401
SEC. 1503. SENSE OF CONGRESS RELATING TO SANCTIONS
AGAINST THE GOVERNMENT OF BELARUS.
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the sanctions described in subsections (c) and
(d) should apply with respect to the Republic of Belarus
until the President determines and certifies to the appro-
priate congressional committees that the Government of
Belarus has made significant progress in meeting the con-
ditions described in subsection (b).
(b) CONDITIONS.—The conditions referred to in sub-
section (a) are the following:
(1) The release of individuals in Belarus who
have been jailed based on political or religious be-
liefs.
(2) The withdrawal of politically motivated legal
charges against all opposition figures and inde-
pendent journalists in Belarus.
(3) A full accounting of the disappearances of
opposition leaders and journalists in Belarus, includ-
ing Victor Gonchar, Anatoly Krasovsky, Yuri
Zakharenka, and Dmitry Zavadsky, and the prosecu-
tion of those individuals who are responsible for
their disappearances.
(4) The cessation of all forms of harassment
and repression against the independent media, inde-
pendent trade unions, nongovernmental organiza-
402
tions, religious organizations (including their leader-
ship and members), and the political opposition in
Belarus.
(5) The implementation of free and fair presi-
dential and parliamentary elections in Belarus con-
sistent with OSCE standards on democratic elections
and in cooperation with relevant OSCE institutions.
(c) DENIAL OF ENTRY INTO THE UNITED STATES
OF BELARUSIAN OFFICIALS.—The President should use
his authority under section 212(f) of the Immigration and
Nationality Act (8 U.S.C. 1182(f)) to deny the entry into
the United States of any alien who—
(1) holds a position in the senior leadership of
the Government of Belarus; or
(2) is a spouse, minor child, or agent of a per-
son inadmissible under paragraph (1).
(d) PROHIBITION ON LOANS AND INVESTMENT.—
(1) UNITED
STATES
GOVERNMENT
FINANC-
ING.—No loan, credit guarantee, insurance, financ-
ing, or other similar financial assistance should be
extended by any agency of the United States Gov-
ernment (including the Export-Import Bank and the
Overseas Private Investment Corporation) to the
Government of Belarus, except with respect to the
403
provision of humanitarian goods and agricultural or
medical products.
(2) TRADE AND DEVELOPMENT AGENCY.—No
funds available to the Trade and Development Agen-
cy should be available for activities of the Agency
in or for Belarus.
(e) MULTILATERAL FINANCIAL ASSISTANCE.—It is
further the sense of Congress that, in addition to the ap-
plication of the sanctions described in subsections (c) and
(d) to the Republic of Belarus (until the President deter-
mines and certifies to the appropriate congressional com-
mittees that the Government of Belarus has made signifi-
cant progress in meeting the conditions described in sub-
section (b)), the Secretary of the Treasury should instruct
the United States Executive Director of each international
financial institution to which the United States is a mem-
ber to use the voice and vote of the United States to op-
pose any extension by those institutions of any financial
assistance (including any technical assistance or grant) of
any kind to the Government of Belarus, except for loans
and assistance that serve humanitarian needs.
SEC. 1504. MULTILATERAL COOPERATION.
It is the sense of Congress that the President should
continue to seek to coordinate with other countries, par-
ticularly European countries, a comprehensive, multilat-
404
eral strategy to further the purposes of this title, includ-
ing, as appropriate, encouraging other countries to take
measures with respect to the Republic of Belarus that are
similar to measures described in this title.
SEC. 1505. REPORT.
(a) REPORT.—Not later than 90 days after the date
of enactment of this Act, and every year thereafter, the
President shall transmit to the appropriate congressional
committees a report that describes, with respect to the
preceding 12-month period, the following:
(1) The sale or delivery of weapons or weapons-
related technologies from the Republic of Belarus to
any country, the government of which the Secretary
of State has determined, for purposes of section
6(j)(1) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)(1)), has repeatedly pro-
vided support for acts of international terrorism.
(2) An identification of each country described
in paragraph (1) and a detailed description of the
weapons or weapons-related technologies involved in
the sale.
(3) An identification of the goods, services,
credits, or other consideration received by Belarus in
exchange for the weapons or weapons-related tech-
nologies.
405
(4) The personal assets and wealth of Alek-
sandr Lukashenka and other senior leadership of the
Government of Belarus.
(b) FORM.—A report transmitted pursuant to sub-
section (a) shall be in unclassified form but may contain
a classified annex.
SEC. 1506. DEFINITIONS.
In this title:
(1) OSCE.—The term ‘‘OSCE’’ means the Or-
ganization for Security and Cooperation in Europe.
(2) SENIOR LEADERSHIP OF THE GOVERNMENT
OF BELARUS.—The term ‘‘senior leadership of the
Government of Belarus’’ includes—
(A) the President, Prime Minister, Deputy
Prime Ministers, government ministers, Chair-
men of State Committees, and members of the
Presidential Administration of Belarus;
(B) any official of the Government of
Belarus who is personally and substantially in-
volved in the suppression of freedom in Belarus,
including judges and prosecutors; and
(C) any other individual determined by the
Secretary of State (or the Secretary’s designee)
to be personally and substantially involved in
the formulation or execution of the policies of
406
the Lukashenka regime that are in contradic-
tion of internationally recognized human rights
standards.
TITLE 
XVI—ISRAELI-PALES-
TINIAN 
PEACE 
ENHANCE-
MENT ACT OF 2003
SEC. 1601. SHORT TITLE.
This title may be cited as the ‘‘Israeli-Palestinian
Peace Enhancement Act of 2003’’.
SEC. 1602. FINDINGS.
Congress makes the following findings:
(1) The security of the State of Israel is a
major and enduring national security interest of the
United States.
(2) A lasting peace in the Middle East region
can only take root in an atmosphere free of violence
and terrorism.
(3) The Palestinian people have been ill-served
by leaders who, by resorting to violence and ter-
rorism to pursue their political objectives, have
brought economic and personal hardship to their
people and brought a halt to efforts seeking a nego-
tiated settlement of the conflict.
407
(4) The United States has an interest in a Mid-
dle East in which two states, Israel and Palestine,
will live side by side in peace and security.
(5) In his speech of June 24, 2002, and in
other statements, President George W. Bush out-
lined a comprehensive vision of the possibilities of
peace in the Middle East region following a change
in Palestinian leadership.
(6) A stable and peaceful Palestinian state is
necessary to achieve the security that Israel longs
for, and Israel should take concrete steps to support
the emergence of a viable, credible Palestinian state.
(7) The Palestinian state must be a reformed,
peaceful, and democratic state that abandons forever
the use of terror.
(8) On April 29, 2003, the Palestinian Legisla-
tive Council confirmed in office, by a vote of 51
yeas, 18 nays, and 3 abstentions, the Palestinian
Authority’s first prime minister, Mahmoud Abbas
(Abu Mazen), and his cabinet.
(9) In his remarks prior to the vote of the Pal-
estinian Legislative Council, Mr. Abbas declared:
‘‘The government will concentrate on the question of
security . . . The unauthorized possession of weap-
ons, with its direct threat to the security of the pop-
408
ulation, is a major concern that will be relentlessly
addressed . . . There will be no other decision-mak-
ing authority except for the Palestinian Authority.’’.
(10) In those remarks, Mr. Abbas further stat-
ed: ‘‘We denounce terrorism by any party and in all
its forms both because of our religious and moral
traditions and because we are convinced that such
methods do not lend support to a just cause like
ours but rather destroy it.’’.
(11) Israel has repeatedly indicated its willing-
ness to make painful concessions to achieve peace
once there is a partner for peace on the Palestinian
side.
SEC. 1603. PURPOSES.
The purposes of this title are—
(1) to express the sense of Congress with re-
spect to United States recognition of a Palestinian
state; and
(2) to demonstrate United States willingness to
provide substantial economic and humanitarian as-
sistance, and to support large-scale multilateral as-
sistance, after the Palestinians have achieved the re-
forms outlined by President Bush and have achieved
peace with the State of Israel.
409
SEC. 1604. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) peace between Israel and the Palestinians
cannot be negotiated until the Palestinian system of
government has been transformed along the lines
outlined in President Bush’s June 24, 2002, speech;
(2) substantial United States and international
economic assistance will be needed after the Pal-
estinians have achieved the reforms described in sec-
tion 620K(c)(2) of the Foreign Assistance Act of
1961 (as added by section 1706 of this Act) and
have made a lasting and secure peace with Israel;
(3) the Palestinian people merit commendation
on the confirmation of the Palestinian Authority’s
first prime minister, Mahmoud Abbas (Abu Mazen),
and his cabinet;
(4) the new Palestinian administration urgently
should take the necessary security-related steps to
allow for implementation of a performance-based
road map to resolve the Israeli-Palestinian conflict;
(5) the United States Administration should
work vigorously toward the goal of two states living
side-by-side in peace within secure and internation-
ally-recognized boundaries free from threats or acts
of force; and
410
(6) the United States has a vital national secu-
rity interest in a permanent, comprehensive, and
just resolution of the Arab-Israeli conflict, and par-
ticularly the Palestinian-Israeli conflict, based on the
terms of United Nations Security Council Resolu-
tions 242 and 338.
SEC. 1605. RECOGNITION OF A PALESTINIAN STATE.
It is the sense of Congress that a Palestinian state
should not be recognized by the United States until the
President determines that—
(1) a new leadership of a Palestinian governing
entity, not compromised by terrorism, has been
elected and taken office; and
(2) the newly-elected Palestinian governing
entity—
(A) has demonstrated a firm and tangible
commitment to peaceful coexistence with the
State of Israel and to ending anti-Israel incite-
ment, including the cessation of all officially
sanctioned or funded anti-Israel incitement;
(B) has taken appropriate measures to
counter terrorism and terrorist financing in the
West Bank and Gaza, including the dismantling
of terrorist infrastructures and the confiscation
of unlawful weaponry;
411
(C) has established a new Palestinian secu-
rity entity that is fully cooperating with the ap-
propriate Israeli security organizations;
(D) has achieved exclusive authority and
responsibility for governing the national affairs
of a Palestinian state, has taken effective steps
to ensure democracy, the rule of law, and an
independent judiciary, and has adopted other
reforms ensuring transparent and accountable
governance; and
(E) has taken effective steps to ensure that
its education system promotes the acceptance of
Israel’s existence and of peace with Israel and
actively discourages anti-Israel incitement.
SEC. 1606. LIMITATION ON ASSISTANCE TO A PALESTINIAN
STATE.
Chapter 1 of part III of the Foreign Assistance Act
of 1961 (22 U.S.C. 2351 et seq.) is amended—
(1) by redesignating the second section 620G
(as added by section 149 of Public Law 104–164
(110 Stat. 1436)) as section 620J; and
(2) by adding at the end the following new sec-
tion:
412
‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO A PALES-
TINIAN STATE.
‘‘(a) LIMITATION.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, assistance may be provided under
this Act or any other provision of law to the govern-
ment of a Palestinian state only during a period for
which a certification described in subsection (c) is in
effect. The limitation contained in the preceding sen-
tence shall not apply (A) to humanitarian or devel-
opment assistance that is provided through non-
governmental organizations for the benefit of the
Palestinian people in the West Bank and Gaza, or
(B) to assistance that is intended to reform the Pal-
estinian Authority and affiliated institutions, or a
newly elected Palestinian governing entity, in order
to help meet the requirements contained in subpara-
graphs (A) through (H) of subsection (c)(2) or to
address the matters described in subparagraphs (A)
through (E) of section 1705(2) of the Israeli-Pales-
tinian Peace Enhancement Act of 2003.
‘‘(2) WAIVER.—The President may waive the
limitation of the first sentence of paragraph (1) if
the President determines and certifies to the Com-
mittee on International Relations of the House of
Representatives and the Committee on Foreign Re-
414
a secure and internationally recognized bound-
ary for both states, with no remaining terri-
torial claims;
‘‘(C) provides a permanent resolution for
both Palestinian refugees and Jewish refugees
from Arab countries; and
‘‘(D) includes a renunciation of all remain-
ing Palestinian claims against Israel through
provisions that commit both sides to the ‘‘end
of the conflict’’; and
‘‘(2) the new Palestinian government—
‘‘(A) has been democratically elected
through free and fair elections, has exclusive
authority and responsibility for governing the
national affairs of the Palestinian state, and
has achieved the reforms outlined by President
Bush in his June 24, 2002, speech;
‘‘(B) has completely renounced the use of
violence against the State of Israel and its citi-
zens, is vigorously attempting to prevent any
acts of terrorism against Israel and its citizens,
and punishes the perpetrators of such acts in a
manner commensurate with their actions;
415
‘‘(C) has dismantled, and terminated the
funding of, any group within its territory that
conducts terrorism against Israel;
‘‘(D) is engaging in ongoing and extensive
security cooperation with the State of Israel;
‘‘(E) refrains from any officially sanctioned
or funded statement or act designed to incite
Palestinians or others against the State of
Israel and its citizens;
‘‘(F) has an elected leadership not com-
promised by terror;
‘‘(G) is demilitarized; and
‘‘(H) has no alliances or agreements that
pose a threat to the security of the State of
Israel.
‘‘(d) RECERTIFICATIONS.—Not later than 90 days
after the date on which the President transmits to Con-
gress an initial certification under subsection (c), and
every 6 months thereafter for the 10-year period beginning
on the date of transmittal of such certification—
‘‘(1) the President shall transmit to Congress a
recertification that the requirements contained in
subsection (c) are continuing to be met; or
416
‘‘(2) if the President is unable to make such a
recertification, the President shall transmit to Con-
gress a report that contains the reasons therefor.
‘‘(e) RULE
OF
CONSTRUCTION.—A certification
under subsection (c) shall be deemed to be in effect begin-
ning on the day after the last day of the 10-year period
described in subsection (d) unless the President subse-
quently determines that the requirements contained in
subsection (c) are no longer being met and the President
transmits to Congress a report that contains the reasons
therefor.’’.
SEC. 1607. AUTHORIZATION OF ASSISTANCE TO A PALES-
TINIAN STATE.
Chapter 1 of part III of the Foreign Assistance Act
of 1961 (22 U.S.C. 2351 et seq.), as amended by section
1706, is further amended by adding at the end the fol-
lowing new section:
‘‘SEC. 620L. AUTHORIZATION OF ASSISTANCE TO A PALES-
TINIAN STATE.
‘‘(a) ASSISTANCE.—The President is authorized to
provide assistance to a Palestinian state in accordance
with the requirements of this section.
‘‘(b) ACTIVITIES TO BE SUPPORTED.—Assistance
provided under subsection (a) shall be used to support ac-
tivities within a Palestinian state to substantially improve
417
the economy and living conditions of the Palestinians by,
among other things, providing for economic development
in the West Bank and Gaza, continuing to promote democ-
racy and the rule of law, developing water resources, as-
sisting in security cooperation between Israelis and Pal-
estinians, and helping with the compensation and rehabili-
tation of Palestinian refugees.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—Of the
amounts made available to carry out chapter 4 of part
II of this Act for a fiscal year, there are authorized to
be appropriated to the President to carry out subsections
(a) and (b) such sums as may be necessary for each such
fiscal year.
‘‘(d) COORDINATION
OF INTERNATIONAL ASSIST-
ANCE.—
‘‘(1) IN GENERAL.—Beginning on the date on
which the President transmits to Congress an initial
certification under section 620K(c) of this Act, the
Secretary of State shall seek to convene one or more
donors conferences to gain commitments from other
countries, multilateral institutions, and nongovern-
mental organizations to provide economic assistance
to Palestinians to ensure that such commitments to
provide assistance are honored in a timely manner,
to ensure that there is coordination of assistance
418
among the United States and such other countries,
multilateral institutions, and nongovernmental orga-
nizations, to ensure that the assistance provided to
Palestinians is used for the purposes for which is
was provided, and to ensure that other countries,
multilateral institutions, and nongovernmental orga-
nizations do not provide assistance to Palestinians
through entities that are designated as terrorist or-
ganizations under United States law.
‘‘(2) REPORT.—Not later than 180 days after
the date of the enactment of this section, and on an
annual basis thereafter, the Secretary of State shall
prepare and submit to the Committee on Inter-
national Relations and the Committee on Appropria-
tions of the House of Representatives and the Com-
mittee on Foreign Relations and the Committee on
Appropriations of the Senate a report that describes
the activities undertaken to meet the requirements
of paragraph (1), including a description of amounts
committed, and the amounts provided, to a Pales-
tinian state or Palestinians during the reporting pe-
riod by each country and organization.’’.
419
TITLE XVII—ACCESS FOR
AFGHAN WOMEN
SEC. 1701. SHORT TITLE.
This title may be cited as the ‘‘Access for Afghan
Women Act of 2003’’.
SEC. 1702. FINDINGS.
Congress makes the following findings:
(1) Despite the removal of the Taliban from
power, women in Afghanistan continue to experience
brutal and frequent violation of their human rights,
generally outside of Kabul where warlords are re-
exerting control.
(2) Strong and continued support from the
United States and the international community can
ensure that the advances made by Afghan women
since the fall of the Taliban will continue and grow,
rather than recede.
(3) While the United States and the inter-
national community continue to make substantial
contributions to emergency humanitarian and relief
operations in Afghanistan, the establishment of a
stable, peaceful, prosperous, and democratic Afghan-
istan with a broad-based, multi-ethnic, gender-sen-
sitive, and fully representative government requires
420
a significant increase in long-term investments in de-
velopment and reconstruction assistance.
(4) The maternal mortality rate in Afghanistan
is among the highest in the world, with recent re-
ports estimating that every 30 minutes an Afghan
woman dies of pregnancy related causes, or approxi-
mately 15,000 women every year. The estimated ma-
ternal mortality rate of 1,600 deaths per 100,000
live births can be significantly reduced through ac-
cess to primary health care services, including safe
birthing supplies, emergency obstetric care, prenatal
and postnatal care, contraception, and prevention
and treatment for the effects of sexual coercion and
rape.
(5) Women comprise 75 percent or more of the
refugees and internally displaced in camps, urban
areas, and villages in Afghanistan.
(6) 85 percent of Afghanistan’s population lives
in rural areas. The women in rural areas perform
vital roles in food production, processing, and prepa-
ration. Successful reconstruction and development
assistance must target rural women as part of any
agricultural interventions.
(7) Within Afghanistan and outside of Afghani-
stan, local women’s organizations are delivering crit-
421
ical services and have the knowledge and experience
to assist the United States in delivering effective re-
lief aid.
(8) The Afghan Ministry for Women’s Affairs is
an important ministry that is essential for re-estab-
lishing women’s human rights, ensuring that women
are included in all development efforts, and deliv-
ering critical legal, health, education, and economic
services to women throughout Afghanistan’s 30
provinces.
(9) Afghan women are taking the initiative to
reach across the conflict divide and foster peace.
Women’s perspectives and experiences in seeking so-
lutions to conflicts are necessary to ensure lasting
peace.
(10) The inadequate security situation in Af-
ghanistan disproportionately impacts women and
girls as the lack of rule of law results in the frequent
assault, kidnapping, and sexual abuse of Afghan
women and girls throughout Afghanistan.
(11) 
Despite 
significant 
improvements 
in
healthcare and education infrastructure for women
and girls in Afghanistan, the lack of security and
rule of law throughout most of Afghanistan effec-
422
tively denies access to these facilities and the critical
services they provide.
SEC. 1703. ESTABLISHMENT OF AFGHAN WOMEN’S FUND.
(a) ESTABLISHMENT.—The Administrator of the
United States Agency for International Development shall
establish a fund for the purpose of assisting women and
girls in Afghanistan in the areas of political and human
rights, health care, education, training, security, and shel-
ter.
(b) ACTIVITIES SUPPORTED.—The fund established
under subsection (a) shall support the activities described
in section 103(a)(7) of the Afghanistan Freedom Support
Act of 2002 and the following activities:
(1) Direct financial and programmatic assist-
ance to the Ministry of Women’s Affairs in Afghani-
stan (hereafter in this section referred to as the
‘‘Ministry’’) to promote the strengthening of the
Ministry as the Government of Afghanistan con-
tinues its transition to a long-term government
structure and to enable the Ministry to fulfill its
mandate. The Ministry may use such assistance to
support activities such as the following:
(A) Multiyear women-centered economic
development programs, including programs to
423
assist widows, female heads of household,
women in rural areas, and disabled women.
(B) Collaboration with the Ministry of
Health to construct culturally appropriate
health infrastructure and delivery of high-qual-
ity comprehensive health care programs, includ-
ing primary, maternal, child, reproductive, and
mental health care.
(C) Programs to prevent trafficking in per-
sons, assist victims, and apprehend and pros-
ecute traffickers in persons.
(2) Direct financial assistance to the National
Human Rights Commission of Afghanistan.
(3) Construction of women’s educational facili-
ties in Afghanistan.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
not less than $22,500,000 for each of the fiscal years
2003, 2004, and 2005 and such sums as are necessary
for each subsequent fiscal year.
SEC. 1704. ASSISTANCE TO AFGHANISTAN.
Notwithstanding any other provision of law, not less
than 15 percent of the aggregate amount of economic and
humanitarian assistance authorized to be appropriated
under section 1703(c) to be made available to Afghanistan
424
for each of the fiscal years 2003, 2004, and 2005 shall
be made available for assistance directly to Afghan-led
local nongovernmental organizations, including Afghan
women-led organizations, with demonstrated experience in
delivering services to Afghan women and children to sup-
port their programmatic activities and organizational de-
velopment. In recognition of the appreciating capacity of
Afghan-led local nongovernmental organizations, including
Afghan women-led organizations, an appropriate percent-
age of the aggregate amount of economic and humani-
tarian assistance authorized to be made available to Af-
ghanistan for fiscal year 2006 and each subsequent fiscal
year shall be made available for assistance directly to Af-
ghan-led local nongovernmental organizations, including
Afghan women-led organizations.
SEC. 1705. REQUIREMENTS RELATING TO UNITED STATES
ACTIVITIES IN AFGHANISTAN.
(a) IN GENERAL.—Activities described in subsections
(b) through (e) that are carried out by the United States
in Afghanistan should comply with the applicable require-
ments contained in such subsections.
(b) GOVERNANCE OF AFGHANISTAN.—With respect
to the governance of Afghanistan, the applicable require-
ments are the following:
425
(1) Include the perspectives and advice of Af-
ghan women’s organizations, networks, and leaders
in United States policymaking related to the govern-
ance of Afghanistan.
(2) Promote the inclusion of a significant num-
ber of women in future legislative bodies to ensure
that women’s full range of human rights are in-
cluded and upheld in any constitution or legal struc-
tures of Afghanistan.
(3) Encourage the appointment of women to
high level positions within Afghan Ministries.
(c) POST-CONFLICT RECONSTRUCTION AND DEVEL-
OPMENT.—With respect to activities relating to post-con-
flict stability in Afghanistan, the applicable requirements
are the following:
(1) Encourage United States organizations that
receive funds authorized by this title to partner with
or create Afghan-led counterpart organizations and
provide these organizations with significant financial
resources, technical assistance, and capacity build-
ing.
(2) Increase women’s access to or ownership of
productive assets such as land, water, agricultural
inputs, credit, and property.
426
(3) Provide long-term financial assistance for
primary, secondary, higher, nontraditional, and voca-
tional education for Afghan girls, women, boys, and
men.
(4) Integrate education and training programs
for former combatants with economic development
programs to encourage their reintegration into soci-
ety and to promote post-conflict stability.
(5) Provide assistance to rehabilitate children
affected by the conflict, particularly child soldiers.
(6) Support educational efforts to increase
awareness with respect to landmines, facilitate the
removal of landmines, and provide services to indi-
viduals with disabilities caused by landmines.
(d) AFGHAN MILITARY AND POLICE.—With respect
to training for military and police forces in Afghanistan,
the applicable requirements are the following:
(1) Include training on the protection, rights,
and the particular needs of women and emphasize
that violations of women’s rights are intolerable and
should be prosecuted.
(2) Encourage such trainers who will carry out
the activities in paragraph (1) to consult with wom-
en’s organizations in Afghanistan to ensure that
427
training content and materials are adequate, appro-
priate, and comprehensive.
(e) RELIEF, RESETTLEMENT, AND REPATRIATION OF
REFUGEES
AND INTERNALLY DISPLACED PERSONS.—
With respect to the relief, resettlement, and repatriation
of refugees and internally displaced persons in Afghani-
stan, the applicable requirements are the following:
(1) Take all necessary steps to ensure that
women refugees and internally displaced persons in
camps, urban areas, and villages are directly receiv-
ing food aid, shelter, relief supplies, and other serv-
ices from United States-sponsored programs.
(2) Take all necessary steps to ensure that
women refugees in camps, urban areas, and villages
are accessing high-quality health and medical serv-
ices, including primary, maternal, child, and mental
health services.
(3) Take all necessary steps to ensure that
women and children in refugee camps are protected
from sexual exploitation.
(4) Take all necessary steps to ensure refugees
and internally displaced persons that seek to return
to their place of origin can do so voluntarily, safely,
and with the full protection of their rights. United
States-sponsored efforts shall not coerce refugees or
428
internally displaced persons to return to their places
of origin.
SEC. 1706. REPORTING REQUIREMENTS.
Not later than 60 days after the date of the enact-
ment of this Act, and annually thereafter, the President
shall prepare and transmit to Congress a report that con-
tains documentation of the progress in implementing the
requirements of section 1705. All data in the report shall
be disaggregated by gender.
TITLE 
XVIII—MISCELLANEOUS
FOREIGN ASSISTANCE PROVI-
SIONS
SEC. 1801. ADDITIONAL AUTHORITIES RELATING TO INTER-
NATIONAL 
NARCOTICS 
CONTROL 
ASSIST-
ANCE.
Notwithstanding any other provision of law, assist-
ance provided by the United States Government to sup-
port international efforts to combat aerial trafficking of
illicit narcotics under chapter 8 of part I of the Foreign
Assistance Act of 1961 or under any other provision of
law shall include the authority to interdict illicit arms in
connection with the trafficking of illicit narcotics.
429
SEC. 1802. UNITED STATES OPIUM ERADICATION PROGRAM
IN COLOMBIA.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of State, acting through
the Department of State’s Narcotics Affairs Section
(NAS) in Bogota, Colombia, shall ensure that all pilots
participating in the United States opium eradication pro-
gram in Colombia are Colombians and are fully trained,
qualified, and experienced pilots, with preference provided
to individuals who are members of the Colombian National
Police.
SEC. 1803. COOPERATIVE DEVELOPMENT PROGRAM.
Of the amounts made available for development as-
sistance under the Foreign Assistance Act of 1961, not
less than $2,000,000 for each of the fiscal years 2004 and
2005 are authorized to be made available to finance
projects among the United States, Israel, and developing
countries in Africa under the Cooperative Development
Program.
SEC. 1804. WEST BANK AND GAZA PROGRAM.
(a) OVERSIGHT.—For fiscal year 2004, the Secretary
of State shall certify to the appropriate committees of
Congress not later than 30 days prior to the initial obliga-
tion of funds for the West Bank and Gaza that procedures
have been established to assure the Comptroller General
will have access to appropriate United States financial in-
430
formation in order to review the use of United States as-
sistance for the West Bank and Gaza funded under chap-
ter 4 of part II of the Foreign Assistance Act of 1961
(‘‘Economic Support Fund’’).
(b) VETTING.—Prior to any obligation of funds au-
thorized to be appropriated to carry out chapter 4 of part
II of the Foreign Assistance Act of 1961 for assistance
for the West Bank and Gaza, the Secretary of State shall
take all appropriate steps to ensure that such assistance
is not provided to or through any individual or entity that
the Secretary knows, or has reason to believe, advocates,
plans, sponsors, engages in, or has engaged in, terrorist
activity. The Secretary of State shall, as appropriate, es-
tablish procedures specifying the steps to be taken in car-
rying out this subsection.
(c) AUDITS.—
(1) IN
GENERAL.—The Administrator of the
United States Agency for International Development
shall ensure that independent audits of all contrac-
tors and grantees, and significant subcontractors
and subgrantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis
to ensure, among other things, compliance with this
section.
431
(2) AUDITS
BY
INSPECTOR
GENERAL
OF
USAID.—Of the funds authorized to be appropriated
by this Act to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 that are made avail-
able for assistance for the West Bank and Gaza, up
to $1,000,000 may be used by the Office of the In-
spector General of the United States Agency for
International Development for audits, inspections,
and other activities in furtherance of the require-
ments of paragraph (1). Such funds are in addition
to funds otherwise available for such purposes.
SEC. 1805. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON
INCITEMENT TO ACTS OF DISCRIMINATION.
(a) COUNTRIES
RECEIVING
ECONOMIC
ASSIST-
ANCE.—Section 116(d) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n(d)) is amended—
(1) in paragraph (9), by striking ‘‘and’’ at the
end;
(2) in paragraph (10), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(11)(A) wherever applicable, in a separate sec-
tion with a separate heading, a description of the
nature and extent of—
433
ple, and (ii) a description of the actions, if any, taken by
the government of the country to eliminate such propa-
ganda or incitement.’’.
SEC. 1806. ASSISTANCE TO EAST TIMOR.
Section 632(b)(1) of the Foreign Relations Author-
ization Act, Fiscal Year 2003 (Public Law 107–228) is
amended by striking ‘‘the fiscal year 2003’’ and inserting
‘‘each of the fiscal years 2003, 2004, and 2005’’.
SEC. 1807. SUPPORT FOR DEMOCRACY-BUILDING EFFORTS
FOR CUBA.
(a) STATEMENT OF POLICY.—It is the policy of the
United States to support those individuals and groups who
struggle for freedom and democracy in Cuba, including
human rights dissidents, independent journalists, inde-
pendent labor leaders, and other opposition groups.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated to the President to carry out section
109(a) of Public Law 104–114 (22 U.S.C. 6039(a))
$15,000,000 for each of the fiscal years 2004 and
2005.
(2) ADDITIONAL AUTHORITIES.—Amounts ap-
propriated pursuant to the authorization of appro-
priations under subsection (a)—
434
(A) are authorized to remain available
until expended; and
(B) are in addition to amounts otherwise
available for such purposes.
SEC. 1808. AMENDMENT TO THE AFGHANISTAN FREEDOM
SUPPORT ACT OF 2002.
The Afghanistan Freedom Support Act of 2002 (22
U.S.C. 7501 et seq.) is amended—
(1) in section 103(a) by striking ‘‘section 512
of Public Law 107–115 or any similar’’ and insert-
ing ‘‘any other’’; and
(2) in section 207(b) by striking ‘‘section 512
of Public Law 107–115 or any similar’’ and insert-
ing ‘‘any other’’.
SEC. 1809. CONGO BASIN FOREST PARTNERSHIP.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the President to carry
out the Congo Basin Forest Partnership (CBFP) program
$18,600,000 for each of the fiscal years 2004 and 2005.
Of the amounts appropriated pursuant to the authoriza-
tion of appropriations under the preceding sentence for
a fiscal year, $16,000,000 is authorized to be made avail-
able to the Central Africa Regional Program for the Envi-
ronment (CARPE) of the United States Agency for Inter-
national Development.
435
(b) AVAILABILITY.—Amounts appropriated pursuant
to the authorization of appropriations under subsection (a)
are authorized to remain available until expended.
SEC. 1810. COMBATTING THE PIRACY OF UNITED STATES
COPYRIGHTED MATERIALS.
(a) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to such amounts as may otherwise be authorized to
be appropriated for such purpose, there are authorized to
be appropriated for the Department of State, $10,000,000
to carry out the following activities in countries that are
not members of the Organization for Economic Coopera-
tion and Development (OECD):
(1) Provision of equipment and training for for-
eign law enforcement, including in the interpretation
of intellectual property laws.
(2) Training for judges and prosecutors, includ-
ing in the interpretation of intellectual property
laws.
(3) Assistance in complying with obligations
under appropriate international copyright and intel-
lectual property treaties and agreements.
(b) CONSULTATION
WITH WORLD INTELLECTUAL
PROPERTY ORGANIZATION.—In carrying out subsection
(a), the Department of State should make every effort to
consult with, and provide appropriate assistance to, the
436
World Intellectual Property Organization to promote the
integration of non-OECD countries into the global intel-
lectual property system.
SEC. 1811. ASSISTANCE FOR LAW ENFORCEMENT FORCES
IN CERTAIN FOREIGN COUNTRIES.
Notwithstanding section 660 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2420), the Administrator of
the United States Agency for International Development
is authorized to provide assistance for fiscal years 2004
and 2005 to—
(1) law enforcement agencies of the Govern-
ment of India for the purposes of enhancing their
capacity for medical-first-response and search-and-
rescue operations after a natural disaster, improving
the access of women to justice, and combating the
trafficking of persons; and
(2) the new police force of Northern Ireland for
the purpose of providing computer-based, human-
rights and other professional training, and the law
enforcement agencies of the Republic of Ireland
(ROI) for the purposes of fostering greater coopera-
tion and communication between the police force of
the Republic of Ireland and the new police force of
Northern Ireland, as recommended by the Patten
Commission.
437
SEC. 1812. HUMAN RIGHTS AND DEMOCRACY FUND.
Section 664(c)(1) of the Freedom Investment Act of
2002 (subtitle E of title VI of division A of Public Law
107–228; 22 U.S.C. 2151n–2(c)(1)) is amended—
(1) by striking ‘‘for fiscal year 2003’’ and in-
serting ‘‘for each of the fiscal years 2003 through
2005’’; and
(2) by striking ‘‘$21,500,000 is’’ and inserting
‘‘$21,500,000 for fiscal year 2003, $24,000,000 for
fiscal year 2004, and such sums as may be nec-
essary for fiscal year 2005 are’’.
SEC. 1813. ENHANCED POLICE TRAINING.
(a) IN GENERAL.—Section 660(b) of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2420(b)) is amended—
(1) in paragraph (7), by striking the period at
the end and inserting ‘‘; or’’; and
(2) by adding at the end the following new
paragraph:
‘‘(8) with respect to assistance provided to en-
hance the effectiveness and accountability of civilian
police authority through training and technical as-
sistance in internationally recognized human rights,
the rule of law, strategic planning, and counter-nar-
cotics, and through the promotion of civilian police
roles that support democratic governance, including
programs to combat corruption and the trafficking
438
of persons, particularly by organized crime, prevent
conflict, and foster improved police relations with
the communities in which they serve.’’.
(b) NOTIFICATION REQUIREMENT.—Section 660 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2420) is
amended by adding at the end the following new sub-
section:
‘‘(e) Funds may not be obligated for assistance under
subsection (b)(8) unless the Secretary of State notifies the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations
of the Senate of the amount and nature of the proposed
assistance at least 15 days in advance of the proposed obli-
gation in accordance with the procedures applicable to re-
programming notifications pursuant to section 634A of
this Act. Such notification shall include a comprehensive
report and, where practicable, a plan describing the police
assistance and rule of law programs of relevant United
States agencies for each country which is to receive assist-
ance under section 660(b)(8).’’.
SEC. 1814. PROMOTING A SECURE AND DEMOCRATIC AF-
GHANISTAN.
(a) FINDINGS.—The Congress finds that—
(1) the United States has a vital interest in
promoting Afghanistan’s transition from chaos, civil
439
war, and disorder to an increasingly prosperous
democratic state, safe and secure with its neighbors,
respecting human rights, particularly the rights of
women and girls, dedicated to the liberty, literacy,
and enrichment of its citizens, and serving as a
model for other countries;
(2) basic security in the major cities and along
key transportation routes is critical to the recon-
struction and development of Afghanistan, including
fostering implementation of the Bonn Agreement,
achieving progress towards a democratic and toler-
ant government, and encouraging international pri-
vate investment;
(3) Afghanistan and its people remain under se-
rious threat from terrorism, insurgency, widespread
crime, banditry, intimidation, rape, and suppression
of minorities and women, and other grave violations
of human rights continue to occur, especially in
areas that do not have a routine presence of inter-
national security personnel;
(4) lethal clashes continue between the private
armies of warlords, attacks against Afghan civilians
and officials and United States and international or-
ganization personnel are on the rise, and threats
against civilians and whole villages not to cooperate
440
with Americans or the central government are now
routine;
(5) the growth, production, and trafficking of
Afghan opium and its derivatives pose a serious
threat to international peace and security and efforts
toward reconstruction in Afghanistan;
(6) recruitment and training of the Afghan Na-
tional Army and the Afghan National Police are se-
riously behind schedule and will not be at full
strength for several years, leaving the central gov-
ernment and Afghan citizens vulnerable to the dep-
redations of terrorists, insurgents, and the private
armies of warlords;
(7) although the 4,500 soldiers of the Inter-
national Security Assistance Force (ISAF) have pro-
vided much-needed security for the citizens of Kabul,
it is not within their mandate or power to promote
security to other areas, and human rights abuses are
continuing in areas in and around Kabul where
ISAF is not present;
(8) vastly disproportionate numbers of refugees
returning from neighboring countries have gone to
Kabul because of the security provided by ISAF and
the insecurity of their home areas, overwhelming
441
Kabul and far exceeding its capacity for shelter,
food, and employment;
(9) NATO has recently decided to take over re-
sponsibility for a limited ISAF, a welcome develop-
ment that will not, unfortunately, provide any addi-
tional security in Kabul or elsewhere;
(10) the United States has stated on numerous
occasions that it does not oppose the expansion of
ISAF, but that heretofore other countries have not
expressed a willingness to participate in an expanded
force;
(11) the United States has not itself dem-
onstrated a commitment to expansion of ISAF or a
similar international security or peacekeeping force,
a commitment to leadership that other nations may
more likely follow;
(12) the Secretary of Defense has announced
that the combat phase of the war in Afghanistan has
ended, and that the United States will be focusing
its efforts on a reconstruction phase utilizing lightly-
armed, 
platoon-sized 
Provincial 
Reconstruction
Teams to provide security for reconstruction efforts,
rather than an expanded international peacekeeping
or patrolling security force;
442
(13) the Provincial Reconstruction Teams may
prove inadequate to provide a significant level of se-
curity to their regions, and are not tasked to secure
the major transportation routes which are critical to
the economic revival of Afghanistan;
(14) United States and foreign nongovern-
mental aid workers and Afghan civilian aid workers
are at great risk of being robbed, beaten, and killed
in areas of Afghanistan that are not being patrolled
by United States forces or Afghan central govern-
ment forces;
(15) such acts of theft, intimidation, and mur-
der against foreign aid and Afghan civilian workers
are occurring with increasing frequency, and are
often deliberately committed by Taliban and other
insurgent and rebel forces with the intention of cre-
ating sufficient terror to undermine and arrest any
efforts to rebuild Afghanistan into a peaceful, demo-
cratic, and prosperous nation that prohibits ter-
rorism and tyranny;
(16) the report of the Inspector General of the
United States Agency for International Development
(USAID) confirms that USAID workers are virtual
captives in their compounds, able to venture out into
the countryside for brief periods and only under
443
heavy armed escort, conditions which are counter-
productive to their mission of assisting the people of
Afghanistan;
(17) the Taliban and al-Qaeda may believe they
only have to create enough terror and uncertainty in
the country to undermine the creation of strong rep-
resentative institutions, and wait until the United
States leaves to again create chaos, exploit tribal ri-
valries, and plunge Afghanistan back into chaos;
(18) failure to secure a peaceful and democratic
Afghanistan will diminish the credibility of efforts by
the United States and the international community
to promote peace and democracy elsewhere in the
Muslim world; and
(19) unless general security can be provided in
the major population areas, strategic highways, and
border crossings and chokepoints, the goals for
which the war in Afghanistan was fought may be
lost and the efforts and lives spent in the attempt
to liberate and rebuild Afghanistan may be wasted.
(b) SECURITY POLICY.—
(1) SECURITY ALONG HIGHWAYS.—The Presi-
dent shall take immediate steps to ensure that there
is adequate security along the length of highways
connecting major Afghan urban centers in order to
444
terminate and deter acts of banditry, illegal check-
points, human rights abuses, terrorism, and intimi-
dation against Afghan and foreign civilians and mili-
tary personnel.
(2) DISARMAMENT, ETC. OF
AFGHAN
MILI-
TIAS.—The President shall take immediate steps to
support directly the disarmament, demobilization,
and reintegration of Afghan militias and irregulars
that are not formally part of the Afghan National
Army or under the direct control of the central gov-
ernment in Afghanistan.
(c) SENSE OF CONGRESS.—It is the sense of the Con-
gress that the President should take steps to implement
section 206(d) of the Afghanistan Freedom Support Act
of 2002 (Public Law 107–327) to expand significantly the
International Security Assistance Force, or take such
other steps as may be necessary, such as increasing the
number and force levels of United States Provincial Re-
construction Teams, so as to—
(1) increase the area in which security is pro-
vided and undertake vital tasks related to promoting
security, such as disarming warlords militias and
irregulars;
(2) deter criminal activity, including rape, rob-
bery, and intimidation of civilians; and
445
(3) safeguard highways in order to allow gov-
ernmental and nongovernmental assistance and re-
construction personnel to move more freely in the
countryside to provide humanitarian relief and re-
build Afghanistan.
SEC. 1815. GRANTS TO THE AFRICA SOCIETY.
(a) GRANTS TO THE AFRICA SOCIETY.—For any fis-
cal year, the Secretary of State is authorized to make
grants to the Africa Society to carry out programs and
activities that advance United States interests and values
in Africa through public and private partnerships that fa-
cilitate the continent’s political transition to more open
democratic societies, support equitable economic growth
through trade and investment, support efforts to promote
transparency and openness through the public and private
sectors, encourage civil society growth and development,
and promote awareness of all Americans about Africa,
consistent with a grant agreement under such terms as
the Secretary of State considers necessary and appro-
priate.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$1,000,000 for the fiscal year 2004 and such sums as may
be necessary for the fiscal year 2005.
446
SEC. 1816. ASSISTANCE TO TAMIL NADU.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) Several United States businesses invested
more than $800,000,000 in capital in the Indian
State of Tamil Nadu to build and operate state-of-
the-art electric generation facilities to serve local
customers.
(2) For nearly 2 years since these power plants
went into service, the Tamil Nadu Electricity Board
has violated the principle of contract sanctity by
consistently refusing to pay the contractually-re-
quired price for the electricity produced by these
companies.
(3) The Tamil Nadu Electricity Board now
owes these United States companies in excess of
$150,000,000 in arrearages despite repeated assur-
ances by the Government of Tamil Nadu that the
situation would be resolved.
(4) All of the projects are in a technical state
of default on the principal of their loans and none
of the United States companies is making a return
on their equity.
(b) RESTRICTION.—No funds authorized by this Act
(including any amendments made by this Act) or author-
ized under any other provision of law may be used to di-
447
rectly or indirectly support any programs, projects, or ac-
tivities (other than humanitarian, health, or rule of law
programs, projects, or activities) located in or designed to
benefit the State of Tamil Nadu, India.
SEC. 1817. TRANSFER OF NAVAL VESSELS TO CERTAIN FOR-
EIGN COUNTRIES.
(a) TRANSFERS BY GRANT.—The President is au-
thorized to transfer vessels to foreign countries on a grant
basis under section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j), as follows:
(1) BAHRAIN.—To the Government of Bahrain,
the OLIVER HAZARD PERRY class guided missile
frigate GEORGE PHILIP (FFG 12).
(2) PORTUGAL.—To the Government of Por-
tugal, the OLIVER HAZARD PERRY class guided
missile frigate SIDES (FFG 14).
(b) TRANSFERS BY SALE.—The President is author-
ized to transfer vessels to foreign countries on a sale basis
under section 21 of the Arms Export Control Act (22
U.S.C. 2761) as follows:
(1) BRAZIL.—To the Government of Brazil, the
SPRUANCE class destroyer O’BRIEN (DD 975).
(2) CHILE.—To the Government of Chile, the
SPRUANCE class destroyer FLETCHER (DD
992).
448
(3) TURKEY.—To the Government of Turkey,
the ANCHORAGE class dock landing ship AN-
CHORAGE (LSD 36).
(c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF
TRANSFERRED EXCESS DEFENSE ARTICLES.—The value
of a vessel transferred to another country on a grant basis
under section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j) pursuant to authority provided by sub-
section (a) shall not be counted against the aggregate
value of excess defense articles transferred to countries in
any fiscal year under subsection (g) of that section.
(d) COSTS OF TRANSFERS ON GRANT BASIS.—Any
expense incurred by the United States in connection with
a transfer authorized to be made on a grant basis under
section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j) pursuant to the authority provided by sub-
section (a) shall be charged to the recipient (notwith-
standing section 516(e)(1) of such Act).
(e) REPAIR
AND
REFURBISHMENT
IN
UNITED
STATES SHIPYARDS.—To the maximum extent prac-
ticable, the President shall require, as a condition of the
transfer of a vessel under this section, that the country
to which the vessel is transferred have such repair or re-
furbishment of the vessel as is needed, before the vessel
joins the naval forces of that country, performed at a ship-
449
yard located in the United States, including a United
States Navy shipyard.
(f) EXPIRATION OF AUTHORITY.—The authority to
transfer a vessel under this section shall expire at the end
of the two-year period beginning on the date of the enact-
ment of this Act.
SEC. 1818. ASSISTANCE TO COMBAT HIV/AIDS IN CERTAIN
COUNTRIES OF THE CARIBBEAN REGION.
Section 1(f)(2)(B)(ii)(VII) of the State Department
Basic 
Authorities 
Act 
of 
1956 
(22 
U.S.C.
2651a(f)(2)(B)(ii)(VII)) is amended by inserting after
‘‘Zambia,’’ the following: ‘‘Antigua and Barbuda, the
Bahamas, Barbados, Belize, Dominica, Grenada, Jamaica,
Montserrat, Saint Kitts and Nevis, Saint Vincent and the
Grenadines, Saint Lucia, Suriname, Trinidad and Tobago,
Dominican Republic,’’.
SEC. 1819. REPORT ON PROGRESS MADE IN MODIFYING
THE ENHANCED HIPC INITIATIVE.
Within 90 days after the date of the enactment of
this Act, and annually thereafter, the Secretary of the
Treasury shall submit to the Committees on Financial
Services, on Appropriations, and on International Rela-
tions of the House of Representatives and the Committees
on Foreign Relations and on Appropriations of the Senate
a written report that describes the progress made in modi-
450
fying the Enhanced HIPC Initiative (as defined in section
1625(e)(3) of the International Financial Institutions Act)
as called for in section 501 of of the United States Leader-
ship Against HIV/AIDS, Tuberculosis, and Malaria Act
of 2003.
DIVISION E—ASSISTANCE FOR
VIET NAM
TITLE XX—CONDITIONS ON IN-
CREASED 
NONHUMANI-
TARIAN ASSISTANCE TO THE
GOVERNMENT OF VIET NAM
SEC. 2001. BILATERAL NONHUMANITARIAN ASSISTANCE.
(a) ASSISTANCE.—
(1) IN GENERAL.—United States nonhumani-
tarian assistance may not be provided to the Govern-
ment of Viet Nam in an amount exceeding the
amount so provided for fiscal year 2003—
(A) for fiscal year 2004 unless not later
than 30 days after the date of the enactment of
this Act the President determines and certifies
to Congress that the requirements of subpara-
graphs (A) through (D) of paragraph (2) have
been met during the 12–month period ending
on the date of the certification; and
451
(B) for each subsequent fiscal year unless
the President determines and certifies to Con-
gress in the most recent annual report sub-
mitted pursuant to section 501 that the re-
quirements of subparagraphs (A) through (E)
of paragraph (2) have been met during the 12–
month period covered by the report.
(2) REQUIREMENTS.—The requirements of this
paragraph are that—
(A) the Government of Viet Nam has made
substantial progress toward releasing all polit-
ical and religious prisoners from imprisonment,
house arrest, and other forms of detention;
(B)(i) the Government of Viet Nam has
made substantial progress toward respecting
the right to freedom of religion, including the
right to participate in religious activities and in-
stitutions without interference by or involve-
ment of the Government; and
(ii) has made substantial progress to-
ward returning estates and properties con-
fiscated from the churches;
(C) the Government of Viet Nam has made
substantial progress toward allowing Viet-
452
namese nationals free and open access to
United States refugee programs;
(D) the Government of Viet Nam has
made substantial progress toward respecting
the human rights of members of ethnic minority
groups in the Central Highlands and elsewhere
in Viet Nam; and
(E)(i) neither any official of the Govern-
ment of Viet Nam nor any agency or entity
wholly or partly owned by the Government of
Viet Nam was complicit in a severe form of
trafficking in persons; or
(ii) the Government of Viet Nam took
all appropriate steps to end any such com-
plicity and hold such official, agency, or
entity fully accountable for its conduct.
(b) EXCEPTION.—
(1) CONTINUATION OF ASSISTANCE IN THE NA-
TIONAL INTEREST.—Notwithstanding the failure of
the Government of Viet Nam to meet the require-
ments of subsection (a)(2), the President may waive
the application of subsection (a) for any fiscal year
if the President determines that the provision to the
Government of Viet Nam of increased United States
nonhumanitarian assistance would promote the pur-
453
poses of this Act or is otherwise in the national in-
terest of the United States.
(2) EXERCISE
OF
WAIVER
AUTHORITY.—The
President may exercise the authority under para-
graph (2) with respect to—
(A) all United States nonhumanitarian as-
sistance to Viet Nam; or
(B) one or more programs, projects, or ac-
tivities of such assistance.
(c) DEFINITIONS.—In this section:
(1) SEVERE FORM OF TRAFFICKING IN PER-
SONS.—The term ‘‘severe form of trafficking in per-
sons’’ means any activity described in section 103(8)
of the Trafficking Victims Protection Act of 2000
(Public Law 106–386 (114 Stat. 1470); 22 U.S.C.
7102(8)).
(2) UNITED
STATES
NONHUMANITARIAN
AS-
SISTANCE.—The term ‘‘United States nonhumani-
tarian assistance’’ means—
(A) any assistance under the Foreign As-
sistance Act of 1961 (including programs under
title IV of chapter 2 of part I of that Act, relat-
ing to the Overseas Private Investment Cor-
poration), other than—
454
(i) disaster relief assistance, including
any assistance under chapter 9 of part I of
that Act;
(ii) assistance which involves the pro-
vision of food (including monetization of
food) or medicine; and
(iii) assistance for refugees; and
(B) sales, or financing on any terms, under
the Arms Export Control Act.
TITLE XXI—ASSISTANCE TO SUP-
PORT HUMAN RIGHTS AND
DEMOCRACY IN VIET NAM
SEC. 2101. ASSISTANCE.
(a) IN GENERAL.—The President is authorized to
provide assistance, through appropriate nongovernmental
organizations, for the support of individuals and organiza-
tions to promote democracy and internationally recognized
human rights in Viet Nam.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the President to carry
out subsection (a) $2,000,000 for each of the fiscal years
2004 and 2005.
455
TITLE XXII—UNITED STATES
PUBLIC DIPLOMACY
SEC. 2201. RADIO FREE ASIA TRANSMISSIONS TO VIET NAM.
(a) POLICY OF THE UNITED STATES.—It is the pol-
icy of the United States to take such measures as are nec-
essary to overcome the jamming of Radio Free Asia by
the Government of Viet Nam, including the active pursuit
of broadcast facilities in close geographic proximity to Viet
Nam.
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to such amounts as are otherwise authorized to be
appropriated for the Broadcasting Board of Governors,
there are authorized to be appropriated to carry out the
policy under subsection (a) $9,100,000 for the fiscal year
2004 and $1,100,000 for the fiscal year 2005.
SEC. 2202. UNITED STATES EDUCATIONAL AND CULTURAL
EXCHANGE PROGRAMS WITH VIET NAM.
It is the policy of the United States that programs
of educational and cultural exchange with Viet Nam
should actively promote progress toward freedom and de-
mocracy in Viet Nam by providing opportunities to Viet-
namese nationals from a wide range of occupations and
perspectives to see freedom and democracy in action and,
also, by ensuring that Vietnamese nationals who have al-
456
ready demonstrated a commitment to these values are in-
cluded in such programs.
TITLE XXIII—UNITED STATES
REFUGEE POLICY
SEC. 2301. REFUGEE RESETTLEMENT FOR NATIONALS OF
VIET NAM.
(a) POLICY OF THE UNITED STATES.—It is the pol-
icy of the United States to offer refugee resettlement to
nationals of Viet Nam (including members of the
Montagnard ethnic minority groups) who were eligible for
the Orderly Departure Program (ODP), Resettlement Op-
portunities for Vietnamese Returnees (ROVR) or any
other United States refugee program and who were
deemed ineligible due to administrative error or who for
reasons beyond the control of such individuals (including
insufficient or contradictory information or the inability
to pay bribes demanded by officials of the Government of
Viet Nam) were unable or failed to apply for such pro-
grams in compliance with deadlines imposed by the De-
partment of State.
(b) AUTHORIZED ACTIVITY.—Of the amounts au-
thorized to be appropriated to the Department of State
for Migration and Refugee Assistance for each of the fiscal
years 2004, 2005, and 2006, such sums as may be nec-
essary are authorized to be made available for the protec-
457
tion (including resettlement in appropriate cases) of Viet-
namese 
refugees 
and 
asylum 
seekers, 
including
Montagnards in Cambodia.
TITLE XIV—ANNUAL REPORT ON
PROGRESS 
TOWARD 
FREE-
DOM 
AND 
DEMOCRACY 
IN
VIET NAM
SEC. 2401. ANNUAL REPORT.
(a) IN GENERAL.—Not later than 6 months after the
date of the enactment of this Act and every 12 months
thereafter, the Secretary of State shall submit to the Con-
gress a report on the following:
(1)(A) The determination and certification of
the President that the requirements of section
2001(a)(2) have been met, if applicable.
(B) The determination of the President under
section 2001(b)(2), if applicable.
(2) Efforts by the United States Government to
secure transmission sites for Radio Free Asia in
countries in close geographical proximity to Viet
Nam in accordance with section 2201(a).
(3) Efforts to ensure that programs with Viet
Nam promote the policy set forth in section 302 and
with section 102 of the Human Rights, Refugee, and
Other Foreign Policy Provisions Act of 1996 regard-
458
ing participation in programs of educational and cul-
tural exchange.
(4) Steps taken to carry out the policy under
section 2301(a).
(5) Lists of persons believed to be imprisoned,
detained, or placed under house arrest, tortured, or
otherwise persecuted by the Government of Viet
Nam due to their pursuit of internationally recog-
nized human rights. In compiling such lists, the Sec-
retary shall exercise appropriate discretion, including
concerns regarding the safety and security of, and
benefit to, the persons who may be included on the
lists and their families. In addition, the Secretary
shall include a list of such persons and their families
who may qualify for protection under United States
refugee programs.
(6) A description of the development of the rule
of law in Viet Nam, including, but not limited to—
(A) progress toward the development of in-
stitutions of democratic governance;
(B) processes by which statutes, regula-
tions, rules, and other legal acts of the Govern-
ment of Viet Nam are developed and become
binding within Viet Nam;
459
(C) the extent to which statutes, regula-
tions, rules, administrative and judicial deci-
sions, and other legal acts of the Government of
Viet Nam are published and are made acces-
sible to the public;
(D) the extent to which administrative and
judicial decisions are supported by statements
of reasons that are based upon written statutes,
regulations, rules and other legal acts of the
Government of Viet Nam;
(E) the extent to which individuals are
treated equally under the laws of Viet Nam
without regard to citizenship, race, religion, po-
litical opinion, or current or former associa-
tions;
(F) the extent to which administrative and
judicial decisions are independent of political
pressure or governmental interference and are
reviewed by entities of appellate jurisdiction;
and
(G) the extent to which laws in Viet Nam
are written and administered in ways that are
consistent with international human rights
standards, including the requirements of the
460
International Covenant on Civil and Political
Rights.
(b) CONTACTS WITH OTHER ORGANIZATIONS.— In
preparing the report under subsection (a), the Secretary
shall, as appropriate, consult with and seek input from
nongovernmental organizations, human rights advocates
(including Vietnamese-Americans and human rights advo-
cates in Viet Nam), and the United States Commission
on Religious Freedom.
Passed the House of Representatives July 16, 2003.
Attest:
Clerk.