[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1950 Placed on Calendar Senate (PCS)]
Calendar No. 211
108th CONGRESS
1st Session
H. R. 1950
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 17, 2003
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To establish the Millennium Challenge Account to provide increased
support for certain developing countries; to authorize the expansion of
the Peace Corps; to authorize appropriations for the Department of
State for 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Millennium Challenge Account, Peace
Corps Expansion, and Foreign Relations Authorization Act of 2003''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Organization of Act Into Divisions.--This Act is organized into
five divisions as follows:
(1) Division a.--Millennium Challenge Account Act of 2003.
(2) Division b.--Peace Corps Expansion Act of 2003.
(3) Division c.--Department of State Authorization Act,
Fiscal Years 2004 and 2005.
(4) Division d.--Defense Trade and Security Assistance
Reform Act of 2003.
(5) Division e.--Assistance for Viet Nam.
(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.
Sec. 4. Special rules for applying Buy American Act.
DIVISION A--MILLENNIUM CHALLENGE ACCOUNT
TITLE I--GENERAL PROVISIONS
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Sunset.
TITLE II--MILLENNIUM CHALLENGE ASSISTANCE
Sec. 201. Findings; statement of policy.
Sec. 202. Authorization of assistance.
Sec. 203. Eligibility and related requirements.
Sec. 204. Millennium Challenge Compact.
Sec. 205. Suspension and termination of assistance.
Sec. 206. Annual report.
Sec. 207. Participation of certain United States businesses.
Sec. 208. Authorization of appropriations; related authorities.
TITLE III--MILLENNIUM CHALLENGE CORPORATION
Sec. 301. Millennium Challenge Corporation.
Sec. 302. Chief Executive Officer.
Sec. 303. Board of Directors.
Sec. 304. Interagency coordination.
Sec. 305. Powers of the corporation; related provisions.
Sec. 306. Transparency and accountability of the corporation.
Sec. 307. Detail of personnel to the corporation; other authorities and
limitations.
Sec. 308. Millennium Challenge Advisory Council.
Sec. 309. Millennium Challenge Seed Grants.
Sec. 310. Clarification of role of USAID.
TITLE IV--PROVISIONS RELATING TO UNITED STATES ECONOMIC ASSISTANCE
Sec. 401. Definition.
Sec. 402. Framework for assistance.
Sec. 403. Report relating to impact and effectiveness of assistance.
DIVISION B--REAUTHORIZATION AND EXPANSION OF THE PEACE CORPS
TITLE X--GENERAL PROVISIONS
Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Findings.
TITLE XI--AMENDMENTS TO PEACE CORPS ACT; RELATED PROVISIONS
Sec. 1101. Advancing the goals of the Peace Corps.
Sec. 1102. Reports and consultations.
Sec. 1103. Special volunteer recruitment and placement for certain
countries.
Sec. 1104. Global infectious diseases initiative; coordination of HIV/
AIDS activities.
Sec. 1105. Peace Corps National Advisory Council.
Sec. 1106. Readjustment allowances.
Sec. 1107. Programs and projects of returned Peace Corps volunteers and
former staff.
Sec. 1108. Declaration of policy.
Sec. 1109. Peace Corps in Sierra Leone.
Sec. 1110. Authorization of appropriations.
DIVISION C--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEARS 2004
AND 2005
Sec. 101. Short title.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
Sec. 111. Administration of foreign affairs.
Sec. 112. United States educational and cultural programs.
Sec. 113. Contributions to international organizations.
Sec. 114. International commissions.
Sec. 115. Migration and refugee assistance.
Sec. 116. Voluntary contributions to international organizations.
Sec. 117. Voluntary contributions for international peacekeeping
activities.
Sec. 118. Grants to the Asia Foundation.
Subtitle B--United States International Broadcasting Activities
Sec. 121. Authorizations of appropriations.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--United States Public Diplomacy
Sec. 201. Findings and purposes.
Sec. 202. Public diplomacy responsibilities of the Department of State.
Sec. 203. Annual plan on public diplomacy strategy.
Sec. 204. Public diplomacy training.
Sec. 205. United States Advisory Commission on Public Diplomacy.
Sec. 206. Library program.
Sec. 207. Sense of Congress concerning public diplomacy efforts in sub-
Saharan Africa.
Subtitle B--Basic Authorities and Activities
Sec. 221. United States policy with respect to Jerusalem as the capital
of Israel.
Sec. 222. Modification of reporting requirements.
Sec. 223. Report concerning efforts to promote Israel's diplomatic
relations with other countries.
Sec. 224. Reimbursement rate for certain airlift services provided by
the Department of Defense to the Department
of State.
Sec. 225. Sense of Congress regarding additional United States consular
posts.
Sec. 226. Validity of United States passports for travel to countries
receiving United States foreign assistance.
Sec. 227. GAO assessment of security capital cost sharing.
Sec. 228. Authority to issue administrative subpoenas.
Sec. 229. Enhancing refugee resettlement and maintaining the United
States commitment to refugees.
Sec. 230. The Colin Powell Center for American Diplomacy.
Sec. 231. Interference with protective functions.
Sec. 232. Issuance of consular identification cards by foreign
missions.
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.
Sec. 274. Allocation of resources for embassies and consulates.
Sec. 275. Notice to United States embassies abroad regarding children
who are the subject of international child
abduction and guidelines relating to
sanctuary for such children.
Sec. 276. Inadmissibility of aliens supporting international child
abductors and relatives of such abductors.
Sec. 277. Architectural integrity of United States embassies,
consulates, and other diplomatic buildings.
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.
Sec. 311. Treatment of territories and possessions as part of the
geographic United States for purposes of
transfer allowances.
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.
Sec. 507. Contractor requirements.
Subtitle B--Global Internet Freedom
Sec. 521. Short title.
Sec. 522. Findings.
Sec. 523. Purposes.
Sec. 524. Development and deployment of technologies to defeat Internet
jamming and censorship.
Subtitle C--Reorganization of United States International Broadcasting
Sec. 531. Establishment of United States International Broadcasting
Agency.
Sec. 532. Authorities and functions of the agency.
Sec. 533. Role of the Secretary of State.
Sec. 534. Administrative provisions.
Sec. 535. Broadcasting Board of Governors and International
Broadcasting Bureau.
Sec. 536. Transition.
Sec. 537. Conforming amendments.
Sec. 538. References.
Sec. 539. Broadcasting standards.
Sec. 540. Effective date.
TITLE VI--INTERNATIONAL FREE MEDIA ACT OF 2003
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Findings.
Sec. 604. Statements of policy.
Sec. 605. Coordinator for International Free Media.
Sec. 606. United States Advisory Commission on Public Diplomacy and
International Media.
Sec. 607. International Free Media Fund.
Sec. 608. Free media promotion activity of the Broadcasting Board of
Governors.
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--Reporting Requirements
Sec. 701. Reports to Committee on International Relations.
Sec. 702. Reports concerning the capture and prosecution of
paramilitary and other terrorist leaders in
Colombia.
Sec. 703. Reports relating to Magen David Adom Society.
Sec. 704. Report concerning the return of portraits of Holocaust
victims to the artist Dina Babbitt.
Sec. 705. Report to Congress on use of vested assets.
Sec. 706. Report concerning the conflict in Uganda.
Sec. 707. Requirement for report on United States policy toward Haiti.
Sec. 708. Report on the effects of Plan Colombia on Ecuador.
Sec. 709. Report on actions taken by Pakistan.
Sec. 710. Report on democracy in the Western Hemisphere.
Sec. 711. Report concerning internal and intra-regional conflicts in
the Great Lakes region of Africa.
Sec. 712. Report concerning observer status for Taiwan at the summit of
the World Health Assembly.
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 regarding migration issues between the
United States and Mexico.
Sec. 731. Sense of Congress concerning United States assistance to
Palestinian refugees.
Sec. 732. United States policy on World Bank Group loans to Iran.
Sec. 733. Sense of Congress relating to Soviet nuclear tests in
Kazakhstan.
Sec. 734. Sense of Congress relating to violence against women.
Sec. 735. Sense of Congress concerning the timely issuance of visas for
Russian weapons scientists involved in arms
control and nonproliferation exchanges with
the United States.
Sec. 736. Designation of foreign terrorist organizations.
Sec. 737. Sense of Congress relating to regarding security for Taiwan.
Sec. 738. Sense of Congress in appreciation of the Armed Forces of the
United States and regarding restoring
stability and security in Iraq.
Sec. 739. Attacks on United States citizens by Palestinian terrorists.
Sec. 740. Sense of Congress and report concerning Wastewater Treatment
and the International Boundary and Water
Commission, United States and Mexico.
Sec. 741. Sense of Congress regarding allocation of resources for the
Department of State as the central
authority for the United States under the
Hague Convention on intercountry adoption.
Sec. 742. Transfer of Vietnam-era Cessna L-19D Bird Dog aircraft to
Army Aviation Heritage Foundation.
Sec. 743. Statement of policy relating to democracy in Iran.
Sec. 744. Sense of Congress regarding the extradition of violent
criminals from Mexico to the United States.
DIVISION D--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.
Sec. 1313. Condition on the provision of certain funds to Indonesia.
Subtitle C--Assistance for Select Countries
Sec. 1321. Assistance for Israel.
Sec. 1322. Assistance for Egypt.
Subtitle D--Miscellaneous Provisions
Sec. 1331. United States War Reserve Stockpiles for Allies.
Sec. 1332. Transfer to Israel of certain defense articles in the United
States War Reserve Stockpiles for Allies.
Sec. 1333. Expansion of authorities for loan of material, supplies, and
equipment for research and development
purposes.
Sec. 1334. Assistance for demining and related activities.
Sec. 1335. Reports relating to Treaty Between the United States and the
Russian Federation on Strategic Offensive
Reductions.
Sec. 1336. Statement of House of Representatives regarding the Treaty
Between the United States and the Russian
Federation on Strategic Offensive
Reductions.
Sec. 1337. Nonproliferation and Disarmament Fund.
Sec. 1338. Maritime interdiction patrol boats for Mozambique.
Sec. 1339. Report on missile defense cooperation.
Sec. 1340. Iran's program to develop a nuclear explosive device.
TITLE XIV--MISSILE THREAT REDUCTION ACT OF 2003
Sec. 1401. Short title.
Subtitle A--Strengthening International Missile Nonproliferation Law
Sec. 1411. Findings.
Sec. 1412. Policy of the United States.
Sec. 1413. Sense of Congress.
Subtitle B--Strengthening United States Missile Nonproliferation Law
Sec. 1421. Probationary period for foreign persons.
Sec. 1422. Strengthening United States missile proliferation sanctions
on foreign persons.
Sec. 1423. Comprehensive United States missile proliferation sanctions
on all responsible persons.
Subtitle C--Incentives for Missile Threat Reduction
Sec. 1431. Foreign assistance.
Sec. 1432. Authorization of appropriations.
Sec. 1433. Authorization of technical assistance in missile
disarmament.
TITLE XV--PROMOTION OF DEMOCRACY, HUMAN RIGHTS, AND RULE OF LAW IN
BELARUS
Sec. 1501. Assistance to promote democracy and civil society in
Belarus.
Sec. 1502. Radio broadcasting to Belarus.
Sec. 1503. Sense of Congress relating to sanctions against the
Government of Belarus.
Sec. 1504. Multilateral cooperation.
Sec. 1505. Report.
Sec. 1506. Definitions.
TITLE XVI--ISRAELI-PALESTINIAN PEACE ENHANCEMENT ACT OF 2003
Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Purposes.
Sec. 1604. Sense of Congress.
Sec. 1605. Recognition of a Palestinian state.
Sec. 1606. Limitation on assistance to a Palestinian state.
Sec. 1607. Authorization of assistance to a Palestinian state.
TITLE XVII--ACCESS FOR AFGHAN WOMEN
Sec. 1701. Short title.
Sec. 1702. Findings.
Sec. 1703. Establishment of Afghan Women's Fund.
Sec. 1704. Assistance to Afghanistan.
Sec. 1705. Requirements relating to United States activities in
Afghanistan.
Sec. 1706. Reporting requirements.
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. 1816. Assistance to Tamil Nadu
Sec. 1817. Transfer of naval vessels to certain foreign countries.
Sec. 1818. Assistance to combat HIV/AIDS in certain countries of the
Caribbean region.
Sec. 1819. Report on progress made in modifying the Enhanced HIPC
Initiative.
DIVISION E--ASSISTANCE FOR VIET NAM
TITLE XX--CONDITIONS ON INCREASED NONHUMANITARIAN ASSISTANCE TO THE
GOVERNMENT OF VIET NAM
Sec. 2001. Bilateral nonhumanitarian assistance.
TITLE XXI--ASSISTANCE TO SUPPORT HUMAN RIGHTS AND DEMOCRACY IN VIET NAM
Sec. 2101. Assistance.
TITLE XXII--UNITED STATES PUBLIC DIPLOMACY
Sec. 2201. Radio Free Asia transmissions to Viet Nam.
Sec. 2202. United States educational and cultural exchange programs
with Viet Nam.
TITLE XXIII--UNITED STATES REFUGEE POLICY
Sec. 2301. Refugee resettlement for nationals of Viet Nam.
TITLE XIV--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM AND DEMOCRACY IN
VIET NAM
Sec. 2401. Annual report.
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.
SEC. 4. SPECIAL RULES FOR APPLYING BUY AMERICAN ACT.
(a) Acquisitions of Articles, Materials, and Supplies.--With
respect to any acquisition under this Act or any amendment made by this
Act of articles, materials, or supplies that are subject to section 2
of the Buy American Act (41 U.S.C. 10a), such section shall be applied
to such acquisition by substituting ``at least 65 percent'' for
``substantially all''; or
(b) Contracts for Construction, Alternation, or Repair.--With
respect to any contract for the construction, alteration, or repair of
any public building or public work entered into under this Act or any
amendment made by this Act that is subject to section 3 of the Buy
American Act (41 U.S.C. 10b), such section shall be applied to such
contract by substituting ``at least 65 percent'' for ``substantially
all''.
DIVISION A--MILLENNIUM CHALLENGE ACCOUNT
TITLE I--GENERAL PROVISIONS
SEC. 101. SHORT TITLE.
This division may be cited as the ``Millennium Challenge Account
Act of 2003''.
SEC. 102. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Board.--The term ``Board'' means the Board of Directors
of the Corporation established pursuant to section 303 of this
Act.
(3) Compact.--The term ``Compact'' means the Millennium
Challenge Compact described in section 204 of this Act.
(4) Corporation.--The term ``Corporation'' means the
Millennium Challenge Corporation established under section 301
of this Act.
(5) Council.--The term ``Council'' means the Millennium
Challenge Advisory Council established under section 308 of
this Act.
(6) Millennium development goals.--The term ``Millennium
Development Goals'' means the key development objectives
described in the United Nations Millennium Declaration, as
contained in United Nations General Assembly Resolution 55/2
(September 2000), which aim to eradicate extreme poverty and
hunger, achieve universal primary education, promote gender
equality and empower women, reduce child mortality, improve
maternal health, combat HIV/AIDS, malaria, and other infectious
diseases, ensure environmental sustainability, and develop a
global partnership for development.
SEC. 103. SUNSET.
All authorities under this division (other than title IV) shall
terminate on October 1, 2007.
TITLE II--MILLENNIUM CHALLENGE ASSISTANCE
SEC. 201. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) A principal objective of United States foreign
assistance programs, as stated in section 101 of the Foreign
Assistance Act of 1961, is the ``encouragement and sustained
support of the people of developing countries in their efforts
to acquire the knowledge and resources essential to development
and to build the economic, political, and social institutions
which will improve the quality of their lives''.
(2) The expanding acceptance of free trade and open markets
and the spread of democracy and the rule of law have brought a
better way of life to an increasing number of people in the
world.
(3) Inequalities between men and women undermine
development and poverty-reduction efforts in fundamental ways.
A woman's limited access to resources and restrictions on the
exercise of her rights, including the right to participate in
social and political processes, disables her from maximizing
her contribution to her family's health, education, and general
well-being.
(4) On March 14, 2002, the President noted the successes of
development assistance programs: ``The advances of free markets
and trade and democracy and rule of law have brought prosperity
to an ever-widening circle of people in this world. During our
lifetime, per capita income in the poorest countries has nearly
doubled. Illiteracy has been cut by one-third, giving more
children a chance to learn. Infant mortality has been almost
halved, giving more children a chance to live.''.
(5) Development is neither an easy process nor a linear
one. There are successes and there are failures. Today, too
many people are still living in poverty, disease has eroded
many of the economic and social gains of previous decades, and
many countries have not adopted policies, for a variety of
reasons, that would enable them to compete in an open and
equitable international economic system.
(6) More countries and more people will be able to
participate in and benefit from the opportunities afforded by
the global economy if the following conditions for sound and
sustainable economic development are met:
(A) Security.--Security is necessary for economic
development. Persistent poverty and oppression can lead
to hopelessness, despair, and to failed states that
become havens for terrorists.
(B) Policies that support broad-based economic
growth.--Successful long-term development can only
occur through broad-based economic growth that enables
the poor to increase their incomes and have access to
productive resources and services so that they can lead
lives of decency, dignity, and hope.
(C) Democracy and the rule of law.--Democratic
development, political pluralism, and respect for
internationally recognized human rights are
intrinsically linked to economic and social progress.
The ability of people to participate in the economic
and political processes affecting their lives is
essential to sustained growth. The rule of law and a
commitment to fight corruption is also critical to the
development of a prosperous society.
(D) Investments in people.--Economic growth and
democracy can be sustained only if both men and women
have the basic tools and capabilities that foster the
opportunity for participation in the economic, social,
and political life of their countries. Successful
development of countries requires citizens who are
literate, healthy, and prepared and able to work.
(7) Economic assistance programs authorized under part I of
the Foreign Assistance Act of 1961, as administered by the
United States Agency for International Development and other
Federal agencies, are of critical importance in assisting
countries to be in a position to maximize the effectiveness of
assistance authorized by this title.
(8) It is in the national interest of the United States to
help those countries that are implementing the economic and
political reforms necessary for development to occur.
(9) On March 14, 2002, the President stated that the
``growing divide between wealth and poverty, between
opportunity and misery, is both a challenge to our compassion
and a source of instability . . . [w]e must confront it . . .
[w]e must include every African, every Asian, every Latin
American, every Muslim, in an expanding circle of
development.''.
(10) The President has pledged that funds requested for the
Millennium Challenge Account shall be in addition to, and not a
substitute for, existing development and humanitarian programs.
(11) Development assistance alone is not sufficient to
stimulate economic growth and development. Assistance has been
shown to have a positive impact on growth and development in
developing countries with sound policies and institutions. If
countries have poor policies and institutions, however, it is
highly unlikely that assistance will have a net positive
effect.
(12) Economic development, and the achievement of the
Millennium Development Goals, must be a shared responsibility
between donor and recipient countries.
(b) Statement of Policy Regarding a New Compact for Global
Development.--It is, therefore, the policy of the United States to
support a new compact for global development that--
(1) increases support by donor countries to those
developing countries that are fostering democracy and the rule
of law, investing in their people, and promoting economic
freedom for all their people;
(2) recognizes, however, that it is the developing
countries themselves that are primarily responsible for the
achievement of those goals;
(3) seeks to coordinate the disparate development
assistance policies of donor countries, and to harmonize the
trade and finance policies of donor countries with their
respective development assistance programs; and
(4) aims to reduce poverty by significantly increasing the
economic growth trajectory of beneficiary countries through
investing in the productive potential of the people of such
countries.
SEC. 202. AUTHORIZATION OF ASSISTANCE.
(a) Assistance.--The President, acting through the Chief Executive
Officer of the Millennium Challenge Corporation, is authorized to
provide assistance to eligible countries to support policies and
programs that advance the progress of such countries in achieving
lasting economic growth and poverty reduction and are in furtherance of
the purposes of this title.
(b) Principal Objectives.--Assistance provided under subsection (a)
should advance a country's progress toward promoting the following
principal objectives:
(1) Fostering democratic societies, human rights, and the
rule of law.--The assistance should promote--
(A) political, social, and economic pluralism;
(B) respect for the rule of law;
(C) anti-corruption initiatives and law
enforcement;
(D) development of institutions of democratic
governance, including electoral and legislative
processes;
(E) transparent and accountable public
administration at all levels of government;
(F) a fair, competent, and independent judiciary;
and
(G) a free and independent media.
(2) Fostering investment in education and health
infrastructure and systems.--The assistance should foster
improved educational opportunities and health conditions,
particularly for women and children, including through--
(A) support for programs and personnel that promote
broad-based primary education, including through the
development of academic curricula, by making available
textbooks and other educational materials, and through
appropriate use of technology;
(B) support for programs to strengthen and build
institutions, including primary health care systems,
infrastructure, facilities, and personnel that provide
quality health care;
(C) support for improved systems for the delivery
of healthy water and sanitation services; and
(D) support for programs that reduce child
mortality (including those programs that combat HIV/
AIDS, malaria, tuberculosis, and other infectious
diseases, consistent with sections 104(c), 104A, 104B,
and 104C of the Foreign Assistance Act of 1961).
(3) Promoting economic freedom, broad-based economic
growth, and fostering free market systems.--The assistance
should foster the institutions and conditions needed to promote
free market systems, trade, and investment, including--
(A) the reform and restructuring of banking and
financial systems, including by allowing foreign
competition in the banking and financial sectors, where
appropriate;
(B) the development of transparent and efficient
commercial codes and reduction in the regulatory burden
on business;
(C) the protection of property rights, including--
(i) private property and intellectual
property rights, including through the adoption
and effective enforcement of intellectual
property treaties or international agreements;
and
(ii) the establishment and maintenance of
an efficient and integrated legal property
system that, among other things, facilitates
the ability of the poor, particularly women, to
convert physical and intellectual assets into
capital, such as utilizing existing practices
and customs that allow assets to be documented
in a manner that makes the assets widely
transferable, leveragable, and fungible, that
allows individuals to hold legal title to their
property, and that holds owners accountable for
transactions involving their property;
(D) support for market-based policies that support
increased agricultural production;
(E) a strong commitment to sound monetary and
budgetary policies;
(F) the development of small businesses, private
cooperatives, credit unions, and trade and labor
unions;
(G) the protection of internationally recognized
workers' rights; and
(H) the capacity of eligible countries to
ameliorate damage to the environment and respect other
environmental standards.
SEC. 203. ELIGIBILITY AND RELATED REQUIREMENTS.
(a) Assistance for Low Income Countries.--
(1) Fiscal year 2004.--A country shall be eligible to
receive assistance under section 202 for fiscal year 2004 if--
(A) the country is eligible for assistance from the
International Development Association, and the per
capita income of the country is equal to or less than
the historical ceiling of the International Development
Association for that year, as defined by the
International Bank for Reconstruction and Development;
(B) subject to paragraph (3), the country is not
ineligible to receive United States economic assistance
by reason of the application of section 116, 490, or
620A of the Foreign Assistance Act of 1961, or by
reason of the application of any other provision of
law; and
(C) the Chief Executive Officer of the Corporation
determines that the country has demonstrated a
commitment to--
(i) bolster democracy, human rights, good
governance and the rule of law;
(ii) invest in the health and education of
its citizens; and
(iii) promote sound economic policies that
promote economic freedom and opportunity.
(2) Fiscal years 2005 and 2006.--A country shall be
eligible to receive assistance under section 202 for fiscal
years 2005 and 2006 if--
(A) the per capita income of the country is equal
to or less than the historical ceiling of the
International Development Association for the fiscal
year involved, as defined by the International Bank for
Reconstruction and Development;
(B) the country meets the requirements of paragraph
(1)(B); and
(C) the country meets the requirements of clauses
(i) through (iii) of paragraph (1)(C), as determined by
the Chief Executive Officer.
(3) Rule of construction.--For the purposes of determining
whether a country is eligible for receiving assistance under
section 202 pursuant to paragraph (1)(B), the exercise by the
President, the Secretary of State, or any other officer or
employee of the United States of any waiver or suspension of
any provision of law referred to in such paragraph shall not be
construed as satisfying the requirement of such paragraph.
(b) Assistance for Lower Middle Income Countries.--
(1) In general.--In addition to countries described in
subsection (a), a country shall be eligible to receive
assistance under section 202 for fiscal year 2006 if the
country--
(A) is classified as a lower middle income country
in the then most recent edition of the World
Development Report published by the International Bank
for Reconstruction and Development;
(B) meets the requirements of subsection (a)(1)(B);
and
(C) meets the requirements of clauses (i) through
(iii) of subsection (a)(1)(C), as determined by the
Chief Executive Officer.
(2) Limitation.--The total amount of assistance provided to
countries under this subsection for fiscal year 2006 may not
exceed 20 percent of the total amount of assistance provided to
all countries under section 202 for fiscal year 2006.
(c) Assistance for Selected Low Income Countries.--
(1) In general.--A country shall be eligible to receive
assistance for any of fiscal years 2004 through 2006 solely for
the purpose of becoming eligible to receive assistance under
subsection (a) if the country--
(A) meets the requirements of paragraphs (1)(B) and
(2)(A) of subsection (a);
(B) demonstrates a commitment to meeting the
requirements of clauses (i) through (iii) of subsection
(a)(1)(C), as determined by the Chief Executive
Officer; but
(C) fails to meet the eligibility criteria
necessary to receive assistance under section 202, as
established under subsection (e).
(2) Administration.--Assistance for countries eligible by
reason of the application of this subsection shall be provided
through the United States Agency for International Development.
(3) Allocation of funds.--Of the amount authorized to be
appropriated under section 208(a) for a fiscal year, not more
than 15 percent of such amount is authorized to be appropriated
to the President for the fiscal year to carry out this
subsection.
(d) General Authority To Determine Eligibility.--
(1) General authority.--The Chief Executive Officer shall
determine whether or not a country is eligible to receive
assistance under section 202.
(2) Congressional notification.--Not later than 7 days
after making a determination of eligibility for a country under
paragraph (1), the Chief Executive Officer shall provide notice
thereof to the appropriate congressional committees. Such
notice shall include a certification of the determination of
the Chief Executive Officer that the country meets the
requirements of clauses (i) through (iii) of subsection
(a)(1)(C) in accordance with such subsection, subsection
(a)(2)(C), subsection (b)(1)(C), or subsection (c)(1)(B), as
the case may be.
(e) Eligibility Criteria.--
(1) Initial criteria and methodology.--At soon as
practicable after the date of the enactment of this Act, but
not later than 30 days prior to making any determination of
eligibility for a country under this section, the Chief
Executive Officer--
(A) shall consult in-person with the appropriate
congressional committees with respect to the
establishment of eligibility criteria and methodology
that the Chief Executive Officer proposes to use for
purposes of determining eligibility under this section;
(B) shall establish such eligibility criteria and
methodology; and
(C) shall prepare and transmit to such committees a
written report that contains such eligibility criteria
and methodology.
(2) Revisions to criteria and methodology.--If the Chief
Executive Officer proposes to use revised or different criteria
from the criteria described in paragraph (1) in making a
determination of eligibility for a country under this section,
then, not later than 15 days prior to making such
determination, the Chief Executive Officer shall consult in-
person with the appropriate congressional committees with
respect to such revised or different criteria and methodology
in accordance with paragraph (1)(A) and shall prepare and
transmit a written report in accordance with paragraph (1)(C).
(f) Form of Assistance; Recipients.--
(1) Form of assistance.--Assistance provided under section
202 for a country shall be provided to one or more of the
entities described in paragraph (2) on a nonrepayable basis and
in accordance with a fair, open, and competitive selection
process that results in the awarding of such assistance on a
merit basis using selection criteria that are made public by
the Corporation in advance and are otherwise in accordance with
standard and customary best practices for the provision of
similar types of assistance.
(2) Recipients.--The entities referred to in paragraph (1)
are the following:
(A) The national government of the country.
(B) Regional or local governmental units of the
country.
(C) Nongovernmental organizations, including for-
profit, not-for-profit, and voluntary organizations.
(D) International organizations and trust funds.
(g) Congressional Notification.--The Chief Executive Officer may
not make any grant or enter into any contract for assistance for a
country under section 202 that exceeds $5,000,000 until 15 days after
the date on which the Chief Executive Officer provides notification of
the proposed grant or contract to the appropriate congressional
committees in accordance with the procedures applicable to
reprogramming notifications under section 634A of the Foreign
Assistance Act of 1961.
(h) Prohibition on Use of Funds.--The prohibitions on use of funds
contained in paragraphs (1) through (3) of section 104(f) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)(1)-(3)) shall apply
to funds made available to carry out this division to the same extent
and in the same manner as such prohibitions apply to funds made
available to carry out part I of such Act.
SEC. 204. MILLENNIUM CHALLENGE COMPACT.
(a) Compact.--The President, acting through the Chief Executive
Officer of the Corporation, may provide assistance to an eligible
country under section 202 only if the country enters into a contract
with the United States, to be known as a ``Millennium Challenge
Compact'', that establishes a multi-year plan for achieving shared
development objectives in furtherance of the purposes of this title,
and only if the President, acting through the Chief Executive Officer,
provides to Congress notice regarding such Compact pursuant to
subsection (h).
(b) Elements.--
(1) In general.--The Compact shall take into account the
national development strategy of the eligible country and shall
contain--
(A) the specific objectives that the country and
the United States expect to achieve;
(B) the responsibilities of the country and the
United States in the achievement of such objectives;
(C) regular benchmarks to measure, where
appropriate, progress toward achieving such objectives;
(D) an identification of the intended
beneficiaries, disaggregated by income level, gender,
and age, to the maximum extent practicable;
(E) a multi-year financial plan, including the
estimated amount of contributions by the Corporation
and the country and proposed mechanisms to implement
the plan and provide oversight, that describes how the
requirements of subparagraphs (A) through (D) will be
met, including identifying the role of civil society in
the achievement of such requirements;
(F) where appropriate, a description of the
responsibility of other donors in the achievement of
such objectives; and
(G) a plan to ensure appropriate fiscal
accountability for the use of assistance provided under
section 202.
(2) Lower middle income countries.--In addition to the elements
described in subparagraphs (A) through (G) of paragraph (1), with
respect to a lower middle income country described in section 203(b),
the Compact shall identify an appropriate contribution from the country
relative to its national budget, taking into account the prevailing
economic conditions, toward meeting the objectives of the Compact. Such
contribution shall be in addition to government spending allocated for
such purposes in the country's budget for the year immediately
preceding the establishment of the Compact and shall continue for the
duration of the Compact.
(c) Definition.--In subsection (b), the term ``national development
strategy'' means any strategy to achieve market-driven economic growth
that has been developed by the government of the country in
consultation with a wide variety of civic participation, including
nongovernmental organizations, private and voluntary organizations,
academia, women and student organizations, local trade and labor
unions, and the business community.
(d) Additional Provision Relating to Prohibition on Taxation.--In
addition to the elements described in subsection (b), each Compact
shall contain a provision that states that assistance provided by the
United States under the Compact shall be exempt from taxation by the
government of the eligible country.
(e) Local Input.--In entering into a Compact, the United States and
the eligible country--
(1) shall take into account the local-level perspectives of
the rural and urban poor in the eligible country; and
(2) should consult with private and voluntary
organizations, the business community, and other donors, in the
eligible country.
(f) Consultation.--During any discussions with a country for the
purpose of entering into a Compact with the country, officials of the
Corporation participating in such discussions shall, at a minimum,
consult with appropriate officials of the United States Agency for
International Development, particularly with those officials
responsible for the appropriate region or country on development issues
related to the Compact.
(g) Coordination with Other Donors.--To the maximum extent
feasible, activities undertaken to achieve the objectives of the
Compact shall be undertaken in coordination with the assistance
activities of other donors.
(h) Congressional and Public Notification.--Not later than 15 days
prior to entering into a Compact with an eligible country, the
President, acting through the Chief Executive Officer--
(1) shall consult in-person with the appropriate
congressional committees with respect to the proposed Compact;
(2) shall provide notification of the proposed Compact to
the appropriate congressional committees in accordance with the
procedures applicable to reprogramming notifications under
section 634A of the Foreign Assistance Act of 1961;
(3) shall prepare and transmit to such committees a written
report that contains a detailed summary of the proposed Compact
and a copy of the full text of the Compact; and
(4) shall publish such detailed summary and full text of
the proposed Compact in the Federal Register and on the
Internet website of the Corporation.
(i) Assistance for Development of Compact.--Notwithstanding
subsection (a), the Chief Executive Officer may enter into contracts or
make grants for any eligible country for the purpose of facilitating
the development of the Compact between the United States and the
country.
SEC. 205. SUSPENSION AND TERMINATION OF ASSISTANCE.
(a) Suspension of Assistance.--
(1) In general.--The President shall suspend assistance in
whole or in part for a country under this title if the
President determines that--
(A) the country is engaged in activities which are
contrary to the national security interests of the
United States;
(B) the elected head of state of the country or any
member of the country's highest judicial tribunal has
been removed from that office or forcibly detained
through extra-constitutional processes; or
(C) the country has failed to adhere to its
responsibilities under the Compact.
(2) Reinstatement.--The President may reinstate assistance
for a country under this title only if the President determines
that the country has demonstrated a commitment to correcting
each condition for which assistance was suspended under
paragraph (1).
(3) Congressional notification.--A suspension of assistance
under paragraph (1), or a reinstatement of assistance under
paragraph (2), shall be effective beginning 15 days after the
date on which the President transmits to the appropriate
congressional committees a report that contains the
determination of the President under paragraph (1) or paragraph
(2), as the case may be.
(b) Termination of Assistance.--
(1) In general.--The President, acting through the Chief
Executive Officer of the Corporation, shall terminate all
assistance for a country under this title if the President
determines that the country has consistently failed to adhere
to its responsibilities under the Compact or has significantly
failed to meet the requirements of this title.
(2) Congressional notification.--A termination of
assistance under paragraph (1) shall be effective beginning 15
days after the date on which the President, acting through the
Chief Executive Officer, provides notification of the proposed
termination of assistance to the congressional committees
specified in section 634A(a) of the Foreign Assistance Act of
1961 in accordance with the procedures applicable to
reprogramming notifications under that section.
SEC. 206. ANNUAL REPORT.
(a) Report.--Not later than April 1, 2005, and not later than April
1 of each year thereafter, the Chief Executive Officer of the
Corporation shall prepare and transmit to the appropriate congressional
committees a report on the implementation of this title for the
preceding year.
(b) Contents.--The report shall include the following:
(1) A description and assessment of the eligibility
criteria and methodology utilized by the Chief Executive
Officer to determine eligibility for each country under section
203.
(2) A description of the agreed upon measures of progress
contained in each Compact.
(3)(A) An analysis, on a country-by-country, project-by-
project basis, of the impact of assistance provided under this
title on the economic development of each country.
(B) For each country, the analysis shall--
(i) to the maximum extent possible, be done on a
sector-by-sector basis, gender basis, and per capita
income basis, and identify trends within each of these
bases;
(ii) identify economic policy reforms conducive to
economic development that are supported by assistance
provided under this title;
(iii) describe, in quantified terms to the extent
practicable, the progress made in achieving assistance
objectives for the country;
(iv) describe the amount and nature of economic
assistance provided by other major donors which further
the purposes of this title; and
(v) discuss the commitment and contribution of the
country to achieving the assistance objectives
contained in its Compact.
(4) A description and assessment of property rights in each
country, including--
(A) the total value of legal and extralegal
property and business holdings;
(B) the average time required to acquire land; and
(C) the average time required to register and wind
up a business enterprise.
SEC. 207. PARTICIPATION OF CERTAIN UNITED STATES BUSINESSES.
(a) Participation.--To the maximum extent practicable, the
President, acting through the Chief Executive Officer, shall ensure
that United States small, minority-owned, and disadvantaged business
enterprises fully participate in the provision of goods and services
that are financed with funds made available under this title.
(b) Report.--The Chief Executive Officer shall prepare and submit
to the appropriate congressional committees an annual report that
contains a description of the extent to which the requirement of
subsection (a) has been met for the preceding year.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS; RELATED AUTHORITIES.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the President, acting through the Chief Executive
Officer of the Corporation, to carry out this division (other than
title IV) $1,300,000,000 for fiscal year 2004, $3,000,000,000 for
fiscal year 2005, and $5,000,000,000 for fiscal year 2006.
(b) Additional Authorities.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a)--
(1) may be referred to as the ``Millennium Challenge
Account'';
(2) are authorized to remain available until expended; and
(3) are in addition to amounts otherwise available for such
purposes.
TITLE III--MILLENNIUM CHALLENGE CORPORATION
SEC. 301. MILLENNIUM CHALLENGE CORPORATION.
(a) Establishment.--There is hereby established in the executive
branch a corporation to be known as the ``Millennium Challenge
Corporation'' that shall be responsible for carrying out title II.
(b) Government Corporation.--The Corporation shall be a Government
corporation, as defined in section 103 of title 5, United States Code.
SEC. 302. CHIEF EXECUTIVE OFFICER.
(a) Appointment.--The Corporation shall be headed by an individual
who shall serve as Chief Executive Officer of the Corporation, who
shall be appointed by the President, by and with the advice and consent
of the Senate.
(b) Compensation and Rank.--
(1) In general.--The Chief Executive Officer shall be
compensated at the rate provided for level II of the Executive
Schedule under section 5313 of title 5, United States Code, and
shall have the equivalent rank of Deputy Secretary.
(2) Amendment.--Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Chief Executive Officer, Millennium Challenge
Corporation.''.
(c) Authorities and Duties.--The Chief Executive Officer shall
exercise the powers and discharge the duties of the Corporation and any
other duties, as conferred on the Chief Executive Officer by the
President.
(d) Authority To Appoint Officers.--The Chief Executive Officer
shall appoint all officers of the Corporation.
SEC. 303. BOARD OF DIRECTORS.
(a) In General.--There shall be in the Corporation a Board of
Directors.
(b) Duties.--The Board may prescribe, amend, and repeal bylaws,
rules, regulations, and procedures governing the manner in which the
business of the Corporation may be conducted and in which the powers
granted to it by law may be exercised.
(c) Membership.--
(1) In general.--The Board shall consist of--
(A) the Secretary of State, the Secretary of
Treasury, the Administrator of the United States Agency
for International Development, the Chief Executive
Officer of the Corporation, and the United States Trade
Representative; and
(B) four other individuals who shall be appointed
by the President, by and with the advice and consent of
the Senate, of which--
(i) one individual shall be appointed from
among a list of individuals submitted by the
majority leader of the House of
Representatives;
(ii) one individual shall be appointed from
among a list of individuals submitted by the
minority leader of the House of
Representatives;
(iii) one individual shall be appointed
from among a list of individuals submitted by
the majority leader of the Senate; and
(iv) one individual shall be appointed from
among a list of individuals submitted by the
minority leader of the Senate.
(2) Ex-officio members.--In addition to members of the
Board described in paragraph (1), the Director of the Office of
Management and Budget, the President and Chief Executive
Officer of the Overseas Private Investment Corporation, the
Director of the Trade and Development Agency, and the Director
of the Peace Corps shall be non-voting members, ex officio, of
the Board.
(d) Terms.--
(1) Officers of federal government.--Each member of the
Board described in paragraphs (1)(A) and (2) of subsection (c)
shall serve for a term that is concurrent with the term of
service of the individual's position as an officer within the
other Federal department or agency.
(2) Other members.--Each member of the Board described in
subsection (c)(1)(B) shall be appointed for a term of 3 years
and may be reappointed for a term of an additional 2 years.
(3) Vacancies.--A vacancy in the Board shall be filled in
the manner in which the original appointment was made.
(e) Chairperson.--The Secretary of State shall serve as the
Chairperson of the Board.
(f) Quorum.--A majority of the members of the Board shall
constitute a quorum, which shall include at least one member of the
Board described in subsection (c)(1)(B).
(g) Meetings.--The Board shall meet at the call of the Chairperson.
(h) Compensation.--
(1) Officers of federal government.--
(A) In general.--A member of the Board described in
paragraphs (1)(A) and (2) of subsection (c) may not
receive additional pay, allowances, or benefits by
reason of their service on the Board.
(B) Travel expenses.--Each such member of the Board
shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5,
United States Code.
(2) Other members.--
(A) In general.--Except as provided in paragraph
(2), a member of the Board described in subsection
(c)(1)(B)--
(i) shall be paid compensation out of funds
made available for the purposes of this title
at the daily equivalent of the highest rate
payable under section 5332 of title 5, United
States Code, for each day (including travel
time) during which the member is engaged in the
actual performance of duties as a member of the
Board; and
(ii) while away from the member's home or
regular place of business on necessary travel,
as determined by the Chief Executive Officer,
in the actual performance of duties as a member
of the Board, shall be paid per diem, travel,
and transportation expenses in the same manner
as is provided under subchapter I of chapter 57
of title 5, United States Code.
(B) Limitation.--A member of the Council may not be
paid compensation under subparagraph (A)(i) for more
than thirty days in any calendar year.
SEC. 304. INTERAGENCY COORDINATION.
In carrying out the functions described in this title, and
consistent with section 101 of the National Security Act of 1947 (50
U.S.C. 402), the President shall ensure coordination of assistance
authorized under title II with foreign economic assistance programs and
activities carried out by other Federal departments and agencies.
SEC. 305. POWERS OF THE CORPORATION; RELATED PROVISIONS.
(a) Powers.--The Corporation--
(1) may adopt, alter, and use a corporate seal, which shall
be judicially noticed;
(2) may prescribe, amend, and repeal such rules,
regulations, and procedures as are necessary for carrying out
the functions of the Corporation and all Compacts;
(3) may make and perform such contracts, grants, and other
agreements with any individual, corporation, or other private
or public entity, however designated and wherever situated, as
may be necessary for carrying out the functions of the
Corporation;
(4) may determine and prescribe the manner in which its
obligations shall be incurred and its expenses allowed and
paid, including expenses for representation not exceeding
$95,000 in any fiscal year;
(5) may lease, purchase, or otherwise acquire, own, hold,
improve, use or otherwise deal in and with such property (real,
personal, or mixed) or any interest therein, wherever situated,
as may be necessary for carrying out the functions of the
Corporation;
(6) may accept gifts or donations of services or of
property (real, personal, or mixed), tangible or intangible, in
furtherance of the purposes of this division;
(7) may hire or obtain passenger motor vehicles;
(8) may use the United States mails in the same manner and
on the same conditions as the Executive departments (as defined
in section 101 of title 5, United States Code);
(9) may, with the consent of any Executive agency (as
defined in section 105 of title 5, United States Code), use the
information, services, facilities, and personnel of that agency
on a full or partial reimbursement in carrying out the purposes
of this division; and
(10) may sue and be sued, complain, and defend, in its
corporate name in any court of competent jurisdiction.
(b) Offices.--
(1) Principal office.--The Corporation shall maintain its
principal office in the metropolitan area of Washington,
District of Columbia.
(2) Other offices.--The Corporation may establish other
offices in any place or places outside the United States in
which the Corporation may carry out any or all of its
operations and business.
(c) Cooperation With Other Federal Departments and Agencies.--In
order to avoid unnecessary expense and duplication of functions,
efforts, and activities between the Corporation and other Federal
departments and agencies the Chief Executive Officer, or the Chief
Executive Officer's designee--
(1)(A) shall consult, to the maximum extent practicable,
with the Administrator of the United States Agency for
International Development, or the Administrator's designee, in
order to coordinate the activities of the Corporation and the
Agency for International Development; and
(B) shall consult with the heads of other departments and
agencies to ensure similar coordination of activities;
(2)(A) shall ensure proper coordination of activities of
the Corporation with the provision of development assistance of
relevant international financial institutions, including the
International Bank for Reconstruction and Development, the
International Monetary Fund, and the regional multilateral
development banks; and
(B) shall provide to each United States Executive Director
(or other United States representative) to the relevant
international financial institutions a copy of each proposed
Compact between the United States and an eligible country and a
copy of each such final Compact.
(d) Positions with Foreign Governments.--When approved by the
Corporation, in furtherance of its purposes, employees of the
Corporation (including individuals detailed to the Corporation) may
accept and hold offices or positions to which no compensation is
attached with governments or governmental agencies of foreign countries
or with international organizations.
SEC. 306. TRANSPARENCY AND ACCOUNTABILITY OF THE CORPORATION.
The Corporation and its officers and employees shall be subject to
the provisions of section 552 of title 5, United States Code (relating
to freedom of information).
SEC. 307. DETAIL OF PERSONNEL TO THE CORPORATION; OTHER AUTHORITIES AND
LIMITATIONS.
(a) Detail of Personnel.--Upon request of the Chief Executive
Officer of the Corporation, the head of an agency may detail any
employee of such agency to the Corporation on a fully or partially
reimbursable basis. Any employee so detailed remains, for the purpose
of preserving such employee's allowances, privileges, rights,
seniority, and other benefits, an employee of the agency from which
detailed.
(b) Limitation on Total Service.--
(1) In general.--Except as provided in paragraph (2), no
individual may serve in or under the Corporation (whether as an
employee of the Corporation, a detailee to the Corporation, or
a combination thereof) for a total period exceeding 5 years.
(2) Exceptions.--
(A) Extension authority.--The Chief Executive
Officer may extend the 5-year period under paragraph
(1) for up to an additional 3 years, in the case of any
particular individual, if the Chief Executive Officer
determines that such extension is essential to the
achievement of the purposes of this division.
(B) Officers.--Nothing in this subsection shall
limit the period for which an individual may serve as
an officer of the Corporation appointed pursuant to
section 302(d) nor shall any period of service as such
an officer be taken into account for purposes of
applying this subsection.
(c) Reemployment Rights.--
(1) In general.--An employee of an agency who is serving
under a career or career conditional appointment (or the
equivalent), and who, with the consent of the head of such
agency, transfers to the Corporation, is entitled to be
reemployed in such employee's former position or a position of
like seniority, status, and pay in such agency, if such
employee--
(A) is separated from the Corporation--
(i) by reason of the application of
subsection (b); or
(ii) for any other reason, other than
misconduct, neglect of duty, or malfeasance;
and
(B) applies for reemployment not later than 90 days
after the date of separation from the Corporation.
(2) Specific rights.--An employee who satisfies paragraph
(1) is entitled to be reemployed (in accordance with such
paragraph) within 30 days after applying for reemployment and,
on reemployment, is entitled to at least the rate of basic pay
to which such employee would have been entitled had such
employee never transferred.
(d) Basic Pay.--The Chief Executive Officer may fix the rate of
basic pay of employees of the Corporation without regard to the
provisions of--
(1) chapter 51 of title 5, United States Code (relating to
the classification of positions), and
(2) subchapter III of chapter 53 of such title (relating to
General Schedule pay rates),
except that no employee of the Corporation may receive a rate of basic
pay that exceeds the rate for level II of the Executive Schedule under
section 5313 of such title.
(e) Assignment to United States Embassies.--An employee of the
Corporation, including an individual detailed to or contracted by the
Corporation, may be assigned to a United States diplomatic mission or
consular post, or United States Agency for International Development
field mission.
(f) Privileges and Immunities.--The Secretary of State shall seek
to ensure that an employee of the Corporation, including an individual
detailed to or contracted by the Corporation, and the members of the
family of such employee, while the employee is performing duties in any
country or place outside the United States, enjoy the privileges and
immunities that are enjoyed by a member of the Foreign Service, or the
family of a member of the Foreign Service, as appropriate, of
comparable rank and salary of such employee, if such employee or a
member of the family of such employee is not a national of or
permanently resident in such country or place.
(g) Responsibility of Chief of Mission.--An employee of the
Corporation, including an individual detailed to or contracted by the
Corporation, and a member of the family of such employee, shall be
subject to section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927) in the same manner as United States Government employees while
the employee is performing duties in any country or place outside the
United States if such employee or member of the family of such employee
is not a national of or permanently resident in such country or place.
(h) Allocation of Funds.--
(1) In general.--The Corporation may allocate or transfer
to the United States Agency for International Development or
any other agency any part of any funds available for carrying
out the purposes of this division. Such funds shall be
available for obligation and expenditure for the purposes for
which authorized, in accordance with authority granted in this
title or under authority governing the activities of the
agencies of the United States Government to which such funds
are allocated or transferred.
(2) Congressional notification.--The Chief Executive
Officer shall notify the appropriate congressional committees
not later than 15 days prior to a transfer of funds under
paragraph (1) that exceeds $5,000,000.
(3) Use of services.--For carrying out the purposes of this
division, the Corporation may utilize the services and
facilities of, or procure commodities from, any agency under
such terms and conditions as may be agreed to by the head of
the agency and the Corporation.
(i) Funding Limitation.--Of the funds allocated under subsection
(h) in any fiscal year, not more than 7 percent of such funds may be
used for administrative expenses.
(j) Other authorities.--Except to the extent inconsistent with the
provisions of this division, the administrative authorities under
chapters 1 and 2 of part III of the Foreign Assistance Act of 1961
shall apply to the provision of assistance under this division to the
same extent and in the same manner as such authorities apply to the
provision of economic assistance under part I of such Act.
(k) Applicability of Government Corporation Control Act.--
(1) In general.--The Corporation shall be subject to the
provisions of chapter 91 of subtitle VI of title 31, United
States Code, except that the Corporation shall not be
authorized to issue obligations or offer obligations to the
public.
(2) Conforming amendment.--Section 9101(3) of title 31,
United States Code, is amended by adding at the end the
following:
``(Q) the Millennium Challenge Corporation.''
(l) Inspector General.--
(1) In general.--The Inspector General of the United States
Agency for International Development shall serve as Inspector
General of the Corporation, and, in acting in such capacity,
may conduct reviews, investigations, and inspections of all
aspects of the operations and activities of the Corporation.
(2) Authority of the board.--In carrying out its
responsibilities under this subsection, the Inspector General
shall report to and be under the general supervision of the
Board of Directors.
(3) Reimbursement and authorization of services.--
(A) Reimbursement.--The Corporation shall reimburse
the United States Agency for International Development
for all expenses incurred by the Inspector General in
connection with the Inspector General's
responsibilities under this subsection.
(B) Authorization for services.--Of the amount
authorized to be appropriated under section 208(a) for
a fiscal year, up to $1,000,000 is authorized to be
made available to the Inspector General of the United
States Agency for International Development to conduct
reviews, investigations, and inspections of operations
and activities of the Corporation.
(m) Comptroller General.--
(1) In general.--The Comptroller General shall conduct
audits, evaluations, and investigations of the Corporation.
(2) Scope.--The activities and financial transactions of
the Corporation for any fiscal year during which Federal funds
are available to finance any portion of its operations may be
evaluated, investigated, or audited by the Comptroller General
in accordance with such rules and regulations as may be
prescribed by the Comptroller General.
(3) Access and records.--Any evaluation, investigation, or
audit shall be conducted at the place or places where pertinent
information of the Corporation is normally kept. The
representatives of the General Accounting Office shall have
access to all books, accounts, financial records, reports,
files, and other papers or property belonging to or in use by
the Corporation and necessary to facilitate the evaluation,
investigation, or audit; and full facilities for verifying
transactions with the balances and securities held by
depositories, fiscal agents, and custodians shall be afforded
to such representatives. All such books, accounts, financial
records, reports, files, and other papers or property of the
Corporation shall remain in the possession and custody of the
Corporation throughout the period beginning on the date such
possession or custody commences and ending three years after
such date, but the General Accounting Office may require the
retention of such books, accounts, financial records, reports,
files, papers, or property for a longer period under section
3523(c) of title 31, United States Code.
(4) Report.--A report of such audit, evaluation, or
investigation shall be made by the Comptroller General to the
appropriate congressional committees and to the President,
together with such recommendations with respect thereto as the
Comptroller General shall deem advisable.
(n) Definitions.--For purposes of this section--
(1) the term ``agency'' means an Executive agency, as
defined by section 105 of title 5, United States Code; and
(2) the term ``detail'' means the assignment or loan of an
employee, without a change of position, from the agency by
which such employee is employed to the Corporation.
SEC. 308. MILLENNIUM CHALLENGE ADVISORY COUNCIL.
(a) Establishment.--There is hereby established in the executive
branch an advisory council to the Corporation to be known as the
Millennium Challenge Advisory Council.
(b) Functions.--
(1) General functions.--The Council shall advise and
consult with the Chief Executive Officer of the Corporation and
the Board of Directors with respect to policies and programs
designed to further the purposes of this division and shall
periodically report to the Congress with respect to the
activities of the Corporation. In addition, the Council shall
review on an annual basis the criteria and methodology used to
determine eligibility of countries for assistance under title
II and make recommendations to the Chief Executive Officer and
the Board to improve the effectiveness of such criteria and
methodology in order to achieve the purposes of this division.
(2) Additional functions.--Members of the Council shall
(subject to subsection (d)(1)) conduct on-site inspections, and
make examinations, of the activities of the Corporation in the
United States and in other countries in order to--
(A) evaluate the accomplishments of the
Corporation;
(B) assess the potential capabilities and the
future role of the Corporation;
(C) make recommendations to the Chief Executive
Officer, the Board of Directors, and Congress, for the
purpose of guiding the future direction of the
Corporation and of helping to ensure that the purposes
and programs of the Corporation are carried out in ways
that are economical, efficient, responsive to changing
needs in developing countries and to changing
relationships among people, and in accordance with law;
(D) make such other evaluations, assessments, and
recommendations as the Council considers appropriate.
(3) Public participation.--The Council may provide for
public participation in its activities, consistent with section
552b of title 5, United States Code.
(c) Membership.--
(1) In general.--The Council shall consist of seven
individuals, who shall be appointed by the Chief Executive
Officer, and who shall be broadly representative of
nongovernmental entities with expertise and interest in
international trade and economic development, including
business and business associations, trade and labor unions,
private and voluntary organizations, foundations, public policy
organizations, academia, and other entities as the Chief
Executive Officer determines appropriate.
(2) Additional requirement.--No member appointed under
paragraph (1) may be an officer or employee of the United
States Government.
(d) Compensation.--
(1) In general.--Except as provided in paragraph (2), a
member of the Council--
(A) shall be paid compensation out of funds made
available for the purposes of this title at the daily
equivalent of the highest rate payable under section
5332 of title 5, United States Code, for each day
(including travel time) during which the member is
engaged in the actual performance of duties as a member
of the Council; and
(B) while away from the member's home or regular
place of business on necessary travel, as determined by
the Chief Executive Officer, in the actual performance
of duties as a member of the Council, shall be paid per
diem, travel, and transportation expenses in the same
manner as is provided under subchapter I of chapter 57
of title 5, United States Code.
(2) Limitation.--A member of the Council may not be paid
compensation under paragraph (1)(A) for more than thirty days
in any calendar year.
(e) Quorum.--A majority of the members of the Council shall
constitute a quorum for the purposes of transacting any business.
(f) Financial interests of members.--A member of the Council shall
disclose to the Chairperson of the Council and the Chief Executive
Officer of the existence of any direct or indirect financial interest
of that member in any particular matter before the Council and may not
vote or otherwise participate as a Council member with respect to that
particular matter.
(g) Chairperson.--The Chief Executive Officer shall designate one
of the members of the Council as Chairperson, who shall serve in that
capacity for a term of two years. The Chief Executive Officer may renew
the term of the member appointed as Chairperson under the preceding
sentence.
(h) Meetings, Bylaws, and Regulations.--
(1) Meetings.--The Council shall hold a regular meeting
during each calendar quarter and shall meet at the call of the
President, the Chief Executive Officer, the Chairperson of the
Board, the Chairperson of the Council, or two members of the
Council.
(2) Bylaws and regulations.--The Council shall prescribe
such bylaws and regulations as it considers necessary to carry
out its functions. Such bylaws and regulations shall include
procedures for fixing the time and place of meetings, giving or
waiving of notice of meetings, and keeping of minutes of
meetings.
(i) Report to the President, Chief Executive Officer, and Board.--
(1) Report.--Not later than January 1, 2005, and not later
than January 1 of each year thereafter that the Corporation is
in existence, the Council shall submit to the President, the
Chief Executive Officer, and the Board a report on its views on
the programs and activities of the Corporation.
(2) Contents.--Each report shall contain a summary of the
advice and recommendations provided by the Council to the Chief
Executive Officer and the Board during the period covered by
the report and such recommendations (including recommendations
for administrative or legislative action) as the Council
considers appropriate to make to the Congress.
(3) Additional requirement.--Not later than 90 days after
receiving each such report, the Chief Executive Officer shall
transmit to Congress a copy of the report, together with any
comments concerning the report that the Chief Executive Officer
considers appropriate.
(j) Administrative assistance.--The Chief Executive Officer shall
make available to the Council such personnel, administrative support
services, and technical assistance as are necessary to carry out its
functions effectively.
(k) Termination.--Section 14(a)(2)(B) of the Federal Advisory
Committee Act (5 U.S.C. App.; relating to the termination of advisory
committees) shall not apply to the Council. Notwithstanding section 102
of this Act, the authorities of the Council shall terminate on December
31, 2007.
SEC. 309. MILLENNIUM CHALLENGE SEED GRANTS.
(a) Findings.--Congress finds the following:
(1) Many countries in the developing world lack the
academic and public policy advocacy base essential to attaining
the principal objectives of the Millennium Challenge Account.
(2) Because of widespread government repression of free
speech and poverty, the countries of Africa in particular
suffer an acute shortage of nongovernmental organizations which
effectively study and promote the principal objectives of the
Millennium Challenge Account.
(3) Many developing countries, particularly low income
countries, lack the institutional capacity to enhance the
quality and accuracy of data upon which the eligibility
criteria in section 203 relies. Such countries may also lack
the ability to monitor and evaluate development projects
effectively.
(4) The Millennium Challenge Account will struggle to reach
its goals unless countries in the developing world possess a
home grown intellectual commitment and culture of advocacy
aimed at promoting its principal objectives.
(b) Assistance.--The Chief Executive Officer of the Corporation is
authorized to provide assistance in support of nongovernmental
organizations (including universities, independent foundations, and
other organizations) in low income and lower middle income countries,
and, where appropriate, directly to agencies of foreign governments in
low income countries, that are undertaking research, education, and
advocacy efforts aimed at promoting democratic societies, human rights,
the rule of law, improved educational opportunities and health
conditions, particularly for women and children, and economic freedom,
including research aimed at improving data related to the eligibility
criteria and methodology established by this division with respect to
such a country or monitoring and evaluating the impact of assistance
provided under this division.
(c) Limitation.--Not more than $10,000,000 of the amount made
available to carry out this division for a fiscal year may be made
available to carry out this section.
SEC. 310. CLARIFICATION OF ROLE OF USAID.
(a) Status of USAID.--The Administrator of the United States Agency
for International Development shall report to the President through,
and operate under the foreign policy authority and direction of, the
Secretary of State. The United States Agency for International
Development shall be administered under the supervision and operational
direction of the Administrator of the Agency.
(b) Functions of USAID.--The United States Agency for International
Development is authorized--
(1) to receive appropriated funds;
(2) to be the United States Government agency primarily
responsible for administering sections 103 through 108 (other
than section 104A), 214, and 491 of the Foreign Assistance Act
of 1961, the ``Child Survival and Health Programs Fund'', and
other United States economic assistance as directed in writing
by the President or the Secretary of State, or as otherwise
provided by law;
(3) to provide assistance to a country currently ineligible
for assistance provided under title II in order that it may
become eligible for such assistance; and
(4) upon the request of the Chief Executive Officer of the
Corporation and with the concurrence of the Administrator of
the Agency, to assist in the evaluation, execution, and
oversight of Millennium Challenge Compacts described in section
204.
TITLE IV--PROVISIONS RELATING TO UNITED STATES ECONOMIC ASSISTANCE
SEC. 401. DEFINITION.
In this title, the term ``United States economic assistance'' means
any bilateral economic assistance, from any budget functional category,
that is provided by any department or agency of the United States to a
foreign country, including such assistance that is intended--
(A) to assist the development and economic
advancement of friendly foreign countries and peoples,
including assistance provided under title II (relating
to the Millennium Challenge Account);
(B) to promote the freedom, aspirations, or
sustenance of friendly peoples under oppressive rule by
unfriendly governments;
(C) to promote international trade and foreign
direct investment as a means of aiding economic growth;
(D) to save lives and alleviate suffering of
foreign peoples during or following war, natural
disaster, or complex crisis;
(E) to assist in recovery and rehabilitation of
countries or peoples following disaster or war;
(F) to protect refugees and promote durable
solutions to aid refugees;
(G) to promote sound environmental practices;
(H) to assist in development of democratic
institutions and good governance by the people of
foreign countries;
(I) to promote peace and reconciliation or
prevention of conflict;
(J) to improve the technical capacities of
governments to reduce production of and demand for
illicit narcotics; and
(K) to otherwise promote through bilateral foreign
economic assistance the national objectives of the
United States.
SEC. 402. FRAMEWORK FOR ASSISTANCE.
(a) Sense of Congress.--It is the sense of Congress that a coherent
framework for United States economic assistance should be established
in accordance with this section.
(b) Elements.--The framework described in subsection (a) includes
the following elements:
(1) The United States Agency for International Development,
under the direction and foreign policy guidance of the
Secretary of State, should be responsible for--
(A) providing assistance to countries that face
natural and man-made disasters in order to provide
humanitarian relief to the peoples of such countries,
in coordination with refugee programs administered by
the Department of State;
(B) providing assistance to countries that are
suffering from conflicts or are in post-conflict
situations in order to provide humanitarian relief,
transition assistance, and reconstruction assistance;
(C) providing assistance to help moderate-to-poorly
performing countries achieve development progress in
the areas described in part I of the Foreign Assistance
Act of 1961, including progress toward becoming
eligible for assistance under this title, and to
promote international health worldwide, as well as
assisting in the development of country and regional
development strategies;
(D) addressing transnational problems, such as
environmental degradation, food insecurity, and health
problems; and
(E) assisting other Federal departments and
agencies, including the Corporation established under
title III, to carry out assistance activities abroad,
including providing technical assistance and advice to
such departments and agencies, coordinating its
assistance programs with such departments and agencies,
and using its field offices to help implement such
assistance.
(2) The Corporation established under title III should
provide assistance to countries that have demonstrated a
commitment to bolstering democracy, good governance, and the
rule of law, to investing in the health and educations of their
people, and to promoting sound economic policies that foster
economic opportunity for their people.
(3) The Department of State should be responsible for
allocating security assistance to support key foreign policy
objectives of the United States and shall administer assistance
in such areas as non-proliferation, anti-terrorism, counter-
narcotics, and relief for refugees.
(4) Other Federal departments and agencies with expertise
in international development-related activities, such as the
Overseas Private Investment Corporation, the Trade and
Development Agency, the Department of Agriculture, the
Department of Health and Human Services, and the Centers for
Disease Control and Prevention, to the extent such departments
and agencies have the authority to carry out development-
related programs, and in coordination with the Department of
State and the United States Agency for International
Development, should provide expertise in specific technical
areas and shall provide assistance, including assistance
provided with funds made available from the Corporation to
assist United States Government international development
activities.
SEC. 403. REPORT RELATING TO IMPACT AND EFFECTIVENESS OF ASSISTANCE.
(a) Report.--Not later than December 31, 2004, and December 31 of
each third year thereafter, the President shall transmit to Congress a
report which analyzes, on a country-by-country basis, the impact and
effectiveness of United States economic assistance furnished under the
framework established in section 402 to each country during the
preceding three fiscal years. The report shall include the following
for each recipient country:
(1) An analysis of the impact of United States economic
assistance during the preceding three fiscal years on economic
development in that country, with a discussion of the United
States interests that were served by the assistance. This
analysis shall be done on a sector-by-sector basis to the
extent possible and shall identify any economic policy reforms
which were promoted by the assistance. This analysis shall--
(A) include a description, quantified to the extent
practicable, of the specific objectives the United
States sought to achieve in providing economic
assistance for that country, and
(B) specify the extent to which those objectives
were not achieved, with an explanation of why they were
not achieved.
(2) A description of the amount and nature of economic
assistance provided by other donors during the preceding three
fiscal years, set forth by development sector to the extent
possible.
(3) A discussion of the commitment of the host government
to addressing the country's needs in each development sector,
including a description of the resources devoted by that
government to each development sector during the preceding
three fiscal years.
(4) A description of the trends, both favorable and
unfavorable, in each development sector.
(5) Statistical and other information necessary to evaluate
the impact and effectiveness of United States economic
assistance on development in the country.
(6) A comparison of the analysis provided in the report
with relevant analyses by international financial institutions,
other international organizations, other donor countries, or
nongovernmental organizations.
(b) Listing of Most and Least Successful Assistance Programs.--The
report required by this section shall identify--
(1) each country in which United States economic assistance
has been most successful, as indicated by the extent to which
the specific objectives the United States sought to achieve in
providing the assistance for the country, as referred to in
subsection (a)(1)(A), were achieved; and
(2) each country in which United States economic assistance
has been least successful, as indicated by the extent to which
the specific objectives the United States sought to achieve in
providing the assistance for the country, as referred to in
subsection (a)(1)(A), were not achieved.
For each country listed pursuant to paragraph (2), the report shall
explain why the assistance was not more successful and shall specify
what the United States has done as a result.
(d) De Minimus Exception.--Information under subsections (a) and
(b) for a fiscal year shall not be required with respect to a country
for which United States economic assistance for the country for the
fiscal year is less than $5,000,000.
DIVISION B--REAUTHORIZATION AND EXPANSION OF THE PEACE CORPS
TITLE X--GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Peace Corps Expansion Act of
2003''.
SEC. 1002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Director.--The term ``Director'' means the Director of
the Peace Corps.
(3) Host country.--The term ``host country'' means a
country whose government has invited the Peace Corps to
establish a Peace Corps program within the territory of the
country.
(4) Peace corps volunteer.--The term ``Peace Corps
volunteer'' means a volunteer or a volunteer leader under the
Peace Corps Act.
(5) Returned peace corps volunteer.--The term ``returned
Peace Corps volunteer'' means a person who has been certified
by the Director as having served satisfactorily as a Peace
Corps volunteer.
SEC. 1003. FINDINGS.
Congress makes the following findings:
(1) The Peace Corps was established in 1961 to promote
world peace and friendship through the service abroad of
volunteers who are United States citizens. The spirit of
service and commitment to helping others is a fundamental
component of democracy.
(2) Since its establishment, more than 168,000 volunteers
have served in the Peace Corps in 136 countries throughout the
world.
(3) The three goals codified in the Peace Corps Act which
have guided the Peace Corps and its volunteers over the years,
can work in concert to promote global acceptance of the
principles of international peace and nonviolent coexistence
among peoples of diverse cultures and systems of government.
(4) The Peace Corps has sought to fulfill three goals--to
help people in developing countries meet basic needs, promote
understanding abroad of the values and ideals of the United
States, and promote an understanding of other peoples by the
people of the United States.
(5) After more than 40 years of operation, the Peace Corps
remains the world's premier international service organization
dedicated to promoting grassroots development by working with
families and communities to improve health care for children,
expand agricultural production, teach in schools, fight
infectious diseases, protect the environment, and initiate
small business opportunities.
(6) The Peace Corps remains committed to sending well
trained and well supported Peace Corps volunteers overseas to
promote international peace, cross-cultural awareness, and
mutual understanding between the United States and other
countries.
(7) The Peace Corps is an independent agency, and,
therefore, no Peace Corps personnel or volunteers should be
used to accomplish any goal other than the goals established by
the Peace Corps Act.
(8) The Crisis Corps has been an effective tool in
harnessing the skills and talents of returned Peace Corps
volunteers and should be expanded, to the maximum extent
practicable, to utilize the talent of returned Peace Corps
volunteers.
(9) In fiscal year 2003, the Peace Corps is operating with
an annual budget of $295,000,000 in 70 countries, with more
than 7,000 Peace Corps volunteers.
(10) There is deep misunderstanding and misinformation in
many parts of the world, particularly in countries with
substantial Muslim populations, with respect to United States
values and ideals. A new or expanded Peace Corps presence in
such places could foster better understanding between the
people of the United States and such countries.
(11) Congress has declared, and the Peace Corps Act
provides, that the Peace Corps shall maintain, to the maximum
extent practicable and appropriate, a volunteer corps of at
least 10,000 individuals.
(12) President George W. Bush has called for the doubling
of the number of Peace Corps volunteers in service.
(13) Any expansion of the Peace Corps should not jeopardize
the quality of the Peace Corps volunteer experience and,
therefore, necessitates, among other things, an appropriate
increase in field and headquarters support staff.
(14) In order to ensure that the proposed expansion of the
Peace Corps preserves the integrity of the program and the
security of volunteers, the integrated Planning and Budget
System supported by the Office of Planning and Policy Analysis
should continue its focus on strategic planning.
(15) A streamlined, bipartisan Peace Corps National
Advisory Council composed of distinguished returned Peace Corps
volunteers, former Peace Corps staff, and other individuals
with diverse backgrounds and expertise can be a source of ideas
and suggestions that may be useful to the Director of the Peace
Corps as the Director discharges the duties and
responsibilities as head of the agency.
TITLE XI--AMENDMENTS TO PEACE CORPS ACT; RELATED PROVISIONS
SEC. 1101. ADVANCING THE GOALS OF THE PEACE CORPS.
(a) Recruitment of Volunteers.--Section 2A of the Peace Corps Act
(22 U.S.C. 2501-1) is amended by adding at the end the following new
sentence: ``As an independent agency, the Peace Corps shall be
responsible for recruiting all of its volunteers.''.
(b) Details and Assignments.--Section 5(g) of the Peace Corps Act
(22 U.S.C. 2504(g)) is amended by striking ``Provided, That'' and
inserting ``Provided, That such detail or assignment furthers the
fulfillment of Peace Corps' development and public diplomacy goals as
described in section 2: Provided further, That''.
SEC. 1102. REPORTS AND CONSULTATIONS.
(a) Annual Reports; Consultations on New Initiatives.--Section 11
of the Peace Corps Act (22 U.S.C. 2510) is amended by striking the
section heading and the text of section 11 and inserting the following:
``SEC. 11. ANNUAL REPORTS; CONSULTATIONS ON NEW INITIATIVES.
``(a) Annual Reports.--The Director shall transmit to Congress, at
least once in each fiscal year, a report on operations under this Act.
Each report shall contain information--
``(1) describing efforts undertaken to improve coordination
of activities of the Peace Corps with activities of
international voluntary service organizations, such as the
United Nations volunteer program, and of host country voluntary
service organizations, including--
``(A) a description of the purpose and scope of any
development project which the Peace Corps undertook
during the preceding fiscal year as a joint venture
with any such international or host country voluntary
service organizations; and
``(B) recommendations for improving coordination of
development projects between the Peace Corps and any
such international or host country voluntary service
organizations;
``(2) describing--
``(A) any major new initiatives that the Peace
Corps has under review for the upcoming fiscal year,
and any major initiatives that were undertaken in the
previous fiscal year that were not included in prior
reports to the Congress;
``(B) the rationale for undertaking such new
initiatives;
``(C) an estimate of the cost of such initiatives;
and
``(D) the impact on the safety of volunteers;
``(3) describing in detail the Peace Corps plans, including
budgetary plans, to have 14,000 volunteers in service by 2007
while maintaining the quality of the volunteer experience,
ensuring the safety and security of all volunteers, and
providing for appropriate administrative and other support; and
``(4) describing standard security procedures for any
country in which the Peace Corps operates programs or is
considering doing so, as well as any special security
procedures contemplated because of changed circumstances in
specific countries, and assessing whether security conditions
would be enhanced--
``(A) by co-locating volunteers with international
or local nongovernmental organizations; or
``(B) with the placement of multiple volunteers in
one location.
``(b) Consultations on New Initiatives.--The Director of the Peace
Corps shall consult with the appropriate congressional committees with
respect to any major new initiatives not previously discussed in the
latest annual report submitted to Congress under subsection (a) or in
budget presentations. Whenever possible, such consultations should take
place prior to the initiation of such initiatives, or as soon as
practicable thereafter.''.
(b) One-Time Report on Student Loan Forgiveness Programs.--Not
later than 30 days after the date of enactment of this Act, the
Director shall submit to the appropriate congressional committees a
report--
(1) describing the student loan forgiveness programs
currently available to Peace Corps volunteers upon completion
of their service;
(2) comparing such programs with other Government-sponsored
student loan forgiveness programs; and
(3) recommending any additional student loan forgiveness
programs which could attract more applications from low- and
middle-income individuals who are carrying considerable
student-loan debt burdens.
(c) Annual Report to Congress on the Federal Equal Opportunity
Recruitment Program (FEORP).--Not later than 90 days after the date of
enactment of this Act and annually thereafter, the Director shall
report on the progress of the Peace Corps in recruiting historically
underrepresented groups. The Director shall prepare this report in
accordance with section 7201 of title 5, United States Code, and
subpart B of part 720 of title 5, Code of Federal Regulations.
(d) Report on Maintaining the Integrity of the Medical Screening
and Medical Placement Coordination Processes.--Not later than 120 days
after the date of enactment of this Act, the Director shall prepare and
submit to the appropriate congressional committees a report that--
(1) describes the medical screening procedures and
standards of the Office of Medical Services/Screening Unit of
the Peace Corps to determine whether an applicant for Peace
Corps service has worldwide clearance, limited clearance, a
deferral period, or is not medically, including
psychologically, qualified to serve in the Peace Corps as a
volunteer;
(2) describes the procedures and criteria for matching
applicants for Peace Corps service with a host country to
ensure that the applicant, reasonable accommodations
notwithstanding, can complete at least two years of volunteer
service without interruption to host country national projects
due to foreseeable medical conditions; and
(3) with respect to each of fiscal years 2000 through 2002
and the first six months of fiscal year 2003, states the number
of--
(A) medical screenings conducted;
(B) applicants who have received worldwide
clearance, limited clearance, deferral periods, and
medical disqualifications to serve;
(C) Peace Corps volunteers who the agency has had
to separate from service due to the discovery of
undisclosed medical information; and
(D) Peace Corps volunteers who have terminated
their service early due to medical, including
psychological, reasons.
SEC. 1103. SPECIAL VOLUNTEER RECRUITMENT AND PLACEMENT FOR CERTAIN
COUNTRIES.
(a) Report.--Not later than 60 days after the date of enactment of
this Act, the Director shall submit to the appropriate congressional
committees a report that--
(1) describes the recruitment strategies to be employed by
the Peace Corps to recruit and train volunteers with the
appropriate language skills and interest in serving in host
countries; and
(2) lists the countries that the Director has determined
should be priorities for special recruitment and placement of
Peace Corps volunteers.
(b) Use of Returned Peace Corps Volunteers and Former Staff.--The
Director is authorized and strongly urged to utilize the services of
returned Peace Corps volunteers and former Peace Corps staff who have
relevant language and cultural experience and may have served
previously in countries with substantial Muslim populations, in order
to open or reopen Peace Corps programs in such countries.
SEC. 1104. GLOBAL INFECTIOUS DISEASES INITIATIVE; COORDINATION OF HIV/
AIDS ACTIVITIES.
(a) Initiative.--
(1) In general.--The Director, in cooperation with
international public health experts, such as the Centers for
Disease Control and Prevention, the National Institutes of
Health, the World Health Organization, the Pan American Health
Organization, and local public health officials, shall expand
the Peace Corps' program of training for Peace Corps volunteers
in the areas of education, prevention, and treatment of
infectious diseases which are prevalent in host countries in
order to ensure that the Peace Corps increases its contribution
to the global campaign against such diseases.
(2) Additional requirement.--Activities for the education,
prevention, and treatment of infectious diseases in host
countries by the Peace Corps shall be undertaken in a manner
that is consistent with activities authorized under sections
104(c), 104A, 104B, and 104C of the Foreign Assistance Act of
1961.
(b) Coordination of HIV/AIDS Activities.--
(1) In general.--The Director should designate an officer
or employee of the Peace Corps who is located in the United
States to coordinate all HIV/AIDS activities within the Peace
Corps. Such individual may be an individual who is an officer
or employee of the Peace Corps on the date of the enactment of
this Act.
(2) Field coordination.--In addition to the position
established under paragraph (1), the Director should designate
an individual within each country in sub-Saharan Africa, the
Western Hemisphere, and Asia in which Peace Corps volunteers
carry out HIV/AIDS activities to coordinate all such activities
of the Peace Corps in such countries.
(c) Definitions.--In this section:
(1) AIDS.--The term ``AIDS'' means the acquired immune
deficiency syndrome.
(2) HIV.--The term ``HIV'' means the human immunodeficiency
virus, the pathogen that causes AIDS.
(3) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to
an individual, an individual who is infected with HIV or living
with AIDS.
(4) Infectious diseases.--The term ``infectious diseases''
means HIV/AIDS, tuberculosis, and malaria.
SEC. 1105. PEACE CORPS NATIONAL ADVISORY COUNCIL.
Section 12 of the Peace Corps Act (22 U.S.C. 2511; relating to the
Peace Corps National Advisory Council) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following:
``(D) make recommendations for utilizing the expertise of
returned Peace Corps volunteers and former Peace Corps staff in
fulfilling the goals of the Peace Corps; and'';
(2) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) in the first sentence--
(I) by striking ``fifteen'' and
inserting ``eleven''; and
(II) by striking ``President, by
and with the advice and consent of the
Senate'' and inserting ``Director of
the Peace Corps'';
(ii) by striking the second sentence and
inserting the following: ``Six of the members
shall be former Peace Corps volunteers, at
least one of whom shall have been a former
staff member abroad or in the Washington
headquarters, and not more than six shall be
members of the same political party.'';
(B) by striking subparagraph (B);
(C) by amending subparagraph (D) to read as
follows:
``(D) The members of the Council shall be appointed to 2-year
terms.'';
(D) in subparagraph (H), by striking ``nine'' and
inserting ``seven'';
(E) in subparagraph (I), by striking ``President
shall nominate'' and inserting ``Director shall
appoint''; and
(F) by redesignating subparagraphs (C), (D), (E),
(F), (G), (H), and (I) as subparagraphs (B), (C), (D),
(E), (F), (G), and (H), respectively; and
(3) by amending subsection (g) to read as follows:
``(g) Chair.--The Director shall designate one of the voting
members of the Council as Chair, who shall serve in that capacity for a
term of two years. The Director may renew the term of a voting member
appointed as Chair under the preceding sentence.''.
SEC. 1106. READJUSTMENT ALLOWANCES.
The Peace Corps Act is amended--
(1) in section 5(c) (22 U.S.C. 2504(c)), by striking ``$125
for each month of satisfactory service'' and inserting ``$275
for each month of satisfactory service during fiscal year 2004
and $300 for each month of satisfactory service thereafter'';
and
(2) in section 6(1) (22 U.S.C. 2505(1)), by striking ``$125
for each month of satisfactory service'' and inserting ``$275
for each month of satisfactory service during fiscal year 2004
and $300 for each month of satisfactory service thereafter''.
SEC. 1107. PROGRAMS AND PROJECTS OF RETURNED PEACE CORPS VOLUNTEERS AND
FORMER STAFF.
(a) Purpose.--The purpose of this section is to provide support for
returned Peace Corps volunteers to develop and carry out programs and
projects to promote the objectives of the Peace Corps Act, as set forth
in section 2(a) of that Act (22 U.S.C. 2501(a)).
(b) Grants to Certain Nonprofit Corporations.--
(1) Grant authority.--
(A) In general.--To carry out the purpose of this
section, and subject to the availability of
appropriations, the Director may award grants on a
competitive basis to private nonprofit corporations for
the purpose of enabling returned Peace Corps volunteers
to use their knowledge and expertise to develop and
carry out the programs and projects described in
paragraph (2).
(B) Delegation of authority and transfer of
funds.--The Director may delegate the authority to
award grants under subparagraph (A) and may transfer
funds authorized under this section subject to the
notification procedures of section 634A of the Foreign
Assistance Act of 1961 to the Chief Executive Officer
of the Corporation for National and Community Service
(referred to in this section as the ``Corporation'').
(2) Programs and projects.--Such programs and projects may
include--
(A) educational programs designed to enrich the
knowledge and interest of elementary school and
secondary school students in the geography and cultures
of other countries where the volunteers have served;
(B) projects that involve partnerships with local
libraries to enhance community knowledge about other
peoples and countries; and
(C) audio-visual projects that utilize materials
collected by the volunteers during their service that
would be of educational value to communities.
(3) Eligibility for grants.--To be eligible to compete for
grants under this section, a nonprofit corporation shall have a
board of directors composed of returned Peace Corps volunteers
and former Peace Corps staff with a background in community
service, education, or health. If the grants are made by the
Corporation, the nonprofit corporation shall meet all
appropriate Corporation management requirements, as determined
by the Corporation.
(c) Grant Requirements.--Such grants shall be made pursuant to a
grant agreement between the Peace Corps or the Corporation and the
nonprofit corporation that requires that--
(1) the grant funds will only be used to support programs
and projects described in subsection (a) pursuant to proposals
submitted by returned Peace Corps volunteers (either
individually or cooperatively with other returned volunteers);
(2) the nonprofit corporation will give consideration to
funding individual programs or projects by returned Peace Corps
volunteers, in amounts of not more than $50,000, under this
section;
(3) not more than 20 percent of the grant funds made
available to the nonprofit corporation will be used for the
salaries, overhead, or other administrative expenses of the
nonprofit corporation;
(4) the nonprofit corporation will not receive grant funds
for programs or projects under this section for a third or
subsequent year unless the nonprofit corporation makes
available, to carry out the programs or projects during that
year, non-Federal contributions--
(A) in an amount not less than $2 for every $3 of
Federal funds provided through the grant; and
(B) provided directly or through donations from
private entities, in cash or in kind, fairly evaluated,
including plant, equipment, or services; and
(5) the nonprofit corporation shall manage, monitor, and
submit reports to the Peace Corps or the Corporation, as the
case may be, on each program or project for which the nonprofit
corporation receives a grant under this section.
(d) Status of the Fund.--Nothing in this section shall be construed
to make any nonprofit corporation supported under this section an
agency or establishment of the Federal Government or to make the
members of the board of directors or any officer or employee of such
nonprofit corporation an officer or employee of the United States.
(e) Factors in Awarding Grants.--In determining the number of
nonprofit corporations to receive grants under this section for any
fiscal year, the Peace Corps or the Corporation--
(1) shall take into consideration the need to minimize
overhead costs that direct resources from the funding of
programs and projects; and
(2) shall seek to ensure a broad geographical distribution
of grants for programs and projects under this section.
(f) Congressional Oversight.--Grant recipients under this section
shall be subject to the appropriate oversight procedures of Congress.
(g) Funding.--
(1) In general.--There is authorized to be appropriated to
carry out this section up to $10,000,000. Such sum shall be in
addition to funds made available to the Peace Corps under this
division.
(2) Availability.--Amounts appropriated pursuant to
paragraph (1) are authorized to remain available until
expended.
(h) Crisis Corps.--
(1) Statement of policy.--Congress states that the Crisis
Corps has been an effective tool in harnessing the skills and
talents of returned Peace Corps volunteers.
(2) Increase in number of crisis corps assignments.--The
Director, in consultation with the governments of host
countries and appropriate nongovernmental organizations, shall
increase the number of available Crisis Corps assignments for
returned Peace Corps volunteers to at least 120 assignments in
fiscal year 2004, 140 assignments in fiscal year 2005, 160
assignments in fiscal year 2006, and 165 assignments in fiscal
year 2007.
SEC. 1108. DECLARATION OF POLICY.
Congress declares its support for the goal announced by President
Bush of doubling the number of Peace Corps volunteers to 14,000 by 2007
and supports the funding levels necessary to accomplish this growth.
SEC. 1109. PEACE CORPS IN SIERRA LEONE.
(a) Findings.--Congress makes the following findings:
(1) Peace Corps service to Sierra Leone was suspended in
1994 due to a brutal civil war between the government and the
Revolutionary United Front (RUF).
(2) Backed by British military intervention and a United
Nations peacekeeping operation, government authority has been
reestablished throughout the country and ``free and fair''
national elections took place in May 2002.
(3) Sierra Leone is a majority Muslim country.
(4) The Peace Corps has given the safety and security of
its volunteers high priority.
(b) Sense of Congress.--It is the sense of Congress that the Peace
Corps should return its program to Sierra Leone as soon as security
conditions are consistent with the safety and security of its
volunteers.
SEC. 1110. AUTHORIZATION OF APPROPRIATIONS.
Section 3(b)(1) of the Peace Corps Act (22 U.S.C. 2502(b)(1)) is
amended by striking ``and $365,000,000 fiscal year 2003'' and inserting
``$365,000,000 for fiscal year 2003, $366,868,000 for fiscal year 2004,
$411,800,000 for fiscal year 2005, $455,930,000 for fiscal year 2006,
and $499,400,000 for fiscal year 2007''.
DIVISION C--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.--
(A) For ``Protection of Foreign Missions and
Officials'', $25,000,000 for the fiscal year 2004 and
$25,000,000 for the fiscal year 2005.
(B) In addition to amounts authorized to be
appropriated by subparagraph (A), there is authorized
to be appropriated $30,600,000 for ``Protection of
Foreign Missions and Officials'' only to reimburse the
City of New York for necessary expenses incurred since
1999 for the protection of foreign missions and
officials.
(C) Notwithstanding section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2706), the Secretary is authorized to reprogram not
more than $5,000,000 of funds otherwise authorized to
be appropriated by this section for the purposes of
this paragraph.
(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 (reduced by $25,000,000)
for the fiscal year 2004 and $345,000,000 (reduced by $25,000,000) 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.
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.
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 CERTAIN AIRLIFT SERVICES PROVIDED BY
THE DEPARTMENT OF DEFENSE TO THE DEPARTMENT OF STATE.
(a) Authority.--Subsection (a) of section 2642 of title 10, United
States Code, is amended--
(1) by striking ``provided by a component of the Department
of Defense to the'' and inserting ``provided by a component of
the Department of Defense as follows:
``(1) To the''; and
(2) by adding at the end the following new paragraph:
``(2) To the Department of State for the transportation of
armored motor vehicles to a foreign country to meet unfulfilled
requirements of the Department of State for armored motor
vehicles in that foreign country.''.
(b) Conforming and Clerical Amendments.--(1) The heading for such
section is amended to read as follows:
``Sec. 2642. Airlift services provided to Central Intelligence Agency
and Department of State: reimbursement rate''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 157 of such title is amended to read as
follows:
``2642. Airlift services provided to Central Intelligence Agency and
Department of State: reimbursement rate.''.
SEC. 225. SENSE OF CONGRESS REGARDING ADDITIONAL UNITED STATES CONSULAR
POSTS.
It is the sense of the Congress that to help advance United States
economic, political, and public diplomacy interests, the Secretary of
State should make best efforts to establish consulates or other
appropriate diplomatic presence in: Pusan, South Korea; Medan,
Indonesia; and Hat Yai, Thailand.
SEC. 226. VALIDITY OF UNITED STATES PASSPORTS FOR TRAVEL TO COUNTRIES
RECEIVING UNITED STATES FOREIGN ASSISTANCE.
The first section of the Act entitled ``An Act to regulate the
issue and validity of passports, and for other purposes'', approved
July 3, 1926 (22 U.S.C. 211a) is amended by striking ``travelers.'' and
inserting ``travelers, 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.''.
SEC. 231. INTERFERENCE WITH PROTECTIVE FUNCTIONS.
(a) Offense.--Chapter 7 of title 18, United States Code, is amended
by adding at the end the following:
``Sec. 117. Interference with certain protective functions
``Whoever knowingly and willfully obstructs, resists, or interferes
with a Federal law enforcement agent engaged, within the United States
or the special maritime territorial jurisdiction of the United States,
in the performance of the protective functions authorized by section 37
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709)
or section 103 of the Diplomatic Security Act (22 U.S.C. 4802) shall be
fined under this title or imprisoned not more than one year, or
both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``117. Interference with certain protective functions.''.
SEC. 232. ISSUANCE OF CONSULAR IDENTIFICATION CARDS BY FOREIGN
MISSIONS.
(a) Issuance of Consular Identification Cards.--The Congress finds
that foreign governments have been issuing consular identification
cards to foreign nationals in the United States for purposes other than
those intended by the Vienna Convention on Consular Relations (done at
Vienna on 24 April 1963).
(b) Issuance of Consular Identification Cards.--The issuance by
foreign missions of consular identification cards shall be considered a
benefit to a foreign mission under section 203(2) of the State
Department Basic Authorities Act of 1956 and shall be regulated by the
Secretary in accordance with this section and section 204 of that Act.
(c) Authority to Issue Regulations.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State shall
issue regulations consistent with this section with respect to the
issuance by foreign missions in the United States of consular
identification cards to foreign nationals residing in the United
States.
(d) Content of Regulations.--Regulations referred to in subsection
(c) shall include the following restrictions and requirements:
(1) Notification to the united states government.--A
foreign mission shall notify the Secretary of State of each
consular identification card issued within the United States,
including the name and current address within the United States
of the recipient of a card.
(2) Issuance to bona fide citizens of the country of
origin.--A foreign mission may issue a consular identification
card only to a national of the country represented by the
foreign mission. Foreign missions shall establish procedures to
verify the nationality of card recipients through either
national birth registry systems or voter registration
identification systems, and bona fide documents such as a
passport issued by the country of origin.
(3) Maintenance of accurate and complete records.--A
foreign mission shall maintain at the mission complete and
accurate records of all consular identification cards issued
and shall maintain an automated record system that contains
such records in a manner that can be rapidly accessed to
prevent duplicate or fraudulent issuance of such cards.
(4) Address change notification requirement.--A foreign
mission shall require card recipients to notify the foreign
mission of any change of address within 30 days after such
address change.
(5) Access to audit records.--At the request of the
Secretary of State, a foreign mission shall make available for
audit and review, by the Secretary or the Inspector General of
the Department of State, the records of all consular
identification cards issued.
(e) Failure to Adhere to Regulations.--
(1) If the Secretary of State determines that a foreign
mission has issued consular identification cards in violation
of the requirements of regulations related to the issuance of
such cards by foreign missions and such violation potentially
threatens the security of the United States or facilitates
fraudulent or criminal acts, the Secretary of State shall
notify the government of the country represented by the foreign
mission that the foreign mission must suspend the issuance of
consular identification cards until compliance with applicable
regulations is established.
(2) If the foreign mission of a country fails to suspend
issuance of consular identification cards in accordance with a
notification under paragraph (1), the Secretary of State shall
direct consular officials in that country to cease the issuance
of immigrant or nonimmigrant visas, or both, to nationals of
that country until such time as the Secretary of State
determines that the foreign mission of that country is in
compliance with the requirements of regulations related to the
issuance of such cards by foreign missions.
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.
SEC. 274. ALLOCATION OF RESOURCES FOR EMBASSIES AND CONSULATES.
(a) Sense of Congress.--It is the sense of the Congress that the
Secretary of State should provide such resources, personnel, and
training at each United States Embassy and consulate as are adequate to
carry out the duties and responsibilities of such posts and to meet the
needs of those seeking services at such posts. In particular, given
Public Notice 4393 (Federal Register, July 7, 2003) which restricts the
number of waivers that can be granted for interviews of nonimmigrant
visas, the Secretary of State should provide sufficient resources,
particularly in countries that are allies of the United States, to
ensure that staff can process visa applications, including conducting
personal interviews, in a manner that is timely, while complying with
all the application requirements, including security concerns.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall submit a report
concerning the allocation of resources for embassies and consulates to
the appropriate congressional committees.
SEC. 275. NOTICE TO UNITED STATES EMBASSIES ABROAD REGARDING CHILDREN
WHO ARE THE SUBJECT OF INTERNATIONAL CHILD ABDUCTION AND
GUIDELINES RELATING TO SANCTUARY FOR SUCH CHILDREN.
(a) Notice of International Child Abduction.--The Secretary of
State shall establish procedures to ensure that appropriate United
States Embassies abroad are notified of the possible presence in that
country of any child who has been the subject of international child
abduction in violation of the order of a court in the United States.
(b) Guidelines for Sanctuary.--The Secretary of State shall
promulgate guidelines for the personnel of United States Embassies
abroad concerning procedures relating to sanctuary at such facilities
for children who are the subject of international child abduction.
SEC. 276. INADMISSIBILITY OF ALIENS SUPPORTING INTERNATIONAL CHILD
ABDUCTORS AND RELATIVES OF SUCH ABDUCTORS.
(a) In General.--Section 212(a)(10)(C)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(10)(C)(ii)) is amended--
(1) in subclause (I), by striking the comma at the end and
inserting a semicolon;
(2) in subclause (II), by striking ``, or'' at the end and
inserting a semicolon;
(3) by amending subclause (III) to read as follows:
``(III) is a spouse (other than the
spouse who is the parent of the
abducted child), child (other than the
abducted child), parent, sibling,
cousin, uncle, aunt, nephew, niece, or
grandparent of an alien described in
clause (i), is an agent of such an
alien, or is a principal employing such
an alien as an agent, if such person
has been designated by the Secretary of
State at the Secretary's sole and
unreviewable discretion; or'' and
(4) by adding at the end the following:
``(IV) is a spouse of the abducted
child described in clause (i), if such
person has been designated by the
Secretary of State at the Secretary's
sole and unreviewable discretion,
is inadmissible until such child is surrendered
to the person granted custody by the order
described in that clause, and such custodian
and child are permitted to return to the United
States or such custodian's place of
residence.''.
(b) Identification of Aliens Supporting Abductors and Relatives of
Abductors; Notice to Custodial Parents and Guardians; Annual Report;
Definitions.--Section 212(a)(10)(C) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(10)(C)) is amended by adding at the end the
following:
``(iv) Identification of aliens supporting
abductors and relatives of abductors.--In all
instances in which an alien commits an act
described in clause (i), the Secretary of State
shall take appropriate action to identify the
individuals who are inadmissible under clause
(ii).
``(v) Notice to custodial parents and
guardians.--In all instances in which an alien
commits an act described in clause (i), the
Secretary of State shall, upon request of the
person granted custody of the child concerned,
inform the person of whether, and when, any
individual who is inadmissible under clause
(ii) by reason of such act has been issued a
visa or otherwise authorized to enter the
United States.
``(vi) Annual report.--The Secretary of
State annually shall submit to the Committee on
International Relations, the Committee on
Government Reform, and the Committee on the
Judiciary of the United States House of
Representatives, and the Committee on Foreign
Relations, the Committee on Governmental
Affairs, and the Committee on the Judiciary of
the United States Senate, a report that
provides, with respect to the preceding year,
an accounting of the number of cases known to
the Secretary of State, disaggregated according
to the nationality of the alien concerned--
``(I) in which an authority under
this subparagraph was exercised (and
with respect to each such case, the
specific ground for inadmissibility
shall be specified); and
``(II) in which an authority under
this subparagraph has not been
exercised but in which an alien, after
entry of an order by a court in the
United States granting custody to a
person of a United States citizen
child, detained or retained the child,
or withheld custody of the child,
outside the United States from the
person granted custody by that order.
``(vii) Definitions.--For purposes of this
subparagraph--
``(I) the term `child' means an
individual who was a child at the time
the individual was detained or
retained, or at the time custody of the
individual was withheld, as described
in clause (i), regardless of the age or
marital status of the individual after
such time; and
``(II) the term `sibling' includes
a step-sibling or half-sibling.''.
SEC. 277. ARCHITECTURAL INTEGRITY OF UNITED STATES EMBASSIES,
CONSULATES, AND OTHER DIPLOMATIC BUILDINGS.
It is the sense of the Congress that, to the greatest extent
possible, in the construction and renovation of United States
embassies, consulates, and other diplomatic buildings, the Secretary of
State shall consider and seek to preserve the architectural integrity
and cohesiveness of the neighborhood and environs and minimize any
disruption due to the presence of the embassy, consulate, or other
diplomatic building.
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 of 1956 (22
U.S.C. 2669) is amended--
(1) at the end of subsection (n) by striking the period and
inserting ``; and''; and
(2) by inserting after subsection (o) the following new
subsection:
``(o) 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),''.
SEC. 311. TREATMENT OF TERRITORIES AND POSSESSIONS AS PART OF THE
GEOGRAPHIC UNITED STATES FOR PURPOSES OF TRANSFER
ALLOWANCES.
Notwithstanding any other provision of law, for purposes of
transfer allowances for employees of the Department of State under
section 5924(2)(B) of title 5, United States Code, the territories and
possessions of the United States, the Commonwealth of Puerto Rico, and
the Commonwealth of the Northern Mariana Islands, shall be considered
part of the geographic United States.
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.
SEC. 507. CONTRACTOR REQUIREMENTS.
(a) Findings.--The Congress finds that the overriding national
security aspects of the international programs of the International
Broadcasting Bureau require the assurance of uninterrupted logistic
support under all circumstances for the programs. Therefore, it is in
the best interests of the United States to provide a preference for
United States contractors bidding on these projects.
(b) Preference for United States Contractors.--Notwithstanding any
other provision of law, in any case where there are two or more
qualified bidders on projects of the International Broadcasting Bureau,
including design and construction projects and projects with respect to
transmitters, antennas, spare parts, and other technical equipment, all
the responsive bids of United States persons and qualified United
States joint venture persons shall be considered to be reduced by 10
percent.
(c) Exception.--
(1) Subsection (b) shall not apply with respect to any
project of the International Broadcasting Bureau when--
(A) precluded by the terms of an international
agreement with the host foreign country;
(B) a foreign bidder can establish that the foreign
bidder is a national of a country whose government
permits United States contractors and suppliers the
opportunity to bid on a competitive and
nondiscriminatory basis with its national contractors
and suppliers, on procurement and projects related to
the construction, modernization, upgrading, or
expansion of--
(i) its national public radio and
television sector,
(ii) its private radio and television
sector, to the extent that such procurement or
project is, in whole or in part, funded or
otherwise under the control of a government
agency or authority,
(C) the Secretary of Commerce certifies (in advance
of the award of the contract for that project) to the
Board of the International Broadcasting Bureau that the
foreign bidder is not receiving any direct subsidy from
any government, the effect of which would be to
disadvantage the competitive position of United States
persons who also bid on the project, or
(D) the statutes of a host foreign country prohibit
the use of United States contractors on such projects
within that country.
(2) An exception under paragraph (1)(D) shall only become
effective with respect to a foreign country 30 days after the
Secretary of State certifies 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 what specific actions
the Secretary has taken to urge the foreign country to permit
the use of United States contractors on such projects.
(d) Definitions.--For purposes of this section:
(1) The term ``United States person'' means a person that--
(A) is incorporated or otherwise legally organized
under the laws of the United States, including any
State (and any political subdivision thereof) and the
District of Columbia;
(B) has its principal place of business in the
United States;
(C) has been incorporated or otherwise legally
organized in the United States for more than 5 years
before the issuance date of the Invitation For Bids or
the Request For Proposals with respect to a project
under subsection (b);
(D) has proven, as indicated by prior contracting
experience, to possess the technical, managerial, and
financial capability to successfully complete a project
similar in nature and technical complexity to that
being contracted for;
(E)(i) employs United States citizens in at least
80 percent of its principal management positions in the
United States;
(ii) employs United States citizens in more than
half of its permanent, full-time positions in the
United States; and
(iii) will employ United States citizens in at
least 80 percent of the supervisory positions on the
project site; and
(F) has the existing technical and financial
resources in the United States to perform the contract.
(2) The term ``qualified United States joint venture
person'' means a joint venture in which a United States person
or persons own at least 51 percent of the assets of the joint
venture.
(3) The term ``responsive bid'' includes only a bid where
the bidder can establish that the United States goods and
services content, excluding consulting and management fees, of
the bidder's proposal and the resulting contract will not be
less than 55 percent of the value of the bidder's proposal and
the resulting total contract.
(e) Effective Date.--The provisions of this section shall apply to
any project with respect to which the Request For Proposals (commonly
referred to as ``RFP'') or the Invitation For Bids (commonly referred
to as ``IFB'') was issued after the date of the enactment of this Act.
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 other activities necessary to carry out the
provisions of this section.
SEC. 606. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY AND
INTERNATIONAL MEDIA.
(a) Establishment.--Section 604(a)(1) of the United States
Information and Educational Exchange Act of 1948 (22 U.S.C. 1469) is
amended to read as follows:
``(1) There is established an advisory commission to be
known as the United States Advisory Commission on Public
Diplomacy and International Media.''.
(b) Duties and Responsibilities.--Section 604(c) of the United
States Information and Exchange Act of 1948 (22 U.S.C. 1469) is amended
by adding at the end the following:
``(5) The Commission shall--
``(A) advise the Coordinator for International Free
Media on issues relating to the promotion of
international press freedoms and free media;
``(B) assist the Coordinator for International Free
Media in monitoring and assessing the status of free
media worldwide;
``(C) consult with the Coordinator on the
administration of the International Free Media Fund;
and
``(D) make policy recommendations to the President,
the Secretary of State, and Congress with respect to
matters involving international press freedoms and free
media.''.
(c) References.--Except as otherwise provided in this section or an
amendment made by this section, any reference in any statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding to the United
States Advisory Commission on Public Diplomacy or any other officer or
employee of the United States Advisory Commission on Public Diplomacy
shall be deemed to refer to the United States Advisory Commission on
Public Diplomacy and International Media established under this
section.
SEC. 607. INTERNATIONAL FREE MEDIA FUND.
(a) Establishment.--There is established an International Free
Media Fund (in this section referred to as the ``Fund'') at the
Department of State.
(b) Purposes.--The purposes of the Fund shall be--
(1) to promote the development of free and independent
media worldwide which adhere to widely accepted standards of
professional and ethical journalism and editorial practice; and
(2) to complement current efforts by the Department of
State, the United States Agency for International Development,
the Broadcasting Board of Governors, and other agencies of the
United States Government to support free and independent media
worldwide.
(c) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated to carry out the purposes
specified in subsection (b), there is authorized to be appropriated to
the Fund $15,000,000 for fiscal year 2004. Such amounts are authorized
to remain available until expended.
(d) Nonapplicability of Other Laws.--Notwithstanding any other
provision of law, funds 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. 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. 702. REPORTS CONCERNING THE CAPTURE AND PROSECUTION OF
PARAMILITARY AND OTHER TERRORIST LEADERS IN COLOMBIA.
(a) Findings.--The Congress makes the following findings:
(1) As reported in the Department of State report Patterns
of Global Terrorism 2001, the United Self-Defense Forces of
Colombia (also referred to as ``AUC'' or ``paramilitaries'')
have been designated as a foreign terrorist organization by the
United States primarily because of their increasing reliance on
terrorist methods, such as the use of massacres, to
purposefully displace segments of the population as retaliation
for allegedly supporting the AUC's rival organizations, the
Revolutionary Armed Forces of Colombia (FARC) and the National
Liberation Army (ELN) of Colombia. According to the report, the
paramilitaries also use terrorist tactics to compete for
narcotics-trafficking corridors and prime coca-growing terrain.
(2) The Department of State concluded in the 2001 Country
Report on Human Rights Practices that despite increased efforts
by the Government of Colombia to combat and capture members of
paramilitary groups, security forces sometimes illegally
collaborate with paramilitaries forces and often fail to take
action to prevent paramilitary attacks which lead to serious
abuses of human rights.
(3) In September 2002, Amnesty International, Human Rights
Watch, and the Washington Office on Latin America released a
report which argued that the Colombian Government had not made
substantial progress toward suspending officers implicated in
human rights abuses, conducting effective judicial
investigations of such abuses, or breaking the persistent links
between some units of the Colombian military and paramilitary
groups.
(4) In February 2003, the United Nations High Commissioner
for Human Rights in Colombia reported that some units of the
Colombian Security Forces continued to collude openly with
illegal paramilitary groups in operations which resulted in
violations of human rights.
(5) The Consolidated Appropriations Resolution, 2003
(Public Law 108-7) made available not less than $5,000,000 to
support a Colombian Armed Forces unit which is dedicated to
apprehending leaders of Colombian paramilitary organizations.
(b) Reports to Congress.--Not later than 30 days after the date of
enactment of this Act, and every 180 days thereafter, the Secretary of
State, after consulting with internationally recognized human rights
organizations pursuant to the procedures required in section 564(b) of
the Consolidated Appropriations Resolution, 2003, shall submit a
report, in unclassified form (with a classified annex if necessary), on
the specific measures that the Colombian authorities are taking to
apprehend effectively and prosecute aggressively leaders of
paramilitary organizations, to the Committee on International Relations
of the House of Representatives and the Committee on Foreign Relations
of the Senate.
(c) Contents of Reports.--Each report submitted pursuant to
subsection (b) shall--
(1) identify which Colombian Armed Forces units are
receiving assistance to apprehend leaders of Colombian
paramilitary organizations;
(2) describe the amount and purposes of such assistance;
(3) describe operations by Colombian security forces to
apprehend and arrest leaders of Colombian paramilitary
organizations;
(4) list the number of detentions, captures, and arrests of
leaders of Colombian paramilitary organizations, disaggregating
the number according to those detentions, captures, and arrests
which were carried out by Colombian security forces identified
under paragraph (1);
(5) briefly describe the status of investigations and
prosecutions of cases by the Colombian Attorney General's
office involving the arrests of leaders of Colombian
paramilitary organizations; and
(6) estimate the number of hours of use by the Colombian
military of helicopters provided by the United States under
Plan Colombia and successor programs to apprehend the leaders
of Colombian paramilitary organizations, as well as leaders of
the FARC and ELN, including those individuals who have United
States indictments pending against them.
SEC. 703. REPORTS RELATING TO MAGEN DAVID ADOM SOCIETY.
(a) Findings.--Section 690(a) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228) is amended by
adding at the end the following:
``(5) Since the founding of the Magen David Adom in 1930,
the American Red Cross has regarded it as a sister national
society forging close working ties between the two societies
and has consistently advocated recognition and membership of
the Magen David Adom in the International Red Cross and Red
Crescent Movement.
``(6) The American Red Cross and Magen David Adom signed an
important memorandum of understanding in November 2002,
outlining areas for strategic collaboration, and the American
Red Cross will encourage other societies to establish similar
agreements with Magen David Adom.''.
(b) Sense of Congress.--Section 690(b) of such Act is amended--
(1) in paragraph (3) after the semicolon by striking
``and'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) the High Contracting Parties to the Geneva
Conventions of August 12, 1949, should adopt the October 12,
2000, draft additional protocol which would accord
international recognition to an additional distinctive emblem;
and''.
(c) Report.--Section 690 of such Act is further amended by adding
at the end the following:
``(c) Report.--Not later than 60 days after the date of the
enactment of the Foreign Relations Authorization Act, Fiscal Years 2004
and 2005 and annually thereafter, the Secretary of State shall submit a
report, on a classified basis if necessary, to the appropriate
congressional committees describing--
``(1) efforts by the United States to obtain full
membership for the Magen David Adom in the International Red
Cross Movement;
``(2) efforts by the International Committee of the Red
Cross to obtain full membership for the Magen David Adom in the
International Red Cross Movement;
``(3) efforts of the High Contracting Parties to the Geneva
Convention of 1949 to adopt the October 12, 2000, draft
additional protocol; and
``(4) the extent to which the Magen David Adom of Israel is
participating in the activities of the International Red Cross
and Red Crescent Movement.''.
SEC. 704. REPORT CONCERNING THE RETURN OF PORTRAITS OF HOLOCAUST
VICTIMS TO THE ARTIST DINA BABBITT.
(a) Findings.--The Congress makes the following findings:
(1) Dina Babbitt (formerly known as Dinah Gottliebova), a
United States citizen, has requested the return of watercolor
portraits she painted while suffering a one and one-half year
long internment at the Auschwitz death camp during World War
II, where she was ordered to paint portraits by the infamous
war criminal Dr. Josef Mengele.
(2) Congress has previously considered the issue, under the
Foreign Relations Authorization Act, Fiscal Year 2003 (Public
Law 107-228), and urged the Administration to facilitate the
return of the paintings to Dina Babbitt.
(3) The Administration has not yet reported any progress in
furthering this goal, nor has the Secretary reported on the
status of any negotiations held with the intent of furthering
this goal.
(b) Sense of Congress.--The Congress--
(1) continues to recognize the moral right of Dina Babbitt
to obtain the artwork she created, and recognizes her courage
in the face of the evils perpetrated by the Nazi command of the
Auschwitz- Birkenau death camp, including the atrocities
committed by Dr. Josef Mengele;
(2) urges the President of the United States to make all
necessary efforts to retrieve the 7 watercolor portraits
painted by Dina Babbitt, during her internment at the Auschwitz
death camp; and
(3) urges the Secretary of State to make immediate
diplomatic efforts to facilitate the transfer of the 7 original
watercolors painted by Dina Babbitt from the Auschwitz-Birkenau
State Museum to Dina Babbitt, their rightful owner.
(c) Reporting Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees, describing all
diplomatic efforts the United States has taken to facilitate the return
of the paintings referred to in this section to Dina Babbitt.
SEC. 705. REPORT TO CONGRESS ON USE OF VESTED ASSETS.
Section 203(a) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(a)) is amended--
(1) in subparagraph (C), by inserting ``, subject to
paragraph (4),'' after ``such interest or property shall''; and
(2) by adding at the end the following:
``(4) The authority under paragraph (1)(C) to use property that has
been vested or to use assets that have been liquidated may not be
exercised until 15 days after the President has notified the Committee
on International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate of the purpose for which
such vested property or liquidated assets will be so used.''.
SEC. 706. REPORT CONCERNING THE CONFLICT IN UGANDA.
(a) Sense of Congress.--It is the sense of the Congress that the
United States should--
(1) exhaust all diplomatic means and pressures, including
the creation of a United States role in negotiating
humanitarian access to hitherto inaccessible populations which
would offer an opportunity to bring the warring parties
together to build confidence, to support an immediate peaceful
resolution to the 16-year old conflict in Northern Uganda that
has--
(A) killed an estimated 23,000 people, including
12,000 civilians,
(B) resulted in the forced abduction, sexual
servitude, and armed recruitment of between 16,000 to
26,000 Ugandan children by the Lord's Resistance Army,
a renegade army that has in the past sought refuge in
southern Sudan and raided villages in northern Uganda,
(C) displaced over 800,000 Ugandan citizens and
Sudanese refugees,
(D) resulted in the death and abduction of
humanitarian aid workers, and
(E) gravely inhibited the delivery of emergency
assistance and food aid to nearly 1 million northern
Ugandan civilians dependent on such assistance for
survival;
(2) urge rebel forces to stop the abduction of children,
urge all forces to stop the use of child soldiers, and seek the
release of all forcibly-held children;
(3) make available technical assistance resources to seek,
track, and stop funding for the Lord's Resistance Army (LRA)
from all sources and condemn all governments and organizations
who do assist the LRA;
(4) monitor and support negotiations conducted by third-
party institutions for an immediate cease-fire between the LRA
and the Ugandan Government, and to explore the possibility of
facilitating the creation of mechanisms for an international
monitoring team to enforce this cease-fire as the first step in
the process toward a permanent peace;
(5) continue supporting the Sudan Peace Process and
Danforth Initiative, which includes peace talks, donor
coordination, regional support, civilian protection and
monitoring, and cease-fire verification and consider modeling
aspects of this process in northern Uganda;
(6) make available sufficient resources to meet the
immediate relief of the towns and cities supporting large
displaced populations, including food, clean water, medicine,
shelter, and clothing;
(7) make available increased resources for assistance to
released and returned abducted children and child soldiers and
ensure that amnesty is provided when appropriate;
(8) work with other donors and the Ugandan Government to
increase resources and technical support to the Uganda Amnesty
Commission for the increased demobilization of rebel
combatants;
(9) examine ways in which development assistance can help
those living in protective villages in northern Uganda return
to and cultivate farmland; and
(10) condition military assistance to Uganda on its
international compliance with sustained troop withdrawals from
the Democratic Republic of Congo where the presence of Ugandan
armies has contributed to the violence and instability in the
region.
(b) Reports to Congress.--Not later than 180 days after the date of
the enactment of this Act, and not later than April 1 of each
subsequent year, the Secretary shall submit to the appropriate
congressional committees a report on the comprehensive actions of the
United States in seeking a peaceful and immediate solution to conflict
in northern Uganda as well as humanitarian assistance efforts to the
region, including efforts to advance each area addressed in subsection
(a).
SEC. 707. REQUIREMENT FOR REPORT ON UNITED STATES POLICY TOWARD HAITI.
(a) Findings.--Congress makes the following findings:
(1) The United States has a political and economic interest
and a humanitarian and moral responsibility in assisting the
Government and people of Haiti in resolving the country's
problems and challenges.
(2) The situation in Haiti is increasingly cause for alarm
and concern, and a sustained, coherent, and active approach by
the United States Government is needed to make progress toward
resolving Haiti's political and economic crises.
(b) Requirement for Report.--Not later than 60 days after the date
of enactment of this Act, the Secretary, in consultation with the
Secretary of the Treasury, shall submit to the appropriate
congressional committees a report that describes United States policy
toward Haiti. The report shall include the following:
(1) A description of the activities carried out by the
United States Government to resolve Haiti's political crisis
and to promote the holding of free and fair elections in Haiti
at the earliest possible date.
(2) A description of the activities that the United States
Government anticipates initiating to resolve the political
crisis and promote free and fair elections in Haiti.
(3) An assessment of whether Resolution 822 issued by the
Permanent Council of the Organization of American States on
September 4, 2002, is an appropriate framework for a
multilateral approach to resolving the political and economic
crises in Haiti.
(4) A description of the status of efforts to release the
approximately $146,000,000 in loan funds that have been
approved by the Inter-American Development Bank to Haiti for
the purposes of rehabilitating rural roads, reorganizing the
health sector, improving potable water supply and sanitation,
and providing basic education, a description of any obstacles
that are delaying the release of the loan funds, and
recommendations for overcoming such obstacles, including
whether any of the following would facilitate the release of
such funds:
(A) Establishing an International Monetary Fund
staff monitoring program in Haiti.
(B) Obtaining bridge loans or other sources of
funding to pay the cost of any arrears owed by the
Government of Haiti to the Inter-American Development
Bank.
(C) Providing technical assistance to the
Government of Haiti to permit the Government to meet
international financial transparency and other
requirements.
SEC. 708. REPORT ON THE EFFECTS OF PLAN COLOMBIA ON ECUADOR.
(a) Findings.--The Congress makes the following findings:
(1) Section 695 of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228) required the Secretary of
State to submit a report to Congress on the impact of Plan
Colombia on Ecuador and the other adjacent countries to
Colombia within 150 days after the date of the enactment of
that Act.
(2) The 150 day time period for the submission of such
report has lapsed without a report being submitted to the
Congress.
(3) There continues to be growing alarm concerning the
spillover effect of Plan Colombia on Ecuador, a frontline
state, especially in the northern region of Ecuador which
includes the Sucumbios province.
(b) Report to Congress.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall submit a report
to the appropriate congressional committees which sets forth--
(A) a statement of policy and comprehensive
strategy for United States activities in Colombia
related to the impact of Plan Colombia on Ecuador and
the other adjacent countries to Colombia; and
(B) the reasons for the failure of the Department
of State to submit the report required by section 695
of Public Law 107-228 within the time period mandated
by law.
SEC. 709. REPORT ON ACTIONS TAKEN BY PAKISTAN.
For each of fiscal years 2004 and 2005, the President shall prepare
and transmit to the appropriate congressional committees a report that
contains a description of the extent to which the Government of
Pakistan--
(1) has closed all known terrorist training camps operating
in Pakistan and Pakistani-held Kashmir;
(2) has established serious and identifiable measures to
prohibit the infiltration of Islamic extremists across the
``Line of Control'' (LoC) into India; and
(3) has ceased the transfer of weapons of mass destruction,
including any associated technologies, to any third country or
terrorist organization.
SEC. 710. REPORT ON DEMOCRACY IN THE WESTERN HEMISPHERE.
(a) Findings.--Congress finds the following:
(1) Although 34 out of 35 countries in the Western
Hemisphere have held elections for civilian leaders of
national, regional, and local governments, many of these
countries have failed to successfully develop independent
democratic institutions, transparent and accountable
governance, and effective means of guaranteeing the rule of
law, which are key components of a fully functioning democracy.
(2) The rule of law, independent democratic institutions,
and transparent, accountable governance are essential for
guaranteeing human rights, especially civil, political, and
labor rights.
(3) The rule of law, independent democratic institutions,
and transparent accountable governance are also necessary for
promoting successful economic development and reliable trading
and investment mechanisms.
(4) In part because of the lack of these three factors,
progress on human rights and economic development has lagged or
been uneven in much of the Western Hemisphere, leading some to
question the benefits of democracy itself as a path for
improving the lives of individuals in the hemisphere.
(5) For democracy to continue in many of these countries,
for human rights to improve, and for regional economic
integration to be successful, the rule of law, independent
democratic institutions, and transparent accountable governance
must be strengthened.
(6) As a strong supporter of democracy and human rights and
as an advocate of regional economic integration, it is in the
interests of the United States to enhance its efforts to
promote a deepening of democracy in the Western Hemisphere,
particularly through strengthening the rule of law, independent
democratic institutions, and transparent accountable
governance.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary, in consultation with the heads of other
Federal departments and agencies as necessary, shall prepare and submit
to the appropriate congressional committees a report on the state of
democracy in each country in the Western Hemisphere (other than the
United States and Canada). For each such country, the report shall
provide the following:
(1) A description of its system of government, including
schedule of elections, manner of judicial appointments, and
responsibilities of each branch of government.
(2) An assessment of--
(A) the state of the rule of law;
(B) the power and independence of each branch of
government and institutions;
(C) the transparence and accountability in
governance; and
(D) the effect on human rights, particularly civil
and political rights, caused by the presence (or lack
thereof) of any of the factors in subparagraphs (A)
through (C); and
(E) the effect on economic development caused by
the presence (or lack thereof) of any of the factors in
subparagraphs (A) through (C).
(3) A description of efforts to strengthen the rule of law,
independent institutions, or transparent governance in the
country, whether through local efforts or through efforts
funded or implemented by the United States, the Organization of
American States (OAS), or others.
SEC. 711. REPORT CONCERNING INTERNAL AND INTRA-REGIONAL CONFLICTS IN
THE GREAT LAKES REGION OF AFRICA.
(a) Findings.--The Congress makes the following findings:
(1) The Great Lakes region of Central Africa has a history
of colonial based ethnic divisions, political violence, and
civil wars which have perpetuated conditions conducive to
chronic poverty and turmoil over the past decade. The countries
of the Great Lakes region are heavily embroiled in the
conflicts within their neighbors borders. At different times,
the war in the Democratic Republic of Congo (DRC) has involved
more outside countries than any other contemporary war in
Africa's history, (including Angola, Rwanda, Uganda, Zimbabwe,
Burundi, Sudan, Chad, Namibia, and Central African Republic).
(2) The region is hallmarked by genocide, the recruitment
of child soldiers, war crimes, systematic rape of women and
violence directed against children, corruption, and the illegal
exploitation of natural resources on a global scale. Civil
wars, conflicts over natural resources, and structural violence
in the Great Lakes have resulted in--
(A) the death of approximately three million people
through direct and indirect causes of the war in the
DRC since 1998;
(B) the deaths of at least 800,000 people during
the 1994 genocide in Rwanda;
(C) the deaths of an estimated 300,000 people
through direct and indirect causes of the war in
Burundi since 1993;
(D) the deaths of thousands in Uganda;
(E) the forced abduction, sexual servitude, and
armed recruitment of thousands of children;
(F) the displacement of millions of Ugandan,
Burundian, Congolese, Rwandan, and Sudanese refugees;
(G) the death and abduction of humanitarian aid
workers throughout the region; and
(H) grave disruptions in the delivery of emergency
assistance and food aid to millions of civilians in
northern Uganda, eastern Congo, and Burundi dependent
on such assistance for survival.
(b) Sense of Congress.--It is the sense of the Congress that the
United States should--
(1) exhaust all diplomatic means and utilize all foreign
policy instruments to help peacefully resolve conflicts in the
Great Lakes region by supporting both national and regional
political, economic, and social initiatives conducive to
fostering African-led peace, reconstruction, and political and
economic institutional and structural transformation processes
in Uganda, Rwanda, Burundi, and the Democratic Republic of
Congo;
(2) urge all rebel forces to stop the abduction of
children, urge all armed forces to stop the use of child
soldiers, and seek the release of all forcibly-held children;
(3) make available technical assistance resources to seek,
track, and stop funding for all armed extremist paramilitary
and militarist rebel organizations from all sources and condemn
all governments and organizations who do assist such groups;
(4) monitor and support negotiations conducted by third-
party institutions for an immediate end of armed actions
between: The LRA and the Ugandan Government; the RCD factions
and MLC and the government of Democratic Republic of the Congo
under the terms of the Lusaka Accords; the FDD and the
Burundian Government under the terms of the Arusha Accords;
(5) explore the possibility of facilitating the creation of
mechanisms for an international monitoring team to enforce
cease-fires as the first step in the process toward a permanent
peace in the region;
(6) continue supporting the Sudan Peace Process, the
Danforth Initiative, the Lusaka Accords, and the Arusha Accords
which includes peace talks, donor coordination, regional
support, civilian protection and monitoring, and cease-fire
verification;
(7) make available sufficient resources to meet the
immediate relief needs of the towns and cities in the Great
Lakes region supporting large displaced populations, including
food, clean water, medicine, shelter, and clothing;
(8) make available increased resources for assistance to
released and returned abducted children and child soldiers in
the Great Lakes Region and ensure that amnesty is provided when
appropriate;
(9) work with other donors and the Governments of Uganda,
Burundi, Rwanda, and the Democratic Republic of Congo to
increase resources and technical support to both regional and
national combatant demobilization entities such as the Uganda
Amnesty Commission in Uganda and equivalent entities in
Burundi, Rwanda, and the Democratic Republic of Congo for the
increased demobilization of rebel combatants;
(10) examine ways in which development assistance (DA) can
help those living in protective villages in northern Uganda,
eastern Congo, and other demilitarized areas in Rwanda and
Burundi to return to and cultivate farmland;
(11) condition military assistance to any nation which acts
to destabilize the DRC by violating international agreements
regarding sustained troop withdrawals and respect for the
territorial integrity of the DRC; and
(12) direct the Secretary of State to appoint a special
envoy to the Great Lakes region to oversee cross-cutting
security and economic policies in the region.
(c) Reports to Congress.--Not later than 180 days after the date of
the enactment of this Act, and not later than April 1 of each
subsequent year, the Secretary should submit to the appropriate
congressional committees a report on the comprehensive actions taken by
the United States in promoting peaceful and immediate solutions to the
internal and intra-regional conflicts in the Great Lakes region,
including taking steps to bring an end to the illegal exploitation and
international trade of natural resources from the Democratic Republic
of Congo; supporting bilateral and multilateral peace keeping
initiatives; the promotion of regional economic integration; the
promotion of broad based democratic political processes based on the
rule of law; the promotion of women and other previously disadvantaged
communities as equal political and economic stakeholders in societies;
and humanitarian assistance efforts in the region, including efforts to
advance each area addressed in subsection (a).
SEC. 712. REPORT CONCERNING OBSERVER STATUS FOR TAIWAN AT THE SUMMIT OF
THE WORLD HEALTH ASSEMBLY.
Not later than 30 days after the date of the enactment of this Act,
and not later than April 1 of each year thereafter, the Secretary of
State shall submit a report to the Congress, in unclassified form,
describing the United States plan to endorse and obtain observer status
for Taiwan at the annual week-long summit of the World Health Assembly
(WHA) held by the World Health Organization (WHO) in May of each year
in Geneva, Switzerland. Each report shall include the following:
(1) An account of the efforts the Department of State has
made, following the previous year's meeting of the World Health
Assembly to enourage WHO member states to promote Taiwan's bid
to obtain observer status.
(2) The steps the Department of State will take to endorse
and obtain observer status at the forthcoming annual meeting of
the World Health Assembly in Geneva, Switzerland.
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 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.
(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 conclude 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; and
(2) 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. 731. 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. 732. 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. 733. 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. 734. 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.
SEC. 735. SENSE OF CONGRESS CONCERNING THE TIMELY ISSUANCE OF VISAS FOR
RUSSIAN WEAPONS SCIENTISTS INVOLVED IN ARMS CONTROL AND
NONPROLIFERATION EXCHANGES WITH THE UNITED STATES.
(a) Findings.--Congress makes the following findings:
(1) The United States visa approval system has in the past
lacked proper oversight, coordination, and supervision. A more
systematic, stringent, and rigorous evaluation system for visa
approvals is clearly in the best interests of the United
States.
(2) Many distinguished scholars, professors, researchers,
and foreign associates of United States national academies have
been prevented by visa delays from entering the United States
for engagements at major conferences, meetings, and teaching
invitations at American universities.
(3) Research collaborators for United States laboratories
have also been prevented from entering the United States. Their
absence halts projects and compromises United States
commitments in long-standing international cooperative
agreements aimed at reducing stockpiles of weapons of mass
destruction.
(4) Visa restrictions came within one day of forcing the
cancellation of an important meeting in Washington, D.C. of the
National Academy of Sciences Committee on United States Russian
Cooperation on Nuclear Non-Proliferation.
(5) Russian weapons scientists involved in nuclear non-
proliferation cooperative efforts with the United States are
critical to American efforts to ensure that nuclear weapons-
grade materials remain under control and out of the hands of
terrorists.
(6) In a December 2002 statement, the Presidents of the
National Academy of Sciences, the National Academy of
Engineering, and the Institute of Medicine found that a United
States approach to visas that welcomes qualified foreign
scientists, engineers, health professionals, and students
serves national goals in three distinct ways:
(A) It harnesses international cooperation for
counterterrorism.
(B) It builds stronger allies through scientific
and technical cooperation.
(C) It maintains United States global leadership in
science and technology.
(7) The Presidents of the National Academy of Sciences, the
National Academy of Engineering, and the Institute of Medicine
have found that current United States policy toward granting
visas, to foreign scientists is harmful to the United States
scientific community and to the longterm well-being of the
United States. They stated on December 13, 2002, that ``To make
our nation safer, it is extremely important that our visa
policy not only keep out foreigners who intend to do us harm,
but also facilitate the acceptance of those who bring us
considerable benefit. Recent efforts by our government to
constrain the flow of international visitors in the name of
national security are having serious unintended consequences
for American science, engineering, and medicine. The long-term
security of the United States depends on admitting scholars who
benefit our nation. In short, the United States scientific,
engineering, and health communities cannot hope to maintain
their present position of international leadership if they
become isolated from the rest of the world. We view this as an
urgent matter, one that must be promptly addressed if the
United States is to meet both its national security and
economic development goals.''.
(8) Currently, consular officials send many visa
applications back to the United States for sequential security
clearances by several agencies, which may lead to long delays
in visa processing. Consular officers are subject to criminal
penalties if they grant a visa to a person who subsequently
commits a terrorist act in the United States. However, there
are currently no incentives for consular officers to facilitate
scientific exchanges, which may advance the national interest
of the United States.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) to the extent possible and consistent with national
security objectives, the United States should expedite the
processing of granting visas to Russian weapons scientists,
especially those participating in bilateral weapon disarmament
talks, negotiations, and exchanges, to enable them to
participate in cooperative nonproliferation activities with
their counterparts in the United States, and
(2) the Department of State is encouraged to consider
streamlining the process of granting visas for such scientists
as follows:
(A) Reinstate a procedure of pre-security clearance
for scientists and engineers with the proper
credentials.
(B) Involve the United States scientific and
technical community in determining areas of particular
security concern.
SEC. 736. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) Period of Designation.--Section 219(a)(4) of the Immigration
and Nationality Act (8 U.S.C. 1189(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``Subject to paragraphs (5) and
(6), a'' and inserting ``A''; and
(B) by striking ``for a period of 2 years beginning
on the effective date of the designation under
paragraph (2)(B)'' and inserting ``until revoked under
paragraph (5) or (6) or set aside pursuant to
subsection (c)'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary shall
review the designation of a foreign terrorist
organization under the procedures set forth in
clauses (iii) and (iv) if the designated
organization files a petition for revocation
within the petition period described in clause
(ii).
``(ii) Petition period.--For purposes of
clause (i)--
``(I) if the designated
organization has not previously filed a
petition for revocation under this
subparagraph, the petition period
begins 2 years after the date on which
the designation was made; or
``(II) if the designated
organization has previously filed a
petition for revocation under this
subparagraph, the petition period
begins 2 years after the date of the
determination made under clause (iv) on
that petition.
``(iii) Procedures.--Any foreign terrorist
organization that submits a petition for
revocation under this subparagraph must provide
evidence in that petition that the relevant
circumstances described in paragraph (1) have
changed in such a manner as to warrant
revocation with respect to the organization.
``(iv) Determination.--
``(I) In general.--Not later than
180 days after receiving a petition for
revocation submitted under this
subparagraph, the Secretary shall make
a determination as to such revocation.
``(II) Classified information.--The
Secretary may consider classified
information in making a determination
in response to a petition for
revocation. Classified information
shall not be subject to disclosure for
such time as it remains classified,
except that such information may be
disclosed to a court ex parte and in
camera for purposes of judicial review
under subsection (c).
``(III) Publication of
determination.--A determination made by
the Secretary under this clause shall
be published in the Federal Register.
``(IV) Procedures.--Any revocation
by the Secretary shall be made in
accordance with paragraph (6).''; and
(3) by adding at the end the following:
``(C) Other review of designation.--
``(i) In general.--If in a 4-year period no
review has taken place under subparagraph (B),
the Secretary shall review the designation of
the foreign terrorist organization in order to
determine whether such designation should be
revoked pursuant to paragraph (6).
``(ii) Procedures.--If a review does not
take place pursuant to subparagraph (B) in
response to a petition for revocation that is
filed in accordance with that subparagraph,
then the review shall be conducted pursuant to
procedures established by the Secretary. The
results of such review and the applicable
procedures shall not be reviewable in any
court.
``(iii) Publication of results of review.--
The Secretary shall publish any determination
made pursuant to this subparagraph in the
Federal Register.''.
(b) Aliases.--Section 219 of the Immigration and Nationality Act (8
U.S.C. 1189) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a designation
under this subsection if the Secretary finds that the
organization has changed its name, adopted a new alias,
dissolved and then reconstituted itself under a different name
or names, or merged with another organization.
``(2) Procedure.--Amendments made to a designation in
accordance with paragraph (1) shall be effective upon
publication in the Federal Register. Subparagraphs (B) and (C)
of subsection (a)(2) shall apply to an amended designation upon
such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and
(8) of subsection (a) shall also apply to an amended
designation.
``(3) Administrative record.--The administrative record
shall be corrected to include the amendments as well as any
additional relevant information that supports those amendments.
``(4) Classified information.--The Secretary may consider
classified information in amending a designation in accordance
with this subsection. Classified information shall not be
subject to disclosure for such time as it remains classified,
except that such information may be disclosed to a court ex
parte and in camera for purposes of judicial review under
subsection (c).''.
(c) Technical and Conforming Amendments.--Section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(B), by striking ``subsection
(b)'' and inserting ``subsection (c)'';
(B) in paragraph (6)(A)--
(i) in the matter preceding clause (i), by
striking ``or a redesignation made under
paragraph (4)(B)'' and inserting ``at any time,
and shall revoke a designation upon completion
of a review conducted pursuant to subparagraphs
(B) and (C) of paragraph (4)''; and
(ii) in clause (i), by striking ``or
redesignation'';
(C) in paragraph (7), by striking ``, or the
revocation of a redesignation under paragraph (6),'';
and
(D) in paragraph (8)--
(i) by striking ``, or if a redesignation
under this subsection has become effective
under paragraph (4)(B),''; and
(ii) by striking ``or redesignation''; and
(2) in subsection (c), as so redesignated--
(A) in paragraph (1), by striking ``of the
designation in the Federal Register,'' and all that
follows through ``review of the designation'' and
inserting ``in the Federal Register of a designation,
an amended designation, or a determination in response
to a petition for revocation, the designated
organization may seek judicial review'';
(B) in paragraph (2), by inserting ``, amended
designation, or determination in response to a petition
for revocation'' after ``designation'';
(C) in paragraph (3), by inserting ``, amended
designation, or determination in response to a petition
for revocation'' after ``designation''; and
(D) in paragraph (4), by inserting ``, amended
designation, or determination in response to a petition
for revocation'' after ``designation'' each place that
term appears.
(d) Savings Provision.--For purposes of applying section 219 of the
Immigration and Nationality Act on or after the date of enactment of
this Act, the term ``designation'', as used in that section, includes
all redesignations made pursuant to section 219(a)(4)(B) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior to the
date of enactment of this Act, and such redesignations shall continue
to be effective until revoked as provided in paragraph (5) or (6) of
section 219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)).
SEC. 737. SENSE OF CONGRESS RELATING TO REGARDING SECURITY FOR TAIWAN.
(a) Findings.--Congress finds the following:
(1) For over half a century a close relationship has
existed between the United States and Taiwan which has been of
enormous economic, cultural, and strategic advantage to both
countries.
(2) Taiwan today is a full-fledged democracy with a vibrant
economy and a vigorous multi-party political system that
respects human rights and the rule of law.
(3) Taiwan is an ally of the United States, as most
recently evidenced by Taiwan's provision of humanitarian and
financial assistance to Afghanistan at the request of the
United States and its support for Operation Iraqi Freedom.
(4) The security of the 23 million people in Taiwan is
threatened by the deployment by the People's Republic of China
of over 400 short-range ballistic missiles targeted at Taiwan,
and the purchase by the PRC of advanced weaponry systems,
including Su-27 and Su-30 fighter planes, Kilo submarines, and
Sovremenny destroyers.
(5) Taiwan was threatened by missile exercises conducted by
the PRC in August 1995 and again in March 1996 when Taiwan was
conducting its first free and direct presidential elections.
(6) Section 2(b)(4) of the Taiwan Relations Act (22 U.S.C.
3301(b)(4)) considers any effort to determine the future of
Taiwan by other than peaceful means, including by boycotts or
embargoes, a threat to the peace and security of the Western
Pacific area and of grave concern to the United States.
(7) Section 2(b)(6) of the Taiwan Relations Act (22 U.S.C.
3301(b)(6)) requires the United States to maintain the capacity
to resist any resort to force or other forms of coercion that
would jeopardize the security, or the social or economic
system, of the people on Taiwan.
(8) In his January 17, 2001, confirmation hearing as
Secretary of State, General Colin Powell stated that ``We will
stand by Taiwan and will provide for the defense needs of
Taiwan in accordance with the Taiwan Relations Act and the
subsequent communiques.''.
(9) President Bush stated on April 24, 2001, that the
United States will do whatever it takes to help Taiwan defend
itself.
(10) In his testimony before the International Relations
Committee of the House of Representatives and the Foreign
Relations Committee of the Senate in February and March of
2002, Admiral Dennis Blair of the United States Pacific Command
testified that ``China continued to build and exercise its
force of short-range ballistic missiles ranging Taiwan. It
still seeks to develop a range of military options to influence
and intimidate Taiwan, and has not abandoned the option of
using force to resolve Taiwan's status.''.
(11) The July 2002 U.S.-China Economic and Security Review
Commission report to Congress stated that ``China is enhancing
its capability to carry out attacks across the Taiwan Strait
with its special operations forces, air forces and navy and
missiles forces with little notice,'' and ``the Commission
recommends that the U.S. along with its allies should continue
to call upon China to renounce the threat of or the use of
force against Taiwan.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) grave concerns exist concerning the deployment by the
People's Republic of China of hundreds of ballistic missiles
directed toward Taiwan, which threaten the security and
stability in the Taiwan Strait;
(2) the President should direct all appropriate United
States officials to raise these concerns with the appropriate
officials from the People's Republic of China, and should seek
a public, immediate, and unequivocal renunciation from the
leaders of the People's Republic of China of any threat or use
of force against Taiwan;
(3) the President should affirm with the leaders of the
People's Republic of China that there will not be a quid pro
quo between the dismantling of missiles aimed at Taiwan by the
People's Republic of China, and arms sales to Taiwan by the
United States;
(4) China should dismantle the missiles that threaten
Taiwan, otherwise the President should authorize the sale of
the Aegis system to Taiwan, which would enable Taiwan to defend
itself against the threat of a missile attack by China; and
(5) the future of Taiwan should be determined peacefully
and with the express consent of the people of Taiwan.
SEC. 738. SENSE OF CONGRESS IN APPRECIATION OF THE ARMED FORCES OF THE
UNITED STATES AND REGARDING RESTORING STABILITY AND
SECURITY IN IRAQ.
(a) Findings.--The Congress makes the following findings:
(1) The United States, with the support of forces from
Great Britain and other countries, historically and
courageously liberated Iraq in three weeks.
(2) Conditions on the ground in parts of Iraq continue to
pose a grave threat to American troops, thereby complicating
efforts to restore law and order and essential public services
for Iraqis. Such efforts are further complicated by the absence
of effective communications with the Iraqi people.
(3) Ultimately, maintaining law and order in Iraq and
preserving its territorial integrity will require the creation
of a professionally trained Iraqi police force and a reformed
Iraqi military; however, that will take a significant amount of
time and in the meantime international armed forces and police
must assume these responsibilities.
(4) Approximately 145,000 United States troops are
currently deployed in Iraq, meaning that American troops
comprise roughly 90 percent of Coalition forces. If, as the
Department of Defense has stated, an additional 10,000
international troops join the Coalition effort in Iraq by
September, Americans will still comprise roughly 85 percent of
Coalition forces.
(5) Maintaining the existing force level in Iraq currently
requires $3,900,000,000 each month.
(6) The Department of Defense has stated that it will
require one year to train a new Iraqi Army of 12,000 soldiers
and three years to train 40,000 soldiers.
(7) The Coalition Provisional Authority has stated that it
will require at least one year to recruit and train a police
force of 40,000 officers capable of assuming minimal policy
functions in Iraq, that it will require five years to recruit
and train a full force of 75,000 officers, and that at least
5500 additional international police are needed to train,
assist, and jointly patrol with the existing Iraqi police
force.
(8) President Bush has noted that ``The rise of Iraq, as an
example of moderation and democracy and prosperity, is a
massive and long-term undertaking,'' and it is clear that
increasing the number of troops and police from countries other
than the United States will reduce risks to American soldiers
and the financial cost to the United States.
(9) Secretary Rumsfeld testified that ``We certainly want
assistance from NATO and from NATO countries'' and it is clear
that involving the North Atlantic Treaty Organization, as is
being done in Afghanistan and has been done in Kosovo and
Bosnia, allows the Coalition to maintain a robust military
presence while decreasing the exposure and risk to American
troops.
(10) Rebuilding Iraq's neglected infrastructure and economy
and administering Iraq--including providing basic services and
paying public sector salaries--is likely to require tens of
billions of dollars over several years and projected Iraqi oil
revenues will be insufficient to meet these costs.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national security interests of the United
States to remain engaged in Iraq in order to ensure a peaceful,
stable, unified Iraq with a representative government;
(2) the President should consider requesting formally and
expeditiously that the North Atlantic Treaty Organization
(NATO) raise a force for deployment in post-war Iraq similar to
what it has done in Afghanistan, Bosnia, and Kosovo and the
Congress urges NATO allies and other nations to provide troops
and police to Coalition efforts in Iraq; and
(3) the President should consider calling on the United
Nations to urge its member states to provide military forces
and civilian police to promote stability and security in Iraq
and resources to help rebuild and administer Iraq.
SEC. 739. ATTACKS ON UNITED STATES CITIZENS BY PALESTINIAN TERRORISTS.
(a) Findings.--Congress finds the following:
(1) Since Yasser Arafat renounced violence in the Oslo
Peace Accords on September 13, 1993, at least 41 United States
citizens have been murdered by Palestinian terrorists and one
United States citizen miscarried after being stabbed in a
Palestinian terrorist attack.
(2) On December 1, 1993, in a drive-by shooting north of
Jerusalem, Hamas killed United States citizen Yitzhak
Weinstock, 19, whose family came from Los Angeles.
(3) On October 9, 1994, Hamas kidnapped and murdered United
States citizen Nachshon Wachsman, 19, whose family came from
New York City.
(4) On April 9, 1995, an Islamic Jihad bomb attack on a bus
near Kfar Darom killed United States citizen Alisa Flatow, 20,
from West Orange, New Jersey.
(5) On August 21, 1995, in a Hamas bus bombing in
Jerusalem, United States citizen Joan Davenny, from New Haven,
Connecticut, was killed.
(6) On September 9, 1995, Mara Frey of Chicago was stabbed
in Ma'ale Michmash resulting in her unborn child's death.
(7) On February 25, 1996, three United States citizens,
Sara Duker of Teaneck, New Jersey, Matthew Eisenfeld of West
Hartford, Connecticut, and Ira Weinstein of New York City, were
killed in a Hamas bus bombing in Jerusalem.
(8) On May 13, 1996, United States citizen David Boim, 17,
of New York City, was killed in a drive-by shooting near Beit
El, north of Jerusalem.
(9) On June 9, 1996, United States citizen Yaron Ungar was
killed in a drive by-shooting near Beit Shemesh.
(10) On July 30, 1997, United States citizen Leah Stern of
Passaic, New Jersey, was killed in a Hamas bombing in
Jerusalem's Mahane Yehuda market.
(11) On September 4, 1997, a Hamas bombing on Ben-Yehuda
Street, Jerusalem, killed Yael Botwin, 14, of Los Angeles.
(12) On April 19, 1998, an attack near the Israeli town of
Maon killed United States citizen Dov Dribben, 28.
(13) On October 8, 2000, Rabbi Hillel Lieberman, 36, of New
York City, was stabbed and killed near Nablus.
(14) On October 30, 2000, United States citizen Esh-Kodesh
Gilmore, 25, was shot in Jerusalem.
(15) On December 31, 2000, Rabbi Binyamin Kahane, 34, and
his wife, Talia Hertzlich Kahane, both formerly of New York
City, were killed in a drive-by shooting near Ofra.
(16) On May 9, 2001, Jacob ``Koby'' Mandell, 13, of Silver
Spring, Maryland, was killed in an attack near Tekoah.
(17) On May 29, 2001, Sarah Blaustein, 53, of Lawrence, New
York, was killed in a drive-by shooting near Efrat.
(18) On August 9, 2001, two United States citizens, Judith
L. Greenbaum, 31, and Malka Roth, 15, were killed in the
Jerusalem Sbarro pizzeria bombing.
(19) On November 4, 2001, Shoshana Ben-Yishai, 16, of New
York City, was shot and killed during an attack on a Jerusalem
bus.
(20) On January 15, 2002, Avraham Boaz, 72, of New York
City, was killed in a shooting near Bethlehem.
(21) On January 18, 2002, United States citizen Aaron Elis,
32, was killed in a shooting in Hadera.
(22) On February 15, 2002, United States citizen Lee
Akunis, was shot and killed near Ramallah.
(23) On February 16, 2002, Keren Shatsky, 14, of New York
City and Maine, and Rachel Thaler, 16, of Baltimore, Maryland,
were killed in a bombing in Karnei Shomron.
(24) On February 25, 2002, United States citizen Moran
Amit, 25, was stabbed and killed in Abu Tor Peace Forest,
Jerusalem.
(25) On March 24, 2002, Esther Kleinman, 23, formerly of
Chicago, was shot and killed near Ofra.
(26) On March 27, 2002, United States citizen Hannah Rogen,
90, was killed in a bombing at a hotel Passover seder in
Netanya.
(27) On June 18, 2002, Moshe Gottlieb, 70, of Los Angeles,
was killed in a bus bombing in Jerusalem.
(28) On June 19, 2002, United States citizen Gila Sara
Kessler, 19, was killed in a bombing at a Jerusalem bus stop.
(29) On July 31, 2002, five United States citizens were
killed in a bombing of a Hebrew University cafeteria: Marla
Bennett, 24, of San Diego, Benjamin Blutstein, 25, of
Susquehanna Township, Pennsylvania, Janis Ruth Coulter, 36, of
Massachusetts, David Gritz, 24, of Peru, Massachusetts (and of
dual French-United States citizenship), and Dina Carter, 37, of
North Carolina.
(30) On March 5, 2003, Abigail Leitel, 14, who was born in
Lebanon, New Hampshire, died in a bus bombing in Haifa.
(31) On March 7, 2003, United States citizens Rabbi Eli
Horowitz, 52, who grew up in Chicago, and Dina Horowitz, 50,
who grew up in Florida, were killed in their home.
(32) On June 11, 2003, United States citizen Alan Beer, 47,
who grew up in Cleveland, was killed in bus bombing in
Jerusalem.
(33) On June 20, 2003, United States citizen Tzvi
Goldstein, 47, originally from New York City, was shot and
killed in an attack while driving through the West Bank.
(34) At least another 79 United States citizens have been
injured in Palestinian terrorist attacks.
(b) Statements of Policy.--Congress--
(1) condemns the attacks on United States citizens by
Palestinian terrorists;
(2) calls on the Palestinian Authority to work with Israel
to protect all innocent individuals, regardless of citizenship,
from terrorist atrocities;
(3) offers its condolences to the families and loved ones
of United States citizens who were killed by Palestinian
terrorist attacks; and
(4) calls on the Secretary of State to include a listing of
the killing of every United States citizen by terrorists in the
``Chronology of Significant Terrorist Incidents'', as included
in the Department of State's Patterns of Global Terrorism
Report issued after the date of the enactment of this Act.
SEC. 740. SENSE OF CONGRESS AND REPORT CONCERNING WASTEWATER TREATMENT
AND THE INTERNATIONAL BOUNDARY AND WATER COMMISSION,
UNITED STATES AND MEXICO.
(a) Findings.--The Congress finds as follows:
(1) The failure by the International Boundary and Water
Commission, United States and Mexico, to complete negotiations
on a new Treaty Minute with Mexico, as directed by Congress in
Public Law 106-457, has endangered the health of the residents
of San Diego County.
(2) The continued flow of Mexican sewage on San Diego,
California, beaches has caused extensive and persistent beach
closings thereby causing economic hardship to the local
economy.
(3) The International Boundary and Water Commission has
shown insignificant progress in negotiations with Mexico.
(b) Sense of Congress.--It is the sense of the Congress that the
United States Section of the International Boundary and Water
Commission shall make treaty negotiations with Mexico on the
establishment of a public-private partnership to construct and operate
a wastewater treatment facility in Mexico as outlined in Public Law
106-457 a priority.
(c) Report to Congress.--The United States Section of the
International Boundary and Water Commission, United States and Mexcio,
shall submit monthly reports to the appropriate congressional
committees concerning progress in negotiations on a new Treaty Minute
with Mexico.
SEC. 741. SENSE OF CONGRESS REGARDING ALLOCATION OF RESOURCES FOR THE
DEPARTMENT OF STATE AS THE CENTRAL AUTHORITY FOR THE
UNITED STATES UNDER THE HAGUE CONVENTION ON INTERCOUNTRY
ADOPTION.
It is the sense of the Congress that the Department of State should
direct significant resources to their new role as the central authority
for the United States under the Hague Convention on Intercountry
Adoption.
SEC. 742. TRANSFER OF VIETNAM-ERA CESSNA L-19D BIRD DOG AIRCRAFT TO
ARMY AVIATION HERITAGE FOUNDATION.
(a) Authority To Convey.--The Secretary of State may convey,
without consideration, to the Army Aviation Heritage Foundation, a
nonprofit organization incorporated in the State of Georgia, all right,
title, and interest of the United States in and to a Vietnam-era Cessna
L-19D Bird Dog aircraft (serial No. 24020, National registration number
N32FL)(in this section referred to as the ``aircraft'') that is excess
to the needs of the Department of State. The conveyance shall be made
by means of a conditional deed of gift
(b) Condition of Aircraft.--The aircraft shall be conveyed in its
current ``as is'' condition. The Secretary is not required to repair or
alter the condition of the aircraft before conveying ownership of the
aircraft.
(c) Condition on Conveyance.--The Secretary shall include in the
instrument of conveyance of the aircraft the following conditions:
(1) The Army Aviation Heritage Foundation may not convey
any ownership interest in, or transfer possession of, the
aircraft to any other party without the prior approval of the
Secretary.
(2) The Army Aviation Heritage Foundation shall operate and
maintain the aircraft in compliance with all applicable
limitations and maintenance requirements imposed by the
Administrator of the Federal Aviation Administration.
(d) Reverter Upon Breach of Conditions.--If the Secretary
determines at any time that the Army Aviation Heritage Foundation has
conveyed an ownership interest in, or transferred possession of, the
aircraft to any other party without the prior approval of the
Secretary, all right, title, and interest in and to the aircraft,
including any repair or alteration of the aircraft, shall revert to the
United States, and the United States shall have the right of immediate
possession of the aircraft.
(e) Conveyance at No Cost to the United States.--The conveyance of
the aircraft shall be made at no cost to the United States. Any costs
associated with the conveyance and costs of operation and maintenance
of the aircraft conveyed shall be borne by the Army Aviation Heritage
Foundation.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with a conveyance
under this section as the Secretary considers appropriate to protect
the interests of the United States.
(g) Clarification of Liability.--Notwithstanding any other
provision of law, upon the conveyance of ownership of the aircraft to
the Army Aviation Heritage Foundation, the United States shall not be
liable for any death, injury, loss, or damage that results from any use
of that aircraft by any person other than the United States.
SEC. 743. STATEMENT OF POLICY RELATING TO DEMOCRACY IN IRAN.
(a) Findings.--Congress finds the following:
(1) Iran is neither free nor democratic. Men and women are
not treated equally in Iran, women are legally deprived of
internationally recognized human rights, and religious freedom
is not respected under the laws of Iran. Undemocratic
institutions, such as the Guardians Council, thwart the
decisions of elected leaders.
(2) The April 2003 report of the Department of State states
that Iran remained the most active state sponsor of terrorism
in 2002.
(3) That report also states that Iran continues to provide
funding, safe-haven, training and weapons to known terrorist
groups, notably Hizballah, HAMAS, the Palestine Islamic Jihad,
and the Popular Front for the Liberation of Palestine.
(b) Policy.--It is the policy of the United States that--
(1) currently, there is not a free and fully democratic
government in Iran;
(2) the United States supports transparent, full democracy
in Iran;
(3) the United States supports the rights of the Iranian
people to choose their system of government; and
(4) the United States condemns the brutal treatment,
imprisonment and torture of Iranian civilians expressing
political dissent.
SEC. 744. SENSE OF CONGRESS REGARDING THE EXTRADITION OF VIOLENT
CRIMINALS FROM MEXICO TO THE UNITED STATES.
(a) Findings.--The Congress finds as follows:
(1) The Mexican Supreme Court ruled in October 2001 that
Mexico will not extradite criminals who face life sentences in
the United States.
(2) Due to this ruling, the United States has been unable
to prosecute numerous suspects wanted for violent crimes that
they committed in the United States if there is a possibility
that these criminals will face life imprisonment.
(3) The person or persons responsible for the April 29,
2002, murder of Los Angeles County Sheriff Deputy David March
is believed to have fled to Mexico to avoid prosecution for a
possible life imprisonment.
(4) The attorneys general from all 50 States have asked
United States Attorney General John Ashcroft and Secretary of
State Colin Powell to continue to address this extradition
issue with their counterparts in Mexico.
(5) The Governments of the United States and Mexico have
experienced positive cooperation on numerous matters relevant
to their bilateral relationship.
(6) The Mexican Minister of Foreign Affairs has been
demonstrating to the Mexican Supreme Court the international
ramifications of the Court's October 2001 ruling.
(b) Sense of Congress.--It is the sense of Congress that the United
States Government should encourage the Mexican Government to work
closely with the Mexican Supreme Court to persuade the Court to
reconsider its October 2001 ruling so that the possibility of life
imprisonment will not have an effect on the timely extradition of
criminal suspects from Mexico to the United States.
DIVISION D--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''.
SEC. 1313. CONDITION ON THE PROVISION OF CERTAIN FUNDS TO INDONESIA.
(a) Condition on Assistance.--Subject to subsection (c), no funds
made available under section 23 of the Arms Export Control Act (22
U.S.C. 2763) or chapter 5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2347 et seq.) in fiscal year 2004, other than funds
made available for expanded military education and training under such
chapter, may be available for a program that involves the Government of
Indonesia or the Indonesian Armed Forces until the President makes the
certification described in subsection (b).
(b) Certification.--The certification referred to in subsection (a)
is a certification submitted by the President to the appropriate
congressional committees that the Government of Indonesia and the
Indonesian Armed Forces are taking effective measures, including
cooperating with the Director of the Federal Bureau of Investigation--
(1) to conduct a full investigation of the attack on United
States citizens in West Papua, Indonesia on August 31, 2002;
and
(2) to criminally prosecute the individuals responsible for
such attack.
(c) Limitation.--Nothing in this section shall prohibit the United
States Government from continuing to conduct programs or training with
the Indonesian Armed Forces, including counterterrorism training,
officer visits, port visits, or educational exchanges that are being
conducted on the date of the enactment of this Act.
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--PROMOTION OF DEMOCRACY, HUMAN RIGHTS, AND RULE OF LAW IN
BELARUS
SEC. 1501. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN
BELARUS.
(a) Purposes of Assistance.--The assistance under this section
shall be available for the following purposes:
(1) To assist the people of the Republic of Belarus in
regaining their freedom and to enable them to join the European
community of democracies.
(2) To encourage free and fair presidential, parliamentary,
and local elections in Belarus, conducted in a manner
consistent with internationally accepted standards and under
the supervision of internationally recognized observers.
(3) To assist in restoring and strengthening institutions
of democratic governance in Belarus.
(b) Authorization for Assistance.--To carry out the purposes of
subsection (a), the President is authorized to furnish assistance and
other support for the activities described in subsection (c), to be
provided primarily for indigenous Belarusian groups that are committed
to the support of democratic processes.
(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) include--
(1) the observation of elections and the promotion of free
and fair electoral processes;
(2) development of democratic political parties;
(3) radio and television broadcasting to and within
Belarus;
(4) the development of nongovernmental organizations
promoting democracy and supporting human rights;
(5) the development of independent media working within
Belarus and from locations outside the country and supported by
nonstate-controlled printing facilities;
(6) international exchanges and advanced professional
training programs for leaders and members of the democratic
forces in skill areas central to the development of civil
society; and
(7) other activities consistent with the purposes of this
title.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the President to carry out this section such sums as may be
necessary for fiscal years 2004 and 2005.
(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 1502. RADIO BROADCASTING TO BELARUS.
(a) Purpose.--It is the purpose of this section to authorize
increased support for United States Government and surrogate radio
broadcasting to the Republic of Belarus that will facilitate the
unhindered dissemination of information.
(b) Authorization of Appropriations.--In addition to such sums as
are otherwise authorized to be appropriated, there is authorized to be
appropriated such sums as may be necessary for each fiscal year for
Voice of America and RFE/RL, Incorporated for radio broadcasting to the
people of Belarus in languages spoken in Belarus.
SEC. 1503. SENSE OF CONGRESS RELATING TO SANCTIONS AGAINST THE
GOVERNMENT OF BELARUS.
(a) Sense of Congress.--It is the sense of Congress that the
sanctions described in subsections (c) and (d) should apply with
respect to the Republic of Belarus until the President determines and
certifies to the appropriate congressional committees that the
Government of Belarus has made significant progress in meeting the
conditions described in subsection (b).
(b) Conditions.--The conditions referred to in subsection (a) are
the following:
(1) The release of individuals in Belarus who have been
jailed based on political or religious beliefs.
(2) The withdrawal of politically motivated legal charges
against all opposition figures and independent journalists in
Belarus.
(3) A full accounting of the disappearances of opposition
leaders and journalists in Belarus, including Victor Gonchar,
Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and
the prosecution of those individuals who are responsible for
their disappearances.
(4) The cessation of all forms of harassment and repression
against the independent media, independent trade unions,
nongovernmental organizations, religious organizations
(including their leadership and members), and the political
opposition in Belarus.
(5) The implementation of free and fair presidential and
parliamentary elections in Belarus consistent with OSCE
standards on democratic elections and in cooperation with
relevant OSCE institutions.
(c) Denial of Entry Into the United States of Belarusian
Officials.--The President should use his authority under section 212(f)
of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to deny the
entry into the United States of any alien who--
(1) holds a position in the senior leadership of the
Government of Belarus; or
(2) is a spouse, minor child, or agent of a person
inadmissible under paragraph (1).
(d) Prohibition on Loans and Investment.--
(1) United states government financing.--No loan, credit
guarantee, insurance, financing, or other similar financial
assistance should be extended by any agency of the United
States Government (including the Export-Import Bank and the
Overseas Private Investment Corporation) to the Government of
Belarus, except with respect to the provision of humanitarian
goods and agricultural or medical products.
(2) Trade and development agency.--No funds available to
the Trade and Development Agency should be available for
activities of the Agency in or for Belarus.
(e) Multilateral Financial Assistance.--It is further the sense of
Congress that, in addition to the application of the sanctions
described in subsections (c) and (d) to the Republic of Belarus (until
the President determines and certifies to the appropriate congressional
committees that the Government of Belarus has made significant progress
in meeting the conditions described in subsection (b)), the Secretary
of the Treasury should instruct the United States Executive Director of
each international financial institution to which the United States is
a member to use the voice and vote of the United States to oppose any
extension by those institutions of any financial assistance (including
any technical assistance or grant) of any kind to the Government of
Belarus, except for loans and assistance that serve humanitarian needs.
SEC. 1504. MULTILATERAL COOPERATION.
It is the sense of Congress that the President should continue to
seek to coordinate with other countries, particularly European
countries, a comprehensive, multilateral strategy to further the
purposes of this title, including, as appropriate, encouraging other
countries to take measures with respect to the Republic of Belarus that
are similar to measures described in this title.
SEC. 1505. REPORT.
(a) Report.--Not later than 90 days after the date of enactment of
this Act, and every year thereafter, the President shall transmit to
the appropriate congressional committees a report that describes, with
respect to the preceding 12-month period, the following:
(1) The sale or delivery of weapons or weapons-related
technologies from the Republic of Belarus to any country, the
government of which the Secretary of State has determined, for
purposes of section 6(j)(1) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided
support for acts of international terrorism.
(2) An identification of each country described in
paragraph (1) and a detailed description of the weapons or
weapons-related technologies involved in the sale.
(3) An identification of the goods, services, credits, or
other consideration received by Belarus in exchange for the
weapons or weapons-related technologies.
(4) The personal assets and wealth of Aleksandr Lukashenka
and other senior leadership of the Government of Belarus.
(b) Form.--A report transmitted pursuant to subsection (a) shall be
in unclassified form but may contain a classified annex.
SEC. 1506. DEFINITIONS.
In this title:
(1) Osce.--The term ``OSCE'' means the Organization for
Security and Cooperation in Europe.
(2) Senior leadership of the government of belarus.--The
term ``senior leadership of the Government of Belarus''
includes--
(A) the President, Prime Minister, Deputy Prime
Ministers, government ministers, Chairmen of State
Committees, and members of the Presidential
Administration of Belarus;
(B) any official of the Government of Belarus who
is personally and substantially involved in the
suppression of freedom in Belarus, including judges and
prosecutors; and
(C) any other individual determined by the
Secretary of State (or the Secretary's designee) to be
personally and substantially involved in the
formulation or execution of the policies of the
Lukashenka regime that are in contradiction of
internationally recognized human rights standards.
TITLE XVI--ISRAELI-PALESTINIAN PEACE ENHANCEMENT ACT OF 2003
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Israeli-Palestinian Peace
Enhancement Act of 2003''.
SEC. 1602. FINDINGS.
Congress makes the following findings:
(1) The security of the State of Israel is a major and
enduring national security interest of the United States.
(2) A lasting peace in the Middle East region can only take
root in an atmosphere free of violence and terrorism.
(3) The Palestinian people have been ill-served by leaders
who, by resorting to violence and terrorism to pursue their
political objectives, have brought economic and personal
hardship to their people and brought a halt to efforts seeking
a negotiated settlement of the conflict.
(4) The United States has an interest in a Middle East in
which two states, Israel and Palestine, will live side by side
in peace and security.
(5) In his speech of June 24, 2002, and in other
statements, President George W. Bush outlined a comprehensive
vision of the possibilities of peace in the Middle East region
following a change in Palestinian leadership.
(6) A stable and peaceful Palestinian state is necessary to
achieve the security that Israel longs for, and Israel should
take concrete steps to support the emergence of a viable,
credible Palestinian state.
(7) The Palestinian state must be a reformed, peaceful, and
democratic state that abandons forever the use of terror.
(8) On April 29, 2003, the Palestinian Legislative Council
confirmed in office, by a vote of 51 yeas, 18 nays, and 3
abstentions, the Palestinian Authority's first prime minister,
Mahmoud Abbas (Abu Mazen), and his cabinet.
(9) In his remarks prior to the vote of the Palestinian
Legislative Council, Mr. Abbas declared: ``The government will
concentrate on the question of security . . . The unauthorized
possession of weapons, with its direct threat to the security
of the population, is a major concern that will be relentlessly
addressed . . . There will be no other decision-making
authority except for the Palestinian Authority.''.
(10) In those remarks, Mr. Abbas further stated: ``We
denounce terrorism by any party and in all its forms both
because of our religious and moral traditions and because we are
convinced that such methods do not lend support to a just cause like
ours but rather destroy it.''.
(11) Israel has repeatedly indicated its willingness to
make painful concessions to achieve peace once there is a
partner for peace on the Palestinian side.
SEC. 1603. PURPOSES.
The purposes of this title are--
(1) to express the sense of Congress with respect to United
States recognition of a Palestinian state; and
(2) to demonstrate United States willingness to provide
substantial economic and humanitarian assistance, and to
support large-scale multilateral assistance, after the
Palestinians have achieved the reforms outlined by President
Bush and have achieved peace with the State of Israel.
SEC. 1604. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) peace between Israel and the Palestinians cannot be
negotiated until the Palestinian system of government has been
transformed along the lines outlined in President Bush's June
24, 2002, speech;
(2) substantial United States and international economic
assistance will be needed after the Palestinians have achieved
the reforms described in section 620K(c)(2) of the Foreign
Assistance Act of 1961 (as added by section 1706 of this Act)
and have made a lasting and secure peace with Israel;
(3) the Palestinian people merit commendation on the
confirmation of the Palestinian Authority's first prime
minister, Mahmoud Abbas (Abu Mazen), and his cabinet;
(4) the new Palestinian administration urgently should take
the necessary security-related steps to allow for
implementation of a performance-based road map to resolve the
Israeli-Palestinian conflict;
(5) the United States Administration should work vigorously
toward the goal of two states living side-by-side in peace
within secure and internationally-recognized boundaries free
from threats or acts of force; and
(6) the United States has a vital national security
interest in a permanent, comprehensive, and just resolution of
the Arab-Israeli conflict, and particularly the Palestinian-
Israeli conflict, based on the terms of United Nations Security
Council Resolutions 242 and 338.
SEC. 1605. RECOGNITION OF A PALESTINIAN STATE.
It is the sense of Congress that a Palestinian state should not be
recognized by the United States until the President determines that--
(1) a new leadership of a Palestinian governing entity, not
compromised by terrorism, has been elected and taken office;
and
(2) the newly-elected Palestinian governing entity--
(A) has demonstrated a firm and tangible commitment
to peaceful coexistence with the State of Israel and to
ending anti-Israel incitement, including the cessation
of all officially sanctioned or funded anti-Israel
incitement;
(B) has taken appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures and the confiscation of unlawful
weaponry;
(C) has established a new Palestinian security
entity that is fully cooperating with the appropriate
Israeli security organizations;
(D) has achieved exclusive authority and
responsibility for governing the national affairs of a
Palestinian state, has taken effective steps to ensure
democracy, the rule of law, and an independent
judiciary, and has adopted other reforms ensuring
transparent and accountable governance; and
(E) has taken effective steps to ensure that its
education system promotes the acceptance of Israel's
existence and of peace with Israel and actively
discourages anti-Israel incitement.
SEC. 1606. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2351 et seq.) is amended--
(1) by redesignating the second section 620G (as added by
section 149 of Public Law 104-164 (110 Stat. 1436)) as section
620J; and
(2) by adding at the end the following new section:
``SEC. 620K. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE.
``(a) Limitation.--
``(1) In general.--Notwithstanding any other provision of
law, assistance may be provided under this Act or any other
provision of law to the government of a Palestinian state only
during a period for which a certification described in
subsection (c) is in effect. The limitation contained in the
preceding sentence shall not apply (A) to humanitarian or
development assistance that is provided through nongovernmental
organizations for the benefit of the Palestinian people in the
West Bank and Gaza, or (B) to assistance that is intended to
reform the Palestinian Authority and affiliated institutions,
or a newly elected Palestinian governing entity, in order to
help meet the requirements contained in subparagraphs (A)
through (H) of subsection (c)(2) or to address the matters
described in subparagraphs (A) through (E) of section 1705(2)
of the Israeli-Palestinian Peace Enhancement Act of 2003.
``(2) Waiver.--The President may waive the limitation of
the first sentence of paragraph (1) if the President determines
and certifies to the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate that it is vital to the national
interest of the United States to do so.
``(b) Congressional Notification.--
``(1) In general.--Assistance made available under this Act
or any other provision of law to a Palestinian state may not be
provided until 15 days after the date on which the President
has provided notice thereof to the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives and to the Committee on Foreign Relations and
the Committee on Appropriations of the Senate in accordance
with the procedures applicable to reprogramming notifications
under section 634A(a) of this Act.
``(2) Sunset.--Paragraph (1) shall cease to be effective
beginning ten years after the date on which notice is first
provided under such paragraph.
``(c) Certification.--A certification described in this subsection
is a certification transmitted by the President to Congress that--
``(1) a binding international peace agreement exists
between Israel and the Palestinians that--
``(A) was freely signed by both parties;
``(B) guarantees both parties' commitment to a
border between two states that constitutes a secure and
internationally recognized boundary for both states,
with no remaining territorial claims;
``(C) provides a permanent resolution for both
Palestinian refugees and Jewish refugees from Arab
countries; and
``(D) includes a renunciation of all remaining
Palestinian claims against Israel through provisions
that commit both sides to the ``end of the conflict''; and
``(2) the new Palestinian government--
``(A) has been democratically elected through free
and fair elections, has exclusive authority and
responsibility for governing the national affairs of
the Palestinian state, and has achieved the reforms
outlined by President Bush in his June 24, 2002,
speech;
``(B) has completely renounced the use of violence
against the State of Israel and its citizens, is
vigorously attempting to prevent any acts of terrorism
against Israel and its citizens, and punishes the
perpetrators of such acts in a manner commensurate with
their actions;
``(C) has dismantled, and terminated the funding
of, any group within its territory that conducts
terrorism against Israel;
``(D) is engaging in ongoing and extensive security
cooperation with the State of Israel;
``(E) refrains from any officially sanctioned or
funded statement or act designed to incite Palestinians
or others against the State of Israel and its citizens;
``(F) has an elected leadership not compromised by
terror;
``(G) is demilitarized; and
``(H) has no alliances or agreements that pose a
threat to the security of the State of Israel.
``(d) Recertifications.--Not later than 90 days after the date on
which the President transmits to Congress an initial certification
under subsection (c), and every 6 months thereafter for the 10-year
period beginning on the date of transmittal of such certification--
``(1) the President shall transmit to Congress a
recertification that the requirements contained in subsection
(c) are continuing to be met; or
``(2) if the President is unable to make such a
recertification, the President shall transmit to Congress a
report that contains the reasons therefor.
``(e) Rule of Construction.--A certification under subsection (c)
shall be deemed to be in effect beginning on the day after the last day
of the 10-year period described in subsection (d) unless the President
subsequently determines that the requirements contained in subsection
(c) are no longer being met and the President transmits to Congress a
report that contains the reasons therefor.''.
SEC. 1607. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2351 et seq.), as amended by section 1706, is further amended by
adding at the end the following new section:
``SEC. 620L. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE.
``(a) Assistance.--The President is authorized to provide
assistance to a Palestinian state in accordance with the requirements
of this section.
``(b) Activities To Be Supported.--Assistance provided under
subsection (a) shall be used to support activities within a Palestinian
state to substantially improve the economy and living conditions of the
Palestinians by, among other things, providing for economic development
in the West Bank and Gaza, continuing to promote democracy and the rule
of law, developing water resources, assisting in security cooperation
between Israelis and Palestinians, and helping with the compensation
and rehabilitation of Palestinian refugees.
``(c) Authorization of Appropriations.--Of the amounts made
available to carry out chapter 4 of part II of this Act for a fiscal
year, there are authorized to be appropriated to the President to carry
out subsections (a) and (b) such sums as may be necessary for each such
fiscal year.
``(d) Coordination of International Assistance.--
``(1) In general.--Beginning on the date on which the
President transmits to Congress an initial certification under
section 620K(c) of this Act, the Secretary of State shall seek
to convene one or more donors conferences to gain commitments
from other countries, multilateral institutions, and
nongovernmental organizations to provide economic assistance to
Palestinians to ensure that such commitments to provide
assistance are honored in a timely manner, to ensure that there
is coordination of assistance among the United States and such
other countries, multilateral institutions, and nongovernmental
organizations, to ensure that the assistance provided to
Palestinians is used for the purposes for which is was
provided, and to ensure that other countries, multilateral
institutions, and nongovernmental organizations do not provide
assistance to Palestinians through entities that are designated
as terrorist organizations under United States law.
``(2) Report.--Not later than 180 days after the date of
the enactment of this section, and on an annual basis
thereafter, the Secretary of State shall prepare and submit to
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate a report that describes the
activities undertaken to meet the requirements of paragraph
(1), including a description of amounts committed, and the
amounts provided, to a Palestinian state or Palestinians during
the reporting period by each country and organization.''.
TITLE XVII--ACCESS FOR AFGHAN WOMEN
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Access for Afghan Women Act of
2003''.
SEC. 1702. FINDINGS.
Congress makes the following findings:
(1) Despite the removal of the Taliban from power, women in
Afghanistan continue to experience brutal and frequent
violation of their human rights, generally outside of Kabul
where warlords are reexerting control.
(2) Strong and continued support from the United States and
the international community can ensure that the advances made
by Afghan women since the fall of the Taliban will continue and
grow, rather than recede.
(3) While the United States and the international community
continue to make substantial contributions to emergency
humanitarian and relief operations in Afghanistan, the
establishment of a stable, peaceful, prosperous, and democratic
Afghanistan with a broad-based, multi-ethnic, gender-sensitive,
and fully representative government requires a significant
increase in long-term investments in development and
reconstruction assistance.
(4) The maternal mortality rate in Afghanistan is among the
highest in the world, with recent reports estimating that every
30 minutes an Afghan woman dies of pregnancy related causes, or
approximately 15,000 women every year. The estimated maternal
mortality rate of 1,600 deaths per 100,000 live births can be
significantly reduced through access to primary health care
services, including safe birthing supplies, emergency obstetric
care, prenatal and postnatal care, contraception, and
prevention and treatment for the effects of sexual coercion and
rape.
(5) Women comprise 75 percent or more of the refugees and
internally displaced in camps, urban areas, and villages in
Afghanistan.
(6) 85 percent of Afghanistan's population lives in rural
areas. The women in rural areas perform vital roles in food
production, processing, and preparation. Successful
reconstruction and development assistance must target rural
women as part of any agricultural interventions.
(7) Within Afghanistan and outside of Afghanistan, local
women's organizations are delivering critical services and have
the knowledge and experience to assist the United States in
delivering effective relief aid.
(8) The Afghan Ministry for Women's Affairs is an important
ministry that is essential for re-establishing women's human
rights, ensuring that women are included in all development
efforts, and delivering critical legal, health, education, and
economic services to women throughout Afghanistan's 30
provinces.
(9) Afghan women are taking the initiative to reach across
the conflict divide and foster peace. Women's perspectives and
experiences in seeking solutions to conflicts are necessary to
ensure lasting peace.
(10) The inadequate security situation in Afghanistan
disproportionately impacts women and girls as the lack of rule
of law results in the frequent assault, kidnapping, and sexual
abuse of Afghan women and girls throughout Afghanistan.
(11) Despite significant improvements in healthcare and
education infrastructure for women and girls in Afghanistan,
the lack of security and rule of law throughout most of
Afghanistan effectively denies access to these facilities and
the critical services they provide.
SEC. 1703. ESTABLISHMENT OF AFGHAN WOMEN'S FUND.
(a) Establishment.--The Administrator of the United States Agency
for International Development shall establish a fund for the purpose of
assisting women and girls in Afghanistan in the areas of political and
human rights, health care, education, training, security, and shelter.
(b) Activities Supported.--The fund established under subsection
(a) shall support the activities described in section 103(a)(7) of the
Afghanistan Freedom Support Act of 2002 and the following activities:
(1) Direct financial and programmatic assistance to the
Ministry of Women's Affairs in Afghanistan (hereafter in this
section referred to as the ``Ministry'') to promote the
strengthening of the Ministry as the Government of Afghanistan
continues its transition to a long-term government structure
and to enable the Ministry to fulfill its mandate. The Ministry
may use such assistance to support activities such as the
following:
(A) Multiyear women-centered economic development
programs, including programs to assist widows, female
heads of household, women in rural areas, and disabled
women.
(B) Collaboration with the Ministry of Health to
construct culturally appropriate health infrastructure
and delivery of high-quality comprehensive health care
programs, including primary, maternal, child,
reproductive, and mental health care.
(C) Programs to prevent trafficking in persons,
assist victims, and apprehend and prosecute traffickers
in persons.
(2) Direct financial assistance to the National Human
Rights Commission of Afghanistan.
(3) Construction of women's educational facilities in
Afghanistan.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section not less than $22,500,000 for
each of the fiscal years 2003, 2004, and 2005 and such sums as are
necessary for each subsequent fiscal year.
SEC. 1704. ASSISTANCE TO AFGHANISTAN.
Notwithstanding any other provision of law, not less than 15
percent of the aggregate amount of economic and humanitarian assistance
authorized to be appropriated under section 1703(c) to be made
available to Afghanistan for each of the fiscal years 2003, 2004, and
2005 shall be made available for assistance directly to Afghan-led
local nongovernmental organizations, including Afghan women-led
organizations, with demonstrated experience in delivering services to
Afghan women and children to support their programmatic activities and
organizational development. In recognition of the appreciating capacity
of Afghan-led local nongovernmental organizations, including Afghan
women-led organizations, an appropriate percentage of the aggregate
amount of economic and humanitarian assistance authorized to be made
available to Afghanistan for fiscal year 2006 and each subsequent
fiscal year shall be made available for assistance directly to Afghan-
led local nongovernmental organizations, including Afghan women-led
organizations.
SEC. 1705. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN
AFGHANISTAN.
(a) In General.--Activities described in subsections (b) through
(e) that are carried out by the United States in Afghanistan should
comply with the applicable requirements contained in such subsections.
(b) Governance of Afghanistan.--With respect to the governance of
Afghanistan, the applicable requirements are the following:
(1) Include the perspectives and advice of Afghan women's
organizations, networks, and leaders in United States
policymaking related to the governance of Afghanistan.
(2) Promote the inclusion of a significant number of women
in future legislative bodies to ensure that women's full range
of human rights are included and upheld in any constitution or
legal structures of Afghanistan.
(3) Encourage the appointment of women to high level
positions within Afghan Ministries.
(c) Post-Conflict Reconstruction and Development.--With respect to
activities relating to post-conflict stability in Afghanistan, the
applicable requirements are the following:
(1) Encourage United States organizations that receive
funds authorized by this title to partner with or create
Afghan-led counterpart organizations and provide these
organizations with significant financial resources, technical
assistance, and capacity building.
(2) Increase women's access to or ownership of productive
assets such as land, water, agricultural inputs, credit, and
property.
(3) Provide long-term financial assistance for primary,
secondary, higher, nontraditional, and vocational education for
Afghan girls, women, boys, and men.
(4) Integrate education and training programs for former
combatants with economic development programs to encourage
their reintegration into society and to promote post-conflict
stability.
(5) Provide assistance to rehabilitate children affected by
the conflict, particularly child soldiers.
(6) Support educational efforts to increase awareness with
respect to landmines, facilitate the removal of landmines, and
provide services to individuals with disabilities caused by
landmines.
(d) Afghan Military and Police.--With respect to training for
military and police forces in Afghanistan, the applicable requirements
are the following:
(1) Include training on the protection, rights, and the
particular needs of women and emphasize that violations of
women's rights are intolerable and should be prosecuted.
(2) Encourage such trainers who will carry out the
activities in paragraph (1) to consult with women's
organizations in Afghanistan to ensure that training content
and materials are adequate, appropriate, and comprehensive.
(e) Relief, Resettlement, and Repatriation of Refugees and
Internally Displaced Persons.--With respect to the relief,
resettlement, and repatriation of refugees and internally displaced
persons in Afghanistan, the applicable requirements are the following:
(1) Take all necessary steps to ensure that women refugees
and internally displaced persons in camps, urban areas, and
villages are directly receiving food aid, shelter, relief
supplies, and other services from United States-sponsored
programs.
(2) Take all necessary steps to ensure that women refugees
in camps, urban areas, and villages are accessing high-quality
health and medical services, including primary, maternal,
child, and mental health services.
(3) Take all necessary steps to ensure that women and
children in refugee camps are protected from sexual
exploitation.
(4) Take all necessary steps to ensure refugees and
internally displaced persons that seek to return to their place
of origin can do so voluntarily, safely, and with the full
protection of their rights. United States-sponsored efforts
shall not coerce refugees or internally displaced persons to
return to their places of origin.
SEC. 1706. REPORTING REQUIREMENTS.
Not later than 60 days after the date of the enactment of this Act,
and annually thereafter, the President shall prepare and transmit to
Congress a report that contains documentation of the progress in
implementing the requirements of section 1705. All data in the report
shall be disaggregated by gender.
TITLE XVIII--MISCELLANEOUS FOREIGN ASSISTANCE 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
(2) 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.
(a) In General.--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.''.
(b) Notification Requirement.--Section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420) is amended by adding at the end
the following new subsection:
``(e) Funds may not be obligated for assistance under subsection
(b)(8) unless the Secretary of State notifies the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate of the amount and nature
of the proposed assistance at least 15 days in advance of the proposed
obligation in accordance with the procedures applicable to
reprogramming notifications pursuant to section 634A of this Act. Such
notification shall include a comprehensive report and, where
practicable, a plan describing the police assistance and rule of law
programs of relevant United States agencies for each country which is
to receive assistance under section 660(b)(8).''.
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.
SEC. 1816. ASSISTANCE TO TAMIL NADU.
(a) Findings.--Congress makes the following findings:
(1) Several United States businesses invested more than
$800,000,000 in capital in the Indian State of Tamil Nadu to
build and operate state-of-the-art electric generation
facilities to serve local customers.
(2) For nearly 2 years since these power plants went into
service, the Tamil Nadu Electricity Board has violated the
principle of contract sanctity by consistently refusing to pay
the contractually-required price for the electricity produced
by these companies.
(3) The Tamil Nadu Electricity Board now owes these United
States companies in excess of $150,000,000 in arrearages
despite repeated assurances by the Government of Tamil Nadu
that the situation would be resolved.
(4) All of the projects are in a technical state of default
on the principal of their loans and none of the United States
companies is making a return on their equity.
(b) Restriction.--No funds authorized by this Act (including any
amendments made by this Act) or authorized under any other provision of
law may be used to directly or indirectly support any programs,
projects, or activities (other than humanitarian, health, or rule of
law programs, projects, or activities) located in or designed to
benefit the State of Tamil Nadu, India.
SEC. 1817. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.
(a) Transfers by Grant.--The President is authorized to transfer
vessels to foreign countries on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j), as follows:
(1) Bahrain.--To the Government of Bahrain, the OLIVER
HAZARD PERRY class guided missile frigate GEORGE PHILIP (FFG
12).
(2) Portugal.--To the Government of Portugal, the OLIVER
HAZARD PERRY class guided missile frigate SIDES (FFG 14).
(b) Transfers by Sale.--The President is authorized to transfer
vessels to foreign countries on a sale basis under section 21 of the
Arms Export Control Act (22 U.S.C. 2761) as follows:
(1) Brazil.--To the Government of Brazil, the SPRUANCE
class destroyer O'BRIEN (DD 975).
(2) Chile.--To the Government of Chile, the SPRUANCE class
destroyer FLETCHER (DD 992).
(3) Turkey.--To the Government of Turkey, the ANCHORAGE
class dock landing ship ANCHORAGE (LSD 36).
(c) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to another country
on a grant basis under section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j) pursuant to authority provided by subsection (a)
shall not be counted against the aggregate value of excess defense
articles transferred to countries in any fiscal year under subsection
(g) of that section.
(d) Costs of Transfers on Grant Basis.--Any expense incurred by the
United States in connection with a transfer authorized to be made on a
grant basis under section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j) pursuant to the authority provided by subsection (a)
shall be charged to the recipient (notwithstanding section 516(e)(1) of
such Act).
(e) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the country to
which the vessel is transferred have such repair or refurbishment of
the vessel as is needed, before the vessel joins the naval forces of
that country, performed at a shipyard located in the United States,
including a United States Navy shipyard.
(f) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
SEC. 1818. ASSISTANCE TO COMBAT HIV/AIDS IN CERTAIN COUNTRIES OF THE
CARIBBEAN REGION.
Section 1(f)(2)(B)(ii)(VII) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(f)(2)(B)(ii)(VII)) is amended
by inserting after ``Zambia,'' the following: ``Antigua and Barbuda,
the Bahamas, Barbados, Belize, Dominica, Grenada, Jamaica, Montserrat,
Saint Kitts and Nevis, Saint Vincent and the Grenadines, Saint Lucia,
Suriname, Trinidad and Tobago, Dominican Republic,''.
SEC. 1819. REPORT ON PROGRESS MADE IN MODIFYING THE ENHANCED HIPC
INITIATIVE.
Within 90 days after the date of the enactment of this Act, and
annually thereafter, the Secretary of the Treasury shall submit to the
Committees on Financial Services, on Appropriations, and on
International Relations of the House of Representatives and the
Committees on Foreign Relations and on Appropriations of the Senate a
written report that describes the progress made in modifying the
Enhanced HIPC Initiative (as defined in section 1625(e)(3) of the
International Financial Institutions Act) as called for in section 501
of of the United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003.
DIVISION E--ASSISTANCE FOR VIET NAM
TITLE XX--CONDITIONS ON INCREASED NONHUMANITARIAN ASSISTANCE TO THE
GOVERNMENT OF VIET NAM
SEC. 2001. BILATERAL NONHUMANITARIAN ASSISTANCE.
(a) Assistance.--
(1) In general.--United States nonhumanitarian assistance
may not be provided to the Government of Viet Nam in an amount
exceeding the amount so provided for fiscal year 2003--
(A) for fiscal year 2004 unless not later than 30
days after the date of the enactment of this Act the
President determines and certifies to Congress that the
requirements of subparagraphs (A) through (D) of
paragraph (2) have been met during the 12-month period
ending on the date of the certification; and
(B) for each subsequent fiscal year unless the
President determines and certifies to Congress in the
most recent annual report submitted pursuant to section
501 that the requirements of subparagraphs (A) through
(E) of paragraph (2) have been met during the 12-month
period covered by the report.
(2) Requirements.--The requirements of this paragraph are
that--
(A) the Government of Viet Nam has made substantial
progress toward releasing all political and religious
prisoners from imprisonment, house arrest, and other
forms of detention;
(B)(i) the Government of Viet Nam has made
substantial progress toward respecting the right to
freedom of religion, including the right to participate
in religious activities and institutions without
interference by or involvement of the Government; and
(ii) has made substantial progress toward
returning estates and properties confiscated
from the churches;
(C) the Government of Viet Nam has made substantial
progress toward allowing Vietnamese nationals free and
open access to United States refugee programs;
(D) the Government of Viet Nam has made substantial
progress toward respecting the human rights of members
of ethnic minority groups in the Central Highlands and
elsewhere in Viet Nam; and
(E)(i) neither any official of the Government of
Viet Nam nor any agency or entity wholly or partly
owned by the Government of Viet Nam was complicit in a
severe form of trafficking in persons; or
(ii) the Government of Viet Nam took all
appropriate steps to end any such complicity
and hold such official, agency, or entity fully
accountable for its conduct.
(b) Exception.--
(1) Continuation of assistance in the national interest.--
Notwithstanding the failure of the Government of Viet Nam to
meet the requirements of subsection (a)(2), the President may
waive the application of subsection (a) for any fiscal year if
the President determines that the provision to the Government
of Viet Nam of increased United States nonhumanitarian
assistance would promote the purposes of this Act or is
otherwise in the national interest of the United States.
(2) Exercise of waiver authority.--The President may
exercise the authority under paragraph (2) with respect to--
(A) all United States nonhumanitarian assistance to
Viet Nam; or
(B) one or more programs, projects, or activities
of such assistance.
(c) Definitions.--In this section:
(1) Severe form of trafficking in persons.--The term
``severe form of trafficking in persons'' means any activity
described in section 103(8) of the Trafficking Victims
Protection Act of 2000 (Public Law 106-386 (114 Stat. 1470); 22
U.S.C. 7102(8)).
(2) United states nonhumanitarian assistance.--The term
``United States nonhumanitarian assistance'' means--
(A) any assistance under the Foreign Assistance Act
of 1961 (including programs under title IV of chapter 2
of part I of that Act, relating to the Overseas Private
Investment Corporation), other than--
(i) disaster relief assistance, including
any assistance under chapter 9 of part I of
that Act;
(ii) assistance which involves the
provision of food (including monetization of
food) or medicine; and
(iii) assistance for refugees; and
(B) sales, or financing on any terms, under the
Arms Export Control Act.
TITLE XXI--ASSISTANCE TO SUPPORT HUMAN RIGHTS AND DEMOCRACY IN VIET NAM
SEC. 2101. ASSISTANCE.
(a) In General.--The President is authorized to provide assistance,
through appropriate nongovernmental organizations, for the support of
individuals and organizations to promote democracy and internationally
recognized human rights in Viet Nam.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the President to carry out subsection (a) $2,000,000
for each of the fiscal years 2004 and 2005.
TITLE XXII--UNITED STATES PUBLIC DIPLOMACY
SEC. 2201. RADIO FREE ASIA TRANSMISSIONS TO VIET NAM.
(a) Policy of the United States.--It is the policy of the United
States to take such measures as are necessary to overcome the jamming
of Radio Free Asia by the Government of Viet Nam, including the active
pursuit of broadcast facilities in close geographic proximity to Viet
Nam.
(b) Authorization of Appropriations.--In addition to such amounts
as are otherwise authorized to be appropriated for the Broadcasting
Board of Governors, there are authorized to be appropriated to carry
out the policy under subsection (a) $9,100,000 for the fiscal year 2004
and $1,100,000 for the fiscal year 2005.
SEC. 2202. UNITED STATES EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
WITH VIET NAM.
It is the policy of the United States that programs of educational
and cultural exchange with Viet Nam should actively promote progress
toward freedom and democracy in Viet Nam by providing opportunities to
Vietnamese nationals from a wide range of occupations and perspectives
to see freedom and democracy in action and, also, by ensuring that
Vietnamese nationals who have already demonstrated a commitment to
these values are included in such programs.
TITLE XXIII--UNITED STATES REFUGEE POLICY
SEC. 2301. REFUGEE RESETTLEMENT FOR NATIONALS OF VIET NAM.
(a) Policy of the United States.--It is the policy of the United
States to offer refugee resettlement to nationals of Viet Nam
(including members of the Montagnard ethnic minority groups) who were
eligible for the Orderly Departure Program (ODP), Resettlement
Opportunities for Vietnamese Returnees (ROVR) or any other United
States refugee program and who were deemed ineligible due to
administrative error or who for reasons beyond the control of such
individuals (including insufficient or contradictory information or the
inability to pay bribes demanded by officials of the Government of Viet
Nam) were unable or failed to apply for such programs in compliance
with deadlines imposed by the Department of State.
(b) Authorized Activity.--Of the amounts authorized to be
appropriated to the Department of State for Migration and Refugee
Assistance for each of the fiscal years 2004, 2005, and 2006, such sums
as may be necessary are authorized to be made available for the
protection (including resettlement in appropriate cases) of Vietnamese
refugees and asylum seekers, including Montagnards in Cambodia.
TITLE XIV--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM AND DEMOCRACY IN
VIET NAM
SEC. 2401. ANNUAL REPORT.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act and every 12 months thereafter, the Secretary of
State shall submit to the Congress a report on the following:
(1)(A) The determination and certification of the President
that the requirements of section 2001(a)(2) have been met, if
applicable.
(B) The determination of the President under section
2001(b)(2), if applicable.
(2) Efforts by the United States Government to secure
transmission sites for Radio Free Asia in countries in close
geographical proximity to Viet Nam in accordance with section
2201(a).
(3) Efforts to ensure that programs with Viet Nam promote
the policy set forth in section 302 and with section 102 of the
Human Rights, Refugee, and Other Foreign Policy Provisions Act
of 1996 regarding participation in programs of educational and
cultural exchange.
(4) Steps taken to carry out the policy under section
2301(a).
(5) Lists of persons believed to be imprisoned, detained,
or placed under house arrest, tortured, or otherwise persecuted
by the Government of Viet Nam due to their pursuit of
internationally recognized human rights. In compiling such
lists, the Secretary shall exercise appropriate discretion,
including concerns regarding the safety and security of, and
benefit to, the persons who may be included on the lists and
their families. In addition, the Secretary shall include a list
of such persons and their families who may qualify for
protection under United States refugee programs.
(6) A description of the development of the rule of law in
Viet Nam, including, but not limited to--
(A) progress toward the development of institutions
of democratic governance;
(B) processes by which statutes, regulations,
rules, and other legal acts of the Government of Viet
Nam are developed and become binding within Viet Nam;
(C) the extent to which statutes, regulations,
rules, administrative and judicial decisions, and other
legal acts of the Government of Viet Nam are published
and are made accessible to the public;
(D) the extent to which administrative and judicial
decisions are supported by statements of reasons that
are based upon written statutes, regulations, rules and
other legal acts of the Government of Viet Nam;
(E) the extent to which individuals are treated
equally under the laws of Viet Nam without regard to
citizenship, race, religion, political opinion, or
current or former associations;
(F) the extent to which administrative and judicial
decisions are independent of political pressure or
governmental interference and are reviewed by entities
of appellate jurisdiction; and
(G) the extent to which laws in Viet Nam are
written and administered in ways that are consistent
with international human rights standards, including
the requirements of the International Covenant on Civil
and Political Rights.
(b) Contacts with Other Organizations.-- In preparing the report
under subsection (a), the Secretary shall, as appropriate, consult with
and seek input from nongovernmental organizations, human rights
advocates (including Vietnamese-Americans and human rights advocates in
Viet Nam), and the United States Commission on Religious Freedom.
Passed the House of Representatives July 16, 2003.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 211
108th CONGRESS
1st Session
H. R. 1950
_______________________________________________________________________
AN ACT
To establish the Millennium Challenge Account to provide increased
support for certain developing countries; to authorize the expansion of
the Peace Corps; to authorize appropriations for the Department of
State for 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.
_______________________________________________________________________
July 17, 2003
Received; read twice and placed on the calendar