[Congressional Record Volume 150, Number 19 (Monday, February 23, 2004)]
[Senate]
[Pages S1459-S1460]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LUGAR:
  S. 2096. A bill to promote a free press and open media through the 
National Endowment for Democracy and for other purposes; to the 
Committee on Foreign Relations.
  Mr. LUGAR. Mr. President, I rise today to introduce the International 
Free Press and Open Media Act of 2004.
  This legislation will provide greater focus on, and more coordination 
of, initiatives to develop free, fair, legally protected, and self-
sustaining press and media in the world.
  A free press is enshrined as a cornerstone of democracy in the First 
Amendment to the United States Constitution. The Universal Declaration 
of Human Rights, passed by the United Nations in 1948, also proscribes 
free press and media.
  The United States government through various agencies and programs 
has long been involved in helping to train journalists around the 
world, and establish newspapers, magazines, and radio and television 
stations.
  These programs, however, are not centralized in one bureau or agency. 
Many are orphans to other assistance programs. They are effective in 
training journalists, but they stop short of ensuring that the media in 
a developing country has the necessary legal protections, follows basic 
rules of fairness and equal access, and can sustain itself financially.
  In addition, these existing media programs are not established in 
ways to leverage federal government spending with the assistance of 
America's vibrant media sector. There is a strong desire by our finest 
journalism schools, newspapers, broadcasters, and marketing and 
advertising enterprises to help build free press and open media in the 
world. We also need to engage all the new media, like Internet 
companies and wireless forms of communications.
  To better organize and focus these efforts, this legislation directs 
the Secretary of State to provide funding to the National Endowment for 
Democracy for the work a free press institute. For more than 20 years 
the National Endowment for Democracy has been leading American efforts 
to help build the required democratic institutions of a free society. 
The President's proposed 2005 budget wisely doubles the funding for the 
work of the Endowment.
  It is important to note that the National Endowment for Democracy and 
its four existing institutes--representing the two major political 
parties, business, and labor--have established a reputation in the 
world for integrity and transparency. They are ambassadors of the best 
traditions of American democracy, and they have provided continuity to 
democratization efforts, even as administrations and policies have 
changed.
  Having served on the board of the Endowment for a number of years, as 
have some of my colleagues, I can attest that the independence of the 
NED is central to the success of its initiatives to help develop a free 
press in the world. This bill seeks to employ the uniquely independent 
organization of the NED to accomplish a mission that complements public 
diplomacy, but is separate from it. The U.S. government maintains 
important public diplomacy programs, where the goal is to communicate 
American views to the world. But developing a free press in emerging 
democracies goes beyond advocacy of American views. It requires us to 
have a tolerance for criticism, to take into account cultural 
differences, and to commit to long-term projects. The NED is suited to 
this mission.
  A fully successful U.S. foreign policy requires that we make progress 
in building democratic institutions internationally, especially free 
and open media. Societies that are built on the foundation of a free 
press are far less likely to abuse human rights or threaten American 
security.
  I look forward to the support of my colleagues on this legislation, 
and hope for speedy consideration.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2096

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``International Free Press and 
     Open Media Act of 2004''.

     SEC. 2. FINDINGS.

     Congress makes the following findings:
       (1) It is in the national interest of the United States to 
     promote the development of free press and open media around 
     the world, as such development increases the national 
     security of the United States.
       (2) A free press and open media, including traditional 
     forms of communications such as print media, television, and 
     radio programming, and films and entertainment media, as well 
     as emerging forms of communication such as media transmitted 
     on the Internet and by wireless transmissions, are among the 
     foundations of democratic institutions in an open society 
     that respects human rights.
       (3) A free press and open media can best be achieved if the 
     press and media--
       (A) are located in a country that--
       (i) has legal protections to ensure that the press and 
     media are independent of government control or subversion and 
     are able to deliver information without impediment; and
       (ii) has journalists, editors, publishers, producers, and 
     business executives who are practiced in the basic concepts 
     of fairness and equal access in a civil society; and
       (B) are able to be financially self-sufficient through 
     subscription fees, advertising revenues, donations, or other 
     funding mechanisms.
       (4) Private sector groups in the United States, including 
     businesses and nongovernmental organizations, have carried 
     out a variety of activities to promote free press and open 
     media in foreign countries.
       (5) There is a need to establish an entity--
       (A) to address issues related to the development of a free 
     press and open media; and
       (B) to bring together individuals and institutions to 
     organize and focus greater attention on the establishment of 
     new, and the enhancement of existing, free media programs 
     throughout the world.
       (6) The National Endowment for Democracy (in this section 
     referred to as the ``NED'') is a nonprofit, federally funded, 
     grantmaking, nongovernmental organization recognized by 
     Congress in the National Endowment for Democracy Act (22 
     U.S.C. 4411 et seq.).
       (7) The NED has historically provided support and 
     coordination of the activities of private sector groups and 
     nongovernmental organizations that promote democratic 
     institutions.
       (8) The NED has received strong bipartisan support from 
     Presidents and Congress since it was established in 1983.

[[Page S1460]]

       (9) The NED is the appropriate entity--
       (A) to address issues related to the development of a free 
     press and open media; and
       (B) to bring together individuals and institutions to 
     organize and focus greater attention on the establishment of 
     new, and enhancement of existing, free media programs 
     throughout the world.

     SEC. 3. AMENDMENTS TO THE NATIONAL ENDOWMENT FOR DEMOCRACY 
                   ACT.

       (a) Purposes of the Endowment.--Section 502(b) of the 
     National Endowment for Democracy Act (22 U.S.C. 4411(b)) is 
     amended--
       (1) in paragraph (1), by striking ``rights)'' and inserting 
     ``rights and freedom of the press and other media)'';
       (2) in paragraph (2), by striking ``and business;'' and 
     inserting ``business, and media;'';
       (3) in paragraph (3), by inserting ``media,'' after 
     ``business,''; and
       (4) in paragraph (5), by inserting ``media,'' after 
     ``business,''.
       (b) Funds To Promote Freedom of the Press.--Section 503 of 
     the National Endowment for Democracy Act (22 U.S.C. 4412) is 
     amended by striking subsection (e) and inserting the 
     following:
       ``(e) Not less than 10 percent of the amounts made 
     available to the Endowment for fiscal year 2005 should be 
     made available for programs to promote freedom of the press 
     and other media.''.
                                 ______