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86–991PDF 2003

THE FOREIGN RELATIONS AUTHORIZATION ACT

FOR FISCAL YEARS 2004 AND 2005

(STATE DEPARTMENT AUTHORIZATION); AND

THE SENSE OF CONGRESS THAT THE U.N.

SHOULD REMOVE THE ECONOMIC SANCTIONS

AGAINST IRAQ COMPLETELY AND WITHOUT

CONDITION

MARKUP

BEFORE THE

COMMITTEE ON 

INTERNATIONAL RELATIONS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION

ON

H.R. 1950 and H. Con. Res. 160

MAY 7 AND 8, 2003

Serial No. 108–31

Printed for the use of the Committee on International Relations

(

Available via the World Wide Web: http://www.house.gov/international—relations 

(II)

COMMITTEE ON INTERNATIONAL RELATIONS 

HENRY J. HYDE, Illinois, Chairman 

JAMES A. LEACH, Iowa 

DOUG BEREUTER, Nebraska 

CHRISTOPHER H. SMITH, New Jersey, 

Vice Chairman 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

ILEANA ROS-LEHTINEN, Florida 

CASS BALLENGER, North Carolina 

DANA ROHRABACHER, California 

EDWARD R. ROYCE, California 

PETER T. KING, New York 

STEVE CHABOT, Ohio 

AMO HOUGHTON, New York 

JOHN M. MCHUGH, New York 

THOMAS G. TANCREDO, Colorado 

RON PAUL, Texas 

NICK SMITH, Michigan 

JOSEPH R. PITTS, Pennsylvania 

JEFF FLAKE, Arizona 

JO ANN DAVIS, Virginia 

MARK GREEN, Wisconsin 

JERRY WELLER, Illinois 

MIKE PENCE, Indiana 

THADDEUS G. MCCOTTER, Michigan 

WILLIAM J. JANKLOW, South Dakota 

KATHERINE HARRIS, Florida 

TOM LANTOS, California 

HOWARD L. BERMAN, California 

GARY L. ACKERMAN, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

DONALD M. PAYNE, New Jersey 

ROBERT MENENDEZ, New Jersey 

SHERROD BROWN, Ohio 

BRAD SHERMAN, California 

ROBERT WEXLER, Florida 

ELIOT L. ENGEL, New York 

WILLIAM D. DELAHUNT, Massachusetts 

GREGORY W. MEEKS, New York 

BARBARA LEE, California 

JOSEPH CROWLEY, New York 

JOSEPH M. HOEFFEL, Pennsylvania 

EARL BLUMENAUER, Oregon 

SHELLEY BERKLEY, Nevada 

GRACE F. NAPOLITANO, California 

ADAM B. SCHIFF, California 

DIANE E. WATSON, California 

ADAM SMITH, Washington 

BETTY MCCOLLUM, Minnesota 

CHRIS BELL, Texas 

THOMAS E. MOONEY, SR., Staff Director/General Counsel 

ROBERT R. KING, Democratic Staff Director 

KRISTEN GILLEY, Senior Professional Staff Member 

DANIEL FREEMAN, Counsel/Parliamentarian 

LIBERTY DUNN, Staff Associate 

(III)

C O N T E N T S 

Page

MARKUP OF 

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 .................. 2

H. Con. Res. 160, Expressing the sense of Congress that the United Nations 

should remove the economic sanctions against Iraq completely and without 

condition ................................................................................................................ 333

AMENDMENTS TO H.R. 1950

Amendment offered by the Honorable Henry J. Hyde, a Representative in 

Congress from the State of Illinois, and Chairman, Committee on International Relations ................................................................................................ 223

Amendment offered by the Honorable James A. Leach, a Representative 

in Congress from the State of Iowa .................................................................... 248

Amendment offered by the Honorable Joseph Crowley, a Representative in 

Congress from the State of New York ................................................................ 253

Amendment offered by the Honorable Dana Rohrabacher, a Representative 

in Congress from the State of California ........................................................... 268

Amendment offered by the Honorable Tom Lantos, a Representative in Congress from the State of California ....................................................................... 273

Amendment offered by the Honorable Nick Smith, a Representative in Congress from the State of Michigan ........................................................................ 295

Amendment offered by the Honorable Robert Menendez, a Representative 

in Congress from the State of New Jersey ......................................................... 298

Amendment offered by the Honorable Edward R. Royce, a Representative 

in Congress from the State of California ........................................................... 311

Amendments offered en bloc by the Honorable Christopher H. Smith, a Representative in Congress from the State of New Jersey, .................................... 319

Amendments offered by the Honorable Eni F.H. Faleomavaega, a Representative in Congress from American Samoa ............................................................. 340

Amendment offered by the Honorable Christopher H. Smith ............................. 348

Amendment offered by the Honorable Shelley Berkley, a Representative in 

Congress from the State of Nevada .................................................................... 355

Amendment offered by the Honorable Christopher H. Smith ............................. 359

Amendment offered by the Honorable Donald M. Payne, a Representative 

in Congress from the State of New Jersey ......................................................... 361

Amendment offered by the Honorable Thomas G. Tancredo, a Representative 

in Congress from the State of Colorado ............................................................. 365

Amendment offered by the Honorable William D. Delahunt, a Representative 

in Congress from the State of Massachusetts .................................................... 380

Amendment offered by the Honorable Jeff Flake, a Representative in Congress from the State of Arizona, and the Honorable William D. Delahunt .... 388

En Bloc Amendment offered by the Honorable Henry J. Hyde; the Honorable 

Robert Menendez; the Honorable Ileana Ros-Lehtinen, a Representative 

in Congress from the State of Florida; the Honorable Tom Lantos; the 

Honorable Brad Sherman, a Representative in Congress from the State 

of California; the Honorable Betty McCollum, a Representative in Congress 

from the State of Minnesota; the Honorable Gregory W. Meeks, a Representative in Congress from the State of New York; the Honorable Robert 

Wexler, a Representative in Congress from the State of Florida; and the 

Honorable Eni F.H. Faleomavaega ..................................................................... 392

Page

IV

Amendment offered by the Honorable Ron Paul, a Representative in Congress 

from the State of Texas ....................................................................................... 429

Amendment offered by the Honorable Robert Menendez ..................................... 439

Amendment offered by the Honorable Robert Menendez ..................................... 443

Amendment offered by the Honorable Robert Menendez ..................................... 457

Amendment offered by the Honorable Cass Ballenger, a Representative in 

Congress from the State of North Carolina ....................................................... 464

Amendment offered by the Honorable Elton Gallegly, a Representative in 

Congress from the State of California ................................................................ 471

AMENDMENT TO H. CON. RES. 160

Amendment in the nature of a substitute offered by the Honorable Nick 

Smith ..................................................................................................................... 336

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD 

The Honorable Henry J. Hyde, a Representative in Congress from the State 

of Illinois, and Chairman, Committee on International Relations: Prepared 

statement on H.R. 1950 ....................................................................................... 218

APPENDIX 

The Honorable Adam B. Schiff, a Representative in Congress from the State 

of California: Prepared statement on H.R. 1950 ............................................... 487

(1)

FOREIGN RELATIONS AUTHORIZATION ACT 

FOR FISCAL YEARS 2004 AND 2005

(STATE DEPARTMENT AUTHORIZATION); AND 

THE SENSE OF CONGRESS THAT THE 

U.N. SHOULD REMOVE THE ECONOMIC 

SANCTIONS AGAINST IRAQ 

COMPLETELY AND WITHOUT CONDITION 

WEDNESDAY, MAY 7, 2003

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON INTERNATIONAL RELATIONS, 

Washington, DC. 

The Committee met, pursuant to call, at 10:45 a.m. in Room 

2172, Rayburn House Office Building, Hon. Henry J. Hyde (Chairman of the Committee) presiding. 

Chairman HYDE. The Committee will come to order. Pursuant to 

notice, I now call up H.R. 1950, the Foreign Relations Act for fiscal 

years 2004 and 2005 for purposes of markup and move its favorable recommendation to the House. 

[H.R. 1950 follows:]

2

1

I

108TH CONGRESS

1ST SESSION H. R. 1950

To authorize appropriations for the Department of State for the fiscal years

2004 and 2005, to authorize appropriations under the Arms Export

Control Act and the Foreign Assistance Act of 1961 for security assistance for fiscal years 2004 and 2005, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 5, 2003

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

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

A BILL

To authorize appropriations for the Department of State

for the fiscal years 2004 and 2005, to authorize appropriations under the Arms Export Control Act and the

Foreign Assistance Act of 1961 for security assistance

for fiscal years 2004 and 2005, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Foreign Relations Au5 thorization Act, Fiscal Years 2004 and 2005’’.


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•HR 1950 IH

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

2 CONTENTS.

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

4 Act is organized into two divisions as follows:

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

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

8 Assistance Reform Act of 2003.

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

Sec. 1. Short title.

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

Sec. 3. Definitions.

DIVISION A—DEPARTMENT OF STATE AUTHORIZATION ACT,

FISCAL YEARS 2004 AND 2005

Sec. 101. Short title.

TITLE I—AUTHORIZATIONS OF APPROPRIATIONS

Subtitle A—Department of State

Sec. 111. Administration of foreign affairs.

Sec. 112. United States educational and cultural programs.

Sec. 113. Contributions to international organizations.

Sec. 114. International commissions.

Sec. 115. Migration and refugee assistance.

Sec. 116. Voluntary contributions to international organizations.

Sec. 117. Voluntary contributions for international peacekeeping activities.

Sec. 118. Grants to the Asia Foundation.

Subtitle B—United States International Broadcasting Activities

Sec. 121. Authorizations of appropriations.

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND

ACTIVITIES

Subtitle A—United States Public Diplomacy

Sec. 201. Findings and purposes.

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

Sec. 203. Annual plan on public diplomacy strategy.

Sec. 204. Public diplomacy training.

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

Sec. 206. Library program.


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•HR 1950 IH

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

Africa.

Subtitle B—Basic Authorities and Activities

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

Israel.

Sec. 222. Continuation of reporting requirements.

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

with other countries.

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

of State.

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

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

United States foreign assistance.

Sec. 227. Security capital cost sharing.

Sec. 228. Authority to issue administrative subpoenas.

Subtitle C—Educational and Cultural Authorities

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

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

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

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

program for foreign journalists.

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

Subtitle D—Consular Authorities

Sec. 271. Machine readable visas.

Sec. 272. Processing of visa applications.

Sec. 273. Staffing at diplomatic missions.

TITLE III—ORGANIZATION AND PERSONNEL OF THE

DEPARTMENT OF STATE

Sec. 301. Fellowship of Hope Program.

Sec. 302. Claims for lost pay.

Sec. 303. Ombudsman for the Department of State.

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

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

Sec. 306. Home leave.

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

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

Sec. 309. Minority recruitment.

TITLE IV—INTERNATIONAL ORGANIZATIONS

Subtitle A—Basic Authorities and Activities

Sec. 401. Raising the cap on peacekeeping contributions.

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

Sec. 403. UNESCO national commission.

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


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•HR 1950 IH

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

European and Others Group at the United Nations.

Subtitle B—United States International Leadership

Sec. 431. Short title.

Sec. 432. Findings.

Sec. 433. Establishment of a democracy caucus.

Sec. 434. Annual diplomatic missions on multilateral issues.

Sec. 435. Leadership and membership of international organizations.

Sec. 436. Increased training in multilateral diplomacy.

Sec. 437. Promoting assignments to international organizations.

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

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

TITLE V—UNITED STATES INTERNATIONAL BROADCASTING

ACTIVITIES

Subtitle A—Basic Authorities and Activities

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

Sec. 502. Improving signal delivery to Cuba.

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

Marti and TV Marti.

Subtitle B—Global Internet Freedom

Sec. 521. Short title.

Sec. 522. Findings.

Sec. 523. Purposes.

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

Subtitle C—Reorganization of United States International Broadcasting

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

Sec. 532. Authorities and functions of the agency.

Sec. 533. Role of the Secretary of State.

Sec. 534. Administrative provisions.

Sec. 535. Broadcasting Board of Governors and International Broadcasting

Bureau.

Sec. 536. Transition.

Sec. 537. Conforming amendments.

Sec. 538. References.

Sec. 539. Broadcasting standards.

Sec. 540. Effective date.

TITLE VI—INTERNATIONAL FREE MEDIA ACT OF 2003

Sec. 601. Short title.

Sec. 602. Definitions.

Sec. 603. Findings.

Sec. 604. Statements of policy.

Sec. 605. Coordinator for International Free Media.

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


86991a.AAE
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•HR 1950 IH

Sec. 607. International Free Media Fund.

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

TITLE VII—MISCELLANEOUS PROVISIONS

Subtitle A—Reporting Requirements

Sec. 701. Reports on benchmarks for Bosnia.

Sec. 702. Reports to Committee on International Relations.

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

other terrorist leaders in Colombia.

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

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

artist Dina Babbitt.

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

Sec. 707. Report concerning the conflict in Uganda.

Subtitle B—Other Matters

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

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

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

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

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

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

DIVISION B—DEFENSE TRADE AND SECURITY ASSISTANCE

REFORM ACT OF 2003

TITLE X—GENERAL PROVISIONS

Sec. 1001. Short title.

Sec. 1002. Definitions.

Sec. 1003. References to Arms Export Control Act.

TITLE XI—TERRORIST-RELATED PROHIBITIONS AND

ENFORCEMENT MEASURES

Sec. 1101. Eligibility provisions.

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

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

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

law.

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

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

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

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

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

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

dual use goods and technology discovered in Iraq.

TITLE XII—STRENGTHENING MUNITIONS EXPORT CONTROLS

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


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•HR 1950 IH

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

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

Australia, New Zealand, and Japan.

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

Kingdom.

Sec. 1205. Training and liaison for small businesses.

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

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

TITLE XIII—SECURITY ASSISTANCE AND RELATED PROVISIONS

Subtitle A—Foreign Military Sales and Financing Authorities

Sec. 1301. Authorization of appropriations.

Sec. 1302. Provision of cataloging data and services.

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

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

Subtitle B—International Military Education and Training

Sec. 1311. Authorization of appropriations.

Sec. 1312. Annual foreign military training reporting.

Subtitle C—Assistance for Select Countries

Sec. 1321. Assistance for Israel.

Sec. 1322. Assistance for Egypt.

Subtitle D—International Narcotics Control Assistance

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

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

Subtitle E—Miscellaneous Provisions

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

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

War Reserve Stockpiles for Allies.

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

Sec. 1344. Assistance for demining and related activities.

Sec. 1345. Cooperative Development Program.

Sec. 1346. West Bank and Gaza program.

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

Sec. 1348. Assistance to East Timor.

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

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

Sec. 1351. Congo Basin Forest Partnership.

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

Sec. 1353. Reports relating to Treaty Between the United States and the Russian Federation on Strategic Offensive Reductions.


86991a.AAG
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•HR 1950 IH

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

Sec. 1355. Nonproliferation and Disarmament Fund.

Sec. 1356. Maritime interdiction patrol boats for Mozambique.

TITLE XIV—MISSILE THREAT REDUCTION ACT OF 2003

Sec. 1401. Short title.

Subtitle A—Strengthening International Missile Nonproliferation Law

Sec. 1411. Findings.

Sec. 1412. Policy of the United States.

Sec. 1413. Sense of Congress.

Subtitle B—Strengthening United States Missile Nonproliferation Law

Sec. 1421. Probationary period for foreign persons.

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

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

responsible persons.

Subtitle C—Incentives for Missile Threat Reduction

Sec. 1431. Foreign assistance.

Sec. 1432. Authorization of appropriations.

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

1 SEC. 3. DEFINITIONS.

2 In this Act:

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

6 of the Senate and the Committee on International

7 Relations of the House of Representatives.

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

9 means the Department of State.

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

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


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•HR 1950 IH

1 DIVISION A—DEPARTMENT OF

2 STATE AUTHORIZATION ACT,

3 FISCAL YEARS 2004 AND 2005

4 SEC. 101. SHORT TITLE.

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

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

7 TITLE I—AUTHORIZATIONS OF

8 APPROPRIATIONS

9 Subtitle A—Department of State

10 SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS.

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

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

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

18 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

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

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

23 2005.

24 (B) PUBLIC DIPLOMACY.—


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

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

5 year 2005 is authorized to be appropriated

6 for public diplomacy.

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

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

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

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

15 State.

16 (iii) TRANSLATION SERVICES.—Of the

17 amounts authorized to be appropriated

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

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

20 year 2005 is authorized to be available for

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

23 (C) WORLDWIDE SECURITY UPGRADES.—

24 Of the amounts authorized to be appropriated

25 by subparagraph (A), $646,701,000 for the fisVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00016 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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•HR 1950 IH

1 cal year 2004 and $679,036,000 for the fiscal

2 year 2005 is authorized to be appropriated for

3 worldwide security upgrades.

4 (D) BUREAU OF DEMOCRACY, HUMAN

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

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

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

11 Rights, and Labor.

12 (E) RECRUITMENT OF MINORITY

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

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

17 for the recruitment of members of minority

18 groups for careers in the Foreign Service and

19 international affairs.

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

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

23 2005.

24 (3) EMBASSY SECURITY, CONSTRUCTION AND

25 MAINTENANCE.—


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

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

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

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

9 Years 2000 and 2001 (as enacted into law by

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

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

12 1501A–470).

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

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

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

18 (113 Stat. 1501A–453) is amended—

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

20 striking ‘‘and’’;

21 (ii) in paragraph (5) by striking

22 ‘‘$900,000,000.’’ and inserting

23 ‘‘$1,000,000,000; and’’; and

24 (iii) by inserting after paragraph (5)

25 the following:


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•HR 1950 IH

1 ‘‘(6) for fiscal year 2005,

2 $1,000,000,000.’’.

3 (4) REPRESENTATION ALLOWANCES.—For

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

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

6 2005.

7 (5) PROTECTION OF FOREIGN MISSIONS AND

8 OFFICIALS.—For ‘‘Protection of Foreign Missions

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

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

11 (6) EMERGENCIES IN THE DIPLOMATIC AND

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

14 fiscal year 2004 and such sums as may be necessary

15 for the fiscal year 2005.

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

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

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

19 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

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

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

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

23 (9) OFFICE OF THE INSPECTOR GENERAL.—

24 For ‘‘Office of the Inspector General’’, $31,703,000


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1 for the fiscal year 2004 and $32,654,000 for the fis2 cal year 2005.

3 (b) AVAILABILITY OF FUNDS FOR PROTECTION OF

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

7 SEC. 112. UNITED STATES EDUCATIONAL AND CULTURAL

8 PROGRAMS.

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

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

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

16 and Restructuring Act of 1998, the Center for Cultural

17 and Technical Interchange Between East and West Act

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

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

20 and to carry out other authorities in law consistent with

21 such purposes.

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

24 (1) AUTHORIZATION OF APPROPRIATIONS.—For

25 ‘‘Educational and Cultural Exchange Programs’’,


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•HR 1950 IH

1 $393,000,000 for the fiscal year 2004 and

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

3 (2) PROGRAMS IN EASTERN EUROPE AND

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

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

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

8 to be available for programs in Eastern Europe and

9 countries of the former Soviet Union.

10 (3) ACADEMIC EXCHANGE PROGRAMS.—

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

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

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

18 (B) HIV/AIDS INITIATIVE.—Of the

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

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

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

24 (C) FULBRIGHT ENGLISH TEACHING AS25 SISTANT PROGRAM IN KOREA.—Of the amounts


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1 authorized to be available by subparagraph (A),

2 $750,000 for the fiscal year 2004 and

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

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

6 United States citizen students to serve as

7 English language teaching assistants at Korean

8 colleges and high schools.

9 (D) DANTE B. FASCELL NORTH-SOUTH

10 CENTER.—Of the amounts authorized to be

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

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

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

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

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

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

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

22 and cultural exchange programs authorized by

23 law.

24 (B) INITIATIVES FOR PREDOMINANTLY

25 MUSLIM COUNTRIES.—Of the amounts authorVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00022 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 ized to be available under subparagraph (A),

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

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

7 (C) TIBETAN EXCHANGES.—Of the

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

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

11 authorized to be available for ‘‘Ngawang

12 Choephel Exchange Programs’’ (formerly

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

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

16 the Human Rights, Refugee, and Other Foreign

17 Relations Provisions Act of 1996 (Public Law

18 104–319).

19 (D) EAST TIMORESE SCHOLARSHIPS.—Of

20 the amounts authorized to be available under

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

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

23 authorized to be available for ‘‘East Timorese

24 Scholarships’’.


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1 (E) SOUTH PACIFIC EXCHANGES.—Of the

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

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

5 authorized to be available for ‘‘South Pacific

6 Exchanges’’.

7 (F) SUDANESE SCHOLARSHIPS.—Of the

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

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

11 authorized to be available for scholarships for

12 students from southern Sudan for secondary or

13 postsecondary education in the United States,

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

15 (G) SUMMER INSTITUTES FOR KOREAN

16 STUDENTS.—Of the amounts authorized to be

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

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

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

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

23 democratic culture) for college and university

24 students from the Republic of Korea, to be


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1 known as the ‘‘United States Summer Insti2 tutes for Korean Student Leaders’’.

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

5 AMERICA.—Of the amounts authorized to be

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

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

8 year 2005 is authorized to be available for

9 scholarships for secondary and postsecondary

10 education in the United States for students

11 from Mexico and the countries of Central and

12 South America who are from the indigenous

13 peoples of the region.

14 (c) NATIONAL ENDOWMENT FOR DEMOCRACY.—

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

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

18 (2) INITIATIVES FOR PREDOMINANTLY MUSLIM

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

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

22 2005 is authorized to be available for the National

23 Endowment for Democracy to fund programs that

24 promote democracy, good governance, the rule of

25 law, independent media, religious tolerance, the


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1 rights of women, and strengthening of civil society

2 in countries of predominantly Muslim population

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

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

7 for Cultural and Technical Interchange between East and

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

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

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

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

12 for democracy activists and scholars from around the

13 world at the International Forum for Democratic Studies

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

15 with other activists and scholars and with Americans,

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

17 the fiscal year 2005.

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

20 Self-Reliance and International Anti-Corruption Act of

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

22 ‘‘$1,500,000’’ and inserting ‘‘$2,500,000’’.


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1 SEC. 113. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA2 TIONS.

3 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

4 ORGANIZATIONS.—There is authorized to be appropriated

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

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

9 responsibilities in the conduct of the foreign affairs of the

10 United States with respect to international organizations

11 and to carry out other authorities in law consistent with

12 such purposes.

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

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

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

19 authorities, functions, duties, and responsibilities in the

20 conduct of the foreign affairs of the United States with

21 respect to international peacekeeping activities and to

22 carry out other authorities in law consistent with such

23 purposes.

24 (c) FOREIGN CURRENCY EXCHANGE RATES.—

25 (1) AUTHORIZATION OF APPROPRIATIONS.—In

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1 priated by subsection (a), there is authorized to be

2 appropriated such sums as may be necessary for the

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

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

7 obligation and expenditure only to the extent that

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

12 (d) REFUND OF EXCESS CONTRIBUTIONS.—The

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

15 or refund to each member of the organization or agency

16 concerned its proportionate share of the amount by which

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

19 the organization or agency.

20 SEC. 114. INTERNATIONAL COMMISSIONS.

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

24 and responsibilities in the conduct of the foreign affairs


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1 of the United States with respect to international commis2 sions, and for other purposes authorized by law:

3 (1) INTERNATIONAL BOUNDARY AND WATER

4 COMMISSION, UNITED STATES AND MEXICO.—For

5 ‘‘International Boundary and Water Commission,

6 United States and Mexico’’—

7 (A) for ‘‘Salaries and Expenses’’,

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

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

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

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

12 year 2005.

13 (2) INTERNATIONAL BOUNDARY COMMISSION,

14 UNITED STATES AND CANADA.—For ‘‘International

15 Boundary Commission, United States and Canada’’,

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

17 for the fiscal year 2005.

18 (3) INTERNATIONAL JOINT COMMISSION.—For

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

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

21 year 2005.

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

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

25 $20,043,000 for the fiscal year 2005.


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1 SEC. 115. MIGRATION AND REFUGEE ASSISTANCE.

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

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

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

6 2005.

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

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

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

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

11 resettlement of refugees in Israel.

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

13 the amount authorized to be appropriated by subsection

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

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

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

19 Tibet.

20 (d) HUMANITARIAN ASSISTANCE FOR DISPLACED

21 BURMESE.—Of the amount authorized to be appropriated

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

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

24 available for humanitarian assistance (including food,

25 medicine, clothing, and medical and vocational training)


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

2 including persons still within Burma.

3 (e) AVAILABILITY OF FUNDS.—Funds appropriated

4 pursuant to this section are authorized to remain available

5 until expended.

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

8 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated for the Department of State

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

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

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

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

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

21 amounts authorized to be appropriated under subsection

22 (a) $2,000,000 for fiscal years 2004 and 2005 is author23 ized to be available for a United States voluntary contribu24 tion to the Organization of American States for the Inter25 American Committee Against Terrorism (CICTE) to idenVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00031 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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

3 appropriate technologies for improving port security in the

4 Western Hemisphere. Amounts authorized to be available

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

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

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

13 2004 and 2005 for United States contributions to

14 the United Nations Development Program an

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

17 fiscal year shall be withheld unless during such fiscal

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

21 (2) CERTIFICATION.—The certification referred

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

24 the United Nations Development Program (including


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

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

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

7 have been deemed independent of the State

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

11 with the leadership of the National League for

12 Democracy and the leadership of the National

13 Coalition Government of the Union of Burma;

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

16 (D) are carried out only after consultation

17 with the leadership of the National League for

18 Democracy and the leadership of the National

19 Coalition Government of the Union of Burma.

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

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated for the Department of State

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

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

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

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

6 the fiscal year 2005 is authorized to be appropriated for

7 peacekeeping activities in Africa.

8 SEC. 118. GRANTS TO THE ASIA FOUNDATION.

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

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

11 as follows:

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

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

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

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

16 Subtitle B—United States Inter17 national Broadcasting Activities

18 SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.

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

22 Educational Exchange Act of 1948, the United States

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

25 Act, and the Foreign Affairs Reform and Restructuring


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

3 (1) INTERNATIONAL BROADCASTING OPER4 ATIONS.—

5 (A) IN GENERAL.—For ‘‘International

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

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

8 fiscal year 2005.

9 (B) ALLOCATION OF FUNDS.—Of the

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

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

14 year 2005.

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

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

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

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

23 2005.

24 (2) BROADCASTING CAPITAL IMPROVEMENTS.—

25 For ‘‘Broadcasting Capital Improvements’’,


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

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

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

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

6 TITLE II—DEPARTMENT OF

7 STATE AUTHORITIES AND AC8 TIVITIES

9 Subtitle A—United States Public

10 Diplomacy

11 SEC. 201. FINDINGS AND PURPOSES.

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

13 findings:

14 (1) The United States possesses strong and

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

17 connections can be a major asset in the promotion

18 of United States interests and foreign policy.

19 (2) Misinformation and hostile propaganda in

20 these countries regarding the United States and its

21 foreign policy endanger the interests of the United

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

24 greatly enhanced in both scope and substance.


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

5 modern communication techniques.

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

8 the utilization of its public diplomacy resources.

9 (5) The development of an operational strategy

10 and a coordinated effort by United States agencies

11 regarding public diplomacy would greatly enhance

12 United States foreign policy.

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

15 at the Department of State after September 30,

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

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

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

21 SEC. 202. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE

22 DEPARTMENT OF STATE.

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

25 by inserting after section 58 the following new section:


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

2 DEPARTMENT OF STATE.

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

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

6 Department of State, in coordination with the United

7 States International Broadcasting Agency, shall develop a

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

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

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

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

17 enhancing support for United States foreign policy. The

18 Secretary shall ensure that the public diplomacy strategy

19 of the United States is cohesive and coherent and shall

20 aggressively and through the most effective mechanisms

21 counter misinformation and propaganda concerning the

22 United States. The Secretary shall endeavor to articulate

23 the importance in American foreign policy of the guiding

24 principles and doctrines of the United States, particularly

25 freedom and democracy. The Secretary, in coordination

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1 national Broadcasting Agency, shall develop and articulate

2 long-term measurable objectives for United States public

3 diplomacy. The Secretary is authorized to produce and

4 distribute public diplomacy programming for distribution

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

7 other established and emerging communications tech8 nologies.

9 ‘‘(b) INFORMATION CONCERNING UNITED STATES

10 ASSISTANCE.—

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

14 and private assistance organizations and agencies,

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

17 States Government, United States nongovernmental

18 organizations and private entities, and the American

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

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

23 projects funded by the United States Agency for

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


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1 by private voluntary organizations, are identified as

2 being supported by the United States of America, as

3 American Aid or provided by the American people.

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

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

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

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

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

13 which the United States Agency for International

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

17 be submitted in unclassified form, but may include

18 a classified appendix.

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

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

23 (b) ESTABLISHMENT OF PUBLIC DIPLOMACY RE24 SERVE CORPS.—


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1 (1) The Secretary of State shall establish a

2 public diplomacy reserve corps to augment the public

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

6 for the use of the corps to bolster public diplomacy

7 resources and expertise. To the extent necessary and

8 appropriate, the Secretary may recruit experts in

9 public diplomacy and related fields from the private

10 sector.

11 (2) While actively serving with the reserve

12 corps, individuals are prohibited from engaging in

13 activities directly or indirectly intended to influence

14 public opinion within the United States to the same

15 degree that employees of the Department engaged in

16 public diplomacy are so prohibited.

17 (c) FUNCTIONS OF THE UNDER SECRETARY FOR

18 PUBLIC DIPLOMACY.—

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

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

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

22 and all that follows through the period at the end

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


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1 of guidance to Department personnel in the United

2 States and overseas who conduct or implement such

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

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

7 effectively, shall submit statements of United States

8 policy and editorial material to the Agency for

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

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

13 (2) The Under Secretary for Public Diplomacy,

14 in carrying out the functions under the last sentence

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

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

17 shall consult with public diplomacy officers operating

18 at United States overseas posts and in the regional

19 bureaus of the Department of State.

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

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

24 and analysis of the impact of public diplomacy efforts on

25 target audiences. Each review shall assess the United


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1 States public diplomacy strategy worldwide and by region,

2 including the allocation of resources and an evaluation and

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

4 the goals set forth under previous plans submitted under

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

6 of State, in coordination with all appropriate Federal

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

8 budget submission, a public diplomacy strategy which

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

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

13 SEC. 204. PUBLIC DIPLOMACY TRAINING.

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

15 findings:

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

18 public diplomacy.

19 (2) Ambassadors should have a prominent role

20 in the formulation of public diplomacy strategies for

21 the countries and regions to which they are assigned

22 and be accountable for the operation and success of

23 public diplomacy efforts at their posts.

24 (3) Initial and subsequent training of Foreign

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1 mation and training on public diplomacy and the

2 tools and technology of mass communication.

3 (b) PERSONNEL.—

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

8 Secretary shall consider the priority recruitment into

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

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

13 and experience in particular countries and regions.

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

17 countries. Such increase shall be accomplished

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

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

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

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

2 amended to read as follows:

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

5 States public diplomacy programs, policies, and activities.

6 Each study shall assess the effectiveness of the various

7 mechanisms of United States public diplomacy, in light

8 of factors including public and media attitudes around the

9 world toward the United States, Americans, United States

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

11 community abroad, and make appropriate recommenda12 tions.

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

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

15 State and the appropriate congressional committees. At

16 the discretion of the Commission, any report under this

17 subsection may be submitted in classified or unclassified

18 form, as appropriate.’’.

19 (b) INFORMATION AND SUPPORT FROM OTHER

20 AGENCIES.—Upon request of the United States Advisory

21 Commission on Public Diplomacy, the Secretary of State,

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

24 that conducts public diplomacy programs and activities

25 shall provide information to the Advisory Commission to


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1 assist in carrying out the responsibilities under section

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

4 (a)).

5 (c) ENHANCING THE EXPERTISE OF UNITED STATES

6 ADVISORY COMMISSION ON PUBLIC DIPLOMACY.—

7 (1) QUALIFICATIONS OF MEMBERS.—Section

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

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

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

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

13 comparable activities in the private sector. At least

14 1 member shall be an American residing abroad. No

15 member may be an officer or employee of the United

16 States.’’.

17 (2) APPLICATION OF AMENDMENT.—The

18 amendments made by paragraph (1) shall not apply

19 to individuals who are members of the United States

20 Advisory Commission on Public Diplomacy on the

21 date of the enactment of this Act.

22 SEC. 206. LIBRARY PROGRAM.

23 The Secretary of State shall develop and implement

24 a demonstration program to assist foreign governments to

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1 prove literacy and support public education. The program

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

4 and society, particularly the importance of freedom and

5 democracy.

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

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

10 findings:

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

14 Senegal, Djibouti, Mauritania, and Guinea.

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

16 links to militant religious organizations are active

17 among the youth, primarily young men, promoting a

18 philosophy and practice of intolerance and radical

19 clerics are effectively mobilizing public sentiment

20 against the United States.

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

22 Congress that the Secretary should include countries in

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

25 Act and the amendments made by this Act.


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1 Subtitle B—Basic Authorities and

2 Activities

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

5 (a) LIMITATION ON USE OF FUNDS FOR CONSULATE

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

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

10 the supervision of the United States Ambassador to Israel.

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

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

14 official government document which lists countries and

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

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

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

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

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

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

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

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

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


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

2 Israel.’’.

3 SEC. 222. CONTINUATION OF REPORTING REQUIREMENTS.

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

5 Meg Donovan Foreign Relations Authorization Act, Fiscal

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

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

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

10 citizens were killed and related matters) is amended by

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

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

13 and May 1, 2005,’’.

14 SEC. 223. REPORT CONCERNING EFFORTS TO PROMOTE

15 ISRAEL’S DIPLOMATIC RELATIONS WITH

16 OTHER COUNTRIES.

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

18 findings:

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

20 States whose security is vital to regional stability

21 and United States interests.

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


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

3 countries.

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

5 Israel, in its efforts to establish diplomatic relations.

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

7 Israel deserves to be treated as an equal nation by

8 its neighbors and the world community.

9 (b) REPORT CONCERNING UNITED STATES EFFORTS

10 TO PROMOTE ISRAEL’S DIPLOMATIC RELATIONS WITH

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

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

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

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

18 relations with Israel.

19 (2) Specific responses solicited and received by

20 the Secretary from countries that do not maintain

21 full diplomatic relations with Israel with respect to

22 the status of negotiations to enter into diplomatic

23 relations with Israel.

24 (3) Other measures being undertaken, and

25 measures that will be undertaken, by the United


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

3 SEC. 224. REIMBURSEMENT RATE FOR AIRLIFT SERVICES

4 PROVIDED TO THE DEPARTMENT OF STATE.

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

6 amended—

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

9 and

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

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

12 SEC. 225. SENSE OF CONGRESS REGARDING ADDITIONAL

13 UNITED STATES CONSULAR POSTS.

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

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

17 to establish consulates or other appropriate diplomatic

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

19 Hat Yai, Thailand.

20 SEC. 226. VALIDITY OF UNITED STATES PASSPORTS FOR

21 TRAVEL TO COUNTRIES RECEIVING UNITED

22 STATES FOREIGN ASSISTANCE.

23 The first section of the Act entitled ‘‘An Act to regu24 late the issue and validity of passports, and for other pur25 poses’’, approved July 3, 1926 (22 U.S.C. 211a) is amendVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00051 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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

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

3 United States is providing assistance authorized by the

4 Foreign Assistance Act of 1961.’’.

5 SEC. 227. SECURITY CAPITAL COST SHARING.

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

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

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

12 of all buildings and grounds acquired under this Act or

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

15 authorized to establish and implement a Security Capital

16 Cost-Sharing Program to collect funds from each agency

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

18 that encourages rightsizing of its overseas presence, and

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

21 personnel overseas.

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

25 such amount, the Secretary may prescribe and use a forVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00052 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 mula that takes into account the number of authorized

2 positions of each agency, including contractors and locally

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

5 mission pursuant to section 207 of the Foreign Service

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

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

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

9 of State through the Intra-Governmental Payment and

10 Collection System or other appropriate means.

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

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

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

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

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

17 available until expended. Such funds shall be used solely

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

19 facilities that comply with all applicable legal standards,

20 including those standards established under the authority

21 of the Secure Embassy Construction and

22 Counterterrorism Act of 1999. The Secretary shall include

23 in the Department of State’s Congressional Presentation

24 Document an accounting of the sources and uses of the

25 amounts deposited into the account.


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1 ‘‘(5) The Secretary shall not collect a fee for an au2 thorized position of an agency of the Federal Government

3 that has been or would be granted a waiver pursuant to

4 section 606(a)(2)(B)(i) of the Secure Embassy Construc5 tion and Counterterrorism Act of 1999 (22 U.S.C.

6 4865(a)(2)(B)(i)).

7 ‘‘(6) In this subsection—

8 ‘‘(A) the term ‘agency of the Federal

9 Government’—

10 ‘‘(i) includes the Interagency Cooperative

11 Administrative Support Service; and

12 ‘‘(ii) does not include the Marine Security

13 Guard; and

14 ‘‘(B) the term ‘United States diplomatic facil15 ity’ has the meaning given that term in section 603

16 of the Secure Embassy Construction and

17 Counterterrorism Act of 1999 (22 U.S.C. 4865

18 note).’’.

19 (b) EFFECTIVE DATE.—The amendment made by

20 subsection (a) shall take effect on October 1, 2004.

21 SEC. 228. AUTHORITY TO ISSUE ADMINISTRATIVE SUB22 POENAS.

23 Section 37 of the State Department Basic Authorities

24 Act of 1956 (22 U.S.C. 2709) is amended by adding at

25 the end the following new subsection:


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1 ‘‘(d) ADMINISTRATIVE SUBPOENAS.—

2 ‘‘(1) IN GENERAL.—If the Secretary determines

3 that there is an imminent threat against a person,

4 foreign mission, or international organization pro5 tected under the authority of subsection (a)(3), the

6 Secretary may issue in writing, and cause to be

7 served, a subpoena requiring—

8 ‘‘(A) the production of any records or

9 other items relevant to the threat; and

10 ‘‘(B) testimony by the custodian of the

11 items required to be produced concerning the

12 production and authenticity of those items.

13 ‘‘(2) REQUIREMENTS.—

14 ‘‘(A) RETURN DATE.—A subpoena under

15 this subsection shall describe the items required

16 to be produced and shall specify a return date

17 within a reasonable period of time within which

18 the requested items may be assembled and

19 made available. The return date specified may

20 not be less than 24 hours after service of the

21 subpoena.

22 ‘‘(B) NOTIFICATION TO ATTORNEY GEN23 ERAL.—As soon as practicable following the

24 issuance of a subpoena under this subsection,


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1 the Secretary shall notify the Attorney General

2 of its issuance.

3 ‘‘(C) OTHER REQUIREMENTS.—The fol4 lowing provisions of section 3486 of title 18,

5 United States Code, shall apply to the exercise

6 of the authority of paragraph (1):

7 ‘‘(i) Paragraphs (4) through (8) of

8 subsection (a).

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

10 ‘‘(3) DELEGATION OF AUTHORITY.—The au11 thority under this subsection may be delegated only

12 to the Deputy Secretary of State.

13 ‘‘(4) ANNUAL REPORT.—Not later than Feb14 ruary 1 of each year, the Secretary shall submit to

15 the Committee on Foreign Relations of the Senate

16 and the Committee on International Relations of the

17 House of Representatives a report regarding the ex18 ercise of the authority under this subsection during

19 the previous calendar year.’’.

20 Subtitle C—Educational and

21 Cultural Authorities

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

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

25 findings:


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

3 United States and American foreign policy among

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

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

9 United States.

10 (2) These negative opinions and images are

11 highly prejudicial to the interests of the United

12 States and to its foreign policy.

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

14 enhance a positive image of the United States in the

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

17 with American society and values among the general

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

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

22 countries with predominantly Muslim populations as part

23 of the educational and cultural exchange programs of the

24 Department of State for the fiscal years 2004 and 2005:


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1 (1) JOURNALISM PROGRAM.—A program for

2 foreign journalists, editors, media managers, and

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

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

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

12 to work in middle and secondary schools as English

13 language teaching assistants for not less than an

14 academic year. If feasible, the host government or

15 local educational agency shall share the salary costs

16 of the assistants.

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

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

24 programs, disability advocacy, emergency prepared25 ness, and humanitarian assistance.


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1 (4) CIVICS EDUCATION.—The Secretary shall

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

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

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

10 that society.

11 (5) YOUTH AMBASSADORS.—The Secretary

12 shall establish a program for visits by middle school

13 students (to the extent feasible) and secondary

14 school students to the United States during school

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

17 in the United States for secondary school students.

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

22 with American society and values. To the extent

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

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1 based activities and interactions. The Secretary shall

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

4 (6) FULBRIGHT EXCHANGE PROGRAM.—The

5 Secretary shall seek to substantially increase the

6 number of awards under the J. William Fulbright

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

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

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

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

15 (7) HUBERT H. HUMPHREY FELLOWSHIPS.—

16 The Secretary shall seek to substantially increase

17 the number of Hubert H. Humphrey Fellowships

18 awarded to candidates from predominantly Muslim

19 countries.

20 (8) LIBRARY TRAINING EXCHANGE PROGRAM.—

21 The Secretary shall develop an exchange program

22 for postgradute students seeking additional training

23 in the library sciences and related fields.

24 (c) GENERAL PROVISION.—Programs established

25 under this section shall be carried out under the provisions


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

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

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

7 coordination with the heads of other agencies that conduct

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

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

14 CULTURAL EXCHANGE PROGRAMS.

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

17 the Congress a report concerning the implementation of

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

19 Foreign Relations Provisions Act of 1996. The report shall

20 include information concerning the number of grants to

21 conduct exchange programs to countries described in such

22 section that have been submitted for competitive bidding,

23 what measures have been taken to ensure that willingness

24 to include supporters of freedom and democracy in such

25 programs is given appropriate weight in the selection of


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

3 are fully open to supporters of freedom and democracy,

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

5 being taken to implement such policy.

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

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

10 State should work toward the establishment of a program

11 for foreign journalists from regions of conflict that will

12 provide professional training in techniques, standards, and

13 practices in the field of journalism.

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

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

18 (1) include participation by students from

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

21 (2) attempt to include Korean students from a

22 broad range of educational institutions, including

23 schools other than elite universities;

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


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1 opportunities for one-year nondegree study at

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

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

7 those heading towards careers in government service,

8 media, law, and business.

9 Subtitle D—Consular Authorities

10 SEC. 271. MACHINE READABLE VISAS.

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

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

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

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

16 be made available only if a notification is submitted

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

19 34 of the State Department Basic Authorities Act of

20 1956.’’.

21 SEC. 272. PROCESSING OF VISA APPLICATIONS.

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

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

25 nonimmigrant within 30 days of the receipt of all necVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00063 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 essary documents from the applicant and the Department

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

3 application where the petitioner is a relative other than

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

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

8 (b) DEFINITIONS.—In this section:

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

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

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

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

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

17 SEC. 273. STAFFING AT DIPLOMATIC MISSIONS.

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

20 missions and overseas constituent posts, the Secretary of

21 State shall require each chief of mission to review every

22 staff element under chief of mission authority, including

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

25 of State shall submit an annual report concerning such


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1 reviews together with the Secretary’s recommendations to

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

4 TITLE III—ORGANIZATION AND

5 PERSONNEL OF THE DEPART6 MENT OF STATE

7 SEC. 301. FELLOWSHIP OF HOPE PROGRAM.

8 The Secretary of State is authorized to establish in

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

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

15 Department as fellows within the governments of foreign

16 countries.

17 SEC. 302. CLAIMS FOR LOST PAY.

18 Section 2 of the State Department Basic Authorities

19 Act (22 U.S.C. 2669) is amended—

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

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

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

24 ‘‘(p) make administrative corrections or adjustments

25 to an employee’s pay, allowances, or differentials, resulting


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1 from mistakes or retroactive personnel actions, and to pro2 vide back pay and other categories of payments under the

3 Back Pay Act as part of the settlement of administrative

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

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

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

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

10 shall report directly to the Secretary of State.

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

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

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

16 the career interests of all employees.

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

18 Foreign Relations Authorization Act, Fiscal Years 1988

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

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

21 (2) by redesignating subsection (d) as sub22 section (c).


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1 SEC. 304. REPEAL OF RECERTIFICATION REQUIREMENT

2 FOR SENIOR FOREIGN SERVICE.

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

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

5 SEC. 305. REPORT CONCERNING STATUS OF EMPLOYEES

6 OF STATE DEPARTMENT.

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

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

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

13 SEC. 306. HOME LEAVE.

14 (a) REST AND RECUPERATION TRAVEL.—Section

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

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

17 leave’’ both places it appears.

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

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

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

21 inserting ‘‘12 months’’.


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1 SEC. 307. INCREASED LIMITS APPLICABLE TO POST DIF2 FERENTIALS AND DANGER PAY ALLOW3 ANCES.

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

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

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

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

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

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

13 used in determinations of appropriate adjustments in post

14 differentials under section 5925 of title 5, United States

15 Code, and danger pay allowances under section 5928 of

16 title 5, United States Code.

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

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

19 conduct a study assessing the effect of the increases in

20 post differentials and danger pay allowances made by the

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

23 such study to the appropriate congressional committees.


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1 SEC. 308. REGULATIONS REGARDING RETIREMENT CREDIT

2 FOR GOVERNMENT SERVICE PERFORMED

3 ABROAD.

4 Section 321(f) of the Foreign Relations Authorization

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

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

8 of the enactment of the Foreign Relations Authorization

9 Act, Fiscal Years 2004 and 2005,’’.

10 SEC. 309. MINORITY RECRUITMENT.

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

12 Foreign Relations Authorization Act, Fiscal Year 2003

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

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

15 2005’’.

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

17 of such Act shall apply to funds authorized by section

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

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

20 such Act is amended in the second sentence by striking

21 ‘‘two’’ and inserting ‘‘three’’.


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1 TITLE IV—INTERNATIONAL

2 ORGANIZATIONS

3 Subtitle A—Basic Authorities and

4 Activities

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

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

9 by inserting after clause (iv) the following:

10 ‘‘(v) For assessments made during

11 calendar year 2005 and calendar year

12 2006, 27.10 percent.’’.

13 SEC. 402. REGARDING THE REENTRY OF THE UNITED

14 STATES IN UNESCO.

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

17 Scientific, and Cultural Organization (UNESCO), the

18 President should—

19 (1) appoint a United States Representative to

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

22 United States Representative to UNESCO;

23 (2) take steps to ensure that more Americans

24 are employed by UNESCO, particularly for senior

25 level positions;


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1 (3) request that the Secretary General of

2 UNESCO create a Deputy Director General position

3 for Management or a comparable position with high

4 level managerial and administrative responsibilities

5 to be filled by an American;

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

7 budget beyond the level of zero nominal growth for

8 the 2004-2005 biennium focus primarily on the

9 adoption of management and administrative reforms;

10 and

11 (5) request that the Secretary General of

12 UNESCO spend the United States contribution to

13 UNESCO for the last quarter of calendar year 2003

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

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

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

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

21 authorized to be available for the annual assessment for

22 United States contributions to the regular budget of the

23 United Nations Educational, Scientific, and Cultural Or24 ganization.


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1 SEC. 403. UNESCO NATIONAL COMMISSION.

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

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

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

7 read as follows:

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

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

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

13 not more than 35 members appointed by the Secretary

14 of State in consultation with the National Academy of

15 Sciences, the National Science Foundation, the Secretary

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

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

21 matters. Periodically, the Secretary shall review and revise

22 the entities represented on the National Commission in

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

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

26 designated by the Secretary of State at the time of apVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00072 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 pointment, of the members first appointed one-third shall

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

5 fill a vacancy occurring before the expiration of the term

6 for which the member’s predecessor was appointed shall

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

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

10 more than 2 consecutive terms. The Secretary of State

11 shall designate a chair of the National Commission.

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

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

14 member shall receive travel expenses in accordance with

15 section 5703 of title 5, United States Code.

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

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

18 through video conferencing or other electronic means. The

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

21 may designate such other committees as may be necessary

22 to carry out its duties under this Act.

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

24 Secretary of State may detail any of the personnel of the


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1 Department of State to the National Commission to assist

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

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

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

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

9 that follows through the end of such section.

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

11 EMERGENCY FUND.

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

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

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

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

16 $500,000’’.

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

19 AND OTHERS GROUP AT THE UNITED NA20 TIONS.

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

22 State and other appropriate officials of the United States

23 Government should pursue an aggressive diplomatic effort

24 and should take all necessary steps to ensure the extension


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1 and upgrade of Israel’s membership in the Western Euro2 pean and Others Group at the United Nations.

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

4 of the enactment of this Act and biannually thereafter,

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

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

8 achieving the objectives of subsection (a).

9 Subtitle B—United States

10 International Leadership

11 SEC. 431. SHORT TITLE.

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

13 International Leadership Act of 2003’’.

14 SEC. 432. FINDINGS.

15 The Congress makes the following findings:

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

18 foreign policy and serve key United States foreign

19 policy objectives, such as obligating all countries to

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

24 (2) Decisions at many international organiza25 tions, including membership and key positions, reVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00075 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 main subject to determinations made by regional

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

4 among repressive regimes. As a result, the United

5 States has often been blocked in its attempts to take

6 action in these institutions to advance its goals and

7 objectives, including at the United Nations Human

8 Rights Commission (where a representative of Libya

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

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

12 United States must actively work to improve the

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

15 democratic countries that will advance United States

16 interests. In the Second Ministerial Conference of

17 the Community of Democracies in Seoul, Korea, on

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

20 in international organizations such as the United

21 Nations and ensuring that international and regional

22 institutions develop and apply democratic standards

23 for member states.

24 (4) In addition, the United States has short25 changed its ability to influence these organizations


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1 by failing to obtain enough support for positions

2 that are congruent to or consistent with United

3 States objectives and has not done enough to build

4 expertise in the United States Government in the

5 area of multilateral diplomacy.

6 SEC. 433. ESTABLISHMENT OF A DEMOCRACY CAUCUS.

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

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

11 Nations Human Rights Commission, the United Nations

12 Conference on Disarmament, and at other broad-based

13 international organizations.

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

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

19 across regional lines to promote agreed positions;

20 (2) work to revise an increasingly outmoded

21 system of regional voting and decision making; and

22 (3) set up a rotational leadership scheme to

23 provide member states an opportunity, for a set pe24 riod of time, to serve as the designated president of


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1 the caucus, responsible for serving as its voice in

2 each organization.

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

5 The Secretary of State, acting through the principal

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

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

10 every region in order to promote the United States agenda

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

14 Organization, and the International Whaling Commission.

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

17 The President, acting through the Secretary of State

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

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

20 (1) where appropriate, reform the criteria for

21 leadership and, in appropriate cases for membership,

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

24 to which the United States is a member so as to exVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00078 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 clude nations that violate the principles of the spe2 cific organization;

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

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

6 that a member state may not stand in nomination

7 or be in rotation for a leadership position in such

8 bodies if the member state is subject to sanctions

9 imposed by the United Nations Security Council;

10 and

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

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

14 subject to a determination under section 620A of the

15 Foreign Assistance Act of 1961, section 40 of the

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

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

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

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

24 ‘‘(c) TRAINING IN MULTILATERAL DIPLOMACY.—


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

3 Service, including appropriate chiefs of mission, on

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

6 broad-based multilateral negotiations of inter7 national instruments.

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

9 shall ensure that the training described in paragraph

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

11 members of the Service. In particular, the Secretary

12 shall ensure that after January 1, 2004—

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

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

16 and at broad-based multilateral negotiations of

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

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

20 chiefs of mission, who are assigned to United

21 States missions representing the United States

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

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

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1 icy towards such organizations and institutions

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

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

6 service for such assignment or, if receiving such

7 training at that time is not practical, within the

8 first year of beginning such assignment.’’.

9 (b) TRAINING FOR CIVIL SERVICE EMPLOYEES.—

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

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

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

14 subtitle) have training described in such section.

15 (c) CONFORMING AMENDMENTS.—Section 708 of

16 such Act is further amended—

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

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

19 The’’; and

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

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

22 RELIGIOUS PERSECUTION.—The’’.

23 SEC. 437. PROMOTING ASSIGNMENTS TO INTERNATIONAL

24 ORGANIZATIONS.

25 (a) PROMOTIONS.—


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

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

5 the Service has served in a position whose primary

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

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

11 (2) EFFECTIVE DATE.—The amendment made

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

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

15 (1) FINDINGS.—

16 (A) The Department of State maintains a

17 number of United States missions both within

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

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

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

24 for United States representation to UNESCO

25 and OECD.


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

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

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

8 (C) Given the large number of positions in

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

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

13 experts in this unique form of diplomacy.

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

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

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

18 (A) evaluating whether a new cone should

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

21 at international organizations and multilateral

22 institutions or are primarily responsible for par23 ticipation in broad-based multilateral negotia24 tions of international instruments; and


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1 (B) provides alternative mechanisms for

2 achieving the objective of developing a core

3 group of United States diplomats and other

4 government employees who have expertise and

5 broad experience in conducting multilateral di6 plomacy.

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

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

10 State is authorized to establish, within the Bureau of

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

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

15 (b) APPOINTMENT.—The special representative shall

16 be appointed by the President with the advice and consent

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

19 at the Department may serve as the special representative.

20 The President may direct that the special representative

21 report to the Assistant Secretary for International Organi22 zations.

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

24 a staff of foreign service and civil service officers skilled

25 in multilateral diplomacy.


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1 (d) DUTIES.—The special representative shall have

2 the following responsibilities:

3 (1) IN GENERAL.—The primary responsibility

4 of the special representative shall be to assist in the

5 organization of, and preparation for, United States

6 participation in multilateral negotiations, including

7 the advocacy efforts undertaken by the Department

8 of State and other United States agencies.

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

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

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

16 regarding—

17 (A) effective strategies (and tactics) to

18 achieve United States policy objectives at multi19 lateral negotiations;

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

21 intervention by the President, the Secretary of

22 State, the Deputy Secretary of State, and other

23 United States officials to secure support from

24 key foreign government officials for the United


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1 States position at such organizations, institu2 tions, and negotiations;

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

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

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

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

12 ensure the establishment of a democracy caucus.

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

19 international organizations and foreign governments

20 to promote the United States agenda at the United

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

23 Rights Commission).

24 (5) LEADERSHIP AND MEMBERSHIP OF INTER25 NATIONAL ORGANIZATIONS.—The special representaVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00086 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 tive, in coordination with the Assistant Secretary of

2 International Organizational Affairs, shall direct the

3 efforts of the United States Government to reform

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

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

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

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

10 a United States delegation to any multilateral nego11 tiation.

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

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

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

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

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

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

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

25 Act of 2003 (Public Law 107–228), (relating to a resumpVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00087 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 tion by the United State of the payment of its full con2 tribution to certain international organizations at the be3 ginning of each calendar year).

4 TITLE V—UNITED STATES

5 INTERNATIONAL BROAD6 CASTING ACTIVITIES

7 Subtitle A—Basic Authorities and

8 Activities

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

10 (a) The United States International Broadcasting

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

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

14 INC.

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

16 305 shall be available to make annual grants to Mideast

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

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

19 of carrying out radio and television broadcasting to the

20 Middle East region.

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

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

24 broadcasting principles set forth in section 303 of this Act.


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1 ‘‘(c) GRANT AGREEMENT.—Any grant agreement or

2 grants under this section shall be subject to the following

3 limitations and restrictions:

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

5 nonprofit corporation, Mideast Network unless its

6 certificate of incorporation provides that—

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

8 Radio and Television Network, Inc. (hereinafter

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

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

12 other members; and

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

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

16 compensation of such managerial officers and

17 employees of Mideast Network as it considers

18 necessary to carry out the purposes of the grant

19 provided under this title, except that no officer

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

22 for Level IV of the Executive Schedule under

23 section 5315 of title 5, United States Code.

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

25 shall require that any contract entered into by MidVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00089 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 east Network shall specify that obligations are as2 sumed by Mideast Network and not the United

3 States Government.

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

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

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

9 made pursuant to a grant agreement which requires

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

12 with such requirements shall permit the grant to be

13 terminated without fiscal obligation to the United

14 States.

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

18 RL, and the International Broadcasting Bureau will

19 be reduced to the extent appropriate, as determined

20 by the Board.

21 ‘‘(d) NOT A FEDERAL AGENCY OR INSTRUMEN22 TALITY.—Nothing in this title may be construed to estab23 lish Mideast Network as a Federal agency or instrumen24 tality, nor shall the officers or employees of Mideast NetVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00090 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 work be considered to be officers or employees of the

2 United States Government.

3 ‘‘(e) AUDIT AUTHORITY.—

4 ‘‘(1) Such financial transactions of Mideast

5 Network, as relate to functions carried out under

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

8 procedures and under such rules and regulations as

9 may be prescribed by the Comptroller General of the

10 United States. Any such audit shall be conducted at

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

13 ‘‘(2) Representatives of the General Accounting

14 Office shall have access to all books, accounts,

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

17 such financial transactions as necessary to facilitate

18 an audit. Such representatives shall be afforded full

19 facilities for verifying transactions with any assets

20 held by depositories, fiscal agents, and custodians.

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

23 in the custody of Mideast Network.

24 ‘‘(3) Notwithstanding any other provisions of

25 law, the Inspector General of the Department of


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1 State is authorized to exercise the authorities of the

2 Inspector General Act with respect to the Mideast

3 Network.’’.

4 (b) CONFORMING AMENDMENTS.—

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

7 is amended—

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

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

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

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

12 and

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

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

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

17 is amended—

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

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

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

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

22 ‘‘Asia’’.

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

25 6203(g)) is amended by striking ‘‘and Radio Free


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1 Asia’’ and inserting ‘‘, Radio Free Asia, and Mideast

2 Radio and Television Network, Inc.’’.

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

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

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

6 Foundation;’’.

7 SEC. 502. IMPROVING SIGNAL DELIVERY TO CUBA.

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

9 U.S.C. 1465a) is amended—

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

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

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

16 the Shortwave (SW) Band.’’;

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

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

19 the period at the end;

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

22 (4) by amending subsection (e) to read as fol23 lows:


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

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

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

5 America’’.

6 SEC. 503. REPORT CONCERNING EFFORTS TO COUNTER

7 JAMMING OF BROADCASTS OF RADIO MARTI

8 AND TV MARTI.

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

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

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

15 broadcasts overcome jamming by the Government of

16 Cuba.

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

18 10 alternate methods to counter jamming of radio

19 and television broadcasts including the following:

20 (A) Methods used to broadcast into Iraq

21 involving a C-130.

22 (B) Methods previously used to transmit

23 into the former Soviet Union and other Soviet

24 bloc countries.


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

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

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

7 Subtitle B—Global Internet

8 Freedom

9 SEC. 521. SHORT TITLE.

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

11 Freedom Act of 2003’’.

12 SEC. 522. FINDINGS.

13 The Congress makes the following findings:

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

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

17 the Constitution of the United States guarantees

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

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

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

22 to communicate and associate with one another

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

25 the United Nation’s Universal Declaration of


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1 Human Rights explicitly guarantees the freedom to

2 ‘‘receive and impart information and ideas through

3 any media and regardless of frontiers’’.

4 (2) All people have the right to communicate

5 freely with others, and to have unrestricted access to

6 news and information, on the Internet.

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

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

11 ideas ever invented.

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

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

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

16 accessing the Internet and obtaining international

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

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

20 as well as hundreds of news sources with an Internet

21 presence, are routinely being jammed by repressive

22 governments.

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

25 America and other United States Government sponVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00096 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 sored broadcasting available to people in nations

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

4 (7) The United States Government has thus far

5 commenced only modest steps to fund and deploy

6 technologies to defeat Internet censorship.

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

10 authoritarian controls on news and information over

11 the Internet.

12 SEC. 523. PURPOSES.

13 The purposes of this subtitle are—

14 (1) to adopt an effective and robust global

15 Internet freedom policy;

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

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

20 (3) to expedite the development and deployment

21 of technology to protect Internet freedom around the

22 world; and

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

24 world on repressive governments guilty of Internet


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1 censorship and the intimidation and persecution of

2 their citizens who use the Internet.

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

5 AND CENSORSHIP.

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

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

10 Office shall develop and implement a comprehensive global

11 strategy to combat state-sponsored and state-directed

12 Internet jamming and persecution of those who use the

13 Internet.

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

16 the United States Government shall cooperate fully with,

17 and assist in the implementation of, the strategy developed

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

21 (c) COOPERATION WITH DEPARTMENT OF STATE.—

22 The Office shall assist the Secretary of State in preparing

23 portions of the country reports on human rights practices

24 that address Internet accessibility.


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1 (d) REPORT TO CONGRESS.—Nine months after the

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

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

4 status of foreign government interference with Internet

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

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

8 abuses; provide information concerning the government

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

11 particularity practicable the technological means by which

12 such blocking and other abuses are accomplished. In the

13 discretion of the Broadcasting Board of Governors, such

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

16 report, the Office shall submit a second report.

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

18 subtitle shall be interpreted to authorize any action by the

19 United States to interfere with foreign national censorship

20 in furtherance of legitimate law enforcement aims con21 sistent with the Universal Declaration of Human Rights.


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1 Subtitle C—Reorganization of

2 United States International

3 Broadcasting

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

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

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

8 is amended to read as follows:

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

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

12 independent agency in the executive branch the United

13 States International Broadcasting Agency (hereinafter in

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

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

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

17 headed by the Board of Governors of the United

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

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

22 Board of Goverors shall—

23 ‘‘(A) carry out the authorities and func24 tions of the Agency under section 305; and


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1 ‘‘(B) be responsible for the exercise of all

2 authorities and powers and the discharge of all

3 duties and functions of the Agency.

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

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

7 of 9 members, as follows:

8 ‘‘(i) Eight voting members who shall

9 be appointed by the President, by and with

10 the advice and consent of the Senate.

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

12 also be a voting member.

13 ‘‘(B) The President shall appoint one

14 member (other than the Secretary of State) as

15 Chair of the Board of Governors, subject to the

16 advice and consent of the Senate.

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

18 not more than 4 of the members of the Board

19 of Governors appointed by the President shall

20 be of the same political party.

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

22 each member of the Board of Governors shall be

23 three years, except that the Secretary of State shall

24 remain a member of the Board of Governors during

25 the Secretary’s term of service. The President shall


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1 appoint, by and with the advice and consent of the

2 Senate, board members to fill vacancies occurring

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

4 members so appointed shall serve for the remainder

5 of such term. Any member whose term has expired

6 may serve until a successor has been appointed and

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

8 Acting Secretary of State shall serve as a member

9 of the board until a Secretary is appointed.

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

11 Members of the Board of Governors appointed by

12 the President shall be citizens of the United States

13 who are not regular full-time employees of the

14 United States Government. Such members shall be

15 selected by the President from among Americans

16 distinguished in the fields of mass communications,

17 print, broadcast media, or foreign affairs.

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

19 of Governors, while attending meetings of the board

20 or while engaged in duties relating to such meetings

21 or in other activities of the board pursuant to this

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

24 the compensation prescribed for level IV of the Ex25 ecutive Schedule under section 5315 of title 5,


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1 United States Code. While away from their homes or

2 regular places of business, members of the board

3 may be allowed travel expenses, including per diem

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

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

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

11 Governors shall be made by majority vote, a quorum

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

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

15 limitations on liability that apply to the members of

16 the Board of Governors also shall apply to such

17 members when acting in their capacities as members

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

19 and Radio Free Asia.

20 ‘‘(c) EXECUTIVE DIRECTOR.—

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

22 shall appoint an Executive Director of the Agency.

23 The Executive Director shall receive basic pay at the

24 rate payable for level III of the Executive Schedule

25 under section 5314 of title 5, United States Code.


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1 The Director may be removed through a majority

2 vote of the Board.

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

4 Director shall have the following functions and du5 ties:

6 ‘‘(A) To exercise the authorities delegated

7 by the Board of Governors pursuant to section

8 305(b).

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

11 Broadcasting to Cuba Act, and the Television

12 Broadcasting to Cuba Act.

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

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

17 ‘‘(D) To review engineering activities to

18 ensure that all broadcasting elements receive

19 the highest quality and cost-effective delivery

20 services.

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

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

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

25 reception and representation expenses, such


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1 amounts as may be made available through ap2 propriations.

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

4 States Government transmitter capacity for

5 relay of broadcasting by grantees.

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

8 authorized by section 3109 of title 5, United

9 States Code, at rates not to exceed the daily

10 equivalent of the rate provided for positions

11 classified above grade GS–15 of the General

12 Schedule under section 5108 of title 5, United

13 States Code.

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

15 to section 1535 of title 31, United States Code

16 goods and services from other departments or

17 agencies.

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

19 lease space and acquire personal property for

20 the Agency.

21 ‘‘(d) INSPECTOR GENERAL AUTHORITIES.—

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

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

25 General exercises under the Inspector General Act of


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1 1978 and section 209 of the Foreign Service Act of

2 1980 with respect to the Department of State.

3 ‘‘(2) RESPECT FOR JOURNALISTIC INTEGRITY

4 OF BROADCASTERS.—The Inspector General of the

5 Department of State and the Foreign Service shall

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

8 the philosophical or political perspectives reflected in

9 the content of broadcasts.’’.

10 (b) RETENTION OF EXISTING BOARD MEMBERS.—

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

13 United States International Broadcasting Act of 1994 on

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

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

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

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

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

23 Section 305 of the United States International

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

25 to read as follows:


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1 ‘‘SEC. 305. AUTHORITIES AND FUNCTIONS OF THE AGENCY.

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

3 and functions:

4 ‘‘(1) To supervise all broadcasting activities

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

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

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

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

12 of the United States and the guiding principles and

13 doctrines of the United States, particularly freedom

14 and democracy.

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

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

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

20 broadcasting is conducted in accordance with the

21 standards and principles contained in section 303.

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

23 least annually, after consultation with the Secretary

24 of State, the addition or deletion of language serv25 ices.


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1 ‘‘(6) To make and supervise grants for broad2 casting and related activities in accordance with sec3 tions 308 and 309.

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

6 elements of the Agency and grantees, subject to the

7 limitations in sections 308 and 309 and subject to

8 reprogramming notification requirements in law for

9 the reallocation of funds.

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

13 and economical.

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

19 assessment described in paragraph (2).

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

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

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

25 for each of the broadcasting services.


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1 ‘‘(11) To utilize the provisions of titles III, IV,

2 V, VII, VIII, IX, and X of the United States Infor3 mation and Educational Exchange Act of 1948, and

4 section 6 of Reorganization Plan Number 2 of 1977,

5 as in effect on the day before the effective date of

6 title XIII of the Foreign Affairs Agencies Consolida7 tion Act of 1998, to the extent the Executive Direc8 tor considers necessary in carrying out the provi9 sions and purposes of this title.

10 ‘‘(12) To utilize the authorities of any other

11 statute, reorganization plan, Executive order, regula12 tion, agreement, determination, or other official doc13 ument or proceeding that had been available to the

14 Director of the United States Information Agency,

15 the Bureau, or the Board before the effective date

16 of title XIII of the Foreign Affairs Consolidation Act

17 of 1998 for carrying out the broadcasting activities

18 covered by this title.

19 ‘‘(b) DELEGATION OF AUTHORITY.—The Board of

20 Governors may delegate to the Executive Director of the

21 Agency, or any other officer or employee of the United

22 States, the authorities provided in this section, except

23 those authorities provided in paragraph (1), (2), (4), (5),

24 (6), (7), or (9) of subsection (a).


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1 ‘‘(c) BROADCASTING BUDGETS.—The Executive Di2 rector and the grantees identified in sections 308 and 309

3 shall submit proposed budgets to the Board. The Board

4 shall forward its recommendations concerning the pro5 posed budget for the Board and broadcasting activities

6 under this title, the Radio Broadcasting to Cuba Act, and

7 the Television Broadcasting to Cuba Act to the Office of

8 Management and Budget.’’.

9 SEC. 533. ROLE OF THE SECRETARY OF STATE.

10 Section 306 of the United States International

11 Broadcasting Act of 1994 (22 U.S.C. 6205) is amended

12 to read as follows:

13 ‘‘SEC. 306. ROLE OF THE SECRETARY OF STATE.

14 ‘‘To assist the Agency in carrying out its functions,

15 the Secretary of State shall provide such information and

16 guidance on foreign policy and public diplomacy issues to

17 the Agency as the Secretary considers appropriate.’’.

18 SEC. 534. ADMINISTRATIVE PROVISIONS.

19 The United States International Broadcasting Act of

20 1994 is amended by striking section 307 and inserting the

21 following new section:

22 ‘‘SEC. 307. ADMINISTRATIVE PROVISIONS.

23 ‘‘(a) OFFICERS AND EMPLOYEES.—The Board of

24 Governors may appoint and fix the compensation of such

25 officers and employees as may be necessary to carry out


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1 the functions of the Agency. Except as otherwise provided

2 by law, such officers and employees shall be appointed in

3 accordance with the civil service laws and their compensa4 tion shall be fixed in accordance with title 5, United States

5 Code.

6 ‘‘(b) EXPERTS AND CONSULTANTS.—The Board of

7 Governors, as may be provided in appropriation Acts, may

8 obtain the services of experts and consultants in accord9 ance with section 3109 of title 5, United States Code, and

10 may compensate such experts and consultants at rates not

11 to exceed the daily rate prescribed for level IV of the Exec12 utive Schedule under section 5315 of title 5, United States

13 Code.

14 ‘‘(c) ACCEPTANCE OF VOLUNTARY SERVICES.—

15 ‘‘(1) IN GENERAL.—Notwithstanding section

16 1342 of title 31, United States Code, the Board of

17 Governors may accept, subject to regulations issued

18 by the Office of Personnel Management, voluntary

19 services if such services—

20 ‘‘(A) are to be uncompensated; and

21 ‘‘(B) are not used to displace any em22 ployee.

23 ‘‘(2) TREATMENT.—Any individual who pro24 vides voluntary services under this section shall not

25 be considered a Federal employee for any purpose


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1 other than for purposes of chapter 81 of title 5,

2 United States Code (relating to compensation for in3 jury) and sections 2671 through 2680 of title 28,

4 United States Code (relating to tort claims).

5 ‘‘(d) DELEGATION.—Except as otherwise provided in

6 this Act, the Board of Governors may delegate any func7 tion to the Executive Director and such other officers and

8 employees of the Agency as the Board of Governors may

9 designate, and may authorize such successive redelega10 tions of such functions within the Agency as may be nec11 essary or appropriate.

12 ‘‘(e) CONTRACTS.—

13 ‘‘(1) IN GENERAL.—Subject to the Federal

14 Property and Administrative Services Act of 1949

15 and other applicable Federal law, the Board of Gov16 ernors may make, enter into, and perform such con17 tracts, grants, leases, cooperative agreements, and

18 other similar transactions with Federal or other pub19 lic agencies (including State and local governments)

20 and private organizations and persons, and to make

21 such payments, by way of advance or reimburse22 ment, as the Board of Governors may determine

23 necessary or appropriate to carry out functions of

24 the Board of Governors or the Agency.


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1 ‘‘(2) APPROPRIATION AUTHORITY REQUIRED.—

2 No authority to enter into contracts or to make pay3 ments under this title shall be effective except to

4 such extent or in such amounts as are provided in

5 advance under appropriation Acts.

6 ‘‘(f) REGULATIONS.—The Executive Director may

7 prescribe such rules and regulations as the Board of Gov8 ernors considers necessary or appropriate to administer

9 and manage the functions of the Agency, in accordance

10 with chapter 5 of title 5, United States Code.

11 ‘‘(g) SEAL.—The Executive Director shall cause a

12 seal of office to be made for the Agency of such design

13 as the Board of Governors shall approve. Judicial notice

14 shall be taken of such seal.’’.

15 SEC. 535. BROADCASTING BOARD OF GOVERNORS AND

16 INTERNATIONAL BROADCASTING BUREAU.

17 The Broadcasting Board of Governors and the Inter18 national Broadcasting Bureau are abolished.

19 SEC. 536. TRANSITION.

20 (a) TRANSFER OF FUNCTIONS.—Except as otherwise

21 provided in this subtitle or an amendment made by this

22 subtitle, all functions that on the day before the effective

23 date specified in section 540 are authorized to be per24 formed by the Broadcasting Board of Governors and the

25 International Broadcasting Bureau and any officer, emVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00113 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 ployee, or component of such entities, under any statute,

2 reorganization plan, Executive order, or other provision of

3 law, are transferred to the Agency established under this

4 title effective on that date.

5 (b) DETERMINATION OF CERTAIN FUNCTIONS.—If

6 necessary, the Office of Management and Budget shall

7 make any determination of the functions that are trans8 ferred under this title.

9 (c) TRANSITION PROVISIONS.—

10 (1) EXERCISE OF AUTHORITIES.—Except as

11 otherwise provided by law, the Board of Governors

12 may, for purposes of performing a function that is

13 transferred to the Agency by this title, exercise all

14 authorities under any other provision of law that

15 were available with respect to the performance of

16 that function to the official responsible for the per17 formance of that function on the day before the ef18 fective date specified in section 540.

19 (2) AUTHORITIES TO WIND UP AFFAIRS.—

20 (A) The Director of the Office of Manage21 ment and Budget may take such actions as the

22 Director of the Office of Management and

23 Budget considers necessary to wind up any out24 standing affairs of the Broadcasting Board of

25 Governors and the International Broadcasting


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1 Bureau associated with the functions that are

2 transferred pursuant to subsection (a).

3 (B) The Director of the Office of Manage4 ment and Budget may take such actions as the

5 Director of the Office of Management and

6 Budget considers necessary to wind up any out7 standing affairs of the Broadcasting Board of

8 Governors and the International Broadcasting

9 Bureau associated with the functions that are

10 transferred pursuant to subsection (a).

11 (3) TRANSFER OF ASSETS.—Any property,

12 records, unexpended balances of appropriations, allo13 cations, and other funds employed, used, held, avail14 able, or to be made available in connection with a

15 function transferred to the Agency by this Act are

16 transferred on the effective date specified in section

17 540.

18 SEC. 537. CONFORMING AMENDMENTS.

19 (a) UNITED STATES INTERNATIONAL BROAD20 CASTING ACT OF 1994.—The United States International

21 Broadcasting Act of 1994 is amended as follows:

22 (1) Section 308 (22 U.S.C. 6207) is amended—

23 (A) in subsection (a)—

24 (i) by striking ‘‘The Board’’ and in25 serting ‘‘The Agency’’; and


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1 (ii) in paragraph (1) by striking

2 ‘‘Broadcasting Board of Governors’’ and

3 inserting ‘‘Board Governors of the Inter4 national Broadcasting Agency’’;

5 (B) in subsection (b)—

6 (i) by striking paragraph (2);

7 (ii) by striking ‘‘(1)’’; and

8 (iii) by striking ‘‘Board’’ both places

9 it appears and inserting ‘‘Agency’’;

10 (C) in subsections (c), (d), (g), (h), and (i)

11 by striking ‘‘Board’’ each place it appears and

12 inserting ‘‘Agency’’;

13 (D) in subsection (g)(4) by striking ‘‘Inter14 national Broadcasting Bureau’’ and inserting

15 ‘‘Agency’’; and

16 (E) in subsections (i) and (j) by striking

17 ‘‘and the Foreign Service’’ each place it ap18 pears.

19 (2) Section 309 (22 U.S.C. 6208) is amended—

20 (A) in subsection (c)(1) by striking

21 ‘‘Board’’ both places it appears and inserting

22 ‘‘Agency’’;

23 (B) by striking subsection (e);


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1 (C) in subsections (f) and (g) by striking

2 ‘‘Board’’ each place it appears and inserting

3 ‘‘Agency’’; and

4 (D) in subsection (g) by striking ‘‘Chair5 man of the Board’’ and inserting ‘‘Agency’’.

6 (3) By striking section 311 (22 U.S.C. 6210).

7 (4) In section 313 (22 U.S.C. 6212) by striking

8 ‘‘Board’’ and inserting ‘‘Agency’’.

9 (5) In section 314 (22 U.S.C. 6213) by striking

10 paragraph (2).

11 (6) By striking section 315.

12 (b) CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY

13 (LIBERTAD) ACT OF 1996.—Section 107 of the Cuban

14 Liberty and Democratic Solidarity (LIBERTAD) Act of

15 1996 (22 U.S.C. 6037) is amended in subsections (a) and

16 (b) by striking ‘‘International Broadcasting Bureau’’ each

17 place it appears and inserting ‘‘United States Inter18 national Broadcasting Agency’’.

19 (c) RADIO BROADCASTING TO CUBA ACT.—The

20 Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.)

21 is amended as follows:

22 (1) In section 3 (22 U.S.C. 1465a) as follows:

23 (A) In the section heading by striking

24 ‘‘BROADCASTING BOARD OF GOV25 ERNORS’’ and inserting ‘‘UNITED STATES


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1 INTERNATIONAL BROADCASTING

2 AGENCY’’.

3 (B) In subsection (a) by striking ‘‘the

4 ‘Board’)’’ and inserting ‘‘the ‘Agency’)’’.

5 (C) In subsections (a), (d), and (f) by

6 striking ‘‘Broadcasting Board of Governors’’

7 and inserting ‘‘United States International

8 Broadcasting Agency’’.

9 (2) In section 4 (22 U.S.C. 1465b) as follows:

10 (A) In the first sentence by striking ‘‘The’’

11 and all that follows through ‘‘Bureau’’ and in12 serting: ‘‘The Board of Governors of the United

13 States International Broadcasting Agency shall

14 establish within the Agency’’.

15 (B) In the third sentence by striking

16 ‘‘Broadcasting Board of Governors’’ and insert17 ing ‘‘Board of Governors of the United States

18 International Broadcasting Agency’’.

19 (C) In the fourth sentence by striking

20 ‘‘Board of the International Broadcasting Bu21 reau’’ and inserting ‘‘Board of Governors of the

22 United States International Broadcasting Agen23 cy’’.

24 (3) In section 5 (22 U.S.C. 1465c) as follows:


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1 (A) In subsection (b) by striking ‘‘Broad2 casting Board of Governors’’ and inserting

3 ‘‘Board of Governors of the United States

4 International Broadcasting Agency’’.

5 (B) By striking ‘‘Board’’ each place it ap6 pears and inserting ‘‘Advisory Board’’.

7 (4) In section 6 (22 U.S.C. 1465d) as follows:

8 (A) In subsection (a) by striking ‘‘Broad9 casting Board of Governors’’ and inserting

10 ‘‘United States International Broadcasting

11 Agency’’ and by striking ‘‘Board’’ and inserting

12 ‘‘Board of Directors of the United States Inter13 national Broadcasting Agency’’.

14 (B) In subsection (b) by striking ‘‘Board’’

15 and inserting ‘‘United States International

16 Broadcasting Agency’’.

17 (5) In section 7 (22 U.S.C. 1465e) by striking

18 ‘‘Board’’ in subsections (b) and (d) and inserting

19 ‘‘United States International Broadcasting Agency’’.

20 (6) In section 8(a) (22 U.S.C. 1465f(a)), by

21 striking ‘‘Broadcasting Board of Governors’’ and in22 serting ‘‘United States International Broadcasting

23 Agency’’.


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1 (d) TELEVISION BROADCASTING TO CUBA ACT.—

2 The Television Broadcasting to Cuba Act (22 U.S.C.

3 1465aa note) is amended as follows:

4 (1) Section 243(a) (22 U.S.C. 1465bb) is

5 amended by striking ‘‘Broadcasting Board of Gov6 ernors’’ and inserting ‘‘United States International

7 Broadcasting Agency’’.

8 (2) Section 244 (22 U.S.C. 1465cc) is amended

9 as follows:

10 (A) In subsection (a) by amending the

11 third sentence to read as follows: ‘‘The Board

12 of Governors of the United States International

13 Broadcasting Agency shall appoint a head of

14 the Service who shall report directly to the

15 Board of Governors.’’.

16 (B) In subsection (b) by striking ‘‘Board’’

17 and inserting ‘‘United States International

18 Broadcasting Agency’’.

19 (C) In subsection (c) by striking ‘‘The

20 Board’’ and inserting ‘‘The Agency’’ and by

21 striking ‘‘Board determines’’ and inserting

22 ‘‘Board of Governors of the United States

23 International Broadcasting Agency deter24 mines’’.


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1 (3) In section 246 (22 U.S.C. 1465dd) by strik2 ing ‘‘United States Information Agency’’ and insert3 ing ‘‘United States International Broadcasting

4 Agency’’ and by striking ‘‘Board’’ and inserting

5 ‘‘Board of Governors of the United States Inter6 national Broadcasting Agency’’.

7 (e) UNITED STATES INFORMATION AND EDU8 CATIONAL EXCHANGE ACT OF 1948.—The United States

9 Information and Educational Exchange Act of 1948 (22

10 U.S.C. 1431 et seq.) is amended—

11 (1) in section 505 (22 U.S.C. 1464a), by strik12 ing ‘‘Broadcasting Board of Governors’’ each place

13 it appears and inserting ‘‘United States Inter14 national Broadcasting Agency’’; and

15 (2) in section 506(c) (22 U.S.C. 1464b(c))—

16 (A) by striking ‘‘Broadcasting Board of

17 Governors’’ and inserting ‘‘United States Inter18 national Broadcasting Agency’’; and

19 (B) by striking ‘‘Board’’ and inserting

20 ‘‘Agency’’.

21 (f) FOREIGN SERVICE ACT OF 1980.—The Foreign

22 Service Act of 1980 (22 U.S.C. 3901 et seq.) is

23 amended—

24 (1) in section 202(a)(1) (22 U.S.C.

25 3922(a)(1)), by striking ‘‘Broadcasting Board of


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1 Governors’’ and inserting ‘‘United States Inter2 national Broadcasting Agency’’;

3 (2) in section 210 (22 U.S.C. 3930), by striking

4 ‘‘Broadcasting Board of Governors’’ and inserting

5 ‘‘United States International Broadcasting Agency’’;

6 (3) in section 1003(a) (22 U.S.C. 4103(a)), by

7 striking ‘‘Broadcasting Board of Governors’’ and in8 serting ‘‘United States International Broadcasting

9 Agency’’; and

10 (4) in section 1101(c) (22 U.S.C. 4131(c)), by

11 striking ‘‘Broadcasting Board of Governors,’’ and in12 serting ‘‘the United States International Broad13 casting Agency,’’.

14 (g) STATE DEPARTMENT BASIC AUTHORITIES ACT

15 OF 1956.—The State Department Basic Authorities Act

16 of 1956 (22 U.S.C. 2651a et seq.) is amended—

17 (1) in section 23(a) (22 U.S.C. 2695(a)), by

18 striking ‘‘Broadcasting Board of Governors,’’ and in19 serting ‘‘United States International Broadcasting

20 Agency,’’;

21 (2) in section 25(f) (22 U.S.C. 2697(f))—

22 (A) by striking ‘‘Broadcasting Board of

23 Governors’’ and inserting ‘‘United States Inter24 national Broadcasting Agency’’; and


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1 (B) by striking ‘‘the Board and the Agen2 cy’’ and inserting ‘‘their respective agencies’’;

3 (3) in section 26(b) (22 U.S.C. 2698(b))—

4 (A) by striking ‘Broadcasting Board of

5 Governors,’’ and inserting ‘‘United States Inter6 national Broadcasting Agency’’; and

7 (B) by striking ‘‘the Board and the Agen8 cy’’ and inserting ‘‘their respective agencies’’;

9 and

10 (4) in section 32 (22 U.S.C. 2704), by striking

11 ‘‘Broadcasting Board of Governors’’ and inserting

12 ‘‘United States International Broadcasting Agency’’.

13 (h) TITLE 5, UNITED STATES CODE.—

14 (1) Section 5314 of title 5, United States Code,

15 is amended by adding at the end the following: ‘‘Ex16 ecutive Director, United States International Broad17 casting Agency.’’.

18 (2) Section 5315 of title 5, United States Code,

19 is amended by striking ‘‘Director of the Inter20 national Broadcasting Bureau.’’.

21 SEC. 538. REFERENCES.

22 Except as otherwise provided in this subtitle or an

23 amendment made by this subtitle, any reference in any

24 statute, reorganization plan, Executive order, regulation,

25 agreement, determination, or other official document or


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1 proceeding to the Broadcasting Board of Governors and

2 the International Broadcasting Bureau or any other offi3 cer or employee of the Broadcasting Board of Governors

4 or the International Broadcasting Bureau shall be deemed

5 to refer to the United States International Broadcasting

6 Agency or the Board of Governors of the United States

7 International Broadcasting Agency established under this

8 subtitle.

9 SEC. 539. BROADCASTING STANDARDS.

10 Section 303(a) of the United States International

11 Broadcasting Act of 1994 (22 U.S.C. 6202(a)) is

12 amended—

13 (1) in paragraph (6) by striking ‘‘and’’;

14 (2) in paragraph (8) by striking the period and

15 inserting ‘‘; and’’; and

16 (3) by adding after paragraph (8) the following

17 new paragraph:

18 ‘‘(9) seek to ensure that resources are allocated

19 to broadcasts directed at people whose governments

20 deny freedom of expression or who are otherwise in

21 special need of honest and professional broadcasting,

22 commensurate with the need for such broadcasts.’’.

23 SEC. 540. EFFECTIVE DATE.

24 Except as otherwise provided, this subtitle and the

25 amendments made by this subtitle shall take effect on the


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1 last day of the 6-month period beginning on the date of

2 the enactment of this Act.

3 TITLE VI—INTERNATIONAL

4 FREE MEDIA ACT OF 2003

5 SEC. 601. SHORT TITLE.

6 This title may be cited as the ‘‘International Free

7 Media Act of 2003’’.

8 SEC. 602. DEFINITIONS.

9 In this title, the term ‘‘free media’’ means individuals

10 or organizations engaged in the gathering and distribution

11 of news and information free of direct or indirect govern12 mental control.

13 SEC. 603. FINDINGS.

14 The Congress makes the following findings:

15 (1) Freedom of speech and freedom of the press

16 are fundamental human rights enshrined in inter17 national law.

18 (2) The United States has a national interest in

19 promoting these freedoms by supporting free media

20 abroad, which is essential to the development of free

21 and democratic societies consistent with our own.

22 (3) Free media is undermined, endangered, or

23 nonexistent in many repressive and transitional soci24 eties around the world, including in Eurasia, Africa,

25 and the Middle East.


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1 (4) Free media is suppressed by foreign govern2 ments by a variety of means, including state censor3 ship, legal restriction, financial pressure, and phys4 ical intimidation.

5 (5) Unprofessional and unethical media that

6 violate widely accepted standards of professional

7 journalism and editorial practice compromises the

8 ability of a free media to contribute to open, fair,

9 and constructive democratic debate.

10 (6) Unprofessional and unethical media in11 cludes media that violate the standards set in the

12 International Covenant on Civil and Political Rights,

13 which includes article 20, section 2 of the Covenant

14 which states that ‘‘Any advocacy of national, racial,

15 or religious hatred that constitutes incitement to dis16 crimination, hostility, or violence shall be prohibited

17 by law.’’.

18 (7) Individuals lacking access to a plurality of

19 free media are vulnerable to misinformation and

20 propaganda and are potentially more likely to adopt

21 anti-American views.

22 (8) Foreign governments have a responsibility

23 to actively and publicly discourage and rebut unpro24 fessional and unethical media while respecting jour25 nalistic integrity and editorial independence.


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1 (9) Past and continuing United States Govern2 ment efforts to promote free media through training

3 and technical support have advanced United States

4 national interests by contributing to the promotion

5 of human rights and democracy worldwide.

6 (10) Support for free media must be an integral

7 part of United States foreign policy, including public

8 diplomacy and United States international broad9 casting, and should be coordinated across govern10 ment agencies and with international, bilateral, and

11 private donor organizations toward achieving the

12 shared goal of developing professional, ethical, diver13 sified, sustainable, independent, indigenous media

14 worldwide.

15 SEC. 604. STATEMENTS OF POLICY.

16 It shall be the policy of the United States, acting

17 through the Secretary of State, to—

18 (1) make the promotion of press freedoms and

19 free media worldwide a priority of United States for20 eign policy and an integral component of United

21 States public diplomacy;

22 (2) respect the journalistic integrity and edi23 torial independence of free media worldwide; and


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1 (3) use widely accepted standards for profes2 sional and ethical journalistic and editorial practices

3 in assessing international media.

4 SEC. 605. COORDINATOR FOR INTERNATIONAL FREE

5 MEDIA.

6 (a) ESTABLISHMENT.—There is established within

7 the Department of State a Coordinator for International

8 Free Media (in this section referred to as the ‘‘Coordi9 nator’’). At the discretion of the President another official

10 at the Department of State may serve as the Coordinator.

11 (b) APPOINTMENT OF COORDINATOR.—The Coordi12 nator shall be appointed by the President, by and with

13 the advice and consent of the Senate.

14 (c) DUTIES.—The principal duties of the Coordinator

15 shall be the promotion of international press freedoms and

16 free media by—

17 (1) coordinating United States government poli18 cies, programs, and projects concerning international

19 press freedoms and free media;

20 (2) monitoring and assessing the status of free

21 media worldwide in consultation with appropriate

22 agencies of the United States Government and na23 tional and international organizations;


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1 (3) promoting widely accepted standards of pro2 fessional and ethical journalism and editorial prac3 tices;

4 (4) discouraging media from advocating na5 tional, racial, or religious hatred that constitutes in6 citement to discrimination, hostility, or violence con7 sistent with article 20, section 2 of the International

8 Covenant on Civil and Political Rights;

9 (5) promoting the journalistic integrity and edi10 torial independence of free media worldwide;

11 (6) advising the President and the Secretary of

12 State regarding matters of international press free13 doms and free media;

14 (7) representing the United States in matters

15 and cases relevant to international press freedoms

16 and free media;

17 (8) assisting the Secretary of State in preparing

18 the portions of the Department of State country re19 ports on human rights that relate to international

20 press freedoms and free media;

21 (9) consulting with the Broadcasting Board of

22 Governors and the United States Agency for Inter23 national Development for the purpose of promoting

24 free media through training of international journal25 ists, producers, editors, and media managers; and


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1 (10) administering the International Free

2 Media Fund (established in section 607) in consulta3 tion with the United States Advisory Commission on

4 Public Diplomacy and International Media.

5 (d) ASSESSMENT FACTORS.—In making an assess6 ment of media within individual countries pursuant to sub7 section (c)(2), the Coordinator shall take into account—

8 (1) the number and diversity of media;

9 (2) access to and consumption of media by pop10 ulations;

11 (3) the extent of direct or indirect government

12 ownership, control, or censorship of media outlets;

13 (4) the financial viability and profitability of

14 free media;

15 (5) the extent to which journalists, editors, and

16 media managers adhere to widely accepted standards

17 for professional and ethical journalism;

18 (6) domestic laws addressing press freedoms;

19 (7) instances in which the media have incited

20 discrimination, hostility, or violence consistent with

21 article 20, section 2 of the International Covenant

22 on Civil and Political Rights;

23 (8) physical threats, intimidation or inappro24 priate pressure by government on free media;


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1 (9) the number of journalists, editors, pro2 ducers, and media managers receiving training from

3 programs of the Department of State, the Broad4 casting Board of Governors, grantees of the United

5 States Agency for International Development, or

6 other organizations qualified to provide such train7 ing; and

8 (10) the activity of local and international non9 governmental organizations promoting press free10 doms and free media and obstacles to their activity.

11 (e) CONSULTATION REQUIREMENT.—The Coordi12 nator shall consult with United States public affairs offi13 cers and other United States foreign mission personnel di14 rectly engaged in interacting with indigenous media in car15 rying out the duties specified in subsection (c).

16 (f) FUNDING.—The Secretary of State shall ensure

17 that the Coordinator has adequate staff and funding for

18 the conduct of investigations, the administration of the

19 International Free Media Fund, necessary travel, and oth20 ers activities necessary to carry out the provisions of this

21 section.


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1 SEC. 606. UNITED STATES ADVISORY COMMISSION ON PUB2 LIC DIPLOMACY AND INTERNATIONAL

3 MEDIA.

4 (a) ESTABLISHMENT.—Section 604(a)(1) of the

5 United States Information and Educational Exchange Act

6 of 1948 (22 U.S.C. 1469) is amended to read as follows:

7 ‘‘(1) There is established an advisory commis8 sion to be known as the United States Advisory

9 Commission on Public Diplomacy and International

10 Media.’’.

11 (b) DUTIES AND RESPONSIBILITIES.—Section 604(c)

12 of the United States Information and Exchange Act of

13 1948 (22 U.S.C. 1469) is amended by adding at the end

14 the following:

15 ‘‘(5) The Commission shall—

16 ‘‘(A) advise the Coordinator for Inter17 national Free Media on issues relating to the

18 promotion of international press freedoms and

19 free media;

20 ‘‘(B) assist the Coordinator for Inter21 national Free Media in monitoring and assess22 ing the status of free media worldwide;

23 ‘‘(C) consult with the Coordinator on the

24 administration of the International Free Media

25 Fund; and


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1 ‘‘(D) make policy recommendations to the

2 President, the Secretary of State, and Congress

3 with respect to matters involving international

4 press freedoms and free media.’’.

5 (c) REFERENCES.—Except as otherwise provided in

6 this section or an amendment made by this section, any

7 reference in any statute, reorganization plan, Executive

8 order, regulation, agreement, determination, or other offi9 cial document or proceeding to the United States Advisory

10 Commission on Public Diplomacy or any other officer or

11 employee of the United States Advisory Commission on

12 Public Diplomacy shall be deemed to refer to the United

13 States Advisory Commission on Public Diplomacy and

14 International Media established under this section.–––

15 SEC. 607. INTERNATIONAL FREE MEDIA FUND.

16 (a) ESTABLISHMENT.—There is established an Inter17 national Free Media Fund (in this section referred to as

18 the ‘‘Fund’’) at the Department of State.

19 (b) PURPOSES.—The purposes of the Fund shall

20 be—

21 (1) to promote the development of free and

22 independent media worldwide which adhere to widely

23 accepted standards of professional and ethical jour24 nalism and editorial practice; and


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1 (2) to complement current efforts by the De2 partment of State, the United States Agency for

3 International Development, the Broadcasting Board

4 of Governors, and other agencies of the United

5 States Government to support free and independent

6 media worldwide.

7 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi8 tion to amounts otherwise authorized to be appropriated

9 to carry out the purposes specified in subsection (b), there

10 is authorized to be appropriated to the Fund $15,000,000

11 for fiscal year 2004. Such amounts are authorized to re12 main available until expended.

13 (d) NONAPPLICABILITY OF OTHER LAWS.—Notwith14 standing any other provision of law, funds appropriated

15 pursuant to subsection (c) may be used for the purposes

16 of this section.

17 (e) ADMINISTRATION.—

18 (1) The Fund shall be administered by the Co19 ordinator in consultation with the Commission.

20 (2) Activities and assistance financed through

21 the Fund may be carried out through grants, con22 tracts, technical assistance, and material support.

23 (f) ELIGIBLE ORGANIZATIONS, PROGRAMS, AND

24 PROJECTS.—Amounts in the Fund may be used to carry

25 out activities and provide assistance only for organizaVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00134 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 tions, programs, and projects consistent with the purposes

2 set forth in subsection (b).

3 (g) PROHIBITIONS.—Amounts in the Fund shall not

4 be used to carry out activities or provide assistance to or5 ganizations, programs, or projects which advocate na6 tional, racial, or religious hatred that incites discrimina7 tion, hostility, or violence consistent with article 20, sec8 tion 2 of the International Covenant on Civil and Political

9 Rights.

10 (h) ASSISTANCE CRITERIA.—In administering the

11 Fund, the Coordinator shall take into account—

12 (1) the importance of providing assistance to

13 organizations, programs, and projects based on their

14 proven or potential contribution to the development

15 of a free media environment worldwide;

16 (2) the importance of enabling free media to be17 come commercially viable and financially inde18 pendent in the long term; and

19 (3) the importance of providing media per20 sonnel whose organizations, programs, or projects

21 receive assistance under this section for training in

22 professional and ethical journalism, editorial prac23 tices, and media management by the Department of

24 State, the Broadcasting Board of Governors, United

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1 ees, or other organizations qualified to provide such

2 training.

3 (i) ANNUAL REPORTS.—Not later than January 31,

4 of 2005 and in each subsequent year, the Coordinator

5 shall publish an annual report on the activities of the

6 Fund, which shall include a comprehensive and detailed

7 description of the operations, activities, financial condi8 tion, and accomplishments under this section for the pre9 ceding fiscal year. The reports shall also include an assess10 ment of whether the Fund should also provide loans and

11 guarantees as an additional means to carry out the pur12 poses of this title.

13 (j) CONSULTATION REQUIREMENTS.—

14 (1) The Coordinator shall consult with the

15 State Department official primarily responsible for

16 developing and implementing United States policy

17 with respect to a country prior to carrying out ac18 tivities or providing assistance for such country

19 through the Fund.

20 (2) Amounts in the Fund shall be used to carry

21 out activities or provide assistance on the basis of

22 consultations among all relevant United States Gov23 ernment agencies operating in the country and with

24 the approval of the chief of mission.


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1 SEC. 608. FREE MEDIA PROMOTION ACTIVITY OF THE

2 BROADCASTING BOARD OF GOVERNORS.

3 (a) IN GENERAL.—The Broadcasting Board of Gov4 ernors shall make support for indigenous free media an

5 integral part of its mission.

6 (b) AFFILIATES.—The Broadcasting Board of Gov7 ernors shall submit a report to the appropriate congres8 sional committees on the prospects and strategy for culti9 vating affiliate relationships with free media in countries

10 targeted for United States international broadcasting.

11 (c) TRAINING.—The Broadcasting Board of Gov12 ernors shall enhance foreign journalist training programs

13 in coordination with existing training programs adminis14 tered by the Department of State and the United States

15 Agency for International Development.

16 (d) AUTHORIZATION FOR APPROPRIATIONS.—In ad17 dition to amounts otherwise authorized to be appropriated,

18 there is authorized to be appropriated $2,500,000 for the

19 fiscal year 2004 and $2,500,000 for the fiscal year 2005

20 to support free media in countries in which the Broad21 casting Board of Governors is decreasing or discontinuing

22 United States international broadcasting activity.


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1 TITLE VII—MISCELLANEOUS

2 PROVISIONS

3 Subtitle A—Reporting

4 Requirements

5 SEC. 701. REPORTS ON BENCHMARKS FOR BOSNIA.

6 (a) Section 7 of the 1998 Supplemental Appropria7 tions and Rescissions Act (Public Law 105–174, 112 Stat.

8 64) is amended—

9 (1) at the end of paragraph (1) by striking ‘‘;

10 and’’ and inserting a period;

11 (2) by striking ‘‘Congress’’ and all that follows

12 through ‘‘not later’’ and inserting ‘‘Congress not

13 later’’; and

14 (3) by striking paragraph (2).

15 (b) Section 1203 of the Strom Thurmond National

16 Defense Authorization Act for Fiscal Year 1999 (Public

17 Law 105–261) is repealed.

18 SEC. 702. REPORTS TO COMMITTEE ON INTERNATIONAL

19 RELATIONS.

20 Notwithstanding any other provision of law, for the

21 fiscal years 2004 and 2005, any report required by law

22 or otherwise requested to be submitted by the Secretary

23 of State or the Department of State to any committee of

24 the Congress shall be submitted also to the Committee on

25 International Relations of the House of Representatives.


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1 SEC. 703. REPORTS CONCERNING THE CAPTURE AND PROS2 ECUTION OF PARAMILITARY AND OTHER

3 TERRORIST LEADERS IN COLOMBIA.

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

5 findings:

6 (1) As reported in the Department of State re7 port Patterns of Global Terrorism 2001, the United

8 Self-Defense Forces of Colombia (also referred to as

9 ‘‘AUC’’ or ‘‘paramilitaries’’) have been designated as

10 a foreign terrorist organization by the United States

11 primarily because of their increasing reliance on ter12 rorist methods, such as the use of massacres, to pur13 posefully displace segments of the population as re14 taliation for allegedly supporting the AUC’s rival or15 ganizations, the Revolutionary Armed Forces of Co16 lombia (FARC) and the National Liberation Army

17 (ELN) of Colombia. According to the report, the

18 paramilitaries also use terrorist tactics to compete

19 for narcotics-trafficking corridors and prime coca20 growing terrain.

21 (2) The Department of State concluded in the

22 2001 Country Report on Human Rights Practices

23 that despite increased efforts by the Government of

24 Colombia to combat and capture members of para25 military groups, security forces sometimes illegally

26 collaborate with paramilitaries forces and often fail


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1 to take action to prevent paramilitary attacks which

2 lead to serious abuses of human rights.

3 (3) In September 2002, Amnesty International,

4 Human Rights Watch, and the Washington Office

5 on Latin America released a report which argued

6 that the Colombian Government had not made sub7 stantial progress toward suspending officers impli8 cated in human rights abuses, conducting effective

9 judicial investigations of such abuses, or breaking

10 the persistent links between some units of the Co11 lombian military and paramilitary groups.

12 (4) In February 2003, the United Nations High

13 Commissioner for Human Rights in Colombia re14 ported that some units of the Colombian Security

15 Forces continued to collude openly with illegal para16 military groups in operations which resulted in viola17 tions of human rights.

18 (5) The Consolidated Appropriations Resolu19 tion, 2003 (Public Law 108–7) made available not

20 less than $5,000,000 to support a Colombian Armed

21 Forces unit which is dedicated to apprehending lead22 ers of Colombian paramilitary organizations.

23 (b) REPORTS TO CONGRESS.—Not later than 30 days

24 after the date of enactment of this Act, and every 180

25 days thereafter, the Secretary of State, after consulting


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1 with internationally recognized human rights organiza2 tions pursuant to the procedures required in section

3 564(b) of the Consolidated Appropriations Resolution,

4 2003, shall submit a report, in unclassified form (with a

5 classified annex if necessary), on the specific measures

6 that the Colombian authorities are taking to apprehend

7 effectively and prosecute aggressively leaders of para8 military organizations, to the Committee on International

9 Relations of the House of Representatives and the Com10 mittee on Foreign Relations of the Senate.

11 (c) CONTENTS OF REPORTS.—Each report submitted

12 pursuant to subsection (b) shall—

13 (1) identify which Colombian Armed Forces

14 units are receiving assistance to apprehend leaders

15 of Colombian paramilitary organizations;

16 (2) describe the amount and purposes of such

17 assistance;

18 (3) describe operations by Colombian security

19 forces to apprehend and arrest leaders of Colombian

20 paramilitary organizations;

21 (4) list the number of detentions, captures, and

22 arrests of leaders of Colombian paramilitary organi23 zations, disaggregating the number according to

24 those detentions, captures, and arrests which were


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1 carried out by Colombian security forces identified

2 under paragraph (1);

3 (5) briefly describe the status of investigations

4 and prosecutions of cases by the Colombian Attorney

5 General’s office involving the arrests of leaders of

6 Colombian paramilitary organizations; and

7 (6) estimate the number of hours of use by the

8 Colombian military of helicopters provided by the

9 United States under Plan Colombia and successor

10 programs to apprehend the leaders of Colombian

11 paramilitary organizations, as well as leaders of the

12 FARC and ELN, including those individuals who

13 have United States indictments pending against

14 them.

15 SEC. 704. REPORTS RELATING TO MAGEN DAVID ADOM SO16 CIETY.

17 (a) FINDINGS.—Section 690(a) of the Foreign Rela18 tions Authorization Act, Fiscal Year 2003 (Public Law

19 107–228) is amended by adding at the end the following:

20 ‘‘(5) Since the founding of the Magen David

21 Adom in 1930, the American Red Cross has re22 garded it as a sister national society forging close

23 working ties between the two societies and has con24 sistently advocated recognition and membership of


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1 the Magen David Adom in the International Red

2 Cross and Red Crescent Movement.

3 ‘‘(6) The American Red Cross and Magen

4 David Adom signed an important memorandum of

5 understanding in November 2002, outlining areas

6 for strategic collaboration, and the American Red

7 Cross will encourage other societies to establish simi8 lar agreements with Magen David Adom.’’.

9 (b) SENSE OF CONGRESS.—Section 690(b) of such

10 Act is amended—

11 (1) in paragraph (3) after the semicolon by

12 striking ‘‘and’’;

13 (2) by redesignating paragraph (4) as para14 graph (5); and

15 (3) by inserting after paragraph (3) the fol16 lowing new paragraph:

17 ‘‘(4) the High Contracting Parties to the Gene18 va Conventions of August 12, 1949, should adopt

19 the October 12, 2000, draft additional protocol

20 which would accord international recognition to an

21 additional distinctive emblem; and’’.

22 (c) REPORT.—Section 690 of such Act is further

23 amended by adding at the end the following:

24 ‘‘(c) REPORT.—Not later than 60 days after the date

25 of the enactment of the Foreign Relations Authorization


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1 Act, Fiscal Years 2004 and 2005 and annually thereafter,

2 the Secretary of State shall submit a report, on a classified

3 basis if necessary, to the appropriate congressional com4 mittees describing—

5 ‘‘(1) efforts by the United States to obtain full

6 membership for the Magen David Adom in the

7 International Red Cross Movement;

8 ‘‘(2) efforts by the International Committee of

9 the Red Cross to obtain full membership for the

10 Magen David Adom in the International Red Cross

11 Movement;

12 ‘‘(3) efforts of the High Contracting Parties to

13 the Geneva Convention of 1949 to adopt the October

14 12, 2000, draft additional protocol; and

15 ‘‘(4) the extent to which the Magen David

16 Adom of Israel is participating in the activities of

17 the International Red Cross and Red Crescent Move18 ment.’’.

19 SEC. 705. REPORT CONCERNING THE RETURN OF POR20 TRAITS OF HOLOCAUST VICTIMS TO THE

21 ARTIST DINA BABBITT.

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

23 findings:

24 (1) Dina Babbitt (formerly known as Dinah

25 Gottliebova), a United States citizen, has requested


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1 the return of watercolor portraits she painted while

2 suffering a one and one-half year long internment at

3 the Auschwitz death camp during World War II,

4 where she was ordered to paint portraits by the infa5 mous war criminal Dr. Josef Mengele.

6 (2) Congress has previously considered the

7 issue, under the Foreign Relations Authorization

8 Act, Fiscal Year 2003 (Public Law 107–228), and

9 urged the Administration to facilitate the return of

10 the paintings to Dina Babbitt.

11 (3) The Administration has not yet reported

12 any progress in furthering this goal, nor has the

13 Secretary reported on the status of any negotiations

14 held with the intent of furthering this goal.

15 (b) SENSE OF CONGRESS.—The Congress—

16 (1) continues to recognize the moral right of

17 Dina Babbitt to obtain the artwork she created, and

18 recognizes her courage in the face of the evils per19 petrated by the Nazi command of the Auschwitz20 Birkenau death camp, including the atrocities com21 mitted by Dr. Josef Mengele;

22 (2) urges the President of the United States to

23 make all necessary efforts to retrieve the 7 water24 color portraits painted by Dina Babbitt, during her

25 internment at the Auschwitz death camp; and


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1 (3) urges the Secretary of State to make imme2 diate diplomatic efforts to facilitate the transfer of

3 the 7 original watercolors painted by Dina Babbitt

4 from the Auschwitz-Birkenau State Museum to Dina

5 Babbitt, their rightful owner.

6 (c) REPORTING REQUIREMENT.—Not later than 180

7 days after the date of the enactment of this Act, the Sec8 retary of State shall submit a report to the appropriate

9 congressional committees, describing all diplomatic efforts

10 the United States has taken to facilitate the return of the

11 paintings referred to in this section to Dina Babbitt.

12 SEC. 706. REPORT TO CONGRESS ON USE OF VESTED AS13 SETS.

14 Section 203(a) of the International Emergency Eco15 nomic Powers Act (50 U.S.C. 1702(a)) is amended—

16 (1) in subparagraph (C), by inserting ‘‘, subject

17 to paragraph (4),’’ after ‘‘such interest or property

18 shall’’; and

19 (2) by adding at the end the following:

20 ‘‘(4) The authority under paragraph (1)(C) to use

21 property that has been vested or to use assets that have

22 been liquidated may not be exercised until 15 days after

23 the President has notified the Committee on International

24 Relations of the House of Representatives and the Com25 mittee on Foreign Relations of the Senate of the purpose


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1 for which such vested property or liquidated assets will

2 be so used.’’.

3 SEC. 707. REPORT CONCERNING THE CONFLICT IN UGAN4 DA.

5 (a) SENSE OF CONGRESS.—It is the sense of the Con6 gress that the United States should—

7 (1) exhaust all diplomatic means and pressures,

8 including the creation of a United States role in ne9 gotiating humanitarian access to hitherto inacces10 sible populations which would offer an opportunity

11 to bring the warring parties together to build con12 fidence, to support an immediate peaceful resolution

13 to the 16-year old conflict in Northern Uganda that

14 has—

15 (A) killed an estimated 23,000 people, in16 cluding 12,000 civilians,

17 (B) resulted in the forced abduction, sex18 ual servitude, and armed recruitment of be19 tween 16,000 to 26,000 Ugandan children by

20 the Lord’s Resistance Army, a renegade army

21 that has in the past sought refuge in southern

22 Sudan and raided villages in northern Uganda,

23 (C) displaced over 800,000 Ugandan citi24 zens and Sudanese refugees,


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1 (D) resulted in the death and abduction of

2 humanitarian aid workers, and

3 (E) gravely inhibited the delivery of emer4 gency assistance and food aid to nearly 1 mil5 lion northern Ugandan civilians dependent on

6 such assistance for survival;

7 (2) urge rebel forces to stop the abduction of

8 children, urge all forces to stop the use of child sol9 diers, and seek the release of all forcibly-held chil10 dren;

11 (3) make available technical assistance re12 sources to seek, track, and stop funding for the

13 Lord’s Resistance Army (LRA) from all sources and

14 condemn all governments and organizations who do

15 assist the LRA;

16 (4) monitor and support negotiations conducted

17 by an third-party institutions for an immediate

18 cease-fire between the LRA and the Ugandan Gov19 ernment, and to explore the possibility of facilitating

20 the creation of mechanisms for an international

21 monitoring team to enforce this cease-fire as the

22 first step in the process toward a permanent peace;

23 (5) continue supporting the Sudan Peace Proc24 ess and Danforth Initiative, which includes peace

25 talks, donor coordination, regional support, civilian


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1 protection and monitoring, and cease-fire verification

2 and consider modeling aspects of this process in

3 northern Uganda;

4 (6) make available sufficient resources to meet

5 the immediate relief of the towns and cities sup6 porting large displaced populations, including food,

7 clean water, medicine, shelter, and clothing;

8 (7) make available increased resources for as9 sistance to released and returned abducted children

10 and child soldiers and ensure that amnesty is pro11 vided when appropriate;

12 (8) work with other donors and the Ugandan

13 Government to increase resources and technical sup14 port to the Uganda Amnesty Commission for the in15 creased demobilization of rebel combatants;

16 (9) examine ways in which development assist17 ance can help those living in protective villages in

18 northern Uganda return to and cultivate farmland;

19 and

20 (10) condition military assistance to Uganda on

21 its international compliance with sustained troop

22 withdrawals from the Democratic Republic of Congo

23 where the presence of Ugandan armies has contrib24 uted to the violence and instability in the region.


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1 (b) REPORTS TO CONGRESS.—Not later than 180

2 days after the date of the enactment of this Act, and not

3 later than April 1 of each subsequent year, the Secretary

4 shall submit to the appropriate congressional committees

5 a report on the comprehensive actions of the United States

6 in seeking a peaceful and immediate solution to conflict

7 in northern Uganda as well as humanitarian assistance

8 efforts to the region, including efforts to advance each

9 area addressed in subsection (a).

10 Subtitle B—Other Matters

11 SEC. 721. SENSE OF CONGRESS RELATING TO EAST TIMOR,

12 JUSTICE, AND REHABILITATION.

13 The Congress—

14 (1) recalls that the United Nations Inter15 national Commission of Inquiry concluded in Janu16 ary 2000 that ‘‘the Indonesian Army was responsible

17 for the intimidation, terror, killings and other acts

18 of violence’’ during East Timor’s vote for independ19 ence in 1999;

20 (2) reiterates that justice for crimes against hu21 manity and war crimes committed in East Timor

22 during the vote for independence in 1999 is crucial

23 for peace, reconciliation, and the ongoing nation24 building process in East Timor and Indonesia;


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1 (3) finds that the ad hoc Human Rights Court

2 on East Timor established by the Indonesian Gov3 ernment in 2001 has inadequately brought to justice

4 the perpetrators of these crimes as eleven of four5 teen defendants have been acquitted as a result of

6 poor indictments and the absence of an adequate

7 witness protection program, and four of the five sen8 tences imposed have been less than the minimum al9 lowed under the Indonesian Human Rights Law;

10 (4) supports the work of the Joint United Na11 tions-East Timor Serious Crimes Unit (SCU), which

12 filed indictments against high-ranking Indonesian

13 officers who were allegedly involved in the crimes,

14 including Gen. Wiranto, Maj. Gen. Kiki Syahnakri,

15 Maj. Gen. Zacky Anwar Makarim, Maj. Gen. Adam

16 Damiri, Col. Suratman, Col. Noer Muis, Col. Yayat

17 Sudrajat and former Governor Abilio Soares, and ex18 presses its strong disappointment that the Indo19 nesian Government has stated its intention to ignore

20 the indictments;

21 (5) calls on the State Department and the

22 United States Mission to the United Nations to push

23 for a comprehensive United Nations review of the

24 Indonesian ad hoc Human Rights Court on East

25 Timor, including a review of the conduct of trials,


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1 the indictment strategy by the prosecutors and its

2 adherence to the international standards, and urges

3 the State Department to consider alternative mecha4 nisms of justice for East Timor, including the estab5 lishment of an ad hoc international tribunal; and

6 (6) urges the Indonesian Government to fully

7 cooperate with the joint United Nations-East Timor

8 Serious Crimes Unit (SCU) and encourages the

9 United States to urge the Indonesian Government to

10 fully cooperate with the SCU.

11 SEC. 722. SENSE OF CONGRESS CONCERNING HUMAN

12 RIGHTS AND JUSTICE IN INDONESIA.

13 The Congress—

14 (1) notes with grave concern that members of

15 the Indonesian security forces, particularly the Army

16 Special Forces (Kopassus) and the Police Mobile

17 Brigade (Brimob), continue to commit many serious

18 human rights violations, including extrajudicial

19 killings, torture, rape, and arbitrary detention, par20 ticularly in areas of conflict such as Aceh, Papua,

21 the Moluccas, and Central Sulawesi;

22 (2) notes with grave concern that the Govern23 ment of Indonesia largely fails to hold soldiers and

24 police accountable for extrajudicial killings and other

25 serious human rights abuses, both past and present;


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1 (3) condemns the intimidation and harassment

2 of human rights and civil society organizations and

3 activists by members of Indonesian security forces

4 and by military-backed militia groups, particularly in

5 Aceh and Papua;

6 (4) notes with concern the Indonesian military’s

7 resistance to civilian control and oversight, its lack

8 of budgetary transparency, and its continuing em9 phasis on internal security within Indonesia;

10 (5) urges the Indonesian government and mili11 tary to provide full, active, and unfettered coopera12 tion with the investigation of the Federal Bureau of

13 Investigation of the United States Department of

14 Justice into the August 31, 2002 attack near

15 Timika, Papua, which killed three people (including

16 two Americans, Rick Spier and Ted Burgon), and

17 injured 12 others, and which appears likely to have

18 been perpetrated at least in part by members of the

19 Indonesian military;

20 (6) commends the December 2002 signing of

21 the Framework Agreement on Cessation of Hos22 tilities in Aceh, but condemns the recent outbreaks

23 of violence and militia activity that appear calculated

24 to subvert that cease-fire agreement;


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1 (7) notes with grave concern the continued de2 tention of Muhammad Nazar, and the fact that

3 those responsible for the murders of other prominent

4 members of civil society in Aceh, such as Jafar

5 Siddiq Hamzah, Sukardi, Sulaiman Ahmad, Tengku

6 Safwan Idris, Nashiruddin Daud, and Zaini

7 Sulaiman, still have not been apprehended, pros8 ecuted, or punished;

9 (8) commends the ‘‘Zone of Peace’’ initiative in

10 Papua, which has brought together civic, religious,

11 governmental, and police representatives to discuss

12 productive means of avoiding conflict, but expresses

13 concern at the refusal of the Indonesian military to

14 participate in that effort; and

15 (9) encourages the Government of Indonesia to

16 expedite the reunification of separated East Timor17 ese children with their families, and to hold legally

18 accountable those individuals and organizations re19 sponsible for taking those children and for obstruct20 ing reunification efforts.

21 SEC. 723. AMENDMENT TO THE INTERNATIONAL RELI22 GIOUS FREEDOM ACT OF 1998.

23 Section 207(a) of the International Religious Free24 dom Act of 1998 (22 U.S.C. 6435(a)) is amended by inVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00154 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 serting ‘‘and for each subsequent fiscal year’’ after

2 ‘‘2003’’.

3 SEC. 724. SENSE OF CONGRESS WITH RESPECT TO HUMAN

4 RIGHTS IN CENTRAL ASIA.

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

6 findings:

7 (1) The Central Asian nations of Kazakhstan,

8 Kyrgyzstan, Tajikistan, Turkmenistan, and

9 Uzbekistan are providing the United States with as10 sistance in the war in Afghanistan, from military

11 basing and overflight rights to the facilitation of hu12 manitarian relief.

13 (2) In turn, the United States victory over the

14 Taliban in Afghanistan provides important benefits

15 to the Central Asian nations by removing a regime

16 that threatened their security and by significantly

17 weakening the Islamic Movement of Uzbekistan, a

18 terrorist organization that had previously staged

19 armed raids from Afghanistan into the region.

20 (3) The United States has consistently urged

21 the nations of Central Asia to open their political

22 systems and economies and to respect human rights,

23 both before and since the attacks of September 11,

24 2001.


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1 (4) Kazakhstan, Kyrgyzstan, Tajikistan,

2 Turkmenistan, and Uzbekistan are members of the

3 United Nations and the Organization for Security

4 and Cooperation in Europe (OSCE), both of which

5 confer a range of obligations with respect to human

6 rights on their members.

7 (5) While the United States recognizes marked

8 differences among the social structures and commit9 ments to democratic and economic reform of the

10 Central Asian nations, the United States notes nev11 ertheless, according to the State Department Coun12 try Reports on Human Rights Practices, that all five

13 governments of such nations, to differing degrees,

14 restrict freedom of speech and association, restrict

15 or ban the activities of human rights organizations

16 and other nongovernmental organizations, harass or

17 prohibit independent media, imprison political oppo18 nents, practice arbitrary detention and arrest, and

19 engage in torture and extrajudicial executions.

20 (6) By continuing to suppress human rights

21 and to deny citizens peaceful, democratic means of

22 expressing their convictions, the nations of Central

23 Asia risk fueling popular support for violent and ex24 tremist movements, thus undermining the goals of

25 the war on terrorism.


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1 (7) President George W. Bush has made the

2 defense of human dignity, the rule of law, limits on

3 the power of the state, respect for women and pri4 vate property, free speech, equal justice, religious

5 tolerance strategic goals of United States foreign

6 policy in the Islamic world, arguing that ‘‘a truly

7 strong nation will permit legal avenues of dissent for

8 all groups that pursue their aspirations without vio9 lence’’.

10 (8) Congress has expressed its desire to see

11 deeper reform in Central Asia in past resolutions

12 and other legislation, most recently conditioning as13 sistance to Uzbekistan and Kazakhstan on their

14 progress in meeting commitments to the United

15 States on human rights and democracy.

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

17 Congress that—

18 (1) the governments of Kazakhstan,

19 Kyrgyzstan, Tajikistan, Turkmenistan, and

20 Uzbekistan should accelerate democratic reforms

21 and fulfill their human rights obligations, including,

22 where appropriate, by—

23 (A) releasing from prison anyone jailed for

24 peaceful political activism or the nonviolent ex25 pression of their political or religious beliefs;


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1 (B) fully investigating any credible allega2 tions of torture and prosecuting those respon3 sible;

4 (C) permitting the free and unfettered

5 functioning of independent media outlets, inde6 pendent political parties, and nongovernmental

7 organizations, including by easing registration

8 processes;

9 (D) permitting the free exercise of reli10 gious beliefs and ceasing the persecution of

11 members of religious groups and denominations

12 that do not engage in violence or political

13 change through violence;

14 (E) holding free, competitive, and fair elec15 tions; and

16 (F) making publicly available documenta17 tion of their revenues and punishing those en18 gaged in official corruption;

19 (2) the President, the Secretary of State, and

20 the Secretary of Defense should—

21 (A) continue to raise at the highest levels

22 with the governments of the nations of Central

23 Asia specific cases of political and religious per24 secution, and to urge greater respect for human


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1 rights and democratic freedoms at every diplo2 matic opportunity;

3 (B) take progress in meeting the goals

4 specified in paragraph (1) into account when

5 determining the scope and nature of United

6 States diplomatic and military relations and as7 sistance with each of such governments;

8 (C) ensure that the provisions of foreign

9 operations appropriations Acts are fully imple10 mented to ensure that no United States assist11 ance benefits security forces in Central Asia

12 that are implicated in violations of human

13 rights;

14 (D) press the Government of

15 Turkmenistan to implement the helpful rec16 ommendations contained in the 2003 resolution

17 on Turkmenistan of the United Nations Com18 mission on Human Rights and the so-called

19 ‘‘Moscow Mechanism’’ Report of the Organiza20 tion for Security and Cooperation in Europe

21 (OSCE), respect the right of all prisoners to

22 due process and a fair trial and release demo23 cratic activists and their family members from

24 prison;


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1 (E) urge the Government of Russia not to

2 extradite to Turkmenistan members of the po3 litical opposition of Turkmenistan;

4 (F) work with the Government of

5 Kazakhstan to create a political climate free of

6 intimidation and harassment, including releas7 ing political prisoners and permitting the return

8 of political exiles, and to reduce official corrup9 tion, including by urging the Government of

10 Kazakhstan to cooperate with the ongoing

11 United States Department of Justice investiga12 tion;

13 (G) support through United States assist14 ance programs individuals, nongovernmental or15 ganizations, and media outlets in Central Asia

16 working to build more open societies, to support

17 the victims of human rights abuses, and to ex18 pose official corruption; and

19 (H) press the Government of Uzbekistan

20 to implement fully the recommendations made

21 to the Government of Uzbekistan by the United

22 Nations’ Special Rapporteur on Torture; and

23 (3) increased levels of United States assistance

24 to the governments of the nations of Central Asia

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1 ghanistan can be sustained only if there is substan2 tial and continuing progress toward meeting the

3 goals specified in paragraph (1).

4 SEC. 725. TECHNICAL CORRECTION TO AUTHORIZATION OF

5 APPROPRIATIONS FOR FISCAL YEAR 2003

6 FOR CENTER FOR CULTURAL AND TECH7 NICAL INTERCHANGE BETWEEN EAST AND

8 WEST.

9 Section 112(3) of the Foreign Relations Authoriza10 tion Act, Fiscal Year 2003 (116 Stat. 1358; Public Law

11 107–228) is amended by striking ‘‘$15,000,000’’ and in12 serting ‘‘$18,000,000’’.

13 DIVISION B—DEFENSE TRADE

14 AND SECURITY ASSISTANCE

15 REFORM ACT OF 2003

16 TITLE X—GENERAL PROVISIONS

17 SEC. 1001. SHORT TITLE.

18 This division may be cited as the ‘‘Defense Trade and

19 Security Assistance Reform Act of 2003’’.

20 SEC. 1002. DEFINITIONS.

21 Except as otherwise provided, in this division:

22 (1) DEFENSE ARTICLES.—The term ‘‘defense

23 articles’’ has the meaning given the term in section

24 47(7)(A) of the Arms Export Control Act (as

25 amended by section 1107(d) of this Act).


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1 (2) DEFENSE SERVICES.—The term ‘‘defense

2 services’’ has the meaning given the term in section

3 47(7)(B) of the Arms Export Control Act (as

4 amended by section 1107(d) of this Act).

5 (3) DUAL USE.—The term ‘‘dual use’’ means,

6 with respect to goods or technology, those goods or

7 technology that are specifically designed or devel8 oped for civil purposes but which also may be used

9 or deployed in a military mode.

10 (4) EXPORT ADMINISTRATION REGULATIONS.—

11 The term ‘‘Export Administration Regulations’’

12 means those regulations contained in sections 730–

13 774 of title 15, Code of Federal Regulations (or suc14 cessor regulations).

15 (5) GOOD.—The term ‘‘good’’ has the meaning

16 given the term in section 16(3) of the Export Ad17 ministration Act of 1979 (50 U.S.C. App. 2415(3)).

18 (6) INTERNATIONAL TRAFFIC IN ARMS REGULA19 TIONS.—The term ‘‘International Traffic in Arms

20 Regulations’’ means those regulations contained in

21 sections 120–130 of title 22, Code of Federal Regu22 lations (or successor regulations).

23 (7) MISSILE TECHNOLOGY CONTROL REGIME;

24 MTCR.—The term ‘‘Missile Technology Control Re25 gime’’ or ‘‘MTCR’’ has the meaning given the term


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1 in section 11B(c)(2) of the Export Administration

2 Act of 1979 (50 U.S.C. App. 2401b(c)(2)).

3 (8) MISSILE TECHNOLOGY CONTROL REGIME

4 ANNEX; MTCR ANNEX.—The term ‘‘Missile Tech5 nology Control Regime Annex’’ or ‘‘MTCR Annex’’

6 has the meaning given the term in section 11B(c)(4)

7 of the Export Administration Act of 1979 (50

8 U.S.C. App. 2401b(c)(4)).

9 (9) OPERATION IRAQI FREEDOM.—The term

10 ‘‘Operation Iraqi Freedom’’ means operations of

11 United States Armed Forces, the armed forces of

12 the United Kingdom, and the armed forces of other

13 coalition member countries initiated on or about

14 March 19, 2003—

15 (A) to disarm Iraq of its weapons of mass

16 destruction;

17 (B) to enforce United Nations Security

18 Council Resolution 1441 (November 8, 2002)

19 and other relevant Security Council resolutions

20 with respect to Iraq; and

21 (C) to liberate the people of Iraq from the

22 regime of Saddam Hussein.

23 (10) TECHNOLOGY.—The term ‘‘technology’’

24 has the meaning given the term in section 16(4) of


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1 the Export Administration Act of 1979 (50 U.S.C.

2 App. 2415(4)).

3 SEC. 1003. REFERENCES TO ARMS EXPORT CONTROL ACT.

4 Except as otherwise specifically provided, whenever in

5 this division an amendment is expressed in terms of an

6 amendment to a section or other provision, the reference

7 shall be considered to be made to that section or other

8 provision of the Arms Export Control Act (22 U.S.C. 2751

9 et seq.).

10 TITLE XI—TERRORIST-RELATED

11 PROHIBITIONS AND EN12 FORCEMENT MEASURES

13 SEC. 1101. ELIGIBILITY PROVISIONS.

14 (a) INELIGIBILITY FOR TERRORIST RELATED

15 TRANSACTIONS.—Section 3(c)(1) (22 U.S.C. 2753(c)(1))

16 is amended—

17 (1) in each of subparagraphs (A) and (B), by

18 striking ‘‘or any predecessor Act,’’ and inserting ‘‘,

19 any predecessor Act, or licensed or approved under

20 section 38 of this Act, to carry out a transaction

21 with a country, the government of which the Sec22 retary of State has determined is a state sponsor of

23 international terrorism for purposes of section

24 6(j)(1) of the Export Administration Act of 1979


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1 (50 U.S.C. App. 2405(j)(1)), or otherwise uses such

2 defense articles or defense services’’; and

3 (2) by adding at the end the following:

4 ‘‘(C) In this section, the term ‘transaction’ means the

5 taking of any action, directly or indirectly, by a foreign

6 country that would be a transaction prohibited by section

7 40 of this Act with respect to the United States Govern8 ment and United States persons.’’.

9 (b) REPORTING REQUIREMENT.—Section 3(e) (22

10 U.S.C. 2753(e)) is amended by inserting after ‘‘the For11 eign Assistance Act of 1961,’’ the following: ‘‘regardless

12 of whether the article or service has been sold or otherwise

13 furnished by the United States Government or licensed

14 under section 38 of this Act,’’.

15 SEC. 1102. WEAPONS TRANSFERS TO FOREIGN PERSONS IN

16 THE UNITED STATES.

17 Section 38(a)(1) (22 U.S.C. 2778(a)(1)) is amended

18 in the first sentence by inserting after ‘‘import and the

19 export of defense articles and defense services’’ the fol20 lowing: ‘‘, or the transfer of such articles, other than fire21 arms (or ammunition, components, parts, accessories, or

22 attachments for firearms), and services within the United

23 States to foreign persons,’’.


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1 SEC. 1103. COORDINATION OF LICENSE EXEMPTIONS WITH

2 UNITED STATES LAW ENFORCEMENT AGEN3 CIES.

4 (a) SENSE OF CONGRESS.—In view of the historic

5 difficulties in the enforcement of the Arms Export Control

6 Act (22 U.S.C. 2751 et seq.) associated with violations

7 involving exports of defense articles and defense services

8 that have been exempted by regulation from the licensing

9 requirements of section 38 of such Act, it is the sense of

10 Congress that the establishment of new exemptions by reg11 ulation should only be undertaken after careful coordina12 tion with the appropriate United States law enforcement

13 agencies.

14 (b) AMENDMENT.—Section 38(b)(2) (22 U.S.C.

15 2778(b)(2)) is amended by adding at the end the following

16 new sentences: ‘‘In promulgating regulations under sub17 section (a)(1) in accordance with the preceding sentence,

18 any provision in such regulations that permits the export

19 of defense articles or defense services without a license

20 shall include a determination by the Attorney General, in

21 consultation with the Secretary of Homeland Security and

22 the Director of the Federal Bureau of Investigation, that

23 the compilation and maintenance of sufficient documenta24 tion relating to the export without a license of the articles

25 or services is ensured, notwithstanding the absence of a

26 license, to facilitate law enforcement efforts to detect, preVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00166 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 vent, and prosecute criminal violations of any provision of

2 this section, section 39, or section 40 of this Act, including

3 the efforts on the part of countries and factions engaged

4 in international terrorism to illicitly acquire defense arti5 cles and defense services. No defense article or defense

6 service designated by the President under subsection

7 (a)(1) may be exported without a license pursuant to a

8 regulation under subsection (a)(1) that is promulgated on

9 or after January 1, 2003, until 30 days after the date

10 on which the President provides notice of the proposed

11 regulation to the Committee on International Relations of

12 the House of Representatives and to the Committee on

13 Foreign Relations of the Senate in accordance with the

14 procedures applicable to reprogramming notifications

15 under section 634A(a) of the Foreign Assistance Act of

16 1961, including a description of the criteria that would

17 be used to permit the export of the article or service and

18 any measures to facilitate law enforcement efforts associ19 ated with the Attorney General’s determination required

20 by the preceding sentence.’’.

21 SEC. 1104. MECHANISMS TO IDENTIFY PERSONS IN VIOLA22 TION OF CERTAIN PROVISIONS OF LAW.

23 Section 38(g)(1)(A) (22 U.S.C. 2778(g)(1)(A)) is

24 amended—

25 (1) in clause (iii)—


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1 (A) by striking ‘‘or section 2339A’’ and in2 serting ‘‘, section 2339A’’; and

3 (B) by inserting at the end before the

4 comma the following: ‘‘, or section 2339C of

5 such title (relating to financing terrorism)’’;

6 (2) in clause (x), by striking ‘‘or’’ at the end;

7 (3) in clause (xi), by striking the semicolon at

8 the end and inserting a comma; and

9 (4) by adding at the end the following:

10 ‘‘(xii) subclause (I) or (II) of section

11 1956(c)(7)(B)(v) of title 18, United States

12 Code;

13 ‘‘(xiii) section 329 of the Uniting and

14 Strengthening America by Providing Appro15 priate Tools Required to Intercept and Obstruct

16 Terrorism (USA PATRIOT ACT) Act of 2001;

17 ‘‘(xiv) section 5332 of title 31, United

18 States Code;

19 ‘‘(xv) section 1960 of title 18, United

20 States Code;

21 ‘‘(xvi) section 175(b), 175b, 1993, 2339 of

22 title 18, United States Code;

23 ‘‘(xvii) section 2332a, 2332b, or 2332f of

24 title 18, United States Code; or


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1 ‘‘(xviii) section 175 of title 18, United

2 States Code;’’.

3 SEC. 1105. COMPREHENSIVE NATURE OF UNITED STATES

4 ARMS EMBARGOES.

5 (a) FINDINGS; SENSE OF CONGRESS.—

6 (1) FINDINGS.—Congress finds that—

7 (A) governments to which the United

8 States Government prohibits by law or policy

9 the transfer of implements of war, including

10 material, components, parts, and other defense

11 articles and defense services (as defined in

12 paragraphs (3) and (4) of section 47 of the

13 Arms Export Control Act, respectively) continue

14 to seek to evade these embargoes through in15 creasingly sophisticated illegal acquisitions via

16 the ‘‘international gray arms market’’ and by

17 seeking to exploit weaknesses in the export con18 trol system of the United States and its friends

19 and allies; and

20 (B) the strict and comprehensive applica21 tion of arms embargoes referred to in subpara22 graph (A) including those embargoes estab23 lished by the United Nations Security Council

24 is of fundamental importance to the security


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1 and foreign policy interests of the United

2 States.

3 (2) SENSE OF CONGRESS.—It is the sense of

4 Congress that the United States Government should

5 continue to provide a leadership role internationally

6 in ensuring the effectiveness of arms embargoes re7 ferred to in paragraph (1).

8 (b) SCOPE OF EMBARGOES.—Section 38 (22 U.S.C.

9 2778) is amended by adding at the end the following:

10 ‘‘(k) Whenever the United States maintains an arms

11 embargo pursuant to United States law, or through public

12 notice by the President or Secretary of State pursuant to

13 the authorities of this Act, no defense article or defense

14 service subject to sections 120–130 of title 22, Code of

15 Federal Regulations (commonly known as the ‘Inter16 national Traffic in Arms Regulations’) and no dual use

17 good or technology subject to sections 730–774 of title 15,

18 Code of Federal Regulations (commonly known as the ‘Ex19 port Administration Regulations’) shall be sold or trans20 ferred to the military, police, or intelligence services of the

21 embargoed government, including any associated govern22 mental agency, subdivision, entity, or other person acting

23 on their behalf, unless, at a minimum and without preju24 dice to any additional requirements established in United

25 States law or regulation, the Secretary of State and the


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1 Secretary of Defense have concurred in the sale or trans2 fer through issuance of a license.’’.

3 (c) ESTABLISHMENT OF CONTROLS.—The Secretary

4 shall consult with the Secretary of Commerce to ensure

5 the establishment of appropriate foreign policy and na6 tional security controls and license requirements under the

7 Export Administration Regulations in order to ensure the

8 effective implementation of section 38(k) of the Arms Ex9 port Control Act, as added by subsection (b).

10 (d) REPORT.—Not later than 120 days after the date

11 of the enactment of this Act, the Secretary shall submit

12 to the appropriate congressional committees a report that

13 describes the actions taken to implement the requirements

14 of subsection (c).

15 SEC. 1106. TRANSACTIONS WITH COUNTRIES SUPPORTING

16 ACTS OF INTERNATIONAL TERRORISM.

17 Section 40(l)(1) (22 U.S.C. 2780(l)(1)) is amended

18 by striking ‘‘any item enumerated on the United States

19 Munitions List’’ and inserting ‘‘a defense article or de20 fense service (as defined in subparagraph (A) or (B) of

21 section 47(7), respectively), an item enumerated on the

22 United States Munitions List (as designated by the Presi23 dent pursuant to section 38(a)), or any other activity for

24 which a license or other approval is required pursuant to

25 the regulations promulgated under subsection (a)(1)’’.


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1 SEC. 1107. AMENDMENTS TO CONTROL OF ARMS EXPORTS

2 AND IMPORTS.

3 (a) REVISION OF STANDARD FOR VIOLATION;

4 AMOUNT OF PENALTIES.—Section 38(c) (22 U.S.C.

5 2778(c)) is amended—

6 (1) by striking ‘‘willfully’’ each place it appears

7 and inserting ‘‘knowingly’’;

8 (2) by striking ‘‘this section or section 39’’ and

9 inserting ‘‘this section, section 39, or section 40’’;

10 and

11 (3) by striking ‘‘$1,000,000’’ and inserting

12 ‘‘$1,000,000 (in the case of a violation of this sec13 tion or section 39), $2,000,000 (in the case of a vio14 lation involving any country covered by section 40),

15 and $1,500,000 (in the case of a violation involving

16 any country other than a country covered by section

17 40 that is subject by United States law or policy to

18 an arms embargo)’’.

19 (b) CIVIL PENALTIES.—Section 38(e) (22 U.S.C.

20 2778(e)) is amended in the third sentence by striking

21 ‘‘under this section may not exceed $500,000’’ and insert22 ing ‘‘or any other activities subject to control under this

23 section, section 39, or section 40, may not exceed

24 $500,000 for each violation of section 38 or section 39,

25 $1,000,000 for each violation involving any country cov26 ered by section 40, and $750,000 for each violation relatVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00172 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 ing to an arms embargo (other than a violation covered

2 by section 40)’’.

3 (c) REVISION OF STANDARD FOR VIOLATION; CRIMI4 NAL PENALTY; CIVIL PENALTIES; ENFORCEMENT.—Sec5 tion 40 (22 U.S.C. 2780) is amended—

6 (1) in subsection (j)—

7 (A) by striking ‘‘willfully’’ and inserting

8 ‘‘knowingly’’; and

9 (B) by striking ‘‘$1,000,000’’ and insert10 ing ‘‘$2,000,000’’; and

11 (2) in subsection (k), by striking ‘‘$500,000’’

12 and inserting ‘‘$1,000,000’’.

13 (d) DEFINITIONS.—Section 47(7) (22 U.S.C.

14 2794(7)) is amended to read as follows:

15 ‘‘(7)(A) ‘defense articles’, with respect to ex16 ports subject to sections 38, 39, and 40 of this Act,

17 has the meaning given such term in sections 120–

18 130 of title 22, Code of Federal Regulations (com19 monly known as the ‘International Traffic in Arms

20 Regulations’), as such regulations were in effect on

21 January 1, 2003, and includes such additional arti22 cles as may be designated by the President under

23 section 38(a)(1); and

24 ‘‘(B) ‘defense services’, with respect to exports

25 subject to sections 38, 39, and 40 of this Act, has


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1 the meaning given such term in sections 120–130 of

2 title 22, Code of Federal Regulations (commonly

3 known as the ‘International Traffic in Arms Regula4 tions’), as such regulations were in effect on Janu5 ary 1, 2003, and includes—

6 ‘‘(i) the provision of assistance (including

7 aiding, abetting, or training) to foreign persons;

8 and

9 ‘‘(ii) such other activities as may be des10 ignated by the President pursuant to section

11 38(a)(1).’’.

12 SEC. 1108. HIGH RISK EXPORTS AND END USE

13 VERIFICATION.

14 Section 38(g)(7) (22 U.S.C. 2778) is amended by

15 adding at the end the following new sentence: ‘‘Such

16 standards shall be coordinated biennially with the Sec17 retary of Homeland Security, the Attorney General, the

18 Director of the Federal Bureau of Investigation, the Di19 rector of Central Intelligence, and the heads of other Fed20 eral departments or agencies, as appropriate.’’.

21 SEC. 1109. CONCURRENT JURISDICTION OF THE FEDERAL

22 BUREAU OF INVESTIGATION.

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that, in view of the responsibilities of the Federal

25 Bureau of Investigation for protecting the United States


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1 against terrorist attack, foreign intelligence operations,

2 high technology crimes, and transnational criminal organi3 zations and enterprises, the Federal Bureau of Investiga4 tion should be provided authority to investigate and en5 force violations of the Arms Export Control Act without

6 adversely affecting the existing authority of the Bureau

7 of Customs and Border Protection of the Department of

8 Homeland Security.

9 (b) COPY OF REGISTRATION.—Section 38(b)(1) (22

10 U.S.C. 2778(b)) is amended—

11 (1) by redesignating the second subparagraph

12 (B) as subparagraph (C); and

13 (2) in subparagraph (B)—

14 (A) in the first sentence, by inserting ‘‘and

15 the Director of the Federal Bureau of Inves16 tigation’’ after ‘‘Secretary of Treasury’’; and

17 (B) in the second sentence, by inserting

18 ‘‘and the Director’’ after ‘‘The Secretary’’.

19 (c) JURISDICTION OF FBI AND BUREAU OF CUS20 TOMS.—Section 38(e) (22 U.S.C. 2778(e)) is amended in

21 the first sentence by adding at the end before the period

22 the following: ‘‘, and except further, that the Federal Bu23 reau of Investigation and the Bureau of Customs and Bor24 der Protection of the Department of Homeland Security


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1 shall have concurrent jurisdiction for criminal violations

2 and enforcement of this Act’’.

3 (d) MECHANISMS TO IDENTIFY PERSONS IN VIOLA4 TION OF CERTAIN PROVISIONS OF LAW.—Section 38(g)

5 (22 U.S.C. 2778(g)) is amended in the second sentence

6 of paragraph (3), in paragraph (4), and in paragraph (8)

7 by inserting ‘‘and the Director of the Federal Bureau of

8 Investigation’’ after ‘‘Secretary of Treasury’’.

9 SEC. 1110. REPORT ON FOREIGN-SUPPLIED DEFENSE ARTI10 CLES, DEFENSE SERVICES, AND DUAL USE

11 GOODS AND TECHNOLOGY DISCOVERED IN

12 IRAQ.

13 (a) REPORT.—

14 (1) IN GENERAL.—Not later than 180 days

15 after the date of the enactment of this Act, and on

16 annual basis thereafter as appropriate, the President

17 shall prepare and transmit to the congressional com18 mittees specified in paragraph (2) a written report

19 on foreign-supplied defense articles, defense services,

20 and dual use goods and technology supplied to Iraq

21 since the adoption of United Nations Security Coun22 cil Resolution 687 (April 3, 1991) and discovered in

23 Iraq since the inception of Operation Iraqi Freedom

24 or identified as having been in Iraq at any time

25 since April 3, 1991, and not destroyed or otherwise


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1 accounted for by the United Nations Special Com2 mission (UNSCOM) or the United Nations Moni3 toring, Verification and Inspection Commission

4 (UNMOVIC).

5 (2) CONGRESSIONAL COMMITTEES SPECI6 FIED.—The congressional committees referred to in

7 paragraph (1) are—

8 (A) the Committee on International Rela9 tions and the Committee on Armed Services of

10 the House of Representatives; and

11 (B) the Committee on Foreign Relations

12 and the Committee on Armed Services of the

13 Senate.

14 (b) CONTENTS.—The report required by subsection

15 (a) shall include information on defense articles, defense

16 services, and dual use goods and technology discovered in

17 accordance with such subsection, including a description

18 of such articles, services, and goods and technology by cat19 egory or type, quantity, country of origin (if known), man20 ufacturer (if known), date of acquisition (if known), and,

21 in the case of dual use goods and technology, the use or

22 intended use or deployment (if known) and whether the

23 goods or technology are covered by any arms control

24 agreement or nonproliferation arrangement to which the

25 United States is a party.


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1 (c) FORM.—The report required by subsection (a)

2 shall be transmitted in unclassified form to the maximum

3 extent practicable, but may contain a classified annex if

4 necessary.

5 TITLE XII—STRENGTHENING

6 MUNITIONS EXPORT CONTROLS

7 SEC. 1201. CONTROL OF ITEMS ON MISSILE TECHNOLOGY

8 CONTROL REGIME ANNEX.

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that all proposals to export or transfer to foreign

11 persons by other means, whether in the United States or

12 abroad, and any other activities subject to regulation

13 under section 38, 39, or 40 of the Arms Export Control

14 Act, relating to items on the Missile Technology Control

15 Regime Annex, should be accorded stringent control and

16 scrutiny consistent with the purposes of section 71 of the

17 Arms Export Control Act (22 U.S.C. 2797).

18 (b) CONTROL OF ITEMS ON MTCR ANNEX.—The

19 Secretary, in coordination with the Secretary of Com20 merce, the Attorney General, and the Secretary of De21 fense, shall ensure that all items on the MTCR Annex are

22 subject to stringent control by the United States Govern23 ment pursuant to the International Traffic in Arms Regu24 lations and the Export Administration Regulations.


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1 (c) CERTIFICATION.—Not later than March 1 of each

2 year, the Secretary, in coordination with the Secretary of

3 Commerce, the Attorney General and the Secretary of De4 fense, shall prepare and submit to the appropriate con5 gressional committees a report that contains—

6 (1) a certification that the requirement of sub7 section (b) has been met for the prior year, or if the

8 requirement has not been met, the reasons therefor;

9 and

10 (2) a description of the updated coverage, if

11 any, of the regulations referred to in subsection (b)

12 with respect to all items on the MTCR Annex and

13 an explanation of any areas of overlap or omissions,

14 if any, among the regulations.

15 SEC. 1202. CERTIFICATIONS RELATING TO EXPORT OF CER16 TAIN DEFENSE ARTICLES AND SERVICES.

17 Section 36(c) (22 U.S.C. 2776(c)) is amended—

18 (1) in the first sentence of paragraph (1), by

19 inserting after ‘‘$1,000,000 or more’’ the following:

20 ‘‘, or, notwithstanding section 27(g) of this Act, for

21 any special comprehensive authorization under sec22 tions 120–130 of title 22, Code of Federal Regula23 tions (commonly known as the ‘International Traffic

24 in Arms Regulations’) for the export of defense artiVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00179 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 cles or defense services in an aggregate amount of

2 $100,000,000 or more’’;

3 (2) in paragraph (2)—

4 (A) by striking subparagraph (B); and

5 (B) by redesignating subparagraph (C) as

6 subparagraph (B); and

7 (3) in the matter preceding subparagraph (A)

8 of paragraph (5), by inserting ‘‘or paragraph (2)’’

9 after ‘‘paragraph (1)’’.

10 SEC. 1203. NOTIFICATION REQUIREMENTS FOR TECHNICAL

11 ASSISTANCE AND MANUFACTURING LICENS12 ING AGREEMENTS WITH NATO MEMBER

13 COUNTRIES, AUSTRALIA, NEW ZEALAND, AND

14 JAPAN.

15 Section 36(d) (22 U.S.C. 2776(d)) is amended by

16 adding at the end the following:

17 ‘‘(6) In the case of a commercial technical assistance

18 or manufacturing license agreement with a member coun19 try of the North Atlantic Treaty Organization (NATO)

20 or Australia, Japan, or New Zealand that does not author21 ize a new sales territory that includes any country other

22 than such countries, the requirements contained in para23 graphs (2) and (4) shall apply only if—

24 ‘‘(A) the agreement involves—


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1 ‘‘(i) major defense equipment in the

2 amount of $7,000,000 or more; or

3 ‘‘(ii) significant military equipment in the

4 amount of $25,000,000 or more; and

5 ‘‘(B) the amount referred to in clause (i) or (ii)

6 of subparagraph (A), as the case may be, includes

7 the estimated value of all defense articles and de8 fense services to be manufactured or transferred

9 throughout the duration of the approval period.’’.

10 SEC. 1204. STRENGTHENING DEFENSE COOPERATION WITH

11 AUSTRALIA AND THE UNITED KINGDOM.

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that the expeditious consideration of munitions li14 cense applications that meet the policy and eligibility cri15 teria established in section 38 of the Arms Export Control

16 Act (22 U.S.C. 2778) for export or transfer of defense

17 items (as such term is defined in subsection (j)(4)(A) of

18 such section) to Australia and the United Kingdom is fully

19 consistent with United States security and foreign policy

20 interests and the objectives of world peace and security.

21 (b) ESTABLISHMENT OF FAST TRACK MUNITIONS

22 LICENSING FOR AUSTRALIA AND THE UNITED KING23 DOM.—Section 38(f) (22 U.S.C. 2778(f)) is amended by

24 adding at the end the following:


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1 ‘‘(4) In the absence of a binding bilateral agreement

2 with the Government of Australia or the Government of

3 the United Kingdom (as the case may be) that meets the

4 requirements of paragraph (2) and subsection (j), the Sec5 retary of State shall ensure that any application submitted

6 under this section for the export of defense items to Aus7 tralia or the United Kingdom (as the case may be) that

8 meets all other requirements of this section (including re9 quirements relating to eligibility of parties to the trans10 action, the absence of risk of diversion to unauthorized

11 end use and end users, and preservation of United States

12 intelligence and law enforcement interests), and which are

13 also transactions involving defense items that would be ex14 empt pursuant to sections 120–130 of title 22, Code of

15 Federal Regulations (commonly known as the ‘Inter16 national Traffic in Arms Regulations’) from export licens17 ing or other written approvals if such items were items

18 to be exported to Canada, are processed by the Depart19 ment of State not later than ten days after the date of

20 receipt of the application without referral to any other

21 Federal department or agency, except on an extraordinary

22 basis upon receipt of a written request from the Attorney

23 General, the Secretary of Homeland Security, the Director

24 of Central Intelligence, or the Secretary of Defense.’’.


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1 SEC. 1205. TRAINING AND LIAISON FOR SMALL BUSI2 NESSES.

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that it is increasingly important that the Secretary,

5 in administering the licensing, registration, compliance,

6 and other authorities contained in section 38 of the Arms

7 Export Control Act (22 U.S.C. 2778), should provide up8 to-date training and other educational assistance to small

9 businesses in the United States aerospace and defense in10 dustrial sector.

11 (b) SMALL BUSINESS LIAISON.—Not later than 180

12 days after the date of the enactment of this Act, the Sec13 retary shall designate, within the Office of Defense Trade

14 Controls of the Department of State, a coordinator for

15 small business affairs. The coordinator shall serve as a

16 liaison for small businesses in the United States aerospace

17 and defense industrial sector with respect to licensing and

18 registration requirements in order to facilitate the compli19 ance and other forms of participation by such small busi20 nesses in the United States munitions control system, in21 cluding by providing training, technical assistance, and

22 through other efforts as may be appropriate.


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1 SEC. 1206. STUDY AND REPORT RELATING TO CO-LOCATING

2 MUNITIONS CONTROL FUNCTIONS OF THE

3 DEPARTMENTS OF STATE, DEFENSE, AND

4 HOMELAND SECURITY.

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that the administrative, licensing, and compliance7 related functions associated with the export of defense ar8 ticles and defense services under section 38 of the Arms

9 Export Control Act (22 U.S.C. 2778), which are generally

10 administered by the Department of State in conjunction

11 with the Department of Homeland Security and the De12 partment of Defense, should be expedited consistent with

13 United States security, law enforcement, and foreign pol14 icy requirements by a reduction in the those matters ne15 cessitating inter-agency referral outside of the Depart16 ment of State, or by co-locating related functions of the

17 Department of Homeland Security and the Department

18 of Defense with those functions of the Department of

19 State in order to minimize the time and administrative

20 tasks to government and industry involved in inter-agency

21 referrals, while also providing a convenient, central loca22 tion for United States defense companies, especially small

23 businesses.

24 (b) STUDY AND REPORT.—

25 (1) STUDY.—The Secretary, in consultation

26 with the Secretary of Homeland Security and the


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1 Secretary of Defense, and through the Federal advi2 sory committee structure with the public, shall con3 duct a study to examine the relative advantages and

4 disadvantages to the United States Government, the

5 United States defense industry, including United

6 States small businesses, and to other public constitu7 encies of co-locating relevant functions and per8 sonnel of the Department of State, the Department

9 of Homeland Security, and the Department of De10 fense with the Office of Defense Trade Controls of

11 the Department of State at a central location con12 venient to the public and United States defense in13 dustry, without prejudice to the responsibilities and

14 prerogatives of the Secretary, the Secretary of

15 Homeland Security, and the Secretary of Defense

16 under existing law.

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

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

19 shall prepare and submit to the appropriate congres20 sional committees a report that contains the results

21 of study conducted under paragraph (1).


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1 TITLE XIII—SECURITY ASSIST2 ANCE AND RELATED PROVI3 SIONS

4 Subtitle A—Foreign Military Sales

5 and Financing Authorities

6 SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated to the Presi8 dent for grant assistance under section 23 of the Arms

9 Export Control Act (22 U.S.C. 2763) and for the subsidy

10 cost, as defined in section 502(5) of the Federal Credit

11 Reform Act of 1990, of direct loans under such section

12 $4,414,000,000 for fiscal year 2004.

13 SEC. 1302. PROVISION OF CATALOGING DATA AND SERV14 ICES.

15 Section 21(h)(2) (22 U.S.C. 2761(h)(2)) is amended

16 by striking ‘‘or to any member government of that Organi17 zation if that Organization or member government’’ and

18 inserting ‘‘, to any member of that Organization, or to

19 the Governments of Australia, New Zealand, or Japan if

20 that Organization, member government, or the Govern21 ments of Australia, New Zealand, or Japan’’.

22 SEC. 1303. ANNUAL ESTIMATE AND JUSTIFICATION FOR

23 SALES PROGRAM.

24 Section 25(a)(1) (22 U.S.C. 2765(a)(1)) is amended

25 by inserting after ‘‘$7,000,000 or more’’ the following


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1 ‘‘(or, in the case of a member country of the North Atlan2 tic Treaty Organization (NATO), Australia, New Zealand,

3 or Japan, $25,000,000 or more)’’.

4 SEC. 1304. ADJUSTMENT TO ADVANCE NOTIFICATION RE5 QUIREMENT FOR TRANSFER OF CERTAIN EX6 CESS DEFENSE ARTICLES.

7 Section 516(f)(1) of the Foreign Assistance Act of

8 1961 (22 U.S.C. 2321i) is amended by striking ‘‘signifi9 cant military equipment (as defined in section 47(9) of

10 the Arms Export Control Act)’’ and inserting ‘‘major de11 fense equipment (as defined in section 47(6) of the Arms

12 Export Control Act)’’.

13 Subtitle B—International Military

14 Education and Training

15 SEC. 1311. AUTHORIZATION OF APPROPRIATIONS.

16 There are authorized to be appropriated to the Presi17 dent $91,700,000 for fiscal year 2004 to carry out chapter

18 5 of part II of the Foreign Assistance Act of 1961 (22

19 U.S.C. 2347 et seq.).

20 SEC. 1312. ANNUAL FOREIGN MILITARY TRAINING REPORT21 ING.

22 Section 656(a)(1) of the Foreign Assistance Act of

23 1961 (22 U.S.C. 2416(a)(1)) is amended—

24 (1) by striking ‘‘January 31’’ and inserting

25 ‘‘March 1’’; and


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1 (2) by striking ‘‘and all such training proposed

2 for the current fiscal year’’.

3 Subtitle C—Assistance for Select

4 Countries

5 SEC. 1321. ASSISTANCE FOR ISRAEL.

6 Section 513 of the Security Assistance Act of 2000

7 (Public Law 106–280) is amended—

8 (1) in subsection (b)(1), by striking ‘‘2002 and

9 2003’’ and inserting ‘‘2003 through 2005’’;

10 (2) in subsection (c)(1), by striking ‘‘2002 and

11 2003’’ and inserting ‘‘2003 through 2005’’;

12 (3) in subsection (c)(3)—

13 (A) by striking ‘‘fiscal years 2002 and

14 2003’’ and inserting ‘‘fiscal years 2004 and

15 2005’’;

16 (B) by striking ‘‘fiscal year 2002’’ and in17 serting ‘‘fiscal year 2004’’; and

18 (C) by striking ‘‘fiscal year 2003, or’’ and

19 inserting ‘‘fiscal year 2005, or’’; and

20 (4) in subsection (c)(4)—

21 (A) by striking ‘‘2002 and 2003’’ and in22 serting ‘‘2003 through 2005’’; and

23 (B) by striking ‘‘$535,000,000 for fiscal

24 year 2002’’ and all that follows through ‘‘fiscal

25 year 2003’’ and inserting ‘‘$550,000,000 for


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1 fiscal year 2003, not less than $565,000,000

2 for fiscal year 2004, and not less than

3 $580,000,000 for fiscal year 2005’’.

4 SEC. 1322. ASSISTANCE FOR EGYPT.

5 Section 514 of the Security Assistance Act of 2000

6 (Public Law 106–280) is amended—

7 (1) by striking ‘‘2002 and 2003’’ each place it

8 appears and inserting ‘‘2003 through 2005’’; and

9 (2) in subsection (e)—

10 (A) by striking ‘‘fiscal years 2002 and

11 2003’’ and inserting ‘‘fiscal years 2004 and

12 2005’’;

13 (B) by striking ‘‘fiscal year 2002’’ and in14 serting ‘‘fiscal year 2004’’; and

15 (C) by striking ‘‘fiscal year 2003, or’’ and

16 inserting ‘‘fiscal year 2005, or’’.

17 Subtitle D—International Narcotics

18 Control Assistance

19 SEC. 1331. ADDITIONAL AUTHORITIES RELATING TO INTER20 NATIONAL NARCOTICS CONTROL ASSIST21 ANCE.

22 Notwithstanding any other provision of law, assist23 ance provided by the United States Government to sup24 port international efforts to combat aerial trafficking of

25 illicit narcotics under chapter 8 of part I of the Foreign


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1 Assistance Act of 1961 or under any other provision of

2 law shall include the authority to interdict illicit arms in

3 connection with the trafficking of illicit narcotics.

4 SEC. 1332. UNITED STATES OPIUM ERADICATION PROGRAM

5 IN COLOMBIA.

6 Not later than 180 days after the date of the enact7 ment of this Act, the Secretary of State, acting through

8 the Department of State’s Narcotics Affairs Section

9 (NAS) in Bogota, Colombia, shall ensure that all pilots

10 participating in the United States opium eradication pro11 gram in Colombia are Colombians and are fully trained,

12 qualified, and experienced pilots, with preference provided

13 to individuals who are members of the Colombian National

14 Police.

15 Subtitle E—Miscellaneous

16 Provisions

17 SEC. 1341. UNITED STATES WAR RESERVE STOCKPILES FOR

18 ALLIES.

19 Section 514(b)(2) of the Foreign Assistance Act of

20 1961 (22 U.S.C. 2321h(b)(2)) is amended—

21 (1) in subparagraph (A), by striking ‘‘for fiscal

22 year 2003’’ and inserting ‘‘for each of fiscal years

23 2003 and 2004’’; and


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1 (2) in subparagraph (B), by striking ‘‘for fiscal

2 year 2003’’ and inserting ‘‘for each of fiscal years

3 2003 and 2004’’.

4 SEC. 1342. TRANSFER TO ISRAEL OF CERTAIN DEFENSE AR5 TICLES IN THE UNITED STATES WAR RE6 SERVE STOCKPILES FOR ALLIES.

7 (a) AUTHORIZATION.—Notwithstanding section 514

8 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h),

9 the President is authorized to transfer to Israel, in return

10 for concessions to be negotiated by the Secretary of De11 fense, with the concurrence of the Secretary, defense arti12 cles, including armor, artillery, ammunition for automatic

13 weapons, missiles, and other munitions that are—

14 (1) obsolete or surplus items;

15 (2) in the inventory of the Department of De16 fense;

17 (3) intended for use as reserve stocks in Israel;

18 and

19 (4) are located in a stockpile in Israel as of the

20 date of enactment of this Act.

21 (b) CONCESSIONS.—The value of concessions nego22 tiated pursuant to subsection (a) shall be at least equal

23 to the fair market value of the items transferred. The con24 cessions may include cash compensation, services, waiver


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1 of charges otherwise payable by the United States, and

2 other items of value.

3 (c) ADVANCE NOTIFICATION OF TRANSFER.—

4 (1) IN GENERAL.—Not less than 30 days before

5 making a transfer under the authority of this sec6 tion, the President shall transmit a notification de7 scribing the items to be transferred to Israel and the

8 concessions to be received by the United States to

9 the congressional committees specified in paragraph

10 (2).

11 (2) CONGRESSIONAL COMMITTEES SPECI12 FIED.—The congressional committees referred to in

13 paragraph (1) are—

14 (A) the Committee on International Rela15 tions and the Committee on Armed Services of

16 the House of Representatives; and

17 (B) the Committee on Foreign Relations

18 and the Committee on Armed Services of the

19 Senate.

20 (d) EXPIRATION OF AUTHORITY.—No transfer may

21 be made under the authority of this section following the

22 expiration of the five-year period beginning on the date

23 of enactment of this Act.


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1 SEC. 1343. EXPANSION OF AUTHORITIES FOR LOAN OF MA2 TERIAL, SUPPLIES, AND EQUIPMENT FOR RE3 SEARCH AND DEVELOPMENT PURPOSES.

4 Section 65 (22 U.S.C. 2796d) is amended—

5 (1) in subsection (a)(1), by inserting ‘‘or a

6 friendly foreign country’’ after ‘‘ally’’ each place

7 such term appears; and

8 (2) in subsection (d) to read as follows:

9 ‘‘(d) For purposes of this section—

10 ‘‘(1) the term ‘NATO ally’ means a member

11 country of the North Atlantic Treaty Organization

12 (other than the United States); and

13 ‘‘(2) the term ‘friendly foreign country’ means

14 any non-NATO member country determined by the

15 President to be eligible for a cooperative project

16 agreement with the United States pursuant to sec17 tion 27(j) of this Act.’’.

18 SEC. 1344. ASSISTANCE FOR DEMINING AND RELATED AC19 TIVITIES.

20 (a) ASSISTANCE.—The Secretary is authorized to

21 provide grants to, or enter into contracts or cooperative

22 agreements with, public-private partnerships for the pur23 pose of establishing and carrying out demining, clearance

24 of unexploded ordnance, and related activities in foreign

25 countries.


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1 (b) LIMITATION.—Except as otherwise provided, the

2 total amount provided on a grant basis to public-private

3 partnerships under subsection (a) for a fiscal year may

4 not exceed $450,000.

5 (c) FUNDING.—Amounts made available to carry out

6 ‘‘Nonproliferation, Anti-Terrorism, Demining, and Re7 lated Programs’’ for fiscal year 2004 are authorized to

8 be made available to carry out this section.

9 SEC. 1345. COOPERATIVE DEVELOPMENT PROGRAM.

10 Of the amounts made available for development as11 sistance under the Foreign Assistance Act of 1961, not

12 less than $2,000,000 for each of the fiscal years 2004 and

13 2005 are authorized to be made available to finance

14 projects among the United States, Israel, and developing

15 countries in Africa under the Cooperative Development

16 Program.

17 SEC. 1346. WEST BANK AND GAZA PROGRAM.

18 (a) OVERSIGHT.—For fiscal year 2004, the Secretary

19 of State shall certify to the appropriate committees of

20 Congress not later than 30 days prior to the initial obliga21 tion of funds for the West Bank and Gaza that procedures

22 have been established to assure the Comptroller General

23 will have access to appropriate United States financial in24 formation in order to review the use of United States as25 sistance for the West Bank and Gaza funded under chapVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00194 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 ter 4 of part II of the Foreign Assistance Act of 1961

2 (‘‘Economic Support Fund’’).

3 (b) VETTING.—Prior to any obligation of funds au4 thorized to be appropriated to carry out chapter 4 of part

5 II of the Foreign Assistance Act of 1961 for assistance

6 for the West Bank and Gaza, the Secretary of State shall

7 take all appropriate steps to ensure that such assistance

8 is not provided to or through any individual or entity that

9 the Secretary knows, or has reason to believe, advocates,

10 plans, sponsors, engages in, or has engaged in, terrorist

11 activity. The Secretary of State shall, as appropriate, es12 tablish procedures specifying the steps to be taken in car13 rying out this subsection.

14 (c) AUDITS.—

15 (1) IN GENERAL.—The Administrator of the

16 United States Agency for International Development

17 shall ensure that independent audits of all contrac18 tors and grantees, and significant subcontractors

19 and subgrantees, under the West Bank and Gaza

20 Program, are conducted at least on an annual basis

21 to ensure, among other things, compliance with this

22 section.

23 (2) AUDITS BY INSPECTOR GENERAL OF

24 USAID.—Of the funds authorized to be appropriated

25 by this Act to carry out chapter 4 of part II of the


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1 Foreign Assistance Act of 1961 that are made avail2 able for assistance for the West Bank and Gaza, up

3 to $1,000,000 may be used by the Office of the In4 spector General of the United States Agency for

5 International Development for audits, inspections,

6 and other activities in furtherance of the require7 ments of paragraph (1). Such funds are in addition

8 to funds otherwise available for such purposes.

9 SEC. 1347. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON

10 INCITEMENT TO ACTS OF DISCRIMINATION.

11 (a) COUNTRIES RECEIVING ECONOMIC ASSIST12 ANCE.—Section 116(d) of the Foreign Assistance Act of

13 1961 (22 U.S.C. 2151n(d)) is amended—

14 (1) in paragraph (9), by striking ‘‘and’’ at the

15 end;

16 (2) in paragraph (10), by striking the period at

17 the end and inserting ‘‘; and’’; and

18 (3) by adding at the end the following:

19 ‘‘(11)(A) wherever applicable, in a separate sec20 tion with a separate heading, a description of the

21 nature and extent of—

22 ‘‘(i) propaganda in government and gov23 ernment-controlled media and other sources, in24 cluding government-produced educational mate25 rials and textbooks, that attempt to justify or


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1 promote racial hatred or incite acts of violence

2 against any race or people; and

3 ‘‘(ii) complicity or involvement in the cre4 ation of such propaganda or incitement of acts

5 of violence against any race; and

6 ‘‘(B) a description of the actions, if any, taken

7 by the government of the country to eliminate such

8 propaganda or incitement.’’.

9 (b) COUNTRIES RECEIVING SECURITY ASSIST10 ANCE.—Section 502B(b) of the Foreign Assistance Act of

11 1961 (22 U.S.C. 2304(b)) is amended by inserting after

12 the eighth sentence the following: ‘‘Each report under this

13 section shall also include wherever applicable, in a sepa14 rate section with a separate heading, a description of (i)

15 the nature and extent of (I) propaganda in government

16 and government-controlled media and other sources, in17 cluding government-produced educational materials and

18 textbooks, that attempt to justify or promote racial hatred

19 or incite acts of violence against any race, and (II) com20 plicity or involvement in the creation of such propaganda

21 or incitement of acts of violence against any race or peo22 ple, and (ii) a description of the actions, if any, taken by

23 the government of the country to eliminate such propa24 ganda or incitement.’’.


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1 SEC. 1348. ASSISTANCE TO EAST TIMOR.

2 Section 632(b)(1) of the Foreign Relations Author3 ization Act, Fiscal Year 2003 (Public Law 107–277) is

4 amended by striking ‘‘the fiscal year 2003’’ and inserting

5 ‘‘each of the fiscal years 2003, 2004, and 2005’’.

6 SEC. 1349. SUPPORT FOR DEMOCRACY-BUILDING EFFORTS

7 FOR CUBA.

8 (a) STATEMENT OF POLICY.—It is the policy of the

9 United States to support those individuals and groups who

10 struggle for freedom and democracy in Cuba, including

11 human rights dissidents, independent journalists, inde12 pendent labor leaders, and other opposition groups.

13 (b) AUTHORIZATION OF APPROPRIATIONS.—

14 (1) IN GENERAL.—There are authorized to be

15 appropriated to the President to carry out section

16 109(a) of Public Law 104–114 (22 U.S.C. 6039(a))

17 $15,000,000 for each of the fiscal years 2004 and

18 2005.

19 (2) ADDITIONAL AUTHORITIES.—Amounts ap20 propriated pursuant to the authorization of appro21 priations under subsection (a)—

22 (A) are authorized to remain available

23 until expended; and

24 (B) are in addition to amounts otherwise

25 available for such purposes.


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1 SEC. 1350. AMENDMENT TO THE AFGHANISTAN FREEDOM

2 SUPPORT ACT OF 2002.

3 The Afghanistan Freedom Support Act of 2002 (22

4 U.S.C. 7501 et seq.) is amended—

5 (1) in section 103(a) by striking ‘‘section 512

6 of Public Law 107–115 or any similar’’ and insert7 ing ‘‘any other’’; and

8 (1) in section 207(b) by striking ‘‘section 512

9 of Public Law 107–115 or any similar’’ and insert10 ing ‘‘any other’’.

11 SEC. 1351. CONGO BASIN FOREST PARTNERSHIP.

12 (a) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to the President to carry

14 out the Congo Basin Forest Partnership (CBFP) program

15 $18,600,000 for each of the fiscal years 2004 and 2005.

16 Of the amounts appropriated pursuant to the authoriza17 tion of appropriations under the preceding sentence for

18 a fiscal year, $16,000,000 is authorized to be made avail19 able to the Central Africa Regional Program for the Envi20 ronment (CARPE) of the United States Agency for Inter21 national Development.

22 (b) AVAILABILITY.—Amounts appropriated pursuant

23 to the authorization of appropriations under subsection (a)

24 are authorized to remain available until expended.


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1 SEC. 1352. COMBATTING THE PIRACY OF UNITED STATES

2 COPYRIGHTED MATERIALS.

3 In addition to such amounts as may otherwise be au4 thorized to be appropriated for such purpose, there are

5 authorized to be appropriated for the Department of

6 State, $10,000,000 to carry out the following activities in

7 countries that are not members of the Organization for

8 Economic Cooperation and Development (OECD):

9 (1) Provision of equipment and training for for10 eign law enforcement officials.

11 (2) Training for judges and prosecutors.

12 (3) Assistance in complying with obligations

13 under appropriate international copyright and intel14 lectual property treaties and agreements.

15 SEC. 1353. REPORTS RELATING TO TREATY BETWEEN THE

16 UNITED STATES AND THE RUSSIAN FEDERA17 TION ON STRATEGIC OFFENSIVE REDUC18 TIONS.

19 The President shall submit to the Committee on

20 International Relations of the House of Representatives

21 all reports submitted to the Committee on Foreign Rela22 tions pursuant to section 2 of the Senate Resolution of

23 Ratification to Accompany Treaty Document 107–8,

24 Treaty Between the United States of America and the

25 Russian Federation on Strategic Offensive Reductions.


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1 SEC. 1354. STATEMENT OF HOUSE OF REPRESENTATIVES

2 REGARDING THE TREATY BETWEEN THE

3 UNITED STATES AND THE RUSSIAN FEDERA4 TION ON STRATEGIC OFFENSIVE REDUC5 TIONS.

6 The House of Representatives—

7 (1) concurs with the declarations of the

8 Senate in section 3 of the Resolution of Ratifi9 cation to Accompany Treaty Document 107–8,

10 Treaty Between the United States of America

11 and the Russian Federation on Strategic Offen12 sive Reductions;

13 (2) encourages the President to continue

14 strategic offensive reductions to the lowest pos15 sible levels consistent with national security re16 quirements and alliance obligations of the

17 United States;

18 (3) urges the President to engage the Rus19 sian Federation with the objectives of estab20 lishing cooperative measures to give each party

21 to the Treaty Between the United States of

22 America and the Russian Federation on Stra23 tegic Offensive Reductions improved confidence

24 regarding the accurate accounting and security

25 of nonstrategic nuclear weapons maintained by

26 the other party; and


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1 (4) encourages the President to accelerate

2 United States strategic force reductions, to the

3 extent feasible and consistent with the treaty, in

4 order that the reductions required by Article I

5 of the Treaty Between the United States of

6 America and the Russian Federation on Stra7 tegic Offensive Reductions may be achieved

8 prior to December 31, 2012.

9 SEC. 1355. NONPROLIFERATION AND DISARMAMENT FUND.

10 (a) AUTHORIZATION OF APPROPRIATIONS.—

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

12 appropriated to the President to carry out section

13 504 of the Freedom for Russia and Emerging Eur14 asian Democracies and Open Markets Support Act

15 of 1992 (22 U.S.C. 5854; relating to the ‘‘Non16 proliferation and Disarmament Fund’’) $60,000,000

17 for each of the fiscal years 2004 and 2005.

18 (2) AVAILABILITY.—Amounts appropriated pur19 suant to the authorization of appropriations under

20 paragraph (1) are authorized to remain available

21 until expended.

22 (b) NONPROLIFERATION OF HIGHLY ENRICHED

23 URANIUM.—

24 (1) FINDINGS.—Congress finds the following:


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1 (A) Highly enriched uranium is the most

2 likely source material for terrorist or other out3 law organizations that seek to acquire a nuclear

4 weapon.

5 (B) Such organizations are not likely to

6 produce this source material on their own, but

7 will instead look to divert highly enriched ura8 nium from some of the many vulnerable stock9 piles in numerous facilities around the world.

10 (C) There is a need for a coordinated

11 United States Government initiative to secure

12 and dispose of highly enriched uranium stock13 piles in these vulnerable facilities around the

14 world.

15 (D) The Nonproliferation and Disar16 mament Fund (NDF) is a unique and flexible

17 entity that is well-suited to carry out the initia18 tive described in subparagraph (C), in coopera19 tion with other Federal departments and agen20 cies, including the Department of Energy.

21 (2) INITIATIVE.—The Secretary of State is au22 thorized to establish and carry out an initiative to

23 secure and dispose of highly enriched uranium stock24 piles in foreign countries, including the provision of


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1 such assistance as may be required to secure host

2 country cooperation under the initiative.

3 (3) AUTHORIZATION OF APPROPRIATIONS.—Of

4 the amounts made available to carry out section 504

5 of the Freedom for Russia and Emerging Eurasian

6 Democracies and Open Markets Support Act of

7 1992 (22 U.S.C. 5854) for fiscal years 2004 and

8 2005, there are authorized to be appropriated to the

9 Secretary to carry out paragraph (2) $25,000,000

10 for each such fiscal year.

11 SEC. 1356. MARITIME INTERDICTION PATROL BOATS FOR

12 MOZAMBIQUE.

13 (a) IN GENERAL.—Of the amounts made available to

14 carry out section 23 of the Arms Export Control Act for

15 fiscal year 2004, there is authorized to be appropriated

16 $1,000,000 for refurbishment, delivery, operational train17 ing, and related costs associated with the provision of not

18 more than four excess coastal patrol boats to the Govern19 ment of Mozambique for maritime patrol and interdiction

20 activities.

21 (b) AVAILABILITY.—Amounts appropriated pursuant

22 to the authorization of appropriations under subsection (a)

23 are authorized to remain available until September 30,

24 2006.


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1 TITLE XIV—MISSILE THREAT

2 REDUCTION ACT OF 2003

3 SEC. 1401. SHORT TITLE.

4 This title may be cited as the ‘‘Missile Threat Reduc5 tion Act of 2003’’.

6 Subtitle A—Strengthening Inter7 national Missile Nonprolifera8 tion Law

9 SEC. 1411. FINDINGS.

10 Congress makes the following findings:

11 (1) The spread of offensive ballistic missiles

12 suitable for launching nuclear, chemical, and biologi13 cal warheads is accelerating across the globe.

14 (2) According to the Carnegie Endowment for

15 International Peace, more than 25 countries possess

16 missiles with ranges in excess of 300 kilometers and

17 capable of delivering a nuclear warhead.

18 (3)(A) Many of the countries now possessing

19 such missiles, and engaging in the sale and transfer

20 of such missiles and their production technology to

21 other countries, are directly hostile to the United

22 States, its interests, and its allies.

23 (B) Of particular concern in this regard is

24 North Korea, which regularly sells ballistic missiles


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1 and technology to countries in regions of instability

2 and concern to the United States.

3 (4) The Central Intelligence Agency has stated

4 in its most recent report on the foreign ballistic mis5 sile threat the following:

6 ‘‘Emerging ballistic missile states continue

7 to increase the range, reliability, and accuracy

8 of the missile systems in their inventories—pos9 ing ever greater risks to U.S. forces, interests,

10 and allies throughout the world. A decade ago,

11 U.S. and allied forces abroad faced threats

12 from SRBM’s [Short Range Ballistic Mis13 siles]—primarily the Scud and its variants.

14 Today, countries have deployed or are on the

15 verge of deploying MRBM’s [Medium Range

16 Ballistic Missiles], placing greater numbers of

17 targets at risk.

18 ‘‘Proliferation of ballistic missile-related

19 technologies, materials, and expertise—espe20 cially by Russian, Chinese, and North Korean

21 entities—has enabled emerging missile states to

22 accelerate the development timelines for their

23 existing programs, acquire turnkey systems to

24 gain previously non-existent capabilities—in the

25 case of the Chinese sale of the M–11 SRBM to


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1 Pakistan—and lay the groundwork for the ex2 pansion of domestic infrastructures to poten3 tially accommodate even more capable and

4 longer range future systems.’’.

5 (5) The same CIA report also noted the fol6 lowing: ‘‘North Korea has assumed the role as the

7 missile and manufacturing technology source for

8 many programs. North Korean willingness to sell

9 complete systems and components has enabled other

10 states to acquire longer range capabilities earlier

11 than otherwise would have been possible—notably

12 the sale of the No Dong MRBM to Pakistan. The

13 North also has helped countries to acquire tech14 nologies to serve as the basis for domestic develop15 ment efforts—as with Iran’s reverse-engineering of

16 the No Dong in the Shahab-3 program. Meanwhile,

17 Iran is expanding its efforts to sell missile tech18 nology.’’.

19 (6) Since 1987, 33 countries have committed to

20 abide by a voluntary set of guidelines known as the

21 Missile Technology Control Regime (MTCR), where22 by adherents agreed to refrain from the transfer to

23 nonadherents of certain categories of whole missiles,

24 their constituent parts, and the facilities to manu25 facture them, especially ‘‘Category I’’ missiles, which


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1 at a range of 300 kilometers or more and a payload

2 capacity of 500 kilograms or more are especially

3 suited for delivering nuclear weapons.

4 (7) In October 2002, 93 countries committed to

5 observe a nonbinding code of conduct derived from,

6 but less restrictive than, the nonbinding MTCR.

7 While this is a welcome achievement, it does not pro8 vide a legal obligation on its adherents to refrain

9 from the trade in missiles or missile technology.

10 (8) On December 10, 2002, the White House

11 released its ‘‘National Strategy to Combat Weapons

12 of Mass Destruction’’, wherein it is stated that

13 strengthening international nonproliferation controls

14 on weapons of mass destruction (WMD) and upon

15 the missiles that can deliver them is the second of

16 three principal pillars of the National Strategy. The

17 National Strategy also states that ‘‘effective inter18 diction is a critical part of the U.S. strategy to com19 bat WMD and their delivery means’’.

20 (9) On December 11, 2002, the United States

21 took control of an unflagged freighter that was at22 tempting clandestinely to ship, from North Korea to

23 Yemen, SCUD missiles of a type that would be gen24 erally prohibited from transfer as Category I mis25 siles.


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1 (10) Neither North Korea nor Yemen is an ad2 herent to the MTCR guidelines, which in any case

3 are not legally binding, and there is no binding

4 international legal instrument that would prohibit

5 shipments of the missiles referred to in paragraph

6 (9).

7 (11) At Yemen’s request, the United States re8 leased the shipment of North Korean Scud missiles

9 to Yemen.

10 (12) Also on December 11, 2002, the White

11 House press spokesman stated that existing inter12 national law regarding halting the spread of missile

13 proliferation could be strengthened. The new Na14 tional Strategy to Combat Weapons of Mass De15 struction also commits the United States to support

16 those regimes that are currently in force, and to

17 work to improve the effectiveness of, and compliance

18 with, those regimes, and identifies the MTCR as a

19 regime that the United States will seek to strength20 en.

21 (13) Secretary of Defense Donald Rumsfeld,

22 testifying on February 12, 2003, before the Com23 mittee on Armed Services of the Senate, stated the

24 following: ‘‘. . . [I]t’s pretty clear that the prolifera25 tion regimes that exist in the world worked pretty


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1 well before, [but] they’re not working very well right

2 now. . . . [U]nless the world wakes up and says this

3 is a dangerous thing and creates a set of regimes

4 that will in fact get cooperation to stop those weap5 ons, we’re going to be facing a very serious situation

6 in the next five years.’’.

7 (14) The MTCR has made an invaluable con8 tribution to restraint in the international trade of of9 fensive ballistic missiles. Strengthening international

10 controls on ballistic missiles, however, will require a

11 dramatic expansion of adherents that rigorously

12 abide by the MTCR’s guidelines, and a binding legal

13 basis for the United Nations and countries devoted

14 to nonproliferation to prevent, and when necessary

15 act to prevent, further proliferation of offensive bal16 listic missiles around the world.

17 (15) Therefore, it should be the policy of the

18 United States to promote the creation of new inter19 national mechanisms that would, in all future cir20 cumstances, allow the peace-loving and law-abiding

21 nations of the world the authority to interdict and

22 prevent the transfer of such missiles.

23 SEC. 1412. POLICY OF THE UNITED STATES.

24 It shall be the policy of the United States to seek

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1 strict the trade in offensive ballistic missiles with ranges

2 of 300 kilometers or more that have a payload capacity

3 of 500 kilograms or more. Such a binding international

4 instrument may take the form of a multilateral treaty, a

5 United Nations Security Council resolution, or other in6 strument of international law, and should provide for en7 forcement measures including interdiction, seizure, and

8 impoundment of illicit shipments of offensive ballistic mis9 siles and related technology, equipment, and components.

10 SEC. 1413. SENSE OF CONGRESS.

11 It is the sense of the Congress that the United States

12 should immediately introduce a resolution in the United

13 Nations Security Council to prohibit all members of the

14 United Nations from purchasing, receiving, assisting or al15 lowing the transfer of, and to authorize the subsequent

16 interdiction, seizure, and impoundment of, any missile,

17 missile-related equipment, means of producing missiles, or

18 missile-related technology from North Korea.

19 Subtitle B—Strengthening United

20 States Missile Nonproliferation

21 Law

22 SEC. 1421. PROBATIONARY PERIOD FOR FOREIGN PER23 SONS.

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, upon the expiration, or the granting of a waivVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00211 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 er, on or after January 1, 2003, of sanctions against a

2 foreign person imposed under section 73(a) of the Arms

3 Export Control Act (22 U.S.C. 2797b(a)) or under section

4 11B(b)(1) of the Export Administration Act of 1979 (50

5 U.S.C. App. 2410b(b)(1)), as continued in effect under

6 the International Emergency Economic Powers Act, a li7 cense shall be required, for a period of not less than 3

8 years, for the export to that foreign person of all items

9 controlled for export under section 5 or 6 of the Export

10 Administration Act of 1979 (50 U.S.C. App. 2404, 2405),

11 as continued in effect under the International Emergency

12 Economic Powers Act, in accordance with the Export Ad13 ministration Regulations.

14 (b) TERMINATION.—Subsection (a) shall not apply to

15 a foreign person 30 days after the President notifies the

16 Committee on International Relations of the House of

17 Representatives and the Committee on Banking, Housing,

18 and Urban Affairs and the Committee on Foreign Rela19 tions of the Senate that he has determined that—

20 (1) the foreign person has—

21 (A) ceased all activity related to the origi22 nal imposition of sanctions under section 73(a)

23 of the Arms Export Control Act or section

24 11B(b)(A) of the Export Administration Act of

25 1979, as the case may be; and


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1 (B) has instituted a program of trans2 parency measures whereby the United States

3 will be able to verify for at least a period of 3

4 years that the foreign person is not engaging in

5 prohibited activities under those provisions of

6 law referred to in paragraph (1); and

7 (2) there has been an appropriate resolution of

8 the original violation or violations, such as financial

9 penalties, incarceration, destruction of prohibited

10 items, or other appropriate measures taken to pre11 vent a recurrence of the violation or violations.

12 SEC. 1422. STRENGTHENING UNITED STATES MISSILE PRO13 LIFERATION SANCTIONS ON FOREIGN PER14 SONS.

15 (a) ARMS EXPORT CONTROL ACT.—Section 73(a)(2)

16 (22 U.S.C. 2797b(a)(2)) is amended by striking ‘‘2 years’’

17 each place it appears and inserting ‘‘4 years’’.

18 (b) PUBLIC INFORMATION.—Section 73(e)(2) (22

19 U.S.C. 2797b(e)(2)) is amended by adding at the end the

20 following new sentence: ‘‘Such report may be classified

21 only to the extent necessary to protect intelligence sources

22 and methods. If the report is so classified, the President

23 shall make every effort to acquire sufficient alternative in24 formation that would allow a subsequent unclassified

25 version of the report to be issued.’’.


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1 (c) EXPORT ADMINISTRATION ACT OF 1979.—Any

2 sanction imposed on a foreign person under section

3 11B(b)(1) of the Export Administration Act of 1979 (50

4 U.S.C. App. 2410b(b)(1)), as continued in effect under

5 the International Emergency Economic Powers Act, shall

6 be in effect for a period of 4 years beginning on the date

7 on which the sanction was imposed.

8 (d) APPLICABILITY.—The amendments made by sub9 sections (a) and (b) and the provisions of subsection (c)

10 shall apply to all sanctions imposed under section 73(a)

11 of the Arms Export Control Act or section 11B(b)(1) of

12 the Export Administration Act of 1979, as continued in

13 effect under the International Emergency Economic Pow14 ers Act, by reason of acts giving rise to such sanctions

15 that were committed by foreign persons on or after Janu16 ary 1, 2003.

17 SEC. 1423. COMPREHENSIVE UNITED STATES MISSILE PRO18 LIFERATION SANCTIONS ON ALL RESPON19 SIBLE PERSONS.

20 (a) ARMS EXPORT CONTROL ACT.—Section 73(a)

21 (22 U.S.C. 2797b(a)) is amended by adding at the end

22 the following new paragraph:

23 ‘‘(3)(A) Sanctions imposed upon a foreign person

24 under paragraph (2) shall also be imposed on any govern25 mental entity that the President determines exercises efVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00214 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 fective control over, benefits from, or directly or indirectly

2 facilitates the activities of that foreign person.

3 ‘‘(B) When a sanction is imposed on a foreign person

4 under paragraph (2), the President may also impose that

5 sanction on any other person or entity that the President

6 has reason to believe has or may acquire items that may

7 not be exported to that foreign person on account of the

8 sanction imposed on that foreign person, with the intent

9 to transfer to that foreign person, or provide to that for10 eign person access to, such items.

11 ‘‘(C) The President may also prohibit, for such period

12 of time as he may determine, any transaction or dealing,

13 by a United States person or within the United States,

14 with any foreign person on whom sanctions have been im15 posed under this subsection.

16 ‘‘(D) The President shall report on an annual basis

17 to the Committee on International Relations of the House

18 of Representatives and the Committee on Foreign Rela19 tions of the Senate the identity of any foreign person that

20 engages in any transaction or activity with a foreign per21 son on whom sanctions have been imposed under this sub22 section that either—

23 ‘‘(i) would be the basis for imposing sanctions

24 under subparagraph (B) but for which sanctions

25 have not been imposed; or


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1 ‘‘(ii) would be the basis for imposing sanctions

2 under subparagraph (C) if the transaction or activity

3 had been carried out by a United States person or

4 by a person in the United States.

5 Such report shall be unclassified to the maximum extent

6 feasible, but may include a classified annex.’’.

7 (b) DEFINITION OF PERSON.—Section 74(a)(8)(A)

8 (22 U.S.C. 2797c(a)(8)(A)) is amended to read as follows:

9 ‘‘(8)(A) the term ‘person’ means—

10 ‘‘(i) a natural person;

11 ‘‘(ii) a corporation, business association,

12 partnership, society, trust, transnational cor13 poration, or transnational joint venture, any

14 other nongovernmental entity, organization, or

15 group, and any governmental entity;

16 ‘‘(iii) any subsidiary, subunit, or parent en17 tity of any business enterprise or other organi18 zation or entity listed in clause (ii); and

19 ‘‘(iv) any successor of any business enter20 prise or other organization or entity listed in

21 clause (ii) or (iii); and’’.

22 (c) EXPORT ADMINISTRATION ACT OF 1979.—

23 (1) SANCTIONS IMPOSED ON GOVERNMENT EN24 TITIES.—Any sanction imposed on a foreign person

25 under section 11B(b)(1)(B) of the Export AdminisVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00216 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 tration Act of 1979 (50 U.S.C. App.

2 2410b(b)(1)(B)), as continued in effect under the

3 International Emergency Economic Powers Act (in

4 this subsection referred to as a ‘‘dual use sanction’’),

5 shall also be imposed on any governmental entity

6 that the President determines exercises effective con7 trol over, benefits from, or directly or indirectly fa8 cilitates the activities of that foreign person.

9 (2) OTHER ENTITIES.—When a dual use sanc10 tion is imposed on a foreign person, the President

11 may also impose that sanction on any other person

12 or entity that the President has reason to believe

13 has or may acquire items that may not be exported

14 to that foreign person on account of the dual use

15 sanction imposed on that foreign person, with the in16 tent to transfer to that foreign person, or provide to

17 that foreign person access to, such items.

18 (3) TRANSACTIONS BY THIRD PARTIES.—The

19 President may also prohibit, for such period of time

20 as he may determine, any transaction or dealing, by

21 a United States person or within the United States,

22 with any foreign person on whom dual use sanctions

23 have been imposed.

24 (4) REPORT.—The President shall submit on

25 an annual basis to the appropriate congressional


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1 committees a report that contains the identity of any

2 foreign person that engages in any transaction or

3 activity with a foreign person on whom dual use

4 sanctions have been imposed that either—

5 (A) would be the basis for imposing dual

6 use sanctions under paragraph (2) but for

7 which such sanctions have not been imposed; or

8 (B) would be the basis for imposing dual

9 use sanctions under paragraph (3) if the trans10 action or activity had been carried out by a

11 United States person or by a person in the

12 United States.

13 Such report shall be unclassified to the maximum

14 extent feasible, but may include a classified annex.

15 (5) DEFINITIONS.—In this subsection:

16 (A) PERSON.—The term ‘‘person’’

17 means—

18 (i) a natural person;

19 (ii) a corporation, business associa20 tion, partnership, society, trust,

21 transnational corporation, or transnational

22 joint venture, any other nongovernmental

23 entity, organization, or group, and any

24 governmental entity;


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1 (iii) any subsidiary, subunit, or parent

2 entity of any business enterprise or other

3 organization or entity listed in clause (ii);

4 and

5 (iv) any successor of any business en6 terprise or other organization or entity list7 ed in clause (ii) or (iii).

8 (B) In the case of countries where it may

9 be impossible to identify a specific governmental

10 entity referred to in subparagraph (A), the

11 term ‘‘person’’ means—

12 (i) all activities of that government re13 lating to the development or production of

14 any missile equipment or technology; and

15 (ii) all activities of that government

16 affecting the development or production of

17 aircraft, electronics, and space systems or

18 equipment.

19 (C) UNITED STATES PERSON.—The term

20 ‘‘United States person’’ has the meaning given

21 that term in section 16(2) of the Export Ad22 ministration Act of 1979 (50 U.S.C. App.

23 2415(2)).

24 (D) MISSILE EQUIPMENT OR TECH25 NOLOGY.—The term ‘‘missile equipment or


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1 technology’’ has the meaning given that term in

2 section 11B(c) of the Export Administration

3 Act of 1979 (50 U.S.C. App. 2410b(c)).

4 (d) EFFECTIVE DATE.—The amendments made by

5 subsections (a) and (b) shall apply with respect to sanc6 tions imposed on or after January 1, 2003, on foreign per7 sons under section 73(a)(2) of the Arms Export Control

8 Act, and the provisions of subsection (c) shall apply with

9 respect to sanctions imposed on or after January 1, 2003,

10 on foreign persons under section 11B(b) of the Export Ad11 ministration Act of 1979 (50 U.S.C. App. 2410b(b)), as

12 continued in effect under the International Emergency

13 Economic Powers Act.

14 Subtitle C—Incentives for Missile

15 Threat Reduction

16 SEC. 1431. FOREIGN ASSISTANCE.

17 (a) TYPES OF ASSISTANCE.—The President is au18 thorized to provide, on such terms as the President deems

19 appropriate, the following assistance to countries that

20 agree to destroy their ballistic missiles, and their facilities

21 for producing ballistic missiles, that have a payload capac22 ity of 500 kilograms or more over a distance of 300 kilo23 meters or more:

24 (1) Assistance under section 23 of the Arms

25 Export Control Act (22 U.S.C. 2763).


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1 (2) Assistance under chapter 4 of part II of the

2 Foreign Assistance Act of 1961 (22 U.S.C. 2346 et

3 seq.), notwithstanding section 531(e) or 660(a) of

4 that Act (22 U.S.C. 2346(e) or 2420(a)).

5 (3) Drawdown of defense articles, defense serv6 ices, and military education and training under sec7 tion 506 of the Foreign Assistance Act of 1961 (22

8 U.S.C. 2318).

9 (b) CONGRESSIONAL NOTIFICATION.—Assistance au10 thorized under subsection (a) may not be provided until

11 30 days after the date on which the President has pro12 vided notice thereof to the appropriate congressional com13 mittees in accordance with the procedures applicable to

14 reprogramming notifications under section 634A(a) of the

15 Foreign Assistance Act of 1961 (22 U.S.C. 2394–1(a)).

16 (c) LIMITATION.—Any assistance provided to a coun17 try under subsection (a) may not be provided in more than

18 3 fiscal years.

19 SEC. 1432. AUTHORIZATION OF APPROPRIATIONS.

20 (a) AUTHORIZATION.—There is authorized to be ap21 propriated to the President to carry out section 1431 the

22 sum of $250,000,000.

23 (b) AVAILABILITY.—Amounts appropriated pursuant

24 to the authorization of appropriations under subsection (a)

25 are authorized to remain available until expended.


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1 SEC. 1433. AUTHORIZATION OF TECHNICAL ASSISTANCE IN

2 MISSILE DISARMAMENT.

3 The President is authorized to provide technical as4 sistance in the destruction of any missile or facility for

5 producing ballistic missiles, in any country that requests

6 such assistance.

Æ


86991a.AIH
217

Chairman HYDE. Without objection, the bill will be considered as 

read and open for amendment at any point, and the Chair yields 

himself 5 minutes for purposes of a statement. 

Before us is H.R. 1950, the Foreign Relations and Security Assistance Bill. This bill, which I introduced with Ranking Democratic Member Tom Lantos, authorizes the funding and activities 

for the Department of State for two fiscal years, 2004 and 2005. 

The accounts covered in this bill are funded at or above the President’s fiscal year 2004 budget request. The President’s request for 

these accounts is approximately $14.3 billion. The total authorization for this bill, including State Department operation accounts 

and the security assistance provisions for 2004, is approximately 

$15 billion. 

The proposed amount for FY 2005 is approximately the same as 

that of FY 2004 with some modest percentage increases for typical 

cost-of-living adjustments. A significant portion of these increases 

reflects the need to improve the effectiveness of our public diplomacy programs and our international broadcasting, as well as to 

strengthen our democracy-building programs overseas. 

This bill does carry some foreign assistance provisions, but we 

have tried to keep these to a minimum. There will be opportunities 

for further foreign assistance provisions when the Committee considers other bills, such as the Millennium Challenge Account. The 

measure contains several recommendations from the Administration and Committee Members. Many of the State Department requests are administrative in nature. 

This bill incorporates the Public Diplomacy Bill, H.R. 3969, the 

Freedom Promotion Act of 2002, that was agreed to by this Committee and the full House during the last Congress. The provisions 

in this act are focused on enhancing the role of public diplomacy 

in our foreign policy and specifically places the responsibility for 

the formulation and execution of these programs on the Secretary 

of State. These provisions also authorize funding for student and 

other exchanges, as well as for a number of other public-diplomacy 

programs, with a focus on countries with predominantly Muslim 

populations. 

H.R. 1950 includes a much-needed reorganization of the decisionmaking processes of our international broadcasting efforts. These 

provisions will allow the many innovative plans for this increasingly important element of our foreign policy to be implemented 

more vigorously and expeditiously, which all observers agree must 

be a high priority. 

This bill includes the request from the Broadcasting Board of 

Governors regarding the establishment of a separate grantee to run 

the new Middle East Television and Radio Network. This network 

will add 24-hours-a-day TV and radio broadcasts to the Middle 

East and thereby greatly contribute to an enhancement of our efforts to combat the misinformation and propaganda that contribute 

to the rising anti-American sentiment in the region. 

Constructing secure facilities for our overseas missions continues 

to be a top priority. To that end, we have fully funded State’s requests in this area, while also encouraging the establishment of a 

cost-sharing program. This cost-sharing program is designed to collect funds from each agency that has staff stationed at a U.S. EmVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00223 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL
218

bassy or consulate. These funds will be used to supplement the construction costs of new facilities. 

Last year, the President made the decision to rejoin UNESCO. 

As you are aware, the U.S. withdrew from that organization 19 

years ago and refused to rejoin until UNESCO implemented a series of significant reforms designed to remedy its many abuses. 

Careful consideration has been given to the terms of U.S. reentry 

to this organization, and this bill makes well-considered recommendations to that end. 

Division B of H.R. 1950 contains four titles which address defense trade and security assistance issues, as well as missile-proliferation policy and laws. 

Concerning defense trade reforms, title XI contains several 

amendments to the Arms Export Control Act (AECA) that will 

strengthen the terrorist-related prohibitions contained in that law 

and enhance the ability of our Government to enforce the law 

should violations occur. Together with measures designed to 

strengthen the effectiveness of the U.S. Government program for 

defense trade in title XI, there are other measures, title XII and 

title XIII, that will improve the administration of export controls 

by the State Department; reflect new priorities in the U.S. defense 

trade systems; and facilitate the participation of the U.S. defense 

industry; and provide modifications to AECA to implement security 

assistance programs. 

Title XIV incorporates an important initiative by the Ranking 

Democratic Member, Mr. Lantos, which I am pleased to support, 

aimed at curbing the proliferation of ballistic missiles that can be 

armed with weapons of mass destruction. 

I appreciate the bipartisan cooperation we have received in developing this bill, and I hope we can continue this bipartisan approach in the amendment process. We expect to be on the Floor 

with this bill in June, and I now recognize Mr. Lantos for any comments he may wish to make. 

[The prepared statement of Mr. Hyde follows:]

PREPARED STATEMENT OF THE HONORABLE HENRY J. HYDE, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF ILLINOIS, AND CHAIRMAN, COMMITTEE ON INTER- NATIONAL RELATIONS

Before us is H.R. 1950, the Foreign Relations and Security Assistance bill. This 

bipartisan bill, which I introduced with Ranking Democratic Member Tom Lantos, 

authorizes the funding and activities for the Department of State for two fiscal 

years, 2004 and 2005. 

The accounts covered in this bill are funded at or above the President’s Fiscal 

Year 2004 budget request. The President’s request for these accounts is approximately $14.3 billion. The total authorization for this bill, including the State Department Operation accounts and the Security Assistance provisions for FY 2004, 

is approximately $15 billion. 

The proposed amount for FY 2005 is approximately the same as that of FY 2004 

with some modest percentage increases for typical cost-of-living adjustments. A significant portion of these increases reflects the need to improve the effectiveness of 

our public diplomacy programs and our international broadcasting, as well as to 

strengthen our democracy-building programs overseas. 

This bill does carry some foreign assistance provisions, but we have tried to keep 

these to a minimum. There will be opportunities for further foreign assistance provisions when the committee considers other bills, such as the Millennium Challenge 

Account. 

The measure contains several recommendations from the Administration and 

Committee members. Many of the State Department requests are administrative in 

nature. 

219

This bill incorporates the public diplomacy bill—H.R. 3969, the Freedom Promotion Act of 2002—that was agreed to by this Committee and the full House during the last Congress. The provisions in this Act are focused on enhancing the role 

of public diplomacy in our foreign policy and specifically place the responsibility for 

the formulation and execution of these programs on the Secretary of State. These 

provisions also authorize funding for student and other exchanges, as well as for a 

number of other public diplomacy programs, with a focus on countries with predominantly Muslim populations. 

H.R. 1950 includes a much-needed reorganization of the decision-making processes of our international broadcasting efforts. These provisions will allow the many 

innovative plans for this increasingly important element of our foreign policy to be 

implemented more vigorously and expeditiously, which all observers agree must be 

a high priority. 

This bill includes the request from the Broadcasting Board of Governors regarding 

the establishment of a separate grantee to run the new Middle East Television and 

Radio Network. This new network will add 24-hours-a-day TV and radio broadcasts 

to the Middle East and thereby greatly contribute to an enhancement of our efforts 

to combat the misinformation and propaganda that contribute to the rising antiAmerican sentiment in the region. 

Constructing secure facilities for our overseas missions continues to be a top priority. To that end, we have fully funded State’s requests in this area while also encouraging the establishment of a cost-sharing program. This cost-sharing program 

is designed to collect funds from each agency that has staff stationed at a U.S. embassy or consulate. These funds will be used to supplement the construction costs 

of new facilities. 

Last year, the President made the decision to rejoin UNESCO. As you are aware, 

the U.S. withdrew from that organization nineteen years ago and refused to rejoin 

until UNESCO implemented a series of significant reforms designed to remedy its 

many abuses. Careful consideration has been given to the terms of U.S. reentry to 

this organization, and this bill makes well-considered recommendations to that end. 

Division B of H.R. 1950 contains four titles which address defense trade and security assistance issues as well as missile proliferation policy and laws. 

Concerning defense trade reform, Title eleven contains several amendments to the 

Arms Export Control Act (‘‘AECA’’) that will strengthen the terrorist-related prohibitions contained in that law and enhance the ability of our Government to enforce 

the law, should violations occur. 

Together with measures designed to strengthen the effectiveness of the U.S. Government program for defense trade in Title eleven, there are also other measures, 

Title twelve and Title thirteen, that will improve the administration of export controls by the State Department; reflect new priorities in the U.S. defense trade system; facilitate the participation of the U.S. defense industry; and provide modifications to the AECA to implement security assistance programs. 

Title fourteen incorporates an important initiative by the Ranking Democratic 

Member, Mr. Lantos, which I am pleased to support, aimed at curbing the proliferation of ballistic missiles that can be armed with weapons of mass destruction. 

I appreciate the bipartisan cooperation we have received in developing this bill 

and hope that we can continue this bipartisan approach in the amendment process. 

We expect to be on the floor with this bill in June. 

I now recognize Mr. Lantos for any opening comments he may wish to make.

Mr. LANTOS. Well, let me first thank you, Mr. Chairman. Our 

Committee, because of your leadership, is an oasis of bipartisanship in an otherwise deeply split Congress and profoundly divided 

capital. 

I would like to begin by commending you for the tremendous 

work you do to support this Committee’s leading role in shaping 

our nation’s foreign policy. The United States is truly blessed to 

have your leadership during a time of this great challenge. Mr. 

Chairman, based on the work you and I and our staffs have done 

together, I am pleased to cosponsor the critical legislation before us 

today, which strengthens the Department of State and improves its 

ability to promote the foreign policy of the United States, to pursue 

U.S. national-security interests, and to play the leading role in the 

development of our policies toward the entire world. 

220

I am pleased that our bill fully funds the Administration’s request for the Department of State and contains many of the provisions that Secretary Powell has requested to help him better manage the department. I want to commend the Secretary for his effort 

to strengthen what has traditionally been one of our nation’s greatest resources, our diplomatic corps. 

I am also pleased to say that, under the authority provided in 

this bill, the Secretary’s Diplomatic Readiness Initiative will reach 

its final goal in putting an additional 1,158 new professionals in 

place to serve our country. 

Mr. Chairman, I am proud to be joining you in the continuing effort to make sure that we quickly reduce the period in which our 

Embassy employees are left in buildings and compounds that are 

vulnerable to terrorist attack. In some parts of the world, our Embassies are exposed to physical threats, which are truly dangerous. 

I just visited our Embassy in Amman, Jordan, which is one of the 

very first facilities providing maximum security for Embassy staff 

in a very vulnerable part of the world. We need such facilities 

throughout the globe. 

To support the goal of Embassy security, our bill provides more than $1,300,000,000 for worldwide security upgrades. Our bill also 

contains a number of new initiatives that will give our Department 

of State the tools it needs to promote and protect our national interests in an increasingly complex world. 

I am particularly proud to have had a chance to work with our 

distinguished colleague, Chairman of our Rules Committee, David 

Dreier, in crafting one such measure, the International Leadership 

Act of 2003, which has been folded into this bill. The leadership act 

is designed to give our diplomats the tools they need to ensure that 

America once again punches at its weight class at the United Nations. It does so by creating a Democracy Caucus to support the 

U.S. at the U.N. by directing the President to use our influence to 

reform U.N. rules so rogue regimes cannot gain leadership positions. It is a disgrace that, as we speak, Libya still chairs the 

Human Rights Commission. It is an absurdity, and it undermines 

whatever respect there has historically been for this organization. 

We provide in our International Leadership Act new training for 

our diplomats for effective, multilateral diplomacy. 

An important initiative included in our legislation is the International Free Media Act of 2003, which will help the Department 

of State to encourage the development of sources of accurate, objective reporting in societies currently polluted by messages of propaganda and hate in state-controlled media. I am particularly pleased 

that this initiative includes a new, $15 million fund to support 

independent and ethical journalism, a concept which is nonexistent 

in many parts of the world. 

One final measure I would like to highlight is the Missile Threat 

Reduction Act of 2003. This is designed to confront the alarming 

spread of offensive ballistic missiles for launching nuclear, chemical, and biological warheads. Our measure commits the United 

States to seeking a new international mechanism to restrict the 

trade in missiles, strengthens U.S. sanctions against missile traders, and provides assistance to countries that agree to destroy their 

missile arsenals. 

221

I am very pleased that the bill authorizes all funds necessary to 

pay our assessed dues upon reentry to UNESCO in full and on 

time. When my wife, Annette, and I had the pleasure of visiting 

UNESCO in our longstanding effort to facilitate our reentry to 

UNESCO, we did not dream that our efforts would be as successful 

as soon as they have become, and I want to pay particular attention and respect to my friend, Congressman Leach, for his leadership on seeing to it that we reenter the United Nations Educational, Scientific, and Cultural Organization. 

At this moment of military tension, Mr. Chairman, it is important to recall the founding motto of UNESCO: ‘‘It is in the minds 

of men that the defenses of peace must first be constructed,’’ and 

UNESCO is designed as the entity to create an intellectual and 

educational climate which can create a more peaceful world. 

Mr. Chairman, I want to commend you once more for the extraordinary leadership in working with all Members of the Committee that you have provided in crafting this very good bill. We 

have tried to include here many provisions that the State Department has requested. We have tried to include, to the maximum extent possible, some of the provisions of Members on both the Republican and Democratic sides. I am sure there will be others 

added through the course of this markup, but throughout the process you and your staff have been cooperative and collegial, and I 

look forward to the consideration of our colleagues’ proposals and 

to the passage of this legislation before the end of the day. 

Chairman HYDE. Thank you very much for your generous comments, Mr. Lantos. Without objection, any Member——

Mr. KING. Mr. Chairman, I move to strike the last word. 

Chairman HYDE. Just a moment. Without objection, any Member 

may place his or her opening statements in the record of today’s 

proceedings. 

Mr. King, the gentleman from New York, has asked to address 

the Committee briefly, so for that purpose, he is recognized. 

Mr. KING. Thank you, Mr. Chairman. Mr. Chairman, I appreciate you letting me take this opportunity to engage in a colloquy 

with you regarding funding for the protection of foreign missions 

and other dignitaries. 

As you are aware, the cost of providing security services since 

September 11th has increased significantly. For instance, New 

York City’s reimbursement costs for 2002 alone were approximately 

$35.2 million. Unfortunately, the authorization and appropriation 

levels for municipalities such as the City of New York to protect 

U.N. Assembly meetings, foreign missions, and officials under the 

State Department reimbursement program have not kept pace. 

Under current formulas, for instance, New York would receive only 

$8.1 million of that $35.2 million, and these costs are projected to 

run into future years as well. 

So in order to keep up with the current costs of providing these 

necessary protective services and to compensate New York City’s 

repair shortages, I hope we can make necessary adjustments on increased levels as changes are made to this legislation. I look forward to working with you and the State Department on this important issue between now and when the legislation reaches the Floor, 

and, Mr. Chairman, I yield back. 

222

Chairman HYDE. I thank the gentleman. The Chair has an 

amendment at the desk which all Members have before them. I 

offer this amendment on behalf of myself and Mr. Lantos, which 

contains suggestions made by 14 different Members on both sides 

of the aisle and the Department of State. The clerk will report the 

amendment. 

[The amendment of Chairman Hyde follows:]

223

1

H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. HYDE AND MR. LANTOS

Page 15, after line 14, insert the following new subparagraph:

1 (E) GEORGE J. MITCHELL SCHOLARSHIP

2 PROGRAM.—Of the amounts authorized to be

3 available under subparagraph (A), $500,000 for

4 the fiscal year 2004 and $500,000 for the fiscal

5 year 2005 is authorized to be available for the

6 ‘‘George J. Mitchell Scholarship Program’’

7 which provides for one year of postgraduate

8 study for American scholars at institutions of

9 higher education in Ireland and Northern Ire10 land.

Page 18, line 9, strike ‘‘secondary and’’.

Page 27, line 5, the second place it appears strike

‘‘$40,000,000’’ and insert ‘‘such sums as may be necessary’’.

Page 28, line 6, strike ‘‘$618,854,000’’ and insert

‘‘$600,354,000’’.

Page 29, line 1, strike ‘‘$11,395,000’’ and insert

‘‘$29,895,000’’.


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Page 56, after line 8, insert the following new section (and conform the table of contents accordingly):

1 SEC. 256. AUTHORIZING EAST TIMORESE SCHOLARSHIPS

2 FOR GRADUATE STUDY.

3 Section 237 of the Foreign Relations Authorization

4 Act, Fiscal Years 1994 and 1995 (Public Law 103–236)

5 is amended by inserting ‘‘graduate or’’ after ‘‘at the’’.

Page 62, after line 21, insert the following new section:

6 SEC. 310. MERITORIOUS STEP INCREASES.

7 Section 406(b) of the Foreign Service Act of 1980

8 (22 U.S.C. 3966(b)) is amended by striking ‘‘receiving an

9 increase in salary under subsection (a),’’.

Page 71, line 17, insert ‘‘(a) UNITED STATES POLICY.—’’ before ‘‘The’’.

Page 72, line 13, strike ‘‘organizations’’ and insert

‘‘organizations, or for membership of the United Nations

Security Council’’

Page 72, after line 17, insert the following:

10 (b) REPORT TO CONGRESS.—Not later than 15 days

11 after a country subject to to a determination under section

12 620A of the Foreign Assistance Act of 1961, section 40

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

14 Export Administration Act is selected for a leadership post


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1 in an international organization of which the United

2 States is a member or a membership of the United Na3 tions Security Council, the Secretary of State shall submit

4 a report to the appropriate congressional committees on

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

Page 88, after line 6, insert the following new section (and conform the table of contents accordingly):

6 SEC. 504. PILOT PROGRAM FOR THE PROMOTION OF TRAV7 EL AND TOURISM IN THE UNITED STATES

8 THROUGH UNITED STATES INTERNATIONAL

9 BROADCASTING.

10 (a) PILOT PROGRAM.—The Broadcasting Board of

11 Governors, in consultation with the Department of Com12 merce and other appropriate Federal, State, and local

13 agencies, shall conduct a pilot program for the promotion

14 of travel and tourism in the United States through United

15 States international broadcasting, particularly to regional

16 economies that have been affected by the decrease in tour17 ism following the events of September 11, 2001.

18 (b) PROGRAMMING.—The pilot program shall devote

19 regular programming to broadcasting information on lo20 calities of the United States with the purpose of promoting

21 travel and tourism to regional economies heavily reliant

22 on such tourism.


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1 (c) REPORT TO CONGRESS.—Not later than 180 days

2 after the date of the enactment of this Act, the Broad3 casting Board of Governors shall submit to the appro4 priate congressional committees a report detailing the ac5 tions taken by the Board in carrying out this section.

Page 96, lines 20, 22, and 23, strike ‘‘Executive’’.

Page 97, line 3, strike ‘‘Executive’’.

Page 102, line 20, strike ‘‘Executive’’.

Page 103, line 1, strike ‘‘Executive’’.

Page 105, line 7, strike ‘‘Executive’’.

Page 106, lines 6 and 11, strike ‘‘Executive’’.

Page 116, lines 15 and 16, strike ‘‘Executive’’.

Page 122, after line 8, insert the following new

paragraph (and redesignate the subsequent paragraphs

accordingly):

(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;


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Page 143, after line 9, insert the following new sections (and conform the table of contents accordingly):

1 SEC. 708. REQUIREMENT FOR REPORT ON UNITED STATES

2 POLICY TOWARD HAITI.

3 (a) FINDINGS.—Congress makes the following find4 ings:

5 (1) The United States has a political and eco6 nomic interest and a humanitarian and moral re7 sponsibility in assisting the Government and people

8 of Haiti in resolving the country’s problems and

9 challenges.

10 (2) The situation in Haiti is increasingly cause

11 for alarm and concern, and a sustained, coherent,

12 and active approach by the United States Govern13 ment is needed to make progress toward resolving

14 Haiti’s political and economic crises.

15 (b) REQUIREMENT FOR REPORT.—Not later than 60

16 days after the date of enactment of this Act, the Sec17 retary, in consultation with the Secretary of the Treasury,

18 shall submit to the appropriate congressional committees

19 a report that describes United States policy toward Haiti.

20 The report shall include the following:

21 (1) A description of the activities carried out by

22 the United States Government to resolve Haiti’s poVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00233 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 litical crisis and to promote the holding of free and

2 fair elections in Haiti at the earliest possible date.

3 (2) A description of the activities that the

4 United States Government anticipates initiating to

5 resolve the political crisis and promote free and fair

6 elections in Haiti.

7 (3) An assessment of whether Resolution 822

8 issued by the Permanent Council of the Organiza9 tion of American States on September 4, 2002, is an

10 appropriate framework for a multilateral approach

11 to resolving the political and economic crises in

12 Haiti.

13 (4) A description of the status of efforts to re14 lease the approximately $146,000,000 in loan funds

15 that have been approved by the Inter-American De16 velopment Bank to Haiti for the purposes of reha17 bilitating rural roads, reorganizing the health sector,

18 improving potable water supply and sanitation, and

19 providing basic education, a description of any ob20 stacles that are delaying the release of the loan

21 funds, and recommendations for overcoming such

22 obstacles, including whether any of the following

23 would facilitate the release of such funds:

24 (A) Establishing an International Mone25 tary Fund staff monitoring program in Haiti.


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1 (B) Obtaining bridge loans or other

2 sources of funding to pay the cost of any ar3 rears owed by the Government of Haiti to the

4 Inter-American Development Bank.

5 (C) Providing technical assistance to the

6 Government of Haiti to permit the Government

7 to meet international financial transparency

8 and other requirements.

9 SEC. 709. REPORT ON THE EFFECTS OF PLAN COLOMBIA

10 ON ECUADOR.

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

12 findings:

13 (1) Section 695 of the Foreign Relations Au14 thorization Act, Fiscal Year 2003 (Public Law 107–

15 228) required the Secretary of State to submit a re16 port to Congress on the impact of Plan Colombia on

17 Ecuador and the other adjacent countries to Colom18 bia within 150 days after the date of the enactment

19 of that Act.

20 (2) The 150 day time period for the submission

21 of such report has lapsed without a report being

22 submitted to the Congress.

23 (3) There continues to be growing alarm con24 cerning the spillover effect of Plan Colombia on Ec25 uador, a frontline state, especially in the northern


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1 region of Ecuador which includes the Sucumbios

2 province.

3 (b) REPORT TO CONGRESS.—Not later than 30 days

4 after the date of the enactment of this Act, the Secretary

5 of State shall submit a report to the appropriate congres6 sional committees which sets forth—

7 (A) a statement of policy and comprehen8 sive strategy for United States activities in Co9 lombia related to the impact of Plan Colombia

10 on Ecuador and the other adjacent countries to

11 Colombia; and

12 (B) the reasons for the failure of the De13 partment of State to submit the report required

14 by section 695 of Public Law 107–228 within

15 the time period mandated by law.

Page 154, after line 12, insert the following new sections (and conform the table of contents accordingly):

16 SEC. 726. UNDER SECRETARY OF COMMERCE FOR INDUS17 TRY AND SECURITY.

18 (a) UNDER SECRETARY.—There shall be in the De19 partment of Commerce an Under Secretary of Commerce

20 for Industry and Security who shall serve as the head of

21 the Bureau of Industry and Security and perform such

22 duties as the Secretary of Commerce shall prescribe. The

23 Under Secretary of Commerce for Industry and Security


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H.L.C.

1 shall be appointed by the President by and with the advice

2 and consent of the Senate.

3 (b) INCUMBENT.—The individual serving on the date

4 of the enactment of this Act as the Under Secretary of

5 Commerce for Export Administration shall serve as the

6 Under Secretary of Commerce for Industry and Security

7 until such time as a successor is appointed under sub8 section (a).

9 (c) COMPENSATION.—Section 5314 of title 5, United

10 States Code, is amended by striking ‘‘Under Secretary of

11 Commerce for Export Administration’’ and inserting

12 ‘‘Under Secretary of Commerce for Industry and Secu13 rity’’.

14 (d) CONFORMING AMENDMENTS.—Section 15(a) of

15 the Export Administration Act of 1979 (50 U.S.C. App.

16 2414(a)) is amended—

17 (1) by striking the first sentence; and

18 (2) in the second sentence, by striking ‘‘in car19 rying out such functions’’ and inserting ‘‘of Com20 merce for Industry and Security in carrying out the

21 functions of the Under Secretary’’.

22 SEC. 727. CONCERNING THE SPREAD OF WEAPONS OF MASS

23 DESTRUCTION.

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

25 findings:


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1 (1) The proliferation of weapons of mass de2 struction presents a direct threat to the stability, se3 curity, and safety of nations around the globe.

4 (2) Combatting the spread of such weapons is

5 a responsibility borne by all nations.

6 (3) United States efforts to stop the further

7 spread of these weapons can be further enhanced by

8 cooperative efforts between the United States and

9 the European Union.

10 (4) There are many different components in

11 this effort that require a comprehensive approach,

12 immediate attention, and vigorous action, including

13 the ‘‘10+10 over 10 Initiative’’ agreed to by the

14 United States and many members of the European

15 Union.

16 (5) Stopping the spread of weapons of mass de17 struction is made more difficult when states willingly

18 participate in, or contribute to, their development or

19 their sale or transfer to other nations.

20 (6) Stopping the spread of weapons of mass de21 struction is made more difficult when private compa22 nies willingly participate in, or contribute to, their

23 development or their sale or transfer to other na24 tions.


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1 (7) United States security and safety is under2 mined when companies engage in such commerce.

3 (b) SENSE OF CONGRESS.—The Congress call on the

4 European Union to—

5 (1) develop an aggressive and robust regulatory

6 system designed to—

7 (A) investigate allegations of companies

8 contributing to the development of weapons of

9 mass destruction or their sale or transfer to

10 other nations;

11 (B) isolate and comdemn companies found

12 to participate in, or contribute to, the develop13 ment of such weapons or their sale or transfer

14 to other nations; and

15 (C) develop a punitive response designed to

16 punish such companies, thereby preventing fur17 ther actions on their part and discouraging

18 other companies from engaging in such actions;

19 (2) condemn, by name, states known to be con20 tributing to the development or spread of weapons of

21 mass destruction; and

22 (3) develop appropriate punitive measures de23 signed to discourage further actions.


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1 SEC. 728. COMMUNICATION OF PLANT BIOTECHNOLOGY IN2 FORMATION.

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

4 provide to other countries, as appropriate, the scientific

5 evidence on the benefits, safety, and potential uses of agri6 cultural biotechnology.

7 (b) SPECIFIC OBJECTIVES.—The Department of

8 State shall—

9 (1) cooperate with efforts of other government

10 agencies to disseminate accurate scientific informa11 tion on the potential benefits of agricultural bio12 technology for human and animal nutrition, the en13 vironment, food and feed production, agricultural

14 sustainability, and bioenergy development;

15 (2) cooperate with efforts of other government

16 agencies to become knowledgeable of, and dissemi17 nate scientifically-based facts regarding, the safety

18 and regulation of biotechnology-derived food and

19 feed products;

20 (3) coordinate with the United States Agency

21 for International Development (USAID) to achieve a

22 better understanding of the potential benefits of ag23 ricultural biotechnology to develop products that can

24 be grown under local soil and climate conditions and

25 better meet the health and nutritional needs of local

26 populations; and


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1 (4) ensure that Department personnel are

2 knowledgeable of, and disseminate information on,

3 the United States regulatory safeguards that assure

4 food and environmental safety.

5 SEC. 729. REFUGEE RESETTLEMENT BURDENSHARING.

6 It is the sense of the Congress that—

7 (1) the Secretary of State should actively en8 courage the international community to accept refu9 gees for resettlement on a more equitable basis;

10 (2) the Secretary of State should raise the issue

11 of refugee resettlement burdensharing at the United

12 Nations and other multilateral and bilateral meet13 ings;

14 (3) developed countries should be encouraged to

15 increase the percentage of the world’s refugees ac16 cepted for resettlement; and

17 (4) the Secretary of State should encourage de18 veloping stable countries in regions with refugee

19 flows to accept for resettlement as many of their

20 neighbors as possible.

Page 193, line 3, insert ‘‘(a) AUTHORIZATION OF

APPROPRIATIONS.—’’ before ‘‘In’’.

Page 193, line 10, strike ‘‘enforcement officials’’ and

insert ‘‘enforcement, including in the interpretation of intellectual property laws’’.


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H.L.C.

Page 193, line 11, strike ‘‘prosecutors’’ and insert

‘‘prosecutors, including in the interpretation of intellectual property laws’’.

Page 193, after line 14, insert the following new

subsection:

1 (b) CONSULTATION WITH WORLD INTELLECTUAL

2 PROPERTY ORGANIZATION.—In carrying out subsection

3 (a), the Department of State should make every effort to

4 consult with, and provide appropriate assistance to, the

5 World Intellectual Property Organization to promote the

6 integration of non-OECD countries into the global intel7 lectual property system.

Page 197, after line 24, insert the following sections

(and conform the table of contents accordingly):

8 SEC. 1357. ASSISTANCE FOR LAW ENFORCEMENT FORCES

9 IN CERTAIN FOREIGN COUNTRIES.

10 Notwithstanding section 660 of the Foreign Assist11 ance Act of 1961 (22 U.S.C. 2420), the Administrator of

12 the United States Agency for International Development

13 is authorized to provide assistance for fiscal years 2004

14 and 2005 to—

15 (1) law enforcement agencies of the Govern16 ment of India for the purposes of enhancing their

17 capacity for medical-first-response and search-andVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00242 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 rescue operations after a natural disaster, improving

2 the access of women to justice, and combating the

3 trafficking of persons; and

4 (2) the new police force of Northern Ireland for

5 the purpose of providing computer-based, human6 rights and other professional training, and the law

7 enforcement agencies of the Republic of Ireland

8 (ROI) for the purposes of fostering greater coopera9 tion and communication between the police force of

10 the Republic of Ireland and the new police force of

11 Northern Ireland, as recommended by the Patten

12 Commission.

13 SEC. 1358. HUMAN RIGHTS AND DEMOCRACY FUND.

14 Section 664(c)(1) of the Freedom Investment Act of

15 2002 (subtitle E of title VI of division A of Public Law

16 107–228; 22 U.S.C. 2151n–2(c)(1)) is amended—

17 (1) by striking ‘‘for fiscal year 2003’’ and in18 serting ‘‘for each of the fiscal years 2003 through

19 2005’’; and

20 (2) by striking ‘‘$21,500,000 is’’ and inserting

21 ‘‘$21,500,000 for fiscal year 2003, $24,000,000 for

22 fiscal year 2004, and such sums as may be nec23 essary for fiscal year 2005 are’’.


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H.L.C.

1 SEC. 1359. REPORT ON MISSILE DEFENSE COOPERATION.

2 Not later than December 31, 2003, and December

3 31, 2004, the Secretary of State shall submit to the appro4 priate congressional committees a report on cooperative ef5 forts that have been undertaken by the United States with

6 foreign governments to foster the development and deploy7 ment of defenses against missile attack. Such report shall

8 include a detailed description of such efforts on a country9 by-country basis, and may be submitted in classified and

10 unclassified form, as appropriate.

Page 215, after line 6, add the following new title

(and conform the table of contents accordingly):

11 TITLE XV—PROMOTION OF DE12 MOCRACY, HUMAN RIGHTS,

13 AND RULE OF LAW IN

14 BELARUS

15 SEC. 1501. ASSISTANCE TO PROMOTE DEMOCRACY AND

16 CIVIL SOCIETY IN BELARUS.

17 (a) PURPOSES OF ASSISTANCE.—The assistance

18 under this section shall be available for the following pur19 poses:

20 (1) To assist the people of the Republic of

21 Belarus in regaining their freedom and to enable

22 them to join the European community of democ23 racies.


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H.L.C.

1 (2) To encourage free and fair presidential,

2 parliamentary, and local elections in Belarus, con3 ducted in a manner consistent with internationally

4 accepted standards and under the supervision of

5 internationally recognized observers.

6 (3) To assist in restoring and strengthening in7 stitutions of democratic governance in Belarus.

8 (b) AUTHORIZATION FOR ASSISTANCE.—To carry out

9 the purposes of subsection (a), the President is authorized

10 to furnish assistance and other support for the activities

11 described in subsection (c), to be provided primarily for

12 indigenous Belarusian groups that are committed to the

13 support of democratic processes.

14 (c) ACTIVITIES SUPPORTED.—Activities that may be

15 supported by assistance under subsection (b) include—

16 (1) the observation of elections and the pro17 motion of free and fair electoral processes;

18 (2) development of democratic political parties;

19 (3) radio and television broadcasting to and

20 within Belarus;

21 (4) the development of nongovernmental organi22 zations promoting democracy and supporting human

23 rights;

24 (5) the development of independent media

25 working within Belarus and from locations outside


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H.L.C.

1 the country and supported by nonstate-controlled

2 printing facilities;

3 (6) international exchanges and advanced pro4 fessional training programs for leaders and members

5 of the democratic forces in skill areas central to the

6 development of civil society; and

7 (7) other activities consistent with the purposes

8 of this title.

9 (d) AUTHORIZATION OF APPROPRIATIONS.—

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

11 appropriated to the President to carry out this sec12 tion such sums as may be necessary for fiscal years

13 2004 and 2005.

14 (2) AVAILABILITY OF FUNDS.—Amounts appro15 priated pursuant to the authorization of appropria16 tions under paragraph (1) are authorized to remain

17 available until expended.

18 SEC. 1502. RADIO BROADCASTING TO BELARUS.

19 (a) PURPOSE.—It is the purpose of this section to

20 authorize increased support for United States Government

21 and surrogate radio broadcasting to the Republic of

22 Belarus that will facilitate the unhindered dissemination

23 of information.

24 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi25 tion to such sums as are otherwise authorized to be approVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00246 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 priated, there is authorized to be appropriated such sums

2 as may be necessary for each fiscal year for Voice of Amer3 ica and RFE/RL, Incorporated for radio broadcasting to

4 the people of Belarus in languages spoken in Belarus.

5 SEC. 1503. SENSE OF CONGRESS RELATING TO SANCTIONS

6 AGAINST THE GOVERNMENT OF BELARUS.

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that the sanctions described in subsections (c) and

9 (d) should apply with respect to the Republic of Belarus

10 until the President determines and certifies to the appro11 priate congressional committees that the Government of

12 Belarus has made significant progress in meeting the con13 ditions described in subsection (b).

14 (b) CONDITIONS.—The conditions referred to in sub15 section (a) are the following:

16 (1) The release of individuals in Belarus who

17 have been jailed based on political or religious be18 liefs.

19 (2) The withdrawal of politically motivated legal

20 charges against all opposition figures and inde21 pendent journalists in Belarus.

22 (3) A full accounting of the disappearances of

23 opposition leaders and journalists in Belarus, includ24 ing Victor Gonchar, Anatoly Krasovsky, Yuri

25 Zakharenka, and Dmitry Zavadsky, and the prosecuVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00247 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 tion of those individuals who are responsible for

2 their disappearances.

3 (4) The cessation of all forms of harassment

4 and repression against the independent media, inde5 pendent trade unions, nongovernmental organiza6 tions, religious organizations (including their leader7 ship and members), and the political opposition in

8 Belarus.

9 (5) The implementation of free and fair presi10 dential and parliamentary elections in Belarus con11 sistent with OSCE standards on democratic elections

12 and in cooperation with relevant OSCE institutions.

13 (c) DENIAL OF ENTRY INTO THE UNITED STATES

14 OF BELARUSIAN OFFICIALS.—The President should use

15 his authority under section 212(f) of the Immigration and

16 Nationality Act (8 U.S.C. 1182(f)) to deny the entry into

17 the United States of any alien who—

18 (1) holds a position in the senior leadership of

19 the Government of Belarus; or

20 (2) is a spouse, minor child, or agent of a per21 son inadmissible under paragraph (1).

22 (d) PROHIBITION ON LOANS AND INVESTMENT.—

23 (1) UNITED STATES GOVERNMENT FINANC24 ING.—No loan, credit guarantee, insurance, financ25 ing, or other similar financial assistance should be


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H.L.C.

1 extended by any agency of the United States Gov2 ernment (including the Export-Import Bank and the

3 Overseas Private Investment Corporation) to the

4 Government of Belarus, except with respect to the

5 provision of humanitarian goods and agricultural or

6 medical products.

7 (2) TRADE AND DEVELOPMENT AGENCY.—No

8 funds available to the Trade and Development Agen9 cy should be available for activities of the Agency in

10 or for Belarus.

11 (e) MULTILATERAL FINANCIAL ASSISTANCE.—It is

12 further the sense of Congress that, in addition to the ap13 plication of the sanctions described in subsections (c) and

14 (d) to the Republic of Belarus (until the President deter15 mines and certifies to the appropriate congressional com16 mittees that the Government of Belarus has made signifi17 cant progress in meeting the conditions described in sub18 section (b)), the Secretary of the Treasury should instruct

19 the United States Executive Director of each international

20 financial institution to which the United States is a mem21 ber to use the voice and vote of the United States to op22 pose any extension by those institutions of any financial

23 assistance (including any technical assistance or grant) of

24 any kind to the Government of Belarus, except for loans

25 and assistance that serve humanitarian needs.


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H.L.C.

1 SEC. 1504. MULTILATERAL COOPERATION.

2 It is the sense of Congress that the President should

3 continue to seek to coordinate with other countries, par4 ticularly European countries, a comprehensive, multilat5 eral strategy to further the purposes of this title, includ6 ing, as appropriate, encouraging other countries to take

7 measures with respect to the Republic of Belarus that are

8 similar to measures described in this title.

9 SEC. 1505. REPORT.

10 (a) REPORT.—Not later than 90 days after the date

11 of enactment of this Act, and every year thereafter, the

12 President shall transmit to the appropriate congressional

13 committees a report that describes, with respect to the

14 preceding 12-month period, the following:

15 (1) The sale or delivery of weapons or weapons16 related technologies from the Republic of Belarus to

17 any country, the government of which the Secretary

18 of State has determined, for purposes of section

19 6(j)(1) of the Export Administration Act of 1979

20 (50 U.S.C. App. 2405(j)(1)), has repeatedly pro21 vided support for acts of international terrorism.

22 (2) An identification of each country described

23 in paragraph (1) and a detailed description of the

24 weapons or weapons-related technologies involved in

25 the sale.


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H.L.C.

1 (3) An identification of the goods, services,

2 credits, or other consideration received by Belarus in

3 exchange for the weapons or weapons-related tech4 nologies.

5 (4) The personal assets and wealth of Alek6 sandr Lukashenka and other senior leadership of the

7 Government of Belarus.

8 (b) FORM.—A report transmitted pursuant to sub9 section (a) shall be in unclassified form but may contain

10 a classified annex.

11 SEC. 1506. DEFINITIONS.

12 In this title:

13 (1) OSCE.—The term ‘‘OSCE’’ means the Or14 ganization for Security and Cooperation in Europe.

15 (2) SENIOR LEADERSHIP OF THE GOVERNMENT

16 OF BELARUS.—The term ‘‘senior leadership of the

17 Government of Belarus’’ includes—

18 (A) the President, Prime Minister, Deputy

19 Prime Ministers, government ministers, Chair20 men of State Committees, and members of the

21 Presidential Administration of Belarus;

22 (B) any official of the Government of

23 Belarus who is personally and substantially in24 volved in the suppression of freedom in Belarus,

25 including judges and prosecutors; and


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H.L.C.

1 (C) any other individual determined by the

2 Secretary of State (or the Secretary’s designee)

3 to be personally and substantially involved in

4 the formulation or execution of the policies of

5 the Lukashenka regime that are in contradic6 tion of internationally recognized human rights

7 standards.


86991b.AAY
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Ms. RUSH. Amendment offered by Mr. Hyde: ‘‘Page 15, after line 

14, insert the following new subparagraph.’’

Chairman HYDE. Without objection, further reading of the 

amendment is dispensed with, and without objection, the question 

occurs on the adoption of the manager’s amendment. All of those 

in favor, say aye. 

[A chorus of ayes.] 

Chairman HYDE. Opposed, nay. 

[No response.] 

Chairman HYDE. The ayes have it, and the amendment is agreed 

to. 

Are there other amendments? Mr. Leach. 

Mr. LEACH. Mr. Chairman, I have an amendment at the desk. 

[The amendment of Mr. Leach follows:]

248

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H.L.C.

AMENDMENT TO FOREIGN RELATIONS AUTHORIZATION BILL, FISCAL YEARS 2004 AND 2005

OFFERED BY MR. LEACH

In title II (relating to Department of State authorities and activities) at the end of subtitle A (relating to

United States public diplomacy) insert the following new

section:

1 SEC. ll. THE COLIN POWELL CENTER FOR AMERICAN DI2 PLOMACY.

3 Title I of the State Department Basic Authorities Act

4 of 1956 is amended by adding after section 59 (22 U.S.C.

5 2730) the following new section:

6 ‘‘SEC. 60. COLIN POWELL CENTER FOR AMERICAN DIPLO7 MACY.

8 ‘‘(a) DESIGNATION.—The diplomacy center of the

9 Department of State, located in the Harry S Truman

10 building, is hereby designated as the ‘Colin Powell Center

11 for American Diplomacy’ (hereinafter in this section re12 ferred to as the ‘Center’).

13 ‘‘(b) ACTIVITIES.—

14 ‘‘(1) SUPPORT AUTHORIZED.—The Secretary of

15 State is authorized to provide by contract, grant, or

16 otherwise, for the performance of appropriate mu17 seum visitor and educational outreach services, inVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00254 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 cluding organizing conference activities, museum

2 shop services, and food services, in the public exhibit

3 and related space utilized by the Center.

4 ‘‘(2) PAYMENT OF EXPENSES.—The Secretary

5 may pay all reasonable expenses of conference activi6 ties conducted by the Center, including refreshments

7 and reimbursement of travel expenses incurred by

8 participants.

9 ‘‘(3) RECOVERY OF COSTS.—Any revenues gen10 erated under the authority of paragraph (1) for vis11 itor services may be retained, as a recovery of the

12 costs of operating the Center, and credited to any

13 Department of State appropriation.

14 ‘‘(c) DISPOSITION OF CENTER ARTIFACTS AND MA15 TERIALS.—

16 ‘‘(1) PROPERTY OF SECRETARY.—All historic

17 documents, artifacts, or other articles permanently

18 acquired by the Department of State and deter19 mined by the Secretary to be suitable for display in

20 the Center shall be considered to be the property of

21 the Secretary in the Secretary’s official capacity and

22 shall be subject to disposition solely in accordance

23 with this subsection.

24 ‘‘(2) SALE OR TRADE.—Whenever the Secretary

25 makes the determination under paragraph (3) with


86991c.AAC
250

3

H.L.C.

1 respect to an item, the Secretary may sell at fair

2 market value, trade, or transfer the item, without re3 gard to the requirements of subtitle I of title 40,

4 United States Code. The proceeds of any such sale

5 may be used solely for the advancement of the Cen6 ter’s mission and may not be used for any purpose

7 other than the acquisition and direct care of collec8 tions.

9 ‘‘(3) DETERMINATIONS PRIOR TO SALE OR

10 TRADE.—The determination referred to in para11 graph (2), with respect to an item, is a determina12 tion that—

13 ‘‘(A) the item no longer serves to further

14 the purposes of the Center established in the

15 collections management policy of the Center; or

16 ‘‘(B) in order to maintain the standards of

17 the collections of the Center, the sale or ex18 change of the item would be a better use of the

19 item.

20 ‘‘(4) LOANS.—The Secretary may also lend

21 items covered by paragraph (1), when not needed for

22 use or display in the Center, to the Smithsonian In23 stitution or a similar institution for repair, study, or

24 exhibition.’’.


86991c.AAD
251

Chairman HYDE. The clerk will report the amendment. 

Ms. RUSH. Amendment offered by Mr. Leach: ‘‘In title II, relating 

to—’’

Mr. LEACH. Mr. Chairman, I ask unanimous consent that the 

amendment be considered as read. 

Chairman HYDE. Without objection, so ordered. The gentleman is 

recognized for 5 minutes. 

Mr. LEACH. Mr. Chairman, this amendment authorizes the establishment of a Diplomacy Museum and conference center and auditorium to be located in the Department of State’s headquarters at 

the Harry S. Truman Building. The authorization for the center 

that was requested by the Administration and is contained in the 

version of the legislation now before the Senate. 

The purpose of the center is to organize and sponsor educational 

and outreach programs explaining the role of U.S. diplomats in 

American foreign policy in advancing our national interests 

throughout our history and throughout the world. The center is 

being developed through a partnership with the nonprofit, Foreign 

Affairs Museum Council, a 501[c][3] organization. The council has 

already raised approximately $750,000 privately toward the establishment of the center. In fiscal year 2002, the State Department 

requested and received $950,000 in appropriated funds to support 

the planning for the center. 

Peoples and nations reaching beyond their borders to engage 

their neighbors is as old as civilization itself. In this pursuit, American diplomacy is unique, reflecting the complexity of the American 

experience and our evolving role in the world. The Diplomacy Museum will tell this often-unheralded story and inform people how 

diplomacy shaped our nation and the world. 

In conclusion, let me just note and alert the Committee that 

there is one change to the Administration request, in that the center is designated the Colin Powell Center for American Diplomacy. 

This designation breaks from tradition, but I think it is particularly appropriate at this time given the leadership of the Secretary 

in revitalizing the Department of State and upgrading the Department of State’s personnel practices, and because of the incredibly 

important role that diplomacy plays as a living instrument in world 

affairs today. And so I am hopeful that the Committee will give 

this their sympathetic consideration. 

Chairman HYDE. The gentleman from California, Mr. Lantos. 

Mr. LANTOS. Thank you very much, Mr. Chairman. I want to 

commend my good friend from Iowa, Mr. Leach, for his usual 

thoughtful initiative. The diplomatic history of the United States is 

replete with absolutely fascinating events that deserve special recognition, from Benjamin Franklin’s mission to France during the 

American Revolution to U.S. efforts through President Roosevelt’s 

prize-winning work to negotiate an end to the Russo-Japanese War 

to our most ambitious efforts to bring democracy to the Muslim 

world. 

American diplomacy deserves its own museum. I think it is also 

appropriate that our very distinguished Secretary of State, Colin 

Powell, have the honor of having this important, new museum designated as the Colin Powell Museum of Diplomacy, and I urge all 

of my colleagues to support Mr. Leach’s amendment. 

252

Chairman HYDE. Thank you, Mr. Lantos. The Chair is prepared 

to accept the gentleman’s amendment as a worthy addition to the 

bill. If anybody wishes to speak, I certainly will recognize them, but 

we have a very long day and lots of amendments, so brevity is to 

be encouraged. 

All right. The question occurs on the gentleman’s amendment. 

All of those in favor, say aye. 

[A chorus of ayes.] 

Chairman HYDE. Opposed, nay. 

[A chorus of nos.] 

Chairman HYDE. The ayes have it, and the amendment is agreed 

to. Mr. Crowley. 

Mr. CROWLEY. Chairman Hyde and Ranking Member Lantos, I 

have an amendment at the desk. 

[The amendment of Mr. Crowley follows:]

253

1

H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. CROWLEY

Page 24, line 11, after the dollar amount, insert

‘‘(increased by $25,000,000)’’.

Page 24, line 12, after the dollar amount, insert

‘‘(increased by $25,000,000)’’.

Page 26, after line 19, insert the following new subsection:

1 (e) UNITED NATIONS POPULATION FUND

2 (UNFPA).—

3 (1) AUTHORIZATION OF APPROPRIATIONS.—Of

4 the amounts authorized to be appropriated under

5 subsection (a), $50,000,000 for each of the fiscal

6 years 2004 and 2005 is authorized only to be avail7 able for a United States voluntary contribution to

8 the United Nations Population Fund (UNFPA).

9 (2) PERMANENT GUIDELINES FOR VOLUNTARY

10 CONTRIBUTIONS TO UNFPA.—Section 301 of the

11 Foreign Assistance Act of 1961 (22 U.S.C. 2221) is

12 amended by inserting after subsection (a) the fol13 lowing new subsection:

14 ‘‘(b)(1) For fiscal year fiscal year 2004 and each sub15 sequent fiscal year, funds appropriated to the President

16 or the Department of State under any law for a voluntary


86991d.AAB
254

2

H.L.C.

1 contribution to the United Nations Population Fund

2 (UNFPA) may be obligated and expended for such pur3 pose beginning 30 days after such funds become available

4 and only if the President certifies to the Congress that

5 the United Nations Population Fund (UNFPA) does not

6 directly support or participate in coercive abortion or in7 voluntary sterilization. The certification authority of the

8 President under the preceding sentence may not be dele9 gated.

10 ‘‘(2) In paragraph (1), the term ‘directly supports or

11 participates in coercive abortion or involuntary steriliza12 tion’ means knowingly and intentionally working with a

13 purpose to continue, advance, or expand the practice of

14 coercive abortion or involuntary sterilization, or playing a

15 primary and essential role in a coercive or involuntary as16 pect of a country’s family planning program.’’.


86991d.AAC
255

Chairman HYDE. The clerk will report the amendment. 

Ms. RUSH. Amendment offered by Mr. Crowley: ‘‘Page 24, line 

11—’’

Chairman HYDE. Without objection, further reading of the 

amendment is dispensed with, and Mr. Crowley is recognized for 

5 minutes in support thereof. 

Mr. CROWLEY. Thank you, Mr. Chairman, and thank you, Ranking Member Lantos. I am pleased to offer an amendment on behalf 

of myself and Congressman Lee of California. 

This amendment is designed to assist the United Nations Population Fund while strengthening its requirements to doubly ensure 

that none of these funds will ever be used for abortions or coercive 

sterilizations, something that everyone on this Committee on both 

sides of the aisle finds morally repugnant. 

While it has been proven time and time again by authorities no 

less than our own Secretary of State, Colin Powell, and President 

Bush’s own hand-picked team investigating UNFPA, that the 

UNFPA program does not fund abortions, abortion services, or involuntary sterilizations, I have drafted this amendment to further 

clarify this point to reassure every Member of this Committee and 

of this chamber. 

Firstly, my amendment provides $50 million in annual funding 

for UNFPA for each year over the next 2 years. 

Secondly, it clarifies Kemp-Casten to ensure that U.S. funds do 

not go to the promotion of abortion or involuntary sterilization, 

while also recognizing that UNFPA provides desperately needed 

supplies and services for women, men, and children around the 

world. 

UNFPA is the largest, internationally funded source of population assistance to the developing countries. In 1969, the United 

States helped establish UNFPA to provide support for population 

programs in developing countries, and over the past 30 years, 

UNFPA has provided more than $4.3 billion in assistance to more 

than 160 countries for voluntary family planning and maternal and 

child health care. 

Over the past 30 years, UNFPA has played a key role throughout 

the world, often working in countries where few other donors provide population assistance, such as Iran and Vietnam. 

Make no mistake: The need for UNFPA’s services is definitely 

there. Nearly 600,000 women die each year from causes related to 

pregnancy. Ninety-nine percent of these women are in the developing world. Many of these deaths could be prevented by providing 

women with the means or information to choose the size and spacing of their families. This is just one of the areas UNFPA focuses 

on. 

UNFPA’s priorities include working to increase access to reproductive-health services, improve approaches to adolescent reproductive health, promote safe pregnancy and delivery, reduce maternal 

mortality, provide emergency assistance to refugee situations, and 

prevent and treat HIV and AIDS. 

UNFPA also supports research and data collection to improve 

population activities and activities to improve the status of women 

worldwide. UNFPA has provided emergency reproductive health 

kits, including equipment for safe deliveries and emergency contraVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00261 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL
256

ceptives for rape victims, for Kosovo refugees, earthquake victims 

in Turkey, cyclone victims in India, and women in East Timor. 

I know this is a long list to go through, but this incredibly long 

and incredibly important list is why we must fund UNFPA. 

Of course, it is also important to talk about what UNFPA is not 

and what it does not do. UNFPA provides no support for abortion. 

UNFPA is not a partisan issue. Secretary of State Colin Powell has 

publicly commended the UNFPA for its good work. Republicans 

and Democrats in Congress support funding UNFPA. 

Following September 11th and the U.S. military response in Afghanistan, the U.S. provided an emergency grant of $600,000 for 

UNFPA to provide reproductive-health and safe-delivery supplies 

and services to Afghan refugees. President Bush initially proposed 

$25 million for UNFPA. He later increased the funding to $34 million. 

The Administration’s own blue-ribbon, assessment team sent to 

China to investigate family-planning programs found, and I quote:

‘‘. . . no evidence that UNFPA has knowingly supported or 

participated in the management of a program of coercive abortion of involuntary sterilization.’’

The Administration’s own team recommended a full funding of 

UNFPA, but the unfortunate reality is that there have been inconsistent interpretations of what Kemp-Casten. My amendment 

would address that. It says that Kemp-Casten can be invoked if it 

is found that UNFPA directly supports or participates in coercive 

abortion of sterilization. That is what we want to protect against, 

and that is what my amendment provides for. 

There have been growing concerns about the actions in China, 

and this was the justification for the President’s withholding of this 

money in both fiscal years 2002 and 2003. While UNFPA never financed abortions or sterilization, there is some evidence that the 

Chinese have performed these horrific actions with their own 

money. Stating that, I strongly supported the fiscal year 2003 omnibus that prohibits any UNFPA assistance from being used in 

China just as one more firewall to ensure that these funds are used 

to promote families and not to promote abortions. To argue China 

is now to argue a red herring. 

UNFPA does so much good work while not providing abortions. 

Again, President Bush’s own task force has said this. Now it is 

time to free up this previously appropriated funding and pass my 

amendment to allow this program to continue with its core mission, 

promoting families. The good of UNFPA must be supported. Americans, from Secretary Powell to President Bush, have supported this 

good and worthwhile cause over the years, and with the exception 

of UNFPA funding levels, not much has changed since their outright support. 

UNFPA still does not support coercive sterilization or abortion, 

and there is unfortunately still a massive need for UNFPA’s services. My amendment deals with saving lives, those of both the 

mother and of her child, not the reverse, and that is why I call for 

the passage of my amendment, and I yield back the balance of my 

time. 

Chairman HYDE. The gentleman from New Jersey, Mr. Smith. 

257

Mr. SMITH OF NEW JERSEY. Thank you very much. Mr. Chairman, I rise in very strong opposition to this amendment, the Crowley Amendment. I would like to ask the maker of the amendment 

a very simple question. Can he explain social compensation fees as 

it relates to the PRC’s program? 

Mr. CROWLEY. Social compensation fees? 

Mr. SMITH OF NEW JERSEY. Yes. 

Mr. CROWLEY. No, I can’t. In terms of what? 

Mr. SMITH OF NEW JERSEY. The People’s Republic of China’s population control program; can he explain it? 

Mr. CROWLEY. I am not making reference to that. No, I cannot 

explain——

Mr. SMITH OF NEW JERSEY. I reclaim my time. Let me just 

say——

Mr. CROWLEY. If the gentleman could explain it for us. 

Mr. SMITH OF NEW JERSEY. Well, let me just say to my colleagues, to offer an amendment to change fundamental human 

rights law that has been in existence for 17 years that takes very 

seriously the horrific practice of coercive population control, including forced abortion and forced sterilization, and for the maker of 

that amendment not to know what is the integral part of the PRC’s 

process, the population-control program, relies on what they call 

‘‘social compensation fees.’’

Now, let me just make a couple of points. Secretary of State 

Colin Powell made the determination this year, pursuant to the 

Kemp-Casten language that says, and let me remind my colleagues 

what Kemp-Casten says, that none of the funds made available in 

this act may be available to any organization or program which, as 

determined by the President of the United States, supports or participates in the management of a program of coercive abortion of 

involuntary sterilization. 

Secretary of State Colin Powell made the determination, after a 

very significant, a massive, review of what is happening on the 

ground in China and the complicity of the UNFPA in what was 

going on, and made this statement, and I quote:

‘‘The PRC has in place a regimen of severe penalties on women 

who have unapproved births. This regime plainly operates to 

coerce pregnant women to have abortions in order to avoid the 

penalties and, therefore, amounts to a program of coercive 

abortion.’’

The State Department put out very extensive reporting in the 

Country Reports on Human Rights Practices this year, and I commend it to the reading of my friend and colleague from New York. 

If you are going to offer an amendment to nullify human rights 

law, and that is what his amendment does, I would hope——

Mr. CROWLEY. Will the gentleman yield? 

Mr. SMITH OF NEW JERSEY. No. I won’t yield. I will yield at the 

end of my statement. I would hope that he would know in advance 

what a social compensation fee is. The State Department points 

out, after the review of what is going on in UNFPA-sponsored 

counties, the 32 counties where they operate,

258

‘‘The PRC Government publicly establishes and enforces detailed, planned-birth policies with legal births distinguished 

from out-of-plan births.’’

In other words, children are either legal or illegal, and the state 

decides those that are illegal are then destined to be killed by the 

state. 

Fines on out-of-state births are typically severe. They are called 

‘‘social compensation fees.’’ For example, the laws in one of the 

counties in which UNFPA operates expressly provide that, and I 

quote:

‘‘The birth of a child which violates government family-planning policy will result in the levying of a fee of two to three 

times the annual income of both respective parties,’’

and then it gets worse after that. 

In other words, if you or I and our wives or the women who are 

on the Committee or anyone in this room were to have a child that 

was not deemed permissible by the Government of the PRC, we 

would lose 3 years of my salary and 3 years of my wife’s salary, 

6 years, and it is called a compensation fee. That is at the core of 

the one-child-per-couple policy in the PRC, and UNFPA has been 

lauding this program since its inception back in 1979. 

I would point out to my colleagues that the former executive director of the UNFPA has said, when she got an award upon leaving, to show the complicity and the hand-in-glove relationship between a U.N. agency that ought to be on the side of the oppressed 

but, instead, stands on the side of the oppressor—this is Dr. Sedyk 

talking, the executive director of the UNFPA:

‘‘I have had the honor of being associated with China’s reproductive-health and family-planning program for more than 2 

decades. I feel proud that UNFPA made the wise decision to 

resist external pressures,’’

and read that, human rights pressures,

‘‘external pressures in its fruitful cooperation with China.’’

I would point out to my colleagues that that is standing hand in 

hand, shoulder to shoulder, with the oppressors of women. UNFPA 

has covered itself with shame, I say to my friend and colleague. 

The Kemp-Casten language says, get out of China, and then you 

will get your money. Cease this cooperation with a coercive population-control program. 

I commend to my colleagues the State report this year, the Country Reports on Human Rights Practices, which is very thorough and 

talks about this coercive regime and the fact that the one-child-percouple policy is implemented in the 32 counties, birth quotas are 

used throughout all of China. 

Let me ask my friend another question. A new law went into effect in September 2002. Has he looked at it? Is he aware of it? 

Mr. CROWLEY. Mr. Chairman, will the gentleman yield? 

Mr. SMITH OF NEW JERSEY. I would be happy to yield. 

Mr. CROWLEY. Mr. Chairman, as you know, in my statement, this 

bill does not refer to China in that sense. I understand the processes that take place in China. I understand the compensation 

259

plan, having been to China in January of this year. I understand 

that China is not a model nation in this world, and because of that, 

we are saying, build the firewall and support the firewall——

Mr. SMITH OF NEW JERSEY. I reclaim my time and just say to 

my colleague, you say you understand it. A moment ago, you didn’t 

even know what it was,——

Mr. CROWLEY. Mr. Chairman. 

Mr. SMITH OF NEW JERSEY [continuing]. And I find that outrageous, I say to my colleague, outrageous. 

Mr. CROWLEY. Will the gentleman yield? There is no need for the 

combative nature between——

Mr. SMITH OF NEW JERSEY. Oh, combative. We are talking about 

women who are coerced. 

Chairman HYDE. The Chair, for the first time in several years, 

calls for order. 

Mr. SMITH OF NEW JERSEY. I would be happy to yield. 

Chairman HYDE. The gentleman from New Jersey still has a few 

moments left. 

Mr. SMITH OF NEW JERSEY. Let me just remind my colleagues 

that, again, in the past, in this Committee, we have not had the 

votes to defeat this kind of amendment, and it probably will require a Floor fight, which we would welcome, especially to bring 

some light and scrutiny to the abusive practices of the PRC and 

those who would aid and abet those abusive practices. 

The UNFPA should be out in front, saying that volunteerism is 

the only way for family-planning and population control, that coercion, in any manifestation, in any manner, needs to be repudiated 

absolutely. 

I commend Secretary of State Colin Powell. What you would take 

out of the loop in your amendment, if I read it carefully, the President cannot delegate that authority to the Secretary of State. Traditionally, over the last 17 years, that is exactly what has happened, and that is what happened last year. The Secretary of State, 

who is the prime fomenter and originator and implementer of our 

U.S. foreign policy, gathered together all of his respective people on 

this issue and then made a very, very insightful judgment, and I 

would hope that the Secretary of State would retain that authority 

as well. 

Chairman HYDE. The gentleman’s time has expired. The gentleman from California, Mr. Lantos. 

Mr. LANTOS. Thank you very much, Mr. Chairman. Let me, at 

the outset, state that I strongly support Mr. Crowley’s amendment, 

and I urge all of my colleagues, with all of the emphasis at my 

command, to join me in that effort. 

Let me also say parenthetically that our colleague, Mr. Crowley, 

was the Democratic leader of an important congressional delegation 

to the People’s Republic of China and displayed a degree of passionate commitment to human rights that was extraordinary, and 

I want to pay public tribute to him at this forum. 

As the founding Chairman of the Congressional Human Rights 

Caucus, I take second place to no one in criticism of China’s horrendous human rights record, and I want to pay tribute to my good 

friend from New Jersey, Mr. Smith, with whom I have stood, shoulder to shoulder, for almost a quarter of a century in fighting ChiVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00265 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL
260

nese human rights abuses. No one has been more articulate, effective, and passionate about fighting China’s horrendous human 

rights record than my good friend from New Jersey, Mr. Smith. 

China’s use of forced abortion and forced sterilization to control 

population growth is a horrendous violation of internationally recognized human rights, and the United States must make every effort to convince Chinese officials to cease these horrendous practices. What is so sad about China’s use of coercive family-planning 

practices is that China could accomplish the same goal, controlling 

its population, through active promotion of voluntary family planning. That is why it is so critically important that UNFPA operate 

in China and that the United States contribute financially to the 

work of UNFPA in China. 

UNFPA’s program in China is specifically designed to demonstrate to the Chinese Government that voluntary family-planning programs, free of coercion and free of quotas, will effectively 

control China’s population explosion. This is exactly the approach 

that opponents of the Crowley Amendment should be supporting. 

Instead, they want to cut all U.S. funding for UNFPA, create millions of more unintended pregnancies and unsafe abortions around 

the world in countries that have nothing to do with China’s familyplanning program. 

Mr. Chairman, don’t just take my word for it. The Bush Administration sent its own team to China last year to investigate the 

UNFPA’s work in 32 countries in which it was operating. This delegation, which, I underscore, was hand picked by the White House, 

hand picked by the White House, concluded that there was no evidence of UNFPA’s involvement in coercive family-planning practices in these countries. The delegation concluded that UNFPA is 

a positive force in China, promoting voluntary practices and greater respect for individual human rights. Most importantly, the delegation recommended that the United States’ contribution to 

UNFPA, held up by the Bush Administration, be released to the 

UNFPA. 

Mr. Chairman, I do not understand why the President ignored 

the recommendation of his hand-picked delegation and refused to 

give the needed funds to UNFPA. By authorizing $50 million to the 

program and by clarifying the rules under which our funds are 

given, the Crowley Amendment, very carefully crafted, will ensure 

that the U.S. once again supports the exceptional and vital work 

of this important organization. 

I strongly support Mr. Crowley’s amendment, and I urge all of 

my colleagues to do so. 

Chairman HYDE. The gentleman from Indiana, Mr. Pence. 

Mr. PENCE. Thank you, Mr. Chairman. I am, as you know, Mr. 

Chairman, like you, a Midwesterner, meaning I am not from New 

Jersey or New York, so my tone will be a little different and considerably less entertaining, but I am every bit as passionate. 

I have worked with everyone who has spoken so far on a variety 

of issues and have great respect for Mr. Crowley and his passion 

and the sincerity of his purpose in this amendment, but I would 

respectfully argue against it, not because I challenge Mr. Crowley’s 

sincerity but, rather, because I truly believe this is about the moral 

bankruptcy of the UNFPA. As we learned before this Committee in 

261

October of the year 2001, the reality of coercive abortion and voluntary sterilization, truly a brutal human rights record on reproductive issues is the reality in China. 

The testimony before this International Relations Committee, 

and I quote now:

‘‘On the first day of our investigation, we interviewed women 

in a family-planning clinic one mile from the county office of 

the UNFPA. We interviewed a 19-year-old who told us she was 

too young to be pregnant, according to the unbending familyplanning policy. She was receiving a nonvoluntary abortion in 

an adjacent room. Her friends told us sadly that she, indeed, 

desired to keep her baby, but she had no choice since the law 

forbid it.’’

Forced abortion is the reality in China, as so many have already 

acknowledged. 

China itself has recognized the contribution of the UNFPA. Mr. 

Smith, my good friend from New Jersey and co-laborer on many of 

these issues, pointed out the quote for Ms. Sedyk, the UNFPA executive director from 1987 to 2000, but when she spoke glowingly of 

the honor that she felt being associated with China’s reproductive 

policy, she did so, accepting from the Chinese Government the 

International Cooperation Honorary Prize on January 12, 2002. So 

China certainly thinks the UNFPA has been supportive, and the 

UNFPA have themselves spoken very plainly. 

Sven Burmister famously said, in August 2001,

‘‘For all of the bad press, China has achieved the impossible,’’

and he would say to the French press a few months later,

‘‘China has had the most successful family-planning policy in 

the history of mankind in terms of quantity, and with that, 

China has done mankind a favor.’’

Speaking of human life as quantity is deeply offensive to the sensibility, I believe, of virtually every American and certainly everyone 

who has spoken on this panel so far. Even Secretary of State Colin 

Powell, who has been alluded to already, said, in a letter to Congress, July 21, 2002,

‘‘The UNFPA’s support of and involvement in China’s population-planning activities allows the Chinese Government to 

implement more effectively its program of coercive abortion.’’

And so I respectfully would encourage my colleagues to oppose 

the Crowley Amendment, not because of its lack of good intention 

but, rather, because this is an organization that has consistently, 

through a variety of its leadership and through testimony before 

this Committee, demonstrated a level of moral bankruptcy. That 

we should simply continue to maintain this current prohibition on 

the expenditure of the funds of the American people who find these 

policies and any who would promote them, anyone who would 

speak favorable of them in the world community, deeply and morally offensive, and I yield back the balance of my time, Mr. Chairman. 

Chairman HYDE. The gentleman’s time has expired. The 

gentlelady from California, Ms. Lee. 

262

Ms. LEE. Thank you, Mr. Chairman. Let me thank my colleague, 

Mr. Crowley from New York, for his hard work and his leadership 

in putting together this very well-crafted amendment to restore 

vital, life-saving, and that is what this is about, life-saving, 

UNFPA funds and to clarify the intent of the Kemp-Casten provision. 

Today, women all over the world are suffering because of the 

misapplication of Kemp-Casten and the Administration’s unjustified decision to unilaterally cut off UNFPA funding. The suspension of U.S. funds, to the tune of $34 million in fiscal year 2002 

and $35 million in fiscal year 2003, has caused UNFPA to begin 

major program cuts across the globe. 

Now, what kind of programs are we talking about? We are talking about HIV/AIDS prevention and treatment initiatives. We are 

talking about voluntary family-planning programs, maternal and 

child health care programs. UNFPA does not, and let me repeat 

this, it does not provide assistance for abortion, abortion services, 

or abortion-related equipment or supplies as a method of family 

planning anywhere in the world. 

Now, what is the impact of these cuts in terms of the impact on 

its programs? It is estimated that the elimination of U.S. funds 

could result in, could result in, mind you, 552,000 abortions, over 

a million unintended pregnancies, over half a million wanted 

births, thousands of maternal and child deaths, and nearly 2.7 million women going without modern contraception. 

This is not about China, Mr. Chairman. This has nothing to do 

with China. This has to do with UNFPA and not punishing women 

as a result of our cutting these funds. We must avoid these devastating consequences by restoring this funding. We must also 

maintain and reaffirm the protections in the Kemp-Casten while 

clarifying its intent, and this amendment achieves that objective by 

prohibiting U.S. funds from going to UNFPA only if, and the 

amendment says, only if it directly supports—it prohibits U.S. 

funds, prohibits, if it supports directly or participates in coercive 

abortion or sterilization. 

So, Mr. Chairman, this is written into this amendment. It is very 

clear. So contrary to the claims that we are hearing today, 

UNFPA’s presence in China is having, as Mr. Crowley saw this 

year, having really positive, not harmful, effects. 

So on behalf of the unnecessary, and really unjustified, suffering 

of poor women all across the globe, I urge adoption of this amendment and to do it in a way that helps to save lives and helps to 

accomplish all of the things that I know both sides want to accomplish. Thank you, and I yield back the balance of my time. 

Chairman HYDE. The Governor seeks recognition. 

Mr. JANKLOW. Thank you, Mr. Chairman. I am going to be extremely brief in my comments. 

As I read the Kemp-Casten provisions, the operative language 

says that the President of the United States has to determine that 

an organization supports or participates in the management of a 

program of coercive abortion or involuntary sterilization. If that is 

unclear, there is no way you can write anything in the English language to make it any clearer. That is as clear as language can be. 

263

I don’t care what somebody is on the abortion issue, whether 

they are pro-choice or pro-life, but I have met very, very few people 

in this country who say that they support in any way anything that 

participates in a program of coerced abortion or involuntary sterilization. Well, we have had involuntary sterilizations in this country where it pertained to the mentally ill. There has been a huge 

amount of outrage and an outcry that has come up from our citizenry. 

So, to me, it is not a question of whether you are pro-choice or 

pro-life; it is a question of whether or not we are willing to allow 

our funding, taken from the taxpayers of this country, to support 

organizations that participate in the management of a program of 

coercive abortion or involuntary sterilization. That language is as 

clear as any language in the English language can be. Thank you. 

Chairman HYDE. Thank you. The question occurs on the amendment. 

Mr. ROHRABACHER. Mr. Chairman. 

Chairman HYDE. The gentleman from California, Mr. Rohrabacher. 

Mr. ROHRABACHER. Mr. Chairman, I have been here a long time, 

and I have learned to respect people on both sides of the aisle. I 

have learned to respect the point of view of my new friend from 

New York, but I have also worked many, many years with my 

friend, Mr. Smith from New Jersey, on this particular issue. It is 

pretty hard for us not to have faith in Chris Smith on this issue, 

although I have ample respect for my newfound friend on the other 

side of the aisle on this. But I think I would like to hear Mr. 

Smith’s retorts to some of the things that have been said on this, 

so I yield my time to Mr. Smith. 

Mr. SMITH OF NEW JERSEY. I thank my good friend for yielding 

and for his very kind comments. 

Let me just make a couple of points again. I believe wholeheartedly that this amendment absolutely trivializes the horrific 

human rights abuse, a crime against humanity, that is practiced 

daily—it is commonplace; it is prevalent, including in the 32 counties where the UNFPA operates—and they are coercive population 

control, forced abortion, and ruinous, draconian fines that give a 

woman no other choice but to walk into that clinic. That is the situation on the ground, and I would hope that Members would be 

aware of it. 

The UNFPA has covered itself, I say, with all due respect to my 

colleagues, in shame. For over 2 decades, they have provided a 

whitewash of these crimes against humanity—against women and 

against children. The one-child-per-couple policy relies, first and 

foremost, on a social compensation fee, and if that doesn’t work, 

other more draconian measures are incrementally levied upon that 

woman until she gives up the ghost and has that abortion because 

she has nowhere else to turn. 

We have had numerous hearings, as you know, Mr. Chairman, 

right here in this Committee room and have heard from women 

who have been coerced into having abortions. We have talked to 

women who have had their babies on the run, only to be finally apprehended by the family-planning cadres, and severe punishments 

were meted out against them. 

264

This amendment, make no mistake about it, isn’t about clarification at all. We always want to clarify. It is a nullifying amendment, 

pure and simple. It is clever, but it is a nullifying amendment 

nonetheless. 

Let me just say, in response to my colleagues about this money 

not being used for family planning via the UNFPA. Secretary of 

State Colin Powell, back in July, when he tendered his letter to 

Congress, made it very clear that, dollar for dollar, all $34 million 

would be given over to reproductive-health and family-planning 

programs elsewhere, and that effort was blocked by those who are 

enamored of the UNFPA, who said, no, only the UNFPA. 

So that money is sitting fallow, gathering dust. The State Department would love to provide that money to Afghanistan, to 

Pakistan, to help the women who are suffering right now on the 

ground, but that reprogramming has been blocked by the pro-abortion side of this debate. I say that with sadness. I want that money 

lifted and out the door and to those people who need it so badly. 

So when you talk about women who are in need, this money is 

available, but it is being blocked. 

Let me also say, when we talk about the language in this bill, 

and this is where the ‘‘cleverness’’ comes in, it kind of now puts a 

legal intent, that they have to knowingly. The UNFPA has said 

there is no coercion in China for 2 decades. We are not going to 

have a court of law. This isn’t a criminal proceeding. This is about 

who gets grant money that U.S. taxpayers provide via their taxes 

to the Federal Government. 

It is grant money, and I would want our Secretary of State and 

our President and our State Department to have the flexibility and 

the law, the backdrop of a law, that says we do not want to support 

any organization, not just the UNFPA, any organization, that supports or participates in the management of a coercive, populationcontrol program. Coercive, population-control programs to the 

women, and they are the ones who bear the most serious brunt of 

that kind of brutality, with forced abortion and involuntary sterilization, are crimes against women, are crimes against humanity. 

We don’t want to in any way enable or facilitate those kinds of 

crimes. 

So let me remind my colleagues, every dollar of the $34 million 

would go to family planning and reproductive health if the Administration were given the ability, which it has not been given by the 

pro-abortion Members, to do so. 

So I strongly urge Members not to send a message to the dictatorship in the PRC that coercion doesn’t matter. That is what the 

Crowley Amendment does. Maybe it is unwittingly because we can 

talk and rhetorically talk about we are against coercion, but for the 

woman who is suffering a coercive, population-control policy—

forced abortion or forced sterilization—talking about legal intent—

What did they know? When did they know it? Are they doing it? 

Is the consequence that the program is made more effective in its 

coercion or not? That is what the Secretary of State concluded. I 

urge opposition to the amendment. 

Chairman HYDE. The gentleman’s time has expired. The question 

occurs on the amendment offered by the gentleman from New York, 

Mr. Crowley. All those in favor say aye. 

265

[A chorus of ayes.] 

Chairman HYDE. Opposed, nay. No. 

[A chorus of nos.] 

Chairman HYDE. The Chair is in doubt and asks Ms. Rush if she 

will call the roll. 

Ms. RUSH. Mr. Leach? 

[No response.] 

Ms. RUSH. Mr. Bereuter? 

Mr. BEREUTER. No. 

Ms. RUSH. Mr. Bereuter votes no. Mr. Smith of New Jersey? 

Mr. SMITH OF NEW JERSEY. No. 

Ms. RUSH. Mr. Smith of New Jersey votes no. Mr. Burton? 

Mr. BURTON. No. 

Ms. RUSH. Mr. Burton votes no. Mr. Gallegly? 

[No response.] 

Ms. RUSH. Ms. Ros-Lehtinen? 

Ms. ROS-LEHTINEN. No. 

Ms. RUSH. Ms. Ros-Lehtinen votes no. Mr. Ballenger? 

Mr. BALLENGER. No. 

Ms. RUSH. Mr. Ballenger votes no. Mr. Rohrabacher? 

Mr. ROHRABACHER. No. 

Ms. RUSH. Mr. Rohrabacher votes no. Mr. Royce? 

Mr. ROYCE. No. 

Ms. RUSH. Mr. Royce votes no. Mr. King? 

Mr. KING. No. 

Ms. RUSH. Mr. King votes no. Mr. Chabot? 

[No response.] 

Ms. RUSH. Mr. Houghton? 

Mr. HOUGHTON. Yes. 

Ms. RUSH. Mr. Houghton votes yes. Mr. McHugh? 

[No response.] 

Ms. RUSH. Mr. Tancredo? 

Mr. TANCREDO. No. 

Ms. RUSH. Mr. Tancredo votes no. Mr. Paul? 

Mr. PAUL. No. 

Ms. RUSH. Mr. Paul votes no. Mr. Smith of Michigan? 

Mr. SMITH OF MICHIGAN. No. 

Ms. RUSH. Mr. Smith of Michigan votes no. Mr. Pitts? 

Mr. PITTS. No. 

Ms. RUSH. Mr. Pitts votes no. Mr. Flake? 

Mr. FLAKE. No. 

Ms. RUSH. Mr. Flake votes no. Mrs. Davis? 

Mrs. DAVIS. Mrs. Davis votes no. Mr. Green? 

[No response.] 

Ms. RUSH. Mr. Weller? 

Mr. WELLER. No. 

Ms. RUSH. Mr. Weller votes no. Mr. Pence? 

Mr. PENCE. No. 

Ms. RUSH. Mr. Pence votes no. Mr. McCotter? 

Mr. MCCOTTER. No. 

Ms. RUSH. Mr. McCotter votes no. Mr. Janklow? 

Mr. JANKLOW. No. 

Ms. RUSH. Mr. Janklow votes no. Ms. Harris? 

Ms. HARRIS. No. 

266

Ms. RUSH. Ms. Harris votes no. Mr. Lantos? 

Mr. LANTOS. Yes. 

Ms. RUSH. Mr. Lantos votes yes. Mr. Berman? 

Mr. BERMAN. Yes. 

Ms. RUSH. Mr. Berman votes yes. Mr. Ackerman? 

Mr. ACKERMAN. Yes. 

Ms. RUSH. Mr. Ackerman votes yes. Mr. Faleomavaega? 

Mr. FALEOMAVAEGA. Yes. 

Ms. RUSH. Mr. Faleomavaega votes yes. Mr. Payne? 

Mr. PAYNE. Yes. 

Ms. RUSH. Mr. Payne votes yes. Mr. Menendez? 

Mr. MENENDEZ. Aye. 

Ms. RUSH. Mr. Menendez votes yes. Mr. Brown? 

[No response.] 

Ms. RUSH. Mr. Sherman? 

Mr. SHERMAN. Yes. 

Ms. RUSH. Mr. Sherman votes yes. Mr. Wexler? 

[No response.] 

Ms. RUSH. Mr. Engel? 

Mr. ENGEL. Yes. 

Ms. RUSH. Mr. Engel votes yes. Mr. Delahunt? 

Mr. DELAHUNT. Yes. 

Ms. RUSH. Mr. Delahunt votes yes. Mr. Meeks? 

Mr. MEEKS. Yes. 

Ms. RUSH. Mr. Meeks votes yes. Ms. Lee? 

Ms. LEE. Yes. 

Ms. RUSH. Ms. Lee votes yes. Mr. Crowley? 

Mr. CROWLEY. Yes. 

Ms. RUSH. Mr. Crowley votes yes. Mr. Hoeffel? 

Mr. HOEFFEL. Yes. 

Ms. RUSH. Mr. Hoeffel votes yes. Mr. Blumenauer? 

Mr. BLUMENAUER. Aye. 

Ms. RUSH. Mr. Blumenauer votes yes. Ms. Berkley? 

Ms. BERKLEY. Yes. 

Ms. RUSH. Ms. Berkley votes yes. Ms. Napolitano? 

Ms. NAPOLITANO. Yes. 

Ms. RUSH. Ms. Napolitano votes yes. Mr. Schiff? 

Mr. SCHIFF. Aye. 

Ms. RUSH. Mr. Schiff votes yes. Ms. Watson? 

Ms. WATSON. Yes. 

Ms. RUSH. Ms. Watson votes yes. Mr. Smith of Washington? 

Mr. SMITH OF WASHINGTON. Yes. 

Ms. RUSH. Mr. Smith of Washington votes yes. Ms. McCollum? 

Ms. MCCOLLUM. Aye. 

Ms. RUSH. Ms. McCollum votes yes. Mr. Bell? 

Mr. BELL. Yes. 

Ms. RUSH. Mr. Bell votes yes. Mr. Chairman? 

Chairman HYDE. No. 

Ms. RUSH. Mr. Hyde votes no. 

Chairman HYDE. Mr. Green of Wisconsin? 

Ms. RUSH. Mr. Green is not recorded. 

Mr. GREEN. No. 

Mr. WEXLER. Mr. Chairman. 

Ms. RUSH. Mr. Green votes no. 

267

Chairman HYDE. Who seeks recognition? 

Mr. WEXLER. Wexler, Robert Wexler. 

Chairman HYDE. Yes, sir. 

Mr. WEXLER. How am I recorded? 

Ms. RUSH. Mr. Wexler is not recorded. 

Mr. WEXLER. May I please vote yes? 

Ms. RUSH. Mr. Wexler votes yes. 

Mr. MCHUGH. Mr. Chairman. 

Chairman HYDE. Who is seeking? 

Mr. MCHUGH. Mr. McHugh, John McHugh. 

Chairman HYDE. Mr. McHugh? 

Mr. MCHUGH. How am I recorded? 

Ms. RUSH. Mr. McHugh is not recorded. 

Mr. MCHUGH. I vote no. 

Ms. RUSH. Mr. McHugh votes no. 

Chairman HYDE. Have all voted who wish? 

Mr. MENENDEZ. Mr. Chairman. 

Chairman HYDE. Who is seeking recognition? 

Mr. MENENDEZ. Mr. Menendez. 

Chairman HYDE. Mr. Menendez? 

Mr. MENENDEZ. Mr. Chairman, how am I recorded? 

Ms. RUSH. Mr. Menendez is recorded as voting yes. 

Mr. MENENDEZ. Thank you. 

Chairman HYDE. Ms. Lee. The gentlelady is recorded as yes. I 

watched very carefully. [Laughter.] 

Mr. PAYNE. Mr. Chairman. Mr. Chairman. 

Chairman HYDE. Who is seeking recognition? 

Mr. PAYNE. I would like to know how I am recorded. 

Chairman HYDE. Don’t you remember, Mr. Payne? [Laughter.] 

Mr. PAYNE. No. [Laughter.] 

Chairman HYDE. The clerk will report. 

Mr. ACKERMAN. Mr. Chairman. 

Chairman HYDE. Who is trying to slow this down? Mr. Ackerman, of all people. 

Mr. ACKERMAN. At my advanced age, I have forgotten if I voted 

or not. How might I be recorded? 

Chairman HYDE. Tell Mr. Ackerman he voted no. No, he voted 

yes. I am sorry. 

Ms. RUSH. Mr. Ackerman? 

Mr. ACKERMAN. Yes. How did I vote? 

Ms. RUSH. Yes. 

Chairman HYDE. All right. The clerk will report. 

Ms. RUSH. On this vote, there are 23 yeses and 22 nos. 

Chairman HYDE. And the amendment is agreed to. Mr. Rohrabacher. 

Mr. ROHRABACHER. Well, all right. [Laughter.] 

Congratulations to someone and condolences to others. 

I have an amendment at the desk, Mr. Chairman. 

[The amendment of Mr. Rohrabacher follows:]

268

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H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. ROHRABACHER

Add at the end the following new title, and conform

the table of contents accordingly:

1 TITLE XV—EXPORTS OF

2 SATELLITES

3 SEC. 1501. EXPORT CONTROLS ON SATELLITES AND RE4 LATED ITEMS.

5 Notwithstanding any other provision of law, in the

6 case of the export of commercial communications satellites

7 and related items to a country that is a member of the

8 North Atlantic Treaty Organization or that is a major

9 non-NATO ally of the United States, the President may

10 determine to what extent, and under which provisions of

11 law, such export may be controlled.

12 SEC. 1502. MANDATORY STATE DEPARTMENT REVIEW.

13 (a) CERTAIN DEFENSE SERVICES.—The provision of

14 defense services by United States persons, including serv15 ices or assistance provided during technical interchange

16 meetings, in connection with the launch of a satellite from,

17 or by nationals of, the People’s Republic of China, are sub18 ject to section 38 of the Arms Export Control Act.

19 (b) NOTIFICATION TO CONGRESS.—At least 30 days

20 before any export license or any technical assistance agree21 ment is approved under subsection (a), the President shall


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1 transmit a certification with respect to such export license

2 or technical assistance agreement in the manner provided

3 in section 36(d) of the Arms Export Control Act, to the

4 Speaker of the House of Representatives and the chair5 man of the Committee on Foreign Relations of the Senate.

6 The export license or technical assistance agreement shall

7 not be approved if the Congress, within that 30-day pe8 riod, enacts a joint resolution prohibiting such approval.

9 The provisions of section 36(d)(5) of that Act shall apply

10 with respect to any such joint resolution, and the provi11 sions of section 36(f) of that Act shall apply with respect

12 to any certification submitted under this subsection.

13 SEC. 1503. EXPORT RESTRICTIONS NOT AFFECTED.

14 Nothing in this title shall be construed to—

15 (1) modify any restriction on exports imposed

16 under any other provision of law, including—

17 (A) restrictions on exports to—

18 (i) any country the government of

19 which has been determined by the Sec20 retary of State to have repeatedly provided

21 support for acts of international terrorism;

22 (ii) any country that does not adhere

23 to the Missile Technology Control Regime;

24 or


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1 (iii) any other country of proliferation

2 concern; and

3 (B) restrictions imposed under title IX of

4 the Foreign Relations Authorization Act, Fiscal

5 Years 1990 and 1991; or

6 (2) affect any provision of section 1514 or 1515

7 of the Strom Thurmond National Defense Author8 ization Act for Fiscal Year 1999 (22 U.S.C. 2778

9 note), or of title XIV of the National Defense Au10 thorization Act for FIscal Year 2000 (22 U.S.C.

11 2778 note).

12 SEC. 1504. DEFINITIONS.

13 In this title:

14 (1) DEFENSE SERVICE.—The term ‘‘defense

15 service’’ means—

16 (A) the furnishing of assistance (including

17 training) to foreign persons, whether in the

18 United States or abroad, in the design, develop19 ment, engineering, manufacture, production, as20 sembly, testing, repair, maintenance, modifica21 tion, operation, destruction, processing, or use

22 of a satellite or related items; and

23 (B) the furnishing to foreign persons,

24 whether in the United States or abroad, of any


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1 technical data in connection with a satellite or

2 related items.

3 (2) RELATED ITEMS.—The term ‘‘related

4 items’’ means the satellite fuel, ground support

5 equipment, test equipment, payload adapter or inter6 face hardware, replacement parts, and nonembedded

7 solid propellant orbit transfer engines described in

8 the report submitted to Congress by the Department

9 of State on February 6, 1998, pursuant to section

10 38(f) of the Arms Export Control Act (22 U.S.C.

11 2778(f)), as well as systems, components, parts, ac12 cessories, and associated equipment for satellites, in13 cluding ground control equipment.

14 (3) UNITED STATES PERSON.—The term

15 ‘‘United States person’’ has the meaning given that

16 term in section 16(2) of the Export Administration

17 Act of 1979 (50 U.S.C. 1415(2)).


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Chairman HYDE. The clerk will report the amendment. 

Ms. RUSH. Amendment offered by Mr. Rohrabacher: ‘‘Add at the 

end the following new title and—’’

Chairman HYDE. Without objection, further reading of the 

amendment is dispensed with, and the gentleman is recognized for 

5 minutes in support of his amendment. 

Mr. ROHRABACHER. Mr. Chairman, what basically this amendment does is permit the President of the United States to set the 

regulatory policies toward the export of satellite technology to other 

countries. 

Today, we have placed all of our satellite exports on the U.S. munitions list, which is very, very restrictive, and I support that restriction to countries that could be adversarial and hostile to the 

United States. 

Chairman HYDE. Would the gentleman yield? 

Mr. ROHRABACHER. Yes, I would. 

Chairman HYDE. We expect some Floor votes very shortly. We 

are certainly prepared to accept this very fine amendment, if the 

gentleman will take yes for an answer. 

Mr. ROHRABACHER. The answer is, yes, I will. If it needs further 

explanation, I will be happy to do so. This takes care of American 

security while making sure we can export to our friends while 

keeping restrictions on our potential enemies. Thank you. 

Chairman HYDE. Mr. Faleomavaega seems to have something to 

say. 

Mr. FALEOMAVAEGA. No. I just wanted to seek immediate——

Chairman HYDE. You were agreeing. The question occurs on the 

amendment offered by the gentleman from California. All of those 

in favor, say aye. 

[A chorus of ayes.] 

Chairman HYDE. Opposed, nay. 

[No response.] 

Chairman HYDE. The ayes have it. The amendment is agreed to. 

Mr. Lantos. 

Mr. LANTOS. Thank you, Mr. Chairman. Mr. Chairman, I have 

an amendment at the desk. 

[The amendment of Mr. Lantos follows:]

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AMENDMENT TO H.R. 1950

OFFERED BY MR. LANTOS, MR. HYDE, AND MR.

ACKERMAN

At the end of division B of the bill, add the following

(and conform the table of contents accordingly):

1 TITLE XV—ISRAELI-PALES2 TINIAN PEACE ENHANCE3 MENT ACT OF 2003

4 SEC. 1501. SHORT TITLE.

5 This title may be cited as the ‘‘Israeli-Palestinian

6 Peace Enhancement Act of 2003’’.

7 SEC. 1502. FINDINGS.

8 Congress makes the following findings:

9 (1) The security of the State of Israel is a

10 major and enduring national security interest of the

11 United States.

12 (2) A lasting peace in the Middle East region

13 can only take root in an atmosphere free of violence

14 and terrorism.

15 (3) The Palestinian people have been ill-served

16 by leaders who, by resorting to violence and ter17 rorism to pursue their political objectives, have

18 brought economic and personal hardship to their


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1 people and brought a halt to efforts seeking a nego2 tiated settlement of the conflict.

3 (4) The United States has an interest in a Mid4 dle East in which two states, Israel and Palestine,

5 will live side by side in peace and security.

6 (5) In his speech of June 24, 2002, and in

7 other statements, President George W. Bush out8 lined a comprehensive vision of the possibilities of

9 peace in the Middle East region following a change

10 in Palestinian leadership.

11 (6) A stable and peaceful Palestinian state is

12 necessary to achieve the security that Israel longs

13 for, and Israel should take concrete steps to support

14 the emergence of a viable, credible Palestinian state.

15 (7) The Palestinian state must be a reformed,

16 peaceful, and democratic state that abandons forever

17 the use of terror.

18 (8) On April 29, 2003, the Palestinian Legisla19 tive Council confirmed in office, by a vote of 51

20 yeas, 18 nays, and 3 abstentions, the Palestinian

21 Authority’s first prime minister, Mahmoud Abbas

22 (Abu Mazen), and his cabinet.

23 (9) In his remarks prior to the vote of the Pal24 estinian Legislative Council, Mr. Abbas declared:

25 ‘‘The government will concentrate on the question of


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1 security . . . The unauthorized possession of weap2 ons, with its direct threat to the security of the pop3 ulation, is a major concern that will be relentlessly

4 addressed . . . There will be no other decision-mak5 ing authority except for the Palestinian Authority.’’.

6 (10) In those remarks, Mr. Abbas further stat7 ed: ‘‘We denounce terrorism by any party and in all

8 its forms both because of our religious and moral

9 traditions and because we are convinced that such

10 methods do not lend support to a just cause like

11 ours but rather destroy it.’’.

12 (11) Israel has repeatedly indicated its willing13 ness to make painful concessions to achieve peace

14 once there is a partner for peace on the Palestinian

15 side.

16 SEC. 1503. PURPOSES.

17 The purposes of this title are—

18 (1) to express the sense of Congress with re19 spect to United States recognition of a Palestinian

20 state; and

21 (2) to demonstrate United States willingness to

22 provide substantial economic and humanitarian as23 sistance, and to support large-scale multilateral as24 sistance, after the Palestinians have achieved the reVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00281 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 forms outlined by President Bush and have achieved

2 peace with the State of Israel.

3 SEC. 1504. SENSE OF CONGRESS.

4 It is the sense of Congress that—

5 (1) peace between Israel and the Palestinians

6 cannot be negotiated until the Palestinian system of

7 government has been transformed along the lines

8 outlined in President Bush’s June 24, 2002, speech;

9 (2) substantial United States and international

10 economic assistance will be needed after the Pal11 estinians have achieved the reforms described in sec12 tion 620K(c)(2) of the Foreign Assistance Act of

13 1961 (as added by section 1506 of this Act) and

14 have made a lasting and secure peace with Israel;

15 (3) the Palestinian people merit commendation

16 on the confirmation of the Palestinian Authority’s

17 first prime minister, Mahmoud Abbas (Abu Mazen),

18 and his cabinet;

19 (4) the new Palestinian administration urgently

20 should take the necessary security-related steps to

21 allow for implementation of a performance-based

22 road map to resolve the Israeli-Palestinian conflict;

23 (5) the United States Administration should

24 work vigorously toward the goal of two states living

25 side-by-side in peace within secure and internationVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00282 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 ally-recognized boundaries free from threats or acts

2 of force; and

3 (6) the United States has a vital national secu4 rity interest in a permanent, comprehensive, and

5 just resolution of the Arab-Israeli conflict, and par6 ticularly the Palestinian-Israeli conflict, based on the

7 terms of United Nations Security Council Resolu8 tions 242 and 338.

9 SEC. 1505. RECOGNITION OF A PALESTINIAN STATE.

10 It is the sense of Congress that a Palestinian state

11 should not be recognized by the United States until the

12 President determines that—

13 (1) a new leadership of a Palestinian governing

14 entity, not compromised by terrorism, has been

15 elected and taken office; and

16 (2) the newly-elected Palestinian governing

17 entity—

18 (A) has demonstrated a firm and tangible

19 commitment to peaceful coexistence with the

20 State of Israel and to ending anti-Israel incite21 ment, including the cessation of all officially

22 sanctioned or funded anti-Israel incitement;

23 (B) has taken appropriate measures to

24 counter terrorism and terrorist financing in the

25 West Bank and Gaza, including the dismantling


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1 of terrorist infrastructures and the confiscation

2 of unlawful weaponry;

3 (C) has established a new Palestinian secu4 rity entity that is fully cooperating with the ap5 propriate Israeli security organizations;

6 (D) has achieved exclusive authority and

7 responsibility for governing the national affairs

8 of a Palestinian state, has taken effective steps

9 to ensure democracy, the rule of law, and an

10 independent judiciary, and has adopted other

11 reforms ensuring transparent and accountable

12 governance; and

13 (E) has taken effective steps to ensure that

14 its education system promotes the acceptance of

15 Israel’s existence and of peace with Israel and

16 actively discourages anti-Israel incitement.

17 SEC. 1506. LIMITATION ON ASSISTANCE TO A PALESTINIAN

18 STATE.

19 Chapter 1 of part III of the Foreign Assistance Act

20 of 1961 (22 U.S.C. 2351 et seq.) is amended—

21 (1) by redesignating the second section 620G

22 (as added by section 149 of Public Law 104–164

23 (110 Stat. 1436)) as section 620J; and

24 (2) by adding at the end the following new sec25 tion:


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1 ‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO A PALES2 TINIAN STATE.

3 ‘‘(a) LIMITATION.—

4 ‘‘(1) IN GENERAL.—Notwithstanding any other

5 provision of law, assistance may be provided under

6 this Act or any other provision of law to the govern7 ment of a Palestinian state only during a period for

8 which a certification described in subsection (c) is in

9 effect. The limitation contained in the preceding sen10 tence shall not apply (A) to humanitarian or devel11 opment assistance that is provided through non12 governmental organizations for the benefit of the

13 Palestinian people in the West Bank and Gaza, or

14 (B) to assistance that is intended to reform the Pal15 estinian Authority and affiliated institutions, or a

16 newly elected Palestinian governing entity, in order

17 to help meet the requirements contained in subpara18 graphs (A) through (H) of subsection (c)(2) or to

19 address the matters described in subparagraphs (A)

20 through (E) of section 1505(2) of the Israeli-Pales21 tinian Peace Enhancement Act of 2003.

22 ‘‘(2) WAIVER.—The President may waive the

23 limitation of the first sentence of paragraph (1) if

24 the President determines and certifies to the Com25 mittee on International Relations of the House of

26 Representatives and the Committee on Foreign ReVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00285 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL

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1 lations of the Senate that it is vital to the national

2 interest of the United States to do so.

3 ‘‘(b) CONGRESSIONAL NOTIFICATION.—

4 ‘‘(1) IN GENERAL.—Assistance made available

5 under this Act or any other provision of law to a

6 Palestinian state may not be provided until 15 days

7 after the date on which the President has provided

8 notice thereof to the Committee on International Re9 lations and the Committee on Appropriations of the

10 House of Representatives and to the Committee on

11 Foreign Relations and the Committee on Appropria12 tions of the Senate in accordance with the proce13 dures applicable to reprogramming notifications

14 under section 634A(a) of this Act.

15 ‘‘(2) SUNSET.—Paragraph (1) shall cease to be

16 effective beginning ten years after the date on which

17 notice is first provided under such paragraph.

18 ‘‘(c) CERTIFICATION.—A certification described in

19 this subsection is a certification transmitted by the Presi20 dent to Congress that—

21 ‘‘(1) a binding international peace agreement

22 exists between Israel and the Palestinians that—

23 ‘‘(A) was freely signed by both parties;

24 ‘‘(B) guarantees both parties’ commitment

25 to a border between two states that constitutes


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1 a secure and internationally recognized bound2 ary for both states, with no remaining terri3 torial claims;

4 ‘‘(C) provides a permanent resolution for

5 both Palestinian refugees and Jewish refugees

6 from Arab countries; and

7 ‘‘(D) includes a renunciation of all remain8 ing Palestinian claims against Israel through

9 provisions that commit both sides to the ‘‘end

10 of the conflict’’; and

11 ‘‘(2) the new Palestinian government—

12 ‘‘(A) has been democratically elected

13 through free and fair elections, has exclusive

14 authority and responsibility for governing the

15 national affairs of the Palestinian state, and

16 has achieved the reforms outlined by President

17 Bush in his June 24, 2002, speech;

18 ‘‘(B) has completely renounced the use of

19 violence against the State of Israel and its citi20 zens, is vigorously attempting to prevent any

21 acts of terrorism against Israel and its citizens,

22 and punishes the perpetrators of such acts in a

23 manner commensurate with their actions;


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1 ‘‘(C) has dismantled, and terminated the

2 funding of, any group within its territory that

3 conducts terrorism against Israel;

4 ‘‘(D) is engaging in ongoing and extensive

5 security cooperation with the State of Israel;

6 ‘‘(E) refrains from any officially sanctioned

7 or funded statement or act designed to incite

8 Palestinians or others against the State of

9 Israel and its citizens;

10 ‘‘(F) has an elected leadership not com11 promised by terror;

12 ‘‘(G) is demilitarized; and

13 ‘‘(H) has no alliances or agreements that

14 pose a threat to the security of the State of

15 Israel.

16 ‘‘(d) RECERTIFICATIONS.—Not later than 90 days

17 after the date on which the President transmits to Con18 gress an initial certification under subsection (c), and

19 every 6 months thereafter for the 10-year period beginning

20 on the date of transmittal of such certification—

21 ‘‘(1) the President shall transmit to Congress a

22 recertification that the requirements contained in

23 subsection (c) are continuing to be met; or


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1 ‘‘(2) if the President is unable to make such a

2 recertification, the President shall transmit to Con3 gress a report that contains the reasons therefor.

4 ‘‘(e) RULE OF CONSTRUCTION.—A certification

5 under subsection (c) shall be deemed to be in effect begin6 ning on the day after the last day of the 10-year period

7 described in subsection (d) unless the President subse8 quently determines that the requirements contained in

9 subsection (c) are no longer being met and the President

10 transmits to Congress a report that contains the reasons

11 therefor.’’.

12 SEC. 1507. AUTHORIZATION OF ASSISTANCE TO A PALES13 TINIAN STATE.

14 Chapter 1 of part III of the Foreign Assistance Act

15 of 1961 (22 U.S.C. 2351 et seq.), as amended by section

16 1506, is further amended by adding at the end the fol17 lowing new section:

18 ‘‘SEC. 620L. AUTHORIZATION OF ASSISTANCE TO A PALES19 TINIAN STATE.

20 ‘‘(a) ASSISTANCE.—The President is authorized to

21 provide assistance to a Palestinian state in accordance

22 with the requirements of this section.

23 ‘‘(b) ACTIVITIES TO BE SUPPORTED.—Assistance

24 provided under subsection (a) shall be used to support ac25 tivities within a Palestinian state to substantially improve


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H.L.C.

1 the economy and living conditions of the Palestinians by,

2 among other things, providing for economic development

3 in the West Bank and Gaza, continuing to promote democ4 racy and the rule of law, developing water resources, as5 sisting in security cooperation between Israelis and Pal6 estinians, and helping with the compensation and rehabili7 tation of Palestinian refugees.

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—Of the

9 amounts made available to carry out chapter 4 of part

10 II of this Act for a fiscal year, there are authorized to

11 be appropriated to the President to carry out subsections

12 (a) and (b) such sums as may be necessary for each such

13 fiscal year.

14 ‘‘(d) COORDINATION OF INTERNATIONAL ASSIST15 ANCE.—

16 ‘‘(1) IN GENERAL.—Beginning on the date on

17 which the President transmits to Congress an initial

18 certification under section 620K(c), the Secretary of

19 State shall seek to convene one or more donors con20 ferences to gain commitments from other countries,

21 multilateral institutions, and nongovernmental orga22 nizations to provide economic assistance to Palestin23 ians to ensure that such commitments to provide as24 sistance are honored in a timely manner, to ensure

25 that there is coordination of assistance among the


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1 United States and such other countries, multilateral

2 institutions, and nongovernmental organizations, to

3 ensure that the assistance provided to Palestinians is

4 used for the purposes for which is was provided, and

5 to ensure that other countries, multilateral institu6 tions, and nongovernmental organizations do not

7 provide assistance to Palestinians through entities

8 that are designated as terrorist organizations under

9 United States law.

10 ‘‘(2) REPORT.—Not later than 180 days after

11 the date of the enactment of this section, and on an

12 annual basis thereafter, the Secretary of State shall

13 prepare and submit to the Committee on Inter14 national Relations and the Committee on Appropria15 tions of the House of Representatives and the Com16 mittee on Foreign Relations and the Committee on

17 Appropriations of the Senate a report that describes

18 the activities undertaken to meet the requirements

19 of paragraph (1), including a description of amounts

20 committed, and the amounts provided, to a Pales21 tinian state or Palestinians during the reporting pe22 riod by each country and organization.’’.


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Chairman HYDE. The clerk will report. 

Ms. RUSH. Amendment offered by Mr. Lantos. At the end of division B of the bill, add the following [and conform the table of contents accordingly.] 

Mr. LANTOS. I ask unanimous consent that the reading be dispensed with. 

Chairman HYDE. Without objection, so ordered. The gentleman is 

recognized for 5 minutes in support of his amendment. 

Mr. LANTOS. Mr. Chairman, the room is not in order. 

Chairman HYDE. Could we have order, please? It is a very important amendment, very significant. I would like to have everyone’s 

attention. Thank you. The gentleman is recognized. 

Mr. LANTOS. Thank you very much, Mr. Chairman. Mr. Chairman, this is a time of some hope, cautious hope, in Israeli-Palestinian relations. However bright or dim that glimmer of hope may 

be, it is our responsibility in Congress to make sure that it shines 

as brightly as possible and into the right places. The amendment 

that I and my good friend from New York, Mr. Ackerman, are proposing will do exactly that, and I would like to explain it. 

As you know, Mr. Chairman, a few days ago, I was in Ramallah, 

and I met with the Palestinian Prime Minister, Mahmoud Abbas, 

known as Abu Massin, and I had a long and very candid discussion 

with him. I made it clear to him that he will have the support of 

the Congress and the American people if, in fact, he undertakes the 

task of effectively terminating terrorist activities against the people 

of the state of Israel. 

I made it clear to him that this can be done by only one method. 

It cannot be done by negotiating a cease fire with the terrorist organizations like Hamas or Islamic Jihad because a cease fire would 

give us a momentary respite, which would be received by most with 

euphoria, and when negotiations turned difficult, terrorism would 

resume with intensified fury, and the process would collapse. 

The only way Abu Massin will be able to lead his people, who 

so richly deserve an infinitely better life than their current leadership has given them, is to destroy the terrorist mechanism, and 

this will clearly be possible only by confronting Hamas, Islamic 

Jihad by force, confiscating their weapons, arresting their leaders, 

and destroying their infrastructure. Unless Abu Massin is prepared 

to do this, we will continue to see suicide bombing and the justified 

retaliation and the tragic anguish of both the Palestinian and 

Israeli people. 

Mr. Abu Massin’s words were encouraging. He wrote to me in a 

letter following our meeting: ‘‘I believe that terrorism is wrong, on 

both religious and moral grounds, because it damages our cause.’’ 

Nevertheless, Abu Massin’s and the Palestinians’ success will be 

determined by performance, not by statements. Abu Massin understands, and he and I discussed this at great length, that no 

progress can take place unless the new Palestinian Authority puts 

an end to terror and violence by totally dismantling the terrorist 

infrastructure. 

Our amendment seeks to reward positive Palestinian performance. It foresees a day when the vision of two states living side by 

side in peace and security will be more than a dream. Our amendment makes it clear that the United States will recognize and proVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00292 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL
287

vide significant assistance to the Palestinian state, and it will go 

beyond even that. Our amendment calls on our Secretary of State 

to organize a vast, international assistance program for the Palestinians, based, as a first step, on an international donors conference. At the same time, our amendment ensures that the United 

States will undertake all of these initiatives on behalf of the government of a future Palestinian state only if it has ascertained that 

that state has earned those benefits. 

To do so, broadly speaking, Mr. Chairman, that state shall have 

made permanent peace with the state of Israel, it established that 

it has dismantled all terrorist infrastructure, and is otherwise effectively combating terrorism. It has reformed its government along 

the lines set out by our President in his landmark speech of June 

24, in particular, by establishing a democracy that features the 

rule of law, an independent judiciary, and transparency in all governmental actions. All of the criteria for U.S. recognition and assistance, set out in greater detail in our amendment, are rooted in 

these principles. 

Our amendment is inspired by the classic, carrot-and-stick diplomacy. On the one hand, it sends a clear message to the Palestinian 

people that they can have no better friend than the United States 

Congress, but it sends an equally powerful message that they must 

be deserving of that friendship by terminating terrorism once and 

for all. 

I am honored to join my good friend, Congressman Ackerman, in 

sponsoring this important amendment. I am deeply grateful for 

your support of this amendment, Mr. Chairman, and I urge all of 

our colleagues to join us in supporting it. It is my fondest wish that 

it will be an incentive for peace, that it will serve the interests and 

fulfill the dreams of both the Israeli and Palestinian people and 

that, at long last, will bring peace, stability, and a civilized life to 

that long-suffering part of the world. Thank you, Mr. Chairman. 

Chairman HYDE. Thank you, Mr. Lantos. Mr. Pence. 

Mr. PENCE. Thank you, Mr. Chairman. I want to strongly support and admire the Lantos Amendment and express my appreciation for Mr. Lantos’s extraordinary leadership in this area on behalf of the United States. 

As an evangelical, Christian conservative from the Midwest, I 

have a passion for the dream that is Israel. It has been a dream 

that has been a reality this last half-century, and there are little 

buckboard churches that dot the landscape of my heartland district 

where that dream and that passion is every bit as real as the precincts that Mr. Ackerman and the esteemed Mr. Lantos represent. 

Mr. Chairman, if the Palestinian militants put their weapons 

down today, there would be no more suicide bombings, there would 

be no more innocent students killed, civilians killed at sidewalk 

cafes. If Israel were to put its weapons down, there would be no 

more Israel. It is, therefore, only logical that we support the Lantos 

Amendment, which expresses a Palestinian’s first approach to concessions in the road map for peace that Secretary of State Powell 

will begin to implement when he arrives in Israel this weekend. 

In some sense, Mr. Chairman, I am not entirely certain we even 

need a road map for peace. What we do need, as Mr. Lantos has 

said again and again on the national and international stage and 

288

even to the new leadership of the Palestinian Authority, we need 

Palestinians to recognize the right of Israel to exist, which is a 

blood-bought right established with six million souls, an American 

and Allied military power a half-century ago. 

Now, we need this approach particularly, Mr. Chairman, because 

Palestinian militants have made it clear that they want no part of 

this road map for peace. They have one goal in mind. Hamas 

Spokesman Abdel Aziz Rantesi has even said,

‘‘We will strike the Zionist enemy in each and every corner of 

Palestine until the end of the occupation, rejecting the road 

map for peace.’’

He even called Prime Minister Habas’s plea for an end to suicide 

bombings ‘‘strange and unrealistic.’’

I also want to associate myself with Mr. Lantos’s call that the 

Prime Minister must not only crack down on terrorism, but he 

must also crack down on the infrastructure of terrorism within the 

jurisdiction of the Palestinian Authority: Hamas, Islamic Jihad, 

and others. If he cannot control the terrorist factions and their infrastructure from within his own people, it is difficult for this Midwesterner to see how he can possibly be able to negotiate a peaceful, long-term solution under a road map. 

I support the Lantos Amendment to this Department of State authorization and strongly and urgently encourage every Member of 

this Committee and this institution to do the same. 

Chairman HYDE. The gentleman from New York, Mr. Ackerman, 

a co-sponsor of the amendment. 

Mr. ACKERMAN. Thank you very much, Mr. Chairman. I strongly 

support the amendment and urge all of our colleagues to do so as 

well. I want to express my great appreciation for Mr. Lantos and 

his staff, as well as Chairman Hyde and his staff, for working so 

diligently to come up with the language that was acceptable to all 

parties in this amendment. 

Mr. Chairman, the victory of coalition forces in Iraq has changed 

the facts on the ground in the Middle East and provided the United 

States with a new momentum to pursue peace between Israelis and 

Palestinians. The Palestinians have appointed a new Prime Minister, with whom I had the opportunity to speak with over the 

phone last week and came away with the same very cautious degree of new optimism in this process. As we know, Abu Mazen, the 

new Prime Minister, appointed a new cabinet, ousted much of Arafat’s cabinet, and they together must undertake the hard and necessary work of stopping terror. 

The Government of Israel has said numerous times that if terror 

stops, then Israel is ready to make the painful concessions for 

peace. Secretary Powell is on his way to the region to try to move 

that process forward. 

Now is the time when the Congress should be heard. We should 

speak loudly and clearly regarding how we will help the Palestinian people when they have forever renounced terror and truly 

fight it, when they establish a transparent and accountable government, and when they reach peace with Israel. As President Bush 

has said,

289

‘‘If the Palestinian people actively pursue these goals, America 

and the world will actively support their efforts.’’

This is our opportunity to support the President’s words and his efforts. 

The amendment does two basic things. First, it highlights the 

President’s vision of peace in the Middle East by authorizing the 

full range of economic and development assistance to a new Palestinian state that the United States commonly provides to other developing nations, but it does so after the Palestinian people elect 

new leaders not compromised by terror, after the Palestinian people create new democratic and transparent governing institutions 

and have reached peace with Israel. 

The second thing the amendment does is further emphasize the 

concerns that many of us have, which were expressed in a letter 

sent to the President, which was signed by over 300 House Members, that the peace process remain a performance-based initiative. 

The amendment does this by urging the President not to recognize 

a Palestinian state until they have achieved the goals that he laid 

out in his June 24, 2002 speech. 

I thank all of the Members for cooperating on this, and I urge 

adoption of the amendment. 

Chairman HYDE. Mr. Bereuter. 

Mr. BEREUTER. Thank you, Mr. Chairman. I speak in support of 

the amendment, and I want to commend the gentleman from California, Mr. Lantos, Mr. Ackerman, and the Chairman for their initiative. 

President Bush, I think, is the first President to say we will have 

no peace between Palestine and Israel until we have a separate 

Palestinian state, and he has reiterated that on a couple of other 

public occasions, and I think that is exactly right. 

The certification requirements that the gentleman has crafted 

here, I think, are entirely reasonable, responsible, and sufficiently 

comprehensive that it provides the carrots, the incentives, and the 

limitations necessary, and I just think it is an extraordinarily fine 

effort, and it should move us along if the parties are willing to be 

moved. And so I strongly support them and commend them for 

their effort. Thank you. 

Chairman HYDE. I appreciate the efforts of the gentleman from 

California to work with us on this very important amendment. The 

idea here is to send a signal, and we hope it is a signal that won’t 

be ignored. What we are trying to say is if the Palestinians follow 

through, they will be embraced by the United States. We will provide support. We will seek support for them from others, and we 

are going to permit aid to flow to a provisional Palestinian state 

even before a final peace treaty is signed that helps the Palestinians meet the President’s and the world’s standards as expressed 

in the road map. 

I hope we will be heard loudly and clearly and that responsible 

Palestinians will heed us, and I am going to ask that we do this 

by voice vote. 

Mr. ENGEL. Mr. Chairman. 

Chairman HYDE. Who is seeking recognition? 

Mr. ENGEL. Engel. 

Chairman HYDE. Mr. Engel. 

290

Mr. ENGEL. Thank you, Mr. Chairman. I will be brief. 

Chairman HYDE. Just a moment, Mr. Engel. We will adjourn, recess, to cover the vote. There are three votes on the Floor, three 

post offices that must be named. [Laughter.] 

And so we will go over and do that, grab a bite to eat, wolf it 

down, and come back by, let us say—1:15 p.m.—and then we will 

finish this amendment and other amendments of equal import. The 

Committee stands in recess. 

[Whereupon, a recess was taken.] 

Chairman HYDE. The Committee will come to order. If we could 

close the doors? Thank you. That keeps out the walk-in trade, 

which can be disruptive. 

When the Committee recessed, the Lantos amendment relating 

to the Israeli-Palestinian Peace Enhancement Act of 2003 was 

pending, and the Chair recognizes the gentlelady from Florida, Ms. 

Ros-Lehtinen. 

Ms. ROS-LEHTINEN. Thank you so much, Mr. Chairman. I commend the work that you and Mr. Lantos have done on this very important amendment, and I support the tone, the framework and 

the overall text of the amendment. We are all hopeful that a secure 

and lasting peace will become a reality and soon. 

This amendment clearly sets out the conditions established by 

President Bush in his June 24, 2002, speech requiring an end to 

Palestinian terrorism as an unconditional, over arching prerequisite for a two state solution. 

However, I would like to simply note some concerns that I and 

others have about a few of the changes made to the text prior to 

its submission as an amendment such as the waiver section, which 

is now at a lower threshold by allowing the President to waive if 

it is merely in the national interest rather than vital to the national security interest of the United States. However, I know that 

we can work on these in the coming weeks as we prepare the bill 

for Floor consideration. 

I look forward to working closely with you, Mr. Chairman and 

our Ranking Member, Mr. Lantos, on these issues, and that is why 

I hope our Committee adopts the amendment as is, and we will 

move forward as we continue to draft the bill on to the House Floor 

consideration. 

Thank you, Mr. Chairman. 

Chairman HYDE. I thank the gentlelady. 

The gentleman from New York, Mr. Engel? 

Mr. ENGEL. Thank you, Mr. Chairman. I rise in support, of 

course, in support of this excellent and balanced amendment. 

I think it really says what all of us believe—that we hope and 

pray that there will be peace. And there will be ultimately a two 

state solution and that everyone understands that terrorism cannot 

be used as a negotiating tool. It lays out very, very distinctly what 

the Palestinian side, as well as the Israeli side, has to do in order 

to have this kick in. 

I want to emphasize that it is the sense of Congress, and I quote:

‘‘. . . that a Palestinian state should not be recognized by the 

United States until the President determines . . .’’

and it goes on. One is:

291

‘‘A new leadership of Palestinian governing entity not compromised by terrorism,’’

and talks about:

‘‘. . . 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.’’

To me, the terrorism issue is key, and I believe that the Palestinian side needs to show that it is ending terrorism as a negotiating tool and proactively going after terrorists. That needs to be 

the bottom line that needs to happen first before the road map can 

be implemented. I do not think that you can have any party sitting 

and negotiating as long as terror is going on. 

I think we have to keep in mind the many reasons why Oslo 

failed, and to me the primary reason why Oslo failed is because 

Arafat’s feet were not held to the fire. He was allowed to constantly 

wink and say one thing in Arabic and quite another thing in 

English and look the other way, and everybody so hoped for there 

to be a peaceful settlement that everybody did not hold his feet to 

the fire. We will not make that same mistake again. 

There is a new Palestinian Prime Minister, and while we are all 

hopeful that he will follow a different path, I do not think the euphoria should happen just quite yet. I hope that he will be able to 

curb the violence. I hope that Mr. Arafat will not continue to undermine him, but again I want to say that we need to stop the terror first. 

I also want to mention that I think the road map needs to be performance based and not time based. I think that the Palestinian 

statehood in 2004 and 2005 should come about again only if the 

Palestinians meet their obligation. You do not move from step one 

to step two and then from step two to step three unless step one 

and step two have been fulfilled, and we need to make clear that 

that is the situation. I think this amendment does that, and that 

is one of the reasons why I support it. 

Again, I believe the curbing of terrorism is the key. Let us not 

forget that Yassir Arafat walked away from an agreement that the 

Israelis accepted that was negotiated under the previous Administration, which was very, very generous. It gave him 100 percent of 

Gaza, 97 percent of the West Bank, a Palestinian state, billions of 

dollars of international aid. 

He walked away, did not offer a counter proposal, which showed 

he was not really serious about coming to a signed agreement. He 

then used the Intifada as a negotiating tool to perpetuate the violence to further his ways. I think we have to keep that in mind. 

I think this again is an excellent amendment, and I fully support 

it. Thank you, Mr. Chairman. 

Chairman HYDE. Is there any further discussion? 

Mr. JANKLOW. Mr. Chairman? Mr. Chairman? 

Chairman HYDE. Mr. Janklow? 

Mr. JANKLOW. Mr. Chairman, thank you very much. I will be extremely brief. 

When the meetings were held in Oslo, everybody was excited. Everybody was enthusiastic that now the corner would been turned. 

292

When the meetings were held in Dayton, people thought that now 

maybe the corner will be turned. When peace was made with Jordan and Israel, and Sadat sat down with the Prime Minister of 

Israel, and they were able to work out many—not all, but many—

of their problems, the world was hopeful. 

Now we are down to the point where once again we see certain 

steps being taken on the Palestinian side, and we also hear words 

which make us all feel that once again it is time to be hopeful. Now 

the time has really come to match the hopeful words with the hopeful deeds. 

This proposed amendment goes right to the heart and core of 

what it is the government really ought to be doing, and that is to 

encourage other governments. I should say this Committee and this 

Congress. That is to encourage other governments to settle their 

disputes in a peaceful manner, to settle their disputes in a sensible 

manner. 

Not long ago I was in Israel. As a Member of this Committee, 

we took a tour of Israel. It was just incredible that I saw a Palestinian mother and a Jewish mother sitting side by side in the basement of a shopping center filling out their forms to get free gas 

masks. Here were two mothers, one a Palestinian and the other a 

Jew, trying to figure out how to get their forms filled out so they 

could get free gas masks for their children. If they can sit side by 

side to make sure that their families are safe, they can all work 

side by side to figure out how to bring peace. 

For too long we have lived in a world, we have really lived in a 

world where people are measured on the basis of their nationality 

or their race or their color or where they happen to come from. It 

is terribly important that the additional steps now be made by the 

right people in the Palestinian and the Israeli world to truly do 

what they can to bring peace to the area. 

This is a good piece of legislation, Mr. Chairman, and I am enthusiastic about being able to say that I support it and I believe 

in it. Thank you. 

Chairman HYDE. Thank you. 

Mr. Rohrabacher? 

Mr. ROHRABACHER. Thank you very much, Mr. Chairman. I rise 

in support of the amendment. 

Let me note that I have not always supported different efforts 

that portended to be in this direction and the direction that this 

amendment is all about. I have not found that the only cause for 

the problem in the Middle East has been intransigence on the part 

of the Palestinians or the Arabs. 

I have found there are people with hearts that are filled with 

hate on both sides of this conflict. I have found that in the past, 

just as there are certainly many Palestinians and Arabs who have 

suggested that the right of Israel to exist—that they denied the 

right of Israel to exist in the strongest of terms, but I will have to 

say that among my Jewish friends and Israeli supporters I have 

also found a commitment by many people whose hearts are hardened that the Palestinian people just do not exist, and they do not 

have a right to exist. 

This type of notion and mind set on both sides I think has created a horrible catastrophe for the Middle East, the people of Israel 

293

and the Palestinian people. I believe that now, after our President 

has made the commitment that he did months ago to free and liberate the people of Iraq and that we made ourselves activists in 

this region, we now, because of the success of the operation in Iraq, 

have a tremendous opportunity to end this impasse between the 

Palestinians and the Israelis. 

I think this legislation is a positive step forward in trying to end 

that impasse. I think that in this piece of legislation, and I might 

add, Mr. Chairman, I did not sign onto the letter that went to the 

President which only stressed the things the Palestinians must do 

in order to end the impasse. I received some criticism because of 

that. 

Let me note that this bill also suggests some things that Israel 

is expected to do and will do under certain preconditions, and the 

preconditions are totally justified, and that is, of course, the ending 

of terrorist acts, et cetera. 

I would hope that nobody is waiting for the other side to move 

and that both sides begin to move simultaneously toward doing 

those things that will end this horrible blood letting and this impasse that has paralyzed that part of the world. 

In this amendment, we see for the first time and I believe this 

will be the first time that a Committee of Congress has voted that 

there will be a recognition of a State of Palestinian if certain preconditions are met. As I say, I believe the preconditions are reasonable. 

Also, I note in here that it mentions fulfilling a peace agreement 

that also is consistent with U.N. Security Council Resolution 242 

and 338. These resolutions are not often quoted by supporters of 

Israel. 

Let me note that is a tremendous step forward, and I would hope 

that people in the Arab states and the Palestinian people note this 

as a very positive step, and then we need to see from them the 

positive steps that are talked about from them in this bill, which 

is a no tolerance policy for the killing of Israeli women and children 

in order to try to terrorize the State of Israel into one policy or another or try to eliminate Israel from the face of the earth. What we 

need now is both sides, the good-hearted people on both sides, to 

take a step forward, and I believe this amendment is a major step 

forward. 

One note as well. I understand that there is some possible movement on the part of Syria. I would encourage all the players in the 

Middle East, the Syrians and the Palestinians and the Israelis and 

the people from Lebanon and Egypt. All of them now should look 

at this as a window of opportunity to try to end the conflict and 

to try to establish a new order which will permit Israel to live side 

by side in peace and security with the rest of the countries of that 

region, and thus that region will prosper, and that region will be 

at peace. 

There is no better gift than we can give to all of the people—

Arabs, Muslims, Christians, Palestinians, Israelis, you name it—

than to try to bring about peace in that region, and I am deeply 

in support of this as a step forward in that direction. 

Chairman HYDE. The question occurs on the amendment offered 

by the gentleman from California. All those in favor say aye? 

294

[Chorus of ayes.] 

Chairman HYDE. Opposed, nay? 

[No response.] 

Chairman HYDE. The ayes have it unanimously, and the amendment is agreed to. 

Mr. SMITH OF MICHIGAN. Mr. Chairman? 

Chairman HYDE. Mr. Nick Smith is recognized. 

Mr. SMITH OF MICHIGAN. Mr. Chairman, I have an amendment 

at the desk which I had intended to offer when the Hyde-Lantos 

amendment was pending. My intention was to make clarifying 

changes in that part of the amendment dealing with the international ag biotechnology program. 

[The amendment of Mr. Smith of Michigan follows:]

295

1

H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. SMITH OF MICHIGAN

Page 154, after line 12, insert the following new section:

1 SEC. 726. INTERNATIONAL AGRICULTURAL BIO2 TECHNOLOGY INFORMATION PROGRAM.

3 (a) IN GENERAL.—The Department of State shall

4 provide to other countries, as appropriate, the scientific

5 evidence on the benefits, safety, and potential uses of agri6 cultural biotechnology.

7 (b) SPECIFIC OBJECTIVES.—The Secretary of State

8 shall—

9 (1) chair an interagency task force comprised of

10 representatives of the Department of Commerce, the

11 Department of Agriculture, and the United States

12 Agency for International Development to develop

13 and disseminate accurate written scientific informa14 tion on the potential benefits of agricultural bio15 technology for human and animal nutrition, the en16 vironment, food and feed production, agricultural

17 sustainability, and bioenergy development;

18 (2) coordinate the development and dissemina19 tion of scientifically-based facts regarding, the safety


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1 and regulation of biotechnology-derived food and

2 feed products;

3 (3) instruct the United States Agency for Inter4 national Development (USAID) to develop a pro5 gram to demonstrate the potential benefits of agri6 cultural biotechnology to develop products that can

7 be grown under local soil and climate conditions and

8 better meet the health and nutritional needs of local

9 populations in the developing world; and

10 (4) ensure that personnel undertaking these ac11 tivities are knowledgeable of, and disseminate infor12 mation on, the United States regulatory safeguards

13 that assure food and environmental safety.


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Mr. SMITH OF MICHIGAN. I apologize. I was not prepared to offer 

it at that time, and now I do have the text prepared. It is before 

the clerk, and I would ask unanimous consent to offer the amendment and that it be considered as read. 

Chairman HYDE. Without objection, the gentleman is recognized, 

and the clerk will designate the amendment. 

Ms. RUSH. Amendment offered by Mr. Smith of Michigan. Page 

154, after line 12, and——

Chairman HYDE. Without objection, the amendment will be considered as read. 

The gentleman from Michigan is recognized for 5 minutes in support of his amendment. 

Mr. SMITH OF MICHIGAN. Mr. Chairman, very briefly. The title 

has changed. Instead of the Department of State, we say the Secretary of State. Instead of cooperation, the Secretary of State is instructed to coordinate. Instead of cooperate with, make certain instructions. 

If there are any questions, I would be glad to——

Mr. LANTOS. Would the gentleman yield? 

Mr. SMITH OF MICHIGAN. I would certainly yield to Mr. Lantos. 

Mr. LANTOS. I want to thank my friend from Michigan for yielding. 

Mr. Chairman, I carefully studied the gentleman’s amendment. 

I think it is a well thought amendment, and I strongly support it. 

We accept it on our side. 

Mr. SMITH OF MICHIGAN. Thank you very much. 

Chairman HYDE. The question occurs on the Smith amendment. 

All those in favor say aye? 

[Chorus of ayes.] 

Chairman HYDE. Opposed, nay? 

[No response.] 

Chairman HYDE. The ayes have it. The amendment is agreed to. 

The Chair recognizes Mr. Menendez of New Jersey. 

Mr. MENENDEZ. Thank you, Mr. Chairman. Mr. Chairman, I 

have an amendment, amendment 1, at the desk, and ask that it 

be——

[The amendment of Mr. Menendez follows:]

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1

H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. MENENDEZ

Add at the end of title VII the following:

1 SEC. 726. SENSE OF CONGRESS ON CLIMATE CHANGE.

2 (a) FINDINGS.—The Congress makes the following

3 findings:

4 (1) Evidence continues to build that increases

5 in atmospheric concentrations of manmade green6 house gases are contributing to global climate

7 change.

8 (2) The Intergovernmental Panel on Climate

9 Change (in this section referred to as the ‘‘IPCC’’)

10 has concluded that ‘‘there is new and stronger evi11 dence that most of the warming observed over the

12 last 50 years is attributable to human activities’’

13 and that the Earth’s average temperature can be ex14 pected to rise between 2.5 and 10.4 degrees Fahr15 enheit in this century.

16 (3) The National Academy of Sciences con17 firmed the findings of the IPCC, stating that ‘‘the

18 IPCC’s conclusion that most of the observed warm19 ing of the last 50 years is likely to have been due

20 to the increase of greenhouse gas concentrations ac21 curately reflects the current thinking of the scientific


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1 community on this issue’’ and that ‘‘there is general

2 agreement that the observed warming is real and

3 particularly strong within the past twenty years’’.

4 The National Academy of Sciences also noted that

5 ‘‘because there is considerable uncertainty in current

6 understanding of how the climate system varies nat7 urally and reacts to emissions of greenhouse gases

8 and aerosols, current estimates of the magnitude of

9 future warming should be regarded as tentative and

10 subject to future adjustments upward or down11 ward’’.

12 (4) The IPCC has stated that in the last 40

13 years, the global average sea level has risen, ocean

14 heat content has increased, and snow cover and ice

15 extent have decreased, which threatens to inundate

16 low-lying island nations and coastal regions through17 out the world.

18 (5) In October 2000, a report of the United

19 States interagency Global Change Research Program

20 found that global climate change may harm the

21 United States by altering crop yields, accelerating

22 sea-level rise, and increasing the spread of tropical

23 infectious diseases.

24 (6) In 1992, the United States ratified the

25 United Nations Framework Convention on Climate


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1 Change (in this section referred to as the

2 ‘‘UNFCCC’’), the ultimate objective of which is the

3 ‘‘stabilization of greenhouse gas concentrations in

4 the atmosphere at a level that would prevent dan5 gerous anthropogenic interference with the climate

6 system. Such a level should be achieved within a

7 time-frame sufficient to allow ecosystems to adapt

8 naturally to climate change, to ensure that food pro9 duction is not threatened and to enable economic de10 velopment to proceed in a sustainable manner’’.

11 (7) The UNFCCC stated in part that the Par12 ties to the UNFCCC are to implement policies ‘‘with

13 the aim of returning . . . to their 1990 levels an14 thropogenic emissions of carbon dioxide and other

15 greenhouse gases’’ under the principle that ‘‘policies

16 and measures . . . should be appropriate for the

17 specific conditions of each Party and should be inte18 grated with national development programmes, tak19 ing into account that economic development is essen20 tial for adopting measures to address climate

21 change’’.

22 (8) There is a shared international responsi23 bility to address this problem, as industrial nations

24 are the largest historic and current emitters of


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1 greenhouse gases and developing nations’ emissions

2 will significantly increase in the future.

3 (9) The UNFCCC further stated that ‘‘devel4 oped country Parties should take the lead in com5 bating climate change and the adverse effects there6 of’’, as these nations are the largest historic and

7 current emitters of greenhouse gases. The UNFCCC

8 also stated that ‘‘steps required to understand and

9 address climate change will be environmentally, so10 cially and economically most effective if they are

11 based on relevant scientific, technical and economic

12 considerations and continually re-evaluated in the

13 light of new findings in these areas’’.

14 (10) Any future, binding treaty on climate

15 change must not result in serious harm to the

16 United States economy, and should not cause the

17 United States to abandon its shared responsibility to

18 help reduce the risks of climate change and its im19 pacts. Future international efforts in this regard

20 should focus on recognizing the equitable respon21 sibilities for addressing climate change by all na22 tions, including commitments by the largest devel23 oping country emitters in a future, binding climate

24 change treaty.


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1 (11) While the United States has elected

2 against becoming a party to the Kyoto Protocol to

3 the UNFCCC at this time, it is the position of the

4 United States that it will not interfere with the

5 plans of any nation that chooses to ratify and imple6 ment the Kyoto Protocol.

7 (12) United States businesses need to know

8 how governments worldwide will address the risks of

9 climate change. By committing themselves to reduc10 ing their greenhouse gas emissions, leading compa11 nies in the United States and worldwide are doing

12 more than addressing the problem of climate

13 change—they are also improving their competitive

14 positioning. More than 30 major corporations, most

15 with operations in the United States, have specifi16 cally committed themselves to reducing their green17 house gas emissions.

18 (13) The United States benefits from invest19 ments in the research, development, and deployment

20 of a range of clean energy and efficiency tech21 nologies that can reduce the risks of climate change

22 and its impacts and that can make the United

23 States economy more productive, bolster energy se24 curity, create jobs, and protect the environment.


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1 (b) SENSE OF CONGRESS.—It is the sense of the

2 Congress that the United States should demonstrate inter3 national leadership and responsibility in reducing the

4 health, environmental, and economic risks posed by cli5 mate change by—

6 (1) taking responsible action to ensure signifi7 cant and meaningful reductions in emissions of

8 greenhouse gases from all sectors;

9 (2) creating flexible international and domestic

10 mechanisms, including joint implementation, tech11 nology deployment, tradable credits for emissions re12 ductions, and carbon sequestration projects that will

13 reduce, avoid, and sequester greenhouse gas emis14 sions;

15 (3) participating in international negotiations,

16 including putting forth a proposal to the Conference

17 of the Parties to the UNFCCC, with the objective of

18 securing United States participation in a future

19 binding treaty on climate change in a manner that

20 protects the economic interests of the United States,

21 is consistent with the environmental objectives of the

22 UNFCCC, and recognizes the shared international

23 responsibility for addressing climate change, includ24 ing developing country participation; and


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1 (4) establishing a bipartisan observer group of

2 Members of the House of Representatives, des3 ignated by the chairman and ranking member of the

4 Committee on International Relations of the House

5 of Representatives, to monitor any international ne6 gotiations on climate change.


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Chairman HYDE. The clerk will designate the amendment. 

Ms. RUSH. Amendment offered by Mr. Menendez. Add at the end 

of title VII the following. Section 726——

Chairman HYDE. Without objection, further reading of the 

amendment is dispensed with. 

The gentleman from New Jersey is recognized for 5 minutes in 

support of his amendment. 

Mr. MENENDEZ. Thank you, Mr. Chairman. Mr. Chairman, my 

amendment is a simple, yet important, proposition. The United 

States, the nation with the most at stake in climate change, should 

lead in climate change, not shrink from the issue, which in time 

will only become more prominent and its effects more pronounced. 

Now, President Bush is fond of saying that we should lead in the 

world. I agree, and I ask my colleagues what are we afraid of in 

terms of leading on climate change? I say let us be responsible. Engage and lead. Let us re-engage in good faith in international climate change negotiations. 

The resolution before you is similar to the one I sponsored and 

passed in this Committee as an amendment to the Foreign Relations Authorizing Act in 2001. It was subsequently included in the 

bill passed by the House. It is also similar to amendments that the 

Senate Foreign Relations Committee accepted unanimously in 2001 

and again just a few weeks ago in its markup of this bill. 

Mr. Chairman, I do not need to impress upon you the importance 

of addressing global climate change. The National Academy of 

Sciences, in a special report requested by President Bush, has confirmed the overwhelming scientific consensus that human activities 

are steadily warming our planet. If allowed to continue, this warming trend poses grave consequences to both the environment and 

the economy of the United States. 

In a report last year to the United Nations, the Bush Administration described the potential impact of climate change on various 

regions of our country—greater storm surges along our coast, reduced snow pack and water supplies in the west, declining water 

levels in the Great Lakes, stronger hurricanes, more extreme 

weather events and greater risk of both flooding and drought. 

Now let me make it clear. I am not here to advocate the Kyoto 

protocol. Other nations are moving forward on that agreement—

Japan, Canada, the European nations. Virtually every one of our 

closest allies has ratified the protocol, but the President has made 

it clear he has no intention of submitting the protocol to our colleagues in the Senate, and I take the President at his word. 

Rejecting Kyoto in no way absolves the United States of its responsibility to work with other nations to address climate change. 

If anything, it makes it all the more incumbent upon the United 

States to show leadership and creativity in forging a truly effective, 

long-term response. 

Mr. Chairman, we should not forget that the first President Bush 

helped launch the international effort against climate change nearly a dozen years ago when he signed the Framework Convention 

on Climate Change and submitted it to the Senate where it was 

swiftly ratified. This landmark treaty was a start, but it was only 

a start. It is our job now to help lead the world further down the 

path of climate protection. 

306

What happens after Kyoto? The commitments taken on by other 

nations under the protocol run only from 2008 to 2012. Negotiations toward a new round of commitments are to begin the year 

after next. These negotiations present a critical opportunity to 

build a fair and effective long-term agreement. 

Will the United States be a leader in those negotiations, or will 

it sit on the sidelines or, worse yet, be an obstacle? Will the United 

States bring ideas to the table for reducing emissions and encouraging strong, sustainable prosperity, expanding growth worldwide? 

Climate change, of course, poses risk not only to the United 

States, but to every other nation as well. Similarly, the greenhouse 

gas emissions that cause global warming do not originate from just 

one country. They arise from fossil combustion and deforestation 

and a host of other activities around the globe. 

In these and other ways, Mr. Chairman, climate change is 

quintessentially a global challenge, and this challenge will be met 

only when we and other nations agree on an effective, long-term 

global response. 

A vote for my amendment is a vote for active U.S. leadership toward a treaty that truly addresses climate change, protects the economic interests of the United States and recognizes a responsibility 

of all countries in meeting this profound challenge. 

It is in line with the Administration’s own report. It is in line 

with the Administration’s own comments. It has been supported by 

this Committee in the past, unanimously in the Senate, ultimately 

in the last reauthorization, and I believe we should continue on the 

course again. I urge my colleagues to support this amendment. 

Chairman HYDE. The Chair yields himself 5 minutes in opposition to the amendment. 

Lest the impression persist that we are doing nothing—having 

rejected Kyoto, I would cite last month’s CBO study, The Economics of Climate Change, A Primer, where on page 49 it says,

‘‘The Bush Administration, having withdrawn the United 

States from subsequent protocol negotiations, has largely continued the previous Administration’s level of climate related 

expenditures. The President’s budget for fiscal year 2003 proposed $4.5 billion of climate related spending with $1.7 billion 

dedicated to climate science.’’

That ought to be taken note of. 

Over the next several weeks, the energy bill will be debated in 

the Senate, and several amendments are expected on the issue of 

global climate change. This, in my view, is the appropriate place 

to consider changes to our current energy related policy. 

Inclusion of the Menendez amendment now pending is not only 

unnecessary, but I think it is unwise. A climate change provision 

of this type will jeopardize the enactment of this bill. Two years 

ago, a similar provision was removed from our pending State Department measure at the insistence of House leadership. This bill 

is too important and its provisions too timely to put at risk, especially in the consideration of an extraneous measure that will be 

fully debated and considered by other appropriate Committees. 

Furthermore, the President has made clear he is opposed to the 

Kyoto protocol. Why should we pass this amendment that would 

307

seek to have the U.S. engage in yet another binding treaty on climate change? 

There are enormous costs associated with any proposals like the 

Kyoto agreement to sharply cut greenhouse gas emissions as high 

as $400 billion for the U.S. alone. To meet the goals set under the 

Kyoto protocol, it has been estimated that Illinois, my State, alone 

would have to spend at least $1 billion per year, and the Illinois 

Government would stand to lose up to $6.5 billion each year in tax 

revenue as a result of slower economic growth. 

Since the adoption of the Kyoto agreement, many nations have 

admitted they will not be able to meet the amendments to emissions reductions. At a time of global recession and budget reductions, let us not put the U.S. on a track of negotiating yet another 

failed treaty and in the same position as many nations who cannot 

live up to their commitments, so I respectfully urge the defeat of 

this amendment. 

Does anyone else wish to——

Mr. LANTOS. Mr. Chairman? 

Chairman HYDE. Mr. Lantos? 

Mr. LANTOS. Mr. Chairman, I have a lengthy statement which, 

due to the pressure of many additional amendments, I will not 

read. I would merely like to commend my good friend from New 

Jersey for proposing his sense of the Congress language. I support 

him in this. 

I think it is reasonable for us to urge the Administration to make 

good on its own commitment to work with the international community to tackle the threat of global climate change, and I urge all 

of my colleagues to support the Menendez amendment. 

Chairman HYDE. Is there further discussion? 

[No response.] 

Chairman HYDE. If not, the clerk will call the roll. 

Ms. RUSH. Mr. Leach? 

Mr. LEACH. Aye. 

Ms. RUSH. Mr. Leach votes yes. 

Mr. Bereuter? 

Mr. BEREUTER. No. 

Ms. RUSH. Mr. Bereuter votes no. 

Mr. Smith of New Jersey? 

Mr. SMITH OF NEW JERSEY. Yes. 

Ms. RUSH. Mr. Smith of New Jersey votes yes. 

Mr. Burton? 

[No response.] 

Ms. RUSH. Mr. Gallegly? 

[No response.] 

Ms. RUSH. Ms. Ros-Lehtinen? 

[No response.] 

Ms. RUSH. Mr. Ballenger? 

[No response.] 

Ms. RUSH. Mr. Rohrabacher? 

Mr. ROHRABACHER. No. 

Ms. RUSH. Mr. Rohrabacher votes no. 

Mr. Royce? 

Mr. ROYCE. No. 

Ms. RUSH. Mr. Royce votes no. 

308

Mr. King? 

Ms. RUSH. Mr. King votes no. 

Mr. Chabot? 

Mr. CHABOT. No. 

Ms. RUSH. Mr. Chabot votes no. 

Mr. Houghton? 

[No response.] 

Ms. RUSH. Mr. McHugh? 

[No response.] 

Ms. RUSH. Mr. Tancredo? 

[No response.] 

Ms. RUSH. Mr. Paul? 

Mr. PAUL. No. 

Ms. RUSH. Mr. Paul votes no. 

Mr. Smith of Michigan? 

[No response.] 

Ms. RUSH. Mr. Pitts? 

Mr. PITTS. No. 

Ms. RUSH. Mr. Pitts votes no. 

Mr. Flake? 

[No response.] 

Ms. RUSH. Mrs. Davis? 

[No response.] 

Ms. RUSH. Mr. Green? 

Mr. GREEN. No. 

Ms. RUSH. Mr. Green votes no. 

Mr. Weller? 

Mr. WELLER. No. 

Ms. RUSH. Mr. Weller votes no. 

Mr. Pence? 

Mr. PENCE. No. 

Ms. RUSH. Mr. Pence votes no. 

Mr. McCotter? 

Mr. MCCOTTER. No. 

Ms. RUSH. Mr. McCotter votes no. 

Mr. Janklow? 

Mr. JANKLOW. No. 

Ms. RUSH. Mr. Janklow votes no. 

Ms. Harris? 

[No response.] 

Ms. RUSH. Mr. Lantos? 

Mr. LANTOS. Aye. 

Ms. RUSH. Mr. Lantos votes yes. 

Mr. Berman? 

[No response.] 

Ms. RUSH. Mr. Ackerman? 

Mr. ACKERMAN. Aye. 

Ms. RUSH. Mr. Ackerman votes yes. 

Ms. RUSH. Mr. Faleomavaega? 

Mr. FALEOMAVAEGA. Yes. 

Ms. RUSH. Mr. Faleomavaega votes yes. 

Mr. Payne? 

Mr. PAYNE. Yes. 

Ms. RUSH. Mr. Payne votes yes. 

309

Mr. Menendez? 

Mr. MENENDEZ. Yes. 

Ms. RUSH. Mr. Menendez votes yes. 

Mr. Brown? 

Mr. BROWN. Yes. 

Ms. RUSH. Mr. Brown votes yes. 

Mr. Sherman? 

Mr. SHERMAN. Yes. 

Ms. RUSH. Mr. Sherman votes yes. 

Mr. Wexler? 

[No response.] 

Ms. RUSH. Mr. Engel? 

Mr. ENGEL. Yes. 

Ms. RUSH. Mr. Engel votes yes. 

Mr. Delahunt? 

[No response.] 

Ms. RUSH. Mr. Meeks? 

[No response.] 

Ms. RUSH. Ms. Lee? 

Ms. LEE. Yes. 

Ms. RUSH. Ms. Lee votes yes. 

Mr. Crowley? 

Mr. CROWLEY. Yes. 

Ms. RUSH. Mr. Crowley votes yes. 

Mr. Hoeffel? 

Mr. HOEFFEL. Yes. 

Ms. RUSH. Mr. Hoeffel votes yes. 

Mr. Blumenauer? 

Mr. BLUMENAUER. Aye. 

Ms. RUSH. Mr. Blumenauer votes yes. 

Ms. Berkley? 

Ms. BERKLEY. Yes. 

Ms. RUSH. Ms. Berkley votes yes. 

Ms. Napolitano? 

[No response.] 

Ms. RUSH. Mr. Schiff? 

Mr. SCHIFF. Aye. 

Ms. RUSH. Mr. Schiff votes yes. 

Ms. Watson? 

[No response.] 

Ms. RUSH. Mr. Smith of Washington? 

Mr. SMITH OF WASHINGTON. Aye. 

Ms. RUSH. Mr. Smith of Washington votes yes. 

Ms. McCollum? 

[No response.] 

Ms. RUSH. Mr. Bell? 

Mr. BELL. Yes. 

Ms. RUSH. Mr. Bell votes yes. 

Mr. BALLENGER. Mr. Chairman, how am I recorded? Mr. 

Ballenger. 

Chairman HYDE. The rollcall has not been completed. Would the 

gentleman withhold? 

Ms. RUSH. Chairman Hyde? 

Mr. BALLENGER. I am sorry. 

310

Chairman HYDE. No. 

Ms. RUSH. Chairman Hyde votes no. 

Chairman HYDE. Mr. Ballenger? 

Mr. BALLENGER. I would vote no. 

Ms. RUSH. Mr. Ballenger votes no. 

Mr. BURTON. Mr. Chairman? 

Chairman HYDE. Mr. Burton? 

Mr. BURTON. Mr. Burton votes no, Mr. Chairman. 

Chairman HYDE. Thank you. Mr. Delahunt? 

Mr. DELAHUNT. Aye. 

Ms. RUSH. Mr. Delahunt votes yes. 

Chairman HYDE. Mr. Berman? 

Mr. BERMAN. Aye. 

Ms. RUSH. Mr. Berman votes yes. 

Chairman HYDE. Have all voted who wish? 

Mr. FLAKE. Mr. Chairman? 

Chairman HYDE. Mr. Flake? 

Mr. FLAKE. No. 

Ms. RUSH. Mr. Flake votes no. 

Mr. MCHUGH. Mr. Chairman? 

Chairman HYDE. Mr. McHugh? 

Mr. MCHUGH. No. 

Ms. RUSH. Mr. McHugh votes no. 

Chairman HYDE. If all have voted let us announce the roll. 

Ms. RUSH. On this vote there are 20 yeses and——

Mr. TANCREDO. Mr. Chairman? 

Chairman HYDE. Mr. Tancredo? 

Mr. TANCREDO. Mr. Chairman, how am I recorded? 

Ms. RUSH. You are not recorded as voting. 

Mr. TANCREDO. Mr. Chairman, I would like to vote no. 

Ms. RUSH. Mr. Tancredo votes no. 

Chairman HYDE. Now let us announce the roll. 

The clerk will withhold announcing. Ms. McCollum? 

Ms. MCCOLLUM. Thank you. I apologize. Yes. 

Chairman HYDE. You are excused. 

Ms. RUSH. Ms. McCollum votes yes. 

Mr. LANTOS. And forgiven. 

Chairman HYDE. Lock the doors, please. 

Ms. RUSH. On this vote there are 21 yeses and 18 noes. 

Chairman HYDE. And the amendment is agreed to. 

Mr. Royce? 

Mr. ROYCE. Thank you, Mr. Chairman. I wanted to commend you 

and the Ranking Member for your work on this legislation. I am 

particularly pleased to see the bill’s emphasis on U.S. international 

broadcasting. I am offering with Mr. Schiff an amendment that will 

complement these efforts. 

Our amendment expresses the sense of Congress that Radio Free 

Asia’s broadcast to North Korea be increased to 24 hours each day, 

and because of the problem of access to suitable radios in North 

Korea, this amendment requests a report detailing the steps that 

the U.S. Government is taking and needs to take, including the 

provision of radios, to maximize North Korea’s access to foreign 

broadcasts like Radio Free Asia. 

[The amendment of Mr. Royce follows:]

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AMENDMENT TO H.R. 1950

OFFERED BY MR. ROYCE AND MR. SCHIFF

Page 88, after line 6, insert the following:

1 SEC. 504. RADIO FREE ASIA BROADCASTS INTO NORTH

2 KOREA.

3 (a) FINDINGS.—The Congress makes the following

4 findings:

5 (1) North Korea’s development of nuclear weap6 ons and missile delivery systems poses one of the

7 gravest security threats to the United States in the

8 world.

9 (2) The Kim Jong Il regime in North Korea

10 has one of the worst human rights records in the

11 world. On April 16, 2003, the United Nations Com12 mission on Human Rights passed a resolution, ‘‘ex13 pressing its deep concern about reports of systemic,

14 widespread and grave violations of human rights’’ in

15 North Korea.

16 (3) In order to ensure its survival, the Kim

17 Jong Il regime makes extensive efforts to control the

18 flow of information in North Korea.

19 (4) In 2002, a survey found that five of twelve

20 ‘‘elite’’ defectors from North Korea had listened to

21 Radio Free Asia.


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1 (5) Radio Free Asia broadcasts only 4 hours

2 each day into North Korea.

3 (6) Many North Korean citizens lack radios ca4 pable of receiving Radio Free Asia broadcasts.

5 (b) SENSE OF CONGRESS.—It is the sense of the

6 Congress that the Broadcasting Board of Governors

7 should ensure that Radio Free Asia increases its broad8 casting with respect to North Korea to 24 hours each day.

9 (c) REPORT TO CONGRESS.—Not later than 90 days

10 after the date of the enactment of this Act, the Secretary

11 of State, after consulting with other agencies of the United

12 States government, shall submit a report, in classified

13 form, on specific measures currently being undertaken and

14 measures necessary, including the provision of adequate

15 radios, to maximize North Korean citizen access to Radio

16 Free Asia and other foreign broadcasts to the Committee

17 on International Relations and the Permanent Select

18 Committee on Intelligence of the House of Representatives

19 and the Committee on Foreign Relations and the Select

20 Committee on Intelligence of the Senate.


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Mr. ROYCE. As you know, Mr. Chairman, I chair the U.S.-Republic of Korea Interparliamentary Exchange, and over the April recess, Mr. Schiff and I, along with other colleagues, traveled to 

Seoul to hold the exchange with our South Korean counterparts in 

the National Assembly. This amendment was developed from that 

trip, which included a visit to RFA facilities in Seoul. 

What is clear is that North Korea’s development of nuclear weapons and missile delivery systems poses a grave threat to the U.S. 

and our allies in Asia, and it is also clear that North Korea currently has the worst human rights record in the world, so the 

stakes on the peninsula are great. 

I just thought I would share with you a former North Korean 

military officer’s story of one of the official policy meetings there 

where during a debate one member of their cabinet shouted to another,

‘‘You must listen to the radio coming from the outside world 

because if you do, then you will know that we have been living 

like frogs in a well. North Koreans have been living with blinders on.’’

This is an opportunity, frankly, to get information in to the policy 

makers in that regime and to the people because, in order to ensure his survival, Kim Jong Il has put an iron grip on all information in North Korea. Control of information is absolutely crucial because the system is based on lies, and the propaganda is so great 

that defectors report that they believed that their country was 

wealthier than South Korea, even though they had close to 

3,000,000 people starving to death there. 

We are making progress. Last week, NPR interviewed Chinese 

ethnic Koreans who had recently traveled into North Korea. They 

reported that there is a gradual change inside North Korea. Not everyone is continuing to believe the regime’s propaganda. Even some 

party officials now say they know their own government of Kim 

Jong Il is responsible for their woes. 

Surveys are indicating that North Korean defectors are listening 

to the minimal broadcasts that we have today. There are cracks in 

the armor. It is surely time that we multiply our broadcasting effort, that we learn from what Vaclav Havel and Lech Walesa have 

told us, and that is that the biggest factor in changing attitudes behind the Iron Curtain was the ability to listen to Radio Free Europe’s broadcasts. This will give a similar type of coverage and at 

a critical period on the Korean Peninsula. 

In wrapping up, I would just say Mr. Chairman, that Radio Free 

Asia is a key tool to bring about change. We are not sufficiently 

using it enough. This amendment lays the groundwork for an effective broadcasting strategy to North Korea. 

I ask my colleagues for their support, and I would yield the balance of my time. 

Chairman HYDE. Mr. Lantos? 

Mr. LANTOS. Thank you, Mr. Chairman. I strongly support the 

Royce initiative to increase U.S. international broadcasting into 

North Korea. I want to compliment my good friend for his longstanding leadership in this general field. 

314

The United States has provided hope to captive people throughout the globe through the Voice of America, Radio Free Europe, 

Radio Free Asia and all of our other broadcasting efforts. We can 

and must apply the same successful formula to North Korea, whose 

people suffer and are under a brutal Stalinist regime. 

I urge all of my colleagues to strongly support this initiative, and 

I thank you, Mr. Chairman. 

Chairman HYDE. The question occurs on the Royce Amendment. 

Mr. SCHIFF. Mr. Chairman? Mr. Chairman? 

Chairman HYDE. Mr. Schiff? 

Mr. SCHIFF. Move to strike the last word, Mr. Chairman. 

Chairman HYDE. The gentleman is recognized for 5 minutes. 

Mr. SCHIFF. Mr. Chairman, Members, I want to speak also in 

support of this amendment. 

During the codel with Chairman Royce, Xavier Becerra and Madeleine Bordallo, we had the opportunity to sit down with North Korean defectors, some ordinary citizens of North Korea who managed to escape during the winter over the frozen Yalu River, as 

well as a relatively high ranking North Korean defector. All of 

them provided chilling accounts of the nature of the North Korean 

regime and life in the north. It is probably the most insular nation 

in the world, the most cut off from the outside world, the most repressive regime anywhere. 

To the degree that we can penetrate that hermetic seal around 

that country and spread information to the people of North Korea 

of life outside the north, it will have enormous benefit in educating 

the North Koreans that there is a better way of life. The fact of 

the disparity between North and South Korea has to be the most 

graphic example of both the success of one form of government and 

the failure of the other. 

To have one people under two very separate forms of government, one prospering, one democratic, one an economic powerhouse, the other stagnant, starving. There are three groups of 

North Koreans—the members of the military who are fed first, the 

third of the population that is a member of the party that is fed 

second, and then the other third, the potential subversives who are 

fed third, if at all. 

I compliment my colleague for his initiative for years now in support of this effort and want to add my voice to those of others who 

recognize that information is probably the most powerful weapon 

we have in changing the nature of the regime in North Korea and 

improving the life of North Koreans and, over the long term, in diminishing the likelihood of any kind of nuclear escalation on the 

peninsula. 

I yield back the balance of my time. 

Mr. ACKERMAN. Mr. Chairman? 

Chairman HYDE. Mr. Ackerman? 

Mr. ACKERMAN. Yes, Mr. Chairman. I am going to support this 

amendment because of the tremendously good intentions of the 

sponsors who are on the right track emotionally. 

I think I might be the only Member of the Committee that has 

actually been to North Korea. I may be mistaken about that, but 

I think that is so. I can verify what they are saying about all the 

315

bad things in North Korea. It is probably a lot tougher than they 

have described. 

The reality is there are very few people that have electricity, let 

alone radios, and the people who have it are basically, you know, 

a dozen or so party officials. We are going to have to think through 

how we are really going to do this. This is the sense of the Congress resolution. We are not really spending money broadcasting 24 

hours a day to nobody who is listening except the people in South 

Korea who are the defectors and the South Koreans who can hear 

us on regular radio. 

We are going to have to figure out a way if we are going to really 

penetrate that hermit nation and the isolation they have built 

around themselves to figure out how to actually get radios in. It 

is very difficult to even make contributions. 

Mr. ROYCE. Would the gentleman yield? 

Mr. ACKERMAN. I would be delighted to. 

Mr. ROYCE. You are right on the point here. This amendment requests a report detailing the steps that the U.S. Government is 

taking and needs to take, including the provision of radios to maximize that coverage. 

Let me add one thing. Right now, across the border between 

China and North Korea, there is a vibrant trade in smuggling radios. The percentage of defectors who have listened to radio broadcasts have gone up markedly in the last 2 years. 

The other point I was going to make is that key policy makers 

within the administration in North Korea, within that regime, are 

all listening to these broadcasts, and one of the reasons you have 

the high ranking level of defections that you have had, and I have 

now talked to a number of senior military as well as civil servant 

defectors, is because they have listened to these broadcasts, and 

they are discussing internally in much the way that Boris Yeltsin 

or Vaclav Havel in the party used to talk about whether these 

broadcasts could be true? Are people living better on the outside? 

Are these lies they are telling us about what is going on in our 

country? 

Not only are they beginning to reach the countryside because of 

the efforts of groups to smuggle radios across that Chinese border, 

but also you have the mid and upper level civil servants and military now listening to the broadcasts. Does everyone listen to them? 

Certainly no, but the percentage of population has tripled that are 

now monitoring these conversations. 

Part of this legislation is not just the 24 hour broadcasts, but it 

is to develop a plan to figure out how we get more radios across 

that border and other ways to get that information through. One 

might be——

Mr. ACKERMAN. Just reclaiming my time. Leave me 30 seconds. 

You can have the rest. 

Thank you very much. I agree with everything you are saying. 

The number of radios will increase exponentially at the beginning. 

That is still not even, you know, a real number. It is a very limited 

number of people. 

The 24 hour broadcasting in your amendment is part of the sense 

of the Congress aspect of it, so we are really spending no money 

on that, and I think wisely so, until what you do require in the bill 

316

as law should this be an amendment that passes, and I hope that 

it does, is that report. 

I think what we have to do is sit down together, analyze that report, all of us, and try to figure out a way how to effect if we are 

going to be broadcasting and how to get radios to the people that 

are going to be listening to those broadcasts. 

Mr. ROYCE. If the gentleman would yield again? 

Mr. ACKERMAN. Certainly. 

Mr. ROYCE. These are transistor radios, so in that sense they do 

not——

Mr. ACKERMAN. So there is an after market here? 

Mr. ROYCE. Exactly. 

Mr. ACKERMAN. I like that. 

Mr. ROYCE. Secondly, the power outages in the north have made 

it very, very difficult for the north to jam the broadcasts as they 

used to do. Our technological advances make it a lot easier for us 

to overcome those jammings than they do in China, for example. 

Everything points to the fact now with this massive movement 

of transistor radios across the Chinese border, and the desire for 

information in the north that this is an opportune time to move 

this legislation. 

I would just close by asking my colleagues to support it. Thank 

you. 

Chairman HYDE. The question occurs on the Royce amendment. 

All of those in favor say aye? 

[Chorus of ayes.] 

Chairman HYDE. Opposed, nay? 

[No response.] 

Chairman HYDE. The ayes have it. The amendment is agreed to. 

The Chair recognizes Mr. Hoeffel. 

Mr. HOEFFEL. Thank you, Mr. Chairman. I move the strike the 

last——

Chairman HYDE. The gentleman is recognized for 5 minutes. 

Mr. HOEFFEL. Thank you, Mr. Chairman. 

I had intended to offer an amendment today. I had really wanted 

to offer an amendment today to establish a modern day Marshall 

Plan for Eurasia and the Middle East. I have been persuaded by 

the bipartisan leadership of the Committee that this may not be 

the right time to do it, so I will not offer the amendment. I would 

like to make a few comments about the need for a modern day 

Marshall Plan. 

I think all of us on this Committee recognize that the reality of 

significant poverty and corruption and human rights instances in 

areas such as Eurasia and the Middle East pose a tremendous 

threat not only to the peace and well being of people living there, 

but to our own national security. The threat of terror that can arise 

when there is not just poverty, but an absence of hope and utter 

hopelessness among a population, is obviously a very real problem 

for us. 

The Marshall Plan following World War II was America’s finest 

hour, a full contribution that we made to fight the prevention or 

the spread of communism and to stimulate growth in western Europe and those regions after World War II. The Marshall Plan recognized a direct link between economic growth and political staVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00322 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M050703\86991.000 HINTREL1 PsN: SHIRL
317

bility, and that is a direct link that we need to remember today. 

We have the power to do something about the economic growth and 

opportunity in these parts of the world, and some day soon we need 

to do it. 

The Marshall Plan understood the importance of the recipient 

nations being part of the planning process, determining a plan of 

action to recover their economies that they had to put into place 

before assistance was granted. We ought to do the same thing for 

Eurasia and the Middle East. 

Now, the amendment that I was going to offer had an appropria- tion of $50 billion. That may be one reason why the leadership 

asked me not to push forward. $50 billion. 

Mr. LANTOS. Are you accusing us of being pecuniary in our orientation? 

Mr. HOEFFEL. I am acknowledging that wiser heads have prevailed. 

The $50 billion figure would grow our foreign aid to the .7 percent of GDP that 30 years ago the United Nations suggested countries earmark for their foreign aid. We give about $10 billion right 

now in outright foreign aid grants, which is .1 percent of our GDP. 

We are not getting the job done, and we need to think about this. 

We need to look for ways to improve this. 

I will not offer this amendment. I will be offering it as a bill. I 

am sure we will have a chance in the future to talk about this. I 

really do thank both the Chair and the Ranking Member for their 

cooperation and forbearance. 

Mr. BROWN. Would the gentleman yield for 20 seconds? 

Mr. HOEFFEL. I would be delighted to yield. 

Mr. BROWN. I would add, and I thank Mr. Hoeffel for offering the 

idea of this. I would add that Kofi Annan had asked the wealthy 

nations of the world to devote .7 percent of their GDP to anti-poverty and infectious disease efforts around the world. 

Only four nations reached the 7⁄10 of 1 percent of GDP. They 

were, I believe, Denmark, the Netherlands, Norway and Sweden I 

am pretty sure. The United States was last among the 20 some 

countries that—somewhat less than .1 percent, 1⁄10 of 1 percent of 

our GDP. 

I think Mr. Hoeffel makes a very good case that we need to look 

in a different direction. 

I yield back. 

Chairman HYDE. The Chair would just like to comment about the 

last colloquy, which is quite interesting and has merit, but whenever we are painted as being cheap in terms of foreign aid I always 

wonder if you added in the nuclear umbrella—protecting Japan 

and Germany and the rest of the world, the military maintenance 

that we, because nobody will do it, maintain. Add all those things 

in. Add in Food for Peace and all the other programs. 

I think we are a pretty generous country. It makes an interesting 

topic for a seminar sometime. 

Mr. HOEFFEL. Would the gentleman yield? 

Chairman HYDE. Yes, surely. 

Mr. HOEFFEL. I thank the Chair, and I completely agree with the 

Chair regarding the wonderful contributions we make through our 

military security and national security efforts around the world. 

318

We do deserve great credit for that. Unfortunately, I do not think 

that addresses that sense of hopelessness and so forth that economic aid also needs to do. 

I thank the Chair. He has been very cooperative today. I hope 

we will keep talking about this in this Committee. This is the right 

forum. If we do not address this stuff, nobody else will. 

Chairman HYDE. Well, we certainly have an ample supply of sensitivity here on these issues. 

Mr. Chris Smith is recognized. 

Mr. SMITH OF NEW JERSEY. Thank you very much, Mr. Chairman. 

Mr. Chairman, I have an amendment at the desk that I am offering on behalf of myself and Mr. Berman, and I would ask unanimous consent that the amendments be considered en block. They 

are the refugee amendments. 

[The amendments of Mr. Smith of New Jersey follow:]

319

1

H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. SMITH OF NEW JERSEY

Page 49, after line 19, insert the following section

(and conform the table of contents accordingly):

1 SEC. 229. ENHANCING REFUGEE RESETTLEMENT AND

2 MAINTAINING THE UNITED STATES COMMIT3 MENT TO REFUGEES.

4 (a) FINDINGS.—The Congress makes the following

5 findings:

6 (1) The United States has a longstanding tradi7 tion of providing refugee assistance and relief

8 through the Department of State’s migration and

9 refugee assistance account for refugees throughout

10 the world who have been subjected to religious and

11 other forms of persecution.

12 (2) A strong refugee resettlement and assist13 ance program is a critical component of the United

14 States’ strong commitment to freedom.

15 (3) The United States refugee admissions pro16 gram has been in decline for much of the last five

17 years, resulting in a chronic inability of the United

18 States to meet the ceiling on refugee admissions that

19 has been set by the President each year.


86991j.AAB
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2

H.L.C.

1 (4) Refugee applicants have always undergone

2 rigorous security screenings. The September 11,

3 2001, terrorist attacks on the United States has

4 rightfully increased the awareness of the need to en5 sure that all aliens seeking admission to the United

6 States would not endanger the United States.

7 (5) Private voluntary organizations and non8 governmental organizations (NGOs) have and con9 tinue to provide valuable information to State De10 partment officials for refugee processing, and along

11 with Embassy personnel, can be utilized to assist in

12 the preliminary screening of refugees so that State

13 Department officials can focus to a greater extent on

14 security.

15 (6) Currently there are 15 million refugees

16 worldwide. In order to meet the ceiling set by the

17 Administration, which has been 70,000 in recent

18 years, a broader cross-section could be considered

19 for resettlement in the United States if the Depart20 ment of State were to expand existing refugee proc21 essing priority categories in a reasonable and re22 sponsible manner. Expansion of refugee selection

23 should include the expanded use of both the existing

24 category reserved for refugees of special interest to


86991j.AAC
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3

H.L.C.

1 the United States as well as the existing categories

2 reserved for family reunification.

3 (b) PURPOSE.—It is the purpose of this section to

4 provide the Department of State with tools to enable it

5 to carry out its responsibilities with greater efficiency with

6 respect to the identification and processing of refugee ap7 plicants.

8 (c) ENHANCEMENT OF REFUGEE IDENTIFICATION

9 AND PROCESSING.—

10 (1) In addition to traditional agencies currently

11 used in the processing of refugees for admission to

12 the United States, where applicable, the Secretary

13 shall develop and utilize partnerships with voluntary

14 resettlement organizations that permit such organi15 zations to assist in the identification and referral of

16 refugees.

17 (2) In addition to traditional agencies currently

18 used in the processing of refugees for admission to

19 the United States, where applicable, the Secretary

20 shall utilize private voluntary organizations with ties

21 to domestic constituencies in the overseas processing

22 of refugees.

23 (3) In addition to traditional agencies currently

24 used in the processing of refugees for admission to


86991j.AAD
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4

H.L.C.

1 the United States, where applicable, the Secretary

2 shall establish refugee response teams.

3 (A) ESTABLISHMENT OF REFUGEE RE4 SPONSE TEAMS.—In order to make the proc5 essing of refugees more efficient and effective,

6 enhance the quality of refugee resettlement pro7 grams, and to augment the capacity of the

8 United States government to identify, process,

9 assist, and counsel individuals for eventual ad10 judication by the Department of Homeland Se11 curity as refugees, where applicable, the Sec12 retary shall establish and utilize the services of

13 Refugee Response Teams, (in this section re14 ferred to as ‘‘RRTs’’). RRTs shall be coordi15 nated by the Assistant Secretary of State for

16 Population, Refugees, and Migration, or the As17 sistant Secretary’s designee.

18 (B) COMPOSITION OF THE RRTS.—RRTs

19 shall be comprised of representatives of non20 governmental organizations and private vol21 untary organizations that have experience in

22 refugee law, policy and programs.

23 (C) RESPONSIBILITIES OF THE RRTS.—

24 RRTs shall be responsible for—


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H.L.C.

1 (i) monitoring refugee situations, with

2 a view toward identifying those refugees

3 whose best durable solution is third coun4 try resettlement;

5 (ii) preparing profiles and documenta6 tion for resettlement consideration by the

7 United States Government;

8 (iii) augmenting or establishing an

9 overseas operation, especially in response

10 to urgent developments requiring quick re11 sponses or more staff resources than are

12 available in the existing processing entities;

13 (iv) assisting with training and tech14 nical assistance to existing international

15 organizations and other processing entities;

16 and

17 (v) such other responsibilities as may

18 be determined by the Secretary of State.

19 (D) RESPONSIBILITIES OF THE SEC20 RETARY.—The Secretary shall establish appro21 priate training seminars for RRT personnel and

22 make use of RRTs in situations where existing

23 mechanisms are unable to identify and process

24 refugees in a timely manner.


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6

H.L.C.

1 (d) PERFORMANCE STANDARDS.—In consultation

2 with private voluntary organizations and NGOs, the Sec3 retary shall establish performance standards to ensure ac4 countability and effectiveness in the tasks carried out in

5 subsection (c).

6 (e) CONSIDERATION OF VARIOUS GROUPS.—To en7 sure that there is adequate planning across fiscal years

8 and that both the Department of State’s planning and

9 processing operations result in adequate numbers of trav10 el-ready refugees to fulfill the admissions goals set forth

11 in the determinations on refugee admissions required by

12 sections 207(a) and 207(b) of the Immigration and Na13 tionality Act (8 U.S.C. 1157(a) and (b)), the Secretary

14 of State shall work to ensure that—

15 (1) those refugees in special need, including

16 long-stayers in first countries of asylum, unaccom17 panied refugee minors, urban refugees, and refugees

18 in women-headed households be given special atten19 tion for resettlement processing;

20 (2) attempts are made to expand processing of

21 those refugees of all nationalities who have close

22 family ties to citizens and residents in the United

23 States, including spouses, unmarried children, or

24 parents of persons lawfully admitted to the United

25 States, regardless of their country of nationality,


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7

H.L.C.

1 country of habitual residence, or first country of asy2 lum, as well as grandparents, grandchildren, married

3 sons or daughters, or siblings of United States citi4 zens or other persons lawfully admitted to the

5 United States;

6 (3) attempts are made to expand the number of

7 refugees considered who are of special concern to the

8 United States; and

9 (4) expanded access is provided to broader cat10 egories of refugees seeking admission to the United

11 States, thus reducing instances of relationship-based

12 misrepresentation by persons who are bona fide ref13 ugees but who resort to such misrepresentation

14 merely as a way to be interviewed for refugee status.

15 (f) REPORT.—Not later than 180 days after the date

16 of the enactment of this Act, the Secretary of State shall

17 submit a report to Congress that includes information con18 cerning the following:

19 (1) Efforts of the Secretary to utilize NGO’s in

20 refugee identification, utilize private voluntary orga21 nizations in processing refugees, establish and utilize

22 RRTs, and an explanation of the rationale for not

23 using such organizations and agencies in situations

24 where the Secretary has made such a determination,

25 as described in subsection (c).


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8

H.L.C.

1 (2) Efforts of the Secretary to implement per2 formance standards and measures as described in

3 subsection (d) and the success of NGO’s and private

4 voluntary organizations in meeting such standards.

5 (3) Efforts of the Secretary to expand consider6 ation of various groups for refugee processing as de7 scribed in subsection (e).

8 (4) Efforts to ensure that there is planning

9 across fiscal years so as to fulfill the refugee admis10 sions goals set forth by the President in his annual

11 presidential determinations on refugee admissions.


86991j.AAI
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1

H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. SMITH OF NEW JERSEY

Page 23, line 4, strike ‘‘$760,197,000’’ and insert

‘‘$927,000,000’’.

Page 23, line 5, strike ‘‘$813,197,000’’ and insert

‘‘$957,000,000.


86991k.AAB
328

Chairman HYDE. The clerk will designate the amendments. 

Ms. RUSH. Amendment offered by Mr. Smith. Page 49, after line 

19——

Mr. SMITH OF NEW JERSEY. Mr. Chairman, I ask unanimous consent that the amendments be considered as read. 

Chairman HYDE. Without objection, so ordered, and the gentleman’s motion to consider the amendments en block is also granted. 

The gentleman is recognized for 5 minutes. 

Mr. SMITH OF NEW JERSEY. Thank you very much, Mr. Chairman 

and Members of the Committee. 

Last week, the House responded to one of the most serious humanitarian situations the world has ever seen by passing a 

$15,000,000 bill designed to alleviate the suffering of over 

30,000,000 people in our world living and dying from HIV/AIDS 

and to stop the spread of that dreaded disease. 

The amendment to this bill is designed to address another world 

crisis that often does not get the kind of visibility it deserves, and 

that is the plight of the 15,000,000 refugees around the world, 

many whom have fled some of the same egregious persecution—religious, political and otherwise—in their home countries and today 

who suffer amidst poor conditions of squalor in refugee camps. 

There is no doubt whatsoever, Mr. Chairman, that there is a significant shortfall in terms of the donor nations and the money that 

is available to alleviate this suffering for those who are living in 

refugee camps around the world. 

As a matter of fact, I would ask my friends and colleagues to look 

at a briefing note put out by the U.S. Committee for Refugees in 

which they cite some 60 examples, many of those examples in Africa, some in Latin America, in Asia, but most of them in Africa, 

where there is food shortages, medical shortages, shelter shortages 

in one camp in one country after another. As a result, obviously 

many children and women and men are living lives that are deprived of these basic necessities. 

Let me just point out to my colleagues that this amendment has 

three major components. The first would require the State Department to solicit the support of non-governmental organizations and 

private voluntary organizations to assist in refugee identification 

and preliminary processing. 

The amendment simply says where applicable, the State Department should utilize the resources of well-respected NGOs and private voluntary organizations who have extensive experience in 

dealing with refugees who meet the areas that the State Department has classified P–2s, P–3s and the like, people who are of concern who right now because of the overburdened UNHR status they 

do not have enough people that can do this work so that this job 

can be done by other competent people. 

Secondly, the amendment calls on State to expand the processing 

of refugees in the situations of greatest need, and, finally, the 

amendment does increase the program’s authorization to a level of 

$927,000,000, $580,000,000 of which would go or would be envisioned in going directly to the camps and to the refugee situations 

around the world. 

The concern there is that there is just far too little money available now. The need can be demonstrated. There is no doubt about 

329

that. I have spoken over the years many times both in Geneva and 

here, as well as in site visits to refugee camps, and the shortfall 

is appalling. The per capita spending, for example, for African refugees falls far below that which is compared to other refugees. That 

can be ameliorated; maybe not solved with this amendment, but at 

least we can provide some additional funding for it. 

I would hope the Members could support it, and I yield back the 

balance of my time. 

Chairman HYDE. Is there any further discussion? Mr. Berman? 

Mr. BERMAN. Yes, Mr. Chairman. Very quickly, first once again 

the gentleman from New Jersey has demonstrated with this 

amendment an enduring commitment to America as a refuge for 

the refugees for the people persecuted for political reasons around 

the world without regard to region or area. I want to commend 

him, and I am happy to be associated with him. He has done tremendous work in this area. 

Secondly, the present situation has become, I do not think out of 

any malice, but for a variety of reasons, a number of which Mr. 

Smith just made reference to, scandalous. The notion that at a time 

when there are tremendous refugee needs our authorized limit is 

down to $70,000, which in and of itself can be challenged as inadequate to do the job. It is significantly lower than it was a number 

of years ago. More importantly, even out of that $70,000 I believe in the first 

6 months of this fiscal year that we are now in, less than 9,000 refugees have been admitted. Now, September 11 increased scrutiny 

in terms of security. All of these understandably played a role in 

the initial days after September 11, but the notion that this has 

continued on 18 months later for a variety of reasons, many of 

which have no relationship to security checks, is scandalous. 

What Mr. Smith here is doing is saying we have NGOs around 

the world committed, dedicated to going through this process of 

processing, of interviewing, of qualifying people. We should take 

advantage of those resource to try and come to even our stated 

commitment, which, as I mentioned before, may be less than adequate to do the job right now. 

I think it is a very important amendment. It authorizes resources. It authorizes bringing in wonderfully qualified groups to 

help the rule that the UNACR and the overseas processing entity 

now engage in to try and do this job. I think a lot of people’s lives 

will be tremendously improved, and America will have done well to 

adopt this amendment and implement this with its additional resources. I urge its adoption. 

Chairman HYDE. The question occurs on the Smith amendment. 

All those in favor? 

Mr. BEREUTER. Mr. Chairman? 

Chairman HYDE. Mr. Bereuter? 

Mr. BEREUTER. Thank you very much, Mr. Chairman. I can support the amendment of the gentleman from New Jersey. As I do 

this, however, I think it is important to recognize that he has clarified a few positions and issues related to jurisdiction of the Committees and agencies, and that is a very helpful step on his part. 

Of course, we have the reduction in the refugees primarily because of security concerns post 9/11, and so while we are hoping 

330

to enhance the kind of personnel capability that would be available 

to the Secretary for refugee relief, the PBOs and the VROs, of 

course, have special responsibility to assure that they are fully 

mindful and respect the security requirements and that the kind 

of processing that they do is adequate to assure that there will be 

no abuse because of the additional manpower that we are bringing 

to bear here. That is the warning or the admonition to the PBOs 

and the VROs that might be involved. The Secretary, of course, has 

the discretion because it is always there where applicable. 

With that kind of concern expressed and admonition to the VROs 

and PBOs and assurances to the Secretary that he has full authority to scrutinize these organizations rather carefully to see if they 

have the competence, I am supportive of the gentleman’s effort, 

and I urge support of it. 

Mr. PAYNE. Mr. Chairman? 

Chairman HYDE. Mr. Payne? 

Mr. PAYNE. Thank you very much. I will be very brief. I tried to 

speak on several others. I figured I better speak up a little louder. 

I would like to commend the gentleman from New Jersey for this 

amendment. I think that there are tremendous opportunities for us 

to increase the number of refugees coming into the country. I hear 

about the scrutiny of the PBOs and all the rest, and I think that 

is important. 

However, I do not know if people have been to refugee camps. 

They are usually people who come over a border with practically 

no clothes on, barefooted, starving, sick, many times fearful and 

afraid, and probably you have the least opportunity of any people 

who are subversive and out to get us type of mentality. 

I think that we need to be concerned that we are not allowing 

people who may be a part of an undesirable organization that dislikes our country, but I would just like to say that if you have traveled around refugee camps like I have done for the last 25 or 30 

years, you find people who are really in need and so I think that 

that is less of a problem than those who come in under normal, you 

know, business type, the sort of folks that we saw on 9/11 who 

were wealthy, educated persons who just had the al-Qaeda awful 

mentality. I would hope that we keep that in mind. 

I yield back. Thank you, Mr. Chairman. 

Chairman HYDE. Thank you. Mr. Rohrabacher? 

Mr. ROHRABACHER. I need to have a few points clarified before 

I can vote on this. 

Mr. Smith, does this in any way increase the number of people 

who will be legally entitled to enter the United States of America? 

Mr. SMITH OF NEW JERSEY. I would answer my friend that no, 

that is not, frankly, under the jurisdiction of this Committee. 

Every year in a collaboration between the Executive Branch and 

Congress, and that is usually done through the Judiciary Committee, that number is picked. 

Mr. ROHRABACHER. Okay. 

Mr. SMITH OF NEW JERSEY. Right now it is 70,000. 

Mr. ROHRABACHER. So this bill would not in any way——

Mr. SMITH OF NEW JERSEY. No. This has to do with additional 

monies for refugee protection, coupled with an enhanced effort to 

331

try to identify and assist those people who would be eligible for refugee status. 

As Mr. Berman pointed out, the number year to date is 9,000, 

far below the 70,000 ceiling which, if we butt up against, obviously 

we would not——

Mr. ROHRABACHER. All right. We need to make sure that that is 

understood; that we are not talking about an increase in the legal 

number of immigrants coming into the United States. 

Mr. SMITH OF NEW JERSEY. Would the gentleman further yield? 

Mr. ROHRABACHER. Go ahead. 

Mr. SMITH OF NEW JERSEY. And I know he knows this, but so 

it is absolutely clear this has nothing to do with immigration flows. 

The overwhelming majority of the people who come into the U.S. 

are immigrants, as opposed to refugees. 

Mr. ROHRABACHER. Yes. 

Mr. SMITH OF NEW JERSEY. Traditionally it is less than 10 percent. 

Mr. ROHRABACHER. Reclaiming my time, let me just note that for 

the average American citizen the difference between a refugee and 

an immigrant is pretty well indiscernible. It is someone from another country who has now come here who now legally resides in 

the United States. 

Let me note that I have so often heard this equation about how 

the United States is not generous enough, as we heard a few moments before. Let me note that never takes into consideration, as 

the Chairman noted, the price of stability in the world, which the 

United States contributes hundreds of billions of dollars more than 

anyone else on the planet in terms of our military’s ability to step 

in and create stability, which enhances peace and enhances prosperity. 

Also, which fits into the discussion of what we are talking about 

here, we have an enormous amount of legal immigration into our 

country. We permit more legal immigration into the United States 

of America than all the other countries of the world combined. If 

that does not indicate some sort of charity and some sort of good 

heart, I do not know what does. 

On top of that, of course, there are probably 2,000,000 to 

3,000,000 illegal immigrants pouring into our country, if not more, 

every year, and that, too, is not taken into the equation of those 

who would paint us as a cold-hearted country. I think we are a 

very warm-hearted country. 

I will be supporting the amendment. It is aimed at helping the 

most——

Mr. BERMAN. Will the gentleman yield? 

Mr. ROHRABACHER. Certainly I will. 

Mr. BERMAN. Some of us do not view the regulations governing 

legal immigration as charity. We think of it as part of building the 

strength of our own country. 

Mr. ROHRABACHER. I think there is a dual purpose, and I am voting for this amendment because it does reach to those people who 

are living in hopeless conditions. 

Chairman HYDE. The question occurs on the amendment of the 

gentleman from New Jersey. All in favor say aye? 

[Chorus of ayes.] 

332

Chairman HYDE. Opposed, nay? 

[No response.] 

Chairman HYDE. The ayes have it. The amendment is agreed to. 

Without objection, the Chairman is authorized to seek consideration of H. Con. Res. 160 relating to the removal of economic sanctions against Iraq in the House under suspension of the rules, and 

the amendment in the nature of a substitute which the Members 

have before them is considered adopted, and the preamble and title 

are amended. It is without objection. 

[H. Con. Res. 160 and the amendment in the nature of a substitute follow:]

333

1

IV

108TH CONGRESS

1ST SESSION H. CON. RES. 160

Expressing the sense of Congress that the United Nations should remove

the economic sanctions against Iraq completely and without condition.

IN THE HOUSE OF REPRESENTATIVES

MAY 6, 2003

Mr. SMITH of Michigan (for himself, Mr. SMITH of New Jersey, Mrs. MILLER

of Michigan, Mr. BARRETT of South Carolina, Ms. GINNY BROWN-WAITE

of Florida, Mr. TERRY, Mr. BALLENGER, Mr. PENCE, and Mr. PITTS)

submitted the following concurrent resolution; which was referred to the

Committee on International Relations

CONCURRENT RESOLUTION

Expressing the sense of Congress that the United Nations

should remove the economic sanctions against Iraq completely and without condition.

Whereas United Nations Security Council Resolution 661 established sanctions as a result of Saddam Hussein’s

unprovoked, illegal aggression against the sovereign Arab

State of Kuwait;

Whereas United Nations Security Council Resolution 687

continued the sanctions, intended to deprive the government of Saddam Hussein of maintaining or acquiring the

means to threaten other states or peoples, or to continue

to oppress his own people, until that government unconditionally accepted the destruction, removal, or rendering


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•HCON 160 IH

harmless of its chemical weapons, biological weapons, and

ballistic missiles with a range of more than 150 kilometers;

Whereas United Nations Security Council Resolution 687

further required the government of Saddam Hussein to

end any research programs aimed at developing such

weapons, to destroy any material associated with such

programs, and to change its behavior toward its own people;

Whereas the United Nations Security Council, through the

oil-for-food program, allowed for humanitarian goods to

flow to Iraq while maintaining the sanctions regime and

control over Iraq’s oil revenue;

Whereas the Coalition that liberated Iraq poses no risk to

other states or peoples, and there is no reason to believe

that the people of Iraq, liberated from the tyrant Saddam

Hussein, pose such a risk;

Whereas the people of Iraq are now ready to rebuild their nation after over 30 years of tyranny;

Whereas the sanctions established by United Nations Security Council Resolutions 661 and 687 prohibit the importation of goods necessary for the Iraqi people to rebuild

their country;

Whereas these sanctions restrict the trade of Iraqi goods, by

and on behalf of the Iraqi people, necessary to allow expeditious rebuilding of Iraq and recovery from the tyranny of Saddam Hussein; and

Whereas continuing the sanctions imposed on the government

of Saddam Hussein punishes the people of Iraq for the

actions of a brutal tyrant who no longer rules them: Now,

therefore, be it:


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•HCON 160 IH

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of the Congress that—

3 (1) the United Nations should immediately act

4 to lift the economic sanctions imposed by United

5 Nations Security Council Resolutions 661 and 687;

6 and

7 (2) member states of the United Nations should

8 allow and encourage their nationals to trade with

9 Iraq.

Æ


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86991j.eps
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Chairman HYDE. In order to ensure completion of the measure 

tomorrow, I ask unanimous consent that all Members submit any 

further amendments to the Committee by 5 p.m. today. Without objection, so ordered. 

Next, Mr. Faleomavaega? 

Mr. FALEOMAVAEGA. Thank you, Mr. Chairman. Mr. Chairman, 

I have two amendments. 

[The amendments of Mr. Faleomavaega follow:]

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H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. FALEOMAVAEGA

Page 143, after line 9, insert the following (and conform the table of contents accordingly):

1 SEC. 708. REPORT ON ACTIONS TAKEN BY PAKISTAN.

2 For each of fiscal years 2004 and 2005, the President

3 shall prepare and transmit to the appropriate congres4 sional committees a report that contains a description of

5 the extent to which the Government of Pakistan—

6 (1) has closed all known terrorist training

7 camps operating in Pakistan and Pakistani-held

8 Kashmir;

9 (2) has established serious and identifiable

10 measures to prohibit the infiltration of Islamic ex11 tremists across the ‘‘Line of Control’’ (LoC) into

12 India; and

13 (3) has ceased the transfer of weapons of mass

14 destruction, including any associated technologies, to

15 any third country or terrorist organization.


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H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. FALEOMAVAEGA

Page 154, after line 12, insert the following (and

conform the table of contents accordingly):

1 SEC. 726. SENSE OF CONGRESS RELATING TO VICTIMS OF

2 NUCLEAR TESTS IN KAZAKHSTAN.

3 (a) FINDINGS.—Congress finds the following:

4 (1) In 1991, immediately after achieving inde5 pendence, Kazakhstan closed and sealed the world’s

6 second largest nuclear test site in Semipalatinsk

7 which had been inherited from the former Soviet

8 Union and at which more than 500 nuclear tests

9 had been conducted from 1949 to 1991.

10 (2) The cumulative power of explosions from

11 those tests, conducted above ground, on the ground,

12 and underground is believed to be equal to the power

13 of 20,000 explosions of the type of bomb dropped on

14 Hiroshima, Japan, in 1945.

15 (3) More than 1,500,000 people in Kazakhstan

16 suffered because of the global aspirations of the two

17 competing ideologies of the Cold War.

18 (4) A horrifying array of disease will continue

19 to destroy the lives of hundreds of thousands and


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1 their descendants for many generations to come as

2 a result of these tests.

3 (5) Since its independence, Kazakhstan has

4 constructed a stable and peaceful state, voluntarily

5 disarmed the world’s fourth largest nuclear arsenal,

6 joined the Strategic Arms Reduction Treaty

7 (START), and became an example of responsible

8 nonproliferation of such weapons.

9 (6) Kazakhstan is also doing its best to help

10 those who were exposed to the horrific nuclear ex11 periments of the 20th century but it faces daunting

12 challenges.

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that the Secretary of State should work to establish

15 a joint working group with the Government of Kazakhstan

16 to assess the environmental damage caused by the nuclear

17 test site in Semipalatinsk and to assist the people of

18 Semipalatinsk.


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Mr. FALEOMAVAEGA. I ask for unanimous consent that they can 

be considered en block. 

Chairman HYDE. Without objection, so ordered. 

Mr. FALEOMAVAEGA. Mr. Chairman, the——

Chairman HYDE. Let the clerk designate the amendments. 

Ms. RUSH. Amendment en block offered by Mr. Faleomavaega. 

Page 143, after line 9——

Chairman HYDE. Without objection, further reading of the en 

block amendment is dispensed with, and the gentleman is recognized for 5 minutes. 

Mr. FALEOMAVAEGA. Thank you, Mr. Chairman. Mr. Chairman, 

this is in reference to our country’s relationship with Pakistan. Mr. 

Chairman, like many of my colleagues, I am concerned about cross 

border terrorism and the threat of nuclear proliferation in South 

Asia. 

Although we are appreciative of Pakistan’s post September 11 assistance in the war against terrorism, tensions in the region are 

still rising. Only 6 days after the Bush Administration declared on 

March 14 that it had ‘‘carefully reviewed the facts relating to the 

possible transfer of nuclear technology from Pakistan to North 

Korea.’’ Only 4 days after President Bush exercised his sanctions 

waiver authority to remove coup-related sanctions as assistance to 

Pakistan for FY 2003, the Pakistani Foreign Minister made a declaration that this war that we waged against Iraq was unjustified 

and vowed to oppose it in any way. 

Shortly thereafter, on March 23, some 200,000 Pakistanis took to 

the streets in Lahore to demonstrate in opposition to the U.S. led 

attack on Iraq. The day after, Pakistan and China signed a memorandum of understanding for the construction of a second Pakistani 

nuclear power plant. The same day, some 24 Hindu villagers were 

shot and killed by Muslim extremists in India Kashmir. 

On March 26, Pakistan and India tested and fired short range 

ballistic missiles. On the same day, Prime Minister Jamali said 

that Pakistan and China will strengthen their defense ties. On 

March 30, again some 200,000 Pakistanis once again took to the 

streets in Peshawar to demonstrate opposition to the U.S. led attack on Iraq. 

Mr. Chairman, in April of this year the U.S. State Department 

announced that on March 24 the U.S. imposed nonproliferation 

penalties on Konn Research Laboratories, a Pakistani entity. Two 

year penalties ban all U.S. trade with KRL for having received missile technology from a North Korean entity. 

As a result of increasing tensions in the region, the State Department recently advised all but essential U.S. diplomats in Pakistan 

to depart the country. Although the State Department modified its 

travel advisory in mid April, Deputy Secretary Richard Armitage 

is en route to Pakistan to begin the high level diplomatic discussions. 

In the interim, Mr. Chairman, we are authorizing aid to Pakistan with no strings attached. I know I am not alone when I say 

that I have deep reservations about U.S. foreign policy in South 

Asia. I want to once again reiterate that I believe Pakistan should 

be commended for assisting our country in its efforts to hunt down 

344

al-Qaeda and Taliban fugitives and for allowing the U.S. military 

to use bases within its country. 

But we cannot turn a blind eye to the fact that Pakistan has not 

closed all known terrorist training camps operating in Pakistan. 

We cannot turn a blind eye to the fact that Pakistan has not prohibited the infiltration of Islamic extremists across the line of control into Indian Kashmir. We cannot turn a blind eye to the fact 

that General Musharraf promised Deputy Secretary Armitage that 

infiltration would cease, and the fact is it has not ceased. 

Since 1989, more than 60,000 men, women and children have 

died in Kashmir’s feud. Since the September 11 catastrophe, Islamic militants from Pakistan have crossed the line of control and 

claimed the lives of innocent men, women and children not once, 

not twice, but three times, committing egregious acts of cross border terrorism on each and every occasion. 

Mr. Chairman, I submit India has not crossed the line of control 

since 1972. In fact, India has exercised incredible restraint in not 

waging full scale war to defend itself against these terrorist acts. 

Although I believe we are fortunate that neither country has not 

yet resorted to the use of nuclear weapons, we also should be very 

concerned that both Pakistan and India test fired short range missiles on March 26 of this year, which, incidentally, is the same day 

that Prime Minister Jamali said that Pakistan and China will enhance their defense ties. 

Given the seriousness of this situation, I am offering this amendment, Mr. Chairman. It simply requires the Secretary of State or 

the President to prepare and transmit to Congress a report that 

contains a description of the extent to which the Government of 

Pakistan has closed all known terrorism camps operating in Pakistan and Pakistan held Kashmir, establish a serious and identifiable measure to prohibit the infiltration——

Chairman HYDE. Mr. Faleomavaega, your time has expired. We 

are prepared to accept your amendment——

Mr. FALEOMAVAEGA. Thank you, Mr. Chairman. 

Chairman HYDE [continuing]. If you will accept our acceptance. 

Mr. FALEOMAVAEGA. I fully accept it with the indulgence of my 

colleagues. 

Chairman HYDE. May I make a request that you withdraw the 

one amendment having to do with Kazakhstan? We have not had 

a chance to look at it. We will look at it, but we are not prepared 

to accept that yet. We accept the other one on Pakistan. 

Mr. FALEOMAVAEGA. Mr. Chairman, I gladly will. 

Chairman HYDE. We will look at Kazakhstan. 

Mr. FALEOMAVAEGA. Thank you very much, Mr. Chairman. We 

will continue——

Chairman HYDE. Do you ask unanimous consent to withdraw 

your amendment? 

Mr. FALEOMAVAEGA. I will now ask unanimous consent to withdraw my amendment on Kazakhstan pending further consultation 

with the distinguished Chairman and my colleagues of the Committee. 

Chairman HYDE. Without objection, so ordered. 

A question occurs on the amendment offered by Mr. Faleomavaega. All those in favor say aye? 

345

[Chorus of ayes.] 

Chairman HYDE. Opposed, nay? 

[No response.] 

Chairman HYDE. The ayes have it. The amendment is agreed to. 

There are three votes pending on the Floor, an hour’s worth of 

votes I am told, so we will recess until 10 a.m. tomorrow morning. 

Thank you. 

[Whereupon, at 2:40 p.m. the Committee was adjourned, to reconvene at 10 a.m. on Thursday, May 8, 2003.]

(347)

FOREIGN RELATIONS AUTHORIZATION ACT 

FOR FISCAL YEARS 2004 AND 2005

(STATE DEPARTMENT AUTHORIZATION); AND 

THE SENSE OF CONGRESS THAT THE 

U.N. SHOULD REMOVE THE ECONOMIC 

SANCTIONS AGAINST IRAQ 

COMPLETELY AND WITHOUT CONDITION 

(CONTINUED) 

THURSDAY, MAY 8, 2003

HOUSE OF REPRESENTATIVES, COMMITTEE ON INTERNATIONAL RELATIONS, Washington, DC. 

The Committee met, pursuant to call, at 10:17 a.m. in Room 

2172, Rayburn House Office Building, Hon. Henry J. Hyde (Chairman of the Committee) presiding. 

Chairman HYDE. The Committee will come to order. When the 

Committee recessed, we were considering H.R. 1950, and no 

amendments were pending. Does anyone seek recognition for purpose of offering an amendment? 

Mr. SMITH OF NEW JERSEY. Mr. Chairman. 

Chairman HYDE. Mr. Smith. 

Mr. SMITH OF NEW JERSEY. Mr. Chairman, I have an amendment 

at the desk. 

[The amendment of Mr. Smith of New Jersey follows:]

348

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H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. SMITH OF NEW JERSEY

Page 154, after line 12, insert the following:

1 SEC. 726. SENSE OF CONGRESS CONCERNING UNITED

2 STATES ASSISTANCE TO PALESTINIAN REFU3 GEES.

4 The Congress—

5 (1) recognizes the importance of United States

6 humanitarian assistance to Palestinian refugees as

7 an essential component to the peace process in the

8 Middle East;

9 (2) acknowledges the hardships endured by

10 many innocent Palestinian refugees in the West

11 Bank and Gaza Strip and in other neighboring coun12 tries;

13 (3) notes that the United Nations High Com14 mission for Refugees (UNHCR) is the international

15 body that seeks to find ‘‘lasting solutions’’ to the

16 plight of refugees throughout the world, with the

17 sole exception of the Palestinians, for whose exclu18 sive benefit a special agency, the United Nations Re19 lief and Works Agency (UNRWA), was established

20 in 1950 and which makes no effort to permanently

21 resettle Palestinian refugees, even those who reside


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H.L.C.

1 of Israel, and exacerbate stereotypes and tensions

2 between the Palestinians and Israelis;

3 (8) strongly urges the Secretary General of the

4 United Nations to immediately take steps to com5 prehensively reform the UNRWA so that it actively

6 works to oppose terrorist attacks and actively works

7 to promote reconciliation and understanding between

8 the Israelis and Palestinians;

9 (9) strongly urges UNRWA to meet the re10 quirements, in letter and spirit, of section 301(c) of

11 the Foreign Assistance Act of 1961, including by

12 comprehensively ensuring that no UNRWA assist13 ance is rendered to anyone who has been involved

14 with terrorism at any time and that all UNRWA

15 beneficiaries be informed at the earliest possible

16 time, and at regular intervals thereafter, that any17 one involved with terrorism thereafter will be ineli18 gible for UNRWA benefits;

19 (10) strongly urges the Secretary of State to

20 make UNRWA reforms a priority at the United Na21 tions by actively campaigning within the United Na22 tions to support such reforms, including comprehen23 sive and independently verifiable audits of UNRWA

24 activities and educational reform that would remove

25 from the curriculum all textbooks and educational


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H.L.C.

1 materials that promote hatred of Jews and Israel

2 and denial of Israel’s right to exist and replace them

3 with teaching materials that promote Israeli-Pales4 tinian reconciliation and mutual understanding; and

5 (11) notes the GAO audit required by section

6 580 of the FY 2003 Foreign Operations Appropria7 tions Act (Public Law 108–007), and strongly en8 courages the GAO to conduct, as part of this audit,

9 an investigation and inspection of all recent United

10 States assistance to UNRWA to ensure that tax11 payer funds are being spent effectively and are not

12 directly or indirectly supporting terrorism, anti-Se13 mitic or anti-Jewish teachings, or the glorification or

14 incitement of violence.


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Chairman HYDE. The clerk will report the amendment. 

Ms. RUSH. We have East Timor, scholarships——

Mr. SMITH OF NEW JERSEY. UNRWA. Right? 

Ms. RUSH [continuing]. And assistance to Palestinian——

Mr. SMITH OF NEW JERSEY. That is it, the Palestinian one. 

Chairman HYDE. The clerk will report. 

Ms. RUSH. Amendment offered by Mr. Smith of New Jersey: 

‘‘Page 154, after line 12, insert the following—’’

Chairman HYDE. Without objection, further reading of the 

amendment is dispensed with, and the gentleman from New Jersey 

is recognized for 5 minutes in support of his amendment. 

Mr. SMITH OF NEW JERSEY. Thank you very much, Mr. Chairman. I offer this amendment on behalf of myself and Mr. Lantos 

and would ask that the Members wholeheartedly support this 

amendment. It is a sense of the Congress urging continued reforms 

at the United Nations Relief and Works Agency, often referred to 

as ‘‘UNRWA,’’ for Palestinian refugees. 

The amendment complements existing State Department efforts 

designed to bring pressure and diplomacy to bear on this important 

but deeply troubled United Nations agency. I would point out that 

the amendment seeks to expand an existing GAO investigation of 

U.S. assistance to UNRWA so that we can more closely examine 

issues which the current GAO analysis is not exploring. 

The issue really comes down to this: We are, without a doubt, the 

prime providers of finances to UNRWA. Since 1950, we have provided some $2.5 billion. In Fiscal Year 2002, we provided $110 million. The resolution notes that the United States’ contribution to 

UNRWA is nearly 10 times that of the entire Arab world, so we 

are truly committed to the well being and the welfare of Palestinian refugees. But meanwhile, we have got make sure that the 

textbooks do not contain antisemitic, inflammatory, and hate-filled 

diatribes that have been carried in the past. 

Incitement is a very important issue. We want to ensure, to the 

greatest extent possible, and, hopefully, that means in totality, that 

these camps, as well as the schools and the curriculum employed 

by those schools, are not used to poison another generation of 

young children. We know for a fact there have been instances in 

the past where the venue of an UNRWA compound or facility has 

been used to praise suicide bombers, Hamas, and acts of terrorism, 

and that is absolutely unconscionable, and it is totally unacceptable. These need to be areas where reconciliation, hope and tolerance are practiced, not where this kind of thing happens. 

So, finally, the bottom line of what the resolution does: It sends 

a clear message that we want more reforms in UNRWA. We want 

to make sure that the GAO report, so that we get more factual 

data, points out or discovers, one way or the other, whether or not 

U.S. assistance to UNRWA is being spent effectively and is not directly or indirectly supporting terrorism, antisemitic or anti-Jewish 

teachings or the glorification or incitement to violence. I yield back 

the balance of my time. 

Chairman HYDE. Mr. Lantos. 

Mr. LANTOS. Thank you very much, Mr. Chairman. Mr. Chairman, let me begin by paying tribute to my good friend and distinVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00358 Fmt 6601 Sfmt 6601 F:\WORK\FULL\M050703\86991.001 HINTREL1 PsN: SHIRL
353

guished colleague, Chris Smith, for this important amendment, 

which I am delighted to co-sponsor. 

I have long been concerned about aspects of UNRWA’s mission 

as well as the manner in which it carries out that mission. Last 

year, I wrote to my personal friend, Secretary General Kofi Annan, 

expressing my deep unease that UNRWA may be, and I quote from 

my letter to Kofi Annan,

‘‘UNRWA may be perpetuating rather than ameliorating the 

situation of Palestinian refugees.’’

No doubt, Mr. Chairman, UNRWA does much good. As the second-largest employer of Palestinians in the West Bank and Gaza, 

it makes an important economic contribution. Nevertheless, one 

must ask, how high is the cost in terms of increased tensions in 

Israeli-Palestinian relations and in terms of the overall health of 

the Palestinian society? Some of UNRWA’s problems are performance related and potentially correctable, such as its all-too-frequent 

indifference to terrorism, even to the exploitation of its own facilities for terrorist purposes or its use of textbooks that promote hatred of Jews and denial of Israel’s right to exist. 

Others of UNRWA’s problems are structural and impervious to 

change, except in the face of the most thoroughgoing reform. Here, 

I have in mind, Mr. Chairman, the culture of dependency UNRWA 

breeds and the fact that UNRWA, by the very terms of its mission, 

incubates and politicizes the Palestinian refugee problem rather 

than resolving and ending it. 

For all of these reasons, I strongly urge the U.N. Secretary General and our own Secretary of State, Colin Powell, to pursue comprehensive reform of UNRWA, as called for in the Smith-Lantos 

Amendment, particularly such reform as puts UNRWA clearly on 

the side of Israeli-Palestinian reconciliation and mutual understanding. I, likewise, urge the GAO to pursue a wide-ranging investigation of the uses to which UNRWA puts U.S. taxpayers’ dollars, 

which account for some 30 percent of UNRWA’s budget. 

More broadly, it may be time to consider carefully the benefits 

to ourselves, to the Middle East, and to the Palestinians themselves of our continuing to bankroll an organization that . . ., if I 

may again quote my letter to Kofi Annan,

‘‘. . . perpetuates rather than ameliorates the lowly status of 

millions of refugees.’’

I hope all of our colleagues will join Chris Smith and me in supporting this amendment and sending a powerful message to 

UNRWA, now in its 2nd half-century of its existence, that it must 

actively and unequivocally oppose terrorism and finally get its 

house in order. Otherwise, it risks losing the goodwill and the support of its primary benefactor, the Congress of the United States 

and the American people. I urge all of my colleagues to support 

this amendment. 

Chairman HYDE. Ms. Ros-Lehtinen. 

Ms. ROS-LEHTINEN. Thank you so much, Mr. Chairman. I support the Smith Amendment calling for an audit of U.S. assistance 

to Palestinian refugees provided through the United Nations Relief 

and Works Agency. The activities of this agency linking it to terVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00359 Fmt 6601 Sfmt 6601 F:\WORK\FULL\M050703\86991.001 HINTREL1 PsN: SHIRL
354

rorism and those of its personnel have been a concern of many 

Members of this Committee for some time now. 

Last Congress, we attempted to address this issue in a joint 

International Operations and Human Rights and Middle East and 

South Asia Subcommittee oversight hearing on the issue. Letters 

were sent out outlining our grave concerns, and recently I had the 

opportunity to raise this issue with UNRWA representatives in my 

recent trip to Israel. 

For the last 50 years, UNRWA camps have become bastions of 

terror and represent a clear and present threat to civil society. I 

would like to stress that in the West Bank and Gaza, because those 

in Jordan, for example, are significantly different due to the behavior and the commitment of the Jordanian Government. And while 

we continue to pour millions of dollars into UNRWA, this agency 

has failed to solve the Palestinian refugee problem. 

Concurrently, many of its facilities have become safe havens of 

anti-Israeli and antisemitic incitement, breeding violence and terror against the Israeli people. And I would like to stress that we 

are not debating the benefits and whether it is efficient use to extend humanitarian assistance to Palestinians or not; that is not the 

issue. What we are debating are the operations of a U.N. agency, 

and the representatives of UNRWA will argue that they cannot 

monitor what textbooks are being used or who is doing what. That 

has been their defense. However, I am sure that we can all agree 

that that is a blatant attempt to avoid any responsibility over its 

operations. If they are not exerting oversight over what is taking 

place in the institutions run by the agency, then the U.S. must 

offer its contributions to this agency. 

When the Commissioner General of UNRWA attempts to justify 

anti-Semitic materials, it reflects an unspoken tolerance of such deplorable behavior, and this does not do justice to the Palestinian 

people, nor to anyone. Rather than promoting tolerance and acceptance of their Israeli neighbors, UNRWA is perpetuating attitudes 

and policies that run contrary to peace. This cannot continue. This 

agency must be reformed, and, accordingly, I urge my colleagues on 

the Committee to support the very important Smith Amendment 

this morning. Thank you, Mr. Chairman. 

Chairman HYDE. The question occurs on the amendment offered 

by the gentleman from New Jersey. All in favor, say aye. 

[A chorus of ayes.] 

Chairman HYDE. Opposed, nay. The ayes have it. The amendment is agreed to. The Chair recognizes Ms. Berkley. 

Ms. BERKLEY. Mr. Chairman, I have an amendment at the desk. 

[The amendment of Ms. Berkley follows:]

355

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H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MS. BERKLEY

Page 154, after line 12, insert the following new section:

1 SEC. 726. SENSE OF CONGRESS RELATING TO TRAVEL

2 ADVISORIES TO ISRAEL.

3 The Congress—

4 (1) recognizes that the Department State per5 forms a valuable function for United States citizens

6 by issuing travel advisories and country reports;

7 (2) recognizes that the first priority of travel

8 advisories is to protect the health and safety of

9 United States citizens traveling abroad;

10 (3) acknowledges the economic plight of the

11 State of Israel and the negative impact of reduced

12 tourism to that country as a result of violent and

13 terrorist actions in the Middle East region;

14 (4) finds that the State Department travel advi15 sory for Israel also incorporates the West Bank and

16 Gaza strip;

17 (5) notes that certain regions within the State

18 of Israel are significantly more safe for tourists than

19 the West Bank, the Gaza strip, or other highly popVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00361 Fmt 6601 Sfmt 6601 F:\WORK\FULL\M050703\86991.001 HINTREL1 PsN: SHIRL

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1 ulated areas that have been subject to terrorist at2 tack;

3 (6) acknowledges that a travel advisory that in4 cludes all the regions of Israel and the West Bank

5 and Gaza Strip dramatically affects the entire econ6 omy of the State of Israel, including regions that

7 have never been subject to terrorism; and

8 (7) calls on the Department of State to try to

9 find ways to differentiate between the regions of

10 Israel, and their relative level of threat, for the pur11 poses of travel advisories.


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Chairman HYDE. The gentlelady’s amendment will be——

Ms. RUSH. Amendment offered by Ms. Berkley: ‘‘Page 154, after 

line 12, insert the following—’’

Chairman HYDE. Without objection, further reading of the 

amendment is dispensed with, and the gentlelady is recognized for 

5 minutes in support of her amendment. 

Ms. BERKLEY. Thank you, Mr. Chairman. I understand that 

there is an agreement to include my concerns in the report language, so I will offer this amendment and withdraw it, if that 

meets with your approval. 

Chairman HYDE. It certainly does. 

Ms. BERKLEY. Two days ago, I met with the Israeli minister for 

tourism and members of his staff. They shared with me the economic devastation done to the Israeli economy by the dramatic 

drop in tourism. As a Representative who has Las Vegas in her district, I can assure you, I know something about the devastating effects of a downturn in tourism. 

The frustration expressed to me by the Israeli officials was that 

the United States State Department travel advisories for Israel are 

overly broad. While the West Bank and the Gaza strip might be 

the subject of the highest level of caution by the State Department, 

and rightly so, there are whole regions of Israel that have been 

practically untouched by violence. This would be analogous to the 

entire United States suffering from a devastating drop in tourism 

because there has been evidence of recent terrorist activity in one 

major city. It would be unnecessary and ill advised to issue travel 

restrictions or advisories for every State in that case. 

My amendment reaffirms the importance of a travel advisory and 

recognizes its purpose, to protect the health and safety of Americans traveling abroad. However, my amendment also recognizes 

that it is too easy to give in to overly cautious mentality where the 

State Department simply issues unnecessarily high threat assessments for unnecessarily broad swaths of geography. 

I believe there must be a more sophisticated model for travel 

advisories, and I believe that it is incumbent that the State Department investigate the possibility of models with a deeper nuance. 

My amendment expresses the sense of Congress that there may be 

a better, more sophisticated model for issuing travel advisories and 

calls on the State Department to investigate these possibilities. 

Israel has been devastated economically, militarily, and I think 

it is time that we help ease these restrictions so that in the safer 

areas of Israel people can travel and feel and be safe. Thank you, 

Mr. Chairman. 

Chairman HYDE. I thank the gentlelady. Mr. Lantos. 

Mr. LANTOS. Mr. Chairman, I just want to express my strong 

support for the initiative of my good friend from Nevada. This is 

a very serious problem. Having been there just last week, I realize 

how absurd these travel advisories, in fact, are. As a matter of fact, 

several of the neighboring countries are suffering from this. The 

country of Jordan is desperately dependent on foreign aid. Conditions in much of Jordan are perfectly peaceful. The Jordanian Government is in need of tourist income, and certainly the Government 

of Israel desperately needs its tourism industry revived. 

358

I join her in calling on the State Department to be far more sophisticated in its issuance of travel advisories than has been the 

case in recent times. Thank you, Mr. Chairman. 

Ms. BERKLEY. Mr. Chairman, can I reclaim a moment of my 

time? Do I have a moment? 

Chairman HYDE. You certainly get a whole full moment. 

Ms. BERKLEY. Thank you, Mr. Chairman. To add some texture to 

my request, 2 years ago, I helped lead a congressional trip to 

Israel. We originally had 13 Members of Congress going to Israel. 

By the time we departed from JFK, because of the concern of terrorism in the Middle East, and particularly in Israel, only 5 of the 

13 Members that originally signed up for the trip went. We returned on September 4th. A week later, we experienced the 

hellacious attack on our country in the World Trade Center. 

So it doesn’t matter where you are, and I think it brought home 

to me the fact that I was safer in Israel than I would have been 

in New York at the World Trade Center at that time. Thank you. 

Chairman HYDE. Does the gentlelady wish to withdraw her 

amendment? 

Ms. BERKLEY. If you give me permission to do so. 

Chairman HYDE. I don’t think it is necessary, but——

Ms. BERKLEY. Then I ask unanimous consent. 

Chairman HYDE. That is not necessary either. 

Ms. BERKLEY. What is necessary? 

Chairman HYDE. Just state that you wish to withdraw your 

amendment. 

Ms. BERKLEY. I wish to withdraw my amendment. 

Chairman HYDE. Very well. It is so ordered. 

Mr. BEREUTER. Mr. Chairman. Mr. Chairman. 

Chairman HYDE. Mr. Bereuter. 

Mr. BEREUTER. I ask unanimous consent to speak out of order for 

1 minute. 

Chairman HYDE. Without objection, so ordered. 

Mr. BEREUTER. Thank you, Mr. Chairman. I am pleased to inform the Committee that the Senate, by a unanimous vote of 96 to 

0, has approved the ratification changes to bring in seven new 

members of NATO: Bulgaria, Estonia, Latvia, Lithuania, Romania, 

Slovakia, Slovenia. And now they have joined Canada and Norway, 

by their respective procedures, to bring in these seven new members. Now, the seven, plus the earlier three of Hungary, Poland, 

and the Czech Republic, of course, constitute an erasure of the 

lines drawn across Europe at Yalta. 

This is a bipartisan success story. It involves effort by the Clinton and Bush Administrations. I think the House took actually the 

leading role in the world in initiating the first round, and I want 

to thank all of you for the support that you gave to the Europe 

Subcommittee in the process of advancing our own legislation last 

year in this respect. These 7, really 10, countries, having lived 

under totalitarian rule for 50 years, understand the importance of 

freedom, and they have pledged themselves to continued improvement and, in fact, to the protection of the existing 19 under the 

Mutual Security Pact. 

So it is a great day, and it comes on the 58th anniversary of Victory in Europe Day. Thank you, Mr. Chairman. 

359

[Applause.] 

Chairman HYDE. The Chair recognizes the gentleman from New 

Jersey, Mr. Smith. 

Mr. SMITH OF NEW JERSEY. Mr. Chairman, I have an amendment 

at the desk. 

[The amendment of Mr. Smith of New Jersey follows:]

Chairman HYDE. The clerk will report the amendment. 

Ms. RUSH. Amendment offered by Mr. Smith of New Jersey regarding East Timor scholarships: ‘‘Page 16, line 21, strike 

500,000—’’

Chairman HYDE. Without objection, further reading of the 

amendment is dispensed with. The gentleman is recognized for 5 

minutes. 

Mr. SMITH OF NEW JERSEY. Thank you very much, Mr. Chairman. A few years ago, I first met Chenana Guzmau when he was 

in a Jakarta prison, and he now is the President, as we all know, 

of East Timor. What a remarkable change has occurred in that 

country, although it has been ravaged by war. It is believed that 

a billion dollars in damage was done during the course of that war, 

and thousands died. 

The amendment that I am offering today is an attempt to double, 

to go from $500,000 to a million, still a very modest amount of 

money, for scholarships for East Timorees applicants for both undergraduates as well as post graduates. We all know this has been 

a limited success story primarily because it has been very hard 

during the course of this transition to democracy to get those candidates, although some have gone to the East-West Center in Hawaii and gotten an excellent education. 

It seems to me that right now, as this emergent democracy is on 

the verge of breaking out, we should do what we can do to help 

education, and President Guzmau has asked repeatedly—he needs 

help in the area of education. There was a 2002 UNDP assessment, 

a report, that found that East Timor’s education standards are 

among the lowest in the world. They need help. This is not a budget buster. Perhaps it even should be more, but at least it is a step 

in the right direction to say, if we want to help a country matriculate into democracy and to have a robust economy, certainly investments in education are a very important step in that direction. So 

I would hope that Members could support the amendment. 

Chairman HYDE. Any further discussion? 


86991a.eps
360

Mr. FALEOMAVAEGA. Mr. Chairman. 

Chairman HYDE. Mr. Faleomavaega. 

Mr. FALEOMAVAEGA. Mr. Chairman, I want to add my fullest 

support to the gentleman’s proposed amendment concerning offering scholarships to students from East Timor. It was my privilege 

in the past to personally visit East Timor and see the terrible experience that these people have had under the colonial rule of the Indonesian Government. Some 200,000 East Timorees were tortured 

and murdered by the Indonesian military. 

East Timor now is a fully independent nation, and I cannot emphasize enough what my good friend from New Jersey has mentioned, the fact that the salvation of any society, and especially 

with this government that has just barely started, that education 

is the salvation of these people, and we sincerely hope that providing scholarships for the students from East Timor will be an 

added feature in their development toward greater self-development in various areas that are needful for this government to survive. 

I might also add that the former staff director of one of our Committees, chaired by my good friend from New Jersey, is now Ambassador to East Timor, Mr. Reese, and I am sure that this is going 

to be a real added measure of help, giving assistance to this sorely 

needed area for development for the East Timor Government, and, 

again, I want to thank the gentleman for bringing this to our attention. 

Chairman HYDE. The question occurs on the amendment offered 

by the gentleman from New Jersey. All of those in favor, say aye. 

[A chorus of ayes.] 

Chairman HYDE. Opposed, nay. The ayes have it. The amendment is agreed to. Mr. Payne of New Jersey. 

Mr. PAYNE. Thank you, Mr. Chairman. Let me, first of all, commend you for the portrait unveiling yesterday, last night. I think 

it was a very handsome picture. I thought it would be hanging over 

us today, but I guess it will be coming up soon. 

Chairman HYDE. I hope so. 

Mr. PAYNE. So, therefore, I suppose my amendment will be in 

good shape. [Laughter.] 

I have an amendment at the desk. 

[The amendment of Mr. Payne follows:]

361

1

H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. PAYNE

Page 56, after line 8, insert the following:

1 SEC. 256. GRANTS TO THE AFRICA SOCIETY.

2 (a) GRANTS TO THE AFRICA SOCIETY.—For any fis3 cal year, the Secretary of State is authorized to make

4 grants to the Africa Society to carry out programs and

5 activities that advance United States interests and values

6 in Africa through public and private partnerships that fa7 cilitate the continent’s political transition to more open

8 democratic societies, support equitable economic growth

9 through trade and investment, support efforts to promote

10 transparency and openess through the public and private

11 sectors, encourage civil society growth and development,

12 and promote awareness of all Americans about Africa,

13 consistent with a grant agreement under such terms as

14 the Secretary of State considers necessary and appro15 priate.

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to carry out this section

18 $1,000,000 for the fiscal year 2004 and such sums as may

19 be necessary for the fiscal year 2005.


86991o.AAB
362

Chairman HYDE. The clerk will designate the amendment. 

Ms. RUSH. Amendment offered by Mr. Payne: ‘‘Page 56, after line 

8, insert the following—’’

Chairman HYDE. Without objection, further reading is dispensed 

with, and the gentleman from New Jersey is recognized for 5 minutes in support of his amendment. 

Mr. PAYNE. Thank you, Mr. Chairman. This amendment is a 

grant to the Africa Society, a private, nonprofit corporation which 

is the outgrowth of the National Summit on Africa, which was an 

unprecedented effort to increase understanding to Americans of all 

ages and walks of life about Africa. 

In February 2000, the summit’s dialogue and celebration of Africa resulted in the largest, most diverse gathering of Africa-interest 

individuals in the history of the United States. Over 8,000 delegates and participants representing every state and territory—and 

a network of over 25,000 Americans and others—engaged in bringing this dialogue to fruition because the dialogue began in each of 

the individual states. 

The Africa Society, formed in 2002, following the Summit on Africa and building on its momentum, galvanized an active constituency here in the United States that would create and would help 

this new relationship between the United States and Africa. It 

would reinforce already existing ones, and give exposure to African 

leaders of various sectors. The mission of the Africa Society is to 

enhance awareness of all Americans on Africa and to create linkages between the two, whether they be educational, business, or 

trade related. 

The primary programs and activities of the Africa Society are national interdisciplinary programs for K through 12 and also to the 

university levels; conferences, seminars, and private meetings on 

critical topics; exchange programs for legislators, business, and 

civil society participating; focusing on leadership and development; 

programs that encourage people-to-people collaboration concerning 

U.S.-Africa relations; and public policy research that provides succinct and reliable policy analysis in support of policy-making toward Africa; publication and information dissemination through 

both electronic and print media; and a national data base of persons interested in U.S.-Africa affairs. 

The society also partners with media organizations in developing 

balanced and positive programs that more accurately depict the 

continent of Africa. They work to promote free and democratic institutions throughout Africa, facilitate private sector initiatives, 

and facilitate nongovernmental participation and exchanges between Africa and the United States. 

The activities of this organization have done a great deal toward 

building a strong constituency for Africa in the United States, 

which is absolutely essential to getting more support for Africa 

here in Congress. Their work has helped to inform Americans 

about this vast, rich, complex continent, which gets such a bad rap 

sometimes, and would help create a more balanced image of Africa, 

one that is more fair and accurate than what is usually depicted. 

The Africa Society needs financial support for their invaluable 

work to strengthen and broaden their activities in the areas of education and culture, research, and provisions of Africa related to inVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00368 Fmt 6601 Sfmt 6601 F:\WORK\FULL\M050703\86991.001 HINTREL1 PsN: SHIRL
363

formation, public outreach, and communications. This amendment 

would give this stellar organization the necessary funds to carry 

out the mission. 

As you know, Africa is becoming one of our top oil producers. We 

think that, with the work of the Africa Society, we will be able to 

help countries ward off fundamentalism, which is growing in some 

of the African countries. As you know, the continent supplies up to 

perhaps 20 percent of the oil imported by the United States, with 

new finds in places and gold in other places that produce a tremendous amount of oil. 

We think it is in our national interest, and we have gotten support from many people: Secretary Colin Powell, before he was Secretary of State; Jack Kemp; Andy Young, former Ambassador, and 

many others. So I would urge that we support this amendment, 

and with that, I will yield back. 

Chairman HYDE. Thank you. Mr. Lantos. 

Mr. LANTOS. Mr. Chairman, first, I want to commend my dear 

friend and our distinguished colleague from New Jersey for taking 

this initiative. He has devoted decades of his life to improved U.S.-

Africa relations in an extremely sophisticated and substantive fashion. 

This is an extremely good proposal. We have been supporting key 

NGOs in other portions of the world. The Asia Foundation has 

done useful work in promoting civil society, the rule of law, democracy, the creation of fundamental human rights and better governance in Asia. This is a parallel entity, and I strongly urge all of 

my colleagues to support Mr. Payne’s initiative. 

Chairman HYDE. The question occurs on the amendment offered 

by the gentleman from New Jersey——

Ms. WATSON. Mr. Chairman. 

Chairman HYDE. I am sorry. Ms. Watson is recognized. 

Ms. WATSON. Thank you, Mr. Chairman. I want to register my 

strong support for Mr. Payne’s amendment that would provide 

funding to the Africa Society. I have had the opportunity to attend 

functions and seminars sponsored by the society and have been 

highly impressed. 

The mission of the Africa Society is to educate all Americans 

about Africa and its people and to build bridges of understanding 

and communication between the United States and the African continent. It is a nonprofit and nonpartisan think tank and public organization that has already created a number of impressive partnerships, including the World Affairs Council, UCLA, Discovery 

Communications, the Ralph Bunche International Center at Howard University, and the State University of New York at Albany. 

While many still view Africa as a marginalized continent, its economic and strategic importance to the United States has actually 

grown immensely since the events of 9/11. The United States military has increased its presence in the strategic port of Djibouti and 

other regions of the continent which are in close proximity to the 

Persian Gulf. 

New discoveries of strategic oil reserves in Africa, particularly off 

the shore of the Gulf of Guinea, may offer a significant alternative 

to oil in the volatile Middle East. As many of you know, the AdminVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00369 Fmt 6601 Sfmt 6601 F:\WORK\FULL\M050703\86991.001 HINTREL1 PsN: SHIRL
364

istration is actively exploring alternatives to reliance on Middle 

East oil, and Africa perhaps offers the best alternative. 

Moreover, just as we realize that nation building and democracy 

building are important to the stability and combating terrorism in 

the Middle East, so should we realize that the African continent 

has a significant Muslim population, many of whom are young and 

live in either failed or marginal states. The Africa Society will create and offer important lines of communication between the African 

continent and the concerned educators, diplomats, and private citizens. 

It is critical that we do not forget this important region of the 

world as we combat terrorism and political instability around the 

globe. The amount of the request for funding for the Africa Society, 

by an standard, is modest, whose return on investment, I believe, 

will be in the multiples of millions of dollars. I encourage my colleagues to support this amendment. 

Mr. MEEKS. Mr. Chairman. 

Chairman HYDE. Oh, Mr. Meeks. 

Mr. MEEKS. Thank you, Mr. Chairman. I want to also thank the 

gentleman from New Jersey for this amendment, and very briefly, 

if there is any continent that is probably misunderstood or not 

known about at all in the nature that it should be, it is the continent of Africa. And, indeed, the world that we currently live in 

is much smaller than it was 40, 50 years ago. We have a global 

economy; therefore, we need global understanding. And what this 

society, the Africa Society, will do is to help promote that global 

understanding. 

When we look at the public educational curriculum, or any educational curriculum, for that matter, most of the time what is left 

out is the continent of Africa, so, therefore, that leads to misunderstanding and leads to the United States not being focused on trade 

and the trade opportunities that we can have there as well. 

So this bill, and what the Africa Society will be promoting, is not 

only beneficial for the Africans; it is beneficial for those of us here 

in America so that we can see that the opportunities that present 

themselves there and, therefore, creating opportunity and hope for 

people there by having a better global understanding. As indicated 

by the gentlelady from California, it is a method of where we can 

find oil and other natural resources so that we are not depending 

upon oil from other places. 

It is a bill that I think, with this modest amount, will go a long, 

long way to improving relations and having a great opportunity for 

the betterment of both Africa and the United States of America, 

and I yield back. 

Chairman HYDE. Thank you. Is there any further discussion? 

[No response.] 

Chairman HYDE. If not, the question occurs on the amendment 

offered by Mr. Payne. All in favor, say aye. 

[A chorus of ayes.] 

Chairman HYDE. Opposed, nay. The ayes have it. The amendment is agreed to. Mr. Tancredo. 

Mr. TANCREDO. I have an amendment at the desk. 

[The amendment of Mr. Tancredo follows:]

365

1

H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. TANCREDO

Page 154, after line 12, insert the following (and

conform the table of contents accordingly):

1 SEC. 726. SENSE OF CONGRESS CONCERNING THE

2 ISSUANCE OF ALIEN IDENTIFICATION CARDS

3 BY FOREIGN GOVERNMENTS.

4 (a) FINDING.—Congress finds the following:

5 (1) Several foreign governments, through their

6 consular and diplomatic offices in the United States,

7 have undertaken efforts to influence State and local

8 governments and their political subdivisions to ac9 cept matricula consular cards as proof of identity for

10 their nationals living in the United States.

11 (2) The primary beneficiary of this activity are

12 people living in the United States illegally.

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that the Secretary of State should engage in direct

15 discussions with those foreign governments involved in ac16 tivities described in subsection (a) and request that these

17 governments refrain from using their consular and diplo18 matic offices in this manner.


86991ae.AAB
366

Chairman HYDE. The clerk will report the amendment. 

Ms. RUSH. Amendment offered by Mr. Tancredo: ‘‘Page 154, after 

line 12, insert the following—’’

Chairman HYDE. Without objection, further reading of the 

amendment is dispensed with. 

Mr. BERMAN. Mr. Chairman, could I reserve a point of order on 

this amendment? 

Chairman HYDE. The gentleman wishes to reserve a point of 

order. It shall be reserved. Without objection, further reading of the 

amendment is dispensed with, and Mr. Tancredo is recognized for 

5 minutes. 

Mr. TANCREDO. Thank you, Mr. Chairman. Mr. Chairman, in the 

last year and a half or so, a peculiar development has arisen in our 

relationship with several countries, particularly with Mexico, over 

the issue of the matricula consular. This is a card that is issued 

by foreign governments to their nationals. Certainly, every country 

has the right to use such a document and to issue it to their nationals. This is nothing that is new. 

However, what is new is that in the last, as I say, year and a 

half or so, the Mexican Government has charged the Mexican consuls in the United States, the consular officials living here, 41 or 

2 of them, with the responsibility of going out and lobbying State 

and local governments in order to get them to accept the matricula 

consular issued by the Mexican Government to its nationals living 

in the United States. 

Now, they are very clear about exactly what it is they want to 

accomplish. Several members of the Mexican Government have 

stated on many occasions, and very publicly, that the purpose of 

doing this, the purpose of using their consular offices in the United 

States to lobby State and local governments in the United States, 

is to essentially get around the problem that they face in trying to 

obtain an amnesty for people living here illegally, for Mexican citizens living here illegally. 

In fact, not too long ago, Roberto Hernandez, the General Director of Consular Affairs for the Mexican Foreign Ministry, said in 

the paper,

‘‘We all know that there will be no migration agreement soon, 

but we must look for alternatives so that Mexicans already 

here . . .’’

meaning in the United States,

‘‘. . . can live in a better manner. It is necessary to push the 

agreement at all levels,’’

he said.

‘‘A little lobbying—pushing for Mayors up to the Governors, 

then going through congressional Representatives; it is worth 

the effort,’’

he says.

‘‘If there is an accord between the two countries, then it must 

go to Congress, so why not do this in reverse? We work first 

with the States and cities, and then it will be easier to push 

forward with an agreement. In the long run—I don’t know if 

367

it will be 1 year or 2 years or 10 years—we are going to have 

a migration agreement because it is a reality. It has already 

happened,’’

he says. And we have many other statements of a similar nature 

by members of the Mexican Government. They agree. They state 

publicly that they are trying to use the consuls to lobby State and 

local governments to get them to aid people to break the law of the 

land.

Now, I wonder, Mr. Chairman, what would happen if it were in 

reverse. What would happen if an American consular official would 

go to a state in Mexico and say, ‘‘You know, I would like you to 

help us do something that would violate the national law,’’ because, 

in fact, really the only people in the United States of America, the 

only foreign national in the United States that needs the matricula 

consular for identification purposes are people who are living here 

illegally. 

If you have come into this country legally, there is, of course, a 

document that you get from us, you know, a visa, a green card, or 

whatever. You do not need anything issued by a foreign government, and certainly no entity of the United States, no State or locality, should be accepting these for identification purposes. 

They can fraudulently be made. We have already arrested someone in Colorado who had three of these cards in his possession, 

three of them with his picture on them, but, of course, a different 

name for every card. 

So when we are told that we should accept these things because 

they are valid forms of identification for people who are living here 

illegally, that is patently untrue. It has one purpose and one purpose only. It is to obtain amnesty for people who are living in the 

United States and to do so because they cannot get it through the 

Congress of the United States. They say this is exactly what their 

purpose is. 

So my amendment simply instructs the Secretary of State, 

through a sense of Congress, that the Secretary of State should engage in ‘‘direct discussions with those governments involved in activities described in this section and request that the governments 

refrain from using their consular and diplomatic offices in this 

manner,’’ and I reserve the balance of my time. I am not sure if 

I can reserve. 

Mr. MENENDEZ. Mr. Chairman. 

Chairman HYDE. Who seeks recognition? 

Mr. MENENDEZ. Mr. Menendez. 

Chairman HYDE. Mr. Menendez. 

Mr. MENENDEZ. Thank you, Mr. Chairman. Mr. Chairman, I am 

not surprised by my colleague from Colorado offering this amendment. However, I think that his arguments are really maybe for 

the Judiciary Committee, where immigration issues are generally 

held, but the specifics of his arguments are misfounded. First of all, 

every country has the right to issue to its nationals identification, 

and now we want to tell the Government of Mexico, and I guess 

we will begin on a long list of countries, that, no, you do not have 

the right to issue to your nationals identification, specifically an ID 

that tells us who this person is. 

368

It seems to me that, for even security purposes, it makes eminent 

sense that instead of not knowing who the person is, that, in fact, 

we would know who the person is and that we would have the 

wherewithal to be able to communicate with that government 

should this person run afoul of the law in a way in which we would 

be concerned, but that, in essence, would be an ability for law enforcement to be able to identify this person and pursue their background. 

Lastly, most of what this is actually used for is for purposes of 

opening up a simple bank account. It is for the purposes of instead 

of having this money in this economy outside of a legal source, to 

be able to have money in this economy through registered bank accounts, which inures not only to the benefit of those financial institutions but to this country in general, and people are able to pay 

their taxes legally and otherwise meet their obligations. 

This is not about amnesty, and everyone knows that any form of 

legalization of undocumented immigrants in this country can only 

come through congressional legislation and ultimately the signature of a President. However, it is about treating those who are 

clearly inside of this country with a certain degree of dignity. It is 

about security. It is about identifying individuals. It is about having a way in which, clearly, all of those people who Mr. Tancredo 

would seek to punish, all of those people who are making beds in 

hotels, all of those people who are putting food and vegetables on 

our tables, all of those who pick the poultry in Arkansas, all of 

those who are doing the construction industry in North Carolina, 

all of those who are in the service industry in California and the 

East and West Coasts, and many, many others. It is to punish 

them. 

Now, this Administration must come to a conclusion. Does it seek 

to engage Mexico, as the President has said so many times, in a 

legalized and regularized form of immigration to this country 

where the dignity, worth, as well as the interests of both countries 

are served, or do we simply wish to punish those for which we take 

advantage each and every day? That is the real issue. 

So, therefore, I really urge, if this amendment ends up being an 

order, to have our colleagues vote against the amendment. 

Mr. GALLEGLY. Would the gentleman yield? Mr. Menendez, 

would the gentleman yield? 

Mr. MENENDEZ. Sure. I would be happy to yield to the gentleman. 

Mr. GALLEGLY. I would just like a clarification. I understood Mr. 

Tancredo to say in this issue, and for those of us that have had 

concerns about the matricula consular, that there is no effort to 

prohibit the Mexican Government or any other government from 

producing the document. The issue is whether we would accept a 

formal document, a document for formal identification purposes, inside the United States issued by a foreign government, other than 

a passport, that could be used for services or benefits or whatever 

without any control over the method which they were produced. 

Mr. MENENDEZ. Reclaiming my time, the fact of the matter is 

that there is no Federal entity that recognizes or accepts it, and if 

a State or a locality chooses to do so, since we believe that the 

States know best, which I know our Republican colleagues have alVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00374 Fmt 6601 Sfmt 6601 F:\WORK\FULL\M050703\86991.001 HINTREL1 PsN: SHIRL
369

ways told us, the States know best, and we should leave it up to 

their discretion. It is up to the State or local municipality to make 

that decision, but there is no Federal entity that accepts it, and obviously no Federal entity could unless an act of Congress took 

place. 

So this is really about punishing millions of Mexicans who are 

in this country who we say we want to work with the Mexican Government to legalize and regularize their status, but this is really 

about punishing them. 

Chairman HYDE. Mr. Gallegly, seek recognition? 

Mr. GALLEGLY. Yes. Strike the last word. 

Chairman HYDE. The gentleman is recognized for 5 minutes. 

Mr. GALLEGLY. If I could follow up and enter into a colloquy with 

Mr. Menendez. Mr. Menendez, very simply put, could you explain 

to me and to our colleagues who, other than an illegal immigrant, 

an international terrorist, or a criminal seeking another form of 

identification, needs matricula consular as a source of identification 

in the United States? Is there any other individual or group that 

would have the need for that document? 

Mr. MENENDEZ. Well, your question is like did you beat your wife 

today? To suggest that a terrorist is going to be given a matricula 

consular is insulting to the process and to the Mexican people. 

Also, the fact of the matter is you could be here pending status, 

waiting for your adjustment of status, and need to have an ID in 

the process. So there are people in walks of life in different processes that might need a matricula consular. 

Mr. GALLEGLY. Reclaiming my time, let us rephrase my question, 

then. I did not mean to offend Mr. Menendez or the Mexican Government or the Mexican nationals in this country. Let us forget 

about international terrorists or criminals seeking another form of 

identification. Is there any group, other than someone that is currently illegally in the United States, that would have a need for the 

use of this document, Mr. Menendez? 

Mr. MENENDEZ. You could, in fact, be a United States permanent 

resident. You could, in fact, be even a United States citizen of 

Mexican descent and seek to have a matricula consular for other 

purposes, including purposes within Mexico—travel, business, 

other purposes. So there is a perfectly legal reason for the Government of Mexico to give such identification to people, should they 

choose to do so. 

Mr. GALLEGLY. Reclaiming my time, the issue really isn’t the 

issuance of the document. The issue is of who needs the document 

for purposes of use within the United States. 

Mr. TANCREDO. Would the gentleman yield? Would the gentleman yield? 

Mr. GALLEGLY. Mr. Tancredo. 

Mr. TANCREDO. I thank the gentleman for yielding. Once again, 

I draw your attention to the actual amendment. The amendment 

does not discuss, in any way, shape, or form, whether a country 

should offer its citizens a matricula consular. That is none of our 

business. Countries do. We all recognize that. This amendment has 

nothing to do with the offering. It actually has nothing to do with 

who is benefitted by it. 

370

I happen to agree completely with Mr. Gallegly that really the 

only people, or certainly the largest number of people, who could 

possibly benefit by the use of the matricula in the United States 

are those people living here illegally. Otherwise, you have identification that this government offers to you when you come in. But 

this amendment doesn’t deal with that issue. 

All it says is that we ask the Secretary of State to please register 

our concern with those governments who are using their consular 

offices here to go to States and localities to lobby them to get them 

to take the matricula, accept the matricula. That is the only purpose of this amendment. It has got nothing to do with governments 

offering them or whether or not people should have them. Those 

are debates we can and should certainly have, but that has got 

nothing to do with this amendment. I yield back to the gentleman. 

Mr. GALLEGLY. The gentleman from California, Mr. Berman. 

Mr. BERMAN. I will seek my own time. 

Mr. GALLEGLY. Okay. I would return the balance of my time. 

Chairman HYDE. Mr. Lantos. 

Mr. LANTOS. Thank you very much, Mr. Chairman. I want to 

identify myself strongly with the points made by my good friend 

from New Jersey, Mr. Menendez. In my home State of California, 

these cards have been recognized for a long, long time for identification purposes, to obtain, for instance, a library card. Now, I see 

nothing sinister in a Mexican individual, seeking to improve his 

education, to be able to go to the local public library and use this 

card for the purpose of obtaining a public library card from a community in California. I think the amendment before us would strip 

from hard-working individuals the ability to engage in normal activities in our society. 

If I may bring the argument to a broader level, relations between 

the United States and Mexico have rarely been as strained and as 

unstable and as fragile and as hostile as they are today. I think 

it would be a gratuitous and most unfortunate slap in the face of 

the Mexican people, the Mexican Government, and Mexicans living 

in the United States to approve this amendment. I strongly urge 

my colleagues to reject it. Thank you. 

Mr. GALLEGLY. Would the gentleman yield, the gentleman from 

California? 

Mr. LANTOS. I will be happy to yield. 

Mr. GALLEGLY. Mr. Lantos, you mentioned the fact, and we are 

both Californians, and we have lived there for a major part of our 

lives, a long time—I am a native Californian. Would you not say 

that one of the real reasons the relationship with our friends and 

neighbors to the south in Mexico, one of the principal reasons that 

that relationship is strained is by the fact that there are probably, 

depending on whose numbers you use, somewhere between nine 

and 13 million people illegally in the country, and in the State of 

California probably there is half of that number, or at least a third 

of those in California? Would you say that that may be one of the 

major reasons that the relationship is somewhat strained with our 

friends? 

Mr. LANTOS. If my friend will yield. 

Mr. GALLEGLY. Yes. 

Mr. LANTOS. Or did I yield to you? We will yield to each other. 

371

I might say to my friend from California that there is a whole 

complex set of reasons why relations between the United States 

and Mexico are strained as we speak, and it would take a long 

seminar of a whole day to, at least, begin to explore the complexity 

of that relationship. 

My point is a different one. I take it from my friend’s comments 

that he agrees with me that relations between the United States 

and Mexico at the moment are extremely strained. If they are 

strained for the reason my friend indicates, I don’t see nine or 13 

million, or whatever your figure is, people suddenly disappearing. 

So we are dealing with a fact of life. 

My purpose is to attempt to ameliorate relations between the 

United States and Mexico and not to aggravate them. Approving 

this amendment would clearly be a very negatively perceived action, and while I think there are many complex factors in U.S.-

Mexico relations, there is no reason at this moment, gratuitously, 

to add yet another aggravating fact to an already difficult relationship, and I again urge my colleagues to reject this amendment. 

Chairman HYDE. The Chair would like to deal with the point of 

order earlier reserved by Mr. Berman. The point of order really 

should be and would be sustained. However, the author could offer 

his original version, which was filed before 5 o’clock, I am told, yesterday, which is in order, and then a colleague could offer the pending amendment as a substitute. 

So we could get from here to there using that route, and rather 

than waste time, the Chair would urge the gentleman from California to withdraw his point of order. 

Mr. BERMAN. Could I also get recognized to speak against the 

amendment at the same time? 

Chairman HYDE. You can get recognized any time you want. 

Mr. BERMAN. I would like to be recognized, Mr. Chairman. 

Chairman HYDE. The Chair recognizes the gentleman from California. 

Mr. BERMAN. I withdraw my reservation, although I do point out 

that, under the scenario that Mr. Tancredo would have to use in 

order to get to this point, were I to insist on my point of order, it 

would require him to find another colleague willing to offer this 

amendment, and I am not sure he would be able to. But notwithstanding that, I withdraw my point of order. 

I would like to speak very strongly against the amendment for 

a number of different reasons on the substance and then one political observation. Mr. Tancredo says this isn’t about the merits of 

this card. This isn’t about who the primary beneficiary is of this 

card. This is about, in a sense, the outrage that the Mexican Government is using its consular and diplomatic resources to lobby 

State and local governments to authorize the utilization of these 

cards for certain particular purposes. 

He says, how would the Mexicans feel if we spent our resources 

asking Mexican entities to adopt certain measures? Well, as a Congressman from California in Los Angeles County who has had the 

District Attorney of Los Angeles, the Sheriff of Los Angeles and 

representatives of the State legislature come to me to try and get 

our State Department to lobby the Mexican Government and its officials to extradite prisoners. The Mexican Constitution says they 

372

cannot extradite anybody to a jurisdiction where that person might 

get the death penalty or life imprisonment without the possibility 

of parole, I would suggest that every day we are trying to get our 

State Department to use its resources to lobby the Mexican Government and entities within Mexico to change the situation so that 

Mexico will not shield people accused of the most heinous kinds of 

crimes from being brought to justice in this country. 

There is nothing outrageous about it. It is totally appropriate, 

and——

Mr. TANCREDO. Will the gentleman yield? 

Mr. BERMAN. Not yet, but I will at the end. 

Secondly, who is the primary beneficiary of this? Mr. Tancredo, 

while saying his resolution isn’t concerned about that, states that 

the primary beneficiary of this activity are people living in the 

United States illegally. Well, the process for getting one of these 

cards is that the Mexican Government checks the applicant for one 

of these cards, goes to find his birth records in Mexico, verifies 

that, in fact, these are the birth records, and this is where this person is from, and that this card reflects that person’s true identity. 

Who benefits from that information? Local law enforcement agencies all over this country, who want to know when someone complains about a crime who that person is and wants the true identity of that person. This is one way, one readily available way, of 

confirming the true identity of that person, which means that 

many people who are victims of crimes or are witnesses to crimes 

are more willing to come forward to local law enforcement and provide information about the crimes, so law enforcement benefits 

from it. 

Our security interests benefit from it because we are sure a heck 

of a lot better off when people reveal their true identities than 

when they give the phony Social Security cards and the phony documents to the employers in Mr. Tancredo’s district who are picking 

crops and maintaining services and providing hospitality services 

and tourism services using the efforts of undocumented people in 

this country and undocumented workers. So our security interests 

are enhanced by the existence of this card. 

The banking industry, which now knows the true identity of a 

person seeking to take an account out and use the banking services 

rather than the usurious loan sharks who are charging incredible 

amounts of money to cash the pay checks of many of these hardworking people in order to provide remittances back to the home 

country and to just afford the basic necessities of life, they are primary beneficiaries of this card. 

There are a lot of important and legitimate interests and institutions in the United States, many of them governmental, which benefit from the existence of this card. 

Now, the partisan part of me would like to have this come to a 

vote, and there will be a rollcall vote on it if it does, to see what 

the majority party wants to do on an issue like this where a card 

that is not used by Federal agencies and not recognized but is only 

utilized by State and local agencies that have decided that it is in 

their interest, that they are better served by doing this. We are 

going to pass a resolution telling the Mexicans we don’t trust our 

State and local governments to make wise decisions, and they have 

373

to stop their lobbying activity to get them to make those decisions 

because these easily manipulated agencies don’t know what they 

are doing. 

Chairman HYDE. The gentleman’s time has expired. 

Mr. BERMAN. I yield back. 

Mr. PAUL. Mr. Chairman. 

Chairman HYDE. Thank you. Who else seeks recognition? Mr. 

Paul. 

Mr. PAUL. Thank you, Mr. Chairman. I would like to speak in 

favor of the amendment, and I would like to also inform the Committee that if we had been forced to follow the point of order and 

had the original amendment introduced, I would have been glad to 

offer this amendment to the amendment. 

I support this because it doesn’t seem to be overwhelming in that 

it is merely asking our officials to discuss this and hopefully influence them away from talking to the State and local governments 

about using these cards. So, to me, it seems rather modest, and I 

do think the immigration problem is out of control. So, therefore, 

I am going to vote for this, and I don’t think it is quite as extreme 

as it is being painted. As a matter of fact, I think at times there 

seems to be some distortion of what it really does, and at this time, 

I would like to yield to the gentleman from Colorado. 

Mr. TANCREDO. I thank the gentleman for yielding. 

It is completely appropriate for one government to lobby another 

government to get them to change their law in the case that my 

colleague has just cited, especially in terms of extradition treaties, 

perfectly appropriate. No one is arguing that. What I feel is inappropriate is for one government to use its consular officials to try 

and get other States and localities to help them avoid the law, to 

help people break the law, and that is exactly what is happening 

here. 

There is a law that says you cannot come into this country——

Mr. LANTOS. Will the gentleman yield for a moment? 

Mr. TANCREDO. No. I will not yield. There is a law that says that 

you have to get the permission of the United States to come into 

this country legally. If you do so in any other way, you are violating the law. When you reward someone for doing that by accepting a card given to them by their government for purposes of identification, then, of course, I think it is inappropriate. It is especially 

inappropriate for consular officials to be going into States and localities, as they do, and as they admit to doing, for purposes of obtaining that kind of arrangement. 

It is also important to understand that these are not verifiable, 

that these are documents that are sometimes handed out in vans 

parked in certain localities. You can go up to the van, in relatively 

few minutes, and you show them some sort of documentation to say 

you are so-and-so. They will provide you with a card within a very 

short period of time. It is not verifiable. It is not something so foolproof that all of these organizations and police departments should 

have any comfort in taking. 

We, as I mentioned earlier, already arrested someone in Colorado 

that had three of these cards, all of them with his picture on but 

all with different names, and all issued by the Mexican Consulate 

374

in Denver. So there is certainly nothing that would make me feel 

comfortable about the validity of the card. 

And it also important to reiterate, because we keep talking about 

the issue of matricula in and of itself and the issue of illegal immigration and all the rest of it, which is certainly an issue I like to 

talk about. I like to get involved in a good, healthy debate, but it 

is really not connected to this particular amendment. This has got 

to do with the propriety of using the resources of the Mexican Government in the United States, their consular offices, to act in a way 

which I think is totally improper. And when, by the way, I brought 

this to the attention of the Secretary of State when he was here 

in front of our Committee, he indicated that he had a concern 

about it. We have written him about it. There is a concern about 

using that in this way. I yield back. 

Mr. PAUL. Okay. Thank you for yielding back, and I yield to the 

gentleman from California. 

Mr. GALLEGLY. Thank you, Mr. Paul. I find it interesting because 

there appears to be kind of a partisan bend to this, but I would like 

to remind my colleagues that the City of New York, New York 

City—and Mr. Crowley might correct me if I am wrong, but I still 

think that it is the largest city in the Nation—voted by a large 

margin to not accept this document for all of the reasons that have 

been expressed in this meeting, and I don’t think that the City of 

New York is known as a bastion for conservative politics. I yield 

back the balance of my time. 

Chairman HYDE. The gentlelady from California, Ms. Watson. 

Ms. WATSON. Thank you so much, Mr. Chairman, and thank you 

to the Ranking Member for understanding what a dangerous 

amendment this is. To ask the Secretary of State to involve himself 

in discussions with a foreign government and their way of supplying identification for those who intend to go to the United States 

treads in a very tenuous area. 

I have heard illegal, illegal, illegal. If there is an issue whether 

people coming into the United States from over our southern border are illegal, this is an INS issue. 

What people need in California, where we have the largest number of Spanish-speaking people outside of Mexico, is a way to identify themselves. You can’t get on a plane. Forget about driving a 

car. Today, we need ID, whether they are here legally or illegally. 

What this bill should be doing is encouraging the INS, and I 

don’t know if it is the province of this Committee or not, to look 

into these issues, not to ask our Secretary of State to go to foreign 

governments and ask them not to use an identification that will assist their people. I think this is the wrong place for this, and it is 

going in the wrong direction. 

As a former Ambassador, these issues are the province of our 

United States if we issue them and the province of another government. If there is something illegal, we should go to the INS on this 

issue. 

So I would ask Mr. Tancredo if he would please withdraw this 

particular amendment. It sends the wrong message, and if you 

want to stop illegals, this is not the way to do it. But we need identification for people who are within our country and on our streets. 

375

And so I would request that, Mr. Tancredo, you withdraw this 

amendment. Thank you, Mr. Chairman. 

Mr. DELAHUNT. Would the gentlelady yield? Would the 

gentlelady yield? 

Ms. WATSON. I am finished. 

Mr. DELAHUNT. Would you yield your remaining time? 

Ms. WATSON. Yes. I certainly would. 

Mr. DELAHUNT. I thank the gentlelady for yielding. I just want 

to say I am really stunned by the statement, and maybe it was a 

misinterpretation by myself, but that the Mexican Government is 

intentionally advocating—its advocacy in behalf of its citizens in 

this country is intended to violate United States law. 

Mr. TANCREDO. You heard it right. 

Mr. DELAHUNT. I heard it right. Well, I am glad I heard that 

publicly because I would presume that the Government of Mexico 

would find that very insulting. 

I have served on the Committee on the Judiciary, as the Chair 

knows, since I arrived here in Congress some 7 years ago. The findings, and clearly they have jurisdiction of this particular issue, the 

findings that the primary beneficiary of this activity are people living in the United States illegally has never been addressed by that 

Committee that I am aware of, and maybe Mr. Berman has other 

information. There is absolutely no data, no evidence other than 

anecdotes related by the gentleman from Colorado. 

I would urge my colleagues to defeat this amendment. It is 

wrong, and I will yield back. 

Chairman HYDE. Ms. Napolitano. 

Ms. NAPOLITANO. Thank you, Ms. Watson. I sit here in awe because I have heard the rhetoric over and over again as a Representative from California that lives with this every day, as do my 

California colleagues, and now many other Representatives from 

throughout the United States are dealing with the same issues: 

Identification. We have spoken to the California Sheriff’s Department, to highway patrol, to banks, and, without exception, all of 

them are in accord. They want people identified so that they can 

follow through whenever the issue comes up before them. 

In the Los Angeles area, we were informed by the Mexican Consulate that they have been issuing matriculas for over 4 decades 

and have yet to have law enforcement have one complaint on the 

issuance of those, the types of forms that have been used; in other 

words, whether or not it has been used illegally. 

Now, insofar as they are being replicated and misused, that happens with Social Security, driver’s license. You can just go on. In 

fact, if INS puts out a card, within 10 days, I can assume that the 

fraudulent perpetrators are going to duplicate it. The fairness of it 

is no fairness. 

My concern is that we are talking about a group of people, and 

as my colleagues have stated before, they have no way of being 

identified within society today that requests their identification for 

any kind of move you make, any kind of purchase. If it is a car you 

are going to purchase, they want identification. 

In our own area, we heard that some 90,000 cases of INS applications were destroyed by INS. How about those people? What are 

they going to do? They refile. In the meantime, there is no way to 

376

identify themselves other than matriculas. And for the information—I am sure that Mr. Tancredo already understands—that they 

have a long process. They ask for the birth certificate, whether 

they have done their service in Mexico. They ask for the baptism 

records. These are thoroughly checked by the Mexican Government 

and not issued willy-nilly, if you will. 

Now, banks have, just within the last couple of years, found out 

that this is a boon. If they accept the matriculas, they are getting 

millions of dollars deposited in their bank accounts, and yet we are 

saying, no, don’t do it. Well, I can tell you, if I am in a car, and 

I get in an accident with an immigrant, I will be glad to have law 

enforcement look at his matriculas to find out where he lives and 

an ID because it does carry a thumb print on it. 

So the arguments are, again, as my colleague, Mr. Menendez has 

stated, they are punitive. It is only aimed at Mexico. It is only 

aimed at matriculas, and it is only aimed at people who are trying 

to help this United States of ours become an even greater country. 

Thank you, Mr. Chairman. 

Mr. FALEOMAVAEGA. Mr. Chairman. 

Chairman HYDE. Mr. Faleomavaega. 

Mr. FALEOMAVAEGA. Mr. Chairman, while I commend my good 

friend, the gentleman from Colorado, for offering his amendment, 

I don’t believe that the consequences of this amendment are going 

to be positive. I yield my time to my good friend, the gentleman 

from California, Mr. Berman. 

Mr. BERMAN. Mr. Chairman, is the State Department represented at the hearing today? 

Chairman HYDE. I see some suspicious-looking people. [Laughter.] 

Mr. BERMAN. I, myself. Do they have ID, Mr. Chairman? [Laughter.] 

Would I be allowed, would it be permitted, would it be acceptable 

to you to ask them a question on this issue? 

Chairman HYDE. The staff is objecting. [Laughter.] 

Mr. BERMAN. I withdraw my request, well, because I don’t want 

the Chairman to have to choose between me and the staff. 

Chairman HYDE. I need them. I don’t need——

Mr. BERMAN. I understand. [Laughter.] 

You said you needed me like a hole—no. In any event, where is 

that portrait? [Laughter.] 

I just want to make one point regarding my comments earlier. 

I don’t want to make light of the underlying issue that Mr. 

Tancredo is raising here. Even though he says it is not the underlying issue, I believe it is the underlying issue, which is the issue 

of people coming into this country illegally. 

I just suggest that the more sensible sense of Congress resolution 

to pass at this particular point, if one wanted to address that issue 

here rather than in the Judiciary Committee or rather than 

through the Department of Homeland Security, would be to do the 

things we need to do to make it as difficult as possible to enter this 

country illegally. For example, to have our State Department and 

other Federal officials working with the Mexican Government and 

other governments, particularly, on the migration issues that were 

heralded in the original Bush-Fox talks. They should come to an 

377

agreement that allowed different work force issues to be met 

through the use of legal, temporary workers to come to a sensible 

recognition of the fact that there are eight to 10 or 11 million undocumented people in this country, that many parts of our economy 

are dependent on them, that for the most part, they are a group 

of people who are abiding now with U.S. laws, paying taxes, and 

working hard, making very essential contributions. We should find 

a sensible process to deal with that rather than seeking to go after 

one little manifestation of this issue, which has so many beneficial 

effects in terms of our law enforcement interests, in terms of the 

financial interests. I think that would be a better approach than 

the approach taken by this resolution, and I would urge the Committee to defeat the resolution, a sense of Congress. 

Chairman HYDE. I am going to suggest that we move to a vote. 

We are going to have several votes very shortly on the Floor, and 

then we want to come back here. We will skip lunch, if we can. 

Grab it on the run, if you must, but there is a Subcommittee meeting at 1:30 that some of you must attend, and we would surely like 

to finish this bill this afternoon. So I would appreciate expedition 

from here on in. 

So the question arises on Mr. Tancredo’s amendment. All those 

in favor, say aye. 

[A chorus of ayes.] 

Chairman HYDE. Will the clerk call the roll? 

Ms. RUSH. Mr. Leach? 

Mr. LEACH. I pass. 

Ms. RUSH. Pass. Mr. Bereuter? 

[No response.] 

Ms. RUSH. Mr. Smith of New Jersey? 

[No response.] 

Ms. RUSH. Mr. Burton? 

[No response.] 

Ms. RUSH. Mr. Gallegly? 

Mr. GALLEGLY. Yes. 

Ms. RUSH. Mr. Gallegly votes yes. Ms. Ros-Lehtinen? 

Ms. ROS-LEHTINEN. No. 

Ms. RUSH. Ms. Ros-Lehtinen votes no. Mr. Ballenger? 

Mr. BALLENGER. Yes. 

Ms. RUSH. Mr. Ballenger votes yes. Mr. Rohrabacher? 

[No response.] 

Ms. RUSH. Mr. Royce? 

Mr. ROYCE. Yes. 

Ms. RUSH. Mr. Royce votes yes. Mr. King? 

Mr. KING. No. 

Ms. RUSH. Mr. King votes no. Mr. Chabot? 

Mr. CHABOT. Yes. 

Ms. RUSH. Mr. Chabot votes yes. Mr. Houghton? 

[No response.] 

Ms. RUSH. Mr. McHugh? 

[No response.] 

Ms. RUSH. Mr. Tancredo? 

Mr. TANCREDO. Yes. 

Ms. RUSH. Mr. Tancredo votes yes. Mr. Paul? 

Mr. PAUL. Yes. 

378

Ms. RUSH. Mr. Paul votes yes. Mr. Smith of Michigan? 

Mr. SMITH OF MICHIGAN. Yes. 

Ms. RUSH. Mr. Smith of Michigan votes yes. Mr. Pitts? 

Mr. PITTS. Yes. 

Ms. RUSH. Mr. Pitts votes yes. Mr. Flake? 

Mr. FLAKE. Yes. 

Ms. RUSH. Mr. Flake votes yes. Mrs. Davis? 

[No response.] 

Ms. RUSH. Mr. Green? 

Mr. GREEN. Yes. 

Ms. RUSH. Mr. Green votes yes. Mr. Weller? 

[No response.] 

Ms. RUSH. Mr. Pence? 

Mr. PENCE. Yes. 

Ms. RUSH. Mr. Pence votes yes. Mr. McCotter? 

Mr. MCCOTTER. Yes. 

Ms. RUSH. Mr. McCotter votes yes. Mr. Janklow? 

Mr. JANKLOW. Pass. 

Ms. RUSH. Mr. Janklow votes passes. Ms. Harris? 

Ms. HARRIS. Yes. 

Ms. RUSH. Ms. Harris votes yes. Mr. Lantos? 

Mr. LANTOS. No. 

Ms. RUSH. Mr. Lantos votes no. Mr. Berman? 

Mr. BERMAN. No. 

Ms. RUSH. Mr. Berman votes no. Mr. Ackerman? 

Mr. ACKERMAN. No. 

Ms. RUSH. Mr. Ackerman votes no. Mr. Faleomavaega? 

Mr. FALEOMAVAEGA. No. 

Ms. RUSH. Mr. Faleomavaega votes no. Mr. Payne? 

Mr. PAYNE. No. 

Ms. RUSH. Mr. Payne votes no. Mr. Menendez? 

Mr. MENENDEZ. No. 

Ms. RUSH. Mr. Menendez votes no. Mr. Brown? 

Mr. BROWN. No. 

Ms. RUSH. Mr. Brown votes no. Mr. Sherman? 

[No response.] 

Ms. RUSH. Mr. Wexler? 

Mr. WEXLER. No. 

Ms. RUSH. Mr. Wexler votes no. Mr. Engel? 

Mr. ENGEL. No. 

Ms. RUSH. Mr. Engel votes no. Mr. Delahunt? 

Mr. DELAHUNT. No. 

Ms. RUSH. Mr. Delahunt votes no. Mr. Meeks? 

[No response.] 

Ms. RUSH. Ms. Lee? 

Ms. LEE. No. 

Ms. RUSH. Ms. Lee votes no. Mr. Crowley? 

Mr. CROWLEY. No. 

Ms. RUSH. Mr. Crowley votes no. Mr. Hoeffel? 

Mr. HOEFFEL. No. 

Ms. RUSH. Mr. Hoeffel votes no. Mr. Blumenauer? 

[No response.] 

Ms. RUSH. Ms. Berkley? 

Ms. BERKLEY. No. 

379

Ms. RUSH. Ms. Berkley votes no. Ms. Napolitano? 

Ms. NAPOLITANO. No. 

Ms. RUSH. Ms. Napolitano votes no. Mr. Schiff? 

Mr. SCHIFF. No. 

Ms. RUSH. Mr. Schiff votes no. Ms. Watson? 

Ms. WATSON. No. 

Ms. RUSH. Ms. Watson votes no. Mr. Smith of Washington? 

[No response.] 

Ms. RUSH. Ms. McCollum? 

Ms. MCCOLLUM. No. 

Ms. RUSH. Ms. McCollum votes no. Mr. Bell? 

Mr. BELL. No. 

Ms. RUSH. Mr. Bell votes no. Chairman Hyde? 

Chairman HYDE. Yes. 

Ms. RUSH. Chairman Hyde votes yes. 

Mr. BURTON. Mr. Chairman. 

Chairman HYDE. Mr. Burton. 

Mr. BURTON. I vote yes, Mr. Chairman. 

Ms. RUSH. Mr. Burton votes yes. 

Mr. LEACH. Mr. Chairman. 

Chairman HYDE. Mr. Leach. 

Mr. LEACH. I vote no. 

Ms. RUSH. Mr. Leach votes no. 

Chairman HYDE. Mr. Faleomavaega? Mrs. Davis. 

Mrs. DAVIS. I vote yes. 

Ms. RUSH. Mrs. Davis votes yes. 

Chairman HYDE. Mr. Smith of Washington. 

Mr. SMITH OF WASHINGTON. I vote no. 

Ms. RUSH. Mr. Smith of Washington votes no. 

Chairman HYDE. Have all voted who wish? 

[No response.] 

Chairman HYDE. The clerk will report. 

Mr. JANKLOW. Mr. Chairman. 

Chairman HYDE. Hold that. Mr. Janklow. 

Mr. JANKLOW. Janklow votes no. 

Ms. RUSH. Mr. Janklow votes no. 

Mr. JANKLOW. Excuse me. Yes. Janklow votes yes. 

Ms. RUSH. Mr. Janklow votes yes. 

Chairman HYDE. The clerk will report. 

Ms. RUSH. There are 17 ayes and 23 nos. 

Chairman HYDE. And the amendment is not agreed to. 

The Committee will stand in recess until right after the final 

vote, and I ask you to return promptly. We have more work to do, 

and I would appreciate the Committee’s attention. We stand in recess. 

[Whereupon, at 11:38 a.m., a recess was taken.] 

Chairman HYDE. The Committee will come to order. The Chair 

recognizes Mr. Delahunt. Do you have an amendment? 

Mr. DELAHUNT. Yes, I do, Mr. Chairman. I have an amendment 

at the desk. 

[The amendment of Mr. Delahunt follows:]

380

1

H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. DELAHUNT

Page 143, after line 9, insert the following:

1 SEC. 708. REPORT ON DEMOCRACY IN THE WESTERN HEMI2 SPHERE.

3 (a) FINDINGS.—Congress finds the following:

4 (1) Although 34 out of 35 countries in the

5 Western Hemisphere have held elections for civilian

6 leaders of national, regional, and local governments,

7 many of these countries have failed to successfully

8 develop independent democratic institutions, trans9 parent and accountable governance, and effective

10 means of guaranteeing the rule of law, which are key

11 components of a fully functioning democracy.

12 (2) The rule of law, independent democratic in13 stitutions, and transparent, accountable governance

14 are essential for guaranteeing human rights, espe15 cially civil, political, and labor rights.

16 (3) The rule of law, independent democratic in17 stitutions, and transparent accountable governance

18 are also necessary for promoting successful economic

19 development and reliable trading and investment

20 mechanisms.


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1 (4) In part because of the lack of these three

2 factors, progress on human rights and economic de3 velopment has lagged or been uneven in much of the

4 Western Hemisphere, leading some to question the

5 benefits of democracy itself as a path for improving

6 the lives of individuals in the hemisphere.

7 (5) For democracy to continue in many of these

8 countries, for human rights to improve, and for re9 gional economic integration to be successful, the rule

10 of law, independent democratic institutions, and

11 transparent accountable governance must be

12 strengthened.

13 (6) As a strong supporter of democracy and

14 human rights and as an advocate of regional eco15 nomic integration, it is in the interests of the United

16 States to enhance its efforts to promote a deepening

17 of democracy in the Western Hemisphere, particu18 larly through strengthening the rule of law, inde19 pendent democratic institutions, and transparent ac20 countable governance.

21 (b) REPORT.—Not later than 90 days after the date

22 of the enactment of this Act, the Secretary, in consultation

23 with the heads of other Federal departments and agencies

24 as necessary, shall prepare and submit to the appropriate

25 congressional committees a report on the state of democVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00387 Fmt 6601 Sfmt 6601 F:\WORK\FULL\M050703\86991.001 HINTREL1 PsN: SHIRL

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1 the United States, the Organization of American

2 States (OAS), or others.


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Chairman HYDE. The clerk will report the amendment. 

Ms. RUSH. Amendment offered by Mr. Delahunt: ‘‘Page 143, after 

line 9, insert the following—’’

Chairman HYDE. Without objection, further reading is dispensed 

with, and the gentleman is recognized for 5 minutes in support of 

his amendment. 

Mr. DELAHUNT. I thank the Chair. Mr. Chairman, this amendment would require a one-time report on the state of democracy 

and democratic institutions in the countries of the Western Hemisphere, with the exception of the United States and Canada. A description and evaluation of current democracy-promotion efforts 

would also be mandated. 

I offer this amendment because I am becoming increasingly disturbed by the lack of attention to the region, a sentiment that was 

recently expressed by several Senators at a Senate Foreign Relations Committee hearing. I should note that this also included the 

Chair of the Senate Committee, Senator Lugar. 

The reality is that not only are we confronting an unprecedented 

wave of anti-American sentiment, but the situation in Latin America continues to deteriorate, and doubts about the benefits of democracy are increasing among the people of that region. 

We boast that all of our neighbors, except Cuba, are democracies 

since they have elected civilian governments. But elections alone do 

not ensure genuine, healthy democracies. Transparent, accountable 

governance and respect for the rule of law; without these, the benefits of democracy are not realized. That is the case today in Latin 

America. 

As the President’s special envoy to Latin America, Otto Reich, recently noted, more than one-third of the people in Latin America 

earn less than two dollars per day and are poorly housed, poorly 

fed, and poorly educated. 

By these criteria, many of our neighbors fall short. We frequently 

hear of the abject poverty in Haiti and the political deadlock there. 

The deep divisions in Venezuela and the stresses on that democracy are reported frequently. But it should also be noted that the 

middle class in Argentina has all but disappeared. That Paraguay 

has been a one-party state since 1947. In Nicaragua, there has 

been a recent report of a government takeover of a political party 

radio station. In Peru, the Toledo Government has concluded an 

agreement with campesinos to end coca-eradication efforts. Guatemala has been decertified. It is considered a drug traffickers’ 

haven. Respect for human rights is deteriorating, and there is increased activity of clandestine criminal groups in that particular 

country. Demonstrators protesting government policy in Bolivia 

were recently fired upon, and some 30 people were killed. 

In fact, there are few countries in the region that are stable and 

that are meeting the needs of their people. More and more people 

are speaking of the good old days of the populous caudillo. 

To reverse this backsliding, the development of institutions must 

be an urgent priority. As a recent GAO report indicated, democracy-promotion efforts in Latin America have, and I quote, ‘‘yielded 

modest results.’’ In part, according to this report, this is because 

there is no strategic approach to the issue, so there is often no 

long-term sustainability to these efforts. 

385

While the Administration speaks almost exclusively to its priority of a free-trade area of Americas, there is no complementary, 

comprehensive effort to promote and deepen democracy and democratic institutions in the hemisphere. Unless there is a truly democratic area of the Americas, a real free trade area of the Americas 

will never exist. 

We have had a school of hemispheric militaries, the so-called 

‘‘School of Americas,’’ but there is no equivalent school for hemispheric democrats, which, I would submit, sends a disturbing message to a region with a history of coups and juntas. 

I intend to introduce legislation in the near future, along with 

other Members, to create a School for Democracy in the Americas. 

It will focus on educating civilian leaders in developing and nurturing democratic institutions and encourage a healthy exchange of 

ideas. I would envision having a campus, a faculty, a board of 

trustees, a regular schedule of classes that would be year round 

and permanent, and it should be developed in coordination with 

our neighbors so that they have a stake in it from the beginning, 

and we do not make our old mistake of telling them what to do and 

how to manage their affairs. 

As I said, it would be a permanent, lasting institution, a functioning symbol of our nation’s long-term commitment to promoting 

genuine democracy, and this amendment is a first step in that regard. The information it will generate, I have no doubt, will help 

flesh out the School of Democracy for the Americas concept. It is 

a simple step but, I believe, one that is critical to the future of this 

hemisphere, and I urge its adoption, and I yield back. 

Chairman HYDE. Is there further discussion? 

Mr. MENENDEZ. Mr. Chairman. 

Chairman HYDE. Mr. Menendez. 

Mr. MENENDEZ. Thank you, Mr. Chairman. Mr. Chairman, I 

want to speak in favor of Mr. Delahunt’s amendment. As the Ranking Democrat on the Western Hemisphere, Mr. Delahunt is one of 

our most active Members on the Western Hemisphere Subcommittee, and his interest for the hemisphere is incredibly refreshing. It is something that we try to get more of our colleagues 

to focus on, and he has done so. 

This report is really very timely. We spent millions, actually billions, of dollars in Central America, for example, trying to fight 

communism and promote democracy, and after we won those efforts, we walked away. We look at Latin America in the context of 

troubles, but we don’t look to take the seeds of democracy that we 

have planted and nurture them so that they grow and strengthen. 

In many parts of this hemisphere right now, I believe that we 

are losing the effort to convince that democracy, open markets, 

trade will ultimately bring a better quality of life and is ultimately 

the way that people should vote for. And I think that, when you 

look at the combinations of what is happening in Venezuela, in Colombia, what is happening in Ecuador, what is happening in so 

many of the countries, some of which Mr. Delahunt has already 

mentioned very eloquently, we have a real concern, right here in 

our own front yard, about what is happening. 

And I think that when we look at all of the issues that Americans care about, whether it is about legal immigration, whether it 

386

is about health care—we have looked at some issues along the border in which we had eradicated certain health care challenges, and 

today we face them again—whether we look at biodiversity, whether we look at energy, whether we look, of course, at narcotics; so 

for all of those reasons, I think this is a very timely amendment, 

and I really urge the Committee’s adoption of it. 

Chairman HYDE. Is there further discussion? 

Mr. BALLENGER. Mr. Chairman. 

Chairman HYDE. On the right. Mr. Ballenger. 

Mr. BALLENGER. Thank you, sir, and I am glad I am recognized 

on the right. 

Chairman HYDE. Yes, sir. 

Mr. BALLENGER. Mr. Delahunt, I have traveled with him many 

times, and we have discussed this old idea of teaching the countries 

of the Western Hemisphere about democracy, and I would like to 

throw an example in. When Ms. Chimaro became President of 

Nicaragua, she kept talking to us about there was no way to educate their children, that every time a plane came in from Cuba or 

from East Germany, they were taking their children back and educating them about communism and dictatorship and so forth, and 

nobody was talking about democracy. And so she said, Is there any 

likelihood you could help us out? 

And so Congressman Houghton and I volunteered, and we said 

that the first thing you have to do is give us students that will 

speak English and that won’t fail, and so she did, and Congressman Houghton took 10 students and sent them to community college. I took two girls and sent them to universities in North Carolina. We educated them. They are both back. My two are back in 

Nicaragua founding their own business, being very successful. 

And I would just like to say that the idea of somehow educating 

the people of Central and South America on the values of democracy and the values of the human rights that have been so neglected in many cases down here, I think, is a very positive thing. 

Thank you, sir. 

Chairman HYDE. Mr. Lantos. 

Mr. LANTOS. Mr. Chairman, Mr. Delahunt has been a mover on 

Western Hemisphere issues ever since he came to this body. This 

is another one of his serious, carefully thought-through ideas. I 

think it deserves strong support, and I am delighted to endorse it. 

Chairman HYDE. Is there further discussion? 

[No response.] 

Chairman HYDE. I would just like to ask Mr. Delahunt a question. Mr. Brown. I am sorry. 

Mr. BROWN. Thank you, Mr. Chairman. I will be brief. I rise in 

support of the amendment. Just 2 days ago, I believe, or yesterday, 

actually, May 7th, in Haiti—this is a country that has had its ups 

and downs certainly. It has had a series of elections where a President three different times has been elected in the last 10 years and 

where peaceful transfer of power is something that did not happen 

in that country. There has been a coup in the last 10 years and 

it has dismantled its military, has continually had sort of paramilitary violence. 

As I was saying, just yesterday, there were two security guards 

at the hydroelectric plant in the central highlands not too far from 

387

the village of Pelegre and not too far from Canje, where there is 

the most important, largest health clinic in the country. Two security guards were killed at the hydroelectric plant by men dressed 

in fatigues, likely paramilitary people that have opposed the 

Aristid regime, then soon after, they kidnapped a group of health 

care workers that were on their way to the clinic in the highlands 

in Canje. 

I think it is important that Delahunt, that his efforts are timely, 

especially in light of that and in light of the comments from my 

friend, Mr. Menendez. I think it makes sense that we move in that 

direction, that we especially support those countries where there 

are democratic elections. Haiti was the second independent country 

in the Western Hemisphere after the United States in 1804. Our 

history with them is checkered, but I think that support from our 

Government and a continued move toward democracy in Haiti is 

obviously the right way to go, and I support the amendment and 

yield back my time, Mr. Chairman. 

Chairman HYDE. The question occurs on the amendment offered 

by——

Mr. DELAHUNT. Mr. Chairman, if I may, for unanimous consent, 

request, on page three, on line 22, it reads, ‘‘a description of efforts.’’ I would like to just simply add, ‘‘a description and assessment of efforts.’’

Chairman HYDE. Without objection, the modification is accepted. 

Mr. DELAHUNT. Thank you. 

Chairman HYDE. The question occurs on the Delahunt Amendment, as amended by Mr. Delahunt. All those in favor, say aye. 

[A chorus of ayes.] 

Chairman HYDE. Opposed, nay. The ayes have it, and the 

amendment is agreed to. 

Mr. Flake of Arizona. 

Mr. FLAKE. Mr. Chairman, I have an amendment at the desk. 

[The amendment of Mr. Flake follows:]

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Chairman HYDE. The clerk will report the amendment. 

Ms. RUSH. Amendment offered by Mr. Flake: ‘‘Page 88, after line 

6, insert the following section—’’

Mr. FLAKE. Mr. Chairman, I ask unanimous consent that the 

amendment be considered as read. 

Chairman HYDE. Without objection, so ordered. The gentleman is 

recognized for 5 minutes in support of his amendment. 

Mr. FLAKE. Mr. Chairman, I need not tell anybody on this Committee that we have a horrible situation in Cuba. At the moment, 

more than 80 human rights protestors, peaceful, democracy advocates, have been thrown into prison and sentenced to, in many 

cases, prison terms up to 28 years. Three hapless hijackers for a 

Cuban ferry were executed. I think the only surprise is that anybody is surprised by this behavior. It has been going on for 40 

years now. 

The problem is Fidel Castro has the only microphone in Cuba, 

or one of the problems. Americans aren’t allowed to travel there 

unless you are a politician or unless you are a movie star or a director like Oliver Stone. Unless you wear Armani or rose-colored 

glasses, it is tough to get there from here, and so too few Cubans 

actually know the situation and what is going on, and too few 

Americans realize what is going on. So we have that situation. 

The backdrop is we have tried to allow for that, or help that situation out, by creating an institution, Radio and TV Marti, that, in 

the tradition of Voice of America and many of our other radio and 

television programs, can help inform ordinary Cubans of the situation in their country and alternatives and to help them out, just 

to give them information. 

The problem is that that institution that we have created isn’t working very well. After spending about $160 million over the past 

12 years, not one Cuban has ever watched 1 minute of TV Marti, 

yet we continue to spend the money and create a show that nobody 

can watch because it is easily blocked, easily scrambled, and because of other international broadcast agreements, we can only 

broadcast between the hours of 3 a.m. and 8 a.m., I believe. So we 

desperately need a change there. 

Radio Marti reaches some people, but the programming is so bad 

that the market share has slipped to virtually nothing, and we 

need to revamp that program as well. 

The purpose of this amendment is to move the money we are currently spending on TV Marti over to Radio Marti, where at least 

some good can be done with it, because no good is being done at 

the moment. 

Since I introduced this amendment or filed it, I have had discussions with Members of this Committee, in particular, the 

gentlelady from Florida. She has a long-held commitment to improve the situation at Radio and TV Marti. I would like to work 

with the Administration on this to see what can be done. In that 

light, I yield a few minutes to the gentlelady from Florida. 

Ms. ROS-LEHTINEN. Thank you so much. I thank the gentleman 

from Arizona. It is always a pleasure to work with him, and I 

thank him for highlighting the fact that the unfortunate reality 

that Castro has sentenced 80 dissidents to 15, 20, 25 years in jail, 

shot by firing squad, 3 people who tried to escape from Cuba. 

390

This was just his recent acts in a long list of atrocities, but I will 

tell the gentleman that I look forward to working with him, if he 

withdraw his amendment, to having Mr. Ballenger, and he has 

agreed to hold a hearing, perhaps on May 20th of this year, where 

we can talk about the improvements in Radio and TV Marti. We 

have a new Director, a new Broadcasting Board of Governors. 

The Administration has put forth proposals to improve the jamming of TV Marti, and we know if we would eliminate TV Marti, 

he would then just jam Radio Marti. But we look forward to working with the gentleman of Arizona on this proposal and on this 

hearing, and we will bring up the witnesses to tell us what plans 

they have, concrete plans, to eliminate the jamming of transmissions of TV Marti. And I yield back to the gentleman. 

Mr. FLAKE. I thank the gentlelady, and I also want to thank the 

gentleman from Massachusetts, Mr. Delahunt. Mr. Delahunt and I 

visited the offices of Radio and TV Marti a year ago and came out 

of there convinced that it needs a change. I think everybody realizes that and to the extent that we could have a hearing and air 

these concerns, and meet with the Administration, then I will 

agree to withdraw the amendment and thank the gentlelady. 

Ms. ROS-LEHTINEN. Thank you, and I thank Mr. Delahunt as 

well. Thank you. 

Mr. DELAHUNT. Would my friend yield just for a minute? I did 

note also, and I am glad that the gentlelady has agreed to a hearing. I am sure it will be interesting, but I also note that there is 

a new Director. I wonder, you know, if he could come before us? 

He did indicate that he respects diversity of opinion. I remember 

during the course of our hearing last year when I spoke to the 

former Director and indicated to him that I know there is diverse 

opinion in every community, whether it be the Irish-American community or the Cuban-American community, and he indicated that 

he would be happy to sit down in this case with Mr. Duran. That 

never happened. 

I would hope that we can discuss that during the course of the 

hearing, and I yield back. 

Chairman HYDE. The amendment is withdrawn. 

The Chairman yields to himself 5 minutes. I have a series of 

amendments at the desk which I ask unanimous consent be considered en bloc and be considered as read. 

The amendments are as follows: Mr. Engel, reduction in funding 

level for National Endowment for Democracy for programs in primary Muslim countries; 

Mr. Menendez, statement of policy expressing concerns about 

Iran’s buildup of its nuclear weapons program; 

Ms. Ros-Lehtinen, incitement amendments to Free Media Provision; 

Mr. Hyde, change reports relating to terrorist activity in which 

U.S. citizens are killed; 

Mr. Lantos, police training. Longstanding restrictions on police 

training abroad and now makes available police training through 

the Foreign Assistance Act in areas of human rights, rule of law, 

strategic planning, counter narcotics, promotion of democracy and 

combating corruption in trafficking in persons; 

391

Mr. Lantos, Afghanistan democracy. Sense of Congress relating 

to the need to enhance security in Afghanistan; 

Mr. Sherman, about the Iran World Bank. This is a sense of Congress that directs the Secretary of State to consult with officials in 

certain countries to express concern about World Bank lending to 

Iran; 

Ms. McCollum, sense of Congress relating to violence against 

women; 

Mr. Meeks, Africa conflicts. It requires a report on action of the 

U.S. in seeking peaceful and immediate solutions to the internal 

and interregional conflicts in the Great Lakes region; 

Mr. Wexler requires that in the course of preparing students for 

their study program abroad there is a training component on safety 

issues in the country to which they are going; 

Mr. Faleomavaega, sense of Congress expressing concern about 

the environmental impact on Soviet nuclear weapons testing of 

Kazakhstan; 

Ms. Ros-Lehtinen, technical fix with the Secretary of State reporting requirement on WEOG, that is Western Europe and Other 

Groups; 

Mr. Lantos, to prohibit elimination of broadcasting to eastern Europe. 

[A chart depicting the en block amendment and the amendments 

follow:]

392


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AMENDMENT TO H.R. 1950

OFFERED BY MR. HYDE

Page 42, strike line 3 and all that follows through

line 13 and insert the following:

1 SEC. 222. CONTINUATION OF REPORTING REQUIREMENTS.

2 (a) REPEAL.—Section 805 of the Admiral James W.

3 Nance and Meg Donovan Foreign Relations Authorization

4 Act, Fiscal Years 2000 and 2001 (section 805(a) of divi5 sion A of H.R. 3427, as enacted into law by section

6 1000(a)(7) of Public Law 106-113; appendix G; 113 Stat.

7 1501A-470) (relating to reports on terrorist activity in

8 which United States citizens were killed and related mat9 ters) is hereby repealed.

10 (b) ANNUAL COUNTRY REPORTS ON TERRORISM.—

11 Section 140(b)(2) of the Foreign Relations Authorization

12 Act, Fiscal Years 1988 and 1989 (Public Law 100-204;

13 22 U.S.C. 2656f(b)(2)) is amended—

14 (1) in subparagraph (D), by striking ‘‘and’’ at

15 the end;

16 (2) in subparagraph (E), by striking the period

17 at the end and inserting ‘‘; and’’; and

18 (3) by adding at the end the following:


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1 ‘‘(F) for the reports due through May 1,

2 2005, information concerning terrorist attacks

3 in Israel, territory administered by Israel, and

4 territory administered by the Palestinian Au5 thority, including—

6 ‘‘(i) a list of all citizens of the United

7 States killed or injured in such attacks

8 during the previous year;

9 ‘‘(ii) the date of each attack and the

10 total number of people killed or injured in

11 each attack;

12 ‘‘(iii) the person or group claiming re13 sponsibility for the attack and where such

14 person or group has found refuge or sup15 port;

16 ‘‘(iv) to the extent possible, a list of

17 suspects implicated in each attack and the

18 nationality of each suspect, including infor19 mation on their whereabouts (or suspected

20 whereabouts);

21 ‘‘(v) a list of any terrorist suspects in

22 these cases who are members of Pales23 tinian police or security forces, the Pal24 estine Liberation Organization, or any Pal25 estinian governing body;


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1 ‘‘(vi) the status of each case pending

2 against a suspect, including information on

3 whether the suspect has been arrested, de4 tained, indicted, prosecuted, or convicted

5 by the Palestinian Authority or Israel, and

6 if detained and then released, the date of

7 such release, and whether any released

8 suspect was implicated in subsequent acts

9 of terrorism;

10 ‘‘(vii) available information on convic11 tions, releases or changes in the situation

12 of suspects involved in attacks committed

13 prior to December 31, 2003, and not cov14 ered in previous reports submitted under

15 section 805(a) of the Admiral James W.

16 Nance and Meg Donovan Foreign Rela17 tions Authorization Act, Fiscal Years 2000

18 and 2001; and

19 ‘‘(viii) the policy of the Department of

20 State with respect to offering rewards for

21 information on terrorist suspects, including

22 any information on whether a reward has

23 been posted for suspects involved in ter24 rorist attacks listed in the report.’’.


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1 (c) CONSULTATION.—The Secretary of State shall, in

2 preparing the portion of the annual country reports on ter3 rorism required by subparagraph (F) of section 140(b)(2)

4 of the Foreign Relations Authorization Act, Fiscal Years

5 1988 and 1989 (Public Law 100-204; 22 U.S.C.

6 2656f(b)(2)), as added by subsection (b), consult and co7 ordinate with all other Government officials who have in8 formation necessary to complete that portion of the report.

9 Nothing contained in this subsection shall require the dis10 closure, on a classified or unclassified basis, of information

11 that would jeopardize sensitive sources and methods or

12 other vital national security interests or jeopardize ongo13 ing criminal investigations or proceedings.


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AMENDMENT TO H.R. 1950

OFFERED BY MR. MEEKS OF NEW YORK

Page 143, after line 9, insert the following new section:

1 SEC. 708. REPORT CONCERNING INTERNAL AND INTRA-RE2 GIONAL CONFLICTS IN THE GREAT LAKES

3 REGION OF AFRICA.

4 (a) FINDINGS.—The Congress makes the following

5 findings:

6 (1) The Great Lakes region of Central Africa

7 has a history of colonial based ethnic divisions, polit8 ical violence, and civil wars which have perpetuated

9 conditions conducive to chronic poverty and turmoil

10 over the past decade. The countries of the Great

11 Lakes region are heavily embroiled in the conflicts

12 within their neighbors borders. At different times,

13 the war in the Democratic Republic of Congo (DRC)

14 has involved more outside countries than any other

15 contemporary war in Africa’s history, (including An16 gola, Rwanda, Uganda, Zimbabwe, Burundi, Sudan,

17 Chad, Namibia, and Central African Republic).

18 (2) The region is hallmarked by genocide, the

19 recruitment of child soldiers, war crimes, systematic

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1 dren, corruption, and the illegal exploitation of nat2 ural resources on a global scale. Civil wars, conflicts

3 over natural resources, and structural violence in the

4 Great Lakes have resulted in—

5 (A) the death of approximately three mil6 lion people through direct and indirect causes of

7 the war in the DRC since 1998;

8 (B) the deaths of at least 800,000 people

9 during the 1994 genocide in Rwanda;

10 (C) the deaths of an estimated 300,000

11 people through direct and indirect causes of the

12 war in Burundi since 1993;

13 (D) the deaths of thousands in Uganda;

14 (E) the forced abduction, sexual servitude,

15 and armed recruitment of thousands of chil16 dren;

17 (F) the displacement of millions of Ugan18 dan, Burundian, Congolese, Rwandan, and Su19 danese refugees;

20 (G) the death and abduction of humani21 tarian aid workers throughout the region; and

22 (H) grave disruptions in the delivery of

23 emergency assistance and food aid to millions of

24 civilians in northern Uganda, eastern Congo,


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1 (7) make available sufficient resources to meet

2 the immediate relief needs of the towns and cities in

3 the Great Lakes region supporting large displaced

4 populations, including food, clean water, medicine,

5 shelter, and clothing;

6 ((8) make available increased resources for as7 sistance to released and returned abducted children

8 and child soldiers in the Great Lakes Region and en9 sure that amnesty is provided when appropriate;

10 (9) work with other donors and the Govern11 ments of Uganda, Burundi, Rwanda, and the Demo12 cratic Republic of Congo to increase resources and

13 technical support to both regional and national com14 batant demobilization entities such as the Uganda

15 Amnesty Commission in Uganda and equivalent en16 tities in Burundi, Rwanda, and the Democratic Re17 public of Congo for the increased demobilization of

18 rebel combatants;

19 (10) examine ways in which development assist20 ance (DA) can help those living in protective villages

21 in northern Uganda, eastern Congo, and other de22 militarized areas in Rwanda and Burundi to return

23 to and cultivate farmland;

24 (11) condition military assistance to any nation

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1 national agreements regarding sustained troop with2 drawals and respect for the territorial integrity of

3 the DRC; and

4 (12) direct the Secretary of State to appoint a

5 special envoy to the Great Lakes region to oversee

6 cross-cutting security and economic policies in the

7 region.

8 (c) REPORTS TO CONGRESS.—Not later than 180

9 days after the date of the enactment of this Act, and not

10 later than April 1 of each subsequent year, the Secretary

11 should submit to the appropriate congressional committees

12 a report on the comprehensive actions taken by the United

13 States in promoting peaceful and immediate solutions to

14 the internal and intra-regional conflicts in the Great

15 Lakes region, including taking steps to bring an end to

16 the illegal exploitation and international trade of natural

17 resources from the Democratic Republic of Congo; sup18 porting bilateral and multilateral peace keeping initiatives;

19 the promotion of regional economic integration; the pro20 motion of broad based democratic political processes based

21 on the rule of law; the promotion of women and other pre22 viously disadvantaged communities as equal political and

23 economic stakeholders in societies; and humanitarian as24 sistance efforts in the region, including efforts to advance

25 each area addressed in subsection (a).


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1

Page 197, after line 24, insert the following (and

conform the table of contents accordingly):

1 SEC. 1357. ENHANCED POLICE TRAINING.

2 Section 660(b) of the Foreign Assistance Act of 1961

3 (22 U.S.C. 2420(b)) is amended—

4 (1) in paragraph (7), by striking the period at

5 the end and inserting ‘‘; or’’; and

6 (2) by adding at the end the following new

7 paragraph:

8 ‘‘(8) with respect to assistance provided to en9 hance the effectiveness and accountability of civilian

10 police authority through training and technical as11 sistance in internationally recognized human rights,

12 the rule of law, strategic planning, and counter-nar13 cotics, and through the promotion of civilian police

14 roles that support democratic governance, including

15 programs to combat corruption and the trafficking

16 of persons, particularly by organized crime, prevent

17 conflict, and foster improved police relations with

18 the communities in which they serve.’’.


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AMENDMENT TO H.R. 1950

OFFERED BY MR. SHERMAN

Page 154, after line 12, insert the following new section:

1 SEC. 726. UNITED STATES POLICY ON WORLD BANK GROUP

2 LOANS TO IRAN.

3 (a) UNITED STATES POLICY.—The Secretary of

4 State (or a designee), in consultation with the Secretary

5 of the Treasury, shall communicate directly with the gov6 ernments of countries represented on the decision-making

7 boards and councils of the international financial institu8 tions of the World Bank Group and consistently convey

9 the strong opposition of the United States Government to

10 any further activity in Iran by the international financial

11 institutions of the World Bank Group.

12 (b) REPORTS.—Not later than 90 days after the date

13 of the enactment of this Act and one year thereafter, the

14 Secretary of State shall submit a report on the efforts of

15 the Secretary to carry out subsection (a) to the chairman

16 and ranking minority member of the Committee on Inter17 national Relations of the House of Representatives and

18 the Committee on Foreign Relations of the Senate.

19 (c) WORLD BANK GROUP DEFINED.—As used in this

20 section, the term ‘‘World Bank Group’’ means the InterVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00410 Fmt 6601 Sfmt 6601 F:\WORK\FULL\M050703\86991.001 HINTREL1 PsN: SHIRL

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1 national Bank for Reconstruction and Development, the

2 International Development Association, the International

3 Financial Corporation, and the Multilateral Investment

4 Guaranty Agency.


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AMENDMENT TO H.R. 1950

OFFERED BY MR. FALEOMAVAEGA

Page 154, after line 12, insert the following (and

conform the table of contents accordingly):

1 SEC. 726. SENSE OF CONGRESS RELATING TO SOVIET NU2 CLEAR TESTS IN KAZAKHSTAN.

3 (a) FINDINGS.—Congress finds the following:

4 (1) In 1991, immediately after achieving inde5 pendence, Kazakhstan closed and sealed the world’s

6 second largest nuclear test site in Semipalatinsk

7 which had been inherited from the former Soviet

8 Union and at which more than 500 nuclear tests

9 had been conducted from 1949 to 1991.

10 (2) The cumulative power of explosions from

11 those tests, conducted above ground, on the ground,

12 and underground is believed to be equal to the power

13 of 20,000 explosions of the type of bomb dropped on

14 Hiroshima, Japan, in 1945.

15 (3) More than 1,500,000 people in Kazakhstan

16 suffered because of decades of Soviet nuclear weap17 ons testing in the region.

18 (4) A horrifying array of disease will continue

19 to destroy the lives of hundreds of thousands and


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1 their descendants for many generations to come as

2 a result of these tests.

3 (5) Since its independence, Kazakhstan has

4 constructed a stable and peaceful state, voluntarily

5 disarmed the world’s fourth largest nuclear arsenal,

6 joined the Strategic Arms Reduction Treaty

7 (START), and became an example of responsible

8 nonproliferation of such weapons.

9 (6) Kazakhstan is also doing its best to help

10 those who were exposed to the horrific nuclear ex11 periments of the 20th century but it faces daunting

12 challenges.

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that the Secretary of State should work to establish

15 a joint working group with the Government of Kazakhstan

16 to assist in assessing the environmental damage and

17 health effects caused by Soviet nuclear testing in

18 Semipalatinsk.


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AMENDMENT TO H.R. 1950

OFFERED BY MR. WEXLER

Page 56, after line 8, insert the following (and conform the table of contents accordingly):

1 SEC. 256. PUBLIC SAFETY AWARENESS IN STUDY ABROAD

2 PROGRAMS.

3 With respect to the Department of State’s support

4 for study abroad programs, Congress—

5 (1) encourages the Bureau of Educational and

6 Cultural Affairs to support public safety awareness

7 activities as part of such programs; and

8 (2) encourages the Bureau to continue sup9 porting such activities and urges special attention to

10 public safety issues, including road safety.


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AMENDMENT TO H.R. 1950

OFFERED BY MR. LANTOS

Page 118, after line 2, insert the following new section:

1 SEC. 541. PROHIBITION ON ELIMINATION OF INTER2 NATIONAL BROADCASTING IN EASTERN EU3 ROPE.

4 During the 2 year period beginning on the date of

5 the enactment of this Act, the Broadcasting Board of Gov6 ernors may not eliminate foreign language broadcasting

7 in any of the following languages: Bulgarian, Czech, Esto8 nian, Hungarian, Latvian, Lithuanian, Georgian, Polish,

9 Slovene, Slovak, Romanian, Croatian, Armenian, and

10 Ukrainian.


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AMENDMENT TO H.R. 1950

OFFERED BY MS. MCCOLLUM

Page 154, after line 12, insert the following:

1 SEC. 726. SENSE OF CONGRESS RELATING TO VIOLENCE

2 AGAINST WOMEN.

3 The Congress—

4 (1) recalls that Article 4 of the United Nations

5 Declaration on the Elimination of Violence Against

6 Women (20 December 1993) outlines that states

7 should condemn violence against women and should

8 not invoke any custom, tradition, or religious consid9 eration to avoid their obligations with respect to its

10 elimination;

11 (2) recalls that Chapter 4, Section 125, of the

12 Beijing Declaration and Platform for Action, Fourth

13 World Conference on Women (15 September 1995)

14 states that governments condemn violence against

15 women and refrain from invoking any custom, tradi16 tion, or religious consideration to avoid their obliga17 tions with respect to its elimination as set out in the

18 Declaration on the Elimination of Violence against

19 Women;

20 (3) recalls that the United States has supported

21 both the United Nations Declaration on the ElimiVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00419 Fmt 6601 Sfmt 6601 F:\WORK\FULL\M050703\86991.001 HINTREL1 PsN: SHIRL

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1 nation of Violence and the Beijing Declaration and

2 Platform for Action; and

3 (4) reinforces the position of the United States

4 that the United States condemns violence against

5 women and refrains from invoking any custom, tra6 dition, or religious consideration to avoid this na7 tion’s obligations with respect to its elimination as

8 set out in the Declaration on the Elimination of Vio9 lence against Women.


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AMENDMENT TO H.R. 1950

OFFERED BY MR. LANTOS

At the end of subtitle E of title XIII of division B,

add the following (and conform the table of contents accordingly):

1 SEC. 1357. PROMOTING A SECURE AND DEMOCRATIC AF2 GHANISTAN.

3 (a) FINDINGS.—The Congress finds that—

4 (1) the United States has a vital interest in

5 promoting Afghanistan’s transition from chaos, civil

6 war, and disorder to an increasingly prosperous

7 democratic state, safe and secure with its neighbors,

8 respecting human rights, particularly the rights of

9 women and girls, dedicated to the liberty, literacy,

10 and enrichment of its citizens, and serving as a

11 model for other countries;

12 (2) basic security in the major cities and along

13 key transportation routes is critical to the recon14 struction and development of Afghanistan, including

15 fostering implementation of the Bonn Agreement,

16 achieving progress towards a democratic and toler17 ant government, and encouraging international pri18 vate investment;


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1 (3) Afghanistan and its people remain under se2 rious threat from terrorism, insurgency, widespread

3 crime, banditry, intimidation, rape, and suppression

4 of minorities and women, and other grave violations

5 of human rights continue to occur, especially in

6 areas that do not have a routine presence of inter7 national security personnel;

8 (4) lethal clashes continue between the private

9 armies of warlords, attacks against Afghan civilians

10 and officials and United States and international or11 ganization personnel are on the rise, and threats

12 against civilians and whole villages not to cooperate

13 with Americans or the central government are now

14 routine;

15 (5) the growth, production, and trafficking of

16 Afghan opium and its derivatives pose a serious

17 threat to international peace and security and efforts

18 toward reconstruction in Afghanistan;

19 (6) recruitment and training of the Afghan Na20 tional Army and the Afghan National Police are se21 riously behind schedule and will not be at full

22 strength for several years, leaving the central gov23 ernment and Afghan citizens vulnerable to the dep24 redations of terrorists, insurgents, and the private

25 armies of warlords;


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1 (7) although the 4,500 soldiers of the Inter2 national Security Assistance Force (ISAF) have pro3 vided much-needed security for the citizens of Kabul,

4 it is not within their mandate or power to promote

5 security to other areas, and human rights abuses are

6 continuing in areas in and around Kabul where

7 ISAF is not present;

8 (8) vastly disproportionate numbers of refugees

9 returning from neighboring countries have gone to

10 Kabul because of the security provided by ISAF and

11 the insecurity of their home areas, overwhelming

12 Kabul and far exceeding its capacity for shelter,

13 food, and employment;

14 (9) NATO has recently decided to take over re15 sponsibility for a limited ISAF, a welcome develop16 ment that will not, unfortunately, provide any addi17 tional security in Kabul or elsewhere;

18 (10) the United States has stated on numerous

19 occasions that it does not oppose the expansion of

20 ISAF, but that heretofore other countries have not

21 expressed a willingness to participate in an expanded

22 force;

23 (11) the United States has not itself dem24 onstrated a commitment to expansion of ISAF or a

25 similar international security or peacekeeping force,


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1 a commitment to leadership that other nations may

2 more likely follow;

3 (12) the Secretary of Defense has announced

4 that the combat phase of the war in Afghanistan has

5 ended, and that the United States will be focusing

6 its efforts on a reconstruction phase utilizing lightly7 armed, platoon-sized Provincial Reconstruction

8 Teams to provide security for reconstruction efforts,

9 rather than an expanded international peacekeeping

10 or patrolling security force;

11 (13) the Provincial Reconstruction Teams may

12 prove inadequate to provide a significant level of se13 curity to their regions, and are not tasked to secure

14 the major transportation routes which are critical to

15 the economic revival of Afghanistan;

16 (14) United States and foreign nongovern17 mental aid workers and Afghan civilian aid workers

18 are at great risk of being robbed, beaten, and killed

19 in areas of Afghanistan that are not being patrolled

20 by United States forces or Afghan central govern21 ment forces;

22 (15) such acts of theft, intimidation, and mur23 der against foreign aid and Afghan civilian workers

24 are occurring with increasing frequency, and are

25 often deliberately committed by Taliban and other


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1 insurgent and rebel forces with the intention of cre2 ating sufficient terror to undermine and arrest any

3 efforts to rebuild Afghanistan into a peaceful, demo4 cratic, and prosperous nation that prohibits ter5 rorism and tyranny;

6 (16) the report of the Inspector General of the

7 United States Agency for International Development

8 (USAID) confirms that USAID workers are virtual

9 captives in their compounds, able to venture out into

10 the countryside for brief periods and only under

11 heavy armed escort, conditions which are counter12 productive to their mission of assisting the people of

13 Afghanistan;

14 (17) the Taliban and al-Qaeda may believe they

15 only have to create enough terror and uncertainty in

16 the country to undermine the creation of strong rep17 resentative institutions, and wait until the United

18 States leaves to again create chaos, exploit tribal ri19 valries, and plunge Afghanistan back into chaos;

20 (18) failure to secure a peaceful and democratic

21 Afghanistan will diminish the credibility of efforts by

22 the United States and the international community

23 to promote peace and democracy elsewhere in the

24 Muslim world; and


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1 (19) unless general security can be provided in

2 the major population areas, strategic highways, and

3 border crossings and chokepoints, the goals for

4 which the war in Afghanistan was fought may be

5 lost and the efforts and lives spent in the attempt

6 to liberate and rebuild Afghanistan may be wasted.

7 (b) SECURITY POLICY.—

8 (1) SECURITY ALONG HIGHWAYS.—The Presi9 dent shall take immediate steps to ensure that there

10 is adequate security along the length of highways

11 connecting major Afghan urban centers in order to

12 terminate and deter acts of banditry, illegal check13 points, human rights abuses, terrorism, and intimi14 dation against Afghan and foreign civilians and mili15 tary personnel.

16 (2) DISARMAMENT, ETC. OF AFGHAN MILI17 TIAS.—The President shall take immediate steps to

18 support directly the disarmament, demobilization,

19 and reintegration of Afghan militias and irregulars

20 that are not formally part of the Afghan National

21 Army or under the direct control of the central gov22 ernment in Afghanistan.

23 (c) SENSE OF CONGRESS.—It is the sense of the Con24 gress that the President should take steps to implement

25 section 206(d) of the Afghanistan Freedom Support Act


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1 of 2002 (Public Law 107–327) to expand significantly the

2 International Security Assistance Force, or take such

3 other steps as may be necessary, such as increasing the

4 number and force levels of United States Provincial Re5 construction Teams, so as to—

6 (1) increase the area in which security is pro7 vided and undertake vital tasks related to promoting

8 security, such as disarming warlords militias and

9 irregulars;

10 (2) deter criminal activity, including rape, rob11 bery, and intimidation of civilians; and

12 (3) safeguard highways in order to allow gov13 ernmental and nongovernmental assistance and re14 construction personnel to move more freely in the

15 countryside to provide humanitarian relief and re16 build Afghanistan.


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AMENDMENT H.R. 1950

OFFERED BY MR. MENENDEZ

Page 197, after line 24, insert the following (and

conform the table of contents accordingly):

1 SEC. 1357. IRAN’S PROGRAM TO DEVELOP A NUCLEAR EX2 PLOSIVE DEVICE.

3 (a) FINDINGS.—Congress finds the following:

4 (1) Iran, as a party to the Treaty on the Non5 Proliferation of Nuclear Weapons, has legally for6 sworn developing or acquiring nuclear weapons.

7 (2) Iran has for more than a decade pursued a

8 program aimed at the development of a nuclear ex9 plosive device.

10 (3) Director of Central Intelligence George

11 Tenet has repeatedly warned of Iran’s clandestine

12 efforts to acquire weapons of mass destruction, stat13 ing as recently as February 11, 2003, in testimony

14 before Congress that ‘‘Iran is continuing to pursue

15 development of a nuclear fuel cycle for civilian and

16 nuclear weapons purposes . . . [and further that]

17 Tehran may be able to indigenously produce enough

18 fissile material for a nuclear weapon’’ within this

19 decade.


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1 (4) On March 17, 2003, Dr. el Baradei, Direc2 tor General of the International Atomic Energy

3 Agency (IAEA), called on Iran to agree to a more

4 intrusive monitoring regime at its nuclear sites and

5 demanded that Iran, which is a signatory to the Nu6 clear Non-Proliferation Treaty, agree to an ‘‘addi7 tional protocol’’ under the IAEA’s nuclear inspection

8 rights, which would enable more intrusive moni9 toring.

10 (5) In early 2003 Iran announced plans to mine

11 its own natural uranium and admitted constructing

12 two nuclear facilities, one a gas centrifuge uranium

13 enrichment facility and the other a heavy water pro14 duction plant.

15 (6) A uranium enrichment facility would give

16 Iran the capability to indigenously produce nuclear17 weapons grade uranium. Further, heavy water is

18 used in reactors that not only produce weapons19 grade plutonium, but also tritium, a key ingrediant

20 in boosted-fission weapons.

21 (7) At the same time, Iran has been developing

22 long-range missiles that could deliver nuclear explo23 sive devices. Director of Central Intelligence Tenet

24 has warned that Iran could flight test an interconti25 nental ballistic missile later this decade.


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1 (8) Iran has received considerable assistance in

2 its nuclear program and in its missile development

3 program from the Russian Federation, the People’s

4 Republic of China, and North Korea.

5 (9) Congress has long been seized with finding

6 ways to deter or delay Iran’s acquisition or develop7 ment of such deadly weapons, including through the

8 enactment of the Iran-Iraq Arms Non-Proliferation

9 Act of 1992, the Iran Libya Sanctions Act of 1996,

10 the Iran Non-Proliferation Act of 2000, and the

11 Iran Nuclear Proliferation Prevention Act of 2002.

12 (10) Successive Administrations have similarly

13 sought to deter or delay Iran’s acquisition or devel14 opment of such weapons by such measures as ele15 vating Iran’s proliferation behavior in bilateral rela16 tions with the Russian Federation and the People’s

17 Republic of China, sanctioning entities of the Rus18 sian Federation providing technology or expertise to

19 Iran’s nuclear and missile programs, and urging

20 multilateral export control regimes to deny sensitive

21 technology to proliferators like Iran.

22 (11) President Bush included Iran as one of the

23 countries that comprise the ‘‘axis of evil’’ in his Jan24 uary 2002 State of the Union Address because of its

25 efforts to develop weapons of mass destruction and


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1 its support of international terrorism. Iran has been

2 the principle supporter and supplier to Hizballah in

3 southern Lebanon, Hamas, and Islamic Jihad. Fur4 ther, the leaders of Iran have publicly called for the

5 destruction of the State of Israel.

6 (12) A nuclear-armed Iran would pose a grave

7 threat to the national security of the United States

8 and to our allies in the region.

9 (b) STATEMENT OF POLICY.—Congress—

10 (1) finds that Iran’s support of terrorism and

11 its efforts to develop nuclear weapons are a grave

12 threat to the national security of the United States

13 and its allies and to the United States Armed

14 Forces;

15 (2) declares that the United States and our

16 friends and allies must make maximum efforts to

17 prevent Iran from developing or acquiring nuclear

18 weapons and the missiles to deliver them;

19 (3) urges the President to use all appropriate

20 means to prevent Iran from gaining such capabili21 ties;

22 (4) urges the International Atomic Energy

23 Agency (IAEA) to employ the full range of its in24 spection authorities to ensure that Iran’s nuclear

25 program is used for peaceful purposes only;


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1 (5) encourages Iran to sign and ratify the new

2 nuclear safeguards protocol, the ‘‘Model Additional

3 Protocol (INFCIRC/540-Corr)’’ to the Treaty on the

4 Non-Proliferation of Nuclear Weapons, which would

5 demonstrate Iran’s commitment to sharing informa6 tion about its nuclear program with the IAEA and

7 the international community and to full disclosure

8 and transparency about its nuclear program; and

9 (6) urges the United States resident representa10 tive to the IAEA to work with the Board of Gov11 ernors of the IAEA on guidelines for early identifica12 tion of noncompliance with the Nuclear Non-Pro13 liferation Treaty.


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Chairman HYDE. I would like to point out Mr. Lantos’ police 

training amendment modifies, but does not restrict, as listed in the 

description. 

Is there any discussion? Mr. Lantos? 

Mr. LANTOS. Mr. Chairman, I realize the timing is late. I will 

just take a minute. I do so only with respect to Afghanistan. 

Last year you made a call. To my amazement, the Congress 

adopted by a vote of 400 an amendment I introduced concerning 

expanding security beyond Kabul to the whole of Afghanistan. This 

measure deals with this same issue. 

I would like to take a moment to tell my colleagues what we are 

dealing with. The United States has a vital interest in promoting 

Afghanistan’s transition from chaos, civil war and disorder to an 

increasingly prosperous and hopefully democratic state, yet today 

Afghanistan remains under the threat of terrorism, insurgency, 

widespread crime, banditry, intimidation, rape, suppression of minorities and women and other grave violations of human rights, especially in areas that do not have the routine presence of U.S. or 

international security personnel. 

Recruitment and training of the Afghan National Army is seriously behind schedule. Police training is almost non-existent. Disarmament and reintegration of militia has not begun. The International Security Assistance Force, soon to be taken over by NATO, 

and I am delighted with that, will not increase in size or capability 

nor operate outside Kabul. 

Mr. Chairman, unless we address the security concerns immediately, Afghanistan will spiral downward into chaos and insecurity 

and again become a safe haven for terrorists. We cannot and must 

not allow this to happen. 

Our measure on Afghanistan directs the President to ensure that 

there is adequate security along the length of major highways connecting major Afghan urban centers, to terminate and deter acts of 

banditry, illegal checkpoints, flagrant human rights abuses and 

terrorism and intimidation against both Afghan and foreign civilian 

and military personnel and to take immediate steps to support the 

disarmament, demobilization and reintegration of Afghan militias 

and irregulars. My amendment calls on the President to expand 

the International Security Assistance Force or take other steps as 

may be necessary to promote security in a wider area. 

Mr. Chairman, in view of the fact that we are still just beginning 

to deal with the security situation in Iraq, it is important that we 

do not have a miserable example for our performance in Iraq in our 

performance in Afghanistan. We have run out of time. Afghanistan 

will be an example to the rest of the world; either one of democratic, peaceful and prosperous new democracy or confirmation in 

the minds of many of us that we talk the talk of commitment to 

democracy in the Muslim world, but it is little more than empty 

rhetoric. 

When we helped liberate Afghanistan from the Taliban, it was 

one of our great victories, and many Afghans cheered us. Now they 

are demonstrating against us. We must do more or lose all credibility throughout the region. 

I thank you for your commitment to this issue and for working 

with me on this critical measure. Thank you, Mr. Chairman. 

428

Chairman HYDE. Thank you, Mr. Lantos. 

If there is no further discussion or questions——

Mr. HOEFFEL. Mr. Chairman? 

Chairman HYDE. Mr. Hoeffel? 

Mr. HOEFFEL. Thank you, Mr. Chairman. I simply want to compliment Mr. Lantos for a commitment to stronger peace keeping in 

Afghanistan. It is a scandal what is not happening in Afghanistan. 

We are not providing, nor is the international community providing, the kind of security that country needs to flourish to allow 

a return to the rule of law and to even think about promoting an 

eventual building of democracy in Afghanistan. 

About a year and a half ago a number of Pennsylvania Members 

of Congress met with the President. I suggested to him when we 

were talking about Afghanistan that we needed to do more with 

peacekeeping, and he said quite forcefully well, we are fighters. We 

are not peacekeepers. I think we need to be both. 

We are seeing in Afghanistan what happens when we do not follow through. After a tremendous military victory in Afghanistan, 

we have not provided sufficient support for security outside of 

Kabul to give President Karzai the support he needs to return the 

rule of law to that country. It is a scandal. It is, as Mr. Lantos suggests, a terrible example of what can go wrong. As we move toward 

the need for better security in Iraq, we have not done the job in 

Afghanistan. 

I share Mr. Lantos’ excitement that NATO is willing to provide 

for peacekeeping in Afghanistan, but they are not assuming a large 

enough role, as the amendment points out, and we should urge the 

President to urge NATO to do so. 

We must act on this. I really applaud the gentleman for bringing 

it up, and, of course, I will support his amendment. I yield back 

my time. 

Chairman HYDE. Is there any further discussion? 

[No response.] 

Chairman HYDE. If not, the question occurs on the en bloc 

amendments. All those in favor say aye? 

[Chorus of ayes.] 

Chairman HYDE. Opposed, nay? 

[No response.] 

Chairman HYDE. The ayes have it. The en bloc amendments are 

agreed to. 

Mr. Paul of Texas? 

Mr. PAUL. Thank you, Mr. Chairman. I have an amendment at 

the desk. 

[The amendment of Mr. Paul follows:]

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AMENDMENT TO H.R. 1950

OFFERED BY MR. PAUL

At the end of section 113 (relating to contributions

to international organizations) insert the following new

subsection:

1 (e) PROHIBITION ON FUNDS FOR UNESCO.—Not2 withstanding any other provision of this Act, none of the

3 funds authorized to be appropriated by this section or any

4 other provision of this Act is authorized to be appropriated

5 or otherwise made available for the United Nations Edu6 cational, Scientific, and Cultural Organization

7 (UNESCO).

In section 402 (relating to the rentry of the United

States in UNESCO) strike subsection (b).


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Chairman HYDE. The clerk will report the amendment. 

Ms. RUSH. Amendment offered by Mr. Paul. At the end of section 

113——

Mr. PAUL. I ask unanimous consent that it be considered as read. 

Chairman HYDE. Without objection, so ordered. 

The gentleman is recognized for 5 minutes in support of his 

amendment. 

Mr. PAUL. Thank you, Mr. Chairman. Nineteen years ago, Ronald Reagan withdrew the United States from membership in 

UNESCO, and at the time he cited egregious financial mismanagement, blatant anti-Americanism and UNESCO’s anti-freedom policies. 

Today, the U.N. has been under fairly constant attack by many 

Americans and by this Administration for its seemingly lack of cooperation with the problems dealing with Iraq, so it seems like it 

is an unusual time that in one sense we are attacking the United 

Nations and its policies. Now we are deciding to refund a program 

of questionable value that we have not been dealing with for 19 

years. 

UNESCO undermines American interests, values and 

sovereignties for several reasons. It meddles in the education affairs of its member countries and continues to attempt to construct 

a global school curriculum for American schools, including radical 

notions of the family and a bizarre sex education program. It has 

been fully supportive of the United Nations’ populations fund in its 

assistance to China’s brutal coercive population control programs, 

which include forced abortion. 

UNESCO has designated 47 U.N. biosphere reserves in the 

United States, covering more than 70,000,000 acres without congressional consultation. This project has led to the confiscation of 

private lands and restrictions on the use of public lands. 

UNESCO’s World Heritage Convention has allowed UNESCO to 

designate some of the most treasured American public monuments 

to be World Heritage sites. These include some of the most treasured sites like Independence Hall, Statute of Liberty, President 

Thomas Jefferson’s home and many others. It is UNESCO, not the 

United States, that develops the policies and the regulations that 

control these sites. 

UNESCO effectively bypasses congressional authority to manage 

Federal lands, including in places like the Everglades, by establishing management policies without congressional consultation or 

approval. UNESCO in the past has promoted global tax on the 

internet and other global taxes. 

UNESCO has also been on record as being not friendly toward 

the family. Since its founding, it has also shown a special and troubling interest in educating American children. They want to create 

not American citizens, but global citizens loyal to the United Nations. 

Here are some quotes from UNESCO’s own statement publication toward world understanding. These are quotes:

‘‘One of the chief aims of education today should be to prepare boys and girls to take an active part in the creation of a 

world society.’’

431

‘‘As long as the child breathes the poisoned air of nationalism, education and world mindedness can produce only rather precarious results. As we have pointed out, it is frequently 

the family that infects the child with extreme nationalism. The 

schools should, therefore, use the means described earlier to 

combat family attitudes that favor jingoism.’’

‘‘The kindergarten or infant school has a significant part in 

a child’s education. Not only can it correct many of the errors 

of home training, but it can prepare the child for membership 

in the world society.’’

UNESCO is also on record a few years back as not being friendly 

to a free press. A few years ago, UNESCO proposed a ‘‘new world 

information order’’ under which it sought to license and regulate 

journalists. I just cannot understand why at this particular time in 

our history we have to restate our support for these aims and the 

goals. 

I am sure the opposition is going to point out all the wonderful 

things that UNESCO can and will be doing and that these statements are taken out of context, but they are written. They are real. 

We are talking about moving toward world government. When they 

talk about world taxes, the American people and especially the 

Congress ought to be alert, wake up to and know what is coming. 

I ask my colleagues for support of this amendment, believing 

that this is not an appropriate time and is not an appropriate program, and it is time that we give serious consideration to protecting the sovereignty of this county. 

I yield back. 

Chairman HYDE. Mr. Lantos? 

Mr. LANTOS. Thank you very much, Mr. Chairman. I listen with 

great interest to my colleague’s comments, which contain a melange of asserted half-truths, former truths and items with which 

I find myself in agreement. 

I think the gentleman from Texas is correct in saying that when 

President Reagan withdrew the United States from UNESCO 

membership he did the right thing. Most of us on this side—I presume all of us on this side—supported President Reagan because 

UNESCO at that period was in fact guilty of many horrendously 

inexcusable policies and statements, including attempted restrictions on the media that my colleague from Texas talked about. I 

want to recognize that many of the things that my friend talks 

about are historically accurate. 

The reason I oppose Mr. Paul’s amendment as emphatically as 

I possibly can is because many of us have been working for years 

behind the scenes with UNESCO leadership to correct those mistakes, and UNESCO to a very large extent, to an overwhelming extent, has done so. As a matter of fact, I want to pay tribute to 

President George Bush for making a powerful statement supporting Mr. Leach’s and my initiative to have us rejoin UNESCO 

and for including $60,000,000 in the President’s budget for funding 

our rejoining of UNESCO. 

Now, many of the things that Mr. Paul talks about are difficult 

to deal with because if UNESCO designates Independence Hall as 

a World Heritage site I view that as a positive phenomenon. They 

have zero organizational, operational, management or any control. 

432

This merely indicates that some of our historic sites or some of our 

scenic sites are so valuable, so important, so significant from an environmental point of view, from an aesthetic point of view, from a 

historic point of view, that the whole world should recognize them 

as unique places. I do not view these as negative phenomena. 

I do not believe that UNESCO has black helicopters that basically run our lives. I do not believe that UNESCO basically is the 

secret government that runs society. I truly believe that to have 

the United States of America, which is subjected to some justified 

and some unjustified criticism for unilateralism, not participate in 

the one global educational, scientific and cultural organization after 

that organization has made heroic efforts to correct the mistakes 

of its own past and now satisfies the litmus test of the Bush Administration in 2003, to have the Congress reject the leadership the 

President has acknowledged in this matter and return to a historically irrelevant period of criticizing UNESCO activities which are 

no longer present, it in my humble judgment is absurd. 

Now, I would also like to suggest that UNESCO reflects the 

globe as it is—good, bad, ugly, indifferent, inspiring, what have 

you. It will not change the climate of the world by itself. I have no 

such illusion. Not in my lifetime, not even in the lifetime of the 

youngest person in this room. 

On balance, at the moment it is a constructive force, and for the 

United States of America not to spend 25 cents per person a year 

to participate in the work of an important international organization, the only one of global scope, I think would be criminal, so I 

urge all of my colleagues to reject the amendment. 

Mr. LEACH. Mr. Chairman? 

Chairman HYDE. Mr. Leach? 

Mr. LEACH. I will be very brief. I certainly respect the gentleman 

from Texas’ view, but I would just add a couple of things partly to 

the period of criticism. 

When one says UNESCO did this or that, one has to be very 

careful about that because UNESCO as a policy making body acts 

under unanimity. What is the case is that members of UNESCO 

advocated certain what might be described as anti-freedom policies 

fighting with journalists, journalism codes of ethics, which we find 

an anathema to our Bill of Rights. 

We were able to block those as a policy of UNESCO. Some members of UNESCO were critical of Israel, but UNESCO itself could 

not take a position in that direction because it operated under consensus. 

Now we have a very interesting phenomenon. Do we as a country 

believe in empty chair diplomacy? How does the interest of the 

United States get represented when we refuse to attend? It is a 

very simple thing. If you believe in American sovereignty and protecting the American interest, you want to be represented. 

As far as this particular time is concerned, given our activist role 

in the world, I would think this is a timely rather than untimely 

time to engage, and I think it is particularly interesting the idea 

of whether we want to raise the American flag or refuse to raise 

the American flag in the City of Paris. I think this is a good time 

to raise the stars and stripes. 

Thank you. 

433

Chairman HYDE. Is there any further discussion? 

Mr. MENENDEZ. Mr. Chairman? 

Chairman HYDE. Mr. Menendez? 

Mr. MENENDEZ. Thank you, Mr. Chairman. Mr. Chairman, I seek 

recognition to oppose this amendment. 

I think even the President has made the statement that he seeks 

to reengage in UNESCO and understands that it has been reformed sufficiently that this Administration is seeking to engage 

and understands the value of UNESCO. 

I would be happy to yield to the Ranking Member for his further 

comments on this. 

Mr. LANTOS. I appreciate my friend for yielding. 

When UNESCO was formed well over a half a century ago, we 

were at the conclusion of the Second World War. The founding 

motto of UNESCO went as follows:

‘‘Wars begin in the minds of men, and it is the minds of men 

that the defenses of peace must first be constructed.’’

When UNESCO was founded at the conclusion of the Second 

World War, we viewed UNESCO as we viewed the World Health 

Organization, the Food and Agricultural Organization, a number of 

the subsidiary organizations of the U.N. system, as specific instruments for moving us toward a more civilized and less violent and 

less hate-filled world. 

We certainly have had plenty of disappointments during this half 

a century period first because of the existence of the Soviet Union 

and the global communist system which we succeeded in defeating. 

Many thought, like Francis Fukuyama at the end of the Soviet 

Union’s existence, that we have reached a point that can accurately 

be described as the end of history; that there is global acceptance 

of the notion that democracy and the market system are the proper 

mechanisms for people to organize their lives. 

The events of international terrorism, the presence of weapons of 

mass destruction in the hands of totalitarian states, rogue states 

like Iraq, have taught us otherwise. We are living in a singularly 

turbulent period. 

It was not too long ago that on the Floor I offered an amendment, you may recall, to denounce the Taliban regime in Afghanistan, which was in power, for destroying Buddhist statues which 

had been there for centuries in a mindless, hate-filled gesture 

against a religion they detested. These are the kinds of things that 

UNESCO ideally fights against. It fights for religious tolerance, acceptance of a variety of views on issues of all types, the recognition 

that there are certain common modalities of civilized behavior. 

In the late 1970s/early 1980s, UNESCO profoundly got away 

from its original purposes, and that is why, as I indicated a minute 

ago, President Reagan had enormous bipartisan support in the 

United States and in the Congress. I do not recall if the gentleman 

was a Member of Congress at that time. I was, and I strongly supported President Reagan when he withdrew us from UNESCO. It 

was the right thing to do. 

It was not an easy task for the decent members of UNESCO, and 

they covered the waterfront from New Zealand to Norway, to work 

meticulously, painfully to get rid of their appalling fiscal practices 

434

and their appalling statements on a wide range of issues. The current Secretary General of UNESCO is a singular, distinguished, 

Japanese, intellectual scholar/historian who is doing an outstanding job in improving the organization. 

I cannot speak for Mr. Leach. He will speak for himself. But I 

can say that when the amendment Mr. Leach with my support introduced last year, we were delighted that the body accepted our 

amendment and it became part of the legislation, and we were 

even more delighted that the Bush Administration embraced our 

proposal. George W. Bush is not particularly known as one who is 

passionately in front in fighting for international organizations. 

That is not his image. He changed that image at his U.N. speech 

by endorsing the re-entry of the United States into UNESCO. 

If for no other reason, I am appealing to my Republican colleagues not to slap the President in the face by telling him that as 

he reaches out for an international institution with global membership that Congress does not tell the President he should not do so. 

The President deserves praise, recognition and commendation for 

his courageous leadership on this subject, and I hope that this body 

will overwhelmingly reject Mr. Paul’s amendment. 

Mr. TANCREDO. Mr. Chairman? 

Chairman HYDE. Mr. Tancredo? 

Mr. TANCREDO. Mr. Chairman, I would like to yield some time 

to my colleague, Mr. Paul. 

Mr. PAUL. Thank you for yielding. 

I would like to point out that I believe the opponents of this 

amendment have been very objective, and I appreciate that because 

they did not in any way want to deny the problems that have existed in the past. I think that, as a matter of fact, has surprised 

me and intrigued me that you are willing to admit its many shortcomings of the past. 

I think it boils down to one of two things—faith in government 

and faith in freedom. Most people realize I do not have a whole lot 

of confidence in government accomplishing the wonderful things I 

think we all want accomplished. 

If you go back to the problems that we had in the early 1980s 

and the 1970s that you admit to, if you go back a little bit further 

it sort of tells you a little bit about the atmosphere that existed in 

this organization for a long time because the first Director General 

was Julian Huxley. Some may say well, he was a wonderful socialist and different things like that, they might argue, and a good 

internationalist, but he was also a great proponent of eugenics, so 

it really got off to a bad start, did not do well. 

You concede that it was a bad organization in the early 1980s, 

and here we are really at odds in many ways with the United Nations at such an inappropriate time to recommit taxpayers’ dollars 

to an organization with such a poor record. 

I would say that yes, let us seek some of these goals, but without 

the confidence in a bigger government, which is a world government organization, with the use of American taxpayers’ dollars to 

accomplish these wonderful things. I urge a yes vote for this 

amendment. 

Mr. TANCREDO. I yield back the balance of my time. 

435

Chairman HYDE. The question occurs on the amendment offered 

by Mr. Paul. All those in favor say aye? 

[Chorus of ayes.] 

Chairman HYDE. Opposed, nay? 

[Chorus of noes.] 

Mr. PAUL. Mr. Chairman? 

Chairman HYDE. Mr. Paul? 

Mr. PAUL. I ask for a recorded vote. 

Chairman HYDE. The gentleman asks for a recorded vote. He 

shall have one. 

The clerk will call the roll. 

Ms. RUSH. Mr. Leach? 

Mr. LEACH. No. 

Ms. RUSH. Mr. Leach votes no. 

Mr. Bereuter? 

[No response.] 

Ms. RUSH. Mr. Smith of New Jersey? 

[No response.] 

Ms. RUSH. Mr. Burton? 

[No response.] 

Ms. RUSH. Mr. Gallegly? 

[No response.] 

Ms. RUSH. Ms. Ros-Lehtinen? 

[No response.] 

Ms. RUSH. Mr. Ballenger? 

Mr. BALLENGER. Aye. 

Ms. RUSH. Mr. Ballenger votes yes. 

Mr. Rohrabacher? 

[No response.] 

Ms. RUSH. Mr. Royce? 

Mr. ROYCE. Aye. 

Ms. RUSH. Mr. Royce votes yes. 

Mr. King? 

Mr. KING. No. 

Ms. RUSH. Mr. King votes no. 

Mr. Chabot? 

Mr. CHABOT. Yes. 

Ms. RUSH. Mr. Chabot votes yes. 

Mr. Houghton? 

[No response.] 

Ms. RUSH. Mr. McHugh? 

[No response.] 

Ms. RUSH. Mr. Tancredo? 

Mr. TANCREDO. Yes. 

Ms. RUSH. Mr. Tancredo votes yes. 

Mr. Paul? 

Mr. PAUL. Yes. 

Ms. RUSH. Mr. Paul votes yes. 

Mr. Smith of Michigan? 

[No response.] 

Ms. RUSH. Mr. Pitts? 

Mr. PITTS. No. 

Ms. RUSH. Mr. Pitts votes no. 

Mr. Flake? 

436

Mr. FLAKE. Yes. 

Ms. RUSH. Mr. Flake votes yes. 

Mrs. Davis? 

Mrs. DAVIS. Yes. 

Ms. RUSH. Mrs. Davis votes yes. 

Mr. Green? 

Mr. GREEN. No. 

Ms. RUSH. Mr. Green votes no. 

Mr. Weller? 

Mr. WELLER. No. 

Ms. RUSH. Mr. Weller votes no. 

Mr. Pence? 

Mr. PENCE. No. 

Ms. RUSH. Mr. Pence votes no. 

Mr. McCotter? 

Mr. MCCOTTER. Yes. 

Ms. RUSH. Mr. McCotter votes yes. 

Mr. Janklow? 

[No response.] 

Ms. RUSH. Ms. Harris? 

Ms. HARRIS. No. 

Ms. RUSH. Ms. Harris votes no. 

Mr. Lantos? 

Mr. LANTOS. No. 

Ms. RUSH. Mr. Lantos votes no. 

Mr. Berman? 

Mr. BERMAN. No. 

Ms. RUSH. Mr. Berman votes no. 

Mr. Ackerman? 

Mr. ACKERMAN. No. 

Ms. RUSH. Mr. Ackerman votes no. 

Mr. Faleomavaega? 

[No response.] 

Ms. RUSH. Mr. Payne? 

[No response.] 

Ms. RUSH. Mr. Menendez? 

[No response.] 

Ms. RUSH. Mr. Brown? 

Mr. BROWN. No. 

Ms. RUSH. Mr. Brown votes no. 

Mr. Sherman? 

Mr. SHERMAN. No. 

Ms. RUSH. Mr. Sherman votes no. 

Mr. Wexler? 

[No response.] 

Ms. RUSH. Mr. Engel? 

Mr. ENGEL. No. 

Ms. RUSH. Mr. Engel votes no. 

Mr. Delahunt? 

Mr. DELAHUNT. No. 

Ms. RUSH. Mr. Delahunt votes no. 

Mr. Meeks? 

[No response.] 

Ms. RUSH. Ms. Lee? 

437

Ms. LEE. No. 

Ms. RUSH. Ms. Lee votes no. 

Mr. Crowley? 

Mr. CROWLEY. No. 

Ms. RUSH. Mr. Crowley votes no. 

Mr. Hoeffel? 

Mr. HOEFFEL. No. 

Ms. RUSH. Mr. Hoeffel votes no. 

Mr. Blumenauer? 

[No response.] 

Ms. RUSH. Ms. Berkley? 

[No response.] 

Ms. RUSH. Ms. Napolitano? 

Ms. NAPOLITANO. No. 

Ms. RUSH. Ms. Napolitano votes no. 

Mr. Schiff? 

[No response.] 

Ms. RUSH. Ms. Watson? 

[No response.] 

Ms. RUSH. Mr. Smith of Washington? 

[No response.] 

Ms. RUSH. Ms. McCollum? 

Ms. MCCOLLUM. No. 

Ms. RUSH. Ms. McCollum votes no. 

Mr. Bell? 

Mr. BELL. No. 

Ms. RUSH. Mr. Bell votes no. 

Chairman Hyde? 

Chairman HYDE. Yes. 

Ms. RUSH. Chairman Hyde votes yes. 

Mr. SMITH OF WASHINGTON. Mr. Chairman? 

Chairman HYDE. Mr. Smith of Washington? 

Mr. SMITH OF WASHINGTON. I am not recorded. I vote no. 

Ms. RUSH. Mr. Smith of Washington votes no. 

Chairman HYDE. Mr. Blumenauer? 

Mr. BLUMENAUER. I vote no. 

Ms. RUSH. Mr. Blumenauer votes no. 

Chairman HYDE. Mr. Menendez? 

Mr. MENENDEZ. I vote no. 

Ms. RUSH. Mr. Menendez votes no. 

Chairman HYDE. Mr. Gallegly? 

Mr.GALLEGLY. Aye. 

Ms. RUSH. Mr. Gallegly votes yes. 

Chairman HYDE. Mr. Houghton? 

Mr. HOUGHTON. No. 

Ms. RUSH. Mr. Houghton votes no. 

Chairman HYDE. Mr. McHugh? 

Mr. MCHUGH. Yes. 

Ms. RUSH. Mr. McHugh votes yes. 

Chairman HYDE. Mr. Wexler? 

Mr. WEXLER. No. 

Chairman HYDE. Mr. Burton? 

Mr. BURTON. Pass. 

Chairman HYDE. Mr. Rohrabacher? 

438

Ms. RUSH. Did he say pass? 

Mr. ROHRABACHER. I vote yes, I think. 

Chairman HYDE. A qualified yes. 

Mr. Burton? 

Mr. BURTON. I vote yes. 

Chairman HYDE. Mr. Burton votes yes. 

Have all voted who wish? 

[No response.] 

Chairman HYDE. The clerk will announce the rollcall. 

Mr. Smith? 

Mr. SMITH. Aye. 

Chairman HYDE. Votes aye. 

Mr. Payne? 

Ms. RUSH. You are not recorded. Mr. Payne is not recorded. 

Mr. PAYNE. No. 

Ms. RUSH. Mr. Payne votes no. 

Chairman HYDE. All right. The clerk will report. 

Ms. RUSH. Mr. Chairman, on this vote there are 14 ayes and 26 

noes. 

Chairman HYDE. And the amendment is not agreed to. 

Mr. Menendez? 

Mr. MENENDEZ. Thank you, Mr. Chairman. Mr. Chairman, I 

have an amendment at the desk, No. 3. 

[The amendment of Mr. Menendez follows:]

439

1

H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. MENENDEZ

Page 197, after line 24, insert the following (and

conform the table of contents accordingly):

1 SEC. 1357. ASSISTANCE TO TAMIL NADU.

2 (a) FINDINGS.—Congress makes the following find3 ings:

4 (1) Several United States businesses invested

5 more than $800,000,000 in capital in the Indian

6 State of Tamil Nadu to build and operate state-of7 the-art electric generation facilities to serve local

8 customers.

9 (2) For nearly 2 years since these power plants

10 went into service, the Tamil Nadu Electricity Board

11 has violated the principle of contract sanctity by

12 consistently refusing to pay the contractually-re13 quired price for the electricity produced by these

14 companies.

15 (3) The Tamil Nadu Electricity Board now

16 owes these United States companies in excess of

17 $150,000,000 in arrearages despite repeated assur18 ances by the Government of Tamil Nadu that the

19 situation would be resolved.


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1 (4) All of the projects are in a technical state

2 of default on the principal of their loans and none

3 of the United States companies is making a return

4 on their equity.

5 (b) RESTRICTION..—No funds authorized by this Act

6 (including any amendments made by this Act) or author7 ized under any other provision of law may be used to di8 rectly or indirectly support any programs, projects, or ac9 tivities (other than humanitarian, health, or rule of law

10 programs, projects, or activities) located in or designed to

11 benefit the State of Tamil Nadu, India.


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Chairman HYDE. The clerk will report the amendment. 

Ms. RUSH. Amendment offered by Mr. Menendez. Page 197, after 

line 24 insert the following——

Chairman HYDE. Without objection, further reading of the 

amendment is dispensed with, and the gentleman from New Jersey 

is recognized for 5 minutes. 

Mr. MENENDEZ. Thank you, Mr. Chairman. 

Mr. Chairman, this amendment seeks to address an unfortunate 

situation that has arisen in the State of Tamil Nadu, India, and 

involves several American companies doing business there. 

Essentially seeking to provide additional electrical generating capacity, the Tamil Nadu Government sought to induce foreign companies to design and build power plants there. Several American 

companies accepted this proposition and constructed four projects 

that generate approximately 800 megawatts of electricity. 

Each entered into a long-term contract for the purchase of the 

electricity generated with the Tamil Nadu Government at an 

agreed upon price. After getting these plants on line, after this inducement to create these opportunities for the people of Tamil 

Nadu, the Tamil Nadu Government then began a systematic underpayment of each of the contract terms and in one case ceased 

all payments. 

Chairman HYDE. Would the gentleman yield? 

Mr. MENENDEZ. Yes. 

Chairman HYDE. I understand both the author, Mr. Menendez, 

and Mr. Smith of New Jersey have a strong interest in insuring 

that United States companies based in New Jersey are compensated for work they have done in the Indian State of Tamil 

Nadu. 

I am sympathetic to their case, but I would rather this be handled without legislative action at this time, and I would ask Mr. 

Menendez to withdraw his amendment with the understanding 

that if progress is not being made in making these companies 

whole, you may wish to revisit this issue when the bill comes to 

the House Floor in June. 

Mr. MENENDEZ. Mr. Chairman, if I may have 1 more minute, I 

would be happy to accede to the Chairman’s request. 

Chairman HYDE. I thank the gentleman, and I assume you are 

withdrawing the amendment. 

Mr. MENENDEZ. If I may have 1 more minute on the amendment 

before I withdraw it? 

Chairman HYDE. You may. 

Mr. MENENDEZ. I appreciate the Chairman’s efforts. Right now 

these companies are owed approximately $150,000,000, and there 

has been no movement whatsoever. 

Now, I and many others consider ourselves strong friends and allies of India, but we cannot have a set of circumstances where 

American investment takes abroad, American companies meet 

their obligations, and then they are in essence shortchanged in 

every way without any actions on their own. Even the Indian Parliament has indicated the necessity of getting these companies paid 

and the necessity of the difficulties that exist in getting additional 

investment into the country for such infrastructure. 

442

The Indian Government has reached out to us through their representatives. I hope that the presentations that they have made 

from the Federal level to go work on this so that future investments can take place in India will in fact take place, Mr. Chairman. 

With the understanding that I will reserve the right to offer this 

hopefully with Mr. Smith on the Floor should we not have significant process that we expect, I would be happy, before I withdraw 

it, to recognize Mr. Crowley on my time and then withdraw the 

amendment. 

Mr. CROWLEY. I thank the gentleman. 

I want to thank my friend from New Jersey and make the Members aware of the conversation that I have had with the Indian 

Embassy regarding the situation. The Embassy has informed me 

that the Indian Foreign Minister has been trying to resolve the situation with the state Government of Tamil Nadu. 

I have received assurances that the Government of India is using 

all of its influences over the state to see that the State of Tamil 

Nadu pays these American companies back. I cannot say for certain when this will be done, but from what I have been told they 

foresee it in the near future. 

I look forward to working with Mr. Menendez on this issue to see 

if these companies are paid the money that they are owed, and I 

yield back to him. 

Mr. MENENDEZ. I thank the gentleman. This has been going on 

for some time, so we are going to need some significant progress, 

but with that, Mr. Chairman, I ask unanimous consent to withdraw the amendment. 

Chairman HYDE. Thank you. Without objection. Thanks for your 

cooperation. 

Mr. Menendez? 

Mr. MENENDEZ. Mr. Chairman, I have an amendment at the 

desk, No. 2. 

[The amendment of Mr. Menendez follows:]

443

1

H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. MENENDEZ

Page 215, after line 6, add the following (and conform the table of contents accordingly):

1 TITLE XV—SOCIAL INVESTMENT

2 FUND FOR THE AMERICAS

3 ACT OF 2003

4 SEC. 1501. SHORT TITLE.

5 This title may be cited as the ‘‘Social Investment

6 Fund for the Americas Act of 2003’’.

7 SEC. 1502. STATEMENT OF POLICY.

8 Congress declares the following:

9 (1) The historic economic, political, cultural,

10 and geographic relationships among the countries of

11 the Western Hemisphere are unique and of con12 tinuing special significance.

13 (2) Following the historic Summits of the

14 Americas—the 1994 Summit in Miami, the 1998

15 Summit in Santiago, Chile, and the 2001 Quebec

16 City Summit—the heads of state of the countries of

17 the Western Hemisphere accepted the formidable

18 challenge of economic and social integration.

19 (3) The interests of the countries of the West20 ern Hemisphere are more interrelated than ever, and


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1 sound economic, social, and democratic progress in

2 each of the countries continues to be of importance

3 to all countries, and lack of it in any country may

4 have serious repercussions in others.

5 (4) For the peoples of the Americas to make

6 progress toward these goals within the framework of

7 social justice, respect for human rights, political de8 mocracy, and market-oriented economies, there is a

9 compelling need for the achievement of social and

10 economic advancement and the consolidation of po11 litical democracy and the rule of law adequate to

12 meet the legitimate aspirations of all of the indi13 vidual citizens of the countries of the Americas for

14 an adequate standard of living.

15 (5) The challenge of achieving economic inte16 gration between one of the world’s most developed

17 economies and some of the poorest and most vulner18 able countries requires a special effort to promote

19 social equality, develop skills, and build an infra20 structure to enable the poorer countries and citizens

21 of all of the Americas to derive full benefits from

22 economic integration.

23 (6) The prosperity, security, and well-being of

24 the United States is linked directly to peace, pros25 perity, and democracy in the Americas and ensuring


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1 that all of the peoples of the Americas benefit from

2 international trade and investment arrangements.

3 (7) Democratic values are dominant throughout

4 the Americas and nearly all governments in the re5 gion have come to power through democratic elec6 tions.

7 (8) Nonetheless, existing democratic govern8 ments and their supporting institutions remain frag9 ile and face critical challenges, including, in par10 ticular, the effective democratic civilian authority

11 over these institutions, including the military, the

12 consolidation or establishment of independent judi13 cial institutions and of the rule of law, the elimi14 nation of corruption, and where appropriate, the de15 centralization of government.

16 (9) In adherence to free market principles, it is

17 essential to promote economic growth with equity18 enlarging employment and decisionmaking opportu19 nities and the provision of basic social services for

20 traditionally marginalized groups, such as indige21 nous minorities, women, and the poor, to protect

22 and promote workers rights to organize and collec23 tive bargaining, and to achieve greater efficiency and

24 transparency in the provision of government serv25 ices.


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1 (10) The Summit of the Americas has directly

2 charged the multilateral institutions of the Americas,

3 including the Organization of American States

4 (OAS), the Inter-American Development Bank

5 (IADB), and the new Inter-American Agency for Co6 operation and Development with mobilizing private7 public sector partnerships among industry and civil

8 society to help achieve equitable development objec9 tives.

10 (11) By supporting the purposes and objectives

11 of sustainable development and applying such pur12 poses and objectives to the Americas, a Social In13 vestment Fund for the Americas can advance the

14 national interests of the United States and can di15 rectly improve the lives of the poor, encourage

16 broad-based economic growth while protecting the

17 environment, build human capital and knowledge,

18 support meaningful participation in democracy, and

19 promote peace and justice in the Americas.

20 SEC. 1503. AMENDMENT TO FOREIGN ASSISTANCE ACT OF

21 1961.

22 Part I of the Foreign Assistance Act of 1961 (22

23 U.S.C. 2151 et seq.) is amended by adding at the end

24 the following:


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1 ‘‘CHAPTER 13—SOCIAL INVESTMENT FUND

2 FOR THE AMERICAS

3 ‘‘SEC. 499H. AUTHORIZATION OF ASSISTANCE.

4 ‘‘(a) IN GENERAL.—The President, acting through

5 the Administrator of the United States Agency for Inter6 national Development, shall provide assistance to reduce

7 poverty and foster increased economic opportunity in the

8 countries of the Western Hemisphere by improving access

9 to, and quality of, education, health care, housing, land,

10 and credit, in particular for small- and medium-size enter11 prises. Assistance under this chapter should be directed

12 through public-private partnerships and microenterprises

13 to the extent practicable.

14 ‘‘(b) TERMS AND CONDITIONS.—Assistance under

15 this chapter may be provided on such other terms and con16 ditions as the President may determine.

17 ‘‘SEC. 499I. TECHNICAL REVIEW COMMITTEE.

18 ‘‘(a) IN GENERAL.—There is established within the

19 United States Agency for International Development a

20 technical review committee.

21 ‘‘(b) MEMBERSHIP.—The President, by and with the

22 advice and consent of the Senate, shall appoint to serve

23 on the technical review committee—


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1 ‘‘(1) individuals with technical expertise with

2 respect to the development of Latin America and the

3 Caribbean;

4 ‘‘(2) representatives of local and international

5 nongovernmental organizations with relevant tech6 nical expertise; and

7 ‘‘(3) citizens of the United States with technical

8 expertise with respect to development projects and

9 business experience.

10 Technical expertise shall be the sole criterion in making

11 appointments to the technical review committee.

12 ‘‘(c) DUTIES.—The technical review committee shall

13 review all projects proposed for funding using assistance

14 provided under section 499H(a), and make recommenda15 tions to the President with respect to the guidelines to

16 be used in evaluating project proposals and the suitability

17 of the proposed projects for funding.

18 ‘‘(d) CONFLICTS OF INTEREST.—A member of the

19 technical review committee shall not be permitted to re20 view an application submitted by an organization with

21 which the member has been or is affiliated.

22 ‘‘SEC. 499J. REPORT.

23 ‘‘The President shall prepare and transmit to Con24 gress an annual report on the specific programs, projects,

25 and activities carried out under this chapter during the


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1 preceding year, including an evaluation of the results of

2 such programs, projects, and activities.

3 ‘‘SEC. 499K. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘(a) IN GENERAL.—There are authorized to be ap5 propriated to carry out this chapter $150,000,000 for

6 each of the fiscal years 2004 through 2009. Amounts ap7 propriated pursuant to the authorization of appropriations

8 under the preceding sentence may be referred to as the

9 ‘United States Social Investment Fund for the Americas’.

10 ‘‘(b) LIMITATION.—Amounts appropriated pursuant

11 to the authorization of appropriations under subsection (a)

12 may not be used for administrative expenses in carrying

13 out this chapter.

14 ‘‘(c) AVAILABILITY.—Amounts appropriated pursu15 ant to the authorization of appropriations under sub16 section (a) are authorized to remain available until ex17 pended.’’.

18 SEC. 1504. AMENDMENT TO THE INTER-AMERICAN DEVEL19 OPMENT BANK ACT.

20 The Inter-American Development Bank Act (22

21 U.S.C. 283–283z-10) is amended by adding at the end the

22 following:

23 ‘‘SEC. 39. SOCIAL INVESTMENT FUND FOR THE AMERICAS.

24 ‘‘(a) IN GENERAL.—The Secretary of the Treasury

25 shall instruct the United States Executive Director at the


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1 Bank to use the voice, vote, and influence of the United

2 States to urge the Bank to establish an account to be

3 known as the ‘Social Investment Fund for the Americas’

4 (in this section referred to as the ‘Fund’), which is to be

5 operated and administered by the Board of Executive Di6 rectors of the Bank consistent with subsection (b). The

7 United States Governor of the Bank may vote for a resolu8 tion transmitted by the Board of Executive Directors

9 which provides for the establishment of such an account,

10 and the operation and administration of the account con11 sistent with subsection (b).

12 ‘‘(b) GOVERNING RULES.—

13 ‘‘(1) USE OF FUNDS.—The Fund shall be used

14 to provide assistance to reduce poverty and foster in15 creased economic opportunity in the countries of the

16 Western Hemisphere by improving access to, and

17 quality of, education, health care, housing, land, and

18 credit, in particular for small- and medium-size en19 terprises, including, to the extent practicable,

20 through encouragement of public-private partner21 ships and microenterprises.

22 ‘‘(2) APPLICATION FOR FUNDING THROUGH A

23 COMPETITIVE PROCESS.—Any interested person or

24 organization may submit an application for funding

25 by the Fund.


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H.L.C.

1 ‘‘(3) TECHNICAL REVIEW COMMITTEE.—

2 ‘‘(A) IN GENERAL.—The Fund shall have

3 a technical review committee.

4 ‘‘(B) MEMBERSHIP.—The Board of Execu5 tive Directors of the Bank shall appoint to

6 serve on the technical review committee—

7 ‘‘(i) citizens of countries in Latin

8 America and the Caribbean with technical

9 expertise with respect to the development

10 of Latin America and the Caribbean;

11 ‘‘(ii) representatives of local and inter12 national nongovernmental organizations

13 with relevant technical expertise; and

14 ‘‘(iii) citizens of the United States

15 with technical expertise with respect to de16 velopment projects and business experi17 ence. Technical expertise shall be the sole

18 criterion in making appointments to the

19 technical review committee.

20 ‘‘(C) DUTIES.—The technical review com21 mittee shall review all projects proposed for

22 funding by the Fund, and make recommenda23 tions to the Board of Executive Directors of the

24 Bank with respect to the guidelines to be used


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10

H.L.C.

1 in evaluating project proposals and the suit2 ability of the proposed projects for funding.

3 ‘‘(D) CONFLICTS OF INTEREST.—A mem4 ber of the technical review committee shall not

5 be permitted to review an application submitted

6 by an organization with which the member has

7 been or is affiliated.

8 ‘‘(4) REVIEW OF PROPOSED PROJECTS.—Not

9 more frequently than annually, the Board of Execu10 tive Directors of the Bank shall review and make de11 cisions on applications for projects to be funded by

12 the Fund, in accordance with procedures which pro13 vide for transparency. The Board of Executive Di14 rectors shall provide advance notice to all interested

15 parties of any date on which such a review will be

16 conducted.

17 ‘‘(c) CONTRIBUTION AUTHORITY.—To the extent and

18 in the amounts provided in advance in appropriations

19 Acts, the United States Governor of the Bank may con20 tribute to the Fund $500,000,000.

21 ‘‘(d) LIMITATIONS ON AUTHORIZATION OF APPRO22 PRIATIONS.—

23 ‘‘(1) IN GENERAL.—For the contribution au24 thorized by subsection (c), there are authorized to be

25 appropriated for payment by the Secretary of the


86991ai.AAK
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11

H.L.C.

1 Treasury $100,000,000 for each of the 5 fiscal years

2 beginning with the fiscal year in which the resolution

3 described in subsection (a) is adopted.

4 ‘‘(2) LIMITATION.—Amounts appropriated pur5 suant to paragraph (1) may not be used for adminis6 trative expenses.

7 ‘‘(3) AVAILABILITY.—Amounts appropriated

8 pursuant to paragraph (1) are authorized to remain

9 available until expended.’’.

10 SEC. 1505. SENSE OF CONGRESS.

11 It is the sense of Congress that the countries of the

12 Western Hemisphere should collectively provide assistance

13 equal to the amount of United States bilateral assistance

14 provided under chapter 13 of part I of the Foreign Assist15 ance Act of 1961 (as added by section 1503(a) of this

16 title) and multilateral assistance provided by the Social In17 vestment Fund for the Americas under section 39 of the

18 Inter-American Development Bank Act (as added by sec19 tion 1504 of this title) for the same purpose for which

20 such assistance was provided.


86991ai.AAL
454

Chairman HYDE. The clerk will designate the amendment. 

Ms. RUSH. Amendment offered by Mr. Menendez. Page 215, after 

line 6 add the following and conform the table’s contents accordingly. Title 16——

Chairman HYDE. Without objection, further reading of the 

amendment is dispensed with. 

The gentleman is recognized for 5 minutes in support of his 

amendment. 

Mr. MENENDEZ. Thank you, Mr. Chairman. 

Mr. Chairman, this amendment, which I hope to work with the 

Chair on, as well as the representations made to me by my colleague and friend, the Chair of the Western Hemisphere Subcommittee. 

I will seek to withdraw it in a moment, but this amendment is 

based simply on a few propositions that it is in essence to pursue 

our interest in Latin America, but in a way that is meaningful, 

when we made a commitment as we did in Central America during 

the 1980s to fight the spread of communism, spending billions of 

dollars. We need to follow through on that commitment with foreign policy engagement that both reinforces and strengthens that 

commitment and our policies. 

What we simply seek to do in this amendment and in these efforts is something we have been working on for quite some time 

here on the Committee; is in essence to create a social investment 

fund for the Americas. We understand that trade is incredibly important, but trade alone will not resolve the problem when we have 

40 percent of the hemisphere’s population below the poverty level. 

Continuously we shortchange this part of the world in our foreign assistance and in our development funds, and we find ourselves that this is an area of the world in which we have so many 

immediate concerns. 

My colleagues who are concerned about undocumented immigration to this country should look to stabilize those countries and 

help develop markets. We would sell more products and services to 

those markets to the growing middle class. We would have less 

health consequences right here in our own country if we were dealing with some of these issues. We would also have less energy 

problems. 

There is a whole host of reasons why in fact we should make a 

major investment in Latin America, and we consistently shortchange it in our efforts. This is an effort to create at least a floor 

of investment that matches and helps trade be realized, and we 

look forward to an opportunity, Mr Chairman, that I believe we 

will have to have a separate discussion, debate and markup on this 

amendment. 

I would like to yield to my colleague, Mr. Ballenger, who asked 

me to pursue this course of action in terms of withdrawing this 

amendment, and I hope that we will be able to have the markups 

that he talked about. 

Mr. BALLENGER. I thank the gentleman for yielding, and I commend the gentleman from New Jersey for his initiative. He has 

been a tireless advocate for the Western Hemisphere, and it has 

been my privilege to have him serve as the Ranking Member of the 

Western Hemisphere Subcommittee. 

455

I agree with him that we need to do more to help our neighbors 

in the Western Hemisphere. I will schedule an early hearing to review this proposal to create a social investment fund for the Americas. I’ll also schedule a markup of a bill to create that fund of the 

Americas. I’ll works with the gentlemen from New Jersey to ensure 

its passage. 

Mr. DELAHUNT. Would my friend from New Jersey yield me some 

time? 

Mr. MENENDEZ. I would be happy to yield to Mr. Delahunt. 

Mr. DELAHUNT. I really want to commend Mr. Menendez. I 

mean, he has persevered and persisted in this particular concept. 

He has truly been a visionary, and it comes at a particularly critical moment in time. 

As I indicated, it is my own assessment that the situation in 

Latin America is critical. In fact, reading through the testimony of 

the Secretary Designate for the Western Hemisphere, Mr. Noriega, 

he concurs with that. I just want to quote what he said:

‘‘Mr. Chairman, any successful strategy must be based on 

the realistic appraisal that today the hemisphere is in trouble. 

Current growth rates are inadequate to generate sufficient jobs 

for growing populations, let alone address chronic poverty. In 

some countries, these factors have combined to produce violent 

outbursts, which relatively weak institutions or governments 

are hard pressed to control. What are our objectives in the 

Americas? We want a thriving partner with democratic, stable 

and prosperous economies and political systems.’’

It is about time we moved in that direction. It is long overdue. 

What we do not want to see occur is a hemisphere that is imploding, and at some later date we are discussing the reconstruction, 

not just of Iraq and Afghanistan, but myriad countries in this 

hemisphere. 

This particular proposal really deserves our full attention and 

support, and I yield back and congratulate the Ranking Member. 

Chairman HYDE. Is there further discussion? 

Mr. LANTOS. Mr. Chairman? 

Chairman HYDE. Mr. Lantos? 

Mr. LANTOS. Thank you, Mr. Chairman. I will just take a 

minute. 

First I want to commend my friend, Bob Menendez, for a carefully thought through proposal. I want to commend my good friend, 

Mr. Ballenger, for his longstanding and similarly impressive work 

in the hemisphere, as well as Mr. Delahunt. 

I think the Administration would be well advised to recognize 

that this Committee is very serious about this proposal. We intend 

to move on it, and we would like to do so in harmony with the Administration. 

Thank you, Mr. Chairman. 

Chairman HYDE. Is there further discussion? 

Mr. PAYNE. Mr. Chairman? 

Chairman HYDE. Who seeks recognition? 

Mr. PAYNE. The gentleman from New Jersey. 

Chairman HYDE. Mr. Payne? 

Mr. PAYNE. The other gentleman from New Jersey. 

456

Chairman HYDE. Right. 

Mr. PAYNE. Let me just say that I would like to commend my colleague, Mr. Menendez, also and for Mr. Ballenger’s interest in pursuing this. 

I think that this hemisphere has lost interest and prominence. 

I recall we had the Alliance of the Americas in the 1960s, and we 

had a series of programs that through the decades have had a focus 

on Central and Latin America, but we have seen a lot of that go 

away. The Caribbean is here, South America, Central America, and 

I would hope that we could work toward having a real serious 

focus. 

I ran into Mr. Ballenger and his delegates in the codel in the Dominican Republic. They have problems. Problems abound. As we 

move to free trade areas in certain parts of Central America we 

need to be sure that our friends in the Dominican Republic are not 

left out. We might want to look at the locking, staging somehow of 

including the D.R. in some of the new free trade for the Americas. 

I look forward as a Member of the Committee to also working 

with the Chairman and the Ranking Member. With that, I yield 

back. Thank you. 

Chairman HYDE. Would the gentleman execute his pledge of 

withdrawing this amendment? 

Mr. MENENDEZ. Yes. Mr. Chairman, I would be happy to. I ask 

unanimous consent to withdraw the amendment. 

Chairman HYDE. Without objection, so ordered. The amendment 

is withdrawn. 

We have one more amendment, and we have about 25 minutes 

before another vote, so again expedition is the word. 

Mr. Menendez? 

Mr. MENENDEZ. Mr. Chairman, I have an amendment at the 

desk. 

[The amendment of Mr. Menendez follows:]

457

1

H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. MENENDEZ OF NEW JERSEY

Page 154, after line 12, insert the following section:

1 SEC. 726. SENSE OF CONGRESS REGARDING MIGRATION

2 ISSUES BETWEEN THE UNITED STATES AND

3 MEXICO.

4 (a) FINDINGS.—The Congress finds as follows:

5 (1) During President Bush’s first meeting with

6 President Fox in Guanajuato, Mexico, the Presi7 dents stated in the Joint Communique of February

8 16, 2001 that ‘‘we are instructing our Governments

9 to engage, at the earliest opportunity, in formal high

10 level negotiations aimed at achieving short and long11 term agreements that will allow us to constructively

12 address migration and labor issues between our two

13 countries.’’.

14 (2) During President Fox’s official visit to

15 Washington, D.C., the Joint Statement of Sep16 tember 6, 2001, summarized the meeting as follows:

17 ‘‘The Presidents reviewed the progress made by our

18 joint working group on migration chaired by Secre19 taries Powell, Castaneda, and Creel and Attorney

20 General Ashcroft and noted this represented the

21 most fruitful and frank dialogue we have ever had


86991aa.AAB
458

2

H.L.C.

1 on a subject so important to both nations. They

2 praised implementation of the border safety initia3 tive, and recognized that migration-related issues are

4 deeply felt by our publics and vital to our prosperity,

5 well-being, and the kind of societies we want to

6 build. They renewed their commitment to forging

7 new and realistic approaches to migration to ensure

8 it is safe, orderly, legal and dignified, and agreed on

9 the framework within which this ongoing effort is

10 based. This includes: matching willing workers with

11 willing employers; serving the social and economic

12 needs of both countries; respecting the human dig13 nity of all migrants, regardless of their status; recog14 nizing the contribution migrants make to enriching

15 both societies; shared responsibility for ensuring mi16 gration takes place through safe and legal channels.

17 Both stressed their commitment to continue our dis18 cussions, instructing the high-level working group to

19 reach mutually satisfactory results on border safety,

20 a temporary worker program and the status of un21 documented Mexicans in the United States. They re22 quested that the working group provide them pro23 posals with respect to these issues as soon as pos24 sible. The Presidents recognized that this is an ex25 traordinarily challenging area of public policy, and


86991aa.AAC
459

3

H.L.C.

1 that it is critical to address the issue in a timely

2 manner and with appropriate thoroughness and

3 depth.’’.

4 (3) On September 7, 2001, during President

5 Fox’s historic State visit to Washington, the United

6 States and Mexico issued a joint statement ‘‘in7 structing our cabinet-level working group to provide

8 us with specific proposals to forge a new and real9 istic framework that will ensure a safe, legal, or10 derly, and dignified migration flow between our

11 countries. We have today agreed that our Cabinet

12 level migration group should continue the work we

13 charged it with in Guanajuato and Washington.’’.

14 (4) When the Presidents met in Monterrey,

15 Mexico, the Presidents stated in a Joint Statement

16 on March 22, 2002, as follows: ‘‘Slightly more than

17 one year ago, in Guanajuato, we talked about migra18 tion as one of the major ties that join our societies.

19 We launched then the frankest and most productive

20 dialogue our countries have ever had on this impor21 tant and challenging subject. Those talks have con22 tinued over the past year, and have yielded a clearer

23 assessment of the scope and nature of this issue.

24 This bond between our nations can render countless

25 benefits to our respective economies and families.’’.


86991aa.AAD
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4

H.L.C.

1 (5) Over the past year, important progress has

2 been made to enhance migrant safety and particu3 larly in saving lives by discouraging and reducing il4 legal crossings in dangerous terrain.

5 (6) At the conclusion of the Mexico-United

6 States Binational Commission (BNC) meeting in

7 Mexico City in November 2002, Secretary of State

8 Powell’s press conference was summarized by the

9 State Department as follows: The BNC’s migration

10 working group ‘‘affirmed our strong commitment to

11 advancing our bilateral migration agenda,’’ he

12 stressed, adding that ‘‘there should be no doubt in

13 anyone’s mind that this is a priority for President

14 Bush, just as it is a priority for [Mexican] President

15 [Vicente] Fox.’’.

16 (7) Secretary Powell said no schedule had been

17 established for a migration accord, but he confirmed

18 that the United States and Mexico want to come up

19 with a series of migration initiatives over the course

20 of the next six months to a year.

21 (b) SENSE OF CONGRESS.—It is the sense of the

22 Congress that—

23 (1) the United States and Mexico should, as

24 soon as is practicable, conclude a migration accord

25 that is as comprehensive as possible and which adVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00466 Fmt 6601 Sfmt 6601 F:\WORK\FULL\M050703\86991.001 HINTREL1 PsN: SHIRL

86991aa.AAE
461

5

H.L.C.

1 dresses the key issues of concern for both nations;

2 and

3 (2) the Bush Administration should submit to

4 Congress, as soon as is practicable, legislation based

5 on such a concluded migration accord that would en6 courage new and realistic approaches to migration to

7 ensure it is safe, orderly, legal, and dignified, includ8 ing: matching willing workers with willing employers,

9 serving the social and economic needs of both coun10 tries, respecting the human dignity of all migrants

11 regardless of their status, recognizing the contribu12 tion migrants make to enriching both societies, and

13 shared responsibility for ensuring migration takes

14 place through safe and legal channels.


86991aa.AAF
462

Chairman HYDE. The clerk will report the amendment. 

Ms. RUSH. Amendment offered by Mr. Menendez. Page 154, after 

line 12 insert the following——

Chairman HYDE. Without objection, further reading is dispensed 

with. 

Mr. Menendez is recognized for 5 minutes in support of his 

amendment. 

Mr. MENENDEZ. Thank you, Mr. Chairman. This is an amendment that I do not intend to withdraw, so I want Members to know 

that I seek to ask for a vote on it. 

This is in essence an expression of the sense of the Congress regarding migration issues between the United States and Mexico. In 

February 2001, the first Bush Administration/Fox Administration 

joint communique stated that both sides sought to ‘‘constructively 

address migration and labor issues between our two countries.’’ 

More than 2 years have passed, and I believe the time has come 

for action. 

This amendment is a straightforward proposition. It simply asks 

that we address the reality on our borders, both the United States 

and Mexico. We have established a very long record of rhetoric on 

this matter in a series of joint statements. Now the time has come 

to match our rhetoric with that reality, to match that rhetoric with 

results. 

First, we ask that the United States and Mexico, as soon as is 

practicable, conclude a migration accord that is as comprehensive 

as possible and which addresses the key issues of concern for both 

nations. 

Second, we ask the Bush Administration to send Congress, as 

soon as is practicable, legislation based on such a concluded migration accord that would encourage new and realistic approaches to 

migration to ensure it is safe, orderly, legal and dignified, including 

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 and shared responsibility for ensuring migration takes place through safe and 

legal channels. 

When President Fox visited the United States in September 

2001, the two Presidents renewed 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.’’ Let me repeat that later statement. It said that we should 

reach mutually satisfactory results on border safety, a temporary 

worker program and the status of undocumented Mexicans in the 

United States. 

In November 2002, at the conclusion of the Mexico-United States 

Binational Commission, Secretary Powell stated 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 President Fox. He went on to say 

that no schedule had been established for such an accord, but he 

confirmed that the United States and Mexico wanted to come up 

with a series of migration initiatives over the course of the next 6 

months to a year. 

463

Now, this is incredibly important in our respective relationships. 

I have heard the President say time and time again of the importance of our relationship with Mexico, of the contributions of Mexican-Americans to this country and to the need for real migration 

accords. Mexicans have contributed greatly to this country. They 

have a long history in this country, going back several hundred 

years, and in doing so they have contributed much. 

We have human capital being used to pick our fruits and vegetables throughout the west and south, to go ahead and put poultry 

on our tables, to go ahead and provide labor for the service industry on the east and west coasts, to nourish the construction industry in North Carolina, and I have only touched the tip of the iceberg. The fact of the matter is we need to get on with a migration 

agreement that will be important for national security, that will be 

important for this economy and which we can infuse the resources. 

The President often says that he is a man of results. I believe 

he has called himself a reformer with results. This amendment 

asks in a nutshell that the President produce a result on this issue 

and that he do it soon. I urge adoption of the amendment. 

Chairman HYDE. Mr. Ballenger? 

Mr. BALLENGER. Mr. Chairman, I have a substitute amendment 

for the Menendez amendment at the desk. 

[The amendment of Mr. Ballenger follows:]

464

1

H.L.C.

AMENDMENT TO H.R. 1950

OFFERED BY MR. BALLENGER

Page 154, after line 12, insert the following section:

1 SEC. 726. SENSE OF CONGRESS REGARDING MIGRATION

2 ISSUES BETWEEN THE UNITED STATES AND

3 MEXICO.

4 (a) FINDINGS.—The Congress finds as follows:

5 (1) During President Bush’s first meeting with

6 President Fox in Guanajuato, Mexico, the Presi7 dents stated in the Joint Communique of February

8 16, 2001 that ‘‘we are instructing our Governments

9 to engage, at the earliest opportunity, in formal high

10 level negotiations aimed at achieving short and long11 term agreements that will allow us to constructively

12 address migration and labor issues between our two

13 countries.’’.

14 (2) During President Fox’s official visit to

15 Washington, D.C., the Joint Statement of Sep16 tember 6, 2001, summarized the meeting as follows:

17 ‘‘The Presidents reviewed the progress made by our

18 joint working group on migration chaired by Secre19 taries Powell, CastaZeda, and Creel and Attorney

20 General Ashcroft and noted this represented the

21 most fruitful and frank dialogue we have ever had


86991ab.AAB
465

2

H.L.C.

1 on a subject so important to both nations. They

2 praised implementation of the border safety initia3 tive, and recognized that migration-related issues are

4 deeply felt by our publics and vital to our prosperity,

5 well-being, and the kind of societies we want to

6 build. They renewed their commitment to forging

7 new and realistic approaches to migration to ensure

8 it is safe, orderly, legal and dignified, and agreed on

9 the framework within which this ongoing effort is

10 based. This includes: matching willing workers with

11 willing employers; serving the social and economic

12 needs of both countries; respecting the human dig13 nity of all migrants, regardless of their status; recog14 nizing the contribution migrants make to enriching

15 both societies; shared responsibility for ensuring mi16 gration takes place through safe and legal channels.

17 Both stressed their commitment to continue our dis18 cussions, instructing the high-level working group to

19 reach mutually satisfactory results on border safety,

20 a temporary worker program and the status of un21 documented Mexicans in the United States. They re22 quested that the working group provide them pro23 posals with respect to these issues as soon as pos24 sible. The Presidents recognized that this is an ex25 traordinarily challenging area of public policy, and


86991ab.AAC
466

3

H.L.C.

1 that it is critical to address the issue in a timely

2 manner and with appropriate thoroughness and

3 depth.’’.

4 (3) On September 7, 2001, during President

5 Fox’s historic State Visit to Washington, the United

6 States and Mexico issued a joint statement instruct7 ing our cabinet-level working group to provide us

8 with specific proposals to forge a new and realistic

9 framework that will ensure a safe, legal, orderly, and

10 dignified migration flow between our countries. We

11 have today agreed that our Cabinet level migration

12 group should continue the work we charged it with

13 in Guanajuato and Washington.

14 (4) When the Presidents met in Monterrey,

15 Mexico, the Presidents stated in a Joint Statement

16 on March 22, 2002, as follows: ‘‘Slightly more than

17 one year ago, in Guanajuato, we talked about migra18 tion as one of the major ties that join our societies.

19 We launched then the frankest and most productive

20 dialogue our countries have ever had on this impor21 tant and challenging subject. Those talks have con22 tinued over the past year, and have yielded a clearer

23 assessment of the scope and nature of this issue.

24 This bond between our nations can render countless

25 benefits to our respective economies and families.


86991ab.AAD
467

4

H.L.C.

1 (5) Over the past year, important progress has

2 been made to enhance migrant safety and particu3 larly in saving lives by discouraging and reducing il4 legal crossings in dangerous terrain.

5 (6) At the conclusion of the Mexico-United

6 States Binational Commission (BNC) meeting in

7 Mexico City in November 2002, Secretary of State

8 Powell’s press conference was summarized by the

9 State Department as follows: The BNC’s migration

10 working group ‘‘affirmed our strong commitment to

11 advancing our bilateral migration agenda,’’ he

12 stressed, adding that ‘‘there should be no doubt in

13 anyone’s mind that this is a priority for President

14 Bush, just as it is a priority for [Mexican] President

15 [Vicente] Fox.’’

16 (7) Secretary Powell said no schedule had been

17 established for a migration accord, but he confirmed

18 that the United States and Mexico want to come up

19 with a series of migration initiatives over the course

20 of the next six months to a year.

21 (8) Mexico’s state-run oil monopoly, Petro ́leos

22 Mexicanos (PEMEX), is inefficient, plagued by cor23 ruption, and in need of substantial reform and pri24 vate investment in order to provide sufficient petro25 leum products to Mexico and the United States to


86991ab.AAE
468

5

H.L.C.

1 fuel future economic growth which can help curb il2 legal migration into the United States.

3 (b) SENSE OF CONGRESS.—It is the sense of the

4 Congress that—

5 (1) That the United States and Mexico should

6 as soon as is practicable commence negotiations in

7 an attempt to reach a migration accord that is as

8 comprehensive as possible and which addresses the

9 key issues of concern for both nations.

10 (2) That any accord on migration issues be11 tween the United States and Mexico should also in12 clude an accord to open Petro ́leos Mexicanos

13 (PEMEX) to investment by U.S. oil companies and

14 specific steps to reform PEMEX’s operations to

15 make them more transparent and efficient.


86991ab.AAF
469

Chairman HYDE. The clerk will designate the substitute. 

Ms. RUSH. Amendment offered by Mr. Ballenger to the amendment——

Mr. BALLENGER. Move the amendment be considered as read. 

Chairman HYDE. Without objection, so ordered. 

The gentleman is recognized for 5 minutes. 

Mr. BALLENGER. While I agree with the Ranking Member of the 

Western Hemisphere Subcommittee that the United States and 

Mexico need to address the problems we both face with immigration, I do not believe this amendment goes far enough. 

It is vital to the national interests of the United States and Mexico to reach an accord that matches willing workers with willing 

employers and that serves social and economic interests of both 

countries and respects all human rights for all people. However, we 

must work at these goals with great care. An ill-conceived effort to 

achieve these noble ambitions will not only fail; it will, no doubt, 

have tragic consequences for our two nations and the global economy. 

Any plan that grants blanket amnesty to illegal immigrants from 

Mexico or any other nation is simply unwise. The full consequences 

of such a disaster can only be known if it actually occurs. However, 

it is clear that, first of all, the sudden infusion of labor and demand 

for services will have a chilling effect on the recovery from the recession in my district and elsewhere. By extension, this will slow 

the growth of employment opportunities for both U.S. citizens and 

immigrants. 

Second, the Department of Homeland Security’s apparatus for inspecting and documenting lawfully admitted aliens is stretching to 

the breaking point already. A blanket amnesty would most likely 

result in a complete breakdown of that apparatus. Allowing amnesty to those who have broken the U.S. immigration laws only violates the human dignity of those who are here illegally, but, most 

importantly, it violates the human dignity of those who have immigrated legally and are waiting to legally immigrate in search of a 

better life. 

I much prefer a guest worker program which allows employees 

access to temporary laborers to meet cyclical shortages of skilled 

and unskilled laborers—this works very well in North Carolina at 

the present time—without risking permanent displacement of U.S. 

citizens. An effective guest worker plan will dry up the demand of 

illegal alien labor, thus offering the formerly undocumented workers with the full protection of the U.S. labor regulations. 

A guest worker program also is better suited to meet the demands required to maintain a healthy national economy. The interest of the American worker, persons from other countries seeking 

to better their lives and the improvement of conditions in the countries from which these workers come, are all better served by a 

guest worker program than they are by the amnesty program alluded to in this amendment. 

Providing the acceptable accord on migration will be difficult. 

Both sides must work hard to ensure that there is an equal benefit 

to both parties. My amendment simply requires that any accord 

reached between the United States and Mexico on migration should 

include a provision by which Mexico opens it state owned Pemex 

470

Oil Company to U.S. investors as Pemex is inefficient, some say 

corrupt, and cannot as currently structured meet the energy needs 

of both Mexico and the United States. 

Since we are not allowed to drill in Alaska, we need somehow to 

protect the usage of oil in our country. If the U.S. is willing to take 

on tough issues of immigration, then Mexico should be willing to 

meet us halfway and take on the tough issue of opening its oil monopoly to the kind of investment that is needed to ensure a steady 

supply of gas and oil to keep both of our economies strong. 

Thank you, Mr. Chairman. 

Mr. MENENDEZ. Would the gentleman yield? Would my colleague 

and friend yield? 

Mr. BALLENGER. Yes. Sure. 

Mr. MENENDEZ. I thank the gentleman for yielding, and I have 

great regard for him in our work that we do together, but I am not 

sure what part of the Western Hemisphere you are visiting with 

me today on. 

I would ask the gentleman to point out in my amendment where 

is it that I speak of an amnesty plan or, for that fact, any plan? 

I have no statements whatsoever about, as you describe, a total 

blanket amnesty. I would ask the gentleman to show me. 

Mr. BALLENGER. May I return my time? Your basic statement in 

this says that we should not have gone to Afghanistan. We should 

not have gone to Iraq. We should have been involved in Central 

America, in Mexico. 

In speaking to President Fox when he was here, I spoke to him 

about the idea of paving across the Rio Grande and having everybody come back and forth, back and forth. I used my little company 

in North Carolina and said I have two Salvadorans, two Costa 

Ricans, seven Guatemalans and five Mexicans. Now you want to 

pass a law that takes care of the five Mexicans. What about the 

rest of the people that are coming into this country? 

He said, and this is the point that I was trying to bring across. 

He said you have a terrible problem. I think that is the point I am 

trying to bring up. 

Mr. BEREUTER. Would the gentleman yield for a question? 

Mr. BALLENGER. Sure. 

Mr. BEREUTER. I ask this question in the context of having observed the gentleman voted in favor of Mr. Tancredo’s earlier 

amendment. 

I am wondering would it be in the same conversation or different 

conversations that our State Department officials would tell the 

Mexicans to quit lobbying us to adopt the matricula consular card 

and how to run their oil industries? Would those be in the same 

conversations or different ones? 

Mr. BALLENGER. Well, it is up to you. Whichever one you want. 

Mr. DELAHUNT. Mr. Chairman? 

Mr.GALLEGLY. Mr. Chairman, I have an amendment. 

Chairman HYDE. Mr. Gallegly? 

Mr.GALLEGLY. Mr. Chairman, I have an amendment to Mr. 

Ballenger’s substitute at the desk. 

[The amendment of Mr. Gallegly follows:]

471

Chairman HYDE. The clerk will report the amendment to the 

substitute. 

Ms. RUSH. Amendment offered by Mr. Gallegly to the substitute 

amendment offered by Mr. Ballenger to the amendment. 

Chairman HYDE. Without objection, further reading is dispensed 

with. 

Mr. Gallegly is recognized for 5 minutes in support of his amendment. 

Mr.GALLEGLY. Thank you, Mr. Chairman. This amendment is 

very straightforward. 

We have had even in earlier discussions in this meeting today 

the problem with the issue of extradition of criminals that have 

committed murder or other heinous crimes in the United States 

that have escaped to our neighbors in Mexico, and the lack of cooperation on extradition has presented a tremendous problem for 

law enforcement and justice in this country. 

In fact, just last year someone handed me a letter that some of 

us had sent to President Bush. In fact, this letter was making an 

appeal to the President to work with Mexico on this issue of extradition and the problems that we face every day with issues like 

David March, the L.A. County Sheriff who was killed execution 

style at a normal traffic stop a little over a year ago by a suspect 

and a Mexican national, by the name of Armando Garcia. In fact, 

this letter was signed by several Members on this Committee and 

my friend, Grace Napolitano, Diane Watson, myself and others. It 

was dated June 27, 2002. 

I would just ask that Mr. Ballenger’s substitute be amended by 

incorporating the following statement: That as a part of any migration agreement between the United States and Mexico, the issue of 

extradition of violent criminals and law enforcement cooperation 

between the two nations be addressed. 

Mr. ROHRABACHER. Would the gentleman yield to me for one moment? 

Mr. GALLEGLY. I would yield to the gentleman from California. 

Mr. ROHRABACHER. To let you know how important this issue is, 

this is not just something that we are doing here to play some sort 

of mental chess game over the issue of illegal immigration or legal 

immigration or migration or however you want to talk about it. 


86991b.eps
472

People are dying. People are being killed. There are 60 murderers in Mexico right now, people who have murdered people in 

southern California, and they are in Mexico now. We know where 

they are, and the Mexican Government will not extradite them. 

I am right now involved in writing legislation that will prohibit 

any Export/Import Bank loans to be given to any project that will 

be built in a country that does not extradite murderers or capital 

offenders back to the United States. 

What Mr. Gallegly is trying to do is vital and necessary, and we 

need to address this issue. People are being killed in our country. 

Mr. GALLEGLY. I thank the gentleman. Would the gentleman 

yield? 

Reclaiming my time, I would yield to the gentleman from North 

Carolina, Mr. Ballenger. 

Mr. BALLENGER. I think the gentleman from California’s amendment makes great sense, and I without objection would like to 

make it a part of my amendment. 

Mr. MENENDEZ. Reserving the right to object. 

Chairman HYDE. The gentleman reserves the right to object. 

Mr. MENENDEZ. Speaking on my reservation, and I will withdraw 

my reservation, but I want to speak on it for a moment. 

Chairman HYDE. The gentleman is recognized. 

Mr. MENENDEZ. Thank you, Mr. Chairman. 

Mr. Chairman, the last two speakers have given us the perfect 

example of why entering into a migration agreement and negotiation would bring up many issues, including legitimate issues that 

are part of a migration agreement—not a trade agreement, but a 

migration agreement—including the desire to extradite fugitives 

from the United States, and so all the more reason why the underlying amendment that I have offered, which is to move beyond the 

rhetoric and move to action, as has been stated in these communiques, is desirable. 

However, while this particular amendment, Mr. Gallegly’s 

amendment, is a perfect example why we want to enter into a migration agreement, the underlying amendment of Mr. Ballenger’s is 

not. Mr. Ballenger’s amendment clearly goes ahead and guts the 

purpose of my amendment. 

First of all, there is nothing in my amendment that speaks to 

any form of amnesty, and that is a red herring. There is no amnesty mentioned whatsoever. 

Mr. BALLENGER. Would the gentleman yield? 

Mr. MENENDEZ. No. When I am finished, I would be happy to 

yield to the gentleman. 

There is no amnesty mentioned whatsoever, and I do not know 

what the references to Iraq or any other place were. If one reads 

the amendment, it simply says let us conclude a negotiation as expeditiously as possible with the interest of both countries observed, 

and let us submit legislation to Congress to implement that agreement. That is all it says. Nothing about a blanket amnesty. That 

is a red herring. That is for those who are xenophobic. 

Also, this is the Haliburton amendment because what are we 

going to do? We are going to get into Mexico’s petroleum industry 

when in fact this is about a migration agreement. This is about a 

migration agreement. Now you want to get into Mexico’s petroVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00478 Fmt 6601 Sfmt 6601 F:\WORK\FULL\M050703\86991.001 HINTREL1 PsN: SHIRL
473

leum, which may be a legitimate negotiation in commercial enterprise or in a trade enterprise, but I am not worried about the Vice 

President’s former company getting engaged in the Mexican petroleum industry or other Texas companies that may be friendly with 

the President getting involved with Mexico. 

This is about U.S.-Mexico relationships. This is about millions of 

people in this country. This is about this President, who has said 

time and time again——

Mr. BALLENGER. Would the gentleman yield? 

Mr. MENENDEZ [continuing]. The great contributions of MexicanAmericans to this country. That is what this amendment is about. 

Lastly, the gentleman guts my amendment, including extraneous 

issues, which I think may even be objectionable under the rules, by 

saying that we will commence it as soon as is practicable when this 

has been going on for 2 years. We say we should submit to Congress as soon as practicable legislation. 

So this basically tells the Mexican Government and Mexican 

Americans in this country who seek family reunification. We really 

do not care, do not want you, do not want to be engaged with you. 

By the way, while we do not want you and do not want to be engaged with you, we are concerned about our American companies 

getting engaged in your petroleum industry, and for that we certainly are willing to go ahead and consider the amendment. 

The underlying amendment clearly should be defeated. I have no 

problem with Mr. Gallegly’s amendment. It only goes to prove that 

we need a migration accord. 

Mr. BALLENGER. The gentleman I guess yields in the fact that 

you can read in your amendment regardless of status I think two 

or three times in there, and I think that is a general amnesty, unless I am mistaken. 

Mr. MENENDEZ. No. That is the nature. The gentleman would 

have to read that as that is the nature of coming to an agreement 

as to what people may be in the process of an adjusted status. People may be in the process of having some worker permit. That is 

not about a general amnesty. 

Now, if we want to be xenophobic, if we want to appeal to xenophobia, then we certainly can refer to this as general amnesty. 

Mr. ROHRABACHER. Would the gentleman yield? Would the gentleman yield for a question? 

Mr. MENENDEZ. There is no word in this amendment that talks 

about general amnesty. This is about U.S. foreign relations with 

the Government of Mexico and engaging in what the President—

our President—has said is in fact a primary interest. 

I would be happy to yield to my colleague. 

Mr. ROHRABACHER. We obviously have a disagreement with you 

what that means. Many I think could read that as being a general 

amnesty. 

Several times during your statement you referred to MexicanAmericans, that we were going to negotiate about Mexican-Americans. Are you not insulting people by equating Americans of Mexican descent with illegal immigrants, people who are——

Mr. MENENDEZ. Reclaiming my time, I am referring to the desires of Mexican-Americans to have family reunification and the deVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00479 Fmt 6601 Sfmt 6601 F:\WORK\FULL\M050703\86991.001 HINTREL1 PsN: SHIRL
474

sire of Mexican-Americans to see people treated with dignity who 

are picking the fruits and the food that sits on your table. 

Lastly, the findings that I referred to that you are saying are 

about amnesty are findings from the Bush Administration’s statements that were issued publicly. Maybe your issue is with the Administration, not with me, because ultimately those statements 

come directly quoted from the Administration. 

Mr. TANCREDO. Mr Chairman? 

Chairman HYDE. The gentleman’s time has expired. 

Mr. TANCREDO. Mr. Chairman? 

Chairman HYDE. Just a moment. Let us focus on the Gallegly 

amendment, which I believe the gentleman from New Jersey 

agreed——

Mr. MENENDEZ. I withdraw my reservation on that. 

Chairman HYDE [continuing]. Could be made a part of the 

Ballenger substitute. 

Do I state the state of play properly? 

Mr. MENENDEZ. Correct, Mr. Chairman. I withdraw my reservation that I had on the Gallegly amendment. 

Chairman HYDE. All right. Without objection, the Gallegly 

amendment is adopted——

Mr. TANCREDO. Mr. Chairman? 

Chairman HYDE [continuing]. To the Ballenger substitute. 

Now we are reduced to the Ballenger substitute——

Mr. TANCREDO. Mr. Chairman? 

Chairman HYDE [continuing]. For Menendez. 

Who seeks recognition? 

Mr. TANCREDO. Mr. Tancredo. 

Chairman HYDE. Mr. Tancredo? 

Mr. TANCREDO. Thank you, Mr. Chairman. Interestingly, in the 

discussion we had in this body a short time ago with regard to my 

amendment, it resolves continually around the issue of immigration, even though, of course, there was nothing in my amendment 

that had anything to do with immigration. 

There were continual complaints from the other side that my 

amendment dealing with immigration, although it did not, should 

not be brought up because, of course, this is not the proper place 

for it. Well, of course, that is exactly what the Menendez amendment deals with. It is immigration. 

Whether you call it a migration accord or not, this is not an issue 

with which the State Department is necessarily involved. Certainly 

it is not an issue with which this Committee should be involved. 

This is an immigration issue and should be properly debated and 

discussed in the Judiciary Committee. 

Some of the statements in regard to that, by the way, in terms 

of what kind of a migration accord should be developed, one that 

‘‘ensures safe, orderly, dignified . . .’’ Well, you know there is presently a safe, orderly and dignified way to come into the United 

States of America. We do not need a migration accord to establish 

it. There is a process. 

You come into the United States of America legally one of two 

ways. You either come in as a visitor, or you come in the process 

of trying to become a citizen. That is it. There is a way to do that. 

We have had it for a long, long time. We have that relationship 

475

with Mexico. No other kind of migration accord is really necessary 

in order to achieve the goal of safe, orderly and dignified. 

In fact, the problem, as we all know here, is the people who 

choose to disregard the safe, orderly and dignified process for coming into the United States that we are trying to deal with. It is 

those people who decide to come into the United States illegally, 

and whether or not for whatever purpose that they are engaged to 

pick crops and build and all the rest of the things that we know 

that they do, it is totally irrelevant to the fact that they enter the 

country illegally. It is against the law. 

That is the only thing to which this whole thing is directed; some 

way to change that, some way to pretend that that is not the case 

and that all the people who have come here illegally should be 

treated differently, treated with respect and all the rest. 

I certainly believe every human being in the United States of 

America, everywhere, deserves to be treated with respect and certain basic freedoms need to be guaranteed, but the reality is when 

you come into the United States illegally there are things that you 

should not be able to achieve or attain. 

If we simply wish to, why do we not go ahead and add something 

to this amendment that says let us actually do what we really and 

truly are trying to get at through things like this amendment and 

move to the elimination of borders, open borders, remove ports of 

entry, forget about the process entirely? That would even be better 

actually because it is a much more truthful way of trying to get to 

the same place here. 

If you could point to something wrong with the present immigration laws in the United States, something that says, you know, we 

are not allowing enough people to come in from Mexico, we should 

expand the number of people coming into the country from Mexico, 

fine. Let us debate that. You see, you keep suggesting that there 

is something happening here different with Mexico than any other 

country. 

Mr. ROHRABACHER. Would the gentleman yield? 

Mr. TANCREDO. I will yield in just a second. 

At the end of the day, what we are really talking about here is 

in fact an amnesty proposal. If you wanted to clarify your statement instead of saying regardless of their status, you could do so 

by saying regardless of their status as a person seeking permanent 

status in the United States but here legally, but you do not. You 

say regardless of their status because what we are really talking 

about here are undocumented people in this country, illegal aliens. 

I yield to the gentleman from California. 

Mr. ROHRABACHER. Mr. Tancredo makes some very good points, 

and the fact that what we hear, the rhetoric that we hear from the 

other side of the aisle talking about this as migration as if there 

is some sort of natural flow of things that are happening here. No. 

What we have here is a problem with illegal immigration, and after 

listening to what has been presented us today, I do not want to 

have a negotiation with the Government of Mexico as to whether 

or not we are going to enforce our immigration laws or what our 

immigration laws should be. 

I do not want to negotiate with Mexico as to whether illegal immigrants from Mexico in the United States should be entitled to 

476

Social Security or not. I do not want those type of discussions to 

take place because what we need to do instead is to draw a line 

and to make sure that we are enforcing our laws. This is not to be 

done in a compromise back and forth with the Government of Mexico. 

Thank you very much. Mr. Tancredo, you can have the balance 

of the time. 

Mr. TANCREDO. I will reclaim my time. 

Chairman HYDE. The gentleman’s time has expired. 

Mr. BERMAN. Mr. Chairman? 

Chairman HYDE. Mr. Berman? 

Mr. BERMAN. The phrase in this amendment that apparently 

draws such ire is the notion that we would respect the human dignity of all migrants regardless of their status. Is the other side 

surely taking issue with those words? You can try and read and 

construe anything you want into it, but the words are clear. Respecting human dignity of all migrants. 

Maybe that is an agreement that when people who have an unauthorized presence in the United States are rounded up, they are 

not housed 50 people to a little room with inadequate services. 

Maybe it involves other aspects of human dignity. Your reaction to 

it is so defensive that it is quite stunning. 

Now to the notion of safe, orderly, legal and dignified. I have 

been in this place for 20 years. Only 8 of those years have the evil 

Democrats held the White House. In the other 12 years, under the 

system that Mr. Tancredo praises as safe, orderly, legal and dignified, we have 8,000,000 to 11,000,000 unauthorized workers holding up a number of different industries in this country without any 

legal status subject to exploitation here, correctly put, in violation 

of the laws. 

The system of migration to this country is not safe, orderly, legal 

and dignified. 

Mr. TANCREDO. Would the gentleman yield to answer a question? 

Mr. BERMAN. I would be happy to after I make my point. 

You can rail all you want about what to do. We can put and we 

have been putting more and more money into meaningful border 

enforcement, but let me tell you an agreement with Mexico that 

recognizes that illegal immigration undermines both issues of sovereignty and very specific interests whereby Mexico plays a greater 

role in helping to police the border from their side of the border. 

It is an agreement with Mexico which involves them deploying 

some resources to help us deter that kind of migration. It is also 

an agreement with Mexico which says that there are certain seasonal industries in this country where temporary workers from outside of the United States can fill a market that otherwise is only 

going to be filled by undocumented workers and provides adequate 

protections and housing and decent wages so it does not just become a vehicle to fill American jobs in order to get cheap labor, 

those things are in America’s interest. 

Why you are getting so obsessed with the notion of a situation 

being made worse when you all acknowledge how terrible it is right 

now. All Mr. Menendez is doing is recognizing what George Bush 

recognized from the beginning of this Administration. This system 

is broken. We have to try and find a realistic, practical way workVerDate Mar 21 2002 11:12 Aug 28, 2003 Jkt 086991 PO 00000 Frm 00482 Fmt 6601 Sfmt 6601 F:\WORK\FULL\M050703\86991.001 HINTREL1 PsN: SHIRL
477

ing with our neighbor to the south to meet interests of both countries economically and politically to solve this problem. 

You guys are reacting like all of a sudden this is coming out of 

some whacko field in a situation where you all know the present 

situation is just intolerable for all kinds of reasons—law enforcement exploitation of human beings, unauthorized workers without 

real Social Security numbers. It is a disgusting and corrupt system. 

Let us try to rationalize it. 

Mr. TANCREDO. Will the gentleman yield for a question? 

Mr. BERMAN. Sure. 

Mr. TANCREDO. Can the gentleman identify a single person who 

has come into this country from Mexico or anywhere else for that 

matter through a legal process, applied for a visa from any other 

country where that is required, come across to Mexico through a 

port of entry, did it in the way in which it is prescribed? 

Can the gentleman identify a single person who has been 

harmed in that process, a single person that has been killed, died 

in the desert? Have any of the things happened that you suggest 

occurred in the present process? 

The gentleman is absolutely correct. I agree certainly that there 

is something wrong. One of the things that is wrong is the fact that 

we choose not to enforce our immigration laws and secure our borders, but suggesting that there is something inherent in the migration process that would cause someone to have their human dignity 

and human rights abused is inaccurate. If you come here legally, 

you will not face any of those horrible consequences. 

Mr. BERMAN. Reclaiming my time, I accept the gentleman’s 

premise and believe he has made my point. In a system which has 

a rational, sensible and generous legal immigration system, as ours 

does, and I recognize it is the most generous in the world, the fact 

that——

Chairman HYDE. The gentleman’s time has long since expired. 

Mr. BERMAN. I ask unanimous consent for one additional minute 

just to finish up here. 

Chairman HYDE. I would terribly like to finish this bill. The gentleman has one additional minute. 

Mr. BERMAN. In a system which has laws, what do you mean we 

are not trying? We are putting billions of dollars every year into 

border patrols and airport checks and doing everything we can to 

try and stop and deter illegal entry. In that situation and with 

those laws, we have an acknowledged 8,000,000 to 11,000,000 to 

12,000,000 unauthorized workers in this country. This system is 

broken. 

Human dignity? We afford people accused of heinous crimes the 

human dignity——

Chairman HYDE. The gentleman’s time again has expired. 

Mr. BERMAN. The fact that we are not going to deprive people of 

human dignity as a retaliation is a horrendous notion, and I support Mr. Menendez’s opposition to the substitute. 

Mr. DELAHUNT. Mr. Chairman? 

Chairman HYDE. The gentleman is pushing the envelope. 

Mr. DELAHUNT. Mr. Chairman? 

478

Chairman HYDE. I think we have been instructed by everybody 

enough on this amendment. I think we are ready for a vote if you 

do not want to come back tomorrow. 

Mr. DELAHUNT. Mr. Chairman? 

Chairman HYDE. Who is seeking recognition? 

Mr. DELAHUNT. Mr. Delahunt. 

Chairman HYDE. Mr. Delahunt? 

Mr. DELAHUNT. And I promise I will not yield to Mr. Berman. 

You know, this is very simple. I think that what we are about 

here is providing feedback to President Bush. I have full confidence 

that the Administration, in negotiations with Mexico, will have as 

its priorities American national interests. 

The Administration, during the course of hearings in the Senate 

again before Senator Lugar, and I am going to read into the record 

the words of the Assistant Secretary Designate in charge of the 

Western Hemisphere. Unlike Mr. Tancredo, it would appear that 

Congress does have some role to play here, and that also appears 

to be the conclusion of the Administration. They are seeking advice 

and counsel from us. 

In response to a question by Senator Lugar to Secretary Designate Mr. Noriega, and this is Senator Lugar speaking:

‘‘The need to move, it seems to me, on the Mexican-American 

immigration front is imperative for a whole host of reasons.’’

In response, the Secretary Designate indicates:

‘‘Clearly, the Congress has an extraordinary important role to 

play in migration policy.’’

Anything that we would seek to do would have to be in close consultation with you and your colleagues, with those that are directly 

involved in making immigration policy so that we know what the 

market would bear up here, meaning this institution frankly. 

What we want to do is send a message to the President, to the 

Department of State, that Congress does support negotiations by 

the President with the Mexican Government to resolve all of the 

issues that have been alluded here today. 

Mr. MENENDEZ. Would the gentleman yield? 

Mr. DELAHUNT. I yield to Mr. Menendez. 

Mr. MENENDEZ. I thank the gentleman for yielding. I know I 

want to vote on this bill as well, but this is an issue of major importance in this country. 

Two quick points. The reason that this is pertinent is because we 

are talking about bilateral negotiations between two countries, 

about migration agreements, which we do with other people in the 

world. It is because it is also about a binational commission that 

has the Secretary of State represented on it, as well as the Mexican 

Foreign Minister, so it is fitting and appropriate to be in this bill, 

unlike the previous amendment that Mr. Tancredo talked about. 

Now, if you want to reject the President, my colleagues on the 

other side can do so. The language that you rail against is the language that President Bush put in his communique of September 6, 

2001. In that communique it was President Bush who says:

479

‘‘. . . to renew our commitment to forging new and realistic 

approaches to migration to ensure it is safe, orderly, legal and 

dignified.’’

That is President Bush. It is further President Bush who says:

‘‘This includes respecting the human dignity of all migrants.’’

If you have a problem with the President so be it, but that is his 

communique. That is his words. That is what we used in this resolution. 

Lastly, if you in fact go ahead and adopt the Ballenger amendment, you will have gutted the Menendez amendment. You will not 

have made it about the migration accords that this President has 

said he wants to achieve. You will not have made it about regularizing and creating safety along the border. You will have made 

it about oil. 

If that is what this Congress wants to go on record in our relationship with the Mexican Government and the Mexican people 

that what we care about is oil at a time in which various questions 

are being raised in this county about companies associated with 

this Administration, I think that is shameless. 

I urge people to vote against the Ballenger amendment and then 

vote for the Menendez amendment. 

Chairman HYDE. The question occurs——

Mr. PAYNE. Mr. Chairman? Mr. Chairman? 

Chairman HYDE. Mr. Payne is seeking recognition. 

Mr. PAYNE. Thank you. Yes. I would like to echo Mr. Menendez 

in strong support of defeat of the Ballenger amendment and the 

support of the Menendez amendment. 

I think the things that Mr. Menendez has pointed out make a 

lot of sense. Mexican authorities say that there could be controlled 

immigration into the United States. They could put the number at 

2,000,000 to 3,000,000 a year rather than the 5,000,000 or 

6,000,000 that come across simply by having their authorities work 

with our authorities. They know where they are coming. They 

know when they are coming. It could be an orderly process. We 

could have these persons come in and go back when the seasonal 

work is done. There can really be an orderly process. 

On September 6 several years ago, before September 11, the 

President had begun to unfold this plan that the U.S. and Mexico 

would be working together. However, when September 11 came 

and our whole policies changed and anti-immigration and anti-foreigners came into effect, it had the impact. That is the major impact on this whole plan. 

I think that what Mr. Menendez is proposing could work. I think 

that if our authorities really wanted to work with Mexico to contain 

and work in a cooperative manner we could have the 2,000,000 or 

3,000,000 that we know can come in and be absorbed legally to do 

the work that other people will not do. That is the only reason they 

keep coming. 

I would say that to tie in the oil and a state run entity I think 

is just unjust. It is just wrong. I urge the defeat of Ballenger’s 

amendment and the support of the Menendez amendment. 

Chairman HYDE. The question occurs on the Ballenger substitute 

to Menendez. All in favor say aye? 

480

[Chorus of ayes.] 

Chairman HYDE. Opposed, nay? 

{Chorus of noes.] 

Chairman HYDE. The clerk will call the roll. 

Ms. RUSH. Mr. Leach? 

Mr. LEACH. Aye. 

Ms. RUSH. Mr. Leach votes yes. 

Mr. Bereuter? 

Mr. BEREUTER. Aye. 

Ms. RUSH. Mr. Bereuter votes yes. 

Mr. Smith of New Jersey? 

[No response.] 

Ms. RUSH. Mr. Burton? 

[No response.] 

Ms. RUSH. Mr. Gallegly? 

Mr. GALLEGLY. Aye. 

Ms. RUSH. Mr. Gallegly votes yes. 

Ms. Ros-Lehtinen? 

[No response.] 

Ms. RUSH. Mr. Ballenger? 

Mr. BALLENGER. Aye. 

Ms. RUSH. Mr. Ballenger votes yes. 

Mr. Rohrabacher? 

Mr. ROHRABACHER. Aye. 

Ms. RUSH. Mr. Rohrabacher votes yes. 

Mr. Royce? 

Mr. ROYCE. Aye. 

Ms. RUSH. Mr. Royce votes yes. 

Mr. King? 

Mr. KING. No. 

Ms. RUSH. Mr. King votes no. 

Mr. Chabot? 

Mr. CHABOT. Aye. 

Ms. RUSH. Mr. Chabot votes yes. 

Mr. Houghton? 

Mr. HOUGHTON. Yes. 

Ms. RUSH. Mr. Houghton votes yes. 

Mr. McHugh? 

Mr. MCHUGH. Aye. 

Ms. RUSH. Mr. McHugh votes yes. 

Mr. Tancredo? 

Mr. TANCREDO. Yes. 

Ms. RUSH. Mr. Tancredo votes yes. 

Mr. Paul? 

Mr. PAUL. Aye. 

Ms. RUSH. Mr. Paul votes yes. 

Mr. Smith of Michigan? 

Mr. SMITH OF MICHIGAN. Aye. 

Ms. RUSH. Mr. Smith of Michigan votes yes. 

Mr. Pitts? 

Mr. PITTS. Aye. 

Ms. RUSH. Mr. Pitts votes yes. 

Mr. Flake? 

Mr. FLAKE. Aye. 

481

Ms. RUSH. Mr. Flake votes yes. 

Mrs. Davis? 

Mrs. DAVIS. Pass. 

Ms. RUSH. Mrs. Davis passes. 

Mr. Green? 

Mr. GREEN. Yes. 

Ms. RUSH. Mr. Green votes yes. 

Mr. Weller? 

Mr. WELLER. Yes. 

Ms. RUSH. Mr. Weller votes yes. 

Mr. Pence? 

Mr. PENCE. Yes. 

Ms. RUSH. Mr. Pence votes yes. 

Mr. McCotter? 

Mr. MCCOTTER. Yes. 

Ms. RUSH. Mr. McCotter votes yes. 

Mr. Janklow? 

[No response.] 

Ms. RUSH. Ms. Harris? 

Ms. HARRIS. Yes. 

Ms. RUSH. Ms. Harris votes yes. 

Mr. Janklow? 

Mr. JANKLOW. Aye. 

Ms. RUSH. Mr. Janklow votes yes. 

Mr. Lantos? 

Mr. LANTOS. No. 

Ms. RUSH. Mr. Lantos votes no. 

Mr. Berman? 

Mr. BERMAN. No. 

Ms. RUSH. Mr. Berman votes no. 

Mr. Ackerman? 

Mr. ACKERMAN. No. 

Ms. RUSH. Mr. Ackerman votes no. 

Mr. Faleomavaega? 

[No response.] 

Ms. RUSH. Mr. Payne? 

Mr. PAYNE. No. 

Ms. RUSH. Mr. Payne votes no. 

Mr. Menendez? 

Mr. MENENDEZ. No. 

Ms. RUSH. Mr. Menendez votes no. 

Mr. Brown? 

Mr. BROWN. No. 

Ms. RUSH. Mr. Brown votes no. 

Mr. Sherman? 

Mr. SHERMAN. No. 

Ms. RUSH. Mr. Sherman votes no. 

Mr. Wexler? 

Mr. WEXLER. No. 

Ms. RUSH. Mr. Wexler votes no. 

Mr. Engel? 

Mr. ENGEL. No. 

Ms. RUSH. Mr. Engel votes no. 

Mr. Delahunt? 

482

Mr. DELAHUNT. No. 

Ms. RUSH. Mr. Delahunt votes no. 

Mr. Meeks? 

Mr. MEEKS. No. 

Ms. RUSH. Mr. Meeks votes no. 

Ms. Lee? 

Ms. LEE. No. 

Ms. RUSH. Ms. Lee votes no. 

Mr. Crowley? 

[No response.] 

Ms. RUSH. Mr. Hoeffel? 

Mr. HOEFFEL. No. 

Ms. RUSH. Mr. Hoeffel votes no. 

Mr. Blumenauer? 

Mr. BLUMENAUER. No. 

Ms. RUSH. Mr. Blumenauer votes no. 

Ms. Berkley? 

Ms. BERKLEY. No. 

Ms. RUSH. Ms. Berkley votes no. 

Ms. Napolitano? 

Ms. NAPOLITANO. No. 

Ms. RUSH. Ms. Napolitano votes no. 

Mr. Schiff? 

Mr. SCHIFF. No. 

Ms. RUSH. Mr. Schiff votes no. 

Ms. Watson? 

Ms. WATSON. No. 

Ms. RUSH. Ms. Watson votes no. 

Mr. Smith of Washington? 

Mr. SMITH OF WASHINGTON. No. 

Ms. RUSH. Mr. Smith of Washington votes no. 

Ms. McCollum? 

Ms. MCCOLLUM. No. 

Ms. RUSH. Ms. McCollum votes no. 

Mr. Bell? 

Mr. BELL. No. 

Ms. RUSH. Mr. Bell votes no. 

Chairman Hyde? 

Chairman HYDE. Aye. 

Ms. RUSH. Chairman Hyde votes yes. 

Chairman HYDE. Ms. Ros-Lehtinen? 

Ms. ROS-LEHTINEN. Yes. 

Ms. RUSH. Ms. Ros-Lehtinen votes yes. 

Chairman HYDE. Mr. Smith of New Jersey? 

Mr. SMITH OF NEW JERSEY. Yes. 

Ms. RUSH. Mr. Smith of New Jersey votes yes. 

Chairman HYDE. The clerk will report. 

Ms. RUSH. Mrs. Davis? She passed. 

Mrs. DAVIS. Yes. 

Ms. RUSH. Yes? Mrs. Davis votes yes. 

Chairman HYDE. The clerk will report. 

Ms. RUSH. Mr. Chairman, on this vote there are 24 ayes and 22 

noes. 

Chairman HYDE. The amendment is agreed to. 

483

The question occurs on the Menendez amendment as amended. 

All those in favor say aye? 

[Chorus of ayes.] 

Chairman HYDE. Opposed, no? 

[Chorus of noes.] 

Chairman HYDE. The ayes have it, and the amendment is agreed 

to. 

The question occurs on the motion to report the bill, H.R. 1950, 

favorably as amended. All in favor say aye? 

[Chorus of ayes.] 

Chairman HYDE. Opposed, nay? 

Mr. LANTOS. Mr. Chairman? 

Chairman HYDE. The gentleman from California? 

Mr. LANTOS. I request a recorded vote. 

Chairman HYDE. A recorded vote is requested. The clerk will call 

the roll. 

Ms. RUSH. Mr. Leach? 

Mr. LEACH. Aye. 

Ms. RUSH. Mr. Leach votes yes. 

Mr. Bereuter? 

Mr. BEREUTER. Aye. 

Ms. RUSH. Mr. Bereuter votes yes. 

Mr. Smith of New Jersey? 

Mr. SMITH OF NEW JERSEY. Yes. 

Ms. RUSH. Mr. Smith votes yes. 

Mr. Burton? 

[No response.] 

Ms. RUSH. Mr. Gallegly? 

Mr. GALLEGLY. Yes. 

Ms. RUSH. Mr. Gallegly votes yes. 

Ms. Ros-Lehtinen? 

Ms. ROS-LEHTINEN. Yes. 

Ms. RUSH. Ms. Ros-Lehtinen votes yes. 

Mr. Ballenger? 

Mr. BALLENGER. Aye. 

Ms. RUSH. Mr. Ballenger votes yes. 

Mr. Rohrabacher? 

Mr. ROHRABACHER. Yes. 

Ms. RUSH. Mr. Rohrabacher votes yes. 

Mr. Royce? 

Mr. ROYCE. Aye. 

Ms. RUSH. Mr. Royce votes yes. 

Mr. King? 

Mr. KING. Aye. 

Ms. RUSH. Mr. King votes yes. 

Mr. Chabot? 

Mr. CHABOT. Aye. 

Ms. RUSH. Mr. Chabot votes yes. 

Mr. Houghton? 

Mr. HOUGHTON. Yes. 

Ms. RUSH. Mr. Houghton votes yes. 

Mr. McHugh? 

Mr. MCHUGH. Aye. 

Ms. RUSH. Mr. McHugh votes yes. 

484

Mr. Tancredo? 

Mr. TANCREDO. Aye. 

Ms. RUSH. Mr. Tancredo votes yes. 

Mr. Paul? 

Mr. PAUL. No. 

Ms. RUSH. Mr. Paul votes no. 

Mr. Smith of Michigan? 

[No response.] 

Ms. RUSH. Mr. Pitts? 

Mr. PITTS. Aye. 

Ms. RUSH. Mr. Pitts votes yes. 

Mr. Flake? 

Mr. FLAKE. No. 

Ms. RUSH. Mr. Flake votes no. 

Mrs. Davis? 

Mrs. DAVIS. No. 

Ms. RUSH. Mrs. Davis votes no. 

Mr. Green? 

Mr. GREEN. Yes. 

Ms. RUSH. Mr. Green votes yes. 

Mr. Weller? 

Mr. WELLER. Yes. 

Ms. RUSH. Mr. Weller votes yes. 

Mr. Pence? 

Mr. PENCE. Yes. 

Ms. RUSH. Mr. Pence votes yes. 

Mr. McCotter? 

Mr. MCCOTTER. Yes. 

Ms. RUSH. Mr. McCotter votes yes. 

Mr. Janklow? 

Mr. JANKLOW. Yes. 

Ms. RUSH. Mr. Janklow votes yes. 

Ms. Harris? 

[No response.] 

Ms. RUSH. Mr. Lantos? 

Mr. LANTOS. Yes. 

Ms. RUSH. Mr. Lantos votes yes. 

Mr. Berman? 

Mr. BERMAN. Aye. 

Ms. RUSH. Mr. Berman votes aye. 

Mr. Ackerman? 

Mr. ACKERMAN. Aye. 

Ms. RUSH. Mr. Ackerman votes aye. 

Mr. Faleomavaega? 

[No response.] 

Ms. RUSH. Mr. Payne? 

Mr. PAYNE. Yes. 

Ms. RUSH. Mr. Payne votes yes. 

Mr. Menendez? 

Mr. MENENDEZ. Yes. 

Ms. RUSH. Mr. Menendez votes yes. 

Mr. Brown? 

Mr. BROWN. Yes. 

Ms. RUSH. Mr. Brown votes yes. 

485

Mr. Sherman? 

Mr. SHERMAN. Yes. 

Ms. RUSH. Mr. Sherman votes yes. 

Mr. Wexler? 

Mr. WEXLER. Yes. 

Ms. RUSH. Mr. Wexler votes yes. 

Mr. Engel? 

Mr. ENGEL. Yes. 

Ms. RUSH. Mr. Engel votes yes. 

Mr. Delahunt? 

Mr. DELAHUNT. Yes. 

Ms. RUSH. Mr. Delahunt votes yes. 

Mr. Meeks? 

Mr. MEEKS. Yes. 

Ms. RUSH. Mr. Meeks votes yes. 

Ms. Lee? 

Ms. LEE. Aye. 

Ms. RUSH. Ms. Lee votes yes. 

Mr. Crowley? 

Mr. CROWLEY. Aye. 

Ms. RUSH. Mr. Crowley votes yes. 

Mr. Hoeffel? 

Mr. HOEFFEL. Yes. 

Ms. RUSH. Mr. Hoeffel votes yes. 

Mr. Blumenauer? 

Mr. BLUMENAUER. Aye. 

Ms. RUSH. Mr. Blumenauer votes yes. 

Ms. Berkley? 

Ms. BERKLEY. Yes. 

Ms. RUSH. Ms. Berkley votes yes. 

Ms. Napolitano? 

Ms. NAPOLITANO. Yes. 

Ms. RUSH. Ms. Napolitano votes yes. 

Mr. Schiff? 

Mr. SCHIFF. Aye. 

Ms. RUSH. Mr. Schiff votes yes. 

Ms. Watson? 

Ms. WATSON. Yes. 

Ms. RUSH. Ms. Watson votes yes. 

Mr. Smith of Washington? 

Mr. SMITH OF WASHINGTON. Yes. 

Ms. RUSH. Mr. Smith votes yes. 

Ms. McCollum? 

Ms. MCCOLLUM. Aye. 

Ms. RUSH. Ms. McCollum votes yes. 

Mr. Bell? 

Mr. BELL. Yes. 

Ms. RUSH. Mr. Bell votes yes. 

Chairman Hyde? 

Chairman HYDE. Yes. 

Ms. RUSH. Chairman Hyde votes yes. 

Chairman HYDE. The clerk will report. 

Ms. RUSH. Mr. Chairman, on this vote there are 42 yeses, three 

noes. 

486

Chairman HYDE. The bill is adopted. 

The question occurs on the motion. All right. Without objection, 

the Chairman is authorized to move to go to conference pursuant 

to House Rule XXII. 

Without objection, staff is directed to make any technical and 

conforming changes. Without objection, the bill will be reported favorably to the House in the form of a single amendment in the nature of a substitute incorporating the amendments adopted here 

today. 

The Chair thanks the Members for their excellent service. 

Mr. LANTOS. Mr. Chairman? 

Chairman HYDE. The gentleman from California. 

Mr. LANTOS. Mr. Chairman, on behalf of the Democratic Members we want to express our deep appreciation to you for your fairness and leadership on this issue. 

Chairman HYDE. Thank you very much, and the very same to 

you, Mr. Lantos. 

Mr. BEREUTER. Mr. Chairman? 

Chairman HYDE. Yes. 

Mr. BEREUTER. I just wanted to announce that we will proceed 

with the joint Subcommittee hearing in this room just as soon as 

we can clear the room, so I appreciate the cooperation. Thank you 

very much, Mr. Chairman. 

Chairman HYDE. Thank you. 

[Whereupon, at 2:17 p.m. the Committee was adjourned.] 

(487)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE HEARING RECORD

PREPARED STATEMENT OF THE HONORABLE ADAM B. SCHIFF, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF CALIFORNIA

H.R. 1950

Mr. Chairman, I support this bill to reauthorize the State Department. In these 

troubled times, it is more important than ever that that we vigorously support diplomacy, development aid, and humanitarian aid throughout the world. I thank Chairman Hyde and Ranking Member Lantos for their leadership and hard work in 

crafting this important bill. 

One area of particular concern to me is working to ensure that terrorists do not 

have easy access to weapons of mass destruction, particularly nuclear weapons. Alltoo vulnerable supplies of highly-enriched uranium or HEU—suitable for use in nuclear weapons—and fuel and waste from decommissioned reactors throughout Russia and the former Soviet Union pose grave threats to American security. 

I am pleased to have worked with Committee staff to ensure that this bill contains language that directs the State Department to use a significant portion of the 

nonproliferation and disarmament fund (NDF) to reduce stockpiles of dangerous 

highly-enriched uranium (HEU). This action will reduce the direct and very real 

threat posed by stockpiles of HEU, a component of nuclear weapons and the fuel 

for over 100 research reactors worldwide in more than 40 nations, including Russia, 

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 the financial resources to adequately protect this dangerous fuel, 

and there is grave danger that it could fall into the wrong hands. 

The essence of the problem is as follows: HEU is the most likely source material 

for a terrorist or outlaw group seeking a nuclear weapon. Such groups are not likely 

to produce this material on their own, but will instead look to divert HEU from 

some of the many vulnerable stockpiles in numerous facilities around the world. 

Yet, currently, there is no single, coordinated U.S. government initiative working to 

secure and clean-out these international facilities of their HEU stocks. 

The Non-proliferation and Disarmament Fund (NDF), within the U.S. Department 

of State, Bureau of Nonproliferation, is a unique and 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 requirements or opportunities to halt the proliferation of nuclear, biological, and chemical 

weapons, destroy or neutralize existing weapons of mass destruction, their delivery 

systems, and related sensitive materials; and to limit the spread of advanced conventional weapons and their delivery systems. Thus, this fund is an entirely appropriate mechanism for dealing with the issues of HEU clean-out and stockpile reduction. 

Thus, this section of the bill increases total authorized funding for the Nonproliferation and Disarmament Fund (NDF) by $25 million annually, and directs the 

State Department to use that additional funding for the mission of HEU cleanout. 

I am confident that this provision will strengthen the State Department’s ability 

to mitigate a critical weakness in our national security by proactively working to 

reduce the threats posed by stockpiles of nuclear material in the former Soviet 

Union. 

I am also pleased to support Mr. Royce’s amendment, which calls for an expansion 

of Radio Free Asia transmission to North Korea from the current four hours per day 

488

to 24 hours per day. This amendment calls upon the Secretary of State to report 

to Congress on ways to increase the number of radio receivers in North Korea. 

Overall, this bill will provide the State Department with the funding and direction 

that will enable it to effectively promote United States interests abroad, while providing much-needed foreign assistance and humanitarian aid, promoting cultural exchanges, and advancing national security goals.

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