I 

108TH CONGRESS 

1ST SESSION H. R. 1950

To authorize appropriations for the Department of State for the 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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2003

Mr. HYDE (for himself, Mr. LANTOS, and Mr. BERMAN) introduced the 

following bill; which was referred to the Committee on International Relations 

A BILL

To authorize appropriations for the Department of State 

for the 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,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Relations Au5 thorization Act, Fiscal Years 2004 and 2005’’. 
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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

2 CONTENTS. 

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

4 Act is organized into two divisions as follows: 

5 (1) DIVISION A.—Department of State Author6 ization Act, Fiscal Years 2004 and 2005. 

7 (2) DIVISION B.—Defense Trade and Security 

8 Assistance Reform Act of 2003. 

9 (b) The table of contents for this Act is as follows:

Sec. 1. Short title. 

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

Sec. 3. Definitions. 

DIVISION A—DEPARTMENT OF STATE AUTHORIZATION ACT, 

FISCAL YEARS 2004 AND 2005

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. 
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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. Continuation of reporting requirements. 

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

with other countries. 

Sec. 224. Reimbursement rate for airlift services provided 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. Security capital cost sharing. 

Sec. 228. Authority to issue administrative subpoenas. 

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. 

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. 

Subtitle D—Consular Authorities 

Sec. 271. Machine readable visas. 

Sec. 272. Processing of visa applications. 

Sec. 273. Staffing at diplomatic missions. 

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. 

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. 
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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. 

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. 

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. 
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Sec. 607. International Free Media Fund. 

Sec. 608. Free media promotion activity of the Broadcasting Board of Governors. 

TITLE VII—MISCELLANEOUS PROVISIONS 

Subtitle A—Reporting Requirements 

Sec. 701. Reports on benchmarks for Bosnia. 

Sec. 702. Reports to Committee on International Relations. 

Sec. 703. Reports concerning the capture and prosecution of paramilitary and 

other terrorist leaders in Colombia. 

Sec. 704. Reports relating to Magen David Adom Society. 

Sec. 705. Report concerning the return of portraits of Holocaust victims to the 

artist Dina Babbitt. 

Sec. 706. Report to Congress on use of vested assets. 

Sec. 707. Report concerning the conflict in Uganda. 

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. 

DIVISION B—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. 
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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. 

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.

Subtitle C—Assistance for Select Countries 

Sec. 1321. Assistance for Israel. 

Sec. 1322. Assistance for Egypt. 

Subtitle D—International Narcotics Control Assistance 

Sec. 1331. Additional authorities relating to international narcotics control assistance. 

Sec. 1332. United States opium eradication program in Colombia. 

Subtitle E—Miscellaneous Provisions 

Sec. 1341. United States War Reserve Stockpiles for Allies. 

Sec. 1342. Transfer to Israel of certain defense articles in the United States 

War Reserve Stockpiles for Allies. 

Sec. 1343. Expansion of authorities for loan of material, supplies, and equipment for research and development purposes. 

Sec. 1344. Assistance for demining and related activities. 

Sec. 1345. Cooperative Development Program. 

Sec. 1346. West Bank and Gaza program. 

Sec. 1347. Annual human rights country reports on incitement to acts of discrimination. 

Sec. 1348. Assistance to East Timor. 

Sec. 1349. Support for democracy-building efforts for Cuba. 

Sec. 1350. Amendment to the Afghanistan Freedom Support Act of 2002. 

Sec. 1351. Congo Basin Forest Partnership. 

Sec. 1352. Combatting the piracy of United States copyrighted materials. 

Sec. 1353. Reports relating to Treaty Between the United States and the Russian Federation on Strategic Offensive Reductions. 
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Sec. 1354. Statement of House of Representatives regarding the Treaty Between the United States and the Russian Federation on Strategic Offensive Reductions. 

Sec. 1355. Nonproliferation and Disarmament Fund. 

Sec. 1356. Maritime interdiction patrol boats for Mozambique. 

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.

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. 
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1 DIVISION A—DEPARTMENT OF 

2 STATE AUTHORIZATION ACT, 

3 FISCAL YEARS 2004 AND 2005

4 SEC. 101. SHORT TITLE. 

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

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

7 TITLE I—AUTHORIZATIONS OF 

8 APPROPRIATIONS 

9 Subtitle A—Department of State 

10 SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS. 

11 (a) IN GENERAL.—The following amounts are au12 thorized to be appropriated for the Department under 

13 ‘‘Administration of Foreign Affairs’’ to carry out the au14 thorities, functions, duties, and responsibilities in the con15 duct of the foreign affairs of the United States, and for 

16 other purposes authorized by law, including public diplo17 macy activities and the diplomatic security program: 

18 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

19 (A) AUTHORIZATION OF APPROPRIA20 TIONS.—For ‘‘Diplomatic and Consular Pro21 grams’’, $4,187,544,000 for the fiscal year 

22 2004 and $4,438,796,000 for the fiscal year 

23 2005. 

24 (B) PUBLIC DIPLOMACY.—
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1 (i) IN GENERAL.—Of the amounts au2 thorized to be appropriated by subpara3 graph (A), $320,930,000 for the fiscal 

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

5 year 2005 is authorized to be appropriated 

6 for public diplomacy. 

7 (ii) IMPROVEMENTS IN PUBLIC DIPLO8 MACY PROGRAMS.—Of the amounts author9 ized to be appropriated under clause (i) 

10 $20,000,000 for the fiscal year 2004 and 

11 $20,000,000 for the fiscal year 2005 is au12 thorized to be available for improvements 

13 and modernization of public diplomacy pro14 grams and activities of the Department of 

15 State. 

16 (iii) TRANSLATION SERVICES.—Of the 

17 amounts authorized to be appropriated 

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

19 year 2004 and $4,000,000 for the fiscal 

20 year 2005 is authorized to be available for 

21 translation services available to public af22 fairs officers in overseas posts. 

23 (C) WORLDWIDE SECURITY UPGRADES.—

24 Of the amounts authorized to be appropriated 

25 by subparagraph (A), $646,701,000 for the fis-
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1 cal year 2004 and $679,036,000 for the fiscal 

2 year 2005 is authorized to be appropriated for 

3 worldwide security upgrades. 

4 (D) BUREAU OF DEMOCRACY, HUMAN

5 RIGHTS, AND LABOR.—Of the amounts author6 ized to be appropriated by subparagraph (A), 

7 $20,000,000 for the fiscal year 2004 and 

8 $20,000,000 for the fiscal year 2005 is author9 ized to be appropriated for salaries and ex10 penses of the Bureau of Democracy, Human 

11 Rights, and Labor. 

12 (E) RECRUITMENT OF MINORITY

13 GROUPS.—Of the amount authorized to be ap14 propriated by subparagraph (A), $2,000,000 for 

15 the fiscal year 2004 and $2,000,000 for the fis16 cal year 2005 is authorized to be appropriated 

17 for the recruitment of members of minority 

18 groups for careers in the Foreign Service and 

19 international affairs. 

20 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap21 ital Investment Fund’’, $157,000,000 for the fiscal 

22 year 2004 and $161,710,000 for the fiscal year 

23 2005. 

24 (3) EMBASSY SECURITY, CONSTRUCTION AND

25 MAINTENANCE.—
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1 (A) IN GENERAL.—For ‘‘Embassy Secu2 rity, Construction and Maintenance’’, 

3 $653,000,000 for the fiscal year 2004 and 

4 $784,000,000 for the fiscal year 2005, in addi5 tion to amounts otherwise authorized to be ap6 propriated for such purpose by section 604 of 

7 the Admiral James W. Nance and Meg Dono8 van Foreign Relations Authorization Act, Fiscal 

9 Years 2000 and 2001 (as enacted into law by 

10 section 1000(a)(7) of Public Law 106–113 and 

11 contained in appendix G of that Act; 113 Stat. 

12 1501A–470). 

13 (B) AMENDMENT OF THE NANCE-DONO14 VAN FOREIGN RELATIONS AUTHORIZATION

15 ACT.—Section 604(a) of the Admiral James W. 

16 Nance and Meg Donovan Foreign Relations Au17 thorization Act, Fiscal Years 2000 and 2001 

18 (113 Stat. 1501A–453) is amended—

19 (i) at the end of paragraph (4) by 

20 striking ‘‘and’’; 

21 (ii) in paragraph (5) by striking 

22 ‘‘$900,000,000.’’ and inserting 

23 ‘‘$1,000,000,000; and’’; and 

24 (iii) by inserting after paragraph (5) 

25 the following: 
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1 ‘‘(6) for fiscal year 2005, 

2 $1,000,000,000.’’. 

3 (4) REPRESENTATION ALLOWANCES.—For 

4 ‘‘Representation Allowances’’, $9,000,000 for the 

5 fiscal year 2004 and $9,000,000 for the fiscal year 

6 2005. 

7 (5) PROTECTION OF FOREIGN MISSIONS AND

8 OFFICIALS.—For ‘‘Protection of Foreign Missions 

9 and Officials’’, $10,000,000 for the fiscal year 2004 

10 and $10,000,000 for the fiscal year 2005. 

11 (6) EMERGENCIES IN THE DIPLOMATIC AND

12 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip13 lomatic and Consular Service’’, $1,000,000 for the 

14 fiscal year 2004 and such sums as may be necessary 

15 for the fiscal year 2005. 

16 (7) REPATRIATION LOANS.—For ‘‘Repatriation 

17 Loans’’, $1,219,000 for the fiscal year 2004 and 

18 $1,219,000 for the fiscal year 2005. 

19 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

20 TAIWAN.—For ‘‘Payment to the American Institute 

21 in Taiwan’’, $19,773,000 for the fiscal year 2004 

22 and $20,761,000 for the fiscal year 2005. 

23 (9) OFFICE OF THE INSPECTOR GENERAL.—

24 For ‘‘Office of the Inspector General’’, $31,703,000 
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1 for the fiscal year 2004 and $32,654,000 for the fis2 cal year 2005. 

3 (b) AVAILABILITY OF FUNDS FOR PROTECTION OF

4 FOREIGN MISSIONS AND OFFICIALS.—The amount appro5 priated pursuant to subsection (a)(5) is authorized to re6 main available through September 30, 2006. 

7 SEC. 112. UNITED STATES EDUCATIONAL AND CULTURAL 

8 PROGRAMS. 

9 (a) IN GENERAL.—Amounts in this section are au10 thorized to be appropriated for the Department of State 

11 to carry out educational and cultural programs of the De12 partment of State under the United States Information 

13 and Educational Exchange Act of 1948, the Mutual Edu14 cational and Cultural Exchange Act of 1961, Reorganiza15 tion Plan Number 2 of 1977, the Foreign Affairs Reform 

16 and Restructuring Act of 1998, the Center for Cultural 

17 and Technical Interchange Between East and West Act 

18 of 1960, the Dante B. Fascell North-South Center Act 

19 of 1991, and the National Endowment for Democracy Act, 

20 and to carry out other authorities in law consistent with 

21 such purposes. 

22 (b) EDUCATIONAL AND CULTURAL EXCHANGE PRO23 GRAMS.—

24 (1) AUTHORIZATION OF APPROPRIATIONS.—For 

25 ‘‘Educational and Cultural Exchange Programs’’, 
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1 $393,000,000 for the fiscal year 2004 and 

2 $405,000,000 for the fiscal year 2005. 

3 (2) PROGRAMS IN EASTERN EUROPE AND

4 FORMER SOVIET UNION.—Of the amounts author5 ized to be appropriated under paragraph (1), 

6 $150,000,000 for the fiscal year 2004 and 

7 $150,000,000 for the fiscal year 2005 is authorized 

8 to be available for programs in Eastern Europe and 

9 countries of the former Soviet Union. 

10 (3) ACADEMIC EXCHANGE PROGRAMS.—

11 (A) IN GENERAL.—Of the amounts author12 ized to be appropriated under paragraph (1), 

13 $142,000,000 for the fiscal year 2004 and 

14 $142,000,000 for the fiscal year 2005 is au15 thorized to be available for the ‘‘Academic Ex16 change Programs’’ (other than programs de17 scribed in paragraph (4)). 

18 (B) HIV/AIDS INITIATIVE.—Of the 

19 amounts authorized to be available under sub20 paragraph (A), $1,000,000 for the fiscal year 

21 2004 and $1,000,000 for the fiscal year 2005 

22 is authorized to be available for HIV/AIDS re23 search and mitigation strategies. 

24 (C) FULBRIGHT ENGLISH TEACHING AS25 SISTANT PROGRAM IN KOREA.—Of the amounts 
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1 authorized to be available by subparagraph (A), 

2 $750,000 for the fiscal year 2004 and 

3 $750,000 for the fiscal year 2005 is authorized 

4 to be available for the Fulbright English Teach5 ing Assistant Program in Korea, which sends 

6 United States citizen students to serve as 

7 English language teaching assistants at Korean 

8 colleges and high schools. 

9 (D) DANTE B. FASCELL NORTH-SOUTH

10 CENTER.—Of the amounts authorized to be 

11 available by subparagraph (A), $1,025,000 for 

12 the fiscal year 2004 and $1,025,000 for the fis13 cal year 2005 is authorized to be available for 

14 the ‘‘Dante B. Fascell North-South Center’’. 

15 (4) OTHER EDUCATIONAL AND CULTURAL EX16 CHANGE PROGRAMS.—

17 (A) IN GENERAL.—Of the amounts author18 ized to be appropriated under paragraph (1), 

19 $110,000,000 for the fiscal year 2004 and 

20 $110,000,000 for the fiscal year 2005 is au21 thorized to be available for other educational 

22 and cultural exchange programs authorized by 

23 law. 

24 (B) INITIATIVES FOR PREDOMINANTLY

25 MUSLIM COUNTRIES.—Of the amounts author-
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1 ized to be available under subparagraph (A), 

2 $35,000,000 for the fiscal year 2004 and 

3 $35,000,000 for the fiscal year 2005 is author4 ized to be available for initiatives for predomi5 nantly Muslim countries established under sec6 tion 251. 

7 (C) TIBETAN EXCHANGES.—Of the 

8 amounts authorized to be available under sub9 paragraph (A), $500,000 for the fiscal year 

10 2004 and $500,000 for the fiscal year 2005 is 

11 authorized to be available for ‘‘Ngawang 

12 Choephel Exchange Programs’’ (formerly 

13 known as ‘‘programs of educational and cul14 tural exchange between the United States and 

15 the people of Tibet’’) under section 103(a) of 

16 the Human Rights, Refugee, and Other Foreign 

17 Relations Provisions Act of 1996 (Public Law 

18 104–319). 

19 (D) EAST TIMORESE SCHOLARSHIPS.—Of 

20 the amounts authorized to be available under 

21 subparagraph (A), $500,000 for the fiscal year 

22 2004 and $500,000 for the fiscal year 2005 is 

23 authorized to be available for ‘‘East Timorese 

24 Scholarships’’. 
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1 (E) SOUTH PACIFIC EXCHANGES.—Of the 

2 amounts authorized to be available under sub3 paragraph (A), $750,000 for the fiscal year 

4 2004 and $750,000 for the fiscal year 2005 is 

5 authorized to be available for ‘‘South Pacific 

6 Exchanges’’. 

7 (F) SUDANESE SCHOLARSHIPS.—Of the 

8 amounts authorized to be available under sub9 paragraph (A), $500,000 for the fiscal year 

10 2004 and $500,000 for the fiscal year 2005 is 

11 authorized to be available for scholarships for 

12 students from southern Sudan for secondary or 

13 postsecondary education in the United States, 

14 to be known as ‘‘Sudanese Scholarships’’. 

15 (G) SUMMER INSTITUTES FOR KOREAN

16 STUDENTS.—Of the amounts authorized to be 

17 available under subparagraph (A), $750,000 for 

18 the fiscal year 2004 and $750,000 for the fiscal 

19 year 2005 is authorized to be available for sum20 mer academic study programs in the United 

21 States (focusing on United States political sys22 tems, government institutions, society, and 

23 democratic culture) for college and university 

24 students from the Republic of Korea, to be 
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1 known as the ‘‘United States Summer Insti2 tutes for Korean Student Leaders’’. 

3 (H) SCHOLARSHIPS FOR INDIGENOUS PEO4 PLES OF MEXICO AND CENTRAL AND SOUTH

5 AMERICA.—Of the amounts authorized to be 

6 available under subparagraph (A), $400,000 for 

7 the fiscal year 2004 and $400,000 for the fiscal 

8 year 2005 is authorized to be available for 

9 scholarships for secondary and postsecondary 

10 education in the United States for students 

11 from Mexico and the countries of Central and 

12 South America who are from the indigenous 

13 peoples of the region. 

14 (c) NATIONAL ENDOWMENT FOR DEMOCRACY.—

15 (1) IN GENERAL.—For the ‘‘National Endow16 ment for Democracy’’, $45,000,000 for the fiscal 

17 year 2004 and $47,000,000 for the fiscal year 2005. 

18 (2) INITIATIVES FOR PREDOMINANTLY MUSLIM

19 COUNTRIES.—Of the amounts authorized to be ap20 propriated under paragraph (1), $5,000,000 for the 

21 fiscal year 2004 and $5,000,000 for the fiscal year 

22 2005 is authorized to be available for the National 

23 Endowment for Democracy to fund programs that 

24 promote democracy, good governance, the rule of 

25 law, independent media, religious tolerance, the 
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1 rights of women, and strengthening of civil society 

2 in countries of predominantly Muslim population 

3 within the jurisdiction of the Bureau of Near East4 ern Affairs of the Department of State. 

5 (d) CENTER FOR CULTURAL AND TECHNICAL INTER6 CHANGE BETWEEN EAST AND WEST.—For the ‘‘Center 

7 for Cultural and Technical Interchange between East and 

8 West’’, $14,280,000 for the fiscal year 2004 and 

9 $14,280,000 for the fiscal year 2005. 

10 (e) REAGAN-FASCELL DEMOCRACY FELLOWS.—For 

11 the ‘‘Reagan-Fascell Democracy Fellows’’, for fellowships 

12 for democracy activists and scholars from around the 

13 world at the International Forum for Democratic Studies 

14 in Washington, D.C., to study, write, and exchange views 

15 with other activists and scholars and with Americans, 

16 $1,000,000 for the fiscal year 2004 and $1,000,000 for 

17 the fiscal year 2005. 

18 (f) BENJAMIN GILMAN INTERNATIONAL SCHOLAR19 SHIP PROGRAM.—Section 305 of the Microenterprise for 

20 Self-Reliance and International Anti-Corruption Act of 

21 2000 (22 U.S.C. 2462 note) is amended by striking 

22 ‘‘$1,500,000’’ and inserting ‘‘$2,500,000’’. 
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1 SEC. 113. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA2 TIONS. 

3 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

4 ORGANIZATIONS.—There is authorized to be appropriated 

5 under the heading ‘‘Contributions to International Organi6 zations’’ $1,010,463,000 for the fiscal year 2004 and 

7 $1,040,776,000 for the fiscal year 2005 for the Depart8 ment to carry out the authorities, functions, duties, and 

9 responsibilities in the conduct of the foreign affairs of the 

10 United States with respect to international organizations 

11 and to carry out other authorities in law consistent with 

12 such purposes. 

13 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE14 KEEPING ACTIVITIES.—There is authorized to be appro15 priated under the heading ‘‘Contributions for Inter16 national Peacekeeping Activities’’ $550,200,000 for the 

17 fiscal year 2004 and such sums as may be necessary for 

18 the fiscal year 2005 for the Department to carry out the 

19 authorities, functions, duties, and responsibilities in the 

20 conduct of the foreign affairs of the United States with 

21 respect to international peacekeeping activities and to 

22 carry out other authorities in law consistent with such 

23 purposes. 

24 (c) FOREIGN CURRENCY EXCHANGE RATES.—

25 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

26 addition to the amounts authorized to be appro-
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1 priated by subsection (a), there is authorized to be 

2 appropriated such sums as may be necessary for the 

3 fiscal years 2004 and 2005 to offset adverse fluctua4 tions in foreign currency exchange rates. 

5 (2) AVAILABILITY OF FUNDS.—Amounts appro6 priated under this subsection may be available for 

7 obligation and expenditure only to the extent that 

8 the Director of the Office of Management and Budg9 et determines and certifies to the appropriate con10 gressional committees that such amounts are nec11 essary due to such fluctuations. 

12 (d) REFUND OF EXCESS CONTRIBUTIONS.—The 

13 United States shall continue to insist that the United Na14 tions and its specialized and affiliated agencies shall credit 

15 or refund to each member of the organization or agency 

16 concerned its proportionate share of the amount by which 

17 the total contributions to the organization or agency ex18 ceed the expenditures of the regular assessed budget of 

19 the organization or agency. 

20 SEC. 114. INTERNATIONAL COMMISSIONS. 

21 The following amounts are authorized to be appro22 priated under ‘‘International Commissions’’ for the De23 partment to carry out the authorities, functions, duties, 

24 and responsibilities in the conduct of the foreign affairs 
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1 of the United States with respect to international commis2 sions, and for other purposes authorized by law: 

3 (1) INTERNATIONAL BOUNDARY AND WATER

4 COMMISSION, UNITED STATES AND MEXICO.—For 

5 ‘‘International Boundary and Water Commission, 

6 United States and Mexico’’—

7 (A) for ‘‘Salaries and Expenses’’, 

8 $31,562,000 for the fiscal year 2004 and 

9 $31,562,000 for the fiscal year 2005; and 

10 (B) for ‘‘Construction’’, $8,901,000 for the 

11 fiscal year 2004 and $8,901,000 for the fiscal 

12 year 2005. 

13 (2) INTERNATIONAL BOUNDARY COMMISSION, 

14 UNITED STATES AND CANADA.—For ‘‘International 

15 Boundary Commission, United States and Canada’’, 

16 $1,261,000 for the fiscal year 2004 and $1,261,000 

17 for the fiscal year 2005. 

18 (3) INTERNATIONAL JOINT COMMISSION.—For 

19 ‘‘International Joint Commission’’, $7,810,000 for 

20 the fiscal year 2004 and $7,810,000 for the fiscal 

21 year 2005. 

22 (4) INTERNATIONAL FISHERIES COMMIS23 SIONS.—For ‘‘International Fisheries Commissions’’, 

24 $20,043,000 for the fiscal year 2004 and 

25 $20,043,000 for the fiscal year 2005. 
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1 SEC. 115. MIGRATION AND REFUGEE ASSISTANCE. 

2 (a) IN GENERAL.—There is authorized to be appro3 priated for the Department for ‘‘Migration and Refugee 

4 Assistance’’ for authorized activities, $760,197,000 for the 

5 fiscal year 2004 and $813,197,000 for the fiscal year 

6 2005. 

7 (b) REFUGEES RESETTLING IN ISRAEL.—Of the 

8 amount authorized to be appropriated by subsection (a), 

9 $50,000,000 for the fiscal year 2004 and $50,000,000 for 

10 the fiscal year 2005 is authorized to be available for the 

11 resettlement of refugees in Israel. 

12 (c) TIBETAN REFUGEES IN INDIA AND NEPAL.—Of 

13 the amount authorized to be appropriated by subsection 

14 (a), $2,000,000 for the fiscal year 2004 and $2,000,000 

15 for the fiscal year 2005 is authorized to be available for 

16 humanitarian assistance, including food, medicine, cloth17 ing, and medical and vocational training, to Tibetan refu18 gees in India and Nepal who have fled Chinese-occupied 

19 Tibet. 

20 (d) HUMANITARIAN ASSISTANCE FOR DISPLACED

21 BURMESE.—Of the amount authorized to be appropriated 

22 by subsection (a), $2,000,000 for the fiscal year 2004 and 

23 $2,000,000 for the fiscal year 2005 is authorized to be 

24 available for humanitarian assistance (including food, 

25 medicine, clothing, and medical and vocational training) 
24

•HR 1950 IH 

1 to persons displaced as a result of civil conflict in Burma, 

2 including persons still within Burma. 

3 (e) AVAILABILITY OF FUNDS.—Funds appropriated 

4 pursuant to this section are authorized to remain available 

5 until expended. 

6 SEC. 116. VOLUNTARY CONTRIBUTIONS TO INTER7 NATIONAL ORGANIZATIONS. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated for the Department of State 

10 for ‘‘Voluntary Contributions to International Organiza11 tions’’, $317,550,000 for the fiscal year 2004 and 

12 $320,000,000 for the fiscal year 2005. 

13 (b) UNITED NATIONS VOLUNTARY FUND FOR VIC14 TIMS OF TORTURE.—Of the amounts authorized to be ap15 propriated under subsection (a), $6,000,000 for the fiscal 

16 year 2004 and $7,000,000 for the fiscal year 2005 is au17 thorized to be available for a United States voluntary con18 tribution to the United Nations Voluntary Fund for Vic19 tims of Torture. 

20 (c) ORGANIZATION OF AMERICAN STATES.—Of the 

21 amounts authorized to be appropriated under subsection 

22 (a) $2,000,000 for fiscal years 2004 and 2005 is author23 ized to be available for a United States voluntary contribu24 tion to the Organization of American States for the Inter25 American Committee Against Terrorism (CICTE) to iden-
25

•HR 1950 IH 

1 tify and develop a port in the Latin American and Carib2 bean region into a model of best security practices and 

3 appropriate technologies for improving port security in the 

4 Western Hemisphere. Amounts authorized to be available 

5 by the preceding sentence are authorized to remain avail6 able until expended and are in addition to amounts other7 wise available to carry out section 301 of the Foreign As8 sistance Act of 1961 (22 U.S.C. 2221). 

9 (d) RESTRICTIONS ON UNITED STATES CONTRIBU10 TIONS TO UNITED NATIONS DEVELOPMENT PROGRAM.—

11 (1) LIMITATION.—Of the amounts made avail12 able under subsection (a) for each of the fiscal years 

13 2004 and 2005 for United States contributions to 

14 the United Nations Development Program an 

15 amount equal to the amount the United Nations De16 velopment Program will spend in Burma during each 

17 fiscal year shall be withheld unless during such fiscal 

18 year the Secretary of State submits to the appro19 priate congressional committees the certification de20 scribed in paragraph (2). 

21 (2) CERTIFICATION.—The certification referred 

22 to in paragraph (1) is a certification by the Sec23 retary of State that all programs and activities of 

24 the United Nations Development Program (including 
26

•HR 1950 IH 

1 United Nations Development Program—Adminis2 tered Funds) in Burma—

3 (A) are focused on eliminating human suf4 fering and addressing the needs of the poor; 

5 (B) are undertaken only through inter6 national or private voluntary organizations that 

7 have been deemed independent of the State 

8 Peace and Development Council (SPDC) (for9 merly known as the State Law and Order Res10 toration Council (SLORC)), after consultation 

11 with the leadership of the National League for 

12 Democracy and the leadership of the National 

13 Coalition Government of the Union of Burma; 

14 (C) provide no financial, political, or mili15 tary benefit to the SPDC; and 

16 (D) are carried out only after consultation 

17 with the leadership of the National League for 

18 Democracy and the leadership of the National 

19 Coalition Government of the Union of Burma. 

20 SEC. 117. VOLUNTARY CONTRIBUTIONS FOR INTER21 NATIONAL PEACEKEEPING ACTIVITIES. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated for the Department of State 

24 for ‘‘Voluntary Contributions for International Peace-
27

•HR 1950 IH 

1 keeping’’, $110,000,000 for the fiscal year 2004 and 

2 $110,000,000 for the fiscal year 2005. 

3 (b) PEACEKEEPING IN AFRICA.—Of the amounts au4 thorized to be appropriated under subsection (a), 

5 $40,000,000 for the fiscal year 2004 and $40,000,000 for 

6 the fiscal year 2005 is authorized to be appropriated for 

7 peacekeeping activities in Africa. 

8 SEC. 118. GRANTS TO THE ASIA FOUNDATION. 

9 Section 404 of The Asia Foundation Act (title IV of 

10 Public Law 98–164; 22 U.S.C. 4403) is amended to read 

11 as follows: 

12 ‘‘SEC. 404. There is authorized to be appropriated 

13 to the Secretary of State $18,000,000 for the fiscal year 

14 2004 and $18,000,000 for the fiscal year 2005 for grants 

15 to The Asia Foundation pursuant to this title.’’. 

16 Subtitle B—United States Inter17 national Broadcasting Activities 

18 SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS. 

19 The following amounts are authorized to be appro20 priated to carry out United States Government broad21 casting activities under the United States Information and 

22 Educational Exchange Act of 1948, the United States 

23 International Broadcasting Act of 1994, the Radio Broad24 casting to Cuba Act, the Television Broadcasting to Cuba 

25 Act, and the Foreign Affairs Reform and Restructuring 
28

•HR 1950 IH 

1 Act of 1998, and to carry out other authorities in law con2 sistent with such purposes: 

3 (1) INTERNATIONAL BROADCASTING OPER4 ATIONS.—

5 (A) IN GENERAL.—For ‘‘International 

6 Broadcasting Operations’’, $618,854,000 for 

7 the fiscal year 2004 and $612,146,000 for the 

8 fiscal year 2005. 

9 (B) ALLOCATION OF FUNDS.—Of the 

10 amounts authorized to be appropriated by sub11 paragraph (A), there is authorized to be avail12 able for Radio Free Asia $30,000,000 for the 

13 fiscal year 2004 and $30,000,000 for the fiscal 

14 year 2005. 

15 (C) OFFICE OF GLOBAL INTERNET FREE16 DOM.—Of the amounts authorized to be appro17 priated by subparagraph (A), there is author18 ized to be available for the Broadcasting Board 

19 of Governors for the establishment and oper20 ations of the Office of Global Internet Freedom 

21 under section 524(a) $8,000,000 for the fiscal 

22 year 2004 and $8,000,000 for the fiscal year 

23 2005. 

24 (2) BROADCASTING CAPITAL IMPROVEMENTS.—

25 For ‘‘Broadcasting Capital Improvements’’, 
29

•HR 1950 IH 

1 $11,395,000 for the fiscal year 2004 and 

2 $11,395,000 for the fiscal year 2005. 

3 (3) BROADCASTING TO CUBA.—For ‘‘Broad4 casting to Cuba’’, $26,901,000 for the fiscal year 

5 2004 and $27,439,000 for the fiscal year 2005. 

6 TITLE II—DEPARTMENT OF 

7 STATE AUTHORITIES AND AC8 TIVITIES 

9 Subtitle A—United States Public 

10 Diplomacy 

11 SEC. 201. FINDINGS AND PURPOSES. 

12 (a) FINDINGS.—The Congress makes the following 

13 findings: 

14 (1) The United States possesses strong and 

15 deep connections with the peoples of the world sepa16 rate from its relations with their governments. These 

17 connections can be a major asset in the promotion 

18 of United States interests and foreign policy. 

19 (2) Misinformation and hostile propaganda in 

20 these countries regarding the United States and its 

21 foreign policy endanger the interests of the United 

22 States. Existing efforts to counter such misinforma23 tion and propaganda are inadequate and must be 

24 greatly enhanced in both scope and substance. 
30

•HR 1950 IH 

1 (3) United States foreign policy has been ham2 pered by an insufficient consideration of the impor3 tance of public diplomacy in the formulation and im4 plementation of that policy and by the underuse of 

5 modern communication techniques. 

6 (4) The United States should have an oper7 ational strategy and a coordinated effort regarding 

8 the utilization of its public diplomacy resources. 

9 (5) The development of an operational strategy 

10 and a coordinated effort by United States agencies 

11 regarding public diplomacy would greatly enhance 

12 United States foreign policy. 

13 (6) The Secretary of State has undertaken ef14 forts to ensure that of the new positions established 

15 at the Department of State after September 30, 

16 2002, a significant proportion are for public diplo17 macy. 

18 (b) PURPOSES.—It is the purpose of this subtitle to 

19 enhance in scope and substance, redirect, redefine, and re20 organize United States public diplomacy. 

21 SEC. 202. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE 

22 DEPARTMENT OF STATE. 

23 (a) IN GENERAL.—The State Department Basic Au24 thorities Act of 1956 (22 U.S.C. 265 et seq.) is amended 

25 by inserting after section 58 the following new section: 
31

•HR 1950 IH 

1 ‘‘SEC. 59. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE 

2 DEPARTMENT OF STATE. 

3 ‘‘(a) IN GENERAL.—The Secretary of State shall 

4 make public diplomacy an integral component in the plan5 ning and execution of United States foreign policy. The 

6 Department of State, in coordination with the United 

7 States International Broadcasting Agency, shall develop a 

8 comprehensive strategy for the use of public diplomacy re9 sources and assume a prominent role in coordinating the 

10 efforts of all Federal agencies involved in public diplo11 macy. Public diplomacy efforts shall be addressed to devel12 oped and developing countries, to select and general audi13 ences, and shall utilize all available media to ensure that 

14 the foreign policy of the United States is properly ex15 plained and understood not only by the governments of 

16 countries but also by their peoples, with the objective of 

17 enhancing support for United States foreign policy. The 

18 Secretary shall ensure that the public diplomacy strategy 

19 of the United States is cohesive and coherent and shall 

20 aggressively and through the most effective mechanisms 

21 counter misinformation and propaganda concerning the 

22 United States. The Secretary shall endeavor to articulate 

23 the importance in American foreign policy of the guiding 

24 principles and doctrines of the United States, particularly 

25 freedom and democracy. The Secretary, in coordination 

26 with the Board of Governors of the United States Inter-
32

•HR 1950 IH 

1 national Broadcasting Agency, shall develop and articulate 

2 long-term measurable objectives for United States public 

3 diplomacy. The Secretary is authorized to produce and 

4 distribute public diplomacy programming for distribution 

5 abroad in order to achieve public diplomacy objectives, in6 cluding through satellite communication, the Internet, and 

7 other established and emerging communications tech8 nologies. 

9 ‘‘(b) INFORMATION CONCERNING UNITED STATES

10 ASSISTANCE.—

11 ‘‘(1) IDENTIFICATION OF ASSISTANCE.—In co12 operation with the United States Agency for Inter13 national Development (USAID) and other public 

14 and private assistance organizations and agencies, 

15 the Secretary shall ensure that information con16 cerning foreign assistance provided by the United 

17 States Government, United States nongovernmental 

18 organizations and private entities, and the American 

19 people is disseminated widely and prominently, par20 ticularly, to the extent practicable, within countries 

21 and regions that receive such assistance. The Sec22 retary shall ensure that, to the extent practicable, 

23 projects funded by the United States Agency for 

24 International Development (USAID) that do not in25 volve commodities, including projects implemented 
33

•HR 1950 IH 

1 by private voluntary organizations, are identified as 

2 being supported by the United States of America, as 

3 American Aid or provided by the American people. 

4 ‘‘(2) REPORT TO CONGRESS.—Not later than 

5 120 days after the end of each fiscal year, the Sec6 retary shall submit a report to the Committee on 

7 International Relations of the House of Representa8 tives and the Committee on Foreign Relations of the 

9 Senate on efforts to disseminate information con10 cerning assistance described in paragraph (1) during 

11 the preceding fiscal year. Each such report shall in12 clude specific information concerning all instances in 

13 which the United States Agency for International 

14 Development has not identified projects in the man15 ner prescribed in paragraph (1) because such identi16 fication was not practicable. Any such report shall 

17 be submitted in unclassified form, but may include 

18 a classified appendix. 

19 ‘‘(c) AUTHORITY.— Subject to the availability of ap20 propriations, the Secretary may contract with and com21 pensate government and private agencies or persons for 

22 property and services to carry out this section.’’. 

23 (b) ESTABLISHMENT OF PUBLIC DIPLOMACY RE24 SERVE CORPS.—
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•HR 1950 IH 

1 (1) The Secretary of State shall establish a 

2 public diplomacy reserve corps to augment the public 

3 diplomacy capacity and capabilities of the Depart4 ment in emergency and critical circumstances world5 wide. The Secretary shall develop a contingency plan 

6 for the use of the corps to bolster public diplomacy 

7 resources and expertise. To the extent necessary and 

8 appropriate, the Secretary may recruit experts in 

9 public diplomacy and related fields from the private 

10 sector. 

11 (2) While actively serving with the reserve 

12 corps, individuals are prohibited from engaging in 

13 activities directly or indirectly intended to influence 

14 public opinion within the United States to the same 

15 degree that employees of the Department engaged in 

16 public diplomacy are so prohibited. 

17 (c) FUNCTIONS OF THE UNDER SECRETARY FOR

18 PUBLIC DIPLOMACY.—

19 (1) Section 1(b)(3) of the State Department 

20 Basic Authorities Act of 1956 (22 U.S.C. 

21 2651a(b)(3)) is amended by striking ‘‘formation’’ 

22 and all that follows through the period at the end 

23 and inserting ‘‘formation, supervision, and imple24 mentation of United States public diplomacy poli25 cies, programs, and activities, including the provision 
35

•HR 1950 IH 

1 of guidance to Department personnel in the United 

2 States and overseas who conduct or implement such 

3 policies, programs, and activities. The Under Sec4 retary for Public Diplomacy shall assist the United 

5 States Agency for International Broadcasting in pre6 senting the policies of the United States clearly and 

7 effectively, shall submit statements of United States 

8 policy and editorial material to the Agency for 

9 broadcast consideration in addition to material pre10 pared by the Agency, and shall ensure that editorial 

11 material created by the Agency for broadcast is re12 viewed expeditiously by the Department.’’. 

13 (2) The Under Secretary for Public Diplomacy, 

14 in carrying out the functions under the last sentence 

15 of section 1(b)(3) of the State Department Basic 

16 Authorities Act of 1956 (as added by paragraph (1), 

17 shall consult with public diplomacy officers operating 

18 at United States overseas posts and in the regional 

19 bureaus of the Department of State. 

20 SEC. 203. ANNUAL PLAN ON PUBLIC DIPLOMACY STRAT21 EGY. 

22 The Secretary of State, in coordination with all ap23 propriate Federal agencies, shall prepare an annual review 

24 and analysis of the impact of public diplomacy efforts on 

25 target audiences. Each review shall assess the United 
36

•HR 1950 IH 

1 States public diplomacy strategy worldwide and by region, 

2 including the allocation of resources and an evaluation and 

3 assessment of the progress in, and barriers to, achieving 

4 the goals set forth under previous plans submitted under 

5 this section. On the basis of such review, the Secretary 

6 of State, in coordination with all appropriate Federal 

7 agencies shall develop and submit, as part of the annual 

8 budget submission, a public diplomacy strategy which 

9 specifies goals, agency responsibilities, and necessary re10 sources and mechanisms for achieving such goals during 

11 the next fiscal year. The plan may be submitted in classi12 fied form. 

13 SEC. 204. PUBLIC DIPLOMACY TRAINING. 

14 (a) FINDINGS.—The Congress makes the following 

15 findings: 

16 (1) The Foreign Service should recruit individ17 uals with expertise and professional experience in 

18 public diplomacy. 

19 (2) Ambassadors should have a prominent role 

20 in the formulation of public diplomacy strategies for 

21 the countries and regions to which they are assigned 

22 and be accountable for the operation and success of 

23 public diplomacy efforts at their posts. 

24 (3) Initial and subsequent training of Foreign 

25 Service officers should be enhanced to include infor-
37

•HR 1950 IH 

1 mation and training on public diplomacy and the 

2 tools and technology of mass communication. 

3 (b) PERSONNEL.—

4 (1) In the recruitment, training, and assign5 ment of members of the Foreign Service, the Sec6 retary shall emphasize the importance of public di7 plomacy and of applicable skills and techniques. The 

8 Secretary shall consider the priority recruitment into 

9 the Foreign Service, at middle-level entry, of individ10 uals with expertise and professional experience in 

11 public diplomacy, mass communications, or jour12 nalism, especially individuals with language facility 

13 and experience in particular countries and regions. 

14 (2) The Secretary of State shall seek to in15 crease the number of Foreign Service officers pro16 ficient in languages spoken in predominantly Muslim 

17 countries. Such increase shall be accomplished 

18 through the recruitment of new officers and incen19 tives for officers in service. 

20 SEC. 205. UNITED STATES ADVISORY COMMISSION ON PUB21 LIC DIPLOMACY. 

22 (a) STUDY AND REPORT BY UNITED STATES ADVI23 SORY COMMISSION ON PUBLIC DIPLOMACY.—Section 

24 604(c)(2) of the United States Information and Edu-
38

•HR 1950 IH 

1 cational Exchange Act of 1948 (22 U.S.C. 1469(c)(2)) is 

2 amended to read as follows: 

3 ‘‘(2)(A) Not less often than every two years, the Com4 mission shall undertake an in-depth review of United 

5 States public diplomacy programs, policies, and activities. 

6 Each study shall assess the effectiveness of the various 

7 mechanisms of United States public diplomacy, in light 

8 of factors including public and media attitudes around the 

9 world toward the United States, Americans, United States 

10 foreign policy, and the role of the American private-sector 

11 community abroad, and make appropriate recommenda12 tions. 

13 ‘‘(B) A comprehensive report of each study under 

14 subparagraph (A) shall be submitted to the Secretary of 

15 State and the appropriate congressional committees. At 

16 the discretion of the Commission, any report under this 

17 subsection may be submitted in classified or unclassified 

18 form, as appropriate.’’. 

19 (b) INFORMATION AND SUPPORT FROM OTHER

20 AGENCIES.—Upon request of the United States Advisory 

21 Commission on Public Diplomacy, the Secretary of State, 

22 the Director of the United States International Broad23 casting Agency, and the head of any other Federal agency 

24 that conducts public diplomacy programs and activities 

25 shall provide information to the Advisory Commission to 
39

•HR 1950 IH 

1 assist in carrying out the responsibilities under section 

2 604(c)(2) of the United States Information and Edu3 cational Exchange Act of 1948 (as amended by subsection 

4 (a)). 

5 (c) ENHANCING THE EXPERTISE OF UNITED STATES

6 ADVISORY COMMISSION ON PUBLIC DIPLOMACY.—

7 (1) QUALIFICATIONS OF MEMBERS.—Section 

8 604(a)(2) of the United States Information and 

9 Educational Exchange Act of 1948 (22 U.S.C. 

10 1469(a)(2)) is amended by adding at the end the 

11 following: ‘‘At least 4 members shall have substan12 tial experience in the conduct of public diplomacy or 

13 comparable activities in the private sector. At least 

14 1 member shall be an American residing abroad. No 

15 member may be an officer or employee of the United 

16 States.’’. 

17 (2) APPLICATION OF AMENDMENT.—The 

18 amendments made by paragraph (1) shall not apply 

19 to individuals who are members of the United States 

20 Advisory Commission on Public Diplomacy on the 

21 date of the enactment of this Act. 

22 SEC. 206. LIBRARY PROGRAM. 

23 The Secretary of State shall develop and implement 

24 a demonstration program to assist foreign governments to 

25 establish or upgrade their public library systems to im-
40

•HR 1950 IH 

1 prove literacy and support public education. The program 

2 should provide training in the library sciences. The pur3 pose of the program shall be to advance American values 

4 and society, particularly the importance of freedom and 

5 democracy.

6 SEC. 207. SENSE OF CONGRESS CONCERNING PUBLIC DI7 PLOMACY EFFORTS IN SUB-SAHARAN AFRI8 CA. 

9 (a) FINDINGS.—The Congress makes the following 

10 findings: 

11 (1) A significant number of sub-Saharan Afri12 can countries have predominantly Muslim popu13 lations, including such key countries as Nigeria, 

14 Senegal, Djibouti, Mauritania, and Guinea. 

15 (2) In several of these countries, groups with 

16 links to militant religious organizations are active 

17 among the youth, primarily young men, promoting a 

18 philosophy and practice of intolerance and radical 

19 clerics are effectively mobilizing public sentiment 

20 against the United States. 

21 (b) SENSE OF CONGRESS.—It is the sense of the 

22 Congress that the Secretary should include countries in 

23 sub-Saharan Africa with predominantly Muslim popu24 lations in the public diplomacy activities authorized by this 

25 Act and the amendments made by this Act. 
41

•HR 1950 IH 

1 Subtitle B—Basic Authorities and 

2 Activities 

3 SEC. 221. UNITED STATES POLICY WITH RESPECT TO JERU4 SALEM AS THE CAPITAL OF ISRAEL. 

5 (a) LIMITATION ON USE OF FUNDS FOR CONSULATE

6 IN JERUSALEM.—None of the funds authorized to be ap7 propriated by this Act may be expended for the operation 

8 of a United States consulate or diplomatic facility in Jeru9 salem unless such consulate or diplomatic facility is under 

10 the supervision of the United States Ambassador to Israel. 

11 (b) LIMITATION ON USE OF FUNDS FOR PUBLICA12 TIONS.—None of the funds authorized to be appropriated 

13 by this Act may be available for the publication of any 

14 official government document which lists countries and 

15 their capital cities unless the publication identifies Jeru16 salem as the capital of Israel. 

17 (c) RECORD OF PLACE OF BIRTH AS ISRAEL FOR

18 PASSPORT PURPOSES.—The first section of ‘‘An Act to 

19 regulate the issue and validity of passports, and for other 

20 purposes’’, approved July 3, 1926 (22 U.S.C. 211a; 44 

21 Stat. 887) is amended by inserting after the first sentence 

22 the following: ‘‘For purposes of the issuance of a passport 

23 of a United States citizen born in the city of Jerusalem, 

24 the Secretary shall, upon the request of the citizen or the 
42

•HR 1950 IH 

1 citizen’s legal guardian, record the place of birth as 

2 Israel.’’. 

3 SEC. 222. CONTINUATION OF REPORTING REQUIREMENTS. 

4 Section 805(a) of the Admiral James W. Nance and 

5 Meg Donovan Foreign Relations Authorization Act, Fiscal 

6 Years 2000 and 2001 (section 805(a) of division A of H.R. 

7 3427, as enacted into law by section 1000(a)(7) of Public 

8 Law 106–113; appendix G; 113 Stat. 1501A–470) (relat9 ing to reports on terrorist activity in which United States 

10 citizens were killed and related matters) is amended by 

11 striking ‘‘Not later’’ and all that follows through ‘‘2001,’’ 

12 and inserting ‘‘Not later than May 1, 2003, May 1, 2004, 

13 and May 1, 2005,’’. 

14 SEC. 223. REPORT CONCERNING EFFORTS TO PROMOTE 

15 ISRAEL’S DIPLOMATIC RELATIONS WITH 

16 OTHER COUNTRIES. 

17 (a) FINDINGS.—The Congress makes the following 

18 findings: 

19 (1) Israel is a friend and ally of the United 

20 States whose security is vital to regional stability 

21 and United States interests. 

22 (2) Israel currently maintains diplomatic rela23 tions with approximately 160 countries. Approxi24 mately 30 countries do not have any diplomatic rela25 tions with Israel. 
43

•HR 1950 IH 

1 (3) The State of Israel has been actively seek2 ing to establish formal relations with a number of 

3 countries. 

4 (4) The United States should assist its ally, 

5 Israel, in its efforts to establish diplomatic relations. 

6 (5) After more than 50 years of existence, 

7 Israel deserves to be treated as an equal nation by 

8 its neighbors and the world community. 

9 (b) REPORT CONCERNING UNITED STATES EFFORTS

10 TO PROMOTE ISRAEL’S DIPLOMATIC RELATIONS WITH

11 OTHER COUNTRIES.—Not later than 60 days after the 

12 date of the enactment of this Act, the Secretary shall sub13 mit a report to the appropriate congressional committees 

14 that includes the following information (in classified or un15 classified form, as appropriate): 

16 (1) Actions taken by the United States to en17 courage other countries to establish full diplomatic 

18 relations with Israel. 

19 (2) Specific responses solicited and received by 

20 the Secretary from countries that do not maintain 

21 full diplomatic relations with Israel with respect to 

22 the status of negotiations to enter into diplomatic 

23 relations with Israel. 

24 (3) Other measures being undertaken, and 

25 measures that will be undertaken, by the United 
44

•HR 1950 IH 

1 States to ensure and promote Israel’s full participa2 tion in the world diplomatic community. 

3 SEC. 224. REIMBURSEMENT RATE FOR AIRLIFT SERVICES 

4 PROVIDED TO THE DEPARTMENT OF STATE. 

5 Section 2642 of title 10, United States Code, is 

6 amended—

7 (1) in the heading by inserting ‘‘and Depart8 ment of State’’ after ‘‘Central Intelligence Agency’’; 

9 and 

10 (2) in subsection (a) by striking ‘‘Agency,’’ and 

11 inserting ‘‘Agency or the Department of State,’’. 

12 SEC. 225. SENSE OF CONGRESS REGARDING ADDITIONAL 

13 UNITED STATES CONSULAR POSTS. 

14 It is the sense of the Congress that to help advance 

15 United States economic, political, and public diplomacy in16 terests, the Secretary of State should make best efforts 

17 to establish consulates or other appropriate diplomatic 

18 presence in: Pusan, South Korea; Medan, Indonesia; and 

19 Hat Yai, Thailand. 

20 SEC. 226. VALIDITY OF UNITED STATES PASSPORTS FOR 

21 TRAVEL TO COUNTRIES RECEIVING UNITED 

22 STATES FOREIGN ASSISTANCE. 

23 The first section of the Act entitled ‘‘An Act to regu24 late the issue and validity of passports, and for other pur25 poses’’, approved July 3, 1926 (22 U.S.C. 211a) is amend-
45

•HR 1950 IH 

1 ed by striking ‘‘travellers.’’ and inserting ‘‘travellers, and 

2 no such restriction may apply to a country in which the 

3 United States is providing assistance authorized by the 

4 Foreign Assistance Act of 1961.’’.

5 SEC. 227. SECURITY CAPITAL COST SHARING. 

6 (a) AUTHORIZATION.—The first section of the For7 eign Service Buildings Act, 1926 (22 U.S.C. 292) is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(c) SECURITY CAPITAL COST-SHARING PRO11 GRAM.—(1) The Secretary of State, as the single manager 

12 of all buildings and grounds acquired under this Act or 

13 otherwise acquired or authorized for the use of the diplo14 matic and consular establishments in foreign countries, is 

15 authorized to establish and implement a Security Capital 

16 Cost-Sharing Program to collect funds from each agency 

17 on the basis of its total overseas presence in a manner 

18 that encourages rightsizing of its overseas presence, and 

19 expend those funds to accelerate the provision of safe, se20 cure, functional buildings for United States Government 

21 personnel overseas. 

22 ‘‘(2) The Secretary is authorized to determine annu23 ally and charge each Federal agency the amount to be col24 lected under paragraph (1) from the agency. To determine 

25 such amount, the Secretary may prescribe and use a for-
46

•HR 1950 IH 

1 mula that takes into account the number of authorized 

2 positions of each agency, including contractors and locally 

3 hired personnel, who are assigned to United States diplo4 matic facilities and are under the authority of a chief of 

5 mission pursuant to section 207 of the Foreign Service 

6 Act of 1980 (22 U.S.C. 3927). 

7 ‘‘(3) The head of an agency charged a fee under this 

8 section shall remit the amount of the fee to the Secretary 

9 of State through the Intra-Governmental Payment and 

10 Collection System or other appropriate means. 

11 ‘‘(4) There shall be established on the books of the 

12 Treasury an account to be known as the ‘Security Capital 

13 Cost-Sharing Program Fund’, which shall be administered 

14 by the Secretary. There shall be deposited into the account 

15 all amounts collected by the Secretary pursuant to the au16 thority under paragraph (1), and such funds shall remain 

17 available until expended. Such funds shall be used solely 

18 for the provision of new safe, secure, functional diplomatic 

19 facilities that comply with all applicable legal standards, 

20 including those standards established under the authority 

21 of the Secure Embassy Construction and 

22 Counterterrorism Act of 1999. The Secretary shall include 

23 in the Department of State’s Congressional Presentation 

24 Document an accounting of the sources and uses of the 

25 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 Govern9 ment’—

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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•HR 1950 IH 

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 Subtitle C—Educational and 

21 Cultural Authorities 

22 SEC. 251. ESTABLISHMENT OF INITIATIVES FOR PREDOMI23 NANTLY MUSLIM COUNTRIES. 

24 (a) FINDINGS.—The Congress makes the following 

25 findings: 
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1 (1) Surveys indicate that, in countries of pre2 dominantly Muslim population, opinions of the 

3 United States and American foreign policy among 

4 the general public and select audiences are signifi5 cantly distorted by highly negative and hostile beliefs 

6 and images and that many of these beliefs and im7 ages are the result of misinformation and propa8 ganda by individuals and organizations hostile to the 

9 United States. 

10 (2) These negative opinions and images are 

11 highly prejudicial to the interests of the United 

12 States and to its foreign policy. 

13 (3) As part of a broad and long-term effort to 

14 enhance a positive image of the United States in the 

15 Muslim world, a key element should be the establish16 ment of programs to promote a greater familiarity 

17 with American society and values among the general 

18 public and select audiences in countries of predomi19 nantly Muslim population. 

20 (b) ESTABLISHMENT OF INITIATIVES.—The Sec21 retary of State shall establish the following programs with 

22 countries with predominantly Muslim populations as part 

23 of the educational and cultural exchange programs of the 

24 Department of State for the fiscal years 2004 and 2005: 
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•HR 1950 IH 

1 (1) JOURNALISM PROGRAM.—A program for 

2 foreign journalists, editors, media managers, and 

3 postsecondary students of journalism which, in co4 operation with private sector sponsors to include 

5 universities, shall sponsor workshops and profes6 sional training in techniques, standards, and prac7 tices in the field of journalism to assist the partici8 pants to achieve the highest standards of profes9 sionalism. 

10 (2) ENGLISH LANGUAGE TEACHING.—The Sec11 retary shall provide grants to United States citizens 

12 to work in middle and secondary schools as English 

13 language teaching assistants for not less than an 

14 academic year. If feasible, the host government or 

15 local educational agency shall share the salary costs 

16 of the assistants. 

17 (3) SISTER CITY PARTNERSHIPS.—The Sec18 retary shall expand and enhance sister-city partner19 ships between United States and international mu20 nicipalities in an effort to increase global cooperation 

21 at the community level. Such partnerships shall en22 courage economic development, municipal coopera23 tion, health care initiatives, youth and educational 

24 programs, disability advocacy, emergency prepared25 ness, and humanitarian assistance. 
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1 (4) CIVICS EDUCATION.—The Secretary shall 

2 establish a civics education program which shall de3 velop civics education teaching curricula and mate4 rials, provide training for teachers of civics, and pro5 vide English language teaching materials that are 

6 designed to promote civics education. Civics edu7 cation programs under this paragraph shall place 

8 particular emphasis on the on-site training of edu9 cators and the function of the mass media within 

10 that society. 

11 (5) YOUTH AMBASSADORS.—The Secretary 

12 shall establish a program for visits by middle school 

13 students (to the extent feasible) and secondary 

14 school students to the United States during school 

15 holidays in their home country for periods not to ex16 ceed 4 weeks and a program for academic year study 

17 in the United States for secondary school students. 

18 Participating students shall reflect the economic, ge19 ographic, and ethnic diversity of their countries. Ac20 tivities shall include cultural and educational activi21 ties designed to familiarize participating students 

22 with American society and values. To the extent 

23 practicable, the program involving school holiday vis24 its shall be coordinated with middle and secondary 

25 schools in the United States to provide for school-
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1 based activities and interactions. The Secretary shall 

2 encourage the establishment of direct school-to3 school linkages under the programs. 

4 (6) FULBRIGHT EXCHANGE PROGRAM.—The 

5 Secretary shall seek to substantially increase the 

6 number of awards under the J. William Fulbright 

7 Educational Exchange Program to graduate stu8 dents, scholars, professionals, teachers, and adminis9 trators from the United States who are applying for 

10 such awards to study, teach, conduct research, or 

11 pursue scholarship in predominantly Muslim coun12 tries. Part of such increase shall include awards for 

13 scholars and teachers who plan to teach subjects re14 lating to American studies. 

15 (7) HUBERT H. HUMPHREY FELLOWSHIPS.—

16 The Secretary shall seek to substantially increase 

17 the number of Hubert H. Humphrey Fellowships 

18 awarded to candidates from predominantly Muslim 

19 countries. 

20 (8) LIBRARY TRAINING EXCHANGE PROGRAM.—

21 The Secretary shall develop an exchange program 

22 for postgradute students seeking additional training 

23 in the library sciences and related fields. 

24 (c) GENERAL PROVISION.—Programs established 

25 under this section shall be carried out under the provisions 
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•HR 1950 IH 

1 of the United States Information and Educational Ex2 change Act of 1948 and the Mutual Educational and Cul3 tural Exchange Act of 1961. 

4 SEC. 252. DATABASE OF AMERICAN AND FOREIGN PARTICI5 PANTS IN EXCHANGE PROGRAMS. 

6 To the extent practicable, the Secretary of State, in 

7 coordination with the heads of other agencies that conduct 

8 international exchange and training programs, shall estab9 lish and maintain a database listing all American and for10 eign alumni of such programs in order to encourage net11 working, interaction, and communication with alumni. 

12 SEC. 253. REPORT ON INCLUSION OF FREEDOM AND DE13 MOCRACY ADVOCATES IN EDUCATIONAL AND 

14 CULTURAL EXCHANGE PROGRAMS. 

15 Not later than 90 days after the date of the enact16 ment of this Act, the Secretary of State shall submit to 

17 the Congress a report concerning the implementation of 

18 section 102 of the Human Rights, Refugee, and Other 

19 Foreign Relations Provisions Act of 1996. The report shall 

20 include information concerning the number of grants to 

21 conduct exchange programs to countries described in such 

22 section that have been submitted for competitive bidding, 

23 what measures have been taken to ensure that willingness 

24 to include supporters of freedom and democracy in such 

25 programs is given appropriate weight in the selection of 
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•HR 1950 IH 

1 grantees, and an evaluation of whether United States ex2 change programs in the countries described in such section 

3 are fully open to supporters of freedom and democracy, 

4 and, if not, what obstacles remain and what measures are 

5 being taken to implement such policy. 

6 SEC. 254. SENSE OF THE CONGRESS CONCERNING EDU7 CATIONAL AND CULTURAL EXCHANGE PRO8 GRAM FOR FOREIGN JOURNALISTS. 

9 It is the sense of the Congress that the Secretary of 

10 State should work toward the establishment of a program 

11 for foreign journalists from regions of conflict that will 

12 provide professional training in techniques, standards, and 

13 practices in the field of journalism. 

14 SEC. 255. SENSE OF CONGRESS REGARDING KOREAN FUL15 BRIGHT PROGRAMS. 

16 It is the sense of the Congress that Fulbright pro17 gram activities for Korea should—

18 (1) include participation by students from 

19 throughout South Korea, including proportional rep20 resentation from areas outside of Seoul; 

21 (2) attempt to include Korean students from a 

22 broad range of educational institutions, including 

23 schools other than elite universities; 

24 (3) broaden the Korean student emphasis be25 yond degree-seeking graduate students, to include 
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•HR 1950 IH 

1 opportunities for one-year nondegree study at 

2 United States campuses by pre-doctoral Korean stu3 dents; and 

4 (4) include a significant number of Korean stu5 dents planning to move into areas other than ad6 vanced research and university teaching, such as 

7 those heading towards careers in government service, 

8 media, law, and business. 

9 Subtitle D—Consular Authorities 

10 SEC. 271. MACHINE READABLE VISAS. 

11 Section 140(a) of the Foreign Relations Authoriza12 tion Act, Fiscal Years 1994 and 1995 (8 U.S.C. 1351 

13 note) is amended by adding at the end the following: 

14 ‘‘(4) For each of the fiscal years 2004 and 

15 2005, any amount that exceeds $700,000,000 may 

16 be made available only if a notification is submitted 

17 to Congress in accordance with the procedures appli18 cable to reprogramming notifications under section 

19 34 of the State Department Basic Authorities Act of 

20 1956.’’.

21 SEC. 272. PROCESSING OF VISA APPLICATIONS. 

22 (a) IN GENERAL.—It shall be the policy of the De23 partment of State to process each visa application from 

24 an alien classified as an immediate relative or as a K-1 

25 nonimmigrant within 30 days of the receipt of all nec-
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1 essary documents from the applicant and the Department 

2 of Homeland Security. In the case of an immigrant visa 

3 application where the petitioner is a relative other than 

4 an immediate relative, it should be the policy of the De5 partment to process such an application within 60 days 

6 of the receipt of all necessary documents from the appli7 cant and the Department of Homeland Security. 

8 (b) DEFINITIONS.—In this section: 

9 (1) IMMEDIATE RELATIVE.—The term ‘‘imme10 diate relative’’ has the meaning given the term in 

11 section 201(b)(2)(A)(i) of the Immigration and Na12 tionality Act (8 U.S.C. 1151(b)(2)(A)(i)). 

13 (2) K–1 NONIMMIGRANT.—The term ‘‘K–1 non14 immigrant’’ means a nonimmigrant alien described 

15 in section 101(a)(15)(K)(i) of the Immigration and 

16 Nationality Act (8 U.S.C. 1101(a)(15)(K)(i)). 

17 SEC. 273. STAFFING AT DIPLOMATIC MISSIONS. 

18 At least once every five years and pursuant to a proc19 ess determined by the President for staffing at diplomatic 

20 missions and overseas constituent posts, the Secretary of 

21 State shall require each chief of mission to review every 

22 staff element under chief of mission authority, including 

23 staff from other executive agencies, and recommend ap24 proval or disapproval of each staff element. The Secretary 

25 of State shall submit an annual report concerning such 
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1 reviews together with the Secretary’s recommendations to 

2 the heads of all affected agencies and the Inspector Gen3 eral of the Department of State. 

4 TITLE III—ORGANIZATION AND 

5 PERSONNEL OF THE DEPART6 MENT OF STATE 

7 SEC. 301. FELLOWSHIP OF HOPE PROGRAM. 

8 The Secretary of State is authorized to establish in 

9 the Department of State an exchange program to be des10 ignated the ‘‘Fellowship of Hope Program’’. The program 

11 shall provide for the exchange and assignment of govern12 ment employees of designated countries to fellowship posi13 tions at the Department of State and reciprocal assign14 ment of civil service and foreign service employees of the 

15 Department as fellows within the governments of foreign 

16 countries. 

17 SEC. 302. CLAIMS FOR LOST PAY. 

18 Section 2 of the State Department Basic Authorities 

19 Act (22 U.S.C. 2669) is amended—

20 (1) at the end of subsection (o) by striking the 

21 period and inserting ‘‘; and’’; and 

22 (2) by inserting after subsection (o) the fol23 lowing new subsection: 

24 ‘‘(p) make administrative corrections or adjustments 

25 to an employee’s pay, allowances, or differentials, resulting 
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1 from mistakes or retroactive personnel actions, and to pro2 vide back pay and other categories of payments under the 

3 Back Pay Act as part of the settlement of administrative 

4 claims or grievances filed against the Department.’’. 

5 SEC. 303. OMBUDSMAN FOR THE DEPARTMENT OF STATE. 

6 (a) ESTABLISHMENT.—There is established in the 

7 Office of the Secretary of State the position of Ombuds8 man. The position of Ombudsman shall be a career posi9 tion within the Senior Executive Service. The Ombudsman 

10 shall report directly to the Secretary of State. 

11 (b) DUTIES.—At the discretion of the Secretary of 

12 State, the Ombudsman shall participate in meetings re13 garding the management of the Department in order to 

14 assure that all employees may contribute to the achieve15 ment of the Department’s responsibilities and to promote 

16 the career interests of all employees. 

17 (c) CONFORMING AMENDMENT.—Section 172 of the 

18 Foreign Relations Authorization Act, Fiscal Years 1988 

19 and 1989 (22 U.S.C. 2664a) is amended—

20 (1) by striking subsection (c); and 

21 (2) by redesignating subsection (d) as sub22 section (c). 
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1 SEC. 304. REPEAL OF RECERTIFICATION REQUIREMENT 

2 FOR SENIOR FOREIGN SERVICE. 

3 Section 305 of the Foreign Service Act of 1980 (22 

4 U.S.C. 3945) is amended by striking subsection (d). 

5 SEC. 305. REPORT CONCERNING STATUS OF EMPLOYEES 

6 OF STATE DEPARTMENT. 

7 Not later than one year after the date of the enact8 ment of this Act, the Secretary of State shall prepare and 

9 submit to the appropriate congressional committees a re10 port that analyzes and evaluates the merits of the conver11 sion of employees of the Department of State to excepted 

12 service under chapter 21 of title 5, United States Code. 

13 SEC. 306. HOME LEAVE. 

14 (a) REST AND RECUPERATION TRAVEL.—Section 

15 901(6) of the Foreign Service Act of 1980 (22 U.S.C. 

16 4081(6)) is amended by striking ‘‘unbroken by home 

17 leave’’ both places it appears. 

18 (b) REQUIRED LEAVE IN THE UNITED STATES.—

19 Section 903(a) of the Foreign Service Act of 1980 (22 

20 U.S.C. 4083(a)) is amended by striking ‘‘18 months’’ and 

21 inserting ‘‘12 months’’. 
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1 SEC. 307. INCREASED LIMITS APPLICABLE TO POST DIF2 FERENTIALS AND DANGER PAY ALLOW3 ANCES. 

4 (a) POST DIFFERENTIALS.—Section 5925(a) of title 

5 5, United States Code, is amended by striking ‘‘25 per6 cent’’ in the third sentence and inserting ‘‘35 percent’’. 

7 (b) DANGER PAY ALLOWANCES.—Section 5928 of 

8 title 5, United States Code, is amended by striking ‘‘25 

9 percent’’ both places it appears and inserting ‘‘35 per10 cent’’. 

11 (c) CRITERIA.—The Secretary shall inform the ap12 propriate congressional committees of the criteria to be 

13 used in determinations of appropriate adjustments in post 

14 differentials under section 5925 of title 5, United States 

15 Code, and danger pay allowances under section 5928 of 

16 title 5, United States Code. 

17 (d) STUDY AND REPORT.—Two years after the date 

18 of the enactment of this Act, the Secretary of State shall 

19 conduct a study assessing the effect of the increases in 

20 post differentials and danger pay allowances made by the 

21 amendments in subsections (a) and (b) in filling ‘‘hard22 to-fill’’ positions. The Secretary shall submit a report of 

23 such study to the appropriate congressional committees. 
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1 SEC. 308. REGULATIONS REGARDING RETIREMENT CREDIT 

2 FOR GOVERNMENT SERVICE PERFORMED 

3 ABROAD. 

4 Section 321(f) of the Foreign Relations Authorization 

5 Act, Fiscal Year 2003 (5 U.S.C. 8411 note; Public Law 

6 107–228) is amended by striking ‘‘regulations’’ and in7 serting ‘‘regulations, not later than 60 days after the date 

8 of the enactment of the Foreign Relations Authorization 

9 Act, Fiscal Years 2004 and 2005,’’. 

10 SEC. 309. MINORITY RECRUITMENT. 

11 (a) REPORTING REQUIREMENT.—Section 324 of the 

12 Foreign Relations Authorization Act, Fiscal Year 2003 

13 (Public Law 107–228) is amended by striking ‘‘and April 

14 1, 2004’’ and inserting ‘‘April 1, 2004, and April 1, 

15 2005’’. 

16 (b) USE OF FUNDS.—The provisions of section 325 

17 of such Act shall apply to funds authorized by section 

18 111(a)(1)(E) of this Act. 

19 (c) CONFORMING AMENDMENT.—Section 325(c) of 

20 such Act is amended in the second sentence by striking 

21 ‘‘two’’ and inserting ‘‘three’’. 
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1 TITLE IV—INTERNATIONAL 

2 ORGANIZATIONS 

3 Subtitle A—Basic Authorities and 

4 Activities 

5 SEC. 401. RAISING THE CAP ON PEACEKEEPING CONTRIBU6 TIONS. 

7 Section 404(b)(2)(B) of the Foreign Relations Au8 thorization Act, Fiscal Years 1994 and 1995 is amended 

9 by inserting after clause (iv) the following: 

10 ‘‘(v) For assessments made during 

11 calendar year 2005 and calendar year 

12 2006, 27.10 percent.’’. 

13 SEC. 402. REGARDING THE REENTRY OF THE UNITED 

14 STATES IN UNESCO. 

15 (a) SENSE OF CONGRESS.—As the United States re16 sumes membership in the United Nations Educational, 

17 Scientific, and Cultural Organization (UNESCO), the 

18 President should—

19 (1) appoint a United States Representative to 

20 the Organization for Economic Cooperation and De21 velopment (OECD) who shall also serve as the 

22 United States Representative to UNESCO; 

23 (2) take steps to ensure that more Americans 

24 are employed by UNESCO, particularly for senior 

25 level positions; 
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1 (3) request that the Secretary General of 

2 UNESCO create a Deputy Director General position 

3 for Management or a comparable position with high 

4 level managerial and administrative responsibilities 

5 to be filled by an American; 

6 (4) insist that any increases in UNESCO’s 

7 budget beyond the level of zero nominal growth for 

8 the 2004-2005 biennium focus primarily on the 

9 adoption of management and administrative reforms; 

10 and 

11 (5) request that the Secretary General of 

12 UNESCO spend the United States contribution to 

13 UNESCO for the last quarter of calendar year 2003 

14 on key education and science priorities of the organi15 zation that will directly benefit United States na16 tional interests. 

17 (b) ANNUAL ASSESSMENT FOR UNITED STATES PAR18 TICIPATION IN UNESCO.—Of the amounts authorized to 

19 be appropriated by section 113(a), such sums as may be 

20 necessary for each of the fiscal years 2004 and 2005 are 

21 authorized to be available for the annual assessment for 

22 United States contributions to the regular budget of the 

23 United Nations Educational, Scientific, and Cultural Or24 ganization.
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1 SEC. 403. UNESCO NATIONAL COMMISSION. 

2 (a) IN GENERAL.—Section 3 of the Act of July 30, 

3 1946, ‘‘Providing for membership and participation by the 

4 United States in the United Nations Educational, Sci5 entific, and Cultural Organization, and authorizing an ap6 propriation therefor.’’ (22 U.S.C. 287o) is amended to 

7 read as follows: 

8 ‘‘SEC. 3. (a) In fulfillment of article VII of the con9 stitution of the Organization, the Secretary of State shall 

10 establish a National Commission on Educational, Sci11 entific, and Cultural Cooperation. 

12 ‘‘(b) The National Commission shall be composed of 

13 not more than 35 members appointed by the Secretary 

14 of State in consultation with the National Academy of 

15 Sciences, the National Science Foundation, the Secretary 

16 of Education, the Secretary of Health and Human Serv17 ices, and the Secretary of the Interior. Members of the 

18 National Commission shall be representatives of non19 governmental organizations, academic institutions, and as20 sociations interested in education, scientific, and cultural 

21 matters. Periodically, the Secretary shall review and revise 

22 the entities represented on the National Commission in 

23 order to achieve a desirable rotation in representation. Ex24 cept as otherwise provided, each member of the National 

25 Commission shall be appointed to a term of 3 years. As 

26 designated by the Secretary of State at the time of ap-
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1 pointment, of the members first appointed one-third shall 

2 be appointed for a term of 1 year, one-third shall be ap3 pointed for a term of 2 years, and one-third shall be ap4 pointed for a term of 3 years. Any member appointed to 

5 fill a vacancy occurring before the expiration of the term 

6 for which the member’s predecessor was appointed shall 

7 be appointed only for the remainder of that term. A mem8 ber may serve after the expiration of that member’s term 

9 until a successor has taken office. No member may serve 

10 more than 2 consecutive terms. The Secretary of State 

11 shall designate a chair of the National Commission. 

12 ‘‘(c) Members of the National Commission shall serve 

13 without pay. For attendance at the annual meeting, each 

14 member shall receive travel expenses in accordance with 

15 section 5703 of title 5, United States Code. 

16 ‘‘(d) The National Commission shall meet at the call 

17 of the chair at least annually and such meetings may be 

18 through video conferencing or other electronic means. The 

19 National Commission shall designate an executive com20 mittee from among the members of the commission and 

21 may designate such other committees as may be necessary 

22 to carry out its duties under this Act. 

23 ‘‘(e) Upon request of the National Commission, the 

24 Secretary of State may detail any of the personnel of the 
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1 Department of State to the National Commission to assist 

2 it in carrying out its duties under this Act.’’. 

3 (b) CONFORMING CHANGES.—Section 2 of the Act of 

4 July 30, 1946, ‘‘Providing for membership and participa5 tion by the United States in the United Nations Edu6 cational, Scientific, and Cultural Organization, and au7 thorizing an appropriation therefor.’’ (22 U.S.C. 287o) is 

8 amended by striking ‘‘One of the representatives’’ and all 

9 that follows through the end of such section.

10 SEC. 404. ORGANIZATION OF AMERICAN STATES (OAS) 

11 EMERGENCY FUND. 

12 Section 109(b)(3) of Public Law 104–114 (22 U.S.C. 

13 6039(b)(3)) is amended by striking ‘‘should provide not 

14 less than $5,000,000’’ and inserting ‘‘shall provide for 

15 each of the fiscal years 2004 and 2005 not less than 

16 $500,000’’.

17 SEC. 405. UNITED STATES EFFORTS REGARDING THE STA18 TUS OF ISRAEL IN THE WESTERN EUROPEAN 

19 AND OTHERS GROUP AT THE UNITED NA20 TIONS. 

21 (a) UNITED STATES EFFORTS.—The Secretary of 

22 State and other appropriate officials of the United States 

23 Government should pursue an aggressive diplomatic effort 

24 and should take all necessary steps to ensure the extension 
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1 and upgrade of Israel’s membership in the Western Euro2 pean and Others Group at the United Nations. 

3 (b) REPORT.—Not later than 60 days after the date 

4 of the enactment of this Act and biannually thereafter, 

5 the Secretary of State shall submit to the appropriate con6 gressional committees a report on the steps taken by the 

7 United States pursuant to subsection (a) and progress in 

8 achieving the objectives of subsection (a). 

9 Subtitle B—United States 

10 International Leadership

11 SEC. 431. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘United States 

13 International Leadership Act of 2003’’. 

14 SEC. 432. FINDINGS. 

15 The Congress makes the following findings: 

16 (1) International organizations and other multi17 lateral institutions play a key role in United States 

18 foreign policy and serve key United States foreign 

19 policy objectives, such as obligating all countries to 

20 freeze assets of terrorist groups, preventing the pro21 liferation of chemical, biological, and nuclear weap22 ons, and spearheading the fight to combat the rav23 ages of HIV/AIDS and other infectious diseases. 

24 (2) Decisions at many international organiza25 tions, including membership and key positions, re-
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1 main subject to determinations made by regional 

2 groups where democratic states are often in the mi3 nority and where there is intensive cooperation 

4 among repressive regimes. As a result, the United 

5 States has often been blocked in its attempts to take 

6 action in these institutions to advance its goals and 

7 objectives, including at the United Nations Human 

8 Rights Commission (where a representative of Libya 

9 was elected as chairman and the United States tem10 porarily lost a seat). 

11 (3) In order to address these shortcomings, the 

12 United States must actively work to improve the 

13 workings of international organizations and multilat14 eral institutions, particularly by creating a caucus of 

15 democratic countries that will advance United States 

16 interests. In the Second Ministerial Conference of 

17 the Community of Democracies in Seoul, Korea, on 

18 November 10–20, 2002, numerous countries rec19 ommended working together as a democracy caucus 

20 in international organizations such as the United 

21 Nations and ensuring that international and regional 

22 institutions develop and apply democratic standards 

23 for member states. 

24 (4) In addition, the United States has short25 changed its ability to influence these organizations 
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1 by failing to obtain enough support for positions 

2 that are congruent to or consistent with United 

3 States objectives and has not done enough to build 

4 expertise in the United States Government in the 

5 area of multilateral diplomacy. 

6 SEC. 433. ESTABLISHMENT OF A DEMOCRACY CAUCUS. 

7 (a) IN GENERAL.—The President of the United 

8 States, acting through the Secretary of State and the rel9 evant United States chiefs of mission, shall seek to estab10 lish a democracy caucus at the United Nations, the United 

11 Nations Human Rights Commission, the United Nations 

12 Conference on Disarmament, and at other broad-based 

13 international organizations. 

14 (b) PURPOSES OF THE CAUCUS.—A democracy cau15 cus at an international organization should—

16 (1) forge common positions, including, as ap17 propriate, at the ministerial level, on matters of con18 cern before the organization and work within and 

19 across regional lines to promote agreed positions; 

20 (2) work to revise an increasingly outmoded 

21 system of regional voting and decision making; and 

22 (3) set up a rotational leadership scheme to 

23 provide member states an opportunity, for a set pe24 riod of time, to serve as the designated president of 
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1 the caucus, responsible for serving as its voice in 

2 each organization. 

3 SEC. 434. ANNUAL DIPLOMATIC MISSIONS ON MULTILAT4 ERAL ISSUES. 

5 The Secretary of State, acting through the principal 

6 officers responsible for advising the Secretary on inter7 national organizations, shall ensure that a high-level dele8 gation from the United States Government, on an annual 

9 basis, is sent to consult with key foreign governments in 

10 every region in order to promote the United States agenda 

11 at key international fora, such as the United Nations Gen12 eral Assembly, United Nations Human Rights Commis13 sion, the United Nations Education, Science, and Cultural 

14 Organization, and the International Whaling Commission. 

15 SEC. 435. LEADERSHIP AND MEMBERSHIP OF INTER16 NATIONAL ORGANIZATIONS. 

17 The President, acting through the Secretary of State 

18 and the relevant United States chiefs of mission, shall use 

19 the voice, vote, and influence of the United States to—

20 (1) where appropriate, reform the criteria for 

21 leadership and, in appropriate cases for membership, 

22 at all United Nations bodies and at other inter23 national organizations and multilateral institutions 

24 to which the United States is a member so as to ex-
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1 clude nations that violate the principles of the spe2 cific organization; 

3 (2) make it a policy of the United Nations and 

4 other international organizations and multilateral in5 stitutions, of which the United States is a member, 

6 that a member state may not stand in nomination 

7 or be in rotation for a leadership position in such 

8 bodies if the member state is subject to sanctions 

9 imposed by the United Nations Security Council; 

10 and 

11 (3) work to ensure that no member state stand 

12 in nomination or be in rotation for a leadership posi13 tion in such organizations if the member state is 

14 subject to a determination under section 620A of the 

15 Foreign Assistance Act of 1961, section 40 of the 

16 Arms Export Control Act, or section 6(j) of the Ex17 port Administration Act. 

18 SEC. 436. INCREASED TRAINING IN MULTILATERAL DIPLO19 MACY. 

20 (a) TRAINING PROGRAMS.—Section 708 of the For21 eign Service Act of 1980 (22 U.S.C. 4028) is amended 

22 by adding after subsection (b) the following new sub23 section: 

24 ‘‘(c) TRAINING IN MULTILATERAL DIPLOMACY.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish a series of training courses for officers of the 

3 Service, including appropriate chiefs of mission, on 

4 the conduct of diplomacy at international organiza5 tions and other multilateral institutions and at 

6 broad-based multilateral negotiations of inter7 national instruments. 

8 ‘‘(2) PARTICULAR PROGRAMS.—The Secretary 

9 shall ensure that the training described in paragraph 

10 (1) is provided at various stages of the career of 

11 members of the Service. In particular, the Secretary 

12 shall ensure that after January 1, 2004—

13 ‘‘(A) officers of the Service receive training 

14 on the conduct of diplomacy at international or15 ganizations and other multilateral institutions 

16 and at broad-based multilateral negotiations of 

17 international instruments as part of their train18 ing upon entry of the Service; and 

19 ‘‘(B) officers of the Service, including 

20 chiefs of mission, who are assigned to United 

21 States missions representing the United States 

22 to international organizations and other multi23 lateral institutions or who are assigned in 

24 Washington, D.C. to positions that have as 

25 their primary responsibility formulation of pol-
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1 icy towards such organizations and institutions 

2 or towards participation in broad-based multi3 lateral negotiations of international instruments 

4 receive specialized training in the areas de5 scribed in paragraph (1) prior to beginning of 

6 service for such assignment or, if receiving such 

7 training at that time is not practical, within the 

8 first year of beginning such assignment.’’. 

9 (b) TRAINING FOR CIVIL SERVICE EMPLOYEES.—

10 The Secretary shall ensure that employees of the Depart11 ment of State that are members of the civil service and 

12 that are assigned to positions described in section 708(c) 

13 of the Foreign Service Act of 1980 (as amended by this 

14 subtitle) have training described in such section. 

15 (c) CONFORMING AMENDMENTS.—Section 708 of 

16 such Act is further amended—

17 (1) in subsection (a) by striking ‘‘(a) The’’ and 

18 inserting ‘‘(a) TRAINING ON HUMAN RIGHTS.—

19 The’’; and 

20 (2) in subsection (b) by striking ‘‘(b) The’’ and 

21 inserting ‘‘(b) TRAINING ON REFUGEE LAW AND

22 RELIGIOUS PERSECUTION.—The’’. 

23 SEC. 437. PROMOTING ASSIGNMENTS TO INTERNATIONAL 

24 ORGANIZATIONS. 

25 (a) PROMOTIONS.— 
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1 (1) IN GENERAL.—Section 603(b) of the For2 eign Service Act of 1980 (22 U.S.C. 4003) is 

3 amended by striking the period at the end and in4 serting: ‘‘, and shall consider whether the member of 

5 the Service has served in a position whose primary 

6 responsibility is to formulate policy towards or rep7 resent the United States at an international organi8 zation, a multilateral institution, or a broad-based 

9 multilateral negotiation of an international instru10 ment.’’. 

11 (2) EFFECTIVE DATE.—The amendment made 

12 by paragraph (1) shall take effect January 1, 2010. 

13 (b) ESTABLISHMENT OF A MULTILATERAL DIPLO14 MACY CONE IN THE FOREIGN SERVICE.— 

15 (1) FINDINGS.—

16 (A) The Department of State maintains a 

17 number of United States missions both within 

18 the United States and abroad that are dedi19 cated to representing the United States to 

20 international organizations and multilateral in21 stitutions, including missions in New York, 

22 Brussels, Geneva, Rome, Montreal, Nairobi, Vi23 enna, and Paris, which will soon be responsible 

24 for United States representation to UNESCO 

25 and OECD. 
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1 (B) In offices at the Harry S. Truman 

2 Building, the Department maintains a signifi3 cant number of positions in bureaus that are ei4 ther dedicated, or whose primary responsibility 

5 is, to represent the United States to such orga6 nizations and institutions or at multilateral ne7 gotiations. 

8 (C) Given the large number of positions in 

9 the United States and abroad that are dedi10 cated to multilateral diplomacy, the Department 

11 of State may be well served in developing per12 sons with specialized skills necessary to become 

13 experts in this unique form of diplomacy. 

14 (2) REPORT.—Not later than 180 days after 

15 the date of the enactment of this Act, the Secretary 

16 shall submit to the appropriate congressional com17 mittees a report—

18 (A) evaluating whether a new cone should 

19 be established for the Foreign Service that con20 centrates on members of the Service that serve 

21 at international organizations and multilateral 

22 institutions or are primarily responsible for par23 ticipation in broad-based multilateral negotia24 tions of international instruments; and 
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1 (B) provides alternative mechanisms for 

2 achieving the objective of developing a core 

3 group of United States diplomats and other 

4 government employees who have expertise and 

5 broad experience in conducting multilateral di6 plomacy. 

7 SEC. 438. IMPLEMENTATION AND ESTABLISHMENT OF OF8 FICE ON MULTILATERAL NEGOTIATIONS. 

9 (a) ESTABLISHMENT OF OFFICE.—The Secretary of 

10 State is authorized to establish, within the Bureau of 

11 International Organizational Affairs, an Office on Multi12 lateral Negotiations to be headed by a Special Representa13 tive for Multilateral Negotiations (in this section referred 

14 to as the ‘‘special representative’’). 

15 (b) APPOINTMENT.—The special representative shall 

16 be appointed by the President with the advice and consent 

17 of the Senate and shall have the rank of Ambassador-at18 Large. At the discretion of the President another official 

19 at the Department may serve as the special representative. 

20 The President may direct that the special representative 

21 report to the Assistant Secretary for International Organi22 zations. 

23 (c) STAFFING.—The special representative shall have 

24 a staff of foreign service and civil service officers skilled 

25 in multilateral diplomacy. 
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1 (d) DUTIES.—The special representative shall have 

2 the following responsibilities: 

3 (1) IN GENERAL.—The primary responsibility 

4 of the special representative shall be to assist in the 

5 organization of, and preparation for, United States 

6 participation in multilateral negotiations, including 

7 the advocacy efforts undertaken by the Department 

8 of State and other United States agencies. 

9 (2) ADVISORY ROLE.—The special representa10 tive shall advise the President and the Secretary of 

11 State, as appropriate, regarding advocacy at inter12 national organizations and multilateral institutions 

13 and negotiations and, in coordination with the As14 sistant Secretary of State for International Organi15 zational Affairs, shall make recommendations re16 garding—

17 (A) effective strategies (and tactics) to 

18 achieve United States policy objectives at multi19 lateral negotiations; 

20 (B) the need for and timing of high level 

21 intervention by the President, the Secretary of 

22 State, the Deputy Secretary of State, and other 

23 United States officials to secure support from 

24 key foreign government officials for the United 
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1 States position at such organizations, institu2 tions, and negotiations; 

3 (C) the composition of United States dele4 gations to multilateral negotiations; and 

5 (D) liaison with Congress, international or6 ganizations, nongovernmental organizations, 

7 and the private sector on matters affecting mul8 tilateral negotiations. 

9 (3) DEMOCRACY CAUCUS.—The special rep10 resentative, in coordination with the Assistant Sec11 retary for International Organizational Affairs, shall 

12 ensure the establishment of a democracy caucus. 

13 (4) ANNUAL DIPLOMATIC MISSIONS OF MULTI14 LATERAL ISSUES.—The special representative, in co15 ordination with the Assistant Secretary for Inter16 national Organizational Affairs, shall organize an17 nual consultations between the principal officers re18 sponsible for advising the Secretary of State on 

19 international organizations and foreign governments 

20 to promote the United States agenda at the United 

21 Nations General Assembly and other key inter22 national fora (such as the United Nations Human 

23 Rights Commission). 

24 (5) LEADERSHIP AND MEMBERSHIP OF INTER25 NATIONAL ORGANIZATIONS.—The special representa-
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1 tive, in coordination with the Assistant Secretary of 

2 International Organizational Affairs, shall direct the 

3 efforts of the United States Government to reform 

4 the criteria for leadership and membership of inter5 national organizations as described in section 435. 

6 (6) PARTICIPATION IN MULTILATERAL NEGO7 TIATIONS.—The special representative, or members 

8 of the special representative’s staff, may, as required 

9 by the President or the Secretary of State, serve on 

10 a United States delegation to any multilateral nego11 tiation. 

12 (e) REPORT.—Not later than 180 days after the date 

13 of the enactment of this Act, the Secretary of State shall 

14 submit a plan to establish a democracy caucus to the ap15 propriate congressional committees. The report required 

16 by section 437(c) may be submitted together with the re17 port under this subsection. 

18 SEC. 439. SYNCHRONIZATION OF UNITED STATES CON19 TRIBUTIONS TO INTERNATIONAL ORGANIZA20 TIONS. 

21 Not later than 180 days after the date of the enact22 ment of this Act, the President shall submit a plan to the 

23 appropriate congressional committees on the implementa24 tion of section 404 of the Foreign Relations Authorization 

25 Act of 2003 (Public Law 107–228), (relating to a resump-
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1 tion by the United State of the payment of its full con2 tribution to certain international organizations at the be3 ginning of each calendar year). 

4 TITLE V—UNITED STATES 

5 INTERNATIONAL BROAD6 CASTING ACTIVITIES 

7 Subtitle A—Basic Authorities and 

8 Activities

9 SEC. 501. MIDEAST RADIO AND TELEVISION NETWORK, INC. 

10 (a) The United States International Broadcasting 

11 Act of 1994 (22 U.S.C. 6201 et seq.) is amended by add12 ing after section 309 the following new section: 

13 ‘‘SEC. 310. MIDEAST RADIO AND TELEVISION NETWORK, 

14 INC. 

15 ‘‘(a) AUTHORITY.—Grants authorized under section 

16 305 shall be available to make annual grants to Mideast 

17 Radio and Television Network, Inc. (hereinafter in this 

18 title also referred to as ‘Mideast Network’) for the purpose 

19 of carrying out radio and television broadcasting to the 

20 Middle East region. 

21 ‘‘(b) FUNCTION.—Mideast Network shall provide 

22 radio and television programming to the Middle East re23 gion consistent with the broadcasting standards and 

24 broadcasting principles set forth in section 303 of this Act. 
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1 ‘‘(c) GRANT AGREEMENT.—Any grant agreement or 

2 grants under this section shall be subject to the following 

3 limitations and restrictions: 

4 ‘‘(1) The Board may not make any grant to the 

5 nonprofit corporation, Mideast Network unless its 

6 certificate of incorporation provides that—

7 ‘‘(A) the Board of Directors of Mideast 

8 Radio and Television Network, Inc. (hereinafter 

9 referred to as ‘the Board’) shall consist of the 

10 members of the Broadcasting Board of Gov11 ernors established under section 304 and of no 

12 other members; and 

13 ‘‘(B) the Board shall make all major policy 

14 determinations governing the operation of Mid15 east Network and shall appoint and fix the 

16 compensation of such managerial officers and 

17 employees of Mideast Network as it considers 

18 necessary to carry out the purposes of the grant 

19 provided under this title, except that no officer 

20 or employee may be paid a salary or other com21 pensation in excess of the rate of pay payable 

22 for Level IV of the Executive Schedule under 

23 section 5315 of title 5, United States Code. 

24 ‘‘(2) Any grant agreement under this section 

25 shall require that any contract entered into by Mid-
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1 east Network shall specify that obligations are as2 sumed by Mideast Network and not the United 

3 States Government. 

4 ‘‘(3) Any grant agreement shall require that 

5 any lease agreement entered into by Mideast Net6 work shall be, to the maximum extent possible, as7 signable to the United States Government. 

8 ‘‘(4) Grants awarded under this section shall be 

9 made pursuant to a grant agreement which requires 

10 that grant funds be used only for activities con11 sistent with this section, and that failure to comply 

12 with such requirements shall permit the grant to be 

13 terminated without fiscal obligation to the United 

14 States. 

15 ‘‘(5) Duplication of language services and tech16 nical operations between the Mideast Radio and Tel17 evision Network, Inc., (including Radio Sawa), RFE/

18 RL, and the International Broadcasting Bureau will 

19 be reduced to the extent appropriate, as determined 

20 by the Board. 

21 ‘‘(d) NOT A FEDERAL AGENCY OR INSTRUMEN22 TALITY.—Nothing in this title may be construed to estab23 lish Mideast Network as a Federal agency or instrumen24 tality, nor shall the officers or employees of Mideast Net-
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1 work be considered to be officers or employees of the 

2 United States Government. 

3 ‘‘(e) AUDIT AUTHORITY.—

4 ‘‘(1) Such financial transactions of Mideast 

5 Network, as relate to functions carried out under 

6 this section may be audited by the General Account7 ing Office in accordance with such principles and 

8 procedures and under such rules and regulations as 

9 may be prescribed by the Comptroller General of the 

10 United States. Any such audit shall be conducted at 

11 the place or places where accounts of Mideast Net12 work are normally kept. 

13 ‘‘(2) Representatives of the General Accounting 

14 Office shall have access to all books, accounts, 

15 records, reports, files, papers, and property belong16 ing to or in use by Mideast Network pertaining to 

17 such financial transactions as necessary to facilitate 

18 an audit. Such representatives shall be afforded full 

19 facilities for verifying transactions with any assets 

20 held by depositories, fiscal agents, and custodians. 

21 All such books, accounts, records, reports, files, pa22 pers, and property of Mideast Network shall remain 

23 in the custody of Mideast Network. 

24 ‘‘(3) Notwithstanding any other provisions of 

25 law, the Inspector General of the Department of 
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1 State is authorized to exercise the authorities of the 

2 Inspector General Act with respect to the Mideast 

3 Network.’’. 

4 (b) CONFORMING AMENDMENTS.—

5 (1) Section 305 of the United States Inter6 national Broadcasting Act of 1994 (22 U.S.C. 6204) 

7 is amended—

8 (A) in subsection (a)(5) by striking ‘‘308 

9 and 309’’ and inserting ‘‘308, 309, and 310’’; 

10 (B) in subsection (a)(6) by striking ‘‘308 

11 and 309’’ and inserting ‘‘308, 309, and 310’’; 

12 and 

13 (C) in subsection (c) by striking ‘‘308 and 

14 309’’ and inserting ‘‘308, 309, and 310’’. 

15 (2) Section 307 of the United States Inter16 national Broadcasting Act of 1994 (22 U.S.C. 6206) 

17 is amended—

18 (A) in subsection (a) by striking ‘‘308 and 

19 309’’ and inserting ‘‘308, 309, and 310’’; and 

20 (B) in subsection (c) by adding ‘‘Mideast 

21 Radio and Television Network, Inc.,’’ after 

22 ‘‘Asia’’. 

23 (3) Section 304(g) of the United States Inter24 national Broadcasting Act of 1994 (22 U.S.C. 

25 6203(g)) is amended by striking ‘‘and Radio Free 
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1 Asia’’ and inserting ‘‘, Radio Free Asia, and Mideast 

2 Radio and Television Network, Inc.’’. 

3 (4) Section 8332(b)(11) of title 5, United 

4 States Code, is amended by adding ‘‘Mideast Radio 

5 and Television Network, Inc.;’’ after ‘‘the Asia 

6 Foundation;’’. 

7 SEC. 502. IMPROVING SIGNAL DELIVERY TO CUBA. 

8 Section 3 of the Radio Broadcasting to Cuba Act (22 

9 U.S.C. 1465a) is amended—

10 (1) in subsection (c) by striking the second sen11 tence and inserting ‘‘The Board is authorized to si12 multaneously utilize other broadcasting transmission 

13 facilities, and other frequencies, including the Ampli14 tude Modulation (AM) Band (535 kHz to 1705 

15 kHz), the Frequency Modulation (FM) Band, and 

16 the Shortwave (SW) Band.’’; 

17 (2) in subsection (c) in the third sentence by 

18 striking ‘‘Provided, That’’ and all that follows before 

19 the period at the end; 

20 (3) in subsection (d) by striking the last sen21 tence; 

22 (4) by amending subsection (e) to read as fol23 lows: 
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•HR 1950 IH 

1 ‘‘(e) Any program of United States Government radio 

2 broadcasts to Cuba authorized by this section shall be des3 ignated ‘Radio Marti program’.’’; and 

4 (5) in subsection (f) by striking ‘‘Voice of 

5 America’’.

6 SEC. 503. REPORT CONCERNING EFFORTS TO COUNTER 

7 JAMMING OF BROADCASTS OF RADIO MARTI 

8 AND TV MARTI. 

9 Not later than 30 days after the date of the enact10 ment of this Act, the Secretary of State shall submit to 

11 the appropriate congressional committees a report pro12 viding the following information: 

13 (1) Specific steps taken to increase the capabili14 ties of Radio Marti and TV Marti to ensure that 

15 broadcasts overcome jamming by the Government of 

16 Cuba. 

17 (2) An evaluation and analysis of not less than 

18 10 alternate methods to counter jamming of radio 

19 and television broadcasts including the following: 

20 (A) Methods used to broadcast into Iraq 

21 involving a C-130. 

22 (B) Methods previously used to transmit 

23 into the former Soviet Union and other Soviet 

24 bloc countries. 
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1 (C) Successful methods employed by non2 United States Government entities, such as 

3 those used by the Falun Gong to overcome Chi4 nese Government jamming and those recently 

5 used by a Cuban exile group to transmit tele6 vision broadcasts into Cuba. 

7 Subtitle B—Global Internet 

8 Freedom 

9 SEC. 521. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Global Internet 

11 Freedom Act of 2003’’. 

12 SEC. 522. FINDINGS. 

13 The Congress makes the following findings: 

14 (1) Freedom of speech, freedom of the press, 

15 and freedom of association are fundamental charac16 teristics of a free society. The first amendment to 

17 the Constitution of the United States guarantees 

18 that ‘‘Congress shall make no law . . . abridging the 

19 freedom of speech, or of the press; or the right of 

20 the people peaceably to assemble.’’ These constitu21 tional provisions guarantee the rights of Americans 

22 to communicate and associate with one another 

23 without restriction, including unfettered communica24 tion and association via the Internet. Article 19 of 

25 the United Nation’s Universal Declaration of 
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1 Human Rights explicitly guarantees the freedom to 

2 ‘‘receive and impart information and ideas through 

3 any media and regardless of frontiers’’. 

4 (2) All people have the right to communicate 

5 freely with others, and to have unrestricted access to 

6 news and information, on the Internet. 

7 (3) With nearly 10 percent of the world’s popu8 lation now online, and more gaining access each day, 

9 the Internet stands to become the most powerful en10 gine for democratization and the free exchange of 

11 ideas ever invented. 

12 (4) The governments of Burma, Cuba, Laos, 

13 North Korea, the People’s Republic of China, Saudi 

14 Arabia, Syria, and Vietnam, among others, are tak15 ing active measures to keep their citizens from freely 

16 accessing the Internet and obtaining international 

17 political, religious, and economic news and informa18 tion. 

19 (5) The Voice of America and Radio Free Asia, 

20 as well as hundreds of news sources with an Internet 

21 presence, are routinely being jammed by repressive 

22 governments. 

23 (6) Since the 1940s, the United States has de24 ployed anti-jamming technologies to make Voice of 

25 America and other United States Government spon-
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1 sored broadcasting available to people in nations 

2 with governments that seek to block news and infor3 mation. 

4 (7) The United States Government has thus far 

5 commenced only modest steps to fund and deploy 

6 technologies to defeat Internet censorship. 

7 (8) The success of United States policy in sup8 port of freedom of speech, press, and association re9 quires continued efforts to defeat totalitarian and 

10 authoritarian controls on news and information over 

11 the Internet. 

12 SEC. 523. PURPOSES. 

13 The purposes of this subtitle are—

14 (1) to adopt an effective and robust global 

15 Internet freedom policy; 

16 (2) to establish an office within the Broad17 casting Board of Governors with the sole mission of 

18 countering Internet jamming and blocking by uti19 lizing available anti-jamming technology; 

20 (3) to expedite the development and deployment 

21 of technology to protect Internet freedom around the 

22 world; and 

23 (4) to bring to bear the pressure of the free 

24 world on repressive governments guilty of Internet 
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1 censorship and the intimidation and persecution of 

2 their citizens who use the Internet. 

3 SEC. 524. DEVELOPMENT AND DEPLOYMENT OF TECH4 NOLOGIES TO DEFEAT INTERNET JAMMING 

5 AND CENSORSHIP. 

6 (a) ESTABLISHMENT OF OFFICE OF GLOBAL INTER7 NET FREEDOM.—The Broadcasting Board of Governors 

8 shall establish an Office of Global Internet Freedom (here9 inafter in this subtitle referred to as the ‘‘Office’’). The 

10 Office shall develop and implement a comprehensive global 

11 strategy to combat state-sponsored and state-directed 

12 Internet jamming and persecution of those who use the 

13 Internet. 

14 (b) COOPERATION OF OTHER FEDERAL DEPART15 MENTS AND AGENCIES.—Each department and agency of 

16 the United States Government shall cooperate fully with, 

17 and assist in the implementation of, the strategy developed 

18 by the Office and shall make such resources and informa19 tion available to the Office as is necessary to the achieve20 ment of the purposes of this subtitle. 

21 (c) COOPERATION WITH DEPARTMENT OF STATE.—

22 The Office shall assist the Secretary of State in preparing 

23 portions of the country reports on human rights practices 

24 that address Internet accessibility. 
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1 (d) REPORT TO CONGRESS.—Nine months after the 

2 date of the enactment of this Act, the Broadcasting Board 

3 of Governors shall submit to the Congress a report on the 

4 status of foreign government interference with Internet 

5 use and of efforts by the United States to counter such 

6 interference. The report shall list the countries that pur7 sue policies of Internet censorship, blocking, and other 

8 abuses; provide information concerning the government 

9 agencies or quasi-governmental organizations that imple10 ment Internet censorship; and describe with the greatest 

11 particularity practicable the technological means by which 

12 such blocking and other abuses are accomplished. In the 

13 discretion of the Broadcasting Board of Governors, such 

14 report may be submitted in both a classified and nonclassi15 fied version. One year after the date of submission of such 

16 report, the Office shall submit a second report. 

17 (e) LIMITATION ON AUTHORITY.—Nothing in this 

18 subtitle shall be interpreted to authorize any action by the 

19 United States to interfere with foreign national censorship 

20 in furtherance of legitimate law enforcement aims con21 sistent with the Universal Declaration of Human Rights. 
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1 Subtitle C—Reorganization of 

2 United States International 

3 Broadcasting 

4 SEC. 531. ESTABLISHMENT OF UNITED STATES INTER5 NATIONAL BROADCASTING AGENCY. 

6 (a) IN GENERAL.—Section 304 of the United States 

7 International Broadcasting Act of 1994 (22 U.S.C. 6203) 

8 is amended to read as follows: 

9 ‘‘SEC. 304. ESTABLISHMENT OF UNITED STATES INTER10 NATIONAL BROADCASTING AGENCY. 

11 ‘‘(a) ESTABLISHMENT.—There is established as an 

12 independent agency in the executive branch the United 

13 States International Broadcasting Agency (hereinafter in 

14 this Act referred to as the ‘Agency’). 

15 ‘‘(b) BOARD OF GOVERNORS OF THE AGENCY.—

16 ‘‘(1) HEAD OF AGENCY.—The Agency shall be 

17 headed by the Board of Governors of the United 

18 States International Broadcasting Agency (herein19 after in this Act referred to as the ‘Board of Gov20 ernors’). 

21 ‘‘(2) AUTHORITIES AND FUNCTIONS.—The 

22 Board of Goverors shall—

23 ‘‘(A) carry out the authorities and func24 tions of the Agency under section 305; and 
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1 ‘‘(B) be responsible for the exercise of all 

2 authorities and powers and the discharge of all 

3 duties and functions of the Agency. 

4 ‘‘(3) COMPOSITION OF THE BOARD OF GOV5 ERNORS.—

6 ‘‘(A) The Board of Governors shall consist 

7 of 9 members, as follows: 

8 ‘‘(i) Eight voting members who shall 

9 be appointed by the President, by and with 

10 the advice and consent of the Senate. 

11 ‘‘(ii) The Secretary of State who shall 

12 also be a voting member. 

13 ‘‘(B) The President shall appoint one 

14 member (other than the Secretary of State) as 

15 Chair of the Board of Governors, subject to the 

16 advice and consent of the Senate. 

17 ‘‘(C) Exclusive of the Secretary of State, 

18 not more than 4 of the members of the Board 

19 of Governors appointed by the President shall 

20 be of the same political party. 

21 ‘‘(4) TERM OF OFFICE.—The term of office of 

22 each member of the Board of Governors shall be 

23 three years, except that the Secretary of State shall 

24 remain a member of the Board of Governors during 

25 the Secretary’s term of service. The President shall 
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1 appoint, by and with the advice and consent of the 

2 Senate, board members to fill vacancies occurring 

3 prior to the expiration of a term, in which case the 

4 members so appointed shall serve for the remainder 

5 of such term. Any member whose term has expired 

6 may serve until a successor has been appointed and 

7 qualified. When there is no Secretary of State, the 

8 Acting Secretary of State shall serve as a member 

9 of the board until a Secretary is appointed. 

10 ‘‘(5) SELECTION OF BOARD OF GOVERNORS.—

11 Members of the Board of Governors appointed by 

12 the President shall be citizens of the United States 

13 who are not regular full-time employees of the 

14 United States Government. Such members shall be 

15 selected by the President from among Americans 

16 distinguished in the fields of mass communications, 

17 print, broadcast media, or foreign affairs. 

18 ‘‘(6) COMPENSATION.—Members of the Board 

19 of Governors, while attending meetings of the board 

20 or while engaged in duties relating to such meetings 

21 or in other activities of the board pursuant to this 

22 section (including travel time) shall be entitled to re23 ceive compensation equal to the daily equivalent of 

24 the compensation prescribed for level IV of the Ex25 ecutive Schedule under section 5315 of title 5, 
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1 United States Code. While away from their homes or 

2 regular places of business, members of the board 

3 may be allowed travel expenses, including per diem 

4 in lieu of subsistence, as authorized by law for per5 sons in the Government service employed intermit6 tently. The Secretary of State shall not be entitled 

7 to any compensation under this title, but may be al8 lowed travel expenses as provided under this sub9 section. 

10 ‘‘(7) DECISIONS.—Decisions of the Board of 

11 Governors shall be made by majority vote, a quorum 

12 being present. A quorum shall consist of 5 members. 

13 ‘‘(8) IMMUNITY FROM CIVIL LIABILITY.—Not14 withstanding any other provision of law, any and all 

15 limitations on liability that apply to the members of 

16 the Board of Governors also shall apply to such 

17 members when acting in their capacities as members 

18 of the boards of directors of RFE/RL, Incorporated 

19 and Radio Free Asia. 

20 ‘‘(c) EXECUTIVE DIRECTOR.—

21 ‘‘(1) APPOINTMENT.—The Board of Governors 

22 shall appoint an Executive Director of the Agency. 

23 The Executive Director shall receive basic pay at the 

24 rate payable for level III of the Executive Schedule 

25 under section 5314 of title 5, United States Code. 
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1 The Director may be removed through a majority 

2 vote of the Board. 

3 ‘‘(2) FUNCTIONS AND DUTIES.—The Executive 

4 Director shall have the following functions and du5 ties: 

6 ‘‘(A) To exercise the authorities delegated 

7 by the Board of Governors pursuant to section 

8 305(b). 

9 ‘‘(B) To carry out all broadcasting activi10 ties conducted pursuant to this title, the Radio 

11 Broadcasting to Cuba Act, and the Television 

12 Broadcasting to Cuba Act. 

13 ‘‘(C) To examine and make recommenda14 tions to the Board of Governors on long-term 

15 strategies for the future of international broad16 casting, including the use of new technologies. 

17 ‘‘(D) To review engineering activities to 

18 ensure that all broadcasting elements receive 

19 the highest quality and cost-effective delivery 

20 services. 

21 ‘‘(E) To procure supplies, services, and 

22 other personal property to carry out the func23 tions of the Agency. 

24 ‘‘(F) To obligate and expend, for official 

25 reception and representation expenses, such 
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1 amounts as may be made available through ap2 propriations. 

3 ‘‘(G) To provide for the use of United 

4 States Government transmitter capacity for 

5 relay of broadcasting by grantees. 

6 ‘‘(H) To procure temporary and intermit7 tent personal services to the same extent as is 

8 authorized by section 3109 of title 5, United 

9 States Code, at rates not to exceed the daily 

10 equivalent of the rate provided for positions 

11 classified above grade GS–15 of the General 

12 Schedule under section 5108 of title 5, United 

13 States Code. 

14 ‘‘(I) To procure for the Agency, pursuant 

15 to section 1535 of title 31, United States Code 

16 goods and services from other departments or 

17 agencies. 

18 ‘‘(J) To the extent funds are available, to 

19 lease space and acquire personal property for 

20 the Agency. 

21 ‘‘(d) INSPECTOR GENERAL AUTHORITIES.—

22 ‘‘(1) IN GENERAL.—The Inspector General of 

23 the Department of State shall exercise the same au24 thorities with respect to the Agency as the Inspector 

25 General exercises under the Inspector General Act of 
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1 1978 and section 209 of the Foreign Service Act of 

2 1980 with respect to the Department of State. 

3 ‘‘(2) RESPECT FOR JOURNALISTIC INTEGRITY

4 OF BROADCASTERS.—The Inspector General of the 

5 Department of State and the Foreign Service shall 

6 respect the journalistic integrity of all the broad7 casters covered by this title and may not evaluate 

8 the philosophical or political perspectives reflected in 

9 the content of broadcasts.’’. 

10 (b) RETENTION OF EXISTING BOARD MEMBERS.—

11 The members of the Broadcasting Board of Governors ap12 pointed by the President pursuant to section 304 of the 

13 United States International Broadcasting Act of 1994 on 

14 the day before the effective date of this title and holding 

15 office as of that date may serve the remainder of their 

16 terms of office as members of the Board of Governors es17 tablished under section 304(b) of the United States Inter18 national Broadcasting Act of 1994, as amended by sub19 section (a) of this section, without reappointment, or if 

20 their term has expired may serve until a successor is ap21 pointed and qualified. 

22 SEC. 532. AUTHORITIES AND FUNCTIONS OF THE AGENCY. 

23 Section 305 of the United States International 

24 Broadcasting Act of 1994 (22 U.S.C. 6204) is amended 

25 to read as follows:
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1 ‘‘SEC. 305. AUTHORITIES AND FUNCTIONS OF THE AGENCY. 

2 ‘‘(a) The Agency shall have the following authorities 

3 and functions: 

4 ‘‘(1) To supervise all broadcasting activities 

5 conducted pursuant to this title, the Radio Broad6 casting to Cuba Act, and the Television Broad7 casting to Cuba Act. 

8 ‘‘(2) To review and evaluate the mission and 

9 operation of, and to assess the quality, effectiveness, 

10 and professional integrity of, all such activities with11 in the context of the broad foreign policy objectives 

12 of the United States and the guiding principles and 

13 doctrines of the United States, particularly freedom 

14 and democracy. 

15 ‘‘(3) To develop strategic goals after reviewing 

16 human rights reporting and other reliable assess17 ments to assist in determining programming and re18 source allocation. 

19 ‘‘(4) To ensure that United States international 

20 broadcasting is conducted in accordance with the 

21 standards and principles contained in section 303. 

22 ‘‘(5) To review, evaluate, and determine, at 

23 least annually, after consultation with the Secretary 

24 of State, the addition or deletion of language serv25 ices. 
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1 ‘‘(6) To make and supervise grants for broad2 casting and related activities in accordance with sec3 tions 308 and 309. 

4 ‘‘(7) To allocate funds appropriated for inter5 national broadcasting activities among the various 

6 elements of the Agency and grantees, subject to the 

7 limitations in sections 308 and 309 and subject to 

8 reprogramming notification requirements in law for 

9 the reallocation of funds. 

10 ‘‘(8) To undertake such studies as may be nec11 essary to identify areas in which broadcasting activi12 ties under its authority could be made more efficient 

13 and economical. 

14 ‘‘(9) To submit to the President and the Con15 gress an annual report which summarizes and evalu16 ates activities under this title, the Radio Broad17 casting to Cuba Act, and the Television Broad18 casting to Cuba Act, placing special emphasis on the 

19 assessment described in paragraph (2). 

20 ‘‘(10) To make available in the annual report 

21 required by paragraph (9) information on funds ex22 pended on administrative and managerial services by 

23 the Agency and by grantees and the steps the Agen24 cy has taken to reduce unnecessary overhead costs 

25 for each of the broadcasting services. 
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1 ‘‘(11) To utilize the provisions of titles III, IV, 

2 V, VII, VIII, IX, and X of the United States Infor3 mation and Educational Exchange Act of 1948, and 

4 section 6 of Reorganization Plan Number 2 of 1977, 

5 as in effect on the day before the effective date of 

6 title XIII of the Foreign Affairs Agencies Consolida7 tion Act of 1998, to the extent the Executive Direc8 tor considers necessary in carrying out the provi9 sions and purposes of this title. 

10 ‘‘(12) To utilize the authorities of any other 

11 statute, reorganization plan, Executive order, regula12 tion, agreement, determination, or other official doc13 ument or proceeding that had been available to the 

14 Director of the United States Information Agency, 

15 the Bureau, or the Board before the effective date 

16 of title XIII of the Foreign Affairs Consolidation Act 

17 of 1998 for carrying out the broadcasting activities 

18 covered by this title. 

19 ‘‘(b) DELEGATION OF AUTHORITY.—The Board of 

20 Governors may delegate to the Executive Director of the 

21 Agency, or any other officer or employee of the United 

22 States, the authorities provided in this section, except 

23 those authorities provided in paragraph (1), (2), (4), (5), 

24 (6), (7), or (9) of subsection (a). 
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1 ‘‘(c) BROADCASTING BUDGETS.—The Executive Di2 rector and the grantees identified in sections 308 and 309 

3 shall submit proposed budgets to the Board. The Board 

4 shall forward its recommendations concerning the pro5 posed budget for the Board and broadcasting activities 

6 under this title, the Radio Broadcasting to Cuba Act, and 

7 the Television Broadcasting to Cuba Act to the Office of 

8 Management and Budget.’’. 

9 SEC. 533. ROLE OF THE SECRETARY OF STATE. 

10 Section 306 of the United States International 

11 Broadcasting Act of 1994 (22 U.S.C. 6205) is amended 

12 to read as follows: 

13 ‘‘SEC. 306. ROLE OF THE SECRETARY OF STATE. 

14 ‘‘To assist the Agency in carrying out its functions, 

15 the Secretary of State shall provide such information and 

16 guidance on foreign policy and public diplomacy issues to 

17 the Agency as the Secretary considers appropriate.’’. 

18 SEC. 534. ADMINISTRATIVE PROVISIONS. 

19 The United States International Broadcasting Act of 

20 1994 is amended by striking section 307 and inserting the 

21 following new section: 

22 ‘‘SEC. 307. ADMINISTRATIVE PROVISIONS. 

23 ‘‘(a) OFFICERS AND EMPLOYEES.—The Board of 

24 Governors may appoint and fix the compensation of such 

25 officers and employees as may be necessary to carry out 
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1 the functions of the Agency. Except as otherwise provided 

2 by law, such officers and employees shall be appointed in 

3 accordance with the civil service laws and their compensa4 tion shall be fixed in accordance with title 5, United States 

5 Code. 

6 ‘‘(b) EXPERTS AND CONSULTANTS.—The Board of 

7 Governors, as may be provided in appropriation Acts, may 

8 obtain the services of experts and consultants in accord9 ance with section 3109 of title 5, United States Code, and 

10 may compensate such experts and consultants at rates not 

11 to exceed the daily rate prescribed for level IV of the Exec12 utive Schedule under section 5315 of title 5, United States 

13 Code. 

14 ‘‘(c) ACCEPTANCE OF VOLUNTARY SERVICES.—

15 ‘‘(1) IN GENERAL.—Notwithstanding section 

16 1342 of title 31, United States Code, the Board of 

17 Governors may accept, subject to regulations issued 

18 by the Office of Personnel Management, voluntary 

19 services if such services—

20 ‘‘(A) are to be uncompensated; and 

21 ‘‘(B) are not used to displace any em22 ployee. 

23 ‘‘(2) TREATMENT.—Any individual who pro24 vides voluntary services under this section shall not 

25 be considered a Federal employee for any purpose 
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1 other than for purposes of chapter 81 of title 5, 

2 United States Code (relating to compensation for in3 jury) and sections 2671 through 2680 of title 28, 

4 United States Code (relating to tort claims). 

5 ‘‘(d) DELEGATION.—Except as otherwise provided in 

6 this Act, the Board of Governors may delegate any func7 tion to the Executive Director and such other officers and 

8 employees of the Agency as the Board of Governors may 

9 designate, and may authorize such successive redelega10 tions of such functions within the Agency as may be nec11 essary or appropriate. 

12 ‘‘(e) CONTRACTS.—

13 ‘‘(1) IN GENERAL.—Subject to the Federal 

14 Property and Administrative Services Act of 1949 

15 and other applicable Federal law, the Board of Gov16 ernors may make, enter into, and perform such con17 tracts, grants, leases, cooperative agreements, and 

18 other similar transactions with Federal or other pub19 lic agencies (including State and local governments) 

20 and private organizations and persons, and to make 

21 such payments, by way of advance or reimburse22 ment, as the Board of Governors may determine 

23 necessary or appropriate to carry out functions of 

24 the Board of Governors or the Agency. 
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1 ‘‘(2) APPROPRIATION AUTHORITY REQUIRED.—

2 No authority to enter into contracts or to make pay3 ments under this title shall be effective except to 

4 such extent or in such amounts as are provided in 

5 advance under appropriation Acts. 

6 ‘‘(f) REGULATIONS.—The Executive Director may 

7 prescribe such rules and regulations as the Board of Gov8 ernors considers necessary or appropriate to administer 

9 and manage the functions of the Agency, in accordance 

10 with chapter 5 of title 5, United States Code. 

11 ‘‘(g) SEAL.—The Executive Director shall cause a 

12 seal of office to be made for the Agency of such design 

13 as the Board of Governors shall approve. Judicial notice 

14 shall be taken of such seal.’’. 

15 SEC. 535. BROADCASTING BOARD OF GOVERNORS AND 

16 INTERNATIONAL BROADCASTING BUREAU. 

17 The Broadcasting Board of Governors and the Inter18 national Broadcasting Bureau are abolished. 

19 SEC. 536. TRANSITION. 

20 (a) TRANSFER OF FUNCTIONS.—Except as otherwise 

21 provided in this subtitle or an amendment made by this 

22 subtitle, all functions that on the day before the effective 

23 date specified in section 540 are authorized to be per24 formed by the Broadcasting Board of Governors and the 

25 International Broadcasting Bureau and any officer, em-
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1 ployee, or component of such entities, under any statute, 

2 reorganization plan, Executive order, or other provision of 

3 law, are transferred to the Agency established under this 

4 title effective on that date. 

5 (b) DETERMINATION OF CERTAIN FUNCTIONS.—If 

6 necessary, the Office of Management and Budget shall 

7 make any determination of the functions that are trans8 ferred under this title. 

9 (c) TRANSITION PROVISIONS.—

10 (1) EXERCISE OF AUTHORITIES.—Except as 

11 otherwise provided by law, the Board of Governors 

12 may, for purposes of performing a function that is 

13 transferred to the Agency by this title, exercise all 

14 authorities under any other provision of law that 

15 were available with respect to the performance of 

16 that function to the official responsible for the per17 formance of that function on the day before the ef18 fective date specified in section 540. 

19 (2) AUTHORITIES TO WIND UP AFFAIRS.—

20 (A) The Director of the Office of Manage21 ment and Budget may take such actions as the 

22 Director of the Office of Management and 

23 Budget considers necessary to wind up any out24 standing affairs of the Broadcasting Board of 

25 Governors and the International Broadcasting 
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1 Bureau associated with the functions that are 

2 transferred pursuant to subsection (a). 

3 (B) The Director of the Office of Manage4 ment and Budget may take such actions as the 

5 Director of the Office of Management and 

6 Budget considers necessary to wind up any out7 standing affairs of the Broadcasting Board of 

8 Governors and the International Broadcasting 

9 Bureau associated with the functions that are 

10 transferred pursuant to subsection (a). 

11 (3) TRANSFER OF ASSETS.—Any property, 

12 records, unexpended balances of appropriations, allo13 cations, and other funds employed, used, held, avail14 able, or to be made available in connection with a 

15 function transferred to the Agency by this Act are 

16 transferred on the effective date specified in section 

17 540. 

18 SEC. 537. CONFORMING AMENDMENTS. 

19 (a) UNITED STATES INTERNATIONAL BROAD20 CASTING ACT OF 1994.—The United States International 

21 Broadcasting Act of 1994 is amended as follows: 

22 (1) Section 308 (22 U.S.C. 6207) is amended—

23 (A) in subsection (a)—

24 (i) by striking ‘‘The Board’’ and in25 serting ‘‘The Agency’’; and 
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1 (ii) in paragraph (1) by striking 

2 ‘‘Broadcasting Board of Governors’’ and 

3 inserting ‘‘Board Governors of the Inter4 national Broadcasting Agency’’; 

5 (B) in subsection (b)—

6 (i) by striking paragraph (2); 

7 (ii) by striking ‘‘(1)’’; and 

8 (iii) by striking ‘‘Board’’ both places 

9 it appears and inserting ‘‘Agency’’; 

10 (C) in subsections (c), (d), (g), (h), and (i) 

11 by striking ‘‘Board’’ each place it appears and 

12 inserting ‘‘Agency’’; 

13 (D) in subsection (g)(4) by striking ‘‘Inter14 national Broadcasting Bureau’’ and inserting 

15 ‘‘Agency’’; and 

16 (E) in subsections (i) and (j) by striking 

17 ‘‘and the Foreign Service’’ each place it ap18 pears. 

19 (2) Section 309 (22 U.S.C. 6208) is amended—

20 (A) in subsection (c)(1) by striking 

21 ‘‘Board’’ both places it appears and inserting 

22 ‘‘Agency’’; 

23 (B) by striking subsection (e); 
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1 (C) in subsections (f) and (g) by striking 

2 ‘‘Board’’ each place it appears and inserting 

3 ‘‘Agency’’; and 

4 (D) in subsection (g) by striking ‘‘Chair5 man of the Board’’ and inserting ‘‘Agency’’. 

6 (3) By striking section 311 (22 U.S.C. 6210). 

7 (4) In section 313 (22 U.S.C. 6212) by striking 

8 ‘‘Board’’ and inserting ‘‘Agency’’. 

9 (5) In section 314 (22 U.S.C. 6213) by striking 

10 paragraph (2). 

11 (6) By striking section 315. 

12 (b) CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY

13 (LIBERTAD) ACT OF 1996.—Section 107 of the Cuban 

14 Liberty and Democratic Solidarity (LIBERTAD) Act of 

15 1996 (22 U.S.C. 6037) is amended in subsections (a) and 

16 (b) by striking ‘‘International Broadcasting Bureau’’ each 

17 place it appears and inserting ‘‘United States Inter18 national Broadcasting Agency’’. 

19 (c) RADIO BROADCASTING TO CUBA ACT.—The 

20 Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.) 

21 is amended as follows: 

22 (1) In section 3 (22 U.S.C. 1465a) as follows: 

23 (A) In the section heading by striking 

24 ‘‘BROADCASTING BOARD OF GOV25 ERNORS’’ and inserting ‘‘UNITED STATES 
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1 INTERNATIONAL BROADCASTING 

2 AGENCY’’. 

3 (B) In subsection (a) by striking ‘‘the 

4 ‘Board’)’’ and inserting ‘‘the ‘Agency’)’’. 

5 (C) In subsections (a), (d), and (f) by 

6 striking ‘‘Broadcasting Board of Governors’’ 

7 and inserting ‘‘United States International 

8 Broadcasting Agency’’. 

9 (2) In section 4 (22 U.S.C. 1465b) as follows: 

10 (A) In the first sentence by striking ‘‘The’’ 

11 and all that follows through ‘‘Bureau’’ and in12 serting: ‘‘The Board of Governors of the United 

13 States International Broadcasting Agency shall 

14 establish within the Agency’’. 

15 (B) In the third sentence by striking 

16 ‘‘Broadcasting Board of Governors’’ and insert17 ing ‘‘Board of Governors of the United States 

18 International Broadcasting Agency’’. 

19 (C) In the fourth sentence by striking 

20 ‘‘Board of the International Broadcasting Bu21 reau’’ and inserting ‘‘Board of Governors of the 

22 United States International Broadcasting Agen23 cy’’. 

24 (3) In section 5 (22 U.S.C. 1465c) as follows: 
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1 (A) In subsection (b) by striking ‘‘Broad2 casting Board of Governors’’ and inserting 

3 ‘‘Board of Governors of the United States 

4 International Broadcasting Agency’’. 

5 (B) By striking ‘‘Board’’ each place it ap6 pears and inserting ‘‘Advisory Board’’. 

7 (4) In section 6 (22 U.S.C. 1465d) as follows: 

8 (A) In subsection (a) by striking ‘‘Broad9 casting Board of Governors’’ and inserting 

10 ‘‘United States International Broadcasting 

11 Agency’’ and by striking ‘‘Board’’ and inserting 

12 ‘‘Board of Directors of the United States Inter13 national Broadcasting Agency’’. 

14 (B) In subsection (b) by striking ‘‘Board’’ 

15 and inserting ‘‘United States International 

16 Broadcasting Agency’’. 

17 (5) In section 7 (22 U.S.C. 1465e) by striking 

18 ‘‘Board’’ in subsections (b) and (d) and inserting 

19 ‘‘United States International Broadcasting Agency’’. 

20 (6) In section 8(a) (22 U.S.C. 1465f(a)), by 

21 striking ‘‘Broadcasting Board of Governors’’ and in22 serting ‘‘United States International Broadcasting 

23 Agency’’. 
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1 (d) TELEVISION BROADCASTING TO CUBA ACT.—

2 The Television Broadcasting to Cuba Act (22 U.S.C. 

3 1465aa note) is amended as follows: 

4 (1) Section 243(a) (22 U.S.C. 1465bb) is 

5 amended by striking ‘‘Broadcasting Board of Gov6 ernors’’ and inserting ‘‘United States International 

7 Broadcasting Agency’’. 

8 (2) Section 244 (22 U.S.C. 1465cc) is amended 

9 as follows: 

10 (A) In subsection (a) by amending the 

11 third sentence to read as follows: ‘‘The Board 

12 of Governors of the United States International 

13 Broadcasting Agency shall appoint a head of 

14 the Service who shall report directly to the 

15 Board of Governors.’’. 

16 (B) In subsection (b) by striking ‘‘Board’’ 

17 and inserting ‘‘United States International 

18 Broadcasting Agency’’. 

19 (C) In subsection (c) by striking ‘‘The 

20 Board’’ and inserting ‘‘The Agency’’ and by 

21 striking ‘‘Board determines’’ and inserting 

22 ‘‘Board of Governors of the United States 

23 International Broadcasting Agency deter24 mines’’. 
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1 (3) In section 246 (22 U.S.C. 1465dd) by strik2 ing ‘‘United States Information Agency’’ and insert3 ing ‘‘United States International Broadcasting 

4 Agency’’ and by striking ‘‘Board’’ and inserting 

5 ‘‘Board of Governors of the United States Inter6 national Broadcasting Agency’’. 

7 (e) UNITED STATES INFORMATION AND EDU8 CATIONAL EXCHANGE ACT OF 1948.—The United States 

9 Information and Educational Exchange Act of 1948 (22 

10 U.S.C. 1431 et seq.) is amended—

11 (1) in section 505 (22 U.S.C. 1464a), by strik12 ing ‘‘Broadcasting Board of Governors’’ each place 

13 it appears and inserting ‘‘United States Inter14 national Broadcasting Agency’’; and 

15 (2) in section 506(c) (22 U.S.C. 1464b(c))—

16 (A) by striking ‘‘Broadcasting Board of 

17 Governors’’ and inserting ‘‘United States Inter18 national Broadcasting Agency’’; and 

19 (B) by striking ‘‘Board’’ and inserting 

20 ‘‘Agency’’. 

21 (f) FOREIGN SERVICE ACT OF 1980.—The Foreign 

22 Service Act of 1980 (22 U.S.C. 3901 et seq.) is amend23 ed—

24 (1) in section 202(a)(1) (22 U.S.C. 

25 3922(a)(1)), by striking ‘‘Broadcasting Board of 
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1 Governors’’ and inserting ‘‘United States Inter2 national Broadcasting Agency’’; 

3 (2) in section 210 (22 U.S.C. 3930), by striking 

4 ‘‘Broadcasting Board of Governors’’ and inserting 

5 ‘‘United States International Broadcasting Agency’’; 

6 (3) in section 1003(a) (22 U.S.C. 4103(a)), by 

7 striking ‘‘Broadcasting Board of Governors’’ and in8 serting ‘‘United States International Broadcasting 

9 Agency’’; and 

10 (4) in section 1101(c) (22 U.S.C. 4131(c)), by 

11 striking ‘‘Broadcasting Board of Governors,’’ and in12 serting ‘‘the United States International Broad13 casting Agency,’’. 

14 (g) STATE DEPARTMENT BASIC AUTHORITIES ACT

15 OF 1956.—The State Department Basic Authorities Act 

16 of 1956 (22 U.S.C. 2651a et seq.) is amended—

17 (1) in section 23(a) (22 U.S.C. 2695(a)), by 

18 striking ‘‘Broadcasting Board of Governors,’’ and in19 serting ‘‘United States International Broadcasting 

20 Agency,’’; 

21 (2) in section 25(f) (22 U.S.C. 2697(f))—

22 (A) by striking ‘‘Broadcasting Board of 

23 Governors’’ and inserting ‘‘United States Inter24 national Broadcasting Agency’’; and 
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1 (B) by striking ‘‘the Board and the Agen2 cy’’ and inserting ‘‘their respective agencies’’; 

3 (3) in section 26(b) (22 U.S.C. 2698(b))—

4 (A) by striking ‘Broadcasting Board of 

5 Governors,’’ and inserting ‘‘United States Inter6 national Broadcasting Agency’’; and 

7 (B) by striking ‘‘the Board and the Agen8 cy’’ and inserting ‘‘their respective agencies’’; 

9 and 

10 (4) in section 32 (22 U.S.C. 2704), by striking 

11 ‘‘Broadcasting Board of Governors’’ and inserting 

12 ‘‘United States International Broadcasting Agency’’. 

13 (h) TITLE 5, UNITED STATES CODE.—

14 (1) Section 5314 of title 5, United States Code, 

15 is amended by adding at the end the following: ‘‘Ex16 ecutive Director, United States International Broad17 casting Agency.’’. 

18 (2) Section 5315 of title 5, United States Code, 

19 is amended by striking ‘‘Director of the Inter20 national Broadcasting Bureau.’’. 

21 SEC. 538. REFERENCES. 

22 Except as otherwise provided in this subtitle or an 

23 amendment made by this subtitle, any reference in any 

24 statute, reorganization plan, Executive order, regulation, 

25 agreement, determination, or other official document or 
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1 proceeding to the Broadcasting Board of Governors and 

2 the International Broadcasting Bureau or any other offi3 cer or employee of the Broadcasting Board of Governors 

4 or the International Broadcasting Bureau shall be deemed 

5 to refer to the United States International Broadcasting 

6 Agency or the Board of Governors of the United States 

7 International Broadcasting Agency established under this 

8 subtitle. 

9 SEC. 539. BROADCASTING STANDARDS. 

10 Section 303(a) of the United States International 

11 Broadcasting Act of 1994 (22 U.S.C. 6202(a)) is amend12 ed—

13 (1) in paragraph (6) by striking ‘‘and’’; 

14 (2) in paragraph (8) by striking the period and 

15 inserting ‘‘; and’’; and 

16 (3) by adding after paragraph (8) the following 

17 new paragraph: 

18 ‘‘(9) seek to ensure that resources are allocated 

19 to broadcasts directed at people whose governments 

20 deny freedom of expression or who are otherwise in 

21 special need of honest and professional broadcasting, 

22 commensurate with the need for such broadcasts.’’. 

23 SEC. 540. EFFECTIVE DATE. 

24 Except as otherwise provided, this subtitle and the 

25 amendments made by this subtitle shall take effect on the 
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1 last day of the 6-month period beginning on the date of 

2 the enactment of this Act.

3 TITLE VI—INTERNATIONAL 

4 FREE MEDIA ACT OF 2003

5 SEC. 601. SHORT TITLE. 

6 This title may be cited as the ‘‘International Free 

7 Media Act of 2003’’. 

8 SEC. 602. DEFINITIONS. 

9 In this title, the term ‘‘free media’’ means individuals 

10 or organizations engaged in the gathering and distribution 

11 of news and information free of direct or indirect govern12 mental control. 

13 SEC. 603. FINDINGS. 

14 The Congress makes the following findings: 

15 (1) Freedom of speech and freedom of the press 

16 are fundamental human rights enshrined in inter17 national law. 

18 (2) The United States has a national interest in 

19 promoting these freedoms by supporting free media 

20 abroad, which is essential to the development of free 

21 and democratic societies consistent with our own. 

22 (3) Free media is undermined, endangered, or 

23 nonexistent in many repressive and transitional soci24 eties around the world, including in Eurasia, Africa, 

25 and the Middle East. 
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1 (4) Free media is suppressed by foreign govern2 ments by a variety of means, including state censor3 ship, legal restriction, financial pressure, and phys4 ical intimidation. 

5 (5) Unprofessional and unethical media that 

6 violate widely accepted standards of professional 

7 journalism and editorial practice compromises the 

8 ability of a free media to contribute to open, fair, 

9 and constructive democratic debate. 

10 (6) Unprofessional and unethical media in11 cludes media that violate the standards set in the 

12 International Covenant on Civil and Political Rights, 

13 which includes article 20, section 2 of the Covenant 

14 which states that ‘‘Any advocacy of national, racial, 

15 or religious hatred that constitutes incitement to dis16 crimination, hostility, or violence shall be prohibited 

17 by law.’’. 

18 (7) Individuals lacking access to a plurality of 

19 free media are vulnerable to misinformation and 

20 propaganda and are potentially more likely to adopt 

21 anti-American views. 

22 (8) Foreign governments have a responsibility 

23 to actively and publicly discourage and rebut unpro24 fessional and unethical media while respecting jour25 nalistic integrity and editorial independence. 
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1 (9) Past and continuing United States Govern2 ment efforts to promote free media through training 

3 and technical support have advanced United States 

4 national interests by contributing to the promotion 

5 of human rights and democracy worldwide. 

6 (10) Support for free media must be an integral 

7 part of United States foreign policy, including public 

8 diplomacy and United States international broad9 casting, and should be coordinated across govern10 ment agencies and with international, bilateral, and 

11 private donor organizations toward achieving the 

12 shared goal of developing professional, ethical, diver13 sified, sustainable, independent, indigenous media 

14 worldwide. 

15 SEC. 604. STATEMENTS OF POLICY. 

16 It shall be the policy of the United States, acting 

17 through the Secretary of State, to—

18 (1) make the promotion of press freedoms and 

19 free media worldwide a priority of United States for20 eign policy and an integral component of United 

21 States public diplomacy; 

22 (2) respect the journalistic integrity and edi23 torial independence of free media worldwide; and 
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1 (3) use widely accepted standards for profes2 sional and ethical journalistic and editorial practices 

3 in assessing international media. 

4 SEC. 605. COORDINATOR FOR INTERNATIONAL FREE 

5 MEDIA. 

6 (a) ESTABLISHMENT.—There is established within 

7 the Department of State a Coordinator for International 

8 Free Media (in this section referred to as the ‘‘Coordi9 nator’’). At the discretion of the President another official 

10 at the Department of State may serve as the Coordinator. 

11 (b) APPOINTMENT OF COORDINATOR.—The Coordi12 nator shall be appointed by the President, by and with 

13 the advice and consent of the Senate. 

14 (c) DUTIES.—The principal duties of the Coordinator 

15 shall be the promotion of international press freedoms and 

16 free media by—

17 (1) coordinating United States government poli18 cies, programs, and projects concerning international 

19 press freedoms and free media; 

20 (2) monitoring and assessing the status of free 

21 media worldwide in consultation with appropriate 

22 agencies of the United States Government and na23 tional and international organizations; 
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1 (3) promoting widely accepted standards of pro2 fessional and ethical journalism and editorial prac3 tices; 

4 (4) discouraging media from advocating na5 tional, racial, or religious hatred that constitutes in6 citement to discrimination, hostility, or violence con7 sistent with article 20, section 2 of the International 

8 Covenant on Civil and Political Rights; 

9 (5) promoting the journalistic integrity and edi10 torial independence of free media worldwide; 

11 (6) advising the President and the Secretary of 

12 State regarding matters of international press free13 doms and free media; 

14 (7) representing the United States in matters 

15 and cases relevant to international press freedoms 

16 and free media; 

17 (8) assisting the Secretary of State in preparing 

18 the portions of the Department of State country re19 ports on human rights that relate to international 

20 press freedoms and free media; 

21 (9) consulting with the Broadcasting Board of 

22 Governors and the United States Agency for Inter23 national Development for the purpose of promoting 

24 free media through training of international journal25 ists, producers, editors, and media managers; and 
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1 (10) administering the International Free 

2 Media Fund (established in section 607) in consulta3 tion with the United States Advisory Commission on 

4 Public Diplomacy and International Media. 

5 (d) ASSESSMENT FACTORS.—In making an assess6 ment of media within individual countries pursuant to sub7 section (c)(2), the Coordinator shall take into account—

8 (1) the number and diversity of media; 

9 (2) access to and consumption of media by pop10 ulations; 

11 (3) the extent of direct or indirect government 

12 ownership, control, or censorship of media outlets; 

13 (4) the financial viability and profitability of 

14 free media; 

15 (5) the extent to which journalists, editors, and 

16 media managers adhere to widely accepted standards 

17 for professional and ethical journalism; 

18 (6) domestic laws addressing press freedoms; 

19 (7) instances in which the media have incited 

20 discrimination, hostility, or violence consistent with 

21 article 20, section 2 of the International Covenant 

22 on Civil and Political Rights; 

23 (8) physical threats, intimidation or inappro24 priate pressure by government on free media; 
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1 (9) the number of journalists, editors, pro2 ducers, and media managers receiving training from 

3 programs of the Department of State, the Broad4 casting Board of Governors, grantees of the United 

5 States Agency for International Development, or 

6 other organizations qualified to provide such train7 ing; and 

8 (10) the activity of local and international non9 governmental organizations promoting press free10 doms and free media and obstacles to their activity. 

11 (e) CONSULTATION REQUIREMENT.—The Coordi12 nator shall consult with United States public affairs offi13 cers and other United States foreign mission personnel di14 rectly engaged in interacting with indigenous media in car15 rying out the duties specified in subsection (c). 

16 (f) FUNDING.—The Secretary of State shall ensure 

17 that the Coordinator has adequate staff and funding for 

18 the conduct of investigations, the administration of the 

19 International Free Media Fund, necessary travel, and oth20 ers activities necessary to carry out the provisions of this 

21 section. 
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1 SEC. 606. UNITED STATES ADVISORY COMMISSION ON PUB2 LIC DIPLOMACY AND INTERNATIONAL 

3 MEDIA. 

4 (a) ESTABLISHMENT.—Section 604(a)(1) of the 

5 United States Information and Educational Exchange Act 

6 of 1948 (22 U.S.C. 1469) is amended to read as follows: 

7 ‘‘(1) There is established an advisory commis8 sion to be known as the United States Advisory 

9 Commission on Public Diplomacy and International 

10 Media.’’. 

11 (b) DUTIES AND RESPONSIBILITIES.—Section 604(c) 

12 of the United States Information and Exchange Act of 

13 1948 (22 U.S.C. 1469) is amended by adding at the end 

14 the following: 

15 ‘‘(5) The Commission shall—

16 ‘‘(A) advise the Coordinator for Inter17 national Free Media on issues relating to the 

18 promotion of international press freedoms and 

19 free media; 

20 ‘‘(B) assist the Coordinator for Inter21 national Free Media in monitoring and assess22 ing the status of free media worldwide; 

23 ‘‘(C) consult with the Coordinator on the 

24 administration of the International Free Media 

25 Fund; and 
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1 ‘‘(D) make policy recommendations to the 

2 President, the Secretary of State, and Congress 

3 with respect to matters involving international 

4 press freedoms and free media.’’. 

5 (c) REFERENCES.—Except as otherwise provided in 

6 this section or an amendment made by this section, any 

7 reference in any statute, reorganization plan, Executive 

8 order, regulation, agreement, determination, or other offi9 cial document or proceeding to the United States Advisory 

10 Commission on Public Diplomacy or any other officer or 

11 employee of the United States Advisory Commission on 

12 Public Diplomacy shall be deemed to refer to the United 

13 States Advisory Commission on Public Diplomacy and 

14 International Media established under this section. 

15 SEC. 607. INTERNATIONAL FREE MEDIA FUND. 

16 (a) ESTABLISHMENT.—There is established an Inter17 national Free Media Fund (in this section referred to as 

18 the ‘‘Fund’’) at the Department of State. 

19 (b) PURPOSES.—The purposes of the Fund shall 

20 be—

21 (1) to promote the development of free and 

22 independent media worldwide which adhere to widely 

23 accepted standards of professional and ethical jour24 nalism and editorial practice; and 
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1 (2) to complement current efforts by the De2 partment of State, the United States Agency for 

3 International Development, the Broadcasting Board 

4 of Governors, and other agencies of the United 

5 States Government to support free and independent 

6 media worldwide. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi8 tion to amounts otherwise authorized to be appropriated 

9 to carry out the purposes specified in subsection (b), there 

10 is authorized to be appropriated to the Fund $15,000,000 

11 for fiscal year 2004. Such amounts are authorized to re12 main available until expended. 

13 (d) NONAPPLICABILITY OF OTHER LAWS.—Notwith14 standing any other provision of law, funds appropriated 

15 pursuant to subsection (c) may be used for the purposes 

16 of this section. 

17 (e) ADMINISTRATION.—

18 (1) The Fund shall be administered by the Co19 ordinator in consultation with the Commission. 

20 (2) Activities and assistance financed through 

21 the Fund may be carried out through grants, con22 tracts, technical assistance, and material support. 

23 (f) ELIGIBLE ORGANIZATIONS, PROGRAMS, AND

24 PROJECTS.—Amounts in the Fund may be used to carry 

25 out activities and provide assistance only for organiza-
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1 tions, programs, and projects consistent with the purposes 

2 set forth in subsection (b). 

3 (g) PROHIBITIONS.—Amounts in the Fund shall not 

4 be used to carry out activities or provide assistance to or5 ganizations, programs, or projects which advocate na6 tional, racial, or religious hatred that incites discrimina7 tion, hostility, or violence consistent with article 20, sec8 tion 2 of the International Covenant on Civil and Political 

9 Rights. 

10 (h) ASSISTANCE CRITERIA.—In administering the 

11 Fund, the Coordinator shall take into account—

12 (1) the importance of providing assistance to 

13 organizations, programs, and projects based on their 

14 proven or potential contribution to the development 

15 of a free media environment worldwide; 

16 (2) the importance of enabling free media to be17 come commercially viable and financially inde18 pendent in the long term; and 

19 (3) the importance of providing media per20 sonnel whose organizations, programs, or projects 

21 receive assistance under this section for training in 

22 professional and ethical journalism, editorial prac23 tices, and media management by the Department of 

24 State, the Broadcasting Board of Governors, United 

25 States Agency for International Development grant-
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1 ees, or other organizations qualified to provide such 

2 training. 

3 (i) ANNUAL REPORTS.—Not later than January 31, 

4 of 2005 and in each subsequent year, the Coordinator 

5 shall publish an annual report on the activities of the 

6 Fund, which shall include a comprehensive and detailed 

7 description of the operations, activities, financial condi8 tion, and accomplishments under this section for the pre9 ceding fiscal year. The reports shall also include an assess10 ment of whether the Fund should also provide loans and 

11 guarantees as an additional means to carry out the pur12 poses of this title. 

13 (j) CONSULTATION REQUIREMENTS.—

14 (1) The Coordinator shall consult with the 

15 State Department official primarily responsible for 

16 developing and implementing United States policy 

17 with respect to a country prior to carrying out ac18 tivities or providing assistance for such country 

19 through the Fund. 

20 (2) Amounts in the Fund shall be used to carry 

21 out activities or provide assistance on the basis of 

22 consultations among all relevant United States Gov23 ernment agencies operating in the country and with 

24 the approval of the chief of mission. 
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1 SEC. 608. FREE MEDIA PROMOTION ACTIVITY OF THE 

2 BROADCASTING BOARD OF GOVERNORS. 

3 (a) IN GENERAL.—The Broadcasting Board of Gov4 ernors shall make support for indigenous free media an 

5 integral part of its mission. 

6 (b) AFFILIATES.—The Broadcasting Board of Gov7 ernors shall submit a report to the appropriate congres8 sional committees on the prospects and strategy for culti9 vating affiliate relationships with free media in countries 

10 targeted for United States international broadcasting. 

11 (c) TRAINING.—The Broadcasting Board of Gov12 ernors shall enhance foreign journalist training programs 

13 in coordination with existing training programs adminis14 tered by the Department of State and the United States 

15 Agency for International Development. 

16 (d) AUTHORIZATION FOR APPROPRIATIONS.—In ad17 dition to amounts otherwise authorized to be appropriated, 

18 there is authorized to be appropriated $2,500,000 for the 

19 fiscal year 2004 and $2,500,000 for the fiscal year 2005 

20 to support free media in countries in which the Broad21 casting Board of Governors is decreasing or discontinuing 

22 United States international broadcasting activity. 
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1 TITLE VII—MISCELLANEOUS 

2 PROVISIONS 

3 Subtitle A—Reporting 

4 Requirements 

5 SEC. 701. REPORTS ON BENCHMARKS FOR BOSNIA. 

6 (a) Section 7 of the 1998 Supplemental Appropria7 tions and Rescissions Act (Public Law 105–174, 112 Stat. 

8 64) is amended—

9 (1) at the end of paragraph (1) by striking ‘‘; 

10 and’’ and inserting a period; 

11 (2) by striking ‘‘Congress’’ and all that follows 

12 through ‘‘not later’’ and inserting ‘‘Congress not 

13 later’’; and 

14 (3) by striking paragraph (2). 

15 (b) Section 1203 of the Strom Thurmond National 

16 Defense Authorization Act for Fiscal Year 1999 (Public 

17 Law 105–261) is repealed. 

18 SEC. 702. REPORTS TO COMMITTEE ON INTERNATIONAL 

19 RELATIONS. 

20 Notwithstanding any other provision of law, for the 

21 fiscal years 2004 and 2005, any report required by law 

22 or otherwise requested to be submitted by the Secretary 

23 of State or the Department of State to any committee of 

24 the Congress shall be submitted also to the Committee on 

25 International Relations of the House of Representatives.
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1 SEC. 703. 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. 704. 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. 705. 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. 706. 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. 707. 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 an third-party institutions for an immediate 

18 cease-fire between the LRA and the Ugandan Gov19 ernment, 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 Subtitle B—Other Matters 

11 SEC. 721. SENSE OF CONGRESS RELATING TO EAST TIMOR, 

12 JUSTICE, AND REHABILITATION. 

13 The Congress—

14 (1) recalls that the United Nations Inter15 national Commission of Inquiry concluded in Janu16 ary 2000 that ‘‘the Indonesian Army was responsible 

17 for the intimidation, terror, killings and other acts 

18 of violence’’ during East Timor’s vote for independ19 ence in 1999; 

20 (2) reiterates that justice for crimes against hu21 manity and war crimes committed in East Timor 

22 during the vote for independence in 1999 is crucial 

23 for peace, reconciliation, and the ongoing nation24 building process in East Timor and Indonesia; 
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1 (3) finds that the ad hoc Human Rights Court 

2 on East Timor established by the Indonesian Gov3 ernment in 2001 has inadequately brought to justice 

4 the perpetrators of these crimes as eleven of four5 teen defendants have been acquitted as a result of 

6 poor indictments and the absence of an adequate 

7 witness protection program, and four of the five sen8 tences imposed have been less than the minimum al9 lowed under the Indonesian Human Rights Law; 

10 (4) supports the work of the Joint United Na11 tions-East Timor Serious Crimes Unit (SCU), which 

12 filed indictments against high-ranking Indonesian 

13 officers who were allegedly involved in the crimes, 

14 including Gen. Wiranto, Maj. Gen. Kiki Syahnakri, 

15 Maj. Gen. Zacky Anwar Makarim, Maj. Gen. Adam 

16 Damiri, Col. Suratman, Col. Noer Muis, Col. Yayat 

17 Sudrajat and former Governor Abilio Soares, and ex18 presses its strong disappointment that the Indo19 nesian Government has stated its intention to ignore 

20 the indictments; 

21 (5) calls on the State Department and the 

22 United States Mission to the United Nations to push 

23 for a comprehensive United Nations review of the 

24 Indonesian ad hoc Human Rights Court on East 

25 Timor, including a review of the conduct of trials, 
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1 the indictment strategy by the prosecutors and its 

2 adherence to the international standards, and urges 

3 the State Department to consider alternative mecha4 nisms of justice for East Timor, including the estab5 lishment of an ad hoc international tribunal; and 

6 (6) urges the Indonesian Government to fully 

7 cooperate with the joint United Nations-East Timor 

8 Serious Crimes Unit (SCU) and encourages the 

9 United States to urge the Indonesian Government to 

10 fully cooperate with the SCU. 

11 SEC. 722. SENSE OF CONGRESS CONCERNING HUMAN 

12 RIGHTS AND JUSTICE IN INDONESIA. 

13 The Congress—

14 (1) notes with grave concern that members of 

15 the Indonesian security forces, particularly the Army 

16 Special Forces (Kopassus) and the Police Mobile 

17 Brigade (Brimob), continue to commit many serious 

18 human rights violations, including extrajudicial 

19 killings, torture, rape, and arbitrary detention, par20 ticularly in areas of conflict such as Aceh, Papua, 

21 the Moluccas, and Central Sulawesi; 

22 (2) notes with grave concern that the Govern23 ment of Indonesia largely fails to hold soldiers and 

24 police accountable for extrajudicial killings and other 

25 serious human rights abuses, both past and present; 
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1 (3) condemns the intimidation and harassment 

2 of human rights and civil society organizations and 

3 activists by members of Indonesian security forces 

4 and by military-backed militia groups, particularly in 

5 Aceh and Papua; 

6 (4) notes with concern the Indonesian military’s 

7 resistance to civilian control and oversight, its lack 

8 of budgetary transparency, and its continuing em9 phasis on internal security within Indonesia; 

10 (5) urges the Indonesian government and mili11 tary to provide full, active, and unfettered coopera12 tion with the investigation of the Federal Bureau of 

13 Investigation of the United States Department of 

14 Justice into the August 31, 2002 attack near 

15 Timika, Papua, which killed three people (including 

16 two Americans, Rick Spier and Ted Burgon), and 

17 injured 12 others, and which appears likely to have 

18 been perpetrated at least in part by members of the 

19 Indonesian military; 

20 (6) commends the December 2002 signing of 

21 the Framework Agreement on Cessation of Hos22 tilities in Aceh, but condemns the recent outbreaks 

23 of violence and militia activity that appear calculated 

24 to subvert that cease-fire agreement; 
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1 (7) notes with grave concern the continued de2 tention of Muhammad Nazar, and the fact that 

3 those responsible for the murders of other prominent 

4 members of civil society in Aceh, such as Jafar 

5 Siddiq Hamzah, Sukardi, Sulaiman Ahmad, Tengku 

6 Safwan Idris, Nashiruddin Daud, and Zaini 

7 Sulaiman, still have not been apprehended, pros8 ecuted, or punished; 

9 (8) commends the ‘‘Zone of Peace’’ initiative in 

10 Papua, which has brought together civic, religious, 

11 governmental, and police representatives to discuss 

12 productive means of avoiding conflict, but expresses 

13 concern at the refusal of the Indonesian military to 

14 participate in that effort; and 

15 (9) encourages the Government of Indonesia to 

16 expedite the reunification of separated East Timor17 ese children with their families, and to hold legally 

18 accountable those individuals and organizations re19 sponsible for taking those children and for obstruct20 ing reunification efforts. 

21 SEC. 723. AMENDMENT TO THE INTERNATIONAL RELI22 GIOUS FREEDOM ACT OF 1998. 

23 Section 207(a) of the International Religious Free24 dom Act of 1998 (22 U.S.C. 6435(a)) is amended by in-
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1 serting ‘‘and for each subsequent fiscal year’’ after 

2 ‘‘2003’’.

3 SEC. 724. SENSE OF CONGRESS WITH RESPECT TO HUMAN 

4 RIGHTS IN CENTRAL ASIA. 

5 (a) FINDINGS.—The Congress makes the following 

6 findings: 

7 (1) The Central Asian nations of Kazakhstan, 

8 Kyrgyzstan, Tajikistan, Turkmenistan, and 

9 Uzbekistan are providing the United States with as10 sistance in the war in Afghanistan, from military 

11 basing and overflight rights to the facilitation of hu12 manitarian relief. 

13 (2) In turn, the United States victory over the 

14 Taliban in Afghanistan provides important benefits 

15 to the Central Asian nations by removing a regime 

16 that threatened their security and by significantly 

17 weakening the Islamic Movement of Uzbekistan, a 

18 terrorist organization that had previously staged 

19 armed raids from Afghanistan into the region. 

20 (3) The United States has consistently urged 

21 the nations of Central Asia to open their political 

22 systems and economies and to respect human rights, 

23 both before and since the attacks of September 11, 

24 2001. 
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1 (4) Kazakhstan, Kyrgyzstan, Tajikistan, 

2 Turkmenistan, and Uzbekistan are members of the 

3 United Nations and the Organization for Security 

4 and Cooperation in Europe (OSCE), both of which 

5 confer a range of obligations with respect to human 

6 rights on their members. 

7 (5) While the United States recognizes marked 

8 differences among the social structures and commit9 ments to democratic and economic reform of the 

10 Central Asian nations, the United States notes nev11 ertheless, according to the State Department Coun12 try Reports on Human Rights Practices, that all five 

13 governments of such nations, to differing degrees, 

14 restrict freedom of speech and association, restrict 

15 or ban the activities of human rights organizations 

16 and other nongovernmental organizations, harass or 

17 prohibit independent media, imprison political oppo18 nents, practice arbitrary detention and arrest, and 

19 engage in torture and extrajudicial executions. 

20 (6) By continuing to suppress human rights 

21 and to deny citizens peaceful, democratic means of 

22 expressing their convictions, the nations of Central 

23 Asia risk fueling popular support for violent and ex24 tremist movements, thus undermining the goals of 

25 the war on terrorism. 
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1 (7) President George W. Bush has made the 

2 defense of human dignity, the rule of law, limits on 

3 the power of the state, respect for women and pri4 vate property, free speech, equal justice, religious 

5 tolerance strategic goals of United States foreign 

6 policy in the Islamic world, arguing that ‘‘a truly 

7 strong nation will permit legal avenues of dissent for 

8 all groups that pursue their aspirations without vio9 lence’’. 

10 (8) Congress has expressed its desire to see 

11 deeper reform in Central Asia in past resolutions 

12 and other legislation, most recently conditioning as13 sistance to Uzbekistan and Kazakhstan on their 

14 progress in meeting commitments to the United 

15 States on human rights and democracy. 

16 (b) SENSE OF CONGRESS.—It is the sense of the 

17 Congress that—

18 (1) the governments of Kazakhstan, 

19 Kyrgyzstan, Tajikistan, Turkmenistan, and 

20 Uzbekistan should accelerate democratic reforms 

21 and fulfill their human rights obligations, including, 

22 where appropriate, by—

23 (A) releasing from prison anyone jailed for 

24 peaceful political activism or the nonviolent ex25 pression of their political or religious beliefs; 
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1 (B) fully investigating any credible allega2 tions of torture and prosecuting those respon3 sible; 

4 (C) permitting the free and unfettered 

5 functioning of independent media outlets, inde6 pendent political parties, and nongovernmental 

7 organizations, including by easing registration 

8 processes; 

9 (D) permitting the free exercise of reli10 gious beliefs and ceasing the persecution of 

11 members of religious groups and denominations 

12 that do not engage in violence or political 

13 change through violence; 

14 (E) holding free, competitive, and fair elec15 tions; and 

16 (F) making publicly available documenta17 tion of their revenues and punishing those en18 gaged in official corruption; 

19 (2) the President, the Secretary of State, and 

20 the Secretary of Defense should—

21 (A) continue to raise at the highest levels 

22 with the governments of the nations of Central 

23 Asia specific cases of political and religious per24 secution, and to urge greater respect for human 
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1 rights and democratic freedoms at every diplo2 matic opportunity; 

3 (B) take progress in meeting the goals 

4 specified in paragraph (1) into account when 

5 determining the scope and nature of United 

6 States diplomatic and military relations and as7 sistance with each of such governments; 

8 (C) ensure that the provisions of foreign 

9 operations appropriations Acts are fully imple10 mented to ensure that no United States assist11 ance benefits security forces in Central Asia 

12 that are implicated in violations of human 

13 rights; 

14 (D) press the Government of 

15 Turkmenistan to implement the helpful rec16 ommendations contained in the 2003 resolution 

17 on Turkmenistan of the United Nations Com18 mission on Human Rights and the so-called 

19 ‘‘Moscow Mechanism’’ Report of the Organiza20 tion for Security and Cooperation in Europe 

21 (OSCE), respect the right of all prisoners to 

22 due process and a fair trial and release demo23 cratic activists and their family members from 

24 prison; 
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1 (E) urge the Government of Russia not to 

2 extradite to Turkmenistan members of the po3 litical opposition of Turkmenistan; 

4 (F) work with the Government of 

5 Kazakhstan to create a political climate free of 

6 intimidation and harassment, including releas7 ing political prisoners and permitting the return 

8 of political exiles, and to reduce official corrup9 tion, including by urging the Government of 

10 Kazakhstan to cooperate with the ongoing 

11 United States Department of Justice investiga12 tion; 

13 (G) support through United States assist14 ance programs individuals, nongovernmental or15 ganizations, and media outlets in Central Asia 

16 working to build more open societies, to support 

17 the victims of human rights abuses, and to ex18 pose official corruption; and 

19 (H) press the Government of Uzbekistan 

20 to implement fully the recommendations made 

21 to the Government of Uzbekistan by the United 

22 Nations’ Special Rapporteur on Torture; and 

23 (3) increased levels of United States assistance 

24 to the governments of the nations of Central Asia 

25 made possible by their cooperation in the war in Af-
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1 ghanistan can be sustained only if there is substan2 tial and continuing progress toward meeting the 

3 goals specified in paragraph (1). 

4 SEC. 725. TECHNICAL CORRECTION TO AUTHORIZATION OF 

5 APPROPRIATIONS FOR FISCAL YEAR 2003 

6 FOR CENTER FOR CULTURAL AND TECH7 NICAL INTERCHANGE BETWEEN EAST AND 

8 WEST. 

9 Section 112(3) of the Foreign Relations Authoriza10 tion Act, Fiscal Year 2003 (116 Stat. 1358; Public Law 

11 107–228) is amended by striking ‘‘$15,000,000’’ and in12 serting ‘‘$18,000,000’’.

13 DIVISION B—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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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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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 Subtitle C—Assistance for Select 

4 Countries 

5 SEC. 1321. ASSISTANCE FOR ISRAEL. 

6 Section 513 of the Security Assistance Act of 2000 

7 (Public Law 106–280) is amended—

8 (1) in subsection (b)(1), by striking ‘‘2002 and 

9 2003’’ and inserting ‘‘2003 through 2005’’; 

10 (2) in subsection (c)(1), by striking ‘‘2002 and 

11 2003’’ and inserting ‘‘2003 through 2005’’; 

12 (3) in subsection (c)(3)—

13 (A) by striking ‘‘fiscal years 2002 and 

14 2003’’ and inserting ‘‘fiscal years 2004 and 

15 2005’’; 

16 (B) by striking ‘‘fiscal year 2002’’ and in17 serting ‘‘fiscal year 2004’’; and 

18 (C) by striking ‘‘fiscal year 2003, or’’ and 

19 inserting ‘‘fiscal year 2005, or’’; and 

20 (4) in subsection (c)(4)—

21 (A) by striking ‘‘2002 and 2003’’ and in22 serting ‘‘2003 through 2005’’; and 

23 (B) by striking ‘‘$535,000,000 for fiscal 

24 year 2002’’ and all that follows through ‘‘fiscal 

25 year 2003’’ and inserting ‘‘$550,000,000 for 
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1 fiscal year 2003, not less than $565,000,000 

2 for fiscal year 2004, and not less than 

3 $580,000,000 for fiscal year 2005’’. 

4 SEC. 1322. ASSISTANCE FOR EGYPT. 

5 Section 514 of the Security Assistance Act of 2000 

6 (Public Law 106–280) is amended—

7 (1) by striking ‘‘2002 and 2003’’ each place it 

8 appears and inserting ‘‘2003 through 2005’’; and 

9 (2) in subsection (e)—

10 (A) by striking ‘‘fiscal years 2002 and 

11 2003’’ and inserting ‘‘fiscal years 2004 and 

12 2005’’; 

13 (B) by striking ‘‘fiscal year 2002’’ and in14 serting ‘‘fiscal year 2004’’; and 

15 (C) by striking ‘‘fiscal year 2003, or’’ and 

16 inserting ‘‘fiscal year 2005, or’’. 

17 Subtitle D—International Narcotics 

18 Control Assistance 

19 SEC. 1331. ADDITIONAL AUTHORITIES RELATING TO INTER20 NATIONAL NARCOTICS CONTROL ASSIST21 ANCE. 

22 Notwithstanding any other provision of law, assist23 ance provided by the United States Government to sup24 port international efforts to combat aerial trafficking of 

25 illicit narcotics under chapter 8 of part I of the Foreign 
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1 Assistance Act of 1961 or under any other provision of 

2 law shall include the authority to interdict illicit arms in 

3 connection with the trafficking of illicit narcotics. 

4 SEC. 1332. UNITED STATES OPIUM ERADICATION PROGRAM 

5 IN COLOMBIA. 

6 Not later than 180 days after the date of the enact7 ment of this Act, the Secretary of State, acting through 

8 the Department of State’s Narcotics Affairs Section 

9 (NAS) in Bogota, Colombia, shall ensure that all pilots 

10 participating in the United States opium eradication pro11 gram in Colombia are Colombians and are fully trained, 

12 qualified, and experienced pilots, with preference provided 

13 to individuals who are members of the Colombian National 

14 Police. 

15 Subtitle E—Miscellaneous 

16 Provisions 

17 SEC. 1341. UNITED STATES WAR RESERVE STOCKPILES FOR 

18 ALLIES. 

19 Section 514(b)(2) of the Foreign Assistance Act of 

20 1961 (22 U.S.C. 2321h(b)(2)) is amended—

21 (1) in subparagraph (A), by striking ‘‘for fiscal 

22 year 2003’’ and inserting ‘‘for each of fiscal years 

23 2003 and 2004’’; and 
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1 (2) in subparagraph (B), by striking ‘‘for fiscal 

2 year 2003’’ and inserting ‘‘for each of fiscal years 

3 2003 and 2004’’. 

4 SEC. 1342. TRANSFER TO ISRAEL OF CERTAIN DEFENSE AR5 TICLES IN THE UNITED STATES WAR RE6 SERVE STOCKPILES FOR ALLIES. 

7 (a) AUTHORIZATION.—Notwithstanding section 514 

8 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), 

9 the President is authorized to transfer to Israel, in return 

10 for concessions to be negotiated by the Secretary of De11 fense, with the concurrence of the Secretary, defense arti12 cles, including armor, artillery, ammunition for automatic 

13 weapons, missiles, and other munitions that are—

14 (1) obsolete or surplus items; 

15 (2) in the inventory of the Department of De16 fense; 

17 (3) intended for use as reserve stocks in Israel; 

18 and 

19 (4) are located in a stockpile in Israel as of the 

20 date of enactment of this Act. 

21 (b) CONCESSIONS.—The value of concessions nego22 tiated pursuant to subsection (a) shall be at least equal 

23 to the fair market value of the items transferred. The con24 cessions may include cash compensation, services, waiver 
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1 of charges otherwise payable by the United States, and 

2 other items of value. 

3 (c) ADVANCE NOTIFICATION OF TRANSFER.—

4 (1) IN GENERAL.—Not less than 30 days before 

5 making a transfer under the authority of this sec6 tion, the President shall transmit a notification de7 scribing the items to be transferred to Israel and the 

8 concessions to be received by the United States to 

9 the congressional committees specified in paragraph 

10 (2). 

11 (2) CONGRESSIONAL COMMITTEES SPECI12 FIED.—The congressional committees referred to in 

13 paragraph (1) are—

14 (A) the Committee on International Rela15 tions and the Committee on Armed Services of 

16 the House of Representatives; and 

17 (B) the Committee on Foreign Relations 

18 and the Committee on Armed Services of the 

19 Senate. 

20 (d) EXPIRATION OF AUTHORITY.—No transfer may 

21 be made under the authority of this section following the 

22 expiration of the five-year period beginning on the date 

23 of enactment of this Act. 
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1 SEC. 1343. EXPANSION OF AUTHORITIES FOR LOAN OF MA2 TERIAL, SUPPLIES, AND EQUIPMENT FOR RE3 SEARCH AND DEVELOPMENT PURPOSES. 

4 Section 65 (22 U.S.C. 2796d) is amended—

5 (1) in subsection (a)(1), by inserting ‘‘or a 

6 friendly foreign country’’ after ‘‘ally’’ each place 

7 such term appears; and 

8 (2) in subsection (d) to read as follows: 

9 ‘‘(d) For purposes of this section—

10 ‘‘(1) the term ‘NATO ally’ means a member 

11 country of the North Atlantic Treaty Organization 

12 (other than the United States); and 

13 ‘‘(2) the term ‘friendly foreign country’ means 

14 any non-NATO member country determined by the 

15 President to be eligible for a cooperative project 

16 agreement with the United States pursuant to sec17 tion 27(j) of this Act.’’. 

18 SEC. 1344. ASSISTANCE FOR DEMINING AND RELATED AC19 TIVITIES. 

20 (a) ASSISTANCE.—The Secretary is authorized to 

21 provide grants to, or enter into contracts or cooperative 

22 agreements with, public-private partnerships for the pur23 pose of establishing and carrying out demining, clearance 

24 of unexploded ordnance, and related activities in foreign 

25 countries. 
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1 (b) LIMITATION.—Except as otherwise provided, the 

2 total amount provided on a grant basis to public-private 

3 partnerships under subsection (a) for a fiscal year may 

4 not exceed $450,000. 

5 (c) FUNDING.—Amounts made available to carry out 

6 ‘‘Nonproliferation, Anti-Terrorism, Demining, and Re7 lated Programs’’ for fiscal year 2004 are authorized to 

8 be made available to carry out this section. 

9 SEC. 1345. COOPERATIVE DEVELOPMENT PROGRAM. 

10 Of the amounts made available for development as11 sistance under the Foreign Assistance Act of 1961, not 

12 less than $2,000,000 for each of the fiscal years 2004 and 

13 2005 are authorized to be made available to finance 

14 projects among the United States, Israel, and developing 

15 countries in Africa under the Cooperative Development 

16 Program. 

17 SEC. 1346. WEST BANK AND GAZA PROGRAM. 

18 (a) OVERSIGHT.—For fiscal year 2004, the Secretary 

19 of State shall certify to the appropriate committees of 

20 Congress not later than 30 days prior to the initial obliga21 tion of funds for the West Bank and Gaza that procedures 

22 have been established to assure the Comptroller General 

23 will have access to appropriate United States financial in24 formation in order to review the use of United States as25 sistance for the West Bank and Gaza funded under chap-
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1 ter 4 of part II of the Foreign Assistance Act of 1961 

2 (‘‘Economic Support Fund’’). 

3 (b) VETTING.—Prior to any obligation of funds au4 thorized to be appropriated to carry out chapter 4 of part 

5 II of the Foreign Assistance Act of 1961 for assistance 

6 for the West Bank and Gaza, the Secretary of State shall 

7 take all appropriate steps to ensure that such assistance 

8 is not provided to or through any individual or entity that 

9 the Secretary knows, or has reason to believe, advocates, 

10 plans, sponsors, engages in, or has engaged in, terrorist 

11 activity. The Secretary of State shall, as appropriate, es12 tablish procedures specifying the steps to be taken in car13 rying out this subsection. 

14 (c) AUDITS.—

15 (1) IN GENERAL.—The Administrator of the 

16 United States Agency for International Development 

17 shall ensure that independent audits of all contrac18 tors and grantees, and significant subcontractors 

19 and subgrantees, under the West Bank and Gaza 

20 Program, are conducted at least on an annual basis 

21 to ensure, among other things, compliance with this 

22 section. 

23 (2) AUDITS BY INSPECTOR GENERAL OF

24 USAID.—Of the funds authorized to be appropriated 

25 by this Act to carry out chapter 4 of part II of the 
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1 Foreign Assistance Act of 1961 that are made avail2 able for assistance for the West Bank and Gaza, up 

3 to $1,000,000 may be used by the Office of the In4 spector General of the United States Agency for 

5 International Development for audits, inspections, 

6 and other activities in furtherance of the require7 ments of paragraph (1). Such funds are in addition 

8 to funds otherwise available for such purposes. 

9 SEC. 1347. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON 

10 INCITEMENT TO ACTS OF DISCRIMINATION. 

11 (a) COUNTRIES RECEIVING ECONOMIC ASSIST12 ANCE.—Section 116(d) of the Foreign Assistance Act of 

13 1961 (22 U.S.C. 2151n(d)) is amended—

14 (1) in paragraph (9), by striking ‘‘and’’ at the 

15 end; 

16 (2) in paragraph (10), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(11)(A) wherever applicable, in a separate sec20 tion with a separate heading, a description of the 

21 nature and extent of—

22 ‘‘(i) propaganda in government and gov23 ernment-controlled media and other sources, in24 cluding government-produced educational mate25 rials and textbooks, that attempt to justify or 
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1 promote racial hatred or incite acts of violence 

2 against any race or people; and 

3 ‘‘(ii) complicity or involvement in the cre4 ation of such propaganda or incitement of acts 

5 of violence against any race; and 

6 ‘‘(B) a description of the actions, if any, taken 

7 by the government of the country to eliminate such 

8 propaganda or incitement.’’. 

9 (b) COUNTRIES RECEIVING SECURITY ASSIST10 ANCE.—Section 502B(b) of the Foreign Assistance Act of 

11 1961 (22 U.S.C. 2304(b)) is amended by inserting after 

12 the eighth sentence the following: ‘‘Each report under this 

13 section shall also include wherever applicable, in a sepa14 rate section with a separate heading, a description of (i) 

15 the nature and extent of (I) propaganda in government 

16 and government-controlled media and other sources, in17 cluding government-produced educational materials and 

18 textbooks, that attempt to justify or promote racial hatred 

19 or incite acts of violence against any race, and (II) com20 plicity or involvement in the creation of such propaganda 

21 or incitement of acts of violence against any race or peo22 ple, and (ii) a description of the actions, if any, taken by 

23 the government of the country to eliminate such propa24 ganda or incitement.’’. 
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1 SEC. 1348. ASSISTANCE TO EAST TIMOR. 

2 Section 632(b)(1) of the Foreign Relations Author3 ization Act, Fiscal Year 2003 (Public Law 107–277) is 

4 amended by striking ‘‘the fiscal year 2003’’ and inserting 

5 ‘‘each of the fiscal years 2003, 2004, and 2005’’. 

6 SEC. 1349. SUPPORT FOR DEMOCRACY-BUILDING EFFORTS 

7 FOR CUBA. 

8 (a) STATEMENT OF POLICY.—It is the policy of the 

9 United States to support those individuals and groups who 

10 struggle for freedom and democracy in Cuba, including 

11 human rights dissidents, independent journalists, inde12 pendent labor leaders, and other opposition groups. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—

14 (1) IN GENERAL.—There are authorized to be 

15 appropriated to the President to carry out section 

16 109(a) of Public Law 104–114 (22 U.S.C. 6039(a)) 

17 $15,000,000 for each of the fiscal years 2004 and 

18 2005. 

19 (2) ADDITIONAL AUTHORITIES.—Amounts ap20 propriated pursuant to the authorization of appro21 priations under subsection (a)—

22 (A) are authorized to remain available 

23 until expended; and 

24 (B) are in addition to amounts otherwise 

25 available for such purposes. 
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1 SEC. 1350. AMENDMENT TO THE AFGHANISTAN FREEDOM 

2 SUPPORT ACT OF 2002. 

3 The Afghanistan Freedom Support Act of 2002 (22 

4 U.S.C. 7501 et seq.) is amended—

5 (1) in section 103(a) by striking ‘‘section 512 

6 of Public Law 107–115 or any similar’’ and insert7 ing ‘‘any other’’; and 

8 (1) in section 207(b) by striking ‘‘section 512 

9 of Public Law 107–115 or any similar’’ and insert10 ing ‘‘any other’’. 

11 SEC. 1351. CONGO BASIN FOREST PARTNERSHIP. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the President to carry 

14 out the Congo Basin Forest Partnership (CBFP) program 

15 $18,600,000 for each of the fiscal years 2004 and 2005. 

16 Of the amounts appropriated pursuant to the authoriza17 tion of appropriations under the preceding sentence for 

18 a fiscal year, $16,000,000 is authorized to be made avail19 able to the Central Africa Regional Program for the Envi20 ronment (CARPE) of the United States Agency for Inter21 national Development. 

22 (b) AVAILABILITY.—Amounts appropriated pursuant 

23 to the authorization of appropriations under subsection (a) 

24 are authorized to remain available until expended. 
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1 SEC. 1352. COMBATTING THE PIRACY OF UNITED STATES 

2 COPYRIGHTED MATERIALS. 

3 In addition to such amounts as may otherwise be au4 thorized to be appropriated for such purpose, there are 

5 authorized to be appropriated for the Department of 

6 State, $10,000,000 to carry out the following activities in 

7 countries that are not members of the Organization for 

8 Economic Cooperation and Development (OECD): 

9 (1) Provision of equipment and training for for10 eign law enforcement officials. 

11 (2) Training for judges and prosecutors. 

12 (3) Assistance in complying with obligations 

13 under appropriate international copyright and intel14 lectual property treaties and agreements. 

15 SEC. 1353. REPORTS RELATING TO TREATY BETWEEN THE 

16 UNITED STATES AND THE RUSSIAN FEDERA17 TION ON STRATEGIC OFFENSIVE REDUC18 TIONS. 

19 The President shall submit to the Committee on 

20 International Relations of the House of Representatives 

21 all reports submitted to the Committee on Foreign Rela22 tions pursuant to section 2 of the Senate Resolution of 

23 Ratification to Accompany Treaty Document 107–8, 

24 Treaty Between the United States of America and the 

25 Russian Federation on Strategic Offensive Reductions. 
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1 SEC. 1354. STATEMENT OF HOUSE OF REPRESENTATIVES 

2 REGARDING THE TREATY BETWEEN THE 

3 UNITED STATES AND THE RUSSIAN FEDERA4 TION ON STRATEGIC OFFENSIVE REDUC5 TIONS. 

6 The House of Representatives—

7 (1) concurs with the declarations of the 

8 Senate in section 3 of the Resolution of Ratifi9 cation to Accompany Treaty Document 107–8, 

10 Treaty Between the United States of America 

11 and the Russian Federation on Strategic Offen12 sive Reductions; 

13 (2) encourages the President to continue 

14 strategic offensive reductions to the lowest pos15 sible levels consistent with national security re16 quirements and alliance obligations of the 

17 United States; 

18 (3) urges the President to engage the Rus19 sian Federation with the objectives of estab20 lishing cooperative measures to give each party 

21 to the Treaty Between the United States of 

22 America and the Russian Federation on Stra23 tegic Offensive Reductions improved confidence 

24 regarding the accurate accounting and security 

25 of nonstrategic nuclear weapons maintained by 

26 the other party; and 
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1 (4) encourages the President to accelerate 

2 United States strategic force reductions, to the 

3 extent feasible and consistent with the treaty, in 

4 order that the reductions required by Article I 

5 of the Treaty Between the United States of 

6 America and the Russian Federation on Stra7 tegic Offensive Reductions may be achieved 

8 prior to December 31, 2012. 

9 SEC. 1355. NONPROLIFERATION AND DISARMAMENT FUND. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—

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

12 appropriated to the President to carry out section 

13 504 of the Freedom for Russia and Emerging Eur14 asian Democracies and Open Markets Support Act 

15 of 1992 (22 U.S.C. 5854; relating to the ‘‘Non16 proliferation and Disarmament Fund’’) $60,000,000 

17 for each of the fiscal years 2004 and 2005. 

18 (2) AVAILABILITY.—Amounts appropriated pur19 suant to the authorization of appropriations under 

20 paragraph (1) are authorized to remain available 

21 until expended. 

22 (b) NONPROLIFERATION OF HIGHLY ENRICHED

23 URANIUM.—

24 (1) FINDINGS.—Congress finds the following: 
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1 (A) Highly enriched uranium is the most 

2 likely source material for terrorist or other out3 law organizations that seek to acquire a nuclear 

4 weapon. 

5 (B) Such organizations are not likely to 

6 produce this source material on their own, but 

7 will instead look to divert highly enriched ura8 nium from some of the many vulnerable stock9 piles in numerous facilities around the world. 

10 (C) There is a need for a coordinated 

11 United States Government initiative to secure 

12 and dispose of highly enriched uranium stock13 piles in these vulnerable facilities around the 

14 world. 

15 (D) The Nonproliferation and Disar16 mament Fund (NDF) is a unique and flexible 

17 entity that is well-suited to carry out the initia18 tive described in subparagraph (C), in coopera19 tion with other Federal departments and agen20 cies, including the Department of Energy. 

21 (2) INITIATIVE.—The Secretary of State is au22 thorized to establish and carry out an initiative to 

23 secure and dispose of highly enriched uranium stock24 piles in foreign countries, including the provision of 
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1 such assistance as may be required to secure host 

2 country cooperation under the initiative. 

3 (3) AUTHORIZATION OF APPROPRIATIONS.—Of 

4 the amounts made available to carry out section 504 

5 of the Freedom for Russia and Emerging Eurasian 

6 Democracies and Open Markets Support Act of 

7 1992 (22 U.S.C. 5854) for fiscal years 2004 and 

8 2005, there are authorized to be appropriated to the 

9 Secretary to carry out paragraph (2) $25,000,000 

10 for each such fiscal year. 

11 SEC. 1356. MARITIME INTERDICTION PATROL BOATS FOR 

12 MOZAMBIQUE. 

13 (a) IN GENERAL.—Of the amounts made available to 

14 carry out section 23 of the Arms Export Control Act for 

15 fiscal year 2004, there is authorized to be appropriated 

16 $1,000,000 for refurbishment, delivery, operational train17 ing, and related costs associated with the provision of not 

18 more than four excess coastal patrol boats to the Govern19 ment of Mozambique for maritime patrol and interdiction 

20 activities. 

21 (b) AVAILABILITY.—Amounts appropriated pursuant 

22 to the authorization of appropriations under subsection (a) 

23 are authorized to remain available until September 30, 

24 2006. 
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1 TITLE XIV—MISSILE THREAT 

2 REDUCTION ACT OF 2003

3 SEC. 1401. SHORT TITLE. 

4 This title may be cited as the ‘‘Missile Threat Reduc5 tion Act of 2003’’. 

6 Subtitle A—Strengthening Inter7 national Missile Nonprolifera8 tion Law 

9 SEC. 1411. FINDINGS. 

10 Congress makes the following findings: 

11 (1) The spread of offensive ballistic missiles 

12 suitable for launching nuclear, chemical, and biologi13 cal warheads is accelerating across the globe. 

14 (2) According to the Carnegie Endowment for 

15 International Peace, more than 25 countries possess 

16 missiles with ranges in excess of 300 kilometers and 

17 capable of delivering a nuclear warhead. 

18 (3)(A) Many of the countries now possessing 

19 such missiles, and engaging in the sale and transfer 

20 of such missiles and their production technology to 

21 other countries, are directly hostile to the United 

22 States, its interests, and its allies. 

23 (B) Of particular concern in this regard is 

24 North Korea, which regularly sells ballistic missiles 
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1 and technology to countries in regions of instability 

2 and concern to the United States. 

3 (4) The Central Intelligence Agency has stated 

4 in its most recent report on the foreign ballistic mis5 sile threat the following: 

6 ‘‘Emerging ballistic missile states continue 

7 to increase the range, reliability, and accuracy 

8 of the missile systems in their inventories—pos9 ing ever greater risks to U.S. forces, interests, 

10 and allies throughout the world. A decade ago, 

11 U.S. and allied forces abroad faced threats 

12 from SRBM’s [Short Range Ballistic Mis13 siles]—primarily the Scud and its variants. 

14 Today, countries have deployed or are on the 

15 verge of deploying MRBM’s [Medium Range 

16 Ballistic Missiles], placing greater numbers of 

17 targets at risk. 

18 ‘‘Proliferation of ballistic missile-related 

19 technologies, materials, and expertise—espe20 cially by Russian, Chinese, and North Korean 

21 entities—has enabled emerging missile states to 

22 accelerate the development timelines for their 

23 existing programs, acquire turnkey systems to 

24 gain previously non-existent capabilities—in the 

25 case of the Chinese sale of the M–11 SRBM to 
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1 Pakistan—and lay the groundwork for the ex2 pansion of domestic infrastructures to poten3 tially accommodate even more capable and 

4 longer range future systems.’’. 

5 (5) The same CIA report also noted the fol6 lowing: ‘‘North Korea has assumed the role as the 

7 missile and manufacturing technology source for 

8 many programs. North Korean willingness to sell 

9 complete systems and components has enabled other 

10 states to acquire longer range capabilities earlier 

11 than otherwise would have been possible—notably 

12 the sale of the No Dong MRBM to Pakistan. The 

13 North also has helped countries to acquire tech14 nologies to serve as the basis for domestic develop15 ment efforts—as with Iran’s reverse-engineering of 

16 the No Dong in the Shahab-3 program. Meanwhile, 

17 Iran is expanding its efforts to sell missile tech18 nology.’’. 

19 (6) Since 1987, 33 countries have committed to 

20 abide by a voluntary set of guidelines known as the 

21 Missile Technology Control Regime (MTCR), where22 by adherents agreed to refrain from the transfer to 

23 nonadherents of certain categories of whole missiles, 

24 their constituent parts, and the facilities to manu25 facture them, especially ‘‘Category I’’ missiles, which 
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1 at a range of 300 kilometers or more and a payload 

2 capacity of 500 kilograms or more are especially 

3 suited for delivering nuclear weapons. 

4 (7) In October 2002, 93 countries committed to 

5 observe a nonbinding code of conduct derived from, 

6 but less restrictive than, the nonbinding MTCR. 

7 While this is a welcome achievement, it does not pro8 vide a legal obligation on its adherents to refrain 

9 from the trade in missiles or missile technology. 

10 (8) On December 10, 2002, the White House 

11 released its ‘‘National Strategy to Combat Weapons 

12 of Mass Destruction’’, wherein it is stated that 

13 strengthening international nonproliferation controls 

14 on weapons of mass destruction (WMD) and upon 

15 the missiles that can deliver them is the second of 

16 three principal pillars of the National Strategy. The 

17 National Strategy also states that ‘‘effective inter18 diction is a critical part of the U.S. strategy to com19 bat WMD and their delivery means’’. 

20 (9) On December 11, 2002, the United States 

21 took control of an unflagged freighter that was at22 tempting clandestinely to ship, from North Korea to 

23 Yemen, SCUD missiles of a type that would be gen24 erally prohibited from transfer as Category I mis25 siles. 
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1 (10) Neither North Korea nor Yemen is an ad2 herent to the MTCR guidelines, which in any case 

3 are not legally binding, and there is no binding 

4 international legal instrument that would prohibit 

5 shipments of the missiles referred to in paragraph 

6 (9). 

7 (11) At Yemen’s request, the United States re8 leased the shipment of North Korean Scud missiles 

9 to Yemen. 

10 (12) Also on December 11, 2002, the White 

11 House press spokesman stated that existing inter12 national law regarding halting the spread of missile 

13 proliferation could be strengthened. The new Na14 tional Strategy to Combat Weapons of Mass De15 struction also commits the United States to support 

16 those regimes that are currently in force, and to 

17 work to improve the effectiveness of, and compliance 

18 with, those regimes, and identifies the MTCR as a 

19 regime that the United States will seek to strength20 en. 

21 (13) Secretary of Defense Donald Rumsfeld, 

22 testifying on February 12, 2003, before the Com23 mittee on Armed Services of the Senate, stated the 

24 following: ‘‘. . . [I]t’s pretty clear that the prolifera25 tion regimes that exist in the world worked pretty 
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1 well before, [but] they’re not working very well right 

2 now. . . . [U]nless the world wakes up and says this 

3 is a dangerous thing and creates a set of regimes 

4 that will in fact get cooperation to stop those weap5 ons, we’re going to be facing a very serious situation 

6 in the next five years.’’. 

7 (14) The MTCR has made an invaluable con8 tribution to restraint in the international trade of of9 fensive ballistic missiles. Strengthening international 

10 controls on ballistic missiles, however, will require a 

11 dramatic expansion of adherents that rigorously 

12 abide by the MTCR’s guidelines, and a binding legal 

13 basis for the United Nations and countries devoted 

14 to nonproliferation to prevent, and when necessary 

15 act to prevent, further proliferation of offensive bal16 listic missiles around the world. 

17 (15) Therefore, it should be the policy of the 

18 United States to promote the creation of new inter19 national mechanisms that would, in all future cir20 cumstances, allow the peace-loving and law-abiding 

21 nations of the world the authority to interdict and 

22 prevent the transfer of such missiles. 

23 SEC. 1412. POLICY OF THE UNITED STATES. 

24 It shall be the policy of the United States to seek 

25 a binding international instrument or instruments to re-
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1 strict the trade in offensive ballistic missiles with ranges 

2 of 300 kilometers or more that have a payload capacity 

3 of 500 kilograms or more. Such a binding international 

4 instrument may take the form of a multilateral treaty, a 

5 United Nations Security Council resolution, or other in6 strument of international law, and should provide for en7 forcement measures including interdiction, seizure, and 

8 impoundment of illicit shipments of offensive ballistic mis9 siles and related technology, equipment, and components. 

10 SEC. 1413. SENSE OF CONGRESS. 

11 It is the sense of the Congress that the United States 

12 should immediately introduce a resolution in the United 

13 Nations Security Council to prohibit all members of the 

14 United Nations from purchasing, receiving, assisting or al15 lowing the transfer of, and to authorize the subsequent 

16 interdiction, seizure, and impoundment of, any missile, 

17 missile-related equipment, means of producing missiles, or 

18 missile-related technology from North Korea. 

19 Subtitle B—Strengthening United 

20 States Missile Nonproliferation 

21 Law 

22 SEC. 1421. PROBATIONARY PERIOD FOR FOREIGN PER23 SONS. 

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, upon the expiration, or the granting of a waiv-
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1 er, on or after January 1, 2003, of sanctions against a 

2 foreign person imposed under section 73(a) of the Arms 

3 Export Control Act (22 U.S.C. 2797b(a)) or under section 

4 11B(b)(1) of the Export Administration Act of 1979 (50 

5 U.S.C. App. 2410b(b)(1)), as continued in effect under 

6 the International Emergency Economic Powers Act, a li7 cense shall be required, for a period of not less than 3 

8 years, for the export to that foreign person of all items 

9 controlled for export under section 5 or 6 of the Export 

10 Administration Act of 1979 (50 U.S.C. App. 2404, 2405), 

11 as continued in effect under the International Emergency 

12 Economic Powers Act, in accordance with the Export Ad13 ministration Regulations. 

14 (b) TERMINATION.—Subsection (a) shall not apply to 

15 a foreign person 30 days after the President notifies the 

16 Committee on International Relations of the House of 

17 Representatives and the Committee on Banking, Housing, 

18 and Urban Affairs and the Committee on Foreign Rela19 tions of the Senate that he has determined that—

20 (1) the foreign person has—

21 (A) ceased all activity related to the origi22 nal imposition of sanctions under section 73(a) 

23 of the Arms Export Control Act or section 

24 11B(b)(A) of the Export Administration Act of 

25 1979, as the case may be; and 
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1 (B) has instituted a program of trans2 parency measures whereby the United States 

3 will be able to verify for at least a period of 3 

4 years that the foreign person is not engaging in 

5 prohibited activities under those provisions of 

6 law referred to in paragraph (1); and 

7 (2) there has been an appropriate resolution of 

8 the original violation or violations, such as financial 

9 penalties, incarceration, destruction of prohibited 

10 items, or other appropriate measures taken to pre11 vent a recurrence of the violation or violations. 

12 SEC. 1422. STRENGTHENING UNITED STATES MISSILE PRO13 LIFERATION SANCTIONS ON FOREIGN PER14 SONS. 

15 (a) ARMS EXPORT CONTROL ACT.—Section 73(a)(2) 

16 (22 U.S.C. 2797b(a)(2)) is amended by striking ‘‘2 years’’ 

17 each place it appears and inserting ‘‘4 years’’. 

18 (b) PUBLIC INFORMATION.—Section 73(e)(2) (22 

19 U.S.C. 2797b(e)(2)) is amended by adding at the end the 

20 following new sentence: ‘‘Such report may be classified 

21 only to the extent necessary to protect intelligence sources 

22 and methods. If the report is so classified, the President 

23 shall make every effort to acquire sufficient alternative in24 formation that would allow a subsequent unclassified 

25 version of the report to be issued.’’. 
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1 (c) EXPORT ADMINISTRATION ACT OF 1979.—Any 

2 sanction imposed on a foreign person under section 

3 11B(b)(1) of the Export Administration Act of 1979 (50 

4 U.S.C. App. 2410b(b)(1)), as continued in effect under 

5 the International Emergency Economic Powers Act, shall 

6 be in effect for a period of 4 years beginning on the date 

7 on which the sanction was imposed. 

8 (d) APPLICABILITY.—The amendments made by sub9 sections (a) and (b) and the provisions of subsection (c) 

10 shall apply to all sanctions imposed under section 73(a) 

11 of the Arms Export Control Act or section 11B(b)(1) of 

12 the Export Administration Act of 1979, as continued in 

13 effect under the International Emergency Economic Pow14 ers Act, by reason of acts giving rise to such sanctions 

15 that were committed by foreign persons on or after Janu16 ary 1, 2003. 

17 SEC. 1423. COMPREHENSIVE UNITED STATES MISSILE PRO18 LIFERATION SANCTIONS ON ALL RESPON19 SIBLE PERSONS. 

20 (a) ARMS EXPORT CONTROL ACT.—Section 73(a) 

21 (22 U.S.C. 2797b(a)) is amended by adding at the end 

22 the following new paragraph: 

23 ‘‘(3)(A) Sanctions imposed upon a foreign person 

24 under paragraph (2) shall also be imposed on any govern25 mental entity that the President determines exercises ef-
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1 fective control over, benefits from, or directly or indirectly 

2 facilitates the activities of that foreign person. 

3 ‘‘(B) When a sanction is imposed on a foreign person 

4 under paragraph (2), the President may also impose that 

5 sanction on any other person or entity that the President 

6 has reason to believe has or may acquire items that may 

7 not be exported to that foreign person on account of the 

8 sanction imposed on that foreign person, with the intent 

9 to transfer to that foreign person, or provide to that for10 eign person access to, such items. 

11 ‘‘(C) The President may also prohibit, for such period 

12 of time as he may determine, any transaction or dealing, 

13 by a United States person or within the United States, 

14 with any foreign person on whom sanctions have been im15 posed under this subsection. 

16 ‘‘(D) The President shall report on an annual basis 

17 to the Committee on International Relations of the House 

18 of Representatives and the Committee on Foreign Rela19 tions of the Senate the identity of any foreign person that 

20 engages in any transaction or activity with a foreign per21 son on whom sanctions have been imposed under this sub22 section that either—

23 ‘‘(i) would be the basis for imposing sanctions 

24 under subparagraph (B) but for which sanctions 

25 have not been imposed; or 
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1 ‘‘(ii) would be the basis for imposing sanctions 

2 under subparagraph (C) if the transaction or activity 

3 had been carried out by a United States person or 

4 by a person in the United States. 

5 Such report shall be unclassified to the maximum extent 

6 feasible, but may include a classified annex.’’. 

7 (b) DEFINITION OF PERSON.—Section 74(a)(8)(A) 

8 (22 U.S.C. 2797c(a)(8)(A)) is amended to read as follows: 

9 ‘‘(8)(A) the term ‘person’ means—

10 ‘‘(i) a natural person; 

11 ‘‘(ii) a corporation, business association, 

12 partnership, society, trust, transnational cor13 poration, or transnational joint venture, any 

14 other nongovernmental entity, organization, or 

15 group, and any governmental entity; 

16 ‘‘(iii) any subsidiary, subunit, or parent en17 tity of any business enterprise or other organi18 zation or entity listed in clause (ii); and 

19 ‘‘(iv) any successor of any business enter20 prise or other organization or entity listed in 

21 clause (ii) or (iii); and’’. 

22 (c) EXPORT ADMINISTRATION ACT OF 1979.—

23 (1) SANCTIONS IMPOSED ON GOVERNMENT EN24 TITIES.—Any sanction imposed on a foreign person 

25 under section 11B(b)(1)(B) of the Export Adminis-
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1 tration Act of 1979 (50 U.S.C. App. 

2 2410b(b)(1)(B)), as continued in effect under the 

3 International Emergency Economic Powers Act (in 

4 this subsection referred to as a ‘‘dual use sanction’’), 

5 shall also be imposed on any governmental entity 

6 that the President determines exercises effective con7 trol over, benefits from, or directly or indirectly fa8 cilitates the activities of that foreign person. 

9 (2) OTHER ENTITIES.—When a dual use sanc10 tion is imposed on a foreign person, the President 

11 may also impose that sanction on any other person 

12 or entity that the President has reason to believe 

13 has or may acquire items that may not be exported 

14 to that foreign person on account of the dual use 

15 sanction imposed on that foreign person, with the in16 tent to transfer to that foreign person, or provide to 

17 that foreign person access to, such items. 

18 (3) TRANSACTIONS BY THIRD PARTIES.—The 

19 President may also prohibit, for such period of time 

20 as he may determine, any transaction or dealing, by 

21 a United States person or within the United States, 

22 with any foreign person on whom dual use sanctions 

23 have been imposed. 

24 (4) REPORT.—The President shall submit on 

25 an annual basis to the appropriate congressional 
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1 committees a report that contains the identity of any 

2 foreign person that engages in any transaction or 

3 activity with a foreign person on whom dual use 

4 sanctions have been imposed that either—

5 (A) would be the basis for imposing dual 

6 use sanctions under paragraph (2) but for 

7 which such sanctions have not been imposed; or 

8 (B) would be the basis for imposing dual 

9 use sanctions under paragraph (3) if the trans10 action or activity had been carried out by a 

11 United States person or by a person in the 

12 United States. 

13 Such report shall be unclassified to the maximum 

14 extent feasible, but may include a classified annex. 

15 (5) DEFINITIONS.—In this subsection: 

16 (A) PERSON.—The term ‘‘person’’ 

17 means—

18 (i) a natural person; 

19 (ii) a corporation, business associa20 tion, partnership, society, trust, 

21 transnational corporation, or transnational 

22 joint venture, any other nongovernmental 

23 entity, organization, or group, and any 

24 governmental entity; 
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1 (iii) any subsidiary, subunit, or parent 

2 entity of any business enterprise or other 

3 organization or entity listed in clause (ii); 

4 and 

5 (iv) any successor of any business en6 terprise or other organization or entity list7 ed in clause (ii) or (iii). 

8 (B) In the case of countries where it may 

9 be impossible to identify a specific governmental 

10 entity referred to in subparagraph (A), the 

11 term ‘‘person’’ means—

12 (i) all activities of that government re13 lating to the development or production of 

14 any missile equipment or technology; and 

15 (ii) all activities of that government 

16 affecting the development or production of 

17 aircraft, electronics, and space systems or 

18 equipment. 

19 (C) UNITED STATES PERSON.—The term 

20 ‘‘United States person’’ has the meaning given 

21 that term in section 16(2) of the Export Ad22 ministration Act of 1979 (50 U.S.C. App. 

23 2415(2)). 

24 (D) MISSILE EQUIPMENT OR TECH25 NOLOGY.—The term ‘‘missile equipment or 
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1 technology’’ has the meaning given that term in 

2 section 11B(c) of the Export Administration 

3 Act of 1979 (50 U.S.C. App. 2410b(c)). 

4 (d) EFFECTIVE DATE.—The amendments made by 

5 subsections (a) and (b) shall apply with respect to sanc6 tions imposed on or after January 1, 2003, on foreign per7 sons under section 73(a)(2) of the Arms Export Control 

8 Act, and the provisions of subsection (c) shall apply with 

9 respect to sanctions imposed on or after January 1, 2003, 

10 on foreign persons under section 11B(b) of the Export Ad11 ministration Act of 1979 (50 U.S.C. App. 2410b(b)), as 

12 continued in effect under the International Emergency 

13 Economic Powers Act. 

14 Subtitle C—Incentives for Missile 

15 Threat Reduction 

16 SEC. 1431. FOREIGN ASSISTANCE. 

17 (a) TYPES OF ASSISTANCE.—The President is au18 thorized to provide, on such terms as the President deems 

19 appropriate, the following assistance to countries that 

20 agree to destroy their ballistic missiles, and their facilities 

21 for producing ballistic missiles, that have a payload capac22 ity of 500 kilograms or more over a distance of 300 kilo23 meters or more: 

24 (1) Assistance under section 23 of the Arms 

25 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.

Æ