[House Report 108-105]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-105
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2004 AND 2005
_______
May 16, 2003.--Ordered to be printed
_______
Mr. Hyde, from the Committee on International Relations, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1950]
[Includes committee cost estimate]
The Committee on International Relations, to whom was
referred 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, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 5
Purpose and Summary.............................................. 83
Background and Need for the Legislation.......................... 84
Hearings......................................................... 85
Committee Consideration.......................................... 85
Votes of the Committee........................................... 88
Committee Oversight Findings..................................... 89
New Budget Authority and Tax Expenditures........................ 89
Committee Cost Estimate.......................................... 89
Performance Goals and Objectives................................. 89
Constitutional Authority Statement............................... 89
New Advisory Committees.......................................... 90
Congressional Accountability Act................................. 90
Federal Mandates................................................. 90
Changes in Existing Law.......................................... 90
Sectional Analyses............................................... 90
Additional Views................................................. 154
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 airlift services provided 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. 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 on benchmarks for Bosnia.
Sec. 702. Reports to Committee on International Relations.
Sec. 703. Reports concerning the capture and prosecution of
paramilitary and other terrorist leaders in Colombia.
Sec. 704. Reports relating to Magen David Adom Society.
Sec. 705. Report concerning the return of portraits of Holocaust
victims to the artist Dina Babbitt.
Sec. 706. Report to Congress on use of vested assets.
Sec. 707. Report concerning the conflict in Uganda.
Sec. 708. Requirement for report on United States policy toward Haiti.
Sec. 709. Report on the effects of Plan Columbia on Ecuador.
Sec. 710. Report on actions taken by Pakistan.
Sec. 711. Report on democracy in the Western Hemisphere.
Sec. 712. 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.
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--EXPORTS OF SATELLITES
Sec. 1501. Export controls on satellites and related items.
Sec. 1502. Mandatory review by Department of State.
Sec. 1503. Export restrictions not affected.
Sec. 1504. Definitions.
TITLE XVI--PROMOTION OF DEMOCRACY, HUMAN RIGHTS, AND RULE OF LAW IN
BELARUS
Sec. 1601. Assistance to promote democracy and civil society in
Belarus.
Sec. 1602. Radio broadcasting to Belarus.
Sec. 1603. Sense of Congress relating to sanctions against the
Government of Belarus.
Sec. 1604. Multilateral cooperation.
Sec. 1605. Report.
Sec. 1606. Definitions.
TITLE XVII--ISRAELI-PALESTINIAN PEACE ENHANCEMENT ACT OF 2003
Sec. 1701. Short title.
Sec. 1702. Findings.
Sec. 1703. Purposes.
Sec. 1704. Sense of Congress.
Sec. 1705. Recognition of a Palestinian state.
Sec. 1706. Limitation on assistance to a Palestinian state.
Sec. 1707. Authorization of assistance to a Palestinian state.
TITLE XVIII--MISCELLANEOUS FOREIGN ASSISTANCE PROVISIONS
Sec. 1801. Additional authorities relating to international narcotics
control assistance.
Sec. 1802. United States opium eradication program in Colombia.
Sec. 1803. Cooperative Development Program.
Sec. 1804. West Bank and Gaza Program.
Sec. 1805. Annual human rights country reports on incitement to acts of
discrimination.
Sec. 1806. Assistance to East Timor.
Sec. 1807. Support for democracy-building efforts for Cuba.
Sec. 1808. Amendment to the Afghanistan Freedom Support Act of 2002.
Sec. 1809. Congo Basin Forest Partnership.
Sec. 1810. Combatting the piracy of United States copyrighted
materials.
Sec. 1811. Assistance for law enforcement forces in certain foreign
countries.
Sec. 1812. Human Rights and Democracy Fund.
Sec. 1813. Enhanced police training.
Sec. 1814. Promoting a secure and democratic Afghanistan.
Sec. 1815. 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.
(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 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 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.
(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.
``(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.
(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 AIRLIFT SERVICES PROVIDED TO THE
DEPARTMENT OF STATE.
Section 2642 of title 10, United States Code, is amended--
(1) in the heading by inserting ``and Department of State''
after ``Central Intelligence Agency''; and
(2) in subsection (a) by striking ``Agency,'' and inserting
``Agency or the Department of State,''.
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. SECURITY CAPITAL COST SHARING.
(a) Authorization.--The first section of the Foreign Service
Buildings Act, 1926 (22 U.S.C. 292) is amended by adding at the end the
following new subsection:
``(c) Security Capital Cost-Sharing Program.--(1) The Secretary of
State, as the single manager of all buildings and grounds acquired
under this Act or otherwise acquired or authorized for the use of the
diplomatic and consular establishments in foreign countries, is
authorized to establish and implement a Security Capital Cost-Sharing
Program to collect funds from each agency on the basis of its total
overseas presence in a manner that encourages rightsizing of its
overseas presence, and expend those funds to accelerate the provision
of safe, secure, functional buildings for United States Government
personnel overseas.
``(2) The Secretary is authorized to determine annually and charge
each Federal agency the amount to be collected under paragraph (1) from
the agency. To determine such amount, the Secretary may prescribe and
use a formula that takes into account the number of authorized
positions of each agency, including contractors and locally hired
personnel, who are assigned to United States diplomatic facilities and
are under the authority of a chief of mission pursuant to section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927).
``(3) The head of an agency charged a fee under this section shall
remit the amount of the fee to the Secretary of State through the
Intra-Governmental Payment and Collection System or other appropriate
means.
``(4) There shall be established on the books of the Treasury an
account to be known as the `Security Capital Cost-Sharing Program
Fund', which shall be administered by the Secretary. There shall be
deposited into the account all amounts collected by the Secretary
pursuant to the authority under paragraph (1), and such funds shall
remain available until expended. Such funds shall be used solely for
the provision of new safe, secure, functional diplomatic facilities
that comply with all applicable legal standards, including those
standards established under the authority of the Secure Embassy
Construction and Counterterrorism Act of 1999. The Secretary shall
include in the Department of State's Congressional Presentation
Document an accounting of the sources and uses of the amounts deposited
into the account.
``(5) The Secretary shall not collect a fee for an authorized
position of an agency of the Federal Government that has been or would
be granted a waiver pursuant to section 606(a)(2)(B)(i) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C.
4865(a)(2)(B)(i)).
``(6) In this subsection--
``(A) the term `agency of the Federal Government'--
``(i) includes the Interagency Cooperative
Administrative Support Service; and
``(ii) does not include the Marine Security Guard;
and
``(B) the term `United States diplomatic facility' has the
meaning given that term in section 603 of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865
note).''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on October 1, 2004.
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--
(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 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 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--
(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 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:
(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.
``(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).
(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 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 others 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 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 ON BENCHMARKS FOR BOSNIA.
(a) Section 7 of the 1998 Supplemental Appropriations and Rescissions
Act (Public Law 105-174, 112 Stat. 64) is amended--
(1) at the end of paragraph (1) by striking ``; and'' and
inserting a period;
(2) by striking ``Congress'' and all that follows through
``not later'' and inserting ``Congress not later''; and
(3) by striking paragraph (2).
(b) Section 1203 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261) is repealed.
SEC. 702. REPORTS TO COMMITTEE ON INTERNATIONAL RELATIONS.
Notwithstanding any other provision of law, for the fiscal years 2004
and 2005, any report required by law or otherwise requested to be
submitted by the Secretary of State or the Department of State to any
committee of the Congress shall be submitted also to the Committee on
International Relations of the House of Representatives.
SEC. 703. 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. 704. 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.''.
SEC. 705. 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. 706. 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. 707. 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 an 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. 708. 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. 709. 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. 710. 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. 711. 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 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. 712. 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
(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''.
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 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.
(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 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.
(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
(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 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 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 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--EXPORTS OF SATELLITES
SEC. 1501. EXPORT CONTROLS ON SATELLITES AND RELATED ITEMS.
Notwithstanding any other provision of law, in the case of the export
of commercial communications satellites and related items to a country
that is a member of the North Atlantic Treaty Organization or that is a
major non-NATO ally of the United States, the President may determine
to what extent, and under which provisions of law, such export may be
controlled.
SEC. 1502. MANDATORY REVIEW BY DEPARTMENT OF STATE.
(a) Certain Defense Services.--The provision of defense services by
United States persons, including services or assistance provided during
technical interchange meetings, in connection with the launch of a
satellite from, or by nationals of, the People's Republic of China, are
subject to section 38 of the Arms Export Control Act.
(b) Notification to Congress.--At least 30 days before any export
license or any technical assistance agreement is approved under
subsection (a), the President shall transmit a certification with
respect to such export license or technical assistance agreement in the
manner provided in section 36(d) of the Arms Export Control Act, to the
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate. The export license or
technical assistance agreement shall not be approved if the Congress,
within that 30-day period, enacts a joint resolution prohibiting such
approval. The provisions of section 36(d)(5) of that Act shall apply
with respect to any such joint resolution, and the provisions of
section 36(f) of that Act shall apply with respect to any certification
submitted under this subsection.
SEC. 1503. EXPORT RESTRICTIONS NOT AFFECTED.
Nothing in this title shall be construed to--
(1) modify any restriction on exports imposed under any other
provision of law, including--
(A) restrictions on exports to--
(i) any country the government of which has
been determined by the Secretary of State to
have repeatedly provided support for acts of
international terrorism;
(ii) any country that does not adhere to the
Missile Technology Control Regime; or
(iii) any other country of proliferation
concern; and
(B) restrictions imposed under title IX of the
Foreign Relations Authorization Act, Fiscal Years 1990
and 1991; or
(2) affect any provision of section 1514 or 1515 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (22 U.S.C. 2778 note), or of title XIV of the National
Defense Authorization Act for Fiscal Year 2000 (22 U.S.C. 2778
note).
SEC. 1504. DEFINITIONS.
In this title:
(1) Defense service.--The term ``defense service'' means--
(A) the furnishing of assistance (including training)
to foreign persons, whether in the United States or
abroad, in the design, development, engineering,
manufacture, production, assembly, testing, repair,
maintenance, modification, operation, destruction,
processing, or use of a satellite or related items; and
(B) the furnishing to foreign persons, whether in the
United States or abroad, of any technical data in
connection with a satellite or related items.
(2) Related items.--The term ``related items'' means the
satellite fuel, ground support equipment, test equipment,
payload adapter or interface hardware, replacement parts, and
nonembedded solid propellant orbit transfer engines described
in the report submitted to Congress by the Department of State
on February 6, 1998, pursuant to section 38(f) of the Arms
Export Control Act (22 U.S.C. 2778(f)), as well as systems,
components, parts, accessories, and associated equipment for
satellites, including ground control equipment.
(3) 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. 1415(2)).
TITLE XVI--PROMOTION OF DEMOCRACY, HUMAN RIGHTS, AND RULE OF LAW IN
BELARUS
SEC. 1601. 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. 1602. 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. 1603. 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. 1604. 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. 1605. 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. 1606. 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 XVII--ISRAELI-PALESTINIAN PEACE ENHANCEMENT ACT OF 2003
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Israeli-Palestinian Peace
Enhancement Act of 2003''.
SEC. 1702. 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 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. 1703. 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. 1704. 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. 1705. 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. 1706. 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. 1707. 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.
``(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 XVIII--MISCELLANEOUS FOREIGN ASSISTANCE PROVISIONS
SEC. 1801. 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. 1802. 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. 1803. 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. 1804. WEST BANK AND GAZA PROGRAM.
(a) Oversight.--For fiscal year 2004, the Secretary of State shall
certify to the appropriate committees of Congress not later than 30
days prior to the initial 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. 1805. 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. 1806. 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. 1807. SUPPORT FOR DEMOCRACY-BUILDING EFFORTS FOR CUBA.
(a) Statement of Policy.--It is the policy of the United States to
support those individuals and groups who struggle for freedom and
democracy in Cuba, including human rights dissidents, independent
journalists, 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. 1808. AMENDMENT TO THE AFGHANISTAN FREEDOM SUPPORT ACT OF 2002.
The Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.)
is amended--
(1) in section 103(a) by striking ``section 512 of Public Law
107-115 or any similar'' and 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. 1809. CONGO BASIN FOREST PARTNERSHIP.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the President to carry out the Congo Basin Forest
Partnership (CBFP) program $18,600,000 for each of the fiscal years
2004 and 2005. Of the amounts appropriated pursuant to the
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. 1810. 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 appropriate assistance to, the
World Intellectual Property Organization to promote the integration of
non-OECD countries into the global intellectual property system.
SEC. 1811. 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. 1812. HUMAN RIGHTS AND DEMOCRACY FUND.
Section 664(c)(1) of the Freedom Investment Act of 2002 (subtitle E
of title VI of division A of Public Law 107-228; 22 U.S.C. 2151n-
2(c)(1)) is amended--
(1) by striking ``for fiscal year 2003'' and 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. 1813. 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. 1814. 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. 1815. 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.
Purpose and Summary
The Foreign Relations Authorization Act for Fiscal Years
2004 and 2005 authorizes funding for the Department of State
and the United States international broadcasting activities for
fiscal years 2004 and 2005, security assistance, and other
foreign affairs programs. H.R. 1950 authorizes the requested
funding for the Department's Diplomatic Readiness Initiative to
improve the ability of the United States to represent U.S.
interests around the globe, authorizes funding for U.S. embassy
security, which is critical to the protection of the U.S.
presence in countless countries where the threat of terrorism
continues, enhances the State Departments public diplomacy
programs, focuses the U.S. Government on anti-U.S. propaganda
and incitement in order to better communicate with the world,
revises the refugee resettlement process, and reorganizes U.S.
international broadcasting. The legislation also increases our
capacity at international organizations, where rogue regimes
and human rights violators are increasingly trying to assert
their influence and provides needed reforms to U.S. defense
export and missile non-proliferation policies. The bill also
addresses important regional and functional foreign policy
issues.
Background and Need for the Legislation
The United States continues to face key challenges around
the globe and is exerting its influence during a time of
particular instability. The need to forge coalitions to combat
international terrorism, the compelling U.S. interest in
fostering better understanding of this country and its
policies, the increasing use by rogue states and human rights
violators of international organizations to advance their
interests, and the continuing dangers of the proliferation of
lethal military equipment, weapons of mass destruction and the
means to deliver them requires a robust and sustained response
by the United States government. H.R. 1950, the Foreign
Relations Authorization Act, represents a bipartisan response
to address these objectives.
Division A of the legislation authorizes appropriations for
fiscal years 2004 and 2005 for the Department of State, the
Broadcasting Board of Governors, which is responsible for non-
military U.S. international broadcasting, and authorizes other
activities key to U.S. foreign policy objectives. Division A
contains a number of critical reforms necessary for the
enhancement of our foreign policy. First, it enhances in scope
and substance U.S. public diplomacy. Second, it contains a
reorganization of U.S. international broadcasting building on
the progress to form a consensus during the 107th Congress.
Third, it establishes a new Special Coordinator to focus on
promoting independent media around the world in order to
enhance press freedoms and provide the possibility for better
informed publics around the world. Fourth, it reforms the way
the United States does business at international organizations
to better advance U.S. interests in critical fora, including
using our influence to prevent terrorist states from gaining
leadership positions and preventing their membership in key
institutions. Finally, in light of the suicide bomb attacks on
the U.S. consulate in Karachi, Pakistan and on the residential
compounds in Riyadh, Saudi Arabia, H.R. 1950 continues
Congressional commitment to the security of U.S. personnel
serving this nation abroad by authorizing significant funding
for embassy security upgrades and construction, as well as for
additional investments in security personnel around the world.
Division B of H.R. 1950 contains amendments to the Arms
Export Control Act that will strengthen that Act's terrorist-
related prohibitions and the U.S. Government's ability to
enforce violations, enhances our missile non-proliferation
policies, and improves the Department of State's administration
of defense trade and security assistance. It also contains a
number of foreign assistance measures and reforms that will
advance U.S. interests around the globe.
The bill authorizes in Division A $9.3 billion for fiscal
year 2004 and $10.7 billion for fiscal year 2005 for the
operations of the State Department and related agencies, and
$657 million for fiscal year 2004 and $651 million for fiscal
year 2005 for the Broadcasting Board of Governors. The
President has requested and the Committee is recommending
increases in the Department's operating accounts particularly
with respect to embassy security and personnel. Current world
events and testimony underscore the necessity of a strong, well
trained diplomatic core and civil service to carry out the
ever-increasing international demands.
The bill authorizes in Division B $4.4 billion for fiscal
year 2004 for Foreign Military and Financing (which matches the
Administration request), $91.7 million for fiscal year 2004 for
International Military Education & Training, (which matches the
Administration request), and $250 million without fiscal year
limit for programs to reduce the threat of missile
proliferation, and lesser amounts for various programs and
activities. The bill authorizes security assistance for Israel
and Egypt in 2004 and 2005. Finally, Title XVII, The Israeli-
Palestinian Peace Enhancement Act authorizes such sums to
promote peace in the Middle East with a promise of substantial
economic and humanitarian to a Palestinian state once a true
and verifiable peace agreement has been achieved.
HEARINGS
The Committee and its Subcommittees held several oversight
hearings prior to the markup of H.R. 1950. The Subcommittee on
the Western Hemisphere held a hearing on February 27, 2003,
entitled, ``Overview of U.S. Policy Toward the Western
Hemisphere.'' Testimony was received from: The Honorable John
P. Walters, Director, Office of National Drug Control Policy;
The Honorable Adolfo Franco, Assistant Administrator, Bureau
for Latin America and the Caribbean, U.S. Agency for
International Development; and J. Curtis Struble, Acting
Assistant Secretary, Bureau of Western Hemisphere Affairs, U.S.
Department of State. The Subcommittee on Europe held a hearing,
entitled, ``U.S. Assistance Programs in Europe: An Assessment''
on March 27, 2003. Testimony was received from: Thomas Adams,
Acting Coordinator for U.S. Assistance to Europe and Eurasia,
Bureau of European and Eurasia Affairs, U.S. Department of
State; and the Honorable Kent R. Hill, Ph.D., Assistant
Administrator, Bureau for Europe and Eurasia, U.S. Agency for
International Development. On April 30, 2003, the Subcommittee
on International Terrorism, Nonproliferation and Human Rights
held a hearing entitled, ``A Review of the State Department
Country Reports on Human Rights Practices.'' Testimony was
received from: The Honorable Lorne W. Craner, Assistant
Secretary, Bureau of Democracy, Human Rights, and Labor, U.S.
Department of State; Alexandra Arriaga, Director ofGovernment
Relations, Amnesty International; and Jennifer L. Windsor, Executive
Director, Freedom House.
The Committee on International Relations held a hearing on
the President's fiscal year 2004 International Affairs budget
request entitled, ``The President's International Affairs
Budget Request for FY 2004'' was held on February 12, 2003,
with Secretary of State Colin L. Powell testifying.
COMMITTEE CONSIDERATION
H.R. 1950 was introduced by Chairman Hyde on May 5, 2003
and was referred to the Committee on International Relations.
On May 7, 2003, and May 8, 2003, the Committee met in open
session, pursuant to notice, to consider the bill. A motion
offered by Chairman Hyde to favorably report H.R. 1950 to the
House of Representatives, as amended, was agreed to by a record
vote of 42 ayes to 3 noes, a quorum being present.
The Committee adopted several amendments. Summary of
Amendments:
Wednesday, May 7
1. Hyde--en bloc--which contained the following 21
amendments:
--Crowley: George Mitchell Scholarship Program.
--Faleomavaega: Technical fix to indigenous persons
exchange program.
--Lantos: Change the FY05 voluntary peacekeeping
number for Africa from $40 million to ``such sums''.
--Berman: Technical change to adjust funds in the
broadcasting accounts.
--Hyde: Technical change to the East Timorese
scholarship program to allow undergraduates to
participate.
--Hyde: Amendment regarding meritorious step
increases for the Foreign Service.
--Berkley: Pilot program for the promotion of travel
and tourism in the U.S. through U.S. international
broadcasting.
--Engel: The use of the voice and vote against a
state sponsor of terrorism being appointed to the UN
Security Council.
--Engel: Requires a report by the State Department
when efforts fail to keep a state sponsor of terrorism
off the UN Security Council.
--Hyde: Technical change of a position title from
Executive Director to Director.
--Lee: Report on U.S. policy toward Haiti.
--Crowley: Report on the effects of Plan Colombia on
Ecuador.
--Hyde: Technical change to the title of the Under
Secretary of Commerce for Industry and Security.
--McCotter: Sense of Congress regarding weapons of
mass destruction.
--Smith (MI): Make efforts to communicate and
disseminate accurate scientific information on the
benefits of agriculture biotechnology.
--Bereuter: Sense of Congress regarding a more
equitable resettlement of refugees.
--Watson: Strengthening the global intellectual
property system.
--Crowley: Assistance for law enforcement forces in
India and N. Ireland.
--Lantos: Extends the authorization of appropriations
for the Human Rights and Democracy Fund.
--Hyde: Report on Missile Defense Cooperation.
--Smith (NJ): Promotion of democracy, human rights
and rule of law in Belarus.
This amendment was agreed to by a voice vote.
2. Leach--Colin Powell Center for American Diplomacy. This
amendment was agreed to by a voice vote.
3. Crowley--UNFPA. This amendment was agreed to by a vote
of 23-22.
4. Rohrabacher--Exports of Satellites. This amendment was
agreed to by voice vote.
5. Lantos--Israeli-Palestinian Peace Enhancement Act of
2003. This amendment was agreed to by voice vote.
6. Smith (MI)--International Agricultural Biotechnology
Information Program. This amendment was agreed to by voice
vote.
7. Menendez--climate change. This amendment was agreed to
by a vote of 21-18.
8. Royce--Radio Free Asia broadcasts to North Korea. This
amendment was agreed to by voice vote.
9. Smith (NJ) en bloc--Combined two amendments: an increase
in the migration and refugee assistance account, and a change
to refugee resettlement. This amendment was agreed to by voice
vote.
10. Faleomavaega--Report on Pakistan. This amendment was
agreed to by voice vote.
May 8:
11. Smith (NJ)--UNRWA. This amendment was agreed to by
voice vote.
12. Smith (NJ)--East Timorese scholarships. This amendment
was agreed to by voice vote.
13. Payne--Grants to the Africa society. This amendment was
agreed to by voice vote.
14. Delahunt--Democracy in the Western Hemisphere. This
amendment was agreed to, as amended.
15. Hyde--en bloc which contained the following 13
amendments:
--Engel: Reduction in funding level for NED for
programs in primarily Muslim countries.
--Menendez: Makes a statement of policy expressing
concern about Iran's buildup of its nuclear weapons
program.
--Ros-Lehtinen: Incitement amendments to Free Media
Provision.
--Lantos: Police training.
--Lantos: Sense of Congress relating to the need to
enhance security in Afghanistan.
--Sherman: Iran World Bank sense of Congress.
--McCollum: Sense of Congress relating to violence
against women.
--Meeks: Africa conflicts.
--Wexler: Training program on international safety
issues for students.
--Faleomavaega: Sense of Congress expressing concern
about the environmental impact of Soviet nuclear
weapons testing in Kazakhstan.
--Ros-Lehtinen: Technical fix to the Secretary of
State's reporting requirement on WEOG.
--Lantos: Prohibit elimination of broadcasting to E.
Europe.
--Hyde: Streamlines a terrorism reporting
requirement.
This amendment was agreed to by voice vote.
16. Menendez--migration issues between the U.S. and Mexico.
This amendment was agreed to, as amended by the Ballenger
substitute, which was amended by a Gallegly amendment regarding
extradition from Mexico of violent criminals.
The bill, H.R. 1950, was reported favorably to the House,
as amended, by a record vote of 42 ayes to 3 noes.
Vote(s) of the Committee
Clause (3)(b) of rule XIII of the Rules of the House of
Representatives requires that the results of each record vote
on an amendment or motion to report, together with the names of
those voting for or against, be printed in the Committee
Report.
Vote No. 1 (11:38 a.m., May 7): Crowley amendment regarding
funds for UNFPA.
Voting yes: Houghton, Lantos, Berman, Ackerman,
Faleomavaega, Payne, Menendez, Sherman, Wexler, Engel,
Delahunt, Meeks, Lee, Crowley, Hoeffel, Blumenauer, Berkley,
Napolitano, Schiff, Watson, Smith (WA), McCollum, and Bell
Voting no: Bereuter, Smith (NJ), Burton, Ros-Lehtinen,
Ballenger, Rohrabacher, Royce, King, McHugh, Tancredo, Paul,
Smith (MI), Pitts, Flake, Davis, Green, Weller, Pence,
McCotter, Janklow, Harris and Hyde.
Ayes 23. Noes 22.
Vote No. 2 (1:50 p.m., May 7): Menendez amendment regarding
climate change.
Voting yes: Leach, Smith (NJ), Lantos, Berman, Ackerman,
Faleomavaega, Payne, Menendez, Brown, Sherman, Engel, Delahunt,
Lee, Crowley, Hoeffel, Blumenauer, Berkley, Schiff, Smith (WA),
McCollum, and Bell
Voting no: Bereuter, Burton, Ballenger, Rohrabacher, Royce,
King, Chabot, McHugh, Tancredo, Paul, Pitts, Flake, Green,
Weller, Pence, McCotter, Janklow, and Hyde.
Ayes 21. Noes 18.
Vote No. 3 (11:32 a.m., May 8): Tancredo amendment
concerning the issuance of alien ID cards.
Voting yes: Burton, Gallegly, Ballenger, Royce, Chabot,
Tancredo, Paul, Smith (MI), Pitts, Flake, Davis, Green, Pence,
McCotter, Janklow, Harris and Hyde.
Voting no: Leach, Ros-Lehtinen, King, Lantos, Berman,
Ackerman, Faleomavaega, Payne, Menendez, Brown, Wexler, Engel,
Delahunt, Lee, Crowley, Hoeffel, Berkley, Napolitano, Schiff,
Watson, Smith (WA), McCollum and Bell.
Ayes 17. Noes 23.
Vote No. 4 (1:10 p.m., May 8): Paul amendment regarding
UNESCO.
Voting yes: Burton, Gallegly, Ballenger, Rohrabacher,
Royce, Chabot, McHugh, Tancredo, Paul, Smith (MI), Flake,
Davis, McCotter and Hyde.
Voting no: Leach, King, Houghton, Pitts, Green, Weller,
Pence, Harris, Lantos, Berman, Ackerman, Payne, Menendez,
Brown, Sherman, Wexler, Engel, Delahunt, Lee, Crowley, Hoeffel,
Blumenauer, Napolitano, Smith (WA), McCollum and Bell.
Ayes 14. Noes 26.
Vote No. 5 (2:05 p.m., May 8): Ballenger substitute
amendment to the Menendez amendment regarding migration issues
between the U.S. and Mexico.
Voting yes: Leach, Bereuter, Smith (NJ), Gallegly, Ros-
Lehtinen, Ballenger, Rohrabacher,Royce, Chabot, Houghton,
McHugh, Tancredo, Paul, Smith (MI), Pitts, Flake, Davis, Green, Weller,
Pence, McCotter, Janklow, Harris and Hyde.
Voting no: King, Lantos, Berman, Ackerman, Payne, Menendez,
Brown, Sherman, Wexler, Engel, Delahunt, Meeks, Lee, Hoeffel,
Blumenauer, Berkley, Napolitano, Schiff, Watson, Smith (WA),
McCollum and Bell.
Ayes 24. Noes 22.
Vote No. 6 (2:10 p.m.): Report H.R. 1950, as amended,
favorably to the House.
Voting yes: Leach, Bereuter, Smith (NJ), Gallegly, Ros-
Lehtinen, Ballenger, Rohrabacher, Royce, King, Chabot,
Houghton, McHugh, Tancredo, Pitts, Green, Weller, Pence,
McCotter, Janklow, Lantos, Berman, Ackerman, Payne, Menendez,
Brown, Sherman, Wexler, Engel, Delahunt, Meeks, Lee, Crowley,
Hoeffel, Blumenauer, Berkley, Napolitano, Schiff, Watson, Smith
(WA), McCollum, Bell and Hyde.
Voting no: Paul, Flake and Davis.
Ayes 42. Noes 3.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Committee Cost Estimate
A CBO estimate was not available at time of filing of this
report. In compliance with clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives, the Committee estimates
the bill will have a $15 billion cost for fiscal year 2004. For
fiscal year 2005, the estimate is $15 billion.
In compliance with clause 3(d)(2) of rule XIII of the Rules
of the House of Representatives, the Committee estimates that
implementing the bill will have a $15 billion cost for fiscal
year 2004 and over $30 billion through the next five years.
Performance Goals and Objectives
The goals and objectives of this legislation are to provide
authorization for the activities of the State Department and
related agencies for fiscal years 2004 and 2005.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in Article I, section 8, clause 18 of the
Constitution.
New Advisory Committees
H.R. 1950 does not establish or authorize any new advisory
committees.
Congressional Accountability Act
H.R. 1950 does not apply to the legislative branch.
Federal Mandates
H.R. 1950 provides no Federal mandates.
Changes in Existing Law
The changes to existing law will be filed in a supplemental
report.
Sectional Analyses
DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEARS 2004
AND 2005
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Subtitle A--Department of State
SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS.
This section authorizes appropriations under the heading
``Administration of Foreign Affairs'' for fiscal years 2004 and
2005. This bill authorizes a total of $4.2 billion in FY 04 and
$4.4 billion in FY 05 for State Department operations. The
President's request for FY 04 is $4.2 billion. It includes
funds for executive direction and policy formulation, conduct
of diplomatic relations with foreign governments and
international organizations, effective implementation of
consular programs and their border security components, the
acquisition and maintenance of office space and living quarters
for the United States missions abroad, provision of security
for those operations, and information resource management.
In particular, this section provides authorization of
appropriations for the necessary expenses of theDepartment of
State and the Foreign Service. These expenses include an authorization
for worldwide security upgrades. This section also includes
authorization of appropriations for the conduct of U.S. public
diplomacy programs, capital investment, representation, protection of
foreign missions and officials, emergencies in the diplomatic and
consular service, repatriation loans, and payment to the American
Institute in Taiwan.
Specific authorizations of interest are: construction
security, $1.6 billion for FY 04 and $1.7 billion for FY 05;
worldwide security upgrades, $647 million for FY 04 and $679
million in FY 05; $321 million in FY 04 and $330 million in FY
05 for certain public diplomacy programs; and $2 million in FY
04 and $2 million in FY 05 for minority recruitment.
Rightsizing. Rightsizing the U.S. overseas presence is part
of the President's Management Agenda and a major objective of
the Congress, and we expect to see progress within the
Department on these issues. The State Department has asked for
more money to hire staff but it has not clearly shown a
willingness to reallocate its existing staff from those posts
that are relatively generously staffed to those that have the
greatest shortfalls. We recognize that the Office of Management
and Budget is taking the lead on the rightsizing initiative.
However, because the State Department is the lead foreign
affairs agency, and faces its own resource allocation issues,
it should continue to advocate for government-wide direction
on.
SEC. 112. UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS.
This section authorizes a total of $393 million in FY 04
and $405 million in FY 05 for education and cultural exchange
programs. The President requested $345 million. Increases in
this account support enhancements in U.S. public diplomacy
programs determined to be necessary in this time of global
terrorism. This section also authorizes a variety of specific
exchange programs. Several new initiatives in this area are
included in this legislation:
Subsection (b)(3)(C) helps address declining opinions of
the United States among young people in South Korea. This
subsection increases to $750,000 per year the funding for this
successful Fulbright program, which places American college
graduates at schools and colleges across South Korea, where
they teach English and serve as assistants to explain U.S.
culture and society. This program, which serves many rural
schools, has a significant multiplier effect, as each
participant interacts regularly with numerous Korean students.
Subsection (b)(3)(E) provides authority for the fiscal year
2004 and for the fiscal year 2005 to fund the George J.
Mitchell Scholarship Program at its current fiscal year 2003
level of funding, $500,000. This program provides one year of
postgraduate study for American scholars at institutions of
higher education in Ireland and Northern Ireland.
To help address declining opinions of the United States
among young people in our longtime ally, South Korea,
subsection (b)(4)(E) authorizes $750,000 per year for the
creation of summer academic study programs in the United States
for Korean college and university students. The programs will
focus on political systems, government institutions, society,
and democratic culture in the United States. It is estimated
that this modest funding will allow the establishment of three
summer institutes, each of which can handle between 25 and 30
students, thus reaching between 75 and 90 Korean student
leaders per year.
Subsection (b)(4)(H) provides an authorization of $400,000
for the fiscal year 2004 and $400,000 for the fiscal year 2005
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. Postsecondary means college level and above and the
Committee expects that the Department will provide scholarships
to graduate and undergraduate students under this new
authority.
Subsection (c)(2) authorizes $3 million to be made
available in FY04 and $3 million in FY05 for the National
Endowment for Democracy to promote democracy, good governance,
rule of law, independent media, religious tolerance, women's
rights, and the strengthening of civil society in Muslim-
majority countries within the jurisdiction of the Bureau of
Near Eastern Affairs of the Department of State.
The Committee notes that one such organization of
demonstrated effectiveness is the Center for Civic Education
headquartered in Calabasas, California and recommends that it
be supported under this authorization.
SEC. 113. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
This section authorizes $1 billion for FY 04 and $1 billion
for FY 05. It authorizes the necessary funds for U.S.
contributions of its assessed share of the expenses of the
United Nations and other international organizations of which
the United States is a member. In addition, it authorizes $550
million for FY04 and such sums as may be necessary for FY05 for
assessed contributions to international peacekeeping activities
under United Nations auspices.
This section also authorizes such sums as may be necessary
for each of the fiscal years 2004 and 2005 to offset adverse
fluctuations in foreign currency exchange rates.
SEC. 114. INTERNATIONAL COMMISSIONS.
This section authorizes $70 million for FY04 and $70
million for FY05 for international commissions. This is the
same as the President's request for FY 04. It authorizes funds
necessary to enable the United States to meet its obligations
as a participant in international commissions, including those
dealing with American boundaries and related matters with
Canada and Mexico, and international fisheries commissions.
SEC. 115. MIGRATION AND REFUGEE ASSISTANCE.
This section authorizes $927 million for FY04 and $957
million for FY05 for Migration and Refugee Assistance. This is
the same as the President's request for FY 04. This program
authorizes the Secretary of State to provide assistance and
make contributions for migrants and refugees, including
contributions to international organizations such as the United
Nations High Commissioner for Refugees and the International
Committee for the Red Cross, through private volunteer
agencies, governments, and bilateral assistance, as authorized
by law.
The amount of funding authorized in this section would
accommodate the admission of 90,000 refugees in fiscal year
2004 and 100,000 refugees in fiscal year 2005. It also would
enable the Department to provide urgently needed increases in
United States overseas refugee assistance.
Resettlement of refugees in the United States is widely
regarded as an important tool of refugee protection, not only
because it serves as a durable solution for individual refugees
but also because it helps convince countries of ``first
asylum'' to keep their doors open to persons fleeing
persecution. All refugees admitted to the United States must
meet the United States refugee definition, which requires a
well-founded fear of persecution based on race, religion,
nationality, membership in a particular social group, or
political opinion. The United States refugee admissions program
protects persons who share our values and have suffered because
of their adherence to those values.
The Committee believes that increases in refugee assistance
and protection funding are needed. The refugee account
continues to be the only major State Department account which
has not received sufficient annual increases since fiscal year
1995 to compensate for the effects of inflation. Yet the number
of refugees and other persons in need of protection, such as
internally displaced persons and refugees who have repatriated
but have not yet been fully reintegrated in their home
countries, is at least as great as it was 7 years ago, and the
per capita cost of providing such protection has increased
substantially.
There currently are severe shortfalls in funding in the
protection budgets of the United Nations High Commissioner for
Refugees (UNHCR), which is the primary international relief
agency that provides protection and assistance to refugees
worldwide. These shortfalls, which by some estimates are as
much as $200 million annually, have stricken other
international and nongovernmental organizations, as well, that
are devoted to providing food, shelter, and other basic
necessities to refugees. The shortfalls have contributed to
increased instability, to involuntary and unsafe repatriation,
and in some cases to dramatic increases in infant and child
mortality.
Refugee protection is a responsibility of all nations. The
Committee is discouraged that many countries throughout the
world are not doing enough to assist refugees who subsist in
first countries of asylum, often in desperate, life-threatening
circumstances. Accordingly, the Committee urges the Department
to work with other governments throughout the world to
encourage them to increase the amount of assistance they
provide to the United Nations High Commissioner for Refugees
and other international relief agencies.
Following are several examples of the urgent needs that
will go unmet unless the United States and the international
community respond with additional assistance for refugee
protection:
AFGHANISTAN. Funding levels have failed to keep pace with
high levels of refugee repatriation, therefore nearly half of
the 2 million refugees in the process of returning home will
receive no non-food reintegration supplies from UNHCR. Fewer
than one in five Afghan refugees repatriating to rural areas
will receive housing reconstruction/rehabilitation assistance
from UNHCR because of budget shortfalls. The agency initially
had planned to assist nearly half of the 1 million Afghans
returning to rural areas.
ALGERIA. Funding constraints forced cutbacks in food
deliveries to 80,000 refugees from Western Sahara living in
arid camps where farming was impossible. Projects to provide
cleaner drinking water for 80,000 refugees from Western Sahara
living in camps in Algeria's Sahara Desert were postponed
because of inadequate funds.
ANGOLA. Because of funding shortfalls, reintegration
programs and protection monitoring for some 40,000 returnees in
rural areas have barely begun, and preparations to assist
170,000 Angolan refugees expected to repatriate in 2003 have
been delayed. Budget problems have slowed pre-positioning of
blankets, soap, and potable water sites for returnees, creating
a potential for serious aid gaps when large numbers repatriate.
ERITREA. Plans to transfer nearly 3,000 Somali refugees to
a location with improved living conditions have been cancelled
because of budget problems. The refugee population will remain
in a transit camp with inadequate latrines, poorly equipped
schools, and other substandard services.
ETHIOPIA. Budget constraints impeded the hiring of
nutritional experts to monitor potential malnutrition in camps
housing 100,000 refugees from Sudan and Somalia.
GUINEA. Tens of thousands of Liberian refugees continue to
live outside of camps without regular assistance in part
because funding problems have slowed expansion of existing
camps and much-needed construction of new sites. Some 14,000
Liberian and Sierra Leonean refugee children are expected to
lose access to schools and 370 teachers will be dismissed
because of budget problems. Forty projects to help Senegalese
refugees support themselves have been canceled because of
funding shortfalls.
KENYA. This country has multiple refugee assistance needs.
Budget problems forced a 25 percent cut in food rations for up
to 80,000 Sudanese refugees. The UNHCR reports that financial
constraints may force them to stop supplying firewood to
thousands of Sudanese refugee women, thereby potentially
exposing them to rape and robbery while they leave refugee
camps to collect firewood individually. UNHCR also reports that
because of budget constraints, health workers are canceling a
counseling program for Somali and Sudanese refugee women
victimized by rape and other violence. Sexual violence against
women and girls amid the nearly quarter-million refugees in
Kenya has long been a problem.
SIERRA LEONE. This country has extensive refugee assistance
needs, and recently relief agencies suspended the repatriation
of up to 50,000 Sierra Leonean refugees in order to shift
limited funds to emergency programs for 30,000 new Liberian
refugees flooding into the country. Thousands of Sierra Leonean
refugees repatriated to regions of the country that lack
adequate UNHCR staff and reintegration assistance because of
budget constraints. Aid workers estimated at mid-year that 90
percent of essential reintegration needs, such as potable water
and education, were being ignored in some areas of the country
because of funding and staffing shortfalls. UNHCR only fielded
three protection officers to monitor the safety of 150,000
returned Sierra Leonean refugees and 30,000 Liberian refugees,
many of them living in potentially insecure border areas.
SEC. 116. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
This section authorizes $317 million in FY 04 and $320
million in FY 05 for voluntary contributions to international
organizations.
Subsection (b) authorizes $6,000,000 in FY 2004 and
$7,000,000 in FY 2005 of the total account for the United
Nations Voluntary Fund for Victims of Torture.
Subsection (c) establishes an Organization of the American
States (OAS) model port programin the Latin American and
Caribbean region.
Numerous United States Government (USG) agencies, including
the State Department, Customs, and the Maritime Administration,
among others, operate programs in Latin America and the
Caribbean to improve port security. These programs, however,
are not coordinated to maximize the efficiency, reduce the
costs, and optimize the performance of the security practices
and technologies that have been integrated so far.
In response to this problem, the Committee authorizes
$2,000,000 to the President only for a voluntary contribution
to the Organization of American States (OAS) for the purpose of
improving port security in the Western Hemisphere through the
development of a model port in a Latin American or Caribbean
country. The OAS, in collaboration with appropriate United
States agencies, should seek to develop best security practices
in and provide appropriate technologies for the model port. The
Committee expects that the model port will serve as a platform
on which other port security officials from other countries in
the region may learn and adopt practices and technologies which
are best suited for their particular circumstances.
Subsection (d) requires the withholding from U.S. voluntary
contributions to the UNDP of an amount equal to the amount UNDP
intends to spend in Burma in FY 2004 and FY 2005, unless the
President certifies to Congress that UNDP programs in Burma are
meeting certain standards.
Subsection (e) requires that the United States make a $50
million contribution to the United Nations Population Fund
(UNFPA) in fiscal years 2004 and 2005. The section also makes
changes to the existing statutory guidelines for voluntary
contributions to UNFPA. This subsection states that funds
appropriated to the President or the State Department for
voluntary contributions to UNFPA may be obligated and expended
beginning 30 days after such funds become available, and only
if the President makes a certification to Congress that UNFPA
does not directly support or participate in coercive abortion
or involuntary sterilization. The certification authority of
the President under this section may not be delegated.
The section also clarifies the use of the term ``directly
supports or participates in coercive abortion or involuntary
sterilization.'' This term 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.
This section authorizes $110 million for FY 04 and $110
million for FY 05 for voluntary contributions to international
peacekeeping. The provision also states that of the total, $40
million for FY 04 and such sums for FY 05 is authorized for
peacekeeping activities in Africa.
Subsection (b) authorizes $40 million for the Africa
Regional Peacekeeping Account ($16 million over the
Administration's request) for the fiscal year 2004 and such
sums as may be necessary for the fiscal year 2005 to bolster
our peacekeeping training and development initiatives with
Africa regional organizations. Africa faces major civil
conflict in West Africa, the Great Lakes Region, and
insurgencies and states near collapse in West, Central, and
East Africa. U.S. bilateral peacekeeping assistance will help
build Africa's capacity to deal with regional and state
conflicts, and strengthens African support for U.S. interests
in the region. It is in keeping with our bilateral interests in
Africa that we keep our commitment to help Africans build and
keep peace by sustaining our peacekeeping operations.
SEC. 118. GRANTS TO THE ASIA FOUNDATION.
This section authorizes $18,000,000 for Fiscal Year 2004
and $18,000,000 for Fiscal Year 2005 for the activities of the
Asia Foundation.
Subtitle B--United States International Broadcasting Activities
SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.
This section authorizes $657 million in FY 04 and $651
million in FY 05 for international broadcasting activities,
including broadcasting to Cuba, the Middle East, and capital
improvements.
Consistent with H.R. 3969 from the 107th Congress, this
section authorizes $130,240,000 above the Administration's
request--$76,850,000 in FY 04 and $53,390,000 in FY 05--to
expand television and radio broadcasting to countries with
predominately Muslim populations and to support audience
development. This will ensure full funding for the Middle East
television network and support other important broadcasting
enhancements in the Middle East, South Asia, and Southeast
Asia. The increase will also add back funds to continue
broadcasts to Eastern Europe and provide additional funds for
the purpose of countering internet jamming. The purpose of
these efforts is to increase knowledge of America and its
policies and provide an accurate and objective source of news
and information.
The Broadcasting Board of Governors has already created a
Middle East Radio Network (``Radio Sawa'') to enhance the
impact of U.S. international broadcasting in the Arab world. By
targeting young audiences, using new radio formats, and
transmitting on the AM, FM, and satellite frequencies used by
listeners in the region, this powerful initiative has delivered
unprecedented audiences for unbiased news and information.
However, the committee also recognizes the huge untapped
television market in the Middle East. Television is
increasingly the communications medium of choice in the region,
and the United States message must be present on this medium to
counterbalance the anti-American coverage of local and regional
stations.
This section authorizes $36 million for the Middle East
Television Network--$6 million above the budget request--to
ensure that the station has sufficient funds to meet all
operational requirements as it begins the challenging mission
to provide journalistically sound and attractive programming to
the Arab-speaking world.
The authorization also includes an additional $30.25
million to expand radio and television in the Farsi and Urdu
languages. Approximately $8 million of this amount would
provide for new high-powered medium wave (AM) transmission for
broadcasting in Urdu to Pakistan, a key partner in the war on
terrorism. VOA currently broadcasts only 3 hours daily in Urdu
to that country, all on shortwave. Audience levels have
historically been low. This increase would fund 12 or more
hours a day of broadcasting in Urdu using a mode of
transmission that Pakistanis prefer.
Approximately $1.5 million would fund an upgrade to the
Kuwait medium wave transmitter for Farsi language radio
broadcasting to Iran. In addition, the VOA's popular television
programming to Iran would increase from two and a half hours a
week to an hour or more daily. Daily television use and
satellite dish ownership in Iran are high. VOA's weekly
satellite TV program, ``Roundtable with You,'' attracts a high
volume of audience phone calls, indicating a receptive market.
The authorization also includes $38.5 million to increase
radio and television programming in Bahasa Indonesian,
Javanese, Malay, and Tagalog to enable VOA and Radio Free Asia
to reach sizeable Muslim populations in Indonesia, Malaysia and
the Philippines in relevant media. Newfunding for broadcasting
to this region would secure badly needed high-powered medium wave
transmitters, FM licenses, and satellite equipment and circuits. It
allows VOA to expand current broadcasts of 3\1/2\ hours a day in Bahasa
to up to twelve hours daily, and extend the 1\1/2\ weekly hours of
television programming to up to six hours daily. It would further drive
the development of new radio service in the appropriate vernacular
languages for Malaysia and the Philippines.
Finally, the authorization includes $2.1 million for
audience development, which will allow the BBG to increase
awareness of its programs and the channels and/or frequencies
in which it broadcasts by advertising through a variety of
media.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--United States Public Diplomacy
SEC. 201. FINDINGS AND PURPOSES.
This section sets forth the importance of using public
diplomacy as a means to reach out to the people of the world.
It also recognizes that public diplomacy is a significant tool
for United States foreign policy and requires a coordinated
strategy for the use of public diplomacy resources.
SEC. 202. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE.
This section amends the State Department Basic Authorities
Act of 1956 to provide a description of the Secretary of
State's public diplomacy responsibilities. It states that the
Secretary of State shall develop a comprehensive strategy (in
coordination with the U.S. International Broadcasting Agency)
with measurable objectives for the use of public diplomacy
resources, to assume a prominent role in coordinating the
efforts of all Federal agencies involved in public diplomacy,
and to ensure that the public diplomacy strategy of the United
States is cohesive, and aggressively counters misinformation
and propaganda about the United States. The Secretary is also
required each year to analyze the impact of public diplomacy
efforts and submit a report to Congress.
This section also requires the Secretary of State to
establish a Public Diplomacy Reserve Corps that can be called
upon in times of emergencies when additional personnel and
expertise are required.
Finally, this section sets forth the duties of the Under
Secretary for Public Diplomacy. The Under Secretary is given
responsibility for formation, supervision, and implementation
of United States public diplomacy policies, programs, and
activities and provides guidance to public diplomacy personnel.
New subsection 57(d)(1) of the State Department Basic
Authorities Act, as added by this section, provides that the
Under Secretary of State for Public Diplomacy shall provide the
U.S. International Broadcasting Agency with statements of
official United States policy for broadcast by the Agency at
the Agency's discretion, and directs the Department of State to
promptly review editorial material prepared for broadcast by
the Agency when the Agency requests such a review. It is the
intent of the Committee to ensure that the official policies of
the United States Government are accurately and persuasively
communicated through the Agency. The Committee in no way
intends to compromise the editorial independence of the Agency,
and therefore leaves all final editorial decisions to the
Agency.
Subsection 202(b) requires the Secretary of State in
cooperation with the United States Agency for International
Development to ensure that information concerning foreign
assistance and projects funded by the United States government
is disseminated widely within countries and regions that
receive such assistance. The Committee recognizes that there
may be instances in which such dissemination is not
practicable, such as in cases where identification of United
States personnel or resources would present a security risk.
The Department of State shall report to Congress 120 days after
the end of each fiscal year on the efforts made to disseminate
information regarding United States assistance during the
preceding fiscal year, including specific information
concerning all instances in which the United States Agency for
International Development has not identified projects as United
States assistance because such identification was not
practicable.
Although this section is designed to ensure the highest
level of attention by our foreign policy agencies to public
diplomacy needs and objectives, it does not provide new
authority to the Secretary of State over the programs or
operations of the U.S. International Broadcasting Agency. The
role of the Board as a firewall against political interference
in the content of the broadcasts remains unchanged, as is the
USIBA's independence as a discrete Federal agency with its own
budget authority. The Secretary of State remains a member of
the Board of Governors.
SEC. 203. ANNUAL PLAN ON PUBLIC DIPLOMACY STRATEGY.
This section requires the Secretary of State, in
coordination with all appropriate Federal agencies, to prepare
an annual review and analysis of the impact of public diplomacy
efforts on target audiences. On the basis of this review, the
Secretary, again in coordination with appropriate Federal
agencies, shall develop a plan for the implementation of a
public diplomacy strategy that specifies goals, agency
responsibilities, and necessary resources for achieving such
goals. As with section 202, it is not the intent of this
provision to suggest an expansion of the Secretary of State's
authority over the budgets, programs, or other authorities and
responsibilities of other Federal agencies. These reports will
provide a consolidated picture of the state of United States
public diplomacy across the variety of agencies that conduct
such programs. The Committee expects that any plans, reviews,
and analyses included in these reports shall reflect the
consensus views of all Federal agencies participating in public
diplomacy activities.
SEC. 204. PUBLIC DIPLOMACY TRAINING.
The findings in this section emphasize that the Foreign
Service should recruit individuals with expertise and
professional experience in public diplomacy. This section also
encourages the Secretary of State to seek to increase the
number of Foreign Service Officers proficient in languages
spoken in predominantly Muslim countries. It is expected that
such training will increase the awareness and capacity of more
Foreign Service Officers and Chiefs of Mission. Thus, the
quality and scope of public diplomacy programs will be
enhanced.
SEC. 205. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
This section amends current law to require that at least
four (4) members of the Advisory Commission on Public Diplomacy
have substantial experience in the conduct of public diplomacy
or comparable private sector experience, and requires one
member to be an American living abroad. It also requires the
Commission to report not less than every two years on public
diplomacy programs, policies, and activities and the
effectiveness of such activities. It is expected that the
Commission will take an active and constructive role to assess
public diplomacy objectives and provide guidance to increasethe
success of such programs and activities overseas.
SEC. 206. LIBRARY PROGRAM.
This section requires the Secretary of State to implement a
demonstration program to establish or upgrade foreign libraries
to improve literacy and support public education. The purpose
of the program is to advance American values and the importance
of freedom and democracy.
SEC. 207. SENSE OF CONGRESS CONCERNING PUBLIC DIPLOMACY EFFORTS IN SUB-
SAHARAN AFRICA.
This section states that there are a significant number of
sub-Saharan African countries that have predominantly Muslim
populations, and it is the sense of Congress that the Secretary
should include countries in sub-Saharan Africa with
predominantly Muslim populations in public diplomacy activities
authorized by this Act and the amendments made by this Act.
SEC. 208. THE COLIN POWELL CENTER FOR AMERICAN DIPLOMACY.
This section authorizes the establishment of the Colin
Powell Center for American diplomacy, housing a museum,
conference center and auditorium to be located in the
Department of State's headquarters at the Harry S. Truman
Building. The purpose of the Center is to organize and sponsor
educational and outreach programs explaining the role of U.S.
diplomats and American foreign policy in advancing U.S.
national interests throughout the history of our democracy. The
Center is being developed in partnership with the non-profit
Foreign Affairs Museum Council, a 501(c)3 organization. The
Committee urges the Department to plan carefully and consult
closely with Congress as it proceeds with this project,
including on issues relating to security of the Main State
building as well as administration and governance of the
Center. The Committee understands that a strategic planning
exercise is being conducted to, among other things, determine
whether the necessary operating funds can be raised through
voluntary contributions. The Committee looks forward to
reviewing this study and assessing its impact on the
Department's plans to establish the Center.
The Committee believes that the Department can make use of
the expertise of the Smithsonian Institution in embarking on
this endeavor, including this transfer of funds under the
Economy Act. In addition, the Committee believes that any funds
that are not necessary for the construction of a reasonably
designed Center should be used to establish a endowment for the
operations of the Center.
Subtitle B--Basic Authorities and Activities
SEC. 221. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS THE CAPITAL
OF ISRAEL.
Subsection(a) states that none of the funds authorized to
be appropriated by this Act may be expended for the operation
of a U.S. consulate in Jerusalem unless such a consulate is
under the supervision of the U.S. Ambassador to Israel. This
provision was carried in last year's Foreign Relations
Authorization Act and is repeated so as to apply to spending
authorized by this Act, as well.
Subsection(b) states that 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 it identifies
Jerusalem as the capital of Israel. This provision was carried
in last year's Foreign Relations Authorization Act and is
repeated so as to apply to spending authorized by this Act, as
well.
Subsection (c) states that for the purposes of the
registration of birth, certification of nationality or issuance
of a passport of a U.S. citizen born in the city of Jerusalem,
the Secretary shall, upon the request of the citizen, record
the place of birth as Jerusalem. A similar provision was
carried in last year's Foreign Relations Act but would now be
embedded in the provision of law that authorizes the Secretary
of State to issue passports, and establishes the rules for
their issuance (``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)). The Committee believes that its
position about language to be inserted in passports is both
fully justified and is constitutional under the ``necessary and
proper'' clause of Article I of the Constitution and that the
President has a duty to see that this provision, if enacted, is
enforced.
SEC. 222. MODIFICATION OF REPORTING REQUIREMENTS.
This section repeals an expiring, temporary reporting
requirement relative to terrorist incidents in which Americans
are killed and related matters and transfers certain of its
requirements so that they will appear, through May 1, 2005, in
the Department of State's widely circulated annual report on
``Patterns of Global Terrorism.''
SEC. 223. REPORT CONCERNING EFFORTS TO PROMOTE ISRAEL'S DIPLOMATIC
RELATIONS WITH OTHER COUNTRIES.
This section requires an annual report by the Secretary of
State regarding actions taken by representatives of the U.S. to
encourage other countries to establish full diplomatic
relations with Israel.
SEC. 224. REIMBURSEMENT RATE FOR AIRLIFT SERVICES PROVIDED TO THE
DEPARTMENT OF STATE.
The Department of Defense provides airlift support to the
Secretary of State for official overseas travel on a
reimbursable basis. The Department of Defense has a two-tiered
rate structure for charging for such support. At present, the
Department of State is paying the higher rate, which is nearly
twice as much as the lower. This section would authorize the
Department of State to pay the Department of Defense for
airlift services at the Department of Defense rate.
SEC. 225. SENSE OF CONGRESS REGARDING ADDITIONAL UNITED STATES CONSULAR
POSTS.
This section expresses a sense of Congress that the
Secretary of State should make best efforts to establish
consulates or a diplomatic presence in three cities: 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.
Current law permits the Secretary of State to order that
United States passports may not be used for travel in, to, or
through designated countries. (The only countries so designated
are Libya and Iraq--including Northern Iraq.) Certain classes
of persons are exempt pursuant to a decision of the Secretary.)
Violations of the order are considered to be criminal offenses.
This section provides that the Secretary's power to limit
the use of passports does not applywith respect to a country,
such as Iraq, in which the United States is providing assistance
authorized by the Foreign Assistance Act of 1961, as amended.
The Committee is concerned that the Department of State has
been too slow to adjust its policies which now ban the use of
passports to travel to Iraq. Foreign nationals may travel to
Iraq, but Americans are currently barred from using their
passports to do so. This has, among other things, prevented
American businesses from establishing themselves there without
dealing with bureaucratic hurdles and non-transparent
procedures.
The fact that a country is receiving United States foreign
assistance should mean that it is sufficiently safe to travel
to. With respect to no country, other than Iraq and, formerly,
Lebanon, has the United States continued to ban the use of the
passport after United States foreign assistance was provided.
Modern technology allows the United States government to
provide ample warning of safety issues; Americans should then
be able to assess the risks for themselves and act accordingly.
The Committee notes that passports have not been invalidated
for travel to danger or war zones such as Afghanistan, Liberia,
the Ivory Coast, and Kosovo, nor to countries where consular
services could not be provided in the recent past (or at
present), such as Afghanistan, Kosovo, Tajikistan, and North
Korea.
Finally, the Committee notes that the President retains the
power to effectively ban travel in an emergency by imposing
economic restrictions enforced by the Office of Foreign Assets
Control of the Treasury Department.
SEC. 227. SECURITY CAPITAL COST SHARING.
This section provides the Secretary of State with the
authority to establish and implement a Security Capital Cost-
Sharing Program which is designed to collect funds from each
agency to assist in the cost of building new, secure
facilities. Beginning in fiscal year 2005, the Secretary is
authorized to determine on an annual basis fees to be collected
from other government agencies that have personnel assigned
overseas and to use such fees to construct safe and secure new
embassy compounds. The assessment of such costs will be based
on the number of personnel who will be assigned to each
overseas facility. The funds expected to be generated by this
new cost-sharing program are intended to expedite the
construction schedule for this large number of facilities,
shortening it from twenty six to twelve years. This provision
will also encourage rightsizing at overseas posts because
agencies will be assuming more of the actual costs of an
overseas position.
The Committee notes that while under the current program,
furnishings, generators, and certain other items were not
purchased by the Department of State for the use of other
agencies. Because all agencies would be continuing the
appropriate share of the funding, such restrictions will no
longer be necessary.
SEC. 228. AUTHORITY TO ISSUE ADMINISTRATIVE SUBPOENAS.
This section provides a narrow administrative subpoena
authority for Diplomatic Security agents. Such a subpoena may
be issued in cases of an ``imminent threat'' to persons
missions or organizations protected by Diplomatic Security
under the authority of Section 37(a)(3) of the State Department
Basic Authorities Act. The authority is similar to one provided
to the Secret Service and the procedural protections of that
provision will apply here. The committee has provided that the
power to issue such subpoena could be delegate by the Secretary
only to the Deputy Secretary, thereby assuring close attention
to this authority at the highest level of the Department. In
addition to facilitate oversight of the exercise of this
authority the Secretary must report annually to the Committee
on its use.
SEC. 229. ENHANCING REFUGEE RESETTLEMENT AND MAINTAINING THE UNITED
STATES COMMITMENT TO REFUGEES.
In addition to findings on the United States refugee
admissions program, this section provides the Department's
Bureau of Population, Refugees, and Migration (PRM) with
additional enabling tools to more effectively and efficiently
identify, refer, and process refugees seeking admission to the
United States.
The Committee is concerned that in recent years the United
States has failed to approach the refugee admission goals
established by the President. Though the majority of previous
delays in processing are attributed to necessary security
upgrades instituted after the September 11th terrorist attacks
in 2001, now that upgrades are in place, the Committee is
concerned that refugee admissions numbers continue to remain
low. The Committee is confident that the tools provided in this
section will better enable the Administration to identify,
refer, and process refugees for admission to the United States.
Subsection (a) makes a number of findings with respect to
the United States' refugee admissions program, including those
that applaud the United States' longstanding tradition of
providing refugee assistance and relief to the world's refugees
fleeing religious and other forms of persecution through the
Department of State's migration and refugee assistance account;
notes the importance of a strong refugee resettlement and
assistance program as a component of the United States'
commitment to freedom; notes the decline in recent years in the
United States' admission of refugees; notes that refugees
undergo rigorous security screenings; notes the relationship
between the United States government, private voluntary
agencies, and nongovernmental organizations in refugee
processing and encourages the greater use of such entities in
processing so that the Administration can focus to a greater
extent on security; and finds that in order to meet the annual
70,000 person refugee goals set by the Administration, a
broader cross-section of the world's 15 million refugees could
be considered for resettlement if the Department of State were
to expand existing refugee processing categories reserved for
refugees of special interest to the United States as well as
for family reunification.
Subsection (b) states that the purpose of section 229 is to
provide the Department with tools to enable it to carry out its
responsibilities with greater efficiency with respect to the
identification and processing of refugee applicants.
Subsection (c) provides enhancement of refugee
identification and processing though three means. This
subsection states that in addition to the traditional agencies
currently being used, where applicable, the Secretary shall:
(1) develop and utilize partnerships with voluntary
resettlement organizations that permit such organizations to
assist in the identification and referral of refugees; (2)
utilize private voluntary agencies with ties to domestic
constituencies in the overseas processing of refugees for
admission to the United States; and (3) establish and utilize
Refugee Response Teams to augment the ability of the Department
to identify and process refugees for admission to the United
States by providing a mobile team of experts who could be
deployed in developing refugee situations.
The Committee believes that the establishment of Refugee
Response Teams, in particular, is expected to enhance the
quality of refugee resettlement programs, will make the
processing of refugees more efficient and effective in areas
where traditional agencies are unable to meet programneeds, and
will augment the capacity of the United States government to identify,
process, assist, and counsel individuals for eventual adjudication by
the Department of Homeland Security.
Subsection (c)(3)(B) notes that the composition of the
Refugee Response Teams shall be comprised of representatives of
NGOs and private voluntary organizations that have experience
in refugee law, policy and programs. Voluntary resettlement
organizations and private voluntary organizations with ties to
domestic constituencies are uniquely qualified to assist the
Department in successfully identifying a wider-range of
refugees for admission to the United States. Voluntary
resettlement and private voluntary organizations with ties to
domestic constituencies have the knowledge of and experience
with United States law and policy required to effectively
identify refugees for admission to the United States. The
Committee expects that, wherever possible, these organizations
will be used in lieu of or to augment existing capacity of
traditional agencies currently used in the processing of
refugees for admission to the United States.
Subsection (c)(3)(C) outlines the responsibilities of the
Refugee Response Teams, which include: monitoring refugee
situations, with a view toward identifying refugees whose best
durable solution is third country resettlement; preparing
profiles and documentation for resettlement consideration;
augmenting or establishing an overseas operation, particularly
in response to urgent developments; assisting with training and
technical assistance to existing international organizations
and other processing entities; as well as other
responsibilities to be determined by the Secretary.
The Committee intends that the Department make liberal use
of these three tools and expects that in addition to the report
required by subsection 229(f), the Department will periodically
report to the International Relations Committee of the House of
Representatives and the Foreign Relations Committee of the
Senate its utilization of these tools and/or rationale for non-
use.
The Committee believes through implementing the directives
of subsection 229(c), processing will become more effective and
efficient and that eventually the use of private voluntary
organizations in refugee processing will reduce program costs.
Subsection (d) requires the Secretary of State to establish
performance standards to ensure accountability and
effectiveness of subsection (c) on refugee identification and
processing. This section is designed to ensure this efficiency
through accountability. It requires the Secretary, in
consultation with private voluntary organizations and NGOs, to
establish performance standards to ensure that voluntary
agencies performing the identification, referral, and
processing responsibilities identified in subsection (c) carry
out those tasks in an accountable and effective manner.
Subsection (e) states that the Department work to ensure
that there is adequate planning across fiscal years to fulfill
the admission goals that the President establishes each year in
his Presidential Determination on Refugee Admissions through
expanded consideration of particularly vulnerable groups of
refugees and by encouraging the Department to expand its
processing of refugees to include a broader cross-section of
the refugee population.
Among the steps included in subsection 229(e) are those
requiring the Secretary to work to ensure that the United
States refugee admissions program give special attention for
resettlement processing to particularly vulnerable refugees,
including those refugees who have been long-stayers in refugee
camps or long-stayers in first countries of asylum,
unaccompanied refugee minors, urban refugees, and refugees in
women-headed households. It also notes the importance of the
family reunification in the United States resettlement program
by stating that the Department shall work to ensure that
attempts are made to expand the processing of refugees of all
nationalities who have close family ties to United States.
Subsection 229(e) also requires the Department to make attempts
to expand the number of refugees considered for admission who
are of special concern to the United States. Finally, it
addresses the need to expand access to broader categories of
refugees, thereby reducing the incidences of relationship-based
misrepresentation on the part of bona fide refugees who meet
the definition of a refugee but who are not granted interviews
for refugee status because they do not have close family ties
to the United States.
Subsection (f) requires the Secretary to submit a report to
Congress within 180 days after the date of enactment of this
Act on the Department's implementation of the provisions in
this section--specifically subsections (c), (d), and (e). The
report would concentrate, on the expanded utilization of
voluntary organizations in refugee identification, refugee
processing, and refugee response teams, along with an
explanation of the Department's rationale for not using such
organizations and agencies; efforts by the Secretary to
implement performance standards for voluntary organizations
involved in refugee identification, processing, and response
teams and the success of NGOs and private voluntary
organizations in meeting such standards; efforts to expand
consideration of various groups for refugee processing; and
efforts to ensure that there is adequate planning across fiscal
years so as to fulfill the refugee admission goals set forth by
the President in his annual Presidential Determination on
Refugee Admissions.
Subtitle C--Educational and Cultural Authorities
SEC. 251. ESTABLISHMENT OF INITIATIVES FOR PREDOMINANTLY MUSLIM
COUNTRIES.
This section requires the Secretary to establish public
diplomacy programs aimed at predominantly Muslim countries
around the world. The specific programs are: journalism
training, English language teaching, sister city partnerships,
civics education, youth ambassadors, Fulbright Exchange
Program, Humphrey fellowships, and a library sciences exchange
program. The Committee recommends that English language
teaching materials should incorporate democratic values.
Furthermore such materials should be translated into Arabic and
Mandarin and other languages as needed to enhance English
language teaching objectives.
SEC. 252. DATABASE OF AMERICAN AND FOREIGN PARTICIPANTS IN EXCHANGE
PROGRAMS.
This section requires that, to the extent practicable, the
Secretary of State establish and maintain a database of all
participants, both American and foreign, in exchange programs.
The purpose is to encourage networking and continued
communication with the alumni of United States exchange
programs.
SEC. 253. REPORT ON INCLUSION OF FREEDOM AND DEMOCRACY ADVOCATES IN
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.
This section requires the Secretary of State to provide a
report to Congress on the implementation of section 102 of the
Human Rights, Refugee and Other Foreign Relations Provisions
Act of 1996. The purpose of the report is to provide
information concerning the number of grants to conduct exchange
programs with countries whose governments deny freedom and
democracy, and the extent to which supporters of freedom and
democracy within these countries are given opportunities to
participate in United States-funded programs.
SEC. 254. SENSE OF CONGRESS CONCERNING EDUCATIONAL AND CULTURAL
EXCHANGE PROGRAMS FOR FOREIGN JOURNALISTS.
This section expresses a sense of Congress that the
Secretary should establish a journalism training program for
foreign journalists from regions of conflict.
SEC. 255. SENSE OF CONGRESS REGARDING KOREAN FULBRIGHT PROGRAMS.
In order to expand the reach of Fulbright activities in
Korea to include those among whom the United States faces the
most difficult public diplomacy challenges, this section
expresses the sense of Congress that Korean participation in
Fulbright activities should also include students who are: from
outside of Seoul; from other than elite universities; other
than degree-seeking graduate students; and who are preparing
for non-academic careers, such as government, law, media, and
business.
SEC. 256. AUTHORIZING EAST TIMORESE SCHOLARSHIPS FOR GRADUATE STUDY.
This section provides flexibility in the East Timorese
scholarship program by extending the program to graduate
students. The current program is designed for undergraduates.
SEC. 257. PUBLIC SAFETY AWARENESS IN STUDY ABROAD PROGRAMS.
This section addresses public safety awareness activities
for U.S. nationals participating in the Bureau of Educational
and Cultural Affairs study abroad programs. The provision
encourages the Bureau to support such activities as part of
such programs, and urges special attention to public safety
issues, including road safety abroad.
Subtitle D--Consular Authorities
SEC. 271. MACHINE READABLE VISAS.
This section sets a cap on the use of funds collected by
the State Department for machine readable visas for fiscal
years 2004 and 2005. Funds exceeding $700 million may only be
used subject to a reprogramming notification of the relevant
House and Senate committees. This provision is carried and
updated in each State Department authorization bill.
SEC. 272. PROCESSING OF VISA APPLICATIONS.
This provision states that it shall be the policy of the
State Department: (a) to process visa applications of immediate
relatives and fiances of U.S. citizens within 30 days of
receiving all necessary documents; and (b) to process
applications sponsored by someone other than an immediate
relative within 60 days.
SEC. 273. STAFFING AT DIPLOMATIC MISSIONS.
This section encourages executive branch agencies to right-
size overseas posts--the process of deploying the right number
people at the right posts with the right expertise.
Despite the process outlined in NSDD-38, Staffing at
Overseas Missions and Their Diplomatic Constituent Posts (June
2, 1982), in practice chiefs of mission lack practical
authority to determine the appropriate staffing requirements at
posts. Moreover, 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 compliments. This section
gives chiefs of mission another means to administer their posts
effectively without usurping the authority of the Secretary of
State or other executive branch agency heads.
Under this section, chiefs of mission are required to voice
their views on the necessity of all executive branch staff
positions under their authority, whether Department of State or
other executive branch agencies. This process should occur for
each staff element at least every five years, though reviews
may be handled individually, in small groups, or to include an
entire mission. The Department of State shall collect and
respond to the reviews received during the year in an annual
report, and subsequently share the report with affected
agencies and the Inspector General of the Department of State,
which includes rightsizing factors in mission inspection
reports.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
SEC. 301. FELLOWSHIP OF HOPE PROGRAM.
This section clarifies the authority underlying a current
exchange program between U.S. foreign affairs agencies, the
European Union, and its member-states, created to promote
collaboration among its young leaders. Under this program,
Foreign Service officers are to serve one-year details at the
European Union (EU) in Brussels and designated European foreign
ministries. After completion of the details at the EU or in the
foreign ministries, they are assigned to a position in the U.S.
embassy in the relevant European capital. Conversely, the State
Department also will receive members of the diplomatic corps
from the European Union and designated foreign ministries.
SEC. 302. CLAIMS FOR LOST PAY.
This section clarifies the Department's authority to make
technical corrections or enter into settlements of claims or
grievances brought by its employees involving lost pay,
allowances, or differentials. These complaints may involve
simple technical errors in the payment of salary or benefits,
which need to be corrected. Administrative adjustments also may
be required.
The Department is seeking this provision as clarification
to resolve back pay claims consistent with the spirit of
conciliation that underlies settlements generally. This
provision is not intended to question the current authority of
agencies to settle claims without admitting fault.
SEC. 303. OMBUDSMAN FOR THE DEPARTMENT OF STATE.
This section formally establishes the position of Ombudsman
for both foreign service and civil service. It enhances the
responsibilities of the current Ombudsman (currently a
volunteer additional duty) for the civil service. The Ombudsman
reports directly to the Secretary of State.
SEC. 304. REPEAL OF RECERTIFICATION REQUIREMENT FOR SENIOR FOREIGN
SERVICE.
This section repeals the provision in the Foreign Service
Act that requires the Secretary to establish a recertification
requirement for members of the Senior Foreign Service (SFS)
that is equivalent to the recertification process for the
Senior Executive Service (SES).
Such a process is no longer required for the Senior
Executive Service as it was repealed in Section 1321 of the
Homeland Security Act of 2002 (P.L. 107-296).
SEC. 305. REPORT CONCERNING STATUS OF EMPLOYEES OF STATE DEPARTMENT.
This section requires the Secretary of State to provide a
report on the merits of the conversion of employees at the
State Department to the excepted service. The excepted service
provides greater flexibility in the management of the
Department's workforce than do present civil service and other
regulations. The excepted service would provide additional
career and personal development opportunities for many
Department employees. The study should address the merits of
converting all or part of the Department's American citizen
workforce to the excepted service. Currently the State
Department maintains separate civil service and foreign service
employees.
SEC. 306. HOME LEAVE.
This section provides additional flexibility in the home
leave program provided under the Foreign Service Act of 1980.
First, it allows the Foreign Service personnel to schedule
their home leave after 12 months of service at a post rather
than after 18 months as required under current law. Second, the
provision delinks rest and recuperation travel from the timing
of home leave so that members of the service are allowed more
flexibility in taking each.
SEC. 307. INCREASED LIMITS APPLICABLE TO POST DIFFERENTIALS AND DANGER
PAY ALLOWANCES.
This section increases the cap set in Title 5 for hardship
and danger pay for government officials serving overseas from
25% of base salary to 35% of base salary. The State Department
has the authority to determine which countries are eligible for
such allowances and the percentage rate. The Department and the
American Foreign Service Association requested this provision
as a means to encourage people to serve in hardship posts and
to draw a greater distinction between degrees of danger or
hardship at overseas posts. The Committee does not believe that
all posts are deserving of the maximum allowance level. Clear
criteria should be in place to distinguish hardship or danger
variables at each post. The Committee notes that GAO studies of
the personnel assignment system identify various problems that
the Department faces in meeting staffing needs at overseas
posts particularly at hardship posts. The GAO concludes that
the Department needs to create incentives other than monetary
to entice employees to bid on and accept assignments to
hardship posts. As a means to guide qualified employees toward
hardship posts the Committee strongly urges the Department to
pursue GAO recommendations (GAO-02-626) that include making
hardship service a criterion in promotion and onward assignment
decisions, and fully applying the needs of the service standard
to ensure that hardship assignments are shared equitably.
The section requires the Secretary to provide the Committee
with the criteria that will be applied to each percentage level
of hardship or danger pay.
SEC. 308. REGULATIONS REGARDING RETIREMENT CREDIT FOR GOVERNMENT
SERVICE PERFORMED ABROAD.
This section establishes a deadline for the issuance of
regulations to implement Section 321 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (P.L. 107-228), which
provides for retirement credit for part-time, intermittent, or
temporary (PIT) employees who worked for the Department
overseas as part of the spousal employment program in the
1990's. Complaints were received from the family members about
delays at OPM regarding the implementation of this statute and
it is hoped this deadline will encourage more rapid
implementation of this law.
SEC. 309. MINORITY RECRUITMENT.
This provision extends the minority recruitment report
required by section 324 of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228) for an additional
year. In addition, it applies the conditions contained in
section 325 of that Act on funds authorized for minority
recruitment in section 111(a)(1)(E) in order to ensure that
such funds are used only for programmatic purposes and not for
salaries, among other things.
SEC. 310. MERITORIOUS STEP INCREASES.
This section provides a technical fix to section 406 of the
Foreign Service Act. Section 406(b) links the award of a MSI to
whether the person also receives a within class salary step
increase. This provision allows greater flexibility in the
award of a MSI notwithstanding an award of a class salary step
increase.
TITLE IV--INTERNATIONAL ORGANIZATIONS
Subtitle A--Basic Authorities and Activities
SEC. 401. RAISING THE CAP ON PEACEKEEPING CONTRIBUTIONS.
This provision would set the cap on UN peacekeeping
assessments at 27.1 % for calendar years 2005 and 2006. This
would allow the United States to pay its peacekeeping
assessment in full in 2004 and 2005. This provision will allow
the U.S. to avoid accruing future peacekeeping arrears.
SEC. 402. REGARDING THE REENTRY OF THE UNITED STATES IN UNESCO.
Subsection (a) makes recommendations to guide the U.S.
reentry into UNESCO. The Committee is concerned about the pace
of the planning for the reentry and the number of important
decisions that need to be made in this regard. Specific
recommendations contained in this section reflect the concerns
about security of personnel, cost-containment, and appropriate
objectives for continuing internal reforms at UNESCO.
Subsection (b) also contains an authorization for such sums as
may be necessary for the annual U.S. contribution to UNESCO.
SEC. 403. UNESCO NATIONAL COMMISSION.
Upon rejoining UNESCO, each country is required to
establish a ``National Commission.'' This section updates a
1946 law governing the U.S. National Commission for UNESCO.
SEC. 404. ORGANIZATION OF AMERICAN STATES EMERGENCY FUND.
This section amends the LIBERTAD Act of 1995 (P.L. 104-114)
to require the President to work to establish an OAS Emergency
Fund for Cuba to deploy human rights monitors to the island and
authorizing the necessary funds to ensure its creation. This is
in response to the Cuban government's intensified crackdown on
human rights dissidents, independent journalists, independent
labor leaders, and other pro-democracy advocates.
SEC. 405. UNITED STATES EFFORTS REGARDING THE STATUS OF ISRAEL IN THE
WESTERN EUROPEAN AND OTHERS GROUP AT THE UNITED
NATIONS.
This sectionexpresses the Committee's view that the
Department of State should undertake concerted diplomatic efforts and
to take all actions necessary to upgrade and extend Israel's membership
in the Western European and Others Group in UN bodies and UN affiliated
agencies in New York and throughout the world. It is the Committee's
understanding that this temporary agreement between Israel and the
members of this regional Group expires in 2004. It also provides for
periodic reports to International Relations and to other appropriate
committees on the steps taken by the Department of State to ensure that
Israel is more fully represented on all UN bodies.
Subtitle B--United States International Leadership
SEC. 431. SHORT TITLE.
``United States International Leadership Act of 2003.''
SEC. 432. FINDINGS.
This section lists findings highlighting the increasingly
important role that international organizations and
multilateral institutions play in U.S. foreign policy. It also
provides findings that U.S. efforts to advance goals at these
institutions are often blocked because of anachronistic
groupings and structures that leave democratic states at a
disadvantage, and because the U.S. has not done enough to build
expertise in multilateral diplomacy. It also finds that the
U.S. must create a caucus of democratic states if it is to
overcome the leverage of repressive regimes at these
institutions.
SEC. 433. ESTABLISHMENT OF A DEMOCRACY CAUCUS.
This section directs the President, acting through the
Secretary of State, to establish a Democracy Caucus at all UN
and broad-based international organizations.
SEC. 434. ANNUAL DIPLOMATIC MISSIONS ON MULTILATERAL ISSUES.
This section directs the Secretary of State to ensure that
high-level delegations are dispatched on an annual basis to key
foreign capitals to promote the U.S. agenda at key
international fora such as the UN General Assembly and the
United Nations Human Rights Commission.
SEC. 435. LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL ORGANIZATIONS.
This section directs the President, acting through the
Secretary of State, to use the voice, vote and influence of the
United States to reform the criteria for leadership and
membership at all UN and other international organizations of
which the U.S. is a member so as to exclude, where appropriate,
those nations that violate the principles of the specific
organization. It would also seek to ensure that a member state
may not assume a leadership position in such bodies if it is
subject to sanctions imposed by the United Nations Security
Council. It also directs the President to work to ensure that
no member state that has been determined to be a state sponsor
of terrorism stand in nomination or be in rotation for a
leadership position at any UN or multilateral institution to
which the United States is a member or for membership of the UN
Security Council.
Subsection (b) provides that any time a state sponsor of
terrorism assumes a leadership position in such an institution
or becomes a member of the UN Security Council, the Secretary
of State shall submit a report on the steps it took to prevent
such an event pursuant to subsection (a).
SEC. 436. INCREASED TRAINING IN MULTILATERAL DIPLOMACY.
This section amends the Foreign Service Act to require the
establishment of a series of training courses for officers on
the conduct of diplomacy at international organizations and
other multilateral institutions.
SEC. 437. PROMOTING ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS.
This section amends the Foreign Service Act to ensure when
considering promotion into the senior levels of the Foreign
Service, assignments whose primary responsibility is to
represent the United States to an international negotiation,
organization, or multilateral institution be considered
favorably. In addition, it requires the Secretary of State to
evaluate and report to the Congress on whether a new cone (area
of speciality) should be established within the Foreign Service
that concentrates on members of the Service who serve at
international organizations and multilateral institutions.
SEC. 438. IMPLEMENTATION AND ESTABLISHMENT OF OFFICE ON MULTILATERAL
NEGOTIATIONS.
This section authorizes the Secretary of State to establish
within the Department of State an Office on Multilateral
Negotiations to be headed by a Special Representative,
appointed by the President, who with the advice and consent of
the Senate will be designated as Ambassador-at Large. The
Special Representative's primary responsibility shall be to
assist in the organization of, and preparation for, United
States participation in multilateral negotiations. Other duties
of the Special Representative are to provide advice to the
President and the Secretary of State on strategies to achieve
U.S. objectives; to organize a Democracy Caucus; and to
undertake efforts to reform leadership and membership criteria
at international organizations.
SEC. 439. SYNCHRONIZATION OF UNITED STATES CONTRIBUTIONS TO
INTERNATIONAL ORGANIZATIONS.
This section requires the President to submit a plan for
resumption by the United States of the payment of its full
contribution to international organizations at the beginning of
each calendar year. Presently, the U.S. makes it payments to
the UN and other international organizations at the beginning
of our fiscal year (October). The UN operates on a calendar
year, making the U.S. payments 10 months late, thereby
disrupting the UN's budgeting process, and encouraging other
key donor states to postpone their own assessments.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES.
Subtitle A--Basic Authorities and Activities
SEC. 501. MIDEAST TELEVISION AND RADIO NETWORK, INC.
This section provides the Board the authority to make
annual grants for the purpose of carrying out radio and
television broadcasting to the Middle East in Arabic. It
provides for the establishment of a Mideast Radio and
Television Network, Inc. under a corporate structure, similar
to that of RFE/RL, Inc. and Radio Free Asia. The proposed new
grantee would incorporate the existing Arabic service to the
Middle East, Radio Sawa, and adds a new 24-hour-a-day
television service, with Middle East Television Network, to
provide radio and television programming consistent with the
broadcast standards and principles set forth in the
International Broadcasting Act of 1994.
SEC. 502. IMPROVING SIGNAL DELIVERY TO CUBA.
This provision would provide greater flexibility to the
Broadcasting Board of Governors to augment the transmission of
Radio Marti broadcasts to Cuba. Under existing law, Radio Marti
is required to utilize the broadcasting facilities at Marathon,
Florida, and the 1180 AM frequency that was used by the VOA
prior to the enactment of the Radio Broadcasting to Cuba Act.
The Radio Broadcasting to Cuba Act permits the U.S. Government
to lease broadcast time on commercial medium wave stations for
Radio Marti if the transmissions from Marathon are jammed, and
under other certain limited circumstances. This provision would
clarify the ability of the Office of Cuba Broadcasting to use
additional AM frequencies, and eliminate outdated restrictions.
This section would allow the BBG to explore alternative
methods of overcoming Cuba's long standing jamming of the
existing Radio Marti transmitter at Marathon, Florida, in
accordance with President Bush's direction to the new OCB
Director on July 13, 2001, ``to use all available means to
overcome the jamming of Radio and TV Marti'' and his more
recent call to ``modernize'' the services.
SEC. 503. REPORT CONCERNING EFFORTS TO COUNTER JAMMING OF BROADCASTS OF
RADIO MARTI AND TV MARTI.
This section requires a report on the efforts by the
Secretary of State on specific steps taken to overcome jamming,
an evaluation of alternative methods being used to counter
jamming, and successful methods used by non- U.S. Government
entities to counter jamming. In the last two years, the U.S.
Government has stated that overcoming the Cuban regime's
jamming of Radio and TV Marti is priority.
SEC. 504. PILOT PROGRAM FOR PROMOTION OF TRAVEL AND TOURISM IN THE
UNITED STATES THROUGH UNITED STATES INTERNATIONAL
BROADCASTING.
This section requires the Broadcasting Board of Governors
to launch a pilot program for promoting travel and tourism in
the United States through its international broadcasting. Those
communities in the United States which have suffered decreased
revenue from tourism since the terrorist attacks of September
11, 2001, are to be highlighted in particular. The Department
of Commerce and other appropriate government agencies are to be
consulted in developing tourism programming. In mandating
``regular'' programming, the Committee envisions the BBG
promoting tourism through its international broadcasting on a
frequent and sustained basis.
The Voice of America currently is required to promote
travel and tourism through its broadcasts, in accordance with
Sec. 2420 of the Foreign Affairs Reform and Restructuring Act
of 1998. This pilot program would extend such promotional
activity to the BBG's grantees, including Radio Free Europe/
Radio Liberty, Radio Free Afghanistan, etc.
SEC. 505. RADIO FREE ASIA BROADCASTS INTO NORTH KOREA.
This section expresses a sense of Congress that the
Broadcasting Board of Governors should ensure that radio Free
Asia increases its broadcasts to North Korea from 4 hours a day
to 24 hours a day. The Kim Jong Il regime makes extensive
efforts to control the flow of information in North Korea in
order to ensure the regime's survival. The amendment also
requires a classified report 90 days after enactment on steps
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.
SEC. 506. PROHIBITION ON THE ELIMINATION OF INTERNATIONAL BROADCASTING
IN EASTERN EUROPE.
Section 121 increases the Broadcasting Board of Governor's
operating accounts above the amounts requested by the
Administration with the intent of preventing the BBG from
discontinuing international broadcasting to Eastern Europe as
it had planned. The expected time lapse between the
authorization of these additional funds and their appropriation
by Congress may lead the BBG to begin downscaling its
operations in this region in the interim. The section prohibits
the BBG from taking such action by requiring broadcasting to
continue.
Subtitle B--Global Internet Freedom
SEC. 521. SHORT TITLE.
This section provides that this subtitle may be cited as
``Global Internet Freedom Act of 2003.''
SEC. 522. FINDINGS.
This section expresses findings that freedom of press and
speech are fundamental to a free society. Certain countries
restrict access to the Internet which U.S. international
broadcasting utilizes as an alternative means to reach people.
Therefore, efforts should be made to defeat government jamming
of the Internet.
SEC. 523. PURPOSES.
This section states that the purpose is to establish an
office within the Broadcasting Board of Governors to counter
Internet jamming. The BBG should employ current technologies
that may be available commercially to defeat jamming by
repressive governments.
SEC. 524. DEVELOPMENT AND DEPLOYMENT OF TECHNOLOGIES TO DEFEAT INTERNET
JAMMING AND CENSORSHIP.
This section establishes the office of Global Internet
Freedom within the Broadcasting Board of Governors to develop
and implement a comprehensive strategy to combat state-
sponsored and state-directed internet jamming. It also requires
that the BBG report on the status of foreign governments'
interference with the Internet.
Subtitle C--Reorganization of United States International Broadcasting
SEC. 531. ESTABLISHMENT OF UNITED STATES INTERNATIONAL BROADCASTING
AGENCY.
This section amends the United States International
Broadcasting Act of 1994 and renames the Broadcasting Board of
Governors the ``U.S. International Broadcasting Agency.'' It is
an independent agency within the executive branch of
government. The Agency will continue to be headed by a nine-
member, part-time, bipartisan board, renamed the Board of
Governors, appointed by the President with the advice and
consent of the Senate. The Board shall appoint a Director of
the Agency who will have designated day-to-day operational
responsibilities for the Agency.
These changes will improve the lines of authority and
establish greater accountability in United States international
broadcasting operations. The new agency retains the current
design, with the President appointing a member of the Board as
chair. The main changes clarify day-to-day responsibilities for
broadcasting operations, establish a full-time director who is
appointed by the Board and has clear lines of authority, and
make clear that there is one broadcasting organization that is
headed by the Board which exists as an independent agency
within the executive branch.
This section is designed to strengthen the Board's ability
to adopt strategic goals and objectives for the agency and to
work to ensure that these goals and objectives remain
priorities for the broadcast entities within the agency as well
as corporate grantees. The Committee is aware that the Board
has recently adopted a strategic plan designed to maximize the
impact of U.S. International Broadcasting in regions vital to
United States strategic interests. The plan envisions a
worldwide U.S. International Broadcasting System, creating one
integrated United States programming stream that would be
intended to fulfil the missions both of VOA and of the
surrogate broadcasting services. The Committee believes that
numerous aspects of this plan have merit, but that conditions
in many countries around the world still call for the
preservation of the distinct and complementary roles of the
Voice of America and of the surrogate broadcasting services.
The proposed reorganization assumes the Board of Governors
will retain a board staff, through which it conducts oversight
activities, and its supervision of the corporate grantee
broadcast entities.
SEC. 532. AUTHORITIES AND FUNCTIONS OF THE AGENCY.
This section restates current law (Sec. 305 of the United
States International Broadcasting Act of 1994) with respect to
the duties and responsibilities of the Agency.
SEC. 533. ROLE OF THE SECRETARY OF STATE.
This section amends current law (Section 306 of the U.S.
International Broadcasting Act) by deleting an out-of-date
reference to WorldNet programming and restating that 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.
This section makes certain technical, administrative and
personnel changes.
SEC. 535. BROADCASTING BOARD OF GOVERNORS AND INTERNATIONAL
BROADCASTING BUREAU.
This section abolishes the International Broadcasting
Bureau. It has been identified as one of the areas that has
caused confusion in the management of the Agency.
In 1994, PL 103-236, the Foreign Affairs Authorization Act
for fiscal years 1994 and 1995, established the International
Broadcasting Bureau within the United States Information Agency
(USIA) as part of an overall restructuring of international
broadcasting. The director of the International Broadcasting
Bureau (IBB) was required to be appointed by the Chairman of
the Broadcasting Board of Governors in concurrence with the
other Board members and in consultation with the Director of
USIA. The Foreign Affairs Reform and Restructuring Act, Title A
of the Foreign Affairs Authorization Act for fiscal years 1998
and 1999, PL 105-277 (signed in October 1998), merged USIA into
the State Department and made the IBB Director a presidential
appointee. However, the position remained unfilled until
December 9, 2002.
Since its creation in 1994, the Broadcasting Board of
Governors employed a staff including an executive director in
addition to the IBB Director. At times this organizational
structure has created confusion about lines of authority and
resulted in less than optimal management of the broadcast
services and the surrogate operations.
Therefore, this provision eliminates the requirement for
the International Broadcasting Bureau--whose authorities are
subsumed by the Agency--and the Director position. Section 301
allows the Board of Governors to appoint a Director of the
Agency who will also serve as the executive director for the
Board. These changes are intended to streamline the
organization, eliminate lines of authority and improve the
overall daily management of our international broadcasting
operations. The proposed reorganization assumes the Board of
Governors will retain a board staff.
SEC. 536. TRANSITION.
This is a technical provision that provides for a seamless
transition from the current structure to the new Agency.
SEC. 537. CONFORMING AMENDMENTS.
This section provides technical conforming amendments to
current law.
SEC. 538. REFERENCES.
This technical provision states that any references to the
previous Broadcasting Board of Governors will be deemed to mean
the U.S. International Broadcasting Agency.
SEC. 539. BROADCASTING STANDARDS.
This provision amends current law by adding that the
Broadcasting Agency shall seek to ensure that resources are
allocated to broadcasts directed at people whose governments
deny freedom of expression or where the provision of objective
news and information is necessary.
SEC. 540. EFFECTIVE DATE.
This title becomes effective 6 months after enactment.
Title VI--International Free Media Act of 2003
SEC. 601. SHORT TITLE.
This section provides that the title may be cited as the
``International Free Media Act of 2003.''
SEC. 602. DEFINITIONS.
This section defines the term ``free media'' as used
throughout the title.
SEC. 603. FINDINGS.
This section expresses findings regarding the importance of
supporting free media to promoting U.S. national interests,
human rights, and democracy worldwide. It describes the various
means by which foreign governments suppress free media, and
explains the negative consequences of unprofessional and
unethical journalism. Specifically, it cites provisions of the
International Covenant on Civil and Political Rights (to which
the United States is a party) prohibiting hateful media that
incites discrimination, hostility or violence. This section
also describes the dangers of restricting access to free media
and affirms the responsibility of foreign governments to
discourage unprofessional and unethical journalism. Finally,
this section acknowledges the positive contributions past U.S.
Government efforts have made to the development of free media,
and stresses the importance of continuing such efforts.
SEC. 604. STATEMENTS OF POLICY.
This section asserts that it is United States policy to
promote free media worldwide, respect journalistic integrity
and editorial independence, and utilize widely-accepted
standards for professional and ethical journalistic and
editorial practice.
SEC. 605. COORDINATOR FOR INTERNATIONAL FREE MEDIA.
This section establishes a Coordinator for International
Free Media, who is appointed by the President and confirmed by
the Senate. The President may designate an existing State
Department employee as the Coordinator, although this would not
exempt him or her from Senate confirmation.
The Coordinator is charged with coordinating all activity
of the U.S. Government designed to promote press freedoms and
free media, including: training; assessing free media worldwide
according to widely-accepted standards, including those set in
the International Covenant on Civil and Political Rights;
promoting professional and ethical journalism; advising the
President and Secretary of State on press freedom and free
media policy; and representing the United States onthese
issues. The Coordinator is also charged with contributing to the annual
human rights country reports and with administering the International
Free Media Fund established in Section 607.
In addition, this section provides the Coordinator with a
list of factors to consider in assessing free media worldwide.
These factors include the characteristics of the media market,
the degree of government censorship, the existing legal
environment, and the extent to which journalists adhere to
widely-accepted ethical and professional standards. In
addition, the Coordinator is required to consult with U.S.
foreign mission personnel in assessing international media.
This section also requires the Secretary of State to
provide the Coordinator with the necessary staff and funding to
fulfill his or her duties.
SEC. 606. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY AND
INTERNATIONAL MEDIA.
This section amends the U.S. Information and Educational
Exchange Act of 1948 (22 U.S.C. 1469) to rename the U.S.
Advisory Commission on Public Diplomacy and expand its duties
to include advising the Coordinator for International Free
Media. The renamed ``U.S. Advisory Commission on Public
Diplomacy and International Media'' is also charged with
consulting with the Coordinator on the administration of the
International Free Media Fund established in Section 607.
SEC. 607. INTERNATIONAL FREE MEDIA FUND.
This section establishes the International Free Media Fund
and authorizes $15 million to be appropriated for the Fund. The
Fund is administered by the Coordinator, in consultation with
the Commission, for the purpose of promoting press freedoms and
free media worldwide. The Fund may be used to provide grants,
contracts, technical assistance or material support to free
media organizations that adhere to widely-accepted standards of
ethical and professional journalism. This section prohibits the
Fund from being used to support hateful media that incite
discrimination, hostility or violence. It also stresses the
importance of enabling free media to become financially viable
and supporting journalists who have received training. An
annual report detailing the Fund's activity is required, as is
consultation with appropriate State Department and U.S. foreign
mission officials.
SEC. 608. FREE MEDIA PROMOTION ACTIVITY OF THE BROADCASTING BOARD OF
GOVERNORS.
This section requires the Broadcasting Board of Governors
to promote international free media, and mandates a report on
cultivating affiliate relationships and enhancements in foreign
journalist training for this purpose. In addition, there is
authorized to be appropriated $2.5 million for FY04 and $2.5
million for FY05 to the Broadcasting Board of Governors for
supporting free media in countries in which U.S. international
broadcasting is decreasing.
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--Reporting Requirements
SEC. 701. REPORTS ON BENCHMARKS FOR BOSNIA.
This section would eliminate reporting requirements on
progress toward achieving the benchmarks for a sustainable
peace process in Bosnia that must be done as long as U.S.
ground combat forces continue to participate in the
Stabilization Force (SFOR). Significant reductions in U.S. and
allied troops have continued regularly since 1998. Regular
briefings to congressional staff (and Members, as desired) are
sufficient to address continuing concerns. This is a very time-
consuming report for the Departments of State and Defense.
SEC. 702. REPORTS TO COMMITTEE ON INTERNATIONAL RELATIONS.
This section requires the Secretary of State to submit all
reports required by law, regardless of which Committee requests
them, to the Committee on International Relations. This will
ensure that reports required in appropriations acts or other
laws are forwarded to Committee on International Relations.
SEC. 703. REPORTS CONCERNING THE CAPTURE AND PROSECUTION OF
PARAMILITARY AND OTHER TERRORIST LEADERS IN
COLOMBIA.
This section makes numerous findings regarding the
continuing security threat posed by the Self-Defense Forces of
Colombia (AUC or paramilitaries), the AUC's abysmal human
rights record, and remaining links between the Colombian
Security Forces and the paramilitaries. The section also
requires the Secretary of State to report bi-annually to
Congress regarding the amount, destination, and effectiveness
of United States assistance which is dedicated to apprehending
the leaders of the three Foreign Terrorist Organizations
operating in Colombia--the AUC, the Revolutionary Armed Forces
of Colombia (FARC), and the National Liberation Army (ELN) of
Colombia, and to describe the status of investigations and
prosecutions by the Colombian Attorney General's office of
these same individuals.
The Committee remains concerned about the illegal
activities of not only the FARC and the ELN but also of
Colombia's ``self-defense'' or paramilitary groups, one of the
worst violators of human rights in Colombia's war, responsible
for at least half of all non-combatant killings, torture, and
disappearances. Because of their record of abuse, the
paramilitaries' main umbrella organization, the AUC, has been
on the State Department's list of foreign terrorist
organizations since 2001. The Committee believes that
Colombia's government, as of yet, has not committed at every
level to confronting the paramilitaries and protecting
civilians from paramilitary abuses. While conditions on U.S.
assistance have contributed to significant improvements in the
Colombian security forces' will to challenge and attack
paramilitary groups, the State Department's March 31, 2003
report on human rights practices in Colombia finds that some
collusion with the AUC continued in 2002. Therefore, the report
required by this section is intended to help ensure that U.S.
assistance to apprehend paramilitary and guerrilla leaders does
not suffer the fate of earlier Colombian government initiatives
which produced few lasting results.
The Committee makes two additional cautionary notes.
Efforts to gather intelligence on the location of paramilitary
and guerrilla leaders as well as to detain and prosecute them
should continue so as to ensure that these individuals,
particularly those individuals who have U.S. indictments
pending against them, can be pursued, captured, and brought to
justice at the appropriate time. This is the primary reason
that the Committee is requesting the data identified in this
section. Second, the record of the office of the Colombian
Attorney General should be scrutinized carefully to distinguish
between apparent action, e.g., the opening of cases, and
effective measures that lead to the successful prosecutions of
paramilitary and guerrilla leaders.
SEC. 704. REPORTS RELATING TO MAGEN DAVID ADOM SOCIETY.
Section 704 amends section 690 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228) to
require the Secretary of State to report to the Committees on
International Relations in the House and Foreign Relations in
the Senate, describing the efforts by the United States to
obtain fullmembership for the Magen David Adom in the
International Red Cross Movement; efforts by the International
Committee of the Red Cross to obtain full membership for the Magen
David Adom in the International Red Cross Movement; efforts of the High
Contracting Parties to the Geneva Convention of 1949 to adopt the
October 12, 2000, draft additional protocol; and the extent to which
the Magen David Adom is participating in the activities of the
International Red Cross and Red Crescent Movement. The first report is
due 60 days after date of enactment and annually thereafter, and may be
classified if necessary.
SEC. 705. REPORT CONCERNING THE RETURN OF PORTRAITS OF HOLOCAUST
VICTIMS TO THE ARTIST DINA BABBIT.
This section requires a report within 6 months of enactment
describing the diplomatic efforts the U.S. has taken to
facilitate the return of the paintings that have been requested
by Dina Babbit.
SEC. 706. REPORT TO CONGRESS ON USE OF VESTED ASSETS.
This provision amends the International Emergency Economic
Powers Act to provide that any foreign assets frozen and vested
pursuant to the authority of that Act may not be used until the
President notifies the Committee and the Foreign Relations
Committee of the Senate of the purpose for which such vested
funds shall be used.
SEC. 707. REPORT CONCERNING THE CONFLICT IN UGANDA.
This section expresses a sense of Congress that the U.S.
should exhaust all diplomatic means to support an immediate
peaceful resolution to the 16-year old conflict in Northern
Uganda. It also requires a report by the Secretary of State on
actions taken to seek a solution to the conflict and on
humanitarian assistance efforts in northern Uganda.
The Committee recognizes and supports the strong role of
the Acholi religious leaders and other non-governmental actors
in helping facilitate a peaceful resolution to the conflict and
calls on the US to be supportive of these initiatives.
The Committee applauds the significant success the Ugandan
government has had in addressing the HIV/AIDs crisis through
implementing the ABC approach--abstinence, be faithful, and if
necessary use condoms, but expresses serious concern for the
grave humanitarian and development needs in Northern Uganda.
The Committee believes that the Secretary should work with
the Administrator for the United States Agency of International
Development to ensure that sufficient funds are spent on food,
medicine, medical and vocational training, and reintegration
programs for formerly-abducted children for persons displaced
as a result of civil conflict in Northern Uganda.
SEC. 708. REQUIREMENT FOR REPORT ON UNITED STATES POLICY TOWARD HAITI.
This section makes findings concerning the moral imperative
of the United States to alleviate the humanitarian crisis in
Haiti and the need for the United States Government (USG) to
help develop a concerted approach to resolving Haiti's long-
standing political and economic crisis. The section also
requires that the Secretary of State, in consultation with the
Secretary of Treasury, submit to Congress within 60 days a
report which describes USG activities to promote elections in
Haiti, assesses the appropriateness of Resolution 822 of the
Organization of American States as the framework for resolving
the political and economic crisis in that country, and
recommends methods for facilitating the release of loans by the
Inter-American Development Bank.
SEC. 709. REPORT ON THE EFFECTS OF PLAN COLOMBIA ON ECUADOR.
This section finds that the Secretary of State has not
submitted to Congress, as required by the Foreign Relations
Authorization Act for fiscal year 2003, a report on the impact
of Plan Colombia on Ecuador and the other adjacent countries to
Colombia. The section requires, among other things, that the
Secretary of State submit within 30 days a report to Congress
which sets forth a statement of policy and comprehensive
strategy for the United States for addressing the spillover
effects of Plan Colombia on these countries.
The Committee notes that in the seven-page report dated
March 4, 2003, the Department of State included only four short
paragraphs on the spill-over effects of Plan Colombia on
Ecuador and the other countries. Recognizing that the
Department must have a more elaborated statement of policy and
comprehensive strategy for addressing this problem, the
Committee again requires that the Secretary of State submit a
report to Congress on this issue. It is the Committee's
expectation that such a report will address in detail not only
the counter-drug repercussions of Plan Colombia and its
successor programs on Ecuador and the other adjacent countries,
but also the humanitarian and economic development implications
of increased eradication efforts for these countries.
SEC. 710. REPORT ON ACTIONS TAKEN BY PAKISTAN.
This section requires the President to submit a report that
contains a description of the extent to which the Government of
Pakistan has closed terrorist training camps, established
measures to prohibit infiltration over the Line of Control, and
ceased the transfer of weapons of mass destruction to any third
country or terrorist organization.
SEC. 711. REPORT ON DEMOCRACY IN THE WESTERN HEMISPHERE.
This section makes several findings regarding the
prerequisites for consolidating democracy in any country, the
apparent dearth of these factors in the hemisphere, the
resulting potential effect on the future of democracy, and the
subsequent need for the United States to enhance its democracy-
promotion efforts in the region. The section requires the
Secretary of State, in coordination with relevant agencies, to
submit a one-time report to Congress on the state of democracy
in the hemisphere. The report shall address key elements of
democracy in almost all the countries of the western hemisphere
and provide an assessment of the presence--or lack thereof--of
each element on certain aspects of democracy. The report also
shall describe and assess current democracy-promotion programs
in each country.
The Committee notes that a long-standing goal of the United
States has been to foster democratic forms of government in the
western hemisphere. However, the goal of a hemisphere comprised
of robust democracies has not yet been achieved. The Committee
increasingly is concerned that the failure of many countries to
safeguard the civil, political, and human rights of their
peoples as well as provide them with economic opportunities may
encourage these societies to retreat from a sustained
commitment to democracy. Recently, a Government Accounting
Office report on U.S. democracy-promotion efforts in six
specific countries in the hemisphere found that these efforts
have ``had a modest impact to date'' because of poor
coordination among U.S. agencies and a lack of sustainability
and resources, particularly from host countries.
Now is the time to refocus on efforts to promote democracy
in the hemisphere. The report that this section mandates will
provide, in a single reference source, a factual basis for that
revitalization. The report will also provide a basis for
exploring new avenues of democracy-promotion, including
thecreation of a permanent learning center for democratic leaders of
the hemisphere. The Committee expects the report to be a balanced,
detailed analysis of this subject and not simply a listing of facts or
assertions.
SEC. 712. REPORT CONCERNING INTERNAL AND INTRA-REGIONAL CONFLICTS IN
THE GREAT LAKES REGION OF AFRICA.
This section details the costs, the causes, and the
magnitude of the ongoing conflicts in the Great Lakes region of
Central Africa. It expresses the sense of Congress that the
United States should: undertake a full scale diplomatic effort
to help resolve these conflicts peacefully; urge all rebel
forces to stop the abduction of children; make technical
assistance available to combat armed extremist paramilitary and
militarist rebel organizations; monitor and support
negotiations conducted by other third-party institutions;
provide relief to municipalities supporting displaced
populations; provide resources to demobilization efforts;
condition military assistance to any nation which acts to
destabilized the Democratic Republic of Congo; and appoint a
special envoy to the Great Lakes region. This section also
directs the Secretary of State to report to Congress not later
than 180 days after enactment of this Act, and not later than
April 1 of each subsequent year on the comprehensive actions
taken by the United States in promoting peaceful and immediate
solutions to conflicts in the Great Lakes region.
Subtitle B--Other Matters
SEC. 721. SENSE OF CONGRESS RELATING TO EAST TIMOR, JUSTICE, AND
REHABILITATION.
This provision expresses a the sense of Congress regarding
the ongoing need for justice related to crimes committed by the
Indonesian military and Indonesian supported militias in East
Timor.
The Committee supports efforts by East Timor's Commission
for Reception, Truth and Reconciliation to consolidate peace
and reconciliation and encourages the President to
expeditiously assist in the provision of information requested
in the January 24, 2003 letter from the Commission.
The Committee supports the extension of the mandate of the
joint UN-East Timor Serious Crimes Investigation Unit and the
Special Panel for Serious Crimes beyond May 2004 to pursue
justice and avoid a backlog of cases lacking investigation and
trials.
The Committee encourages the UN and Indonesian authorities
to continue to resolve the situation of the approximately
28,000 East Timorese remaining in Indonesia. In light of the
recent resumption of killings and other crimes in East Timor by
militia members based in Indonesia it is particularly urgent
that the remnants of militia organizations be quickly removed
from the border area. It is also important to provide decent
humanitarian conditions and to ensure freedom of choice in
repatriation and resettlement, particularly for those who may
still be subject to intimidation by militia organizations.
SEC. 722. SENSE OF CONGRESS CONCERNING HUMAN RIGHTS AND JUSTICE IN
INDONESIA.
This section expresses concern that members of the
Indonesian security forces continue to commit many serious
human rights violations, particularly in areas of conflict such
as Aceh, Papua, the Moluccas, and Central Sulawesi. It also
expresses other concerns in the region.
The Committee urges every effort be made to salvage the
Framework Agreement on Cessation of Hostilities in Aceh (COHA).
The Administration should strongly urge the Indonesian
Government and military to halt the present build-up of troops
and military equipment in Aceh and to abandon plans for
intensified military operations in Aceh, and press the
Indonesian Government and the Free Aceh Movement (GAM) to
resume talks within the framework of COHA, so as to bring about
a reduction in the level of armed conflict in Aceh.
The Committee is deeply concerned by reports of an
Indonesian military campaign targeting civilians in the Central
Highlands of Papua, which reportedly includes the burning of
villages and torture and killing of detainees. The Committee
notes the lack of justice in the trial for the murder of Papuan
civic leader Theys Eluay, which was treated as an ordinary
crime rather than a political killing, and which has resulted
only in very lenient sentences for low-ranking Special Forces
(Kopassus) officers. The Committee also has concerns regarding
the Presidential Decree of January 2003, which, over objections
from people within Papua, would divide Papua into three
provinces, in violation of the government's own Special
Autonomy Law for Papua.
The Committee expresses concern over assistance for the
Indonesian military, including the provision of International
Military Education and Training, because of human rights abuses
linked to the military and especially because the case
involving the killing of two U.S. citizens and one Indonesian
citizen and the wounding of others in the Timika area of Papua
on August 31, 2002 remains unresolved. The Committee contests
that military assistance, if given, should be contingent on a
the release of a transparent budget audit of the Indonesian
military, an end of resistance to the principle of civilian
control, an improved record with respect to human rights abuses
carried out by the military as noted in the State Department's
Human Rights Report, and the ability of the government to hold
security forces accountable for crimes against humanity in East
Timor and serious crimes elsewhere in Indonesia.
SEC. 723. AMENDMENT TO THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF 1998.
This section extends for two additional years the
authorization of appropriations of for the U.S. International
Commission on Religious Freedom for each of the fiscal years
2004 and 2005. The funding level is straight lined at $3
million.
SEC. 724. SENSE OF CONGRESS WITH RESPECT TO HUMAN RIGHTS IN CENTRAL
ASIA.
This section discusses the countries of Kazakhstan,
Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan, referred
here as ``Central Asia.'' The section directs the
Administration to take progress achieved by Central Asia in the
areas of democratic reforms, human rights, independent media,
and non-violent religious groups into account when determining
the levels of engagement and assistance for each nation of
Central Asia. The Administration should also ensure that no
U.S. assistance benefits security forces in Central Asia
implicated in violations of human rights. This provision calls
on the governments of the nations of Central Asia to make
documentation of their revenues publicly available and to
punish individuals engaged in official corruption. It states
that the Central Asian governments risk undermining the goals
of the war on terrorism by continuing to suppress their
citizens, and that the increased level of U.S. assistance to
these nations can be sustained only if there is substantial and
continuing progress towards democratization.
SEC. 725. TECHNICAL CORRECTION TO AUTHORIZATION OF APPROPRIATIONS FOR
FISCAL YEAR 2003 FOR CENTER FOR CULTURAL AND
TECHNICAL INTERCHANGE BETWEEN EAST AND WEST.
This section makes an adjustment to align theauthorized and
appropriated levels for the East West Center. This change increases the
authorized level for the East West Center for FY 03 from $15 million to
$18 million. This change was requested by the State Department because
the FY 03 appropriated level for the East West Center is $18 million.
SEC. 726. UNDERSECRETARY OF COMMERCE FOR INDUSTRY AND SECURITY.
This section is a technical change to ensure that the title
of the current Under Secretary of Commerce for Industry and
Security conforms with the name of the Commerce Department
bureau overseen by that officer.
SEC. 727. CONCERNING THE SPREAD OF WEAPONS OF MASS DESTRUCTION.
This section expresses a sense of Congress calling upon the
European Union to develop an aggressive regulatory system to
investigate allegations of companies contributing to the
development of weapons of mass destruction or their sale or
transfer to other nations.
SEC. 728. INTERNATIONAL AGRICULTURE BIOTECHNOLOGY INFORMATION PROGRAM.
This section directs the State Department to provide other
countries with the scientific evidence on the benefits, safety,
and potential uses of agricultural biotechnology. Specific
objectives for the Secretary of State include chairing an
interagency task force to develop and disseminate accurate
information on the potential benefits of agricultural
biotechnology for human and animal nutritional needs and for
other purposes.
SEC. 729. REFUGEE RESETTLEMENT BURDENSHARING.
This provision expresses a sense of Congress that the
Secretary of State should encourage the international community
to accept refugees for resettlement on a more equitable basis.
SEC. 730. SENSE OF CONGRESS ON CLIMATE CHANGE.
This section cites scientific evidence that confirms global
climate change is occuring and is attributable to human
activities, and restates U.S. international treaty obligations
pursuant to the United Nations Framework Convention on Climate
Change (UNFCCC). The section also asserts the shared
international responsibility to address the problem of climate
change, and re-affirms the principle found in the UNFCCC that
developed countries, as the largest historic and current
emitters of greenhouse gases, should take the lead in combating
climate change. This section states that a future binding
treaty must not result in serious harm to the U.S. economy, but
also should not cause the U.S. to abandon its shared
responsibility in reducing the risks of climate change and its
impacts. The section restates the U.S. position that although
the U.S. has elected against becoming a party to the Kyoto
Protocol to the UNFCCC, our government will not interfere with
the plans of any nation that chooses to ratify and implement
the Protocol. It also makes clear that U.S. business interests
are best served by knowing how other governments are addressing
the risks of climate change, and that U.S. investments in
research, development, and deployment of clean energy
technologies can reduce the risks of climate change and its
impacts, while benefitting the U.S. economy.
The section also states the sense of Congress that the U.S.
should demonstrate international leadership and responsibility
by reducing health, environmental, and economic risks posed by
climate change by: (1) taking actions to ensure ``significant
and meaningful'' reductions of greenhouse gasses ``from all
sectors,'' (2) creating mechanisms, including tradable credits
to reduce, avoid, and sequester greenhouse gas emissions, (3)
participating in international negotiations with the objective
of gaining U.S. participation in a future binding climate
change treaty that will protect U.S. economic interests and be
consistent with UNFCCC environmental objectives, and (4)
establish a bipartisan observer group of members of the U.S.
House of Representatives to monitor international negotiations
on climate change.
This provision narrowly passed the Committee by a vote of
21-18.
SEC. 731. SENSE OF CONGRESS REGARDING MIGRATION ISSUES BETWEEN THE
UNITED STATES AND MEXICO.
This section recalls President Bush's first meeting with
President Fox of Mexico which resulted in the Joint Communique
of February 16, 2001 that stated, ``we are instructing our
Governments to engage, at the earliest possible 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.''
The section also recalls President Fox's first official visit
to Washington, D.C. and the Joint Statement of September 6,
2001 that resulted from that meeting, stressing a ``commitment
to forging new and realistic approaches to migration to ensure
it is safe, orderly, legal and dignified. * * *'' The section
further recalls that the same Statement also called for
``respecting the human dignity of all migrants, regardless of
their status.
In furtherance of U.S. national interests, and in
recognition of the significant time that has elapsed since the
agreements cited above were reached by the governments of the
United States and Mexico, this section also contains a sense of
Congress resolution directing that as soon as practicable, the
United States and Mexico should commence negotiations to reach
a migration accord satisfactory to both nations. In addition,
it provides that such an accord should be accompanied by an
accord to open Mexico's petroleum sector to foreign investment.
SEC. 732. SENSE OF CONGRESS CONCERNING UNITED STATES ASSISTANCE TO
PALESTINIAN REFUGEES.
This section expresses the sense of the Congress with
regard to the United Nations Relief and Works Agency (UNRWA),
which provides services to Palestinian refugees. The provision
acknowledges the hardships endured by Palestinian refugees;
recognizes the importance of United States humanitarian
assistance to those refugees, which is channeled through the
UNRWA; notes that the United States has contributed more than
$2.5 billion to UNRWA since its founding in 1950, making the
United States UNRWA's leading donor; calls attention to the
fact that the United States contribution is nearly ten times
the amount contributed by the entire Arab world; and calls on
Arab states to assume a greater share of the burden for
financing UNRWA.
It also expresses many of the Committee's ongoing concerns
about UNRWA. Those concerns relate to, among other things,
credible reports that UNRWA's facilities have been used for
terrorist training and as bases for terrorist operations, with
little attempt by the UNRWA to stop or oppose such activities
or alert relevant law enforcement authorities about such
terrorist activities. The Committee is also concerned about the
use or availability in UNRWA's schools of textbooks and other
materials, such as posters, that promote anti-Semitism or the
denial of Israel's right to exist, that promote stereotypes and
exacerbate tensions between Palestinians and Israelis, or that
constitute forms of incitement to violence.
The Committee is particularly dismayed that UNRWA schools
still use, in many grades, old textbooks that contain
virulently anti-Jewish and anti-Israel messages. UNRWA should
ensure theimmediate replacement of all such textbooks and
assume a greater degree of responsibility over the curriculum.
Palestinian children should not have to wait years to attend schools
that do not indoctrinate them in hatred; action is needed immediately.
The Committee notes criticisms that even the newer textbooks
inadequately prepare Palestinian children for peace with Israel; those
criticisms need to be responded to swiftly, with appropriate changes.
This section also strongly urges (a) the U.N. Secretary-
General to take immediate steps toward comprehensive reform of
UNRWA, so that it actively works to oppose terrorism and to
promote Israeli-Palestinian reconciliation and understanding;
(b) 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 will be permanently
ineligible for UNRWA benefits; and (c) the Secretary of State
to make reform of UNRWA a priority at the U.N., with such
reform including the implementation of comprehensive and
independently verifiable audits of UNRWA activities.
Among the concerns that the Committee would like to see
raised by the U.S. Secretary of State are indications that
UNRWA may be complying with aspects of the ``Arab boycott,'' at
least in its operations in Syria. According to paragraph 174 of
the most recent UNRWA annual report (U.N. General Assembly,
Official Records, Fifty-seventh Session, Supplement No. 13 (A/
57/13), covering the period July 1, 2001 to June 30, 2002),
UNRWA states that ``(i)n the Syrian Arab Republic, the Agency
[i.e., UNRWA] is required to submit its customs declaration
forms with commercial invoices for endorsement by the Boycott
Office.'' The report adds, without further elaboration, that
UNRWA has ``taken the matter up with the Syrian authorities on
the grounds that UNRWA should not be subjected to this
requirement.'' The Committee agrees that UNRWA should not be
subject to the requirement and, further, considers all forms of
cooperation with the boycott by UNRWA--or any other arm of the
United Nations--unacceptable. The Committee calls on the
Secretary of State to raise the issue of such cooperation at
the highest levels of both the United Nations and the Syrian
government.
Lastly, this section notes that there is an ongoing
Congressionally mandated General Accounting Office (GAO)
investigation on the extent to which the Department of State is
complying with section 301(c) of the Foreign Assistance Act of
1961, and on the implementation of procedures that have been
established to meet the standards of the Department of State
regarding compliance with the requirements of that section. In
this section, the Committee strongly encourages the GAO to
expand the scope of its investigation to examine 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-Israeli teachings,
or the glorification or incitement of violence.
The Committee commends and encourages ongoing efforts by
UNRWA to implement reforms to meet some of the Committee's
concerns and by the State Department to encourage reform of
UNRWA. As reported to Congress by the State Department, these
reforms include an increase in the numbers of personnel engaged
in inspecting UNRWA facilities ``to minimize the possibility of
improper meetings being held there, to see that the facilities
were not being used to store weapons or other inappropriate
material, to see that any political materials be removed and
that any other activities that violated the neutrality of UNRWA
installations or programming be brought to an end.'' According
to the State Department, UNRWA also issued a circular to
employees in June 2002 reminding them that UNRWA facilities are
to be used only for activities within UNRWA's mandate and that
UNRWA staff must not engage in any activity incompatible with
their status as independent and impartial civil servants.
Such steps are positive but inadequate. The Committee would
like to be assured that UNRWA's actions regarding the issues
discussed in the preceding paragraph will not be limited to the
one-time distribution of a circular and an increase in the
numbers of monitors.
SEC. 733. UNITED STATES POLICY ON WORLD BANK GROUP LOANS TO IRAN.
This Section requires the Secretary of State, in
consultation with the Secretary of the Treasury, to convey
directly to the governments of countries represented on the
decision-making boards and councils of the international
financial institutions of the World Bank Group that the U.S.
Government opposes any further activity in Iran by those
institutions. Within 90 days of enactment of this act and again
one year thereafter, the Secretary of State shall submit a
report on his efforts in this regard to the chairman and
ranking minority member of the House International Relations
Committee and of the Senate Foreign Relations Committee.
SEC. 734. SENSE OF CONGRESS RELATING TO SOVIET NUCLEAR TESTS IN
KAZAKHSTAN.
This section describes the positive non-proliferation
activities undertaken by the Government of Kazakhstan,
including voluntarily giving up its nuclear arsenal, sealing
the nuclear test sites, and joining the START treaty, since its
independence in 1991. The section also describes the negative
environmental and health impact from the decades of the Soviet-
era nuclear weapon testing on the citizens of Kazakhstan. The
section instructs the Secretary of State to 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 the city of Semipalatinsk.
SEC. 735. SENSE OF CONGRESS RELATING TO VIOLENCE AGAINST WOMEN.
This section recalls that the United Nations Declaration on
the Elimination of Violence Against Women outlines that states
should condemn violence against women. It also recalls that the
Beijing Declaration and Platform for Action of the Fourth World
Conference on Women states that governments should condemn
violence against women and should refrain from invoking custom,
tradition or religion to avoid their obligations. It recalls
that the United States supported both of these Declarations and
reinforces the position of the United States to condemn
violence against women.
DIVISION B--DEFENSE TRADE AND SECURITY ASSISTANCE REFORM ACT OF 2003
TITLE X--GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This section provides that Division B may be cited as the
``Defense Trade and Security Assistance Reform Act of 2003.''
SEC. 1002. DEFINITIONS.
This section sets forth certain definitions of terms
commonly used in Division B.
SEC. 1003. REFERENCES TO ARMS EXPORT CONTROL ACT.
References to an amendment or repeal of a section or other
provision in Division B are considered to be made to the Arms
Export Control Act, unless otherwise expressly noted.
TITLE XI--TERRORIST-RELATED PROHIBITIONS AND ENFORCEMENT MEASURES
SEC. 1101. ELIGIBILITY PROVISIONS.
This section amends section 3 of the Arms Export Control
Act (AECA) to ensure that a basis exists for ineligibility for
assistance under the AECA for foreign countries that use U.S.
defense articles to carry out a transaction with a terrorist
state. A transaction is defined to cover acts prohibited by
section 40 of the AECA with regard to the United States
Government and U.S. persons. Section 3 would also be amended to
require a report to Congress when defense articles and defense
services licensed under section 38 are transferred to a third
person (including a third country) without U.S. Government
approval, in addition to the longstanding requirement for such
reports in the case of retransfers involving U.S. Government
furnished defense articles and defense services.
SEC. 1102. WEAPONS TRANSFERS TO FOREIGN PERSONS IN THE UNITED STATES.
This section amends section 38 of the AECA to authorize the
President to control (in addition to exports and imports)
transfers in the United States of defense articles and defense
services to foreign persons, except for firearms and firearms
ammunition and accessories and attachments (whose sale to
foreign persons in the United States is already controlled
pursuant to the Gun Control Act and related legislation). The
Department of State, which generally administers the
President's authority under section 38, has long controlled
through its implementing regulations for section 38 transfers
to foreign persons in the United States of certain defense
articles (e.g., aircraft, naval vessels, satellites and
technical data), as well as all defense services and all
defense articles, including firearms and firearms ammunition,
for transfer to an embassy or other foreign government
subdivision in the United States; in such cases the United
States person proposing to transfer defense articles or defense
services must first obtain approval (e.g., a license) from the
Department of State. This provision would provide a firm
statutory basis for the Department's regulatory practice in
these areas and permit expansion of this form of control in
light of the changed security environment since the attacks of
September 11, 2001, where threats to U.S. interests may arise
from unauthorized access by foreign persons (other than foreign
government subdivisions) to munitions and other defense
articles in the United States without ever involving a classic
``export'' (e.g., taking or sending defense articles out of the
United States). The Committee expects that any expanded use of
this authority will be exercised in close coordination with the
Attorney General and the heads of other departments and
agencies having related authority.
SEC. 1103. COORDINATION OF LICENSE EXEMPTIONS WITH UNITED STATES LAW
ENFORCEMENT AGENCIES.
This section expresses the sense of Congress that new
exemptions from the licensing requirements of section 38 of the
AECA should only be undertaken after careful coordination with
U.S. law enforcement agencies in view of historic difficulties
in enforcing violations where no license was required
(successful enforcement actions in such circumstances have been
rare, if at all), and would amend section 38 to require that
this be done for any regulation promulgated on or after January
1, 2003. This section also requires that, before such
regulations take effect, the Committee be notified in
accordance with the reprogramming procedures under section
634A(a) of the Foreign Assistance Act.
SEC. 1104. MECHANISMS TO IDENTIFY PERSONS IN VIOLATION OF CERTAIN
PROVISIONS OF LAW.
This section amends (by updating) section 38(g) of the AECA
(relating to U.S. laws that, when violated, generally prompt
denial of export license privileges) in order to include
relevant legislation enacted into law related to the attacks of
September 11, 2001.
SEC. 1105. COMPREHENSIVE NATURE OF UNITED STATES ARMS EMBARGOES.
This section contains certain findings by the Congress and
amends section 38 of the AECA to require that no defense
article or defense service subject to the State Department's
International Traffic in Arms Regulations, and no dual use good
or technology subject to the Commerce Department's Export
Administration Regulation be exported without a license to the
military, police or intelligence services of a U.S. arms-
embargoed government unless the Secretaries of State and
Defense concur in the proposed export. This provision would not
bar the export of any such item, but merely requires that a
license be submitted. Considerable flexibility is provided to
the agencies to determine the type of license (e.g.,
individual, general, etc.) provided the Secretaries have
concurred in the outcome. According to the State Department's
International Traffic in Arms Regulations, as of March 1, 2003
(22 CFR 126.1), this requirement would apply to the military,
police and intelligence services of the following countries
(but would change as new embargoes are imposed and existing
embargoes rescinded): Belarus, Cuba, Iran, Iraq, Libya, North
Korea, Syria, Vietnam, Burma, People's Republic of China,
Haiti, Liberia, Rwanda, Somalia, Sudan, and Democratic Republic
of the Congo (formerly Zaire); in the case of Angola, an arms
embargo exists with respect to UNITA; in the case of
Afghanistan, an arms embargo exists with respect to all areas
of the country other than to the Government of Afghanistan
(currently Afghan Interim Authority) and to the International
Security Assistance Force (ISAF).
SEC. 1106. TRANSACTIONS WITH COUNTRIES SUPPORTING ACTS OF INTERNATIONAL
TERRORISM.
This section expands the prohibitions of section 40 of the
Arms Export Control Act relating to state sponsors of
international terrorism by amending subsection (l)(1) to
include defense articles and defense services (in lieu of ``any
item enumerated on the United States Munitions List'') and all
other activities requiring a license or approval (e.g.,
brokering, sales proposals, etc.) under the regulations
promulgated pursuant to the President's authority in section
38(a)(1) of that Act.
SEC. 1107. AMENDMENTS TO CONTROL OF ARMS EXPORTS AND IMPORTS.
This section facilitates enforcement of criminal violations
of the Arms Export Control Act and enhances the deterrent
effect of the penalty provisions in several ways. The standard
for criminal culpability of sections 38, 39, and 40 would be
changed from ``willfully'' to ``knowingly'', consistent with
the ``knowing'' standard long established in sections 72, 73,
and 81 of the AECA relating to the proliferation of missiles,
missile equipment and technology, and chemical or biological
weapons. The amount of the fine for each criminal violation of
sections 38, 39 and 40 would rise from $1 million to $2 million
when the violation involves a state sponsor of international
terrorism, and from $1 million to $1.5 million when the
violation involves a country, other than a state sponsor, that
is subject to an arms embargo. Civil penalties would be
similarly raised for these two categories of violations from
$500,000 to $1 million and $750,000, respectively. Fines for
violations that do not involve terrorist or other embargoed
countries would remain unchanged.
Further, this section provides a firm statutory basis in
section 47 of the Arms Export Control Act for the definition of
``defense articles'' by incorporating the long-standing
definition contained in the International Traffic in Arms
Regulations (ITAR) as of January 1, 2003, as may be
supplemented by the President pursuant to the authority
contained in subsection (a) of section 38 of that Act. A
similar approach would be taken in the case of defense services
(incorporating the definition of those services as defined in
the ITAR as of the same date), except that the term defense
services is also phrased to include specifically the terms
``aiding'' and ``abetting'' within the meaning of
``assistance,'' reflecting longstanding reliance on those
commonly-used terms in the ITAR and in Title 18.
SEC. 1108. HIGH RISK EXPORTS AND END USE VERIFICATION.
This section amends section 38 of the AECA to mandate that
the standards for high-risk exports and end-use verification
already required in subsection (g)(7) of that Act be kept up-
to-date and coordinated biennially with the Secretary of
Homeland Security, the Attorney General, the Director of the
Federal Bureau of Investigation, and the Director of Central
Intelligence.
SEC. 1109. CONCURRENT JURISDICTION OF THE FEDERAL BUREAU OF
INVESTIGATION.
This section strengthens the U.S. Government's enforcement
of the Arms Export Control Act by providing the Federal Bureau
of Investigation with authority in this area, in addition to
the long-standing authority provided to Customs, which would
continue. The section contains a sense of Congress that the FBI
should be provided with authority to investigate and enforce
violations of the Arms Export Control Act in view of that
Bureau's responsibilities for protecting the United States
against terrorist attack, foreign intelligence operations, high
technology crimes and transnational criminal organizations--and
the frequent relationship of illegal arms exports and
international arms trafficking to those responsibilities. This
should be without any adverse affect on the existing authority
of the Bureau of Customs and Border Patrol, which would
continue to play a leading role in enforcement of the AECA. The
Committee expects that any operational details between the FBI
and Customs associated with this authorization will be resolved
by or with the assistance of the Attorney General.
SEC. 1110. REPORT ON FOREIGN-SUPPLIED DEFENSE ARTICLES, DEFENSE
SERVICES, AND DUAL USE GOODS AND TECHNOLOGY
DISCOVERED IN IRAQ.
This section requires the President to submit a report to
the Committee within six months of enactment, describing the
nature and origin of foreign-supplied items discovered by
coalition forces in Iraq--conventional arms and equipment, as
well as WMD--that have not been previously accounted for by
UNSCOM or UNMOVIC to the satisfaction of the United States. The
Committee recognizes that the Department of Defense, including
U.S. armed forces, and other agencies involved in Operation
Iraqi Freedom have many pressing tasks in Iraq. This provision
is not intended to add to those tasks. but to obtain a report
on the results of activities planned or already underway
regarding sensitive technologies and munitions. The Committee
considers this report very important not only to its oversight
and policy responsibilities for non-proliferation and export
control, but to possible improvements to international
arrangements in this area in light of the factual record
discovered in Iraq.
TITLE XII--STRENGTHENING MUNITIONS EXPORT CONTROLS
SEC. 1201. CONTROL OF ITEMS ON MISSILE TECHNOLOGY CONTROL REGIME ANNEX.
In order to ensure U.S. missile technology export controls
are clearly established and kept up-to-date, this provision
would require the Secretary of State, in consultation with the
Secretary of Commerce, the Attorney General and the Secretary
of Defense, to provide an annual certification and report to
Congress. This provision addresses a problem identified by the
General Accounting Office (GAO) in its October 9, 2001, report
entitled, ``Export Controls: Clarification of Jurisdiction for
Missile Technology Items Needed'' (GAO-02-120), wherein GAO
concluded that approximately 25 percent of the items controlled
by the Missile Technology Control Regime (MTCR) arrangement
were the subject of apparent overlap or ambiguity in the export
control regulations administered by the Departments of Commerce
and State (i.e., Export Administration Regulations and
International Traffic in Arms Regulations). The Department of
Commerce subsequently published a regulation to clarify its
jurisdiction over certain of these items, while a long-term
solution for all items was to emerge in the context of ongoing
review by the concerned agencies of the U.S. Munitions List.
However, this solution has not emerged from the inter-agency
review. The provision would reflect the Committee's view that
priority should be accorded to ensure clear and comprehensive
U.S. export control coverage of MTCR Annex items in view of the
special threat to U.S. security interests presented by the
unauthorized export and proliferation of missile technologies.
The Committee expects the Department of State to take prompt
and definitive action to address this matter without further
delay.
SEC. 1202. CERTIFICATIONS RELATING TO EXPORT OF CERTAIN DEFENSE
ARTICLES AND SERVICES.
This section amends section 36(c) of the AECA to require
advance certification to Congress of any comprehensive export
authorization in the amount of $100 million or more, regardless
of whether a signed contract exists. Comprehensive export
authorizations are a new type of export license announced by
the Department of State at a NATO Ministerial meeting in May
2000 as one of several export control initiatives. This
provision also repeals clause (B) of paragraph 2 of section
36(c) relating to a reduced period of time for satellite
launches by Russia, Kazakhstan and Ukraine; henceforth, the
waiting period would be 30 days-- on a par with all other
notifications not involving exports to NATO members, Australia,
New Zealand or Japan.
SEC. 1203. NOTIFICATION REQUIREMENTS FOR TECHNICAL ASSISTANCE AND
MANUFACTURING LICENSING AGREEMENTS WITH NATO MEMBER
COUNTRIES, AUSTRALIA, NEW ZEALAND, AND JAPAN.
This provision amends section 36(d) of the AECA to no
longer require advance notification of agreements involving the
manufacture abroad of significant military equipment that is
valued at less than $7 million in the case of major defense
equipment, or $25 million in the case of all other significant
military equipment. This amendment marks the second year in a
row that the Committee has taken action to adjust the
thresholds for arms sales requiring advance notification to
Congress. The amendment to section 36(c) enacted in section
1405 of Public Law 107-228 is projected to result in a 30-40
percent reduction in the number of cases requiring advance
notification to Congress. Section 1203 of this bill should
produce a similar reduction in technical assistance and
manufacturing license agreements. The Committee directs the
Department of State and other agencies involved in the
preparation of Congressional notifications to now review their
own procedures in order to expedite, and where appropriate
streamline, inter-agency review procedures of proposed
notifications in order to avoid undue delay or other
unjustified impacts on U.S. defense firms, particularly where
the benefit of extensive inter-agency review proposed
notifications seems in doubt. This would appear to be the case
for arms sales that fall below the higher thresholds the State
Department has recommended be put in place.
SEC. 1204. STRENGTHENING DEFENSE COOPERATION WITH AUSTRALIA AND THE
UNITED KINGDOM.
This section amends section 38 of the AECA to establish an
accelerated and streamlined munitions license approval
procedure of ten days for Australia and the United Kingdom, in
view of the special relationships that exist between the U.S.
and these countries. The procedure would be applicable to those
defense articles, services and technology that are currently
exempt by regulation (i.e., the International Traffic in Arms
Regulations at section 126.5) from prior U.S. Government review
and licensing requirements when they are to be exported or
transferred to Canada.
As the level of defense technology available to Canada
through a license exemption procedure would rarely, if ever,
require a national security review for release to Australia or
the United Kingdom, the provision requires generally that such
license applications not be subjected to inter-agency review,
except in those few instances where the Secretary of Defense or
the heads of other specified agencies may so request referral.
Since the State Department's median processing times for all
munitions license applications not referred to other agencies
(which comprises more than two-thirds of all applications
submitted) have been consistently better than 10 days in recent
years, the establishment of this procedure would impose no
additional burden necessitating more resources.
This provision would be without prejudice to the
establishment of arrangements that would permit the President
to establish a license exemption for Australia and/or the
United Kingdom that is similar to that already established for
Canada, as provided for in subsections (f)(2) and (j) of
section 38 or through other means.
SEC. 1205. TRAINING AND LIAISON FOR SMALL BUSINESSES.
This provision requires the Secretary of State to
establish, within the level of funding provided, a coordinator
for small business affairs in the Office of Defense Trade
Controls, who would serve as a point of contact for United
States small businesses on export licensing, registration and
other matters.
SEC. 1206. STUDY AND REPORT RELATING TO CO-LOCATING MUNITIONS CONTROL
FUNCTIONS OF THE DEPARTMENTS OF STATE, DEFENSE, AND
HOMELAND SECURITY.
This provision contains a sense of Congress that the
administrative, licensing and compliance-related functions
associated with arms exports under section 38 of the Arms
Export Control Act, which are generally administered by the
Department of State in conjunction with the Departments of
Homeland Security and Defense, could be expedited consistent
with U.S. security, law enforcement and foreign policy
requirements by a reduction in the those matters necessitating
inter-agency referral outside of the Department of State, and/
or by co-locating related functions of the Departments of
Homeland Security and Defense with those 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 U.S.
defense companies, especially small businesses.
The need to keep inter-agency staffing of applications at a
level necessary to safeguard critical security, law enforcement
and foreign policy interests was an important purpose behind
the requirement established long ago in section 38 of the Arms
Export Control Act (see, paragraph (8) of subsection (g)) that
the Secretaries of Treasury and Defense detail expert personnel
to the responsible State Department office to assist in license
application screening. Notwithstanding recent increases in the
number of Department of Defense employees so detailed, there
continues to be a high number of cases (ranging from 30-33
percent) that are still referred for Department of Defense
review. This suggests the need for additional action by the
agencies to ensure prompt decision-making on what is apparently
a high quotient of complex cases, of which co-location of
parallel and complementary responsibilities is a promising
candidate, and one that is likely to carry additional benefits
to the public and the defense industry by providing a
centralized location. In further consideration of this
possibility, the Secretary of State would be required to
consult with the Secretary of Homeland Security and the
Secretary of Defense, and through the State Department's
federal advisory committee structure, with the public, to
examine the relative advantages and disadvantages of co-
location. The Secretary would be required to submit a report on
this matter to the Committee within 180 days of enactment of
this provision.
TITLE XIII--SECURITY ASSISTANCE AND RELATED PROVISIONS
Subtitle A--Foreign Military Sales and Financing Authorities
SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.
This section authorizes assistance under section 23 of the
AECA at $4,414,000,000 for fiscal year 2004.
SEC. 1302. PROVISION OF CATALOGING DATA AND SERVICES.
This section amends section 21(h)(2) to permit cataloging
of data and services on a reciprocal (non-reimbursable) basis
for Australia, New Zealand and Japan, in addition to NATO-
member countries, as is currently provided for in section
21(h).
SEC. 1303. ANNUAL ESTIMATE AND JUSTIFICATION FOR SALES PROGRAM.
This section amends section 25(a)(1) to reduce the burden
of the reporting requirement (i.e., the ``Javits Report'') for
NATO member countries, Australia, New Zealand and Japan by
increasing the value of the sale from $7 million to 25 million.
SEC. 1304. ADJUSTMENT TO ADVANCE NOTIFICATION REQUIREMENT FOR TRANSFER
OF CERTAIN EXCESS DEFENSE ARTICLES.
This section amends section 516(f)(1) of the Foreign
Assistance Act to limit those transfers of excess defense
equipment requiring advance notification to all major defense
equipment (currently all significant military equipment) and
(as is currently provided for) all other items valued at $7
million or more.
Subtitle B--International Military Education and Training.
SEC. 1311. AUTHORIZATION OF APPROPRIATIONS.
This section authorizes $91,700,000 for fiscal year 2004 to
carry out chapter 5 of part II of the Foreign Assistance Act.
SEC. 1312. ANNUAL FOREIGN MILITARY TRAINING REPORTING.
This section amends section 656(a) of the Foreign
Assistance Act to change the due date of the required annual
report to March 1 (currently January 31), and to eliminate the
requirement to report on training proposed for the current
fiscal year.
Subtitle C--Assistance for Select Countries
SEC. 1321. ASSISTANCE FOR ISRAEL.
This section authorizes assistance for Israel for fiscal
years 2004 and 2005 based on Committee authorizations in recent
years, including provision for early payout following
enactment.
SEC. 1322. ASSISTANCE FOR EGYPT.
This section authorizes assistance for Egypt for fiscal
years 2004 and 2005 based on Committee authorizations in recent
years, including provision for early deposit of funds following
enactment.
Subtitle D--Miscellaneous Provisions
SEC. 1331. UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES.
This section amends section 514(b)(2) of the Foreign
Assistance Act to authorize additions to stockpiles in foreign
countries, and Israel in particular, at the same level for
fiscal year 2004 as was authorized for fiscal year 2003.
SEC. 1332. TRANSFER TO ISRAEL OF CERTAIN DEFENSE ARTICLES IN THE UNITED
STATES WAR RESERVE STOCKPILES FOR ALLIES.
This section provides a five-year authorization for the
Secretary of Defense to transfer to Israel certain obsolete or
surplus items in the inventory of the Department of Defense on
the basis of negotiated concessions and advance notification to
the Committee describing the items to be transferred and the
concessions that have been negotiated.
SEC. 1333. EXPANSION OF AUTHORITIES FOR LOAN OF MATERIAL, SUPPLIES, AND
EQUIPMENT FOR RESEARCH AND DEVELOPMENT PURPOSES.
This section amends section 65 of the Arms Export Control
Act to permit the loan of equipment for R&D purposes to
friendly foreign countries (as determined by the President
pursuant to section 27(j) of that Act) in addition to NATO
allies, as is currently provided for in section 65.
SEC. 1334. ASSISTANCE FOR DEMINING AND RELATED ACTIVITIES.
The Secretary of State would be authorized to provide
grants to public-private partnerships for fiscal year 2004 for
demining, clearance of unexploded ordnance and related
activities, provided the total amount does not exceed $450,000.
SEC. 1335. REPORTS RELATING TO TREATY BETWEEN THE UNITED STATES AND THE
RUSSIAN FEDERATION ON STRATEGIC OFFENSIVE
REDUCTIONS.
This section requires the Administration to provide all
reports required to be provided to the Senate Foreign Relations
Committee pursuant to the Resolution of Ratification of the
Moscow Treaty to also be provided to the House International
Relations Committee.
SEC. 1336. STATEMENT OF HOUSE OF REPRESENTATIVES REGARDING THE TREATY
BETWEEN THE UNITED STATES AND THE RUSSIAN
FEDERATION ON STRATEGIC OFFENSIVE REDUCTIONS.
This section declares several statements of the House of
Representatives regarding the Moscow Treaty. Specifically, the
House concurs with the declarations in the Resolution of
Ratification, encourages the President to continue strategic
offensive reductions to the lowest possible levels consistent
with national security and alliance obligations, urges the
President to engage Russia to establish cooperative accounting
and security measures for non-strategic nuclear weapons, and
encourages the President to accelerate U.S. strategic force
reductions to the extent feasible and consistent with the
Treaty.
SEC. 1337. NONPROLIFERATION AND DISARMAMENT FUND.
This section responds to the direct and very real threat
posed by stockpiles of highly enriched uranium (HEU). This
material is a component of nuclear weapons and is the fuel for
over 100 research reactors worldwide in more than 40 nations,
including Russia, Ukraine, Kazakhstan, Belarus, Latvia, and
Uzbekistan. Because this material poses a grave threat as a
terrorist weapon, there is an urgent need to deal with the
small, insecure stocks of HEU used as fuel in research
reactors. Operators of these reactors often do not have
adequate financial resources to protect this vulnerable fuel,
and there is grave danger that it could fall into the wrong
hands.
The Nonproliferation and Disarmament Fund (NDF) within the
United States Department of State, Bureau of Nonproliferation,
is a unique, flexible entity that is well-suited to take on the
challenge of a global HEU clean-out. This fund's objective is
to permit rapid response to unanticipated or unusually
difficult, high priority opportunities to halt the
proliferation of nuclear, biological, and chemical weapons; to
destroy or neutralize existing weapons of mass destruction and
related materials; and to limit the spread of advanced
conventional weapons.
Subsection (a) of this section authorizes $60,000,000 for
each of the fiscal years 2004 and 2005 to carry out section 504
of the Freedom for Russia and Emerging Democracies and Open
Markets Support Act of 1992 (the ``Nonproliferation and
Disarmament Fund''), to remain available until expended.
Subsection (b) of this section contains findings with
respect to the nonproliferation of highly enriched uranium:
that it is the most likely source material for terrorist or
other outlaw organizations that seek to acquire a nuclear
weapon; that such organizations are not likely to produce this
source material on their own, but will seek to divert highly
enriched uranium from some of the many vulnerable stockpiles in
numerous facilities around the world; that there is a need for
a coordinated United States Government initiative to secure and
dispose of highly enriched uranium stockpiles in these
vulnerable facilities; and that the Nonproliferation and
Disarmament Fund is a unique, flexible entity that is well-
suited to carry out such a coordinated initiative, in
cooperation with other Federal agencies. Subsection (b)
authorizes the Secretary of State 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. Subsection (b) authorizes
appropriations of $25,000,000 for each fiscal year for this
initiative to secure and dispose of highly enriched uranium,
out of the funds available to the Nonproliferation and
Disarmament Fund.
SEC. 1338. MARITIME INTERDICTION PATROL BOATS FOR MOZAMBIQUE.
This section would authorize $1,000,000 for FY04, to remain
available until September 30, 2006, for related costs
associated with the provision of up to four excess U.S. coastal
patrol boats to Mozambique for maritime patrol and interdiction
activities.
SEC. 1339. REPORT ON MISSILE DEFENSE COOPERATION.
This section requires a report by the Secretary of State on
cooperative efforts that have been undertaken by the U.S. with
foreign governments to foster the development and deployment of
defenses against missile attacks.
SEC. 1340. IRAN'S PROGRAM TO DEVELOP A NUCLEAR EXPLOSIVE DEVICE.
In subsection (a), ``Findings'', finds that Iran has
pursued a nuclear weapons program for more than a decade,
despite being a party to the Treaty on the Non-Proliferation of
Nuclear Weapons (NPT); that CIA director George Tenet has
repeatedly warned of this danger, including as recently as
February 11, 2003; that on March 17, 2003, Director General of
the International Atomic Energy Agency (IAEA) el Baradei
demanded that Iran agree to an ``additional protocol'' under
the IAEA's nuclear inspection rights, which would enable the
IAEA to conduct more intrusive monitoring; that in early 2003
Iran announced plans to mine its own natural uranium and
admitted constructing two nuclear facilities, a heavy water
production plant and a gas centrifuge uranium enrichment
facility, which would give Iran the capability of indigenously
producing nuclear-weapons grade uranium; that Iran has been
developing long-range missiles capable of delivering nuclear
weapons and, according to Tenet, may test an inter-continental
ballistic missile within this decade; that Iran has received
considerable assistance in its nuclear-weapons and missile-
development programs from Russia, China, and North Korea; that
Congress and successive Administrations have sought to deter or
delay Iran's acquisition or development of such deadly weapons
through legislation and diplomacy and that this legislation
includes 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; that President Bush in January 2002 labeled Iran as
one of the countries that constitutes an ``axis of evil''
because of its efforts to develop WMD and its support of
international terrorism; that Iran is the principal supporter
and supplier to terrorist groups Hizballah, Hamas, and Islamic
Jihad; that the leaders of Iran have publicly called for the
destruction of the State of Israel; and that a nuclear-armed
Iran would pose a grave threat to the national security of the
U.S. and to its allies in the region.
In subsection (b), ``Statement of Policy'', Congress finds
that Iranian support of terrorism and efforts to develop
nuclear weapons are a grave threat to the national security of
the U.S. and its allies and to the U.S. Armed Forces; declares
that the U.S. and its friends and allies must make maximum
efforts to prevent Iran from developing or acquiring nuclear
weapons and the missiles to deliver them; urges the President
to use all appropriate means to prevent Iran from gaining such
capabilities; urges the IAEA to employ the full range of its
inspection authorities to ensure that Iran's nuclear program is
used only for peaceful purposes; encourages Iran to sign and
ratify the new nuclear safeguards protocol to the NPT, the
``Model Additional Protocol (INFCIRC/540-Corr)'', and thereby
demonstrate its commitment to full disclosure and transparency
about its nuclear program; and urges the U.S. resident
representative to the IAEA to work with the IAEA Board of
Governors on guidelines for early identification of
noncompliance with the NPT.
TITLE XIV--MISSILE THREAT REDUCTION ACT OF 2003
SEC. 1401. SHORT TITLE.
This section provides that Title XIV may be cited as the
``Missile Threat Reduction Act of 2003.''
Subtitle A--Strengthening International Missile Nonproliferation Law
SEC. 1411. FINDINGS.
This section declares the findings of Congress with regard
to the increasing threat to the U.S. from the spread of
ballistic missiles worldwide, especially those of 300 km and
500 kg payload capacity (equivalent to ``Category 1''
thresholds for nuclear-capable missile systems under the
Missile Technology Control Regime, or ``MTCR''); finds that
North Korea is a significant source of missile proliferation;
notes the lack of binding international law that would permit
active interdiction of such missile shipments; and notes the
value of the MTCR, as well as the need to create new
international mechanisms to interdict and prevent the transfers
of such missiles.
SEC. 1412. POLICY OF THE UNITED STATES.
This section declares that it shall be the policy of the
United States to seek a binding international instrument to
restrict the trade in offensive ballistic missiles with ranges
of 300 km or greater that have a payload capacity of 500 kg or
greater. Such a binding international instrument may take the
form of a multilateral treaty, a United Nations Security
Council resolution, or other form of international law, and
should provide for enforcement measures to include
interdiction, seizure and impoundment of illicit shipments of
offensive ballistic missiles and related technology, equipments
and components.
SEC. 1413. SENSE OF CONGRESS.
This section declares the sense of Congress that the United
States should immediately introduce a resolution in the United
Nations Security Council to prohibit all UN Members from
purchasing, receiving, assisting or allowing the transfer of
any missile, missile-related equipment, means of production, or
technology from North Korea.
Subtitle B--Strengthening United States Missile Nonproliferation Law
SEC. 1421. PROBATIONARY PERIOD FOR FOREIGN PERSONS.
Subsection (a) of this section requires that any foreign
person, entity or government that has been sanctioned under
U.S. law for missile transfer violations, after the period of
formal sanctions expire or have been waived, will be subject to
a probationary period of special monitoring for granting dual
use licenses to that foreign person, entity or government for a
period of 3 years, unless the President informs Congress that
the person, entity or government has verifiably ceased all such
activity and instituted a program of transparency to verify
that fact.
Subsection (b) allows the termination of the probationary
period if the President notifies the House International
Relations Committee and the Foreign Relations, and Banking,
Housing and Urban Affairs Committees of the Senate that the
sanctioned foreign person has ceased all activity related to
the original violation, has instituted a program of
transparency measures to verify for 3 years that sanctioned
activities have not resumed, and that there has been an
appropriate resolution of the original violation(s).
SEC. 1422. STRENGTHENING UNITED STATES MISSILE PROLIFERATION SANCTIONS
ON FOREIGN PERSONS.
Subsection (a) of this section increases the period of U.S.
missile sanctions under the Arms Export Control Act from 2 to 4
years. Subsection (b) requires that any report explaining a
waiver of sanctions can only be classified for intelligence-
source protection reasons, and in that instance the President
must attempt to acquire sufficient alternative information to
allow a subsequent unclassified waiver report.
Subsection (c) increases the period of U.S. dual use
missile-related sanctions as contained in the Export
Administration Act of 1979 (the authority of which is continued
by Executive order) from 2 to 4 years.
Subsection (d) applies the provisions of this section to
any sanctions imposed since January 1, 2003.
SEC. 1423. COMPREHENSIVE UNITED STATES MISSILE PROLIFERATION SANCTIONS
ON ALL RESPONSIBLE PERSONS.
Subsection (a) amends section 73(a) of the Arms Export
Control Act by expanding the applicability of U.S. missile
sanctions to all responsible foreign persons, including
responsible governmental entities that exercise effective
control over, or benefits from, or directly or indirectly
facilitates the activities of a sanctioned foreign person or
persons. This subsection also grants the President the
authority to impose similar sanctions upon any other foreign
entity that seeks to undercut U.S. sanctions by providing items
to the sanctioned foreign person that would be illegal to
provide under U.S. sanctions. This subsection also is
authorized to prohibit any U.S. transaction or dealing with a
sanctioned foreign person. Finally, this subsection requires
the President to annually report to Congress on the activities
of foreign persons on missile transfers that would be illegal
under U.S. law.
Subsection (b) amends section 74(a)(8)(A) of the Arms
Export Control Act to amend the definition of the term
``person,'' adding that any government entity (regardless of
whether it is operating as ``business enterprise,'' as in the
current definition), as well as any subsidiary, subunit, or
parent entity, or transnational corporation or transnational
joint venture, can be defined as a ``person'' and therefore
subject to U.S. missile sanctions.
Subsection (c) makes similar changes and grants similar
authorities under subsections (a) and (b) with regard to the
Export Administration Act.
Subtitle C--Incentives for Missile Threat Reduction
SEC. 1431. FOREIGN ASSISTANCE.
Subsection (a) of this section authorizes the President to
provide Foreign Military Financing, Economic Support Funds, and
Department of Defense drawdown assistance to countries that
agree to destroy their existing Category I missile systems.
Subsection (b) requires Congressional notification for 30 days
before assistance can be provided. Subsection (c) limits any
assistance for 3 fiscal years per country.
SEC. 1432. AUTHORIZATION OF APPROPRIATIONS.
This section authorizes $250 million for assistance
authorized in Section 1431, to be available until expended. The
Committee expects that this assistance will be made available
over a five-year period in $50 million increments per fiscal
year beginning in fiscal year 2004, and will be drawn
principally from the NADR account and unexpended funds related
to KEDO and CTBT.
SEC. 1433. AUTHORIZATION OF TECHNICAL ASSISTANCE IN MISSILE
DISARMAMENT.
This section authorizes the President to provide U.S.
technical assistance for destruction of missiles or production
facility at the request of any country.
This bill responds to the increasing threat of the spread
of ballistic missiles to the United States from the
proliferation of WMD-capable ballistic missiles by
strengthening U.S. sanctions laws; seeks a legally-binding
international instrument against the trade in such missiles;
and establishes a new program of assistance to encourage states
to destroy existing missile programs.
The accelerating spread of missiles capable of delivering
weapons of mass destruction is a matter of grave concern to the
Committee. The Committee is troubled by recent incidents
involving the transfer of such missiles, especially by North
Korea, which the CIA has appropriately identified as a major
source of global missile proliferation. The Committee also
agrees with the Administration that existing international
missile non-proliferation mechanisms are not sufficient to meet
this increasing threat. Therefore, the Committee has set the
U.S. policy goal of creating new international missile
nonproliferation mechanisms to better deal with missile
proliferation, including enforcement measures, such as the
ability to interdict and seize shipments of destabilizing
ballistic missiles around the world.
The Committee believes that existing missile sanctions laws
are too riddled with loopholes to effectively deter foreign
governments from engaging in the destabilizing trade in
offensive ballistic missiles. A non-MTCR-adherent foreign
government that engages a non-governmental entity or
corporation to acquire missiles or missile technology on its
behalf would not be subject to U.S. sanctions, as there is no
requirement in law to sanction any entity other than the
specific entity conducting the prohibited missile-related
transaction. Indeed, current law does not allow foreign
governments to be sanctioned at all, unless the government is
``operating as a business enterprise.'' The result is an absurd
situation in which a non-governmental entity or corporation
could be sanctioned, but not the government that receives,
possesses and operates the missiles themselves.
The value of missile sanctions in U.S. laws lies with their
ability to call public attention to destabilizing ballistic
missile proliferation activity and to institute a cost for
engaging in such proliferation. Loopholes in current law,
however, rob U.S. missile sanctions of much of their power to
raise the cost of proliferation behavior. It is for this reason
that the Committee has acted to close these loopholes, and to
hold all foreign persons connected to and benefitting from the
proliferation of ballistic missiles to account for their
actions.
The Committee believes the increasing spread of ballistic
missiles requires increasing the costs to countries and foreign
entities in engaging in prohibited missile trade. First, the
Committee increases the sanctions period from 2 to 4 years.
Second, when existing sanctions expire, the foreign person is
again eligible for U.S. contracts without any need to
demonstrate changed behavior. Placing such formerly-sanctioned
persons essentially on a ``watch list'' (the Entity List of the
EAR) for 3 years, in addition to increasing the duration of
formal sanctions, places foreign persons and governments on
notice that there is a continuing cost to missile trade through
increased scrutiny of U.S. exports, as well as the continuing
stigma of having trafficked in ballistic missiles.
TITLE XV--EXPORTS OF SATELLITES
SECTION 1501. EXPORT CONTROLS ON SATELLITES AND RELATED ITEMS.
This section would generally leave to the President's
discretion whether the export of commercial communications
satellites and related items to NATO member countries or major
non-NATO allies, should be subject to the export licensing
jurisdiction of the Department of Commerce or the Department of
State. Currently, section 1513 of Public Law 105-261 requires
that satellites and related items be controlled on the United
States Munitions List by the Department of State (under section
38 of the Arms Export Control Act). In the case of exports of
these items to these specific countries, the President would
also be provided with authority to determine the extent to
which the underlying laws should apply, as qualified by
sections 1602-1604. The export of satellites and related items
to all other destinations would remain subject to Department of
State jurisdiction pursuant to section 1513 of Public Law 105-
261 (Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999).
SECTION 1502. MANDATORY REVIEW BY DEPARTMENT OF STATE.
This section requires in subsection (a) that, in the case
of a satellite launch by or from nationals of the People's
Republic of China (PRC), section 38 of the Arms Export Control
Act would always apply to the regulation of certain defense
services (including technical assistance) provided in the
course of technical interchange meetings. This requirement
means that these defense services would remain subject to the
export licensing jurisdiction of the Department of State. In
subsection (b), the President is required to provide advance
certification to Congress prior to the issuance of a license or
technical assistance agreement involving a launch of a
satellite or related item from the PRC, in the manner provided
for in section 36(d) of the Arms Export Control Act, pursuant
to which Congress may enact a resolution of disapproval within
a thirty day period following receipt of the certification, in
which case the license or technical assistance agreement may
not be issued.
SECTION 1503. EXPORT RESTRICTIONS NOT AFFECTED.
This section provides that nothing in sections 1601-1604
may be construed to modify any restriction on exports imposed
under any other provision of law. The discretionary authority
provided to the President relating to licensing jurisdiction
for satellites and related items when exported to NATO members
and major non-NATO allies is limited to the sole matter of
export licensing jurisdiction (i.e., section 1513 of Public Law
105-261); it does not imply any superceding authority with
regard to any other restrictions or prohibitions in United
States law that may be applicable, including the mandatory
national security controls and other requirements set forth in
Public Law 105-261.
SECTION 1504. DEFINITIONS.
This section sets forth definitions for several terms used
in this title, including ``defense services,'' ``related
items,'' and ``United States person.'' Notably, the traditional
definition of ``defense services'' found in the Department of
State's International Traffic in Arms Regulations at section
120.9 (22 CFR 120.9), is generally (except with respect to
matters associated with demilitarization and military training)
applied to ``a satellite or related items'' for purposes of
this title. For all other articles, the definition of ``defense
services'' contained in section 47(7)(B) of the Arms Export
Control Act, as amended by section 1107(d) of this act, remains
unaffected, including defense services related to articles such
as rockets, space launch vehicles and missiles that may be
associated with the launch of a satellite or related item
pursuant to this title.
TITLE XVI--PROMOTION OF DEMOCRACY, HUMAN RIGHTS, AND RULE OF LAW IN
BELARUS
SEC. 1601. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN
BELARUS.
Section 1501 authorizes assistance to bolster democracy-
building activities such as support for non-governmental
organizations, the promotion of free and fair electoral
processes, independent media, and international exchanges.
SEC. 1602. RADIO BROADCASTING TO BELARUS.
This section authorizes additional funds for VOA and RFE/RL
to augment radio broadcasting to the people of Belarus. The
United States strongly supports those struggling to promote
democracy and respect for human rights in Belarus despite the
formidable pressures they face from the anti-democratic regime
of Aleksandr Lukashenka.
SEC. 1603. SENSE OF CONGRESS RELATING TO SANCTIONS AGAINST THE
GOVERNMENT OF BELARUS.
This section recommends the expansion of sanctions against
the Lukashenka regime, denying high-ranking officials of the
regime entry into the United States; prohibiting U.S.
government financing to the Government of Belarus, except
humanitarian goods and agricultural or medical products. The
Committee also recommends that U.S. executive directors of
international financial institutions vote against financial
assistance to the Government of Belarus except for loans and
assistance for humanitarian needs.
SEC. 1604. MULTILATERAL COOPERATION.
This section expresses a sense of Congress that the
President should continue to seek to coordinate with other
countries in the furtherance of the objectives of this title
with regard to the Republic of Belarus.
SEC. 1605. REPORT.
This section requires the President to transmit to
appropriate congressional committees a report concerning the
sale or delivery of weapons or weapons-related technologies
from Belarus to countries that have repeatedly provided support
for acts of international terrorism, including the
identification of the goods, services, credits, or other
consideration received by Belarus in exchange for the weapons
or weapons-related technologies. The report shall also include
a detailed estimate of the personal assets of Aleksandr
Lukashenka and other high-ranking Belarusian officials.
SEC. 1606. DEFINITIONS.
This section provides definitions for terms used in the
title.
The Committee fully endorses United States support for the
promotion of democracy, respect for human rights, and the rule
of law in the Republic of Belarus consistent with its
commitments as a participating State of the Organization for
Security and Cooperation in Europe (OSCE). The United States
has a strong interest in the independence and sovereignty of
the Republic of Belarus and its integration into the European
community of democracies. Unfortunately the last parliamentary
election in Belarus deemed to be free and fair by the
international community was conducted in 1995. Since that time,
though, the authorities and powers of the 13th Supreme Soviet
have been usurped by the regime of Lukashenka. The November
1996 referendum, considered illegal and unconstitutional by the
OSCE, the international community and by pro-democracy
activities in Belarus, led Lukashenda to impose a new
constitution, abolish the duly-elected parliament, the 13th
Supreme Soviet, install a largely powerless National Assembly,
and extend his term of office to 2001. Theparliamentary
elections of October 15, 2000, conducted in the absence of a democratic
election law, were illegitimate, unconstitutional, plagued by violent
human rights abuses committed by the Lukashenka regime, and determined
to be non-democratic by the OSCE. The presidential election of
September 9, 2001, was determined by the OSCE and other observers to be
fundamentally unfair and failed to meet the OSCE commitments for
democratic elections formulated in the 1990 Copenhagen Document and
featured significant and abusive misconduct by the regime.
The Committee is quite concerned that Victor Gonchar,
Anatoly Krasovsky, and Yuri Zakharenka, who have been leaders
and supporters of the democratic forces, and Dmitry Zavadsky, a
journalist known for his critical reporting, have disappeared
and are presumed dead, and former Belarus Government officials
have come forward with credible allegations and evidence that
top officials of the Lukashenka regime were involved in the
disappearances. The regime systematically harasses and
represses members of the democratic opposition, peaceful
demonstrators, the independent media and independent trade
unions, imprisons independent journalists, and actively
suppresses freedom of speech and expression. The Law on
Religious Freedom and Religious Organizations, passed by the
National Assembly and signed by Lukashenka on October 31, 2002,
establishes one of the most repressive legal regimes in the
OSCE region, severely limiting religious freedom and placing
excessively burdensome government controls on religious
practice.
TITLE XVII ISRAELI--PALESTINIAN PEACE ENHANCEMENT ACT OF 2003
SECTION 1701. SHORT TITLE.
This section provides that this title may be cited as the
Israeli-Palestinian Peace Enhancement Act of 2003.
SECTION 1702. FINDINGS.
This section makes a number of findings, to include stating
the importance of the security of the state of Israel to the
national security of the United States and the longstanding
interest that the United States has in seeing two states living
side by side in peace and security; noting that peace can only
be achieved in the Middle East in an atmosphere free of
violence and terrorism; stating the requirement that a change
in Palestinian leadership and a renunciation of terror by that
leadership must precede any other steps towards peace;
describing the relationship of a stable and peaceful
Palestinian state to Israel's security and stating that Israel
should take concrete steps to support the emergence of a viable
Palestinian state; indicating Israel's repeated willingness to
make painful concessions to achieve peace once there is a
partner for peace on the Palestinian side; and citing the
recent appointment of a new Palestinian government and the
denunciation of terror by the new Palestinian Prime Minister.
SECTION 1703. PURPOSES.
The purposes of this title are to express the sense of
Congress with respect to recognition of a Palestinian state by
the United States and to demonstrate that the United States
will provide substantial economic and humanitarian assistance,
as well as, support large-scale multilateral assistance, after
the Palestinians have achieved the reforms outlined by
President Bush in his June 24, 2002 speech and have achieved
peace with Israel.
SECTION 1704. SENSE OF CONGRESS.
This section expresses the sense of Congress that peace
between Israel and the Palestinians cannot be negotiated until
after the Palestinian government has been transformed along the
lines of President Bush's June 24, 2002, speech; after the
Palestinians achieve certain reforms described in the Act and
have made a secure and lasting peace with Israel, substantial
U.S. and international assistance will be needed; the
Palestinian people deserve commendation on the confirmation of
a new Prime Minister and Cabinet; the new Palestinian
administration should urgently take the security-related steps
necessary to allow for implementation of a performance-based
roadmap to resolve the conflict; the U.S. Administration should
work vigorously toward the goal of two states living side-by-
side in peace within secure and internationally-recognized
borders free from threats or acts of force; and 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.
SECTION 1705. RECOGNITION OF A PALESTINIAN STATE.
This section expresses the sense of Congress that the
President should not recognize a Palestinian state until he
determines that a new Palestinian governing entity, not
compromised by terror, has been elected and taken office. In
addition the President should determine that: the newly-elected
governing entity has demonstrated a firm and tangible
commitment to peaceful coexistence with Israel and to ending
anti-Israel incitement; has taken appropriate measures to
counter terrorism and terrorist financing in the West Bank and
Gaza; has established a new security entity that is fully
cooperating with Israeli security organizations; 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 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.
SECTION 1706. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE.
This section amends Chapter 1 of part III of the Foreign
Assistance Act of 1961 by adding a new section 620K.
Section 620K(a) prohibits the provision of assistance to
the government of a Palestinian state unless the President
makes a certification to Congress specified in Section
620K(c)(1) and (2).
According to paragraph (c)(1) the President must certify
that a binding international peace agreement exists between
Israel and the Palestinians that was freely signed by both
parties, 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, provides a permanent resolution
for both Palestinian refugees and Jewish refugees from Arab
countries, and includes a renunciation of all remaining
Palestinian claims against Israel through provisions that
commit both sides to the ``end of the conflict''.
According to paragraph (c)(2), the President must also
certify that the new Palestinian government 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; has completely renounced the use of violence against
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; has dismantled, and terminated the funding
of, any group within its territory that conductsterrorism
against Israel; is engaging in ongoing and extensive security
cooperation with Israel; refrains from any officially sanctioned or
funded statement or act designed to incite Palestinians or others
against Israel and its citizens; has an elected leadership not
compromised by terror; is demilitarized; and has no alliances or
agreements that pose a threat to the security of Israel.
After the initial certification described above, the
President must, 90 days later, re-certify that the conditions
under which he made an initial certification still exist. After
the 90 day re-certification, the President must re-certify
those conditions every 6 months for the ten-year period
beginning on the date of the transmittal of the initial
certification. After the ten-year period has expired, a
certification shall be deemed to be in effect unless the
President subsequently determines that the conditions that
allowed previous certifications are no longer being met and
transmits to Congress a report that contains the reasons that
those conditions no longer exist.
The President may waive the limitation on assistance, that
is, the requirement of a certification under section 620K(a),
if he determines and certifies to the Committee on
International Relations in the House and the Committee on
Foreign Relations in the Senate that it is vital to the
national interest to do so.
In addition, the limitation on assistance does not apply
(a) to humanitarian or development assistance that is provided
through non-governmental organizations for the benefit of the
people of 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 of the certification
discussed above (with respect to paragraph (c)(2) thereof) or
to meet the requirements set out in subparagraphs (A) through
(H) of section 1705(2) of the Israeli-Palestinian Peace
Enhancement Act of 2003. The provisions of those subparagraphs
are summarized in the second sentence of the description of
Section 1705, above.
Assistance provided 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 Committees on International Relations and
Appropriations in the House and the Committees on Foreign
Relations and Appropriations in the Senate in accordance with
the procedures applicable to reprogramming notifications under
section 634(a) of the Foreign Assistance Act of 1961. This
notification requirement shall cease to be effective ten years
after the date on which notice is first provided in accordance
with this section.
SECTION 1707. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE.
This section amends Chapter 1 of part III of the Foreign
Assistance Act of 1961 by adding a new section 620L.
Section 620L authorizes the President to provide assistance
to a Palestinian state. Such assistance 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.
There are authorized to be appropriated to the President such
sums as may be necessary for each fiscal year to carry out
these activities.
Section 620L also requires the Secretary of State, after
the President makes the certification in section 620K(c), to
seek: to convene one or more donors conferences to gain
commitments from other countries, multi-lateral institutions,
and non-governmental organizations to provide economic
assistance to Palestinians; to ensure that such commitments are
honored in a timely manner; to ensure that there is
coordination of assistance among the United States and such
other countries, multi-lateral institutions and non-
governmental organizations; to ensure that the assistance
provided to Palestinians is used for the purposes for which it
was provided; and to ensure that other countries, multi-lateral
institutions and non-governmental organizations do not provide
assistance to Palestinians through entities that are designated
as terrorist organizations under United States law.
The Secretary is required to prepare and submit to the
Committees on International Relations and Appropriations of the
House and the Committees on Foreign Relations and
Appropriations in the Senate, a report that describes the
activities undertaken to meet the requirements set out above,
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. The first
report is due 180 days after enactment of this section, and
annually thereafter.
TITLE XVIII--MISCELLANEOUS FOREIGN ASSISTANCE PROVISIONS
SEC. 1801. ADDITIONAL AUTHORITIES RELATING TO INTERNATIONAL NARCOTICS
CONTROL ASSISTANCE.
This provision ensures that any and all illegal arms
brought into Colombia by aerial means that are in any way
trafficked in connection with the illicit drug trade, are also
clearly eligible for U.S. assistance in interdicting.
SEC. 1802. UNITED STATES OPIUM ERADICATION PROGRAM IN COLOMBIA.
This provision helps ensure the eradication of the very
small but potent opium crop in Colombia (less than 6,000
hectares, versus 150,000 hectares of coca) by requiring the
State Department to train qualified and experienced Colombian
pilots, who are preferably members of the Colombian National
Police (CNP). The State Department should encourage the CNP to
ensure that the police pilots are entitled to career
enhancement for this difficult service.
The local Colombian police anti-drug pilots, versus the
current American provided contractor spray pilots, are more
familiar with the terrain and can help to avoid the reported
problems in the eradication program including problems with the
weather, terrain and failure to locate crops. The Colombian
opium crop must be eliminated at the source, as interdiction is
not sufficient to end the growing heroin crisis in America. New
and revised data show Colombian heroin makes up nearly two-
thirds of the U.S. use, where it previously was erroneously
underestimated at just one-third of the U.S. market. This
provision supports the further Colombianization of the U.S. aid
program.
Nothing in this section shall prohibit the eradication of
opium if these Colombian pilots, preferably members of the
Colombian National Police, are not available after 180 days.
SEC. 1803. COOPERATIVE DEVELOPMENT PROGRAM.
This provision authorizes the continuation of a U.S.-Israel
joint development program by which Israel works in African
countries in conjunction with the U.S. Agency for International
Development. This program furthers U.S. development goals by
providing Israeli development expertise to African countries in
need of such assistance, and enhances Israeli relations with
certain African countries.
SEC. 1804. WEST BANK AND GAZA PROGRAM.
This section requires that prior to obligation of funds to
the West Bank and Gaza, procedures are in place so that the
Comptroller General will have access to financial information
in order to review U.S. assistance to the West Bank and Gaza.
It also requires the Secretary of State to take appropriate
steps to ensure that such assistance is not provided to or
through any individual or entity that the Secretary has reason
to believe has engaged in terrorist activity. It also requires
an annual independent audit of the contractors and grantees.
Language similar to this provision is now carried in the
relevant Appropriations Act.
SEC. 1805. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON INCITEMENT TO ACTS OF
DISCRIMINATION.
This section amends the Foreign Assistance Act to require
the Department of State to add a separate section with separate
heading to the annual Country Reports on Human Rights
Practices. This newly-required section will describe the nature
and extent of propaganda in government-controlled media and
other sources including educational materials and textbooks
that attempt to justify or promote racial hatred or violence
against any race or people.
SEC. 1806. ASSISTANCE TO EAST TIMOR.
This section authorizes $25 million for each of the fiscal
years 2003, 2004, and 2005 for the United States Agency for
International Development in East Timor. The Committee notes
that East Timor has a maternal mortality rate ten times higher
than any other country in Southeast Asia or the Pacific region
and less than one-quarter of Timorese women are able to access
health services or midwives according to the World Health
Organization. The literacy rate is only 43% according to the
2002 UNDP National Human Development Report. While noting
USAID's important work in democratic development, the Committee
encourages greater emphasis in the area of economic assistance
for East Timor that addresses basic services, in particular,
the Committee supports significant assistance to be directed
toward public education at primary and secondary school levels
and vocational education; a national health care system that
ensures access to basic health care services for East Timor's
population regardless of income; job training and creation;
poverty eradication; agricultural sector development aimed at
food security; and development of local water sources. The
Committee further encourages judicial sector development,
including provision and training of court reporters,
interpreters and translators, as well as training, support
services, and resources for judges and defense counsel, and
other assistance aimed at capacity building.
SEC. 1807. SUPPORT FOR DEMOCRACY BUILDING EFFORTS FOR CUBA.
This section authorizes $15 million for each of the fiscal
years 2004 and 2005 to support democracy programs in Cuba.
Support for the Cuban people is a pillar of the U.S.
Government's two-prong strategy toward the Cuban dictatorship.
This provision authorizes an increase in funding of programs
aimed to promote and assist the pro-democracy efforts of Cuba's
dissidents and internal opposition. These funds are designated
solely for Cuba-related programs and should not be diverted.
SEC. 1808. AMENDMENT TO THE AFGHANISTAN FREEDOM SUPPORT ACT OF 2002.
This provision amends the Afghanistan Freedom Support Act
of 2002 to provide that assistance to Afghanistan pursuant to
that Act may be provided notwithstanding any provision of law.
Although most restrictions are no longer applicable because of
the change of government in Kabul, certain restrictions
generally applicable continue to apply that are inhibiting U.S.
assistance efforts, and this amendment will enhance U.S.
efforts in that country in transition.
SEC. 1809. CONGO BASIN FOREST PARTNERSHIP.
This section authorizes $18.6 million for each of the
fiscal years 2004 and 2005 for the Congo Basin Forest
Partnership (CBFP) program. The Subcommittee on Africa
conducted an oversight hearing (March 11, 2003) to review the
CBFP, which Secretary of State Colin Powell unveiled in
September 2002 in Gabon. The tropical forests of the Congo
Basin are vital to the economic livelihood of the people of
this Central Africa region. Congo Basin forests play a crucial
role in sustaining the environment--absorbing carbon dioxide,
cleansing water, and retaining soil. They are also rapidly
depleting. This program will help protect 25,000,000 key acres
of landscape against poorly managed and non-managed logging.
This will relieve hunting pressure that is threatening the
existence of several species. The U.S. has a direct interest in
the environmental health of this region, reversing current
deforestation and wildlife depletion rates. Of the total for
each year, $16,000,000 is authorized for the Central Africa
Regional Program for the Environment, administered through the
United States Agency for International Development. The
Committee recognizes with approval that the CBFP is an
international effort, receiving financial support from non-
African governments, the European Commission, the International
Bank for Reconstruction and Development, and non-governmental
organizations. The CBFP is an impressive and innovative
approach to conservation in this environmentally at risk
region.
SEC. 1810. COMBATING THE PIRACY OF UNITED STATES COPYRIGHTED MATERIALS.
This section authorizes $10 million for the Department of
State for purposes of providing direct assistance to non-OECD
countries to combat piracy of U.S. copyrighted works.
Specifically, it authorizes the Department to provide equipment
and training to foreign law enforcement, judges and prosecutors
and assistance in complying with its obligations under
appropriate international copyright and intellectual property
treaties and agreements such as the Berne Convention and the
World Trade Organization's Agreement on Trade Related Aspects
of Intellectual Property Rights (TRIPs).
The Committee is concerned about the increasing global
problem of piracy and counterfeiting of intellectual property
and the need to take additional measures to combat the
misappropriation of the single largest sector of the American
economy. The value of our intellectual property exports now
exceeds five (5) percent of the gross domestic product.
Intellectual property crimes cost hundreds of billions of
dollars globally each year.
The Chief of the Intellectual Property and Competition
Policy Division, in consultation with the Chief of the Office
of Anti-Crime Programs, Organized Crime Division, Bureau for
International Narcotics and Law Enforcement Affairs, Department
of State, shall determine the expenditure of funds authorized
under this section.
The Department shall develop a process and timetable by
which the principal diplomatic officer to a country identified
under the United States Trade Representative's ``Priority Watch
List'' shall prepare a comprehensive plan recommending steps
that the United States should take to address the intellectual
property enforcement-related deficiencies noted in the United
States Trade Representative's ``Special 301 Report.'' Countries
not identified on the ``Priority Watch List'' may also submit
plans and request funds as outlined in this section, but
requests in connection with countries identified on the
``Priority Watch List'' shall take precedence.
The Department should make every effort to consult with,
and provide assistance to, the WorldIntellectual Property
Organization for the purpose of promoting the integration of non-OECD
countries into the global intellectual property system.
SEC. 1811. ASSISTANCE FOR LAW ENFORCEMENT FORCES IN CERTAIN FOREIGN
COUNTRIES.
This section authorizes the Administrator of the United
States Agency for International Development (USAID) to provide
assistance to law enforcement agencies in the Government of
India, Northern Ireland, and the Republic of Ireland. USAID
will be able to assist India in disaster management and
response, access to justice for women, and trafficking of
persons.
The Committee believes that the authorities granted to
USAID through this section are necessary for the following
reasons. First, India is one of the most disaster-prone
countries in South Asia. Virtually every year, large segments
of the population suffer from losses related to recurring
events such as heavy rains, landslides, flooding, and drought.
To enhance its disaster management and response ability, the
Government of India (GOI) has requested USAID assistance to
develop local capacity for medical-first-response and search-
and-rescue battalions of the Central Industrial Security Force
(CISF) and the Indo-Tibetan Border Police (ITBP), which are the
GOI's key service providers in the event of a natural disaster.
However, because both CISF and ITBP are law enforcement
agencies, USAID is unable to help them without the
authorization provided by this section.
Second, despite extensive constitutional and statutory
safeguards, large sections of the Indian polity remain
disadvantaged in their quest for equitable treatment under the
civil and criminal judicial systems. Discrimination against
women remains entrenched in India. Women face serious obstacles
in protecting their rights. To address these critical problems,
USAID should provide assistance to improve Indian women's
access to justice. Assistance in this area cannot be fully
successful without working with law enforcement entities.
Finally, India is a significant source for internally
trafficked women and children. The criminal nature of
trafficking makes it essential to work with law enforcement
agencies. This section extends the authority provided in the
Omnibus Appropriations Act for fiscal year 2003 to fiscal years
2004 and 2005.
The provision relating to the Republic of Ireland and
Northern Ireland police force will allow AID to provide
computer-based, human rights and other professional training to
the Police Service of Northern Ireland and also to provide
training to the Garda Siochana for the purposes of fostering
greater cooperation and communication between the two police
forces as recommended by the Patten Commission.
The provision regarding police training in Northern Ireland
shall be administered where practicable consistent with the
established vetting procedures for provision of training by US
law enforcement entities as established in Section 504 of P.L.
106-113, ``Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act'' which stipulated that certain
minimum human rights standards must be met before US support is
provided to any entity working with policing in Northern
Ireland.
In particular section 405(c)(1)(C) of that Act established
a vetting procedure to exclude from training Northern Ireland
police officers ``who there are substantial grounds for
believing have committed or condoned violations of
internationally recognized human rights, including any role in
the murder of Patrick Finucane or Rosemary Nelson or other
violence or serious threat of violence against defense
attorneys in Northern Ireland.''
SEC. 1812. HUMAN RIGHTS AND DEMOCRACY FUND.
This section extends the authorization for the Human Rights
and Democracy Fund, which is administered by the Bureau ofHuman
Rights, Democracy and Labor at the United States Department of State,
for each of the fiscal years 2003 through 2005. It grants authority to
provide $21,500,000 in fiscal year 2003; $24,000,000 in fiscal year
2004 and such sums as may be necessary in fiscal year 2005 to the Fund.
SEC. 1813. ENHANCED POLICE TRAINING.
The section provides for a limited, ``democratic policing''
exception to the general prohibition under section 660 of the
Foreign Assistance Act of 1961 regarding police assistance to
foreign countries. The section authorizes the United States to
assist foreign law enforcement agencies for the purposes of
improving their performance on such things as human rights, the
rule of law, anti-corruption, combating the trafficking of
persons, particularly by organized crime, counter-narcotics,
and community relations.
To the extent that assistance is provided for the purpose
of strategic planning, it should be provided only for the
purpose of reforming, restructuring, and building the
institutional capacity of law enforcement agencies so that they
are better able to safeguard human rights, promote the rule of
law, and combat corruption and the trafficking of persons in
their respective countries. Assistance provided to prevent
conflict should be provided only for the purpose of mitigating
violence associated with common crime, such as gang violence
associated with narcotics trafficking.
The provision is a natural outgrowth of the existing
exemption that permits police assistance for most of these
purposes in post-conflict situations (section 660(b)(6)),
reflects language adopted in appropriations bills from previous
fiscal years, and responds to a recent GAO study that found
that the current section 660 restrictions were constraining the
USG's ability, working through NGOs, to consolidate democracy
not only in Central America and the Andean region but also
worldwide.
The Committee believes that assistance under this section
should be provided to countries with democratically elected
governments under civilian control with a commitment to
preventing human rights abuses by their police forces and as
part of a broader development strategy to enhance democratic
governance, maximize the involvement of civil society in
decision-making at the national, regional, and local levels,
strengthen human rights, and increase the accountability and
transparency of government agencies, including law enforcement
entities, to the communities which they serve. Assistance
provided under this section should be fully transparent and
include mechanisms to encourage continued, cooperative contact
with recipients of training.
SEC. 1814. PROMOTING A SECURE AND DEMOCRATIC AFGHANISTAN.
The Congress made it clear in the Afghanistan Freedom
Support Act of 2002, that the United States is committed to a
free, educated, and developed Afghanistan that serves as a
model for democracy and participation for other countries,
especially those in the Muslim world. Unfortunately,
Afghanistan today still balances on the precipice between, on
the one hand, security and reconstruction and, on the other, a
return to unrest and chaos.
The United States has declared that ``major combat
operations'' in Afghanistan are over, and its attention will
now shift to reconstruction and stability operations. However,
the Committee believes that the current security situation
prevents many important reconstruction efforts from gaining
traction. The entire Bonn Process and its hope for democratic
and peaceful representative institutions is seriously
threatened by a deteriorating security environment, and current
efforts by the United States and others in the world community
to promote greater security are inadequate.
Basic security is still lacking in cities and towns, and
along the key highways that are critical to the development of
Afghanistan. Afghans remain under serious threat from
terrorism, insurgency, widespread crime, banditry,
intimidation, rape, suppression of minorities and women, and
other grave violations of human rights that continue to occur,
especially in areas that do not have a routine presence of
United States or international security personnel. In March and
April of this year, there have been approximately twenty
attacks on United States and Afghan military forces and
civilians and on international relief workers. According to
USAID's Inspector General, AID staff are nearly captives in
their own compounds, able to venture out into the countryside
for brief periods and only under heavy armed escort. Non-
governmental organization aid workers have no such protection.
Taliban and al-Qaeda terrorists are deliberately targeting US
and foreign civilian aid workers to drive them from the country
and reverse Afghanistan's transformation.
The Committee notes that the training of an Afghan National
Army is seriously behind schedule and that it will not be fully
capable for years. Disarmament and reintegration of militias
and irregulars has not begun. Police training, which will be
carried on by Germany, has not yet had a serious impact; in
many areas militia or police (although not the police who have
been trained by the Germans) have been implicated in home
invasions and other serious crimes.
There has been no indication that the International
Security Assistance Force, soon to be taken over by NATO, will
increase in size or capability, or operate outside of Kabul.
Even in Kabul, security has been reported to be shaky, and
intimidation of Afghani politicians and journalists, including
in Kabul, has been reported. The establishment of Provincial
Reconstruction Teams, as presently constituted, in and of
themselves, will not substitute for more vigorous efforts.
The Committee firmly believes that unless we address these
security gaps promptly, Afghanistan could slide back into chaos
and again become a haven for global terrorists.
Subsection (b) directs the President (1) to take immediate
steps to ensure that there is more security for reconstruction,
including along major highways, to stop banditry, illegal
checkpoints, human rights abuses, and intimidation, and (2) to
take immediate steps to support the disarmament of Afghan
militias and irregulars.
Subsection (c) states the sense of Congress that the
President should significantly expand the International
Security Assistance Force, as was endorsed a ``sense of
Congress'' provision in the Afghanistan Freedom Support Act, or
should take such other steps, such as increasing the number and
force levels of U.S. Provincial Reconstruction Teams, to
promote security across wider areas.
SEC. 1815. GRANTS TO THE AFRICA SOCIETY.
The section authorizes $1 million to the Africa Society to
carry out programs and activities that advance United States
core values and interests in Africa through public and private
partnerships to facilitate the continent's political transition
to democratic societies, support economic development through
trade and investment, encourage the development of African
civil society, and promote awareness of all Americans about
Africa.
ADDITIONAL VIEWS OF REPRESENTATIVE TOM LANTOS
The Committee and the Congress spoke loudly and clearly in
the Afghanistan Freedom Support Act of 2002 that the United
States is committed to an Afghanistan that is dedicated to the
liberty, literacy, and enrichment of its citizens, and serves
as a model for democracy and participation for other countries,
especially those in the Muslim world. Unfortunately,
Afghanistan today still balances on the precipice between
security and reconstruction, and a return to unrest and chaos.
The United States has declared that the ``combat phase'' of
the war in Afghanistan is over, and its attention will now
shift to reconstruction and stability operations. However, the
security situation does not permit any significant
reconstruction efforts to gain traction. The entire Bonn
Process and its hope for democratic and peaceful representative
institutions is seriously threatened by a deteriorating
security environment, and current U.S. efforts to promote
greater security are inadequate.
Basic security is still lacking in the major cities and
along key highways that are critical to the development of
Afghanistan. Afghans remain under serious threat from
terrorism, insurgency, widespread crime, banditry,
intimidation, rape, suppression of minorities and women, and
other grave violations of human rights that continue to occur,
especially in areas that do not have a routine presence of U.S.
or international security personnel. In March and April of this
year, there have been approximately twenty attacks on US and
Afghan military forces and civilians as well as on
international relief workers. According to USAID's Inspector
General, AID staff are nearly captives in their own compounds,
able to venture out into the countryside for brief periods and
only under heavy armed escort. NGO aid workers have no such
protection. Taliban and al-Qaeda terrorists are deliberately
targeting US and foreign civilian aid workers to drive them
from the country and stop Afghanistan's transformation.
Training of an Afghan National Army is seriously behind
schedule and will not be at full strength for several years.
Police training is almost non-existent. Disarmament and
reintegration of militias and irregulars has not even begun.
The International Security Assistance Force, soon to be taken
over by NATO, will not increase in size or capability, nor
operate outside of Kabul.
The Administration's response to this security vacuum has
been to tout its lightly-armed, platoon-sized ``Provincial
Reconstruction Teams'' to bring order to small areas in major
cities, and to promise to pursue terrorists and bandits. This
is well-intentioned but completely inadequate. Pursuit of
terrorists after they have terrorized does little to encourage
aid workers and investors to risk their personal and financial
safety to rebuild Afghanistan: ``we will avenge you'' is not so
reassuring as ``we will protect you.''
Unless we address these security gaps immediately,
Afghanistan could slide back into chaos and again become a
haven for global terrorists.
Tom Lantos.