19–006

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

FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 

2004 AND 2005

MAY 16, 2003.—Ordered to be printed 

Mr. HYDE, from the Committee on International Relations, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 1950] 

[Includes committee cost estimate]

The Committee on International Relations, to whom was referred 

the bill (H.R. 1950) to authorize appropriations for the Department 

of State for the fiscal years 2004 and 2005, to authorize appropriations under the Arms Export Control Act and the Foreign Assistance Act of 1961 for security assistance for fiscal years 2004 and 

2005, and for other purposes, having considered the same, report 

favorably thereon with an amendment and recommend that the bill 

as amended do pass.

CONTENTS 

Page 

The Amendment ...................................................................................................... 5

Purpose and Summary ............................................................................................ 83

Background and Need for the Legislation ............................................................. 84

Hearings ................................................................................................................... 85

Committee Consideration ........................................................................................ 85

Votes of the Committee ........................................................................................... 88

Committee Oversight Findings ............................................................................... 89

New Budget Authority and Tax Expenditures ...................................................... 89

Committee Cost Estimate ....................................................................................... 89

Performance Goals and Objectives ......................................................................... 89

Constitutional Authority Statement ...................................................................... 89

New Advisory Committees ...................................................................................... 90

Congressional Accountability Act ........................................................................... 90

Federal Mandates .................................................................................................... 90

Changes in Existing Law ........................................................................................ 90

2

Sectional Analyses ................................................................................................... 90

Additional Views ...................................................................................................... 154

The amendment is as follows: 

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Foreign Relations Authorization Act, Fiscal Years 

2004 and 2005’’. 

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

(a) ORGANIZATION OF ACT INTO DIVISIONS.—This Act is organized into two divisions as follows: 

(1) DIVISION A.—Department of State Authorization Act, Fiscal Years 2004 

and 2005. 

(2) DIVISION B.—Defense Trade and Security Assistance Reform Act of 2003. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:

Sec. 1. Short title. 

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

Sec. 3. Definitions. 

DIVISION A—DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEARS 2004 AND 2005

Sec. 101. Short title. 

TITLE I—AUTHORIZATIONS OF APPROPRIATIONS 

Subtitle A—Department of State 

Sec. 111. Administration of foreign affairs. 

Sec. 112. United States educational and cultural programs. 

Sec. 113. Contributions to international organizations. 

Sec. 114. International commissions. 

Sec. 115. Migration and refugee assistance. 

Sec. 116. Voluntary contributions to international organizations. 

Sec. 117. Voluntary contributions for international peacekeeping activities. 

Sec. 118. Grants to the Asia Foundation. 

Subtitle B—United States International Broadcasting Activities 

Sec. 121. Authorizations of appropriations. 

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES 

Subtitle A—United States Public Diplomacy 

Sec. 201. Findings and purposes. 

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

Sec. 203. Annual plan on public diplomacy strategy. 

Sec. 204. Public diplomacy training. 

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

Sec. 206. Library program. 

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

Subtitle B—Basic Authorities and Activities 

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

Sec. 222. Modification of reporting requirements. 

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

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

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

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

Sec. 227. Security capital cost sharing. 

Sec. 228. Authority to issue administrative subpoenas. 

Sec. 229. Enhancing refugee resettlement and maintaining the United States commitment to refugees. 

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

Subtitle C—Educational and Cultural Authorities 

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

Sec. 252. Database of American and foreign participants in exchange programs. 

Sec. 253. Report on inclusion of freedom and democracy advocates in educational and cultural exchange programs. 

Sec. 254. Sense of the Congress concerning educational and cultural exchange program for foreign journalists. 

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

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

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

Subtitle D—Consular Authorities 

Sec. 271. Machine readable visas. 

Sec. 272. Processing of visa applications. 

Sec. 273. Staffing at diplomatic missions. 

TITLE III—ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE 

Sec. 301. Fellowship of Hope Program. 

Sec. 302. Claims for lost pay. 

Sec. 303. Ombudsman for the Department of State. 

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

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

Sec. 306. Home leave. 

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

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

Sec. 309. Minority recruitment. 

Sec. 310. Meritorious step increases. 

TITLE IV—INTERNATIONAL ORGANIZATIONS 

Subtitle A—Basic Authorities and Activities 

Sec. 401. Raising the cap on peacekeeping contributions. 

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

Sec. 403. UNESCO national commission. 

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

Sec. 405. United States efforts regarding the status of Israel in the Western European and Others Group at 

the United Nations. 

Subtitle B—United States International Leadership 

Sec. 431. Short title. 

Sec. 432. Findings. 

Sec. 433. Establishment of a democracy caucus. 

Sec. 434. Annual diplomatic missions on multilateral issues. 

Sec. 435. Leadership and membership of international organizations. 

Sec. 436. Increased training in multilateral diplomacy. 

Sec. 437. Promoting assignments to international organizations. 

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

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

TITLE V—UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES 

Subtitle A—Basic Authorities and Activities 

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

Sec. 502. Improving signal delivery to Cuba. 

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

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

international broadcasting. 

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

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

Subtitle B—Global Internet Freedom 

Sec. 521. Short title. 

Sec. 522. Findings. 

Sec. 523. Purposes. 

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

Subtitle C—Reorganization of United States International Broadcasting 

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

Sec. 532. Authorities and functions of the agency. 

Sec. 533. Role of the Secretary of State. 

Sec. 534. Administrative provisions. 

Sec. 535. Broadcasting Board of Governors and International Broadcasting Bureau. 

Sec. 536. Transition. 

Sec. 537. Conforming amendments. 

Sec. 538. References. 

Sec. 539. Broadcasting standards. 

Sec. 540. Effective date. 

TITLE VI—INTERNATIONAL FREE MEDIA ACT OF 2003

Sec. 601. Short title. 

Sec. 602. Definitions. 

Sec. 603. Findings. 

Sec. 604. Statements of policy. 

Sec. 605. Coordinator for International Free Media. 

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

Sec. 607. International Free Media Fund. 

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

TITLE VII—MISCELLANEOUS PROVISIONS 

Subtitle A—Reporting Requirements 

Sec. 701. Reports on benchmarks for Bosnia. 

Sec. 702. Reports to Committee on International Relations. 

Sec. 703. Reports concerning the capture and prosecution of paramilitary and other terrorist leaders in Colombia. 

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

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

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

Sec. 707. Report concerning the conflict in Uganda. 

Sec. 708. Requirement for report on United States policy toward Haiti. 

Sec. 709. Report on the effects of Plan Columbia on Ecuador. 

Sec. 710. Report on actions taken by Pakistan. 

Sec. 711. Report on democracy in the Western Hemisphere. 

Sec. 712. Report concerning internal and intra-regional conflicts in the Great Lakes region of Africa. 

Subtitle B—Other Matters 

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

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

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

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

Sec. 725. Technical correction to authorization of appropriations for fiscal year 2003 for Center for Cultural and 

Technical Interchange Between East and West. 

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

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

Sec. 728. International agriculture biotechnology information program. 

Sec. 729. Refugee resettlement burdensharing. 

Sec. 730. Sense of Congress on climate change. 

Sec. 731. Sense of Congress regarding migration issues between the United States and Mexico. 

Sec. 732. Sense of Congress concerning United States assistance to Palestinian refugees. 

Sec. 733. United States policy on World Bank Group loans to Iran. 

Sec. 734. Sense of Congress relating to Soviet nuclear tests in Kazakhstan. 

Sec. 735. Sense of Congress relating to violence against women.

DIVISION B—DEFENSE TRADE AND SECURITY ASSISTANCE REFORM ACT OF 2003

TITLE X—GENERAL PROVISIONS 

Sec. 1001. Short title. 

Sec. 1002. Definitions. 

Sec. 1003. References to Arms Export Control Act. 

TITLE XI—TERRORIST-RELATED PROHIBITIONS AND ENFORCEMENT MEASURES 

Sec. 1101. Eligibility provisions. 

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

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

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

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

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

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

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

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

Sec. 1110. Report on foreign-supplied defense articles, defense services, and dual use goods and technology discovered in Iraq. 

TITLE XII—STRENGTHENING MUNITIONS EXPORT CONTROLS 

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

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

Sec. 1203. Notification requirements for technical assistance and manufacturing licensing agreements with 

NATO member countries, Australia, New Zealand, and Japan. 

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

Sec. 1205. Training and liaison for small businesses. 

Sec. 1206. Study and report relating to co-locating munitions control functions of the Departments of State, Defense, and Homeland Security. 

TITLE XIII—SECURITY ASSISTANCE AND RELATED PROVISIONS 

Subtitle A—Foreign Military Sales and Financing Authorities 

Sec. 1301. Authorization of appropriations. 

Sec. 1302. Provision of cataloging data and services. 

Sec. 1303. Annual estimate and justification for sales program. 

Sec. 1304. Adjustment to advance notification requirement for transfer of certain excess defense articles. 

Subtitle B—International Military Education and Training 

Sec. 1311. Authorization of appropriations. 

Sec. 1312. Annual foreign military training reporting. 

Subtitle C—Assistance for Select Countries 

Sec. 1321. Assistance for Israel. 

Sec. 1322. Assistance for Egypt. 

Subtitle D—Miscellaneous Provisions 

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

Sec. 1332. Transfer to Israel of certain defense articles in the United States War Reserve Stockpiles for Allies. 

Sec. 1333. Expansion of authorities for loan of material, supplies, and equipment for research and development purposes. Sec. 1334. Assistance for demining and related activities. 

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

Sec. 1336. Statement of House of Representatives regarding the Treaty Between the United States and the 

Russian Federation on Strategic Offensive Reductions. 

Sec. 1337. Nonproliferation and Disarmament Fund. 

Sec. 1338. Maritime interdiction patrol boats for Mozambique. 

Sec. 1339. Report on missile defense cooperation. 

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

TITLE XIV—MISSILE THREAT REDUCTION ACT OF 2003

Sec. 1401. Short title. 

Subtitle A—Strengthening International Missile Nonproliferation Law 

Sec. 1411. Findings. 

Sec. 1412. Policy of the United States. 

Sec. 1413. Sense of Congress. 

Subtitle B—Strengthening United States Missile Nonproliferation Law 

Sec. 1421. Probationary period for foreign persons. 

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

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

Subtitle C—Incentives for Missile Threat Reduction 

Sec. 1431. Foreign assistance. 

Sec. 1432. Authorization of appropriations. 

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

TITLE XV—EXPORTS OF SATELLITES 

Sec. 1501. Export controls on satellites and related items. 

Sec. 1502. Mandatory review by Department of State. 

Sec. 1503. Export restrictions not affected. 

Sec. 1504. Definitions. 

TITLE XVI—PROMOTION OF DEMOCRACY, HUMAN RIGHTS, AND RULE OF LAW IN BELARUS 

Sec. 1601. Assistance to promote democracy and civil society in Belarus. 

Sec. 1602. Radio broadcasting to Belarus. 

Sec. 1603. Sense of Congress relating to sanctions against the Government of Belarus. 

Sec. 1604. Multilateral cooperation. 

Sec. 1605. Report. 

Sec. 1606. Definitions. 

TITLE XVII—ISRAELI-PALESTINIAN PEACE ENHANCEMENT ACT OF 2003

Sec. 1701. Short title. 

Sec. 1702. Findings. 

Sec. 1703. Purposes. 

Sec. 1704. Sense of Congress. 

Sec. 1705. Recognition of a Palestinian state. 

Sec. 1706. Limitation on assistance to a Palestinian state. 

Sec. 1707. Authorization of assistance to a Palestinian state. 

TITLE XVIII—MISCELLANEOUS FOREIGN ASSISTANCE PROVISIONS 

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

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

Sec. 1803. Cooperative Development Program. 

Sec. 1804. West Bank and Gaza Program. 

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

Sec. 1806. Assistance to East Timor. 

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

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

Sec. 1809. Congo Basin Forest Partnership. 

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

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

Sec. 1812. Human Rights and Democracy Fund. 

Sec. 1813. Enhanced police training. 

Sec. 1814. Promoting a secure and democratic Afghanistan. 

Sec. 1815. Grants to the Africa Society.

SEC. 3. DEFINITIONS. 

In this Act: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. 

(2) DEPARTMENT.—The term ‘‘Department’’ means the Department of State. 

(3) SECRETARY.—Except as otherwise provided, the term ‘‘Secretary’’ means 

the Secretary of State. 

DIVISION A—DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEARS 2004 AND 

2005

SEC. 101. SHORT TITLE. 

This division may be cited as the ‘‘Department of State Authorization Act, Fiscal 

Years 2004 and 2005’’. 

TITLE I—AUTHORIZATIONS OF 

APPROPRIATIONS 

Subtitle A—Department of State 

SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS. 

(a) IN GENERAL.—The following amounts are authorized to be appropriated for the 

Department under ‘‘Administration of Foreign Affairs’’ to carry out the authorities, 

6

functions, duties, and responsibilities in the conduct of the foreign affairs of the 

United States, and for other purposes authorized by law, including public diplomacy 

activities and the diplomatic security program: 

(1) DIPLOMATIC AND CONSULAR PROGRAMS.—

(A) AUTHORIZATION OF APPROPRIATIONS.—For ‘‘Diplomatic and Consular 

Programs’’, $4,187,544,000 for the fiscal year 2004 and $4,438,796,000 for 

the fiscal year 2005. 

(B) PUBLIC DIPLOMACY.—

(i) IN GENERAL.—Of the amounts authorized to be appropriated by 

subparagraph (A), $320,930,000 for the fiscal year 2004 and 

$329,838,000 for the fiscal year 2005 is authorized to be appropriated 

for public diplomacy. 

(ii) IMPROVEMENTS IN PUBLIC DIPLOMACY PROGRAMS.—Of the amounts 

authorized to be appropriated under clause (i) $20,000,000 for the fiscal 

year 2004 and $20,000,000 for the fiscal year 2005 is authorized to be 

available for improvements and modernization of public diplomacy programs and activities of the Department of State. 

(iii) TRANSLATION SERVICES.—Of the amounts authorized to be appropriated under clause (i), $4,000,000 for the fiscal year 2004 and 

$4,000,000 for the fiscal year 2005 is authorized to be available for 

translation services available to public affairs officers in overseas posts. 

(C) WORLDWIDE SECURITY UPGRADES.—Of the amounts authorized to be 

appropriated by subparagraph (A), $646,701,000 for the fiscal year 2004 

and $679,036,000 for the fiscal year 2005 is authorized to be appropriated 

for worldwide security upgrades. 

(D) BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.—Of the amounts 

authorized to be appropriated by subparagraph (A), $20,000,000 for the fiscal year 2004 and $20,000,000 for the fiscal year 2005 is authorized to be 

appropriated for salaries and expenses of the Bureau of Democracy, Human 

Rights, and Labor. 

(E) RECRUITMENT OF MINORITY GROUPS.—Of the amount authorized to be 

appropriated by subparagraph (A), $2,000,000 for the fiscal year 2004 and 

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

recruitment of members of minority groups for careers in the Foreign Service and international affairs. 

(2) CAPITAL INVESTMENT FUND.—For ‘‘Capital Investment Fund’’, 

$157,000,000 for the fiscal year 2004 and $161,710,000 for the fiscal year 2005. 

(3) EMBASSY SECURITY, CONSTRUCTION AND MAINTENANCE.—

(A) IN GENERAL.—For ‘‘Embassy Security, Construction and Maintenance’’, $653,000,000 for the fiscal year 2004 and $784,000,000 for the fiscal 

year 2005, in addition to amounts otherwise authorized to be appropriated 

for such purpose by section 604 of the Admiral James W. Nance and Meg 

Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 

(as enacted into law by section 1000(a)(7) of Public Law 106–113 and contained in appendix G of that Act; 113 Stat. 1501A–470). 

(B) AMENDMENT OF THE NANCE-DONOVAN FOREIGN RELATIONS AUTHORIZATION ACT.—Section 604(a) of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (113 

Stat. 1501A–453) is amended—

(i) at the end of paragraph (4) by striking ‘‘and’’; 

(ii) in paragraph (5) by striking ‘‘$900,000,000.’’ and inserting 

‘‘$1,000,000,000; and’’; and 

(iii) by inserting after paragraph (5) the following: 

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

(4) REPRESENTATION ALLOWANCES.—For ‘‘Representation Allowances’’, 

$9,000,000 for the fiscal year 2004 and $9,000,000 for the fiscal year 2005. 

(5) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS.—For ‘‘Protection of Foreign Missions and Officials’’, $10,000,000 for the fiscal year 2004 and 

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

(6) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE.—For ‘‘Emergencies in the Diplomatic and Consular Service’’, $1,000,000 for the fiscal year 

2004 and such sums as may be necessary for the fiscal year 2005. 

(7) REPATRIATION LOANS.—For ‘‘Repatriation Loans’’, $1,219,000 for the fiscal 

year 2004 and $1,219,000 for the fiscal year 2005. 

(8) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN.—For ‘‘Payment to the 

American Institute in Taiwan’’, $19,773,000 for the fiscal year 2004 and 

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

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(9) OFFICE OF THE INSPECTOR GENERAL.—For ‘‘Office of the Inspector General’’, $31,703,000 for the fiscal year 2004 and $32,654,000 for the fiscal year 

2005. 

(b) AVAILABILITY OF FUNDS FOR PROTECTION OF FOREIGN MISSIONS AND OFFICIALS.—The amount appropriated pursuant to subsection (a)(5) is authorized to remain available through September 30, 2006. 

SEC. 112. UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS. 

(a) IN GENERAL.—Amounts in this section are authorized to be appropriated for 

the Department of State to carry out educational and cultural programs of the Department of State 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. 

(b) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.—

(1) AUTHORIZATION OF APPROPRIATIONS.—For ‘‘Educational and Cultural Exchange Programs’’, $393,000,000 for the fiscal year 2004 and $405,000,000 for 

the fiscal year 2005. 

(2) PROGRAMS IN EASTERN EUROPE AND FORMER SOVIET UNION.—Of the 

amounts authorized to be appropriated under paragraph (1), $150,000,000 for 

the fiscal year 2004 and $150,000,000 for the fiscal year 2005 is authorized to 

be available for programs in Eastern Europe and countries of the former Soviet 

Union. 

(3) ACADEMIC EXCHANGE PROGRAMS.—

(A) IN GENERAL.—Of the amounts authorized to be appropriated under 

paragraph (1), $142,000,000 for the fiscal year 2004 and $142,000,000 for 

the fiscal year 2005 is authorized to be available for the ‘‘Academic Exchange Programs’’ (other than programs described in paragraph (4)). 

(B) HIV/AIDS INITIATIVE.—Of the amounts authorized to be available 

under subparagraph (A), $1,000,000 for the fiscal year 2004 and $1,000,000 

for the fiscal year 2005 is authorized to be available for HIV/AIDS research 

and mitigation strategies. 

(C) FULBRIGHT ENGLISH TEACHING ASSISTANT PROGRAM IN KOREA.—Of the 

amounts authorized to be available by subparagraph (A), $750,000 for the 

fiscal year 2004 and $750,000 for the fiscal year 2005 is authorized to be 

available for the Fulbright English Teaching Assistant Program in Korea, 

which sends United States citizen students to serve as English language 

teaching assistants at Korean colleges and high schools. 

(D) DANTE B. FASCELL NORTH-SOUTH CENTER.—Of the amounts authorized 

to be available by subparagraph (A), $1,025,000 for the fiscal year 2004 and 

$1,025,000 for the fiscal year 2005 is authorized to be available for the 

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

(E) GEORGE J. MITCHELL SCHOLARSHIP PROGRAM.—Of the amounts authorized to be available under subparagraph (A), $500,000 for the fiscal year 

2004 and $500,000 for the fiscal year 2005 is authorized to be available for 

the ‘‘George J. Mitchell Scholarship Program’’ which provides for one year 

of postgraduate study for American scholars at institutions of higher education in Ireland and Northern Ireland. 

(4) OTHER EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.—

(A) IN GENERAL.—Of the amounts authorized to be appropriated under 

paragraph (1), $110,000,000 for the fiscal year 2004 and $110,000,000 for 

the fiscal year 2005 is authorized to be available for other educational and 

cultural exchange programs authorized by law. 

(B) INITIATIVES FOR PREDOMINANTLY MUSLIM COUNTRIES.—Of the 

amounts authorized to be available under subparagraph (A), $35,000,000 

for the fiscal year 2004 and $35,000,000 for the fiscal year 2005 is authorized to be available for initiatives for predominantly Muslim countries established under section 251. 

(C) TIBETAN EXCHANGES.—Of the amounts authorized to be available 

under subparagraph (A), $500,000 for the fiscal year 2004 and $500,000 for 

the fiscal year 2005 is authorized to be available for ‘‘Ngawang Choephel 

Exchange Programs’’ (formerly known as ‘‘programs of educational and cultural exchange between the United States and the people of Tibet’’) under 

section 103(a) of the Human Rights, Refugee, and Other Foreign Relations 

Provisions Act of 1996 (Public Law 104–319). 

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(D) EAST TIMORESE SCHOLARSHIPS.—Of the amounts authorized to be 

available under subparagraph (A), $1,000,000 for the fiscal year 2004 and 

$1,000,000 for the fiscal year 2005 is authorized to be available for ‘‘East 

Timorese Scholarships’’. 

(E) SOUTH PACIFIC EXCHANGES.—Of the amounts authorized to be available under subparagraph (A), $750,000 for the fiscal year 2004 and 

$750,000 for the fiscal year 2005 is authorized to be available for ‘‘South 

Pacific Exchanges’’. 

(F) SUDANESE SCHOLARSHIPS.—Of the amounts authorized to be available 

under subparagraph (A), $500,000 for the fiscal year 2004 and $500,000 for 

the fiscal year 2005 is authorized to be available for scholarships for students from southern Sudan for secondary or postsecondary education in the 

United States, to be known as ‘‘Sudanese Scholarships’’. 

(G) SUMMER INSTITUTES FOR KOREAN STUDENTS.—Of the amounts authorized to be available under subparagraph (A), $750,000 for the fiscal year 

2004 and $750,000 for the fiscal year 2005 is authorized to be available for 

summer academic study programs in the United States (focusing on United 

States political systems, government institutions, society, and democratic 

culture) for college and university students from the Republic of Korea, to 

be known as the ‘‘United States Summer Institutes for Korean Student 

Leaders’’. 

(H) SCHOLARSHIPS FOR INDIGENOUS PEOPLES OF MEXICO AND CENTRAL AND

SOUTH AMERICA.—Of the amounts authorized to be available under subparagraph (A), $400,000 for the fiscal year 2004 and $400,000 for the fiscal 

year 2005 is authorized to be available for scholarships for postsecondary 

education in the United States for students from Mexico and the countries 

of Central and South America who are from the indigenous peoples of the 

region. 

(c) NATIONAL ENDOWMENT FOR DEMOCRACY.—

(1) IN GENERAL.—For the ‘‘National Endowment for Democracy’’, $45,000,000 

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

(2) INITIATIVES FOR PREDOMINANTLY MUSLIM COUNTRIES.—Of the amounts authorized to be appropriated under paragraph (1), $3,000,000 for the fiscal year 

2004 and $3,000,000 for the fiscal year 2005 is authorized to be available for 

the National Endowment for Democracy to fund programs that promote democracy, good governance, the rule of law, independent media, religious tolerance, 

the rights of women, and strengthening of civil society in countries of predominantly Muslim population within the jurisdiction of the Bureau of Near Eastern 

Affairs of the Department of State. 

(d) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST AND

WEST.—For the ‘‘Center for Cultural and Technical Interchange between East and 

West’’, $14,280,000 for the fiscal year 2004 and $14,280,000 for the fiscal year 2005. 

(e) REAGAN-FASCELL DEMOCRACY FELLOWS.—For the ‘‘Reagan-Fascell Democracy 

Fellows’’, for fellowships for democracy activists and scholars from around the world 

at the International Forum for Democratic Studies in Washington, D.C., to study, 

write, and exchange views with other activists and scholars and with Americans, 

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

(f) BENJAMIN GILMAN INTERNATIONAL SCHOLARSHIP PROGRAM.—Section 305 of the 

Microenterprise for Self-Reliance and International Anti-Corruption Act of 2000 (22 

U.S.C. 2462 note) is amended by striking ‘‘$1,500,000’’ and inserting ‘‘$2,500,000’’. 

SEC. 113. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS. 

(a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.—There is authorized to be appropriated under the heading ‘‘Contributions to International Organizations’’ $1,010,463,000 for the fiscal year 2004 and $1,040,776,000 for the fiscal 

year 2005 for the Department to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect 

to international organizations and to carry out other authorities in law consistent 

with such purposes. 

(b) CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.—There is authorized to be appropriated under the heading ‘‘Contributions for International 

Peacekeeping Activities’’ $550,200,000 for the fiscal year 2004 and such sums as 

may be necessary for the fiscal year 2005 for the Department to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs 

of the United States with respect to international peacekeeping activities and to 

carry out other authorities in law consistent with such purposes. 

(c) FOREIGN CURRENCY EXCHANGE RATES.—

(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to the amounts authorized to be appropriated by subsection (a), there is authorized to be appropriated 

9

such sums as may be necessary for the fiscal years 2004 and 2005 to offset adverse fluctuations in foreign currency exchange rates. 

(2) AVAILABILITY OF FUNDS.—Amounts appropriated under this subsection 

may be available for obligation and expenditure only to the extent that the Director of the Office of Management and Budget determines and certifies to the 

appropriate congressional committees that such amounts are necessary due to 

such fluctuations. 

(d) REFUND OF EXCESS CONTRIBUTIONS.—The United States shall continue to insist that the United Nations and its specialized and affiliated agencies shall credit 

or refund to each member of the organization or agency concerned its proportionate 

share of the amount by which the total contributions to the organization or agency 

exceed the expenditures of the regular assessed budget of the organization or agency. 

SEC. 114. INTERNATIONAL COMMISSIONS. 

The following amounts are authorized to be appropriated under ‘‘International 

Commissions’’ for the Department to carry out the authorities, functions, duties, and 

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

(1) INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND

MEXICO.—For ‘‘International Boundary and Water Commission, United States 

and Mexico’’—

(A) for ‘‘Salaries and Expenses’’, $31,562,000 for the fiscal year 2004 and 

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

(B) for ‘‘Construction’’, $8,901,000 for the fiscal year 2004 and $8,901,000 

for the fiscal year 2005. 

(2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND CANADA.—For 

‘‘International Boundary Commission, United States and Canada’’, $1,261,000 

for the fiscal year 2004 and $1,261,000 for the fiscal year 2005. 

(3) INTERNATIONAL JOINT COMMISSION.—For ‘‘International Joint Commission’’, $7,810,000 for the fiscal year 2004 and $7,810,000 for the fiscal year 

2005. 

(4) INTERNATIONAL FISHERIES COMMISSIONS.—For ‘‘International Fisheries 

Commissions’’, $20,043,000 for the fiscal year 2004 and $20,043,000 for the fiscal year 2005. 

SEC. 115. MIGRATION AND REFUGEE ASSISTANCE. 

(a) IN GENERAL.—There is authorized to be appropriated for the Department for 

‘‘Migration and Refugee Assistance’’ for authorized activities, $927,000,000 for the 

fiscal year 2004 and $957,000,000 for the fiscal year 2005. 

(b) REFUGEES RESETTLING IN ISRAEL.—Of the amount authorized to be appropriated by subsection (a), $50,000,000 for the fiscal year 2004 and $50,000,000 for 

the fiscal year 2005 is authorized to be available for the resettlement of refugees 

in Israel. 

(c) TIBETAN REFUGEES IN INDIA AND NEPAL.—Of the amount authorized to be appropriated by subsection (a), $2,000,000 for the fiscal year 2004 and $2,000,000 for 

the fiscal year 2005 is authorized to be available for humanitarian assistance, including food, medicine, clothing, and medical and vocational training, to Tibetan refugees in India and Nepal who have fled Chinese-occupied Tibet. 

(d) HUMANITARIAN ASSISTANCE FOR DISPLACED BURMESE.—Of the amount authorized to be appropriated by subsection (a), $2,000,000 for the fiscal year 2004 and 

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

assistance (including food, medicine, clothing, and medical and vocational training) 

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

within Burma. 

(e) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to this section are authorized to remain available until expended. 

SEC. 116. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

for the Department of State for ‘‘Voluntary Contributions to International Organizations’’, $342,555,000 for the fiscal year 2004 and $345,000,000 for the fiscal year 

2005. 

(b) UNITED NATIONS VOLUNTARY FUND FOR VICTIMS OF TORTURE.—Of the 

amounts authorized to be appropriated under subsection (a), $6,000,000 for the fiscal year 2004 and $7,000,000 for the fiscal year 2005 is authorized to be available 

for a United States voluntary contribution to the United Nations Voluntary Fund 

for Victims of Torture. 

(c) ORGANIZATION OF AMERICAN STATES.—Of the amounts authorized to be appropriated under subsection (a) $2,000,000 for fiscal years 2004 and 2005 is authorized 

10

to be available for a United States voluntary contribution to the Organization of 

American States for the Inter-American Committee Against Terrorism (CICTE) to 

identify and develop a port in the Latin American and Caribbean region into a 

model of best security practices and appropriate technologies for improving port security in the Western Hemisphere. Amounts authorized to be available by the preceding sentence are authorized to remain available until expended and are in addition to amounts otherwise available to carry out section 301 of the Foreign Assistance Act of 1961 (22 U.S.C. 2221). 

(d) RESTRICTIONS ON UNITED STATES CONTRIBUTIONS TO UNITED NATIONS DEVELOPMENT PROGRAM.—

(1) LIMITATION.—Of the amounts made available under subsection (a) for each 

of the fiscal years 2004 and 2005 for United States contributions to the United 

Nations Development Program an amount equal to the amount the United Nations Development Program will spend in Burma during each fiscal year shall 

be withheld unless during such fiscal year the Secretary of State submits to the 

appropriate congressional committees the certification described in paragraph 

(2). 

(2) CERTIFICATION.—The certification referred to in paragraph (1) is a certification by the Secretary of State that all programs and activities of the United 

Nations Development Program (including United Nations Development Program—Administered Funds) in Burma—

(A) are focused on eliminating human suffering and addressing the needs 

of the poor; 

(B) are undertaken only through international or private voluntary organizations that have been deemed independent of the State Peace and Development Council (SPDC) (formerly known as the State Law and Order Restoration Council (SLORC)), after consultation with the leadership of the National League for Democracy and the leadership of the National Coalition 

Government of the Union of Burma; 

(C) provide no financial, political, or military benefit to the SPDC; and 

(D) are carried out only after consultation with the leadership of the National League for Democracy and the leadership of the National Coalition 

Government of the Union of Burma. 

(e) UNITED NATIONS POPULATION FUND (UNFPA).—

(1) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts authorized to be appropriated under subsection (a), $50,000,000 for each of the fiscal years 2004 

and 2005 is authorized only to be available for a United States voluntary contribution to the United Nations Population Fund (UNFPA). 

(2) PERMANENT GUIDELINES FOR VOLUNTARY CONTRIBUTIONS TO UNFPA.—Section 301 of the Foreign Assistance Act of 1961 (22 U.S.C. 2221) is amended by 

inserting after subsection (a) the following new subsection: 

‘‘(b)(1) For fiscal year 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.’’. 

SEC. 117. VOLUNTARY CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

for the Department of State for ‘‘Voluntary Contributions for International Peacekeeping’’, $110,000,000 for the fiscal year 2004 and $110,000,000 for the fiscal year 

2005. 

(b) PEACEKEEPING IN AFRICA.—Of the amounts authorized to be appropriated 

under subsection (a), $40,000,000 for the fiscal year 2004 and such sums as may 

be necessary for the fiscal year 2005 is authorized to be appropriated for peacekeeping activities in Africa. 

SEC. 118. GRANTS TO THE ASIA FOUNDATION. 

Section 404 of The Asia Foundation Act (title IV of Public Law 98–164; 22 U.S.C. 

4403) is amended to read as follows: 

11

‘‘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.’’. 

Subtitle B—United States International 

Broadcasting Activities 

SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS. 

The following amounts are authorized to be appropriated to carry out United 

States Government broadcasting activities under the United States Information and 

Educational Exchange Act of 1948, the United States International Broadcasting 

Act of 1994, the Radio Broadcasting to Cuba Act, the Television Broadcasting to 

Cuba Act, and the Foreign Affairs Reform and Restructuring Act of 1998, and to 

carry out other authorities in law consistent with such purposes: 

(1) INTERNATIONAL BROADCASTING OPERATIONS.— (A) IN GENERAL.—For ‘‘International Broadcasting Operations’’, $600,354,000 for the fiscal year 2004 and $612,146,000 for the fiscal year 

2005. 

(B) ALLOCATION OF FUNDS.—Of the amounts authorized to be appropriated by subparagraph (A), there is authorized to be available for Radio 

Free Asia $30,000,000 for the fiscal year 2004 and $30,000,000 for the fiscal 

year 2005. 

(C) OFFICE OF GLOBAL INTERNET FREEDOM.—Of the amounts authorized 

to be appropriated by subparagraph (A), there is authorized to be available 

for the Broadcasting Board of Governors for the establishment and operations of the Office of Global Internet Freedom under section 524(a) 

$8,000,000 for the fiscal year 2004 and $8,000,000 for the fiscal year 2005. 

(2) BROADCASTING CAPITAL IMPROVEMENTS.—For ‘‘Broadcasting Capital Improvements’’, $29,895,000 for the fiscal year 2004 and $11,395,000 for the fiscal 

year 2005. 

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

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

TITLE II—DEPARTMENT OF STATE 

AUTHORITIES AND ACTIVITIES 

Subtitle A—United States Public Diplomacy 

SEC. 201. FINDINGS AND PURPOSES. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) The United States possesses strong and deep connections with the peoples 

of the world separate from its relations with their governments. These connections can be a major asset in the promotion of United States interests and foreign policy. 

(2) Misinformation and hostile propaganda in these countries regarding the 

United States and its foreign policy endanger the interests of the United States. 

Existing efforts to counter such misinformation and propaganda are inadequate 

and must be greatly enhanced in both scope and substance. 

(3) United States foreign policy has been hampered by an insufficient consideration of the importance of public diplomacy in the formulation and implementation of that policy and by the underuse of modern communication techniques. 

(4) The United States should have an operational strategy and a coordinated 

effort regarding the utilization of its public diplomacy resources. 

(5) The development of an operational strategy and a coordinated effort by 

United States agencies regarding public diplomacy would greatly enhance 

United States foreign policy. 

(6) The Secretary of State has undertaken efforts to ensure that of the new 

positions established at the Department of State after September 30, 2002, a 

significant proportion are for public diplomacy. 

(b) PURPOSES.—It is the purpose of this subtitle to enhance in scope and substance, redirect, redefine, and reorganize United States public diplomacy. 

SEC. 202. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE. 

(a) IN GENERAL.—The State Department Basic Authorities Act of 1956 (22 U.S.C. 

265 et seq.) is amended by inserting after section 58 the following new section: 

12

‘‘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 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.’’. 

(b) ESTABLISHMENT OF PUBLIC DIPLOMACY RESERVE CORPS.—

(1) The Secretary of State shall establish a public diplomacy reserve corps to 

augment the public diplomacy capacity and capabilities of the Department in 

emergency and critical circumstances worldwide. The Secretary shall develop a 

contingency plan for the use of the corps to bolster public diplomacy resources 

and expertise. To the extent necessary and appropriate, the Secretary may recruit experts in public diplomacy and related fields from the private sector. 

(2) While actively serving with the reserve corps, individuals are prohibited 

from engaging in activities directly or indirectly intended to influence public 

opinion within the United States to the same degree that employees of the Department engaged in public diplomacy are so prohibited. 

(c) FUNCTIONS OF THE UNDER SECRETARY FOR PUBLIC DIPLOMACY.—

(1) Section 1(b)(3) of the State Department Basic Authorities Act of 1956 (22 

U.S.C. 2651a(b)(3)) is amended by striking ‘‘formation’’ and all that follows 

through the period at the end and inserting ‘‘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 

13

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.’’. (2) The Under Secretary for Public Diplomacy, in carrying out the functions 

under the last sentence of section 1(b)(3) of the State Department Basic Authorities Act of 1956 (as added by paragraph (1), shall consult with public diplomacy officers operating at United States overseas posts and in the regional bureaus of the Department of State. 

SEC. 203. ANNUAL PLAN ON PUBLIC DIPLOMACY STRATEGY. 

The Secretary of State, in coordination with all appropriate Federal agencies, 

shall prepare an annual review and analysis of the impact of public diplomacy efforts on target audiences. Each review shall assess the United States public diplomacy strategy worldwide and by region, including the allocation of resources and 

an evaluation and assessment of the progress in, and barriers to, achieving the 

goals set forth under previous plans submitted under this section. On the basis of 

such review, the Secretary of State, in coordination with all appropriate Federal 

agencies shall develop and submit, as part of the annual budget submission, a public diplomacy strategy which specifies goals, agency responsibilities, and necessary 

resources and mechanisms for achieving such goals during the next fiscal year. The 

plan may be submitted in classified form. 

SEC. 204. PUBLIC DIPLOMACY TRAINING. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) The Foreign Service should recruit individuals with expertise and professional experience in public diplomacy. 

(2) Ambassadors should have a prominent role in the formulation of public 

diplomacy strategies for the countries and regions to which they are assigned 

and be accountable for the operation and success of public diplomacy efforts at 

their posts. 

(3) Initial and subsequent training of Foreign Service officers should be enhanced to include information and training on public diplomacy and the tools 

and technology of mass communication. 

(b) PERSONNEL.—

(1) In the recruitment, training, and assignment of members of the Foreign 

Service, the Secretary shall emphasize the importance of public diplomacy and 

of applicable skills and techniques. The Secretary shall consider the priority recruitment into the Foreign Service, at middle-level entry, of individuals with expertise and professional experience in public diplomacy, mass communications, 

or journalism, especially individuals with language facility and experience in 

particular countries and regions. 

(2) The Secretary of State shall seek to increase the number of Foreign Service officers proficient in languages spoken in predominantly Muslim countries. 

Such increase shall be accomplished through the recruitment of new officers 

and incentives for officers in service. 

SEC. 205. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY. 

(a) STUDY AND REPORT BY UNITED STATES ADVISORY COMMISSION ON PUBLIC DI- PLOMACY.—Section 604(c)(2) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1469(c)(2)) is amended to read as follows: 

‘‘(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.’’. 

(b) INFORMATION AND SUPPORT FROM OTHER AGENCIES.—Upon request of the 

United States Advisory Commission on Public Diplomacy, the Secretary of State, the 

Director of the United States International Broadcasting Agency, and the head of 

any other Federal agency that conducts public diplomacy programs and activities 

shall provide information to the Advisory Commission to assist in carrying out the 

responsibilities under section 604(c)(2) of the United States Information and Educational Exchange Act of 1948 (as amended by subsection (a)). 

14

(c) ENHANCING THE EXPERTISE OF UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.—

(1) QUALIFICATIONS OF MEMBERS.—Section 604(a)(2) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1469(a)(2)) is 

amended by adding at the end the following: ‘‘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.’’. 

(2) APPLICATION OF AMENDMENT.—The amendments made by paragraph (1) 

shall not apply to individuals who are members of the United States Advisory 

Commission on Public Diplomacy on the date of the enactment of this Act. 

SEC. 206. LIBRARY PROGRAM. 

The Secretary of State shall develop and implement a demonstration program to 

assist foreign governments to establish or upgrade their public library systems to 

improve literacy and support public education. The program should provide training 

in the library sciences. The purpose of the program shall be to advance American 

values and society, particularly the importance of freedom and democracy.

SEC. 207. SENSE OF CONGRESS CONCERNING PUBLIC DIPLOMACY EFFORTS IN SUB-SAHARAN 

AFRICA. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) A significant number of sub-Saharan African countries have predominantly Muslim populations, including such key countries as Nigeria, Senegal, 

Djibouti, Mauritania, and Guinea. 

(2) In several of these countries, groups with links to militant religious organizations are active among the youth, primarily young men, promoting a philosophy and practice of intolerance and radical clerics are effectively mobilizing 

public sentiment against the United States. 

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

should include countries in sub-Saharan Africa with predominantly Muslim populations in the public diplomacy activities authorized by this Act and the amendments made by this Act.

SEC. 208. THE COLIN POWELL CENTER FOR AMERICAN DIPLOMACY. 

Title I of the State Department Basic Authorities Act of 1956 is amended by adding after section 59 (22 U.S.C. 2730) the following new 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 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 

15

‘‘(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.’’. 

Subtitle B—Basic Authorities and Activities 

SEC. 221. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS THE CAPITAL OF 

ISRAEL. 

(a) LIMITATION ON USE OF FUNDS FOR CONSULATE IN JERUSALEM.—None of the 

funds authorized to be appropriated by this Act may be expended for the operation 

of a United States consulate or diplomatic facility in Jerusalem unless such consulate or diplomatic facility is under the supervision of the United States Ambassador to Israel. 

(b) LIMITATION ON USE OF FUNDS FOR PUBLICATIONS.—None of the funds authorized to be appropriated by this Act may be available for the publication of any official government document which lists countries and their capital cities unless the 

publication identifies Jerusalem as the capital of Israel. 

(c) RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—The first section of ‘‘An Act to regulate the issue and validity of passports, and for other purposes’’, approved July 3, 1926 (22 U.S.C. 211a; 44 Stat. 887) is amended by inserting 

after the first sentence the following: ‘‘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.’’. 

SEC. 222. MODIFICATION OF REPORTING REQUIREMENTS. 

(a) REPEAL.—Section 805 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (section 805(a) of division A of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106-

113; appendix G; 113 Stat. 1501A-470) (relating to reports on terrorist activity in 

which United States citizens were killed and related matters) is hereby repealed. 

(b) ANNUAL COUNTRY REPORTS ON TERRORISM.—Section 140(b)(2) of the Foreign 

Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 22 

U.S.C. 2656f(b)(2)) is amended—

(1) in subparagraph (D), by striking ‘‘and’’ at the end; 

(2) in subparagraph (E), by striking the period at the end and inserting ‘‘; 

and’’; and 

(3) by adding at the end the following: 

‘‘(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 informaVerDate Jan 31 2003 01:42 May 18, 2003 Jkt 019006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6621 E:\HR\OC\HR105P1.XXX HR105P1
16

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

(c) CONSULTATION.—The Secretary of State shall, in preparing the portion of the 

annual country reports on terrorism required by subparagraph (F) of section 

140(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 

(Public Law 100–204; 22 U.S.C. 2656f(b)(2)), as added by subsection (b), consult and 

coordinate with all other Government officials who have information necessary to 

complete that portion of the report. Nothing contained in this subsection 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. 

SEC. 223. REPORT CONCERNING EFFORTS TO PROMOTE ISRAEL’S DIPLOMATIC RELATIONS 

WITH OTHER COUNTRIES. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) Israel is a friend and ally of the United States whose security is vital to 

regional stability and United States interests. 

(2) Israel currently maintains diplomatic relations with approximately 160 

countries. Approximately 30 countries do not have any diplomatic relations with 

Israel. 

(3) The State of Israel has been actively seeking to establish formal relations 

with a number of countries. 

(4) The United States should assist its ally, Israel, in its efforts to establish 

diplomatic relations. 

(5) After more than 50 years of existence, Israel deserves to be treated as an 

equal nation by its neighbors and the world community. 

(b) REPORT CONCERNING UNITED STATES EFFORTS TO PROMOTE ISRAEL’S DIPLO- MATIC RELATIONS WITH OTHER COUNTRIES.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary shall submit a report to the appropriate 

congressional committees that includes the following information (in classified or 

unclassified form, as appropriate): 

(1) Actions taken by the United States to encourage other countries to establish full diplomatic relations with Israel. 

(2) Specific responses solicited and received by the Secretary from countries 

that do not maintain full diplomatic relations with Israel with respect to the 

status of negotiations to enter into diplomatic relations with Israel. 

(3) Other measures being undertaken, and measures that will be undertaken, 

by the United States to ensure and promote Israel’s full participation in the 

world diplomatic community. 

SEC. 224. REIMBURSEMENT RATE FOR AIRLIFT SERVICES PROVIDED TO THE DEPARTMENT 

OF STATE. 

Section 2642 of title 10, United States Code, is amended—

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

(2) in subsection (a) by striking ‘‘Agency,’’ and inserting ‘‘Agency or the Department of State,’’. 

SEC. 225. SENSE OF CONGRESS REGARDING ADDITIONAL UNITED STATES CONSULAR POSTS. 

It is the sense of the Congress that to help advance United States economic, political, and public diplomacy interests, the Secretary of State should make best efforts 

to establish consulates or other appropriate diplomatic presence in: Pusan, South 

Korea; Medan, Indonesia; and Hat Yai, Thailand. 

SEC. 226. VALIDITY OF UNITED STATES PASSPORTS FOR TRAVEL TO COUNTRIES RECEIVING 

UNITED STATES FOREIGN ASSISTANCE. 

The first section of the Act entitled ‘‘An Act to regulate the issue and validity of 

passports, and for other purposes’’, approved July 3, 1926 (22 U.S.C. 211a) is 

amended by striking ‘‘travellers.’’ and inserting ‘‘travellers, 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.’’.

SEC. 227. SECURITY CAPITAL COST SHARING. 

(a) AUTHORIZATION.—The first section of the Foreign Service Buildings Act, 1926 

(22 U.S.C. 292) is amended by adding at the end the following new subsection: 

‘‘(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, 

17

and expend those funds to accelerate 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).’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on 

October 1, 2004. 

SEC. 228. AUTHORITY TO ISSUE ADMINISTRATIVE SUBPOENAS. 

Section 37 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709) 

is amended by adding at the end the following new subsection: 

‘‘(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. 

‘‘(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 reVerDate Jan 31 2003 01:42 May 18, 2003 Jkt 019006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6621 E:\HR\OC\HR105P1.XXX HR105P1
18

garding the exercise of the authority under this subsection during the previous 

calendar year.’’.

SEC. 229. ENHANCING REFUGEE RESETTLEMENT AND MAINTAINING THE UNITED STATES 

COMMITMENT TO REFUGEES. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) The United States has a longstanding tradition of providing refugee assistance and relief through the Department of State’s migration and refugee assistance account for refugees throughout the world who have been subjected to religious and other forms of persecution. 

(2) A strong refugee resettlement and assistance program is a critical component of the United States’ strong commitment to freedom. 

(3) The United States refugee admissions program has been in decline for 

much of the last five years, resulting in a chronic inability of the United States 

to meet the ceiling on refugee admissions that has been set by the President 

each year. 

(4) Refugee applicants have always undergone rigorous security screenings. 

The September 11, 2001, terrorist attacks on the United States has rightfully 

increased the awareness of the need to ensure that all aliens seeking admission 

to the United States would not endanger the United States. 

(5) Private voluntary organizations and nongovernmental organizations 

(NGOs) have and continue to provide valuable information to State Department 

officials for refugee processing, and along with Embassy personnel, can be utilized to assist in the preliminary screening of refugees so that State Department 

officials can focus to a greater extent on security. 

(6) Currently there are 15 million refugees worldwide. In order to meet the 

ceiling set by the Administration, which has been 70,000 in recent years, a 

broader cross-section could be considered for resettlement in the United States 

if the Department of State were to expand existing refugee processing priority 

categories in a reasonable and responsible manner. Expansion of refugee selection should include the expanded use of both the existing category reserved for 

refugees of special interest to the United States as well as the existing categories reserved for family reunification. 

(b) PURPOSE.—It is the purpose of this section to provide the Department of State 

with tools to enable it to carry out its responsibilities with greater efficiency with 

respect to the identification and processing of refugee applicants. 

(c) ENHANCEMENT OF REFUGEE IDENTIFICATION AND PROCESSING.—

(1) In addition to traditional agencies currently used in the processing of refugees for admission to the United States, where applicable, the Secretary shall 

develop and utilize partnerships with voluntary resettlement organizations that 

permit such organizations to assist in the identification and referral of refugees. 

(2) In addition to traditional agencies currently used in the processing of refugees for admission to the United States, where applicable, the Secretary shall 

utilize private voluntary organizations with ties to domestic constituencies in 

the overseas processing of refugees. 

(3) In addition to traditional agencies currently used in the processing of refugees for admission to the United States, where applicable, the Secretary shall 

establish refugee response teams. 

(A) ESTABLISHMENT OF REFUGEE RESPONSE TEAMS.—In order to make the 

processing of refugees more efficient and effective, enhance the quality of 

refugee resettlement programs, and to augment the capacity of the United 

States government to identify, process, assist, and counsel individuals for 

eventual adjudication by the Department of Homeland Security as refugees, 

where applicable, the Secretary shall establish and utilize the services of 

Refugee Response Teams, (in this section referred to as ‘‘RRTs’’). RRTs shall 

be coordinated by the Assistant Secretary of State for Population, Refugees, 

and Migration, or the Assistant Secretary’s designee. 

(B) COMPOSITION OF THE RRTS.—RRTs shall be comprised of representatives of nongovernmental organizations and private voluntary organizations 

that have experience in refugee law, policy and programs. 

(C) RESPONSIBILITIES OF THE RRTS.—RRTs shall be responsible for—

(i) monitoring refugee situations, with a view toward identifying 

those refugees whose best durable solution is third country resettlement; 

(ii) preparing profiles and documentation for resettlement consideration by the United States Government; 

(iii) augmenting or establishing an overseas operation, especially in 

response to urgent developments requiring quick responses or more 

staff resources than are available in the existing processing entities; 

19

(iv) assisting with training and technical assistance to existing international organizations and other processing entities; and 

(v) such other responsibilities as may be determined by the Secretary 

of State. 

(D) RESPONSIBILITIES OF THE SECRETARY.—The Secretary shall establish 

appropriate training seminars for RRT personnel and make use of RRTs in 

situations where existing mechanisms are unable to identify and process 

refugees in a timely manner. 

(d) PERFORMANCE STANDARDS.—In consultation with private voluntary organizations and NGOs, the Secretary shall establish performance standards to ensure accountability and effectiveness in the tasks carried out in subsection (c). 

(e) CONSIDERATION OF VARIOUS GROUPS.—To ensure that there is adequate planning across fiscal years and that both the Department of State’s planning and processing operations result in adequate numbers of travel-ready refugees to fulfill the 

admissions goals set forth in the determinations on refugee admissions required by 

sections 207(a) and 207(b) of the Immigration and Nationality Act (8 U.S.C. 1157(a) 

and (b)), the Secretary of State shall work to ensure that—

(1) those refugees in special need, including long-stayers in first countries of 

asylum, unaccompanied refugee minors, urban refugees, and refugees in 

women-headed households be given special attention for resettlement processing; 

(2) attempts are made to expand processing of those refugees of all nationalities who have close family ties to citizens and residents in the United States, 

including spouses, unmarried children, or parents of persons lawfully admitted 

to the United States, regardless of their country of nationality, country of habitual residence, or first country of asylum, as well as grandparents, grandchildren, married sons or daughters, or siblings of United States citizens or 

other persons lawfully admitted to the United States; 

(3) attempts are made to expand the number of refugees considered who are 

of special concern to the United States; and 

(4) expanded access is provided to broader categories of refugees seeking admission to the United States, thus reducing instances of relationship-based misrepresentation by persons who are bona fide refugees but who resort to such 

misrepresentation merely as a way to be interviewed for refugee status. 

(f) REPORT.—Not later than 180 days after the date of the enactment of this Act, 

the Secretary of State shall submit a report to Congress that includes information 

concerning the following: 

(1) Efforts of the Secretary to utilize NGO’s in refugee identification, utilize 

private voluntary organizations in processing refugees, establish and utilize 

RRTs, and an explanation of the rationale for not using such organizations and 

agencies in situations where the Secretary has made such a determination, as 

described in subsection (c). 

(2) Efforts of the Secretary to implement performance standards and measures as described in subsection (d) and the success of NGO’s and private voluntary organizations in meeting such standards. 

(3) Efforts of the Secretary to expand consideration of various groups for refugee processing as described in subsection (e). 

(4) Efforts to ensure that there is planning across fiscal years so as to fulfill 

the refugee admissions goals set forth by the President in his annual presidential determinations on refugee admissions.

SEC. 230. THE COLIN POWELL CENTER FOR AMERICAN DIPLOMACY. 

Title I of the State Department Basic Authorities Act of 1956 is amended by adding after section 59 (22 U.S.C. 2730) the following new 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. 

20

‘‘(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 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.’’. 

Subtitle C—Educational and Cultural Authorities 

SEC. 251. ESTABLISHMENT OF INITIATIVES FOR PREDOMINANTLY MUSLIM COUNTRIES. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) Surveys indicate that, in countries of predominantly Muslim population, 

opinions of the United States and American foreign policy among the general 

public and select audiences are significantly distorted by highly negative and 

hostile beliefs and images and that many of these beliefs and images are the 

result of misinformation and propaganda by individuals and organizations hostile to the United States. 

(2) These negative opinions and images are highly prejudicial to the interests 

of the United States and to its foreign policy. 

(3) As part of a broad and long-term effort to enhance a positive image of the 

United States in the Muslim world, a key element should be the establishment 

of programs to promote a greater familiarity with American society and values 

among the general public and select audiences in countries of predominantly 

Muslim population. 

(b) ESTABLISHMENT OF INITIATIVES.—The Secretary of State shall establish the following programs with countries with predominantly Muslim populations as part of 

the educational and cultural exchange programs of the Department of State for the 

fiscal years 2004 and 2005: 

(1) JOURNALISM PROGRAM.—A program for foreign journalists, editors, media 

managers, and postsecondary students of journalism which, in cooperation with 

private sector sponsors to include universities, shall sponsor workshops and professional training in techniques, standards, and practices in the field of journalism to assist the participants to achieve the highest standards of professionalism. 

(2) ENGLISH LANGUAGE TEACHING.—The Secretary shall provide grants to 

United States citizens to work in middle and secondary schools as English language teaching assistants for not less than an academic year. If feasible, the 

host government or local educational agency shall share the salary costs of the 

assistants. 

(3) SISTER CITY PARTNERSHIPS.—The Secretary shall expand and enhance sister-city partnerships between United States and international municipalities in 

an effort to increase global cooperation at the community level. Such partnerships shall encourage economic development, municipal cooperation, health care 

initiatives, youth and educational programs, disability advocacy, emergency preparedness, and humanitarian assistance. 

(4) CIVICS EDUCATION.—The Secretary shall establish a civics education program which shall develop civics education teaching curricula and materials, provide training for teachers of civics, and provide English language teaching materials that are designed to promote civics education. Civics education programs 

21

under this paragraph shall place particular emphasis on the on-site training of 

educators and the function of the mass media within that society. 

(5) YOUTH AMBASSADORS.—The Secretary shall establish a program for visits 

by middle school students (to the extent feasible) and secondary school students 

to the United States during school holidays in their home country for periods 

not to exceed 4 weeks and a program for academic year study in the United 

States for secondary school students. Participating students shall reflect the 

economic, geographic, and ethnic diversity of their countries. Activities shall include cultural and educational activities designed to familiarize participating 

students with American society and values. To the extent practicable, the program involving school holiday visits shall be coordinated with middle and secondary schools in the United States to provide for school-based activities and 

interactions. The Secretary shall encourage the establishment of direct schoolto-school linkages under the programs. 

(6) FULBRIGHT EXCHANGE PROGRAM.—The Secretary shall seek to substantially increase the number of awards under the J. William Fulbright Educational Exchange Program to graduate students, scholars, professionals, teachers, and administrators from the United States who are applying for such 

awards to study, teach, conduct research, or pursue scholarship in predominantly Muslim countries. Part of such increase shall include awards for scholars 

and teachers who plan to teach subjects relating to American studies. 

(7) HUBERT H. HUMPHREY FELLOWSHIPS.—The Secretary shall seek to substantially increase the number of Hubert H. Humphrey Fellowships awarded to candidates from predominantly Muslim countries. 

(8) LIBRARY TRAINING EXCHANGE PROGRAM.—The Secretary shall develop an 

exchange program for postgradute students seeking additional training in the 

library sciences and related fields. 

(c) GENERAL PROVISION.—Programs established under this section shall be carried 

out under the provisions of the United States Information and Educational Exchange Act of 1948 and the Mutual Educational and Cultural Exchange Act of 1961. 

SEC. 252. DATABASE OF AMERICAN AND FOREIGN PARTICIPANTS IN EXCHANGE PROGRAMS. 

To the extent practicable, the Secretary of State, in coordination with the heads 

of other agencies that conduct international exchange and training programs, shall 

establish and maintain a database listing all American and foreign alumni of such 

programs in order to encourage networking, interaction, and communication with 

alumni. 

SEC. 253. REPORT ON INCLUSION OF FREEDOM AND DEMOCRACY ADVOCATES IN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS. 

Not later than 90 days after the date of the enactment of this Act, the Secretary 

of State shall submit to the Congress a report concerning the implementation of section 102 of the Human Rights, Refugee, and Other Foreign Relations Provisions Act 

of 1996. The report shall include information concerning the number of grants to 

conduct exchange programs to countries described in such section that have been 

submitted for competitive bidding, what measures have been taken to ensure that 

willingness to include supporters of freedom and democracy in such programs is 

given appropriate weight in the selection of grantees, and an evaluation of whether 

United States exchange programs in the countries described in such section are fully 

open to supporters of freedom and democracy, and, if not, what obstacles remain 

and what measures are being taken to implement such policy. 

SEC. 254. SENSE OF THE CONGRESS CONCERNING EDUCATIONAL AND CULTURAL EXCHANGE 

PROGRAM FOR FOREIGN JOURNALISTS. 

It is the sense of the Congress that the Secretary of State should work toward 

the establishment of a program for foreign journalists from regions of conflict that 

will provide professional training in techniques, standards, and practices in the field 

of journalism. 

SEC. 255. SENSE OF CONGRESS REGARDING KOREAN FULBRIGHT PROGRAMS. 

It is the sense of the Congress that Fulbright program activities for Korea 

should—

(1) include participation by students from throughout South Korea, including 

proportional representation from areas outside of Seoul; 

(2) attempt to include Korean students from a broad range of educational institutions, including schools other than elite universities; 

(3) broaden the Korean student emphasis beyond degree-seeking graduate 

students, to include opportunities for one-year nondegree study at United States 

campuses by pre-doctoral Korean students; and 

22

(4) include a significant number of Korean students planning to move into 

areas other than advanced research and university teaching, such as those 

heading towards careers in government service, media, law, and business.

SEC. 256. AUTHORIZING EAST TIMORESE SCHOLARSHIPS FOR GRADUATE STUDY. 

Section 237 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 

1995 (Public Law 103–236) is amended by inserting ‘‘graduate or’’ after ‘‘at the’’. 

SEC. 257. PUBLIC SAFETY AWARENESS IN STUDY ABROAD PROGRAMS. 

With respect to the Department of State’s support for study abroad programs, 

Congress—

(1) encourages the Bureau of Educational and Cultural Affairs to support 

public safety awareness activities as part of such programs; and 

(2) encourages the Bureau to continue supporting such activities and urges 

special attention to public safety issues, including road safety. 

Subtitle D—Consular Authorities 

SEC. 271. MACHINE READABLE VISAS. 

Section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 

1995 (8 U.S.C. 1351 note) is amended by adding at the end the following: 

‘‘(4) For each of the 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.’’.

SEC. 272. PROCESSING OF VISA APPLICATIONS. 

(a) IN GENERAL.—It shall be the policy of the Department of State to process each 

visa application from an alien classified as an immediate relative or as a K-1 nonimmigrant within 30 days of the receipt of all necessary documents from the applicant and the Department of Homeland Security. In the case of an immigrant visa 

application where the petitioner is a relative other than an immediate relative, it 

should be the policy of the Department to process such an application within 60 

days of the receipt of all necessary documents from the applicant and the Department of Homeland Security. 

(b) DEFINITIONS.—In this section: 

(1) IMMEDIATE RELATIVE.—The term ‘‘immediate relative’’ has the meaning 

given the term in section 201(b)(2)(A)(i) of the Immigration and Nationality Act 

(8 U.S.C. 1151(b)(2)(A)(i)). 

(2) K–1 NONIMMIGRANT.—The term ‘‘K–1 nonimmigrant’’ means a nonimmigrant alien described in section 101(a)(15)(K)(i) of the Immigration and 

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

SEC. 273. STAFFING AT DIPLOMATIC MISSIONS. 

At least once every five years and pursuant to a process determined by the President for staffing at diplomatic missions and overseas constituent posts, the Secretary of State shall require each chief of mission to review every staff element 

under chief of mission authority, including staff from other executive agencies, and 

recommend approval or disapproval of each staff element. The Secretary of State 

shall submit an annual report concerning such reviews together with the Secretary’s 

recommendations to the heads of all affected agencies and the Inspector General of 

the Department of State. 

TITLE III—ORGANIZATION AND PERSONNEL 

OF THE DEPARTMENT OF STATE 

SEC. 301. FELLOWSHIP OF HOPE PROGRAM. 

The Secretary of State is authorized to establish in the Department of State an 

exchange program to be designated the ‘‘Fellowship of Hope Program’’. The program 

shall provide for the exchange and assignment of government employees of designated countries to fellowship positions at the Department of State and reciprocal 

assignment of civil service and foreign service employees of the Department as fellows within the governments of foreign countries. 

SEC. 302. CLAIMS FOR LOST PAY. 

Section 2 of the State Department Basic Authorities Act (22 U.S.C. 2669) is 

amended—

23

(1) at the end of subsection (o) by striking the period and inserting ‘‘; and’’; 

and 

(2) by inserting after subsection (o) the following new subsection: 

‘‘(p) make administrative corrections or adjustments to an employee’s pay, allowances, or differentials, resulting from mistakes or retroactive personnel actions, and 

to provide back pay and other categories of payments under the Back Pay Act as 

part of the settlement of administrative claims or grievances filed against the Department.’’. 

SEC. 303. OMBUDSMAN FOR THE DEPARTMENT OF STATE. 

(a) ESTABLISHMENT.—There is established in the Office of the Secretary of State 

the position of Ombudsman. The position of Ombudsman shall be a career position 

within the Senior Executive Service. The Ombudsman shall report directly to the 

Secretary of State. 

(b) DUTIES.—At the discretion of the Secretary of State, the Ombudsman shall 

participate in meetings regarding the management of the Department in order to 

assure that all employees may contribute to the achievement of the Department’s 

responsibilities and to promote the career interests of all employees. 

(c) CONFORMING AMENDMENT.—Section 172 of the Foreign Relations Authorization 

Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2664a) is amended—

(1) by striking subsection (c); and 

(2) by redesignating subsection (d) as subsection (c). 

SEC. 304. REPEAL OF RECERTIFICATION REQUIREMENT FOR SENIOR FOREIGN SERVICE. 

Section 305 of the Foreign Service Act of 1980 (22 U.S.C. 3945) is amended by 

striking subsection (d). 

SEC. 305. REPORT CONCERNING STATUS OF EMPLOYEES OF STATE DEPARTMENT. 

Not later than one year after the date of the enactment of this Act, the Secretary 

of State shall prepare and submit to the appropriate congressional committees a report that analyzes and evaluates the merits of the conversion of employees of the 

Department of State to excepted service under chapter 21 of title 5, United States 

Code. 

SEC. 306. HOME LEAVE. 

(a) REST AND RECUPERATION TRAVEL.—Section 901(6) of the Foreign Service Act 

of 1980 (22 U.S.C. 4081(6)) is amended by striking ‘‘unbroken by home leave’’ both 

places it appears. 

(b) REQUIRED LEAVE IN THE UNITED STATES.—Section 903(a) of the Foreign Service Act of 1980 (22 U.S.C. 4083(a)) is amended by striking ‘‘18 months’’ and inserting ‘‘12 months’’. 

SEC. 307. INCREASED LIMITS APPLICABLE TO POST DIFFERENTIALS AND DANGER PAY ALLOWANCES. 

(a) POST DIFFERENTIALS.—Section 5925(a) of title 5, United States Code, is 

amended by striking ‘‘25 percent’’ in the third sentence and inserting ‘‘35 percent’’. 

(b) DANGER PAY ALLOWANCES.—Section 5928 of title 5, United States Code, is 

amended by striking ‘‘25 percent’’ both places it appears and inserting ‘‘35 percent’’. 

(c) CRITERIA.—The Secretary shall inform the appropriate congressional committees of the criteria to be used in determinations of appropriate adjustments in post 

differentials under section 5925 of title 5, United States Code, and danger pay allowances under section 5928 of title 5, United States Code. 

(d) STUDY AND REPORT.—Two years after the date of the enactment of this Act, 

the Secretary of State shall conduct a study assessing the effect of the increases in 

post differentials and danger pay allowances made by the amendments in subsections (a) and (b) in filling ‘‘hard-to-fill’’ positions. The Secretary shall submit a 

report of such study to the appropriate congressional committees. 

SEC. 308. REGULATIONS REGARDING RETIREMENT CREDIT FOR GOVERNMENT SERVICE PERFORMED ABROAD. 

Section 321(f) of the Foreign Relations Authorization Act, Fiscal Year 2003 (5 

U.S.C. 8411 note; Public Law 107–228) is amended by striking ‘‘regulations’’ and inserting ‘‘regulations, not later than 60 days after the date of the enactment of the 

Foreign Relations Authorization Act, Fiscal Years 2004 and 2005,’’. 

SEC. 309. MINORITY RECRUITMENT. 

(a) REPORTING REQUIREMENT.—Section 324 of the Foreign Relations Authorization 

Act, Fiscal Year 2003 (Public Law 107–228) is amended by striking ‘‘and April 1, 

2004’’ and inserting ‘‘April 1, 2004, and April 1, 2005’’. 

(b) USE OF FUNDS.—The provisions of section 325 of such Act shall apply to funds 

authorized by section 111(a)(1)(E) of this Act. 

24

(c) CONFORMING AMENDMENT.—Section 325(c) of such Act is amended in the second sentence by striking ‘‘two’’ and inserting ‘‘three’’.

SEC. 310. MERITORIOUS STEP INCREASES. 

Section 406(b) of the Foreign Service Act of 1980 (22 U.S.C. 3966(b)) is amended 

by striking ‘‘receiving an increase in salary under subsection (a),’’. 

TITLE IV—INTERNATIONAL ORGANIZATIONS 

Subtitle A—Basic Authorities and Activities 

SEC. 401. RAISING THE CAP ON PEACEKEEPING CONTRIBUTIONS. 

Section 404(b)(2)(B) of the Foreign Relations Authorization Act, Fiscal Years 1994 

and 1995 is amended by inserting after clause (iv) the following: ‘‘(v) For assessments made during calendar year 2005 and calendar 

year 2006, 27.10 percent.’’. 

SEC. 402. REGARDING THE REENTRY OF THE UNITED STATES IN UNESCO. 

(a) SENSE OF CONGRESS.—As the United States resumes membership in the 

United Nations Educational, Scientific, and Cultural Organization (UNESCO), the 

President should— (1) appoint a United States Representative to the Organization for Economic 

Cooperation and Development (OECD) who shall also serve as the United 

States Representative to UNESCO; 

(2) take steps to ensure that more Americans are employed by UNESCO, particularly for senior level positions; 

(3) request that the Secretary General of UNESCO create a Deputy Director 

General position for Management or a comparable position with high level managerial and administrative responsibilities to be filled by an American; 

(4) insist that any increases in UNESCO’s budget beyond the level of zero 

nominal growth for the 2004-2005 biennium focus primarily on the adoption of 

management and administrative reforms; and 

(5) request that the Secretary General of UNESCO spend the United States 

contribution to UNESCO for the last quarter of calendar year 2003 on key education and science priorities of the organization that will directly benefit United 

States national interests. 

(b) ANNUAL ASSESSMENT FOR UNITED STATES PARTICIPATION IN UNESCO.—Of the 

amounts authorized to be appropriated by section 113(a), such sums as may be necessary for each of the fiscal years 2004 and 2005 are authorized to be available for 

the annual assessment for United States contributions to the regular budget of the 

United Nations Educational, Scientific, and Cultural Organization.

SEC. 403. UNESCO NATIONAL COMMISSION. 

(a) IN GENERAL.—Section 3 of the Act of July 30, 1946, ‘‘Providing for membership 

and participation by the United States in the United Nations Educational, Scientific, and Cultural Organization, and authorizing an appropriation therefor.’’ (22 

U.S.C. 287o) is amended to read as follows: 

‘‘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. 

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‘‘(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 the National Commission to assist it in carrying out its duties under this Act.’’. 

(b) CONFORMING CHANGES.—Section 2 of the Act of July 30, 1946, ‘‘Providing for 

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

therefor.’’ (22 U.S.C. 287o) is amended by striking ‘‘One of the representatives’’ and 

all that follows through the end of such section.

SEC. 404. ORGANIZATION OF AMERICAN STATES (OAS) EMERGENCY FUND. 

Section 109(b)(3) of Public Law 104–114 (22 U.S.C. 6039(b)(3)) is amended by 

striking ‘‘should provide not less than $5,000,000’’ and inserting ‘‘shall provide for 

each of the fiscal years 2004 and 2005 not less than $500,000’’.

SEC. 405. UNITED STATES EFFORTS REGARDING THE STATUS OF ISRAEL IN THE WESTERN 

EUROPEAN AND OTHERS GROUP AT THE UNITED NATIONS. 

(a) UNITED STATES EFFORTS.—The Secretary of State and other appropriate officials of the United States Government should pursue an aggressive diplomatic effort 

and should take all necessary steps to ensure the extension and upgrade of Israel’s 

membership in the Western European and Others Group at the United Nations. 

(b) REPORT.—Not later than 60 days after the date of the enactment of this Act 

and semiannually thereafter through September 30, 2005, the Secretary of State 

shall submit to the appropriate congressional committees a report on the steps 

taken by the United States pursuant to subsection (a) and progress in achieving the 

objectives of subsection (a). 

Subtitle B—United States International 

Leadership

SEC. 431. SHORT TITLE. 

This subtitle may be cited as the ‘‘United States International Leadership Act of 

2003’’. 

SEC. 432. FINDINGS. 

The Congress makes the following findings: 

(1) International organizations and other multilateral institutions play a key 

role in United States foreign policy and serve key United States foreign policy 

objectives, such as obligating all countries to freeze assets of terrorist groups, 

preventing the proliferation of chemical, biological, and nuclear weapons, and 

spearheading the fight to combat the ravages of HIV/AIDS and other infectious 

diseases. 

(2) Decisions at many international organizations, including membership and 

key positions, remain subject to determinations made by regional groups where 

democratic states are often in the minority and where there is intensive cooperation among repressive regimes. As a result, the United States has often 

been blocked in its attempts to take action in these institutions to advance its 

goals and objectives, including at the United Nations Human Rights Commission (where a representative of Libya was elected as chairman and the United 

States temporarily lost a seat). 

(3) In order to address these shortcomings, the United States must actively 

work to improve the workings of international organizations and multilateral 

institutions, particularly by creating a caucus of democratic countries that will 

advance United States interests. In the Second Ministerial Conference of the 

Community of Democracies in Seoul, Korea, on November 10–20, 2002, numerous countries recommended working together as a democracy caucus in international organizations such as the United Nations and ensuring that international and regional institutions develop and apply democratic standards for 

member states. 

(4) In addition, the United States has shortchanged its ability to influence 

these organizations by failing to obtain enough support for positions that are 

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congruent to or consistent with United States objectives and has not done 

enough to build expertise in the United States Government in the area of multilateral diplomacy. 

SEC. 433. ESTABLISHMENT OF A DEMOCRACY CAUCUS. 

(a) IN GENERAL.—The President of the United States, acting through the Secretary of State and the relevant United States chiefs of mission, shall seek to establish a democracy caucus at the United Nations, the United Nations Human Rights 

Commission, the United Nations Conference on Disarmament, and at other broadbased international organizations. 

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

(1) forge common positions, including, as appropriate, at the ministerial level, 

on matters of concern before the organization and work within and across regional lines to promote agreed positions; 

(2) work to revise an increasingly outmoded system of regional voting and decision making; and 

(3) set up a rotational leadership scheme to provide member states an opportunity, for a set period of time, to serve as the designated president of the caucus, responsible for serving as its voice in each organization. 

SEC. 434. ANNUAL DIPLOMATIC MISSIONS ON MULTILATERAL ISSUES. 

The Secretary of State, acting through the principal officers responsible for advising the Secretary on international organizations, shall ensure that a high-level delegation from the United States Government, on an annual basis, is sent to consult 

with key foreign governments in every region in order to promote the United States 

agenda at key international fora, such as the United Nations General Assembly, 

United Nations Human Rights Commission, the United Nations Education, Science, 

and Cultural Organization, and the International Whaling Commission. 

SEC. 435. LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL ORGANIZATIONS. 

(a) UNITED STATES POLICY.—The President, acting through the Secretary of State 

and the relevant United States chiefs of mission, shall use the voice, vote, and influence of the United States to—

(1) where appropriate, reform the criteria for leadership and, in appropriate 

cases for membership, at all United Nations bodies and at other international 

organizations and multilateral institutions to which the United States is a 

member so as to exclude nations that violate the principles of the specific organization; 

(2) make it a policy of the United Nations and other international organizations and multilateral institutions, of which the United States is a member, 

that a member state may not stand in nomination or be in rotation for a leadership position in such bodies if the member state is subject to sanctions imposed 

by the United Nations Security Council; and 

(3) work to ensure that no member state stand in nomination or be in rotation 

for a leadership position in such organizations, or for membership of the United 

Nations Security Council, if the member state is subject to a determination 

under section 620A of the Foreign Assistance Act of 1961, section 40 of the 

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

(b) REPORT TO CONGRESS.—Not later than 15 days after a country subject to to 

a determination under section 620A of the Foreign Assistance Act of 1961, section 

40 of the Arms Export Control Act, or section 6(j) of the Export Administration Act 

is selected for a leadership post in an international organization of which the United 

States is a member or a membership of the United Nations Security Council, the 

Secretary of State shall submit a report to the appropriate congressional committees 

on any steps taken pursuant to subsection (a)(3). 

SEC. 436. INCREASED TRAINING IN MULTILATERAL DIPLOMACY. 

(a) TRAINING PROGRAMS.—Section 708 of the Foreign Service Act of 1980 (22 

U.S.C. 4028) is amended by adding after subsection (b) the following new subsection: 

‘‘(c) TRAINING IN MULTILATERAL DIPLOMACY.—

‘‘(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—

27

‘‘(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.’’. (b) TRAINING FOR CIVIL SERVICE EMPLOYEES.—The Secretary shall ensure that 

employees of the Department of State that are members of the civil service and that 

are assigned to positions described in section 708(c) of the Foreign Service Act of 

1980 (as amended by this subtitle) have training described in such section. 

(c) CONFORMING AMENDMENTS.—Section 708 of such Act is further amended— (1) in subsection (a) by striking ‘‘(a) The’’ and inserting ‘‘(a) TRAINING ON

HUMAN RIGHTS.—The’’; and 

(2) in subsection (b) by striking ‘‘(b) The’’ and inserting ‘‘(b) TRAINING ON REF- UGEE LAW AND RELIGIOUS PERSECUTION.—The’’. 

SEC. 437. PROMOTING ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS. 

(a) PROMOTIONS.— (1) IN GENERAL.—Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 

4003) is amended by striking the period at the end and inserting: ‘‘, 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.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect January 1, 2010. 

(b) ESTABLISHMENT OF A MULTILATERAL DIPLOMACY CONE IN THE FOREIGN SERVICE.—

(1) FINDINGS.—

(A) The Department of State maintains a number of United States missions both within the United States and abroad that are dedicated to representing the United States to international organizations and multilateral 

institutions, including missions in New York, Brussels, Geneva, Rome, 

Montreal, Nairobi, Vienna, and Paris, which will soon be responsible for 

United States representation to UNESCO and OECD. 

(B) In offices at the Harry S. Truman Building, the Department maintains a significant number of positions in bureaus that are either dedicated, 

or whose primary responsibility is, to represent the United States to such 

organizations and institutions or at multilateral negotiations. 

(C) Given the large number of positions in the United States and abroad 

that are dedicated to multilateral diplomacy, the Department of State may 

be well served in developing persons with specialized skills necessary to become experts in this unique form of diplomacy. 

(2) REPORT.—Not later than 180 days after the date of the enactment of this 

Act, the Secretary shall submit to the appropriate congressional committees a 

report—

(A) evaluating whether a new cone should be established for the Foreign 

Service that concentrates on members of the Service that serve at international organizations and multilateral institutions or are primarily responsible for participation in broad-based multilateral negotiations of international instruments; and 

(B) provides alternative mechanisms for achieving the objective of developing a core group of United States diplomats and other government employees who have expertise and broad experience in conducting multilateral 

diplomacy. 

SEC. 438. IMPLEMENTATION AND ESTABLISHMENT OF OFFICE ON MULTILATERAL NEGOTIATIONS. 

(a) ESTABLISHMENT OF OFFICE.—The Secretary of State is authorized to establish, 

within the Bureau of International Organizational Affairs, an Office on Multilateral 

Negotiations to be headed by a Special Representative for Multilateral Negotiations 

(in this section referred to as the ‘‘special representative’’). 

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(b) APPOINTMENT.—The special representative shall be appointed by the President 

with the advice and consent of the Senate and shall have the rank of Ambassadorat-Large. At the discretion of the President another official at the Department may 

serve as the special representative. The President may direct that the special representative report to the Assistant Secretary for International Organizations. 

(c) STAFFING.—The special representative shall have a staff of foreign service and 

civil service officers skilled in multilateral diplomacy. 

(d) DUTIES.—The special representative shall have the following responsibilities: 

(1) IN GENERAL.—The primary responsibility of the special representative 

shall be to assist in the organization of, and preparation for, United States participation in multilateral negotiations, including the advocacy efforts undertaken by the Department of State and other United States agencies. 

(2) ADVISORY ROLE.—The special representative shall advise the President 

and the Secretary of State, as appropriate, regarding advocacy at international 

organizations and multilateral institutions and negotiations and, in coordination 

with the Assistant Secretary of State for International Organizational Affairs, 

shall make recommendations regarding—

(A) effective strategies (and tactics) to achieve United States policy objectives at multilateral negotiations; 

(B) the need for and timing of high level intervention by the President, 

the Secretary of State, the Deputy Secretary of State, and other United 

States officials to secure support from key foreign government officials for 

the United States position at such organizations, institutions, and negotiations; 

(C) the composition of United States delegations to multilateral negotiations; and 

(D) liaison with Congress, international organizations, nongovernmental 

organizations, and the private sector on matters affecting multilateral negotiations. 

(3) DEMOCRACY CAUCUS.—The special representative, in coordination with the 

Assistant Secretary for International Organizational Affairs, shall ensure the 

establishment of a democracy caucus. 

(4) ANNUAL DIPLOMATIC MISSIONS OF MULTILATERAL ISSUES.—The special representative, in coordination with the Assistant Secretary for International Organizational Affairs, shall organize annual consultations between the principal officers responsible for advising the Secretary of State on international organizations and foreign governments to promote the United States agenda at the 

United Nations General Assembly and other key international fora (such as the 

United Nations Human Rights Commission). 

(5) LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL ORGANIZATIONS.—The 

special representative, in coordination with the Assistant Secretary of International Organizational Affairs, shall direct the efforts of the United States 

Government to reform the criteria for leadership and membership of international organizations as described in section 435. 

(6) PARTICIPATION IN MULTILATERAL NEGOTIATIONS.—The special representative, or members of the special representative’s staff, may, as required by the 

President or the Secretary of State, serve on a United States delegation to any 

multilateral negotiation. 

(e) REPORT.—Not later than 180 days after the date of the enactment of this Act, 

the Secretary of State shall submit a plan to establish a democracy caucus to the 

appropriate congressional committees. The report required by section 437(c) may be 

submitted together with the report under this subsection. 

SEC. 439. SYNCHRONIZATION OF UNITED STATES CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS. 

Not later than 180 days after the date of the enactment of this Act, the President 

shall submit a plan to the appropriate congressional committees on the implementation of section 404 of the Foreign Relations Authorization Act of 2003 (Public Law 

107–228), (relating to a resumption by the United State of the payment of its full 

contribution to certain international organizations at the beginning of each calendar 

year). 

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TITLE V—UNITED STATES INTERNATIONAL 

BROADCASTING ACTIVITIES 

Subtitle A—Basic Authorities and Activities

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

(a) The United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et 

seq.) is amended by adding after section 309 the following new section: 

‘‘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 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 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.’’. 

30

(b) CONFORMING AMENDMENTS.— (1) Section 305 of the United States International Broadcasting Act of 1994 

(22 U.S.C. 6204) is amended— (A) in subsection (a)(5) by striking ‘‘308 and 309’’ and inserting ‘‘308, 309, 

and 310’’; 

(B) in subsection (a)(6) by striking ‘‘308 and 309’’ and inserting ‘‘308, 309, 

and 310’’; and 

(C) in subsection (c) by striking ‘‘308 and 309’’ and inserting ‘‘308, 309, 

and 310’’. (2) Section 307 of the United States International Broadcasting Act of 1994 

(22 U.S.C. 6206) is amended— (A) in subsection (a) by striking ‘‘308 and 309’’ and inserting ‘‘308, 309, 

and 310’’; and 

(B) in subsection (c) by adding ‘‘Mideast Radio and Television Network, 

Inc.,’’ after ‘‘Asia’’. (3) Section 304(g) of the United States International Broadcasting Act of 1994 

(22 U.S.C. 6203(g)) is amended by striking ‘‘and Radio Free Asia’’ and inserting ‘‘, Radio Free Asia, and Mideast Radio and Television Network, Inc.’’. (4) Section 8332(b)(11) of title 5, United States Code, is amended by adding ‘‘Mideast Radio and Television Network, Inc.;’’ after ‘‘the Asia Foundation;’’. 

SEC. 502. IMPROVING SIGNAL DELIVERY TO CUBA. 

Section 3 of the Radio Broadcasting to Cuba Act (22 U.S.C. 1465a) is amended— (1) in subsection (c) by striking the second sentence and inserting ‘‘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.’’; 

(2) in subsection (c) in the third sentence by striking ‘‘Provided, That’’ and 

all that follows before the period at the end; 

(3) in subsection (d) by striking the last sentence; 

(4) by amending subsection (e) to read as follows: ‘‘(e) Any program of United States Government radio broadcasts to Cuba authorized by this section shall be designated ‘Radio Marti program’.’’; and 

(5) in subsection (f) by striking ‘‘Voice of America’’.

SEC. 503. REPORT CONCERNING EFFORTS TO COUNTER JAMMING OF BROADCASTS OF RADIO 

MARTI AND TV MARTI. 

Not later than 30 days after the date of the enactment of this Act, the Secretary 

of State shall submit to the appropriate congressional committees a report providing 

the following information: 

(1) Specific steps taken to increase the capabilities of Radio Marti and TV 

Marti to ensure that broadcasts overcome jamming by the Government of Cuba. 

(2) An evaluation and analysis of not less than 10 alternate methods to 

counter jamming of radio and television broadcasts including the following: 

(A) Methods used to broadcast into Iraq involving a C-130. 

(B) Methods previously used to transmit into the former Soviet Union 

and other Soviet bloc countries. 

(C) Successful methods employed by non-United States Government entities, such as those used by the Falun Gong to overcome Chinese Government jamming and those recently used by a Cuban exile group to transmit 

television broadcasts into Cuba.

SEC. 504. PILOT PROGRAM FOR THE PROMOTION OF TRAVEL AND TOURISM IN THE UNITED 

STATES THROUGH UNITED STATES INTERNATIONAL BROADCASTING. 

(a) PILOT PROGRAM.—The Broadcasting Board of Governors, in consultation with 

the Department of Commerce and other appropriate Federal, State, and local agencies, shall conduct a pilot program for the promotion of travel and tourism in the 

United States through United States international broadcasting, particularly to regional economies that have been affected by the decrease in tourism following the 

events of September 11, 2001. 

(b) PROGRAMMING.—The pilot program shall devote regular programming to 

broadcasting information on localities of the United States with the purpose of promoting travel and tourism to regional economies heavily reliant on such tourism. 

(c) REPORT TO CONGRESS.—Not later than 180 days after the date of the enactment of this Act, the Broadcasting Board of Governors shall submit to the appropriate congressional committees a report detailing the actions taken by the Board 

in carrying out this section. 

SEC. 505. RADIO FREE ASIA BROADCASTS INTO NORTH KOREA. 

(a) FINDINGS.—The Congress makes the following findings: 

31

(1) North Korea’s development of nuclear weapons and missile delivery systems poses one of the gravest security threats to the United States in the world. 

(2) The Kim Jong Il regime in North Korea has one of the worst human rights 

records in the world. On April 16, 2003, the United Nations Commission on 

Human Rights passed a resolution, ‘‘expressing its deep concern about reports 

of systemic, widespread and grave violations of human rights’’ in North Korea. 

(3) In order to ensure its survival, the Kim Jong Il regime makes extensive 

efforts to control the flow of information in North Korea. 

(4) In 2002, a survey found that five of twelve ‘‘elite’’ defectors from North 

Korea had listened to Radio Free Asia. 

(5) Radio Free Asia broadcasts only 4 hours each day into North Korea. 

(6) Many North Korean citizens lack radios capable of receiving Radio Free 

Asia broadcasts. 

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

Board of Governors should ensure that Radio Free Asia increases its broadcasting 

with respect to North Korea to 24 hours each day. 

(c) REPORT TO CONGRESS.—Not later than 90 days after the date of the enactment 

of this Act, the Secretary of State, after consulting with other agencies of the United 

States Government, shall submit a report, in classified form, on specific measures 

currently being undertaken and measures necessary, including the provision of adequate radios, to maximize North Korean citizen access to Radio Free Asia and other 

foreign broadcasts to the Committee on International Relations and the Permanent 

Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

SEC. 506. PROHIBITION ON ELIMINATION OF INTERNATIONAL BROADCASTING IN EASTERN 

EUROPE. 

During the 2 year period beginning on the date of the enactment of this Act, the 

Broadcasting Board of Governors may not eliminate foreign language broadcasting 

in any of the following languages: Bulgarian, Czech, Estonian, Hungarian, Latvian, 

Lithuanian, Georgian, Polish, Slovene, Slovak, Romanian, Croatian, Armenian, and 

Ukrainian. 

Subtitle B—Global Internet Freedom 

SEC. 521. SHORT TITLE. 

This subtitle may be cited as the ‘‘Global Internet Freedom Act of 2003’’. 

SEC. 522. FINDINGS. 

The Congress makes the following findings: 

(1) Freedom of speech, freedom of the press, and freedom of association are 

fundamental characteristics of a free society. The first amendment to the Constitution of the United States guarantees that ‘‘Congress shall make no law . . . 

abridging the freedom of speech, or of the press; or the right of the people 

peaceably to assemble.’’ These constitutional provisions guarantee the rights of 

Americans to communicate and associate with one another without restriction, 

including unfettered communication and association via the Internet. Article 19 

of the United Nation’s Universal Declaration of Human Rights explicitly guarantees the freedom to ‘‘receive and impart information and ideas through any 

media and regardless of frontiers’’. 

(2) All people have the right to communicate freely with others, and to have 

unrestricted access to news and information, on the Internet. 

(3) With nearly 10 percent of the world’s population now online, and more 

gaining access each day, the Internet stands to become the most powerful engine for democratization and the free exchange of ideas ever invented. 

(4) The governments of Burma, Cuba, Laos, North Korea, the People’s Republic of China, Saudi Arabia, Syria, and Vietnam, among others, are taking active 

measures to keep their citizens from freely accessing the Internet and obtaining 

international political, religious, and economic news and information. 

(5) The Voice of America and Radio Free Asia, as well as hundreds of news 

sources with an Internet presence, are routinely being jammed by repressive 

governments. 

(6) Since the 1940s, the United States has deployed anti-jamming technologies to make Voice of America and other United States Government sponsored broadcasting available to people in nations with governments that seek 

to block news and information. 

(7) The United States Government has thus far commenced only modest steps 

to fund and deploy technologies to defeat Internet censorship. 

32

(8) The success of United States policy in support of freedom of speech, press, 

and association requires continued efforts to defeat totalitarian and authoritarian controls on news and information over the Internet. 

SEC. 523. PURPOSES. 

The purposes of this subtitle are—

(1) to adopt an effective and robust global Internet freedom policy; 

(2) to establish an office within the Broadcasting Board of Governors with the 

sole mission of countering Internet jamming and blocking by utilizing available 

anti-jamming technology; 

(3) to expedite the development and deployment of technology to protect Internet freedom around the world; and 

(4) to bring to bear the pressure of the free world on repressive governments 

guilty of Internet censorship and the intimidation and persecution of their citizens who use the Internet. 

SEC. 524. DEVELOPMENT AND DEPLOYMENT OF TECHNOLOGIES TO DEFEAT INTERNET JAMMING AND CENSORSHIP. 

(a) ESTABLISHMENT OF OFFICE OF GLOBAL INTERNET FREEDOM.—The Broadcasting 

Board of Governors shall establish an Office of Global Internet Freedom (hereinafter 

in this subtitle referred to as the ‘‘Office’’). The Office shall develop and implement 

a comprehensive global strategy to combat state-sponsored and state-directed Internet jamming and persecution of those who use the Internet. 

(b) COOPERATION OF OTHER FEDERAL DEPARTMENTS AND AGENCIES.—Each department and agency of the United States Government shall cooperate fully with, and 

assist in the implementation of, the strategy developed by the Office and shall make 

such resources and information available to the Office as is necessary to the 

achievement of the purposes of this subtitle. 

(c) COOPERATION WITH DEPARTMENT OF STATE.—The Office shall assist the Secretary of State in preparing portions of the country reports on human rights practices that address Internet accessibility. 

(d) REPORT TO CONGRESS.—Nine months after the date of the enactment of this 

Act, the Broadcasting Board of Governors shall submit to the Congress a report on 

the status of foreign government interference with Internet use and of efforts by the 

United States to counter such interference. The report shall list the countries that 

pursue policies of Internet censorship, blocking, and other abuses; provide information concerning the government agencies or quasi-governmental organizations that 

implement Internet censorship; and describe with the greatest particularity practicable the technological means by which such blocking and other abuses are accomplished. In the discretion of the Broadcasting Board of Governors, such report may 

be submitted in both a classified and nonclassified version. One year after the date 

of submission of such report, the Office shall submit a second report. 

(e) LIMITATION ON AUTHORITY.—Nothing in this subtitle shall be interpreted to 

authorize any action by the United States to interfere with foreign national censorship in furtherance of legitimate law enforcement aims consistent with the Universal Declaration of Human Rights. 

Subtitle C—Reorganization of United States 

International Broadcasting 

SEC. 531. ESTABLISHMENT OF UNITED STATES INTERNATIONAL BROADCASTING AGENCY. 

(a) IN GENERAL.—Section 304 of the United States International Broadcasting Act 

of 1994 (22 U.S.C. 6203) is amended to read as follows: 

‘‘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.—

33

‘‘(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 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 cost-effective delivery services. 

‘‘(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 

34

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 BROADCASTERS.—The Inspector 

General of the Department of State and the Foreign Service shall respect the 

journalistic integrity of all the broadcasters covered by this title and may not 

evaluate the philosophical or political perspectives reflected in the content of 

broadcasts.’’. 

(b) RETENTION OF EXISTING BOARD MEMBERS.—The members of the Broadcasting 

Board of Governors appointed by the President pursuant to section 304 of the 

United States International Broadcasting Act of 1994 on the day before the effective 

date of this title and holding office as of that date may serve the remainder of their 

terms of office as members of the Board of Governors established under section 

304(b) of the United States International Broadcasting Act of 1994, as amended by 

subsection (a) of this section, without reappointment, or if their term has expired 

may serve until a successor is appointed and qualified. 

SEC. 532. AUTHORITIES AND FUNCTIONS OF THE AGENCY. 

Section 305 of the United States International Broadcasting Act of 1994 (22 

U.S.C. 6204) is amended to read as follows:

‘‘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 of 

1998, to the extent the Director considers necessary in carrying out the provisions and purposes of this title. 

35

‘‘(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.’’. 

SEC. 533. ROLE OF THE SECRETARY OF STATE. 

Section 306 of the United States International Broadcasting Act of 1994 (22 

U.S.C. 6205) is amended to read as follows: 

‘‘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. 534. ADMINISTRATIVE PROVISIONS. 

The United States International Broadcasting Act of 1994 is amended by striking 

section 307 and inserting the following new section: 

‘‘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). 

‘‘(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 

36

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. 535. BROADCASTING BOARD OF GOVERNORS AND INTERNATIONAL BROADCASTING BUREAU. 

The Broadcasting Board of Governors and the International Broadcasting Bureau 

are abolished. 

SEC. 536. TRANSITION. 

(a) TRANSFER OF FUNCTIONS.—Except as otherwise provided in this subtitle or an 

amendment made by this subtitle, all functions that on the day before the effective 

date specified in section 540 are authorized to be performed by the Broadcasting 

Board of Governors and the International Broadcasting Bureau and any officer, employee, or component of such entities, under any statute, reorganization plan, Executive order, or other provision of law, are transferred to the Agency established 

under this title effective on that date. 

(b) DETERMINATION OF CERTAIN FUNCTIONS.—If necessary, the Office of Management and Budget shall make any determination of the functions that are transferred under this title. 

(c) TRANSITION PROVISIONS.—

(1) EXERCISE OF AUTHORITIES.—Except as otherwise provided by law, the 

Board of Governors may, for purposes of performing a function that is transferred to the Agency by this title, exercise all authorities under any other provision of law that were available with respect to the performance of that function 

to the official responsible for the performance of that function on the day before 

the effective date specified in section 540. 

(2) AUTHORITIES TO WIND UP AFFAIRS.—

(A) The Director of the Office of Management and Budget may take such 

actions as the Director of the Office of Management and Budget considers 

necessary to wind up any outstanding affairs of the Broadcasting Board of 

Governors and the International Broadcasting Bureau associated with the 

functions that are transferred pursuant to subsection (a). 

(B) The Director of the Office of Management and Budget may take such 

actions as the Director of the Office of Management and Budget considers 

necessary to wind up any outstanding affairs of the Broadcasting Board of 

Governors and the International Broadcasting Bureau associated with the 

functions that are transferred pursuant to subsection (a). 

(3) TRANSFER OF ASSETS.—Any property, records, unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to 

be made available in connection with a function transferred to the Agency by 

this Act are transferred on the effective date specified in section 540. 

SEC. 537. CONFORMING AMENDMENTS. 

(a) UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994.—The United 

States International Broadcasting Act of 1994 is amended as follows: 

(1) Section 308 (22 U.S.C. 6207) is amended—

(A) in subsection (a)—

(i) by striking ‘‘The Board’’ and inserting ‘‘The Agency’’; and 

(ii) in paragraph (1) by striking ‘‘Broadcasting Board of Governors’’

and inserting ‘‘Board Governors of the International Broadcasting 

Agency’’; 

(B) in subsection (b)—

(i) by striking paragraph (2); 

(ii) by striking ‘‘(1)’’; and 

(iii) by striking ‘‘Board’’ both places it appears and inserting ‘‘Agency’’; 

(C) in subsections (c), (d), (g), (h), and (i) by striking ‘‘Board’’ each place 

it appears and inserting ‘‘Agency’’; 

(D) in subsection (g)(4) by striking ‘‘International Broadcasting Bureau’’

and inserting ‘‘Agency’’; and 

(E) in subsections (i) and (j) by striking ‘‘and the Foreign Service’’ each 

place it appears. 

(2) Section 309 (22 U.S.C. 6208) is amended—

(A) in subsection (c)(1) by striking ‘‘Board’’ both places it appears and inserting ‘‘Agency’’; 

(B) by striking subsection (e); 

37

(C) in subsections (f) and (g) by striking ‘‘Board’’ each place it appears 

and inserting ‘‘Agency’’; and 

(D) in subsection (g) by striking ‘‘Chairman of the Board’’ and inserting 

‘‘Agency’’. 

(3) By striking section 311 (22 U.S.C. 6210). 

(4) In section 313 (22 U.S.C. 6212) by striking ‘‘Board’’ and inserting ‘‘Agency’’. 

(5) In section 314 (22 U.S.C. 6213) by striking paragraph (2). 

(6) By striking section 315. 

(b) CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) ACT OF 1996.—Section 107 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 

(22 U.S.C. 6037) is amended in subsections (a) and (b) by striking ‘‘International 

Broadcasting Bureau’’ each place it appears and inserting ‘‘United States International Broadcasting Agency’’. 

(c) RADIO BROADCASTING TO CUBA ACT.—The Radio Broadcasting to Cuba Act (22 

U.S.C. 1465 et seq.) is amended as follows: 

(1) In section 3 (22 U.S.C. 1465a) as follows: 

(A) In the section heading by striking ‘‘BROADCASTING BOARD OF 

GOVERNORS’’ and inserting ‘‘UNITED STATES INTERNATIONAL 

BROADCASTING AGENCY’’. 

(B) In subsection (a) by striking ‘‘the ‘Board’)’’ and inserting ‘‘the ‘Agency’)’’. 

(C) In subsections (a), (d), and (f) by striking ‘‘Broadcasting Board of Governors’’ and inserting ‘‘United States International Broadcasting Agency’’. 

(2) In section 4 (22 U.S.C. 1465b) as follows: 

(A) In the first sentence by striking ‘‘The’’ and all that follows through 

‘‘Bureau’’ and inserting: ‘‘The Board of Governors of the United States 

International Broadcasting Agency shall establish within the Agency’’. 

(B) In the third sentence by striking ‘‘Broadcasting Board of Governors’’

and inserting ‘‘Board of Governors of the United States International 

Broadcasting Agency’’. 

(C) In the fourth sentence by striking ‘‘Board of the International Broadcasting Bureau’’ and inserting ‘‘Board of Governors of the United States 

International Broadcasting Agency’’. 

(3) In section 5 (22 U.S.C. 1465c) as follows: 

(A) In subsection (b) by striking ‘‘Broadcasting Board of Governors’’ and 

inserting ‘‘Board of Governors of the United States International Broadcasting Agency’’. 

(B) By striking ‘‘Board’’ each place it appears and inserting ‘‘Advisory 

Board’’. 

(4) In section 6 (22 U.S.C. 1465d) as follows: 

(A) In subsection (a) by striking ‘‘Broadcasting Board of Governors’’ and 

inserting ‘‘United States International Broadcasting Agency’’ and by striking ‘‘Board’’ and inserting ‘‘Board of Directors of the United States International Broadcasting Agency’’. 

(B) In subsection (b) by striking ‘‘Board’’ and inserting ‘‘United States 

International Broadcasting Agency’’. 

(5) In section 7 (22 U.S.C. 1465e) by striking ‘‘Board’’ in subsections (b) and 

(d) and inserting ‘‘United States International Broadcasting Agency’’. 

(6) In section 8(a) (22 U.S.C. 1465f(a)), by striking ‘‘Broadcasting Board of 

Governors’’ and inserting ‘‘United States International Broadcasting Agency’’. 

(d) TELEVISION BROADCASTING TO CUBA ACT.—The Television Broadcasting to 

Cuba Act (22 U.S.C. 1465aa note) is amended as follows: 

(1) Section 243(a) (22 U.S.C. 1465bb) is amended by striking ‘‘Broadcasting 

Board of Governors’’ and inserting ‘‘United States International Broadcasting 

Agency’’. 

(2) Section 244 (22 U.S.C. 1465cc) is amended as follows: 

(A) In subsection (a) by amending the third sentence to read as follows: 

‘‘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.’’. 

(B) In subsection (b) by striking ‘‘Board’’ and inserting ‘‘United States 

International Broadcasting Agency’’. 

(C) In subsection (c) by striking ‘‘The Board’’ and inserting ‘‘The Agency’’

and by striking ‘‘Board determines’’ and inserting ‘‘Board of Governors of 

the United States International Broadcasting Agency determines’’. 

(3) In section 246 (22 U.S.C. 1465dd) by striking ‘‘United States Information 

Agency’’ and inserting ‘‘United States International Broadcasting Agency’’ and 

38

by striking ‘‘Board’’ and inserting ‘‘Board of Governors of the United States 

International Broadcasting Agency’’. 

(e) UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948.—The 

United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 

et seq.) is amended—

(1) in section 505 (22 U.S.C. 1464a), by striking ‘‘Broadcasting Board of Governors’’ each place it appears and inserting ‘‘United States International Broadcasting Agency’’; and 

(2) in section 506(c) (22 U.S.C. 1464b(c))—

(A) by striking ‘‘Broadcasting Board of Governors’’ and inserting ‘‘United 

States International Broadcasting Agency’’; and 

(B) by striking ‘‘Board’’ and inserting ‘‘Agency’’. 

(f) FOREIGN SERVICE ACT OF 1980.—The Foreign Service Act of 1980 (22 U.S.C. 

3901 et seq.) is amended—

(1) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by striking ‘‘Broadcasting Board 

of Governors’’ and inserting ‘‘United States International Broadcasting Agency’’; 

(2) in section 210 (22 U.S.C. 3930), by striking ‘‘Broadcasting Board of Governors’’ and inserting ‘‘United States International Broadcasting Agency’’; 

(3) in section 1003(a) (22 U.S.C. 4103(a)), by striking ‘‘Broadcasting Board of 

Governors’’ and inserting ‘‘United States International Broadcasting Agency’’; 

and 

(4) in section 1101(c) (22 U.S.C. 4131(c)), by striking ‘‘Broadcasting Board of 

Governors,’’ and inserting ‘‘the United States International Broadcasting Agency,’’. 

(g) STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956.—The State Department 

Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended—

(1) in section 23(a) (22 U.S.C. 2695(a)), by striking ‘‘Broadcasting Board of 

Governors,’’ and inserting ‘‘United States International Broadcasting Agency,’’; 

(2) in section 25(f) (22 U.S.C. 2697(f))—

(A) by striking ‘‘Broadcasting Board of Governors’’ and inserting ‘‘United 

States International Broadcasting Agency’’; and 

(B) by striking ‘‘the Board and the Agency’’ and inserting ‘‘their respective 

agencies’’; 

(3) in section 26(b) (22 U.S.C. 2698(b))—

(A) by striking ‘Broadcasting Board of Governors,’’ and inserting ‘‘United 

States International Broadcasting Agency’’; and 

(B) by striking ‘‘the Board and the Agency’’ and inserting ‘‘their respective 

agencies’’; and 

(4) in section 32 (22 U.S.C. 2704), by striking ‘‘Broadcasting Board of Governors’’ and inserting ‘‘United States International Broadcasting Agency’’. 

(h) TITLE 5, UNITED STATES CODE.—

(1) Section 5314 of title 5, United States Code, is amended by adding at the 

end the following: ‘‘Director, United States International Broadcasting Agency.’’. 

(2) Section 5315 of title 5, United States Code, is amended by striking ‘‘Director of the International Broadcasting Bureau.’’. 

SEC. 538. REFERENCES. 

Except as otherwise provided in this subtitle or an amendment made by this subtitle, any reference in any statute, reorganization plan, Executive order, regulation, 

agreement, determination, or other official document or proceeding to the Broadcasting Board of Governors and the International Broadcasting Bureau or any other 

officer or employee of the Broadcasting Board of Governors or the International 

Broadcasting Bureau shall be deemed to refer to the United States International 

Broadcasting Agency or the Board of Governors of the United States International 

Broadcasting Agency established under this subtitle. 

SEC. 539. BROADCASTING STANDARDS. 

Section 303(a) of the United States International Broadcasting Act of 1994 (22 

U.S.C. 6202(a)) is amended—

(1) in paragraph (6) by striking ‘‘and’’; 

(2) in paragraph (8) by striking the period and inserting ‘‘; and’’; and 

(3) by adding after paragraph (8) the following new paragraph: 

‘‘(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.’’. 

39

SEC. 540. EFFECTIVE DATE. 

Except as otherwise provided, this subtitle and the amendments made by this 

subtitle shall take effect on the last day of the 6-month period beginning on the date 

of the enactment of this Act.

TITLE VI—INTERNATIONAL FREE MEDIA ACT 

OF 2003

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘International Free Media Act of 2003’’. 

SEC. 602. DEFINITIONS. 

In this title, the term ‘‘free media’’ means individuals or organizations engaged 

in the gathering and distribution of news and information free of direct or indirect 

governmental control. 

SEC. 603. FINDINGS. 

The Congress makes the following findings: 

(1) Freedom of speech and freedom of the press are fundamental human 

rights enshrined in international law. 

(2) The United States has a national interest in promoting these freedoms by 

supporting free media abroad, which is essential to the development of free and 

democratic societies consistent with our own. 

(3) Free media is undermined, endangered, or nonexistent in many repressive 

and transitional societies around the world, including in Eurasia, Africa, and 

the Middle East. 

(4) Free media is suppressed by foreign governments by a variety of means, 

including state censorship, legal restriction, financial pressure, and physical intimidation. 

(5) Unprofessional and unethical media that violate widely accepted standards of professional journalism and editorial practice compromises the ability of 

a free media to contribute to open, fair, and constructive democratic debate. 

(6) Unprofessional and unethical media includes media that violate the standards set in the International Covenant on Civil and Political Rights, which includes article 20, section 2 of the Covenant which states that ‘‘Any advocacy of 

national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence shall be prohibited by law.’’. 

(7) Individuals lacking access to a plurality of free media are vulnerable to 

misinformation and propaganda and are potentially more likely to adopt antiAmerican views. 

(8) Foreign governments have a responsibility to actively and publicly discourage and rebut unprofessional and unethical media while respecting journalistic 

integrity and editorial independence. 

(9) Past and continuing United States Government efforts to promote free 

media through training and technical support have advanced United States national interests by contributing to the promotion of human rights and democracy worldwide. 

(10) Support for free media must be an integral part of United States foreign 

policy, including public diplomacy and United States international broadcasting, 

and should be coordinated across government agencies and with international, 

bilateral, and private donor organizations toward achieving the shared goal of 

developing professional, ethical, diversified, sustainable, independent, indigenous media worldwide. 

SEC. 604. STATEMENTS OF POLICY. 

It shall be the policy of the United States, acting through the Secretary of State, 

to—

(1) make the promotion of press freedoms and free media worldwide a priority 

of United States foreign policy and an integral component of United States public diplomacy; 

(2) respect the journalistic integrity and editorial independence of free media 

worldwide; 

(3) use widely accepted standards for professional and ethical journalistic and 

editorial practices in assessing international media; and 

(4) discourage incitement to discrimination, hostility, or violence, based on nationality, race, or religion, as described in article 20, section 2, of the International Covenant on Civil and Political Rights, and develop a strategy to respond to it. 

40

SEC. 605. COORDINATOR FOR INTERNATIONAL FREE MEDIA. 

(a) ESTABLISHMENT.—There is established within the Department of State a Coordinator for International Free Media (in this section referred to as the ‘‘Coordinator’’). At the discretion of the President another official at the Department of 

State may serve as the Coordinator. 

(b) APPOINTMENT OF COORDINATOR.—The Coordinator shall be appointed by the 

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

(c) DUTIES.—The principal duties of the Coordinator shall be the promotion of 

international press freedoms and free media by— (1) coordinating United States government policies, programs, and projects 

concerning international press freedoms and free media; 

(2) in consultation with appropriate agencies of the United States Government and national and international organizations, monitoring and assessing 

the status of free media and government controlled sources of information, including for incitement of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence, as described in article 20 of the 

International Covenant on Civil and Political Rights; 

(3) promoting widely accepted standards of professional and ethical journalism and editorial practices; 

(4) discouraging media and government controlled sources of information from 

advocating national, racial, or religious hatred that constitutes incitement to 

discrimination, hostility, or violence consistent with article 20, section 2 of the 

International Covenant on Civil and Political Rights; 

(5) reporting foreign media that advocates national, racial, or religious hatred 

that constitutes incitement to discrimination, hostility, or violence consistent 

with article 20, section 2, of the International Covenant on Civil and Political 

Rights and making available to the public and to the United States Agency for 

International Broadcasting translations of such media to the extent practicable; 

(6) promoting the journalistic integrity and editorial independence of free 

media worldwide; 

(7) advising the President and the Secretary of State regarding matters of 

international press freedoms and free media; 

(8) representing the United States in matters and cases relevant to international press freedoms and free media; 

(9) assisting the Secretary of State in preparing the portions of the Department of State country reports on human rights that relate to international press 

freedoms and free media and incitement to acts of discrimination; 

(10) consulting with the Broadcasting Board of Governors and the United 

States Agency for International Development for the purpose of promoting free 

media through training of international journalists, producers, editors, and 

media managers; and 

(11) administering the International Free Media Fund (established in section 

607) in consultation with the United States Advisory Commission on Public Diplomacy and International Media. 

(d) ASSESSMENT FACTORS.—In making an assessment of media within individual 

countries pursuant to subsection (c)(2), the Coordinator shall take into account—

(1) the number and diversity of media; 

(2) access to and consumption of media by populations; 

(3) the extent of direct or indirect government ownership, control, or censorship of media outlets; 

(4) the financial viability and profitability of free media; 

(5) the extent to which journalists, editors, and media managers adhere to 

widely accepted standards for professional and ethical journalism; 

(6) domestic laws addressing press freedoms; 

(7) instances in which the media and government-controlled sources of information have incited discrimination, hostility, or violence consistent with article 

20, section 2 of the International Covenant on Civil and Political Rights; 

(8) physical threats, intimidation or inappropriate pressure by government on 

free media; 

(9) the number of journalists, editors, producers, and media managers receiving training from programs of the Department of State, the Broadcasting Board 

of Governors, grantees of the United States Agency for International Development, or other organizations qualified to provide such training; and 

(10) the activity of local and international nongovernmental organizations 

promoting press freedoms and free media and obstacles to their activity. 

(e) CONSULTATION REQUIREMENT.—The Coordinator shall consult with United 

States public affairs officers and other United States foreign mission personnel directly engaged in interacting with indigenous media in carrying out the duties specified in subsection (c). 

41

(f) DETERMINATION.—The Coordinator shall determine, and annually report to the 

appropriate congressional committees, whether there is a pattern of governmentcontrolled information that constitutes incitement (as described in article 20 of the 

International Covenant on Civil and Political Rights) and that endangers United 

States citizens or nationals, impairs relations between the United States and the 

foreign government, or constitutes incitement to national, racial, or religious discrimination, hostility, or violence. The Coordinator shall specify the governments engaged in such practices and examples of such incitement and propaganda. 

(g) FUNDING.—The Secretary of State shall ensure that the Coordinator has adequate staff and funding for the conduct of investigations, the administration of the 

International Free Media Fund, necessary travel, and others activities necessary to 

carry out the provisions of this section. 

SEC. 606. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY AND INTERNATIONAL MEDIA. 

(a) ESTABLISHMENT.—Section 604(a)(1) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1469) is amended to read as follows: 

‘‘(1) There is established an advisory commission to be known as the United 

States Advisory Commission on Public Diplomacy and International Media.’’. 

(b) DUTIES AND RESPONSIBILITIES.—Section 604(c) of the United States Information and Exchange Act of 1948 (22 U.S.C. 1469) is amended by adding at the end 

the following: 

‘‘(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 

‘‘(D) make policy recommendations to the President, the Secretary of 

State, and Congress with respect to matters involving international press 

freedoms and free media.’’. 

(c) REFERENCES.—Except as otherwise provided in this section or an amendment 

made by this section, any reference in any statute, reorganization plan, Executive 

order, regulation, agreement, determination, or other official document or proceeding to the United States Advisory Commission on Public Diplomacy or any other 

officer or employee of the United States Advisory Commission on Public Diplomacy 

shall be deemed to refer to the United States Advisory Commission on Public Diplomacy and International Media established under this section.–––

SEC. 607. INTERNATIONAL FREE MEDIA FUND. 

(a) ESTABLISHMENT.—There is established an International Free Media Fund (in 

this section referred to as the ‘‘Fund’’) at the Department of State. 

(b) PURPOSES.—The purposes of the Fund shall be—

(1) to promote the development of free and independent media worldwide 

which adhere to widely accepted standards of professional and ethical journalism and editorial practice; and 

(2) to complement current efforts by the Department of State, the United 

States Agency for International Development, the Broadcasting Board of Governors, and other agencies of the United States Government to support free and 

independent media worldwide. 

(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts otherwise authorized to be appropriated to carry out the purposes specified in subsection (b), 

there is authorized to be appropriated to the Fund $15,000,000 for fiscal year 2004. 

Such amounts are authorized to remain available until expended. 

(d) NONAPPLICABILITY OF OTHER LAWS.—Notwithstanding any other provision of 

law, funds appropriated pursuant to subsection (c) may be used for the purposes of 

this section. 

(e) ADMINISTRATION.—

(1) The Fund shall be administered by the Coordinator in consultation with 

the Commission. 

(2) Activities and assistance financed through the Fund may be carried out 

through grants, contracts, technical assistance, and material support. 

(f) ELIGIBLE ORGANIZATIONS, PROGRAMS, AND PROJECTS.—Amounts in the Fund 

may be used to carry out activities and provide assistance only for organizations, 

programs, and projects consistent with the purposes set forth in subsection (b). 

(g) PROHIBITIONS.—Amounts in the Fund shall not be used to carry out activities 

or provide assistance to organizations, programs, or projects which advocate national, racial, or religious hatred that incites discrimination, hostility, or violence 

42

consistent with article 20, section 2 of the International Covenant on Civil and Political Rights. 

(h) ASSISTANCE CRITERIA.—In administering the Fund, the Coordinator shall take 

into account— (1) the importance of providing assistance to organizations, programs, and 

projects based on their proven or potential contribution to the development of 

a free media environment worldwide; 

(2) the importance of enabling free media to become commercially viable and 

financially independent in the long term; and 

(3) the importance of providing media personnel whose organizations, programs, or projects receive assistance under this section for training in professional and ethical journalism, editorial practices, and media management by the 

Department of State, the Broadcasting Board of Governors, United States Agency for International Development grantees, or other organizations qualified to 

provide such training. 

(i) ANNUAL REPORTS.—Not later than January 31, of 2005 and in each subsequent 

year, the Coordinator shall publish an annual report on the activities of the Fund, 

which shall include a comprehensive and detailed description of the operations, activities, financial condition, and accomplishments under this section for the preceding fiscal year. The reports shall also include an assessment of whether the Fund 

should also provide loans and guarantees as an additional means to carry out the 

purposes of this title. 

(j) CONSULTATION REQUIREMENTS.— (1) The Coordinator shall consult with the State Department official primarily 

responsible for developing and implementing United States policy with respect 

to a country prior to carrying out activities or providing assistance for such 

country through the Fund. 

(2) Amounts in the Fund shall be used to carry out activities or provide assistance on the basis of consultations among all relevant United States Government agencies operating in the country and with the approval of the chief of 

mission. 

SEC. 608. FREE MEDIA PROMOTION ACTIVITY OF THE BROADCASTING BOARD OF GOVERNORS. 

(a) IN GENERAL.—The Broadcasting Board of Governors shall make support for indigenous free media an integral part of its mission. 

(b) AFFILIATES.—The Broadcasting Board of Governors shall submit a report to 

the appropriate congressional committees on the prospects and strategy for cultivating affiliate relationships with free media in countries targeted for United States 

international broadcasting. 

(c) TRAINING.—The Broadcasting Board of Governors shall enhance foreign journalist training programs in coordination with existing training programs administered by the Department of State and the United States Agency for International 

Development. 

(d) AUTHORIZATION FOR APPROPRIATIONS.—In addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated $2,500,000 for 

the fiscal year 2004 and $2,500,000 for the fiscal year 2005 to support free media 

in countries in which the Broadcasting Board of Governors is decreasing or discontinuing United States international broadcasting activity. 

TITLE VII—MISCELLANEOUS PROVISIONS 

Subtitle A—Reporting Requirements 

SEC. 701. REPORTS ON BENCHMARKS FOR BOSNIA. 

(a) Section 7 of the 1998 Supplemental Appropriations and Rescissions Act (Public 

Law 105–174, 112 Stat. 64) is amended—

(1) at the end of paragraph (1) by striking ‘‘; and’’ and inserting a period; 

(2) by striking ‘‘Congress’’ and all that follows through ‘‘not later’’ and inserting ‘‘Congress not later’’; and 

(3) by striking paragraph (2). 

(b) Section 1203 of the Strom Thurmond National Defense Authorization Act for 

Fiscal Year 1999 (Public Law 105–261) is repealed. 

SEC. 702. REPORTS TO COMMITTEE ON INTERNATIONAL RELATIONS. 

Notwithstanding any other provision of law, for the fiscal years 2004 and 2005, 

any report required by law or otherwise requested to be submitted by the Secretary 

of State or the Department of State to any committee of the Congress shall be subVerDate Jan 31 2003 01:42 May 18, 2003 Jkt 019006 PO 00000 Frm 00042 Fmt 6659 Sfmt 6621 E:\HR\OC\HR105P1.XXX HR105P1
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mitted also to the Committee on International Relations of the House of Representatives.

SEC. 703. REPORTS CONCERNING THE CAPTURE AND PROSECUTION OF PARAMILITARY AND 

OTHER TERRORIST LEADERS IN COLOMBIA. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) As reported in the Department of State report Patterns of Global Terrorism 2001, the United Self-Defense Forces of Colombia (also referred to as 

‘‘AUC’’ or ‘‘paramilitaries’’) have been designated as a foreign terrorist organization by the United States primarily because of their increasing reliance on terrorist methods, such as the use of massacres, to purposefully displace segments 

of the population as retaliation for allegedly supporting the AUC’s rival organizations, the Revolutionary Armed Forces of Colombia (FARC) and the National 

Liberation Army (ELN) of Colombia. According to the report, the paramilitaries 

also use terrorist tactics to compete for narcotics-trafficking corridors and prime 

coca-growing terrain. 

(2) The Department of State concluded in the 2001 Country Report on Human 

Rights Practices that despite increased efforts by the Government of Colombia 

to combat and capture members of paramilitary groups, security forces sometimes illegally collaborate with paramilitaries forces and often fail to take action 

to prevent paramilitary attacks which lead to serious abuses of human rights. 

(3) In September 2002, Amnesty International, Human Rights Watch, and the 

Washington Office on Latin America released a report which argued that the 

Colombian Government had not made substantial progress toward suspending 

officers implicated in human rights abuses, conducting effective judicial investigations of such abuses, or breaking the persistent links between some units 

of the Colombian military and paramilitary groups. 

(4) In February 2003, the United Nations High Commissioner for Human 

Rights in Colombia reported that some units of the Colombian Security Forces 

continued to collude openly with illegal paramilitary groups in operations which 

resulted in violations of human rights. 

(5) The Consolidated Appropriations Resolution, 2003 (Public Law 108–7) 

made available not less than $5,000,000 to support a Colombian Armed Forces 

unit which is dedicated to apprehending leaders of Colombian paramilitary organizations. 

(b) REPORTS TO CONGRESS.—Not later than 30 days after the date of enactment 

of this Act, and every 180 days thereafter, the Secretary of State, after consulting 

with internationally recognized human rights organizations pursuant to the procedures required in section 564(b) of the Consolidated Appropriations Resolution, 

2003, shall submit a report, in unclassified form (with a classified annex if necessary), on the specific measures that the Colombian authorities are taking to apprehend effectively and prosecute aggressively leaders of paramilitary organizations, 

to the Committee on International Relations of the House of Representatives and 

the Committee on Foreign Relations of the Senate. 

(c) CONTENTS OF REPORTS.—Each report submitted pursuant to subsection (b) 

shall—

(1) identify which Colombian Armed Forces units are receiving assistance to 

apprehend leaders of Colombian paramilitary organizations; 

(2) describe the amount and purposes of such assistance; 

(3) describe operations by Colombian security forces to apprehend and arrest 

leaders of Colombian paramilitary organizations; 

(4) list the number of detentions, captures, and arrests of leaders of Colombian paramilitary organizations, disaggregating the number according to those 

detentions, captures, and arrests which were carried out by Colombian security 

forces identified under paragraph (1); 

(5) briefly describe the status of investigations and prosecutions of cases by 

the Colombian Attorney General’s office involving the arrests of leaders of Colombian paramilitary organizations; and 

(6) estimate the number of hours of use by the Colombian military of helicopters provided by the United States under Plan Colombia and successor programs to apprehend the leaders of Colombian paramilitary organizations, as 

well as leaders of the FARC and ELN, including those individuals who have 

United States indictments pending against them. 

SEC. 704. REPORTS RELATING TO MAGEN DAVID ADOM SOCIETY. 

(a) FINDINGS.—Section 690(a) of the Foreign Relations Authorization Act, Fiscal 

Year 2003 (Public Law 107–228) is amended by adding at the end the following: 

‘‘(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 memberVerDate Jan 31 2003 01:42 May 18, 2003 Jkt 019006 PO 00000 Frm 00043 Fmt 6659 Sfmt 6621 E:\HR\OC\HR105P1.XXX HR105P1
44

ship 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.—Section 690(b) of such Act is amended—

(1) in paragraph (3) after the semicolon by striking ‘‘and’’; 

(2) by redesignating paragraph (4) as paragraph (5); and 

(3) by inserting after paragraph (3) the following new paragraph: 

‘‘(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’’. 

(c) REPORT.—Section 690 of such Act is further amended by adding at the end the 

following: 

‘‘(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.’’.

SEC. 705. REPORT CONCERNING THE RETURN OF PORTRAITS OF HOLOCAUST VICTIMS TO 

THE ARTIST DINA BABBITT. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) Dina Babbitt (formerly known as Dinah Gottliebova), a United States citizen, has requested the return of watercolor portraits she painted while suffering a one and one-half year long internment at the Auschwitz death camp 

during World War II, where she was ordered to paint portraits by the infamous 

war criminal Dr. Josef Mengele. 

(2) Congress has previously considered the issue, under the Foreign Relations 

Authorization Act, Fiscal Year 2003 (Public Law 107–228), and urged the Administration to facilitate the return of the paintings to Dina Babbitt. 

(3) The Administration has not yet reported any progress in furthering this 

goal, nor has the Secretary reported on the status of any negotiations held with 

the intent of furthering this goal. 

(b) SENSE OF CONGRESS.—The Congress—

(1) continues to recognize the moral right of Dina Babbitt to obtain the artwork she created, and recognizes her courage in the face of the evils perpetrated 

by the Nazi command of the Auschwitz- Birkenau death camp, including the 

atrocities committed by Dr. Josef Mengele; 

(2) urges the President of the United States to make all necessary efforts to 

retrieve the 7 watercolor portraits painted by Dina Babbitt, during her internment at the Auschwitz death camp; and 

(3) urges the Secretary of State to make immediate diplomatic efforts to facilitate the transfer of the 7 original watercolors painted by Dina Babbitt from the 

Auschwitz-Birkenau State Museum to Dina Babbitt, their rightful owner. 

(c) REPORTING REQUIREMENT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate 

congressional committees, describing all diplomatic efforts the United States has 

taken to facilitate the return of the paintings referred to in this section to Dina Babbitt.

SEC. 706. REPORT TO CONGRESS ON USE OF VESTED ASSETS. 

Section 203(a) of the International Emergency Economic Powers Act (50 U.S.C. 

1702(a)) is amended—

(1) in subparagraph (C), by inserting ‘‘, subject to paragraph (4),’’ after ‘‘such 

interest or property shall’’; and 

(2) by adding at the end the following: 

‘‘(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 

45

of Representatives and the Committee on Foreign Relations of the Senate of the 

purpose for which such vested property or liquidated assets will be so used.’’.

SEC. 707. REPORT CONCERNING THE CONFLICT IN UGANDA. 

(a) SENSE OF CONGRESS.—It is the sense of the Congress that the United States 

should—

(1) exhaust all diplomatic means and pressures, including the creation of a 

United States role in negotiating humanitarian access to hitherto inaccessible 

populations which would offer an opportunity to bring the warring parties together to build confidence, to support an immediate peaceful resolution to the 

16-year old conflict in Northern Uganda that has— (A) killed an estimated 23,000 people, including 12,000 civilians, 

(B) resulted in the forced abduction, sexual servitude, and armed recruitment of between 16,000 to 26,000 Ugandan children by the Lord’s Resistance Army, a renegade army that has in the past sought refuge in southern 

Sudan and raided villages in northern Uganda, 

(C) displaced over 800,000 Ugandan citizens and Sudanese refugees, 

(D) resulted in the death and abduction of humanitarian aid workers, and 

(E) gravely inhibited the delivery of emergency assistance and food aid 

to nearly 1 million northern Ugandan civilians dependent on such assistance for survival; 

(2) urge rebel forces to stop the abduction of children, urge all forces to stop 

the use of child soldiers, and seek the release of all forcibly-held children; 

(3) make available technical assistance resources to seek, track, and stop 

funding for the Lord’s Resistance Army (LRA) from all sources and condemn all 

governments and organizations who do assist the LRA; 

(4) monitor and support negotiations conducted by an third-party institutions 

for an immediate cease-fire between the LRA and the Ugandan Government, 

and to explore the possibility of facilitating the creation of mechanisms for an 

international monitoring team to enforce this cease-fire as the first step in the 

process toward a permanent peace; 

(5) continue supporting the Sudan Peace Process and Danforth Initiative, 

which includes peace talks, donor coordination, regional support, civilian protection and monitoring, and cease-fire verification and consider modeling aspects 

of this process in northern Uganda; 

(6) make available sufficient resources to meet the immediate relief of the 

towns and cities supporting large displaced populations, including food, clean 

water, medicine, shelter, and clothing; 

(7) make available increased resources for assistance to released and returned 

abducted children and child soldiers and ensure that amnesty is provided when 

appropriate; 

(8) work with other donors and the Ugandan Government to increase resources and technical support to the Uganda Amnesty Commission for the increased demobilization of rebel combatants; 

(9) examine ways in which development assistance can help those living in 

protective villages in northern Uganda return to and cultivate farmland; and 

(10) condition military assistance to Uganda on its international compliance 

with sustained troop withdrawals from the Democratic Republic of Congo where 

the presence of Ugandan armies has contributed to the violence and instability 

in the region. 

(b) REPORTS TO CONGRESS.—Not later than 180 days after the date of the enactment of this Act, and not later than April 1 of each subsequent year, the Secretary 

shall submit to the appropriate congressional committees a report on the comprehensive actions of the United States in seeking a peaceful and immediate solution to conflict in northern Uganda as well as humanitarian assistance efforts to the 

region, including efforts to advance each area addressed in subsection (a).

SEC. 708. REQUIREMENT FOR REPORT ON UNITED STATES POLICY TOWARD HAITI. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The United States has a political and economic interest and a humanitarian and moral responsibility in assisting the Government and people of Haiti 

in resolving the country’s problems and challenges. 

(2) The situation in Haiti is increasingly cause for alarm and concern, and 

a sustained, coherent, and active approach by the United States Government 

is needed to make progress toward resolving Haiti’s political and economic crises. 

(b) REQUIREMENT FOR REPORT.—Not later than 60 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the Treasury, 

shall submit to the appropriate congressional committees a report that describes 

United States policy toward Haiti. The report shall include the following: 

46

(1) A description of the activities carried out by the United States Government to resolve Haiti’s political crisis and to promote the holding of free and 

fair elections in Haiti at the earliest possible date. 

(2) A description of the activities that the United States Government anticipates initiating to resolve the political crisis and promote free and fair elections 

in Haiti. 

(3) An assessment of whether Resolution 822 issued by the Permanent Council of the Organization of American States on September 4, 2002, is an appropriate framework for a multilateral approach to resolving the political and economic crises in Haiti. 

(4) A description of the status of efforts to release the approximately 

$146,000,000 in loan funds that have been approved by the Inter-American Development Bank to Haiti for the purposes of rehabilitating rural roads, reorganizing the health sector, improving potable water supply and sanitation, and 

providing basic education, a description of any obstacles that are delaying the 

release of the loan funds, and recommendations for overcoming such obstacles, 

including whether any of the following would facilitate the release of such 

funds: 

(A) Establishing an International Monetary Fund staff monitoring program in Haiti. 

(B) Obtaining bridge loans or other sources of funding to pay the cost of 

any arrears owed by the Government of Haiti to the Inter-American Development Bank. 

(C) Providing technical assistance to the Government of Haiti to permit 

the Government to meet international financial transparency and other requirements.

SEC. 709. REPORT ON THE EFFECTS OF PLAN COLOMBIA ON ECUADOR. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) Section 695 of the Foreign Relations Authorization Act, Fiscal Year 2003 

(Public Law 107–228) required the Secretary of State to submit a report to Congress on the impact of Plan Colombia on Ecuador and the other adjacent countries to Colombia within 150 days after the date of the enactment of that Act. 

(2) The 150 day time period for the submission of such report has lapsed 

without a report being submitted to the Congress. 

(3) There continues to be growing alarm concerning the spillover effect of Plan 

Colombia on Ecuador, a frontline state, especially in the northern region of Ecuador which includes the Sucumbios province. 

(b) REPORT TO CONGRESS.—Not later than 30 days after the date of the enactment 

of this Act, the Secretary of State shall submit a report to the appropriate congressional committees which sets forth—

(A) a statement of policy and comprehensive strategy for United States 

activities in Colombia related to the impact of Plan Colombia on Ecuador 

and the other adjacent countries to Colombia; and 

(B) the reasons for the failure of the Department of State to submit the 

report required by section 695 of Public Law 107–228 within the time period mandated by law. 

SEC. 710. REPORT ON ACTIONS TAKEN BY PAKISTAN. 

For each of fiscal years 2004 and 2005, the President shall prepare and transmit 

to the appropriate congressional committees a report that contains a description of 

the extent to which the Government of Pakistan—

(1) has closed all known terrorist training camps operating in Pakistan and 

Pakistani-held Kashmir; 

(2) has established serious and identifiable measures to prohibit the infiltration of Islamic extremists across the ‘‘Line of Control’’ (LoC) into India; and 

(3) has ceased the transfer of weapons of mass destruction, including any associated technologies, to any third country or terrorist organization.

SEC. 711. REPORT ON DEMOCRACY IN THE WESTERN HEMISPHERE. 

(a) FINDINGS.—Congress finds the following: 

(1) Although 34 out of 35 countries in the Western Hemisphere have held 

elections for civilian leaders of national, regional, and local governments, many 

of these countries have failed to successfully develop independent democratic institutions, transparent and accountable governance, and effective means of 

guaranteeing the rule of law, which are key components of a fully functioning 

democracy. 

(2) The rule of law, independent democratic institutions, and transparent, accountable governance are essential for guaranteeing human rights, especially 

civil, political, and labor rights. 

47

(3) The rule of law, independent democratic institutions, and transparent accountable governance are also necessary for promoting successful economic development and reliable trading and investment mechanisms. 

(4) In part because of the lack of these three factors, progress on human 

rights and economic development has lagged or been uneven in much of the 

Western Hemisphere, leading some to question the benefits of democracy itself 

as a path for improving the lives of individuals in the hemisphere. 

(5) For democracy to continue in many of these countries, for human rights 

to improve, and for regional economic integration to be successful, the rule of 

law, independent democratic institutions, and transparent accountable governance must be strengthened. 

(6) As a strong supporter of democracy and human rights and as an advocate 

of regional economic integration, it is in the interests of the United States to 

enhance its efforts to promote a deepening of democracy in the Western Hemisphere, particularly through strengthening the rule of law, independent democratic institutions, and transparent accountable governance. 

(b) REPORT.—Not later than 90 days after the date of the enactment of this Act, 

the Secretary, in consultation with the heads of other Federal departments and 

agencies as necessary, shall prepare and submit to the appropriate congressional 

committees a report on the state of democracy in each country in the Western Hemisphere (other than the United States and Canada). For each such country, the report shall provide the following: 

(1) A description of its system of government, including schedule of elections, 

manner of judicial appointments, and responsibilities of each branch of government. 

(2) An assessment of—

(A) the state of the rule of law; 

(B) the power and independence of each branch of government and institutions; 

(C) the transparence and accountability in governance; and 

(D) the effect on human rights, particularly civil and political rights, 

caused by the presence (or lack thereof) of any of the factors in subparagraphs (A) through (C); and 

(E) the effect on economic development caused by the presence (or lack 

thereof) of any of the factors in subparagraphs (A) through (C). 

(3) A description of efforts to strengthen the rule of law, independent institutions, or transparent governance in the country, whether through local efforts 

or through efforts funded or implemented by the United States, the Organization of American States (OAS), or others.

SEC. 712. REPORT CONCERNING INTERNAL AND INTRA-REGIONAL CONFLICTS IN THE GREAT 

LAKES REGION OF AFRICA. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) The Great Lakes region of Central Africa has a history of colonial based 

ethnic divisions, political violence, and civil wars which have perpetuated conditions conducive to chronic poverty and turmoil over the past decade. The countries of the Great Lakes region are heavily embroiled in the conflicts within 

their neighbors borders. At different times, the war in the Democratic Republic 

of Congo (DRC) has involved more outside countries than any other contemporary war in Africa’s history, (including Angola, Rwanda, Uganda, Zimbabwe, 

Burundi, Sudan, Chad, Namibia, and Central African Republic). 

(2) The region is hallmarked by genocide, the recruitment of child soldiers, 

war crimes, systematic rape of women and violence directed against children, 

corruption, and the illegal exploitation of natural resources on a global scale. 

Civil wars, conflicts over natural resources, and structural violence in the Great 

Lakes have resulted in—

(A) the death of approximately three million people through direct and 

indirect causes of the war in the DRC since 1998; 

(B) the deaths of at least 800,000 people during the 1994 genocide in 

Rwanda; 

(C) the deaths of an estimated 300,000 people through direct and indirect 

causes of the war in Burundi since 1993; 

(D) the deaths of thousands in Uganda; 

(E) the forced abduction, sexual servitude, and armed recruitment of 

thousands of children; 

(F) the displacement of millions of Ugandan, Burundian, Congolese, 

Rwandan, and Sudanese refugees; 

(G) the death and abduction of humanitarian aid workers throughout the 

region; and 

48

(H) grave disruptions in the delivery of emergency assistance and food aid 

to millions of civilians in northern Uganda, eastern Congo, and Burundi dependent on such assistance for survival. 

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

should—

(1) exhaust all diplomatic means and utilize all foreign policy instruments to 

help peacefully resolve conflicts in the Great Lakes region by supporting both 

national and regional political, economic, and social initiatives conducive to fostering African-led peace, reconstruction, and political and economic institutional 

and structural transformation processes in Uganda, Rwanda, Burundi, and the 

Democratic Republic of Congo; 

(2) urge all rebel forces to stop the abduction of children, urge all armed 

forces to stop the use of child soldiers, and seek the release of all forcibly-held 

children; 

(3) make available technical assistance resources to seek, track, and stop 

funding for all armed extremist paramilitary and militarist rebel organizations 

from all sources and condemn all governments and organizations who do assist 

such groups; 

(4) monitor and support negotiations conducted by third-party institutions for 

an immediate end of armed actions between: The LRA and the Ugandan Government; the RCD factions and MLC and the government of Democratic Republic of the Congo under the terms of the Lusaka Accords; the FDD and the Burundian Government under the terms of the Arusha Accords; 

(5) explore the possibility of facilitating the creation of mechanisms for an 

international monitoring team to enforce cease-fires as the first step in the process toward a permanent peace in the region; 

(6) continue supporting the Sudan Peace Process, the Danforth Initiative, the 

Lusaka Accords, and the Arusha Accords which includes peace talks, donor coordination, regional support, civilian protection and monitoring, and cease-fire 

verification; 

(7) make available sufficient resources to meet the immediate relief needs of 

the towns and cities in the Great Lakes region supporting large displaced populations, including food, clean water, medicine, shelter, and clothing; 

((8) make available increased resources for assistance to released and returned abducted children and child soldiers in the Great Lakes Region and ensure that amnesty is provided when appropriate; 

(9) work with other donors and the Governments of Uganda, Burundi, Rwanda, and the Democratic Republic of Congo to increase resources and technical 

support to both regional and national combatant demobilization entities such as 

the Uganda Amnesty Commission in Uganda and equivalent entities in Burundi, Rwanda, and the Democratic Republic of Congo for the increased demobilization of rebel combatants; 

(10) examine ways in which development assistance (DA) can help those living in protective villages in northern Uganda, eastern Congo, and other demilitarized areas in Rwanda and Burundi to return to and cultivate farmland; 

(11) condition military assistance to any nation which acts to destabilize the 

DRC by violating international agreements regarding sustained troop withdrawals and respect for the territorial integrity of the DRC; and 

(12) direct the Secretary of State to appoint a special envoy to the Great 

Lakes region to oversee cross-cutting security and economic policies in the region. 

(c) REPORTS TO CONGRESS.—Not later than 180 days after the date of the enactment of this Act, and not later than April 1 of each subsequent year, the Secretary 

should submit to the appropriate congressional committees a report on the comprehensive actions taken by the United States in promoting peaceful and immediate 

solutions to the internal and intra-regional conflicts in the Great Lakes region, including taking steps to bring an end to the illegal exploitation and international 

trade of natural resources from the Democratic Republic of Congo; supporting bilateral and multilateral peace keeping initiatives; the promotion of regional economic 

integration; the promotion of broad based democratic political processes based on 

the rule of law; the promotion of women and other previously disadvantaged communities as equal political and economic stakeholders in societies; and humanitarian assistance efforts in the region, including efforts to advance each area addressed in subsection (a). 

49

Subtitle B—Other Matters 

SEC. 721. SENSE OF CONGRESS RELATING TO EAST TIMOR, JUSTICE, AND REHABILITATION. 

The Congress—

(1) recalls that the United Nations International Commission of Inquiry concluded in January 2000 that ‘‘the Indonesian Army was responsible for the intimidation, terror, killings and other acts of violence’’ during East Timor’s vote 

for independence in 1999; 

(2) reiterates that justice for crimes against humanity and war crimes committed in East Timor during the vote for independence in 1999 is crucial for 

peace, reconciliation, and the ongoing nation-building process in East Timor and 

Indonesia; 

(3) finds that the ad hoc Human Rights Court on East Timor established by 

the Indonesian Government in 2001 has inadequately brought to justice the perpetrators of these crimes as eleven of fourteen defendants have been acquitted 

as a result of poor indictments and the absence of an adequate witness protection program, and four of the five sentences imposed have been less than the 

minimum allowed under the Indonesian Human Rights Law; 

(4) supports the work of the Joint United Nations-East Timor Serious Crimes 

Unit (SCU), which filed indictments against high-ranking Indonesian officers 

who were allegedly involved in the crimes, including Gen. Wiranto, Maj. Gen. 

Kiki Syahnakri, Maj. Gen. Zacky Anwar Makarim, Maj. Gen. Adam Damiri, 

Col. Suratman, Col. Noer Muis, Col. Yayat Sudrajat and former Governor Abilio 

Soares, and expresses its strong disappointment that the Indonesian Government has stated its intention to ignore the indictments; 

(5) calls on the State Department and the United States Mission to the 

United Nations to push for a comprehensive United Nations review of the Indonesian ad hoc Human Rights Court on East Timor, including a review of the 

conduct of trials, the indictment strategy by the prosecutors and its adherence 

to the international standards, and urges the State Department to consider alternative mechanisms of justice for East Timor, including the establishment of 

an ad hoc international tribunal; and 

(6) urges the Indonesian Government to fully cooperate with the joint United 

Nations-East Timor Serious Crimes Unit (SCU) and encourages the United 

States to urge the Indonesian Government to fully cooperate with the SCU. 

SEC. 722. SENSE OF CONGRESS CONCERNING HUMAN RIGHTS AND JUSTICE IN INDONESIA. 

The Congress—

(1) notes with grave concern that members of the Indonesian security forces, 

particularly the Army Special Forces (Kopassus) and the Police Mobile Brigade 

(Brimob), continue to commit many serious human rights violations, including 

extrajudicial killings, torture, rape, and arbitrary detention, particularly in 

areas of conflict such as Aceh, Papua, the Moluccas, and Central Sulawesi; 

(2) notes with grave concern that the Government of Indonesia largely fails 

to hold soldiers and police accountable for extrajudicial killings and other serious human rights abuses, both past and present; 

(3) condemns the intimidation and harassment of human rights and civil society organizations and activists by members of Indonesian security forces and by 

military-backed militia groups, particularly in Aceh and Papua; 

(4) notes with concern the Indonesian military’s resistance to civilian control 

and oversight, its lack of budgetary transparency, and its continuing emphasis 

on internal security within Indonesia; 

(5) urges the Indonesian government and military to provide full, active, and 

unfettered cooperation with the investigation of the Federal Bureau of Investigation of the United States Department of Justice into the August 31, 2002 

attack near Timika, Papua, which killed three people (including two Americans, 

Rick Spier and Ted Burgon), and injured 12 others, and which appears likely 

to have been perpetrated at least in part by members of the Indonesian military; 

(6) commends the December 2002 signing of the Framework Agreement on 

Cessation of Hostilities in Aceh, but condemns the recent outbreaks of violence 

and militia activity that appear calculated to subvert that cease-fire agreement; 

(7) notes with grave concern the continued detention of Muhammad Nazar, 

and the fact that those responsible for the murders of other prominent members 

of civil society in Aceh, such as Jafar Siddiq Hamzah, Sukardi, Sulaiman 

Ahmad, Tengku Safwan Idris, Nashiruddin Daud, and Zaini Sulaiman, still 

have not been apprehended, prosecuted, or punished; 

50

(8) commends the ‘‘Zone of Peace’’ initiative in Papua, which has brought together civic, religious, governmental, and police representatives to discuss productive means of avoiding conflict, but expresses concern at the refusal of the 

Indonesian military to participate in that effort; and 

(9) encourages the Government of Indonesia to expedite the reunification of 

separated East Timorese children with their families, and to hold legally accountable those individuals and organizations responsible for taking those children and for obstructing reunification efforts. 

SEC. 723. AMENDMENT TO THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF 1998. 

Section 207(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 

6435(a)) is amended by inserting ‘‘and for each subsequent fiscal year’’ after ‘‘2003’’.

SEC. 724. SENSE OF CONGRESS WITH RESPECT TO HUMAN RIGHTS IN CENTRAL ASIA. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) The Central Asian nations of Kazakhstan, Kyrgyzstan, Tajikistan, 

Turkmenistan, and Uzbekistan are providing the United States with assistance 

in the war in Afghanistan, from military basing and overflight rights to the facilitation of humanitarian relief. 

(2) In turn, the United States victory over the Taliban in Afghanistan provides important benefits to the Central Asian nations by removing a regime 

that threatened their security and by significantly weakening the Islamic Movement of Uzbekistan, a terrorist organization that had previously staged armed 

raids from Afghanistan into the region. 

(3) The United States has consistently urged the nations of Central Asia to 

open their political systems and economies and to respect human rights, both 

before and since the attacks of September 11, 2001. 

(4) Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan are 

members of the United Nations and the Organization for Security and Cooperation in Europe (OSCE), both of which confer a range of obligations with respect 

to human rights on their members. 

(5) While the United States recognizes marked differences among the social 

structures and commitments to democratic and economic reform of the Central 

Asian nations, the United States notes nevertheless, according to the State Department Country Reports on Human Rights Practices, that all five governments of such nations, to differing degrees, restrict freedom of speech and association, restrict or ban the activities of human rights organizations and other 

nongovernmental organizations, harass or prohibit independent media, imprison 

political opponents, practice arbitrary detention and arrest, and engage in torture and extrajudicial executions. 

(6) By continuing to suppress human rights and to deny citizens peaceful, 

democratic means of expressing their convictions, the nations of Central Asia 

risk fueling popular support for violent and extremist movements, thus undermining the goals of the war on terrorism. 

(7) President George W. Bush has made the defense of human dignity, the 

rule of law, limits on the power of the state, respect for women and private 

property, free speech, equal justice, religious tolerance strategic goals of United 

States foreign policy in the Islamic world, arguing that ‘‘a truly strong nation 

will permit legal avenues of dissent for all groups that pursue their aspirations 

without violence’’. 

(8) Congress has expressed its desire to see deeper reform in Central Asia in 

past resolutions and other legislation, most recently conditioning assistance to 

Uzbekistan and Kazakhstan on their progress in meeting commitments to the 

United States on human rights and democracy. 

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

(1) the governments of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, 

and Uzbekistan should accelerate democratic reforms and fulfill their human 

rights obligations, including, where appropriate, by—

(A) releasing from prison anyone jailed for peaceful political activism or 

the nonviolent expression of their political or religious beliefs; 

(B) fully investigating any credible allegations of torture and prosecuting 

those responsible; 

(C) permitting the free and unfettered functioning of independent media 

outlets, independent political parties, and nongovernmental organizations, 

including by easing registration processes; 

(D) permitting the free exercise of religious beliefs and ceasing the persecution of members of religious groups and denominations that do not engage in violence or political change through violence; 

(E) holding free, competitive, and fair elections; and 

51

(F) making publicly available documentation of their revenues and punishing those engaged in official corruption; 

(2) the President, the Secretary of State, and the Secretary of Defense 

should—

(A) continue to raise at the highest levels with the governments of the 

nations of Central Asia specific cases of political and religious persecution, 

and to urge greater respect for human rights and democratic freedoms at 

every diplomatic opportunity; 

(B) take progress in meeting the goals specified in paragraph (1) into account when determining the scope and nature of United States diplomatic 

and military relations and assistance with each of such governments; 

(C) ensure that the provisions of foreign operations appropriations Acts 

are fully implemented to ensure that no United States assistance benefits 

security forces in Central Asia that are implicated in violations of human 

rights; 

(D) press the Government of Turkmenistan to implement the helpful recommendations contained in the 2003 resolution on Turkmenistan of the 

United Nations Commission on Human Rights and the so-called ‘‘Moscow 

Mechanism’’ Report of the Organization for Security and Cooperation in Europe (OSCE), respect the right of all prisoners to due process and a fair 

trial and release democratic activists and their family members from prison; 

(E) urge the Government of Russia not to extradite to Turkmenistan 

members of the political opposition of Turkmenistan; 

(F) work with the Government of Kazakhstan to create a political climate 

free of intimidation and harassment, including releasing political prisoners 

and permitting the return of political exiles, and to reduce official corruption, including by urging the Government of Kazakhstan to cooperate with 

the ongoing United States Department of Justice investigation; 

(G) support through United States assistance programs individuals, nongovernmental organizations, and media outlets in Central Asia working to 

build more open societies, to support the victims of human rights abuses, 

and to expose official corruption; and 

(H) press the Government of Uzbekistan to implement fully the recommendations made to the Government of Uzbekistan by the United Nations’ Special Rapporteur on Torture; and 

(3) increased levels of United States assistance to the governments of the nations of Central Asia made possible by their cooperation in the war in Afghanistan can be sustained only if there is substantial and continuing progress toward meeting the goals specified in paragraph (1). 

SEC. 725. TECHNICAL CORRECTION TO AUTHORIZATION OF APPROPRIATIONS FOR FISCAL 

YEAR 2003 FOR CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN 

EAST AND WEST. 

Section 112(3) of the Foreign Relations Authorization Act, Fiscal Year 2003 (116 

Stat. 1358; Public Law 107–228) is amended by striking ‘‘$15,000,000’’ and inserting 

‘‘$18,000,000’’.

SEC. 726. UNDER SECRETARY OF COMMERCE FOR INDUSTRY AND SECURITY. 

(a) UNDER SECRETARY.—There shall be in the Department of Commerce an Under 

Secretary of Commerce for Industry and Security who shall serve as the head of the 

Bureau of Industry and Security and perform such duties as the Secretary of Commerce shall prescribe. The Under Secretary of Commerce for Industry and Security 

shall be appointed by the President by and with the advice and consent of the Senate. 

(b) INCUMBENT.—The individual serving on the date of the enactment of this Act 

as the Under Secretary of Commerce for Export Administration shall serve as the 

Under Secretary of Commerce for Industry and Security until such time as a successor is appointed under subsection (a). 

(c) COMPENSATION.—Section 5314 of title 5, United States Code, is amended by 

striking ‘‘Under Secretary of Commerce for Export Administration’’ and inserting 

‘‘Under Secretary of Commerce for Industry and Security’’. 

(d) CONFORMING AMENDMENTS.—Section 15(a) of the Export Administration Act 

of 1979 (50 U.S.C. App. 2414(a)) is amended—

(1) by striking the first sentence; and 

(2) in the second sentence, by striking ‘‘in carrying out such functions’’ and 

inserting ‘‘of Commerce for Industry and Security in carrying out the functions 

of the Under Secretary’’.

52

SEC. 727. CONCERNING THE SPREAD OF WEAPONS OF MASS DESTRUCTION. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) The proliferation of weapons of mass destruction presents a direct threat 

to the stability, security, and safety of nations around the globe. 

(2) Combatting the spread of such weapons is a responsibility borne by all nations. 

(3) United States efforts to stop the further spread of these weapons can be 

further enhanced by cooperative efforts between the United States and the European Union. 

(4) There are many different components in this effort that require a comprehensive approach, immediate attention, and vigorous action, including the 

‘‘10+10 over 10 Initiative’’ agreed to by the United States and many members 

of the European Union. 

(5) Stopping the spread of weapons of mass destruction is made more difficult 

when states willingly participate in, or contribute to, their development or their 

sale or transfer to other nations. 

(6) Stopping the spread of weapons of mass destruction is made more difficult 

when private companies willingly participate in, or contribute to, their development or their sale or transfer to other nations. 

(7) United States security and safety is undermined when companies engage 

in such commerce. 

(b) SENSE OF CONGRESS.—The Congress call on the European Union to—

(1) develop an aggressive and robust regulatory system designed to—

(A) investigate allegations of companies contributing to the development 

of weapons of mass destruction or their sale or transfer to other nations; 

(B) isolate and comdemn companies found to participate in, or contribute 

to, the development of such weapons or their sale or transfer to other nations; and 

(C) develop a punitive response designed to punish such companies, 

thereby preventing further actions on their part and discouraging other 

companies from engaging in such actions; 

(2) condemn, by name, states known to be contributing to the development 

or spread of weapons of mass destruction; and 

(3) develop appropriate punitive measures designed to discourage further actions.

SEC. 728. INTERNATIONAL AGRICULTURAL BIOTECHNOLOGY INFORMATION PROGRAM. 

(a) IN GENERAL.—The Department of State shall provide to other countries, as appropriate, the scientific evidence on the benefits, safety, and potential uses of agricultural biotechnology. 

(b) SPECIFIC OBJECTIVES.—The Secretary of State shall—

(1) chair an interagency task force comprised of representatives of the Department of Commerce, the Department of Agriculture, and the United States Agency for International Development to develop and disseminate accurate written 

scientific information on the potential benefits of agricultural biotechnology for 

human and animal nutrition, the environment, food and feed production, agricultural sustainability, and bioenergy development; 

(2) coordinate the development and dissemination of scientifically-based facts 

regarding, the safety and regulation of biotechnology-derived food and feed 

products; 

(3) instruct the United States Agency for International Development (USAID) 

to develop a program to demonstrate the potential benefits of agricultural biotechnology to develop products that can be grown under local soil and climate 

conditions and better meet the health and nutritional needs of local populations 

in the developing world; and 

(4) ensure that personnel undertaking these activities are knowledgeable of, 

and disseminate information on, the United States regulatory safeguards that 

assure food and environmental safety.

SEC. 729. REFUGEE RESETTLEMENT BURDENSHARING. 

It is the sense of the Congress that—

(1) the Secretary of State should actively encourage the international community to accept refugees for resettlement on a more equitable basis; 

(2) the Secretary of State should raise the issue of refugee resettlement 

burdensharing at the United Nations and other multilateral and bilateral meetings; 

(3) developed countries should be encouraged to increase the percentage of the 

world’s refugees accepted for resettlement; and 

53

(4) the Secretary of State should encourage developing stable countries in regions with refugee flows to accept for resettlement as many of their neighbors 

as possible.

SEC. 730. SENSE OF CONGRESS ON CLIMATE CHANGE. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) Evidence continues to build that increases in atmospheric concentrations 

of manmade greenhouse gases are contributing to global climate change. 

(2) The Intergovernmental Panel on Climate Change (in this section referred 

to as the ‘‘IPCC’’) has concluded that ‘‘there is new and stronger evidence that 

most of the warming observed over the last 50 years is attributable to human 

activities’’ and that the Earth’s average temperature can be expected to rise between 2.5 and 10.4 degrees Fahrenheit in this century. 

(3) The National Academy of Sciences confirmed the findings of the IPCC, 

stating that ‘‘the IPCC’s conclusion that most of the observed warming of the 

last 50 years is likely to have been due to the increase of greenhouse gas concentrations accurately reflects the current thinking of the scientific community 

on this issue’’ and that ‘‘there is general agreement that the observed warming 

is real and particularly strong within the past twenty years’’. The National 

Academy of Sciences also noted that ‘‘because there is considerable uncertainty 

in current understanding of how the climate system varies naturally and reacts 

to emissions of greenhouse gases and aerosols, current estimates of the magnitude of future warming should be regarded as tentative and subject to future 

adjustments upward or downward’’. 

(4) The IPCC has stated that in the last 40 years, the global average sea level 

has risen, ocean heat content has increased, and snow cover and ice extent have 

decreased, which threatens to inundate low-lying island nations and coastal regions throughout the world. 

(5) In October 2000, a report of the United States interagency Global Change 

Research Program found that global climate change may harm the United 

States by altering crop yields, accelerating sea-level rise, and increasing the 

spread of tropical infectious diseases. 

(6) In 1992, the United States ratified the United Nations Framework Convention on Climate Change (in this section referred to as the ‘‘UNFCCC’’), the 

ultimate objective of which is the ‘‘stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic 

interference with the climate system. Such a level should be achieved within a 

time-frame sufficient to allow ecosystems to adapt naturally to climate change, 

to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner’’. 

(7) The UNFCCC stated in part that the Parties to the UNFCCC are to implement policies ‘‘with the aim of returning . . . to their 1990 levels anthropogenic emissions of carbon dioxide and other greenhouse gases’’ under the principle that ‘‘policies and measures . . . should be appropriate for the specific conditions of each Party and should be integrated with national development programmes, taking into account that economic development is essential for adopting measures to address climate change’’. 

(8) There is a shared international responsibility to address this problem, as 

industrial nations are the largest historic and current emitters of greenhouse 

gases and developing nations’ emissions will significantly increase in the future. 

(9) The UNFCCC further stated that ‘‘developed country Parties should take 

the lead in combating climate change and the adverse effects thereof’’, as these 

nations are the largest historic and current emitters of greenhouse gases. The 

UNFCCC also stated that ‘‘steps required to understand and address climate 

change will be environmentally, socially and economically most effective if they 

are based on relevant scientific, technical and economic considerations and continually re-evaluated in the light of new findings in these areas’’. 

(10) Any future, binding treaty on climate change must not result in serious 

harm to the United States economy, and should not cause the United States to 

abandon its shared responsibility to help reduce the risks of climate change and 

its impacts. Future international efforts in this regard should focus on recognizing the equitable responsibilities for addressing climate change by all nations, including commitments by the largest developing country emitters in a 

future, binding climate change treaty. 

(11) While the United States has elected against becoming a party to the 

Kyoto Protocol to the UNFCCC at this time, it is the position of the United 

States that it will not interfere with the plans of any nation that chooses to ratify and implement the Kyoto Protocol. 

54

(12) United States businesses need to know how governments worldwide will 

address the risks of climate change. By committing themselves to reducing their 

greenhouse gas emissions, leading companies in the United States and worldwide are doing more than addressing the problem of climate change—they are 

also improving their competitive positioning. More than 30 major corporations, 

most with operations in the United States, have specifically committed themselves to reducing their greenhouse gas emissions. 

(13) The United States benefits from investments in the research, development, and deployment of a range of clean energy and efficiency technologies 

that can reduce the risks of climate change and its impacts and that can make 

the United States economy more productive, bolster energy security, create jobs, 

and protect the environment. 

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

should demonstrate international leadership and responsibility in reducing the 

health, environmental, and economic risks posed by climate change by— (1) taking responsible action to ensure significant and meaningful reductions 

in emissions of greenhouse gases from all sectors; 

(2) creating flexible international and domestic mechanisms, including joint 

implementation, technology deployment, tradable credits for emissions reductions, and carbon sequestration projects that will reduce, avoid, and sequester 

greenhouse gas emissions; 

(3) participating in international negotiations, including putting forth a proposal to the Conference of the Parties to the UNFCCC, with the objective of securing United States participation in a future binding treaty on climate change 

in a manner that protects the economic interests of the United States, is consistent with the environmental objectives of the UNFCCC, and recognizes the 

shared international responsibility for addressing climate change, including developing country participation; and 

(4) establishing a bipartisan observer group of Members of the House of Representatives, designated by the chairman and ranking member of the Committee on International Relations of the House of Representatives, to monitor 

any international negotiations on climate change.

SEC. 731. SENSE OF CONGRESS REGARDING MIGRATION ISSUES BETWEEN THE UNITED 

STATES AND MEXICO. 

(a) FINDINGS.—The Congress finds as follows: 

(1) During President Bush’s first meeting with President Fox in Guanajuato, 

Mexico, the Presidents stated in the Joint Communique of February 16, 2001 

that ‘‘we are instructing our Governments to engage, at the earliest opportunity, 

in formal high level negotiations aimed at achieving short and long-term agreements that will allow us to constructively address migration and labor issues 

between our two countries.’’. (2) During President Fox’s official visit to Washington, D.C., the Joint Statement of September 6, 2001, summarized the meeting as follows: ‘‘The Presidents 

reviewed the progress made by our joint working group on migration chaired 

by Secretaries Powell, CastaZeda, and Creel and Attorney General Ashcroft and 

noted this represented the most fruitful and frank dialogue we have ever had 

on a subject so important to both nations. They praised implementation of the 

border safety initiative, and recognized that migration-related issues are deeply 

felt by our publics and vital to our prosperity, well-being, and the kind of societies we want to build. They renewed their commitment to forging new and realistic approaches to migration to ensure it is safe, orderly, legal and dignified, 

and agreed on the framework within which this ongoing effort is based. This 

includes: matching willing workers with willing employers; serving the social 

and economic needs of both countries; respecting the human dignity of all migrants, regardless of their status; recognizing the contribution migrants make 

to enriching both societies; shared responsibility for ensuring migration takes 

place through safe and legal channels. Both stressed their commitment to continue our discussions, instructing the high-level working group to reach mutually satisfactory results on border safety, a temporary worker program and the 

status of undocumented Mexicans in the United States. They requested that the 

working group provide them proposals with respect to these issues as soon as 

possible. The Presidents recognized that this is an extraordinarily challenging 

area of public policy, and that it is critical to address the issue in a timely manner and with appropriate thoroughness and depth.’’. 

(3) On September 7, 2001, during President Fox’s historic State Visit to 

Washington, the United States and Mexico issued a joint statement instructing 

our cabinet-level working group to provide us with specific proposals to forge 

a new and realistic framework that will ensure a safe, legal, orderly, and dignified migration flow between our countries. We have today agreed that our 

55

Cabinet level migration group should continue the work we charged it with in 

Guanajuato and Washington. 

(4) When the Presidents met in Monterrey, Mexico, the Presidents stated in 

a Joint Statement on March 22, 2002, as follows: ‘‘Slightly more than one year 

ago, in Guanajuato, we talked about migration as one of the major ties that join 

our societies. We launched then the frankest and most productive dialogue our 

countries have ever had on this important and challenging subject. Those talks 

have continued over the past year, and have yielded a clearer assessment of the 

scope and nature of this issue. This bond between our nations can render countless benefits to our respective economies and families. 

(5) Over the past year, important progress has been made to enhance migrant 

safety and particularly in saving lives by discouraging and reducing illegal 

crossings in dangerous terrain. 

(6) At the conclusion of the Mexico-United States Binational Commission 

(BNC) meeting in Mexico City in November 2002, Secretary of State Powell’s press conference was summarized by the State Department as follows: The 

BNC’s migration working group ‘‘affirmed our strong commitment to advancing 

our bilateral migration agenda,’’ he stressed, adding that ‘‘there should be no 

doubt in anyone’s mind that this is a priority for President Bush, just as it is 

a priority for [Mexican] President [Vicente] Fox.’’ (7) Secretary Powell said no schedule had been established for a migration accord, but he confirmed that the United States and Mexico want to come up with 

a series of migration initiatives over the course of the next six months to a year. 

(8) Mexico’s state-run oil monopoly, Petro ́leos Mexicanos (PEMEX), is inefficient, plagued by corruption, and in need of substantial reform and private investment in order to provide sufficient petroleum products to Mexico and the 

United States to fuel future economic growth which can help curb illegal migration into the United States. 

(b) SENSE OF CONGRESS.—It is the sense of the Congress that— (1) that the United States and Mexico should as soon as is practicable commence negotiations in an attempt to reach a migration accord that is as comprehensive as possible and which addresses the key issues of concern for both 

nations; 

(2) that any accord on migration issues between the United States and Mexico 

should also include an accord to open Petro ́leos Mexicanos (PEMEX) to investment by U.S. oil companies and specific steps to reform PEMEX’s operations to 

make them more transparent and efficient; and 

(3) that as part of any migration agreement between the United States and 

Mexico, the issues of the extradition of violent criminals and law enforcement 

cooperation between the two nations be addressed.

SEC. 732. SENSE OF CONGRESS CONCERNING UNITED STATES ASSISTANCE TO PALESTINIAN 

REFUGEES. 

The Congress— (1) recognizes the importance of United States humanitarian assistance to 

Palestinian refugees as an essential component to the peace process in the Middle East; 

(2) acknowledges the hardships endured by many innocent Palestinian refugees in the West Bank and Gaza Strip and in other neighboring countries; 

(3) notes that the United Nations High Commission for Refugees (UNHCR) 

is the international body that seeks to find ‘‘lasting solutions’’ to the plight of 

refugees throughout the world, with the sole exception of the Palestinians, for 

whose exclusive benefit a special agency, the United Nations Relief and Works 

Agency (UNRWA), was established in 1950 and which makes no effort to permanently resettle Palestinian refugees, even those who reside under the jurisdiction of the Palestinian Authority, in order to ensure the perpetuation of the 

problem of Palestinian refugees; 

(4) recognizes that the United States has been the world’s leading donor to UNRWA, having provided over $2,500,000,000 to UNRWA since 1950, including 

the provision of $110,000,000, in fiscal year 2002, and that such organization 

has provided important humanitarian assistance to the Palestinian people; 

(5) notes that the United States contribution to UNRWA is nearly 10 times 

that of the entire Arab world, and calls on Arab states to assume a greater 

share of the burden for financing UNWRA; 

(6) expresses its outrage over credible reports that UNRWA facilities have 

been used for terrorist training and bases for terrorist operations, with little attempt by the UNRWA to stop or oppose such attacks or alert relevant law enforcement authorities about such terrorist activities; 

(7) expresses deep concern over the textbooks and educational materials used 

in the UNRWA educational system that promote anti-Semitism, denial of the 

56

existence and the right to exist of the state of Israel, and exacerbate stereotypes 

and tensions between the Palestinians and Israelis; 

(8) strongly urges the Secretary General of the United Nations to immediately 

take steps to comprehensively reform the UNRWA so that it actively works to 

oppose terrorist attacks and actively works to promote reconciliation and understanding between the Israelis and Palestinians; 

(9) strongly urges UNRWA to meet the requirements, in letter and spirit, of 

section 301(c) of the Foreign Assistance Act of 1961, including by comprehensively ensuring that no UNRWA assistance is rendered to anyone who has been 

involved with terrorism at any time and that all UNRWA beneficiaries be informed at the earliest possible time, and at regular intervals thereafter, that 

anyone involved with terrorism thereafter will be ineligible for UNRWA benefits; 

(10) strongly urges the Secretary of State to make UNRWA reforms a priority 

at the United Nations by actively campaigning within the United Nations to 

support such reforms, including comprehensive and independently verifiable audits of UNRWA activities and educational reform that would remove from the 

curriculum all textbooks and educational materials that promote hatred of Jews 

and Israel and denial of Israel’s right to exist and replace them with teaching 

materials that promote Israeli-Palestinian reconciliation and mutual understanding; and 

(11) notes the General Accounting Office (GAO) audit required by section 580 

of the FY 2003 Foreign Operations Appropriations Act (Public Law 108–7), and 

strongly encourages the GAO to conduct, as part of this audit, an investigation 

and inspection of all recent United States assistance to UNRWA to ensure that 

taxpayer funds are being spent effectively and are not directly or indirectly supporting terrorism, anti-Semitic or anti-Jewish teachings, or the glorification or 

incitement of violence.

SEC. 733. UNITED STATES POLICY ON WORLD BANK GROUP LOANS TO IRAN. 

(a) UNITED STATES POLICY.—The Secretary of State (or a designee), in consultation with the Secretary of the Treasury, shall communicate directly with the governments of countries represented on the decision-making boards and councils of the 

international financial institutions of the World Bank Group and consistently convey the strong opposition of the United States Government to any further activity 

in Iran by the international financial institutions of the World Bank Group. 

(b) REPORTS.—Not later than 90 days after the date of the enactment of this Act 

and one year thereafter, the Secretary of State shall submit a report on the efforts 

of the Secretary to carry out subsection (a) to the chairman and ranking minority 

member of the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. 

(c) WORLD BANK GROUP DEFINED.—As used in this section, the term ‘‘World Bank 

Group’’ means the International Bank for Reconstruction and Development, the 

International Development Association, the International Financial Corporation, 

and the Multilateral Investment Guaranty Agency. 

SEC. 734. SENSE OF CONGRESS RELATING TO SOVIET NUCLEAR TESTS IN KAZAKHSTAN. 

(a) FINDINGS.—Congress finds the following: 

(1) In 1991, immediately after achieving independence, Kazakhstan closed 

and sealed the world’s second largest nuclear test site in Semipalatinsk which 

had been inherited from the former Soviet Union and at which more than 500 

nuclear tests had been conducted from 1949 to 1991. 

(2) The cumulative power of explosions from those tests, conducted above 

ground, on the ground, and underground is believed to be equal to the power 

of 20,000 explosions of the type of bomb dropped on Hiroshima, Japan, in 1945. 

(3) More than 1,500,000 people in Kazakhstan suffered because of decades of 

Soviet nuclear weapons testing in the region. 

(4) A horrifying array of disease will continue to destroy the lives of hundreds 

of thousands and their descendants for many generations to come as a result 

of these tests. 

(5) Since its independence, Kazakhstan has constructed a stable and peaceful 

state, voluntarily disarmed the world’s fourth largest nuclear arsenal, joined the 

Strategic Arms Reduction Treaty (START), and became an example of responsible nonproliferation of such weapons. 

(6) Kazakhstan is also doing its best to help those who were exposed to the 

horrific nuclear experiments of the 20th century but it faces daunting challenges. 

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

should work to establish a joint working group with the Government of Kazakhstan 

57

to assist in assessing the environmental damage and health effects caused by Soviet 

nuclear testing in Semipalatinsk.

SEC. 735. SENSE OF CONGRESS RELATING TO VIOLENCE AGAINST WOMEN. 

The Congress— (1) recalls that Article 4 of the United Nations Declaration on the Elimination 

of Violence Against Women (20 December 1993) outlines that states should condemn violence against women and should not invoke any custom, tradition, or 

religious consideration to avoid their obligations with respect to its elimination; 

(2) recalls that Chapter 4, Section 125, of the Beijing Declaration and Platform for Action, Fourth World Conference on Women (15 September 1995) 

states that governments condemn violence against women and refrain from invoking any custom, tradition, or religious consideration to avoid their obligations with respect to its elimination as set out in the Declaration on the Elimination of Violence against Women; 

(3) recalls that the United States has supported both the United Nations Declaration on the Elimination of Violence and the Beijing Declaration and Platform for Action; and 

(4) reinforces the position of the United States that the United States condemns violence against women and refrains from invoking any custom, tradition, or religious consideration to avoid this nation’s obligations with respect to 

its elimination as set out in the Declaration on the Elimination of Violence 

against Women.

DIVISION B—DEFENSE TRADE AND SECURITY 

ASSISTANCE REFORM ACT OF 2003

TITLE X—GENERAL PROVISIONS 

SEC. 1001. SHORT TITLE. 

This division may be cited as the ‘‘Defense Trade and Security Assistance Reform 

Act of 2003’’. 

SEC. 1002. DEFINITIONS. 

Except as otherwise provided, in this division: 

(1) DEFENSE ARTICLES.—The term ‘‘defense articles’’ has the meaning given 

the term in section 47(7)(A) of the Arms Export Control Act (as amended by section 1107(d) of this Act). 

(2) DEFENSE SERVICES.—The term ‘‘defense services’’ has the meaning given 

the term in section 47(7)(B) of the Arms Export Control Act (as amended by section 1107(d) of this Act). 

(3) DUAL USE.—The term ‘‘dual use’’ means, with respect to goods or technology, those goods or technology that are specifically designed or developed for 

civil purposes but which also may be used or deployed in a military mode. 

(4) EXPORT ADMINISTRATION REGULATIONS.—The term ‘‘Export Administration 

Regulations’’ means those regulations contained in sections 730–774 of title 15, 

Code of Federal Regulations (or successor regulations). 

(5) GOOD.—The term ‘‘good’’ has the meaning given the term in section 16(3) 

of the Export Administration Act of 1979 (50 U.S.C. App. 2415(3)). 

(6) INTERNATIONAL TRAFFIC IN ARMS REGULATIONS.—The term ‘‘International 

Traffic in Arms Regulations’’ means those regulations contained in sections 

120–130 of title 22, Code of Federal Regulations (or successor regulations). 

(7) MISSILE TECHNOLOGY CONTROL REGIME; MTCR.—The term ‘‘Missile Technology Control Regime’’ or ‘‘MTCR’’ has the meaning given the term in section 

11B(c)(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2401b(c)(2)). 

(8) MISSILE TECHNOLOGY CONTROL REGIME ANNEX; MTCR ANNEX.—The term 

‘‘Missile Technology Control Regime Annex’’ or ‘‘MTCR Annex’’ has the meaning 

given the term in section 11B(c)(4) of the Export Administration Act of 1979 (50 

U.S.C. App. 2401b(c)(4)). 

(9) OPERATION IRAQI FREEDOM.—The term ‘‘Operation Iraqi Freedom’’ means 

operations of United States Armed Forces, the armed forces of the United Kingdom, and the armed forces of other coalition member countries initiated on or 

about March 19, 2003—

(A) to disarm Iraq of its weapons of mass destruction; 

(B) to enforce United Nations Security Council Resolution 1441 (November 8, 2002) and other relevant Security Council resolutions with respect 

to Iraq; and 

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(C) to liberate the people of Iraq from the regime of Saddam Hussein. 

(10) TECHNOLOGY.—The term ‘‘technology’’ has the meaning given the term in 

section 16(4) of the Export Administration Act of 1979 (50 U.S.C. App. 2415(4)). 

SEC. 1003. REFERENCES TO ARMS EXPORT CONTROL ACT. 

Except as otherwise specifically provided, whenever in this division an amendment is expressed in terms of an amendment to a section or other provision, the 

reference shall be considered to be made to that section or other provision of the 

Arms Export Control Act (22 U.S.C. 2751 et seq.). 

TITLE XI—TERRORIST-RELATED PROHIBITIONS AND ENFORCEMENT MEASURES 

SEC. 1101. ELIGIBILITY PROVISIONS. 

(a) INELIGIBILITY FOR TERRORIST RELATED TRANSACTIONS.—Section 3(c)(1) (22 

U.S.C. 2753(c)(1)) is amended—

(1) in each of subparagraphs (A) and (B), by striking ‘‘or any predecessor Act,’’

and inserting ‘‘, 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’’; and 

(2) by adding at the end the following: 

‘‘(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.’’. 

(b) REPORTING REQUIREMENT.—Section 3(e) (22 U.S.C. 2753(e)) is amended by inserting after ‘‘the Foreign Assistance Act of 1961,’’ the following: ‘‘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,’’. 

SEC. 1102. WEAPONS TRANSFERS TO FOREIGN PERSONS IN THE UNITED STATES. 

Section 38(a)(1) (22 U.S.C. 2778(a)(1)) is amended in the first sentence by inserting after ‘‘import and the export of defense articles and defense services’’ the following: ‘‘, 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,’’. 

SEC. 1103. COORDINATION OF LICENSE EXEMPTIONS WITH UNITED STATES LAW ENFORCEMENT AGENCIES. 

(a) SENSE OF CONGRESS.—In view of the historic difficulties in the enforcement 

of the Arms Export Control Act (22 U.S.C. 2751 et seq.) associated with violations 

involving exports of defense articles and defense services that have been exempted 

by regulation from the licensing requirements of section 38 of such Act, it is the 

sense of Congress that the establishment of new exemptions by regulation should 

only be undertaken after careful coordination with the appropriate United States 

law enforcement agencies. 

(b) AMENDMENT.—Section 38(b)(2) (22 U.S.C. 2778(b)(2)) is amended by adding at 

the end the following new sentences: ‘‘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 

59

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.’’. 

SEC. 1104. MECHANISMS TO IDENTIFY PERSONS IN VIOLATION OF CERTAIN PROVISIONS OF 

LAW. 

Section 38(g)(1)(A) (22 U.S.C. 2778(g)(1)(A)) is amended—

(1) in clause (iii)—

(A) by striking ‘‘or section 2339A’’ and inserting ‘‘, section 2339A’’; and 

(B) by inserting at the end before the comma the following: ‘‘, or section 

2339C of such title (relating to financing terrorism)’’; 

(2) in clause (x), by striking ‘‘or’’ at the end; 

(3) in clause (xi), by striking the semicolon at the end and inserting a comma; 

and 

(4) by adding at the end the following: 

‘‘(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;’’. 

SEC. 1105. COMPREHENSIVE NATURE OF UNITED STATES ARMS EMBARGOES. 

(a) FINDINGS; SENSE OF CONGRESS.—

(1) FINDINGS.—Congress finds that—

(A) governments to which the United States Government prohibits by law 

or policy the transfer of implements of war, including material, components, 

parts, and other defense articles and defense services (as defined in paragraphs (3) and (4) of section 47 of the Arms Export Control Act, respectively) continue to seek to evade these embargoes through increasingly sophisticated illegal acquisitions via the ‘‘international gray arms market’’

and by seeking to exploit weaknesses in the export control system of the 

United States and its friends and allies; and 

(B) the strict and comprehensive application of arms embargoes referred 

to in subparagraph (A) including those embargoes established by the 

United Nations Security Council is of fundamental importance to the security and foreign policy interests of the United States. 

(2) SENSE OF CONGRESS.—It is the sense of Congress that the United States 

Government should continue to provide a leadership role internationally in ensuring the effectiveness of arms embargoes referred to in paragraph (1). 

(b) SCOPE OF EMBARGOES.—Section 38 (22 U.S.C. 2778) is amended by adding at 

the end the following: 

‘‘(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.’’. 

(c) ESTABLISHMENT OF CONTROLS.—The Secretary shall consult with the Secretary 

of Commerce to ensure the establishment of appropriate foreign policy and national 

security controls and license requirements under the Export Administration Regulations in order to ensure the effective implementation of section 38(k) of the Arms 

Export Control Act, as added by subsection (b). 

(d) REPORT.—Not later than 120 days after the date of the enactment of this Act, 

the Secretary shall submit to the appropriate congressional committees a report 

that describes the actions taken to implement the requirements of subsection (c). 

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SEC. 1106. TRANSACTIONS WITH COUNTRIES SUPPORTING ACTS OF INTERNATIONAL TERRORISM. 

Section 40(l)(1) (22 U.S.C. 2780(l)(1)) is amended by striking ‘‘any item enumerated on the United States Munitions List’’ and inserting ‘‘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)’’. 

SEC. 1107. AMENDMENTS TO CONTROL OF ARMS EXPORTS AND IMPORTS. 

(a) REVISION OF STANDARD FOR VIOLATION; AMOUNT OF PENALTIES.—Section 38(c) 

(22 U.S.C. 2778(c)) is amended—

(1) by striking ‘‘willfully’’ each place it appears and inserting ‘‘knowingly’’; 

(2) by striking ‘‘this section or section 39’’ and inserting ‘‘this section, section 

39, or section 40’’; and 

(3) by striking ‘‘$1,000,000’’ and inserting ‘‘$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)’’. 

(b) CIVIL PENALTIES.—Section 38(e) (22 U.S.C. 2778(e)) is amended in the third 

sentence by striking ‘‘under this section may not exceed $500,000’’ and inserting ‘‘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)’’. 

(c) REVISION OF STANDARD FOR VIOLATION; CRIMINAL PENALTY; CIVIL PENALTIES; 

ENFORCEMENT.—Section 40 (22 U.S.C. 2780) is amended—

(1) in subsection (j)—

(A) by striking ‘‘willfully’’ and inserting ‘‘knowingly’’; and 

(B) by striking ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’; and 

(2) in subsection (k), by striking ‘‘$500,000’’ and inserting ‘‘$1,000,000’’. 

(d) DEFINITIONS.—Section 47(7) (22 U.S.C. 2794(7)) is amended to read as follows: 

‘‘(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).’’. 

SEC. 1108. HIGH RISK EXPORTS AND END USE VERIFICATION. 

Section 38(g)(7) (22 U.S.C. 2778) is amended by adding at the end the following 

new sentence: ‘‘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.’’. 

SEC. 1109. CONCURRENT JURISDICTION OF THE FEDERAL BUREAU OF INVESTIGATION. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that, in view of the responsibilities of the Federal Bureau of Investigation for protecting the United States 

against terrorist attack, foreign intelligence operations, high technology crimes, and 

transnational criminal organizations and enterprises, the Federal Bureau of Investigation should be provided authority to investigate and enforce violations of the 

Arms Export Control Act without adversely affecting the existing authority of the 

Bureau of Customs and Border Protection of the Department of Homeland Security. 

(b) COPY OF REGISTRATION.—Section 38(b)(1) (22 U.S.C. 2778(b)) is amended—

(1) by redesignating the second subparagraph (B) as subparagraph (C); and 

(2) in subparagraph (B)—

61

(A) in the first sentence, by inserting ‘‘and the Director of the Federal Bureau of Investigation’’ after ‘‘Secretary of Treasury’’; and 

(B) in the second sentence, by inserting ‘‘and the Director’’ after ‘‘The Secretary’’. 

(c) JURISDICTION OF FBI AND BUREAU OF CUSTOMS.—Section 38(e) (22 U.S.C. 

2778(e)) is amended in the first sentence by adding at the end before the period the 

following: ‘‘, 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’’. 

(d) MECHANISMS TO IDENTIFY PERSONS IN VIOLATION OF CERTAIN PROVISIONS OF

LAW.—Section 38(g) (22 U.S.C. 2778(g)) is amended in the second sentence of paragraph (3), in paragraph (4), and in paragraph (8) by inserting ‘‘and the Director of 

the Federal Bureau of Investigation’’ after ‘‘Secretary of Treasury’’. 

SEC. 1110. REPORT ON FOREIGN-SUPPLIED DEFENSE ARTICLES, DEFENSE SERVICES, AND 

DUAL USE GOODS AND TECHNOLOGY DISCOVERED IN IRAQ. 

(a) REPORT.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of 

this Act, and on annual basis thereafter as appropriate, the President shall prepare and transmit to the congressional committees specified in paragraph (2) 

a written report on foreign-supplied defense articles, defense services, and dual 

use goods and technology supplied to Iraq since the adoption of United Nations 

Security Council Resolution 687 (April 3, 1991) and discovered in Iraq since the 

inception of Operation Iraqi Freedom or identified as having been in Iraq at any 

time since April 3, 1991, and not destroyed or otherwise accounted for by the 

United Nations Special Commission (UNSCOM) or the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC). 

(2) CONGRESSIONAL COMMITTEES SPECIFIED.—The congressional committees 

referred to in paragraph (1) are—

(A) the Committee on International Relations and the Committee on 

Armed Services of the House of Representatives; and 

(B) the Committee on Foreign Relations and the Committee on Armed 

Services of the Senate. 

(b) CONTENTS.—The report required by subsection (a) shall include information on 

defense articles, defense services, and dual use goods and technology discovered in 

accordance with such subsection, including a description of such articles, services, 

and goods and technology by category or type, quantity, country of origin (if known), 

manufacturer (if known), date of acquisition (if known), and, in the case of dual use 

goods and technology, the use or intended use or deployment (if known) and whether the goods or technology are covered by any arms control agreement or nonproliferation arrangement to which the United States is a party. 

(c) FORM.—The report required by subsection (a) shall be transmitted in unclassified form to the maximum extent practicable, but may contain a classified annex 

if necessary. 

TITLE XII—STRENGTHENING MUNITIONS 

EXPORT CONTROLS 

SEC. 1201. CONTROL OF ITEMS ON MISSILE TECHNOLOGY CONTROL REGIME ANNEX. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that all proposals to export 

or transfer to foreign persons by other means, whether in the United States or 

abroad, and any other activities subject to regulation under section 38, 39, or 40 of 

the Arms Export Control Act, relating to items on the Missile Technology Control 

Regime Annex, should be accorded stringent control and scrutiny consistent with 

the purposes of section 71 of the Arms Export Control Act (22 U.S.C. 2797). 

(b) CONTROL OF ITEMS ON MTCR ANNEX.—The Secretary, in coordination with the 

Secretary of Commerce, the Attorney General, and the Secretary of Defense, shall 

ensure that all items on the MTCR Annex are subject to stringent control by the 

United States Government pursuant to the International Traffic in Arms Regulations and the Export Administration Regulations. 

(c) CERTIFICATION.—Not later than March 1 of each year, the Secretary, in coordination with the Secretary of Commerce, the Attorney General and the Secretary of 

Defense, shall prepare and submit to the appropriate congressional committees a report that contains—

(1) a certification that the requirement of subsection (b) has been met for the 

prior year, or if the requirement has not been met, the reasons therefor; and 

62

(2) a description of the updated coverage, if any, of the regulations referred 

to in subsection (b) with respect to all items on the MTCR Annex and an explanation of any areas of overlap or omissions, if any, among the regulations. 

SEC. 1202. CERTIFICATIONS RELATING TO EXPORT OF CERTAIN DEFENSE ARTICLES AND 

SERVICES. 

Section 36(c) (22 U.S.C. 2776(c)) is amended—

(1) in the first sentence of paragraph (1), by inserting after ‘‘$1,000,000 or 

more’’ the following: ‘‘, 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’’; 

(2) in paragraph (2)—

(A) by striking subparagraph (B); and 

(B) by redesignating subparagraph (C) as subparagraph (B); and 

(3) in the matter preceding subparagraph (A) of paragraph (5), by inserting 

‘‘or paragraph (2)’’ after ‘‘paragraph (1)’’. 

SEC. 1203. NOTIFICATION REQUIREMENTS FOR TECHNICAL ASSISTANCE AND MANUFACTURING LICENSING AGREEMENTS WITH NATO MEMBER COUNTRIES, AUSTRALIA, 

NEW ZEALAND, AND JAPAN. 

Section 36(d) (22 U.S.C. 2776(d)) is amended by adding at the end the following: 

‘‘(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. 1204. STRENGTHENING DEFENSE COOPERATION WITH AUSTRALIA AND THE UNITED 

KINGDOM. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that the expeditious consideration of munitions license applications that meet the policy and eligibility criteria 

established in section 38 of the Arms Export Control Act (22 U.S.C. 2778) for export 

or transfer of defense items (as such term is defined in subsection (j)(4)(A) of such 

section) to Australia and the United Kingdom is fully consistent with United States 

security and foreign policy interests and the objectives of world peace and security. 

(b) ESTABLISHMENT OF FAST TRACK MUNITIONS LICENSING FOR AUSTRALIA AND

THE UNITED KINGDOM.—Section 38(f) (22 U.S.C. 2778(f)) is amended by adding at 

the end the following: 

‘‘(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.’’. 

SEC. 1205. TRAINING AND LIAISON FOR SMALL BUSINESSES. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that it is increasingly important that the Secretary, in administering the licensing, registration, compliance, and 

other authorities contained in section 38 of the Arms Export Control Act (22 U.S.C. 

63

2778), should provide up-to-date training and other educational assistance to small 

businesses in the United States aerospace and defense industrial sector. 

(b) SMALL BUSINESS LIAISON.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall designate, within the Office of Defense Trade 

Controls of the Department of State, a coordinator for small business affairs. The 

coordinator shall serve as a liaison for small businesses in the United States aerospace and defense industrial sector with respect to licensing and registration requirements in order to facilitate the compliance and other forms of participation by 

such small businesses in the United States munitions control system, including by 

providing training, technical assistance, and through other efforts as may be appropriate. 

SEC. 1206. STUDY AND REPORT RELATING TO CO-LOCATING MUNITIONS CONTROL FUNCTIONS OF THE DEPARTMENTS OF STATE, DEFENSE, AND HOMELAND SECURITY. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that the administrative, licensing, and compliance-related functions associated with the export of defense articles and defense services under section 38 of the Arms Export Control Act (22 

U.S.C. 2778), which are generally administered by the Department of State in conjunction with the Department of Homeland Security and the Department of Defense, should be expedited consistent with United States security, law enforcement, 

and foreign policy requirements by a reduction in the those matters necessitating 

inter-agency referral outside of the Department of State, or by co-locating related 

functions of the Department of Homeland Security and the Department of Defense 

with those functions of the Department of State in order to minimize the time and 

administrative tasks to government and industry involved in inter-agency referrals, 

while also providing a convenient, central location for United States defense companies, especially small businesses. 

(b) STUDY AND REPORT.—

(1) STUDY.—The Secretary, in consultation with the Secretary of Homeland 

Security and the Secretary of Defense, and through the Federal advisory committee structure with the public, shall conduct a study to examine the relative 

advantages and disadvantages to the United States Government, the United 

States defense industry, including United States small businesses, and to other 

public constituencies of co-locating relevant functions and personnel of the Department of State, the Department of Homeland Security, and the Department 

of Defense with the Office of Defense Trade Controls of the Department of State 

at a central location convenient to the public and United States defense industry, without prejudice to the responsibilities and prerogatives of the Secretary, 

the Secretary of Homeland Security, and the Secretary of Defense under existing law. 

(2) REPORT.—Not later than 180 days after the date of the enactment of this 

Act, the Secretary shall prepare and submit to the appropriate congressional 

committees a report that contains the results of study conducted under paragraph (1). 

TITLE XIII—SECURITY ASSISTANCE AND 

RELATED PROVISIONS 

Subtitle A—Foreign Military Sales and Financing 

Authorities 

SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the President for grant assistance 

under section 23 of the Arms Export Control Act (22 U.S.C. 2763) and for the subsidy cost, as defined in section 502(5) of the Federal Credit Reform Act of 1990, of 

direct loans under such section $4,414,000,000 for fiscal year 2004. 

SEC. 1302. PROVISION OF CATALOGING DATA AND SERVICES. 

Section 21(h)(2) (22 U.S.C. 2761(h)(2)) is amended by striking ‘‘or to any member 

government of that Organization if that Organization or member government’’ and 

inserting ‘‘, 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’’. 

SEC. 1303. ANNUAL ESTIMATE AND JUSTIFICATION FOR SALES PROGRAM. 

Section 25(a)(1) (22 U.S.C. 2765(a)(1)) is amended by inserting after ‘‘$7,000,000 

or more’’ the following ‘‘(or, in the case of a member country of the North Atlantic 

64

Treaty Organization (NATO), Australia, New Zealand, or Japan, $25,000,000 or 

more)’’. 

SEC. 1304. ADJUSTMENT TO ADVANCE NOTIFICATION REQUIREMENT FOR TRANSFER OF CERTAIN EXCESS DEFENSE ARTICLES. 

Section 516(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321i) is amended by striking ‘‘significant military equipment (as defined in section 47(9) of the 

Arms Export Control Act)’’ and inserting ‘‘major defense equipment (as defined in 

section 47(6) of the Arms Export Control Act)’’. 

Subtitle B—International Military Education and 

Training 

SEC. 1311. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the President $91,700,000 for fiscal 

year 2004 to carry out chapter 5 of part II of the Foreign Assistance Act of 1961 

(22 U.S.C. 2347 et seq.). 

SEC. 1312. ANNUAL FOREIGN MILITARY TRAINING REPORTING. 

Section 656(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2416(a)(1)) is 

amended—

(1) by striking ‘‘January 31’’ and inserting ‘‘March 1’’; and 

(2) by striking ‘‘and all such training proposed for the current fiscal year’’. 

Subtitle C—Assistance for Select Countries 

SEC. 1321. ASSISTANCE FOR ISRAEL. 

Section 513 of the Security Assistance Act of 2000 (Public Law 106–280) is 

amended—

(1) in subsection (b)(1), by striking ‘‘2002 and 2003’’ and inserting ‘‘2003 

through 2005’’; 

(2) in subsection (c)(1), by striking ‘‘2002 and 2003’’ and inserting ‘‘2003 

through 2005’’; 

(3) in subsection (c)(3)—

(A) by striking ‘‘fiscal years 2002 and 2003’’ and inserting ‘‘fiscal years 

2004 and 2005’’; 

(B) by striking ‘‘fiscal year 2002’’ and inserting ‘‘fiscal year 2004’’; and 

(C) by striking ‘‘fiscal year 2003, or’’ and inserting ‘‘fiscal year 2005, or’’; 

and 

(4) in subsection (c)(4)—

(A) by striking ‘‘2002 and 2003’’ and inserting ‘‘2003 through 2005’’; and 

(B) by striking ‘‘$535,000,000 for fiscal year 2002’’ and all that follows 

through ‘‘fiscal year 2003’’ and inserting ‘‘$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’’. 

SEC. 1322. ASSISTANCE FOR EGYPT. 

Section 514 of the Security Assistance Act of 2000 (Public Law 106–280) is 

amended—

(1) by striking ‘‘2002 and 2003’’ each place it appears and inserting ‘‘2003 

through 2005’’; and 

(2) in subsection (e)—

(A) by striking ‘‘fiscal years 2002 and 2003’’ and inserting ‘‘fiscal years 

2004 and 2005’’; 

(B) by striking ‘‘fiscal year 2002’’ and inserting ‘‘fiscal year 2004’’; and 

(C) by striking ‘‘fiscal year 2003, or’’ and inserting ‘‘fiscal year 2005, or’’. 

Subtitle D—Miscellaneous Provisions 

SEC. 1331. UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES. 

Section 514(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)) is 

amended—

(1) in subparagraph (A), by striking ‘‘for fiscal year 2003’’ and inserting ‘‘for 

each of fiscal years 2003 and 2004’’; and 

65

(2) in subparagraph (B), by striking ‘‘for fiscal year 2003’’ and inserting ‘‘for 

each of fiscal years 2003 and 2004’’. 

SEC. 1332. TRANSFER TO ISRAEL OF CERTAIN DEFENSE ARTICLES IN THE UNITED STATES 

WAR RESERVE STOCKPILES FOR ALLIES. 

(a) AUTHORIZATION.—Notwithstanding section 514 of the Foreign Assistance Act 

of 1961 (22 U.S.C. 2321h), the President is authorized to transfer to Israel, in return 

for concessions to be negotiated by the Secretary of Defense, with the concurrence 

of the Secretary, defense articles, including armor, artillery, ammunition for automatic weapons, missiles, and other munitions that are— (1) obsolete or surplus items; 

(2) in the inventory of the Department of Defense; 

(3) intended for use as reserve stocks in Israel; and 

(4) are located in a stockpile in Israel as of the date of enactment of this Act. 

(b) CONCESSIONS.—The value of concessions negotiated pursuant to subsection (a) 

shall be at least equal to the fair market value of the items transferred. The concessions may include cash compensation, services, waiver of charges otherwise payable 

by the United States, and other items of value. 

(c) ADVANCE NOTIFICATION OF TRANSFER.— (1) IN GENERAL.—Not less than 30 days before making a transfer under the 

authority of this section, the President shall transmit a notification describing 

the items to be transferred to Israel and the concessions to be received by the 

United States to the congressional committees specified in paragraph (2). 

(2) CONGRESSIONAL COMMITTEES SPECIFIED.—The congressional committees 

referred to in paragraph (1) are— (A) the Committee on International Relations and the Committee on 

Armed Services of the House of Representatives; and 

(B) the Committee on Foreign Relations and the Committee on Armed 

Services of the Senate. 

(d) EXPIRATION OF AUTHORITY.—No transfer may be made under the authority of 

this section following the expiration of the five-year period beginning on the date 

of enactment of this Act. 

SEC. 1333. EXPANSION OF AUTHORITIES FOR LOAN OF MATERIAL, SUPPLIES, AND EQUIPMENT FOR RESEARCH AND DEVELOPMENT PURPOSES. 

Section 65 (22 U.S.C. 2796d) is amended— (1) in subsection (a)(1), by inserting ‘‘or a friendly foreign country’’ after ‘‘ally’’ each place such term appears; and 

(2) in subsection (d) to read as follows: ‘‘(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.’’. 

SEC. 1334. ASSISTANCE FOR DEMINING AND RELATED ACTIVITIES. 

(a) ASSISTANCE.—The Secretary is authorized to provide grants to, or enter into 

contracts or cooperative agreements with, public-private partnerships for the purpose of establishing and carrying out demining, clearance of unexploded ordnance, 

and related activities in foreign countries. 

(b) LIMITATION.—Except as otherwise provided, the total amount provided on a 

grant basis to public-private partnerships under subsection (a) for a fiscal year may 

not exceed $450,000. 

(c) FUNDING.—Amounts made available to carry out ‘‘Nonproliferation, Anti-Terrorism, Demining, and Related Programs’’ for fiscal year 2004 are authorized to be 

made available to carry out this section. 

SEC. 1335. REPORTS RELATING TO TREATY BETWEEN THE UNITED STATES AND THE RUSSIAN 

FEDERATION ON STRATEGIC OFFENSIVE REDUCTIONS. 

The President shall submit to the Committee on International Relations of the 

House of Representatives all reports submitted to the Committee on Foreign Relations pursuant to section 2 of the Senate Resolution of Ratification to Accompany 

Treaty Document 107–8, Treaty Between the United States of America and the Russian Federation on Strategic Offensive Reductions. 

SEC. 1336. STATEMENT OF HOUSE OF REPRESENTATIVES REGARDING THE TREATY BETWEEN 

THE UNITED STATES AND THE RUSSIAN FEDERATION ON STRATEGIC OFFENSIVE 

REDUCTIONS. 

The House of Representatives—

(1) concurs with the declarations of the Senate in section 3 of the Resolution of Ratification to Accompany Treaty Document 107–8, Treaty Between 

66

the United States of America and the Russian Federation on Strategic Offensive Reductions; 

(2) encourages the President to continue strategic offensive reductions to 

the lowest possible levels consistent with national security requirements 

and alliance obligations of the United States; 

(3) urges the President to engage the Russian Federation with the objectives of establishing cooperative measures to give each party to the Treaty 

Between the United States of America and the Russian Federation on Strategic Offensive Reductions improved confidence regarding the accurate accounting and security of nonstrategic nuclear weapons maintained by the 

other party; and 

(4) encourages the President to accelerate United States strategic force 

reductions, to the extent feasible and consistent with the treaty, in order 

that the reductions required by Article I of the Treaty Between the United 

States of America and the Russian Federation on Strategic Offensive Reductions may be achieved prior to December 31, 2012. 

SEC. 1337. NONPROLIFERATION AND DISARMAMENT FUND. 

(a) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated to the President to 

carry out section 504 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5854; relating to the 

‘‘Nonproliferation and Disarmament Fund’’) $60,000,000 for each of the fiscal 

years 2004 and 2005. 

(2) AVAILABILITY.—Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. 

(b) NONPROLIFERATION OF HIGHLY ENRICHED URANIUM.—

(1) FINDINGS.—Congress finds the following: 

(A) Highly enriched uranium is the most likely source material for terrorist or other outlaw organizations that seek to acquire a nuclear weapon. 

(B) Such organizations are not likely to produce this source material on 

their own, but will instead look to divert highly enriched uranium from 

some of the many vulnerable stockpiles in numerous facilities around the 

world. 

(C) There is a need for a coordinated United States Government initiative 

to secure and dispose of highly enriched uranium stockpiles in these vulnerable facilities around the world. 

(D) The Nonproliferation and Disarmament Fund (NDF) is a unique and 

flexible entity that is well-suited to carry out the initiative described in subparagraph (C), in cooperation with other Federal departments and agencies, 

including the Department of Energy. 

(2) INITIATIVE.—The Secretary of State is authorized to establish and carry 

out an initiative to secure and dispose of highly enriched uranium stockpiles in 

foreign countries, including the provision of such assistance as may be required 

to secure host country cooperation under the initiative. 

(3) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts made available to 

carry out section 504 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5854) for fiscal years 

2004 and 2005, there are authorized to be appropriated to the Secretary to 

carry out paragraph (2) $25,000,000 for each such fiscal year. 

SEC. 1338. MARITIME INTERDICTION PATROL BOATS FOR MOZAMBIQUE. 

(a) IN GENERAL.—Of the amounts made available to carry out section 23 of the 

Arms Export Control Act for fiscal year 2004, there is authorized to be appropriated 

$1,000,000 for refurbishment, delivery, operational training, and related costs associated with the provision of not more than four excess coastal patrol boats to the 

Government of Mozambique for maritime patrol and interdiction activities. 

(b) AVAILABILITY.—Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until September 

30, 2006. 

SEC. 1339. REPORT ON MISSILE DEFENSE COOPERATION. 

Not later than December 31, 2003, and December 31, 2004, the Secretary of State 

shall submit to the appropriate congressional committees a report on cooperative efforts that have been undertaken by the United States with foreign governments to 

foster the development and deployment of defenses against missile attack. Such report shall include a detailed description of such efforts on a country-by-country 

basis, and may be submitted in classified and unclassified form, as appropriate. 

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SEC. 1340. IRAN’S PROGRAM TO DEVELOP A NUCLEAR EXPLOSIVE DEVICE. 

(a) FINDINGS.—Congress finds the following: 

(1) Iran, as a party to the Treaty on the Non-Proliferation of Nuclear Weapons, has legally forsworn developing or acquiring nuclear weapons. 

(2) Iran has for more than a decade pursued a program aimed at the development of a nuclear explosive device. 

(3) Director of Central Intelligence George Tenet has repeatedly warned of 

Iran’s clandestine efforts to acquire weapons of mass destruction, stating as recently as February 11, 2003, in testimony before Congress that ‘‘Iran is continuing to pursue development of a nuclear fuel cycle for civilian and nuclear 

weapons purposes . . . [and further that] Tehran may be able to indigenously 

produce enough fissile material for a nuclear weapon’’ within this decade. 

(4) On March 17, 2003, Dr. el Baradei, Director General of the International 

Atomic Energy Agency (IAEA), called on Iran to agree to a more intrusive monitoring regime at its nuclear sites and demanded that Iran, which is a signatory 

to the Nuclear Non-Proliferation Treaty, agree to an ‘‘additional protocol’’ under 

the IAEA’s nuclear inspection rights, which would enable more intrusive monitoring. 

(5) In early 2003 Iran announced plans to mine its own natural uranium and 

admitted constructing two nuclear facilities, one a gas centrifuge uranium enrichment facility and the other a heavy water production plant. 

(6) A uranium enrichment facility would give Iran the capability to indigenously produce nuclear-weapons grade uranium. Further, heavy water is used 

in reactors that not only produce weapons-grade plutonium, but also tritium, a 

key ingredient in boosted-fission weapons. 

(7) At the same time, Iran has been developing long-range missiles that could 

deliver nuclear explosive devices. Director of Central Intelligence Tenet has 

warned that Iran could flight test an intercontinental ballistic missile later this 

decade. 

(8) Iran has received considerable assistance in its nuclear program and in 

its missile development program from the Russian Federation, the People’s Republic of China, and North Korea. 

(9) Congress has long been seized with finding ways to deter or delay Iran’s 

acquisition or development of such deadly weapons, including through the enactment of the Iran-Iraq Arms Non-Proliferation Act of 1992, the Iran Libya 

Sanctions Act of 1996, the Iran Non-Proliferation Act of 2000, and the Iran Nuclear Proliferation Prevention Act of 2002. 

(10) Successive Administrations have similarly sought to deter or delay Iran’s 

acquisition or development of such weapons by such measures as elevating 

Iran’s proliferation behavior in bilateral relations with the Russian Federation 

and the People’s Republic of China, sanctioning entities of the Russian Federation providing technology or expertise to Iran’s nuclear and missile programs, 

and urging multilateral export control regimes to deny sensitive technology to 

proliferators like Iran. 

(11) President Bush included Iran as one of the countries that comprise the 

‘‘axis of evil’’ in his January 2002 State of the Union Address because of its efforts to develop weapons of mass destruction and its support of international 

terrorism. Iran has been the principle supporter and supplier to Hizballah in 

southern Lebanon, Hamas, and Islamic Jihad. Further, the leaders of Iran have 

publicly called for the destruction of the State of Israel. 

(12) A nuclear-armed Iran would pose a grave threat to the national security 

of the United States and to our allies in the region. 

(b) STATEMENT OF POLICY.—Congress—

(1) finds that Iran’s support of terrorism and its efforts to develop nuclear 

weapons are a grave threat to the national security of the United States and 

its allies and to the United States Armed Forces; 

(2) declares that the United States and our friends and allies must make 

maximum efforts to prevent Iran from developing or acquiring nuclear weapons 

and the missiles to deliver them; 

(3) urges the President to use all appropriate means to prevent Iran from 

gaining such capabilities; 

(4) urges the International Atomic Energy Agency (IAEA) to employ the full 

range of its inspection authorities to ensure that Iran’s nuclear program is used 

for peaceful purposes only; 

(5) encourages Iran to sign and ratify the new nuclear safeguards protocol, 

the ‘‘Model Additional Protocol (INFCIRC/540-Corr)’’ to the Treaty on the NonProliferation of Nuclear Weapons, which would demonstrate Iran’s commitment 

to sharing information about its nuclear program with the IAEA and the interVerDate Jan 31 2003 01:42 May 18, 2003 Jkt 019006 PO 00000 Frm 00067 Fmt 6659 Sfmt 6621 E:\HR\OC\HR105P1.XXX HR105P1
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national community and to full disclosure and transparency about its nuclear 

program; and 

(6) urges the United States resident representative to the IAEA to work with 

the Board of Governors of the IAEA on guidelines for early identification of noncompliance with the Nuclear Non-Proliferation Treaty. 

TITLE XIV—MISSILE THREAT REDUCTION ACT 

OF 2003

SEC. 1401. SHORT TITLE. 

This title may be cited as the ‘‘Missile Threat Reduction Act of 2003’’. 

Subtitle A—Strengthening International Missile 

Nonproliferation Law 

SEC. 1411. FINDINGS. 

Congress makes the following findings: 

(1) The spread of offensive ballistic missiles suitable for launching nuclear, 

chemical, and biological warheads is accelerating across the globe. 

(2) According to the Carnegie Endowment for International Peace, more than 

25 countries possess missiles with ranges in excess of 300 kilometers and capable of delivering a nuclear warhead. 

(3)(A) Many of the countries now possessing such missiles, and engaging in 

the sale and transfer of such missiles and their production technology to other 

countries, are directly hostile to the United States, its interests, and its allies. 

(B) Of particular concern in this regard is North Korea, which regularly sells 

ballistic missiles and technology to countries in regions of instability and concern to the United States. 

(4) The Central Intelligence Agency has stated in its most recent report on 

the foreign ballistic missile threat the following: 

‘‘Emerging ballistic missile states continue to increase the range, reliability, and accuracy of the missile systems in their inventories—posing 

ever greater risks to U.S. forces, interests, and allies throughout the world. 

A decade ago, U.S. and allied forces abroad faced threats from SRBM’s 

[Short Range Ballistic Missiles]—primarily the Scud and its variants. 

Today, countries have deployed or are on the verge of deploying MRBM’s 

[Medium Range Ballistic Missiles], placing greater numbers of targets at 

risk. 

‘‘Proliferation of ballistic missile-related technologies, materials, and expertise—especially by Russian, Chinese, and North Korean entities—has 

enabled emerging missile states to accelerate the development timelines for 

their existing programs, acquire turnkey systems to gain previously non-existent capabilities—in the case of the Chinese sale of the M–11 SRBM to 

Pakistan—and lay the groundwork for the expansion of domestic infrastructures to potentially accommodate even more capable and longer range future systems.’’. 

(5) The same CIA report also noted the following: ‘‘North Korea has assumed 

the role as the missile and manufacturing technology source for many programs. North Korean willingness to sell complete systems and components has 

enabled other states to acquire longer range capabilities earlier than otherwise 

would have been possible—notably the sale of the No Dong MRBM to Pakistan. 

The North also has helped countries to acquire technologies to serve as the 

basis for domestic development efforts—as with Iran’s reverse-engineering of 

the No Dong in the Shahab-3 program. Meanwhile, Iran is expanding its efforts 

to sell missile technology.’’. 

(6) Since 1987, 33 countries have committed to abide by a voluntary set of 

guidelines known as the Missile Technology Control Regime (MTCR), whereby 

adherents agreed to refrain from the transfer to nonadherents of certain categories of whole missiles, their constituent parts, and the facilities to manufacture them, especially ‘‘Category I’’ missiles, which at a range of 300 kilometers 

or more and a payload capacity of 500 kilograms or more are especially suited 

for delivering nuclear weapons. 

(7) In October 2002, 93 countries committed to observe a nonbinding code of 

conduct derived from, but less restrictive than, the nonbinding MTCR. While 

69

this is a welcome achievement, it does not provide a legal obligation on its adherents to refrain from the trade in missiles or missile technology. 

(8) On December 10, 2002, the White House released its ‘‘National Strategy 

to Combat Weapons of Mass Destruction’’, wherein it is stated that strengthening international nonproliferation controls on weapons of mass destruction 

(WMD) and upon the missiles that can deliver them is the second of three principal pillars of the National Strategy. The National Strategy also states that ‘‘effective interdiction is a critical part of the U.S. strategy to combat WMD and 

their delivery means’’. 

(9) On December 11, 2002, the United States took control of an unflagged 

freighter that was attempting clandestinely to ship, from North Korea to 

Yemen, SCUD missiles of a type that would be generally prohibited from transfer as Category I missiles. 

(10) Neither North Korea nor Yemen is an adherent to the MTCR guidelines, 

which in any case are not legally binding, and there is no binding international 

legal instrument that would prohibit shipments of the missiles referred to in 

paragraph (9). 

(11) At Yemen’s request, the United States released the shipment of North 

Korean Scud missiles to Yemen. 

(12) Also on December 11, 2002, the White House press spokesman stated 

that existing international law regarding halting the spread of missile proliferation could be strengthened. The new National Strategy to Combat Weapons of 

Mass Destruction also commits the United States to support those regimes that 

are currently in force, and to work to improve the effectiveness of, and compliance with, those regimes, and identifies the MTCR as a regime that the United 

States will seek to strengthen. 

(13) Secretary of Defense Donald Rumsfeld, testifying on February 12, 2003, 

before the Committee on Armed Services of the Senate, stated the following: 

‘‘. . . [I]t’s pretty clear that the proliferation regimes that exist in the world 

worked pretty well before, [but] they’re not working very well right now. . . . 

[U]nless the world wakes up and says this is a dangerous thing and creates a 

set of regimes that will in fact get cooperation to stop those weapons, we’re 

going to be facing a very serious situation in the next five years.’’. 

(14) The MTCR has made an invaluable contribution to restraint in the international trade of offensive ballistic missiles. Strengthening international controls on ballistic missiles, however, will require a dramatic expansion of adherents that rigorously abide by the MTCR’s guidelines, and a binding legal basis 

for the United Nations and countries devoted to nonproliferation to prevent, and 

when necessary act to prevent, further proliferation of offensive ballistic missiles around the world. 

(15) Therefore, it should be the policy of the United States to promote the creation of new international mechanisms that would, in all future circumstances, 

allow the peace-loving and law-abiding nations of the world the authority to 

interdict and prevent the transfer of such missiles. 

SEC. 1412. POLICY OF THE UNITED STATES. 

It shall be the policy of the United States to seek a binding international instrument or instruments to restrict the trade in offensive ballistic missiles with ranges 

of 300 kilometers or more that have a payload capacity of 500 kilograms or more. 

Such a binding international instrument may take the form of a multilateral treaty, 

a United Nations Security Council resolution, or other instrument of international 

law, and should provide for enforcement measures including interdiction, seizure, 

and impoundment of illicit shipments of offensive ballistic missiles and related technology, equipment, and components. 

SEC. 1413. SENSE OF CONGRESS. 

It is the sense of the Congress that the United States should immediately introduce a resolution in the United Nations Security Council to prohibit all members 

of the United Nations from purchasing, receiving, assisting or allowing the transfer 

of, and to authorize the subsequent interdiction, seizure, and impoundment of, any 

missile, missile-related equipment, means of producing missiles, or missile-related 

technology from North Korea. 

70

Subtitle B—Strengthening United States Missile 

Nonproliferation Law 

SEC. 1421. PROBATIONARY PERIOD FOR FOREIGN PERSONS. 

(a) IN GENERAL.—Notwithstanding any other provision of law, upon the expiration, or the granting of a waiver, on or after January 1, 2003, of sanctions against 

a foreign person imposed under section 73(a) of the Arms Export Control Act (22 

U.S.C. 2797b(a)) or under section 11B(b)(1) of the Export Administration Act of 1979 

(50 U.S.C. App. 2410b(b)(1)), as continued in effect under the International Emergency Economic Powers Act, a license shall be required, for a period of not less than 

3 years, for the export to that foreign person of all items controlled for export under 

section 5 or 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2404, 2405), 

as continued in effect under the International Emergency Economic Powers Act, in 

accordance with the Export Administration Regulations. 

(b) TERMINATION.—Subsection (a) shall not apply to a foreign person 30 days after 

the President notifies the Committee on International Relations of the House of 

Representatives and the Committee on Banking, Housing, and Urban Affairs and 

the Committee on Foreign Relations of the Senate that he has determined that—

(1) the foreign person has—

(A) ceased all activity related to the original imposition of sanctions 

under section 73(a) of the Arms Export Control Act or section 11B(b)(A) of 

the Export Administration Act of 1979, as the case may be; and 

(B) has instituted a program of transparency measures whereby the 

United States will be able to verify for at least a period of 3 years that the 

foreign person is not engaging in prohibited activities under those provisions of law referred to in paragraph (1); and 

(2) there has been an appropriate resolution of the original violation or violations, such as financial penalties, incarceration, destruction of prohibited items, 

or other appropriate measures taken to prevent a recurrence of the violation or 

violations. 

SEC. 1422. STRENGTHENING UNITED STATES MISSILE PROLIFERATION SANCTIONS ON FOREIGN PERSONS. 

(a) ARMS EXPORT CONTROL ACT.—Section 73(a)(2) (22 U.S.C. 2797b(a)(2)) is 

amended by striking ‘‘2 years’’ each place it appears and inserting ‘‘4 years’’. 

(b) PUBLIC INFORMATION.—Section 73(e)(2) (22 U.S.C. 2797b(e)(2)) is amended by 

adding at the end the following new sentence: ‘‘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.’’. 

(c) EXPORT ADMINISTRATION ACT OF 1979.—Any sanction imposed on a foreign 

person under section 11B(b)(1) of the Export Administration Act of 1979 (50 U.S.C. 

App. 2410b(b)(1)), as continued in effect under the International Emergency Economic Powers Act, shall be in effect for a period of 4 years beginning on the date 

on which the sanction was imposed. 

(d) APPLICABILITY.—The amendments made by subsections (a) and (b) and the 

provisions of subsection (c) shall apply to all sanctions imposed under section 73(a) 

of the Arms Export Control Act or section 11B(b)(1) of the Export Administration 

Act of 1979, as continued in effect under the International Emergency Economic 

Powers Act, by reason of acts giving rise to such sanctions that were committed by 

foreign persons on or after January 1, 2003. 

SEC. 1423. COMPREHENSIVE UNITED STATES MISSILE PROLIFERATION SANCTIONS ON ALL 

RESPONSIBLE PERSONS. 

(a) ARMS EXPORT CONTROL ACT.—Section 73(a) (22 U.S.C. 2797b(a)) is amended 

by adding at the end the following new paragraph: 

‘‘(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. 

71

‘‘(C) The President may also prohibit, for such period of time as he may determine, any transaction or dealing, by a United States 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.’’. 

(b) DEFINITION OF PERSON.—Section 74(a)(8)(A) (22 U.S.C. 2797c(a)(8)(A)) is 

amended to read as follows: 

‘‘(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’’. 

(c) EXPORT ADMINISTRATION ACT OF 1979.—

(1) SANCTIONS IMPOSED ON GOVERNMENT ENTITIES.—Any sanction imposed on 

a foreign person under section 11B(b)(1)(B) of the Export Administration Act of 

1979 (50 U.S.C. App. 2410b(b)(1)(B)), as continued in effect under the International Emergency Economic Powers Act (in this subsection referred to as a 

‘‘dual use sanction’’), 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. 

(2) OTHER ENTITIES.—When a dual use sanction is imposed on a foreign person, 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 dual use 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. 

(3) TRANSACTIONS BY THIRD PARTIES.—The President may also prohibit, for 

such period of time as he may determine, any transaction or dealing, by a 

United States person or within the United States, with any foreign person on 

whom dual use sanctions have been imposed. 

(4) REPORT.—The President shall submit on an annual basis to the appropriate congressional committees a report that contains the identity of any foreign person that engages in any transaction or activity with a foreign person 

on whom dual use sanctions have been imposed that either—

(A) would be the basis for imposing dual use sanctions under paragraph 

(2) but for which such sanctions have not been imposed; or 

(B) would be the basis for imposing dual use sanctions under paragraph 

(3) 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. 

(5) DEFINITIONS.—In this subsection: 

(A) PERSON.—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). 

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(B) In the case of countries where it may be impossible to identify a specific governmental entity referred to in subparagraph (A), the term ‘‘person’’

means—

(i) all activities of that government relating to the development or 

production of any missile equipment or technology; and 

(ii) all activities of that government affecting the development or production of aircraft, electronics, and space systems or equipment. 

(C) UNITED STATES PERSON.—The term ‘‘United States person’’ has the 

meaning given that term in section 16(2) of the Export Administration Act 

of 1979 (50 U.S.C. App. 2415(2)). 

(D) MISSILE EQUIPMENT OR TECHNOLOGY.—The term ‘‘missile equipment 

or technology’’ has the meaning given that term in section 11B(c) of the Export Administration Act of 1979 (50 U.S.C. App. 2410b(c)). 

(d) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall 

apply with respect to sanctions imposed on or after January 1, 2003, on foreign persons under section 73(a)(2) of the Arms Export Control Act, and the provisions of 

subsection (c) shall apply with respect to sanctions imposed on or after January 1, 

2003, on foreign persons under section 11B(b) of the Export Administration Act of 

1979 (50 U.S.C. App. 2410b(b)), as continued in effect under the International Emergency Economic Powers Act. 

Subtitle C—Incentives for Missile Threat 

Reduction 

SEC. 1431. FOREIGN ASSISTANCE. 

(a) TYPES OF ASSISTANCE.—The President is authorized to provide, on such terms 

as the President deems appropriate, the following assistance to countries that agree 

to destroy their ballistic missiles, and their facilities for producing ballistic missiles, 

that have a payload capacity of 500 kilograms or more over a distance of 300 kilometers or more: 

(1) Assistance under section 23 of the Arms Export Control Act (22 U.S.C. 

2763). 

(2) Assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 

(22 U.S.C. 2346 et seq.), notwithstanding section 531(e) or 660(a) of that Act 

(22 U.S.C. 2346(e) or 2420(a)). 

(3) Drawdown of defense articles, defense services, and military education and 

training under section 506 of the Foreign Assistance Act of 1961 (22 U.S.C. 

2318). 

(b) CONGRESSIONAL NOTIFICATION.—Assistance authorized under subsection (a) 

may not be provided until 30 days after the date on which the President has provided notice thereof to the appropriate congressional committees in accordance with 

the procedures applicable to reprogramming notifications under section 634A(a) of 

the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1(a)). 

(c) LIMITATION.—Any assistance provided to a country under subsection (a) may 

not be provided in more than 3 fiscal years. 

SEC. 1432. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION.—There is authorized to be appropriated to the President to 

carry out section 1431 the sum of $250,000,000. 

(b) AVAILABILITY.—Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended. 

SEC. 1433. AUTHORIZATION OF TECHNICAL ASSISTANCE IN MISSILE DISARMAMENT. 

The President is authorized to provide technical assistance in the destruction of 

any missile or facility for producing ballistic missiles, in any country that requests 

such assistance.

TITLE XV—EXPORTS OF SATELLITES 

SEC. 1501. EXPORT CONTROLS ON SATELLITES AND RELATED ITEMS. 

Notwithstanding any other provision of law, in the case of the export of commercial communications satellites and related items to a country that is a member of 

the North Atlantic Treaty Organization or that is a major non-NATO ally of the 

United States, the President may determine to what extent, and under which provisions of law, such export may be controlled. 

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SEC. 1502. MANDATORY REVIEW BY DEPARTMENT OF STATE. 

(a) CERTAIN DEFENSE SERVICES.—The provision of defense services by United 

States persons, including services or assistance provided during technical interchange meetings, in connection with the launch of a satellite from, or by nationals 

of, the People’s Republic of China, are subject to section 38 of the Arms Export Control Act. 

(b) NOTIFICATION TO CONGRESS.—At least 30 days before any export license or any 

technical assistance agreement is approved under subsection (a), the President shall 

transmit a certification with respect to such export license or technical assistance 

agreement in the manner provided in section 36(d) of the Arms Export Control Act, 

to the Speaker of the House of Representatives and the chairman of the Committee 

on Foreign Relations of the Senate. The export license or technical assistance agreement shall not be approved if the Congress, within that 30-day period, enacts a joint 

resolution prohibiting such approval. The provisions of section 36(d)(5) of that Act 

shall apply with respect to any such joint resolution, and the provisions of section 

36(f) of that Act shall apply with respect to any certification submitted under this 

subsection. 

SEC. 1503. EXPORT RESTRICTIONS NOT AFFECTED. 

Nothing in this title shall be construed to—

(1) modify any restriction on exports imposed under any other provision of 

law, including—

(A) restrictions on exports to—

(i) any country the government of which has been determined by the 

Secretary of State to have repeatedly provided support for acts of international terrorism; 

(ii) any country that does not adhere to the Missile Technology Control Regime; or 

(iii) any other country of proliferation concern; and 

(B) restrictions imposed under title IX of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; or 

(2) affect any provision of section 1514 or 1515 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (22 U.S.C. 2778 note), or 

of title XIV of the National Defense Authorization Act for Fiscal Year 2000 (22 

U.S.C. 2778 note). 

SEC. 1504. DEFINITIONS. 

In this title: 

(1) DEFENSE SERVICE.—The term ‘‘defense service’’ means—

(A) the furnishing of assistance (including training) to foreign persons, 

whether in the United States or abroad, in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, 

modification, operation, destruction, processing, or use of a satellite or related items; and 

(B) the furnishing to foreign persons, whether in the United States or 

abroad, of any technical data in connection with a satellite or related items. 

(2) RELATED ITEMS.—The term ‘‘related items’’ means the satellite fuel, 

ground support equipment, test equipment, payload adapter or interface hardware, replacement parts, and nonembedded solid propellant orbit transfer engines described in the report submitted to Congress by the Department of State 

on February 6, 1998, pursuant to section 38(f) of the Arms Export Control Act 

(22 U.S.C. 2778(f)), as well as systems, components, parts, accessories, and associated equipment for satellites, including ground control equipment. 

(3) UNITED STATES PERSON.—The term ‘‘United States person’’ has the meaning given that term in section 16(2) of the Export Administration Act of 1979 

(50 U.S.C. 1415(2)).

TITLE XVI—PROMOTION OF DEMOCRACY, 

HUMAN RIGHTS, AND RULE OF LAW IN 

BELARUS 

SEC. 1601. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS. 

(a) PURPOSES OF ASSISTANCE.—The assistance under this section shall be available for the following purposes: 

(1) To assist the people of the Republic of Belarus in regaining their freedom 

and to enable them to join the European community of democracies. 

74

(2) To encourage free and fair presidential, parliamentary, and local elections 

in Belarus, conducted in a manner consistent with internationally accepted 

standards and under the supervision of internationally recognized observers. 

(3) To assist in restoring and strengthening institutions of democratic governance in Belarus. 

(b) AUTHORIZATION FOR ASSISTANCE.—To carry out the purposes of subsection (a), 

the President is authorized to furnish assistance and other support for the activities 

described in subsection (c), to be provided primarily for indigenous Belarusian 

groups that are committed to the support of democratic processes. 

(c) ACTIVITIES SUPPORTED.—Activities that may be supported by assistance under 

subsection (b) include—

(1) the observation of elections and the promotion of free and fair electoral 

processes; 

(2) development of democratic political parties; 

(3) radio and television broadcasting to and within Belarus; 

(4) the development of nongovernmental organizations promoting democracy 

and supporting human rights; 

(5) the development of independent media working within Belarus and from 

locations outside the country and supported by nonstate-controlled printing facilities; 

(6) international exchanges and advanced professional training programs for 

leaders and members of the democratic forces in skill areas central to the development of civil society; and 

(7) other activities consistent with the purposes of this title. 

(d) AUTHORIZATION OF APPROPRIATIONS.—

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

carry out this section such sums as may be necessary for fiscal years 2004 and 

2005. 

(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. 

SEC. 1602. RADIO BROADCASTING TO BELARUS. 

(a) PURPOSE.—It is the purpose of this section to authorize increased support for 

United States Government and surrogate radio broadcasting to the Republic of 

Belarus that will facilitate the unhindered dissemination of information. 

(b) AUTHORIZATION OF APPROPRIATIONS.—In addition to such sums as are otherwise authorized to be appropriated, there is authorized to be appropriated such 

sums as may be necessary for each fiscal year for Voice of America and RFE/RL, 

Incorporated for radio broadcasting to the people of Belarus in languages spoken in 

Belarus. 

SEC. 1603. SENSE OF CONGRESS RELATING TO SANCTIONS AGAINST THE GOVERNMENT OF 

BELARUS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that the sanctions described 

in subsections (c) and (d) should apply with respect to the Republic of Belarus until 

the President determines and certifies to the appropriate congressional committees 

that the Government of Belarus has made significant progress in meeting the conditions described in subsection (b). 

(b) CONDITIONS.—The conditions referred to in subsection (a) are the following: 

(1) The release of individuals in Belarus who have been jailed based on political or religious beliefs. 

(2) The withdrawal of politically motivated legal charges against all opposition figures and independent journalists in Belarus. 

(3) A full accounting of the disappearances of opposition leaders and journalists in Belarus, including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, 

and Dmitry Zavadsky, and the prosecution of those individuals who are responsible for their disappearances. 

(4) The cessation of all forms of harassment and repression against the independent media, independent trade unions, nongovernmental organizations, religious organizations (including their leadership and members), and the political 

opposition in Belarus. 

(5) The implementation of free and fair presidential and parliamentary elections in Belarus consistent with OSCE standards on democratic elections and 

in cooperation with relevant OSCE institutions. 

(c) DENIAL OF ENTRY INTO THE UNITED STATES OF BELARUSIAN OFFICIALS.—The 

President should use his authority under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to deny the entry into the United States of any alien 

who—

75

(1) holds a position in the senior leadership of the Government of Belarus; 

or 

(2) is a spouse, minor child, or agent of a person inadmissible under paragraph (1). 

(d) PROHIBITION ON LOANS AND INVESTMENT.—

(1) UNITED STATES GOVERNMENT FINANCING.—No loan, credit guarantee, insurance, financing, or other similar financial assistance should be extended by 

any agency of the United States Government (including the Export-Import Bank 

and the Overseas Private Investment Corporation) to the Government of 

Belarus, except with respect to the provision of humanitarian goods and agricultural or medical products. 

(2) TRADE AND DEVELOPMENT AGENCY.—No funds available to the Trade and 

Development Agency should be available for activities of the Agency in or for 

Belarus. 

(e) MULTILATERAL FINANCIAL ASSISTANCE.—It is further the sense of Congress 

that, in addition to the application of the sanctions described in subsections (c) and 

(d) to the Republic of Belarus (until the President determines and certifies to the 

appropriate congressional committees that the Government of Belarus has made significant progress in meeting the conditions described in subsection (b)), the Secretary of the Treasury should instruct the United States Executive Director of each 

international financial institution to which the United States is a member to use 

the voice and vote of the United States to oppose any extension by those institutions 

of any financial assistance (including any technical assistance or grant) of any kind 

to the Government of Belarus, except for loans and assistance that serve humanitarian needs. 

SEC. 1604. MULTILATERAL COOPERATION. 

It is the sense of Congress that the President should continue to seek to coordinate with other countries, particularly European countries, a comprehensive, multilateral strategy to further the purposes of this title, including, as appropriate, encouraging other countries to take measures with respect to the Republic of Belarus 

that are similar to measures described in this title. 

SEC. 1605. REPORT. 

(a) REPORT.—Not later than 90 days after the date of enactment of this Act, and 

every year thereafter, the President shall transmit to the appropriate congressional 

committees a report that describes, with respect to the preceding 12-month period, 

the following: 

(1) The sale or delivery of weapons or weapons-related technologies from the 

Republic of Belarus to any country, the government of which the Secretary of 

State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided support for 

acts of international terrorism. 

(2) An identification of each country described in paragraph (1) and a detailed 

description of the weapons or weapons-related technologies involved in the sale. 

(3) An identification of the goods, services, credits, or other consideration received by Belarus in exchange for the weapons or weapons-related technologies. 

(4) The personal assets and wealth of Aleksandr Lukashenka and other senior 

leadership of the Government of Belarus. 

(b) FORM.—A report transmitted pursuant to subsection (a) shall be in unclassified form but may contain a classified annex. 

SEC. 1606. DEFINITIONS. 

In this title: 

(1) OSCE.—The term ‘‘OSCE’’ means the Organization for Security and Cooperation in Europe. 

(2) SENIOR LEADERSHIP OF THE GOVERNMENT OF BELARUS.—The term ‘‘senior 

leadership of the Government of Belarus’’ includes—

(A) the President, Prime Minister, Deputy Prime Ministers, government 

ministers, Chairmen of State Committees, and members of the Presidential 

Administration of Belarus; 

(B) any official of the Government of Belarus who is personally and substantially involved in the suppression of freedom in Belarus, including 

judges and prosecutors; and 

(C) any other individual determined by the Secretary of State (or the Secretary’s designee) to be personally and substantially involved in the formulation or execution of the policies of the Lukashenka regime that are in contradiction of internationally recognized human rights standards.

76

TITLE XVII—ISRAELI-PALESTINIAN PEACE 

ENHANCEMENT ACT OF 2003

SEC. 1701. SHORT TITLE. 

This title may be cited as the ‘‘Israeli-Palestinian Peace Enhancement Act of 

2003’’. 

SEC. 1702. FINDINGS. 

Congress makes the following findings: 

(1) The security of the State of Israel is a major and enduring national security interest of the United States. 

(2) A lasting peace in the Middle East region can only take root in an atmosphere free of violence and terrorism. 

(3) The Palestinian people have been ill-served by leaders who, by resorting 

to violence and terrorism to pursue their political objectives, have brought economic and personal hardship to their people and brought a halt to efforts seeking a negotiated settlement of the conflict. 

(4) The United States has an interest in a Middle East in which two states, 

Israel and Palestine, will live side by side in peace and security. 

(5) In his speech of June 24, 2002, and in other statements, President George 

W. Bush outlined a comprehensive vision of the possibilities of peace in the 

Middle East region following a change in Palestinian leadership. 

(6) A stable and peaceful Palestinian state is necessary to achieve the security 

that Israel longs for, and Israel should take concrete steps to support the emergence of a viable, credible Palestinian state. 

(7) The Palestinian state must be a reformed, peaceful, and democratic state 

that abandons forever the use of terror. 

(8) On April 29, 2003, the Palestinian Legislative Council confirmed in office, 

by a vote of 51 yeas, 18 nays, and 3 abstentions, the Palestinian Authority’s 

first prime minister, Mahmoud Abbas (Abu Mazen), and his cabinet. 

(9) In his remarks prior to the vote of the Palestinian Legislative Council, Mr. 

Abbas declared: ‘‘The government will concentrate on the question of security 

. . . The unauthorized possession of weapons, with its direct threat to the security of the population, is a major concern that will be relentlessly addressed . 

. . There will be no other decision-making authority except for the Palestinian 

Authority.’’. 

(10) In those remarks, Mr. Abbas further stated: ‘‘We denounce terrorism by 

any party and in all its forms both because of our religious and moral traditions 

and because we are convinced that such methods do not lend support to a just 

cause like ours but rather destroy it.’’. 

(11) Israel has repeatedly indicated its willingness to make painful concessions to achieve peace once there is a partner for peace on the Palestinian side. 

SEC. 1703. PURPOSES. 

The purposes of this title are—

(1) to express the sense of Congress with respect to United States recognition 

of a Palestinian state; and 

(2) to demonstrate United States willingness to provide substantial economic 

and humanitarian assistance, and to support large-scale multilateral assistance, 

after the Palestinians have achieved the reforms outlined by President Bush 

and have achieved peace with the State of Israel. 

SEC. 1704. SENSE OF CONGRESS. 

It is the sense of Congress that—

(1) peace between Israel and the Palestinians cannot be negotiated until the 

Palestinian system of government has been transformed along the lines outlined 

in President Bush’s June 24, 2002, speech; 

(2) substantial United States and international economic assistance will be 

needed after the Palestinians have achieved the reforms described in section 

620K(c)(2) of the Foreign Assistance Act of 1961 (as added by section 1706 of 

this Act) and have made a lasting and secure peace with Israel; 

(3) the Palestinian people merit commendation on the confirmation of the Palestinian Authority’s first prime minister, Mahmoud Abbas (Abu Mazen), and his 

cabinet; 

(4) the new Palestinian administration urgently should take the necessary security-related steps to allow for implementation of a performance-based road 

map to resolve the Israeli-Palestinian conflict; 

77

(5) the United States Administration should work vigorously toward the goal 

of two states living side-by-side in peace within secure and internationally-recognized boundaries free from threats or acts of force; and 

(6) the United States has a vital national security interest in a permanent, 

comprehensive, and just resolution of the Arab-Israeli conflict, and particularly 

the Palestinian-Israeli conflict, based on the terms of United Nations Security 

Council Resolutions 242 and 338. 

SEC. 1705. RECOGNITION OF A PALESTINIAN STATE. 

It is the sense of Congress that a Palestinian state should not be recognized by 

the United States until the President determines that— (1) a new leadership of a Palestinian governing entity, not compromised by 

terrorism, has been elected and taken office; and 

(2) the newly-elected Palestinian governing entity—

(A) has demonstrated a firm and tangible commitment to peaceful coexistence with the State of Israel and to ending anti-Israel incitement, including the cessation of all officially sanctioned or funded anti-Israel incitement; 

(B) has taken appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist 

infrastructures and the confiscation of unlawful weaponry; 

(C) has established a new Palestinian security entity that is fully cooperating with the appropriate Israeli security organizations; 

(D) has achieved exclusive authority and responsibility for governing the 

national affairs of a Palestinian state, has taken effective steps to ensure 

democracy, the rule of law, and an independent judiciary, and has adopted 

other reforms ensuring transparent and accountable governance; and 

(E) has taken effective steps to ensure that its education system promotes 

the acceptance of Israel’s existence and of peace with Israel and actively 

discourages anti-Israel incitement. 

SEC. 1706. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE. 

Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et 

seq.) is amended—

(1) by redesignating the second section 620G (as added by section 149 of Public Law 104–164 (110 Stat. 1436)) as section 620J; and 

(2) by adding at the end the following new section: 

‘‘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. 

‘‘(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—

78

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

SEC. 1707. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE. 

Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et 

seq.), as amended by section 1706, is further amended by adding at the end the following new section: 

‘‘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 

79

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.’’. 

TITLE XVIII—MISCELLANEOUS FOREIGN 

ASSISTANCE PROVISIONS 

SEC. 1801. ADDITIONAL AUTHORITIES RELATING TO INTERNATIONAL NARCOTICS CONTROL 

ASSISTANCE. 

Notwithstanding any other provision of law, assistance provided by the United 

States Government to support international efforts to combat aerial trafficking of 

illicit narcotics under chapter 8 of part I of the Foreign Assistance Act of 1961 or 

under any other provision of law shall include the authority to interdict illicit arms 

in connection with the trafficking of illicit narcotics. 

SEC. 1802. UNITED STATES OPIUM ERADICATION PROGRAM IN COLOMBIA. 

Not later than 180 days after the date of the enactment of this Act, the Secretary 

of State, acting through the Department of State’s Narcotics Affairs Section (NAS) 

in Bogota, Colombia, shall ensure that all pilots participating in the United States 

opium eradication program in Colombia are Colombians and are fully trained, qualified, and experienced pilots, with preference provided to individuals who are members of the Colombian National Police. 

SEC. 1803. COOPERATIVE DEVELOPMENT PROGRAM. 

Of the amounts made available for development assistance under the Foreign Assistance Act of 1961, not less than $2,000,000 for each of the fiscal years 2004 and 

2005 are authorized to be made available to finance projects among the United 

States, Israel, and developing countries in Africa under the Cooperative Development Program. 

SEC. 1804. WEST BANK AND GAZA PROGRAM. 

(a) OVERSIGHT.—For fiscal year 2004, the Secretary of State shall certify to the 

appropriate committees of Congress not later than 30 days prior to the initial obligation of funds for the West Bank and Gaza that procedures have been established 

to assure the Comptroller General will have access to appropriate United States financial information in order to review the use of United States assistance for the 

West Bank and Gaza funded under chapter 4 of part II of the Foreign Assistance 

Act of 1961 (‘‘Economic Support Fund’’). 

(b) VETTING.—Prior to any obligation of funds authorized to be appropriated to 

carry out chapter 4 of part II of the Foreign Assistance Act of 1961 for assistance 

for the West Bank and Gaza, the Secretary of State shall take all appropriate steps 

to ensure that such assistance is not provided to or through any individual or entity 

that the Secretary knows, or has reason to believe, advocates, plans, sponsors, engages in, or has engaged in, terrorist activity. The Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection. 

(c) AUDITS.—

(1) IN GENERAL.—The Administrator of the United States Agency for International Development shall ensure that independent audits of all contractors 

and grantees, and significant subcontractors and subgrantees, under the West 

Bank and Gaza Program, are conducted at least on an annual basis to ensure, 

among other things, compliance with this section. 

(2) AUDITS BY INSPECTOR GENERAL OF USAID.—Of the funds authorized to be 

appropriated by this Act to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 that are made available for assistance for the West Bank and 

Gaza, up to $1,000,000 may be used by the Office of the Inspector General of 

80

the United States Agency for International Development for audits, inspections, 

and other activities in furtherance of the requirements of paragraph (1). Such 

funds are in addition to funds otherwise available for such purposes. 

SEC. 1805. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON INCITEMENT TO ACTS OF DISCRIMINATION. 

(a) COUNTRIES RECEIVING ECONOMIC ASSISTANCE.—Section 116(d) of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended— (1) in paragraph (9), by striking ‘‘and’’ at the end; 

(2) in paragraph (10), by striking the period at the end and inserting ‘‘; and’’; 

and 

(3) by adding at the end the following: 

‘‘(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 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.’’. 

(b) COUNTRIES RECEIVING SECURITY ASSISTANCE.—Section 502B(b) of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended by inserting after the eighth 

sentence the following: ‘‘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.’’. 

SEC. 1806. ASSISTANCE TO EAST TIMOR. 

Section 632(b)(1) of the Foreign Relations Authorization Act, Fiscal Year 2003 

(Public Law 107–228) is amended by striking ‘‘the fiscal year 2003’’ and inserting 

‘‘each of the fiscal years 2003, 2004, and 2005’’. 

SEC. 1807. SUPPORT FOR DEMOCRACY-BUILDING EFFORTS FOR CUBA. 

(a) STATEMENT OF POLICY.—It is the policy of the United States to support those 

individuals and groups who struggle for freedom and democracy in Cuba, including 

human rights dissidents, independent journalists, independent labor leaders, and 

other opposition groups. 

(b) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated to the President to 

carry out section 109(a) of Public Law 104–114 (22 U.S.C. 6039(a)) $15,000,000 

for each of the fiscal years 2004 and 2005. 

(2) ADDITIONAL AUTHORITIES.—Amounts appropriated pursuant to the authorization of appropriations under subsection (a)—

(A) are authorized to remain available until expended; and 

(B) are in addition to amounts otherwise available for such purposes. 

SEC. 1808. AMENDMENT TO THE AFGHANISTAN FREEDOM SUPPORT ACT OF 2002. 

The Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.) is amended—

(1) in section 103(a) by striking ‘‘section 512 of Public Law 107–115 or any 

similar’’ and inserting ‘‘any other’’; and 

(1) in section 207(b) by striking ‘‘section 512 of Public Law 107–115 or any 

similar’’ and inserting ‘‘any other’’. 

SEC. 1809. CONGO BASIN FOREST PARTNERSHIP. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to the President to carry out the Congo Basin Forest Partnership (CBFP) program 

$18,600,000 for each of the fiscal years 2004 and 2005. Of the amounts appropriated 

pursuant to the authorization of appropriations under the preceding sentence for a 

fiscal year, $16,000,000 is authorized to be made available to the Central Africa Regional Program for the Environment (CARPE) of the United States Agency for International Development. 

(b) AVAILABILITY.—Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended. 

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SEC. 1810. COMBATTING THE PIRACY OF UNITED STATES COPYRIGHTED MATERIALS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—In addition to such amounts as may otherwise be authorized to be appropriated for such purpose, there are authorized to 

be appropriated for the Department of State, $10,000,000 to carry out the following 

activities in countries that are not members of the Organization for Economic Cooperation and Development (OECD): 

(1) Provision of equipment and training for foreign law enforcement, including 

in the interpretation of intellectual property laws. 

(2) Training for judges and prosecutors, including in the interpretation of intellectual property laws. 

(3) Assistance in complying with obligations under appropriate international 

copyright and intellectual property treaties and agreements.

(b) CONSULTATION WITH WORLD INTELLECTUAL PROPERTY ORGANIZATION.—In carrying out subsection (a), the Department of State should make every effort to consult with, and provide appropriate assistance to, the World Intellectual Property Organization to promote the integration of non-OECD countries into the global intellectual property system. 

SEC. 1811. ASSISTANCE FOR LAW ENFORCEMENT FORCES IN CERTAIN FOREIGN COUNTRIES. 

Notwithstanding section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 

2420), the Administrator of the United States Agency for International Development 

is authorized to provide assistance for fiscal years 2004 and 2005 to— (1) law enforcement agencies of the Government of India for the purposes of 

enhancing their capacity for medical-first-response and search-and-rescue operations after a natural disaster, improving the access of women to justice, and 

combating the trafficking of persons; and 

(2) the new police force of Northern Ireland for the purpose of providing computer-based, human-rights and other professional training, and the law enforcement agencies of the Republic of Ireland (ROI) for the purposes of fostering 

greater cooperation and communication between the police force of the Republic 

of Ireland and the new police force of Northern Ireland, as recommended by the 

Patten Commission. 

SEC. 1812. HUMAN RIGHTS AND DEMOCRACY FUND. 

Section 664(c)(1) of the Freedom Investment Act of 2002 (subtitle E of title VI of 

division A of Public Law 107–228; 22 U.S.C. 2151n–2(c)(1)) is amended— (1) by striking ‘‘for fiscal year 2003’’ and inserting ‘‘for each of the fiscal years 

2003 through 2005’’; and 

(2) by striking ‘‘$21,500,000 is’’ and inserting ‘‘$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’’. 

SEC. 1813. ENHANCED POLICE TRAINING. 

Section 660(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2420(b)) is amended— (1) in paragraph (7), by striking the period at the end and inserting ‘‘; or’’; 

and 

(2) by adding at the end the following new paragraph: 

‘‘(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 counter-narcotics, 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.’’. 

SEC. 1814. PROMOTING A SECURE AND DEMOCRATIC AFGHANISTAN. 

(a) FINDINGS.—The Congress finds that— (1) the United States has a vital interest in promoting Afghanistan’s transition from chaos, civil war, and disorder to an increasingly prosperous democratic state, safe and secure with its neighbors, respecting human rights, particularly the rights of women and girls, dedicated to the liberty, literacy, and 

enrichment of its citizens, and serving as a model for other countries; 

(2) basic security in the major cities and along key transportation routes is 

critical to the reconstruction and development of Afghanistan, including fostering implementation of the Bonn Agreement, achieving progress towards a 

democratic and tolerant government, and encouraging international private investment; 

(3) Afghanistan and its people remain under serious threat from terrorism, 

insurgency, widespread crime, banditry, intimidation, rape, and suppression of 

minorities and women, and other grave violations of human rights continue to 

82

occur, especially in areas that do not have a routine presence of international 

security personnel; 

(4) lethal clashes continue between the private armies of warlords, attacks 

against Afghan civilians and officials and United States and international organization personnel are on the rise, and threats against civilians and whole villages not to cooperate with Americans or the central government are now routine; 

(5) the growth, production, and trafficking of Afghan opium and its derivatives pose a serious threat to international peace and security and efforts toward reconstruction in Afghanistan; 

(6) recruitment and training of the Afghan National Army and the Afghan 

National Police are seriously behind schedule and will not be at full strength 

for several years, leaving the central government and Afghan citizens vulnerable to the depredations of terrorists, insurgents, and the private armies of warlords; 

(7) although the 4,500 soldiers of the International Security Assistance Force 

(ISAF) have provided much-needed security for the citizens of Kabul, it is not 

within their mandate or power to promote security to other areas, and human 

rights abuses are continuing in areas in and around Kabul where ISAF is not 

present; 

(8) vastly disproportionate numbers of refugees returning from neighboring 

countries have gone to Kabul because of the security provided by ISAF and the 

insecurity of their home areas, overwhelming Kabul and far exceeding its capacity for shelter, food, and employment; 

(9) NATO has recently decided to take over responsibility for a limited ISAF, 

a welcome development that will not, unfortunately, provide any additional security in Kabul or elsewhere; 

(10) the United States has stated on numerous occasions that it does not oppose the expansion of ISAF, but that heretofore other countries have not expressed a willingness to participate in an expanded force; 

(11) the United States has not itself demonstrated a commitment to expansion of ISAF or a similar international security or peacekeeping force, a commitment to leadership that other nations may more likely follow; 

(12) the Secretary of Defense has announced that the combat phase of the 

war in Afghanistan has ended, and that the United States will be focusing its 

efforts on a reconstruction phase utilizing lightly-armed, platoon-sized Provincial Reconstruction Teams to provide security for reconstruction efforts, rather 

than an expanded international peacekeeping or patrolling security force; 

(13) the Provincial Reconstruction Teams may prove inadequate to provide a 

significant level of security to their regions, and are not tasked to secure the 

major transportation routes which are critical to the economic revival of Afghanistan; 

(14) United States and foreign nongovernmental aid workers and Afghan civilian aid workers are at great risk of being robbed, beaten, and killed in areas 

of Afghanistan that are not being patrolled by United States forces or Afghan 

central government forces; 

(15) such acts of theft, intimidation, and murder against foreign aid and Afghan civilian workers are occurring with increasing frequency, and are often deliberately committed by Taliban and other insurgent and rebel forces with the 

intention of creating sufficient terror to undermine and arrest any efforts to rebuild Afghanistan into a peaceful, democratic, and prosperous nation that prohibits terrorism and tyranny; 

(16) the report of the Inspector General of the United States Agency for International Development (USAID) confirms that USAID workers are virtual captives in their compounds, able to venture out into the countryside for brief periods and only under heavy armed escort, conditions which are counterproductive 

to their mission of assisting the people of Afghanistan; 

(17) the Taliban and al-Qaeda may believe they only have to create enough 

terror and uncertainty in the country to undermine the creation of strong representative institutions, and wait until the United States leaves to again create 

chaos, exploit tribal rivalries, and plunge Afghanistan back into chaos; 

(18) failure to secure a peaceful and democratic Afghanistan will diminish the 

credibility of efforts by the United States and the international community to 

promote peace and democracy elsewhere in the Muslim world; and 

(19) unless general security can be provided in the major population areas, 

strategic highways, and border crossings and chokepoints, the goals for which 

the war in Afghanistan was fought may be lost and the efforts and lives spent 

in the attempt to liberate and rebuild Afghanistan may be wasted. 

(b) SECURITY POLICY.—

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(1) SECURITY ALONG HIGHWAYS.—The President shall take immediate steps to 

ensure that there is adequate security along the length of highways connecting 

major Afghan urban centers in order to terminate and deter acts of banditry, 

illegal checkpoints, human rights abuses, terrorism, and intimidation against 

Afghan and foreign civilians and military personnel. 

(2) DISARMAMENT, ETC. OF AFGHAN MILITIAS.—The President shall take immediate steps to support directly the disarmament, demobilization, and reintegration of Afghan militias and irregulars that are not formally part of the Afghan 

National Army or under the direct control of the central government in Afghanistan. 

(c) SENSE OF CONGRESS.—It is the sense of the Congress that the President should 

take steps to implement section 206(d) of the Afghanistan Freedom Support Act of 

2002 (Public Law 107–327) to expand significantly the International Security Assistance Force, or take such other steps as may be necessary, such as increasing the 

number and force levels of United States Provincial Reconstruction Teams, so as 

to—

(1) increase the area in which security is provided and undertake vital tasks 

related to promoting security, such as disarming warlords militias and 

irregulars; 

(2) deter criminal activity, including rape, robbery, and intimidation of civilians; and 

(3) safeguard highways in order to allow governmental and nongovernmental 

assistance and reconstruction personnel to move more freely in the countryside 

to provide humanitarian relief and rebuild Afghanistan.

SEC. 1815. GRANTS TO THE AFRICA SOCIETY. 

(a) GRANTS TO THE AFRICA SOCIETY.—For any fiscal year, the Secretary of State 

is authorized to make grants to the Africa Society to carry out programs and activities that advance United States interests and values in Africa through public and 

private partnerships that facilitate the continent’s political transition to more open 

democratic societies, support equitable economic growth through trade and investment, support efforts to promote transparency and openness through the public and 

private sectors, encourage civil society growth and development, and promote awareness of all Americans about Africa, consistent with a grant agreement under such 

terms as the Secretary of State considers necessary and appropriate. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to carry out this section $1,000,000 for the fiscal year 2004 and such sums as may 

be necessary for the fiscal year 2005.

PURPOSE AND SUMMARY

The Foreign Relations Authorization Act for Fiscal Years 2004 

and 2005 authorizes funding for the Department of State and the 

United States international broadcasting activities for fiscal years 

2004 and 2005, security assistance, and other foreign affairs programs. H.R. 1950 authorizes the requested funding for the Department’s Diplomatic Readiness Initiative to improve the ability of the 

United States to represent U.S. interests around the globe, authorizes funding for U.S. embassy security, which is critical to the protection of the U.S. presence in countless countries where the threat 

of terrorism continues, enhances the State Departments public diplomacy programs, focuses the U.S. Government on anti-U.S. propaganda and incitement in order to better communicate with the 

world, revises the refugee resettlement process, and reorganizes 

U.S. international broadcasting. The legislation also increases our 

capacity at international organizations, where rogue regimes and 

human rights violators are increasingly trying to assert their influence and provides needed reforms to U.S. defense export and missile non-proliferation policies. The bill also addresses important regional and functional foreign policy issues. 

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BACKGROUND AND NEED FOR THE LEGISLATION

The United States continues to face key challenges around the 

globe and is exerting its influence during a time of particular instability. The need to forge coalitions to combat international terrorism, the compelling U.S. interest in fostering better understanding of this country and its policies, the increasing use by 

rogue states and human rights violators of international organizations to advance their interests, and the continuing dangers of the 

proliferation of lethal military equipment, weapons of mass destruction and the means to deliver them requires a robust and sustained response by the United States government. H.R. 1950, the 

Foreign Relations Authorization Act, represents a bipartisan response to address these objectives. 

Division A of the legislation authorizes appropriations for fiscal 

years 2004 and 2005 for the Department of State, the Broadcasting 

Board of Governors, which is responsible for non-military U.S. 

international broadcasting, and authorizes other activities key to 

U.S. foreign policy objectives. Division A contains a number of critical reforms necessary for the enhancement of our foreign policy. 

First, it enhances in scope and substance U.S. public diplomacy. 

Second, it contains a reorganization of U.S. international broadcasting building on the progress to form a consensus during the 

107th Congress. Third, it establishes a new Special Coordinator to 

focus on promoting independent media around the world in order 

to enhance press freedoms and provide the possibility for better informed publics around the world. Fourth, it reforms the way the 

United States does business at international organizations to better 

advance U.S. interests in critical fora, including using our influence 

to prevent terrorist states from gaining leadership positions and 

preventing their membership in key institutions. Finally, in light 

of the suicide bomb attacks on the U.S. consulate in Karachi, Pakistan and on the residential compounds in Riyadh, Saudi Arabia, 

H.R. 1950 continues Congressional commitment to the security of 

U.S. personnel serving this nation abroad by authorizing significant funding for embassy security upgrades and construction, as 

well as for additional investments in security personnel around the 

world. 

Division B of H.R. 1950 contains amendments to the Arms Export Control Act that will strengthen that Act’s terrorist-related 

prohibitions and the U.S. Government’s ability to enforce violations, enhances our missile non-proliferation policies, and improves 

the Department of State’s administration of defense trade and security assistance. It also contains a number of foreign assistance 

measures and reforms that will advance U.S. interests around the 

globe. 

The bill authorizes in Division A $9.3 billion for fiscal year 2004 

and $10.7 billion for fiscal year 2005 for the operations of the State 

Department and related agencies, and $657 million for fiscal year 

2004 and $651 million for fiscal year 2005 for the Broadcasting 

Board of Governors. The President has requested and the Committee is recommending increases in the Department’s operating 

accounts particularly with respect to embassy security and personnel. Current world events and testimony underscore the necesVerDate Jan 31 2003 01:42 May 18, 2003 Jkt 019006 PO 00000 Frm 00084 Fmt 6659 Sfmt 6602 E:\HR\OC\HR105P1.XXX HR105P1
85

sity of a strong, well trained diplomatic core and civil service to 

carry out the ever-increasing international demands. The bill authorizes in Division B $4.4 billion for fiscal year 2004 

for Foreign Military and Financing (which matches the Administration request), $91.7 million for fiscal year 2004 for International 

Military Education & Training, (which matches the Administration 

request), and $250 million without fiscal year limit for programs to 

reduce the threat of missile proliferation, and lesser amounts for 

various programs and activities. The bill authorizes security assistance for Israel and Egypt in 2004 and 2005. Finally, Title XVII, 

The Israeli-Palestinian Peace Enhancement Act authorizes such 

sums to promote peace in the Middle East with a promise of substantial economic and humanitarian to a Palestinian state once a 

true and verifiable peace agreement has been achieved. 

HEARINGS

The Committee and its Subcommittees held several oversight 

hearings prior to the markup of H.R. 1950. The Subcommittee on 

the Western Hemisphere held a hearing on February 27, 2003, entitled, ‘‘Overview of U.S. Policy Toward the Western Hemisphere.’’ Testimony was received from: The Honorable John P. Walters, Director, Office of National Drug Control Policy; The Honorable 

Adolfo Franco, Assistant Administrator, Bureau for Latin America 

and the Caribbean, U.S. Agency for International Development; 

and J. Curtis Struble, Acting Assistant Secretary, Bureau of Western Hemisphere Affairs, U.S. Department of State. The Subcommittee on Europe held a hearing, entitled, ‘‘U.S. Assistance Programs in Europe: An Assessment’’ on March 27, 2003. Testimony 

was received from: Thomas Adams, Acting Coordinator for U.S. Assistance to Europe and Eurasia, Bureau of European and Eurasia 

Affairs, U.S. Department of State; and the Honorable Kent R. Hill, 

Ph.D., Assistant Administrator, Bureau for Europe and Eurasia, 

U.S. Agency for International Development. On April 30, 2003, the 

Subcommittee on International Terrorism, Nonproliferation and 

Human Rights held a hearing entitled, ‘‘A Review of the State Department Country Reports on Human Rights Practices.’’ Testimony 

was received from: The Honorable Lorne W. Craner, Assistant Secretary, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State; Alexandra Arriaga, Director of Government Relations, Amnesty International; and Jennifer L. Windsor, Executive 

Director, Freedom House. 

The Committee on International Relations held a hearing on the 

President’s fiscal year 2004 International Affairs budget request 

entitled, ‘‘The President’s International Affairs Budget Request for 

FY 2004’’ was held on February 12, 2003, with Secretary of State 

Colin L. Powell testifying. 

COMMITTEE CONSIDERATION

H.R. 1950 was introduced by Chairman Hyde on May 5, 2003 

and was referred to the Committee on International Relations. On 

May 7, 2003, and May 8, 2003, the Committee met in open session, 

pursuant to notice, to consider the bill. A motion offered by Chairman Hyde to favorably report H.R. 1950 to the House of Representatives, as amended, was agreed to by a record vote of 42 ayes to 

3 noes, a quorum being present. 

86

The Committee adopted several amendments. Summary of 

Amendments: 

Wednesday, May 7 

1. Hyde—en bloc—which contained the following 21 amendments: 

—Crowley: George Mitchell Scholarship Program. 

—Faleomavaega: Technical fix to indigenous persons exchange program. 

—Lantos: Change the FY05 voluntary peacekeeping number 

for Africa from $40 million to ‘‘such sums’’. 

—Berman: Technical change to adjust funds in the broadcasting accounts. 

—Hyde: Technical change to the East Timorese scholarship 

program to allow undergraduates to participate. 

—Hyde: Amendment regarding meritorious step increases for 

the Foreign Service. 

—Berkley: Pilot program for the promotion of travel and 

tourism in the U.S. through U.S. international broadcasting. 

—Engel: The use of the voice and vote against a state sponsor of terrorism being appointed to the UN Security Council. 

—Engel: Requires a report by the State Department when efforts fail to keep a state sponsor of terrorism off the UN Security Council. 

—Hyde: Technical change of a position title from Executive 

Director to Director. 

—Lee: Report on U.S. policy toward Haiti. 

—Crowley: Report on the effects of Plan Colombia on Ecuador. 

—Hyde: Technical change to the title of the Under Secretary 

of Commerce for Industry and Security. 

—McCotter: Sense of Congress regarding weapons of mass 

destruction. 

—Smith (MI): Make efforts to communicate and disseminate 

accurate scientific information on the benefits of agriculture 

biotechnology. 

—Bereuter: Sense of Congress regarding a more equitable resettlement of refugees. 

—Watson: Strengthening the global intellectual property system. 

—Crowley: Assistance for law enforcement forces in India 

and N. Ireland. 

—Lantos: Extends the authorization of appropriations for the 

Human Rights and Democracy Fund. 

—Hyde: Report on Missile Defense Cooperation. 

—Smith (NJ): Promotion of democracy, human rights and 

rule of law in Belarus. 

This amendment was agreed to by a voice vote. 

2. Leach—Colin Powell Center for American Diplomacy. This 

amendment was agreed to by a voice vote. 

3. Crowley—UNFPA. This amendment was agreed to by a vote 

of 23–22. 

4. Rohrabacher—Exports of Satellites. This amendment was 

agreed to by voice vote. 

87

5. Lantos—Israeli-Palestinian Peace Enhancement Act of 2003. 

This amendment was agreed to by voice vote. 

6. Smith (MI)—International Agricultural Biotechnology Information Program. This amendment was agreed to by voice vote. 

7. Menendez—climate change. This amendment was agreed to by 

a vote of 21–18. 

8. Royce—Radio Free Asia broadcasts to North Korea. This 

amendment was agreed to by voice vote. 

9. Smith (NJ) en bloc—Combined two amendments: an increase 

in the migration and refugee assistance account, and a change to 

refugee resettlement. This amendment was agreed to by voice vote. 

10. Faleomavaega—Report on Pakistan. This amendment was 

agreed to by voice vote. 

May 8: 

11. Smith (NJ)—UNRWA. This amendment was agreed to by 

voice vote. 

12. Smith (NJ)—East Timorese scholarships. This amendment 

was agreed to by voice vote. 

13. Payne—Grants to the Africa society. This amendment was 

agreed to by voice vote. 

14. Delahunt—Democracy in the Western Hemisphere. This 

amendment was agreed to, as amended. 

15. Hyde—en bloc which contained the following 13 amendments: 

—Engel: Reduction in funding level for NED for programs in 

primarily Muslim countries.

—Menendez: Makes a statement of policy expressing concern 

about Iran’s buildup of its nuclear weapons program. 

—Ros-Lehtinen: Incitement amendments to Free Media Provision. 

—Lantos: Police training. 

—Lantos: Sense of Congress relating to the need to enhance 

security in Afghanistan. 

—Sherman: Iran World Bank sense of Congress. 

—McCollum: Sense of Congress relating to violence against 

women. 

—Meeks: Africa conflicts. 

—Wexler: Training program on international safety issues 

for students. 

—Faleomavaega: Sense of Congress expressing concern 

about the environmental impact of Soviet nuclear weapons 

testing in Kazakhstan. 

—Ros-Lehtinen: Technical fix to the Secretary of State’s reporting requirement on WEOG. 

—Lantos: Prohibit elimination of broadcasting to E. Europe. 

—Hyde: Streamlines a terrorism reporting requirement. 

This amendment was agreed to by voice vote. 

16. Menendez—migration issues between the U.S. and Mexico. 

This amendment was agreed to, as amended by the Ballenger substitute, which was amended by a Gallegly amendment regarding 

extradition from Mexico of violent criminals. 

The bill, H.R. 1950, was reported favorably to the House, as 

amended, by a record vote of 42 ayes to 3 noes. 

88

VOTE(S) OF THE COMMITTEE

Clause (3)(b) of rule XIII of the Rules of the House of Representatives requires that the results of each record vote on an amendment or motion to report, together with the names of those voting 

for or against, be printed in the Committee Report. 

Vote No. 1 (11:38 a.m., May 7): Crowley amendment regarding 

funds for UNFPA. 

Voting yes: Houghton, Lantos, Berman, Ackerman, 

Faleomavaega, Payne, Menendez, Sherman, Wexler, Engel, 

Delahunt, Meeks, Lee, Crowley, Hoeffel, Blumenauer, Berkley, 

Napolitano, Schiff, Watson, Smith (WA), McCollum, and Bell 

Voting no: Bereuter, Smith (NJ), Burton, Ros-Lehtinen, 

Ballenger, Rohrabacher, Royce, King, McHugh, Tancredo, Paul, 

Smith (MI), Pitts, Flake, Davis, Green, Weller, Pence, McCotter, 

Janklow, Harris and Hyde. 

Ayes 23. Noes 22. 

Vote No. 2 (1:50 p.m., May 7): Menendez amendment regarding 

climate change. 

Voting yes: Leach, Smith (NJ), Lantos, Berman, Ackerman, 

Faleomavaega, Payne, Menendez, Brown, Sherman, Engel, 

Delahunt, Lee, Crowley, Hoeffel, Blumenauer, Berkley, Schiff, 

Smith (WA), McCollum, and Bell 

Voting no: Bereuter, Burton, Ballenger, Rohrabacher, Royce, 

King, Chabot, McHugh, Tancredo, Paul, Pitts, Flake, Green, 

Weller, Pence, McCotter, Janklow, and Hyde. 

Ayes 21. Noes 18. 

Vote No. 3 (11:32 a.m., May 8): Tancredo amendment concerning 

the issuance of alien ID cards. 

Voting yes: Burton, Gallegly, Ballenger, Royce, Chabot, Tancredo, 

Paul, Smith (MI), Pitts, Flake, Davis, Green, Pence, McCotter, 

Janklow, Harris and Hyde. 

Voting no: Leach, Ros-Lehtinen, King, Lantos, Berman, Ackerman, Faleomavaega, Payne, Menendez, Brown, Wexler, Engel, 

Delahunt, Lee, Crowley, Hoeffel, Berkley, Napolitano, Schiff, Watson, Smith (WA), McCollum and Bell. 

Ayes 17. Noes 23. 

Vote No. 4 (1:10 p.m., May 8): Paul amendment regarding 

UNESCO. 

Voting yes: Burton, Gallegly, Ballenger, Rohrabacher, Royce, 

Chabot, McHugh, Tancredo, Paul, Smith (MI), Flake, Davis, 

McCotter and Hyde. 

Voting no: Leach, King, Houghton, Pitts, Green, Weller, Pence, 

Harris, Lantos, Berman, Ackerman, Payne, Menendez, Brown, 

Sherman, Wexler, Engel, Delahunt, Lee, Crowley, Hoeffel, 

Blumenauer, Napolitano, Smith (WA), McCollum and Bell. 

Ayes 14. Noes 26. 

Vote No. 5 (2:05 p.m., May 8): Ballenger substitute amendment 

to the Menendez amendment regarding migration issues between 

the U.S. and Mexico. 

Voting yes: Leach, Bereuter, Smith (NJ), Gallegly, Ros-Lehtinen, 

Ballenger, Rohrabacher, Royce, Chabot, Houghton, McHugh, 

Tancredo, Paul, Smith (MI), Pitts, Flake, Davis, Green, Weller, 

Pence, McCotter, Janklow, Harris and Hyde. 

89

Voting no: King, Lantos, Berman, Ackerman, Payne, Menendez, 

Brown, Sherman, Wexler, Engel, Delahunt, Meeks, Lee, Hoeffel, 

Blumenauer, Berkley, Napolitano, Schiff, Watson, Smith (WA), 

McCollum and Bell. 

Ayes 24. Noes 22. 

Vote No. 6 (2:10 p.m.): Report H.R. 1950, as amended, favorably 

to the House. 

Voting yes: Leach, Bereuter, Smith (NJ), Gallegly, Ros-Lehtinen, 

Ballenger, Rohrabacher, Royce, King, Chabot, Houghton, McHugh, 

Tancredo, Pitts, Green, Weller, Pence, McCotter, Janklow, Lantos, 

Berman, Ackerman, Payne, Menendez, Brown, Sherman, Wexler, 

Engel, Delahunt, Meeks, Lee, Crowley, Hoeffel, Blumenauer, Berkley, Napolitano, Schiff, Watson, Smith (WA), McCollum, Bell and 

Hyde. 

Voting no: Paul, Flake and Davis. 

Ayes 42. Noes 3. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of House Rule XIII is inapplicable because this legislation does not provide new budgetary authority or increased tax 

expenditures. 

COMMITTEE COST ESTIMATE

A CBO estimate was not available at time of filing of this report. 

In compliance with clause 3(d)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee estimates the bill will 

have a $15 billion cost for fiscal year 2004. For fiscal year 2005, 

the estimate is $15 billion. 

In compliance with clause 3(d)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee estimates that implementing the bill will have a $15 billion cost for fiscal year 2004 and 

over $30 billion through the next five years. 

PERFORMANCE GOALS AND OBJECTIVES

The goals and objectives of this legislation are to provide authorization for the activities of the State Department and related agencies for fiscal years 2004 and 2005. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in Article I, section 8, clause 18 of the Constitution. 

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NEW ADVISORY COMMITTEES

H.R. 1950 does not establish or authorize any new advisory committees. 

CONGRESSIONAL ACCOUNTABILITY ACT

H.R. 1950 does not apply to the legislative branch. 

FEDERAL MANDATES

H.R. 1950 provides no Federal mandates. 

CHANGES IN EXISTING LAW

The changes to existing law will be filed in a supplemental report. 

SECTIONAL ANALYSES

DIVISION A—DEPARTMENT OF STATE AUTHORIZATION 

ACT, FISCAL YEARS 2004 AND 2005 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Subtitle A—Department of State 

SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS. 

This section authorizes appropriations under the heading ‘‘Administration of Foreign Affairs’’ for fiscal years 2004 and 2005. This 

bill authorizes a total of $4.2 billion in FY 04 and $4.4 billion in 

FY 05 for State Department operations. The President’s request for 

FY 04 is $4.2 billion. It includes funds for executive direction and 

policy formulation, conduct of diplomatic relations with foreign governments and international organizations, effective implementation 

of consular programs and their border security components, the acquisition and maintenance of office space and living quarters for 

the United States missions abroad, provision of security for those 

operations, and information resource management. 

In particular, this section provides authorization of appropriations for the necessary expenses of the Department of State and 

the Foreign Service. These expenses include an authorization for 

worldwide security upgrades. This section also includes authorization of appropriations for the conduct of U.S. public diplomacy programs, capital investment, representation, protection of foreign 

missions and officials, emergencies in the diplomatic and consular 

service, repatriation loans, and payment to the American Institute 

in Taiwan. 

Specific authorizations of interest are: construction security, $1.6 

billion for FY 04 and $1.7 billion for FY 05; worldwide security upgrades, $647 million for FY 04 and $679 million in FY 05; $321 

million in FY 04 and $330 million in FY 05 for certain public diplomacy programs; and $2 million in FY 04 and $2 million in FY 05 

for minority recruitment. 

Rightsizing. Rightsizing the U.S. overseas presence is part of the 

President’s Management Agenda and a major objective of the Congress, and we expect to see progress within the Department on 

these issues. The State Department has asked for more money to 

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hire staff but it has not clearly shown a willingness to reallocate 

its existing staff from those posts that are relatively generously 

staffed to those that have the greatest shortfalls. We recognize that 

the Office of Management and Budget is taking the lead on the 

rightsizing initiative. However, because the State Department is 

the lead foreign affairs agency, and faces its own resource allocation issues, it should continue to advocate for government-wide direction on. 

SEC. 112. UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS. 

This section authorizes a total of $393 million in FY 04 and $405 

million in FY 05 for education and cultural exchange programs. 

The President requested $345 million. Increases in this account 

support enhancements in U.S. public diplomacy programs determined to be necessary in this time of global terrorism. This section 

also authorizes a variety of specific exchange programs. Several 

new initiatives in this area are included in this legislation: 

Subsection (b)(3)(C) helps address declining opinions of the 

United States among young people in South Korea. This subsection 

increases to $750,000 per year the funding for this successful Fulbright program, which places American college graduates at schools 

and colleges across South Korea, where they teach English and 

serve as assistants to explain U.S. culture and society. This program, which serves many rural schools, has a significant multiplier 

effect, as each participant interacts regularly with numerous Korean students. 

Subsection (b)(3)(E) provides authority for the fiscal year 2004 

and for the fiscal year 2005 to fund the George J. Mitchell Scholarship Program at its current fiscal year 2003 level of funding, 

$500,000. This program provides one year of postgraduate study for 

American scholars at institutions of higher education in Ireland 

and Northern Ireland. 

To help address declining opinions of the United States among 

young people in our longtime ally, South Korea, subsection (b)(4)(E) 

authorizes $750,000 per year for the creation of summer academic 

study programs in the United States for Korean college and university students. The programs will focus on political systems, government institutions, society, and democratic culture in the United 

States. It is estimated that this modest funding will allow the establishment of three summer institutes, each of which can handle 

between 25 and 30 students, thus reaching between 75 and 90 Korean student leaders per year. 

Subsection (b)(4)(H) provides an authorization of $400,000 for the 

fiscal year 2004 and $400,000 for the fiscal year 2005 for scholarships for postsecondary education in the United States for students 

from Mexico and the countries of Central and South America who 

are from the indigenous peoples of the region. Postsecondary means 

college level and above and the Committee expects that the Department will provide scholarships to graduate and undergraduate students under this new authority. 

Subsection (c)(2) authorizes $3 million to be made available in 

FY04 and $3 million in FY05 for the National Endowment for Democracy to promote democracy, good governance, rule of law, independent media, religious tolerance, women’s rights, and the 

strengthening of civil society in Muslim-majority countries within 

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the jurisdiction of the Bureau of Near Eastern Affairs of the Department of State. 

The Committee notes that one such organization of demonstrated 

effectiveness is the Center for Civic Education headquartered in 

Calabasas, California and recommends that it be supported under 

this authorization. 

SEC. 113. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS. 

This section authorizes $1 billion for FY 04 and $1 billion for FY 

05. It authorizes the necessary funds for U.S. contributions of its 

assessed share of the expenses of the United Nations and other 

international organizations of which the United States is a member. In addition, it authorizes $550 million for FY04 and such sums 

as may be necessary for FY05 for assessed contributions to international peacekeeping activities under United Nations auspices. 

This section also authorizes such sums as may be necessary for 

each of the fiscal years 2004 and 2005 to offset adverse fluctuations 

in foreign currency exchange rates. 

SEC. 114. INTERNATIONAL COMMISSIONS. 

This section authorizes $70 million for FY04 and $70 million for 

FY05 for international commissions. This is the same as the President’s request for FY 04. It authorizes funds necessary to enable 

the United States to meet its obligations as a participant in international commissions, including those dealing with American 

boundaries and related matters with Canada and Mexico, and 

international fisheries commissions. 

SEC. 115. MIGRATION AND REFUGEE ASSISTANCE. 

This section authorizes $927 million for FY04 and $957 million 

for FY05 for Migration and Refugee Assistance. This is the same 

as the President’s request for FY 04. This program authorizes the 

Secretary of State to provide assistance and make contributions for 

migrants and refugees, including contributions to international organizations such as the United Nations High Commissioner for 

Refugees and the International Committee for the Red Cross, 

through private volunteer agencies, governments, and bilateral assistance, as authorized by law. 

The amount of funding authorized in this section would accommodate the admission of 90,000 refugees in fiscal year 2004 and 

100,000 refugees in fiscal year 2005. It also would enable the Department to provide urgently needed increases in United States 

overseas refugee assistance.

Resettlement of refugees in the United States is widely regarded 

as an important tool of refugee protection, not only because it 

serves as a durable solution for individual refugees but also because it helps convince countries of ‘‘first asylum’’ to keep their 

doors open to persons fleeing persecution. All refugees admitted to 

the United States must meet the United States refugee definition, 

which requires a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The United States refugee admissions program protects persons who share our values and have suffered because of 

their adherence to those values. 

The Committee believes that increases in refugee assistance and 

protection funding are needed. The refugee account continues to be 

the only major State Department account which has not received 

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sufficient annual increases since fiscal year 1995 to compensate for 

the effects of inflation. Yet the number of refugees and other persons in need of protection, such as internally displaced persons and 

refugees who have repatriated but have not yet been fully reintegrated in their home countries, is at least as great as it was 

7 years ago, and the per capita cost of providing such protection 

has increased substantially. 

There currently are severe shortfalls in funding in the protection 

budgets of the United Nations High Commissioner for Refugees 

(UNHCR), which is the primary international relief agency that 

provides protection and assistance to refugees worldwide. These 

shortfalls, which by some estimates are as much as $200 million 

annually, have stricken other international and nongovernmental 

organizations, as well, that are devoted to providing food, shelter, 

and other basic necessities to refugees. The shortfalls have contributed to increased instability, to involuntary and unsafe repatriation, and in some cases to dramatic increases in infant and child 

mortality. 

Refugee protection is a responsibility of all nations. The Committee is discouraged that many countries throughout the world 

are not doing enough to assist refugees who subsist in first countries of asylum, often in desperate, life-threatening circumstances. 

Accordingly, the Committee urges the Department to work with 

other governments throughout the world to encourage them to increase the amount of assistance they provide to the United Nations 

High Commissioner for Refugees and other international relief 

agencies. 

Following are several examples of the urgent needs that will go 

unmet unless the United States and the international community 

respond with additional assistance for refugee protection: 

AFGHANISTAN. Funding levels have failed to keep pace with 

high levels of refugee repatriation, therefore nearly half of the 2 

million refugees in the process of returning home will receive no 

non-food reintegration supplies from UNHCR. Fewer than one in 

five Afghan refugees repatriating to rural areas will receive housing reconstruction/rehabilitation assistance from UNHCR because 

of budget shortfalls. The agency initially had planned to assist 

nearly half of the 1 million Afghans returning to rural areas. 

ALGERIA. Funding constraints forced cutbacks in food deliveries 

to 80,000 refugees from Western Sahara living in arid camps where 

farming was impossible. Projects to provide cleaner drinking water 

for 80,000 refugees from Western Sahara living in camps in Algeria’s Sahara Desert were postponed because of inadequate funds. 

ANGOLA. Because of funding shortfalls, reintegration programs 

and protection monitoring for some 40,000 returnees in rural areas 

have barely begun, and preparations to assist 170,000 Angolan refugees expected to repatriate in 2003 have been delayed. Budget 

problems have slowed pre-positioning of blankets, soap, and potable 

water sites for returnees, creating a potential for serious aid gaps 

when large numbers repatriate. 

ERITREA. Plans to transfer nearly 3,000 Somali refugees to a location with improved living conditions have been cancelled because 

of budget problems. The refugee population will remain in a transit 

camp with inadequate latrines, poorly equipped schools, and other 

substandard services. 

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ETHIOPIA. Budget constraints impeded the hiring of nutritional 

experts to monitor potential malnutrition in camps housing 100,000 

refugees from Sudan and Somalia. 

GUINEA. Tens of thousands of Liberian refugees continue to live 

outside of camps without regular assistance in part because funding problems have slowed expansion of existing camps and muchneeded construction of new sites. Some 14,000 Liberian and Sierra 

Leonean refugee children are expected to lose access to schools and 

370 teachers will be dismissed because of budget problems. Forty 

projects to help Senegalese refugees support themselves have been 

canceled because of funding shortfalls. 

KENYA. This country has multiple refugee assistance needs. 

Budget problems forced a 25 percent cut in food rations for up to 

80,000 Sudanese refugees. The UNHCR reports that financial constraints may force them to stop supplying firewood to thousands of 

Sudanese refugee women, thereby potentially exposing them to 

rape and robbery while they leave refugee camps to collect firewood 

individually. UNHCR also reports that because of budget constraints, health workers are canceling a counseling program for Somali and Sudanese refugee women victimized by rape and other violence. Sexual violence against women and girls amid the nearly 

quarter-million refugees in Kenya has long been a problem. 

SIERRA LEONE. This country has extensive refugee assistance 

needs, and recently relief agencies suspended the repatriation of up 

to 50,000 Sierra Leonean refugees in order to shift limited funds 

to emergency programs for 30,000 new Liberian refugees flooding 

into the country. Thousands of Sierra Leonean refugees repatriated 

to regions of the country that lack adequate UNHCR staff and reintegration assistance because of budget constraints. Aid workers 

estimated at mid-year that 90 percent of essential reintegration 

needs, such as potable water and education, were being ignored in 

some areas of the country because of funding and staffing shortfalls. UNHCR only fielded three protection officers to monitor the 

safety of 150,000 returned Sierra Leonean refugees and 30,000 Liberian refugees, many of them living in potentially insecure border 

areas. 

SEC. 116. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS. 

This section authorizes $317 million in FY 04 and $320 million 

in FY 05 for voluntary contributions to international organizations. 

Subsection (b) authorizes $6,000,000 in FY 2004 and $7,000,000 

in FY 2005 of the total account for the United Nations Voluntary 

Fund for Victims of Torture. 

Subsection (c) establishes an Organization of the American 

States (OAS) model port program in the Latin American and Caribbean region. 

Numerous United States Government (USG) agencies, including 

the State Department, Customs, and the Maritime Administration, 

among others, operate programs in Latin America and the Caribbean to improve port security. These programs, however, are not 

coordinated to maximize the efficiency, reduce the costs, and optimize the performance of the security practices and technologies 

that have been integrated so far. 

In response to this problem, the Committee authorizes 

$2,000,000 to the President only for a voluntary contribution to the 

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Organization of American States (OAS) for the purpose of improving port security in the Western Hemisphere through the development of a model port in a Latin American or Caribbean country. 

The OAS, in collaboration with appropriate United States agencies, 

should seek to develop best security practices in and provide appropriate technologies for the model port. The Committee expects that 

the model port will serve as a platform on which other port security officials from other countries in the region may learn and 

adopt practices and technologies which are best suited for their 

particular circumstances. 

Subsection (d) requires the withholding from U.S. voluntary contributions to the UNDP of an amount equal to the amount UNDP 

intends to spend in Burma in FY 2004 and FY 2005, unless the 

President certifies to Congress that UNDP programs in Burma are 

meeting certain standards. 

Subsection (e) requires that the United States make a $50 million contribution to the United Nations Population Fund (UNFPA) 

in fiscal years 2004 and 2005. The section also makes changes to 

the existing statutory guidelines for voluntary contributions to 

UNFPA. This subsection states that funds appropriated to the 

President or the State Department for voluntary contributions to 

UNFPA may be obligated and expended beginning 30 days after 

such funds become available, and only if the President makes a 

certification to Congress that UNFPA does not directly support or 

participate in coercive abortion or involuntary sterilization. The 

certification authority of the President under this section may not 

be delegated. 

The section also clarifies the use of the term ‘‘directly supports 

or participates in coercive abortion or involuntary sterilization.’’

This term 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. 

SEC. 117. VOLUNTARY CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES. 

This section authorizes $110 million for FY 04 and $110 million 

for FY 05 for voluntary contributions to international peacekeeping. The provision also states that of the total, $40 million for 

FY 04 and such sums for FY 05 is authorized for peacekeeping activities in Africa. 

Subsection (b) authorizes $40 million for the Africa Regional 

Peacekeeping Account ($16 million over the Administration’s request) for the fiscal year 2004 and such sums as may be necessary 

for the fiscal year 2005 to bolster our peacekeeping training and 

development initiatives with Africa regional organizations. Africa 

faces major civil conflict in West Africa, the Great Lakes Region, 

and insurgencies and states near collapse in West, Central, and 

East Africa. U.S. bilateral peacekeeping assistance will help build 

Africa’s capacity to deal with regional and state conflicts, and 

strengthens African support for U.S. interests in the region. It is 

in keeping with our bilateral interests in Africa that we keep our 

commitment to help Africans build and keep peace by sustaining 

our peacekeeping operations. 

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SEC. 118. GRANTS TO THE ASIA FOUNDATION. 

This section authorizes $18,000,000 for Fiscal Year 2004 and 

$18,000,000 for Fiscal Year 2005 for the activities of the Asia Foundation. 

Subtitle B—United States International Broadcasting Activities 

SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS. 

This section authorizes $657 million in FY 04 and $651 million 

in FY 05 for international broadcasting activities, including broadcasting to Cuba, the Middle East, and capital improvements. 

Consistent with H.R. 3969 from the 107th Congress, this section authorizes $130,240,000 above the Administration’s request— $76,850,000 in FY 04 and $53,390,000 in FY 05—to expand television and radio broadcasting to countries with predominately Muslim populations and to support audience development. This will ensure full funding for the Middle East television network and support other important broadcasting enhancements in the Middle 

East, South Asia, and Southeast Asia. The increase will also add 

back funds to continue broadcasts to Eastern Europe and provide 

additional funds for the purpose of countering internet jamming. 

The purpose of these efforts is to increase knowledge of America 

and its policies and provide an accurate and objective source of 

news and information. 

The Broadcasting Board of Governors has already created a Middle East Radio Network (‘‘Radio Sawa’’) to enhance the impact of 

U.S. international broadcasting in the Arab world. By targeting 

young audiences, using new radio formats, and transmitting on the 

AM, FM, and satellite frequencies used by listeners in the region, 

this powerful initiative has delivered unprecedented audiences for 

unbiased news and information. However, the committee also recognizes the huge untapped television market in the Middle East. 

Television is increasingly the communications medium of choice in 

the region, and the United States message must be present on this 

medium to counterbalance the anti-American coverage of local and 

regional stations. This section authorizes $36 million for the Middle East Television Network—$6 million above the budget request—to ensure 

that the station has sufficient funds to meet all operational requirements as it begins the challenging mission to provide 

journalistically sound and attractive programming to the Arabspeaking world. The authorization also includes an additional $30.25 million to 

expand radio and television in the Farsi and Urdu languages. Approximately $8 million of this amount would provide for new highpowered medium wave (AM) transmission for broadcasting in Urdu 

to Pakistan, a key partner in the war on terrorism. VOA currently 

broadcasts only 3 hours daily in Urdu to that country, all on shortwave. Audience levels have historically been low. This increase 

would fund 12 or more hours a day of broadcasting in Urdu using 

a mode of transmission that Pakistanis prefer. 

Approximately $1.5 million would fund an upgrade to the Kuwait 

medium wave transmitter for Farsi language radio broadcasting to 

Iran. In addition, the VOA’s popular television programming to 

Iran would increase from two and a half hours a week to an hour 

or more daily. Daily television use and satellite dish ownership in 

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Iran are high. VOA’s weekly satellite TV program, ‘‘Roundtable 

with You,’’ attracts a high volume of audience phone calls, indicating a receptive market. The authorization also includes $38.5 million to increase radio 

and television programming in Bahasa Indonesian, Javanese, 

Malay, and Tagalog to enable VOA and Radio Free Asia to reach 

sizeable Muslim populations in Indonesia, Malaysia and the Philippines in relevant media. New funding for broadcasting to this region would secure badly needed high-powered medium wave transmitters, FM licenses, and satellite equipment and circuits. It allows 

VOA to expand current broadcasts of 31⁄2 hours a day in Bahasa 

to up to twelve hours daily, and extend the 11⁄2 weekly hours of television programming to up to six hours daily. It would further 

drive the development of new radio service in the appropriate 

vernacular languages for Malaysia and the Philippines. Finally, the authorization includes $2.1 million for audience development, which will allow the BBG to increase awareness of its 

programs and the channels and/or frequencies in which it broadcasts by advertising through a variety of media. 

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND 

ACTIVITIES 

Subtitle A—United States Public Diplomacy 

SEC. 201. FINDINGS AND PURPOSES. 

This section sets forth the importance of using public diplomacy 

as a means to reach out to the people of the world. It also recognizes that public diplomacy is a significant tool for United States 

foreign policy and requires a coordinated strategy for the use of 

public diplomacy resources. 

SEC. 202. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE. 

This section amends the State Department Basic Authorities Act 

of 1956 to provide a description of the Secretary of State’s public 

diplomacy responsibilities. It states that the Secretary of State 

shall develop a comprehensive strategy (in coordination with the 

U.S. International Broadcasting Agency) with measurable objectives for the use of public diplomacy resources, to assume a prominent role in coordinating the efforts of all Federal agencies involved 

in public diplomacy, and to ensure that the public diplomacy strategy of the United States is cohesive, and aggressively counters misinformation and propaganda about the United States. The Secretary is also required each year to analyze the impact of public diplomacy efforts and submit a report to Congress. 

This section also requires the Secretary of State to establish a 

Public Diplomacy Reserve Corps that can be called upon in times 

of emergencies when additional personnel and expertise are required. 

Finally, this section sets forth the duties of the Under Secretary 

for Public Diplomacy. The Under Secretary is given responsibility 

for formation, supervision, and implementation of United States 

public diplomacy policies, programs, and activities and provides 

guidance to public diplomacy personnel. 

New subsection 57(d)(1) of the State Department Basic Authorities Act, as added by this section, provides that the Under SecVerDate Jan 31 2003 01:42 May 18, 2003 Jkt 019006 PO 00000 Frm 00097 Fmt 6659 Sfmt 6602 E:\HR\OC\HR105P1.XXX HR105P1
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retary of State for Public Diplomacy shall provide the U.S. International Broadcasting Agency with statements of official United 

States policy for broadcast by the Agency at the Agency’s discretion, and directs the Department of State to promptly review editorial material prepared for broadcast by the Agency when the 

Agency requests such a review. It is the intent of the Committee 

to ensure that the official policies of the United States Government 

are accurately and persuasively communicated through the Agency. 

The Committee in no way intends to compromise the editorial independence of the Agency, and therefore leaves all final editorial decisions to the Agency. 

Subsection 202(b) requires the Secretary of State in cooperation 

with the United States Agency for International Development to 

ensure that information concerning foreign assistance and projects 

funded by the United States government is disseminated widely 

within countries and regions that receive such assistance. The 

Committee recognizes that there may be instances in which such 

dissemination is not practicable, such as in cases where identification of United States personnel or resources would present a security risk. The Department of State shall report to Congress 120 

days after the end of each fiscal year on the efforts made to disseminate information regarding United States assistance during 

the preceding fiscal year, including specific information concerning 

all instances in which the United States Agency for International 

Development has not identified projects as United States assistance because such identification was not practicable. 

Although this section is designed to ensure the highest level of 

attention by our foreign policy agencies to public diplomacy needs 

and objectives, it does not provide new authority to the Secretary 

of State over the programs or operations of the U.S. International 

Broadcasting Agency. The role of the Board as a firewall against 

political interference in the content of the broadcasts remains unchanged, as is the USIBA’s independence as a discrete Federal 

agency with its own budget authority. The Secretary of State remains a member of the Board of Governors. 

SEC. 203. ANNUAL PLAN ON PUBLIC DIPLOMACY STRATEGY. 

This section requires the Secretary of State, in coordination with 

all appropriate Federal agencies, to prepare an annual review and 

analysis of the impact of public diplomacy efforts on target audiences. On the basis of this review, the Secretary, again in coordination with appropriate Federal agencies, shall develop a plan for the 

implementation of a public diplomacy strategy that specifies goals, 

agency responsibilities, and necessary resources for achieving such 

goals. As with section 202, it is not the intent of this provision to 

suggest an expansion of the Secretary of State’s authority over the 

budgets, programs, or other authorities and responsibilities of other 

Federal agencies. These reports will provide a consolidated picture 

of the state of United States public diplomacy across the variety of 

agencies that conduct such programs. The Committee expects that 

any plans, reviews, and analyses included in these reports shall reflect the consensus views of all Federal agencies participating in 

public diplomacy activities. 

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SEC. 204. PUBLIC DIPLOMACY TRAINING. 

The findings in this section emphasize that the Foreign Service 

should recruit individuals with expertise and professional experience in public diplomacy. This section also encourages the Secretary of State to seek to increase the number of Foreign Service 

Officers proficient in languages spoken in predominantly Muslim 

countries. It is expected that such training will increase the awareness and capacity of more Foreign Service Officers and Chiefs of 

Mission. Thus, the quality and scope of public diplomacy programs 

will be enhanced. 

SEC. 205. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY. 

This section amends current law to require that at least four (4) 

members of the Advisory Commission on Public Diplomacy have 

substantial experience in the conduct of public diplomacy or comparable private sector experience, and requires one member to be 

an American living abroad. It also requires the Commission to report not less than every two years on public diplomacy programs, 

policies, and activities and the effectiveness of such activities. It is 

expected that the Commission will take an active and constructive 

role to assess public diplomacy objectives and provide guidance to 

increase the success of such programs and activities overseas. 

SEC. 206. LIBRARY PROGRAM. 

This section requires the Secretary of State to implement a demonstration program to establish or upgrade foreign libraries to improve literacy and support public education. The purpose of the 

program is to advance American values and the importance of freedom and democracy. 

SEC. 207. SENSE OF CONGRESS CONCERNING PUBLIC DIPLOMACY EFFORTS IN SUB-SAHARAN AFRICA. 

This section states that there are a significant number of sub-Saharan African countries that have predominantly Muslim populations, and it is the sense of Congress that the Secretary should 

include countries in sub-Saharan Africa with predominantly Muslim populations in public diplomacy activities authorized by this 

Act and the amendments made by this Act. 

SEC. 208. THE COLIN POWELL CENTER FOR AMERICAN DIPLOMACY. 

This section authorizes the establishment of the Colin Powell 

Center for American diplomacy, housing a museum, conference center and auditorium to be located in the Department of State’s headquarters at the Harry S. Truman Building. The purpose of the Center is to organize and sponsor educational and outreach programs 

explaining the role of U.S. diplomats and American foreign policy 

in advancing U.S. national interests throughout the history of our 

democracy. The Center is being developed in partnership with the 

non-profit Foreign Affairs Museum Council, a 501(c)3 organization. 

The Committee urges the Department to plan carefully and consult 

closely with Congress as it proceeds with this project, including on 

issues relating to security of the Main State building as well as administration and governance of the Center. The Committee understands that a strategic planning exercise is being conducted to, 

among other things, determine whether the necessary operating 

funds can be raised through voluntary contributions. The ComVerDate Jan 31 2003 01:42 May 18, 2003 Jkt 019006 PO 00000 Frm 00099 Fmt 6659 Sfmt 6602 E:\HR\OC\HR105P1.XXX HR105P1
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mittee looks forward to reviewing this study and assessing its impact on the Department’s plans to establish the Center. 

The Committee believes that the Department can make use of 

the expertise of the Smithsonian Institution in embarking on this 

endeavor, including this transfer of funds under the Economy Act. 

In addition, the Committee believes that any funds that are not 

necessary for the construction of a reasonably designed Center 

should be used to establish a endowment for the operations of the 

Center. 

Subtitle B—Basic Authorities and Activities 

SEC. 221. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS 

THE CAPITAL OF ISRAEL. 

Subsection(a) states that none of the funds authorized to be appropriated by this Act may be expended for the operation of a U.S. 

consulate in Jerusalem unless such a consulate is under the supervision of the U.S. Ambassador to Israel. This provision was carried 

in last year’s Foreign Relations Authorization Act and is repeated 

so as to apply to spending authorized by this Act, as well. 

Subsection(b) states that none of the funds authorized to be appropriated by this Act may be available for the publication of any 

official government document which lists countries and their capital cities unless it identifies Jerusalem as the capital of Israel. 

This provision was carried in last year’s Foreign Relations Authorization Act and is repeated so as to apply to spending authorized 

by this Act, as well. 

Subsection (c) states that for the purposes of the registration of 

birth, certification of nationality or issuance of a passport of a U.S. 

citizen born in the city of Jerusalem, the Secretary shall, upon the 

request of the citizen, record the place of birth as Jerusalem. A 

similar provision was carried in last year’s Foreign Relations Act 

but would now be embedded in the provision of law that authorizes 

the Secretary of State to issue passports, and establishes the rules 

for their issuance (‘‘An Act to regulate the issue and validity of 

passports, and for other purposes’’, approved July 3, 1926 (22 

U.S.C. 211a; 44 Stat. 887)). The Committee believes that its position about language to be inserted in passports is both fully justified and is constitutional under the ‘‘necessary and proper’’ clause 

of Article I of the Constitution and that the President has a duty 

to see that this provision, if enacted, is enforced. 

SEC. 222. MODIFICATION OF REPORTING REQUIREMENTS. 

This section repeals an expiring, temporary reporting requirement relative to terrorist incidents in which Americans are killed 

and related matters and transfers certain of its requirements so 

that they will appear, through May 1, 2005, in the Department of 

State’s widely circulated annual report on ‘‘Patterns of Global Terrorism.’’

SEC. 223. REPORT CONCERNING EFFORTS TO PROMOTE ISRAEL’S DIPLOMATIC RELATIONS WITH OTHER COUNTRIES. 

This section requires an annual report by the Secretary of State 

regarding actions taken by representatives of the U.S. to encourage 

other countries to establish full diplomatic relations with Israel. 

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SEC. 224. REIMBURSEMENT RATE FOR AIRLIFT SERVICES PROVIDED 

TO THE DEPARTMENT OF STATE. 

The Department of Defense provides airlift support to the Secretary of State for official overseas travel on a reimbursable basis. 

The Department of Defense has a two-tiered rate structure for 

charging for such support. At present, the Department of State is 

paying the higher rate, which is nearly twice as much as the lower. 

This section would authorize the Department of State to pay the 

Department of Defense for airlift services at the Department of Defense rate. 

SEC. 225. SENSE OF CONGRESS REGARDING ADDITIONAL UNITED 

STATES CONSULAR POSTS. 

This section expresses a sense of Congress that the Secretary of 

State should make best efforts to establish consulates or a diplomatic presence in three cities: Pusan, South Korea; Medan, Indonesia; and Hat Yai, Thailand. 

SEC. 226. VALIDITY OF UNITED STATES PASSPORTS FOR TRAVEL TO 

COUNTRIES RECEIVING UNITED STATES FOREIGN ASSISTANCE. 

Current law permits the Secretary of State to order that United 

States passports may not be used for travel in, to, or through designated countries. (The only countries so designated are Libya and 

Iraq—including Northern Iraq.) Certain classes of persons are exempt pursuant to a decision of the Secretary.) Violations of the 

order are considered to be criminal offenses. 

This section provides that the Secretary’s power to limit the use 

of passports does not apply with respect to a country, such as Iraq, 

in which the United States is providing assistance authorized by 

the Foreign Assistance Act of 1961, as amended. 

The Committee is concerned that the Department of State has 

been too slow to adjust its policies which now ban the use of passports to travel to Iraq. Foreign nationals may travel to Iraq, but 

Americans are currently barred from using their passports to do so. 

This has, among other things, prevented American businesses from 

establishing themselves there without dealing with bureaucratic 

hurdles and non-transparent procedures. 

The fact that a country is receiving United States foreign assistance should mean that it is sufficiently safe to travel to. With respect to no country, other than Iraq and, formerly, Lebanon, has 

the United States continued to ban the use of the passport after 

United States foreign assistance was provided. 

Modern technology allows the United States government to provide ample warning of safety issues; Americans should then be able 

to assess the risks for themselves and act accordingly. The Committee notes that passports have not been invalidated for travel to 

danger or war zones such as Afghanistan, Liberia, the Ivory Coast, 

and Kosovo, nor to countries where consular services could not be 

provided in the recent past (or at present), such as Afghanistan, 

Kosovo, Tajikistan, and North Korea. 

Finally, the Committee notes that the President retains the 

power to effectively ban travel in an emergency by imposing economic restrictions enforced by the Office of Foreign Assets Control 

of the Treasury Department. 

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SEC. 227. SECURITY CAPITAL COST SHARING. 

This section provides the Secretary of State with the authority 

to establish and implement a Security Capital Cost-Sharing Program which is designed to collect funds from each agency to assist 

in the cost of building new, secure facilities. Beginning in fiscal 

year 2005, the Secretary is authorized to determine on an annual 

basis fees to be collected from other government agencies that have 

personnel assigned overseas and to use such fees to construct safe 

and secure new embassy compounds. The assessment of such costs 

will be based on the number of personnel who will be assigned to 

each overseas facility. The funds expected to be generated by this 

new cost-sharing program are intended to expedite the construction 

schedule for this large number of facilities, shortening it from 

twenty six to twelve years. This provision will also encourage 

rightsizing at overseas posts because agencies will be assuming 

more of the actual costs of an overseas position. 

The Committee notes that while under the current program, furnishings, generators, and certain other items were not purchased 

by the Department of State for the use of other agencies. Because 

all agencies would be continuing the appropriate share of the funding, such restrictions will no longer be necessary. 

SEC. 228. AUTHORITY TO ISSUE ADMINISTRATIVE SUBPOENAS. 

This section provides a narrow administrative subpoena authority for Diplomatic Security agents. Such a subpoena may be issued 

in cases of an ‘‘imminent threat’’ to persons missions or organizations protected by Diplomatic Security under the authority of Section 37(a)(3) of the State Department Basic Authorities Act. The 

authority is similar to one provided to the Secret Service and the 

procedural protections of that provision will apply here. The committee has provided that the power to issue such subpoena could 

be delegate by the Secretary only to the Deputy Secretary, thereby 

assuring close attention to this authority at the highest level of the 

Department. In addition to facilitate oversight of the exercise of 

this authority the Secretary must report annually to the Committee on its use. 

SEC. 229. ENHANCING REFUGEE RESETTLEMENT AND MAINTAINING 

THE UNITED STATES COMMITMENT TO REFUGEES. 

In addition to findings on the United States refugee admissions 

program, this section provides the Department’s Bureau of Population, Refugees, and Migration (PRM) with additional enabling 

tools to more effectively and efficiently identify, refer, and process 

refugees seeking admission to the United States. 

The Committee is concerned that in recent years the United 

States has failed to approach the refugee admission goals established by the President. Though the majority of previous delays in 

processing are attributed to necessary security upgrades instituted 

after the September 11th terrorist attacks in 2001, now that upgrades are in place, the Committee is concerned that refugee admissions numbers continue to remain low. The Committee is confident that the tools provided in this section will better enable the 

Administration to identify, refer, and process refugees for admission to the United States. 

Subsection (a) makes a number of findings with respect to the 

United States’ refugee admissions program, including those that 

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ugee assistance and relief to the world’s refugees fleeing religious 

and other forms of persecution through the Department of State’s 

migration and refugee assistance account; notes the importance of 

a strong refugee resettlement and assistance program as a component of the United States’ commitment to freedom; notes the decline in recent years in the United States’ admission of refugees; 

notes that refugees undergo rigorous security screenings; notes the 

relationship between the United States government, private voluntary agencies, and nongovernmental organizations in refugee 

processing and encourages the greater use of such entities in processing so that the Administration can focus to a greater extent on 

security; and finds that in order to meet the annual 70,000 person 

refugee goals set by the Administration, a broader cross-section of 

the world’s 15 million refugees could be considered for resettlement 

if the Department of State were to expand existing refugee processing categories reserved for refugees of special interest to the 

United States as well as for family reunification. 

Subsection (b) states that the purpose of section 229 is to provide 

the Department with tools to enable it to carry out its responsibilities with greater efficiency with respect to the identification and 

processing of refugee applicants. 

Subsection (c) provides enhancement of refugee identification and 

processing though three means. This subsection states that in addition to the traditional agencies currently being used, where applicable, the Secretary shall: (1) develop and utilize partnerships with 

voluntary resettlement organizations that permit such organizations to assist in the identification and referral of refugees; (2) utilize private voluntary agencies with ties to domestic constituencies 

in the overseas processing of refugees for admission to the United 

States; and (3) establish and utilize Refugee Response Teams to 

augment the ability of the Department to identify and process refugees for admission to the United States by providing a mobile team 

of experts who could be deployed in developing refugee situations. 

The Committee believes that the establishment of Refugee Response Teams, in particular, is expected to enhance the quality of 

refugee resettlement programs, will make the processing of refugees more efficient and effective in areas where traditional agencies 

are unable to meet program needs, and will augment the capacity 

of the United States government to identify, process, assist, and 

counsel individuals for eventual adjudication by the Department of 

Homeland Security. 

Subsection (c)(3)(B) notes that the composition of the Refugee Response Teams shall be comprised of representatives of NGOs and 

private voluntary organizations that have experience in refugee 

law, policy and programs. Voluntary resettlement organizations 

and private voluntary organizations with ties to domestic constituencies are uniquely qualified to assist the Department in successfully identifying a wider-range of refugees for admission to the 

United States. Voluntary resettlement and private voluntary organizations with ties to domestic constituencies have the knowledge 

of and experience with United States law and policy required to effectively identify refugees for admission to the United States. The 

Committee expects that, wherever possible, these organizations will 

be used in lieu of or to augment existing capacity of traditional 

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agencies currently used in the processing of refugees for admission 

to the United States. 

Subsection (c)(3)(C) outlines the responsibilities of the Refugee 

Response Teams, which include: monitoring refugee situations, 

with a view toward identifying refugees whose best durable solution is third country resettlement; preparing profiles and documentation for resettlement consideration; augmenting or establishing an overseas operation, particularly in response to urgent developments; assisting with training and technical assistance to existing international organizations and other processing entities; as 

well as other responsibilities to be determined by the Secretary. 

The Committee intends that the Department make liberal use of 

these three tools and expects that in addition to the report required 

by subsection 229(f), the Department will periodically report to the 

International Relations Committee of the House of Representatives 

and the Foreign Relations Committee of the Senate its utilization 

of these tools and/or rationale for non-use. 

The Committee believes through implementing the directives of 

subsection 229(c), processing will become more effective and efficient and that eventually the use of private voluntary organizations 

in refugee processing will reduce program costs. 

Subsection (d) requires the Secretary of State to establish performance standards to ensure accountability and effectiveness of 

subsection (c) on refugee identification and processing. This section 

is designed to ensure this efficiency through accountability. It requires the Secretary, in consultation with private voluntary organizations and NGOs, to establish performance standards to ensure 

that voluntary agencies performing the identification, referral, and 

processing responsibilities identified in subsection (c) carry out 

those tasks in an accountable and effective manner. 

Subsection (e) states that the Department work to ensure that 

there is adequate planning across fiscal years to fulfill the admission goals that the President establishes each year in his Presidential Determination on Refugee Admissions through expanded 

consideration of particularly vulnerable groups of refugees and by 

encouraging the Department to expand its processing of refugees to 

include a broader cross-section of the refugee population. 

Among the steps included in subsection 229(e) are those requiring the Secretary to work to ensure that the United States refugee 

admissions program give special attention for resettlement processing to particularly vulnerable refugees, including those refugees 

who have been long-stayers in refugee camps or long-stayers in 

first countries of asylum, unaccompanied refugee minors, urban 

refugees, and refugees in women-headed households. It also notes 

the importance of the family reunification in the United States resettlement program by stating that the Department shall work to 

ensure that attempts are made to expand the processing of refugees of all nationalities who have close family ties to United States. 

Subsection 229(e) also requires the Department to make attempts 

to expand the number of refugees considered for admission who are 

of special concern to the United States. Finally, it addresses the 

need to expand access to broader categories of refugees, thereby reducing the incidences of relationship-based misrepresentation on 

the part of bona fide refugees who meet the definition of a refugee 

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but who are not granted interviews for refugee status because they 

do not have close family ties to the United States. 

Subsection (f) requires the Secretary to submit a report to Congress within 180 days after the date of enactment of this Act on 

the Department’s implementation of the provisions in this section—

specifically subsections (c), (d), and (e). The report would concentrate, on the expanded utilization of voluntary organizations in 

refugee identification, refugee processing, and refugee response 

teams, along with an explanation of the Department’s rationale for 

not using such organizations and agencies; efforts by the Secretary 

to implement performance standards for voluntary organizations 

involved in refugee identification, processing, and response teams 

and the success of NGOs and private voluntary organizations in 

meeting such standards; efforts to expand consideration of various 

groups for refugee processing; and efforts to ensure that there is 

adequate planning across fiscal years so as to fulfill the refugee admission goals set forth by the President in his annual Presidential 

Determination on Refugee Admissions. 

Subtitle C—Educational and Cultural Authorities 

SEC. 251. ESTABLISHMENT OF INITIATIVES FOR PREDOMINANTLY 

MUSLIM COUNTRIES. 

This section requires the Secretary to establish public diplomacy 

programs aimed at predominantly Muslim countries around the 

world. The specific programs are: journalism training, English language teaching, sister city partnerships, civics education, youth 

ambassadors, Fulbright Exchange Program, Humphrey fellowships, 

and a library sciences exchange program. The Committee recommends that English language teaching materials should incorporate democratic values. Furthermore such materials should be 

translated into Arabic and Mandarin and other languages as needed to enhance English language teaching objectives. 

SEC. 252. DATABASE OF AMERICAN AND FOREIGN PARTICIPANTS IN 

EXCHANGE PROGRAMS. 

This section requires that, to the extent practicable, the Secretary of State establish and maintain a database of all participants, both American and foreign, in exchange programs. The purpose is to encourage networking and continued communication with 

the alumni of United States exchange programs. 

SEC. 253. REPORT ON INCLUSION OF FREEDOM AND DEMOCRACY ADVOCATES IN EDUCATIONAL AND CULTURAL EXCHANGE 

PROGRAMS. 

This section requires the Secretary of State to provide a report 

to Congress on the implementation of section 102 of the Human 

Rights, Refugee and Other Foreign Relations Provisions Act of 

1996. The purpose of the report is to provide information concerning the number of grants to conduct exchange programs with 

countries whose governments deny freedom and democracy, and 

the extent to which supporters of freedom and democracy within 

these countries are given opportunities to participate in United 

States-funded programs.

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SEC. 254. SENSE OF CONGRESS CONCERNING EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS FOR FOREIGN JOURNALISTS. 

This section expresses a sense of Congress that the Secretary 

should establish a journalism training program for foreign journalists from regions of conflict. 

SEC. 255. SENSE OF CONGRESS REGARDING KOREAN FULBRIGHT 

PROGRAMS. 

In order to expand the reach of Fulbright activities in Korea to 

include those among whom the United States faces the most difficult public diplomacy challenges, this section expresses the sense 

of Congress that Korean participation in Fulbright activities should 

also include students who are: from outside of Seoul; from other 

than elite universities; other than degree-seeking graduate students; and who are preparing for non-academic careers, such as 

government, law, media, and business. 

SEC. 256. AUTHORIZING EAST TIMORESE SCHOLARSHIPS FOR GRADUATE STUDY. 

This section provides flexibility in the East Timorese scholarship 

program by extending the program to graduate students. The current program is designed for undergraduates. 

SEC. 257. PUBLIC SAFETY AWARENESS IN STUDY ABROAD PROGRAMS. 

This section addresses public safety awareness activities for U.S. 

nationals participating in the Bureau of Educational and Cultural 

Affairs study abroad programs. The provision encourages the Bureau to support such activities as part of such programs, and urges 

special attention to public safety issues, including road safety 

abroad. 

Subtitle D—Consular Authorities 

SEC. 271. MACHINE READABLE VISAS. 

This section sets a cap on the use of funds collected by the State 

Department for machine readable visas for fiscal years 2004 and 

2005. Funds exceeding $700 million may only be used subject to a 

reprogramming notification of the relevant House and Senate committees. This provision is carried and updated in each State Department authorization bill. 

SEC. 272. PROCESSING OF VISA APPLICATIONS. 

This provision states that it shall be the policy of the State Department: (a) to process visa applications of immediate relatives 

and fiances of U.S. citizens within 30 days of receiving all necessary documents; and (b) to process applications sponsored by 

someone other than an immediate relative within 60 days. 

SEC. 273. STAFFING AT DIPLOMATIC MISSIONS. 

This section encourages executive branch agencies to right-size 

overseas posts—the process of deploying the right number people 

at the right posts with the right expertise. 

Despite the process outlined in NSDD–38, Staffing at Overseas 

Missions and Their Diplomatic Constituent Posts (June 2, 1982), in 

practice chiefs of mission lack practical authority to determine the 

appropriate staffing requirements at posts. Moreover, the war on 

terrorism, increased AIDS funding in Africa and the Caribbean, the 

new Millennium Challenge Account program, changes to the U.S. 

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entry-exit rules, and a greater emphasis on foreign affairs all promise to increase the workloads of overseas missions, and place greater pressure on chiefs of mission to right-size staff compliments. 

This section gives chiefs of mission another means to administer 

their posts effectively without usurping the authority of the Secretary of State or other executive branch agency heads. 

Under this section, chiefs of mission are required to voice their 

views on the necessity of all executive branch staff positions under 

their authority, whether Department of State or other executive 

branch agencies. This process should occur for each staff element 

at least every five years, though reviews may be handled individually, in small groups, or to include an entire mission. The Department of State shall collect and respond to the reviews received during the year in an annual report, and subsequently share the report with affected agencies and the Inspector General of the Department of State, which includes rightsizing factors in mission inspection reports. 

TITLE III—ORGANIZATION AND PERSONNEL OF THE 

DEPARTMENT OF STATE 

SEC. 301. FELLOWSHIP OF HOPE PROGRAM. 

This section clarifies the authority underlying a current exchange program between U.S. foreign affairs agencies, the European Union, and its member-states, created to promote collaboration among its young leaders. Under this program, Foreign Service 

officers are to serve one-year details at the European Union (EU) 

in Brussels and designated European foreign ministries. After completion of the details at the EU or in the foreign ministries, they 

are assigned to a position in the U.S. embassy in the relevant European capital. Conversely, the State Department also will receive 

members of the diplomatic corps from the European Union and 

designated foreign ministries. 

SEC. 302. CLAIMS FOR LOST PAY. 

This section clarifies the Department’s authority to make technical corrections or enter into settlements of claims or grievances 

brought by its employees involving lost pay, allowances, or differentials. These complaints may involve simple technical errors in the 

payment of salary or benefits, which need to be corrected. Administrative adjustments also may be required. 

The Department is seeking this provision as clarification to resolve back pay claims consistent with the spirit of conciliation that 

underlies settlements generally. This provision is not intended to 

question the current authority of agencies to settle claims without 

admitting fault. 

SEC. 303. OMBUDSMAN FOR THE DEPARTMENT OF STATE. 

This section formally establishes the position of Ombudsman for 

both foreign service and civil service. It enhances the responsibilities of the current Ombudsman (currently a volunteer additional 

duty) for the civil service. The Ombudsman reports directly to the 

Secretary of State. 

SEC. 304. REPEAL OF RECERTIFICATION REQUIREMENT FOR SENIOR 

FOREIGN SERVICE. 

This section repeals the provision in the Foreign Service Act that 

requires the Secretary to establish a recertification requirement for 

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members of the Senior Foreign Service (SFS) that is equivalent to 

the recertification process for the Senior Executive Service (SES). 

Such a process is no longer required for the Senior Executive 

Service as it was repealed in Section 1321 of the Homeland Security Act of 2002 (P.L. 107–296).

SEC. 305. REPORT CONCERNING STATUS OF EMPLOYEES OF STATE 

DEPARTMENT. 

This section requires the Secretary of State to provide a report 

on the merits of the conversion of employees at the State Department to the excepted service. The excepted service provides greater 

flexibility in the management of the Department’s workforce than 

do present civil service and other regulations. The excepted service 

would provide additional career and personal development opportunities for many Department employees. The study should address 

the merits of converting all or part of the Department’s American 

citizen workforce to the excepted service. Currently the State Department maintains separate civil service and foreign service employees. 

SEC. 306. HOME LEAVE. 

This section provides additional flexibility in the home leave program provided under the Foreign Service Act of 1980. First, it allows the Foreign Service personnel to schedule their home leave 

after 12 months of service at a post rather than after 18 months 

as required under current law. Second, the provision delinks rest 

and recuperation travel from the timing of home leave so that 

members of the service are allowed more flexibility in taking each. 

SEC. 307. INCREASED LIMITS APPLICABLE TO POST DIFFERENTIALS 

AND DANGER PAY ALLOWANCES. 

This section increases the cap set in Title 5 for hardship and 

danger pay for government officials serving overseas from 25% of 

base salary to 35% of base salary. The State Department has the 

authority to determine which countries are eligible for such allowances and the percentage rate. The Department and the American 

Foreign Service Association requested this provision as a means to 

encourage people to serve in hardship posts and to draw a greater 

distinction between degrees of danger or hardship at overseas 

posts. The Committee does not believe that all posts are deserving 

of the maximum allowance level. Clear criteria should be in place 

to distinguish hardship or danger variables at each post. The Committee notes that GAO studies of the personnel assignment system 

identify various problems that the Department faces in meeting 

staffing needs at overseas posts particularly at hardship posts. The 

GAO concludes that the Department needs to create incentives 

other than monetary to entice employees to bid on and accept assignments to hardship posts. As a means to guide qualified employees toward hardship posts the Committee strongly urges the Department to pursue GAO recommendations (GAO–02–626) that include making hardship service a criterion in promotion and onward 

assignment decisions, and fully applying the needs of the service 

standard to ensure that hardship assignments are shared equitably. 

The section requires the Secretary to provide the Committee with 

the criteria that will be applied to each percentage level of hardship or danger pay. 

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SEC. 308. REGULATIONS REGARDING RETIREMENT CREDIT FOR GOVERNMENT SERVICE PERFORMED ABROAD. 

This section establishes a deadline for the issuance of regulations 

to implement Section 321 of the Foreign Relations Authorization 

Act, Fiscal Year 2003 (P.L. 107–228), which provides for retirement 

credit for part-time, intermittent, or temporary (PIT) employees 

who worked for the Department overseas as part of the spousal employment program in the 1990’s. Complaints were received from 

the family members about delays at OPM regarding the implementation of this statute and it is hoped this deadline will encourage 

more rapid implementation of this law. 

SEC. 309. MINORITY RECRUITMENT. 

This provision extends the minority recruitment report required 

by section 324 of the Foreign Relations Authorization Act, Fiscal 

Year 2003 (Public Law 107–228) for an additional year. In addition, 

it applies the conditions contained in section 325 of that Act on 

funds authorized for minority recruitment in section 111(a)(1)(E) in 

order to ensure that such funds are used only for programmatic 

purposes and not for salaries, among other things. 

SEC. 310. MERITORIOUS STEP INCREASES. 

This section provides a technical fix to section 406 of the Foreign 

Service Act. Section 406(b) links the award of a MSI to whether the 

person also receives a within class salary step increase. This provision allows greater flexibility in the award of a MSI notwithstanding an award of a class salary step increase. 

TITLE IV—INTERNATIONAL ORGANIZATIONS 

Subtitle A—Basic Authorities and Activities 

SEC. 401. RAISING THE CAP ON PEACEKEEPING CONTRIBUTIONS. 

This provision would set the cap on UN peacekeeping assessments at 27.1 % for calendar years 2005 and 2006. This would 

allow the United States to pay its peacekeeping assessment in full 

in 2004 and 2005. This provision will allow the U.S. to avoid accruing future peacekeeping arrears. 

SEC. 402. REGARDING THE REENTRY OF THE UNITED STATES IN 

UNESCO. 

Subsection (a) makes recommendations to guide the U.S. reentry 

into UNESCO. The Committee is concerned about the pace of the 

planning for the reentry and the number of important decisions 

that need to be made in this regard. Specific recommendations contained in this section reflect the concerns about security of personnel, cost-containment, and appropriate objectives for continuing 

internal reforms at UNESCO. Subsection (b) also contains an authorization for such sums as may be necessary for the annual U.S. 

contribution to UNESCO. 

SEC. 403. UNESCO NATIONAL COMMISSION. 

Upon rejoining UNESCO, each country is required to establish a 

‘‘National Commission.’’ This section updates a 1946 law governing 

the U.S. National Commission for UNESCO. 

SEC. 404. ORGANIZATION OF AMERICAN STATES EMERGENCY FUND. 

This section amends the LIBERTAD Act of 1995 (P.L. 104–114) 

to require the President to work to establish an OAS Emergency 

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Fund for Cuba to deploy human rights monitors to the island and 

authorizing the necessary funds to ensure its creation. This is in 

response to the Cuban government’s intensified crackdown on 

human rights dissidents, independent journalists, independent 

labor leaders, and other pro-democracy advocates. 

SEC. 405. UNITED STATES EFFORTS REGARDING THE STATUS OF 

ISRAEL IN THE WESTERN EUROPEAN AND OTHERS 

GROUP AT THE UNITED NATIONS. 

This section expresses the Committee’s view that the Department of State should undertake concerted diplomatic efforts and to 

take all actions necessary to upgrade and extend Israel’s membership in the Western European and Others Group in UN bodies and 

UN affiliated agencies in New York and throughout the world. It 

is the Committee’s understanding that this temporary agreement 

between Israel and the members of this regional Group expires in 

2004. It also provides for periodic reports to International Relations 

and to other appropriate committees on the steps taken by the Department of State to ensure that Israel is more fully represented 

on all UN bodies. 

Subtitle B—United States International Leadership 

SEC. 431. SHORT TITLE. 

‘‘United States International Leadership Act of 2003.’’

SEC. 432. FINDINGS. 

This section lists findings highlighting the increasingly important role that international organizations and multilateral institutions play in U.S. foreign policy. It also provides findings that U.S. 

efforts to advance goals at these institutions are often blocked because of anachronistic groupings and structures that leave democratic states at a disadvantage, and because the U.S. has not done 

enough to build expertise in multilateral diplomacy. It also finds 

that the U.S. must create a caucus of democratic states if it is to 

overcome the leverage of repressive regimes at these institutions. 

SEC. 433. ESTABLISHMENT OF A DEMOCRACY CAUCUS. 

This section directs the President, acting through the Secretary 

of State, to establish a Democracy Caucus at all UN and broadbased international organizations. 

SEC. 434. ANNUAL DIPLOMATIC MISSIONS ON MULTILATERAL ISSUES. 

This section directs the Secretary of State to ensure that highlevel delegations are dispatched on an annual basis to key foreign 

capitals to promote the U.S. agenda at key international fora such 

as the UN General Assembly and the United Nations Human 

Rights Commission. 

SEC. 435. LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL ORGANIZATIONS. 

This section directs the President, acting through the Secretary 

of State, to use the voice, vote and influence of the United States 

to reform the criteria for leadership and membership at all UN and 

other international organizations of which the U.S. is a member so 

as to exclude, where appropriate, those nations that violate the 

principles of the specific organization. It would also seek to ensure 

that a member state may not assume a leadership position in such 

bodies if it is subject to sanctions imposed by the United Nations 

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Security Council. It also directs the President to work to ensure 

that no member state that has been determined to be a state sponsor of terrorism stand in nomination or be in rotation for a leadership position at any UN or multilateral institution to which the 

United States is a member or for membership of the UN Security 

Council. 

Subsection (b) provides that any time a state sponsor of terrorism assumes a leadership position in such an institution or becomes a member of the UN Security Council, the Secretary of State 

shall submit a report on the steps it took to prevent such an event 

pursuant to subsection (a). 

SEC. 436. INCREASED TRAINING IN MULTILATERAL DIPLOMACY. 

This section amends the Foreign Service Act to require the establishment of a series of training courses for officers on the conduct 

of diplomacy at international organizations and other multilateral 

institutions. 

SEC. 437. PROMOTING ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS. 

This section amends the Foreign Service Act to ensure when considering promotion into the senior levels of the Foreign Service, assignments whose primary responsibility is to represent the United 

States to an international negotiation, organization, or multilateral 

institution be considered favorably. In addition, it requires the Secretary of State to evaluate and report to the Congress on whether 

a new cone (area of speciality) should be established within the 

Foreign Service that concentrates on members of the Service who 

serve at international organizations and multilateral institutions. 

SEC. 438. IMPLEMENTATION AND ESTABLISHMENT OF OFFICE ON 

MULTILATERAL NEGOTIATIONS. 

This section authorizes the Secretary of State to establish within 

the Department of State an Office on Multilateral Negotiations to 

be headed by a Special Representative, appointed by the President, 

who with the advice and consent of the Senate will be designated 

as Ambassador-at Large. The Special Representative’s primary responsibility shall be to assist in the organization of, and preparation for, United States participation in multilateral negotiations. 

Other duties of the Special Representative are to provide advice to 

the President and the Secretary of State on strategies to achieve 

U.S. objectives; to organize a Democracy Caucus; and to undertake 

efforts to reform leadership and membership criteria at international organizations. 

SEC. 439. SYNCHRONIZATION OF UNITED STATES CONTRIBUTIONS TO 

INTERNATIONAL ORGANIZATIONS. 

This section requires the President to submit a plan for resumption by the United States of the payment of its full contribution to 

international organizations at the beginning of each calendar year. 

Presently, the U.S. makes it payments to the UN and other international organizations at the beginning of our fiscal year (October). 

The UN operates on a calendar year, making the U.S. payments 10 

months late, thereby disrupting the UN’s budgeting process, and 

encouraging other key donor states to postpone their own assessments. 

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TITLE V—UNITED STATES INTERNATIONAL 

BROADCASTING ACTIVITIES. 

Subtitle A—Basic Authorities and Activities 

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

This section provides the Board the authority to make annual 

grants for the purpose of carrying out radio and television broadcasting to the Middle East in Arabic. It provides for the establishment of a Mideast Radio and Television Network, Inc. under a corporate structure, similar to that of RFE/RL, Inc. and Radio Free 

Asia. The proposed new grantee would incorporate the existing Arabic service to the Middle East, Radio Sawa, and adds a new 24–

hour-a-day television service, with Middle East Television Network, 

to provide radio and television programming consistent with the 

broadcast standards and principles set forth in the International 

Broadcasting Act of 1994. 

SEC. 502. IMPROVING SIGNAL DELIVERY TO CUBA. 

This provision would provide greater flexibility to the Broadcasting Board of Governors to augment the transmission of Radio 

Marti broadcasts to Cuba. Under existing law, Radio Marti is required to utilize the broadcasting facilities at Marathon, Florida, 

and the 1180 AM frequency that was used by the VOA prior to the 

enactment of the Radio Broadcasting to Cuba Act. The Radio 

Broadcasting to Cuba Act permits the U.S. Government to lease 

broadcast time on commercial medium wave stations for Radio 

Marti if the transmissions from Marathon are jammed, and under 

other certain limited circumstances. This provision would clarify 

the ability of the Office of Cuba Broadcasting to use additional AM 

frequencies, and eliminate outdated restrictions.

This section would allow the BBG to explore alternative methods 

of overcoming Cuba’s long standing jamming of the existing Radio 

Marti transmitter at Marathon, Florida, in accordance with President Bush’s direction to the new OCB Director on July 13, 2001, ‘‘to use all available means to overcome the jamming of Radio and 

TV Marti’’ and his more recent call to ‘‘modernize’’ the services. 

SEC. 503. REPORT CONCERNING EFFORTS TO COUNTER JAMMING OF 

BROADCASTS OF RADIO MARTI AND TV MARTI. 

This section requires a report on the efforts by the Secretary of 

State on specific steps taken to overcome jamming, an evaluation 

of alternative methods being used to counter jamming, and successful methods used by non- U.S. Government entities to counter jamming. In the last two years, the U.S. Government has stated that 

overcoming the Cuban regime’s jamming of Radio and TV Marti is 

priority. 

SEC. 504. PILOT PROGRAM FOR PROMOTION OF TRAVEL AND TOURISM IN THE UNITED STATES THROUGH UNITED STATES 

INTERNATIONAL BROADCASTING. 

This section requires the Broadcasting Board of Governors to 

launch a pilot program for promoting travel and tourism in the 

United States through its international broadcasting. Those communities in the United States which have suffered decreased revenue from tourism since the terrorist attacks of September 11, 

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sulted in developing tourism programming. In mandating ‘‘regular’’ programming, the Committee envisions the BBG promoting tourism through its international broadcasting on a frequent and sustained basis. 

The Voice of America currently is required to promote travel and 

tourism through its broadcasts, in accordance with Sec. 2420 of the 

Foreign Affairs Reform and Restructuring Act of 1998. This pilot 

program would extend such promotional activity to the BBG’s 

grantees, including Radio Free Europe/Radio Liberty, Radio Free 

Afghanistan, etc. 

SEC. 505. RADIO FREE ASIA BROADCASTS INTO NORTH KOREA. 

This section expresses a sense of Congress that the Broadcasting 

Board of Governors should ensure that radio Free Asia increases 

its broadcasts to North Korea from 4 hours a day to 24 hours a 

day. The Kim Jong Il regime makes extensive efforts to control the 

flow of information in North Korea in order to ensure the regime’s 

survival. The amendment also requires a classified report 90 days 

after enactment on steps being undertaken and measures necessary, including the provision of adequate radios, to maximize 

North Korean citizen access to Radio Free Asia and other foreign 

broadcasts. 

SEC. 506. PROHIBITION ON THE ELIMINATION OF INTERNATIONAL 

BROADCASTING IN EASTERN EUROPE. 

Section 121 increases the Broadcasting Board of Governor’s operating accounts above the amounts requested by the Administration 

with the intent of preventing the BBG from discontinuing international broadcasting to Eastern Europe as it had planned. The expected time lapse between the authorization of these additional 

funds and their appropriation by Congress may lead the BBG to 

begin downscaling its operations in this region in the interim. The 

section prohibits the BBG from taking such action by requiring 

broadcasting to continue. 

Subtitle B—Global Internet Freedom 

SEC. 521. SHORT TITLE. 

This section provides that this subtitle may be cited as ‘‘Global 

Internet Freedom Act of 2003.’’

SEC. 522. FINDINGS. 

This section expresses findings that freedom of press and speech 

are fundamental to a free society. Certain countries restrict access 

to the Internet which U.S. international broadcasting utilizes as an 

alternative means to reach people. Therefore, efforts should be 

made to defeat government jamming of the Internet. 

SEC. 523. PURPOSES. 

This section states that the purpose is to establish an office within the Broadcasting Board of Governors to counter Internet jamming. The BBG should employ current technologies that may be 

available commercially to defeat jamming by repressive governments. 

SEC. 524. DEVELOPMENT AND DEPLOYMENT OF TECHNOLOGIES TO 

DEFEAT INTERNET JAMMING AND CENSORSHIP. 

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ment a comprehensive strategy to combat state-sponsored and 

state-directed internet jamming. It also requires that the BBG report on the status of foreign governments’ interference with the 

Internet. 

Subtitle C—Reorganization of United States International 

Broadcasting 

SEC. 531. ESTABLISHMENT OF UNITED STATES INTERNATIONAL 

BROADCASTING AGENCY. 

This section amends the United States International Broadcasting Act of 1994 and renames the Broadcasting Board of Governors the ‘‘U.S. International Broadcasting Agency.’’ It is an independent agency within the executive branch of government. The 

Agency will continue to be headed by a nine-member, part-time, bipartisan board, renamed the Board of Governors, appointed by the 

President with the advice and consent of the Senate. The Board 

shall appoint a Director of the Agency who will have designated 

day-to-day operational responsibilities for the Agency. 

These changes will improve the lines of authority and establish 

greater accountability in United States international broadcasting 

operations. The new agency retains the current design, with the 

President appointing a member of the Board as chair. The main 

changes clarify day-to-day responsibilities for broadcasting operations, establish a full-time director who is appointed by the Board 

and has clear lines of authority, and make clear that there is one 

broadcasting organization that is headed by the Board which exists 

as an independent agency within the executive branch. 

This section is designed to strengthen the Board’s ability to adopt 

strategic goals and objectives for the agency and to work to ensure 

that these goals and objectives remain priorities for the broadcast 

entities within the agency as well as corporate grantees. The Committee is aware that the Board has recently adopted a strategic 

plan designed to maximize the impact of U.S. International Broadcasting in regions vital to United States strategic interests. The 

plan envisions a worldwide U.S. International Broadcasting System, creating one integrated United States programming stream 

that would be intended to fulfil the missions both of VOA and of 

the surrogate broadcasting services. The Committee believes that 

numerous aspects of this plan have merit, but that conditions in 

many countries around the world still call for the preservation of 

the distinct and complementary roles of the Voice of America and 

of the surrogate broadcasting services. 

The proposed reorganization assumes the Board of Governors 

will retain a board staff, through which it conducts oversight activities, and its supervision of the corporate grantee broadcast entities.

SEC. 532. AUTHORITIES AND FUNCTIONS OF THE AGENCY. 

This section restates current law (Sec. 305 of the United States 

International Broadcasting Act of 1994) with respect to the duties 

and responsibilities of the Agency. 

SEC. 533. ROLE OF THE SECRETARY OF STATE. 

This section amends current law (Section 306 of the U.S. International Broadcasting Act) by deleting an out-of-date reference to 

WorldNet programming and restating that the Secretary of State 

shall provide such information and guidance on foreign policy and 

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public diplomacy issues to the Agency as the Secretary considers 

appropriate. 

SEC. 534. ADMINISTRATIVE PROVISIONS. 

This section makes certain technical, administrative and personnel changes. 

SEC. 535. BROADCASTING BOARD OF GOVERNORS AND INTERNATIONAL BROADCASTING BUREAU. 

This section abolishes the International Broadcasting Bureau. It 

has been identified as one of the areas that has caused confusion 

in the management of the Agency. 

In 1994, PL 103–236, the Foreign Affairs Authorization Act for 

fiscal years 1994 and 1995, established the International Broadcasting Bureau within the United States Information Agency 

(USIA) as part of an overall restructuring of international broadcasting. The director of the International Broadcasting Bureau 

(IBB) was required to be appointed by the Chairman of the Broadcasting Board of Governors in concurrence with the other Board 

members and in consultation with the Director of USIA. The Foreign Affairs Reform and Restructuring Act, Title A of the Foreign 

Affairs Authorization Act for fiscal years 1998 and 1999, PL 105–

277 (signed in October 1998), merged USIA into the State Department and made the IBB Director a presidential appointee. However, the position remained unfilled until December 9, 2002. 

Since its creation in 1994, the Broadcasting Board of Governors 

employed a staff including an executive director in addition to the 

IBB Director. At times this organizational structure has created 

confusion about lines of authority and resulted in less than optimal 

management of the broadcast services and the surrogate operations. 

Therefore, this provision eliminates the requirement for the 

International Broadcasting Bureau—whose authorities are subsumed by the Agency—and the Director position. Section 301 allows the Board of Governors to appoint a Director of the Agency 

who will also serve as the executive director for the Board. These 

changes are intended to streamline the organization, eliminate 

lines of authority and improve the overall daily management of our 

international broadcasting operations. The proposed reorganization 

assumes the Board of Governors will retain a board staff. 

SEC. 536. TRANSITION. 

This is a technical provision that provides for a seamless transition from the current structure to the new Agency. 

SEC. 537. CONFORMING AMENDMENTS. 

This section provides technical conforming amendments to current law. 

SEC. 538. REFERENCES. 

This technical provision states that any references to the previous Broadcasting Board of Governors will be deemed to mean the 

U.S. International Broadcasting Agency. 

SEC. 539. BROADCASTING STANDARDS. 

This provision amends current law by adding that the Broadcasting Agency shall seek to ensure that resources are allocated to 

broadcasts directed at people whose governments deny freedom of 

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expression or where the provision of objective news and information is necessary. 

SEC. 540. EFFECTIVE DATE. 

This title becomes effective 6 months after enactment. 

Title VI—International Free Media Act of 2003 

SEC. 601. SHORT TITLE. 

This section provides that the title may be cited as the ‘‘International Free Media Act of 2003.’’

SEC. 602. DEFINITIONS. 

This section defines the term ‘‘free media’’ as used throughout 

the title. 

SEC. 603. FINDINGS. 

This section expresses findings regarding the importance of supporting free media to promoting U.S. national interests, human 

rights, and democracy worldwide. It describes the various means by 

which foreign governments suppress free media, and explains the 

negative consequences of unprofessional and unethical journalism. 

Specifically, it cites provisions of the International Covenant on 

Civil and Political Rights (to which the United States is a party) 

prohibiting hateful media that incites discrimination, hostility or 

violence. This section also describes the dangers of restricting access to free media and affirms the responsibility of foreign governments to discourage unprofessional and unethical journalism. Finally, this section acknowledges the positive contributions past 

U.S. Government efforts have made to the development of free 

media, and stresses the importance of continuing such efforts. 

SEC. 604. STATEMENTS OF POLICY. 

This section asserts that it is United States policy to promote 

free media worldwide, respect journalistic integrity and editorial 

independence, and utilize widely-accepted standards for professional and ethical journalistic and editorial practice. 

SEC. 605. COORDINATOR FOR INTERNATIONAL FREE MEDIA. 

This section establishes a Coordinator for International Free 

Media, who is appointed by the President and confirmed by the 

Senate. The President may designate an existing State Department 

employee as the Coordinator, although this would not exempt him 

or her from Senate confirmation. 

The Coordinator is charged with coordinating all activity of the 

U.S. Government designed to promote press freedoms and free 

media, including: training; assessing free media worldwide according to widely-accepted standards, including those set in the International Covenant on Civil and Political Rights; promoting professional and ethical journalism; advising the President and Secretary 

of State on press freedom and free media policy; and representing 

the United States on these issues. The Coordinator is also charged 

with contributing to the annual human rights country reports and 

with administering the International Free Media Fund established 

in Section 607. 

In addition, this section provides the Coordinator with a list of 

factors to consider in assessing free media worldwide. These factors 

include the characteristics of the media market, the degree of government censorship, the existing legal environment, and the extent 

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sional standards. In addition, the Coordinator is required to consult 

with U.S. foreign mission personnel in assessing international 

media. 

This section also requires the Secretary of State to provide the 

Coordinator with the necessary staff and funding to fulfill his or 

her duties. 

SEC. 606. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY AND INTERNATIONAL MEDIA. 

This section amends the U.S. Information and Educational Exchange Act of 1948 (22 U.S.C. 1469) to rename the U.S. Advisory 

Commission on Public Diplomacy and expand its duties to include 

advising the Coordinator for International Free Media. The renamed ‘‘U.S. Advisory Commission on Public Diplomacy and International Media’’ is also charged with consulting with the Coordinator on the administration of the International Free Media Fund 

established in Section 607. 

SEC. 607. INTERNATIONAL FREE MEDIA FUND. 

This section establishes the International Free Media Fund and 

authorizes $15 million to be appropriated for the Fund. The Fund 

is administered by the Coordinator, in consultation with the Commission, for the purpose of promoting press freedoms and free 

media worldwide. The Fund may be used to provide grants, contracts, technical assistance or material support to free media organizations that adhere to widely-accepted standards of ethical and 

professional journalism. This section prohibits the Fund from being 

used to support hateful media that incite discrimination, hostility 

or violence. It also stresses the importance of enabling free media 

to become financially viable and supporting journalists who have 

received training. An annual report detailing the Fund’s activity is 

required, as is consultation with appropriate State Department and 

U.S. foreign mission officials. 

SEC. 608. FREE MEDIA PROMOTION ACTIVITY OF THE BROADCASTING 

BOARD OF GOVERNORS. 

This section requires the Broadcasting Board of Governors to 

promote international free media, and mandates a report on cultivating affiliate relationships and enhancements in foreign journalist training for this purpose. In addition, there is authorized to 

be appropriated $2.5 million for FY04 and $2.5 million for FY05 to 

the Broadcasting Board of Governors for supporting free media in 

countries in which U.S. international broadcasting is decreasing. 

TITLE VII—MISCELLANEOUS PROVISIONS 

Subtitle A—Reporting Requirements 

SEC. 701. REPORTS ON BENCHMARKS FOR BOSNIA. 

This section would eliminate reporting requirements on progress 

toward achieving the benchmarks for a sustainable peace process 

in Bosnia that must be done as long as U.S. ground combat forces 

continue to participate in the Stabilization Force (SFOR). Significant reductions in U.S. and allied troops have continued regularly 

since 1998. Regular briefings to congressional staff (and Members, 

as desired) are sufficient to address continuing concerns. This is a 

very time-consuming report for the Departments of State and Defense. 

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SEC. 702. REPORTS TO COMMITTEE ON INTERNATIONAL RELATIONS. 

This section requires the Secretary of State to submit all reports 

required by law, regardless of which Committee requests them, to 

the Committee on International Relations. This will ensure that reports required in appropriations acts or other laws are forwarded 

to Committee on International Relations. 

SEC. 703. REPORTS CONCERNING THE CAPTURE AND PROSECUTION 

OF PARAMILITARY AND OTHER TERRORIST LEADERS IN 

COLOMBIA. 

This section makes numerous findings regarding the continuing 

security threat posed by the Self-Defense Forces of Colombia (AUC 

or paramilitaries), the AUC’s abysmal human rights record, and remaining links between the Colombian Security Forces and the 

paramilitaries. The section also requires the Secretary of State to 

report bi-annually to Congress regarding the amount, destination, 

and effectiveness of United States assistance which is dedicated to 

apprehending the leaders of the three Foreign Terrorist Organizations operating in Colombia—the AUC, the Revolutionary Armed 

Forces of Colombia (FARC), and the National Liberation Army 

(ELN) of Colombia, and to describe the status of investigations and 

prosecutions by the Colombian Attorney General’s office of these 

same individuals. 

The Committee remains concerned about the illegal activities of 

not only the FARC and the ELN but also of Colombia’s ‘‘self-defense’’ or paramilitary groups, one of the worst violators of human 

rights in Colombia’s war, responsible for at least half of all noncombatant killings, torture, and disappearances. Because of their 

record of abuse, the paramilitaries’ main umbrella organization, 

the AUC, has been on the State Department’s list of foreign terrorist organizations since 2001. The Committee believes that Colombia’s government, as of yet, has not committed at every level to 

confronting the paramilitaries and protecting civilians from paramilitary abuses. While conditions on U.S. assistance have contributed to significant improvements in the Colombian security forces’

will to challenge and attack paramilitary groups, the State Department’s March 31, 2003 report on human rights practices in Colombia finds that some collusion with the AUC continued in 2002. 

Therefore, the report required by this section is intended to help 

ensure that U.S. assistance to apprehend paramilitary and guerrilla leaders does not suffer the fate of earlier Colombian government initiatives which produced few lasting results. 

The Committee makes two additional cautionary notes. Efforts to 

gather intelligence on the location of paramilitary and guerrilla 

leaders as well as to detain and prosecute them should continue so 

as to ensure that these individuals, particularly those individuals 

who have U.S. indictments pending against them, can be pursued, 

captured, and brought to justice at the appropriate time. This is 

the primary reason that the Committee is requesting the data identified in this section. Second, the record of the office of the Colombian Attorney General should be scrutinized carefully to distinguish between apparent action, e.g., the opening of cases, and effective measures that lead to the successful prosecutions of paramilitary and guerrilla leaders. 

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SEC. 704. REPORTS RELATING TO MAGEN DAVID ADOM SOCIETY. 

Section 704 amends section 690 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228) to require the 

Secretary of State to report to the Committees on International Relations in the House and Foreign Relations in the Senate, describing the efforts by the United States to obtain full membership for 

the Magen David Adom in the International Red Cross Movement; 

efforts by the International Committee of the Red Cross to obtain 

full membership for the Magen David Adom in the International 

Red Cross Movement; efforts of the High Contracting Parties to the 

Geneva Convention of 1949 to adopt the October 12, 2000, draft additional protocol; and the extent to which the Magen David Adom 

is participating in the activities of the International Red Cross and 

Red Crescent Movement. The first report is due 60 days after date 

of enactment and annually thereafter, and may be classified if necessary. 

SEC. 705. REPORT CONCERNING THE RETURN OF PORTRAITS OF HOLOCAUST VICTIMS TO THE ARTIST DINA BABBIT. 

This section requires a report within 6 months of enactment describing the diplomatic efforts the U.S. has taken to facilitate the 

return of the paintings that have been requested by Dina Babbit. 

SEC. 706. REPORT TO CONGRESS ON USE OF VESTED ASSETS. 

This provision amends the International Emergency Economic 

Powers Act to provide that any foreign assets frozen and vested 

pursuant to the authority of that Act may not be used until the 

President notifies the Committee and the Foreign Relations Committee of the Senate of the purpose for which such vested funds 

shall be used. 

SEC. 707. REPORT CONCERNING THE CONFLICT IN UGANDA. 

This section expresses a sense of Congress that the U.S. should 

exhaust all diplomatic means to support an immediate peaceful 

resolution to the 16-year old conflict in Northern Uganda. It also 

requires a report by the Secretary of State on actions taken to seek 

a solution to the conflict and on humanitarian assistance efforts in 

northern Uganda. 

The Committee recognizes and supports the strong role of the 

Acholi religious leaders and other non-governmental actors in helping facilitate a peaceful resolution to the conflict and calls on the 

US to be supportive of these initiatives. 

The Committee applauds the significant success the Ugandan 

government has had in addressing the HIV/AIDs crisis through implementing the ABC approach—abstinence, be faithful, and if necessary use condoms, but expresses serious concern for the grave 

humanitarian and development needs in Northern Uganda. 

The Committee believes that the Secretary should work with the 

Administrator for the United States Agency of International Development to ensure that sufficient funds are spent on food, medicine, 

medical and vocational training, and reintegration programs for 

formerly-abducted children for persons displaced as a result of civil 

conflict in Northern Uganda. 

SEC. 708. REQUIREMENT FOR REPORT ON UNITED STATES POLICY TOWARD HAITI. 

This section makes findings concerning the moral imperative of 

the United States to alleviate the humanitarian crisis in Haiti and 

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the need for the United States Government (USG) to help develop 

a concerted approach to resolving Haiti’s long-standing political 

and economic crisis. The section also requires that the Secretary of 

State, in consultation with the Secretary of Treasury, submit to 

Congress within 60 days a report which describes USG activities 

to promote elections in Haiti, assesses the appropriateness of Resolution 822 of the Organization of American States as the framework for resolving the political and economic crisis in that country, 

and recommends methods for facilitating the release of loans by the 

Inter-American Development Bank. 

SEC. 709. REPORT ON THE EFFECTS OF PLAN COLOMBIA ON ECUADOR. 

This section finds that the Secretary of State has not submitted 

to Congress, as required by the Foreign Relations Authorization 

Act for fiscal year 2003, a report on the impact of Plan Colombia 

on Ecuador and the other adjacent countries to Colombia. The section requires, among other things, that the Secretary of State submit within 30 days a report to Congress which sets forth a statement of policy and comprehensive strategy for the United States 

for addressing the spillover effects of Plan Colombia on these countries. 

The Committee notes that in the seven-page report dated March 

4, 2003, the Department of State included only four short paragraphs on the spill-over effects of Plan Colombia on Ecuador and 

the other countries. Recognizing that the Department must have a 

more elaborated statement of policy and comprehensive strategy for 

addressing this problem, the Committee again requires that the 

Secretary of State submit a report to Congress on this issue. It is 

the Committee’s expectation that such a report will address in detail not only the counter-drug repercussions of Plan Colombia and 

its successor programs on Ecuador and the other adjacent countries, but also the humanitarian and economic development implications of increased eradication efforts for these countries. 

SEC. 710. REPORT ON ACTIONS TAKEN BY PAKISTAN. 

This section requires the President to submit a report that contains a description of the extent to which the Government of Pakistan has closed terrorist training camps, established measures to 

prohibit infiltration over the Line of Control, and ceased the transfer of weapons of mass destruction to any third country or terrorist 

organization. 

SEC. 711. REPORT ON DEMOCRACY IN THE WESTERN HEMISPHERE. 

This section makes several findings regarding the prerequisites 

for consolidating democracy in any country, the apparent dearth of 

these factors in the hemisphere, the resulting potential effect on 

the future of democracy, and the subsequent need for the United 

States to enhance its democracy-promotion efforts in the region. 

The section requires the Secretary of State, in coordination with 

relevant agencies, to submit a one-time report to Congress on the 

state of democracy in the hemisphere. The report shall address key 

elements of democracy in almost all the countries of the western 

hemisphere and provide an assessment of the presence—or lack 

thereof—of each element on certain aspects of democracy. The report also shall describe and assess current democracy-promotion 

programs in each country. 

121

The Committee notes that a long-standing goal of the United 

States has been to foster democratic forms of government in the 

western hemisphere. However, the goal of a hemisphere comprised 

of robust democracies has not yet been achieved. The Committee 

increasingly is concerned that the failure of many countries to safeguard the civil, political, and human rights of their peoples as well 

as provide them with economic opportunities may encourage these 

societies to retreat from a sustained commitment to democracy. Recently, a Government Accounting Office report on U.S. democracypromotion efforts in six specific countries in the hemisphere found 

that these efforts have ‘‘had a modest impact to date’’ because of 

poor coordination among U.S. agencies and a lack of sustainability 

and resources, particularly from host countries. 

Now is the time to refocus on efforts to promote democracy in the 

hemisphere. The report that this section mandates will provide, in 

a single reference source, a factual basis for that revitalization. The 

report will also provide a basis for exploring new avenues of democracy-promotion, including the creation of a permanent learning center for democratic leaders of the hemisphere. The Committee expects the report to be a balanced, detailed analysis of this subject 

and not simply a listing of facts or assertions. 

SEC. 712. REPORT CONCERNING INTERNAL AND INTRA-REGIONAL 

CONFLICTS IN THE GREAT LAKES REGION OF AFRICA. 

This section details the costs, the causes, and the magnitude of 

the ongoing conflicts in the Great Lakes region of Central Africa. 

It expresses the sense of Congress that the United States should: 

undertake a full scale diplomatic effort to help resolve these conflicts peacefully; urge all rebel forces to stop the abduction of children; make technical assistance available to combat armed extremist paramilitary and militarist rebel organizations; monitor and 

support negotiations conducted by other third-party institutions; 

provide relief to municipalities supporting displaced populations; 

provide resources to demobilization efforts; condition military assistance to any nation which acts to destabilized the Democratic 

Republic of Congo; and appoint a special envoy to the Great Lakes 

region. This section also directs the Secretary of State to report to 

Congress not later than 180 days after enactment of this Act, and 

not later than April 1 of each subsequent year on the comprehensive actions taken by the United States in promoting peaceful and 

immediate solutions to conflicts in the Great Lakes region. 

Subtitle B—Other Matters 

SEC. 721. SENSE OF CONGRESS RELATING TO EAST TIMOR, JUSTICE, 

AND REHABILITATION. 

This provision expresses a the sense of Congress regarding the 

ongoing need for justice related to crimes committed by the Indonesian military and Indonesian supported militias in East Timor. 

The Committee supports efforts by East Timor’s Commission for 

Reception, Truth and Reconciliation to consolidate peace and reconciliation and encourages the President to expeditiously assist in 

the provision of information requested in the January 24, 2003 letter from the Commission. 

The Committee supports the extension of the mandate of the 

joint UN–East Timor Serious Crimes Investigation Unit and the 

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Special Panel for Serious Crimes beyond May 2004 to pursue justice and avoid a backlog of cases lacking investigation and trials. 

The Committee encourages the UN and Indonesian authorities to 

continue to resolve the situation of the approximately 28,000 East 

Timorese remaining in Indonesia. In light of the recent resumption 

of killings and other crimes in East Timor by militia members 

based in Indonesia it is particularly urgent that the remnants of 

militia organizations be quickly removed from the border area. It 

is also important to provide decent humanitarian conditions and to 

ensure freedom of choice in repatriation and resettlement, particularly for those who may still be subject to intimidation by militia 

organizations. 

SEC. 722. SENSE OF CONGRESS CONCERNING HUMAN RIGHTS AND 

JUSTICE IN INDONESIA. 

This section expresses concern that members of the Indonesian 

security forces continue to commit many serious human rights violations, particularly in areas of conflict such as Aceh, Papua, the 

Moluccas, and Central Sulawesi. It also expresses other concerns in 

the region. 

The Committee urges every effort be made to salvage the Framework Agreement on Cessation of Hostilities in Aceh (COHA). The 

Administration should strongly urge the Indonesian Government 

and military to halt the present build-up of troops and military 

equipment in Aceh and to abandon plans for intensified military 

operations in Aceh, and press the Indonesian Government and the 

Free Aceh Movement (GAM) to resume talks within the framework 

of COHA, so as to bring about a reduction in the level of armed 

conflict in Aceh. 

The Committee is deeply concerned by reports of an Indonesian 

military campaign targeting civilians in the Central Highlands of 

Papua, which reportedly includes the burning of villages and torture and killing of detainees. The Committee notes the lack of justice in the trial for the murder of Papuan civic leader Theys Eluay, 

which was treated as an ordinary crime rather than a political killing, and which has resulted only in very lenient sentences for lowranking Special Forces (Kopassus) officers. The Committee also has 

concerns regarding the Presidential Decree of January 2003, which, 

over objections from people within Papua, would divide Papua into 

three provinces, in violation of the government’s own Special Autonomy Law for Papua. 

The Committee expresses concern over assistance for the Indonesian military, including the provision of International Military 

Education and Training, because of human rights abuses linked to 

the military and especially because the case involving the killing 

of two U.S. citizens and one Indonesian citizen and the wounding 

of others in the Timika area of Papua on August 31, 2002 remains 

unresolved. The Committee contests that military assistance, if 

given, should be contingent on a the release of a transparent budget audit of the Indonesian military, an end of resistance to the 

principle of civilian control, an improved record with respect to 

human rights abuses carried out by the military as noted in the 

State Department’s Human Rights Report, and the ability of the 

government to hold security forces accountable for crimes against 

humanity in East Timor and serious crimes elsewhere in Indonesia. 

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SEC. 723. AMENDMENT TO THE INTERNATIONAL RELIGIOUS FREEDOM 

ACT OF 1998. 

This section extends for two additional years the authorization of 

appropriations of for the U.S. International Commission on Religious Freedom for each of the fiscal years 2004 and 2005. The 

funding level is straight lined at $3 million. 

SEC. 724. SENSE OF CONGRESS WITH RESPECT TO HUMAN RIGHTS IN 

CENTRAL ASIA. 

This section discusses the countries of Kazakhstan, Kyrgyzstan, 

Tajikistan, Turkmenistan, and Uzbekistan, referred here as ‘‘Central Asia.’’ The section directs the Administration to take progress 

achieved by Central Asia in the areas of democratic reforms, 

human rights, independent media, and non-violent religious groups 

into account when determining the levels of engagement and assistance for each nation of Central Asia. The Administration should 

also ensure that no U.S. assistance benefits security forces in Central Asia implicated in violations of human rights. This provision 

calls on the governments of the nations of Central Asia to make 

documentation of their revenues publicly available and to punish 

individuals engaged in official corruption. It states that the Central 

Asian governments risk undermining the goals of the war on terrorism by continuing to suppress their citizens, and that the increased level of U.S. assistance to these nations can be sustained 

only if there is substantial and continuing progress towards democratization. 

SEC. 725. TECHNICAL CORRECTION TO AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2003 FOR CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST 

AND WEST. 

This section makes an adjustment to align the authorized and 

appropriated levels for the East West Center. This change increases the authorized level for the East West Center for FY 03 

from $15 million to $18 million. This change was requested by the 

State Department because the FY 03 appropriated level for the 

East West Center is $18 million. 

SEC. 726. UNDERSECRETARY OF COMMERCE FOR INDUSTRY AND SECURITY. 

This section is a technical change to ensure that the title of the 

current Under Secretary of Commerce for Industry and Security 

conforms with the name of the Commerce Department bureau overseen by that officer. 

SEC. 727. CONCERNING THE SPREAD OF WEAPONS OF MASS DESTRUCTION. 

This section expresses a sense of Congress calling upon the European Union to develop an aggressive regulatory system to investigate allegations of companies contributing to the development of 

weapons of mass destruction or their sale or transfer to other nations. 

SEC. 728. INTERNATIONAL AGRICULTURE BIOTECHNOLOGY INFORMATION PROGRAM. 

This section directs the State Department to provide other countries with the scientific evidence on the benefits, safety, and potential uses of agricultural biotechnology. Specific objectives for the 

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fits of agricultural biotechnology for human and animal nutritional 

needs and for other purposes. 

SEC. 729. REFUGEE RESETTLEMENT BURDENSHARING. 

This provision expresses a sense of Congress that the Secretary 

of State should encourage the international community to accept 

refugees for resettlement on a more equitable basis. 

SEC. 730. SENSE OF CONGRESS ON CLIMATE CHANGE. 

This section cites scientific evidence that confirms global climate 

change is occuring and is attributable to human activities, and restates U.S. international treaty obligations pursuant to the United 

Nations Framework Convention on Climate Change (UNFCCC). 

The section also asserts the shared international responsibility to 

address the problem of climate change, and re-affirms the principle 

found in the UNFCCC that developed countries, as the largest historic and current emitters of greenhouse gases, should take the 

lead in combating climate change. This section states that a future 

binding treaty must not result in serious harm to the U.S. economy, but also should not cause the U.S. to abandon its shared responsibility in reducing the risks of climate change and its impacts. 

The section restates the U.S. position that although the U.S. has 

elected against becoming a party to the Kyoto Protocol to the 

UNFCCC, our government will not interfere with the plans of any 

nation that chooses to ratify and implement the Protocol. It also 

makes clear that U.S. business interests are best served by knowing how other governments are addressing the risks of climate 

change, and that U.S. investments in research, development, and 

deployment of clean energy technologies can reduce the risks of climate change and its impacts, while benefitting the U.S. economy. 

The section also states the sense of Congress that the U.S. 

should demonstrate international leadership and responsibility by 

reducing health, environmental, and economic risks posed by climate change by: (1) taking actions to ensure ‘‘significant and meaningful’’ reductions of greenhouse gasses ‘‘from all sectors,’’ (2) creating mechanisms, including tradable credits to reduce, avoid, and 

sequester greenhouse gas emissions, (3) participating in international negotiations with the objective of gaining U.S. participation in a future binding climate change treaty that will protect U.S. 

economic interests and be consistent with UNFCCC environmental 

objectives, and (4) establish a bipartisan observer group of members of the U.S. House of Representatives to monitor international 

negotiations on climate change. 

This provision narrowly passed the Committee by a vote of 21– 18. 

SEC. 731. SENSE OF CONGRESS REGARDING MIGRATION ISSUES BETWEEN THE UNITED STATES AND MEXICO. 

This section recalls President Bush’s first meeting with President 

Fox of Mexico which resulted in the Joint Communique of February 

16, 2001 that stated, ‘‘we are instructing our Governments to engage, at the earliest possible opportunity, in formal, high level negotiations aimed at achieving short and long term agreements that 

will allow us to constructively address migration and labor issues 

between our two countries.’’ The section also recalls President Fox’s 

first official visit to Washington, D.C. and the Joint Statement of 

September 6, 2001 that resulted from that meeting, stressing a 

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‘‘commitment to forging new and realistic approaches to migration 

to ensure it is safe, orderly, legal and dignified. * * *’’ The section 

further recalls that the same Statement also called for ‘‘respecting 

the human dignity of all migrants, regardless of their status. 

In furtherance of U.S. national interests, and in recognition of 

the significant time that has elapsed since the agreements cited 

above were reached by the governments of the United States and 

Mexico, this section also contains a sense of Congress resolution directing that as soon as practicable, the United States and Mexico 

should commence negotiations to reach a migration accord satisfactory to both nations. In addition, it provides that such an accord 

should be accompanied by an accord to open Mexico’s petroleum 

sector to foreign investment. 

SEC. 732. SENSE OF CONGRESS CONCERNING UNITED STATES ASSISTANCE TO PALESTINIAN REFUGEES. 

This section expresses the sense of the Congress with regard to 

the United Nations Relief and Works Agency (UNRWA), which provides services to Palestinian refugees. The provision acknowledges 

the hardships endured by Palestinian refugees; recognizes the importance of United States humanitarian assistance to those refugees, which is channeled through the UNRWA; notes that the 

United States has contributed more than $2.5 billion to UNRWA 

since its founding in 1950, making the United States UNRWA’s 

leading donor; calls attention to the fact that the United States 

contribution is nearly ten times the amount contributed by the entire Arab world; and calls on Arab states to assume a greater share 

of the burden for financing UNRWA. 

It also expresses many of the Committee’s ongoing concerns 

about UNRWA. Those concerns relate to, among other things, credible reports that UNRWA’s facilities have been used for terrorist 

training and as bases for terrorist operations, with little attempt 

by the UNRWA to stop or oppose such activities or alert relevant 

law enforcement authorities about such terrorist activities. The 

Committee is also concerned about the use or availability in 

UNRWA’s schools of textbooks and other materials, such as posters, that promote anti-Semitism or the denial of Israel’s right to 

exist, that promote stereotypes and exacerbate tensions between 

Palestinians and Israelis, or that constitute forms of incitement to 

violence. 

The Committee is particularly dismayed that UNRWA schools 

still use, in many grades, old textbooks that contain virulently antiJewish and anti-Israel messages. UNRWA should ensure the immediate replacement of all such textbooks and assume a greater 

degree of responsibility over the curriculum. Palestinian children 

should not have to wait years to attend schools that do not indoctrinate them in hatred; action is needed immediately. The Committee notes criticisms that even the newer textbooks inadequately 

prepare Palestinian children for peace with Israel; those criticisms 

need to be responded to swiftly, with appropriate changes. 

This section also strongly urges (a) the U.N. Secretary-General 

to take immediate steps toward comprehensive reform of UNRWA, 

so that it actively works to oppose terrorism and to promote IsraeliPalestinian reconciliation and understanding; (b) UNRWA to meet 

the requirements, in letter and spirit, of section 301(c) of the Foreign Assistance Act of 1961, including by comprehensively ensuring 

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that no UNRWA assistance is rendered to anyone who has been involved with terrorism at any time and that all UNRWA beneficiaries be informed at the earliest possible time, and at regular 

intervals thereafter, that anyone involved with terrorism will be 

permanently ineligible for UNRWA benefits; and (c) the Secretary 

of State to make reform of UNRWA a priority at the U.N., with 

such reform including the implementation of comprehensive and 

independently verifiable audits of UNRWA activities. 

Among the concerns that the Committee would like to see raised 

by the U.S. Secretary of State are indications that UNRWA may 

be complying with aspects of the ‘‘Arab boycott,’’ at least in its operations in Syria. According to paragraph 174 of the most recent 

UNRWA annual report (U.N. General Assembly, Official Records, 

Fifty-seventh Session, Supplement No. 13 (A/57/13), covering the 

period July 1, 2001 to June 30, 2002), UNRWA states that ‘‘(i)n the 

Syrian Arab Republic, the Agency [i.e., UNRWA] is required to submit its customs declaration forms with commercial invoices for endorsement by the Boycott Office.’’ The report adds, without further 

elaboration, that UNRWA has ‘‘taken the matter up with the Syrian authorities on the grounds that UNRWA should not be subjected to this requirement.’’ The Committee agrees that UNRWA 

should not be subject to the requirement and, further, considers all 

forms of cooperation with the boycott by UNRWA—or any other 

arm of the United Nations—unacceptable. The Committee calls on 

the Secretary of State to raise the issue of such cooperation at the 

highest levels of both the United Nations and the Syrian government. 

Lastly, this section notes that there is an ongoing Congressionally mandated General Accounting Office (GAO) investigation on 

the extent to which the Department of State is complying with section 301(c) of the Foreign Assistance Act of 1961, and on the implementation of procedures that have been established to meet the 

standards of the Department of State regarding compliance with 

the requirements of that section. In this section, the Committee 

strongly encourages the GAO to expand the scope of its investigation to examine all recent United States assistance to UNRWA to 

ensure that taxpayer funds are being spent effectively and are not 

directly or indirectly supporting terrorism, anti-Semitic or antiIsraeli teachings, or the glorification or incitement of violence. 

The Committee commends and encourages ongoing efforts by 

UNRWA to implement reforms to meet some of the Committee’s 

concerns and by the State Department to encourage reform of 

UNRWA. As reported to Congress by the State Department, these 

reforms include an increase in the numbers of personnel engaged 

in inspecting UNRWA facilities ‘‘to minimize the possibility of improper meetings being held there, to see that the facilities were not 

being used to store weapons or other inappropriate material, to see 

that any political materials be removed and that any other activities that violated the neutrality of UNRWA installations or programming be brought to an end.’’ According to the State Department, UNRWA also issued a circular to employees in June 2002 reminding them that UNRWA facilities are to be used only for activities within UNRWA’s mandate and that UNRWA staff must not 

engage in any activity incompatible with their status as independent and impartial civil servants. 

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Such steps are positive but inadequate. The Committee would 

like to be assured that UNRWA’s actions regarding the issues discussed in the preceding paragraph will not be limited to the onetime distribution of a circular and an increase in the numbers of 

monitors. 

SEC. 733. UNITED STATES POLICY ON WORLD BANK GROUP LOANS TO 

IRAN. 

This Section requires the Secretary of State, in consultation with 

the Secretary of the Treasury, to convey directly to the governments of countries represented on the decision-making boards and 

councils of the international financial institutions of the World 

Bank Group that the U.S. Government opposes any further activity 

in Iran by those institutions. Within 90 days of enactment of this 

act and again one year thereafter, the Secretary of State shall submit a report on his efforts in this regard to the chairman and ranking minority member of the House International Relations Committee and of the Senate Foreign Relations Committee. 

SEC. 734. SENSE OF CONGRESS RELATING TO SOVIET NUCLEAR TESTS 

IN KAZAKHSTAN. 

This section describes the positive non-proliferation activities undertaken by the Government of Kazakhstan, including voluntarily 

giving up its nuclear arsenal, sealing the nuclear test sites, and 

joining the START treaty, since its independence in 1991. The section also describes the negative environmental and health impact 

from the decades of the Soviet-era nuclear weapon testing on the 

citizens of Kazakhstan. The section instructs the Secretary of State 

to work to establish a joint working group with the Government of 

Kazakhstan to assist in assessing the environmental damage and 

health effects caused by Soviet nuclear testing in the city of 

Semipalatinsk. 

SEC. 735. SENSE OF CONGRESS RELATING TO VIOLENCE AGAINST 

WOMEN. 

This section recalls that the United Nations Declaration on the 

Elimination of Violence Against Women outlines that states should 

condemn violence against women. It also recalls that the Beijing 

Declaration and Platform for Action of the Fourth World Conference on Women states that governments should condemn violence against women and should refrain from invoking custom, tradition or religion to avoid their obligations. It recalls that the 

United States supported both of these Declarations and reinforces 

the position of the United States to condemn violence against 

women. 

DIVISION B—DEFENSE TRADE AND SECURITY ASSISTANCE 

REFORM ACT OF 2003 

TITLE X—GENERAL PROVISIONS 

SEC. 1001. SHORT TITLE. 

This section provides that Division B may be cited as the ‘‘Defense Trade and Security Assistance Reform Act of 2003.’’

SEC. 1002. DEFINITIONS. 

This section sets forth certain definitions of terms commonly 

used in Division B. 

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SEC. 1003. REFERENCES TO ARMS EXPORT CONTROL ACT. 

References to an amendment or repeal of a section or other provision in Division B are considered to be made to the Arms Export 

Control Act, unless otherwise expressly noted.

TITLE XI—TERRORIST-RELATED PROHIBITIONS AND 

ENFORCEMENT MEASURES 

SEC. 1101. ELIGIBILITY PROVISIONS. 

This section amends section 3 of the Arms Export Control Act 

(AECA) to ensure that a basis exists for ineligibility for assistance 

under the AECA for foreign countries that use U.S. defense articles 

to carry out a transaction with a terrorist state. A transaction is 

defined to cover acts prohibited by section 40 of the AECA with regard to the United States Government and U.S. persons. Section 3 

would also be amended to require a report to Congress when defense articles and defense services licensed under section 38 are 

transferred to a third person (including a third country) without 

U.S. Government approval, in addition to the longstanding requirement for such reports in the case of retransfers involving U.S. Government furnished defense articles and defense services. 

SEC. 1102. WEAPONS TRANSFERS TO FOREIGN PERSONS IN THE 

UNITED STATES. 

This section amends section 38 of the AECA to authorize the 

President to control (in addition to exports and imports) transfers 

in the United States of defense articles and defense services to foreign persons, except for firearms and firearms ammunition and accessories and attachments (whose sale to foreign persons in the 

United States is already controlled pursuant to the Gun Control 

Act and related legislation). The Department of State, which generally administers the President’s authority under section 38, has 

long controlled through its implementing regulations for section 38 

transfers to foreign persons in the United States of certain defense 

articles (e.g., aircraft, naval vessels, satellites and technical data), 

as well as all defense services and all defense articles, including 

firearms and firearms ammunition, for transfer to an embassy or 

other foreign government subdivision in the United States; in such 

cases the United States person proposing to transfer defense articles or defense services must first obtain approval (e.g., a license) 

from the Department of State. This provision would provide a firm 

statutory basis for the Department’s regulatory practice in these 

areas and permit expansion of this form of control in light of the 

changed security environment since the attacks of September 11, 

2001, where threats to U.S. interests may arise from unauthorized 

access by foreign persons (other than foreign government subdivisions) to munitions and other defense articles in the United States 

without ever involving a classic ‘‘export’’ (e.g., taking or sending defense articles out of the United States). The Committee expects 

that any expanded use of this authority will be exercised in close 

coordination with the Attorney General and the heads of other departments and agencies having related authority. 

SEC. 1103. COORDINATION OF LICENSE EXEMPTIONS WITH UNITED 

STATES LAW ENFORCEMENT AGENCIES. 

This section expresses the sense of Congress that new exemptions from the licensing requirements of section 38 of the AECA 

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should only be undertaken after careful coordination with U.S. law 

enforcement agencies in view of historic difficulties in enforcing violations where no license was required (successful enforcement actions in such circumstances have been rare, if at all), and would 

amend section 38 to require that this be done for any regulation 

promulgated on or after January 1, 2003. This section also requires 

that, before such regulations take effect, the Committee be notified 

in accordance with the reprogramming procedures under section 

634A(a) of the Foreign Assistance Act. 

SEC. 1104. MECHANISMS TO IDENTIFY PERSONS IN VIOLATION OF 

CERTAIN PROVISIONS OF LAW. 

This section amends (by updating) section 38(g) of the AECA (relating to U.S. laws that, when violated, generally prompt denial of 

export license privileges) in order to include relevant legislation enacted into law related to the attacks of September 11, 2001. 

SEC. 1105. COMPREHENSIVE NATURE OF UNITED STATES ARMS EMBARGOES. 

This section contains certain findings by the Congress and 

amends section 38 of the AECA to require that no defense article 

or defense service subject to the State Department’s International 

Traffic in Arms Regulations, and no dual use good or technology 

subject to the Commerce Department’s Export Administration Regulation be exported without a license to the military, police or intelligence services of a U.S. arms-embargoed government unless the 

Secretaries of State and Defense concur in the proposed export. 

This provision would not bar the export of any such item, but 

merely requires that a license be submitted. Considerable flexibility is provided to the agencies to determine the type of license 

(e.g., individual, general, etc.) provided the Secretaries have concurred in the outcome. According to the State Department’s International Traffic in Arms Regulations, as of March 1, 2003 (22 CFR 

126.1), this requirement would apply to the military, police and intelligence services of the following countries (but would change as 

new embargoes are imposed and existing embargoes rescinded): 

Belarus, Cuba, Iran, Iraq, Libya, North Korea, Syria, Vietnam, 

Burma, People’s Republic of China, Haiti, Liberia, Rwanda, Somalia, Sudan, and Democratic Republic of the Congo (formerly Zaire); 

in the case of Angola, an arms embargo exists with respect to 

UNITA; in the case of Afghanistan, an arms embargo exists with 

respect to all areas of the country other than to the Government 

of Afghanistan (currently Afghan Interim Authority) and to the 

International Security Assistance Force (ISAF). 

SEC. 1106. TRANSACTIONS WITH COUNTRIES SUPPORTING ACTS OF 

INTERNATIONAL TERRORISM. 

This section expands the prohibitions of section 40 of the Arms 

Export Control Act relating to state sponsors of international terrorism by amending subsection (l)(1) to include defense articles and 

defense services (in lieu of ‘‘any item enumerated on the United 

States Munitions List’’) and all other activities requiring a license 

or approval (e.g., brokering, sales proposals, etc.) under the regulations promulgated pursuant to the President’s authority in section 

38(a)(1) of that Act. 

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SEC. 1107. AMENDMENTS TO CONTROL OF ARMS EXPORTS AND IMPORTS. 

This section facilitates enforcement of criminal violations of the 

Arms Export Control Act and enhances the deterrent effect of the 

penalty provisions in several ways. The standard for criminal culpability of sections 38, 39, and 40 would be changed from ‘‘willfully’’ to ‘‘knowingly’’, consistent with the ‘‘knowing’’ standard long 

established in sections 72, 73, and 81 of the AECA relating to the 

proliferation of missiles, missile equipment and technology, and 

chemical or biological weapons. The amount of the fine for each 

criminal violation of sections 38, 39 and 40 would rise from $1 million to $2 million when the violation involves a state sponsor of 

international terrorism, and from $1 million to $1.5 million when 

the violation involves a country, other than a state sponsor, that 

is subject to an arms embargo. Civil penalties would be similarly 

raised for these two categories of violations from $500,000 to $1 

million and $750,000, respectively. Fines for violations that do not 

involve terrorist or other embargoed countries would remain unchanged.

Further, this section provides a firm statutory basis in section 47 

of the Arms Export Control Act for the definition of ‘‘defense articles’’ by incorporating the long-standing definition contained in the 

International Traffic in Arms Regulations (ITAR) as of January 1, 

2003, as may be supplemented by the President pursuant to the 

authority contained in subsection (a) of section 38 of that Act. A 

similar approach would be taken in the case of defense services (incorporating the definition of those services as defined in the ITAR 

as of the same date), except that the term defense services is also 

phrased to include specifically the terms ‘‘aiding’’ and ‘‘abetting’’ within the meaning of ‘‘assistance,’’ reflecting longstanding reliance 

on those commonly-used terms in the ITAR and in Title 18. 

SEC. 1108. HIGH RISK EXPORTS AND END USE VERIFICATION. 

This section amends section 38 of the AECA to mandate that the 

standards for high-risk exports and end-use verification already required in subsection (g)(7) of that Act be kept up-to-date and coordinated biennially with the Secretary of Homeland Security, the 

Attorney General, the Director of the Federal Bureau of Investigation, and the Director of Central Intelligence. 

SEC. 1109. CONCURRENT JURISDICTION OF THE FEDERAL BUREAU OF 

INVESTIGATION. 

This section strengthens the U.S. Government’s enforcement of 

the Arms Export Control Act by providing the Federal Bureau of 

Investigation with authority in this area, in addition to the longstanding authority provided to Customs, which would continue. 

The section contains a sense of Congress that the FBI should be 

provided with authority to investigate and enforce violations of the 

Arms Export Control Act in view of that Bureau’s responsibilities 

for protecting the United States against terrorist attack, foreign intelligence operations, high technology crimes and transnational 

criminal organizations—and the frequent relationship of illegal 

arms exports and international arms trafficking to those responsibilities. This should be without any adverse affect on the existing 

authority of the Bureau of Customs and Border Patrol, which 

would continue to play a leading role in enforcement of the AECA. 

The Committee expects that any operational details between the 

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FBI and Customs associated with this authorization will be resolved by or with the assistance of the Attorney General. 

SEC. 1110. REPORT ON FOREIGN-SUPPLIED DEFENSE ARTICLES, DEFENSE SERVICES, AND DUAL USE GOODS AND TECHNOLOGY DISCOVERED IN IRAQ. 

This section requires the President to submit a report to the 

Committee within six months of enactment, describing the nature 

and origin of foreign-supplied items discovered by coalition forces 

in Iraq—conventional arms and equipment, as well as WMD—that 

have not been previously accounted for by UNSCOM or UNMOVIC 

to the satisfaction of the United States. The Committee recognizes 

that the Department of Defense, including U.S. armed forces, and 

other agencies involved in Operation Iraqi Freedom have many 

pressing tasks in Iraq. This provision is not intended to add to 

those tasks. but to obtain a report on the results of activities 

planned or already underway regarding sensitive technologies and 

munitions. The Committee considers this report very important not 

only to its oversight and policy responsibilities for non-proliferation 

and export control, but to possible improvements to international 

arrangements in this area in light of the factual record discovered 

in Iraq. 

TITLE XII—STRENGTHENING MUNITIONS EXPORT 

CONTROLS 

SEC. 1201. CONTROL OF ITEMS ON MISSILE TECHNOLOGY CONTROL 

REGIME ANNEX. 

In order to ensure U.S. missile technology export controls are 

clearly established and kept up-to-date, this provision would require the Secretary of State, in consultation with the Secretary of 

Commerce, the Attorney General and the Secretary of Defense, to 

provide an annual certification and report to Congress. This provision addresses a problem identified by the General Accounting Office (GAO) in its October 9, 2001, report entitled, ‘‘Export Controls: 

Clarification of Jurisdiction for Missile Technology Items Needed’’

(GAO–02–120), wherein GAO concluded that approximately 25 percent of the items controlled by the Missile Technology Control Regime (MTCR) arrangement were the subject of apparent overlap or 

ambiguity in the export control regulations administered by the 

Departments of Commerce and State (i.e., Export Administration 

Regulations and International Traffic in Arms Regulations). The 

Department of Commerce subsequently published a regulation to 

clarify its jurisdiction over certain of these items, while a long-term 

solution for all items was to emerge in the context of ongoing review by the concerned agencies of the U.S. Munitions List. However, this solution has not emerged from the inter-agency review. 

The provision would reflect the Committee’s view that priority 

should be accorded to ensure clear and comprehensive U.S. export 

control coverage of MTCR Annex items in view of the special threat 

to U.S. security interests presented by the unauthorized export and 

proliferation of missile technologies. The Committee expects the 

Department of State to take prompt and definitive action to address this matter without further delay. 

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SEC. 1202. CERTIFICATIONS RELATING TO EXPORT OF CERTAIN DEFENSE ARTICLES AND SERVICES. 

This section amends section 36(c) of the AECA to require advance certification to Congress of any comprehensive export authorization in the amount of $100 million or more, regardless of whether a signed contract exists. Comprehensive export authorizations 

are a new type of export license announced by the Department of 

State at a NATO Ministerial meeting in May 2000 as one of several 

export control initiatives. This provision also repeals clause (B) of 

paragraph 2 of section 36(c) relating to a reduced period of time for 

satellite launches by Russia, Kazakhstan and Ukraine; henceforth, 

the waiting period would be 30 days— on a par with all other notifications not involving exports to NATO members, Australia, New 

Zealand or Japan. 

SEC. 1203. NOTIFICATION REQUIREMENTS FOR TECHNICAL ASSISTANCE AND MANUFACTURING LICENSING AGREEMENTS 

WITH NATO MEMBER COUNTRIES, AUSTRALIA, NEW ZEALAND, AND JAPAN. 

This provision amends section 36(d) of the AECA to no longer require advance notification of agreements involving the manufacture 

abroad of significant military equipment that is valued at less than 

$7 million in the case of major defense equipment, or $25 million 

in the case of all other significant military equipment. This amendment marks the second year in a row that the Committee has 

taken action to adjust the thresholds for arms sales requiring advance notification to Congress. The amendment to section 36(c) enacted in section 1405 of Public Law 107–228 is projected to result 

in a 30–40 percent reduction in the number of cases requiring advance notification to Congress. Section 1203 of this bill should 

produce a similar reduction in technical assistance and manufacturing license agreements. The Committee directs the Department 

of State and other agencies involved in the preparation of Congressional notifications to now review their own procedures in order to 

expedite, and where appropriate streamline, inter-agency review 

procedures of proposed notifications in order to avoid undue delay 

or other unjustified impacts on U.S. defense firms, particularly 

where the benefit of extensive inter-agency review proposed notifications seems in doubt. This would appear to be the case for arms 

sales that fall below the higher thresholds the State Department 

has recommended be put in place.

SEC. 1204. STRENGTHENING DEFENSE COOPERATION WITH AUSTRALIA AND THE UNITED KINGDOM. 

This section amends section 38 of the AECA to establish an accelerated and streamlined munitions license approval procedure of 

ten days for Australia and the United Kingdom, in view of the special relationships that exist between the U.S. and these countries. 

The procedure would be applicable to those defense articles, services and technology that are currently exempt by regulation (i.e., 

the International Traffic in Arms Regulations at section 126.5) 

from prior U.S. Government review and licensing requirements 

when they are to be exported or transferred to Canada. 

As the level of defense technology available to Canada through 

a license exemption procedure would rarely, if ever, require a national security review for release to Australia or the United Kingdom, the provision requires generally that such license applications 

133

not be subjected to inter-agency review, except in those few instances where the Secretary of Defense or the heads of other specified agencies may so request referral. Since the State Department’s 

median processing times for all munitions license applications not 

referred to other agencies (which comprises more than two-thirds 

of all applications submitted) have been consistently better than 10 

days in recent years, the establishment of this procedure would impose no additional burden necessitating more resources. 

This provision would be without prejudice to the establishment 

of arrangements that would permit the President to establish a license exemption for Australia and/or the United Kingdom that is 

similar to that already established for Canada, as provided for in 

subsections (f)(2) and (j) of section 38 or through other means. 

SEC. 1205. TRAINING AND LIAISON FOR SMALL BUSINESSES. 

This provision requires the Secretary of State to establish, within 

the level of funding provided, a coordinator for small business affairs in the Office of Defense Trade Controls, who would serve as 

a point of contact for United States small businesses on export licensing, registration and other matters. 

SEC. 1206. STUDY AND REPORT RELATING TO CO-LOCATING MUNITIONS CONTROL FUNCTIONS OF THE DEPARTMENTS OF 

STATE, DEFENSE, AND HOMELAND SECURITY. 

This provision contains a sense of Congress that the administrative, licensing and compliance-related functions associated with 

arms exports under section 38 of the Arms Export Control Act, 

which are generally administered by the Department of State in 

conjunction with the Departments of Homeland Security and Defense, could be expedited consistent with U.S. security, law enforcement and foreign policy requirements by a reduction in the those 

matters necessitating inter-agency referral outside of the Department of State, and/or by co-locating related functions of the Departments of Homeland Security and Defense with those of the Department of State in order to minimize the time and administrative 

tasks to government and industry involved in inter-agency referrals, while also providing a convenient, central location for U.S. defense companies, especially small businesses. 

The need to keep inter-agency staffing of applications at a level 

necessary to safeguard critical security, law enforcement and foreign policy interests was an important purpose behind the requirement established long ago in section 38 of the Arms Export Control 

Act (see, paragraph (8) of subsection (g)) that the Secretaries of 

Treasury and Defense detail expert personnel to the responsible 

State Department office to assist in license application screening. 

Notwithstanding recent increases in the number of Department of 

Defense employees so detailed, there continues to be a high number 

of cases (ranging from 30–33 percent) that are still referred for Department of Defense review. This suggests the need for additional 

action by the agencies to ensure prompt decision-making on what 

is apparently a high quotient of complex cases, of which co-location 

of parallel and complementary responsibilities is a promising candidate, and one that is likely to carry additional benefits to the 

public and the defense industry by providing a centralized location. 

In further consideration of this possibility, the Secretary of State 

would be required to consult with the Secretary of Homeland Security and the Secretary of Defense, and through the State DepartVerDate Jan 31 2003 01:42 May 18, 2003 Jkt 019006 PO 00000 Frm 00133 Fmt 6659 Sfmt 6602 E:\HR\OC\HR105P1.XXX HR105P1
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ment’s federal advisory committee structure, with the public, to examine the relative advantages and disadvantages of co-location. 

The Secretary would be required to submit a report on this matter 

to the Committee within 180 days of enactment of this provision. 

TITLE XIII—SECURITY ASSISTANCE AND RELATED 

PROVISIONS 

Subtitle A—Foreign Military Sales and Financing Authorities 

SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 

This section authorizes assistance under section 23 of the AECA 

at $4,414,000,000 for fiscal year 2004. 

SEC. 1302. PROVISION OF CATALOGING DATA AND SERVICES. 

This section amends section 21(h)(2) to permit cataloging of data 

and services on a reciprocal (non-reimbursable) basis for Australia, 

New Zealand and Japan, in addition to NATO-member countries, 

as is currently provided for in section 21(h). 

SEC. 1303. ANNUAL ESTIMATE AND JUSTIFICATION FOR SALES PROGRAM. 

This section amends section 25(a)(1) to reduce the burden of the 

reporting requirement (i.e., the ‘‘Javits Report’’) for NATO member 

countries, Australia, New Zealand and Japan by increasing the 

value of the sale from $7 million to 25 million. 

SEC. 1304. ADJUSTMENT TO ADVANCE NOTIFICATION REQUIREMENT 

FOR TRANSFER OF CERTAIN EXCESS DEFENSE ARTICLES. 

This section amends section 516(f)(1) of the Foreign Assistance 

Act to limit those transfers of excess defense equipment requiring 

advance notification to all major defense equipment (currently all 

significant military equipment) and (as is currently provided for) 

all other items valued at $7 million or more. 

Subtitle B—International Military Education and Training. 

SEC. 1311. AUTHORIZATION OF APPROPRIATIONS. 

This section authorizes $91,700,000 for fiscal year 2004 to carry 

out chapter 5 of part II of the Foreign Assistance Act. 

SEC. 1312. ANNUAL FOREIGN MILITARY TRAINING REPORTING. 

This section amends section 656(a) of the Foreign Assistance Act 

to change the due date of the required annual report to March 1 

(currently January 31), and to eliminate the requirement to report 

on training proposed for the current fiscal year.

Subtitle C—Assistance for Select Countries 

SEC. 1321. ASSISTANCE FOR ISRAEL. 

This section authorizes assistance for Israel for fiscal years 2004 

and 2005 based on Committee authorizations in recent years, including provision for early payout following enactment. 

SEC. 1322. ASSISTANCE FOR EGYPT. 

This section authorizes assistance for Egypt for fiscal years 2004 

and 2005 based on Committee authorizations in recent years, including provision for early deposit of funds following enactment. 

135

Subtitle D—Miscellaneous Provisions 

SEC. 1331. UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES. 

This section amends section 514(b)(2) of the Foreign Assistance 

Act to authorize additions to stockpiles in foreign countries, and 

Israel in particular, at the same level for fiscal year 2004 as was 

authorized for fiscal year 2003. 

SEC. 1332. TRANSFER TO ISRAEL OF CERTAIN DEFENSE ARTICLES IN 

THE UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES. 

This section provides a five-year authorization for the Secretary 

of Defense to transfer to Israel certain obsolete or surplus items in 

the inventory of the Department of Defense on the basis of negotiated concessions and advance notification to the Committee describing the items to be transferred and the concessions that have 

been negotiated. 

SEC. 1333. EXPANSION OF AUTHORITIES FOR LOAN OF MATERIAL, 

SUPPLIES, AND EQUIPMENT FOR RESEARCH AND DEVELOPMENT PURPOSES. 

This section amends section 65 of the Arms Export Control Act 

to permit the loan of equipment for R&D purposes to friendly foreign countries (as determined by the President pursuant to section 

27(j) of that Act) in addition to NATO allies, as is currently provided for in section 65. 

SEC. 1334. ASSISTANCE FOR DEMINING AND RELATED ACTIVITIES. 

The Secretary of State would be authorized to provide grants to 

public-private partnerships for fiscal year 2004 for demining, clearance of unexploded ordnance and related activities, provided the 

total amount does not exceed $450,000. 

SEC. 1335. REPORTS RELATING TO TREATY BETWEEN THE UNITED 

STATES AND THE RUSSIAN FEDERATION ON STRATEGIC 

OFFENSIVE REDUCTIONS. 

This section requires the Administration to provide all reports required to be provided to the Senate Foreign Relations Committee 

pursuant to the Resolution of Ratification of the Moscow Treaty to 

also be provided to the House International Relations Committee. 

SEC. 1336. STATEMENT OF HOUSE OF REPRESENTATIVES REGARDING 

THE TREATY BETWEEN THE UNITED STATES AND THE 

RUSSIAN FEDERATION ON STRATEGIC OFFENSIVE REDUCTIONS. 

This section declares several statements of the House of Representatives regarding the Moscow Treaty. Specifically, the House 

concurs with the declarations in the Resolution of Ratification, encourages the President to continue strategic offensive reductions to 

the lowest possible levels consistent with national security and alliance obligations, urges the President to engage Russia to establish 

cooperative accounting and security measures for non-strategic nuclear weapons, and encourages the President to accelerate U.S. 

strategic force reductions to the extent feasible and consistent with 

the Treaty. 

SEC. 1337. NONPROLIFERATION AND DISARMAMENT FUND. 

This section responds to the direct and very real threat posed by 

stockpiles of highly enriched uranium (HEU). This material is a 

component of nuclear weapons and is the fuel for over 100 research 

reactors worldwide in more than 40 nations, including Russia, 

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Ukraine, Kazakhstan, Belarus, Latvia, and Uzbekistan. Because 

this material poses a grave threat as a terrorist weapon, there is 

an urgent need to deal with the small, insecure stocks of HEU used 

as fuel in research reactors. Operators of these reactors often do 

not have adequate financial resources to protect this vulnerable 

fuel, and there is grave danger that it could fall into the wrong 

hands. 

The Nonproliferation and Disarmament Fund (NDF) within the 

United States Department of State, Bureau of Nonproliferation, is 

a unique, flexible entity that is well-suited to take on the challenge 

of a global HEU clean-out. This fund’s objective is to permit rapid 

response to unanticipated or unusually difficult, high priority opportunities to halt the proliferation of nuclear, biological, and 

chemical weapons; to destroy or neutralize existing weapons of 

mass destruction and related materials; and to limit the spread of 

advanced conventional weapons. 

Subsection (a) of this section authorizes $60,000,000 for each of 

the fiscal years 2004 and 2005 to carry out section 504 of the Freedom for Russia and Emerging Democracies and Open Markets Support Act of 1992 (the ‘‘Nonproliferation and Disarmament Fund’’), 

to remain available until expended. 

Subsection (b) of this section contains findings with respect to 

the nonproliferation of highly enriched uranium: that it is the most 

likely source material for terrorist or other outlaw organizations 

that seek to acquire a nuclear weapon; that such organizations are 

not likely to produce this source material on their own, but will 

seek to divert highly enriched uranium from some of the many vulnerable stockpiles in numerous facilities around the world; that 

there is a need for a coordinated United States Government initiative to secure and dispose of highly enriched uranium stockpiles in 

these vulnerable facilities; and that the Nonproliferation and Disarmament Fund is a unique, flexible entity that is well-suited to 

carry out such a coordinated initiative, in cooperation with other 

Federal agencies. Subsection (b) authorizes the Secretary of State 

to establish and carry out an initiative to secure and dispose of 

highly enriched uranium stockpiles in foreign countries, including 

the provision of such assistance as may be required to secure host 

country cooperation under the initiative. Subsection (b) authorizes 

appropriations of $25,000,000 for each fiscal year for this initiative 

to secure and dispose of highly enriched uranium, out of the funds 

available to the Nonproliferation and Disarmament Fund.

SEC. 1338. MARITIME INTERDICTION PATROL BOATS FOR MOZAMBIQUE. 

This section would authorize $1,000,000 for FY04, to remain 

available until September 30, 2006, for related costs associated 

with the provision of up to four excess U.S. coastal patrol boats to 

Mozambique for maritime patrol and interdiction activities. 

SEC. 1339. REPORT ON MISSILE DEFENSE COOPERATION. 

This section requires a report by the Secretary of State on cooperative efforts that have been undertaken by the U.S. with foreign 

governments to foster the development and deployment of defenses 

against missile attacks. 

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SEC. 1340. IRAN’S PROGRAM TO DEVELOP A NUCLEAR EXPLOSIVE DEVICE. 

In subsection (a), ‘‘Findings’’, finds that Iran has pursued a nuclear weapons program for more than a decade, despite being a 

party to the Treaty on the Non-Proliferation of Nuclear Weapons 

(NPT); that CIA director George Tenet has repeatedly warned of 

this danger, including as recently as February 11, 2003; that on 

March 17, 2003, Director General of the International Atomic Energy Agency (IAEA) el Baradei demanded that Iran agree to an 

‘‘additional protocol’’ under the IAEA’s nuclear inspection rights, 

which would enable the IAEA to conduct more intrusive monitoring; that in early 2003 Iran announced plans to mine its own 

natural uranium and admitted constructing two nuclear facilities, 

a heavy water production plant and a gas centrifuge uranium enrichment facility, which would give Iran the capability of indigenously producing nuclear-weapons grade uranium; that Iran has 

been developing long-range missiles capable of delivering nuclear 

weapons and, according to Tenet, may test an inter-continental ballistic missile within this decade; that Iran has received considerable assistance in its nuclear-weapons and missile-development 

programs from Russia, China, and North Korea; that Congress and 

successive Administrations have sought to deter or delay Iran’s acquisition or development of such deadly weapons through legislation and diplomacy and that this legislation includes the Iran-Iraq 

Arms Non-Proliferation Act of 1992, the Iran Libya Sanctions Act 

of 1996, the Iran Non-Proliferation Act of 2000, and the Iran Nuclear Proliferation Prevention Act of 2002; that President Bush in 

January 2002 labeled Iran as one of the countries that constitutes 

an ‘‘axis of evil’’ because of its efforts to develop WMD and its support of international terrorism; that Iran is the principal supporter 

and supplier to terrorist groups Hizballah, Hamas, and Islamic 

Jihad; that the leaders of Iran have publicly called for the destruction of the State of Israel; and that a nuclear-armed Iran would 

pose a grave threat to the national security of the U.S. and to its 

allies in the region. 

In subsection (b), ‘‘Statement of Policy’’, Congress finds that Iranian support of terrorism and efforts to develop nuclear weapons 

are a grave threat to the national security of the U.S. and its allies 

and to the U.S. Armed Forces; declares that the U.S. and its 

friends and allies must make maximum efforts to prevent Iran 

from developing or acquiring nuclear weapons and the missiles to 

deliver them; urges the President to use all appropriate means to 

prevent Iran from gaining such capabilities; urges the IAEA to employ the full range of its inspection authorities to ensure that Iran’s 

nuclear program is used only for peaceful purposes; encourages 

Iran to sign and ratify the new nuclear safeguards protocol to the 

NPT, the ‘‘Model Additional Protocol (INFCIRC/540–Corr)’’, and 

thereby demonstrate its commitment to full disclosure and transparency about its nuclear program; and urges the U.S. resident 

representative to the IAEA to work with the IAEA Board of Governors on guidelines for early identification of noncompliance with 

the NPT. 

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TITLE XIV—MISSILE THREAT REDUCTION ACT OF 2003 

SEC. 1401. SHORT TITLE. 

This section provides that Title XIV may be cited as the ‘‘Missile 

Threat Reduction Act of 2003.’’

Subtitle A—Strengthening International Missile Nonproliferation 

Law 

SEC. 1411. FINDINGS. 

This section declares the findings of Congress with regard to the 

increasing threat to the U.S. from the spread of ballistic missiles 

worldwide, especially those of 300 km and 500 kg payload capacity 

(equivalent to ‘‘Category 1’’ thresholds for nuclear-capable missile 

systems under the Missile Technology Control Regime, or ‘‘MTCR’’); 

finds that North Korea is a significant source of missile proliferation; notes the lack of binding international law that would permit 

active interdiction of such missile shipments; and notes the value 

of the MTCR, as well as the need to create new international mechanisms to interdict and prevent the transfers of such missiles. 

SEC. 1412. POLICY OF THE UNITED STATES. 

This section declares that it shall be the policy of the United 

States to seek a binding international instrument to restrict the 

trade in offensive ballistic missiles with ranges of 300 km or greater that have a payload capacity of 500 kg or greater. Such a binding international instrument may take the form of a multilateral 

treaty, a United Nations Security Council resolution, or other form 

of international law, and should provide for enforcement measures 

to include interdiction, seizure and impoundment of illicit shipments of offensive ballistic missiles and related technology, equipments and components. 

SEC. 1413. SENSE OF CONGRESS. 

This section declares the sense of Congress that the United 

States should immediately introduce a resolution in the United Nations Security Council to prohibit all UN Members from purchasing, receiving, assisting or allowing the transfer of any missile, 

missile-related equipment, means of production, or technology from 

North Korea. 

Subtitle B—Strengthening United States Missile Nonproliferation 

Law 

SEC. 1421. PROBATIONARY PERIOD FOR FOREIGN PERSONS. 

Subsection (a) of this section requires that any foreign person, 

entity or government that has been sanctioned under U.S. law for 

missile transfer violations, after the period of formal sanctions expire or have been waived, will be subject to a probationary period 

of special monitoring for granting dual use licenses to that foreign 

person, entity or government for a period of 3 years, unless the 

President informs Congress that the person, entity or government 

has verifiably ceased all such activity and instituted a program of 

transparency to verify that fact. 

Subsection (b) allows the termination of the probationary period 

if the President notifies the House International Relations Committee and the Foreign Relations, and Banking, Housing and 

Urban Affairs Committees of the Senate that the sanctioned forVerDate Jan 31 2003 04:23 May 18, 2003 Jkt 019118 PO 00000 Frm 00138 Fmt 6659 Sfmt 6602 E:\HR\OC\HR105P1.XXX HR105P1
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eign person has ceased all activity related to the original violation, 

has instituted a program of transparency measures to verify for 3 

years that sanctioned activities have not resumed, and that there 

has been an appropriate resolution of the original violation(s).

SEC. 1422. STRENGTHENING UNITED STATES MISSILE PROLIFERATION SANCTIONS ON FOREIGN PERSONS. 

Subsection (a) of this section increases the period of U.S. missile 

sanctions under the Arms Export Control Act from 2 to 4 years. 

Subsection (b) requires that any report explaining a waiver of sanctions can only be classified for intelligence-source protection reasons, and in that instance the President must attempt to acquire 

sufficient alternative information to allow a subsequent unclassified waiver report. 

Subsection (c) increases the period of U.S. dual use missile-related sanctions as contained in the Export Administration Act of 

1979 (the authority of which is continued by Executive order) from 

2 to 4 years. 

Subsection (d) applies the provisions of this section to any sanctions imposed since January 1, 2003. 

SEC. 1423. COMPREHENSIVE UNITED STATES MISSILE PROLIFERATION SANCTIONS ON ALL RESPONSIBLE PERSONS. 

Subsection (a) amends section 73(a) of the Arms Export Control 

Act by expanding the applicability of U.S. missile sanctions to all 

responsible foreign persons, including responsible governmental entities that exercise effective control over, or benefits from, or directly or indirectly facilitates the activities of a sanctioned foreign 

person or persons. This subsection also grants the President the 

authority to impose similar sanctions upon any other foreign entity 

that seeks to undercut U.S. sanctions by providing items to the 

sanctioned foreign person that would be illegal to provide under 

U.S. sanctions. This subsection also is authorized to prohibit any 

U.S. transaction or dealing with a sanctioned foreign person. Finally, this subsection requires the President to annually report to 

Congress on the activities of foreign persons on missile transfers 

that would be illegal under U.S. law. 

Subsection (b) amends section 74(a)(8)(A) of the Arms Export 

Control Act to amend the definition of the term ‘‘person,’’ adding 

that any government entity (regardless of whether it is operating 

as ‘‘business enterprise,’’ as in the current definition), as well as 

any subsidiary, subunit, or parent entity, or transnational corporation or transnational joint venture, can be defined as a ‘‘person’’

and therefore subject to U.S. missile sanctions. 

Subsection (c) makes similar changes and grants similar authorities under subsections (a) and (b) with regard to the Export Administration Act. 

Subtitle C—Incentives for Missile Threat Reduction 

SEC. 1431. FOREIGN ASSISTANCE. 

Subsection (a) of this section authorizes the President to provide 

Foreign Military Financing, Economic Support Funds, and Department of Defense drawdown assistance to countries that agree to destroy their existing Category I missile systems. Subsection (b) requires Congressional notification for 30 days before assistance can 

140

be provided. Subsection (c) limits any assistance for 3 fiscal years 

per country. 

SEC. 1432. AUTHORIZATION OF APPROPRIATIONS. 

This section authorizes $250 million for assistance authorized in 

Section 1431, to be available until expended. The Committee expects that this assistance will be made available over a five-year 

period in $50 million increments per fiscal year beginning in fiscal 

year 2004, and will be drawn principally from the NADR account 

and unexpended funds related to KEDO and CTBT. 

SEC. 1433. AUTHORIZATION OF TECHNICAL ASSISTANCE IN MISSILE 

DISARMAMENT. 

This section authorizes the President to provide U.S. technical 

assistance for destruction of missiles or production facility at the 

request of any country. 

This bill responds to the increasing threat of the spread of ballistic missiles to the United States from the proliferation of WMDcapable ballistic missiles by strengthening U.S. sanctions laws; 

seeks a legally-binding international instrument against the trade 

in such missiles; and establishes a new program of assistance to 

encourage states to destroy existing missile programs. 

The accelerating spread of missiles capable of delivering weapons 

of mass destruction is a matter of grave concern to the Committee. 

The Committee is troubled by recent incidents involving the transfer of such missiles, especially by North Korea, which the CIA has 

appropriately identified as a major source of global missile proliferation. The Committee also agrees with the Administration that 

existing international missile non-proliferation mechanisms are not 

sufficient to meet this increasing threat. Therefore, the Committee 

has set the U.S. policy goal of creating new international missile 

nonproliferation mechanisms to better deal with missile proliferation, including enforcement measures, such as the ability to interdict and seize shipments of destabilizing ballistic missiles around 

the world. 

The Committee believes that existing missile sanctions laws are 

too riddled with loopholes to effectively deter foreign governments 

from engaging in the destabilizing trade in offensive ballistic missiles. A non-MTCR-adherent foreign government that engages a 

non-governmental entity or corporation to acquire missiles or missile technology on its behalf would not be subject to U.S. sanctions, 

as there is no requirement in law to sanction any entity other than 

the specific entity conducting the prohibited missile-related transaction. Indeed, current law does not allow foreign governments to 

be sanctioned at all, unless the government is ‘‘operating as a business enterprise.’’ The result is an absurd situation in which a nongovernmental entity or corporation could be sanctioned, but not the 

government that receives, possesses and operates the missiles 

themselves. 

The value of missile sanctions in U.S. laws lies with their ability 

to call public attention to destabilizing ballistic missile proliferation 

activity and to institute a cost for engaging in such proliferation. 

Loopholes in current law, however, rob U.S. missile sanctions of 

much of their power to raise the cost of proliferation behavior. It 

is for this reason that the Committee has acted to close these loopholes, and to hold all foreign persons connected to and benefitting 

141

from the proliferation of ballistic missiles to account for their actions. 

The Committee believes the increasing spread of ballistic missiles requires increasing the costs to countries and foreign entities 

in engaging in prohibited missile trade. First, the Committee increases the sanctions period from 2 to 4 years. Second, when existing sanctions expire, the foreign person is again eligible for U.S. 

contracts without any need to demonstrate changed behavior. Placing such formerly-sanctioned persons essentially on a ‘‘watch list’’ (the Entity List of the EAR) for 3 years, in addition to increasing 

the duration of formal sanctions, places foreign persons and governments on notice that there is a continuing cost to missile trade 

through increased scrutiny of U.S. exports, as well as the continuing stigma of having trafficked in ballistic missiles. 

TITLE XV—EXPORTS OF SATELLITES

SECTION 1501. EXPORT CONTROLS ON SATELLITES AND RELATED 

ITEMS. 

This section would generally leave to the President’s discretion 

whether the export of commercial communications satellites and related items to NATO member countries or major non-NATO allies, 

should be subject to the export licensing jurisdiction of the Department of Commerce or the Department of State. Currently, section 

1513 of Public Law 105–261 requires that satellites and related 

items be controlled on the United States Munitions List by the Department of State (under section 38 of the Arms Export Control 

Act). In the case of exports of these items to these specific countries, the President would also be provided with authority to determine the extent to which the underlying laws should apply, as 

qualified by sections 1602–1604. The export of satellites and related items to all other destinations would remain subject to Department of State jurisdiction pursuant to section 1513 of Public 

Law 105–261 (Strom Thurmond National Defense Authorization 

Act for Fiscal Year 1999). 

SECTION 1502. MANDATORY REVIEW BY DEPARTMENT OF STATE. 

This section requires in subsection (a) that, in the case of a satellite launch by or from nationals of the People’s Republic of China 

(PRC), section 38 of the Arms Export Control Act would always 

apply to the regulation of certain defense services (including technical assistance) provided in the course of technical interchange 

meetings. This requirement means that these defense services 

would remain subject to the export licensing jurisdiction of the Department of State. In subsection (b), the President is required to 

provide advance certification to Congress prior to the issuance of 

a license or technical assistance agreement involving a launch of a 

satellite or related item from the PRC, in the manner provided for 

in section 36(d) of the Arms Export Control Act, pursuant to which 

Congress may enact a resolution of disapproval within a thirty day 

period following receipt of the certification, in which case the license or technical assistance agreement may not be issued. 

SECTION 1503. EXPORT RESTRICTIONS NOT AFFECTED. 

This section provides that nothing in sections 1601–1604 may be 

construed to modify any restriction on exports imposed under any 

other provision of law. The discretionary authority provided to the 

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President relating to licensing jurisdiction for satellites and related 

items when exported to NATO members and major non-NATO allies is limited to the sole matter of export licensing jurisdiction (i.e., 

section 1513 of Public Law 105–261); it does not imply any 

superceding authority with regard to any other restrictions or prohibitions in United States law that may be applicable, including 

the mandatory national security controls and other requirements 

set forth in Public Law 105–261. 

SECTION 1504. DEFINITIONS. 

This section sets forth definitions for several terms used in this 

title, including ‘‘defense services,’’ ‘‘related items,’’ and ‘‘United 

States person.’’ Notably, the traditional definition of ‘‘defense services’’ found in the Department of State’s International Traffic in 

Arms Regulations at section 120.9 (22 CFR 120.9), is generally (except with respect to matters associated with demilitarization and 

military training) applied to ‘‘a satellite or related items’’ for purposes of this title. For all other articles, the definition of ‘‘defense 

services’’ contained in section 47(7)(B) of the Arms Export Control 

Act, as amended by section 1107(d) of this act, remains unaffected, 

including defense services related to articles such as rockets, space 

launch vehicles and missiles that may be associated with the 

launch of a satellite or related item pursuant to this title. 

TITLE XVI—PROMOTION OF DEMOCRACY, HUMAN RIGHTS, 

AND RULE OF LAW IN BELARUS 

SEC. 1601. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS. 

Section 1501 authorizes assistance to bolster democracy-building 

activities such as support for non-governmental organizations, the 

promotion of free and fair electoral processes, independent media, 

and international exchanges. 

SEC. 1602. RADIO BROADCASTING TO BELARUS. 

This section authorizes additional funds for VOA and RFE/RL to 

augment radio broadcasting to the people of Belarus. The United 

States strongly supports those struggling to promote democracy 

and respect for human rights in Belarus despite the formidable 

pressures they face from the anti-democratic regime of Aleksandr 

Lukashenka. 

SEC. 1603. SENSE OF CONGRESS RELATING TO SANCTIONS AGAINST 

THE GOVERNMENT OF BELARUS. 

This section recommends the expansion of sanctions against the 

Lukashenka regime, denying high-ranking officials of the regime 

entry into the United States; prohibiting U.S. government financing to the Government of Belarus, except humanitarian goods and 

agricultural or medical products. The Committee also recommends 

that U.S. executive directors of international financial institutions 

vote against financial assistance to the Government of Belarus except for loans and assistance for humanitarian needs. 

SEC. 1604. MULTILATERAL COOPERATION. 

This section expresses a sense of Congress that the President 

should continue to seek to coordinate with other countries in the 

furtherance of the objectives of this title with regard to the Republic of Belarus. 

143

SEC. 1605. REPORT. 

This section requires the President to transmit to appropriate 

congressional committees a report concerning the sale or delivery 

of weapons or weapons-related technologies from Belarus to countries that have repeatedly provided support for acts of international 

terrorism, including the identification of the goods, services, credits, or other consideration received by Belarus in exchange for the 

weapons or weapons-related technologies. The report shall also include a detailed estimate of the personal assets of Aleksandr 

Lukashenka and other high-ranking Belarusian officials. 

SEC. 1606. DEFINITIONS. 

This section provides definitions for terms used in the title. 

The Committee fully endorses United States support for the promotion of democracy, respect for human rights, and the rule of law 

in the Republic of Belarus consistent with its commitments as a 

participating State of the Organization for Security and Cooperation in Europe (OSCE). The United States has a strong interest in 

the independence and sovereignty of the Republic of Belarus and 

its integration into the European community of democracies. Unfortunately the last parliamentary election in Belarus deemed to be 

free and fair by the international community was conducted in 

1995. Since that time, though, the authorities and powers of the 

13th Supreme Soviet have been usurped by the regime of 

Lukashenka. The November 1996 referendum, considered illegal 

and unconstitutional by the OSCE, the international community 

and by pro-democracy activities in Belarus, led Lukashenda to impose a new constitution, abolish the duly-elected parliament, the 

13th Supreme Soviet, install a largely powerless National Assembly, and extend his term of office to 2001. The parliamentary elections of October 15, 2000, conducted in the absence of a democratic 

election law, were illegitimate, unconstitutional, plagued by violent 

human rights abuses committed by the Lukashenka regime, and 

determined to be non-democratic by the OSCE. The presidential 

election of September 9, 2001, was determined by the OSCE and 

other observers to be fundamentally unfair and failed to meet the 

OSCE commitments for democratic elections formulated in the 

1990 Copenhagen Document and featured significant and abusive 

misconduct by the regime. 

The Committee is quite concerned that Victor Gonchar, Anatoly 

Krasovsky, and Yuri Zakharenka, who have been leaders and supporters of the democratic forces, and Dmitry Zavadsky, a journalist 

known for his critical reporting, have disappeared and are presumed dead, and former Belarus Government officials have come 

forward with credible allegations and evidence that top officials of 

the Lukashenka regime were involved in the disappearances. The 

regime systematically harasses and represses members of the 

democratic opposition, peaceful demonstrators, the independent 

media and independent trade unions, imprisons independent journalists, and actively suppresses freedom of speech and expression. 

The Law on Religious Freedom and Religious Organizations, 

passed by the National Assembly and signed by Lukashenka on October 31, 2002, establishes one of the most repressive legal regimes 

in the OSCE region, severely limiting religious freedom and placing 

excessively burdensome government controls on religious practice. 

144

TITLE XVII ISRAELI—PALESTINIAN PEACE ENHANCEMENT 

ACT OF 2003 

SECTION 1701. SHORT TITLE. 

This section provides that this title may be cited as the IsraeliPalestinian Peace Enhancement Act of 2003. 

SECTION 1702. FINDINGS. 

This section makes a number of findings, to include stating the 

importance of the security of the state of Israel to the national security of the United States and the longstanding interest that the 

United States has in seeing two states living side by side in peace 

and security; noting that peace can only be achieved in the Middle 

East in an atmosphere free of violence and terrorism; stating the 

requirement that a change in Palestinian leadership and a renunciation of terror by that leadership must precede any other steps towards peace; describing the relationship of a stable and peaceful 

Palestinian state to Israel’s security and stating that Israel should 

take concrete steps to support the emergence of a viable Palestinian state; indicating Israel’s repeated willingness to make painful concessions to achieve peace once there is a partner for peace 

on the Palestinian side; and citing the recent appointment of a new 

Palestinian government and the denunciation of terror by the new 

Palestinian Prime Minister. 

SECTION 1703. PURPOSES. 

The purposes of this title are to express the sense of Congress 

with respect to recognition of a Palestinian state by the United 

States and to demonstrate that the United States will provide substantial economic and humanitarian assistance, as well as, support 

large-scale multilateral assistance, after the Palestinians have 

achieved the reforms outlined by President Bush in his June 24, 

2002 speech and have achieved peace with Israel. 

SECTION 1704. SENSE OF CONGRESS. 

This section expresses the sense of Congress that peace between 

Israel and the Palestinians cannot be negotiated until after the 

Palestinian government has been transformed along the lines of 

President Bush’s June 24, 2002, speech; after the Palestinians 

achieve certain reforms described in the Act and have made a secure and lasting peace with Israel, substantial U.S. and international assistance will be needed; the Palestinian people deserve 

commendation on the confirmation of a new Prime Minister and 

Cabinet; the new Palestinian administration should urgently take 

the security-related steps necessary to allow for implementation of 

a performance-based roadmap to resolve the conflict; the U.S. Administration should work vigorously toward the goal of two states 

living side-by-side in peace within secure and internationally-recognized borders free from threats or acts of force; and the United 

States has a vital national security interest in a permanent, comprehensive, and just resolution of the Arab-Israeli conflict, and particularly the Palestinian-Israeli conflict, based on the terms of 

United Nations Security Council resolutions 242 and 338. 

SECTION 1705. RECOGNITION OF A PALESTINIAN STATE. 

This section expresses the sense of Congress that the President 

should not recognize a Palestinian state until he determines that 

a new Palestinian governing entity, not compromised by terror, has 

145

been elected and taken office. In addition the President should determine that: the newly-elected governing entity has demonstrated 

a firm and tangible commitment to peaceful coexistence with Israel 

and to ending anti-Israel incitement; has taken appropriate measures to counter terrorism and terrorist financing in the West Bank 

and Gaza; has established a new security entity that is fully cooperating with Israeli security organizations; has achieved exclusive authority and responsibility for governing the national affairs 

of a Palestinian state, has taken effective steps to ensure democracy, the rule of law, and an independent judiciary, and has adopted other reforms ensuring transparent and accountable governance; 

and has taken effective steps to ensure that its education system 

promotes the acceptance of Israel’s existence and of peace with 

Israel and actively discourages anti-Israel incitement. 

SECTION 1706. LIMITATION ON ASSISTANCE TO A PALESTINIAN 

STATE. 

This section amends Chapter 1 of part III of the Foreign Assistance Act of 1961 by adding a new section 620K. 

Section 620K(a) prohibits the provision of assistance to the government of a Palestinian state unless the President makes a certification to Congress specified in Section 620K(c)(1) and (2). 

According to paragraph (c)(1) the President must certify that a 

binding international peace agreement exists between Israel and 

the Palestinians that was freely signed by both parties, 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, provides a permanent 

resolution for both Palestinian refugees and Jewish refugees from 

Arab countries, and includes a renunciation of all remaining Palestinian claims against Israel through provisions that commit both 

sides to the ‘‘end of the conflict’’. According to paragraph (c)(2), the President must also certify 

that the new Palestinian government 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; has completely renounced the use of violence against 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; has dismantled, and terminated the funding of, 

any group within its territory that conducts terrorism against 

Israel; is engaging in ongoing and extensive security cooperation 

with Israel; refrains from any officially sanctioned or funded statement or act designed to incite Palestinians or others against Israel 

and its citizens; has an elected leadership not compromised by terror; is demilitarized; and has no alliances or agreements that pose 

a threat to the security of Israel. 

After the initial certification described above, the President must, 

90 days later, re-certify that the conditions under which he made 

an initial certification still exist. After the 90 day re-certification, 

the President must re-certify those conditions every 6 months for 

the ten-year period beginning on the date of the transmittal of the 

initial certification. After the ten-year period has expired, a certification shall be deemed to be in effect unless the President subseVerDate Jan 31 2003 01:42 May 18, 2003 Jkt 019006 PO 00000 Frm 00145 Fmt 6659 Sfmt 6602 E:\HR\OC\HR105P1.XXX HR105P1
146

quently determines that the conditions that allowed previous certifications are no longer being met and transmits to Congress a report that contains the reasons that those conditions no longer exist. 

The President may waive the limitation on assistance, that is, 

the requirement of a certification under section 620K(a), if he determines and certifies to the Committee on International Relations 

in the House and the Committee on Foreign Relations in the Senate that it is vital to the national interest to do so. 

In addition, the limitation on assistance does not apply (a) to humanitarian or development assistance that is provided through 

non-governmental organizations for the benefit of the people of 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 of the certification discussed above (with respect to 

paragraph (c)(2) thereof) or to meet the requirements set out in 

subparagraphs (A) through (H) of section 1705(2) of the Israeli-Palestinian Peace Enhancement Act of 2003. The provisions of those 

subparagraphs are summarized in the second sentence of the description of Section 1705, above. 

Assistance provided 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 

Committees on International Relations and Appropriations in the 

House and the Committees on Foreign Relations and Appropriations in the Senate in accordance with the procedures applicable to 

reprogramming notifications under section 634(a) of the Foreign 

Assistance Act of 1961. This notification requirement shall cease to 

be effective ten years after the date on which notice is first provided in accordance with this section. 

SECTION 1707. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN 

STATE. 

This section amends Chapter 1 of part III of the Foreign Assistance Act of 1961 by adding a new section 620L. 

Section 620L authorizes the President to provide assistance to a 

Palestinian state. Such assistance 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. There are authorized to be 

appropriated to the President such sums as may be necessary for 

each fiscal year to carry out these activities. 

Section 620L also requires the Secretary of State, after the President makes the certification in section 620K(c), to seek: to convene 

one or more donors conferences to gain commitments from other 

countries, multi-lateral institutions, and non-governmental organizations to provide economic assistance to Palestinians; to ensure 

that such commitments are honored in a timely manner; to ensure 

that there is coordination of assistance among the United States 

and such other countries, multi-lateral institutions and non-governmental organizations; to ensure that the assistance provided to Palestinians is used for the purposes for which it was provided; and 

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to ensure that other countries, multi-lateral institutions and nongovernmental organizations do not provide assistance to Palestinians through entities that are designated as terrorist organizations 

under United States law. 

The Secretary is required to prepare and submit to the Committees on International Relations and Appropriations of the House 

and the Committees on Foreign Relations and Appropriations in 

the Senate, a report that describes the activities undertaken to 

meet the requirements set out above, 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. The first report is due 180 days after enactment 

of this section, and annually thereafter. 

TITLE XVIII—MISCELLANEOUS FOREIGN ASSISTANCE 

PROVISIONS 

SEC. 1801. ADDITIONAL AUTHORITIES RELATING TO INTERNATIONAL 

NARCOTICS CONTROL ASSISTANCE. 

This provision ensures that any and all illegal arms brought into 

Colombia by aerial means that are in any way trafficked in connection with the illicit drug trade, are also clearly eligible for U.S. assistance in interdicting. 

SEC. 1802. UNITED STATES OPIUM ERADICATION PROGRAM IN COLOMBIA. 

This provision helps ensure the eradication of the very small but 

potent opium crop in Colombia (less than 6,000 hectares, versus 

150,000 hectares of coca) by requiring the State Department to 

train qualified and experienced Colombian pilots, who are preferably members of the Colombian National Police (CNP). The State 

Department should encourage the CNP to ensure that the police pilots are entitled to career enhancement for this difficult service. 

The local Colombian police anti-drug pilots, versus the current 

American provided contractor spray pilots, are more familiar with 

the terrain and can help to avoid the reported problems in the 

eradication program including problems with the weather, terrain 

and failure to locate crops. The Colombian opium crop must be 

eliminated at the source, as interdiction is not sufficient to end the 

growing heroin crisis in America. New and revised data show Colombian heroin makes up nearly two-thirds of the U.S. use, where 

it previously was erroneously underestimated at just one-third of 

the U.S. market. This provision supports the further 

Colombianization of the U.S. aid program. 

Nothing in this section shall prohibit the eradication of opium if 

these Colombian pilots, preferably members of the Colombian National Police, are not available after 180 days. 

SEC. 1803. COOPERATIVE DEVELOPMENT PROGRAM. 

This provision authorizes the continuation of a U.S.-Israel joint 

development program by which Israel works in African countries in 

conjunction with the U.S. Agency for International Development. 

This program furthers U.S. development goals by providing Israeli 

development expertise to African countries in need of such assistance, and enhances Israeli relations with certain African countries.

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SEC. 1804. WEST BANK AND GAZA PROGRAM. 

This section requires that prior to obligation of funds to the West 

Bank and Gaza, procedures are in place so that the Comptroller 

General will have access to financial information in order to review 

U.S. assistance to the West Bank and Gaza. It also requires the 

Secretary of State to take appropriate steps to ensure that such assistance is not provided to or through any individual or entity that 

the Secretary has reason to believe has engaged in terrorist activity. It also requires an annual independent audit of the contractors 

and grantees. Language similar to this provision is now carried in 

the relevant Appropriations Act. 

SEC. 1805. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON INCITEMENT TO ACTS OF DISCRIMINATION. 

This section amends the Foreign Assistance Act to require the 

Department of State to add a separate section with separate heading to the annual Country Reports on Human Rights Practices. 

This newly-required section will describe the nature and extent of 

propaganda in government-controlled media and other sources including educational materials and textbooks that attempt to justify 

or promote racial hatred or violence against any race or people. 

SEC. 1806. ASSISTANCE TO EAST TIMOR. 

This section authorizes $25 million for each of the fiscal years 

2003, 2004, and 2005 for the United States Agency for International Development in East Timor. The Committee notes that 

East Timor has a maternal mortality rate ten times higher than 

any other country in Southeast Asia or the Pacific region and less 

than one-quarter of Timorese women are able to access health services or midwives according to the World Health Organization. The 

literacy rate is only 43% according to the 2002 UNDP National 

Human Development Report. While noting USAID’s important 

work in democratic development, the Committee encourages greater emphasis in the area of economic assistance for East Timor that 

addresses basic services, in particular, the Committee supports significant assistance to be directed toward public education at primary and secondary school levels and vocational education; a national health care system that ensures access to basic health care 

services for East Timor’s population regardless of income; job training and creation; poverty eradication; agricultural sector development aimed at food security; and development of local water 

sources. The Committee further encourages judicial sector development, including provision and training of court reporters, interpreters and translators, as well as training, support services, and 

resources for judges and defense counsel, and other assistance 

aimed at capacity building. 

SEC. 1807. SUPPORT FOR DEMOCRACY BUILDING EFFORTS FOR CUBA. 

This section authorizes $15 million for each of the fiscal years 

2004 and 2005 to support democracy programs in Cuba. Support 

for the Cuban people is a pillar of the U.S. Government’s two-prong 

strategy toward the Cuban dictatorship. This provision authorizes 

an increase in funding of programs aimed to promote and assist the 

pro-democracy efforts of Cuba’s dissidents and internal opposition. 

These funds are designated solely for Cuba-related programs and 

should not be diverted. 

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SEC. 1808. AMENDMENT TO THE AFGHANISTAN FREEDOM SUPPORT 

ACT OF 2002. 

This provision amends the Afghanistan Freedom Support Act of 

2002 to provide that assistance to Afghanistan pursuant to that Act 

may be provided notwithstanding any provision of law. Although 

most restrictions are no longer applicable because of the change of 

government in Kabul, certain restrictions generally applicable continue to apply that are inhibiting U.S. assistance efforts, and this 

amendment will enhance U.S. efforts in that country in transition. 

SEC. 1809. CONGO BASIN FOREST PARTNERSHIP. 

This section authorizes $18.6 million for each of the fiscal years 

2004 and 2005 for the Congo Basin Forest Partnership (CBFP) program. The Subcommittee on Africa conducted an oversight hearing 

(March 11, 2003) to review the CBFP, which Secretary of State 

Colin Powell unveiled in September 2002 in Gabon. The tropical 

forests of the Congo Basin are vital to the economic livelihood of 

the people of this Central Africa region. Congo Basin forests play 

a crucial role in sustaining the environment—absorbing carbon dioxide, cleansing water, and retaining soil. They are also rapidly depleting. This program will help protect 25,000,000 key acres of 

landscape against poorly managed and non-managed logging. This 

will relieve hunting pressure that is threatening the existence of 

several species. The U.S. has a direct interest in the environmental 

health of this region, reversing current deforestation and wildlife 

depletion rates. Of the total for each year, $16,000,000 is authorized for the Central Africa Regional Program for the Environment, 

administered through the United States Agency for International 

Development. The Committee recognizes with approval that the 

CBFP is an international effort, receiving financial support from 

non-African governments, the European Commission, the International Bank for Reconstruction and Development, and non-governmental organizations. The CBFP is an impressive and innovative approach to conservation in this environmentally at risk region. 

SEC. 1810. COMBATING THE PIRACY OF UNITED STATES COPYRIGHTED MATERIALS. 

This section authorizes $10 million for the Department of State 

for purposes of providing direct assistance to non-OECD countries 

to combat piracy of U.S. copyrighted works. Specifically, it authorizes the Department to provide equipment and training to foreign 

law enforcement, judges and prosecutors and assistance in complying with its obligations under appropriate international copyright and intellectual property treaties and agreements such as the 

Berne Convention and the World Trade Organization’s Agreement 

on Trade Related Aspects of Intellectual Property Rights (TRIPs). 

The Committee is concerned about the increasing global problem 

of piracy and counterfeiting of intellectual property and the need 

to take additional measures to combat the misappropriation of the 

single largest sector of the American economy. The value of our intellectual property exports now exceeds five (5) percent of the gross 

domestic product. Intellectual property crimes cost hundreds of billions of dollars globally each year. 

The Chief of the Intellectual Property and Competition Policy Division, in consultation with the Chief of the Office of Anti-Crime 

Programs, Organized Crime Division, Bureau for International 

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Narcotics and Law Enforcement Affairs, Department of State, shall 

determine the expenditure of funds authorized under this section. 

The Department shall develop a process and timetable by which 

the principal diplomatic officer to a country identified under the 

United States Trade Representative’s ‘‘Priority Watch List’’ shall 

prepare a comprehensive plan recommending steps that the United 

States should take to address the intellectual property enforcement-related deficiencies noted in the United States Trade Representative’s ‘‘Special 301 Report.’’ Countries not identified on the ‘‘Priority Watch List’’ may also submit plans and request funds as 

outlined in this section, but requests in connection with countries 

identified on the ‘‘Priority Watch List’’ shall take precedence. 

The Department should make every effort to consult with, and 

provide assistance to, the World Intellectual Property Organization 

for the purpose of promoting the integration of non-OECD countries into the global intellectual property system. 

SEC. 1811. ASSISTANCE FOR LAW ENFORCEMENT FORCES IN CERTAIN 

FOREIGN COUNTRIES. 

This section authorizes the Administrator of the United States 

Agency for International Development (USAID) to provide assistance to law enforcement agencies in the Government of India, 

Northern Ireland, and the Republic of Ireland. USAID will be able 

to assist India in disaster management and response, access to justice for women, and trafficking of persons. 

The Committee believes that the authorities granted to USAID 

through this section are necessary for the following reasons. First, 

India is one of the most disaster-prone countries in South Asia. 

Virtually every year, large segments of the population suffer from 

losses related to recurring events such as heavy rains, landslides, 

flooding, and drought. To enhance its disaster management and response ability, the Government of India (GOI) has requested 

USAID assistance to develop local capacity for medical-first-response and search-and-rescue battalions of the Central Industrial 

Security Force (CISF) and the Indo-Tibetan Border Police (ITBP), 

which are the GOI’s key service providers in the event of a natural 

disaster. However, because both CISF and ITBP are law enforcement agencies, USAID is unable to help them without the authorization provided by this section. 

Second, despite extensive constitutional and statutory safeguards, large sections of the Indian polity remain disadvantaged in 

their quest for equitable treatment under the civil and criminal judicial systems. Discrimination against women remains entrenched 

in India. Women face serious obstacles in protecting their rights. 

To address these critical problems, USAID should provide assistance to improve Indian women’s access to justice. Assistance in this 

area cannot be fully successful without working with law enforcement entities. 

Finally, India is a significant source for internally trafficked 

women and children. The criminal nature of trafficking makes it 

essential to work with law enforcement agencies. This section extends the authority provided in the Omnibus Appropriations Act 

for fiscal year 2003 to fiscal years 2004 and 2005. 

The provision relating to the Republic of Ireland and Northern 

Ireland police force will allow AID to provide computer-based, 

human rights and other professional training to the Police Service 

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of Northern Ireland and also to provide training to the Garda 

S ́ıocha ́na for the purposes of fostering greater cooperation and communication between the two police forces as recommended by the 

Patten Commission. 

The provision regarding police training in Northern Ireland shall 

be administered where practicable consistent with the established 

vetting procedures for provision of training by US law enforcement 

entities as established in Section 504 of P.L. 106–113, ‘‘Admiral 

James W. Nance and Meg Donovan Foreign Relations Authorization Act’’ which stipulated that certain minimum human rights 

standards must be met before US support is provided to any entity 

working with policing in Northern Ireland. 

In particular section 405(c)(1)(C) of that Act established a vetting 

procedure to exclude from training Northern Ireland police officers 

‘‘who there are substantial grounds for believing have committed or 

condoned violations of internationally recognized human rights, including any role in the murder of Patrick Finucane or Rosemary 

Nelson or other violence or serious threat of violence against defense attorneys in Northern Ireland.’’

SEC. 1812. HUMAN RIGHTS AND DEMOCRACY FUND. 

This section extends the authorization for the Human Rights and 

Democracy Fund, which is administered by the Bureau of Human 

Rights, Democracy and Labor at the United States Department of 

State, for each of the fiscal years 2003 through 2005. It grants authority to provide $21,500,000 in fiscal year 2003; $24,000,000 in 

fiscal year 2004 and such sums as may be necessary in fiscal year 

2005 to the Fund. 

SEC. 1813. ENHANCED POLICE TRAINING. 

The section provides for a limited, ‘‘democratic policing’’ exception to the general prohibition under section 660 of the Foreign Assistance Act of 1961 regarding police assistance to foreign countries. The section authorizes the United States to assist foreign law 

enforcement agencies for the purposes of improving their performance on such things as human rights, the rule of law, anti-corruption, combating the trafficking of persons, particularly by organized 

crime, counter-narcotics, and community relations. 

To the extent that assistance is provided for the purpose of strategic planning, it should be provided only for the purpose of reforming, restructuring, and building the institutional capacity of law enforcement agencies so that they are better able to safeguard human 

rights, promote the rule of law, and combat corruption and the trafficking of persons in their respective countries. Assistance provided 

to prevent conflict should be provided only for the purpose of mitigating violence associated with common crime, such as gang violence associated with narcotics trafficking. 

The provision is a natural outgrowth of the existing exemption 

that permits police assistance for most of these purposes in postconflict situations (section 660(b)(6)), reflects language adopted in 

appropriations bills from previous fiscal years, and responds to a 

recent GAO study that found that the current section 660 restrictions were constraining the USG’s ability, working through NGOs, 

to consolidate democracy not only in Central America and the Andean region but also worldwide. 

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The Committee believes that assistance under this section should 

be provided to countries with democratically elected governments 

under civilian control with a commitment to preventing human 

rights abuses by their police forces and as part of a broader development strategy to enhance democratic governance, maximize the 

involvement of civil society in decision-making at the national, regional, and local levels, strengthen human rights, and increase the 

accountability and transparency of government agencies, including 

law enforcement entities, to the communities which they serve. Assistance provided under this section should be fully transparent 

and include mechanisms to encourage continued, cooperative contact with recipients of training. 

SEC. 1814. PROMOTING A SECURE AND DEMOCRATIC AFGHANISTAN. 

The Congress made it clear in the Afghanistan Freedom Support 

Act of 2002, that the United States is committed to a free, educated, and developed Afghanistan that serves as a model for democracy and participation for other countries, especially those in the 

Muslim world. Unfortunately, Afghanistan today still balances on 

the precipice between, on the one hand, security and reconstruction 

and, on the other, a return to unrest and chaos. 

The United States has declared that ‘‘major combat operations’’

in Afghanistan are over, and its attention will now shift to reconstruction and stability operations. However, the Committee believes that the current security situation prevents many important 

reconstruction efforts from gaining traction. The entire Bonn Process and its hope for democratic and peaceful representative institutions is seriously threatened by a deteriorating security environment, and current efforts by the United States and others in the 

world community to promote greater security are inadequate. 

Basic security is still lacking in cities and towns, and along the 

key highways that are critical to the development of Afghanistan. 

Afghans remain under serious threat from terrorism, insurgency, 

widespread crime, banditry, intimidation, rape, suppression of minorities and women, and other grave violations of human rights 

that continue to occur, especially in areas that do not have a routine presence of United States or international security personnel. 

In March and April of this year, there have been approximately 

twenty attacks on United States and Afghan military forces and civilians and on international relief workers. According to USAID’s 

Inspector General, AID staff are nearly captives in their own compounds, able to venture out into the countryside for brief periods 

and only under heavy armed escort. Non-governmental organization aid workers have no such protection. Taliban and al-Qaeda 

terrorists are deliberately targeting US and foreign civilian aid 

workers to drive them from the country and reverse Afghanistan’s 

transformation. 

The Committee notes that the training of an Afghan National 

Army is seriously behind schedule and that it will not be fully capable for years. Disarmament and reintegration of militias and 

irregulars has not begun. Police training, which will be carried on 

by Germany, has not yet had a serious impact; in many areas militia or police (although not the police who have been trained by the 

Germans) have been implicated in home invasions and other serious crimes. 

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There has been no indication that the International Security Assistance Force, soon to be taken over by NATO, will increase in size 

or capability, or operate outside of Kabul. Even in Kabul, security 

has been reported to be shaky, and intimidation of Afghani politicians and journalists, including in Kabul, has been reported. The 

establishment of Provincial Reconstruction Teams, as presently 

constituted, in and of themselves, will not substitute for more vigorous efforts. 

The Committee firmly believes that unless we address these security gaps promptly, Afghanistan could slide back into chaos and 

again become a haven for global terrorists. 

Subsection (b) directs the President (1) to take immediate steps 

to ensure that there is more security for reconstruction, including 

along major highways, to stop banditry, illegal checkpoints, human 

rights abuses, and intimidation, and (2) to take immediate steps to 

support the disarmament of Afghan militias and irregulars. 

Subsection (c) states the sense of Congress that the President 

should significantly expand the International Security Assistance 

Force, as was endorsed a ‘‘sense of Congress’’ provision in the Afghanistan Freedom Support Act, or should take such other steps, 

such as increasing the number and force levels of U.S. Provincial 

Reconstruction Teams, to promote security across wider areas. 

SEC. 1815. GRANTS TO THE AFRICA SOCIETY. 

The section authorizes $1 million to the Africa Society to carry 

out programs and activities that advance United States core values 

and interests in Africa through public and private partnerships to 

facilitate the continent’s political transition to democratic societies, 

support economic development through trade and investment, encourage the development of African civil society, and promote 

awareness of all Americans about Africa. 

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ADDITIONAL VIEWS OF REPRESENTATIVE TOM LANTOS 

The Committee and the Congress spoke loudly and clearly in the 

Afghanistan Freedom Support Act of 2002 that the United States 

is committed to an Afghanistan that is dedicated to the liberty, literacy, and enrichment of its citizens, and serves as a model for democracy and participation for other countries, especially those in 

the Muslim world. Unfortunately, Afghanistan today still balances 

on the precipice between security and reconstruction, and a return 

to unrest and chaos. 

The United States has declared that the ‘‘combat phase’’ of the 

war in Afghanistan is over, and its attention will now shift to reconstruction and stability operations. However, the security situation does not permit any significant reconstruction efforts to gain 

traction. The entire Bonn Process and its hope for democratic and 

peaceful representative institutions is seriously threatened by a deteriorating security environment, and current U.S. efforts to promote greater security are inadequate. 

Basic security is still lacking in the major cities and along key 

highways that are critical to the development of Afghanistan. Afghans remain under serious threat from terrorism, insurgency, 

widespread crime, banditry, intimidation, rape, suppression of minorities and women, and other grave violations of human rights 

that continue to occur, especially in areas that do not have a routine presence of U.S. or international security personnel. In March 

and April of this year, there have been approximately twenty attacks on US and Afghan military forces and civilians as well as on 

international relief workers. According to USAID’s Inspector General, AID staff are nearly captives in their own compounds, able to 

venture out into the countryside for brief periods and only under 

heavy armed escort. NGO aid workers have no such protection. 

Taliban and al-Qaeda terrorists are deliberately targeting US and 

foreign civilian aid workers to drive them from the country and 

stop Afghanistan’s transformation. 

Training of an Afghan National Army is seriously behind schedule and will not be at full strength for several years. Police training 

is almost non-existent. Disarmament and reintegration of militias 

and irregulars has not even begun. The International Security Assistance Force, soon to be taken over by NATO, will not increase 

in size or capability, nor operate outside of Kabul. 

The Administration’s response to this security vacuum has been 

to tout its lightly-armed, platoon-sized ‘‘Provincial Reconstruction 

Teams’’ to bring order to small areas in major cities, and to promise to pursue terrorists and bandits. This is well-intentioned but 

completely inadequate. Pursuit of terrorists after they have terrorized does little to encourage aid workers and investors to risk their 

personal and financial safety to rebuild Afghanistan: ‘‘we will 

avenge you’’ is not so reassuring as ‘‘we will protect you.’’

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Unless we address these security gaps immediately, Afghanistan 

could slide back into chaos and again become a haven for global 

terrorists. 

TOM LANTOS.

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