tion by the United State of the payment of its full con-
tribution to certain international organizations at the be-
ginning of each calendar year). 
TITLE 
V—UNITED 
STATES 
INTERNATIONAL 
BROAD-
CASTING ACTIVITIES 
Subtitle A—Basic Authorities and 
Activities
SEC. 501. MIDEAST RADIO AND TELEVISION NETWORK, INC. 
(a) The United States International Broadcasting 
Act of 1994 (22 U.S.C. 6201 et seq.) is amended by add-
ing after section 309 the following new section: 
‘‘SEC. 310. MIDEAST RADIO AND TELEVISION NETWORK, 
INC. 
‘‘(a) AUTHORITY.—Grants authorized under section 
305 shall be available to make annual grants to Mideast 
Radio and Television Network, Inc. (hereinafter in this 
title also referred to as ‘Mideast Network’) for the purpose 
of carrying out radio and television broadcasting to the 
Middle East region. 
‘‘(b) FUNCTION.—Mideast Network shall provide 
radio and television programming to the Middle East re-
gion consistent with the broadcasting standards and 
broadcasting principles set forth in section 303 of this Act.
‘‘(c) GRANT AGREEMENT.—Any grant agreement or 
grants under this section shall be subject to the following 
limitations and restrictions: 
‘‘(1) The Board may not make any grant to the 
nonprofit corporation, Mideast Network unless its 
certificate of incorporation provides that—
‘‘(A) the Board of Directors of Mideast 
Radio and Television Network, Inc. (hereinafter 
referred to as ‘the Board’) shall consist of the 
members of the Broadcasting Board of Gov-
ernors established under section 304 and of no 
other members; and 
‘‘(B) the Board shall make all major policy 
determinations governing the operation of Mid-
east Network and shall appoint and fix the 
compensation of such managerial officers and 
employees of Mideast Network as it considers 
necessary to carry out the purposes of the grant 
provided under this title, except that no officer 
or employee may be paid a salary or other com-
pensation in excess of the rate of pay payable 
for Level IV of the Executive Schedule under 
section 5315 of title 5, United States Code. 
‘‘(2) Any grant agreement under this section 
shall require that any contract entered into by Mid-
east Network shall specify that obligations are as-
sumed by Mideast Network and not the United 
States Government. 
‘‘(3) Any grant agreement shall require that 
any lease agreement entered into by Mideast Net-
work shall be, to the maximum extent possible, as-
signable to the United States Government. 
‘‘(4) Grants awarded under this section shall be 
made pursuant to a grant agreement which requires 
that grant funds be used only for activities con-
sistent with this section, and that failure to comply 
with such requirements shall permit the grant to be 
terminated without fiscal obligation to the United 
States. 
‘‘(5) Duplication of language services and tech-
nical operations between the Mideast Radio and Tel-
evision Network, Inc., (including Radio Sawa), RFE/
RL, and the International Broadcasting Bureau will 
be reduced to the extent appropriate, as determined 
by the Board. 
‘‘(d) NOT
A FEDERAL AGENCY
OR INSTRUMEN-
TALITY.—Nothing in this title may be construed to estab-
lish Mideast Network as a Federal agency or instrumen-
tality, nor shall the officers or employees of Mideast Net-
work be considered to be officers or employees of the 
United States Government. 
‘‘(e) AUDIT AUTHORITY.—
‘‘(1) Such financial transactions of Mideast 
Network, as relate to functions carried out under 
this section may be audited by the General Account-
ing Office in accordance with such principles and 
procedures and under such rules and regulations as 
may be prescribed by the Comptroller General of the 
United States. Any such audit shall be conducted at 
the place or places where accounts of Mideast Net-
work are normally kept. 
‘‘(2) Representatives of the General Accounting 
Office shall have access to all books, accounts, 
records, reports, files, papers, and property belong-
ing to or in use by Mideast Network pertaining to 
such financial transactions as necessary to facilitate 
an audit. Such representatives shall be afforded full 
facilities for verifying transactions with any assets 
held by depositories, fiscal agents, and custodians. 
All such books, accounts, records, reports, files, pa-
pers, and property of Mideast Network shall remain 
in the custody of Mideast Network. 
‘‘(3) Notwithstanding any other provisions of 
law, the Inspector General of the Department of
State is authorized to exercise the authorities of the 
Inspector General Act with respect to the Mideast 
Network.’’. 
(b) CONFORMING AMENDMENTS.—
(1) Section 305 of the United States Inter-
national Broadcasting Act of 1994 (22 U.S.C. 6204) 
is amended—
(A) in subsection (a)(5) by striking ‘‘308 
and 309’’ and inserting ‘‘308, 309, and 310’’; 
(B) in subsection (a)(6) by striking ‘‘308 
and 309’’ and inserting ‘‘308, 309, and 310’’; 
and 
(C) in subsection (c) by striking ‘‘308 and 
309’’ and inserting ‘‘308, 309, and 310’’. 
(2) Section 307 of the United States Inter-
national Broadcasting Act of 1994 (22 U.S.C. 6206) 
is amended—
(A) in subsection (a) by striking ‘‘308 and 
309’’ and inserting ‘‘308, 309, and 310’’; and 
(B) in subsection (c) by adding ‘‘Mideast 
Radio and Television Network, Inc.,’’ after 
‘‘Asia’’. 
(3) Section 304(g) of the United States Inter-
national Broadcasting Act of 1994 (22 U.S.C. 
6203(g)) is amended by striking ‘‘and Radio Free
Asia’’ and inserting ‘‘, Radio Free Asia, and Mideast 
Radio and Television Network, Inc.’’. 
(4) Section 8332(b)(11) of title 5, United 
States Code, is amended by adding ‘‘Mideast Radio 
and Television Network, Inc.;’’ after ‘‘the Asia 
Foundation;’’. 
SEC. 502. IMPROVING SIGNAL DELIVERY TO CUBA. 
Section 3 of the Radio Broadcasting to Cuba Act (22 
U.S.C. 1465a) is amended—
(1) in subsection (c) by striking the second sen-
tence and inserting ‘‘The Board is authorized to si-
multaneously utilize other broadcasting transmission 
facilities, and other frequencies, including the Ampli-
tude Modulation (AM) Band (535 kHz to 1705 
kHz), the Frequency Modulation (FM) Band, and 
the Shortwave (SW) Band.’’; 
(2) in subsection (c) in the third sentence by 
striking ‘‘Provided, That’’ and all that follows before 
the period at the end; 
(3) in subsection (d) by striking the last sen-
tence; 
(4) by amending subsection (e) to read as fol-
lows:
‘‘(e) Any program of United States Government radio 
broadcasts to Cuba authorized by this section shall be des-
ignated ‘Radio Marti program’.’’; and 
(5) in subsection (f) by striking ‘‘Voice of 
America’’.
SEC. 503. REPORT CONCERNING EFFORTS TO COUNTER 
JAMMING OF BROADCASTS OF RADIO MARTI 
AND TV MARTI. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of State shall submit to 
the appropriate congressional committees a report pro-
viding the following information: 
(1) Specific steps taken to increase the capabili-
ties of Radio Marti and TV Marti to ensure that 
broadcasts overcome jamming by the Government of 
Cuba. 
(2) An evaluation and analysis of not less than 
10 alternate methods to counter jamming of radio 
and television broadcasts including the following: 
(A) Methods used to broadcast into Iraq 
involving a C-130. 
(B) Methods previously used to transmit 
into the former Soviet Union and other Soviet 
bloc countries.
(C) Successful methods employed by non-
United States Government entities, such as 
those used by the Falun Gong to overcome Chi-
nese Government jamming and those recently 
used by a Cuban exile group to transmit tele-
vision broadcasts into Cuba. 
Subtitle B—Global Internet 
Freedom 
SEC. 521. SHORT TITLE. 
This subtitle may be cited as the ‘‘Global Internet 
Freedom Act of 2003’’. 
SEC. 522. FINDINGS. 
The Congress makes the following findings: 
(1) Freedom of speech, freedom of the press, 
and freedom of association are fundamental charac-
teristics of a free society. The first amendment to 
the Constitution of the United States guarantees 
that ‘‘Congress shall make no law . . . abridging the 
freedom of speech, or of the press; or the right of 
the people peaceably to assemble.’’ These constitu-
tional provisions guarantee the rights of Americans 
to communicate and associate with one another 
without restriction, including unfettered communica-
tion and association via the Internet. Article 19 of 
the United Nation’s Universal Declaration of
Human Rights explicitly guarantees the freedom to 
‘‘receive and impart information and ideas through 
any media and regardless of frontiers’’. 
(2) All people have the right to communicate 
freely with others, and to have unrestricted access to 
news and information, on the Internet. 
(3) With nearly 10 percent of the world’s popu-
lation now online, and more gaining access each day, 
the Internet stands to become the most powerful en-
gine for democratization and the free exchange of 
ideas ever invented. 
(4) The governments of Burma, Cuba, Laos, 
North Korea, the People’s Republic of China, Saudi 
Arabia, Syria, and Vietnam, among others, are tak-
ing active measures to keep their citizens from freely 
accessing the Internet and obtaining international 
political, religious, and economic news and informa-
tion. 
(5) The Voice of America and Radio Free Asia, 
as well as hundreds of news sources with an Internet 
presence, are routinely being jammed by repressive 
governments. 
(6) Since the 1940s, the United States has de-
ployed anti-jamming technologies to make Voice of 
America and other United States Government spon-
sored broadcasting available to people in nations 
with governments that seek to block news and infor-
mation. 
(7) The United States Government has thus far 
commenced only modest steps to fund and deploy 
technologies to defeat Internet censorship. 
(8) The success of United States policy in sup-
port of freedom of speech, press, and association re-
quires continued efforts to defeat totalitarian and 
authoritarian controls on news and information over 
the Internet. 
SEC. 523. PURPOSES. 
The purposes of this subtitle are—
(1) to adopt an effective and robust global 
Internet freedom policy; 
(2) to establish an office within the Broad-
casting Board of Governors with the sole mission of 
countering Internet jamming and blocking by uti-
lizing available anti-jamming technology; 
(3) to expedite the development and deployment 
of technology to protect Internet freedom around the 
world; and 
(4) to bring to bear the pressure of the free 
world on repressive governments guilty of Internet
censorship and the intimidation and persecution of 
their citizens who use the Internet. 
SEC. 524. DEVELOPMENT AND DEPLOYMENT OF TECH-
NOLOGIES TO DEFEAT INTERNET JAMMING 
AND CENSORSHIP. 
(a) ESTABLISHMENT OF OFFICE OF GLOBAL INTER-
NET FREEDOM.—The Broadcasting Board of Governors 
shall establish an Office of Global Internet Freedom (here-
inafter in this subtitle referred to as the ‘‘Office’’). The 
Office shall develop and implement a comprehensive global 
strategy to combat state-sponsored and state-directed 
Internet jamming and persecution of those who use the 
Internet. 
(b) COOPERATION
OF OTHER FEDERAL DEPART-
MENTS AND AGENCIES.—Each department and agency of 
the United States Government shall cooperate fully with, 
and assist in the implementation of, the strategy developed 
by the Office and shall make such resources and informa-
tion available to the Office as is necessary to the achieve-
ment of the purposes of this subtitle. 
(c) COOPERATION WITH DEPARTMENT OF STATE.—
The Office shall assist the Secretary of State in preparing 
portions of the country reports on human rights practices 
that address Internet accessibility.
(d) REPORT TO CONGRESS.—Nine months after the 
date of the enactment of this Act, the Broadcasting Board 
of Governors shall submit to the Congress a report on the 
status of foreign government interference with Internet 
use and of efforts by the United States to counter such 
interference. The report shall list the countries that pur-
sue policies of Internet censorship, blocking, and other 
abuses; provide information concerning the government 
agencies or quasi-governmental organizations that imple-
ment Internet censorship; and describe with the greatest 
particularity practicable the technological means by which 
such blocking and other abuses are accomplished. In the 
discretion of the Broadcasting Board of Governors, such 
report may be submitted in both a classified and nonclassi-
fied version. One year after the date of submission of such 
report, the Office shall submit a second report. 
(e) LIMITATION ON AUTHORITY.—Nothing in this 
subtitle shall be interpreted to authorize any action by the 
United States to interfere with foreign national censorship 
in furtherance of legitimate law enforcement aims con-
sistent with the Universal Declaration of Human Rights.
Subtitle 
C—Reorganization 
of 
United 
States 
International 
Broadcasting 
SEC. 531. ESTABLISHMENT OF UNITED STATES INTER-
NATIONAL BROADCASTING AGENCY. 
(a) IN GENERAL.—Section 304 of the United States 
International Broadcasting Act of 1994 (22 U.S.C. 6203) 
is amended to read as follows: 
‘‘SEC. 304. ESTABLISHMENT OF UNITED STATES INTER-
NATIONAL BROADCASTING AGENCY. 
‘‘(a) ESTABLISHMENT.—There is established as an 
independent agency in the executive branch the United 
States International Broadcasting Agency (hereinafter in 
this Act referred to as the ‘Agency’). 
‘‘(b) BOARD OF GOVERNORS OF THE AGENCY.—
‘‘(1) HEAD OF AGENCY.—The Agency shall be 
headed by the Board of Governors of the United 
States International Broadcasting Agency (herein-
after in this Act referred to as the ‘Board of Gov-
ernors’). 
‘‘(2) 
AUTHORITIES
AND
FUNCTIONS.—The 
Board of Goverors shall—
‘‘(A) carry out the authorities and func-
tions of the Agency under section 305; and
‘‘(B) be responsible for the exercise of all 
authorities and powers and the discharge of all 
duties and functions of the Agency. 
‘‘(3) COMPOSITION
OF
THE
BOARD
OF
GOV-
ERNORS.—
‘‘(A) The Board of Governors shall consist 
of 9 members, as follows: 
‘‘(i) Eight voting members who shall 
be appointed by the President, by and with 
the advice and consent of the Senate. 
‘‘(ii) The Secretary of State who shall 
also be a voting member. 
‘‘(B) The President shall appoint one 
member (other than the Secretary of State) as 
Chair of the Board of Governors, subject to the 
advice and consent of the Senate. 
‘‘(C) Exclusive of the Secretary of State, 
not more than 4 of the members of the Board 
of Governors appointed by the President shall 
be of the same political party. 
‘‘(4) TERM OF OFFICE.—The term of office of 
each member of the Board of Governors shall be 
three years, except that the Secretary of State shall 
remain a member of the Board of Governors during 
the Secretary’s term of service. The President shall
appoint, by and with the advice and consent of the 
Senate, board members to fill vacancies occurring 
prior to the expiration of a term, in which case the 
members so appointed shall serve for the remainder 
of such term. Any member whose term has expired 
may serve until a successor has been appointed and 
qualified. When there is no Secretary of State, the 
Acting Secretary of State shall serve as a member 
of the board until a Secretary is appointed. 
‘‘(5) SELECTION OF BOARD OF GOVERNORS.—
Members of the Board of Governors appointed by 
the President shall be citizens of the United States 
who are not regular full-time employees of the 
United States Government. Such members shall be 
selected by the President from among Americans 
distinguished in the fields of mass communications, 
print, broadcast media, or foreign affairs. 
‘‘(6) COMPENSATION.—Members of the Board 
of Governors, while attending meetings of the board 
or while engaged in duties relating to such meetings 
or in other activities of the board pursuant to this 
section (including travel time) shall be entitled to re-
ceive compensation equal to the daily equivalent of 
the compensation prescribed for level IV of the Ex-
ecutive Schedule under section 5315 of title 5,
United States Code. While away from their homes or 
regular places of business, members of the board 
may be allowed travel expenses, including per diem 
in lieu of subsistence, as authorized by law for per-
sons in the Government service employed intermit-
tently. The Secretary of State shall not be entitled 
to any compensation under this title, but may be al-
lowed travel expenses as provided under this sub-
section. 
‘‘(7) DECISIONS.—Decisions of the Board of 
Governors shall be made by majority vote, a quorum 
being present. A quorum shall consist of 5 members. 
‘‘(8) IMMUNITY FROM CIVIL LIABILITY.—Not-
withstanding any other provision of law, any and all 
limitations on liability that apply to the members of 
the Board of Governors also shall apply to such 
members when acting in their capacities as members 
of the boards of directors of RFE/RL, Incorporated 
and Radio Free Asia. 
‘‘(c) EXECUTIVE DIRECTOR.—
‘‘(1) APPOINTMENT.—The Board of Governors 
shall appoint an Executive Director of the Agency. 
The Executive Director shall receive basic pay at the 
rate payable for level III of the Executive Schedule 
under section 5314 of title 5, United States Code.
The Director may be removed through a majority 
vote of the Board. 
‘‘(2) FUNCTIONS AND DUTIES.—The Executive 
Director shall have the following functions and du-
ties: 
‘‘(A) To exercise the authorities delegated 
by the Board of Governors pursuant to section 
305(b). 
‘‘(B) To carry out all broadcasting activi-
ties conducted pursuant to this title, the Radio 
Broadcasting to Cuba Act, and the Television 
Broadcasting to Cuba Act. 
‘‘(C) To examine and make recommenda-
tions to the Board of Governors on long-term 
strategies for the future of international broad-
casting, including the use of new technologies. 
‘‘(D) To review engineering activities to 
ensure that all broadcasting elements receive 
the highest quality and cost-effective delivery 
services. 
‘‘(E) To procure supplies, services, and 
other personal property to carry out the func-
tions of the Agency. 
‘‘(F) To obligate and expend, for official 
reception and representation expenses, such
amounts as may be made available through ap-
propriations. 
‘‘(G) To provide for the use of United 
States Government transmitter capacity for 
relay of broadcasting by grantees. 
‘‘(H) To procure temporary and intermit-
tent personal services to the same extent as is 
authorized by section 3109 of title 5, United 
States Code, at rates not to exceed the daily 
equivalent of the rate provided for positions 
classified above grade GS–15 of the General 
Schedule under section 5108 of title 5, United 
States Code. 
‘‘(I) To procure for the Agency, pursuant 
to section 1535 of title 31, United States Code 
goods and services from other departments or 
agencies. 
‘‘(J) To the extent funds are available, to 
lease space and acquire personal property for 
the Agency. 
‘‘(d) INSPECTOR GENERAL AUTHORITIES.—
‘‘(1) IN GENERAL.—The Inspector General of 
the Department of State shall exercise the same au-
thorities with respect to the Agency as the Inspector 
General exercises under the Inspector General Act of
1978 and section 209 of the Foreign Service Act of 
1980 with respect to the Department of State. 
‘‘(2) RESPECT FOR JOURNALISTIC INTEGRITY 
OF BROADCASTERS.—The Inspector General of the 
Department of State and the Foreign Service shall 
respect the journalistic integrity of all the broad-
casters covered by this title and may not evaluate 
the philosophical or political perspectives reflected in 
the content of broadcasts.’’. 
(b) RETENTION OF EXISTING BOARD MEMBERS.—
The members of the Broadcasting Board of Governors ap-
pointed by the President pursuant to section 304 of the 
United States International Broadcasting Act of 1994 on 
the day before the effective date of this title and holding 
office as of that date may serve the remainder of their 
terms of office as members of the Board of Governors es-
tablished under section 304(b) of the United States Inter-
national Broadcasting Act of 1994, as amended by sub-
section (a) of this section, without reappointment, or if 
their term has expired may serve until a successor is ap-
pointed and qualified. 
SEC. 532. AUTHORITIES AND FUNCTIONS OF THE AGENCY. 
Section 305 of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6204) is amended 
to read as follows:
100
‘‘SEC. 305. AUTHORITIES AND FUNCTIONS OF THE AGENCY. 
‘‘(a) The Agency shall have the following authorities 
and functions: 
‘‘(1) To supervise all broadcasting activities 
conducted pursuant to this title, the Radio Broad-
casting to Cuba Act, and the Television Broad-
casting to Cuba Act. 
‘‘(2) To review and evaluate the mission and 
operation of, and to assess the quality, effectiveness, 
and professional integrity of, all such activities with-
in the context of the broad foreign policy objectives 
of the United States and the guiding principles and 
doctrines of the United States, particularly freedom 
and democracy. 
‘‘(3) To develop strategic goals after reviewing 
human rights reporting and other reliable assess-
ments to assist in determining programming and re-
source allocation. 
‘‘(4) To ensure that United States international 
broadcasting is conducted in accordance with the 
standards and principles contained in section 303. 
‘‘(5) To review, evaluate, and determine, at 
least annually, after consultation with the Secretary 
of State, the addition or deletion of language serv-
ices.
101
‘‘(6) To make and supervise grants for broad-
casting and related activities in accordance with sec-
tions 308 and 309. 
‘‘(7) To allocate funds appropriated for inter-
national broadcasting activities among the various 
elements of the Agency and grantees, subject to the 
limitations in sections 308 and 309 and subject to 
reprogramming notification requirements in law for 
the reallocation of funds. 
‘‘(8) To undertake such studies as may be nec-
essary to identify areas in which broadcasting activi-
ties under its authority could be made more efficient 
and economical. 
‘‘(9) To submit to the President and the Con-
gress an annual report which summarizes and evalu-
ates activities under this title, the Radio Broad-
casting to Cuba Act, and the Television Broad-
casting to Cuba Act, placing special emphasis on the 
assessment described in paragraph (2). 
‘‘(10) To make available in the annual report 
required by paragraph (9) information on funds ex-
pended on administrative and managerial services by 
the Agency and by grantees and the steps the Agen-
cy has taken to reduce unnecessary overhead costs 
for each of the broadcasting services.
102
‘‘(11) To utilize the provisions of titles III, IV, 
V, VII, VIII, IX, and X of the United States Infor-
mation and Educational Exchange Act of 1948, and 
section 6 of Reorganization Plan Number 2 of 1977, 
as in effect on the day before the effective date of 
title XIII of the Foreign Affairs Agencies Consolida-
tion Act of 1998, to the extent the Executive Direc-
tor considers necessary in carrying out the provi-
sions and purposes of this title. 
‘‘(12) To utilize the authorities of any other 
statute, reorganization plan, Executive order, regula-
tion, agreement, determination, or other official doc-
ument or proceeding that had been available to the 
Director of the United States Information Agency, 
the Bureau, or the Board before the effective date 
of title XIII of the Foreign Affairs Consolidation Act 
of 1998 for carrying out the broadcasting activities 
covered by this title. 
‘‘(b) DELEGATION OF AUTHORITY.—The Board of 
Governors may delegate to the Executive Director of the 
Agency, or any other officer or employee of the United 
States, the authorities provided in this section, except 
those authorities provided in paragraph (1), (2), (4), (5), 
(6), (7), or (9) of subsection (a).
103
‘‘(c) BROADCASTING BUDGETS.—The Executive Di-
rector and the grantees identified in sections 308 and 309 
shall submit proposed budgets to the Board. The Board 
shall forward its recommendations concerning the pro-
posed budget for the Board and broadcasting activities 
under this title, the Radio Broadcasting to Cuba Act, and 
the Television Broadcasting to Cuba Act to the Office of 
Management and Budget.’’. 
SEC. 533. ROLE OF THE SECRETARY OF STATE. 
Section 306 of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6205) is amended 
to read as follows: 
‘‘SEC. 306. ROLE OF THE SECRETARY OF STATE. 
‘‘To assist the Agency in carrying out its functions, 
the Secretary of State shall provide such information and 
guidance on foreign policy and public diplomacy issues to 
the Agency as the Secretary considers appropriate.’’. 
SEC. 534. ADMINISTRATIVE PROVISIONS. 
The United States International Broadcasting Act of 
1994 is amended by striking section 307 and inserting the 
following new section: 
‘‘SEC. 307. ADMINISTRATIVE PROVISIONS. 
‘‘(a) OFFICERS
AND EMPLOYEES.—The Board of 
Governors may appoint and fix the compensation of such 
officers and employees as may be necessary to carry out
104
the functions of the Agency. Except as otherwise provided 
by law, such officers and employees shall be appointed in 
accordance with the civil service laws and their compensa-
tion shall be fixed in accordance with title 5, United States 
Code. 
‘‘(b) EXPERTS AND CONSULTANTS.—The Board of 
Governors, as may be provided in appropriation Acts, may 
obtain the services of experts and consultants in accord-
ance with section 3109 of title 5, United States Code, and 
may compensate such experts and consultants at rates not 
to exceed the daily rate prescribed for level IV of the Exec-
utive Schedule under section 5315 of title 5, United States 
Code. 
‘‘(c) ACCEPTANCE OF VOLUNTARY SERVICES.—
‘‘(1) IN
GENERAL.—Notwithstanding section 
1342 of title 31, United States Code, the Board of 
Governors may accept, subject to regulations issued 
by the Office of Personnel Management, voluntary 
services if such services—
‘‘(A) are to be uncompensated; and 
‘‘(B) are not used to displace any em-
ployee. 
‘‘(2) TREATMENT.—Any individual who pro-
vides voluntary services under this section shall not 
be considered a Federal employee for any purpose
105
other than for purposes of chapter 81 of title 5, 
United States Code (relating to compensation for in-
jury) and sections 2671 through 2680 of title 28, 
United States Code (relating to tort claims). 
‘‘(d) DELEGATION.—Except as otherwise provided in 
this Act, the Board of Governors may delegate any func-
tion to the Executive Director and such other officers and 
employees of the Agency as the Board of Governors may 
designate, and may authorize such successive redelega-
tions of such functions within the Agency as may be nec-
essary or appropriate. 
‘‘(e) CONTRACTS.—
‘‘(1) IN
GENERAL.—Subject to the Federal 
Property and Administrative Services Act of 1949 
and other applicable Federal law, the Board of Gov-
ernors may make, enter into, and perform such con-
tracts, grants, leases, cooperative agreements, and 
other similar transactions with Federal or other pub-
lic agencies (including State and local governments) 
and private organizations and persons, and to make 
such payments, by way of advance or reimburse-
ment, as the Board of Governors may determine 
necessary or appropriate to carry out functions of 
the Board of Governors or the Agency.
106
‘‘(2) APPROPRIATION AUTHORITY REQUIRED.—
No authority to enter into contracts or to make pay-
ments under this title shall be effective except to 
such extent or in such amounts as are provided in 
advance under appropriation Acts. 
‘‘(f) REGULATIONS.—The Executive Director may 
prescribe such rules and regulations as the Board of Gov-
ernors considers necessary or appropriate to administer 
and manage the functions of the Agency, in accordance 
with chapter 5 of title 5, United States Code. 
‘‘(g) SEAL.—The Executive Director shall cause a 
seal of office to be made for the Agency of such design 
as the Board of Governors shall approve. Judicial notice 
shall be taken of such seal.’’. 
SEC. 535. BROADCASTING BOARD OF GOVERNORS AND 
INTERNATIONAL BROADCASTING BUREAU. 
The Broadcasting Board of Governors and the Inter-
national Broadcasting Bureau are abolished. 
SEC. 536. TRANSITION. 
(a) TRANSFER OF FUNCTIONS.—Except as otherwise 
provided in this subtitle or an amendment made by this 
subtitle, all functions that on the day before the effective 
date specified in section 540 are authorized to be per-
formed by the Broadcasting Board of Governors and the 
International Broadcasting Bureau and any officer, em-
107
ployee, or component of such entities, under any statute, 
reorganization plan, Executive order, or other provision of 
law, are transferred to the Agency established under this 
title effective on that date. 
(b) DETERMINATION OF CERTAIN FUNCTIONS.—If 
necessary, the Office of Management and Budget shall 
make any determination of the functions that are trans-
ferred under this title. 
(c) TRANSITION PROVISIONS.—
(1) EXERCISE
OF
AUTHORITIES.—Except as 
otherwise provided by law, the Board of Governors 
may, for purposes of performing a function that is 
transferred to the Agency by this title, exercise all 
authorities under any other provision of law that 
were available with respect to the performance of 
that function to the official responsible for the per-
formance of that function on the day before the ef-
fective date specified in section 540. 
(2) AUTHORITIES TO WIND UP AFFAIRS.—
(A) The Director of the Office of Manage-
ment and Budget may take such actions as the 
Director of the Office of Management and 
Budget considers necessary to wind up any out-
standing affairs of the Broadcasting Board of 
Governors and the International Broadcasting
108
Bureau associated with the functions that are 
transferred pursuant to subsection (a). 
(B) The Director of the Office of Manage-
ment and Budget may take such actions as the 
Director of the Office of Management and 
Budget considers necessary to wind up any out-
standing affairs of the Broadcasting Board of 
Governors and the International Broadcasting 
Bureau associated with the functions that are 
transferred pursuant to subsection (a). 
(3) TRANSFER
OF
ASSETS.—Any property, 
records, unexpended balances of appropriations, allo-
cations, and other funds employed, used, held, avail-
able, or to be made available in connection with a 
function transferred to the Agency by this Act are 
transferred on the effective date specified in section 
540. 
SEC. 537. CONFORMING AMENDMENTS. 
(a) 
UNITED
STATES
INTERNATIONAL
BROAD-
CASTING ACT OF 1994.—The United States International 
Broadcasting Act of 1994 is amended as follows: 
(1) Section 308 (22 U.S.C. 6207) is amended—
(A) in subsection (a)—
(i) by striking ‘‘The Board’’ and in-
serting ‘‘The Agency’’; and
109
(ii) in paragraph (1) by striking 
‘‘Broadcasting Board of Governors’’ and 
inserting ‘‘Board Governors of the Inter-
national Broadcasting Agency’’; 
(B) in subsection (b)—
(i) by striking paragraph (2); 
(ii) by striking ‘‘(1)’’; and 
(iii) by striking ‘‘Board’’ both places 
it appears and inserting ‘‘Agency’’; 
(C) in subsections (c), (d), (g), (h), and (i) 
by striking ‘‘Board’’ each place it appears and 
inserting ‘‘Agency’’; 
(D) in subsection (g)(4) by striking ‘‘Inter-
national Broadcasting Bureau’’ and inserting 
‘‘Agency’’; and 
(E) in subsections (i) and (j) by striking 
‘‘and the Foreign Service’’ each place it ap-
pears. 
(2) Section 309 (22 U.S.C. 6208) is amended—
(A) in subsection (c)(1) by striking 
‘‘Board’’ both places it appears and inserting 
‘‘Agency’’; 
(B) by striking subsection (e);
110
(C) in subsections (f) and (g) by striking 
‘‘Board’’ each place it appears and inserting 
‘‘Agency’’; and 
(D) in subsection (g) by striking ‘‘Chair-
man of the Board’’ and inserting ‘‘Agency’’. 
(3) By striking section 311 (22 U.S.C. 6210). 
(4) In section 313 (22 U.S.C. 6212) by striking 
‘‘Board’’ and inserting ‘‘Agency’’. 
(5) In section 314 (22 U.S.C. 6213) by striking 
paragraph (2). 
(6) By striking section 315. 
(b) CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY 
(LIBERTAD) ACT OF 1996.—Section 107 of the Cuban 
Liberty and Democratic Solidarity (LIBERTAD) Act of 
1996 (22 U.S.C. 6037) is amended in subsections (a) and 
(b) by striking ‘‘International Broadcasting Bureau’’ each 
place it appears and inserting ‘‘United States Inter-
national Broadcasting Agency’’. 
(c) RADIO BROADCASTING
TO CUBA ACT.—The 
Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.) 
is amended as follows: 
(1) In section 3 (22 U.S.C. 1465a) as follows: 
(A) In the section heading by striking 
‘‘BROADCASTING 
BOARD 
OF 
GOV-
ERNORS’’ and inserting ‘‘UNITED STATES
111
INTERNATIONAL 
BROADCASTING 
AGENCY’’. 
(B) In subsection (a) by striking ‘‘the 
‘Board’)’’ and inserting ‘‘the ‘Agency’)’’. 
(C) In subsections (a), (d), and (f) by 
striking ‘‘Broadcasting Board of Governors’’ 
and inserting ‘‘United States International 
Broadcasting Agency’’. 
(2) In section 4 (22 U.S.C. 1465b) as follows: 
(A) In the first sentence by striking ‘‘The’’ 
and all that follows through ‘‘Bureau’’ and in-
serting: ‘‘The Board of Governors of the United 
States International Broadcasting Agency shall 
establish within the Agency’’. 
(B) In the third sentence by striking 
‘‘Broadcasting Board of Governors’’ and insert-
ing ‘‘Board of Governors of the United States 
International Broadcasting Agency’’. 
(C) In the fourth sentence by striking 
‘‘Board of the International Broadcasting Bu-
reau’’ and inserting ‘‘Board of Governors of the 
United States International Broadcasting Agen-
cy’’. 
(3) In section 5 (22 U.S.C. 1465c) as follows:
112
(A) In subsection (b) by striking ‘‘Broad-
casting Board of Governors’’ and inserting 
‘‘Board of Governors of the United States 
International Broadcasting Agency’’. 
(B) By striking ‘‘Board’’ each place it ap-
pears and inserting ‘‘Advisory Board’’. 
(4) In section 6 (22 U.S.C. 1465d) as follows: 
(A) In subsection (a) by striking ‘‘Broad-
casting Board of Governors’’ and inserting 
‘‘United 
States 
International 
Broadcasting 
Agency’’ and by striking ‘‘Board’’ and inserting 
‘‘Board of Directors of the United States Inter-
national Broadcasting Agency’’. 
(B) In subsection (b) by striking ‘‘Board’’ 
and inserting ‘‘United States International 
Broadcasting Agency’’. 
(5) In section 7 (22 U.S.C. 1465e) by striking 
‘‘Board’’ in subsections (b) and (d) and inserting 
‘‘United States International Broadcasting Agency’’. 
(6) In section 8(a) (22 U.S.C. 1465f(a)), by 
striking ‘‘Broadcasting Board of Governors’’ and in-
serting ‘‘United States International Broadcasting 
Agency’’.
113
(d) TELEVISION BROADCASTING TO CUBA ACT.—
The Television Broadcasting to Cuba Act (22 U.S.C. 
1465aa note) is amended as follows: 
(1) Section 243(a) (22 U.S.C. 1465bb) is 
amended by striking ‘‘Broadcasting Board of Gov-
ernors’’ and inserting ‘‘United States International 
Broadcasting Agency’’. 
(2) Section 244 (22 U.S.C. 1465cc) is amended 
as follows: 
(A) In subsection (a) by amending the 
third sentence to read as follows: ‘‘The Board 
of Governors of the United States International 
Broadcasting Agency shall appoint a head of 
the Service who shall report directly to the 
Board of Governors.’’. 
(B) In subsection (b) by striking ‘‘Board’’ 
and inserting ‘‘United States International 
Broadcasting Agency’’. 
(C) In subsection (c) by striking ‘‘The 
Board’’ and inserting ‘‘The Agency’’ and by 
striking ‘‘Board determines’’ and inserting 
‘‘Board of Governors of the United States 
International 
Broadcasting 
Agency 
deter-
mines’’.
114
(3) In section 246 (22 U.S.C. 1465dd) by strik-
ing ‘‘United States Information Agency’’ and insert-
ing ‘‘United States International Broadcasting 
Agency’’ and by striking ‘‘Board’’ and inserting 
‘‘Board of Governors of the United States Inter-
national Broadcasting Agency’’. 
(e) UNITED
STATES
INFORMATION
AND
EDU-
CATIONAL EXCHANGE ACT OF 1948.—The United States 
Information and Educational Exchange Act of 1948 (22 
U.S.C. 1431 et seq.) is amended—
(1) in section 505 (22 U.S.C. 1464a), by strik-
ing ‘‘Broadcasting Board of Governors’’ each place 
it appears and inserting ‘‘United States Inter-
national Broadcasting Agency’’; and 
(2) in section 506(c) (22 U.S.C. 1464b(c))—
(A) by striking ‘‘Broadcasting Board of 
Governors’’ and inserting ‘‘United States Inter-
national Broadcasting Agency’’; and 
(B) by striking ‘‘Board’’ and inserting 
‘‘Agency’’. 
(f) FOREIGN SERVICE ACT OF 1980.—The Foreign 
Service Act of 1980 (22 U.S.C. 3901 et seq.) is amend-
ed—
(1) 
in 
section 
202(a)(1) 
(22 
U.S.C. 
3922(a)(1)), by striking ‘‘Broadcasting Board of
115
Governors’’ and inserting ‘‘United States Inter-
national Broadcasting Agency’’; 
(2) in section 210 (22 U.S.C. 3930), by striking 
‘‘Broadcasting Board of Governors’’ and inserting 
‘‘United States International Broadcasting Agency’’; 
(3) in section 1003(a) (22 U.S.C. 4103(a)), by 
striking ‘‘Broadcasting Board of Governors’’ and in-
serting ‘‘United States International Broadcasting 
Agency’’; and 
(4) in section 1101(c) (22 U.S.C. 4131(c)), by 
striking ‘‘Broadcasting Board of Governors,’’ and in-
serting ‘‘the United States International Broad-
casting Agency,’’. 
(g) STATE DEPARTMENT BASIC AUTHORITIES ACT 
OF 1956.—The State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2651a et seq.) is amended—
(1) in section 23(a) (22 U.S.C. 2695(a)), by 
striking ‘‘Broadcasting Board of Governors,’’ and in-
serting ‘‘United States International Broadcasting 
Agency,’’; 
(2) in section 25(f) (22 U.S.C. 2697(f))—
(A) by striking ‘‘Broadcasting Board of 
Governors’’ and inserting ‘‘United States Inter-
national Broadcasting Agency’’; and
116
(B) by striking ‘‘the Board and the Agen-
cy’’ and inserting ‘‘their respective agencies’’; 
(3) in section 26(b) (22 U.S.C. 2698(b))—
(A) by striking ‘Broadcasting Board of 
Governors,’’ and inserting ‘‘United States Inter-
national Broadcasting Agency’’; and 
(B) by striking ‘‘the Board and the Agen-
cy’’ and inserting ‘‘their respective agencies’’; 
and 
(4) in section 32 (22 U.S.C. 2704), by striking 
‘‘Broadcasting Board of Governors’’ and inserting 
‘‘United States International Broadcasting Agency’’. 
(h) TITLE 5, UNITED STATES CODE.—
(1) Section 5314 of title 5, United States Code, 
is amended by adding at the end the following: ‘‘Ex-
ecutive Director, United States International Broad-
casting Agency.’’. 
(2) Section 5315 of title 5, United States Code, 
is amended by striking ‘‘Director of the Inter-
national Broadcasting Bureau.’’. 
SEC. 538. REFERENCES. 
Except as otherwise provided in this subtitle or an 
amendment made by this subtitle, any reference in any 
statute, reorganization plan, Executive order, regulation, 
agreement, determination, or other official document or
117
proceeding to the Broadcasting Board of Governors and 
the International Broadcasting Bureau or any other offi-
cer or employee of the Broadcasting Board of Governors 
or the International Broadcasting Bureau shall be deemed 
to refer to the United States International Broadcasting 
Agency or the Board of Governors of the United States 
International Broadcasting Agency established under this 
subtitle. 
SEC. 539. BROADCASTING STANDARDS. 
Section 303(a) of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6202(a)) is amend-
ed—
(1) in paragraph (6) by striking ‘‘and’’; 
(2) in paragraph (8) by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding after paragraph (8) the following 
new paragraph: 
‘‘(9) seek to ensure that resources are allocated 
to broadcasts directed at people whose governments 
deny freedom of expression or who are otherwise in 
special need of honest and professional broadcasting, 
commensurate with the need for such broadcasts.’’. 
SEC. 540. EFFECTIVE DATE. 
Except as otherwise provided, this subtitle and the 
amendments made by this subtitle shall take effect on the
118
last day of the 6-month period beginning on the date of 
the enactment of this Act.
TITLE VI—INTERNATIONAL 
FREE MEDIA ACT OF 2003
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘International Free 
Media Act of 2003’’. 
SEC. 602. DEFINITIONS. 
In this title, the term ‘‘free media’’ means individuals 
or organizations engaged in the gathering and distribution 
of news and information free of direct or indirect govern-
mental control. 
SEC. 603. FINDINGS. 
The Congress makes the following findings: 
(1) Freedom of speech and freedom of the press 
are fundamental human rights enshrined in inter-
national law. 
(2) The United States has a national interest in 
promoting these freedoms by supporting free media 
abroad, which is essential to the development of free 
and democratic societies consistent with our own. 
(3) Free media is undermined, endangered, or 
nonexistent in many repressive and transitional soci-
eties around the world, including in Eurasia, Africa, 
and the Middle East.
119
(4) Free media is suppressed by foreign govern-
ments by a variety of means, including state censor-
ship, legal restriction, financial pressure, and phys-
ical intimidation. 
(5) Unprofessional and unethical media that 
violate widely accepted standards of professional 
journalism and editorial practice compromises the 
ability of a free media to contribute to open, fair, 
and constructive democratic debate. 
(6) Unprofessional and unethical media in-
cludes media that violate the standards set in the 
International Covenant on Civil and Political Rights, 
which includes article 20, section 2 of the Covenant 
which states that ‘‘Any advocacy of national, racial, 
or religious hatred that constitutes incitement to dis-
crimination, hostility, or violence shall be prohibited 
by law.’’. 
(7) Individuals lacking access to a plurality of 
free media are vulnerable to misinformation and 
propaganda and are potentially more likely to adopt 
anti-American views. 
(8) Foreign governments have a responsibility 
to actively and publicly discourage and rebut unpro-
fessional and unethical media while respecting jour-
nalistic integrity and editorial independence.
120
(9) Past and continuing United States Govern-
ment efforts to promote free media through training 
and technical support have advanced United States 
national interests by contributing to the promotion 
of human rights and democracy worldwide. 
(10) Support for free media must be an integral 
part of United States foreign policy, including public 
diplomacy and United States international broad-
casting, and should be coordinated across govern-
ment agencies and with international, bilateral, and 
private donor organizations toward achieving the 
shared goal of developing professional, ethical, diver-
sified, sustainable, independent, indigenous media 
worldwide. 
SEC. 604. STATEMENTS OF POLICY. 
It shall be the policy of the United States, acting 
through the Secretary of State, to—
(1) make the promotion of press freedoms and 
free media worldwide a priority of United States for-
eign policy and an integral component of United 
States public diplomacy; 
(2) respect the journalistic integrity and edi-
torial independence of free media worldwide; and
121
(3) use widely accepted standards for profes-
sional and ethical journalistic and editorial practices 
in assessing international media. 
SEC. 
605. 
COORDINATOR 
FOR 
INTERNATIONAL 
FREE 
MEDIA. 
(a) ESTABLISHMENT.—There is established within 
the Department of State a Coordinator for International 
Free Media (in this section referred to as the ‘‘Coordi-
nator’’). At the discretion of the President another official 
at the Department of State may serve as the Coordinator. 
(b) APPOINTMENT OF COORDINATOR.—The Coordi-
nator shall be appointed by the President, by and with 
the advice and consent of the Senate. 
(c) DUTIES.—The principal duties of the Coordinator 
shall be the promotion of international press freedoms and 
free media by—
(1) coordinating United States government poli-
cies, programs, and projects concerning international 
press freedoms and free media; 
(2) monitoring and assessing the status of free 
media worldwide in consultation with appropriate 
agencies of the United States Government and na-
tional and international organizations;
122
(3) promoting widely accepted standards of pro-
fessional and ethical journalism and editorial prac-
tices; 
(4) discouraging media from advocating na-
tional, racial, or religious hatred that constitutes in-
citement to discrimination, hostility, or violence con-
sistent with article 20, section 2 of the International 
Covenant on Civil and Political Rights; 
(5) promoting the journalistic integrity and edi-
torial independence of free media worldwide; 
(6) advising the President and the Secretary of 
State regarding matters of international press free-
doms and free media; 
(7) representing the United States in matters 
and cases relevant to international press freedoms 
and free media; 
(8) assisting the Secretary of State in preparing 
the portions of the Department of State country re-
ports on human rights that relate to international 
press freedoms and free media; 
(9) consulting with the Broadcasting Board of 
Governors and the United States Agency for Inter-
national Development for the purpose of promoting 
free media through training of international journal-
ists, producers, editors, and media managers; and
123
(10) administering the International Free 
Media Fund (established in section 607) in consulta-
tion with the United States Advisory Commission on 
Public Diplomacy and International Media. 
(d) ASSESSMENT FACTORS.—In making an assess-
ment of media within individual countries pursuant to sub-
section (c)(2), the Coordinator shall take into account—
(1) the number and diversity of media; 
(2) access to and consumption of media by pop-
ulations; 
(3) the extent of direct or indirect government 
ownership, control, or censorship of media outlets; 
(4) the financial viability and profitability of 
free media; 
(5) the extent to which journalists, editors, and 
media managers adhere to widely accepted standards 
for professional and ethical journalism; 
(6) domestic laws addressing press freedoms; 
(7) instances in which the media have incited 
discrimination, hostility, or violence consistent with 
article 20, section 2 of the International Covenant 
on Civil and Political Rights; 
(8) physical threats, intimidation or inappro-
priate pressure by government on free media;
124
(9) the number of journalists, editors, pro-
ducers, and media managers receiving training from 
programs of the Department of State, the Broad-
casting Board of Governors, grantees of the United 
States Agency for International Development, or 
other organizations qualified to provide such train-
ing; and 
(10) the activity of local and international non-
governmental organizations promoting press free-
doms and free media and obstacles to their activity. 
(e) CONSULTATION REQUIREMENT.—The Coordi-
nator shall consult with United States public affairs offi-
cers and other United States foreign mission personnel di-
rectly engaged in interacting with indigenous media in car-
rying out the duties specified in subsection (c). 
(f) FUNDING.—The Secretary of State shall ensure 
that the Coordinator has adequate staff and funding for 
the conduct of investigations, the administration of the 
International Free Media Fund, necessary travel, and oth-
ers activities necessary to carry out the provisions of this 
section.
125
SEC. 606. UNITED STATES ADVISORY COMMISSION ON PUB-
LIC 
DIPLOMACY 
AND 
INTERNATIONAL 
MEDIA. 
(a) ESTABLISHMENT.—Section 604(a)(1) of the 
United States Information and Educational Exchange Act 
of 1948 (22 U.S.C. 1469) is amended to read as follows: 
‘‘(1) There is established an advisory commis-
sion to be known as the United States Advisory 
Commission on Public Diplomacy and International 
Media.’’. 
(b) DUTIES AND RESPONSIBILITIES.—Section 604(c) 
of the United States Information and Exchange Act of 
1948 (22 U.S.C. 1469) is amended by adding at the end 
the following: 
‘‘(5) The Commission shall—
‘‘(A) advise the Coordinator for Inter-
national Free Media on issues relating to the 
promotion of international press freedoms and 
free media; 
‘‘(B) assist the Coordinator for Inter-
national Free Media in monitoring and assess-
ing the status of free media worldwide; 
‘‘(C) consult with the Coordinator on the 
administration of the International Free Media 
Fund; and
126
‘‘(D) make policy recommendations to the 
President, the Secretary of State, and Congress 
with respect to matters involving international 
press freedoms and free media.’’. 
(c) REFERENCES.—Except as otherwise provided in 
this section or an amendment made by this section, any 
reference in any statute, reorganization plan, Executive 
order, regulation, agreement, determination, or other offi-
cial document or proceeding to the United States Advisory 
Commission on Public Diplomacy or any other officer or 
employee of the United States Advisory Commission on 
Public Diplomacy shall be deemed to refer to the United 
States Advisory Commission on Public Diplomacy and 
International Media established under this section. 
SEC. 607. INTERNATIONAL FREE MEDIA FUND. 
(a) ESTABLISHMENT.—There is established an Inter-
national Free Media Fund (in this section referred to as 
the ‘‘Fund’’) at the Department of State. 
(b) PURPOSES.—The purposes of the Fund shall 
be—
(1) to promote the development of free and 
independent media worldwide which adhere to widely 
accepted standards of professional and ethical jour-
nalism and editorial practice; and
127
(2) to complement current efforts by the De-
partment of State, the United States Agency for 
International Development, the Broadcasting Board 
of Governors, and other agencies of the United 
States Government to support free and independent 
media worldwide. 
(c) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts otherwise authorized to be appropriated 
to carry out the purposes specified in subsection (b), there 
is authorized to be appropriated to the Fund $15,000,000 
for fiscal year 2004. Such amounts are authorized to re-
main available until expended. 
(d) NONAPPLICABILITY OF OTHER LAWS.—Notwith-
standing any other provision of law, funds appropriated 
pursuant to subsection (c) may be used for the purposes 
of this section. 
(e) ADMINISTRATION.—
(1) The Fund shall be administered by the Co-
ordinator in consultation with the Commission. 
(2) Activities and assistance financed through 
the Fund may be carried out through grants, con-
tracts, technical assistance, and material support. 
(f) ELIGIBLE
ORGANIZATIONS, PROGRAMS, AND 
PROJECTS.—Amounts in the Fund may be used to carry 
out activities and provide assistance only for organiza-
128
tions, programs, and projects consistent with the purposes 
set forth in subsection (b). 
(g) PROHIBITIONS.—Amounts in the Fund shall not 
be used to carry out activities or provide assistance to or-
ganizations, programs, or projects which advocate na-
tional, racial, or religious hatred that incites discrimina-
tion, hostility, or violence consistent with article 20, sec-
tion 2 of the International Covenant on Civil and Political 
Rights. 
(h) ASSISTANCE CRITERIA.—In administering the 
Fund, the Coordinator shall take into account—
(1) the importance of providing assistance to 
organizations, programs, and projects based on their 
proven or potential contribution to the development 
of a free media environment worldwide; 
(2) the importance of enabling free media to be-
come commercially viable and financially inde-
pendent in the long term; and 
(3) the importance of providing media per-
sonnel whose organizations, programs, or projects 
receive assistance under this section for training in 
professional and ethical journalism, editorial prac-
tices, and media management by the Department of 
State, the Broadcasting Board of Governors, United 
States Agency for International Development grant-
129
ees, or other organizations qualified to provide such 
training. 
(i) ANNUAL REPORTS.—Not later than January 31, 
of 2005 and in each subsequent year, the Coordinator 
shall publish an annual report on the activities of the 
Fund, which shall include a comprehensive and detailed 
description of the operations, activities, financial condi-
tion, and accomplishments under this section for the pre-
ceding fiscal year. The reports shall also include an assess-
ment of whether the Fund should also provide loans and 
guarantees as an additional means to carry out the pur-
poses of this title. 
(j) CONSULTATION REQUIREMENTS.—
(1) The Coordinator shall consult with the 
State Department official primarily responsible for 
developing and implementing United States policy 
with respect to a country prior to carrying out ac-
tivities or providing assistance for such country 
through the Fund. 
(2) Amounts in the Fund shall be used to carry 
out activities or provide assistance on the basis of 
consultations among all relevant United States Gov-
ernment agencies operating in the country and with 
the approval of the chief of mission.
130
SEC. 608. FREE MEDIA PROMOTION ACTIVITY OF THE 
BROADCASTING BOARD OF GOVERNORS. 
(a) IN GENERAL.—The Broadcasting Board of Gov-
ernors shall make support for indigenous free media an 
integral part of its mission. 
(b) AFFILIATES.—The Broadcasting Board of Gov-
ernors shall submit a report to the appropriate congres-
sional committees on the prospects and strategy for culti-
vating affiliate relationships with free media in countries 
targeted for United States international broadcasting. 
(c) TRAINING.—The Broadcasting Board of Gov-
ernors shall enhance foreign journalist training programs 
in coordination with existing training programs adminis-
tered by the Department of State and the United States 
Agency for International Development. 
(d) AUTHORIZATION FOR APPROPRIATIONS.—In ad-
dition to amounts otherwise authorized to be appropriated, 
there is authorized to be appropriated $2,500,000 for the 
fiscal year 2004 and $2,500,000 for the fiscal year 2005 
to support free media in countries in which the Broad-
casting Board of Governors is decreasing or discontinuing 
United States international broadcasting activity.
131
TITLE VII—MISCELLANEOUS 
PROVISIONS 
Subtitle A—Reporting 
Requirements 
SEC. 701. REPORTS ON BENCHMARKS FOR BOSNIA. 
(a) Section 7 of the 1998 Supplemental Appropria-
tions and Rescissions Act (Public Law 105–174, 112 Stat. 
64) is amended—
(1) at the end of paragraph (1) by striking ‘‘; 
and’’ and inserting a period; 
(2) by striking ‘‘Congress’’ and all that follows 
through ‘‘not later’’ and inserting ‘‘Congress not 
later’’; and 
(3) by striking paragraph (2). 
(b) Section 1203 of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105–261) is repealed. 
SEC. 702. REPORTS TO COMMITTEE ON INTERNATIONAL 
RELATIONS. 
Notwithstanding any other provision of law, for the 
fiscal years 2004 and 2005, any report required by law 
or otherwise requested to be submitted by the Secretary 
of State or the Department of State to any committee of 
the Congress shall be submitted also to the Committee on 
International Relations of the House of Representatives.
132
SEC. 703. REPORTS CONCERNING THE CAPTURE AND PROS-
ECUTION OF PARAMILITARY AND OTHER 
TERRORIST LEADERS IN COLOMBIA. 
(a) FINDINGS.—The Congress makes the following 
findings: 
(1) As reported in the Department of State re-
port Patterns of Global Terrorism 2001, the United 
Self-Defense Forces of Colombia (also referred to as 
‘‘AUC’’ or ‘‘paramilitaries’’) have been designated as 
a foreign terrorist organization by the United States 
primarily because of their increasing reliance on ter-
rorist methods, such as the use of massacres, to pur-
posefully displace segments of the population as re-
taliation for allegedly supporting the AUC’s rival or-
ganizations, the Revolutionary Armed Forces of Co-
lombia (FARC) and the National Liberation Army 
(ELN) of Colombia. According to the report, the 
paramilitaries also use terrorist tactics to compete 
for narcotics-trafficking corridors and prime coca-
growing terrain. 
(2) The Department of State concluded in the 
2001 Country Report on Human Rights Practices 
that despite increased efforts by the Government of 
Colombia to combat and capture members of para-
military groups, security forces sometimes illegally 
collaborate with paramilitaries forces and often fail
133
to take action to prevent paramilitary attacks which 
lead to serious abuses of human rights. 
(3) In September 2002, Amnesty International, 
Human Rights Watch, and the Washington Office 
on Latin America released a report which argued 
that the Colombian Government had not made sub-
stantial progress toward suspending officers impli-
cated in human rights abuses, conducting effective 
judicial investigations of such abuses, or breaking 
the persistent links between some units of the Co-
lombian military and paramilitary groups. 
(4) In February 2003, the United Nations High 
Commissioner for Human Rights in Colombia re-
ported that some units of the Colombian Security 
Forces continued to collude openly with illegal para-
military groups in operations which resulted in viola-
tions of human rights. 
(5) The Consolidated Appropriations Resolu-
tion, 2003 (Public Law 108–7) made available not 
less than $5,000,000 to support a Colombian Armed 
Forces unit which is dedicated to apprehending lead-
ers of Colombian paramilitary organizations. 
(b) REPORTS TO CONGRESS.—Not later than 30 days 
after the date of enactment of this Act, and every 180 
days thereafter, the Secretary of State, after consulting
134
with internationally recognized human rights organiza-
tions pursuant to the procedures required in section 
564(b) of the Consolidated Appropriations Resolution, 
2003, shall submit a report, in unclassified form (with a 
classified annex if necessary), on the specific measures 
that the Colombian authorities are taking to apprehend 
effectively and prosecute aggressively leaders of para-
military organizations, to the Committee on International 
Relations of the House of Representatives and the Com-
mittee on Foreign Relations of the Senate. 
(c) CONTENTS OF REPORTS.—Each report submitted 
pursuant to subsection (b) shall—
(1) identify which Colombian Armed Forces 
units are receiving assistance to apprehend leaders 
of Colombian paramilitary organizations; 
(2) describe the amount and purposes of such 
assistance; 
(3) describe operations by Colombian security 
forces to apprehend and arrest leaders of Colombian 
paramilitary organizations; 
(4) list the number of detentions, captures, and 
arrests of leaders of Colombian paramilitary organi-
zations, disaggregating the number according to 
those detentions, captures, and arrests which were
135
carried out by Colombian security forces identified 
under paragraph (1); 
(5) briefly describe the status of investigations 
and prosecutions of cases by the Colombian Attorney 
General’s office involving the arrests of leaders of 
Colombian paramilitary organizations; and 
(6) estimate the number of hours of use by the 
Colombian military of helicopters provided by the 
United States under Plan Colombia and successor 
programs to apprehend the leaders of Colombian 
paramilitary organizations, as well as leaders of the 
FARC and ELN, including those individuals who 
have United States indictments pending against 
them. 
SEC. 704. REPORTS RELATING TO MAGEN DAVID ADOM SO-
CIETY. 
(a) FINDINGS.—Section 690(a) of the Foreign Rela-
tions Authorization Act, Fiscal Year 2003 (Public Law 
107–228) is amended by adding at the end the following: 
‘‘(5) Since the founding of the Magen David 
Adom in 1930, the American Red Cross has re-
garded it as a sister national society forging close 
working ties between the two societies and has con-
sistently advocated recognition and membership of
136
the Magen David Adom in the International Red 
Cross and Red Crescent Movement. 
‘‘(6) The American Red Cross and Magen 
David Adom signed an important memorandum of 
understanding in November 2002, outlining areas 
for strategic collaboration, and the American Red 
Cross will encourage other societies to establish simi-
lar agreements with Magen David Adom.’’. 
(b) SENSE OF CONGRESS.—Section 690(b) of such 
Act is amended—
(1) in paragraph (3) after the semicolon by 
striking ‘‘and’’; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) the High Contracting Parties to the Gene-
va Conventions of August 12, 1949, should adopt 
the October 12, 2000, draft additional protocol 
which would accord international recognition to an 
additional distinctive emblem; and’’. 
(c) REPORT.—Section 690 of such Act is further 
amended by adding at the end the following: 
‘‘(c) REPORT.—Not later than 60 days after the date 
of the enactment of the Foreign Relations Authorization
137
Act, Fiscal Years 2004 and 2005 and annually thereafter, 
the Secretary of State shall submit a report, on a classified 
basis if necessary, to the appropriate congressional com-
mittees describing—
‘‘(1) efforts by the United States to obtain full 
membership for the Magen David Adom in the 
International Red Cross Movement; 
‘‘(2) efforts by the International Committee of 
the Red Cross to obtain full membership for the 
Magen David Adom in the International Red Cross 
Movement; 
‘‘(3) efforts of the High Contracting Parties to 
the Geneva Convention of 1949 to adopt the October 
12, 2000, draft additional protocol; and 
‘‘(4) the extent to which the Magen David 
Adom of Israel is participating in the activities of 
the International Red Cross and Red Crescent Move-
ment.’’.
SEC. 705. REPORT CONCERNING THE RETURN OF POR-
TRAITS OF HOLOCAUST VICTIMS TO THE 
ARTIST DINA BABBITT. 
(a) FINDINGS.—The Congress makes the following 
findings: 
(1) Dina Babbitt (formerly known as Dinah 
Gottliebova), a United States citizen, has requested
138
the return of watercolor portraits she painted while 
suffering a one and one-half year long internment at 
the Auschwitz death camp during World War II, 
where she was ordered to paint portraits by the infa-
mous war criminal Dr. Josef Mengele. 
(2) Congress has previously considered the 
issue, under the Foreign Relations Authorization 
Act, Fiscal Year 2003 (Public Law 107–228), and 
urged the Administration to facilitate the return of 
the paintings to Dina Babbitt. 
(3) The Administration has not yet reported 
any progress in furthering this goal, nor has the 
Secretary reported on the status of any negotiations 
held with the intent of furthering this goal. 
(b) SENSE OF CONGRESS.—The Congress—
(1) continues to recognize the moral right of 
Dina Babbitt to obtain the artwork she created, and 
recognizes her courage in the face of the evils per-
petrated by the Nazi command of the Auschwitz- 
Birkenau death camp, including the atrocities com-
mitted by Dr. Josef Mengele; 
(2) urges the President of the United States to 
make all necessary efforts to retrieve the 7 water-
color portraits painted by Dina Babbitt, during her 
internment at the Auschwitz death camp; and
139
(3) urges the Secretary of State to make imme-
diate diplomatic efforts to facilitate the transfer of 
the 7 original watercolors painted by Dina Babbitt 
from the Auschwitz-Birkenau State Museum to Dina 
Babbitt, their rightful owner. 
(c) REPORTING REQUIREMENT.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of State shall submit a report to the appropriate 
congressional committees, describing all diplomatic efforts 
the United States has taken to facilitate the return of the 
paintings referred to in this section to Dina Babbitt.
SEC. 706. REPORT TO CONGRESS ON USE OF VESTED AS-
SETS. 
Section 203(a) of the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1702(a)) is amended—
(1) in subparagraph (C), by inserting ‘‘, subject 
to paragraph (4),’’ after ‘‘such interest or property 
shall’’; and 
(2) by adding at the end the following: 
‘‘(4) The authority under paragraph (1)(C) to use 
property that has been vested or to use assets that have 
been liquidated may not be exercised until 15 days after 
the President has notified the Committee on International 
Relations of the House of Representatives and the Com-
mittee on Foreign Relations of the Senate of the purpose
140
for which such vested property or liquidated assets will 
be so used.’’.
SEC. 707. REPORT CONCERNING THE CONFLICT IN UGAN-
DA. 
(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress that the United States should— 
(1) exhaust all diplomatic means and pressures, 
including the creation of a United States role in ne-
gotiating humanitarian access to hitherto inacces-
sible populations which would offer an opportunity 
to bring the warring parties together to build con-
fidence, to support an immediate peaceful resolution 
to the 16-year old conflict in Northern Uganda that 
has— 
(A) killed an estimated 23,000 people, in-
cluding 12,000 civilians, 
(B) resulted in the forced abduction, sex-
ual servitude, and armed recruitment of be-
tween 16,000 to 26,000 Ugandan children by 
the Lord’s Resistance Army, a renegade army 
that has in the past sought refuge in southern 
Sudan and raided villages in northern Uganda, 
(C) displaced over 800,000 Ugandan citi-
zens and Sudanese refugees,
141
(D) resulted in the death and abduction of 
humanitarian aid workers, and 
(E) gravely inhibited the delivery of emer-
gency assistance and food aid to nearly 1 mil-
lion northern Ugandan civilians dependent on 
such assistance for survival; 
(2) urge rebel forces to stop the abduction of 
children, urge all forces to stop the use of child sol-
diers, and seek the release of all forcibly-held chil-
dren; 
(3) make available technical assistance re-
sources to seek, track, and stop funding for the 
Lord’s Resistance Army (LRA) from all sources and 
condemn all governments and organizations who do 
assist the LRA; 
(4) monitor and support negotiations conducted 
by an third-party institutions for an immediate 
cease-fire between the LRA and the Ugandan Gov-
ernment, and to explore the possibility of facilitating 
the creation of mechanisms for an international 
monitoring team to enforce this cease-fire as the 
first step in the process toward a permanent peace; 
(5) continue supporting the Sudan Peace Proc-
ess and Danforth Initiative, which includes peace 
talks, donor coordination, regional support, civilian
142
protection and monitoring, and cease-fire verification 
and consider modeling aspects of this process in 
northern Uganda; 
(6) make available sufficient resources to meet 
the immediate relief of the towns and cities sup-
porting large displaced populations, including food, 
clean water, medicine, shelter, and clothing; 
(7) make available increased resources for as-
sistance to released and returned abducted children 
and child soldiers and ensure that amnesty is pro-
vided when appropriate; 
(8) work with other donors and the Ugandan 
Government to increase resources and technical sup-
port to the Uganda Amnesty Commission for the in-
creased demobilization of rebel combatants; 
(9) examine ways in which development assist-
ance can help those living in protective villages in 
northern Uganda return to and cultivate farmland; 
and 
(10) condition military assistance to Uganda on 
its international compliance with sustained troop 
withdrawals from the Democratic Republic of Congo 
where the presence of Ugandan armies has contrib-
uted to the violence and instability in the region.
143
(b) REPORTS TO CONGRESS.—Not later than 180 
days after the date of the enactment of this Act, and not 
later than April 1 of each subsequent year, the Secretary 
shall submit to the appropriate congressional committees 
a report on the comprehensive actions of the United States 
in seeking a peaceful and immediate solution to conflict 
in northern Uganda as well as humanitarian assistance 
efforts to the region, including efforts to advance each 
area addressed in subsection (a). 
Subtitle B—Other Matters 
SEC. 721. SENSE OF CONGRESS RELATING TO EAST TIMOR, 
JUSTICE, AND REHABILITATION. 
The Congress—
(1) recalls that the United Nations Inter-
national Commission of Inquiry concluded in Janu-
ary 2000 that ‘‘the Indonesian Army was responsible 
for the intimidation, terror, killings and other acts 
of violence’’ during East Timor’s vote for independ-
ence in 1999; 
(2) reiterates that justice for crimes against hu-
manity and war crimes committed in East Timor 
during the vote for independence in 1999 is crucial 
for peace, reconciliation, and the ongoing nation-
building process in East Timor and Indonesia;
144
(3) finds that the ad hoc Human Rights Court 
on East Timor established by the Indonesian Gov-
ernment in 2001 has inadequately brought to justice 
the perpetrators of these crimes as eleven of four-
teen defendants have been acquitted as a result of 
poor indictments and the absence of an adequate 
witness protection program, and four of the five sen-
tences imposed have been less than the minimum al-
lowed under the Indonesian Human Rights Law; 
(4) supports the work of the Joint United Na-
tions-East Timor Serious Crimes Unit (SCU), which 
filed indictments against high-ranking Indonesian 
officers who were allegedly involved in the crimes, 
including Gen. Wiranto, Maj. Gen. Kiki Syahnakri, 
Maj. Gen. Zacky Anwar Makarim, Maj. Gen. Adam 
Damiri, Col. Suratman, Col. Noer Muis, Col. Yayat 
Sudrajat and former Governor Abilio Soares, and ex-
presses its strong disappointment that the Indo-
nesian Government has stated its intention to ignore 
the indictments; 
(5) calls on the State Department and the 
United States Mission to the United Nations to push 
for a comprehensive United Nations review of the 
Indonesian ad hoc Human Rights Court on East 
Timor, including a review of the conduct of trials,
145
the indictment strategy by the prosecutors and its 
adherence to the international standards, and urges 
the State Department to consider alternative mecha-
nisms of justice for East Timor, including the estab-
lishment of an ad hoc international tribunal; and 
(6) urges the Indonesian Government to fully 
cooperate with the joint United Nations-East Timor 
Serious Crimes Unit (SCU) and encourages the 
United States to urge the Indonesian Government to 
fully cooperate with the SCU. 
SEC. 722. SENSE OF CONGRESS CONCERNING HUMAN 
RIGHTS AND JUSTICE IN INDONESIA. 
The Congress—
(1) notes with grave concern that members of 
the Indonesian security forces, particularly the Army 
Special Forces (Kopassus) and the Police Mobile 
Brigade (Brimob), continue to commit many serious 
human rights violations, including extrajudicial 
killings, torture, rape, and arbitrary detention, par-
ticularly in areas of conflict such as Aceh, Papua, 
the Moluccas, and Central Sulawesi; 
(2) notes with grave concern that the Govern-
ment of Indonesia largely fails to hold soldiers and 
police accountable for extrajudicial killings and other 
serious human rights abuses, both past and present;
146
(3) condemns the intimidation and harassment 
of human rights and civil society organizations and 
activists by members of Indonesian security forces 
and by military-backed militia groups, particularly in 
Aceh and Papua; 
(4) notes with concern the Indonesian military’s 
resistance to civilian control and oversight, its lack 
of budgetary transparency, and its continuing em-
phasis on internal security within Indonesia; 
(5) urges the Indonesian government and mili-
tary to provide full, active, and unfettered coopera-
tion with the investigation of the Federal Bureau of 
Investigation of the United States Department of 
Justice into the August 31, 2002 attack near 
Timika, Papua, which killed three people (including 
two Americans, Rick Spier and Ted Burgon), and 
injured 12 others, and which appears likely to have 
been perpetrated at least in part by members of the 
Indonesian military; 
(6) commends the December 2002 signing of 
the Framework Agreement on Cessation of Hos-
tilities in Aceh, but condemns the recent outbreaks 
of violence and militia activity that appear calculated 
to subvert that cease-fire agreement;
147
(7) notes with grave concern the continued de-
tention of Muhammad Nazar, and the fact that 
those responsible for the murders of other prominent 
members of civil society in Aceh, such as Jafar 
Siddiq Hamzah, Sukardi, Sulaiman Ahmad, Tengku 
Safwan 
Idris, 
Nashiruddin 
Daud, 
and 
Zaini 
Sulaiman, still have not been apprehended, pros-
ecuted, or punished; 
(8) commends the ‘‘Zone of Peace’’ initiative in 
Papua, which has brought together civic, religious, 
governmental, and police representatives to discuss 
productive means of avoiding conflict, but expresses 
concern at the refusal of the Indonesian military to 
participate in that effort; and 
(9) encourages the Government of Indonesia to 
expedite the reunification of separated East Timor-
ese children with their families, and to hold legally 
accountable those individuals and organizations re-
sponsible for taking those children and for obstruct-
ing reunification efforts. 
SEC. 723. AMENDMENT TO THE INTERNATIONAL RELI-
GIOUS FREEDOM ACT OF 1998. 
Section 207(a) of the International Religious Free-
dom Act of 1998 (22 U.S.C. 6435(a)) is amended by in-
148
serting ‘‘and for each subsequent fiscal year’’ after 
‘‘2003’’.
SEC. 724. SENSE OF CONGRESS WITH RESPECT TO HUMAN 
RIGHTS IN CENTRAL ASIA. 
(a) FINDINGS.—The Congress makes the following 
findings: 
(1) The Central Asian nations of Kazakhstan, 
Kyrgyzstan, 
Tajikistan, 
Turkmenistan, 
and 
Uzbekistan are providing the United States with as-
sistance in the war in Afghanistan, from military 
basing and overflight rights to the facilitation of hu-
manitarian relief. 
(2) In turn, the United States victory over the 
Taliban in Afghanistan provides important benefits 
to the Central Asian nations by removing a regime 
that threatened their security and by significantly 
weakening the Islamic Movement of Uzbekistan, a 
terrorist organization that had previously staged 
armed raids from Afghanistan into the region. 
(3) The United States has consistently urged 
the nations of Central Asia to open their political 
systems and economies and to respect human rights, 
both before and since the attacks of September 11, 
2001.
149
(4) 
Kazakhstan, 
Kyrgyzstan, 
Tajikistan, 
Turkmenistan, and Uzbekistan are members of the 
United Nations and the Organization for Security 
and Cooperation in Europe (OSCE), both of which 
confer a range of obligations with respect to human 
rights on their members. 
(5) While the United States recognizes marked 
differences among the social structures and commit-
ments to democratic and economic reform of the 
Central Asian nations, the United States notes nev-
ertheless, according to the State Department Coun-
try Reports on Human Rights Practices, that all five 
governments of such nations, to differing degrees, 
restrict freedom of speech and association, restrict 
or ban the activities of human rights organizations 
and other nongovernmental organizations, harass or 
prohibit independent media, imprison political oppo-
nents, practice arbitrary detention and arrest, and 
engage in torture and extrajudicial executions. 
(6) By continuing to suppress human rights 
and to deny citizens peaceful, democratic means of 
expressing their convictions, the nations of Central 
Asia risk fueling popular support for violent and ex-
tremist movements, thus undermining the goals of 
the war on terrorism.
150
(7) President George W. Bush has made the 
defense of human dignity, the rule of law, limits on 
the power of the state, respect for women and pri-
vate property, free speech, equal justice, religious 
tolerance strategic goals of United States foreign 
policy in the Islamic world, arguing that ‘‘a truly 
strong nation will permit legal avenues of dissent for 
all groups that pursue their aspirations without vio-
lence’’. 
(8) Congress has expressed its desire to see 
deeper reform in Central Asia in past resolutions 
and other legislation, most recently conditioning as-
sistance to Uzbekistan and Kazakhstan on their 
progress in meeting commitments to the United 
States on human rights and democracy. 
(b) SENSE OF CONGRESS.—It is the sense of the 
Congress that—
(1) 
the 
governments 
of 
Kazakhstan, 
Kyrgyzstan, 
Tajikistan, 
Turkmenistan, 
and 
Uzbekistan should accelerate democratic reforms 
and fulfill their human rights obligations, including, 
where appropriate, by—
(A) releasing from prison anyone jailed for 
peaceful political activism or the nonviolent ex-
pression of their political or religious beliefs;
151
(B) fully investigating any credible allega-
tions of torture and prosecuting those respon-
sible; 
(C) permitting the free and unfettered 
functioning of independent media outlets, inde-
pendent political parties, and nongovernmental 
organizations, including by easing registration 
processes; 
(D) permitting the free exercise of reli-
gious beliefs and ceasing the persecution of 
members of religious groups and denominations 
that do not engage in violence or political 
change through violence; 
(E) holding free, competitive, and fair elec-
tions; and 
(F) making publicly available documenta-
tion of their revenues and punishing those en-
gaged in official corruption; 
(2) the President, the Secretary of State, and 
the Secretary of Defense should—
(A) continue to raise at the highest levels 
with the governments of the nations of Central 
Asia specific cases of political and religious per-
secution, and to urge greater respect for human
152
rights and democratic freedoms at every diplo-
matic opportunity; 
(B) take progress in meeting the goals 
specified in paragraph (1) into account when 
determining the scope and nature of United 
States diplomatic and military relations and as-
sistance with each of such governments; 
(C) ensure that the provisions of foreign 
operations appropriations Acts are fully imple-
mented to ensure that no United States assist-
ance benefits security forces in Central Asia 
that are implicated in violations of human 
rights; 
(D) 
press 
the 
Government 
of 
Turkmenistan to implement the helpful rec-
ommendations contained in the 2003 resolution 
on Turkmenistan of the United Nations Com-
mission on Human Rights and the so-called 
‘‘Moscow Mechanism’’ Report of the Organiza-
tion for Security and Cooperation in Europe 
(OSCE), respect the right of all prisoners to 
due process and a fair trial and release demo-
cratic activists and their family members from 
prison;
153
(E) urge the Government of Russia not to 
extradite to Turkmenistan members of the po-
litical opposition of Turkmenistan; 
(F) 
work 
with 
the 
Government 
of 
Kazakhstan to create a political climate free of 
intimidation and harassment, including releas-
ing political prisoners and permitting the return 
of political exiles, and to reduce official corrup-
tion, including by urging the Government of 
Kazakhstan to cooperate with the ongoing 
United States Department of Justice investiga-
tion; 
(G) support through United States assist-
ance programs individuals, nongovernmental or-
ganizations, and media outlets in Central Asia 
working to build more open societies, to support 
the victims of human rights abuses, and to ex-
pose official corruption; and 
(H) press the Government of Uzbekistan 
to implement fully the recommendations made 
to the Government of Uzbekistan by the United 
Nations’ Special Rapporteur on Torture; and 
(3) increased levels of United States assistance 
to the governments of the nations of Central Asia 
made possible by their cooperation in the war in Af-
154
ghanistan can be sustained only if there is substan-
tial and continuing progress toward meeting the 
goals specified in paragraph (1). 
SEC. 725. TECHNICAL CORRECTION TO AUTHORIZATION OF 
APPROPRIATIONS FOR FISCAL YEAR 2003 
FOR CENTER FOR CULTURAL AND TECH-
NICAL INTERCHANGE BETWEEN EAST AND 
WEST. 
Section 112(3) of the Foreign Relations Authoriza-
tion Act, Fiscal Year 2003 (116 Stat. 1358; Public Law 
107–228) is amended by striking ‘‘$15,000,000’’ and in-
serting ‘‘$18,000,000’’.
DIVISION 
B—DEFENSE 
TRADE 
AND SECURITY ASSISTANCE 
REFORM ACT OF 2003
TITLE X—GENERAL PROVISIONS 
SEC. 1001. SHORT TITLE. 
This division may be cited as the ‘‘Defense Trade and 
Security Assistance Reform Act of 2003’’. 
SEC. 1002. DEFINITIONS. 
Except as otherwise provided, in this division: 
(1) DEFENSE ARTICLES.—The term ‘‘defense 
articles’’ has the meaning given the term in section 
47(7)(A) of the Arms Export Control Act (as 
amended by section 1107(d) of this Act).
155
(2) DEFENSE SERVICES.—The term ‘‘defense 
services’’ has the meaning given the term in section 
47(7)(B) of the Arms Export Control Act (as 
amended by section 1107(d) of this Act). 
(3) DUAL USE.—The term ‘‘dual use’’ means, 
with respect to goods or technology, those goods or 
technology that are specifically designed or devel-
oped for civil purposes but which also may be used 
or deployed in a military mode. 
(4) EXPORT ADMINISTRATION REGULATIONS.—
The term ‘‘Export Administration Regulations’’ 
means those regulations contained in sections 730–
774 of title 15, Code of Federal Regulations (or suc-
cessor regulations). 
(5) GOOD.—The term ‘‘good’’ has the meaning 
given the term in section 16(3) of the Export Ad-
ministration Act of 1979 (50 U.S.C. App. 2415(3)). 
(6) INTERNATIONAL TRAFFIC IN ARMS REGULA-
TIONS.—The term ‘‘International Traffic in Arms 
Regulations’’ means those regulations contained in 
sections 120–130 of title 22, Code of Federal Regu-
lations (or successor regulations). 
(7) MISSILE TECHNOLOGY CONTROL REGIME; 
MTCR.—The term ‘‘Missile Technology Control Re-
gime’’ or ‘‘MTCR’’ has the meaning given the term
156
in section 11B(c)(2) of the Export Administration 
Act of 1979 (50 U.S.C. App. 2401b(c)(2)). 
(8) MISSILE
TECHNOLOGY
CONTROL
REGIME 
ANNEX; MTCR
ANNEX.—The term ‘‘Missile Tech-
nology Control Regime Annex’’ or ‘‘MTCR Annex’’ 
has the meaning given the term in section 11B(c)(4) 
of the Export Administration Act of 1979 (50 
U.S.C. App. 2401b(c)(4)). 
(9) OPERATION
IRAQI
FREEDOM.—The term 
‘‘Operation Iraqi Freedom’’ means operations of 
United States Armed Forces, the armed forces of 
the United Kingdom, and the armed forces of other 
coalition member countries initiated on or about 
March 19, 2003—
(A) to disarm Iraq of its weapons of mass 
destruction; 
(B) to enforce United Nations Security 
Council Resolution 1441 (November 8, 2002) 
and other relevant Security Council resolutions 
with respect to Iraq; and 
(C) to liberate the people of Iraq from the 
regime of Saddam Hussein. 
(10) TECHNOLOGY.—The term ‘‘technology’’ 
has the meaning given the term in section 16(4) of
157
the Export Administration Act of 1979 (50 U.S.C. 
App. 2415(4)). 
SEC. 1003. REFERENCES TO ARMS EXPORT CONTROL ACT. 
Except as otherwise specifically provided, whenever in 
this division an amendment is expressed in terms of an 
amendment to a section or other provision, the reference 
shall be considered to be made to that section or other 
provision of the Arms Export Control Act (22 U.S.C. 2751 
et seq.). 
TITLE XI—TERRORIST-RELATED 
PROHIBITIONS 
AND 
EN-
FORCEMENT MEASURES 
SEC. 1101. ELIGIBILITY PROVISIONS. 
(a) 
INELIGIBILITY
FOR
TERRORIST
RELATED 
TRANSACTIONS.—Section 3(c)(1) (22 U.S.C. 2753(c)(1)) 
is amended—
(1) in each of subparagraphs (A) and (B), by 
striking ‘‘or any predecessor Act,’’ and inserting ‘‘, 
any predecessor Act, or licensed or approved under 
section 38 of this Act, to carry out a transaction 
with a country, the government of which the Sec-
retary of State has determined is a state sponsor of 
international terrorism for purposes of section 
6(j)(1) of the Export Administration Act of 1979
158
(50 U.S.C. App. 2405(j)(1)), or otherwise uses such 
defense articles or defense services’’; and 
(2) by adding at the end the following: 
‘‘(C) In this section, the term ‘transaction’ means the 
taking of any action, directly or indirectly, by a foreign 
country that would be a transaction prohibited by section 
40 of this Act with respect to the United States Govern-
ment and United States persons.’’. 
(b) REPORTING REQUIREMENT.—Section 3(e) (22 
U.S.C. 2753(e)) is amended by inserting after ‘‘the For-
eign Assistance Act of 1961,’’ the following: ‘‘regardless 
of whether the article or service has been sold or otherwise 
furnished by the United States Government or licensed 
under section 38 of this Act,’’. 
SEC. 1102. WEAPONS TRANSFERS TO FOREIGN PERSONS IN 
THE UNITED STATES. 
Section 38(a)(1) (22 U.S.C. 2778(a)(1)) is amended 
in the first sentence by inserting after ‘‘import and the 
export of defense articles and defense services’’ the fol-
lowing: ‘‘, or the transfer of such articles, other than fire-
arms (or ammunition, components, parts, accessories, or 
attachments for firearms), and services within the United 
States to foreign persons,’’.
159
SEC. 1103. COORDINATION OF LICENSE EXEMPTIONS WITH 
UNITED STATES LAW ENFORCEMENT AGEN-
CIES. 
(a) SENSE OF CONGRESS.—In view of the historic 
difficulties in the enforcement of the Arms Export Control 
Act (22 U.S.C. 2751 et seq.) associated with violations 
involving exports of defense articles and defense services 
that have been exempted by regulation from the licensing 
requirements of section 38 of such Act, it is the sense of 
Congress that the establishment of new exemptions by reg-
ulation should only be undertaken after careful coordina-
tion with the appropriate United States law enforcement 
agencies. 
(b) AMENDMENT.—Section 38(b)(2) (22 U.S.C. 
2778(b)(2)) is amended by adding at the end the following 
new sentences: ‘‘In promulgating regulations under sub-
section (a)(1) in accordance with the preceding sentence, 
any provision in such regulations that permits the export 
of defense articles or defense services without a license 
shall include a determination by the Attorney General, in 
consultation with the Secretary of Homeland Security and 
the Director of the Federal Bureau of Investigation, that 
the compilation and maintenance of sufficient documenta-
tion relating to the export without a license of the articles 
or services is ensured, notwithstanding the absence of a 
license, to facilitate law enforcement efforts to detect, pre-
160
vent, and prosecute criminal violations of any provision of 
this section, section 39, or section 40 of this Act, including 
the efforts on the part of countries and factions engaged 
in international terrorism to illicitly acquire defense arti-
cles and defense services. No defense article or defense 
service designated by the President under subsection 
(a)(1) may be exported without a license pursuant to a 
regulation under subsection (a)(1) that is promulgated on 
or after January 1, 2003, until 30 days after the date 
on which the President provides notice of the proposed 
regulation to the Committee on International Relations of 
the House of Representatives and to the Committee on 
Foreign Relations of the Senate in accordance with the 
procedures applicable to reprogramming notifications 
under section 634A(a) of the Foreign Assistance Act of 
1961, including a description of the criteria that would 
be used to permit the export of the article or service and 
any measures to facilitate law enforcement efforts associ-
ated with the Attorney General’s determination required 
by the preceding sentence.’’. 
SEC. 1104. MECHANISMS TO IDENTIFY PERSONS IN VIOLA-
TION OF CERTAIN PROVISIONS OF LAW. 
Section 38(g)(1)(A) (22 U.S.C. 2778(g)(1)(A)) is 
amended—
(1) in clause (iii)—
161
(A) by striking ‘‘or section 2339A’’ and in-
serting ‘‘, section 2339A’’; and 
(B) by inserting at the end before the 
comma the following: ‘‘, or section 2339C of 
such title (relating to financing terrorism)’’; 
(2) in clause (x), by striking ‘‘or’’ at the end; 
(3) in clause (xi), by striking the semicolon at 
the end and inserting a comma; and 
(4) by adding at the end the following: 
‘‘(xii) subclause (I) or (II) of section 
1956(c)(7)(B)(v) of title 18, United States 
Code; 
‘‘(xiii) section 329 of the Uniting and 
Strengthening America by Providing Appro-
priate Tools Required to Intercept and Obstruct 
Terrorism (USA PATRIOT ACT) Act of 2001; 
‘‘(xiv) section 5332 of title 31, United 
States Code; 
‘‘(xv) section 1960 of title 18, United 
States Code; 
‘‘(xvi) section 175(b), 175b, 1993, 2339 of 
title 18, United States Code; 
‘‘(xvii) section 2332a, 2332b, or 2332f of 
title 18, United States Code; or
168
against terrorist attack, foreign intelligence operations, 
high technology crimes, and transnational criminal organi-
zations and enterprises, the Federal Bureau of Investiga-
tion should be provided authority to investigate and en-
force violations of the Arms Export Control Act without 
adversely affecting the existing authority of the Bureau 
of Customs and Border Protection of the Department of 
Homeland Security. 
(b) COPY OF REGISTRATION.—Section 38(b)(1) (22 
U.S.C. 2778(b)) is amended—
(1) by redesignating the second subparagraph 
(B) as subparagraph (C); and 
(2) in subparagraph (B)—
(A) in the first sentence, by inserting ‘‘and 
the Director of the Federal Bureau of Inves-
tigation’’ after ‘‘Secretary of Treasury’’; and 
(B) in the second sentence, by inserting 
‘‘and the Director’’ after ‘‘The Secretary’’. 
(c) JURISDICTION OF FBI AND BUREAU OF CUS-
TOMS.—Section 38(e) (22 U.S.C. 2778(e)) is amended in 
the first sentence by adding at the end before the period 
the following: ‘‘, and except further, that the Federal Bu-
reau of Investigation and the Bureau of Customs and Bor-
der Protection of the Department of Homeland Security