19–006

108TH CONGRESS REPT. 108–105 " HOUSE OF REPRESENTATIVES ! 1st Session Part 2

FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 

2004 AND 2005

JUNE 12, 2003.—Ordered to be printed 

Mr. HYDE, from the Committee on International Relations, 

submitted the following 

SUPPLEMENTAL REPORT 

[To accompany H.R. 1950]

This supplemental report shows the cost estimate of the Congressional Budget Office and changes in existing law made by the bill 

(H.R. 1950), as reported, which was not included in the report submitted on May 16, 2003 (H. Rept. 108–105, part 1). 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

JUNE 11, 2003. 

Hon. HENRY J. HYDE, Chairman, Committee on International Relations, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1950, the Foreign Relations Authorization Act, Fiscal Years 2004 and 2005. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Sunita D’Monte and 

Joseph C. Whitehill. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, 

Director. 

Enclosure.

H.R. 1950—Foreign Relations Authorization Act, Fiscal Years 2004 

and 2005 

Summary: CBO estimates that H.R. 1950 would authorize appro- priations of $32.2 billion for the Department of State and related 

agencies, and for various security and economic assistance programs. Implementing the bill would result in additional discretionary spending of $30.5 billion over the 2004–2008 period, assumVerDate Jan 31 2003 20:11 Jun 14, 2003 Jkt 019006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR105P2.XXX HR105P2
2

ing appropriation of the authorized amounts, CBO estimates. The 

bill also contains several provisions that would affect direct spending and revenues. CBO estimates that enacting those provisions 

would increase direct spending by $25 million over the 2006–2008 

period and have an insignificant effect on revenues. 

H.R. 1950 also would affect trade in defense articles and services. 

It would give the President authority to control transfers within 

the United States of defense articles and defense services to foreign 

persons. It would lower the standard for violation of arms-export 

regulations and increase certain fines for violations of export controls. In addition, the bill would call for stringent control and scrutiny of the export of missile technology and would authorize the 

President to sanction any foreign governmental entity that the 

President determines has facilitated violations of export controls of 

missile equipment or technology. CBO estimates the trade-related 

provisions would not significantly affect federal spending. 

H.R. 1950 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 1950 is shown in Table 1. For this estimate, 

CBO assumes that the authorized amounts will be appropriated by 

the start of each fiscal year and that outlays will follow historical 

spending patterns for existing programs, except as otherwise described. The costs of this legislation fall within budget functions 

050 (national defense), 150 (international affairs), 300 (natural resources and environment), and 800 (general government).

TABLE 1.—BUDGETARY IMPACT OF H.R. 1950, THE FOREIGN RELATIONS AUTHORIZATION ACT, 

FISCAL YEARS 2004 AND 2005 

By fiscal year, in millions of dollars—

2003 2004 2005 2006 2007 2008

SPENDING SUBJECT TO APPROPRIATION

Spending under current law for State Department, related 

agencies, and various assistance programs: 

Authorization level 1, 2 ......................................................... 17,937 900 0 0 0 0 

Estimated outlays ................................................................ 17,650 7,067 3,117 1,773 996 520 

Proposed changes: 

Estimated authorization level ............................................. 0 15,220 15,569 475 477 478 

Estimated outlays ................................................................ 0 9,990 13,643 3,945 1,736 1,231 

Spending under H.R. 1950 for State Department, related agencies, and various assistance programs: 

Estimated authorization level 1, 2 ....................................... 17,937 16,120 15,569 475 477 478 

Estimated outlays ................................................................ 17,650 17,057 16,760 5,718 2,732 1,751

CHANGES IN DIRECT SPENDING 

Estimated budget authority ......................................................... 0 * * 5 10 10 

Estimated outlays ......................................................................... 0 * * 5 10 10 

1 The 2003 level is the amount appropriated for that year and includes appropriations provided in Public Law 108–11, the Emergency Wartime Supplemental Appropriations Act, 2003. 2 Public Law 106–113, an act making consolidated appropriations for the fiscal year ending September 30, 2000, and for other purposes, 

authorized appropriations of $900 million for Embassy Security, Construction, and Maintenance in 2004.

Note.—* = less than $500,000. 

Basis of estimate 

H.R. 1950 would provide a comprehensive two-year authorization 

of appropriations for the State Department and related agencies 

and it would authorize appropriations for various security and ecoVerDate Jan 31 2003 20:11 Jun 14, 2003 Jkt 019006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR105P2.XXX HR105P2
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nomic assistance programs. In addition, the bill contains several 

provisions that would affect direct spending and revenues.

Spending subject to appropriation 

CBO estimates that Divisions A and B of H.R. 1950 would authorize appropriations of about $32 billion for the Department of 

State and related agencies and for various security and economic 

assistance programs. CBO estimates that implementing the bill 

would result in additional discretionary spending of $30.5 billion 

over the 2004–2008 period, assuming appropriation of the authorized amounts. 

Division A—Department of State Authorization Act, Fiscal Years 

2004 and 2005. CBO estimates that Division A would authorize appropriations of about $9.3 billion in 2004, $10.7 billion in 2005, and 

$0.1 billion a year over the 2006–2008 period for the Department 

of State and related agencies (see Table 2). It would specifically authorize appropriations of $9.3 billion in 2004, $10.1 billion in 2005, 

and some small amounts over the 2006–2008 period. In addition to 

the costs covered by the specified authorizations, the division contains provisions primarily dealing with international peacekeeping, 

public diplomacy, and personnel, that CBO estimates would require 

additional appropriations of almost $0.9 billion over the 2004–2008 

period to implement. CBO estimates that implementing this division would cost almost $19.5 billion over the 2004–2008 period, assuming appropriation of the specified and estimated amounts.

TABLE 2.—ESTIMATED SPENDING SUBJECT TO APPROPRIATION FOR DIVISION A OF H.R. 1950 

By fiscal year, in millions of dollars—

2003 2004 2005 2006 2007 2008

Spending under current law for the State Department and related agencies: 

Authorization level 1, 2 ......................................................... 9,257 900 0 0 0 0 

Estimated outlays ................................................................ 8,998 3,338 1,649 1,065 657 347 

Proposed changes: 

Estimated authorization level ............................................. 0 9,339 10,693 105 107 108 

Estimated outlays ................................................................ 0 6,421 8,533 2,586 1,178 761 

Spending under Division A of H.R. 1950 for the State Department and related agencies: 

Estimated authorization level 1, 2 ....................................... 9,257 10,239 10,693 105 107 108 

Estimated outlays ................................................................ 8,998 9,759 10,182 3,651 1,835 1,108 

1 The 2003 level is the amount appropriated for that year and includes appropriations provided in Public Law 108–11, the Emergency Wartime Supplemental Appropriations Act, 2003. 2 Public Law 106–113, an act making consolidated appropriations for the fiscal year ending September 30, 2000, and for other purposes, 

authorized appropriations of $900 million for Embassy Security, Construction, and Maintenance in 2004. 

International Peacekeeping. Section 113 would authorize the appropriation of $550 million in 2004 and such sums as may be necessary in 2005 for contributions to international peacekeeping activities. Based on information from the Department of State and 

adjusting for inflation, CBO estimates that the department would 

require $560 million in 2005. 

Middle East Broadcasting Network. Section 501 would authorize 

annual grants for a Mideast Radio and Television Network to provide radio and television broadcasts to the Middle East region. 

Under current law, Radio Sawa provides radio programming to the 

Middle East at an annual cost of about $10 million. The Broadcasting Board of Governors (BBG) plans to add a satellite television 

network that would provide news, entertainment, and information 

4

programs to complement this radio programming. Public Law 108– 11, the Emergency Wartime Supplemental Appropriations Act, 

2003, provided $26 million in 2003 for start-up costs of the network. The bill provides an authorization of appropriations of $47 

million in each of 2004 and 2005 only. Based on information from 

the BBG, CBO estimates that operating costs for this television 

network would be $37 million a year over the 2004–2008 period, and the costs for Radio Sawa would continue at about $10 million 

a year. 

Exchange Programs. Section 251 would establish new educational and cultural exchange programs and expand existing ones 

in countries with predominantly Muslim populations. Section 112 

would authorize the appropriation of $35 million a year for this 

purpose in 2004 and 2005. CBO estimates that continuing these 

programs would cost an additional $112 million over the 2006–2008 

period. 

Promotion of Free Media. Section 607 would establish an International Free Media Fund within the department to promote the 

development of free and independent media all over the world. The 

bill would authorize appropriations of $15 million in 2004 for this 

purpose. Section 608 would require the BBG to support free media, 

especially in countries where it is reducing or discontinuing international broadcasting, and would authorize appropriations of $2.5 

million each year in 2004 and 2005 for this purpose. 

Hardship and Danger Pay Allowances. Section 307 would increase the cap on hardship and danger pay allowances from 25 percent to 35 percent of basic pay for State Department employees 

serving overseas. Based on information from the Department of 

State, CBO estimates implementing this section would cost $8 million to $9 million annually over the 2004–2008 period.

Office of Global Internet Freedom. Section 524 would authorize 

the BBG to establish an Office of Global Internet Freedom to prevent foreign governments from censoring or jamming the Internet 

and persecuting their citizens who use the Internet. The bill would 

specifically authorize appropriations of $8 million a year in 2004 

and 2005 to establish and operate this office. CBO estimates implementing this section would cost $8 million to $9 million annually 

over the 2004–2008 period. 

Indefinite Authorizations for Currency Fluctuations. Section 

113(c) would authorize the appropriation of such sums as may be 

necessary in 2004 to compensate for adverse fluctuations in exchange rates that might affect contributions to international organizations. Any funds appropriated for this purpose would be obligated and expended subject to certification by the Office of Management and Budget (OMB). Currency fluctuations are extremely 

difficult to estimate in advance, and they could result in spending 

either higher or lower than the amounts specifically authorized in 

the bill for contributions to international organizations and programs. Therefore, this estimate includes no costs associated with 

currency fluctuations. 

Colin Powell Center for American Diplomacy. Section 230 would 

authorize the Secretary of State to establish the Colin Powell Center for American Diplomacy at the Harry S. Truman Building in 

Washington, DC. According to the Department of State, it would 

establish the center through a partnership with the nonprofit ForVerDate Jan 31 2003 20:11 Jun 14, 2003 Jkt 019006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR105P2.XXX HR105P2
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eign Affairs Museum Council (FAMC). The department would provide the space, staff, and security for the center, while FAMC 

would provide funding from private sources. A feasibility study is 

currently underway, and the department was unable to provide details that would allow CBO to estimate the operating costs of the 

center. 

Reimbursement Rate for Airlift Services. Section 224 would reduce by about half the reimbursement rate paid by the Department 

of State to the Department of Defense (DoD) for transporting armored vehicles by air. Over the 2000–2002 period, the department 

reimbursed DoD an average of $2 million a year. Based on this information, CBO estimates that implementing this section would 

save the department $1 million a year. 

Reporting Requirements. Division A includes several provisions 

that would expand or introduce new reporting requirements. Combined, these provisions would raise spending subject to appropriation by about $2 million annually, but each provision would likely 

cost less than $500,000 a year. 

Miscellaneous Provisions. CBO estimates that the following sections of Division A would have an insignificant impact on spending 

subject to appropriation: 

• Section 206 would authorize a demonstration program in library sciences to help foreign governments improve literacy and 

public education in their countries by establishing or upgrading 

public library systems. 

• Section 301 would authorize an exchange program for the assignment of civil and foreign service employees to fellowship positions in foreign governments, and the reciprocal assignment of foreign government employees as fellows in the department. 

• Section 302 would clarify the department’s authority to settle 

claims of back pay and other administrative claims and grievances. 

• Section 310 would give the department greater flexibility in 

awarding meritorious step increases in salaries. 

• Section 504 would authorize the BBG to conduct a pilot program to promote travel and tourism by broadcasting information on 

regions of the United States that rely on tourism. 

• Subtitle C of title V would transfer all functions and assets of 

BBG and the International Broadcasting Bureau to a new independent agency named the International Broadcasting Agency. 

Division B—Defense Trade and Security Assistance Reform Act 

of 2003. Division B would tighten regulation of trade in defense 

and dual-use articles and technologies and authorize funding for 

various security assistance programs (see Table 3). Unlike Division 

A, which provides a comprehensive two-year authorization of appropriations of foreign relations authorizations, this division would 

authorize funding for various programs, projects, and activities 

through specific and indefinite authorizations of appropriation or 

through earmarks of funds not authorized elsewhere in the bill. For 

this estimate, CBO treats these earmarks as authorizations of appropriations since there are no amounts authorized for the programs in general. CBO estimates that implementing Division B 

would cost $3.6 billion in 2004 and $11.1 billion over the 2004–

2008 period, assuming the appropriation of the necessary amounts.

6

TABLE 3.—ESTIMATED SPENDING SUBJECT TO APPROPRIATION FOR DIVISION B OF H.R. 1950 

By fiscal year, in millions of dollars—

2003 2004 2005 2006 2007 2008 

Spending under current law for various security assistance 

programs: 

Budget authority 1 ............................................................... 8,680 0 0 0 0 0 

Estimated outlays ................................................................ 8,652 3,729 1,468 708 339 173 

Proposed changes: 

Estimated authorization level ............................................. 0 5,881 4,876 370 370 370 

Estimated outlays ................................................................ 0 3,569 5,110 1,359 558 470 

Spending under Division B of H.R. 1950 for various security 

assistance programs: 

Estimated authorization level 1 ........................................... 8,680 5,881 4,876 370 370 370 

Estimated outlays ................................................................ 8,652 7,298 6,578 2,067 897 643 

1 The 2003 level is the amount appropriated for that year and includes appropriations provided in Public Law 108–11, the Emergency Wartime Supplemental Appropriations Act, 2003. 

Security Assistance and Related Provisions. Title XIII would au- thorize the appropriation of $4.4 billion for foreign military financing and $91.7 million for international military education and 

training in 2004. 

Sections 1321 and 1322 would authorize foreign military financing and Economic Support Fund appropriations for Israel and 

Egypt through 2005. The sections would specify formulas that 

would continue through 2005 the gradual reduction of economic assistance to those two countries and the increase in foreign military 

financing for Israel begun in 1999. For Israel, section 1321 would 

authorize foreign military financing of $2.160 billion in 2004 and 

$2.220 billion in 2005, and Economic Support Fund appropriations 

of $480 million in 2004 and $360 million in 2005. For Egypt, section 1322 would authorize foreign military financing for Egypt of 

$1.3 billion in both 2004 and 2005 and Economic Support Fund appropriations of $575 million in 2004 and $535 million in 2005. 

Section 1337 would authorize the appropriation of $60 million a 

year for the nonproliferation fund in 2004 and 2005 and $25 million a year in 2004 and 2005 to secure highly enriched uranium in 

the states of the former Soviet Union. 

Missile Threat Reduction Assistance. Title XIV would authorize 

the appropriation of $250 million for assistance to countries that 

agree to destroy their ballistic missiles and their facilities for producing those missiles. Under the bill, the President would determine the terms and conditions for providing the assistance which 

could be economic or military in character. For this estimate, CBO 

assumes the funds would be appropriated at the rate of $50 million 

a year over the 2004–2008 period, consistent with report language 

accompanying the bill, and the rate of spending would be comparable to that for the Former Soviet Union Threat Reduction. 

Belarus. Title XVI would authorize the appropriation of such 

sums as may be necessary in 2004 and 2005 for assistance and 

radio broadcasting to promote the development of democracy and 

civil society in Belarus. The assistance could be used to develop 

democratic parties, nongovernmental organizations, an independent broadcasting and print media, or to observe elections. 

Based on information from the State Department, CBO estimates 

that funding for such assistance in Belarus would continue at the 

2003 level of $10 million each year. Based on information from the 

BBG, CBO further estimates that funding for international broadVerDate Jan 31 2003 20:11 Jun 14, 2003 Jkt 019006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR105P2.XXX HR105P2
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casting to Belarus would double to $3 million a year, for an increase of $1.5 million each year over the amount authorized in Division A of the bill. 

Israeli-Palestinian Peace Enhancement Act. Title XVII would express the sense of the Congress with respect to U.S. recognition of 

a Palestinian state and express a willingness to provide substantial 

economic and humanitarian assistance to such a state. It would authorize the appropriation of such sums as may be necessary to promote the economic and civil development of a Palestinian state. 

However, the President must certify a binding peace agreement between Israel and the Palestinians has been achieved under a set 

of conditions before any assistance may be provided to a Palestinian state. The President may waive the certification and the restrictions would not apply to humanitarian or development assistance provided to nongovernmental organizations for the benefit of 

the Palestinian people. CBO estimates that implementing title 

XVII would cost $0.8 billion over the 2004–2008 period, assuming 

the appropriation of the necessary amounts. The estimate assumes 

that funding in 2004 would continue at the 2003 rate and would 

increase to over $0.3 billion a year over the 2006–2008 period. 

It is difficult to estimate the cost of implementing title XVII because of the uncertainty over when or whether Israel and the Palestinians may reach an agreement recognizing a two-state solution 

to peace in the Middle East region. Under the roadmap to a permanent two-state solution, as outlined by the State Department on 

April 30, 2003, the goal would be a permanent status agreement 

in 2005. CBO estimates that substantially increased funding for 

the Palestinian people could begin by that year.

Neither the bill nor the Committee report accompanying the bill 

provide much guidance for interpreting the intent of the phrase 

‘‘substantial economic and humanitarian assistance.’’ For the purpose of the estimate, CBO assumes that funding in 2004 for West 

Bank/Gaza in the Economic Support Fund would continue at the 

$75 million funding level appropriated for 2003 and triple to $225 

million in 2005. For the 2006–2008 period, we assume that the 

funding for a Palestinian state would be increased by the $95 million that the United States has in the past contributed for assistance to the Palestinian people through the United Nations Relief 

and Works Agency for Palestinian Refuges. That increase would 

raise funding to $320 million a year. In the past, breakthrough 

agreements such as the Camp David accords and peace with Jordan have been followed by bilateral assistance appropriations of 

billions or many hundreds of millions of dollars. Funding after a 

true peace agreement between Israel and the Palestinians could be 

much higher than CBO estimates. Without an agreement, funding 

would be much lower. 

Miscellaneous Provisions. Title XVIII contains a number of provisions that would authorize appropriations for various economic and 

security assistance programs. They include: 

• Section 1803 would authorize $2 million a year in 2004 and 

2005 for a cooperative development program with Israel. 

• Section 1806 would authorize $25 million a year in 2004 and 

2005 for economic assistance for East Timor. 

8

• Section 1807 would authorize $15 million a year in 2004 and 

2005 for grants to individuals and groups supporting democracy 

building efforts in Cuba. • Section 1809 would authorize $18.6 million a year in 2004 and 

2005 for a Congo Basin forest partnership program. • Section 1810 would authorize $10 million for programs to provide equipment and training to law enforcement officials, prosecutors, and judges in foreign countries in interpreting intellectual 

property laws and in complying with obligations under various 

international copyright and intellectual property treaties and 

agreements. • Section 1811 would authorize assistance to law enforcement 

agencies in India and Ireland in 2004 and 2005. Based on information from the State Department, CBO estimates that implementing 

the provision would cost $3 million each year, assuming the appropriation of the necessary funds. • Section 1812 would authorize $24 million in 2004 and such 

sums as may be necessary in 2005 for the human rights and democracy fund administered by the Department of State. CBO estimates funding in 2005 would continue at the level specified for 

2004. • Section 1815 would authorize the appropriation of $1 million 

in 2004 and such sums as may be necessary in 2005 for a grant 

to the African Society for programs in Africa. CBO estimates funding in 2005 would continue at the level specified for 2004. 

Direct spending and revenues 

CBO estimates that several provisions in the bill would increase 

direct spending or have an insignificant effect on receipts. 

Transfer of Defense Articles in the U.S. War Reserve Stockpile 

for Allies (USWRSA). Section 1342 would extend for five years the 

President’s authority to transfer to Israel obsolete or surplus defense articles in the USWRSA in Israel in return for concessions 

to be negotiated by the Secretary of Defense. The concessions may 

include cash, services, waiver of charges otherwise payable by the 

United States, or other items of value. Since articles may be transferred by sale under current law, CBO estimates that the authority 

provided by the section could be used to negotiate noncash concessions thereby lowering offsetting receipts to the DoD. 

According to DoD, much of the materiel in the USWRSA in Israel 

was used in the recent Iraq conflict and the department is conducting a new inventory to determine what stocks remain. DoD 

also indicates that the existing authority has not been used for 

Israel in the past, though similar authority has been used for the 

stockpile in Korea. Given the current status of the USWRSA in 

Israel, CBO estimates the authority would not be used in 2004 and 

probably not in 2005. If the authority provided in section 1342 were 

used to the same extent as that for the stockpile in Korea, CBO 

estimates forgone receipts would total between $5 million and $10 

million a year over the 2006–2008 period. 

Cost-Sharing for New Diplomatic Facilities. Section 227 would 

allow the Department of State, beginning in 2005, to charge a fee 

to every federal agency that has a presence at any U.S. diplomatic 

facility to help fund the construction of new diplomatic facilities. 

The amount of the fee charged would be determined by a formula 

9

that takes into account the number of employees assigned to each 

diplomatic mission. Based on information from OMB and the Department of State, CBO estimates that construction of new diplomatic facilities could cost about $1 billion a year over the next several years and that roughly 40 percent of these costs would be born 

by federal agencies other than the Department of State. Because 

the collection and spending of the fees would not be subject to the 

annual appropriation process, this provision would affect direct 

spending. CBO estimates that collections from the new fee would 

offset spending on construction, and that this proposal would not 

significantly increase or decrease federal spending as a whole, but 

would merely shift costs from the Department of State to other federal agencies. Ultimately, all such federal costs are and still would 

be subject to appropriation of the necessary amounts. (That is, the 

only direct spending effects relate to the intragovernmental transfers and their use by the Department of State.) 

Colin Powell Center for American Diplomacy. Section 230 would 

authorize the Secretary to provide museum visitor and educational 

outreach services at the center and to sell, trade, or transfer documents and articles that are displayed at the center. Any proceeds 

generated from these services or sales would be retained and spent 

by the center. CBO estimates that this provision would have an insignificant net effect on direct spending. 

Arms Export Controls. Provisions in titles XI and XII would revise licensing requirements for the export of certain defense articles and technology and would lower the standard and increase 

fines for violations of export controls. CBO estimates implementing 

the provisions would have an insignificant effect on receipts and direct spending. 

Intergovernmental and private-sector impact: H.R. 1950 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 

Previous CBO estimates: On April 24, 2003, CBO transmitted a 

cost estimate for S. 925, the Foreign Relations Authorization Act, 

Fiscal Year 2004, as ordered reported by the Senate Committee on 

Foreign Relations on April 9, 2003. Several sections in Division A 

of H.R. 1950 are similar or identical to sections of S. 925 and would 

have similar costs. (The Senate bill would authorize appropriations 

only for 2004, whereas H.R. 1950 would authorize appropriations 

for 2004 and 2005). 

On June 9, 2003, CBO transmitted an estimate for S. 1161, the 

Foreign Assistance Authorization Act, Fiscal Year 2004, as reported by the Senate Committee on Foreign Relations on May 29, 

2003. Several sections in Division B of H.R. 1950 are similar or 

identical to sections of S. 1161 and would have similar costs; however, the Senate bill would provide a more comprehensive authorization of appropriations for economic and security assistance programs in 2004. 

Estimate prepared by: Federal Costs: State Department—Sunita 

D’Monte and Security Assistance and Foreign Aid—Joseph C. 

Whitehill, Impact on State, Local, and Tribal Governments: Victoria Heid Hall, and Impact on the Private Sector: Paige Piper/

Bach. 

10

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

ADMIRAL JAMES W. NANCE AND MEG DONOVAN FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL 

YEARS 2000 AND 2001

* * * * * * *

TITLE VI—EMBASSY SECURITY AND 

COUNTERTERRORISM MEASURES 

* * * * * * *

SEC. 604. AUTHORIZATIONS OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts 

otherwise authorized to be appropriated by this or any other Act, 

there are authorized to be appropriated for ‘‘Embassy Security, 

Construction and Maintenance’’—

(1) * * *

* * * * * * *

(4) for fiscal year 2003, $1,000,000,000; øand¿

(5) for fiscal year 2004, ø$900,000,000.¿ $1,000,000,000; and

(6) for fiscal year 2005, $1,000,000,000.

* * * * * * *

TITLE VIII—MISCELLANEOUS 

PROVISIONS 

Subtitle A—General Provisions 

* * * * * * *

øSEC. 805. REPORT ON TERRORIST ACTIVITY IN WHICH UNITED 

STATES CITIZENS WERE KILLED AND RELATED MATTERS. 

ø(a) IN GENERAL.—Not later than May 1, 2003, and not later 

than May 1, 2004, the Secretary of State shall prepare and submit 

a report, with a classified annex as necessary, to the appropriate 

congressional committees regarding terrorist attacks in Israel, in 

territory administered by Israel, and in territory administered by 

the Palestinian Authority. The report shall contain the following 

information: 

ø(1) A list of formal commitments the Palestinian Authority 

has made to combat terrorism. 

ø(2) A list of terrorist attacks, occurring between September 

13, 1993 and the date of the report, against United States citiVerDate Jan 31 2003 20:11 Jun 14, 2003 Jkt 019006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6601 E:\HR\OC\HR105P2.XXX HR105P2
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zens in Israel, in territory administered by Israel, or in territory administered by the Palestinian Authority, including—

ø(A) a list of all citizens of the United States killed or 

injured in such attacks; 

ø(B) the date of each attack and the total number of people killed or injured in each attack; 

ø(C) the person or group claiming responsibility for the 

attack and where such person or group has found refuge 

or support; 

ø(D) a list of suspects implicated in each attack and the 

nationality of each suspect, including information on—

ø(i) which suspects are in the custody of the Palestinian Authority and which suspects are in the custody of Israel; 

ø(ii) which suspects are still at large in areas controlled by the Palestinian Authority or Israel; and 

ø(iii) the whereabouts (or suspected whereabouts) of 

suspects implicated in each attack. 

ø(3) Of the suspects implicated in the attacks described in 

paragraph (2) and detained by Palestinian or Israeli authorities, information on—

ø(A) the date each suspect was incarcerated; 

ø(B) whether any suspects have been released, the date 

of such release, and whether any released suspect was implicated in subsequent acts of terrorism; and 

ø(C) the status of each case pending against a suspect, 

including information on whether the suspect has been indicted, prosecuted, or convicted by the Palestinian Authority or Israel. 

ø(4) The policy of the Department of State with respect to offering rewards for information on terrorist suspects, including 

any information on whether a reward has been posted for suspects involved in terrorist attacks listed in the report. 

ø(5) A list of each request by the United States for assistance 

in investigating terrorist attacks listed in the report, a list of 

each request by the United States for the transfer of terrorist 

suspects from the Palestinian Authority and Israel since September 13, 1993, and the response to each request from the 

Palestinian Authority and Israel. 

ø(6) A description of efforts made by United States officials 

since September 13, 1993 to bring to justice perpetrators of terrorist acts against United States citizens as listed in the report. 

ø(7) A list of any terrorist suspects in these cases who are 

members of Palestinian police or security forces, the Palestine 

Liberation Organization, or any Palestinian governing body. 

ø(8) A list of all United States citizens killed or injured in 

terrorist attacks in Israel or in territory administered by Israel 

between 1950 and September 13, 1993, to include in each case, 

where such information is reasonably available, any stated 

claim of responsibility and the resolution or disposition of each 

case, except that this list shall be submitted only once with the 

initial report required under this section unless additional relevant information on these cases becomes available. 

12

ø(b) CONSULTATION WITH OTHER DEPARTMENTS.—The Secretary 

of State shall, in preparing the report required by this section, consult and coordinate with all other Government officials who have 

information necessary to complete the report. Nothing contained in 

this section shall require the disclosure, on a classified or unclassified basis, of information that would jeopardize sensitive sources 

and methods or other vital national security interests or jeopardize 

ongoing criminal investigations or proceedings. 

ø(c) INITIAL REPORT.—Except as provided in subsection (a)(8), the 

initial report filed under this section shall cover the period between 

September 13, 1993 and the date of the report.¿

* * * * * * *

SECTION 305 OF THE MICROENTERPRISE FOR SELF-RELIANCE AND INTERNATIONAL ANTI-CORRUPTION ACT 

OF 2000

SEC. 305. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated ø$1,500,000¿ $2,500,000

for each fiscal year to carry out this title. 

* * * * * * *

FOREIGN ASSISTANCE ACT OF 1961

PART I 

CHAPTER 1—POLICY; DEVELOPMENT ASSISTANCE AUTHORIZATIONS

* * * * * * *

SEC. 116. HUMAN RIGHTS.—(a) * * *

* * * * * * *

(d) The Secretary of State shall transmit to the Speaker of the 

House of Representatives and the Committee on Foreign Relations 

of the Senate, by February 25 of each year, a full and complete report regarding— (1) * * *

* * * * * * *

(9) for each country with respect to which the report indicates that extrajudicial killings, torture, or other serious violations of human rights have occurred in the country, the extent 

to which the United States has taken or will take action to encourage an end to such practices in the country; øand¿

(10)(A)***

* * * * * * *

(C) such other information related to the use by such government of individuals under the age of 18 as soldiers, as determined to be appropriate by the Secretaryø.¿; and

(11)(A) wherever applicable, in a separate section with a separate heading, a description of the nature and extent of—

(i) propaganda in government and government-controlled 

media and other sources, including government-produced 

educational materials and textbooks, that attempt to justify 

13

or promote racial hatred or incite acts of violence against 

any race or people; and 

(ii) complicity or involvement in the creation of such 

propaganda or incitement of acts of violence against any 

race; and 

(B) a description of the actions, if any, taken by the government of the country to eliminate such propaganda or incitement.

* * * * * * *

CHAPTER 3—INTERNATIONAL ORGANIZATIONS AND PROGRAMS

SEC. 301. GENERAL AUTHORITY.—(a) * * *

(b)(1) For fiscal year 2004 and each subsequent fiscal year, funds 

appropriated to the President or the Department of State under any 

law for a voluntary contribution to the United Nations Population 

Fund (UNFPA) may be obligated and expended for such purpose beginning 30 days after such funds become available and only if the 

President certifies to the Congress that the United Nations Population Fund (UNFPA) does not directly support or participate in coercive abortion or involuntary sterilization. The certification authority of the President under the preceding sentence may not be delegated. 

(2) In paragraph (1), the term ‘‘directly supports or participates 

in coercive abortion or involuntary sterilization’’ means knowingly 

and intentionally working with a purpose to continue, advance, or 

expand the practice of coercive abortion or involuntary sterilization, 

or playing a primary and essential role in a coercive or involuntary 

aspect of a country’s family planning program.

* * * * * * *

CHAPTER 5—CONTINGENCIES

* * * * * * *

SEC. 502B. HUMAN RIGHTS.—(a) * * *

(b) The Secretary of State shall transmit to the Congress, as part 

of the presentation materials for security assistance programs proposed for each fiscal year, a full and complete report, prepared with 

the assistance of the Assistant Secretary of State for Democracy, 

Human Rights, and Labor and with the assistance of the Ambassador at Large for International Religious Freedom, with respect to 

practices regarding the observance of and respect for internationally recognized human rights in each country proposed as a recipient of security assistance. Wherever applicable, such report shall 

include consolidated information regarding the commission of war 

crimes, crimes against humanity, and evidence of acts that may 

constitute genocide (as defined in article 2 of the Convention on the 

Prevention and Punishment of the Crime of Genocide and modified 

by the United States instrument of ratification to that convention 

and section 2(a) of the Genocide Convention Implementation Act of 

1987). Wherever applicable, such report shall include information 

on practices regarding coercion in population control, including coerced abortion and involuntary sterilization. Such report shall also 

include, wherever applicable, information on violations of religious 

freedom, including particularly severe violations of religious freeVerDate Jan 31 2003 20:11 Jun 14, 2003 Jkt 019006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6601 E:\HR\OC\HR105P2.XXX HR105P2
14

dom (as defined in section 3 of the International Religious Freedom 

Act of 1998). Such report shall also include, for each country with 

respect to which the report indicates that extrajudicial killings, torture, or other serious violations of human rights have occurred in 

the country, the extent to which the United States has taken or 

will take action to encourage an end to such practices in the country. Each report under this section shall list the votes of each member of the United Nations Commission on Human Rights on all 

country-specific and thematic resolutions voted on at the Commission’s annual session during the period covered during the preceding year. Each report under this section shall describe the extent to which each country has extended protection to refugees, including the provision of first asylum and resettlement. Each report 

under this section shall also include (i) wherever applicable, a description of the nature and extent of the compulsory recruitment 

and conscription of individuals under the age of 18 by armed forces 

of the government of the country, government-supported 

paramilitaries, or other armed groups, the participation of such individuals in such groups, and the nature and extent that such individuals take a direct part in hostilities, (ii) what steps, if any, 

taken by the government of the country to eliminate such practices, 

and (iii) such other information related to the use by such government of individuals under the age of 18 as soldiers, as determined 

to be appropriate by the Secretary of State. Each report under this 

section shall also include wherever applicable, in a separate section 

with a separate heading, a description of (i) the nature and extent 

of (I) propaganda in government and government-controlled media 

and other sources, including government-produced educational materials and textbooks, that attempt to justify or promote racial hatred or incite acts of violence against any race, and (II) complicity 

or involvement in the creation of such propaganda or incitement of 

acts of violence against any race or people, and (ii) a description of 

the actions, if any, taken by the government of the country to eliminate such propaganda or incitement. In determining whether a government falls within the provisions of subsection (a)(3) and in the 

preparation of any report or statement required under this section, 

consideration shall be given to—

(1) * * *

* * * * * * *

SEC. 514. STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN

COUNTRIES.—(a) * * *

(b)(1)***

(2)(A) The value of such additions to stockpiles of defense articles 

in foreign countries shall not exceed $100,000,000 øfor fiscal year 

2003¿ for each of fiscal years 2003 and 2004. 

(B) Of the amount specified in subparagraph (A) øfor fiscal year 

2003¿ for each of fiscal years 2003 and 2004, not more than 

$100,000,000 may be made available for stockpiles in the State of 

Israel. 

* * * * * * *

SEC. 516. AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES. 

(a) * * *

* * * * * * *

15

(f) ADVANCE NOTIFICATION TO CONGRESS FOR TRANSFER OF CERTAIN EXCESS DEFENSE ARTICLES.—

(1) IN GENERAL.—The President may not transfer excess defense articles that are øsignificant military equipment (as defined in section 47(9) of the Arms Export Control Act)¿ major 

defense equipment (as defined in section 47(6) of the Arms Export Control Act) or excess defense articles valued (in terms of 

original acquisition cost) at $7,000,000 or more, under this section or under the Arms Export Control Act (22 U.S.C. 2751 et 

seq.) until 30 days after the date on which the President has 

provided notice of the proposed transfer to the congressional 

committees specified in section 634A(a) in accordance with procedures applicable to reprogramming notifications under that 

section. 

* * * * * * *

SEC. ø620G.¿ 620J. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT 

AID TERRORIST STATES. 

(a) * * *

* * * * * * *

SEC. 620K. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE. 

(a) LIMITATION.—

(1) IN GENERAL.—Notwithstanding any other provision of 

law, assistance may be provided under this Act or any other 

provision of law to the government of a Palestinian state only 

during a period for which a certification described in subsection 

(c) is in effect. The limitation contained in the preceding sentence shall not apply (A) to humanitarian or development assistance that is provided through nongovernmental organizations for the benefit of the Palestinian people in the West Bank 

and Gaza, or (B) to assistance that is intended to reform the 

Palestinian Authority and affiliated institutions, or a newly 

elected Palestinian governing entity, in order to help meet the 

requirements contained in subparagraphs (A) through (H) of 

subsection (c)(2) or to address the matters described in subparagraphs (A) through (E) of section 1705(2) of the Israeli-Palestinian Peace Enhancement Act of 2003. 

(2) WAIVER.—The President may waive the limitation of the 

first sentence of paragraph (1) if the President determines and 

certifies to the Committee on International Relations of the 

House of Representatives and the Committee on Foreign Relations of the Senate that it is vital to the national interest of the 

United States to do so. 

(b) CONGRESSIONAL NOTIFICATION.—

(1) IN GENERAL.—Assistance made available under this Act or 

any other provision of law to a Palestinian state may not be 

provided until 15 days after the date on which the President 

has provided notice thereof to the Committee on International 

Relations and the Committee on Appropriations of the House of 

Representatives and to the Committee on Foreign Relations and 

the Committee on Appropriations of the Senate in accordance 

with the procedures applicable to reprogramming notifications 

under section 634A(a) of this Act. 

16

(2) SUNSET.—Paragraph (1) shall cease to be effective beginning ten years after the date on which notice is first provided 

under such paragraph. 

(c) CERTIFICATION.—A certification described in this subsection is 

a certification transmitted by the President to Congress that—

(1) a binding international peace agreement exists between 

Israel and the Palestinians that—

(A) was freely signed by both parties; 

(B) guarantees both parties’ commitment to a border between two states that constitutes a secure and internationally recognized boundary for both states, with no remaining 

territorial claims; 

(C) provides a permanent resolution for both Palestinian 

refugees and Jewish refugees from Arab countries; and 

(D) includes a renunciation of all remaining Palestinian 

claims against Israel through provisions that commit both 

sides to the ‘‘end of the conflict’’; and 

(2) the new Palestinian government—

(A) has been democratically elected through free and fair 

elections, has exclusive authority and responsibility for governing the national affairs of the Palestinian state, and has 

achieved the reforms outlined by President Bush in his 

June 24, 2002, speech; 

(B) has completely renounced the use of violence against 

the State of Israel and its citizens, is vigorously attempting 

to prevent any acts of terrorism against Israel and its citizens, and punishes the perpetrators of such acts in a manner commensurate with their actions; 

(C) has dismantled, and terminated the funding of, any 

group within its territory that conducts terrorism against 

Israel; 

(D) is engaging in ongoing and extensive security cooperation with the State of Israel; 

(E) refrains from any officially sanctioned or funded 

statement or act designed to incite Palestinians or others 

against the State of Israel and its citizens; 

(F) has an elected leadership not compromised by terror; 

(G) is demilitarized; and 

(H) has no alliances or agreements that pose a threat to 

the security of the State of Israel. 

(d) RECERTIFICATIONS.—Not later than 90 days after the date on 

which the President transmits to Congress an initial certification 

under subsection (c), and every 6 months thereafter for the 10-year 

period beginning on the date of transmittal of such certification—

(1) the President shall transmit to Congress a recertification 

that the requirements contained in subsection (c) are continuing 

to be met; or 

(2) if the President is unable to make such a recertification, 

the President shall transmit to Congress a report that contains 

the reasons therefor. 

(e) RULE OF CONSTRUCTION.—A certification under subsection (c) 

shall be deemed to be in effect beginning on the day after the last 

day of the 10-year period described in subsection (d) unless the 

President subsequently determines that the requirements contained 

17

in subsection (c) are no longer being met and the President transmits to Congress a report that contains the reasons therefor. 

SEC. 620L. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN 

STATE. 

(a) ASSISTANCE.—The President is authorized to provide assistance to a Palestinian state in accordance with the requirements of 

this section. 

(b) ACTIVITIES TO BE SUPPORTED.—Assistance provided under 

subsection (a) shall be used to support activities within a Palestinian state to substantially improve the economy and living conditions of the Palestinians by, among other things, providing for economic development in the West Bank and Gaza, continuing to promote democracy and the rule of law, developing water resources, assisting in security cooperation between Israelis and Palestinians, 

and helping with the compensation and rehabilitation of Palestinian refugees. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts made 

available to carry out chapter 4 of part II of this Act for a fiscal 

year, there are authorized to be appropriated to the President to 

carry out subsections (a) and (b) such sums as may be necessary for 

each such fiscal year. 

(d) COORDINATION OF INTERNATIONAL ASSISTANCE.—

(1) IN GENERAL.—Beginning on the date on which the President transmits to Congress an initial certification under section 

620K(c) of this Act, the Secretary of State shall seek to convene 

one or more donors conferences to gain commitments from other 

countries, multilateral institutions, and nongovernmental organizations to provide economic assistance to Palestinians to ensure that such commitments to provide assistance are honored 

in a timely manner, to ensure that there is coordination of assistance among the United States and such other countries, 

multilateral institutions, and nongovernmental organizations, 

to ensure that the assistance provided to Palestinians is used 

for the purposes for which is was provided, and to ensure that 

other countries, multilateral institutions, and nongovernmental 

organizations do not provide assistance to Palestinians through 

entities that are designated as terrorist organizations under 

United States law. 

(2) REPORT.—Not later than 180 days after the date of the enactment of this section, and on an annual basis thereafter, the 

Secretary of State shall prepare and submit to the Committee 

on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that describes the activities undertaken to meet the 

requirements of paragraph (1), including a description of 

amounts committed, and the amounts provided, to a Palestinian state or Palestinians during the reporting period by each 

country and organization.

* * * * * * *

SEC. 656. ANNUAL FOREIGN MILITARY TRAINING REPORT. 

(a) ANNUAL REPORT.—

(1) IN GENERAL.—Not later than øJanuary 31¿ March 1 of 

each year, the Secretary of Defense and the Secretary of State 

18

shall jointly prepare and submit to the appropriate congressional committees a report on all military training provided to 

foreign military personnel by the Department of Defense and 

the Department of State during the previous fiscal year øand 

all such training proposed for the current fiscal year¿. 

* * * * * * *

SEC. 660. PROHIBITING POLICE TRAINING.—(a) * * *

(b) Subsection (a) of this section shall not apply— (1) * * *

* * * * * * *

(7) with respect to assistance provided to customs authorities 

and personnel, including training, technical assistance and 

equipment, for customs law enforcement and the improvement 

of customs laws, systems and proceduresø.¿; or

Notwithstanding clause (2), subsection (a) shall apply to any renewal or extension of any contract referred to in such paragraph 

entered into on or after such date of enactment.

(8) with respect to assistance provided to enhance the effectiveness and accountability of civilian police authority through 

training and technical assistance in internationally recognized 

human rights, the rule of law, strategic planning, and counternarcotics, and through the promotion of civilian police roles 

that support democratic governance, including programs to 

combat corruption and the trafficking of persons, particularly 

by organized crime, prevent conflict, and foster improved police 

relations with the communities in which they serve.

* * * * * * *

SECTION 404 OF THE ASIA FOUNDATION ACT 

øFUNDING

øSEC. 404. There is authorized to be appropriated to the Sec- retary of State $15,000,000 for the fiscal year 2003 for grants to 

The Asia Foundation pursuant to this title.¿

SEC. 404. There is authorized to be appropriated to the Secretary of State $18,000,000 for the fiscal year 2004 and $18,000,000 for the 

fiscal year 2005 for grants to The Asia Foundation pursuant to this 

title.

STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956

* * * * * * *

TITLE I—BASIC AUTHORITIES GENERALLY 

ORGANIZATION OF THE DEPARTMENT OF STATE

SECTION 1. (a) * * *

(b) UNDER SECRETARIES.—

(1) * * *

* * * * * * *

(3) UNDER SECRETARY FOR PUBLIC DIPLOMACY.—There shall 

be in the Department of State, among the Under Secretaries 

19

authorized by paragraph (1), an Under Secretary for Public Diplomacy, who shall have primary responsibility to assist the 

Secretary and the Deputy Secretary in the øformation and implementation of United States public diplomacy policies and activities, including international educational and cultural exchange programs, information, and international broadcasting.¿ formation, supervision, and implementation of United 

States public diplomacy policies, programs, and activities, including the provision of guidance to Department personnel in 

the United States and overseas who conduct or implement such 

policies, programs, and activities. The Under Secretary for Public Diplomacy shall assist the United States Agency for International Broadcasting in presenting the policies of the United 

States clearly and effectively, shall submit statements of United 

States policy and editorial material to the Agency for broadcast 

consideration in addition to material prepared by the Agency, 

and shall ensure that editorial material created by the Agency 

for broadcast is reviewed expeditiously by the Department.

* * * * * * *

SEC. 2. The Secretary of State, may use funds appropriated or 

otherwise available to the Secretary to—

(a) * * *

* * * * * * *

ADMINISTRATIVE SERVICES

SEC. 23. (a) AGREEMENTS.—Whenever the head of any Federal 

agency performing any foreign affairs functions (including, but not 

limited to, the Department of State, the øBroadcasting Board of 

Governors,¿ United States International Broadcasting Agency, and 

the Agency for International Development) determines that administrative services performed in common by the Department of State 

and one or more other such agencies may be performed more advantageously and more economically on a consolidated basis, the 

Secretary of State and the heads of the other agencies concerned 

may, subject to the approval of the Director of the Office of Management and Budget, conclude an agreement which provides for 

the transfer to and consolidation within the Department or within 

one of the other agencies concerned of so much of the functions, 

personnel, property, records, and funds of the Department and of 

the other agencies concerned as may be necessary to enable the 

performance of those administrative services on a consolidated 

basis for the benefit of all agencies concerned. Agreements for consolidation of administrative services under this section shall provide for reimbursement or advances of funds from the agency receiving the service to the agency performing the service in amounts 

which will approximate the expense of providing administrative 

services for the serviced agency. 

* * * * * * *

SEC. 25. (a)***

* * * * * * *

(f) The authorities available to the Secretary of State under this 

section with respect to the Department of State shall be available 

20

to the øBroadcasting Board of Governors¿ United States International Broadcasting Agency and the Administrator of the Agency 

for International Development with respect to øthe Board and the 

Agency¿ their respective agencies. SEC. 26. (a)***

(b) The authority available to the Secretary of State under this 

section shall be available to the øBroadcasting Board of Governors,¿ United States International Broadcasting Agency and the 

Administrator of the Agency for International Development with 

respect to øthe Board and the Agency¿ their respective agencies. 

* * * * * * *

SEC. 32. The Secretary of State may pay, without regard to section 5702 of title 5, United States Code, subsistence expenses of (1) 

special agents of the Department of State who are on authorized 

protective missions, and (2) members of the Foreign Service and 

employees of the Department who are required to spend extraordinary amounts of time in travel status. The authorities available 

to the Secretary of State under this section with respect to the Department of State shall be available to the øBroadcasting Board of 

Governors¿ United States International Broadcasting Agency and 

the Administrator of the Agency for International Development 

with respect to their respective agencies, except that the authority 

of clause (2) shall be available with respect to those agencies only 

in the case of members of the Foreign Service and employees of the 

agency who are performing security-related functions abroad. 

* * * * * * *

SPECIAL AGENTS

SEC. 37. (a)***

* * * * * * *

(d) ADMINISTRATIVE SUBPOENAS.—

(1) IN GENERAL.—If the Secretary determines that there is an 

imminent threat against a person, foreign mission, or international organization protected under the authority of subsection (a)(3), the Secretary may issue in writing, and cause to 

be served, a subpoena requiring—

(A) the production of any records or other items relevant 

to the threat; and 

(B) testimony by the custodian of the items required to be 

produced concerning the production and authenticity of 

those items. 

(2) REQUIREMENTS.—

(A) RETURN DATE.—A subpoena under this subsection 

shall describe the items required to be produced and shall 

specify a return date within a reasonable period of time 

within which the requested items may be assembled and 

made available. The return date specified may not be less 

than 24 hours after service of the subpoena. 

(B) NOTIFICATION TO ATTORNEY GENERAL.—As soon as 

practicable following the issuance of a subpoena under this 

subsection, the Secretary shall notify the Attorney General 

of its issuance. 

21

(C) OTHER REQUIREMENTS.—The following provisions of 

section 3486 of title 18, United States Code, shall apply to 

the exercise of the authority of paragraph (1): 

(i) Paragraphs (4) through (8) of subsection (a). 

(ii) Subsections (b), (c), and (d). 

(3) DELEGATION OF AUTHORITY.—The authority under this 

subsection may be delegated only to the Deputy Secretary of 

State. 

(4) ANNUAL REPORT.—Not later than February 1 of each year, 

the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report regarding the exercise of the authority under this subsection during the previous 

calendar year.

* * * * * * *

SEC. 59. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT 

OF STATE. 

(a) IN GENERAL.—The Secretary of State shall make public diplomacy an integral component in the planning and execution of 

United States foreign policy. The Department of State, in coordination with the United States International Broadcasting Agency, 

shall develop a comprehensive strategy for the use of public diplomacy resources and assume a prominent role in coordinating the efforts of all Federal agencies involved in public diplomacy. Public diplomacy efforts shall be addressed to developed and developing 

countries, to select and general audiences, and shall utilize all 

available media to ensure that the foreign policy of the United 

States is properly explained and understood not only by the governments of countries but also by their peoples, with the objective of enhancing support for United States foreign policy. The Secretary 

shall ensure that the public diplomacy strategy of the United States 

is cohesive and coherent and shall aggressively and through the 

most effective mechanisms counter misinformation and propaganda 

concerning the United States. The Secretary shall endeavor to articulate the importance in American foreign policy of the guiding 

principles and doctrines of the United States, particularly freedom 

and democracy. The Secretary, in coordination with the Board of 

Governors of the United States International Broadcasting Agency, 

shall develop and articulate long-term measurable objectives for 

United States public diplomacy. The Secretary is authorized to 

produce and distribute public diplomacy programming for distribution abroad in order to achieve public diplomacy objectives, including through satellite communication, the Internet, and other established and emerging communications technologies. 

(b) INFORMATION CONCERNING UNITED STATES ASSISTANCE.—

(1) IDENTIFICATION OF ASSISTANCE.—In cooperation with the 

United States Agency for International Development (USAID) 

and other public and private assistance organizations and 

agencies, the Secretary shall ensure that information concerning 

foreign assistance provided by the United States Government, 

United States nongovernmental organizations and private entities, and the American people is disseminated widely and 

prominently, particularly, to the extent practicable, within countries and regions that receive such assistance. The Secretary 

22

shall ensure that, to the extent practicable, projects funded by 

the United States Agency for International Development 

(USAID) that do not involve commodities, including projects 

implemented by private voluntary organizations, are identified 

as being supported by the United States of America, as American Aid or provided by the American people. 

(2) REPORT TO CONGRESS.—Not later than 120 days after the 

end of each fiscal year, the Secretary shall submit a report to 

the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate on efforts to disseminate information concerning assistance 

described in paragraph (1) during the preceding fiscal year. 

Each such report shall include specific information concerning 

all instances in which the United States Agency for International Development has not identified projects in the manner 

prescribed in paragraph (1) because such identification was not 

practicable. Any such report shall be submitted in unclassified 

form, but may include a classified appendix. 

(c) AUTHORITY.— Subject to the availability of appropriations, the 

Secretary may contract with and compensate government and private agencies or persons for property and services to carry out this 

section. 

SEC. 60. COLIN POWELL CENTER FOR AMERICAN DIPLOMACY. 

(a) DESIGNATION.—The diplomacy center of the Department of 

State, located in the Harry S Truman building, is hereby designated 

as the ‘‘Colin Powell Center for American Diplomacy’’ (hereinafter in 

this section referred to as the ‘‘Center’’). 

(b) ACTIVITIES.— (1) SUPPORT AUTHORIZED.—The Secretary of State is authorized to provide by contract, grant, or otherwise, for the performance of appropriate museum visitor and educational outreach 

services, including organizing conference activities, museum 

shop services, and food services, in the public exhibit and related space utilized by the Center. 

(2) PAYMENT OF EXPENSES.—The Secretary may pay all reasonable expenses of conference activities conducted by the Center, including refreshments and reimbursement of travel expenses incurred by participants. 

(3) RECOVERY OF COSTS.—Any revenues generated under the 

authority of paragraph (1) for visitor services may be retained, 

as a recovery of the costs of operating the Center, and credited 

to any Department of State appropriation. 

(c) DISPOSITION OF CENTER ARTIFACTS AND MATERIALS.—

(1) PROPERTY OF SECRETARY.—All historic documents, artifacts, or other articles permanently acquired by the Department 

of State and determined by the Secretary to be suitable for display in the Center shall be considered to be the property of the 

Secretary in the Secretary’s official capacity and shall be subject to disposition solely in accordance with this subsection. 

(2) SALE OR TRADE.—Whenever the Secretary makes the determination under paragraph (3) with respect to an item, the Secretary may sell at fair market value, trade, or transfer the item, 

without regard to the requirements of subtitle I of title 40, 

United States Code. The proceeds of any such sale may be used 

solely for the advancement of the Center’s mission and may not 

23

be used for any purpose other than the acquisition and direct 

care of collections. 

(3) DETERMINATIONS PRIOR TO SALE OR TRADE.—The determination referred to in paragraph (2), with respect to an item, 

is a determination that— (A) the item no longer serves to further the purposes of 

the Center established in the collections management policy 

of the Center; or 

(B) in order to maintain the standards of the collections 

of the Center, the sale or exchange of the item would be a 

better use of the item. 

(4) LOANS.—The Secretary may also lend items covered by 

paragraph (1), when not needed for use or display in the Center, to the Smithsonian Institution or a similar institution for 

repair, study, or exhibition.

* * * * * * *

UNITED STATES INFORMATION AND EDUCATIONAL 

EXCHANGE ACT OF 1948

* * * * * * *

TITLE V—DISSEMINATING INFORMATION ABOUT THE 

UNITED STATES ABROAD 

* * * * * * *

USIA SATELLITE AND TELEVISION

SEC. 505. (a) IN GENERAL.—The øBroadcasting Board of Governors¿ United States International Broadcasting Agency is authorized to lease or otherwise acquire time on commercial or United 

States Government satellites for the purpose of transmitting materials and programs to posts and other users abroad. 

(b) BROADCAST PRINCIPLES.—The Congress finds that the longterm interests of the United States are served by communicating 

directly with the peoples of the world by television. To be effective, 

the øBroadcasting Board of Governors¿ United States International 

Broadcasting Agency must win the attention and respect of viewers. These principles will therefore govern the television broadcasts 

of the United States International Television Service: 

(1) * * *

* * * * * * *

(c) PROGRAMS.—The øBroadcasting Board of Governors¿ United 

States International Broadcasting Agency is authorized to produce, 

acquire, or broadcast television programs, via satellite, only if such 

programs—

(1) * * *

* * * * * * *

(d) COSTS.—When a comparable program produced by United 

States public or commercial broadcasters and producers is available 

at a cost which is equal to or less than the cost of production by 

the United States International Television Service, the øBroadcasting Board of Governors¿ United States International BroadVerDate Jan 31 2003 20:11 Jun 14, 2003 Jkt 019006 PO 00000 Frm 00023 Fmt 6659 Sfmt 6601 E:\HR\OC\HR105P2.XXX HR105P2
24

casting Agency shall use such materials in preference to the United 

States International Television Service produced materials. 

(e) ALLOCATION OF FUNDS.—(1) Of the funds authorized to be appropriated to the øBroadcasting Board of Governors¿ United States 

International Broadcasting Agency not more than $12,000,000 for 

the fiscal year 1990 and not more than $12,480,000 for the fiscal 

year 1991 may be obligated or expended for the United States 

International Television Service. 

(2) The øBroadcasting Board of Governors¿ United States International Broadcasting Agency shall prepare and submit to the Congress quarterly reports which contain a detailed explanation of expenditures for USIA–TV during the fiscal years 1990 and 1991. 

Such reports shall contain specific justification and supporting information pertaining to all programs, particularly those described 

in subsection (c)(4), that were produced in-house by USIA–TV. 

Each such report shall include a statement by the øBroadcasting 

Board of Governors¿ United States International Broadcasting 

Agency that, according to the best information available to the 

øBroadcasting Board of Governors¿ United States International 

Broadcasting Agency, no comparable United States commerciallyproduced or public television program is available at a cost which 

is equal to or less than the cost of production by USIA–TV. 

(3) Of the funds authorized to be appropriated to the øBroadcasting Board of Governors¿ United States International Broadcasting Agency, $1,500,000 for the fiscal year 1990 and $1,500,000 

for the fiscal year 1991 shall be available only for the purchase or 

use of programs produced with grants from the Corporation for 

Public Broadcasting or produced by United States public broadcasters. 

VOICE OF AMERICA HIRING PRACTICES

SEC. 506. (a)***

* * * * * * *

(c) REPORT.—If the øBroadcasting Board of Governors¿ United 

States International Broadcasting Agency determines that the prohibition under subsection (a) would require the termination of a 

specific Voice of America foreign language service, then, not less 

than 90 days before the Board begins to recruit such candidates, 

the Board shall submit to the Committee on Foreign Relations of 

the Senate and the Committee on Foreign Affairs of the House of 

Representatives a report concerning—

(1) the number and location of speakers of the applicable foreign language who could be recruited by the Voice of America 

without violating this section; and 

(2) the efforts made by the Voice of America to recruit such 

individuals for employment. 

TITLE VI—ADVISORY COMMISSIONS TO FORMULATE 

POLICIES 

* * * * * * *

25

SEC. 604. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY. 

(a) ESTABLISHMENT.—ø(1) There is established an advisory commission to be known as the United States Advisory Commission on 

Public Diplomacy.¿

(1) There is established an advisory commission to be known 

as the United States Advisory Commission on Public Diplomacy 

and International Media.

(2) The Commission shall consist of seven members appointed by the President, by and with the advice and consent 

of the Senate. The members of the Commission shall represent 

the public interest and shall be selected from a cross section 

of educational, communications, cultural, scientific, technical, 

public service, labor, business, and professional backgrounds. 

Not more than four members shall be from any one political 

party. At least 4 members shall have substantial experience in 

the conduct of public diplomacy or comparable activities in the 

private sector. At least 1 member shall be an American residing 

abroad. No member may be an officer or employee of the United 

States.

* * * * * * *

(c) DUTIES AND RESPONSIBILITIES.—(1) * * *

ø(2) The Commission shall submit to the Congress, the President, the Secretary of State, and the Director of the United States 

Information Agency annual reports on programs and activities carried out by the Agency, including appraisals, where feasible, as to 

the effectiveness of the several programs. The Commission shall 

also include in such reports such recommendations as shall have 

been made by the Commission to the Director for effectuating the 

purposes of the Agency, and the action taken to carry out such recommendations.¿

(2)(A) Not less often than every two years, the Commission shall 

undertake an in-depth review of United States public diplomacy 

programs, policies, and activities. Each study shall assess the effectiveness of the various mechanisms of United States public diplomacy, in light of factors including public and media attitudes 

around the world toward the United States, Americans, United 

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

community abroad, and make appropriate recommendations. 

(B) A comprehensive report of each study under subparagraph (A) 

shall be submitted to the Secretary of State and the appropriate congressional committees. At the discretion of the Commission, any report under this subsection may be submitted in classified or unclassified form, as appropriate.

* * * * * * *

(5) The Commission shall—

(A) advise the Coordinator for International Free Media 

on issues relating to the promotion of international press 

freedoms and free media; 

(B) assist the Coordinator for International Free Media 

in monitoring and assessing the status of free media worldwide; 

(C) consult with the Coordinator on the administration of 

the International Free Media Fund; and 

26

(D) make policy recommendations to the President, the 

Secretary of State, and Congress with respect to matters involving international press freedoms and free media.

* * * * * * *

ACT OF JULY 3, 1926

Chap. 772.—AN ACT To regulate the issue and validity of passports, and for other 

purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That the Secretary of State may grant and issue passports, and cause passports 

to be granted, issued, and verified in foreign countries by diplomatic and consular officers of the United States, and by such other 

employees of the Department of State who are citizens of the 

United States, as the Secretary of State may designate, and by the 

chief or other executive officer of the insular possessions of the 

United States, under such rules as the President shall designate 

and prescribe for and on behalf of the United States, and no other 

person shall grant, issue, or verify such passports. For purposes of 

the issuance of a passport of a United States citizen born in the city 

of Jerusalem, the Secretary shall, upon the request of the citizen or 

the citizen’s legal guardian, record the place of birth as Israel. Unless authorized by law, a passport may not be designated as restricted for travel to or for use in any country other than a country 

with which the United States is at war, where armed hostilities are 

in progress, or where there is imminent danger to the public health 

or the physical safety of United States øtravelers.¿ travelers, and 

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

States is providing assistance authorized by the Foreign Assistance 

Act of 1961.

* * * * * * *

FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL 

YEARS 1988 AND 1989

* * * * * * *

TITLE I—THE DEPARTMENT OF STATE 

* * * * * * *

PART B—DEPARTMENT OF STATE AUTHORITIES AND 

ACTIVITIES; FOREIGN MISSIONS 

* * * * * * *

SEC. 140. ANNUAL COUNTRY REPORTS ON TERRORISM. 

(a) * * *

(b) PROVISIONS TO BE INCLUDED IN REPORT.—The report required under subsection (a) should to the extent feasible include 

(but not be limited to)—

(1) * * *

(2) with respect to subsection (a)(2), any—

27

(A) * * *

* * * * * * *

(D) provision by foreign governments of sanctuary from 

prosecution to these groups or their members responsible 

for the commission, attempt, or planning of an act of international terrorism; øand¿

(E) efforts by the United States to eliminate international financial support provided to those groups directly 

or provided in support of their activitiesø.¿; and

(F) for the reports due through May 1, 2005, information 

concerning terrorist attacks in Israel, territory administered 

by Israel, and territory administered by the Palestinian Authority, including—

(i) a list of all citizens of the United States killed or 

injured in such attacks during the previous year; 

(ii) the date of each attack and the total number of 

people killed or injured in each attack; 

(iii) the person or group claiming responsibility for 

the attack and where such person or group has found 

refuge or support; 

(iv) to the extent possible, a list of suspects implicated in each attack and the nationality of each suspect, including information on their whereabouts (or 

suspected whereabouts); 

(v) a list of any terrorist suspects in these cases who 

are members of Palestinian police or security forces, the 

Palestine Liberation Organization, or any Palestinian 

governing body; 

(vi) the status of each case pending against a suspect, 

including information on whether the suspect has been 

arrested, detained, indicted, prosecuted, or convicted by 

the Palestinian Authority or Israel, and if detained 

and then released, the date of such release, and whether any released suspect was implicated in subsequent 

acts of terrorism; 

(vii) available information on convictions, releases or 

changes in the situation of suspects involved in attacks 

committed prior to December 31, 2003, and not covered 

in previous reports submitted under section 805(a) of 

the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 

and 2001; and 

(viii) the policy of the Department of State with respect to offering rewards for information on terrorist 

suspects, including any information on whether a reward has been posted for suspects involved in terrorist 

attacks listed in the report.

* * * * * * *

PART D—PERSONNEL MATTERS 

* * * * * * *

28

SEC. 172. PROTECTION OF CIVIL SERVICE EMPLOYEES. 

(a) * * *

* * * * * * *

ø(c) ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR

CIVIL SERVICE EMPLOYEES.—There is established in the Office of 

the Secretary of State the position of Ombudsman for Civil

Service Employees. The position of Ombudsman for Civil Service 

Employees shall be a career reserved position within the Senior Executive Service. The Ombudsman for Civil Service Employees shall 

report directly to the Secretary of State and shall have the right 

to participate in all Management Council meetings to assure that 

the ability of the Civil Service employees to contribute to the 

achievement of the Department’s mandated responsibilities and the 

career interests of those employees are adequately represented. 

The position of Ombudsman for Civil Service Employees shall be 

designated from one of the Senior Executive Service positions (as 

defined in section 3132(a)(2) of title 5, United States Code) in existence on the date of enactment of this Act.¿

ø(d)¿ (c) DEFINITION.—For purposes of this section, the term ‘‘Civil Service employees’’ means employees of the Federal Government except for members of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980). 

* * * * * * *

SECTION 2642 OF TITLE 10, UNITED STATES CODE 

§ 2642. Reimbursement rate for airlift services provided to 

Central Intelligence Agency and Department of State

(a) AUTHORITY.—The Secretary of Defense may authorize the use 

of the Department of Defense reimbursement rate for military airlift services provided by a component of the Department of Defense 

to the Central Intelligence øAgency,¿ Agency or the Department of 

State, if the Secretary of Defense determines that those military 

airlift services are provided for activities related to national security objectives. 

* * * * * * *

FOREIGN SERVICE BUILDINGS ACT, 1926

Chap. 250.—AN ACT For the acquisition of buildings and grounds in foreign 

countries for the use of the Government of the United States of America. 

Be it enacted by the Senate the House of Representatives of the 

United States of America in Congress assembled, That (1)***

* * * * * * *

(c) SECURITY CAPITAL COST-SHARING PROGRAM.—(1) The Secretary of State, as the single manager of all buildings and grounds 

acquired under this Act or otherwise acquired or authorized for the 

use of the diplomatic and consular establishments in foreign countries, is authorized to establish and implement a Security Capital 

Cost-Sharing Program to collect funds from each agency on the 

basis of its total overseas presence in a manner that encourages 

rightsizing of its overseas presence, and expend those funds to accelVerDate Jan 31 2003 20:11 Jun 14, 2003 Jkt 019006 PO 00000 Frm 00028 Fmt 6659 Sfmt 6603 E:\HR\OC\HR105P2.XXX HR105P2
29

erate the provision of safe, secure, functional buildings for United 

States Government personnel overseas. 

(2) The Secretary is authorized to determine annually and charge 

each Federal agency the amount to be collected under paragraph (1) 

from the agency. To determine such amount, the Secretary may prescribe and use a formula that takes into account the number of authorized positions of each agency, including contractors and locally 

hired personnel, who are assigned to United States diplomatic facilities and are under the authority of a chief of mission pursuant 

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

(3) The head of an agency charged a fee under this section shall 

remit the amount of the fee to the Secretary of State through the 

Intra-Governmental Payment and Collection System or other appropriate means. 

(4) There shall be established on the books of the Treasury an account to be known as the ‘‘Security Capital Cost-Sharing Program 

Fund’’, which shall be administered by the Secretary. There shall be 

deposited into the account all amounts collected by the Secretary 

pursuant to the authority under paragraph (1), and such funds 

shall remain available until expended. Such funds shall be used 

solely for the provision of new safe, secure, functional diplomatic facilities that comply with all applicable legal standards, including 

those standards established under the authority of the Secure Embassy Construction and Counterterrorism Act of 1999. The Secretary 

shall include in the Department of State’s Congressional Presentation Document an accounting of the sources and uses of the 

amounts deposited into the account. 

(5) The Secretary shall not collect a fee for an authorized position 

of an agency of the Federal Government that has been or would be 

granted a waiver pursuant to section 606(a)(2)(B)(i) of the Secure 

Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 

4865(a)(2)(B)(i)). 

(6) In this subsection— (A) the term ‘‘agency of the Federal Government’’—

(i) includes the Interagency Cooperative Administrative 

Support Service; and 

(ii) does not include the Marine Security Guard; and 

(B) the term ‘‘United States diplomatic facility’’ has the meaning given that term in section 603 of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 

note).

* * * * * * *

FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL 

YEARS 1994 AND 1995

* * * * * * *

TITLE I—DEPARTMENT OF STATE AND 

RELATED AGENCIES 

* * * * * * *

30

PART B—AUTHORITIES AND ACTIVITIES 

* * * * * * *

SEC. 140. VISAS. 

(a) SURCHARGE FOR PROCESSING CERTAIN VISAS.—Authority in 

this section delegated to the Secretary of State is further delegated 

to the Under Sehe fiscal years 2004 and 2005, any amount that exceeds $700,000,000 may be made available only if a notification is 

submitted to Congress in accordance with the procedures applicable to reprogramming notifications under section 34 of the State 

Department Basic Authorities Act of 1956.

* * * * * * *

TITLE II—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS 

* * * * * * *

PART B—USIA AND RELATED AGENCIES 

AUTHORITIES AND ACTIVITIES 

* * * * * * *

SEC. 237. SCHOLARSHIPS FOR EAST TIMORESE STUDENTS. 

Notwithstanding any other provision of law, the Bureau of Educational and Cultural Affairs of the United States Information 

Agency shall make available for each of the fiscal years 1994 and 

1995, scholarships for East Timorese students qualified to study in 

the United States for the purpose of studying at the graduate or

undergraduate level in a United States college or university. Each 

scholarship made available under this subsection shall be for not 

less than one semester of study. 

* * * * * * *

TITLE IV—INTERNATIONAL ORGANIZATIONS 

PART A—UNITED NATIONS REFORM AND PEACEKEEPING 

OPERATIONS 

* * * * * * *

SEC. 404. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEPING OPERATIONS. 

(a) * * *

(b) LIMITATION ON UNITED STATES CONTRIBUTIONS.—

(1) * * *

(2) SUBSEQUENT FISCAL YEARS.—(A) * * *

(B) REDUCTION IN UNITED STATES SHARE OF ASSESSED

CONTRIBUTIONS.—Notwithstanding the percentage limitation contained in subparagraph (A), the United States 

share of assessed contributions for each United Nations 

peacekeeping operation during the following periods is authorized to be as follows: 

31

(i) * * *

* * * * * * *

(v) For assessments made during calendar year 2005 

and calendar year 2006, 27.10 percent.

* * * * * * *

FOREIGN SERVICE ACT OF 1980 

* * * * * * *

TITLE I—THE FOREIGN SERVICE OF THE UNITED STATES 

* * * * * * *

CHAPTER 2—MANAGEMENT OF THE SERVICE

* * * * * * *

SEC. 202. OTHER AGENCIES UTILIZING THE FOREIGN SERVICE PERSONNEL SYSTEM.—(a)(1) The øBroadcasting Board of Governors¿

United States International Broadcasting Agency and the Administrator of the Agency for International Development may utilize the 

Foreign Service personnel system with respect to their respective 

agencies in accordance with this Act. 

* * * * * * *

SEC. 210. BOARD OF THE FOREIGN SERVICE.—The President shall 

establish a Board of the Foreign Service to advise the Secretary of 

State on matters relating to the Service, including furtherance of 

the objectives of maximum compatibility among agencies authorized by law to utilize the Foreign Service personnel system and 

compatibility between the Foreign Service personnel system and 

the other personnel systems of the Government. The Board of the 

Foreign Service shall be chaired by an individual appointed by the 

President and shall include one or more representatives of the Department of State, the øBroadcasting Board of Governors¿ United 

States International Broadcasting Agency, the Agency for International Development, the Department of Agriculture, the Department of Commerce, the Department of Labor, the Office of Personnel Management, the Office of Management and Budget, the 

Equal Employment Opportunity Commission, and such other agencies as the President may designate. 

* * * * * * *

CHAPTER 3—APPOINTMENTS

* * * * * * *

SEC. 305. APPOINTMENT TO THE SENIOR FOREIGN SERVICE.—

(a) * * *

* * * * * * *

ø(d) The Secretary shall by regulation establish a recertification 

process for members of the Senior Foreign Service that is equivalent to the recertification process for the Senior Executive Service 

under section 3993a of title 5, United States Code.¿

* * * * * * *

32

CHAPTER 4—COMPENSATION

* * * * * * *

SEC. 406. WITHIN-CLASS SALARY INCREASES.—(a) * * *

(b) The Secretary may grant, on the basis of especially meritorious service, to any member of the Service øreceiving an increase in salary under subsection (a),¿ an additional salary increase to any higher step in the salary class in which the member 

is serving. 

* * * * * * *

CHAPTER 6—PROMOTION AND RETENTION

* * * * * * *

SEC. 603. BASIS FOR SELECTION BOARD REVIEW.—(a) * * *

(b) Precepts for selection boards shall include a description of the 

needs of the Service for performance requirements, skills, and 

qualities, which are to be considered in recommendations for promotion. The precepts for selection boards responsible for recommending promotions into and within the Senior Foreign Service 

shall emphasize performance which demonstrates the strong policy 

formulation capabilities, executive leadership qualities, and highly 

developed functional and area expertise, which are required for the 

Senior Foreign Serviceø.¿, and shall consider whether the member 

of the Service has served in a position whose primary responsibility 

is to formulate policy towards or represent the United States at an 

international organization, a multilateral institution, or a broadbased multilateral negotiation of an international instrument.

* * * * * * *

CHAPTER 7—CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

* * * * * * *

SEC. 708. TRAINING FOR FOREIGN SERVICE OFFICERS. 

ø(a) The¿ (a) TRAINING ON HUMAN RIGHTS.—The Secretary of 

State, with the assistance of other relevant officials, such as the 

Ambassador at Large for International Religious Freedom appointed under section 101(b) of the International Religious Freedom Act of 1998 and the director of the George P. Shultz National 

Foreign Affairs Training Center, shall establish as part of the 

standard training provided after January 1, 1999, for officers of the 

Service, including chiefs of mission, instruction in the field of internationally recognized human rights. Such training shall include—

(1) * * *

* * * * * * *

ø(b) The¿ (b) TRAINING ON REFUGEE LAW AND RELIGIOUS PERSECUTION.—The Secretary of State shall provide sessions on refugee 

law and adjudications and on religious persecution to each individual seeking a commission as a United States consular officer. 

The Secretary shall also ensure that any member of the Service 

who is assigned to a position that may be called upon to assess requests for consideration for refugee admissions, including any consular officer, has completed training on refugee law and refugee adjudications in addition to the training required in this section.

(c) TRAINING IN MULTILATERAL DIPLOMACY.—

33

(1) IN GENERAL.—The Secretary shall establish a series of 

training courses for officers of the Service, including appropriate chiefs of mission, on the conduct of diplomacy at international organizations and other multilateral institutions and 

at broad-based multilateral negotiations of international instruments. 

(2) PARTICULAR PROGRAMS.—The Secretary shall ensure that 

the training described in paragraph (1) is provided at various 

stages of the career of members of the Service. In particular, the 

Secretary shall ensure that after January 1, 2004— (A) officers of the Service receive training on the conduct 

of diplomacy at international organizations and other multilateral institutions and at broad-based multilateral negotiations of international instruments as part of their training upon entry of the Service; and 

(B) officers of the Service, including chiefs of mission, 

who are assigned to United States missions representing 

the United States to international organizations and other 

multilateral institutions or who are assigned in Washington, D.C. to positions that have as their primary responsibility formulation of policy towards such organizations 

and institutions or towards participation in broad-based 

multilateral negotiations of international instruments receive specialized training in the areas described in paragraph (1) prior to beginning of service for such assignment 

or, if receiving such training at that time is not practical, 

within the first year of beginning such assignment.

* * * * * * *

CHAPTER 9—TRAVEL, LEAVE, AND OTHER BENEFITS

SEC. 901. TRAVEL AND RELATED EXPENSES.—The Secretary may 

pay the travel and related expenses of members of the Service and 

their families, including costs or expenses incurred for— (1) * * *

* * * * * * *

(6) rest and recuperation travel of members of the Service 

who are United States citizens, and members of their families, 

while serving at locations abroad specifically designated by the 

Secretary for purposes of this paragraph, to—

(A) * * *

* * * * * * *

except that, unless the Secretary otherwise specifies in extraordinary circumstances, travel expenses under this paragraph 

shall be limited to the cost for a member of the Service, and 

for each member of the family of the member, of 1 round trip 

during any continuous 2-year tour øunbroken by home leave¿

and of 2 round trips during any continuous 3-year tour øunbroken by home leave¿; 

* * * * * * *

SEC. 903. REQUIRED LEAVE IN THE UNITED STATES.—(a) The Secretary may order a member of the Service (other than a member 

employed under section 311) who is a citizen of the United States 

34

to take a leave of absence under section 6305 of title 5, United 

States Code (without regard to the introductory clause of subsection (a) of that section), upon completion by that member of 

ø18¿ 12 months of continuous service abroad. The Secretary shall 

order on such a leave of absence a member of the Service (other 

than a member employed under section 311) who is a citizen of the 

United States as soon as possible after completion by that member 

of 3 years of continuous service abroad. 

* * * * * * *

CHAPTER 10—LABOR-MANAGEMENT RELATIONS

* * * * * * *

SEC. 1003. APPLICATION.—(a) This chapter applies only with respect to the Department of State, the øBroadcasting Board of Governors¿ United States International Broadcasting Agency, the 

Agency for International Development, the Department of Agriculture, and the Department of Commerce. 

* * * * * * *

CHAPTER 11—GRIEVANCES

SEC. 1101. DEFINITION OF GRIEVANCE.—(a) * * *

* * * * * * *

(c) This chapter applies only with respect to the Department of 

State, øBroadcasting Board of Governors,¿ the United States International Broadcasting Agency, the Agency for International Development, the Department of Agriculture, and the Department of 

Commerce. 

* * * * * * *

TITLE 5, UNITED STATES CODE 

* * * * * * *

PART III—EMPLOYEES 

* * * * * * *

Subpart D—Pay and Allowances 

* * * * * * *

CHAPTER 53—PAY RATES AND SYSTEMS 

* * * * * * *

SUBCHAPTER II—EXECUTIVE SCHEDULE PAY RATES 

* * * * * * *

§ 5314. Positions at level III 

Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate deVerDate Jan 31 2003 20:11 Jun 14, 2003 Jkt 019006 PO 00000 Frm 00034 Fmt 6659 Sfmt 6601 E:\HR\OC\HR105P2.XXX HR105P2
35

termined with respect to such level under chapter 11 of title 2, as 

adjusted by section 5318 of this title: 

Solicitor General of the United States. 

Under Secretary of Commerce, Under Secretary of Commerce for Economic Affairs, øUnder Secretary of Commerce for 

Export Administration¿ Under Secretary of Commerce for Industry and Security and Under Secretary of Commerce for 

Travel and Tourism. 

* * * * * * *

Director, United States International Broadcasting Agency.

§ 5315. Positions at level IV 

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as 

adjusted by section 5318 of this title: 

Deputy Administrator of General Services. 

Associate Administrator of the National Aeronautics and 

Space Administration. 

* * * * * * *

øDirector of the International Broadcasting Bureau.¿

* * * * * * *

CHAPTER 59—ALLOWANCES 

* * * * * * *

SUBCHAPTER III—OVERSEAS DIFFERENTIALS AND 

ALLOWANCES 

* * * * * * *

§ 5925. Post differentials 

(a) A post differential may be granted on the basis of conditions 

of environment which differ substantially from conditions of environment in the continental United States and warrant additional 

pay as a recruitment and retention incentive. A post differential 

may be granted to an employee officially stationed in the United 

States who is on extended detail in a foreign area. A post differential under this subsection may not exceed ø25¿ 35 percent of the 

rate of basic pay. 

* * * * * * *

§ 5928. Danger pay allowance 

An employee serving in a foreign area may be granted a danger 

pay allowance on the basis of civil insurrection, civil war, terrorism, or wartime conditions which threaten physical harm or imminent danger to the health or well-being of the employee. A danger pay allowance may not exceed ø25¿ 35 percent of the basic pay 

of the employee, except that if an employee is granted an additional differential under section 5925(b) of this title with respect to 

an assignment, the sum of that additional differential and any danger pay allowance granted to the employee with respect to that assignment may not exceed ø25¿ 35 percent of the basic pay of the 

36

employee. The presence of nonessential personnel or dependents 

shall not preclude payment of an allowance under this section. In 

each instance where an allowance under this section is initiated or 

terminated, the Secretary of State shall inform the Speaker of the 

House of Representatives and the Committee on Foreign Relations 

of the Senate of the action taken and the circumstances justifying 

it. 

* * * * * * *

Subpart G—Insurance and Annuities 

* * * * * * *

CHAPTER 83—RETIREMENT 

* * * * * * *

SUBCHAPTER III—CIVIL SERVICE RETIREMENT 

* * * * * * *

§ 8332. Creditable service 

(a) * * *

(b) The service of an employee shall be credited from the date of 

original employment to the date of separation on which title to annuity is based in the civilian service of the Government. Except as 

provided in paragraph (13) of this subsection, credit may not be allowed for a period of separation from the service in excess of 3 calendar days. The service includes—

(1) * * *

* * * * * * *

(11) subject to sections 8334(c) and 8339(i) of this title, service in any capacity of at least 130 days (or its equivalent) per 

calendar year performed after July 1, 1946, for the National 

Committee for a Free Europe; Free Europe Committee, Incorporated; Free Europe, Incorporated; Radio Liberation Committee; Radio Liberty Committee; subdivisions of any of those 

organizations; Radio Free Europe/Radio Liberty, Incorporated; 

Radio Free Asia; the Asia Foundation; Mideast Radio and Television Network, Inc.; or the Armed Forces Network, Europe 

(AFN–E), but only if such service is not credited for benefits 

under any other retirement system which is established for 

such entities and funded in whole or in part by the Government and only if the individual later becomes subject to this 

subchapter; 

* * * * * * *

FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL 

YEAR 2003

* * * * * * *

37

DIVISION A—DEPARTMENT OF STATE 

AUTHORIZATION ACT, FISCAL YEAR 

2003

* * * * * * *

TITLE I—AUTHORIZATIONS OF 

APPROPRIATIONS 

* * * * * * *

Subtitle A—Department of State 

* * * * * * *

SEC. 112. UNITED STATES EDUCATIONAL, CULTURAL, AND PUBLIC DIPLOMACY PROGRAMS. 

The following amounts are authorized to be appropriated for the 

Department to carry out public diplomacy programs of the Department under the United States Information and Educational Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, Reorganization Plan Number 2 of 1977, the 

Foreign Affairs Reform and Restructuring Act of 1998, the Center 

for Cultural and Technical Interchange Between East and West Act 

of 1960, the Dante B. Fascell North-South Center Act of 1991, and 

the National Endowment for Democracy Act, and to carry out other 

authorities in law consistent with such purposes: 

(1) * * *

* * * * * * *

(3) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST AND WEST.—For the ‘‘Center for Cultural and 

Technical Interchange between East and West’’, ø$15,000,000¿

$18,000,000 for the fiscal year 2003. 

* * * * * * *

TITLE III—ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF 

STATE 

* * * * * * *

Subtitle B—Personnel Matters 

* * * * * * *

SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE 

PERFORMED ABROAD. 

(a) * * *

* * * * * * *

38

(f) IMPLEMENTATION.—The Office of Personnel Management, in 

consultation with the Secretary, shall prescribe such øregulations¿

regulations, not later than 60 days after the date of the enactment 

of the Foreign Relations Authorization Act, Fiscal Years 2004 and 

2005, and take such action as may be necessary and appropriate 

to implement this section. 

* * * * * * *

SEC. 324. REPORT CONCERNING MINORITY EMPLOYMENT. 

On April 1, 2003, øand April 1, 2004¿ April 1, 2004, and April 

1, 2005, the Secretary shall submit a comprehensive report to Congress, with respect to the preceding calendar year, concerning the 

employment of members of minority groups at the Department, including the Civil Service and the Foreign Service. The report shall 

include the following data (reported in terms of real numbers and 

percentages and not as ratios): 

(1) * * *

* * * * * * *

SEC. 325. USE OF FUNDS AUTHORIZED FOR MINORITY RECRUITMENT. 

(a) * * *

* * * * * * *

(c) EVALUATION OF RECRUITMENT EFFORTS.—The Secretary shall 

establish a database relating to efforts to recruit members of minority groups into the Foreign Service and the Civil Service and 

shall report to the appropriate congressional committees on the 

evaluation of efforts to recruit such individuals, including an analysis of the information collected in the database created under this 

subsection. Such report shall be included in each of the øtwo¿ three

reports required under section 324. 

* * * * * * *

TITLE VI—MISCELLANEOUS 

PROVISIONS 

* * * * * * *

Subtitle C—East Timor Transition to 

Independence Act of 2002

* * * * * * *

SEC. 632. BILATERAL ASSISTANCE. 

(a) * * *

(b) AUTHORIZATION OF APPROPRIATIONS.—

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

the President to carry out this section $25,000,000 for øthe fiscal year 2003¿ each of the fiscal years 2003, 2004, and 2005. 

* * * * * * *

39

Subtitle G—Other Matters 

* * * * * * *

SEC. 690. SENSE OF CONGRESS RELATING TO MAGEN DAVID ADOM SOCIETY. 

(a) FINDINGS.—Congress finds the following: 

(1) * * *

* * * * * * *

(5) Since the founding of the Magen David Adom in 1930, the 

American Red Cross has regarded it as a sister national society 

forging close working ties between the two societies and has 

consistently advocated recognition and membership of the 

Magen David Adom in the International Red Cross and Red 

Crescent Movement. 

(6) The American Red Cross and Magen David Adom signed 

an important memorandum of understanding in November 

2002, outlining areas for strategic collaboration, and the American Red Cross will encourage other societies to establish similar agreements with Magen David Adom.

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

(1) * * *

* * * * * * *

(3) the Red Shield of David should be accorded the same protections under international law as the Red Cross and the Red 

Crescent; øand¿

(4) the High Contracting Parties to the Geneva Conventions 

of August 12, 1949, should adopt the October 12, 2000, draft 

additional protocol which would accord international recognition to an additional distinctive emblem; and

ø(4)¿ (5) the (United States should continue to press for full 

membership for the Magen David Adom Society in the International Red Cross Movement.

(c) REPORT.—Not later than 60 days after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years 2004 

and 2005 and annually thereafter, the Secretary of State shall submit a report, on a classified basis if necessary, to the appropriate 

congressional committees describing—

(1) efforts by the United States to obtain full membership for 

the Magen David Adom in the International Red Cross Movement; 

(2) efforts by the International Committee of the Red Cross to 

obtain full membership for the Magen David Adom in the International Red Cross Movement; 

(3) efforts of the High Contracting Parties to the Geneva Convention of 1949 to adopt the October 12, 2000, draft additional 

protocol; and 

(4) the extent to which the Magen David Adom of Israel is 

participating in the activities of the International Red Cross 

and Red Crescent Movement.

* * * * * * *

40

ACT OF JULY 30, 1946

JOINT RESOLUTION 

Providing for membership and participation by the United States in the United Nations Educational, Scientific, and Cultural Organization, and authorizing an appropriation therefor. 

* * * * * * *

SEC. 2. The President by and with the consent of the Senate 

shall designate from time to time to attend a specified session or 

specified sessions of the General Conference of the Organization 

not to exceed five representatives of the United States and such 

number of alternates not to exceed five as he may determine consistent with the rules of procedure of the General Conference: Provided, however, That each such representative and each such alternate must be an American citizen. øOne of the representatives 

shall be designated as the senior representative. Such representatives and alternates shall each be entitled to receive compensation 

at such rates provided for members of the Senior Foreign Service 

under section 402 of the Foreign Service Act of 1980, or provided 

for Foreign Service officers under section 403 of that Act, as the 

President may determine, for such periods as the President may 

specify, except that no Member of the Senate or House of Representatives or officer of the United States who is designated under 

this section as a representative of the United States or as an alternate to attend any specified session or specified sessions of the 

General Conference shall be entitled to receive such compensation. 

Whenever a representative of the United States is elected by the 

General Conference to serve on the Executive Board, or is elected 

President of the General Conference and thus becomes an ex officio 

adviser to the Executive Board, under provision of article V of the 

constitution of the Organization, the President may extend the 

above provisions for compensation to such representative during 

periods of service in connection with the Executive Board.¿

øSEC. 3. In fulfillment of article VII of the constitution of the Organization, the Secretary of State shall cause to be organized a National Commission on Educational, Scientific, and Cultural Corporation of not to exceed one hundred members. Such Commission 

shall be appointed by the Secretary of State and shall consist of (a) 

not more than sixty representatives of principal national, voluntary 

organizations interested in educational, scientific, and cultural 

matters; and (b) not more than forty outstanding persons selected 

by the Secretary of State, including not more than ten persons 

holding office under or employed by the Government of the United 

States, not more than fifteen representatives of the educational, 

scientific, and cultural interests of State and local governments, 

and not more than fifteen persons chosen at large. The Secretary 

of State is authorized to name in the first instance fifty of the principal national voluntary organizations, each of which shall be invited to designate one representative for appointment to the National Commission. Thereafter, the National Commission shall periodically review and, if deemed advisable, revise the list of such 

organizations designating representatives in order to achieve a desirable rotation among organizations represented. To constitute the 

initial Commission, one-third of the members shall be appointed to 

41

serve for a term of one year, one-third for a term of two years, and 

one-third or the remainder thereof for a term of three years; from 

thence on following, all members shall be appointed for a term of 

three years each, but no member shall serve more than two consecutive terms. The National Commission shall meet at least once 

annually. The National Commission shall designate from among its 

members an executive committee, and may designate such other 

committees as may prove necessary, to consult with the Department of State and to perform such other functions as the National 

Commission shall delegate to them. No member of the National 

Commission shall be allowed any salary or other compensation for 

services: Provided, however, That he may be paid transportation 

and other expenses as authorized by section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b–2). The Department of State is authorized to provide the necessary secretariat 

for the Commission.¿

SEC. 3. (a) In fulfillment of article VII of the constitution of the 

Organization, the Secretary of State shall establish a National Commission on Educational, Scientific, and Cultural Cooperation. 

(b) The National Commission shall be composed of not more than 

35 members appointed by the Secretary of State in consultation with 

the National Academy of Sciences, the National Science Foundation, 

the Secretary of Education, the Secretary of Health and Human 

Services, and the Secretary of the Interior. Members of the National 

Commission shall be representatives of nongovernmental organizations, academic institutions, and associations interested in education, scientific, and cultural matters. Periodically, the Secretary 

shall review and revise the entities represented on the National 

Commission in order to achieve a desirable rotation in representation. Except as otherwise provided, each member of the National 

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

by the Secretary of State at the time of appointment, of the members 

first appointed one-third shall be appointed for a term of 1 year, 

one-third shall be appointed for a term of 2 years, and one-third 

shall be appointed for a term of 3 years. Any member appointed to 

fill a vacancy occurring before the expiration of the term for which 

the member’s predecessor was appointed shall be appointed only for 

the remainder of that term. A member may serve after the expiration 

of that member’s term until a successor has taken office. No member 

may serve more than 2 consecutive terms. The Secretary of State 

shall designate a chair of the National Commission. 

(c) Members of the National Commission shall serve without pay. 

For attendance at the annual meeting, each member shall receive 

travel expenses in accordance with section 5703 of title 5, United 

States Code. 

(d) The National Commission shall meet at the call of the chair 

at least annually and such meetings may be through video conferencing or other electronic means. The National Commission shall 

designate an executive committee from among the members of the 

commission and may designate such other committees as may be 

necessary to carry out its duties under this Act. 

(e) Upon request of the National Commission, the Secretary of 

State may detail any of the personnel of the Department of State to 

42

the National Commission to assist it in carrying out its duties 

under this Act.

* * * * * * *

CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY 

(LIBERTAD) ACT OF 1996

(Public Law 104–114) 

* * * * * * *

TITLE I—STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE 

CASTRO GOVERNMENT 

* * * * * * *

SEC. 107. TELEVISION BROADCASTING TO CUBA. 

(a) CONVERSION TO UHF.—The Director of the øInternational 

Broadcasting Bureau¿ United States International Broadcasting 

Agency shall implement a conversion of television broadcasting to 

Cuba under the Television Marti Service to ultra high frequency 

(UHF) broadcasting. 

(b) PERIODIC REPORTS.—Not later than 45 days after the date of 

the enactment of this Act, and every three months thereafter until 

the conversion described in subsection (a) is fully implemented, the 

Director of the øInternational Broadcasting Bureau¿ United States 

International Broadcasting Agency shall submit a report to the appropriate congressional committees on the progress made in carrying out subsection (a). 

* * * * * * *

SEC. 109. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND 

HUMAN RIGHTS GROUPS AND INTERNATIONAL OBSERVERS. 

(a) * * *

(b) OAS EMERGENCY FUND.— (1) * * *

* * * * * * *

(3) VOLUNTARY CONTRIBUTIONS FOR FUND.—Notwithstanding 

section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 

2227) or any other provision of law limiting the United States 

proportionate share of assistance to Cuba by any international 

organization, the President øshould provide not less than $5,000,000¿ shall provide for each of the fiscal years 2004 and 2005 not less than $500,000 of the voluntary contributions of 

the United States to the Organization of American States solely for the purposes of the special fund referred to in paragraph 

(1). 

* * * * * * *

43

UNITED STATES INTERNATIONAL BROADCASTING ACT 

OF 1994

TITLE III—UNITED STATES INTERNATIONAL 

BROADCASTING ACT 

SEC. 301. SHORT TITLE. 

This title may be cited as the ‘‘United States International 

Broadcasting Act of 1994’’. 

* * * * * * *

SEC. 303. STANDARDS AND PRINCIPLES. 

(a) BROADCASTING STANDARDS.—United States international 

broadcasting shall— (1) * * *

* * * * * * *

(7) be designed so as to effectively reach a significant audience; and 

(8) promote respect for human rights, including freedom of 

religionø.¿; and

(9) seek to ensure that resources are allocated to broadcasts 

directed at people whose governments deny freedom of expression or who are otherwise in special need of honest and professional broadcasting, commensurate with the need for such 

broadcasts.

* * * * * * *

SEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS. 

(a) * * *

* * * * * * *

(g) IMMUNITY FROM CIVIL LIABILITY.—Notwithstanding any other 

provision of law, any and all limitations on liability that apply to 

the members of the Broadcasting Board of Governors also shall 

apply to such members when acting in their capacities as members 

of the boards of directors of RFE/RL, Incorporated øand Radio Free 

Asia¿, Radio Free Asia, and Mideast Radio and Television Network, Inc..

[Effective on the last day of the 6-month period beginning on the date of 

the enactment of this Act (Foreign Relations Authorization Act, Fiscal 

Years 2004 and 2005), section 304 of the United States International 

Broadcasting Act of 1994 is revised in its entirety, shown below.] 

øSEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS. 

ø(a) CONTINUED EXISTENCE WITHIN EXECUTIVE BRANCH.—

ø(1) IN GENERAL.—The Broadcasting Board of Governors 

shall continue to exist within the Executive branch of Government as an entity described in section 104 of title 5, United 

States Code. 

ø(2) RETENTION OF EXISTING BOARD MEMBERS.—The members of the Broadcasting Board of Governors appointed by the 

President pursuant to subsection (b)(1)(A) before the effective 

date of title XIII of the Foreign Affairs Agencies Consolidation 

44

Act of 1998 and holding office as of that date may serve the 

remainder of their terms of office without reappointment. 

ø(3) INSPECTOR GENERAL AUTHORITIES.— ø(A) IN GENERAL.—The Inspector General of the Department of State and the Foreign Service shall exercise the 

same authorities with respect to the Broadcasting Board of 

Governors and the International Broadcasting Bureau as 

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

of 1980 with respect to the Department of State. 

ø(B) RESPECT FOR JOURNALISTIC INTEGRITY OF BROAD- CASTERS.—The Inspector General shall respect the journalistic integrity of all the broadcasters covered by this title 

and may not evaluate the philosophical or political perspectives reflected in the content of broadcasts. 

ø(b) COMPOSITION OF THE BOARD.— ø(1) The Board shall consist of 9 members, as follows: 

ø(A) 8 voting members who shall be appointed by the 

President, by and with the advice and consent of the Senate. 

ø(B) The Secretary of State who shall also be a voting 

member. 

ø(2) The President shall appoint one member (other than the 

Secretary of State) as Chairman of the Board, subject to the 

advice and consent of the Senate. 

ø(3) Exclusive of the Secretary of State, not more than 4 of 

the members of the Board appointed by the President shall be 

of the same political party. 

ø(c) TERM OF OFFICE.—The term of office of each member of the 

Board shall be three years, except that the Secretary of State shall 

remain a member of the Board during the Director’s term of service. Of the other 8 voting members, the initial terms of office of two 

members shall be one year, and the initial terms of office of 3 other 

members shall be two years, as determined by the President. The 

President shall appoint, by and with the advice and consent of the 

Senate, Board members to fill vacancies occurring prior to the expiration of a term, in which case the members so appointed shall 

serve for the remainder of such term. Any member whose term has 

expired may serve until a successor has been appointed and qualified. When there is no Secretary of State, the Acting Secretary of 

State shall serve as a member of the Board until a Director is appointed. 

ø(d) SELECTION OF BOARD.—Members of the Board appointed by 

the President shall be citizens of the United States who are not 

regular full-time employees of the United States Government. Such 

members shall be selected by the President from among Americans 

distinguished in the fields of mass communications, print, broadcast media, or foreign affairs. 

ø(e) COMPENSATION.—Members of the Board, while attending 

meetings of the Board or while engaged in duties relating to such 

meetings or in other activities of the Board pursuant to this section 

(including travel time) shall be entitled to receive compensation 

equal to the daily equivalent of the compensation prescribed for 

level IV of the Executive Schedule under section 5315 of title 5, 

United States Code. While away from their homes or regular places 

45

of business, members of the Board may be allowed travel expenses, 

including per diem in lieu of subsistence, as authorized by law (5 

U.S.C. 5703) for persons in the Government service employed intermittently. The Secretary of State shall not be entitled to any compensation under this title, but may be allowed travel expenses as 

provided under this subsection. 

ø(f) DECISIONS.—Decisions of the Board shall be made by majority vote, a quorum being present. A quorum shall consist of 5 members. 

ø(g) Immunity from Civil Liability.—Notwithstanding any other 

provision of law, any and all limitations on liability that apply to 

the members of the Broadcasting Board of Governors also shall 

apply to such members when acting in their capacities as members 

of the boards of directors of RFE/RL, Incorporated and Radio Free 

Asia.¿

SEC. 304. ESTABLISHMENT OF UNITED STATES INTERNATIONAL 

BROADCASTING AGENCY. 

(a) ESTABLISHMENT.—There is established as an independent 

agency in the executive branch the United States International 

Broadcasting Agency (hereinafter in this Act referred to as the 

‘‘Agency’’). 

(b) BOARD OF GOVERNORS OF THE AGENCY.— (1) HEAD OF AGENCY.—The Agency shall be headed by the 

Board of Governors of the United States International Broadcasting Agency (hereinafter in this Act referred to as the ‘‘Board 

of Governors’’). 

(2) AUTHORITIES AND FUNCTIONS.—The Board of Goverors 

shall—

(A) carry out the authorities and functions of the Agency 

under section 305; and 

(B) be responsible for the exercise of all authorities and 

powers and the discharge of all duties and functions of the 

Agency. 

(3) COMPOSITION OF THE BOARD OF GOVERNORS.—

(A) The Board of Governors shall consist of 9 members, 

as follows: 

(i) Eight voting members who shall be appointed by 

the President, by and with the advice and consent of 

the Senate. 

(ii) The Secretary of State who shall also be a voting 

member. 

(B) The President shall appoint one member (other than 

the Secretary of State) as Chair of the Board of Governors, 

subject to the advice and consent of the Senate. 

(C) Exclusive of the Secretary of State, not more than 4 

of the members of the Board of Governors appointed by the 

President shall be of the same political party. 

(4) TERM OF OFFICE.—The term of office of each member of 

the Board of Governors shall be three years, except that the Secretary of State shall remain a member of the Board of Governors during the Secretary’s term of service. The President 

shall appoint, by and with the advice and consent of the Senate, 

board members to fill vacancies occurring prior to the expiration of a term, in which case the members so appointed shall 

serve for the remainder of such term. Any member whose term 

46

has expired may serve until a successor has been appointed and 

qualified. When there is no Secretary of State, the Acting Secretary of State shall serve as a member of the board until a Secretary is appointed. 

(5) SELECTION OF BOARD OF GOVERNORS.—Members of the 

Board of Governors appointed by the President shall be citizens 

of the United States who are not regular full-time employees of 

the United States Government. Such members shall be selected 

by the President from among Americans distinguished in the 

fields of mass communications, print, broadcast media, or foreign affairs. 

(6) COMPENSATION.—Members of the Board of Governors, 

while attending meetings of the board or while engaged in duties relating to such meetings or in other activities of the board 

pursuant to this section (including travel time) shall be entitled 

to receive compensation equal to the daily equivalent of the 

compensation prescribed for level IV of the Executive Schedule 

under section 5315 of title 5, United States Code. While away 

from their homes or regular places of business, members of the 

board may be allowed travel expenses, including per diem in 

lieu of subsistence, as authorized by law for persons in the Government service employed intermittently. The Secretary of State 

shall not be entitled to any compensation under this title, but 

may be allowed travel expenses as provided under this subsection. 

(7) DECISIONS.—Decisions of the Board of Governors shall be 

made by majority vote, a quorum being present. A quorum shall 

consist of 5 members. 

(8) IMMUNITY FROM CIVIL LIABILITY.—Notwithstanding any 

other provision of law, any and all limitations on liability that 

apply to the members of the Board of Governors also shall 

apply to such members when acting in their capacities as members of the boards of directors of RFE/RL, Incorporated and 

Radio Free Asia. 

(c) DIRECTOR.—

(1) APPOINTMENT.—The Board of Governors shall appoint a 

Director of the Agency. The Director shall receive basic pay at 

the rate payable for level III of the Executive Schedule under 

section 5314 of title 5, United States Code. The Director may be 

removed through a majority vote of the Board. 

(2) FUNCTIONS AND DUTIES.—The Director shall have the following functions and duties: 

(A) To exercise the authorities delegated by the Board of 

Governors pursuant to section 305(b). 

(B) To carry out all broadcasting activities conducted 

pursuant to this title, the Radio Broadcasting to Cuba Act, 

and the Television Broadcasting to Cuba Act. 

(C) To examine and make recommendations to the Board 

of Governors on long-term strategies for the future of international broadcasting, including the use of new technologies. 

(D) To review engineering activities to ensure that all 

broadcasting elements receive the highest quality and costeffective delivery services. 

47

(E) To procure supplies, services, and other personal 

property to carry out the functions of the Agency. 

(F) To obligate and expend, for official reception and representation expenses, such amounts as may be made available through appropriations. 

(G) To provide for the use of United States Government 

transmitter capacity for relay of broadcasting by grantees. 

(H) To procure temporary and intermittent personal services to the same extent as is authorized by section 3109 of 

title 5, United States Code, at rates not to exceed the daily 

equivalent of the rate provided for positions classified above 

grade GS–15 of the General Schedule under section 5108 of 

title 5, United States Code. 

(I) To procure for the Agency, pursuant to section 1535 of 

title 31, United States Code goods and services from other 

departments or agencies. 

(J) To the extent funds are available, to lease space and 

acquire personal property for the Agency. 

(d) INSPECTOR GENERAL AUTHORITIES.— (1) IN GENERAL.—The Inspector General of the Department of 

State shall exercise the same authorities with respect to the 

Agency as the Inspector General exercises under the Inspector 

General Act of 1978 and section 209 of the Foreign Service Act 

of 1980 with respect to the Department of State. 

(2) RESPECT FOR JOURNALISTIC INTEGRITY OF BROAD- CASTERS.—The Inspector General of the Department of State 

and the Foreign Service shall respect the journalistic integrity 

of all the broadcasters covered by this title and may not evaluate the philosophical or political perspectives reflected in the 

content of broadcasts.

SEC. 305. AUTHORITIES OF THE BOARD. 

(a) AUTHORITIES.—The Board shall have the following authorities: 

(1) * * *

* * * * * * *

(5) To make and supervise grants for broadcasting and related activities in accordance with sections ø308 and 309¿ 308, 

309, and 310. (6) To allocate funds appropriated for international broadcasting activities among the various elements of the International Broadcasting Bureau and grantees, subject to the limitations in sections ø308 and 309¿ 308, 309, and 310 and subject to reprogramming notification requirements in law for the 

reallocation of funds. 

* * * * * * *

(c) BROADCASTING BUDGETS.—The Director of the Bureau and the 

grantees identified in sections ø308 and 309¿ 308, 309, and 310

shall submit proposed budgets to the Board. The Board shall forward its recommendations concerning the proposed budget for the 

Board and broadcasting activities under this title, the Radio Broadcasting to Cuba Act, and the Television Broadcasting to Cuba Act 

to the Office of Management and Budget. 

* * * * * * *

48

[Effective on the last day of the 6-month period beginning on the date of 

the enactment of this Act (Foreign Relations Authorization Act, Fiscal 

Years 2004 and 2005), section 305 of the United States International 

Broadcasting Act of 1994 is revised in its entirety, shown below.] 

øSEC. 305. AUTHORITIES OF THE BOARD. 

ø(a) AUTHORITIES.—The Board shall have the following authorities: 

ø(1) To supervise all broadcasting activities conducted pursuant to this title, the Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba Act, and Worldnet Television, except as provided in section 306(b). 

ø(2) To review and evaluate the mission and operation of, 

and to assess the quality, effectiveness, and professional integrity of, all such activities within the context of the broad foreign policy objectives of the United States. 

ø(3) To ensure that United States international broadcasting 

is conducted in accordance with the standards and principles 

contained in section 303. 

ø(4) To review, evaluate, and determine, at least annually, 

after consultation with the Secretary of State, the addition or 

deletion of language services. 

ø(5) To make and supervise grants for broadcasting and related activities in accordance with sections 308 and 309. 

ø(6) To allocate funds appropriated for international broadcasting activities among the various elements of the International Broadcasting Bureau and grantees, subject to the limitations in sections 308 and 309 and subject to reprogramming 

notification requirements in law for the reallocation of funds. 

ø(7) To review engineering activities to ensure that all broadcasting elements receive the highest quality and cost-effective 

delivery services. 

ø(8) To undertake such studies as may be necessary to identify areas in which broadcasting activities under its authority 

could be made more efficient and economical. 

ø(9) To submit to the President and the Congress, an annual 

report which summarizes and evaluates activities under this 

title, the Radio Broadcasting to Cuba Act, and the Television 

Broadcasting to Cuba Act. Each annual report shall place special emphasis on the assessment described in paragraph (2). 

ø(10) To the extent considered necessary to carry out the 

functions of the Board, procure supplies, services, and other 

personal property. 

ø(11) To appoint such staff personnel for the Board as the 

Board may determine to be necessary, subject to the provisions 

of title 5, United States Code, governing appointments in the 

competitive service, and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of 

chapter 53 of such title relating to classification and General 

Schedule pay rates. 

ø(12) To obligate and expend, for official reception and representation expenses, such amount as may be made available 

through appropriations (which for each of the fiscal years 1998 

and 1999 may not exceed the amount made available to the 

Board and the International Broadcasting Bureau for such purposes for fiscal year 1997). 

49

ø(13) To make available in the annual report required by 

paragraph (9) information on funds expended on administrative and managerial services by the Bureau and by grantees 

and the steps the Board has taken to reduce unnecessary overhead costs for each of the broadcasting services. 

ø(14) The Board may provide for the use of United States 

Government transmitter capacity for relay of Radio Free Asia. 

ø(15)(A) To procure temporary and intermittent personal 

services to the same extent as is authorized by section 3109 of 

title 5, United States Code, at rates not to exceed the daily 

equivalent of the rate provided for positions classified above 

grade GS–15 of the General Schedule under section 5108 of 

title 5, United States Code. 

ø(B) To allow those providing such services, while away from 

their homes or their regular places of business, travel expenses 

(including per diem in lieu of subsistence) as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently, while so employed. 

ø(16) To procure, pursuant to section 1535 of title 31, United 

States Code (commonly known as the ‘‘Economy Act’’), such 

goods and services from other departments or agencies for the 

Board and the International Broadcasting Bureau as the Board 

determines are appropriate. 

ø(17) To utilize the provisions of titles III, IV, V, VII, VIII, 

IX, and X of the United States Information and Educational 

Exchange Act of 1948, and section 6 of Reorganization Plan 

Number 2 of 1977, as in effect on the day before the effective 

date of title XIII of the Foreign Affairs Agencies Consolidation 

Act of 1998, to the extent the Board considers necessary in carrying out the provisions and purposes of this title. 

ø(18) To utilize the authorities of any other statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding that had 

been available to the Director of the United States Information 

Agency, the Bureau, or the Board before the effective date of 

title XIII of the Foreign Affairs Consolidation Act of 1998 for 

carrying out the broadcasting activities covered by this title. 

ø(b) DELEGATION OF AUTHORITY.—The Board may delegate to 

the Director of the International Broadcasting Bureau, or any other 

officer or employee of the United States, to the extent the Board 

determines to be appropriate, the authorities provided in this section, except those authorities provided in paragraph (1), (2), (3), (4), 

(5), (6), (9), or (11) of subsection (a). 

ø(c) BROADCASTING BUDGETS.—The Director of the Bureau and 

the grantees identified in sections 308 and 309 shall submit proposed budgets to the Board. The Board shall forward its recommendations concerning the proposed budget for the Board and 

broadcasting activities under this title, the Radio Broadcasting to 

Cuba Act, and the Television Broadcasting to Cuba Act to the Office of Management and Budget. 

ø(d) PROFESSIONAL INDEPENDENCE OF BROADCASTERS.—The 

Secretary of State and the Board, in carrying out their functions, 

shall respect the professional independence and integrity of the 

International Broadcasting Bureau, its broadcasting services, and 

the grantees of the Board. 

50

ø(e) TECHNICAL AMENDMENT.—

ø(1) Section 4 of the Radio Broadcasting to Cuba Act (22 

U.S.C. 1465b) is amended by striking ‘‘and the Associate Director for Broadcasting of the United States Information Agency’’

and inserting ‘‘of the Voice of America’’. 

ø(2) Section 5(b) of the Radio Broadcasting to Cuba Act (22 

U.S.C.1465c(b)) is amended by striking ‘‘Director and Associate 

Director for Broadcasting of the United States Information 

Agency’’ and inserting ‘‘Broadcasting Board of Governors’’.¿

SEC. 305. AUTHORITIES AND FUNCTIONS OF THE AGENCY. 

(a) The Agency shall have the following authorities and functions: 

(1) To supervise all broadcasting activities conducted pursuant to this title, the Radio Broadcasting to Cuba Act, and the 

Television Broadcasting to Cuba Act. 

(2) To review and evaluate the mission and operation of, and 

to assess the quality, effectiveness, and professional integrity of, 

all such activities within the context of the broad foreign policy 

objectives of the United States and the guiding principles and 

doctrines of the United States, particularly freedom and democracy. 

(3) To develop strategic goals after reviewing human rights 

reporting and other reliable assessments to assist in determining programming and resource allocation. 

(4) To ensure that United States international broadcasting 

is conducted in accordance with the standards and principles 

contained in section 303. 

(5) To review, evaluate, and determine, at least annually, 

after consultation with the Secretary of State, the addition or 

deletion of language services. 

(6) To make and supervise grants for broadcasting and related activities in accordance with sections 308 and 309. 

(7) To allocate funds appropriated for international broadcasting activities among the various elements of the Agency and 

grantees, subject to the limitations in sections 308 and 309 and 

subject to reprogramming notification requirements in law for 

the reallocation of funds. 

(8) To undertake such studies as may be necessary to identify 

areas in which broadcasting activities under its authority could 

be made more efficient and economical. 

(9) To submit to the President and the Congress an annual 

report which summarizes and evaluates activities under this 

title, the Radio Broadcasting to Cuba Act, and the Television 

Broadcasting to Cuba Act, placing special emphasis on the assessment described in paragraph (2). 

(10) To make available in the annual report required by 

paragraph (9) information on funds expended on administrative 

and managerial services by the Agency and by grantees and the 

steps the Agency has taken to reduce unnecessary overhead costs 

for each of the broadcasting services. 

(11) To utilize the provisions of titles III, IV, V, VII, VIII, IX, 

and X of the United States Information and Educational Exchange Act of 1948, and section 6 of Reorganization Plan Number 2 of 1977, as in effect on the day before the effective date 

of title XIII of the Foreign Affairs Agencies Consolidation Act 

51

of 1998, to the extent the Director considers necessary in carrying out the provisions and purposes of this title. 

(12) To utilize the authorities of any other statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding that had been 

available to the Director of the United States Information Agency, the Bureau, or the Board before the effective date of title XIII 

of the Foreign Affairs Consolidation Act of 1998 for carrying 

out the broadcasting activities covered by this title. 

(b) DELEGATION OF AUTHORITY.—The Board of Governors may 

delegate to the Director of the Agency, or any other officer or employee of the United States, the authorities provided in this section, 

except those authorities provided in paragraph (1), (2), (4), (5), (6), 

(7), or (9) of subsection (a). 

(c) BROADCASTING BUDGETS.—The Director and the grantees identified in sections 308 and 309 shall submit proposed budgets to the 

Board. The Board shall forward its recommendations concerning 

the proposed budget for the Board and broadcasting activities under 

this title, the Radio Broadcasting to Cuba Act, and the Television 

Broadcasting to Cuba Act to the Office of Management and Budget.

øSEC. 306. ROLE OF THE SECRETARY OF STATE. 

ø(a) FOREIGN POLICY GUIDANCE.—To assist the Board in carrying out its functions, the Secretary of State shall provide information and guidance on foreign policy issues to the Board, as the 

Secretary may deem appropriate. 

ø(b) CERTAIN WORLDNET PROGRAMMING.—The Secretary of 

State is authorized to use Worldnet broadcasts for the purposes of 

continuing interactive dialogues with foreign media and other similar overseas public diplomacy programs sponsored by the Department of State. The Chairman of the Broadcasting Board of Governors shall provide access to Worldnet for this purpose on a nonreimbursable basis.¿

SEC. 306. ROLE OF THE SECRETARY OF STATE. 

To assist the Agency in carrying out its functions, the Secretary 

of State shall provide such information and guidance on foreign 

policy and public diplomacy issues to the Agency as the Secretary 

considers appropriate.

SEC. 307. INTERNATIONAL BROADCASTING BUREAU. 

(a) ESTABLISHMENT.—There is hereby established an International Broadcasting Bureau under the Board (hereafter in this 

title referred to as the ‘‘Bureau’’), to carry out all nonmilitary international broadcasting activities supported by the United States 

Government other than those described in sections ø308 and 309¿

308, 309, and 310. 

* * * * * * *

(c) RESPONSIBILITIES OF THE DIRECTOR.—The Director shall organize and chair a coordinating committee to examine and make recommendations to the Board on long-term strategies for the future 

of international broadcasting, including the use of new technologies, further consolidation of broadcast services, and consolidation of currently existing public affairs and legislative relations 

functions in the various international broadcasting entities. The coordinating committee shall include representatives of Radio Free 

52

Asia, Mideast Radio and Television Network, Inc., RFE/RL, Incorporated, the Broadcasting Board of Governors, and, as appropriate, 

the Office of Cuba Broadcasting, the Voice of America, and 

Worldnet. 

* * * * * * *

[Effective on the last day of the 6-month period beginning on the date of 

the enactment of this Act (Foreign Relations Authorization Act, Fiscal 

Years 2004 and 2005), section 307 of the United States International 

Broadcasting Act of 1994 is revised in its entirety, shown below.] 

øSEC. 307. INTERNATIONAL BROADCASTING BUREAU. 

ø(a) ESTABLISHMENT.—There is hereby established an International Broadcasting Bureau under the Board (hereafter in this 

title referred to as the ‘‘Bureau’’), to carry out all nonmilitary international broadcasting activities supported by the United States 

Government other than those described in sections 308 and 309. 

ø(c) RESPONSIBILITIES OF THE DIRECTOR.—The Director shall 

organize and chair a coordinating committee to examine and make 

recommendations to the Board on long-term strategies for the future of international broadcasting, including the use of new technologies, further consolidation of broadcast services, and consolidation of currently existing public affairs and legislative relations 

functions in the various international broadcasting entities. The coordinating committee shall include representatives of Radio Free 

Asia, RFE/RL, Incorporated, the Broadcasting Board of Governors, 

and, as appropriate, the Office of Cuba Broadcasting, the Voice of 

America, and Worldnet.¿

SEC. 307. ADMINISTRATIVE PROVISIONS. 

(a) OFFICERS AND EMPLOYEES.—The Board of Governors may appoint and fix the compensation of such officers and employees as 

may be necessary to carry out the functions of the Agency. Except 

as otherwise provided by law, such officers and employees shall be 

appointed in accordance with the civil service laws and their compensation shall be fixed in accordance with title 5, United States 

Code. 

(b) EXPERTS AND CONSULTANTS.—The Board of Governors, as 

may be provided in appropriation Acts, may obtain the services of 

experts and consultants in accordance with section 3109 of title 5, 

United States Code, and may compensate such experts and consultants at rates not to exceed the daily rate prescribed for level IV of 

the Executive Schedule under section 5315 of title 5, United States 

Code. 

(c) ACCEPTANCE OF VOLUNTARY SERVICES.—

(1) IN GENERAL.—Notwithstanding section 1342 of title 31, 

United States Code, the Board of Governors may accept, subject 

to regulations issued by the Office of Personnel Management, 

voluntary services if such services—

(A) are to be uncompensated; and 

(B) are not used to displace any employee. 

(2) TREATMENT.—Any individual who provides voluntary 

services under this section shall not be considered a Federal 

employee for any purpose other than for purposes of chapter 81 

of title 5, United States Code (relating to compensation for injury) and sections 2671 through 2680 of title 28, United States 

Code (relating to tort claims). 

53

(d) DELEGATION.—Except as otherwise provided in this Act, the 

Board of Governors may delegate any function to the Director and 

such other officers and employees of the Agency as the Board of Governors may designate, and may authorize such successive redelegations of such functions within the Agency as may be necessary or appropriate. 

(e) CONTRACTS.—

(1) IN GENERAL.—Subject to the Federal Property and Administrative Services Act of 1949 and other applicable Federal law, 

the Board of Governors may make, enter into, and perform such 

contracts, grants, leases, cooperative agreements, and other 

similar transactions with Federal or other public agencies (including State and local governments) and private organizations 

and persons, and to make such payments, by way of advance 

or reimbursement, as the Board of Governors may determine 

necessary or appropriate to carry out functions of the Board of 

Governors or the Agency. 

(2) APPROPRIATION AUTHORITY REQUIRED.—No authority to 

enter into contracts or to make payments under this title shall 

be effective except to such extent or in such amounts as are provided in advance under appropriation Acts. 

(f) REGULATIONS.—The Director may prescribe such rules and regulations as the Board of Governors considers necessary or appropriate to administer and manage the functions of the Agency, in accordance with chapter 5 of title 5, United States Code. 

(g) SEAL.—The Director shall cause a seal of office to be made for 

the Agency of such design as the Board of Governors shall approve. 

Judicial notice shall be taken of such seal.

SEC. 308. LIMITS ON GRANTS FOR RADIO FREE EUROPE AND RADIO 

LIBERTY. 

(a) BOARD OF RFE/RL, INCORPORATED.—The øBoard¿ Agency

may not make any grant to RFE/RL, Incorporated, unless the certificate of incorporation of RFE/RL, Incorporated, has been amended to provide that—

(1) the Board of Directors of RFE/RL, Incorporated, shall 

consist of the members of the øBroadcasting Board of Governors¿ Board Governors of the International Broadcasting 

Agency established under section 304 and of no other members; 

and 

* * * * * * *

(b) LOCATION OF PRINCIPAL PLACE OF BUSINESS.—

ø(1)¿ The øBoard¿ Agency may not make any grant to RFE/

RL, Incorporated unless the headquarters of RFE/RL, Incorporated and its senior administrative and managerial staff are 

in a location which ensures economy, operational effectiveness, 

and accountability to the øBoard¿ Agency. 

ø(2) Not later than 90 days after confirmation of all members 

of the Board, the Board shall provide a report to Congress on 

the number of administrative, managerial, and technical staff 

of RFE/RL, Incorporated who will be located within the metropolitan area of Washington, D.C., and the number of employees 

whose principal place of business will be located outside the 

metropolitan area of Washington, D.C.¿

54

(c) The total amount of grants made for the operating costs of 

RFE/RL, Incorporated, may not exceed $85,000,000 in fiscal year 

2003. 

(d) ALTERNATIVE GRANTEE.—If the øBoard determines at any 

time that RFE/RL, Incorporated, is not carrying out the functions 

described in section 309 in an effective and economical manner, the 

Board may award the grant to carry out such functions to another 

entity after soliciting and considering applications from eligible entities in such manner and accompanied by such information as the 

øBoard¿ Agency may reasonably require. 

* * * * * * *

(g) GRANT AGREEMENT.—Grants to RFE/RL, Incorporated, by 

the øBoard¿ Agency shall only be made in compliance with a grant 

agreement. The grant agreement shall establish guidelines for such 

grants. The grant agreement shall include the following provisions—

(1) that a grant be used only for activities which the øBoard¿

Agency determines are consistent with the purposes of subsection (f); 

(2) that RFE/RL, Incorporated, shall otherwise comply with 

the requirements of this section; 

(3) that failure to comply with the requirements of this section may result in suspension or termination of a grant without further obligation by the øBoard¿ Agency or the United 

States; 

(4) that duplication of language services and technical operations between RFE/RL, Incorporated and the øInternational 

Broadcasting Bureau¿ Agency be reduced to the extent appropriate, as determined by the øBoard¿ Agency; and 

(5) that RFE/RL, Incorporated, justify in detail each proposed expenditure of grant funds, and that such funds may not 

be used for any other purpose unless the øBoard¿ Agency gives 

its prior written approval. 

(h) PROHIBITED USES OF GRANT FUNDS.—No grant funds provided under this section may be used for the following purposes: 

(1) * * *

* * * * * * *

(5) To compensate freelance contractors without the approval 

of the øBoard¿ Agency. 

(i) REPORT ON MANAGEMENT PRACTICES.—(1) Effective not later 

than March 31 and September 30 of each calendar year, the Inspector General of the Department of State øand the Foreign Service¿ shall submit to the øBoard¿ Agency and the Congress a report 

on management practices of RFE/RL, Incorporated, under this section. The Inspector General of the Department of State øand the 

Foreign Service¿ shall establish a special unit within the Inspector 

General’s office to monitor and audit the activities of RFE/RL, Incorporated, and shall provide for on-site monitoring of such activities. 

(j) AUDIT AUTHORITY.— (1) * * *

* * * * * * *

55

(3) Notwithstanding any other provision of law and upon repeal of the Board for International Broadcasting Act, the Inspector General of the Department of State øand the Foreign 

Service¿ is authorized to exercise the authorities of the Inspector General Act of 1978 with respect to RFE/RL, Incorporated. 

* * * * * * *

SEC. 309. RADIO FREE ASIA. 

(a) * * *

* * * * * * *

(c) GRANT AGREEMENT.—Any grant agreement or grants under 

this section shall be subject to the following limitations and restrictions: 

(1) The øBoard¿ Agency may not make any grant to Radio 

Free Asia unless the headquarters of Radio Free Asia and its 

senior administrative and managerial staff are in a location 

which ensures economy, operational effectiveness, and accountability to the øBoard¿ Agency. 

* * * * * * *

ø(e) ASSESSMENT OF THE EFFECTIVENESS OF RADIO FREE

ASIA.—Not later than 3 years after the date on which initial funding is provided for the purpose of operating Radio Free Asia, the 

Board shall submit to the appropriate congressional committees a 

report on—

ø(1) whether Radio Free Asia is technically sound and costeffective, 

ø(2) whether Radio Free Asia consistently meets the standards for quality and objectivity established by this title, 

ø(3) whether Radio Free Asia is received by a sufficient audience to warrant its continuation, 

ø(4) the extent to which such broadcasting is already being 

received by the target audience from other credible sources; 

and 

ø(5) the extent to which the interests of the United States 

are being served by maintaining broadcasting of Radio Free 

Asia.¿

(f) SUNSET PROVISION.—The øBoard¿ Agency may not make 

any grant for the purpose of operating Radio Free Asia after September 30, 2009. 

(g) NOTIFICATION AND CONSULTATION REGARDING DISPLACE- MENT OF VOICE OF AMERICA BROADCASTING.—The øBoard¿ Agency

shall notify the appropriate congressional committees before entering into any agreements for the utilization of Voice of America 

transmitters, equipment, or other resources that will significantly 

reduce the broadcasting activities of the Voice of America in Asia 

or any other region in order to accommodate the broadcasting activities of Radio Free Asia. The øChairman of the Board¿ Agency

shall consult with such committees on the impact of any such reduction in Voice of America broadcasting activities. 

* * * * * * *

SEC. 310. MIDEAST RADIO AND TELEVISION NETWORK, INC. 

(a) AUTHORITY.—Grants authorized under section 305 shall be 

available to make annual grants to Mideast Radio and Television 

56

Network, Inc. (hereinafter in this title also referred to as ‘‘Mideast 

Network’’) for the purpose of carrying out radio and television 

broadcasting to the Middle East region. 

(b) FUNCTION.—Mideast Network shall provide radio and television programming to the Middle East region consistent with the 

broadcasting standards and broadcasting principles set forth in section 303 of this Act. 

(c) GRANT AGREEMENT.—Any grant agreement or grants under 

this section shall be subject to the following limitations and restrictions: 

(1) The Board may not make any grant to the nonprofit corporation, Mideast Network unless its certificate of incorporation 

provides that— (A) the Board of Directors of Mideast Radio and Television Network, Inc. (hereinafter referred to as ‘‘the Board’’) 

shall consist of the members of the Broadcasting Board of 

Governors established under section 304 and of no other 

members; and 

(B) the Board shall make all major policy determinations 

governing the operation of Mideast Network and shall appoint and fix the compensation of such managerial officers 

and employees of Mideast Network as it considers necessary 

to carry out the purposes of the grant provided under this 

title, except that no officer or employee may be paid a salary or other compensation in excess of the rate of pay payable for Level IV of the Executive Schedule under section 

5315 of title 5, United States Code. 

(2) Any grant agreement under this section shall require that 

any contract entered into by Mideast Network shall specify that 

obligations are assumed by Mideast Network and not the 

United States Government. 

(3) Any grant agreement shall require that any lease agreement entered into by Mideast Network shall be, to the maximum extent possible, assignable to the United States Government. 

(4) Grants awarded under this section shall be made pursuant to a grant agreement which requires that grant funds be 

used only for activities consistent with this section, and that 

failure to comply with such requirements shall permit the grant 

to be terminated without fiscal obligation to the United States. 

(5) Duplication of language services and technical operations 

between the Mideast Radio and Television Network, Inc., (including Radio Sawa), RFE/RL, and the International Broadcasting Bureau will be reduced to the extent appropriate, as determined by the Board. 

(d) NOT A FEDERAL AGENCY OR INSTRUMENTALITY.—Nothing in 

this title may be construed to establish Mideast Network as a Federal agency or instrumentality, nor shall the officers or employees of 

Mideast Network be considered to be officers or employees of the 

United States Government. 

(e) AUDIT AUTHORITY.—

(1) Such financial transactions of Mideast Network, as relate 

to functions carried out under this section may be audited by 

the General Accounting Office in accordance with such principles and procedures and under such rules and regulations as 

57

may be prescribed by the Comptroller General of the United 

States. Any such audit shall be conducted at the place or places 

where accounts of Mideast Network are normally kept. 

(2) Representatives of the General Accounting Office shall 

have access to all books, accounts, records, reports, files, papers, 

and property belonging to or in use by Mideast Network pertaining to such financial transactions as necessary to facilitate 

an audit. Such representatives shall be afforded full facilities 

for verifying transactions with any assets held by depositories, 

fiscal agents, and custodians. All such books, accounts, records, 

reports, files, papers, and property of Mideast Network shall remain in the custody of Mideast Network. 

(3) Notwithstanding any other provisions of law, the Inspector General of the Department of State is authorized to exercise 

the authorities of the Inspector General Act with respect to the 

Mideast Network.

øSEC. 311. PRESERVATION OF AMERICAN JOBS. 

øIt is the sense of the Congress that the Director of the United 

States Information Agency and the Chairman of the Board for 

International Broadcasting should, in developing the plan for consolidation and reorganization of overseas international broadcasting services, limit, to the maximum extent feasible, consistent 

with the purposes of the consolidation, elimination of any United 

States-based positions and should affirmatively seek to transfer as 

many positions as possible to the United States.¿

* * * * * * *

SEC. 313. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS. 

(a) LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS.—

Notwithstanding any other provision of law, for the fiscal year 1994 

and for each subsequent fiscal year, any funds appropriated for the 

purposes of broadcasting subject to supervision of the øBoard¿

Agency shall not be available for obligation or expenditure—

(1) * * *

* * * * * * *

SEC. 314. DEFINITIONS. 

For the purposes of this title— (1) * * *

ø(2) the term ‘‘RFE/RL, Incorporated’’ includes— ø(A) the corporation having the corporate title described 

in section 307(b)(3); and 

ø(B) any alternative grantee described in section 307(e); 

and¿

* * * * * * *

øSEC. 315. TECHNICAL AND CONFORMING AMENDMENTS. 

ø(a) VOICE OF AMERICA BROADCASTS.—Section 503 of the 

United States Information and Educational Exchange Act of 1948 

(22 U.S.C. 1463) is repealed. 

ø(b) ISRAEL RELAY STATION.—Section 301(c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, is repealed. 

ø(c) BOARD FOR INTERNATIONAL BROADCASTING ACT.—Section 

4(a)(1) of the Board for International Broadcasting Act of 1973 is 

amended to read as follows: 

58

ø‘‘(1) to make grants to RFE/RL, Incorporated and, until 

September 30, 1995, to make grants to entities established 

in the privatization of certain functions of RFE/RL, Incorporated in order to carry out the purposes set forth in section 2 of this Act;’’. ø(d) RELOCATION COSTS.—Notwithstanding any other provision 

of law, funds derived from the sale of real property assets of RFE/

RL in Munich, Germany, may be retained, obligated, and expended 

to meet one-time costs associated with the consolidation of United 

States Government broadcasting activities in accordance with this 

title, including the costs of relocating RFE/RL offices and operations.¿

RADIO BROADCASTING TO CUBA ACT 

* * * * * * *

ADDITIONAL FUNCTIONS OF THE øBROADCASTING BOARD OF

GOVERNORS¿ UNITED STATES INTERNATIONAL BROADCASTING AGENCY

SEC. 3. (a) In order to carry out the objectives set forth in section 

2, the øBroadcasting Board of Governors¿ United States International Broadcasting Agency (hereafter in this Act referred to as 

øthe ‘‘Board’’)¿ the ‘‘Agency’’) shall provide for the open communication of information and ideas through the use of radio broadcasting 

to Cuba. Radio broadcasting to Cuba shall serve as a consistently 

reliable and authoritative source of accurate, objective, and comprehensive news. 

* * * * * * *

(c) Radio broadcasting to Cuba authorized by this Act shall utilize the broadcasting facilities located at Marathon, Florida, and 

the 1180 AM frequency that were used by the Voice of America 

prior to the date of enactment of this Act. øOther frequencies, not 

on the commercial Amplitude Modulation (AM) Band (535 kHz to 

1605 kHz), may also be simultaneously utilized: Provided, That no 

frequency shall be used for radio broadcasts to Cuba in accordance 

with this Act which is not also used for all other Voice of America 

broadcasts to Cuba.¿ The Board is authorized to simultaneously 

utilize other broadcasting transmission facilities, and other frequencies, including the Amplitude Modulation (AM) Band (535 kHz 

to 1705 kHz), the Frequency Modulation (FM) Band, and the Shortwave (SW) Band. Time leased from nongovernmental shortwave 

radio stations may be used to carry all or part of the Service programs and to rebroadcast Service programsø: Provided, That not 

less than 30 per centum of the programs broadcast or rebroadcast 

shall be regular Voice of America broadcasts with particular emphasis on news and programs meeting the requirements of section 

503(2) of Public Law 80–402¿. 

(d) Notwithstanding subsection (c), in the event that broadcasts 

to Cuba on the 1180 AM frequency are subject to jamming or interference greater by 25 per centum or more than the average daily 

jamming or interference in the twelve months preceding September 

1, 1983, the øBroadcasting Board of Governors¿ United States 

International Broadcasting Agency may lease time on commercial 

or noncommercial educational AM band radio broadcasting staVerDate Jan 31 2003 20:11 Jun 14, 2003 Jkt 019006 PO 00000 Frm 00058 Fmt 6659 Sfmt 6601 E:\HR\OC\HR105P2.XXX HR105P2
59

tions. The Federal Communications Commission shall determine 

levels of jamming and interference by conducting regular monitoring of the 1180 AM frequency. øIn the event that more than two 

hours a day of time is leased, not less than 30 per centum of the 

programing broadcast shall be regular Voice of America broadcasts 

with particular emphasis on news and programs meeting the requirements of section 503(2) of Public Law 80–402.¿

ø(e) Any program of United States Government radio broadcasts 

to Cuba authorized by this section shall be designated ‘‘Voice of 

America: Cuba Service’’ or ‘‘Voice of America: Radio Marti program’’.¿

(e) Any program of United States Government radio broadcasts to 

Cuba authorized by this section shall be designated ‘‘Radio Marti 

program’’.

(f) In the event broadcasting facilities located at Marathon, Florida, are rendered inoperable by natural disaster or by unlawful destruction, the øBroadcasting Board of Governors¿ United States 

International Broadcasting Agency may, for the period in which the 

facilities are inoperable but not to exceed one hundred and fifty 

days, use other United States Government-owned transmission facilities for øVoice of America¿ broadcasts to Cuba authorized by 

this Act. 

CUBA SERVICE OF THE VOICE OF AMERICA

SEC. 4. øThe Broadcasting Board of Governors shall establish 

within the International Broadcasting Bureau¿ The Board of Governors of the United States International Broadcasting Agency shall 

establish within the Agency a Cuba Service (hereafter in this section referred to as the ‘‘Service’’). The Service shall be responsible 

for all radio broadcasts to Cuba authorized by section 3. The 

øBroadcasting Board of Governors¿ Board of Governors of the 

United States International Broadcasting Agency shall appoint a 

head of the Service and shall employ such staff as the head of the 

Service may need to carry out his duties. The Cuba Service shall 

be administered separately from other Voice of America functions 

and the head of the Cuba Service shall report directly to the 

øBoard of the International Broadcasting Bureau¿ Board of Governors of the United States International Broadcasting Agency. 

ADVISORY BOARD FOR CUBA BROADCASTING

SEC. 5. (a) There is established within the Office of the President 

the Advisory Board for Cuba Broadcasting (in this division referred 

to as the ‘‘Advisory Board’’). The Advisory Board shall consist of 

nine members, appointed by the President by and with the advice 

and consent of the Senate, of whom not more than five shall be 

members of the same political party. The President shall designate 

one member of the Advisory Board to serve as chairperson. 

(b) The Advisory Board shall review the effectiveness of the activities carried out under this Act and the Television Broadcasting 

to Cuba Act shall make such recommendations to the President 

and the øBroadcasting Board of Governors¿ Board of Governors of 

the United States International Broadcasting Agency as it may consider necessary. 

60

(c) In appointing the initial voting members of the Advisory

Board, the President shall designate three members to serve for a 

term of three years, three members to serve for a term of two 

years, and three members to serve for a term of one year. Thereafter, the term of each member of the Advisory Board shall be 

three years. The President shall appoint, by and with the advice 

and consent of the Senate, members to fill vacancies occurring 

prior to the expiration of a term, in which case the members so appointed shall serve for the remainder of such term. Any member 

whose term has expired may serve until his successor has been appointed and qualified. 

(d) The head of the Cuba Service and the head of the Television 

Marti Service shall serve, ex officio, as members of the Advisory

Board. 

(e) Members of the Advisory Board appointed by the President 

shall, while attending meetings of the Advisory Board or while engaged in duties relating to such meetings or in other activities of 

the Advisory Board pursuant to this section, including traveltime, 

be entitled to receive compensation equal to the daily equivalent of 

the compensation prescribed for level V of the Executive Schedule 

under section 5316 of title 5, United States Code. While away from 

their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized 

by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. The ex officio members of the Advisory

Board shall not be entitled to any compensation under this section, 

but may be allowed travel expenses as provided in the preceding 

sentence. 

(f) The Advisory Board may, to the extent it deems necessary to 

carry out its functions under this section, procure supplies, services, and other personal property, including specialized electronic 

equipment. 

(g) Notwithstanding any other provision of law, the Advisory

Board shall remain in effect indefinitely. 

(h) There are authorized to be appropriated $130,000 to carry out 

the provisions of this section. 

ASSISTANCE FROM OTHER GOVERNMENT AGENCIES

SEC. 6. (a) In order to assist the øBroadcasting Board of Governors¿ United States International Broadcasting Agency in carrying out the purposes set forth in section 2, any agency or instrumentality of the United States may sell, loan, lease, or grant property (including interests therein) and may perform administrative 

and technical support and services at the request of the øBoard¿

Board of Directors of the United States International Broadcasting 

Agency. Support and services shall be provided on a reimbursable 

basis. Any reimbursement shall be credited to the appropriation 

from which the property, support, or services was derived. 

(b) The Board may carry out the purposes of section 3 by means 

of grants, leases, or contracts (subject to the availability of appropriations), or such other means as the Board determines will be 

most effective. 

61

FACILITY COMPENSATION

SEC. 7. (a) * * *

(b) Accordingly, the øBoard¿ United States International Broadcasting Agency may make payments to the United States radio 

broadcasting station licensees upon their application for expenses 

which they have incurred before, on or after the date of this Act 

in mitigating, pursuant to special temporary authority from the 

Federal Communications Commission, the effects of activities by 

the Government of Cuba which directly interfere with the transmission or reception of broadcasts by these licensees. Such expenses shall be limited to the costs of equipment replaced (less depreciation) and associated technical and engineering costs. 

* * * * * * *

(d) There are authorized to be appropriated to the øBoard¿

United States International Broadcasting Agency, $5,000,000 for 

use in compensating United States radio broadcasting licensees 

pursuant to this section. Amounts appropriated under this section 

are authorized to be available until expended. 

* * * * * * *

AUTHORIZATION OF APPROPRIATIONS

SEC. 8. (a) There are authorized to be appropriated for the Broadcasting Board of Governors $14,000,000 for fiscal year 1984, and 

$11,000,000 for fiscal year 1985 to carry out sections 3 and 4 of this 

Act. The amount obligated by the Broadcasting Board of Governors 

in ensuing fiscal years shall be sufficient to maintain broadcasts to 

Cuba under this Act at rates no less than the fiscal year 1985 level. 

* * * * * * *

TELEVISION BROADCASTING TO CUBA ACT 

PART D—TELEVISION BROADCASTING TO CUBA 

SEC. 241. SHORT TITLE. 

This part may be cited as the ‘‘Television Broadcasting to Cuba 

Act’’. 

* * * * * * *

SEC. 243. TELEVISION BROADCASTING TO CUBA. 

(a) TELEVISION BROADCASTING TO CUBA.—In order to carry out 

the purposes set forth in section 242 and notwithstanding the limitation of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461) with respect to the 

dissemination in the United States of information prepared for dissemination abroad to the extent such dissemination is inadvertent, 

the øBroadcasting Board of Governors¿ United States International 

Broadcasting Agency (hereafter in this part referred to as the 

‘‘Agency’’) shall provide for the open communication of information 

and ideas through the use of television broadcasting to Cuba. Television broadcasting to Cuba shall serve as a consistently reliable 

62

and authoritative source of accurate, objective, and comprehensive 

news. 

* * * * * * *

SEC. 244. TELEVISION MARTI SERVICE. 

(a) TELEVISION MARTI SERVICE.—There is within the Voice of 

America a Television Marti Service. The Service shall be responsible for all television broadcasts to Cuba authorized by this part. 

øThe Broadcasting Board of Governors shall appoint a head of the 

Service who shall report directly to the International Boardcasting 

Bureau.¿ The Board of Governors of the United States International 

Broadcasting Agency shall appoint a head of the Service who shall 

report directly to the Board of Governors. The head of the Service 

shall employ such staff as the head of the Service may need to 

carry out the duties of the Service. 

(b) USE OF EXISTING FACILITIES OF THE USIA.—To assure consistency of presentation and efficiency of operations in conducting 

the activities authorized under this part, the Television Marti Service shall make maximum feasible utilization of øBoard¿ United 

States International Broadcasting Agency facilities and management support, including Voice of America: Cuba Service, Voice of 

America, and the United States International Television Service. 

(c) AUTHORITY.—øThe Board¿ The Agency may carry out the purposes of this part by means of grants, leases, or contracts (subject 

to the availability of appropriations), or such other means as the 

øBoard determines¿ Board of Governors of the United States International Broadcasting Agency determines will be most effective. 

* * * * * * *

SEC. 246. ASSISTANCE FROM OTHER GOVERNMENT AGENCIES. 

In order to assist the øUnited States Information Agency¿ United 

States International Broadcasting Agency in carrying out the provisions of this part, any agency or instrumentality of the United 

States may sell, loan, lease, or grant property (including interests 

therein) and may perform administrative and technical support 

and services at the request of the øBoard¿ Board of Governors of 

the United States International Broadcasting Agency. 

* * * * * * *

SECTION 7 OF THE 1998 SUPPLEMENTAL 

APPROPRIATIONS AND RESCISSIONS ACT 

SEC. 7. (a) * * *

(b) The President shall submit to øCongress—

ø(1) not later¿ Congress not later than June 30, 1998, a report on efforts to gain agreement on arrangements described in 

subsection (a), and such report should include an explanation 

of the Administration’s view of whether it would promote 

United States interests to adopt firm schedules or deadlines for 

achieving such benchmarksø; and¿.

ø(2) semiannually after that report, so long as United States 

ground combat forces continue to participate in the Stabilization Force for Bosnia (SFOR), a report on the progress made 

toward achieving the benchmarks referred to in subsection 

63

(a)(1), including any developments which may affect the ability 

of the relevant parties to achieve the benchmarks in a timely 

manner.¿

* * * * * * *

SECTION 1203 OF THE STROM THRUMOND NATIONAL 

DEFENSE AUTHORIZATION FOR FISCAL YEAR 1999

øSEC. 1203. PRESIDENTIAL REPORTS. 

ø(a) REQUIRED REPORTS.—The President shall ensure that the 

semiannual reports required by section 7(b) of the general provisions of chapter I of the 1998 Supplemental Appropriations and Rescissions Act (Public Law 105–174; 112 Stat. 64) are submitted to 

Congress in a timely manner as long as United States ground combat forces continue to participate in the Stabilization Force (SFOR). 

In addition, whenever the President submits to Congress a request 

for funds for continued operations of United States forces in Bosnia 

and Herzegovina, the President shall submit a supplemental report 

providing information to update Congress on developments since 

the last semiannual report. 

ø(b) REQUIRED INFORMATION.—In addition to the information required by the section referred to in subsection (a) to be included in 

a report under that section, each report under that section or under 

subsection (a) shall include the following: 

ø(1) The expected duration of the deployment of United 

States ground combat forces in Bosnia and Herzegovina in support of implementation of the benchmarks set forth in the 

President’s report of March 3, 1998 (referred to in section 

1201(5)) for achieving a sustainable peace process. 

ø(2) The percentage of those benchmarks that have been 

completed as of the date of the report, the percentage that are 

expected to be completed within the next reporting period, and 

the expected time for completion of the remaining tasks. 

ø(3) The status of the NATO force of gendarmes or paramilitary police, including the mission of the force, the composition of the force, and the extent, if any, to which members of 

the Armed Forces of the United States are participating (or are 

to participate) in the force. 

ø(4) The military and nonmilitary missions that the President has directed for United States forces in Bosnia and 

Herzegovina, including a specific discussion of—

ø(A) the mission of those forces, if any, in connection 

with the pursuit and apprehension of war criminals; 

ø(B) the mission of those forces, if any, in connection 

with civilian police functions; 

ø(C) the mission of those forces, if any, in connection 

with the resettlement of refugees; and 

ø(D) the missions undertaken by those forces, if any, in 

support of international and local civilian authorities. 

ø(5) An assessment of the risk for the United States forces 

in Bosnia and Herzegovina, including, for each mission identified pursuant to paragraph (4), the assessment of the Chairman of the Joint Chiefs of Staff regarding the nature and level 

64

of risk of the mission for the safety and well-being of United 

States military personnel. 

ø(6) An assessment of the cost to the United States, by fiscal 

year, of carrying out the missions identified pursuant to paragraph (4) and a detailed projection of any additional funding 

that will be required by the Department of Defense to meet 

mission requirements for those operations for the remainder of 

the fiscal year. 

ø(7) A joint assessment by the Secretary of Defense and the 

Secretary of State of the status of planning for— ø(A) the assumption of all remaining military missions 

inside Bosnia and Herzegovina by European military and 

paramilitary forces; and 

ø(B) the establishment and support of a forward-based 

United States rapid response force outside of Bosnia and 

Herzegovina that would be capable of deploying rapidly to 

defeat military threats to a European follow-on force inside 

Bosnia and Herzegovina and of providing whatever 

logistical, intelligence, and air support is needed to ensure 

that a European follow-on force is fully capable of accomplishing its missions under the Dayton Accords.¿

SECTION 203 OF THE INTERNATIONAL EMERGENCY 

ECONOMIC POWERS ACT 

GRANTS OF AUTHORITIES

SEC. 203. (a)(1) At the times and to the extent specified in section 

202, the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise—

(A) * * *

* * * * * * *

(C) when the United States is engaged in armed hostilities 

or has been attacked by a foreign country or foreign nationals, 

confiscate any property, subject to the jurisdiction of the 

United States, of any foreign person, foreign organization, or 

foreign country that he determines has planned, authorized, 

aided, or engaged in such hostilities or attacks against the 

United States; and all right, title, and interest in any property 

so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms 

and conditions as the President may prescribe, such interest, 

or property shall be held, used, administered, liquidated, sold, 

or otherwise dealt with in the interest of and for the benefit 

of the United States, and such designated agency or person 

may perform any and all acts incident to the accomplishment 

or furtherance of these purposes. 

* * * * * * *

(4) The authority under paragraph (1)(C) to use property that has 

been vested or to use assets that have been liquidated may not be 

exercised until 15 days after the President has notified the Committee on International Relations of the House of Representatives 

and the Committee on Foreign Relations of the Senate of the purVerDate Jan 31 2003 20:11 Jun 14, 2003 Jkt 019006 PO 00000 Frm 00064 Fmt 6659 Sfmt 6601 E:\HR\OC\HR105P2.XXX HR105P2
65

pose for which such vested property or liquidated assets will be so 

used.

* * * * * * *

SECTION 207 OF THE INTERNATIONAL RELIGIOUS 

FREEDOM ACT OF 1998

SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to the 

Commission $3,000,000 for the fiscal year 2003 and for each subsequent fiscal year to carry out the provisions of this title. 

* * * * * * *

SECTION 15 OF THE EXPORT ADMINISTRATION ACT OF 

1979

ADMINISTRATIVE AND REGULATORY AUTHORITY

SEC. 15. (a) UNDER SECRETARY OF COMMERCE.—øThe President 

shall appoint, by and with the advice and consent of the Senate, 

an Under Secretary of Commerce for Export Administration who 

shall carry out all functions of the Secretary under this Act and 

such other statutes that relate to national security which were delegated to the office of the Assistant Secretary of Commerce for 

Trade Administration before the date of the enactment of the Export Administration Amendments Act of 1985, and such other functions under this Act which were delegated to such office before 

such date of enactment, as the Secretary may delegate.¿ The President shall appoint, by and with the advice and consent of the Senate, two Assistant Secretaries of Commerce to assist the Under 

Secretary øin carrying out such functions¿ of Commerce for Industry and Security in carrying out the functions of the Under Secretary. 

* * * * * * *

ARMS EXPORT CONTROL ACT 

* * * * * * *

Chapter 1.—FOREIGN AND NATIONAL SECURITY POLICY 

OBJECTIVES AND RESTRAINTS 

* * * * * * *

SEC. 3. ELIGIBILITY.—(a) * * *

* * * * * * *

(c)(1)(A) No credits (including participations in credits) may be 

issued and no guaranties may be extended for any foreign country 

under this Act as hereinafter provided, if such country uses defense 

articles or defense services furnished under this Act, øor any predecessor Act,¿ any predecessor Act, or licensed or approved under section 38 of this Act, to carry out a transaction with a country, the 

government of which the Secretary of State has determined is a 

66

state sponsor of international terrorism for purposes of section 

6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 

2405(j)(1)), or otherwise uses such defense articles or defense services in substantial violation (either in terms of quantities or in 

terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such 

Act (i) by using such articles or services for a purpose not authorized under section 4 or, if such agreement provides that such articles or services may only be used for purposes more limited than 

those authorized under section 4 for a purpose not authorized 

under such agreement; (ii) by transferring such articles or services 

to, or permitting any use of such articles or services by, anyone not 

an officer, employee, or agent of the recipient country without the 

consent of the President; or (iii) by failing to maintain the security 

of such articles or services. 

(B) No cash sales or deliveries pursuant to previous sales may be 

made with respect to any foreign country under this Act as hereinafter provided, if such country uses defense articles or defense services furnished under this Act, øor any predecessor Act,¿ , any predecessor Act, or licensed or approved under section 38 of this Act, to 

carry out a transaction with a country, the government of which the 

Secretary of State has determined is a state sponsor of international 

terrorism for purposes of section 6(j)(1) of the Export Administration 

Act of 1979 (50 U.S.C. App. 2405(j)(1)), or otherwise uses such defense articles or defense services in substantial violation (either in 

terms of quantity or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into 

pursuant to any such Act by using such articles or services for a 

purpose not authorized under section 4 or, if such agreement provides that such articles or services may only be used for purposes 

more limited than those authorized under section 4, for a purpose 

not authorized under such agreement.

(C) In this section, the term ‘‘transaction’’ means the taking of any 

action, directly or indirectly, by a foreign country that would be a 

transaction prohibited by section 40 of this Act with respect to the 

United States Government and United States persons.

* * * * * * *

(e) If the President receives any information that a transfer of 

any defense article, or related training or other defense service, has 

been made without his consent as required under this section or 

under section 505 of the Foreign Assistance Act of 1961, regardless 

of whether the article or service has been sold or otherwise furnished 

by the United States Government or licensed under section 38 of 

this Act, he shall report such information immediately to the 

Speaker of the House of Representatives and the Committee on 

Foreign Relations of the Senate. 

* * * * * * *

Chapter 2.—FOREIGN MILITARY SALES 

AUTHORIZATIONS 

* * * * * * *

SEC. 21. SALES FROM STOCKS.—(a) * * *

* * * * * * *

67

(h)(1)***

(2) In carrying out the objectives of this section, the President is 

authorized to provide cataloging data and cataloging services, without charge, to the North Atlantic Treaty Organization øor to any 

member government of that Organization if that Organization or 

member government¿, to any member of that Organization, or to 

the Governments of Australia, New Zealand, or Japan if that Organization, member government, or the Governments of Australia, 

New Zealand, or Japan provides such data and services in accordance with an agreement on a reciprocal basis, without charge, to 

the United States Government. 

* * * * * * *

SEC. 25. ANNUAL ESTIMATE AND JUSTIFICATION FOR SALES PRO- GRAM.—(a) Except as provided in subsection (d) of this section, no 

later than February 1 of each year, the President shall transmit to 

the appropriate congressional committees, as a part of the annual 

presentation materials for security assistance programs proposed 

for the next fiscal year, a report which sets forth—

(1) an Arms Sales Proposal covering all sales and licensed 

commercial exports under this Act of major weapons or weapons-related defense equipment for $7,000,000 or more (or, in 

the case of a member country of the North Atlantic Treaty Organization (NATO), Australia, New Zealand, or Japan, 

$25,000,000 or more), or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are 

considered eligible for approval during the current calendar 

year, together with an indication of which sales and licensed 

commercial exports are deemed most likely actually to result 

in the issuance of a letter of offer or of an export license during 

such year; 

* * * * * * *

CHAPTER 3.—MILITARY EXPORT CONTROLS 

* * * * * * *

SEC. 36. REPORTS ON COMMERCIAL AND GOVERNMENTAL MILITARY

EXPORTS; CONGRESSIONAL ACTION.—(a) * * *

* * * * * * *

(c)(1) Subject to paragraph (5), in the case of an application by 

a person (other than with regard to a sale under section 21 or section 22 of this Act) for a license for the export of any major defense 

equipment sold under a contract in the amount of $14,000,000 or 

more or of defense articles or defense services sold under a contract 

in the amount of $50,000,000 or more (or, in the case of a defense 

article that is a firearm controlled under category I of the United 

States Munitions List, $1,000,000 or more, or, notwithstanding section 27(g) of this Act, for any special comprehensive authorization 

under sections 120–130 of title 22, Code of Federal Regulations 

(commonly known as the ‘‘International Traffic in Arms Regulations’’) for the export of defense articles or defense services in an aggregate amount of $100,000,000 or more), before issuing such license the President shall transmit to the Speaker of the House of 

Representatives and to the chairman of the Committee on Foreign 

Relations of the Senate an unclassified numbered certification with 

68

respect to such application specifying (A) the foreign country or 

international organization to which such export will be made, (B) 

the dollar amount of the items to be exported, and (C) a description 

of the items to be exported. Each such numbered certification shall 

also contain an item indicating whether any offset agreement is 

proposed to be entered into in connection with such export and a 

description of any such offset agreement. In addition, the President 

shall, upon the request of such committee or the Committee on Foreign Affairs of the House of Representatives, transmit promptly to 

both such committees a statement setting forth, to the extent specified in such request a description of the capabilities of the items 

to be exported, an estimate of the total number of United States 

personnel expected to be needed in the foreign country concerned 

in connection with the items to be exported and an analysis of the 

arms control impact pertinent to such application, prepared in consultation with the Secretary of Defense. In a case in which such articles or services listed on the Missile Technology Control Regime 

Annex are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in section 74), such report shall include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. A certification transmitted pursuant to this subsection shall be 

unclassified, except that the information specified in clause (B) and 

the details of the description specified in clause (C) may be classified if the public disclosure thereof would be clearly detrimental to 

the security of the United States, in which case the information 

shall be accompanied by a description of the damage to the national security that could be expected to result from public disclosure of the information. 

(2) Unless the President states in his certification that an emergency exists which requires the proposed export in the national security interests of the United States, a license for export described 

in paragraph (1)— (A) * * *

ø(B) in the case of a license for an export of a commercial 

communications satellite for launch from, and by nationals of, 

the Russian Federation, Ukraine, or Kazakhstan, shall not be 

issued until at least 15 calendar days after the Congress receives such certification, and shall not be issued then if the 

Congress, within that 15-day period, enacts a joint resolution 

prohibiting the proposed export; and¿

ø(C)¿ (B) in the case of any other license, shall not be issued 

until at least 30 calendar days after the Congress receives such 

certification, and shall not be issued then if the Congress, 

within that 30-day period, enacts a joint resolution prohibiting 

the proposed export. 

* * * * * * *

(5) In the case of an application by a person (other than with regard to a sale under section 21 or 22 of this Act) for a license for 

the export to a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand that does not 

authorize a new sales territory that includes any country other 

than such countries, the limitations on the issuance of the license 

69

set forth in paragraph (1) or paragraph (2) shall apply only if the 

license is for export of— (A) * * *

* * * * * * *

(d)(1)***

* * * * * * *

(6) In the case of a commercial technical assistance or manufacturing license agreement with a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand that does not authorize a new sales territory that includes any 

country other than such countries, the requirements contained in 

paragraphs (2) and (4) shall apply only if— (A) the agreement involves— (i) major defense equipment in the amount of $7,000,000 

or more; or 

(ii) significant military equipment in the amount of $25,000,000 or more; and 

(B) the amount referred to in clause (i) or (ii) of subparagraph (A), as the case may be, includes the estimated value of 

all defense articles and defense services to be manufactured or 

transferred throughout the duration of the approval period.

* * * * * * *

SEC. 38. CONTROL OF ARMS EXPORTS AND IMPORTS.—(a)(1) In furtherance of world peace and the security and foreign policy of the 

United States, the President is authorized to control the import 

and the export of defense articles and defense services, or the 

transfer of such articles, other than firearms (or ammunition, components, parts, accessories, or attachments for firearms), and services within the United States to foreign persons, and to provide foreign policy guidance to persons of the United States involved in the 

export and import of such articles and services. The President is 

authorized to designate those items which shall be considered as 

defense articles and defense services for the purposes of this section and to promulgate regulations for the import and export of 

such articles and services. The items so designated shall constitute 

the United States Munitions List. 

(b)(1)(A)***

(B) A copy of each registration made under this paragraph shall 

be transmitted to the Secretary of the Treasury and the Director 

of the Federal Bureau of Investigation for review regarding law enforcement concerns. The Secretary and the Director shall report to 

the President regarding such concerns as necessary. 

ø(B)¿ (C) The prohibition under such regulations required by the 

second sentence of subparagraph (A) shall not extend to any military firearms (or ammunition, components, parts, accessories, and 

attachments for such firearms) of United States manufacture furnished to any foreign government by the United States under this 

Act or any other foreign assistance or sales program of the United 

States if—

(i) * * *

* * * * * * *

(2) Except as otherwise specifically provided in regulations issued 

under subsection (a)(1), no defense articles or defense services desVerDate Jan 31 2003 20:11 Jun 14, 2003 Jkt 019006 PO 00000 Frm 00069 Fmt 6659 Sfmt 6601 E:\HR\OC\HR105P2.XXX HR105P2
70

ignated by the President under subsection (a)(1) may be exported 

or imported without a license for such export or import, issued in 

accordance with this Act and regulations issued under this Act, except that no license shall be required for exports or imports made 

by or for an agency of the United States Government (A) for official 

use by a department or agency of the United States Government, 

or (B) for carrying out any foreign assistance or sales program authorized by law and subject to the control of the President by other 

means. In promulgating regulations under subsection (a)(1) in accordance with the preceding sentence, any provision in such regulations that permits the export of defense articles or defense services 

without a license shall include a determination by the Attorney General, in consultation with the Secretary of Homeland Security and 

the Director of the Federal Bureau of Investigation, that the compilation and maintenance of sufficient documentation relating to the 

export without a license of the articles or services is ensured, notwithstanding the absence of a license, to facilitate law enforcement 

efforts to detect, prevent, and prosecute criminal violations of any 

provision of this section, section 39, or section 40 of this Act, including the efforts on the part of countries and factions engaged in international terrorism to illicitly acquire defense articles and defense 

services. No defense article or defense service designated by the 

President under subsection (a)(1) may be exported without a license 

pursuant to a regulation under subsection (a)(1) that is promulgated on or after January 1, 2003, until 30 days after the date on 

which the President provides notice of the proposed regulation to the 

Committee on International Relations of the House of Representatives and to the Committee on Foreign Relations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961, 

including a description of the criteria that would be used to permit 

the export of the article or service and any measures to facilitate law 

enforcement efforts associated with the Attorney General’s determination required by the preceding sentence.

* * * * * * *

(c) Any person who øwillfully¿ knowingly violates any provision 

of øthis section or section 39¿ this section, section 39, or section 40, 

or any rule or regulation issued under either section, or who øwillfully¿ knowingly, in a registration or license application or required 

report, makes any untrue statement of a material fact or omits to 

state a material fact required to be stated therein or necessary to 

make the statements therein not misleading, shall upon conviction 

be fined for each violation not more than ø$1,000,000¿ $1,000,000 

(in the case of a violation of this section or section 39), $2,000,000 

(in the case of a violation involving any country covered by section 

40), and $1,500,000 (in the case of a violation involving any country 

other than a country covered by section 40 that is subject by United 

States law or policy to an arms embargo), or imprisoned not more 

than ten years, or both. 

* * * * * * *

(e) In carrying out functions under this section with respect to 

the export of defense articles and defense services, the President is 

authorized to exercise the same powers concerning violations and 

enforcement which are conferred upon departments, agencies and 

71

officials by subsections (c), (d), (e), and (g) of section 11 of the Export Administration Act of 1979, and by subsections (a) and (c) of 

section 12 of such Act, subject to the same terms and conditions as 

are applicable to such powers under such Act, except that section 

11(c)(2)(B) of such Act shall not apply, and instead, as prescribed 

in regulations issued under this section, the Secretary of State may 

assess civil penalties for violations of this Act and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties, and except further that the names of the 

countries and the types and quantities of defense articles for which 

licenses are issued under this section shall not be withheld from 

public disclosure unless the President determines that the release 

of such information would be contrary to the national interest, and 

except further, that the Federal Bureau of Investigation and the Bureau of Customs and Border Protection of the Department of Homeland Security shall have concurrent jurisdiction for criminal violations and enforcement of this Act. Nothing in this subsection shall 

be construed as authorizing the withholding of information from 

the Congress. Notwithstanding section 11(c) of the Export Administration Act of 1979, the civil penalty for each violation involving 

controls imposed on the export of defense articles and defense services øunder this section may not exceed $500,000¿ n 11(c) of the 

Export Administration Act of 1979, the civil penalty for each violation involving controls imposed on the export of defense articles 

and defense services øunder this section may not exceed $500,000¿

or any other activities subject to control under this section, section 

39, or section 40, may not exceed $500,000 for each violation of section 38 or section 39, $1,000,000 for each violation involving any 

country covered by section 40, and $750,000 for each violation relating to an arms embargo (other than a violation covered by section 

40). 

(f)(1)***

* * * * * * *

(4) In the absence of a binding bilateral agreement with the Government of Australia or the Government of the United Kingdom (as 

the case may be) that meets the requirements of paragraph (2) and 

subsection (j), the Secretary of State shall ensure that any application submitted under this section for the export of defense items to 

Australia or the United Kingdom (as the case may be) that meets 

all other requirements of this section (including requirements relating to eligibility of parties to the transaction, the absence of risk of 

diversion to unauthorized end use and end users, and preservation 

of United States intelligence and law enforcement interests), and 

which are also transactions involving defense items that would be 

exempt pursuant to sections 120–130 of title 22, Code of Federal 

Regulations (commonly known as the ‘‘International Traffic in Arms 

Regulations’’) from export licensing or other written approvals if 

such items were items to be exported to Canada, are processed by 

the Department of State not later than ten days after the date of receipt of the application without referral to any other Federal department or agency, except on an extraordinary basis upon receipt of a 

written request from the Attorney General, the Secretary of Homeland Security, the Director of Central Intelligence, or the Secretary 

of Defense.

72

(g)(1) The President shall develop appropriate mechanisms to 

identify, in connection with the export licensing process under this 

section—

(A) persons who are the subject of an indictment for, or have 

been convicted of, a violation under— (i) * * *

* * * * * * *

(iii) section 793, 794, or 798 of title 18, United States 

Code (relating to espionage involving defense or classified 

information) øor section 2339A¿, section 2339A of such 

title (relating to providing material support to terrorists), or section 2339C of such title (relating to financing terrorism), 

* * * * * * *

(x) section 601 of the National Security Act of 1947 (relating to intelligence identities protection; 50 U.S.C. 421), 

øor¿

(xi) section 603 (b) or (c) of the Comprehensive AntiApartheid Act of 1986 (22 U.S.C. 5113 (b) and (c))ø;¿, (xii) subclause (I) or (II) of section 1956(c)(7)(B)(v) of title 

18, United States Code; 

(xiii) section 329 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept 

and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001; 

(xiv) section 5332 of title 31, United States Code; 

(xv) section 1960 of title 18, United States Code; 

(xvi) section 175(b), 175b, 1993, 2339 of title 18, United 

States Code; 

(xvii) section 2332a, 2332b, or 2332f of title 18, United 

States Code; or 

(xviii) section 175 of title 18, United States Code;

* * * * * * *

(3) If the President determines— (A) * * *

* * * * * * *

the President may disapprove the application. The President shall 

consider requests by the Secretary of the Treasury and the Director 

of the Federal Bureau of Investigation to disapprove any export license application based on these criteria. 

(4) A license to export an item on the United States Munitions 

List may not be issued to a person—

(A) * * *

* * * * * * *

except as may be determined on a case-by-case basis by the President, after consultation with the Secretary of the Treasury and the 

Director of the Federal Bureau of Investigation, after a thorough review of the circumstances surrounding the conviction or ineligibility to export and a finding by the President that appropriate 

steps have been taken to mitigate any law enforcement concerns. 

* * * * * * *

(7) The President shall, in coordination with law enforcement 

and national security agencies, develop standards for identifying 

73

high-risk exports for regular end-use verification. These standards 

shall be published in the Federal Register and the initial standards 

shall be published not later than October 1, 1988. Such standards 

shall be coordinated biennially with the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of 

Investigation, the Director of Central Intelligence, and the heads of 

other Federal departments or agencies, as appropriate.

(8) Upon request of the Secretary of State, the Secretary of Defense and the Secretary of the Treasury and the Director of the 

Federal Bureau of Investigation shall detail to the office primarily 

responsible for export licensing functions under this section, on a 

nonreimbursable basis, personnel with appropriate expertise to assist in the initial screening of applications for export licenses under 

this section in order to determine the need for further review of 

those applications for foreign policy, national security, and law enforcement concerns. 

* * * * * * *

(k) Whenever the United States maintains an arms embargo pursuant to United States law, or through public notice by the President or Secretary of State pursuant to the authorities of this Act, no 

defense article or defense service subject to sections 120–130 of title 

22, Code of Federal Regulations (commonly known as the ‘‘International Traffic in Arms Regulations’’) and no dual use good or 

technology subject to sections 730–774 of title 15, Code of Federal 

Regulations (commonly known as the ‘‘Export Administration Regulations’’) shall be sold or transferred to the military, police, or intelligence services of the embargoed government, including any associated governmental agency, subdivision, entity, or other person acting on their behalf, unless, at a minimum and without prejudice to 

any additional requirements established in United States law or 

regulation, the Secretary of State and the Secretary of Defense have 

concurred in the sale or transfer through issuance of a license.

* * * * * * *

SEC. 40. TRANSACTIONS WITH COUNTRIES SUPPORTING ACTS OF

INTERNATIONAL TERRORISM. 

(a) * * *

* * * * * * *

(j) CRIMINAL PENALTY.—Any person who øwillfully¿ knowingly

violates this section shall be fined for each violation not more than 

ø$1,000,000¿ $2,000,000, imprisoned not more than 10 years, or 

both. 

(k) CIVIL PENALTIES; ENFORCEMENT.—In the enforcement of this 

section, the President is authorized to exercise the same powers 

concerning violations and enforcement which are conferred upon 

departments, agencies, and officials by sections 11(c), 11(e), 11(g), 

and 12(a) of the Export Administration Act of 1979 (subject to the 

same terms and conditions as are applicable to such powers under 

that Act), except that section 11(c)(2)(B) of such Act shall not apply, 

and instead, as prescribed in regulations issued under this section, 

the Secretary of State may assess civil penalties for violations of 

this Act and regulations prescribed thereunder and further may 

commence a civil action to recover such civil penalties, and except 

further that, notwithstanding section 11(c) of that Act, the civil 

74

penalty for each violation of this section may not exceed 

ø$500,000¿ $1,000,000. (l) DEFINITIONS.—As used in this section— (1) the term ‘‘munitions item’’ means øany item enumerated 

on the United States Munitions list¿ a defense article or defense service (as defined in subparagraph (A) or (B) of section 

47(7), respectively), an item enumerated on the United States 

Munitions List (as designated by the President pursuant to section 38(a)), or any other activity for which a license or other approval is required pursuant to the regulations promulgated 

under subsection (a)(1) (without regard to whether the item is 

imported into or exported from the United States); 

* * * * * * *

CHAPTER 3A—END-USE MONITORING OF DEFENSE 

ARTICLES AND DEFENSE SERVICES 

* * * * * * *

SEC. 47. DEFINITIONS.—For purposes of this Act, the term— (1) * * *

* * * * * * *

ø(7) ‘‘defense articles and defense services’’ means, with respect 

to commercial exports subject to the provisions of section 38 of this 

Act, those items designated by the President pursuant to subsection (a)(1) of such section;¿

(7)(A) ‘‘defense articles’’, with respect to exports subject to sections 38, 39, and 40 of this Act, has the meaning given such 

term in sections 120–130 of title 22, Code of Federal Regulations (commonly known as the ‘‘International Traffic in Arms 

Regulations’’), as such regulations were in effect on January 1, 

2003, and includes such additional articles as may be designated by the President under section 38(a)(1); and 

(B) ‘‘defense services’’, with respect to exports subject to sections 38, 39, and 40 of this Act, has the meaning given such 

term in sections 120–130 of title 22, Code of Federal Regulations (commonly known as the ‘‘International Traffic in Arms 

Regulations’’), as such regulations were in effect on January 1, 

2003, and includes—

(i) the provision of assistance (including aiding, abetting, 

or training) to foreign persons; and 

(ii) such other activities as may be designated by the 

President pursuant to section 38(a)(1).

* * * * * * *

CHAPTER 6—LEASES OF DEFENSE ARTICLES AND LOAN 

AUTHORITY FOR COOPERATIVE RESEARCH AND DEVELOPMENT PURPOSES

* * * * * * *

SEC. 65. LOAN OF MATERIALS, SUPPLIES, AND EQUIPMENT FOR RE- SEARCH AND DEVELOPMENT PURPOSES.—(a)(1) Except as provided 

in subsection (c), the Secretary of Defense may loan to a country 

that is a NATO or major non-NATO ally or a friendly foreign country materials, supplies, or equipment for the purpose of carrying 

out a program of cooperative research, development, testing, or 

75

evaluation. The Secretary may accept as a loan or a gift from a 

country that is a NATO or major non-NATO ally or a friendly foreign country materials, supplies, or equipment for such purpose. 

* * * * * * *

ø(d) For purposes of this section, the term ‘‘NATO ally’’ means 

a member country of the North Atlantic Treaty Organization (other 

than the United States).¿

(d) For purposes of this section—

(1) the term ‘‘NATO ally’’ means a member country of the 

North Atlantic Treaty Organization (other than the United 

States); and 

(2) the term ‘‘friendly foreign country’’ means any non-NATO 

member country determined by the President to be eligible for 

a cooperative project agreement with the United States pursuant to section 27(j) of this Act.

* * * * * * *

CHAPTER 7—CONTROL OF MISSILES AND MISSILE 

EQUIPMENT OR TECHNOLOGY

* * * * * * *

SEC. 73. TRANSFERS OF MISSILE EQUIPMENT OR TECHNOLOGY BY 

FOREIGN PERSONS 

(a) SANCTIONS.—(1) * * *

(2) The sanctions which apply to a foreign person under paragraph (1) are the following: 

(A) If the item involved in the export, transfer, or trade is 

within category II of the MTCR Annex, then the President 

shall deny, for a period of ø2¿ 4 years—

(i) * * *

* * * * * * *

(B) If the item involved in the export, transfer, or trade is 

within category I of the MTCR Annex, then the President shall 

deny, for a period of not less than ø2¿ 4 years—

(i) * * *

* * * * * * *

or production of missiles in a country that is not an MTCR adherent, then the President shall prohibit, for a period of not 

less than ø2¿ 4 years, the importation into the United States 

of products produced by that foreign person.

(3)(A) Sanctions imposed upon a foreign person under paragraph 

(2) shall also be imposed on any governmental entity that the President determines exercises effective control over, benefits from, or directly or indirectly facilitates the activities of that foreign person. 

(B) When a sanction is imposed on a foreign person under paragraph (2), the President may also impose that sanction on any other 

person or entity that the President has reason to believe has or may 

acquire items that may not be exported to that foreign person on account of the sanction imposed on that foreign person, with the intent 

to transfer to that foreign person, or provide to that foreign person 

access to, such items. 

(C) The President may also prohibit, for such period of time as 

he may determine, any transaction or dealing, by a United States 

76

person or within the United States, with any foreign person on 

whom sanctions have been imposed under this subsection. 

(D) The President shall report on an annual basis to the Committee on International Relations of the House of Representatives 

and the Committee on Foreign Relations of the Senate the identity 

of any foreign person that engages in any transaction or activity 

with a foreign person on whom sanctions have been imposed under 

this subsection that either— (i) would be the basis for imposing sanctions under subparagraph (B) but for which sanctions have not been imposed; or 

(ii) would be the basis for imposing sanctions under subparagraph (C) if the transaction or activity had been carried out by 

a United States person or by a person in the United States. 

Such report shall be unclassified to the maximum extent feasible, 

but may include a classified annex.

* * * * * * *

(e) WAIVER AND REPORT TO CONGRESS.—(1) * * *

(2) In the event that the President decides to apply the waiver 

described in paragraph (1), the President shall so notify the Committee on Armed Services and the Committee on Foreign Relations 

of the Senate and the Committee on National Security and the 

Committee on International Relations of the House of Representatives not less than 45 working days before issuing the waiver. Such 

notification shall include a report fully articulating the rationale 

and circumstances which led the President to apply the waiver. 

Such report may be classified only to the extent necessary to protect 

intelligence sources and methods. If the report is so classified, the 

President shall make every effort to acquire sufficient alternative information that would allow a subsequent unclassified version of the 

report to be issued.

* * * * * * *

SEC. 74. DEFINITIONS 

(a) IN GENERAL.—For purposes of this chapter— (1) * * *

* * * * * * *

ø(8)(A) the term ‘‘person’’ means a natural person as well as 

a corporation, business association, partnership, society, trust, 

any other nongovernmental entity, organization, or group, and 

any governmental entity operating as a business enterprise, 

and any successor of any such entity; and¿

(8)(A) the term ‘‘person’’ means— (i) a natural person; 

(ii) a corporation, business association, partnership, society, trust, transnational corporation, or transnational joint 

venture, any other nongovernmental entity, organization, or 

group, and any governmental entity; 

(iii) any subsidiary, subunit, or parent entity of any business enterprise or other organization or entity listed in 

clause (ii); and 

(iv) any successor of any business enterprise or other organization or entity listed in clause (ii) or (iii); and

* * * * * * *

77

SECURITY ASSISTANCE ACT OF 2000

* * * * * * *

TITLE V—INTEGRATED SECURITY 

ASSISTANCE PLANNING 

* * * * * * *

Subtitle B—Allocations for Certain 

Countries 

* * * * * * *

SEC. 513. ASSISTANCE FOR ISRAEL. 

(a) * * *

(b) ESF ASSISTANCE.—

(1) IN GENERAL.—Of the amounts made available for each of 

the fiscal years ø2002 and 2003¿ 2003 through 2005 for ESF 

assistance, the amount specified in paragraph (2) for each such 

fiscal year is authorized to be made available for Israel. Such 

funds are authorized to be made available on a grant basis as 

a cash transfer. 

* * * * * * *

(c) FMF PROGRAM.—

(1) IN GENERAL.—Of the amount made available for each of 

the fiscal years ø2002 and 2003¿ 2003 through 2005 for assistance under the Foreign Military Financing Program, the 

amount specified in paragraph (2) for each such fiscal year is 

authorized to be made available on a grant basis for Israel. 

* * * * * * *

(3) DISBURSEMENT OF FUNDS.—Funds authorized to be available for Israel under subsection (b)(1) and paragraph (1) of this 

subsection for fiscal years ø2002 and 2003¿ 2004 and 2005

shall be disbursed not later than 30 days after the date of enactment of an Act making appropriations for foreign operations, export financing, and related programs for fiscal year 

ø2002¿ 2004, and not later than 30 days after the date of enactment of an Act making appropriations for foreign operations, export financing, and related programs for fiscal year 

ø2003¿ 2005, or October 31 of the respective fiscal year, whichever is later.. 

(4) AVAILABILITY OF FUNDS FOR ADVANCED WEAPONS SYSTEMS.—To the extent the Government of Israel requests that 

funds be used for such purposes, grants made available for 

Israel out of funds authorized to be available under paragraph 

(1) for Israel for fiscal years ø2002 and 2003¿ 2003 through 

2005 shall, as agreed by Israel and the United States, be available for advanced weapons systems, of which not less than 

ø$535,000,000 for fiscal year 2002 and not less than 

$550,000,000 for fiscal year 2003¿ $550,000,000 for fiscal year 

2003, not less than $565,000,000 for fiscal year 2004, and not 

less than $580,000,000 for fiscal year 2005 shall be available 

78

for the procurement in Israel of defense articles and defense 

services, including research and development. 

* * * * * * *

SEC. 514. ASSISTANCE FOR EGYPT. 

(a) * * *

(b) ESF ASSISTANCE.—

(1) IN GENERAL.—Of the amounts made available for each of 

the fiscal years ø2002 and 2003¿ 2003 through 2005 for ESF 

assistance, the amount specified in paragraph (2) for each such 

fiscal year is authorized to be made available for Egypt. 

* * * * * * *

(c) FMF PROGRAM.—Of the amount made available for each of 

the fiscal years ø2002 and 2003¿ 2003 through 2005 for assistance 

under the Foreign Military Financing Program, $1,300,000,000 is 

authorized to be made available on a grant basis for Egypt. 

* * * * * * *

(e) DISBURSEMENT OF FUNDS.—Funds estimated to be outlayed 

for Egypt under subsection (c) during fiscal years ø2002 and 2003¿

2004 and 2005 shall be disbursed to an interest-bearing account for 

Egypt in the Federal Reserve Bank of New York not later than 30 

days after the date of enactment of an Act making appropriations 

for foreign operations, export financing, and related programs for 

fiscal year ø2002¿ 2004, and not later than 30 days after the date 

of enactment of an Act making appropriations for foreign operations, export financing, and related programs for fiscal year 

ø2003¿ 2005, or by October 31 of the respective fiscal year, whichever is later, provided that—

(1) * * *

* * * * * * *

AFGHANISTAN FREEDOM SUPPORT ACT OF 2002

* * * * * * *

TITLE I—ECONOMIC AND DEMOCRATIC 

DEVELOPMENT ASSISTANCE FOR AFGHANISTAN 

* * * * * * *

SEC. 103. AUTHORIZATION OF ASSISTANCE. 

(a) IN GENERAL.—Notwithstanding øsection 512 of Public Law 

107–115 or any other similar¿ any other provision of law, the President is authorized to provide assistance for Afghanistan for the following activities: 

(1) * * *

* * * * * * *

79

TITLE II—MILITARY ASSISTANCE FOR 

AFGHANISTAN AND CERTAIN OTHER 

FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS 

* * * * * * *

SEC. 207. RELATIONSHIP TO OTHER AUTHORITY. 

(a) * * *

(b) LAWS RESTRICTING AUTHORITY.—Assistance under this title to 

the Government of Afghanistan may be provided notwithstanding 

øsection 512 of Public Law 107–115 or any similar¿ any other provision of law. 

* * * * * * *

SECTION 664 OF THE FREEDOM INVESTMENT ACT OF 

2002

SEC. 664. HUMAN RIGHTS AND DEMOCRACY FUND. 

(a) * * *

* * * * * * *

(c) FUNDING.—

(1) IN GENERAL.—Of the amounts made available to carry 

out chapter 4 of part II of the Foreign Assistance Act of 1961 

øfor fiscal year 2003, $21,500,000 is¿ for each of the fiscal years 

2003 through 2005, $21,500,000 for fiscal year 2003, 

$24,000,000 for fiscal year 2004, and such sums as may be necessary for fiscal year 2005 are authorized to be available to the 

Fund for carrying out the purposes described in subsection (b). 

Amounts made available to the Fund under this paragraph 

shall also be deemed to have been made available under section 116(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 

2151n(e)).

Æ