108TH CONGRESS

2D SESSION H. R. 4053

AN ACT

To improve the workings of international organizapurposes. tions and multilateral institutions, and for other

108TH CONGRESS

2D SESSION H. R. 4053

AN ACT

To improve the workings of international organizations and

multilateral institutions, and for other purposes.

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

2 This Act may be cited as the ‘‘United States Inter3 national Leadership Act of 2004’’.

4 TITLE I—UNITED STATES

5 INTERNATIONAL LEADERSHIP

6 SEC. 101. FINDINGS.

7 The Congress makes the following findings:

8 (1) Decisions at many international organiza9 tions and other multilateral institutions, including

10 membership and key positions, remain subject to de11 terminations made by regional groups where demo12 cratic states are often in the minority and where

13 there is intensive cooperation among repressive re14 gimes. As a result, the United States has often been

15 blocked in its attempts to take action in these insti16 tutions to advance its goals and objectives, including

17 at the United Nations Human Rights Commission

18 (where a representative of Libya was elected as

19 chairman and the United States temporarily lost a

20 seat).

21 (2) In order to address these shortcomings, the

22 United States must actively work to improve the

23 workings of international organizations and multilat24 eral institutions, particularly by creating a caucus of

25 democratic countries that will advance United States

26 interests. In the second Ministerial Conference of
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1 the Community of Democracies in Seoul, Korea, on

2 November 10–20, 2002, numerous countries rec3 ommended working together as a democracy caucus

4 in international organizations such as the United

5 Nations and ensuring that international and regional

6 institutions develop and apply democratic standards

7 for member states.

8 SEC. 102. ESTABLISHMENT OF A DEMOCRACY CAUCUS.

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

10 States, acting through the Secretary of State and the rel11 evant United States chiefs of mission, shall seek to estab12 lish a democracy caucus at the United Nations, the United

13 Nations Human Rights Commission, the United Nations

14 Conference on Disarmament, and at other broad-based

15 international organizations.

16 (b) PURPOSES OF THE CAUCUS.—A democracy cau17 cus at an international organization should—

18 (1) forge common positions, including, as ap19 propriate, at the ministerial level, on matters of con20 cern before the organization and work within and

21 across regional lines to promote agreed positions;

22 (2) work to revise an increasingly outmoded

23 system of regional voting and decision making; and

24 (3) set up a rotational leadership scheme to

25 provide member states an opportunity, for a set pe-
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1 riod of time, to serve as the designated president of

2 the caucus, responsible for serving as its voice in

3 each organization.

4 SEC. 103. ANNUAL DIPLOMATIC MISSIONS ON MULTILAT5 ERAL ISSUES.

6 The Secretary of State, acting through the principal

7 officers responsible for advising the Secretary on inter8 national organizations, shall ensure that a high-level dele9 gation from the United States Government, on an annual

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

11 every region in order to promote the United States agenda

12 at key international fora, such as the United Nations Gen13 eral Assembly, United Nations Human Rights Commis14 sion, the United Nations Education, Science, and Cultural

15 Organization, and the International Whaling Commission.

16 SEC. 104. LEADERSHIP AND MEMBERSHIP OF INTER17 NATIONAL ORGANIZATIONS.

18 (a) UNITED STATES POLICY.—The President, acting

19 through the Secretary of State and the relevant United

20 States chiefs of mission, shall use the voice, vote, and in21 fluence of the United States to—

22 (1) where appropriate, reform the criteria for

23 leadership and, in appropriate cases for membership,

24 at all United Nations bodies and at other inter25 national organizations and multilateral institutions
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1 to which the United States is a member so as to ex2 clude nations that violate the principles of the spe3 cific organization;

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

5 other international organizations and multilateral in6 stitutions, of which the United States is a member,

7 that a member state may not stand in nomination

8 or be in rotation for a leadership position in such

9 bodies if the member state is subject to sanctions

10 imposed by the United Nations Security Council;

11 and

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

13 in nomination or be in rotation for a leadership posi14 tion in such organizations, or for membership of the

15 United Nations Security Council, if the member

16 state is subject to a determination under section

17 620A of the Foreign Assistance Act of 1961, section

18 40 of the Arms Export Control Act, or section 6(j)

19 of the Export Administration Act.

20 (b) REPORT TO CONGRESS.—Not later than 15 days

21 after a country subject to a determination under section

22 620A of the Foreign Assistance Act of 1961, section 40

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

24 Export Administration Act of 1979 is selected for a lead25 ership post in an international organization of which the
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1 United States is a member or a membership of the United

2 Nations Security Council, the Secretary of State shall sub3 mit to the appropriate congressional committees a report

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

5 SEC. 105. INCREASED TRAINING IN MULTILATERAL DIPLO6 MACY.

7 (a) TRAINING PROGRAMS.—Section 708 of the For8 eign Service Act of 1980 (22 U.S.C. 4028) is amended

9 by adding after subsection (b) the following new sub10 section:

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

12 ‘‘(1) IN GENERAL.—The Secretary shall estab13 lish a series of training courses for officers of the

14 Service, including appropriate chiefs of mission, on

15 the conduct of diplomacy at international organiza16 tions and other multilateral institutions and at

17 broad-based multilateral negotiations of inter18 national instruments.

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

20 shall ensure that the training described in paragraph

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

22 members of the service. in particular, the Secretary

23 shall ensure that after January 1, 2006—

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

25 on the conduct of diplomacy at international or-
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1 ganizations and other multilateral institutions

2 and at broad-based multilateral negotiations of

3 international instruments as part of their train4 ing upon entry of the Service; and

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

6 chiefs of mission, who are assigned to United

7 States missions representing the United States

8 to international organizations and other multi9 lateral institutions or who are assigned in

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

11 their primary responsibility formulation of pol12 icy towards such organizations and institutions

13 or towards participation in broad-based multi14 lateral negotiations of international instruments

15 receive specialized training in the areas de16 scribed in paragraph (1) prior to beginning of

17 service for such assignment or, if receiving such

18 training at that time is not practical, within the

19 first year of beginning such assignment.’’.

20 (b) TRAINING FOR CIVIL SERVICE EMPLOYEES.—

21 The Secretary shall ensure that employees of the Depart22 ment of State that are members of the civil service and

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

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

25 subtitle) have training described in such section.
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1 (c) CONFORMING AMENDMENTS.—Section 708 of

2 such Act is further amended—

3 (1) In subsection (a) by striking ‘‘(a) The’’ and

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

5 The’’; and

6 (2) In subsection (b) by striking ‘‘(b) The’’ and

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

8 RELIGIOUS PERSECUTION.—The’’.

9 SEC. 106. PROMOTING ASSIGNMENTS TO INTERNATIONAL

10 ORGANIZATIONS.

11 (a) PROMOTIONS.—

12 (1) IN GENERAL.—Section 603(b) of the For13 eign Service Act of 1980 (22 U.S.C. 4003) is

14 amended by striking the period at the end and in15 serting: ‘‘, and shall consider whether the member of

16 the Service has served in a position whose primary

17 responsibility is to formulate policy towards or rep18 resent the United States at an international organi19 zation, a multilateral institution, or a broad-based

20 multilateral negotiation of an international instru21 ment.’’.

22 (2) EFFECTIVE DATE.—The amendment made

23 by paragraph (1) shall take effect January 1, 2011.

24 (b) ESTABLISHMENT OF A MULTILATERAL DIPLO25 MACY CONE IN THE FOREIGN SERVICE.—
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1 (1) FINDINGS.—Congress finds the following:

2 (A) The Department of State maintains a

3 number of United States missions both within

4 the United States and abroad that are dedi5 cated to representing the United States to

6 international organizations and multilateral in7 stitutions, including missions in New York,

8 Brussels, Geneva, Rome, Montreal, Nairobi, Vi9 enna, and Paris, and which are responsible for

10 United States representation to the United Na11 tions Economics, Scientific and Cultural Orga12 nization (UNESCO) and the Organization on

13 Economic Cooperation and Development

14 (OECD).

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

16 Building, the Department maintains a signifi17 cant number of positions in bureaus that are ei18 ther dedicated, or whose primary responsibility

19 is, to represent the United States to such orga20 nizations and institutions or at multilateral ne21 gotiations.

22 (C) Given the large number of positions in

23 the United States and abroad that are dedi24 cated to multilateral diplomacy, the Department

25 of State may be well served in developing per-
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1 sons with specialized skills necessary to become

2 experts in this unique form of diplomacy.

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

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

5 shall submit to the appropriate congressional com6 mittees a report—

7 (A) evaluating whether a new cone should

8 be established for the Foreign Service that con9 centrates on members of the Service that serve

10 at international organizations and multilateral

11 institutions or are primarily responsible for par12 ticipation in broad-based multilateral negotia13 tions of international instruments; and

14 (B) provides alternative mechanisms for

15 achieving the objective of developing a core

16 group of United States diplomats and other

17 government employees who have expertise and

18 broad experience in conducting multilateral di19 plomacy.

20 SEC. 107. IMPLEMENTATION AND ESTABLISHMENT OF OF21 FICE ON MULTILATERAL NEGOTIATIONS.

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

23 State is authorized to establish, within the Bureau of

24 International Organizational Affairs, an Office on Multi25 lateral Negotiations to be headed by a Special Representa-
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1 tive for Multilateral Negotiations (in this section referred

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

3 (b) APPOINTMENT.—The special representative shall

4 be appointed by the President with the advice and consent

5 of the Senate and shall have the rank of Ambassador-at6 Large. At the discretion of the President another official

7 at the Department may serve as the special representative.

8 The President may direct that the special representative

9 report to the Assistant Secretary for International Organi10 zations.

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

12 a staff of foreign service and civil service officers skilled

13 in multilateral diplomacy.

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

15 the following responsibilities:

16 (1) IN GENERAL.—The primary responsibility

17 of the special representative shall be to assist in the

18 organization of, and preparation for, United States

19 participation in multilateral negotiations, including

20 the advocacy efforts undertaken by the Department

21 of State and other United States agencies.

22 (2) ADVISORY ROLE.—The special representa23 tive shall advise the President and the Secretary of

24 State, as appropriate, regarding advocacy at inter25 national organizations and multilateral institutions
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1 and negotiations and, in coordination with the as2 sistant Secretary of State for international organiza3 tional affairs, shall make recommendations

4 regarding—

5 (A) effective strategies (and tactics) to

6 achieve United States policy objectives at multi7 lateral negotiations;

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

9 intervention by the President, the Secretary of

10 State, the Deputy Secretary of State, and other

11 United States officials to secure support from

12 key foreign government officials for the United

13 States position at such organizations, institu14 tions, and negotiations;

15 (C) the composition of United States dele16 gations to multilateral negotiations; and

17 (D) liaison with Congress, international or18 ganizations, nongovernmental organizations,

19 and the private sector on matters affecting mul20 tilateral negotiations.

21 (3) DEMOCRACY CAUCUS.—The special rep22 resentative, in coordination with the Assistant Sec23 retary for International Organizational Affairs, shall

24 ensure the establishment of a democracy caucus.
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1 (4) ANNUAL DIPLOMATIC MISSIONS OF MULTI2 LATERAL ISSUES.—The special representative, in co3 ordination with the Assistant Secretary for Inter4 national Organizational Affairs, shall organize an5 nual diplomatic missions to appropriate foreign

6 countries to conduct consultations between principal

7 officers responsible for advising the Secretary of

8 State on international organizations and high-level

9 representatives of the governments of such foreign

10 countries to promote the United States agenda at

11 the United Nations General Assembly and other key

12 international fora (such as the United Nations

13 Human Rights Commission).

14 (5) LEADERSHIP AND MEMBERSHIP OF INTER15 NATIONAL ORGANIZATIONS.—The special representa16 tive, in coordination with the Assistant Secretary of

17 International Organizational Affairs, shall direct the

18 efforts of the United States Government to reform

19 the criteria for leadership and membership of inter20 national organizations as described in section 104.

21 (6) PARTICIPATION IN MULTILATERAL NEGO22 TIATIONS.—The special representative, or members

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

24 by the President or the Secretary of State, serve on
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1 a United States delegation to any multilateral nego2 tiation.

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

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

5 submit a plan to establish a democracy caucus to the ap6 propriate congressional committees. The report required

7 by section 106(b)(2) may be submitted together with the

8 report under this subsection.

9 SEC. 108. DEFINITION.

10 In this title, the term ‘‘appropriate congressional

11 committees’’ means the Committee on International Rela12 tions of the House of Representatives and the Committee

13 on Foreign Relations of the Senate.

14 TITLE II—MISCELLANEOUS

15 PROVISIONS

16 SEC. 201. REPORTS RELATING TO MAGEN DAVID ADOM SO17 CIETY.

18 (a) FINDINGS.—Section 690(a) of the Foreign Rela19 tions Authorization Act, Fiscal Year 2003 (Public Law

20 107–228) is amended by adding at the end the following:

21 ‘‘(5) Since the founding of the Magen David

22 Adom in 1930, the American Red Cross has re23 garded it as a sister national society forging close

24 working ties between the two societies and has con25 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 United States International Lead-
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1 ership Act of 2004, and annually thereafter, the Secretary

2 of State shall submit a report, on a classified basis if nec3 essary, to the appropriate congressional committees

4 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. 202. VOLUNTARY CONTRIBUTION TO ORGANIZATION

20 OF AMERICAN STATES.

21 There are authorized to be appropriated $2,000,000

22 for a United States voluntary contribution to the Organi23 zation of American States for the Inter-American Com24 mittee Against Terrorism (CICTE) to identify and develop

25 a port in the Latin American and Caribbean region into
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1 a model of best security practices and appropriate tech2 nologies for improving port security in the Western Hemi3 sphere. Amounts authorized to be appropriated under this

4 section are authorized to remain available until expended

5 and are in addition to amounts otherwise available to

6 carry out section 301 of the Foreign Assistance Act of

7 1961 (22 U.S.C. 2221).

8 SEC. 203. COMBATTING THE PIRACY OF UNITED STATES

9 COPYRIGHTED MATERIALS.

10 (a) AUTHORIZATION OF APPROPRIATIONS.—In addi11 tion to such amounts as may otherwise be authorized to

12 be appropriated for such purpose, there are authorized to

13 be appropriated for the Department of State, $10,000,000

14 to carry out the following activities in countries that are

15 not members of the Organization for Economic Coopera16 tion and Development (OECD):

17 (1) Provision of equipment and training for for18 eign law enforcement, including in the interpretation

19 of intellectual property laws.

20 (2) Training for judges and prosecutors, includ21 ing in the interpretation of intellectual property

22 laws.

23 (3) Assistance in complying with obligations

24 under appropriate international copyright and intel25 lectual property treaties and agreements.
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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.

Passed the House of Representatives June 23, 2004.

Attest:

Clerk.