[House Report 108-105]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-105
HOUSE OF REPRESENTATIVES
1st Session Part 2
======================================================================
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2004 AND 2005
_______
June 12, 2003.--Ordered to be printed
_______
Mr. Hyde, from the Committee on International Relations, submitted the
following
SUPPLEMENTAL REPORT
[To accompany H.R. 1950]
This supplemental report shows the cost estimate of the
Congressional Budget Office and changes in existing law made by
the bill (H.R. 1950), as reported, which was not included in
the report submitted on May 16, 2003 (H. Rept. 108-105, part
1).
Congressional Budget Office Cost Estimate
June 11, 2003.
Hon. Henry J. Hyde,
Chairman, Committee on International Relations,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1950, the Foreign
Relations Authorization Act, Fiscal Years 2004 and 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Sunita
D'Monte and Joseph C. Whitehill.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 1950--Foreign Relations Authorization Act, Fiscal Years 2004 and
2005
Summary: CBO estimates that H.R. 1950 would authorize
appropriations of $32.2 billion for the Department of State and
related agencies, and for various security and economic
assistance programs. Implementing the bill would result in
additional discretionary spending of $30.5 billion over the
2004-2008 period, assuming appropriation of the authorized
amounts, CBO estimates. The bill also contains several
provisions that would affect direct spending and revenues. CBO
estimates that enacting those provisions would increase direct
spending by $25 million over the 2006-2008 period and have an
insignificant effect on revenues.
H.R. 1950 also would affect trade in defense articles and
services. It would give the President authority to control
transfers within the United States of defense articles and
defense services to foreign persons. It would lower the
standard for violation of arms-export regulations and increase
certain fines for violations of export controls. In addition,
the bill would call for stringent control and scrutiny of the
export of missile technology and would authorize the President
to sanction any foreign governmental entity that the President
determines has facilitated violations of export controls of
missile equipment or technology. CBO estimates the trade-
related provisions would not significantly affect federal
spending.
H.R. 1950 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1950 is shown in Table 1. For this
estimate, CBO assumes that the authorized amounts will be
appropriated by the start of each fiscal year and that outlays
will follow historical spending patterns for existing programs,
except as otherwise described. The costs of this legislation
fall within budget functions 050 (national defense), 150
(international affairs), 300 (natural resources and
environment), and 800 (general government).
TABLE 1.--BUDGETARY IMPACT OF H.R. 1950, THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2004 AND 2005
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By fiscal year, in millions of dollars--
-----------------------------------------------------
2003 2004 2005 2006 2007 2008
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SPENDING SUBJECT TO APPROPRIATION
Spending under current law for State Department, related
agencies, and various assistance programs:
Authorization level 1, 2.............................. 17,937 900 0 0 0 0
Estimated outlays..................................... 17,650 7,067 3,117 1,773 996 520
Proposed changes:
Estimated authorization level......................... 0 15,220 15,569 475 477 478
Estimated outlays..................................... 0 9,990 13,643 3,945 1,736 1,231
Spending under H.R. 1950 for State Department, related
agencies, and various assistance programs:
Estimated authorization level 1, 2.................... 17,937 16,120 15,569 475 477 478
Estimated outlays..................................... 17,650 17,057 16,760 5,718 2,732 1,751
CHANGES IN DIRECT SPENDING
Estimated budget authority................................ 0 * * 5 10 10
Estimated outlays......................................... 0 * * 5 10 10
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year and includes appropriations provided in Public Law
108-11, the Emergency Wartime Supplemental Appropriations Act, 2003.
\2\ Public Law 106-113, an act making consolidated appropriations for the fiscal year ending September 30, 2000,
and for other purposes, authorized appropriations of $900 million for Embassy Security, Construction, and
Maintenance in 2004.
Note.--* = less than $500,000.
Basis of estimate
H.R. 1950 would provide a comprehensive two-year
authorization of appropriations for the State Department and
related agencies and it would authorize appropriations for
various security and economic assistance programs. In addition,
the bill contains several provisions that would affect direct
spending and revenues.
Spending subject to appropriation
CBO estimates that Divisions A and B of H.R. 1950 would
authorize appropriations of about $32 billion for the
Department of State and related agencies and for various
security and economic assistance programs. CBO estimates that
implementing the bill would result in additional discretionary
spending of $30.5 billion over the 2004-2008 period, assuming
appropriation of the authorized amounts.
Division A--Department of State Authorization Act, Fiscal
Years 2004 and 2005. CBO estimates that Division A would
authorize appropriations of about $9.3 billion in 2004, $10.7
billion in 2005, and $0.1 billion a year over the 2006-2008
period for the Department of State and related agencies (see
Table 2). It would specifically authorize appropriations of
$9.3 billion in 2004, $10.1 billion in 2005, and some small
amounts over the 2006-2008 period. In addition to the costs
covered by the specified authorizations, the division contains
provisions primarily dealing with international peacekeeping,
public diplomacy, and personnel, that CBO estimates would
require additional appropriations of almost $0.9 billion over
the 2004-2008 period to implement. CBO estimates that
implementing this division would cost almost $19.5 billion over
the 2004-2008 period, assuming appropriation of the specified
and estimated amounts.
TABLE 2.--ESTIMATED SPENDING SUBJECT TO APPROPRIATION FOR DIVISION A OF H.R. 1950
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By fiscal year, in millions of dollars--
-----------------------------------------------------
2003 2004 2005 2006 2007 2008
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Spending under current law for the State Department and
related agencies:
Authorization level 1, 2.............................. 9,257 900 0 0 0 0
Estimated outlays..................................... 8,998 3,338 1,649 1,065 657 347
Proposed changes:
Estimated authorization level......................... 0 9,339 10,693 105 107 108
Estimated outlays..................................... 0 6,421 8,533 2,586 1,178 761
Spending under Division A of H.R. 1950 for the State
Department and related agencies:
Estimated authorization level 1, 2.................... 9,257 10,239 10,693 105 107 108
Estimated outlays..................................... 8,998 9,759 10,182 3,651 1,835 1,108
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\1\ The 2003 level is the amount appropriated for that year and includes appropriations provided in Public Law
108-11, the Emergency Wartime Supplemental Appropriations Act, 2003.
\2\ Public Law 106-113, an act making consolidated appropriations for the fiscal year ending September 30, 2000,
and for other purposes, authorized appropriations of $900 million for Embassy Security, Construction, and
Maintenance in 2004.
International Peacekeeping. Section 113 would authorize the
appropriation of $550 million in 2004 and such sums as may be
necessary in 2005 for contributions to international
peacekeeping activities. Based on information from the
Department of State and adjusting for inflation, CBO estimates
that the department would require $560 million in 2005.
Middle East Broadcasting Network. Section 501 would
authorize annual grants for a Mideast Radio and Television
Network to provide radio and television broadcasts to the
Middle East region. Under current law, Radio Sawa provides
radio programming to the Middle East at an annual cost of about
$10 million. The Broadcasting Board of Governors (BBG) plans to
add a satellite television network that would provide news,
entertainment, and information programs to complement this
radio programming. Public Law 108-11, the Emergency Wartime
Supplemental Appropriations Act, 2003, provided $26 million in
2003 for start-up costs of the network. The bill provides an
authorization of appropriations of $47 million in each of 2004
and 2005 only. Based on information from the BBG, CBO estimates
that operating costs for this television network would be $37
million a year over the 2004-2008 period, and the costs for
Radio Sawa would continue at about $10 million a year.
Exchange Programs. Section 251 would establish new
educational and cultural exchange programs and expand existing
ones in countries with predominantly Muslim populations.
Section 112 would authorize the appropriation of $35 million a
year for this purpose in 2004 and 2005. CBO estimates that
continuing these programs would cost an additional $112 million
over the 2006-2008 period.
Promotion of Free Media. Section 607 would establish an
International Free Media Fund within the department to promote
the development of free and independent media all over the
world. The bill would authorize appropriations of $15 million
in 2004 for this purpose. Section 608 would require the BBG to
support free media, especially in countries where it is
reducing or discontinuing international broadcasting, and would
authorize appropriations of $2.5 million each year in 2004 and
2005 for this purpose.
Hardship and Danger Pay Allowances. Section 307 would
increase the cap on hardship and danger pay allowances from 25
percent to 35 percent of basic pay for State Department
employees serving overseas. Based on information from the
Department of State, CBO estimates implementing this section
would cost $8 million to $9 million annually over the 2004-2008
period.
Office of Global Internet Freedom. Section 524 would
authorize the BBG to establish an Office of Global Internet
Freedom to prevent foreign governments from censoring or
jamming the Internet and persecuting their citizens who use the
Internet. The bill would specifically authorize appropriations
of $8 million a year in 2004 and 2005 to establish and operate
this office. CBO estimates implementing this section would cost
$8 million to $9 million annually over the 2004-2008 period.
Indefinite Authorizations for Currency Fluctuations.
Section 113(c) would authorize the appropriation of such sums
as may be necessary in 2004 to compensate for adverse
fluctuations in exchange rates that might affect contributions
to international organizations. Any funds appropriated for this
purpose would be obligated and expended subject to
certification by the Office of Management and Budget (OMB).
Currency fluctuations are extremely difficult to estimate in
advance, and they could result in spending either higher or
lower than the amounts specifically authorized in the bill for
contributions to international organizations and programs.
Therefore, this estimate includes no costs associated with
currency fluctuations.
Colin Powell Center for American Diplomacy. Section 230
would authorize the Secretary of State to establish the Colin
Powell Center for American Diplomacy at the Harry S. Truman
Building in Washington, DC. According to the Department of
State, it would establish the center through a partnership with
the nonprofit Foreign Affairs Museum Council (FAMC). The
department would provide the space, staff, and security for the
center, while FAMC would provide funding from private sources.
A feasibility study is currently underway, and the department
was unable to provide details that would allow CBO to estimate
the operating costs of the center.
Reimbursement Rate for Airlift Services. Section 224 would
reduce by about half the reimbursement rate paid by the
Department of State to the Department of Defense (DoD) for
transporting armored vehicles by air. Over the 2000-2002
period, the department reimbursed DoD an average of $2 million
a year. Based on this information, CBO estimates that
implementing this section would save the department $1 million
a year.
Reporting Requirements. Division A includes several
provisions that would expand or introduce new reporting
requirements. Combined, these provisions would raise spending
subject to appropriation by about $2 million annually, but each
provision would likely cost less than $500,000 a year.
Miscellaneous Provisions. CBO estimates that the following
sections of Division A would have an insignificant impact on
spending subject to appropriation:
Section 206 would authorize a demonstration
program in library sciences to help foreign governments improve
literacy and public education in their countries by
establishing or upgrading public library systems.
Section 301 would authorize an exchange program
for the assignment of civil and foreign service employees to
fellowship positions in foreign governments, and the reciprocal
assignment of foreign government employees as fellows in the
department.
Section 302 would clarify the department's
authority to settle claims of back pay and other administrative
claims and grievances.
Section 310 would give the department greater
flexibility in awarding meritorious step increases in salaries.
Section 504 would authorize the BBG to conduct a
pilot program to promote travel and tourism by broadcasting
information on regions of the United States that rely on
tourism.
Subtitle C of title V would transfer all functions
and assets of BBG and the International Broadcasting Bureau to
a new independent agency named the International Broadcasting
Agency.
Division B--Defense Trade and Security Assistance Reform
Act of 2003. Division B would tighten regulation of trade in
defense and dual-use articles and technologies and authorize
funding for various security assistance programs (see Table 3).
Unlike Division A, which provides a comprehensive two-year
authorization of appropriations of foreign relations
authorizations, this division would authorize funding for
various programs, projects, and activities through specific and
indefinite authorizations of appropriation or through earmarks
of funds not authorized elsewhere in the bill. For this
estimate, CBO treats these earmarks as authorizations of
appropriations since there are no amounts authorized for the
programs in general. CBO estimates that implementing Division B
would cost $3.6 billion in 2004 and $11.1 billion over the
2004-2008 period, assuming the appropriation of the necessary
amounts.
TABLE 3.--ESTIMATED SPENDING SUBJECT TO APPROPRIATION FOR DIVISION B OF H.R. 1950
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By fiscal year, in millions of dollars--
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2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
Spending under current law for various security assistance
programs:
Budget authority \1\.................................. 8,680 0 0 0 0 0
Estimated outlays..................................... 8,652 3,729 1,468 708 339 173
Proposed changes:
Estimated authorization level......................... 0 5,881 4,876 370 370 370
Estimated outlays..................................... 0 3,569 5,110 1,359 558 470
Spending under Division B of H.R. 1950 for various
security assistance programs:
Estimated authorization level \1\..................... 8,680 5,881 4,876 370 370 370
Estimated outlays..................................... 8,652 7,298 6,578 2,067 897 643
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\1\ The 2003 level is the amount appropriated for that year and includes appropriations provided in Public Law
108-11, the Emergency Wartime Supplemental Appropriations Act, 2003.
Security Assistance and Related Provisions. Title XIII
would authorize the appropriation of $4.4 billion for foreign
military financing and $91.7 million for international military
education and training in 2004.
Sections 1321 and 1322 would authorize foreign military
financing and Economic Support Fund appropriations for Israel
and Egypt through 2005. The sections would specify formulas
that would continue through 2005 the gradual reduction of
economic assistance to those two countries and the increase in
foreign military financing for Israel begun in 1999. For
Israel, section 1321 would authorize foreign military financing
of $2.160 billion in 2004 and $2.220 billion in 2005, and
Economic Support Fund appropriations of $480 million in 2004
and $360 million in 2005. For Egypt, section 1322 would
authorize foreign military financing for Egypt of $1.3 billion
in both 2004 and 2005 and Economic Support Fund appropriations
of $575 million in 2004 and $535 million in 2005.
Section 1337 would authorize the appropriation of $60
million a year for the nonproliferation fund in 2004 and 2005
and $25 million a year in 2004 and 2005 to secure highly
enriched uranium in the states of the former Soviet Union.
Missile Threat Reduction Assistance. Title XIV would
authorize the appropriation of $250 million for assistance to
countries that agree to destroy their ballistic missiles and
their facilities for producing those missiles. Under the bill,
the President would determine the terms and conditions for
providing the assistance which could be economic or military in
character. For this estimate, CBO assumes the funds would be
appropriated at the rate of $50 million a year over the 2004-
2008 period, consistent with report language accompanying the
bill, and the rate of spending would be comparable to that for
the Former Soviet Union Threat Reduction.
Belarus. Title XVI would authorize the appropriation of
such sums as may be necessary in 2004 and 2005 for assistance
and radio broadcasting to promote the development of democracy
and civil society in Belarus. The assistance could be used to
develop democratic parties, nongovernmental organizations, an
independent broadcasting and print media, or to observe
elections. Based on information from the State Department, CBO
estimates that funding for such assistance in Belarus would
continue at the 2003 level of $10 million each year. Based on
information from the BBG, CBO further estimates that funding
for international broadcasting to Belarus would double to $3
million a year, for an increase of $1.5 million each year over
the amount authorized in Division A of the bill.
Israeli-Palestinian Peace Enhancement Act. Title XVII would
express the sense of the Congress with respect to U.S.
recognition of a Palestinian state and express a willingness to
provide substantial economic and humanitarian assistance to
such a state. It would authorize the appropriation of such sums
as may be necessary to promote the economic and civil
development of a Palestinian state. However, the President must
certify a binding peace agreement between Israel and the
Palestinians has been achieved under a set of conditions before
any assistance may be provided to a Palestinian state. The
President may waive the certification and the restrictions
would not apply to humanitarian or development assistance
provided to nongovernmental organizations for the benefit of
the Palestinian people. CBO estimates that implementing title
XVII would cost $0.8 billion over the 2004-2008 period,
assuming the appropriation of the necessary amounts. The
estimate assumes that funding in 2004 would continue at the
2003 rate and would increase to over $0.3 billion a year over
the 2006-2008 period.
It is difficult to estimate the cost of implementing title
XVII because of the uncertainty over when or whether Israel and
the Palestinians may reach an agreement recognizing a two-state
solution to peace in the Middle East region. Under the roadmap
to a permanent two-state solution, as outlined by the State
Department on April 30, 2003, the goal would be a permanent
status agreement in 2005. CBO estimates that substantially
increased funding for the Palestinian people could begin by
that year.
Neither the bill nor the Committee report accompanying the
bill provide much guidance for interpreting the intent of the
phrase ``substantial economic and humanitarian assistance.''
For the purpose of the estimate, CBO assumes that funding in
2004 for West Bank/Gaza in the Economic Support Fund would
continue at the $75 million funding level appropriated for 2003
and triple to $225 million in 2005. For the 2006-2008 period,
we assume that the funding for a Palestinian state would be
increased by the $95 million that the United States has in the
past contributed for assistance to the Palestinian people
through the United Nations Relief and Works Agency for
Palestinian Refuges. That increase would raise funding to $320
million a year. In the past, breakthrough agreements such as
the Camp David accords and peace with Jordan have been followed
by bilateral assistance appropriations of billions or many
hundreds of millions of dollars. Funding after a true peace
agreement between Israel and the Palestinians could be much
higher than CBO estimates. Without an agreement, funding would
be much lower.
Miscellaneous Provisions. Title XVIII contains a number of
provisions that would authorize appropriations for various
economic and security assistance programs. They include:
Section 1803 would authorize $2 million a year in
2004 and 2005 for a cooperative development program with
Israel.
Section 1806 would authorize $25 million a year in
2004 and 2005 for economic assistance for East Timor.
Section 1807 would authorize $15 million a year in
2004 and 2005 for grants to individuals and groups supporting
democracy building efforts in Cuba.
Section 1809 would authorize $18.6 million a year
in 2004 and 2005 for a Congo Basin forest partnership program.
Section 1810 would authorize $10 million for
programs to provide equipment and training to law enforcement
officials, prosecutors, and judges in foreign countries in
interpreting intellectual property laws and in complying with
obligations under various international copyright and
intellectual property treaties and agreements.
Section 1811 would authorize assistance to law
enforcement agencies in India and Ireland in 2004 and 2005.
Based on information from the State Department, CBO estimates
that implementing the provision would cost $3 million each
year, assuming the appropriation of the necessary funds.
Section 1812 would authorize $24 million in 2004
and such sums as may be necessary in 2005 for the human rights
and democracy fund administered by the Department of State. CBO
estimates funding in 2005 would continue at the level specified
for 2004.
Section 1815 would authorize the appropriation of
$1 million in 2004 and such sums as may be necessary in 2005
for a grant to the African Society for programs in Africa. CBO
estimates funding in 2005 would continue at the level specified
for 2004.
Direct spending and revenues
CBO estimates that several provisions in the bill would
increase direct spending or have an insignificant effect on
receipts.
Transfer of Defense Articles in the U.S. War Reserve
Stockpile for Allies (USWRSA). Section 1342 would extend for
five years the President's authority to transfer to Israel
obsolete or surplus defense articles in the USWRSA in Israel in
return for concessions to be negotiated by the Secretary of
Defense. The concessions may include cash, services, waiver of
charges otherwise payable by the United States, or other items
of value. Since articles may be transferred by sale under
current law, CBO estimates that the authority provided by the
section could be used to negotiate noncash concessions thereby
lowering offsetting receipts to the DoD.
According to DoD, much of the materiel in the USWRSA in
Israel was used in the recent Iraq conflict and the department
is conducting a new inventory to determine what stocks remain.
DoD also indicates that the existing authority has not been
used for Israel in the past, though similar authority has been
used for the stockpile in Korea. Given the current status of
the USWRSA in Israel, CBO estimates the authority would not be
used in 2004 and probably not in 2005. If the authority
provided in section 1342 were used to the same extent as that
for the stockpile in Korea, CBO estimates forgone receipts
would total between $5 million and $10 million a year over the
2006-2008 period.
Cost-Sharing for New Diplomatic Facilities. Section 227
would allow the Department of State, beginning in 2005, to
charge a fee to every federal agency that has a presence at any
U.S. diplomatic facility to help fund the construction of new
diplomatic facilities. The amount of the fee charged would be
determined by a formula that takes into account the number of
employees assigned to each diplomatic mission. Based on
information from OMB and the Department of State, CBO estimates
that construction of new diplomatic facilities could cost about
$1 billion a year over the next several years and that roughly
40 percent ofthese costs would be born by federal agencies
other than the Department of State. Because the collection and spending
of the fees would not be subject to the annual appropriation process,
this provision would affect direct spending. CBO estimates that
collections from the new fee would offset spending on construction, and
that this proposal would not significantly increase or decrease federal
spending as a whole, but would merely shift costs from the Department
of State to other federal agencies. Ultimately, all such federal costs
are and still would be subject to appropriation of the necessary
amounts. (That is, the only direct spending effects relate to the
intragovernmental transfers and their use by the Department of State.)
Colin Powell Center for American Diplomacy. Section 230
would authorize the Secretary to provide museum visitor and
educational outreach services at the center and to sell, trade,
or transfer documents and articles that are displayed at the
center. Any proceeds generated from these services or sales
would be retained and spent by the center. CBO estimates that
this provision would have an insignificant net effect on direct
spending.
Arms Export Controls. Provisions in titles XI and XII would
revise licensing requirements for the export of certain defense
articles and technology and would lower the standard and
increase fines for violations of export controls. CBO estimates
implementing the provisions would have an insignificant effect
on receipts and direct spending.
Intergovernmental and private-sector impact: H.R. 1950
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimates: On April 24, 2003, CBO transmitted
a cost estimate for S. 925, the Foreign Relations Authorization
Act, Fiscal Year 2004, as ordered reported by the Senate
Committee on Foreign Relations on April 9, 2003. Several
sections in Division A of H.R. 1950 are similar or identical to
sections of S. 925 and would have similar costs. (The Senate
bill would authorize appropriations only for 2004, whereas H.R.
1950 would authorize appropriations for 2004 and 2005).
On June 9, 2003, CBO transmitted an estimate for S. 1161,
the Foreign Assistance Authorization Act, Fiscal Year 2004, as
reported by the Senate Committee on Foreign Relations on May
29, 2003. Several sections in Division B of H.R. 1950 are
similar or identical to sections of S. 1161 and would have
similar costs; however, the Senate bill would provide a more
comprehensive authorization of appropriations for economic and
security assistance programs in 2004.
Estimate prepared by: Federal Costs: State Department--
Sunita D'Monte and Security Assistance and Foreign Aid--Joseph
C. Whitehill, Impact on State, Local, and Tribal Governments:
Victoria Heid Hall, and Impact on the Private Sector: Paige
Piper/Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
ADMIRAL JAMES W. NANCE AND MEG DONOVAN FOREIGN RELATIONS AUTHORIZATION
ACT, FISCAL YEARS 2000 AND 2001
* * * * * * *
TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES
* * * * * * *
SEC. 604. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated by this or any other
Act, there are authorized to be appropriated for ``Embassy
Security, Construction and Maintenance''--
(1) * * *
* * * * * * *
(4) for fiscal year 2003, $1,000,000,000; [and]
(5) for fiscal year 2004, [$900,000,000.]
$1,000,000,000; and
(6) for fiscal year 2005, $1,000,000,000.
* * * * * * *
TITLE VIII--MISCELLANEOUS PROVISIONS
Subtitle A--General Provisions
* * * * * * *
[SEC. 805. REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES CITIZENS
WERE KILLED AND RELATED MATTERS.
[(a) In General.--Not later than May 1, 2003, and not later
than May 1, 2004, the Secretary of State shall prepare and
submit a report, with a classified annex as necessary, to the
appropriate congressional committees regarding terrorist
attacks in Israel, in territory administered by Israel, and in
territory administered by the Palestinian Authority. The report
shall contain the following information:
[(1) A list of formal commitments the Palestinian
Authority has made to combat terrorism.
[(2) A list of terrorist attacks, occurring between
September 13, 1993 and the date of the report, against
United States citizens in Israel, in territory
administered by Israel, or in territory administered by
the Palestinian Authority, including--
[(A) a list of all citizens of the United
States killed or injured in such attacks;
[(B) the date of each attack and the total
number of people killed or injured in each
attack;
[(C) the person or group claiming
responsibility for the attack and where such
person or group has found refuge or support;
[(D) a list of suspects implicated in each
attack and the nationality of each suspect,
including information on--
[(i) which suspects are in the
custody of the Palestinian Authority
and which suspects are in the custody
of Israel;
[(ii) which suspects are still at
large in areas controlled by the
Palestinian Authority or Israel; and
[(iii) the whereabouts (or suspected
whereabouts) of suspects implicated in
each attack.
[(3) Of the suspects implicated in the attacks
described in paragraph (2) and detained by Palestinian
or Israeli authorities, information on--
[(A) the date each suspect was incarcerated;
[(B) whether any suspects have been released,
the date of such release, and whether any
released suspect was implicated in subsequent
acts of terrorism; and
[(C) the status of each case pending against
a suspect, including information on whether the
suspect has been indicted, prosecuted, or
convicted by the Palestinian Authority or
Israel.
[(4) The policy of the Department of State with
respect to offering rewards for information on
terrorist suspects, including any information on
whether a reward has been posted for suspects involved
in terrorist attacks listed in the report.
[(5) A list of each request by the United States for
assistance in investigating terrorist attacks listed in
the report, a list of each request by the United States
for the transfer of terrorist suspects from the
Palestinian Authority and Israel since September 13,
1993, and the response to each request from the
Palestinian Authority and Israel.
[(6) A description of efforts made by United States
officials since September 13, 1993 to bring to justice
perpetrators of terrorist acts against United States
citizens as listed in the report.
[(7) A list of any terrorist suspects in these cases
who are members of Palestinian police or security
forces, the Palestine Liberation Organization, or any
Palestinian governing body.
[(8) A list of all United States citizens killed or
injured in terrorist attacks in Israel or in territory
administered by Israel between 1950 and September 13,
1993, to include in each case, where such information
is reasonably available, any stated claim of
responsibility and the resolution or disposition of
each case, except that this list shall be submitted
only once with the initial report required under this
section unless additional relevant information on these
cases becomes available.
[(b) Consultation with Other Departments.--The Secretary of
State shall, in preparing the report required by this section,
consult and coordinate with all other Government officials who
have information necessary to complete the report. Nothing
contained in this section shall require the disclosure, on a
classified or unclassified basis, of information that would
jeopardize sensitive sources and methods or other vital
national security interests or jeopardize ongoing criminal
investigations or proceedings.
[(c) Initial Report.--Except as provided in subsection
(a)(8), the initial report filed under this section shall cover
the period between September 13, 1993 and the date of the
report.]
* * * * * * *
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SECTION 305 OF THE MICROENTERPRISE FOR SELF-RELIANCE AND INTERNATIONAL
ANTI-CORRUPTION ACT OF 2000
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated [$1,500,000]
$2,500,000 for each fiscal year to carry out this title.
* * * * * * *
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FOREIGN ASSISTANCE ACT OF 1961
PART I
Chapter 1--Policy; Development Assistance Authorizations
* * * * * * *
Sec. 116. Human Rights.--(a) * * *
* * * * * * *
(d) The Secretary of State shall transmit to the Speaker of
the House of Representatives and the Committee on Foreign
Relations of the Senate, by February 25 of each year, a full
and complete report regarding--
(1) * * *
* * * * * * *
(9) for each country with respect to which the report
indicates that extrajudicial killings, torture, or
other serious violations of human rights have occurred
in the country, the extent to which the United States
has taken or will take action to encourage an end to
such practices in the country; [and]
(10)(A) * * *
* * * * * * *
(C) such other information related to the use by such
government of individuals under the age of 18 as
soldiers, as determined to be appropriate by the
Secretary[.]; and
(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.
* * * * * * *
Chapter 3--International Organizations and Programs
Sec. 301. General Authority.--(a) * * *
(b)(1) For fiscal year 2004 and each subsequent fiscal year,
funds appropriated to the President or the Department of State
under any law for a voluntary contribution to the United
Nations Population Fund (UNFPA) may be obligated and expended
for such purpose beginning 30 days after such funds become
available and only if the President certifies to the Congress
that the United Nations Population Fund (UNFPA) does not
directly support or participate in coercive abortion or
involuntary sterilization. The certification authority of the
President under the preceding sentence may not be delegated.
(2) In paragraph (1), the term ``directly supports or
participates in coercive abortion or involuntary
sterilization'' means knowingly and intentionally working with
a purpose to continue, advance, or expand the practice of
coercive abortion or involuntary sterilization, or playing a
primary and essential role in a coercive or involuntary aspect
of a country's family planning program.
* * * * * * *
Chapter 5--Contingencies
* * * * * * *
Sec. 502B. Human Rights.--(a) * * *
(b) The Secretary of State shall transmit to the Congress, as
part of the presentation materials for security assistance
programs proposed for each fiscal year, a full and complete
report, prepared with the assistance of the Assistant Secretary
of State for Democracy, Human Rights, and Labor and with the
assistance of the Ambassador at Large for International
Religious Freedom, with respect to practices regarding the
observance of and respect for internationally recognized human
rights in each country proposed as a recipient of security
assistance. Wherever applicable, such report shall include
consolidated information regarding the commission of war
crimes, crimes against humanity, and evidence of acts that may
constitute genocide (as defined in article 2 of the Convention
on the Prevention and Punishment of the Crime of Genocide and
modified by the United States instrument of ratification to
that convention and section 2(a) of the Genocide Convention
Implementation Act of 1987). Wherever applicable, such report
shall include information on practices regarding coercion in
population control, including coerced abortion and involuntary
sterilization. Such report shall also include, wherever
applicable, information on violations of religious freedom,
including particularly severe violations of religious freedom
(as defined in section 3 of the International Religious Freedom
Act of 1998). Such report shall also include, for each country
with respect to which the report indicates that extrajudicial
killings, torture, or other serious violations of human rights
have occurred in the country, the extent to which the United
States has taken or will take action to encourage an end to
such practices in the country. Each report under this section
shall list the votes of each member of the United Nations
Commission on Human Rights on all country-specific and thematic
resolutions voted on at the Commission's annual session during
the period covered during the preceding year. Each report under
this section shall describe the extent to which each country
has extended protection to refugees, including the provision of
first asylum and resettlement. Each report under this section
shall also include (i) wherever applicable, a description of
the nature and extent of the compulsory recruitment and
conscription of individuals under the age of 18 by armed forces
of the government of the country, government-supported
paramilitaries, or other armed groups, the participation of
such individuals in such groups, and the nature and extent that
such individuals take a direct part in hostilities, (ii) what
steps, if any, taken by the government of the country to
eliminate such practices, and (iii) such other information
related to the use by such government of individuals under the
age of 18 as soldiers, as determined to be appropriate by the
Secretary of State. 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. In determining whether a government falls within
the provisions of subsection (a)(3) and in the preparation of
any report or statement required under this section,
consideration shall be given to--
(1) * * *
* * * * * * *
Sec. 514. Stockpiling of Defense Articles for Foreign
Countries.--(a) * * *
(b)(1) * * *
(2)(A) The value of such additions to stockpiles of defense
articles in foreign countries shall not exceed $100,000,000
[for fiscal year 2003] for each of fiscal years 2003 and 2004.
(B) Of the amount specified in subparagraph (A) [for fiscal
year 2003] for each of fiscal years 2003 and 2004, not more
than $100,000,000 may be made available for stockpiles in the
State of Israel.
* * * * * * *
SEC. 516. AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.
(a) * * *
* * * * * * *
(f) Advance Notification to Congress for Transfer of Certain
Excess Defense Articles.--
(1) In general.--The President may not transfer
excess defense articles that are [significant military
equipment (as defined in section 47(9) of the Arms
Export Control Act)] major defense equipment (as
defined in section 47(6) of the Arms Export Control
Act) or excess defense articles valued (in terms of
original acquisition cost) at $7,000,000 or more, under
this section or under the Arms Export Control Act (22
U.S.C. 2751 et seq.) until 30 days after the date on
which the President has provided notice of the proposed
transfer to the congressional committees specified in
section 634A(a) in accordance with procedures
applicable to reprogramming notifications under that
section.
* * * * * * *
SEC. [620G.] 620J. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID
TERRORIST STATES.
(a) * * *
* * * * * * *
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. 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.
* * * * * * *
SEC. 656. ANNUAL FOREIGN MILITARY TRAINING REPORT.
(a) Annual Report.--
(1) In general.--Not later than [January 31] March 1
of each year, the Secretary of Defense and the
Secretary of State shall jointly prepare and submit to
the appropriate congressional committees a report on
all military training provided to foreign military
personnel by the Department of Defense and the
Department of State during the previous fiscal year
[and all such training proposed for the current fiscal
year].
* * * * * * *
Sec. 660. Prohibiting Police Training.--(a) * * *
(b) Subsection (a) of this section shall not apply--
(1) * * *
* * * * * * *
(7) with respect to assistance provided to customs
authorities and personnel, including training,
technical assistance and equipment, for customs law
enforcement and the improvement of customs laws,
systems and procedures[.]; or
Notwithstanding clause (2), subsection (a) shall apply to any
renewal or extension of any contract referred to in such
paragraph entered into on or after such date of enactment.
(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.
* * * * * * *
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SECTION 404 OF THE ASIA FOUNDATION ACT
[funding
[Sec. 404. There is authorized to be appropriated to the
Secretary of State $15,000,000 for the fiscal year 2003 for
grants to The Asia Foundation pursuant to this title.]
Sec. 404. There is authorized to be appropriated to the
Secretary of State $18,000,000 for the fiscal year 2004 and
$18,000,000 for the fiscal year 2005 for grants to The Asia
Foundation pursuant to this title.
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STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956
* * * * * * *
TITLE I--BASIC AUTHORITIES GENERALLY
ORGANIZATION OF THE DEPARTMENT OF STATE
Section 1. (a) * * *
(b) Under Secretaries.--
(1) * * *
* * * * * * *
(3) Under secretary for public diplomacy.--There
shall be in the Department of State, among the Under
Secretaries authorized by paragraph (1), an Under
Secretary for Public Diplomacy, who shall have primary
responsibility to assist the Secretary and the Deputy
Secretary in the [formation and implementation of
United States public diplomacy policies and activities,
including international educational and cultural
exchange programs, information, and international
broadcasting.] formation, supervision, and
implementation of United States public diplomacy
policies, programs, and activities, including the
provision of guidance to Department personnel in the
United States and overseas who conduct or implement
such policies, programs, and activities. The Under
Secretary for Public Diplomacy shall assist the United
States Agency for International Broadcasting in
presenting the policies of the United States clearly
and effectively, shall submit statements of United
States policy and editorial material to the Agency for
broadcast consideration in addition to material
prepared by the Agency, and shall ensure that editorial
material created by the Agency for broadcast is
reviewed expeditiously by the Department.
* * * * * * *
Sec. 2. The Secretary of State, may use funds appropriated or
otherwise available to the Secretary to--
(a) * * *
* * * * * * *
administrative services
Sec. 23. (a) Agreements.--Whenever the head of any Federal
agency performing any foreign affairs functions (including, but
not limited to, the Department of State, the [Broadcasting
Board of Governors,] United States International Broadcasting
Agency, and the Agency for International Development)
determines that administrative services performed in common by
the Department of State and one or more other such agencies may
be performed more advantageously and more economically on a
consolidated basis, the Secretary of State and the heads of the
other agencies concerned may, subject to the approval of the
Director of the Office of Management and Budget, conclude an
agreement which provides for the transfer to and consolidation
within the Department or within one of the other agencies
concerned of so much of the functions, personnel, property,
records, and funds of the Department and of the other agencies
concerned as may be necessary to enable the performance of
those administrative services on a consolidated basis for the
benefit of all agencies concerned. Agreements for consolidation
of administrative services under this section shall provide for
reimbursement or advances of funds from the agency receiving
the service to the agency performing the service in amounts
which will approximate the expense of providing administrative
services for the serviced agency.
* * * * * * *
Sec. 25. (a) * * *
* * * * * * *
(f) The authorities available to the Secretary of State under
this section with respect to the Department of State shall be
available to the [Broadcasting Board of Governors] United
States International Broadcasting Agency and the Administrator
of the Agency for International Development with respect to
[the Board and the Agency] their respective agencies.
Sec. 26. (a) * * *
(b) The authority available to the Secretary of State under
this section shall be available to the [Broadcasting Board of
Governors,] United States International Broadcasting Agency and
the Administrator of the Agency for International Development
with respect to [the Board and the Agency] their respective
agencies.
* * * * * * *
Sec. 32. The Secretary of State may pay, without regard to
section 5702 of title 5, United States Code, subsistence
expenses of (1) special agents of the Department of State who
are on authorized protective missions, and (2) members of the
Foreign Service and employees of the Department who are
required to spend extraordinary amounts of time in travel
status. The authorities available to the Secretary of State
under this section with respect to the Department of State
shall be available to the [Broadcasting Board of Governors]
United States International Broadcasting Agency and the
Administrator of the Agency for International Development with
respect to their respective agencies, except that the authority
of clause (2) shall be available with respect to those agencies
only in the case of members of the Foreign Service and
employees of the agency who are performing security-related
functions abroad.
* * * * * * *
special agents
Sec. 37. (a) * * *
* * * * * * *
(d) Administrative Subpoenas.--
(1) In general.--If the Secretary determines that
there is an imminent threat against a person, foreign
mission, or international organization protected under
the authority of subsection (a)(3), the Secretary may
issue in writing, and cause to be served, a subpoena
requiring--
(A) the production of any records or other
items relevant to the threat; and
(B) testimony by the custodian of the items
required to be produced concerning the
production and authenticity of those items.
(2) Requirements.--
(A) Return date.--A subpoena under this
subsection shall describe the items required to
be produced and shall specify a return date
within a reasonable period of time within which
the requested items may be assembled and made
available. The return date specified may not be
less than 24 hours after service of the
subpoena.
(B) Notification to attorney general.--As
soon as practicable following the issuance of a
subpoena under this subsection, the Secretary
shall notify the Attorney General of its
issuance.
(C) Other requirements.--The following
provisions of section 3486 of title 18, United
States Code, shall apply to the exercise of the
authority of paragraph (1):
(i) Paragraphs (4) through (8) of
subsection (a).
(ii) Subsections (b), (c), and (d).
(3) Delegation of authority.--The authority under
this subsection may be delegated only to the Deputy
Secretary of State.
(4) Annual report.--Not later than February 1 of each
year, the Secretary shall submit to the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives
a report regarding the exercise of the authority under
this subsection during the previous calendar year.
* * * * * * *
SEC. 59. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE.
(a) In General.--The Secretary of State shall make public
diplomacy an integral component in the planning and execution
of United States foreign policy. The Department of State, in
coordination with the United States International Broadcasting
Agency, shall develop a comprehensive strategy for the use of
public diplomacy resources and assume a prominent role in
coordinating the efforts of all Federal agencies involved in
public diplomacy. Public diplomacy efforts shall be addressed
to developed and developing countries, to select and general
audiences, and shall utilize all available media to ensure that
the foreign policy of the United States is properly explained
and understood not only by the governments of countries but
also by their peoples, with the objective of enhancing support
for United States foreign policy. The Secretary shall ensure
that the public diplomacy strategy of the United States is
cohesive and coherent and shall aggressively and through the
most effective mechanisms counter misinformation and propaganda
concerning the United States. The Secretary shall endeavor to
articulate the importance in American foreign policy of the
guiding principles and doctrines of the United States,
particularly freedom and democracy. The Secretary, in
coordination with the Board of Governors of the United States
International Broadcasting Agency, shall develop and articulate
long-term measurable objectives for United States public
diplomacy. The Secretary is authorized to produce and
distribute public diplomacy programming for distribution abroad
in order to achieve public diplomacy objectives, including
through satellite communication, the Internet, and other
established and emerging communications technologies.
(b) Information Concerning United States Assistance.--
(1) Identification of assistance.--In cooperation
with the United States Agency for International
Development (USAID) and other public and private
assistance organizations and agencies, the Secretary
shall ensure that information concerning foreign
assistance provided by the United States Government,
United States nongovernmental organizations and private
entities, and the American people is disseminated
widely and prominently, particularly, to the extent
practicable, within countries and regions that receive
such assistance. The Secretary shall ensure that, to
the extent practicable, projects funded by the United
States Agency for International Development (USAID)
that do not involve commodities, including projects
implemented by private voluntary organizations, are
identified as being supported by the United States of
America, as American Aid or provided by the American
people.
(2) Report to congress.--Not later than 120 days
after the end of each fiscal year, the Secretary shall
submit a report to the Committee on International
Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate on efforts
to disseminate information concerning assistance
described in paragraph (1) during the preceding fiscal
year. Each such report shall include specific
information concerning all instances in which the
United States Agency for International Development has
not identified projects in the manner prescribed in
paragraph (1) because such identification was not
practicable. Any such report shall be submitted in
unclassified form, but may include a classified
appendix.
(c) Authority.-- Subject to the availability of
appropriations, the Secretary may contract with and compensate
government and private agencies or persons for property and
services to carry out this section.
SEC. 60. COLIN POWELL CENTER FOR AMERICAN DIPLOMACY.
(a) Designation.--The diplomacy center of the Department of
State, located in the Harry S Truman building, is hereby
designated as the ``Colin Powell Center for American
Diplomacy'' (hereinafter in this section referred to as the
``Center'').
(b) Activities.--
(1) Support authorized.--The Secretary of State is
authorized to provide by contract, grant, or otherwise,
for the performance of appropriate museum visitor and
educational outreach services, including organizing
conference activities, museum shop services, and food
services, in the public exhibit and related space
utilized by the Center.
(2) Payment of expenses.--The Secretary may pay all
reasonable expenses of conference activities conducted
by the Center, including refreshments and reimbursement
of travel expenses incurred by participants.
(3) Recovery of costs.--Any revenues generated under
the authority of paragraph (1) for visitor services may
be retained, as a recovery of the costs of operating
the Center, and credited to any Department of State
appropriation.
(c) Disposition of Center Artifacts and Materials.--
(1) Property of secretary.--All historic documents,
artifacts, or other articles permanently acquired by
the Department of State and determined by the Secretary
to be suitable for display in the Center shall be
considered to be the property of the Secretary in the
Secretary's official capacity and shall be subject to
disposition solely in accordance with this subsection.
(2) Sale or trade.--Whenever the Secretary makes the
determination under paragraph (3) with respect to an
item, the Secretary may sell at fair market value,
trade, or transfer the item, without regard to the
requirements of subtitle I of title 40, United States
Code. The proceeds of any such sale may be used solely
for the advancement of the Center's mission and may not
be used for any purpose other than the acquisition and
direct care of collections.
(3) Determinations prior to sale or trade.--The
determination referred to in paragraph (2), with
respect to an item, is a determination that--
(A) the item no longer serves to further the
purposes of the Center established in the
collections management policy of the Center; or
(B) in order to maintain the standards of the
collections of the Center, the sale or exchange
of the item would be a better use of the item.
(4) Loans.--The Secretary may also lend items covered
by paragraph (1), when not needed for use or display in
the Center, to the Smithsonian Institution or a similar
institution for repair, study, or exhibition.
* * * * * * *
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UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948
* * * * * * *
TITLE V--DISSEMINATING INFORMATION ABOUT THE UNITED STATES ABROAD
* * * * * * *
usia satellite and television
Sec. 505. (a) In General.--The [Broadcasting Board of
Governors] United States International Broadcasting Agency is
authorized to lease or otherwise acquire time on commercial or
United States Government satellites for the purpose of
transmitting materials and programs to posts and other users
abroad.
(b) Broadcast Principles.--The Congress finds that the long-
term interests of the United States are served by communicating
directly with the peoples of the world by television. To be
effective, the [Broadcasting Board of Governors] United States
International Broadcasting Agency must win the attention and
respect of viewers. These principles will therefore govern the
television broadcasts of the United States International
Television Service:
(1) * * *
* * * * * * *
(c) Programs.--The [Broadcasting Board of Governors] United
States International Broadcasting Agency is authorized to
produce, acquire, or broadcast television programs, via
satellite, only if such programs--
(1) * * *
* * * * * * *
(d) Costs.--When a comparable program produced by United
States public or commercial broadcasters and producers is
available at a cost which is equal to or less than the cost of
production by the United States International Television
Service, the [Broadcasting Board of Governors] United States
International Broadcasting Agency shall use such materials in
preference to the United States International Television
Service produced materials.
(e) Allocation of Funds.--(1) Of the funds authorized to be
appropriated to the [Broadcasting Board of Governors] United
States International Broadcasting Agency not more than
$12,000,000 for the fiscal year 1990 and not more than
$12,480,000 for the fiscal year 1991 may be obligated or
expended for the United States International Television
Service.
(2) The [Broadcasting Board of Governors] United States
International Broadcasting Agency shall prepare and submit to
the Congress quarterly reports which contain a detailed
explanation of expenditures for USIA-TV during the fiscal years
1990 and 1991. Such reports shall contain specific
justification and supporting information pertaining to all
programs, particularly those described in subsection (c)(4),
that were produced in-house by USIA-TV. Each such report shall
include a statement by the [Broadcasting Board of Governors]
United States International Broadcasting Agency that, according
to the best information available to the [Broadcasting Board of
Governors] United States International Broadcasting Agency, no
comparable United States commercially-produced or public
television program is available at a cost which is equal to or
less than the cost of production by USIA-TV.
(3) Of the funds authorized to be appropriated to the
[Broadcasting Board of Governors] United States International
Broadcasting Agency, $1,500,000 for the fiscal year 1990 and
$1,500,000 for the fiscal year 1991 shall be available only for
the purchase or use of programs produced with grants from the
Corporation for Public Broadcasting or produced by United
States public broadcasters.
voice of america hiring practices
Sec. 506. (a) * * *
* * * * * * *
(c) Report.--If the [Broadcasting Board of Governors] United
States International Broadcasting Agency determines that the
prohibition under subsection (a) would require the termination
of a specific Voice of America foreign language service, then,
not less than 90 days before the Board begins to recruit such
candidates, the Board shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives a report concerning--
(1) the number and location of speakers of the
applicable foreign language who could be recruited by
the Voice of America without violating this section;
and
(2) the efforts made by the Voice of America to
recruit such individuals for employment.
TITLE VI--ADVISORY COMMISSIONS TO FORMULATE POLICIES
* * * * * * *
SEC. 604. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
(a) Establishment.--[(1) There is established an advisory
commission to be known as the United States Advisory Commission
on Public Diplomacy.]
(1) There is established an advisory commission to be
known as the United States Advisory Commission on
Public Diplomacy and International Media.
(2) The Commission shall consist of seven members
appointed by the President, by and with the advice and
consent of the Senate. The members of the Commission
shall represent the public interest and shall be
selected from a cross section of educational,
communications, cultural, scientific, technical, public
service, labor, business, and professional backgrounds.
Not more than four members shall be from any one
political party. At least 4 members shall have
substantial experience in the conduct of public
diplomacy or comparable activities in the private
sector. At least 1 member shall be an American residing
abroad. No member may be an officer or employee of the
United States.
* * * * * * *
(c) Duties and Responsibilities.--(1) * * *
[(2) The Commission shall submit to the Congress, the
President, the Secretary of State, and the Director of the
United States Information Agency annual reports on programs and
activities carried out by the Agency, including appraisals,
where feasible, as to the effectiveness of the several
programs. The Commission shall also include in such reports
such recommendations as shall have been made by the Commission
to the Director for effectuating the purposes of the Agency,
and the action taken to carry out such recommendations.]
(2)(A) Not less often than every two years, the Commission
shall undertake an in-depth review of United States public
diplomacy programs, policies, and activities. Each study shall
assess the effectiveness of the various mechanisms of United
States public diplomacy, in light of factors including public
and media attitudes around the world toward the United States,
Americans, United States foreign policy, and the role of the
American private-sector community abroad, and make appropriate
recommendations.
(B) A comprehensive report of each study under subparagraph
(A) shall be submitted to the Secretary of State and the
appropriate congressional committees. At the discretion of the
Commission, any report under this subsection may be submitted
in classified or unclassified form, as appropriate.
* * * * * * *
(5) The Commission shall--
(A) advise the Coordinator for International
Free Media on issues relating to the promotion
of international press freedoms and free media;
(B) assist the Coordinator for International
Free Media in monitoring and assessing the
status of free media worldwide;
(C) consult with the Coordinator on the
administration of the International Free Media
Fund; and
(D) make policy recommendations to the
President, the Secretary of State, and Congress
with respect to matters involving international
press freedoms and free media.
* * * * * * *
----------
ACT OF JULY 3, 1926
Chap. 772.--AN ACT To regulate the issue and validity of passports, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
Secretary of State may grant and issue passports, and cause
passports to be granted, issued, and verified in foreign
countries by diplomatic and consular officers of the United
States, and by such other employees of the Department of State
who are citizens of the United States, as the Secretary of
State may designate, and by the chief or other executive
officer of the insular possessions of the United States, under
such rules as the President shall designate and prescribe for
and on behalf of the United States, and no other person shall
grant, issue, or verify such passports. For purposes of the
issuance of a passport of a United States citizen born in the
city of Jerusalem, the Secretary shall, upon the request of the
citizen or the citizen's legal guardian, record the place of
birth as Israel. Unless authorized by law, a passport may not
be designated as restricted for travel to or for use in any
country other than a country with which the United States is at
war, where armed hostilities are in progress, or where there is
imminent danger to the public health or the physical safety of
United States [travelers.] travelers, and no such restriction
may apply to a country in which the United States is providing
assistance authorized by the Foreign Assistance Act of 1961.
* * * * * * *
----------
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1988 AND 1989
* * * * * * *
TITLE I--THE DEPARTMENT OF STATE
* * * * * * *
PART B--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES; FOREIGN
MISSIONS
* * * * * * *
SEC. 140. ANNUAL COUNTRY REPORTS ON TERRORISM.
(a) * * *
(b) Provisions To Be Included in Report.--The report required
under subsection (a) should to the extent feasible include (but
not be limited to)--
(1) * * *
(2) with respect to subsection (a)(2), any--
(A) * * *
* * * * * * *
(D) provision by foreign governments of
sanctuary from prosecution to these groups or
their members responsible for the commission,
attempt, or planning of an act of international
terrorism; [and]
(E) efforts by the United States to eliminate
international financial support provided to
those groups directly or provided in support of
their activities[.]; and
(F) for the reports due through May 1, 2005,
information concerning terrorist attacks in
Israel, territory administered by Israel, and
territory administered by the Palestinian
Authority, including--
(i) a list of all citizens of the
United States killed or injured in such
attacks during the previous year;
(ii) the date of each attack and the
total number of people killed or
injured in each attack;
(iii) the person or group claiming
responsibility for the attack and where
such person or group has found refuge
or support;
(iv) to the extent possible, a list
of suspects implicated in each attack
and the nationality of each suspect,
including information on their
whereabouts (or suspected whereabouts);
(v) a list of any terrorist suspects
in these cases who are members of
Palestinian police or security forces,
the Palestine Liberation Organization,
or any Palestinian governing body;
(vi) the status of each case pending
against a suspect, including
information on whether the suspect has
been arrested, detained, indicted,
prosecuted, or convicted by the
Palestinian Authority or Israel, and if
detained and then released, the date of
such release, and whether any released
suspect was implicated in subsequent
acts of terrorism;
(vii) available information on
convictions, releases or changes in the
situation of suspects involved in
attacks committed prior to December 31,
2003, and not covered in previous
reports submitted under section 805(a)
of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001; and
(viii) the policy of the Department
of State with respect to offering
rewards for information on terrorist
suspects, including any information on
whether a reward has been posted for
suspects involved in terrorist attacks
listed in the report.
* * * * * * *
PART D--PERSONNEL MATTERS
* * * * * * *
SEC. 172. PROTECTION OF CIVIL SERVICE EMPLOYEES.
(a) * * *
* * * * * * *
[(c) Establishment of the Office of the Ombudsman for Civil
Service Employees.--There is established in the Office of the
Secretary of State the position of Ombudsman for Civil Service
Employees. The position of Ombudsman for Civil Service
Employees shall be a career reserved position within the Senior
Executive Service. The Ombudsman for Civil Service Employees
shall report directly to the Secretary of State and shall have
the right to participate in all Management Council meetings to
assure that the ability of the Civil Service employees to
contribute to the achievement of the Department's mandated
responsibilities and the career interests of those employees
are adequately represented. The position of Ombudsman for Civil
Service Employees shall be designated from one of the Senior
Executive Service positions (as defined in section 3132(a)(2)
of title 5, United States Code) in existence on the date of
enactment of this Act.]
[(d)] (c) Definition.--For purposes of this section, the term
``Civil Service employees'' means employees of the Federal
Government except for members of the Foreign Service (as
defined in section 103 of the Foreign Service Act of 1980).
* * * * * * *
----------
SECTION 2642 OF TITLE 10, UNITED STATES CODE
Sec. 2642. Reimbursement rate for airlift services provided to Central
Intelligence Agency and Department of State
(a) Authority.--The Secretary of Defense may authorize the
use of the Department of Defense reimbursement rate for
military airlift services provided by a component of the
Department of Defense to the Central Intelligence [Agency,]
Agency or the Department of State, if the Secretary of Defense
determines that those military airlift services are provided
for activities related to national security objectives.
* * * * * * *
----------
FOREIGN SERVICE BUILDINGS ACT, 1926
Chap. 250.--AN ACT For the acquisition of buildings and grounds in
foreign countries for the use of the Government of the United States of
America.
Be it enacted by the Senate the House of Representatives of
the United States of America in Congress assembled, That (1) *
* *
* * * * * * *
(c) Security Capital Cost-Sharing Program.--(1) The Secretary
of State, as the single manager of all buildings and grounds
acquired under this Act or otherwise acquired or authorized for
the use of the diplomatic and consular establishments in
foreign countries, is authorized to establish and implement a
Security Capital Cost-Sharing Program to collect funds from
each agency on the basis of its total overseas presence in a
manner that encourages rightsizing of its overseas presence,
and expend those funds to accelerate the provision of safe,
secure, functional buildings for United States Government
personnel overseas.
(2) The Secretary is authorized to determine annually and
charge each Federal agency the amount to be collected under
paragraph (1) from the agency. To determine such amount, the
Secretary may prescribe and use a formula that takes into
account the number of authorized positions of each agency,
including contractors and locally hired personnel, who are
assigned to United States diplomatic facilities and are under
the authority of a chief of mission pursuant to section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927).
(3) The head of an agency charged a fee under this section
shall remit the amount of the fee to the Secretary of State
through the Intra-Governmental Payment and Collection System or
other appropriate means.
(4) There shall be established on the books of the Treasury
an account to be known as the ``Security Capital Cost-Sharing
Program Fund'', which shall be administered by the Secretary.
There shall be deposited into the account all amounts collected
by the Secretary pursuant to the authority under paragraph (1),
and such funds shall remain available until expended. Such
funds shall be used solely for the provision of new safe,
secure, functional diplomatic facilities that comply with all
applicable legal standards, including those standards
established under the authority of the Secure Embassy
Construction and Counterterrorism Act of 1999. The Secretary
shall include in the Department of State's Congressional
Presentation Document an accounting of the sources and uses of
the amounts deposited into the account.
(5) The Secretary shall not collect a fee for an authorized
position of an agency of the Federal Government that has been
or would be granted a waiver pursuant to section
606(a)(2)(B)(i) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(2)(B)(i)).
(6) In this subsection--
(A) the term ``agency of the Federal Government''--
(i) includes the Interagency Cooperative
Administrative Support Service; and
(ii) does not include the Marine Security
Guard; and
(B) the term ``United States diplomatic facility''
has the meaning given that term in section 603 of the
Secure Embassy Construction and Counterterrorism Act of
1999 (22 U.S.C. 4865 note).
* * * * * * *
----------
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1994 AND 1995
* * * * * * *
TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES
* * * * * * *
PART B--AUTHORITIES AND ACTIVITIES
* * * * * * *
SEC. 140. VISAS.
(a) Surcharge for Processing Certain Visas.--Authority in
this section delegated to the Secretary of State is further
delegated to the Under Sehe fiscal years 2004 and 2005, any
amount that exceeds $700,000,000 may be made available only if
a notification is submitted to Congress in accordance with the
procedures applicable to reprogramming notifications under
section 34 of the State Department Basic Authorities Act of
1956.
* * * * * * *
TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
* * * * * * *
PART B--USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES
* * * * * * *
SEC. 237. SCHOLARSHIPS FOR EAST TIMORESE STUDENTS.
Notwithstanding any other provision of law, the Bureau of
Educational and Cultural Affairs of the United States
Information Agency shall make available for each of the fiscal
years 1994 and 1995, scholarships for East Timorese students
qualified to study in the United States for the purpose of
studying at the graduate or undergraduate level in a United
States college or university. Each scholarship made available
under this subsection shall be for not less than one semester
of study.
* * * * * * *
TITLE IV--INTERNATIONAL ORGANIZATIONS
PART A--UNITED NATIONS REFORM AND PEACEKEEPING OPERATIONS
* * * * * * *
SEC. 404. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEPING
OPERATIONS.
(a) * * *
(b) Limitation on United States Contributions.--
(1) * * *
(2) Subsequent fiscal years.--(A) * * *
(B) Reduction in united states share of
assessed contributions.--Notwithstanding the
percentage limitation contained in subparagraph
(A), the United States share of assessed
contributions for each United Nations
peacekeeping operation during the following
periods is authorized to be as follows:
(i) * * *
* * * * * * *
(v) For assessments made during
calendar year 2005 and calendar year
2006, 27.10 percent.
* * * * * * *
----------
FOREIGN SERVICE ACT OF 1980
* * * * * * *
TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES
* * * * * * *
Chapter 2--Management of the Service
* * * * * * *
Sec. 202. Other Agencies Utilizing the Foreign Service
Personnel System.--(a)(1) The [Broadcasting Board of Governors]
United States International Broadcasting Agency and the
Administrator of the Agency for International Development may
utilize the Foreign Service personnel system with respect to
their respective agencies in accordance with this Act.
* * * * * * *
Sec. 210. Board of the Foreign Service.--The President shall
establish a Board of the Foreign Service to advise the
Secretary of State on matters relating to the Service,
including furtherance of the objectives of maximum
compatibility among agencies authorized by law to utilize the
Foreign Service personnel system and compatibility between the
Foreign Service personnel system and the other personnel
systems of the Government. The Board of the Foreign Service
shall be chaired by an individual appointed by the President
and shall include one or more representatives of the Department
of State, the [Broadcasting Board of Governors] United States
International Broadcasting Agency, the Agency for International
Development, the Department of Agriculture, the Department of
Commerce, the Department of Labor, the Office of Personnel
Management, the Office of Management and Budget, the Equal
Employment Opportunity Commission, and such other agencies as
the President may designate.
* * * * * * *
Chapter 3--Appointments
* * * * * * *
Sec. 305. Appointment to the Senior Foreign Service.--(a) * *
*
* * * * * * *
[(d) The Secretary shall by regulation establish a
recertification process for members of the Senior Foreign
Service that is equivalent to the recertification process for
the Senior Executive Service under section 3993a of title 5,
United States Code.]
* * * * * * *
Chapter 4--Compensation
* * * * * * *
Sec. 406. Within-Class Salary Increases.--(a) * * *
(b) The Secretary may grant, on the basis of especially
meritorious service, to any member of the Service [receiving an
increase in salary under subsection (a),] an additional salary
increase to any higher step in the salary class in which the
member is serving.
* * * * * * *
Chapter 6--Promotion and Retention
* * * * * * *
Sec. 603. Basis for Selection Board Review.--(a) * * *
(b) Precepts for selection boards shall include a description
of the needs of the Service for performance requirements,
skills, and qualities, which are to be considered in
recommendations for promotion. The precepts for selection
boards responsible for recommending promotions into and within
the Senior Foreign Service shall emphasize performance which
demonstrates the strong policy formulation capabilities,
executive leadership qualities, and highly developed functional
and area expertise, which are required for the Senior Foreign
Service[.], and shall consider whether the member of the
Service has served in a position whose primary responsibility
is to formulate policy towards or represent the United States
at an international organization, a multilateral institution,
or a broad-based multilateral negotiation of an international
instrument.
* * * * * * *
Chapter 7--Career Development, Training, and Orientation
* * * * * * *
SEC. 708. TRAINING FOR FOREIGN SERVICE OFFICERS.
[(a) The] (a) Training on Human Rights.--The Secretary of
State, with the assistance of other relevant officials, such as
the Ambassador at Large for International Religious Freedom
appointed under section 101(b) of the International Religious
Freedom Act of 1998 and the director of the George P. Shultz
National Foreign Affairs Training Center, shall establish as
part of the standard training provided after January 1, 1999,
for officers of the Service, including chiefs of mission,
instruction in the field of internationally recognized human
rights. Such training shall include--
(1) * * *
* * * * * * *
[(b) The] (b) Training on Refugee Law and Religious
Persecution.--The Secretary of State shall provide sessions on
refugee law and adjudications and on religious persecution to
each individual seeking a commission as a United States
consular officer. The Secretary shall also ensure that any
member of the Service who is assigned to a position that may be
called upon to assess requests for consideration for refugee
admissions, including any consular officer, has completed
training on refugee law and refugee adjudications in addition
to the training required in this section.
(c) Training in Multilateral Diplomacy.--
(1) In general.--The Secretary shall establish a
series of training courses for officers of the Service,
including appropriate chiefs of mission, on the conduct
of diplomacy at international organizations and other
multilateral institutions and at broad-based
multilateral negotiations of international instruments.
(2) Particular programs.--The Secretary shall ensure
that the training described in paragraph (1) is
provided at various stages of the career of members of
the Service. In particular, the Secretary shall ensure
that after January 1, 2004--
(A) officers of the Service receive training
on the conduct of diplomacy at international
organizations and other multilateral
institutions and at broad-based multilateral
negotiations of international instruments as
part of their training upon entry of the
Service; and
(B) officers of the Service, including chiefs
of mission, who are assigned to United States
missions representing the United States to
international organizations and other
multilateral institutions or who are assigned
in Washington, D.C. to positions that have as
their primary responsibility formulation of
policy towards such organizations and
institutions or towards participation in broad-
based multilateral negotiations of
international instruments receive specialized
training in the areas described in paragraph
(1) prior to beginning of service for such
assignment or, if receiving such training at
that time is not practical, within the first
year of beginning such assignment.
* * * * * * *
Chapter 9--Travel, Leave, and Other Benefits
Sec. 901. Travel and Related Expenses.--The Secretary may pay
the travel and related expenses of members of the Service and
their families, including costs or expenses incurred for--
(1) * * *
* * * * * * *
(6) rest and recuperation travel of members of the
Service who are United States citizens, and members of
their families, while serving at locations abroad
specifically designated by the Secretary for purposes
of this paragraph, to--
(A) * * *
* * * * * * *
except that, unless the Secretary otherwise specifies
in extraordinary circumstances, travel expenses under
this paragraph shall be limited to the cost for a
member of the Service, and for each member of the
family of the member, of 1 round trip during any
continuous 2-year tour [unbroken by home leave] and of
2 round trips during any continuous 3-year tour
[unbroken by home leave];
* * * * * * *
Sec. 903. Required Leave in the United States.--(a) The
Secretary may order a member of the Service (other than a
member employed under section 311) who is a citizen of the
United States to take a leave of absence under section 6305 of
title 5, United States Code (without regard to the introductory
clause of subsection (a) of that section), upon completion by
that member of [18] 12 months of continuous service abroad. The
Secretary shall order on such a leave of absence a member of
the Service (other than a member employed under section 311)
who is a citizen of the United States as soon as possible after
completion by that member of 3 years of continuous service
abroad.
* * * * * * *
Chapter 10--Labor-Management Relations
* * * * * * *
Sec. 1003. Application.--(a) This chapter applies only with
respect to the Department of State, the [Broadcasting Board of
Governors] United States International Broadcasting Agency, the
Agency for International Development, the Department of
Agriculture, and the Department of Commerce.
* * * * * * *
Chapter 11--Grievances
Sec. 1101. Definition of Grievance.--(a) * * *
* * * * * * *
(c) This chapter applies only with respect to the Department
of State, [Broadcasting Board of Governors,] the United States
International Broadcasting Agency, the Agency for International
Development, the Department of Agriculture, and the Department
of Commerce.
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart D--Pay and Allowances
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
* * * * * * *
Sec. 5314. Positions at level III
Level III of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Solicitor General of the United States.
Under Secretary of Commerce, Under Secretary of
Commerce for Economic Affairs, [Under Secretary of
Commerce for Export Administration] Under Secretary of
Commerce for Industry and Security and Under Secretary
of Commerce for Travel and Tourism.
* * * * * * *
Director, United States International Broadcasting
Agency.
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Administrator of General Services.
Associate Administrator of the National Aeronautics
and Space Administration.
* * * * * * *
[Director of the International Broadcasting Bureau.]
* * * * * * *
CHAPTER 59--ALLOWANCES
* * * * * * *
SUBCHAPTER III--OVERSEAS DIFFERENTIALS AND ALLOWANCES
* * * * * * *
Sec. 5925. Post differentials
(a) A post differential may be granted on the basis of
conditions of environment which differ substantially from
conditions of environment in the continental United States and
warrant additional pay as a recruitment and retention
incentive. A post differential may be granted to an employee
officially stationed in the United States who is on extended
detail in a foreign area. A post differential under this
subsection may not exceed [25] 35 percent of the rate of basic
pay.
* * * * * * *
Sec. 5928. Danger pay allowance
An employee serving in a foreign area may be granted a danger
pay allowance on the basis of civil insurrection, civil war,
terrorism, or wartime conditions which threaten physical harm
or imminent danger to the health or well-being of the employee.
A danger pay allowance may not exceed [25] 35 percent of the
basic pay of the employee, except that if an employee is
granted an additional differential under section 5925(b) of
this title with respect to an assignment, the sum of that
additional differential and any danger pay allowance granted to
the employee with respect to that assignment may not exceed
[25] 35 percent of the basic pay of the employee. The presence
of nonessential personnel or dependents shall not preclude
payment of an allowance under this section. In each instance
where an allowance under this section is initiated or
terminated, the Secretary of State shall inform the Speaker of
the House of Representatives and the Committee on Foreign
Relations of the Senate of the action taken and the
circumstances justifying it.
* * * * * * *
Subpart G--Insurance and Annuities
* * * * * * *
CHAPTER 83--RETIREMENT
* * * * * * *
SUBCHAPTER III--CIVIL SERVICE RETIREMENT
* * * * * * *
Sec. 8332. Creditable service
(a) * * *
(b) The service of an employee shall be credited from the
date of original employment to the date of separation on which
title to annuity is based in the civilian service of the
Government. Except as provided in paragraph (13) of this
subsection, credit may not be allowed for a period of
separation from the service in excess of 3 calendar days. The
service includes--
(1) * * *
* * * * * * *
(11) subject to sections 8334(c) and 8339(i) of this
title, service in any capacity of at least 130 days (or
its equivalent) per calendar year performed after July
1, 1946, for the National Committee for a Free Europe;
Free Europe Committee, Incorporated; Free Europe,
Incorporated; Radio Liberation Committee; Radio Liberty
Committee; subdivisions of any of those organizations;
Radio Free Europe/Radio Liberty, Incorporated; Radio
Free Asia; the Asia Foundation; Mideast Radio and
Television Network, Inc.; or the Armed Forces Network,
Europe (AFN-E), but only if such service is not
credited for benefits under any other retirement system
which is established for such entities and funded in
whole or in part by the Government and only if the
individual later becomes subject to this subchapter;
* * * * * * *
----------
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 2003
* * * * * * *
DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR 2003
* * * * * * *
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
* * * * * * *
Subtitle A--Department of State
* * * * * * *
SEC. 112. UNITED STATES EDUCATIONAL, CULTURAL, AND PUBLIC DIPLOMACY
PROGRAMS.
The following amounts are authorized to be appropriated for
the Department to carry out public diplomacy programs of the
Department under the United States Information and Educational
Exchange Act of 1948, the Mutual Educational and Cultural
Exchange Act of 1961, Reorganization Plan Number 2 of 1977, the
Foreign Affairs Reform and Restructuring Act of 1998, the
Center for Cultural and Technical Interchange Between East and
West Act of 1960, the Dante B. Fascell North-South Center Act
of 1991, and the National Endowment for Democracy Act, and to
carry out other authorities in law consistent with such
purposes:
(1) * * *
* * * * * * *
(3) Center for cultural and technical interchange
between east and west.--For the ``Center for Cultural
and Technical Interchange between East and West'',
[$15,000,000] $18,000,000 for the fiscal year 2003.
* * * * * * *
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
* * * * * * *
Subtitle B--Personnel Matters
* * * * * * *
SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE PERFORMED
ABROAD.
(a) * * *
* * * * * * *
(f) Implementation.--The Office of Personnel Management, in
consultation with the Secretary, shall prescribe such
[regulations] regulations, not later than 60 days after the
date of the enactment of the Foreign Relations Authorization
Act, Fiscal Years 2004 and 2005, and take such action as may be
necessary and appropriate to implement this section.
* * * * * * *
SEC. 324. REPORT CONCERNING MINORITY EMPLOYMENT.
On April 1, 2003, [and April 1, 2004] April 1, 2004, and
April 1, 2005, the Secretary shall submit a comprehensive
report to Congress, with respect to the preceding calendar
year, concerning the employment of members of minority groups
at the Department, including the Civil Service and the Foreign
Service. The report shall include the following data (reported
in terms of real numbers and percentages and not as ratios):
(1) * * *
* * * * * * *
SEC. 325. USE OF FUNDS AUTHORIZED FOR MINORITY RECRUITMENT.
(a) * * *
* * * * * * *
(c) Evaluation of Recruitment Efforts.--The Secretary shall
establish a database relating to efforts to recruit members of
minority groups into the Foreign Service and the Civil Service
and shall report to the appropriate congressional committees on
the evaluation of efforts to recruit such individuals,
including an analysis of the information collected in the
database created under this subsection. Such report shall be
included in each of the [two] three reports required under
section 324.
* * * * * * *
TITLE VI--MISCELLANEOUS PROVISIONS
* * * * * * *
Subtitle C--East Timor Transition to Independence Act of 2002
* * * * * * *
SEC. 632. BILATERAL ASSISTANCE.
(a) * * *
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the President to carry out this section
$25,000,000 for [the fiscal year 2003] each of the
fiscal years 2003, 2004, and 2005.
* * * * * * *
Subtitle G--Other Matters
* * * * * * *
SEC. 690. SENSE OF CONGRESS RELATING TO MAGEN DAVID ADOM SOCIETY.
(a) Findings.--Congress finds the following:
(1) * * *
* * * * * * *
(5) Since the founding of the Magen David Adom in
1930, the American Red Cross has regarded it as a
sister national society forging close working ties
between the two societies and has consistently
advocated recognition and membership of the Magen David
Adom in the International Red Cross and Red Crescent
Movement.
(6) The American Red Cross and Magen David Adom
signed an important memorandum of understanding in
November 2002, outlining areas for strategic
collaboration, and the American Red Cross will
encourage other societies to establish similar
agreements with Magen David Adom.
(b) Sense of Congress.--It is the sense of Congress that--
(1) * * *
* * * * * * *
(3) the Red Shield of David should be accorded the
same protections under international law as the Red
Cross and the Red Crescent; [and]
(4) the High Contracting Parties to the Geneva
Conventions of August 12, 1949, should adopt the
October 12, 2000, draft additional protocol which would
accord international recognition to an additional
distinctive emblem; and
[(4)] (5) the (United States should continue to press
for full membership for the Magen David Adom Society in
the International Red Cross Movement.
(c) Report.--Not later than 60 days after the date of the
enactment of the Foreign Relations Authorization Act, Fiscal
Years 2004 and 2005 and annually thereafter, the Secretary of
State shall submit a report, on a classified basis if
necessary, to the appropriate congressional committees
describing--
(1) efforts by the United States to obtain full
membership for the Magen David Adom in the
International Red Cross Movement;
(2) efforts by the International Committee of the Red
Cross to obtain full membership for the Magen David
Adom in the International Red Cross Movement;
(3) efforts of the High Contracting Parties to the
Geneva Convention of 1949 to adopt the October 12,
2000, draft additional protocol; and
(4) the extent to which the Magen David Adom of
Israel is participating in the activities of the
International Red Cross and Red Crescent Movement.
* * * * * * *
----------
ACT OF JULY 30, 1946
JOINT RESOLUTION
Providing for membership and participation by the United States in the
United Nations Educational, Scientific, and Cultural Organization, and
authorizing an appropriation therefor.
* * * * * * *
Sec. 2. The President by and with the consent of the Senate
shall designate from time to time to attend a specified session
or specified sessions of the General Conference of the
Organization not to exceed five representatives of the United
States and such number of alternates not to exceed five as he
may determine consistent with the rules of procedure of the
General Conference: Provided, however, That each such
representative and each such alternate must be an American
citizen. [One of the representatives shall be designated as the
senior representative. Such representatives and alternates
shall each be entitled to receive compensation at such rates
provided for members of the Senior Foreign Service under
section 402 of the Foreign Service Act of 1980, or provided for
Foreign Service officers under section 403 of that Act, as the
President may determine, for such periods as the President may
specify, except that no Member of the Senate or House of
Representatives or officer of the United States who is
designated under this section as a representative of the United
States or as an alternate to attend any specified session or
specified sessions of the General Conference shall be entitled
to receive such compensation. Whenever a representative of the
United States is elected by the General Conference to serve on
the Executive Board, or is elected President of the General
Conference and thus becomes an ex officio adviser to the
Executive Board, under provision of article V of the
constitution of the Organization, the President may extend the
above provisions for compensation to such representative during
periods of service in connection with the Executive Board.]
[Sec. 3. In fulfillment of article VII of the constitution of
the Organization, the Secretary of State shall cause to be
organized a National Commission on Educational, Scientific, and
Cultural Corporation of not to exceed one hundred members. Such
Commission shall be appointed by the Secretary of State and
shall consist of (a) not more than sixty representatives of
principal national, voluntary organizations interested in
educational, scientific, and cultural matters; and (b) not more
than forty outstanding persons selected by the Secretary of
State, including not more than ten persons holding office under
or employed by the Government of the United States, not more
than fifteen representatives of the educational, scientific,
and cultural interests of State and local governments, and not
more than fifteen persons chosen at large. The Secretary of
State is authorized to name in the first instance fifty of the
principal national voluntary organizations, each of which shall
be invited to designate one representative for appointment to
the National Commission. Thereafter, the National Commission
shall periodically review and, if deemed advisable, revise the
list of such organizations designating representatives in order
to achieve a desirable rotation among organizations
represented. To constitute the initial Commission, one-third of
the members shall be appointed to serve for a term of one year,
one-third for a term of two years, and one-third or the
remainder thereof for a term of three years; from thence on
following, all members shall be appointed for a term of three
years each, but no member shall serve more than two consecutive
terms. The National Commission shall meet at least once
annually. The National Commission shall designate from among
its members an executive committee, and may designate such
other committees as may prove necessary, to consult with the
Department of State and to perform such other functions as the
National Commission shall delegate to them. No member of the
National Commission shall be allowed any salary or other
compensation for services: Provided, however, That he may be
paid transportation and other expenses as authorized by section
5 of the Administrative Expenses Act of 1946, as amended (5
U.S.C. 73b-2). The Department of State is authorized to provide
the necessary secretariat for the Commission.]
Sec. 3. (a) In fulfillment of article VII of the constitution
of the Organization, the Secretary of State shall establish a
National Commission on Educational, Scientific, and Cultural
Cooperation.
(b) The National Commission shall be composed of not more
than 35 members appointed by the Secretary of State in
consultation with the National Academy of Sciences, the
National Science Foundation, the Secretary of Education, the
Secretary of Health and Human Services, and the Secretary of
the Interior. Members of the National Commission shall be
representatives of nongovernmental organizations, academic
institutions, and associations interested in education,
scientific, and cultural matters. Periodically, the Secretary
shall review and revise the entities represented on the
National Commission in order to achieve a desirable rotation in
representation. Except as otherwise provided, each member of
the National Commission shall be appointed to a term of 3
years. As designated by the Secretary of State at the time of
appointment, of the members first appointed one-third shall be
appointed for a term of 1 year, one-third shall be appointed
for a term of 2 years, and one-third shall be appointed for a
term of 3 years. Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office. No member may serve more than 2 consecutive terms. The
Secretary of State shall designate a chair of the National
Commission.
(c) Members of the National Commission shall serve without
pay. For attendance at the annual meeting, each member shall
receive travel expenses in accordance with section 5703 of
title 5, United States Code.
(d) The National Commission shall meet at the call of the
chair at least annually and such meetings may be through video
conferencing or other electronic means. The National Commission
shall designate an executive committee from among the members
of the commission and may designate such other committees as
may be necessary to carry out its duties under this Act.
(e) Upon request of the National Commission, the Secretary of
State may detail any of the personnel of the Department of
State to the National Commission to assist it in carrying out
its duties under this Act.
* * * * * * *
----------
CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) ACT OF 1996
(Public Law 104-114)
* * * * * * *
TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO
GOVERNMENT
* * * * * * *
SEC. 107. TELEVISION BROADCASTING TO CUBA.
(a) Conversion to UHF.--The Director of the [International
Broadcasting Bureau] United States International Broadcasting
Agency shall implement a conversion of television broadcasting
to Cuba under the Television Marti Service to ultra high
frequency (UHF) broadcasting.
(b) Periodic Reports.--Not later than 45 days after the date
of the enactment of this Act, and every three months thereafter
until the conversion described in subsection (a) is fully
implemented, the Director of the [International Broadcasting
Bureau] United States International Broadcasting Agency shall
submit a report to the appropriate congressional committees on
the progress made in carrying out subsection (a).
* * * * * * *
SEC. 109. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND HUMAN RIGHTS
GROUPS AND INTERNATIONAL OBSERVERS.
(a) * * *
(b) OAS Emergency Fund.--
(1) * * *
* * * * * * *
(3) Voluntary contributions for fund.--
Notwithstanding section 307 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2227) or any other provision of
law limiting the United States proportionate share of
assistance to Cuba by any international organization,
the President [should provide not less than $5,000,000]
shall provide for each of the fiscal years 2004 and
2005 not less than $500,000 of the voluntary
contributions of the United States to the Organization
of American States solely for the purposes of the
special fund referred to in paragraph (1).
* * * * * * *
----------
UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994
TITLE III--UNITED STATES INTERNATIONAL BROADCASTING ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``United States
International Broadcasting Act of 1994''.
* * * * * * *
SEC. 303. STANDARDS AND PRINCIPLES.
(a) Broadcasting Standards.--United States international
broadcasting shall--
(1) * * *
* * * * * * *
(7) be designed so as to effectively reach a
significant audience; and
(8) promote respect for human rights, including
freedom of religion[.]; and
(9) seek to ensure that resources are allocated to
broadcasts directed at people whose governments deny
freedom of expression or who are otherwise in special
need of honest and professional broadcasting,
commensurate with the need for such broadcasts.
* * * * * * *
SEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.
(a) * * *
* * * * * * *
(g) Immunity from Civil Liability.--Notwithstanding any other
provision of law, any and all limitations on liability that
apply to the members of the Broadcasting Board of Governors
also shall apply to such members when acting in their
capacities as members of the boards of directors of RFE/RL,
Incorporated [and Radio Free Asia], Radio Free Asia, and
Mideast Radio and Television Network, Inc..
[Effective on the last day of the 6-month period beginning on the date
of the enactment of this Act (Foreign Relations Authorization Act,
Fiscal Years 2004 and 2005), section 304 of the United States
International Broadcasting Act of 1994 is revised in its entirety,
shown below.]
[SEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.
[(a) Continued Existence Within Executive Branch.--
[(1) In general.--The Broadcasting Board of Governors
shall continue to exist within the Executive branch of
Government as an entity described in section 104 of
title 5, United States Code.
[(2) Retention of existing board members.--The
members of the Broadcasting Board of Governors
appointed by the President pursuant to subsection
(b)(1)(A) before the effective date of title XIII of
the Foreign Affairs Agencies Consolidation Act of 1998
and holding office as of that date may serve the
remainder of their terms of office without
reappointment.
[(3) Inspector general authorities.--
[(A) In general.--The Inspector General of
the Department of State and the Foreign Service
shall exercise the same authorities with
respect to the Broadcasting Board of Governors
and the International Broadcasting Bureau as
the Inspector General exercises under the
Inspector General Act of 1978 and section 209
of the Foreign Service Act of 1980 with respect
to the Department of State.
[(B) Respect for journalistic integrity of
broadcasters.--The Inspector General shall
respect the journalistic integrity of all the
broadcasters covered by this title and may not
evaluate the philosophical or political
perspectives reflected in the content of
broadcasts.
[(b) Composition of the Board.--
[(1) The Board shall consist of 9 members, as
follows:
[(A) 8 voting members who shall be appointed
by the President, by and with the advice and
consent of the Senate.
[(B) The Secretary of State who shall also be
a voting member.
[(2) The President shall appoint one member (other
than the Secretary of State) as Chairman of the Board,
subject to the advice and consent of the Senate.
[(3) Exclusive of the Secretary of State, not more
than 4 of the members of the Board appointed by the
President shall be of the same political party.
[(c) Term of Office.--The term of office of each member of
the Board shall be three years, except that the Secretary of
State shall remain a member of the Board during the Director's
term of service. Of the other 8 voting members, the initial
terms of office of two members shall be one year, and the
initial terms of office of 3 other members shall be two years,
as determined by the President. The President shall appoint, by
and with the advice and consent of the Senate, Board members to
fill vacancies occurring prior to the expiration of a term, in
which case the members so appointed shall serve for the
remainder of such term. Any member whose term has expired may
serve until a successor has been appointed and qualified. When
there is no Secretary of State, the Acting Secretary of State
shall serve as a member of the Board until a Director is
appointed.
[(d) Selection of Board.--Members of the Board appointed by
the President shall be citizens of the United States who are
not regular full-time employees of the United States
Government. Such members shall be selected by the President
from among Americans distinguished in the fields of mass
communications, print, broadcast media, or foreign affairs.
[(e) Compensation.--Members of the Board, while attending
meetings of the Board or while engaged in duties relating to
such meetings or in other activities of the Board pursuant to
this section (including travel time) shall be entitled to
receive compensation equal to the daily equivalent of the
compensation prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code. While away
from their homes or regular places of business, members of the
Board may be allowed travel expenses, including per diem in
lieu of subsistence, as authorized by law (5 U.S.C. 5703) for
persons in the Government service employed intermittently. The
Secretary of State shall not be entitled to any compensation
under this title, but may be allowed travel expenses as
provided under this subsection.
[(f) Decisions.--Decisions of the Board shall be made by
majority vote, a quorum being present. A quorum shall consist
of 5 members.
[(g) Immunity from Civil Liability.--Notwithstanding any
other provision of law, any and all limitations on liability
that apply to the members of the Broadcasting Board of
Governors also shall apply to such members when acting in their
capacities as members of the boards of directors of RFE/RL,
Incorporated and Radio Free Asia.]
SEC. 304. ESTABLISHMENT OF UNITED STATES INTERNATIONAL BROADCASTING
AGENCY.
(a) Establishment.--There is established as an independent
agency in the executive branch the United States International
Broadcasting Agency (hereinafter in this Act referred to as the
``Agency'').
(b) Board of Governors of the Agency.--
(1) Head of agency.--The Agency shall be headed by
the Board of Governors of the United States
International Broadcasting Agency (hereinafter in this
Act referred to as the ``Board of Governors'').
(2) Authorities and functions.--The Board of Goverors
shall--
(A) carry out the authorities and functions
of the Agency under section 305; and
(B) be responsible for the exercise of all
authorities and powers and the discharge of all
duties and functions of the Agency.
(3) Composition of the board of governors.--
(A) The Board of Governors shall consist of 9
members, as follows:
(i) Eight voting members who shall be
appointed by the President, by and with
the advice and consent of the Senate.
(ii) The Secretary of State who shall
also be a voting member.
(B) The President shall appoint one member
(other than the Secretary of State) as Chair of
the Board of Governors, subject to the advice
and consent of the Senate.
(C) Exclusive of the Secretary of State, not
more than 4 of the members of the Board of
Governors appointed by the President shall be
of the same political party.
(4) Term of office.--The term of office of each
member of the Board of Governors shall be three years,
except that the Secretary of State shall remain a
member of the Board of Governors during the Secretary's
term of service. The President shall appoint, by and
with the advice and consent of the Senate, board
members to fill vacancies occurring prior to the
expiration of a term, in which case the members so
appointed shall serve for the remainder of such term.
Any member whose term has expired may serve until a
successor has been appointed and qualified. When there
is no Secretary of State, the Acting Secretary of State
shall serve as a member of the board until a Secretary
is appointed.
(5) Selection of board of governors.--Members of the
Board of Governors appointed by the President shall be
citizens of the United States who are not regular full-
time employees of the United States Government. Such
members shall be selected by the President from among
Americans distinguished in the fields of mass
communications, print, broadcast media, or foreign
affairs.
(6) Compensation.--Members of the Board of Governors,
while attending meetings of the board or while engaged
in duties relating to such meetings or in other
activities of the board pursuant to this section
(including travel time) shall be entitled to receive
compensation equal to the daily equivalent of the
compensation prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code. While away from their homes or regular places of
business, members of the board may be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by law for persons in the Government service
employed intermittently. The Secretary of State shall
not be entitled to any compensation under this title,
but may be allowed travel expenses as provided under
this subsection.
(7) Decisions.--Decisions of the Board of Governors
shall be made by majority vote, a quorum being present.
A quorum shall consist of 5 members.
(8) Immunity from civil liability.--Notwithstanding
any other provision of law, any and all limitations on
liability that apply to the members of the Board of
Governors also shall apply to such members when acting
in their capacities as members of the boards of
directors of RFE/RL, Incorporated and Radio Free Asia.
(c) Director.--
(1) Appointment.--The Board of Governors shall
appoint a Director of the Agency. The Director shall
receive basic pay at the rate payable for level III of
the Executive Schedule under section 5314 of title 5,
United States Code. The Director may be removed through
a majority vote of the Board.
(2) Functions and duties.--The Director shall have
the following functions and duties:
(A) To exercise the authorities delegated by
the Board of Governors pursuant to section
305(b).
(B) To carry out all broadcasting activities
conducted pursuant to this title, the Radio
Broadcasting to Cuba Act, and the Television
Broadcasting to Cuba Act.
(C) To examine and make recommendations to
the Board of Governors on long-term strategies
for the future of international broadcasting,
including the use of new technologies.
(D) To review engineering activities to
ensure that all broadcasting elements receive
the highest quality and cost-effective delivery
services.
(E) To procure supplies, services, and other
personal property to carry out the functions of
the Agency.
(F) To obligate and expend, for official
reception and representation expenses, such
amounts as may be made available through
appropriations.
(G) To provide for the use of United States
Government transmitter capacity for relay of
broadcasting by grantees.
(H) To procure temporary and intermittent
personal services to the same extent as is
authorized by section 3109 of title 5, United
States Code, at rates not to exceed the daily
equivalent of the rate provided for positions
classified above grade GS-15 of the General
Schedule under section 5108 of title 5, United
States Code.
(I) To procure for the Agency, pursuant to
section 1535 of title 31, United States Code
goods and services from other departments or
agencies.
(J) To the extent funds are available, to
lease space and acquire personal property for
the Agency.
(d) Inspector General Authorities.--
(1) In general.--The Inspector General of the
Department of State shall exercise the same authorities
with respect to the Agency as the Inspector General
exercises under the Inspector General Act of 1978 and
section 209 of the Foreign Service Act of 1980 with
respect to the Department of State.
(2) Respect for journalistic integrity of
broadcasters.--The Inspector General of the Department
of State and the Foreign Service shall respect the
journalistic integrity of all the broadcasters covered
by this title and may not evaluate the philosophical or
political perspectives reflected in the content of
broadcasts.
SEC. 305. AUTHORITIES OF THE BOARD.
(a) Authorities.--The Board shall have the following
authorities:
(1) * * *
* * * * * * *
(5) To make and supervise grants for broadcasting and
related activities in accordance with sections [308 and
309] 308, 309, and 310.
(6) To allocate funds appropriated for international
broadcasting activities among the various elements of
the International Broadcasting Bureau and grantees,
subject to the limitations in sections [308 and 309]
308, 309, and 310 and subject to reprogramming
notification requirements in law for the reallocation
of funds.
* * * * * * *
(c) Broadcasting Budgets.--The Director of the Bureau and the
grantees identified in sections [308 and 309] 308, 309, and 310
shall submit proposed budgets to the Board. The Board shall
forward its recommendations concerning the proposed budget for
the Board and broadcasting activities under this title, the
Radio Broadcasting to Cuba Act, and the Television Broadcasting
to Cuba Act to the Office of Management and Budget.
* * * * * * *
[Effective on the last day of the 6-month period beginning on the date
of the enactment of this Act (Foreign Relations Authorization Act,
Fiscal Years 2004 and 2005), section 305 of the United States
International Broadcasting Act of 1994 is revised in its entirety,
shown below.]
[SEC. 305. AUTHORITIES OF THE BOARD.
[(a) Authorities.--The Board shall have the following
authorities:
[(1) To supervise all broadcasting activities
conducted pursuant to this title, the Radio
Broadcasting to Cuba Act, the Television Broadcasting
to Cuba Act, and Worldnet Television, except as
provided in section 306(b).
[(2) To review and evaluate the mission and operation
of, and to assess the quality, effectiveness, and
professional integrity of, all such activities within
the context of the broad foreign policy objectives of
the United States.
[(3) To ensure that United States international
broadcasting is conducted in accordance with the
standards and principles contained in section 303.
[(4) To review, evaluate, and determine, at least
annually, after consultation with the Secretary of
State, the addition or deletion of language services.
[(5) To make and supervise grants for broadcasting
and related activities in accordance with sections 308
and 309.
[(6) To allocate funds appropriated for international
broadcasting activities among the various elements of
the International Broadcasting Bureau and grantees,
subject to the limitations in sections 308 and 309 and
subject to reprogramming notification requirements in
law for the reallocation of funds.
[(7) To review engineering activities to ensure that
all broadcasting elements receive the highest quality
and cost-effective delivery services.
[(8) To undertake such studies as may be necessary to
identify areas in which broadcasting activities under
its authority could be made more efficient and
economical.
[(9) To submit to the President and the Congress, an
annual report which summarizes and evaluates activities
under this title, the Radio Broadcasting to Cuba Act,
and the Television Broadcasting to Cuba Act. Each
annual report shall place special emphasis on the
assessment described in paragraph (2).
[(10) To the extent considered necessary to carry out
the functions of the Board, procure supplies, services,
and other personal property.
[(11) To appoint such staff personnel for the Board
as the Board may determine to be necessary, subject to
the provisions of title 5, United States Code,
governing appointments in the competitive service, and
to fix their compensation in accordance with the
provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates.
[(12) To obligate and expend, for official reception
and representation expenses, such amount as may be made
available through appropriations (which for each of the
fiscal years 1998 and 1999 may not exceed the amount
made available to the Board and the International
Broadcasting Bureau for such purposes for fiscal year
1997).
[(13) To make available in the annual report required
by paragraph (9) information on funds expended on
administrative and managerial services by the Bureau
and by grantees and the steps the Board has taken to
reduce unnecessary overhead costs for each of the
broadcasting services.
[(14) The Board may provide for the use of United
States Government transmitter capacity for relay of
Radio Free Asia.
[(15)(A) To procure temporary and intermittent
personal services to the same extent as is authorized
by section 3109 of title 5, United States Code, at
rates not to exceed the daily equivalent of the rate
provided for positions classified above grade GS-15 of
the General Schedule under section 5108 of title 5,
United States Code.
[(B) To allow those providing such services, while
away from their homes or their regular places of
business, travel expenses (including per diem in lieu
of subsistence) as authorized by section 5703 of title
5, United States Code, for persons in the Government
service employed intermittently, while so employed.
[(16) To procure, pursuant to section 1535 of title
31, United States Code (commonly known as the ``Economy
Act''), such goods and services from other departments
or agencies for the Board and the International
Broadcasting Bureau as the Board determines are
appropriate.
[(17) To utilize the provisions of titles III, IV, V,
VII, VIII, IX, and X of the United States Information
and Educational Exchange Act of 1948, and section 6 of
Reorganization Plan Number 2 of 1977, as in effect on
the day before the effective date of title XIII of the
Foreign Affairs Agencies Consolidation Act of 1998, to
the extent the Board considers necessary in carrying
out the provisions and purposes of this title.
[(18) To utilize the authorities of any other
statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official
document or proceeding that had been available to the
Director of the United States Information Agency, the
Bureau, or the Board before the effective date of title
XIII of the Foreign Affairs Consolidation Act of 1998
for carrying out the broadcasting activities covered by
this title.
[(b) Delegation of Authority.--The Board may delegate to
the Director of the International Broadcasting Bureau, or any
other officer or employee of the United States, to the extent
the Board determines to be appropriate, the authorities
provided in this section, except those authorities provided in
paragraph (1), (2), (3), (4), (5), (6), (9), or (11) of
subsection (a).
[(c) Broadcasting Budgets.--The Director of the Bureau
and the grantees identified in sections 308 and 309 shall
submit proposed budgets to the Board. The Board shall forward
its recommendations concerning the proposed budget for the
Board and broadcasting activities under this title, the Radio
Broadcasting to Cuba Act, and the Television Broadcasting to
Cuba Act to the Office of Management and Budget.
[(d) Professional Independence of Broadcasters.--The
Secretary of State and the Board, in carrying out their
functions, shall respect the professional independence and
integrity of the International Broadcasting Bureau, its
broadcasting services, and the grantees of the Board.
[(e) Technical Amendment.--
[(1) Section 4 of the Radio Broadcasting to Cuba Act
(22 U.S.C. 1465b) is amended by striking ``and the
Associate Director for Broadcasting of the United
States Information Agency'' and inserting ``of the
Voice of America''.
[(2) Section 5(b) of the Radio Broadcasting to Cuba
Act (22 U.S.C.1465c(b)) is amended by striking
``Director and Associate Director for Broadcasting of
the United States Information Agency'' and inserting
``Broadcasting Board of Governors''.]
SEC. 305. AUTHORITIES AND FUNCTIONS OF THE AGENCY.
(a) The Agency shall have the following authorities and
functions:
(1) To supervise all broadcasting activities
conducted pursuant to this title, the Radio
Broadcasting to Cuba Act, and the Television
Broadcasting to Cuba Act.
(2) To review and evaluate the mission and operation
of, and to assess the quality, effectiveness, and
professional integrity of, all such activities within
the context of the broad foreign policy objectives of
the United States and the guiding principles and
doctrines of the United States, particularly freedom
and democracy.
(3) To develop strategic goals after reviewing human
rights reporting and other reliable assessments to
assist in determining programming and resource
allocation.
(4) To ensure that United States international
broadcasting is conducted in accordance with the
standards and principles contained in section 303.
(5) To review, evaluate, and determine, at least
annually, after consultation with the Secretary of
State, the addition or deletion of language services.
(6) To make and supervise grants for broadcasting and
related activities in accordance with sections 308 and
309.
(7) To allocate funds appropriated for international
broadcasting activities among the various elements of
the Agency and grantees, subject to the limitations in
sections 308 and 309 and subject to reprogramming
notification requirements in law for the reallocation
of funds.
(8) To undertake such studies as may be necessary to
identify areas in which broadcasting activities under
its authority could be made more efficient and
economical.
(9) To submit to the President and the Congress an
annual report which summarizes and evaluates activities
under this title, the Radio Broadcasting to Cuba Act,
and the Television Broadcasting to Cuba Act, placing
special emphasis on the assessment described in
paragraph (2).
(10) To make available in the annual report required
by paragraph (9) information on funds expended on
administrative and managerial services by the Agency
and by grantees and the steps the Agency has taken to
reduce unnecessary overhead costs for each of the
broadcasting services.
(11) To utilize the provisions of titles III, IV, V,
VII, VIII, IX, and X of the United States Information
and Educational Exchange Act of 1948, and section 6 of
Reorganization Plan Number 2 of 1977, as in effect on
the day before the effective date of title XIII of the
Foreign Affairs Agencies Consolidation Act of 1998, to
the extent the Director considers necessary in carrying
out the provisions and purposes of this title.
(12) To utilize the authorities of any other statute,
reorganization plan, Executive order, regulation,
agreement, determination, or other official document or
proceeding that had been available to the Director of
the United States Information Agency, the Bureau, or
the Board before the effective date of title XIII of
the Foreign Affairs Consolidation Act of 1998 for
carrying out the broadcasting activities covered by
this title.
(b) Delegation of Authority.--The Board of Governors may
delegate to the Director of the Agency, or any other officer or
employee of the United States, the authorities provided in this
section, except those authorities provided in paragraph (1),
(2), (4), (5), (6), (7), or (9) of subsection (a).
(c) Broadcasting Budgets.--The Director and the grantees
identified in sections 308 and 309 shall submit proposed
budgets to the Board. The Board shall forward its
recommendations concerning the proposed budget for the Board
and broadcasting activities under this title, the Radio
Broadcasting to Cuba Act, and the Television Broadcasting to
Cuba Act to the Office of Management and Budget.
[SEC. 306. ROLE OF THE SECRETARY OF STATE.
[(a) Foreign Policy Guidance.--To assist the Board in
carrying out its functions, the Secretary of State shall
provide information and guidance on foreign policy issues to
the Board, as the Secretary may deem appropriate.
[(b) Certain Worldnet Programming.--The Secretary of
State is authorized to use Worldnet broadcasts for the purposes
of continuing interactive dialogues with foreign media and
other similar overseas public diplomacy programs sponsored by
the Department of State. The Chairman of the Broadcasting Board
of Governors shall provide access to Worldnet for this purpose
on a nonreimbursable basis.]
SEC. 306. ROLE OF THE SECRETARY OF STATE.
To assist the Agency in carrying out its functions, the
Secretary of State shall provide such information and guidance
on foreign policy and public diplomacy issues to the Agency as
the Secretary considers appropriate.
SEC. 307. INTERNATIONAL BROADCASTING BUREAU.
(a) Establishment.--There is hereby established an
International Broadcasting Bureau under the Board (hereafter in
this title referred to as the ``Bureau''), to carry out all
nonmilitary international broadcasting activities supported by
the United States Government other than those described in
sections [308 and 309] 308, 309, and 310.
* * * * * * *
(c) Responsibilities of the Director.--The Director shall
organize and chair a coordinating committee to examine and make
recommendations to the Board on long-term strategies for the
future of international broadcasting, including the use of new
technologies, further consolidation of broadcast services, and
consolidation of currently existing public affairs and
legislative relations functions in the various international
broadcasting entities. The coordinating committee shall include
representatives of Radio Free Asia, Mideast Radio and
Television Network, Inc., RFE/RL, Incorporated, the
Broadcasting Board of Governors, and, as appropriate, the
Office of Cuba Broadcasting, the Voice of America, and
Worldnet.
* * * * * * *
[Effective on the last day of the 6-month period beginning on the date
of the enactment of this Act (Foreign Relations Authorization Act,
Fiscal Years 2004 and 2005), section 307 of the United States
International Broadcasting Act of 1994 is revised in its entirety,
shown below.]
[SEC. 307. INTERNATIONAL BROADCASTING BUREAU.
[(a) Establishment.--There is hereby established an
International Broadcasting Bureau under the Board (hereafter in
this title referred to as the ``Bureau''), to carry out all
nonmilitary international broadcasting activities supported by
the United States Government other than those described in
sections 308 and 309.
[(c) Responsibilities of the Director.--The Director
shall organize and chair a coordinating committee to examine
and make recommendations to the Board on long-term strategies
for the future of international broadcasting, including the use
of new technologies, further consolidation of broadcast
services, and consolidation of currently existing public
affairs and legislative relations functions in the various
international broadcasting entities. The coordinating committee
shall include representatives of Radio Free Asia, RFE/RL,
Incorporated, the Broadcasting Board of Governors, and, as
appropriate, the Office of Cuba Broadcasting, the Voice of
America, and Worldnet.]
SEC. 307. ADMINISTRATIVE PROVISIONS.
(a) Officers and Employees.--The Board of Governors may
appoint and fix the compensation of such officers and employees
as may be necessary to carry out the functions of the Agency.
Except as otherwise provided by law, such officers and
employees shall be appointed in accordance with the civil
service laws and their compensation shall be fixed in
accordance with title 5, United States Code.
(b) Experts and Consultants.--The Board of Governors, as may
be provided in appropriation Acts, may obtain the services of
experts and consultants in accordance with section 3109 of
title 5, United States Code, and may compensate such experts
and consultants at rates not to exceed the daily rate
prescribed for level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(c) Acceptance of Voluntary Services.--
(1) In general.--Notwithstanding section 1342 of
title 31, United States Code, the Board of Governors
may accept, subject to regulations issued by the Office
of Personnel Management, voluntary services if such
services--
(A) are to be uncompensated; and
(B) are not used to displace any employee.
(2) Treatment.--Any individual who provides voluntary
services under this section shall not be considered a
Federal employee for any purpose other than for
purposes of chapter 81 of title 5, United States Code
(relating to compensation for injury) and sections 2671
through 2680 of title 28, United States Code (relating
to tort claims).
(d) Delegation.--Except as otherwise provided in this Act,
the Board of Governors may delegate any function to the
Director and such other officers and employees of the Agency as
the Board of Governors may designate, and may authorize such
successive redelegations of such functions within the Agency as
may be necessary or appropriate.
(e) Contracts.--
(1) In general.--Subject to the Federal Property and
Administrative Services Act of 1949 and other
applicable Federal law, the Board of Governors may
make, enter into, and perform such contracts, grants,
leases, cooperative agreements, and other similar
transactions with Federal or other public agencies
(including State and local governments) and private
organizations and persons, and to make such payments,
by way of advance or reimbursement, as the Board of
Governors may determine necessary or appropriate to
carry out functions of the Board of Governors or the
Agency.
(2) Appropriation authority required.--No authority
to enter into contracts or to make payments under this
title shall be effective except to such extent or in
such amounts as are provided in advance under
appropriation Acts.
(f) Regulations.--The Director may prescribe such rules and
regulations as the Board of Governors considers necessary or
appropriate to administer and manage the functions of the
Agency, in accordance with chapter 5 of title 5, United States
Code.
(g) Seal.--The Director shall cause a seal of office to be
made for the Agency of such design as the Board of Governors
shall approve. Judicial notice shall be taken of such seal.
SEC. 308. LIMITS ON GRANTS FOR RADIO FREE EUROPE AND RADIO LIBERTY.
(a) Board of RFE/RL, Incorporated.--The [Board] Agency
may not make any grant to RFE/RL, Incorporated, unless the
certificate of incorporation of RFE/RL, Incorporated, has been
amended to provide that--
(1) the Board of Directors of RFE/RL, Incorporated,
shall consist of the members of the [Broadcasting Board
of Governors] Board Governors of the International
Broadcasting Agency established under section 304 and
of no other members; and
* * * * * * *
(b) Location of Principal Place of Business.--
[(1)] The [Board] Agency may not make any grant to
RFE/RL, Incorporated unless the headquarters of RFE/RL,
Incorporated and its senior administrative and
managerial staff are in a location which ensures
economy, operational effectiveness, and accountability
to the [Board] Agency.
[(2) Not later than 90 days after confirmation of all
members of the Board, the Board shall provide a report
to Congress on the number of administrative,
managerial, and technical staff of RFE/RL, Incorporated
who will be located within the metropolitan area of
Washington, D.C., and the number of employees whose
principal place of business will be located outside the
metropolitan area of Washington, D.C.]
(c) The total amount of grants made for the operating
costs of RFE/RL, Incorporated, may not exceed $85,000,000 in
fiscal year 2003.
(d) Alternative Grantee.--If the [Board determines at any
time that RFE/RL, Incorporated, is not carrying out the
functions described in section 309 in an effective and
economical manner, the Board may award the grant to carry out
such functions to another entity after soliciting and
considering applications from eligible entities in such manner
and accompanied by such information as the [Board] Agency may
reasonably require.
* * * * * * *
(g) Grant Agreement.--Grants to RFE/RL, Incorporated, by
the [Board] Agency shall only be made in compliance with a
grant agreement. The grant agreement shall establish guidelines
for such grants. The grant agreement shall include the
following provisions--
(1) that a grant be used only for activities which
the [Board] Agency determines are consistent with the
purposes of subsection (f);
(2) that RFE/RL, Incorporated, shall otherwise comply
with the requirements of this section;
(3) that failure to comply with the requirements of
this section may result in suspension or termination of
a grant without further obligation by the [Board]
Agency or the United States;
(4) that duplication of language services and
technical operations between RFE/RL, Incorporated and
the [International Broadcasting Bureau] Agency be
reduced to the extent appropriate, as determined by the
[Board] Agency; and
(5) that RFE/RL, Incorporated, justify in detail each
proposed expenditure of grant funds, and that such
funds may not be used for any other purpose unless the
[Board] Agency gives its prior written approval.
(h) Prohibited Uses of Grant Funds.--No grant funds
provided under this section may be used for the following
purposes:
(1) * * *
* * * * * * *
(5) To compensate freelance contractors without the
approval of the [Board] Agency.
(i) Report on Management Practices.--(1) Effective not
later than March 31 and September 30 of each calendar year, the
Inspector General of the Department of State [and the Foreign
Service] shall submit to the [Board] Agency and the Congress a
report on management practices of RFE/RL, Incorporated, under
this section. The Inspector General of the Department of State
[and the Foreign Service] shall establish a special unit within
the Inspector General's office to monitor and audit the
activities of RFE/RL, Incorporated, and shall provide for on-
site monitoring of such activities.
(j) Audit Authority.--
(1) * * *
* * * * * * *
(3) Notwithstanding any other provision of law and
upon repeal of the Board for International Broadcasting
Act, the Inspector General of the Department of State
[and the Foreign Service] is authorized to exercise the
authorities of the Inspector General Act of 1978 with
respect to RFE/RL, Incorporated.
* * * * * * *
SEC. 309. RADIO FREE ASIA.
(a) * * *
* * * * * * *
(c) Grant Agreement.--Any grant agreement or grants under
this section shall be subject to the following limitations and
restrictions:
(1) The [Board] Agency may not make any grant to
Radio Free Asia unless the headquarters of Radio Free
Asia and its senior administrative and managerial staff
are in a location which ensures economy, operational
effectiveness, and accountability to the [Board]
Agency.
* * * * * * *
[(e) Assessment of the Effectiveness of Radio Free
Asia.--Not later than 3 years after the date on which initial
funding is provided for the purpose of operating Radio Free
Asia, the Board shall submit to the appropriate congressional
committees a report on--
[(1) whether Radio Free Asia is technically sound and
cost-effective,
[(2) whether Radio Free Asia consistently meets the
standards for quality and objectivity established by
this title,
[(3) whether Radio Free Asia is received by a
sufficient audience to warrant its continuation,
[(4) the extent to which such broadcasting is already
being received by the target audience from other
credible sources; and
[(5) the extent to which the interests of the United
States are being served by maintaining broadcasting of
Radio Free Asia.]
(f) Sunset Provision.--The [Board] Agency may not make
any grant for the purpose of operating Radio Free Asia after
September 30, 2009.
(g) Notification and Consultation Regarding Displacement
of Voice of America Broadcasting.--The [Board] Agency shall
notify the appropriate congressional committees before entering
into any agreements for the utilization of Voice of America
transmitters, equipment, or other resources that will
significantly reduce the broadcasting activities of the Voice
of America in Asia or any other region in order to accommodate
the broadcasting activities of Radio Free Asia. The [Chairman
of the Board] Agency shall consult with such committees on the
impact of any such reduction in Voice of America broadcasting
activities.
* * * * * * *
SEC. 310. MIDEAST RADIO AND TELEVISION NETWORK, INC.
(a) Authority.--Grants authorized under section 305 shall be
available to make annual grants to Mideast Radio and Television
Network, Inc. (hereinafter in this title also referred to as
``Mideast Network'') for the purpose of carrying out radio and
television broadcasting to the Middle East region.
(b) Function.--Mideast Network shall provide radio and
television programming to the Middle East region consistent
with the broadcasting standards and broadcasting principles set
forth in section 303 of this Act.
(c) Grant Agreement.--Any grant agreement or grants under
this section shall be subject to the following limitations and
restrictions:
(1) The Board may not make any grant to the nonprofit
corporation, Mideast Network unless its certificate of
incorporation provides that--
(A) the Board of Directors of Mideast Radio
and Television Network, Inc. (hereinafter
referred to as ``the Board'') shall consist of
the members of the Broadcasting Board of
Governors established under section 304 and of
no other members; and
(B) the Board shall make all major policy
determinations governing the operation of
Mideast Network and shall appoint and fix the
compensation of such managerial officers and
employees of Mideast Network as it considers
necessary to carry out the purposes of the
grant provided under this title, except that no
officer or employee may be paid a salary or
other compensation in excess of the rate of pay
payable for Level IV of the Executive Schedule
under section 5315 of title 5, United States
Code.
(2) Any grant agreement under this section shall
require that any contract entered into by Mideast
Network shall specify that obligations are assumed by
Mideast Network and not the United States Government.
(3) Any grant agreement shall require that any lease
agreement entered into by Mideast Network shall be, to
the maximum extent possible, assignable to the United
States Government.
(4) Grants awarded under this section shall be made
pursuant to a grant agreement which requires that grant
funds be used only for activities consistent with this
section, and that failure to comply with such
requirements shall permit the grant to be terminated
without fiscal obligation to the United States.
(5) Duplication of language services and technical
operations between the Mideast Radio and Television
Network, Inc., (including Radio Sawa), RFE/RL, and the
International Broadcasting Bureau will be reduced to
the extent appropriate, as determined by the Board.
(d) Not a Federal Agency or Instrumentality.--Nothing in this
title may be construed to establish Mideast Network as a
Federal agency or instrumentality, nor shall the officers or
employees of Mideast Network be considered to be officers or
employees of the United States Government.
(e) Audit Authority.--
(1) Such financial transactions of Mideast Network,
as relate to functions carried out under this section
may be audited by the General Accounting Office in
accordance with such principles and procedures and
under such rules and regulations as may be prescribed
by the Comptroller General of the United States. Any
such audit shall be conducted at the place or places
where accounts of Mideast Network are normally kept.
(2) Representatives of the General Accounting Office
shall have access to all books, accounts, records,
reports, files, papers, and property belonging to or in
use by Mideast Network pertaining to such financial
transactions as necessary to facilitate an audit. Such
representatives shall be afforded full facilities for
verifying transactions with any assets held by
depositories, fiscal agents, and custodians. All such
books, accounts, records, reports, files, papers, and
property of Mideast Network shall remain in the custody
of Mideast Network.
(3) Notwithstanding any other provisions of law, the
Inspector General of the Department of State is
authorized to exercise the authorities of the Inspector
General Act with respect to the Mideast Network.
[SEC. 311. PRESERVATION OF AMERICAN JOBS.
[It is the sense of the Congress that the Director of the
United States Information Agency and the Chairman of the Board
for International Broadcasting should, in developing the plan
for consolidation and reorganization of overseas international
broadcasting services, limit, to the maximum extent feasible,
consistent with the purposes of the consolidation, elimination
of any United States-based positions and should affirmatively
seek to transfer as many positions as possible to the United
States.]
* * * * * * *
SEC. 313. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.
(a) Limitation on Obligation and Expenditure of Funds.--
Notwithstanding any other provision of law, for the fiscal year
1994 and for each subsequent fiscal year, any funds
appropriated for the purposes of broadcasting subject to
supervision of the [Board] Agency shall not be available for
obligation or expenditure--
(1) * * *
* * * * * * *
SEC. 314. DEFINITIONS.
For the purposes of this title--
(1) * * *
[(2) the term ``RFE/RL, Incorporated'' includes--
[(A) the corporation having the corporate
title described in section 307(b)(3); and
[(B) any alternative grantee described in
section 307(e); and]
* * * * * * *
[SEC. 315. TECHNICAL AND CONFORMING AMENDMENTS.
[(a) Voice of America Broadcasts.--Section 503 of the
United States Information and Educational Exchange Act of 1948
(22 U.S.C. 1463) is repealed.
[(b) Israel Relay Station.--Section 301(c) of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991, is
repealed.
[(c) Board for International Broadcasting Act.--Section
4(a)(1) of the Board for International Broadcasting Act of 1973
is amended to read as follows:
[``(1) to make grants to RFE/RL, Incorporated
and, until September 30, 1995, to make grants
to entities established in the privatization of
certain functions of RFE/RL, Incorporated in
order to carry out the purposes set forth in
section 2 of this Act;''.
[(d) Relocation Costs.--Notwithstanding any other
provision of law, funds derived from the sale of real property
assets of RFE/RL in Munich, Germany, may be retained,
obligated, and expended to meet one-time costs associated with
the consolidation of United States Government broadcasting
activities in accordance with this title, including the costs
of relocating RFE/RL offices and operations.]
----------
RADIO BROADCASTING TO CUBA ACT
* * * * * * *
ADDITIONAL FUNCTIONS OF THE [BROADCASTING BOARD OF GOVERNORS] UNITED
STATES INTERNATIONAL BROADCASTING AGENCY
Sec. 3. (a) In order to carry out the objectives set forth in
section 2, the [Broadcasting Board of Governors] United States
International Broadcasting Agency (hereafter in this Act
referred to as [the ``Board'')] the ``Agency'') shall provide
for the open communication of information and ideas through the
use of radio broadcasting to Cuba. Radio broadcasting to Cuba
shall serve as a consistently reliable and authoritative source
of accurate, objective, and comprehensive news.
* * * * * * *
(c) Radio broadcasting to Cuba authorized by this Act shall
utilize the broadcasting facilities located at Marathon,
Florida, and the 1180 AM frequency that were used by the Voice
of America prior to the date of enactment of this Act. [Other
frequencies, not on the commercial Amplitude Modulation (AM)
Band (535 kHz to 1605 kHz), may also be simultaneously
utilized: Provided, That no frequency shall be used for radio
broadcasts to Cuba in accordance with this Act which is not
also used for all other Voice of America broadcasts to Cuba.]
The Board is authorized to simultaneously utilize other
broadcasting transmission facilities, and other frequencies,
including the Amplitude Modulation (AM) Band (535 kHz to 1705
kHz), the Frequency Modulation (FM) Band, and the Shortwave
(SW) Band. Time leased from nongovernmental shortwave radio
stations may be used to carry all or part of the Service
programs and to rebroadcast Service programs[: Provided, That
not less than 30 per centum of the programs broadcast or
rebroadcast shall be regular Voice of America broadcasts with
particular emphasis on news and programs meeting the
requirements of section 503(2) of Public Law 80-402].
(d) Notwithstanding subsection (c), in the event that
broadcasts to Cuba on the 1180 AM frequency are subject to
jamming or interference greater by 25 per centum or more than
the average daily jamming or interference in the twelve months
preceding September 1, 1983, the [Broadcasting Board of
Governors] United States International Broadcasting Agency may
lease time on commercial or noncommercial educational AM band
radio broadcasting stations. The Federal Communications
Commission shall determine levels of jamming and interference
by conducting regular monitoring of the 1180 AM frequency. [In
the event that more than two hours a day of time is leased, not
less than 30 per centum of the programing broadcast shall be
regular Voice of America broadcasts with particular emphasis on
news and programs meeting the requirements of section 503(2) of
Public Law 80-402.]
[(e) Any program of United States Government radio broadcasts
to Cuba authorized by this section shall be designated ``Voice
of America: Cuba Service'' or ``Voice of America: Radio Marti
program''.]
(e) Any program of United States Government radio broadcasts
to Cuba authorized by this section shall be designated ``Radio
Marti program''.
(f) In the event broadcasting facilities located at Marathon,
Florida, are rendered inoperable by natural disaster or by
unlawful destruction, the [Broadcasting Board of Governors]
United States International Broadcasting Agency may, for the
period in which the facilities are inoperable but not to exceed
one hundred and fifty days, use other United States Government-
owned transmission facilities for [Voice of America] broadcasts
to Cuba authorized by this Act.
cuba service of the voice of america
Sec. 4. [The Broadcasting Board of Governors shall establish
within the International Broadcasting Bureau] The Board of
Governors of the United States International Broadcasting
Agency shall establish within the Agency a Cuba Service
(hereafter in this section referred to as the ``Service''). The
Service shall be responsible for all radio broadcasts to Cuba
authorized by section 3. The [Broadcasting Board of Governors]
Board of Governors of the United States International
Broadcasting Agency shall appoint a head of the Service and
shall employ such staff as the head of the Service may need to
carry out his duties. The Cuba Service shall be administered
separately from other Voice of America functions and the head
of the Cuba Service shall report directly to the [Board of the
International Broadcasting Bureau] Board of Governors of the
United States International Broadcasting Agency.
advisory board for cuba broadcasting
Sec. 5. (a) There is established within the Office of the
President the Advisory Board for Cuba Broadcasting (in this
division referred to as the ``Advisory Board''). The Advisory
Board shall consist of nine members, appointed by the President
by and with the advice and consent of the Senate, of whom not
more than five shall be members of the same political party.
The President shall designate one member of the Advisory Board
to serve as chairperson.
(b) The Advisory Board shall review the effectiveness of the
activities carried out under this Act and the Television
Broadcasting to Cuba Act shall make such recommendations to the
President and the [Broadcasting Board of Governors] Board of
Governors of the United States International Broadcasting
Agency as it may consider necessary.
(c) In appointing the initial voting members of the Advisory
Board, the President shall designate three members to serve for
a term of three years, three members to serve for a term of two
years, and three members to serve for a term of one year.
Thereafter, the term of each member of the Advisory Board shall
be three years. The President shall appoint, by and with the
advice and consent of the Senate, members to fill vacancies
occurring prior to the expiration of a term, in which case the
members so appointed shall serve for the remainder of such
term. Any member whose term has expired may serve until his
successor has been appointed and qualified.
(d) The head of the Cuba Service and the head of the
Television Marti Service shall serve, ex officio, as members of
the Advisory Board.
(e) Members of the Advisory Board appointed by the President
shall, while attending meetings of the Advisory Board or while
engaged in duties relating to such meetings or in other
activities of the Advisory Board pursuant to this section,
including traveltime, be entitled to receive compensation equal
to the daily equivalent of the compensation prescribed for
level V of the Executive Schedule under section 5316 of title
5, United States Code. While away from their homes or regular
places of business they may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by law
(5 U.S.C. 5703) for persons in the Government service employed
intermittently. The ex officio members of the Advisory Board
shall not be entitled to any compensation under this section,
but may be allowed travel expenses as provided in the preceding
sentence.
(f) The Advisory Board may, to the extent it deems necessary
to carry out its functions under this section, procure
supplies, services, and other personal property, including
specialized electronic equipment.
(g) Notwithstanding any other provision of law, the Advisory
Board shall remain in effect indefinitely.
(h) There are authorized to be appropriated $130,000 to carry
out the provisions of this section.
assistance from other government agencies
Sec. 6. (a) In order to assist the [Broadcasting Board of
Governors] United States International Broadcasting Agency in
carrying out the purposes set forth in section 2, any agency or
instrumentality of the United States may sell, loan, lease, or
grant property (including interests therein) and may perform
administrative and technical support and services at the
request of the [Board] Board of Directors of the United States
International Broadcasting Agency. Support and services shall
be provided on a reimbursable basis. Any reimbursement shall be
credited to the appropriation from which the property, support,
or services was derived.
(b) The Board may carry out the purposes of section 3 by
means of grants, leases, or contracts (subject to the
availability of appropriations), or such other means as the
Board determines will be most effective.
facility compensation
Sec. 7. (a) * * *
(b) Accordingly, the [Board] United States International
Broadcasting Agency may make payments to the United States
radio broadcasting station licensees upon their application for
expenses which they have incurred before, on or after the date
of this Act in mitigating, pursuant to special temporary
authority from the Federal Communications Commission, the
effects of activities by the Government of Cuba which directly
interfere with the transmission or reception of broadcasts by
these licensees. Such expenses shall be limited to the costs of
equipment replaced (less depreciation) and associated technical
and engineering costs.
* * * * * * *
(d) There are authorized to be appropriated to the [Board]
United States International Broadcasting Agency, $5,000,000 for
use in compensating United States radio broadcasting licensees
pursuant to this section. Amounts appropriated under this
section are authorized to be available until expended.
* * * * * * *
authorization of appropriations
Sec. 8. (a) There are authorized to be appropriated for the
Broadcasting Board of Governors $14,000,000 for fiscal year
1984, and $11,000,000 for fiscal year 1985 to carry out
sections 3 and 4 of this Act. The amount obligated by the
Broadcasting Board of Governors in ensuing fiscal years shall
be sufficient to maintain broadcasts to Cuba under this Act at
rates no less than the fiscal year 1985 level.
* * * * * * *
----------
TELEVISION BROADCASTING TO CUBA ACT
PART D--TELEVISION BROADCASTING TO CUBA
SEC. 241. SHORT TITLE.
This part may be cited as the ``Television Broadcasting to
Cuba Act''.
* * * * * * *
SEC. 243. TELEVISION BROADCASTING TO CUBA.
(a) Television Broadcasting to Cuba.--In order to carry out
the purposes set forth in section 242 and notwithstanding the
limitation of section 501 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1461) with respect
to the dissemination in the United States of information
prepared for dissemination abroad to the extent such
dissemination is inadvertent, the [Broadcasting Board of
Governors] United States International Broadcasting Agency
(hereafter in this part referred to as the ``Agency'') shall
provide for the open communication of information and ideas
through the use of television broadcasting to Cuba. Television
broadcasting to Cuba shall serve as a consistently reliable and
authoritative source of accurate, objective, and comprehensive
news.
* * * * * * *
SEC. 244. TELEVISION MARTI SERVICE.
(a) Television Marti Service.--There is within the Voice of
America a Television Marti Service. The Service shall be
responsible for all television broadcasts to Cuba authorized by
this part. [The Broadcasting Board of Governors shall appoint a
head of the Service who shall report directly to the
International Boardcasting Bureau.] The Board of Governors of
the United States International Broadcasting Agency shall
appoint a head of the Service who shall report directly to the
Board of Governors. The head of the Service shall employ such
staff as the head of the Service may need to carry out the
duties of the Service.
(b) Use of Existing Facilities of the USIA.--To assure
consistency of presentation and efficiency of operations in
conducting the activities authorized under this part, the
Television Marti Service shall make maximum feasible
utilization of [Board] United States International Broadcasting
Agency facilities and management support, including Voice of
America: Cuba Service, Voice of America, and the United States
International Television Service.
(c) Authority.--[The Board] The Agency may carry out the
purposes of this part by means of grants, leases, or contracts
(subject to the availability of appropriations), or such other
means as the [Board determines] Board of Governors of the
United States International Broadcasting Agency determines will
be most effective.
* * * * * * *
SEC. 246. ASSISTANCE FROM OTHER GOVERNMENT AGENCIES.
In order to assist the [United States Information Agency]
United States International Broadcasting Agency in carrying out
the provisions of this part, any agency or instrumentality of
the United States may sell, loan, lease, or grant property
(including interests therein) and may perform administrative
and technical support and services at the request of the
[Board] Board of Governors of the United States International
Broadcasting Agency.
* * * * * * *
----------
SECTION 7 OF THE 1998 SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS ACT
Sec. 7. (a) * * *
(b) The President shall submit to [Congress--
[(1) not later] Congress not later than June 30,
1998, a report on efforts to gain agreement on
arrangements described in subsection (a), and such
report should include an explanation of the
Administration's view of whether it would promote
United States interests to adopt firm schedules or
deadlines for achieving such benchmarks[; and].
[(2) semiannually after that report, so long as
United States ground combat forces continue to
participate in the Stabilization Force for Bosnia
(SFOR), a report on the progress made toward achieving
the benchmarks referred to in subsection (a)(1),
including any developments which may affect the ability
of the relevant parties to achieve the benchmarks in a
timely manner.]
* * * * * * *
----------
SECTION 1203 OF THE STROM THRUMOND NATIONAL DEFENSE AUTHORIZATION FOR
FISCAL YEAR 1999
[SEC. 1203. PRESIDENTIAL REPORTS.
[(a) Required Reports.--The President shall ensure that the
semiannual reports required by section 7(b) of the general
provisions of chapter I of the 1998 Supplemental Appropriations
and Rescissions Act (Public Law 105-174; 112 Stat. 64) are
submitted to Congress in a timely manner as long as United
States ground combat forces continue to participate in the
Stabilization Force (SFOR). In addition, whenever the President
submits to Congress a request for funds for continued
operations of United States forces in Bosnia and Herzegovina,
the President shall submit a supplemental report providing
information to update Congress on developments since the last
semiannual report.
[(b) Required Information.--In addition to the information
required by the section referred to in subsection (a) to be
included in a report under that section, each report under that
section or under subsection (a) shall include the following:
[(1) The expected duration of the deployment of
United States ground combat forces in Bosnia and
Herzegovina in support of implementation of the
benchmarks set forth in the President's report of March
3, 1998 (referred to in section 1201(5)) for achieving
a sustainable peace process.
[(2) The percentage of those benchmarks that have
been completed as of the date of the report, the
percentage that are expected to be completed within the
next reporting period, and the expected time for
completion of the remaining tasks.
[(3) The status of the NATO force of gendarmes or
paramilitary police, including the mission of the
force, the composition of the force, and the extent, if
any, to which members of the Armed Forces of the United
States are participating (or are to participate) in the
force.
[(4) The military and nonmilitary missions that the
President has directed for United States forces in
Bosnia and Herzegovina, including a specific discussion
of--
[(A) the mission of those forces, if any, in
connection with the pursuit and apprehension of
war criminals;
[(B) the mission of those forces, if any, in
connection with civilian police functions;
[(C) the mission of those forces, if any, in
connection with the resettlement of refugees;
and
[(D) the missions undertaken by those forces,
if any, in support of international and local
civilian authorities.
[(5) An assessment of the risk for the United States
forces in Bosnia and Herzegovina, including, for each
mission identified pursuant to paragraph (4), the
assessment of the Chairman of the Joint Chiefs of Staff
regarding the nature and level of risk of the mission
for the safety and well-being of United States military
personnel.
[(6) An assessment of the cost to the United States,
by fiscal year, of carrying out the missions identified
pursuant to paragraph (4) and a detailed projection of
any additional funding that will be required by the
Department of Defense to meet mission requirements for
those operations for the remainder of the fiscal year.
[(7) A joint assessment by the Secretary of Defense
and the Secretary of State of the status of planning
for--
[(A) the assumption of all remaining military
missions inside Bosnia and Herzegovina by
European military and paramilitary forces; and
[(B) the establishment and support of a
forward-based United States rapid response
force outside of Bosnia and Herzegovina that
would be capable of deploying rapidly to defeat
military threats to a European follow-on force
inside Bosnia and Herzegovina and of providing
whatever logistical, intelligence, and air
support is needed to ensure that a European
follow-on force is fully capable of
accomplishing its missions under the Dayton
Accords.]
----------
SECTION 203 OF THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT
grants of authorities
Sec. 203. (a)(1) At the times and to the extent specified
in section 202, the President may, under such regulations as he
may prescribe, by means of instructions, licenses, or
otherwise--
(A) * * *
* * * * * * *
(C) when the United States is engaged in armed
hostilities or has been attacked by a foreign country
or foreign nationals, confiscate any property, subject
to the jurisdiction of the United States, of any
foreign person, foreign organization, or foreign
country that he determines has planned, authorized,
aided, or engaged in such hostilities or attacks
against the United States; and all right, title, and
interest in any property so confiscated shall vest,
when, as, and upon the terms directed by the President,
in such agency or person as the President may designate
from time to time, and upon such terms and conditions
as the President may prescribe, such interest, or
property shall be held, used, administered, liquidated,
sold, or otherwise dealt with in the interest of and
for the benefit of the United States, and such
designated agency or person may perform any and all
acts incident to the accomplishment or furtherance of
these purposes.
* * * * * * *
(4) The authority under paragraph (1)(C) to use property that
has been vested or to use assets that have been liquidated may
not be exercised until 15 days after the President has notified
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate of the purpose for which such vested property or
liquidated assets will be so used.
* * * * * * *
----------
SECTION 207 OF THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF 1998
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Commission $3,000,000 for the fiscal year 2003 and for each
subsequent fiscal year to carry out the provisions of this
title.
* * * * * * *
----------
SECTION 15 OF THE EXPORT ADMINISTRATION ACT OF 1979
administrative and regulatory authority
Sec. 15. (a) Under Secretary of Commerce.--[The President
shall appoint, by and with the advice and consent of the
Senate, an Under Secretary of Commerce for Export
Administration who shall carry out all functions of the
Secretary under this Act and such other statutes that relate to
national security which were delegated to the office of the
Assistant Secretary of Commerce for Trade Administration before
the date of the enactment of the Export Administration
Amendments Act of 1985, and such other functions under this Act
which were delegated to such office before such date of
enactment, as the Secretary may delegate.] The President shall
appoint, by and with the advice and consent of the Senate, two
Assistant Secretaries of Commerce to assist the Under Secretary
[in carrying out such functions] of Commerce for Industry and
Security in carrying out the functions of the Under Secretary.
* * * * * * *
----------
ARMS EXPORT CONTROL ACT
* * * * * * *
Chapter 1.--FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND
RESTRAINTS
* * * * * * *
Sec. 3. Eligibility.--(a) * * *
* * * * * * *
(c)(1)(A) No credits (including participations in credits)
may be issued and no guaranties may be extended for any foreign
country under this Act as hereinafter provided, if such country
uses defense articles or defense services furnished under this
Act, [or any predecessor Act,] 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 in
substantial violation (either in terms of quantities or in
terms of the gravity of the consequences regardless of the
quantities involved) of any agreement entered into pursuant to
any such Act (i) by using such articles or services for a
purpose not authorized under section 4 or, if such agreement
provides that such articles or services may only be used for
purposes more limited than those authorized under section 4 for
a purpose not authorized under such agreement; (ii) by
transferring such articles or services to, or permitting any
use of such articles or services by, anyone not an officer,
employee, or agent of the recipient country without the consent
of the President; or (iii) by failing to maintain the security
of such articles or services.
(B) No cash sales or deliveries pursuant to previous sales
may be made with respect to any foreign country under this Act
as hereinafter provided, if such country uses defense articles
or defense services furnished under this Act, [or any
predecessor Act,] , 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 in
substantial violation (either in terms of quantity or in terms
of the gravity of the consequences regardless of the quantities
involved) of any agreement entered into pursuant to any such
Act by using such articles or services for a purpose not
authorized under section 4 or, if such agreement provides that
such articles or services may only be used for purposes more
limited than those authorized under section 4, for a purpose
not authorized under such agreement.
(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.
* * * * * * *
(e) If the President receives any information that a transfer
of any defense article, or related training or other defense
service, has been made without his consent as required under
this section or under section 505 of the Foreign Assistance Act
of 1961, 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, he shall report such
information immediately to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
* * * * * * *
Chapter 2.--FOREIGN MILITARY SALES AUTHORIZATIONS
* * * * * * *
Sec. 21. Sales From Stocks.--(a) * * *
* * * * * * *
(h)(1) * * *
(2) In carrying out the objectives of this section, the
President is authorized to provide cataloging data and
cataloging services, without charge, to the North Atlantic
Treaty Organization [or to any member government of that
Organization if that Organization or member government], 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 provides such data and services in accordance with an
agreement on a reciprocal basis, without charge, to the United
States Government.
* * * * * * *
Sec. 25. Annual Estimate and Justification for Sales
Program.--(a) Except as provided in subsection (d) of this
section, no later than February 1 of each year, the President
shall transmit to the appropriate congressional committees, as
a part of the annual presentation materials for security
assistance programs proposed for the next fiscal year, a report
which sets forth--
(1) an Arms Sales Proposal covering all sales and
licensed commercial exports under this Act of major
weapons or weapons-related defense equipment for
$7,000,000 or more (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),
or of any other weapons or weapons-related defense
equipment for $25,000,000 or more, which are considered
eligible for approval during the current calendar year,
together with an indication of which sales and licensed
commercial exports are deemed most likely actually to
result in the issuance of a letter of offer or of an
export license during such year;
* * * * * * *
CHAPTER 3.--MILITARY EXPORT CONTROLS
* * * * * * *
Sec. 36. Reports on Commercial and Governmental Military
Exports; Congressional Action.--(a) * * *
* * * * * * *
(c)(1) Subject to paragraph (5), in the case of an
application by a person (other than with regard to a sale under
section 21 or section 22 of this Act) for a license for the
export of any major defense equipment sold under a contract in
the amount of $14,000,000 or more or of defense articles or
defense services sold under a contract in the amount of
$50,000,000 or more (or, in the case of a defense article that
is a firearm controlled under category I of the United States
Munitions List, $1,000,000 or more, 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),
before issuing such license the President shall transmit to the
Speaker of the House of Representatives and to the chairman of
the Committee on Foreign Relations of the Senate an
unclassified numbered certification with respect to such
application specifying (A) the foreign country or international
organization to which such export will be made, (B) the dollar
amount of the items to be exported, and (C) a description of
the items to be exported. Each such numbered certification
shall also contain an item indicating whether any offset
agreement is proposed to be entered into in connection with
such export and a description of any such offset agreement. In
addition, the President shall, upon the request of such
committee or the Committee on Foreign Affairs of the House of
Representatives, transmit promptly to both such committees a
statement setting forth, to the extent specified in such
request a description of the capabilities of the items to be
exported, an estimate of the total number of United States
personnel expected to be needed in the foreign country
concerned in connection with the items to be exported and an
analysis of the arms control impact pertinent to such
application, prepared in consultation with the Secretary of
Defense. In a case in which such articles or services listed on
the Missile Technology Control Regime Annex are intended to
support the design, development, or production of a Category I
space launch vehicle system (as defined in section 74), such
report shall include a description of the proposed export and
rationale for approving such export, including the consistency
of such export with United States missile nonproliferation
policy. A certification transmitted pursuant to this subsection
shall be unclassified, except that the information specified in
clause (B) and the details of the description specified in
clause (C) may be classified if the public disclosure thereof
would be clearly detrimental to the security of the United
States, in which case the information shall be accompanied by a
description of the damage to the national security that could
be expected to result from public disclosure of the
information.
(2) Unless the President states in his certification that an
emergency exists which requires the proposed export in the
national security interests of the United States, a license for
export described in paragraph (1)--
(A) * * *
[(B) in the case of a license for an export of a
commercial communications satellite for launch from,
and by nationals of, the Russian Federation, Ukraine,
or Kazakhstan, shall not be issued until at least 15
calendar days after the Congress receives such
certification, and shall not be issued then if the
Congress, within that 15-day period, enacts a joint
resolution prohibiting the proposed export; and]
[(C)] (B) in the case of any other license, shall not
be issued until at least 30 calendar days after the
Congress receives such certification, and shall not be
issued then if the Congress, within that 30-day period,
enacts a joint resolution prohibiting the proposed
export.
* * * * * * *
(5) In the case of an application by a person (other than
with regard to a sale under section 21 or 22 of this Act) for a
license for the export to 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 limitations
on the issuance of the license set forth in paragraph (1) or
paragraph (2) shall apply only if the license is for export
of--
(A) * * *
* * * * * * *
(d)(1) * * *
* * * * * * *
(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. 38. Control of Arms Exports and Imports.--(a)(1) In
furtherance of world peace and the security and foreign policy
of the United States, the President is authorized to control
the import and the export of defense articles and defense
services, 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, and to provide foreign policy guidance to persons of
the United States involved in the export and import of such
articles and services. The President is authorized to designate
those items which shall be considered as defense articles and
defense services for the purposes of this section and to
promulgate regulations for the import and export of such
articles and services. The items so designated shall constitute
the United States Munitions List.
(b)(1)(A) * * *
(B) A copy of each registration made under this paragraph
shall be transmitted to the Secretary of the Treasury and the
Director of the Federal Bureau of Investigation for review
regarding law enforcement concerns. The Secretary and the
Director shall report to the President regarding such concerns
as necessary.
[(B)] (C) The prohibition under such regulations required by
the second sentence of subparagraph (A) shall not extend to any
military firearms (or ammunition, components, parts,
accessories, and attachments for such firearms) of United
States manufacture furnished to any foreign government by the
United States under this Act or any other foreign assistance or
sales program of the United States if--
(i) * * *
* * * * * * *
(2) Except as otherwise specifically provided in regulations
issued under subsection (a)(1), no defense articles or defense
services designated by the President under subsection (a)(1)
may be exported or imported without a license for such export
or import, issued in accordance with this Act and regulations
issued under this Act, except that no license shall be required
for exports or imports made by or for an agency of the United
States Government (A) for official use by a department or
agency of the United States Government, or (B) for carrying out
any foreign assistance or sales program authorized by law and
subject to the control of the President by other means. 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.
* * * * * * *
(c) Any person who [willfully] knowingly violates any
provision of [this section or section 39] this section, section
39, or section 40, or any rule or regulation issued under
either section, or who [willfully] knowingly, in a registration
or license application or required report, makes any untrue
statement of a material fact or omits to state a material fact
required to be stated therein or necessary to make the
statements therein not misleading, shall upon conviction be
fined for each violation not more than [$1,000,000] $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), or imprisoned not more than ten years, or both.
* * * * * * *
(e) In carrying out functions under this section with respect
to the export of defense articles and defense services, the
President is authorized to exercise the same powers concerning
violations and enforcement which are conferred upon
departments, agencies and officials by subsections (c), (d),
(e), and (g) of section 11 of the Export Administration Act of
1979, and by subsections (a) and (c) of section 12 of such Act,
subject to the same terms and conditions as are applicable to
such powers under such Act, except that section 11(c)(2)(B) of
such Act shall not apply, and instead, as prescribed in
regulations issued under this section, the Secretary of State
may assess civil penalties for violations of this Act and
regulations prescribed thereunder and further may commence a
civil action to recover such civil penalties, and except
further that the names of the countries and the types and
quantities of defense articles for which licenses are issued
under this section shall not be withheld from public disclosure
unless the President determines that the release of such
information would be contrary to the national interest, 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. Nothing in
this subsection shall be construed as authorizing the
withholding of information from the Congress. Notwithstanding
section 11(c) of the Export Administration Act of 1979, the
civil penalty for each violation involving controls imposed on
the export of defense articles and defense services [under this
section may not exceed $500,000] n 11(c) of the Export
Administration Act of 1979, the civil penalty for each
violation involving controls imposed on the export of defense
articles and defense services [under this section may not
exceed $500,000] 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).
(f)(1) * * *
* * * * * * *
(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.
(g)(1) The President shall develop appropriate mechanisms to
identify, in connection with the export licensing process under
this section--
(A) persons who are the subject of an indictment for,
or have been convicted of, a violation under--
(i) * * *
* * * * * * *
(iii) section 793, 794, or 798 of title 18,
United States Code (relating to espionage
involving defense or classified information)
[or section 2339A], section 2339A of such title
(relating to providing material support to
terrorists), or section 2339C of such title
(relating to financing terrorism),
* * * * * * *
(x) section 601 of the National Security Act
of 1947 (relating to intelligence identities
protection; 50 U.S.C. 421), [or]
(xi) section 603 (b) or (c) of the
Comprehensive Anti-Apartheid Act of 1986 (22
U.S.C. 5113 (b) and (c))[;],
(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;
* * * * * * *
(3) If the President determines--
(A) * * *
* * * * * * *
the President may disapprove the application. The President
shall consider requests by the Secretary of the Treasury and
the Director of the Federal Bureau of Investigation to
disapprove any export license application based on these
criteria.
(4) A license to export an item on the United States
Munitions List may not be issued to a person--
(A) * * *
* * * * * * *
except as may be determined on a case-by-case basis by the
President, after consultation with the Secretary of the
Treasury and the Director of the Federal Bureau of
Investigation, after a thorough review of the circumstances
surrounding the conviction or ineligibility to export and a
finding by the President that appropriate steps have been taken
to mitigate any law enforcement concerns.
* * * * * * *
(7) The President shall, in coordination with law enforcement
and national security agencies, develop standards for
identifying high-risk exports for regular end-use verification.
These standards shall be published in the Federal Register and
the initial standards shall be published not later than October
1, 1988. 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.
(8) Upon request of the Secretary of State, the Secretary of
Defense and the Secretary of the Treasury and the Director of
the Federal Bureau of Investigation shall detail to the office
primarily responsible for export licensing functions under this
section, on a nonreimbursable basis, personnel with appropriate
expertise to assist in the initial screening of applications
for export licenses under this section in order to determine
the need for further review of those applications for foreign
policy, national security, and law enforcement concerns.
* * * * * * *
(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.
* * * * * * *
Sec. 40. Transactions with Countries Supporting Acts of
International Terrorism.
(a) * * *
* * * * * * *
(j) Criminal Penalty.--Any person who [willfully] knowingly
violates this section shall be fined for each violation not
more than [$1,000,000] $2,000,000, imprisoned not more than 10
years, or both.
(k) Civil Penalties; Enforcement.--In the enforcement of this
section, the President is authorized to exercise the same
powers concerning violations and enforcement which are
conferred upon departments, agencies, and officials by sections
11(c), 11(e), 11(g), and 12(a) of the Export Administration Act
of 1979 (subject to the same terms and conditions as are
applicable to such powers under that Act), except that section
11(c)(2)(B) of such Act shall not apply, and instead, as
prescribed in regulations issued under this section, the
Secretary of State may assess civil penalties for violations of
this Act and regulations prescribed thereunder and further may
commence a civil action to recover such civil penalties, and
except further that, notwithstanding section 11(c) of that Act,
the civil penalty for each violation of this section may not
exceed [$500,000] $1,000,000.
(l) Definitions.--As used in this section--
(1) the term ``munitions item'' means [any item
enumerated on the United States Munitions list] 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)
(without regard to whether the item is imported into or
exported from the United States);
* * * * * * *
CHAPTER 3A--END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES
* * * * * * *
Sec. 47. Definitions.--For purposes of this Act, the term--
(1) * * *
* * * * * * *
[(7) ``defense articles and defense services'' means, with
respect to commercial exports subject to the provisions of
section 38 of this Act, those items designated by the President
pursuant to subsection (a)(1) of such section;]
(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).
* * * * * * *
CHAPTER 6--LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY FOR
COOPERATIVE RESEARCH AND DEVELOPMENT PURPOSES
* * * * * * *
Sec. 65. Loan of Materials, Supplies, and Equipment for
Research and Development Purposes.--(a)(1) Except as provided
in subsection (c), the Secretary of Defense may loan to a
country that is a NATO or major non-NATO ally or a friendly
foreign country materials, supplies, or equipment for the
purpose of carrying out a program of cooperative research,
development, testing, or evaluation. The Secretary may accept
as a loan or a gift from a country that is a NATO or major non-
NATO ally or a friendly foreign country materials, supplies, or
equipment for such purpose.
* * * * * * *
[(d) For purposes of this section, the term ``NATO ally''
means a member country of the North Atlantic Treaty
Organization (other than the United States).]
(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.
* * * * * * *
CHAPTER 7--CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECHNOLOGY
* * * * * * *
SEC. 73. TRANSFERS OF MISSILE EQUIPMENT OR TECHNOLOGY BY FOREIGN
PERSONS
(a) Sanctions.--(1) * * *
(2) The sanctions which apply to a foreign person under
paragraph (1) are the following:
(A) If the item involved in the export, transfer, or
trade is within category II of the MTCR Annex, then the
President shall deny, for a period of [2] 4 years--
(i) * * *
* * * * * * *
(B) If the item involved in the export, transfer, or
trade is within category I of the MTCR Annex, then the
President shall deny, for a period of not less than [2]
4 years--
(i) * * *
* * * * * * *
or production of missiles in a country that is not an
MTCR adherent, then the President shall prohibit, for a
period of not less than [2] 4 years, the importation
into the United States of products produced by that
foreign person.
(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.
* * * * * * *
(e) Waiver and Report to Congress.--(1) * * *
(2) In the event that the President decides to apply the
waiver described in paragraph (1), the President shall so
notify the Committee on Armed Services and the Committee on
Foreign Relations of the Senate and the Committee on National
Security and the Committee on International Relations of the
House of Representatives not less than 45 working days before
issuing the waiver. Such notification shall include a report
fully articulating the rationale and circumstances which led
the President to apply the waiver. 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.
* * * * * * *
SEC. 74. DEFINITIONS
(a) In General.--For purposes of this chapter--
(1) * * *
* * * * * * *
[(8)(A) the term ``person'' means a natural person as
well as a corporation, business association,
partnership, society, trust, any other nongovernmental
entity, organization, or group, and any governmental
entity operating as a business enterprise, and any
successor of any such entity; and]
(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
* * * * * * *
----------
SECURITY ASSISTANCE ACT OF 2000
* * * * * * *
TITLE V--INTEGRATED SECURITY ASSISTANCE PLANNING
* * * * * * *
Subtitle B--Allocations for Certain Countries
* * * * * * *
SEC. 513. ASSISTANCE FOR ISRAEL.
(a) * * *
(b) ESF Assistance.--
(1) In general.--Of the amounts made available for
each of the fiscal years [2002 and 2003] 2003 through
2005 for ESF assistance, the amount specified in
paragraph (2) for each such fiscal year is authorized
to be made available for Israel. Such funds are
authorized to be made available on a grant basis as a
cash transfer.
* * * * * * *
(c) FMF Program.--
(1) In general.--Of the amount made available for
each of the fiscal years [2002 and 2003] 2003 through
2005 for assistance under the Foreign Military
Financing Program, the amount specified in paragraph
(2) for each such fiscal year is authorized to be made
available on a grant basis for Israel.
* * * * * * *
(3) Disbursement of funds.--Funds authorized to be
available for Israel under subsection (b)(1) and
paragraph (1) of this subsection for fiscal years [2002
and 2003] 2004 and 2005 shall be disbursed not later
than 30 days after the date of enactment of an Act
making appropriations for foreign operations, export
financing, and related programs for fiscal year [2002]
2004, and not later than 30 days after the date of
enactment of an Act making appropriations for foreign
operations, export financing, and related programs for
fiscal year [2003] 2005, or October 31 of the
respective fiscal year, whichever is later..
(4) Availability of funds for advanced weapons
systems.--To the extent the Government of Israel
requests that funds be used for such purposes, grants
made available for Israel out of funds authorized to be
available under paragraph (1) for Israel for fiscal
years [2002 and 2003] 2003 through 2005 shall, as
agreed by Israel and the United States, be available
for advanced weapons systems, of which not less than
[$535,000,000 for fiscal year 2002 and not less than
$550,000,000 for fiscal year 2003] $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 shall be available for the procurement in
Israel of defense articles and defense services,
including research and development.
* * * * * * *
SEC. 514. ASSISTANCE FOR EGYPT.
(a) * * *
(b) ESF Assistance.--
(1) In general.--Of the amounts made available for
each of the fiscal years [2002 and 2003] 2003 through
2005 for ESF assistance, the amount specified in
paragraph (2) for each such fiscal year is authorized
to be made available for Egypt.
* * * * * * *
(c) FMF Program.--Of the amount made available for each of
the fiscal years [2002 and 2003] 2003 through 2005 for
assistance under the Foreign Military Financing Program,
$1,300,000,000 is authorized to be made available on a grant
basis for Egypt.
* * * * * * *
(e) Disbursement of Funds.--Funds estimated to be outlayed
for Egypt under subsection (c) during fiscal years [2002 and
2003] 2004 and 2005 shall be disbursed to an interest-bearing
account for Egypt in the Federal Reserve Bank of New York not
later than 30 days after the date of enactment of an Act making
appropriations for foreign operations, export financing, and
related programs for fiscal year [2002] 2004, and not later
than 30 days after the date of enactment of an Act making
appropriations for foreign operations, export financing, and
related programs for fiscal year [2003] 2005, or by October 31
of the respective fiscal year, whichever is later, provided
that--
(1) * * *
* * * * * * *
----------
AFGHANISTAN FREEDOM SUPPORT ACT OF 2002
* * * * * * *
TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN
* * * * * * *
SEC. 103. AUTHORIZATION OF ASSISTANCE.
(a) In General.--Notwithstanding [section 512 of Public Law
107-115 or any other similar] any other provision of law, the
President is authorized to provide assistance for Afghanistan
for the following activities:
(1) * * *
* * * * * * *
TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZATIONS
* * * * * * *
SEC. 207. RELATIONSHIP TO OTHER AUTHORITY.
(a) * * *
(b) Laws Restricting Authority.--Assistance under this title
to the Government of Afghanistan may be provided
notwithstanding [section 512 of Public Law 107-115 or any
similar] any other provision of law.
* * * * * * *
----------
SECTION 664 OF THE FREEDOM INVESTMENT ACT OF 2002
SEC. 664. HUMAN RIGHTS AND DEMOCRACY FUND.
(a) * * *
* * * * * * *
(c) Funding.--
(1) In general.--Of the amounts made available to
carry out chapter 4 of part II of the Foreign
Assistance Act of 1961 [for fiscal year 2003,
$21,500,000 is] for each of the fiscal years 2003
through 2005, $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 authorized to be
available to the Fund for carrying out the purposes
described in subsection (b). Amounts made available to
the Fund under this paragraph shall also be deemed to
have been made available under section 116(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(e)).