[Congressional Record Volume 149, Number 104 (Tuesday, July 15, 2003)]
[House]
[Pages H6725-H6784]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2004 AND 2005
The SPEAKER pro tempore. Pursuant to House Resolution 316 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 1950.
{time} 1225
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 1950) to authorize appropriations for the Department of State for
the fiscal years 2004 and 2005, to authorize appropriations under the
Arms Export Control Act and the Foreign Assistance Act of 1961 for
security assistance for fiscal years 2004 and 2005, and for other
purposes, with Mr. Quinn in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Illinois (Mr. Hyde) and the
gentleman from California (Mr. Lantos) each will control 30 minutes.
The Chair recognizes the gentleman from Illinois (Mr. Hyde).
Mr. HYDE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in support of H.R. 1950, the Foreign Relations
and Security Assistance Bill. Mr. Chairman, this bipartisan bill, which
is co-sponsored by my good friend, the gentleman from California (Mr.
Lantos), authorizes the funding and activities of the Department of
State for 2 fiscal years, 2004 and 2005. This bill is focused on
authorities necessary to operate the State Department and its overseas
facilities. In addition, it includes a modernization of the defense
trade and security assistance authorities and missile proliferation
policy and laws.
The accounts covered in this bill are funded at or above the
President's fiscal year 2004 budget request. The President's request
for these accounts is approximately $14.3 billion. The total
authorization for this bill, including the State Department operation
accounts and the security assistance provisions for fiscal 2004, is
$15.2 billion. The increases will fund additional refugee assistance,
international broadcasting and a more robust public diplomacy program.
The proposed amount for fiscal 2005 is approximately the same as that
of fiscal 2004 with some modest percentage increases for typical cost-
of-living adjustments. A significant portion of these increases reflect
the need to improve the effectiveness of our public diplomacy programs
and our international broadcasting as well as to strengthen our
democracy-building programs overseas.
H.R. 1950 also incorporates the Public Diplomacy Bill, H.R. 3969, the
Freedom Promotion Act of 2002, that was approved by the House during
the last
[[Page H6726]]
Congress. The provisions in this act are focused on enhancing the role
of public diplomacy in our foreign policy and specifically place the
responsibility for the formulation and execution of these programs on
the Secretary of State. These provisions also authorize funding for
student and other exchanges, as well as for a number of other public
diplomacy programs, with a focus on countries with predominantly Muslim
populations.
H.R. 1950 includes a much-needed reorganization of the decision-
making process of our international broadcasting efforts. It would
authorize $657 million for fiscal year 2004 and $651 million for fiscal
2005 for the Broadcasting Board of Governors, which is responsible for
the Voice of America, Radio Free Europe, Radio Liberty, Radio Free
Asia, and Radio/TV Marti.
It also includes the request from the Broadcasting Board of Governors
regarding the establishment of a separate grantee to run the New Middle
East Television and Radio Network. This new network will add 24 hours a
day TV and radio broadcasts to the Middle East and thereby greatly
contribute to an enhancement of our efforts to combat the
misinformation and propaganda that contribute to the rising anti-
American sentiment in the region.
Construction, maintenance, and security for our 260 embassies,
consulates and various other posts around the world continue to be a
top priority. To that end, we have fully funded the State request in
that area while also encouraging the establishment of a cost-share
program. This cost-sharing program is designed to collect funds from
each agency that has staff stationed at a U.S. embassy or consulate.
{time} 1230
These funds will be used to supplement the construction costs of new
facilities.
At the appropriate time, I intend to offer an amendment that will add
H.R. 2441, the Millennium Challenge Account Authorization and Peace
Corps Expansion Act of 2003, to this bill. Recently reported by the
Committee on International Relations, this bill advances the
President's foreign assistance initiative and enjoys bipartisan
support. In March of last year, President Bush proposed the further
expansion of United States foreign assistance through the establishment
of the Millennium Challenge Account, now known as MCA. He did so in a
revolutionary manner, by proposing a new and additional assistance
program only for those countries that meet certain standards of
respecting human rights, investing in the future of their people and
promoting economic opportunity and freedom.
With this proposal, the President has issued a challenge to help
those less fortunate, the poorest of the poor, to promote universal
human rights and values around the world, and be part of the spread of
democracy and freedom worldwide.
This legislation also includes a provision I authored more than a
decade ago known as the Foreign Aid Effectiveness Act. This provision
requires the President to describe the actual results of U.S. foreign
assistance relative to the goals and to identify the most and the least
successful foreign assistance programs.
The Millennium Challenge Account Act authorizes 3 years of funding,
$1.3 billion in fiscal 2004, $3 billion in fiscal 2005, and $5 billion
in fiscal 2006.
The President, in his State of the Union address January 2002,
announced his goal of doubling the size of the Peace Corps by 2007. As
the U.S. fights global terrorism, extremism and forces which are
inimical to our way of life, we can and must fight on many fronts to
protect our interests, promote our values and provide hope to captive,
destitute and vulnerable people across the globe.
This legislation makes amendments to the Peace Corps Act in support
of the goal announced by the President of doubling the number of Peace
Corps volunteers to 14,000 by the year 2007. It authorizes a gradual
expansion of the budget of the Peace Corps from $366.8 million in
fiscal 2004 to $499.4 million in fiscal 2007.
Since its establishment in 1961, more than 168,000 volunteers have
served in 136 different countries throughout the globe. Currently,
there are approximately 7,000 volunteers in 70 different countries.
I very much appreciate the bipartisan cooperation and leadership that
we have received from the gentleman from California (Mr. Lantos), the
ranking Democrat on this committee, in developing this legislation; and
I hope we can continue this bipartisan approach on the floor today.
Mr. Chairman, I reserve the balance of my time.
Mr. LANTOS. Mr. Chairman. I yield myself such time as I may consume.
I rise in strong support of H.R. 1950, the foreign relations
authorization bill for fiscal years 2004 and 2005 as it was reported
out of committee. Mr. Chairman, this is an excellent bill; and I am
proud to have cosponsored it with my good friend, the gentleman from
Illinois (Mr. Hyde), the chairman; and I want to pay public tribute to
his extraordinary leadership of the Committee on International
Relations.
Mr. Chairman, every single item that our committee deals with
represents the daily menu of all our international and domestic media:
Iraq, Afghanistan, Iran, the Middle East, Pakistan, Colombia, North
Korea, China, Russia, Cuba, NATO, Europe, Africa. They are all part of
this legislation, and our committee and its staff deserves commendation
for being able to deal with these issues in a bipartisan fashion.
I am very pleased that our bill fully funds the administration's
request for the State Department and contains many of the provisions
that Secretary of State Colin Powell has requested to help him better
manage the Department of State. I want to commend Secretary Powell for
his effort to strengthen what has traditionally been one of our
Nation's greatest resources, our diplomatic corps. I am pleased to say,
Mr. Chairman, that under the authority provided in our bill, the
Secretary's diplomatic readiness initiative will reach its final goal
of putting 1,158 new professional American diplomats in place to serve
our country across the globe.
I am also very pleased to be joining my good friend from Illinois in
a continuing effort to make sure that we reduce as rapidly as possible
the period of time in which our embassy employees are left in compounds
and facilities that are vulnerable to terrorist attack. To support
this, our bill provides over $1.3 billion over the next 2 years for
security upgrades at our embassies in all parts of the world.
Our bill also contains a number of critical foreign policy
initiatives that will give our State Department the tools it needs to
promote and protect our national security interests in an increasingly
complex world.
I am very pleased to have had the chance to work with the gentleman
from California (Mr. Dreier), our distinguished Committee on Rules
chairman, in crafting one such measure, the International Leadership
Act of 2003, which has been folded into this bill. Mr. Chairman, the
Leadership Act is designed to give our diplomats the tools they need to
ensure that America once again punches at its weight class at the
United Nations.
Our legislation achieves this by creating a Democracy Caucus to
support the United States at the United Nations by directing our
President to use his influence to reform U.N. rules, so that rogue
regimes cannot gain leadership positions, and by providing new training
to make our diplomats more effective in multilateral diplomacy. As my
colleagues well know, Mr. Chairman, just a couple of years ago, the
United States was removed from the U.N. Human Rights Commission, a body
we founded; and Libya was put in charge of that commission, a theater
of the absurd if we ever saw one.
I am pleased, Mr. Chairman, that with the leadership of the gentleman
from Illinois (Mr. Hyde) and our colleague, the gentleman from New York
(Mr. Ackerman), on a historic measure, we succeeded in making
provisions for offering significant assistance to a new and democratic
Palestinian state if performance benchmarks can be reached, including a
total cessation of terrorism and the establishment of a transparent,
democratic, and independent judiciary and Palestinian government
responsive to its people.
An important provision to our bill was added by the gentleman from
New York (Mr. Crowley). His provision reverses the administration's
harmful
[[Page H6727]]
and highly political decision to withhold U.S. funding from the United
Nations Population Fund. The administration's move came after its own
hand-picked investigative team concluded that there was no evidence
that the population fund would be involved in any way in coercive
family planning in China. The gentleman from New York's (Mr. Crowley)
measure will help the population fund to demonstrate that voluntary
family planning is the only humane and effective way for China to
control its population explosion.
I know, Mr. Chairman, that this provision will be debated later
today, and I strongly urge all of my colleagues to support the
committee position on this matter.
Another important initiative included in our bill is the
International Free Media Act of 2003. It will help the State Department
to encourage the development of sources of accurate, objective
reporting in societies which are currently polluted by messages of
propaganda and hate in state-controlled media, such as the media in
Egypt. I am particularly pleased that this initiative includes a new
$15 million fund to support independent and ethical journalism across
the globe.
Our bill also contains the Missile Threat Reduction Act of 2003,
which is designed to confront the alarming spread of offensive
ballistic missiles for launching nuclear, chemical, and biological
warheads. This measure commits the United States to seeking a new
international mechanism to restrict the trade in missiles. It
strengthens United States sanctions against those who trade in
missiles, and it provides assistance to countries which agree to
destroy their missile arsenals.
The bill also recognizes the United States' vital interests in
promoting Afghanistan's transition from chaos, civil war, and disorder
to an increasingly prosperous and democratic state. To prevent the
spiral downward, the bill directs the President to ensure that there is
adequate security along major transportation routes in Afghanistan and
urges him to expand the international security assistance force.
I am also pleased, Mr. Chairman, that our bill authorizes all funds
necessary to pay our assessed dues upon reentry to UNESCO, the United
Nations Educational Scientific and Cultural Organization. Full funding
is critical, Mr. Chairman, if we are to fulfill the President's
commitment of last year to rejoin this most important international
organization. When UNESCO was founded at the end of the Second World
War, its motto was, ``Since war begins in the minds of men, it is in
the minds of men that the defenses of peace must first be
constructed.'' Never was this statement more appropriate and timely
than it is now; and our rejoining UNESCO will demonstrate that, far
from being unilateral, we want to accept our full responsibility as a
cooperative member of the international community.
I am disappointed, Mr. Chairman, that the rule for our bill has
struck out the amendment sponsored by my friend from New Jersey (Mr.
Menendez) which addresses global climate change, a very real and
immediate threat to our national security, an issue that has been
neglected far too long.
Finally, Mr. Chairman, I would like to note that later today we will
be debating an amendment to be offered by the gentleman from Illinois
(Mr. Hyde) and me authorizing the President's Millennium Challenge
Assistance Initiative and the proposal to dramatically expand our Peace
Corps. This amendment will dramatically improve the ability of the
United States to help the least fortunate on this planet and to promote
a world where hope thrives and the despair that leads to support for
international terrorism vanishes.
{time} 1245
I want to thank the chairman of our committee, my good friend, the
gentleman from Illinois (Mr. Hyde), for working with me and all of the
other members of our committee in crafting an excellent bill. Virtually
every element of this bill has the support of both Republicans and
Democrats, and this is in large part due to the statesmanlike
leadership of the gentleman from Illinois. I want to commend our
distinguished chairman and thank him for the open, collegial, and witty
manner in which he has brought this bill through the committee and he
will bring it through this House.
Mr. Chairman, we are considering this legislation at a pivotal moment
in global history. We are engaged in intense diplomacy on every
continent, with opportunities to solve long-festering disputes and
crises in Levant, in Iraq, in the Eastern Mediterranean, in Liberia and
the Democratic Republic of Congo, in Afghanistan, in Colombia, and in
scores of other places.
It is in the midst of this critical conflict against the forces of
terror and Islamic fanaticism that our bill will make a major
contribution to building a safe, secure and more democratic world. I
believe that enactment of our legislation will leave a lasting legacy
towards solving all of these disputes and crises, and I urge all of my
colleagues to support it.
Mr. Chairman, I reserve the balance of my time.
Mr. HYDE. Mr. Chairman, I am pleased to yield 3 minutes to the
distinguished gentleman from California (Mr. Cox).
Mr. COX. Mr. Chairman, I thank the gentleman for yielding me this
time, and I rise in strong support of the foreign relations and
security assistance bill. I want to thank the chairman of the committee
and also the ranking member for including in its entirety in this
legislation the Global Internet Freedom Act.
Today, many governments are attempting to restrict individual
freedoms by blocking the most powerful tool ever created for the free
exchange of ideas throughout the world. In the hands of free people,
the Internet may represent the greatest threat to tyranny ever
invented. That is why many repressive regimes are trying to prevent
people from using the Internet.
The Global Internet Freedom Act included in this legislation will
give millions of people around the world the opportunity to outwit the
dictators, the power to get around the repressive regimes that are
attempting to silence them and, perhaps most importantly of all, the
power to protect themselves from reprisals from these vicious
governments.
Many outlawed regimes have been aggressively blocking access to the
Internet with technologies such as firewalls, filters and black boxes.
They monitor their citizens' activities on the Internet. They keep
track of who is saying what, and they punish those who exercise free
speech on line.
Last month, according to Human Rights Watch, Chinese web publisher
Huang Qi, after enduring a 3-month detention, was sentenced to 5 years
in prison for the crime of subversion. What was he publishing? The on-
line equivalent of our milk carton ads. He created a Web site in which
people could share information about missing friends or family members,
and he actually helped rescue several young girls who had been abducted
and sold into marriage. But because his site also criticized the
government's failure to deal with these human needs, he now spends his
days in prison.
In Cuba, dissidents and opposition journalists are prohibited from
using the Internet.
In Burma, only those with official permission from the military
government can use the Internet.
In North Korea, Kim Jung Il has sealed off his population from the
outside world. Of course, Kim Jung Il thinks of himself as a computer
buff; and the Associated Press has recently reported he has issued an
edict making computer education mandatory. But outside of those
classrooms, there will be no connection to the outside world. Because,
for a dictator, the top priority is keeping ideas about freedom and
democracy away from the computer screens of impressionable young minds.
That is why the Global Internet Freedom Act, now included in this
bill, is so important. The Act will require the United States to
develop and implement a global strategy to combat state-sponsored and
state-directed Internet jamming and the persecution of those who use
the Internet.
Mr. Chairman, for the sake of freedom and human rights in the 21st
century, I strongly urge my colleagues to support this legislation, and
I support the leadership and commend the leadership of the gentleman
from Illinois (Mr. Hyde) and the gentleman from California (Mr. Lantos)
for bringing this bill to the floor.
[[Page H6728]]
Mr. LANTOS. Mr. Chairman, I am delighted to yield 3 minutes to the
gentleman from New Jersey (Mr. Menendez), my good friend, the
distinguished ranking Democratic member of the Subcommittee on the
Western Hemisphere.
(Mr. MENENDEZ asked and was given permission to revise and extend his
remarks.)
Mr. MENENDEZ. Mr. Chairman, I thank the gentleman for yielding me
this time and for all his work and cooperation, and I rise to speak on
some of the positive elements of this bill.
This bill includes my amendment on Iran's program to develop nuclear
weapons and is particularly relevant given recent developments in Iran.
Iran continues to claim that its nuclear research program's only goal
is to promote peaceful activities. Last week, however, Iran confirmed
that it had successfully tested its mid-range missile, the Shahab-3,
which can reach Israeli soil. And last month, the International Atomic
Energy Agency stated Iraq has secretly processed nuclear material. Iran
continues its game with the IAEA over signing the new nuclear
safeguards protocol. Iran is a country with huge oil and natural gas
reserves and clearly does not need nuclear power for its energy
consumption.
My amendment, as incorporated in this bill, therefore, calls on the
International Atomic Energy Agency to ensure that Iran's nuclear
program is used only for peaceful purposes and urges the United States
representatives to the IAEA to help develop guidelines for early
identification of any Iranian noncompliance with the Nuclear Non-
Proliferation Treaty. And, finally, Iran should sign and ratify the new
nuclear safeguards protocol to this treaty.
While I commend the gentleman from Illinois (Mr. Hyde) and the
gentleman from California (Mr. Lantos) on pursuing the Millennium
Challenge Account, I am concerned that this initiative ignores the
majority of the desperately poor in Latin America and the Caribbean.
The initiative launched in Mexico will not contribute a dollar to the
poor in the Mexican state of Chiapas. Two hundred million citizens in
Latin America and the Caribbean earn under $2 a day, 100 million live
on less than $1 a day, and yet these poorest of the poor in our own
hemisphere will not qualify for assistance under the Millennium
Challenge Account.
I look forward to seeing the Kolbe amendment, which is similar to the
one that I proposed, to see if we can move some of those countries
forward; and, in the absence of that look, I forward to working with
the committee to see what we are going to do about our neighbors here
in our own hemisphere, if we are concerned about health care,
immigration, and biodiversity.
Lastly, I want to salute the leadership of the committee for
incorporating the minority recruitment efforts. The State Department
has had the worst record of all of the Federal Government. Our State
Department must look like America. It must also have the diversity of
thought that makes America great. The State Department shows our face
to the rest of the world, and we should bring the synergies of people
from different backgrounds to focus on American diplomacy. If the State
Department is to make progress, minorities must have a seat at the
table.
So, Mr. Chairman, as I said at the beginning, this bill has a number
of positive components, but I am concerned that my Mexico and climate
change amendments were stripped from the bill; that the Millennium
Challenge Account hopefully moves closer to helping the people of the
Western Hemisphere; and, finally, I look forward to the success of
certain amendments to improve this product. I thank the distinguished
ranking member for all his help in trying to make it an even better
bill.
Mr. HYDE. Mr. Chairman, I yield 4 minutes to the gentleman from
Indiana (Mr. Burton).
Mr. BURTON of Indiana. Mr. Chairman, I want to thank the chairman,
the gentleman from Illinois (Mr. Hyde) and the gentleman from
California (Mr. Lantos) for agreeing to include in this bill an en bloc
amendment that deals with a very important subject that I have been
concerned with for some time.
As chairman of the Committee on Government Reform for the past 6
years, we held a number of hearings on the issue of child abductions by
spouses of American women and men who have taken the children who are
in the custody of their mother or father here in the United States to
other countries never to be seen again or heard from again by their
parents. The most egregious offender of this is Saudi Arabia. They have
been complicitous in allowing fathers of children born here in the
United States of American mothers to come over here, kidnap the
children, take them to Saudi Arabia, and the mother never sees her
children again, never talks to her children again, and it is a tragic,
tragic situation.
In some cases, Mr. Chairman, there have been cases where a mother
went over to Saudi Arabia to get her kidnapped children, took them to
the American embassy and was turned away. She was turned away. She was
actually put out on the street, she was arrested, her children went
back to the father who had kidnapped them, and one of them was 12 years
old and she was married off at 12 years old. These are tragic things
that have occurred to American children who have been kidnapped to
Saudi Arabia, and the mothers have had to live with that for years and
years and years, maybe for the rest of their lives.
So I have talked to Secretary of State Colin Powell about this. He
has agreed to take steps to remedy the situation, and now Chairman Hyde
and Ranking Member Lantos have agreed to an en bloc amendment which
will give the State Department the tools necessary to help fight this
terrible, terrible tragedy that has been occurring mainly in Saudi
Arabia in the Middle East but also in other countries throughout the
world.
What the amendment does is it extends to the State Department powers
to deny visas to the extended family of abductors, and that includes
the spouse, the child, the parent, the grandparent, the aunt, the
uncle, the brother, the sister, half-brother, half-sister, cousin,
stepbrother, stepsister, nephew, and niece of the person who did the
kidnapping. In other words, the extended family of the kidnapper would
not be allowed to get visas if the State Department so chose to deny
them visas.
I think that is a giant step in the right direction. It puts a lot of
pressure on the kidnapper to bring those children back to American to
their mother or to the rightful parent. It also requires the State
Department to submit an annual report to Congress regarding the
measures that they have taken on international child abduction on a
country-by-country basis so Congress will be made aware of what is
being done to bring these children home to their rightful parent.
It also requires the State Department to send notices regarding child
abduction cases to countries where they are believed to be abducted to.
And, finally, this requires the Secretary of State to set forth
guidelines on how our Department of State personnel treat abducted
persons who seek sanctuary. As I said, there have been cases in the
past where our State Department employees at our foreign embassies have
not treated these people properly. I believe that is not going to
happen in the future.
So I thank Colin Powell, our Secretary of State, for agreeing to work
on this; and I especially thank Chairman Hyde and Ranking Member
Lantos. They are doing the Lord's work.
Mr. LANTOS. Mr. Chairman, I yield 2 minutes to the gentleman from
American Samoa (Mr. FALEOMAVAEGA), and I ask unanimous consent that
during the period of time I am making a presentation at the Committee
on Resources, the gentleman from American Samoa (Mr. Faleomavaega) may
control the time on this side and yield it to others.
The CHAIRMAN. Without objection, so ordered.
There was no objection.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Chairman, I rise today in strong support of
H.R. 1950, the Foreign Relations Authorization Act for fiscal years
2004 and 2005. At this time, I want to commend both our chairman, the
gentleman from Illinois (Mr. Hyde), and our senior ranking member, the
gentleman from
[[Page H6729]]
California (Mr. Lantos), of the House Committee on International
Relations for their outstanding leadership in bringing to the floor the
State Department reauthorization bill which has strong bipartisan
support.
This bill includes an historic measure offering recognition to a
Palestinian state if performance benchmarks can be reached; increases
U.S. capacity at the United Nations, where rogue regimes are
increasingly trying to hijack the agenda; initiates a new effort to
promote free media abroad; and provides the State Department with tools
to confront the alarming spread of ballistic missiles.
Mr. Chairman, this bill also includes three amendments which I
offered during full committee markup on May 7, 2003, three of which
were accepted by unanimous consent and have now been included in the
full text of H.R. 1950.
{time} 1300
One amendment expresses a sense of Congress relating to the Soviet
nuclear tests in Kazakhstan and calls for the Secretary of State to
establish a joint working group with the government of Kazakhstan to
assist in assessing the environmental damage and health effects caused
by Soviet nuclear tests Semipalatinsk.
The other amendment requires the State Department to prepare and
transmit to Congress a report that contains a description of the extent
to which the government of Pakistan has closed all known terrorist
training camps operating in Pakistan and Pakistani-held Kashmir, has
established serious and identifiable measures to prohibit the
infiltration of Islamic extremists across the line of control into
India, and has ceased the transfer of weapons of mass destruction,
including any associated technologies, to any third country or
terrorist organization.
The third amendment authorizes certain sums to allow qualified
indigenous inhabitants of Latin America to pursue post-secondary and
graduate studies in our Nation's colleges and universities. I feel very
strongly that education is the key to the salvation of the indigenous
inhabitants of the Western Hemisphere.
At the appropriate time, it is my intention to give strong support to
an amendment offered by the gentlewoman from Guam (Ms. Bordallo) which
authorizes the transfer of allowances to residents of the insular areas
who are members of the U.S. Foreign Service, just as it is done in the
case of the residents of several States.
Madam Chairman, I rise today in strong support of H.R. 1950, the
Foreign Relations Authorization Act for Fiscal years 2004 and 2005. At
this time, I want to commend both our Chairman Mr. Hyde and the Ranking
Member Mr. Lantos of the House Committee on International Relations for
their outstanding leadership in bringing to the floor a State
Department Reauthorization bill which has strong bipartisan support.
This bill includes an historic measure offering recognition to a
Palestinian state if performance benchmarks can be reached, increases
U.S. capacity at the United Nations where rogue regimes are
increasingly trying to hijack the agenda, initiates a new effort to
promote free media abroad and provides the State Department with tools
to confront the alarming spread of ballistic missiles.
This bill also includes three amendments which I offered during full
committee markup on May 7, 2003, both of which were accepted by
unanimous consent and have now been included in the full text of H.R.
1950. One amendment expresses a sense of Congress relating to Soviet
nuclear tests in Kazakhstan and calls for the U.S. Secretary of State
to establish a joint working group with the Government of Kazakhstan to
assist in assessing the environmental damage and health effects cause
by Soviet nuclear testing in Semipalatinsk, Kazakhstan.
The other amendment requires the State Department to prepare and
transmit to Congress a report that contains a description of the extent
to which the Government of Pakistan has closed all known terrorist
training camps operating in Pakistan and Pakistani-held Kashmir, has
established serious and identifiable measures to prohibit the
infiltration of Islamic extremists across the Line of Control (LoC)
into India, and has ceased the transfer of weapons of mass destruction,
including any associated technologies, to any third country or
terrorist organization.
The third amendment authorizes a certain sum of funds to allow
qualified indigenous inhabitants of Latin America to pursue
postsecondary and graduate studies in our nation's colleges and
universities. Over the years, Mr. Chairman I feel very strongly that
education is the key to the salvation of the indigenous inhabitants of
the Western Hemisphere.
At the appropriate time, Mr. Chairman, it is also my intention to
give strong support to an amendment that will be offered by my
colleague from the territory of Guam, Ms. Bordallo, which authorizes
the transfer of allowances to residents of the insular areas who are
members of the U.S. Foreign Service--just as it is the case with
residents of the several states.
At this time, I want to thank Chairman Hyde and Ranking Member Lantos
for supporting this amendment during full committee markup and
including it in H.R. 1950. Simply put, their support was critical to
passage of this amendment and I want to thank the gentleman from
Illinois and the gentleman from California for taking a stand on this
important issue at a time when few were willing to do so.
What many do not know is that this amendment came before the House
Committee on International Relations on the very day that Deputy
Secretary Richard Armitage arrived in Pakistan to begin high-level
diplomatic discussions and I commend Chairman Hyde and Ranking Member
Lantos for doing the right thing despite the political pressure they
received to set this amendment aside. I also thank the 49 members of
the International Relations Committee, both Republican and Democrat,
who passed this amendment by voice vote without any objection.
I also want to commend President Bush for his leadership on this
issue. Now that President Bush has made this issue popular with his
recent announcement that he would also like to place conditions
on Pakistan's funding, I am hopeful that the Senate will also support
our efforts to make Pakistan live up to its promises.
Congressman Pallone also deserves special recognition for the work he
is doing to make Pakistan accountable. I thank the gentleman from New
Jersey for his relentless commitment to monitor the steps Pakistan is
taking to bring about democracy and for fully supporting the measures
of this bipartisan amendment which has already been included in the
text of H.R. 1950.
Like my colleagues, I am appreciative of Pakistan's post-September 11
assistance in the war against terrorism. Nevertheless, tensions in the
region are rising and I know I am not alone when I say I have deep
reservations about U.S. policy in South Asia. Once again, I want to
reiterate that I believe Pakistan should be commended for assisting the
U.S. in its efforts to hunt down Al Qaeda and Taliban fugitives and for
allowing the U.S. military to use bases within its country.
But I cannot turn a blind eye to the fact that Pakistan has not
closed all known terrorist training camps operating in Pakistan. I
cannot turn a blind eye to the fact that Pakistan has not prohibited
the infiltration of Islamic extremists across the Line of Control into
Indian Kashmir. I cannot turn a blind eye to the fact that General
Musharraf promised Deputy Secretary Armitage that infiltration would
cease and it has not.
Since 1989, more than 50,000 men, women and children have died in the
Kashmir dispute and since September 11 Islamic militants from Pakistan
have crossed the Line of Control and claimed the lives of innocent men,
women and children--not once, not twice, but three times, committing
egregious acts of cross-border terrorism on each and every occasion.
On the other hand, India has not crossed the Line of Control since
1972. In fact, India has exercised incredible restraint in not waging
full-scale war to defend itself against these terrorist acts. Although
I believe we are fortunate that neither country has yet resorted to the
use of nuclear weapons, we also should be very concerned that both
Pakistan and India test fired short-range ballistic missiles on March
26 of this year which incidentally (or not) was the same day that Prime
Minister Jamali said that Pakistan and China will enhance their defense
ties.
On May 15, 2003, 8 days after the International Relations Committee
unanimously voted in favor of my amendment, Pakistan's third highest
ranking government official, Foreign Minister Khurshid Kasuri,
requested an appointment to meet with me. We had a meaningful dialogue
and he gave me his personal assurances that Pakistan is interested in
creating a roadmap for peace to resolve the Kashmir dispute.
I believe Kashmir is one of the most important issues that must be
resolved in order to establish peace in the Asia Pacific region. India
and Pakistan have fought two wars over Kashmir in the past 50 years and
came very close to the brink of nuclear war less than 2 years ago. In
December of 2001, both countries amassed nearly one million soldiers
along their common border and had the U.S. not intervened it was feared
that India and Pakistan's dispute over Kashmir could have led to the
first use of nuclear weapons sine World War II.
As the Ranking Member of the Subcommittee on Asia and the Pacific and
as the
[[Page H6730]]
only Asia Pacific American serving on both the Subcommittee and the
full Committee on International Relations, I am deeply concerned about
cross-border terrorism and the threat of nuclear proliferation in the
Asia Pacific region. Any threat to regional stability puts our soldiers
at risk and some have argued that this situation may become as
dangerous as the Israeli-Palestinian conflict.
This is why I am pleased that H.R. 1950 includes a provision which
requires the State Department to report to Congress about the progress
that is being made to resolve the India-Pakistan dispute. I believe
this legislation is necessary and given the seriousness of this
situation, I urge my colleagues to support H.R. 1950.
Madam Chairman, I reserve the balance of my time.
Mr. HYDE. Madam Chairman, I yield 3 minutes to the gentleman from New
Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Madam Chairman, first of all, I commend the
gentleman from Illinois (Mr. Hyde) for crafting an outstanding piece of
legislation. As we all know, he guided and shepherded through this body
landmark legislation on AIDS which would not have been written into law
without his effective leadership. I also thank the gentleman for
including so many provisions which I proposed either as amendments or
as base text.
In particular, including an amendment on refugees I offered along
with the gentleman from California (Mr. Berman) that increases refugee
protection monies by $310 million over 2 years, and my bill called the
Belarus Democracy Act. This legislation which is embodied now into the
text of the bill, would provide for effective help to civil society,
human rights promotion, and democracy promotion in Belarus; the victims
of torture which gets a modest but necessary increase in the U.N.
Voluntary Fund for Victims of Torture; and there are many others.
This is a consensus bill in many ways, but there are some points of
divergence. The gentleman from New York (Mr. Crowley) has put into the
bill by a very narrow vote, an amendment that seriously and
fundamentally weakens America's core anti-coercion law which says no
funding goes to any organization that supports or participates in the
management of a coercive population control program.
We in this Congress do not make the determination as to whether or
not a group gets population control money. We set the standard. It is
then left to the executive branch which relies on all relevant
information to make a finding. Last year, Secretary Powell made that
finding and said that the PRC has in place a regime of severe penalties
on women who have unapproved births and that this regime plainly
operates to coerce pregnant women to have abortions in order to avoid
the harsh penalties.
``UNFPA's support of and involvement in China's population planning
activities allows the Chinese government to implement more effectively
its program of coercive abortion,'' Secretary Powell said.
I say to my colleagues, this debate is all about coercion. I would
hope that my friends who support abortion would realize that coercion,
whether it be forced sterilization or forced abortion, is an
unconscionable act; and when it is done with impunity by the Chinese
government with their partner, the U.N. Population Fund, we need to
disassociate ourselves from that kind of activity. We need to stand
with the oppressed, not with the oppressor, and the friends of the
oppressor. We need to stand with the victims.
I urge my colleagues to support an amendment that I will be offering,
cosponsored by the gentleman from Minnesota (Mr. Oberstar) and the
gentleman from Illinois (Mr. Hyde), that would strike this language
from the bill. I would hope that we would stand with the women of China
who are being oppressed by their government and with their partners in
these crimes against humanity, the U.N. Population Fund. I urge Members
to vote for our amendment.
Mr. FALEOMAVAEGA. Madam Chairman, I yield 2\1/2\ minutes to the
gentlewoman from California (Ms. Lee).
Ms. LEE. Madam Chairman, first, let me thank the gentleman for
yielding.
I rise today in support of the State Department authorization bill
and also in support of the Millennium Challenge Account and Peace Corps
amendments. I thank the gentleman from Illinois (Mr. Hyde) and the
gentleman from California (Mr. Lantos) for working on a bipartisan
basis once again to ensure broad support for this bill.
Together we were able to craft language examining, for example, the
impact of U.S. loan policy on Haiti and its ongoing humanitarian crisis
and calling for the participation of small and minority-owned
businesses within the MCA account. Small and disadvantaged businesses
represent a very vital economic engine in this country yet too often
have very little chance to participate in foreign assistance programs,
so I am very pleased that we were able to ensure that they will play a
role in the Millennium Challenge Account.
My two amendments are included in this bill, and once again I thank
the gentleman from Illinois (Mr. Hyde) and the gentleman from
California (Mr. Lantos) for their support.
I would like to highlight two aspects of this bill which represents
real progress in foreign policy, family planning and global climate
change. First, through the Crowley-Lee amendment, the bill restored
U.S. funding to vital United Nations family planning programs. This
measure helps provide health care to and prevents abortions to the
world's poorest women. Failure to provide family planning costs the
lives of women and children. It is really just that simple. This also
is a common-sense measure that prevents HIV and AIDS.
I strongly oppose the Smith amendment and would urge my colleagues
oppose stripping out this important health care provision. The bill we
passed out of committee also declared that it was the sense of the
Congress and that the United States should demonstrate international
leadership in mitigating global warming. The Committee on Energy and
Commerce, however, refused to take up the responsibility of leadership
and removed this global climate change measure. If we refuse to lead,
we will be left behind technologically while we continue to contribute
disproportionately to the world's pollution and global warming.
The Committee on Rules has joined the Committee on Energy and
Commerce in this conspiracy of silence by refusing to allow a vote on
the Menendez amendment on climate change.
Also, I am disappointed that the Committee on Rules did not make in
order my amendment to advance democracy in fair and free elections on
Haiti. But, on balance, it is a bill which I urge my colleagues to
support. I thank the gentleman from Illinois again for this bipartisan
bill.
Mr. HYDE. Madam Chairman, I yield 3 minutes to the gentleman from
Nebraska (Mr. Bereuter).
(Mr. BEREUTER asked and was given permission to revise and extend his
remarks.)
Mr. BEREUTER. Madam Chairman, I rise in strong support of H.R. 1950,
and I commend the gentleman from Illinois (Mr. Hyde) and the gentleman
from California (Mr. Lantos) for crafting and presenting this important
legislation to the House for action.
Of course, a key goal of foreign relations authorization bills are to
provide the best and most secure service to American citizens traveling
and working overseas. Indeed, when lax security and dilapidation at
U.S. overseas facilities contribute to U.S. vulnerability to attacks
and subsequent American deaths, this country suffers.
Please recall the reaction to the tragic 1998 embassy bombings in
Nairobi and Dar es Saalam. All Americans shared a sense of pain, grief
and outrage at these senseless acts of terrorism. While not all attacks
on U.S. overseas missions can be averted, Congress must provide the
appropriate tools to improve the ability of the State Department to
guard against disasters like these.
On many occasions, Secretary of State Colin Powell has articulated
embassy security as a key priority for the State Department.
Additionally, this Member is a long-time supporter of increased embassy
security. In fact, in this legislation the funding level reflects a
commitment to embassy security by allocating over $1.653 billion in
fiscal year 2004 and $1.784 billion in fiscal year 2005 for ongoing
embassy security construction and maintenance. This is an important
additional step for both the administration and for Congress which now
must work together to ease restrictions which for
[[Page H6731]]
many years have significantly slowed the construction of new embassies
and consulates.
Furthermore, this Member is particularly pleased that the gentleman
from Illinois (Mr. Hyde) will offer an amendment to provide the initial
authorization for the Millennium Challenge Account. On March 14, 2002,
President Bush proposed the MCA, which would provide additional U.S.
aid for fiscal year 2006 to poor countries to be used for social sector
improvements such as agriculture, health, education, and the
environment. The President's concept underlying these proposals is
clear. Countries that rule justly, invest in their people and encourage
economic freedom will receive U.S. assistance.
The amendment which the chairman will offer is nearly identical to
H.R. 2441, the free-standing legislation offered by the gentleman from
Illinois (Mr. Hyde). This Member is a cosponsor of that legislation.
Secondly, an amendment he will offer today will establish a
Millennium Challenge Corporation, MCC, an entity which would be
authorized to provide development assistance grants to eligible
countries. Also, the MCC would work with national local organizations,
government and nongovernment organizations within eligible countries to
develop specific multi-year development goals.
Finally, the amendment includes a provision which this Member
requested to ensure that agricultural development would be among the
areas on which the MCA focuses.
Madam Chairman, this Member has had a long-standing interest and
experience in seeking to construct efficient, innovative ways to
deliver humanitarian assistance, especially in agriculture. I support
the amendment offered by the gentleman from Illinois and the
legislation and urge all Members to support it.
Indeed, if a country cannot feed itself, that country's prospects for
political, economic, and societal stability are greatly endangered.
Educating children and treating adults for communicable diseases simply
produces few results if the efforts are directed people who do not have
to eat.
Agricultural development programs which gather supplies of good seed,
build breeding livestock herds, construct basic irrigation systems and
viable roads to markets, provide microcredit, and establish rural
electric infrastructure do not require vast resources. However, such
programs to build subsistence farming capacity do require a clear
commitment from the U.S. Government and technical assistance gleaned
from the incredible human resources found within American land grant
colleges and universities, the NGO and cooperative communities, and the
private sector.
Previously, in 1985, this Member drafted a successful amendment to
the 1986 Farm Bill which required that, for the first time, a small
portion of 1 percent of the funds from the Food for Peace program could
be directed toward what is now the Farmer-to-Farmer program. Originally
implemented as a pilot program operating only in Central America and
the Caribbean, Farmer-to-Farmer has gained support from skeptics,
including the USAID, who believed that the concept was too simply to be
effective. The simple approach has worked and, in fact, has been
extended to Africa, Asia, South America, and the Newly Independent
States of the former Soviet Union (NIS).
Madam Chairman, some people within the Washington Beltway have
expressed similar concerns about the MCA. This Member sincerely hopes
that 18 years from today, the MCA proves to be as successful as the
Farmer-to-Farmer program in assisting the world's poor people.
In conclusion, this Member encourages his colleagues to vote for the
Hyde amendment regarding the MCA and for final passage of H.R. 1950.
Mr. FALEOMAVAEGA. Madam Chairman, I yield 1\1/2\ minutes to the
gentleman from New York (Mr. Israel).
Mr. ISRAEL. Madam Chairman, I rise to thank the gentleman from
Illinois and the ranking minority member for their support on a
critically important provision in this State Department authorization
act. It is a measure that I drafted and they embraced and included in
this bill. The Lantos-Israel language will require the Department of
State to include in its annual country report on human rights a
specific description on the nature and extent of curricula and
classrooms that promote violence and hatred and terrorism around the
world.
Why is this important? I believe it is important because I am
convinced that all of the road maps and all of the cease-fires and all
of the diplomatic accords and all of the agreements are going to be
futile for as long as children are taught in their second grade
classrooms how to hate, and the world will continue to be a very
violent place if we allow classrooms to teach kids how to blow things
up instead of how to put things together.
Some brief examples, I am talking about textbooks that teach children
that there is no alternative to the destruction of the state of Israel,
textbooks that equate Zionism with Nazism, textbooks that indoctrinated
the terrorists who attacked and murdered over 200 of my constituents on
September 11, 2001.
Madam Chairman, we have ignored school-sponsored lessons of hatred
for too long. This provision for the first time will monitor the
problem and will keep us focused on it, and it puts the world on notice
that we want kids who are educated to put things together rather than
indoctrinated on how to blow things up.
I thank the gentleman from Illinois and the ranking member for
advancing this critical measure.
Mr. FALEOMAVAEGA. Madam Chairman, I yield 1\1/2\ minutes to the
gentleman from New York (Mr. Crowley).
Mr. CROWLEY. Madam Chairman, I rise today to speak in strong support
of the Foreign Relations Authorization Act for fiscal year 2004 and
2005. I commend the gentleman from Illinois (Mr. Hyde) and the
gentleman from California (Mr. Lantos) for putting together such a
strong bipartisan bill.
This bill increases funding for State Department activities and
specifically increases funding for security for members of our Foreign
Service and at the embassies where they work.
{time} 1315
This increase is so important because of the continued terrorist
threat against our Nation's embassies abroad. This bill also addresses
the Quartet's road map and sets certain conditions that must be met
before the United States can agree to a Palestinian state. With what
looks like a potential end of the intifada, the Palestinians must prove
that they can protect the security of Israel and her people before they
be rewarded with statehood.
Another provision requires a report on democracy in the Western
Hemisphere that my good friend, the gentleman from Massachusetts (Mr.
Delahunt), included during the markup in the Committee on International
Relations. I believe this report will show Congress and the
administration the needs of our long neglected neighbors to the south.
The United States needs to increase engagement with the Western
Hemisphere to ensure that our neighbors continue on the path to durable
democracy. I believe this is a strong bipartisan bill, if it remains
intact, that deserves the support of all my colleagues.
Mr. FALEOMAVAEGA. Madam Chairman, I yield 1\1/2\ minutes to the
distinguished gentleman from Oregon (Mr. Blumenauer), a member of the
Committee on International Relations.
Mr. BLUMENAUER. Madam Chairman, I appreciate the gentleman's courtesy
for permitting me to speak in support of the State Department
authorization. I am pleased to be a member of the committee. I salute
the gentleman from Illinois (Mr. Hyde), our chairman, and the work that
he has done with the gentleman from California (Mr. Lantos), the
ranking member, to be able to deal in a bipartisan and cooperative
spirit with some of the major issues of our time. Certainly nothing
could be more important for us to have an opportunity for Congress to
be involved in a cooperative and thoughtful measure on things that
should not be rife with partisan divisions or unnecessary ideological
debate.
It seems to me that there are three important things for us to focus
on in the course of the discussion this afternoon. I am pleased with
the benchmark that has been established for the Millennium Challenge
Account, the opportunity; and I commend the administration for
injecting responsibility as a criterion for giving forth aid.
I look forward to the debate on the international family planning,
being able to retain, hopefully, the resources
[[Page H6732]]
for the United Nations population fund but to have a spirited and
thoughtful exchange for what that means. Last, but by no means least,
we are not going to give proper attention in the course of the detail
of the debate but there has been careful work done by the committee,
its staff and working with the State Department to be able to support
the leadership from our Secretary of State who is dealing with the
needs of the outstanding men and women who are on the front line
practicing diplomacy around the world, providing defense in areas of
threats to our security, promotion of commerce and, most important,
international understanding. I would hope that we will be able to
continue forward using this as a foundation to be able to have the type
of discussion that these issues merit.
Mr. FALEOMAVAEGA. Madam Chairman, I yield 1 minute to the gentleman
from New Jersey (Mr. Pallone).
Mr. PALLONE. Madam Chairman, a few weeks ago, President Bush
announced a $3 billion aid package to Pakistan. I do not support the
provisions of military aid in that package. However, President Bush was
willing to put some conditions on the Pakistan aid package. Those
conditions were, one, Pakistan must exemplify its effort to decrease
crossborder terrorism in Kashmir; two, Pakistan must end support of
nuclear nonproliferation in rogue nations; and, three, Pakistan must
exemplify steps toward returning to a democracy.
Madam Chairman, this bill today includes language included by the
gentleman from American Samoa that is consistent with the first two
conditions outlined by the President. It requires the State Department
to prepare a report that contains a description of the extent to which
Pakistan has closed all known terrorist training camps operating in
Pakistan and Pakistani-held Kashmir, has established serious and
identifiable measures to prohibit the infiltration of Islamic
extremists across the Line of Control into India, and has ceased the
transfer of weapons of mass destruction.
Because this important language is included in the bill, I rise in
support of this legislation and only wish to make the point that it is
equally as important for Pakistan to return to democracy in order to
ensure future peace and stability in South Asia.
Mr. FALEOMAVAEGA. Madam Chairman, I yield 1 minute to the gentlewoman
from Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Madam Chairman, there are many good
efforts, and I do want to thank the chairman and ranking member on this
bill that so many Members have a stake in, but I would like to add my
opposition to the amendment that will be on the floor just shortly, the
Smith-Oberstar-Hyde amendment that deals with limiting the actions on
behalf of the United Nations population fund, because family planning
and HIV/AIDS are so much intertwined that I think we need to show the
balance, and I encourage my colleagues to look for the balance. But I
thank the committee overall for the work they have done.
I want to cite, however, the importance of the millennium fund and
the increase that will occur through the passage of the Hyde-Lantos
amendment and I hope that we will be able to utilize it in countries
like Ethiopia. I also hope that we will be able to engage in colloquies
on this floor to talk about my issue of more women engaged in the peace
negotiations processes around the world and add more effort, if you
will, to engage in peacekeeping efforts in Liberia. And as well, I want
to make sure that we do not overlook the importance of following the
trail on the issue dealing with the uranium purchase in Africa that has
presented such conflicting statements from the White House. It is
important to tell the American people the truth. But I do believe that
our foreign policies have improved by way of this legislation.
Mr. FALEOMAVAEGA. Madam Chairman, I yield myself such time as I may
consume. I would like to again express our deepest appreciation to the
distinguished chairman of the Committee on International Relations and
also the senior ranking member not only for the outstanding job that
they have done in bringing this legislation to the floor but in the
spirit of bipartisanship that we are able to bring to this general
debate for consideration of the Members of this body and, more
importantly, the fact that we have allowed the general Members of this
body the opportunity to offer amendments. This is the spirit of
bipartisanship and the way democracy should operate. Again, I thank the
good chairman of our committee.
Mr. SMITH of New Jersey. Madam Chairman, I am pleased that Title XV
of the State Department authorization bill incorporates key provisions
of the Belarus Democracy Act of 2003, which I sponsored earlier this
year. The State Department's annual Country Reports on Human Rights
Practices report on Belarus states that the Belarusian regime's ``human
rights record remained very poor and worsened in several areas.''
Thanks to Alexander Lukashenka--aptly cited by The Washington Post as
``Europe's last dictator''--Belarus has the worst human rights record
in Europe today. The Helskinki Commission, which I Chair, as well as
the Organization for Security and Cooperation in Europe including its
Parliamentary Assembly, the United Nations, the Council of Europe, the
European Union and other international entities have all chronicled the
appalling state of human rights and democracy in a country located in
the heart of Europe. Belarus already borders NATO. In just a few years,
Belarus will border the European Union.
The Lukashenka regime has blatantly and repeatedly violated basic
freedoms of speech, expression, assembly, association and religion. The
independent media, non-governmental organizations (NGOs) and democratic
opposition have all faced harassment. Indeed, in the last few months,
his war against civil society has intensified--resulting in the closure
of non-governmental organizations, independent media outlets and
Western-funded media support groups, such as Internews Network group,
an international organization that helps develop independent media in
countries in transition.
Just last week, the Lukashenka regime denied continuation of the
accreditation of the International Research and Exchanges Board (IREX),
an American organization that has implemented a variety of assistance
programs in Belarus for years, including programs that helped the
struggling independent media. Last week, they ordered the closure of
the Minsk bureau of Russian NTV television. Just a few weeks ago,
Lukashenka closed down the National Humanities Lyceum, a highly
respected school promoting the study of the Belarusian language and
culture. There are growing, legitimate fears that Lukashenka is aiming
to remove Belarus from its vestiges of democracy dissent.
In October, Lukashenka signed into law the most restrictive religion
law in Europe. Independent journalists have been sentenced to
``corrective labor'' for their writings. There are credible allegations
of the Lukashenka regime's involvement in the disappearances of leading
opposition figures and a journalist. Here in Washington and at various
OSCE Parliamentary Assembly meetings, I've had occasion to meet with
the wives of the disappeared, Victor Gonchar, Anatoly Krasovsky, Yuri
Zakharenka, and Dmitry Zavadsky. These meetings have been heart-
wrenching. The cases of their husbands--who disappeared in 1999 and
2000 and are presumed to have been murdered--are a stark illustration
of the climate of fear that pervades in Belarus.
On the security front, reports of arms deals between the Belarusian
regime and rogue states, including Iraq and North Korea, continue to
circulate. Lukashenka and his regime were open in their support of
Saddam Hussein.
One of the primary purposes of this initiative is to demonstrate U.S.
support for those persevering to promote democracy and respect for
human rights in Belarus despite the onerous pressures they face from
the anti-democratic regime. Necessary assistance is authorized for
democracy-building activities such as support for non-governmental
organizations, independent media--including radio and television
broadcasting to Belarus--and international exchanges.
The bill also encourages free and fair parliamentary elections,
conducted in a manner consistent with international standards--in sharp
contrast to the 2000 parliamentary and 2001 presidential elections in
Belarus which flagrantly flaunted democratic standards. As a result of
these elections, Belarus has the distinction of lacking legitimate
presidential and parliamentary leadership, which contributes to that
country's self-imposed isolation. Parliamentary elections are scheduled
to be held in 2004, and we should encourage those who seek to create
the laws and environment conducive to a free and fair election.
In addition, the Executive Branch is encouraged to impose sanctions
against the
[[Page H6733]]
Lukashenka regime and deny high-ranking officials of the regime entry
into the United States. U.S. Government financing would be prohibited,
except for humanitarian goods and agricultural or medical products. The
U.S. Executive Directors of the international financial institutions
would be encouraged to vote against financial assistance to the
Government of Belarus except for loans and assistance that serve
humanitarian needs.
Madam Chairman, we are seeking to help put an end to the pattern of
clear and uncorrected human rights violations by the Lukashenka regime
and are hoping this will serve as a catalyst to facilitate Belarus'
integration into democratic Europe. The Belarusian people deserve to
live in a society where democratic principles and human rights are
respected and the rule of law is preeminent. The Belarusian people--who
have endured so much both under past and current dictatorships--deserve
our support as they work to overcome the legacy of the past and develop
a genuinely independent, democratic country.
In addition, Madam Chairman, in keeping with this authorization for
the Department of State, I want to express my appreciation for the work
of the Department in bringing needed attention to the concerns about
ongoing anti-Semitism, an age-old plague that still haunts many
countries in the OSCE, including our own. I have sought to identify
effective responses to this troubling phenomenon, including the
introduction of the resolution, H. Con. Res. 49 which passed last
month.
Last month, I joined Mayor Rudy Giuliani and Congressman Hastings in
Vienna for an OSCE conference specifically focused on anti-Semitism.
Having the OSCE itself take up this important cause is significant. In
fact, the idea was first raised in the May 2002 hearing of the Helsinki
Commission and also suggested in the resolution condemning anti-
Semitism I presented at the Berlin Parliamentary Assembly meeting last
summer. I offered a similar resolution week before last at the
Rotterdam OSCE PA meeting. Both resolutions passed the Assembly
unanimously. While the OSCE Parliamentary Assembly has actively
denounced anti-Semitic acts, I give great credit to the State
Department for making the Vienna Conference a reality. Notably, one
initiative emerging from the Vienna Conference was a pledge by our
German friends to hold a follow-up meeting in Berlin next year to focus
on anti-Semitism. I hope this meeting will rally the troops from
Europe, the U.S., and Canada to say in one voice ``never again.''
Finally, Madam Chairman, I was pleased to learn of Senator
Voinovich's amendment to the Senate's State Department reauthorization
bill requiring the Annual Report on International Religious Freedom to
include specific coverage of anti-Semitism. The amendment calls for the
report to cover ``acts of anti-Semitic violence that occurred in that
country'' and ``the response of the government of that country to such
acts of violence.'' Importantly, the amendment would mandate the report
to chronicle ``actions by the government of that country to enact and
enforce laws relating to the protection of the right to religious
freedom with respect to people of the Jewish faith.'' I think this is a
worthwhile idea and hope it will be enacted into law.
Mr. SHAYS. Mr. Chairman, I rise in support of H.R. 1950, the Foreign
Relations Authorization Act for Fiscal Years 2004 and 2005. In
particularly, I would like to comment on Section 273: Staffing at
Diplomatic Missions.
As Chairman of the Committee on Government Reform's Subcommittee on
National Security, Emerging Threats, and International Relations, I
have held several hearings on rightsizing the U.S. presence overseas.
Rightsizing the U.S. presence overseas is the process of putting the
right people with the right skills in the right places. It is first and
foremost about keeping U.S. personnel safe, but it is also about
successfully manning the diplomatic front in the war against terrorism.
Under-skilled personnel running visa lines in sensitive countries,
personnel handling communications without necessary language skills, or
a lack of staff to handle workloads hurt diplomatic readiness and a key
part of the war on terrorism: our nation's relationships with its
allies. Moreover, rightsizing involves every government agency with a
presence overseas, not simply the Department of State.
The war on terrorism, increased AIDS funding in Africa and the
Caribbean, the new Millennium Challenge Account program, changes to the
U.S. entry-exit rules, and a greater emphasis on foreign affairs all
promise to increase the workloads of overseas missions, and place
greater pressure on chiefs of mission to right-size staff.
At our request, the General Accounting Office (GAO) has pursued and
continues to pursue the rightsizing issue in concert with the Office of
Management and Budget (OMB). GAO created a rightsizing framework
consisting of three factors: physical and technical security of
facilities and employees, mission priorities and requirements, and cost
of operations. In addition, OMB has included rightsizing as part of the
President's Management Agenda and begun using Europe as a test case for
the GAO framework.
Section 273 calls on chiefs of mission to assist in the rightsizing
process by evaluating the necessity of all staff positions under their
authority, even those from other Executive Branch agencies. This
language was included at my request and reflects a small but important
part of the oversight work the Subcommittee has conducted. Section 273
brings us closer to giving the managers of U.S. embassies and
consulates overseas, the chiefs of mission, the tools they need to
effectively administer their posts and carry out U.S. foreign policy.
Mr. TOWNS. Madam Chairman, as we vote on H.R. 1950, the Foreign
Relations Authorization Act of FY2004 and FY2005, I want to draw the
attention of my colleagues to an important omission in this bill.
Section 303 of the Foreign Relations Authorization purports to
establish an Office of Ombudsman in the Department of State. However,
this bill did not create this office. Congress created this office in
P.L. 100-204. Congress passed this legislation over 15 years ago based
on its findings that (1) the effectiveness and efficiency of the
Department of State is dependent on the contributions of its Civil
Service and Foreign Service employees; (2) the contribution of the
Department's Civil Service employees has been overlooked in the
management of the Department and greater equity of promotion, training,
and career enhancement opportunities should be accorded to them and (3)
the goal of the Foreign Service Act of 1980 was to strengthen the
contribution made by the Department's Civil Service employees by
creating a cadre of experienced specialists and managers to provide
essential continuity.
Created with the Congressional findings in mind, the office of
Ombudsman was given the mission to ensure that civil service concerns
are identified and properly weighed by decision-makers, make
recommendations to management, and work with affected parties to
correct or alleviate systemic problems that adversely affect civil
service employees, and provide guidance and counseling to employees on
work and career-related matters. Additionally, the Ombudsman was given
the responsibility of advising the Secretary of State and senior
department management on civil service issues to ensure the ability of
civil service employees to contribute to the achievement of the
Department's foreign affairs responsibilities. Under the original
legislation, the Ombudsman reported to the Secretary of State, and
participated in all management council meetings to assure that the
concerns of civil service employees are presented.
Additionally, the original legislation assured that civil service
employees would not be disproportionately affected by reduction in
force or other actions which reduce the department's workforce.
Under the rubric of ``establishing'' the office of Ombudsman, the
bill before us today eviscerates the office as established by Congress.
It gives the Secretary discretion to determine the involvement of the
Ombudsman in the senior-level meetings, eliminates the office's focus
on civil service employees, and removes the requirement that the burden
of personnel reductions not be disproportionately imposed on civil
service employees.
Madam Chairman, section 303 of H.R. 1950 destroys the work of a
previous Congress without rhyme or reason. It is clear that our civil
service employees are a valuable asset. Our national security depends
on the work of civil service employees in the Department of State. If
we remove the protections afforded by this office, we are sending a
clear and unmistakable message that we are no longer concerned about
preserving the protections we have afforded them. We must reconsider
this ill-advised provision.
Mr. FALEOMAVAEGA. Madam Chairman, I yield back the balance of my
time.
Mr. HYDE. Madam Chairman, I have no further requests for time, and I
yield back the balance of my time.
The CHAIRMAN pro tempore (Mrs. Capito). All time for general debate
has expired.
Pursuant to House Resolution 316, the amendment in the nature of a
substitute recommended by the Committee on International Relations
printed in the bill, modified by the amendments recommended by the
Committees on Armed Services and Energy and Commerce also printed in
the bill, is considered as an original bill for the purpose of
amendment and is considered read.
The text of the committee amendment in the nature of a substitute, as
modified, is as follows:
H.R. 1950
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page H6734]]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Relations
Authorization Act, Fiscal Years 2004 and 2005''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Organization of Act Into Divisions.--This Act is
organized into two divisions as follows:
(1) Division a.--Department of State Authorization Act,
Fiscal Years 2004 and 2005.
(2) Division b.--Defense Trade and Security Assistance
Reform Act of 2003.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of act into divisions; table of contents.
Sec. 3. Definitions.
DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEARS 2004
AND 2005
Sec. 101. Short title.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
Sec. 111. Administration of foreign affairs.
Sec. 112. United States educational and cultural programs.
Sec. 113. Contributions to international organizations.
Sec. 114. International commissions.
Sec. 115. Migration and refugee assistance.
Sec. 116. Voluntary contributions to international organizations.
Sec. 117. Voluntary contributions for international peacekeeping
activities.
Sec. 118. Grants to the Asia Foundation.
Subtitle B--United States International Broadcasting Activities
Sec. 121. Authorizations of appropriations.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--United States Public Diplomacy
Sec. 201. Findings and purposes.
Sec. 202. Public diplomacy responsibilities of the Department of State.
Sec. 203. Annual plan on public diplomacy strategy.
Sec. 204. Public diplomacy training.
Sec. 205. United States Advisory Commission on Public Diplomacy.
Sec. 206. Library program.
Sec. 207. Sense of Congress concerning public diplomacy efforts in sub-
Saharan Africa.
Subtitle B--Basic Authorities and Activities
Sec. 221. United States policy with respect to Jerusalem as the capital
of Israel.
Sec. 222. Modification of reporting requirements.
Sec. 223. Report concerning efforts to promote Israel's diplomatic
relations with other countries.
Sec. 224. Reimbursement rate for certain airlift services provided by
the Department of Defense to the Department of State.
Sec. 225. Sense of Congress regarding additional United States consular
posts.
Sec. 226. Validity of United States passports for travel to countries
receiving United States foreign assistance.
Sec. 227. GAO assessment of security capital cost sharing.
Sec. 228. Authority to issue administrative subpoenas.
Sec. 229. Enhancing refugee resettlement and maintaining the United
States commitment to refugees.
Sec. 230. The Colin Powell Center for American Diplomacy.
Subtitle C--Educational and Cultural Authorities
Sec. 251. Establishment of initiatives for predominantly Muslim
countries.
Sec. 252. Database of American and foreign participants in exchange
programs.
Sec. 253. Report on inclusion of freedom and democracy advocates in
educational and cultural exchange programs.
Sec. 254. Sense of the Congress concerning educational and cultural
exchange program for foreign journalists.
Sec. 255. Sense of Congress regarding Korean Fulbright programs.
Sec. 256. Authorizing East Timorese scholarships for graduate study.
Sec. 257. Public safety awareness in study abroad programs.
Subtitle D--Consular Authorities
Sec. 271. Machine readable visas.
Sec. 272. Processing of visa applications.
Sec. 273. Staffing at diplomatic missions.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Sec. 301. Fellowship of Hope Program.
Sec. 302. Claims for lost pay.
Sec. 303. Ombudsman for the Department of State.
Sec. 304. Repeal of recertification requirement for senior foreign
service.
Sec. 305. Report concerning status of employees of State Department.
Sec. 306. Home leave.
Sec. 307. Increased limits applicable to post differentials and danger
pay allowances.
Sec. 308. Regulations regarding retirement credit for government
service performed abroad.
Sec. 309. Minority recruitment.
Sec. 310. Meritorious step increases.
TITLE IV--INTERNATIONAL ORGANIZATIONS
Subtitle A--Basic Authorities and Activities
Sec. 401. Raising the cap on peacekeeping contributions.
Sec. 402. Regarding the reentry of the United States in UNESCO.
Sec. 403. UNESCO national commission.
Sec. 404. Organization of American States (OAS) emergency fund.
Sec. 405. United States efforts regarding the status of Israel in the
Western European and Others Group at the United Nations.
Subtitle B--United States International Leadership
Sec. 431. Short title.
Sec. 432. Findings.
Sec. 433. Establishment of a democracy caucus.
Sec. 434. Annual diplomatic missions on multilateral issues.
Sec. 435. Leadership and membership of international organizations.
Sec. 436. Increased training in multilateral diplomacy.
Sec. 437. Promoting assignments to international organizations.
Sec. 438. Implementation and establishment of office on multilateral
negotiations.
Sec. 439. Synchronization of United States contributions to
international organizations.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
Subtitle A--Basic Authorities and Activities
Sec. 501. Mideast Radio and Television Network, Inc.
Sec. 502. Improving signal delivery to Cuba.
Sec. 503. Report concerning efforts to counter jamming of broadcasts of
Radio Marti and TV Marti.
Sec. 504. Pilot program for the promotion of travel and tourism in the
United States through United States international
broadcasting.
Sec. 505. Radio Free Asia broadcasts into North Korea.
Sec. 506. Prohibition on elimination of international broadcasting in
Eastern Europe.
Subtitle B--Global Internet Freedom
Sec. 521. Short title.
Sec. 522. Findings.
Sec. 523. Purposes.
Sec. 524. Development and deployment of technologies to defeat Internet
jamming and censorship.
Subtitle C--Reorganization of United States International Broadcasting
Sec. 531. Establishment of United States International Broadcasting
Agency.
Sec. 532. Authorities and functions of the agency.
Sec. 533. Role of the Secretary of State.
Sec. 534. Administrative provisions.
Sec. 535. Broadcasting Board of Governors and International
Broadcasting Bureau.
Sec. 536. Transition.
Sec. 537. Conforming amendments.
Sec. 538. References.
Sec. 539. Broadcasting standards.
Sec. 540. Effective date.
TITLE VI--INTERNATIONAL FREE MEDIA ACT OF 2003
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Findings.
Sec. 604. Statements of policy.
Sec. 605. Coordinator for International Free Media.
Sec. 606. United States Advisory Commission on Public Diplomacy and
International Media.
Sec. 607. International Free Media Fund.
Sec. 608. Free media promotion activity of the Broadcasting Board of
Governors.
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--Reporting Requirements
Sec. 701. Reports to Committee on International Relations.
Sec. 702. Reports concerning the capture and prosecution of
paramilitary and other terrorist leaders in Colombia.
Sec. 703. Reports relating to Magen David Adom Society.
Sec. 704. Report concerning the return of portraits of Holocaust
victims to the artist Dina Babbitt.
Sec. 705. Report to Congress on use of vested assets.
Sec. 706. Report concerning the conflict in Uganda.
Sec. 707. Requirement for report on United States policy toward Haiti.
Sec. 708. Report on the effects of Plan Colombia on Ecuador.
Sec. 709. Report on actions taken by Pakistan.
Sec. 710. Report on democracy in the Western Hemisphere.
Sec. 711. Report concerning internal and intra-regional conflicts in
the Great Lakes region of Africa.
Subtitle B--Other Matters
Sec. 721. Sense of Congress relating to East Timor, justice, and
rehabilitation.
Sec. 722. Sense of Congress concerning human rights and justice in
Indonesia.
Sec. 723. Amendment to the International Religious Freedom Act of 1998.
Sec. 724. Sense of Congress with respect to human rights in Central
Asia.
Sec. 725. Technical correction to authorization of appropriations for
fiscal year 2003 for Center for Cultural and Technical
Interchange Between East and West.
Sec. 726. Under Secretary of Commerce for Industry and Security.
[[Page H6735]]
Sec. 727. Concerning the spread of weapons of mass destruction.
Sec. 728. International agriculture biotechnology information program.
Sec. 729. Refugee resettlement burdensharing.
Sec. 730. Sense of Congress on climate change.
Sec. 731. Sense of Congress regarding migration issues between the
United States and Mexico.
Sec. 732. Sense of Congress concerning United States assistance to
Palestinian refugees.
Sec. 733. United States policy on World Bank Group loans to Iran.
Sec. 734. Sense of Congress relating to Soviet nuclear tests in
Kazakhstan.
Sec. 735. Sense of Congress relating to violence against women.
DIVISION B--DEFENSE TRADE AND SECURITY ASSISTANCE REFORM ACT OF 2003
TITLE X--GENERAL PROVISIONS
Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. References to Arms Export Control Act.
TITLE XI--TERRORIST-RELATED PROHIBITIONS AND ENFORCEMENT MEASURES
Sec. 1101. Eligibility provisions.
Sec. 1102. Weapons transfers to foreign persons in the United States.
Sec. 1103. Coordination of license exemptions with United States law
enforcement agencies.
Sec. 1104. Mechanisms to identify persons in violation of certain
provisions of law.
Sec. 1105. Comprehensive nature of United States arms embargoes.
Sec. 1106. Transactions with countries supporting acts of international
terrorism.
Sec. 1107. Amendments to control of arms exports and imports.
Sec. 1108. High risk exports and end use verification.
Sec. 1109. Concurrent jurisdiction of the Federal Bureau of
Investigation.
Sec. 1110. Report on foreign-supplied defense articles, defense
services, and dual use goods and technology discovered in
Iraq.
TITLE XII--STRENGTHENING MUNITIONS EXPORT CONTROLS
Sec. 1201. Control of items on Missile Technology Control Regime Annex.
Sec. 1202. Certifications relating to export of certain defense
articles and services.
Sec. 1203. Notification requirements for technical assistance and
manufacturing licensing agreements with NATO member
countries, Australia, New Zealand, and Japan.
Sec. 1204. Strengthening defense cooperation with Australia and the
United Kingdom.
Sec. 1205. Training and liaison for small businesses.
Sec. 1206. Study and report relating to co-locating munitions control
functions of the Departments of State, Defense, and
Homeland Security.
TITLE XIII--SECURITY ASSISTANCE AND RELATED PROVISIONS
Subtitle A--Foreign Military Sales and Financing Authorities
Sec. 1301. Authorization of appropriations.
Sec. 1302. Provision of cataloging data and services.
Sec. 1303. Annual estimate and justification for sales program.
Sec. 1304. Adjustment to advance notification requirement for transfer
of certain excess defense articles.
Subtitle B--International Military Education and Training
Sec. 1311. Authorization of appropriations.
Sec. 1312. Annual foreign military training reporting.
Subtitle C--Assistance for Select Countries
Sec. 1321. Assistance for Israel.
Sec. 1322. Assistance for Egypt.
Subtitle D--Miscellaneous Provisions
Sec. 1331. United States War Reserve Stockpiles for Allies.
Sec. 1332. Transfer to Israel of certain defense articles in the United
States War Reserve Stockpiles for Allies.
Sec. 1333. Expansion of authorities for loan of material, supplies, and
equipment for research and development purposes.
Sec. 1334. Assistance for demining and related activities.
Sec. 1335. Reports relating to Treaty Between the United States and the
Russian Federation on Strategic Offensive Reductions.
Sec. 1336. Statement of House of Representatives regarding the Treaty
Between the United States and the Russian Federation on
Strategic Offensive Reductions.
Sec. 1337. Nonproliferation and Disarmament Fund.
Sec. 1338. Maritime interdiction patrol boats for Mozambique.
Sec. 1339. Report on missile defense cooperation.
Sec. 1340. Iran's program to develop a nuclear explosive device.
TITLE XIV--MISSILE THREAT REDUCTION ACT OF 2003
Sec. 1401. Short title.
Subtitle A--Strengthening International Missile Nonproliferation Law
Sec. 1411. Findings.
Sec. 1412. Policy of the United States.
Sec. 1413. Sense of Congress.
Subtitle B--Strengthening United States Missile Nonproliferation Law
Sec. 1421. Probationary period for foreign persons.
Sec. 1422. Strengthening United States missile proliferation sanctions
on foreign persons.
Sec. 1423. Comprehensive United States missile proliferation sanctions
on all responsible persons.
Subtitle C--Incentives for Missile Threat Reduction
Sec. 1431. Foreign assistance.
Sec. 1432. Authorization of appropriations.
Sec. 1433. Authorization of technical assistance in missile
disarmament.
TITLE XV--PROMOTION OF DEMOCRACY, HUMAN RIGHTS, AND RULE OF LAW IN
BELARUS
Sec. 1501. Assistance to promote democracy and civil society in
Belarus.
Sec. 1502. Radio broadcasting to Belarus.
Sec. 1503. Sense of Congress relating to sanctions against the
Government of Belarus.
Sec. 1504. Multilateral cooperation.
Sec. 1505. Report.
Sec. 1506. Definitions.
TITLE XVI--ISRAELI-PALESTINIAN PEACE ENHANCEMENT ACT OF 2003
Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Purposes.
Sec. 1604. Sense of Congress.
Sec. 1605. Recognition of a Palestinian state.
Sec. 1606. Limitation on assistance to a Palestinian state.
Sec. 1607. Authorization of assistance to a Palestinian state.
TITLE XVII--MISCELLANEOUS FOREIGN ASSISTANCE PROVISIONS
Sec. 1701. Additional authorities relating to international narcotics
control assistance.
Sec. 1702. United States opium eradication program in Colombia.
Sec. 1703. Cooperative Development Program.
Sec. 1704. West Bank and Gaza Program.
Sec. 1705. Annual human rights country reports on incitement to acts of
discrimination.
Sec. 1706. Assistance to East Timor.
Sec. 1707. Support for democracy-building efforts for Cuba.
Sec. 1708. Amendment to the Afghanistan Freedom Support Act of 2002.
Sec. 1709. Congo Basin Forest Partnership.
Sec. 1710. Combatting the piracy of United States copyrighted
materials.
Sec. 1711. Assistance for law enforcement forces in certain foreign
countries.
Sec. 1712. Human Rights and Democracy Fund.
Sec. 1713. Enhanced police training.
Sec. 1714. Promoting a secure and democratic Afghanistan.
Sec. 1715. Grants to the Africa Society.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of State.
DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEARS 2004
AND 2005
SEC. 101. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act, Fiscal Years 2004 and 2005''.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS.
(a) In General.--The following amounts are authorized to be
appropriated for the Department under ``Administration of
Foreign Affairs'' to carry out the authorities, functions,
duties, and responsibilities in the conduct of the foreign
affairs of the United States, and for other purposes
authorized by law, including public diplomacy activities and
the diplomatic security program:
(1) Diplomatic and consular programs.--
(A) Authorization of appropriations.--For ``Diplomatic and
Consular Programs'', $4,187,544,000 for the fiscal year 2004
and $4,438,796,000 for the fiscal year 2005.
(B) Public diplomacy.--
(i) In general.--Of the amounts authorized to be
appropriated by subparagraph (A), $320,930,000 for the fiscal
year 2004 and $329,838,000 for the fiscal year 2005 is
authorized to be appropriated for public diplomacy.
(ii) Improvements in public diplomacy programs.--Of the
amounts authorized to be appropriated under clause (i)
$20,000,000 for the fiscal year 2004 and $20,000,000 for the
fiscal year 2005 is authorized to be available for
improvements and modernization of public diplomacy programs
and activities of the Department of State.
(iii) Translation services.--Of the amounts authorized to
be appropriated under clause (i), $4,000,000 for the fiscal
year 2004 and $4,000,000 for the fiscal year 2005 is
authorized to be available for translation services available
to public affairs officers in overseas posts.
(C) Worldwide security upgrades.--Of the amounts authorized
to be appropriated by subparagraph (A), $646,701,000 for the
fiscal year 2004 and $679,036,000 for the fiscal year 2005 is
authorized to be appropriated for worldwide security
upgrades.
[[Page H6736]]
(D) Bureau of democracy, human rights, and labor.--Of the
amounts authorized to be appropriated by subparagraph (A),
$20,000,000 for the fiscal year 2004 and $20,000,000 for the
fiscal year 2005 is authorized to be appropriated for
salaries and expenses of the Bureau of Democracy, Human
Rights, and Labor.
(E) Recruitment of minority groups.--Of the amount
authorized to be appropriated by subparagraph (A), $2,000,000
for the fiscal year 2004 and $2,000,000 for the fiscal year
2005 is authorized to be appropriated for the recruitment of
members of minority groups for careers in the Foreign Service
and international affairs.
(2) Capital investment fund.--For ``Capital Investment
Fund'', $157,000,000 for the fiscal year 2004 and
$161,710,000 for the fiscal year 2005.
(3) Embassy security, construction and maintenance.--
(A) In general.--For ``Embassy Security, Construction and
Maintenance'', $653,000,000 for the fiscal year 2004 and
$784,000,000 for the fiscal year 2005, in addition to amounts
otherwise authorized to be appropriated for such purpose
by section 604 of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (as enacted into law by section 1000(a)(7)
of Public Law 106-113 and contained in appendix G of that
Act; 113 Stat. 1501A-470).
(B) Amendment of the nance-donovan foreign relations
authorization act.--Section 604(a) of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001 (113 Stat. 1501A-453) is amended--
(i) at the end of paragraph (4) by striking ``and'';
(ii) in paragraph (5) by striking ``$900,000,000.'' and
inserting ``$1,000,000,000; and''; and
(iii) by inserting after paragraph (5) the following:
``(6) for fiscal year 2005, $1,000,000,000.''.
(4) Representation allowances.--For ``Representation
Allowances'', $9,000,000 for the fiscal year 2004 and
$9,000,000 for the fiscal year 2005.
(5) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $10,000,000
for the fiscal year 2004 and $10,000,000 for the fiscal year
2005.
(6) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service'',
$1,000,000 for the fiscal year 2004 and such sums as may be
necessary for the fiscal year 2005.
(7) Repatriation loans.--For ``Repatriation Loans'',
$1,219,000 for the fiscal year 2004 and $1,219,000 for the
fiscal year 2005.
(8) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $19,773,000
for the fiscal year 2004 and $20,761,000 for the fiscal year
2005.
(9) Office of the inspector general.--For ``Office of the
Inspector General'', $31,703,000 for the fiscal year 2004 and
$32,654,000 for the fiscal year 2005.
(b) Availability of Funds for Protection of Foreign
Missions and Officials.--The amount appropriated pursuant to
subsection (a)(5) is authorized to remain available through
September 30, 2006.
SEC. 112. UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS.
(a) In General.--Amounts in this section are authorized to
be appropriated for the Department of State to carry out
educational and cultural programs of the Department of State
under the United States Information and Educational Exchange
Act of 1948, the Mutual Educational and Cultural Exchange Act
of 1961, Reorganization Plan Number 2 of 1977, the Foreign
Affairs Reform and Restructuring Act of 1998, the Center for
Cultural and Technical Interchange Between East and West Act
of 1960, the Dante B. Fascell North-South Center Act of 1991,
and the National Endowment for Democracy Act, and to carry
out other authorities in law consistent with such purposes.
(b) Educational and Cultural Exchange Programs.--
(1) Authorization of appropriations.--For ``Educational and
Cultural Exchange Programs'', $393,000,000 for the fiscal
year 2004 and $405,000,000 for the fiscal year 2005.
(2) Programs in eastern europe and former soviet union.--Of
the amounts authorized to be appropriated under paragraph
(1), $150,000,000 for the fiscal year 2004 and $150,000,000
for the fiscal year 2005 is authorized to be available for
programs in Eastern Europe and countries of the former Soviet
Union.
(3) Academic exchange programs.--
(A) In general.--Of the amounts authorized to be
appropriated under paragraph (1), $142,000,000 for the fiscal
year 2004 and $142,000,000 for the fiscal year 2005 is
authorized to be available for the ``Academic Exchange
Programs'' (other than programs described in paragraph (4)).
(B) Hiv/aids initiative.--Of the amounts authorized to be
available under subparagraph (A), $1,000,000 for the fiscal
year 2004 and $1,000,000 for the fiscal year 2005 is
authorized to be available for HIV/AIDS research and
mitigation strategies.
(C) Fulbright english teaching assistant program in
korea.--Of the amounts authorized to be available by
subparagraph (A), $750,000 for the fiscal year 2004 and
$750,000 for the fiscal year 2005 is authorized to be
available for the Fulbright English Teaching Assistant
Program in Korea, which sends United States citizen students
to serve as English language teaching assistants at Korean
colleges and high schools.
(D) Dante b. fascell north-south center.--Of the amounts
authorized to be available by subparagraph (A), $1,025,000
for the fiscal year 2004 and $1,025,000 for the fiscal year
2005 is authorized to be available for the ``Dante B. Fascell
North-South Center''.
(E) George j. mitchell scholarship program.--Of the amounts
authorized to be available under subparagraph (A), $500,000
for the fiscal year 2004 and $500,000 for the fiscal year
2005 is authorized to be available for the ``George J.
Mitchell Scholarship Program'' which provides for one year of
postgraduate study for American scholars at institutions of
higher education in Ireland and Northern Ireland.
(4) Other educational and cultural exchange programs.--
(A) In general.--Of the amounts authorized to be
appropriated under paragraph (1), $110,000,000 for the fiscal
year 2004 and $110,000,000 for the fiscal year 2005 is
authorized to be available for other educational and cultural
exchange programs authorized by law.
(B) Initiatives for predominantly muslim countries.--Of the
amounts authorized to be available under subparagraph (A),
$35,000,000 for the fiscal year 2004 and $35,000,000 for the
fiscal year 2005 is authorized to be available for
initiatives for predominantly Muslim countries established
under section 251.
(C) Tibetan exchanges.--Of the amounts authorized to be
available under subparagraph (A), $500,000 for the fiscal
year 2004 and $500,000 for the fiscal year 2005 is authorized
to be available for ``Ngawang Choephel Exchange Programs''
(formerly known as ``programs of educational and cultural
exchange between the United States and the people of Tibet'')
under section 103(a) of the Human Rights, Refugee, and Other
Foreign Relations Provisions Act of 1996 (Public Law 104-
319).
(D) East timorese scholarships.--Of the amounts authorized
to be available under subparagraph (A), $1,000,000 for the
fiscal year 2004 and $1,000,000 for the fiscal year 2005 is
authorized to be available for ``East Timorese
Scholarships''.
(E) South pacific exchanges.--Of the amounts authorized to
be available under subparagraph (A), $750,000 for the fiscal
year 2004 and $750,000 for the fiscal year 2005 is authorized
to be available for ``South Pacific Exchanges''.
(F) Sudanese scholarships.--Of the amounts authorized to be
available under subparagraph (A), $500,000 for the fiscal
year 2004 and $500,000 for the fiscal year 2005 is authorized
to be available for scholarships for students from southern
Sudan for secondary or postsecondary education in the United
States, to be known as ``Sudanese Scholarships''.
(G) Summer institutes for korean students.--Of the amounts
authorized to be available under subparagraph (A), $750,000
for the fiscal year 2004 and $750,000 for the fiscal year
2005 is authorized to be available for summer academic study
programs in the United States (focusing on United States
political systems, government institutions, society, and
democratic culture) for college and university students from
the Republic of Korea, to be known as the ``United States
Summer Institutes for Korean Student Leaders''.
(H) Scholarships for indigenous peoples of mexico and
central and south america.--Of the amounts authorized to be
available under subparagraph (A), $400,000 for the fiscal
year 2004 and $400,000 for the fiscal year 2005 is authorized
to be available for scholarships for postsecondary education
in the United States for students from Mexico and the
countries of Central and South America who are from the
indigenous peoples of the region.
(c) National Endowment for Democracy.--
(1) In general.--For the ``National Endowment for
Democracy'', $45,000,000 for the fiscal year 2004 and
$47,000,000 for the fiscal year 2005.
(2) Initiatives for predominantly muslim countries.--Of the
amounts authorized to be appropriated under paragraph (1),
$3,000,000 for the fiscal year 2004 and $3,000,000 for the
fiscal year 2005 is authorized to be available for the
National Endowment for Democracy to fund programs that
promote democracy, good governance, the rule of law,
independent media, religious tolerance, the rights of women,
and strengthening of civil society in countries of
predominantly Muslim population within the jurisdiction of
the Bureau of Near Eastern Affairs of the Department of
State.
(d) Center for Cultural and Technical Interchange Between
East and West.--For the ``Center for Cultural and Technical
Interchange between East and West'', $14,280,000 for the
fiscal year 2004 and $14,280,000 for the fiscal year 2005.
(e) Reagan-Fascell Democracy Fellows.--For the ``Reagan-
Fascell Democracy Fellows'', for fellowships for democracy
activists and scholars from around the world at the
International Forum for Democratic Studies in Washington,
D.C., to study, write, and exchange views with other
activists and scholars and with Americans, $1,000,000 for the
fiscal year 2004 and $1,000,000 for the fiscal year 2005.
(f) Benjamin Gilman International Scholarship Program.--
Section 305 of the Microenterprise for Self-Reliance and
International Anti-Corruption Act of 2000 (22 U.S.C. 2462
note) is amended by striking ``$1,500,000'' and inserting
``$2,500,000''.
SEC. 113. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) Assessed Contributions to International
Organizations.--There is authorized to be appropriated under
the heading ``Contributions to International Organizations''
$1,010,463,000 for the fiscal year 2004 and $1,040,776,000
for the fiscal year 2005 for the Department to carry out the
authorities, functions, duties, and responsibilities in the
conduct of the foreign affairs of the United States with
respect to international organizations and to carry out other
authorities in law consistent with such purposes.
(b) Contributions for International Peacekeeping
Activities.--There is authorized
[[Page H6737]]
to be appropriated under the heading ``Contributions for
International Peacekeeping Activities'' $550,200,000 for the
fiscal year 2004 and such sums as may be necessary for the
fiscal year 2005 for the Department to carry out the
authorities, functions, duties, and responsibilities in the
conduct of the foreign affairs of the United States with
respect to international peacekeeping activities and to carry
out other authorities in law consistent with such purposes.
(c) Foreign Currency Exchange Rates.--
(1) Authorization of appropriations.--In addition to the
amounts authorized to be appropriated by subsection (a),
there is authorized to be appropriated such sums as may be
necessary for the fiscal years 2004 and 2005 to offset
adverse fluctuations in foreign currency exchange rates.
(2) Availability of funds.--Amounts appropriated under this
subsection may be available for obligation and expenditure
only to the extent that the Director of the Office of
Management and Budget determines and certifies to the
appropriate congressional committees that such amounts are
necessary due to such fluctuations.
(d) Refund of Excess Contributions.--The United States
shall continue to insist that the United Nations and its
specialized and affiliated agencies shall credit or refund to
each member of the organization or agency concerned its
proportionate share of the amount by which the total
contributions to the organization or agency exceed the
expenditures of the regular assessed budget of the
organization or agency.
SEC. 114. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated
under ``International Commissions'' for the Department to
carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States with respect to international commissions, and
for other purposes authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'', $31,562,000 for the
fiscal year 2004 and $31,562,000 for the fiscal year 2005;
and
(B) for ``Construction'', $8,901,000 for the fiscal year
2004 and $8,901,000 for the fiscal year 2005.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United
States and Canada'', $1,261,000 for the fiscal year 2004 and
$1,261,000 for the fiscal year 2005.
(3) International joint commission.--For ``International
Joint Commission'', $7,810,000 for the fiscal year 2004 and
$7,810,000 for the fiscal year 2005.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $20,043,000 for the
fiscal year 2004 and $20,043,000 for the fiscal year 2005.
SEC. 115. MIGRATION AND REFUGEE ASSISTANCE.
(a) In General.--There is authorized to be appropriated for
the Department for ``Migration and Refugee Assistance'' for
authorized activities, $927,000,000 for the fiscal year 2004
and $957,000,000 for the fiscal year 2005.
(b) Refugees Resettling in Israel.--Of the amount
authorized to be appropriated by subsection (a), $50,000,000
for the fiscal year 2004 and $50,000,000 for the fiscal year
2005 is authorized to be available for the resettlement of
refugees in Israel.
(c) Tibetan Refugees in India and Nepal.--Of the amount
authorized to be appropriated by subsection (a), $2,000,000
for the fiscal year 2004 and $2,000,000 for the fiscal year
2005 is authorized to be available for humanitarian
assistance, including food, medicine, clothing, and medical
and vocational training, to Tibetan refugees in India and
Nepal who have fled Chinese-occupied Tibet.
(d) Humanitarian Assistance for Displaced Burmese.--Of the
amount authorized to be appropriated by subsection (a),
$2,000,000 for the fiscal year 2004 and $2,000,000 for the
fiscal year 2005 is authorized to be available for
humanitarian assistance (including food, medicine, clothing,
and medical and vocational training) to persons displaced as
a result of civil conflict in Burma, including persons still
within Burma.
(e) Availability of Funds.--Funds appropriated pursuant to
this section are authorized to remain available until
expended.
SEC. 116. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL
ORGANIZATIONS.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Department of State for
``Voluntary Contributions to International Organizations'',
$342,555,000 for the fiscal year 2004 and $345,000,000 for
the fiscal year 2005.
(b) United Nations Voluntary Fund for Victims of Torture.--
Of the amounts authorized to be appropriated under subsection
(a), $6,000,000 for the fiscal year 2004 and $7,000,000 for
the fiscal year 2005 is authorized to be available for a
United States voluntary contribution to the United Nations
Voluntary Fund for Victims of Torture.
(c) Organization of American States.--Of the amounts
authorized to be appropriated under subsection (a) $2,000,000
for fiscal years 2004 and 2005 is authorized to be available
for a United States voluntary contribution to the
Organization of American States for the Inter-American
Committee Against Terrorism (CICTE) to identify and develop a
port in the Latin American and Caribbean region into a model
of best security practices and appropriate technologies for
improving port security in the Western Hemisphere. Amounts
authorized to be available by the preceding sentence are
authorized to remain available until expended and are in
addition to amounts otherwise available to carry out section
301 of the Foreign Assistance Act of 1961 (22 U.S.C. 2221).
(d) Restrictions on United States Contributions to United
Nations Development Program.--
(1) Limitation.--Of the amounts made available under
subsection (a) for each of the fiscal years 2004 and 2005 for
United States contributions to the United Nations Development
Program an amount equal to the amount the United Nations
Development Program will spend in Burma during each fiscal
year shall be withheld unless during such fiscal year the
Secretary of State submits to the appropriate congressional
committees the certification described in paragraph (2).
(2) Certification.--The certification referred to in
paragraph (1) is a certification by the Secretary of State
that all programs and activities of the United Nations
Development Program (including United Nations Development
Program--Administered Funds) in Burma--
(A) are focused on eliminating human suffering and
addressing the needs of the poor;
(B) are undertaken only through international or private
voluntary organizations that have been deemed independent of
the State Peace and Development Council (SPDC) (formerly
known as the State Law and Order Restoration Council
(SLORC)), after consultation with the leadership of the
National League for Democracy and the leadership of the
National Coalition Government of the Union of Burma;
(C) provide no financial, political, or military benefit to
the SPDC; and
(D) are carried out only after consultation with the
leadership of the National League for Democracy and the
leadership of the National Coalition Government of the Union
of Burma.
(e) United Nations Population Fund (UNFPA).--
(1) Authorization of appropriations.--Of the amounts
authorized to be appropriated under subsection (a),
$50,000,000 for each of the fiscal years 2004 and 2005 is
authorized only to be available for a United States voluntary
contribution to the United Nations Population Fund (UNFPA).
(2) Permanent guidelines for voluntary contributions to
unfpa.--Section 301 of the Foreign Assistance Act of 1961 (22
U.S.C. 2221) is amended by inserting after subsection (a) the
following new subsection:
``(b)(1) For fiscal year 2004 and each subsequent fiscal
year, funds appropriated to the President or the Department
of State under any law for a voluntary contribution to the
United Nations Population Fund (UNFPA) may be obligated and
expended for such purpose beginning 30 days after such funds
become available and only if the President certifies to the
Congress that the United Nations Population Fund (UNFPA) does
not directly support or participate in coercive abortion or
involuntary sterilization. The certification authority of the
President under the preceding sentence may not be delegated.
``(2) In paragraph (1), the term `directly supports or
participates in coercive abortion or involuntary
sterilization' means knowingly and intentionally working with
a purpose to continue, advance, or expand the practice of
coercive abortion or involuntary sterilization, or playing a
primary and essential role in a coercive or involuntary
aspect of a country's family planning program.''.
SEC. 117. VOLUNTARY CONTRIBUTIONS FOR INTERNATIONAL
PEACEKEEPING ACTIVITIES.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Department of State for
``Voluntary Contributions for International Peacekeeping'',
$110,000,000 for the fiscal year 2004 and $110,000,000 for
the fiscal year 2005.
(b) Peacekeeping in Africa.--Of the amounts authorized to
be appropriated under subsection (a), $40,000,000 for the
fiscal year 2004 and such sums as may be necessary for the
fiscal year 2005 is authorized to be appropriated for
peacekeeping activities in Africa.
SEC. 118. GRANTS TO THE ASIA FOUNDATION.
Section 404 of The Asia Foundation Act (title IV of Public
Law 98-164; 22 U.S.C. 4403) is amended to read as follows:
``Sec. 404. There is authorized to be appropriated to the
Secretary of State $18,000,000 for the fiscal year 2004 and
$18,000,000 for the fiscal year 2005 for grants to The Asia
Foundation pursuant to this title.''.
Subtitle B--United States International Broadcasting Activities
SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.
The following amounts are authorized to be appropriated to
carry out United States Government broadcasting activities
under the United States Information and Educational Exchange
Act of 1948, the United States International Broadcasting Act
of 1994, the Radio Broadcasting to Cuba Act, the Television
Broadcasting to Cuba Act, and the Foreign Affairs Reform and
Restructuring Act of 1998, and to carry out other authorities
in law consistent with such purposes:
(1) International broadcasting operations.--
(A) In general.--For ``International Broadcasting
Operations'', $600,354,000 for the fiscal year 2004 and
$612,146,000 for the fiscal year 2005.
(B) Allocation of funds.--Of the amounts authorized to be
appropriated by subparagraph (A), there is authorized to be
available for Radio Free Asia $30,000,000 for the fiscal year
2004 and $30,000,000 for the fiscal year 2005.
(C) Office of global internet freedom.--Of the amounts
authorized to be appropriated by subparagraph (A), there is
authorized to be available for the Broadcasting Board of
Governors for the establishment and operations of the Office
of Global Internet Freedom under section 524(a) $8,000,000
for the fiscal year 2004 and $8,000,000 for the fiscal year
2005.
[[Page H6738]]
(2) Broadcasting capital improvements.--For ``Broadcasting
Capital Improvements'', $29,895,000 for the fiscal year 2004
and $11,395,000 for the fiscal year 2005.
(3) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$26,901,000 for the fiscal year 2004 and $27,439,000 for the
fiscal year 2005.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--United States Public Diplomacy
SEC. 201. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) The United States possesses strong and deep connections
with the peoples of the world separate from its relations
with their governments. These connections can be a major
asset in the promotion of United States interests and foreign
policy.
(2) Misinformation and hostile propaganda in these
countries regarding the United States and its foreign policy
endanger the interests of the United States. Existing efforts
to counter such misinformation and propaganda are inadequate
and must be greatly enhanced in both scope and substance.
(3) United States foreign policy has been hampered by an
insufficient consideration of the importance of public
diplomacy in the formulation and implementation of that
policy and by the underuse of modern communication
techniques.
(4) The United States should have an operational strategy
and a coordinated effort regarding the utilization of its
public diplomacy resources.
(5) The development of an operational strategy and a
coordinated effort by United States agencies regarding public
diplomacy would greatly enhance United States foreign policy.
(6) The Secretary of State has undertaken efforts to ensure
that of the new positions established at the Department of
State after September 30, 2002, a significant proportion are
for public diplomacy.
(b) Purposes.--It is the purpose of this subtitle to
enhance in scope and substance, redirect, redefine, and
reorganize United States public diplomacy.
SEC. 202. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT
OF STATE.
(a) In General.--The State Department Basic Authorities Act
of 1956 (22 U.S.C. 265 et seq.) is amended by inserting after
section 58 the following new section:
``SEC. 59. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE
DEPARTMENT OF STATE.
``(a) In General.--The Secretary of State shall make public
diplomacy an integral component in the planning and execution
of United States foreign policy. The Department of State, in
coordination with the United States International
Broadcasting Agency, shall develop a comprehensive strategy
for the use of public diplomacy resources and assume a
prominent role in coordinating the efforts of all Federal
agencies involved in public diplomacy. Public diplomacy
efforts shall be addressed to developed and developing
countries, to select and general audiences, and shall utilize
all available media to ensure that the foreign policy of the
United States is properly explained and understood not only
by the governments of countries but also by their peoples,
with the objective of enhancing support for United States
foreign policy. The Secretary shall ensure that the public
diplomacy strategy of the United States is cohesive and
coherent and shall aggressively and through the most
effective mechanisms counter misinformation and propaganda
concerning the United States. The Secretary shall endeavor to
articulate the importance in American foreign policy of the
guiding principles and doctrines of the United States,
particularly freedom and democracy. The Secretary, in
coordination with the Board of Governors of the United States
International Broadcasting Agency, shall develop and
articulate long-term measurable objectives for United States
public diplomacy. The Secretary is authorized to produce and
distribute public diplomacy programming for distribution
abroad in order to achieve public diplomacy objectives,
including through satellite communication, the Internet, and
other established and emerging communications technologies.
``(b) Information Concerning United States Assistance.--
``(1) Identification of assistance.--In cooperation with
the United States Agency for International Development
(USAID) and other public and private assistance organizations
and agencies, the Secretary shall ensure that information
concerning foreign assistance provided by the United States
Government, United States nongovernmental organizations and
private entities, and the American people is disseminated
widely and prominently, particularly, to the extent
practicable, within countries and regions that receive such
assistance. The Secretary shall ensure that, to the extent
practicable, projects funded by the United States Agency for
International Development (USAID) that do not involve
commodities, including projects implemented by private
voluntary organizations, are identified as being supported by
the United States of America, as American Aid or provided by
the American people.
``(2) Report to congress.--Not later than 120 days after
the end of each fiscal year, the Secretary shall submit a
report to the Committee on International Relations of the
House of Representatives and the Committee on Foreign
Relations of the Senate on efforts to disseminate information
concerning assistance described in paragraph (1) during the
preceding fiscal year. Each such report shall include
specific information concerning all instances in which the
United States Agency for International Development has not
identified projects in the manner prescribed in paragraph (1)
because such identification was not practicable. Any such
report shall be submitted in unclassified form, but may
include a classified appendix.
``(c) Authority.--Subject to the availability of
appropriations, the Secretary may contract with and
compensate government and private agencies or persons for
property and services to carry out this section.''.
(b) Establishment of Public Diplomacy Reserve Corps.--
(1) The Secretary of State shall establish a public
diplomacy reserve corps to augment the public diplomacy
capacity and capabilities of the Department in emergency and
critical circumstances worldwide. The Secretary shall develop
a contingency plan for the use of the corps to bolster
public diplomacy resources and expertise. To the extent
necessary and appropriate, the Secretary may recruit
experts in public diplomacy and related fields from the
private sector.
(2) While actively serving with the reserve corps,
individuals are prohibited from engaging in activities
directly or indirectly intended to influence public opinion
within the United States to the same degree that employees of
the Department engaged in public diplomacy are so prohibited.
(c) Functions of the Under Secretary for Public
Diplomacy.--
(1) Section 1(b)(3) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(b)(3)) is amended by
striking ``formation'' and all that follows through the
period at the end and inserting ``formation, supervision, and
implementation of United States public diplomacy policies,
programs, and activities, including the provision of guidance
to Department personnel in the United States and overseas who
conduct or implement such policies, programs, and activities.
The Under Secretary for Public Diplomacy shall assist the
United States Agency for International Broadcasting in
presenting the policies of the United States clearly and
effectively, shall submit statements of United States policy
and editorial material to the Agency for broadcast
consideration in addition to material prepared by the Agency,
and shall ensure that editorial material created by the
Agency for broadcast is reviewed expeditiously by the
Department.''.
(2) The Under Secretary for Public Diplomacy, in carrying
out the functions under the last sentence of section 1(b)(3)
of the State Department Basic Authorities Act of 1956 (as
added by paragraph (1), shall consult with public diplomacy
officers operating at United States overseas posts and in the
regional bureaus of the Department of State.
SEC. 203. ANNUAL PLAN ON PUBLIC DIPLOMACY STRATEGY.
The Secretary of State, in coordination with all
appropriate Federal agencies, shall prepare an annual review
and analysis of the impact of public diplomacy efforts on
target audiences. Each review shall assess the United States
public diplomacy strategy worldwide and by region, including
the allocation of resources and an evaluation and assessment
of the progress in, and barriers to, achieving the goals set
forth under previous plans submitted under this section. On
the basis of such review, the Secretary of State, in
coordination with all appropriate Federal agencies shall
develop and submit, as part of the annual budget submission,
a public diplomacy strategy which specifies goals, agency
responsibilities, and necessary resources and mechanisms for
achieving such goals during the next fiscal year. The plan
may be submitted in classified form.
SEC. 204. PUBLIC DIPLOMACY TRAINING.
(a) Findings.--The Congress makes the following findings:
(1) The Foreign Service should recruit individuals with
expertise and professional experience in public diplomacy.
(2) Ambassadors should have a prominent role in the
formulation of public diplomacy strategies for the countries
and regions to which they are assigned and be accountable for
the operation and success of public diplomacy efforts at
their posts.
(3) Initial and subsequent training of Foreign Service
officers should be enhanced to include information and
training on public diplomacy and the tools and technology of
mass communication.
(b) Personnel.--
(1) In the recruitment, training, and assignment of members
of the Foreign Service, the Secretary shall emphasize the
importance of public diplomacy and of applicable skills and
techniques. The Secretary shall consider the priority
recruitment into the Foreign Service, at middle-level entry,
of individuals with expertise and professional experience in
public diplomacy, mass communications, or journalism,
especially individuals with language facility and experience
in particular countries and regions.
(2) The Secretary of State shall seek to increase the
number of Foreign Service officers proficient in languages
spoken in predominantly Muslim countries. Such increase shall
be accomplished through the recruitment of new officers and
incentives for officers in service.
SEC. 205. UNITED STATES ADVISORY COMMISSION ON PUBLIC
DIPLOMACY.
(a) Study and Report by United States Advisory Commission
on Public Diplomacy.--Section 604(c)(2) of the United States
Information and Educational Exchange Act of 1948 (22 U.S.C.
1469(c)(2)) is amended to read as follows:
``(2)(A) Not less often than every two years, the
Commission shall undertake an in-depth review of United
States public diplomacy programs, policies, and activities.
Each study shall assess the effectiveness of the various
mechanisms of United States public diplomacy, in light of
factors including public and media attitudes around the world
toward the United States, Americans, United States foreign
policy, and the role of the American private-sector community
abroad, and make appropriate recommendations.
[[Page H6739]]
``(B) A comprehensive report of each study under
subparagraph (A) shall be submitted to the Secretary of State
and the appropriate congressional committees. At the
discretion of the Commission, any report under this
subsection may be submitted in classified or unclassified
form, as appropriate.''.
(b) Information and Support From Other Agencies.--Upon
request of the United States Advisory Commission on Public
Diplomacy, the Secretary of State, the Director of the United
States International Broadcasting Agency, and the head of any
other Federal agency that conducts public diplomacy programs
and activities shall provide information to the Advisory
Commission to assist in carrying out the responsibilities
under section 604(c)(2) of the United States Information and
Educational Exchange Act of 1948 (as amended by subsection
(a)).
(c) Enhancing the Expertise of United States Advisory
Commission on Public Diplomacy.--
(1) Qualifications of members.--Section 604(a)(2) of the
United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1469(a)(2)) is amended by adding at the end
the following: ``At least 4 members shall have substantial
experience in the conduct of public diplomacy or
comparable activities in the private sector. At least 1
member shall be an American residing abroad. No member may
be an officer or employee of the United States.''.
(2) Application of amendment.--The amendments made by
paragraph (1) shall not apply to individuals who are members
of the United States Advisory Commission on Public Diplomacy
on the date of the enactment of this Act.
SEC. 206. LIBRARY PROGRAM.
The Secretary of State shall develop and implement a
demonstration program to assist foreign governments to
establish or upgrade their public library systems to improve
literacy and support public education. The program should
provide training in the library sciences. The purpose of the
program shall be to advance American values and society,
particularly the importance of freedom and democracy.
SEC. 207. SENSE OF CONGRESS CONCERNING PUBLIC DIPLOMACY
EFFORTS IN SUB-SAHARAN AFRICA.
(a) Findings.--The Congress makes the following findings:
(1) A significant number of sub-Saharan African countries
have predominantly Muslim populations, including such key
countries as Nigeria, Senegal, Djibouti, Mauritania, and
Guinea.
(2) In several of these countries, groups with links to
militant religious organizations are active among the youth,
primarily young men, promoting a philosophy and practice of
intolerance and radical clerics are effectively mobilizing
public sentiment against the United States.
(b) Sense of Congress.--It is the sense of the Congress
that the Secretary should include countries in sub-Saharan
Africa with predominantly Muslim populations in the public
diplomacy activities authorized by this Act and the
amendments made by this Act.
SEC. 208. THE COLIN POWELL CENTER FOR AMERICAN DIPLOMACY.
Title I of the State Department Basic Authorities Act of
1956 is amended by adding after section 59 (22 U.S.C. 2730)
the following new section:
``SEC. 60. COLIN POWELL CENTER FOR AMERICAN DIPLOMACY.
``(a) Designation.--The diplomacy center of the Department
of State, located in the Harry S Truman building, is hereby
designated as the `Colin Powell Center for American
Diplomacy' (hereinafter in this section referred to as the
`Center').
``(b) Activities.--
``(1) Support authorized.--The Secretary of State is
authorized to provide by contract, grant, or otherwise, for
the performance of appropriate museum visitor and educational
outreach services, including organizing conference
activities, museum shop services, and food services, in the
public exhibit and related space utilized by the Center.
``(2) Payment of expenses.--The Secretary may pay all
reasonable expenses of conference activities conducted by the
Center, including refreshments and reimbursement of travel
expenses incurred by participants.
``(3) Recovery of costs.--Any revenues generated under the
authority of paragraph (1) for visitor services may be
retained, as a recovery of the costs of operating the Center,
and credited to any Department of State appropriation.
``(c) Disposition of Center Artifacts and Materials.--
``(1) Property of secretary.--All historic documents,
artifacts, or other articles permanently acquired by the
Department of State and determined by the Secretary to be
suitable for display in the Center shall be considered to be
the property of the Secretary in the Secretary's official
capacity and shall be subject to disposition solely in
accordance with this subsection.
``(2) Sale or trade.--Whenever the Secretary makes the
determination under paragraph (3) with respect to an item,
the Secretary may sell at fair market value, trade, or
transfer the item, without regard to the requirements of
subtitle I of title 40, United States Code. The proceeds of
any such sale may be used solely for the advancement of the
Center's mission and may not be used for any purpose other
than the acquisition and direct care of collections.
``(3) Determinations prior to sale or trade.--The
determination referred to in paragraph (2), with respect to
an item, is a determination that--
``(A) the item no longer serves to further the purposes of
the Center established in the collections management policy
of the Center; or
``(B) in order to maintain the standards of the collections
of the Center, the sale or exchange of the item would be a
better use of the item.
``(4) Loans.--The Secretary may also lend items covered by
paragraph (1), when not needed for use or display in the
Center, to the Smithsonian Institution or a similar
institution for repair, study, or exhibition.''.
Subtitle B--Basic Authorities and Activities
SEC. 221. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS
THE CAPITAL OF ISRAEL.
(a) Limitation on Use of Funds for Consulate in
Jerusalem.--None of the funds authorized to be appropriated
by this Act may be expended for the operation of a United
States consulate or diplomatic facility in Jerusalem unless
such consulate or diplomatic facility is under the
supervision of the United States Ambassador to Israel.
(b) Limitation on Use of Funds for Publications.--None of
the funds authorized to be appropriated by this Act may be
available for the publication of any official government
document which lists countries and their capital cities
unless the publication identifies Jerusalem as the capital of
Israel.
(c) Record of Place of Birth as Israel for Passport
Purposes.--The first section of ``An Act to regulate the
issue and validity of passports, and for other purposes'',
approved July 3, 1926 (22 U.S.C. 211a; 44 Stat. 887) is
amended by inserting after the first sentence the following:
``For purposes of the issuance of a passport of a United
States citizen born in the city of Jerusalem, the Secretary
shall, upon the request of the citizen or the citizen's
legal guardian, record the place of birth as Israel.''.
SEC. 222. MODIFICATION OF REPORTING REQUIREMENTS.
(a) Repeal.--Section 805 of the Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (section 805(a) of division A of H.R. 3427, as
enacted into law by section 1000(a)(7) of Public Law 106-113;
appendix G; 113 Stat. 1501A-470) (relating to reports on
terrorist activity in which United States citizens were
killed and related matters) is hereby repealed.
(b) Annual Country Reports on Terrorism.--Section 140(b)(2)
of the Foreign Relations Authorization Act, Fiscal Years 1988
and 1989 (Public Law 100-204; 22 U.S.C. 2656f(b)(2)) is
amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) for the reports due through May 1, 2005, information
concerning terrorist attacks in Israel, territory
administered by Israel, and territory administered by the
Palestinian Authority, including--
``(i) a list of all citizens of the United States killed or
injured in such attacks during the previous year;
``(ii) the date of each attack and the total number of
people killed or injured in each attack;
``(iii) the person or group claiming responsibility for the
attack and where such person or group has found refuge or
support;
``(iv) to the extent possible, a list of suspects
implicated in each attack and the nationality of each
suspect, including information on their whereabouts (or
suspected whereabouts);
``(v) a list of any terrorist suspects in these cases who
are members of Palestinian police or security forces, the
Palestine Liberation Organization, or any Palestinian
governing body;
``(vi) the status of each case pending against a suspect,
including information on whether the suspect has been
arrested, detained, indicted, prosecuted, or convicted by the
Palestinian Authority or Israel, and if detained and then
released, the date of such release, and whether any released
suspect was implicated in subsequent acts of terrorism;
``(vii) available information on convictions, releases or
changes in the situation of suspects involved in attacks
committed prior to December 31, 2003, and not covered in
previous reports submitted under section 805(a) of the
Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001; and
``(viii) the policy of the Department of State with respect
to offering rewards for information on terrorist suspects,
including any information on whether a reward has been posted
for suspects involved in terrorist attacks listed in the
report.''.
(c) Consultation.--The Secretary of State shall, in
preparing the portion of the annual country reports on
terrorism required by subparagraph (F) of section 140(b)(2)
of the Foreign Relations Authorization Act, Fiscal Years 1988
and 1989 (Public Law 100-204; 22 U.S.C. 2656f(b)(2)), as
added by subsection (b), consult and coordinate with all
other Government officials who have information necessary to
complete that portion of the report. Nothing contained in
this subsection shall require the disclosure, on a classified
or unclassified basis, of information that would jeopardize
sensitive sources and methods or other vital national
security interests or jeopardize ongoing criminal
investigations or proceedings.
SEC. 223. REPORT CONCERNING EFFORTS TO PROMOTE ISRAEL'S
DIPLOMATIC RELATIONS WITH OTHER COUNTRIES.
(a) Findings.--The Congress makes the following findings:
(1) Israel is a friend and ally of the United States whose
security is vital to regional stability and United States
interests.
(2) Israel currently maintains diplomatic relations with
approximately 160 countries. Approximately 30 countries do
not have any diplomatic relations with Israel.
(3) The State of Israel has been actively seeking to
establish formal relations with a number of countries.
[[Page H6740]]
(4) The United States should assist its ally, Israel, in
its efforts to establish diplomatic relations.
(5) After more than 50 years of existence, Israel deserves
to be treated as an equal nation by its neighbors and the
world community.
(b) Report Concerning United States Efforts To Promote
Israel's Diplomatic Relations With Other Countries.--Not
later than 60 days after the date of the enactment of this
Act, the Secretary shall submit a report to the appropriate
congressional committees that includes the following
information (in classified or unclassified form, as
appropriate):
(1) Actions taken by the United States to encourage other
countries to establish full diplomatic relations with Israel.
(2) Specific responses solicited and received by the
Secretary from countries that do not maintain full diplomatic
relations with Israel with respect to the status of
negotiations to enter into diplomatic relations with Israel.
(3) Other measures being undertaken, and measures that will
be undertaken, by the United States to ensure and promote
Israel's full participation in the world diplomatic
community.
SEC. 224. REIMBURSEMENT RATE FOR CERTAIN AIRLIFT SERVICES
PROVIDED BY THE DEPARTMENT OF DEFENSE TO THE
DEPARTMENT OF STATE.
(a) Authority.--Subsection (a) of section 2642 of title 10,
United States Code, is amended--
(1) by striking ``provided by a component of the Department
of Defense to the'' and inserting ``provided by a component
of the Department of Defense as follows:
``(1) To the''; and
(2) by adding at the end the following new paragraph:
``(2) To the Department of State for the transportation of
armored motor vehicles to a foreign country to meet
unfulfilled requirements of the Department of State for
armored motor vehicles in that foreign country.''.
(b) Conforming and Clerical Amendments.--(1) The heading
for such section is amended to read as follows:
``Sec. 2642. Airlift services provided to Central
Intelligence Agency and Department of State: reimbursement
rate''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 157 of such title is
amended to read as follows:
``2642. Airlift services provided to Central Intelligence Agency and
Department of State: reimbursement rate.''.
SEC. 225. SENSE OF CONGRESS REGARDING ADDITIONAL UNITED
STATES CONSULAR POSTS.
It is the sense of the Congress that to help advance United
States economic, political, and public diplomacy interests,
the Secretary of State should make best efforts to establish
consulates or other appropriate diplomatic presence in:
Pusan, South Korea; Medan, Indonesia; and Hat Yai, Thailand.
SEC. 226. VALIDITY OF UNITED STATES PASSPORTS FOR TRAVEL TO
COUNTRIES RECEIVING UNITED STATES FOREIGN
ASSISTANCE.
The first section of the Act entitled ``An Act to regulate
the issue and validity of passports, and for other
purposes'', approved July 3, 1926 (22 U.S.C. 211a) is amended
by striking ``travellers.'' and inserting ``travellers, and
no such restriction may apply to a country in which the
United States is providing assistance authorized by the
Foreign Assistance Act of 1961.''.
SEC. 227. GAO ASSESSMENT OF SECURITY CAPITAL COST SHARING.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Congress a report on plans
for security capital cost sharing between the Department of
State and other Federal agencies with personnel assigned to
United States diplomatic facilities under the authority of a
chief of mission pursuant to section 207 of the Foreign
Service Act of 1980 (22 U.S.C. 3927).
(b) Report Elements.--In addition to such other information
as the Comptroller General considers appropriate, the report
described in subsection (a) shall address and make
recommendations regarding the following:
(1) The anticipated projected costs that the Department of
State proposes to be paid through an inter-agency security
capital cost sharing program.
(2) The mechanism the Department of State proposes to use
in allocating assessments under such a program and any
alternatives the General Accounting Office suggests be
considered.
(3) Factors that should be incorporated into any process
for implementing such a program and a financial assessment of
such factors, including the cost of services provided to the
Department of State by other Federal agencies.
(4) The means of ensuring transparency in the cost
assessment process of such a program.
(5) Mechanisms for adjudicating disagreements among Federal
agencies regarding assessed fees under such a program.
SEC. 228. AUTHORITY TO ISSUE ADMINISTRATIVE SUBPOENAS.
Section 37 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2709) is amended by adding at the end the
following new subsection:
``(d) Administrative Subpoenas.--
``(1) In general.--If the Secretary determines that there
is an imminent threat against a person, foreign mission, or
international organization protected under the authority of
subsection (a)(3), the Secretary may issue in writing, and
cause to be served, a subpoena requiring--
``(A) the production of any records or other items relevant
to the threat; and
``(B) testimony by the custodian of the items required to
be produced concerning the production and authenticity of
those items.
``(2) Requirements.--
``(A) Return date.--A subpoena under this subsection shall
describe the items required to be produced and shall specify
a return date within a reasonable period of time within which
the requested items may be assembled and made available. The
return date specified may not be less than 24 hours after
service of the subpoena.
``(B) Notification to attorney general.--As soon as
practicable following the issuance of a subpoena under this
subsection, the Secretary shall notify the Attorney General
of its issuance.
``(C) Other requirements.--The following provisions of
section 3486 of title 18, United States Code, shall apply to
the exercise of the authority of paragraph (1):
``(i) Paragraphs (4) through (8) of subsection (a).
``(ii) Subsections (b), (c), and (d).
``(3) Delegation of authority.--The authority under this
subsection may be delegated only to the Deputy Secretary of
State.
``(4) Annual report.--Not later than February 1 of each
year, the Secretary shall submit to the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives a report regarding
the exercise of the authority under this subsection during
the previous calendar year.''.
SEC. 229. ENHANCING REFUGEE RESETTLEMENT AND MAINTAINING THE
UNITED STATES COMMITMENT TO REFUGEES.
(a) Findings.--The Congress makes the following findings:
(1) The United States has a longstanding tradition of
providing refugee assistance and relief through the
Department of State's migration and refugee assistance
account for refugees throughout the world who have been
subjected to religious and other forms of persecution.
(2) A strong refugee resettlement and assistance program is
a critical component of the United States' strong commitment
to freedom.
(3) The United States refugee admissions program has been
in decline for much of the last five years, resulting in a
chronic inability of the United States to meet the ceiling on
refugee admissions that has been set by the President each
year.
(4) Refugee applicants have always undergone rigorous
security screenings. The September 11, 2001, terrorist
attacks on the United States has rightfully increased the
awareness of the need to ensure that all aliens seeking
admission to the United States would not endanger the United
States.
(5) Private voluntary organizations and nongovernmental
organizations (NGOs) have and continue to provide valuable
information to State Department officials for refugee
processing, and along with Embassy personnel, can be utilized
to assist in the preliminary screening of refugees so that
State Department officials can focus to a greater extent on
security.
(6) Currently there are 15 million refugees worldwide. In
order to meet the ceiling set by the Administration, which
has been 70,000 in recent years, a broader cross-section
could be considered for resettlement in the United States
if the Department of State were to expand existing refugee
processing priority categories in a reasonable and
responsible manner. Expansion of refugee selection should
include the expanded use of both the existing category
reserved for refugees of special interest to the United
States as well as the existing categories reserved for
family reunification.
(b) Purpose.--It is the purpose of this section to provide
the Department of State with tools to enable it to carry out
its responsibilities with greater efficiency with respect to
the identification and processing of refugee applicants.
(c) Enhancement of Refugee Identification and Processing.--
(1) In addition to traditional agencies currently used in
the processing of refugees for admission to the United
States, where applicable, the Secretary shall develop and
utilize partnerships with voluntary resettlement
organizations that permit such organizations to assist in the
identification and referral of refugees.
(2) In addition to traditional agencies currently used in
the processing of refugees for admission to the United
States, where applicable, the Secretary shall utilize private
voluntary organizations with ties to domestic constituencies
in the overseas processing of refugees.
(3) In addition to traditional agencies currently used in
the processing of refugees for admission to the United
States, where applicable, the Secretary shall establish
refugee response teams.
(A) Establishment of refugee response teams.--In order to
make the processing of refugees more efficient and effective,
enhance the quality of refugee resettlement programs, and to
augment the capacity of the United States government to
identify, process, assist, and counsel individuals for
eventual adjudication by the Department of Homeland Security
as refugees, where applicable, the Secretary shall establish
and utilize the services of Refugee Response Teams, (in this
section referred to as ``RRTs''). RRTs shall be coordinated
by the Assistant Secretary of State for Population, Refugees,
and Migration, or the Assistant Secretary's designee.
(B) Composition of the rrts.--RRTs shall be comprised of
representatives of nongovernmental organizations and private
voluntary organizations that have experience in refugee law,
policy and programs.
(C) Responsibilities of the rrts.--RRTs shall be
responsible for--
[[Page H6741]]
(i) monitoring refugee situations, with a view toward
identifying those refugees whose best durable solution is
third country resettlement;
(ii) preparing profiles and documentation for resettlement
consideration by the United States Government;
(iii) augmenting or establishing an overseas operation,
especially in response to urgent developments requiring quick
responses or more staff resources than are available in the
existing processing entities;
(iv) assisting with training and technical assistance to
existing international organizations and other processing
entities; and
(v) such other responsibilities as may be determined by the
Secretary of State.
(D) Responsibilities of the secretary.--The Secretary shall
establish appropriate training seminars for RRT personnel
and make use of RRTs in situations where existing
mechanisms are unable to identify and process refugees in
a timely manner.
(d) Performance Standards.--In consultation with private
voluntary organizations and NGOs, the Secretary shall
establish performance standards to ensure accountability and
effectiveness in the tasks carried out in subsection (c).
(e) Consideration of Various Groups.--To ensure that there
is adequate planning across fiscal years and that both the
Department of State's planning and processing operations
result in adequate numbers of travel-ready refugees to
fulfill the admissions goals set forth in the determinations
on refugee admissions required by sections 207(a) and 207(b)
of the Immigration and Nationality Act (8 U.S.C. 1157(a) and
(b)), the Secretary of State shall work to ensure that--
(1) those refugees in special need, including long-stayers
in first countries of asylum, unaccompanied refugee minors,
urban refugees, and refugees in women-headed households be
given special attention for resettlement processing;
(2) attempts are made to expand processing of those
refugees of all nationalities who have close family ties to
citizens and residents in the United States, including
spouses, unmarried children, or parents of persons lawfully
admitted to the United States, regardless of their country of
nationality, country of habitual residence, or first country
of asylum, as well as grandparents, grandchildren, married
sons or daughters, or siblings of United States citizens or
other persons lawfully admitted to the United States;
(3) attempts are made to expand the number of refugees
considered who are of special concern to the United States;
and
(4) expanded access is provided to broader categories of
refugees seeking admission to the United States, thus
reducing instances of relationship-based misrepresentation by
persons who are bona fide refugees but who resort to such
misrepresentation merely as a way to be interviewed for
refugee status.
(f) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit a
report to Congress that includes information concerning the
following:
(1) Efforts of the Secretary to utilize NGO's in refugee
identification, utilize private voluntary organizations in
processing refugees, establish and utilize RRTs, and an
explanation of the rationale for not using such organizations
and agencies in situations where the Secretary has made such
a determination, as described in subsection (c).
(2) Efforts of the Secretary to implement performance
standards and measures as described in subsection (d) and the
success of NGO's and private voluntary organizations in
meeting such standards.
(3) Efforts of the Secretary to expand consideration of
various groups for refugee processing as described in
subsection (e).
(4) Efforts to ensure that there is planning across fiscal
years so as to fulfill the refugee admissions goals set forth
by the President in his annual presidential determinations on
refugee admissions.
SEC. 230. THE COLIN POWELL CENTER FOR AMERICAN DIPLOMACY.
Title I of the State Department Basic Authorities Act of
1956 is amended by adding after section 59 (22 U.S.C. 2730)
the following new section:
``SEC. 60. COLIN POWELL CENTER FOR AMERICAN DIPLOMACY.
``(a) Designation.--The diplomacy center of the Department
of State, located in the Harry S Truman building, is hereby
designated as the `Colin Powell Center for American
Diplomacy' (hereinafter in this section referred to as the
`Center').
``(b) Activities.--
``(1) Support authorized.--The Secretary of State is
authorized to provide by contract, grant, or otherwise, for
the performance of appropriate museum visitor and educational
outreach services, including organizing conference
activities, museum shop services, and food services, in the
public exhibit and related space utilized by the Center.
``(2) Payment of expenses.--The Secretary may pay all
reasonable expenses of conference activities conducted by the
Center, including refreshments and reimbursement of travel
expenses incurred by participants.
``(3) Recovery of costs.--Any revenues generated under the
authority of paragraph (1) for visitor services may be
retained, as a recovery of the costs of operating the Center,
and credited to any Department of State appropriation.
``(c) Disposition of Center Artifacts and Materials.--
``(1) Property of secretary.--All historic documents,
artifacts, or other articles permanently acquired by the
Department of State and determined by the Secretary to be
suitable for display in the Center shall be considered to be
the property of the Secretary in the Secretary's official
capacity and shall be subject to disposition solely in
accordance with this subsection.
``(2) Sale or trade.--Whenever the Secretary makes the
determination under paragraph (3) with respect to an item,
the Secretary may sell at fair market value, trade, or
transfer the item, without regard to the requirements of
subtitle I of title 40, United States Code. The proceeds of
any such sale may be used solely for the advancement of the
Center's mission and may not be used for any purpose other
than the acquisition and direct care of collections.
``(3) Determinations prior to sale or trade.--The
determination referred to in paragraph (2), with respect to
an item, is a determination that--
``(A) the item no longer serves to further the purposes of
the Center established in the collections management policy
of the Center; or
``(B) in order to maintain the standards of the collections
of the Center, the sale or exchange of the item would be a
better use of the item.
``(4) Loans.--The Secretary may also lend items covered by
paragraph (1), when not needed for use or display in the
Center, to the Smithsonian Institution or a similar
institution for repair, study, or exhibition.''.
Subtitle C--Educational and Cultural Authorities
SEC. 251. ESTABLISHMENT OF INITIATIVES FOR PREDOMINANTLY
MUSLIM COUNTRIES.
(a) Findings.--The Congress makes the following findings:
(1) Surveys indicate that, in countries of predominantly
Muslim population, opinions of the United States and American
foreign policy among the general public and select audiences
are significantly distorted by highly negative and hostile
beliefs and images and that many of these beliefs and images
are the result of misinformation and propaganda by
individuals and organizations hostile to the United States.
(2) These negative opinions and images are highly
prejudicial to the interests of the United States and to its
foreign policy.
(3) As part of a broad and long-term effort to enhance a
positive image of the United States in the Muslim world, a
key element should be the establishment of programs to
promote a greater familiarity with American society and
values among the general public and select audiences in
countries of predominantly Muslim population.
(b) Establishment of Initiatives.--The Secretary of State
shall establish the following programs with countries with
predominantly Muslim populations as part of the educational
and cultural exchange programs of the Department of State for
the fiscal years 2004 and 2005:
(1) Journalism program.--A program for foreign journalists,
editors, media managers, and postsecondary students of
journalism which, in cooperation with private sector sponsors
to include universities, shall sponsor workshops and
professional training in techniques, standards, and practices
in the field of journalism to assist the participants to
achieve the highest standards of professionalism.
(2) English language teaching.--The Secretary shall provide
grants to United States citizens to work in middle and
secondary schools as English language teaching assistants for
not less than an academic year. If feasible, the host
government or local educational agency shall share the salary
costs of the assistants.
(3) Sister city partnerships.--The Secretary shall expand
and enhance sister-city partnerships between United States
and international municipalities in an effort to increase
global cooperation at the community level. Such
partnerships shall encourage economic development,
municipal cooperation, health care initiatives, youth and
educational programs, disability advocacy, emergency
preparedness, and humanitarian assistance.
(4) Civics education.--The Secretary shall establish a
civics education program which shall develop civics education
teaching curricula and materials, provide training for
teachers of civics, and provide English language teaching
materials that are designed to promote civics education.
Civics education programs under this paragraph shall place
particular emphasis on the on-site training of educators and
the function of the mass media within that society.
(5) Youth ambassadors.--The Secretary shall establish a
program for visits by middle school students (to the extent
feasible) and secondary school students to the United States
during school holidays in their home country for periods not
to exceed 4 weeks and a program for academic year study in
the United States for secondary school students.
Participating students shall reflect the economic,
geographic, and ethnic diversity of their countries.
Activities shall include cultural and educational activities
designed to familiarize participating students with American
society and values. To the extent practicable, the program
involving school holiday visits shall be coordinated with
middle and secondary schools in the United States to provide
for school-based activities and interactions. The Secretary
shall encourage the establishment of direct school-to-school
linkages under the programs.
(6) Fulbright exchange program.--The Secretary shall seek
to substantially increase the number of awards under the J.
William Fulbright Educational Exchange Program to graduate
students, scholars, professionals, teachers, and
administrators from the United States who are applying for
such awards to study, teach, conduct research, or pursue
scholarship in predominantly Muslim countries. Part of such
increase shall include awards for scholars and teachers who
plan to teach subjects relating to American studies.
(7) Hubert h. humphrey fellowships.--The Secretary shall
seek to substantially increase the number of Hubert H.
Humphrey Fellowships
[[Page H6742]]
awarded to candidates from predominantly Muslim countries.
(8) Library training exchange program.--The Secretary shall
develop an exchange program for postgradute students seeking
additional training in the library sciences and related
fields.
(c) General Provision.--Programs established under this
section shall be carried out under the provisions of the
United States Information and Educational Exchange Act of
1948 and the Mutual Educational and Cultural Exchange Act of
1961.
SEC. 252. DATABASE OF AMERICAN AND FOREIGN PARTICIPANTS IN
EXCHANGE PROGRAMS.
To the extent practicable, the Secretary of State, in
coordination with the heads of other agencies that conduct
international exchange and training programs, shall establish
and maintain a database listing all American and foreign
alumni of such programs in order to encourage networking,
interaction, and communication with alumni.
SEC. 253. REPORT ON INCLUSION OF FREEDOM AND DEMOCRACY
ADVOCATES IN EDUCATIONAL AND CULTURAL EXCHANGE
PROGRAMS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall submit to the Congress
a report concerning the implementation of section 102 of the
Human Rights, Refugee, and Other Foreign Relations Provisions
Act of 1996. The report shall include information concerning
the number of grants to conduct exchange programs to
countries described in such section that have been submitted
for competitive bidding, what measures have been taken to
ensure that willingness to include supporters of freedom and
democracy in such programs is given appropriate weight in the
selection of grantees, and an evaluation of whether United
States exchange programs in the countries described in such
section are fully open to supporters of freedom and
democracy, and, if not, what obstacles remain and what
measures are being taken to implement such policy.
SEC. 254. SENSE OF THE CONGRESS CONCERNING EDUCATIONAL AND
CULTURAL EXCHANGE PROGRAM FOR FOREIGN
JOURNALISTS.
It is the sense of the Congress that the Secretary of State
should work toward the establishment of a program for foreign
journalists from regions of conflict that will provide
professional training in techniques, standards, and practices
in the field of journalism.
SEC. 255. SENSE OF CONGRESS REGARDING KOREAN FULBRIGHT
PROGRAMS.
It is the sense of the Congress that Fulbright program
activities for Korea should--
(1) include participation by students from throughout South
Korea, including proportional representation from areas
outside of Seoul;
(2) attempt to include Korean students from a broad range
of educational institutions, including schools other than
elite universities;
(3) broaden the Korean student emphasis beyond degree-
seeking graduate students, to include opportunities for one-
year nondegree study at United States campuses by pre-
doctoral Korean students; and
(4) include a significant number of Korean students
planning to move into areas other than advanced research and
university teaching, such as those heading towards careers in
government service, media, law, and business.
SEC. 256. AUTHORIZING EAST TIMORESE SCHOLARSHIPS FOR GRADUATE
STUDY.
Section 237 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by
inserting ``graduate or'' after ``at the''.
SEC. 257. PUBLIC SAFETY AWARENESS IN STUDY ABROAD PROGRAMS.
With respect to the Department of State's support for study
abroad programs, Congress--
(1) encourages the Bureau of Educational and Cultural
Affairs to support public safety awareness activities as part
of such programs; and
(2) encourages the Bureau to continue supporting such
activities and urges special attention to public safety
issues, including road safety.
Subtitle D--Consular Authorities
SEC. 271. MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (8 U.S.C. 1351 note) is amended by
adding at the end the following:
``(4) For each of the fiscal years 2004 and 2005, any
amount that exceeds $700,000,000 may be made available only
if a notification is submitted to Congress in accordance with
the procedures applicable to reprogramming notifications
under section 34 of the State Department Basic Authorities
Act of 1956.''.
SEC. 272. PROCESSING OF VISA APPLICATIONS.
(a) In General.--It shall be the policy of the Department
of State to process each visa application from an alien
classified as an immediate relative or as a K-1 nonimmigrant
within 30 days of the receipt of all necessary documents from
the applicant and the Department of Homeland Security. In the
case of an immigrant visa application where the petitioner is
a relative other than an immediate relative, it should be the
policy of the Department to process such an application
within 60 days of the receipt of all necessary documents from
the applicant and the Department of Homeland Security.
(b) Definitions.--In this section:
(1) Immediate relative.--The term ``immediate relative''
has the meaning given the term in section 201(b)(2)(A)(i) of
the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)).
(2) K-1 nonimmigrant.--The term ``K-1 nonimmigrant'' means
a nonimmigrant alien described in section 101(a)(15)(K)(i) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(K)(i)).
SEC. 273. STAFFING AT DIPLOMATIC MISSIONS.
At least once every five years and pursuant to a process
determined by the President for staffing at diplomatic
missions and overseas constituent posts, the Secretary of
State shall require each chief of mission to review every
staff element under chief of mission authority, including
staff from other executive agencies, and recommend approval
or disapproval of each staff element. The Secretary of State
shall submit an annual report concerning such reviews
together with the Secretary's recommendations to the heads of
all affected agencies and the Inspector General of the
Department of State.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
SEC. 301. FELLOWSHIP OF HOPE PROGRAM.
The Secretary of State is authorized to establish in the
Department of State an exchange program to be designated the
``Fellowship of Hope Program''. The program shall provide for
the exchange and assignment of government employees of
designated countries to fellowship positions at the
Department of State and reciprocal assignment of civil
service and foreign service employees of the Department as
fellows within the governments of foreign countries.
SEC. 302. CLAIMS FOR LOST PAY.
Section 2 of the State Department Basic Authorities Act (22
U.S.C. 2669) is amended--
(1) at the end of subsection (o) by striking the period and
inserting ``; and''; and
(2) by inserting after subsection (o) the following new
subsection:
``(p) make administrative corrections or adjustments to an
employee's pay, allowances, or differentials, resulting from
mistakes or retroactive personnel actions, and to provide
back pay and other categories of payments under the Back Pay
Act as part of the settlement of administrative claims or
grievances filed against the Department.''.
SEC. 303. OMBUDSMAN FOR THE DEPARTMENT OF STATE.
(a) Establishment.--There is established in the Office of
the Secretary of State the position of Ombudsman. The
position of Ombudsman shall be a career position within the
Senior Executive Service. The Ombudsman shall report directly
to the Secretary of State.
(b) Duties.--At the discretion of the Secretary of State,
the Ombudsman shall participate in meetings regarding the
management of the Department in order to assure that all
employees may contribute to the achievement of the
Department's responsibilities and to promote the career
interests of all employees.
(c) Conforming Amendment.--Section 172 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 (22
U.S.C. 2664a) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 304. REPEAL OF RECERTIFICATION REQUIREMENT FOR SENIOR
FOREIGN SERVICE.
Section 305 of the Foreign Service Act of 1980 (22 U.S.C.
3945) is amended by striking subsection (d).
SEC. 305. REPORT CONCERNING STATUS OF EMPLOYEES OF STATE
DEPARTMENT.
Not later than one year after the date of the enactment of
this Act, the Secretary of State shall prepare and submit to
the appropriate congressional committees a report that
analyzes and evaluates the merits of the conversion of
employees of the Department of State to excepted service
under chapter 21 of title 5, United States Code.
SEC. 306. HOME LEAVE.
(a) Rest and Recuperation Travel.--Section 901(6) of the
Foreign Service Act of 1980 (22 U.S.C. 4081(6)) is amended by
striking ``unbroken by home leave'' both places it appears.
(b) Required Leave in the United States.--Section 903(a) of
the Foreign Service Act of 1980 (22 U.S.C. 4083(a)) is
amended by striking ``18 months'' and inserting ``12
months''.
SEC. 307. INCREASED LIMITS APPLICABLE TO POST DIFFERENTIALS
AND DANGER PAY ALLOWANCES.
(a) Post Differentials.--Section 5925(a) of title 5, United
States Code, is amended by striking ``25 percent'' in the
third sentence and inserting ``35 percent''.
(b) Danger Pay Allowances.--Section 5928 of title 5, United
States Code, is amended by striking ``25 percent'' both
places it appears and inserting ``35 percent''.
(c) Criteria.--The Secretary shall inform the appropriate
congressional committees of the criteria to be used in
determinations of appropriate adjustments in post
differentials under section 5925 of title 5, United States
Code, and danger pay allowances under section 5928 of title
5, United States Code.
(d) Study and Report.--Two years after the date of the
enactment of this Act, the Secretary of State shall conduct a
study assessing the effect of the increases in post
differentials and danger pay allowances made by the
amendments in subsections (a) and (b) in filling ``hard-to-
fill'' positions. The Secretary shall submit a report of such
study to the appropriate congressional committees.
SEC. 308. REGULATIONS REGARDING RETIREMENT CREDIT FOR
GOVERNMENT SERVICE PERFORMED ABROAD.
Section 321(f) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (5 U.S.C. 8411 note; Public Law 107-228) is
amended by striking ``regulations'' and inserting
``regulations, not later than 60 days after the date of the
enactment of the Foreign Relations Authorization Act, Fiscal
Years 2004 and 2005,''.
SEC. 309. MINORITY RECRUITMENT.
(a) Reporting Requirement.--Section 324 of the Foreign
Relations Authorization Act, Fiscal
[[Page H6743]]
Year 2003 (Public Law 107-228) is amended by striking ``and
April 1, 2004'' and inserting ``April 1, 2004, and April 1,
2005''.
(b) Use of Funds.--The provisions of section 325 of such
Act shall apply to funds authorized by section 111(a)(1)(E)
of this Act.
(c) Conforming Amendment.--Section 325(c) of such Act is
amended in the second sentence by striking ``two'' and
inserting ``three''.
SEC. 310. MERITORIOUS STEP INCREASES.
Section 406(b) of the Foreign Service Act of 1980 (22
U.S.C. 3966(b)) is amended by striking ``receiving an
increase in salary under subsection (a),''.
TITLE IV--INTERNATIONAL ORGANIZATIONS
Subtitle A--Basic Authorities and Activities
SEC. 401. RAISING THE CAP ON PEACEKEEPING CONTRIBUTIONS.
Section 404(b)(2)(B) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 is amended by inserting after
clause (iv) the following:
``(v) For assessments made during calendar year 2005 and
calendar year 2006, 27.10 percent.''.
SEC. 402. REGARDING THE REENTRY OF THE UNITED STATES IN
UNESCO.
(a) Sense of Congress.--As the United States resumes
membership in the United Nations Educational, Scientific, and
Cultural Organization (UNESCO), the President should--
(1) appoint a United States Representative to the
Organization for Economic Cooperation and Development (OECD)
who shall also serve as the United States Representative to
UNESCO;
(2) take steps to ensure that more Americans are employed
by UNESCO, particularly for senior level positions;
(3) request that the Secretary General of UNESCO create a
Deputy Director General position for Management or a
comparable position with high level managerial and
administrative responsibilities to be filled by an American;
(4) insist that any increases in UNESCO's budget beyond the
level of zero nominal growth for the 2004-2005 biennium focus
primarily on the adoption of management and administrative
reforms; and
(5) request that the Secretary General of UNESCO spend the
United States contribution to UNESCO for the last quarter of
calendar year 2003 on key education and science priorities of
the organization that will directly benefit United States
national interests.
(b) Annual Assessment for United States Participation in
UNESCO.--Of the amounts authorized to be appropriated by
section 113(a), such sums as may be necessary for each of the
fiscal years 2004 and 2005 are authorized to be available for
the annual assessment for United States contributions to the
regular budget of the United Nations Educational, Scientific,
and Cultural Organization.
SEC. 403. UNESCO NATIONAL COMMISSION.
(a) In General.--Section 3 of the Act of July 30, 1946,
``Providing for membership and participation by the United
States in the United Nations Educational, Scientific, and
Cultural Organization, and authorizing an appropriation
therefor.'' (22 U.S.C. 287o) is amended to read as follows:
``Sec. 3. (a) In fulfillment of article VII of the
constitution of the Organization, the Secretary of State
shall establish a National Commission on Educational,
Scientific, and Cultural Cooperation.
``(b) The National Commission shall be composed of not more
than 35 members appointed by the Secretary of State in
consultation with the National Academy of Sciences, the
National Science Foundation, the Secretary of Education, the
Secretary of Health and Human Services, and the Secretary of
the Interior. Members of the National Commission shall be
representatives of nongovernmental organizations, academic
institutions, and associations interested in education,
scientific, and cultural matters. Periodically, the Secretary
shall review and revise the entities represented on the
National Commission in order to achieve a desirable rotation
in representation. Except as otherwise provided, each member
of the National Commission shall be appointed to a term of 3
years. As designated by the Secretary of State at the time of
appointment, of the members first appointed one-third shall
be appointed for a term of 1 year, one-third shall be
appointed for a term of 2 years, and one-third shall be
appointed for a term of 3 years. Any member appointed to fill
a vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member may
serve after the expiration of that member's term until a
successor has taken office. No member may serve more than 2
consecutive terms. The Secretary of State shall designate a
chair of the National Commission.
``(c) Members of the National Commission shall serve
without pay. For attendance at the annual meeting, each
member shall receive travel expenses in accordance with
section 5703 of title 5, United States Code.
``(d) The National Commission shall meet at the call of the
chair at least annually and such meetings may be through
video conferencing or other electronic means. The National
Commission shall designate an executive committee from among
the members of the commission and may designate such other
committees as may be necessary to carry out its duties under
this Act.
``(e) Upon request of the National Commission, the
Secretary of State may detail any of the personnel of the
Department of State to the National Commission to assist it
in carrying out its duties under this Act.''.
(b) Conforming Changes.--Section 2 of the Act of July 30,
1946, ``Providing for membership and participation by the
United States in the United Nations Educational, Scientific,
and Cultural Organization, and authorizing an appropriation
therefor.'' (22 U.S.C. 287o) is amended by striking ``One of
the representatives'' and all that follows through the end of
such section.
SEC. 404. ORGANIZATION OF AMERICAN STATES (OAS) EMERGENCY
FUND.
Section 109(b)(3) of Public Law 104-114 (22 U.S.C.
6039(b)(3)) is amended by striking ``should provide not less
than $5,000,000'' and inserting ``shall provide for each of
the fiscal years 2004 and 2005 not less than $500,000''.
SEC. 405. UNITED STATES EFFORTS REGARDING THE STATUS OF
ISRAEL IN THE WESTERN EUROPEAN AND OTHERS GROUP
AT THE UNITED NATIONS.
(a) United States Efforts.--The Secretary of State and
other appropriate officials of the United States Government
should pursue an aggressive diplomatic effort and should take
all necessary steps to ensure the extension and upgrade of
Israel's membership in the Western European and Others Group
at the United Nations.
(b) Report.--Not later than 60 days after the date of the
enactment of this Act and semiannually thereafter through
September 30, 2005, the Secretary of State shall submit to
the appropriate congressional committees a report on the
steps taken by the United States pursuant to subsection (a)
and progress in achieving the objectives of subsection (a).
Subtitle B--United States International Leadership
SEC. 431. SHORT TITLE.
This subtitle may be cited as the ``United States
International Leadership Act of 2003''.
SEC. 432. FINDINGS.
The Congress makes the following findings:
(1) International organizations and other multilateral
institutions play a key role in United States foreign policy
and serve key United States foreign policy objectives, such
as obligating all countries to freeze assets of terrorist
groups, preventing the proliferation of chemical, biological,
and nuclear weapons, and spearheading the fight to combat the
ravages of HIV/AIDS and other infectious diseases.
(2) Decisions at many international organizations,
including membership and key positions, remain subject to
determinations made by regional groups where democratic
states are often in the minority and where there is intensive
cooperation among repressive regimes. As a result, the United
States has often been blocked in its attempts to take action
in these institutions to advance its goals and objectives,
including at the United Nations Human Rights Commission
(where a representative of Libya was elected as chairman and
the United States temporarily lost a seat).
(3) In order to address these shortcomings, the United
States must actively work to improve the workings of
international organizations and multilateral institutions,
particularly by creating a caucus of democratic countries
that will advance United States interests. In the Second
Ministerial Conference of the Community of Democracies in
Seoul, Korea, on November 10-20, 2002, numerous countries
recommended working together as a democracy caucus in
international organizations such as the United Nations and
ensuring that international and regional institutions develop
and apply democratic standards for member states.
(4) In addition, the United States has shortchanged its
ability to influence these organizations by failing to obtain
enough support for positions that are congruent to or
consistent with United States objectives and has not done
enough to build expertise in the United States Government in
the area of multilateral diplomacy.
SEC. 433. ESTABLISHMENT OF A DEMOCRACY CAUCUS.
(a) In General.--The President of the United States, acting
through the Secretary of State and the relevant United States
chiefs of mission, shall seek to establish a democracy caucus
at the United Nations, the United Nations Human Rights
Commission, the United Nations Conference on Disarmament, and
at other broad-based international organizations.
(b) Purposes of the Caucus.--A democracy caucus at an
international organization should--
(1) forge common positions, including, as appropriate, at
the ministerial level, on matters of concern before the
organization and work within and across regional lines to
promote agreed positions;
(2) work to revise an increasingly outmoded system of
regional voting and decision making; and
(3) set up a rotational leadership scheme to provide member
states an opportunity, for a set period of time, to serve as
the designated president of the caucus, responsible for
serving as its voice in each organization.
SEC. 434. ANNUAL DIPLOMATIC MISSIONS ON MULTILATERAL ISSUES.
The Secretary of State, acting through the principal
officers responsible for advising the Secretary on
international organizations, shall ensure that a high-level
delegation from the United States Government, on an annual
basis, is sent to consult with key foreign governments in
every region in order to promote the United States agenda at
key international fora, such as the United Nations General
Assembly, United Nations Human Rights Commission, the United
Nations Education, Science, and Cultural Organization, and
the International Whaling Commission.
SEC. 435. LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL
ORGANIZATIONS.
(a) United States Policy.--The President, acting through
the Secretary of State and the relevant United States chiefs
of mission, shall use the voice, vote, and influence of
the United States to--
[[Page H6744]]
(1) where appropriate, reform the criteria for leadership
and, in appropriate cases for membership, at all United
Nations bodies and at other international organizations and
multilateral institutions to which the United States is a
member so as to exclude nations that violate the principles
of the specific organization;
(2) make it a policy of the United Nations and other
international organizations and multilateral institutions, of
which the United States is a member, that a member state may
not stand in nomination or be in rotation for a leadership
position in such bodies if the member state is subject to
sanctions imposed by the United Nations Security Council; and
(3) work to ensure that no member state stand in nomination
or be in rotation for a leadership position in such
organizations, or for membership of the United Nations
Security Council, if the member state is subject to a
determination under section 620A of the Foreign Assistance
Act of 1961, section 40 of the Arms Export Control Act, or
section 6(j) of the Export Administration Act.
(b) Report to Congress.--Not later than 15 days after a
country subject to to a determination under section 620A of
the Foreign Assistance Act of 1961, section 40 of the Arms
Export Control Act, or section 6(j) of the Export
Administration Act is selected for a leadership post in an
international organization of which the United States is a
member or a membership of the United Nations Security
Council, the Secretary of State shall submit a report to the
appropriate congressional committees on any steps taken
pursuant to subsection (a)(3).
SEC. 436. INCREASED TRAINING IN MULTILATERAL DIPLOMACY.
(a) Training Programs.--Section 708 of the Foreign Service
Act of 1980 (22 U.S.C. 4028) is amended by adding after
subsection (b) the following new subsection:
``(c) Training in Multilateral Diplomacy.--
``(1) In general.--The Secretary shall establish a series
of training courses for officers of the Service, including
appropriate chiefs of mission, on the conduct of diplomacy at
international organizations and other multilateral
institutions and at broad-based multilateral negotiations of
international instruments.
``(2) Particular programs.--The Secretary shall ensure that
the training described in paragraph (1) is provided at
various stages of the career of members of the Service. In
particular, the Secretary shall ensure that after January 1,
2004--
``(A) officers of the Service receive training on the
conduct of diplomacy at international organizations and other
multilateral institutions and at broad-based multilateral
negotiations of international instruments as part of their
training upon entry of the Service; and
``(B) officers of the Service, including chiefs of mission,
who are assigned to United States missions representing the
United States to international organizations and other
multilateral institutions or who are assigned in Washington,
D.C. to positions that have as their primary responsibility
formulation of policy towards such organizations and
institutions or towards participation in broad-based
multilateral negotiations of international instruments
receive specialized training in the areas described in
paragraph (1) prior to beginning of service for such
assignment or, if receiving such training at that time is not
practical, within the first year of beginning such
assignment.''.
(b) Training for Civil Service Employees.--The Secretary
shall ensure that employees of the Department of State that
are members of the civil service and that are assigned to
positions described in section 708(c) of the Foreign Service
Act of 1980 (as amended by this subtitle) have training
described in such section.
(c) Conforming Amendments.--Section 708 of such Act is
further amended--
(1) in subsection (a) by striking ``(a) The'' and inserting
``(a) Training on Human Rights.--The''; and
(2) in subsection (b) by striking ``(b) The'' and inserting
``(b) Training on Refugee Law and Religious Persecution.--
The''.
SEC. 437. PROMOTING ASSIGNMENTS TO INTERNATIONAL
ORGANIZATIONS.
(a) Promotions.--
(1) In general.--Section 603(b) of the Foreign Service Act
of 1980 (22 U.S.C. 4003) is amended by striking the period at
the end and inserting: ``, and shall consider whether the
member of the Service has served in a position whose primary
responsibility is to formulate policy towards or represent
the United States at an international organization, a
multilateral institution, or a broad-based multilateral
negotiation of an international instrument.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect January 1, 2010.
(b) Establishment of a Multilateral Diplomacy Cone in the
Foreign Service.--
(1) Findings.--
(A) The Department of State maintains a number of United
States missions both within the United States and abroad that
are dedicated to representing the United States to
international organizations and multilateral institutions,
including missions in New York, Brussels, Geneva, Rome,
Montreal, Nairobi, Vienna, and Paris, which will soon be
responsible for United States representation to UNESCO and
OECD.
(B) In offices at the Harry S. Truman Building, the
Department maintains a significant number of positions in
bureaus that are either dedicated, or whose primary
responsibility is, to represent the United States to such
organizations and institutions or at multilateral
negotiations.
(C) Given the large number of positions in the United
States and abroad that are dedicated to multilateral
diplomacy, the Department of State may be well served in
developing persons with specialized skills necessary to
become experts in this unique form of diplomacy.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report--
(A) evaluating whether a new cone should be established for
the Foreign Service that concentrates on members of the
Service that serve at international organizations and
multilateral institutions or are primarily responsible for
participation in broad-based multilateral negotiations of
international instruments; and
(B) provides alternative mechanisms for achieving the
objective of developing a core group of United States
diplomats and other government employees who have expertise
and broad experience in conducting multilateral diplomacy.
SEC. 438. IMPLEMENTATION AND ESTABLISHMENT OF OFFICE ON
MULTILATERAL NEGOTIATIONS.
(a) Establishment of Office.--The Secretary of State is
authorized to establish, within the Bureau of International
Organizational Affairs, an Office on Multilateral
Negotiations to be headed by a Special Representative for
Multilateral Negotiations (in this section referred to as the
``special representative'').
(b) Appointment.--The special representative shall be
appointed by the President with the advice and consent of the
Senate and shall have the rank of Ambassador-at-Large. At the
discretion of the President another official at the
Department may serve as the special representative. The
President may direct that the special representative report
to the Assistant Secretary for International Organizations.
(c) Staffing.--The special representative shall have a
staff of foreign service and civil service officers skilled
in multilateral diplomacy.
(d) Duties.--The special representative shall have the
following responsibilities:
(1) In general.--The primary responsibility of the special
representative shall be to assist in the organization of, and
preparation for, United States participation in multilateral
negotiations, including the advocacy efforts undertaken by
the Department of State and other United States agencies.
(2) Advisory role.--The special representative shall advise
the President and the Secretary of State, as appropriate,
regarding advocacy at international organizations and
multilateral institutions and negotiations and, in
coordination with the Assistant Secretary of State for
International Organizational Affairs, shall make
recommendations regarding--
(A) effective strategies (and tactics) to achieve United
States policy objectives at multilateral negotiations;
(B) the need for and timing of high level intervention by
the President, the Secretary of State, the Deputy Secretary
of State, and other United States officials to secure support
from key foreign government officials for the United States
position at such organizations, institutions, and
negotiations;
(C) the composition of United States delegations to
multilateral negotiations; and
(D) liaison with Congress, international organizations,
nongovernmental organizations, and the private sector on
matters affecting multilateral negotiations.
(3) Democracy caucus.--The special representative, in
coordination with the Assistant Secretary for International
Organizational Affairs, shall ensure the establishment of a
democracy caucus.
(4) Annual diplomatic missions of multilateral issues.--The
special representative, in coordination with the Assistant
Secretary for International Organizational Affairs, shall
organize annual consultations between the principal officers
responsible for advising the Secretary of State on
international organizations and foreign governments to
promote the United States agenda at the United Nations
General Assembly and other key international fora (such as
the United Nations Human Rights Commission).
(5) Leadership and membership of international
organizations.--The special representative, in coordination
with the Assistant Secretary of International Organizational
Affairs, shall direct the efforts of the United States
Government to reform the criteria for leadership and
membership of international organizations as described in
section 435.
(6) Participation in multilateral negotiations.--The
special representative, or members of the special
representative's staff, may, as required by the President or
the Secretary of State, serve on a United States delegation
to any multilateral negotiation.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit a
plan to establish a democracy caucus to the appropriate
congressional committees. The report required by section
437(c) may be submitted together with the report under this
subsection.
SEC. 439. SYNCHRONIZATION OF UNITED STATES CONTRIBUTIONS TO
INTERNATIONAL ORGANIZATIONS.
Not later than 180 days after the date of the enactment of
this Act, the President shall submit a plan to the
appropriate congressional committees on the implementation of
section 404 of the Foreign Relations Authorization Act of
2003 (Public Law 107-228), (relating to a resumption by the
United State of the payment of its full contribution to
certain international organizations at the beginning of each
calendar year).
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
Subtitle A--Basic Authorities and Activities
SEC. 501. MIDEAST RADIO AND TELEVISION NETWORK, INC.
(a) The United States International Broadcasting Act of
1994 (22 U.S.C. 6201 et seq.) is
[[Page H6745]]
amended by adding after section 309 the following new
section:
``SEC. 310. MIDEAST RADIO AND TELEVISION NETWORK, INC.
``(a) Authority.--Grants authorized under section 305 shall
be available to make annual grants to Mideast Radio and
Television Network, Inc. (hereinafter in this title also
referred to as `Mideast Network') for the purpose of carrying
out radio and television broadcasting to the Middle East
region.
``(b) Function.--Mideast Network shall provide radio and
television programming to the Middle East region consistent
with the broadcasting standards and broadcasting principles
set forth in section 303 of this Act.
``(c) Grant Agreement.--Any grant agreement or grants under
this section shall be subject to the following limitations
and restrictions:
``(1) The Board may not make any grant to the nonprofit
corporation, Mideast Network unless its certificate of
incorporation provides that--
``(A) the Board of Directors of Mideast Radio and
Television Network, Inc. (hereinafter referred to as `the
Board') shall consist of the members of the Broadcasting
Board of Governors established under section 304 and of no
other members; and
``(B) the Board shall make all major policy determinations
governing the operation of Mideast Network and shall appoint
and fix the compensation of such managerial officers and
employees of Mideast Network as it considers necessary to
carry out the purposes of the grant provided under this
title, except that no officer or employee may be paid a
salary or other compensation in excess of the rate of pay
payable for Level IV of the Executive Schedule under section
5315 of title 5, United States Code.
``(2) Any grant agreement under this section shall require
that any contract entered into by Mideast Network shall
specify that obligations are assumed by Mideast Network and
not the United States Government.
``(3) Any grant agreement shall require that any lease
agreement entered into by Mideast Network shall be, to the
maximum extent possible, assignable to the United States
Government.
``(4) Grants awarded under this section shall be made
pursuant to a grant agreement which requires that grant funds
be used only for activities consistent with this section, and
that failure to comply with such requirements shall permit
the grant to be terminated without fiscal obligation to the
United States.
``(5) Duplication of language services and technical
operations between the Mideast Radio and Television Network,
Inc., (including Radio Sawa), RFE/RL, and the International
Broadcasting Bureau will be reduced to the extent
appropriate, as determined by the Board.
``(d) Not a Federal Agency or Instrumentality.--Nothing in
this title may be construed to establish Mideast Network as a
Federal agency or instrumentality, nor shall the officers or
employees of Mideast Network be considered to be officers or
employees of the United States Government.
``(e) Audit Authority.--
``(1) Such financial transactions of Mideast Network, as
relate to functions carried out under this section may be
audited by the General Accounting Office in accordance with
such principles and procedures and under such rules and
regulations as may be prescribed by the Comptroller General
of the United States. Any such audit shall be conducted at
the place or places where accounts of Mideast Network are
normally kept.
``(2) Representatives of the General Accounting Office
shall have access to all books, accounts, records, reports,
files, papers, and property belonging to or in use by Mideast
Network pertaining to such financial transactions as
necessary to facilitate an audit. Such representatives shall
be afforded full facilities for verifying transactions with
any assets held by depositories, fiscal agents, and
custodians. All such books, accounts, records, reports,
files, papers, and property of Mideast Network shall remain
in the custody of Mideast Network.
``(3) Notwithstanding any other provisions of law, the
Inspector General of the Department of State is authorized to
exercise the authorities of the Inspector General Act with
respect to the Mideast Network.''.
(b) Conforming Amendments.--
(1) Section 305 of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6204) is amended--
(A) in subsection (a)(5) by striking ``308 and 309'' and
inserting ``308, 309, and 310'';
(B) in subsection (a)(6) by striking ``308 and 309'' and
inserting ``308, 309, and 310''; and
(C) in subsection (c) by striking ``308 and 309'' and
inserting ``308, 309, and 310''.
(2) Section 307 of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6206) is amended--
(A) in subsection (a) by striking ``308 and 309'' and
inserting ``308, 309, and 310''; and
(B) in subsection (c) by adding ``Mideast Radio and
Television Network, Inc.,'' after ``Asia''.
(3) Section 304(g) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6203(g)) is amended by
striking ``and Radio Free Asia'' and inserting ``, Radio Free
Asia, and Mideast Radio and Television Network, Inc.''.
(4) Section 8332(b)(11) of title 5, United States Code, is
amended by adding ``Mideast Radio and Television Network,
Inc.;'' after ``the Asia Foundation;''.
SEC. 502. IMPROVING SIGNAL DELIVERY TO CUBA.
Section 3 of the Radio Broadcasting to Cuba Act (22 U.S.C.
1465a) is amended--
(1) in subsection (c) by striking the second sentence and
inserting ``The Board is authorized to simultaneously utilize
other broadcasting transmission facilities, and other
frequencies, including the Amplitude Modulation (AM) Band
(535 kHz to 1705 kHz), the Frequency Modulation (FM) Band,
and the Shortwave (SW) Band.'';
(2) in subsection (c) in the third sentence by striking
``Provided, That'' and all that follows before the period at
the end;
(3) in subsection (d) by striking the last sentence;
(4) by amending subsection (e) to read as follows:
``(e) Any program of United States Government radio
broadcasts to Cuba authorized by this section shall be
designated `Radio Marti program'.''; and
(5) in subsection (f) by striking ``Voice of America''.
SEC. 503. REPORT CONCERNING EFFORTS TO COUNTER JAMMING OF
BROADCASTS OF RADIO MARTI AND TV MARTI.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees a report providing the
following information:
(1) Specific steps taken to increase the capabilities of
Radio Marti and TV Marti to ensure that broadcasts overcome
jamming by the Government of Cuba.
(2) An evaluation and analysis of not less than 10
alternate methods to counter jamming of radio and television
broadcasts including the following:
(A) Methods used to broadcast into Iraq involving a C-130.
(B) Methods previously used to transmit into the former
Soviet Union and other Soviet bloc countries.
(C) Successful methods employed by non-United States
Government entities, such as those used by the Falun Gong to
overcome Chinese Government jamming and those recently used
by a Cuban exile group to transmit television broadcasts into
Cuba.
SEC. 504. PILOT PROGRAM FOR THE PROMOTION OF TRAVEL AND
TOURISM IN THE UNITED STATES THROUGH UNITED
STATES INTERNATIONAL BROADCASTING.
(a) Pilot Program.--The Broadcasting Board of Governors, in
consultation with the Department of Commerce and other
appropriate Federal, State, and local agencies, shall conduct
a pilot program for the promotion of travel and tourism in
the United States through United States international
broadcasting, particularly to regional economies that have
been affected by the decrease in tourism following the events
of September 11, 2001.
(b) Programming.--The pilot program shall devote regular
programming to broadcasting information on localities of the
United States with the purpose of promoting travel and
tourism to regional economies heavily reliant on such
tourism.
(c) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Broadcasting Board of
Governors shall submit to the appropriate congressional
committees a report detailing the actions taken by the Board
in carrying out this section.
SEC. 505. RADIO FREE ASIA BROADCASTS INTO NORTH KOREA.
(a) Findings.--The Congress makes the following findings:
(1) North Korea's development of nuclear weapons and
missile delivery systems poses one of the gravest security
threats to the United States in the world.
(2) The Kim Jong Il regime in North Korea has one of the
worst human rights records in the world. On April 16, 2003,
the United Nations Commission on Human Rights passed a
resolution, ``expressing its deep concern about reports of
systemic, widespread and grave violations of human rights''
in North Korea.
(3) In order to ensure its survival, the Kim Jong Il regime
makes extensive efforts to control the flow of information in
North Korea.
(4) In 2002, a survey found that five of twelve ``elite''
defectors from North Korea had listened to Radio Free Asia.
(5) Radio Free Asia broadcasts only 4 hours each day into
North Korea.
(6) Many North Korean citizens lack radios capable of
receiving Radio Free Asia broadcasts.
(b) Sense of Congress.--It is the sense of the Congress
that the Broadcasting Board of Governors should ensure that
Radio Free Asia increases its broadcasting with respect to
North Korea to 24 hours each day.
(c) Report to Congress.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State,
after consulting with other agencies of the United States
Government, shall submit a report, in classified form, on
specific measures currently being undertaken and measures
necessary, including the provision of adequate radios, to
maximize North Korean citizen access to Radio Free Asia and
other foreign broadcasts to the Committee on International
Relations and the Permanent Select Committee on Intelligence
of the House of Representatives and the Committee on Foreign
Relations and the Select Committee on Intelligence of the
Senate.
SEC. 506. PROHIBITION ON ELIMINATION OF INTERNATIONAL
BROADCASTING IN EASTERN EUROPE.
During the 2 year period beginning on the date of the
enactment of this Act, the Broadcasting Board of Governors
may not eliminate foreign language broadcasting in any of the
following languages: Bulgarian, Czech, Estonian, Hungarian,
Latvian, Lithuanian, Georgian, Polish, Slovene, Slovak,
Romanian, Croatian, Armenian, and Ukrainian.
Subtitle B--Global Internet Freedom
SEC. 521. SHORT TITLE.
This subtitle may be cited as the ``Global Internet
Freedom Act of 2003''.
SEC. 522. FINDINGS.
The Congress makes the following findings:
[[Page H6746]]
(1) Freedom of speech, freedom of the press, and freedom of
association are fundamental characteristics of a free
society. The first amendment to the Constitution of the
United States guarantees that ``Congress shall make no law .
. . abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble.'' These
constitutional provisions guarantee the rights of
Americans to communicate and associate with one another
without restriction, including unfettered communication
and association via the Internet. Article 19 of the United
Nation's Universal Declaration of Human Rights explicitly
guarantees the freedom to ``receive and impart information
and ideas through any media and regardless of frontiers''.
(2) All people have the right to communicate freely with
others, and to have unrestricted access to news and
information, on the Internet.
(3) With nearly 10 percent of the world's population now
online, and more gaining access each day, the Internet stands
to become the most powerful engine for democratization and
the free exchange of ideas ever invented.
(4) The governments of Burma, Cuba, Laos, North Korea, the
People's Republic of China, Saudi Arabia, Syria, and Vietnam,
among others, are taking active measures to keep their
citizens from freely accessing the Internet and obtaining
international political, religious, and economic news and
information.
(5) The Voice of America and Radio Free Asia, as well as
hundreds of news sources with an Internet presence, are
routinely being jammed by repressive governments.
(6) Since the 1940s, the United States has deployed anti-
jamming technologies to make Voice of America and other
United States Government sponsored broadcasting available to
people in nations with governments that seek to block news
and information.
(7) The United States Government has thus far commenced
only modest steps to fund and deploy technologies to defeat
Internet censorship.
(8) The success of United States policy in support of
freedom of speech, press, and association requires continued
efforts to defeat totalitarian and authoritarian controls on
news and information over the Internet.
SEC. 523. PURPOSES.
The purposes of this subtitle are--
(1) to adopt an effective and robust global Internet
freedom policy;
(2) to establish an office within the Broadcasting Board of
Governors with the sole mission of countering Internet
jamming and blocking by utilizing available anti-jamming
technology;
(3) to expedite the development and deployment of
technology to protect Internet freedom around the world; and
(4) to bring to bear the pressure of the free world on
repressive governments guilty of Internet censorship and the
intimidation and persecution of their citizens who use the
Internet.
SEC. 524. DEVELOPMENT AND DEPLOYMENT OF TECHNOLOGIES TO
DEFEAT INTERNET JAMMING AND CENSORSHIP.
(a) Establishment of Office of Global Internet Freedom.--
The Broadcasting Board of Governors shall establish an Office
of Global Internet Freedom (hereinafter in this subtitle
referred to as the ``Office''). The Office shall develop and
implement a comprehensive global strategy to combat state-
sponsored and state-directed Internet jamming and persecution
of those who use the Internet.
(b) Cooperation of Other Federal Departments and
Agencies.--Each department and agency of the United States
Government shall cooperate fully with, and assist in the
implementation of, the strategy developed by the Office and
shall make such resources and information available to the
Office as is necessary to the achievement of the purposes of
this subtitle.
(c) Cooperation with Department of State.--The Office shall
assist the Secretary of State in preparing portions of the
country reports on human rights practices that address
Internet accessibility.
(d) Report to Congress.--Nine months after the date of the
enactment of this Act, the Broadcasting Board of Governors
shall submit to the Congress a report on the status of
foreign government interference with Internet use and of
efforts by the United States to counter such interference.
The report shall list the countries that pursue policies of
Internet censorship, blocking, and other abuses; provide
information concerning the government agencies or quasi-
governmental organizations that implement Internet
censorship; and describe with the greatest particularity
practicable the technological means by which such blocking
and other abuses are accomplished. In the discretion of the
Broadcasting Board of Governors, such report may be submitted
in both a classified and nonclassified version. One year
after the date of submission of such report, the Office shall
submit a second report.
(e) Limitation on Authority.--Nothing in this subtitle
shall be interpreted to authorize any action by the United
States to interfere with foreign national censorship in
furtherance of legitimate law enforcement aims consistent
with the Universal Declaration of Human Rights.
Subtitle C--Reorganization of United States International Broadcasting
SEC. 531. ESTABLISHMENT OF UNITED STATES INTERNATIONAL
BROADCASTING AGENCY.
(a) In General.--Section 304 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6203) is
amended to read as follows:
``SEC. 304. ESTABLISHMENT OF UNITED STATES INTERNATIONAL
BROADCASTING AGENCY.
``(a) Establishment.--There is established as an
independent agency in the executive branch the United States
International Broadcasting Agency (hereinafter in this Act
referred to as the `Agency').
``(b) Board of Governors of the Agency.--
``(1) Head of agency.--The Agency shall be headed by the
Board of Governors of the United States International
Broadcasting Agency (hereinafter in this Act referred to as
the `Board of Governors').
``(2) Authorities and functions.--The Board of Goverors
shall--
``(A) carry out the authorities and functions of the Agency
under section 305; and
``(B) be responsible for the exercise of all authorities
and powers and the discharge of all duties and functions of
the Agency.
``(3) Composition of the board of governors.--
``(A) The Board of Governors shall consist of 9 members, as
follows:
``(i) Eight voting members who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(ii) The Secretary of State who shall also be a voting
member.
``(B) The President shall appoint one member (other than
the Secretary of State) as Chair of the Board of Governors,
subject to the advice and consent of the Senate.
``(C) Exclusive of the Secretary of State, not more than 4
of the members of the Board of Governors appointed by the
President shall be of the same political party.
``(4) Term of office.--The term of office of each member of
the Board of Governors shall be three years, except that the
Secretary of State shall remain a member of the Board of
Governors during the Secretary's term of service. The
President shall appoint, by and with the advice and consent
of the Senate, board members to fill vacancies occurring
prior to the expiration of a term, in which case the members
so appointed shall serve for the remainder of such term. Any
member whose term has expired may serve until a successor has
been appointed and qualified. When there is no Secretary of
State, the Acting Secretary of State shall serve as a member
of the board until a Secretary is appointed.
``(5) Selection of board of governors.--Members of the
Board of Governors appointed by the President shall be
citizens of the United States who are not regular full-time
employees of the United States Government. Such members shall
be selected by the President from among Americans
distinguished in the fields of mass communications, print,
broadcast media, or foreign affairs.
``(6) Compensation.--Members of the Board of Governors,
while attending meetings of the board or while engaged in
duties relating to such meetings or in other activities of
the board pursuant to this section (including travel time)
shall be entitled to receive compensation equal to the daily
equivalent of the compensation prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code. While away from their homes or regular places of
business, members of the board may be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by law for persons in the Government service
employed intermittently. The Secretary of State shall not be
entitled to any compensation under this title, but may be
allowed travel expenses as provided under this subsection.
``(7) Decisions.--Decisions of the Board of Governors shall
be made by majority vote, a quorum being present. A quorum
shall consist of 5 members.
``(8) Immunity from civil liability.--Notwithstanding any
other provision of law, any and all limitations on liability
that apply to the members of the Board of Governors also
shall apply to such members when acting in their capacities
as members of the boards of directors of RFE/RL, Incorporated
and Radio Free Asia.
``(c) Director.--
``(1) Appointment.--The Board of Governors shall appoint a
Director of the Agency. The Director shall receive basic pay
at the rate payable for level III of the Executive Schedule
under section 5314 of title 5, United States Code. The
Director may be removed through a majority vote of the Board.
``(2) Functions and duties.--The Director shall have the
following functions and duties:
``(A) To exercise the authorities delegated by the Board of
Governors pursuant to section 305(b).
``(B) To carry out all broadcasting activities conducted
pursuant to this title, the Radio Broadcasting to Cuba Act,
and the Television Broadcasting to Cuba Act.
``(C) To examine and make recommendations to the Board of
Governors on long-term strategies for the future of
international broadcasting, including the use of new
technologies.
``(D) To review engineering activities to ensure that all
broadcasting elements receive the highest quality and cost-
effective delivery services.
``(E) To procure supplies, services, and other personal
property to carry out the functions of the Agency.
``(F) To obligate and expend, for official reception and
representation expenses, such amounts as may be made
available through appropriations.
``(G) To provide for the use of United States Government
transmitter capacity for relay of broadcasting by grantees.
``(H) To procure temporary and intermittent personal
services to the same extent as is authorized by section 3109
of title 5, United States Code, at rates not to exceed the
daily equivalent of the rate provided for positions
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.
[[Page H6747]]
``(J) To the extent funds are available, to lease space and
acquire personal property for the Agency.
``(d) Inspector General Authorities.--
``(1) In general.--The Inspector General of the Department
of State shall exercise the same authorities with respect to
the Agency as the Inspector General exercises under the
Inspector General Act of 1978 and section 209 of the Foreign
Service Act of 1980 with respect to the Department of State.
``(2) Respect for journalistic integrity of broadcasters.--
The Inspector General of the Department of State and the
Foreign Service shall respect the journalistic integrity of
all the broadcasters covered by this title and may not
evaluate the philosophical or political perspectives
reflected in the content of broadcasts.''.
(b) Retention of Existing Board Members.--The members of
the Broadcasting Board of Governors appointed by the
President pursuant to section 304 of the United States
International Broadcasting Act of 1994 on the day before the
effective date of this title and holding office as of that
date may serve the remainder of their terms of office as
members of the Board of Governors established under section
304(b) of the United States International Broadcasting Act of
1994, as amended by subsection (a) of this section, without
reappointment, or if their term has expired may serve until a
successor is appointed and qualified.
SEC. 532. AUTHORITIES AND FUNCTIONS OF THE AGENCY.
Section 305 of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6204) is amended to read as follows:
``SEC. 305. AUTHORITIES AND FUNCTIONS OF THE AGENCY.
``(a) The Agency shall have the following authorities and
functions:
``(1) To supervise all broadcasting activities conducted
pursuant to this title, the Radio Broadcasting to Cuba Act,
and the Television Broadcasting to Cuba Act.
``(2) To review and evaluate the mission and operation of,
and to assess the quality, effectiveness, and professional
integrity of, all such activities within the context of the
broad foreign policy objectives of the United States and the
guiding principles and doctrines of the United States,
particularly freedom and democracy.
``(3) To develop strategic goals after reviewing human
rights reporting and other reliable assessments to assist in
determining programming and resource allocation.
``(4) To ensure that United States international
broadcasting is conducted in accordance with the standards
and principles contained in section 303.
``(5) To review, evaluate, and determine, at least
annually, after consultation with the Secretary of State, the
addition or deletion of language services.
``(6) To make and supervise grants for broadcasting and
related activities in accordance with sections 308 and 309.
``(7) To allocate funds appropriated for international
broadcasting activities among the various elements of the
Agency and grantees, subject to the limitations in sections
308 and 309 and subject to reprogramming notification
requirements in law for the reallocation of funds.
``(8) To undertake such studies as may be necessary to
identify areas in which broadcasting activities under its
authority could be made more efficient and economical.
``(9) To submit to the President and the Congress an annual
report which summarizes and evaluates activities under this
title, the Radio Broadcasting to Cuba Act, and the Television
Broadcasting to Cuba Act, placing special emphasis on the
assessment described in paragraph (2).
``(10) To make available in the annual report required by
paragraph (9) information on funds expended on administrative
and managerial services by the Agency and by grantees and the
steps the Agency has taken to reduce unnecessary overhead
costs for each of the broadcasting services.
``(11) To utilize the provisions of titles III, IV, V, VII,
VIII, IX, and X of the United States Information and
Educational Exchange Act of 1948, and section 6 of
Reorganization Plan Number 2 of 1977, as in effect on the day
before the effective date of title XIII of the Foreign
Affairs Agencies Consolidation Act of 1998, to the extent the
Director considers necessary in carrying out the
provisions and purposes of this title.
``(12) To utilize the authorities of any other statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding that
had been available to the Director of the United States
Information Agency, the Bureau, or the Board before the
effective date of title XIII of the Foreign Affairs
Consolidation Act of 1998 for carrying out the broadcasting
activities covered by this title.
``(b) Delegation of Authority.--The Board of Governors may
delegate to the Director of the Agency, or any other officer
or employee of the United States, the authorities provided in
this section, except those authorities provided in paragraph
(1), (2), (4), (5), (6), (7), or (9) of subsection (a).
``(c) Broadcasting Budgets.--The Director and the grantees
identified in sections 308 and 309 shall submit proposed
budgets to the Board. The Board shall forward its
recommendations concerning the proposed budget for the Board
and broadcasting activities under this title, the Radio
Broadcasting to Cuba Act, and the Television Broadcasting to
Cuba Act to the Office of Management and Budget.''.
SEC. 533. ROLE OF THE SECRETARY OF STATE.
Section 306 of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6205) is amended to read as follows:
``SEC. 306. ROLE OF THE SECRETARY OF STATE.
``To assist the Agency in carrying out its functions, the
Secretary of State shall provide such information and
guidance on foreign policy and public diplomacy issues to the
Agency as the Secretary considers appropriate.''.
SEC. 534. ADMINISTRATIVE PROVISIONS.
The United States International Broadcasting Act of 1994 is
amended by striking section 307 and inserting the following
new section:
``SEC. 307. ADMINISTRATIVE PROVISIONS.
``(a) Officers and Employees.--The Board of Governors may
appoint and fix the compensation of such officers and
employees as may be necessary to carry out the functions of
the Agency. Except as otherwise provided by law, such
officers and employees shall be appointed in accordance with
the civil service laws and their compensation shall be fixed
in accordance with title 5, United States Code.
``(b) Experts and Consultants.--The Board of Governors, as
may be provided in appropriation Acts, may obtain the
services of experts and consultants in accordance with
section 3109 of title 5, United States Code, and may
compensate such experts and consultants at rates not to
exceed the daily rate prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code.
``(c) Acceptance of Voluntary Services.--
``(1) In general.--Notwithstanding section 1342 of title
31, United States Code, the Board of Governors may accept,
subject to regulations issued by the Office of Personnel
Management, voluntary services if such services--
``(A) are to be uncompensated; and
``(B) are not used to displace any employee.
``(2) Treatment.--Any individual who provides voluntary
services under this section shall not be considered a Federal
employee for any purpose other than for purposes of chapter
81 of title 5, United States Code (relating to compensation
for injury) and sections 2671 through 2680 of title 28,
United States Code (relating to tort claims).
``(d) Delegation.--Except as otherwise provided in this
Act, the Board of Governors may delegate any function to the
Director and such other officers and employees of the Agency
as the Board of Governors may designate, and may authorize
such successive redelegations of such functions within the
Agency as may be necessary or appropriate.
``(e) Contracts.--
``(1) In general.--Subject to the Federal Property and
Administrative Services Act of 1949 and other applicable
Federal law, the Board of Governors may make, enter into, and
perform such contracts, grants, leases, cooperative
agreements, and other similar transactions with Federal or
other public agencies (including State and local governments)
and private organizations and persons, and to make such
payments, by way of advance or reimbursement, as the Board of
Governors may determine necessary or appropriate to carry out
functions of the Board of Governors or the Agency.
``(2) Appropriation authority required.--No authority to
enter into contracts or to make payments under this title
shall be effective except to such extent or in such amounts
as are provided in advance under appropriation Acts.
``(f) Regulations.--The Director may prescribe such rules
and regulations as the Board of Governors considers necessary
or appropriate to administer and manage the functions of the
Agency, in accordance with chapter 5 of title 5, United
States Code.
``(g) Seal.--The Director shall cause a seal of office to
be made for the Agency of such design as the Board of
Governors shall approve. Judicial notice shall be taken of
such seal.''.
SEC. 535. BROADCASTING BOARD OF GOVERNORS AND INTERNATIONAL
BROADCASTING BUREAU.
The Broadcasting Board of Governors and the International
Broadcasting Bureau are abolished.
SEC. 536. TRANSITION.
(a) Transfer of Functions.--Except as otherwise provided in
this subtitle or an amendment made by this subtitle, all
functions that on the day before the effective date specified
in section 540 are authorized to be performed by the
Broadcasting Board of Governors and the International
Broadcasting Bureau and any officer, employee, or component
of such entities, under any statute, reorganization plan,
Executive order, or other provision of law, are transferred
to the Agency established under this title effective on that
date.
(b) Determination of Certain Functions.--If necessary, the
Office of Management and Budget shall make any determination
of the functions that are transferred under this title.
(c) Transition Provisions.--
(1) Exercise of authorities.--Except as otherwise provided
by law, the Board of Governors may, for purposes of
performing a function that is transferred to the Agency by
this title, exercise all authorities under any other
provision of law that were available with respect to the
performance of that function to the official responsible for
the performance of that function on the day before the
effective date specified in section 540.
(2) Authorities to wind up affairs.--
(A) The Director of the Office of Management and Budget may
take such actions as the Director of the Office of Management
and Budget considers necessary to wind up any outstanding
affairs of the Broadcasting Board of Governors and the
International Broadcasting Bureau associated with the
functions that are transferred pursuant to subsection (a).
(B) The Director of the Office of Management and Budget may
take such actions as the Director of the Office of Management
and Budget considers necessary to wind up any outstanding
affairs of the Broadcasting Board of Governors and the
International Broadcasting Bureau associated with the
functions that are transferred pursuant to subsection (a).
[[Page H6748]]
(3) Transfer of assets.--Any property, records, unexpended
balances of appropriations, allocations, and other funds
employed, used, held, available, or to be made available in
connection with a function transferred to the Agency by this
Act are transferred on the effective date specified in
section 540.
SEC. 537. CONFORMING AMENDMENTS.
(a) United States International Broadcasting Act of 1994.--
The United States International Broadcasting Act of 1994 is
amended as follows:
(1) Section 308 (22 U.S.C. 6207) is amended--
(A) in subsection (a)--
(i) by striking ``The Board'' and inserting ``The Agency'';
and
(ii) in paragraph (1) by striking ``Broadcasting Board of
Governors'' and inserting ``Board Governors of the
International Broadcasting Agency'';
(B) in subsection (b)--
(i) by striking paragraph (2);
(ii) by striking ``(1)''; and
(iii) by striking ``Board'' both places it appears and
inserting ``Agency'';
(C) in subsections (c), (d), (g), (h), and (i) by striking
``Board'' each place it appears and inserting ``Agency'';
(D) in subsection (g)(4) by striking ``International
Broadcasting Bureau'' and inserting ``Agency''; and
(E) in subsections (i) and (j) by striking ``and the
Foreign Service'' each place it appears.
(2) Section 309 (22 U.S.C. 6208) is amended--
(A) in subsection (c)(1) by striking ``Board'' both places
it appears and inserting ``Agency'';
(B) by striking subsection (e);
(C) in subsections (f) and (g) by striking ``Board'' each
place it appears and inserting ``Agency''; and
(D) in subsection (g) by striking ``Chairman of the Board''
and inserting ``Agency''.
(3) By striking section 311 (22 U.S.C. 6210).
(4) In section 313 (22 U.S.C. 6212) by striking ``Board''
and inserting ``Agency''.
(5) In section 314 (22 U.S.C. 6213) by striking paragraph
(2).
(6) By striking section 315.
(b) Cuban Liberty and Democratic Solidarity (LIBERTAD) Act
of 1996.--Section 107 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6037) is amended
in subsections (a) and (b) by striking ``International
Broadcasting Bureau'' each place it appears and inserting
``United States International Broadcasting Agency''.
(c) Radio Broadcasting to Cuba Act.--The Radio Broadcasting
to Cuba Act (22 U.S.C. 1465 et seq.) is amended as follows:
(1) In section 3 (22 U.S.C. 1465a) as follows:
(A) In the section heading by striking ``BROADCASTING BOARD
OF GOVERNORS'' and inserting ``UNITED STATES INTERNATIONAL
BROADCASTING AGENCY''.
(B) In subsection (a) by striking ``the `Board')'' and
inserting ``the `Agency')''.
(C) In subsections (a), (d), and (f) by striking
``Broadcasting Board of Governors'' and inserting ``United
States International Broadcasting Agency''.
(2) In section 4 (22 U.S.C. 1465b) as follows:
(A) In the first sentence by striking ``The'' and all that
follows through ``Bureau'' and inserting: ``The Board of
Governors of the United States International Broadcasting
Agency shall establish within the Agency''.
(B) In the third sentence by striking ``Broadcasting Board
of Governors'' and inserting ``Board of Governors of the
United States International Broadcasting Agency''.
(C) In the fourth sentence by striking ``Board of the
International Broadcasting Bureau'' and inserting ``Board of
Governors of the United States International Broadcasting
Agency''.
(3) In section 5 (22 U.S.C. 1465c) as follows:
(A) In subsection (b) by striking ``Broadcasting Board of
Governors'' and inserting ``Board of Governors of the United
States International Broadcasting Agency''.
(B) By striking ``Board'' each place it appears and
inserting ``Advisory Board''.
(4) In section 6 (22 U.S.C. 1465d) as follows:
(A) In subsection (a) by striking ``Broadcasting Board of
Governors'' and inserting ``United States International
Broadcasting Agency'' and by striking ``Board'' and
inserting ``Board of Directors of the United States
International Broadcasting Agency''.
(B) In subsection (b) by striking ``Board'' and inserting
``United States International Broadcasting Agency''.
(5) In section 7 (22 U.S.C. 1465e) by striking ``Board'' in
subsections (b) and (d) and inserting ``United States
International Broadcasting Agency''.
(6) In section 8(a) (22 U.S.C. 1465f(a)), by striking
``Broadcasting Board of Governors'' and inserting ``United
States International Broadcasting Agency''.
(d) Television Broadcasting to Cuba Act.--The Television
Broadcasting to Cuba Act (22 U.S.C. 1465aa note) is amended
as follows:
(1) Section 243(a) (22 U.S.C. 1465bb) is amended by
striking ``Broadcasting Board of Governors'' and inserting
``United States International Broadcasting Agency''.
(2) Section 244 (22 U.S.C. 1465cc) is amended as follows:
(A) In subsection (a) by amending the third sentence to
read as follows: ``The Board of Governors of the United
States International Broadcasting Agency shall appoint a head
of the Service who shall report directly to the Board of
Governors.''.
(B) In subsection (b) by striking ``Board'' and inserting
``United States International Broadcasting Agency''.
(C) In subsection (c) by striking ``The Board'' and
inserting ``The Agency'' and by striking ``Board determines''
and inserting ``Board of Governors of the United States
International Broadcasting Agency determines''.
(3) In section 246 (22 U.S.C. 1465dd) by striking ``United
States Information Agency'' and inserting ``United States
International Broadcasting Agency'' and by striking ``Board''
and inserting ``Board of Governors of the United States
International Broadcasting Agency''.
(e) United States Information and Educational Exchange Act
of 1948.--The United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1431 et seq.) is amended--
(1) in section 505 (22 U.S.C. 1464a), by striking
``Broadcasting Board of Governors'' each place it appears and
inserting ``United States International Broadcasting
Agency''; and
(2) in section 506(c) (22 U.S.C. 1464b(c))--
(A) by striking ``Broadcasting Board of Governors'' and
inserting ``United States International Broadcasting
Agency''; and
(B) by striking ``Board'' and inserting ``Agency''.
(f) Foreign Service Act of 1980.--The Foreign Service Act
of 1980 (22 U.S.C. 3901 et seq.) is amended--
(1) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by
striking ``Broadcasting Board of Governors'' and inserting
``United States International Broadcasting Agency'';
(2) in section 210 (22 U.S.C. 3930), by striking
``Broadcasting Board of Governors'' and inserting ``United
States International Broadcasting Agency'';
(3) in section 1003(a) (22 U.S.C. 4103(a)), by striking
``Broadcasting Board of Governors'' and inserting ``United
States International Broadcasting Agency''; and
(4) in section 1101(c) (22 U.S.C. 4131(c)), by striking
``Broadcasting Board of Governors,'' and inserting ``the
United States International Broadcasting Agency,''.
(g) State Department Basic Authorities Act of 1956.--The
State Department Basic Authorities Act of 1956 (22 U.S.C.
2651a et seq.) is amended--
(1) in section 23(a) (22 U.S.C. 2695(a)), by striking
``Broadcasting Board of Governors,'' and inserting ``United
States International Broadcasting Agency,'';
(2) in section 25(f) (22 U.S.C. 2697(f))--
(A) by striking ``Broadcasting Board of Governors'' and
inserting ``United States International Broadcasting
Agency''; and
(B) by striking ``the Board and the Agency'' and inserting
``their respective agencies'';
(3) in section 26(b) (22 U.S.C. 2698(b))--
(A) by striking `Broadcasting Board of Governors,'' and
inserting ``United States International Broadcasting
Agency''; and
(B) by striking ``the Board and the Agency'' and inserting
``their respective agencies''; and
(4) in section 32 (22 U.S.C. 2704), by striking
``Broadcasting Board of Governors'' and inserting ``United
States International Broadcasting Agency''.
(h) Title 5, United States Code.--
(1) Section 5314 of title 5, United States Code, is amended
by adding at the end the following: ``Director, United States
International Broadcasting Agency.''.
(2) Section 5315 of title 5, United States Code, is amended
by striking ``Director of the International Broadcasting
Bureau.''.
SEC. 538. REFERENCES.
Except as otherwise provided in this subtitle or an
amendment made by this subtitle, any reference in any
statute, reorganization plan, Executive order, regulation,
agreement, determination, or other official document or
proceeding to the Broadcasting Board of Governors and the
International Broadcasting Bureau or any other officer or
employee of the Broadcasting Board of Governors or the
International Broadcasting Bureau shall be deemed to refer to
the United States International Broadcasting Agency or the
Board of Governors of the United States International
Broadcasting Agency established under this subtitle.
SEC. 539. BROADCASTING STANDARDS.
Section 303(a) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6202(a)) is amended--
(1) in paragraph (6) by striking ``and'';
(2) in paragraph (8) by striking the period and inserting
``; and''; and
(3) by adding after paragraph (8) the following new
paragraph:
``(9) seek to ensure that resources are allocated to
broadcasts directed at people whose governments deny freedom
of expression or who are otherwise in special need of honest
and professional broadcasting, commensurate with the need for
such broadcasts.''.
SEC. 540. EFFECTIVE DATE.
Except as otherwise provided, this subtitle and the
amendments made by this subtitle shall take effect on the
last day of the 6-month period beginning on the date of the
enactment of this Act.
TITLE VI--INTERNATIONAL FREE MEDIA ACT OF 2003
SEC. 601. SHORT TITLE.
This title may be cited as the ``International Free Media
Act of 2003''.
SEC. 602. DEFINITIONS.
In this title, the term ``free media'' means individuals or
organizations engaged in the gathering and distribution of
news and information free of direct or indirect governmental
control.
SEC. 603. FINDINGS.
The Congress makes the following findings:
(1) Freedom of speech and freedom of the press are
fundamental human rights enshrined in international law.
(2) The United States has a national interest in promoting
these freedoms by supporting free media abroad, which is
essential to the development of free and democratic societies
consistent with our own.
(3) Free media is undermined, endangered, or nonexistent in
many repressive and transitional
[[Page H6749]]
societies around the world, including in Eurasia, Africa, and
the Middle East.
(4) Free media is suppressed by foreign governments by a
variety of means, including state censorship, legal
restriction, financial pressure, and physical intimidation.
(5) Unprofessional and unethical media that violate widely
accepted standards of professional journalism and editorial
practice compromises the ability of a free media to
contribute to open, fair, and constructive democratic debate.
(6) Unprofessional and unethical media includes media that
violate the standards set in the International Covenant on
Civil and Political Rights, which includes article 20,
section 2 of the Covenant which states that ``Any advocacy of
national, racial, or religious hatred that constitutes
incitement to discrimination, hostility, or violence shall be
prohibited by law.''.
(7) Individuals lacking access to a plurality of free media
are vulnerable to misinformation and propaganda and are
potentially more likely to adopt anti-American views.
(8) Foreign governments have a responsibility to actively
and publicly discourage and rebut unprofessional and
unethical media while respecting journalistic integrity and
editorial independence.
(9) Past and continuing United States Government efforts to
promote free media through training and technical support
have advanced United States national interests by
contributing to the promotion of human rights and democracy
worldwide.
(10) Support for free media must be an integral part of
United States foreign policy, including public diplomacy and
United States international broadcasting, and should be
coordinated across government agencies and with
international, bilateral, and private donor organizations
toward achieving the shared goal of developing professional,
ethical, diversified, sustainable, independent, indigenous
media worldwide.
SEC. 604. STATEMENTS OF POLICY.
It shall be the policy of the United States, acting through
the Secretary of State, to--
(1) make the promotion of press freedoms and free media
worldwide a priority of United States foreign policy and an
integral component of United States public diplomacy;
(2) respect the journalistic integrity and editorial
independence of free media worldwide;
(3) use widely accepted standards for professional and
ethical journalistic and editorial practices in assessing
international media; and
(4) discourage incitement to discrimination, hostility, or
violence, based on nationality, race, or religion, as
described in article 20, section 2, of the International
Covenant on Civil and Political Rights, and develop a
strategy to respond to it.
SEC. 605. COORDINATOR FOR INTERNATIONAL FREE MEDIA.
(a) Establishment.--There is established within the
Department of State a Coordinator for International Free
Media (in this section referred to as the ``Coordinator'').
At the discretion of the President another official at the
Department of State may serve as the Coordinator.
(b) Appointment of Coordinator.--The Coordinator shall be
appointed by the President, by and with the advice and
consent of the Senate.
(c) Duties.--The principal duties of the Coordinator shall
be the promotion of international press freedoms and free
media by--
(1) coordinating United States government policies,
programs, and projects concerning international press
freedoms and free media;
(2) in consultation with appropriate agencies of the United
States Government and national and international
organizations, monitoring and assessing the status of free
media and government controlled sources of information,
including for incitement of national, racial, or religious
hatred that constitutes incitement to discrimination,
hostility, or violence, as described in article 20 of the
International Covenant on Civil and Political Rights;
(3) promoting widely accepted standards of professional and
ethical journalism and editorial practices;
(4) discouraging media and government controlled sources of
information from advocating national, racial, or religious
hatred that constitutes incitement to discrimination,
hostility, or violence consistent with article 20, section 2
of the International Covenant on Civil and Political Rights;
(5) reporting foreign media that advocates national,
racial, or religious hatred that constitutes incitement to
discrimination, hostility, or violence consistent with
article 20, section 2, of the International Covenant on Civil
and Political Rights and making available to the public and
to the United States Agency for International Broadcasting
translations of such media to the extent practicable;
(6) promoting the journalistic integrity and editorial
independence of free media worldwide;
(7) advising the President and the Secretary of State
regarding matters of international press freedoms and free
media;
(8) representing the United States in matters and cases
relevant to international press freedoms and free media;
(9) assisting the Secretary of State in preparing the
portions of the Department of State country reports on human
rights that relate to international press freedoms and free
media and incitement to acts of discrimination;
(10) consulting with the Broadcasting Board of Governors
and the United States Agency for International Development
for the purpose of promoting free media through training of
international journalists, producers, editors, and media
managers; and
(11) administering the International Free Media Fund
(established in section 607) in consultation with the United
States Advisory Commission on Public Diplomacy and
International Media.
(d) Assessment Factors.--In making an assessment of media
within individual countries pursuant to subsection (c)(2),
the Coordinator shall take into account--
(1) the number and diversity of media;
(2) access to and consumption of media by populations;
(3) the extent of direct or indirect government ownership,
control, or censorship of media outlets;
(4) the financial viability and profitability of free
media;
(5) the extent to which journalists, editors, and media
managers adhere to widely accepted standards for professional
and ethical journalism;
(6) domestic laws addressing press freedoms;
(7) instances in which the media and government-controlled
sources of information have incited discrimination,
hostility, or violence consistent with article 20, section 2
of the International Covenant on Civil and Political Rights;
(8) physical threats, intimidation or inappropriate
pressure by government on free media;
(9) the number of journalists, editors, producers, and
media managers receiving training from programs of the
Department of State, the Broadcasting Board of Governors,
grantees of the United States Agency for International
Development, or other organizations qualified to provide such
training; and
(10) the activity of local and international
nongovernmental organizations promoting press freedoms and
free media and obstacles to their activity.
(e) Consultation Requirement.--The Coordinator shall
consult with United States public affairs officers and other
United States foreign mission personnel directly engaged in
interacting with indigenous media in carrying out the duties
specified in subsection (c).
(f) Determination.--The Coordinator shall determine, and
annually report to the appropriate congressional committees,
whether there is a pattern of government-controlled
information that constitutes incitement (as described in
article 20 of the International Covenant on Civil and
Political Rights) and that endangers United States citizens
or nationals, impairs relations between the United States and
the foreign government, or constitutes incitement to
national, racial, or religious discrimination, hostility, or
violence. The Coordinator shall specify the governments
engaged in such practices and examples of such incitement and
propaganda.
(g) Funding.--The Secretary of State shall ensure that the
Coordinator has adequate staff and funding for the conduct of
investigations, the administration of the International Free
Media Fund, necessary travel, and other activities necessary
to carry out the provisions of this section.
SEC. 606. UNITED STATES ADVISORY COMMISSION ON PUBLIC
DIPLOMACY AND INTERNATIONAL MEDIA.
(a) Establishment.--Section 604(a)(1) of the United States
Information and Educational Exchange Act of 1948 (22 U.S.C.
1469) is amended to read as follows:
``(1) There is established an advisory commission to be
known as the United States Advisory Commission on Public
Diplomacy and International Media.''.
(b) Duties and Responsibilities.--Section 604(c) of the
United States Information and Exchange Act of 1948 (22 U.S.C.
1469) is amended by adding at the end the following:
``(5) The Commission shall--
``(A) advise the Coordinator for International Free Media
on issues relating to the promotion of international press
freedoms and free media;
``(B) assist the Coordinator for International Free Media
in monitoring and assessing the status of free media
worldwide;
``(C) consult with the Coordinator on the administration of
the International Free Media Fund; and
``(D) make policy recommendations to the President, the
Secretary of State, and Congress with respect to matters
involving international press freedoms and free media.''.
(c) References.--Except as otherwise provided in this
section or an amendment made by this section, any reference
in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official
document or proceeding to the United States Advisory
Commission on Public Diplomacy or any other officer or
employee of the United States Advisory Commission on Public
Diplomacy shall be deemed to refer to the United States
Advisory Commission on Public Diplomacy and International
Media established under this section.
SEC. 607. INTERNATIONAL FREE MEDIA FUND.
(a) Establishment.--There is established an International
Free Media Fund (in this section referred to as the ``Fund'')
at the Department of State.
(b) Purposes.--The purposes of the Fund shall be--
(1) to promote the development of free and independent
media worldwide which adhere to widely accepted standards of
professional and ethical journalism and editorial practice;
and
(2) to complement current efforts by the Department of
State, the United States Agency for International
Development, the Broadcasting Board of Governors, and other
agencies of the United States Government to support free and
independent media worldwide.
(c) Authorization of Appropriations.--In addition to
amounts otherwise authorized to be appropriated to carry out
the purposes specified in subsection (b), there is authorized
to be appropriated to the Fund $15,000,000 for fiscal year
2004. Such amounts are authorized to remain available until
expended.
(d) Nonapplicability of Other Laws.--Notwithstanding any
other provision of law, funds
[[Page H6750]]
appropriated pursuant to subsection (c) may be used for the
purposes of this section.
(e) Administration.--
(1) The Fund shall be administered by the Coordinator in
consultation with the Commission.
(2) Activities and assistance financed through the Fund may
be carried out through grants, contracts, technical
assistance, and material support.
(f) Eligible Organizations, Programs, and Projects.--
Amounts in the Fund may be used to carry out activities and
provide assistance only for organizations, programs, and
projects consistent with the purposes set forth in subsection
(b).
(g) Prohibitions.--Amounts in the Fund shall not be used to
carry out activities or provide assistance to organizations,
programs, or projects which advocate national, racial, or
religious hatred that incites discrimination, hostility, or
violence consistent with article 20, section 2 of the
International Covenant on Civil and Political Rights.
(h) Assistance Criteria.--In administering the Fund, the
Coordinator shall take into account--
(1) the importance of providing assistance to
organizations, programs, and projects based on their proven
or potential contribution to the development of a free media
environment worldwide;
(2) the importance of enabling free media to become
commercially viable and financially independent in the long
term; and
(3) the importance of providing media personnel whose
organizations, programs, or projects receive assistance under
this section for training in professional and ethical
journalism, editorial practices, and media management by the
Department of State, the Broadcasting Board of Governors,
United States Agency for International Development grantees,
or other organizations qualified to provide such training.
(i) Annual Reports.--Not later than January 31, of 2005 and
in each subsequent year, the Coordinator shall publish an
annual report on the activities of the Fund, which shall
include a comprehensive and detailed description of the
operations, activities, financial condition, and
accomplishments under this section for the preceding fiscal
year. The reports shall also include an assessment of whether
the Fund should also provide loans and guarantees as an
additional means to carry out the purposes of this title.
(j) Consultation Requirements.--
(1) The Coordinator shall consult with the State Department
official primarily responsible for developing and
implementing United States policy with respect to a country
prior to carrying out activities or providing assistance for
such country through the Fund.
(2) Amounts in the Fund shall be used to carry out
activities or provide assistance on the basis of
consultations among all relevant United States Government
agencies operating in the country and with the approval of
the chief of mission.
SEC. 608. FREE MEDIA PROMOTION ACTIVITY OF THE BROADCASTING
BOARD OF GOVERNORS.
(a) In General.--The Broadcasting Board of Governors shall
make support for indigenous free media an integral part of
its mission.
(b) Affiliates.--The Broadcasting Board of Governors shall
submit a report to the appropriate congressional committees
on the prospects and strategy for cultivating affiliate
relationships with free media in countries targeted for
United States international broadcasting.
(c) Training.--The Broadcasting Board of Governors shall
enhance foreign journalist training programs in coordination
with existing training programs administered by the
Department of State and the United States Agency for
International Development.
(d) Authorization for Appropriations.--In addition to
amounts otherwise authorized to be appropriated, there is
authorized to be appropriated $2,500,000 for the fiscal year
2004 and $2,500,000 for the fiscal year 2005 to support free
media in countries in which the Broadcasting Board of
Governors is decreasing or discontinuing United States
international broadcasting activity.
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--Reporting Requirements
SEC. 701. REPORTS 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.
SEC. 702. REPORTS CONCERNING THE CAPTURE AND PROSECUTION OF
PARAMILITARY AND OTHER TERRORIST LEADERS IN
COLOMBIA.
(a) Findings.--The Congress makes the following findings:
(1) As reported in the Department of State report Patterns
of Global Terrorism 2001, the United Self-Defense Forces of
Colombia (also referred to as ``AUC'' or ``paramilitaries'')
have been designated as a foreign terrorist organization by
the United States primarily because of their increasing
reliance on terrorist methods, such as the use of massacres,
to purposefully displace segments of the population as
retaliation for allegedly supporting the AUC's rival
organizations, the Revolutionary Armed Forces of Colombia
(FARC) and the National Liberation Army (ELN) of Colombia.
According to the report, the paramilitaries also use
terrorist tactics to compete for narcotics-trafficking
corridors and prime coca-growing terrain.
(2) The Department of State concluded in the 2001 Country
Report on Human Rights Practices that despite increased
efforts by the Government of Colombia to combat and capture
members of paramilitary groups, security forces sometimes
illegally collaborate with paramilitaries forces and often
fail to take action to prevent paramilitary attacks which
lead to serious abuses of human rights.
(3) In September 2002, Amnesty International, Human Rights
Watch, and the Washington Office on Latin America released a
report which argued that the Colombian Government had not
made substantial progress toward suspending officers
implicated in human rights abuses, conducting effective
judicial investigations of such abuses, or breaking the
persistent links between some units of the Colombian military
and paramilitary groups.
(4) In February 2003, the United Nations High Commissioner
for Human Rights in Colombia reported that some units of the
Colombian Security Forces continued to collude openly with
illegal paramilitary groups in operations which resulted in
violations of human rights.
(5) The Consolidated Appropriations Resolution, 2003
(Public Law 108-7) made available not less than $5,000,000 to
support a Colombian Armed Forces unit which is dedicated to
apprehending leaders of Colombian paramilitary organizations.
(b) Reports to Congress.--Not later than 30 days after the
date of enactment of this Act, and every 180 days thereafter,
the Secretary of State, after consulting with internationally
recognized human rights organizations pursuant to the
procedures required in section 564(b) of the Consolidated
Appropriations Resolution, 2003, shall submit a report, in
unclassified form (with a classified annex if necessary), on
the specific measures that the Colombian authorities are
taking to apprehend effectively and prosecute aggressively
leaders of paramilitary organizations, to the Committee on
International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate.
(c) Contents of Reports.--Each report submitted pursuant to
subsection (b) shall--
(1) identify which Colombian Armed Forces units are
receiving assistance to apprehend leaders of Colombian
paramilitary organizations;
(2) describe the amount and purposes of such assistance;
(3) describe operations by Colombian security forces to
apprehend and arrest leaders of Colombian paramilitary
organizations;
(4) list the number of detentions, captures, and arrests of
leaders of Colombian paramilitary organizations,
disaggregating the number according to those detentions,
captures, and arrests which were carried out by Colombian
security forces identified under paragraph (1);
(5) briefly describe the status of investigations and
prosecutions of cases by the Colombian Attorney General's
office involving the arrests of leaders of Colombian
paramilitary organizations; and
(6) estimate the number of hours of use by the Colombian
military of helicopters provided by the United States under
Plan Colombia and successor programs to apprehend the leaders
of Colombian paramilitary organizations, as well as leaders
of the FARC and ELN, including those individuals who have
United States indictments pending against them.
SEC. 703. REPORTS RELATING TO MAGEN DAVID ADOM SOCIETY.
(a) Findings.--Section 690(a) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228) is
amended by adding at the end the following:
``(5) Since the founding of the Magen David Adom in 1930,
the American Red Cross has regarded it as a sister national
society forging close working ties between the two societies
and has consistently advocated recognition and membership of
the Magen David Adom in the International Red Cross and Red
Crescent Movement.
``(6) The American Red Cross and Magen David Adom signed an
important memorandum of understanding in November 2002,
outlining areas for strategic collaboration, and the American
Red Cross will encourage other societies to establish similar
agreements with Magen David Adom.''.
(b) Sense of Congress.--Section 690(b) of such Act is
amended--
(1) in paragraph (3) after the semicolon by striking
``and'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) the High Contracting Parties to the Geneva
Conventions of August 12, 1949, should adopt the October 12,
2000, draft additional protocol which would accord
international recognition to an additional distinctive
emblem; and''.
(c) Report.--Section 690 of such Act is further amended by
adding at the end the following:
``(c) Report.--Not later than 60 days after the date of the
enactment of the Foreign Relations Authorization Act, Fiscal
Years 2004 and 2005 and annually thereafter, the Secretary
of State shall submit a report, on a classified basis if
necessary, to the appropriate congressional committees
describing--
``(1) efforts by the United States to obtain full
membership for the Magen David Adom in the International Red
Cross Movement;
``(2) efforts by the International Committee of the Red
Cross to obtain full membership for the Magen David Adom in
the International Red Cross Movement;
``(3) efforts of the High Contracting Parties to the Geneva
Convention of 1949 to adopt the October 12, 2000, draft
additional protocol; and
``(4) the extent to which the Magen David Adom of Israel is
participating in the activities of the International Red
Cross and Red Crescent Movement.''.
[[Page H6751]]
SEC. 704. REPORT CONCERNING THE RETURN OF PORTRAITS OF
HOLOCAUST VICTIMS TO THE ARTIST DINA BABBITT.
(a) Findings.--The Congress makes the following findings:
(1) Dina Babbitt (formerly known as Dinah Gottliebova), a
United States citizen, has requested the return of watercolor
portraits she painted while suffering a one and one-half year
long internment at the Auschwitz death camp during World
War II, where she was ordered to paint portraits by the
infamous war criminal Dr. Josef Mengele.
(2) Congress has previously considered the issue, under the
Foreign Relations Authorization Act, Fiscal Year 2003 (Public
Law 107-228), and urged the Administration to facilitate the
return of the paintings to Dina Babbitt.
(3) The Administration has not yet reported any progress in
furthering this goal, nor has the Secretary reported on the
status of any negotiations held with the intent of furthering
this goal.
(b) Sense of Congress.--The Congress--
(1) continues to recognize the moral right of Dina Babbitt
to obtain the artwork she created, and recognizes her courage
in the face of the evils perpetrated by the Nazi command of
the Auschwitz- Birkenau death camp, including the atrocities
committed by Dr. Josef Mengele;
(2) urges the President of the United States to make all
necessary efforts to retrieve the 7 watercolor portraits
painted by Dina Babbitt, during her internment at the
Auschwitz death camp; and
(3) urges the Secretary of State to make immediate
diplomatic efforts to facilitate the transfer of the 7
original watercolors painted by Dina Babbitt from the
Auschwitz-Birkenau State Museum to Dina Babbitt, their
rightful owner.
(c) Reporting Requirement.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
shall submit a report to the appropriate congressional
committees, describing all diplomatic efforts the United
States has taken to facilitate the return of the paintings
referred to in this section to Dina Babbitt.
SEC. 705. REPORT TO CONGRESS ON USE OF VESTED ASSETS.
Section 203(a) of the International Emergency Economic
Powers Act (50 U.S.C. 1702(a)) is amended--
(1) in subparagraph (C), by inserting ``, subject to
paragraph (4),'' after ``such interest or property shall'';
and
(2) by adding at the end the following:
``(4) The authority under paragraph (1)(C) to use property
that has been vested or to use assets that have been
liquidated may not be exercised until 15 days after the
President has notified the Committee on International
Relations of the House of Representatives and the Committee
on Foreign Relations of the Senate of the purpose for which
such vested property or liquidated assets will be so used.''.
SEC. 706. REPORT CONCERNING THE CONFLICT IN UGANDA.
(a) Sense of Congress.--It is the sense of the Congress
that the United States should--
(1) exhaust all diplomatic means and pressures, including
the creation of a United States role in negotiating
humanitarian access to hitherto inaccessible populations
which would offer an opportunity to bring the warring parties
together to build confidence, to support an immediate
peaceful resolution to the 16-year old conflict in Northern
Uganda that has--
(A) killed an estimated 23,000 people, including 12,000
civilians,
(B) resulted in the forced abduction, sexual servitude, and
armed recruitment of between 16,000 to 26,000 Ugandan
children by the Lord's Resistance Army, a renegade army that
has in the past sought refuge in southern Sudan and raided
villages in northern Uganda,
(C) displaced over 800,000 Ugandan citizens and Sudanese
refugees,
(D) resulted in the death and abduction of humanitarian aid
workers, and
(E) gravely inhibited the delivery of emergency assistance
and food aid to nearly 1 million northern Ugandan civilians
dependent on such assistance for survival;
(2) urge rebel forces to stop the abduction of children,
urge all forces to stop the use of child soldiers, and seek
the release of all forcibly-held children;
(3) make available technical assistance resources to seek,
track, and stop funding for the Lord's Resistance Army (LRA)
from all sources and condemn all governments and
organizations who do assist the LRA;
(4) monitor and support negotiations conducted by third-
party institutions for an immediate cease-fire between the
LRA and the Ugandan Government, and to explore the
possibility of facilitating the creation of mechanisms for an
international monitoring team to enforce this cease-fire as
the first step in the process toward a permanent peace;
(5) continue supporting the Sudan Peace Process and
Danforth Initiative, which includes peace talks, donor
coordination, regional support, civilian protection and
monitoring, and cease-fire verification and consider modeling
aspects of this process in northern Uganda;
(6) make available sufficient resources to meet the
immediate relief of the towns and cities supporting large
displaced populations, including food, clean water, medicine,
shelter, and clothing;
(7) make available increased resources for assistance to
released and returned abducted children and child soldiers
and ensure that amnesty is provided when appropriate;
(8) work with other donors and the Ugandan Government to
increase resources and technical support to the Uganda
Amnesty Commission for the increased demobilization of rebel
combatants;
(9) examine ways in which development assistance can help
those living in protective villages in northern Uganda return
to and cultivate farmland; and
(10) condition military assistance to Uganda on its
international compliance with sustained troop withdrawals
from the Democratic Republic of Congo where the presence of
Ugandan armies has contributed to the violence and
instability in the region.
(b) Reports to Congress.--Not later than 180 days after the
date of the enactment of this Act, and not later than April 1
of each subsequent year, the Secretary shall submit to the
appropriate congressional committees a report on the
comprehensive actions of the United States in seeking a
peaceful and immediate solution to conflict in northern
Uganda as well as humanitarian assistance efforts to the
region, including efforts to advance each area addressed in
subsection (a).
SEC. 707. REQUIREMENT FOR REPORT ON UNITED STATES POLICY
TOWARD HAITI.
(a) Findings.--Congress makes the following findings:
(1) The United States has a political and economic interest
and a humanitarian and moral responsibility in assisting the
Government and people of Haiti in resolving the country's
problems and challenges.
(2) The situation in Haiti is increasingly cause for alarm
and concern, and a sustained, coherent, and active approach
by the United States Government is needed to make progress
toward resolving Haiti's political and economic crises.
(b) Requirement for Report.--Not later than 60 days after
the date of enactment of this Act, the Secretary, in
consultation with the Secretary of the Treasury, shall submit
to the appropriate congressional committees a report that
describes United States policy toward Haiti. The report shall
include the following:
(1) A description of the activities carried out by the
United States Government to resolve Haiti's political crisis
and to promote the holding of free and fair elections in
Haiti at the earliest possible date.
(2) A description of the activities that the United States
Government anticipates initiating to resolve the political
crisis and promote free and fair elections in Haiti.
(3) An assessment of whether Resolution 822 issued by the
Permanent Council of the Organization of American States on
September 4, 2002, is an appropriate framework for a
multilateral approach to resolving the political and economic
crises in Haiti.
(4) A description of the status of efforts to release the
approximately $146,000,000 in loan funds that have been
approved by the Inter-American Development Bank to Haiti for
the purposes of rehabilitating rural roads, reorganizing the
health sector, improving potable water supply and sanitation,
and providing basic education, a description of any obstacles
that are delaying the release of the loan funds, and
recommendations for overcoming such obstacles, including
whether any of the following would facilitate the release of
such funds:
(A) Establishing an International Monetary Fund staff
monitoring program in Haiti.
(B) Obtaining bridge loans or other sources of funding to
pay the cost of any arrears owed by the Government of Haiti
to the Inter-American Development Bank.
(C) Providing technical assistance to the Government of
Haiti to permit the Government to meet international
financial transparency and other requirements.
SEC. 708. REPORT ON THE EFFECTS OF PLAN COLOMBIA ON ECUADOR.
(a) Findings.--The Congress makes the following findings:
(1) Section 695 of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228) required the Secretary
of State to submit a report to Congress on the impact of Plan
Colombia on Ecuador and the other adjacent countries to
Colombia within 150 days after the date of the enactment of
that Act.
(2) The 150 day time period for the submission of such
report has lapsed without a report being submitted to the
Congress.
(3) There continues to be growing alarm concerning the
spillover effect of Plan Colombia on Ecuador, a frontline
state, especially in the northern region of Ecuador which
includes the Sucumbios province.
(b) Report to Congress.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of State
shall submit a report to the appropriate congressional
committees which sets forth--
(A) a statement of policy and comprehensive strategy for
United States activities in Colombia related to the impact of
Plan Colombia on Ecuador and the other adjacent countries to
Colombia; and
(B) the reasons for the failure of the Department of State
to submit the report required by section 695 of Public Law
107-228 within the time period mandated by law.
SEC. 709. REPORT ON ACTIONS TAKEN BY PAKISTAN.
For each of fiscal years 2004 and 2005, the President shall
prepare and transmit to the appropriate congressional
committees a report that contains a description of the extent
to which the Government of Pakistan--
(1) has closed all known terrorist training camps operating
in Pakistan and Pakistani-held Kashmir;
(2) has established serious and identifiable measures to
prohibit the infiltration of Islamic extremists across the
``Line of Control'' (LoC) into India; and
(3) has ceased the transfer of weapons of mass destruction,
including any associated technologies, to any third country
or terrorist organization.
SEC. 710. REPORT ON DEMOCRACY IN THE WESTERN HEMISPHERE.
(a) Findings.--Congress finds the following:
(1) Although 34 out of 35 countries in the Western
Hemisphere have held elections for civilian leaders of
national, regional, and local
[[Page H6752]]
governments, many of these countries have failed to
successfully develop independent democratic institutions,
transparent and accountable governance, and effective means
of guaranteeing the rule of law, which are key components of
a fully functioning democracy.
(2) The rule of law, independent democratic institutions,
and transparent, accountable governance are essential for
guaranteeing human rights, especially civil, political, and
labor rights.
(3) The rule of law, independent democratic institutions,
and transparent accountable governance are also necessary for
promoting successful economic development and reliable
trading and investment mechanisms.
(4) In part because of the lack of these three factors,
progress on human rights and economic development has lagged
or been uneven in much of the Western Hemisphere, leading
some to question the benefits of democracy itself as a path
for improving the lives of individuals in the hemisphere.
(5) For democracy to continue in many of these countries,
for human rights to improve, and for regional economic
integration to be successful, the rule of law, independent
democratic institutions, and transparent accountable
governance must be strengthened.
(6) As a strong supporter of democracy and human rights and
as an advocate of regional economic integration, it is in the
interests of the United States to enhance its efforts to
promote a deepening of democracy in the Western Hemisphere,
particularly through strengthening the rule of law,
independent democratic institutions, and transparent
accountable governance.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, in consultation with
the heads of other Federal departments and agencies as
necessary, shall prepare and submit to the appropriate
congressional committees a report on the state of democracy
in each country in the Western Hemisphere (other than the
United States and Canada). For each such country, the report
shall provide the following:
(1) A description of its system of government, including
schedule of elections, manner of judicial appointments, and
responsibilities of each branch of government.
(2) An assessment of--
(A) the state of the rule of law;
(B) the power and independence of each branch of government
and institutions;
(C) the transparence and accountability in governance; and
(D) the effect on human rights, particularly civil and
political rights, caused by the presence (or lack thereof) of
any of the factors in subparagraphs (A) through (C); and
(E) the effect on economic development caused by the
presence (or lack thereof) of any of the factors in
subparagraphs (A) through (C).
(3) A description of efforts to strengthen the rule of law,
independent institutions, or transparent governance in the
country, whether through local efforts or through efforts
funded or implemented by the United States, the Organization
of American States (OAS), or others.
SEC. 711. REPORT CONCERNING INTERNAL AND INTRA-REGIONAL
CONFLICTS IN THE GREAT LAKES REGION OF AFRICA.
(a) Findings.--The Congress makes the following findings:
(1) The Great Lakes region of Central Africa has a history
of colonial based ethnic divisions, political violence, and
civil wars which have perpetuated conditions conducive to
chronic poverty and turmoil over the past decade. The
countries of the Great Lakes region are heavily embroiled in
the conflicts within their neighbors borders. At different
times, the war in the Democratic Republic of Congo (DRC) has
involved more outside countries than any other contemporary
war in Africa's history, (including Angola, Rwanda, Uganda,
Zimbabwe, Burundi, Sudan, Chad, Namibia, and Central African
Republic).
(2) The region is hallmarked by genocide, the recruitment
of child soldiers, war crimes, systematic rape of women and
violence directed against children, corruption, and the
illegal exploitation of natural resources on a global scale.
Civil wars, conflicts over natural resources, and structural
violence in the Great Lakes have resulted in--
(A) the death of approximately three million people through
direct and indirect causes of the war in the DRC since 1998;
(B) the deaths of at least 800,000 people during the 1994
genocide in Rwanda;
(C) the deaths of an estimated 300,000 people through
direct and indirect causes of the war in Burundi since 1993;
(D) the deaths of thousands in Uganda;
(E) the forced abduction, sexual servitude, and armed
recruitment of thousands of children;
(F) the displacement of millions of Ugandan, Burundian,
Congolese, Rwandan, and Sudanese refugees;
(G) the death and abduction of humanitarian aid workers
throughout the region; and
(H) grave disruptions in the delivery of emergency
assistance and food aid to millions of civilians in northern
Uganda, eastern Congo, and Burundi dependent on such
assistance for survival.
(b) Sense of Congress.--It is the sense of the Congress
that the United States should--
(1) exhaust all diplomatic means and utilize all foreign
policy instruments to help peacefully resolve conflicts in
the Great Lakes region by supporting both national and
regional political, economic, and social initiatives
conducive to fostering African-led peace, reconstruction, and
political and economic institutional and structural
transformation processes in Uganda, Rwanda, Burundi, and the
Democratic Republic of Congo;
(2) urge all rebel forces to stop the abduction of
children, urge all armed forces to stop the use of child
soldiers, and seek the release of all forcibly-held children;
(3) make available technical assistance resources to seek,
track, and stop funding for all armed extremist paramilitary
and militarist rebel organizations from all sources and
condemn all governments and organizations who do assist such
groups;
(4) monitor and support negotiations conducted by third-
party institutions for an immediate end of armed actions
between: The LRA and the Ugandan Government; the RCD factions
and MLC and the government of Democratic Republic of the
Congo under the terms of the Lusaka Accords; the FDD and the
Burundian Government under the terms of the Arusha Accords;
(5) explore the possibility of facilitating the creation of
mechanisms for an international monitoring team to enforce
cease-fires as the first step in the process toward a
permanent peace in the region;
(6) continue supporting the Sudan Peace Process, the
Danforth Initiative, the Lusaka Accords, and the Arusha
Accords which includes peace talks, donor coordination,
regional support, civilian protection and monitoring, and
cease-fire verification;
(7) make available sufficient resources to meet the
immediate relief needs of the towns and cities in the Great
Lakes region supporting large displaced populations,
including food, clean water, medicine, shelter, and clothing;
(8) make available increased resources for assistance to
released and returned abducted children and child soldiers in
the Great Lakes Region and ensure that amnesty is provided
when appropriate;
(9) work with other donors and the Governments of Uganda,
Burundi, Rwanda, and the Democratic Republic of Congo to
increase resources and technical support to both regional and
national combatant demobilization entities such as the Uganda
Amnesty Commission in Uganda and equivalent entities in
Burundi, Rwanda, and the Democratic Republic of Congo for the
increased demobilization of rebel combatants;
(10) examine ways in which development assistance (DA) can
help those living in protective villages in northern Uganda,
eastern Congo, and other demilitarized areas in Rwanda and
Burundi to return to and cultivate farmland;
(11) condition military assistance to any nation which acts
to destabilize the DRC by violating international agreements
regarding sustained troop withdrawals and respect for the
territorial integrity of the DRC; and
(12) direct the Secretary of State to appoint a special
envoy to the Great Lakes region to oversee cross-cutting
security and economic policies in the region.
(c) Reports to Congress.--Not later than 180 days after the
date of the enactment of this Act, and not later than April 1
of each subsequent year, the Secretary should submit to the
appropriate congressional committees a report on the
comprehensive actions taken by the United States in promoting
peaceful and immediate solutions to the internal and intra-
regional conflicts in the Great Lakes region, including
taking steps to bring an end to the illegal exploitation and
international trade of natural resources from the Democratic
Republic of Congo; supporting bilateral and multilateral
peace keeping initiatives; the promotion of regional economic
integration; the promotion of broad based democratic
political processes based on the rule of law; the promotion
of women and other previously disadvantaged communities as
equal political and economic stakeholders in societies; and
humanitarian assistance efforts in the region, including
efforts to advance each area addressed in subsection (a).
Subtitle B--Other Matters
SEC. 721. SENSE OF CONGRESS RELATING TO EAST TIMOR, JUSTICE,
AND REHABILITATION.
The Congress--
(1) recalls that the United Nations International
Commission of Inquiry concluded in January 2000 that ``the
Indonesian Army was responsible for the intimidation, terror,
killings and other acts of violence'' during East Timor's
vote for independence in 1999;
(2) reiterates that justice for crimes against humanity and
war crimes committed in East Timor during the vote for
independence in 1999 is crucial for peace, reconciliation,
and the ongoing nation-building process in East Timor and
Indonesia;
(3) finds that the ad hoc Human Rights Court on East Timor
established by the Indonesian Government in 2001 has
inadequately brought to justice the perpetrators of these
crimes as eleven of fourteen defendants have been acquitted
as a result of poor indictments and the absence of an
adequate witness protection program, and four of the five
sentences imposed have been less than the minimum allowed
under the Indonesian Human Rights Law;
(4) supports the work of the Joint United Nations-East
Timor Serious Crimes Unit (SCU), which filed indictments
against high-ranking Indonesian officers who were allegedly
involved in the crimes, including Gen. Wiranto, Maj. Gen.
Kiki Syahnakri, Maj. Gen. Zacky Anwar Makarim, Maj. Gen. Adam
Damiri, Col. Suratman, Col. Noer Muis, Col. Yayat Sudrajat
and former Governor Abilio Soares, and expresses its strong
disappointment that the Indonesian Government has stated its
intention to ignore the indictments;
(5) calls on the State Department and the United States
Mission to the United Nations to push for a comprehensive
United Nations review of the Indonesian ad hoc Human Rights
Court on East Timor, including a review of the conduct of
trials, the indictment strategy by the prosecutors and its
adherence to the international standards, and urges the
State Department to consider alternative mechanisms of
justice for East Timor, including the establishment of an
ad hoc international tribunal; and
[[Page H6753]]
(6) urges the Indonesian Government to fully cooperate with
the joint United Nations-East Timor Serious Crimes Unit (SCU)
and encourages the United States to urge the Indonesian
Government to fully cooperate with the SCU.
SEC. 722. SENSE OF CONGRESS CONCERNING HUMAN RIGHTS AND
JUSTICE IN INDONESIA.
The Congress--
(1) notes with grave concern that members of the Indonesian
security forces, particularly the Army Special Forces
(Kopassus) and the Police Mobile Brigade (Brimob), continue
to commit many serious human rights violations, including
extrajudicial killings, torture, rape, and arbitrary
detention, particularly in areas of conflict such as Aceh,
Papua, the Moluccas, and Central Sulawesi;
(2) notes with grave concern that the Government of
Indonesia largely fails to hold soldiers and police
accountable for extrajudicial killings and other serious
human rights abuses, both past and present;
(3) condemns the intimidation and harassment of human
rights and civil society organizations and activists by
members of Indonesian security forces and by military-backed
militia groups, particularly in Aceh and Papua;
(4) notes with concern the Indonesian military's resistance
to civilian control and oversight, its lack of budgetary
transparency, and its continuing emphasis on internal
security within Indonesia;
(5) urges the Indonesian government and military to provide
full, active, and unfettered cooperation with the
investigation of the Federal Bureau of Investigation of the
United States Department of Justice into the August 31, 2002
attack near Timika, Papua, which killed three people
(including two Americans, Rick Spier and Ted Burgon), and
injured 12 others, and which appears likely to have been
perpetrated at least in part by members of the Indonesian
military;
(6) commends the December 2002 signing of the Framework
Agreement on Cessation of Hostilities in Aceh, but condemns
the recent outbreaks of violence and militia activity that
appear calculated to subvert that cease-fire agreement;
(7) notes with grave concern the continued detention of
Muhammad Nazar, and the fact that those responsible for the
murders of other prominent members of civil society in Aceh,
such as Jafar Siddiq Hamzah, Sukardi, Sulaiman Ahmad, Tengku
Safwan Idris, Nashiruddin Daud, and Zaini Sulaiman, still
have not been apprehended, prosecuted, or punished;
(8) commends the ``Zone of Peace'' initiative in Papua,
which has brought together civic, religious, governmental,
and police representatives to discuss productive means of
avoiding conflict, but expresses concern at the refusal of
the Indonesian military to participate in that effort; and
(9) encourages the Government of Indonesia to expedite the
reunification of separated East Timorese children with their
families, and to hold legally accountable those individuals
and organizations responsible for taking those children and
for obstructing reunification efforts.
SEC. 723. AMENDMENT TO THE INTERNATIONAL RELIGIOUS FREEDOM
ACT OF 1998.
Section 207(a) of the International Religious Freedom Act
of 1998 (22 U.S.C. 6435(a)) is amended by inserting ``and for
each subsequent fiscal year'' after ``2003''.
SEC. 724. SENSE OF CONGRESS WITH RESPECT TO HUMAN RIGHTS IN
CENTRAL ASIA.
(a) Findings.--The Congress makes the following findings:
(1) The Central Asian nations of Kazakhstan, Kyrgyzstan,
Tajikistan, Turkmenistan, and Uzbekistan are providing the
United States with assistance in the war in Afghanistan, from
military basing and overflight rights to the facilitation of
humanitarian relief.
(2) In turn, the United States victory over the Taliban in
Afghanistan provides important benefits to the Central Asian
nations by removing a regime that threatened their security
and by significantly weakening the Islamic Movement of
Uzbekistan, a terrorist organization that had previously
staged armed raids from Afghanistan into the region.
(3) The United States has consistently urged the nations of
Central Asia to open their political systems and economies
and to respect human rights, both before and since the
attacks of September 11, 2001.
(4) Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and
Uzbekistan are members of the United Nations and the
Organization for Security and Cooperation in Europe (OSCE),
both of which confer a range of obligations with respect to
human rights on their members.
(5) While the United States recognizes marked differences
among the social structures and commitments to democratic and
economic reform of the Central Asian nations, the United
States notes nevertheless, according to the State Department
Country Reports on Human Rights Practices, that all five
governments of such nations, to differing degrees, restrict
freedom of speech and association, restrict or ban the
activities of human rights organizations and other
nongovernmental organizations, harass or prohibit independent
media, imprison political opponents, practice arbitrary
detention and arrest, and engage in torture and extrajudicial
executions.
(6) By continuing to suppress human rights and to deny
citizens peaceful, democratic means of expressing their
convictions, the nations of Central Asia risk fueling popular
support for violent and extremist movements, thus undermining
the goals of the war on terrorism.
(7) President George W. Bush has made the defense of human
dignity, the rule of law, limits on the power of the state,
respect for women and private property, free speech, equal
justice, religious tolerance strategic goals of United States
foreign policy in the Islamic world, arguing that ``a
truly strong nation will permit legal avenues of dissent
for all groups that pursue their aspirations without
violence''.
(8) Congress has expressed its desire to see deeper reform
in Central Asia in past resolutions and other legislation,
most recently conditioning assistance to Uzbekistan and
Kazakhstan on their progress in meeting commitments to the
United States on human rights and democracy.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the governments of Kazakhstan, Kyrgyzstan, Tajikistan,
Turkmenistan, and Uzbekistan should accelerate democratic
reforms and fulfill their human rights obligations,
including, where appropriate, by--
(A) releasing from prison anyone jailed for peaceful
political activism or the nonviolent expression of their
political or religious beliefs;
(B) fully investigating any credible allegations of torture
and prosecuting those responsible;
(C) permitting the free and unfettered functioning of
independent media outlets, independent political parties, and
nongovernmental organizations, including by easing
registration processes;
(D) permitting the free exercise of religious beliefs and
ceasing the persecution of members of religious groups and
denominations that do not engage in violence or political
change through violence;
(E) holding free, competitive, and fair elections; and
(F) making publicly available documentation of their
revenues and punishing those engaged in official corruption;
(2) the President, the Secretary of State, and the
Secretary of Defense should--
(A) continue to raise at the highest levels with the
governments of the nations of Central Asia specific cases of
political and religious persecution, and to urge greater
respect for human rights and democratic freedoms at every
diplomatic opportunity;
(B) take progress in meeting the goals specified in
paragraph (1) into account when determining the scope and
nature of United States diplomatic and military relations and
assistance with each of such governments;
(C) ensure that the provisions of foreign operations
appropriations Acts are fully implemented to ensure that no
United States assistance benefits security forces in Central
Asia that are implicated in violations of human rights;
(D) press the Government of Turkmenistan to implement the
helpful recommendations contained in the 2003 resolution on
Turkmenistan of the United Nations Commission on Human Rights
and the so-called ``Moscow Mechanism'' Report of the
Organization for Security and Cooperation in Europe (OSCE),
respect the right of all prisoners to due process and a fair
trial and release democratic activists and their family
members from prison;
(E) urge the Government of Russia not to extradite to
Turkmenistan members of the political opposition of
Turkmenistan;
(F) work with the Government of Kazakhstan to create a
political climate free of intimidation and harassment,
including releasing political prisoners and permitting the
return of political exiles, and to reduce official
corruption, including by urging the Government of Kazakhstan
to cooperate with the ongoing United States Department of
Justice investigation;
(G) support through United States assistance programs
individuals, nongovernmental organizations, and media outlets
in Central Asia working to build more open societies, to
support the victims of human rights abuses, and to expose
official corruption; and
(H) press the Government of Uzbekistan to implement fully
the recommendations made to the Government of Uzbekistan by
the United Nations' Special Rapporteur on Torture; and
(3) increased levels of United States assistance to the
governments of the nations of Central Asia made possible by
their cooperation in the war in Afghanistan can be sustained
only if there is substantial and continuing progress toward
meeting the goals specified in paragraph (1).
SEC. 725. TECHNICAL CORRECTION TO AUTHORIZATION OF
APPROPRIATIONS FOR FISCAL YEAR 2003 FOR CENTER
FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN
EAST AND WEST.
Section 112(3) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (116 Stat. 1358; Public Law 107-228) is
amended by striking ``$15,000,000'' and inserting
``$18,000,000''.
SEC. 726. UNDER SECRETARY OF COMMERCE FOR INDUSTRY AND
SECURITY.
(a) Under Secretary.--There shall be in the Department of
Commerce an Under Secretary of Commerce for Industry and
Security who shall serve as the head of the Bureau of
Industry and Security and perform such duties as the
Secretary of Commerce shall prescribe. The Under Secretary of
Commerce for Industry and Security shall be appointed by the
President by and with the advice and consent of the Senate.
(b) Incumbent.--The individual serving on the date of the
enactment of this Act as the Under Secretary of Commerce for
Export Administration shall serve as the Under Secretary of
Commerce for Industry and Security until such time as a
successor is appointed under subsection (a).
(c) Compensation.--Section 5314 of title 5, United States
Code, is amended by striking ``Under Secretary of Commerce
for Export Administration'' and inserting ``Under Secretary
of Commerce for Industry and Security''.
(d) Conforming Amendments.--Section 15(a) of the Export
Administration Act of 1979 (50 U.S.C. App. 2414(a)) is
amended--
(1) by striking the first sentence; and
(2) in the second sentence, by striking ``in carrying out
such functions'' and inserting ``of Commerce for Industry and
Security in carrying out the functions of the Under
Secretary''.
[[Page H6754]]
SEC. 727. CONCERNING THE SPREAD OF WEAPONS OF MASS
DESTRUCTION.
(a) Findings.--The Congress makes the following findings:
(1) The proliferation of weapons of mass destruction
presents a direct threat to the stability, security, and
safety of nations around the globe.
(2) Combatting the spread of such weapons is a
responsibility borne by all nations.
(3) United States efforts to stop the further spread of
these weapons can be further enhanced by cooperative efforts
between the United States and the European Union.
(4) There are many different components in this effort that
require a comprehensive approach, immediate attention, and
vigorous action, including the ``10+10 over 10 Initiative''
agreed to by the United States and many members of the
European Union.
(5) Stopping the spread of weapons of mass destruction is
made more difficult when states willingly participate in, or
contribute to, their development or their sale or transfer to
other nations.
(6) Stopping the spread of weapons of mass destruction is
made more difficult when private companies willingly
participate in, or contribute to, their development or their
sale or transfer to other nations.
(7) United States security and safety is undermined when
companies engage in such commerce.
(b) Sense of Congress.--The Congress call on the European
Union to--
(1) develop an aggressive and robust regulatory system
designed to--
(A) investigate allegations of companies contributing to
the development of weapons of mass destruction or their sale
or transfer to other nations;
(B) isolate and comdemn companies found to participate in,
or contribute to, the development of such weapons or their
sale or transfer to other nations; and
(C) develop a punitive response designed to punish such
companies, thereby preventing further actions on their part
and discouraging other companies from engaging in such
actions;
(2) condemn, by name, states known to be contributing to
the development or spread of weapons of mass destruction; and
(3) develop appropriate punitive measures designed to
discourage further actions.
SEC. 728. INTERNATIONAL AGRICULTURAL BIOTECHNOLOGY
INFORMATION PROGRAM.
(a) In General.--The Department of State shall provide to
other countries, as appropriate, the scientific evidence on
the benefits, safety, and potential uses of agricultural
biotechnology.
(b) Specific Objectives.--The Secretary of State shall--
(1) chair an interagency task force comprised of
representatives of the Department of Commerce, the Department
of Agriculture, and the United States Agency for
International Development to develop and disseminate accurate
written scientific information on the potential benefits of
agricultural biotechnology for human and animal nutrition,
the environment, food and feed production, agricultural
sustainability, and bioenergy development;
(2) coordinate the development and dissemination of
scientifically-based facts regarding, the safety and
regulation of biotechnology-derived food and feed
products;
(3) instruct the United States Agency for International
Development (USAID) to develop a program to demonstrate the
potential benefits of agricultural biotechnology to develop
products that can be grown under local soil and climate
conditions and better meet the health and nutritional needs
of local populations in the developing world; and
(4) ensure that personnel undertaking these activities are
knowledgeable of, and disseminate information on, the United
States regulatory safeguards that assure food and
environmental safety.
SEC. 729. REFUGEE RESETTLEMENT BURDENSHARING.
It is the sense of the Congress that--
(1) the Secretary of State should actively encourage the
international community to accept refugees for resettlement
on a more equitable basis;
(2) the Secretary of State should raise the issue of
refugee resettlement burdensharing at the United Nations and
other multilateral and bilateral meetings;
(3) developed countries should be encouraged to increase
the percentage of the world's refugees accepted for
resettlement; and
(4) the Secretary of State should encourage developing
stable countries in regions with refugee flows to accept for
resettlement as many of their neighbors as possible.
SEC. 730. SENSE OF CONGRESS ON CLIMATE CHANGE.
(a) Findings.--The Congress makes the following findings:
(1) Evidence continues to build that increases in
atmospheric concentrations of manmade greenhouse gases are
contributing to global climate change.
(2) The Intergovernmental Panel on Climate Change (in this
section referred to as the ``IPCC'') has concluded that
``there is new and stronger evidence that most of the warming
observed over the last 50 years is attributable to human
activities'' and that the Earth's average temperature can be
expected to rise between 2.5 and 10.4 degrees Fahrenheit in
this century.
(3) The National Academy of Sciences confirmed the findings
of the IPCC, stating that ``the IPCC's conclusion that most
of the observed warming of the last 50 years is likely to
have been due to the increase of greenhouse gas
concentrations accurately reflects the current thinking of
the scientific community on this issue'' and that ``there is
general agreement that the observed warming is real and
particularly strong within the past twenty years''. The
National Academy of Sciences also noted that ``because there
is considerable uncertainty in current understanding of how
the climate system varies naturally and reacts to emissions
of greenhouse gases and aerosols, current estimates of the
magnitude of future warming should be regarded as tentative
and subject to future adjustments upward or downward''.
(4) The IPCC has stated that in the last 40 years, the
global average sea level has risen, ocean heat content has
increased, and snow cover and ice extent have decreased,
which threatens to inundate low-lying island nations and
coastal regions throughout the world.
(5) In October 2000, a report of the United States
interagency Global Change Research Program found that global
climate change may harm the United States by altering crop
yields, accelerating sea-level rise, and increasing the
spread of tropical infectious diseases.
(6) In 1992, the United States ratified the United Nations
Framework Convention on Climate Change (in this section
referred to as the ``UNFCCC''), the ultimate objective of
which is the ``stabilization of greenhouse gas concentrations
in the atmosphere at a level that would prevent dangerous
anthropogenic interference with the climate system. Such a
level should be achieved within a time-frame sufficient to
allow ecosystems to adapt naturally to climate change, to
ensure that food production is not threatened and to enable
economic development to proceed in a sustainable manner''.
(7) The UNFCCC stated in part that the Parties to the
UNFCCC are to implement policies ``with the aim of returning
. . . to their 1990 levels anthropogenic emissions of carbon
dioxide and other greenhouse gases'' under the principle that
``policies and measures . . . should be appropriate for the
specific conditions of each Party and should be integrated
with national development programmes, taking into account
that economic development is essential for adopting measures
to address climate change''.
(8) There is a shared international responsibility to
address this problem, as industrial nations are the largest
historic and current emitters of greenhouse gases and
developing nations' emissions will significantly increase in
the future.
(9) The UNFCCC further stated that ``developed country
Parties should take the lead in combating climate change and
the adverse effects thereof'', as these nations are the
largest historic and current emitters of greenhouse gases.
The UNFCCC also stated that ``steps required to understand
and address climate change will be environmentally, socially
and economically most effective if they are based on relevant
scientific, technical and economic considerations and
continually re-evaluated in the light of new findings in
these areas''.
(10) Any future, binding treaty on climate change must not
result in serious harm to the United States economy, and
should not cause the United States to abandon its shared
responsibility to help reduce the risks of climate change and
its impacts. Future international efforts in this regard
should focus on recognizing the equitable responsibilities
for addressing climate change by all nations, including
commitments by the largest developing country emitters in a
future, binding climate change treaty.
(11) While the United States has elected against becoming a
party to the Kyoto Protocol to the UNFCCC at this time, it is
the position of the United States that it will not interfere
with the plans of any nation that chooses to ratify and
implement the Kyoto Protocol.
(12) United States businesses need to know how governments
worldwide will address the risks of climate change. By
committing themselves to reducing their greenhouse gas
emissions, leading companies in the United States and
worldwide are doing more than addressing the problem of
climate change--they are also improving their competitive
positioning. More than 30 major corporations, most with
operations in the United States, have specifically committed
themselves to reducing their greenhouse gas emissions.
(13) The United States benefits from investments in the
research, development, and deployment of a range of clean
energy and efficiency technologies that can reduce the risks
of climate change and its impacts and that can make the
United States economy more productive, bolster energy
security, create jobs, and protect the environment.
(b) Sense of Congress.--It is the sense of the Congress
that the United States should demonstrate international
leadership and responsibility in reducing the health,
environmental, and economic risks posed by climate change
by--
(1) taking responsible action to ensure significant and
meaningful reductions in emissions of greenhouse gases from
all sectors;
(2) creating flexible international and domestic
mechanisms, including joint implementation, technology
deployment, tradable credits for emissions reductions, and
carbon sequestration projects that will reduce, avoid, and
sequester greenhouse gas emissions;
(3) participating in international negotiations, including
putting forth a proposal to the Conference of the Parties to
the UNFCCC, with the objective of securing United States
participation in a future binding treaty on climate change in
a manner that protects the economic interests of the United
States, is consistent with the environmental objectives of
the UNFCCC, and recognizes the shared international
responsibility for addressing climate change, including
developing country participation; and
(4) establishing a bipartisan observer group of Members of
the House of Representatives, designated by the chairman and
ranking member of
[[Page H6755]]
the Committee on International Relations of the House of
Representatives, to monitor any international negotiations on
climate change.
SEC. 731. SENSE OF CONGRESS REGARDING MIGRATION ISSUES
BETWEEN THE UNITED STATES AND MEXICO.
(a) Findings.--The Congress finds as follows:
(1) During President Bush's first meeting with President
Fox in Guanajuato, Mexico, the Presidents stated in the Joint
Communique of February 16, 2001 that ``we are instructing our
Governments to engage, at the earliest opportunity, in formal
high level negotiations aimed at achieving short and long-
term agreements that will allow us to constructively address
migration and labor issues between our two countries.''.
(2) During President Fox's official visit to Washington,
D.C., the Joint Statement of September 6, 2001, summarized
the meeting as follows: ``The Presidents reviewed the
progress made by our joint working group on migration chaired
by Secretaries Powell, CastaZeda, and Creel and Attorney
General Ashcroft and noted this represented the most fruitful
and frank dialogue we have ever had on a subject so important
to both nations. They praised implementation of the border
safety initiative, and recognized that migration-related
issues are deeply felt by our publics and vital to our
prosperity, well-being, and the kind of societies we want to
build. They renewed their commitment to forging new and
realistic approaches to migration to ensure it is safe,
orderly, legal and dignified, and agreed on the framework
within which this ongoing effort is based. This includes:
matching willing workers with willing employers; serving the
social and economic needs of both countries; respecting the
human dignity of all migrants, regardless of their status;
recognizing the contribution migrants make to enriching both
societies; shared responsibility for ensuring migration takes
place through safe and legal channels. Both stressed their
commitment to continue our discussions, instructing the high-
level working group to reach mutually satisfactory results on
border safety, a temporary worker program and the status of
undocumented Mexicans in the United States. They requested
that the working group provide them proposals with respect to
these issues as soon as possible. The Presidents recognized
that this is an extraordinarily challenging area of public
policy, and that it is critical to address the issue in a
timely manner and with appropriate thoroughness and depth.''.
(3) On September 7, 2001, during President Fox's historic
State Visit to Washington, the United States and Mexico
issued a joint statement instructing our cabinet-level
working group to provide us with specific proposals to forge
a new and realistic framework that will ensure a safe, legal,
orderly, and dignified migration flow between our countries.
We have today agreed that our Cabinet level migration group
should continue the work we charged it with in Guanajuato and
Washington.
(4) When the Presidents met in Monterrey, Mexico, the
Presidents stated in a Joint Statement on March 22, 2002, as
follows: ``Slightly more than one year ago, in Guanajuato, we
talked about migration as one of the major ties that join our
societies. We launched then the frankest and most productive
dialogue our countries have ever had on this important and
challenging subject. Those talks have continued over the past
year, and have yielded a clearer assessment of the scope and
nature of this issue. This bond between our nations can
render countless benefits to our respective economies and
families.
(5) Over the past year, important progress has been made to
enhance migrant safety and particularly in saving lives by
discouraging and reducing illegal crossings in dangerous
terrain.
(6) At the conclusion of the Mexico-United States
Binational Commission (BNC) meeting in Mexico City in
November 2002, Secretary of State Powell's press conference
was summarized by the State Department as follows: The BNC's
migration working group ``affirmed our strong commitment to
advancing our bilateral migration agenda,'' he stressed,
adding that ``there should be no doubt in anyone's mind that
this is a priority for President Bush, just as it is a
priority for [Mexican] President [Vicente] Fox.''
(7) Secretary Powell said no schedule had been established
for a migration accord, but he confirmed that the United
States and Mexico want to come up with a series of migration
initiatives over the course of the next six months to a year.
(8) Mexico's state-run oil monopoly, Petroleos Mexicanos
(PEMEX), is inefficient, plagued by corruption, and in need
of substantial reform and private investment in order to
provide sufficient petroleum products to Mexico and the
United States to fuel future economic growth which can help
curb illegal migration into the United States.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) that the United States and Mexico should as soon as is
practicable commence negotiations in an attempt to reach a
migration accord that is as comprehensive as possible and
which addresses the key issues of concern for both nations;
(2) that any accord on migration issues between the United
States and Mexico should also include an accord to open
Petroleos Mexicanos (PEMEX) to investment by U.S. oil
companies and specific steps to reform PEMEX's operations to
make them more transparent and efficient; and
(3) that as part of any migration agreement between the
United States and Mexico, the issues of the extradition of
violent criminals and law enforcement cooperation between the
two nations be addressed.
SEC. 732. SENSE OF CONGRESS CONCERNING UNITED STATES
ASSISTANCE TO PALESTINIAN REFUGEES.
The Congress--
(1) recognizes the importance of United States humanitarian
assistance to Palestinian refugees as an essential component
to the peace process in the Middle East;
(2) acknowledges the hardships endured by many innocent
Palestinian refugees in the West Bank and Gaza Strip and in
other neighboring countries;
(3) notes that the United Nations High Commission for
Refugees (UNHCR) is the international body that seeks to find
``lasting solutions'' to the plight of refugees throughout
the world, with the sole exception of the Palestinians, for
whose exclusive benefit a special agency, the United Nations
Relief and Works Agency (UNRWA), was established in 1950 and
which makes no effort to permanently resettle Palestinian
refugees, even those who reside under the jurisdiction of the
Palestinian Authority, in order to ensure the perpetuation of
the problem of Palestinian refugees;
(4) recognizes that the United States has been the world's
leading donor to UNRWA, having provided over $2,500,000,000
to UNRWA since 1950, including the provision of $110,000,000,
in fiscal year 2002, and that such organization has provided
important humanitarian assistance to the Palestinian people;
(5) notes that the United States contribution to UNRWA is
nearly 10 times that of the entire Arab world, and calls on
Arab states to assume a greater share of the burden for
financing UNWRA;
(6) expresses its outrage over credible reports that UNRWA
facilities have been used for terrorist training and bases
for terrorist operations, with little attempt by the UNRWA to
stop or oppose such attacks or alert relevant law enforcement
authorities about such terrorist activities;
(7) expresses deep concern over the textbooks and
educational materials used in the UNRWA educational system
that promote anti-Semitism, denial of the existence and the
right to exist of the state of Israel, and exacerbate
stereotypes and tensions between the Palestinians and
Israelis;
(8) strongly urges the Secretary General of the United
Nations to immediately take steps to comprehensively reform
the UNRWA so that it actively works to oppose terrorist
attacks and actively works to promote reconciliation and
understanding between the Israelis and Palestinians;
(9) strongly urges UNRWA to meet the requirements, in
letter and spirit, of section 301(c) of the Foreign
Assistance Act of 1961, including by comprehensively ensuring
that no UNRWA assistance is rendered to anyone who has been
involved with terrorism at any time and that all UNRWA
beneficiaries be informed at the earliest possible time, and
at regular intervals thereafter, that anyone involved with
terrorism thereafter will be ineligible for UNRWA benefits;
(10) strongly urges the Secretary of State to make UNRWA
reforms a priority at the United Nations by actively
campaigning within the United Nations to support such
reforms, including comprehensive and independently verifiable
audits of UNRWA activities and educational reform that would
remove from the curriculum all textbooks and educational
materials that promote hatred of Jews and Israel and denial
of Israel's right to exist and replace them with teaching
materials that promote Israeli-Palestinian reconciliation and
mutual understanding; and
(11) notes the General Accounting Office (GAO) audit
required by section 580 of the FY 2003 Foreign Operations
Appropriations Act (Public Law 108-7), and strongly
encourages the GAO to conduct, as part of this audit, an
investigation and inspection of all recent United States
assistance to UNRWA to ensure that taxpayer funds are being
spent effectively and are not directly or indirectly
supporting terrorism, anti-Semitic or anti-Jewish teachings,
or the glorification or incitement of violence.
SEC. 733. UNITED STATES POLICY ON WORLD BANK GROUP LOANS TO
IRAN.
(a) United States Policy.--The Secretary of State (or a
designee), in consultation with the Secretary of the
Treasury, shall communicate directly with the governments of
countries represented on the decision-making boards and
councils of the international financial institutions of the
World Bank Group and consistently convey the strong
opposition of the United States Government to any further
activity in Iran by the international financial institutions
of the World Bank Group.
(b) Reports.--Not later than 90 days after the date of the
enactment of this Act and one year thereafter, the Secretary
of State shall submit a report on the efforts of the
Secretary to carry out subsection (a) to the chairman and
ranking minority member of the Committee on International
Relations of the House of Representatives and the Committee
on Foreign Relations of the Senate.
(c) World Bank Group Defined.--As used in this section, the
term ``World Bank Group'' means the International Bank for
Reconstruction and Development, the International Development
Association, the International Financial Corporation, and the
Multilateral Investment Guaranty Agency.
SEC. 734. SENSE OF CONGRESS RELATING TO SOVIET NUCLEAR TESTS
IN KAZAKHSTAN.
(a) Findings.--Congress finds the following:
(1) In 1991, immediately after achieving independence,
Kazakhstan closed and sealed the world's second largest
nuclear test site in Semipalatinsk which had been inherited
from the former Soviet Union and at which more than 500
nuclear tests had been conducted from 1949 to 1991.
(2) The cumulative power of explosions from those tests,
conducted above ground, on the ground, and underground is
believed to be equal to the power of 20,000 explosions of the
type of bomb dropped on Hiroshima, Japan, in 1945.
[[Page H6756]]
(3) More than 1,500,000 people in Kazakhstan suffered
because of decades of Soviet nuclear weapons testing in the
region.
(4) A horrifying array of disease will continue to destroy
the lives of hundreds of thousands and their descendants for
many generations to come as a result of these tests.
(5) Since its independence, Kazakhstan has constructed a
stable and peaceful state, voluntarily disarmed the world's
fourth largest nuclear arsenal, joined the Strategic Arms
Reduction Treaty (START), and became an example of
responsible nonproliferation of such weapons.
(6) Kazakhstan is also doing its best to help those who
were exposed to the horrific nuclear experiments of the 20th
century but it faces daunting challenges.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of State should work to establish a joint
working group with the Government of Kazakhstan to assist in
assessing the environmental damage and health effects caused
by Soviet nuclear testing in Semipalatinsk.
SEC. 735. SENSE OF CONGRESS RELATING TO VIOLENCE AGAINST
WOMEN.
The Congress--
(1) recalls that Article 4 of the United Nations
Declaration on the Elimination of Violence Against Women (20
December 1993) outlines that states should condemn violence
against women and should not invoke any custom, tradition, or
religious consideration to avoid their obligations with
respect to its elimination;
(2) recalls that Chapter 4, Section 125, of the Beijing
Declaration and Platform for Action, Fourth World Conference
on Women (15 September 1995) states that governments condemn
violence against women and refrain from invoking any custom,
tradition, or religious consideration to avoid their
obligations with respect to its elimination as set out in the
Declaration on the Elimination of Violence against Women;
(3) recalls that the United States has supported both the
United Nations Declaration on the Elimination of Violence and
the Beijing Declaration and Platform for Action; and
(4) reinforces the position of the United States that the
United States condemns violence against women and refrains
from invoking any custom, tradition, or religious
consideration to avoid this nation's obligations with respect
to its elimination as set out in the Declaration on the
Elimination of Violence against Women.
DIVISION B--DEFENSE TRADE AND SECURITY ASSISTANCE REFORM ACT OF 2003
TITLE X--GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Defense Trade and
Security Assistance Reform Act of 2003''.
SEC. 1002. DEFINITIONS.
Except as otherwise provided, in this division:
(1) Defense articles.--The term ``defense articles'' has
the meaning given the term in section 47(7)(A) of the Arms
Export Control Act (as amended by section 1107(d) of this
Act).
(2) Defense services.--The term ``defense services'' has
the meaning given the term in section 47(7)(B) of the Arms
Export Control Act (as amended by section 1107(d) of this
Act).
(3) Dual use.--The term ``dual use'' means, with respect to
goods or technology, those goods or technology that are
specifically designed or developed for civil purposes but
which also may be used or deployed in a military mode.
(4) Export administration regulations.--The term ``Export
Administration Regulations'' means those regulations
contained in sections 730-774 of title 15, Code of Federal
Regulations (or successor regulations).
(5) Good.--The term ``good'' has the meaning given the term
in section 16(3) of the Export Administration Act of 1979 (50
U.S.C. App. 2415(3)).
(6) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means those
regulations contained in sections 120-130 of title 22, Code
of Federal Regulations (or successor regulations).
(7) Missile technology control regime; mtcr.--The term
``Missile Technology Control Regime'' or ``MTCR'' has the
meaning given the term in section 11B(c)(2) of the Export
Administration Act of 1979 (50 U.S.C. App. 2401b(c)(2)).
(8) Missile technology control regime annex; mtcr annex.--
The term ``Missile Technology Control Regime Annex'' or
``MTCR Annex'' has the meaning given the term in section
11B(c)(4) of the Export Administration Act of 1979 (50 U.S.C.
App. 2401b(c)(4)).
(9) Operation iraqi freedom.--The term ``Operation Iraqi
Freedom'' means operations of United States Armed Forces, the
armed forces of the United Kingdom, and the armed forces of
other coalition member countries initiated on or about March
19, 2003--
(A) to disarm Iraq of its weapons of mass destruction;
(B) to enforce United Nations Security Council Resolution
1441 (November 8, 2002) and other relevant Security Council
resolutions with respect to Iraq; and
(C) to liberate the people of Iraq from the regime of
Saddam Hussein.
(10) Technology.--The term ``technology'' has the meaning
given the term in section 16(4) of the Export Administration
Act of 1979 (50 U.S.C. App. 2415(4)).
SEC. 1003. REFERENCES TO ARMS EXPORT CONTROL ACT.
Except as otherwise specifically provided, whenever in this
division an amendment is expressed in terms of an amendment
to a section or other provision, the reference shall be
considered to be made to that section or other provision of
the Arms Export Control Act (22 U.S.C. 2751 et seq.).
TITLE XI--TERRORIST-RELATED PROHIBITIONS AND ENFORCEMENT MEASURES
SEC. 1101. ELIGIBILITY PROVISIONS.
(a) Ineligibility for Terrorist Related Transactions.--
Section 3(c)(1) (22 U.S.C. 2753(c)(1)) is amended--
(1) in each of subparagraphs (A) and (B), by striking ``or
any predecessor Act,'' and inserting ``, any predecessor Act,
or licensed or approved under section 38 of this Act, to
carry out a transaction with a country, the government of
which the Secretary of State has determined is a state
sponsor of international terrorism for purposes of section
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)(1)), or otherwise uses such defense articles or
defense services''; and
(2) by adding at the end the following:
``(C) In this section, the term `transaction' means the
taking of any action, directly or indirectly, by a foreign
country that would be a transaction prohibited by section 40
of this Act with respect to the United States Government and
United States persons.''.
(b) Reporting Requirement.--Section 3(e) (22 U.S.C.
2753(e)) is amended by inserting after ``the Foreign
Assistance Act of 1961,'' the following: ``regardless of
whether the article or service has been sold or otherwise
furnished by the United States Government or licensed under
section 38 of this Act,''.
SEC. 1102. WEAPONS TRANSFERS TO FOREIGN PERSONS IN THE UNITED
STATES.
Section 38(a)(1) (22 U.S.C. 2778(a)(1)) is amended in the
first sentence by inserting after ``import and the export of
defense articles and defense services'' the following: ``, or
the transfer of such articles, other than firearms (or
ammunition, components, parts, accessories, or attachments
for firearms), and services within the United States to
foreign persons,''.
SEC. 1103. COORDINATION OF LICENSE EXEMPTIONS WITH UNITED
STATES LAW ENFORCEMENT AGENCIES.
(a) Sense of Congress.--In view of the historic
difficulties in the enforcement of the Arms Export Control
Act (22 U.S.C. 2751 et seq.) associated with violations
involving exports of defense articles and defense services
that have been exempted by regulation from the licensing
requirements of section 38 of such Act, it is the sense of
Congress that the establishment of new exemptions by
regulation should only be undertaken after careful
coordination with the appropriate United States law
enforcement agencies.
(b) Amendment.--Section 38(b)(2) (22 U.S.C. 2778(b)(2)) is
amended by adding at the end the following new sentences:
``In promulgating regulations under subsection (a)(1) in
accordance with the preceding sentence, any provision in such
regulations that permits the export of defense articles or
defense services without a license shall include a
determination by the Attorney General, in consultation with
the Secretary of Homeland Security and the Director of the
Federal Bureau of Investigation, that the compilation and
maintenance of sufficient documentation relating to the
export without a license of the articles or services is
ensured, notwithstanding the absence of a license, to
facilitate law enforcement efforts to detect, prevent, and
prosecute criminal violations of any provision of this
section, section 39, or section 40 of this Act, including the
efforts on the part of countries and factions engaged in
international terrorism to illicitly acquire defense articles
and defense services. No defense article or defense service
designated by the President under subsection (a)(1) may be
exported without a license pursuant to a regulation under
subsection (a)(1) that is promulgated on or after January 1,
2003, until 30 days after the date on which the President
provides notice of the proposed regulation to the Committee
on International Relations of the House of Representatives
and to the Committee on Foreign Relations of the Senate in
accordance with the procedures applicable to reprogramming
notifications under section 634A(a) of the Foreign Assistance
Act of 1961, including a description of the criteria that
would be used to permit the export of the article or service
and any measures to facilitate law enforcement efforts
associated with the Attorney General's determination required
by the preceding sentence.''.
SEC. 1104. MECHANISMS TO IDENTIFY PERSONS IN VIOLATION OF
CERTAIN PROVISIONS OF LAW.
Section 38(g)(1)(A) (22 U.S.C. 2778(g)(1)(A)) is amended--
(1) in clause (iii)--
(A) by striking ``or section 2339A'' and inserting ``,
section 2339A''; and
(B) by inserting at the end before the comma the following:
``, or section 2339C of such title (relating to financing
terrorism)'';
(2) in clause (x), by striking ``or'' at the end;
(3) in clause (xi), by striking the semicolon at the end
and inserting a comma; and
(4) by adding at the end the following:
``(xii) subclause (I) or (II) of section 1956(c)(7)(B)(v)
of title 18, United States Code;
``(xiii) section 329 of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001;
``(xiv) section 5332 of title 31, United States Code;
``(xv) section 1960 of title 18, United States Code;
``(xvi) section 175(b), 175b, 1993, 2339 of title 18,
United States Code;
``(xvii) section 2332a, 2332b, or 2332f of title 18, United
States Code; or
``(xviii) section 175 of title 18, United States Code;''.
SEC. 1105. COMPREHENSIVE NATURE OF UNITED STATES ARMS
EMBARGOES.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds that--
(A) governments to which the United States Government
prohibits by law or policy the
[[Page H6757]]
transfer of implements of war, including material,
components, parts, and other defense articles and defense
services (as defined in paragraphs (3) and (4) of section 47
of the Arms Export Control Act, respectively) continue to
seek to evade these embargoes through increasingly
sophisticated illegal acquisitions via the ``international
gray arms market'' and by seeking to exploit weaknesses in
the export control system of the United States and its
friends and allies; and
(B) the strict and comprehensive application of arms
embargoes referred to in subparagraph (A) including those
embargoes established by the United Nations Security Council
is of fundamental importance to the security and foreign
policy interests of the United States.
(2) Sense of congress.--It is the sense of Congress that
the United States Government should continue to provide a
leadership role internationally in ensuring the effectiveness
of arms embargoes referred to in paragraph (1).
(b) Scope of Embargoes.--Section 38 (22 U.S.C. 2778) is
amended by adding at the end the following:
``(k) Whenever the United States maintains an arms embargo
pursuant to United States law, or through public notice by
the President or Secretary of State pursuant to the
authorities of this Act, no defense article or defense
service subject to sections 120-130 of title 22, Code of
Federal Regulations (commonly known as the `International
Traffic in Arms Regulations') and no dual use good or
technology subject to sections 730-774 of title 15, Code of
Federal Regulations (commonly known as the `Export
Administration Regulations') shall be sold or transferred to
the military, police, or intelligence services of the
embargoed government, including any associated governmental
agency, subdivision, entity, or other person acting on their
behalf, unless, at a minimum and without prejudice to any
additional requirements established in United States law or
regulation, the Secretary of State and the Secretary of
Defense have concurred in the sale or transfer through
issuance of a license.''.
(c) Establishment of Controls.--The Secretary shall consult
with the Secretary of Commerce to ensure the establishment of
appropriate foreign policy and national security controls and
license requirements under the Export Administration
Regulations in order to ensure the effective implementation
of section 38(k) of the Arms Export Control Act, as added by
subsection (b).
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report that describes
the actions taken to implement the requirements of subsection
(c).
SEC. 1106. TRANSACTIONS WITH COUNTRIES SUPPORTING ACTS OF
INTERNATIONAL TERRORISM.
Section 40(l)(1) (22 U.S.C. 2780(l)(1)) is amended by
striking ``any item enumerated on the United States Munitions
List'' and inserting ``a defense article or defense service
(as defined in subparagraph (A) or (B) of section 47(7),
respectively), an item enumerated on the United States
Munitions List (as designated by the President pursuant to
section 38(a)), or any other activity for which a license or
other approval is required pursuant to the regulations
promulgated under subsection (a)(1)''.
SEC. 1107. AMENDMENTS TO CONTROL OF ARMS EXPORTS AND IMPORTS.
(a) Revision of Standard for Violation; Amount of
Penalties.--Section 38(c) (22 U.S.C. 2778(c)) is amended--
(1) by striking ``willfully'' each place it appears and
inserting ``knowingly'';
(2) by striking ``this section or section 39'' and
inserting ``this section, section 39, or section 40''; and
(3) by striking ``$1,000,000'' and inserting ``$1,000,000
(in the case of a violation of this section or section 39),
$2,000,000 (in the case of a violation involving any country
covered by section 40), and $1,500,000 (in the case of a
violation involving any country other than a country covered
by section 40 that is subject by United States law or policy
to an arms embargo)''.
(b) Civil Penalties.--Section 38(e) (22 U.S.C. 2778(e)) is
amended in the third sentence by striking ``under this
section may not exceed $500,000'' and inserting ``or any
other activities subject to control under this section,
section 39, or section 40, may not exceed $500,000 for each
violation of section 38 or section 39, $1,000,000 for each
violation involving any country covered by section 40, and
$750,000 for each violation relating to an arms embargo
(other than a violation covered by section 40)''.
(c) Revision of Standard for Violation; Criminal Penalty;
Civil Penalties; Enforcement.--Section 40 (22 U.S.C. 2780) is
amended--
(1) in subsection (j)--
(A) by striking ``willfully'' and inserting ``knowingly'';
and
(B) by striking ``$1,000,000'' and inserting
``$2,000,000''; and
(2) in subsection (k), by striking ``$500,000'' and
inserting ``$1,000,000''.
(d) Definitions.--Section 47(7) (22 U.S.C. 2794(7)) is
amended to read as follows:
``(7)(A) `defense articles', with respect to exports
subject to sections 38, 39, and 40 of this Act, has the
meaning given such term in sections 120-130 of title 22, Code
of Federal Regulations (commonly known as the `International
Traffic in Arms Regulations'), as such regulations were in
effect on January 1, 2003, and includes such additional
articles as may be designated by the President under section
38(a)(1); and
``(B) `defense services', with respect to exports subject
to sections 38, 39, and 40 of this Act, has the meaning given
such term in sections 120-130 of title 22, Code of Federal
Regulations (commonly known as the `International Traffic in
Arms Regulations'), as such regulations were in effect on
January 1, 2003, and includes--
``(i) the provision of assistance (including aiding,
abetting, or training) to foreign persons; and
``(ii) such other activities as may be designated by the
President pursuant to section 38(a)(1).''.
SEC. 1108. HIGH RISK EXPORTS AND END USE VERIFICATION.
Section 38(g)(7) (22 U.S.C. 2778) is amended by adding at
the end the following new sentence: ``Such standards shall be
coordinated biennially with the Secretary of Homeland
Security, the Attorney General, the Director of the Federal
Bureau of Investigation, the Director of Central
Intelligence, and the heads of other Federal departments or
agencies, as appropriate.''.
SEC. 1109. CONCURRENT JURISDICTION OF THE FEDERAL BUREAU OF
INVESTIGATION.
(a) Sense of Congress.--It is the sense of Congress that,
in view of the responsibilities of the Federal Bureau of
Investigation for protecting the United States against
terrorist attack, foreign intelligence operations, high
technology crimes, and transnational criminal organizations
and enterprises, the Federal Bureau of Investigation should
be provided authority to investigate and enforce violations
of the Arms Export Control Act without adversely
affecting the existing authority of the Bureau of Customs
and Border Protection of the Department of Homeland
Security.
(b) Copy of Registration.--Section 38(b)(1) (22 U.S.C.
2778(b)) is amended--
(1) by redesignating the second subparagraph (B) as
subparagraph (C); and
(2) in subparagraph (B)--
(A) in the first sentence, by inserting ``and the Director
of the Federal Bureau of Investigation'' after ``Secretary of
Treasury''; and
(B) in the second sentence, by inserting ``and the
Director'' after ``The Secretary''.
(c) Jurisdiction of FBI and Bureau of Customs.--Section
38(e) (22 U.S.C. 2778(e)) is amended in the first sentence by
adding at the end before the period the following: ``, and
except further, that the Federal Bureau of Investigation and
the Bureau of Customs and Border Protection of the Department
of Homeland Security shall have concurrent jurisdiction for
criminal violations and enforcement of this Act''.
(d) Mechanisms To Identify Persons in Violation of Certain
Provisions of Law.--Section 38(g) (22 U.S.C. 2778(g)) is
amended in the second sentence of paragraph (3), in paragraph
(4), and in paragraph (8) by inserting ``and the Director of
the Federal Bureau of Investigation'' after ``Secretary of
Treasury''.
SEC. 1110. REPORT ON FOREIGN-SUPPLIED DEFENSE ARTICLES,
DEFENSE SERVICES, AND DUAL USE GOODS AND
TECHNOLOGY DISCOVERED IN IRAQ.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and on annual basis thereafter as
appropriate, the President shall prepare and transmit to the
congressional committees specified in paragraph (2) a written
report on foreign-supplied defense articles, defense
services, and dual use goods and technology supplied to Iraq
since the adoption of United Nations Security Council
Resolution 687 (April 3, 1991) and discovered in Iraq since
the inception of Operation Iraqi Freedom or identified as
having been in Iraq at any time since April 3, 1991, and not
destroyed or otherwise accounted for by the United Nations
Special Commission (UNSCOM) or the United Nations Monitoring,
Verification and Inspection Commission (UNMOVIC).
(2) Congressional committees specified.--The congressional
committees referred to in paragraph (1) are--
(A) the Committee on International Relations and the
Committee on Armed Services of the House of Representatives;
and
(B) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
(b) Contents.--The report required by subsection (a) shall
include information on defense articles, defense services,
and dual use goods and technology discovered in accordance
with such subsection, including a description of such
articles, services, and goods and technology by category or
type, quantity, country of origin (if known), manufacturer
(if known), date of acquisition (if known), and, in the case
of dual use goods and technology, the use or intended use or
deployment (if known) and whether the goods or technology are
covered by any arms control agreement or nonproliferation
arrangement to which the United States is a party.
(c) Form.--The report required by subsection (a) shall be
transmitted in unclassified form to the maximum extent
practicable, but may contain a classified annex if necessary.
TITLE XII--STRENGTHENING MUNITIONS EXPORT CONTROLS
SEC. 1201. CONTROL OF ITEMS ON MISSILE TECHNOLOGY CONTROL
REGIME ANNEX.
(a) Sense of Congress.--It is the sense of Congress that
all proposals to export or transfer to foreign persons by
other means, whether in the United States or abroad, and any
other activities subject to regulation under section 38, 39,
or 40 of the Arms Export Control Act, relating to items on
the Missile Technology Control Regime Annex, should be
accorded stringent control and scrutiny consistent with the
purposes of section 71 of the Arms Export Control Act (22
U.S.C. 2797).
(b) Control of Items on MTCR Annex.--The Secretary, in
coordination with the Secretary of Commerce, the Attorney
General, and the Secretary of Defense, shall ensure that all
items on the MTCR Annex are subject to stringent control by
the United States Government pursuant to the International
Traffic in Arms Regulations and the Export Administration
Regulations.
[[Page H6758]]
(c) Certification.--Not later than March 1 of each year,
the Secretary, in coordination with the Secretary of
Commerce, the Attorney General and the Secretary of Defense,
shall prepare and submit to the appropriate congressional
committees a report that contains--
(1) a certification that the requirement of subsection (b)
has been met for the prior year, or if the requirement has
not been met, the reasons therefor; and
(2) a description of the updated coverage, if any, of the
regulations referred to in subsection (b) with respect to all
items on the MTCR Annex and an explanation of any areas of
overlap or omissions, if any, among the regulations.
SEC. 1202. CERTIFICATIONS RELATING TO EXPORT OF CERTAIN
DEFENSE ARTICLES AND SERVICES.
Section 36(c) (22 U.S.C. 2776(c)) is amended--
(1) in the first sentence of paragraph (1), by inserting
after ``$1,000,000 or more'' the following: ``, or,
notwithstanding section 27(g) of this Act, for any special
comprehensive authorization under sections 120-130 of title
22, Code of Federal Regulations (commonly known as the
`International Traffic in Arms Regulations') for the export
of defense articles or defense services in an aggregate
amount of $100,000,000 or more'';
(2) in paragraph (2)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph (B);
and
(3) in the matter preceding subparagraph (A) of paragraph
(5), by inserting ``or paragraph (2)'' after ``paragraph
(1)''.
SEC. 1203. NOTIFICATION REQUIREMENTS FOR TECHNICAL ASSISTANCE
AND MANUFACTURING LICENSING AGREEMENTS WITH
NATO MEMBER COUNTRIES, AUSTRALIA, NEW ZEALAND,
AND JAPAN.
Section 36(d) (22 U.S.C. 2776(d)) is amended by adding at
the end the following:
``(6) In the case of a commercial technical assistance or
manufacturing license agreement with a member country of the
North Atlantic Treaty Organization (NATO) or Australia,
Japan, or New Zealand that does not authorize a new sales
territory that includes any country other than such
countries, the requirements contained in paragraphs (2) and
(4) shall apply only if--
``(A) the agreement involves--
``(i) major defense equipment in the amount of $7,000,000
or more; or
``(ii) significant military equipment in the amount of
$25,000,000 or more; and
``(B) the amount referred to in clause (i) or (ii) of
subparagraph (A), as the case may be, includes the estimated
value of all defense articles and defense services to be
manufactured or transferred throughout the duration of the
approval period.''.
SEC. 1204. STRENGTHENING DEFENSE COOPERATION WITH AUSTRALIA
AND THE UNITED KINGDOM.
(a) Sense of Congress.--It is the sense of Congress that
the expeditious consideration of munitions license
applications that meet the policy and eligibility criteria
established in section 38 of the Arms Export Control Act (22
U.S.C. 2778) for export or transfer of defense items (as such
term is defined in subsection (j)(4)(A) of such section) to
Australia and the United Kingdom is fully consistent with
United States security and foreign policy interests and the
objectives of world peace and security.
(b) Establishment of Fast Track Munitions Licensing for
Australia and the United Kingdom.--Section 38(f) (22 U.S.C.
2778(f)) is amended by adding at the end the following:
``(4) In the absence of a binding bilateral agreement with
the Government of Australia or the Government of the United
Kingdom (as the case may be) that meets the requirements of
paragraph (2) and subsection (j), the Secretary of State
shall ensure that any application submitted under this
section for the export of defense items to Australia or the
United Kingdom (as the case may be) that meets all other
requirements of this section (including requirements relating
to eligibility of parties to the transaction, the absence of
risk of diversion to unauthorized end use and end users, and
preservation of United States intelligence and law
enforcement interests), and which are also transactions
involving defense items that would be exempt pursuant to
sections 120-130 of title 22, Code of Federal Regulations
(commonly known as the `International Traffic in Arms
Regulations') from export licensing or other written
approvals if such items were items to be exported to Canada,
are processed by the Department of State not later than ten
days after the date of receipt of the application without
referral to any other Federal department or agency, except on
an extraordinary basis upon receipt of a written request from
the Attorney General, the Secretary of Homeland Security, the
Director of Central Intelligence, or the Secretary of
Defense.''.
SEC. 1205. TRAINING AND LIAISON FOR SMALL BUSINESSES.
(a) Sense of Congress.--It is the sense of Congress that it
is increasingly important that the Secretary, in
administering the licensing, registration, compliance, and
other authorities contained in section 38 of the Arms Export
Control Act (22 U.S.C. 2778), should provide up-to-date
training and other educational assistance to small businesses
in the United States aerospace and defense industrial sector.
(b) Small Business Liaison.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
designate, within the Office of Defense Trade Controls of the
Department of State, a coordinator for small business
affairs. The coordinator shall serve as a liaison for small
businesses in the United States aerospace and defense
industrial sector with respect to licensing and registration
requirements in order to facilitate the compliance and other
forms of participation by such small businesses in the United
States munitions control system, including by providing
training, technical assistance, and through other efforts as
may be appropriate.
SEC. 1206. STUDY AND REPORT RELATING TO CO-LOCATING MUNITIONS
CONTROL FUNCTIONS OF THE DEPARTMENTS OF STATE,
DEFENSE, AND HOMELAND SECURITY.
(a) Sense of Congress.--It is the sense of Congress that
the administrative, licensing, and compliance-related
functions associated with the export of defense articles and
defense services under section 38 of the Arms Export Control
Act (22 U.S.C. 2778), which are generally administered by the
Department of State in conjunction with the Department of
Homeland Security and the Department of Defense, should be
expedited consistent with United States security, law
enforcement, and foreign policy requirements by a
reduction in the those matters necessitating inter-agency
referral outside of the Department of State, or by co-
locating related functions of the Department of Homeland
Security and the Department of Defense with those
functions of the Department of State in order to minimize
the time and administrative tasks to government and
industry involved in inter-agency referrals, while also
providing a convenient, central location for United States
defense companies, especially small businesses.
(b) Study and Report.--
(1) Study.--The Secretary, in consultation with the
Secretary of Homeland Security and the Secretary of Defense,
and through the Federal advisory committee structure with the
public, shall conduct a study to examine the relative
advantages and disadvantages to the United States Government,
the United States defense industry, including United States
small businesses, and to other public constituencies of co-
locating relevant functions and personnel of the Department
of State, the Department of Homeland Security, and the
Department of Defense with the Office of Defense Trade
Controls of the Department of State at a central location
convenient to the public and United States defense industry,
without prejudice to the responsibilities and prerogatives of
the Secretary, the Secretary of Homeland Security, and the
Secretary of Defense under existing law.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall prepare and submit
to the appropriate congressional committees a report that
contains the results of study conducted under paragraph (1).
TITLE XIII--SECURITY ASSISTANCE AND RELATED PROVISIONS
Subtitle A--Foreign Military Sales and Financing Authorities
SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the President
for grant assistance under section 23 of the Arms Export
Control Act (22 U.S.C. 2763) and for the subsidy cost, as
defined in section 502(5) of the Federal Credit Reform Act of
1990, of direct loans under such section $4,414,000,000 for
fiscal year 2004.
SEC. 1302. PROVISION OF CATALOGING DATA AND SERVICES.
Section 21(h)(2) (22 U.S.C. 2761(h)(2)) is amended by
striking ``or to any member government of that Organization
if that Organization or member government'' and inserting ``,
to any member of that Organization, or to the Governments of
Australia, New Zealand, or Japan if that Organization, member
government, or the Governments of Australia, New Zealand, or
Japan''.
SEC. 1303. ANNUAL ESTIMATE AND JUSTIFICATION FOR SALES
PROGRAM.
Section 25(a)(1) (22 U.S.C. 2765(a)(1)) is amended by
inserting after ``$7,000,000 or more'' the following ``(or,
in the case of a member country of the North Atlantic Treaty
Organization (NATO), Australia, New Zealand, or Japan,
$25,000,000 or more)''.
SEC. 1304. ADJUSTMENT TO ADVANCE NOTIFICATION REQUIREMENT FOR
TRANSFER OF CERTAIN EXCESS DEFENSE ARTICLES.
Section 516(f)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321i) is amended by striking ``significant military
equipment (as defined in section 47(9) of the Arms Export
Control Act)'' and inserting ``major defense equipment (as
defined in section 47(6) of the Arms Export Control Act)''.
Subtitle B--International Military Education and Training
SEC. 1311. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the President
$91,700,000 for fiscal year 2004 to carry out chapter 5 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347
et seq.).
SEC. 1312. ANNUAL FOREIGN MILITARY TRAINING REPORTING.
Section 656(a)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2416(a)(1)) is amended--
(1) by striking ``January 31'' and inserting ``March 1'';
and
(2) by striking ``and all such training proposed for the
current fiscal year''.
Subtitle C--Assistance for Select Countries
SEC. 1321. ASSISTANCE FOR ISRAEL.
Section 513 of the Security Assistance Act of 2000 (Public
Law 106-280) is amended--
(1) in subsection (b)(1), by striking ``2002 and 2003'' and
inserting ``2003 through 2005'';
(2) in subsection (c)(1), by striking ``2002 and 2003'' and
inserting ``2003 through 2005'';
(3) in subsection (c)(3)--
(A) by striking ``fiscal years 2002 and 2003'' and
inserting ``fiscal years 2004 and 2005'';
(B) by striking ``fiscal year 2002'' and inserting ``fiscal
year 2004''; and
[[Page H6759]]
(C) by striking ``fiscal year 2003, or'' and inserting
``fiscal year 2005, or''; and
(4) in subsection (c)(4)--
(A) by striking ``2002 and 2003'' and inserting ``2003
through 2005''; and
(B) by striking ``$535,000,000 for fiscal year 2002'' and
all that follows through ``fiscal year 2003'' and inserting
``$550,000,000 for fiscal year 2003, not less than
$565,000,000 for fiscal year 2004, and not less than
$580,000,000 for fiscal year 2005''.
SEC. 1322. ASSISTANCE FOR EGYPT.
Section 514 of the Security Assistance Act of 2000 (Public
Law 106-280) is amended--
(1) by striking ``2002 and 2003'' each place it appears and
inserting ``2003 through 2005''; and
(2) in subsection (e)--
(A) by striking ``fiscal years 2002 and 2003'' and
inserting ``fiscal years 2004 and 2005'';
(B) by striking ``fiscal year 2002'' and inserting ``fiscal
year 2004''; and
(C) by striking ``fiscal year 2003, or'' and inserting
``fiscal year 2005, or''.
Subtitle D--Miscellaneous Provisions
SEC. 1331. UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES.
Section 514(b)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321h(b)(2)) is amended--
(1) in subparagraph (A), by striking ``for fiscal year
2003'' and inserting ``for each of fiscal years 2003 and
2004''; and
(2) in subparagraph (B), by striking ``for fiscal year
2003'' and inserting ``for each of fiscal years 2003 and
2004''.
SEC. 1332. TRANSFER TO ISRAEL OF CERTAIN DEFENSE ARTICLES IN
THE UNITED STATES WAR RESERVE STOCKPILES FOR
ALLIES.
(a) Authorization.--Notwithstanding section 514 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the
President is authorized to transfer to Israel, in return for
concessions to be negotiated by the Secretary of Defense,
with the concurrence of the Secretary, defense articles,
including armor, artillery, ammunition for automatic weapons,
missiles, and other munitions that are--
(1) obsolete or surplus items;
(2) in the inventory of the Department of Defense;
(3) intended for use as reserve stocks in Israel; and
(4) are located in a stockpile in Israel as of the date of
enactment of this Act.
(b) Concessions.--The value of concessions negotiated
pursuant to subsection (a) shall be at least equal to the
fair market value of the items transferred. The concessions
may include cash compensation, services, waiver of charges
otherwise payable by the United States, and other items of
value.
(c) Advance Notification of Transfer.--
(1) In general.--Not less than 30 days before making a
transfer under the authority of this section, the President
shall transmit a notification describing the items to be
transferred to Israel and the concessions to be received by
the United States to the congressional committees specified
in paragraph (2).
(2) Congressional committees specified.--The congressional
committees referred to in paragraph (1) are--
(A) the Committee on International Relations and the
Committee on Armed Services of the House of Representatives;
and
(B) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
(d) Expiration of Authority.--No transfer may be made under
the authority of this section following the expiration of the
five-year period beginning on the date of enactment of this
Act.
SEC. 1333. EXPANSION OF AUTHORITIES FOR LOAN OF MATERIAL,
SUPPLIES, AND EQUIPMENT FOR RESEARCH AND
DEVELOPMENT PURPOSES.
Section 65 (22 U.S.C. 2796d) is amended--
(1) in subsection (a)(1), by inserting ``or a friendly
foreign country'' after ``ally'' each place such term
appears; and
(2) in subsection (d) to read as follows:
``(d) For purposes of this section--
``(1) the term `NATO ally' means a member country of the
North Atlantic Treaty Organization (other than the United
States); and
``(2) the term `friendly foreign country' means any non-
NATO member country determined by the President to be
eligible for a cooperative project agreement with the United
States pursuant to section 27(j) of this Act.''.
SEC. 1334. ASSISTANCE FOR DEMINING AND RELATED ACTIVITIES.
(a) Assistance.--The Secretary is authorized to provide
grants to, or enter into contracts or cooperative agreements
with, public-private partnerships for the purpose of
establishing and carrying out demining, clearance of
unexploded ordnance, and related activities in foreign
countries.
(b) Limitation.--Except as otherwise provided, the total
amount provided on a grant basis to public-private
partnerships under subsection (a) for a fiscal year may not
exceed $450,000.
(c) Funding.--Amounts made available to carry out
``Nonproliferation, Anti-Terrorism, Demining, and Related
Programs'' for fiscal year 2004 are authorized to be made
available to carry out this section.
SEC. 1335. REPORTS RELATING TO TREATY BETWEEN THE UNITED
STATES AND THE RUSSIAN FEDERATION ON STRATEGIC
OFFENSIVE REDUCTIONS.
The President shall submit to the Committee on
International Relations of the House of Representatives all
reports submitted to the Committee on Foreign Relations
pursuant to section 2 of the Senate Resolution of
Ratification to Accompany Treaty Document 107-8, Treaty
Between the United States of America and the Russian
Federation on Strategic Offensive Reductions.
SEC. 1336. STATEMENT OF HOUSE OF REPRESENTATIVES REGARDING
THE TREATY BETWEEN THE UNITED STATES AND THE
RUSSIAN FEDERATION ON STRATEGIC OFFENSIVE
REDUCTIONS.
The House of Representatives--
(1) concurs with the declarations of the Senate in section
3 of the Resolution of Ratification to Accompany Treaty
Document 107-8, Treaty Between the United States of America
and the Russian Federation on Strategic Offensive Reductions;
(2) encourages the President to continue strategic
offensive reductions to the lowest possible levels consistent
with national security requirements and alliance obligations
of the United States;
(3) urges the President to engage the Russian Federation
with the objectives of establishing cooperative measures to
give each party to the Treaty Between the United States
of America and the Russian Federation on Strategic
Offensive Reductions improved confidence regarding the
accurate accounting and security of nonstrategic nuclear
weapons maintained by the other party; and
(4) encourages the President to accelerate United States
strategic force reductions, to the extent feasible and
consistent with the treaty, in order that the reductions
required by Article I of the Treaty Between the United States
of America and the Russian Federation on Strategic Offensive
Reductions may be achieved prior to December 31, 2012.
SEC. 1337. NONPROLIFERATION AND DISARMAMENT FUND.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President to carry out section 504 of the Freedom for
Russia and Emerging Eurasian Democracies and Open Markets
Support Act of 1992 (22 U.S.C. 5854; relating to the
``Nonproliferation and Disarmament Fund'') $60,000,000 for
each of the fiscal years 2004 and 2005.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
(b) Nonproliferation of Highly Enriched Uranium.--
(1) Findings.--Congress finds the following:
(A) Highly enriched uranium is the most likely source
material for terrorist or other outlaw organizations that
seek to acquire a nuclear weapon.
(B) Such organizations are not likely to produce this
source material on their own, but will instead look to divert
highly enriched uranium from some of the many vulnerable
stockpiles in numerous facilities around the world.
(C) There is a need for a coordinated United States
Government initiative to secure and dispose of highly
enriched uranium stockpiles in these vulnerable facilities
around the world.
(D) The Nonproliferation and Disarmament Fund (NDF) is a
unique and flexible entity that is well-suited to carry out
the initiative described in subparagraph (C), in cooperation
with other Federal departments and agencies, including the
Department of Energy.
(2) Initiative.--The Secretary of State is authorized to
establish and carry out an initiative to secure and dispose
of highly enriched uranium stockpiles in foreign countries,
including the provision of such assistance as may be required
to secure host country cooperation under the initiative.
(3) Authorization of appropriations.--Of the amounts made
available to carry out section 504 of the Freedom for Russia
and Emerging Eurasian Democracies and Open Markets Support
Act of 1992 (22 U.S.C. 5854) for fiscal years 2004 and 2005,
there are authorized to be appropriated to the Secretary to
carry out paragraph (2) $25,000,000 for each such fiscal
year.
SEC. 1338. MARITIME INTERDICTION PATROL BOATS FOR MOZAMBIQUE.
(a) In General.--Of the amounts made available to carry out
section 23 of the Arms Export Control Act for fiscal year
2004, there is authorized to be appropriated $1,000,000 for
refurbishment, delivery, operational training, and related
costs associated with the provision of not more than four
excess coastal patrol boats to the Government of Mozambique
for maritime patrol and interdiction activities.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are
authorized to remain available until September 30, 2006.
SEC. 1339. REPORT ON MISSILE DEFENSE COOPERATION.
Not later than December 31, 2003, and December 31, 2004,
the Secretary of State shall submit to the appropriate
congressional committees a report on cooperative efforts that
have been undertaken by the United States with foreign
governments to foster the development and deployment of
defenses against missile attack. Such report shall include a
detailed description of such efforts on a country-by-country
basis, and may be submitted in classified and unclassified
form, as appropriate.
SEC. 1340. IRAN'S PROGRAM TO DEVELOP A NUCLEAR EXPLOSIVE
DEVICE.
(a) Findings.--Congress finds the following:
(1) Iran, as a party to the Treaty on the Non-Proliferation
of Nuclear Weapons, has legally forsworn developing or
acquiring nuclear weapons.
(2) Iran has for more than a decade pursued a program aimed
at the development of a nuclear explosive device.
(3) Director of Central Intelligence George Tenet has
repeatedly warned of Iran's clandestine efforts to acquire
weapons of mass destruction, stating as recently as February
11, 2003, in testimony before Congress that ``Iran is
continuing to pursue development of a nuclear fuel cycle for
civilian and nuclear weapons purposes . . . [and further
that] Tehran may be able to
[[Page H6760]]
indigenously produce enough fissile material for a nuclear
weapon'' within this decade.
(4) On March 17, 2003, Dr. el Baradei, Director General of
the International Atomic Energy Agency (IAEA), called on Iran
to agree to a more intrusive monitoring regime at its nuclear
sites and demanded that Iran, which is a signatory to the
Nuclear Non-Proliferation Treaty, agree to an ``additional
protocol'' under the IAEA's nuclear inspection rights, which
would enable more intrusive monitoring.
(5) In early 2003 Iran announced plans to mine its own
natural uranium and admitted constructing two nuclear
facilities, one a gas centrifuge uranium enrichment facility
and the other a heavy water production plant.
(6) A uranium enrichment facility would give Iran the
capability to indigenously produce nuclear-weapons grade
uranium. Further, heavy water is used in reactors that not
only produce weapons-grade plutonium, but also tritium, a key
ingredient in boosted-fission weapons.
(7) At the same time, Iran has been developing long-range
missiles that could deliver nuclear explosive devices.
Director of Central Intelligence Tenet has warned that Iran
could flight test an intercontinental ballistic missile later
this decade.
(8) Iran has received considerable assistance in its
nuclear program and in its missile development program from
the Russian Federation, the People's Republic of China, and
North Korea.
(9) Congress has long been seized with finding ways to
deter or delay Iran's acquisition or development of such
deadly weapons, including through the enactment of the Iran-
Iraq Arms Non-Proliferation Act of 1992, the Iran Libya
Sanctions Act of 1996, the Iran Non-Proliferation Act of
2000, and the Iran Nuclear Proliferation Prevention Act of
2002.
(10) Successive Administrations have similarly sought to
deter or delay Iran's acquisition or development of such
weapons by such measures as elevating Iran's proliferation
behavior in bilateral relations with the Russian Federation
and the People's Republic of China, sanctioning entities of
the Russian Federation providing technology or expertise to
Iran's nuclear and missile programs, and urging multilateral
export control regimes to deny sensitive technology to
proliferators like Iran.
(11) President Bush included Iran as one of the countries
that comprise the ``axis of evil'' in his January 2002 State
of the Union Address because of its efforts to develop
weapons of mass destruction and its support of international
terrorism. Iran has been the principle supporter and supplier
to Hizballah in southern Lebanon, Hamas, and Islamic Jihad.
Further, the leaders of Iran have publicly called for the
destruction of the State of Israel.
(12) A nuclear-armed Iran would pose a grave threat to the
national security of the United States and to our allies in
the region.
(b) Statement of Policy.--Congress--
(1) finds that Iran's support of terrorism and its efforts
to develop nuclear weapons are a grave threat to the national
security of the United States and its allies and to the
United States Armed Forces;
(2) declares that the United States and our friends and
allies must make maximum efforts to prevent Iran from
developing or acquiring nuclear weapons and the missiles to
deliver them;
(3) urges the President to use all appropriate means to
prevent Iran from gaining such capabilities;
(4) urges the International Atomic Energy Agency (IAEA) to
employ the full range of its inspection authorities to ensure
that Iran's nuclear program is used for peaceful purposes
only;
(5) encourages Iran to sign and ratify the new nuclear
safeguards protocol, the ``Model Additional Protocol
(INFCIRC/540-Corr)'' to the Treaty on the Non-Proliferation
of Nuclear Weapons, which would demonstrate Iran's commitment
to sharing information about its nuclear program with the
IAEA and the international community and to full disclosure
and transparency about its nuclear program; and
(6) urges the United States resident representative to the
IAEA to work with the Board of Governors of the IAEA on
guidelines for early identification of noncompliance with the
Nuclear Non-Proliferation Treaty.
TITLE XIV--MISSILE THREAT REDUCTION ACT OF 2003
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Missile Threat Reduction
Act of 2003''.
Subtitle A--Strengthening International Missile Nonproliferation Law
SEC. 1411. FINDINGS.
Congress makes the following findings:
(1) The spread of offensive ballistic missiles suitable for
launching nuclear, chemical, and biological warheads is
accelerating across the globe.
(2) According to the Carnegie Endowment for International
Peace, more than 25 countries possess missiles with ranges in
excess of 300 kilometers and capable of delivering a nuclear
warhead.
(3)(A) Many of the countries now possessing such missiles,
and engaging in the sale and transfer of such missiles and
their production technology to other countries, are directly
hostile to the United States, its interests, and its allies.
(B) Of particular concern in this regard is North Korea,
which regularly sells ballistic missiles and technology to
countries in regions of instability and concern to the United
States.
(4) The Central Intelligence Agency has stated in its most
recent report on the foreign ballistic missile threat the
following:
``Emerging ballistic missile states continue to increase
the range, reliability, and accuracy of the missile systems
in their inventories--posing ever greater risks to U.S.
forces, interests, and allies throughout the world. A decade
ago, U.S. and allied forces abroad faced threats from SRBM's
[Short Range Ballistic Missiles]--primarily the Scud and its
variants. Today, countries have deployed or are on the verge
of deploying MRBM's [Medium Range Ballistic Missiles],
placing greater numbers of targets at risk.
``Proliferation of ballistic missile-related technologies,
materials, and expertise--especially by Russian, Chinese, and
North Korean entities--has enabled emerging missile states to
accelerate the development timelines for their existing
programs, acquire turnkey systems to gain previously non-
existent capabilities--in the case of the Chinese sale of the
M-11 SRBM to Pakistan--and lay the groundwork for the
expansion of domestic infrastructures to potentially
accommodate even more capable and longer range future
systems.''.
(5) The same CIA report also noted the following: ``North
Korea has assumed the role as the missile and manufacturing
technology source for many programs. North Korean willingness
to sell complete systems and components has enabled other
states to acquire longer range capabilities earlier than
otherwise would have been possible--notably the sale of the
No Dong MRBM to Pakistan. The North also has helped countries
to acquire technologies to serve as the basis for domestic
development efforts--as with Iran's reverse-engineering of
the No Dong in the Shahab-3 program. Meanwhile, Iran is
expanding its efforts to sell missile technology.''.
(6) Since 1987, 33 countries have committed to abide by a
voluntary set of guidelines known as the Missile Technology
Control Regime (MTCR), whereby adherents agreed to refrain
from the transfer to nonadherents of certain categories of
whole missiles, their constituent parts, and the facilities
to manufacture them, especially ``Category I'' missiles,
which at a range of 300 kilometers or more and a payload
capacity of 500 kilograms or more are especially suited for
delivering nuclear weapons.
(7) In October 2002, 93 countries committed to observe a
nonbinding code of conduct derived from, but less restrictive
than, the nonbinding MTCR. While this is a welcome
achievement, it does not provide a legal obligation on its
adherents to refrain from the trade in missiles or missile
technology.
(8) On December 10, 2002, the White House released its
``National Strategy to Combat Weapons of Mass Destruction'',
wherein it is stated that strengthening international
nonproliferation controls on weapons of mass destruction
(WMD) and upon the missiles that can deliver them is the
second of three principal pillars of the National Strategy.
The National Strategy also states that ``effective
interdiction is a critical part of the U.S. strategy to
combat WMD and their delivery means''.
(9) On December 11, 2002, the United States took control of
an unflagged freighter that was attempting clandestinely to
ship, from North Korea to Yemen, SCUD missiles of a type that
would be generally prohibited from transfer as Category I
missiles.
(10) Neither North Korea nor Yemen is an adherent to the
MTCR guidelines, which in any case are not legally binding,
and there is no binding international legal instrument that
would prohibit shipments of the missiles referred to in
paragraph (9).
(11) At Yemen's request, the United States released the
shipment of North Korean Scud missiles to Yemen.
(12) Also on December 11, 2002, the White House press
spokesman stated that existing international law regarding
halting the spread of missile proliferation could be
strengthened. The new National Strategy to Combat Weapons of
Mass Destruction also commits the United States to support
those regimes that are currently in force, and to work to
improve the effectiveness of, and compliance with, those
regimes, and identifies the MTCR as a regime that the United
States will seek to strengthen.
(13) Secretary of Defense Donald Rumsfeld, testifying on
February 12, 2003, before the Committee on Armed Services of
the Senate, stated the following: ``. . . [I]t's pretty clear
that the proliferation regimes that exist in the world worked
pretty well before, [but] they're not working very well right
now. . . . [U]nless the world wakes up and says this is a
dangerous thing and creates a set of regimes that will in
fact get cooperation to stop those weapons, we're going to be
facing a very serious situation in the next five years.''.
(14) The MTCR has made an invaluable contribution to
restraint in the international trade of offensive ballistic
missiles. Strengthening international controls on ballistic
missiles, however, will require a dramatic expansion of
adherents that rigorously abide by the MTCR's guidelines, and
a binding legal basis for the United Nations and countries
devoted to nonproliferation to prevent, and when necessary
act to prevent, further proliferation of offensive ballistic
missiles around the world.
(15) Therefore, it should be the policy of the United
States to promote the creation of new international
mechanisms that would, in all future circumstances, allow the
peace-loving and law-abiding nations of the world the
authority to interdict and prevent the transfer of such
missiles.
SEC. 1412. POLICY OF THE UNITED STATES.
It shall be the policy of the United States to seek a
binding international instrument or instruments to restrict
the trade in offensive ballistic missiles with ranges of 300
kilometers or more that have a payload capacity of 500
kilograms or more. Such a binding international instrument
may take the form of a multilateral treaty, a United Nations
Security Council resolution, or other instrument of
international law, and should provide for enforcement
measures including interdiction, seizure, and impoundment of
illicit shipments of offensive ballistic
[[Page H6761]]
missiles and related technology, equipment, and components.
SEC. 1413. SENSE OF CONGRESS.
It is the sense of the Congress that the United States
should immediately introduce a resolution in the United
Nations Security Council to prohibit all members of the
United Nations from purchasing, receiving, assisting or
allowing the transfer of, and to authorize the subsequent
interdiction, seizure, and impoundment of, any missile,
missile-related equipment, means of producing missiles, or
missile-related technology from North Korea.
Subtitle B--Strengthening United States Missile Nonproliferation Law
SEC. 1421. PROBATIONARY PERIOD FOR FOREIGN PERSONS.
(a) In General.--Notwithstanding any other provision of
law, upon the expiration, or the granting of a waiver, on or
after January 1, 2003, of sanctions against a foreign person
imposed under section 73(a) of the Arms Export Control Act
(22 U.S.C. 2797b(a)) or under section 11B(b)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410b(b)(1)), as
continued in effect under the International Emergency
Economic Powers Act, a license shall be required, for a
period of not less than 3 years, for the export to that
foreign person of all items controlled for export under
section 5 or 6 of the Export Administration Act of 1979 (50
U.S.C. App. 2404, 2405), as continued in effect under the
International Emergency Economic Powers Act, in accordance
with the Export Administration Regulations.
(b) Termination.--Subsection (a) shall not apply to a
foreign person 30 days after the President notifies the
Committee on International Relations of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs and the Committee on Foreign Relations of the
Senate that he has determined that--
(1) the foreign person has--
(A) ceased all activity related to the original imposition
of sanctions under section 73(a) of the Arms Export Control
Act or section 11B(b)(A) of the Export Administration Act of
1979, as the case may be; and
(B) has instituted a program of transparency measures
whereby the United States will be able to verify for at least
a period of 3 years that the foreign person is not engaging
in prohibited activities under those provisions of law
referred to in paragraph (1); and
(2) there has been an appropriate resolution of the
original violation or violations, such as financial
penalties, incarceration, destruction of prohibited items, or
other appropriate measures taken to prevent a recurrence of
the violation or violations.
SEC. 1422. STRENGTHENING UNITED STATES MISSILE PROLIFERATION
SANCTIONS ON FOREIGN PERSONS.
(a) Arms Export Control Act.--Section 73(a)(2) (22 U.S.C.
2797b(a)(2)) is amended by striking ``2 years'' each place it
appears and inserting ``4 years''.
(b) Public Information.--Section 73(e)(2) (22 U.S.C.
2797b(e)(2)) is amended by adding at the end the following
new sentence: ``Such report may be classified only to the
extent necessary to protect intelligence sources and methods.
If the report is so classified, the President shall make
every effort to acquire sufficient alternative information
that would allow a subsequent unclassified version of the
report to be issued.''.
(c) Export Administration Act of 1979.--Any sanction
imposed on a foreign person under section 11B(b)(1) of the
Export Administration Act of 1979 (50 U.S.C. App.
2410b(b)(1)), as continued in effect under the International
Emergency Economic Powers Act, shall be in effect for a
period of 4 years beginning on the date on which the sanction
was imposed.
(d) Applicability.--The amendments made by subsections (a)
and (b) and the provisions of subsection (c) shall apply to
all sanctions imposed under section 73(a) of the Arms Export
Control Act or section 11B(b)(1) of the Export Administration
Act of 1979, as continued in effect under the International
Emergency Economic Powers Act, by reason of acts giving rise
to such sanctions that were committed by foreign persons on
or after January 1, 2003.
SEC. 1423. COMPREHENSIVE UNITED STATES MISSILE PROLIFERATION
SANCTIONS ON ALL RESPONSIBLE PERSONS.
(a) Arms Export Control Act.--Section 73(a) (22 U.S.C.
2797b(a)) is amended by adding at the end the following new
paragraph:
``(3)(A) Sanctions imposed upon a foreign person under
paragraph (2) shall also be imposed on any governmental
entity that the President determines exercises effective
control over, benefits from, or directly or indirectly
facilitates the activities of that foreign person.
``(B) When a sanction is imposed on a foreign person under
paragraph (2), the President may also impose that sanction on
any other person or entity that the President has reason to
believe has or may acquire items that may not be exported to
that foreign person on account of the sanction imposed on
that foreign person, with the intent to transfer to that
foreign person, or provide to that foreign person access to,
such items.
``(C) The President may also prohibit, for such period of
time as he may determine, any transaction or dealing, by a
United States person or within the United States, with any
foreign person on whom sanctions have been imposed under this
subsection.
``(D) The President shall report on an annual basis to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate the identity of any foreign person that engages in any
transaction or activity with a foreign person on whom
sanctions have been imposed under this subsection that
either--
``(i) would be the basis for imposing sanctions under
subparagraph (B) but for which sanctions have not been
imposed; or
``(ii) would be the basis for imposing sanctions under
subparagraph (C) if the transaction or activity had been
carried out by a United States person or by a person in the
United States.
Such report shall be unclassified to the maximum extent
feasible, but may include a classified annex.''.
(b) Definition of Person.--Section 74(a)(8)(A) (22 U.S.C.
2797c(a)(8)(A)) is amended to read as follows:
``(8)(A) the term `person' means--
``(i) a natural person;
``(ii) a corporation, business association, partnership,
society, trust, transnational corporation, or transnational
joint venture, any other nongovernmental entity,
organization, or group, and any governmental entity;
``(iii) any subsidiary, subunit, or parent entity of any
business enterprise or other organization or entity listed in
clause (ii); and
``(iv) any successor of any business enterprise or other
organization or entity listed in clause (ii) or (iii); and''.
(c) Export Administration Act of 1979.--
(1) Sanctions imposed on government entities.--Any sanction
imposed on a foreign person under section 11B(b)(1)(B) of the
Export Administration Act of 1979 (50 U.S.C. App.
2410b(b)(1)(B)), as continued in effect under the
International Emergency Economic Powers Act (in this
subsection referred to as a ``dual use sanction''), shall
also be imposed on any governmental entity that the President
determines exercises effective control over, benefits from,
or directly or indirectly facilitates the activities of that
foreign person.
(2) Other entities.--When a dual use sanction is imposed on
a foreign person, the President may also impose that sanction
on any other person or entity that the President has reason
to believe has or may acquire items that may not be exported
to that foreign person on account of the dual use sanction
imposed on that foreign person, with the intent to transfer
to that foreign person, or provide to that foreign person
access to, such items.
(3) Transactions by third parties.--The President may also
prohibit, for such period of time as he may determine, any
transaction or dealing, by a United States person or within
the United States, with any foreign person on whom dual use
sanctions have been imposed.
(4) Report.--The President shall submit on an annual basis
to the appropriate congressional committees a report that
contains the identity of any foreign person that engages in
any transaction or activity with a foreign person on whom
dual use sanctions have been imposed that either--
(A) would be the basis for imposing dual use sanctions
under paragraph (2) but for which such sanctions have not
been imposed; or
(B) would be the basis for imposing dual use sanctions
under paragraph (3) if the transaction or activity had been
carried out by a United States person or by a person in the
United States.
Such report shall be unclassified to the maximum extent
feasible, but may include a classified annex.
(5) Definitions.--In this subsection:
(A) Person.--The term ``person'' means--
(i) a natural person;
(ii) a corporation, business association, partnership,
society, trust, transnational corporation, or transnational
joint venture, any other nongovernmental entity,
organization, or group, and any governmental entity;
(iii) any subsidiary, subunit, or parent entity of any
business enterprise or other organization or entity listed in
clause (ii); and
(iv) any successor of any business enterprise or other
organization or entity listed in clause (ii) or (iii).
(B) In the case of countries where it may be impossible to
identify a specific governmental entity referred to in
subparagraph (A), the term ``person'' means--
(i) all activities of that government relating to the
development or production of any missile equipment or
technology; and
(ii) all activities of that government affecting the
development or production of aircraft, electronics, and space
systems or equipment.
(C) United states person.--The term ``United States
person'' has the meaning given that term in section 16(2) of
the Export Administration Act of 1979 (50 U.S.C. App.
2415(2)).
(D) Missile equipment or technology.--The term ``missile
equipment or technology'' has the meaning given that term in
section 11B(c) of the Export Administration Act of 1979 (50
U.S.C. App. 2410b(c)).
(d) Effective Date.--The amendments made by subsections (a)
and (b) shall apply with respect to sanctions imposed on or
after January 1, 2003, on foreign persons under section
73(a)(2) of the Arms Export Control Act, and the provisions
of subsection (c) shall apply with respect to sanctions
imposed on or after January 1, 2003, on foreign persons under
section 11B(b) of the Export Administration Act of 1979 (50
U.S.C. App. 2410b(b)), as continued in effect under the
International Emergency Economic Powers Act.
Subtitle C--Incentives for Missile Threat Reduction
SEC. 1431. FOREIGN ASSISTANCE.
(a) Types of Assistance.--The President is authorized to
provide, on such terms as the President deems appropriate,
the following assistance to countries that agree to destroy
their ballistic missiles, and their facilities for producing
ballistic missiles, that have a payload capacity of 500
kilograms or more over a distance of 300 kilometers or more:
(1) Assistance under section 23 of the Arms Export Control
Act (22 U.S.C. 2763).
(2) Assistance under chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et
[[Page H6762]]
seq.), notwithstanding section 531(e) or 660(a) of that Act
(22 U.S.C. 2346(e) or 2420(a)).
(3) Drawdown of defense articles, defense services, and
military education and training under section 506 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318).
(b) Congressional Notification.--Assistance authorized
under subsection (a) may not be provided until 30 days after
the date on which the President has provided notice thereof
to the appropriate congressional committees in accordance
with the procedures applicable to reprogramming notifications
under section 634A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2394-1(a)).
(c) Limitation.--Any assistance provided to a country under
subsection (a) may not be provided in more than 3 fiscal
years.
SEC. 1432. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There is authorized to be appropriated
to the President to carry out section 1431 the sum of
$250,000,000.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are
authorized to remain available until expended.
SEC. 1433. AUTHORIZATION OF TECHNICAL ASSISTANCE IN MISSILE
DISARMAMENT.
The President is authorized to provide technical assistance
in the destruction of any missile or facility for producing
ballistic missiles, in any country that requests such
assistance.
TITLE XV--PROMOTION OF DEMOCRACY, HUMAN RIGHTS, AND RULE OF LAW IN
BELARUS
SEC. 1501. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY
IN BELARUS.
(a) Purposes of Assistance.--The assistance under this
section shall be available for the following purposes:
(1) To assist the people of the Republic of Belarus in
regaining their freedom and to enable them to join the
European community of democracies.
(2) To encourage free and fair presidential, parliamentary,
and local elections in Belarus, conducted in a manner
consistent with internationally accepted standards and under
the supervision of internationally recognized observers.
(3) To assist in restoring and strengthening institutions
of democratic governance in Belarus.
(b) Authorization for Assistance.--To carry out the
purposes of subsection (a), the President is authorized to
furnish assistance and other support for the activities
described in subsection (c), to be provided primarily for
indigenous Belarusian groups that are committed to the
support of democratic processes.
(c) Activities Supported.--Activities that may be supported
by assistance under subsection (b) include--
(1) the observation of elections and the promotion of free
and fair electoral processes;
(2) development of democratic political parties;
(3) radio and television broadcasting to and within
Belarus;
(4) the development of nongovernmental organizations
promoting democracy and supporting human rights;
(5) the development of independent media working within
Belarus and from locations outside the country and supported
by nonstate-controlled printing facilities;
(6) international exchanges and advanced professional
training programs for leaders and members of the democratic
forces in skill areas central to the development of civil
society; and
(7) other activities consistent with the purposes of this
title.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the President to carry out this section such sums as may be
necessary for fiscal years 2004 and 2005.
(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations under paragraph (1)
are authorized to remain available until expended.
SEC. 1502. RADIO BROADCASTING TO BELARUS.
(a) Purpose.--It is the purpose of this section to
authorize increased support for United States Government and
surrogate radio broadcasting to the Republic of Belarus that
will facilitate the unhindered dissemination of information.
(b) Authorization of Appropriations.--In addition to such
sums as are otherwise authorized to be appropriated, there is
authorized to be appropriated such sums as may be necessary
for each fiscal year for Voice of America and RFE/RL,
Incorporated for radio broadcasting to the people of Belarus
in languages spoken in Belarus.
SEC. 1503. SENSE OF CONGRESS RELATING TO SANCTIONS AGAINST
THE GOVERNMENT OF BELARUS.
(a) Sense of Congress.--It is the sense of Congress that
the sanctions described in subsections (c) and (d) should
apply with respect to the Republic of Belarus until the
President determines and certifies to the appropriate
congressional committees that the Government of Belarus has
made significant progress in meeting the conditions described
in subsection (b).
(b) Conditions.--The conditions referred to in subsection
(a) are the following:
(1) The release of individuals in Belarus who have been
jailed based on political or religious beliefs.
(2) The withdrawal of politically motivated legal charges
against all opposition figures and independent journalists in
Belarus.
(3) A full accounting of the disappearances of opposition
leaders and journalists in Belarus, including Victor Gonchar,
Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and
the prosecution of those individuals who are responsible for
their disappearances.
(4) The cessation of all forms of harassment and repression
against the independent media, independent trade unions,
nongovernmental organizations, religious organizations
(including their leadership and members), and the political
opposition in Belarus.
(5) The implementation of free and fair presidential and
parliamentary elections in Belarus consistent with OSCE
standards on democratic elections and in cooperation with
relevant OSCE institutions.
(c) Denial of Entry Into the United States of Belarusian
Officials.--The President should use his authority under
section 212(f) of the Immigration and Nationality Act (8
U.S.C. 1182(f)) to deny the entry into the United States of
any alien who--
(1) holds a position in the senior leadership of the
Government of Belarus; or
(2) is a spouse, minor child, or agent of a person
inadmissible under paragraph (1).
(d) Prohibition on Loans and Investment.--
(1) United states government financing.--No loan, credit
guarantee, insurance, financing, or other similar financial
assistance should be extended by any agency of the United
States Government (including the Export-Import Bank and the
Overseas Private Investment Corporation) to the Government of
Belarus, except with respect to the provision of humanitarian
goods and agricultural or medical products.
(2) Trade and development agency.--No funds available to
the Trade and Development Agency should be available for
activities of the Agency in or for Belarus.
(e) Multilateral Financial Assistance.--It is further the
sense of Congress that, in addition to the application of the
sanctions described in subsections (c) and (d) to the
Republic of Belarus (until the President determines and
certifies to the appropriate congressional committees that
the Government of Belarus has made significant progress in
meeting the conditions described in subsection (b)), the
Secretary of the Treasury should instruct the United States
Executive Director of each international financial
institution to which the United States is a member to use the
voice and vote of the United States to oppose any extension
by those institutions of any financial assistance (including
any technical assistance or grant) of any kind to the
Government of Belarus, except for loans and assistance that
serve humanitarian needs.
SEC. 1504. MULTILATERAL COOPERATION.
It is the sense of Congress that the President should
continue to seek to coordinate with other countries,
particularly European countries, a comprehensive,
multilateral strategy to further the purposes of this title,
including, as appropriate, encouraging other countries to
take measures with respect to the Republic of Belarus that
are similar to measures described in this title.
SEC. 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
provided support for acts of international terrorism.
(2) An identification of each country described in
paragraph (1) and a detailed description of the weapons or
weapons-related technologies involved in the sale.
(3) An identification of the goods, services, credits, or
other consideration received by Belarus in exchange for the
weapons or weapons-related technologies.
(4) The personal assets and wealth of Aleksandr Lukashenka
and other senior leadership of the Government of Belarus.
(b) Form.--A report transmitted pursuant to subsection (a)
shall be in unclassified form but may contain a classified
annex.
SEC. 1506. DEFINITIONS.
In this title:
(1) Osce.--The term ``OSCE'' means the Organization for
Security and Cooperation in Europe.
(2) Senior leadership of the government of belarus.--The
term ``senior leadership of the Government of Belarus''
includes--
(A) the President, Prime Minister, Deputy Prime Ministers,
government ministers, Chairmen of State Committees, and
members of the Presidential Administration of Belarus;
(B) any official of the Government of Belarus who is
personally and substantially involved in the suppression of
freedom in Belarus, including judges and prosecutors; and
(C) any other individual determined by the Secretary of
State (or the Secretary's designee) to be personally and
substantially involved in the formulation or execution of the
policies of the Lukashenka regime that are in contradiction
of internationally recognized human rights standards.
TITLE XVI--ISRAELI-PALESTINIAN PEACE ENHANCEMENT 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 terrorism to pursue their
political objectives, have
[[Page H6763]]
brought economic and personal hardship to their people and
brought a halt to efforts seeking a negotiated settlement of
the conflict.
(4) The United States has an interest in a Middle East in
which two states, Israel and Palestine, will live side by
side in peace and security.
(5) In his speech of June 24, 2002, and in other
statements, President George W. Bush outlined a comprehensive
vision of the possibilities of peace in the Middle East
region following a change in Palestinian leadership.
(6) A stable and peaceful Palestinian state is necessary to
achieve the security that Israel longs for, and Israel should
take concrete steps to support the emergence of a viable,
credible Palestinian state.
(7) The Palestinian state must be a reformed, peaceful, and
democratic state that abandons forever the use of terror.
(8) On April 29, 2003, the Palestinian Legislative Council
confirmed in office, by a vote of 51 yeas, 18 nays, and 3
abstentions, the Palestinian Authority's first prime
minister, Mahmoud Abbas (Abu Mazen), and his cabinet.
(9) In his remarks prior to the vote of the Palestinian
Legislative Council, Mr. Abbas declared: ``The government
will concentrate on the question of security . . . The
unauthorized possession of weapons, with its direct threat to
the security of the population, is a major concern that will
be relentlessly addressed . . . There will be no other
decision-making authority except for the Palestinian
Authority.''.
(10) In those remarks, Mr. Abbas further stated: ``We
denounce terrorism by any party and in all its forms both
because of our religious and moral traditions and because
we are convinced that such methods do not lend support to
a just cause like ours but rather destroy it.''.
(11) Israel has repeatedly indicated its willingness to
make painful concessions to achieve peace once there is a
partner for peace on the Palestinian side.
SEC. 1603. PURPOSES.
The purposes of this title are--
(1) to express the sense of Congress with respect to United
States recognition of a Palestinian state; and
(2) to demonstrate United States willingness to provide
substantial economic and humanitarian assistance, and to
support large-scale multilateral assistance, after the
Palestinians have achieved the reforms outlined by President
Bush and have achieved peace with the State of Israel.
SEC. 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 Palestinians have
achieved the reforms described in section 620K(c)(2) of the
Foreign Assistance Act of 1961 (as added by section 1706 of
this Act) and have made a lasting and secure peace with
Israel;
(3) the Palestinian people merit commendation on the
confirmation of the Palestinian Authority's first prime
minister, Mahmoud Abbas (Abu Mazen), and his cabinet;
(4) the new Palestinian administration urgently should take
the necessary security-related steps to allow for
implementation of a performance-based road map to resolve the
Israeli-Palestinian conflict;
(5) the United States Administration should work vigorously
toward the goal of two states living side-by-side in peace
within secure and internationally-recognized boundaries free
from threats or acts of force; and
(6) the United States has a vital national security
interest in a permanent, comprehensive, and just resolution
of the Arab-Israeli conflict, and particularly the
Palestinian-Israeli conflict, based on the terms of United
Nations Security Council Resolutions 242 and 338.
SEC. 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 incitement, including the cessation of all
officially sanctioned or funded anti-Israel incitement;
(B) has taken appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures and the confiscation
of unlawful weaponry;
(C) has established a new Palestinian security entity that
is fully cooperating with the appropriate Israeli security
organizations;
(D) has achieved exclusive authority and responsibility for
governing the national affairs of a Palestinian state, has
taken effective steps to ensure democracy, the rule of law,
and an independent judiciary, and has adopted other reforms
ensuring transparent and accountable governance; and
(E) has taken effective steps to ensure that its education
system promotes the acceptance of Israel's existence and of
peace with Israel and actively discourages anti-Israel
incitement.
SEC. 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 section:
``SEC. 620K. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE.
``(a) Limitation.--
``(1) In general.--Notwithstanding any other provision of
law, assistance may be provided under this Act or any other
provision of law to the government of a Palestinian state
only during a period for which a certification described in
subsection (c) is in effect. The limitation contained in the
preceding sentence shall not apply (A) to humanitarian or
development assistance that is provided through
nongovernmental organizations for the benefit of the
Palestinian people in the West Bank and Gaza, or (B) to
assistance that is intended to reform the Palestinian
Authority and affiliated institutions, or a newly elected
Palestinian governing entity, in order to help meet the
requirements contained in subparagraphs (A) through (H) of
subsection (c)(2) or to address the matters described in
subparagraphs (A) through (E) of section 1705(2) of the
Israeli-Palestinian Peace Enhancement Act of 2003.
``(2) Waiver.--The President may waive the limitation of
the first sentence of paragraph (1) if the President
determines and certifies to the Committee on International
Relations of the House of Representatives and the Committee
on Foreign Relations of the Senate that it is vital to the
national interest of the United States to do so.
``(b) Congressional Notification.--
``(1) In general.--Assistance made available under this Act
or any other provision of law to a Palestinian state may not
be provided until 15 days after the date on which the
President has provided notice thereof to the Committee on
International Relations and the Committee on Appropriations
of the House of Representatives and to the Committee on
Foreign Relations and the Committee on Appropriations of the
Senate in accordance with the procedures applicable to
reprogramming notifications under section 634A(a) of this
Act.
``(2) Sunset.--Paragraph (1) shall cease to be effective
beginning ten years after the date on which notice is first
provided under such paragraph.
``(c) Certification.--A certification described in this
subsection is a certification transmitted by the President to
Congress that--
``(1) a binding international peace agreement exists
between Israel and the Palestinians that--
``(A) was freely signed by both parties;
``(B) guarantees both parties' commitment to a border
between two states that constitutes a secure and
internationally recognized boundary for both states, with no
remaining territorial claims;
``(C) provides a permanent resolution for both Palestinian
refugees and Jewish refugees from Arab countries; and
``(D) includes a renunciation of all remaining Palestinian
claims against Israel through provisions that commit both
sides to the ``end of the conflict''; and
``(2) the new Palestinian government--
``(A) has been democratically elected through free and fair
elections, has exclusive authority and responsibility for
governing the national affairs of the Palestinian state, and
has achieved the reforms outlined by President Bush in his
June 24, 2002, speech;
``(B) has completely renounced the use of violence against
the State of Israel and its citizens, is vigorously
attempting to prevent any acts of terrorism against Israel
and its citizens, and punishes the perpetrators of such acts
in a manner commensurate with their actions;
``(C) has dismantled, and terminated the funding of, any
group within its territory that conducts terrorism against
Israel;
``(D) is engaging in ongoing and extensive security
cooperation with the State of Israel;
``(E) refrains from any officially sanctioned or funded
statement or act designed to incite Palestinians or others
against the State of Israel and its citizens;
``(F) has an elected leadership not compromised by terror;
``(G) is demilitarized; and
``(H) has no alliances or agreements that pose a threat to
the security of the State of Israel.
``(d) Recertifications.--Not later than 90 days after the
date on which the President transmits to Congress an initial
certification under subsection (c), and every 6 months
thereafter for the 10-year period beginning on the date of
transmittal of such certification--
``(1) the President shall transmit to Congress a
recertification that the requirements contained in subsection
(c) are continuing to be met; or
``(2) if the President is unable to make such a
recertification, the President shall transmit to Congress a
report that contains the reasons therefor.
``(e) Rule of Construction.--A certification under
subsection (c) shall be deemed to be in effect beginning on
the day after the last day of the 10-year period described in
subsection (d) unless the President subsequently determines
that the requirements contained in subsection (c) are no
longer being met and the President transmits to Congress a
report that contains the reasons therefor.''.
SEC. 1607. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN
STATE.
Chapter 1 of part III of the Foreign Assistance Act of 1961
(22 U.S.C. 2351 et seq.), as amended by section 1706, is
further amended by adding at the end the following new
section:
``SEC. 620L. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN
STATE.
``(a) Assistance.--The President is authorized to provide
assistance to a Palestinian state in accordance with the
requirements of this section.
[[Page H6764]]
``(b) Activities To Be Supported.--Assistance provided
under subsection (a) shall be used to support activities
within a Palestinian state to substantially improve the
economy and living conditions of the Palestinians by, among
other things, providing for economic development in the West
Bank and Gaza, continuing to promote democracy and the rule
of law, developing water resources, assisting in security
cooperation between Israelis and Palestinians, and helping
with the compensation and rehabilitation of Palestinian
refugees.
``(c) Authorization of Appropriations.--Of the amounts made
available to carry out chapter 4 of part II of this Act for a
fiscal year, there are authorized to be appropriated to the
President to carry out subsections (a) and (b) such sums as
may be necessary for each such fiscal year.
``(d) Coordination of International Assistance.--
``(1) In general.--Beginning on the date on which the
President transmits to Congress an initial certification
under section 620K(c) of this Act, the Secretary of State
shall seek to convene one or more donors conferences to gain
commitments from other countries, multilateral institutions,
and nongovernmental organizations to provide economic
assistance to Palestinians to ensure that such commitments to
provide assistance are honored in a timely manner, to ensure
that there is coordination of assistance among the United
States and such other countries, multilateral institutions,
and nongovernmental organizations, to ensure that the
assistance provided to Palestinians is used for the purposes
for which is was provided, and to ensure that other
countries, multilateral institutions, and nongovernmental
organizations do not provide assistance to Palestinians
through entities that are designated as terrorist
organizations under United States law.
``(2) Report.--Not later than 180 days after the date of
the enactment of this section, and on an annual basis
thereafter, the Secretary of State shall prepare and submit
to the Committee on International Relations and the Committee
on Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate a report that describes the
activities undertaken to meet the requirements of paragraph
(1), including a description of amounts committed, and the
amounts provided, to a Palestinian state or Palestinians
during the reporting period by each country and
organization.''.
TITLE XVII--MISCELLANEOUS FOREIGN ASSISTANCE PROVISIONS
SEC. 1701. ADDITIONAL AUTHORITIES RELATING TO INTERNATIONAL
NARCOTICS CONTROL ASSISTANCE.
Notwithstanding any other provision of law, assistance
provided by the United States Government to support
international efforts to combat aerial trafficking of illicit
narcotics under chapter 8 of part I of the Foreign Assistance
Act of 1961 or under any other provision of law shall include
the authority to interdict illicit arms in connection with
the trafficking of illicit narcotics.
SEC. 1702. UNITED STATES OPIUM ERADICATION PROGRAM IN
COLOMBIA.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, acting through the
Department of State's Narcotics Affairs Section (NAS) in
Bogota, Colombia, shall ensure that all pilots participating
in the United States opium eradication program in Colombia
are Colombians and are fully trained, qualified, and
experienced pilots, with preference provided to individuals
who are members of the Colombian National Police.
SEC. 1703. COOPERATIVE DEVELOPMENT PROGRAM.
Of the amounts made available for development assistance
under the Foreign Assistance Act of 1961, not less than
$2,000,000 for each of the fiscal years 2004 and 2005 are
authorized to be made available to finance projects among the
United States, Israel, and developing countries in Africa
under the Cooperative Development Program.
SEC. 1704. WEST BANK AND GAZA PROGRAM.
(a) Oversight.--For fiscal year 2004, the Secretary of
State shall certify to the appropriate committees of Congress
not later than 30 days prior to the initial obligation of
funds for the West Bank and Gaza that procedures have been
established to assure the Comptroller General will have
access to appropriate United States financial information in
order to review the use of United States assistance for the
West Bank and Gaza funded under chapter 4 of part II of the
Foreign Assistance Act of 1961 (``Economic Support Fund'').
(b) Vetting.--Prior to any obligation of funds authorized
to be appropriated to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 for assistance for the West
Bank and Gaza, the Secretary of State shall take all
appropriate steps to ensure that such assistance is not
provided to or through any individual or entity that the
Secretary knows, or has reason to believe, advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity.
The Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection.
(c) Audits.--
(1) In general.--The Administrator of the United States
Agency for International Development shall ensure that
independent audits of all contractors and grantees, and
significant subcontractors and subgrantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
(2) Audits by inspector general of usaid.--Of the funds
authorized to be appropriated by this Act to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961
that are made available for assistance for the West Bank and
Gaza, up to $1,000,000 may be used by the Office of the
Inspector General of the United States Agency for
International Development for audits, inspections, and other
activities in furtherance of the requirements of paragraph
(1). Such funds are in addition to funds otherwise available
for such purposes.
SEC. 1705. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON INCITEMENT
TO ACTS OF DISCRIMINATION.
(a) Countries Receiving Economic Assistance.--Section
116(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d)) is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(11)(A) wherever applicable, in a separate section with a
separate heading, a description of the nature and extent of--
``(i) propaganda in government and government-controlled
media and other sources, including government-produced
educational materials and textbooks, that attempt to justify
or promote racial hatred or incite acts of violence against
any race or people; and
``(ii) complicity or involvement in the creation of such
propaganda or incitement of acts of violence against any
race; and
``(B) a description of the actions, if any, taken by the
government of the country to eliminate such propaganda or
incitement.''.
(b) Countries Receiving Security Assistance.--Section
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2304(b)) is amended by inserting after the eighth sentence
the following: ``Each report under this section shall also
include wherever applicable, in a separate section with a
separate heading, a description of (i) the nature and extent
of (I) propaganda in government and government-controlled
media and other sources, including government-produced
educational materials and textbooks, that attempt to justify
or promote racial hatred or incite acts of violence against
any race, and (II) complicity or involvement in the creation
of such propaganda or incitement of acts of violence against
any race or people, and (ii) a description of the actions, if
any, taken by the government of the country to eliminate such
propaganda or incitement.''.
SEC. 1706. ASSISTANCE TO EAST TIMOR.
Section 632(b)(1) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228) is amended by
striking ``the fiscal year 2003'' and inserting ``each of the
fiscal years 2003, 2004, and 2005''.
SEC. 1707. SUPPORT FOR DEMOCRACY-BUILDING EFFORTS FOR CUBA.
(a) Statement of Policy.--It is the policy of the United
States to support those individuals and groups who struggle
for freedom and democracy in Cuba, including human rights
dissidents, independent journalists, independent labor
leaders, and other opposition groups.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President to carry out section 109(a) of Public Law 104-
114 (22 U.S.C. 6039(a)) $15,000,000 for each of the fiscal
years 2004 and 2005.
(2) Additional authorities.--Amounts appropriated pursuant
to the authorization of appropriations under subsection (a)--
(A) are authorized to remain available until expended; and
(B) are in addition to amounts otherwise available for such
purposes.
SEC. 1708. AMENDMENT TO THE AFGHANISTAN FREEDOM SUPPORT ACT
OF 2002.
The Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501
et seq.) is amended--
(1) in section 103(a) by striking ``section 512 of Public
Law 107-115 or any similar'' and inserting ``any other''; and
(1) in section 207(b) by striking ``section 512 of Public
Law 107-115 or any similar'' and inserting ``any other''.
SEC. 1709. CONGO BASIN FOREST PARTNERSHIP.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the President to carry out the Congo
Basin Forest Partnership (CBFP) program $18,600,000 for each
of the fiscal years 2004 and 2005. Of the amounts
appropriated pursuant to the authorization of appropriations
under the preceding sentence for a fiscal year, $16,000,000
is authorized to be made available to the Central Africa
Regional Program for the Environment (CARPE) of the United
States Agency for International Development.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are
authorized to remain available until expended.
SEC. 1710. COMBATTING THE PIRACY OF UNITED STATES COPYRIGHTED
MATERIALS.
(a) Authorization of Appropriations.--In addition to such
amounts as may otherwise be authorized to be appropriated for
such purpose, there are authorized to be appropriated for the
Department of State, $10,000,000 to carry out the following
activities in countries that are not members of the
Organization for Economic Cooperation and Development (OECD):
(1) Provision of equipment and training for foreign law
enforcement, including in the interpretation of intellectual
property laws.
(2) Training for judges and prosecutors, including in the
interpretation of intellectual property laws.
(3) Assistance in complying with obligations under
appropriate international copyright and intellectual property
treaties and agreements.
(b) Consultation with World Intellectual Property
Organization.--In carrying out subsection (a), the Department
of State should make every effort to consult with, and
provide
[[Page H6765]]
appropriate assistance to, the World Intellectual Property
Organization to promote the integration of non-OECD countries
into the global intellectual property system.
SEC. 1711. ASSISTANCE FOR LAW ENFORCEMENT FORCES IN CERTAIN
FOREIGN COUNTRIES.
Notwithstanding section 660 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2420), the Administrator of the United
States Agency for International Development is authorized to
provide assistance for fiscal years 2004 and 2005 to--
(1) law enforcement agencies of the Government of India for
the purposes of enhancing their capacity for medical-first-
response and search-and-rescue operations after a natural
disaster, improving the access of women to justice, and
combating the trafficking of persons; and
(2) the new police force of Northern Ireland for the
purpose of providing computer-based, human-rights and other
professional training, and the law enforcement agencies of
the Republic of Ireland (ROI) for the purposes of fostering
greater cooperation and communication between the police
force of the Republic of Ireland and the new police force of
Northern Ireland, as recommended by the Patten Commission.
SEC. 1712. HUMAN RIGHTS AND DEMOCRACY FUND.
Section 664(c)(1) of the Freedom Investment Act of 2002
(subtitle E of title VI of division A of Public Law 107-228;
22 U.S.C. 2151n-2(c)(1)) is amended--
(1) by striking ``for fiscal year 2003'' and inserting
``for each of the fiscal years 2003 through 2005''; and
(2) by striking ``$21,500,000 is'' and inserting
``$21,500,000 for fiscal year 2003, $24,000,000 for fiscal
year 2004, and such sums as may be necessary for fiscal year
2005 are''.
SEC. 1713. ENHANCED POLICE TRAINING.
Section 660(b) of the Foreign Assistance Act of 1961 (22
U.S.C. 2420(b)) is amended--
(1) in paragraph (7), by striking the period at the end and
inserting ``; or''; and
(2) by adding at the end the following new paragraph:
``(8) with respect to assistance provided to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in internationally
recognized human rights, the rule of law, strategic planning,
and counter-narcotics, and through the promotion of civilian
police roles that support democratic governance, including
programs to combat corruption and the trafficking of persons,
particularly by organized crime, prevent conflict, and foster
improved police relations with the communities in which they
serve.''.
SEC. 1714. PROMOTING A SECURE AND DEMOCRATIC AFGHANISTAN.
(a) Findings.--The Congress finds that--
(1) the United States has a vital interest in promoting
Afghanistan's transition from chaos, civil war, and disorder
to an increasingly prosperous democratic state, safe and
secure with its neighbors, respecting human rights,
particularly the rights of women and girls, dedicated to the
liberty, literacy, and enrichment of its citizens, and
serving as a model for other countries;
(2) basic security in the major cities and along key
transportation routes is critical to the reconstruction and
development of Afghanistan, including fostering
implementation of the Bonn Agreement, achieving progress
towards a democratic and tolerant government, and encouraging
international private investment;
(3) Afghanistan and its people remain under serious threat
from terrorism, insurgency, widespread crime, banditry,
intimidation, rape, and suppression of minorities and women,
and other grave violations of human rights continue to occur,
especially in areas that do not have a routine presence of
international security personnel;
(4) lethal clashes continue between the private armies of
warlords, attacks against Afghan civilians and officials and
United States and international organization personnel are on
the rise, and threats against civilians and whole villages
not to cooperate with Americans or the central government are
now routine;
(5) the growth, production, and trafficking of Afghan opium
and its derivatives pose a serious threat to international
peace and security and efforts toward reconstruction in
Afghanistan;
(6) recruitment and training of the Afghan National Army
and the Afghan National Police are seriously behind schedule
and will not be at full strength for several years, leaving
the central government and Afghan citizens vulnerable to the
depredations of terrorists, insurgents, and the private
armies of warlords;
(7) although the 4,500 soldiers of the International
Security Assistance Force (ISAF) have provided much-needed
security for the citizens of Kabul, it is not within their
mandate or power to promote security to other areas, and
human rights abuses are continuing in areas in and around
Kabul where ISAF is not present;
(8) vastly disproportionate numbers of refugees returning
from neighboring countries have gone to Kabul because of the
security provided by ISAF and the insecurity of their home
areas, overwhelming Kabul and far exceeding its capacity for
shelter, food, and employment;
(9) NATO has recently decided to take over responsibility
for a limited ISAF, a welcome development that will not,
unfortunately, provide any additional security in Kabul or
elsewhere;
(10) the United States has stated on numerous occasions
that it does not oppose the expansion of ISAF, but that
heretofore other countries have not expressed a willingness
to participate in an expanded force;
(11) the United States has not itself demonstrated a
commitment to expansion of ISAF or a similar international
security or peacekeeping force, a commitment to leadership
that other nations may more likely follow;
(12) the Secretary of Defense has announced that the combat
phase of the war in Afghanistan has ended, and that the
United States will be focusing its efforts on a
reconstruction phase utilizing lightly-armed, platoon-sized
Provincial Reconstruction Teams to provide security for
reconstruction efforts, rather than an expanded international
peacekeeping or patrolling security force;
(13) the Provincial Reconstruction Teams may prove
inadequate to provide a significant level of security to
their regions, and are not tasked to secure the major
transportation routes which are critical to the economic
revival of Afghanistan;
(14) United States and foreign nongovernmental aid workers
and Afghan civilian aid workers are at great risk of being
robbed, beaten, and killed in areas of Afghanistan that are
not being patrolled by United States forces or Afghan central
government forces;
(15) such acts of theft, intimidation, and murder against
foreign aid and Afghan civilian workers are occurring with
increasing frequency, and are often deliberately committed by
Taliban and other insurgent and rebel forces with the
intention of creating sufficient terror to undermine and
arrest any efforts to rebuild Afghanistan into a peaceful,
democratic, and prosperous nation that prohibits terrorism
and tyranny;
(16) the report of the Inspector General of the United
States Agency for International Development (USAID) confirms
that USAID workers are virtual captives in their compounds,
able to venture out into the countryside for brief periods
and only under heavy armed escort, conditions which are
counterproductive to their mission of assisting the people of
Afghanistan;
(17) the Taliban and al-Qaeda may believe they only have to
create enough terror and uncertainty in the country to
undermine the creation of strong representative institutions,
and wait until the United States leaves to again create
chaos, exploit tribal rivalries, and plunge Afghanistan back
into chaos;
(18) failure to secure a peaceful and democratic
Afghanistan will diminish the credibility of efforts by the
United States and the international community to promote
peace and democracy elsewhere in the Muslim world; and
(19) unless general security can be provided in the major
population areas, strategic highways, and border crossings
and chokepoints, the goals for which the war in Afghanistan
was fought may be lost and the efforts and lives spent in the
attempt to liberate and rebuild Afghanistan may be wasted.
(b) Security Policy.--
(1) Security along highways.--The President shall take
immediate steps to ensure that there is adequate security
along the length of highways connecting major Afghan urban
centers in order to terminate and deter acts of banditry,
illegal checkpoints, human rights abuses, terrorism, and
intimidation against Afghan and foreign civilians and
military personnel.
(2) Disarmament, etc. of afghan militias.--The President
shall take immediate steps to support directly the
disarmament, demobilization, and reintegration of Afghan
militias and irregulars that are not formally part of the
Afghan National Army or under the direct control of the
central government in Afghanistan.
(c) Sense of Congress.--It is the sense of the Congress
that the President should take steps to implement section
206(d) of the Afghanistan Freedom Support Act of 2002 (Public
Law 107-327) to expand significantly the International
Security Assistance Force, or take such other steps as may be
necessary, such as increasing the number and force levels of
United States Provincial Reconstruction Teams, so as to--
(1) increase the area in which security is provided and
undertake vital tasks related to promoting security, such as
disarming warlords militias and irregulars;
(2) deter criminal activity, including rape, robbery, and
intimidation of civilians; and
(3) safeguard highways in order to allow governmental and
nongovernmental assistance and reconstruction personnel to
move more freely in the countryside to provide humanitarian
relief and rebuild Afghanistan.
SEC. 1715. GRANTS TO THE AFRICA SOCIETY.
(a) Grants to the Africa Society.--For any fiscal year, the
Secretary of State is authorized to make grants to the Africa
Society to carry out programs and activities that advance
United States interests and values in Africa through public
and private partnerships that facilitate the continent's
political transition to more open democratic societies,
support equitable economic growth through trade and
investment, support efforts to promote transparency and
openness through the public and private sectors, encourage
civil society growth and development, and promote awareness
of all Americans about Africa, consistent with a grant
agreement under such terms as the Secretary of State
considers necessary and appropriate.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $1,000,000 for
the fiscal year 2004 and such sums as may be necessary for
the fiscal year 2005.
The CHAIRMAN pro tempore. No amendment to the committee amendment in
the nature of a substitute shall be in order except those printed in
House Report 108-206 and amendments en bloc described in section 2 of
the resolution.
Each amendment printed in the report shall be offered only in the
order printed (except as specified in section 3), may be offered only
by a Member designated in the report, shall be considered read, shall
be debatable for the
[[Page H6766]]
time specified in the report, equally divided and controlled by the
proponent and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question.
It shall be in order at any time for the chairman of the Committee on
International Relations or his designee to offer amendments en bloc
consisting of amendments printed in the report not earlier considered.
Amendments en bloc shall be considered read, shall be debatable for 20
minutes, equally divided and controlled by the chairman and ranking
minority member or their designees, shall not be subject to amendment,
and shall not be subject to a demand for division of the question.
The original proponent of an amendment included in amendments en bloc
may insert a statement in the Congressional Record immediately before
disposition of the amendments en bloc.
The chairman of the Committee of the Whole may recognize for
consideration any amendment out of the order printed, but not sooner
than 1 hour after the chairman of the Committee on International
Relations or a designee prospectively announces from the floor a
request to that effect.
It is now in order to consider amendment No. 1 printed in House
Report 108-206.
Amendment No. 1 Offered by Mr. Smith of New Jersey
Mr. SMITH of New Jersey. Madam Chairman, I offer an amendment
cosponsored by the gentleman from Minnesota (Mr. Oberstar) and the
gentleman from Illinois (Mr. Hyde) to strike the Crowley language in
the State Department bill under consideration.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. Smith of New Jersey:
In section 116(a) of the bill--
(1) after the first dollar amount, insert ``(reduced by
$25,000,000)''; and
(2) after the second dollar amount, insert ``(reduced by
$25,000,000)''.
Strike subsection (e) of section 116 of the bill.
The CHAIRMAN pro tempore. Pursuant to House Resolution 316, the
gentleman from New Jersey (Mr. Smith) and the gentleman from New York
(Mr. Crowley) each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Smith).
Mr. CROWLEY. Madam Chairman, I ask unanimous consent that the
gentleman from Pennsylvania (Mr. Greenwood) be allowed to control half
of the time in opposition to the Smith amendment and be able to yield
that time to others as he sees fit.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. SMITH of New Jersey. Madam Chairman, I yield myself such time as
I may consume.
Madam Chairman, just 10 months ago a sweeping, comprehensive
reiteration of China's Draconian population control program went into
effect in all of China. Sadly, the new law is as harsh, brutal, and
violent as ever. Lest anyone be deceived that Beijing is somehow easing
up on coercive population control, it is all there in the new law, the
infamous one-child-per-couple policy, the crippling fines on those
women who attempt to resist, and severe punishment to those women who
have a child without explicit government permission.
Since 1979, the U.N. population fund has been the chief apologist for
China's coercive one-child-per-couple policy. By its words and by its
actions, the UNFPA has chosen to partner with those who oppress women.
The UNFPA has funded, provided crucial technical support and, most
importantly, provided cover for massive crimes of forced abortion and
involuntary sterilization. Tens of millions of children have been
slaughtered, their mothers robbed of their children by the state. The
UNFPA has aggressively defended this barbaric policy that makes
brothers and sisters illegal and makes women the pawns of population
control cadres.
One terrifying consequence of China's policy is the disproportionate
number of girl murders. According to the State Department's Country
Reports on Human Rights Practices in China, currently there may be as
many as 100 million more men than women, clearly a direct result of the
one-child-per-couple policy.
Time and again, Madam Chairman, the officials at the UNFPA have
defended the indefensible. The former executive director of the UNFPA,
Nafis Sadik, said, ``China has every reason to feel proud of and
pleased with its remarkable achievements made in its family planning
policy. The country could offer its experience and social expertise to
help other countries.'' God forbid. Let them export the one-child-per-
couple policy which relies on coercion to achieve its ends? I hope not!
On CBS ``Nightwatch,'' the executive director of the UNFPA said, ``The
UNFPA firmly believes, as does the government of the People's Republic
of China, that their program is a total voluntary program.'' Madam
Chairman, that is unmitigated nonsense and that is a lie.
UNFPA Beijing representative Sven Burmester said and I quote, and
please listen to this. This is the U.N.'s man in Beijing:
``China has had the most successful family planning policy in the
history of mankind.'' That does not sound like a criticism of coercion
or involuntary or forced abortion. That sounds like a partner defending
a fellow partner gushing with praise. Of course it ``works,'' and of
course the Chinese program is ``successful.'' Coercion works every day
of the week.
Forced abortion, I would remind my colleagues, was construed to be a
crime against humanity at the Nuremberg war crimes tribunal. It is no
less of a crime today as it is practiced by China with its partners in
that crime, the UNFPA.
Madam Chairman, having failed the important review required by the
Kemp-Kasten anticoercion law, the gentleman from New York (Mr. Crowley)
today is now attempting to gut, to weaken, to rig the 18-year-old Kemp-
Kasten law by requiring that it only be operative if an organization
``knowingly and intentionally'' advances or expands coerced abortion or
forced sterilization. If we adopt the Crowley language, enforcement of
the current anticoercive law would be dead. Clearly, the whole idea
behind this is that the money will flow to the UNFPA unfettered because
with this standard, the weakened standard, there is little doubt that
the money will flow.
U.S. investigators, if we adopted this language that is in the
underlying bill, would now be required to investigate UNFPA personnel
and ascertain their knowledge and their intent: What did they know and
when did they know it? Given UNFPA's deplorable track record of denying
that coercion even exists in China, it would be nearly impossible to
prove intent. Even the hard-liners in China, in the government, deny
coercion or any knowledge of coercion or intent to compel abortions.
I have made three human rights trips to China. I met with the head of
China's population control program, Peng Peiyun. Madame Peng Peiyun
told me over and over in that lengthy conversation that there was no
coercion in China and then she backed that up by citing UNFPA's
participation in the program and UNFPA's public statements where UNFPA
leaders have defended and said there is no coercion in China. For the
past 24 years, again despite overwhelming evidence to the contrary,
UNFPA has declared China's program to be, quote, purely voluntary, free
of coercion and a model to be emulated by other countries. Let us not
forget that proving intent, this weakening standard offered by the
gentleman from New York, is usually the stuff of criminal prosecutions,
not grant-making.
I would point out to my colleagues, also, if we applied the misguided
Crowley standard to any other human rights standard, human trafficking
or religious persecution, we would seriously undercut, even destroy,
our efforts to mitigate these abuses around the world.
{time} 1330
Crowley sets a dangerous precedent in human rights law.
Let me just point out to my colleagues I am the prime sponsor of the
Trafficking Victims Protection Act of 2000. Pursuant to that law,
Secretary Powell recently placed 15 countries on what we call the tier
3 sanctions list. Those sanctions will soon be imposed. Nowhere in the
statute do we require
[[Page H6767]]
the Secretary of State to divine the intent of the officials or whether
or not they knowingly engaged in these human rights abuses. To give the
oppressors that out, that escape clause, would be a gross betrayal of
the victims.
In like manner, I respectfully submit we betray the victims of forced
abortion and forced sterilization, millions of Chinese women, millions
of Chinese children, when we give the oppressors or the friends of the
oppressors this engraved invitation to continue denying and obfuscating
the truth and, of course, enabling this kind of carnage to go on.
I ask Members to support the Smith-Oberstar-Hyde amendment.
Madam Chairman, I reserve the balance of my time.
Mr. CROWLEY. Madam Chairman, I yield myself 2 minutes.
Madam Chairman, the provisions the gentleman seeks to strike does not
promote abortion, forced sterilization or any of the other horrible
things opponents of UNFPA say it will do. Madam Chairman, the
underlying Crowley-Lee provision funds the U.N. Population Fund, UNFPA,
in its work in over 141 countries to provide for child and maternal
health, child survival, HIV/AIDS prevention, and family planning.
Nearly 600,000 women die each year from causes related to pregnancy.
Ninety-nine percent of those women are in the developing world. Many of
these deaths could be prevented through maternal care and through
family planning to space those pregnancies.
The President has finished up a 5-day, five-country tour in Africa
where he talked about democracy and economic opportunity, but what he
did not talk about were the empowerment and equality of women. When
women have the ability and access to contraception to plan their
families, their economic livelihoods improve. In Bangladesh, I saw
UNFPA working with women in the garment industry, educating them
without contraception and showing women how limiting their births can
improve their economic situation. In Malawi, I saw UNFPA work with a
rural birth assistant, providing clean razor blades to cut the
umbilical cord, soap and kerosine for a lantern to help rural women
deliver their babies safely.
Let me say what I have not seen, what UNFPA is not doing. UNFPA does
not provide for abortion. I want to remind my colleagues that no U.S.
funding can go to any group that provides for abortions. The gentleman
from Illinois (Chairman Hyde) passed his amendment in 1984, and he
knows it is still the law today. UNFPA does not engage in coercion of
any kind.
Opponents will say that this provision will gut human rights and will
say that UNFPA has been engaged in China. In fact, the Bush
administration, which at first supported UNFPA by requesting $25
million for UNFPA and funding UNFPA's work in Afghanistan, abruptly
changed course when it refused to release $34 million in funding,
citing UNFPA's work in 31 counties in China.
Madam Chairman, I reserve the balance of my time.
Mr. GREENWOOD. Madam Chairman, I yield myself 2 minutes.
Madam Chairman, since 1969 when the program was developed with the
help of the United States of America, United Nations Family Planning
Fund has met an incredible need. That need is that in developing
countries in Africa and Asia and Central and South America, throughout
the world, women find themselves hopelessly enmeshed in poverty without
access to healthcare and without access to family planning services;
and the result of that, as the gentleman from New York (Mr. Crowley)
said, they have more pregnancies than they can bear physically. They
have more children than they can feed, and their children are condemned
to another cycle of poverty. United Nations Family Planning Agency in
160 countries meets that need so women around the world have access as
Americans do.
The gentleman from New Jersey (Mr. Smith) wants to cut that program
in half with this amendment, and the gentleman from New Jersey (Mr.
Smith) wants to make sure that in 159 of those countries access to this
service is cut because in one country, China, something terrible
happens and that is coercive abortions. But when the President sent his
team over there to China to find out what UNFPA's role was, they said
we find no evidence that UNFPA has knowingly supported or participated
in the management of a program of coercive abortion or involuntary
sterilization in the PRC. In fact, it is the UNFPA that is the most
effective organization in preventing that from happening, in getting
the Chinese to move towards education, to move towards contraception,
and away from coercive practices.
If we support the amendment, what we do is we cut off that funding
not only to the agency that is trying to enlighten Chinese family
planning programs, but we cut it off to 159 other countries, none of
whom uses money for anything coercive nor for abortion at all.
Mr. SMITH of New Jersey. Madam Chairman, I yield myself 40 seconds.
I just want to point out to my colleagues that the State Department
and Secretary of State Colin Powell relied on many sources to make
their determination, and Secretary Powell made this comment in his
letter of finding: ``Regrettably, the PRC has in place a regime of
severe penalties on women who have unapproved births. This regime
plainly operates to coerce pregnant women to have abortions in order to
avoid the penalties and therefore amounts to a program of coercive
abortion.'' He pointed out ``UNFPA's support of, and involvement in,
China's population planning activities allows the Chinese government to
implement more effectively its program of coercive abortion.''
Every dollar, Madam Chairman, that does not go to the UNFPA the
Secretary of State has said in writing he wants to reprogram to family
planning and to maternal healthcare initiatives elsewhere around the
world.
Madam Chairman, I reserve the balance of my time.
Mr. CROWLEY. Madam Chairman, I yield 1 minute to the gentleman from
California (Mr. Lantos), ranking member of the House Committee on
International Relations.
Mr. LANTOS. Madam Chairman, I thank the gentleman for yielding me
this time.
I rise in strong opposition to the amendment. I am second to no one
in this body in my criticism of China's horrendous human rights record,
including its population control policies. But the U.N. funds program
in China is specifically designed to demonstrate the effectiveness of
voluntary family planning programs free of coercion and free of quotas.
In fact, for over three decades the U.N. fund has helped couples in
scores of countries around the globe, avoiding unwanted pregnancies
through voluntary family planning programs that fully respect
individual rights.
Today, 99 percent of U.N. funds, and let me repeat, 99 percent of the
funds are spent outside of China. But this amendment ignores 99 percent
of the programs and cuts off our contribution solely over China. If
this amendment should pass, more unwanted children will come into the
world, and more unnecessary abortions will occur.
I strongly urge my colleagues to oppose the amendment.
Mr. SMITH of New Jersey. Madam Chairman, I yield 2 minutes to the
distinguished gentleman from Pennsylvania (Mr. Pitts).
Mr. PITTS. Madam chairman, I rise in strong support of this
amendment.
The Chinese government has a policy of killing unborn children it
deems a waste of valuable space in one of the world's largest
countries. And the UNFPA's response to this policy? Turn a blind eye to
the practice of forcing women to kill their unborn children. In fact,
it has gone so far as to praise China's population control tactics.
Until that changes, UNFPA should not get a dime of the U.S. taxpayers'
money.
Last year the State Department said that the UNFPA, and I quote, ``is
helping improve the administration of local family planning offices
that are effectively coercing women to have abortions.'' Witnesses have
testified in the Committee on International Relations that the UNFPA
shares office space in one Chinese county with the Chinese Office of
Family Planning. That is the very same agency carrying out these
coercive practices. And after these revelations, did the UNFPA change
its ways? No. Instead, it claimed ignorance.
[[Page H6768]]
As we debate this bill, let us face the truth. UNFPA actively and
passively supports the policy of forcing women to kill their unborn
children based on the debatable claims that it controls population
growth. Is that really what we want to support or encourage? I do not
think so. If we truly care about human rights, we should support
programs that work, programs that uphold the dignity of human life, not
programs that allow a repressive communist government to enforce a
systematic effort of abuse, repression, and forced abortion.
Some in this body are more committed to using taxpayer money to force
Chinese women to have abortions because they have chosen to have
children. They are so deeply committed to forcing these women to have
abortions that they have already prevented us from sending more than
$60 million to people in need.
Make no mistake about it, UNFPA is in bed with Beijing on forced
abortions, and if we fund UNFPA, Beijing gets stronger. If we fund
UNFPA, we only encourage the regime's strategy of exterminating the
babies they do not want; and we should not do that.
Mr. CROWLEY. Madam Chairman, I yield 1 minute to the gentlewoman from
California (Ms. Lee), the cosponsor of this amendment.
Ms. LEE. Madam Chairman, I rise today in strong opposition to the
Smith amendment to deny basic, urgently needed health services to poor
women living in over 141 countries around the globe. This dangerous
amendment would strip the amendment that we successfully offered on a
bipartisan basis in committee to restore UNFPA funding.
UNFPA saves the lives of women and their children. It prevents
abortions, and it provides basic HIV/AIDS prevention services.
Madam Chairman, an overwhelming majority of this House voted for and
the President recently signed into law an HIV/AIDS initiative. UNFPA
funding is yet another important source of funding in the fight against
the deadly pandemic and should be supported. Every day UNFPA is
fighting the spread of HIV and AIDS and is saving the lives of hard-to-
reach women in hard-to-reach places all around the world.
Finally, for those who are trying to turn this debate into a debate
about abortion, let me clarify once more, not one single penny of UNFPA
funds goes towards abortion. The Crowley-Lee amendment included in the
bill strengthens the fact, and that is the reality. I urge a no on the
Smith amendment.
Mr. GREENWOOD. Madam Chairman, I yield 2\1/2\ minutes to the
gentlewoman from Connecticut (Mrs. Johnson).
Mrs. JOHNSON of Connecticut. Madam Chairman, I thank the gentleman
for yielding me this time.
Study after study and the experience of nation after nation has
demonstrated that the more knowledge women have of how to control their
reproductive capability, the more the abortion rate declines. We have
seen this in spades in Russia and in countries around the world. Give
women the knowledge they need to assume their family planning
responsibilities, and they do not have abortions.
So why would you want to deny the women of Haiti $2.8 million in
family planning funds and all of the women's health that accompanies
these funds, all of the education women gain about how to care for
themselves, how to have healthy babies as opposed to unhealthy babies,
how to have safe deliveries, how to recover postpartum?
Why would you want to deny the women of Nicaragua $1.1 million in
women's healthcare and in safe pregnancies?
Why would you want to deny the women of El Salvador $600,000?
Nigeria, a country in which there is terrible starvation, terrible
deprivation, women get terrible healthcare and children die of hunger
routinely, why would you want to deny the women of Nigeria $5.3 million
so they could have the knowledge to handle their reproductive
capabilities responsibly, plan their families so their children are
spaced far enough apart, so their children survive and they survive to
care for their children?
Why would you want to deny the women of Pakistan $4.1 million, India
$13 million, and so on?
I do not comprehend. Why? Because China has a policy we absolutely
oppose. So let's withhold our funds from China, but not from the rest
of the women of the world!
{time} 1345
Why can we not help us focus, as we have been willing to, on the
problem in China? But do not deny the women of the world the power of
knowledge, because it is that power of knowledge that helps them have
healthy pregnancies, healthy babies, and reduces the rate of abortions
dramatically; and that is a fact that cannot be denied.
Mr. SMITH of New Jersey. Madam Chairman, I yield myself 15 seconds to
remind my colleagues that we provide almost half a billion dollars in
family planning monies that go to Haiti, that go to Nicaragua, that go
to El Salvador. We provide government-to-government and through
nongovernmental organization support. And the money that does not go to
the UNFPA will be reprogrammed dollar-for-dollar for these kinds of
services.
Madam Chairman, I yield 2 minutes to the distinguished gentlewoman
from Virginia (Mrs. Jo Ann Davis).
Mrs. JO ANN DAVIS of Virginia. Madam Chairman, I rise today in
support of the Smith-Oberstar-Hyde amendment to H.R. 1950.
Madam Chairman, I am deeply troubled by the $25 million included in
this bill for the United Nations Population Fund. The UNFPA has been
proven to be an active participant in China's coercive population
program. Secretary Colin Powell, following an investigation into the
UNFPA's family planning programs, concluded that the ``UNFPA's support
of, and involvement in, China's population-planning activities allows
the Chinese government to implement more effectively its program of
coercive abortion.''
Madam Chairman, by funding UNFPA, we are permitting women in China to
be victimized through this policy of forced abortion and involuntary
sterilization. Certainly these women deserve better than that. No
woman, no woman should be forced to have an abortion. Yet this is
precisely how the Chinese government enforces its population control
agenda, with the assistance of UNFPA. Madam Chairman, we cannot support
this egregious violation of human rights and violence against women.
By permitting the Crowley provision to remain in this bill, we will
allow U.S. taxpayer dollars to be used to support coercive abortion
practices overseas. To me, this is unthinkable. U.S. funds should not
be connected to any program that is at all involved in a coercive
population program, whether directly or indirectly. Due to the clear
evidence of UNFPA's involvement in China, we cannot allow our taxpayers
to contribute to this organization.
Madam Chairman, UNFPA fails women through its participation in
China's policy of coercive abortion. Regardless, regardless of where
one stands on the issue of abortion, I think we can all agree that no
woman, no woman should be forced to abort her child. My colleague from
Connecticut spoke earlier about denying women of Nigeria, Pakistan,
Haiti, and so forth. But Madam Chairman, I do not want to deny the
women of China the right to have their children.
I urge my colleagues to protect the fundamental human rights of women
and children and support the Smith-Oberstar-Hyde amendment.
Mr. CROWLEY. Madam Chairman, I yield 1 minute and 15 seconds to the
gentlewoman from New York (Mrs. Lowey).
Mrs. LOWEY. Madam Chairman, I rise in strong opposition to this
amendment and in support of funding for UNFPA.
The language this amendment's sponsors are trying to strike is
simple. It says that no U.S. funds go to UNFPA if it directly supports
coercive abortion and involuntary sterilization. That is in the bill.
My colleagues may argue that we devote enough to bilateral
international family planning programs, that UNFPA is unnecessary. I
say that while USAID reaches families in 58 countries, UNFPA reaches
141. In which of the 83 countries in question are there women whom we
do not want to help?
My colleagues may argue that our bilateral programs are comprehensive
[[Page H6769]]
and UNFPA's is merely repetitive. I point to UNFPA's recent study on
obstetric fistula. UNFPA is helping countries in sub-Saharan Africa to
fix this terrible problem; USAID, to date, has done nothing.
My colleagues may argue that the language in question today waters
down current law. I say that it clarifies current law, maintaining its
strength while ensuring it cannot be misinterpreted in order to cut off
funding to life-saving programs.
Madam Chairman, our refusal to fund UNFPA simply makes no sense. We
do not champion human rights by cutting off UNFPA. What we do is
prevent women from understanding what their rights are. We do not save
women from coercive practices by cutting off UNFPA. We do, however,
destroy an organization that is often the only place women can go to
for basic medical and reproductive health care.
Please vote against this amendment.
Madam Chairman, I rise in opposition to this amendment, which would
strike common-sense foreign policy from this bill.
The language in question here is simple--it says that no U.S. funds
can go to UNFPA if it directly supports or participates in coercive
abortion and involuntary sterilization. It codifies the notion that
respect for human rights and individual choice are critical components
of our identity as Americans, and they should be essential parts of our
foreign assistance program.
The language in question fixes an egregious error in current law, an
ambiguously-written, overly broad provision that allows politics--not
sound policy--to decide where our foreign aid dollars go. Current law
has prevented U.S. funding from reaching UNFPA programs since 2001--
deeply injuring an organization that saves the lives of the poorest of
the poor women and children around the world.
My colleagues may argue that it is enough that we devote hundreds of
millions of dollars to bilateral international family planning
programs. I say that while USAID reaches families in 58 countries,
UNFPA reaches families in 141 countries. In which of the 83 countries
in question are there women whom we don't want to help?
My colleagues may argue that our bilateral programs are
comprehensive, eliminating the need for UNFPA's repetitive programs. I
point to UNFPA's recent study on obstetric fistula, a debilitating
result of unattended childbirth that affects more than 2 million women
in Africa alone. UNFPA is providing technical and programmatic
assistance to countries in sub-Saharan Africa with the will to fix this
horrific problem; USAID, to date, has done nothing.
My colleagues may argue that the language in question today waters
down current law. I say that it merely clarifies current law, to ensure
it cannot be misinterpreted in order to cut off funding to life-saving
programs around the world.
Our continued refusal to fund UNFPA should embarrass us, because it
simply makes no sense. We do not champion human rights by cutting off
UNFPA--we all know that you can't solve problems by attacking the
problem-solvers. What the withholding does is prevent women from
understanding what their rights actually are.
We do not save women from coercive practices by cutting off UNFPA. We
do, however, destroy an organization that, in many countries, is the
only place women can turn to for medical care and basic contraceptive
products. The only point we make by zero funding UNFPA is that we do
not care about the world's most vulnerable women. And that does not
adequately reflect what the American people--and even the sponsors of
this amendment--feel.
I urge my colleagues to oppose this amendment. Let's put politics
aside and allow common-sense, basic human decency, and the merit of
UNFPA's work dictate our foreign policy.
Mr. GREENWOOD. Madam Chairman, I yield 2 minutes to the gentleman
from Maryland (Mr. Hoyer).
(Mr. HOYER asked and was given permission to revise and extend his
remarks.)
Mr. HOYER. Madam Chairman, I thank the gentleman from Pennsylvania
(Mr. Greenwood) for yielding me this time.
The gentleman from New Jersey (Mr. Smith) is my good friend, but this
amendment is misguided. I do not believe that the vast majority of the
American public agree with the proposition in this amendment.
The fact is, this issue is not about abortion. It is about the health
of millions of women and children in some of the poorest nations in the
world. The United Nations Population Fund is the single largest global
source of multilateral funding for maternal health and family planning
programs, supporting programs in 150 developing nations. It helps
mothers deliver healthy babies through prenatal care and safe delivery
kits and counseling. It enables couples to determine the number and
spacing of their children through the voluntary, and I stress
voluntary, use of safe modern contraception. The gentleman from New
Jersey, I do not think, believes in that, and I understand that.
This program reduces the incidence and prevents the transmission of
HIV/AIDS and others sexually transmitted diseases.
Let us be clear. The United Nations Population Fund does not provide
abortion or abortion services anywhere in the world. Not one penny of
program funding is used to promote or to perform abortions. In fact,
the U.N. Population Fund program in China was developed with the
express purpose of moving China away from coerced abortion and
involuntary stabilization practices.
I urge my colleagues to vote against this amendment and to support
the bipartisan provision offered by the gentleman from New York (Mr.
Crowley) that was adopted in committee.
Today, we do not ask the proponents of this amendment to abandon
their deepest principles on abortion. They should not now ask us to put
our heads in the sand and ignore the plight of millions of women and
children.
Mr. SMITH of New Jersey. Madam Chairman, I yield 2 minutes to the
distinguished gentleman from Missouri (Mr. Akin).
Mr. AKIN. Madam Chairman, the question is really whether U.S. dollars
are going to be funding forced abortions. U.S. dollars may be used for
some other things as well, but this amendment is dealing the
restrictions to make sure that there will be no forced abortions. So if
we vote ``yes'' on the amendment, then what we are going to do is
effectively maintain the current ban on U.S. taxpayers' dollars being
used to force abortions.
I recall when this came up, it was really quite a number of years
ago, but it was an unusual situation. A professor from Stanford
University had gone to China and was absolutely amazed at what he saw
in their delivery rooms, the fact that women were being forced to have
abortions. Those were the better-equipped delivery rooms. The other
delivery rooms had buckets full of water, and the unwanted children
were simply drowned.
Now, China has had this policy for some time. The question is whether
or not we want to coerce our taxpayer dollars, first of all, to go and,
second of all, to kill these children.
Well, the end of the story was that the professor talked about this
publicly. It upset Stanford because they had so many Chinese students.
Stanford told the professor to be quiet. He refused to be quiet, and he
lost his job. But the damage was done. The American people found out
about coerced abortions.
So it is ironic, it seems to me, that in the name of choice, that we
are forcing taxpayers to pay their money and forcing women to have
abortions.
Madam Chairman, I urge my colleagues to support the amendment and
have no part of any coercion whatsoever.
Mr. GREENWOOD. Madam Chairman, I yield myself 10 seconds to note that
the Stanford University professor who was just quoted, Steven Mosher,
was kicked out of Stanford in the 1980s for academic fraud and
misappropriation of university funds.
Mr. CROWLEY. Madam Chairman, I yield 1 minute to the gentlewoman from
New York (Mrs. Maloney), a leader on this issue.
Mrs. MALONEY. Madam Chairman, I thank my colleagues, the gentleman
from New York (Mr. Crowley) and the gentleman from Pennsylvania (Mr.
Greenwood), for their extraordinary leadership in saving the lives of
women and children around the world.
I will place in the Record two reports that will help clarify this
debate. Members on the other side of the aisle, the gentleman from New
Jersey (Mr. Smith) and others, have talked about the China policy; and
I will place in the Record the report from the British Government and
the report from the President's own hand-picked investigatory team
which found that UNFPA was not participating in any way in coercion or
forced abortion in China, so it is clear and in the Record.
[[Page H6770]]
Now, let me tell my colleagues what this debate is really about. This
debate is about saving women's lives around the world through
international family planning. Over 1,600 women die each day in
childbirth. That is roughly 600,000 women, at a minimum, each year. It
is equivalent to two Boeing jets crashing each day.
What UNFPA is about is about handing out safe birthing kits to needy,
poor women.
The CHAIRMAN pro tempore (Mrs. Capito). The time of the gentlewoman
has expired.
Mr. GREENWOOD. Madam Chairman, I yield 30 seconds to the gentlewoman
from New York (Mrs. Maloney).
Mrs. MALONEY. Madam Chairman, it includes simple things like a
plastic mat, a razor, soap; basic items that can provide the necessary
items that prevent the death of a woman in childbirth. That is what
UNFPA is about.
Madam Chairman, 150 countries cannot be wrong. They support the
efforts of UNFPA. Our country should be there too, helping the poor
women and children around the world, not cutting off needed supplies
like this birthing kit that only saves the lives of women in
childbirth. And if my friends on the other side support life so much,
they would support UNFPA's efforts to save the lives of women and
children around the world.
The President's own handpicked investigatory team found that UNFPA
was not participating in coercion.
In sum, based in what we saw, heard, and read, we find no
evidence that UNFPA has knowingly supported or participated
in the management of a program of coercive abortion or
involuntary sterilization in the PRC. Indeed, UNFPA has
registered its strong opposition to such practices. (Team
Report to Colin Powell, July 22, 2002)
A team composed of members of Parliament from the UK in July 2002
found that UNFPA was not participating in coercion.
The [delegation] was convinced that the UNFPA program is a
force for good, in moving China away from abuses such as
forced-family planning, sterilizations, and abortions . . .
It is vitally important that the UNFPA remains actively
involved in China, with continued financial support from the
UK and other Western Governments. (Report filed by MPs
Christine McCafferty, Edward Leigh, and Norman Lamb (July 2,
2002) and forwarded to the U.S. State Department)
Mr. SMITH of New Jersey. Madam Chairman, I yield 2 minutes to the
gentleman from Indiana (Mr. Pence), my good friend and colleague.
(Mr. PENCE asked and was given permission to revise and extend his
remarks.)
Mr. PENCE. Madam Chairman, I thank the gentleman for yielding me this
time.
I want to be clear on this issue. I am pro-life and I do not
apologize for it, but there is no choice in China.
{time} 1400
There is no woman's right to choose in China. There is a policy of
forced coercive abortion and family planning. Whether or not academics
who first observed it were discredited entirely, there is a policy of
forced abortion. And with regard to the UNFPA's role, Madam Chairman, I
will quote none other than Secretary of State Colin Powell, July 21,
2002, saying, ``The UNFPA's support of and involvement in China's
population planning activities allows the Chinese government to
implement more effectively its program of coercive abortion; therefore,
it is not permissible to continue funding of the UNFPA at this time.''
So said Secretary of State Colin Powell.
It is why we are here today, because there is an attempt to change
the language first adopted in Kemp-Kasten in the 1985 Supplemental
Appropriations Acts that barred funding to organizations that support
or participate in the management of a program of coercive abortion or
involuntary sterilization. The language adopted in the Committee on
International Relations essentially creates a safe harbor where, as
long as the UNFPA claims ignorance of China's barbaric birth control
policies, they can receive U.S. funds.
The reality is that UNFPA has a history of supporting China's
coercive family planning program. Sven Burmeister of the UNFPA actually
called China's population control policies ``a gift to mankind.''
It is barbarism at its worst. I stand, therefore, in strong support
of the Smith-Oberstar-Hyde amendment. It is not time to back up on
fundamental human rights protections.
Mr. CROWLEY. Madam Chairman, I yield 30 seconds to the gentlewoman
from California (Ms. Solis).
Ms. SOLIS. Madam Chairman, I rise in strong opposition to the Smith
amendment and strongly support international family planning programs,
the United Nations Population Fund, and the Crowley-Lee amendment. The
UNFPA fund helps promote family services and maternal child health
care.
Last year, I had an opportunity to visit Nicaragua. As some of you
know, I am half Nicaraguan. I got to see the work that was happening
out there to help improve the lives of women and their children. And in
Nicaragua, UNFPA fund is working to train midwives, midwifes working in
maternity houses that offer free shelter, medical counselling and
assistance to high-risk pregnant women.
Madam Chairman, I rise in opposition to the Smith Amendment. I
strongly support international family planning programs, the United
Nations Population Fund, and Crowley Lee Amendment.
UNFPA helps promote family services and maternal and child health
care.
It successfully operates in 34 countries in Latin America and the
Caribbean and works to increase the number of skilled birth attendants
and reduced high rates of maternal and infant mortality.
In Nicaragua, UNFPA is working to train midwives working in maternity
houses that offer free shelter, medical counseling and assistance to
high-risk pregnant women, I had a chance to visit and hear about these
successes.
As a result, these UNFPA funded maternity homes have helped to reduce
maternal mortality in Nicaragua, but many are facing severe funding
shortages and may be forced to shut down.
The United States should be helping UNFPA address the continuing
unmet need for reproductive and maternal health services in Latin
America and around the world!
Mr. GREENWOOD. Madam Chairman, how much time remains?
The CHAIRMAN pro tempore (Mrs. Capito). The gentleman from
Pennsylvania (Mr. Greenwood) has 3 minutes remaining. The gentleman
from New Jersey (Mr. Smith) has 4\1/2\ minutes remaining. The gentleman
from New York (Mr. Crowley) has 3\1/4\ minutes remaining.
Mr. GREENWOOD. Madam Chairman, I yield 1\1/2\ minutes to the
gentleman from Illinois (Mr. Kirk).
Mr. KIRK. Madam Chairman, I urge the defeat of this amendment, not
because of my concerns over what is happening in China but my concerns
over what is happening in Mexico. If you believe that we should reduce
the population growth of Mexico, then you should be for the United
Nations Population Fund which contributes to their program.
Is anyone in this Chamber concerned with the population of Haiti? If
you are concerned with overly robust immigration from Haiti, especially
illegal immigration, we should be concerned about smaller family size
in that country. The UNFPA does that. And Nicaragua and Guatemala and
El Salvador.
But much more directly, the Central Intelligence Agency has
identified several countries of long-term concern to the United States,
particularly the government of Pakistan which they believe may not
survive this century. Are you concerned about population pressures
there? Are you concerned about large numbers of Pakistanis entering the
job market and not finding a job? Well, I am; and the UNFPA is directly
supporting the Pakistani family planning program.
More directly, how about the UNFPA efforts to reduce the population
size and pressure on Liberia, a government of direct interest to the
U.S. national security community at this time? Or what about the mother
of all countries in the Middle East undergirding our peace process
there, Egypt? The UNFPA is the way that we support the Egyptian family
planning program.
I would urge the defeat of this amendment for Mexico, for Haiti, for
Pakistan, for Liberia, for Egypt.
Mr. SMITH of New Jersey. Madam Chairman, I yield 2 minutes to the
gentleman from Iowa (Mr. King.)
Mr. KING of Iowa. Madam Chairman, I thank the gentleman for yielding
me time.
I support the Smith-Oberstar-Hyde amendment which removes the Crowley
amendment. The Crowley amendment to H.R. 1950 renders impotent
[[Page H6771]]
previous language known as the Kemp-Kasten anti-coercion provision, a
long-standing provision that allows the President to withhold funding
from organizations and programs that were supporters or participants in
the management of a program of coercive abortion or involuntary
sterilization.
The Crowley amendment replaces this easy-to-use oversight language
with language that would make it virtually impossible to pull the plug
on funding to questionable organizations, by requiring they ``knowingly
and intentionally'' support the coercive program being carried out.
Should not the fact that an organization merely subsidizes the effort
of coercive abortions or forced sterilization be enough of a connection
to make their hands too dirty to be trusted with taxpayer money?
The knowingly and intentionally standard is difficult and perhaps
impossible to prove. It would allow offenders to invade the prohibition
and receive United States tax dollars to subsidize forced abortions and
sterilizations.
Quite frankly, we should not have to go through with a virtually
impossible task of definitively establishing that an organization
knowingly and intentionally supported a tyrannical government's
coercive abortion practices. On the contrary, those organizations
should have to prove to the nations funding them that they
unequivocally do not force women to have abortions or undergo
sterilizations in any way. An organization's mere connection to and
support of a tyrannical government's overall population control
infrastructure is compelling enough evidence that they should not
receive funding.
Organizations that, wittingly or unwittingly, directly or indirectly,
support the population control systems of a nation that forces a woman
to undergo an abortion or take away a woman's availability to have a
child have no business receiving U.S. tax dollars.
Mr. CROWLEY. Madam Chairman, I yield 30 seconds to the gentlewoman
from California (Mrs. Capps).
Mrs. CAPPS. Madam Chairman, I urge this House to reject the Smith
amendment.
Slashing our contribution to the United Nations Population Fund would
sacrifice the health and safety of some of the poorest women and
children around the world. This program provides critical maternal
health, emergency assistance for refugees, reproduction education,
prevention and treatment for HIV and AIDS, and critical care for
infants and children.
I saw with my own eyes recently in South Africa that this program is
the only health care that many families receive. This Congress should
know that each year we hold our funding hostage to the divisive
politics we cost impoverished women and children their lives. Defeating
this amendment is essential for child survival and AIDS prevention.
Millions of orphans around the world are pleading with us.
Mr. SMITH of New Jersey. Madam Chairman, I yield myself 30 seconds.
Madam Chairman, presumably the gentleman from California (Mr.
Lantos), the gentleman from Pennsylvania (Mr. Greenwood) and virtually
everybody in this Chamber opposes the tyrannical forced abortion policy
of China, but not the UNFPA. Let me say that again, not the United
Nations Population Fund.
Their representative has called this the most successful family
planning policy in the history of mankind. They call it voluntary when
it is not. They aid and abet this cruel policy in many, many tangible
ways.
The State Department has it right. In the 32 counties as well as in
the rest of China, when a woman gets pregnant and the baby is out of
``plan'', in other words, an illegal pregnancy--an illegal child--she
faces Draconian fines of up to 6 years of salary. That is what compels
the abortion. Desperate, with nowhere to turn, she aborts the child to
avoid those fines. I urge support for Smith-Oberstar-Hyde amendment.
Mr. GREENWOOD. Mr. Chairman, I yield 30 seconds back to the gentleman
from New York (Mr. Crowley).
Mr. CROWLEY. Mr. Chairman, I yield 30 seconds to the gentleman from
Ohio (Mr. Kucinich).
Mr. KUCINICH. Mr. Chairman, in opposing the amendment we recognize
that reproductive rights embrace certain human rights. We respect the
rights of women to make personal decisions on the number, spacing, and
timing of children they wish to bear, what type of birth control she
chooses, and the right for health, including sexual health.
The UNPF is one of the most successful foreign aid programs that
achieves these goals. By denying UNFPA funding to women in poor
countries, we deprive them of human rights. UNFPA estimates that $69
million could prevent 4 million unwanted pregnancies, prevent 1.6
million abortions, prevent 9,400 maternal deaths and prevent 1,200
cases of serious material injury and illness.
Mr. SMITH of New Jersey. Mr. Chairman, we have one final speaker to
close debate on my side.
Mr. CROWLEY. Mr. Chairman, I will reserve the right to close.
Mr. Chairman, I yield 1 minute to the gentleman from Ohio (Mr. Ryan).
Mr. RYAN of Ohio. Mr. Chairman, I thank the gentleman from New York
(Mr. Crowley) for yielding me time.
Mr. Chairman, we know that China participates in forced abortions and
we all want that to end, but the argument that we are hearing from the
other side is that, if we fund this program, that frees money up for
China to participate with forced abortions. So that also means,
logically, that the money that Secretary Thompson is using for HIV and
AIDS investing in China is also freeing up money for them to use for
forced abortions; and it also means the free trade deals that we sign
that allow Motorola and other companies to put investment into China
also frees up money for them to used for coerced abortion.
That does not make any sense. We all want to prevent abortions. That
means funding this program will stop 800,000 abortions. That is the
goal. Nobody wants coerced abortions in this Chamber. Nobody. Let us
make the proper decision. Let us have preventative medicine and let us
prevent 800,000 abortions right now with one vote.
I oppose this amendment. Vote it down. Keep the Crowley language.
Mr. GREENWOOD. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, this is one of those days when I stand on the floor and
wonder what it is that we are fighting about because our values are so
common in so many ways.
Every one of us agrees not a penny of this money should go for
abortions, and it does not. Everyone agrees that the policy of coerced
abortion is an abomination. It is horrible.
The gentleman from New Jersey came to the floor with an amendment
that said if this administration finds that UNFPA is engaged in helping
coerced abortions to occur, we would get a 100 percent vote for it. If
he said that, the funding to China or the UNFPA would stop. That is not
what he has done.
What he has done is similar to in the movies when the bad guys come
to town and somebody did something they did not like, so they line them
up and they shoot them up.
The Smith amendment lines them up and shoots them all. It shoots them
in Haiti. It shoots the program down in Nicaragua, throughout Africa,
throughout Asia, throughout the world. All of the good that the
gentleman says he supports he cuts in half with his amendment. Because,
despite the fact that this administration said we find no evidence that
the UNFPA has knowingly supported or participated in the management of
coercive abortions, he suspects that perhaps there is an inkling that
they do.
Mr. SMITH of New Jersey. Mr. Chairman, I yield our remaining time to
the gentleman from Illinois (Mr. Hyde), the distinguished chairman of
the Committee on International Relations, to close debate for our side.
Mr. HYDE. Mr. Chairman, I thank the gentleman from New Jersey (Mr.
Smith) very much for yielding me time.
I really do not know where to begin. We have all agreed that the
Chinese population control program is coercive and, therefore,
violative of human rights. We ought to stay a thousand miles away from
anything that facilitates that. And yet this money that we give to the
population control fund facilitates the Chinese program.
Now, what no one has mentioned today is the law in China. The
population and family planning law which was adopted a couple of years
ago has
[[Page H6772]]
some chilling phrases in it. Citizens who give birth to a child in
violation of Article 18 of this law may be ordered to pay a premium to
a fund. Yes, they are ordered to pay a premium triple the yearly income
which forces an abortion, coerces an abortion. And guess who enforces
the Chinese population law? The People's Liberation Army, the Chinese
People's Liberation Army enforces their population law.
Now, I listened very carefully to criticisms that the countries are
going to be denied family planning. We are the largest spender on the
globe, in the galaxy for family planning, and nobody will be denied
anything. It just does not go through the U.N. You know the U.N. That
is the organization that supplanted us on the Commission for Human
Rights with Libya.
Now, if you think it is important for us to worry about the
population of Mexico, as one of the late speakers did, I can understand
a Mexican listening to that and saying, who are they to worry about our
population?
I am out of time. I just want to say I am just getting wound up, but
that is the way it goes. I hope you support the Smith amendment.
{time} 1415
Mr. CROWLEY. Mr. Chairman, before closing, I yield 30 seconds to the
gentlewoman from Colorado (Ms. DeGette).
Ms. DeGETTE. Mr. Chairman, I thank the gentleman for yielding me the
time, and I thank him for his leadership on this issue.
As a woman and a Member of Congress, I am appalled to think that we
would cut money for family planning in order to say we are cutting
money from abortion. If we have family planning, all around the world
we will reduce the number of abortions; and it seems to me that is a
good thing.
The UNFPA money is not going to force abortions in China. This is a
red herring. The former director of that group said any form of
coercion is unacceptable.
Vote ``no'' on this ill-conceived amendment.
Mr. CROWLEY. Mr. Chairman, I yield myself the remaining time.
I will close by just saying that I have enormous respect for the
authors of this amendment, the gentleman from New Jersey (Mr. Smith),
the gentleman from Illinois (Mr. Hyde), and the gentleman from
Minnesota (Mr. Oberstar).
The gentleman from New Jersey (Mr. Smith) has a stellar record when
it comes to the issue of human rights, and I applaud him for that. We
just simply do not agree on this issue.
If I believed that or any part of my body believed or my soul
believed that the UNFPA was engaged in any form of forced abortion
anywhere in the world, I would be the first person supporting their
amendment. I just do not believe that to be the case.
I have seen the benefit of UNFPA in the world. I have been to Africa.
I have been to Asia. I have been to Bangladesh and India and China. I
have seen the abuses in China, and I do not agree with them. I do not
agree with China on just about anything, but that does not mean we
should gut a program that has worked all around this world to save
lives.
Let me just say this in closing. Dr. Nafis Sadik, the former
executive director of UNFPA, said, ``Any form of coercion is completely
unacceptable, on practical as well as ethical grounds. Coercion is a
violation of human rights. Although it is every country's sovereign
right to determine its own policy, that right does not extend to
coercive practices. The assumption behind coercion, that women are
inferior, incapable of independent decision making, not to be trusted,
are also those that undermine sustainable development.''
The choice is really clear. If you support family planning, you will
oppose the Smith-Oberstar-Hyde amendment.
Mr. SHAYS. Mr. Chairman, I rise in opposition to this harmful
amendment.
Cutting funds to the United Nations Population Fund will prevent
vital assistance for poor women and children in developing countries.
UNFPA's programs help families prevent unwanted pregnancies, undergo
childbirth safely, avoid STDs including HIV/AIDS, and combats violence
against women. I cannot understand how, in good conscience, a member
could vote to cut these programs.
I believe we must support UNFPA and its family planning initiatives
because world population continues to grow out of control. In 1960,
there were 3 billion people that lived on this Earth. Today, there are
6 billion people; and in 40 years, without worldwide family planning
services, it will rise to nearly 9 billion. The UNFPA responds to this
growth by assisting the world's poorest countries in formulating
population policies and strategies. Overpopulation threatens not only
the world's political stability, but our global environment as well.
As a former Peace Corps volunteer, I can attest to the substantial
contributions international family programs make to economic
development, higher living standards and improved health nutrition.
We need to defeat the Smith/Hyde amendment.
Mr. CROWLEY. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore (Mr. Ose). All time having expired, the
question is on the amendment offered by the gentleman from New Jersey
(Mr. Smith).
The question was taken; and the Chairman pro tempore announced that
the ayes appeared to have it.
Mr. CROWLEY. Mr. Chairman, I demand a recorded vote, and pending
that, I make the point of order that a quorum is not present.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New Jersey
(Mr. Smith) will be postponed.
The point of no quorum is considered withdrawn.
It is now in order to consider amendment No. 2 printed in House
Report 108-206.
Amendment No. 2 Offered by Mr. Hyde
Mr. HYDE. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. Hyde:
Strike section 1 of the bill and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Millennium Challenge
Account, Peace Corps Expansion, and Foreign Relations
Authorization Act of 2003''.
Strike subsection (a) of section 2 of the bill and insert
the following:
(a) Organization of Act Into Divisions.--This Act is
organized into four divisions as follows:
(1) Division a.--Millennium Challenge Account Act of 2003.
(2) Division b.--Peace Corps Expansion Act of 2003.
(3) Division c.--Department of State Authorization Act,
Fiscal Years 2004 and 2005.
(4) Division d.--Defense Trade and Security Assistance
Reform Act of 2003.
Redesignate division A of the bill as division C of the
bill (and conform all titles, subtitles, and sections therein
accordingly, and make all other related technical and
conforming amendments).
Redesignate division B of the bill as division D of the
bill (and conform all titles, subtitles, and sections therein
accordingly, and make all other related technical and
conforming amendments).
Insert after section 3 of the bill the following two new
divisions (and conform the table of contents accordingly):
DIVISION A--MILLENNIUM CHALLENGE ACCOUNT
TITLE I--GENERAL PROVISIONS
SEC. 101. SHORT TITLE.
This division may be cited as the ``Millennium Challenge
Account Act of 2003''.
SEC. 102. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations and the
Committee on Appropriations of the House of Representatives;
and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(2) Board.--The term ``Board'' means the Board of Directors
of the Corporation established pursuant to section 303 of
this Act.
(3) Compact.--The term ``Compact'' means the Millennium
Challenge Compact described in section 204 of this Act.
(4) Corporation.--The term ``Corporation'' means the
Millennium Challenge Corporation established under section
301 of this Act.
(5) Council.--The term ``Council'' means the Millennium
Challenge Advisory Council established under section 308 of
this Act.
(6) Millennium development goals.--The term ``Millennium
Development Goals'' means the key development objectives
described in the United Nations Millennium Declaration, as
contained in United Nations General Assembly Resolution 55/2
(September 2000), which aim to eradicate extreme poverty and
hunger, achieve universal primary education, promote gender
equality and empower women, reduce child mortality, improve
maternal health, combat HIV/AIDS,
[[Page H6773]]
malaria, and other infectious diseases, ensure environmental
sustainability, and develop a global partnership for
development.
SEC. 103. SUNSET.
All authorities under this division (other than title IV)
shall terminate on October 1, 2007.
TITLE II--MILLENNIUM CHALLENGE ASSISTANCE
SEC. 201. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) A principal objective of United States foreign
assistance programs, as stated in section 101 of the Foreign
Assistance Act of 1961, is the ``encouragement and sustained
support of the people of developing countries in their
efforts to acquire the knowledge and resources essential to
development and to build the economic, political, and social
institutions which will improve the quality of their lives''.
(2) The expanding acceptance of free trade and open markets
and the spread of democracy and the rule of law have brought
a better way of life to an increasing number of people in the
world.
(3) Inequalities between men and women undermine
development and poverty-reduction efforts in fundamental
ways. A woman's limited access to resources and restrictions
on the exercise of her rights, including the right to
participate in social and political processes, disables her
from maximizing her contribution to her family's health,
education, and general well-being.
(4) On March 14, 2002, the President noted the successes of
development assistance programs: ``The advances of free
markets and trade and democracy and rule of law have brought
prosperity to an ever-widening circle of people in this
world. During our lifetime, per capita income in the poorest
countries has nearly doubled. Illiteracy has been cut by one-
third, giving more children a chance to learn. Infant
mortality has been almost halved, giving more children a
chance to live.''.
(5) Development is neither an easy process nor a linear
one. There are successes and there are failures. Today, too
many people are still living in poverty, disease has eroded
many of the economic and social gains of previous decades,
and many countries have not adopted policies, for a variety
of reasons, that would enable them to compete in an open and
equitable international economic system.
(6) More countries and more people will be able to
participate in and benefit from the opportunities afforded by
the global economy if the following conditions for sound and
sustainable economic development are met:
(A) Security.--Security is necessary for economic
development. Persistent poverty and oppression can lead to
hopelessness, despair, and to failed states that become
havens for terrorists.
(B) Policies that support broad-based economic growth.--
Successful long-term development can only occur through
broad-based economic growth that enables the poor to increase
their incomes and have access to productive resources and
services so that they can lead lives of decency, dignity, and
hope.
(C) Democracy and the rule of law.--Democratic development,
political pluralism, and respect for internationally
recognized human rights are intrinsically linked to economic
and social progress. The ability of people to participate in
the economic and political processes affecting their lives is
essential to sustained growth. The rule of law and a
commitment to fight corruption is also critical to the
development of a prosperous society.
(D) Investments in people.--Economic growth and democracy
can be sustained only if both men and women have the basic
tools and capabilities that foster the opportunity for
participation in the economic, social, and political life of
their countries. Successful development of countries requires
citizens who are literate, healthy, and prepared and able to
work.
(7) Economic assistance programs authorized under part I of
the Foreign Assistance Act of 1961, as administered by the
United States Agency for International Development and other
Federal agencies, are of critical importance in assisting
countries to be in a position to maximize the effectiveness
of assistance authorized by this title.
(8) It is in the national interest of the United States to
help those countries that are implementing the economic and
political reforms necessary for development to occur.
(9) On March 14, 2002, the President stated that the
``growing divide between wealth and poverty, between
opportunity and misery, is both a challenge to our compassion
and a source of instability . . . [w]e must confront it . . .
[w]e must include every African, every Asian, every Latin
American, every Muslim, in an expanding circle of
development.''.
(10) The President has pledged that funds requested for the
Millennium Challenge Account shall be in addition to, and not
a substitute for, existing development and humanitarian
programs.
(11) Development assistance alone is not sufficient to
stimulate economic growth and development. Assistance has
been shown to have a positive impact on growth and
development in developing countries with sound policies and
institutions. If countries have poor policies and
institutions, however, it is highly unlikely that assistance
will have a net positive effect.
(12) Economic development, and the achievement of the
Millennium Development Goals, must be a shared responsibility
between donor and recipient countries.
(b) Statement of Policy Regarding a New Compact for Global
Development.--It is, therefore, the policy of the United
States to support a new compact for global development that--
(1) increases support by donor countries to those
developing countries that are fostering democracy and the
rule of law, investing in their people, and promoting
economic freedom for all their people;
(2) recognizes, however, that it is the developing
countries themselves that are primarily responsible for the
achievement of those goals;
(3) seeks to coordinate the disparate development
assistance policies of donor countries, and to harmonize the
trade and finance policies of donor countries with their
respective development assistance programs; and
(4) aims to reduce poverty by significantly increasing the
economic growth trajectory of beneficiary countries through
investing in the productive potential of the people of such
countries.
SEC. 202. AUTHORIZATION OF ASSISTANCE.
(a) Assistance.--The President, acting through the Chief
Executive Officer of the Millennium Challenge Corporation, is
authorized to provide assistance to eligible countries to
support policies and programs that advance the progress of
such countries in achieving lasting economic growth and
poverty reduction and are in furtherance of the purposes of
this title.
(b) Principal Objectives.--Assistance provided under
subsection (a) should advance a country's progress toward
promoting the following principal objectives:
(1) Fostering democratic societies, human rights, and the
rule of law.--The assistance should promote--
(A) political, social, and economic pluralism;
(B) respect for the rule of law;
(C) anti-corruption initiatives and law enforcement;
(D) development of institutions of democratic governance,
including electoral and legislative processes;
(E) transparent and accountable public administration at
all levels of government;
(F) a fair, competent, and independent judiciary; and
(G) a free and independent media.
(2) Fostering investment in education and health
infrastructure and systems.--The assistance should foster
improved educational opportunities and health conditions,
particularly for women and children, including through--
(A) support for programs and personnel that promote broad-
based primary education, including through the development of
academic curricula, by making available textbooks and other
educational materials, and through appropriate use of
technology;
(B) support for programs to strengthen and build
institutions, including primary health care systems,
infrastructure, facilities, and personnel that provide
quality health care;
(C) support for improved systems for the delivery of
healthy water and sanitation services; and
(D) support for programs that reduce child mortality
(including those programs that combat HIV/AIDS, malaria,
tuberculosis, and other infectious diseases, consistent with
sections 104(c), 104A, 104B, and 104C of the Foreign
Assistance Act of 1961).
(3) Promoting economic freedom, broad-based economic
growth, and fostering free market systems.--The assistance
should foster the institutions and conditions needed to
promote free market systems, trade, and investment,
including--
(A) the reform and restructuring of banking and financial
systems, including by allowing foreign competition in the
banking and financial sectors, where appropriate;
(B) the development of transparent and efficient commercial
codes and reduction in the regulatory burden on business;
(C) the protection of property rights, including--
(i) private property and intellectual property rights,
including through the adoption and effective enforcement of
intellectual property treaties or international agreements;
and
(ii) the establishment and maintenance of an efficient and
integrated legal property system that, among other things,
facilitates the ability of the poor, particularly women, to
convert physical and intellectual assets into capital, such
as utilizing existing practices and customs that allow assets
to be documented in a manner that makes the assets widely
transferable, leveragable, and fungible, that allows
individuals to hold legal title to their property, and that
holds owners accountable for transactions involving their
property;
(D) support for market-based policies that support
increased agricultural production;
(E) a strong commitment to sound monetary and budgetary
policies;
(F) the development of small businesses, private
cooperatives, credit unions, and trade and labor unions;
(G) the protection of internationally recognized workers'
rights; and
(H) the capacity of eligible countries to ameliorate damage
to the environment and respect other environmental standards.
[[Page H6774]]
SEC. 203. ELIGIBILITY AND RELATED REQUIREMENTS.
(a) Assistance for Low Income Countries.--
(1) Fiscal year 2004.--A country shall be eligible to
receive assistance under section 202 for fiscal year 2004
if--
(A) the country is eligible for assistance from the
International Development Association, and the per capita
income of the country is equal to or less than the historical
ceiling of the International Development Association for that
year, as defined by the International Bank for Reconstruction
and Development;
(B) subject to paragraph (3), the country is not ineligible
to receive United States economic assistance by reason of the
application of section 116, 490, or 620A of the Foreign
Assistance Act of 1961, or by reason of the application of
any other provision of law; and
(C) the Chief Executive Officer of the Corporation
determines that the country has demonstrated a commitment
to--
(i) bolster democracy, human rights, good governance and
the rule of law;
(ii) invest in the health and education of its citizens;
and
(iii) promote sound economic policies that promote economic
freedom and opportunity.
(2) Fiscal years 2005 and 2006.--A country shall be
eligible to receive assistance under section 202 for fiscal
years 2005 and 2006 if--
(A) the per capita income of the country is equal to or
less than the historical ceiling of the International
Development Association for the fiscal year involved, as
defined by the International Bank for Reconstruction and
Development;
(B) the country meets the requirements of paragraph (1)(B);
and
(C) the country meets the requirements of clauses (i)
through (iii) of paragraph (1)(C), as determined by the Chief
Executive Officer.
(3) Rule of construction.--For the purposes of determining
whether a country is eligible for receiving assistance under
section 202 pursuant to paragraph (1)(B), the exercise by the
President, the Secretary of State, or any other officer or
employee of the United States of any waiver or suspension of
any provision of law referred to in such paragraph shall not
be construed as satisfying the requirement of such paragraph.
(b) Assistance for Lower Middle Income Countries.--
(1) In general.--In addition to countries described in
subsection (a), a country shall be eligible to receive
assistance under section 202 for fiscal year 2006 if the
country--
(A) is classified as a lower middle income country in the
then most recent edition of the World Development Report
published by the International Bank for Reconstruction and
Development;
(B) meets the requirements of subsection (a)(1)(B); and
(C) meets the requirements of clauses (i) through (iii) of
subsection (a)(1)(C), as determined by the Chief Executive
Officer.
(2) Limitation.--The total amount of assistance provided to
countries under this subsection for fiscal year 2006 may not
exceed 20 percent of the total amount of assistance provided
to all countries under section 202 for fiscal year 2006.
(c) Assistance for Selected Low Income Countries.--
(1) In general.--A country shall be eligible to receive
assistance for any of fiscal years 2004 through 2006 solely
for the purpose of becoming eligible to receive assistance
under subsection (a) if the country--
(A) meets the requirements of paragraphs (1)(B) and (2)(A)
of subsection (a);
(B) demonstrates a commitment to meeting the requirements
of clauses (i) through (iii) of subsection (a)(1)(C), as
determined by the Chief Executive Officer; but
(C) fails to meet the eligibility criteria necessary to
receive assistance under section 202, as established under
subsection (e).
(2) Administration.--Assistance for countries eligible by
reason of the application of this subsection shall be
provided through the United States Agency for International
Development.
(3) Allocation of funds.--Of the amount authorized to be
appropriated under section 208(a) for a fiscal year, not more
than 15 percent of such amount is authorized to be
appropriated to the President for the fiscal year to carry
out this subsection.
(d) General Authority To Determine Eligibility.--
(1) General authority.--The Chief Executive Officer shall
determine whether or not a country is eligible to receive
assistance under section 202.
(2) Congressional notification.--Not later than 7 days
after making a determination of eligibility for a country
under paragraph (1), the Chief Executive Officer shall
provide notice thereof to the appropriate congressional
committees. Such notice shall include a certification of the
determination of the Chief Executive Officer that the country
meets the requirements of clauses (i) through (iii) of
subsection (a)(1)(C) in accordance with such subsection,
subsection (a)(2)(C), subsection (b)(1)(C), or subsection
(c)(1)(B), as the case may be.
(e) Eligibility Criteria.--
(1) Initial criteria and methodology.--At soon as
practicable after the date of the enactment of this Act, but
not later than 30 days prior to making any determination of
eligibility for a country under this section, the Chief
Executive Officer--
(A) shall consult in-person with the appropriate
congressional committees with respect to the establishment of
eligibility criteria and methodology that the Chief Executive
Officer proposes to use for purposes of determining
eligibility under this section;
(B) shall establish such eligibility criteria and
methodology; and
(C) shall prepare and transmit to such committees a written
report that contains such eligibility criteria and
methodology.
(2) Revisions to criteria and methodology.--If the Chief
Executive Officer proposes to use revised or different
criteria from the criteria described in paragraph (1) in
making a determination of eligibility for a country under
this section, then, not later than 15 days prior to making
such determination, the Chief Executive Officer shall consult
in-person with the appropriate congressional committees with
respect to such revised or different criteria and methodology
in accordance with paragraph (1)(A) and shall prepare and
transmit a written report in accordance with paragraph
(1)(C).
(f) Form of Assistance; Recipients.--
(1) Form of assistance.--Assistance provided under section
202 for a country shall be provided to one or more of the
entities described in paragraph (2) on a nonrepayable basis
and in accordance with a fair, open, and competitive
selection process that results in the awarding of such
assistance on a merit basis using selection criteria that are
made public by the Corporation in advance and are otherwise
in accordance with standard and customary best practices for
the provision of similar types of assistance.
(2) Recipients.--The entities referred to in paragraph (1)
are the following:
(A) The national government of the country.
(B) Regional or local governmental units of the country.
(C) Nongovernmental organizations, including for-profit,
not-for-profit, and voluntary organizations.
(D) International organizations and trust funds.
(g) Congressional Notification.--The Chief Executive
Officer may not make any grant or enter into any contract for
assistance for a country under section 202 that exceeds
$5,000,000 until 15 days after the date on which the Chief
Executive Officer provides notification of the proposed grant
or contract to the appropriate congressional committees in
accordance with the procedures applicable to reprogramming
notifications under section 634A of the Foreign Assistance
Act of 1961.
(h) Prohibition on Use of Funds.--The prohibitions on use
of funds contained in paragraphs (1) through (3) of section
104(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b(f)(1)-(3)) shall apply to funds made available to carry
out this division to the same extent and in the same manner
as such prohibitions apply to funds made available to carry
out part I of such Act.
SEC. 204. MILLENNIUM CHALLENGE COMPACT.
(a) Compact.--The President, acting through the Chief
Executive Officer of the Corporation, may provide assistance
to an eligible country under section 202 only if the country
enters into a contract with the United States, to be known as
a ``Millennium Challenge Compact'', that establishes a multi-
year plan for achieving shared development objectives in
furtherance of the purposes of this title, and only if the
President, acting through the Chief Executive Officer,
provides to Congress notice regarding such Compact pursuant
to subsection (h).
(b) Elements.--
(1) In general.--The Compact shall take into account the
national development strategy of the eligible country and
shall contain--
(A) the specific objectives that the country and the United
States expect to achieve;
(B) the responsibilities of the country and the United
States in the achievement of such objectives;
(C) regular benchmarks to measure, where appropriate,
progress toward achieving such objectives;
(D) an identification of the intended beneficiaries,
disaggregated by income level, gender, and age, to the
maximum extent practicable;
(E) a multi-year financial plan, including the estimated
amount of contributions by the Corporation and the country
and proposed mechanisms to implement the plan and provide
oversight, that describes how the requirements of
subparagraphs (A) through (D) will be met, including
identifying the role of civil society in the achievement of
such requirements;
(F) where appropriate, a description of the responsibility
of other donors in the achievement of such objectives; and
(G) a plan to ensure appropriate fiscal accountability for
the use of assistance provided under section 202.
(2) Lower middle income countries.--In addition to the
elements described in subparagraphs (A) through (G) of
paragraph (1), with respect to a lower middle income country
described in section 203(b), the Compact shall identify an
appropriate contribution from the country relative to its
national budget, taking into account the prevailing economic
conditions, toward meeting the objectives of the Compact.
Such contribution shall be in addition to government spending
allocated for such purposes in the country's budget for the
year immediately preceding the establishment of the Compact
and shall continue for the duration of the Compact.
[[Page H6775]]
(c) Definition.--In subsection (b), the term ``national
development strategy'' means any strategy to achieve market-
driven economic growth that has been developed by the
government of the country in consultation with a wide variety
of civic participation, including nongovernmental
organizations, private and voluntary organizations, academia,
women and student organizations, local trade and labor
unions, and the business community.
(d) Additional Provision Relating to Prohibition on
Taxation.--In addition to the elements described in
subsection (b), each Compact shall contain a provision that
states that assistance provided by the United States under
the Compact shall be exempt from taxation by the government
of the eligible country.
(e) Local Input.--In entering into a Compact, the United
States and the eligible country--
(1) shall take into account the local-level perspectives of
the rural and urban poor in the eligible country; and
(2) should consult with private and voluntary
organizations, the business community, and other donors, in
the eligible country.
(f) Consultation.--During any discussions with a country
for the purpose of entering into a Compact with the country,
officials of the Corporation participating in such
discussions shall, at a minimum, consult with appropriate
officials of the United States Agency for International
Development, particularly with those officials responsible
for the appropriate region or country on development issues
related to the Compact.
(g) Coordination with Other Donors.--To the maximum extent
feasible, activities undertaken to achieve the objectives of
the Compact shall be undertaken in coordination with the
assistance activities of other donors.
(h) Congressional and Public Notification.--Not later than
15 days prior to entering into a Compact with an eligible
country, the President, acting through the Chief Executive
Officer--
(1) shall consult in-person with the appropriate
congressional committees with respect to the proposed
Compact;
(2) shall provide notification of the proposed Compact to
the appropriate congressional committees in accordance with
the procedures applicable to reprogramming notifications
under section 634A of the Foreign Assistance Act of 1961;
(3) shall prepare and transmit to such committees a written
report that contains a detailed summary of the proposed
Compact and a copy of the full text of the Compact; and
(4) shall publish such detailed summary and full text of
the proposed Compact in the Federal Register and on the
Internet website of the Corporation.
(i) Assistance for Development of Compact.--Notwithstanding
subsection (a), the Chief Executive Officer may enter into
contracts or make grants for any eligible country for the
purpose of facilitating the development of the Compact
between the United States and the country.
SEC. 205. SUSPENSION AND TERMINATION OF ASSISTANCE.
(a) Suspension of Assistance.--
(1) In general.--The President shall suspend assistance in
whole or in part for a country under this title if the
President determines that--
(A) the country is engaged in activities which are contrary
to the national security interests of the United States;
(B) the elected head of state of the country or any member
of the country's highest judicial tribunal has been removed
from that office or forcibly detained through extra-
constitutional processes; or
(C) the country has failed to adhere to its
responsibilities under the Compact.
(2) Reinstatement.--The President may reinstate assistance
for a country under this title only if the President
determines that the country has demonstrated a commitment to
correcting each condition for which assistance was suspended
under paragraph (1).
(3) Congressional notification.--A suspension of assistance
under paragraph (1), or a reinstatement of assistance under
paragraph (2), shall be effective beginning 15 days after the
date on which the President transmits to the appropriate
congressional committees a report that contains the
determination of the President under paragraph (1) or
paragraph (2), as the case may be.
(b) Termination of Assistance.--
(1) In general.--The President, acting through the Chief
Executive Officer of the Corporation, shall terminate all
assistance for a country under this title if the President
determines that the country has consistently failed to adhere
to its responsibilities under the Compact or has
significantly failed to meet the requirements of this title.
(2) Congressional notification.--A termination of
assistance under paragraph (1) shall be effective beginning
15 days after the date on which the President, acting through
the Chief Executive Officer, provides notification of the
proposed termination of assistance to the congressional
committees specified in section 634A(a) of the Foreign
Assistance Act of 1961 in accordance with the procedures
applicable to reprogramming notifications under that section.
SEC. 206. ANNUAL REPORT.
(a) Report.--Not later than April 1, 2005, and not later
than April 1 of each year thereafter, the Chief Executive
Officer of the Corporation shall prepare and transmit to the
appropriate congressional committees a report on the
implementation of this title for the preceding year.
(b) Contents.--The report shall include the following:
(1) A description and assessment of the eligibility
criteria and methodology utilized by the Chief Executive
Officer to determine eligibility for each country under
section 203.
(2) A description of the agreed upon measures of progress
contained in each Compact.
(3)(A) An analysis, on a country-by-country, project-by-
project basis, of the impact of assistance provided under
this title on the economic development of each country.
(B) For each country, the analysis shall--
(i) to the maximum extent possible, be done on a sector-by-
sector basis, gender basis, and per capita income basis, and
identify trends within each of these bases;
(ii) identify economic policy reforms conducive to economic
development that are supported by assistance provided under
this title;
(iii) describe, in quantified terms to the extent
practicable, the progress made in achieving assistance
objectives for the country;
(iv) describe the amount and nature of economic assistance
provided by other major donors which further the purposes of
this title; and
(v) discuss the commitment and contribution of the country
to achieving the assistance objectives contained in its
Compact.
(4) A description and assessment of property rights in each
country, including--
(A) the total value of legal and extralegal property and
business holdings;
(B) the average time required to acquire land; and
(C) the average time required to register and wind up a
business enterprise.
SEC. 207. PARTICIPATION OF CERTAIN UNITED STATES BUSINESSES.
(a) Participation.--To the maximum extent practicable, the
President, acting through the Chief Executive Officer, shall
ensure that United States small, minority-owned, and
disadvantaged business enterprises fully participate in the
provision of goods and services that are financed with funds
made available under this title.
(b) Report.--The Chief Executive Officer shall prepare and
submit to the appropriate congressional committees an annual
report that contains a description of the extent to which the
requirement of subsection (a) has been met for the preceding
year.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS; RELATED
AUTHORITIES.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the President, acting through the Chief
Executive Officer of the Corporation, to carry out this
division (other than title IV) $1,300,000,000 for fiscal year
2004, $3,000,000,000 for fiscal year 2005, and $5,000,000,000
for fiscal year 2006.
(b) Additional Authorities.--Amounts appropriated pursuant
to the authorization of appropriations under subsection (a)--
(1) may be referred to as the ``Millennium Challenge
Account'';
(2) are authorized to remain available until expended; and
(3) are in addition to amounts otherwise available for such
purposes.
TITLE III--MILLENNIUM CHALLENGE CORPORATION
SEC. 301. MILLENNIUM CHALLENGE CORPORATION.
(a) Establishment.--There is hereby established in the
executive branch a corporation to be known as the
``Millennium Challenge Corporation'' that shall be
responsible for carrying out title II.
(b) Government Corporation.--The Corporation shall be a
Government corporation, as defined in section 103 of title 5,
United States Code.
SEC. 302. CHIEF EXECUTIVE OFFICER.
(a) Appointment.--The Corporation shall be headed by an
individual who shall serve as Chief Executive Officer of the
Corporation, who shall be appointed by the President, by and
with the advice and consent of the Senate.
(b) Compensation and Rank.--
(1) In general.--The Chief Executive Officer shall be
compensated at the rate provided for level II of the
Executive Schedule under section 5313 of title 5, United
States Code, and shall have the equivalent rank of Deputy
Secretary.
(2) Amendment.--Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Chief Executive Officer, Millennium Challenge
Corporation.''.
(c) Authorities and Duties.--The Chief Executive Officer
shall exercise the powers and discharge the duties of the
Corporation and any other duties, as conferred on the Chief
Executive Officer by the President.
(d) Authority To Appoint Officers.--The Chief Executive
Officer shall appoint all officers of the Corporation.
SEC. 303. BOARD OF DIRECTORS.
(a) In General.--There shall be in the Corporation a Board
of Directors.
(b) Duties.--The Board may prescribe, amend, and repeal
bylaws, rules, regulations, and procedures governing the
manner in which the business of the Corporation may be
conducted and in which the powers granted to it by law may be
exercised.
(c) Membership.--
(1) In general.--The Board shall consist of--
[[Page H6776]]
(A) the Secretary of State, the Secretary of Treasury, the
Administrator of the United States Agency for International
Development, the Chief Executive Officer of the Corporation,
and the United States Trade Representative; and
(B) four other individuals who shall be appointed by the
President, by and with the advice and consent of the Senate,
of which--
(i) one individual shall be appointed from among a list of
individuals submitted by the majority leader of the House of
Representatives;
(ii) one individual shall be appointed from among a list of
individuals submitted by the minority leader of the House of
Representatives;
(iii) one individual shall be appointed from among a list
of individuals submitted by the majority leader of the
Senate; and
(iv) one individual shall be appointed from among a list of
individuals submitted by the minority leader of the Senate.
(2) Ex-officio members.--In addition to members of the
Board described in paragraph (1), the Director of the Office
of Management and Budget, the President and Chief Executive
Officer of the Overseas Private Investment Corporation, the
Director of the Trade and Development Agency, and the
Director of the Peace Corps shall be non-voting members, ex
officio, of the Board.
(d) Terms.--
(1) Officers of federal government.--Each member of the
Board described in paragraphs (1)(A) and (2) of subsection
(c) shall serve for a term that is concurrent with the term
of service of the individual's position as an officer within
the other Federal department or agency.
(2) Other members.--Each member of the Board described in
subsection (c)(1)(B) shall be appointed for a term of 3 years
and may be reappointed for a term of an additional 2 years.
(3) Vacancies.--A vacancy in the Board shall be filled in
the manner in which the original appointment was made.
(e) Chairperson.--The Secretary of State shall serve as the
Chairperson of the Board.
(f) Quorum.--A majority of the members of the Board shall
constitute a quorum, which shall include at least one member
of the Board described in subsection (c)(1)(B).
(g) Meetings.--The Board shall meet at the call of the
Chairperson.
(h) Compensation.--
(1) Officers of federal government.--
(A) In general.--A member of the Board described in
paragraphs (1)(A) and (2) of subsection (c) may not receive
additional pay, allowances, or benefits by reason of their
service on the Board.
(B) Travel expenses.--Each such member of the Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(2) Other members.--
(A) In general.--Except as provided in paragraph (2), a
member of the Board described in subsection (c)(1)(B)--
(i) shall be paid compensation out of funds made available
for the purposes of this title at the daily equivalent of the
highest rate payable under section 5332 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the actual performance of
duties as a member of the Board; and
(ii) while away from the member's home or regular place of
business on necessary travel, as determined by the Chief
Executive Officer, in the actual performance of duties as a
member of the Board, shall be paid per diem, travel, and
transportation expenses in the same manner as is provided
under subchapter I of chapter 57 of title 5, United States
Code.
(B) Limitation.--A member of the Council may not be paid
compensation under subparagraph (A)(i) for more than thirty
days in any calendar year.
SEC. 304. INTERAGENCY COORDINATION.
In carrying out the functions described in this title, and
consistent with section 101 of the National Security Act of
1947 (50 U.S.C. 402), the President shall ensure coordination
of assistance authorized under title II with foreign economic
assistance programs and activities carried out by other
Federal departments and agencies.
SEC. 305. POWERS OF THE CORPORATION; RELATED PROVISIONS.
(a) Powers.--The Corporation--
(1) may adopt, alter, and use a corporate seal, which shall
be judicially noticed;
(2) may prescribe, amend, and repeal such rules,
regulations, and procedures as are necessary for carrying out
the functions of the Corporation and all Compacts;
(3) may make and perform such contracts, grants, and other
agreements with any individual, corporation, or other private
or public entity, however designated and wherever situated,
as may be necessary for carrying out the functions of the
Corporation;
(4) may determine and prescribe the manner in which its
obligations shall be incurred and its expenses allowed and
paid, including expenses for representation not exceeding
$95,000 in any fiscal year;
(5) may lease, purchase, or otherwise acquire, own, hold,
improve, use or otherwise deal in and with such property
(real, personal, or mixed) or any interest therein, wherever
situated, as may be necessary for carrying out the functions
of the Corporation;
(6) may accept gifts or donations of services or of
property (real, personal, or mixed), tangible or intangible,
in furtherance of the purposes of this division;
(7) may hire or obtain passenger motor vehicles;
(8) may use the United States mails in the same manner and
on the same conditions as the Executive departments (as
defined in section 101 of title 5, United States Code);
(9) may, with the consent of any Executive agency (as
defined in section 105 of title 5, United States Code), use
the information, services, facilities, and personnel of that
agency on a full or partial reimbursement in carrying out the
purposes of this division; and
(10) may sue and be sued, complain, and defend, in its
corporate name in any court of competent jurisdiction.
(b) Offices.--
(1) Principal office.--The Corporation shall maintain its
principal office in the metropolitan area of Washington,
District of Columbia.
(2) Other offices.--The Corporation may establish other
offices in any place or places outside the United States in
which the Corporation may carry out any or all of its
operations and business.
(c) Cooperation With Other Federal Departments and
Agencies.--In order to avoid unnecessary expense and
duplication of functions, efforts, and activities between the
Corporation and other Federal departments and agencies the
Chief Executive Officer, or the Chief Executive Officer's
designee--
(1)(A) shall consult, to the maximum extent practicable,
with the Administrator of the United States Agency for
International Development, or the Administrator's designee,
in order to coordinate the activities of the Corporation and
the Agency for International Development; and
(B) shall consult with the heads of other departments and
agencies to ensure similar coordination of activities;
(2)(A) shall ensure proper coordination of activities of
the Corporation with the provision of development assistance
of relevant international financial institutions, including
the International Bank for Reconstruction and Development,
the International Monetary Fund, and the regional
multilateral development banks; and
(B) shall provide to each United States Executive Director
(or other United States representative) to the relevant
international financial institutions a copy of each proposed
Compact between the United States and an eligible country and
a copy of each such final Compact.
(d) Positions with Foreign Governments.--When approved by
the Corporation, in furtherance of its purposes, employees of
the Corporation (including individuals detailed to the
Corporation) may accept and hold offices or positions to
which no compensation is attached with governments or
governmental agencies of foreign countries or with
international organizations.
SEC. 306. TRANSPARENCY AND ACCOUNTABILITY OF THE CORPORATION.
The Corporation and its officers and employees shall be
subject to the provisions of section 552 of title 5, United
States Code (relating to freedom of information).
SEC. 307. DETAIL OF PERSONNEL TO THE CORPORATION; OTHER
AUTHORITIES AND LIMITATIONS.
(a) Detail of Personnel.--Upon request of the Chief
Executive Officer of the Corporation, the head of an agency
may detail any employee of such agency to the Corporation on
a fully or partially reimbursable basis. Any employee so
detailed remains, for the purpose of preserving such
employee's allowances, privileges, rights, seniority, and
other benefits, an employee of the agency from which
detailed.
(b) Limitation on Total Service.--
(1) In general.--Except as provided in paragraph (2), no
individual may serve in or under the Corporation (whether as
an employee of the Corporation, a detailee to the
Corporation, or a combination thereof) for a total period
exceeding 5 years.
(2) Exceptions.--
(A) Extension authority.--The Chief Executive Officer may
extend the 5-year period under paragraph (1) for up to an
additional 3 years, in the case of any particular individual,
if the Chief Executive Officer determines that such extension
is essential to the achievement of the purposes of this
division.
(B) Officers.--Nothing in this subsection shall limit the
period for which an individual may serve as an officer of the
Corporation appointed pursuant to section 302(d) nor shall
any period of service as such an officer be taken into
account for purposes of applying this subsection.
(c) Reemployment Rights.--
(1) In general.--An employee of an agency who is serving
under a career or career conditional appointment (or the
equivalent), and who, with the consent of the head of such
agency, transfers to the Corporation, is entitled to be
reemployed in such employee's former position or a position
of like seniority, status, and pay in such agency, if such
employee--
(A) is separated from the Corporation--
(i) by reason of the application of subsection (b); or
(ii) for any other reason, other than misconduct, neglect
of duty, or malfeasance; and
(B) applies for reemployment not later than 90 days after
the date of separation from the Corporation.
(2) Specific rights.--An employee who satisfies paragraph
(1) is entitled to be reemployed (in accordance with such
paragraph)
[[Page H6777]]
within 30 days after applying for reemployment and, on
reemployment, is entitled to at least the rate of basic pay
to which such employee would have been entitled had such
employee never transferred.
(d) Basic Pay.--The Chief Executive Officer may fix the
rate of basic pay of employees of the Corporation without
regard to the provisions of--
(1) chapter 51 of title 5, United States Code (relating to
the classification of positions), and
(2) subchapter III of chapter 53 of such title (relating to
General Schedule pay rates),
except that no employee of the Corporation may receive a rate
of basic pay that exceeds the rate for level II of the
Executive Schedule under section 5313 of such title.
(e) Assignment to United States Embassies.--An employee of
the Corporation, including an individual detailed to or
contracted by the Corporation, may be assigned to a United
States diplomatic mission or consular post, or United States
Agency for International Development field mission.
(f) Privileges and Immunities.--The Secretary of State
shall seek to ensure that an employee of the Corporation,
including an individual detailed to or contracted by the
Corporation, and the members of the family of such employee,
while the employee is performing duties in any country or
place outside the United States, enjoy the privileges and
immunities that are enjoyed by a member of the Foreign
Service, or the family of a member of the Foreign Service, as
appropriate, of comparable rank and salary of such employee,
if such employee or a member of the family of such employee
is not a national of or permanently resident in such country
or place.
(g) Responsibility of Chief of Mission.--An employee of the
Corporation, including an individual detailed to or
contracted by the Corporation, and a member of the family of
such employee, shall be subject to section 207 of the Foreign
Service Act of 1980 (22 U.S.C. 3927) in the same manner as
United States Government employees while the employee is
performing duties in any country or place outside the United
States if such employee or member of the family of such
employee is not a national of or permanently resident in such
country or place.
(h) Allocation of Funds.--
(1) In general.--The Corporation may allocate or transfer
to the United States Agency for International Development or
any other agency any part of any funds available for carrying
out the purposes of this division. Such funds shall be
available for obligation and expenditure for the purposes for
which authorized, in accordance with authority granted in
this title or under authority governing the activities of the
agencies of the United States Government to which such funds
are allocated or transferred.
(2) Congressional notification.--The Chief Executive
Officer shall notify the appropriate congressional committees
not later than 15 days prior to a transfer of funds under
paragraph (1) that exceeds $5,000,000.
(3) Use of services.--For carrying out the purposes of this
division, the Corporation may utilize the services and
facilities of, or procure commodities from, any agency under
such terms and conditions as may be agreed to by the head of
the agency and the Corporation.
(i) Funding Limitation.--Of the funds allocated under
subsection (h) in any fiscal year, not more than 7 percent of
such funds may be used for administrative expenses.
(j) Other authorities.--Except to the extent inconsistent
with the provisions of this division, the administrative
authorities under chapters 1 and 2 of part III of the Foreign
Assistance Act of 1961 shall apply to the provision of
assistance under this division to the same extent and in the
same manner as such authorities apply to the provision of
economic assistance under part I of such Act.
(k) Applicability of Government Corporation Control Act.--
(1) In general.--The Corporation shall be subject to the
provisions of chapter 91 of subtitle VI of title 31, United
States Code, except that the Corporation shall not be
authorized to issue obligations or offer obligations to the
public.
(2) Conforming amendment.--Section 9101(3) of title 31,
United States Code, is amended by adding at the end the
following:
``(Q) the Millennium Challenge Corporation.''
(l) Inspector General.--
(1) In general.--The Inspector General of the United States
Agency for International Development shall serve as Inspector
General of the Corporation, and, in acting in such capacity,
may conduct reviews, investigations, and inspections of all
aspects of the operations and activities of the Corporation.
(2) Authority of the board.--In carrying out its
responsibilities under this subsection, the Inspector General
shall report to and be under the general supervision of the
Board of Directors.
(3) Reimbursement and authorization of services.--
(A) Reimbursement.--The Corporation shall reimburse the
United States Agency for International Development for all
expenses incurred by the Inspector General in connection with
the Inspector General's responsibilities under this
subsection.
(B) Authorization for services.--Of the amount authorized
to be appropriated under section 208(a) for a fiscal year, up
to $1,000,000 is authorized to be made available to the
Inspector General of the United States Agency for
International Development to conduct reviews, investigations,
and inspections of operations and activities of the
Corporation.
(m) Comptroller General.--
(1) In general.--The Comptroller General shall conduct
audits, evaluations, and investigations of the Corporation.
(2) Scope.--The activities and financial transactions of
the Corporation for any fiscal year during which Federal
funds are available to finance any portion of its operations
may be evaluated, investigated, or audited by the Comptroller
General in accordance with such rules and regulations as may
be prescribed by the Comptroller General.
(3) Access and records.--Any evaluation, investigation, or
audit shall be conducted at the place or places where
pertinent information of the Corporation is normally kept.
The representatives of the General Accounting Office shall
have access to all books, accounts, financial records,
reports, files, and other papers or property belonging to or
in use by the Corporation and necessary to facilitate the
evaluation, investigation, or audit; and full facilities for
verifying transactions with the balances and securities held
by depositories, fiscal agents, and custodians shall be
afforded to such representatives. All such books, accounts,
financial records, reports, files, and other papers or
property of the Corporation shall remain in the possession
and custody of the Corporation throughout the period
beginning on the date such possession or custody commences
and ending three years after such date, but the General
Accounting Office may require the retention of such books,
accounts, financial records, reports, files, papers, or
property for a longer period under section 3523(c) of title
31, United States Code.
(4) Report.--A report of such audit, evaluation, or
investigation shall be made by the Comptroller General to the
appropriate congressional committees and to the President,
together with such recommendations with respect thereto as
the Comptroller General shall deem advisable.
(n) Definitions.--For purposes of this section--
(1) the term ``agency'' means an Executive agency, as
defined by section 105 of title 5, United States Code; and
(2) the term ``detail'' means the assignment or loan of an
employee, without a change of position, from the agency by
which such employee is employed to the Corporation.
SEC. 308. MILLENNIUM CHALLENGE ADVISORY COUNCIL.
(a) Establishment.--There is hereby established in the
executive branch an advisory council to the Corporation to be
known as the Millennium Challenge Advisory Council.
(b) Functions.--
(1) General functions.--The Council shall advise and
consult with the Chief Executive Officer of the Corporation
and the Board of Directors with respect to policies and
programs designed to further the purposes of this division
and shall periodically report to the Congress with respect to
the activities of the Corporation. In addition, the Council
shall review on an annual basis the criteria and methodology
used to determine eligibility of countries for assistance
under title II and make recommendations to the Chief
Executive Officer and the Board to improve the effectiveness
of such criteria and methodology in order to achieve the
purposes of this division.
(2) Additional functions.--Members of the Council shall
(subject to subsection (d)(1)) conduct on-site inspections,
and make examinations, of the activities of the Corporation
in the United States and in other countries in order to--
(A) evaluate the accomplishments of the Corporation;
(B) assess the potential capabilities and the future role
of the Corporation;
(C) make recommendations to the Chief Executive Officer,
the Board of Directors, and Congress, for the purpose of
guiding the future direction of the Corporation and of
helping to ensure that the purposes and programs of the
Corporation are carried out in ways that are economical,
efficient, responsive to changing needs in developing
countries and to changing relationships among people, and in
accordance with law;
(D) make such other evaluations, assessments, and
recommendations as the Council considers appropriate.
(3) Public participation.--The Council may provide for
public participation in its activities, consistent with
section 552b of title 5, United States Code.
(c) Membership.--
(1) In general.--The Council shall consist of seven
individuals, who shall be appointed by the Chief Executive
Officer, and who shall be broadly representative of
nongovernmental entities with expertise and interest in
international trade and economic development, including
business and business associations, trade and labor unions,
private and voluntary organizations, foundations, public
policy organizations, academia, and other entities as the
Chief Executive Officer determines appropriate.
(2) Additional requirement.--No member appointed under
paragraph (1) may be an officer or employee of the United
States Government.
(d) Compensation.--
(1) In general.--Except as provided in paragraph (2), a
member of the Council--
[[Page H6778]]
(A) shall be paid compensation out of funds made available
for the purposes of this title at the daily equivalent of the
highest rate payable under section 5332 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the actual performance of
duties as a member of the Council; and
(B) while away from the member's home or regular place of
business on necessary travel, as determined by the Chief
Executive Officer, in the actual performance of duties as a
member of the Council, shall be paid per diem, travel, and
transportation expenses in the same manner as is provided
under subchapter I of chapter 57 of title 5, United States
Code.
(2) Limitation.--A member of the Council may not be paid
compensation under paragraph (1)(A) for more than thirty days
in any calendar year.
(e) Quorum.--A majority of the members of the Council shall
constitute a quorum for the purposes of transacting any
business.
(f) Financial interests of members.--A member of the
Council shall disclose to the Chairperson of the Council and
the Chief Executive Officer of the existence of any direct or
indirect financial interest of that member in any particular
matter before the Council and may not vote or otherwise
participate as a Council member with respect to that
particular matter.
(g) Chairperson.--The Chief Executive Officer shall
designate one of the members of the Council as Chairperson,
who shall serve in that capacity for a term of two years. The
Chief Executive Officer may renew the term of the member
appointed as Chairperson under the preceding sentence.
(h) Meetings, Bylaws, and Regulations.--
(1) Meetings.--The Council shall hold a regular meeting
during each calendar quarter and shall meet at the call of
the President, the Chief Executive Officer, the Chairperson
of the Board, the Chairperson of the Council, or two members
of the Council.
(2) Bylaws and regulations.--The Council shall prescribe
such bylaws and regulations as it considers necessary to
carry out its functions. Such bylaws and regulations shall
include procedures for fixing the time and place of meetings,
giving or waiving of notice of meetings, and keeping of
minutes of meetings.
(i) Report to the President, Chief Executive Officer, and
Board.--
(1) Report.--Not later than January 1, 2005, and not later
than January 1 of each year thereafter that the Corporation
is in existence, the Council shall submit to the President,
the Chief Executive Officer, and the Board a report on its
views on the programs and activities of the Corporation.
(2) Contents.--Each report shall contain a summary of the
advice and recommendations provided by the Council to the
Chief Executive Officer and the Board during the period
covered by the report and such recommendations (including
recommendations for administrative or legislative action) as
the Council considers appropriate to make to the Congress.
(3) Additional requirement.--Not later than 90 days after
receiving each such report, the Chief Executive Officer shall
transmit to Congress a copy of the report, together with any
comments concerning the report that the Chief Executive
Officer considers appropriate.
(j) Administrative Assistance.--The Chief Executive Officer
shall make available to the Council such personnel,
administrative support services, and technical assistance as
are necessary to carry out its functions effectively.
(k) Termination.--Section 14(a)(2)(B) of the Federal
Advisory Committee Act (5 U.S.C. App.; relating to the
termination of advisory committees) shall not apply to the
Council. Notwithstanding section 102 of this Act, the
authorities of the Council shall terminate on December 31,
2007.
SEC. 309. MILLENNIUM CHALLENGE SEED GRANTS.
(a) Findings.--Congress finds the following:
(1) Many countries in the developing world lack the
academic and public policy advocacy base essential to
attaining the principal objectives of the Millennium
Challenge Account.
(2) Because of widespread government repression of free
speech and poverty, the countries of Africa in particular
suffer an acute shortage of nongovernmental organizations
which effectively study and promote the principal objectives
of the Millennium Challenge Account.
(3) Many developing countries, particularly low income
countries, lack the institutional capacity to enhance the
quality and accuracy of data upon which the eligibility
criteria in section 203 relies. Such countries may also lack
the ability to monitor and evaluate development projects
effectively.
(4) The Millennium Challenge Account will struggle to reach
its goals unless countries in the developing world possess a
home grown intellectual commitment and culture of advocacy
aimed at promoting its principal objectives.
(b) Assistance.--The Chief Executive Officer of the
Corporation is authorized to provide assistance in support of
nongovernmental organizations (including universities,
independent foundations, and other organizations) in low
income and lower middle income countries, and, where
appropriate, directly to agencies of foreign governments in
low income countries, that are undertaking research,
education, and advocacy efforts aimed at promoting democratic
societies, human rights, the rule of law, improved
educational opportunities and health conditions, particularly
for women and children, and economic freedom, including
research aimed at improving data related to the eligibility
criteria and methodology established by this division with
respect to such a country or monitoring and evaluating the
impact of assistance provided under this division.
(c) Limitation.--Not more than $10,000,000 of the amount
made available to carry out this division for a fiscal year
may be made available to carry out this section.
TITLE IV--PROVISIONS RELATING TO UNITED STATES ECONOMIC ASSISTANCE
SEC. 401. DEFINITION.
In this title, the term ``United States economic
assistance'' means any bilateral economic assistance, from
any budget functional category, that is provided by any
department or agency of the United States to a foreign
country, including such assistance that is intended--
(A) to assist the development and economic advancement of
friendly foreign countries and peoples, including assistance
provided under title II (relating to the Millennium Challenge
Account);
(B) to promote the freedom, aspirations, or sustenance of
friendly peoples under oppressive rule by unfriendly
governments;
(C) to promote international trade and foreign direct
investment as a means of aiding economic growth;
(D) to save lives and alleviate suffering of foreign
peoples during or following war, natural disaster, or complex
crisis;
(E) to assist in recovery and rehabilitation of countries
or peoples following disaster or war;
(F) to protect refugees and promote durable solutions to
aid refugees;
(G) to promote sound environmental practices;
(H) to assist in development of democratic institutions and
good governance by the people of foreign countries;
(I) to promote peace and reconciliation or prevention of
conflict;
(J) to improve the technical capacities of governments to
reduce production of and demand for illicit narcotics; and
(K) to otherwise promote through bilateral foreign economic
assistance the national objectives of the United States.
SEC. 402. FRAMEWORK FOR ASSISTANCE.
(a) Sense of Congress.--It is the sense of Congress that a
coherent framework for United States economic assistance
should be established in accordance with this section.
(b) Elements.--The framework described in subsection (a)
includes the following elements:
(1) The United States Agency for International Development,
under the direction and foreign policy guidance of the
Secretary of State, should be responsible for--
(A) providing assistance to countries that face natural and
man-made disasters in order to provide humanitarian relief to
the peoples of such countries, in coordination with refugee
programs administered by the Department of State;
(B) providing assistance to countries that are suffering
from conflicts or are in post-conflict situations in order to
provide humanitarian relief, transition assistance, and
reconstruction assistance;
(C) providing assistance to help moderate-to-poorly
performing countries achieve development progress in the
areas described in part I of the Foreign Assistance Act of
1961, including progress toward becoming eligible for
assistance under this title, and to promote international
health worldwide, as well as assisting in the development of
country and regional development strategies;
(D) addressing transnational problems, such as
environmental degradation, food insecurity, and health
problems; and
(E) assisting other Federal departments and agencies,
including the Corporation established under title III, to
carry out assistance activities abroad, including providing
technical assistance and advice to such departments and
agencies, coordinating its assistance programs with such
departments and agencies, and using its field offices to help
implement such assistance.
(2) The Corporation established under title III should
provide assistance to countries that have demonstrated a
commitment to bolstering democracy, good governance, and the
rule of law, to investing in the health and educations of
their people, and to promoting sound economic policies that
foster economic opportunity for their people.
(3) The Department of State should be responsible for
allocating security assistance to support key foreign policy
objectives of the United States and shall administer
assistance in such areas as non-proliferation, anti-
terrorism, counter-narcotics, and relief for refugees.
(4) Other Federal departments and agencies with expertise
in international development-related activities, such as the
Overseas Private Investment Corporation, the Trade and
Development Agency, the Department of Agriculture, the
Department of Health and Human Services, and the Centers for
Disease Control and Prevention, to the extent such
departments and agencies have the authority to carry out
development-related programs, and in coordination with the
Department of State and the United States Agency for
International Development, should provide expertise in
specific technical areas and shall provide assistance,
including assistance
[[Page H6779]]
provided with funds made available from the Corporation to
assist United States Government international development
activities.
SEC. 403. REPORT RELATING TO IMPACT AND EFFECTIVENESS OF
ASSISTANCE.
(a) Report.--Not later than December 31, 2004, and December
31 of each third year thereafter, the President shall
transmit to Congress a report which analyzes, on a country-
by-country basis, the impact and effectiveness of United
States economic assistance furnished under the framework
established in section 402 to each country during the
preceding three fiscal years. The report shall include the
following for each recipient country:
(1) An analysis of the impact of United States economic
assistance during the preceding three fiscal years on
economic development in that country, with a discussion of
the United States interests that were served by the
assistance. This analysis shall be done on a sector-by-sector
basis to the extent possible and shall identify any economic
policy reforms which were promoted by the assistance. This
analysis shall--
(A) include a description, quantified to the extent
practicable, of the specific objectives the United States
sought to achieve in providing economic assistance for that
country, and
(B) specify the extent to which those objectives were not
achieved, with an explanation of why they were not achieved.
(2) A description of the amount and nature of economic
assistance provided by other donors during the preceding
three fiscal years, set forth by development sector to the
extent possible.
(3) A discussion of the commitment of the host government
to addressing the country's needs in each development sector,
including a description of the resources devoted by that
government to each development sector during the preceding
three fiscal years.
(4) A description of the trends, both favorable and
unfavorable, in each development sector.
(5) Statistical and other information necessary to evaluate
the impact and effectiveness of United States economic
assistance on development in the country.
(6) A comparison of the analysis provided in the report
with relevant analyses by international financial
institutions, other international organizations, other donor
countries, or nongovernmental organizations.
(b) Listing of Most and Least Successful Assistance
Programs.--The report required by this section shall
identify--
(1) each country in which United States economic assistance
has been most successful, as indicated by the extent to which
the specific objectives the United States sought to achieve
in providing the assistance for the country, as referred to
in subsection (a)(1)(A), were achieved; and
(2) each country in which United States economic assistance
has been least successful, as indicated by the extent to
which the specific objectives the United States sought to
achieve in providing the assistance for the country, as
referred to in subsection (a)(1)(A), were not achieved.
For each country listed pursuant to paragraph (2), the report
shall explain why the assistance was not more successful and
shall specify what the United States has done as a result.
(d) De Minimus Exception.--Information under subsections
(a) and (b) for a fiscal year shall not be required with
respect to a country for which United States economic
assistance for the country for the fiscal year is less than
$5,000,000.
DIVISION B--REAUTHORIZATION AND EXPANSION OF THE PEACE CORPS
TITLE X--GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Peace Corps Expansion
Act of 2003''.
SEC. 1002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate.
(2) Director.--The term ``Director'' means the Director of
the Peace Corps.
(3) Host country.--The term ``host country'' means a
country whose government has invited the Peace Corps to
establish a Peace Corps program within the territory of the
country.
(4) Peace corps volunteer.--The term ``Peace Corps
volunteer'' means a volunteer or a volunteer leader under the
Peace Corps Act.
(5) Returned peace corps volunteer.--The term ``returned
Peace Corps volunteer'' means a person who has been certified
by the Director as having served satisfactorily as a Peace
Corps volunteer.
SEC. 1003. FINDINGS.
Congress makes the following findings:
(1) The Peace Corps was established in 1961 to promote
world peace and friendship through the service abroad of
volunteers who are United States citizens. The spirit of
service and commitment to helping others is a fundamental
component of democracy.
(2) Since its establishment, more than 168,000 volunteers
have served in the Peace Corps in 136 countries throughout
the world.
(3) The three goals codified in the Peace Corps Act which
have guided the Peace Corps and its volunteers over the
years, can work in concert to promote global acceptance of
the principles of international peace and nonviolent
coexistence among peoples of diverse cultures and systems of
government.
(4) The Peace Corps has sought to fulfill three goals--to
help people in developing countries meet basic needs, promote
understanding abroad of the values and ideals of the United
States, and promote an understanding of other peoples by the
people of the United States.
(5) After more than 40 years of operation, the Peace Corps
remains the world's premier international service
organization dedicated to promoting grassroots development by
working with families and communities to improve health care
for children, expand agricultural production, teach in
schools, fight infectious diseases, protect the environment,
and initiate small business opportunities.
(6) The Peace Corps remains committed to sending well
trained and well supported Peace Corps volunteers overseas to
promote international peace, cross-cultural awareness, and
mutual understanding between the United States and other
countries.
(7) The Peace Corps is an independent agency, and,
therefore, no Peace Corps personnel or volunteers should be
used to accomplish any goal other than the goals established
by the Peace Corps Act.
(8) The Crisis Corps has been an effective tool in
harnessing the skills and talents of returned Peace Corps
volunteers and should be expanded, to the maximum extent
practicable, to utilize the talent of returned Peace Corps
volunteers.
(9) In fiscal year 2003, the Peace Corps is operating with
an annual budget of $295,000,000 in 70 countries, with more
than 7,000 Peace Corps volunteers.
(10) There is deep misunderstanding and misinformation in
many parts of the world, particularly in countries with
substantial Muslim populations, with respect to United States
values and ideals. A new or expanded Peace Corps presence in
such places could foster better understanding between the
people of the United States and such countries.
(11) Congress has declared, and the Peace Corps Act
provides, that the Peace Corps shall maintain, to the maximum
extent practicable and appropriate, a volunteer corps of at
least 10,000 individuals.
(12) President George W. Bush has called for the doubling
of the number of Peace Corps volunteers in service.
(13) Any expansion of the Peace Corps should not jeopardize
the quality of the Peace Corps volunteer experience and,
therefore, necessitates, among other things, an appropriate
increase in field and headquarters support staff.
(14) In order to ensure that the proposed expansion of the
Peace Corps preserves the integrity of the program and the
security of volunteers, the integrated Planning and Budget
System supported by the Office of Planning and Policy
Analysis should continue its focus on strategic planning.
(15) A streamlined, bipartisan Peace Corps National
Advisory Council composed of distinguished returned Peace
Corps volunteers, former Peace Corps staff, and other
individuals with diverse backgrounds and expertise can be a
source of ideas and suggestions that may be useful to the
Director of the Peace Corps as the Director discharges the
duties and responsibilities as head of the agency.
TITLE XI--AMENDMENTS TO PEACE CORPS ACT; RELATED PROVISIONS
SEC. 1101. ADVANCING THE GOALS OF THE PEACE CORPS.
(a) Recruitment of Volunteers.--Section 2A of the Peace
Corps Act (22 U.S.C. 2501-1) is amended by adding at the end
the following new sentence: ``As an independent agency, the
Peace Corps shall be responsible for recruiting all of its
volunteers.''.
(b) Details and Assignments.--Section 5(g) of the Peace
Corps Act (22 U.S.C. 2504(g)) is amended by striking
``Provided, That'' and inserting ``Provided, That such detail
or assignment furthers the fulfillment of Peace Corps'
development and public diplomacy goals as described in
section 2: Provided further, That''.
SEC. 1102. REPORTS AND CONSULTATIONS.
(a) Annual Reports; Consultations on New Initiatives.--
Section 11 of the Peace Corps Act (22 U.S.C. 2510) is amended
by striking the section heading and the text of section 11
and inserting the following:
``SEC. 11. ANNUAL REPORTS; CONSULTATIONS ON NEW INITIATIVES.
``(a) Annual Reports.--The Director shall transmit to
Congress, at least once in each fiscal year, a report on
operations under this Act. Each report shall contain
information--
``(1) describing efforts undertaken to improve coordination
of activities of the Peace Corps with activities of
international voluntary service organizations, such as the
United Nations volunteer program, and of host country
voluntary service organizations, including--
``(A) a description of the purpose and scope of any
development project which the Peace Corps undertook during
the preceding fiscal year as a joint venture with any such
international or host country voluntary service
organizations; and
``(B) recommendations for improving coordination of
development projects between the Peace Corps and any such
international or host country voluntary service
organizations;
``(2) describing--
``(A) any major new initiatives that the Peace Corps has
under review for the upcoming fiscal year, and any major
initiatives
[[Page H6780]]
that were undertaken in the previous fiscal year that were
not included in prior reports to the Congress;
``(B) the rationale for undertaking such new initiatives;
``(C) an estimate of the cost of such initiatives; and
``(D) the impact on the safety of volunteers;
``(3) describing in detail the Peace Corps plans, including
budgetary plans, to have 14,000 volunteers in service by 2007
while maintaining the quality of the volunteer experience,
ensuring the safety and security of all volunteers, and
providing for appropriate administrative and other support;
and
``(4) describing standard security procedures for any
country in which the Peace Corps operates programs or is
considering doing so, as well as any special security
procedures contemplated because of changed circumstances in
specific countries, and assessing whether security conditions
would be enhanced--
``(A) by co-locating volunteers with international or local
nongovernmental organizations; or
``(B) with the placement of multiple volunteers in one
location.
``(b) Consultations on New Initiatives.--The Director of
the Peace Corps shall consult with the appropriate
congressional committees with respect to any major new
initiatives not previously discussed in the latest annual
report submitted to Congress under subsection (a) or in
budget presentations. Whenever possible, such consultations
should take place prior to the initiation of such
initiatives, or as soon as practicable thereafter.''.
(b) One-Time Report on Student Loan Forgiveness Programs.--
Not later than 30 days after the date of enactment of this
Act, the Director shall submit to the appropriate
congressional committees a report--
(1) describing the student loan forgiveness programs
currently available to Peace Corps volunteers upon completion
of their service;
(2) comparing such programs with other Government-sponsored
student loan forgiveness programs; and
(3) recommending any additional student loan forgiveness
programs which could attract more applications from low- and
middle-income individuals who are carrying considerable
student-loan debt burdens.
(c) Annual Report to Congress on the Federal Equal
Opportunity Recruitment Program (FEORP).--Not later than 90
days after the date of enactment of this Act and annually
thereafter, the Director shall report on the progress of the
Peace Corps in recruiting historically underrepresented
groups. The Director shall prepare this report in accordance
with section 7201 of title 5, United States Code, and subpart
B of part 720 of title 5, Code of Federal Regulations.
(d) Report on Maintaining the Integrity of the Medical
Screening and Medical Placement Coordination Processes.--Not
later than 120 days after the date of enactment of this Act,
the Director shall prepare and submit to the appropriate
congressional committees a report that--
(1) describes the medical screening procedures and
standards of the Office of Medical Services/Screening Unit of
the Peace Corps to determine whether an applicant for Peace
Corps service has worldwide clearance, limited clearance, a
deferral period, or is not medically, including
psychologically, qualified to serve in the Peace Corps as a
volunteer;
(2) describes the procedures and criteria for matching
applicants for Peace Corps service with a host country to
ensure that the applicant, reasonable accommodations
notwithstanding, can complete at least two years of volunteer
service without interruption to host country national
projects due to foreseeable medical conditions; and
(3) with respect to each of fiscal years 2000 through 2002
and the first six months of fiscal year 2003, states the
number of--
(A) medical screenings conducted;
(B) applicants who have received worldwide clearance,
limited clearance, deferral periods, and medical
disqualifications to serve;
(C) Peace Corps volunteers who the agency has had to
separate from service due to the discovery of undisclosed
medical information; and
(D) Peace Corps volunteers who have terminated their
service early due to medical, including psychological,
reasons.
SEC. 1103. SPECIAL VOLUNTEER RECRUITMENT AND PLACEMENT FOR
CERTAIN COUNTRIES.
(a) Report.--Not later than 60 days after the date of
enactment of this Act, the Director shall submit to the
appropriate congressional committees a report that--
(1) describes the recruitment strategies to be employed by
the Peace Corps to recruit and train volunteers with the
appropriate language skills and interest in serving in host
countries; and
(2) lists the countries that the Director has determined
should be priorities for special recruitment and placement of
Peace Corps volunteers.
(b) Use of Returned Peace Corps Volunteers and Former
Staff.--The Director is authorized and strongly urged to
utilize the services of returned Peace Corps volunteers and
former Peace Corps staff who have relevant language and
cultural experience and may have served previously in
countries with substantial Muslim populations, in order to
open or reopen Peace Corps programs in such countries.
SEC. 1104. GLOBAL INFECTIOUS DISEASES INITIATIVE;
COORDINATION OF HIV/AIDS ACTIVITIES.
(a) Initiative.--
(1) In general.--The Director, in cooperation with
international public health experts, such as the Centers for
Disease Control and Prevention, the National Institutes of
Health, the World Health Organization, the Pan American
Health Organization, and local public health officials, shall
expand the Peace Corps' program of training for Peace Corps
volunteers in the areas of education, prevention, and
treatment of infectious diseases which are prevalent in host
countries in order to ensure that the Peace Corps increases
its contribution to the global campaign against such
diseases.
(2) Additional requirement.--Activities for the education,
prevention, and treatment of infectious diseases in host
countries by the Peace Corps shall be undertaken in a manner
that is consistent with activities authorized under sections
104(c), 104A, 104B, and 104C of the Foreign Assistance Act of
1961.
(b) Coordination of HIV/AIDS Activities.--
(1) In general.--The Director should designate an officer
or employee of the Peace Corps who is located in the United
States to coordinate all HIV/AIDS activities within the Peace
Corps. Such individual may be an individual who is an officer
or employee of the Peace Corps on the date of the enactment
of this Act.
(2) Field coordination.--In addition to the position
established under paragraph (1), the Director should
designate an individual within each country in sub-Saharan
Africa, the Western Hemisphere, and Asia in which Peace Corps
volunteers carry out HIV/AIDS activities to coordinate all
such activities of the Peace Corps in such countries.
(c) Definitions.--In this section:
(1) AIDS.--The term ``AIDS'' means the acquired immune
deficiency syndrome.
(2) HIV.--The term ``HIV'' means the human immunodeficiency
virus, the pathogen that causes AIDS.
(3) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to
an individual, an individual who is infected with HIV or
living with AIDS.
(4) Infectious diseases.--The term ``infectious diseases''
means HIV/AIDS, tuberculosis, and malaria.
SEC. 1105. PEACE CORPS NATIONAL ADVISORY COUNCIL.
Section 12 of the Peace Corps Act (22 U.S.C. 2511; relating
to the Peace Corps National Advisory Council) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C), by striking ``and'' after the
semicolon;
(B) by redesignating subparagraph (D) as subparagraph (E);
and
(C) by inserting after subparagraph (C) the following:
``(D) make recommendations for utilizing the expertise of
returned Peace Corps volunteers and former Peace Corps staff
in fulfilling the goals of the Peace Corps; and'';
(2) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) in the first sentence--
(I) by striking ``fifteen'' and inserting ``eleven''; and
(II) by striking ``President, by and with the advice and
consent of the Senate'' and inserting ``Director of the Peace
Corps'';
(ii) by striking the second sentence and inserting the
following: ``Six of the members shall be former Peace Corps
volunteers, at least one of whom shall have been a former
staff member abroad or in the Washington headquarters, and
not more than six shall be members of the same political
party.'';
(B) by striking subparagraph (B);
(C) by amending subparagraph (D) to read as follows:
``(D) The members of the Council shall be appointed to 2-
year terms.'';
(D) in subparagraph (H), by striking ``nine'' and inserting
``seven'';
(E) in subparagraph (I), by striking ``President shall
nominate'' and inserting ``Director shall appoint''; and
(F) by redesignating subparagraphs (C), (D), (E), (F), (G),
(H), and (I) as subparagraphs (B), (C), (D), (E), (F), (G),
and (H), respectively; and
(3) by amending subsection (g) to read as follows:
``(g) Chair.--The Director shall designate one of the
voting members of the Council as Chair, who shall serve in
that capacity for a term of two years. The Director may renew
the term of a voting member appointed as Chair under the
preceding sentence.''.
SEC. 1106. READJUSTMENT ALLOWANCES.
The Peace Corps Act is amended--
(1) in section 5(c) (22 U.S.C. 2504(c)), by striking ``$125
for each month of satisfactory service'' and inserting ``$275
for each month of satisfactory service during fiscal year
2004 and $300 for each month of satisfactory service
thereafter''; and
(2) in section 6(1) (22 U.S.C. 2505(1)), by striking ``$125
for each month of satisfactory service'' and inserting ``$275
for each month of satisfactory service during fiscal year
2004 and $300 for each month of satisfactory service
thereafter''.
SEC. 1107. PROGRAMS AND PROJECTS OF RETURNED PEACE CORPS
VOLUNTEERS AND FORMER STAFF.
(a) Purpose.--The purpose of this section is to provide
support for returned Peace Corps volunteers to develop and
carry out programs and projects to promote the objectives of
the Peace Corps Act, as set forth in section 2(a) of that Act
(22 U.S.C. 2501(a)).
[[Page H6781]]
(b) Grants to Certain Nonprofit Corporations.--
(1) Grant authority.--
(A) In general.--To carry out the purpose of this section,
and subject to the availability of appropriations, the
Director may award grants on a competitive basis to private
nonprofit corporations for the purpose of enabling returned
Peace Corps volunteers to use their knowledge and expertise
to develop and carry out the programs and projects described
in paragraph (2).
(B) Delegation of authority and transfer of funds.--The
Director may delegate the authority to award grants under
subparagraph (A) and may transfer funds authorized under this
section subject to the notification procedures of section
634A of the Foreign Assistance Act of 1961 to the Chief
Executive Officer of the Corporation for National and
Community Service (referred to in this section as the
``Corporation'').
(2) Programs and projects.--Such programs and projects may
include--
(A) educational programs designed to enrich the knowledge
and interest of elementary school and secondary school
students in the geography and cultures of other countries
where the volunteers have served;
(B) projects that involve partnerships with local libraries
to enhance community knowledge about other peoples and
countries; and
(C) audio-visual projects that utilize materials collected
by the volunteers during their service that would be of
educational value to communities.
(3) Eligibility for grants.--To be eligible to compete for
grants under this section, a nonprofit corporation shall have
a board of directors composed of returned Peace Corps
volunteers and former Peace Corps staff with a background in
community service, education, or health. If the grants are
made by the Corporation, the nonprofit corporation shall meet
all appropriate Corporation management requirements, as
determined by the Corporation.
(c) Grant Requirements.--Such grants shall be made pursuant
to a grant agreement between the Peace Corps or the
Corporation and the nonprofit corporation that requires
that--
(1) the grant funds will only be used to support programs
and projects described in subsection (a) pursuant to
proposals submitted by returned Peace Corps volunteers
(either individually or cooperatively with other returned
volunteers);
(2) the nonprofit corporation will give consideration to
funding individual programs or projects by returned Peace
Corps volunteers, in amounts of not more than $50,000, under
this section;
(3) not more than 20 percent of the grant funds made
available to the nonprofit corporation will be used for the
salaries, overhead, or other administrative expenses of the
nonprofit corporation;
(4) the nonprofit corporation will not receive grant funds
for programs or projects under this section for a third or
subsequent year unless the nonprofit corporation makes
available, to carry out the programs or projects during that
year, non-Federal contributions--
(A) in an amount not less than $2 for every $3 of Federal
funds provided through the grant; and
(B) provided directly or through donations from private
entities, in cash or in kind, fairly evaluated, including
plant, equipment, or services; and
(5) the nonprofit corporation shall manage, monitor, and
submit reports to the Peace Corps or the Corporation, as the
case may be, on each program or project for which the
nonprofit corporation receives a grant under this section.
(d) Status of the Fund.--Nothing in this section shall be
construed to make any nonprofit corporation supported under
this section an agency or establishment of the Federal
Government or to make the members of the board of directors
or any officer or employee of such nonprofit corporation an
officer or employee of the United States.
(e) Factors in Awarding Grants.--In determining the number
of nonprofit corporations to receive grants under this
section for any fiscal year, the Peace Corps or the
Corporation--
(1) shall take into consideration the need to minimize
overhead costs that direct resources from the funding of
programs and projects; and
(2) shall seek to ensure a broad geographical distribution
of grants for programs and projects under this section.
(f) Congressional Oversight.--Grant recipients under this
section shall be subject to the appropriate oversight
procedures of Congress.
(g) Funding.--
(1) In general.--There is authorized to be appropriated to
carry out this section up to $10,000,000. Such sum shall be
in addition to funds made available to the Peace Corps under
this division.
(2) Availability.--Amounts appropriated pursuant to
paragraph (1) are authorized to remain available until
expended.
(h) Crisis Corps.--
(1) Statement of policy.--Congress states that the Crisis
Corps has been an effective tool in harnessing the skills and
talents of returned Peace Corps volunteers.
(2) Increase in number of crisis corps assignments.--The
Director, in consultation with the governments of host
countries and appropriate nongovernmental organizations,
shall increase the number of available Crisis Corps
assignments for returned Peace Corps volunteers to at least
120 assignments in fiscal year 2004, 140 assignments in
fiscal year 2005, 160 assignments in fiscal year 2006, and
165 assignments in fiscal year 2007.
SEC. 1108. DECLARATION OF POLICY.
Congress declares its support for the goal announced by
President Bush of doubling the number of Peace Corps
volunteers to 14,000 by 2007 and supports the funding levels
necessary to accomplish this growth.
SEC. 1109. PEACE CORPS IN SIERRA LEONE.
(a) Findings.--Congress makes the following findings:
(1) Peace Corps service to Sierra Leone was suspended in
1994 due to a brutal civil war between the government and the
Revolutionary United Front (RUF).
(2) Backed by British military intervention and a United
Nations peacekeeping operation, government authority has been
reestablished throughout the country and ``free and fair''
national elections took place in May 2002.
(3) Sierra Leone is a majority Muslim country.
(4) The Peace Corps has given the safety and security of
its volunteers high priority.
(b) Sense of Congress.--It is the sense of Congress that
the Peace Corps should return its program to Sierra Leone as
soon as security conditions are consistent with the safety
and security of its volunteers.
SEC. 1110. AUTHORIZATION OF APPROPRIATIONS.
Section 3(b)(1) of the Peace Corps Act (22 U.S.C.
2502(b)(1)) is amended by striking ``and $365,000,000 fiscal
year 2003'' and inserting ``$365,000,000 for fiscal year
2003, $366,868,000 for fiscal year 2004, $411,800,000 for
fiscal year 2005, $455,930,000 for fiscal year 2006, and
$499,400,000 for fiscal year 2007''.
The CHAIRMAN pro tempore. Pursuant to House Resolution 316, the
gentleman from Illinois (Mr. Hyde) and a Member opposed each will
control 10 minutes.
The Chair recognizes the gentleman from Illinois (Mr. Hyde).
Mr. HYDE. Mr. Chairman, I yield myself such time as I may consume.
I rise today to offer amendment No. 2, which includes the text of
H.R. 2441, the Millennium Challenge Account Authorization and Peace
Corps Expansion Act of 2003.
The Millennium Challenge Account is based on the revolutionary idea
that countries must be accountable for their actions, be responsible
for developing and advancing their own plans of progress, and must show
results in order to receive economic assistance from the American
taxpayer. The Peace Corps Expansion Act supports the President's vision
that he described in this Chamber during his 2002 State of the Union
address to double the number by the year 2007 of Peace Corps volunteers
serving their Nation overseas.
Many U.S. assistance programs have not achieved results over the
years. Some assistance has allowed corrupt leaders to amass personal
fortunes and remain in power beyond the will of the citizenry. Other
aid has allowed leaders and governments to abdicate responsibility for
effective governance and pursue detrimental, self-destructive, or
personally self-enriching policies. Other assistance has gone to
consultants or middlemen with little results to show in the end.
These failures of the past should not lead us to turn our backs on
the developing world. Just the opposite. Now is the time for American
leadership and for America to recognize through its aid those countries
that respect the rights of citizens, promote democracy, and encourage
economic freedom and prosperity. However, we need to demonstrate what
works and what does not, and we need to hold accountable those
governments and leaders who do not choose the right path of reform.
The President's proposal is the first serious attempt to address the
fact that existing U.S. development assistance programs have
consistently failed to meet their stated goals. Despite decades of
economic aid, many Nations are poorer now than they were before first
receiving development assistance. The President's proposal is
enthusiastically supported by the relief and development
nongovernmental community, as well as by the Heritage Foundation, the
Wall Street Journal, and other organizations that have previously
assailed foreign assistance as wasteful, inefficient, and ineffective.
The U.S. must be more selective in aid distribution if the assistance
is to be effective and a positive contributor to development. As
proposed by the President and included in the legislation before us
today, MCA assistance will reward only those recipients who
[[Page H6782]]
willingly adopt good policies and institutions. Of the 70-or-so
countries currently eligible for development assistance, it is possible
that only 10 countries will meet the strict criteria stipulated by the
President and endorsed in this bill.
At the funding levels proposed, this may mean a very high level of
assistance for MCA-eligible countries. The administration believes this
will create a competition among cusp countries which may accelerate
reforms and the adoption of good policies. This amendment endorses this
approach.
The President's proposal for a Millennium Challenge Account deserves
our support. We should embrace the idea of increasing U.S. economic
assistance but only to those countries that demonstrate a commitment to
human rights, democratic ideals and practices, and investment in
people.
H.R. 2441, reported favorably by the Committee on International
Relations, is truly a bipartisan bill that supports two of the
President's key foreign policy initiatives and has more than 70
cosponsors. The work of the gentleman from California (Mr. Lantos), the
ranking member on this committee, has been indispensable; and I
congratulate and thank him, and I urge my colleagues to support the
Hyde-Lantos amendment, which incorporates the text from H.R. 2441.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN pro tempore. Does the gentleman from California (Mr.
Lantos) seek to control the time on the proposed amendment?
Mr. LANTOS. Mr. Chairman, yes, I do.
The CHAIRMAN pro tempore. The gentleman is recognized.
Mr. LANTOS. Mr. Chairman, I yield myself such time as I may consume.
First, I want to commend my good friend and colleague, the gentleman
from Illinois (Chairman Hyde), for the power and integrity of his
convictions. The Millennium Challenge Account would not have been
possible without his leadership and commitment to a bipartisan approach
to international poverty reduction.
The Millennium Challenge Account, as conceived by the President and
crafted by the Committee on International Relations, marks the
beginning of a revolution in U.S. international development assistance
by recognizing the importance of democratic rule, good governance, and
human rights. In achieving sustainable levels of economic growth and
social development, the MCA creates the political and economic linkages
critical to reducing poverty and to achieving progress.
At the same time, the MCA removes the Cold War-era strategic calculus
from the development assistance equation. Each potential recipient of
our assistance is to be judged on its own merits, based on their
commitment to progress and our commitment to the political, economic,
social, and humanitarian value of development assistance.
Finally, the MCA implicitly endorses a critical aspect of our
approach to combatting international terrorism. Although the
administration has not focused on this point, modern terrorism of the
kind that struck our Nation on September 11 is fueled in part by the
desperation and hopelessness that pervades much of the developing
world. The MCA provides new hope, and as such, represents a powerful
antidote to terrorism and other forms of violent conflict that have
stalled the developing world.
Mr. Chairman, when the Committee on International Relations held its
first meeting on the MCA, I expressed a range of concerns about various
aspects of the administration's initial proposal. I am pleased to say
that the legislation included in this amendment has addressed
satisfactorily each of my earlier concerns, and the Hyde-Lantos
amendment before us has my very strong support.
The administration's initial proposal relegated USAID, the most
capable agency within our government in administering international
assistance, to a bit part in managing this massive account. Our
bipartisan amendment restores USAID to its rightful role by providing
its administrator with a seat and a vote on the Millennium Challenge
Corporation's board of directors. Together with the interagency
coordination that our amendment requires, this improvement promises to
strengthen the MCA considerably.
Our bipartisan amendment also addresses my earlier concerns about the
rigid application of strict eligibility criteria by mandating
congressional and societal consultations on the finalization of
criteria. By providing for an annual reevaluation process and by
authorizing limited assistance to those countries on the cusp of
eligibility, our legislation safeguards against the inherently
arbitrary nature of mechanically selecting qualified states.
Mr. Chairman, the Hyde-Lantos MCA amendment will not single handedly
eradicate poverty, nor will it place the United States in the same
company as Denmark, Norway, and the Netherlands, the global leaders in
this field, in terms of per capita levels of development assistance;
but our legislation will renew our commitment to poor, but striving,
countries in our common fight against hunger and despair.
Speaking as someone who as a youth experienced both tremendous
deprivation and the bounty of American generosity, I can testify to the
profound influence that U.S. assistance can have on shaping the
perceptions of foreign nations of our great country.
Mr. Chairman, allow me to conclude by addressing the reauthorization
of the Peace Corps, which is also included in this amendment. It is
fitting that we consider the Millennium Challenge Account and the Peace
Corps jointly because both are critical to enhancing U.S. international
development assistance.
Since President Kennedy first deployed the Peace Corps in 1961, the
program's 168,000 volunteers, men and women, young and old, have made
an immeasurable contribution to reducing poverty and promoting American
values literally all over the globe. Reauthorizing this inspirational
initiative is clearly in our national interests and in the interests of
reducing poverty and restoring hope across the globe.
Two of our colleagues deserve special recognition for bringing the
Peace Corps reauthorization before us. The gentlewoman from Minnesota
(Ms. McCollum), a new, but invaluable, member of our committee, and the
gentleman from California (Mr. Farr), a former Peace Corps volunteer
himself, were instrumental in crafting this amendment; and I am deeply
indebted to both of them.
Mr. Chairman, today this Chamber has the opportunity to reauthorize
the Peace Corps and to establish the Millennium Challenge Account. Both
initiatives offer the best hope to defeat international poverty and
international terrorism, and I strongly urge all of my colleagues to
support the Hyde-Lantos amendment.
{time} 1430
Mr. LANTOS. Mr. Chairman, I reserve the balance of my time.
Mr. HYDE. I yield 3 minutes to the gentleman from Wisconsin (Mr.
Green).
Mr. GREEN of Wisconsin. Mr. Chairman, I thank the gentleman for
yielding me this time.
Mr. Chairman, some months ago, I met with an American ambassador
posted in an Islamic nation. That ambassador said she often heard the
charge that America was losing the battle for the hearts and minds of
the young Muslim world. She said to me that that charge was untrue. It
was not that we were losing the battle, but that we are not even in it.
Mr. Chairman, today, by supporting the Millennium Challenge Account,
we step into the fray not just with respect to young Muslims but to
Africans in general and Asians and Latin Americans and others in the
underdeveloped world who have all too often been left behind or been
left out.
There is so much to commend the Millennium Challenge Account. For
conservatives, it will bring greater accountability and results in our
foreign assistance. For internationalists, it will dramatically
increase foreign assistance. For all of us, this legislation, in very
bold ways, rewards and encourages and reinforces those policies that
will root out corruption, policies that will produce education reform,
a commitment to health care, and, most importantly, greater freedom.
Mr. Chairman, during these troubled times, the best thing I can say
about the Millennium Challenge Account is
[[Page H6783]]
that it will make a historic difference in our long struggle with
terrorism. An observer recently noted that in our long battle with the
threat of terrorism it is not enough for us to merely hunt down the
terrorists. We must also shut down the schools and institutions and the
policies that churn out wave after wave of hate-filled attackers. We
cannot destroy all the terrorists and potential terrorists. We cannot
capture every last bomb and every bullet. We have to change their minds
as well. And we can only do so by showing them in compassionate ways
our values and our principles in action.
We must attack those conditions that foster despair, because despair
can lead to radicalism; and in tyranny that radicalism can lead to
vivid evil violence, violence that we have seen too painfully in recent
months.
The Millennium Challenge Account must be our answer. It offers
resources to those in need. It shows beyond doubt that Americans care
about the plight of humanity. And, finally, it rewards those leaders
who are committed to freedom and reform and the values and the
principles that everyone in this Chamber holds dear.
I commend the President for his vision in introducing the Millennium
Challenge Account. I commend and thank the chairman of the Committee on
International Relations and the ranking member for their leadership in
bringing it here today. I congratulate them. Together, my friends, we
are making history, in my view, in a very positive way.
Mr. LANTOS. Mr. Chairman, I am very pleased to yield 2 minutes to the
gentleman from California (Mr. Farr), my good friend and colleague and
a former Peace Corps volunteer.
Mr. FARR. Mr. Chairman, I want to thank my colleagues, the Chair and
ranking member of the Committee on International Relations, for this
great piece of legislation that is coming before us. I want to express
my particular appreciation for the inclusion of the Peace Corps
Expansion Act in this bill.
Five of us now serving in the United States House of Representatives
are returned Peace Corps volunteers, and we very much appreciate the
work of this committee to strengthen the Peace Corps. I want to thank
the gentleman from Illinois (Mr. Hyde) and the ranking member, the
gentleman from California (Mr. Lantos), for their leadership in
bringing this important bill to the floor.
The Peace Corps was, for me, a life-challenging experience, a life-
changing experience as well as challenging. The Peace Corps Expansion
Act will help offer this unique experience to more Americans than ever
before. I would like to engage in a brief colloquy with the
distinguished ranking member about an amendment that I offered that was
not made in order for this rule. My understanding is that the gentleman
has had the opportunity to familiarize himself with the amendment,
known as the Winning The Peace Act of 2003 that seeks to strengthen
U.S. capabilities in responding to the challenges of postconflict
reconstruction.
The framework for the amendment is the result of my work and that of
my colleagues, the gentleman from Virginia (Mr. Wolf) and the gentleman
from Nebraska (Mr. Bereuter), on the Post-Conflict Reconstruction
Commission.
Mr. LANTOS. Mr. Chairman, will the gentleman yield?
Mr. FARR. I yield to the gentleman from California.
Mr. LANTOS. Mr. Chairman, I am fully aware of the gentleman's
excellent amendment, and I support his efforts in enhancing our
capability to provide post-conflict reconstruction assistance.
The legislation of the gentleman addresses the importance of
providing a coherent strategy in the provision of assistance to
postconflict reconstruction in countries and regions. In today's world,
we are continually faced with humanitarian disasters, wars and other
crises, and enhancing our capability in providing reconstruction
assistance in times of such crises is a vital and necessary goal that
we must achieve.
I want to commend my friend for proposing this very useful approach.
Mr. FARR. Reclaiming my time, Mr. Chairman, I thank the gentleman for
his comments, and I look forward to working both with the chairman and
the ranking member on this important legislation.
Mr. HYDE. Mr. Chairman, I am pleased to yield 2\1/2\ minutes to the
distinguished gentlewoman from Florida (Ms. Harris).
(Ms. HARRIS asked and was given permission to revise and extend her
remarks.)
Ms. HARRIS. Mr. Chairman, H.R. 2441, the Millennium Challenge Account
Authorization Act of 2003 implements President Bush's historic
initiative to comprehensively reform how the United States designs,
implements, and monitors its financial assistance to the developing
world.
The President proposed the Millennium Challenge Account, or MCA, as
the vehicle for realizing, in his words, ``a new compact for global
development defined by a new accountability for both rich and poor
nations alike.'' The testimony that this committee heard on March 6
confirmed that many U.S. financial assistance programs have fallen
short of their objective in past years. Basing aid allocations upon
recipient governments' pledges of future reform, these programs have
often funded corruption and waste.
Instead of lifting countries out of poverty, the American taxpayer
money has lined the pockets of corrupt leaders, consultants and
middlemen while perpetuating inefficient and counterproductive
government policies. Particularly in the post 9-11 environment, these
concerns must not deter us from attempting to foster freedom and
prosperity throughout the world. Quite to the contrary, our national
security and defense from terrorism depends upon how well we promote
these national precursors of peace and stability.
Through the MCA, the United States will gradually increase its annual
aid to developing nations. Unlike the current economic assistance
programs, however, the MCA will distribute this additional assistance
based upon the existing record and achievements of eligible nations
rather than upon the promises of their governments.
Mr. Chairman, this legislation is not perfect, and in particular I
remain concerned that the provisions in the current bill limiting the
participation of middle income nations will exclude many of our Latin
American neighbors that still wrestle with large intractable pockets of
poverty. For moral, strategic, and economic reasons, the challenges
that confront Latin America must remain at the top of our priorities of
our foreign aid and strategy.
As the legislative process continues, I will persist in drawing
attention to this critical issue. Many Latin American nations can serve
as strategic models for the reforms that this legislation tries to
encourage.
Notwithstanding this one concern, I believe we stand at the cusp of a
remarkable achievement. I commend President Bush and our honorable
chairman for their extraordinary vision and foresight in proposing this
aptly named initiative. They have truly posed a challenge to the
nations we seek to assist and a challenge to us all as well.
Mr. LANTOS. Mr. Chairman, I am delighted to yield 1 minute to the
gentleman from New Jersey (Mr. Payne), the distinguished ranking member
of our Subcommittee on Africa.
(Mr. PAYNE asked and was given permission to revise and extend his
remarks.)
Mr. PAYNE. Mr. Chairman, let me commend the gentleman from Illinois
(Mr. Hyde) and the ranking member, the gentleman from California (Mr.
Lantos), for bringing this important legislation to the floor.
When President Bush announced his MCA initiative, I originally was
skeptical and concerned about the rigid eligibility criteria and those
groups who would be determined eligible. But after considering what the
MCA could do for development around the world, I offer my support; and
I have worked with my colleagues on both sides of the aisle to make
sure this program works and also to make sure not only that we do not
cut back our other foreign assistance commitment but to keep this
program and bring it to its full force.
During the recent trip of the President, he spoke about the MCA and
pledged to the heads of state from Africa his commitment to make sure
that the Millennium Challenge Account is fully funded. I am concerned
about the
[[Page H6784]]
fact that the MCA is not fully funded and this Congress has only
appropriated $800 million this past cycle. How will we ever make the $5
billion we were supposed to do over a 3-year period? The administration
requested $1.3 billion, but only $800 million has been appropriated.
So I urge the restoring of the full amount to the Millennium account.
The CHAIRMAN pro tempore (Mr. Ose). The Committee will rise
informally.
The SPEAKER pro tempore (Mr. Green of Wisconsin) assumed the Chair.
____________________