[House Report 108-206]
[From the U.S. Government Publishing Office]
108th Congress Report
1st Session HOUSE OF REPRESENTATIVES 108-206
======================================================================
PROVIDING FOR CONSIDERATION OF H.R. 1950, FOREIGN RELATIONS
AUTHORIZATION ACT, FISCAL YEARS 2004 AND 2005
_______
July 14, 2003.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Lincoln Diaz-Balart, from the Committee on Rules, submitted the
following
R E P O R T
[To accompany H. Res. 316]
The Committee on Rules, having had under consideration
House Resolution 316, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1950, the
Foreign Relations Authorization Act, Fiscal Years 2004 and
2005, under a structured rule. The rule provides one hour of
general debate equally divided and controlled by the chairman
and ranking minority member of the Committee on International
Relations. The rule waives all points of order against
consideration of the bill.
The rule provides that the amendment in the nature of a
substitute recommended by the Committee on International
Relations now printed in the bill modified by the amendments
recommended by the Committees on Armed Services and Energy and
Commerce also printed in the bill shall be considered as an
original bill for the purpose of amendment and shall be
considered as read. The rule waives all points of order against
the amendment in the nature of a substitute recommended by the
Committee on International Relations modified by the amendments
recommended by the Committees on Armed Services and Energy and
Commerce.
The rule makes in order only those amendments printed in
this report and en bloc amendments as described in section 2 of
the resolution. The rule provides that amendments shall be
considered only in the order specified in this report (except
as specified in section 3 of the resolution), may be offered
only by a Member designated in this report, shall be debatable
for the time specified in this report equally divided and
controlled by the proponent and an opponent shall not be
subject to amendment except as specified in this report, shall
be considered as read, and shall not be subject to a demand for
division of the question in the House or in the Committee of
the Whole.
The rule waives all points or order against amendments
printed in this report and against en bloc amendments as
described in section 2 of the resolution. The rule authorizes
the chairman of the Committee on International Relations or his
designee to offer amendments en bloc consisting of amendments
printed in this report, which shall be considered as read,
shall be debatable for 20 minutes equally divided and
controlled between the chairman and ranking minority member of
the Committee on International Relations or their designees,
and shall not be subject to amendment or demand for a division
of the question. The rule provides that the original proponent
of an amendment included in such amendments en bloc may insert
a statement in the Congressional Record immediately before the
disposition of the amendments en bloc.
The rule allows the Chairman of the committee of the whole
to recognize for the consideration of any amendment printed in
the report out of the order printed, but not sooner than one
hour after the chairman of the Committee on International
Relations or a designee announces from the floor a request to
that effect.
Finally, the rule provides one motion to recommit with or
without instructions.
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee Record Vote No. 160
Date: July 14, 2003.
Measure: H.R. 1950--Foreign Relations Authorization Act,
Fiscal Years 2004 and 2005.
Motion by: Mr. Frost.
Summary of motion: To make in order the amendment offered
by Representative Menendez expressing the sense of Congress
that asks the Administration to conclude a comprehensive
migration agreement with Mexico, and that the Administration
should submit legislation to Congress based on such an accord
that would encourage new and realistic approaches to migration
to ensure it is safe, orderly, legal, and dignified.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Sessions--Nay; Reynolds--Nay;
Frost--Yea; Slaughter--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee Record Vote No. 161
Date: July 14, 2003.
Measure: H.R. 1950--Foreign Relations Authorization Act,
Fiscal Years 2004 and 2005.
Motion by: Mr. Frost.
Summary of motion: To make in order the amendment offered
by Representative Schiff expressing the sense of Congress
calling for a thorough and expeditious joint investigation by
the Inspector General of the Department of State and the
Inspector General of the Central Intelligence Agency into the
documents or other materials that the President relied on to
conclude that Iraq had attempted to obtain uranium from Africa.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Sessions--Nay; Reynolds--Nay;
Frost--Yea; Slaughter--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee Record Vote No. 162
Date: July 14, 2003.
Measure: H.R. 1950--Foreign Relations Authorization Act,
Fiscal Years 2004 and 2005.
Motion by: Mrs. Slaughter.
Summary of motion: To make in order the amendment offered
by Representative Menendez expressing the sense of Congress
that the United States should demonstrate international
leadership in mitigating the threat of global warming by
participating in international negotiations on climate change
to reduce greenhouse gases internationally.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Sessions--Nay; Reynolds--Nay;
Frost--Yea; Slaughter--Yea; Hastings (FL)--Yea; Drier--Nay.
Rules Committee Record Vote No. 163
Date: July 14, 2003.
Measure: H.R. 1950--Foreign Relations Authorization Act,
Fiscal Years 2004 and 2005.
Motion by: Mrs. Slaughter.
Summary of motion: To make in order the amendment offered
by Representative Waxman expressing the sense of Congress
concerning Holocaust-era insurance restitution and the need for
insurance companies participating in the International
Commission on Holocaust-era Insurance Claims (ICHEIC) to
publish policyholder lists for Holocaust survivors and their
families to use to file effective claims.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Sessions--Nay; Reynolds--Nay;
Frost--Yea; Slaughter--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee Record Vote No. 164
Date: July 14, 2003.
Measure: H.R. 1950--Foreign Relations Authorization Act,
Fiscal Years 2004 and 2005.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order the following
amendments en bloc: Andrews No. 39; Andrews No. 40; Andrews No.
42; Andrews No. 70; Walsh No. 2; Engel No. 57; Engel No. 58;
Lee No. 48; Maloney No. 55; Menendez No. 68; Palllone No. 65;
and Sherman No. 13.
Results: Defeated 4 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Sessions--Nay; Reynolds--Nay;
Frost--Yea; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea;
Dreier--Nay.
Rules Committee Record Vote No. 165
Date: July 14, 2003.
Measure: H.R. 1950--Foreign Relations Authorization Act,
Fiscal Years 2004 and 2005.
Motion by: Mr. Hastings of Florida
Summary of motion: To make in order the amendment offered
by Representative McCollum as an amendment to the amendment
offered by Representatives Hyde and Lantos (No. 10).
Results: Defeated 4 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Sessions--Nay; Reynolds--Nay;
Frost--Yea; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea;
Dreier--Nay.
Rules Committee Record Vote No. 166
Date: July 14, 2003.
Measure: H.R. 1950--Foreign Relations Authorization Act,
Fiscal Years 2004 and 2005.
Motion by: Mr. Goss.
Summary of motion: To reconsider the vote on the motion
offered by Mrs. Slaughter to make in order the amendment
offered by Representatives Tauscher and Bereuter, which was
previously defeated by a voice vote.
Results: Agreed to 12 to 0.
Vote by Members: Goss--Yea; Linder--Yea; Pryce--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Reynolds--Yea;
Frost--Yea; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea;
Dreier--Yea.
Rules Committee Record Vote No. 167
Date: July 14, 2003.
Measure: H.R. 1950--Foreign Relations Authorization Act,
Fiscal Years 2004 and 2005.
Motion by: Mr. Goss.
Summary of motion: To not make in order the amendment
offered by Representative Tauscher, which calls on the United
Nations to put in place broad U.N. Security Council authority
to help the people of Iraq and to share the burden with the
United States of reconstructing and stabilizing Iraq.
Results: Agreed to 8 to 4.
Vote by Members: Goss--Yea; Linder--Yea; Pryce--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Reynolds--Yea;
Frost--Nay; Slaughter--Nay; McGovern--Nay; Hastings (FL)--Nay;
Dreier--Yea.
SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE
(Summaries of amendments derived from information provided
by the sponsor.)
1. Smith (NJ)/Oberstar/Hyde: Strikes the Crowley amendment
on United Nations Population Fund (UNFPA) that was adopted in
committee and returns the underlying legislation to a neutral
position on UNFPA. Eliminates the additional $25 million in
funding for UNFPA that the Crowley amendment added. (40
Minutes)
2. Hyde/Lantos: Authorizes the establishment of a new
program of foreign assistance for countries that meet and
maintain certain eligibility criteria. Authorizes and expands
the Peace Corps. The Millennium Challenge Authorization Act
authorizes a new program of assistance ($1.3 billion in FY04,
$3 billion in FY05, and $5 billion FY06) for eligible countries
for programs that help such countries achieve lasting economic
growth and poverty reduction. The assistance would be
administered by the Millennium Challenge Corporation, a new
government-owned corporation. The Peace Corps Expansion Act
contains a Congressional declaration of policy in support of
the goal announced by the President of doubling the number of
Peace Corps volunteers to 14,000 by 2007. Authorizes $366.8
million in FY04, $411.8 million in FY05, $455.9 million in
FY06, and $499.4 million in FY07 for the Peace Corps. (20
Minutes)
3. Kennedy (MN): Amendment to the amendment offered by Mr.
Hyde and Mr. Lantos. Clarifies that both public and private
sector expenditures should be taken into account when
considering eligibility for the Millennium Challenge Account,
not solely government spending. (10 Minutes)
4. Kolbe: Amendment to the amendment offered by Mr. Hyde
and Mr. Lantos. Accelerates when lower middle income countries
could be eligible for Millennium Challenge Account
appropriations, subject to same overall limitation requirement.
Would permit lower middle income countries to receive funding
in fiscal year 2004 and 2005. (20 Minutes)
5. Kolbe: Amendment to the amendment offered by Mr. Hyde
and Mr. Lantos. Clarifies the role of USAID and its
relationship with the Millennium Challenge Corporation (MCC).
Clarifies that both the MCC and USAID should be authorized to
receive appropriated funds directly; benefit from transparent
reporting and policy lines of authority to the President and
Secretary of State; and work together in implementing the MCA
vision. (10 Minutes)
6. Paul: Prohibits funds authorized under this act to be
used to pay any U.S. contribution to the United Nations or any
affiliated agency of the United Nations. (10 Minutes)
7. Hayworth: Limits the U.S. contribution to the U.N.
regular budget (contributions to other U.N. programs would not
be affected) to an amount to greater than that paid by any
other permanent Security Council member. (10 Minutes)
8.Tauscher/Bereuter: Allows exporters of commercial
communications satellites to share marketing information with
respective customers in NATO countries, and in Japan,
Australia, and New Zealand. Would not allow the transfer of any
sensitive encryption and/or source code data, detailed design
data, engineering analysis, or manufacturing know-how. (10
Minutes)
9. Rohrabacher: Permits the President, in the case of
exports to NATO countries and major non-NATO allies only, to
revise the regulations for the export of satellites as he sees
fit. Same version that was adopted in committee and later
struck. (10 Minutes)
10. Menendez: Prohibits foreign assistance to support
energy-related projects in the States of Tail Nadu, India. (10
Minutes)
11. Weldon (PA): Provides that funds to Moldova shall not
be made available unless the President of the United States
determines that the government of Moldova has met its
obligations with respect to investments made by United States
citizens in the Aroma factory in Moldova. (10 Minutes)
12. Manzullo: Requires that no funds authorized under the
bill be used for procurement, subject to the Buy American Act,
be spent to acquire articles, materials, and supplies
manufactured in the United States that do not have at least 65
percent, rather than the present 50 percent, domestic content.
The same requirement is applicable to contracts for
construction, alteration, and repair of any public building or
public work funded by the bill. (10 Minutes)
13. Crowley: Re-authorizes the Voice of America (VOA)
Modernization Program Contractor Requirements and makes them
applicable to all new International Broadcasting Bureau (IBB)
competitive programs. (10 Minutes)
14. Schiff: Expresses the sense of Congress calling for the
expeditious issuance of visas to the extent possible and
consistent with national security objectives for Russian
weapons scientists involved in arms control and non-
proliferation exchanges in the United States. (10 Minutes)
15. Schakowsky: Expresses the sense of Congress that the
State Department should provideadequate resources to U.S.
embassies and consulates in order to meet the workoad requirements for
visa application processing. (10 Minutes)
16. Gallegly: Eliminates requirement that designations of
foreign terrorist organizations (FTOs) lapse after two years
unless renewed by the Secretary of State. Institutes procedures
allowing FTOs to petition the Secretary every two years to have
their designations revoked. In the event that in any four year
period an entity designated as a FTO does not petition to have
its designation revoked, the Secretary would be required to
review the entity's designation and determine whether the
designation should be revoked. Establishes a 180-day deadline
for the Secretary to complete reviews of certain FTO
designations. Allows the Secretary to amend an entity's
designation as a FTO to take account of aliases or different
names used by the entity after it is designated, without the
need to create a separate administrative record for such an
amendment. (10 Minutes)
17. Hostettler/Gallegly/Tancredo: Provides the Secretary of
State with the authority to regulate the issuance of consular
identification cards by foreign missions in the United States.
Directs the Secretary of State to issue regulations requiring
foreign missions to: issue consular identification cards only
to bona fide nations of the issuing country; maintain accurate
records of all such cards issued; require recipients of such
cards to notify the mission of address changes; notify the
Secretary of each such card issued in the United States,
including the recipient's name and address; and make records of
such cards issued available for audit and review by the State
Department at the Secretary's request. Where the Secretary
determines that a foreign mission's violation of the
aforementioned regulations potentially threatens the security
of the United States or facilitates criminal or fraudulent
acts, directs Secretary to notify the government of the mission
to suspend issuance of consular cards until compliance with the
regulations is established. If the foreign mission fails to
suspend issuance in response to such notice, directs Secretary
to stop issuing non-immigrant and/or immigrant visa to
nationals of the country until Secretary determines mission is
in compliance with its regulations. (10 Minutes)
18. Burton: Extends State Department authority to deny
visas to extended family of abductors. Requires the State
Department to submit an Annual Report to Congress regarding the
measures that they have taken on international child abduction
on a country-by-country basis. Requires the State Department to
send notices regarding child abduction cases to countries where
they are believed to be abducted to. Requires the Secretary to
set forth guidelines on how Department of State personnel treat
abducted persons who seek asylum. (10 Minutes)
19. Ackerman/King (NY): Raises the authorized level for
reimbursement to localities for servicesprovided for the
protection of foreign missions and officials from $25 million in each
of fiscal year 2004 and 2005. Also authorizes the State Department to
pay $30.6 million in back payments for expenses incurred since 1999.
Authorizes the State Department to reprogram up to $5 million for these
purposes. (10 Minutes)
20. Ackerman: Makes it a misdemeanor crime to obstruct,
resist or interfere with a federal law enforcement officer who
is acting in the performance of the protective functions
authorized by the State Department Basic Authorities Act of
1956. (10 Minutes)
21. Andrews: Expresses the grave concerns of Congress
regarding the People's Republic of China's deployment of
hundreds of ballistic missiles directed towards Taiwan. Calls
upon the President of the United States to direct all
appropriate U.S. officials to raise these concerns with PRC
officials, and seek renunciation from all leaders of the PRC of
any threat or use of force against Taiwan. Calls upon the
President to authorize the sale of the Aegis missile defense
system to Taiwan if China refuses the dismantle the missiles in
question. Reaffirms that the future of Taiwan should determined
peacefully and with the expressed consent of the Taiwanese
people. (10 Minutes)
22. Bereuter: Expresses the sense of Congress that the
President should consider requesting that NATO raise a force
for deployment in post-war Iraq and that other nations
contribute troops to stabilize and rebuild Iraq. (10 Minutes)
23. Bordallo: Would include the territories and possessions
within the geographic definition of the United States for the
purposes of allowing State Department personal from Guam to be
able to transfer back home from a foreign area posture. (10
Minutes)
24. Brown (OH)/Chabot/Rohrabacer/Wexler: Directs the
Secretary of State to submit an unclassified report to Congress
describing the plan of the United States to endorse and obtain
observer status for Taiwan at the annual week-long summit of
the World Health Assembly held by the World Health Organization
(WHO) in May of each year in Geneva, Switzerland. (10 Minutes)
25. Crane: Offers Congress' condolences to the loved ones
of those innocent Americans that have been killed in Israel,
and calls on the Palestinian Authority to work with Israel to
protect all innocent people (regardless of citizenship) from
terrorist violence. Requires that the State Department include
the killing of every American by terrorists in its annual
``Chronology of Significant Terrorist Incidents,'' as reported
in the Patterns of Global Terrorism report. (10 Minutes)
26. Hunter/Cunningham/Davis (CA): Expresses the sense of
Congress that the International Boundary and Water Commission
shall make treaty negotiations with Mexico on the establishment
of a public-private partnership to construct and operate a
wastewater treatment facility in Mexico as outlined in P.L.
106-457 a priority. Specifies that the International Boundary
and Water Commission shall keep the Congress fully informed on
the progress of their negotiations with monthly reports to the
authorizing committees. (10 Minutes)
27. Hyde: Authorizes the transfer of certain surplus naval
vessels to five countries: Bahrain, Portugal, Brazil, Chile,
and Turkey, resulting in $65 million for the U.S. Treasury. (10
Minutes)
28. Hyde: Strikes Section 227 and provides the Secretary of
State with the authority to establish and implement a security
capital cost-sharing program which is designed to collect funds
from each agency to assist in the cost of building new secure
facilities. Starting in fiscal year 2005, the Secretary of
State is authorized to determine on an annual basis fees to be
collected from other government agencies that have personnel
assigned overseas in diplomatic facilities and to use such fees
to construct safe and secure new embassy compounds. The funds
generated by this new cost-sharing program are expected to
expedite the construction schedule for new secure facilities
shortening the average time from 26 years to 12 years. (10
Minutes)
29. Hyde: Makes technical corrections including correction
of a misspelled word; delete Section 208 which was repeated as
Section 230; provides the correct title to an Act; corrects
subparagraph lettering and numbering; strikes repetitive
language. (10 Minutes)
30. Lantos: Requires that any assistance provided under the
limited ``democratic policing'' exemption to section 660 of the
Foreign Assistance Act of 1961 may only be provided pursuant to
the notification procedures of Section 634A of the Foreign
Assistance Act of 1961. (10 Minutes)
31. Maloney/Lantos: Authorizes an Afghan Women's Fund of
not less than $22.5 million each year between fiscal year 2003
and 2005. The Fund would give special attention to programs
designed to increase women and girls' access to health care,
education, and income earning opportunities as well as to
programs to prevent trafficking in persons. Requires not less
than 15% of the Fund to support the programmatic activities and
organizational development of Afghan women-led non-governmental
organizations in each fiscal year from 2003 to 2005. (10
Minutes)
32. Rangel/Lee: Allows the addition of Antigua and Barbuda,
the Bahamas, Belize, Domnica, Grenada, Jamaica, Montserrat,
Saint Kitts and Nevis, Saint Vincent and the Grenadines, Saint
Lucia, Suriname, Trinidad and Tobago, and the Dominican
Republic to the list of countries eligible for assistance from
the HIV/AIDS Global Fund. (10 Minutes)
33. Sherman: Declares that it is the policy of the United
States that there be a free and fully democratic government in
Iran; that the United States supports transparent, fully
democracy in Iran; that the United States supports the right of
the Iranian people to choose their system of government through
an internationally monitored referendum; and that the United
States condemns the brutal treatment, imprisonment, and torture
of Iranian civilians expressing political dissent. (10 Minutes)
34. Smith (NJ): Prohibits an increase in non-humanitarian
U.S. assistance to Vietnam in fiscal year 2004 unless the
government makes substantial progress toward releasing
political and religious prisoners, respecting religious
freedom, allowing open access to the U.S. for its refugee
program, respecting the rights of ethnic minority groups in the
central highlands, is not acting in complicity with
organizations trafficking human persons. Authorizes $2 million
for each fiscal year 2004 and 2005 for non-governmental
organizations promoting universally recognized human rights in
Vietnam. Authorizes $9.1 million in fiscal year 2004 and $1.1
million in fiscal year 2005 to overcome Vietnamese jamming of
Radio Free Asia. Establishes cultural exchanges with Vietnam.
Extends U.S. refugee programs to Vietnamese who would have
previously been eligible but missed deadlines due to
circumstances beyond their control. Calls upon the Secretary of
State to issue and annual report on Vietnam's progress toward
freedom and democracy. (10 Minutes)
35. Souder: Requires all new embassies, consulates, and
other diplomatic buildings conform to and fit within the
architectural integrity of the neighborhood in which they are
located. (10 Minutes)
36. Stearns: Supports the role of the State Department as
the central authority for the Hague Convention on Inter-country
adoptions. (10 Minutes)
37. McKeon: Expresses the sense of Congress that the
Executive Branch of the Mexican Government should work closely
with the Mexican Supreme Court in order to persuade the court
to reconsider its October 2001 ruling so that the possibility
of a life imprisonment sentence would not interfere with the
timely extradition of criminal suspects form Mexico to the
United States. (10 Minutes)
38. Dreier/Stenholm: Expresses the sense of Congress that
the United States and Mexico should as soon as is practicable
commence negotiations in an attempt to reach a migration accord
that is as comprehensive as possible and which addresses the
key issues of concerns for both nations. Also expresses the
sense of Congress that as part of any migration agreement
between the U.S. and Mexico, the issues of the extradition of
violent criminals and law enforcement cooperation between the
two nations be addressed. Strikes the provision in Section 731
relating to Petroleos Mexicanos (PEMEX). (10 Minutes)
39. Walsh: Extends the Irish Peace Cultural and Training
Program Act of 1998 through 2008. The program provides for
admission into the United States of up to 4,000 young
disadvantaged aliens each fiscal year from designated counties
Northern Ireland and the Republic of Ireland suffering from
sectarian violence and high unemployment. (10 Minutes)
40. Collins: Provides for the transfer of a Vietnam-era
Cessna L-19D Bird Dog aircraft that is excess to the needs of
the State Department to the Army Aviation Heritage Foundation.
The conveyance shall be made by means of a conditional deed of
gift. (10 Minutes)
41. Waters: Requires the Secretary of the Treasury to
submit annual reports that describe the progress made in
modifying the Enhanced HIPC Initiative to provide deeper debt
relief to heavily indebted poor countries. (10 Minutes)
42. Hefley: Prohibits Indonesia from receiving
International Military Education and Training (IMET) funds
until the President certifies to the appropriate Congressional
committees that the Government of Indonesia and the Indonesian
Armed Forces are taking effective measures to determine
culpability for an August 2002 terrorist attack against ten
Americans, including cooperation with the Director of the FBI
in conducting a full investigation of the attack and criminally
prosecuting those responsible for the attack. (10 Minutes)
TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative Smith of New Jersey, or
His Designee, Debatable for 40 Minutes
In section 116(a) of the bill--
(1) after the first dollar amount, insert ``(reduced
by $25,000,000)''; and
(2) after the second dollar amount, insert ``(reduced
by $25,000,000)''.
Strike subsection (e) of section 116 of the bill.
----------
2. An Amendment To Be Offered by Representative Hyde of Illinois, or
His Designee, Debatable for 20 Minutes
Strike section 1 of the bill and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Millennium Challenge Account,
Peace Corps Expansion, and Foreign Relations Authorization Act
of 2003''.
Strike subsection (a) of section 2 of the bill and insert the
following:
(a) Organization of Act Into Divisions.--This Act is
organized into four divisions as follows:
(1) Division a.--Millennium Challenge Account Act of
2003.
(2) Division b.--Peace Corps Expansion Act of 2003.
(3) Division c.--Department of State Authorization
Act, Fiscal Years 2004 and 2005.
(4) Division d.--Defense Trade and Security
Assistance Reform Act of 2003.
Redesignate division A of the bill as division C of the bill
(and conform all titles, subtitles, and sections therein
accordingly, and make all other related technical and
conforming amendments).
Redesignate division B of the bill as division D of the bill
(and conform all titles, subtitles, and sections therein
accordingly, and make all other related technical and
conforming amendments).
Insert after section 3 of the bill the following two new
divisions (and conform the table of contents accordingly):
DIVISION A--MILLENNIUM CHALLENGE ACCOUNT
TITLE I--GENERAL PROVISIONS
SEC. 101. SHORT TITLE.
This division may be cited as the ``Millennium Challenge
Account Act of 2003''.
SEC. 102. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations
and the Committee on Appropriations of the
House of Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(2) Board.--The term ``Board'' means the Board of
Directors of the Corporation established pursuant to
section 303 of this Act.
(3) Compact.--The term ``Compact'' means the
Millennium Challenge Compact described in section 204
of this Act.
(4) Corporation.--The term ``Corporation'' means the
Millennium Challenge Corporation established under
section 301 of this Act.
(5) Council.--The term ``Council'' means the
Millennium Challenge Advisory Council established under
section 308 of this Act.
(6) Millennium development goals.--The term
``Millennium Development Goals'' means the key
development objectives described in the United Nations
Millennium Declaration, as contained in United Nations
General Assembly Resolution 55/2 (September 2000),
which aim to eradicate extreme poverty and hunger,
achieve universal primary education, promote gender
equality and empower women, reduce child mortality,
improve maternal health, combat HIV/AIDS, malaria, and
other infectious diseases, ensure environmental
sustainability, and develop a global partnership for
development.
SEC. 103. SUNSET.
All authorities under this division (other than title IV)
shall terminate on October 1, 2007.
TITLE II--MILLENNIUM CHALLENGE ASSISTANCE
SEC. 201. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) A principal objective of United States foreign
assistance programs, as stated in section 101 of the
Foreign Assistance Act of 1961, is the ``encouragement
and sustained support of the people of developing
countries in their efforts to acquire the knowledge and
resources essential to development and to build the
economic, political, and social institutions which will
improve the quality of their lives''.
(2) The expanding acceptance of free trade and open
markets and the spread of democracy and the rule of law
have brought a better way of life to an increasing
number of people in the world.
(3) Inequalities between men and women undermine
development and poverty-reduction efforts in
fundamental ways. A woman's limited access to resources
and restrictions on the exercise of her rights,
including the right to participate in social and
political processes, disables her from maximizing her
contribution to her family's health, education, and
general well-being.
(4) On March 14, 2002, the President noted the
successes of development assistance programs: ``The
advances of free markets and trade and democracy and
rule of law have brought prosperity to an ever-widening
circle of people in this world. During our lifetime,
per capita income in the poorest countries has nearly
doubled. Illiteracy has been cut by one-third, giving
more children a chance to learn. Infant mortality has
been almost halved, giving more children a chance to
live.''.
(5) Development is neither an easy process nor a
linear one. There are successes and there are failures.
Today, too many people are still living in poverty,
disease has eroded many of the economic and social
gains of previous decades, and many countries have not
adopted policies, for a variety of reasons, that would
enable them to compete in an open and equitable
international economic system.
(6) More countries and more people will be able to
participate in and benefit from the opportunities
afforded by the global economy if the following
conditions for sound and sustainable economic
development are met:
(A) Security.--Security is necessary for
economic development. Persistent poverty and
oppression can lead to hopelessness, despair,
and to failed states that become havens for
terrorists.
(B) Policies that support broad-based
economic growth.--Successful long-term
development can only occur through broad-based
economic growth that enables the poor to
increase their incomes and have access to
productive resources and services so that they
can lead lives of decency, dignity, and hope.
(C) Democracy and the rule of law.--
Democratic development, political pluralism,
and respect for internationally recognized
human rights are intrinsically linked to
economic and social progress. The ability of
people to participate in the economic and
political processes affecting their lives is
essential to sustained growth. The rule of law
and a commitment to fight corruption is also
critical to the development of a prosperous
society.
(D) Investments in people.--Economic growth
and democracy can be sustained only if both men
and women have the basic tools and capabilities
that foster the opportunity for participation
in the economic, social, and political life of
their countries. Successful development of
countries requires citizens who are literate,
healthy, and prepared and able to work.
(7) Economic assistance programs authorized under
part I of the Foreign Assistance Act of 1961, as
administered by the United States Agency for
International Development and other Federal agencies,
are of critical importance in assisting countries to be
in a position to maximize the effectiveness of
assistance authorized by this title.
(8) It is in the national interest of the United
States to help those countries that are implementing
the economic and political reforms necessary for
development to occur.
(9) On March 14, 2002, the President stated that the
``growing divide between wealth and poverty, between
opportunity and misery, is both a challenge to our
compassion and a source of instability . . . [w]e must
confront it . . . [w]e must include every African,
every Asian, every Latin American, every Muslim, in an
expanding circle of development.''.
(10) The President has pledged that funds requested
for the Millennium Challenge Account shall be in
addition to, and not a substitute for, existing
development and humanitarian programs.
(11) Development assistance alone is not sufficient
to stimulate economic growth and development.
Assistance has been shown to have a positive impact on
growth and development in developing countries with
sound policies and institutions. If countries have poor
policies and institutions, however, it is highly
unlikely that assistance will have a net positive
effect.
(12) Economic development, and the achievement of the
Millennium Development Goals, must be a shared
responsibility between donor and recipient countries.
(b) Statement of Policy Regarding a New Compact for Global
Development.--It is, therefore, the policy of the United States
to support a new compact for global development that--
(1) increases support by donor countries to those
developing countries that are fostering democracy and
the rule of law, investing in their people, and
promoting economic freedom for all their people;
(2) recognizes, however, that it is the developing
countries themselves that are primarily responsible for
the achievement of those goals;
(3) seeks to coordinate the disparate development
assistance policies of donor countries, and to
harmonize the trade and finance policies of donor
countries with their respective development assistance
programs; and
(4) aims to reduce poverty by significantly
increasing the economic growth trajectory of
beneficiary countries through investing in the
productive potential of the people of such countries.
SEC. 202. AUTHORIZATION OF ASSISTANCE.
(a) Assistance.--The President, acting through the Chief
Executive Officer of the Millennium Challenge Corporation, is
authorized to provide assistance to eligible countries to
support policies and programs that advance the progress of such
countries in achieving lasting economic growth and poverty
reduction and are in furtherance of the purposes of this title.
(b) Principal Objectives.--Assistance provided under
subsection (a) should advance a country's progress toward
promoting the following principal objectives:
(1) Fostering democratic societies, human rights, and
the rule of law.--The assistance should promote--
(A) political, social, and economic
pluralism;
(B) respect for the rule of law;
(C) anti-corruption initiatives and law
enforcement;
(D) development of institutions of democratic
governance, including electoral and legislative
processes;
(E) transparent and accountable public
administration at all levels of government;
(F) a fair, competent, and independent
judiciary; and
(G) a free and independent media.
(2) Fostering investment in education and health
infrastructure and systems.--The assistance should
foster improved educational opportunities and health
conditions, particularly for women and children,
including through--
(A) support for programs and personnel that
promote broad-based primary education,
including through the development of academic
curricula, by making available textbooks and
other educational materials, and through
appropriate use of technology;
(B) support for programs to strengthen and
build institutions, including primary health
care systems, infrastructure, facilities, and
personnel that provide quality health care;
(C) support for improved systems for the
delivery of healthy water and sanitation
services; and
(D) support for programs that reduce child
mortality (including those programs that combat
HIV/AIDS, malaria, tuberculosis, and other
infectious diseases, consistent with sections
104(c), 104A, 104B, and 104C of the Foreign
Assistance Act of 1961).
(3) Promoting economic freedom, broad-based economic
growth, and fostering free market systems.--The
assistance should foster the institutions and
conditions needed to promote free market systems,
trade, and investment, including--
(A) the reform and restructuring of banking
and financial systems, including by allowing
foreign competition in the banking and
financial sectors, where appropriate;
(B) the development of transparent and
efficient commercial codes and reduction in the
regulatory burden on business;
(C) the protection of property rights,
including--
(i) private property and intellectual
property rights, including through the
adoption and effective enforcement of
intellectual property treaties or
international agreements; and
(ii) the establishment and
maintenance of an efficient and
integrated legal property system that,
among other things, facilitates the
ability of the poor, particularly
women, to convert physical and
intellectual assets into capital, such
as utilizing existing practices and
customs that allow assets to be
documented in a manner that makes the
assets widely transferable,
leveragable, and fungible, that allows
individuals to hold legal title to
their property, and that holds owners
accountable for transactions involving
their property;
(D) support for market-based policies that
support increased agricultural production;
(E) a strong commitment to sound monetary and
budgetary policies;
(F) the development of small businesses,
private cooperatives, credit unions, and trade
and labor unions;
(G) the protection of internationally
recognized workers' rights; and
(H) the capacity of eligible countries to
ameliorate damage to the environment and
respect other environmental standards.
SEC. 203. ELIGIBILITY AND RELATED REQUIREMENTS.
(a) Assistance for Low Income Countries.--
(1) Fiscal year 2004.--A country shall be eligible to
receive assistance under section 202 for fiscal year
2004 if--
(A) the country is eligible for assistance
from the International Development Association,
and the per capita income of the country is
equal to or less than the historical ceiling of
the International Development Association for
that year, as defined by the International Bank
for Reconstruction and Development;
(B) subject to paragraph (3), the country is
not ineligible to receive United States
economic assistance by reason of the
application of section 116, 490, or 620A of the
Foreign Assistance Act of 1961, or by reason of
the application of any other provision of law;
and
(C) the Chief Executive Officer of the
Corporation determines that the country has
demonstrated a commitment to--
(i) bolster democracy, human rights,
good governance and the rule of law;
(ii) invest in the health and
education of its citizens; and
(iii) promote sound economic policies
that promote economic freedom and
opportunity.
(2) Fiscal years 2005 and 2006.--A country shall be
eligible to receive assistance under section 202 for
fiscal years 2005 and 2006 if--
(A) the per capita income of the country is
equal to or less than the historical ceiling of
the International Development Association for
the fiscal year involved, as defined by the
International Bank for Reconstruction and
Development;
(B) the country meets the requirements of
paragraph (1)(B); and
(C) the country meets the requirements of
clauses (i) through (iii) of paragraph (1)(C),
as determined by the Chief Executive Officer.
(3) Rule of construction.--For the purposes of
determining whether a country is eligible for receiving
assistance under section 202 pursuant to paragraph
(1)(B), the exercise by the President, the Secretary of
State, or any other officer or employee of the United
States of any waiver or suspension of any provision of
law referred to in such paragraph shall not be
construed as satisfying the requirement of such
paragraph.
(b) Assistance for Lower Middle Income Countries.--
(1) In general.--In addition to countries described
in subsection (a), a country shall be eligible to
receive assistance under section 202 for fiscal year
2006 if the country--
(A) is classified as a lower middle income
country in the then most recent edition of the
World Development Report published by the
International Bank for Reconstruction and
Development;
(B) meets the requirements of subsection
(a)(1)(B); and
(C) meets the requirements of clauses (i)
through (iii) of subsection (a)(1)(C), as
determined by the Chief Executive Officer.
(2) Limitation.--The total amount of assistance
provided to countries under this subsection for fiscal
year 2006 may not exceed 20 percent of the total amount
of assistance provided to all countries under section
202 for fiscal year 2006.
(c) Assistance for Selected Low Income Countries.--
(1) In general.--A country shall be eligible to
receive assistance for any of fiscal years 2004 through
2006 solely for the purpose of becoming eligible to
receive assistance under subsection (a) if the
country--
(A) meets the requirements of paragraphs
(1)(B) and (2)(A) of subsection (a);
(B) demonstrates a commitment to meeting the
requirements of clauses (i) through (iii) of
subsection (a)(1)(C), as determined by the
Chief Executive Officer; but
(C) fails to meet the eligibility criteria
necessary to receive assistance under section
202, as established under subsection (e).
(2) Administration.--Assistance for countries
eligible by reason of the application of this
subsection shall be provided through the United States
Agency for International Development.
(3) Allocation of funds.--Of the amount authorized to
be appropriated under section 208(a) for a fiscal year,
not more than 15 percent of such amount is authorized
to be appropriated to the President for the fiscal year
to carry out this subsection.
(d) General Authority To Determine Eligibility.--
(1) General authority.--The Chief Executive Officer
shall determine whether or not a country is eligible to
receive assistance under section 202.
(2) Congressional notification.--Not later than 7
days after making a determination of eligibility for a
country under paragraph (1), the Chief Executive
Officer shall provide notice thereof to the appropriate
congressional committees. Such notice shall include a
certification of the determination of the Chief
Executive Officer that the country meets the
requirements of clauses (i) through (iii) of subsection
(a)(1)(C) in accordance with such subsection,
subsection (a)(2)(C), subsection (b)(1)(C), or
subsection (c)(1)(B), as the case may be.
(e) Eligibility Criteria.--
(1) Initial criteria and methodology.--At soon as
practicable after the date of the enactment of this
Act, but not later than 30 days prior to making any
determination of eligibility for a country under this
section, the Chief Executive Officer--
(A) shall consult in-person with the
appropriate congressional committees with
respect to the establishment of eligibility
criteria and methodology that the Chief
Executive Officer proposes to use for purposes
of determining eligibility under this section;
(B) shall establish such eligibility criteria
and methodology; and
(C) shall prepare and transmit to such
committees a written report that contains such
eligibility criteria and methodology.
(2) Revisions to criteria and methodology.--If the
Chief Executive Officer proposes to use revised or
different criteria from the criteria described in
paragraph (1) in making a determination of eligibility
for a country under this section, then, not later than
15 days prior to making such determination, the Chief
Executive Officer shall consult in-person with the
appropriate congressional committees with respect to
such revised or different criteria and methodology in
accordance with paragraph (1)(A) and shall prepare and
transmit a written report in accordance with paragraph
(1)(C).
(f) Form of Assistance; Recipients.--
(1) Form of assistance.--Assistance provided under
section 202 for a country shall be provided to one or
more of the entities described in paragraph (2) on a
nonrepayable basis and in accordance with a fair, open,
and competitive selection process that results in the
awarding of such assistance on a merit basis using
selection criteria that are made public by the
Corporation in advance and are otherwise in accordance
with standard and customary best practices for the
provision of similar types of assistance.
(2) Recipients.--The entities referred to in
paragraph (1) are the following:
(A) The national government of the country.
(B) Regional or local governmental units of
the country.
(C) Nongovernmental organizations, including
for-profit, not-for-profit, and voluntary
organizations.
(D) International organizations and trust
funds.
(g) Congressional Notification.--The Chief Executive Officer
may not make any grant or enter into any contract for
assistance for a country under section 202 that exceeds
$5,000,000 until 15 days after the date on which the Chief
Executive Officer provides notification of the proposed grant
or contract to the appropriate congressional committees in
accordance with the procedures applicable to reprogramming
notifications under section 634A of the Foreign Assistance Act
of 1961.
(h) Prohibition on Use of Funds.--The prohibitions on use of
funds contained in paragraphs (1) through (3) of section 104(f)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)(1)-
(3)) shall apply to funds made available to carry out this
division to the same extent and in the same manner as such
prohibitions apply to funds made available to carry out part I
of such Act.
SEC. 204. MILLENNIUM CHALLENGE COMPACT.
(a) Compact.--The President, acting through the Chief
Executive Officer of the Corporation, may provide assistance to
an eligible country under section 202 only if the country
enters into a contract with the United States, to be known as a
``Millennium Challenge Compact'', that establishes a multi-year
plan for achieving shared development objectives in furtherance
of the purposes of this title, and only if the President,
acting through the Chief Executive Officer, provides to
Congress notice regarding such Compact pursuant to subsection
(h).
(b) Elements.--
(1) In general.--The Compact shall take into account
the national development strategy of the eligible
country and shall contain--
(A) the specific objectives that the country
and the United States expect to achieve;
(B) the responsibilities of the country and
the United States in the achievement of such
objectives;
(C) regular benchmarks to measure, where
appropriate, progress toward achieving such
objectives;
(D) an identification of the intended
beneficiaries, disaggregated by income level,
gender, and age, to the maximum extent
practicable;
(E) a multi-year financial plan, including
the estimated amount of contributions by the
Corporation and the country and proposed
mechanisms to implement the plan and provide
oversight, that describes how the requirements
of subparagraphs (A) through (D) will be met,
including identifying the role of civil society
in the achievement of such requirements;
(F) where appropriate, a description of the
responsibility of other donors in the
achievement of such objectives; and
(G) a plan to ensure appropriate fiscal
accountability for the use of assistance
provided under section 202.
(2) Lower middle income countries.--In addition to
the elements described in subparagraphs (A) through (G)
of paragraph (1), with respect to a lower middle income
country described in section 203(b), the Compact shall
identify an appropriate contribution from the country
relative to its national budget, taking into account
the prevailing economic conditions, toward meeting the
objectives of the Compact. Such contribution shall be
in addition to government spending allocated for such
purposes in the country's budget for the year
immediately preceding the establishment of the Compact
and shall continue for the duration of the Compact.
(c) Definition.--In subsection (b), the term ``national
development strategy'' means any strategy to achieve market-
driven economic growth that has been developed by the
government of the country in consultation with a wide variety
of civic participation, including nongovernmental
organizations, private and voluntary organizations, academia,
women and student organizations, local trade and labor unions,
and the business community.
(d) Additional Provision Relating to Prohibition on
Taxation.--In addition to the elements described in subsection
(b), each Compact shall contain a provision that states that
assistance provided by the United States under the Compact
shall be exempt from taxation by the government of the eligible
country.
(e) Local Input.--In entering into a Compact, the United
States and the eligible country--
(1) shall take into account the local-level
perspectives of the rural and urban poor in the
eligible country; and
(2) should consult with private and voluntary
organizations, the business community, and other
donors, in the eligible country.
(f) Consultation.--During any discussions with a country for
the purpose of entering into a Compact with the country,
officials of the Corporation participating in such discussions
shall, at a minimum, consult with appropriate officials of the
United States Agency for International Development,
particularly with those officials responsible for the
appropriate region or country on development issues related to
the Compact.
(g) Coordination with Other Donors.--To the maximum extent
feasible, activities undertaken to achieve the objectives of
the Compact shall be undertaken in coordination with the
assistance activities of other donors.
(h) Congressional and Public Notification.--Not later than 15
days prior to entering into a Compact with an eligible country,
the President, acting through the Chief Executive Officer--
(1) shall consult in-person with the appropriate
congressional committees with respect to the proposed
Compact;
(2) shall provide notification of the proposed
Compact to the appropriate congressional committees in
accordance with the procedures applicable to
reprogramming notifications under section 634A of the
Foreign Assistance Act of 1961;
(3) shall prepare and transmit to such committees a
written report that contains a detailed summary of the
proposed Compact and a copy of the full text of the
Compact; and
(4) shall publish such detailed summary and full text
of the proposed Compact in the Federal Register and on
the Internet website of the Corporation.
(i) Assistance for Development of Compact.--Notwithstanding
subsection (a), the Chief Executive Officer may enter into
contracts or make grants for any eligible country for the
purpose of facilitating the development of the Compact between
the United States and the country.
SEC. 205. SUSPENSION AND TERMINATION OF ASSISTANCE.
(a) Suspension of Assistance.--
(1) In general.--The President shall suspend
assistance in whole or in part for a country under this
title if the President determines that--
(A) the country is engaged in activities
which are contrary to the national security
interests of the United States;
(B) the elected head of state of the country
or any member of the country's highest judicial
tribunal has been removed from that office or
forcibly detained through extra-constitutional
processes; or
(C) the country has failed to adhere to its
responsibilities under the Compact.
(2) Reinstatement.--The President may reinstate
assistance for a country under this title only if the
President determines that the country has demonstrated
a commitment to correcting each condition for which
assistance was suspended under paragraph (1).
(3) Congressional notification.--A suspension of
assistance under paragraph (1), or a reinstatement of
assistance under paragraph (2), shall be effective
beginning 15 days after the date on which the President
transmits to the appropriate congressional committees a
report that contains the determination of the President
under paragraph (1) or paragraph (2), as the case may
be.
(b) Termination of Assistance.--
(1) In general.--The President, acting through the
Chief Executive Officer of the Corporation, shall
terminate all assistance for a country under this title
if the President determines that the country has
consistently failed to adhere to its responsibilities
under the Compact or has significantly failed to meet
the requirements of this title.
(2) Congressional notification.--A termination of
assistance under paragraph (1) shall be effective
beginning 15 days after the date on which the
President, acting through the Chief Executive Officer,
provides notification of the proposed termination of
assistance to the congressional committees specified in
section 634A(a) of the Foreign Assistance Act of 1961
in accordance with the procedures applicable to
reprogramming notifications under that section.
SEC. 206. ANNUAL REPORT.
(a) Report.--Not later than April 1, 2005, and not later than
April 1 of each year thereafter, the Chief Executive Officer of
the Corporation shall prepare and transmit to the appropriate
congressional committees a report on the implementation of this
title for the preceding year.
(b) Contents.--The report shall include the following:
(1) A description and assessment of the eligibility
criteria and methodology utilized by the Chief
Executive Officer to determine eligibility for each
country under section 203.
(2) A description of the agreed upon measures of
progress contained in each Compact.
(3)(A) An analysis, on a country-by-country, project-
by-project basis, of the impact of assistance provided
under this title on the economic development of each
country.
(B) For each country, the analysis shall--
(i) to the maximum extent possible, be done
on a sector-by-sector basis, gender basis, and
per capita income basis, and identify trends
within each of these bases;
(ii) identify economic policy reforms
conducive to economic development that are
supported by assistance provided under this
title;
(iii) describe, in quantified terms to the
extent practicable, the progress made in
achieving assistance objectives for the
country;
(iv) describe the amount and nature of
economic assistance provided by other major
donors which further the purposes of this
title; and
(v) discuss the commitment and contribution
of the country to achieving the assistance
objectives contained in its Compact.
(4) A description and assessment of property rights
in each country, including--
(A) the total value of legal and extralegal
property and business holdings;
(B) the average time required to acquire
land; and
(C) the average time required to register and
wind up a business enterprise.
SEC. 207. PARTICIPATION OF CERTAIN UNITED STATES BUSINESSES.
(a) Participation.--To the maximum extent practicable, the
President, acting through the Chief Executive Officer, shall
ensure that United States small, minority-owned, and
disadvantaged business enterprises fully participate in the
provision of goods and services that are financed with funds
made available under this title.
(b) Report.--The Chief Executive Officer shall prepare and
submit to the appropriate congressional committees an annual
report that contains a description of the extent to which the
requirement of subsection (a) has been met for the preceding
year.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS; RELATED AUTHORITIES.
(a) Authorization of Appropriations.--There are authorized to
be appropriated to the President, acting through the Chief
Executive Officer of the Corporation, to carry out this
division (other than title IV) $1,300,000,000 for fiscal year
2004, $3,000,000,000 for fiscal year 2005, and $5,000,000,000
for fiscal year 2006.
(b) Additional Authorities.--Amounts appropriated pursuant to
the authorization of appropriations under subsection (a)--
(1) may be referred to as the ``Millennium Challenge
Account'';
(2) are authorized to remain available until
expended; and
(3) are in addition to amounts otherwise available
for such purposes.
TITLE III--MILLENNIUM CHALLENGE CORPORATION
SEC. 301. MILLENNIUM CHALLENGE CORPORATION.
(a) Establishment.--There is hereby established in the
executive branch a corporation to be known as the ``Millennium
Challenge Corporation'' that shall be responsible for carrying
out title II.
(b) Government Corporation.--The Corporation shall be a
Government corporation, as defined in section 103 of title 5,
United States Code.
SEC. 302. CHIEF EXECUTIVE OFFICER.
(a) Appointment.--The Corporation shall be headed by an
individual who shall serve as Chief Executive Officer of the
Corporation, who shall be appointed by the President, by and
with the advice and consent of the Senate.
(b) Compensation and Rank.--
(1) In general.--The Chief Executive Officer shall be
compensated at the rate provided for level II of the
Executive Schedule under section 5313 of title 5,
United States Code, and shall have the equivalent rank
of Deputy Secretary.
(2) Amendment.--Section 5313 of title 5, United
States Code, is amended by adding at the end the
following:
``Chief Executive Officer, Millennium Challenge
Corporation.''.
(c) Authorities and Duties.--The Chief Executive Officer
shall exercise the powers and discharge the duties of the
Corporation and any other duties, as conferred on the Chief
Executive Officer by the President.
(d) Authority To Appoint Officers.--The Chief Executive
Officer shall appoint all officers of the Corporation.
SEC. 303. BOARD OF DIRECTORS.
(a) In General.--There shall be in the Corporation a Board of
Directors.
(b) Duties.--The Board may prescribe, amend, and repeal
bylaws, rules, regulations, and procedures governing the manner
in which the business of the Corporation may be conducted and
in which the powers granted to it by law may be exercised.
(c) Membership.--
(1) In general.--The Board shall consist of--
(A) the Secretary of State, the Secretary of
Treasury, the Administrator of the United
States Agency for International Development,
the Chief Executive Officer of the Corporation,
and the United States Trade Representative; and
(B) four other individuals who shall be
appointed by the President, by and with the
advice and consent of the Senate, of which--
(i) one individual shall be appointed
from among a list of individuals
submitted by the majority leader of the
House of Representatives;
(ii) one individual shall be
appointed from among a list of
individuals submitted by the minority
leader of the House of Representatives;
(iii) one individual shall be
appointed from among a list of
individuals submitted by the majority
leader of the Senate; and
(iv) one individual shall be
appointed from among a list of
individuals submitted by the minority
leader of the Senate.
(2) Ex-officio members.--In addition to members of
the Board described in paragraph (1), the Director of
the Office of Management and Budget, the President and
Chief Executive Officer of the Overseas Private
Investment Corporation, the Director of the Trade and
Development Agency, and the Director of the Peace Corps
shall be non-voting members, ex officio, of the Board.
(d) Terms.--
(1) Officers of federal government.--Each member of
the Board described in paragraphs (1)(A) and (2) of
subsection (c) shall serve for a term that is
concurrent with the term of service of the individual's
position as an officer within the other Federal
department or agency.
(2) Other members.--Each member of the Board
described in subsection (c)(1)(B) shall be appointed
for a term of 3 years and may be reappointed for a term
of an additional 2 years.
(3) Vacancies.--A vacancy in the Board shall be
filled in the manner in which the original appointment
was made.
(e) Chairperson.--The Secretary of State shall serve as the
Chairperson of the Board.
(f) Quorum.--A majority of the members of the Board shall
constitute a quorum, which shall include at least one member of
the Board described in subsection (c)(1)(B).
(g) Meetings.--The Board shall meet at the call of the
Chairperson.
(h) Compensation.--
(1) Officers of federal government.--
(A) In general.--A member of the Board
described in paragraphs (1)(A) and (2) of
subsection (c) may not receive additional pay,
allowances, or benefits by reason of their
service on the Board.
(B) Travel expenses.--Each such member of the
Board shall receive travel expenses, including
per diem in lieu of subsistence, in accordance
with applicable provisions under subchapter I
of chapter 57 of title 5, United States Code.
(2) Other members.--
(A) In general.--Except as provided in
paragraph (2), a member of the Board described
in subsection (c)(1)(B)--
(i) shall be paid compensation out of
funds made available for the purposes
of this title at the daily equivalent
of the highest rate payable under
section 5332 of title 5, United States
Code, for each day (including travel
time) during which the member is
engaged in the actual performance of
duties as a member of the Board; and
(ii) while away from the member's
home or regular place of business on
necessary travel, as determined by the
Chief Executive Officer, in the actual
performance of duties as a member of
the Board, shall be paid per diem,
travel, and transportation expenses in
the same manner as is provided under
subchapter I of chapter 57 of title 5,
United States Code.
(B) Limitation.--A member of the Council may
not be paid compensation under subparagraph
(A)(i) for more than thirty days in any
calendar year.
SEC. 304. INTERAGENCY COORDINATION.
In carrying out the functions described in this title, and
consistent with section 101 of the National Security Act of
1947 (50 U.S.C. 402), the President shall ensure coordination
of assistance authorized under title II with foreign economic
assistance programs and activities carried out by other Federal
departments and agencies.
SEC. 305. POWERS OF THE CORPORATION; RELATED PROVISIONS.
(a) Powers.--The Corporation--
(1) may adopt, alter, and use a corporate seal, which
shall be judicially noticed;
(2) may prescribe, amend, and repeal such rules,
regulations, and procedures as are necessary for
carrying out the functions of the Corporation and all
Compacts;
(3) may make and perform such contracts, grants, and
other agreements with any individual, corporation, or
other private or public entity, however designated and
wherever situated, as may be necessary for carrying out
the functions of the Corporation;
(4) may determine and prescribe the manner in which
its obligations shall be incurred and its expenses
allowed and paid, including expenses for representation
not exceeding $95,000 in any fiscal year;
(5) may lease, purchase, or otherwise acquire, own,
hold, improve, use or otherwise deal in and with such
property (real, personal, or mixed) or any interest
therein, wherever situated, as may be necessary for
carrying out the functions of the Corporation;
(6) may accept gifts or donations of services or of
property (real, personal, or mixed), tangible or
intangible, in furtherance of the purposes of this
division;
(7) may hire or obtain passenger motor vehicles;
(8) may use the United States mails in the same
manner and on the same conditions as the Executive
departments (as defined in section 101 of title 5,
United States Code);
(9) may, with the consent of any Executive agency (as
defined in section 105 of title 5, United States Code),
use the information, services, facilities, and
personnel of that agency on a full or partial
reimbursement in carrying out the purposes of this
division; and
(10) may sue and be sued, complain, and defend, in
its corporate name in any court of competent
jurisdiction.
(b) Offices.--
(1) Principal office.--The Corporation shall maintain
its principal office in the metropolitan area of
Washington, District of Columbia.
(2) Other offices.--The Corporation may establish
other offices in any place or places outside the United
States in which the Corporation may carry out any or
all of its operations and business.
(c) Cooperation With Other Federal Departments and
Agencies.--In order to avoid unnecessary expense and
duplication of functions, efforts, and activities between the
Corporation and other Federal departments and agencies the
Chief Executive Officer, or the Chief Executive Officer's
designee--
(1)(A) shall consult, to the maximum extent
practicable, with the Administrator of the United
States Agency for International Development, or the
Administrator's designee, in order to coordinate the
activities of the Corporation and the Agency for
International Development; and
(B) shall consult with the heads of other departments
and agencies to ensure similar coordination of
activities;
(2)(A) shall ensure proper coordination of activities
of the Corporation with the provision of development
assistance of relevant international financial
institutions, including the International Bank for
Reconstruction and Development, the International
Monetary Fund, and the regional multilateral
development banks; and
(B) shall provide to each United States Executive
Director (or other United States representative) to the
relevant international financial institutions a copy of
each proposed Compact between the United States and an
eligible country and a copy of each such final Compact.
(d) Positions with Foreign Governments.--When approved by the
Corporation, in furtherance of its purposes, employees of the
Corporation (including individuals detailed to the Corporation)
may accept and hold offices or positions to which no
compensation is attached with governments or governmental
agencies of foreign countries or with international
organizations.
SEC. 306. TRANSPARENCY AND ACCOUNTABILITY OF THE CORPORATION.
The Corporation and its officers and employees shall be
subject to the provisions of section 552 of title 5, United
States Code (relating to freedom of information).
SEC. 307. DETAIL OF PERSONNEL TO THE CORPORATION; OTHER AUTHORITIES AND
LIMITATIONS.
(a) Detail of Personnel.--Upon request of the Chief Executive
Officer of the Corporation, the head of an agency may detail
any employee of such agency to the Corporation on a fully or
partially reimbursable basis. Any employee so detailed remains,
for the purpose of preserving such employee's allowances,
privileges, rights, seniority, and other benefits, an employee
of the agency from which detailed.
(b) Limitation on Total Service.--
(1) In general.--Except as provided in paragraph (2),
no individual may serve in or under the Corporation
(whether as an employee of the Corporation, a detailee
to the Corporation, or a combination thereof) for a
total period exceeding 5 years.
(2) Exceptions.--
(A) Extension authority.--The Chief Executive
Officer may extend the 5-year period under
paragraph (1) for up to an additional 3 years,
in the case of any particular individual, if
the Chief Executive Officer determines that
such extension is essential to the achievement
of the purposes of this division.
(B) Officers.--Nothing in this subsection
shall limit the period for which an individual
may serve as an officer of the Corporation
appointed pursuant to section 302(d) nor shall
any period of service as such an officer be
taken into account for purposes of applying
this subsection.
(c) Reemployment Rights.--
(1) In general.--An employee of an agency who is
serving under a career or career conditional
appointment (or the equivalent), and who, with the
consent of the head of such agency, transfers to the
Corporation, is entitled to be reemployed in such
employee's former position or a position of like
seniority, status, and pay in such agency, if such
employee--
(A) is separated from the Corporation--
(i) by reason of the application of
subsection (b); or
(ii) for any other reason, other than
misconduct, neglect of duty, or
malfeasance; and
(B) applies for reemployment not later than
90 days after the date of separation from the
Corporation.
(2) Specific rights.--An employee who satisfies
paragraph (1) is entitled to be reemployed (in
accordance with such paragraph) within 30 days after
applying for reemployment and, on reemployment, is
entitled to at least the rate of basic pay to which
such employee would have been entitled had such
employee never transferred.
(d) Basic Pay.--The Chief Executive Officer may fix the rate
of basic pay of employees of the Corporation without regard to
the provisions of--
(1) chapter 51 of title 5, United States Code
(relating to the classification of positions), and
(2) subchapter III of chapter 53 of such title
(relating to General Schedule pay rates),
except that no employee of the Corporation may receive a rate
of basic pay that exceeds the rate for level II of the
Executive Schedule under section 5313 of such title.
(e) Assignment to United States Embassies.--An employee of
the Corporation, including an individual detailed to or
contracted by the Corporation, may be assigned to a United
States diplomatic mission or consular post, or United States
Agency for International Development field mission.
(f) Privileges and Immunities.--The Secretary of State shall
seek to ensure that an employee of the Corporation, including
an individual detailed to or contracted by the Corporation, and
the members of the family of such employee, while the employee
is performing duties in any country or place outside the United
States, enjoy the privileges and immunities that are enjoyed by
a member of the Foreign Service, or the family of a member of
the Foreign Service, as appropriate, of comparable rank and
salary of such employee, if such employee or a member of the
family of such employee is not a national of or permanently
resident in such country or place.
(g) Responsibility of Chief of Mission.--An employee of the
Corporation, including an individual detailed to or contracted
by the Corporation, and a member of the family of such
employee, shall be subject to section 207 of the Foreign
Service Act of 1980 (22 U.S.C. 3927) in the same manner as
United States Government employees while the employee is
performing duties in any country or place outside the United
States if such employee or member of the family of such
employee is not a national of or permanently resident in such
country or place.
(h) Allocation of Funds.--
(1) In general.--The Corporation may allocate or
transfer to the United States Agency for International
Development or any other agency any part of any funds
available for carrying out the purposes of this
division. Such funds shall be available for obligation
and expenditure for the purposes for which authorized,
in accordance with authority granted in this title or
under authority governing the activities of the
agencies of the United States Government to which such
funds are allocated or transferred.
(2) Congressional notification.--The Chief Executive
Officer shall notify the appropriate congressional
committees not later than 15 days prior to a transfer
of funds under paragraph (1) that exceeds $5,000,000.
(3) Use of services.--For carrying out the purposes
of this division, the Corporation may utilize the
services and facilities of, or procure commodities
from, any agency under such terms and conditions as may
be agreed to by the head of the agency and the
Corporation.
(i) Funding Limitation.--Of the funds allocated under
subsection (h) in any fiscal year, not more than 7 percent of
such funds may be used for administrative expenses.
(j) Other Authorities.--Except to the extent inconsistent
with the provisions of this division, the administrative
authorities under chapters 1 and 2 of part III of the Foreign
Assistance Act of 1961 shall apply to the provision of
assistance under this division to the same extent and in the
same manner as such authorities apply to the provision of
economic assistance under part I of such Act.
(k) Applicability of Government Corporation Control Act.--
(1) In general.--The Corporation shall be subject to
the provisions of chapter 91 of subtitle VI of title
31, United States Code, except that the Corporation
shall not be authorized to issue obligations or offer
obligations to the public.
(2) Conforming amendment.--Section 9101(3) of title
31, United States Code, is amended by adding at the end
the following:
``(Q) the Millennium Challenge Corporation.''
(l) Inspector General.--
(1) In general.--The Inspector General of the United
States Agency for International Development shall serve
as Inspector General of the Corporation, and, in acting
in such capacity, may conduct reviews, investigations,
and inspections of all aspects of the operations and
activities of the Corporation.
(2) Authority of the board.--In carrying out its
responsibilities under this subsection, the Inspector
General shall report to and be under the general
supervision of the Board of Directors.
(3) Reimbursement and authorization of services.--
(A) Reimbursement.--The Corporation shall
reimburse the United States Agency for
International Development for all expenses
incurred by the Inspector General in connection
with the Inspector General's responsibilities
under this subsection.
(B) Authorization for services.--Of the
amount authorized to be appropriated under
section 208(a) for a fiscal year, up to
$1,000,000 is authorized to be made available
to the Inspector General of the United States
Agency for International Development to conduct
reviews, investigations, and inspections of
operations and activities of the Corporation.
(m) Comptroller General.--
(1) In general.--The Comptroller General shall
conduct audits, evaluations, and investigations of the
Corporation.
(2) Scope.--The activities and financial transactions
of the Corporation for any fiscal year during which
Federal funds are available to finance any portion of
its operations may be evaluated, investigated, or
audited by the Comptroller General in accordance with
such rules and regulations as may be prescribed by the
Comptroller General.
(3) Access and records.--Any evaluation,
investigation, or audit shall be conducted at the place
or places where pertinent information of the
Corporation is normally kept. The representatives of
the General Accounting Office shall have access to all
books, accounts, financial records, reports, files, and
other papers or property belonging to or in use by the
Corporation and necessary to facilitate the evaluation,
investigation, or audit; and full facilities for
verifying transactions with the balances and securities
held by depositories, fiscal agents, and custodians
shall be afforded to such representatives. All such
books, accounts, financial records, reports, files, and
other papers or property of the Corporation shall
remain in the possession and custody of the Corporation
throughout the period beginning on the date such
possession or custody commences and ending three years
after such date, but the General Accounting Office may
require the retention of such books, accounts,
financial records, reports, files, papers, or property
for a longer period under section 3523(c) of title 31,
United States Code.
(4) Report.--A report of such audit, evaluation, or
investigation shall be made by the Comptroller General
to the appropriate congressional committees and to the
President, together with such recommendations with
respect thereto as the Comptroller General shall deem
advisable.
(n) Definitions.--For purposes of this section--
(1) the term ``agency'' means an Executive agency, as
defined by section 105 of title 5, United States Code;
and
(2) the term ``detail'' means the assignment or loan
of an employee, without a change of position, from the
agency by which such employee is employed to the
Corporation.
SEC. 308. MILLENNIUM CHALLENGE ADVISORY COUNCIL.
(a) Establishment.--There is hereby established in the
executive branch an advisory council to the Corporation to be
known as the Millennium Challenge Advisory Council.
(b) Functions.--
(1) General functions.--The Council shall advise and
consult with the Chief Executive Officer of the
Corporation and the Board of Directors with respect to
policies and programs designed to further the purposes
of this division and shall periodically report to the
Congress with respect to the activities of the
Corporation. In addition, the Council shall review on
an annual basis the criteria and methodology used to
determine eligibility of countries for assistance under
title II and make recommendations to the Chief
Executive Officer and the Board to improve the
effectiveness of such criteria and methodology in order
to achieve the purposes of this division.
(2) Additional functions.--Members of the Council
shall (subject to subsection (d)(1)) conduct on-site
inspections, and make examinations, of the activities
of the Corporation in the United States and in other
countries in order to--
(A) evaluate the accomplishments of the
Corporation;
(B) assess the potential capabilities and the
future role of the Corporation;
(C) make recommendations to the Chief
Executive Officer, the Board of Directors, and
Congress, for the purpose of guiding the future
direction of the Corporation and of helping to
ensure that the purposes and programs of the
Corporation are carried out in ways that are
economical, efficient, responsive to changing
needs in developing countries and to changing
relationships among people, and in accordance
with law;
(D) make such other evaluations, assessments,
and recommendations as the Council considers
appropriate.
(3) Public participation.--The Council may provide
for public participation in its activities, consistent
with section 552b of title 5, United States Code.
(c) Membership.--
(1) In general.--The Council shall consist of seven
individuals, who shall be appointed by the Chief
Executive Officer, and who shall be broadly
representative of nongovernmental entities with
expertise and interest in international trade and
economic development, including business and business
associations, trade and labor unions, private and
voluntary organizations, foundations, public policy
organizations, academia, and other entities as the
Chief Executive Officer determines appropriate.
(2) Additional requirement.--No member appointed
under paragraph (1) may be an officer or employee of
the United States Government.
(d) Compensation.--
(1) In general.--Except as provided in paragraph (2),
a member of the Council--
(A) shall be paid compensation out of funds
made available for the purposes of this title
at the daily equivalent of the highest rate
payable under section 5332 of title 5, United
States Code, for each day (including travel
time) during which the member is engaged in the
actual performance of duties as a member of the
Council; and
(B) while away from the member's home or
regular place of business on necessary travel,
as determined by the Chief Executive Officer,
in the actual performance of duties as a member
of the Council, shall be paid per diem, travel,
and transportation expenses in the same manner
as is provided under subchapter I of chapter 57
of title 5, United States Code.
(2) Limitation.--A member of the Council may not be
paid compensation under paragraph (1)(A) for more than
thirty days in any calendar year.
(e) Quorum.--A majority of the members of the Council shall
constitute a quorum for the purposes of transacting any
business.
(f) Financial Interests of Members.--A member of the Council
shall disclose to the Chairperson of the Council and the Chief
Executive Officer of the existence of any direct or indirect
financial interest of that member in any particular matter
before the Council and may not vote or otherwise participate as
a Council member with respect to that particular matter.
(g) Chairperson.--The Chief Executive Officer shall designate
one of the members of the Council as Chairperson, who shall
serve in that capacity for a term of two years. The Chief
Executive Officer may renew the term of the member appointed as
Chairperson under the preceding sentence.
(h) Meetings, Bylaws, and Regulations.--
(1) Meetings.--The Council shall hold a regular
meeting during each calendar quarter and shall meet at
the call of the President, the Chief Executive Officer,
the Chairperson of the Board, the Chairperson of the
Council, or two members of the Council.
(2) Bylaws and regulations.--The Council shall
prescribe such bylaws and regulations as it considers
necessary to carry out its functions. Such bylaws and
regulations shall include procedures for fixing the
time and place of meetings, giving or waiving of notice
of meetings, and keeping of minutes of meetings.
(i) Report to the President, Chief Executive Officer, and
Board.--
(1) Report.--Not later than January 1, 2005, and not
later than January 1 of each year thereafter that the
Corporation is in existence, the Council shall submit
to the President, the Chief Executive Officer, and the
Board a report on its views on the programs and
activities of the Corporation.
(2) Contents.--Each report shall contain a summary of
the advice and recommendations provided by the Council
to the Chief Executive Officer and the Board during the
period covered by the report and such recommendations
(including recommendations for administrative or
legislative action) as the Council considers
appropriate to make to the Congress.
(3) Additional requirement.--Not later than 90 days
after receiving each such report, the Chief Executive
Officer shall transmit to Congress a copy of the
report, together with any comments concerning the
report that the Chief Executive Officer considers
appropriate.
(j) Administrative Assistance.--The Chief Executive Officer
shall make available to the Council such personnel,
administrative support services, and technical assistance as
are necessary to carry out its functions effectively.
(k) Termination.--Section 14(a)(2)(B) of the Federal Advisory
Committee Act (5 U.S.C. App.; relating to the termination of
advisory committees) shall not apply to the Council.
Notwithstanding section 102 of this Act, the authorities of the
Council shall terminate on December 31, 2007.
SEC. 309. MILLENNIUM CHALLENGE SEED GRANTS.
(a) Findings.--Congress finds the following:
(1) Many countries in the developing world lack the
academic and public policy advocacy base essential to
attaining the principal objectives of the Millennium
Challenge Account.
(2) Because of widespread government repression of
free speech and poverty, the countries of Africa in
particular suffer an acute shortage of nongovernmental
organizations which effectively study and promote the
principal objectives of the Millennium Challenge
Account.
(3) Many developing countries, particularly low
income countries, lack the institutional capacity to
enhance the quality and accuracy of data upon which the
eligibility criteria in section 203 relies. Such
countries may also lack the ability to monitor and
evaluate development projects effectively.
(4) The Millennium Challenge Account will struggle to
reach its goals unless countries in the developing
world possess a home grown intellectual commitment and
culture of advocacy aimed at promoting its principal
objectives.
(b) Assistance.--The Chief Executive Officer of the
Corporation is authorized to provide assistance in support of
nongovernmental organizations (including universities,
independent foundations, and other organizations) in low income
and lower middle income countries, and, where appropriate,
directly to agencies of foreign governments in low income
countries, that are undertaking research, education, and
advocacy efforts aimed at promoting democratic societies, human
rights, the rule of law, improved educational opportunities and
health conditions, particularly for women and children, and
economic freedom, including research aimed at improving data
related to the eligibility criteria and methodology established
by this division with respect to such a country or monitoring
and evaluating the impact of assistance provided under this
division.
(c) Limitation.--Not more than $10,000,000 of the amount made
available to carry out this division for a fiscal year may be
made available to carry out this section.
TITLE IV--PROVISIONS RELATING TO UNITED STATES ECONOMIC ASSISTANCE
SEC. 401. DEFINITION.
In this title, the term ``United States economic assistance''
means any bilateral economic assistance, from any budget
functional category, that is provided by any department or
agency of the United States to a foreign country, including
such assistance that is intended--
(A) to assist the development and economic
advancement of friendly foreign countries and
peoples, including assistance provided under
title II (relating to the Millennium Challenge
Account);
(B) to promote the freedom, aspirations, or
sustenance of friendly peoples under oppressive
rule by unfriendly governments;
(C) to promote international trade and
foreign direct investment as a means of aiding
economic growth;
(D) to save lives and alleviate suffering of
foreign peoples during or following war,
natural disaster, or complex crisis;
(E) to assist in recovery and rehabilitation
of countries or peoples following disaster or
war;
(F) to protect refugees and promote durable
solutions to aid refugees;
(G) to promote sound environmental practices;
(H) to assist in development of democratic
institutions and good governance by the people
of foreign countries;
(I) to promote peace and reconciliation or
prevention of conflict;
(J) to improve the technical capacities of
governments to reduce production of and demand
for illicit narcotics; and
(K) to otherwise promote through bilateral
foreign economic assistance the national
objectives of the United States.
SEC. 402. FRAMEWORK FOR ASSISTANCE.
(a) Sense of Congress.--It is the sense of Congress that a
coherent framework for United States economic assistance should
be established in accordance with this section.
(b) Elements.--The framework described in subsection (a)
includes the following elements:
(1) The United States Agency for International
Development, under the direction and foreign policy
guidance of the Secretary of State, should be
responsible for--
(A) providing assistance to countries that
face natural and man-made disasters in order to
provide humanitarian relief to the peoples of
such countries, in coordination with refugee
programs administered by the Department of
State;
(B) providing assistance to countries that
are suffering from conflicts or are in post-
conflict situations in order to provide
humanitarian relief, transition assistance, and
reconstruction assistance;
(C) providing assistance to help moderate-to-
poorly performing countries achieve development
progress in the areas described in part I of
the Foreign Assistance Act of 1961, including
progress toward becoming eligible for
assistance under this title, and to promote
international health worldwide, as well as
assisting in the development of country and
regional development strategies;
(D) addressing transnational problems, such
as environmental degradation, food insecurity,
and health problems; and
(E) assisting other Federal departments and
agencies, including the Corporation established
under title III, to carry out assistance
activities abroad, including providing
technical assistance and advice to such
departments and agencies, coordinating its
assistance programs with such departments and
agencies, and using its field offices to help
implement such assistance.
(2) The Corporation established under title III
should provide assistance to countries that have
demonstrated a commitment to bolstering democracy, good
governance, and the rule of law, to investing in the
health and educations of their people, and to promoting
sound economic policies that foster economic
opportunity for their people.
(3) The Department of State should be responsible for
allocating security assistance to support key foreign
policy objectives of the United States and shall
administer assistance in such areas as non-
proliferation, anti-terrorism, counter-narcotics, and
relief for refugees.
(4) Other Federal departments and agencies with
expertise in international development-related
activities, such as the Overseas Private Investment
Corporation, the Trade and Development Agency, the
Department of Agriculture, the Department of Health and
Human Services, and the Centers for Disease Control and
Prevention, to the extent such departments and agencies
have the authority to carry out development-related
programs, and in coordination with the Department of
State and the United States Agency for International
Development, should provide expertise in specific
technical areas and shall provide assistance, including
assistance provided with funds made available from the
Corporation to assist United States Government
international development activities.
SEC. 403. REPORT RELATING TO IMPACT AND EFFECTIVENESS OF ASSISTANCE.
(a) Report.--Not later than December 31, 2004, and December
31 of each third year thereafter, the President shall transmit
to Congress a report which analyzes, on a country-by-country
basis, the impact and effectiveness of United States economic
assistance furnished under the framework established in section
402 to each country during the preceding three fiscal years.
The report shall include the following for each recipient
country:
(1) An analysis of the impact of United States
economic assistance during the preceding three fiscal
years on economic development in that country, with a
discussion of the United States interests that were
served by the assistance. This analysis shall be done
on a sector-by-sector basis to the extent possible and
shall identify any economic policy reforms which were
promoted by the assistance. This analysis shall--
(A) include a description, quantified to the
extent practicable, of the specific objectives
the United States sought to achieve in
providing economic assistance for that country,
and
(B) specify the extent to which those
objectives were not achieved, with an
explanation of why they were not achieved.
(2) A description of the amount and nature of
economic assistance provided by other donors during the
preceding three fiscal years, set forth by development
sector to the extent possible.
(3) A discussion of the commitment of the host
government to addressing the country's needs in each
development sector, including a description of the
resources devoted by that government to each
development sector during the preceding three fiscal
years.
(4) A description of the trends, both favorable and
unfavorable, in each development sector.
(5) Statistical and other information necessary to
evaluate the impact and effectiveness of United States
economic assistance on development in the country.
(6) A comparison of the analysis provided in the
report with relevant analyses by international
financial institutions, other international
organizations, other donor countries, or
nongovernmental organizations.
(b) Listing of Most and Least Successful Assistance
Programs.--The report required by this section shall identify--
(1) each country in which United States economic
assistance has been most successful, as indicated by
the extent to which the specific objectives the United
States sought to achieve in providing the assistance
for the country, as referred to in subsection
(a)(1)(A), were achieved; and
(2) each country in which United States economic
assistance has been least successful, as indicated by
the extent to which the specific objectives the United
States sought to achieve in providing the assistance
for the country, as referred to in subsection
(a)(1)(A), were not achieved.
For each country listed pursuant to paragraph (2), the report
shall explain why the assistance was not more successful and
shall specify what the United States has done as a result.
(d) De Minimus Exception.--Information under subsections (a)
and (b) for a fiscal year shall not be required with respect to
a country for which United States economic assistance for the
country for the fiscal year is less than $5,000,000.
DIVISION B--REAUTHORIZATION AND EXPANSION OF THE PEACE CORPS
TITLE X--GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Peace Corps Expansion Act
of 2003''.
SEC. 1002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
(2) Director.--The term ``Director'' means the
Director of the Peace Corps.
(3) Host country.--The term ``host country'' means a
country whose government has invited the Peace Corps to
establish a Peace Corps program within the territory of
the country.
(4) Peace corps volunteer.--The term ``Peace Corps
volunteer'' means a volunteer or a volunteer leader
under the Peace Corps Act.
(5) Returned peace corps volunteer.--The term
``returned Peace Corps volunteer'' means a person who
has been certified by the Director as having served
satisfactorily as a Peace Corps volunteer.
SEC. 1003. FINDINGS.
Congress makes the following findings:
(1) The Peace Corps was established in 1961 to
promote world peace and friendship through the service
abroad of volunteers who are United States citizens.
The spirit of service and commitment to helping others
is a fundamental component of democracy.
(2) Since its establishment, more than 168,000
volunteers have served in the Peace Corps in 136
countries throughout the world.
(3) The three goals codified in the Peace Corps Act
which have guided the Peace Corps and its volunteers
over the years, can work in concert to promote global
acceptance of the principles of international peace and
nonviolent coexistence among peoples of diverse
cultures and systems of government.
(4) The Peace Corps has sought to fulfill three
goals--to help people in developing countries meet
basic needs, promote understanding abroad of the values
and ideals of the United States, and promote an
understanding of other peoples by the people of the
United States.
(5) After more than 40 years of operation, the Peace
Corps remains the world's premier international service
organization dedicated to promoting grassroots
development by working with families and communities to
improve health care for children, expand agricultural
production, teach in schools, fight infectious
diseases, protect the environment, and initiate small
business opportunities.
(6) The Peace Corps remains committed to sending well
trained and well supported Peace Corps volunteers
overseas to promote international peace, cross-cultural
awareness, and mutual understanding between the United
States and other countries.
(7) The Peace Corps is an independent agency, and,
therefore, no Peace Corps personnel or volunteers
should be used to accomplish any goal other than the
goals established by the Peace Corps Act.
(8) The Crisis Corps has been an effective tool in
harnessing the skills and talents of returned Peace
Corps volunteers and should be expanded, to the maximum
extent practicable, to utilize the talent of returned
Peace Corps volunteers.
(9) In fiscal year 2003, the Peace Corps is operating
with an annual budget of $295,000,000 in 70 countries,
with more than 7,000 Peace Corps volunteers.
(10) There is deep misunderstanding and
misinformation in many parts of the world, particularly
in countries with substantial Muslim populations, with
respect to United States values and ideals. A new or
expanded Peace Corps presence in such places could
foster better understanding between the people of the
United States and such countries.
(11) Congress has declared, and the Peace Corps Act
provides, that the Peace Corps shall maintain, to the
maximum extent practicable and appropriate, a volunteer
corps of at least 10,000 individuals.
(12) President George W. Bush has called for the
doubling of the number of Peace Corps volunteers in
service.
(13) Any expansion of the Peace Corps should not
jeopardize the quality of the Peace Corps volunteer
experience and, therefore, necessitates, among other
things, an appropriate increase in field and
headquarters support staff.
(14) In order to ensure that the proposed expansion
of the Peace Corps preserves the integrity of the
program and the security of volunteers, the integrated
Planning and Budget System supported by the Office of
Planning and Policy Analysis should continue its focus
on strategic planning.
(15) A streamlined, bipartisan Peace Corps National
Advisory Council composed of distinguished returned
Peace Corps volunteers, former Peace Corps staff, and
other individuals with diverse backgrounds and
expertise can be a source of ideas and suggestions that
may be useful to the Director of the Peace Corps as the
Director discharges the duties and responsibilities as
head of the agency.
TITLE XI--AMENDMENTS TO PEACE CORPS ACT; RELATED PROVISIONS
SEC. 1101. ADVANCING THE GOALS OF THE PEACE CORPS.
(a) Recruitment of Volunteers.--Section 2A of the Peace Corps
Act (22 U.S.C. 2501-1) is amended by adding at the end the
following new sentence: ``As an independent agency, the Peace
Corps shall be responsible for recruiting all of its
volunteers.''.
(b) Details and Assignments.--Section 5(g) of the Peace Corps
Act (22 U.S.C. 2504(g)) is amended by striking ``Provided,
That'' and inserting ``Provided, That such detail or assignment
furthers the fulfillment of Peace Corps' development and public
diplomacy goals as described in section 2: Provided further,
That''.
SEC. 1102. REPORTS AND CONSULTATIONS.
(a) Annual Reports; Consultations on New Initiatives.--
Section 11 of the Peace Corps Act (22 U.S.C. 2510) is amended
by striking the section heading and the text of section 11 and
inserting the following:
``SEC. 11. ANNUAL REPORTS; CONSULTATIONS ON NEW INITIATIVES.
``(a) Annual Reports.--The Director shall transmit to
Congress, at least once in each fiscal year, a report on
operations under this Act. Each report shall contain
information--
``(1) describing efforts undertaken to improve
coordination of activities of the Peace Corps with
activities of international voluntary service
organizations, such as the United Nations volunteer
program, and of host country voluntary service
organizations, including--
``(A) a description of the purpose and scope
of any development project which the Peace
Corps undertook during the preceding fiscal
year as a joint venture with any such
international or host country voluntary service
organizations; and
``(B) recommendations for improving
coordination of development projects between
the Peace Corps and any such international or
host country voluntary service organizations;
``(2) describing--
``(A) any major new initiatives that the
Peace Corps has under review for the upcoming
fiscal year, and any major initiatives that
were undertaken in the previous fiscal year
that were not included in prior reports to the
Congress;
``(B) the rationale for undertaking such new
initiatives;
``(C) an estimate of the cost of such
initiatives; and
``(D) the impact on the safety of volunteers;
``(3) describing in detail the Peace Corps plans,
including budgetary plans, to have 14,000 volunteers in
service by 2007 while maintaining the quality of the
volunteer experience, ensuring the safety and security
of all volunteers, and providing for appropriate
administrative and other support; and
``(4) describing standard security procedures for any
country in which the Peace Corps operates programs or
is considering doing so, as well as any special
security procedures contemplated because of changed
circumstances in specific countries, and assessing
whether security conditions would be enhanced--
``(A) by co-locating volunteers with
international or local nongovernmental
organizations; or
``(B) with the placement of multiple
volunteers in one location.
``(b) Consultations on New Initiatives.--The Director of the
Peace Corps shall consult with the appropriate congressional
committees with respect to any major new initiatives not
previously discussed in the latest annual report submitted to
Congress under subsection (a) or in budget presentations.
Whenever possible, such consultations should take place prior
to the initiation of such initiatives, or as soon as
practicable thereafter.''.
(b) One-Time Report on Student Loan Forgiveness Programs.--
Not later than 30 days after the date of enactment of this Act,
the Director shall submit to the appropriate congressional
committees a report--
(1) describing the student loan forgiveness programs
currently available to Peace Corps volunteers upon
completion of their service;
(2) comparing such programs with other Government-
sponsored student loan forgiveness programs; and
(3) recommending any additional student loan
forgiveness programs which could attract more
applications from low- and middle-income individuals
who are carrying considerable student-loan debt
burdens.
(c) Annual Report to Congress on the Federal Equal
Opportunity Recruitment Program (FEORP).--Not later than 90
days after the date of enactment of this Act and annually
thereafter, the Director shall report on the progress of the
Peace Corps in recruiting historically underrepresented groups.
The Director shall prepare this report in accordance with
section 7201 of title 5, United States Code, and subpart B of
part 720 of title 5, Code of Federal Regulations.
(d) Report on Maintaining the Integrity of the Medical
Screening and Medical Placement Coordination Processes.--Not
later than 120 days after the date of enactment of this Act,
the Director shall prepare and submit to the appropriate
congressional committees a report that--
(1) describes the medical screening procedures and
standards of the Office of Medical Services/Screening
Unit of the Peace Corps to determine whether an
applicant for Peace Corps service has worldwide
clearance, limited clearance, a deferral period, or is
not medically, including psychologically, qualified to
serve in the Peace Corps as a volunteer;
(2) describes the procedures and criteria for
matching applicants for Peace Corps service with a host
country to ensure that the applicant, reasonable
accommodations notwithstanding, can complete at least
two years of volunteer service without interruption to
host country national projects due to foreseeable
medical conditions; and
(3) with respect to each of fiscal years 2000 through
2002 and the first six months of fiscal year 2003,
states the number of--
(A) medical screenings conducted;
(B) applicants who have received worldwide
clearance, limited clearance, deferral periods,
and medical disqualifications to serve;
(C) Peace Corps volunteers who the agency has
had to separate from service due to the
discovery of undisclosed medical information;
and
(D) Peace Corps volunteers who have
terminated their service early due to medical,
including psychological, reasons.
SEC. 1103. SPECIAL VOLUNTEER RECRUITMENT AND PLACEMENT FOR CERTAIN
COUNTRIES.
(a) Report.--Not later than 60 days after the date of
enactment of this Act, the Director shall submit to the
appropriate congressional committees a report that--
(1) describes the recruitment strategies to be
employed by the Peace Corps to recruit and train
volunteers with the appropriate language skills and
interest in serving in host countries; and
(2) lists the countries that the Director has
determined should be priorities for special recruitment
and placement of Peace Corps volunteers.
(b) Use of Returned Peace Corps Volunteers and Former
Staff.--The Director is authorized and strongly urged to
utilize the services of returned Peace Corps volunteers and
former Peace Corps staff who have relevant language and
cultural experience and may have served previously in countries
with substantial Muslim populations, in order to open or reopen
Peace Corps programs in such countries.
SEC. 1104. GLOBAL INFECTIOUS DISEASES INITIATIVE; COORDINATION OF HIV/
AIDS ACTIVITIES.
(a) Initiative.--
(1) In general.--The Director, in cooperation with
international public health experts, such as the
Centers for Disease Control and Prevention, the
National Institutes of Health, the World Health
Organization, the Pan American Health Organization, and
local public health officials, shall expand the Peace
Corps' program of training for Peace Corps volunteers
in the areas of education, prevention, and treatment of
infectious diseases which are prevalent in host
countries in order to ensure that the Peace Corps
increases its contribution to the global campaign
against such diseases.
(2) Additional requirement.--Activities for the
education, prevention, and treatment of infectious
diseases in host countries by the Peace Corps shall be
undertaken in a manner that is consistent with
activities authorized under sections 104(c), 104A,
104B, and 104C of the Foreign Assistance Act of 1961.
(b) Coordination of HIV/AIDS Activities.--
(1) In general.--The Director should designate an
officer or employee of the Peace Corps who is located
in the United States to coordinate all HIV/AIDS
activities within the Peace Corps. Such individual may
be an individual who is an officer or employee of the
Peace Corps on the date of the enactment of this Act.
(2) Field coordination.--In addition to the position
established under paragraph (1), the Director should
designate an individual within each country in sub-
Saharan Africa, the Western Hemisphere, and Asia in
which Peace Corps volunteers carry out HIV/AIDS
activities to coordinate all such activities of the
Peace Corps in such countries.
(c) Definitions.--In this section:
(1) AIDS.--The term ``AIDS'' means the acquired
immune deficiency syndrome.
(2) HIV.--The term ``HIV'' means the human
immunodeficiency virus, the pathogen that causes AIDS.
(3) HIV/AIDS.--The term ``HIV/AIDS'' means, with
respect to an individual, an individual who is infected
with HIV or living with AIDS.
(4) Infectious diseases.--The term ``infectious
diseases'' means HIV/AIDS, tuberculosis, and malaria.
SEC. 1105. PEACE CORPS NATIONAL ADVISORY COUNCIL.
Section 12 of the Peace Corps Act (22 U.S.C. 2511; relating
to the Peace Corps National Advisory Council) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C), by striking ``and''
after the semicolon;
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following:
``(D) make recommendations for utilizing the
expertise of returned Peace Corps volunteers and former
Peace Corps staff in fulfilling the goals of the Peace
Corps; and'';
(2) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) in the first sentence--
(I) by striking ``fifteen''
and inserting ``eleven''; and
(II) by striking ``President,
by and with the advice and
consent of the Senate'' and
inserting ``Director of the
Peace Corps'';
(ii) by striking the second sentence
and inserting the following: ``Six of
the members shall be former Peace Corps
volunteers, at least one of whom shall
have been a former staff member abroad
or in the Washington headquarters, and
not more than six shall be members of
the same political party.'';
(B) by striking subparagraph (B);
(C) by amending subparagraph (D) to read as
follows:
``(D) The members of the Council shall be appointed to 2-year
terms.'';
(D) in subparagraph (H), by striking ``nine''
and inserting ``seven'';
(E) in subparagraph (I), by striking
``President shall nominate'' and inserting
``Director shall appoint''; and
(F) by redesignating subparagraphs (C), (D),
(E), (F), (G), (H), and (I) as subparagraphs
(B), (C), (D), (E), (F), (G), and (H),
respectively; and
(3) by amending subsection (g) to read as follows:
``(g) Chair.--The Director shall designate one of the voting
members of the Council as Chair, who shall serve in that
capacity for a term of two years. The Director may renew the
term of a voting member appointed as Chair under the preceding
sentence.''.
SEC. 1106. READJUSTMENT ALLOWANCES.
The Peace Corps Act is amended--
(1) in section 5(c) (22 U.S.C. 2504(c)), by striking
``$125 for each month of satisfactory service'' and
inserting ``$275 for each month of satisfactory service
during fiscal year 2004 and $300 for each month of
satisfactory service thereafter''; and
(2) in section 6(1) (22 U.S.C. 2505(1)), by striking
``$125 for each month of satisfactory service'' and
inserting ``$275 for each month of satisfactory service
during fiscal year 2004 and $300 for each month of
satisfactory service thereafter''.
SEC. 1107. PROGRAMS AND PROJECTS OF RETURNED PEACE CORPS VOLUNTEERS AND
FORMER STAFF.
(a) Purpose.--The purpose of this section is to provide
support for returned Peace Corps volunteers to develop and
carry out programs and projects to promote the objectives of
the Peace Corps Act, as set forth in section 2(a) of that Act
(22 U.S.C. 2501(a)).
(b) Grants to Certain Nonprofit Corporations.--
(1) Grant authority.--
(A) In general.--To carry out the purpose of
this section, and subject to the availability
of appropriations, the Director may award
grants on a competitive basis to private
nonprofit corporations for the purpose of
enabling returned Peace Corps volunteers to use
their knowledge and expertise to develop and
carry out the programs and projects described
in paragraph (2).
(B) Delegation of authority and transfer of
funds.--The Director may delegate the authority
to award grants under subparagraph (A) and may
transfer funds authorized under this section
subject to the notification procedures of
section 634A of the Foreign Assistance Act of
1961 to the Chief Executive Officer of the
Corporation for National and Community Service
(referred to in this section as the
``Corporation'').
(2) Programs and projects.--Such programs and
projects may include--
(A) educational programs designed to enrich
the knowledge and interest of elementary school
and secondary school students in the geography
and cultures of other countries where the
volunteers have served;
(B) projects that involve partnerships with
local libraries to enhance community knowledge
about other peoples and countries; and
(C) audio-visual projects that utilize
materials collected by the volunteers during
their service that would be of educational
value to communities.
(3) Eligibility for grants.--To be eligible to
compete for grants under this section, a nonprofit
corporation shall have a board of directors composed of
returned Peace Corps volunteers and former Peace Corps
staff with a background in community service,
education, or health. If the grants are made by the
Corporation, the nonprofit corporation shall meet all
appropriate Corporation management requirements, as
determined by the Corporation.
(c) Grant Requirements.--Such grants shall be made pursuant
to a grant agreement between the Peace Corps or the Corporation
and the nonprofit corporation that requires that--
(1) the grant funds will only be used to support
programs and projects described in subsection (a)
pursuant to proposals submitted by returned Peace Corps
volunteers (either individually or cooperatively with
other returned volunteers);
(2) the nonprofit corporation will give consideration
to funding individual programs or projects by returned
Peace Corps volunteers, in amounts of not more than
$50,000, under this section;
(3) not more than 20 percent of the grant funds made
available to the nonprofit corporation will be used for
the salaries, overhead, or other administrative
expenses of the nonprofit corporation;
(4) the nonprofit corporation will not receive grant
funds for programs or projects under this section for a
third or subsequent year unless the nonprofit
corporation makes available, to carry out the programs
or projects during that year, non-Federal
contributions--
(A) in an amount not less than $2 for every
$3 of Federal funds provided through the grant;
and
(B) provided directly or through donations
from private entities, in cash or in kind,
fairly evaluated, including plant, equipment,
or services; and
(5) the nonprofit corporation shall manage, monitor,
and submit reports to the Peace Corps or the
Corporation, as the case may be, on each program or
project for which the nonprofit corporation receives a
grant under this section.
(d) Status of the Fund.--Nothing in this section shall be
construed to make any nonprofit corporation supported under
this section an agency or establishment of the Federal
Government or to make the members of the board of directors or
any officer or employee of such nonprofit corporation an
officer or employee of the United States.
(e) Factors in Awarding Grants.--In determining the number of
nonprofit corporations to receive grants under this section for
any fiscal year, the Peace Corps or the Corporation--
(1) shall take into consideration the need to
minimize overhead costs that direct resources from the
funding of programs and projects; and
(2) shall seek to ensure a broad geographical
distribution of grants for programs and projects under
this section.
(f) Congressional Oversight.--Grant recipients under this
section shall be subject to the appropriate oversight
procedures of Congress.
(g) Funding.--
(1) In general.--There is authorized to be
appropriated to carry out this section up to
$10,000,000. Such sum shall be in addition to funds
made available to the Peace Corps under this division.
(2) Availability.--Amounts appropriated pursuant to
paragraph (1) are authorized to remain available until
expended.
(h) Crisis Corps.--
(1) Statement of policy.--Congress states that the
Crisis Corps has been an effective tool in harnessing
the skills and talents of returned Peace Corps
volunteers.
(2) Increase in number of crisis corps assignments.--
The Director, in consultation with the governments of
host countries and appropriate nongovernmental
organizations, shall increase the number of available
Crisis Corps assignments for returned Peace Corps
volunteers to at least 120 assignments in fiscal year
2004, 140 assignments in fiscal year 2005, 160
assignments in fiscal year 2006, and 165 assignments in
fiscal year 2007.
SEC. 1108. DECLARATION OF POLICY.
Congress declares its support for the goal announced by
President Bush of doubling the number of Peace Corps volunteers
to 14,000 by 2007 and supports the funding levels necessary to
accomplish this growth.
SEC. 1109. PEACE CORPS IN SIERRA LEONE.
(a) Findings.--Congress makes the following findings:
(1) Peace Corps service to Sierra Leone was suspended
in 1994 due to a brutal civil war between the
government and the Revolutionary United Front (RUF).
(2) Backed by British military intervention and a
United Nations peacekeeping operation, government
authority has been reestablished throughout the country
and ``free and fair'' national elections took place in
May 2002.
(3) Sierra Leone is a majority Muslim country.
(4) The Peace Corps has given the safety and security
of its volunteers high priority.
(b) Sense of Congress.--It is the sense of Congress that the
Peace Corps should return its program to Sierra Leone as soon
as security conditions are consistent with the safety and
security of its volunteers.
SEC. 1110. AUTHORIZATION OF APPROPRIATIONS.
Section 3(b)(1) of the Peace Corps Act (22 U.S.C. 2502(b)(1))
is amended by striking ``and $365,000,000 fiscal year 2003''
and inserting ``$365,000,000 for fiscal year 2003, $366,868,000
for fiscal year 2004, $411,800,000 for fiscal year 2005,
$455,930,000 for fiscal year 2006, and $499,400,000 for fiscal
year 2007''.
----------
3. An Amendment To Be Offered by Representative Kennedy of Minnesota,
or His Designee, as an Amendment to the Amendment Numbered 2, To Be
Offered by Representative Hyde of Illinois, Debatable for 10 Minutes
Page 14, line 10, add at the end before the semicolon the
following: ``, including, with respect to investment in the
health of its citizens, a calculation of the amount of both
public and private expenditures on health initiatives as a
percentage of the gross domestic product of the country''.
----------
4. An Amendment To Be Offered by Representative Kolbe of Arizona, or
His Designee, as an Amendment to the Amendment Numbered 2, To Be
Offered by Representative Hyde of Illinois, Debatable for 20 Minutes
Page 15. beginning on line 17, strike ``fiscal year 2006''
and insert ``fiscal years 2004 through 2006''.
Page 16. line 6, strike ``fiscal year 2006'' and insert
``fiscal years 2004 through 2006''.
Page 16. line 8, strike ``fiscal year 2006'' and insert
``the fiscal year involved''.
----------
5. An Amendment To Be Offered by Representative Kolbe of Arizona, or
His Designee, as an Amendment to the Amendment Numbered 2, To Be
Offered by Representative Hyde of Illinois, Debatable for 10 Minutes
Page 56, after line 3, insert the following new section:
SEC. 310. CLARIFICATION OF ROLE OF USAID.
(a) Status of USAID.--The Administrator of the United States
Agency for International Development shall report to the
President through, and operate under the foreign policy
authority and direction of, the Secretary of State. The United
States Agency for International Development shall be
administered under the supervision and operational direction of
the Administrator of the Agency.
(b) Functions of USAID.--The United States Agency for
International Development is authorized--
(1) to receive appropriated funds;
(2) to be the United States Government agency
primarily responsible for administering sections 103
through 108 (other than section 104A), 214, and 491 of
the Foreign Assistance Act of 1961, the ``Child
Survival and Health Programs Fund'', and other United
States economic assistance as directed in writing by
the President or the Secretary of State, or as
otherwise provided by law;
(3) to provide assistance to a country currently
ineligible for assistance provided under title II in
order that it may become eligible for such assistance;
and
(4) upon the request of the Chief Executive Officer
of the Corporation and with the concurrence of the
Administrator of the Agency, to assist in the
evaluation, execution, and oversight of Millennium
Challenge Compacts described in section 204.
----------
6. An Amendment To Be Offered by Representative Paul of Texas, or His
Designee, Debatable for 10 Minutes
Page 32, after line 3, insert the following (and amend the
table of contents accordingly):
Subtitle C--Limitations
SEC. 131. LIMITATION ON USE OF FUNDS AUTHORIZED TO BE APPROPRIATED BY
THIS ACT FOR ANY UNITED STATES CONTRIBUTION TO THE
UNITED NATIONS OR ANY AFFILIATED AGENCY OF THE
UNITED NATIONS.
Notwithstanding any other provision of this Act, none of the
funds authorized to be appropriated by this Act may be
obligated or expanded to pay any United States contribution to
the United Nations or any affiliated agency of the United
Nations.
----------
7. An Amendment To Be Offered by Representative Hayworth of Arizona, or
His Designee, Debatable for 10 minutes
Page 88, after line 17, insert the following new section
(and amend the table of contents accordingly):
SEC. 406. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS REGULAR BUDGET.
Section 11 of the United Nations Participation Act of 1945
(22 U.S.C. 287e-3) is amended by striking ``22 percent of the
total of all assessed contributions for that budget'' and
inserting ``the largest assessed contribution of any other
permanent member country of the United Nations Security
Council''.
----------
8. An Amendment To Be Offered by Representative Tauscher of California,
or Her Designee, Debatable for 10 Minutes
Add the following at the end:
SEC. 1716. MARKETING INFORMATION FOR COMMERCIAL COMMUNICATIONS
SATELLITES.
(a) In General.--A license shall not be required under
section 38 of the Arms Export Control Act (22 U.S.C. 2778) for
the transfer of marketing information for the purpose of
providing information directly related to the sale of
commercial communications satellites and related parts to a
member country of the North Atlantic Treaty Organization (NATO)
or to Australia, Japan, or New Zealand.
(b) Marketing Information.--In this section, the term
``marketing information''--
(1) means data that a seller must provide to a
potential customer (including a foreign end user) that
will enable the customer to make a purchase decision to
award a contract for goods or services, including
system description, functional information, price and
schedule information, information required for
installation, operation, maintenance, and repair; and
(2) includes that level of data necessary to ensure
safe use of the product, but does not include sensitive
encryption and source code data, detailed design data,
engineering analysis, or manufacturing know-how.
(c) Exception.--Nothing in this section shall exempt
commercial communications satellites from any licensing
requirement under section 38 of the Arms Export Control Act (22
U.S.C. 2778) for defense items and defense services, except as
described in subsection (a).
----------
9. An Amendment To Be Offered by Representative Rohrabacher of
California, or His Designee, debatable for 10 Minutes
Insert after title XIV the following and redesignate
succeeding titles and sections, and references thereto,
accordingly:
TITLE XV--EXPORTS OF SATELLITES
SEC. 1501. EXPORT CONTROLS ON SATELLITES AND RELATED ITEMS.
Notwithstanding any other provision of law, in the case of
the export of commercial communications satellites and related
items to a country that is a member of the North Atlantic
Treaty Organization or that is a major non-NATO ally of the
United States, the President may determine to what extent, and
under which provisions of law, such export may be controlled.
SEC. 1502. MANDATORY REVIEW BY DEPARTMENT OF STATE.
(a) Certain Defense Services.--The provision of defense
services by United States persons, including services or
assistance provided during technical interchange meetings, in
connection with the launch of a satellite from, or by nationals
of, the People's Republic of China, are subject to section 38
of the Arms Export Control Act.
(b) Notification to Congress.--At least 30 days before any
export license or any technical assistance agreement is
approved under subsection (a), the President shall transmit a
certification with respect to such export license or technical
assistance agreement in the manner provided in section 36(d) of
the Arms Export Control Act, to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate. The export license or technical
assistance agreement shall not be approved if the Congress,
within that 30-day period, enacts a joint resolution
prohibiting such approval. The provisions of section 36(d)(5)
of that Act shall apply with respect to any such joint
resolution, and the provisions of section 36(f) of that Act
shall apply with respect to any certification submitted under
this subsection.
SEC. 1503. EXPORT RESTRICTIONS NOT AFFECTED.
Nothing in this title shall be construed to--
(1) modify any restriction on exports imposed under
any other provision of law, including--
(A) restrictions on exports to--
(i) any country the government of
which has been determined by the
Secretary of State to have repeatedly
provided support for acts of
international terrorism;
(ii) any country that does not adhere
to the Missile Technology Control
Regime; or
(iii) any other country of
proliferation concern; and
(B) restrictions imposed under title IX of
the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991; or
(2) affect any provision of section 1514 or 1515 of
the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (22 U.S.C. 2778 note), or of title
XIV of the National Defense Authorization Act for
Fiscal Year 2000 (22 U.S.C. 2778 note).
SEC. 1504. DEFINITIONS.
In this title:
(1) Defense service.--The term ``defense service''
means--
(A) the furnishing of assistance (including
training) to foreign persons, whether in the
United States or abroad, in the design,
development, engineering, manufacture,
production, assembly, testing, repair,
maintenance, modification, operation,
destruction, processing, or use of a satellite
or related items; and
(B) the furnishing to foreign persons,
whether in the United States or abroad, of any
technical data in connection with a satellite
or related items.
(2) Related items.--The term ``related items'' means
the satellite fuel, ground support equipment, test
equipment, payload adapter or interface hardware,
replacement parts, and nonembedded solid propellant
orbit transfer engines described in the report
submitted to Congress by the Department of State on
February 6, 1998, pursuant to section 38(f) of the Arms
Export Control Act (22 U.S.C. 2778(f)), as well as
systems, components, parts, accessories, and associated
equipment for satellites, including ground control
equipment.
(3) United states person.--The term ``United States
person'' has the meaning given that term in section
16(2) of the Export Administration Act of 1979 (50
U.S.C. 1415(2)).
----------
10. An Amendment To Be Offered by Representative Menendez of New
Jersey, or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following new section (and
conform the table of contents accordingly):
SEC. ____. ASSISTANCE TO TAMIL NADU.
(a) Findings.--Congress makes the following findings:
(1) Several United States businesses invested more
than $800,000,000 in capital in the Indian State of
Tamil Nadu to build and operate state-of-the-art
electric generation facilities to serve local
customers.
(2) For nearly 2 years since these power plants went
into service, the Tamil Nadu Electricity Board has
violated the principle of contract sanctity by
consistently refusing to pay the contractually-required
price for the electricity produced by these companies.
(3) The Tamil Nadu Electricity Board now owes these
United States companies in excess of $150,000,000 in
arrearages despite repeated assurances by the
Government of Tamil Nadu that the situation would be
resolved.
(4) All of the projects are in a technical state of
default on the principal of their loans and none of the
United States companies is making a return on their
equity.
(b) Restriction.--No funds authorized by this Act (including
any amendments made by this Act) or authorized under any other
provision of law may be used to directly or indirectly support
any programs, projects, or activities (other than humanitarian,
health, or rule of law programs, projects, or activities)
located in or designed to benefit the State of Tamil Nadu,
India.
----------
11. An Amendment To Be Offered by Representative Weldon of
Pennsylvania, or His Designee, Debatable for 10 Minutes
At the end of the bill (before the short title), insert the
following:
Sec. ____. None of the funds made available in this Act may
be used to provide assistance to the Republic of Moldova unless
the President determines and certifies to Congress that the
Government of Moldova has met its obligations with respect to
investments made by United States citizens in the ``Aroma''
cognac factory located in Moldova.
----------
12. An Amendment To Be Offered by Representative Manzullo of Illinois,
or His Designee, Debatable for 10 Minutes
After section 3 of the bill, insert the following new section
(and conform the table of contents accordingly):
SEC. 4. SPECIAL RULES FOR APPLYING BUY AMERICAN ACT.
(a) Acquisitions of Articles, Materials, and Supplies.--With
respect to any acquisition under this Act or any amendment made
by this Act of articles, materials, or supplies that are
subject to section 2 of the Buy American Act (41 U.S.C. 10a),
such section shall be applied to such acquisition by
substituting ``at least 65 percent'' for ``substantially all'';
or
(b) Contracts for Construction, Alternation, or Repair.--With
respect to any contract for the construction, alteration, or
repair of any public building or public work entered into under
this Act or any amendment made by this Act that is subject to
section 3 of the Buy American Act (41 U.S.C. 10b), such section
shall be applied to such contract by substituting ``at least 65
percent'' for ``substantially all''.
----------
13. An Amendment To Be Offered by Representative Crowley of New York,
or His Designee, Debatable for 10 Minutes
Page 111, after line 13, insert the following new section
(and amend the table of contents accordingly):
SEC. 507. CONTRACTOR REQUIREMENTS.
(a) Findings.--The Congress finds that the overriding
national security aspects of the international programs of the
International Broadcasting Bureau require the assurance of
uninterrupted logistic support under all circumstances for the
programs. Therefore, it is in the best interests of the United
States to provide a preference for United States contractors
bidding on these projects.
(b) Preference for United States Contractors.--
Notwithstanding any other provision of law, in any case where
there are two or more qualified bidders on projects of the
International Broadcasting Bureau, including design and
construction projects and projects with respect to
transmitters, antennas, spare parts, and other technical
equipment, all the responsive bids of United States persons and
qualified United States joint venture persons shall be
considered to be reduced by 10 percent.
(c) Exception.--
(1) Subsection (b) shall not apply with respect to
any project of the International Broadcasting Bureau
when--
(A) precluded by the terms of an
international agreement with the host foreign
country;
(B) a foreign bidder can establish that the
foreign bidder is a national of a country whose
government permits United States contractors
and suppliers the opportunity to bid on a
competitive and nondiscriminatory basis with
its national contractors and suppliers, on
procurement and projects related to the
construction, modernization, upgrading, or
expansion of--
(i) its national public radio and
television sector,
(ii) its private radio and television
sector, to the extent that such
procurement or project is, in whole or
in part, funded or otherwise under the
control of a government agency or
authority,
(C) the Secretary of Commerce certifies (in
advance of the award of the contract for that
project) to the Board of the International
Broadcasting Bureau that the foreign bidder is
not receiving any direct subsidy from any
government, the effect of which would be to
disadvantage the competitive position of United
States persons who also bid on the project, or
(D) the statutes of a host foreign country
prohibit the use of United States contractors
on such projects within that country.
(2) An exception under paragraph (1)(D) shall only
become effective with respect to a foreign country 30
days after the Secretary of State certifies to the
Committee on International Relations and the Committee
on Appropriations of the House of Representatives and
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate what specific actions the
Secretary has taken to urge the foreign country to
permit the use of United States contractors on such
projects.
(d) Definitions.--For purposes of this section:
(1) The term ``United States person'' means a person
that--
(A) is incorporated or otherwise legally
organized under the laws of the United States,
including any State (and any political
subdivision thereof) and the District of
Columbia;
(B) has its principal place of business in
the United States;
(C) has been incorporated or otherwise
legally organized in the United States for more
than 5 years before the issuance date of the
Invitation For Bids or the Request For
Proposals with respect to a project under
subsection (b);
(D) has proven, as indicated by prior
contracting experience, to possess the
technical, managerial, and financial capability
to successfully complete a project similar in
nature and technical complexity to that being
contracted for;
(E)(i) employs United States citizens in at
least 80 percent of its principal management
positions in the United States;
(ii) employs United States citizens in more
than half of its permanent, full-time positions
in the United States; and
(iii) will employ United States citizens in
at least 80 percent of the supervisory
positions on the project site; and
(F) has the existing technical and financial
resources in the United States to perform the
contract.
(2) The term ``qualified United States joint venture
person'' means a joint venture in which a United States
person or persons own at least 51 percent of the assets
of the joint venture.
(3) The term ``responsive bid'' includes only a bid
where the bidder can establish that the United States
goods and services content, excluding consulting and
management fees, of the bidder's proposal and the
resulting contract will not be less than 55 percent of
the value of the bidder's proposal and the resulting
total contract.
(e) Effective Date.--The provisions of this section shall
apply to any project with respect to which the Request For
Proposals (commonly referred to as ``RFP'') or the Invitation
For Bids (commonly referred to as ``IFB'') was issued after the
date of the enactment of this Act.
----------
14. An Amendment To Be Offered by Representative Schiff of California,
or His Designee, Debatable for 10 Minutes
At the end of title VII (relating to miscellaneous
provisions) insert the following:
SEC. 735. SENSE OF CONGRESS CONCERNING THE TIMELY ISSUANCE OF VISAS FOR
RUSSIAN WEAPONS SCIENTISTS INVOLVED IN ARMS CONTROL
AND NONPROLIFERATION EXCHANGES WITH THE UNITED
STATES.
(a) Findings.--Congress makes the following findings:
(1) The United States visa approval system has in the
past lacked proper oversight, coordination, and
supervision. A more systematic, stringent, and rigorous
evaluation system for visa approvals is clearly in the
best interests of the United States.
(2) Many distinguished scholars, professors,
researchers, and foreign associates of United States
national academies have been prevented by visa delays
from entering the United States for engagements at
major conferences, meetings, and teaching invitations
at American universities.
(3) Research collaborators for United States
laboratories have also been prevented from entering the
United States. Their absence halts projects and
compromises United States commitments in long-standing
international cooperative agreements aimed at reducing
stockpiles of weapons of mass destruction.
(4) Visa restrictions came within one day of forcing
the cancellation of an important meeting in Washington,
D.C. of the National Academy of Sciences Committee on
United States Russian Cooperation on Nuclear Non-
Proliferation.
(5) Russian weapons scientists involved in nuclear
non-proliferation cooperative efforts with the United
States are critical to American efforts to ensure that
nuclear weapons-grade materials remain under control
and out of the hands of terrorists.
(6) In a December 2002 statement, the Presidents of
the National Academy of Sciences, the National Academy
of Engineering, and the Institute of Medicine found
that a United States approach to visas that welcomes
qualified foreign scientists, engineers, health
professionals, and students serves national goals in
three distinct ways:
(A) It harnesses international cooperation
for counterterrorism.
(B) It builds stronger allies through
scientific and technical cooperation.
(C) It maintains United States global
leadership in science and technology.
(7) The Presidents of the National Academy of
Sciences, the National Academy of Engineering, and the
Institute of Medicine have found that current United
States policy toward granting visas, to foreign
scientists is harmful to the United States scientific
community and to the longterm well-being of the United
States. They stated on December 13, 2002, that ``To
make our nation safer, it is extremely important that
our visa policy not only keep out foreigners who intend
to do us harm, but also facilitate the acceptance of
those who bring us considerable benefit. Recent efforts
by our government to constrain the flow of
international visitors in the name of national security
are having serious unintended consequences for American
science, engineering, and medicine. The long-term
security of the United States depends on admitting
scholars who benefit our nation. In short, the United
States scientific, engineering, and health communities
cannot hope to maintain their present position of
international leadership if they become isolated from
the rest of the world. We view this as an urgent
matter, one that must be promptly addressed if the
United States is to meet both its national security and
economic development goals.''.
(8) Currently, consular officials send many visa
applications back to the United States for sequential
security clearances by several agencies, which may lead
to long delays in visa processing. Consular officers
are subject to criminal penalties if they grant a visa
to a person who subsequently commits a terrorist act in
the United States. However, there are currently no
incentives for consular officers to facilitate
scientific exchanges, which may advance the national
interest of the United States.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) to the extent possible and consistent with
national security objectives, the United States should
expedite the processing of granting visas to Russian
weapons scientists, especially those participating in
bilateral weapon disarmament talks, negotiations, and
exchanges, to enable them to participate in cooperative
nonproliferation activities with their counterparts in
the United States, and
(2) the Department of State is encouraged to consider
streamlining the process of granting visas for such
scientists as follows:
(A) Reinstate a procedure of pre-security
clearance for scientists and engineers with the
proper credentials.
(B) Involve the United States scientific and
technical community in determining areas of
particular security concern.
----------
15. An Amendment To Be Offered by Representative Schakowsky of
Illinois, or Her Designee, Debatable for 10 Minutes
Page 78, after line 23, insert the following (and amend the
table of contents accordingly):
SEC. 724. ALLOCATION OF RESOURCES FOR EMBASSIES AND CONSULATES.
(a) Sense of Congress.--It is the sense of the Congress that
the Secretary of State should provide such resources,
personnel, and training at each United States Embassy and
consulate as are adequate to carry out the duties and
responsibilities of such posts and to meet the needs of those
seeking services at such posts. In particular, given Public
Notice 4393 (Federal Register, July 7, 2003) which restricts
the number of waivers that can be granted for interviews of
nonimmigrant visas, the Secretary of State should provide
sufficient resources, particularly in countries that are allies
of the United States, to ensure that staff can process visa
applications, including conducting personal interviews, in a
manner that is timely, while complying with all the application
requirements, including security concerns.
(b) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State shall
submit a report concerning the allocation of resources for
embassies and consulates to the appropriate congressional
committees.
----------
16. An Amendment To Be Offered by Representative Gallegly of
California, or His Designee, Debatable for 10 Minutes
At the end of title VII (relating to miscellaneous
provisions) insert the following:
SEC. 736. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) Period of Designation.--Section 219(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)(4)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``Subject to paragraphs (5)
and (6), a'' and inserting ``A''; and
(B) by striking ``for a period of 2 years
beginning on the effective date of the
designation under paragraph (2)(B)'' and
inserting ``until revoked under paragraph (5)
or (6) or set aside pursuant to subsection
(c)'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary
shall review the designation of a
foreign terrorist organization under
the procedures set forth in clauses
(iii) and (iv) if the designated
organization files a petition for
revocation within the petition period
described in clause (ii).
``(ii) Petition period.--For purposes
of clause (i)--
``(I) if the designated
organization has not previously
filed a petition for revocation
under this subparagraph, the
petition period begins 2 years
after the date on which the
designation was made; or
``(II) if the designated
organization has previously
filed a petition for revocation
under this subparagraph, the
petition period begins 2 years
after the date of the
determination made under clause
(iv) on that petition.
``(iii) Procedures.--Any foreign
terrorist organization that submits a
petition for revocation under this
subparagraph must provide evidence in
that petition that the relevant
circumstances described in paragraph
(1) have changed in such a manner as to
warrant revocation with respect to the
organization.
``(iv) Determination.--
``(I) In general.--Not later
than 180 days after receiving a
petition for revocation
submitted under this
subparagraph, the Secretary
shall make a determination as
to such revocation.
``(II) Classified
information.--The Secretary may
consider classified information
in making a determination in
response to a petition for
revocation. Classified
information shall not be
subject to disclosure for such
time as it remains classified,
except that such information
may be disclosed to a court ex
parte and in camera for
purposes of judicial review
under subsection (c).
``(III) Publication of
determination.--A determination
made by the Secretary under
this clause shall be published
in the Federal Register.
``(IV) Procedures.--Any
revocation by the Secretary
shall be made in accordance
with paragraph (6).''; and
(3) by adding at the end the following:
``(C) Other review of designation.--
``(i) In general.--If in a 4-year
period no review has taken place under
subparagraph (B), the Secretary shall
review the designation of the foreign
terrorist organization in order to
determine whether such designation
should be revoked pursuant to paragraph
(6).
``(ii) Procedures.--If a review does
not take place pursuant to subparagraph
(B) in response to a petition for
revocation that is filed in accordance
with that subparagraph, then the review
shall be conducted pursuant to
procedures established by the
Secretary. The results of such review
and the applicable procedures shall not
be reviewable in any court.
``(iii) Publication of results of
review.--The Secretary shall publish
any determination made pursuant to this
subparagraph in the Federal
Register.''.
(b) Aliases.--Section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189) is amended--
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(2) by inserting after subsection (a) the following
new subsection (b):
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a
designation under this subsection if the Secretary
finds that the organization has changed its name,
adopted a new alias, dissolved and then reconstituted
itself under a different name or names, or merged with
another organization.
``(2) Procedure.--Amendments made to a designation in
accordance with paragraph (1) shall be effective upon
publication in the Federal Register. Subparagraphs (B)
and (C) of subsection (a)(2) shall apply to an amended
designation upon such publication. Paragraphs
(2)(A)(i), (4), (5), (6), (7), and (8) of subsection
(a) shall also apply to an amended designation.
``(3) Administrative record.--The administrative
record shall be corrected to include the amendments as
well as any additional relevant information that
supports those amendments.
``(4) Classified information.--The Secretary may
consider classified information in amending a
designation in accordance with this subsection.
Classified information shall not be subject to
disclosure for such time as it remains classified,
except that such information may be disclosed to a
court ex parte and in camera for purposes of judicial
review under subsection (c).''.
(c) Technical and Conforming Amendments.--Section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(B), by striking
``subsection (b)'' and inserting ``subsection
(c)'';
(B) in paragraph (6)(A)--
(i) in the matter preceding clause
(i), by striking ``or a redesignation
made under paragraph (4)(B)'' and
inserting ``at any time, and shall
revoke a designation upon completion of
a review conducted pursuant to
subparagraphs (B) and (C) of paragraph
(4)''; and
(ii) in clause (i), by striking ``or
redesignation'';
(C) in paragraph (7), by striking ``, or the
revocation of a redesignation under paragraph
(6),''; and
(D) in paragraph (8)--
(i) by striking ``, or if a
redesignation under this subsection has
become effective under paragraph
(4)(B),''; and
(ii) by striking ``or
redesignation''; and
(2) in subsection (c), as so redesignated--
(A) in paragraph (1), by striking ``of the
designation in the Federal Register,'' and all
that follows through ``review of the
designation'' and inserting ``in the Federal
Register of a designation, an amended
designation, or a determination in response to
a petition for revocation, the designated
organization may seek judicial review'';
(B) in paragraph (2), by inserting ``,
amended designation, or determination in
response to a petition for revocation'' after
``designation'';
(C) in paragraph (3), by inserting ``,
amended designation, or determination in
response to a petition for revocation'' after
``designation''; and
(D) in paragraph (4), by inserting ``,
amended designation, or determination in
response to a petition for revocation'' after
``designation'' each place that term appears.
(d) Savings Provision.--For purposes of applying section 219
of the Immigration and Nationality Act on or after the date of
enactment of this Act, the term ``designation'', as used in
that section, includes all redesignations made pursuant to
section 219(a)(4)(B) of the Immigration and Nationality Act (8
U.S.C. 1189(a)(4)(B)) prior to the date of enactment of this
Act, and such redesignations shall continue to be effective
until revoked as provided in paragraph (5) or (6) of section
219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)).
----------
17. An Amendment To Be Offered by Representative Hostettler of Indiana,
or His Designee, Debatable for 10 Minutes
Page 70, after line 2, insert the following new section (and
conform the table of contents accordingly):
SEC. 231. ISSUANCE OF CONSULAR IDENTIFICATION CARDS BY FOREIGN
MISSIONS.
(a) Issuance of Consular Identification Cards.--The Congress
finds that foreign governments have been issuing consular
identification cards to foreign nationals in the United States
for purposes other than those intended by the Vienna Convention
on Consular Relations (done at Vienna on 24 April 1963).
(b) Issuance of Consular Identification Cards.--The issuance
by foreign missions of consular identification cards shall be
considered a benefit to a foreign mission under section 203(2)
of the State Department Basic Authorities Act of 1956 and shall
be regulated by the Secretary in accordance with this section
and section 204 of that Act.
(c) Authority to Issue Regulations.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
State shall issue regulations consistent with this section with
respect to the issuance by foreign missions in the United
States of consular identification cards to foreign nationals
residing in the United States.
(d) Content of Regulations.--Regulations referred to in
subsection (c) shall include the following restrictions and
requirements:
(1) Notification to the united states government.--A
foreign mission shall notify the Secretary of State of
each consular identification card issued within the
United States, including the name and current address
within the United States of the recipient of a card.
(2) Issuance to bona fide citizens of the country of
origin.--A foreign mission may issue a consular
identification card only to a national of the country
represented by the foreign mission. Foreign missions
shall establish procedures to verify the nationality of
card recipients through either national birth registry
systems or voter registration identification systems,
and bona fide documents such as a passport issued by
the country of origin.
(3) Maintenance of accurate and complete records.--A
foreign mission shall maintain at the mission complete
and accurate records of all consular identification
cards issued and shall maintain an automated record
system that contains such records in a manner that can
be rapidly accessed to prevent duplicate or fraudulent
issuance of such cards.
(4) Address change notification requirement.--A
foreign mission shall require card recipients to notify
the foreign mission of any change of address within 30
days after such address change.
(5) Access to audit records.--At the request of the
Secretary of State, a foreign mission shall make
available for audit and review, by the Secretary or the
Inspector General of the Department of State, the
records of all consular identification cards issued.
(e) Failure to Adhere to Regulations.--
(1) If the Secretary of State determines that a
foreign mission has issued consular identification
cards in violation of the requirements of regulations
related to the issuance of such cards by foreign
missions and such violation potentially threatens the
security of the United States or facilitates fraudulent
or criminal acts, the Secretary of State shall notify
the government of the country represented by the
foreign mission that the foreign mission must suspend
the issuance of consular identification cards until
compliance with applicable regulations is established.
(2) If the foreign mission of a country fails to
suspend issuance of consular identification cards in
accordance with a notification under paragraph (1), the
Secretary of State shall direct consular officials in
that country to cease the issuance of immigrant or
nonimmigrant visas, or both, to nationals of that
country until such time as the Secretary of State
determines that the foreign mission of that country is
in compliance with the requirements of regulations
related to the issuance of such cards by foreign
missions.
----------
18. An Amendment To Be Offered by Representative Burton of Indiana, or
His Designee, Debatable for 10 Minutes
Page 78, after line 23, insert the following:
SEC. 274. NOTICE TO UNITED STATES EMBASSIES ABROAD REGARDING CHILDREN
WHO ARE THE SUBJECT OF INTERNATIONAL CHILD
ABDUCTION AND GUIDELINES RELATING TO ASYLUM FOR
SUCH CHILDREN.
(a) Notice of International Child Abduction.--The Secretary
of State shall establish procedures to ensure that appropriate
United States Embassies abroad are notified of the possible
presence in that country of any child who has been the subject
of international child abduction in violation of the order of a
court in the United States.
(b) Guidelines for Asylum.--The Secretary of State shall
promulgate guidelines for the personnel of United States
Embassies abroad concerning procedures relating to asylum at
such facilities for children who are the subject of
international child abduction.
SEC. 275. INADMISSIBILITY OF ALIENS SUPPORTING INTERNATIONAL CHILD
ABDUCTORS AND RELATIVES OF SUCH ABDUCTORS.
(a) In General.--Section 212(a)(10)(C)(ii) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(10)(C)(ii)) is amended--
(1) in subclause (I), by striking the comma at the
end and inserting a semicolon;
(2) in subclause (II), by striking ``, or'' at the
end and inserting a semicolon;
(3) by amending subclause (III) to read as follows:
``(III) is a spouse (other
than the spouse who is the
parent of the abducted child),
child (other than the abducted
child), parent, sibling,
cousin, uncle, aunt, nephew,
niece, or grandparent of an
alien described in clause (i),
is an agent of such an alien,
or is a principal employing
such an alien as an agent, if
such person has been designated
by the Secretary of State at
the Secretary's sole and
unreviewable discretion; or''
and
(4) by adding at the end the following:
``(IV) is a spouse of the
abducted child described in
clause (i), if such person has
been designated by the
Secretary of State at the
Secretary's sole and
unreviewable discretion,
is inadmissible until such child is
surrendered to the person granted
custody by the order described in that
clause, and such custodian and child
are permitted to return to the United
States or such custodian's place of
residence.''.
(b) Identification of Aliens Supporting Abductors and
Relatives of Abductors; Notice to Custodial Parents and
Guardians; Annual Report; Definitions.--Section 212(a)(10)(C)
of the Immigration and Nationality Act (8 U.S.C.
1182(a)(10)(C)) is amended by adding at the end the following:
``(iv) Identification of aliens
supporting abductors and relatives of
abductors.--In all instances in which
an alien commits an act described in
clause (i), the Secretary of State
shall take appropriate action to
identify the individuals who are
inadmissible under clause (ii).
``(v) Notice to custodial parents and
guardians.--In all instances in which
an alien commits an act described in
clause (i), the Secretary of State
shall, upon request of the person
granted custody of the child concerned,
inform the person of whether, and when,
any individual who is inadmissible
under clause (ii) by reason of such act
has been issued a visa or otherwise
authorized to enter the United States.
``(vi) Annual report.--The Secretary
of State annually shall submit to the
Committee on International Relations,
the Committee on Government Reform, and
the Committee on the Judiciary of the
United States House of Representatives,
and the Committee on Foreign Relations,
the Committee on Governmental Affairs,
and the Committee on the Judiciary of
the United States Senate, a report that
provides, with respect to the preceding
year, an accounting of the number of
cases known to the Secretary of State,
disaggregated according to the
nationality of the alien concerned--
``(I) in which an authority
under this subparagraph was
exercised (and with respect to
each such case, the specific
ground for inadmissibility
shall be specified); and
``(II) in which an authority
under this subparagraph has not
been exercised but in which an
alien, after entry of an order
by a court in the United States
granting custody to a person of
a United States citizen child,
detained or retained the child,
or withheld custody of the
child, outside the United
States from the person granted
custody by that order.
``(vii) Definitions.--For purposes of
this subparagraph--
``(I) the term `child' means
an individual who was a child
at the time the individual was
detained or retained, or at the
time custody of the individual
was withheld, as described in
clause (i), regardless of the
age or marital status of the
individual after such time; and
``(II) the term `sibling'
includes a step-sibling or
half-sibling.''.
----------
19. An Amendment To Be Offered by Representative Ackerman of New York,
or His Designee, Debatable for 10 Minutes
Page 14, strike lines 1 through 4, and insert the following:
(5) Protection of foreign missions and
officials.--
(A) For ``Protection of Foreign
Missions and Officials'', $25,000,000
for the fiscal year 2004 and
$25,000,000 for the fiscal year 2005.
(B) In addition to amounts authorized
to be appropriated by subparagraph (A),
there is authorized to be appropriated
$30,600,000 for ``Protection of Foreign
Missions and Officials'' only to
reimburse the City of New York for
stnecessary expenses incurred since
1999 for the protection of foreign
missions and officials.
(C) Notwithstanding section 34 of the
State Department Basic Authorities Act
of 1956 (22 U.S.C. 2706), the Secretary
is authorized to reprogram not more
than $5,000,000 of funds otherwise
authorized to be appropriated by this
section for the purposes of this
paragraph.
----------
20. An Amendment To Be Offered by Representative Ackerman of New york,
or His Designee, Debatable for 10 Minutes
Page 70, after line 2 insert the following (and amend the
table of contents accordingly):
SEC. 231. INTERFERENCE WITH PROTECTIVE FUNCTIONS.
(a) Offense.--Chapter 7 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 117. Interference with certain protective functions
``Whoever knowingly and willfully obstructs, resists, or
interferes with a Federal law enforcement agent engaged, within
the United States or the special maritime territorial
jurisdiction of the United States, in the performance of the
protective functions authorized by section 37 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2709) or
section 103 of the Diplomatic Security Act (22 U.S.C. 4802)
shall be fined under this title or imprisoned not more than one
year, or both.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``117. Interference with certain protective functions.''.
____________________________________________________
21. An Amendment To Be Offered by Representative Andrews of New Jersey,
or His Designee, Debatable for 10 Minutes
At the end of title VII of the bill, add the following new
section (and conform the table of contents accordingly):
SEC. ____. SENSE OF CONGRESS RELATING TO REGARDING SECURITY FOR TAIWAN.
(a) Findings.--Congress finds the following:
(1) For over half a century a close relationship has
existed between the United States and Taiwan which has
been of enormous economic, cultural, and strategic
advantage to both countries.
(2) Taiwan today is a full-fledged democracy with a
vibrant economy and a vigorous multi-party political
system that respects human rights and the rule of law.
(3) Taiwan is an ally of the United States, as most
recently evidenced by Taiwan's provision of
humanitarian and financial assistance to Afghanistan at
the request of the United States and its support for
Operation Iraqi Freedom.
(4) The security of the 23 million people in Taiwan
is threatened by the deployment by the People's
Republic of China of over 400 short-range ballistic
missiles targeted at Taiwan, and the purchase by the
PRC of advanced weaponry systems, including Su-27 and
Su-30 fighter planes, Kilo submarines, and Sovremenny
destroyers.
(5) Taiwan was threatened by missile exercises
conducted by the PRC in August 1995 and again in March
1996 when Taiwan was conducting its first free and
direct presidential elections.
(6) Section 2(b)(4) of the Taiwan Relations Act (22
U.S.C. 3301(b)(4)) considers any effort to determine
the future of Taiwan by other than peaceful means,
including by boycotts or embargoes, a threat to the
peace and security of the Western Pacific area and of
grave concern to the United States.
(7) Section 2(b)(6) of the Taiwan Relations Act (22
U.S.C. 3301(b)(6)) requires the United States to
maintain the capacity to resist any resort to force or
other forms of coercion that would jeopardize the
security, or the social or economic system, of the
people on Taiwan.
(8) In his January 17, 2001, confirmation hearing as
Secretary of State, General Colin Powell stated that
``We will stand by Taiwan and will provide for the
defense needs of Taiwan in accordance with the Taiwan
Relations Act and the subsequent communiques.''.
(9) President Bush stated on April 24, 2001, that the
United States will do whatever it takes to help Taiwan
defend itself.
(10) In his testimony before the International
Relations Committee of the House of Representatives and
the Foreign Relations Committee of the Senate in
February and March of 2002, Admiral Dennis Blair of the
United States Pacific Command testified that ``China
continued to build and exercise its force of short-
range ballistic missiles ranging Taiwan. It still seeks
to develop a range of military options to influence and
intimidate Taiwan, and has not abandoned the option of
using force to resolve Taiwan's status.''.
(11) The July 2002 U.S.-China Economic and Security
Review Commission report to Congress stated that
``China is enhancing its capability to carry out
attacks across the Taiwan Strait with its special
operations forces, air forces and navy and missiles
forces with little notice,'' and ``the Commission
recommends that the U.S. along with its allies should
continue to call upon China to renounce the threat of
or the use of force against Taiwan.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) grave concerns exist concerning the deployment by
the People's Republic of China of hundreds of ballistic
missiles directed toward Taiwan, which threaten the
security and stability in the Taiwan Strait;
(2) the President should direct all appropriate
United States officials to raise these concerns with
the appropriate officials from the People's Republic of
China, and should seek a public, immediate, and
unequivocal renunciation from the leaders of the
People's Republic of China of any threat or use of
force against Taiwan;
(3) the President should affirm with the leaders of
the People's Republic of China that there will not be a
quid pro quo between the dismantling of missiles aimed
at Taiwan by the People's Republic of China, and arms
sales to Taiwan by the United States;
(4) China should dismantle the missiles that threaten
Taiwan, otherwise the President should authorize the
sale of the Aegis system to Taiwan, which would enable
Taiwan to defend itself against the threat of a missile
attack by China; and
(5) the future of Taiwan should be determined
peacefully and with the express consent of the people
of Taiwan.
----------
22. An Amendment To Be Offered by Representative Bereuter of Nebraska,
or His Designee, Debatable for 10 Minutes
Page 211, after line 11, insert the following section (and
amend the table of contents accordingly):
SEC. 736. SENSE OF CONGRESS IN APPRECIATION OF THE ARMED FORCES OF THE
UNITED STATES AND REGARDING RESTORING STABILITY AND
SECURITY IN IRAQ.
(a) Findings.--The Congress makes the following findings:
(1) The United States, with the support of forces
from Great Britain and other countries, historically
and courageously liberated Iraq in three weeks.
(2) Conditions on the ground in parts of Iraq
continue to pose a grave threat to American troops,
thereby complicating efforts to restore law and order
and essential public services for Iraqis. Such efforts
are further complicated by the absence of effective
communications with the Iraqi people.
(3) Ultimately, maintaining law and order in Iraq and
preserving its territorial integrity will require the
creation of a professionally trained Iraqi police force
and a reformed Iraqi military; however, that will take
a significant amount of time and in the meantime
international armed forces and police must assume these
responsibilities.
(4) Approximately 145,000 United States troops are
currently deployed in Iraq, meaning that American
troops comprise roughly 90 percent of Coalition forces.
If, as the Department of Defense has stated, an
additional 10,000 international troops join the
Coalition effort in Iraq by September, Americans will
still comprise roughly 85 percent of Coalition forces.
(5) Maintaining the existing force level in Iraq
currently requires $3,900,000,000 each month.
(6) The Department of Defense has stated that it will
require one year to train a new Iraqi Army of 12,000
soldiers and three years to train 40,000 soldiers.
(7) The Coalition Provisional Authority has stated
that it will require at least one year to recruit and
train a police force of 40,000 officers capable of
assuming minimal policy functions in Iraq, that it will
require five years to recruit and train a full force of
75,000 officers, and that at least 5500 additional
international police are needed to train, assist, and
jointly patrol with the existing Iraqi police force.
(8) President Bush has noted that ``The rise of Iraq,
as an example of moderation and democracy and
prosperity, is a massive and long-term undertaking,''
and it is clear that increasing the number of troops
and police from countries other than the United States
will reduce risks to American soldiers and the
financial cost to the United States.
(9) Secretary Rumsfeld testified that ``We certainly
want assistance from NATO and from NATO countries'' and
it is clear that involving the North Atlantic Treaty
Organization, as is being done in Afghanistan and has
been done in Kosovo and Bosnia, allows the Coalition to
maintain a robust military presence while decreasing
the exposure and risk to American troops.
(10) Rebuilding Iraq's neglected infrastructure and
economy and administering Iraq--including providing
basic services and paying public sector salaries--is
likely to require tens of billions of dollars over
several years and projected Iraqi oil revenues will be
insufficient to meet these costs.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national security interests of the
United States to remain engaged in Iraq in order to
ensure a peaceful, stable, unified Iraq with a
representative government;
(2) the President should consider requesting formally
and expeditiously that the North Atlantic Treaty
Organization (NATO) raise a force for deployment in
post-war Iraq similar to what it has done in
Afghanistan, Bosnia, and Kosovo and the Congress urges
NATO allies and other nations to provide troops and
police to Coalition efforts in Iraq; and
(3) the President should consider calling on the
United Nations to urge its member states to provide
military forces and civilian police to promote
stability and security in Iraq and resources to help
rebuild and administer Iraq.
----------
23. An Amendment To Be offered by Delegate Bordallo of Guam, or Her
Designee, Debatable for 10 Minutes
Page 83, after line 10, insert the following (and amend the
table of contents accordingly):
SEC. 311. TREATMENT OF TERRITORIES AND POSSESSIONS AS PART OF THE
GEOGRAPHIC UNITED STATES FOR PURPOSES OF TRANSFER
ALLOWANCES.
Notwithstanding any other provision of law, for purposes of
transfer allowances for employees of the Department of State
under section 5924(2)(B) of title 5, United States Code, the
territories and possessions of the United States, the
Commonwealth of Puerto Rico, and the Commonwealth of the
Northern Mariana Islands, shall be considered part of the
geographic United States.
----------
24. An Amendment To Be Offered by Representative Brown of Ohio, or His
Designee, Debatable for 10 Minutes
At the end of subtitle A of title VII (relating to reporting
requirements) insert the following:
SEC. 713. REPORT CONCERNING OBSERVER STATUS FOR TAIWAN AT THE SUMMIT OF
THE WORLD HEALTH ASSEMBLY.
Not later than 30 days after the date of the enactment of
this Act, and not later than April 1 of each year thereafter,
the Secretary of State shall submit a report to the Congress,
in unclassified form, describing the United States plan to
endorse and obtain observer status for Taiwan at the annual
week-long summit of the World Health Assembly (WHA) held by the
World Health Organization (WHO) in May of each year in Geneva,
Switzerland. Each report shall include the following:
(1) An account of the efforts the Department of State
has made, following the previous year's meeting of the
World Health Assembly to enourage WHO member states to
promote Taiwan's bid to obtain observer status.
(2) The steps the Department of State will take to
endorse and obtain observer status at the forthcoming
annual meeting of the World Health Assembly in Geneva,
Switzerland.
----------
24. An Amendment To Be Offered by Representative Crane of Illinois, or
His Designee, Debatable for 10 Minutes
At the end of title VII of the bill, add the following new
section (and conform the table of contents accordingly):
SEC. ____. ATTACKS ON UNITED STATES CITIZENS BY PALESTINIAN TERRORISTS.
(a) Findings.--Congress finds the following:
(1) Since Yasser Arafat renounced violence in the
Oslo Peace Accords on September 13, 1993, at least 42
United States citizens, including one unborn child,
have been murdered by Palestinian terrorists.
(2) On December 1, 1993, in a drive-by shooting north
of Jerusalem, Hamas killed United States citizen
Yitzhak Weinstock, 19, whose family came from Los
Angeles.
(3) On October 9, 1994, Hamas kidnapped and murdered
United States citizen Nachshon Wachsman, 19, whose
family came from New York City.
(4) On April 9, 1995, an Islamic Jihad bomb attack on
a bus near Kfar Darom killed United States citizen
Alisa Flatow, 20, from West Orange, New Jersey.
(5) On August 21, 1995, in a Hamas bus bombing in
Jerusalem, United States citizen Joan Davenny, from New
Haven, Connecticut, was killed.
(6) On September 9, 1995, Mara Frey of Chicago was
stabbed in Ma'ale Michmash resulting in her unborn
child's death.
(7) On February 25, 1996, three United States
citizens, Sara Duker of Teaneck, New Jersey, Matthew
Eisenfeld of West Hartford, Connecticut, and Ira
Weinstein of New York City, were killed in a Hamas bus
bombing in Jerusalem.
(8) On May 13, 1996, United States citizen David
Boim, 17, of New York City, was killed in a drive-by
shooting near Beit El, north of Jerusalem.
(9) On June 9, 1996, United States citizen Yaron
Ungar was killed in a drive-by shooting near Beit
Shemesh.
(10) On July 30, 1997, United States citizen Leah
Stern of Passaic, New Jersey, was killed in a Hamas
bombing in Jerusalem's Mahane Yehuda market.
(11) On September 4, 1997, a Hamas bombing on Ben-
Yehuda Street, Jerusalem, killed Yael Botwin, 14, of
Los Angeles.
(12) On April 19, 1998, an attack near the Israeli
town of Maon killed United States citizen Dov Dribben,
28.
(13) On October 8, 2000, Rabbi Hillel Lieberman, 36,
of New York City, was stabbed and killed near Nablus.
(14) On October 30, 2000, United States citizen Esh-
Kodesh Gilmore, 25, was shot in Jerusalem.
(15) On December 31, 2000, Rabbi Binyamin Kahane, 34,
and his wife, Talia Hertzlich Kahane, both formerly of
New York City, were killed in a drive-by shooting near
Ofra.
(16) On May 9, 2001, Jacob ``Koby'' Mandell, 13, of
Silver Spring, Maryland, was killed in an attack near
Tekoah.
(17) On May 29, 2001, Sarah Blaustein, 53, of
Lawrence, New York, was killed in a drive-by shooting
near Efrat.
(18) On August 9, 2001, two United States citizens,
Judith L. Greenbaum, 31, and Malka Roth, 15, were
killed in the Jerusalem Sbarro pizzeria bombing.
(19) On November 4, 2001, Shoshana Ben-Yishai, 16, of
New York City, was shot and killed during an attack on
a Jerusalem bus.
(20) On January 15, 2002, Avraham Boaz, 72, of New
York City, was killed in a shooting near Bethlehem.
(21) On January 18, 2002, United States citizen Aaron
Elis, 32, was killed in a shooting in Hadera.
(22) On February 15, 2002, United States citizen Lee
Akunis, was shot and killed near Ramallah.
(23) On February 16, 2002, Keren Shatsky, 14, of New
York City and Maine, and Rachel Thaler, 16, of
Baltimore, Maryland, were killed in a bombing in Karnei
Shomron.
(24) On February 25, 2002, United States citizen
Moran Amit, 25, was stabbed and killed in Abu Tor Peace
Forest, Jerusalem.
(25) On March 24, 2002, Esther Kleinman, 23, formerly
of Chicago, was shot and killed near Ofra.
(26) On March 27, 2002, United States citizen Hannah
Rogen, 90, was killed in a bombing at a hotel Passover
seder in Netanya.
(27) On June 18, 2002, Moshe Gottlieb, 70, of Los
Angeles, was killed in a bus bombing in Jerusalem.
(28) On June 19, 2002, United States citizen Gila
Sara Kessler, 19, was killed in a bombing at a
Jerusalem bus stop.
(29) On July 31, 2002, five United States citizens
were killed in a bombing of a Hebrew University
cafeteria: Marla Bennett, 24, of San Diego, Benjamin
Blutstein, 25, of Susquehanna Township, Pennsylvania,
Janis Ruth Coulter, 36, of Massachusetts, David Gritz,
24, of Peru, Massachusetts (and of dual French-United
States citizenship), and Dina Carter, 37, of North
Carolina.
(30) On March 5, 2003, Abigail Leitel, 14, who was
born in Lebanon, New Hampshire, died in a bus bombing
in Haifa.
(31) On March 7, 2003, United States citizens Rabbi
Eli Horowitz, 52, who grew up in Chicago, and Dina
Horowitz, 50, who grew up in Florida, were killed in
their home.
(32) On June 11, 2003, United States citizen Alan
Beer, 47, who grew up in Cleveland, was killed in a bus
bombing in Jerusalem.
(33) On June 20, 2003, United States citizen Tzvi
Goldstein, 47, originally from New York City, was shot
and killed in an attack while driving through the West
Bank.
(34) At least another 79 United States citizens have
been injured in Palestinian terrorist attacks,
including United States citizen Jack Baxter, 50, of New
York City, who was injured on April 30, 2003, in a
bombing at a Tel Aviv pub.
(35) The official Palestinian Authority television
broadcast on March 14, 2003, of a live sermon calling
for the destruction of the United States and Israel was
a blatant attempt to incite violence against United
States and Israeli citizens.
(b) Statements of Policy.--Congress--
(1) condemns the attacks on United States citizens by
Palestinian terrorists and demands that the Palestinian
Authority work with Israel to protect all innocent
individuals, regardless of citizenship, from terrorist
atrocities;
(2) offers its condolences to the families and loved
ones of United States citizens who were killed by
Palestinian terrorist attacks; and
(3) calls on the Secretary of State to include a
listing of the killing of every United States citizen
by terrorists in the ``Chronology of Significant
Terrorist Incidents'', as included in the annual
Department of State's Patterns of Global Terrorism
Report.
----------
26. An Amendment To Be Offered by Representative Hunter of California,
or His Designee, Debatable for 40 Minutes
Page 211, after line 11, insert the following:
SEC. 736. SENSE OF CONGRESS AND REPORT CONCERNING WASTEWATER TREATMENT
AND THE INTERNATIONAL BOUNDARY AND WATER
COMMISSION, UNITED STATES AND MEXICO.
(a) Findings.--The Congress finds as follows:
(1) The failure by the International Boundary and
Water Commission, United States and Mexico, to complete
negotiations on a new Treaty Minute with Mexico, as
directed by Congress in Public Law 106-457, has
endangered the health of the residents of San Diego
County.
(2) The continued flow of Mexican sewage on San
Diego, California, beaches has caused extensive and
persistent beach closings thereby causing economic
hardship to the local economy.
(3) The International Boundary and Water Commission
has shown insignificant progress in negotiations with
Mexico.
(b) Sense of Congress.--It is the sense of the Congress that
the United States Section of the International Boundary and
Water Commission shall make treaty negotiations with Mexico on
the establishment of a public-private partnership to construct
and operate a wastewater treatment facility in Mexico as
outlined in Public Law 106-457 a priority.
(c) Report to Congress.--The United States Section of the
International Boundary and Water Commission, United States and
Mexcio, shall submit monthly reports to the appropriate
congressional committees concerning progress in negotiations on
a new Treaty Minute with Mexico.
----------
27. An Amendment To Be Offered by Representative Hyde of Illinois, or
His Designee, Debatable for 40 Minutes
At the end of title XVII of division B of the bill, insert
the following:
SEC. ____. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.
(a) Transfers by Grant.--The President is authorized to
transfer vessels to foreign countries on a grant basis under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j), as follows:
(1) Bahrain.--To the Government of Bahrain, the
OLIVER HAZARD PERRY class guided missile frigate GEORGE
PHILIP (FFG 12).
(2) Portugal.--To the Government of Portugal, the
OLIVER HAZARD PERRY class guided missile frigate SIDES
(FFG 14).
(b) Transfers by Sale.--The President is authorized to
transfer vessels to foreign countries on a sale basis under
section 21 of the Arms Export Control Act (22 U.S.C. 2761) as
follows:
(1) Brazil.--To the Government of Brazil, the
SPRUANCE class destroyer O'BRIEN (DD 975).
(2) Chile.--To the Government of Chile, the SPRUANCE
class destroyer FLETCHER (DD 992).
(3) Turkey.--To the Government of Turkey, the
ANCHORAGE class dock landing ship ANCHORAGE (LSD 36).
(c) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to another
country on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority
provided by subsection (a) shall not be counted against the
aggregate value of excess defense articles transferred to
countries in any fiscal year under subsection (g) of that
section.
(d) Costs of Transfers on Grant Basis.--Any expense incurred
by the United States in connection with a transfer authorized
to be made on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to the
authority provided by subsection (a) shall be charged to the
recipient (notwithstanding section 516(e)(1) of such Act).
(e) Repair and Refurbishment in United States Shipyards.--To
the maximum extent practicable, the President shall require, as
a condition of the transfer of a vessel under this section,
that the country to which the vessel is transferred have such
repair or refurbishment of the vessel as is needed, before the
vessel joins the naval forces of that country, performed at a
shipyard located in the United States, including a United
States Navy shipyard.
(f) Expiration of Authority.--The authority to transfer a
vessel under this section shall expire at the end of the two-
year period beginning on the date of the enactment of this Act.
----------
28. An Amendment To Be Offered by Representative Hyde of Illinois, or
His Designee, Debatable for 10 Minutes
Strike section 227 (relating to GAO assessment of security
capital cost sharing) and insert the following:
SEC. 227. SECURITY CAPITAL COST SHARING.
(a) Authorization.--The first section of the Foreign Service
Buildings Act, 1926 (22 U.S.C. 292) is amended by adding at the
end the following new subsection:
``(c) Security Capital Cost-Sharing Program.--(1) The
Secretary of State, as the single manager of all buildings and
grounds acquired under this Act or otherwise acquired or
authorized for the use of the diplomatic and consular
establishments in foreign countries, is authorized to establish
and implement a Security Capital Cost-Sharing Program to
collect funds from each agency on the basis of its total
overseas presence in a manner that encourages rightsizing of
its overseas presence, and expend those funds to accelerate the
provision of safe, secure, functional buildings for United
States Government personnel overseas.
``(2) The Secretary is authorized to determine annually and
charge each Federal agency the amount to be collected under
paragraph (1) from the agency. To determine such amount, the
Secretary may prescribe and use a formula that takes into
account the number of authorized positions of each agency,
including contractors and locally hired personnel, who are
assigned to United States diplomatic facilities and are under
the authority of a chief of mission pursuant to section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927).
``(3) The head of an agency charged a fee under this section
shall remit the amount of the fee to the Secretary of State
through the Intra-Governmental Payment and Collection System or
other appropriate means.
``(4) There shall be established on the books of the Treasury
an account to be known as the `Security Capital Cost-Sharing
Program Fund', which shall be administered by the Secretary.
There shall be deposited into the account all amounts collected
by the Secretary pursuant to the authority under paragraph (1),
and such funds shall remain available until expended. Such
funds shall be used solely for the provision of new safe,
secure, functional diplomatic facilities that comply with all
applicable legal standards, including those standards
established under the authority of the Secure Embassy
Construction and Counterterrorism Act of 1999. The Secretary
shall include in the Department of State's Congressional
Presentation Document an accounting of the sources and uses of
the amounts deposited into the account.
``(5) The Secretary shall not collect a fee for an authorized
position of an agency of the Federal Government that has been
or would be granted a waiver pursuant to section
606(a)(2)(B)(i) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(2)(B)(i)).
``(6) In this subsection--
``(A) the term `agency of the Federal Government'--
``(i) includes the Interagency Cooperative
Administrative Support Service; and
``(ii) does not include the Marine Security
Guard; and
``(B) the term `United States diplomatic facility'
has the meaning given that term in section 603 of the
Secure Embassy Construction and Counterterrorism Act of
1999 (22 U.S.C. 4865 note).''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2004.
----------
29. An Amendment To Be Offered by Representative Hyde of Illinois, or
His Designee, Debatable for 10 Minutes
In section 226 (relating to validity of United States
passports) strike ``travellers'' both places it appears and
insert ``travelers''.
Strike line 14 on page 43 through line 2 on page 46.
Page 79, line 15, after ``Act'' insert ``of 1956''.
Page 79, lines 16 and 18, strike ``(o)'' and insert ``(n)''.
Page 79, line 20, strike ``(p)'' and insert ``(o)''.
In the first sentence in section 301(b)(1) of the Foreign
Assistance Act of 1961, as proposed to be added by section
116(e) of the bill, strike ``For fiscal year fiscal year 2004''
and insert ``For fiscal year 2004''.
In section 1707 of the bill, redesignate the second paragraph
(1) as paragraph (2).
----------
30. An Amendment To Be Offered by Representative Lantos of California,
or His Designee, Debatable for 10 Minutes
In section 1713 of the bill (relating to enhanced police
training)--
(1) strike ``Section 660(b) of the Foreign Assistance
Act of 1961'' and insert ``(a) In General.--Section
660(b) of the Foreign Assistance Act of 1961''; and
(2) add at the end the following new subsection:
(b) Notification Requirement.--Section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420) is amended by adding at
the end the following new subsection:
``(e) Funds may not be obligated for assistance under
subsection (b)(8) unless the Secretary of State notifies the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate of the amount and nature of the proposed assistance at
least 15 days in advance of the proposed obligation in
accordance with the procedures applicable to reprogramming
notifications pursuant to section 634A of this Act. Such
notification shall include a comprehensive report and, where
practicable, a plan describing the police assistance and rule
of law programs of relevant United States agencies for each
country which is to receive assistance under section
660(b)(8).''.
----------
31. An Amendment To Be Offered by Representative Maloney of New York,
or Her Designee, Debatable for 10 Minutes
In division B of the bill--
(1) redesignate title XVII as title XVIII (and
conform all sections therein accordingly and conform
the table of contents); and
(2) insert after title XVI the following new title
(and conform the table of contents accordingly):
TITLE XVII--ACCESS FOR AFGHAN WOMEN
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Access for Afghan Women Act
of 2003''.
SEC. 1702. FINDINGS.
Congress makes the following findings:
(1) Despite the removal of the Taliban from power,
women in Afghanistan continue to experience brutal and
frequent violation of their human rights, generally
outside of Kabul where warlords are reexerting control.
(2) Strong and continued support from the United
States and the international community can ensure that
the advances made by Afghan women since the fall of the
Taliban will continue and grow, rather than recede.
(3) While the United States and the international
community continue to make substantial contributions to
emergency humanitarian and relief operations in
Afghanistan, the establishment of a stable, peaceful,
prosperous, and democratic Afghanistan with a broad-
based, multi-ethnic, gender-sensitive, and fully
representative government requires a significant
increase in long-term investments in development and
reconstruction assistance.
(4) The maternal mortality rate in Afghanistan is
among the highest in the world, with recent reports
estimating that every 30 minutes an Afghan woman dies
of pregnancy related causes, or approximately 15,000
women every year. The estimated maternal mortality rate
of 1,600 deaths per 100,000 live births can be
significantly reduced through access to primary health
care services, including safe birthing supplies,
emergency obstetric care, prenatal and postnatal care,
contraception, and prevention and treatment for the
effects of sexual coercion and rape.
(5) Women comprise 75 percent or more of the refugees
and internally displaced in camps, urban areas, and
villages in Afghanistan.
(6) 85 percent of Afghanistan's population lives in
rural areas. The women in rural areas perform vital
roles in food production, processing, and preparation.
Successful reconstruction and development assistance
must target rural women as part of any agricultural
interventions.
(7) Within Afghanistan and outside of Afghanistan,
local women's organizations are delivering critical
services and have the knowledge and experience to
assist the United States in delivering effective relief
aid.
(8) The Afghan Ministry for Women's Affairs is an
important ministry that is essential for re-
establishing women's human rights, ensuring that women
are included in all development efforts, and delivering
critical legal, health, education, and economic
services to women throughout Afghanistan's 30
provinces.
(9) Afghan women are taking the initiative to reach
across the conflict divide and foster peace. Women's
perspectives and experiences in seeking solutions to
conflicts are necessary to ensure lasting peace.
(10) The inadequate security situation in Afghanistan
disproportionately impacts women and girls as the lack
of rule of law results in the frequent assault,
kidnapping, and sexual abuse of Afghan women and girls
throughout Afghanistan.
(11) Despite significant improvements in healthcare
and education infrastructure for women and girls in
Afghanistan, the lack of security and rule of law
throughout most of Afghanistan effectively denies
access to these facilities and the critical services
they provide.
SEC. 1703. ESTABLISHMENT OF AFGHAN WOMEN'S FUND.
(a) Establishment.--The Administrator of the United States
Agency for International Development shall establish a fund for
the purpose of assisting women and girls in Afghanistan in the
areas of political and human rights, health care, education,
training, security, and shelter.
(b) Activities Supported.--The fund established under
subsection (a) shall support the activities described in
section 103(a)(7) of the Afghanistan Freedom Support Act of
2002 and the following activities:
(1) Direct financial and programmatic assistance to
the Ministry of Women's Affairs in Afghanistan
(hereafter in this section referred to as the
``Ministry'') to promote the strengthening of the
Ministry as the Government of Afghanistan continues its
transition to a long-term government structure and to
enable the Ministry to fulfill its mandate. The
Ministry may use such assistance to support activities
such as the following:
(A) Multiyear women-centered economic
development programs, including programs to
assist widows, female heads of household, women
in rural areas, and disabled women.
(B) Collaboration with the Ministry of Health
to construct culturally appropriate health
infrastructure and delivery of high-quality
comprehensive health care programs, including
primary, maternal, child, reproductive, and
mental health care.
(C) Programs to prevent trafficking in
persons, assist victims, and apprehend and
prosecute traffickers in persons.
(2) Direct financial assistance to the National Human
Rights Commission of Afghanistan.
(3) Construction of women's educational facilities in
Afghanistan.
(c) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section not less than
$22,500,000 for each of the fiscal years 2003, 2004, and 2005
and such sums as are necessary for each subsequent fiscal year.
SEC. 1704. ASSISTANCE TO AFGHANISTAN.
Notwithstanding any other provision of law, not less than 15
percent of the aggregate amount of economic and humanitarian
assistance authorized to be appropriated under section 1703(c)
to be made available to Afghanistan for each of the fiscal
years 2003, 2004, and 2005 shall be made available for
assistance directly to Afghan-led local nongovernmental
organizations, including Afghan women-led organizations, with
demonstrated experience in delivering services to Afghan women
and children to support their programmatic activities and
organizational development. In recognition of the appreciating
capacity of Afghan-led local nongovernmental organizations,
including Afghan women-led organizations, an appropriate
percentage of the aggregate amount of economic and humanitarian
assistance authorized to be made available to Afghanistan for
fiscal year 2006 and each subsequent fiscal year shall be made
available for assistance directly to Afghan-led local
nongovernmental organizations, including Afghan women-led
organizations.
SEC. 1705. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN
AFGHANISTAN.
(a) In General.--Activities described in subsections (b)
through (e) that are carried out by the United States in
Afghanistan should comply with the applicable requirements
contained in such subsections.
(b) Governance of Afghanistan.--With respect to the
governance of Afghanistan, the applicable requirements are the
following:
(1) Include the perspectives and advice of Afghan
women's organizations, networks, and leaders in United
States policymaking related to the governance of
Afghanistan.
(2) Promote the inclusion of a significant number of
women in future legislative bodies to ensure that
women's full range of human rights are included and
upheld in any constitution or legal structures of
Afghanistan.
(3) Encourage the appointment of women to high level
positions within Afghan Ministries.
(c) Post-Conflict Reconstruction and Development.--With
respect to activities relating to post-conflict stability in
Afghanistan, the applicable requirements are the following:
(1) Encourage United States organizations that
receive funds authorized by this title to partner with
or create Afghan-led counterpart organizations and
provide these organizations with significant financial
resources, technical assistance, and capacity building.
(2) Increase women's access to or ownership of
productive assets such as land, water, agricultural
inputs, credit, and property.
(3) Provide long-term financial assistance for
primary, secondary, higher, nontraditional, and
vocational education for Afghan girls, women, boys, and
men.
(4) Integrate education and training programs for
former combatants with economic development programs to
encourage their reintegration into society and to
promote post-conflict stability.
(5) Provide assistance to rehabilitate children
affected by the conflict, particularly child soldiers.
(6) Support educational efforts to increase awareness
with respect to landmines, facilitate the removal of
landmines, and provide services to individuals with
disabilities caused by landmines.
(d) Afghan Military and Police.--With respect to training for
military and police forces in Afghanistan, the applicable
requirements are the following:
(1) Include training on the protection, rights, and
the particular needs of women and emphasize that
violations of women's rights are intolerable and should
be prosecuted.
(2) Encourage such trainers who will carry out the
activities in paragraph (1) to consult with women's
organizations in Afghanistan to ensure that training
content and materials are adequate, appropriate, and
comprehensive.
(e) Relief, Resettlement, and Repatriation of Refugees and
Internally Displaced Persons.--With respect to the relief,
resettlement, and repatriation of refugees and internally
displaced persons in Afghanistan, the applicable requirements
are the following:
(1) Take all necessary steps to ensure that women
refugees and internally displaced persons in camps,
urban areas, and villages are directly receiving food
aid, shelter, relief supplies, and other services from
United States-sponsored programs.
(2) Take all necessary steps to ensure that women
refugees in camps, urban areas, and villages are
accessing high-quality health and medical services,
including primary, maternal, child, and mental health
services.
(3) Take all necessary steps to ensure that women and
children in refugee camps are protected from sexual
exploitation.
(4) Take all necessary steps to ensure refugees and
internally displaced persons that seek to return to
their place of origin can do so voluntarily, safely,
and with the full protection of their rights. United
States-sponsored efforts shall not coerce refugees or
internally displaced persons to return to their places
of origin.
SEC. 1706. REPORTING REQUIREMENTS.
Not later than 60 days after the date of the enactment of
this Act, and annually thereafter, the President shall prepare
and transmit to Congress a report that contains documentation
of the progress in implementing the requirements of section
1705. All data in the report shall be disaggregated by gender.
----------
32. An Amendment To Be Offered by Representative Rangel of New York, or
His Designee, Debatable for 10 Minutes
At the appropriate place in the bill, insert the following
(and conform the table of contents accordingly):
SEC. ____. ASSISTANCE TO COMBAT HIV/AIDS IN CERTAIN COUNTRIES OF THE
CARIBBEAN REGION.
Section 1(f)(2)(B)(ii)(VII) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(f)(2)(B)(ii)(VII)) is
amended by inserting after ``Zambia,'' the following: ``Antigua
and Barbuda, the Bahamas, Barbados, Belize, Dominica, Grenada,
Jamaica, Montserrat, Saint Kitts and Nevis, Saint Vincent and
the Grenadines, Saint Lucia, Suriname, Trinidad and Tobago,
Dominican Republic,''.
----------
33. An Amendment To Be Offered by Representatives Sherman of
California, or His Designee, Debatable for 10 Minutes
At the end of title VII of the bill, add the following new
section (and conform the table of contents accordingly):
SEC. ____. STATEMENT OF POLICY RELATING TO DEMOCRACY IN IRAN.
(a) Findings.--Congress finds the following:
(1) Iran is neither free nor democratic. Men and
women are not treated equally in Iran, women are
legally deprived of internationally recognized human
rights, and religious freedom is not respected under
the laws of Iran. Undemocratic institutions, such as
the Guardians Council, thwart the decisions of elected
leaders.
(2) The April 2003 report of the Department of State
states that Iran remained the most active state sponsor
of terrorism in 2002.
(3) That report also states that Iran continues to
provide funding, safe-haven, training and weapons to
known terrorist groups, notably Hizballah, HAMAS, the
Palestine Islamic Jihad, and the Popular Front for the
Liberation of Palestine.
(b) Policy.--It is the policy of the United States that--
(1) currently, there is not a free and fully
democratic government in Iran;
(2) the United States supports transparent, full
democracy in Iran;
(3) the United States supports the rights of the
Iranian people to choose their system of government;
and
(4) the United States condemns the brutal treatment,
imprisonment and torture of Iranian civilians
expressing political dissent.
----------
34. An Amendment To Be Offered by Representative Smith of New Jersey,
or His Designee, Debatable for 10 Minutes
Add at the end of the bill the following new division (and
conform the table of contents accordingly):
DIVISION C--ASSISTANCE FOR VIET NAM
TITLE XX--CONDITIONS ON INCREASED NONHUMANITARIAN ASSISTANCE TO THE
GOVERNMENT OF VIET NAM
SEC. 2001. BILATERAL NONHUMANITARIAN ASSISTANCE.
(a) Assistance.--
(1) In general.--United States nonhumanitarian
assistance may not be provided to the Government of
Viet Nam in an amount exceeding the amount so provided
for fiscal year 2003--
(A) for fiscal year 2004 unless not later
than 30 days after the date of the enactment of
this Act the President determines and certifies
to Congress that the requirements of
subparagraphs (A) through (D) of paragraph (2)
have been met during the 12-month period ending
on the date of the certification; and
(B) for each subsequent fiscal year unless
the President determines and certifies to
Congress in the most recent annual report
submitted pursuant to section 501 that the
requirements of subparagraphs (A) through (E)
of paragraph (2) have been met during the 12-
month period covered by the report.
(2) Requirements.--The requirements of this paragraph
are that--
(A) the Government of Viet Nam has made
substantial progress toward releasing all
political and religious prisoners from
imprisonment, house arrest, and other forms of
detention;
(B)(i) the Government of Viet Nam has made
substantial progress toward respecting the
right to freedom of religion, including the
right to participate in religious activities
and institutions without interference by or
involvement of the Government; and
(ii) has made substantial progress
toward returning estates and properties
confiscated from the churches;
(C) the Government of Viet Nam has made
substantial progress toward allowing Vietnamese
nationals free and open access to United States
refugee programs;
(D) the Government of Viet Nam has made
substantial progress toward respecting the
human rights of members of ethnic minority
groups in the Central Highlands and elsewhere
in Viet Nam; and
(E)(i) neither any official of the Government
of Viet Nam nor any agency or entity wholly or
partly owned by the Government of Viet Nam was
complicit in a severe form of trafficking in
persons; or
(ii) the Government of Viet Nam took
all appropriate steps to end any such
complicity and hold such official,
agency, or entity fully accountable for
its conduct.
(b) Exception.--
(1) Continuation of assistance in the national
interest.--Notwithstanding the failure of the
Government of Viet Nam to meet the requirements of
subsection (a)(2), the President may waive the
application of subsection (a) for any fiscal year if
the President determines that the provision to the
Government of Viet Nam of increased United States
nonhumanitarian assistance would promote the purposes
of this Act or is otherwise in the national interest of
the United States.
(2) Exercise of waiver authority.--The President may
exercise the authority under paragraph (2) with respect
to--
(A) all United States nonhumanitarian
assistance to Viet Nam; or
(B) one or more programs, projects, or
activities of such assistance.
(c) Definitions.--In this section:
(1) Severe form of trafficking in persons.--The term
``severe form of trafficking in persons'' means any
activity described in section 103(8) of the Trafficking
Victims Protection Act of 2000 (Public Law 106-386 (114
Stat. 1470); 22 U.S.C. 7102(8)).
(2) United states nonhumanitarian assistance.--The
term ``United States nonhumanitarian assistance''
means--
(A) any assistance under the Foreign
Assistance Act of 1961 (including programs
under title IV of chapter 2 of part I of that
Act, relating to the Overseas Private
Investment Corporation), other than--
(i) disaster relief assistance,
including any assistance under chapter
9 of part I of that Act;
(ii) assistance which involves the
provision of food (including
monetization of food) or medicine; and
(iii) assistance for refugees; and
(B) sales, or financing on any terms, under
the Arms Export Control Act.
TITLE XXI--ASSISTANCE TO SUPPORT HUMAN RIGHTS AND DEMOCRACY IN VIET NAM
SEC. 2101. ASSISTANCE.
(a) In General.--The President is authorized to provide
assistance, through appropriate nongovernmental organizations,
for the support of individuals and organizations to promote
democracy and internationally recognized human rights in Viet
Nam.
(b) Authorization of Appropriations.--There are authorized to
be appropriated to the President to carry out subsection (a)
$2,000,000 for each of the fiscal years 2004 and 2005.
TITLE XXII--UNITED STATES PUBLIC DIPLOMACY
SEC. 2201. RADIO FREE ASIA TRANSMISSIONS TO VIET NAM.
(a) Policy of the United States.--It is the policy of the
United States to take such measures as are necessary to
overcome the jamming of Radio Free Asia by the Government of
Viet Nam, including the active pursuit of broadcast facilities
in close geographic proximity to Viet Nam.
(b) Authorization of Appropriations.--In addition to such
amounts as are otherwise authorized to be appropriated for the
Broadcasting Board of Governors, there are authorized to be
appropriated to carry out the policy under subsection (a)
$9,100,000 for the fiscal year 2004 and $1,100,000 for the
fiscal year 2005.
SEC. 2202. UNITED STATES EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
WITH VIET NAM.
It is the policy of the United States that programs of
educational and cultural exchange with Viet Nam should actively
promote progress toward freedom and democracy in Viet Nam by
providing opportunities to Vietnamese nationals from a wide
range of occupations and perspectives to see freedom and
democracy in action and, also, by ensuring that Vietnamese
nationals who have already demonstrated a commitment to these
values are included in such programs.
TITLE XXIII--UNITED STATES REFUGEE POLICY
SEC. 2301. REFUGEE RESETTLEMENT FOR NATIONALS OF VIET NAM.
(a) Policy of the United States.--It is the policy of the
United States to offer refugee resettlement to nationals of
Viet Nam (including members of the Montagnard ethnic minority
groups) who were eligible for the Orderly Departure Program
(ODP), Resettlement Opportunities for Vietnamese Returnees
(ROVR) or any other United States refugee program and who were
deemed ineligible due to administrative error or who for
reasons beyond the control of such individuals (including
insufficient or contradictory information or the inability to
pay bribes demanded by officials of the Government of Viet Nam)
were unable or failed to apply for such programs in compliance
with deadlines imposed by the Department of State.
(b) Authorized Activity.--Of the amounts authorized to be
appropriated to the Department of State for Migration and
Refugee Assistance for each of the fiscal years 2004, 2005, and
2006, such sums as may be necessary are authorized to be made
available for the protection (including resettlement in
appropriate cases) of Vietnamese refugees and asylum seekers,
including Montagnards in Cambodia.
TITLE XIV--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM AND DEMOCRACY IN
VIET NAM
SEC. 2401. ANNUAL REPORT.
(a) In General.--Not later than 6 months after the date of
the enactment of this Act and every 12 months thereafter, the
Secretary of State shall submit to the Congress a report on the
following:
(1)(A) The determination and certification of the
President that the requirements of section 2001(a)(2)
have been met, if applicable.
(B) The determination of the President under
section 2001(b)(2), if applicable.
(2) Efforts by the United States Government to secure
transmission sites for Radio Free Asia in countries in
close geographical proximity to Viet Nam in accordance
with section 2201(a).
(3) Efforts to ensure that programs with Viet Nam
promote the policy set forth in section 302 and with
section 102 of the Human Rights, Refugee, and Other
Foreign Policy Provisions Act of 1996 regarding
participation in programs of educational and cultural
exchange.
(4) Steps taken to carry out the policy under section
2301(a).
(5) Lists of persons believed to be imprisoned,
detained, or placed under house arrest, tortured, or
otherwise persecuted by the Government of Viet Nam due
to their pursuit of internationally recognized human
rights. In compiling such lists, the Secretary shall
exercise appropriate discretion, including concerns
regarding the safety and security of, and benefit to,
the persons who may be included on the lists and their
families. In addition, the Secretary shall include a
list of such persons and their families who may qualify
for protection under United States refugee programs.
(6) A description of the development of the rule of
law in Viet Nam, including, but not limited to--
(A) progress toward the development of
institutions of democratic governance;
(B) processes by which statutes, regulations,
rules, and other legal acts of the Government
of Viet Nam are developed and become binding
within Viet Nam;
(C) the extent to which statutes,
regulations, rules, administrative and judicial
decisions, and other legal acts of the
Government of Viet Nam are published and are
made accessible to the public;
(D) the extent to which administrative and
judicial decisions are supported by statements
of reasons that are based upon written
statutes, regulations, rules and other legal
acts of the Government of Viet Nam;
(E) the extent to which individuals are
treated equally under the laws of Viet Nam
without regard to citizenship, race, religion,
political opinion, or current or former
associations;
(F) the extent to which administrative and
judicial decisions are independent of political
pressure or governmental interference and are
reviewed by entities of appellate jurisdiction;
and
(G) the extent to which laws in Viet Nam are
written and administered in ways that are
consistent with international human rights
standards, including the requirements of the
International Covenant on Civil and Political
Rights.
(b) Contacts with Other Organizations.--In preparing the
report under subsection (a), the Secretary shall, as
appropriate, consult with and seek input from nongovernmental
organizations, human rights advocates (including Vietnamese-
Americans and human rights advocates in Viet Nam), and the
United States Commission on Religious Freedom.
----------
35. An Amendment To Be Offered by Representative Souder of Indiana, or
His Designee, Debatable for 10 Minutes
Page 78, after line 23, insert the following section (and
amend the table of contents accordingly):
SEC. 274. ARCHITECTURAL INTEGRITY OF UNITED STATES EMBASSIES,
CONSULATES, AND OTHER DIPLOMATIC BUILDINGS.
It is the sense of the Congress that, to the greatest extent
possible, in the construction and renovation of United States
embassies, consulates, and other diplomatic buildings, the
Secretary of State shall consider and seek to preserve the
architectural integrity and cohesiveness of the neighborhood
and environs and minimize any disruption due to the presence of
the embassy, consulate, or other diplomatic building.
----------
36. An Amendment To Be Offered by Representative Stearns of Florida, or
His Designee, Debatable for 10 Minutes
Page 211, after line 11, insert the following:
SEC. 736. SENSE OF CONGRESS REGARDING ALLOCATION OF RESOURCES FOR THE
DEPARTMENT OF STATE AS THE CENTRAL AUTHORITY FOR
THE UNITED STATES UNDER THE HAGUE CONVENTION ON
INTERCOUNTRY ADOPTION.
It is the sense of the Congress that the Department of State
should direct significant resources to their new role as the
central authority for the United States under the Hague
Convention on Intercountry Adoption.
----------
37. An Amendment To Be Offered by Representative McKeon of California,
or His Designee, Debatable for 10 Minutes
At the end of title VII of the bill, add the following new
section (and conform the table of contents accordingly):
SEC. ____. SENSE OF CONGRESS REGARDING THE EXTRADITION OF VIOLENT
CRIMINALS FROM MEXICO TO THE UNITED STATES.
(a) Findings.--The Congress finds as follows:
(1) The Mexican Supreme Court ruled in October 2001
that Mexico will not extradite criminals who face life
sentences in the United States.
(2) Due to this ruling, the United States has been
unable to prosecute numerous suspects wanted for
violent crimes that they committed in the United States
if there is a possibility that these criminals will
face life imprisonment.
(3) The person or persons responsible for the April
29, 2002, murder of Los Angeles County Sheriff Deputy
David March is believed to have fled to Mexico to avoid
prosecution for a possible life imprisonment.
(4) The attorneys general from all 50 States have
asked United States Attorney General John Ashcroft and
Secretary of State Colin Powell to continue to address
this extradition issue with their counterparts in
Mexico.
(5) The Governments of the United States and Mexico
have experienced positive cooperation on numerous
matters relevant to their bilateral relationship.
(6) The Mexican Minister of Foreign Affairs has been
demonstrating to the Mexican Supreme Court the
international ramifications of the Court's October 2001
ruling.
(b) Sense of Congress.--It is the sense of Congress that the
United States Government should encourage the Mexican
Government to work closely with the Mexican Supreme Court to
persuade the Court to reconsider its October 2001 ruling so
that the possibility of life imprisonment will not have an
effect on the timely extradition of criminal suspects from
Mexico to the United States.
----------
38. An Amendment To Be Offered by Representative Dreier of California,
or His Designee, Debatable for 10 Minutes
Strike section 731 (page 199, line 22 through page 204, line
10) and insert the following:
SEC. 731. SENSE OF CONGRESS REGARDING MIGRATION ISSUES BETWEEN THE
UNITED STATES AND MEXICO.
(a) Findings.--The Congress finds as follows:
(1) During President Bush's first meeting with
President Fox in Guanajuato, Mexico, the Presidents
stated in the Joint Communique of February 16, 2001
that ``we are instructing our Governments to engage, at
the earliest opportunity, in formal high level
negotiations aimed at achieving short and long-term
agreements that will allow us to constructively address
migration and labor issues between our two
countries.''.
(2) During President Fox's official visit to
Washington, D.C., the Joint Statement of September 6,
2001, summarized the meeting as follows: ``The
Presidents reviewed the progress made by our joint
working group on migration chaired by Secretaries
Powell, CastaZeda, and Creel and Attorney General
Ashcroft and noted this represented the most fruitful
and frank dialogue we have ever had on a subject so
important to both nations. They praised implementation
of the border safety initiative, and recognized that
migration-related issues are deeply felt by our publics
and vital to our prosperity, well-being, and the kind
of societies we want to build. They renewed their
commitment to forging new and realistic approaches to
migration to ensure it is safe, orderly, legal and
dignified, and agreed on the framework within which
this ongoing effort is based. This includes: matching
willing workers with willing employers; serving the
social and economic needs of both countries; respecting
the human dignity of all migrants, regardless of their
status; recognizing the contribution migrants make to
enriching both societies; shared responsibility for
ensuring migration takes place through safe and legal
channels. Both stressed their commitment to continue
our discussions, instructing the high-level working
group to reach mutually satisfactory results on border
safety, a temporary worker program and the status of
undocumented Mexicans in the United States. They
requested that the working group provide them proposals
with respect to these issues as soon as possible. The
Presidents recognized that this is an extraordinarily
challenging area of public policy, and that it is
critical to address the issue in a timely manner and
with appropriate thoroughness and depth.''.
(3) On September 7, 2001, during President Fox's
historic State Visit to Washington, the United States
and Mexico issued a joint statement instructing our
cabinet-level working group to provide us with specific
proposals to forge a new and realistic framework that
will ensure a safe, legal, orderly, and dignified
migration flow between our countries. We have today
agreed that our Cabinet level migration group should
continue the work we charged it with in Guanajuato and
Washington.
(4) When the Presidents met in Monterrey, Mexico, the
Presidents stated in a Joint Statement on March 22,
2002, as follows: ``Slightly more than one year ago, in
Guanajuato, we talked about migration as one of the
major ties that join our societies. We launched then
the frankest and most productive dialogue our countries
have ever had on this important and challenging
subject. Those talks have continued over the past year,
and have yielded a clearer assessment of the scope and
nature of this issue. This bond between our nations can
render countless benefits to our respective economies
and families.
(5) Over the past year, important progress has been
made to enhance migrant safety and particularly in
saving lives by discouraging and reducing illegal
crossings in dangerous terrain.
(6) At the conclusion of the Mexico-United States
Binational Commission (BNC) meeting in Mexico City in
November 2002, Secretary of State Powell's press
conference was summarized by the State Department as
follows: The BNC's migration working group ``affirmed
our strong commitment to advancing our bilateral
migration agenda,'' he stressed, adding that ``there
should be no doubt in anyone's mind that this is a
priority for President Bush, just as it is a priority
for [Mexican] President [Vicente] Fox.''
(7) Secretary Powell said no schedule had been
established for a migration accord, but he confirmed
that the United States and Mexico want to come up with
a series of migration initiatives over the course of
the next six months to a year.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) that the United States and Mexico should as soon
as is practicable commence negotiations in an attempt
to reach a migration accord that is as comprehensive as
possible and which addresses the key issues of concern
for both nations; and
(2) that as part of any migration agreement between
the United States and Mexico, the issues of the
extradition of violent criminals and law enforcement
cooperation between the two nations be addressed.
----------
39. An Amendment To Be Offered by Representative Walsh of New York, or
his Designee, Debatable for 10 Minutes
Page 77, after line 3, insert the following new section and
(amend the table of contents accordingly):
SEC. 258. AMENDMENT AND EXTENSION OF IRISH PEACE PROCESS CULTURAL AND
TRAINING PROGRAM.
(a) Amendment of Program.--
(1) Section 2(a)(2)(A) of such the Irish Peace
Process Cultural and Training Program Act of 1998 (8
U.S.C. 1101 note) is amended by adding at the end ``No
participant in the program may have a degree from an
institution of higher education.''.
(2) Section 101(a)(15)(Q)(ii)(I) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(Q)(ii)(I)) is
amended--
(A) by striking ``35 years of age or younger
having a residence'' and inserting ``21 to 35
years of age, unemployed for not less than 6
months, having resided for not less 6 months in
the Republic of Ireland or the United
Kingdom,''; and
(B) by striking ``36 months'' and inserting
``24 months''.
(3) Section 212(e) of the Immigration and Nationality
Act (8 U.S.C. 1182(e)) is amended by inserting after
subsection (p) the following:
``(q)(1) Except as provided in paragraph (2), no person
admitted under section 101(a)(15)(Q)(ii)(I) or acquiring such
status after admission shall be eligible to apply for an
immigrant visa, or for permanent residence, or for nonimmigrant
visa status under this Act until it is established that such
person has resided and been physically present in the country
of nationality or last residence for an aggregate of a least
two years following departure from the United States.
``(2) The Secretary of Homeland Security may waive the
requirement of such one-year foreign residence abroad if the
Secretary determines that--
``(A) departure from the United States would impose
exceptional hardship upon the alien's spouse or child
(if such spouse or child is a citizen of the United
States or an alien lawfully admitted for permanent
residence); or
``(B) the admission of the alien is in the public
interest or the national interest of the United
States.''.
(b) Extension of Program.--Section 2 of the Irish Peace
Process Cultural and Training Program Act of 1998 (8 U.S.C.
1101 note) is amended--
(1) in subsection (d)(1) by striking ``2006,'' and
inserting ``2008,'';
(2) in subsection (d)(2) by striking ``2005,'' and
inserting ``2011,'';
(3) in subsection (a)(3) by striking ``the third
program year and for the 3 subsequent years,'' and
inserting ``each program year''.
(c) Technical and Conforming Changes.--The Irish Peace
Process Cultural and Training Program Act of 1998 (8 U.S.C.
1101 note; Public Law 105-319) is amended--
(1) by striking ``Attorney General'' each place it
appears and inserting ``Secretary of Homeland
Security''; and
(2) by striking ``Immigration and Naturalization
Service'' each place it appears and inserting
``Department of Homeland Security''.
----------
40. An Amendment To Be Offered by Representative Collins of Georgia, or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title VII, add the following new
section:
SEC. ____. TRANSFER OF VIETNAM-ERA CESSNA L-19D BIRD DOG AIRCRAFT TO
ARMY AVIATION HERITAGE FOUNDATION.
(a) Authority To Convey.--The Secretary of State may convey,
without consideration, to the Army Aviation Heritage
Foundation, a nonprofit organization incorporated in the State
of Georgia, all right, title, and interest of the United States
in and to a Vietnam-era Cessna L-19D Bird Dog aircraft (serial
No. 24020, National registration number N32FL)(in this section
referred to as the ``aircraft'') that is excess to the needs of
the Department of State. The conveyance shall be made by means
of a conditional deed of gift
(b) Condition of Aircraft.--The aircraft shall be conveyed in
its current ``as is'' condition. The Secretary is not required
to repair or alter the condition of the aircraft before
conveying ownership of the aircraft.
(c) Condition on Conveyance.--The Secretary shall include in
the instrument of conveyance of the aircraft the following
conditions:
(1) The Army Aviation Heritage Foundation may not
convey any ownership interest in, or transfer
possession of, the aircraft to any other party without
the prior approval of the Secretary.
(2) The Army Aviation Heritage Foundation shall
operate and maintain the aircraft in compliance with
all applicable limitations and maintenance requirements
imposed by the Administrator of the Federal Aviation
Administration.
(d) Reverter Upon Breach of Conditions.--If the Secretary
determines at any time that the Army Aviation Heritage
Foundation has conveyed an ownership interest in, or
transferred possession of, the aircraft to any other party
without the prior approval of the Secretary, all right, title,
and interest in and to the aircraft, including any repair or
alteration of the aircraft, shall revert to the United States,
and the United States shall have the right of immediate
possession of the aircraft.
(e) Conveyance at No Cost to the United States.--The
conveyance of the aircraft shall be made at no cost to the
United States. Any costs associated with the conveyance and
costs of operation and maintenance of the aircraft conveyed
shall be borne by the Army Aviation Heritage Foundation.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
a conveyance under this section as the Secretary considers
appropriate to protect the interests of the United States.
(g) Clarification of Liability.--Notwithstanding any other
provision of law, upon the conveyance of ownership of the
aircraft to the Army Aviation Heritage Foundation, the United
States shall not be liable for any death, injury, loss, or
damage that results from any use of that aircraft by any person
other than the United States.
----------
41. An Amendment To Be Offered by Representative Waters of California,
or Her Designee, Debatable for 10 Minutes
At the end of Division B, insert the following:
SEC. ____. REPORT ON PROGRESS MADE IN MODIFYING THE ENHANCED HIPC
INITIATIVE.
Within 90 days after the date of the enactment of this Act,
and annually thereafter, the Secretary of the Treasury shall
submit to the Committees on Financial Services, on
Appropriations, and on International Relations of the House of
Representatives and the Committees on Foreign Relations and on
Appropriations of the Senate a written report that describes
the progress made in modifying the Enhanced HIPC Initiative (as
defined in section 1625(e)(3) of the International Financial
Institutions Act) as called for in section 501 of of the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003.
Conform the table of contents accordingly.
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42. An Amendment To Be Offered by Representative Hefley of Colorado, or
His Designee, Debatable for 10 Minutes
After section 1312 of the bill, insert the following new
section (and conform the table of contents accordingly):
SEC. 1313. CONDITION ON THE PROVISION OF CERTAIN FUNDS TO INDONESIA.
(a) Condition on Assistance.--Subject to subsection (c), no
funds made available under section 23 of the Arms Export
Control Act (22 U.S.C. 2763) or chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) in
fiscal year 2004, other than funds made available for expanded
military education and training under such chapter, may be
available for a program that involves the Government of
Indonesia or the Indonesian Armed Forces until the President
makes the certification described in subsection (b).
(b) Certification.--The certification referred to in
subsection (a) is a certification submitted by the President to
the appropriate congressional committees that the Government of
Indonesia and the Indonesian Armed Forces are taking effective
measures, including cooperating with the Director of the
Federal Bureau of Investigation--
(1) to conduct a full investigation of the attack on
United States citizens in West Papua, Indonesia on
August 31, 2002; and
(2) to criminally prosecute the individuals
responsible for such attack.
(c) Limitation.--Nothing in this section shall prohibit the
United States Government from continuing to conduct programs or
training with the Indonesian Armed Forces, including
counterterrorism training, officer visits, port visits, or
educational exchanges that are being conducted on the date of
the enactment of this Act.