Traffic in Arms Regu24 lations and the Export Administration Regulations.
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1 (c) CERTIFICATION.—Not later than March 1 of each

2 year, the Secretary, in coordination with the Secretary of

3 Commerce, the Attorney General and the Secretary of De4 fense, shall prepare and submit to the appropriate con5 gressional committees a report that contains—

6 (1) a certification that the requirement of sub7 section (b) has been met for the prior year, or if the

8 requirement has not been met, the reasons therefor;

9 and

10 (2) a description of the updated coverage, if

11 any, of the regulations referred to in subsection (b)

12 with respect to all items on the MTCR Annex and

13 an explanation of any areas of overlap or omissions,

14 if any, among the regulations.

15 SEC. 1202. CERTIFICATIONS RELATING TO EXPORT OF CER16 TAIN DEFENSE ARTICLES AND SERVICES.

17 Section 36(c) (22 U.S.C. 2776(c)) is amended—

18 (1) in the first sentence of paragraph (1), by

19 inserting after ‘‘$1,000,000 or more’’ the following:

20 ‘‘, or, notwithstanding section 27(g) of this Act, for

21 any special comprehensive authorization under sec22 tions 120–130 of title 22, Code of Federal Regula23 tions (commonly known as the ‘International Traffic

24 in Arms Regulations’) for the export of defense arti-
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1 cles or defense services in an aggregate amount of

2 $100,000,000 or more’’;

3 (2) in paragraph (2)—

4 (A) by striking subparagraph (B); and

5 (B) by redesignating subparagraph (C) as

6 subparagraph (B); and

7 (3) in the matter preceding subparagraph (A)

8 of paragraph (5), by inserting ‘‘or paragraph (2)’’

9 after ‘‘paragraph (1)’’.

10 SEC. 1203. NOTIFICATION REQUIREMENTS FOR TECHNICAL

11 ASSISTANCE AND MANUFACTURING LICENS12 ING AGREEMENTS WITH NATO MEMBER

13 COUNTRIES, AUSTRALIA, NEW ZEALAND, AND

14 JAPAN.

15 Section 36(d) (22 U.S.C. 2776(d)) is amended by

16 adding at the end the following:

17 ‘‘(6) In the case of a commercial technical assistance

18 or manufacturing license agreement with a member coun19 try of the North Atlantic Treaty Organization (NATO)

20 or Australia, Japan, or New Zealand that does not author21 ize a new sales territory that includes any country other

22 than such countries, the requirements contained in para23 graphs (2) and (4) shall apply only if—

24 ‘‘(A) the agreement involves—
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1 ‘‘(i) major defense equipment in the

2 amount of $7,000,000 or more; or

3 ‘‘(ii) significant military equipment in the

4 amount of $25,000,000 or more; and

5 ‘‘(B) the amount referred to in clause (i) or (ii)

6 of subparagraph (A), as the case may be, includes

7 the estimated value of all defense articles and de8 fense services to be manufactured or transferred

9 throughout the duration of the approval period.’’.

10 SEC. 1204. STRENGTHENING DEFENSE COOPERATION WITH

11 AUSTRALIA AND THE UNITED KINGDOM.

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that the expeditious consideration of munitions li14 cense applications that meet the policy and eligibility cri15 teria established in section 38 of the Arms Export Control

16 Act (22 U.S.C. 2778) for export or transfer of defense

17 items (as such term is defined in subsection (j)(4)(A) of

18 such section) to Australia and the United Kingdom is fully

19 consistent with United States security and foreign policy

20 interests and the objectives of world peace and security.

21 (b) ESTABLISHMENT OF FAST TRACK MUNITIONS

22 LICENSING FOR AUSTRALIA AND THE UNITED KING23 DOM.—Section 38(f) (22 U.S.C. 2778(f)) is amended by

24 adding at the end the following:
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1 ‘‘(4) In the absence of a binding bilateral agreement

2 with the Government of Australia or the Government of

3 the United Kingdom (as the case may be) that meets the

4 requirements of paragraph (2) and subsection (j), the Sec5 retary of State shall ensure that any application submitted

6 under this section for the export of defense items to Aus7 tralia or the United Kingdom (as the case may be) that

8 meets all other requirements of this section (including re9 quirements relating to eligibility of parties to the trans10 action, the absence of risk of diversion to unauthorized

11 end use and end users, and preservation of United States

12 intelligence and law enforcement interests), and which are

13 also transactions involving defense items that would be ex14 empt pursuant to sections 120–130 of title 22, Code of

15 Federal Regulations (commonly known as the ‘Inter16 national Traffic in Arms Regulations’) from export licens17 ing or other written approvals if such items were items

18 to be exported to Canada, are processed by the Depart19 ment of State not later than ten days after the date of

20 receipt of the application without referral to any other

21 Federal department or agency, except on an extraordinary

22 basis upon receipt of a written request from the Attorney

23 General, the Secretary of Homeland Security, the Director

24 of Central Intelligence, or the Secretary of Defense.’’.
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1 SEC. 1205. TRAINING AND LIAISON FOR SMALL BUSI2 NESSES.

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that it is increasingly important that the Secretary,

5 in administering the licensing, registration, compliance,

6 and other authorities contained in section 38 of the Arms

7 Export Control Act (22 U.S.C. 2778), should provide up8 to-date training and other educational assistance to small

9 businesses in the United States aerospace and defense in10 dustrial sector.

11 (b) SMALL BUSINESS LIAISON.—Not later than 180

12 days after the date of the enactment of this Act, the Sec13 retary shall designate, within the Office of Defense Trade

14 Controls of the Department of State, a coordinator for

15 small business affairs. The coordinator shall serve as a

16 liaison for small businesses in the United States aerospace

17 and defense industrial sector with respect to licensing and

18 registration requirements in order to facilitate the compli19 ance and other forms of participation by such small busi20 nesses in the United States munitions control system, in21 cluding by providing training, technical assistance, and

22 through other efforts as may be appropriate.
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1 SEC. 1206. STUDY AND REPORT RELATING TO CO-LOCATING

2 MUNITIONS CONTROL FUNCTIONS OF THE

3 DEPARTMENTS OF STATE, DEFENSE, AND

4 HOMELAND SECURITY.

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that the administrative, licensing, and compliance7 related functions associated with the export of defense ar8 ticles and defense services under section 38 of the Arms

9 Export Control Act (22 U.S.C. 2778), which are generally

10 administered by the Department of State in conjunction

11 with the Department of Homeland Security and the De12 partment of Defense, should be expedited consistent with

13 United States security, law enforcement, and foreign pol14 icy requirements by a reduction in the those matters ne15 cessitating inter-agency referral outside of the Depart16 ment of State, or by co-locating related functions of the

17 Department of Homeland Security and the Department

18 of Defense with those functions of the Department of

19 State in order to minimize the time and administrative

20 tasks to government and industry involved in inter-agency

21 referrals, while also providing a convenient, central loca22 tion for United States defense companies, especially small

23 businesses.

24 (b) STUDY AND REPORT.—

25 (1) STUDY.—The Secretary, in consultation

26 with the Secretary of Homeland Security and the
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1 Secretary of Defense, and through the Federal advi2 sory committee structure with the public, shall con3 duct a study to examine the relative advantages and

4 disadvantages to the United States Government, the

5 United States defense industry, including United

6 States small businesses, and to other public constitu7 encies of co-locating relevant functions and per8 sonnel of the Department of State, the Department

9 of Homeland Security, and the Department of De10 fense with the Office of Defense Trade Controls of

11 the Department of State at a central location con12 venient to the public and United States defense in13 dustry, without prejudice to the responsibilities and

14 prerogatives of the Secretary, the Secretary of

15 Homeland Security, and the Secretary of Defense

16 under existing law.

17 (2) REPORT.—Not later than 180 days after

18 the date of the enactment of this Act, the Secretary

19 shall prepare and submit to the appropriate congres20 sional committees a report that contains the results

21 of study conducted under paragraph (1).
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1 TITLE XIII—SECURITY ASSIST2 ANCE AND RELATED PROVI3 SIONS

4 Subtitle A—Foreign Military Sales

5 and Financing Authorities

6 SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated to the Presi8 dent for grant assistance under section 23 of the Arms

9 Export Control Act (22 U.S.C. 2763) and for the subsidy

10 cost, as defined in section 502(5) of the Federal Credit

11 Reform Act of 1990, of direct loans under such section

12 $4,414,000,000 for fiscal year 2004.

13 SEC. 1302. PROVISION OF CATALOGING DATA AND SERV14 ICES.

15 Section 21(h)(2) (22 U.S.C. 2761(h)(2)) is amended

16 by striking ‘‘or to any member government of that Organi17 zation if that Organization or member government’’ and

18 inserting ‘‘, to any member of that Organization, or to

19 the Governments of Australia, New Zealand, or Japan if

20 that Organization, member government, or the Govern21 ments of Australia, New Zealand, or Japan’’.

22 SEC. 1303. ANNUAL ESTIMATE AND JUSTIFICATION FOR

23 SALES PROGRAM.

24 Section 25(a)(1) (22 U.S.C. 2765(a)(1)) is amended

25 by inserting after ‘‘$7,000,000 or more’’ the following
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1 ‘‘(or, in the case of a member country of the North Atlan2 tic Treaty Organization (NATO), Australia, New Zealand,

3 or Japan, $25,000,000 or more)’’.

4 SEC. 1304. ADJUSTMENT TO ADVANCE NOTIFICATION RE5 QUIREMENT FOR TRANSFER OF CERTAIN EX6 CESS DEFENSE ARTICLES.

7 Section 516(f)(1) of the Foreign Assistance Act of

8 1961 (22 U.S.C. 2321i) is amended by striking ‘‘signifi9 cant military equipment (as defined in section 47(9) of

10 the Arms Export Control Act)’’ and inserting ‘‘major de11 fense equipment (as defined in section 47(6) of the Arms

12 Export Control Act)’’.

13 Subtitle B—International Military

14 Education and Training

15 SEC. 1311. AUTHORIZATION OF APPROPRIATIONS.

16 There are authorized to be appropriated to the Presi17 dent $91,700,000 for fiscal year 2004 to carry out chapter

18 5 of part II of the Foreign Assistance Act of 1961 (22

19 U.S.C. 2347 et seq.).

20 SEC. 1312. ANNUAL FOREIGN MILITARY TRAINING REPORT21 ING.

22 Section 656(a)(1) of the Foreign Assistance Act of

23 1961 (22 U.S.C. 2416(a)(1)) is amended—

24 (1) by striking ‘‘January 31’’ and inserting

25 ‘‘March 1’’; and
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1 (2) by striking ‘‘and all such training proposed

2 for the current fiscal year’’.

3 SEC. 1313. CONDITION ON THE PROVISION OF CERTAIN

4 FUNDS TO INDONESIA.

5 (a) CONDITION ON ASSISTANCE.—Subject to sub6 section (c), no funds made available under section 23 of

7 the Arms Export Control Act (22 U.S.C. 2763) or chapter

8 5 of part II of the Foreign Assistance Act of 1961 (22

9 U.S.C. 2347 et seq.) in fiscal year 2004, other than funds

10 made available for expanded military education and train11 ing under such chapter, may be available for a program

12 that involves the Government of Indonesia or the Indo13 nesian Armed Forces until the President makes the certifi14 cation described in subsection (b).

15 (b) CERTIFICATION.—The certification referred to in

16 subsection (a) is a certification submitted by the President

17 to the appropriate congressional committees that the Gov18 ernment of Indonesia and the Indonesian Armed Forces

19 are taking effective measures, including cooperating with

20 the Director of the Federal Bureau of Investigation—

21 (1) to conduct a full investigation of the attack

22 on United States citizens in West Papua, Indonesia

23 on August 31, 2002; and

24 (2) to criminally prosecute the individuals re25 sponsible for such attack.
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1 (c) LIMITATION.—Nothing in this section shall pro2 hibit the United States Government from continuing to

3 conduct programs or training with the Indonesian Armed

4 Forces, including counterterrorism training, officer visits,

5 port visits, or educational exchanges that are being con6 ducted on the date of the enactment of this Act.

7 Subtitle C—Assistance for Select

8 Countries

9 SEC. 1321. ASSISTANCE FOR ISRAEL.

10 Section 513 of the Security Assistance Act of 2000

11 (Public Law 106–280) is amended—

12 (1) in subsection (b)(1), by striking ‘‘2002 and

13 2003’’ and inserting ‘‘2003 through 2005’’;

14 (2) in subsection (c)(1), by striking ‘‘2002 and

15 2003’’ and inserting ‘‘2003 through 2005’’;

16 (3) in subsection (c)(3)—

17 (A) by striking ‘‘fiscal years 2002 and

18 2003’’ and inserting ‘‘fiscal years 2004 and

19 2005’’;

20 (B) by striking ‘‘fiscal year 2002’’ and in21 serting ‘‘fiscal year 2004’’; and

22 (C) by striking ‘‘fiscal year 2003, or’’ and

23 inserting ‘‘fiscal year 2005, or’’; and

24 (4) in subsection (c)(4)—
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1 (A) by striking ‘‘2002 and 2003’’ and in2 serting ‘‘2003 through 2005’’; and

3 (B) by striking ‘‘$535,000,000 for fiscal

4 year 2002’’ and all that follows through ‘‘fiscal

5 year 2003’’ and inserting ‘‘$550,000,000 for

6 fiscal year 2003, not less than $565,000,000

7 for fiscal year 2004, and not less than

8 $580,000,000 for fiscal year 2005’’.

9 SEC. 1322. ASSISTANCE FOR EGYPT.

10 Section 514 of the Security Assistance Act of 2000

11 (Public Law 106–280) is amended—

12 (1) by striking ‘‘2002 and 2003’’ each place it

13 appears and inserting ‘‘2003 through 2005’’; and

14 (2) in subsection (e)—

15 (A) by striking ‘‘fiscal years 2002 and

16 2003’’ and inserting ‘‘fiscal years 2004 and

17 2005’’;

18 (B) by striking ‘‘fiscal year 2002’’ and in19 serting ‘‘fiscal year 2004’’; and

20 (C) by striking ‘‘fiscal year 2003, or’’ and

21 inserting ‘‘fiscal year 2005, or’’.
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1 Subtitle D—Miscellaneous

2 Provisions

3 SEC. 1331. UNITED STATES WAR RESERVE STOCKPILES FOR

4 ALLIES.

5 Section 514(b)(2) of the Foreign Assistance Act of

6 1961 (22 U.S.C. 2321h(b)(2)) is amended—

7 (1) in subparagraph (A), by striking ‘‘for fiscal

8 year 2003’’ and inserting ‘‘for each of fiscal years

9 2003 and 2004’’; and

10 (2) in subparagraph (B), by striking ‘‘for fiscal

11 year 2003’’ and inserting ‘‘for each of fiscal years

12 2003 and 2004’’.

13 SEC. 1332. TRANSFER TO ISRAEL OF CERTAIN DEFENSE AR14 TICLES IN THE UNITED STATES WAR RE15 SERVE STOCKPILES FOR ALLIES.

16 (a) AUTHORIZATION.—Notwithstanding section 514

17 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h),

18 the President is authorized to transfer to Israel, in return

19 for concessions to be negotiated by the Secretary of De20 fense, with the concurrence of the Secretary, defense arti21 cles, including armor, artillery, ammunition for automatic

22 weapons, missiles, and other munitions that are—

23 (1) obsolete or surplus items;

24 (2) in the inventory of the Department of De25 fense;
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1 (3) intended for use as reserve stocks in Israel;

2 and

3 (4) are located in a stockpile in Israel as of the

4 date of enactment of this Act.

5 (b) CONCESSIONS.—The value of concessions nego6 tiated pursuant to subsection (a) shall be at least equal

7 to the fair market value of the items transferred. The con8 cessions may include cash compensation, services, waiver

9 of charges otherwise payable by the United States, and

10 other items of value.

11 (c) ADVANCE NOTIFICATION OF TRANSFER.—

12 (1) IN GENERAL.—Not less than 30 days before

13 making a transfer under the authority of this sec14 tion, the President shall transmit a notification de15 scribing the items to be transferred to Israel and the

16 concessions to be received by the United States to

17 the congressional committees specified in paragraph

18 (2).

19 (2) CONGRESSIONAL COMMITTEES SPECI20 FIED.—The congressional committees referred to in

21 paragraph (1) are—

22 (A) the Committee on International Rela23 tions and the Committee on Armed Services of

24 the House of Representatives; and
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1 (B) the Committee on Foreign Relations

2 and the Committee on Armed Services of the

3 Senate.

4 (d) EXPIRATION OF AUTHORITY.—No transfer may

5 be made under the authority of this section following the

6 expiration of the five-year period beginning on the date

7 of enactment of this Act.

8 SEC. 1333. EXPANSION OF AUTHORITIES FOR LOAN OF MA9 TERIAL, SUPPLIES, AND EQUIPMENT FOR RE10 SEARCH AND DEVELOPMENT PURPOSES.

11 Section 65 (22 U.S.C. 2796d) is amended—

12 (1) in subsection (a)(1), by inserting ‘‘or a

13 friendly foreign country’’ after ‘‘ally’’ each place

14 such term appears; and

15 (2) in subsection (d) to read as follows:

16 ‘‘(d) For purposes of this section—

17 ‘‘(1) the term ‘NATO ally’ means a member

18 country of the North Atlantic Treaty Organization

19 (other than the United States); and

20 ‘‘(2) the term ‘friendly foreign country’ means

21 any non-NATO member country determined by the

22 President to be eligible for a cooperative project

23 agreement with the United States pursuant to sec24 tion 27(j) of this Act.’’.
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1 SEC. 1334. ASSISTANCE FOR DEMINING AND RELATED AC2 TIVITIES.

3 (a) ASSISTANCE.—The Secretary is authorized to

4 provide grants to, or enter into contracts or cooperative

5 agreements with, public-private partnerships for the pur6 pose of establishing and carrying out demining, clearance

7 of unexploded ordnance, and related activities in foreign

8 countries.

9 (b) LIMITATION.—Except as otherwise provided, the

10 total amount provided on a grant basis to public-private

11 partnerships under subsection (a) for a fiscal year may

12 not exceed $450,000.

13 (c) FUNDING.—Amounts made available to carry out

14 ‘‘Nonproliferation, Anti-Terrorism, Demining, and Re15 lated Programs’’ for fiscal year 2004 are authorized to

16 be made available to carry out this section.

17 SEC. 1335. REPORTS RELATING TO TREATY BETWEEN THE

18 UNITED STATES AND THE RUSSIAN FEDERA19 TION ON STRATEGIC OFFENSIVE REDUC20 TIONS.

21 The President shall submit to the Committee on

22 International Relations of the House of Representatives

23 all reports submitted to the Committee on Foreign Rela24 tions pursuant to section 2 of the Senate Resolution of

25 Ratification to Accompany Treaty Document 107–8,
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1 Treaty Between the United States of America and the

2 Russian Federation on Strategic Offensive Reductions.

3 SEC. 1336. STATEMENT OF HOUSE OF REPRESENTATIVES

4 REGARDING THE TREATY BETWEEN THE

5 UNITED STATES AND THE RUSSIAN FEDERA6 TION ON STRATEGIC OFFENSIVE REDUC7 TIONS.

8 The House of Representatives—

9 (1) concurs with the declarations of the

10 Senate in section 3 of the Resolution of Ratifi11 cation to Accompany Treaty Document 107–8,

12 Treaty Between the United States of America

13 and the Russian Federation on Strategic Offen14 sive Reductions;

15 (2) encourages the President to continue

16 strategic offensive reductions to the lowest pos17 sible levels consistent with national security re18 quirements and alliance obligations of the

19 United States;

20 (3) urges the President to engage the Rus21 sian Federation with the objectives of estab22 lishing cooperative measures to give each party

23 to the Treaty Between the United States of

24 America and the Russian Federation on Stra25 tegic Offensive Reductions improved confidence
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1 regarding the accurate accounting and security

2 of nonstrategic nuclear weapons maintained by

3 the other party; and

4 (4) encourages the President to accelerate

5 United States strategic force reductions, to the

6 extent feasible and consistent with the treaty, in

7 order that the reductions required by Article I

8 of the Treaty Between the United States of

9 America and the Russian Federation on Stra10 tegic Offensive Reductions may be achieved

11 prior to December 31, 2012.

12 SEC. 1337. NONPROLIFERATION AND DISARMAMENT FUND.

13 (a) AUTHORIZATION OF APPROPRIATIONS.—

14 (1) IN GENERAL.—There are authorized to be

15 appropriated to the President to carry out section

16 504 of the Freedom for Russia and Emerging Eur17 asian Democracies and Open Markets Support Act

18 of 1992 (22 U.S.C. 5854; relating to the ‘‘Non19 proliferation and Disarmament Fund’’) $60,000,000

20 for each of the fiscal years 2004 and 2005.

21 (2) AVAILABILITY.—Amounts appropriated pur22 suant to the authorization of appropriations under

23 paragraph (1) are authorized to remain available

24 until expended.
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1 (b) NONPROLIFERATION OF HIGHLY ENRICHED

2 URANIUM.—

3 (1) FINDINGS.—Congress finds the following:

4 (A) Highly enriched uranium is the most

5 likely source material for terrorist or other out6 law organizations that seek to acquire a nuclear

7 weapon.

8 (B) Such organizations are not likely to

9 produce this source material on their own, but

10 will instead look to divert highly enriched ura11 nium from some of the many vulnerable stock12 piles in numerous facilities around the world.

13 (C) There is a need for a coordinated

14 United States Government initiative to secure

15 and dispose of highly enriched uranium stock16 piles in these vulnerable facilities around the

17 world.

18 (D) The Nonproliferation and Disar19 mament Fund (NDF) is a unique and flexible

20 entity that is well-suited to carry out the initia21 tive described in subparagraph (C), in coopera22 tion with other Federal departments and agen23 cies, including the Department of Energy.

24 (2) INITIATIVE.—The Secretary of State is au25 thorized to establish and carry out an initiative to
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1 secure and dispose of highly enriched uranium stock2 piles in foreign countries, including the provision of

3 such assistance as may be required to secure host

4 country cooperation under the initiative.

5 (3) AUTHORIZATION OF APPROPRIATIONS.—Of

6 the amounts made available to carry out section 504

7 of the Freedom for Russia and Emerging Eurasian

8 Democracies and Open Markets Support Act of

9 1992 (22 U.S.C. 5854) for fiscal years 2004 and

10 2005, there are authorized to be appropriated to the

11 Secretary to carry out paragraph (2) $25,000,000

12 for each such fiscal year.

13 SEC. 1338. MARITIME INTERDICTION PATROL BOATS FOR

14 MOZAMBIQUE.

15 (a) IN GENERAL.—Of the amounts made available to

16 carry out section 23 of the Arms Export Control Act for

17 fiscal year 2004, there is authorized to be appropriated

18 $1,000,000 for refurbishment, delivery, operational train19 ing, and related costs associated with the provision of not

20 more than four excess coastal patrol boats to the Govern21 ment of Mozambique for maritime patrol and interdiction

22 activities.

23 (b) AVAILABILITY.—Amounts appropriated pursuant

24 to the authorization of appropriations under subsection (a)
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1 are authorized to remain available until September 30,

2 2006.

3 SEC. 1339. REPORT ON MISSILE DEFENSE COOPERATION.

4 Not later than December 31, 2003, and December

5 31, 2004, the Secretary of State shall submit to the appro6 priate congressional committees a report on cooperative ef7 forts that have been undertaken by the United States with

8 foreign governments to foster the development and deploy9 ment of defenses against missile attack. Such report shall

10 include a detailed description of such efforts on a country11 by-country basis, and may be submitted in classified and

12 unclassified form, as appropriate.

13 SEC. 1340. IRAN’S PROGRAM TO DEVELOP A NUCLEAR EX14 PLOSIVE DEVICE.

15 (a) FINDINGS.—Congress finds the following:

16 (1) Iran, as a party to the Treaty on the Non17 Proliferation of Nuclear Weapons, has legally for18 sworn developing or acquiring nuclear weapons.

19 (2) Iran has for more than a decade pursued a

20 program aimed at the development of a nuclear ex21 plosive device.

22 (3) Director of Central Intelligence George

23 Tenet has repeatedly warned of Iran’s clandestine

24 efforts to acquire weapons of mass destruction, stat25 ing as recently as February 11, 2003, in testimony
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1 before Congress that ‘‘Iran is continuing to pursue

2 development of a nuclear fuel cycle for civilian and

3 nuclear weapons purposes . . . [and further that]

4 Tehran may be able to indigenously produce enough

5 fissile material for a nuclear weapon’’ within this

6 decade.

7 (4) On March 17, 2003, Dr. el Baradei, Direc8 tor General of the International Atomic Energy

9 Agency (IAEA), called on Iran to agree to a more

10 intrusive monitoring regime at its nuclear sites and

11 demanded that Iran, which is a signatory to the Nu12 clear Non-Proliferation Treaty, agree to an ‘‘addi13 tional protocol’’ under the IAEA’s nuclear inspection

14 rights, which would enable more intrusive moni15 toring.

16 (5) In early 2003 Iran announced plans to mine

17 its own natural uranium and admitted constructing

18 two nuclear facilities, one a gas centrifuge uranium

19 enrichment facility and the other a heavy water pro20 duction plant.

21 (6) A uranium enrichment facility would give

22 Iran the capability to indigenously produce nuclear23 weapons grade uranium. Further, heavy water is

24 used in reactors that not only produce weapons-
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1 grade plutonium, but also tritium, a key ingredient

2 in boosted-fission weapons.

3 (7) At the same time, Iran has been developing

4 long-range missiles that could deliver nuclear explo5 sive devices. Director of Central Intelligence Tenet

6 has warned that Iran could flight test an interconti7 nental ballistic missile later this decade.

8 (8) Iran has received considerable assistance in

9 its nuclear program and in its missile development

10 program from the Russian Federation, the People’s

11 Republic of China, and North Korea.

12 (9) Congress has long been seized with finding

13 ways to deter or delay Iran’s acquisition or develop14 ment of such deadly weapons, including through the

15 enactment of the Iran-Iraq Arms Non-Proliferation

16 Act of 1992, the Iran Libya Sanctions Act of 1996,

17 the Iran Non-Proliferation Act of 2000, and the

18 Iran Nuclear Proliferation Prevention Act of 2002.

19 (10) Successive Administrations have similarly

20 sought to deter or delay Iran’s acquisition or devel21 opment of such weapons by such measures as ele22 vating Iran’s proliferation behavior in bilateral rela23 tions with the Russian Federation and the People’s

24 Republic of China, sanctioning entities of the Rus25 sian Federation providing technology or expertise to
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1 Iran’s nuclear and missile programs, and urging

2 multilateral export control regimes to deny sensitive

3 technology to proliferators like Iran.

4 (11) President Bush included Iran as one of the

5 countries that comprise the ‘‘axis of evil’’ in his Jan6 uary 2002 State of the Union Address because of its

7 efforts to develop weapons of mass destruction and

8 its support of international terrorism. Iran has been

9 the principle supporter and supplier to Hizballah in

10 southern Lebanon, Hamas, and Islamic Jihad. Fur11 ther, the leaders of Iran have publicly called for the

12 destruction of the State of Israel.

13 (12) A nuclear-armed Iran would pose a grave

14 threat to the national security of the United States

15 and to our allies in the region.

16 (b) STATEMENT OF POLICY.—Congress—

17 (1) finds that Iran’s support of terrorism and

18 its efforts to develop nuclear weapons are a grave

19 threat to the national security of the United States

20 and its allies and to the United States Armed

21 Forces;

22 (2) declares that the United States and our

23 friends and allies must make maximum efforts to

24 prevent Iran from developing or acquiring nuclear

25 weapons and the missiles to deliver them;
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1 (3) urges the President to use all appropriate

2 means to prevent Iran from gaining such capabili3 ties;

4 (4) urges the International Atomic Energy

5 Agency (IAEA) to employ the full range of its in6 spection authorities to ensure that Iran’s nuclear

7 program is used for peaceful purposes only;

8 (5) encourages Iran to sign and ratify the new

9 nuclear safeguards protocol, the ‘‘Model Additional

10 Protocol (INFCIRC/540-Corr)’’ to the Treaty on the

11 Non-Proliferation of Nuclear Weapons, which would

12 demonstrate Iran’s commitment to sharing informa13 tion about its nuclear program with the IAEA and

14 the international community and to full disclosure

15 and transparency about its nuclear program; and

16 (6) urges the United States resident representa17 tive to the IAEA to work with the Board of Gov18 ernors of the IAEA on guidelines for early identifica19 tion of noncompliance with the Nuclear Non-Pro20 liferation Treaty.

21 TITLE XIV—MISSILE THREAT

22 REDUCTION ACT OF 2003

23 SEC. 1401. SHORT TITLE.

24 This title may be cited as the ‘‘Missile Threat Reduc25 tion Act of 2003’’.
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1 Subtitle A—Strengthening Inter2 national Missile Nonprolifera3 tion Law

4 SEC. 1411. FINDINGS.

5 Congress makes the following findings:

6 (1) The spread of offensive ballistic missiles

7 suitable for launching nuclear, chemical, and biologi8 cal warheads is accelerating across the globe.

9 (2) According to the Carnegie Endowment for

10 International Peace, more than 25 countries possess

11 missiles with ranges in excess of 300 kilometers and

12 capable of delivering a nuclear warhead.

13 (3)(A) Many of the countries now possessing

14 such missiles, and engaging in the sale and transfer

15 of such missiles and their production technology to

16 other countries, are directly hostile to the United

17 States, its interests, and its allies.

18 (B) Of particular concern in this regard is

19 North Korea, which regularly sells ballistic missiles

20 and technology to countries in regions of instability

21 and concern to the United States.

22 (4) The Central Intelligence Agency has stated

23 in its most recent report on the foreign ballistic mis24 sile threat the following:
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1 ‘‘Emerging ballistic missile states continue

2 to increase the range, reliability, and accuracy

3 of the missile systems in their inventories—pos4 ing ever greater risks to U.S. forces, interests,

5 and allies throughout the world. A decade ago,

6 U.S. and allied forces abroad faced threats

7 from SRBM’s [Short Range Ballistic Mis8 siles]—primarily the Scud and its variants.

9 Today, countries have deployed or are on the

10 verge of deploying MRBM’s [Medium Range

11 Ballistic Missiles], placing greater numbers of

12 targets at risk.

13 ‘‘Proliferation of ballistic missile-related

14 technologies, materials, and expertise—espe15 cially by Russian, Chinese, and North Korean

16 entities—has enabled emerging missile states to

17 accelerate the development timelines for their

18 existing programs, acquire turnkey systems to

19 gain previously non-existent capabilities—in the

20 case of the Chinese sale of the M–11 SRBM to

21 Pakistan—and lay the groundwork for the ex22 pansion of domestic infrastructures to poten23 tially accommodate even more capable and

24 longer range future systems.’’.
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1 (5) The same CIA report also noted the fol2 lowing: ‘‘North Korea has assumed the role as the

3 missile and manufacturing technology source for

4 many programs. North Korean willingness to sell

5 complete systems and components has enabled other

6 states to acquire longer range capabilities earlier

7 than otherwise would have been possible—notably

8 the sale of the No Dong MRBM to Pakistan. The

9 North also has helped countries to acquire tech10 nologies to serve as the basis for domestic develop11 ment efforts—as with Iran’s reverse-engineering of

12 the No Dong in the Shahab-3 program. Meanwhile,

13 Iran is expanding its efforts to sell missile tech14 nology.’’.

15 (6) Since 1987, 33 countries have committed to

16 abide by a voluntary set of guidelines known as the

17 Missile Technology Control Regime (MTCR), where18 by adherents agreed to refrain from the transfer to

19 nonadherents of certain categories of whole missiles,

20 their constituent parts, and the facilities to manu21 facture them, especially ‘‘Category I’’ missiles, which

22 at a range of 300 kilometers or more and a payload

23 capacity of 500 kilograms or more are especially

24 suited for delivering nuclear weapons.
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1 (7) In October 2002, 93 countries committed to

2 observe a nonbinding code of conduct derived from,

3 but less restrictive than, the nonbinding MTCR.

4 While this is a welcome achievement, it does not pro5 vide a legal obligation on its adherents to refrain

6 from the trade in missiles or missile technology.

7 (8) On December 10, 2002, the White House

8 released its ‘‘National Strategy to Combat Weapons

9 of Mass Destruction’’, wherein it is stated that

10 strengthening international nonproliferation controls

11 on weapons of mass destruction (WMD) and upon

12 the missiles that can deliver them is the second of

13 three principal pillars of the National Strategy. The

14 National Strategy also states that ‘‘effective inter15 diction is a critical part of the U.S. strategy to com16 bat WMD and their delivery means’’.

17 (9) On December 11, 2002, the United States

18 took control of an unflagged freighter that was at19 tempting clandestinely to ship, from North Korea to

20 Yemen, SCUD missiles of a type that would be gen21 erally prohibited from transfer as Category I mis22 siles.

23 (10) Neither North Korea nor Yemen is an ad24 herent to the MTCR guidelines, which in any case

25 are not legally binding, and there is no binding
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1 international legal instrument that would prohibit

2 shipments of the missiles referred to in paragraph

3 (9).

4 (11) At Yemen’s request, the United States re5 leased the shipment of North Korean Scud missiles

6 to Yemen.

7 (12) Also on December 11, 2002, the White

8 House press spokesman stated that existing inter9 national law regarding halting the spread of missile

10 proliferation could be strengthened. The new Na11 tional Strategy to Combat Weapons of Mass De12 struction also commits the United States to support

13 those regimes that are currently in force, and to

14 work to improve the effectiveness of, and compliance

15 with, those regimes, and identifies the MTCR as a

16 regime that the United States will seek to strength17 en.

18 (13) Secretary of Defense Donald Rumsfeld,

19 testifying on February 12, 2003, before the Com20 mittee on Armed Services of the Senate, stated the

21 following: ‘‘. . . [I]t’s pretty clear that the prolifera22 tion regimes that exist in the world worked pretty

23 well before, [but] they’re not working very well right

24 now. . . . [U]nless the world wakes up and says this

25 is a dangerous thing and creates a set of regimes
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1 that will in fact get cooperation to stop those weap2 ons, we’re going to be facing a very serious situation

3 in the next five years.’’.

4 (14) The MTCR has made an invaluable con5 tribution to restraint in the international trade of of6 fensive ballistic missiles. Strengthening international

7 controls on ballistic missiles, however, will require a

8 dramatic expansion of adherents that rigorously

9 abide by the MTCR’s guidelines, and a binding legal

10 basis for the United Nations and countries devoted

11 to nonproliferation to prevent, and when necessary

12 act to prevent, further proliferation of offensive

13 ballistic missiles around the world.

14 (15) Therefore, it should be the policy of the

15 United States to promote the creation of new inter16 national mechanisms that would, in all future cir17 cumstances, allow the peace-loving and law-abiding

18 nations of the world the authority to interdict and

19 prevent the transfer of such missiles.

20 SEC. 1412. POLICY OF THE UNITED STATES.

21 It shall be the policy of the United States to seek

22 a binding international instrument or instruments to re23 strict the trade in offensive ballistic missiles with ranges

24 of 300 kilometers or more that have a payload capacity

25 of 500 kilograms or more. Such a binding international
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1 instrument may take the form of a multilateral treaty, a

2 United Nations Security Council resolution, or other in3 strument of international law, and should provide for en4 forcement measures including interdiction, seizure, and

5 impoundment of illicit shipments of offensive ballistic mis6 siles and related technology, equipment, and components.

7 SEC. 1413. SENSE OF CONGRESS.

8 It is the sense of the Congress that the United States

9 should immediately introduce a resolution in the United

10 Nations Security Council to prohibit all members of the

11 United Nations from purchasing, receiving, assisting or al12 lowing the transfer of, and to authorize the subsequent

13 interdiction, seizure, and impoundment of, any missile,

14 missile-related equipment, means of producing missiles, or

15 missile-related technology from North Korea.

16 Subtitle B—Strengthening United

17 States Missile Nonproliferation

18 Law

19 SEC. 1421. PROBATIONARY PERIOD FOR FOREIGN PER20 SONS.

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, upon the expiration, or the granting of a waiv23 er, on or after January 1, 2003, of sanctions against a

24 foreign person imposed under section 73(a) of the Arms

25 Export Control Act (22 U.S.C. 2797b(a)) or under section
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1 11B(b)(1) of the Export Administration Act of 1979 (50

2 U.S.C. App. 2410b(b)(1)), as continued in effect under

3 the International Emergency Economic Powers Act, a li4 cense shall be required, for a period of not less than 3

5 years, for the export to that foreign person of all items

6 controlled for export under section 5 or 6 of the Export

7 Administration Act of 1979 (50 U.S.C. App. 2404, 2405),

8 as continued in effect under the International Emergency

9 Economic Powers Act, in accordance with the Export Ad10 ministration Regulations.

11 (b) TERMINATION.—Subsection (a) shall not apply to

12 a foreign person 30 days after the President notifies the

13 Committee on International Relations of the House of

14 Representatives and the Committee on Banking, Housing,

15 and Urban Affairs and the Committee on Foreign Rela16 tions of the Senate that he has determined that—

17 (1) the foreign person has—

18 (A) ceased all activity related to the origi19 nal imposition of sanctions under section 73(a)

20 of the Arms Export Control Act or section

21 11B(b)(A) of the Export Administration Act of

22 1979, as the case may be; and

23 (B) has instituted a program of trans24 parency measures whereby the United States

25 will be able to verify for at least a period of 3
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1 years that the foreign person is not engaging in

2 prohibited activities under those provisions of

3 law referred to in paragraph (1); and

4 (2) there has been an appropriate resolution of

5 the original violation or violations, such as financial

6 penalties, incarceration, destruction of prohibited

7 items, or other appropriate measures taken to pre8 vent a recurrence of the violation or violations.

9 SEC. 1422. STRENGTHENING UNITED STATES MISSILE PRO10 LIFERATION SANCTIONS ON FOREIGN PER11 SONS.

12 (a) ARMS EXPORT CONTROL ACT.—Section 73(a)(2)

13 (22 U.S.C. 2797b(a)(2)) is amended by striking ‘‘2 years’’

14 each place it appears and inserting ‘‘4 years’’.

15 (b) PUBLIC INFORMATION.—Section 73(e)(2) (22

16 U.S.C. 2797b(e)(2)) is amended by adding at the end the

17 following new sentence: ‘‘Such report may be classified

18 only to the extent necessary to protect intelligence sources

19 and methods. If the report is so classified, the President

20 shall make every effort to acquire sufficient alternative in21 formation that would allow a subsequent unclassified

22 version of the report to be issued.’’.

23 (c) EXPORT ADMINISTRATION ACT OF 1979.—Any

24 sanction imposed on a foreign person under section

25 11B(b)(1) of the Export Administration Act of 1979 (50
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1 U.S.C. App. 2410b(b)(1)), as continued in effect under

2 the International Emergency Economic Powers Act, shall

3 be in effect for a period of 4 years beginning on the date

4 on which the sanction was imposed.

5 (d) APPLICABILITY.—The amendments made by sub6 sections (a) and (b) and the provisions of subsection (c)

7 shall apply to all sanctions imposed under section 73(a)

8 of the Arms Export Control Act or section 11B(b)(1) of

9 the Export Administration Act of 1979, as continued in

10 effect under the International Emergency Economic Pow11 ers Act, by reason of acts giving rise to such sanctions

12 that were committed by foreign persons on or after Janu13 ary 1, 2003.

14 SEC. 1423. COMPREHENSIVE UNITED STATES MISSILE PRO15 LIFERATION SANCTIONS ON ALL RESPON16 SIBLE PERSONS.

17 (a) ARMS EXPORT CONTROL ACT.—Section 73(a)

18 (22 U.S.C. 2797b(a)) is amended by adding at the end

19 the following new paragraph:

20 ‘‘(3)(A) Sanctions imposed upon a foreign person

21 under paragraph (2) shall also be imposed on any govern22 mental entity that the President determines exercises ef23 fective control over, benefits from, or directly or indirectly

24 facilitates the activities of that foreign person.
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1 ‘‘(B) When a sanction is imposed on a foreign person

2 under paragraph (2), the President may also impose that

3 sanction on any other person or entity that the President

4 has reason to believe has or may acquire items that may

5 not be exported to that foreign person on account of the

6 sanction imposed on that foreign person, with the intent

7 to transfer to that foreign person, or provide to that for8 eign person access to, such items.

9 ‘‘(C) The President may also prohibit, for such period

10 of time as he may determine, any transaction or dealing,

11 by a United States person or within the United States,

12 with any foreign person on whom sanctions have been im13 posed under this subsection.

14 ‘‘(D) The President shall report on an annual basis

15 to the Committee on International Relations of the House

16 of Representatives and the Committee on Foreign Rela17 tions of the Senate the identity of any foreign person that

18 engages in any transaction or activity with a foreign per19 son on whom sanctions have been imposed under this sub20 section that either—

21 ‘‘(i) would be the basis for imposing sanctions

22 under subparagraph (B) but for which sanctions

23 have not been imposed; or

24 ‘‘(ii) would be the basis for imposing sanctions

25 under subparagraph (C) if the transaction or activity
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1 had been carried out by a United States person or

2 by a person in the United States.

3 Such report shall be unclassified to the maximum extent

4 feasible, but may include a classified annex.’’.

5 (b) DEFINITION OF PERSON.—Section 74(a)(8)(A)

6 (22 U.S.C. 2797c(a)(8)(A)) is amended to read as follows:

7 ‘‘(8)(A) the term ‘person’ means—

8 ‘‘(i) a natural person;

9 ‘‘(ii) a corporation, business association,

10 partnership, society, trust, transnational cor11 poration, or transnational joint venture, any

12 other nongovernmental entity, organization, or

13 group, and any governmental entity;

14 ‘‘(iii) any subsidiary, subunit, or parent en15 tity of any business enterprise or other organi16 zation or entity listed in clause (ii); and

17 ‘‘(iv) any successor of any business enter18 prise or other organization or entity listed in

19 clause (ii) or (iii); and’’.

20 (c) EXPORT ADMINISTRATION ACT OF 1979.—

21 (1) SANCTIONS IMPOSED ON GOVERNMENT EN22 TITIES.—Any sanction imposed on a foreign person

23 under section 11B(b)(1)(B) of the Export Adminis24 tration Act of 1979 (50 U.S.C. App.

25 2410b(b)(1)(B)), as continued in effect under the
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1 International Emergency Economic Powers Act (in

2 this subsection referred to as a ‘‘dual use sanction’’),

3 shall also be imposed on any governmental entity

4 that the President determines exercises effective con5 trol over, benefits from, or directly or indirectly fa6 cilitates the activities of that foreign person.

7 (2) OTHER ENTITIES.—When a dual use sanc8 tion is imposed on a foreign person, the President

9 may also impose that sanction on any other person

10 or entity that the President has reason to believe

11 has or may acquire items that may not be exported

12 to that foreign person on account of the dual use

13 sanction imposed on that foreign person, with the in14 tent to transfer to that foreign person, or provide to

15 that foreign person access to, such items.

16 (3) TRANSACTIONS BY THIRD PARTIES.—The

17 President may also prohibit, for such period of time

18 as he may determine, any transaction or dealing, by

19 a United States person or within the United States,

20 with any foreign person on whom dual use sanctions

21 have been imposed.

22 (4) REPORT.—The President shall submit on

23 an annual basis to the appropriate congressional

24 committees a report that contains the identity of any

25 foreign person that engages in any transaction or
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1 activity with a foreign person on whom dual use

2 sanctions have been imposed that either—

3 (A) would be the basis for imposing dual

4 use sanctions under paragraph (2) but for

5 which such sanctions have not been imposed; or

6 (B) would be the basis for imposing dual

7 use sanctions under paragraph (3) if the trans8 action or activity had been carried out by a

9 United States person or by a person in the

10 United States.

11 Such report shall be unclassified to the maximum

12 extent feasible, but may include a classified annex.

13 (5) DEFINITIONS.—In this subsection:

14 (A) PERSON.—The term ‘‘person’’

15 means—

16 (i) a natural person;

17 (ii) a corporation, business associa18 tion, partnership, society, trust,

19 transnational corporation, or transnational

20 joint venture, any other nongovernmental

21 entity, organization, or group, and any

22 governmental entity;

23 (iii) any subsidiary, subunit, or parent

24 entity of any business enterprise or other
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1 organization or entity listed in clause (ii);

2 and

3 (iv) any successor of any business en4 terprise or other organization or entity list5 ed in clause (ii) or (iii).

6 (B) In the case of countries where it may

7 be impossible to identify a specific governmental

8 entity referred to in subparagraph (A), the

9 term ‘‘person’’ means—

10 (i) all activities of that government re11 lating to the development or production of

12 any missile equipment or technology; and

13 (ii) all activities of that government

14 affecting the development or production of

15 aircraft, electronics, and space systems or

16 equipment.

17 (C) UNITED STATES PERSON.—The term

18 ‘‘United States person’’ has the meaning given

19 that term in section 16(2) of the Export Ad20 ministration Act of 1979 (50 U.S.C. App.

21 2415(2)).

22 (D) MISSILE EQUIPMENT OR TECH23 NOLOGY.—The term ‘‘missile equipment or

24 technology’’ has the meaning given that term in
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1 section 11B(c) of the Export Administration

2 Act of 1979 (50 U.S.C. App. 2410b(c)).

3 (d) EFFECTIVE DATE.—The amendments made by

4 subsections (a) and (b) shall apply with respect to sanc5 tions imposed on or after January 1, 2003, on foreign per6 sons under section 73(a)(2) of the Arms Export Control

7 Act, and the provisions of subsection (c) shall apply with

8 respect to sanctions imposed on or after January 1, 2003,

9 on foreign persons under section 11B(b) of the Export Ad10 ministration Act of 1979 (50 U.S.C. App. 2410b(b)), as

11 continued in effect under the International Emergency

12 Economic Powers Act.

13 Subtitle C—Incentives for Missile

14 Threat Reduction

15 SEC. 1431. FOREIGN ASSISTANCE.

16 (a) TYPES OF ASSISTANCE.—The President is au17 thorized to provide, on such terms as the President deems

18 appropriate, the following assistance to countries that

19 agree to destroy their ballistic missiles, and their facilities

20 for producing ballistic missiles, that have a payload capac21 ity of 500 kilograms or more over a distance of 300 kilo22 meters or more:

23 (1) Assistance under section 23 of the Arms

24 Export Control Act (22 U.S.C. 2763).
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1 (2) Assistance under chapter 4 of part II of the

2 Foreign Assistance Act of 1961 (22 U.S.C. 2346 et

3 seq.), notwithstanding section 531(e) or 660(a) of

4 that Act (22 U.S.C. 2346(e) or 2420(a)).

5 (3) Drawdown of defense articles, defense serv6 ices, and military education and training under sec7 tion 506 of the Foreign Assistance Act of 1961 (22

8 U.S.C. 2318).

9 (b) CONGRESSIONAL NOTIFICATION.—Assistance au10 thorized under subsection (a) may not be provided until

11 30 days after the date on which the President has pro12 vided notice thereof to the appropriate congressional com13 mittees in accordance with the procedures applicable to

14 reprogramming notifications under section 634A(a) of the

15 Foreign Assistance Act of 1961 (22 U.S.C. 2394–1(a)).

16 (c) LIMITATION.—Any assistance provided to a coun17 try under subsection (a) may not be provided in more than

18 3 fiscal years.

19 SEC. 1432. AUTHORIZATION OF APPROPRIATIONS.

20 (a) AUTHORIZATION.—There is authorized to be ap21 propriated to the President to carry out section 1431 the

22 sum of $250,000,000.

23 (b) AVAILABILITY.—Amounts appropriated pursuant

24 to the authorization of appropriations under subsection (a)

25 are authorized to remain available until expended.
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1 SEC. 1433. AUTHORIZATION OF TECHNICAL ASSISTANCE IN

2 MISSILE DISARMAMENT.

3 The President is authorized to provide technical as4 sistance in the destruction of any missile or facility for

5 producing ballistic missiles, in any country that requests

6 such assistance.

7 TITLE XV—PROMOTION OF DE8 MOCRACY, HUMAN RIGHTS,

9 AND RULE OF LAW IN

10 BELARUS

11 SEC. 1501. ASSISTANCE TO PROMOTE DEMOCRACY AND

12 CIVIL SOCIETY IN BELARUS.

13 (a) PURPOSES OF ASSISTANCE.—The assistance

14 under this section shall be available for the following pur15 poses:

16 (1) To assist the people of the Republic of

17 Belarus in regaining their freedom and to enable

18 them to join the European community of democ19 racies.

20 (2) To encourage free and fair presidential,

21 parliamentary, and local elections in Belarus, con22 ducted in a manner consistent with internationally

23 accepted standards and under the supervision of

24 internationally recognized observers.

25 (3) To assist in restoring and strengthening in26 stitutions of democratic governance in Belarus.
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1 (b) AUTHORIZATION FOR ASSISTANCE.—To carry out

2 the purposes of subsection (a), the President is authorized

3 to furnish assistance and other support for the activities

4 described in subsection (c), to be provided primarily for

5 indigenous Belarusian groups that are committed to the

6 support of democratic processes.

7 (c) ACTIVITIES SUPPORTED.—Activities that may be

8 supported by assistance under subsection (b) include—

9 (1) the observation of elections and the pro10 motion of free and fair electoral processes;

11 (2) development of democratic political parties;

12 (3) radio and television broadcasting to and

13 within Belarus;

14 (4) the development of nongovernmental organi15 zations promoting democracy and supporting human

16 rights;

17 (5) the development of independent media

18 working within Belarus and from locations outside

19 the country and supported by nonstate-controlled

20 printing facilities;

21 (6) international exchanges and advanced pro22 fessional training programs for leaders and members

23 of the democratic forces in skill areas central to the

24 development of civil society; and
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1 (7) other activities consistent with the purposes

2 of this title.

3 (d) AUTHORIZATION OF APPROPRIATIONS.—

4 (1) IN GENERAL.—There is authorized to be

5 appropriated to the President to carry out this sec6 tion such sums as may be necessary for fiscal years

7 2004 and 2005.

8 (2) AVAILABILITY OF FUNDS.—Amounts appro9 priated pursuant to the authorization of appropria10 tions under paragraph (1) are authorized to remain

11 available until expended.

12 SEC. 1502. RADIO BROADCASTING TO BELARUS.

13 (a) PURPOSE.—It is the purpose of this section to

14 authorize increased support for United States Government

15 and surrogate radio broadcasting to the Republic of

16 Belarus that will facilitate the unhindered dissemination

17 of information.

18 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi19 tion to such sums as are otherwise authorized to be appro20 priated, there is authorized to be appropriated such sums

21 as may be necessary for each fiscal year for Voice of Amer22 ica and RFE/RL, Incorporated for radio broadcasting to

23 the people of Belarus in languages spoken in Belarus.
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1 SEC. 1503. SENSE OF CONGRESS RELATING TO SANCTIONS

2 AGAINST THE GOVERNMENT OF BELARUS.

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that the sanctions described in subsections (c) and

5 (d) should apply with respect to the Republic of Belarus

6 until the President determines and certifies to the appro7 priate congressional committees that the Government of

8 Belarus has made significant progress in meeting the con9 ditions described in subsection (b).

10 (b) CONDITIONS.—The conditions referred to in sub11 section (a) are the following:

12 (1) The release of individuals in Belarus who

13 have been jailed based on political or religious be14 liefs.

15 (2) The withdrawal of politically motivated legal

16 charges against all opposition figures and inde17 pendent journalists in Belarus.

18 (3) A full accounting of the disappearances of

19 opposition leaders and journalists in Belarus, includ20 ing Victor Gonchar, Anatoly Krasovsky, Yuri

21 Zakharenka, and Dmitry Zavadsky, and the prosecu22 tion of those individuals who are responsible for

23 their disappearances.

24 (4) The cessation of all forms of harassment

25 and repression against the independent media, inde26 pendent trade unions, nongovernmental organiza-
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1 tions, religious organizations (including their leader2 ship and members), and the political opposition in

3 Belarus.

4 (5) The implementation of free and fair presi5 dential and parliamentary elections in Belarus con6 sistent with OSCE standards on democratic elections

7 and in cooperation with relevant OSCE institutions.

8 (c) DENIAL OF ENTRY INTO THE UNITED STATES

9 OF BELARUSIAN OFFICIALS.—The President should use

10 his authority under section 212(f) of the Immigration and

11 Nationality Act (8 U.S.C. 1182(f)) to deny the entry into

12 the United States of any alien who—

13 (1) holds a position in the senior leadership of

14 the Government of Belarus; or

15 (2) is a spouse, minor child, or agent of a per16 son inadmissible under paragraph (1).

17 (d) PROHIBITION ON LOANS AND INVESTMENT.—

18 (1) UNITED STATES GOVERNMENT FINANC19 ING.—No loan, credit guarantee, insurance, financ20 ing, or other similar financial assistance should be

21 extended by any agency of the United States Gov22 ernment (including the Export-Import Bank and the

23 Overseas Private Investment Corporation) to the

24 Government of Belarus, except with respect to the
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1 provision of humanitarian goods and agricultural or

2 medical products.

3 (2) TRADE AND DEVELOPMENT AGENCY.—No

4 funds available to the Trade and Development Agen5 cy should be available for activities of the Agency

6 in or for Belarus.

7 (e) MULTILATERAL FINANCIAL ASSISTANCE.—It is

8 further the sense of Congress that, in addition to the ap9 plication of the sanctions described in subsections (c) and

10 (d) to the Republic of Belarus (until the President deter11 mines and certifies to the appropriate congressional com12 mittees that the Government of Belarus has made signifi13 cant progress in meeting the conditions described in sub14 section (b)), the Secretary of the Treasury should instruct

15 the United States Executive Director of each international

16 financial institution to which the United States is a mem17 ber to use the voice and vote of the United States to op18 pose any extension by those institutions of any financial

19 assistance (including any technical assistance or grant) of

20 any kind to the Government of Belarus, except for loans

21 and assistance that serve humanitarian needs.

22 SEC. 1504. MULTILATERAL COOPERATION.

23 It is the sense of Congress that the President should

24 continue to seek to coordinate with other countries, par25 ticularly European countries, a comprehensive, multilat-
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1 eral strategy to further the purposes of this title, includ2 ing, as appropriate, encouraging other countries to take

3 measures with respect to the Republic of Belarus that are

4 similar to measures described in this title.

5 SEC. 1505. REPORT.

6 (a) REPORT.—Not later than 90 days after the date

7 of enactment of this Act, and every year thereafter, the

8 President shall transmit to the appropriate congressional

9 committees a report that describes, with respect to the

10 preceding 12-month period, the following:

11 (1) The sale or delivery of weapons or weapons12 related technologies from the Republic of Belarus to

13 any country, the government of which the Secretary

14 of State has determined, for purposes of section

15 6(j)(1) of the Export Administration Act of 1979

16 (50 U.S.C. App. 2405(j)(1)), has repeatedly pro17 vided support for acts of international terrorism.

18 (2) An identification of each country described

19 in paragraph (1) and a detailed description of the

20 weapons or weapons-related technologies involved in

21 the sale.

22 (3) An identification of the goods, services,

23 credits, or other consideration received by Belarus in

24 exchange for the weapons or weapons-related tech25 nologies.
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1 (4) The personal assets and wealth of Alek2 sandr Lukashenka and other senior leadership of the

3 Government of Belarus.

4 (b) FORM.—A report transmitted pursuant to sub5 section (a) shall be in unclassified form but may contain

6 a classified annex.

7 SEC. 1506. DEFINITIONS.

8 In this title:

9 (1) OSCE.—The term ‘‘OSCE’’ means the Or10 ganization for Security and Cooperation in Europe.

11 (2) SENIOR LEADERSHIP OF THE GOVERNMENT

12 OF BELARUS.—The term ‘‘senior leadership of the

13 Government of Belarus’’ includes—

14 (A) the President, Prime Minister, Deputy

15 Prime Ministers, government ministers, Chair16 men of State Committees, and members of the

17 Presidential Administration of Belarus;

18 (B) any official of the Government of

19 Belarus who is personally and substantially in20 volved in the suppression of freedom in Belarus,

21 including judges and prosecutors; and

22 (C) any other individual determined by the

23 Secretary of State (or the Secretary’s designee)

24 to be personally and substantially involved in

25 the formulation or execution of the policies of
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1 the Lukashenka regime that are in contradic2 tion of internationally recognized human rights

3 standards.

4 TITLE XVI—ISRAELI-PALES5 TINIAN PEACE ENHANCE6 MENT ACT OF 2003

7 SEC. 1601. SHORT TITLE.

8 This title may be cited as the ‘‘Israeli-Palestinian

9 Peace Enhancement Act of 2003’’.

10 SEC. 1602. FINDINGS.

11 Congress makes the following findings:

12 (1) The security of the State of Israel is a

13 major and enduring national security interest of the

14 United States.

15 (2) A lasting peace in the Middle East region

16 can only take root in an atmosphere free of violence

17 and terrorism.

18 (3) The Palestinian people have been ill-served

19 by leaders who, by resorting to violence and ter20 rorism to pursue their political objectives, have

21 brought economic and personal hardship to their

22 people and brought a halt to efforts seeking a nego23 tiated settlement of the conflict.
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1 (4) The United States has an interest in a Mid2 dle East in which two states, Israel and Palestine,

3 will live side by side in peace and security.

4 (5) In his speech of June 24, 2002, and in

5 other statements, President George W. Bush out6 lined a comprehensive vision of the possibilities of

7 peace in the Middle East region following a change

8 in Palestinian leadership.

9 (6) A stable and peaceful Palestinian state is

10 necessary to achieve the security that Israel longs

11 for, and Israel should take concrete steps to support

12 the emergence of a viable, credible Palestinian state.

13 (7) The Palestinian state must be a reformed,

14 peaceful, and democratic state that abandons forever

15 the use of terror.

16 (8) On April 29, 2003, the Palestinian Legisla17 tive Council confirmed in office, by a vote of 51

18 yeas, 18 nays, and 3 abstentions, the Palestinian

19 Authority’s first prime minister, Mahmoud Abbas

20 (Abu Mazen), and his cabinet.

21 (9) In his remarks prior to the vote of the Pal22 estinian Legislative Council, Mr. Abbas declared:

23 ‘‘The government will concentrate on the question of

24 security . . . The unauthorized possession of weap25 ons, with its direct threat to the security of the pop-
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1 ulation, is a major concern that will be relentlessly

2 addressed . . . There will be no other decision-mak3 ing authority except for the Palestinian Authority.’’.

4 (10) In those remarks, Mr. Abbas further stat5 ed: ‘‘We denounce terrorism by any party and in all

6 its forms both because of our religious and moral

7 traditions and because we are convinced that such

8 methods do not lend support to a just cause like

9 ours but rather destroy it.’’.

10 (11) Israel has repeatedly indicated its willing11 ness to make painful concessions to achieve peace

12 once there is a partner for peace on the Palestinian

13 side.

14 SEC. 1603. PURPOSES.

15 The purposes of this title are—

16 (1) to express the sense of Congress with re17 spect to United States recognition of a Palestinian

18 state; and

19 (2) to demonstrate United States willingness to

20 provide substantial economic and humanitarian as21 sistance, and to support large-scale multilateral as22 sistance, after the Palestinians have achieved the re23 forms outlined by President Bush and have achieved

24 peace with the State of Israel.
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1 SEC. 1604. SENSE OF CONGRESS.

2 It is the sense of Congress that—

3 (1) peace between Israel and the Palestinians

4 cannot be negotiated until the Palestinian system of

5 government has been transformed along the lines

6 outlined in President Bush’s June 24, 2002, speech;

7 (2) substantial United States and international

8 economic assistance will be needed after the Pal9 estinians have achieved the reforms described in sec10 tion 620K(c)(2) of the Foreign Assistance Act of

11 1961 (as added by section 1706 of this Act) and

12 have made a lasting and secure peace with Israel;

13 (3) the Palestinian people merit commendation

14 on the confirmation of the Palestinian Authority’s

15 first prime minister, Mahmoud Abbas (Abu Mazen),

16 and his cabinet;

17 (4) the new Palestinian administration urgently

18 should take the necessary security-related steps to

19 allow for implementation of a performance-based

20 road map to resolve the Israeli-Palestinian conflict;

21 (5) the United States Administration should

22 work vigorously toward the goal of two states living

23 side-by-side in peace within secure and internation24 ally-recognized boundaries free from threats or acts

25 of force; and
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1 (6) the United States has a vital national secu2 rity interest in a permanent, comprehensive, and

3 just resolution of the Arab-Israeli conflict, and par4 ticularly the Palestinian-Israeli conflict, based on the

5 terms of United Nations Security Council Resolu6 tions 242 and 338.

7 SEC. 1605. RECOGNITION OF A PALESTINIAN STATE.

8 It is the sense of Congress that a Palestinian state

9 should not be recognized by the United States until the

10 President determines that—

11 (1) a new leadership of a Palestinian governing

12 entity, not compromised by terrorism, has been

13 elected and taken office; and

14 (2) the newly-elected Palestinian governing

15 entity—

16 (A) has demonstrated a firm and tangible

17 commitment to peaceful coexistence with the

18 State of Israel and to ending anti-Israel incite19 ment, including the cessation of all officially

20 sanctioned or funded anti-Israel incitement;

21 (B) has taken appropriate measures to

22 counter terrorism and terrorist financing in the

23 West Bank and Gaza, including the dismantling

24 of terrorist infrastructures and the confiscation

25 of unlawful weaponry;
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1 (C) has established a new Palestinian secu2 rity entity that is fully cooperating with the ap3 propriate Israeli security organizations;

4 (D) has achieved exclusive authority and

5 responsibility for governing the national affairs

6 of a Palestinian state, has taken effective steps

7 to ensure democracy, the rule of law, and an

8 independent judiciary, and has adopted other

9 reforms ensuring transparent and accountable

10 governance; and

11 (E) has taken effective steps to ensure that

12 its education system promotes the acceptance of

13 Israel’s existence and of peace with Israel and

14 actively discourages anti-Israel incitement.

15 SEC. 1606. LIMITATION ON ASSISTANCE TO A PALESTINIAN

16 STATE.

17 Chapter 1 of part III of the Foreign Assistance Act

18 of 1961 (22 U.S.C. 2351 et seq.) is amended—

19 (1) by redesignating the second section 620G

20 (as added by section 149 of Public Law 104–164

21 (110 Stat. 1436)) as section 620J; and

22 (2) by adding at the end the following new sec23 tion:
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1 ‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO A PALES2 TINIAN STATE.

3 ‘‘(a) LIMITATION.—

4 ‘‘(1) IN GENERAL.—Notwithstanding any other

5 provision of law, assistance may be provided under

6 this Act or any other provision of law to the govern7 ment of a Palestinian state only during a period for

8 which a certification described in subsection (c) is in

9 effect. The limitation contained in the preceding sen10 tence shall not apply (A) to humanitarian or devel11 opment assistance that is provided through non12 governmental organizations for the benefit of the

13 Palestinian people in the West Bank and Gaza, or

14 (B) to assistance that is intended to reform the Pal15 estinian Authority and affiliated institutions, or a

16 newly elected Palestinian governing entity, in order

17 to help meet the requirements contained in subpara18 graphs (A) through (H) of subsection (c)(2) or to

19 address the matters described in subparagraphs (A)

20 through (E) of section 1705(2) of the Israeli-Pales21 tinian Peace Enhancement Act of 2003.

22 ‘‘(2) WAIVER.—The President may waive the

23 limitation of the first sentence of paragraph (1) if

24 the President determines and certifies to the Com25 mittee on International Relations of the House of

26 Representatives and the Committee on Foreign Re-
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1 lations of the Senate that it is vital to the national

2 interest of the United States to do so.

3 ‘‘(b) CONGRESSIONAL NOTIFICATION.—

4 ‘‘(1) IN GENERAL.—Assistance made available

5 under this Act or any other provision of law to a

6 Palestinian state may not be provided until 15 days

7 after the date on which the President has provided

8 notice thereof to the Committee on International Re9 lations and the Committee on Appropriations of the

10 House of Representatives and to the Committee on

11 Foreign Relations and the Committee on Appropria12 tions of the Senate in accordance with the proce13 dures applicable to reprogramming notifications

14 under section 634A(a) of this Act.

15 ‘‘(2) SUNSET.—Paragraph (1) shall cease to be

16 effective beginning ten years after the date on which

17 notice is first provided under such paragraph.

18 ‘‘(c) CERTIFICATION.—A certification described in

19 this subsection is a certification transmitted by the Presi20 dent to Congress that—

21 ‘‘(1) a binding international peace agreement

22 exists between Israel and the Palestinians that—

23 ‘‘(A) was freely signed by both parties;

24 ‘‘(B) guarantees both parties’ commitment

25 to a border between two states that constitutes
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1 a secure and internationally recognized bound2 ary for both states, with no remaining terri3 torial claims;

4 ‘‘(C) provides a permanent resolution for

5 both Palestinian refugees and Jewish refugees

6 from Arab countries; and

7 ‘‘(D) includes a renunciation of all remain8 ing Palestinian claims against Israel through

9 provisions that commit both sides to the ‘‘end

10 of the conflict’’; and

11 ‘‘(2) the new Palestinian government—

12 ‘‘(A) has been democratically elected

13 through free and fair elections, has exclusive

14 authority and responsibility for governing the

15 national affairs of the Palestinian state, and

16 has achieved the reforms outlined by President

17 Bush in his June 24, 2002, speech;

18 ‘‘(B) has completely renounced the use of

19 violence against the State of Israel and its citi20 zens, is vigorously attempting to prevent any

21 acts of terrorism against Israel and its citizens,

22 and punishes the perpetrators of such acts in a

23 manner commensurate with their actions;
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1 ‘‘(C) has dismantled, and terminated the

2 funding of, any group within its territory that

3 conducts terrorism against Israel;

4 ‘‘(D) is engaging in ongoing and extensive

5 security cooperation with the State of Israel;

6 ‘‘(E) refrains from any officially sanctioned

7 or funded statement or act designed to incite

8 Palestinians or others against the State of

9 Israel and its citizens;

10 ‘‘(F) has an elected leadership not com11 promised by terror;

12 ‘‘(G) is demilitarized; and

13 ‘‘(H) has no alliances or agreements that

14 pose a threat to the security of the State of

15 Israel.

16 ‘‘(d) RECERTIFICATIONS.—Not later than 90 days

17 after the date on which the President transmits to Con18 gress an initial certification under subsection (c), and

19 every 6 months thereafter for the 10-year period beginning

20 on the date of transmittal of such certification—

21 ‘‘(1) the President shall transmit to Congress a

22 recertification that the requirements contained in

23 subsection (c) are continuing to be met; or
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1 ‘‘(2) if the President is unable to make such a

2 recertification, the President shall transmit to Con3 gress a report that contains the reasons therefor.

4 ‘‘(e) RULE OF CONSTRUCTION.—A certification

5 under subsection (c) shall be deemed to be in effect begin6 ning on the day after the last day of the 10-year period

7 described in subsection (d) unless the President subse8 quently determines that the requirements contained in

9 subsection (c) are no longer being met and the President

10 transmits to Congress a report that contains the reasons

11 therefor.’’.

12 SEC. 1607. AUTHORIZATION OF ASSISTANCE TO A PALES13 TINIAN STATE.

14 Chapter 1 of part III of the Foreign Assistance Act

15 of 1961 (22 U.S.C. 2351 et seq.), as amended by section

16 1706, is further amended by adding at the end the fol17 lowing new section:

18 ‘‘SEC. 620L. AUTHORIZATION OF ASSISTANCE TO A PALES19 TINIAN STATE.

20 ‘‘(a) ASSISTANCE.—The President is authorized to

21 provide assistance to a Palestinian state in accordance

22 with the requirements of this section.

23 ‘‘(b) ACTIVITIES TO BE SUPPORTED.—Assistance

24 provided under subsection (a) shall be used to support ac25 tivities within a Palestinian state to substantially improve
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1 the economy and living conditions of the Palestinians by,

2 among other things, providing for economic development

3 in the West Bank and Gaza, continuing to promote democ4 racy and the rule of law, developing water resources, as5 sisting in security cooperation between Israelis and Pal6 estinians, and helping with the compensation and rehabili7 tation of Palestinian refugees.

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—Of the

9 amounts made available to carry out chapter 4 of part

10 II of this Act for a fiscal year, there are authorized to

11 be appropriated to the President to carry out subsections

12 (a) and (b) such sums as may be necessary for each such

13 fiscal year.

14 ‘‘(d) COORDINATION OF INTERNATIONAL ASSIST15 ANCE.—

16 ‘‘(1) IN GENERAL.—Beginning on the date on

17 which the President transmits to Congress an initial

18 certification under section 620K(c) of this Act, the

19 Secretary of State shall seek to convene one or more

20 donors conferences to gain commitments from other

21 countries, multilateral institutions, and nongovern22 mental organizations to provide economic assistance

23 to Palestinians to ensure that such commitments to

24 provide assistance are honored in a timely manner,

25 to ensure that there is coordination of assistance
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•HR 1950 EH

1 among the United States and such other countries,

2 multilateral institutions, and nongovernmental orga3 nizations, to ensure that the assistance provided to

4 Palestinians is used for the purposes for which is

5 was provided, and to ensure that other countries,

6 multilateral institutions, and nongovernmental orga7 nizations do not provide assistance to Palestinians

8 through entities that are designated as terrorist or9 ganizations under United States law.

10 ‘‘(2) REPORT.—Not later than 180 days after

11 the date of the enactment of this section, and on an

12 annual basis thereafter, the Secretary of State shall

13 prepare and submit to the Committee on Inter14 national Relations and the Committee on Appropria15 tions of the House of Representatives and the Com16 mittee on Foreign Relations and the Committee on

17 Appropriations of the Senate a report that describes

18 the activities undertaken to meet the requirements

19 of paragraph (1), including a description of amounts

20 committed, and the amounts provided, to a Pales21 tinian state or Palestinians during the reporting pe22 riod by each country and organization.’’.
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1 TITLE XVII—ACCESS FOR

2 AFGHAN WOMEN

3 SEC. 1701. SHORT TITLE.

4 This title may be cited as the ‘‘Access for Afghan

5 Women Act of 2003’’.

6 SEC. 1702. FINDINGS.

7 Congress makes the following findings:

8 (1) Despite the removal of the Taliban from

9 power, women in Afghanistan continue to experience

10 brutal and frequent violation of their human rights,

11 generally outside of Kabul where warlords are re12 exerting control.

13 (2) Strong and continued support from the

14 United States and the international community can

15 ensure that the advances made by Afghan women

16 since the fall of the Taliban will continue and grow,

17 rather than recede.

18 (3) While the United States and the inter19 national community continue to make substantial

20 contributions to emergency humanitarian and relief

21 operations in Afghanistan, the establishment of a

22 stable, peaceful, prosperous, and democratic Afghan23 istan with a broad-based, multi-ethnic, gender-sen24 sitive, and fully representative government requires
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1 a significant increase in long-term investments in de2 velopment and reconstruction assistance.

3 (4) The maternal mortality rate in Afghanistan

4 is among the highest in the world, with recent re5 ports estimating that every 30 minutes an Afghan

6 woman dies of pregnancy related causes, or approxi7 mately 15,000 women every year. The estimated ma8 ternal mortality rate of 1,600 deaths per 100,000

9 live births can be significantly reduced through ac10 cess to primary health care services, including safe

11 birthing supplies, emergency obstetric care, prenatal

12 and postnatal care, contraception, and prevention

13 and treatment for the effects of sexual coercion and

14 rape.

15 (5) Women comprise 75 percent or more of the

16 refugees and internally displaced in camps, urban

17 areas, and villages in Afghanistan.

18 (6) 85 percent of Afghanistan’s population lives

19 in rural areas. The women in rural areas perform

20 vital roles in food production, processing, and prepa21 ration. Successful reconstruction and development

22 assistance must target rural women as part of any

23 agricultural interventions.

24 (7) Within Afghanistan and outside of Afghani25 stan, local women’s organizations are delivering crit-
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1 ical services and have the knowledge and experience

2 to assist the United States in delivering effective re3 lief aid.

4 (8) The Afghan Ministry for Women’s Affairs is

5 an important ministry that is essential for re-estab6 lishing women’s human rights, ensuring that women

7 are included in all development efforts, and deliv8 ering critical legal, health, education, and economic

9 services to women throughout Afghanistan’s 30

10 provinces.

11 (9) Afghan women are taking the initiative to

12 reach across the conflict divide and foster peace.

13 Women’s perspectives and experiences in seeking so14 lutions to conflicts are necessary to ensure lasting

15 peace.

16 (10) The inadequate security situation in Af17 ghanistan disproportionately impacts women and

18 girls as the lack of rule of law results in the frequent

19 assault, kidnapping, and sexual abuse of Afghan

20 women and girls throughout Afghanistan.

21 (11) Despite significant improvements in

22 healthcare and education infrastructure for women

23 and girls in Afghanistan, the lack of security and

24 rule of law throughout most of Afghanistan effec-
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1 tively denies access to these facilities and the critical

2 services they provide.

3 SEC. 1703. ESTABLISHMENT OF AFGHAN WOMEN’S FUND.

4 (a) ESTABLISHMENT.—The Administrator of the

5 United States Agency for International Development shall

6 establish a fund for the purpose of assisting women and

7 girls in Afghanistan in the areas of political and human

8 rights, health care, education, training, security, and shel9 ter.

10 (b) ACTIVITIES SUPPORTED.—The fund established

11 under subsection (a) shall support the activities described

12 in section 103(a)(7) of the Afghanistan Freedom Support

13 Act of 2002 and the following activities:

14 (1) Direct financial and programmatic assist15 ance to the Ministry of Women’s Affairs in Afghani16 stan (hereafter in this section referred to as the

17 ‘‘Ministry’’) to promote the strengthening of the

18 Ministry as the Government of Afghanistan con19 tinues its transition to a long-term government

20 structure and to enable the Ministry to fulfill its

21 mandate. The Ministry may use such assistance to

22 support activities such as the following:

23 (A) Multiyear women-centered economic

24 development programs, including programs to
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1 assist widows, female heads of household,

2 women in rural areas, and disabled women.

3 (B) Collaboration with the Ministry of

4 Health to construct culturally appropriate

5 health infrastructure and delivery of high-qual6 ity comprehensive health care programs, includ7 ing primary, maternal, child, reproductive, and

8 mental health care.

9 (C) Programs to prevent trafficking in per10 sons, assist victims, and apprehend and pros11 ecute traffickers in persons.

12 (2) Direct financial assistance to the National

13 Human Rights Commission of Afghanistan.

14 (3) Construction of women’s educational facili15 ties in Afghanistan.

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to carry out this section

18 not less than $22,500,000 for each of the fiscal years

19 2003, 2004, and 2005 and such sums as are necessary

20 for each subsequent fiscal year.

21 SEC. 1704. ASSISTANCE TO AFGHANISTAN.

22 Notwithstanding any other provision of law, not less

23 than 15 percent of the aggregate amount of economic and

24 humanitarian assistance authorized to be appropriated

25 under section 1703(c) to be made available to Afghanistan
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1 for each of the fiscal years 2003, 2004, and 2005 shall

2 be made available for assistance directly to Afghan-led

3 local nongovernmental organizations, including Afghan

4 women-led organizations, with demonstrated experience in

5 delivering services to Afghan women and children to sup6 port their programmatic activities and organizational de7 velopment. In recognition of the appreciating capacity of

8 Afghan-led local nongovernmental organizations, including

9 Afghan women-led organizations, an appropriate percent10 age of the aggregate amount of economic and humani11 tarian assistance authorized to be made available to Af12 ghanistan for fiscal year 2006 and each subsequent fiscal

13 year shall be made available for assistance directly to Af14 ghan-led local nongovernmental organizations, including

15 Afghan women-led organizations.

16 SEC. 1705. REQUIREMENTS RELATING TO UNITED STATES

17 ACTIVITIES IN AFGHANISTAN.

18 (a) IN GENERAL.—Activities described in subsections

19 (b) through (e) that are carried out by the United States

20 in Afghanistan should comply with the applicable require21 ments contained in such subsections.

22 (b) GOVERNANCE OF AFGHANISTAN.—With respect

23 to the governance of Afghanistan, the applicable require24 ments are the following:
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1 (1) Include the perspectives and advice of Af2 ghan women’s organizations, networks, and leaders

3 in United States policymaking related to the govern4 ance of Afghanistan.

5 (2) Promote the inclusion of a significant num6 ber of women in future legislative bodies to ensure

7 that women’s full range of human rights are in8 cluded and upheld in any constitution or legal struc9 tures of Afghanistan.

10 (3) Encourage the appointment of women to

11 high level positions within Afghan Ministries.

12 (c) POST-CONFLICT RECONSTRUCTION AND DEVEL13 OPMENT.—With respect to activities relating to post-con14 flict stability in Afghanistan, the applicable requirements

15 are the following:

16 (1) Encourage United States organizations that

17 receive funds authorized by this title to partner with

18 or create Afghan-led counterpart organizations and

19 provide these organizations with significant financial

20 resources, technical assistance, and capacity build21 ing.

22 (2) Increase women’s access to or ownership of

23 productive assets such as land, water, agricultural

24 inputs, credit, and property.
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1 (3) Provide long-term financial assistance for

2 primary, secondary, higher, nontraditional, and voca3 tional education for Afghan girls, women, boys, and

4 men.

5 (4) Integrate education and training programs

6 for former combatants with economic development

7 programs to encourage their reintegration into soci8 ety and to promote post-conflict stability.

9 (5) Provide assistance to rehabilitate children

10 affected by the conflict, particularly child soldiers.

11 (6) Support educational efforts to increase

12 awareness with respect to landmines, facilitate the

13 removal of landmines, and provide services to indi14 viduals with disabilities caused by landmines.

15 (d) AFGHAN MILITARY AND POLICE.—With respect

16 to training for military and police forces in Afghanistan,

17 the applicable requirements are the following:

18 (1) Include training on the protection, rights,

19 and the particular needs of women and emphasize

20 that violations of women’s rights are intolerable and

21 should be prosecuted.

22 (2) Encourage such trainers who will carry out

23 the activities in paragraph (1) to consult with wom24 en’s organizations in Afghanistan to ensure that
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1 training content and materials are adequate, appro2 priate, and comprehensive.

3 (e) RELIEF, RESETTLEMENT, AND REPATRIATION OF

4 REFUGEES AND INTERNALLY DISPLACED PERSONS.—

5 With respect to the relief, resettlement, and repatriation

6 of refugees and internally displaced persons in Afghani7 stan, the applicable requirements are the following:

8 (1) Take all necessary steps to ensure that

9 women refugees and internally displaced persons in

10 camps, urban areas, and villages are directly receiv11 ing food aid, shelter, relief supplies, and other serv12 ices from United States-sponsored programs.

13 (2) Take all necessary steps to ensure that

14 women refugees in camps, urban areas, and villages

15 are accessing high-quality health and medical serv16 ices, including primary, maternal, child, and mental

17 health services.

18 (3) Take all necessary steps to ensure that

19 women and children in refugee camps are protected

20 from sexual exploitation.

21 (4) Take all necessary steps to ensure refugees

22 and internally displaced persons that seek to return

23 to their place of origin can do so voluntarily, safely,

24 and with the full protection of their rights. United

25 States-sponsored efforts shall not coerce refugees or
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1 internally displaced persons to return to their places

2 of origin.

3 SEC. 1706. REPORTING REQUIREMENTS.

4 Not later than 60 days after the date of the enact5 ment of this Act, and annually thereafter, the President

6 shall prepare and transmit to Congress a report that con7 tains documentation of the progress in implementing the

8 requirements of section 1705. All data in the report shall

9 be disaggregated by gender.

10 TITLE XVIII—MISCELLANEOUS

11 FOREIGN ASSISTANCE PROVI12 SIONS

13 SEC. 1801. ADDITIONAL AUTHORITIES RELATING TO INTER14 NATIONAL NARCOTICS CONTROL ASSIST15 ANCE.

16 Notwithstanding any other provision of law, assist17 ance provided by the United States Government to sup18 port international efforts to combat aerial trafficking of

19 illicit narcotics under chapter 8 of part I of the Foreign

20 Assistance Act of 1961 or under any other provision of

21 law shall include the authority to interdict illicit arms in

22 connection with the trafficking of illicit narcotics.
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1 SEC. 1802. UNITED STATES OPIUM ERADICATION PROGRAM

2 IN COLOMBIA.

3 Not later than 180 days after the date of the enact4 ment of this Act, the Secretary of State, acting through

5 the Department of State’s Narcotics Affairs Section

6 (NAS) in Bogota, Colombia, shall ensure that all pilots

7 participating in the United States opium eradication pro8 gram in Colombia are Colombians and are fully trained,

9 qualified, and experienced pilots, with preference provided

10 to individuals who are members of the Colombian National

11 Police.

12 SEC. 1803. COOPERATIVE DEVELOPMENT PROGRAM.

13 Of the amounts made available for development as14 sistance under the Foreign Assistance Act of 1961, not

15 less than $2,000,000 for each of the fiscal years 2004 and

16 2005 are authorized to be made available to finance

17 projects among the United States, Israel, and developing

18 countries in Africa under the Cooperative Development

19 Program.

20 SEC. 1804. WEST BANK AND GAZA PROGRAM.

21 (a) OVERSIGHT.—For fiscal year 2004, the Secretary

22 of State shall certify to the appropriate committees of

23 Congress not later than 30 days prior to the initial obliga24 tion of funds for the West Bank and Gaza that procedures

25 have been established to assure the Comptroller General

26 will have access to appropriate United States financial in-
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1 formation in order to review the use of United States as2 sistance for the West Bank and Gaza funded under chap3 ter 4 of part II of the Foreign Assistance Act of 1961

4 (‘‘Economic Support Fund’’).

5 (b) VETTING.—Prior to any obligation of funds au6 thorized to be appropriated to carry out chapter 4 of part

7 II of the Foreign Assistance Act of 1961 for assistance

8 for the West Bank and Gaza, the Secretary of State shall

9 take all appropriate steps to ensure that such assistance

10 is not provided to or through any individual or entity that

11 the Secretary knows, or has reason to believe, advocates,

12 plans, sponsors, engages in, or has engaged in, terrorist

13 activity. The Secretary of State shall, as appropriate, es14 tablish procedures specifying the steps to be taken in car15 rying out this subsection.

16 (c) AUDITS.—

17 (1) IN GENERAL.—The Administrator of the

18 United States Agency for International Development

19 shall ensure that independent audits of all contrac20 tors and grantees, and significant subcontractors

21 and subgrantees, under the West Bank and Gaza

22 Program, are conducted at least on an annual basis

23 to ensure, among other things, compliance with this

24 section.
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1 (2) AUDITS BY INSPECTOR GENERAL OF

2 USAID.—Of the funds authorized to be appropriated

3 by this Act to carry out chapter 4 of part II of the

4 Foreign Assistance Act of 1961 that are made avail5 able for assistance for the West Bank and Gaza, up

6 to $1,000,000 may be used by the Office of the In7 spector General of the United States Agency for

8 International Development for audits, inspections,

9 and other activities in furtherance of the require10 ments of paragraph (1). Such funds are in addition

11 to funds otherwise available for such purposes.

12 SEC. 1805. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON

13 INCITEMENT TO ACTS OF DISCRIMINATION.

14 (a) COUNTRIES RECEIVING ECONOMIC ASSIST15 ANCE.—Section 116(d) of the Foreign Assistance Act of

16 1961 (22 U.S.C. 2151n(d)) is amended—

17 (1) in paragraph (9), by striking ‘‘and’’ at the

18 end;

19 (2) in paragraph (10), by striking the period at

20 the end and inserting ‘‘; and’’; and

21 (3) by adding at the end the following:

22 ‘‘(11)(A) wherever applicable, in a separate sec23 tion with a separate heading, a description of the

24 nature and extent of—
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1 ‘‘(i) propaganda in government and gov2 ernment-controlled media and other sources, in3 cluding government-produced educational mate4 rials and textbooks, that attempt to justify or

5 promote racial hatred or incite acts of violence

6 against any race or people; and

7 ‘‘(ii) complicity or involvement in the cre8 ation of such propaganda or incitement of acts

9 of violence against any race; and

10 ‘‘(B) a description of the actions, if any, taken

11 by the government of the country to eliminate such

12 propaganda or incitement.’’.

13 (b) COUNTRIES RECEIVING SECURITY ASSIST14 ANCE.—Section 502B(b) of the Foreign Assistance Act of

15 1961 (22 U.S.C. 2304(b)) is amended by inserting after

16 the eighth sentence the following: ‘‘Each report under this

17 section shall also include wherever applicable, in a sepa18 rate section with a separate heading, a description of (i)

19 the nature and extent of (I) propaganda in government

20 and government-controlled media and other sources, in21 cluding government-produced educational materials and

22 textbooks, that attempt to justify or promote racial hatred

23 or incite acts of violence against any race, and (II) com24 plicity or involvement in the creation of such propaganda

25 or incitement of acts of violence against any race or peo-
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1 ple, and (ii) a description of the actions, if any, taken by

2 the government of the country to eliminate such propa3 ganda or incitement.’’.

4 SEC. 1806. ASSISTANCE TO EAST TIMOR.

5 Section 632(b)(1) of the Foreign Relations Author6 ization Act, Fiscal Year 2003 (Public Law 107–228) is

7 amended by striking ‘‘the fiscal year 2003’’ and inserting

8 ‘‘each of the fiscal years 2003, 2004, and 2005’’.

9 SEC. 1807. SUPPORT FOR DEMOCRACY-BUILDING EFFORTS

10 FOR CUBA.

11 (a) STATEMENT OF POLICY.—It is the policy of the

12 United States to support those individuals and groups who

13 struggle for freedom and democracy in Cuba, including

14 human rights dissidents, independent journalists, inde15 pendent labor leaders, and other opposition groups.

16 (b) AUTHORIZATION OF APPROPRIATIONS.—

17 (1) IN GENERAL.—There are authorized to be

18 appropriated to the President to carry out section

19 109(a) of Public Law 104–114 (22 U.S.C. 6039(a))

20 $15,000,000 for each of the fiscal years 2004 and

21 2005.

22 (2) ADDITIONAL AUTHORITIES.—Amounts ap23 propriated pursuant to the authorization of appro24 priations under subsection (a)—
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1 (A) are authorized to remain available

2 until expended; and

3 (B) are in addition to amounts otherwise

4 available for such purposes.

5 SEC. 1808. AMENDMENT TO THE AFGHANISTAN FREEDOM

6 SUPPORT ACT OF 2002.

7 The Afghanistan Freedom Support Act of 2002 (22

8 U.S.C. 7501 et seq.) is amended—

9 (1) in section 103(a) by striking ‘‘section 512

10 of Public Law 107–115 or any similar’’ and insert11 ing ‘‘any other’’; and

12 (2) in section 207(b) by striking ‘‘section 512

13 of Public Law 107–115 or any similar’’ and insert14 ing ‘‘any other’’.

15 SEC. 1809. CONGO BASIN FOREST PARTNERSHIP.

16 (a) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to the President to carry

18 out the Congo Basin Forest Partnership (CBFP) program

19 $18,600,000 for each of the fiscal years 2004 and 2005.

20 Of the amounts appropriated pursuant to the authoriza21 tion of appropriations under the preceding sentence for

22 a fiscal year, $16,000,000 is authorized to be made avail23 able to the Central Africa Regional Program for the Envi24 ronment (CARPE) of the United States Agency for Inter25 national Development.
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1 (b) AVAILABILITY.—Amounts appropriated pursuant

2 to the authorization of appropriations under subsection (a)

3 are authorized to remain available until expended.

4 SEC. 1810. COMBATTING THE PIRACY OF UNITED STATES

5 COPYRIGHTED MATERIALS.

6 (a) AUTHORIZATION OF APPROPRIATIONS.—In addi7 tion to such amounts as may otherwise be authorized to

8 be appropriated for such purpose, there are authorized to

9 be appropriated for the Department of State, $10,000,000

10 to carry out the following activities in countries that are

11 not members of the Organization for Economic Coopera12 tion and Development (OECD):

13 (1) Provision of equipment and training for for14 eign law enforcement, including in the interpretation

15 of intellectual property laws.

16 (2) Training for judges and prosecutors, includ17 ing in the interpretation of intellectual property

18 laws.

19 (3) Assistance in complying with obligations

20 under appropriate international copyright and intel21 lectual property treaties and agreements.

22 (b) CONSULTATION WITH WORLD INTELLECTUAL

23 PROPERTY ORGANIZATION.—In carrying out subsection

24 (a), the Department of State should make every effort to

25 consult with, and provide appropriate assistance to, the
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1 World Intellectual Property Organization to promote the

2 integration of non-OECD countries into the global intel3 lectual property system.

4 SEC. 1811. ASSISTANCE FOR LAW ENFORCEMENT FORCES

5 IN CERTAIN FOREIGN COUNTRIES.

6 Notwithstanding section 660 of the Foreign Assist7 ance Act of 1961 (22 U.S.C. 2420), the Administrator of

8 the United States Agency for International Development

9 is authorized to provide assistance for fiscal years 2004

10 and 2005 to—

11 (1) law enforcement agencies of the Govern12 ment of India for the purposes of enhancing their

13 capacity for medical-first-response and search-and14 rescue operations after a natural disaster, improving

15 the access of women to justice, and combating the

16 trafficking of persons; and

17 (2) the new police force of Northern Ireland for

18 the purpose of providing computer-based, human19 rights and other professional training, and the law

20 enforcement agencies of the Republic of Ireland

21 (ROI) for the purposes of fostering greater coopera22 tion and communication between the police force of

23 the Republic of Ireland and the new police force of

24 Northern Ireland, as recommended by the Patten

25 Commission.
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1 SEC. 1812. HUMAN RIGHTS AND DEMOCRACY FUND.

2 Section 664(c)(1) of the Freedom Investment Act of

3 2002 (subtitle E of title VI of division A of Public Law

4 107–228; 22 U.S.C. 2151n–2(c)(1)) is amended—

5 (1) by striking ‘‘for fiscal year 2003’’ and in6 serting ‘‘for each of the fiscal years 2003 through

7 2005’’; and

8 (2) by striking ‘‘$21,500,000 is’’ and inserting

9 ‘‘$21,500,000 for fiscal year 2003, $24,000,000 for

10 fiscal year 2004, and such sums as may be nec11 essary for fiscal year 2005 are’’.

12 SEC. 1813. ENHANCED POLICE TRAINING.

13 (a) IN GENERAL.—Section 660(b) of the Foreign As14 sistance Act of 1961 (22 U.S.C. 2420(b)) is amended—

15 (1) in paragraph (7), by striking the period at

16 the end and inserting ‘‘; or’’; and

17 (2) by adding at the end the following new

18 paragraph:

19 ‘‘(8) with respect to assistance provided to en20 hance the effectiveness and accountability of civilian

21 police authority through training and technical as22 sistance in internationally recognized human rights,

23 the rule of law, strategic planning, and counter-nar24 cotics, and through the promotion of civilian police

25 roles that support democratic governance, including

26 programs to combat corruption and the trafficking
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1 of persons, particularly by organized crime, prevent

2 conflict, and foster improved police relations with

3 the communities in which they serve.’’.

4 (b) NOTIFICATION REQUIREMENT.—Section 660 of

5 the Foreign Assistance Act of 1961 (22 U.S.C. 2420) is

6 amended by adding at the end the following new sub7 section:

8 ‘‘(e) Funds may not be obligated for assistance under

9 subsection (b)(8) unless the Secretary of State notifies the

10 Committee on International Relations of the House of

11 Representatives and the Committee on Foreign Relations

12 of the Senate of the amount and nature of the proposed

13 assistance at least 15 days in advance of the proposed obli14 gation in accordance with the procedures applicable to re15 programming notifications pursuant to section 634A of

16 this Act. Such notification shall include a comprehensive

17 report and, where practicable, a plan describing the police

18 assistance and rule of law programs of relevant United

19 States agencies for each country which is to receive assist20 ance under section 660(b)(8).’’.

21 SEC. 1814. PROMOTING A SECURE AND DEMOCRATIC AF22 GHANISTAN.

23 (a) FINDINGS.—The Congress finds that—

24 (1) the United States has a vital interest in

25 promoting Afghanistan’s transition from chaos, civil
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1 war, and disorder to an increasingly prosperous

2 democratic state, safe and secure with its neighbors,

3 respecting human rights, particularly the rights of

4 women and girls, dedicated to the liberty, literacy,

5 and enrichment of its citizens, and serving as a

6 model for other countries;

7 (2) basic security in the major cities and along

8 key transportation routes is critical to the recon9 struction and development of Afghanistan, including

10 fostering implementation of the Bonn Agreement,

11 achieving progress towards a democratic and toler12 ant government, and encouraging international pri13 vate investment;

14 (3) Afghanistan and its people remain under se15 rious threat from terrorism, insurgency, widespread

16 crime, banditry, intimidation, rape, and suppression

17 of minorities and women, and other grave violations

18 of human rights continue to occur, especially in

19 areas that do not have a routine presence of inter20 national security personnel;

21 (4) lethal clashes continue between the private

22 armies of warlords, attacks against Afghan civilians

23 and officials and United States and international or24 ganization personnel are on the rise, and threats

25 against civilians and whole villages not to cooperate
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1 with Americans or the central government are now

2 routine;

3 (5) the growth, production, and trafficking of

4 Afghan opium and its derivatives pose a serious

5 threat to international peace and security and efforts

6 toward reconstruction in Afghanistan;

7 (6) recruitment and training of the Afghan Na8 tional Army and the Afghan National Police are se9 riously behind schedule and will not be at full

10 strength for several years, leaving the central gov11 ernment and Afghan citizens vulnerable to the dep12 redations of terrorists, insurgents, and the private

13 armies of warlords;

14 (7) although the 4,500 soldiers of the Inter15 national Security Assistance Force (ISAF) have pro16 vided much-needed security for the citizens of Kabul,

17 it is not within their mandate or power to promote

18 security to other areas, and human rights abuses are

19 continuing in areas in and around Kabul where

20 ISAF is not present;

21 (8) vastly disproportionate numbers of refugees

22 returning from neighboring countries have gone to

23 Kabul because of the security provided by ISAF and

24 the insecurity of their home areas, overwhelming
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1 Kabul and far exceeding its capacity for shelter,

2 food, and employment;

3 (9) NATO has recently decided to take over re4 sponsibility for a limited ISAF, a welcome develop5 ment that will not, unfortunately, provide any addi6 tional security in Kabul or elsewhere;

7 (10) the United States has stated on numerous

8 occasions that it does not oppose the expansion of

9 ISAF, but that heretofore other countries have not

10 expressed a willingness to participate in an expanded

11 force;

12 (11) the United States has not itself dem13 onstrated a commitment to expansion of ISAF or a

14 similar international security or peacekeeping force,

15 a commitment to leadership that other nations may

16 more likely follow;

17 (12) the Secretary of Defense has announced

18 that the combat phase of the war in Afghanistan has

19 ended, and that the United States will be focusing

20 its efforts on a reconstruction phase utilizing lightly21 armed, platoon-sized Provincial Reconstruction

22 Teams to provide security for reconstruction efforts,

23 rather than an expanded international peacekeeping

24 or patrolling security force;
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1 (13) the Provincial Reconstruction Teams may

2 prove inadequate to provide a significant level of se3 curity to their regions, and are not tasked to secure

4 the major transportation routes which are critical to

5 the economic revival of Afghanistan;

6 (14) United States and foreign nongovern7 mental aid workers and Afghan civilian aid workers

8 are at great risk of being robbed, beaten, and killed

9 in areas of Afghanistan that are not being patrolled

10 by United States forces or Afghan central govern11 ment forces;

12 (15) such acts of theft, intimidation, and mur13 der against foreign aid and Afghan civilian workers

14 are occurring with increasing frequency, and are

15 often deliberately committed by Taliban and other

16 insurgent and rebel forces with the intention of cre17 ating sufficient terror to undermine and arrest any

18 efforts to rebuild Afghanistan into a peaceful, demo19 cratic, and prosperous nation that prohibits ter20 rorism and tyranny;

21 (16) the report of the Inspector General of the

22 United States Agency for International Development

23 (USAID) confirms that USAID workers are virtual

24 captives in their compounds, able to venture out into

25 the countryside for brief periods and only under
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1 heavy armed escort, conditions which are counter2 productive to their mission of assisting the people of

3 Afghanistan;

4 (17) the Taliban and al-Qaeda may believe they

5 only have to create enough terror and uncertainty in

6 the country to undermine the creation of strong rep7 resentative institutions, and wait until the United

8 States leaves to again create chaos, exploit tribal ri9 valries, and plunge Afghanistan back into chaos;

10 (18) failure to secure a peaceful and democratic

11 Afghanistan will diminish the credibility of efforts by

12 the United States and the international community

13 to promote peace and democracy elsewhere in the

14 Muslim world; and

15 (19) unless general security can be provided in

16 the major population areas, strategic highways, and

17 border crossings and chokepoints, the goals for

18 which the war in Afghanistan was fought may be

19 lost and the efforts and lives spent in the attempt

20 to liberate and rebuild Afghanistan may be wasted.

21 (b) SECURITY POLICY.—

22 (1) SECURITY ALONG HIGHWAYS.—The Presi23 dent shall take immediate steps to ensure that there

24 is adequate security along the length of highways

25 connecting major Afghan urban centers in order to
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1 terminate and deter acts of banditry, illegal check2 points, human rights abuses, terrorism, and intimi3 dation against Afghan and foreign civilians and mili4 tary personnel.

5 (2) DISARMAMENT, ETC. OF AFGHAN MILI6 TIAS.—The President shall take immediate steps to

7 support directly the disarmament, demobilization,

8 and reintegration of Afghan militias and irregulars

9 that are not formally part of the Afghan National

10 Army or under the direct control of the central gov11 ernment in Afghanistan.

12 (c) SENSE OF CONGRESS.—It is the sense of the Con13 gress that the President should take steps to implement

14 section 206(d) of the Afghanistan Freedom Support Act

15 of 2002 (Public Law 107–327) to expand significantly the

16 International Security Assistance Force, or take such

17 other steps as may be necessary, such as increasing the

18 number and force levels of United States Provincial Re19 construction Teams, so as to—

20 (1) increase the area in which security is pro21 vided and undertake vital tasks related to promoting

22 security, such as disarming warlords militias and

23 irregulars;

24 (2) deter criminal activity, including rape, rob25 bery, and intimidation of civilians; and
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1 (3) safeguard highways in order to allow gov2 ernmental and nongovernmental assistance and re3 construction personnel to move more freely in the

4 countryside to provide humanitarian relief and re5 build Afghanistan.

6 SEC. 1815. GRANTS TO THE AFRICA SOCIETY.

7 (a) GRANTS TO THE AFRICA SOCIETY.—For any fis8 cal year, the Secretary of State is authorized to make

9 grants to the Africa Society to carry out programs and

10 activities that advance United States interests and values

11 in Africa through public and private partnerships that fa12 cilitate the continent’s political transition to more open

13 democratic societies, support equitable economic growth

14 through trade and investment, support efforts to promote

15 transparency and openness through the public and private

16 sectors, encourage civil society growth and development,

17 and promote awareness of all Americans about Africa,

18 consistent with a grant agreement under such terms as

19 the Secretary of State considers necessary and appro20 priate.

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There

22 are authorized to be appropriated to carry out this section

23 $1,000,000 for the fiscal year 2004 and such sums as may

24 be necessary for the fiscal year 2005.
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1 SEC. 1816. ASSISTANCE TO TAMIL NADU.

2 (a) FINDINGS.—Congress makes the following find3 ings:

4 (1) Several United States businesses invested

5 more than $800,000,000 in capital in the Indian

6 State of Tamil Nadu to build and operate state-of7 the-art electric generation facilities to serve local

8 customers.

9 (2) For nearly 2 years since these power plants

10 went into service, the Tamil Nadu Electricity Board

11 has violated the principle of contract sanctity by

12 consistently refusing to pay the contractually-re13 quired price for the electricity produced by these

14 companies.

15 (3) The Tamil Nadu Electricity Board now

16 owes these United States companies in excess of

17 $150,000,000 in arrearages despite repeated assur18 ances by the Government of Tamil Nadu that the

19 situation would be resolved.

20 (4) All of the projects are in a technical state

21 of default on the principal of their loans and none

22 of the United States companies is making a return

23 on their equity.

24 (b) RESTRICTION.—No funds authorized by this Act

25 (including any amendments made by this Act) or author26 ized under any other provision of law may be used to di-
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1 rectly or indirectly support any programs, projects, or ac2 tivities (other than humanitarian, health, or rule of law

3 programs, projects, or activities) located in or designed to

4 benefit the State of Tamil Nadu, India.

5 SEC. 1817. TRANSFER OF NAVAL VESSELS TO CERTAIN FOR6 EIGN COUNTRIES.

7 (a) TRANSFERS BY GRANT.—The President is au8 thorized to transfer vessels to foreign countries on a grant

9 basis under section 516 of the Foreign Assistance Act of

10 1961 (22 U.S.C. 2321j), as follows:

11 (1) BAHRAIN.—To the Government of Bahrain,

12 the OLIVER HAZARD PERRY class guided missile

13 frigate GEORGE PHILIP (FFG 12).

14 (2) PORTUGAL.—To the Government of Por15 tugal, the OLIVER HAZARD PERRY class guided

16 missile frigate SIDES (FFG 14).

17 (b) TRANSFERS BY SALE.—The President is author18 ized to transfer vessels to foreign countries on a sale basis

19 under section 21 of the Arms Export Control Act (22

20 U.S.C. 2761) as follows:

21 (1) BRAZIL.—To the Government of Brazil, the

22 SPRUANCE class destroyer O’BRIEN (DD 975).

23 (2) CHILE.—To the Government of Chile, the

24 SPRUANCE class destroyer FLETCHER (DD

25 992).
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1 (3) TURKEY.—To the Government of Turkey,

2 the ANCHORAGE class dock landing ship AN3 CHORAGE (LSD 36).

4 (c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

5 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value

6 of a vessel transferred to another country on a grant basis

7 under section 516 of the Foreign Assistance Act of 1961

8 (22 U.S.C. 2321j) pursuant to authority provided by sub9 section (a) shall not be counted against the aggregate

10 value of excess defense articles transferred to countries in

11 any fiscal year under subsection (g) of that section.

12 (d) COSTS OF TRANSFERS ON GRANT BASIS.—Any

13 expense incurred by the United States in connection with

14 a transfer authorized to be made on a grant basis under

15 section 516 of the Foreign Assistance Act of 1961 (22

16 U.S.C. 2321j) pursuant to the authority provided by sub17 section (a) shall be charged to the recipient (notwith18 standing section 516(e)(1) of such Act).

19 (e) REPAIR AND REFURBISHMENT IN UNITED

20 STATES SHIPYARDS.—To the maximum extent prac21 ticable, the President shall require, as a condition of the

22 transfer of a vessel under this section, that the country

23 to which the vessel is transferred have such repair or re24 furbishment of the vessel as is needed, before the vessel

25 joins the naval forces of that country, performed at a ship-
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1 yard located in the United States, including a United

2 States Navy shipyard.

3 (f) EXPIRATION OF AUTHORITY.—The authority to

4 transfer a vessel under this section shall expire at the end

5 of the two-year period beginning on the date of the enact6 ment of this Act.

7 SEC. 1818. ASSISTANCE TO COMBAT HIV/AIDS IN CERTAIN

8 COUNTRIES OF THE CARIBBEAN REGION.

9 Section 1(f)(2)(B)(ii)(VII) of the State Department

10 Basic Authorities Act of 1956 (22 U.S.C.

11 2651a(f)(2)(B)(ii)(VII)) is amended by inserting after

12 ‘‘Zambia,’’ the following: ‘‘Antigua and Barbuda, the

13 Bahamas, Barbados, Belize, Dominica, Grenada, Jamaica,

14 Montserrat, Saint Kitts and Nevis, Saint Vincent and the

15 Grenadines, Saint Lucia, Suriname, Trinidad and Tobago,

16 Dominican Republic,’’.

17 SEC. 1819. REPORT ON PROGRESS MADE IN MODIFYING

18 THE ENHANCED HIPC INITIATIVE.

19 Within 90 days after the date of the enactment of

20 this Act, and annually thereafter, the Secretary of the

21 Treasury shall submit to the Committees on Financial

22 Services, on Appropriations, and on International Rela23 tions of the House of Representatives and the Committees

24 on Foreign Relations and on Appropriations of the Senate

25 a written report that describes the progress made in modi-
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1 fying the Enhanced HIPC Initiative (as defined in section

2 1625(e)(3) of the International Financial Institutions Act)

3 as called for in section 501 of of the United States Leader4 ship Against HIV/AIDS, Tuberculosis, and Malaria Act

5 of 2003.

6 DIVISION E—ASSISTANCE FOR

7 VIET NAM

8 TITLE XX—CONDITIONS ON IN9 CREASED NONHUMANI10 TARIAN ASSISTANCE TO THE

11 GOVERNMENT OF VIET NAM

12 SEC. 2001. BILATERAL NONHUMANITARIAN ASSISTANCE.

13 (a) ASSISTANCE.—

14 (1) IN GENERAL.—United States nonhumani15 tarian assistance may not be provided to the Govern16 ment of Viet Nam in an amount exceeding the

17 amount so provided for fiscal year 2003—

18 (A) for fiscal year 2004 unless not later

19 than 30 days after the date of the enactment of

20 this Act the President determines and certifies

21 to Congress that the requirements of subpara22 graphs (A) through (D) of paragraph (2) have

23 been met during the 12–month period ending

24 on the date of the certification; and
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1 (B) for each subsequent fiscal year unless

2 the President determines and certifies to Con3 gress in the most recent annual report sub4 mitted pursuant to section 501 that the re5 quirements of subparagraphs (A) through (E)

6 of paragraph (2) have been met during the 12–

7 month period covered by the report.

8 (2) REQUIREMENTS.—The requirements of this

9 paragraph are that—

10 (A) the Government of Viet Nam has made

11 substantial progress toward releasing all polit12 ical and religious prisoners from imprisonment,

13 house arrest, and other forms of detention;

14 (B)(i) the Government of Viet Nam has

15 made substantial progress toward respecting

16 the right to freedom of religion, including the

17 right to participate in religious activities and in18 stitutions without interference by or involve19 ment of the Government; and

20 (ii) has made substantial progress to21 ward returning estates and properties con22 fiscated from the churches;

23 (C) the Government of Viet Nam has made

24 substantial progress toward allowing Viet-
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1 namese nationals free and open access to

2 United States refugee programs;

3 (D) the Government of Viet Nam has

4 made substantial progress toward respecting

5 the human rights of members of ethnic minority

6 groups in the Central Highlands and elsewhere

7 in Viet Nam; and

8 (E)(i) neither any official of the Govern9 ment of Viet Nam nor any agency or entity

10 wholly or partly owned by the Government of

11 Viet Nam was complicit in a severe form of

12 trafficking in persons; or

13 (ii) the Government of Viet Nam took

14 all appropriate steps to end any such com15 plicity and hold such official, agency, or

16 entity fully accountable for its conduct.

17 (b) EXCEPTION.—

18 (1) CONTINUATION OF ASSISTANCE IN THE NA19 TIONAL INTEREST.—Notwithstanding the failure of

20 the Government of Viet Nam to meet the require21 ments of subsection (a)(2), the President may waive

22 the application of subsection (a) for any fiscal year

23 if the President determines that the provision to the

24 Government of Viet Nam of increased United States

25 nonhumanitarian assistance would promote the pur-
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1 poses of this Act or is otherwise in the national in2 terest of the United States.

3 (2) EXERCISE OF WAIVER AUTHORITY.—The

4 President may exercise the authority under para5 graph (2) with respect to—

6 (A) all United States nonhumanitarian as7 sistance to Viet Nam; or

8 (B) one or more programs, projects, or ac9 tivities of such assistance.

10 (c) DEFINITIONS.—In this section:

11 (1) SEVERE FORM OF TRAFFICKING IN PER12 SONS.—The term ‘‘severe form of trafficking in per13 sons’’ means any activity described in section 103(8)

14 of the Trafficking Victims Protection Act of 2000

15 (Public Law 106–386 (114 Stat. 1470); 22 U.S.C.

16 7102(8)).

17 (2) UNITED STATES NONHUMANITARIAN AS18 SISTANCE.—The term ‘‘United States nonhumani19 tarian assistance’’ means—

20 (A) any assistance under the Foreign As21 sistance Act of 1961 (including programs under

22 title IV of chapter 2 of part I of that Act, relat23 ing to the Overseas Private Investment Cor24 poration), other than—
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1 (i) disaster relief assistance, including

2 any assistance under chapter 9 of part I of

3 that Act;

4 (ii) assistance which involves the pro5 vision of food (including monetization of

6 food) or medicine; and

7 (iii) assistance for refugees; and

8 (B) sales, or financing on any terms, under

9 the Arms Export Control Act.

10 TITLE XXI—ASSISTANCE TO SUP11 PORT HUMAN RIGHTS AND

12 DEMOCRACY IN VIET NAM

13 SEC. 2101. ASSISTANCE.

14 (a) IN GENERAL.—The President is authorized to

15 provide assistance, through appropriate nongovernmental

16 organizations, for the support of individuals and organiza17 tions to promote democracy and internationally recognized

18 human rights in Viet Nam.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to the President to carry

21 out subsection (a) $2,000,000 for each of the fiscal years

22 2004 and 2005.
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1 TITLE XXII—UNITED STATES

2 PUBLIC DIPLOMACY

3 SEC. 2201. RADIO FREE ASIA TRANSMISSIONS TO VIET NAM.

4 (a) POLICY OF THE UNITED STATES.—It is the pol5 icy of the United States to take such measures as are nec6 essary to overcome the jamming of Radio Free Asia by

7 the Government of Viet Nam, including the active pursuit

8 of broadcast facilities in close geographic proximity to Viet

9 Nam.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi11 tion to such amounts as are otherwise authorized to be

12 appropriated for the Broadcasting Board of Governors,

13 there are authorized to be appropriated to carry out the

14 policy under subsection (a) $9,100,000 for the fiscal year

15 2004 and $1,100,000 for the fiscal year 2005.

16 SEC. 2202. UNITED STATES EDUCATIONAL AND CULTURAL

17 EXCHANGE PROGRAMS WITH VIET NAM.

18 It is the policy of the United States that programs

19 of educational and cultural exchange with Viet Nam

20 should actively promote progress toward freedom and de21 mocracy in Viet Nam by providing opportunities to Viet22 namese nationals from a wide range of occupations and

23 perspectives to see freedom and democracy in action and,

24 also, by ensuring that Vietnamese nationals who have al-
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1 ready demonstrated a commitment to these values are in2 cluded in such programs.

3 TITLE XXIII—UNITED STATES

4 REFUGEE POLICY

5 SEC. 2301. REFUGEE RESETTLEMENT FOR NATIONALS OF

6 VIET NAM.

7 (a) POLICY OF THE UNITED STATES.—It is the pol8 icy of the United States to offer refugee resettlement to

9 nationals of Viet Nam (including members of the

10 Montagnard ethnic minority groups) who were eligible for

11 the Orderly Departure Program (ODP), Resettlement Op12 portunities for Vietnamese Returnees (ROVR) or any

13 other United States refugee program and who were

14 deemed ineligible due to administrative error or who for

15 reasons beyond the control of such individuals (including

16 insufficient or contradictory information or the inability

17 to pay bribes demanded by officials of the Government of

18 Viet Nam) were unable or failed to apply for such pro19 grams in compliance with deadlines imposed by the De20 partment of State.

21 (b) AUTHORIZED ACTIVITY.—Of the amounts au22 thorized to be appropriated to the Department of State

23 for Migration and Refugee Assistance for each of the fiscal

24 years 2004, 2005, and 2006, such sums as may be nec25 essary are authorized to be made available for the protec-
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1 tion (including resettlement in appropriate cases) of Viet2 namese refugees and asylum seekers, including

3 Montagnards in Cambodia.

4 TITLE XIV—ANNUAL REPORT ON

5 PROGRESS TOWARD FREE6 DOM AND DEMOCRACY IN

7 VIET NAM

8 SEC. 2401. ANNUAL REPORT.

9 (a) IN GENERAL.—Not later than 6 months after the

10 date of the enactment of this Act and every 12 months

11 thereafter, the Secretary of State shall submit to the Con12 gress a report on the following:

13 (1)(A) The determination and certification of

14 the President that the requirements of section

15 2001(a)(2) have been met, if applicable.

16 (B) The determination of the President under

17 section 2001(b)(2), if applicable.

18 (2) Efforts by the United States Government to

19 secure transmission sites for Radio Free Asia in

20 countries in close geographical proximity to Viet

21 Nam in accordance with section 2201(a).

22 (3) Efforts to ensure that programs with Viet

23 Nam promote the policy set forth in section 302 and

24 with section 102 of the Human Rights, Refugee, and

25 Other Foreign Policy Provisions Act of 1996 regard-
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1 ing participation in programs of educational and cul2 tural exchange.

3 (4) Steps taken to carry out the policy under

4 section 2301(a).

5 (5) Lists of persons believed to be imprisoned,

6 detained, or placed under house arrest, tortured, or

7 otherwise persecuted by the Government of Viet

8 Nam due to their pursuit of internationally recog9 nized human rights. In compiling such lists, the Sec10 retary shall exercise appropriate discretion, including

11 concerns regarding the safety and security of, and

12 benefit to, the persons who may be included on the

13 lists and their families. In addition, the Secretary

14 shall include a list of such persons and their families

15 who may qualify for protection under United States

16 refugee programs.

17 (6) A description of the development of the rule

18 of law in Viet Nam, including, but not limited to—

19 (A) progress toward the development of in20 stitutions of democratic governance;

21 (B) processes by which statutes, regula22 tions, rules, and other legal acts of the Govern23 ment of Viet Nam are developed and become

24 binding within Viet Nam;
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1 (C) the extent to which statutes, regula2 tions, rules, administrative and judicial deci3 sions, and other legal acts of the Government of

4 Viet Nam are published and are made acces5 sible to the public;

6 (D) the extent to which administrative and

7 judicial decisions are supported by statements

8 of reasons that are based upon written statutes,

9 regulations, rules and other legal acts of the

10 Government of Viet Nam;

11 (E) the extent to which individuals are

12 treated equally under the laws of Viet Nam

13 without regard to citizenship, race, religion, po14 litical opinion, or current or former associa15 tions;

16 (F) the extent to which administrative and

17 judicial decisions are independent of political

18 pressure or governmental interference and are

19 reviewed by entities of appellate jurisdiction;

20 and

21 (G) the extent to which laws in Viet Nam

22 are written and administered in ways that are

23 consistent with international human rights

24 standards, including the requirements of the
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1 International Covenant on Civil and Political

2 Rights.

3 (b) CONTACTS WITH OTHER ORGANIZATIONS.— In

4 preparing the report under subsection (a), the Secretary

5 shall, as appropriate, consult with and seek input from

6 nongovernmental organizations, human rights advocates

7 (including Vietnamese-Americans and human rights advo8 cates in Viet Nam), and the United States Commission

9 on Religious Freedom.

Passed the House of Representatives July 16, 2003.

Attest:

Clerk.