HR 1950 RH

Union Calendar No. 105

108th CONGRESS

1st Session

H. R. 1950

[Report No. 108-105, Parts I, II, III, and IV]

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

May 16, 2003

Reported with an amendment and referred to the Committees on Armed Services, Energy and Commerce, and the Judiciary for a period ending not later than June 13, 2003, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of those committees pursuant to clause 1 of Rule X

[Strike all after the enacting clause and insert the part printed in italic]

June 9, 2003

Referral to the Committees on Armed Services, Energy and Commerce, and the Judiciary extended for a period ending not later than June 16, 2003

June 12, 2003

Supplemental report filed by the Committee on International Relations

June 16, 2003

The Committee on the Judiciary discharged

June 16, 2003

Referral to the Committees on Armed Services and Energy and Commerce extended for a period ending not later than July 11, 2003

June 30, 2003

Reported from the Committee on Armed Services with amendments

[Omit the part struck through in italic and insert the part in boldface roman]

July 11, 2003

Reported from the Committee on Energy and Commerce with an amendment, committed to the Committee on the Whole House on the State of the Union, and ordered printed

[Omit the part in bold brackets]

[For text of introduced bill, see copy of bill as introduced on May 5, 2003]

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.

SECTION 1. SHORT TITLE.

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

Subtitle B--United States International Broadcasting Activities

TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

Subtitle A--United States Public Diplomacy

Subtitle B--Basic Authorities and Activities

Subtitle C--Educational and Cultural Authorities

Subtitle D--Consular Authorities

TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE

TITLE IV--INTERNATIONAL ORGANIZATIONS

Subtitle A--Basic Authorities and Activities

Subtitle B--United States International Leadership

TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES

Subtitle A--Basic Authorities and Activities

Subtitle B--Global Internet Freedom

Subtitle C--Reorganization of United States International Broadcasting

TITLE VI--INTERNATIONAL FREE MEDIA ACT OF 2003

TITLE VII--MISCELLANEOUS PROVISIONS

Subtitle A--Reporting Requirements

Subtitle B--Other Matters

DIVISION B--DEFENSE TRADE AND SECURITY ASSISTANCE REFORM ACT OF 2003

TITLE X--GENERAL PROVISIONS

TITLE XI--TERRORIST-RELATED PROHIBITIONS AND ENFORCEMENT MEASURES

TITLE XII--STRENGTHENING MUNITIONS EXPORT CONTROLS

TITLE XIII--SECURITY ASSISTANCE AND RELATED PROVISIONS

Subtitle A--Foreign Military Sales and Financing Authorities

Subtitle B--International Military Education and Training

Subtitle C--Assistance for Select Countries

Subtitle D--Miscellaneous Provisions

TITLE XIV--MISSILE THREAT REDUCTION ACT OF 2003

Subtitle A--Strengthening International Missile Nonproliferation Law

Subtitle B--Strengthening United States Missile Nonproliferation Law

Subtitle C--Incentives for Missile Threat Reduction

[Struck out->] TITLE XV--EXPORTS OF SATELLITES [<-Struck out]

TITLE [Struck out->] XVI [<-Struck out] XV--PROMOTION OF DEMOCRACY, HUMAN RIGHTS, AND RULE OF LAW IN BELARUS

TITLE [Struck out->] XVII [<-Struck out] XVI--ISRAELI-PALESTINIAN PEACE ENHANCEMENT ACT OF 2003

TITLE [Struck out->] XVIII [<-Struck out] XVII--MISCELLANEOUS FOREIGN ASSISTANCE PROVISIONS

SEC. 3. DEFINITIONS.

DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEARS 2004 AND 2005

SEC. 101. SHORT TITLE.

TITLE I--AUTHORIZATIONS OF APPROPRIATIONS

Subtitle A--Department of State

SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS.

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).

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.

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;

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. 59. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE.

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.

SEC. 203. ANNUAL PLAN ON PUBLIC DIPLOMACY STRATEGY.

SEC. 204. PUBLIC DIPLOMACY TRAINING.

SEC. 205. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.

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.'.

SEC. 206. LIBRARY PROGRAM.

SEC. 207. SENSE OF CONGRESS CONCERNING PUBLIC DIPLOMACY EFFORTS IN SUB-SAHARAN AFRICA.

SEC. 208. THE COLIN POWELL CENTER FOR AMERICAN DIPLOMACY.

`SEC. 60. COLIN POWELL CENTER FOR AMERICAN DIPLOMACY.

Subtitle B--Basic Authorities and Activities

SEC. 221. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS THE CAPITAL OF ISRAEL.

Secretary shall, upon the request of the citizen or the citizen's legal guardian, record the place of birth as Israel.'.

SEC. 222. MODIFICATION OF REPORTING REQUIREMENTS.

SEC. 223. REPORT CONCERNING EFFORTS TO PROMOTE ISRAEL'S DIPLOMATIC RELATIONS WITH OTHER COUNTRIES.

[Struck out->] SEC. 224. REIMBURSEMENT RATE FOR AIRLIFT SERVICES PROVIDED TO THE DEPARTMENT OF STATE. [<-Struck out]

SEC. 224. REIMBURSEMENT RATE FOR CERTAIN AIRLIFT SERVICES PROVIDED BY THE DEPARTMENT OF DEFENSE TO THE DEPARTMENT OF STATE.

`Sec. 2642. Airlift services provided to Central Intelligence Agency and Department of State: reimbursement rate'.

SEC. 225. SENSE OF CONGRESS REGARDING ADDITIONAL UNITED STATES CONSULAR POSTS.

SEC. 226. VALIDITY OF UNITED STATES PASSPORTS FOR TRAVEL TO COUNTRIES RECEIVING UNITED STATES FOREIGN ASSISTANCE.

[Struck out->] SEC. 227. SECURITY CAPITAL COST SHARING. [<-Struck out]

SEC. 227. GAO ASSESSMENT OF SECURITY CAPITAL COST SHARING.

SEC. 228. AUTHORITY TO ISSUE ADMINISTRATIVE SUBPOENAS.

SEC. 229. ENHANCING REFUGEE RESETTLEMENT AND MAINTAINING THE UNITED STATES COMMITMENT TO REFUGEES.

a broader cross-section could be considered for resettlement in the United States if the Department of State were to expand existing refugee processing priority categories in a reasonable and responsible manner. Expansion of refugee selection should include the expanded use of both the existing category reserved for refugees of special interest to the United States as well as the existing categories reserved for family reunification.

where the Secretary has made such a determination, as described in subsection (c).

SEC. 230. THE COLIN POWELL CENTER FOR AMERICAN DIPLOMACY.

`SEC. 60. COLIN POWELL CENTER FOR AMERICAN DIPLOMACY.

Subtitle C--Educational and Cultural Authorities

SEC. 251. ESTABLISHMENT OF INITIATIVES FOR PREDOMINANTLY MUSLIM COUNTRIES.

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.

SEC. 252. DATABASE OF AMERICAN AND FOREIGN PARTICIPANTS IN EXCHANGE PROGRAMS.

SEC. 253. REPORT ON INCLUSION OF FREEDOM AND DEMOCRACY ADVOCATES IN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.

SEC. 254. SENSE OF THE CONGRESS CONCERNING EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM FOR FOREIGN JOURNALISTS.

SEC. 255. SENSE OF CONGRESS REGARDING KOREAN FULBRIGHT PROGRAMS.

SEC. 256. AUTHORIZING EAST TIMORESE SCHOLARSHIPS FOR GRADUATE STUDY.

SEC. 257. PUBLIC SAFETY AWARENESS IN STUDY ABROAD PROGRAMS.

Subtitle D--Consular Authorities

SEC. 271. MACHINE READABLE VISAS.

SEC. 272. PROCESSING OF VISA APPLICATIONS.

SEC. 273. STAFFING AT DIPLOMATIC MISSIONS.

TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE

SEC. 301. FELLOWSHIP OF HOPE PROGRAM.

SEC. 302. CLAIMS FOR LOST PAY.

SEC. 303. OMBUDSMAN FOR THE DEPARTMENT OF STATE.

SEC. 304. REPEAL OF RECERTIFICATION REQUIREMENT FOR SENIOR FOREIGN SERVICE.

SEC. 305. REPORT CONCERNING STATUS OF EMPLOYEES OF STATE DEPARTMENT.

SEC. 306. HOME LEAVE.

SEC. 307. INCREASED LIMITS APPLICABLE TO POST DIFFERENTIALS AND DANGER PAY ALLOWANCES.

and danger pay allowances under section 5928 of title 5, United States Code.

SEC. 308. REGULATIONS REGARDING RETIREMENT CREDIT FOR GOVERNMENT SERVICE PERFORMED ABROAD.

SEC. 309. MINORITY RECRUITMENT.

SEC. 310. MERITORIOUS STEP INCREASES.

TITLE IV--INTERNATIONAL ORGANIZATIONS

Subtitle A--Basic Authorities and Activities

SEC. 401. RAISING THE CAP ON PEACEKEEPING CONTRIBUTIONS.

SEC. 402. REGARDING THE REENTRY OF THE UNITED STATES IN UNESCO.

SEC. 403. UNESCO NATIONAL COMMISSION.

SEC. 404. ORGANIZATION OF AMERICAN STATES (OAS) EMERGENCY FUND.

SEC. 405. UNITED STATES EFFORTS REGARDING THE STATUS OF ISRAEL IN THE WESTERN EUROPEAN AND OTHERS GROUP AT THE UNITED NATIONS.

Subtitle B--United States International Leadership

SEC. 431. SHORT TITLE.

SEC. 432. FINDINGS.

SEC. 433. ESTABLISHMENT OF A DEMOCRACY CAUCUS.

SEC. 434. ANNUAL DIPLOMATIC MISSIONS ON MULTILATERAL ISSUES.

SEC. 435. LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL ORGANIZATIONS.

States chiefs of mission, shall use the voice, vote, and influence of the United States to--

SEC. 436. INCREASED TRAINING IN MULTILATERAL DIPLOMACY.

SEC. 437. PROMOTING ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS.

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.

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. 310. MIDEAST RADIO AND TELEVISION NETWORK, INC.

SEC. 502. IMPROVING SIGNAL DELIVERY TO CUBA.

the Frequency Modulation (FM) Band, and the Shortwave (SW) Band.';

SEC. 503. REPORT CONCERNING EFFORTS TO COUNTER JAMMING OF BROADCASTS OF RADIO MARTI AND TV MARTI.

SEC. 504. PILOT PROGRAM FOR THE PROMOTION OF TRAVEL AND TOURISM IN THE UNITED STATES THROUGH UNITED STATES INTERNATIONAL BROADCASTING.

SEC. 505. RADIO FREE ASIA BROADCASTS INTO NORTH KOREA.

SEC. 506. PROHIBITION ON ELIMINATION OF INTERNATIONAL BROADCASTING IN EASTERN EUROPE.

Subtitle B--Global Internet Freedom

SEC. 521. SHORT TITLE.

SEC. 522. FINDINGS.

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'.

SEC. 523. PURPOSES.

SEC. 524. DEVELOPMENT AND DEPLOYMENT OF TECHNOLOGIES TO DEFEAT INTERNET JAMMING AND CENSORSHIP.

Subtitle C--Reorganization of United States International Broadcasting

SEC. 531. ESTABLISHMENT OF UNITED STATES INTERNATIONAL BROADCASTING AGENCY.

`SEC. 304. ESTABLISHMENT OF UNITED STATES INTERNATIONAL BROADCASTING AGENCY.

SEC. 532. AUTHORITIES AND FUNCTIONS OF THE AGENCY.

`SEC. 305. AUTHORITIES AND FUNCTIONS OF THE AGENCY.

Act of 1998, to the extent the Director considers necessary in carrying out the provisions and purposes of this title.

SEC. 533. ROLE OF THE SECRETARY OF STATE.

`SEC. 306. ROLE OF THE SECRETARY OF STATE.

SEC. 534. ADMINISTRATIVE PROVISIONS.

`SEC. 307. ADMINISTRATIVE PROVISIONS.

SEC. 535. BROADCASTING BOARD OF GOVERNORS AND INTERNATIONAL BROADCASTING BUREAU.

SEC. 536. TRANSITION.

SEC. 537. CONFORMING AMENDMENTS.

`Board of Directors of the United States International Broadcasting Agency'.

SEC. 538. REFERENCES.

SEC. 539. BROADCASTING STANDARDS.

SEC. 540. EFFECTIVE DATE.

TITLE VI--INTERNATIONAL FREE MEDIA ACT OF 2003

SEC. 601. SHORT TITLE.

SEC. 602. DEFINITIONS.

SEC. 603. FINDINGS.

SEC. 604. STATEMENTS OF POLICY.

SEC. 605. COORDINATOR FOR INTERNATIONAL FREE MEDIA.

SEC. 606. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY AND INTERNATIONAL MEDIA.

SEC. 607. INTERNATIONAL FREE MEDIA FUND.

SEC. 608. FREE MEDIA PROMOTION ACTIVITY OF THE BROADCASTING BOARD OF GOVERNORS.

TITLE VII--MISCELLANEOUS PROVISIONS

Subtitle A--Reporting Requirements

[Struck out->] SEC. 701. REPORTS ON BENCHMARKS FOR BOSNIA. [<-Struck out]

SEC. 702 701. REPORTS TO COMMITTEE ON INTERNATIONAL RELATIONS.

SEC. 703 702. REPORTS CONCERNING THE CAPTURE AND PROSECUTION OF PARAMILITARY AND OTHER TERRORIST LEADERS IN COLOMBIA.

SEC. 704 703. REPORTS RELATING TO MAGEN DAVID ADOM SOCIETY.

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--

SEC. 705 704. REPORT CONCERNING THE RETURN OF PORTRAITS OF HOLOCAUST VICTIMS TO THE ARTIST DINA BABBITT.

SEC. 706 705. REPORT TO CONGRESS ON USE OF VESTED ASSETS.

SEC. 707 706. REPORT CONCERNING THE CONFLICT IN UGANDA.

SEC. 708 707. REQUIREMENT FOR REPORT ON UNITED STATES POLICY TOWARD HAITI.

SEC. 709 708. REPORT ON THE EFFECTS OF PLAN COLOMBIA ON ECUADOR.

SEC. 710 709. REPORT ON ACTIONS TAKEN BY PAKISTAN.

SEC. 711 710. REPORT ON DEMOCRACY IN THE WESTERN HEMISPHERE.

SEC. 712 711. REPORT CONCERNING INTERNAL AND INTRA-REGIONAL CONFLICTS IN THE GREAT LAKES REGION OF AFRICA.

Subtitle B--Other Matters

SEC. 721. SENSE OF CONGRESS RELATING TO EAST TIMOR, JUSTICE, AND REHABILITATION.

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

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.

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'.

SEC. 725. TECHNICAL CORRECTION TO AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2003 FOR CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST AND WEST.

SEC. 726. UNDER SECRETARY OF COMMERCE FOR INDUSTRY AND SECURITY.

SEC. 727. CONCERNING THE SPREAD OF WEAPONS OF MASS DESTRUCTION.

SEC. 728. INTERNATIONAL AGRICULTURAL BIOTECHNOLOGY INFORMATION PROGRAM.

SEC. 729. REFUGEE RESETTLEMENT BURDENSHARING.

[Struck out->][ SEC. 730. SENSE OF CONGRESS ON CLIMATE CHANGE.

      [Struck out->][ (2) The Intergovernmental Panel on Climate Change (in this section referred to as the `IPCC') has concluded that `there is new and stronger evidence that most of the warming observed over the last 50 years is attributable to human activities' and that the Earth's average temperature can be expected to rise between 2.5 and 10.4 degrees Fahrenheit in this century.

      [Struck out->][ (3) The National Academy of Sciences confirmed the findings of the IPCC, stating that `the IPCC's conclusion that most of the observed warming of the last 50 years is likely to have been due to the increase of greenhouse gas concentrations accurately reflects the current thinking of the scientific community on this issue' and that `there is general agreement that the observed warming is real and particularly strong within the past twenty years'. The National Academy of Sciences also noted that `because there is considerable uncertainty in current understanding of how the climate system varies naturally and reacts to emissions of greenhouse gases and aerosols, current estimates of the magnitude of future warming should be regarded as tentative and subject to future adjustments upward or downward'.

      [Struck out->][ (4) The IPCC has stated that in the last 40 years, the global average sea level has risen, ocean heat content has increased, and snow cover and ice extent have decreased, which threatens to inundate low-lying island nations and coastal regions throughout the world.

      [Struck out->][ (5) In October 2000, a report of the United States interagency Global Change Research Program found that global climate change may harm the United States by altering crop yields, accelerating sea-level rise, and increasing the spread of tropical infectious diseases.

      [Struck out->][ (6) In 1992, the United States ratified the United Nations Framework Convention on Climate Change (in this section referred to as the `UNFCCC'), the ultimate objective of which is the `stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a level should be achieved within a time-frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner'.

      [Struck out->][ (7) The UNFCCC stated in part that the Parties to the UNFCCC are to implement policies `with the aim of returning . . . to their 1990 levels anthropogenic emissions of carbon dioxide and other greenhouse gases' under the principle that `policies and measures . . . should be appropriate for the specific conditions of each Party and should be integrated with national development programmes, taking into account that economic development is essential for adopting measures to address climate change'.

      [Struck out->][ (8) There is a shared international responsibility to address this problem, as industrial nations are the largest historic and current emitters of greenhouse gases and developing nations' emissions will significantly increase in the future.

      [Struck out->][ (9) The UNFCCC further stated that `developed country Parties should take the lead in combating climate change and the adverse effects thereof', as these nations are the largest historic and current emitters of greenhouse gases. The UNFCCC also stated that `steps required to understand and address climate change will be environmentally, socially and economically most effective if they are based on relevant scientific, technical and economic considerations and continually re-evaluated in the light of new findings in these areas'.

      [Struck out->][ (10) Any future, binding treaty on climate change must not result in serious harm to the United States economy, and should not cause the United States to abandon its shared responsibility to help reduce the risks of climate change and its impacts. Future international efforts in this regard should focus on recognizing the equitable responsibilities for addressing climate change by all nations, including commitments by the largest developing country emitters in a future, binding climate change treaty.

      [Struck out->][ (11) While the United States has elected against becoming a party to the Kyoto Protocol to the UNFCCC at this time, it is the position of the United States that it will not interfere with the plans of any nation that chooses to ratify and implement the Kyoto Protocol.

      [Struck out->][ (12) United States businesses need to know how governments worldwide will address the risks of climate change. By committing themselves to reducing their greenhouse gas emissions, leading companies in the United States and worldwide are doing more than addressing the problem of climate change--they are also improving their competitive positioning. More than 30 major corporations, most with operations in the United States, have specifically committed themselves to reducing their greenhouse gas emissions.

      [Struck out->][ (13) The United States benefits from investments in the research, development, and deployment of a range of clean energy and efficiency technologies that can reduce the risks of climate change and its impacts and that can make the United States economy more productive, bolster energy security, create jobs, and protect the environment.

    [Struck out->][ (b) Sense of Congress- It is the sense of the Congress that the United States should demonstrate international leadership and responsibility in reducing the health, environmental, and economic risks posed by climate change by--

      [Struck out->][ (1) taking responsible action to ensure significant and meaningful reductions in emissions of greenhouse gases from all sectors;

      [Struck out->][ (2) creating flexible international and domestic mechanisms, including joint implementation, technology deployment, tradable credits for emissions reductions, and carbon sequestration projects that will reduce, avoid, and sequester greenhouse gas emissions;

      [Struck out->][ (3) participating in international negotiations, including putting forth a proposal to the Conference of the Parties to the UNFCCC, with the objective of securing United States participation in a future binding treaty on climate change in a manner that protects the economic interests of the United States, is consistent with the environmental objectives of the UNFCCC, and recognizes the shared international responsibility for addressing climate change, including developing country participation; and

      [Struck out->][ (4) establishing a bipartisan observer group of Members of the House of Representatives, designated by the chairman and ranking member of the Committee on International Relations of the House of Representatives, to monitor any international negotiations on climate change. ][<-Struck out]

SEC. 731. SENSE OF CONGRESS REGARDING MIGRATION ISSUES BETWEEN THE UNITED STATES AND MEXICO.

    (a) FINDINGS- The Congress finds as follows:

      (1) During President Bush's first meeting with President Fox in Guanajuato, Mexico, the Presidents stated in the Joint Communique of February 16, 2001 that `we are instructing our Governments to engage, at the earliest opportunity, in formal high level negotiations aimed at achieving short and long-term agreements that will allow us to constructively address migration and labor issues between our two countries.'.

      (2) During President Fox's official visit to Washington, D.C., the Joint Statement of September 6, 2001, summarized the meeting as follows: `The Presidents reviewed the progress made by our joint working group on migration chaired by Secretaries Powell, CastaZeda, and Creel and Attorney General Ashcroft and noted this represented the most fruitful and frank dialogue we have ever had on a subject so important to both nations. They praised implementation of the border safety initiative, and recognized that migration-related issues are deeply felt by our publics and vital to our prosperity, well-being, and the kind of societies we want to build. They renewed their commitment to forging new and realistic approaches to migration to ensure it is safe, orderly, legal and dignified, and agreed on the framework within which this ongoing effort is based. This includes: matching willing workers with willing employers; serving the social and economic needs of both countries; respecting the human dignity of all migrants, regardless of their status; recognizing the contribution migrants make to enriching both societies; shared responsibility for ensuring migration takes place through safe and legal channels. Both stressed their commitment to continue our discussions, instructing the high-level working group to reach mutually satisfactory results on border safety, a temporary worker program and the status of undocumented Mexicans in the United States. They requested that the working group provide them proposals with respect to these issues as soon as possible. The Presidents recognized that this is an extraordinarily challenging area of public policy, and that it is critical to address the issue in a timely manner and with appropriate thoroughness and depth.'.

      (3) On September 7, 2001, during President Fox's historic State Visit to Washington, the United States and Mexico issued a joint statement instructing our cabinet-level working group to provide us with specific proposals to forge a new and realistic framework that will ensure a safe, legal, orderly, and dignified migration flow between our countries. We have today agreed that our Cabinet level migration group should continue the work we charged it with in Guanajuato and Washington.

      (4) When the Presidents met in Monterrey, Mexico, the Presidents stated in a Joint Statement on March 22, 2002, as follows: `Slightly more than one year ago, in Guanajuato, we talked about migration as one of the major ties that join our societies. We launched then the frankest and most productive dialogue our countries have ever had on this important and challenging subject. Those talks have continued over the past year, and have yielded a clearer assessment of the scope and nature of this issue. This bond between our nations can render countless benefits to our respective economies and families.

      (5) Over the past year, important progress has been made to enhance migrant safety and particularly in saving lives by discouraging and reducing illegal crossings in dangerous terrain.

      (6) At the conclusion of the Mexico-United States Binational Commission (BNC) meeting in Mexico City in November 2002, Secretary of State Powell's press conference was summarized by the State Department as follows: The BNC's migration working group `affirmed our strong commitment to advancing our bilateral migration agenda,' he stressed, adding that `there should be no doubt in anyone's mind that this is a priority for President Bush, just as it is a priority for [Mexican] President [Vicente] Fox.'

      (7) Secretary Powell said no schedule had been established for a migration accord, but he confirmed that the United States and Mexico want to come up with a series of migration initiatives over the course of the next six months to a year.

      (8) Mexico's state-run oil monopoly, Petroleos Mexicanos (PEMEX), is inefficient, plagued by corruption, and in need of substantial reform and private investment in order to provide sufficient petroleum products to Mexico and the United States to fuel future economic growth which can help curb illegal migration into the United States.

    (b) SENSE OF CONGRESS- It is the sense of the Congress that--

      (1) that the United States and Mexico should as soon as is practicable commence negotiations in an attempt to reach a migration accord that is as comprehensive as possible and which addresses the key issues of concern for both nations;

      (2) that any accord on migration issues between the United States and Mexico should also include an accord to open Petroleos Mexicanos (PEMEX) to investment by U.S. oil companies and specific steps to reform PEMEX's operations to make them more transparent and efficient; and

      (3) that as part of any migration agreement between the United States and Mexico, the issues of the extradition of violent criminals and law enforcement cooperation between the two nations be addressed.

SEC. 732. SENSE OF CONGRESS CONCERNING UNITED STATES ASSISTANCE TO PALESTINIAN REFUGEES.

    The Congress--

      (1) recognizes the importance of United States humanitarian assistance to Palestinian refugees as an essential component to the peace process in the Middle East;

      (2) acknowledges the hardships endured by many innocent Palestinian refugees in the West Bank and Gaza Strip and in other neighboring countries;

      (3) notes that the United Nations High Commission for Refugees (UNHCR) is the international body that seeks to find `lasting solutions' to the plight of refugees throughout the world, with the sole exception of the Palestinians, for whose exclusive benefit a special agency, the United Nations Relief and Works Agency (UNRWA), was established in 1950 and which makes no effort to permanently resettle Palestinian refugees, even those who reside under the jurisdiction of the Palestinian Authority, in order to ensure the perpetuation of the problem of Palestinian refugees;

      (4) recognizes that the United States has been the world's leading donor to UNRWA, having provided over $2,500,000,000 to UNRWA since 1950, including the provision of $110,000,000, in fiscal year 2002, and that such organization has provided important humanitarian assistance to the Palestinian people;

      (5) notes that the United States contribution to UNRWA is nearly 10 times that of the entire Arab world, and calls on Arab states to assume a greater share of the burden for financing UNWRA;

      (6) expresses its outrage over credible reports that UNRWA facilities have been used for terrorist training and bases for terrorist operations, with little attempt by the UNRWA to stop or oppose such attacks or alert relevant law enforcement authorities about such terrorist activities;

      (7) expresses deep concern over the textbooks and educational materials used in the UNRWA educational system that promote anti-Semitism, denial of the existence and the right to exist of the state of Israel, and exacerbate stereotypes and tensions between the Palestinians and Israelis;

      (8) strongly urges the Secretary General of the United Nations to immediately take steps to comprehensively reform the UNRWA so that it actively works to oppose terrorist attacks and actively works to promote reconciliation and understanding between the Israelis and Palestinians;

      (9) strongly urges UNRWA to meet the requirements, in letter and spirit, of section 301(c) of the Foreign Assistance Act of 1961, including by comprehensively ensuring that no UNRWA assistance is rendered to anyone who has been involved with terrorism at any time and that all UNRWA beneficiaries be informed at the earliest possible time, and at regular intervals thereafter, that anyone involved with terrorism thereafter will be ineligible for UNRWA benefits;

      (10) strongly urges the Secretary of State to make UNRWA reforms a priority at the United Nations by actively campaigning within the United Nations to support such reforms, including comprehensive and independently verifiable audits of UNRWA activities and educational reform that would remove from the curriculum all textbooks and educational materials that promote hatred of Jews and Israel and denial of Israel's right to exist and replace them with teaching materials that promote Israeli-Palestinian reconciliation and mutual understanding; and

      (11) notes the General Accounting Office (GAO) audit required by section 580 of the FY 2003 Foreign Operations Appropriations Act (Public Law 108-7), and strongly encourages the GAO to conduct, as part of this audit, an investigation and inspection of all recent United States assistance to UNRWA to ensure that taxpayer funds are being spent effectively and are not directly or indirectly supporting terrorism, anti-Semitic or anti-Jewish teachings, or the glorification or incitement of violence.

SEC. 733. UNITED STATES POLICY ON WORLD BANK GROUP LOANS TO IRAN.

    (a) UNITED STATES POLICY- The Secretary of State (or a designee), in consultation with the Secretary of the Treasury, shall communicate directly with the governments of countries represented on the decision-making boards and councils of the international financial institutions of the World Bank Group and consistently convey the strong opposition of the United States Government to any further activity in Iran by the international financial institutions of the World Bank Group.

    (b) REPORTS- Not later than 90 days after the date of the enactment of this Act and one year thereafter, the Secretary of State shall submit a report on the efforts of the Secretary to carry out subsection (a) to the chairman and ranking minority member of the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.

    (c) WORLD BANK GROUP DEFINED- As used in this section, the term `World Bank Group' means the International Bank for Reconstruction and Development, the International Development Association, the International Financial Corporation, and the Multilateral Investment Guaranty Agency.

SEC. 734. SENSE OF CONGRESS RELATING TO SOVIET NUCLEAR TESTS IN KAZAKHSTAN.

    (a) FINDINGS- Congress finds the following:

      (1) In 1991, immediately after achieving independence, Kazakhstan closed and sealed the world's second largest nuclear test site in Semipalatinsk which had been inherited from the former Soviet

Union and at which more than 500 nuclear tests had been conducted from 1949 to 1991.

      (2) The cumulative power of explosions from those tests, conducted above ground, on the ground, and underground is believed to be equal to the power of 20,000 explosions of the type of bomb dropped on Hiroshima, Japan, in 1945.

      (3) More than 1,500,000 people in Kazakhstan suffered because of decades of Soviet nuclear weapons testing in the region.

      (4) A horrifying array of disease will continue to destroy the lives of hundreds of thousands and their descendants for many generations to come as a result of these tests.

      (5) Since its independence, Kazakhstan has constructed a stable and peaceful state, voluntarily disarmed the world's fourth largest nuclear arsenal, joined the Strategic Arms Reduction Treaty (START), and became an example of responsible nonproliferation of such weapons.

      (6) Kazakhstan is also doing its best to help those who were exposed to the horrific nuclear experiments of the 20th century but it faces daunting challenges.

    (b) SENSE OF CONGRESS- It is the sense of Congress that the Secretary of State should work to establish a joint working group with the Government of Kazakhstan to assist in assessing the environmental damage and health effects caused by Soviet nuclear testing in Semipalatinsk.

SEC. 735. SENSE OF CONGRESS RELATING TO VIOLENCE AGAINST WOMEN.

    The Congress--

      (1) recalls that Article 4 of the United Nations Declaration on the Elimination of Violence Against Women (20 December 1993) outlines that states should condemn violence against women and should not invoke any custom, tradition, or religious consideration to avoid their obligations with respect to its elimination;

      (2) recalls that Chapter 4, Section 125, of the Beijing Declaration and Platform for Action, Fourth World Conference on Women (15 September 1995) states that governments condemn violence against women and refrain from invoking any custom, tradition, or religious consideration to avoid their obligations with respect to its elimination as set out in the Declaration on the Elimination of Violence against Women;

      (3) recalls that the United States has supported both the United Nations Declaration on the Elimination of Violence and the Beijing Declaration and Platform for Action; and

      (4) reinforces the position of the United States that the United States condemns violence against women and refrains from invoking any custom, tradition, or religious consideration to avoid this nation's obligations with respect to its elimination as set out in the Declaration on the Elimination of Violence against Women.

DIVISION B--DEFENSE TRADE AND SECURITY ASSISTANCE REFORM ACT OF 2003

TITLE X--GENERAL PROVISIONS

SEC. 1001. SHORT TITLE.

    This division may be cited as the `Defense Trade and Security Assistance Reform Act of 2003'.

SEC. 1002. DEFINITIONS.

    Except as otherwise provided, in this division:

      (1) DEFENSE ARTICLES- The term `defense articles' has the meaning given the term in section 47(7)(A) of the Arms Export Control Act (as amended by section 1107(d) of this Act).

      (2) DEFENSE SERVICES- The term `defense services' has the meaning given the term in section 47(7)(B) of the Arms Export Control Act (as amended by section 1107(d) of this Act).

      (3) DUAL USE- The term `dual use' means, with respect to goods or technology, those goods or technology that are specifically designed or developed for civil purposes but which also may be used or deployed in a military mode.

      (4) EXPORT ADMINISTRATION REGULATIONS- The term `Export Administration Regulations' means those regulations contained in sections 730-774 of title 15, Code of Federal Regulations (or successor regulations).

      (5) GOOD- The term `good' has the meaning given the term in section 16(3) of the Export Administration Act of 1979 (50 U.S.C. App. 2415(3)).

      (6) INTERNATIONAL TRAFFIC IN ARMS REGULATIONS- The term `International Traffic in Arms Regulations' means those regulations contained in sections 120-130 of title 22, Code of Federal Regulations (or successor regulations).

      (7) MISSILE TECHNOLOGY CONTROL REGIME; MTCR- The term `Missile Technology Control Regime' or `MTCR' has the meaning given the term in section 11B(c)(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2401b(c)(2)).

      (8) MISSILE TECHNOLOGY CONTROL REGIME ANNEX; MTCR ANNEX- The term `Missile Technology Control Regime Annex' or `MTCR Annex' has the meaning given the term in section 11B(c)(4) of the Export Administration Act of 1979 (50 U.S.C. App. 2401b(c)(4)).

      (9) OPERATION IRAQI FREEDOM- The term `Operation Iraqi Freedom' means operations of United States Armed Forces, the armed forces of the United Kingdom, and the armed forces of other coalition member countries initiated on or about March 19, 2003--

        (A) to disarm Iraq of its weapons of mass destruction;

        (B) to enforce United Nations Security Council Resolution 1441 (November 8, 2002) and other relevant Security Council resolutions with respect to Iraq; and

        (C) to liberate the people of Iraq from the regime of Saddam Hussein.

      (10) TECHNOLOGY- The term `technology' has the meaning given the term in section 16(4) of the

Export Administration Act of 1979 (50 U.S.C. App. 2415(4)).

SEC. 1003. REFERENCES TO ARMS EXPORT CONTROL ACT.

    Except as otherwise specifically provided, whenever in this division an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to that section or other provision of the Arms Export Control Act (22 U.S.C. 2751 et seq.).

TITLE XI--TERRORIST-RELATED PROHIBITIONS AND ENFORCEMENT MEASURES

SEC. 1101. ELIGIBILITY PROVISIONS.

    (a) INELIGIBILITY FOR TERRORIST RELATED TRANSACTIONS- Section 3(c)(1) (22 U.S.C. 2753(c)(1)) is amended--

      (1) in each of subparagraphs (A) and (B), by striking `or any predecessor Act,' and inserting `, any predecessor Act, or licensed or approved under section 38 of this Act, to carry out a transaction with a country, the government of which the Secretary of State has determined is a state sponsor of international terrorism for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or otherwise uses such defense articles or defense services'; and

      (2) by adding at the end the following:

    `(C) In this section, the term `transaction' means the taking of any action, directly or indirectly, by a foreign country that would be a transaction prohibited by section 40 of this Act with respect to the United States Government and United States persons.'.

    (b) REPORTING REQUIREMENT- Section 3(e) (22 U.S.C. 2753(e)) is amended by inserting after `the Foreign Assistance Act of 1961,' the following: `regardless of whether the article or service has been sold or otherwise furnished by the United States Government or licensed under section 38 of this Act,'.

SEC. 1102. WEAPONS TRANSFERS TO FOREIGN PERSONS IN THE UNITED STATES.

    Section 38(a)(1) (22 U.S.C. 2778(a)(1)) is amended in the first sentence by inserting after `import and the export of defense articles and defense services' the following: `, or the transfer of such articles, other than firearms (or ammunition, components, parts, accessories, or attachments for firearms), and services within the United States to foreign persons,'.

SEC. 1103. COORDINATION OF LICENSE EXEMPTIONS WITH UNITED STATES LAW ENFORCEMENT AGENCIES.

    (a) SENSE OF CONGRESS- In view of the historic difficulties in the enforcement of the Arms Export Control Act (22 U.S.C. 2751 et seq.) associated with violations involving exports of defense articles and defense services that have been exempted by regulation from the licensing requirements of section 38 of such Act, it is the sense of Congress that the establishment of new exemptions by regulation should only be undertaken after careful coordination with the appropriate United States law enforcement agencies.

    (b) AMENDMENT- Section 38(b)(2) (22 U.S.C. 2778(b)(2)) is amended by adding at the end the following new sentences: `In promulgating regulations under subsection (a)(1) in accordance with the preceding sentence, any provision in such regulations that permits the export of defense articles or defense services without a license shall include a determination by the Attorney General, in consultation with the Secretary of Homeland Security and the Director of the Federal Bureau of Investigation, that the compilation and maintenance of sufficient documentation relating to the export without a license of the articles or services is ensured, notwithstanding the absence of a license, to facilitate law enforcement efforts to detect, prevent, and prosecute criminal violations of any provision of this section, section 39, or section 40 of this Act, including the efforts on the part of countries and factions engaged in international terrorism to illicitly acquire defense articles and defense services. No defense article or defense service designated by the President under subsection (a)(1) may be exported without a license pursuant to a regulation under subsection (a)(1) that is promulgated on or after January 1, 2003, until 30 days after the date on which the President provides notice of the proposed regulation to the Committee on International Relations of the House of Representatives and to the Committee on Foreign Relations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961, including a description of the criteria that would be used to permit the export of the article or service and any measures to facilitate law enforcement efforts associated with the Attorney General's determination required by the preceding sentence.'.

SEC. 1104. MECHANISMS TO IDENTIFY PERSONS IN VIOLATION OF CERTAIN PROVISIONS OF LAW.

    Section 38(g)(1)(A) (22 U.S.C. 2778(g)(1)(A)) is amended--

      (1) in clause (iii)--

        (A) by striking `or section 2339A' and inserting `, section 2339A'; and

        (B) by inserting at the end before the comma the following: `, or section 2339C of such title (relating to financing terrorism)';

      (2) in clause (x), by striking `or' at the end;

      (3) in clause (xi), by striking the semicolon at the end and inserting a comma; and

      (4) by adding at the end the following:

        `(xii) subclause (I) or (II) of section 1956(c)(7)(B)(v) of title 18, United States Code;

        `(xiii) section 329 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001;

        `(xiv) section 5332 of title 31, United States Code;

        `(xv) section 1960 of title 18, United States Code;

        `(xvi) section 175(b), 175b, 1993, 2339 of title 18, United States Code;

        `(xvii) section 2332a, 2332b, or 2332f of title 18, United States Code; or

        `(xviii) section 175 of title 18, United States Code;'.

SEC. 1105. COMPREHENSIVE NATURE OF UNITED STATES ARMS EMBARGOES.

    (a) FINDINGS; SENSE OF CONGRESS-

      (1) FINDINGS- Congress finds that--

        (A) governments to which the United States Government prohibits by law or policy the transfer of implements of war, including material, components, parts, and other defense articles and defense services (as defined in paragraphs (3) and (4) of section 47 of the Arms Export Control Act, respectively) continue to seek to evade these embargoes through increasingly sophisticated illegal acquisitions via the `international gray arms market' and by seeking to exploit weaknesses in the export control system of the United States and its friends and allies; and

        (B) the strict and comprehensive application of arms embargoes referred to in subparagraph (A) including those embargoes established by the United Nations Security Council is of fundamental importance to the security and foreign policy interests of the United States.

      (2) SENSE OF CONGRESS- It is the sense of Congress that the United States Government should continue to provide a leadership role internationally in ensuring the effectiveness of arms embargoes referred to in paragraph (1).

    (b) SCOPE OF EMBARGOES- Section 38 (22 U.S.C. 2778) is amended by adding at the end the following:

    `(k) Whenever the United States maintains an arms embargo pursuant to United States law, or through public notice by the President or Secretary of State pursuant to the authorities of this Act, no defense article or defense service subject to sections 120-130 of title 22, Code of Federal Regulations (commonly known as the `International Traffic in Arms Regulations') and no dual use good or technology subject to sections 730-774 of title 15, Code of Federal Regulations (commonly known as the `Export Administration Regulations') shall be sold or transferred to the military, police, or intelligence services of the embargoed government, including any associated governmental agency, subdivision, entity, or other person acting on their behalf, unless, at a minimum and without prejudice to any additional requirements established in United States law or regulation, the Secretary of State and the Secretary of Defense have concurred in the sale or transfer through issuance of a license.'.

    (c) ESTABLISHMENT OF CONTROLS- The Secretary shall consult with the Secretary of Commerce to ensure the establishment of appropriate foreign policy and national security controls and license requirements under the Export Administration Regulations in order to ensure the effective implementation of section 38(k) of the Arms Export Control Act, as added by subsection (b).

    (d) REPORT- Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that describes the actions taken to implement the requirements of subsection (c).

SEC. 1106. TRANSACTIONS WITH COUNTRIES SUPPORTING ACTS OF INTERNATIONAL TERRORISM.

    Section 40(l)(1) (22 U.S.C. 2780(l)(1)) is amended by striking `any item enumerated on the United States Munitions List' and inserting `a defense article or defense service (as defined in subparagraph (A) or (B) of section 47(7), respectively), an item enumerated on the United States Munitions List (as designated by the President pursuant to section 38(a)), or any other activity for which a license or other approval is required pursuant to the regulations promulgated under subsection (a)(1)'.

SEC. 1107. AMENDMENTS TO CONTROL OF ARMS EXPORTS AND IMPORTS.

    (a) REVISION OF STANDARD FOR VIOLATION; AMOUNT OF PENALTIES- Section 38(c) (22 U.S.C. 2778(c)) is amended--

      (1) by striking `willfully' each place it appears and inserting `knowingly';

      (2) by striking `this section or section 39' and inserting `this section, section 39, or section 40'; and

      (3) by striking `$1,000,000' and inserting `$1,000,000 (in the case of a violation of this section or section 39), $2,000,000 (in the case of a violation involving any country covered by section 40), and $1,500,000 (in the case of a violation involving any country other than a country covered by section 40 that is subject by United States law or policy to an arms embargo)'.

    (b) CIVIL PENALTIES- Section 38(e) (22 U.S.C. 2778(e)) is amended in the third sentence by striking `under this section may not exceed $500,000' and inserting `or any other activities subject to control under this section, section 39, or section 40, may not exceed $500,000 for each violation of section 38 or section 39, $1,000,000 for each violation involving any country covered by section 40, and $750,000 for each violation relating to an arms embargo (other than a violation covered by section 40)'.

    (c) REVISION OF STANDARD FOR VIOLATION; CRIMINAL PENALTY; CIVIL PENALTIES; ENFORCEMENT- Section 40 (22 U.S.C. 2780) is amended--

      (1) in subsection (j)--

        (A) by striking `willfully' and inserting `knowingly'; and

        (B) by striking `$1,000,000' and inserting `$2,000,000'; and

      (2) in subsection (k), by striking `$500,000' and inserting `$1,000,000'.

    (d) DEFINITIONS- Section 47(7) (22 U.S.C. 2794(7)) is amended to read as follows:

      `(7)(A) `defense articles', with respect to exports subject to sections 38, 39, and 40 of this Act, has the meaning given such term in sections 120-130 of title 22, Code of Federal Regulations (commonly known as the `International Traffic in Arms Regulations'), as such regulations were in effect on January 1, 2003, and includes such additional articles as may be designated by the President under section 38(a)(1); and

      `(B) `defense services', with respect to exports subject to sections 38, 39, and 40 of this Act, has the meaning given such term in sections 120-130 of title 22, Code of Federal Regulations (commonly known as the `International Traffic in Arms Regulations'), as such regulations were in effect on January 1, 2003, and includes--

        `(i) the provision of assistance (including aiding, abetting, or training) to foreign persons; and

        `(ii) such other activities as may be designated by the President pursuant to section 38(a)(1).'.

SEC. 1108. HIGH RISK EXPORTS AND END USE VERIFICATION.

    Section 38(g)(7) (22 U.S.C. 2778) is amended by adding at the end the following new sentence: `Such standards shall be coordinated biennially with the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, the Director of Central Intelligence, and the heads of other Federal departments or agencies, as appropriate.'.

SEC. 1109. CONCURRENT JURISDICTION OF THE FEDERAL BUREAU OF INVESTIGATION.

    (a) SENSE OF CONGRESS- It is the sense of Congress that, in view of the responsibilities of the Federal Bureau of Investigation for protecting the United States against terrorist attack, foreign intelligence operations, high technology crimes, and transnational criminal organizations and enterprises, the Federal Bureau of Investigation should be provided authority to investigate and enforce violations of the Arms Export Control Act without adversely affecting the existing authority of the Bureau of Customs and Border Protection of the Department of Homeland Security.

    (b) COPY OF REGISTRATION- Section 38(b)(1) (22 U.S.C. 2778(b)) is amended--

      (1) by redesignating the second subparagraph (B) as subparagraph (C); and

      (2) in subparagraph (B)--

        (A) in the first sentence, by inserting `and the Director of the Federal Bureau of Investigation' after `Secretary of Treasury'; and

        (B) in the second sentence, by inserting `and the Director' after `The Secretary'.

    (c) JURISDICTION OF FBI AND BUREAU OF CUSTOMS- Section 38(e) (22 U.S.C. 2778(e)) is amended in the first sentence by adding at the end before the period the following: `, and except further, that the Federal Bureau of Investigation and the Bureau of Customs and Border Protection of the Department of Homeland Security shall have concurrent jurisdiction for criminal violations and enforcement of this Act'.

    (d) MECHANISMS TO IDENTIFY PERSONS IN VIOLATION OF CERTAIN PROVISIONS OF LAW- Section 38(g) (22 U.S.C. 2778(g)) is amended in the second sentence of paragraph (3), in paragraph (4), and in paragraph (8) by inserting `and the Director of the Federal Bureau of Investigation' after `Secretary of Treasury'.

SEC. 1110. REPORT ON FOREIGN-SUPPLIED DEFENSE ARTICLES, DEFENSE SERVICES, AND DUAL USE GOODS AND TECHNOLOGY DISCOVERED IN IRAQ.

    (a) REPORT-

      (1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, and on annual basis thereafter as appropriate, the President shall prepare and transmit to the congressional committees specified in paragraph (2) a written report on foreign-supplied defense articles, defense services, and dual use goods and technology supplied to Iraq since the adoption of United Nations Security Council Resolution 687 (April 3, 1991) and discovered in Iraq since the inception of Operation Iraqi Freedom or identified as having been in Iraq at any time since April 3, 1991, and not destroyed or otherwise accounted for by the United Nations Special Commission (UNSCOM) or the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC).

      (2) CONGRESSIONAL COMMITTEES SPECIFIED- The congressional committees referred to in paragraph (1) are--

        (A) the Committee on International Relations and the Committee on Armed Services of the House of Representatives; and

        (B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.

    (b) CONTENTS- The report required by subsection (a) shall include information on defense articles, defense services, and dual use goods and technology discovered in accordance with such subsection, including a description of such articles, services, and goods and technology by category or type, quantity, country of origin (if known), manufacturer (if known), date of acquisition (if known), and, in the case of dual use goods and technology, the use or intended use or deployment (if known) and whether the goods or technology are covered by any arms control agreement or nonproliferation arrangement to which the United States is a party.

    (c) FORM- The report required by subsection (a) shall be transmitted in unclassified form to the maximum extent practicable, but may contain a classified annex if necessary.

TITLE XII--STRENGTHENING MUNITIONS EXPORT CONTROLS

SEC. 1201. CONTROL OF ITEMS ON MISSILE TECHNOLOGY CONTROL REGIME ANNEX.

    (a) SENSE OF CONGRESS- It is the sense of Congress that all proposals to export or transfer to foreign persons by other means, whether in the United States or abroad, and any other activities subject to regulation under section 38, 39, or 40 of the Arms Export Control Act, relating to items on the Missile Technology Control Regime Annex, should be accorded stringent control and scrutiny consistent with the purposes of section 71 of the Arms Export Control Act (22 U.S.C. 2797).

    (b) CONTROL OF ITEMS ON MTCR ANNEX- The Secretary, in coordination with the Secretary of Commerce, the Attorney General, and the Secretary of Defense, shall ensure that all items on the MTCR Annex are subject to stringent control by the United States Government pursuant to the International Traffic in Arms Regulations and the Export Administration Regulations.

    (c) CERTIFICATION- Not later than March 1 of each year, the Secretary, in coordination with the Secretary of Commerce, the Attorney General and the Secretary of Defense, shall prepare and submit to the appropriate congressional committees a report that contains--

      (1) a certification that the requirement of subsection (b) has been met for the prior year, or if the requirement has not been met, the reasons therefor; and

      (2) a description of the updated coverage, if any, of the regulations referred to in subsection (b) with respect to all items on the MTCR Annex and an explanation of any areas of overlap or omissions, if any, among the regulations.

SEC. 1202. CERTIFICATIONS RELATING TO EXPORT OF CERTAIN DEFENSE ARTICLES AND SERVICES.

    Section 36(c) (22 U.S.C. 2776(c)) is amended--

      (1) in the first sentence of paragraph (1), by inserting after `$1,000,000 or more' the following: `, or, notwithstanding section 27(g) of this Act, for any special comprehensive authorization under sections 120-130 of title 22, Code of Federal Regulations (commonly known as the `International Traffic in Arms Regulations') for the export of defense articles or defense services in an aggregate amount of $100,000,000 or more';

      (2) in paragraph (2)--

        (A) by striking subparagraph (B); and

        (B) by redesignating subparagraph (C) as subparagraph (B); and

      (3) in the matter preceding subparagraph (A) of paragraph (5), by inserting `or paragraph (2)' after `paragraph (1)'.

SEC. 1203. NOTIFICATION REQUIREMENTS FOR TECHNICAL ASSISTANCE AND MANUFACTURING LICENSING AGREEMENTS WITH NATO MEMBER COUNTRIES, AUSTRALIA, NEW ZEALAND, AND JAPAN.

    Section 36(d) (22 U.S.C. 2776(d)) is amended by adding at the end the following:

    `(6) In the case of a commercial technical assistance or manufacturing license agreement with a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand that does not authorize a new sales territory that includes any country other than such countries, the requirements contained in paragraphs (2) and (4) shall apply only if--

      `(A) the agreement involves--

        `(i) major defense equipment in the amount of $7,000,000 or more; or

        `(ii) significant military equipment in the amount of $25,000,000 or more; and

      `(B) the amount referred to in clause (i) or (ii) of subparagraph (A), as the case may be, includes the estimated value of all defense articles and defense services to be manufactured or transferred throughout the duration of the approval period.'.

SEC. 1204. STRENGTHENING DEFENSE COOPERATION WITH AUSTRALIA AND THE UNITED KINGDOM.

    (a) SENSE OF CONGRESS- It is the sense of Congress that the expeditious consideration of munitions license applications that meet the policy and eligibility criteria established in section 38 of the Arms Export Control Act (22 U.S.C. 2778) for export or transfer of defense items (as such term is defined in subsection (j)(4)(A) of such section) to Australia and the United Kingdom is fully consistent with United States security and foreign policy interests and the objectives of world peace and security.

    (b) ESTABLISHMENT OF FAST TRACK MUNITIONS LICENSING FOR AUSTRALIA AND THE UNITED KINGDOM- Section 38(f) (22 U.S.C. 2778(f)) is amended by adding at the end the following:

    `(4) In the absence of a binding bilateral agreement with the Government of Australia or the Government of the United Kingdom (as the case may be) that meets the requirements of paragraph (2) and subsection (j), the Secretary of State shall ensure that any application submitted under this section for the export of defense items to Australia or the United Kingdom (as the case may be) that meets all other requirements of this section (including requirements relating to eligibility of parties to the transaction, the absence of risk of diversion to unauthorized end use and end users, and preservation of United States intelligence and law enforcement interests), and which are also transactions involving defense items that would be exempt pursuant to sections 120-130 of title 22, Code of Federal Regulations (commonly known as the `International Traffic in Arms Regulations') from export licensing or other written approvals if such items were items to be exported to Canada, are processed by the Department of State not later than ten days after the date of receipt of the application without referral to any other Federal department or agency, except on an extraordinary basis upon receipt of a written request from the Attorney General, the Secretary of Homeland Security, the Director of Central Intelligence, or the Secretary of Defense.'.

SEC. 1205. TRAINING AND LIAISON FOR SMALL BUSINESSES.

    (a) SENSE OF CONGRESS- It is the sense of Congress that it is increasingly important that the Secretary, in administering the licensing, registration, compliance, and other authorities contained in section 38 of the Arms Export Control Act (22 U.S.C. 2778), should provide up-to-date training and other educational assistance to small businesses in the United States aerospace and defense industrial sector.

    (b) SMALL BUSINESS LIAISON- Not later than 180 days after the date of the enactment of this Act, the Secretary shall designate, within the Office of Defense Trade Controls of the Department of State, a coordinator for small business affairs. The coordinator shall serve as a liaison for small businesses in the United States aerospace and defense industrial sector with respect to licensing and registration requirements in order to facilitate the compliance and other forms of participation by such small businesses in the United States munitions control system, including by providing training, technical assistance, and through other efforts as may be appropriate.

SEC. 1206. STUDY AND REPORT RELATING TO CO-LOCATING MUNITIONS CONTROL FUNCTIONS OF THE DEPARTMENTS OF STATE, DEFENSE, AND HOMELAND SECURITY.

    (a) SENSE OF CONGRESS- It is the sense of Congress that the administrative, licensing, and compliance-related functions associated with the export of defense articles and defense services under section 38 of the Arms Export Control Act (22 U.S.C. 2778), which are generally administered by the Department of State in conjunction with the Department of Homeland Security and the Department of Defense,

should be expedited consistent with United States security, law enforcement, and foreign policy requirements by a reduction in the those matters necessitating inter-agency referral outside of the Department of State, or by co-locating related functions of the Department of Homeland Security and the Department of Defense with those functions of the Department of State in order to minimize the time and administrative tasks to government and industry involved in inter-agency referrals, while also providing a convenient, central location for United States defense companies, especially small businesses.

    (b) STUDY AND REPORT-

      (1) STUDY- The Secretary, in consultation with the Secretary of Homeland Security and the Secretary of Defense, and through the Federal advisory committee structure with the public, shall conduct a study to examine the relative advantages and disadvantages to the United States Government, the United States defense industry, including United States small businesses, and to other public constituencies of co-locating relevant functions and personnel of the Department of State, the Department of Homeland Security, and the Department of Defense with the Office of Defense Trade Controls of the Department of State at a central location convenient to the public and United States defense industry, without prejudice to the responsibilities and prerogatives of the Secretary, the Secretary of Homeland Security, and the Secretary of Defense under existing law.

      (2) REPORT- Not later than 180 days after the date of the enactment of this Act, the Secretary shall prepare and submit to the appropriate congressional committees a report that contains the results of study conducted under paragraph (1).

TITLE XIII--SECURITY ASSISTANCE AND RELATED PROVISIONS

Subtitle A--Foreign Military Sales and Financing Authorities

SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the President for grant assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763) and for the subsidy cost, as defined in section 502(5) of the Federal Credit Reform Act of 1990, of direct loans under such section $4,414,000,000 for fiscal year 2004.

SEC. 1302. PROVISION OF CATALOGING DATA AND SERVICES.

    Section 21(h)(2) (22 U.S.C. 2761(h)(2)) is amended by striking `or to any member government of that Organization if that Organization or member government' and inserting `, to any member of that Organization, or to the Governments of Australia, New Zealand, or Japan if that Organization, member government, or the Governments of Australia, New Zealand, or Japan'.

SEC. 1303. ANNUAL ESTIMATE AND JUSTIFICATION FOR SALES PROGRAM.

    Section 25(a)(1) (22 U.S.C. 2765(a)(1)) is amended by inserting after `$7,000,000 or more' the following `(or, in the case of a member country of the North Atlantic Treaty Organization (NATO), Australia, New Zealand, or Japan, $25,000,000 or more)'.

SEC. 1304. ADJUSTMENT TO ADVANCE NOTIFICATION REQUIREMENT FOR TRANSFER OF CERTAIN EXCESS DEFENSE ARTICLES.

    Section 516(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321i) is amended by striking `significant military equipment (as defined in section 47(9) of the Arms Export Control Act)' and inserting `major defense equipment (as defined in section 47(6) of the Arms Export Control Act)'.

Subtitle B--International Military Education and Training

SEC. 1311. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the President $91,700,000 for fiscal year 2004 to carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).

SEC. 1312. ANNUAL FOREIGN MILITARY TRAINING REPORTING.

    Section 656(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2416(a)(1)) is amended--

      (1) by striking `January 31' and inserting `March 1'; and

      (2) by striking `and all such training proposed for the current fiscal year'.

Subtitle C--Assistance for Select Countries

SEC. 1321. ASSISTANCE FOR ISRAEL.

    Section 513 of the Security Assistance Act of 2000 (Public Law 106-280) is amended--

      (1) in subsection (b)(1), by striking `2002 and 2003' and inserting `2003 through 2005';

      (2) in subsection (c)(1), by striking `2002 and 2003' and inserting `2003 through 2005';

      (3) in subsection (c)(3)--

        (A) by striking `fiscal years 2002 and 2003' and inserting `fiscal years 2004 and 2005';

        (B) by striking `fiscal year 2002' and inserting `fiscal year 2004'; and

        (C) by striking `fiscal year 2003, or' and inserting `fiscal year 2005, or'; and

      (4) in subsection (c)(4)--

        (A) by striking `2002 and 2003' and inserting `2003 through 2005'; and

        (B) by striking `$535,000,000 for fiscal year 2002' and all that follows through `fiscal year 2003' and inserting `$550,000,000 for fiscal year 2003, not less than $565,000,000 for fiscal year 2004, and not less than $580,000,000 for fiscal year 2005'.

SEC. 1322. ASSISTANCE FOR EGYPT.

    Section 514 of the Security Assistance Act of 2000 (Public Law 106-280) is amended--

      (1) by striking `2002 and 2003' each place it appears and inserting `2003 through 2005'; and

      (2) in subsection (e)--

        (A) by striking `fiscal years 2002 and 2003' and inserting `fiscal years 2004 and 2005';

        (B) by striking `fiscal year 2002' and inserting `fiscal year 2004'; and

        (C) by striking `fiscal year 2003, or' and inserting `fiscal year 2005, or'.

Subtitle D--Miscellaneous Provisions

SEC. 1331. UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES.

    Section 514(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)) is amended--

      (1) in subparagraph (A), by striking `for fiscal year 2003' and inserting `for each of fiscal years 2003 and 2004'; and

      (2) in subparagraph (B), by striking `for fiscal year 2003' and inserting `for each of fiscal years 2003 and 2004'.

SEC. 1332. TRANSFER TO ISRAEL OF CERTAIN DEFENSE ARTICLES IN THE UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES.

    (a) AUTHORIZATION- Notwithstanding section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the President is authorized to transfer to Israel, in return for concessions to be negotiated by the Secretary of Defense, with the concurrence of the Secretary, defense articles, including armor, artillery, ammunition for automatic weapons, missiles, and other munitions that are--

      (1) obsolete or surplus items;

      (2) in the inventory of the Department of Defense;

      (3) intended for use as reserve stocks in Israel; and

      (4) are located in a stockpile in Israel as of the date of enactment of this Act.

    (b) CONCESSIONS- The value of concessions negotiated pursuant to subsection (a) shall be at least equal to the fair market value of the items transferred. The concessions may include cash compensation, services, waiver of charges otherwise payable by the United States, and other items of value.

    (c) ADVANCE NOTIFICATION OF TRANSFER-

      (1) IN GENERAL- Not less than 30 days before making a transfer under the authority of this section, the President shall transmit a notification describing the items to be transferred to Israel and the concessions to be received by the United States to the congressional committees specified in paragraph (2).

      (2) CONGRESSIONAL COMMITTEES SPECIFIED- The congressional committees referred to in paragraph (1) are--

        (A) the Committee on International Relations and the Committee on Armed Services of the House of Representatives; and

        (B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.

    (d) EXPIRATION OF AUTHORITY- No transfer may be made under the authority of this section following the expiration of the five-year period beginning on the date of enactment of this Act.

SEC. 1333. EXPANSION OF AUTHORITIES FOR LOAN OF MATERIAL, SUPPLIES, AND EQUIPMENT FOR RESEARCH AND DEVELOPMENT PURPOSES.

    Section 65 (22 U.S.C. 2796d) is amended--

      (1) in subsection (a)(1), by inserting `or a friendly foreign country' after `ally' each place such term appears; and

      (2) in subsection (d) to read as follows:

    `(d) For purposes of this section--

      `(1) the term `NATO ally' means a member country of the North Atlantic Treaty Organization (other than the United States); and

      `(2) the term `friendly foreign country' means any non-NATO member country determined by the President to be eligible for a cooperative project agreement with the United States pursuant to section 27(j) of this Act.'.

SEC. 1334. ASSISTANCE FOR DEMINING AND RELATED ACTIVITIES.

    (a) ASSISTANCE- The Secretary is authorized to provide grants to, or enter into contracts or cooperative agreements with, public-private partnerships for the purpose of establishing and carrying out demining, clearance of unexploded ordnance, and related activities in foreign countries.

    (b) LIMITATION- Except as otherwise provided, the total amount provided on a grant basis to public-private partnerships under subsection (a) for a fiscal year may not exceed $450,000.

    (c) FUNDING- Amounts made available to carry out `Nonproliferation, Anti-Terrorism, Demining, and Related Programs' for fiscal year 2004 are authorized to be made available to carry out this section.

SEC. 1335. REPORTS RELATING TO TREATY BETWEEN THE UNITED STATES AND THE RUSSIAN FEDERATION ON STRATEGIC OFFENSIVE REDUCTIONS.

    The President shall submit to the Committee on International Relations of the House of Representatives all reports submitted to the Committee on Foreign Relations pursuant to section 2 of the Senate Resolution of Ratification to Accompany Treaty Document 107-8, Treaty Between the United States of America and the Russian Federation on Strategic Offensive Reductions.

SEC. 1336. STATEMENT OF HOUSE OF REPRESENTATIVES REGARDING THE TREATY BETWEEN THE UNITED STATES AND THE RUSSIAN FEDERATION ON STRATEGIC OFFENSIVE REDUCTIONS.

    The House of Representatives--

        (1) concurs with the declarations of the Senate in section 3 of the Resolution of Ratification to Accompany Treaty Document 107-8, Treaty Between the United States of America and the Russian Federation on Strategic Offensive Reductions;

        (2) encourages the President to continue strategic offensive reductions to the lowest possible levels consistent with national security requirements and alliance obligations of the United States;

        (3) urges the President to engage the Russian Federation with the objectives of establishing cooperative measures to give each party to the Treaty Between the United States of

America and the Russian Federation on Strategic Offensive Reductions improved confidence regarding the accurate accounting and security of nonstrategic nuclear weapons maintained by the other party; and

        (4) encourages the President to accelerate United States strategic force reductions, to the extent feasible and consistent with the treaty, in order that the reductions required by Article I of the Treaty Between the United States of America and the Russian Federation on Strategic Offensive Reductions may be achieved prior to December 31, 2012.

SEC. 1337. NONPROLIFERATION AND DISARMAMENT FUND.

    (a) AUTHORIZATION OF APPROPRIATIONS-

      (1) IN GENERAL- There are authorized to be appropriated to the President to carry out section 504 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5854; relating to the `Nonproliferation and Disarmament Fund') $60,000,000 for each of the fiscal years 2004 and 2005.

      (2) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

    (b) NONPROLIFERATION OF HIGHLY ENRICHED URANIUM-

      (1) FINDINGS- Congress finds the following:

        (A) Highly enriched uranium is the most likely source material for terrorist or other outlaw organizations that seek to acquire a nuclear weapon.

        (B) Such organizations are not likely to produce this source material on their own, but will instead look to divert highly enriched uranium from some of the many vulnerable stockpiles in numerous facilities around the world.

        (C) There is a need for a coordinated United States Government initiative to secure and dispose of highly enriched uranium stockpiles in these vulnerable facilities around the world.

        (D) The Nonproliferation and Disarmament Fund (NDF) is a unique and flexible entity that is well-suited to carry out the initiative described in subparagraph (C), in cooperation with other Federal departments and agencies, including the Department of Energy.

      (2) INITIATIVE- The Secretary of State is authorized to establish and carry out an initiative to secure and dispose of highly enriched uranium stockpiles in foreign countries, including the provision of such assistance as may be required to secure host country cooperation under the initiative.

      (3) AUTHORIZATION OF APPROPRIATIONS- Of the amounts made available to carry out section 504 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5854) for fiscal years 2004 and 2005, there are authorized to be appropriated to the Secretary to carry out paragraph (2) $25,000,000 for each such fiscal year.

SEC. 1338. MARITIME INTERDICTION PATROL BOATS FOR MOZAMBIQUE.

    (a) IN GENERAL- Of the amounts made available to carry out section 23 of the Arms Export Control Act for fiscal year 2004, there is authorized to be appropriated $1,000,000 for refurbishment, delivery, operational training, and related costs associated with the provision of not more than four excess coastal patrol boats to the Government of Mozambique for maritime patrol and interdiction activities.

    (b) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until September 30, 2006.

SEC. 1339. REPORT ON MISSILE DEFENSE COOPERATION.

    Not later than December 31, 2003, and December 31, 2004, the Secretary of State shall submit to the appropriate congressional committees a report on cooperative efforts that have been undertaken by the United States with foreign governments to foster the development and deployment of defenses against missile attack. Such report shall include a detailed description of such efforts on a country-by-country basis, and may be submitted in classified and unclassified form, as appropriate.

SEC. 1340. IRAN'S PROGRAM TO DEVELOP A NUCLEAR EXPLOSIVE DEVICE.

    (a) FINDINGS- Congress finds the following:

      (1) Iran, as a party to the Treaty on the Non-Proliferation of Nuclear Weapons, has legally forsworn developing or acquiring nuclear weapons.

      (2) Iran has for more than a decade pursued a program aimed at the development of a nuclear explosive device.

      (3) Director of Central Intelligence George Tenet has repeatedly warned of Iran's clandestine efforts to

acquire weapons of mass destruction, stating as recently as February 11, 2003, in testimony before Congress that `Iran is continuing to pursue development of a nuclear fuel cycle for civilian and nuclear weapons purposes . . . [and further that] Tehran may be able to indigenously produce enough fissile material for a nuclear weapon' within this decade.

      (4) On March 17, 2003, Dr. el Baradei, Director General of the International Atomic Energy Agency (IAEA), called on Iran to agree to a more intrusive monitoring regime at its nuclear sites and demanded that Iran, which is a signatory to the Nuclear Non-Proliferation Treaty, agree to an `additional protocol' under the IAEA's nuclear inspection rights, which would enable more intrusive monitoring.

      (5) In early 2003 Iran announced plans to mine its own natural uranium and admitted constructing two nuclear facilities, one a gas centrifuge uranium enrichment facility and the other a heavy water production plant.

      (6) A uranium enrichment facility would give Iran the capability to indigenously produce nuclear-weapons grade uranium. Further, heavy water is used in reactors that not only produce weapons-grade plutonium, but also tritium, a key ingredient in boosted-fission weapons.

      (7) At the same time, Iran has been developing long-range missiles that could deliver nuclear explosive devices. Director of Central Intelligence Tenet has warned that Iran could flight test an intercontinental ballistic missile later this decade.

      (8) Iran has received considerable assistance in its nuclear program and in its missile development program from the Russian Federation, the People's Republic of China, and North Korea.

      (9) Congress has long been seized with finding ways to deter or delay Iran's acquisition or development of such deadly weapons, including through the enactment of the Iran-Iraq Arms Non-Proliferation Act of 1992, the Iran Libya Sanctions Act of 1996, the Iran Non-Proliferation Act of 2000, and the Iran Nuclear Proliferation Prevention Act of 2002.

      (10) Successive Administrations have similarly sought to deter or delay Iran's acquisition or development of such weapons by such measures as elevating Iran's proliferation behavior in bilateral relations with the Russian Federation and the People's Republic of China, sanctioning entities of the Russian Federation providing technology or expertise to Iran's nuclear and missile programs, and urging multilateral export control regimes to deny sensitive technology to proliferators like Iran.

      (11) President Bush included Iran as one of the countries that comprise the `axis of evil' in his January 2002 State of the Union Address because of its efforts to develop weapons of mass destruction and its support of international terrorism. Iran has been the principle supporter and supplier to Hizballah in southern Lebanon, Hamas, and Islamic Jihad. Further, the leaders of Iran have publicly called for the destruction of the State of Israel.

      (12) A nuclear-armed Iran would pose a grave threat to the national security of the United States and to our allies in the region.

    (b) STATEMENT OF POLICY- Congress--

      (1) finds that Iran's support of terrorism and its efforts to develop nuclear weapons are a grave threat to the national security of the United States and its allies and to the United States Armed Forces;

      (2) declares that the United States and our friends and allies must make maximum efforts to prevent Iran from developing or acquiring nuclear weapons and the missiles to deliver them;

      (3) urges the President to use all appropriate means to prevent Iran from gaining such capabilities;

      (4) urges the International Atomic Energy Agency (IAEA) to employ the full range of its inspection authorities to ensure that Iran's nuclear program is used for peaceful purposes only;

      (5) encourages Iran to sign and ratify the new nuclear safeguards protocol, the `Model Additional Protocol (INFCIRC/540-Corr)' to the Treaty on the Non-Proliferation of Nuclear Weapons, which would demonstrate Iran's commitment to sharing information about its nuclear program with the IAEA and the international community and to full disclosure and transparency about its nuclear program; and

      (6) urges the United States resident representative to the IAEA to work with the Board of Governors of the IAEA on guidelines for early identification of noncompliance with the Nuclear Non-Proliferation Treaty.

TITLE XIV--MISSILE THREAT REDUCTION ACT OF 2003

SEC. 1401. SHORT TITLE.

    This title may be cited as the `Missile Threat Reduction Act of 2003'.

Subtitle A--Strengthening International Missile Nonproliferation Law

SEC. 1411. FINDINGS.

    Congress makes the following findings:

      (1) The spread of offensive ballistic missiles suitable for launching nuclear, chemical, and biological warheads is accelerating across the globe.

      (2) According to the Carnegie Endowment for International Peace, more than 25 countries possess missiles with ranges in excess of 300 kilometers and capable of delivering a nuclear warhead.

      (3)(A) Many of the countries now possessing such missiles, and engaging in the sale and transfer of such missiles and their production technology to other countries, are directly hostile to the United States, its interests, and its allies.

      (B) Of particular concern in this regard is North Korea, which regularly sells ballistic missiles and technology to countries in regions of instability and concern to the United States.

      (4) The Central Intelligence Agency has stated in its most recent report on the foreign ballistic missile threat the following:

        `Emerging ballistic missile states continue to increase the range, reliability, and accuracy of the missile systems in their inventories--posing ever greater risks to U.S. forces, interests, and allies throughout the world. A decade ago, U.S. and allied forces abroad faced threats from SRBM's [Short Range Ballistic Missiles]--primarily the Scud and its variants. Today, countries have deployed or are on the verge of deploying MRBM's [Medium Range Ballistic Missiles], placing greater numbers of targets at risk.

        `Proliferation of ballistic missile-related technologies, materials, and expertise--especially by Russian, Chinese, and North Korean entities--has enabled emerging missile states to accelerate the development timelines for their existing programs, acquire turnkey systems to gain previously non-existent capabilities--in the case of the Chinese sale of the M-11 SRBM to Pakistan--and lay the groundwork for the expansion of domestic infrastructures to potentially accommodate even more capable and longer range future systems.'.

      (5) The same CIA report also noted the following: `North Korea has assumed the role as the missile and manufacturing technology source for many programs. North Korean willingness to sell complete systems and components has enabled other states to acquire longer range capabilities earlier than otherwise would have been possible--notably the sale of the No Dong MRBM to Pakistan. The North also has helped countries to acquire technologies to serve as the basis for domestic development efforts--as with Iran's reverse-engineering of the No Dong in the Shahab-3 program. Meanwhile, Iran is expanding its efforts to sell missile technology.'.

      (6) Since 1987, 33 countries have committed to abide by a voluntary set of guidelines known as the Missile Technology Control Regime (MTCR), whereby adherents agreed to refrain from the transfer to nonadherents of certain categories of whole missiles, their constituent parts, and the facilities to manufacture them, especially `Category I' missiles, which at a range of 300 kilometers or more and a payload capacity of 500 kilograms or more are especially suited for delivering nuclear weapons.

      (7) In October 2002, 93 countries committed to observe a nonbinding code of conduct derived from, but less restrictive than, the nonbinding MTCR. While this is a welcome achievement, it does not provide a legal obligation on its adherents to refrain from the trade in missiles or missile technology.

      (8) On December 10, 2002, the White House released its `National Strategy to Combat Weapons of Mass Destruction', wherein it is stated that strengthening international nonproliferation controls on weapons of mass destruction (WMD) and upon the missiles that can deliver them is the second of three principal pillars of the National Strategy. The National Strategy also states that `effective interdiction is a critical part of the U.S. strategy to combat WMD and their delivery means'.

      (9) On December 11, 2002, the United States took control of an unflagged freighter that was attempting clandestinely to ship, from North Korea to Yemen, SCUD missiles of a type that would be generally prohibited from transfer as Category I missiles.

      (10) Neither North Korea nor Yemen is an adherent to the MTCR guidelines, which in any case are not legally binding, and there is no binding international legal instrument that would prohibit shipments of the missiles referred to in paragraph (9).

      (11) At Yemen's request, the United States released the shipment of North Korean Scud missiles to Yemen.

      (12) Also on December 11, 2002, the White House press spokesman stated that existing international law regarding halting the spread of missile proliferation could be strengthened. The new National Strategy to Combat Weapons of Mass Destruction also commits the United States to support those regimes that are currently in force, and to work to improve the effectiveness of, and compliance with, those regimes, and identifies the MTCR as a regime that the United States will seek to strengthen.

      (13) Secretary of Defense Donald Rumsfeld, testifying on February 12, 2003, before the Committee on Armed Services of the Senate, stated the following: `...[I]t's pretty clear that the proliferation regimes that exist in the world worked pretty well before, [but] they're not working very well right now.... [U]nless the world wakes up and says this is a dangerous thing and creates a set of regimes that will in fact get cooperation to stop those weapons, we're going to be facing a very serious situation in the next five years.'.

      (14) The MTCR has made an invaluable contribution to restraint in the international trade of offensive ballistic missiles. Strengthening international controls on ballistic missiles, however, will require a dramatic expansion of adherents that rigorously abide by the MTCR's guidelines, and a binding legal basis for the United Nations and countries devoted to nonproliferation to prevent, and when necessary act to prevent, further proliferation of offensive ballistic missiles around the world.

      (15) Therefore, it should be the policy of the United States to promote the creation of new international mechanisms that would, in all future circumstances, allow the peace-loving and law-abiding nations of the world the authority to interdict and prevent the transfer of such missiles.

SEC. 1412. POLICY OF THE UNITED STATES.

    It shall be the policy of the United States to seek a binding international instrument or instruments to restrict the trade in offensive ballistic missiles with ranges of 300 kilometers or more that have a payload capacity of 500 kilograms or more. Such a binding international instrument may take the form of a multilateral treaty, a United Nations Security Council resolution, or other instrument of international law, and should provide for enforcement measures including interdiction, seizure, and impoundment of illicit shipments of offensive ballistic missiles and related technology, equipment, and components.

SEC. 1413. SENSE OF CONGRESS.

    It is the sense of the Congress that the United States should immediately introduce a resolution in the United Nations Security Council to prohibit all members of the United Nations from purchasing, receiving, assisting or allowing the transfer of, and to authorize the subsequent interdiction, seizure, and impoundment of, any missile, missile-related equipment, means of producing missiles, or missile-related technology from North Korea.

Subtitle B--Strengthening United States Missile Nonproliferation Law

SEC. 1421. PROBATIONARY PERIOD FOR FOREIGN PERSONS.

    (a) IN GENERAL- Notwithstanding any other provision of law, upon the expiration, or the granting of a waiver, on or after January 1, 2003, of sanctions against a foreign person imposed under section 73(a) of the Arms Export Control Act (22 U.S.C. 2797b(a)) or under section 11B(b)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2410b(b)(1)), as continued in effect under the International Emergency Economic Powers Act, a license shall be required, for a period of not less than 3 years, for the export to that foreign person of all items controlled for export under section 5 or 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2404, 2405), as continued in effect under the International Emergency Economic Powers Act, in accordance with the Export Administration Regulations.

    (b) TERMINATION- Subsection (a) shall not apply to a foreign person 30 days after the President notifies the Committee on International Relations of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate that he has determined that--

      (1) the foreign person has--

        (A) ceased all activity related to the original imposition of sanctions under section 73(a) of the Arms Export Control Act or section 11B(b)(A) of the Export Administration Act of 1979, as the case may be; and

        (B) has instituted a program of transparency measures whereby the United States will be able to verify for at least a period of 3 years that the foreign person is not engaging in prohibited activities under those provisions of law referred to in paragraph (1); and

      (2) there has been an appropriate resolution of the original violation or violations, such as financial penalties, incarceration, destruction of prohibited items, or other appropriate measures taken to prevent a recurrence of the violation or violations.

SEC. 1422. STRENGTHENING UNITED STATES MISSILE PROLIFERATION SANCTIONS ON FOREIGN PERSONS.

    (a) ARMS EXPORT CONTROL ACT- Section 73(a)(2) (22 U.S.C. 2797b(a)(2)) is amended by striking `2 years' each place it appears and inserting `4 years'.

    (b) PUBLIC INFORMATION- Section 73(e)(2) (22 U.S.C. 2797b(e)(2)) is amended by adding at the end the following new sentence: `Such report may be classified only to the extent necessary to protect intelligence sources and methods. If the report is so classified, the President shall make every effort to acquire sufficient alternative information that would allow a subsequent unclassified version of the report to be issued.'.

    (c) EXPORT ADMINISTRATION ACT OF 1979- Any sanction imposed on a foreign person under section 11B(b)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2410b(b)(1)), as continued in effect under the International Emergency Economic Powers Act, shall be in effect for a period of 4 years beginning on the date on which the sanction was imposed.

    (d) APPLICABILITY- The amendments made by subsections (a) and (b) and the provisions of subsection (c) shall apply to all sanctions imposed under section 73(a) of the Arms Export Control Act or section 11B(b)(1) of the Export Administration Act of 1979, as continued in effect under the International Emergency Economic Powers Act, by reason of acts giving rise to such sanctions that were committed by foreign persons on or after January 1, 2003.

SEC. 1423. COMPREHENSIVE UNITED STATES MISSILE PROLIFERATION SANCTIONS ON ALL RESPONSIBLE PERSONS.

    (a) ARMS EXPORT CONTROL ACT- Section 73(a) (22 U.S.C. 2797b(a)) is amended by adding at the end the following new paragraph:

    `(3)(A) Sanctions imposed upon a foreign person under paragraph (2) shall also be imposed on any governmental entity that the President determines exercises effective control over, benefits from, or directly or indirectly facilitates the activities of that foreign person.

    `(B) When a sanction is imposed on a foreign person under paragraph (2), the President may also impose that sanction on any other person or entity that the President has reason to believe has or may acquire items that may not be exported to that foreign person on account of the sanction imposed on that foreign person, with the intent to transfer to that foreign person, or provide to that foreign person access to, such items.

    `(C) The President may also prohibit, for such period of time as he may determine, any transaction or dealing, by a United States person or within the United States, with any foreign person on whom sanctions have been imposed under this subsection.

    `(D) The President shall report on an annual basis to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate the identity of any foreign person that engages in any transaction or activity with a foreign person on whom sanctions have been imposed under this subsection that either--

      `(i) would be the basis for imposing sanctions under subparagraph (B) but for which sanctions have not been imposed; or

      `(ii) would be the basis for imposing sanctions under subparagraph (C) if the transaction or activity had been carried out by a United States person or by a person in the United States.

    Such report shall be unclassified to the maximum extent feasible, but may include a classified annex.'.

    (b) DEFINITION OF PERSON- Section 74(a)(8)(A) (22 U.S.C. 2797c(a)(8)(A)) is amended to read as follows:

      `(8)(A) the term `person' means--

        `(i) a natural person;

        `(ii) a corporation, business association, partnership, society, trust, transnational corporation, or transnational joint venture, any

other nongovernmental entity, organization, or group, and any governmental entity;

        `(iii) any subsidiary, subunit, or parent entity of any business enterprise or other organization or entity listed in clause (ii); and

        `(iv) any successor of any business enterprise or other organization or entity listed in clause (ii) or (iii); and'.

    (c) EXPORT ADMINISTRATION ACT OF 1979-

      (1) SANCTIONS IMPOSED ON GOVERNMENT ENTITIES- Any sanction imposed on a foreign person under section 11B(b)(1)(B) of the Export Administration Act of 1979 (50 U.S.C. App. 2410b(b)(1)(B)), as continued in effect under the International Emergency Economic Powers Act (in this subsection referred to as a `dual use sanction'), shall also be imposed on any governmental entity that the President determines exercises effective control over, benefits from, or directly or indirectly facilitates the activities of that foreign person.

      (2) OTHER ENTITIES- When a dual use sanction is imposed on a foreign person, the President may also impose that sanction on any other person or entity that the President has reason to believe has or may acquire items that may not be exported to that foreign person on account of the dual use sanction imposed on that foreign person, with the intent to transfer to that foreign person, or provide to that foreign person access to, such items.

      (3) TRANSACTIONS BY THIRD PARTIES- The President may also prohibit, for such period of time as he may determine, any transaction or dealing, by a United States person or within the United States, with any foreign person on whom dual use sanctions have been imposed.

      (4) REPORT- The President shall submit on an annual basis to the appropriate congressional committees a report that contains the identity of any foreign person that engages in any transaction or activity with a foreign person on whom dual use sanctions have been imposed that either--

        (A) would be the basis for imposing dual use sanctions under paragraph (2) but for which such sanctions have not been imposed; or

        (B) would be the basis for imposing dual use sanctions under paragraph (3) if the transaction or activity had been carried out by a United States person or by a person in the United States.

      Such report shall be unclassified to the maximum extent feasible, but may include a classified annex.

      (5) DEFINITIONS- In this subsection:

        (A) PERSON- The term `person' means--

          (i) a natural person;

          (ii) a corporation, business association, partnership, society, trust, transnational corporation, or transnational joint venture, any other nongovernmental entity, organization, or group, and any governmental entity;

          (iii) any subsidiary, subunit, or parent entity of any business enterprise or other organization or entity listed in clause (ii); and

          (iv) any successor of any business enterprise or other organization or entity listed in clause (ii) or (iii).

        (B) In the case of countries where it may be impossible to identify a specific governmental entity referred to in subparagraph (A), the term `person' means--

          (i) all activities of that government relating to the development or production of any missile equipment or technology; and

          (ii) all activities of that government affecting the development or production of aircraft, electronics, and space systems or equipment.

        (C) UNITED STATES PERSON- The term `United States person' has the meaning given that term in section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2415(2)).

        (D) MISSILE EQUIPMENT OR TECHNOLOGY- The term `missile equipment or technology' has the meaning given that term in section 11B(c) of the Export Administration Act of 1979 (50 U.S.C. App. 2410b(c)).

    (d) EFFECTIVE DATE- The amendments made by subsections (a) and (b) shall apply with respect to sanctions imposed on or after January 1, 2003, on foreign persons under section 73(a)(2) of the Arms Export Control Act, and the provisions of subsection (c) shall apply with respect to sanctions imposed on or after January 1, 2003, on foreign persons under section 11B(b) of the Export Administration Act of 1979 (50 U.S.C. App. 2410b(b)), as continued in effect under the International Emergency Economic Powers Act.

Subtitle C--Incentives for Missile Threat Reduction

SEC. 1431. FOREIGN ASSISTANCE.

    (a) TYPES OF ASSISTANCE- The President is authorized to provide, on such terms as the President deems appropriate, the following assistance to countries that agree to destroy their ballistic missiles, and their facilities for producing ballistic missiles, that have a payload capacity of 500 kilograms or more over a distance of 300 kilometers or more:

      (1) Assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763).

      (2) Assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.), notwithstanding section 531(e) or 660(a) of that Act (22 U.S.C. 2346(e) or 2420(a)).

      (3) Drawdown of defense articles, defense services, and military education and training under section 506 of the Foreign Assistance Act of 1961 (22 U.S.C. 2318).

    (b) CONGRESSIONAL NOTIFICATION- Assistance authorized under subsection (a) may not be provided until 30 days after the date on which the President has provided notice thereof to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1(a)).

    (c) LIMITATION- Any assistance provided to a country under subsection (a) may not be provided in more than 3 fiscal years.

SEC. 1432. AUTHORIZATION OF APPROPRIATIONS.

    (a) AUTHORIZATION- There is authorized to be appropriated to the President to carry out section 1431 the sum of $250,000,000.

    (b) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.

SEC. 1433. AUTHORIZATION OF TECHNICAL ASSISTANCE IN MISSILE DISARMAMENT.

    The President is authorized to provide technical assistance in the destruction of any missile or facility for producing ballistic missiles, in any country that requests such assistance.

[Struck out->] TITLE XV--EXPORTS OF SATELLITES [<-Struck out]

[Struck out->] SEC. 1501. EXPORT CONTROLS ON SATELLITES AND RELATED ITEMS. [<-Struck out]

    [Struck out->] Notwithstanding any other provision of law, in the case of the export of commercial communications satellites and related items to a country that is a member of the North Atlantic Treaty Organization or that is a major non-NATO ally of the United States, the President may determine to what extent, and under which provisions of law, such export may be controlled. [<-Struck out]

[Struck out->] SEC. 1502. MANDATORY REVIEW BY DEPARTMENT OF STATE. [<-Struck out]

    [Struck out->] (a) CERTAIN DEFENSE SERVICES- The provision of defense services by United States persons, including services or assistance provided during technical interchange meetings, in connection with the launch of a satellite from, or by nationals of, the People's Republic of China, are subject to section 38 of the Arms Export Control Act. [<-Struck out]

    [Struck out->] (b) NOTIFICATION TO CONGRESS- At least 30 days before any export license or any technical assistance agreement is approved under subsection (a), the President shall transmit a certification with respect to such export license or technical assistance agreement in the manner provided in section 36(d) of the Arms Export Control Act, to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate. The export license or technical assistance agreement shall not be approved if the Congress, within that 30-day period, enacts a joint resolution prohibiting such approval. The provisions of section 36(d)(5) of that Act shall apply with respect to any such joint resolution, and the provisions of section 36(f) of that Act shall apply with respect to any certification submitted under this subsection. [<-Struck out]

[Struck out->] SEC. 1503. EXPORT RESTRICTIONS NOT AFFECTED. [<-Struck out]

    [Struck out->] Nothing in this title shall be construed to-- [<-Struck out]

      [Struck out->] (1) modify any restriction on exports imposed under any other provision of law, including-- [<-Struck out]

        [Struck out->] (A) restrictions on exports to-- [<-Struck out]

          [Struck out->] (i) any country the government of which has been determined by the Secretary of State to have repeatedly provided support for acts of international terrorism; [<-Struck out]

          [Struck out->] (ii) any country that does not adhere to the Missile Technology Control Regime; or [<-Struck out]

          [Struck out->] (iii) any other country of proliferation concern; and [<-Struck out]

        [Struck out->] (B) restrictions imposed under title IX of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; or [<-Struck out]

      [Struck out->] (2) affect any provision of section 1514 or 1515 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (22 U.S.C. 2778 note), or of title XIV of the National Defense Authorization Act for Fiscal Year 2000 (22 U.S.C. 2778 note). [<-Struck out]

[Struck out->] SEC. 1504. DEFINITIONS. [<-Struck out]

    [Struck out->] In this title: [<-Struck out]

      [Struck out->] (1) DEFENSE SERVICE- The term `defense service' means-- [<-Struck out]

        [Struck out->] (A) the furnishing of assistance (including training) to foreign persons, whether in the United States or abroad, in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, destruction, processing, or use of a satellite or related items; and [<-Struck out]

        [Struck out->] (B) the furnishing to foreign persons, whether in the United States or abroad, of any technical data in connection with a satellite or related items. [<-Struck out]

      [Struck out->] (2) RELATED ITEMS- The term `related items' means the satellite fuel, ground support equipment, test equipment, payload adapter or interface hardware, replacement parts, and nonembedded solid propellant orbit transfer engines described in the report submitted to Congress by the Department of State on February 6, 1998, pursuant to section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)), as well as systems, components, parts, accessories, and associated equipment for satellites, including ground control equipment. [<-Struck out]

      [Struck out->] (3) UNITED STATES PERSON- The term `United States person' has the meaning given that term in section 16(2) of the Export Administration Act of 1979 (50 U.S.C. 1415(2)). [<-Struck out]

TITLE XVI XV--PROMOTION OF DEMOCRACY, HUMAN RIGHTS, AND RULE OF LAW IN BELARUS

SEC. 1601 1501. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS.

    (a) PURPOSES OF ASSISTANCE- The assistance under this section shall be available for the following purposes:

      (1) To assist the people of the Republic of Belarus in regaining their freedom and to enable them to join the European community of democracies.

      (2) To encourage free and fair presidential, parliamentary, and local elections in Belarus, conducted in a manner consistent with internationally accepted standards and under the supervision of internationally recognized observers.

      (3) To assist in restoring and strengthening institutions of democratic governance in Belarus.

    (b) AUTHORIZATION FOR ASSISTANCE- To carry out the purposes of subsection (a), the President is authorized to furnish assistance and other support for the activities described in subsection (c), to be provided primarily for indigenous Belarusian groups that are committed to the support of democratic processes.

    (c) ACTIVITIES SUPPORTED- Activities that may be supported by assistance under subsection (b) include--

      (1) the observation of elections and the promotion of free and fair electoral processes;

      (2) development of democratic political parties;

      (3) radio and television broadcasting to and within Belarus;

      (4) the development of nongovernmental organizations promoting democracy and supporting human rights;

      (5) the development of independent media working within Belarus and from locations outside the country and supported by nonstate-controlled printing facilities;

      (6) international exchanges and advanced professional training programs for leaders and members of the democratic forces in skill areas central to the development of civil society; and

      (7) other activities consistent with the purposes of this title.

    (d) AUTHORIZATION OF APPROPRIATIONS-

      (1) IN GENERAL- There is authorized to be appropriated to the President to carry out this section such sums as may be necessary for fiscal years 2004 and 2005.

      (2) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

SEC. 1602 1502. RADIO BROADCASTING TO BELARUS.

    (a) PURPOSE- It is the purpose of this section to authorize increased support for United States Government and surrogate radio broadcasting to the Republic of Belarus that will facilitate the unhindered dissemination of information.

    (b) AUTHORIZATION OF APPROPRIATIONS- In addition to such sums as are otherwise authorized to be appropriated, there is authorized to be appropriated such sums as may be necessary for each fiscal year for Voice of America and RFE/RL, Incorporated for radio broadcasting to the people of Belarus in languages spoken in Belarus.

SEC. 1603 1503. SENSE OF CONGRESS RELATING TO SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.

    (a) SENSE OF CONGRESS- It is the sense of Congress that the sanctions described in subsections (c) and (d) should apply with respect to the Republic of Belarus until the President determines and certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the conditions described in subsection (b).

    (b) CONDITIONS- The conditions referred to in subsection (a) are the following:

      (1) The release of individuals in Belarus who have been jailed based on political or religious beliefs.

      (2) The withdrawal of politically motivated legal charges against all opposition figures and independent journalists in Belarus.

      (3) A full accounting of the disappearances of opposition leaders and journalists in Belarus, including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the prosecution of those individuals who are responsible for their disappearances.

      (4) The cessation of all forms of harassment and repression against the independent media, independent trade unions, nongovernmental organizations, religious organizations (including their leadership and members), and the political opposition in Belarus.

      (5) The implementation of free and fair presidential and parliamentary elections in Belarus consistent with OSCE standards on democratic elections and in cooperation with relevant OSCE institutions.

    (c) DENIAL OF ENTRY INTO THE UNITED STATES OF BELARUSIAN OFFICIALS- The President should use his authority under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to deny the entry into the United States of any alien who--

      (1) holds a position in the senior leadership of the Government of Belarus; or

      (2) is a spouse, minor child, or agent of a person inadmissible under paragraph (1).

    (d) PROHIBITION ON LOANS AND INVESTMENT-

      (1) UNITED STATES GOVERNMENT FINANCING- No loan, credit guarantee, insurance, financing, or other similar financial assistance should be extended by any agency of the United States Government (including the Export-Import Bank and the Overseas Private Investment Corporation) to the Government of Belarus, except with respect to the provision of humanitarian goods and agricultural or medical products.

      (2) TRADE AND DEVELOPMENT AGENCY- No funds available to the Trade and Development Agency

should be available for activities of the Agency in or for Belarus.

    (e) MULTILATERAL FINANCIAL ASSISTANCE- It is further the sense of Congress that, in addition to the application of the sanctions described in subsections (c) and (d) to the Republic of Belarus (until the President determines and certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the conditions described in subsection (b)), the Secretary of the Treasury should instruct the United States Executive Director of each international financial institution to which the United States is a member to use the voice and vote of the United States to oppose any extension by those institutions of any financial assistance (including any technical assistance or grant) of any kind to the Government of Belarus, except for loans and assistance that serve humanitarian needs.

SEC. 1604 1504. MULTILATERAL COOPERATION.

    It is the sense of Congress that the President should continue to seek to coordinate with other countries, particularly European countries, a comprehensive, multilateral strategy to further the purposes of this title, including, as appropriate, encouraging other countries to take measures with respect to the Republic of Belarus that are similar to measures described in this title.

SEC. 1605 1505. REPORT.

    (a) REPORT- Not later than 90 days after the date of enactment of this Act, and every year thereafter, the President shall transmit to the appropriate congressional committees a report that describes, with respect to the preceding 12-month period, the following:

      (1) The sale or delivery of weapons or weapons-related technologies from the Republic of Belarus to any country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided support for acts of international terrorism.

      (2) An identification of each country described in paragraph (1) and a detailed description of the weapons or weapons-related technologies involved in the sale.

      (3) An identification of the goods, services, credits, or other consideration received by Belarus in exchange for the weapons or weapons-related technologies.

      (4) The personal assets and wealth of Aleksandr Lukashenka and other senior leadership of the Government of Belarus.

    (b) FORM- A report transmitted pursuant to subsection (a) shall be in unclassified form but may contain a classified annex.

SEC. 1606 1506. DEFINITIONS.

    In this title:

      (1) OSCE- The term `OSCE' means the Organization for Security and Cooperation in Europe.

      (2) SENIOR LEADERSHIP OF THE GOVERNMENT OF BELARUS- The term `senior leadership of the Government of Belarus' includes--

        (A) the President, Prime Minister, Deputy Prime Ministers, government ministers, Chairmen of State Committees, and members of the Presidential Administration of Belarus;

        (B) any official of the Government of Belarus who is personally and substantially involved in the suppression of freedom in Belarus, including judges and prosecutors; and

        (C) any other individual determined by the Secretary of State (or the Secretary's designee) to be personally and substantially involved in the formulation or execution of the policies of the Lukashenka regime that are in contradiction of internationally recognized human rights standards.

TITLE XVII XVI--ISRAELI-PALESTINIAN PEACE ENHANCEMENT ACT OF 2003

SEC. 1701 1601. SHORT TITLE.

    This title may be cited as the `Israeli-Palestinian Peace Enhancement Act of 2003'.

SEC. 1702 1602. FINDINGS.

    Congress makes the following findings:

      (1) The security of the State of Israel is a major and enduring national security interest of the United States.

      (2) A lasting peace in the Middle East region can only take root in an atmosphere free of violence and terrorism.

      (3) The Palestinian people have been ill-served by leaders who, by resorting to violence and terrorism to pursue their political objectives, have brought economic and personal hardship to their people and brought a halt to efforts seeking a negotiated settlement of the conflict.

      (4) The United States has an interest in a Middle East in which two states, Israel and Palestine, will live side by side in peace and security.

      (5) In his speech of June 24, 2002, and in other statements, President George W. Bush outlined a comprehensive vision of the possibilities of peace in the Middle East region following a change in Palestinian leadership.

      (6) A stable and peaceful Palestinian state is necessary to achieve the security that Israel longs for, and Israel should take concrete steps to support the emergence of a viable, credible Palestinian state.

      (7) The Palestinian state must be a reformed, peaceful, and democratic state that abandons forever the use of terror.

      (8) On April 29, 2003, the Palestinian Legislative Council confirmed in office, by a vote of 51 yeas, 18 nays, and 3 abstentions, the Palestinian Authority's first prime minister, Mahmoud Abbas (Abu Mazen), and his cabinet.

      (9) In his remarks prior to the vote of the Palestinian Legislative Council, Mr. Abbas declared: `The government will concentrate on the question of security . . . The unauthorized possession of weapons, with its direct threat to the security of the population, is a major concern that will be relentlessly addressed . . . There will be no other decision-making authority except for the Palestinian Authority.'.

      (10) In those remarks, Mr. Abbas further stated: `We denounce terrorism by any party and in all its

forms both because of our religious and moral traditions and because we are convinced that such methods do not lend support to a just cause like ours but rather destroy it.'.

      (11) Israel has repeatedly indicated its willingness to make painful concessions to achieve peace once there is a partner for peace on the Palestinian side.

SEC. 1703 1603. PURPOSES.

    The purposes of this title are--

      (1) to express the sense of Congress with respect to United States recognition of a Palestinian state; and

      (2) to demonstrate United States willingness to provide substantial economic and humanitarian assistance, and to support large-scale multilateral assistance, after the Palestinians have achieved the reforms outlined by President Bush and have achieved peace with the State of Israel.

SEC. 1704 1604. SENSE OF CONGRESS.

    It is the sense of Congress that--

      (1) peace between Israel and the Palestinians cannot be negotiated until the Palestinian system of government has been transformed along the lines outlined in President Bush's June 24, 2002, speech;

      (2) substantial United States and international economic assistance will be needed after the Palestinians have achieved the reforms described in section 620K(c)(2) of the Foreign Assistance Act of 1961 (as added by section 1706 of this Act) and have made a lasting and secure peace with Israel;

      (3) the Palestinian people merit commendation on the confirmation of the Palestinian Authority's first prime minister, Mahmoud Abbas (Abu Mazen), and his cabinet;

      (4) the new Palestinian administration urgently should take the necessary security-related steps to allow for implementation of a performance-based road map to resolve the Israeli-Palestinian conflict;

      (5) the United States Administration should work vigorously toward the goal of two states living side-by-side in peace within secure and internationally-recognized boundaries free from threats or acts of force; and

      (6) the United States has a vital national security interest in a permanent, comprehensive, and just resolution of the Arab-Israeli conflict, and particularly the Palestinian-Israeli conflict, based on the terms of United Nations Security Council Resolutions 242 and 338.

SEC. 1705 1605. RECOGNITION OF A PALESTINIAN STATE.

    It is the sense of Congress that a Palestinian state should not be recognized by the United States until the President determines that--

      (1) a new leadership of a Palestinian governing entity, not compromised by terrorism, has been elected and taken office; and

      (2) the newly-elected Palestinian governing entity--

        (A) has demonstrated a firm and tangible commitment to peaceful coexistence with the State of Israel and to ending anti-Israel incitement, including the cessation of all officially sanctioned or funded anti-Israel incitement;

        (B) has taken appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures and the confiscation of unlawful weaponry;

        (C) has established a new Palestinian security entity that is fully cooperating with the appropriate Israeli security organizations;

        (D) has achieved exclusive authority and responsibility for governing the national affairs of a Palestinian state, has taken effective steps to ensure democracy, the rule of law, and an independent judiciary, and has adopted other reforms ensuring transparent and accountable governance; and

        (E) has taken effective steps to ensure that its education system promotes the acceptance of Israel's existence and of peace with Israel and actively discourages anti-Israel incitement.

SEC. 1706 1606. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE.

    Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended--

      (1) by redesignating the second section 620G (as added by section 149 of Public Law 104-164 (110 Stat. 1436)) as section 620J; and

      (2) by adding at the end the following new section:

`SEC. 620K. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE.

    `(a) LIMITATION-

      `(1) IN GENERAL- Notwithstanding any other provision of law, assistance may be provided under this Act or any other provision of law to the government of a Palestinian state only during a period for which a certification described in subsection (c) is in effect. The limitation contained in the preceding sentence shall not apply (A) to humanitarian or development assistance that is provided through nongovernmental organizations for the benefit of the Palestinian people in the West Bank and Gaza, or (B) to assistance that is intended to reform the Palestinian Authority and affiliated institutions, or a newly elected Palestinian governing entity, in order to help meet the requirements contained in subparagraphs (A) through (H) of subsection (c)(2) or to address the matters described in subparagraphs (A) through (E) of section 1705(2) of the Israeli-Palestinian Peace Enhancement Act of 2003.

      `(2) WAIVER- The President may waive the limitation of the first sentence of paragraph (1) if the President determines and certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that it is vital to the national interest of the United States to do so.

    `(b) CONGRESSIONAL NOTIFICATION-

      `(1) IN GENERAL- Assistance made available under this Act or any other provision of law to a Palestinian state may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act.

      `(2) SUNSET- Paragraph (1) shall cease to be effective beginning ten years after the date on which notice is first provided under such paragraph.

    `(c) CERTIFICATION- A certification described in this subsection is a certification transmitted by the President to Congress that--

      `(1) a binding international peace agreement exists between Israel and the Palestinians that--

        `(A) was freely signed by both parties;

        `(B) guarantees both parties' commitment to a border between two states that constitutes a secure and internationally recognized boundary for both states, with no remaining territorial claims;

        `(C) provides a permanent resolution for both Palestinian refugees and Jewish refugees from Arab countries; and

        `(D) includes a renunciation of all remaining Palestinian claims against Israel through

provisions that commit both sides to the `end of the conflict'; and

      `(2) the new Palestinian government--

        `(A) has been democratically elected through free and fair elections, has exclusive authority and responsibility for governing the national affairs of the Palestinian state, and has achieved the reforms outlined by President Bush in his June 24, 2002, speech;

        `(B) has completely renounced the use of violence against the State of Israel and its citizens, is vigorously attempting to prevent any acts of terrorism against Israel and its citizens, and punishes the perpetrators of such acts in a manner commensurate with their actions;

        `(C) has dismantled, and terminated the funding of, any group within its territory that conducts terrorism against Israel;

        `(D) is engaging in ongoing and extensive security cooperation with the State of Israel;

        `(E) refrains from any officially sanctioned or funded statement or act designed to incite Palestinians or others against the State of Israel and its citizens;

        `(F) has an elected leadership not compromised by terror;

        `(G) is demilitarized; and

        `(H) has no alliances or agreements that pose a threat to the security of the State of Israel.

    `(d) RECERTIFICATIONS- Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (c), and every 6 months thereafter for the 10-year period beginning on the date of transmittal of such certification--

      `(1) the President shall transmit to Congress a recertification that the requirements contained in subsection (c) are continuing to be met; or

      `(2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor.

    `(e) RULE OF CONSTRUCTION- A certification under subsection (c) shall be deemed to be in effect beginning on the day after the last day of the 10-year period described in subsection (d) unless the President subsequently determines that the requirements contained in subsection (c) are no longer being met and the President transmits to Congress a report that contains the reasons therefor.'.

SEC. 1707 1607. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE.

    Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as amended by section 1706, is further amended by adding at the end the following new section:

`SEC. 620L. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE.

    `(a) ASSISTANCE- The President is authorized to provide assistance to a Palestinian state in accordance with the requirements of this section.

    `(b) ACTIVITIES TO BE SUPPORTED- Assistance provided under subsection (a) shall be used to support activities within a Palestinian state to substantially improve the economy and living conditions of the Palestinians by, among other things, providing for economic development in the West Bank and Gaza, continuing to promote democracy and the rule of law, developing water resources, assisting in security cooperation between Israelis and Palestinians, and helping with the compensation and rehabilitation of Palestinian refugees.

    `(c) AUTHORIZATION OF APPROPRIATIONS- Of the amounts made available to carry out chapter 4 of part II of this Act for a fiscal year, there are authorized to be appropriated to the President to carry out subsections (a) and (b) such sums as may be necessary for each such fiscal year.

    `(d) COORDINATION OF INTERNATIONAL ASSISTANCE-

      `(1) IN GENERAL- Beginning on the date on which the President transmits to Congress an initial certification under section 620K(c) of this Act, the Secretary of State shall seek to convene one or more donors conferences to gain commitments from other countries, multilateral institutions, and nongovernmental organizations to provide economic assistance to Palestinians to ensure that such commitments to provide assistance are honored in a timely manner, to ensure that there is coordination of assistance among the United States and such other countries, multilateral institutions, and nongovernmental organizations, to ensure that the assistance provided to Palestinians is used for the purposes for which is was provided, and to ensure that other countries, multilateral institutions, and nongovernmental organizations do not provide assistance to Palestinians through entities that are designated as terrorist organizations under United States law.

      `(2) REPORT- Not later than 180 days after the date of the enactment of this section, and on an annual basis thereafter, the Secretary of State shall prepare and submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that describes the activities undertaken to meet the requirements of paragraph (1), including a description of amounts committed, and the amounts provided, to a Palestinian state or Palestinians during the reporting period by each country and organization.'.

TITLE XVIII XVII--MISCELLANEOUS FOREIGN ASSISTANCE PROVISIONS

SEC. 1801 1701. ADDITIONAL AUTHORITIES RELATING TO INTERNATIONAL NARCOTICS CONTROL ASSISTANCE.

    Notwithstanding any other provision of law, assistance provided by the United States Government to support international efforts to combat aerial trafficking of illicit narcotics under chapter 8 of part I of the Foreign Assistance Act of 1961 or under any other provision of law shall include the authority to interdict illicit arms in connection with the trafficking of illicit narcotics.

SEC. 1802 1702. UNITED STATES OPIUM ERADICATION PROGRAM IN COLOMBIA.

    Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Department of State's Narcotics Affairs Section (NAS) in Bogota, Colombia, shall ensure that all pilots participating in the United States opium eradication program in Colombia are Colombians and are fully trained, qualified, and experienced pilots, with preference provided to individuals who are members of the Colombian National Police.

SEC. 1803 1703. COOPERATIVE DEVELOPMENT PROGRAM.

    Of the amounts made available for development assistance under the Foreign Assistance Act of 1961, not less than $2,000,000 for each of the fiscal years 2004 and 2005 are authorized to be made available to finance projects among the United States, Israel, and developing countries in Africa under the Cooperative Development Program.

SEC. 1804 1704. WEST BANK AND GAZA PROGRAM.

    (a) OVERSIGHT- For fiscal year 2004, the Secretary of State shall certify to the appropriate committees of Congress not later than 30 days prior to the initial obligation of funds for the West Bank and Gaza that procedures have been established to assure the Comptroller General will have access to appropriate United States financial information in order to review the use of United States assistance for the West Bank and Gaza funded under chapter 4 of part II of the Foreign Assistance Act of 1961 (`Economic Support Fund').

    (b) VETTING- Prior to any obligation of funds authorized to be appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 for assistance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual or entity that the Secretary knows, or has reason to believe, advocates, plans, sponsors, engages in, or has engaged in, terrorist activity. The Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection.

    (c) AUDITS-

      (1) IN GENERAL- The Administrator of the United States Agency for International Development shall ensure that independent audits of all contractors and grantees, and significant subcontractors and subgrantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section.

      (2) AUDITS BY INSPECTOR GENERAL OF USAID- Of the funds authorized to be appropriated by this Act to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 that are made available for assistance for the West Bank and Gaza, up to $1,000,000 may be used by the Office of the Inspector General of the United States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements of paragraph (1). Such funds are in addition to funds otherwise available for such purposes.

SEC. 1805 1705. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON INCITEMENT TO ACTS OF DISCRIMINATION.

    (a) COUNTRIES RECEIVING ECONOMIC ASSISTANCE- Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended--

      (1) in paragraph (9), by striking `and' at the end;

      (2) in paragraph (10), by striking the period at the end and inserting `; and'; and

      (3) by adding at the end the following:

      `(11)(A) wherever applicable, in a separate section with a separate heading, a description of the nature and extent of--

        `(i) propaganda in government and government-controlled media and other sources, including government-produced educational materials and textbooks, that attempt to justify or promote racial hatred or incite acts of violence against any race or people; and

        `(ii) complicity or involvement in the creation of such propaganda or incitement of acts of violence against any race; and

      `(B) a description of the actions, if any, taken by the government of the country to eliminate such propaganda or incitement.'.

    (b) COUNTRIES RECEIVING SECURITY ASSISTANCE- Section 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended by inserting after the eighth sentence the following: `Each report under this section shall also include wherever applicable, in a separate section with a separate heading, a description of (i) the nature and extent of (I) propaganda in government and government-controlled media and other sources, including government-produced educational materials and textbooks, that attempt to justify or promote racial hatred or incite acts of violence against any race, and (II) complicity or involvement in the creation of such propaganda or incitement of acts of violence against any race or people, and (ii) a description of the actions, if any, taken by the government of the country to eliminate such propaganda or incitement.'.

SEC. 1806 1706. ASSISTANCE TO EAST TIMOR.

    Section 632(b)(1) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228) is amended by striking `the fiscal year 2003' and inserting `each of the fiscal years 2003, 2004, and 2005'.

SEC. 1807 1707. SUPPORT FOR DEMOCRACY-BUILDING EFFORTS FOR CUBA.

    (a) STATEMENT OF POLICY- It is the policy of the United States to support those individuals and groups who struggle for freedom and democracy in Cuba, including human rights dissidents, independent journalists, independent labor leaders, and other opposition groups.

    (b) AUTHORIZATION OF APPROPRIATIONS-

      (1) IN GENERAL- There are authorized to be appropriated to the President to carry out section 109(a) of Public Law 104-114 (22 U.S.C. 6039(a)) $15,000,000 for each of the fiscal years 2004 and 2005.

      (2) ADDITIONAL AUTHORITIES- Amounts appropriated pursuant to the authorization of appropriations under subsection (a)--

        (A) are authorized to remain available until expended; and

        (B) are in addition to amounts otherwise available for such purposes.

SEC. 1808 1708. AMENDMENT TO THE AFGHANISTAN FREEDOM SUPPORT ACT OF 2002.

    The Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.) is amended--

      (1) in section 103(a) by striking `section 512 of Public Law 107-115 or any similar' and inserting `any other'; and

      (1) in section 207(b) by striking `section 512 of Public Law 107-115 or any similar' and inserting `any other'.

SEC. 1809 1709. CONGO BASIN FOREST PARTNERSHIP.

    (a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the President to carry out the Congo Basin Forest Partnership (CBFP) program $18,600,000 for each of the fiscal years 2004 and 2005. Of the amounts appropriated pursuant to the authorization of appropriations under the preceding sentence for a fiscal year, $16,000,000 is authorized to be made available to the Central Africa Regional Program for the Environment (CARPE) of the United States Agency for International Development.

    (b) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.

SEC. 1810 1710. COMBATTING THE PIRACY OF UNITED STATES COPYRIGHTED MATERIALS.

    (a) AUTHORIZATION OF APPROPRIATIONS- In addition to such amounts as may otherwise be authorized to be appropriated for such purpose, there are authorized to be appropriated for the Department of State, $10,000,000 to carry out the following activities in countries that are not members of the Organization for Economic Cooperation and Development (OECD):

      (1) Provision of equipment and training for foreign law enforcement, including in the interpretation of intellectual property laws.

      (2) Training for judges and prosecutors, including in the interpretation of intellectual property laws.

      (3) Assistance in complying with obligations under appropriate international copyright and intellectual property treaties and agreements.

    (b) CONSULTATION WITH WORLD INTELLECTUAL PROPERTY ORGANIZATION- In carrying out subsection (a), the Department of State should make every effort to consult with, and provide appropriate assistance to, the World Intellectual Property Organization to promote the integration of non-OECD countries into the global intellectual property system.

SEC. 1811 1711. ASSISTANCE FOR LAW ENFORCEMENT FORCES IN CERTAIN FOREIGN COUNTRIES.

    Notwithstanding section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420), the Administrator of the United States Agency for International Development is authorized to provide assistance for fiscal years 2004 and 2005 to--

      (1) law enforcement agencies of the Government of India for the purposes of enhancing their capacity for medical-first-response and search-and-rescue operations after a natural disaster, improving the access of women to justice, and combating the trafficking of persons; and

      (2) the new police force of Northern Ireland for the purpose of providing computer-based, human-rights and other professional training, and the law enforcement agencies of the Republic of Ireland (ROI) for the purposes of fostering greater cooperation and communication between the police force of the Republic of Ireland and the new police force of Northern Ireland, as recommended by the Patten Commission.

SEC. 1812 1712. HUMAN RIGHTS AND DEMOCRACY FUND.

    Section 664(c)(1) of the Freedom Investment Act of 2002 (subtitle E of title VI of division A of Public Law 107-228; 22 U.S.C. 2151n-2(c)(1)) is amended--

      (1) by striking `for fiscal year 2003' and inserting `for each of the fiscal years 2003 through 2005'; and

      (2) by striking `$21,500,000 is' and inserting `$21,500,000 for fiscal year 2003, $24,000,000 for fiscal year 2004, and such sums as may be necessary for fiscal year 2005 are'.

SEC. 1813 1713. ENHANCED POLICE TRAINING.

    Section 660(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2420(b)) is amended--

      (1) in paragraph (7), by striking the period at the end and inserting `; or'; and

      (2) by adding at the end the following new paragraph:

      `(8) with respect to assistance provided to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in internationally recognized human rights, the rule of law, strategic planning, and counter-narcotics, and through the promotion of civilian police roles that support democratic governance, including programs to combat corruption and the trafficking of persons, particularly by organized crime, prevent conflict, and foster improved police relations with the communities in which they serve.'.

SEC. 1814 1714. PROMOTING A SECURE AND DEMOCRATIC AFGHANISTAN.

    (a) FINDINGS- The Congress finds that--

      (1) the United States has a vital interest in promoting Afghanistan's transition from chaos, civil war, and disorder to an increasingly prosperous democratic state, safe and secure with its neighbors, respecting human rights, particularly the rights of women and girls, dedicated to the liberty, literacy, and enrichment of its citizens, and serving as a model for other countries;

      (2) basic security in the major cities and along key transportation routes is critical to the reconstruction and development of Afghanistan, including fostering implementation of the Bonn Agreement, achieving progress towards a democratic and tolerant government, and encouraging international private investment;

      (3) Afghanistan and its people remain under serious threat from terrorism, insurgency, widespread crime, banditry, intimidation, rape, and suppression of minorities and women, and other grave violations of human rights continue to occur, especially in areas that do not have a routine presence of international security personnel;

      (4) lethal clashes continue between the private armies of warlords, attacks against Afghan civilians and officials and United States and international organization personnel are on the rise, and threats against civilians and whole villages not to cooperate with Americans or the central government are now routine;

      (5) the growth, production, and trafficking of Afghan opium and its derivatives pose a serious threat to international peace and security and efforts toward reconstruction in Afghanistan;

      (6) recruitment and training of the Afghan National Army and the Afghan National Police are seriously behind schedule and will not be at full strength for several years, leaving the central government and Afghan citizens vulnerable to the depredations of terrorists, insurgents, and the private armies of warlords;

      (7) although the 4,500 soldiers of the International Security Assistance Force (ISAF) have provided much-needed security for the citizens of Kabul, it is not within their mandate or power to promote security to other areas, and human rights abuses are continuing in areas in and around Kabul where ISAF is not present;

      (8) vastly disproportionate numbers of refugees returning from neighboring countries have gone to Kabul because of the security provided by ISAF and the insecurity of their home areas, overwhelming Kabul and far exceeding its capacity for shelter, food, and employment;

      (9) NATO has recently decided to take over responsibility for a limited ISAF, a welcome development that will not, unfortunately, provide any additional security in Kabul or elsewhere;

      (10) the United States has stated on numerous occasions that it does not oppose the expansion of ISAF, but that heretofore other countries have not expressed a willingness to participate in an expanded force;

      (11) the United States has not itself demonstrated a commitment to expansion of ISAF or a similar international security or peacekeeping force, a commitment to leadership that other nations may more likely follow;

      (12) the Secretary of Defense has announced that the combat phase of the war in Afghanistan has ended, and that the United States will be focusing its efforts on a reconstruction phase utilizing lightly-armed, platoon-sized Provincial Reconstruction Teams to provide security for reconstruction efforts, rather than an expanded international peacekeeping or patrolling security force;

      (13) the Provincial Reconstruction Teams may prove inadequate to provide a significant level of security to their regions, and are not tasked to secure the major transportation routes which are critical to the economic revival of Afghanistan;

      (14) United States and foreign nongovernmental aid workers and Afghan civilian aid workers are at great risk of being robbed, beaten, and killed in areas of Afghanistan that are not being patrolled by United States forces or Afghan central government forces;

      (15) such acts of theft, intimidation, and murder against foreign aid and Afghan civilian workers are occurring with increasing frequency, and are often deliberately committed by Taliban and other insurgent and rebel forces with the intention of creating sufficient terror to undermine and arrest any efforts to rebuild Afghanistan into a peaceful, democratic, and prosperous nation that prohibits terrorism and tyranny;

      (16) the report of the Inspector General of the United States Agency for International Development (USAID) confirms that USAID workers are virtual captives in their compounds, able to venture out into the countryside for brief periods and only under heavy armed escort, conditions which are counterproductive to their mission of assisting the people of Afghanistan;

      (17) the Taliban and al-Qaeda may believe they only have to create enough terror and uncertainty in the country to undermine the creation of strong representative institutions, and wait until the United States leaves to again create chaos, exploit tribal rivalries, and plunge Afghanistan back into chaos;

      (18) failure to secure a peaceful and democratic Afghanistan will diminish the credibility of efforts by the United States and the international community to promote peace and democracy elsewhere in the Muslim world; and

      (19) unless general security can be provided in the major population areas, strategic highways, and border crossings and chokepoints, the goals for which the war in Afghanistan was fought may be lost and the efforts and lives spent in the attempt to liberate and rebuild Afghanistan may be wasted.

    (b) SECURITY POLICY-

      (1) SECURITY ALONG HIGHWAYS- The President shall take immediate steps to ensure that there is adequate security along the length of highways connecting major Afghan urban centers in order to terminate and deter acts of banditry, illegal checkpoints, human rights abuses, terrorism, and intimidation against Afghan and foreign civilians and military personnel.

      (2) DISARMAMENT, ETC. OF AFGHAN MILITIAS- The President shall take immediate steps to support directly the disarmament, demobilization, and reintegration of Afghan militias and irregulars that are not formally part of the Afghan National Army or under the direct control of the central government in Afghanistan.

    (c) SENSE OF CONGRESS- It is the sense of the Congress that the President should take steps to implement section 206(d) of the Afghanistan Freedom Support Act of 2002 (Public Law 107-327) to expand significantly the International Security Assistance Force, or take such other steps as may be necessary, such as increasing the number and force levels of United States Provincial Reconstruction Teams, so as to--

      (1) increase the area in which security is provided and undertake vital tasks related to promoting security, such as disarming warlords militias and irregulars;

      (2) deter criminal activity, including rape, robbery, and intimidation of civilians; and

      (3) safeguard highways in order to allow governmental and nongovernmental assistance and reconstruction personnel to move more freely in the countryside to provide humanitarian relief and rebuild Afghanistan.

SEC. 1815 1715. GRANTS TO THE AFRICA SOCIETY.

    (a) GRANTS TO THE AFRICA SOCIETY- For any fiscal year, the Secretary of State is authorized to make grants to the Africa Society to carry out programs and activities that advance United States interests and values in Africa through public and private partnerships that facilitate the continent's political transition to more open democratic societies, support equitable economic growth through trade and investment, support efforts to promote transparency and openness through the public and private sectors, encourage civil society growth and development, and promote awareness of all Americans about Africa, consistent with a grant agreement under such terms as the Secretary of State considers necessary and appropriate.

    (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $1,000,000 for the fiscal year 2004 and such sums as may be necessary for the fiscal year 2005.

Union Calendar No. 105

108th CONGRESS

1st Session

H. R. 1950

[Report No. 108-105, Parts I, II, III, and IV]

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.

July 11, 2003

Reported from the Committee on Energy and Commerce with an amendment, committed to the Committee on the Whole House on the State of the Union, and ordered printed

END