HR 1950 IH
108th CONGRESS
1st Session
H. R. 1950
To authorize appropriations for the Department of State for the fiscal years 2004 and 2005, to authorize appropriations under the Arms Export Control Act and the Foreign Assistance Act of 1961 for security assistance for fiscal years 2004 and 2005, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 5, 2003
Mr. HYDE (for himself, Mr. LANTOS, and Mr. BERMAN) introduced the following bill; which was referred to the Committee on International Relations
A BILL
To authorize appropriations for the Department of State for the fiscal years 2004 and 2005, to authorize appropriations under the Arms Export Control Act and the Foreign Assistance Act of 1961 for security assistance for fiscal years 2004 and 2005, and for other purposes.
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 `Foreign Relations Authorization Act, Fiscal Years 2004 and 2005'.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) ORGANIZATION OF ACT INTO DIVISIONS- This Act is organized into two divisions as follows:
(1) DIVISION A- Department of State Authorization Act, Fiscal Years 2004 and 2005.
(2) DIVISION B- Defense Trade and Security Assistance Reform Act of 2003.
(b) The table of contents for this Act is as follows:
Sec. 2. Organization of act into divisions; table of contents.
DIVISION A--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.
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. Continuation of reporting requirements.
Sec. 223. Report concerning efforts to promote Israel's diplomatic relations with other countries.
Sec. 224. Reimbursement rate for airlift services provided to the Department of State.
Sec. 225. Sense of Congress regarding additional United States consular posts.
Sec. 226. Validity of United States passports for travel to countries receiving United States foreign assistance.
Sec. 227. Security capital cost sharing.
Sec. 228. Authority to issue administrative subpoenas.
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.
Subtitle D--Consular Authorities
Sec. 271. Machine readable visas.
Sec. 272. Processing of visa applications.
Sec. 273. Staffing at diplomatic missions.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Sec. 301. Fellowship of Hope Program.
Sec. 302. Claims for lost pay.
Sec. 303. Ombudsman for the Department of State.
Sec. 304. Repeal of recertification requirement for senior foreign service.
Sec. 305. Report concerning status of employees of State Department.
Sec. 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.
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. 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.
Subtitle B--Global Internet Freedom
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. 537. Conforming amendments.
Sec. 539. Broadcasting standards.
Sec. 540. Effective date.
TITLE VI--INTERNATIONAL FREE MEDIA ACT OF 2003
Sec. 604. Statements of policy.
Sec. 605. Coordinator for International Free Media.
Sec. 606. United States Advisory Commission on Public Diplomacy and International Media.
Sec. 607. International Free Media Fund.
Sec. 608. Free media promotion activity of the Broadcasting Board of Governors.
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--Reporting Requirements
Sec. 701. Reports on benchmarks for Bosnia.
Sec. 702. Reports to Committee on International Relations.
Sec. 703. Reports concerning the capture and prosecution of paramilitary and other terrorist leaders in Colombia.
Sec. 704. Reports relating to Magen David Adom Society.
Sec. 705. Report concerning the return of portraits of Holocaust victims to the artist Dina Babbitt.
Sec. 706. Report to Congress on use of vested assets.
Sec. 707. Report concerning the conflict in Uganda.
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.
DIVISION B--DEFENSE TRADE AND SECURITY ASSISTANCE REFORM ACT OF 2003
TITLE X--GENERAL PROVISIONS
Sec. 1003. References to Arms Export Control Act.
TITLE XI--TERRORIST-RELATED PROHIBITIONS AND ENFORCEMENT MEASURES
Sec. 1101. Eligibility provisions.
Sec. 1102. Weapons transfers to foreign persons in the United States.
Sec. 1103. Coordination of license exemptions with United States law enforcement agencies.
Sec. 1104. Mechanisms to identify persons in violation of certain provisions of law.
Sec. 1105. Comprehensive nature of United States arms embargoes.
Sec. 1106. Transactions with countries supporting acts of international terrorism.
Sec. 1107. Amendments to control of arms exports and imports.
Sec. 1108. High risk exports and end use verification.
Sec. 1109. Concurrent jurisdiction of the Federal Bureau of Investigation.
Sec. 1110. Report on foreign-supplied defense articles, defense services, and dual use goods and technology discovered in Iraq.
TITLE XII--STRENGTHENING MUNITIONS EXPORT CONTROLS
Sec. 1201. Control of items on Missile Technology Control Regime Annex.
Sec. 1202. Certifications relating to export of certain defense articles and services.
Sec. 1203. Notification requirements for technical assistance and manufacturing licensing agreements with NATO member countries, Australia, New Zealand, and Japan.
Sec. 1204. Strengthening defense cooperation with Australia and the United Kingdom.
Sec. 1205. Training and liaison for small businesses.
Sec. 1206. Study and report relating to co-locating munitions control functions of the Departments of State, Defense, and Homeland Security.
TITLE XIII--SECURITY ASSISTANCE AND RELATED PROVISIONS
Subtitle A--Foreign Military Sales and Financing Authorities
Sec. 1301. Authorization of appropriations.
Sec. 1302. Provision of cataloging data and services.
Sec. 1303. Annual estimate and justification for sales program.
Sec. 1304. Adjustment to advance notification requirement for transfer of certain excess defense articles.
Subtitle B--International Military Education and Training
Sec. 1311. Authorization of appropriations.
Sec. 1312. Annual foreign military training reporting.
Subtitle C--Assistance for Select Countries
Sec. 1321. Assistance for Israel.
Sec. 1322. Assistance for Egypt.
Subtitle D--International Narcotics Control Assistance
Sec. 1331. Additional authorities relating to international narcotics control assistance.
Sec. 1332. United States opium eradication program in Colombia.
Subtitle E--Miscellaneous Provisions
Sec. 1341. United States War Reserve Stockpiles for Allies.
Sec. 1342. Transfer to Israel of certain defense articles in the United States War Reserve Stockpiles for Allies.
Sec. 1343. Expansion of authorities for loan of material, supplies, and equipment for research and development purposes.
Sec. 1344. Assistance for demining and related activities.
Sec. 1345. Cooperative Development Program.
Sec. 1346. West Bank and Gaza program.
Sec. 1347. Annual human rights country reports on incitement to acts of discrimination.
Sec. 1348. Assistance to East Timor.
Sec. 1349. Support for democracy-building efforts for Cuba.
Sec. 1350. Amendment to the Afghanistan Freedom Support Act of 2002.
Sec. 1351. Congo Basin Forest Partnership.
Sec. 1352. Combatting the piracy of United States copyrighted materials.
Sec. 1353. Reports relating to Treaty Between the United States and the Russian Federation on Strategic Offensive Reductions.
Sec. 1354. Statement of House of Representatives regarding the Treaty Between the United States and the Russian Federation on Strategic Offensive Reductions.
Sec. 1355. Nonproliferation and Disarmament Fund.
Sec. 1356. Maritime interdiction patrol boats for Mozambique.
TITLE XIV--MISSILE THREAT REDUCTION ACT OF 2003
Subtitle A--Strengthening International Missile Nonproliferation Law
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.
SEC. 3. DEFINITIONS.
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives.
(2) DEPARTMENT- The term `Department' means the Department of State.
(3) SECRETARY- Except as otherwise provided, the term `Secretary' means the Secretary of State.
DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEARS 2004 AND 2005
SEC. 101. SHORT TITLE.
This division may be cited as the `Department of State Authorization Act, Fiscal Years 2004 and 2005'.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS.
(a) IN GENERAL- The following amounts are authorized to be appropriated for the Department under `Administration of Foreign Affairs' to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States, and for other purposes authorized by law, including public diplomacy activities and the diplomatic security program:
(1) DIPLOMATIC AND CONSULAR PROGRAMS-
(A) AUTHORIZATION OF APPROPRIATIONS- For `Diplomatic and Consular Programs', $4,187,544,000 for the fiscal year 2004 and $4,438,796,000 for the fiscal year 2005.
(i) IN GENERAL- Of the amounts authorized to be appropriated by subparagraph (A), $320,930,000 for the fiscal year 2004 and $329,838,000 for the fiscal year 2005 is authorized to be appropriated for public diplomacy.
(ii) IMPROVEMENTS IN PUBLIC DIPLOMACY PROGRAMS- Of the amounts authorized to be appropriated under clause (i) $20,000,000 for the fiscal year 2004 and $20,000,000 for the fiscal year 2005 is authorized to be available for improvements and modernization of public diplomacy programs and activities of the Department of State.
(iii) TRANSLATION SERVICES- Of the amounts authorized to be appropriated under clause (i), $4,000,000 for the fiscal year 2004 and $4,000,000 for the fiscal year 2005 is authorized to be available for translation services available to public affairs officers in overseas posts.
(C) WORLDWIDE SECURITY UPGRADES- Of the amounts authorized to be appropriated by subparagraph (A), $646,701,000 for the fiscal year 2004 and $679,036,000 for the fiscal year 2005 is authorized to be appropriated for worldwide security upgrades.
(D) BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR- Of the amounts authorized to be appropriated by subparagraph (A), $20,000,000 for the fiscal year 2004 and $20,000,000 for the fiscal year 2005 is authorized to be appropriated for salaries and expenses of the Bureau of Democracy, Human Rights, and Labor.
(E) RECRUITMENT OF MINORITY GROUPS- Of the amount authorized to be appropriated by subparagraph (A), $2,000,000 for the fiscal year 2004 and $2,000,000 for the fiscal year 2005 is authorized to be appropriated for the recruitment of members of minority groups for careers in the Foreign Service and international affairs.
(2) CAPITAL INVESTMENT FUND- For `Capital Investment Fund', $157,000,000 for the fiscal year 2004 and $161,710,000 for the fiscal year 2005.
(3) EMBASSY SECURITY, CONSTRUCTION AND MAINTENANCE-
(A) IN GENERAL- For `Embassy Security, Construction and Maintenance', $653,000,000 for the fiscal year 2004 and $784,000,000 for the fiscal year 2005, in addition to amounts otherwise authorized to be appropriated for such purpose by section 604 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (as enacted into law by section 1000(a)(7) of Public Law 106-113 and contained in appendix G of that Act; 113 Stat. 1501A-470).
(B) AMENDMENT OF THE NANCE-DONOVAN FOREIGN RELATIONS AUTHORIZATION ACT- Section 604(a) of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (113 Stat. 1501A-453) is amended--
(i) at the end of paragraph (4) by striking `and';
(ii) in paragraph (5) by striking `$900,000,000.' and inserting `$1,000,000,000; and'; and
(iii) by inserting after paragraph (5) the following:
`(6) for fiscal year 2005, $1,000,000,000.'.
(4) REPRESENTATION ALLOWANCES- For `Representation Allowances', $9,000,000 for the fiscal year 2004 and $9,000,000 for the fiscal year 2005.
(5) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS- For `Protection of Foreign Missions and Officials', $10,000,000 for the fiscal year 2004 and $10,000,000 for the fiscal year 2005.
(6) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE- For `Emergencies in the Diplomatic and Consular Service', $1,000,000 for the fiscal year 2004 and such sums as may be necessary for the fiscal year 2005.
(7) REPATRIATION LOANS- For `Repatriation Loans', $1,219,000 for the fiscal year 2004 and $1,219,000 for the fiscal year 2005.
(8) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN- For `Payment to the American Institute in Taiwan', $19,773,000 for the fiscal year 2004 and $20,761,000 for the fiscal year 2005.
(9) OFFICE OF THE INSPECTOR GENERAL- For `Office of the Inspector General', $31,703,000 for the fiscal year 2004 and $32,654,000 for the fiscal year 2005.
(b) AVAILABILITY OF FUNDS FOR PROTECTION OF FOREIGN MISSIONS AND OFFICIALS- The amount appropriated pursuant to subsection (a)(5) is authorized to remain available through September 30, 2006.
SEC. 112. UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS.
(a) IN GENERAL- Amounts in this section are authorized to be appropriated for the Department of State to carry out educational and cultural programs of the Department of State under the United States Information and Educational Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, Reorganization Plan Number 2 of 1977, the Foreign Affairs Reform and Restructuring Act of 1998, the Center for Cultural and Technical Interchange Between East and West Act of 1960, the Dante B. Fascell North-South Center Act of 1991, and the National Endowment for Democracy Act, and to carry out other authorities in law consistent with such purposes.
(b) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS-
(1) AUTHORIZATION OF APPROPRIATIONS- For `Educational and Cultural Exchange Programs', $393,000,000 for the fiscal year 2004 and $405,000,000 for the fiscal year 2005.
(2) PROGRAMS IN EASTERN EUROPE AND FORMER SOVIET UNION- Of the amounts authorized to be appropriated under paragraph (1), $150,000,000 for the fiscal year 2004 and $150,000,000 for the fiscal year 2005 is authorized to be available for programs in Eastern Europe and countries of the former Soviet Union.
(3) ACADEMIC EXCHANGE PROGRAMS-
(A) IN GENERAL- Of the amounts authorized to be appropriated under paragraph (1), $142,000,000 for the fiscal year 2004 and $142,000,000 for the fiscal year 2005 is authorized to be available for the `Academic Exchange Programs' (other than programs described in paragraph (4)).
(B) HIV/AIDS INITIATIVE- Of the amounts authorized to be available under subparagraph (A), $1,000,000 for the fiscal year 2004 and $1,000,000 for the fiscal year 2005 is authorized to be available for HIV/AIDS research and mitigation strategies.
(C) FULBRIGHT ENGLISH TEACHING ASSISTANT PROGRAM IN KOREA- Of the amounts authorized to be available by subparagraph (A), $750,000 for the fiscal year 2004 and $750,000 for the fiscal year 2005 is authorized to be available for the Fulbright English Teaching Assistant Program in Korea, which sends United States citizen students to serve as English language teaching assistants at Korean colleges and high schools.
(D) DANTE B. FASCELL NORTH-SOUTH CENTER- Of the amounts authorized to be available by subparagraph (A), $1,025,000 for the fiscal year 2004 and $1,025,000 for the fiscal year 2005 is authorized to be available for the `Dante B. Fascell North-South Center'.
(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), $500,000 for the fiscal year 2004 and $500,000 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 secondary and 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), $5,000,000 for the fiscal year 2004 and $5,000,000 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, $760,197,000 for the fiscal year 2004 and $813,197,000 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', $317,550,000 for the fiscal year 2004 and $320,000,000 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 $40,000,000 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', $618,854,000 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', $11,395,000 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.
(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. CONTINUATION OF REPORTING REQUIREMENTS.
Section 805(a) 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 amended by striking `Not later' and all that follows through `2001,' and inserting `Not later than May 1, 2003, May 1, 2004, and May 1, 2005,'.
SEC. 223. REPORT CONCERNING EFFORTS TO PROMOTE ISRAEL'S DIPLOMATIC RELATIONS WITH OTHER COUNTRIES.
(a) FINDINGS- The Congress makes the following findings:
(1) Israel is a friend and ally of the United States whose security is vital to regional stability and United States interests.
(2) Israel currently maintains diplomatic relations with approximately 160 countries. Approximately 30 countries do not have any diplomatic relations with Israel.
(3) The State of Israel has been actively seeking to establish formal relations with a number of countries.
(4) The United States should assist its ally, Israel, in its efforts to establish diplomatic relations.
(5) After more than 50 years of existence, Israel deserves to be treated as an equal nation by its neighbors and the world community.
(b) REPORT CONCERNING UNITED STATES EFFORTS TO PROMOTE ISRAEL'S DIPLOMATIC RELATIONS WITH OTHER COUNTRIES- Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that includes the following information (in classified or unclassified form, as appropriate):
(1) Actions taken by the United States to encourage other countries to establish full diplomatic relations with Israel.
(2) Specific responses solicited and received by the Secretary from countries that do not maintain full diplomatic relations with Israel with respect to the status of negotiations to enter into diplomatic relations with Israel.
(3) Other measures being undertaken, and measures that will be undertaken, by the United States to ensure and promote Israel's full participation in the world diplomatic community.
SEC. 224. REIMBURSEMENT RATE FOR AIRLIFT SERVICES PROVIDED TO THE DEPARTMENT OF STATE.
Section 2642 of title 10, United States Code, is amended--
(1) in the heading by inserting `and Department of State' after `Central Intelligence Agency'; and
(2) in subsection (a) by striking `Agency,' and inserting `Agency or the Department of State,'.
SEC. 225. SENSE OF CONGRESS REGARDING ADDITIONAL UNITED STATES CONSULAR POSTS.
It is the sense of the Congress that to help advance United States economic, political, and public diplomacy interests, the Secretary of State should make best efforts to establish consulates or other appropriate diplomatic presence in: Pusan, South Korea; Medan, Indonesia; and Hat Yai, Thailand.
SEC. 226. VALIDITY OF UNITED STATES PASSPORTS FOR TRAVEL TO COUNTRIES RECEIVING UNITED STATES FOREIGN ASSISTANCE.
The first section of the Act entitled `An Act to regulate the issue and validity of passports, and for other purposes', approved July 3, 1926 (22 U.S.C. 211a) is amended by striking `travellers.' and inserting `travellers, and no such restriction may apply to a country in which the United States is providing assistance authorized by the Foreign Assistance Act of 1961.'.
SEC. 227. SECURITY CAPITAL COST SHARING.
(a) AUTHORIZATION- The first section of the Foreign Service Buildings Act, 1926 (22 U.S.C. 292) is amended by adding at the end the following new subsection:
`(c) SECURITY CAPITAL COST-SHARING PROGRAM- (1) The Secretary of State, as the single manager of all buildings and grounds acquired under this Act or otherwise acquired or authorized for the use of the diplomatic and consular establishments in foreign countries, is authorized to establish and implement a Security Capital Cost-Sharing Program to collect funds from each agency on the basis of its total overseas presence in a manner that encourages rightsizing of its overseas presence, and expend those funds to accelerate the provision of safe, secure, functional buildings for United States Government personnel overseas.
`(2) The Secretary is authorized to determine annually and charge each Federal agency the amount to be collected under paragraph (1) from the agency. To determine such amount, the Secretary may prescribe and use a formula that takes into account the number of authorized positions of each agency, including contractors and locally hired personnel, who are assigned to United States diplomatic facilities and are under the authority of a chief of mission pursuant to section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927).
`(3) The head of an agency charged a fee under this section shall remit the amount of the fee to the Secretary of State through the Intra-Governmental Payment and Collection System or other appropriate means.
`(4) There shall be established on the books of the Treasury an account to be known as the `Security Capital Cost-Sharing Program Fund', which shall be administered by the Secretary. There shall be deposited into the account all amounts collected by the Secretary pursuant to the authority under paragraph (1), and such funds shall remain available until expended. Such funds shall be used solely for the provision of new safe, secure, functional diplomatic facilities that comply with all applicable legal standards, including those standards established under the authority of the Secure Embassy Construction and Counterterrorism Act of 1999. The Secretary shall include in the Department of State's Congressional Presentation Document an accounting of the sources and uses of the amounts deposited into the account.
`(5) The Secretary shall not collect a fee for an authorized position of an agency of the Federal Government that has been or would be granted a waiver pursuant to section 606(a)(2)(B)(i) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(2)(B)(i)).
`(6) In this subsection--
`(A) the term `agency of the Federal Government'--
`(i) includes the Interagency Cooperative Administrative Support Service; and
`(ii) does not include the Marine Security Guard; and
`(B) the term `United States diplomatic facility' has the meaning given that term in section 603 of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note).'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on October 1, 2004.
SEC. 228. AUTHORITY TO ISSUE ADMINISTRATIVE SUBPOENAS.
Section 37 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709) is amended by adding at the end the following new subsection:
`(d) ADMINISTRATIVE SUBPOENAS-
`(1) IN GENERAL- If the Secretary determines that there is an imminent threat against a person, foreign mission, or international organization protected under the authority of subsection (a)(3), the Secretary may issue in writing, and cause to be served, a subpoena requiring--
`(A) the production of any records or other items relevant to the threat; and
`(B) testimony by the custodian of the items required to be produced concerning the production and authenticity of those items.
`(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.'.
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.
Subtitle D--Consular Authorities
SEC. 271. MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (8 U.S.C. 1351 note) is amended by adding at the end the following:
`(4) For each of the fiscal years 2004 and 2005, any amount that exceeds $700,000,000 may be made available only if a notification is submitted to Congress in accordance with the procedures applicable to reprogramming notifications under section 34 of the State Department Basic Authorities Act of 1956.'.
SEC. 272. PROCESSING OF VISA APPLICATIONS.
(a) IN GENERAL- It shall be the policy of the Department of State to process each visa application from an alien classified as an immediate relative or as a K-1 nonimmigrant within 30 days of the receipt of all necessary documents from the applicant and the Department of Homeland Security. In the case of an immigrant visa application where the petitioner is a relative other than an immediate relative, it should be the policy of the Department to process such an application within 60 days of the receipt of all necessary documents from the applicant and the Department of Homeland Security.
(b) DEFINITIONS- In this section:
(1) IMMEDIATE RELATIVE- The term `immediate relative' has the meaning given the term in section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).
(2) K-1 NONIMMIGRANT- The term `K-1 nonimmigrant' means a nonimmigrant alien described in section 101(a)(15)(K)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(i)).
SEC. 273. STAFFING AT DIPLOMATIC MISSIONS.
At least once every five years and pursuant to a process determined by the President for staffing at diplomatic missions and overseas constituent posts, the Secretary of State shall require each chief of mission to review every staff element under chief of mission authority, including staff from other executive agencies, and recommend approval or disapproval of each staff element. The Secretary of State shall submit an annual report concerning such reviews together with the Secretary's recommendations to the heads of all affected agencies and the Inspector General of the Department of State.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
SEC. 301. FELLOWSHIP OF HOPE PROGRAM.
The Secretary of State is authorized to establish in the Department of State an exchange program to be designated the `Fellowship of Hope Program'. The program shall provide for the exchange and assignment of government employees of designated countries to fellowship positions at the Department of State and reciprocal assignment of civil service and foreign service employees of the Department as fellows within the governments of foreign countries.
SEC. 302. CLAIMS FOR LOST PAY.
Section 2 of the State Department Basic Authorities Act (22 U.S.C. 2669) is amended--
(1) at the end of subsection (o) by striking the period and inserting `; and'; and
(2) by inserting after subsection (o) the following new subsection:
`(p) make administrative corrections or adjustments to an employee's pay, allowances, or differentials, resulting from mistakes or retroactive personnel actions, and to provide back pay and other categories of payments under the Back Pay Act as part of the settlement of administrative claims or grievances filed against the Department.'.
SEC. 303. OMBUDSMAN FOR THE DEPARTMENT OF STATE.
(a) ESTABLISHMENT- There is established in the Office of the Secretary of State the position of Ombudsman. The position of Ombudsman shall be a career position within the Senior Executive Service. The Ombudsman shall report directly to the Secretary of State.
(b) DUTIES- At the discretion of the Secretary of State, the Ombudsman shall participate in meetings regarding the management of the Department in order to assure that all employees may contribute to the achievement of the Department's responsibilities and to promote the career interests of all employees.
(c) CONFORMING AMENDMENT- Section 172 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2664a) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 304. REPEAL OF RECERTIFICATION REQUIREMENT FOR SENIOR FOREIGN SERVICE.
Section 305 of the Foreign Service Act of 1980 (22 U.S.C. 3945) is amended by striking subsection (d).
SEC. 305. REPORT CONCERNING STATUS OF EMPLOYEES OF STATE DEPARTMENT.
Not later than one year after the date of the enactment of this Act, the Secretary of State shall prepare and submit to the appropriate congressional committees a report that analyzes and evaluates the merits of the conversion of employees of the Department of State to excepted service under chapter 21 of title 5, United States Code.
SEC. 306. HOME LEAVE.
(a) REST AND RECUPERATION TRAVEL- Section 901(6) of the Foreign Service Act of 1980 (22 U.S.C. 4081(6)) is amended by striking `unbroken by home leave' both places it appears.
(b) REQUIRED LEAVE IN THE UNITED STATES- Section 903(a) of the Foreign Service Act of 1980 (22 U.S.C. 4083(a)) is amended by striking `18 months' and inserting `12 months'.
SEC. 307. INCREASED LIMITS APPLICABLE TO POST DIFFERENTIALS AND DANGER PAY ALLOWANCES.
(a) POST DIFFERENTIALS- Section 5925(a) of title 5, United States Code, is amended by striking `25 percent' in the third sentence and inserting `35 percent'.
(b) DANGER PAY ALLOWANCES- Section 5928 of title 5, United States Code, is amended by striking `25 percent' both places it appears and inserting `35 percent'.
(c) CRITERIA- The Secretary shall inform the appropriate congressional committees of the criteria to be used in determinations of appropriate adjustments in post differentials under section 5925 of title 5, United States Code, and danger pay allowances under section 5928 of title 5, United States Code.
(d) STUDY AND REPORT- Two years after the date of the enactment of this Act, the Secretary of State shall conduct a study assessing the effect of the increases in post differentials and danger pay allowances made by the amendments in subsections (a) and (b) in filling `hard-to-fill' positions. The Secretary shall submit a report of such study to the appropriate congressional committees.
SEC. 308. REGULATIONS REGARDING RETIREMENT CREDIT FOR GOVERNMENT SERVICE PERFORMED ABROAD.
Section 321(f) of the Foreign Relations Authorization Act, Fiscal Year 2003 (5 U.S.C. 8411 note; Public Law 107-228) is amended by striking `regulations' and inserting `regulations, not later than 60 days after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years 2004 and 2005,'.
SEC. 309. MINORITY RECRUITMENT.
(a) REPORTING REQUIREMENT- Section 324 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228) is amended by striking `and April 1, 2004' and inserting `April 1, 2004, and April 1, 2005'.
(b) USE OF FUNDS- The provisions of section 325 of such Act shall apply to funds authorized by section 111(a)(1)(E) of this Act.
(c) CONFORMING AMENDMENT- Section 325(c) of such Act is amended in the second sentence by striking `two' and inserting `three'.
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 biannually thereafter, 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.
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 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.
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.
(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-
(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.
`(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.
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.
`(1) APPOINTMENT- The Board of Governors shall appoint an Executive Director of the Agency. The Executive 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 Executive 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 Executive 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 Executive 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 Executive 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 Executive 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.
`(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 Executive 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 Executive 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--
(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';
(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: `Executive 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; and
(3) use widely accepted standards for professional and ethical journalistic and editorial practices in assessing international media.
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) monitoring and assessing the status of free media worldwide in consultation with appropriate agencies of the United States Government and national and international organizations;
(3) promoting widely accepted standards of professional and ethical journalism and editorial practices;
(4) discouraging media 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) promoting the journalistic integrity and editorial independence of free media worldwide;
(6) advising the President and the Secretary of State regarding matters of international press freedoms and free media;
(7) representing the United States in matters and cases relevant to international press freedoms and free media;
(8) 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;
(9) 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
(10) 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 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) FUNDING- The Secretary of State shall ensure that the Coordinator has adequate staff and funding for the conduct of investigations, the administration of the International Free Media Fund, necessary travel, and others activities necessary to carry out the provisions of this section.
SEC. 606. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY AND INTERNATIONAL MEDIA.
(a) ESTABLISHMENT- Section 604(a)(1) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1469) is amended to read as follows:
`(1) There is established an advisory commission to be known as the United States Advisory Commission on Public Diplomacy and International Media.'.
(b) DUTIES AND RESPONSIBILITIES- Section 604(c) of the United States Information and Exchange Act of 1948 (22 U.S.C. 1469) is amended by adding at the end the following:
`(5) The Commission shall--
`(A) advise the Coordinator for International Free Media on issues relating to the promotion of international press freedoms and free media;
`(B) assist the Coordinator for International Free Media in monitoring and assessing the status of free media worldwide;
`(C) consult with the Coordinator on the administration of the International Free Media Fund; and
`(D) make policy recommendations to the President, the Secretary of State, and Congress with respect to matters involving international press freedoms and free media.'.
(c) REFERENCES- Except as otherwise provided in this section or an amendment made by this section, any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to the United States Advisory Commission on Public Diplomacy or any other officer or employee of the United States Advisory Commission on Public Diplomacy shall be deemed to refer to the United States Advisory Commission on Public Diplomacy and International Media established under this section.---
SEC. 607. INTERNATIONAL FREE MEDIA FUND.
(a) ESTABLISHMENT- There is established an International Free Media Fund (in this section referred to as the `Fund') at the Department of State.
(b) PURPOSES- The purposes of the Fund shall be--
(1) to promote the development of free and independent media worldwide which adhere to widely accepted standards of professional and ethical journalism and editorial practice; and
(2) to complement current efforts by the Department of State, the United States Agency for International Development, the Broadcasting Board of Governors, and other agencies of the United States Government to support free and independent media worldwide.
(c) AUTHORIZATION OF APPROPRIATIONS- In addition to amounts otherwise authorized to be appropriated to carry out the purposes specified in subsection (b), there is authorized to be appropriated to the Fund $15,000,000 for fiscal year 2004. Such amounts are authorized to remain available until expended.
(d) NONAPPLICABILITY OF OTHER LAWS- Notwithstanding any other provision of law, funds appropriated pursuant to subsection (c) may be used for the purposes of this section.
(1) The Fund shall be administered by the Coordinator in consultation with the Commission.
(2) Activities and assistance financed through the Fund may be carried out through grants, contracts, technical assistance, and material support.
(f) ELIGIBLE ORGANIZATIONS, PROGRAMS, AND PROJECTS- Amounts in the Fund may be used to carry out activities and provide assistance only for organizations, programs, and projects consistent with the purposes set forth in subsection (b).
(g) PROHIBITIONS- Amounts in the Fund shall not be used to carry out activities or provide assistance to organizations, programs, or projects which advocate national, racial, or religious hatred that incites discrimination, hostility, or violence consistent with article 20, section 2 of the International Covenant on Civil and Political Rights.
(h) ASSISTANCE CRITERIA- In administering the Fund, the Coordinator shall take into account--
(1) the importance of providing assistance to organizations, programs, and projects based on their proven or potential contribution to the development of a free media environment worldwide;
(2) the importance of enabling free media to become commercially viable and financially independent in the long term; and
(3) the importance of providing media personnel whose organizations, programs, or projects receive assistance under this section for training in professional and ethical journalism, editorial practices, and media management by the Department of State, the Broadcasting Board of Governors, United States Agency for International Development grantees, or other organizations qualified to provide such training.
(i) ANNUAL REPORTS- Not later than January 31, of 2005 and in each subsequent year, the Coordinator shall publish an annual report on the activities of the Fund, which shall include a comprehensive and detailed description of the operations, activities, financial condition, and accomplishments under this section for the preceding fiscal year. The reports shall also include an assessment of whether the Fund should also provide loans and guarantees as an additional means to carry out the purposes of this title.
(j) CONSULTATION REQUIREMENTS-
(1) The Coordinator shall consult with the State Department official primarily responsible for developing and implementing United States policy with respect to a country prior to carrying out activities or providing assistance for such country through the Fund.
(2) Amounts in the Fund shall be used to carry out activities or provide assistance on the basis of consultations among all relevant United States Government agencies operating in the country and with the approval of the chief of mission.
SEC. 608. FREE MEDIA PROMOTION ACTIVITY OF THE BROADCASTING BOARD OF GOVERNORS.
(a) IN GENERAL- The Broadcasting Board of Governors shall make support for indigenous free media an integral part of its mission.
(b) AFFILIATES- The Broadcasting Board of Governors shall submit a report to the appropriate congressional committees on the prospects and strategy for cultivating affiliate relationships with free media in countries targeted for United States international broadcasting.
(c) TRAINING- The Broadcasting Board of Governors shall enhance foreign journalist training programs in coordination with existing training programs administered by the Department of State and the United States Agency for International Development.
(d) AUTHORIZATION FOR APPROPRIATIONS- In addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated $2,500,000 for the fiscal year 2004 and $2,500,000 for the fiscal year 2005 to support free media in countries in which the Broadcasting Board of Governors is decreasing or discontinuing United States international broadcasting activity.
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--Reporting Requirements
SEC. 701. REPORTS ON BENCHMARKS FOR BOSNIA.
(a) Section 7 of the 1998 Supplemental Appropriations and Rescissions Act (Public Law 105-174, 112 Stat. 64) is amended--
(1) at the end of paragraph (1) by striking `; and' and inserting a period;
(2) by striking `Congress' and all that follows through `not later' and inserting `Congress not later'; and
(3) by striking paragraph (2).
(b) Section 1203 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261) is repealed.
SEC. 702. REPORTS TO COMMITTEE ON INTERNATIONAL RELATIONS.
Notwithstanding any other provision of law, for the fiscal years 2004 and 2005, any report required by law or otherwise requested to be submitted by the Secretary of State or the Department of State to any committee of the Congress shall be submitted also to the Committee on International Relations of the House of Representatives.
SEC. 703. REPORTS CONCERNING THE CAPTURE AND PROSECUTION OF PARAMILITARY AND OTHER TERRORIST LEADERS IN COLOMBIA.
(a) FINDINGS- The Congress makes the following findings:
(1) As reported in the Department of State report Patterns of Global Terrorism 2001, the United Self-Defense Forces of Colombia (also referred to as `AUC' or `paramilitaries') have been designated as a foreign terrorist organization by the United States primarily because of their increasing reliance on terrorist methods, such as the use of massacres, to purposefully displace segments of the population as retaliation for allegedly supporting the AUC's rival organizations, the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN) of Colombia. According to the report, the paramilitaries also use terrorist tactics to compete for narcotics-trafficking corridors and prime coca-growing terrain.
(2) The Department of State concluded in the 2001 Country Report on Human Rights Practices that despite increased efforts by the Government of Colombia to combat and capture members of paramilitary groups, security forces sometimes illegally collaborate with paramilitaries forces and often fail to take action to prevent paramilitary attacks which lead to serious abuses of human rights.
(3) In September 2002, Amnesty International, Human Rights Watch, and the Washington Office on Latin America released a report which argued that the Colombian Government had not made substantial progress toward suspending officers implicated in human rights abuses, conducting effective judicial investigations of such abuses, or breaking the persistent links between some units of the Colombian military and paramilitary groups.
(4) In February 2003, the United Nations High Commissioner for Human Rights in Colombia reported that some units of the Colombian Security Forces continued to collude openly with illegal paramilitary groups in operations which resulted in violations of human rights.
(5) The Consolidated Appropriations Resolution, 2003 (Public Law 108-7) made available not less than $5,000,000 to support a Colombian Armed Forces unit which is dedicated to apprehending leaders of Colombian paramilitary organizations.
(b) REPORTS TO CONGRESS- Not later than 30 days after the date of enactment of this Act, and every 180 days thereafter, the Secretary of State, after consulting with internationally recognized human rights organizations pursuant to the procedures required in section 564(b) of the Consolidated Appropriations Resolution, 2003, shall submit a report, in unclassified form (with a classified annex if necessary), on the specific measures that the Colombian authorities are taking to apprehend effectively and prosecute aggressively leaders of paramilitary organizations, to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.
(c) CONTENTS OF REPORTS- Each report submitted pursuant to subsection (b) shall--
(1) identify which Colombian Armed Forces units are receiving assistance to apprehend leaders of Colombian paramilitary organizations;
(2) describe the amount and purposes of such assistance;
(3) describe operations by Colombian security forces to apprehend and arrest leaders of Colombian paramilitary organizations;
(4) list the number of detentions, captures, and arrests of leaders of Colombian paramilitary organizations, disaggregating the number according to those detentions, captures, and arrests which were carried out by Colombian security forces identified under paragraph (1);
(5) briefly describe the status of investigations and prosecutions of cases by the Colombian Attorney General's office involving the arrests of leaders of Colombian paramilitary organizations; and
(6) estimate the number of hours of use by the Colombian military of helicopters provided by the United States under Plan Colombia and successor programs to apprehend the leaders of Colombian paramilitary organizations, as well as leaders of the FARC and ELN, including those individuals who have United States indictments pending against them.
SEC. 704. REPORTS RELATING TO MAGEN DAVID ADOM SOCIETY.
(a) FINDINGS- Section 690(a) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228) is amended by adding at the end the following:
`(5) Since the founding of the Magen David Adom in 1930, the American Red Cross has regarded it as a sister national society forging close working ties between the two societies and has consistently advocated recognition and membership of the Magen David Adom in the International Red Cross and Red Crescent Movement.
`(6) The American Red Cross and Magen David Adom signed an important memorandum of understanding in November 2002, outlining areas for strategic collaboration, and the American Red Cross will encourage other societies to establish similar agreements with Magen David Adom.'.
(b) SENSE OF CONGRESS- Section 690(b) of such Act is amended--
(1) in paragraph (3) after the semicolon by striking `and';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new paragraph:
`(4) the High Contracting Parties to the Geneva Conventions of August 12, 1949, should adopt the October 12, 2000, draft additional protocol which would accord international recognition to an additional distinctive emblem; and'.
(c) REPORT- Section 690 of such Act is further amended by adding at the end the following:
`(c) REPORT- Not later than 60 days after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years 2004 and 2005 and annually thereafter, the Secretary of State shall submit a report, on a classified basis if necessary, to the appropriate congressional committees describing--
`(1) efforts by the United States to obtain full membership for the Magen David Adom in the International Red Cross Movement;
`(2) efforts by the International Committee of the Red Cross to obtain full membership for the Magen David Adom in the International Red Cross Movement;
`(3) efforts of the High Contracting Parties to the Geneva Convention of 1949 to adopt the October 12, 2000, draft additional protocol; and
`(4) the extent to which the Magen David Adom of Israel is participating in the activities of the International Red Cross and Red Crescent Movement.'.
SEC. 705. REPORT CONCERNING THE RETURN OF PORTRAITS OF HOLOCAUST VICTIMS TO THE ARTIST DINA BABBITT.
(a) FINDINGS- The Congress makes the following findings:
(1) Dina Babbitt (formerly known as Dinah Gottliebova), a United States citizen, has requested the return of watercolor portraits she painted while suffering a one and one-half year long internment at the Auschwitz death camp during World War II, where she was ordered to paint portraits by the infamous war criminal Dr. Josef Mengele.
(2) Congress has previously considered the issue, under the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228), and urged the Administration to facilitate the return of the paintings to Dina Babbitt.
(3) The Administration has not yet reported any progress in furthering this goal, nor has the Secretary reported on the status of any negotiations held with the intent of furthering this goal.
(b) SENSE OF CONGRESS- The Congress--
(1) continues to recognize the moral right of Dina Babbitt to obtain the artwork she created, and recognizes her courage in the face of the evils perpetrated by the Nazi command of the Auschwitz- Birkenau death camp, including the atrocities committed by Dr. Josef Mengele;
(2) urges the President of the United States to make all necessary efforts to retrieve the 7 watercolor portraits painted by Dina Babbitt, during her internment at the Auschwitz death camp; and
(3) urges the Secretary of State to make immediate diplomatic efforts to facilitate the transfer of the 7 original watercolors painted by Dina Babbitt from the Auschwitz-Birkenau State Museum to Dina Babbitt, their rightful owner.
(c) REPORTING REQUIREMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees, describing all diplomatic efforts the United States has taken to facilitate the return of the paintings referred to in this section to Dina Babbitt.
SEC. 706. REPORT TO CONGRESS ON USE OF VESTED ASSETS.
Section 203(a) of the International Emergency Economic Powers Act (50 U.S.C. 1702(a)) is amended--
(1) in subparagraph (C), by inserting `, subject to paragraph (4),' after `such interest or property shall'; and
(2) by adding at the end the following:
`(4) The authority under paragraph (1)(C) to use property that has been vested or to use assets that have been liquidated may not be exercised until 15 days after the President has notified the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate of the purpose for which such vested property or liquidated assets will be so used.'.
SEC. 707. REPORT CONCERNING THE CONFLICT IN UGANDA.
(a) SENSE OF CONGRESS- It is the sense of the Congress that the United States should--
(1) exhaust all diplomatic means and pressures, including the creation of a United States role in negotiating humanitarian access to hitherto inaccessible populations which would offer an opportunity to bring the warring parties together to build confidence, to support an immediate peaceful resolution to the 16-year old conflict in Northern Uganda that has--
(A) killed an estimated 23,000 people, including 12,000 civilians,
(B) resulted in the forced abduction, sexual servitude, and armed recruitment of between 16,000 to 26,000 Ugandan children by the Lord's Resistance Army, a renegade army that has in the past sought refuge in southern Sudan and raided villages in northern Uganda,
(C) displaced over 800,000 Ugandan citizens and Sudanese refugees,
(D) resulted in the death and abduction of humanitarian aid workers, and
(E) gravely inhibited the delivery of emergency assistance and food aid to nearly 1 million northern Ugandan civilians dependent on such assistance for survival;
(2) urge rebel forces to stop the abduction of children, urge all forces to stop the use of child soldiers, and seek the release of all forcibly-held children;
(3) make available technical assistance resources to seek, track, and stop funding for the Lord's Resistance Army (LRA) from all sources and condemn all governments and organizations who do assist the LRA;
(4) monitor and support negotiations conducted by an third-party institutions for an immediate cease-fire between the LRA and the Ugandan Government, and to explore the possibility of facilitating the creation of mechanisms for an international monitoring team to enforce this cease-fire as the first step in the process toward a permanent peace;
(5) continue supporting the Sudan Peace Process and Danforth Initiative, which includes peace talks, donor coordination, regional support, civilian protection and monitoring, and cease-fire verification and consider modeling aspects of this process in northern Uganda;
(6) make available sufficient resources to meet the immediate relief of the towns and cities supporting large displaced populations, including food, clean water, medicine, shelter, and clothing;
(7) make available increased resources for assistance to released and returned abducted children and child soldiers and ensure that amnesty is provided when appropriate;
(8) work with other donors and the Ugandan Government to increase resources and technical support to the Uganda Amnesty Commission for the increased demobilization of rebel combatants;
(9) examine ways in which development assistance can help those living in protective villages in northern Uganda return to and cultivate farmland; and
(10) condition military assistance to Uganda on its international compliance with sustained troop withdrawals from the Democratic Republic of Congo where the presence of Ugandan armies has contributed to the violence and instability in the region.
(b) REPORTS TO CONGRESS- Not later than 180 days after the date of the enactment of this Act, and not later than April 1 of each subsequent year, the Secretary shall submit to the appropriate congressional committees a report on the comprehensive actions of the United States in seeking a peaceful and immediate solution to conflict in northern Uganda as well as humanitarian assistance efforts to the region, including efforts to advance each area addressed in subsection (a).
Subtitle B--Other Matters
SEC. 721. SENSE OF CONGRESS RELATING TO EAST TIMOR, JUSTICE, AND REHABILITATION.
(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.
(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'.
DIVISION B--DEFENSE TRADE AND SECURITY ASSISTANCE REFORM ACT OF 2003
TITLE X--GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the `Defense Trade and Security Assistance Reform Act of 2003'.
SEC. 1002. DEFINITIONS.
Except as otherwise provided, in this division:
(1) DEFENSE ARTICLES- The term `defense articles' has the meaning given the term in section 47(7)(A) of the Arms Export Control Act (as amended by section 1107(d) of this Act).
(2) DEFENSE SERVICES- The term `defense services' has the meaning given the term in section 47(7)(B) of the Arms Export Control Act (as amended by section 1107(d) of this Act).
(3) DUAL USE- The term `dual use' means, with respect to goods or technology, those goods or technology that are specifically designed or developed for civil purposes but which also may be used or deployed in a military mode.
(4) EXPORT ADMINISTRATION REGULATIONS- The term `Export Administration Regulations' means those regulations contained in sections 730-774 of title 15, Code of Federal Regulations (or successor regulations).
(5) GOOD- The term `good' has the meaning given the term in section 16(3) of the Export Administration Act of 1979 (50 U.S.C. App. 2415(3)).
(6) INTERNATIONAL TRAFFIC IN ARMS REGULATIONS- The term `International Traffic in Arms Regulations' means those regulations contained in sections 120-130 of title 22, Code of Federal Regulations (or successor regulations).
(7) MISSILE TECHNOLOGY CONTROL REGIME; MTCR- The term `Missile Technology Control Regime' or `MTCR' has the meaning given the term in section 11B(c)(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2401b(c)(2)).
(8) MISSILE TECHNOLOGY CONTROL REGIME ANNEX; MTCR ANNEX- The term `Missile Technology Control Regime Annex' or `MTCR Annex' has the meaning given the term in section 11B(c)(4) of the Export Administration Act of 1979 (50 U.S.C. App. 2401b(c)(4)).
(9) OPERATION IRAQI FREEDOM- The term `Operation Iraqi Freedom' means operations of United States Armed Forces, the armed forces of the United Kingdom, and the armed forces of other coalition member countries initiated on or about March 19, 2003--
(A) to disarm Iraq of its weapons of mass destruction;
(B) to enforce United Nations Security Council Resolution 1441 (November 8, 2002) and other relevant Security Council resolutions with respect to Iraq; and
(C) to liberate the people of Iraq from the regime of Saddam Hussein.
(10) TECHNOLOGY- The term `technology' has the meaning given the term in section 16(4) of the Export Administration Act of 1979 (50 U.S.C. App. 2415(4)).
SEC. 1003. REFERENCES TO ARMS EXPORT CONTROL ACT.
Except as otherwise specifically provided, whenever in this division an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to that section or other provision of the Arms Export Control Act (22 U.S.C. 2751 et seq.).
TITLE XI--TERRORIST-RELATED PROHIBITIONS AND ENFORCEMENT MEASURES
SEC. 1101. ELIGIBILITY PROVISIONS.
(a) INELIGIBILITY FOR TERRORIST RELATED TRANSACTIONS- Section 3(c)(1) (22 U.S.C. 2753(c)(1)) is amended--
(1) in each of subparagraphs (A) and (B), by striking `or any predecessor Act,' and inserting `, any predecessor Act, or licensed or approved under section 38 of this Act, to carry out a transaction with a country, the government of which the Secretary of State has determined is a state sponsor of international terrorism for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or otherwise uses such defense articles or defense services'; and
(2) by adding at the end the following:
`(C) In this section, the term `transaction' means the taking of any action, directly or indirectly, by a foreign country that would be a transaction prohibited by section 40 of this Act with respect to the United States Government and United States persons.'.
(b) REPORTING REQUIREMENT- Section 3(e) (22 U.S.C. 2753(e)) is amended by inserting after `the Foreign Assistance Act of 1961,' the following: `regardless of whether the article or service has been sold or otherwise furnished by the United States Government or licensed under section 38 of this Act,'.
SEC. 1102. WEAPONS TRANSFERS TO FOREIGN PERSONS IN THE UNITED STATES.
Section 38(a)(1) (22 U.S.C. 2778(a)(1)) is amended in the first sentence by inserting after `import and the export of defense articles and defense services' the following: `, or the transfer of such articles, other than firearms (or ammunition, components, parts, accessories, or attachments for firearms), and services within the United States to foreign persons,'.
SEC. 1103. COORDINATION OF LICENSE EXEMPTIONS WITH UNITED STATES LAW ENFORCEMENT AGENCIES.
(a) SENSE OF CONGRESS- In view of the historic difficulties in the enforcement of the Arms Export Control Act (22 U.S.C. 2751 et seq.) associated with violations involving exports of defense articles and defense services that have been exempted by regulation from the licensing requirements of section 38 of such Act, it is the sense of Congress that the establishment of new exemptions by regulation should only be undertaken after careful coordination with the appropriate United States law enforcement agencies.
(b) AMENDMENT- Section 38(b)(2) (22 U.S.C. 2778(b)(2)) is amended by adding at the end the following new sentences: `In promulgating regulations under subsection (a)(1) in accordance with the preceding sentence, any provision in such regulations that permits the export of defense articles or defense services without a license shall include a determination by the Attorney General, in consultation with the Secretary of Homeland Security and the Director of the Federal Bureau of Investigation, that the compilation and maintenance of sufficient documentation relating to the export without a license of the articles or services is ensured, notwithstanding the absence of a license, to facilitate law enforcement efforts to detect, prevent, and prosecute criminal violations of any provision of this section, section 39, or section 40 of this Act, including the efforts on the part of countries and factions engaged in international terrorism to illicitly acquire defense articles and defense services. No defense article or defense service designated by the President under subsection (a)(1) may be exported without a license pursuant to a regulation under subsection (a)(1) that is promulgated on or after January 1, 2003, until 30 days after the date on which the President provides notice of the proposed regulation to the Committee on International Relations of the House of Representatives and to the Committee on Foreign Relations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961, including a description of the criteria that would be used to permit the export of the article or service and any measures to facilitate law enforcement efforts associated with the Attorney General's determination required by the preceding sentence.'.
SEC. 1104. MECHANISMS TO IDENTIFY PERSONS IN VIOLATION OF CERTAIN PROVISIONS OF LAW.
Section 38(g)(1)(A) (22 U.S.C. 2778(g)(1)(A)) is amended--
(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--
(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.
(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';
(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.
(1) STUDY- The Secretary, in consultation with the Secretary of Homeland Security and the Secretary of Defense, and through the Federal advisory committee structure with the public, shall conduct a study to examine the relative advantages and disadvantages to the United States Government, the United States defense industry, including United States small businesses, and to other public constituencies of co-locating relevant functions and personnel of the Department of State, the Department of Homeland Security, and the Department of Defense with the Office of Defense Trade Controls of the Department of State at a central location convenient to the public and United States defense industry, without prejudice to the responsibilities and prerogatives of the Secretary, the Secretary of Homeland Security, and the Secretary of Defense under existing law.
(2) REPORT- Not later than 180 days after the date of the enactment of this Act, the Secretary shall prepare and submit to the appropriate congressional committees a report that contains the results of study conducted under paragraph (1).
TITLE XIII--SECURITY ASSISTANCE AND RELATED PROVISIONS
Subtitle A--Foreign Military Sales and Financing Authorities
SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the President for grant assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763) and for the subsidy cost, as defined in section 502(5) of the Federal Credit Reform Act of 1990, of direct loans under such section $4,414,000,000 for fiscal year 2004.
SEC. 1302. PROVISION OF CATALOGING DATA AND SERVICES.
Section 21(h)(2) (22 U.S.C. 2761(h)(2)) is amended by striking `or to any member government of that Organization if that Organization or member government' and inserting `, to any member of that Organization, or to the Governments of Australia, New Zealand, or Japan if that Organization, member government, or the Governments of Australia, New Zealand, or Japan'.
SEC. 1303. ANNUAL ESTIMATE AND JUSTIFICATION FOR SALES PROGRAM.
Section 25(a)(1) (22 U.S.C. 2765(a)(1)) is amended by inserting after `$7,000,000 or more' the following `(or, in the case of a member country of the North Atlantic Treaty Organization (NATO), Australia, New Zealand, or Japan, $25,000,000 or more)'.
SEC. 1304. ADJUSTMENT TO ADVANCE NOTIFICATION REQUIREMENT FOR TRANSFER OF CERTAIN EXCESS DEFENSE ARTICLES.
Section 516(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321i) is amended by striking `significant military equipment (as defined in section 47(9) of the Arms Export Control Act)' and inserting `major defense equipment (as defined in section 47(6) of the Arms Export Control Act)'.
Subtitle B--International Military Education and Training
SEC. 1311. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the President $91,700,000 for fiscal year 2004 to carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).
SEC. 1312. ANNUAL FOREIGN MILITARY TRAINING REPORTING.
Section 656(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2416(a)(1)) is amended--
(1) by striking `January 31' and inserting `March 1'; and
(2) by striking `and all such training proposed for the current fiscal year'.
Subtitle C--Assistance for Select Countries
SEC. 1321. ASSISTANCE FOR ISRAEL.
Section 513 of the Security Assistance Act of 2000 (Public Law 106-280) is amended--
(1) in subsection (b)(1), by striking `2002 and 2003' and inserting `2003 through 2005';
(2) in subsection (c)(1), by striking `2002 and 2003' and inserting `2003 through 2005';
(3) in subsection (c)(3)--
(A) by striking `fiscal years 2002 and 2003' and inserting `fiscal years 2004 and 2005';
(B) by striking `fiscal year 2002' and inserting `fiscal year 2004'; and
(C) by striking `fiscal year 2003, or' and inserting `fiscal year 2005, or'; and
(4) in subsection (c)(4)--
(A) by striking `2002 and 2003' and inserting `2003 through 2005'; and
(B) by striking `$535,000,000 for fiscal year 2002' and all that follows through `fiscal year 2003' and inserting `$550,000,000 for fiscal year 2003, not less than $565,000,000 for fiscal year 2004, and not less than $580,000,000 for fiscal year 2005'.
SEC. 1322. ASSISTANCE FOR EGYPT.
Section 514 of the Security Assistance Act of 2000 (Public Law 106-280) is amended--
(1) by striking `2002 and 2003' each place it appears and inserting `2003 through 2005'; and
(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--International Narcotics Control Assistance
SEC. 1331. 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. 1332. 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.
Subtitle E--Miscellaneous Provisions
SEC. 1341. 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. 1342. 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. 1343. 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. 1344. 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. 1345. 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. 1346. 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.
(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. 1347. 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. 1348. ASSISTANCE TO EAST TIMOR.
Section 632(b)(1) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-277) is amended by striking `the fiscal year 2003' and inserting `each of the fiscal years 2003, 2004, and 2005'.
SEC. 1349. 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. 1350. AMENDMENT TO THE AFGHANISTAN FREEDOM SUPPORT ACT OF 2002.
The Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.) is amended--
(1) in section 103(a) by striking `section 512 of Public Law 107-115 or any similar' and inserting `any other'; and
(1) in section 207(b) by striking `section 512 of Public Law 107-115 or any similar' and inserting `any other'.
SEC. 1351. 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. 1352. COMBATTING THE PIRACY OF UNITED STATES COPYRIGHTED MATERIALS.
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 officials.
(2) Training for judges and prosecutors.
(3) Assistance in complying with obligations under appropriate international copyright and intellectual property treaties and agreements.
SEC. 1353. 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. 1354. 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. 1355. 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. 1356. 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.
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--
`(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--
(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.
END