[Senate Report 109-35]
[From the U.S. Government Publishing Office]
Calendar No. 48
109th Congress Report
SENATE
1st Session 109-35
======================================================================
FOREIGN AFFAIRS AUTHORIZATION ACT,
FISCAL YEARS 2006 AND 2007
_______
March 10, 2005.--Ordered to be printed
_______
Mr. Lugar, from the Committee on Foreign Relations,
submitted the following
R E P O R T
[To accompany S. 600]
The Committee on Foreign Relations, having had under
consideration an original bill (S. 600) to authorize
appropriations for the Department of State and international
broadcasting activities for fiscal years 2006 and 2007, for the
Peace Corps for fiscal years 2006 and 2007, for foreign
assistance programs for fiscal years 2006 and 2007, and for
other purposes, reports favorably thereon with amendments and
recommends that the bill as amended do pass.
CONTENTS
Page
I. Purpose..........................................................1
II. Committee Action.................................................2
III. Summary..........................................................3
IV. Division A--Foreign Relations Authorization......................6
(A) Summary of Funds...........................................6
(B) Section-by-Section Analysis................................6
V. Division B--Foreign Assistance Authorizations...................25
(A) Summary of Funds..........................................25
(B) Section-by-Section Analysis...............................26
VI. Cost Estimate...................................................58
VII. Evaluation of Regulatory Impact.................................58
VIII.Changes in Existing Law.........................................58
I. Purpose
The Foreign Affairs Authorization Act, Fiscal Years 2006
and 2007, authorizes funding for the Department of State,
United States international broadcasting activities, the U.S.
Agency for International Development, the Peace Corps, foreign
assistance and other foreign affairs programs for FY 2006 and
2007. The bill also addresses several important regional and
functional foreign policy issues.
II. Committee Action
The committee has held several public hearings over the
past several months focusing on the issues addressed in this
legislation. On February 16, Secretary of State Condoleezza
Rice testified regarding the President's budget request for
international affairs. On March 2, State Department and USAID
officials testified in a six-part hearing on the
administration's policies and foreign assistance goals in
various regions of the world. Other hearings leading up to the
consideration of this legislation focused on lessons learned
from the international response to the tsunami tragedy in the
Indian Ocean region, strategies for U.S. policy in Iraq and the
Middle East, and the status of the six-party talks with North
Korea. In the 108th Congress, the committee also held a number
of hearings that informed its work on this legislation. They
included hearings on visa policy, the Millennium Challenge
Corporation, an ongoing committee investigation into efforts to
combat corruption in the multilateral development banks, the
situation in Sudan, reform and counter-terrorism in Pakistan,
the Middle East Road Map, and several updates on U.S. efforts
in Iraq. Throughout their work in both public hearings and in
classified briefings, committee Members have explored the
policy choices, the challenges, and the purposes that underlie
the funding and the authorities contained in this legislation.
The committee considered an original bill on March 3, 2005.
During the mark-up of this legislation, the committee adopted
by voice vote a managers' package consisting of 10 amendments.
A number of other amendments were also adopted by voice vote:
An amendment offered by the Chairman that authorizes
the Secretary of State to carry out an accelerated
global program to secure or eliminate conventional
weapons and tactical missile systems that pose a
proliferation threat. The amendment redesignates an
office in the Department to formulate policy and plan
programs to reduce conventional arms and authorizes
funding for the effort.
An amendment offered by Senator Boxer expressing the
Sense of Congress that the municipal elections recently
held in Saudi Arabia are a positive step and that it is
in the interest of Saudi Arabia to permit women to run
for office and vote in all future elections.
An amendment by Senator Sununu authorizing the
Secretary of State to provide scholarships for students
from Islamic countries to study at U.S. institutions of
higher education that are chartered and accredited in
the United States and located in Islamic countries.
An amendment by Senator Feingold requiring the
Coordinator of U.S. Government Activities to Combat
HIV/AIDS Globally to issue a public report on U.S.
funds spent to procure anti-retroviral drugs for
patients in U.S. aid-recipient countries.
An amendment by Senator Feingold requiring a report
to Congress on the status of cooperation between the
Indonesian government and the U.S. government in the
Timika investigation before release of FY 2006 funds
for international military education assistance or
defense-related procurement by Indonesia.
An amendment by Senator Sarbanes adding an increase
in the cap for hardship pay to the bill's provision
increasing the cap for danger pay for Foreign Service
officers.
An amendment by Senator Sarbanes stating that $2
million in International Military and Education
Training should be made available to Greece in 2006 and
2007.
By a vote of 9-9, the committee defeated an amendment
proposed by Senator Sarbanes to increase funding for
Development Assistance, Child Survival and Health, and
International Organizations and Programs. The amendment would
have drawn the additional funds from the Millennium Challenge
Account and Transition Initiatives.
The committee ordered the bill reported, as amended, by a
vote of 18 to 0. Ayes: Lugar, Hagel, Chafee, Allen, Voinovich,
Alexander, Coleman, Sununu, Murkowski, Martinez, Biden,
Sarbanes, Dodd, Kerry, Feingold, Boxer, Nelson, and Obama.
III. Summary
The committee believes that the authorizations of
appropriations contained in this legislation must be seen as an
integral component of national security policy. This funding is
the civilian complement to the defense budget, providing the
resources, personnel and programs that undergird the nation's
diplomatic strength. When they are successful, these tools of
foreign policy can save more than treasure. They can save
American lives. Comparatively inexpensive, the foreign affairs
funding authorized in this legislation is only about 4 percent
of total government discretionary spending, whereas the nation
is now spending some 50 percent of discretionary funds on the
military component of national security policy.
In reporting this bill to the Senate, the committee urges
fellow Senators to embrace the vision that a strong and well-
funded foreign policy boosts the chances that our country will
prevail in the war against terrorism and can check the kind of
cataclysmic attack foreshadowed by the tragedy of September
11th. The committee believes that diplomatic clout, strong
international information programs, and targeted foreign
assistance are a national security priority.
Authorizations of appropriations in this bill cover the
operating expenses and programs of the Department of State, the
U.S. Agency for International Development, the Broadcasting
Board of Governors, the Peace Corps, and the Millennium
Challenge Corporation for Fiscal Years 2006 and 2007. Among
other programs, it includes funding to address the HIV/AIDS
epidemic, build safer embassies for citizens serving in a more
dangerous world, and carry out education and cultural exchange
programs that enrich America's dialogue with other nations. It
funds the cadre of personnel leading the civilian battle
against terrorism in foreign capitals: consular officers to
defend our borders, political officers to gain cooperation on
apprehending terrorists, public diplomacy officers to get
America's story out, and ambassadors to lead the complex and
multi-faceted mission.
The bill authorizes appropriations for the President's
foreign affairs budget within the jurisdiction of the committee
at the level he requested. It represents a 13 percent increase
over last year's appropriated level and a 10.7 percent
increase, as calculated by the Congressional Budget Office,
over last year's baseline amount. The committee finds these
increases necessary and justified. Since the end of the Cold
War, the foreign affairs account has suffered frequently from
inadequate funding. The American public generally understands
that the United States reduced military spending in the 1990s
following the fall of the Soviet Union. Few are aware, however,
that reductions were applied even more unsparingly to foreign
affairs programs. In constant dollars, the foreign affairs
budget was cut in six consecutive years from 1992 to 1998. This
slide occurred even as the United States sustained the added
costs of establishing new missions in the fifteen states that
were part of the former Soviet Union. In constant dollars, the
cumulative effect was a 26 percent decrease in our foreign
affairs programs. As a percentage of GDP, this six-year slide
represented a 38 percent cut in foreign affairs programs.
This bill contains numerous legislative branch initiatives,
most notably the Stabilization and Reconstruction Civilian
Management Act, which was developed in this committee and was
reported out last year. Its purpose is to build Department of
State capacity to organize and lead the civilian component of
stabilization and reconstruction missions overseas.
Uncontrolled territory, chaotic post-conflict situations, and
criminalized governments can provide terrorists with
sanctuaries where they regroup, train, and plan without fear of
arrest. The bill establishes in law the office that will
anticipate and plan for the difficulties of rebuilding stable
societies in post-conflict situations. The bill authorizes
appropriations for personnel, training, and resources for this
enormous new undertaking.
Three other legislative branch initiatives included in the
bill call for U.S. leadership on several fronts. The Protection
of Vulnerable Populations during Humanitarian Emergencies Act
of 2005 includes provisions designed to improve protections for
women, children, and other vulnerable populations in the
context of war or disaster. The Safe Water: Currency for Peace
Act of 2005 recognizes that safe water and sanitation, sound
water management, and improved hygiene for people around the
world is an essential ingredient of our foreign policy
objectives. It authorizes a 5-year pilot program to assist
countries that have a high rate of water-borne illness, with
alternative funding mechanisms such as investment insurance,
investment guarantees or loan guarantees to develop sustainable
water infrastructure systems. The Global Pathogen Surveillance
Act of 2005 acknowledges that the threat of bioterrorism or the
potential spread of such dangerous diseases as SARS and Avian
flu poses significant challenges not only for the United
States, but also for the entire world. The Global Pathogen
Surveillance Act seeks to enhance the capability of the
international community to detect, identify, and contain
infectious disease outbreaks, and to determine whether those
outbreaks are natural or deliberately initiated.
The authorizations of appropriations for foreign assistance
place top priority on assisting the front-line states in the
war on terrorism. The authorization of funding for these
countries is $5.8 billion, 9 percent more than requested in
FY2005. Likewise, the bill increases funding for the non-
proliferation and anti-terrorism programs by $41 million to a
total of $440 million.
The bill includes executive branch initiatives targeting
democracy, governance and economic development in the Middle
East. Authorization of appropriations for the State
Department's Middle East Partnership Initiative (MEPI) is
increased from $89 million to $150 million. The National
Endowment for Democracy budget is increased by one-third to $80
million to continue the President's Greater Middle East
Democracy Initiative. The bill contains $150 million of the
funds pledged by the President in his State of the Union
address for programs in the West Bank and Gaza.
Improving U.S. public diplomacy is a clear priority for the
committee. With the successful Iraqi elections, the widely
known and generous American response to the tsunami tragedy,
and new optimism on the Israeli-Palestinian front, there is an
opportunity to shape wavering international opinion of U.S.
goals and values. The bill provides the authorization for an
increase of $8 million in the Diplomatic and Consular account
to be spent on public diplomacy, $430.4 million for Educational
and Cultural Exchanges (an increase of $74.5 million), and
$651.9 million for international broadcasting (an increase of
$60.3 million).
One of the largest increases in authorized amounts in the
bill is for the Millennium Challenge Corporation (MCC). The
request is for $3 billion, a significant sum and a 100 percent
increase over last year's appropriation. The committee did not
approve an amendment to defer such a large increase in funding
for the MCC and distribute the $427 million cut among other
foreign aid accounts. While views on the specific amendment
varied, the debate demonstrated strong committee support for
the MCC's long-term mission to boost economic development in
the poorest, but most likely-to-succeed countries. The
committee intends to continue to monitor MCC developments to
ensure that the organization adheres to its publicly stated
principles and goals while making deliberate but timely
progress in obligating funding to MCC recipient projects and
programs.
The bill also focuses resources on the HIV/AIDS pandemic
that threatens to overwhelm entire societies. The President
requested a significant increase in HIV/AIDS assistance, with
the overall request at $3.2 billion, up from the appropriated
$2.9 billion last year. The two-thirds of that amount contained
in the 150 account has been fully funded by Congress in
previous legislation. This bill is consistent with the
President's HIV/AIDS request. The committee has long advocated
a leading U.S. international role in both preventing and
treating this devastating disease.
IV. Division A--Foreign Relations Authorization
(A) SUMMARY OF FUNDS
[in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2005
appropriations FY 2006 FY 2006 bill
estimate request as reported
----------------------------------------------------------------------------------------------------------------
Diplomatic and Consular Programs............................. $4,172,220 $4,472,641 $4,472,641
[Includes: Worldwide Security Upgrades]...................... 649,904 689,523 689,523
Capital Investment Fund...................................... 128,263 133,000 133,000
Embassy Security Construction................................ 1,503,644 1,526,000 1,526,000
& Maintenance..............................................
Other State Department Accounts
Representation Allowances.................................... 8,525 8,281 8,281
Protection of Foreign Mission and Officials.................. 9,762 9,390 9,390
Emergencies in Diplomatic and Consular Service............... 987 13,643 13,643
Repatriation Loans........................................... 1,203 1,319 1,319
Payment to the American Institute............................ 19,222 19,751 19,751
in Taiwan..................................................
Office of the Inspector General.............................. 30,028 29,983 29,983
Education, Cultural, and Public Diplomacy Programs
Total........................................................ 355,932 430,400 430,400
Related Appropriations
National Endowment for Democracy............................. 59,199 80,000 80,000
East-West Center............................................. 19,240 13,024 13,024
The Asia Foundation.......................................... 12,826 10,000 10,000
International Organizations
Contributions for International.............................. 1,166,212 1,296,500 1,296,500
Organizations..............................................
Contributions for International Peacekeeping................. 483,455 1,035,500 1,035,500
International Commissions
International Boundary &..................................... 26,880 28,700 28,700
Water Commissions--S&E.....................................
International Boundary & Water............................... 5,239 6,600 6,600
Commissions--Construction..................................
International Boundary Commission............................ 1,231 1,429 1,429
International Joint Commission............................... 6,214 6,320 6,320
International Fisheries Commissions.......................... 21,688 25,123 25,123
Migration and Refugee Assistance
Total........................................................ 763,840 892,770 892,770
International Broadcasting Activities
Total International Broadcasting............................. 591,552 651,943 651,943
----------------------------------------------------------------------------------------------------------------
(B) SECTION-BY-SECTION ANALYSIS
Sec. 101. Administration of Foreign Affairs
This section authorizes appropriations under the heading
``Administration of Foreign Affairs'' for FY 2006 and 2007.
The committee has authorized the full amount of the
President's request in FY 2006 and provided such sums as may be
necessary in FY 2007 for Diplomatic and Consular Programs,
Worldwide Security Upgrades, the Capital Investment Fund,
Embassy Security, Construction and Maintenance, Educational and
Cultural Exchange Programs, Representation Allowances,
Protection of Foreign Missions and Officials, Emergencies in
the Diplomatic and Consular Service, Repatriation Loans,
Payment to the American Institute in Taiwan and the Office of
the Inspector General.
Sec. 102. International organizations and conferences
This section authorizes appropriations in FY 2006 and such
sums as may be necessary in FY 2007 for contributions to
international organizations (CIO) and for contributions to
international peacekeeping (CIPA).
The committee is authorizing the full amount requested for
both the CIO and CIPA accounts. The funding represents U.S.
treaty obligations to pay assessed contributions to the U.N.
regular budget, the budgets of the specialized agencies in
which the U.S. is a member, and the U.S. share of peacekeeping
assessments. The committee is requesting a report from the
Secretary of State on the implementation of the recommendations
contained in the United Nations' August 2000 ``Brahimi Report''
on Peacekeeping Operations. The request specifically cites the
committee's interest in learning how the U.S. Government is
contributing to the development of a more robust U.N. capacity
to organize international police units for use on an emergency
basis.
The committee continues its ongoing interest in bringing
payment of U.S. dues to the United Nations into synchronization
with the U.N. budget. Currently, U.S. annual dues are paid late
in the calendar year, at the start of the U.S. fiscal year;
however, the U.N. budget year begins in January. The annual
payment of U.S. dues nine months late strains the U.N.'s
financial stability, and frequently jeopardizes accounts for
critical peacekeeping missions. The administration is urged to
request funding next year that would result in the U.S. paying
its dues on time annually, in January, when they are due.
The committee also recognizes and supports the
administration's efforts, particularly over the past year, to
establish a Democracy Caucus at the United Nations. Such a
caucus would work within the various bodies of the United
Nations, such as the General Assembly and the Commission on
Human Rights, to bolster global democratic principles, advance
human rights, and promote international security and stability.
Sec. 103. International Commissions
This section authorizes appropriations for FY 2006 and such
sums as may be necessary for 2007 under the heading
``International Commissions.'' It authorizes funds necessary to
enable the United States to meet its obligations as a
participant in international commissions, including those
dealing with American boundaries and related matters with
Canada and Mexico, and international fisheries commissions.
Sec. 104. Migration and refugee assistance
This section authorizes appropriations for fiscal year 2006
and such sums as may be necessary for 2007 to enable the
Secretary of State to provide assistance and make contributions
for migrants and refugees, including contributions to
international organizations such as the United Nations High
Commissioner for Refugees and the International Committee for
the Red Cross, through private volunteer agencies, government,
and bilateral assistance, as authorized by law.
Sec. 105. Centers and Foundations
This section authorizes appropriations for fiscal year 2006
of $80,000,000 for the National Endowment for Democracy,
$13,024,000 for the Center for Cultural and Technical
Interchange between East and West, and $10,000,000 for the Asia
Foundation. It authorizes such sums as may be necessary for
2007.
Sec. 106. Vietnam Fulbright Academic Exchange Program
Of the amount made available for ``Educational and Cultural
Exchange Programs'' under section 101(4), this section
authorizes appropriations of $5,000,000 for fiscal year 2006
and $5,000,000 for fiscal year 2007 for the Vietnam Fulbright
academic exchange program.
Subtitle B--United States International Broadcasting Activities
Sec. 111. Authorizations of appropriations
This section authorizes appropriations for international
broadcasting activities in fiscal year 2006 in the amount of
$641,050,000. For Broadcasting Capital Improvements,
$10,893,000 is authorized. It authorizes such sums as may be
necessary for both accounts for fiscal year 2007.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Sec. 201. Interference with protective functions
This section makes it a crime to knowingly and willfully
obstruct, resist, or interfere with Diplomatic Security agents
involved in their protective duties. The provision is modeled
on a similar provision in the Federal criminal code with regard
to interference with the protective duties conducted by the
Secret Service. (18 U.S.C. 3056(d)).
Sec. 202. Authority to issue administrative subpoenas
This section provides a narrow administrative subpoena
authority for the Secretary of State that may be issued in
cases of an ``imminent threat'' to persons, missions or
organizations protected by Diplomatic Security agents under the
authority of Section 37(a)(3) of the State Department Basic
Authorities Act of 1956. The authority is similar to one
provided to the Secret Service (see 18 U.S.C. 3486), and the
procedural protections of that provision will apply here. The
power to issue such subpoenas can be delegated by the Secretary
only to the Deputy Secretary, thereby assuring close attention
to this authority at the highest level of the Department. In
addition, to facilitate oversight of the exercise of this
authority, the Secretary must report annually to the committee
on its use.
Sec. 203. Enhanced Department of State Authority for Uniformed Security
Officers
This section provides law enforcement authority to
uniformed security guards at State Department facilities in the
Washington, DC area and elsewhere in the United States, and
authority to designate firearms and explosives training
officers as law enforcement officers for the purposes of
safeguarding weapons at training facilities and in transit.
Under current law, the uniformed contract guards who provide
security at Department facilities are governed by a patchwork
quilt of authorities. Such guards have some law enforcement
authority under delegations by the General Services
Administration (at those facilities which are GSA-operated),
and under an arrangement with the Marshals Service which allows
certain guards to be deputized.
The committee finds it unacceptable that there is not clear
legal authority provided to guards charged with protecting
Department facilities and employees. The committee notes that
numerous other Federal departments have similar statutory
authority, including the Departments of Defense, Energy,
Transportation, and Veterans Affairs, as well as the National
Aeronautics and Space Administration and the Federal Reserve.
Sec. 204. Grant authorities
This section authorizes the Secretary of State to use
grants, cooperative arrangements, or contracts to support
public diplomacy efforts promoting biotechnology and to support
training and technical assistance projects for the protection
of intellectual property rights. This authority is intended to
provide a tool to help ensure that views and decisions of
foreign governments concerning biotechnology and its
applications in the areas of food and agriculture reflect
scientific findings about such technology. In addition to
providing grant authority for the protection of intellectual
property rights, the committee urges the Department to make the
protection of such rights a top priority in its diplomatic
agenda in nations where weak or ineffective law enforcement is
undermining the internationally recognized rights of American
authors, recording artists, and the motion picture industry to
have their creative works protected.
Sec. 205. International Litigation Fund
This section allows the State Department to retain awards
of costs and attorneys' fees when defending against
international claims in addition to amounts currently allowed
to be retained when it successfully prosecutes a claim.
Sec. 206. Retention of medical reimbursements
Currently, medical insurance reimbursements for payments
made by the State Department for employee health care abroad
must be credited to Department accounts in the year the
obligation and payment for the medical services was made. This
section allows the Department to retain these reimbursements in
Department accounts in the year in which they are collected,
ensuring that reimbursements obtained in the fiscal year
following that in which the obligation and payment was made
will be available to the Department.
Sec. 207. Transfer authority for Buying Power Maintenance Account
This section amends Section 24(b)(7) of the State
Department Basic Authorities Act of 1956, which permits the
transfer of up to $100 million in expired, unobligated balances
into the no-year Buying Power Maintenance Account as a means to
offset adverse fluctuations in foreign currency exchange rates.
The section eliminates the requirement that such transfers be
subject to appropriations.
Sec. 208. Accountability Review Boards
This section gives the Secretary of State the discretion to
convene an Accountability Review Board, or use alternate
procedures to conduct an inquiry for incidents that involve
serious injury, loss of life or significant destruction of
property at or related to a U.S. Mission in Iraq or
Afghanistan. This authority extends from July 1, 2004 to
September 30, 2009. If the Secretary chooses not to convene a
Board, but instead uses the authority of this provision, she is
required to notify the committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate of the incident, to conduct an inquiry,
and to report to the committees on the findings and
recommendations of the inquiry and the actions taken as a
result. The Administration requested this provision. The
committee recognizes that there is a higher level of risk
involved at the U.S. missions in these two nations, and
therefore the requirement for a full-scale Accountability
Review Board may be impractical. The committee does expect,
however, that in the case of such incidents, a thorough inquiry
will be conducted in order to determine whether security
procedures should be modified.
Sec. 209. Designation of Colin L. Powell Residential Plaza
This section names the Federal building in Kingston,
Jamaica, formerly known as the Crowne Plaza and now a staff
housing facility for the U.S. Embassy in Jamaica, after former
Secretary of State Colin L. Powell.
Sec. 210. Removal of contracting prohibition
This section repeals Section 406(c) of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986, which made
persons doing business with Libya ineligible for contracts
awarded under that act. Deletion of section 406(c) will permit
the Department to undertake activities such as refurbishing and
maintaining the current U.S. liaison office in Tripoli.
Sec. 211. American Institute in Taiwan facilities enhancement
This section amends the American Institute in Taiwan
Facilities Enhancement Act to authorize such sums as may be
necessary for construction of the American Institute in Taiwan
compound. The original sum of $75 million, authorized in 2000,
is inadequate, as the current estimate for a new facility is
$143 million.
Sec. 212. Extension of the Advisory Committee on Cultural Diplomacy
This section extends the authorization of the Advisory
Committee on Cultural Diplomacy, which was established by
Section 224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (P.L. 107-228). That provision authorized the
committee to operate until September 30, 2005, or for
approximately three years. This provision extends the
authorization of the committee for an additional two years,
until September 30, 2007.
Sec. 213. Victims of crime in foreign countries
This section directs the Secretary of State to establish a
Victims of Crime office in the Bureau of Consular Affairs. The
office is to provide services to American victims of violent
crimes overseas, to maintain a data base to track the incidents
of violent crimes against Americans that are reported to
overseas missions, and to administer financial assistance to
victims who need it. This section gives the Secretary authority
to use money from the ``K'' fund, which is for unforeseen
emergencies arising in the diplomatic and consular service, to
provide emergency financial assistance when no other assistance
is available. The section requires a report from the Secretary
outlining the operation of the office and recommending how it
can be improved.
Sec. 214. The United States Diplomacy Center
This section authorizes the Secretary of State to establish
a United States Diplomacy Center housing a museum, conference
center and auditorium to be located in the Department of State
headquarters at the Harry S Truman Building. As envisioned, the
Center is intended to organize and sponsor educational and
outreach programs explaining the role of U.S. diplomats and
American foreign policy in safeguarding U.S. security,
promoting peace, increasing prosperity, promoting U.S. values,
and protecting U.S. citizens abroad. The committee notes that
this would not be the first such center created by or located
in a U.S. Government facility. It urges the Department to plan
carefully and take every step necessary to ensure that public
access to the Center does not compromise security of the
headquarters building. To date, over $1.2 million has been
raised for the museum from private sources, and the first of
three phases of design and construction was completed in
December 2004. A fund-raising strategic plan is being developed
to raise the necessary funds for the remaining phases and will
be implemented following internal review and approval by the
Undersecretary for Management.
Sec. 215. Strengthening United States educational programs in the
Islamic world
The committee appreciates the contributions that non-
profit, U.S.-organized colleges and universities in the Middle
East play in promoting U.S. national security. These
institutions help to nurture democracy and tolerance by
educating successive generations of leaders who are committed
to American values and who understand the tangible economic,
political, and social benefits that a commitment to democracy
produces. These colleges and universities also help to foster
mutual understanding between the United States and the Islamic
world. They include the American University of Beirut, Lebanese
American University, and the American University of Cairo.
Scholarships authorized under this provision should assist in
making these educational opportunities accessible to students
of the region.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Sec. 301. Education allowances
This section modifies current law to authorize payments to
cover certain education costs and educated-related travel costs
for children of government personnel stationed at posts where
schools are inadequate, and for college and post-graduate
students who are still dependents. Students older than 22 are
ineligible for such allowances.
Sec. 302. Official residence expenses
This section permits the Department of State to provide in
advance funds available for official residence expenses under 5
U.S.C. sec. 5913(b) to those persons now eligible to receive
reimbursement for such expenses.
Sec. 303. Increased limits applicable to post differentials and danger
pay allowances
This section increases the cap for hardship and danger pay
for Foreign Service personnel from 25 percent of salary to 35
percent . As a result of increased hardship and danger in many
locations, many posts with high but disparate levels of
hardship and danger are clustered at the ceiling rates of 25
percent . This has resulted in an inability to maintain
appropriate distinctions between the various levels of hardship
and danger.
This section would not result in an automatic increase of
rates for all hardship locations or danger pay locations, but
would provide the Department discretionary authority to make
appropriate adjustments. Based on estimates presented to the
committee, the Department of State could apply the full
increase for danger pay to personnel serving at 8 posts in 5
countries and the full increase for hardship pay to personnel
at 19 posts in 17 countries. The State Department estimates the
cost of these increases at approximately $6 million, although
the proposal could be implemented in phases to reduce the
dollar impact.
The committee believes that the Department should find
funding within its regular budget to cover the cost of lifting
the cap on such pay. Increases are justified as an incentive to
officers to serve at exceptionally difficult posts. The
committee recognizes that Foreign Service officers take
substantial risks in locating to remote and hazardous areas
where U.S. presence is essential but where our representatives'
physical health and well-being may be jeopardized.
Sec. 304. Home leave
This section allows additional flexibility in the
application of the home leave program provided under the
Foreign Service Act of 1980. First, it allows Foreign Service
personnel to schedule their home leave, if desired, after 12
months of service at a post, rather than after 18 months as
required under current law. Second, the provision delinks rest
and recuperation travel from the timing of home leave so that
members of the Service are allowed more flexibility in taking
each.
Sec. 305. Fellowship of Hope Program
This section clarifies the authority of an existing
exchange program with the foreign ministries of EU countries
and with the EU Commission in Brussels and expands it to NATO
countries and NATO headquarters. Under the expanded program,
mid-level diplomats spend a year working in the foreign
ministries of participating countries or in the European
Commission or NATO headquarters.
Sec. 306. Security Officers Exchange Program
This section clarifies the authority of an existing
exchange program with the foreign ministries of Australia and
the United Kingdom. Under the program, security officers spend
up to three years working in the foreign ministries of
participating countries.
Sec. 307. Reemployment of annuitants
This section permits the Secretary of State to waive
limitations on dual compensation that apply to re-employed
Foreign Service annuitants when they are re-employed on a
temporary basis in positions for which it is exceptionally
difficult to recruit or retain qualified employees. Under
current law, Foreign Service annuitants hired on a full-time
basis have their annuities terminated; those employed on a
part-time or intermittent basis may only work for a limited
period of time each year because of the dual compensation
limits. These limitations hamper the Department's ability to
hire experienced individuals with unique skills to meet
important mission needs. This waiver authority already exists
for the Civil Service (5 U.S.C. 8468(f)(A)), but it is limited
for the Foreign Service to emergencies involving a direct
threat to life or property or other unusual circumstances.
This section grants on a pilot basis for the Foreign
Service the additional waiver authority for positions for which
it is exceptionally difficult to recruit or retain qualified
employees; the authority will expire at the end of fiscal year
2007. One year following the enactment of this Act, the
Secretary of State is required to submit to the Congress a
report on use of this waiver authority. The committee expects
the Department to ensure that such waivers are granted only in
a limited number of exceptional cases and that such waivers are
authorized only by the Under Secretary for Management.
Sec. 308. Suspension of Foreign Service members without pay
This section allows the Department to suspend without pay a
member of the Foreign Service in cases where there is
reasonable cause to believe that the employee has committed a
crime for which he/she may be imprisoned and there is a
connection to the efficiency of the Service. This provision is
drawn from a similar provision in the civil service laws (see 5
U.S.C. Secs. 7512, 7513), and is similar to a provision that
once existed in Section 610(a)(3) of the Foreign Service Act of
1980, but was replaced by a provision requiring conviction of a
crime before suspension without pay could be imposed. See
Section 143 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (P.L. 102-138).
Although the provision is not identical to the analogous
provision in the civil service laws, it is intended to operate
in the same manner as the law has developed (in cases of
suspension involving a reasonable cause to believe that a crime
has been committed) in the Merit Systems Protection Board and
Federal courts of appeals. In those cases, the agency must show
that it has a reasonable belief that the individual has
committed a crime for which a term of imprisonment may be
imposed and that it would ``promote the efficiency of the
service.'' To show that a suspension promotes the efficiency of
the service, the ``agency must establish a nexus between . . .
[the] acts of misconduct and the employee's job
responsibilities.'' Pararas-Carayannis v. Dep't of Commerce, 9
F.3d 955, 957 (Fed. Cir. 1993). The committee intends that the
same nexus between the misconduct and the employee's duties be
demonstrated in suspensions under this section.
Accordingly, the committee expects that suspensions will be
imposed only in cases of serious crimes that bear a
``sufficient relationship'' to the employee's duties.
Dunnington v. Dep't of Justice, 956 F.2d 1151, 1156 (Fed. Cir.
1992). In some cases, as the courts have held, ``egregious
criminal conduct'' will justify a presumption that the nexus
requirement has been satisfied, even if it occurred off-duty.
Sanders v. U.S. Postal Service, 801 F.2d 1328, 1332 (Fed. Cir.
1986). A suspension may be indefinite, but it is not unlimited.
Once the criminal case is concluded, the agency must make a
decision on the employee's status within a reasonable period of
time. Richardson v. Customs Service, 47 F.3d 415, 419 (Fed.
Cir. 1995). If there is an acquittal and the employee is
reinstated, the employee may receive back pay, either under the
Back Pay Act, Richardson, 47 F.3d at 421, or Section 2(o) of
the State Department Basic Authorities Act of 1956.
Sec. 309. Separation of lowest-ranked Foreign Service members
This section modifies existing personnel review procedures
that require Foreign Service promotion panels to ``low rank''
five percent of every Foreign Service class. Under a law
enacted in 1998, if a member is low ranked twice in five years,
the Secretary must recommend separation (those so ranked are
referred to a separate panel for consideration of whether they
should be retained in the Service). The provision in this bill
reduces the low ranking requirement from 5 percent to 2
percent. The committee is persuaded, based on the experience of
the last several years, that 2 percent is a more appropriate
standard.
Sec. 310. Clarification of Foreign Service Grievance Board procedures
This section allows the Foreign Service Grievance Board to
retain an employee on the payroll while a grievance is being
reviewed until a final decision is rendered on the merits of
the case before the Board. This section corrects an unintended
error in the conforming amendment made in Section 314 of the
Foreign Relations Authorization Act of FY 2003 (P.L. 107-228)
regarding separation for cause.
Sec. 311. Repeal of requirement for recertification process for Members
of the Senior Foreign Service
This section repeals the requirement in Section 305(d) of
the Foreign Service Act of 1980 that requires members of the
Senior Foreign Service to be subjected to a recertification
process that is equivalent to the recertification process for
members of the Senior Executive Service. Such a process is no
longer required for the Senior Executive Service, as it was
repealed by Section 1321 of the Homeland Security Act of 2002.
Sec. 312. Deadline for issuance of regulations regarding retirement
credit for Government service performed abroad
This section establishes a deadline of 60 days for the
issuance of regulations to implement Section 321 of the Foreign
Relations Authorization Act, Fiscal Year 2003 (P.L. 107-228),
which provides for retirement credit for part-time,
intermittent, or temporary (PIT) employees who worked for the
Department of State overseas as part of the spousal employment
program in the 1990s.
Sec. 313. Worldwide availability
This section clarifies that persons entering the Foreign
Service must be available to serve worldwide and that the
Secretary of State, through the Department's Office of Medical
Services, determines whether candidates meet medical standards
for worldwide availability. In line with current practice, the
provision gives the Secretary, and the head of each of the
respective agencies that hire Foreign Service personnel,
discretion to waive the worldwide availability requirement to
fulfill a compelling need of the Service.
Sec. 314. Technical amendments to Title 5 provisions on recruitment,
relocation, and retention bonuses
Sections 5753 and 5754 of Title 5 were amended by Section
101 of the Federal Workforce Flexibility Act of 2004 to
prohibit payment of recruitment, retention, and relocation
benefits to persons holding positions to which they were
appointed by the President with the advice and consent of the
Senate. This technical amendment would amend sections 5753 and
5754 to clarify that they do not preclude the Department of
State from offering such benefits to members of the Foreign
Service, who are by definition appointed by the President with
the advice and consent of the Senate under section 302(a)(1) of
the Foreign Service Act of 1980.
Sec. 315. Limited appointments in the Foreign Service
This section codifies the State Department's practice of
requiring specialist limited non-career appointees to have a
one-year break in service after completion of a five-year
limited appointment before assuming a new limited appointment.
In addition, it authorizes the Department to extend limited
appointments of career Foreign Service candidates, now capped
at five years, in narrowly defined circumstances such as in
cases where the officer is called to active duty military
service or to remedy a grievance. The amendment further affords
the Secretary the administrative flexibility to extend limited
appointments upon a determination of exceptional circumstances
and the needs of the Service.
Sec. 316. Personal service contractors
This section establishes a demonstration program permitting
the State Department to hire personal service contractors
(PSCs) for the Office of the Inspector General. No more than 20
PSCs may be employed at any one time, and the contract length
for each PSC may not exceed two years, with up to one
additional year possible in exceptional circumstances. This
authority expires on December 31, 2007 and the PSC contracts
may not remain in effect beyond June 30, 2008.
Sec. 317. Disclosure requirements applicable to proposed recipients of
the personal rank of Ambassador or Minister
This section modifies existing law related to conferral of
the personal rank of Ambassador. Under Section 302 of the
Foreign Service Act of 1980, the President may confer such
rank, without the advice and consent of the Senate, for special
missions not exceeding six months in duration. When the
President makes such a designation, he is required to submit
certain information about the individual and the special
mission to the Committee on Foreign Relations. This provision
makes clear that the President shall submit to the committee a
financial disclosure statement completed by the individual.
Sec. 318. Provision of living quarters and allowances to the United
States Representatives to the United Nations
This provision increases from 30 to 40 the number of U.S.
government officials who may be provided housing by the
Secretary of State while serving at the U.S. mission to the
United Nations in New York City. It also makes the allowance
for housing not taxable, consistent with the overseas housing
benefit. These changes reflect the committee's desire to ease
difficulties in recruiting the best staff available to work in
New York for two or three-year assignments and to promote
effective diplomacy at the United Nations.
TITLE IV--INTERNATIONAL ORGANIZATIONS
Sec. 401. Limitation on the United States share of assessments for
United Nations peacekeeping operations
This section would establish a permanent ceiling of 27.1
percent on U.S. payments to the United Nations peacekeeping
budget. The committee is concerned by recent, credible reports
of sexual abuse carried out by U.N. peacekeepers in missions in
Haiti and the Democratic Republic of the Congo. Such abuses are
deplorable and the guilty must be held accountable, in
accordance with the United Nation's zero-tolerance policy for
sexual abuse. At the same time, the committee recognizes that
these 200-some cases represent a small percentage of the more
than 65,000 U.N. peacekeepers and civilian police who are
currently deployed and serving with honor and distinction in
sixteen critical operations worldwide. The committee notes that
U.N. peacekeeping missions are established with the concurrence
of the United States government, which can veto a mission to
which it objects. These missions provide a force multiplier in
cases where a significant number of U.S. troops may be
unavailable but where it is in the U.S. national interest to
see order restored and maintained, for example, in such places
as Liberia, Sudan, Kosovo, Haiti and the Pakistan/India border.
Sec. 402. REDI Center
This section authorizes U.S. participation in the Regional
Emerging Disease Intervention (REDI) Center in Singapore. There
is no authorization of appropriations needed as the Center is
expected to be funded by Singapore. Given recent outbreaks of
SARS and avian flu in the region, the committee fully supports
U.S. participation in such activities.
Sec. 403. Report to Congress on implementation of the Brahimi Report
This section requires the Secretary of State to submit a
report to the appropriate congressional committees that
assesses the U.N. implementation of the recommendations of the
2000 Report of the Panel on United Nations Peace Operations
(known as the ``Brahimi Report''). The committee recognizes the
importance of the U.N. peacekeeping operations, including their
capability to deploy civil police forces in post-conflict
stabilization missions. The committee believes that the report
required by this section will contribute to its oversight of
U.S. efforts and support for implementing any outstanding
recommendations of the 2000 Brahimi assessment.
Sec. 404. Sense of Congress on the United Nations budgetary discipline
and management reform
This section expresses the sense of Congress that the
United Nations should comply with its commitments to budgetary
discipline and management reform.
TITLE V--BROADCASTING BOARD OF GOVERNORS
Sec. 501. Short title
This provision designates the short title of Title V of the
bill.
Sec. 502. Middle East broadcasting networks
This section amends the United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) to authorize
the Middle East Broadcasting Networks (MBN) as a non-federal
grantee organization and to formally establish the MBN in
permanent law. Congress has previously appropriated funds on an
annual basis to the BBG for the MBN's two TV channels (Alhurra
and Alhurra Iraq) as well as Radio Sawa, all broadcasting in
Arabic.
MBN is consistent with other independent, not-for-profit
broadcasting entities supervised by the BBG, and is required to
meet the same standards and broadcasting principles. The annual
grants to MBN by the BBG will be subject to auditing by the
Comptroller General of the United States and inspection by the
Inspector General of the Department of State.
Sec. 503. Improving signal delivery to Cuba
Jamming has been a problem since Radio Marti began
broadcasting into Cuba in May 1985. This section authorizes the
Office of Cuba Broadcasting to use additional AM frequencies,
as well as FM and shortwave frequencies. Currently, Radio Marti
is required to utilize the broadcasting facilities at Marathon,
Florida, and the 1180 AM frequency that was used by VOA prior
to the enactment of the Radio Broadcasting to Cuba Act, unless
broadcasts are jammed.
Sec. 504. Extending authority for Radio Free Asia
This section extends from September 30, 2009, to September
30, 2015, the Broadcasting Board of Governors' existing
authority to make grants for the purpose of operating Radio
Free Asia.
Sec. 505. Personal Services Contracting Program
The committee previously authorized a pilot program
allowing the BBG to hire 60 U.S. citizens or foreign nationals
on contract rather than as full-time government employees. This
provision gives the BBG permanent authority to hire 100 such
personnel. Such authority gives the BBG the flexibility to
hire, for the short or medium-term, broadcasters and on-air
hosts in difficult languages, some with many dialects. The BBG
used the authority for surge capacity in Urdu and Arabic and
extra hiring to enhance broadcasting into Zimbabwe, a
flexibility that this provision will expand and make permanent.
Sec. 506. Commonwealth of the Northern Mariana Islands education
benefits
This section authorizes the expenditure of funds for the
purpose of providing education allowances for dependents of
Broadcasting Board of Governors personnel employed in the
Northern Mariana Islands.
Sec. 507. Exemption from numerical limitations for temporary workers
This section adds the BBG to the list of organizations
eligible to utilize the H-1B visa without regard to the cap on
such visa entrants. The H-1B visa, available for up to six
years, is for temporary workers in ``specialty'' occupations.
The current statutory cap, intended to provide job protection
for U.S. citizens, is 65,000 and that annual quota was filled
on the first day it was made available in 2005. The BBG, which
needs broadcasters and editors with special language and
dialect skills, as well as first-hand knowledge of the
countries to which they broadcast, serves an important
government purpose; this exemption does not undermine the
purpose of the numerical limit. The use of this authority is
expected to be minimal. In the last decade, Radio Free Europe/
Radio Liberty has used just one H-1B visa; Radio Free Asia
expects to use five to ten such visas per year.
TITLE VI--CONSULAR AUTHORITIES
Sec. 601. Technical amendments to Intelligence Reform and Terrorism
Prevention Act of 2004
This section makes a number of minor and technical
amendments to the Intelligence Reform and Terrorism Prevention
Act of 2004 (the Intelligence Act):
It amends section 7209(d) of the Intelligence Act to
include the Secretary of Homeland Security, who has the
authority under section 233 of the Immigration and
Nationality Act to make agreements with the airlines on
secure transit passage areas.
It amends section 7201(c) of the Intelligence Act to
require that technologies acquired and deployed under a
plan required by that section be compatible with
systems used by the Department of State, to the extent
feasible, in addition to those of the Department of
Homeland Security.
It amends section 5506 of the Intelligence Act to
require the Attorney General to consult with the
Secretary of State on a report required under that
section that addresses implementation of
inadmissibilities for visa processing, among other
topics.
Sec. 602. International student exchange programs
This section addresses concerns regarding recent decline in
the enrollment of foreign students in the United States and
requires a report from the State Department that will analyze
the issue.
TITLE VII--RECONSTRUCTION AND STABILIZATION
Sec. 701. Short title
This section designates the short title for Title VII of
this bill.
Sec. 702. Finding; purpose
This section lists findings that explain the need for
legislation and the purpose of such legislation.
Sec. 703. Definitions
This section provides definitions of certain terms in the
bill.
Sec. 704. Sense of Congress
This section states the sense of Congress that there are
multiple ways to improve stabilization and reconstruction
activities; specifically:
(1) Strengthening the civilian elements to respond to
stabilization and reconstruction crises overseas;
(2) Establishing a new system of planning,
organization, personnel policies, education and
training and the provision of adequate resources;
(3) Encouraging the international community,
including non-governmental organizations and the United
Nations and its specialized agencies, to participate;
(4) Urging the President to establish a new
directorate of stabilization and reconstruction
activities within the National Security Council;
(5) Urging the President to establish a standing
committee to oversee the formulation and execution of
stabilization and reconstruction policy, chaired by the
National Security Advisor with membership of
appropriate agencies;
(6) Establishing a personnel exchange program between
the Department of State, USAID, and the Department of
Defense to enhance the stabilization and reconstruction
skills of military and civilian personnel and their
ability to undertake joint operations. Personnel
exchanges should include exchanges to regional and
specialized commands, as well as joint and service
schools, to ensure a broader base of interaction among
agencies;
(7) Urging other civilian agencies to work with the
Department of Defense to establish similar exchange
programs.
Sec. 705. Authority to provide assistance for reconstruction and
stabilization crises
This section provides the President with the authority,
after consultations with Congress, to determine that it is in
the national interest to provide assistance to a country or
region that is in, or transitioning from, conflict or civil
strife, and to provide such assistance from the $100 million
emergency fund authorized in this section, in addition to
amounts otherwise made available for such purposes, as well as
from commodities and services from the inventory of Federal
agencies. The funding mechanism and the authority to replenish
funds in this section are similar to current authorities that
are used to respond to refugee and migration crises, but the
exercise of the authority has been made subject to certain
conditions required by Section 614 of the Foreign Assistance
Act of 1961, an extraordinary authority that is used sparingly
and only after extensive consultations with Congress. The
committee intends that this authority be exercised in the same
manner as Section 614. The provision authorizes the annual
replenishment of the emergency fund without fiscal year
limitations.
U.S. funding mechanisms for post-conflict operations can
lack flexibility and effective mechanisms for emergency
contracting and procurement. The funds in this section are
intended to provide a quick start on such time-sensitive
activities as the restoration of public order, political and
civic reorganization, humanitarian aid, infrastructure repair
and the re-establishment of basic services.
Sec. 706. Office of the Coordinator for Reconstruction and
Stabilization
Subsequent to committee passage of S. 2127, the
Stabilization and Reconstruction Civilian Management Act of
2004, the executive branch in July 2004 created a new ``Office
of the Coordinator for Reconstruction and Stabilization''
within the State Department headed by a Coordinator who is
appointed by the Secretary. This section bases the creation of
the office in permanent law. The section states that the
Coordinator will report directly to the Secretary, have the
rank of ``Ambassador-at-Large,'' and will be appointed with the
advice and consent of the Senate. It also states that the
President may designate either the Coordinator or another
individual to take the lead in particular crises.
This section outlines several functions of the Office of
the Coordinator for Reconstruction and Stabilization in both
non-emergency and emergency situations.
This section is not intended to limit the prerogatives of
the President by pre-determining either the agency to lead a
stabilization and reconstruction effort or the individual to be
placed in charge.
Sec. 707. Response Readiness Corps
This section authorizes the Secretary of State, in
coordination with the USAID Administrator, to establish a
Response Readiness Corps that consists of both active duty and
reserve personnel. The active duty component of the Corps would
consist of up to 250 individuals specially recruited to be the
civilian vanguard of stabilization and reconstruction emergency
missions. The reserve component would be made up of federal and
at least 500 non-federal employees who have volunteered for
deployment and have the skills and training to provide
assistance in support of stabilization and reconstruction
activities overseas. The section also creates employment
authorities and establishes reporting requirements on the
establishment of the Corps.
Sec. 708. Stabilization and reconstruction training and education
This section gives the Secretary of State, in cooperation
with Secretary of Defense and the Secretary of the Army, the
authority to develop and establish new training curricula for
use in programs administered by the Foreign Service Institute,
the National Defense University, and the United States Army War
College. The section cites illustrative contents of such a
training curriculum.
Sec. 709. Service related to stabilization and reconstruction
This section is designed to encourage service in
stabilization and reconstruction activities overseas, which may
fall outside the normal career path of Foreign Service officers
and USAID personnel. It designates that certain service or
assignment in these areas should be considered among the
favorable factors for promotion of employees of Executive
agencies. In terms of training and promotion, this section
describes steps that the Secretary of State and USAID
Administrator should take to ensure that employees are properly
trained and identified for deployment in support of the Corps.
This training should also be provided to Ambassadors and Deputy
Chiefs of Mission.
The U.S. Government should place a high premium on
developing competency in the skills necessary to anticipate and
address crises. Critical to the establishment of an effective
cadre of people with special skills, experience, interest, and
commitment needed for such challenging missions is the
appropriate recognition of such service as professionally
rewarding. The environment in which civil servants, Foreign
Service officers, and others perform and advance must be
flexible enough to allow for success for personnel who follow
less traditional career paths and who may not reach executive
management positions because of the unpredictable nature of
their deployments. Incentives within all agencies must
recognize the value of personnel committed to these challenging
tasks. This section authorizes the creation of incentives and
benefits as appropriate to recognize and reward participants.
Sec. 710. Authorities related to personnel
This section provides personnel authorities to the
Secretary intended to provide flexibility, allow for short-term
and medium-term staffing, and strengthen surge capacity in
fulfilling the Department's new reconstruction and
stabilization mission. It grants authorities for the hiring of
100 employees on contract, the engagement of experts and
consultants for 60-day periods, and the detailing of employees
from other executive agencies, the uniformed services and State
and local governments. The section also provides certain waiver
authorities for dual compensation prohibitions for annuitants
under the Foreign Service Retirement and Disability System and
Foreign Service Pension System. The Secretary may extend
benefits to any individual deployed under this Act as provided
in the Foreign Service Act just as they are applicable to
members of the Foreign Service.
This section also authorizes compensatory time off for
individuals assigned, detailed or deployed to carry out
stabilization and reconstruction activities under this Act. The
section also authorizes the acceptance of volunteer services
and outlines the exceptions under which a person who volunteers
may be considered a federal employee. It provides authority to
the Secretary to establish temporary commissions of experts to
advise the Department on stabilization and reconstruction and
exempts their deliberations from Federal Advisory Committee Act
requirements.
Sec. 711. Authorization of appropriations
This section authorizes $24 million for fiscal year 2006
and such sums as may be necessary for 2007 for personnel,
education and training, equipment, and travel costs for the
reconstruction and stabilization activities of the office.
TITLE VIII--MISCELLANEOUS PROVISIONS AND REPORTING REQUIREMENTS
Sec. 801. Reports on acquisition and major security upgrades
This section amends the reporting requirement on the
embassy construction and security program under section 605(c)
of the Foreign Relations Authorization Act for Fiscal Year
2000-2001 from a semi-annual to an annual report, due on
December 1. The committee expects that the State Department
will continue to keep Congress informed of its building plans
throughout the year through other avenues, including the budget
estimate and financial plans transmitted 60 days after
enactment of the Commerce, Justice and State appropriations
bills, reprogramming for deviations from the financial plan,
the Long-Range Overseas Buildings Plan, and congressional
briefings.
Sec. 802. Fellowships for multidisciplinary training on
nonproliferation issues
This section authorizes the Secretary of State to expend $2
million to organize a new program on non-proliferation,
bringing foreign students to U.S. centers and academic
institutions who specialize in non-proliferation studies to
encourage and build a cadre of experts whose future careers
would be devoted to addressing the risk that weapons of mass
destruction pose.
It is intended to encourage eligible students to pursue
careers in nonproliferation by providing funds for graduate
fellowships, including work-study funds for on-the-job training
and research assistant positions at U.S. institutions of higher
education that focus on nonproliferation studies.
Sec. 803. Reporting requirements related to United States International
Agreements
This section makes two changes to the Case-Zablocki Act (1
U.S.C. 112b), which requires that the texts of international
agreements other than treaties be provided to the Congress. The
first provides that such agreements be provided directly to the
Committee on Foreign Relations and the House Committee on
International Relations. The second changes an annual reporting
requirement under the Act. Under current law, the report is
submitted by the President; this section changes the law to
require that the Secretary of State submit it instead.
Sec. 804. Requirement to submit to Congress findings under the
Diplomatic Security Act
This section amends the provision in the Diplomatic
Security Act related to Accountability Review Boards. Under the
Act, enacted in 1986, the Secretary of State must convene such
a board whenever there is a case of serious injury, loss of
life, or significant destruction of property at, or related to,
a U.S. Government mission abroad, and in any case of a serious
breach of security involving intelligence activities of a
foreign government directed at a U.S. Government mission
abroad. The provision applies only to facilities under the
control of the chief of mission. Under current law, any program
recommendations made by the Board are submitted to the
Secretary of State. The Secretary then provides to Congress a
report on each such recommendation and the action taken with
respect to that recommendation. This section requires the Board
to also submit its program recommendations directly to the
appropriate congressional committees.
Sec. 805. Requirement for additional report concerning efforts to
promote Israel's diplomatic relations with other countries
This section extends a reporting requirement outlining
efforts undertaken to promote Israel's diplomatic relations
with nations around the world.
Sec. 806. Sense of Congress relating to Magen David Adom Society
This section reconfirms a previously enacted sense of the
Congress provision that calls upon the International Committee
of the Red Cross to recognize the Magen David Adom Society and
states that the United States should continue to press for such
recognition.
Sec. 807. Limitation on use of funds relating to United States policy
with respect to Jerusalem as the capital of Israel
This section reaffirms previous congressional views on the
recognition of Jerusalem as the Israeli capital.
Sec. 808. Authorization of appropriations for the United States
Commission on International Religious Freedom
This section authorizes appropriations for the Commission
of $3 million for fiscal year 2006 and such sums as may be
necessary for fiscal year 2007.
Sec. 809. Sense of Congress on terrorist attack on United State
Consulate Jeddah, Saudi Arabia
This section expresses the sense of Congress regretting the
loss of life in the December 2004 attack and lists the names of
the Foreign Service Nationals employed by the Consulate who
died in the attack.
Sec. 810. Sense of Congress on participation of women in elections in
Saudi Arabia
This section expresses the sense of Congress that it is in
the interest of Saudi Arabia to permit women to run for office
and vote in all future elections.
Sec. 811. Terrorism in West Africa
This section requires the Secretary of State, in
consultation with the other cabinet officials, to formulate a
comprehensive 3-year strategy to combat international terrorism
in West Africa. The committee is concerned by reports of the
rise of international terrorism in this part of the world.
V. Division B--Foreign Assistance Authorization Act,
Fiscal Year 2006
(A) Summary of Funds
[in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2005
estimate FY 2006 request Committee mark
----------------------------------------------------------------------------------------------------------------
Child Survival & Health Programs Fund (CSH)............... 1,538 1,252 1,252
Global Fund to Fight AIDS, Tuberculosis, and Malaria \1\.. (248) (100) (100)
Development Assistance (DA)............................... 1,448 1,103 1,103
International Disaster and Famine Assistance.............. 485 656 656
Transition Initiatives.................................... 49 325 325
Development Credit Authority (DCA)........................ 8 8 8
USAID Operating Expenses (OE)............................. 613 681 681
USAID Capital Investment Fund............................. 59 78 78
USAID Inspector General Operating Expenses (IG)........... 35 36 36
Economic Support Fund (ESF)............................... 2,481 3,036 3,036
Assistance for Eastern Europe and the Baltic States (SEED) 393 382 382
Assistance for the Independent States of the Former Soviet 556 482 482
Union (FSA)..............................................
Peace Corps............................................... 317 345 345
Inter-American Foundation................................. 18 18 18
African Development Foundation............................ 19 19 19
Millenium Challenge Corporation........................... 1,488 3,000 3,000
International Narcotics Control and Law Enforcement 326 524 524
(INCLE)..................................................
Andean Counterdrug Initiative (ACI)....................... 725 735 735
Nonproliferation, Anti-Terrorism, Demining (NADR)......... 399 440 440
Treasury Technical Assistance............................. 19 20 20
Debt Relief............................................... 99 100 100
International Military Education & Training (IMET)........ 89 87 87
Foreign Military Financing (FMF).......................... 4,745 4,589 4,589
Peacekeeping Operations (PKO)............................. 178 196 196
International Organizations & Programs (IO&P)............. 326 282 282
-----------------------------------------------------
Total............................................... 16,413 18,394 18,394
----------------------------------------------------------------------------------------------------------------
\1\ The administration requested $3.16 billion for international HIV/AIDS, tuberculosis, and malaria programs in
FY2006, a 9 percent increase over the estimated amount to be provided in FY2005. The request included $2.564
billion to be appropriated through the Foreign Operations appropriations and $596 million through
appropriations for the Departments of Labor and Health and Human Services.
This bill authorizes part of this request through the Child Survival and Health (CSH) account which includes the
President's request of $439 million for HIV/AIDS, tuberculosis, and malaria programs. The authorized amount
for the CSH account also includes $100 million for the Global Fund to Fight AIDS, Tuberculosis, and Malaria.
(The President requested $300 million to be appropriated for contributions to the Global Fund; the other $200
million is divided between the Global HIV/AIDS Initiative ($100 million) and NIH/HHS ($100 million). The GHAI
account, for which the President requested $1.87 billion, is not authorized in this bill because it is already
authorized in the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (P.L. 108-
25).
(B) SECTION-BY-SECTION ANALYSIS
TITLE XXI--AUTHORIZATION OF APPROPRIATIONS
Subtitle A--Development Assistance and Related Programs Authorizations
Sec. 2101. Development assistance
This section authorizes the appropriation of $1,103,233,000
for Development Assistance programs in Fiscal Year 2006 and
such sums as may be necessary for fiscal year 2007, including
programs in the agriculture, education, and environment
sectors, as well as the Development Fund for Africa. While this
amount is substantially less than what was appropriated last
year, it reflects, in part, the administration's request that
$275,000,000 that was formerly in the Development Assistance
account be appropriated in the Transition Initiatives account
for Ethiopia, Sudan, Afghanistan, and Haiti. Although there are
various separate accounts in the Foreign Assistance Act
authorizing Development Assistance, funding for those accounts
has been consolidated into this single account and appropriated
in this manner in recent years.
The committee recognizes the important contributions made
to U.S. foreign policy interests by institutions funded by the
American Schools and Hospitals Abroad (ASHA) program. These
ASHA institutions nurture democracy and tolerance by educating
successive generations of leaders who are committed to American
values and who understand the tangible economic, political, and
social benefits that a commitment to democracy produces. Those
institutions which provide health care services and study
endemic diseases also advance American humanitarian goals and
win friends for the United States by addressing pressing public
health problems among the people they serve. At a time when
American values are facing violent challenge abroad, the
committee expects that USAID will take steps to assure
increased support for these institutions.
The committee is concerned by the continuing reductions in
the democracy and governance accounts at USAID, particularly
given the administration's desire to promote democracy, an
objective shared by the committee. The committee believes that
enlarging the community of democratic nations worldwide is
critical to our long-term domestic and foreign policy
objectives.
Sec. 2102. Child survival and health programs fund
This section authorizes the appropriation of $1,251,500,000
for child survival, health, and family planning programs for
fiscal year 2006 and such sums as may be necessary for fiscal
year 2007. While this amount is substantially less than what
was appropriated last year, it reflects, in part, the
administration's request that $170,000,000 that previously was
appropriated in this account be appropriated in the Global HIV/
AIDS Initiative account for the 15 focus countries of the
President's Emergency Plan for AIDS Relief. This account
provides funding for a variety of accounts that are separately
authorized in the Foreign Assistance Act but have been
appropriated out of this single account in recent years.
Sec. 2103. Development credit authority
This section amends the Foreign Assistance Act to provide
the President authority to provide assistance in the form of
loans and partial loan guarantees to private lenders in
developing countries to achieve economic development purposes.
Authority for this program has been included in appropriations
acts over the past several years. This section also provides
that not more than $21,000,000 of funds available for the
purposes of economic assistance under the Foreign Assistance
Act and for assistance under the Support for Eastern European
Democracy Act in fiscal year 2006 and such sums as may be
necessary for fiscal year 2007 may be transferred for use under
this section. It further authorizes the appropriation of
$8,000,000 for administrative expenses to carry out this
section for fiscal Year 2006 and such sums as may be necessary
for fiscal year 2007.
This section contains provisions designed to limit the
financial risk to the United States under this program, similar
to limitations that have been applied under the authority
contained in annual appropriations acts. Specifically, these
provisions limit the exposure of the United States to 70
percent of the risk of any one project, and the amount of loans
made or guaranteed, with respect to any single country or
borrower, to $100,000,000. The latter limitation is consistent
with current law. The former limitation is derived from a USAID
regulation now in place for this program, which limits U.S.
Government's share of the risk to 50 percent, unless the Chief
Financial Officer of the Agency approves a higher level of
risk.
Sec. 2104. Program to provide technical assistance to foreign
governments and foreign central banks of developing or
transitional countries
This section authorizes the appropriation of $20,000,000
for fiscal year 2006 and such sums as may be necessary for
fiscal year 2007 for the Department of the Treasury's program
to provide technical assistance to foreign governments and
foreign central banks in developing or transitional countries.
Sec. 2105. International organizations and programs
This section authorizes the appropriation of $281,908,000
for fiscal year 2006 and such sums as may be necessary for
fiscal year 2007 for voluntary contributions to international
organizations and programs.
Sec. 2106. Continued availability of certain funds withheld from
international organizations
This section amends Section 307 of the Foreign Assistance
Act to add a new subsection. Under that section, certain
voluntary U.S. contributions to international organizations are
withheld; these are the proportionate U.S. share of programs in
certain countries. Section 2106 extends the availability of
such funds until the end of the following fiscal year for which
such funds were appropriated.
Sec. 2107. International disaster and famine assistance
This section authorizes the appropriation of $655,500,000
for fiscal year 2006 and such sums as may be necessary for
fiscal year 2007 for international disaster and famine
assistance.
Sec. 2108. Transition initiatives
This section authorizes the appropriation of $325,000,000
for fiscal year 2006 and such sums as may be necessary for 2007
for the Transition Initiatives Program administered by USAID,
including assistance to develop, strengthen and preserve
democratic institutions and processes, revitalize basic
infrastructure, and foster the peaceful resolution of conflict.
This amount reflects the administration's request that
$275,000,000 that was formerly appropriated in the Development
Assistance account be appropriated in this account for
Ethiopia, Sudan, Afghanistan, and Haiti. Although this program
is not currently authorized in the Foreign Assistance Act,
funds have been appropriated for this activity since 1994 when
USAID established the Office of Transition Initiatives and it
is therefore appropriate to authorize in this bill.
Sec. 2109. Assistance for the Independent States of the Former Soviet
Union
This section authorizes the appropriation of $482,000,000
for fiscal year 2006 and such sums as may be necessary for
fiscal year 2007 for programs in the Freedom Support Act (FSA)
account for the Independent States of the former Soviet Union,
the level requested by the President. This request is
$74,000,000 below the Fiscal Year 2005 level for this account
and substantially lower than the FY04 request.
The committee expresses concern about continued reductions
to the Freedom Support Act. The committee urges the
Administration to consider the harm its proposed cuts in
funding assistance could have on U.S. interest in stability,
democracy and market reform in the Independent States.
The U.S. Agency for International Development has funded a
pilot program in Ukraine to establish a national birth defects
surveillance system, and a folic acid wheat flour fortification
program to prevent spina bifida and other serious birth
defects. It is scientifically proven that folic acid
fortification of flour, as practiced in the United States and
many other countries, can prevent nearly 80 percent of
instances of spina bifida and serious birth defects, and lower
blood levels of homocysteine, a risk factor for heart disease.
Important scientific research and institutional administrative
relationships have been established with Ukrainian officials
and counterparts in other states of the former Soviet Union. A
number of officials in former Soviet governments have expressed
a desire to participate in a multi-country program modeled on
the Ukrainian pilot program. The committee believes that the
Ukrainian pilot program should be rapidly and cost effectively
expanded in Ukraine and into other states of the former Soviet
Union focused on reducing the occurrence of serious birth
defects.
Sec. 2110. Assistance for Eastern Europe and the Baltic States
This section authorizes the appropriation of $382,000,000
for fiscal year 2006 and such sums as may be necessary for
fiscal year 2007 for the Support for Eastern Europe Democracies
(SEED) account, the level requested by the President. This
request is $11,000,000 below the Fiscal Year 2005 level for
this account and substantially lower than previous years.
The committee expresses concern about continued reductions
to the SEED account. The committee believes this account funds
programs that are critical to sustaining South East Europe's
transition to democracy, market economies, and regional
stability.
Sec. 2111. Operating expenses of the United States Agency for
International Development
This section authorizes the appropriation of $680,735,000
for fiscal year 2006 and such sums as may be necessary for
fiscal year 2007 for the operating expenses of the United
States Agency for International Development. In addition,
$36,000,000 is authorized to be appropriated for costs of the
Office of Inspector General of the Agency for fiscal year 2006
and such sums as may be necessary for fiscal year 2007.
Sec. 2112. Capital Investment Funds for USAID
This section authorizes the appropriation of $77,700,000
for fiscal year 2006 and such sums as may be necessary for
fiscal year 2007 for overseas construction and related costs
and for enhancement of information technology and related
investments at the U.S. Agency for International Development.
Sec. 2113. Millennium Challenge assistance
This section authorizes the appropriation of $3,000,000,000
for the Millennium Challenge Account for fiscal year 2006 and
such sums as may be necessary for fiscal year 2007.
Sec. 2114. Debt relief
This section authorizes the appropriation of $99,750,000
for fiscal years 2006 and 2007 for debt relief under the
Tropical Forest Conservation Act of 1998, poorest country debt
reduction, bilateral Heavily Indebted Poor Countries (HIPC)
debt reduction, and the HIPC Trust Fund administered by the
International Bank for Reconstruction and Development.
The international community's approach to treating the debt
of the poorest countries with debt servicing problems has
evolved substantially in the last decade. It culminated in 1999
with the Enhanced HIPC Initiative, which was launched to
provide deeper, broader, and faster debt reduction for the
poorest heavily indebted countries committed to economic reform
and poverty reduction. The HIPC Trust Fund allows regional
development banks and other multilateral institutions to meet
the costs of providing debt reduction to heavily indebted poor
countries committed to economic, social and governance reforms.
Official bilateral creditors contribute to the HIPC trust as
well as reduce their bilateral claims.
The Tropical Forest Conservation Act (TFCA) which was
enacted in 1998 to offer eligible developing countries options
to relieve certain official debt owed to the U.S. while at the
same time generating funds to support local tropical forest
conservation activities. A TFCA agreement can be structured as
a debt reduction, a debt buyback, or a debt-for-nature swap.
Local currency funds generated by a TFCA agreement may be used
for a broad variety of in-country forest conservation
activities, including forest restoration, implementation of
sound natural resource management systems, establishment and
maintenance of parks and protected areas, training in
conservation management, protection of animal and plant
species, research on medicinal uses of tropical forest plants,
and development and support of the livelihoods of people and
local communities in or near a tropical forest.
Sec. 2115. Peace Corps
This section authorizes the appropriation of $345,000,000
for fiscal year 2006 and such sums as may be necessary for
fiscal year 2007 for the Peace Corps.
Sec. 2116. Middle East Partnership Initiative
The committee strongly supports modernization and reform
efforts in the Middle East and North Africa through the Middle
East Partnership Initiative. This section outlines the purposes
authorized for assistance under the Middle East Partnership
Initiative, including: help in achieving broad-based, multi-
ethnic, gender-sensitive, and fully representative governments;
modernizing institutions and infrastructure to meet political,
educational, health and economic needs; filling the gaps
identified in the Arab Development Reports of 2002 and 2003;
and support of economic development to create jobs, educating
and training women in the labor force, enhance health care; and
creating an environment which encourages investment in the
region. The committee authorizes the use of $120,000,000 in
Economic Support Funds for the Middle East Partnership
Initiative programs and activities. Finally, to facilitate
Congressional oversight, this section also requires the
Secretary of State to provide a report on the Middle East
Partnership Initiative to appropriate Congressional committees
180 days after the date of enactment of the Act, and annually
thereafter.
The committee recognizes that foreign assistance to
countries of the Middle East and North Africa for these same
purposes, i.e., political reform, economic reform, educational
reform and women's empowerment, should be considered part of a
coordinated, coherent, integrated strategy to meet U.S. foreign
policy objectives. The committee urges the administration to
establish a coordinating mechanism for related assistance
programs under this Act with the Middle East Partnership
Initiative to prevent duplication and ensure effective use of
assistance resources.
Sec. 2117. Assistance to combat the avian flu
This section authorizes $25,000,000 in International Famine
and Disaster Assistance to prevent and respond to a possible
outbreak of the avian flu, which is one-fourth of the
$100,000,000 called for by the World Health Organization in
February 2005. The committee notes that these authorized funds
are in addition to what the U.S. government is already spending
on programs to combat the avian flu.
This section also directs the formation of a senior-level,
inter-agency task force, composed of the Assistant Secretaries
of State, Agriculture, Health and Human Services, and other
appropriate officials, to coordinate U.S. policy toward
combating the avian flu. The committee is concerned that a
possible outbreak of the avian flu could impact millions of
people worldwide.
Subtitle B--Counternarcotics, Security Assistance, and Related Programs
Authorizations
Sec. 2121. International narcotics control and law enforcement
Subsection (a) of this section authorizes the appropriation
of $1,258,374,000 for fiscal year 2006, of which $734,500,000
is authorized to be appropriated for the Andean Counterdrug
Initiative, and such sums as may be necessary for fiscal year
2007 for international narcotics control and law enforcement
assistance.
Subsection (b) restates current law by permitting funds
under this section to be provided for assistance to the
Government of Colombia and used, notwithstanding any other
provision of law, to support a unified campaign against
narcotics trafficking and terrorist activities, and to take
actions to protect human health and welfare in emergency
circumstances. The provision maintains the ceiling of 800
military personnel and 600 U.S. civilian contractors. This
precludes their participation in any combat operation in
connection with such assistance. It also continues conditions
on assistance with respect to the Government of Colombia's
human rights practices which are currently in effect for fiscal
year 2005.
The committee notes its interest in supporting, through
funding, a program to implement the demobilization of AUC
paramilitary combatants, and that such a process be conducted
pursuant to a comprehensive legal framework, as determined by
Colombians through good faith negotiations with the Colombian
Congress. If the United States is to fund a significant share
of the demobilization program, however, it should meet certain
minimal standards. The committee believes it imperative that
any demobilization program bring about the full dismantlement
of the underlying structure, illegal sources of financing, and
economic power of the AUC, which have been designated by the
United States as a Foreign Terrorist Organization (FTO). In
this regard, the committee believes it is crucial that each
paramilitary seeking sentence reductions or other benefits from
demobilization be required to forfeit illegally acquired
assets, confess past crimes, and fully disclose any knowledge
of the operative structure, financing sources, and the criminal
activities of the FTO and its individual members. Each
demobilized AUC member's benefits should be fully revocable if
judicial authorities find that he has failed to fulfill these
requirements.
The committee believes it is critical that the groups of
AUC leaders who receive sentence reductions or other benefits
fully demobilize and comply with the cease-fire. The committee
also believes that all perpetrators of atrocities must serve a
minimum number of years in prison for their crimes. The
committee urges the Government of Colombia to put in place
effective mechanisms to monitor demobilized individuals to
prevent them from continuing to engage in organized criminal
activity. Finally, the committee urges the Government of
Colombia to devise a legal framework that can be equally
applicable to other FTOs in Colombia, such as the FARC.
The committee notes its interest in supporting a program to
sustain effective and responsible counter-narcotics activities
in Afghanistan, and that such activities be conducted pursuant
to a comprehensive strategy that is determined by consultation
and good faith negotiations with the Afghan government. The
committee believes it important that the five-pillar strategy,
currently employed, continue to be measured and appropriate to
the political and social conditions of this fragile state as it
transitions to a more stable country. In this regard the
committee feels that it is crucial that any aerial eradication
plan be endorsed by the government of Afghanistan. The
committee further believes capacity-building of Afghan
institutions is essential and that the strategy to counter the
narcotics trade and trafficking must be sustainable by the
Afghans themselves over the long term.
Sec. 2122. Economic Support Fund
This section authorizes the appropriation of $3,036,375,000
for fiscal year 2006 and such sums as may be necessary for
fiscal year 2007 for Economic Support Fund (ESF) programs. ESF
is also provided to support the Middle East peace process,
including the administration's efforts to make progress under
the Road Map. The committee notes the time sensitivity of this
assistance and urges the Administration to seize the
opportunity presented by new leadership of the Palestinian
Authority and use resources available quickly to support
political, economic and security reforms of the Palestinian
Authority.
Subsection (b) amends the Security Assistance Act of 2000
to authorize ESF assistance to continue strong support for
Israel's economic and political stability and to redress the
economic impact of Israel's isolation in the volatile Middle
East region. This assistance contributes to Israel's economic
growth, enhances Israel's ability to repay its debt to the
United States and opens new investment opportunities for U.S.
investment and exports.
Subsection (c) amends the Security Assistance Act of 2000
to authorize ESF assistance to continue strong support for
stability and prosperity in Egypt. ESF is designed to
invigorate economic development and foster economic, political
and social reforms, alleviate poverty, and support development
of civil society and democratic institutions and bolster public
health services.
Sec. 2123. International Military Education and Training
This section authorizes the appropriation of $86,744,000
for fiscal year 2006 and such sums as may be necessary for
fiscal year 2007 for International Military Education and
Training programs. This section recommends that $2 million in
International Military and Education Training should be made
available to Greece in 2006 and 2007.
Subsection (b) authorizes the use of these funds for
training personnel of international organizations.
Sec. 2124. Peacekeeping Operations
This section authorizes the appropriation for fiscal year
2006 of $195,800,000 and such sums as may be necessary for
fiscal year 2007 for voluntary Peacekeeping Operations
programs.
Sec. 2125. Nonproliferation, Anti-terrorism, Demining, and Related
programs
This section authorizes $440,100,000 for fiscal year 2006,
which reflects the President's request, and such sums as may be
necessary for fiscal year 2007 for the NADR account.
The committee notes that while these funds represent an
increase of 10 percent over the fiscal year 2005 appropriated
level, they leave key nonproliferation programs underfunded.
The Nonproliferation of WMD Expertise program has not been
given the funds needed to execute its program in Iraq under the
Iraqi International Center for Science and Industry or to
pursue fully the Bio-Industry Initiative, as the Department of
State acknowledges in its budget submission. The committee
would support increases over the requested fiscal year 2006
level for these and other international nonproliferation
activities.
Sec. 2126. Foreign Military Financing Program
Subsection (a) of this section authorizes the appropriation
of $4,588,600,000 for fiscal year 2006 and such sums as may be
necessary for fiscal year 2007 for Foreign Military Financing
programs.
Subsection (b) amends the Security Assistance Act of 2000
to authorize the appropriation for fiscal years 2006 and 2007
of FMF assistance for Israel, to require rapid disbursement of
that assistance, and to increase the level of offshore
procurement allowable with FMF funds made available in fiscal
year 2006 for Israel.
Subsection (c) amends the Security Assistance Act of 2000
to authorize FMF assistance for Egypt and continues the
requirement to disburse such assistance for Egypt to an
interest-bearing account.
Subtitle C--Independent Agencies Authorizations
Sec. 2131. Inter-American Foundation
This section authorizes the appropriation of $17,826,000
for fiscal year 2006 and such sums as may be necessary for
fiscal year 2007 for the Inter-American Foundation.
Sec. 2132. African Development Foundation
This section authorizes the appropriation of $18,850,000
for fiscal year 2006 and such sums as may be necessary for
fiscal year 2007 for the African Development Foundation.
TITLE XXII--AMENDMENTS TO GENERAL FOREIGN ASSISTANCE AUTHORITIES
Subtitle A--Foreign Assistance Act Amendments and Related Provisions
Sec. 2201. Development Policy
This section amends the Foreign Assistance Act's Statement
of Development Assistance Policy to recognize the importance of
public-private partnerships in maximizing resources available
for foreign assistance activities.
Sec. 2202. Assistance for nongovernmental organizations
This section amends the Foreign Assistance Act to make
permanent an authority that has been contained for a number of
years in annual foreign assistance appropriations and which is
similar to the current Section 123(e) of the Foreign Assistance
Act.
New subsection (e)(1) states that restrictions on
assistance to a country are not to be construed to bar
assistance to that country that is provided through non-
governmental organizations using funds provided for development
assistance, assistance for Eastern Europe and the former Soviet
States, and Economic Support Fund assistance.
New subsection (e)(2) requires notification to the relevant
committees 15 days in advance of the obligation of funds
pursuant to this authority.
New subsection (e)(3) clarifies that this authority may not
be used to furnish assistance through non-governmental
organizations to the central government of a country. Although
prohibitions on assistance to the government of a country
normally would apply to all levels of government in a country,
this provision makes it clear that for purposes of the
authority provided in this subsection, assistance through non-
governmental organizations could be provided to levels of
government below the national level.
Consistent with the interpretation and application of
similar provisions of law in the past, this provision would
permit an NGO to use government facilities, resources, and
personnel in the implementation of the NGO's program. For
example, government warehousing or cold storage facilities,
medical facilities, and medical personnel, could be used by an
NGO in support of the NGO's immunization program. However,
decisions on how to implement such a program, including where
the program is to be conducted, must be the decision of the
NGO. Except in this and similar cases where benefits from an
NGO program are only incidentally conferred on the government
of a country, assistance making use of the authority provided
by this section cannot be used to provide assistance to the
central government of a country otherwise prohibited from
receiving assistance.
Sec. 2203. Authority for use of funds for unanticipated contingencies
This section amends section 451 of the Foreign Assistance
Act to permit this authority to be applied to the use of
funding made available to carry out the Arms Export Control
Act, and to raise the annual ceiling on the use of this
authority from $25,000,000 to $50,000,000.
Sec. 2204. Authority to accept lethal excess property
This section amends section 482(g) of the Foreign
Assistance Act to permit the Secretary of State to receive
lethal excess property from other agencies of the U.S.
Government for the purpose of providing such property to
foreign governments. A similar provision has been contained in
appropriations acts. Currently, this authority is limited to
non-lethal excess property. This section also requires the
Secretary to notify the Congress before obligating funds to
obtain excess lethal property under this section.
Sec. 2205. Reconstruction and famine assistance under International
Disaster Assistance Authority
This section amends section 491 of the Foreign Assistance
Act to make clear that the authority in that section may be
used to respond to famine, as well as other natural and manmade
disasters and may be used to provide for reconstruction of
countries affected by such crises. This section also amends the
title of the account.
Sec. 2206. Funding authorities for assistance for the Independent
States of the Former Soviet Union
This section amends the Foreign Assistance Act to make
permanent the authorities applicable to provision of assistance
that are contained in that Act. Appropriations acts since the
inception of the program for the independent states of the
former Soviet Union have continued these authorities.
Sec. 2207. Waiver of net proceeds resulting from disposal of United
States defense articles provided to a foreign country on a
grant basis
This section amends section 505(f) of the Foreign
Assistance Act to broaden the existing authority of the
President to waive the requirement that net proceeds resulting
from the disposal of defense articles provided to a foreign
country on a grant basis be paid to the United States. Existing
law limits the waiver authority to items delivered before 1985.
Sec. 2208. Additions to United States War Reserve Stockpiles for fiscal
years 2006 and 2007
This section extends through fiscal year 2007 the
President's authority to transfer excess items to the
Department of Defense War Reserve Stockpile.
Sec. 2209. Restrictions on economic support funds for Lebanon
This section amends section 1224 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (P.L. 107-228), to permit
assistance to address the needs of southern Lebanon. The
committee notes that such assistance will be provided to non-
governmental organizations that promote democracy and economic
development. Given scarce water resources and critical water
management issues in the region, water projects in southern
Lebanon can help defuse Lebanese-Israeli tensions in the
region. Changes are occurring in Lebanon's government thus the
committee urges review of Lebanon's assistance requirements
during this fiscal year.
Sec. 2210. Administration of Justice
This section amends section 534 of the Foreign Assistance
Act to provide for the continuation of the Administration of
Justice program on a worldwide basis. The amendment deletes the
sunset provision and the overall funding ceiling. The
amendments made by this section conform the Administration of
Justice authority to that provided in appropriations acts for
many years.
Sec. 2211. Demining programs
Subsection (a) amends section 551 of the Foreign Assistance
Act to make it clear that, in accordance with previous
interpretations of the Peacekeeping program's statutory
authorities, the program may include demining activities.
Subsection (b) continues and makes permanent an authority
contained in prior year appropriations acts to allow the
Department of State and USAID to dispose of demining equipment
on a grant basis in foreign countries.
Subsection (c) highlights the concern regarding the
continuing problems posed to children by mines and unexploded
ordnance in Afghanistan and other affected areas. It authorizes
funds to be used to educate children about the hazards posed by
mines and unexploded ordnance. The committee is particularly
aware of the challenges that demining and ordnance disposal
pose for the nascent national government and ongoing operations
in that country. The committee takes note of a new Non
Governmental Organization, ``No Strings,'' which is proposing
to use theater and puppetry to provide life-saving education
about landmines to children in Afghanistan.
Sec. 2212. Special waiver authority
This section amends section 614 of the Foreign Assistance
Act by updating authorities and funding limitations in that
section.
New subsection (a)(1) provides that the authority of
section 614 may be used to waive provisions of law that limit
the President's ability to authorize assistance under the
authority of the Foreign Assistance Act, the Arms Export
Control Act, and any Act authorizing or appropriating foreign
assistance funds without regard to the provisions of law cited
in subsection (b), as revised by this section. The standards
used to allow the provision of both economic and military
assistance are the same as current law. The provision also
increases one of the annual country limitations.
New subsection (b) lists the provisions of law that may be
waived. In addition to provisions contained in foreign
assistance authorization and appropriations acts, provisions of
law contained in other legislation that limit the provision of
assistance under those acts may also be waived under the
authority of this section.
The requirements for prior consultation with the
appropriate committees of the Congress and submission of a
written policy justification before the President may exercise
the authority contained in section 614 remain unchanged.
Sec. 2213. Prohibition of assistance for countries in default
This section amends section 620(q) of the Foreign
Assistance Act to clarify that the restriction of aid is
applicable only to governments. In addition, it amends the
period of default (from 6 months to 12 months) that results in
a cutoff of assistance under the Foreign Assistance Act.
Sec. 2214. Military coups
This section amends the Foreign Assistance Act to prohibit
assistance to a country if the duly elected head of government
of such country is deposed by decree or military coup. Similar
restrictions have been included in appropriations acts since
1986. Exempted from this restriction is assistance to promote
democratic elections, and a presidential waiver would permit
assistance upon a determination that such assistance is
important to the national security interest of the United
States.
Sec. 2215. Designation of position for which appointee is nominated
This section requires the President to designate the
particular position within the Agency for International
Development for which any individual is being nominated.
Sec. 2216. Exceptions to requirement for congressional notification of
program changes
This section amends section 634A(b) of the Foreign
Assistance Act to conform to provisions contained for a number
of years in annual foreign assistance appropriations acts. New
subsection (b)(3) provides an exception to prior notification
in the case of substantial risk to human health or welfare, but
continues the requirement to notify no later than 3 days after
the obligation of funds. New subsection (b)(4) contains a de
minimis threshold for reprogramming under the Arms Export
Control Act that has been included for a number of years in
appropriations acts.
Sec. 2217. Commitments for expenditures of funds
This section amends section 635(h) of the Foreign
Assistance Act to allow contracts or agreements which entail
the commitment or expenditure of funds made available under the
Foreign Assistance Act to be extended at any time for not more
than five years. Under current law, this authority is limited
only to certain accounts.
Sec. 2218. Alternative dispute resolution
This section amends section 635(i) of the Foreign
Assistance Act to expand the current arbitration and claims
settlement authority for investment guarantee operations to
also cover claims arising from other activities carried out
under the Act, which could include claims under contracts,
grants, cooperative agreements, credit agreements, personal
services contracts, and other arrangements and agreements. It
also adds a specific authority for alternative dispute
resolution.
Sec. 2219. Administrative authorities
This section amends and updates certain administrative
authorities contained in section 636 of the Foreign Assistance
Act.
Section 636(a)(5) is amended to allow the procurement of
passenger motor vehicles without various restrictions in
current law, most of which are not possible to administer
across agencies using this authority.
Section 636(a)(10) is amended to delete the 10 year
limitation on leases, thereby providing the ability to obtain
the most favorable lease terms under long-term leases.
Section 636(c) is amended to strike the $6,000,000
limitation on the acquisition or construction of living and
office space overseas for U.S. Government personnel.
Section 636(d) is amended to strike the $2,500,000
limitation on the provision of assistance for schools for
dependents of U.S. Government personnel.
Sec. 2220. Assistance for law enforcement forces
This section amends section 660 of the Foreign Assistance
Act of 1961.
Paragraph (1) amends subsection (b)(6), consistent with
current law, to make it clear that the authority of this
paragraph may be used in cases where instability has occurred
at the sub-national level.
Paragraph (1) further amends subsection (b) to add
exceptions to the prohibition on assistance for law enforcement
forces. New paragraph (8) permits the provision of assistance
to combat corruption consistent with the objectives of section
133 of the Foreign Assistance Act. New paragraph (9) is the
same as current law but is included as a separate paragraph to
make it clear that the authority to provide human rights, rule
of law, and other training is not limited to post-conflict
situations. New paragraph (10) is an authority related to
assistance to combat trafficking in persons. New paragraph (11)
permits the provision of assistance for constabularies and
gendarmes.
Paragraph (2) amends section 660 to provide the President
with the authority to waive the limitations of this section on
a case-by-case basis if the President determines that it is
important to the national interest to do so. It is anticipated
that this authority will be exercised by the Secretary of State
under appropriate delegations of authority. The obligation of
funds pursuant to such a waiver is subject to prior
notification of the appropriate congressional committees under
section 634A of the Foreign Assistance Act.
Sec. 2221. Special debt relief for the poorest countries
This section amends the Foreign Assistance Act by adding a
new Part VI. This part authorizes the President to forgive
certain debts owed by the poorest countries to the United
States. The exercise of this authority is subject to, among
other things, the prior appropriation of funds for this purpose
and prior notification of the appropriate congressional
committees in accordance with section 634A of the Foreign
Assistance Act. The authority is similar to authority
previously enacted in foreign assistance appropriations acts.
Sec. 2222. Congo Basin Forest Partnership
This section contains findings and expresses the Sense of
the Congress in support of the Congo Basin Forest Partnership,
the largest conservation effort currently undertaken by the
U.S. Government in Africa. It affirms U.S. support of the Congo
Basin Forest Partnership because the forests and wildlife of
the Congo Basin are of global significance, because the forests
are a major factor in the social, economic and environmental
health of Congo Basin countries, and because of the impressive
structure of cooperation between governments, NGOs and the
private sector operating in the region. It further identifies
the Congo Basin Forest Partnership as an initiative that fully
recognizes the integral and equal nature of economic
development, social development and environmental protection in
the quest for sustainable development.
The purpose of this section is to encourage the
administration to capitalize on the strong cooperation and
momentum of state governments, international organizations and
non-governmental organizations in protecting the region's
essential natural resources while also addressing other
challenging development issues in the region.
Sec. 2223. Landmine clearance programs
This section provides the Secretary of State authority to
support public-private partnerships for landmine clearance
programs through grant or cooperative agreement.
Sec. 2224. Middle East Foundation
The committee has authorized the establishment of a Middle
East Foundation funded through the Middle East Partnership
Initiative. The committee seeks to contribute to efforts to
bring democratic and economic reforms to the Middle East and
North Africa region and has authorized the Secretary of State
to designate an appropriate private, non-profit organization as
the Middle East Foundation.
The purposes of this assistance are to support civil
society, political participation, women's rights, educational
reform, human rights, independent media, economic reform, the
rule of law and other democratic development in the Middle
East, and North Africa through grants, technical assistance,
training and other measures. The Secretary may also make a
grant to an institution of higher education in the Middle East
and North Africa region to create a Center for Public Policy to
permit scholars and professionals from the Middle East, North
Africa, and other countries, including the United States, to
carry out research, training programs and other activities to
inform public policy making in the Middle East and North Africa
promote broad economic, social and political reforms. The
committee notes this section also provides for reporting,
financial accountability and oversight measures of such a
Foundation.
The committee encourages the Department of State to invite
international participation in the Foundation. The committee
also encourages the Department of State to consider activities
in countries with struggling movements for reform and
democracy. The committee expects that prior to providing any
funding to the Foundation the administration will ensure that
the Foundation has in place a system for vetting potential
grantees to reduce the risk of funding activities that are
contrary to the national interests of the United States. The
committee expects to work closely with the Department of State
as such a Foundation establishes operations.
Sec. 2225. Database of United States military assistance
The Foreign Relations Authorization Act, Fiscal Years 2000
and 2001 (P.L. 106-113) first established the requirement that
the annual U.S. military assistance report required under
Section 655 of the Foreign Assistance Act of 1961 be made
available to the public on the Internet. In the years since,
the State Department has complied with this requirement;
however, the current report is posted on the Internet only in a
PDF document, thus making it difficult for users to manipulate
the data in any meaningful fashion. For example, users are not
able to cumulate data over time and across countries and
different munitions categories.
In an effort to make the Section 655 report more user-
friendly, this section requires the State Department to
establish an Internet-accessible, interactive database,
consisting of all the unclassified information currently
available in the printed report. The database would be
searchable by various criteria. Such criteria could include,
among others, the recipient country, the United States
Munitions List category of article or service provided, and the
year of the sale or grant. With such a database, interested
parties from academia, non-governmental organizations, the
defense industry, and the Congress could access immediately
cumulative data, cross-referenced among several categories.
Because the Department already organizes the data in the
Section 655 report through electronic processing, no new data
collection will be required.
Sec. 2226. Millennium Challenge assistance for certain countries
This section makes permanent a provision of the Millennium
Challenge Account (MCA) legislation authorizing up to 10
percent of MCA funding to assist countries that initially fail
to meet the requirements for eligibility, including by reason
of the absence or unreliability of data.
Subtitle B--Arms Export Control Act Amendments and Related Provisions
Sec. 2231. Thresholds for advance notice to Congress of sales or
upgrades of defense articles, design and constructions
services, and major defense equipment
This section raises the minimum dollar thresholds at which
sales of certain defense articles, design and construction
services, and major defense articles (or upgrades of such
sales) must be reported to the Congress under Section 36 of the
Arms Export Control Act.
This section raises the level of notification thresholds
from $14,000,000 to $50,000,000 for major defense equipment,
from $50,000,000 to $100,000,000 for defense articles and
defense services, and from $200,000,000 to $350,000,000 for
design and construction.
This section also allows for notification of additional
cases ``if the President determines it is appropriate.''
The committee understands that the executive branch is
prepared to provide the committee informal notice of planned
arms transfers above existing dollar thresholds (but below the
new thresholds under this section) and to submit formal
notification under Section 36 of the Arms Export Control Act
for certain transfers if requested by the chairman or ranking
member. The committee expects that an exchange of letters will
be used to specify the State Department's commitment in this
regard before this section is enacted.
Sec. 2232. Clarification of requirement for advance notice to Congress
of comprehensive export authorizations
This section requires the President to make certifications
to the Congress under Section 36(c)(1) of the Arms Export
Control Act before issuing comprehensive authorizations under
Section 126.14 of the International Traffic in Arms Regulations
(ITAR) for the export of defense articles or defense services
to an eligible foreign country or foreign partner.
Sec. 2233. Authority to Provide Cataloging Data and Services to Non-
NATO Countries
This section authorizes the President to provide cataloging
data and services to non-NATO countries on a reciprocal basis.
Currently, authority exists only to provide such data and
services to NATO and to NATO-member governments.
Sec. 2234. Freedom Support Act permanent waiver authority
This section provides a permanent annual waiver authority
with respect to the requirements of Section 502 of the Freedom
Support Act (P.L. 102-511). Section 1306 of the National
Defense Authorization Act for Fiscal Year 2003 (P.L. 107-314)
provided authorization for an annual waiver only for fiscal
years 2003 through 2005. This permanent authority to exercise a
waiver would ensure continuity for program planning purposes.
Sec. 2235. Extension of Pakistan waivers
This section extends the authority contained in previous
legislation (P.L. 107-57) to make inapplicable through fiscal
year 2006 foreign assistance restrictions relating to coups and
loan defaults with respect to Pakistan.
Sec. 2236. Consolidation of reports on non-proliferation in South Asia
This section requires that the annual report on
nonproliferation in South Asia to be submitted by April 1,
2006, pursuant to Section 620F(c) of the Foreign Assistance Act
of 1961, include a description of the efforts of the United
States Government to achieve objectives on nuclear and missile
nonproliferation in the region, as described in Section 1601 of
the Foreign Relations Authorization Act Fiscal Year 2003, the
progress made toward achieving such objectives, and the
likelihood that such jectives will be achieved by September 30,
2006. This avoids the need for a separate report on those
efforts, which was required in 2003.
Sec. 2237. Haitian Coast Guard
This section grants eligibility to the Government of Haiti
for the purchase of defense articles and services for the
Haitian Coast Guard under the Arms Export Control Act subject
to existing notification requirements.
Sec. 2238. Requirement for the provision of certain assistance to
Indonesia
The committee recognizes the importance of continued
cooperation between U.S. and Indonesian authorities in the
investigation of the August 31, 2002 murders of U.S. and
Indonesian citizens that occurred in Timika. The committee
notes that while the United States government has issued one
indictment in the case, the government of Indonesia has neither
indicted nor arrested anyone in connection with the Timika
murders. The committee intends to continue following closely
the investigation and anticipates that the degree of
cooperation reflected by the report will inform the decisions
taken by the Administration regarding steps to broaden and
deepen U.S.-Indonesian relations.
TITLE XXIII--RADIOLOGICAL TERRORISM SECURITY
This title requires the Secretary to submit a report within
180 days after the enactment of this title (and on an annual
basis thereafter) detailing the preparations made at U.S.
diplomatic missions abroad to detect and mitigate such an
attack, listing improvements for radiological safety and
consequence management at those missions, and providing a rank-
ordered list of the missions where such improvements are the
most critical. As part of this report the Secretary is required
to submit a budget request to carry out these improvements.
Furthermore, this title provides authority to the Secretary of
State to develop, through U.S. contributions to and in
coordination with the IAEA, foreign first-responder plans and
training to implement them.
TITLE XXIV--GLOBAL PATHOGEN SURVEILLANCE
In January 2001, the National Intelligence Council released
a National Intelligence Estimate entitled, ``The Biological
Warfare Threat.'' The report not only points to the growing
biological warfare capabilities of state and non-state actors
but, more importantly, highlights the similar patterns and
symptoms of a deliberately initiated disease outbreak and a
naturally occurring outbreak. Once an outbreak is detected and
begins to spread, it is very difficult to distinguish between a
deliberate versus a natural disease outbreak. Furthermore, both
are potentially devastating to human, animal, and plant life,
as well as economically costly. Epidemiologists and public
health experts rely on similar tools to help prevent, detect,
and contain both intentional and naturally occurring disease
outbreaks.
The threat of bioterrorism poses significant challenges not
only for the United States, but for the entire world. It is
difficult to protect our nation's health alone in an age of
unprecedented air travel and international trade, as infectious
pathogens are transported across borders each day. The global
outbreak in 2003 of severe acute respiratory syndrome, or SARS,
is an unfortunate reminder of this vulnerability. So is the
current situation regarding avian flu, which could yet become a
worldwide epidemic.
Infectious disease outbreaks are transnational threats and
the defense of our homeland is not an isolated activity.
Rather, it requires a comprehensive strategy, including a
critical international component. Whether intentional or
natural, infectious diseases do not recognize the boundaries
set by national borders.
The committee held a hearing regarding the threat of
bioterrorism and the spread of infectious diseases on September
5, 2001. Witnesses included former Senator Sam Nunn, Dr. Donald
A. Henderson of Johns Hopkins University (later a scientific
advisor to the White House and the Department of Health and
Human Services), and Dr. David L. Heymann, Executive Director
for Communicable Diseases at the World Health Organization. At
a March 18, 2002, hearing on the chemical and biological
weapons threat, Dr. Alan P. Zelicoff, Senior Scientist at
Sandia National Laboratories, testified on the role of
syndromic surveillance in bioterrorism prevention.
Developing nations represent one of the weak links in a
comprehensive global surveillance and monitoring network.
Unfortunately, naturally occurring disease outbreaks are most
likely to occur in these areas where poor sanitary conditions,
poverty, and a weak medical infrastructure combine to offer
ideal breeding grounds for pathogens. In addition, some
developing countries border rogue states or states that offer
sanctuaries for international terrorist groups, where there is
documented interest in biological agents.
This title seeks to enhance the capability of the
international community to detect, identify, and contain
infectious disease outbreaks, whether the cause of those
outbreaks is intentional or natural in origin. The primary
authority for implementation of the bill's provisions is vested
in the Department of State, but the committee expects that the
Department of Health and Human Services will also play a
critical role, including consultation to the greatest extent
possible.
Sec. 2404. Priority for certain countries
Section 2404 requires that priority in allocating
assistance under the provisions of this bill be given to those
eligible developing countries that permit personnel from the
World Health Organization (WHO) and the Centers for Disease
Control and Prevention (CDC) to investigate infectious disease
outbreaks on their territory, provide early notification of
such outbreaks, and share pathogen surveillance data with
appropriate U.S. Governmental entities and international health
organizations.
Sec. 2405. Restriction
Section 2405 restricts access that foreign nationals
participating in programs authorized under this Act may gain to
select agents that may be used as, or in, a biological weapon,
except in a supervised and controlled setting.
Sec. 2406. Fellowship Program
Section 2406 authorizes the Secretary of State to award
fellowships to eligible nationals of developing countries to
pursue a master of public health degree or advanced public
health training in epidemiology. These programs not only impart
technical skills utilizing state-of-the-art technology, but
also help cultivate the management and organizational skills of
future leaders for developing country public health programs.
The Secretary of State shall require the recipient to enter
into an agreement under which the recipient, upon completing
said education or training, will return to the recipient's
country of nationality or last habitual residence (so long as
it is an eligible developing country) and complete at least
four years of employment in a public health position in the
government or a nongovernmental, not-for-profit entity in that
country or, with the approval of the Secretary, serve with an
international health organization such as the WHO. If the
recipient is unable to meet these requirements, the recipient
will be required to reimburse the U.S. Government for the value
of the assistance provided.
Subsection (e) allows for the participation of United
States citizens, on a case-by-case basis, if the Secretary
determines that it is in the national interest of the United
States to do so. Such participants would be required, upon
completion of education or training, to complete at least five
years of employment in a public health position in an eligible
developing country or an international health organization.
Sec. 2407. In-country training in laboratory techniques and syndrome
surveillance
Section 2407 supports short-term training courses, outside
the United States, in laboratory techniques for laboratory
technicians and public health officials. Such training courses
offer the opportunity for public health personnel to train in
their indigenous environment, utilizing the available
technology. Subsection 2407(a) complements the assistance
authorized in Section 2408 for the purchase and maintenance of
public health laboratory equipment. Subsection 2407(b) supports
training in syndrome surveillance techniques. Syndrome
surveillance systems provide the means for early detection and
recognition, limit infection and mortality rates, and help to
more efficiently focus limited public health resources.
Sec. 2408 and Sec. 2409. Assistance for the purchase and maintenance of
public health laboratory equipment and assistance for improved
communication of public health information
Sections 2408 and 2409 authorize the President to provide
assistance, subject to the availability of appropriations, to
eligible developing countries to purchase and maintain: (1)
public health laboratory equipment necessary for the
collection, analysis, and identification of pathogens which may
cause disease outbreaks or be used as biological weapons; and
(2) communications equipment and information technology, along
with supporting equipment, necessary to effectively collect,
analyze, and transmit public health information. The equipment
should be appropriate for ready use in the intended
geographical area and compatible with general standards
established by the WHO and, as appropriate, the CDC to ensure
interoperability with regional and international networks.
Recipient countries must provide the resources, infrastructure,
and other assets required to house, support, maintain, secure,
and maximize use of this equipment and appropriate technical
personnel.
This section further imposes a limitation, in that amounts
appropriated to carry out this section shall not be made
available for the purchase from a foreign country of equipment
that, if made in the United States, would be subject to the
Arms Export Control Act or likely be barred or subject to
special conditions under the Export Administration Act of 1979.
The President is authorized under subsection (e) of Section
2409 to provide assistance for the standardizing of the
reporting of public health information between and among
developing countries and international health organizations.
Such standardized reporting requirements will enable
information to be more easily transmitted and understood.
Sec. 2410. Assignment of public health personnel to United States
missions and international organizations
Section 2410 authorizes the heads of executive branch
departments and agencies to assign public health personnel to
U.S. diplomatic missions and international health organizations
when requested. These details, intended to be flexible in
nature, should be for the purpose of enhancing disease and
pathogen surveillance efforts in developing countries. The
Secretary of State must concur with any such detail.
Sec. 2411. Expansion of certain United States Government laboratories
abroad
Section 2411 authorizes the expansion of the overseas
laboratories and other related facilities of the Centers for
Disease Control and Prevention and the Department of Defense,
as appropriate, to further the goals of global pathogen
surveillance and monitoring. This expansion applies to both
numbers of personnel and the scope of operations. Overseas CDC
and DOD facilities, working with host governments, play a
crucial role in enhancing the capability of developing
countries to monitor disease outbreaks and suspected biological
weapons attacks.
Sec. 2412. Assistance for regional health networks and expansion of
Foreign Epidemiology Training Programs
Section 2412 authorizes the President to provide assistance
for the purposes of enhancing the surveillance and reporting
capabilities of the World Health Organization and existing
regional networks. The President is also authorized to provide
funding for the development of new regional health networks, as
a means of continuing to expand the reach of a global
surveillance network. Additionally, subsection (b) authorizes
the Secretary of Health and Human Services to establish new
country or regional Foreign Epidemiology Training Programs in
eligible developing countries.
Sec. 2413. Authorization of appropriations
This section authorizes appropriations for carrying out
provisions of this title for Fiscal Year 2006. This section has
made funding available for this title from the funds authorized
to be appropriated to the State Department account for
Nonproliferation, Anti-Terrorism, Demining, and Related
Programs (NADR). All amounts authorized to be appropriated by
this title are authorized to remain available until expended.
The section authorizes $35,000,000 in total. Of this amount,
$25,000,000 is authorized to carry out Sections 2406, 2407,
2408 and 2409; $500,000 to carry out Section 2410; $2,500,000
to carry out Section 2411; and $7,000,000 to carry out Section
2412.
The level of assistance required for global pathogen
surveillance will be modest in comparison to other foreign
assistance efforts. Targeted U.S. assistance can leverage other
international assistance and, more importantly, establish
benchmarks for public health programs in developing countries
to strive for in sustaining and expanding pathogen surveillance
efforts. Global surveillance does not command large-scale
investments nor does it require high-tech equipment. The
absence of authorized funding beyond FY 2006 does not indicate
the need for a re-authorization of these programs.
TITLE XXV--REPORTING REQUIREMENTS AND OTHER MATTERS
Subtitle A--Elimination and modification of certain reporting
requirements
Sec. 2501. Annual Report on territorial integrity
This section repeals an annual report from the 1994 Foreign
Operations, Export Financing, and Related Programs Act on steps
taken by the governments of Eurasia concerning violations of
the territorial integrity or national sovereignty of other
Eurasian states ``such as those violations included in
Principle Six of the Helsinki Final Act.'' This report is no
longer necessary because the countries of Eurasia (designated
in the 1994 Act as ``New Independent States'') have maintained
their sovereignty and territorial integrity for over a decade.
Sec. 2502. Annual reports on activities in Colombia
This section permits the Secretary of State to satisfy the
reporting requirements of Section 694 of the Foreign Relations
Authorization Act, Fiscal Year 2003, by consolidating the
required information with the report required by Section 489 of
the Foreign Assistance Act.
Sec. 2503. Annual report on foreign military training
This amendment changes the date upon which the report is
due to the Congress from January 31 to March 1, and limits the
content to military training provided during the previous
fiscal year.
Sec. 2504. Report on human rights in Haiti
This section combines reports that derive from subsections
616(c) (2), (3) and (4) of the Commerce, Justice and State
Appropriations Act Fiscal Year 1999, as amended, concerning the
status of the Government of Haiti's investigations and
prosecution of certain extra judicial and political murders,
the list of individuals implicated in those murders, and list
of aliens denied visas as a result of the legislation. The two
reports had been submitted on the same date but in two separate
packages, so the timing of the receipt of this information will
not be affected.
Subtitle B--Other Matters
Sec. 2511. Amendments to the Arms Control and Disarmament Act
This section adds the term ``formal commitments'' to the
elements for which the Verification and Compliance Bureau of
the Department of State shall provide compliance analysis (arms
control, nonproliferation, and disarmament agreements) under
the Arms Control and Disarmament Act. To facilitate faster
submission of the annual report on objectives and negotiations,
it separates that report from the annual report on compliance,
which is required to be prepared in coordination with the
Director of National Intelligence. This section also allows the
annual report on Chemical Weapons Convention compliance,
required by condition 10(C) of the resolution of advice and
consent to U.S. ratification of that Convention, to be
incorporated in the annual compliance report required by
Section 403 of the Arms Control and Disarmament Act.
Sec. 2512. Support for independent media in Ethiopia
This section recognizes the need for an independent media
in Ethiopia and recommends the provision of necessary sums to
strengthen the capacity of journalists and increase their
access to printing facilities.
Sec. 2513. Support for Justice Sector in Central African States and the
African Union
The Great Lakes region of central Africa has seen some
improvement in the past year in the levels of open warfare, but
general insecurity and violence remain a daily threat to
millions of civilians in the region. The primary threat to
humanity has been from armed militia groups acting with
impunity, although State security forces have also been guilty
of grave abuses as well. The region's governments remain
woefully weak and unable to effectively control all regions of
their countries from a security perspective. These same
governments, and the regional organizations of which they are
members, are also in specific need of extensive rehabilitation
and reform of their judicial institutions and capacity in
upholding the rule of law.
This section expresses a Sense of the Congress on the
publication of the U.S. 2004 Country Reports on Human Rights
Practices for the region and supports the Administration's
stated intent to help establish African judicial capacity,
specifically that of the African Union. This section authorizes
funding for the above purposes and requires a report by the
President within 6 months of passage that addresses efforts
made to strengthen judicial capacity in Africa.
Sec. 2514. Support for Haiti
In recognition of the serious humanitarian crisis in Haiti,
this section urges a robust and immediate response in the
current fiscal year by the United States and the international
community. Accordingly, the committee encourages the
administration to provide to Haiti at least $163,000,000 in
assistance to meet the basic needs of the Haitian people
including through improved public health and disease prevention
programs, and to provide resources for the purposes of
training, overhauling and equipping the Haitian National Police
force.
The committee recognizes the need for flexibility in
responding to the crisis and, accordingly, makes clear that
such assistance may be provided from among several accounts
authorized in this bill.
Sec. 2515. Global Peace Operations Initiative
This section authorizes the appropriation of $114,400,000
for fiscal year 2006, and such sums as may be necessary for
fiscal year 2007, to support the Global Peace Operations
Initiative, which was proposed last year. This section
authorizes appropriations for the new Global Peace Operations
Initiative (GPOI) that consolidates the programs for training
of peacekeepers globally, while concentrating on Africa in the
near term. The existing Africa Contingency Operations
Initiative (ACOTA) will now operate within the overall GPOI.
This section also sets minimum criteria for nations wishing to
participate in such training. Such criteria are based upon
experience from past peacekeeping training programs which have
highlighted the need to ensure countries are willing and
informed participants with an eye toward democratic and human
rights principles.
Sec. 2516. Assistance to combat HIV/AIDS in certain countries of the
Caribbean region
This section's purpose is to include certain nations of the
Caribbean Region, where HIV/AIDS prevalence is second only to
sub-Saharan Africa, on the list of countries eligible for
assistance under the Emergency Plan for AIDS Relief.
Sec. 2517. Repeal of obsolete assistance authority
This section repeals various authorities that have been
included in the Foreign Assistance Act over the last twenty
years in response to one-time crises to provide for the relief
and rehabilitation of various peoples around the world.
Sec. 2518. Consolidation of certain submissions under the Afghanistan
Freedom Support Act of 2002
This section permits the President to consolidate or
combine three reports required by the Afghanistan Freedom
Support Act (Public Law 107-327): the Afghanistan assistance
plan required under section 104(c) of the Act; the report on
monitoring of assistance for Afghanistan required by section
305(d) of the Act, as amended; and the report on implementation
of the strategy for meeting security needs of Afghanistan
required by section 206(c) of the Act, as amended.
Sec. 2519. Technical corrections
This section makes technical corrections to several foreign
assistance laws.
Sec. 2520. Requirement for report on United States policy toward Haiti
This section requires that the Secretary of State provide a
report outlining the administration's plan for the
stabilization and reconstruction of Haiti for fiscal years 2006
and 2007. The report shall include a description of activities
to be carried out by the U.S. government to assist in the
establishment of democracy and rule of law; promote economic
development; and improve health, education, and employment. It
will also include information on U.S. efforts to assist in the
disarmament of illegally armed forces and the reform of the
Haitian National Police, support the holding of free and fair
elections, and strengthen strategies to address the HIV/AIDS
epidemic. The report will also outline U.S. efforts to
encourage other nations and international organziations to
fulfill assistance pledges to Haiti and to ensure that the
United Nations Stabilization Mission in Haiti, MINUSTAH, is
fully staffed. The committee is persuaded that the United
States has a political and economic interest, as well as a
humanitarian responsibility, to address the crisis in Haiti.
Sec. 2521. United States policy on tsunami relief and reconstruction
policy in Aceh, Indonesia
This section states that it should be the policy of the
United States to work to formulate a joint statement with other
donor countries that are providing assistance for tsunami
relief and reconstruction efforts in Aceh, Indonesia, that
calls for the provision of such assistance to be equitably
distributed throughout the impacted areas of Indonesia and to
be used to strengthen and support the negotiations between the
Government of Indonesia and the Free Aceh Movement. The
committee notes that the United States and other donor nations
successfully issued a similar statement with respect to the
conflict in Sri Lanka and believes that this initiative could
be used as a model for the situation in Aceh.
Sec. 2522. Drug price transparency in the emergency plan for AIDS
relief
This section requires a report on procurement of
antiretroviral drugs under the Emergency Plan for AIDS Relief.
The committee strongly supports the steps taken by the
Administration to increase access to antiretroviral drugs in
the focus countries receiving support under the auspices of the
Emergency Plan for AIDS Relief. The committee believes that
drug price transparency will help build additional confidence
in this initiative. The committee also believes that the U.S.
government should support the use of the lowest-cost available
drugs that are safe and effective.
TITLE XXVI--SAFE WATER
This title makes a clear stated policy goal of the Foreign
Assistance Act of 1961 that the U.S. recognizes that safe water
and sanitation, sound water management, and improved hygiene
for people around the world is an essential ingredient of our
foreign policy objectives. It authorizes a 5-year pilot program
at such sums as is necessary to assist countries, that have a
high rate of water borne diseases, with alternative funding
mechanisms such as investment insurance, investment guarantees
or loan guarantees to develop sustainable water infrastructure
systems. Finally, this title requires the Secretary of State
along with the Administrator of USAID to develop a national
strategy to implement the foreign assistance objectives of
expanding access to safe water and sanitation, sound water
management and improved hygiene for people around the world.
The strategy would be developed in consultation with
international organizations, foreign countries, and
nongovernmental organizations.
Sec. 2601. Short title
The title shall be cited as the ``Safe Water: Currency for
Peace Act of 2005.''
Sec. 2602. Findings
The section identifies Congressional findings highlighting
water borne diseases as killing and debilitating millions of
people annually, and preventing millions of people from leading
healthy lives and therefore, undermining foreign assistance
developmental efforts.
The section cites the 2002 World Summit on Sustainable
Development, held in Johannesburg, South Africa where the
United States agreed to the Plan of Implementation of the World
Summit on Sustainable Development to implement a plan to reduce
by one-half the proportion of people who are unable to reach or
afford safe drinking water and the proportion of people without
access to basic sanitation by 2015.
Sec. 2603. Water for health and development
This section amends Part I of the Foreign Assistance Act of
1961 by adding a new findings section that highlights access to
safe water and sanitation and improved hygiene as significant
factors in controlling the spread of water borne diseases in
developing countries and contributing positively to economic
development.
Subsection (b) makes it a major policy objective of the
Foreign Assistance Act of 1961 that the United States
recognizes that safe water and sanitation, sound water
management, and improved hygiene for people around the world is
essential to our foreign policy objectives.
Subsection (c) authorizes the President to furnish
assistance, including health information and education, to
advance good health and promote economic development by
improving the safety of water supplies, expand access to safe
water and sanitation, promote sound water management, and
promote hygiene in developing countries. The President is
authorized to use local currencies under title I of the
Agricultural Trade Development and Assistance Act of 1954 to
support the goals of this Act, including the use of local
currencies for purposes of drilling and maintaining water
wells.
Sec. 2604. Pilot program for water sustainability infrastructure
development and capacity building
The section amends the Foreign Assistance Act of 1961 by
authorizing a 5 year pilot clean water sustainability
infrastructure development program. The program authorizes the
President, in coordination with the Administrator of the United
States Agency for International Development and the President
of the Overseas Private Investment Corporation to carry out
this pilot program. The President, in conducting this pilot
program, is authorized to utilize alternative financial
assistance measures, including but not limited to: investment
insurance, investment guarantees, loan guarantees, direct
investment or other financial mechanisms. These alternative
financing mechanisms shall be used for the purposes of
leveraging public, private funds in order to expand investment
in domiciled water infrastructure projects.
The section authorizes these alternative funds for purposes
of assessing water development needs, design projects, fund
projects, and provide for long-term monitoring water
development programs. Determination of number of projects and
geographic location of projects will be determined by the
President in consultation with the Congress. Preferential
consideration of projects should be given small businesses or
cooperatives in the United States, but not to the exclusion of
public non-profit organizations.
Loan guarantees, if selected as a part of a pilot project,
shall be guaranteed by the United States Treasury at the rate
not exceeding 75 per cent.
Sec. 2605. Safe water strategy
This section requires the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development and other federal agencies
including federal land grant universities who have expertise in
water and water management programs, along with appropriate
international organizations and non-governmental organizations,
to assess current activities, and develop and implement a
national strategy to meet the objectives of expanding access to
safe water and sanitation, including supporting and providing
sound water management, and improve hygiene for people around
the world.
The national strategy shall focus on current resources and
their allocation and recommend ways and means to maximize the
efficient allocation of theses resources toward the goal of
reducing by half the proportion of the population exposed to
unsafe water and sanitation by the year 2015. Focus of the
national strategy should also address the effective
coordination of and use of non-profit, non-governmental
technical expertise in the delivery of resources.
Within 180 days of enactment of this Act, the President
shall submit the report required by this section to the
Congress.
Sec. 2606. Authorization of appropriations
The section authorizes such sums as may be necessary for
carrying out this title.
TITLE XXVII--PROTECTION OF VULNERABLE POPULATIONS DURING HUMANITARIAN
EMERGENCIES
The committee recognizes that during a humanitarian
emergency people--especially women and children--become
extremely vulnerable to a range of abuses including sexual
exploitation, trafficking and gender-based violence. This title
seeks to ensure that those affected by natural disasters, such
as the tsunami that affected countries in Asia and Africa last
December or by man-made crises, such as the ongoing crisis in
the Darfur region of Sudan, are protected from such abuses
through our foreign assistance programs.
Sec. 2701. Short title
Sec. 2702. Definitions
Sec. 2703. Findings
These sections contain the short title, the definitions and
the findings, respectively.
The committee believes that steps must be taken to ensure
that the State Department and the United States Agency for
International Development (USAID) have a strategy to protect
vulnerable populations from exploitation and abuse before,
during and after a humanitarian emergency. The next sections
ensure that such a strategy is in place, that USAID has the
expertise to develop appropriate programs, and that the U.S.
government has an established mechanism to ensure that partners
who implement our assistance programs overseas are committed to
preventing exploitation and abuse by their personnel in the
field.
Sec. 2711. Requirement to develop comprehensive strategy
This section directs the Secretary of State, in
consultation with the USAID Administrator, to develop an
integrated strategy for the protection of vulnerable
populations, especially women and children, and to provide
Congress with that strategy within 180 days.
Sec. 2712. Designation of coordinator
This section directs the Secretary of State, in
consultation with the USAID Administrator, to designate an
official at the State Department or USAID as a Protection
Coordinator within 60 days. The Protection Coordinator will be
responsible for ensuring that our assistance programs include
activities to support the protection of vulnerable populations,
especially women and children, affected by humanitarian
emergencies.
Sec. 2721. Reporting and monitoring systems
This section instructs the Protection Coordinator to
develop and maintain a historical database of instances where
sexual abuse and exploitation of children occurred during a
humanitarian emergency; develop a reporting and monitoring
mechanism for diplomatic missions to collect and report to the
coordinator information that indicates vulnerable populations
are being targeted or are at risk during an emergency; assist
U.S. missions in developing responses to situations where there
is a risk of sexual exploitation and abuse during a
humanitarian emergency; and develop a procedure for relief
organizations to report evidence of sexual exploitation and
abuse and exploitation of children during an emergency.
Sec. 2722. Protection training and expertise
This section establishes a fellowship at USAID to enhance
the expertise of its personnel in developing protection related
policies and programs.
Sec. 2731. Codes of conduct
This section prohibits the State Department and USAID from
providing primary grants to or entering into contracts with
relief organizations that do not sign a code of conduct which
prohibits employees from having inappropriate relationships
with aid beneficiaries. This provision applies only to
assistance under section 491 of the Foreign Assistance Act or
overseas assistance under section 2 of the Migration and
Refugee Assistance Act of 1962.
Sec. 2732. Health services for refugees and displaced persons
The committee recognizes that women have particular health
needs during an emergency that require specialized care,
including medical assistance for those who might have been
raped, or who are pregnant. This section directs the Protection
Coordinator to ensure that organizations funded by the U.S.
have the resources to provide for the specific health needs of
women during a complex humanitarian emergency and that these
relief organizations are on the ground no later than 30 days
after the onset of such an emergency.
Sec. 2733. Economic self-sufficiency of vulnerable populations affected
by a humanitarian emergency
The committee is aware that people, especially women and
children, are often more vulnerable to exploitation during a
crisis due to lack of economic self-sufficiency. This section
amends the Micro-Enterprise Development Act of 2000 to make it
clear that special effort should be made to extend such
assistance to internally displaced people so that they have the
means to earn income during an emergency.
Sec. 2734. International military education and training
This section adds a component to the International Military
and Education Program focused on training foreign militaries to
protect civilians who are refugees and internally displaced
persons.
Sec. 2735. Sense of Congress regarding actions of United Nations
peacekeepers
The committee is very disturbed by reports of sexual
exploitation of women and girls in eastern Democratic Republic
of Congo by U.N. peacekeepers. This section expresses the sense
of Congress that the Secretary General of the U.N. should
further strengthen policies of the U.N. to protect civilians
from sexual abuse and exploitation by U.N. personnel involved
in U.N. peacekeeping missions. It also expresses the sense of
Congress that the Secretary of State should consider suspending
military assistance to countries who do not follow up on
allegations that their troops engaged in sexual exploitation
and/or abuse while deployed as part of a U.N. peacekeeping
mission.
Sec. 2741. Actions to support protection
This section encourages the U.S. representative to the
World Bank to make sure that women and children who were forced
to serve with armed combatants get a benefit package as part of
World Bank post-conflict demobilization programs similar to
those given to the men who are disarming. It also requires the
Secretary of State to submit a report to the committee on what
types of training programs the State Department and USAID are
currently conducting that are designed to improve
accountability for gender-based violence.
Sec. 2742. Protection assistance
This section amends the Foreign Assistance Act to provide
that funds made available to carry out Chapter 1 of part I of
the Act and chapter 4 of part II may be used to fund protection
activities for vulnerable populations, especially women and
children, who are affected by complex humanitarian emergencies.
The purpose of this section is to authorize funding for
activities such as security assessments for refugee and
internally displaced camps, reunification services for children
separated from their families or training for local law
enforcement activities to investigate cases of rape.
TITLE XXVIII--CONVENTIONAL ARMS DISARMAMENT
THE CONVENTIONAL ARMS DISARMAMENT ACT OF 2005
The threat posed to global peace and security by persistent
landmines, readily available small arms, light weapons,
abandoned ordnance, and poorly secured munitions has long been
a concern for the Committee on Foreign Relations. Congress has
mandated significant accounting and reporting requirements on
US sales and transfers of conventional weaponry, particularly
for highly portable and relatively inexpensive weapons. While
these efforts proceed with strong support from the committee,
bilateral assistance to countries seeking to destroy, safeguard
or otherwise eliminate proliferation-vulnerable surplus
conventional stockpiles has not been given equally sustained
attention, budgetary support and needed authorities.
In Public Law 106-164, Congress amended the Arms Export
Control Act (22 U.S.C. 2751, et. seq.) to establish a
comprehensive end-use monitoring program for defense articles
and services in order to improve accountability with respect to
those defense articles and services sold, leased or exported
under the Arms Export Control Act or Foreign Assistance Act.
Since then, the Department of State has established the Blue
Lantern program to carry out such a program with respect to
commercial exports of U.S. defense articles and services. A
similar program, Golden Sentry, was established by the
Department of Defense for foreign military sales (FMS).
Blue Lantern results are reported annually to Congress.
These reports have shown that a notable percentage of
unfavorable end-use checks involve firearms and ammunition. In
the Fiscal Year 2003 reporting period, 49 percent of all
unfavorable checks related to firearms and ammunition. While
the percentage for such commodities decreased to 18 percent in
the Fiscal Year 2004 reporting period, the committee remains
concerned about the possibility of diversion of such exports.
Indeed, the data provided under Blue Lantern demonstrate that
even when applying the strict controls and enforcement
provisions of US law in the International Traffic in Arms
Regulations (22 CFR 120-130), the potential for diversion
exists. The problem can only be more prevalent regarding arms
from countries without such controls.
Several reports in the last two years have detailed the
potential for illegal acquisition, the unsafe handling,
shipment, storage and the wide availability of Man-Portable
Air-Defense Systems or MANPADS.
In May 2004, the U.S. General Accountability Office (GAO)
submitted a report to Congress on the growing threat posed by
MANPADS. GAO found that ``Since the 1950s, 20 countries have
developed or produced at least 30 different types of MANPADS,
with a total production of more than a million missiles . . .
Estimates of the global inventory of MANPADS range from 500,000
to 750,000 weapons, with approximately 1 percent outside the
control of national governments, according to intelligence
sources.'' \1\ The report noted that ``progress toward reducing
MANPADS proliferation is limited by . . . multilateral forums'
lack of mechanisms to monitor countries' implementation of
their commitments.\2\ The GAO also noted that the only
realistic mechanisms available to the State Department in this
regard are the ``procedures in place to confirm destruction of
MANPADS through its bilateral efforts.\3\ In January 2005, a
RAND Corporation study addressed the risk of MANPADS use in
terrorist attacks and recommended ``working with international
governments to slow down the proliferation of MANPADS
technologies, in particular those against which countermeasures
are less effective.\4\ The committee concurs with such
assessments, and so proposes to increase the funding,
coordination and authorities available to the Department of
State for threat reduction efforts regarding MANPADS, as well
as for persistent landmines, readily available small arms,
light weapons, abandoned ordnance, and poorly secured
munitions.
---------------------------------------------------------------------------
\1\ United States General Accounting Office, Report to
Congressional Committees, ``Nonproliferation: Further Improvements
Needed in U.S. Efforts to Counter Threats from Man-Portable Air Defense
Systems,'' GAO-04-519, May 2004, p. 10.
\2\ Ibid., p. 14.
\3\ Ibid.
\4\ James Chow, et. al., ``Protecting Commercial Aviation Against
the Shoulder-Fired Missile Threat,'' Rand Occasional Paper, 2005, RAND
Corporation, p. 34.
---------------------------------------------------------------------------
In the 108th Congress, Chairman Lugar introduced the
Conventional Arms Threat Reduction Act of 2004 or S. 2981.
During the committee's markup of the Foreign Affairs
Authorization Act, Fiscal Years 2006 and 2007, it included
substantially the same legislation as that which the Chairman
had previously introduced in the Senate.
The Conventional Arms Disarmament Act, or CADA, seeks to
provide unified planning, programming, and implementation of
U.S. bilateral or multilateral assistance for an accelerated
global program to secure, remove, or eliminate stocks of
MANPADS, other conventional weapons, and tactical missile
systems, as well as related equipment and facilities, that pose
a proliferation threat.
Sec. 2801. Short Title
This section gives the short title ``Conventional Arms
Disarmament Act.''
Sec. 2802. Findings; Sense of Congress
This section states several findings and a Sense of
Congress.
Sec. 2803. Statement of Policy
This section states that it is the policy of the United
States to assist the governments of other countries in
safeguarding or eliminating stocks of MANPADS, other
conventional weapons, and tactical missile systems that pose a
proliferatiion, local or regional security, or humanitarian
threat.
Sec. 2804. Global Program for the Safeguarding and Elimination of
Conventional Arms
Section 2804 authorizes the Secretary of State to carryout
a global program to secure, remove, or eliminate stocks of
MANPADS, other conventional weapons and munitions, as well as
related equipment and facilities that are determined by the
Secretary of State to pose a proliferation threat. Specified
program elements include:
(1) Humanitarian demining activities;
(2) Programs to secure or eliminate tactical missile
systems;
(3) Programs to secure or eliminate MANPADS;
(4) Activities to destroy other conventional weapons;
(5) Programs to assist other countries in accounting
for and safe handling of MANPADS;
(6) Cooperative programs with the North Atlantic
Treaty Organization (NATO) and other international
organizations for programs and activities in (1)-(5);
(7) Activities and programs to ensure proper use
funds in such programs;
(8) Activities to ensure accurate inventories of
MANPADS, conventional weapons, and tactical missile
systems stored at sites where US bilateral assistance
is used to ensure the security of such weapons;
(9) Actions to ensure that any equipment and funds
used for the securing, safeguarding or elimination of
MANPADS, tactical missile systems and other
conventional weapons are used for authorized purposes.
While sec. 2804 includes demining activities as a program
element, the committee does not intend that this reference
should in any way modify existing U.S. programs regarding
humanitarian demining activities, but rather, includes such
reference by way of noting that in cases where MANPADS and
other conventional weapons caches have been found, there were
often large stockpiles of land mines. The committee intends
that funding for humanitarian demining activities should
continue to be a separate budget line, but that such activities
should be coordinated with and integrated into the accelerated
effort called for in this title.
Sec. 2805. Redesignation of Office of Weapons Removal and Abatement as
Office of Conventional Arms Threat Reduction
On October 6, 2003, then-Assistant Secretary of State for
Political-Military Affairs (PM) Lincoln P. Bloomfield announced
the creation of the Office of Weapons Removal and Abatement
(PM/WRA). In so doing, he stated: ``The menace to regional
stability and public safety posed by persistent landmines,
readily available small arms, light weapons, abandoned
ordnance, and poorly secured munitions are interrelated and
should be addressed in a comprehensive manner.''
While the committee supported the efforts of the PM Bureau
to provide a coordinated response to the challenges posed by
such weapons, the extent to which activities throughout the
Department of State are coordinated with PM/WRA remains
unclear. In redesignating PM/WRA the Office of Conventional
Arms Threat Reduction, the committee does not intend that any
authority already given to PM/WRA under the Department's
decision be taken away, but rather, that the new office provide
greater attention, Department-wide and within the Federal
government, to such efforts.
Sec. 2806. Report on Conventional Arms Threat Reduction
The committee currently does not have a specific report
regarding all bilateral and multilateral efforts to remedy the
threats posed by persistent landmines, readily available small
arms, light weapons, abandoned ordnance, and poorly secured
munitions. Insofar as the committee has called for a report of
broad scope, it intends that this requirement be a one-time
report detailing past efforts similar to those called for under
the Conventional Arms Disarmament Act and efforts made toward
implementing it.
Sec. 2807. Authorization of Appropriations
The committee would have expected a request for increased
funding to take on the expanded mission of PM/WRA as it relates
to readily available small arms, light weapons, abandoned
ordnance, and poorly secured munitions. While such efforts are
relatively inexpensive compared to those concerning weapons of
mass destruction, when PM/WRA was created the funding increases
remained surprisingly small. Section 2807 would therefore
increase the authorization for activities under the Office of
Conventional Arms Threat Reduction for small arms, light
weapons, abandoned ordnance, and poorly secured munitions to
$20 million for fiscal year 2006.
This section is also drafted to tie some of the increase in
authorized levels of spending over the fiscal year 2006
requested level to submission of the report required by Section
2806. The committee has been informed that PM/WRA could not
execute a global effort of the kind called for in Section 2804
with a large increase in funds on an immediate basis. Given
such concerns, the committee intends that the one-time
reporting requirement in Section 2806 will enable proper
planning and programming for such a comprehensive effort. In an
effort to ensure that, this section would authorize an initial
increase of only $1.25 million over the fiscal year 2006
requested level of $8.750 million for small arms and light
weapons activities (as distinct from humanitarian demining
activities or the International Trust Fund contribution),
withholding the additional $10 million increase for such
efforts until the report is submitted.
Sec. 2808. Definition of Nonproliferation and Disarmament Fund
This section specifies that the term ``Nonproliferation and
Disarmament Fund'' means the Nonproliferation and Disarmament
Fund established under section 504 of the FREEDOM Support Act
(22 U.S.C. 5854).
VI. Cost Estimate
Rule XXVI, paragraph 11(a) of the Standing Rules of the
Senate requires that committee reports on bills or joint
resolutions contain a cost estimate for such legislation. To
date, the committee has not received the Congressional Budget
Office cost estimate.
VII. Evaluation of Regulatory Impact
Rule XXVI, paragraph 11(b) of the Standing Rules of the
Senate requires an evaluation of the regulatory impact of the
bill. A few provisions of the bill, such as Sections 203, 213,
and 312, require or authorize the issuance of regulations.
These regulatory provisions, however, relate to the
administration of State Department facilities or programs, and
would not involve regulation of private commerce. Section 2231
increases the monetary thresholds for notification of arms
exports to Congress under section 36 of the Arms Export Control
Act, and will therefore require minor modifications to existing
regulations issued under the authority of Section 38 of that
Act.
VIII. Changes in Existing Law
In compliance with paragraph 12 of Rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman).
Foreign Assistance Act of 1961
Sec. 102. Development Assistance Policy.--(a) * * *
* * * * * * *
(5) United States development assistance should focus
on critical problems in those functional sectors which
affect the lives of the majority of the people in the
developing countries; food production and nutrition;
rural development and generation of gainful employment;
population planning and health; environment and natural
resources; education, development administration, and
human resources [development; and] development; energy
development and production; democracy and the rule of
law; and economic growth and the building of trade
capacity.
* * * * * * *
(18) The United States development assistance program
should take maximum advantage of the increased
participation of United States private foundations,
business enterprises, and private citizens in funding
international development activities. The program
should utilize the development experience and expertise
of its personnel, its access to host-country officials,
and its overseas presence to facilitate public-private
alliances and to leverage private sector resources
toward the achievement of development assistance
objectives.
* * * * * * *
Sec. 103. Agricultural Development in Rural Areas--
[(a)(1)](a) In recognition of the fact that the great majority
of the people of developing countries live in rural areas and
are dependent on agriculture and agricultural-related pursuits
for their livelihood, the President is authorized to furnish
assistance, on such terms and conditions as he may determine,
for agriculture, rural development, and nutrition--
[(A)](1) to alleviate starvation, hunger, and
malnutrition;
[(B)](2) to expand significantly the provision of
basic services to rural poor people to enhance their
capacity for self-help; and
[(C)](3) to help create productive farm and off-farm
employment in rural areas to provide a more viable
economic base and enhance opportunities for improved
incomes, living standards, and contributions by rural
poor people to the economic and social development of
their countries.
[(2) There are authorized to be appropriated to the
President for purposes of this section, in addition to funds
otherwise available for such purposes, $760,000,000 for fiscal
year 1986 and $760,000,000 for fiscal year 1987. Of these
amounts, the President may use such amounts as he deems
appropriate to carry out the provisions of section 316 of the
International Security and Development Cooperation Act of 1980.
Amounts appropriated under this section are authorized to
remain available until expended.
[(3) Of the amounts authorized to be appropriated in
paragraph (2) for the fiscal year 1987, not less than
$2,000,000 shall be available only for the purpose of
controlling and eradicating amblyomma variegatum (heartwater)
in bovine animals in the Caribbean.]
* * * * * * *
Sec. 104. Population and Health.--(a)* * *
* * * * * * *
(c) Assistance for Health and Disease Prevention.--(1) In
order to contribute to improvements in the health of the
greatest number of poor people in developing countries, the
President is authorized to furnish assistance, on such terms
and conditions as he may determine, for health programs.
Assistance under this subsection shall be used primarily for
basic integrated health services, safe water and sanitation,
disease prevention and control, and related health planning and
research. The assistance shall emphasize self-sustaining
community-based health programs by means such as training of
health auxiliary and other appropriate personnel, support for
the establishment and evaluation of projects that can be
replicated on a broader scale, measures to improve management
of health programs, and other services and suppliers to support
health and disease prevention programs.
[(2)(A)](2) In carrying out the purposes of this
subsection, the President shall promote, encourage, and
undertake activities designed to deal directly with the special
health needs of children and mothers. Such activities should
utilize simple, available technologies which can significantly
reduce childhood mortality, such as improved and expanded
immunization programs, oral rehydration to combat diarrhoeal
diseases, and education programs aimed at improving nutrition
and sanitation and at promoting child spacing. In carrying out
this paragraph, guidance shall be sought from knowledgeable
health professionals from outside the agency primarily
responsible for administering this part. In addition to
government-to-government programs, activities pursuant to this
paragraph should include support for appropriate activities of
the types described in this paragraph which are carried out by
international organizations (which may include international
organizations receiving funds under chapter 3 of this part) and
by private and voluntary organizations, and should include
encouragement to other donors to support such types of
activities.
[(B) In addition to amounts otherwise available for such
purpose, there are authorized to be appropriated to the
President $25,000,000 for fiscal year 1986 and $75,000,000 for
fiscal year 1987 for use in carrying out this paragraph.
Amounts appropriated under this subparagraph are authorized to
remain available until expended.
[(C) Appropriations pursuant to subparagraph (B) may be
referred to as the ``Child Survival Fund.'']
(3) The Congress recognizes that the promotion of primary
health care is a major objective of the foreign assistance
program. The Congress further recognizes that simple,
relatively low-cost means already exist to reduce incidence of
communicable diseases among children, mothers, and infants. The
promotion of vaccines for immunization, and salts for oral
rehydration, therefore, is an essential feature of the health
assistance program. To this end, the Congress expects the
agency primarily responsible for administering this part to set
as a goal the protection of not less than 80 percent of all
children, in those countries in which such agency has
established development programs, from immunizable diseases by
January 1, 1991. [Of the aggregate amounts made available for
fiscal year 1987 to carry out paragraph (2) of this subsection
(relating to the Child Survival Fund) and to carry out
subsection (c) (relating to development assistance for health),
$50,000,000 shall be used to carry out this paragraph.]
* * * * * * *
SEC. 104D. WATER FOR HEALTH AND DEVELOPMENT.
(a) Finding.--Congress makes the following findings:
(1) Access to safe water and sanitation and improved
hygiene are significant factors in controlling the
spread of disease in the developing world and
positively affecting economic development.
(2) The health of children and other vulnerable rural
and urban populations in developing countries,
especially sub-Saharan Africa and South Asia, is
threatened by a lack of adequate safe water,
sanitation, and hygiene.
(3) Efforts to meet United States foreign assistance
objectives, including those related to agriculture, the
human immunodeficiency virus (HIV) and acquired immune
deficiency syndrome (AIDS), and the environment will be
advanced by improving access to safe water and
sanitation and promoting sound water management
throughout the world.
(4) Developing sustainable financing mechanisms,
including private sector financing, is critical to the
long-term sustainability of improved water supply,
sanitation, and hygiene.
(5) The annual level of investment needed to meet the
water and sanitation needs of developing countries far
exceeds the amount of Official Development Assistance
(ODA) and spending by governments of developing
countries, so attracting greater public and private
investment is essential.
(6) Long-term sustainability in the provision of
access to safe water and sanitation and in the
maintenance of water and sanitation facilities requires
a legal and regulatory environment conducive to private
sector investment and private sector participation in
the delivery of water and sanitation services.
(7) The absence of robust domestic financial markets
and sources for long-term financing are a major
impediment to the development of water and sanitation
projects in developing countries.
(8) At the 2003 Summit of the Group of Eight in
Evian, France, the members of the Group of Eight
produced a plan entitled ``Water: A G8 Action Plan''
that contemplated the promotion of domestic revolving
funds to provide local currency financing for capital-
intensive water infrastructure projects. Innovative
financing mechanisms such as revolving funds and
pooled-financings have been very effective vehicles for
mobilizing domestic savings for investments in water
and sanitation both in the United States and in some
developing countries. These mechanisms can serve as a
catalyst for greater investment in water and sanitation
projects by villages, small towns, and municipalities.
(9) The G8 Action Plan also committed members of the
Group of Eight to improving coordination and
cooperation between donors, and such improved
coordination and cooperation is essential for enlarging
the beneficial impact of donor initiatives.
(b) Policy.--It is a major objective of United States foreign
assistance--
(1) to promote good health and economic development
by providing assistance to expand access to safe water
and sanitation, promote sound water management, and
improve hygiene for people around the world; and
(2) to promote, to the maximum extent practicable and
appropriate, long-term sustainability in the provision
of access to safe water and sanitation by encouraging
private investment in water and sanitation
infrastructure and services.
(c) Authorization.--
(1) In general.--To carry out the policy set out in
subsection (b), the President is authorized to furnish
assistance, including health information and education,
to advance good health and promote economic development
by improving the safety of water supplies, expanding
access to safe water and sanitation, promoting sound
water management, and promoting better hygiene.
(2) Local currency.--The President may use payments
made in local currencies under an agreement made under
title I of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1701 et seq.) to
provide assistance under this section, including
assistance for activities related to drilling or
maintaining wells.
Sec. 105. Education and Human Resources Development.--In
order to reduce illiteracy, to extend basic education and to
increase manpower training in skills related to development,
the President is authorized to furnish assistance on such terms
and conditions as he may determine, for education, public
administration, and human resource development. [There are
authorized to be appropriated to the President for the purposes
of this section, in addition to funds otherwise available for
such purposes, $180,000,000 for fiscal year 1986 and
$180,000,000 for fiscal year 1987, which are authorized to
remain available until expended.]
* * * * * * *
Sec. 106. Development of Indigenous Energy Resources.--(a)
* * *
* * * * * * *
[(e)(1) There are authorized to be appropriated to the
President for purposes of this section, in addition to funds
otherwise available for such purposes, $207,000,000 for fiscal
year 1986 and $207,000,000 for fiscal year 1987.
[(2) Amounts appropriated under this section are authorized
to remain available until expended.
[(f) Of the amounts authorized to be appropriated to carry
out this part, $5,000,000 for fiscal year 1986 and $5,000,000
for fiscal year 1987 shall be used to finance cooperative
projects among the United States, Israel, and developing
countries.]
* * * * * * *
Sec. 123. Private and Voluntary Organizations and
Cooperatives in Overseas Development.--(a) * * *
* * * * * * *
[(e) Prohibitions on assistance to countries contained in
this or any other Act shall not be construed to prohibit
assistance by the agency primarily responsible for
administering this part in support of programs of private and
voluntary organizations and cooperatives already being
supported prior to the date such prohibition becomes
applicable. The President shall take into consideration, in any
case in which statutory prohibitions on assistance would be
applicable but for this subsection, whether continuation of
support for such programs is in the national interest of the
United States. If the President continues such support after
such date, he shall prepare and transmit, not later than one
year after such date, to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate a report setting forth the reasons for
such continuation.]
(e)(1) Restrictions contained in this or any other Act with
respect to assistance for a country shall not be construed to
restrict assistance in support of programs of nongovernmental
organizations from--
(A) funds made available to carry out this chapter
and chapters 10, 11, and 12 of part I and chapter 4 of
part II; or
(B) funds made available for economic assistance
activities under the Support for East European
Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.).
(2) The President shall submit to Congress, in accordance
with section 634A, advance notice of an intent to obligate
funds under the authority of this subsection to furnish
assistance in support of programs of nongovernmental
organizations.
(3) Assistance may not be furnished through nongovernmental
organizations to the central government of a country under the
authority of this subsection, but assistance may be furnished
to local, district, or subnational government entities under
such authority.''.
* * * * * * *
SEC. 129. PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO FOREIGN
GOVERNMENTS AND FOREIGN CENTRAL BANKS OF DEVELOPING
OR TRANSITIONAL COUNTRIES.
(a) Establishment of Program.-- * * *
* * * * * * *
(j) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section [$5,000,000 for fiscal year 1999]
$20,000,000 for fiscal year 2006 and such sums as may be
necessary for fiscal year 2007.
* * * * * * *
SEC. 256A. DEVELOPMENT CREDIT AUTHORITY.
(a) Findings.--Congress makes the following findings:
(1) Developing countries often have large reserves of
privately held capital that are not being adequately
mobilized and invested due to weak financial
institutions and other market imperfections in such
countries.
(2) Partial loan guarantees, particularly when used
as an integral part of a development strategy, are
useful to leverage local private capital for
development while reforming and strengthening
developing country financial markets.
(3) Requiring risk-sharing guarantees and limiting
guarantee assistance to private lenders encourages such
lenders to provide appropriate oversight and management
of development projects funded with loans made by such
lenders and, thereby, maximize the benefit which such
projects will achieve.
(b) Policy.--It is the policy of the United States to make
partial loan guarantees available to private lenders to fund
development projects in developing countries that encourage
such lenders to provide appropriate oversight and management of
such development projects.
(c) Authority.--To carry out the policy set forth in
subsection (b), the President is authorized to provide
assistance in the form of loans and partial loan guarantees to
private lenders in developing countries to achieve the economic
development purposes of the provisions of this part.
(d) Policies To Limit Financial Risk to the United States.--
(1) Priority for assistance.--The President, in
providing assistance under this section, shall give
priority to providing partial loan guarantees made
pursuant to the authority in subsection (c) that are
used in transactions in which the financial risk of
loss to the United States Government under such
guarantee does not exceed the financial risk of loss of
the private lender that receives such guarantee.
(2) Maximum exposure.--The investment or risk of the
United States in any one development project may not
exceed 70 percent of the total outstanding investment
or risk associated with such project.
(e) Terms and Conditions.--
(1) In general.--Assistance provided under this
section shall be provided on such terms and conditions
as the President determines appropriate.
(2) Maximum total amount of loans or guaranties per
borrower.--The principal amount of loans made or
guaranteed under this section in any fiscal year, with
respect to any single country or borrower, may not
exceed $100,000,000.
(f) Obligations of the United States.--A partial loan
guarantee made under subsection (c) shall constitute an
obligation, in accordance with the terms of such guarantee, of
the United States of America and the full faith and credit of
the United States of America is pledged for the full payment
and performance of such obligation.
(g) Procurement Provisions.--Assistance may be provided under
this section notwithstanding section 604(a).
(h) Development Credit Authority Program Account.--There is
established on the books of the Treasury an account known as
the Development Credit Authority Program Account. There shall
be deposited into the account all amounts made available for
providing assistance under this section, other than amounts
made available for administrative expenses to carry out this
section. Amounts in the Account shall be available to provide
assistance under this section.
(i) Availability of Funds.--
(1) In general.--Of the amounts authorized to be
available for the purposes of part I of this Act and
for the Support for Eastern European Democracy (SEED)
Act of 1989 (22 U.S.C. 5401 et seq.), not more than
$21,000,000 for fiscal year 2006 and such sums as may
be necessary for fiscal year 2007 may be made available
to carry out this section.
(2) Transfer of funds.--Amounts made available under
paragraph (1) may be transferred to the Development
Credit Authority Program Account established by
subsection (h).
(3) Subsidy cost.--Amounts made available under
paragraph (1) shall be available for the subsidy cost,
as defined in section 502(5) of the Federal Reform
Credit Act of 1990 (2 U.S.C. 661a(5)), of activities
under this section.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated for administrative expenses to carry out
this section $8,000,000 for fiscal year 2006 and such
sums as may be necessary for fiscal year 2007.
(2) Transfer of funds.--The amounts appropriated for
administrative expenses under paragraph (1) may be
transferred to and merged with amounts made available
under section 667(a).
(k) Availability.--Amounts appropriated or made available
under this section are authorized to remain available until
expended.
* * * * * * *
[Sec. 302. Authorization.--(a)(1) There are authorized to
be appropriated to the President $270,000,000 for fiscal year
1986 and $236,084,000 for fiscal year 1987 for grants to carry
out the purposes of this part, in addition to funds available
under other Acts for such purposes. Of the amount appropriated
for each of the fiscal years 1986 and 1987 pursuant to these
authorizations--
[(A) 59.65 percent shall be for the United Nations
Development Program;
[(B) 19.30 percent shall be for the United Nations
Children's Fund;
[(C) 7.20 percent shall be for the International
Atomic Energy Agency, except that these funds may be
contributed to that Agency only if the Secretary of
State determines (and so reports to the Congress) that
Israel is not being denied its right to participate in
the activities of that Agency;
[(D) 5.44 percent shall be for Organization of
American States development assistance programs;
[(E) 3.51 percent shall be for the United Nations
Environment Program;
[(F) 0.70 percent shall be for the World
Meteorological Organization;
[(G) 0.70 percent shall be for the United Nations
Capital Development Fund;
[(H) 0.35 percent shall be for the United Nations
Education and Training Program for Southern Africa;
[(I) 0.18 percent shall be for the United Nations
Voluntary Fund for the Decade for Women;
[(J) 0.07 percent shall be for the Convention on
International Trade in Endangered Species;
[(K) 0.70 percent shall be for the World Food
Program;
[(L) 0.18 percent shall be for the United Nations
Institute for Namibia;
[(M) 0.12 percent shall be for the United Nations
Trust Fund for South Africa;
[(N) 0.04 percent shall be for the United Nations
Voluntary Fund for Victims of Torture;
[(O) 0.07 percent shall be for the United Nations
Industrial Development Organization;
[(P) 0.55 percent shall be for the United Nations
Development Program Trust Fund to Combat Poverty and
Hunger in Africa;
[(Q) 0.97 percent shall be for contributions to
international conventions and scientific organizations;
[(R) 0.18 percent for the United Nations Centre on
Human Settlements (Habitat); and
[(S) 0.09 percent shall be for the World Heritage
Fund.
[(2) The Congress reaffirms its support for the work of the
Inter-American Commission on Human Rights. To permit such
Commission to better fulfill its function of insuring
observance and respect for human rights within this hemisphere,
not less than $357,000 of the amount appropriated for fiscal
year 1976 and $358,000 of the amount appropriated for fiscal
year 1977, for contributions to the Organization of American
States, shall be used only for budgetary support for the Inter-
American Commission on Human Rights.
[(b)(1) There is authorized to be appropriated to the
President for loans for Indus Basin Development to carry out
the purposes of this section, in addition to funds available
under this chapter or any other Act for such purposes, for use
beginning in the fiscal year 1969, $61,220,000. Such amounts
are authorized to remain available until expended.
[(2) There is authorized to be appropriated to the
President for grants for Indus Basin Development, in addition
to any other funds available for such purposes, for use in the
fiscal year 1974, $14,500,000, and for use in the fiscal year
1975, $14,500,000, and for use beginning in the fiscal year
1976, $27,000,000, which amounts shall remain available until
expended. The President shall not exercise any special
authority granted to him under section 2360(a) or 2364(a) of
this title to transfer any amount appropriated under this
paragraph to, and to consolidate such amount with, any funds
made available under any other provision of this chapter.
[(c) None of the funds available to carry out this part
shall be contributed to any international organization or to
any foreign government or agency thereof to pay the costs of
developing or operating any volunteer program of such
organization, government, or agency relating to the selection,
training, and programing of volunteer manpower.
[(d) to (h) Repealed. Pub. L. 95-424, title VI, Sec. 604,
Oct. 6, 1978, 92 Stat. 961
[(i) In addition to amounts otherwise available under this
section, there are authorized to be appropriated for fiscal
year 1976 $1,000,000 and for fiscal year 1977 $2,000,000 to be
available only for the International Atomic Energy Agency to be
used for the purpose of strengthening safeguards and
inspections relating to nuclear fissile facilities and
materials. Amounts appropriated under this subsection are
authorized to remain available until expended.
[(j) In addition to amounts otherwise available under this
section for such purposes, there are authorized to be
appropriated to the President $3,000,000 for fiscal year 1989
to be available only for United States contributions to
multilateral and regional drug abuse control programs. Of the
amount authorized to be appropriated by this subsection--
[(1) $2,000,000 shall be for a United States
contribution to the United Nations Fund for Drug Abuse
Control;
[(2) $600,000 shall be for the Organization of
American States (OAS) Inter-American Drug Abuse Control
Commission (CICAD) Legal Development Project, except
that the proportion which such amount bears to the
total amount of contributions to this specific project
may not exceed the proportion which the United States
contribution to the budget of the Organization of
American States for that fiscal year bears to the total
contributions to the budget of the Organization of
American States for that fiscal year; and
[(3) $400,000 shall be for the Organization of
American States (OAS) Inter-American Drug Abuse Control
Commission (CICAD) Law Enforcement Training Project,
except that the proportion which such amount bears to
the total amount of contributions to this specific
project may not exceed the proportion which the United
States contribution to the budget of the Organization
of American States for that fiscal year bears to the
total contributions to the budget of the Organization
of American States for that fiscal year.]
Sec. 302. Authorization of Appropriations.--(a) There are
authorized to be appropriated to the President $281,908,000 for
fiscal year 2006 and such sums as may be necessary for fiscal
year 2007, for grants to carry out the purposes of this
chapter. Amounts appropriated pursuant to the authorization of
appropriations in this section are in addition to amounts
otherwise available for such purposes.
[(k)](b) In addition to amounts otherwise available under
this section, there is authorized to be appropriated to the
President such sums as may be necessary for each of the fiscal
years 2004 through 2008 to be available only for United States
contributions to the Vaccine Fund.
[(l)](c) In addition to amounts otherwise available under
this section, there is authorized to be appropriated to the
President such sums as may be necessary for each of the fiscal
years 2004 through 2008 to be available only for United States
contributions to the International AIDS Vaccine Initiative.
[(m)](d) In addition to amounts otherwise available under
this section, there are authorized to be appropriated to the
President such sums as may be necessary for each of the fiscal
years 2004 through 2008 to be available for United States
contributions to malaria vaccine development programs,
including the Malaria Vaccine Initiative of the Program for
Appropriate Technologies in Health (PATH).
* * * * * * *
Sec. 307. Withholding of United States Proportionate Share
for Certain Programs of International Organizations.--(a)
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated by this chapter shall be
available for the United States proportionate share for
programs for Burma, [Iraq,] North Korea, Syria, Libya, Iran,
Cuba, or the Palestine Liberation Organization or for projects
whose purpose is to provide benefits to the Palestine
Liberation Organization or entities associated with it, or at
the discretion of the President, Communist countries listed in
section 620(f) of this Act.
* * * * * * *
(e) Funds available in any fiscal year to carry out the
provisions of this chapter that are returned or not made
available for organizations and programs because of the
application of this section shall remain available for
obligation until September 30 of the fiscal year after the
fiscal year for which such funds are appropriated.
* * * * * * *
Sec. 451. Contingencies.--(a)(1) Notwithstanding any other
provision of law, the President is authorized to use funds made
available to carry out any provision of this Act (other than
the provisions of chapter 1 of this part or the Arms Export
Control Act (22 U.S.C. 2751 et seq.)) in order to provide, for
any unanticipated contingencies, assistance authorized by this
part in accordance with the provisions applicable to the
furnishing of such assistance, except that the authority of
this subsection may not be used to authorize the use of more
than [$25,000,000] $50,000,000 during any fiscal year.
* * * * * * *
SEC. 481. POLICY, GENERAL AUTHORITIES, COORDINATION, FOREIGN POLICE
ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.
* * * * * * *
Sec. 482. Authorization.--(a)* * *
* * * * * * *
[(g) Excess Property.--For]
(g) Excess Property.--
(1) Authority.--For purposes of this chapter, the
Secretary of State may use the authority of section
608, without regard to the restrictions of such
section, to receive [nonlethal] excess property
(including lethal or nonlethal property) from any
agency of the United States Government for the purpose
of providing such property to a foreign government
under the same terms and conditions as funds authorized
to be appropriated for the purposes of this chapter.
(2) Notification.--Before obligating any funds to
obtain lethal excess property under paragraph (1), the
Secretary shall submit a notification of such action to
Congress in accordance with the procedures set forth in
section 634A.
* * * * * * *
[Chapter 9--International Disaster Assistance]
Chapter 9--International Disaster and Famine Assistance
Sec. 491. Policy and General Authority.--(a) The Congress,
recognizing that prompt United States assistance to alleviate
human suffering caused by natural and [manmade disasters]
manmade disasters, including famine, is an important expression
of the humanitarian concern and tradition of the people of the
United States, affirms the willingness of the United States to
provide assistance for the relief and rehabilitation of people
and countries affected by such [disasters.] disasters and for
programs of reconstruction following such disasters.
(b) Subject to the limitations in section 492, and
notwithstanding any other provision of this or any other Act,
the President is authorized to furnish assistance to any
foreign country, international organization, or private
voluntary organization, on such terms and conditions as he may
determine, for international disaster relief and
rehabilitation, including assistance relating to disaster
preparedness, programs of reconstruction following disasters,
and to the prediction of, and contingency planning for, natural
disasters abroad.
(c) In carrying out the provisions of this section the
President shall insure that the assistance provided by the
United States shall, to the greatest extent possible, reach
those most in need of [relief and rehabilitation] relief,
rehabilitation, and reconstruction assistance as a result of
natural and manmade [disasters.] disasters, including famine.
* * * * * * *
Sec. 492. Authorization.--(a) There are authorized to be
appropriated to the President to carry out section 491,
[$25,000,000 for the fiscal year 1986 and $25,000,000 for the
fiscal year 1987] $655,500,000 for fiscal year 2006 and such
sums as may be necessary for fiscal year 2007. Amounts
appropriated under this section are authorized to remain
available until expended.
* * * * * * *
[Sec. 494. Disaster Relief Assistance.--There is authorized
to be appropriated, in addition to other sums available for
such purposes, $65,000,000 for use by the President for
disaster relief and emergency recovery needs in Pakistan, and
Nicaragua, under such terms and conditions as he may determine,
such sums to remai available until expended.]
SEC. 494. TRANSITION AND DEVELOPMENT ASSISTANCE.
(a) Transition and Development Assistance.--The President is
authorized to furnish assistance to support the transition to
democracy and to long-term development in accordance with the
general authority contained in section 491, including
assistance to--
(1) develop, strengthen, or preserve democratic
institutions and processes;
(2) revitalize basic infrastructure; and
(3) foster the peaceful resolution of conflict.
(b) Authorization of Appropriations.--There are authorized to
be appropriated to the President $325,000,000 for fiscal year
2006 and such sums as may be necessary for fiscal year 2007, to
carry out this section.
(c) Availability.--Amounts appropriated under this section
for the purpose specified in subsection (b)--
(1) are authorized to remain available until
expended; and
(2) are in addition to amounts otherwise available to
carry out this section.
* * * * * * *
Sec. 497.--[Authorizations of Appropriations for the
Development Fund for Africa.--] Availability of Funds._ * * *
* * * * * * *
SEC 498B. AUTHORITIES RELATING TO ASSISTANCE AND OTHER PROVISIONS.
(a) * * *
* * * * * * *
(j) Waiver of Certain Provisions.--
(1) In general.--Funds [authorized to be appropriated
for fiscal year 1993 by] made available to carry out
this chapter, and any other funds [appropriated for
fiscal year 1993] that are used under the authority of
subsection (f) or (g), may be used to provide
assistance under this chapter notwithstanding any other
provision of law, except for--
(A) * * *
* * * * * * *
SEC. 498C. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.-- * * *
(b) Operating Expenses.--
(1) Authority to transfer program funds.--Subject to
paragraph (2), funds made available [under subsection
(a)] to carry out this chapter may be transferred to,
and merged with, funds appropriated for ``Operating
Expenses of the Agency for International Development''.
Funds so transferred may be expended for administrative
costs in carrying out this chapter, including
reimbursement of the Department of State for its
incremental costs associated with assistance provided
under this chapter.
(2) Limitation on amount transferred.--Not more that
2 percent of the funds made available for a fiscal year
[under subsection (a)] to carry out this chapter may be
transferred pursuant to paragraph (1) unless, at least
15 days before transferring any additional amount, the
President notifies the appropriate congressional
committees in accordance with the procedures applicable
to re-programming notifications under section 634A of
this Act.
* * * * * * *
Sec. 505. Conditions of Eligibility.--(a) * * *
* * * * * * *
(f) Effective July 1, 1974, no defense article shall be
furnished to any country on a grant basis unless such country
shall have agreed that the net proceeds of sale received by
such country in disposing of any weapon, weapons system,
munition, aircraft, military boat, military vessel, or other
implement of war received under this chapter will be paid to
the United States Government and shall be available to pay all
official costs of the United States Government payable in the
currency of that country, including all costs relating to the
financing of international educational and cultural exchange
activities in which that country participates under the
programs authorized by the Mutual Educational and Cultural
Exchange Act of 1961. [In the case of items which were
delivered prior to 1985, the] The President may waive the
requirement that such net proceeds be paid to the United States
Government if he determines that to do so is in the national
interest of the United States.
* * * * * * *
Sec. 514. Stockpiling of Defense Articles for Foreign
Countries.--(a) * * *
(b)(1) The value of defense articles to be set aside,
earmarked, reserved, or intended for use as war reserve stocks
for allied or other foreign countries (other than for purposes
of the North Atlantic Treaty Organization or in the
implementation of agreements with Israel) in stockpiles located
in foreign countries may not exceed in any fiscal year an
amount that is specified in security assistance authorizing
legislation for that fiscal year.
(2)(A) The value of such additions to stockpiles of
defense articles in foreign countries shall not exceed
$100,000,000 [for fiscal years 2004 and 2005] for each
of fiscal years 2006 and 2007.
* * * * * * *
Sec. 532. Authorizations of Appropriations.--[(a) There are
authorized to be appropriated to the President to carry out the
purposes of this chapter--] (a) There are authorized to be
appropriated to the President to carry out the purposes of this
chapter $3,036,375,000 for fiscal year 2006 and such sums as
may be necessary for fiscal year 2007.
* * * * * * *
Sec. 534. Administration of Justice.--(a) The President may
furnish assistance under this part to countries and
organizations, including national and regional institutions, in
order to strengthen the administration of justice [in countries
in Latin America and the Caribbean].
(b) Assistance under this section may only include--
(1) * * *
* * * * * * *
(3) notwithstanding section 2420 of this title--
(A) * * *
* * * * * * *
(C) programs to improve the administrative
and management capabilities of law enforcement
agencies, especially their capabilities
relating to career development, personnel
evaluation, and internal discipline
[procedures; and] procedures;
(D) programs, conducted through multilateral
or regional institutions, to improve penal
institutions and the rehabilitation of
offenders; and
(E) programs to enhance the protection of
participants in judicial cases;
* * * * * * *
[(c) Not more than $20,000,000 of the funds made available
to carry out this part for any fiscal year shall be available
to carry out this section, in addition to amounts otherwise
available for such purposes.]
[(d)](c) Funds may not be obligated for assistance under
this section unless the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate are notified of the amount and nature of the
proposed assistance at least 15 days in advance in accordance
with the procedures applicable to reprogrammings pursuant to
section 634A of this title.
[(e)](d) Personnel of the Department of Defense and members
of the United States Armed Forces may not participate in the
provision of training under this section. [Of the funds made
available to carry out this section, not more than $10,000,000
may be made available in fiscal year 1991 to carry out the
provisions of subsection (b)(3) of this section. The authority
of this section shall expire on September 30, 1991.]
* * * * * * *
Sec. 541. General Authority.--The President is authorized
to furnish, on such terms and conditions consistent with this
Act as the President may determine (but whenever feasible on a
reimbursable basis), military education and training to
military and related civilian personnel of foreign countries
and comparable personnel of international organizations. Such
civilian personnel shall include foreign governmental personnel
of ministries other than ministries of defense, and may also
include legislators and individuals who are not members of the
government, if the military education and training would (i)
contribute to responsible defense resource management, (ii)
foster greater respect for and understanding of the principle
of civilian control of the military, (iii) contribute to
cooperation between military and law enforcement personnel with
respect to counternarcotics law enforcement efforts, or (iv)
improve military justice systems and procedures in accordance
with internationally recognized human rights. Such training and
education may be provided through--
* * * * * * *
* * * * * * *
Sec. 542. Authorization.--[There are authorized to
appropriated to the President to carry out the purposes of this
chapter $56,221,000 for fiscal year 1986 and $56,221,000 for
the fiscal year 1987] There are authorized to be appropriated
to the President to carry out the purposes of this chapter
$86,744,000 for the fiscal year 2006 and such sums as may be
necessary for fiscal year 2007.
* * * * * * *
Sec. 551. General Authority.--The President is authorized
to furnish assistance to friendly countries and international
organizations, on such terms and conditions as he may
determine, for peacekeeping operations and other programs
carried out in furtherance of the national security interests
of the United States. [Such assistance may include
reimbursements]
(1) Reimbursements to the Department of Defense for
expenses incurred pursuant to section 7 of the United
Nations Participation Act of 1945, except that such
reimbursements may not exceed $5,000,000 in any fiscal
year unless a greater amount is specifically authorized
by this section.
(2) Demining activities, clearance of unexploded
ordnance, destruction of small arms, and related
activities, notwithstanding any other provision of law.
* * * * * * *
Sec. 552. Authorization of Appropriations.--(a) [There are
authorized to appropriated to the President to carry out the
purposes of this chapter, in addition to amounts otherwise
available for such purposes, $37,000,000 for the fiscal year
1986 and $37,000,000 for the fiscal year 1987] There are
authorized to be appropriated to the President to carry out the
purposes of this chapter, in addition to amounts otherwise
available for such purposes, $195,800,000 for the fiscal year
2006 and such sums as may be necessary for fiscal year 2007.
* * * * * * *
Sec 614. Special Authorities.--
(a) Furnishing of assistance and arms export sales,
credits, and guaranties upon determination and notification of
Congress of importance and vitality of such action to security
interests and national security interests of United States;
policy justification; fiscal year limitations; transfers
between accounts.
[(1) The President may authorize the furnishing of
assistance under this Act without regard to any
provision of this Act, the Arms Export Control Act, any
law relating to receipts and credits accruing to the
United States, and any Act authorizing or appropriating
funds for use under this Act, in furtherance of any of
the purposes of this Act, when the President
determines, and so notifies in writing the Speaker of
the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate, that to
do so is important to the security interests of the
United States.
[(2) The President may make sales, extend credit, and
issue guaranties under the Arms Export Control Act,
without regard to any provision of this Act, the Arms
Export Control Act, any law relating to receipts and
credits accruing to the United States, and any Act
authorizing or appropriating funds for use under the
Arms Export Control Act, in furtherance of any of the
purposes of such Act, when the President determines,
and so notifies in writing the Speaker of the House of
Representatives and the chairman of the Committee on
Foreign Relations of the Senate, that to do so is vital
to the national security interests of the United
States.]
(1) The President may authorize any assistance, sale,
or other action under this Act, the Arms Export Control
Act (22 U.S.C. 2751 et seq.), or any other law that
authorizes the furnishing of foreign assistance or the
appropriation of funds for foreign assistance, without
regard to any of the provisions described in subsection
(b) if the President determines, and notifies the
Committees on Foreign Relations and Appropriations of
the Senate and the Committees on International
Relations and Appropriations of the House of
Representatives in writing--
(A) with respect to assistance or other
actions under chapter 2 or 5 of part II of this
Act, or sales or other actions under the Arms
Export Control Act, that to do so is vital to
the national security interests of the United
States; and
(B) with respect to other assistance or
actions, that to do so is important to the
security interests of the United States.
[(3)](2) Before exercising the authority granted in
this subsection, the President shall consult with, and
shall provide a written policy justification to, the
Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
[(4)](3)(A) The authority of this subsection may not
be used in any fiscal year to authorize--
(i) more than $750,000,000 in sales to be
made under the Arms Export Control Act;
(ii) the use of more than $250,000,000 of
funds made available for use under this Act or
the Arms Export Control Act; and
(iii) the use of more than $100,000,000 of
foreign currencies accruing under this Act or
any other law.
(B) If the authority of this subsection is used both
to authorize a sale under the Arms Export Control Act
and to authorize funds to be used under the Arms Export
Control Act or under this Act with respect to the
financing of that sale, then the use of the funds shall
be counted against the limitation in subparagraph
(A)(ii) and the portion, if any, of the sale which is
not so financed shall be counted against the limitation
in subparagraph (A)(i).
(C) Not more than [$50,000,000] $75,000,000 of the
$250,000,000 limitation provided in subparagraph
(A)(ii) may be allocated to any one country in any
fiscal year unless that country is a victim of active
aggression, and not more than $500,000,000 of the
aggregate limitation of $1,000,000,000 provided in
subparagraphs (A)(i) and (A)(ii) may be allocated to
any one country in any fiscal year.
[(5)](4) The authority of this section may not be
used to waive the limitations on transfers contained in
section 610(a) of this Act [22 USCS 2360(a)].
[(b) United States obligations in West Germany. Whenever
the President determines it to be important to the national
interest, he may use funds available for the purposes of
chapter 4 of part I in order to meet the responsibilities or
objectives of the United States in Germany, including West
Berlin, and without regard to such provisions of law as he
determines should be disregarded to achieve this purpose.
[(c) Certification by President of inadvisability to
specify nature of use of funds; reports to Congress. The
President is authorized to use amounts not to exceed
$50,000,000 of the funds made available under this Act pursuant
to his certification that it is inadvisable to specify the
nature of the use of such funds, which certification shall be
deemed to be a sufficient voucher for such amounts. The
President shall fully inform the chairman and ranking minority
member of the Committee on Foreign Affairs of the House of
Representatives and the chairman and ranking minority member of
the Committee on Foreign Relations of the Senate of each use of
funds under this subsection prior to the use of such funds.]
(b) Inapplicable or Waivable Laws.--The provisions referred
to in subsection (a) are those set forth in any of the
following:
(1) Any provision of this Act.
(2) Any provision of the Arms Export Control Act (22
U.S.C. 2751 et seq.).
(3) Any provision of law that authorizes the
furnishing of foreign assistance or appropriates funds
for foreign assistance.
(4) Any other provision of law that restricts
assistance, sales or leases, or other action under a
provision of law referred to in paragraph (1), (2), or
(3).
(5) Any provision of law that relates to receipts and
credits accruing to the United States.
* * * * * * *
SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION CRISIS.
(a) Authority.--If the President determines that it is
important to the national interests of the United States for
United States civilian agencies or non-Federal employees to
assist in stabilizing and reconstructing a country or region
that is in, or is in transition from, conflict or civil strife,
the President may, in accordance with the provisions set forth
in section 614(a)(3), notwithstanding any other provision of
law, and on such terms and conditions as the President may
determine, furnish assistance to respond to the crisis.
(b) Special Authorities.--To provide assistance authorized in
subsection (a), the President may exercise the authorities
contained in sections 552(c)(2), 610, and 614 of this Act
without regard to the percentage and aggregate dollar
limitations contained in such sections.
(c) Authorization of Funding.--
(1) Initial authorization.--There is authorized to be
appropriated, without fiscal year limitation,
$100,000,000 in funds that may be used to provide
assistance authorized in subsection (a).
(2) Replenishment.--There is authorized to be
appropriated each fiscal year such sums as may be
necessary to replenish funds expended as provided under
paragraph (1). Funds authorized to be appropriated
under this paragraph shall be available without fiscal
year limitation for the same purpose and under the same
conditions as are provided under paragraph (1).
* * * * * * *
Sec. 620. Prohibitions Against Furnishing Assistance.--(a)
* * *
* * * * * * *
(l) * * *
(m)(1) No assistance may be furnished under this Act or the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
government of a country if the duly elected head of government
for such country is deposed by decree or military coup. The
prohibition in the preceding sentence shall cease to apply to a
country if the President determines and certifies to the
Committee on Foreign Relations of the Senate and the Committee
on International Relations of the House of Representatives that
after the termination of assistance a democratically elected
government for such country has taken office.
(2) Paragraph (1) does not apply to assistance to promote
democratic elections or public participation in democratic
processes.
(3) The President may waive the application of paragraph (1),
and any comparable provision of law, to a country upon
determining that it is important to the national security
interest of the United States to do so.
* * * * * * *
Sec. 624. Statutory Officers.--(a) * * *
* * * * * * *
(c) * * *
(d) Whenever the President submits to the Senate a nomination
of an individual for appointment to a position authorized under
subsection (a), the President shall designate the particular
position in the agency for which the individual is nominated.
* * * * * * *
Sec 634A. Notification of Program Changes.--(a) * * *
(b) The notification requirement of this section does not
apply to the reprogramming--
(1) of funds to be used for an activity, program, or
project under chapter 1 of part I (22 USC 2151 et seq.)
if the amounts to be obligated for that activity,
program, or project for that fiscal year do not exceed
by more than 10 percent the amount justified to the
Congress for that activity, program, or project for
that fiscal year; [or]
(2) of less than $25,000 to be used under chapter 8
of part I (22 USC 2291 et seq.), or under chapter 5 of
part II (22 USC 2347 et seq.), for a country for which
a program under that chapter (22 USC 2347 et seq.) for
that fiscal year was justified to the Congress[.] ;
(3) of funds if the advance notification would pose a
substantial risk to human health or welfare, but such
notification shall be provided to the committees of
Congress named in subsection (a) not later than 3 days
after the action is taken; or
(4) of funds made available under section 23 of the
Arms Export Control Act (22 U.S.C. 2763) for the
provision of major defense equipment (other than
conventional ammunition), aircraft, ships, missiles, or
combat vehicles in quantities not in excess of 20
percent of the quantities previously justified under
section 25 of such Act (22 U.S.C. 2765).
* * * * * * *
Sec. 635. General Authorities.--(a) * * *
* * * * * * *
(h) A contract or agreement which entails commitments for
the expenditure of funds [available under chapter 1 (22 USC
2151 et seq.) (except development loans) and title II of
chapter 2 of part I (22 USC 2171 et seq.) and under part II
may,] made available under the Act may, subject to any future
action of the Congress, extend at any time for not more than
five years.
[(i) Settlement and arbitration of claims arising under
investment guaranty operations. Claims arising as a result of
investment guaranty operations may be settled, and disputes
arising as a result thereof may be arbitrated with the consent
of the parties, on such terms and conditions as the President
may direct. Payment made pursuant to any such settlement, or as
a result of arbitration award, shall be final and conclusive
notwithstanding any other provision of law.]
(i) Notwithstanding any other provision of law, claims
arising as a result of operations under this Act may be settled
(including by use of alternative dispute resolution procedures)
or arbitrated with the consent of the parties. Payment made
pursuant to any such settlement or arbitration shall be final
and conclusive.
* * * * * * *
636. Availability of Funds.--(a) * * *
(1) * * *
* * * * * * *
(3) contracting with individuals for personal
services abroad: Provided, That such individuals shall
not be regarded as employees of the United States
Government for the purpose of any law administered by
the [Civil Service Commission] Office of Personnel
Management;
(4) * * *
[(5) purchase and hire of passenger motor vehicles:
Provided, That, except as may otherwise be provided in
an appropriation or other Act, passenger motor vehicles
for administrative purposes outside the United States
may be purchased for replacement only, and such
vehicles may be exchanged or sold and replaced by an
equal number of such vehicles, and the cost, including
exchange allowance, of each such replacement shall not
exceed the current market price in the United States of
a mid-sized sedan or station wagon meeting the
requirements established by the General Services
Administration for a Class III vehicle of United States
manufacture (or, if the replacement vehicle is a right-
hand drive vehicle, 120 percent of that price) in the
case of an automobile for the chief of any special
mission or staff outside the United States established
under section 631 (22 USC 2391): Provided further, That
passenger motor vehicles, other than one for the
official use of the head of the agency primarily
responsible for administering part I, may be purchased
for use in the United States only as may be
specifically provided in an appropriation or other
Act;]
(5) purchase and hire of passenger motor vehicles;
* * * * * * *
(10) rent or lease outside the United States [for not
to exceed ten years] of offices, buildings, grounds,
and quarters, including living quarters to house
personnel, and payments therefor in advance;
maintenance, furnishings, necessary repairs,
improvements, and alterations to properties owned or
rented by the United States Government or made
available for use to the United States Government
outside the United States; and costs of fuel, water,
and utilities for such properties;
* * * * * * *
(c) Notwithstanding any other law, [not to exceed
$6,000,000 of the] funds available for assistance under this
Act may be used in any fiscal year (in addition to funds
available for such use under other authorities in this Act) to
construct or otherwise acquire outside the United States (1)
essential living quarters, office space, and necessary
supporting facilities for use of personnel carrying out
activities authorized by this Act, and (2) schools (including
dormitories and boarding facilities) and hospitals for use of
personnel carrying out activities authorized by this Act,
United States Government personnel, and their dependents. In
addition, funds made available for assistance under this Act
may be used, notwithstanding any other law, to equip, staff,
operate, and maintain such schools and hospitals.
(d) [Not to exceed $2,500,000 of funds] Funds available for
assistance under this Act may be used in any fiscal year to
provide assistance, on such terms and conditions as are deemed
appropriate, to schools established, or to be established,
outside the United States whenever it is determined that such
action would be more economical or would best serve the
interests of the United States in providing for the education
of dependents of personnel carrying out activities authorized
by this Act and dependents of United States Government
personnel, in lieu of acquisition or construction pursuant to
subsection (c) of this section.
* * * * * * *
SEC. 655. ANNUAL MILITARY ASSISTANCE REPORT.
(a) Report required. * * *
* * * * * * *
[(c) Availability on Internet.--All unclassified portions
of such report shall be made available to the public on the
Internet through the Department of State.]
(c) Availability of Report Information on the Internet.--
(1) Requirement for database.--The Secretary of
State, in consultation with the Secretary of Defense,
shall make available to the public the unclassified
portion of each such report in the form of a database
that is available via the Internet and that may be
searched by various criteria.
(2) Schedule for updating.--Not later than April 1 of
each year, the Secretary of State shall make available
in the database the information contained in the annual
report for the fiscal year ending the previous
September 30.
* * * * * * *
Sec. 660. Police Training Prohibition.--(a) * * *
(b) Subsection (a) of this section shall not apply--
(1) * * *
* * * * * * *
(4) with respect to assistance provided to police
forces in connection with their participation in the
regional security system of the Eastern Caribbean
states; [or]
(5) with respect to assistance, including training,
relating to sanctions monitoring and enforcement;
(6) with respect to assistance provided to
reconstitute civilian police authority and capability
in the post-conflict restoration of host nation
infrastructure for the purposes of supporting a nation
emerging from instability, [and the provision of
professional public safety training, to include
training in internationally recognized standards of
human rights, the rule of law, anti-corruption, and the
promotion of civilian police roles that support
democracy] including any regional, district, municipal,
or other subnational entity emerging from instability;
(7) with respect to assistance provided to customs
authorities and personnel, including training,
technical assistance and equipment, for customs law
enforcement and the improvement of customs laws,
systems and procedures[.] ;
(8) with respect to assistance to combat corruption
in furtherance of the objectives for which programs are
authorized to be established under section 133 of this
Act;
(9) with respect to the provision of professional
public safety training, including training in
internationally recognized standards of human rights,
the rule of law, and the promotion of civilian police
roles that support democracy; or
(10) with respect to assistance to combat trafficking
in persons.Notwithstanding clause (2), subsection (a)
shall apply to any renewal or extension of any contract
referred to in such paragraph entered into on or after
such date of enactment.
(c) Country with longstanding democratic tradition, etc.
Subsection (a) shall not apply with respect to a country which
has a longstanding democratic tradition, does not have standing
armed forces, and does not engage in a consistent pattern of
gross violations of internationally recognized human rights.
[(d) Assistance to Honduras or El Salvador. Notwithstanding
the prohibition contained in subsection (a) assistance may be
provided to Honduras or El Salvador for fiscal years 1986 and
1987 if, at least 30 days before providing assistance, the
President notifies the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate, in accordance with the procedures applicable to
reprogramming notifications pursuant to section 634A of this
Act (22 USC 2394-1), that he has determined that the government
of the recipient country has made significant progress, during
the preceding six months, in eliminating any human rights
violations including torture, incommunicado detention,
detention of persons solely for the nonviolent expression of
their political views, or prolonged detention without trial.
Any such notification shall include a full description of the
assistance which is proposed to be provided and of the purposes
to which it is to be directed.]
(d) Subsection (a) shall not apply to assistance for law
enforcement forces for which the President, on a case-by-case
basis, determines that it is important to the national interest
of the United States to furnish such assistance and submits to
the committees of the Congress referred to in subsection (a) of
section 634A of this Act an advance notification of the
obligation of funds for such assistance in accordance with such
section 634A.
* * * * * * *
Sec. 667. Operating [Expenses] Expenses of the United
States Agency for International Development.--(a) There are
authorized to be appropriated to the President, in addition fo
funds otherwise available for such purposes--
[(1) $387,000,000 for the fiscal year 1986 and
$387,000,000 for the fiscal year 1987 for necessary
operating expenses of the agency primarily responsible
for administering part I of this Act, of which
$21,750,000 for the fiscal year 1987 is authorized for
the necessary operating expenses of the Office of the
Inspector General of the Agency for International
Development and the remaining amount for the fiscal
year is authorized for other necessary operating
expenses of that agency and]
(1) $623,400,000 for the fiscal year 2005 for
necessary operating expenses of the United States
Agency for International Development; and
(2) such amounts as may be necessary for increases in
salary, pay, retirement, and other employee benefits
authorized by law, and for other nondiscretionary costs
of such [agency] Agency.
(b) There are authorized to be appropriated to the President,
in addition to funds available under subsection (a) or any
other provision of law for such purposes--
(1) $36,400,000 for fiscal year 2005 for necessary
operating expenses of the Office of Inspector General
of the United States Agency for International
Development; and
(2) such amounts as may be necessary for increases in
pay, retirement, and other employee benefits authorized
by law for the employees of such Office, and for other
nondiscretionary costs of such Office.
[(b)](c) Amounts appropriated under this section are
authorized to reamin abailable until expended.
* * * * * * *
PART VI--SPECIAL DEBT RELIEF FOR THE POOREST COUNTRIES
SEC. 901. SPECIAL DEBT RELIEF FOR THE POOREST COUNTRIES.
(a) Authority.--Subject to subsections (b) and (c), the
President may reduce amounts owed to the United States (or any
agency of the United States) by an eligible country as a result
of any of the following transactions:
(1) Concessional loans extended under part I or
chapter 4 of part II, or antecedent foreign economic
assistance laws.
(2) Guarantees issued under sections 221 and 222.
(3) Credits extended or guarantees issued under the
Arms Export Control Act (22 U.S.C. 2751 et seq.).
(4) Any obligation, or portion of such obligation, to
pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to--
(A) section 5(f) of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714c(f));
(B) section 201(b) of the Agricultural Trade
Act of 1978 (7 U.S.C. 5621(b)); or
(C) section 202 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5622).
(b) General Limitations.--
(1) Exclusive conditions.--The authority provided in
subsection (a) may be exercised--
(A) only to implement multilateral official
debt relief and referendum agreements, commonly
referred to as `Paris Club Agreed Minutes';
(B) only in such amounts or to such extent as
is provided in advance in appropriations Acts;
and
(C) only with respect to countries with heavy
debt burdens that--
(i) are eligible to borrow from the
International Development Association,
but not from the International Bank for
Reconstruction and Development,
commonly referred to as `IDA-only'
countries; and
(ii) are not determined ineligible
under subsection (c).
(2) Advance notification of congress.--The authority
provided by subsection (a) shall be subject to the
requirements of section 634A.
(c) Eligibility Limitations.--The authority provided by
subsection (a) may be exercised only with respect to a country
the government of which, as determined by the President--
(1) does not make an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) does not engage, through its military or security
forces or by other means, in a consistent pattern of
gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance under section
527 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (22 U.S.C. 2370a).
(d) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) may not be considered assistance for
purposes of any provision of law limiting assistance to a
country. The authority provided in subsection (a) may be
exercised notwithstanding section 620(r) of this Act or section
321 of the International Development and Food Assistance Act of
1975 (22 U.S.C. 2220a note).
* * * * * * *
Foreign Service Act of 1980
* * * * * * *
Sec. 301. General Provisions Relating to Appointments.--(a)
Only citizens of the United States may be appointed to the
Service, other than for service abroad as a consular agent or
as a foreign national employee.
(b) The Secretary shall prescribe, as appropriate, written,
oral, physical, foreign language, and other examinations for
appointment to the Service (other than as a chief of mission or
ambassador at large). At the time of entry into the Service,
each member of the Service must be worldwide available, as
determined by the Secretary of State through appropriate
medical examinations, unless the Secretary determines that a
waiver of the worldwide availability requirement is required to
fulfill a compelling Service need.
* * * * * * *
Sec. 302. Appointments by the President.--(a)(1) * * *
* * * * * * *
(B)(i) * * *
(ii) The President may confer such personal rank only if,
prior to such conferral, he transmits to the Committee on
Foreign Relations of the Senate a written report setting
forth--
(I)-(III) * * *
(IV) all relevant information concerning any
potential conflict of interest which the proposed
recipient of such personal rank may have with regard to
the special mission, including information that is
required to be disclosed on the Standard Form 278, or
any successor financial disclosure report.
Such report shall be transmitted not less than 30 days prior to
conferral of the personal rank of ambassador or minister except
in cases where the President certifies in his report that
urgent circumstances require the immediate conferral of such
rank.
* * * * * * *
Sec. 305. Appointment to the Senior Foreign Service.--(a) *
* *
* * * * * * *
[(d) The Secretary shall by regulation establish a
recertification process for members of the Senior Foreign
Service that is equivalent to the recertification process for
the Senior Executive Service under section 3993a of title 5,
United States Code.] Section 305(d) of the Foreign Service Act
of 1980 (22 U.S.C. 3945(d)) is repealed.
* * * * * * *
Sec. 309. Limited Appointments.--(a) A limited appointment
in the Service, including an appointment of an individual who
is an employee of an agency, may not exceed 5 years in duration
and, except as provided in [subsection (b)] subsections (b) and
(c), may not be extended or renewed. A limited appointment in
the Service which is limited by its terms to a period of one
year or less is a temporary appointment.
(b) A limited appointment may be extended for continued
service--
(1) as a consular agent;
(2) in accordance with section 311(a);
[(3) as a career candidate, if continued service is
determined appropriate to remedy a matter that would be
cognizable as a grievance under chapter 11;]
(3) as a career candidate if--
(A) continued service is determined
appropriate to remedy a matter that would be
cognizable as a grievance under chapter 11; or
(B) the career candidate is called to
military active duty under chapter 43 of title
38, United States Code, and the limited
appointment expires in the course of such
military active duty;
(4) as a career employee in another Federal personnel
system serving in a Foreign Service position on detail
from another agency; [and]
(5) as a foreign national employee; and
(6) in exceptional circumstances when the Secretary
determines the needs of the Service require the
extension of a limited appointment--
(A) for a period of time not to exceed 12
months provided such period of time does not
permit additional review by the boards under
section 306; or
(B) in order to settle a grievance, claim, or
complaint not otherwise provided for in this
section.
(c)(1) Non-career specialist employees who have served five
consecutive years under a limited appointment may be
reappointed to a subsequent limited appointment, provided that
there is a one-year break in service between each appointment.
(2) The requirement for a one-year break in service may be
waived by the Secretary of State in cases of special need.
* * * * * * *
Sec. 503. Assignments to Agencies, International
Organizations, [and] Foreign Governments, or Other Bodies.--
(a) The Secretary may (with the concurrence of the agency,
organization, or other body concerned) assign a member of the
Service for duty--
(1) in a non-Foreign Service (including Senior
Executive Service) position in the Department or
another agency, or with an international organization,
international commission, or other international body,
or with a foreign government under section 506 or 507;
* * * * * * *
Sec. 506. Fellowship of Hope.--(a) The Secretary is
authorized to establish the Fellowship of Hope Program. Under
the program, the Secretary may assign a member of the Service,
for not more than one year, to a position with any designated
country or designated entity that permits an employee to be
assigned to a position with the Department.
(b) The salary and benefits of a member of the Service shall
be paid as described in subsection (b) of section 503 during a
period in which such member is participating in the Fellowship
of Hope Program. The salary and benefits of an employee of a
designated country or designated entity participating in such
program shall be paid by such country or entity during the
period in which such employee is participating in the program.
(c) In this section:
(1) The term ``designated country'' means a member
country of--
(A) the North Atlantic Treaty Organization;
or
(B) the European Union.
(2) The term ``designated entity'' means--
(A) the North Atlantic Treaty Organization;
or
(B) the European Union.
Sec. 507. Security Officers Exchange.--(a) The Secretary is
authorized to establish the Security Officers Exchange Program.
Under the program, the Secretary may assign a member of the
service, for not more than a total of 3 years, to a position
with the Government of Australia or the United Kingdom if such
Government permits an employee of such Government to be
assigned to a position with the Department.
(b) The salary and benefits of the members of the service
shall be paid as described in section 503(b) during a period in
which such officer is participating in the Security Officers
Exchange Program. The salary and benefits of an employee of the
Government of Australia or the United Kingdom participating in
such program shall be paid by such country during the period in
which such employee is participating in the program.
* * * * * * *
Sec. 610. Separation for Cause; Suspension.--(a)(1) The
Secretary may decide to separate any member from the Service
for such cause as will promote the efficiency of the Service.
* * * * * * *
(c)(1) The Secretary may suspend a member of the Service
without pay when there is reasonable cause to believe that the
member has committed a crime for which a sentence of
imprisonment may be imposed and there is a connection between
the conduct and the efficiency of the Service.
(2) Any member of the Service for which a suspension is
proposed shall be entitled to--
(A) written notice stating the specific
reasons for the proposed suspension;
(B) a reasonable time to respond orally and
in writing to the proposed suspension;
(C) representation by an attorney or other
representative; and
(D) a final written decision, including the
specific reasons for such decision, as soon as
practicable.
(3) Any member suspended under this section may file
a grievance in accordance with the procedures
applicable to grievances under chapter 11 of this
title.
(4) In the case of a grievance filed under paragraph
(3)--
(A) the review by the Foreign Service
Grievance Board shall be limited to a
determination of whether the reasonable cause
requirement has been fulfilled and whether
there is a connection between the conduct and
the efficiency of the Service; and
(B) the Foreign Service Grievance Board may
not exercise the authority provided under
section 1106(8).
(5) In this subsection:
(A) The term ``reasonable time'' means--
(i) with respect to a member of the
Service assigned to duty in the United
States, at least 15 days after
receiving notice of the proposed
suspension; and
(ii) with respect to a member of the
Service assigned to duty outside the
United States, at least 30 days after
receiving notice of the proposed
suspension.
(B) The term ``suspend'' or ``suspension''
means the placing of a member of the Service in
a temporary status without duties and pay.
* * * * * * *
Sec. 701. Institution for Training .--(a) Institution or
Center for Training.-- * * *
* * * * * * *
(g) Stabilization and Reconstruction Curriculum.--
(1) Establishment and mission.--The Secretary, in
cooperation with the Secretary of Defense and the
Secretary of the Army, is authorized to establish a
stabilization and reconstruction curriculum for use in
programs of the Foreign Service Institute, the National
Defense University, and the United States Army War
College.
(2) Curriculum content.--The curriculum shall include
the following:
(A) An overview of the global security
environment, including an assessment of
transnational threats and an analysis of United
States policy options to address such threats.
(B) A review of lessons learned from previous
United States and international experiences in
stabilization and reconstruction activities.
(C) An overview of the relevant
responsibilities, capabilities, and limitations
of various Executive agencies (as that term is
defined in section 105 of title 5, United
States Code) and the interactions among them.
(D) A discussion of the international
resources available to address stabilization
and reconstruction requirements, including
resources of the United Nations and its
specialized agencies, nongovernmental
organizations, private and voluntary
organizations, and foreign governments,
together with an examination of the successes
and failures experienced by the United States
in working with such entities.
(E) A study of the United States interagency
system.
(F) Foreign language training.
(G) Training and simulation exercises for
joint civilian-military emergency response
operations.
[(g)] (h) The authorities of section 704 shall apply to
training and instruction provided under this section.
* * * * * * *
Sec. 824. Reemployment.--(a) * * *
* * * * * * *
[(g) The Secretary of State may waive the application of
the paragraphs (a) through (d) of this section, on a case-by-
case basis, for an annuitant reemployed on a temporary basis,
but only if, and for so long as, the authority is necessary due
to an emergency involving a direct threat to life or property
or other unusual circumstances.]
(g)(1) The Secretary of State may waive the application of
subsections (a) through (d) on a case-by-case basis for an
annuitant reemployed on a temporary basis--
(A) if, and for so long as, such waiver is necessary
due to an emergency involving a direct threat to life
or property or other unusual circumstances; or
(B) if the annuitant is employed in a position for
which there is exceptional difficulty in recruiting or
retaining a qualified employee.
(2) An annuitant for whom a waiver has been granted under
paragraph (1) shall not be deemed to be a member of the Service
for purposes of this chapter.
(3) The authority of the Secretary of State under paragraph
(1)(B) to waive the application of subsections (a) through (d)
shall expire on September 30, 2007.
* * * * * * *
Sec. 901. Travel and Related Expenses.--The Secretary may
pay the travel and related expenses of members of the Service
and their families, including costs or expenses incurred for--
(1) * * *
* * * * * * *
(6) rest and recuperation travel of members of the Service
who are United States citizens, and members of their families,
while serving at locations abroad specifically designated by
the Secretary for purposes of this paragraph, to--
(A) other locations abroad having different social,
climatic, or other environmental conditions than those
at the post at which the member of the Service is
serving, or
(B) locations in the United States;
except that, unless the Secretary otherwise specifies in
extraordinary circumstances, travel expenses under this
paragraph shall be limited to the cost for a member of the
Service, and for each member of the family of the member, of 1
round trip during any continous 2-year tour [unbroken by home
leave] and of 2 round trips during any continuous 3-year tour
[unbroken by home leave].
* * * * * * *
Sec. 903. Required Leave in the United States.--(a) The
Secretary may order a member of the Service (other than a
member employed under section 311) who is a citizen of the
United States to take a leave of absence under section 6305 of
title 5, United States Code (without regard to the introductory
clause of subsection (a) of that section), upon completion by
that member of [18 months] 12 months of continuous service
abroad. The Secretary shall order on such a leave of absence a
member of the Service (other than a member employed under
section 311) who is a citizen of the United States as soon as
possible after completion by that member of 3 years of
continuous service abroad.
* * * * * * *
Sec. 904. Health Care.--(a) * * *
* * * * * * *
(g) Reimbursements paid to the Secretary of State for funding
the costs of medical care abroad for employees and eligible
family members shall be credited to the currently available
applicable appropriation account. Such reimbursements shall be
available for obligation and expenditure during the fiscal year
in which they are received or for such longer period of time as
may be provided in law.
* * * * * * *
* * * * * * *
Sec. 1106. Board Procedures.--The Board may adopt
regulations concerning its organization and procedures. Such
regulations shall include provision for the following:
(1) * * *
* * * * * * *
(8) If the Board determines that the Department is
considering the involuntary separation of the grievant
(other than an involuntary separation for cause under
section 610(a)), disciplinary action against [the
grievant or] the grievant, or recovery from the
grievant of alleged overpayment of salary, expenses, or
allowances, which is related to a grievance pending
before the Board and that such action should be
suspended, the Department shall suspend such action
until the date which is one year after such
determination or until the Board has ruled upon the
grievance, whichever comes first. The Board shall
extend the one-year limitation under the preceding
sentence and the Department shall continue to suspend
such action, if the Board determines that the agency or
the board is responsible for the delay in the
resolution of the grievance. The Board may also extend
the 1-year limit if it determines that the delay is due
to the complexity of the case, the unavailability of
witnesses or to circumstances beyond the control of the
agency, the Board or the grievant. Notwithstanding such
suspension of action, the head of the agency concerned
or a chief of mission or principal officer may exclude
the grievant from official premises or from the
performance of specified functions when such exclusion
is determined in writing to be essential to the
functioning of the post or office to which the grievant
is assigned.
* * * * * * *
Arms Export Control Act
* * * * * * *
Sec. 3. Eligibility.--(a) * * *
* * * * * * *
(d)(1) [Subject to paragraph (5), the] The President may
not give his consent under paragraph (2) of subsection (a) or
under the third sentence of such subsection, or under section
505(a)(1) or 505(a)(4) of the Foreign Assistance Act of 1961,
to a transfer of any major defense equipment valued (in terms
of its original acquisition cost) at [$14,000,000] $50,000,000
or more, or any defense article or related training or other
defense [service valued (in terms of its original acquisition
cost) at $50,000,000] service valued (in terms of its original
acquisition cost) at $100,000,000 or more, unless the President
submits to the Speaker of the House of Representatives and the
Committee on Foreign Relations of the Senate a written
certification with respect to such proposed transfer
containing--
* * * * * * *
(3)(A) [Subject to paragraph (5), the] The President may
not give his consent to the transfer of any major defense
equipment valued (in terms of its original acquisition cost) at
[$14,000,000] $50,000,000 or more, or of any defense article or
defense [service valued (in terms of its original acquisition
cost) at $50,000,000] service valued (in terms of its original
acquisition cost) at $100,000,000 or more, the export of which
has been licensed or approved under section 38 of this Act,
unless before giving such consent the President submits to the
Speaker of the House of Representatives and the Chairman of the
Committee on Foreign Relations of the Senate a certification
containing the information specified in subparagraphs (A)
through (E) of paragraph (1). Such certification shall be
submitted--
* * * * * * *
[(5) In the case of a transfer to a member country of the
North Atlantic Treaty Organization (NATO) or Australia, Japan,
or New Zealand that does not authorize a new sales territory
that includes any country other than such countries, the
limitations on consent of the President set forth in paragraphs
(1) and (3)(A) shall apply only if the transfer is--
[(A) a transfer of major defense equipment valued (in
terms of its original acquisition cost) at $25,000,000
or more; or
[(B) a transfer of defense articles or defense
services valued (in terms of its original acquisition
cost) at $100,000,000 or more).]
* * * * * * *
Sec. 21. Sales From Stocks.--(a) * * *
* * * * * * *
(h)(1) * * *
* * * * * * *
(2)In carrying out the objectives of this section, the
President is authorized to provide cataloging data and
cataloging services without charge, [to the North Atlantic
Treaty Organization or to any member government of that
Organization if that Organization or member government] to the
North Atlantic Treaty Organization, to any member government of
that Organization, or to the government of any other country if
that Organization, member government, or other government
provides such data and services in accordance with an agreement
on a reciprocal basis, without charge, to the United States
Government.
* * * * * * *
Sec. 36. Reports on Commercial and Governmental Military
Exports; Congressional Action.--(a) * * *
* * * * * * *
(b)(1) [Subject to paragraph (6), in] In the case of any
letter of offer to sell any defense articles or services under
this [Act for $50,000,000] Act for $100,000,000 or more, any
design and construction [services for $200,000,000] services
for $350,000,000 or more, or any major defense equipment for
[$14,000,000] $50,000,000 or more, and in other cases if the
President determines it is appropriate, before such letter of
offer is issued, the President shall submit to the Speaker of
the House of Representatives and to the chairman of the
Committee on Foreign Relations of the Senate a numbered
certification with respect to such offer to sell containing the
information specified in clauses (i) through (iv) of subsection
(a), or (in the case of a sale of design and construction
services) the information specified in clauses (A) through (D)
of paragraph (9) of subsection (a), and a description,
containing the information specified in paragraph (8) of
subsection (a), of any contribution, gift, commission, or fee
paid or offered or agreed to be paid in order to solicit,
promote, or otherwise to secure such letter of offer. Such
numbered certifications shall also contain an item, classified
if necessary, identifying the sensitivity of technology
contained in the defense articles, defense services, or design
and construction services proposed to be sold, and a detailed
justification of the reasons necessitating the sale of such
articles or services in view of the sensitivity of such
technology. In a case in which such articles or services listed
on the Missile Technology Control Regime Annex are intended to
support the design, development, or production of a Category I
space launch vehicle system (as defined in section 74), such
report shall include a description of the proposed export and
rationale for approving such export, including the consistency
of such export with United States missile nonproliferation
policy. Each such numbered certification shall contain an item
indicating whether any offset agreement is proposed to be
entered into in connection with such letter of offer to sell
(if known on the date of transmittal of such certification). In
addition, the President shall, upon the request of such
committee or the Committee on Foreign Affairs of the House of
Representatives, transmit promptly to both such committees a
statement setting forth, to the extent specified in such
request--
* * * * * * *
(5)(A) * * *
* * * * * * *
(C) [Subject to paragraph (6), if] If the enhancement or
upgrade in the sensitivity of technology or the capability of
major defense equipment, defense articles, defense services, or
design and construction services described in a numbered
certification submitted under this subsection [costs
$14,000,000] costs $50,000,000 or more in the case of any major
defense [equipment, $50,000,000] equipment, $100,000,000 or
more in the case of defense articles or defense services, [or
$200,000,000] or $350,000,000 or more in the case of design or
construction services, and in other cases if the President
determines it is appropriate, then the President shall submit
to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate a new
numbered certification which relates to such enhancement or
upgrade and which shall be considered for purposes of this
subsection as if it were a separate letter of offer to sell
defense equipment, articles, or services, subject to all of the
requirements, restrictions, and conditions set forth in this
subsection. For purposes of this subparagraph, references in
this subsection to sales shall be deemed to be references to
enhancements or upgrades in the sensitivity of technology or
the capability of major defense equipment, articles, or
services, as the case may be.
[(6) The limitation in paragraph (1) and the requirement in
paragraph (5)(C) shall apply in the case of a letter of offer
to sell to a member country of the North Atlantic Treaty
Organization (NATO) or Australia, Japan, or New Zealand that
does not authorize a new sales territory that includes any
country other than such countries only if the letter of offer
involves--
[(A) the sale of major defense equipment under this
Act for, or the enhancement or upgrade of major defense
equipment at a cost of, $25,000,000 or more, as the
case may be; and
[(B) the sale of defense articles or services for, or
the enhancement or upgrade of defense articles or
services at a cost of, $100,000,000 or more, as the
case may be; or
[(C) the sale of design and construction services
for, or the enhancement or upgrade of design and
construction services at a cost of, $300,000,000 or
more, as the case may be.]
* * * * * * *
(c)(1) [Subject to paragraph (5), in] In the case of an
application by a person (other than with regard to a sale under
section 21 or section 22 of this Act) for a license for the
export of any major defense equipment sold under a contract in
the amount of [$14,000,000] $50,000,000 or more or of defense
articles or defense [services sold under a contract in the
amount of $50,000,000] services sold under a contract in the
amount of $100,000,000or more, (or, in the case of a defense
article that is a firearm controlled under category I of the
United States Munitions List, $1,000,000 or more) and in other
cases if the President determines it is appropriate, before
issuing such license the President shall transmit to the
Speaker of the House of Representatives and to the chairman of
the Committee on Foreign Relations of the Senate an
unclassified numbered certification with respect to such
application specifying (A) the foreign country or international
organization to which such export will be made, (B) the dollar
amount of the items to be exported, and (C) a description of
the items to be exported. Each such numbered certification
shall also contain an item indicating whether any offset
agreement is proposed to be entered into in connection with
such export and a description of any such offset agreement. In
addition, the President shall, upon the request of such
committee or the Committee on Foreign Affairs of the House of
Representatives, transmit promptly to both such committees a
statement setting forth, to the extent specified in such
request a description of the capabilities of the items to be
exported, an estimate of the total number of United States
personnel expected to be needed in the foreign country
concerned in connection with the items to be exported and an
analysis of the arms control impact pertinent to such
application, prepared in consultation with the Secretary of
Defense and a description from the person who has submitted the
license application of any offset agreement proposed to be
entered into in connection with such export (if known on the
date of transmittal of such statement). In a case in which such
articles or services are listed on the Missile Technology
Control Regime Annex and are intended to support the design,
development, or production of a Category I space launch vehicle
system (as defined in section 74), such report shall include a
description of the proposed export and rationale for approving
such export, including the consistency of such export with
United States missile nonproliferation policy. A certification
transmitted pursuant to this subsection shall be unclassified,
except that the information specified in clause (B) and the
details of the description specified in clause (C) may be
classified if the public disclosure thereof would be clearly
detrimental to the security of the United States, in which case
the information shall be accompanied by a description of the
damage to the national security that could be expected to
result from public disclosure of the information.
(2) Unless the President states in his certification that
an emergency exists which requires the proposed export in the
national security interests of the United States, a license for
export described in paragraph (1)--
(A) in the case of a license for an export to the
North Atlantic Treaty Organization, any member country
of that Organization or Australia, Japan, or New
Zealand, shall not be issued until at least 15 calendar
days after the Congress receives such certification,
and shall not be issued then if the Congress, within
that 15-day period, enacts a joint resolution
prohibiting the proposed export;
(B) in the case of a license for an export of a
commercial communications satellite for launch from,
and by nationals of, the Russian Federation, Ukraine,
or Kazakhstan, shall not be issued until at least 15
calendar days after the Congress receives such
certification, and shall not be issued then if the
Congress, within that 15-day period, enacts a joint
resolution prohibiting the proposed export; and
(C) in the case of any other license, shall not be
issued until at least 30 calendar days after the
Congress receives such certification, and shall not be
issued then if the Congress, within that 30-day period,
enacts a joint resolution prohibiting the proposed
export.
If the President states in his certification that an emergency
exists which requires the proposed export in the national
security interests of the United States, thus waiving the
requirements of subparagraphs [(A) and (B)] (A), (B), and (C)
of this paragraph, he shall set forth in the certification a
detailed justification for his determination, including a
description of the emergency circumstances which necessitate
the immediate issuance of the export license and a discussion
of the national security interests involved.
* * * * * * *
[(5) In the case of an application by a person (other than
with regard to a sale under section 21 or 22 of this Act) for a
license for the export to a member country of the North
Atlantic Treaty Organization (NATO) or Australia, Japan, or New
Zealand that does not authorize a new sales territory that
includes any country other than such countries, the limitations
on the issuance of the license set forth in paragraph (1) shall
apply only if the license is for export of--
[(A) major defense equipment sold under a contract in
the amount of $25,000,000 or more; or
[(B) defense articles or defense services sold under
a contract in the amount of $100,000,000 or more.]
* * * * * * *
(d)(1)(A) In the case of an approval under section 38 of
this Act of a United States commercial technical assistance or
manufacturing licensing agreement which involves the
manufacture abroad of any item of significant combat equipment
on the United States Munitions List, before such approval is
given, the President shall submit a certification with respect
to such proposed commercial agreement in a manner similar to
the certification required under subsection (c)(1) containing
comparable information, except that the last sentence of such
subsection shall not apply to certifications submitted pursuant
to [this subsection] this subparagraph.
(B) Notwithstanding section 27(g), in the case of a
comprehensive authorization described in section 126.14 of
title 22, Code of Federal Regulations (or any corresponding
similar regulation) for the proposed export of defense articles
or defense services in an amount that exceeds a limitation set
forth in subsection (c)(1), before the comprehensive
authorization is approved or the addition of a foreign
government or other foreign partner to the comprehensive
authorization is approved, the President shall submit a
certification with respect to the comprehensive authorization
in a manner similar to the certification required under
subsection (c)(1) of this section and containing comparable
information, except that the last sentence of such subsection
shall not apply to certifications submitted pursuant to this
subparagraph.
(2) * * *
* * * * * * *
(4) [Approval for an agreement subject to paragraph (1) may
not be given under section 38] Approval for an agreement
subject to paragraph (1)(A), or for a comprehensive
authorization subject to paragraph (1)(B), may not be given
under section 38 or section 126.14 of title 22, Code of Federal
Regulations (or any corresponding similar regulation), as the
case may be, if the Congress, within the 15-day or 30-day
period specified in paragraph (2)(A) or (B), as the case may
be, enacts a joint resolution prohibiting such approval.
* * * * * * *
State Department Basic Authorities Act of 1956
* * * * * * *
Section 1. (a) Secretary of State.--
* * * * * * *
(f) HIV/AIDS Response Coordinator.--
(1) In general.-- * * *
(2) Authorities and duties; definitions.--
* * * * * * *
(B) Duties.-- * * *
* * * * * * *
(ii) Specific duties.-- * * *
* * * * * * *
(VII) Directly approving all
activities of the United States
(including funding) relating to
combatting HIV/AIDS in each of
Botswana, Cote d'Ivoire,
Ethiopia, Guyana, Haiti, Kenya,
Mozambique, Namibia, Nigeria,
Rwanda, South Africa, Tanzania,
Uganda, Zambia, 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, and
other countries designated by
the President, which other
designated countries may
include those countries in
which the United States is
implementing HIV/AIDS programs
as of the date of the enactment
of the United States Leadership
Against HIV/AIDS, Tuberculosis,
and Malaria Act of 2003.
* * * * * * *
Sec. 4. (a) The Secretary of State is authorized to--
* * * * * * *
(b)(1) Expenditures described under subsection (a) shall be
made only for such activities as--
* * * * * * *
(2) Activities described in paragraph (1) include--
* * * * * * *
(I) investigations and apprehension of groups or
individuals involved in fraudulent issuance of United
States passports and visas; [and]
(J) gifts of nominal value given by the President,
Vice President, or Secretary of State to a foreign
dignitary[.] ; and
(K) assistance to crime victims under section 213 of
the Foreign Relations Authorization Act, Fiscal Years
2006 and 2007.
* * * * * * *
Sec. 24. (a) There are authorized to be appropriated for
the Department of State, in addition to amounts otherwise
authorized to be appropriated for the Department, such sums as
may be necessary for any fiscal year for increases in salary,
pay, retirement, and other employee benefits authorized by law.
(b)(1) In order to maintain the levels of program activity
for the Department of State provided for each fiscal year by
the annual authorizing legislation, there are authorized to be
appropriated for the Department of State such sums as may be
necessary to offset adverse fluctuations in foreign currency
exchange rates, or overseas wage and price changes, which occur
after November 30 of the earlier of--
* * * * * * *
(7)(A) Subject to the limitations contained in this
paragraph, not later than the end of the fifth fiscal year
after the fiscal year for which funds are appropriated or
otherwise made available for an account under ``Administration
of Foreign Affairs'', the Secretary of State may transfer any
unobligated balance of such funds to the Buying Power
Maintenance account.
(B) The balance of the Buying Power Maintenance account may
not exceed $100,000,000 as a result of any transfer under this
paragraph.
(C) Any transfer pursuant to this paragraph shall be treated
as a reprogramming of funds under section 34 and shall be
available for obligation or expenditure only in accordance with
the procedures under such section.
[(D) The authorities contained in this section may only be
exercised to such an extent and in such amounts as specifically
provided for in advance in appropriations Acts.]
* * * * * * *
* * * * * * *
Sec. 37. (a) General Authority.--Under such regulations as
the Secretary of State may prescribe, special agents of the
Department of State and the Foreign Service may--
* * * * * * *
(d) Administrative Subpoenas.--
(1) In general.--If the Secretary of State determines
that there is an imminent threat against a person,
foreign mission, or international organization
protected under the authority of subsection (a)(3), the
Secretary may issue in writing, and cause to be served,
a subpoena requiring--
(A) the production of any records or other
items relevant to the threat; and
(B) testimony by the custodian of the items
required to be produced concerning the
production and authenticity of those items.
(2) Requirements.--
(A) Return date.--A subpoena under this
subsection shall describe the items required to
be produced and shall specify a return date
within a reasonable period of time within which
the requested items may be assembled and made
available. The return date specified may not be
less than 24 hours after service of the
subpoena.
(B) Notification to attorney general.--As
soon as practicable following the issuance of a
subpoena under this subsection, the Secretary
shall notify the Attorney General of its
issuance.
(C) Other requirements.--The following
provisions of section 3486 of title 18, United
States Code, shall apply to the exercise of the
authority of paragraph (1):
(i) Paragraphs (4) through (8) of
subsection (a).
(ii) Subsections (b), (c), and (d).
(3) Delegation of authority.--The authority under
this subsection may be delegated only to the Deputy
Secretary of State.
(4) Annual report.--Not later than February 1 of each
year, the Secretary of State shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives a report regarding the exercise of the
authority under this subsection during the previous
calendar year.
SEC. 37A. PROTECTION OF BUILDINGS AND AREAS IN THE UNITED STATES BY
DESIGNATED LAW ENFORCEMENT OFFICERS.
(a) Designation of Law Enforcement Officers.--The Secretary
of State may designate Department of State uniformed guards as
law enforcement officers for duty in connection with the
protection of buildings and areas within the United States for
which the Department of State provides protective services,
including duty in areas outside the property to the extent
necessary to protect the property and persons on the property.
(b) Powers of Officers.--While engaged in the performance of
official duties as a law enforcement officer designated under
subsection (a), an officer may--
(1) enforce Federal laws and regulations for the
protection of persons and property;
(2) carry firearms; and
(3) make arrests without warrant for any offense
against the United States committed in the officer's
presence, or for any felony cognizable under the laws
of the United States if the officer has reasonable
grounds to believe that the person to be arrested has
committed or is committing such felony in connection
with the buildings and areas, or persons, for which the
Department of State is providing protective services.
(c) Regulations.--(1) The Secretary of State may prescribe
regulations necessary for the administration of buildings and
areas within the United States for which the Department of
State provides protective services. The regulations may include
reasonable penalties, within the limits prescribed in
subsection (d), for violations of the regulations.
(2) The Secretary shall consult with the Secretary of
Homeland Security in prescribing the regulations under
paragraph (1).
(3) The regulations shall be posted and kept posted in a
conspicuous place on the property.
(d) Penalties.--A person violating a regulation prescribed
under subsection (c) shall be fined under title 18, United
States Code, or imprisoned for not more than 30 days, or both.
(e) Training Officers.--The Secretary of State may also
designate firearms and explosives training officers as law
enforcement officers under subsection (a) for the limited
purpose of safeguarding firearms, ammunition, and explosives
that are located at firearms and explosives training facilities
approved by the Secretary or are in transit between training
facilities and Department of State weapons and munitions
vaults.
(f) Attorney General Approval.--The powers granted to
officers designated under this section shall be exercised in
accordance with guidelines approved by the Attorney General.
(g) Relationship to Other Authority.--Nothing in this section
shall be construed to affect the authority of the Secretary of
Homeland Security, the Administrator of General Services, or
any Federal law enforcement agency.
(h) Law Enforcement Officer Status.--The use of the term
``law enforcement officer'' in this section shall not be
construed to qualify a person so designated under this section
as a law enforcement officer, as that term is defined in
section 8401(17) of title 5, United States Code, for purposes
of chapter 84 of such title.''.
* * * * * * *
Sec. 38. (a) International Agreements.-- * * *
* * * * * * *
(d) International Litigation Fund.--
(1) Establishment.-- * * *
* * * * * * *
(3) Transfers of funds.--Funds received by the
Department of State as a result of a decision of an
international tribunal, from another agency of the
United States Government, or pursuant to the Department
of State Appropriations Act of 1937 (49 Stat. 1321, 22
U.S.C. 2661) to meet costs of preparing or prosecuting
a proceeding before an international tribunal, or a
claim by or against a foreign government or other
foreign entity, shall be credited to the ILF.
* * * * * * *
SEC. 61. GRANT AUTHORITIES.
The Secretary of State is authorized to support, by grants,
cooperative agreements, or contract, the following activities:
(1) Outreach and public diplomacy activities
regarding the benefits of agricultural biotechnology,
science-based regulatory systems, and the application
of such technology for trade and development.
(2) Training and technical assistance projects
regarding protection of intellectual property rights.
SEC. 62. THE UNITED STATES DIPLOMACY CENTER.
(a) Activities.--
(1) Support authorized.--The Secretary of State is
authorized to provide by contract, grant, or otherwise,
for the performance of appropriate museum visitor and
educational outreach services, including organizing
conference activities, museum shop services, and food
services, in the public exhibit and related space
utilized by the United States Diplomacy Center (in this
section referred to as the ``Center'').
(2) Payment of expenses.--The Secretary may pay all
reasonable expenses of conference activities conducted
by the Center, including refreshments and reimbursement
of travel expenses incurred by participants.
(3) Recovery of costs.--Any revenues generated under
the authority of paragraph (1) for visitor services may
be retained, as a recovery of the costs of operating
the Center, and credited to any Department of State
appropriation.
(b) Disposition of United States Diplomacy Center Artifacts
and Materials.--
(1) Property of secretary.--All historic documents,
artifacts, or other articles permanently acquired by
the Department of State and determined by the Secretary
to be suitable for display in the Center shall be
considered to be the property of the Secretary in the
Secretary's official capacity and shall be subject to
disposition solely in accordance with this subsection.
(2) Sale or trade.--Whenever the Secretary makes the
determination under paragraph (3) with respect to an
item, the Secretary may sell at fair market value,
trade, or transfer the item, without regard to the
requirements of subtitle I of title 40, United States
Code. The proceeds of any such sale may be used solely
for the advancement of the Center's mission and may not
be used for any purpose other than the acquisition and
direct care of collections.
(3) Determinations prior to sale or trade.--The
determination referred to in paragraph (2), with
respect to an item, is a determination that--
(A) the item no longer serves to further the
purposes of the Center established in the
collections management policy of the Center; or
(B) in order to maintain the standards of the
collections of the Center, the sale or exchange
of the item would be a better use of the item.
(4) Loans.--The Secretary may also lend items covered
by paragraph (1), when not needed for use or display in
the Center, to the Smithsonian Institution or a similar
institution for repair, study, or exhibition.
SEC. 63. RECONSTRUCTION AND STABILIZATION.
(a) Office of the Coordinator for Reconstruction and
Stabilization.--
(1) Establishment.--The Secretary shall establish
within the Department of State an Office of the
Coordinator for Reconstruction and Stabilization.
(2) Coordinator for reconstruction and
stabilization.--The head of the Office shall be the
Coordinator for Reconstruction and Stabilization, who
shall be appointed by the Secretary, by and with the
advice and consent of the Senate. The Coordinator shall
report directly to the Secretary and shall have the
rank and status of Ambassador-at-Large.
(3) Functions.--The functions of the Office of the
Coordinator for Reconstruction and Stabilization
include the following:
(A) Monitoring, in coordination with relevant
bureaus within the Department of State,
political and economic instability worldwide to
anticipate the need for mobilizing United
States and international assistance for the
stabilization and reconstruction of countries
or regions that are in, or are in transition
from, conflict or civil strife.
(B) Assessing the various types of
stabilization and reconstruction crises that
could occur and cataloging and monitoring the
non-military resources and capabilities of
Executive agencies that are available to
address such crises.
(C) Planning to address requirements, such as
demobilization, policing, human rights
monitoring, and public information, that
commonly arise in stabilization and
reconstruction crises.
(D) Coordinating with relevant Executive
agencies (as that term is defined in section
105 of title 5, United States Code) to develop
interagency contingency plans to mobilize and
deploy civilian personnel to address the
various types of such crises.
(E) Entering into appropriate arrangements
with other Executive agencies to carry out
activities under this section and the
Reconstruction and Stabilization Civilian
Management Act of 2005.
(F) Identifying personnel in State and local
governments and in the private sector who are
available to participate in the Response
Readiness Corps or the Response Readiness
Reserve established under subsection (b) or to
otherwise participate in or contribute to
stabilization and reconstruction activities.
(G) Ensuring that training of civilian
personnel to perform such stabilization and
reconstruction activities is adequate and, as
appropriate, includes security training that
involves exercises and simulations with the
Armed Forces, including the regional commands.
(H) Sharing information and coordinating
plans for stabilization and reconstruction
activities with the United Nations and its
specialized agencies, the North Atlantic Treaty
Organization, nongovernmental organizations,
and other foreign national and international
organizations.
(I) Coordinating plans and procedures for
joint civilian-military operations with respect
to stabilization and reconstruction activities.
(J) Maintaining the capacity to field on
short notice an evaluation team to undertake
on-site needs assessment.
(b) Response to Stabilization and Reconstruction Crisis.--If
the President makes a determination regarding a stabilization
and reconstruction crisis under section 618 of the Foreign
Assistance Act of 1961, the President may designate the
Coordinator, or such other individual as the President may
determine appropriate, as the coordinator of the United States
response. The individual so designated, or, in the event the
President does not make such a designation, the Coordinator for
Reconstruction and Stabilization, shall--
(1) assess the immediate and long-term need for
resources and civilian personnel;
(2) identify and mobilize non-military resources to
respond to the crisis; and
(3) coordinate the activities of the other
individuals or management team, if any, designated by
the President to manage the United States response.
(c) Response Readiness Corps.--
(1) Response readiness active duty personnel.--
(A) Establishment and purpose.--The
Secretary, in consultation with the
Administrator of the United States Agency for
International Development, is authorized to
establish a Response Readiness Corps (hereafter
referred to in this section as the `Corps') to
provide assistance in support of stabilization
and reconstruction activities in foreign
countries or regions that are in, or are in
transition from, conflict or civil strife.
(B) Composition.--The Secretary and
Administrator of the United States Agency for
International Development should coordinate in
the recruitment, hiring, and training of--
(i) up to 250 personnel to serve in
the active duty Corps; and
(ii) such other personnel as the
Secretary, in consultation with the
Administrator, may designate as members
of the Corps from among employees of
the Department of State and the United
States Agency for International
Development.
(C) Training.--The Secretary shall train the
members of the Corps to perform services
necessary to carry out the purpose of the Corps
under subparagraph (A).
(D) Compensation.--Members of the Corps hired
under subparagraph (B)(i) shall be compensated
in accordance with the appropriate salary class
for the Foreign Service, as set forth in
sections 402 and 403 of the Foreign Service Act
of 1980 (22 U.S.C. 3962 and 22 U.S.C. 3963), or
in accordance with the relevant authority under
sections 3101 and 3392 of title 5, United
States Code.
(2) Response readiness reserve duty personnel.--
(A) Establishment and purpose.--The
Secretary, in consultation with the heads of
other relevant Executive agencies, is
authorized to establish and maintain a roster
of personnel who are trained and available as
needed to perform services necessary to carry
out the purpose of the Corps under paragraph
(1)(A). The personnel listed on the roster
shall constitute a reserve component of the
Response Readiness Corps.
(B) Federal employees.--The Response
Readiness reserve component may include
employees of the Department of State, including
Foreign Service Nationals, employees of the
United States Agency for International
Development, employees of any other Executive
agency (as that term is defined in section 105
of title 5, United States Code), and employees
from the legislative and judicial branches
who--
(i) have the training and skills
necessary to enable them to contribute
to stabilization and reconstruction
activities; and
(ii) have volunteered for deployment
to carry out stabilization and
reconstruction activities.
(C) Non-federal personnel.--The Response
Readiness reserve component should also include
at least 500 personnel, which may include
retired employees of the Federal Government,
contractor personnel, nongovernmental
organization personnel, and State and local
government employees, who--
(i) have the training and skills
necessary to enable them to contribute
to stabilization and reconstruction
activities; and
(ii) have volunteered to carry out
stabilization and reconstruction
activities.
(3) Use of response readiness corps.--
(A) Response readiness active duty
component.--The members of the active duty
Corps shall be available--
(i) if responding in support of
stabilization and reconstruction
activities pursuant to a determination
by the President regarding a
stabilization and reconstruction crisis
under section 618 of the Foreign
Assistance Act of 1961, for deployment
in support of such activities; and
(ii) if not responding as described
in clause (i), for assignment in the
United States, United States diplomatic
missions, and United States Agency for
International Development missions.
(B) Response readiness reserve component.--
The Secretary may deploy members of the reserve
component under paragraph (2) in support of
stabilization and reconstruction activities in
a foreign country or region if the President
makes a determination regarding a stabilization
and reconstruction crisis under section 618 of
the Foreign Assistance Act of 1961.
* * * * * * *
Millennium Challenge Act of 2003
* * * * * * *
SEC. 616. ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES.
(a) Authorization.-- * * *
* * * * * * *
(d) Funding.--Not more than 10 percent of the amount
appropriated pursuant to the authorization of appropriations
under section 619(a) for [fiscal year 2004] a fiscal year is
authorized to be made available to carry out this section.
* * * * * * *
SEC. 619. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this title such sums as may be
necessary for each of the fiscal years 2004 and 2005[.],
$3,000,000,000 for fiscal year 2006, and such sums as may be
necessary for fiscal year 2007.
* * * * * * *
The Peace Corps Act
* * * * * * *
Sec. 3. (a) The President is authorized to carry out
programs in furtherance of the purposes of this Act, on such
terms and conditions as he may determine.
(b)(1) There are authorized to be appropriated to carry out
the purposes of this Act [$270,000,000 for fiscal year 2000,
$298,000,000 for fiscal year 2001, $327,000,000 for fiscal year
2002, and $365,000,000 for fiscal year 2003] $345,000,000 for
fiscal year 2006 and such sums as may be necessary for fiscal
year 2007, of which not less than $2,000,000 should be made
available for Greece in each year.
(2) Amounts authorized to be appropriated under paragraph
(1) for a fiscal year are authorized to remain available for
that fiscal year and the subsequent fiscal year.
* * * * * * *
United Nations Participation Act of 1945
* * * * * * *
[Sec. 9. The Secretary of State may, under such regulations
as he shall prescribe, and notwithstanding section 3648 of the
Revised Statutes (31 U.S.C. 529) and section 5536 of title 5,
United States Code:
[(1) Make available to the Representative of the
United States to the United Nations and the Deputy
Permanent Representative of the United States to the
United Nations living quarters leased or rented by the
United States (for periods not exceeding ten years) and
allowances for unusual expenses incident to the
operation and maintenance of such living quarters
similar to those and to be considered for all purposes
as authorized by section 22 of the Administrative
Expenses Act of 1946, as amended by section 311 of the
Overseas Differentials and Allowances Act.
[(2) Make available in New York to no more than 30
foreign service employees of the staff of the United
States Mission to the United Nations, other
representatives, and no more than two employees who
serve at the pleasure of the Representative, living
quarters leased or rented by the United States (for
periods not exceeding ten years). The number of
employees to which such quarters will be made available
shall be determined by the Secretary and shall reflect
a significant reduction over the number of persons
eligible for housing benefits as of the date of
enactment of this provision. No employee may occupy a
unit under this provision if the unit is owned by the
employee. The Secretary shall require that each
employee occupying housing under this subsection
contribute to the Department of State a percentage of
his or her base salary, in an amount to be determined
by the Secretary of State toward the cost of such
housing. The Secretary may reduce such payments to the
extent of income taxes paid on the value of the leased
or rented quarters any payments made by employees to
the Department of State for occupancy by them of living
quarters leased or rented under this section shall be
credited to the appropriation, fund, or account
utilized by the Secretary of State for such lease or
rental or to the appropriation, fund, or account
currently available for such purpose.
[(3) provide such allowance as the Secretary
considers appropriate, to each Delegate and Alternate
Delegate of the United States to any session of the
General Assembly of the United Nations who is not a
permanent member of the staff of the United States
Mission to the United Nations, in order to compensate
each such Delegate or Alternate Delegate for necessary
housing and subsistence expenses incurred by him with
respect to attending any such session.
[(4) The Inspector General shall review the program
established by this section no later than December 1989
and periodically thereafter with a view to increasing
cost savings and making other appropriate
recommendations.]
Sec. 9. (a) The Secretary of State may, under such
regulations as the Secretary shall prescribe, and
notwithstanding subsections (a) and (b) of section 3324 of
title 31, United States Code, and section 5536 of title 5,
United States Code--
(1) make available to the Permanent Representative of
the United States to the United Nations and the Deputy
Permanent Representative of the United States to the
United Nations--
(A) living quarters leased or rented by the
United States for a period that does not exceed
10 years; and
(B) allowances for unusual expenses incident
to the operation and maintenance of such living
quarters that are similar to expenses
authorized to be funded by section 5913 of
title 5, United States Code;
(2) make available living quarters in New York leased
or rented by the United States for a period of not more
than 10 years to--
(A) not more than 40 members of the Foreign
Service assigned to the United States Mission
to the United Nations or other United States
representatives to the United Nations; and
(B) not more than 2 employees who serve at
the pleasure of the Permanent Representative of
the United States to the United Nations; and
(3) provide an allowance, as the Secretary considers
appropriate, to each Delegate and Alternate Delegate of
the United States to any session of the General
Assembly of the United Nations who is not a permanent
member of the staff of the United States Mission to the
United Nations, in order to compensate each such
Delegate or Alternate Delegate for necessary housing
and subsistence expenses with respect to attending any
such session.
(b) The Secretary of State may not make available living
quarters or allowances under subsection (a) to an employee who
is occupying living quarters that are owned by such employee.
(c) Living quarters and allowances provided under subsection
(a) shall be considered for all purposes as authorized--
(1) by chapter 9 of title I of the Foreign Service
Act of 1980; and
(2) by section 5913 of title 5, United States Code.
(d) The Inspector General for the Department of State and the
Broadcasting Board of Governors shall periodically review the
administration of this section with a view to achieving cost
savings and developing appropriate recommendations to make to
the Secretary of State regarding the administration of this
section.
United States Code
TITLE 1
* * * * * * *
SEC. 112B.--UNITED STATES INTERNATIONAL AGREEMENTS; TRANSMISSION TO
CONGRESS.
(a) The Secretary of State shall transmit to the [Congress]
Committee on Foreign Relations of the Senate and the Committee
on International Relations of the House of Representatives the
text of any international agreement (including the text of any
oral international agreement, which agreement shall be reduced
to writing), other than a treaty, to which the United States is
a party as soon as practicable after such agreement has entered
into force with respect to the United States but in no event
later than sixty days thereafter. [However, any] Any such
agreement the immediate public disclosure of which would, in
the opinion of the President, be prejudicial to the national
security of the United States [shall not be so transmitted to
the Congress but shall be transmitted to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives] shall be transmitted
under an appropriate injunction of secrecy to be removed only
upon due notice from the President. Any department or agency of
the United States Government which enters into any
international agreement on behalf of the United States shall
transmit to the Department of State the text of such agreement
not later than twenty days after such agreement has been
signed.
(b) Not later than March 1, 1979, and at yearly intervals
thereafter, [the President shall, under his own signature,] the
Secretary shall transmit to the [Speaker of the House of
Representatives and the chairman of the] Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representativesa report with respect
to each international agreement which, during the preceding
year, was transmitted to the [Congress] such Committees after
the expiration of the 60-day period referred to in the first
sentence of subsection (a), describing fully and completely the
reasons for the late transmittal.
* * * * * * *
TITLE 5
* * * * * * *
SEC. 5753. RECRUITMENT AND RELOCATION BONUSES.
(a)(1) This section may be applied to--
* * * * * * *
(2) A bonus may not be paid under this section to an
individual who is appointed to or who holds--
(A) a position, other than as a member of the Foreign
Service, to which an individual is appointed by the
President, by and with the advice and consent of the
Senate;
SEC. 5754. RETENTION BONUSES.
(a)(1) This section may be applied to--
* * * * * * *
(2) A bonus may not be paid under this section to an
individual who is appointed to or who holds--
(A) a position, other than as a member of the Foreign
Service, to which an individual is appointed by the
President, by and with the advice and consent of the
Senate;
* * * * * * *
Section 5913 of title 5, United States Code, is amended by
adding at the end the following new subsection:
SEC. 5913. OFFICIAL RESIDENCE EXPENSES.
(a) For the purpose of this section, ``agency'' has the
meaning given it by section 5721 of this title.
(b) Under such regulations as the President may prescribe,
funds available to an agency for administrative expenses may be
allotted to posts in foreign countries to defray the unusual
expenses incident to the operation and maintenance of official
residences suitable for--
(1) the chief representatives of the United States at
the posts; and
(2) such other senior officials of the Government of
the United States as the President may designate.
(c) Funds made available under subsection (b) may be provided
in advance to persons eligible to receive reimbursements.
* * * * * * *
SEC. 5924. COST-OF-LIVING ALLOWANCES.
* * * * * * *
(A) An allowance not to exceed the cost of obtaining
such kindergarten, elementary and secondary educational
services as are ordinarily provided without charge by
the public schools in the United States (including
activities required for successful completion of a
grade or course and such educational services as are
provided by the States under the Individuals with
Disabilities Education Act), plus, in those cases when
adequate schools are not available at the post of the
employee, board and room, and periodic transportation
between that post and the school chosen by the
employee, [not to exceed the total cost to the
Government of the dependent attending an adequate
school in the nearest locality where an adequate school
is available] subject to the approval of the head of
the agency involved, without regard to section 3324(a)
and (b) of title 31. When travel from school to post is
infeasible, travel may be allowed between the school
attended and the home of a designated relative or
family friend or to join a parent at any location, with
the allowable travel expense not to exceed the cost of
travel between the school and the post. The amount of
the allowance granted shall be determined on the basis
of the educational facility used.
[(B) The travel expenses of dependents of an employee
to and from a school in the United States (or to and
from a school outside the United States if the
dependent is attending that school for less than one
year under a program approved by the school in the
United States at which the dependent is enrolled, with
the allowable travel expense not to exceed the cost of
travel to and from the school in the United States) to
obtain an American secondary or postsecondary
educational institution education (other than a program
of post-baccalaureate education), not to exceed one
annual trip each way for each dependent. At the
election of the employee, in lieu of the transportation
of the baggage of a dependent from the dependent's
school, the costs incurred to store the baggage at or
in the vicinity of the school during the dependent's
annual trip between the school and the employee's duty
station may be paid or reimbursed to the employee,
except that the amount of the payment or reimbursement
may not exceed the cost that the Government would incur
to transport the baggage. An allowance payment under
subparagraph (A) of this paragraph (4) may not be made
for a dependent during the 12 months following his
arrival in the United States for secondary education
under authority contained in this subparagraph (B).
Notwithstanding section 5921(6) of this title, travel
expenses, for the purpose of obtaining postsecondary
educational institution education (other than a program
of post-baccalaureate education), may be authorized
under this subparagraph (B), under such regulations as
the President may prescribe, for dependents of
employees who are citizens of the United States
stationed in the Canal Zone. For the purposes of this
subparagraph, the term ``educational institution'' has
the meaning defined under section 1701(a)(6) of title
38.]
(B) The travel expenses of dependents of an employee
to and from a secondary, post-secondary, or post-
baccalaureate educational institution, not to exceed 1
annual trip each way for each dependent, except that an
allowance payment under subparagraph (A) of this
paragraph may not be made for a dependent during the 12
months following the arrival of the dependent at the
selected educational institution under authority
contained in this subparagraph.
* * * * * * *
(D) Allowances provided pursuant to subparagraphs (A)
and (B) may include, at the election of the employee,
payment or reimbursement of the costs incurred to store
baggage for the employee's dependent at or in the
vicinity of the dependent's school during the
dependent's annual trip between the school and the
employee's duty station, except that such payment or
reimbursement may not exceed the cost that the
Government would incur to transport the baggage with
the dependent in connection with the annual trip, and
such payment or reimbursement shall be in lieu of
transportation of the baggage.
* * * * * * *
SEC. 5925. POST DIFFERENTIALS.
(a) A post differential may be granted on the basis of
conditions of environment which differ substantially from
conditions of environment in the continental United States and
warrant additional pay as a recruitment and retention
incentive. A post differential may be granted to an employee
officially stationed in the United States who is on extended
detail in a foreign area. A post differential under this
subsection may not exceed [25 percent of the rate of basic pay
or, in the case of an employee of the United States Agency for
International Development,] 35 percent of the rate of basic
pay.
* * * * * * *
SEC. 5928. DANGER PAY ALLOWANCE.
An employee serving in a foreign area may be granted a
danger pay allowance on the basis of civil insurrection, civil
war, terrorism, or wartime conditions which threaten physical
harm or imminent danger to the health or well-being of the
employee. A danger pay allowance may not exceed [25 percent of
the basic pay of the employee, or 35 percent of the basic pay
of the employee in the case of an employee of the United States
Agency for International Development] 35 percent of the basic
pay of the employee, except that if an employee is granted an
additional differential under section 5925(b) of this title
with respect to an assignment, the sum of that additional
differential and any danger pay allowance granted to the
employee with respect to that assignment may not exceed [25
percent of the basic pay of the employee or 35 percent of the
basic pay of the employee in the case of an employee of the
United States Agency for International Development] 35 percent
of the basic pay of the employee. The presence of nonessential
personnel or dependents shall not preclude payment of an
allowance under this section. In each instance where an
allowance under this section is initiated or terminated, the
Secretary of State shall inform the Speaker of the House of
Representatives and the Committee on Foreign Relations of the
Senate of the action taken and the circumstances justifying it.
* * * * * * *
SEC. 8332. CREDITABLE SERVICE.
(a) The total service of an employee or Member is the full
years and twelfth parts thereof, excluding from the aggregate
the fractional part of a month, if any.
(b) The service of an employee shall be credited from the
date of original employment to the date of separation on which
title to annuity is based in the civilian service of the
Government. Except as provided in paragraph (13) of this
subsection, credit may not be allowed for a period of
separation from the service in excess of 3 calendar days. The
service includes--
* * * * * * *
(11) subject to sections 8334(c) and 8339(i) of this
title, service in any capacity of at least 130 days (or
its equivalent) per calendar year performed after July
1, 1946, for the National Committee for a Free Europe;
Free Europe Committee, Incorporated; Free Europe,
Incorporated; Radio Liberation Committee; Radio Liberty
Committee; subdivisions of any of those organizations;
Radio Free Europe/Radio Liberty, Incorporated, Radio
Free Asia; the Asia Foundation; Middle East
Broadcasting Network or the Armed Forces Network,
Europe (AFN-E), but only if such service is not
credited for benefits under any other retirement system
which is established for such entities and funded in
whole or in part by the Government and only if the
individual later becomes subject to this subchapter;
* * * * * * *
TITLE 18
* * * * * * *
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.
* * * * * * *
Foreign Assistance Act of 1969
* * * * * * *
Sec. 401. Inter-American Foundation.--(a) There is created
as an agency of the United States of America a body corporate
to be known as the Inter-American Foundation (hereinafter in
this section referred to as the ``Foundation'').
(b) * * *
* * * * * * *
[(s)(1) Notwithstanding any other provision of law, not to
exceed an aggregate amount of $50,000,000 of the funds made
available for the fiscal years 1970 and 1971 to carry out part
I of the Foreign Assistance Act of 1961 shall be available to
carry out the purposes of this section. Funds made available to
carry out the purposes of this section under the preceding
sentence are authorized to remain available until expended.
[(2) There are authorized to be appropriated $28,800,000
for the fiscal year 1992 and $31,000,000 for the fiscal year
1993 to carry out this section.]
(s) There are authorized to be appropriated $17,826,000 for
fiscal year 2006 and such sums as may be necessary for fiscal
year 2007, to carry out this section. Amounts appropriated
pursuant to the authorization in this subsection are authorized
to remain available until expended.
* * * * * * *
Security Assistance Act of 2000
* * * * * * *
SEC. 513. ASSISTANCE FOR ISRAEL.
(a) Definitions.--In this section:
(1) ESF assistance.--The term ``ESF assistance''
means assistance under chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
seq.), relating to the economic support fund.
* * * * * * *
(b) ESF Assistance.--
(1) In general.--Of the amounts made available for
each of the fiscal years [2002 and 2003] 2006 and 2007
for ESF assistance, the amount specified in paragraph
(2) for each such fiscal year is authorized to be made
available for Israel. Such funds are authorized to be
made available on a grant basis as a cash transfer.
* * * * * * *
SEC. 514. ASSISTANCE FOR EGYPT.
(a) Definitions.--In this section:
(1) ESF assistance.--The term ``ESF assistance''
means assistance under chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
seq.), relating to the economic support fund.
* * * * * * *
(b) ESF Assistance.--
(1) In general.--Of the amounts made available for
each of the fiscal years [2002 and 2003] 2006 and 2007
for ESF assistance, the amount specified in paragraph
(2) for each such fiscal year is authorized to be made
available for Egypt.
* * * * * * *
International Security and Development Cooperation Act of 1980
* * * * * * *
Sec. 510. There are authorized to be appropriated to carry
out this title, in addition to amounts otherwise available for
that purpose, [$3,872,000 for fiscal year 1986 and $3,872,000
for fiscal year 1987] $18,850,000 for fiscal year 2006 and such
sums as may be necessary for fiscal year 2007. Funds
appropriated under this section are authorized to remain
available until expended.
* * * * * * *
An Act to Authorize the President to Exercise Waivers of Foreign
Assistance Restrictions With Respect to Pakistan Through September 30,
2003, and for Other Purposes
SECTION 1. EXEMPTIONS AND WAIVER OF APPROPRIATIONS ACT PROHIBITIONS
WITH RESPECT TO PAKISTAN.
(a) Fiscal Year 2002 and Prior Fiscal Years.--
* * * * * * *
[(b) Fiscal Year 2005.--
[(1) Waiver.--The President is authorized to waive,
with respect to Pakistan, any provision of the foreign
operations, export financing, and related programs
appropriations Act for fiscal year 2005 that prohibits
direct assistance to a country whose duly elected head
of government was deposed by decree or military coup,
if the President determines and certifies to the
appropriate congressional committees that such waiver--
[(A) would facilitate the transition to
democratic rule in Pakistan; and
[(B) is important to United States efforts to
respond to, deter, or prevent acts of
international terrorism.
[(2) Prior consultation required.--Not less than 5
days prior to the exercise of the waiver authority
under paragraph (1), the President shall consult with
the appropriate congressional committees with respect
to such waiver.]
(b) Fiscal Year 2006.--
(1) Waiver.--The President is authorized to waive,
with respect to Pakistan, any provision of the foreign
operations, export financing, and related programs
appropriations Act for fiscal year 2006 that prohibits
direct assistance to a country whose duly elected head
of government was deposed by decree or military coup,
if the President determines and certifies to the
appropriate congressional committees that such waiver--
(A) would facilitate the transition to
democratic rule in Pakistan; and
(B) is important to United States efforts to
respond to, deter, or prevent acts of
international terrorism.''.
* * * * * * *
SEC. 3. EXEMPTION OF PAKISTAN FROM FOREIGN ASSISTANCE PROHIBITIONS
RELATING TO FOREIGN COUNTRY LOAN DEFAULTS.
The following provisions of law shall not apply with
respect to Pakistan:
(1) Section 620(q) of the Foreign Assistance Act of
1961 (22 U.S.C. 2370(q)).
[(2) Such provision of the annual foreign operations,
export financing, and related programs appropriations
Acts for fiscal years, 2002, 2003, 2004 and 2005, as
are comparable to section 512 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2001 (Public Law 106-429; 114 Stat.
1900A-25).]
(2) Such provisions of annual foreign operations,
export financing, and related programs appropriations
Act for fiscal years 2005 and 2006, as are comparable
to section 512 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
2001 (Public Law 106-429; 114 Stat. 1900A-25).
* * * * * * *
SEC. 6. TERMINATION DATE.
[Except as otherwise provided in section 1 or 3, the
provisions of this Act shall terminate on October 1, 2005.]
Except as otherwise provided in section 1 or 3, the
provisions of this Act shall terminate on October 1, 2006.
* * * * * * *
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999
* * * * * * *
Sec. 616. (a) None of the funds appropriated or otherwise
made available in this Act shall be used to issue visas to any
person who--
* * * * * * *
(c) Reporting Requirement.--(1) The United States chief of
mission in Haiti shall provide the Secretary of State a list of
those who have been credibly alleged to have ordered or carried
out the extrajudicial and political killings mentioned in
paragraph (1) of subsection (a).
(2) The Secretary of State shall submit the list provided
under paragraph (1) to the appropriate congressional committees
[not later than 3 months after the date of enactment of this
Act] as part of the annual report submitted under paragraph (4)
of this subsection.
(3) The Secretary of State shall submit to the appropriate
congressional committees a list of aliens denied visas, and the
Attorney General shall submit to the appropriate congressional
committees, as part of the annual report submitted under
paragraph (4) of this subsection, a list of aliens refused
entry to the United States as a result of this provision.
* * * * * * *
Immigration and Nationality Act
* * * * * * *
Sec. 214. Admission of Non-Immigrants.--(a) * * *
* * * * * * *
(g) Temporary Workers and Trainees; Limitation on
Numbers.--(1) * * *
* * * * * * *
(5) The numerical limitations contained in paragraph (1)(a)
shall not apply to any nonimmigrant alien issued a visa or
otherwise provided status under section 1101(a)(15)(h)(i)(b) of
this title who--
(A) is employed (or has received an offer of
employment) at an institution of higher education (as
defined in section 1001(a) of Title 20), or a related
or affiliated nonprofit entity;
[(B) is employed (or has received an offer of
employment) at a nonprofit research organization or a
governmental research organization; or]
``(B) is employed (or has received an offer of
employment) by or at the Broadcasting Board of
Governors or one of its grantees, a nonprofit research
organization, or a governmental research organization;
or
(C) has earned a master's or higher degree from a
United States institution of higher education (as
defined in section 1101(a) of Title 20), until the
number of aliens who are exempted from such numerical
limitation during such year exceeds 20,000.
* * * * * * *
United States International Broadcasting
Act of 1994
* * * * * * *
SEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.
(a) Continued Existence Within Executive Branch.--
* * * * * * *
(g) Immunity from Civil Liability.--Notwithstanding any
other provision of law, any and all limitations on liability
that apply to the members of the Broadcasting Board of
Governors also shall apply to such members when acting in their
capacities as members of the boards of directors of RFE/RL,
Incorporated [and], Radio Free Asia, and Middle East
Broadcasting Networks.
* * * * * * *
SEC. 305. AUTHORITIES OF THE BOARD.
(a) Authorities.--The Board shall have the following
authorities:
* * * * * * *
(5) To make and supervise grants for broadcasting and
related activities in accordance with sections 308 and
[309], 309, and 310.
(6) To allocate funds appropriated for international
broadcasting activities among the various elements of
the International Broadcasting Bureau and grantees,
subject to the limitations in sections 308 and [309],
309, and 310 and subject to reprogramming notification
requirements in law for the reallocation of funds.
* * * * * * *
(17) To, in its discretion--
(A) pay the expenses of primary and secondary
schooling for dependents of personnel stationed
in the Commonwealth of the Northern Mariana
Islands at a cost not in excess of those
authorized by the Department of Defense for the
same area, when it is determined by the
Broadcasting Board of Governors that schools
available in the locality are unable to provide
adequately for the education of such
dependents; and
(B) provide transportation of those
dependents between their place of residence and
schools serving the area, which those
dependents would normally attend within the
local area, when the Broadcasting Board of
Governors determines that such schools are not
accessible by public means of transportation.
[(17)] (18) To utilize the provisions of titles III,
IV, V, VII, VIII, IX, and X of the United States
Information and Educational Exchange Act of 1948, and
section 6 of Reorganization Plan Number 2 of 1977, as
in effect on the day before the effective date of title
XIII of the Foreign Affairs Agencies Consolidation Act
of 1998, to the extent the Board considers necessary in
carrying out the provisions and purposes of this title.
[(18)] (19) To utilize the authorities of any other
statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official
document or proceeding that had been available to the
Director of the United States Information Agency, the
Bureau, or the Board before the effective date of title
XIII of the Foreign Affairs Consolidation Act of 1998
for carrying out the broadcasting activities covered by
this title.
* * * * * * *
(c) Broadcasting Budgets.--
The Director of the Bureau and the grantees
identified in sections 308 and [309], 309, and 310
shall submit proposed budgets to the Board. The Board
shall forward its recommendations concerning the
proposed budget for the Board and broadcasting
activities under this title, the Radio Broadcasting to
Cuba Act, and the Television Broadcasting to Cuba Act
to the Office of Management and Budget.
* * * * * * *
SEC. 307. INTERNATIONAL BROADCASTING BUREAU.
(a) Establishment.--There is hereby established an
International Broadcasting Bureau under the Board (hereafter in
this title referred to as the ``Bureau''), to carry out all
nonmilitary international broadcasting activities supported by
the United States Government other than those described in
sections 308 [and 309], 309, and 310.
(b) Selection of the Director of the Bureau.--The Director
of the Bureau shall be appointed by the President, by and with
the advice and consent of the Senate. The Director of the
Bureau shall be entitled to receive compensation at the rate
prescribed by law for level IV of the Executive Schedule.
(c) Responsibilities of the Director.--The Director shall
organize and chair a coordinating committee to examine and make
recommendations to the Board on long-term strategies for the
future of international broadcasting, including the use of new
technologies, further consolidation of broadcast services, and
consolidation of currently existing public affairs and
legislative relations functions in the various international
broadcasting entities. The coordinating committee shall include
representatives of Radio Free Asia, Middle East Broadcasting
Networks, RFE/RL, Incorporated, the Broadcasting Board of
Governors, and, as appropriate, the Office of Cuba
Broadcasting, the Voice of America, and Worldnet.
* * * * * * *
SEC. 309. RADIO FREE ASIA.
(a) Authority.--
* * * * * * *
(c) Grant Agreement.--Any grant agreement or grants under
this section shall be subject to the following limitations and
restrictions:
(1) The Board may not make any grant to Radio Free
Asia unless the headquarters of Radio Free Asia and its
senior administrative and managerial staff are in a
location which ensures economy, operational
effectiveness, and accountability to the Board.
(2) Any grant agreement under this section shall
require that any contract entered into by Radio Free
Asia shall specify that all obligations are assumed by
Radio Free Asia and not by the United States
Government, and shall further specify that funds to
carry out the activities of Radio Free Asia may not be
available after September 30, [2009] 2015.
* * * * * * *
(f) Sunset Provision.--The Board may not make any grant for
the purpose of operating Radio Free Asia after September 30,
[2009] 2015.
* * * * * * *
SEC. 310. MIDDLE EAST BROADCASTING NETWORKS.
(a) Authority.--Grants authorized under section 305 shall be
available to make annual grants to Middle East Broadcasting
Networks for the purpose of carrying out radio and television
broadcasting to the Middle East region.
(b) Function.--Middle East Broadcasting Networks shall
provide radio and television programming to the Middle East
region consistent with the broadcasting standards and
broadcasting principles set forth in section 303.
(c) Grant Agreement.--Any grant agreement or grants under
this section shall be subject to the following limitations and
restrictions:
(1) The Broadcasting Board of Governors may not make
any grant to the nonprofit corporation, Middle East
Broadcasting Networks, unless its certificate of
incorporation provides that--
(A) the Board of Directors of Middle East
Broadcasting Networks shall consist of the
members of the Broadcasting Board of Governors
established under section 304 and of no other
members; and
(B) such Board of Directors shall make all
major policy determinations governing the
operation of Middle East Broadcasting Networks,
and shall appoint and fix the compensation of
such managerial officers and employees of
Middle East Broadcasting Networks as it
considers necessary to carry out the purposes
of the grant provided under this title.
(2) Any grant agreement under this section shall
require that any contract entered into by Middle East
Broadcasting Networks shall specify that obligations
are assumed by Middle East Broadcasting Networks and
not the United States Government.
(3) Any grant agreement shall require that any lease
agreement entered into by Middle East Broadcasting
Networks shall be, to the maximum extent possible,
assignable to the United States Government.
(4) Grants awarded under this section shall be made
pursuant to a grant agreement that--
(A) requires that grant funds be used only
for activities consistent with this section;
and
(B) provides that failure to comply with such
requirements shall permit the grant to be
terminated without fiscal obligation to the
United States.
(5) Duplication of language services and technical
operations among Middle East Broadcasting Networks
(including Radio Sawa), RFE/RL, Incorporated, and the
International Broadcasting Bureau will be reduced to
the extent appropriate, as determined by the Board.
(d) Not a Federal Agency or Instrumentality.--Nothing in this
title may be construed to make Middle East Broadcasting
Networks a Federal agency or instrumentality, nor shall the
officers or employees of Middle East Broadcasting Networks be
deemed to be officers or employees of the United States
Government.
(e) Audit and Inspection.--
(1) Comptroller general of the united states.--The
Comptroller General of the United States may exercise,
with respect to financial auditing of Middle East
Broadcasting Networks corporation, the authorities
provided by chapter 7 of title 31, United States Code,
to the extent such authorities may apply with respect
to corporations that are not Federal agencies or
instrumentalities.
(2) Inspector general.--The Inspector General of the
Department of State and the Broadcasting Board of
Governors may exercise with respect to Middle East
Broadcasting Networks corporation the authorities
granted by section 209 of the Foreign Service Act of
1980 (22 U.S.C. 3929) and the Inspector General Act of
1978 (5 U.S.C. App.) to the extent such authorities may
apply with respect to corporations that are not Federal
agencies or instrumentalities.
* * * * * * *
International Religious Freedom Act of 1998
* * * * * * *
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Commission [$3,000,000 for the fiscal year 2003] $3,000,000
for fiscal year 2006 and such sums as may be necessary for
fiscal year 2007 to carry out the provisions of this title.
(b) Availability of Funds.--Amounts authorized to be
appropriated under [subparagraph (a)] subsection (a) are
authorized to remain available until expended but not later
than the date of termination of the Commission.
* * * * * * *
Diplomatic Security Act
* * * * * * *
SEC. 301. ACCOUNTABILITY REVIEW BOARDS.
(a) In General.--
(1) Convening a board.--Except as provided in
[paragraph (2)] paragraph (2) and (3), in any case of
serious injury, loss of life, or significant
destruction of property at, or related to, a United
States Government mission abroad, and in any case of a
serious breach of security involving intelligence
activities of a foreign government directed at a United
States Government mission abroad, which is covered by
the provisions of titles I through IV (other than a
facility or installation subject to the control of a
United States area military commander), the Secretary
of State shall convene an Accountability Review Board
(in this title referred to as the ``Board''). The
Secretary shall not convene a Board where the Secretary
determines that a case clearly involves only causes
unrelated to security.
(2) Department of defense facilities and personnel.--
The Secretary of State is not required to convene a
Board in the case of an incident described in paragraph
(1) that involves any facility, installation, or
personnel of the Department of Defense with respect to
which the Secretary has delegated operational control
of overseas security functions to the Secretary of
Defense pursuant to section 106 of this Act. In any
such case, the Secretary of Defense shall conduct an
appropriate inquiry. The Secretary of Defense shall
report the findings and recommendations of such
inquiry, and the action taken with respect to such
recommendations, to the Secretary of State and
Congress.
(3) Facilities in afghanistan and iraq.--
(A) Limited exemption from requirement to
convene board.--The Secretary of State is not
required to convene a Board in the case of an
incident that--
(i) involves serious injury, loss of
life, or significant destruction of
property at, or related to, a United
States Government mission in
Afghanistan or Iraq; and
(ii) occurs during the period
beginning on July 1, 2004, and ending
on September 30, 2009.
(B) Reporting requirements.--In the case of
an incident described in subparagraph (A), the
Secretary shall--
(i) promptly notify the Committee on
International Relations of the House of
Representatives and the Committee on
Foreign Relations of the Senate of the
incident;
(ii) conduct an inquiry of the
incident; and
(iii) upon completion of the inquiry
required by clause (ii), submit to such
committees a report on the findings and
recommendations related to such inquiry
and the actions taken with respect to
such recommendations.
* * * * * * *
SEC. 304. FINDINGS AND RECOMMENDATIONS BY A BOARD.
(a) Findings.--A Board convened in any case shall examine
the facts and circumstances surrounding the serious injury,
loss of life, or significant destruction of property at or
related to a United States Government mission abroad or
surrounding the serious breach of security involving
intelligence activities of a foreign government directed at a
United States Government mission abroad (as the case may be)
and shall make written findings determining--
(1) the extent to which the incident or incidents
with respect to which the Board was convened was
security related;
(2) whether the security systems and security
procedures at that mission were adequate;
(3) whether the security systems and security
procedures were properly implemented;
(4) the impact of intelligence and information
availability; and
(5) such other facts and circumstances which may be
relevant to the appropriate security management of
United States missions abroad.
(b) Program Recommendations.--A Board shall submit its
findings (which may be classified to the extent deemed
necessary by the Board) to the Secretary of [State,] State and
the appropriate congressional committees, together with
recommendations as appropriate to improve the security and
efficiency of any program or operation which the Board has
reviewed.
(c) Personnel Recommendations.--Whenever a Board finds
reasonable cause to believe that an individual described in
section 303(a)(1)(B) has breached the duty of that individual,
the Board shall--
(1) notify the individual concerned,
(2) transmit the finding of reasonable cause,
together with all information relevant to such finding,
to the head of the appropriate Federal agency or
instrumentality, and
(3) recommend that such agency or instrumentality
initiate an appropriate investigatory or disciplinary
action.
In determining whether an individual has breached a duty of
that individual, the Board shall take into account any standard
of conduct, law, rule, regulation, contract, or order which is
pertinent to the performance of the duties of that individual.
(d) Reports.--
[(1) Program recommendations.--In any case in which a
Board transmits recommendations to the Secretary of
State under subsection (b), the Secretary shall, not
later than 90 days after the receipt of such
recommendations, submit a report to the Congress on
each such recommendation and the action taken with
respect to that recommendation.]
(1) Program recommendations.--In any case in which a
Board transmits recommendations under subsection (b) of
this section, the Secretary of State shall, not later
than 90 days after the receipt of such recommendations,
submit a report to the appropriate congressional
committees on each such recommendation and the action
taken with respect to that recommendation.
(2) Personnel recommendations.--In any case in which
a Board transmits a finding of reasonable cause under
subsection (c), the head of the Federal agency or
instrumentality receiving the information shall review
the evidence and recommendations and shall, not later
than 30 days after the receipt of that finding,
transmit to the [Congress] appropriate congressional
committees a report specifying--
(A) the nature of the case and a summary of
the evidence transmitted by the Board; and
(B) the decision by the Federal agency or
instrumentality, to take disciplinary or other
appropriate action against that individual or
the reasons for deciding not to take
disciplinary or other action with respect to
that individual.
(e) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means
the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives.
Omnibus Diplomatic Security and Antiterrorism Act of 1986
* * * * * * *
SEC. 406. EFFICIENCY IN CONTRACTING.
(a)-(b) * * *
(c) Disqualification of Contractors.--No person doing
business with Libya may be eligible for any contract awarded
pursuant to this Act.
Section 406(c) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (Public Law 99-399) is repealed.
* * * * * * *
The American Institute in Taiwan Facilities Enhancement Act
* * * * * * *
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized
to be appropriated [the sum of $75,000,000] such sums as may be
necessary to AIT--
(1) for plans for a new facility and, if necessary,
residences or other structures located in close
physical proximity to such facility, in Taipei, Taiwan,
for AIT to carry out its purposes under the Taiwan
Relations Act; and
(2) for acquisition by purchase or construction of
such facility, residences, or other structures.
* * * * * * *
Foreign Relations Authorization Act, Fiscal Years 1998 and 1999
* * * * * * *
Section 2311(b)(1) of the Foreign Relations Authorization
Act, Fiscal Years 1998 and 1999 (22 U.S.C. 4010 note) is
amended--
(1) by striking ``Not later than 90 days after the
date of enactment of this Act, the'' and inserting
``The'';
(2) by striking ``5 percent'' and inserting ``2
percent''; and
(3) by striking ``for 2 or more of the 5 years
preceding the date of enactment of this Act'' and
inserting ``at least twice in any 5-year period''.
SEC. 2311. FOREIGN SERVICE REFORM.
(a) * * *
(b) Expedited Separation Out.--
(1) Separation of lowest ranked foreign service
members.--[Not later than 90 days after the date of
enactment of this Act, the] The Secretary of State
shall develop and implement procedures to identify, and
recommend for separation, any member of the Foreign
Service ranked by promotion boards of the Department of
State in the bottom [5 percent] 2 percent of his or her
class [for 2 or more of the 5 years preceding the date
of enactment of this Act] at least twice in any 5-year
period (in this subsection referred to as the ``years
of lowest ranking'') if the rating official for such
member was not the same individual for any two of the
years of lowest ranking.
* * * * * * *
Radio Broadcasting to Cuba Act
* * * * * * *
Sec. 3. (a) In order to carry out the objectives set forth
in section 2, the Broadcasting Board of Governors (hereafter in
this Act referred to as the ``Board'') shall provide for the
open communication of information and ideas through the use of
radio broadcasting to Cuba. Radio broadcasting to Cuba shall
serve as a consistently reliable and authoritative source of
accurate, objective, and comprehensive news.
[(b) Radio broadcasting in accordance with subsection (a)
shall be part of the Voice of America radio broadcasting to
Cuba and shall be in accordance with all Voice of America
standards to ensure the broadcast of programs which are
objective, accurate, balanced, and which present a variety of
views.]
[(c) Radio broadcasting to Cuba authorized by this Act
shall utilize the broadcasting facilities located at Marathon,
Florida, and the 1180 AM frequency that were used by the Voice
of America prior to the date of enactment of this Act. Other
frequencies, not on the commercial Amplitude Modulation (AM)
Band (535 kHz to 1605 kHz), may also be simultaneously
utilized: Provided, That no frequency shall be used for radio
broadcasts to Cuba in accordance with this Act which is not
also used for all other Voice of America broadcasts to Cuba.
Time leased from nongovernmental shortwave radio stations may
be used to carry all or part of the Service programs and to
rebroadcast Service programs: Provided, That not less than 30
per centum of the programs broadcast or rebroadcast shall be
regular Voice of America broadcasts with particular emphasis on
news and programs meeting the requirements of section 503(2) of
Public Law 80-402.]
[(d) Notwithstanding subsection (c), in the event that
broadcasts to Cuba on the 1180 AM frequency are subject to
jamming or interference greater by 25 per centum or more than
the average daily jamming or interference in the twelve months
preceding September 1, 1983, the Broadcasting Board of
Governors may lease time on commercial or noncommercial
educational AM band radio broadcasting stations. The Federal
Communications Commission shall determine levels of jamming and
interference by conducting regular monitoring of the 1180 AM
frequency. In the event that more than two hours a day of time
is leased, not less than 30 per centum of the programing
broadcast shall be regular Voice of America broadcasts with
particular emphasis on news and programs meeting the
requirements of section 503(2) of Public Law 80-402.]
[(e)] (d) [Any program of United States Government radio
broadcasts to Cuba authorized by this section shall be
designated ``Voice of America: Cuba Service'' or ``Voice of
America: Radio Marti program''] Any service program of United
States Government radio broadcasts to Cuba authorized by this
section shall be designated ``Radio Marti program''.
[(f) In the event broadcasting facilities located at
Marathon, Florida, are rendered inoperable by natural disaster
or by unlawful destruction, the Broadcasting Board of Governors
may, for the period in which the facilities are inoperable but
not to exceed one hundred and fifty days, use other United
States Government-owned transmission facilities for Voice of
America broadcasts to Cuba authorized by this Act.]
* * * * * * *
Microenterprise for Self-Reliance and International Anti-Corruption Act
of 2000
* * * * * * *
SEC. 102. FINDINGS AND DECLARATIONS OF POLICY.
Congress makes the following findings and declarations:
(1) According to the World Bank, more than
1,200,000,000 people in the developing world, or one-
fifth of the world's population, subsist on less than
$1 a day.
* * * * * * *
(4)(A) The poor in the developing world, particularly
women, generally lack stable employment and social
safety nets.
(B) Women displaced by armed conflict are
particularly at risk, lacking access to traditional
livelihoods and means for generating income.
[(B)] (C) Many turn to self-employment to generate a
substantial portion of their livelihood. In Africa,
over 80 percent of employment is generated in the
informal sector of the self-employed poor.
[(C)] (D) These poor entrepreneurs are often trapped
in poverty because they cannot obtain credit at
reasonable rates to build their asset base or expand
their otherwise viable self-employment activities.
[(D)] (E) Many of the poor are forced to pay interest
rates as high as 10 percent per day to money lenders.
* * * * * * *
(13)(A) In order to reach tens of millions of the
poorest with microcredit, it is crucial to expand and
replicate successful microfinance institutions.
(B) Particular efforts should be made to expand the
availability of microcredit programs to internally
displaced persons, who historically have not had access
to such programs.
[(B)] (C) These institutions need assistance in
developing their institutional capacity to expand their
services and tap commercial sources of capital.
* * * * * * *
Foreign Relations Authorization Act, Fiscal Year 2003
* * * * * * *
SEC. 224. ADVISORY COMMITTEE ON CULTURAL DIPLOMACY.
(a) Establishment.-- * * *
* * * * * * *
(j) Termination.--The Advisory Committee shall terminate
September 30, [2005] 2007.
SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE PERFORMED
ABROAD.
(a)-(e) * * *
(f) Implementation.--The Office of Personnel Management, in
consultation with the Secretary, shall prescribe such
regulations, not later than 60 days after the date of the
enactment of the Foreign Relations Authorization Act, Fiscal
Years 2006 and 2007, and take such action as may be necessary
and appropriate to implement this section.
* * * * * * *
[SEC. 504. PERSONAL SERVICES CONTRACTING PILOT PROGRAM.]
SEC. 504. PERSONAL SERVICES CONTRACTING PROGRAM.
(a) In General.--The Director of the International
Broadcasting Bureau (in this section referred to as the
``Director'') may establish a [pilot] program (in this section
referred to as the ``program'') for the purpose of hiring
United States citizens or aliens as personal services
contractors, without regard to Civil Service and classification
laws, for service in the United States as [broadcasters,
producers, and writers] broadcasters and other broadcasting
specialists in the International Broadcasting Bureau to respond
to new or emerging broadcast needs or to augment broadcast
services.
(b) Conditions.--The Director is authorized to use the
authority of subsection (a) subject to the following
conditions:
(1) The Director determines that existing personnel
resources are insufficient and the need is not of
permanent duration.
(2) The Director approves each employment of a
personal services contractor.
(3) The contract length, including options, may not
exceed 2 years, unless the Director makes a finding
that exceptional circumstances justify an extension of
up to one additional year.
(4) Not more than a total of [60] 100 United States
citizens or aliens are employed at any one time as
personal services contractors under the program.
[(c) Termination of Authority.--The authority to award
personal services contracts under the pilot program authorized
by this section shall terminate on December 31, 2005. A
contract entered into prior to the termination date under this
subsection may remain in effect for a period not to exceed 6
months after such termination date.]
* * * * * * *
SEC. 694. REPORTS ON ACTIVITIES IN COLOMBIA.
(a) Report on Reform Activities.-- * * *
* * * * * * *
(b) Report on Certain Counternarcotics Activities.--
(1) Declaration of policy.-- * * *
* * * * * * *
(c) Report Consolidation.--The Secretary may satisfy the
annual reporting requirements of this section by incorporating
the required information with the annual report submitted
pursuant to section 489(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2291h(a)).
* * * * * * *
Intelligence Reform and Terrorism Prevention Act of 2004
* * * * * * *
Subtitle E--Treatment of Aliens Who Commit Acts of Torture,
Extrajudicial Killings, or Other Atrocities Abroad
* * * * * * *
SEC. 5506. REPORT ON IMPLEMENTATION.
Not later than 180 days after the date of enactment of this
Act, the Attorney General, in consultation with the Secretary
of Homeland Security and the Secretary of State, shall submit
to the Committees on the Judiciary of the Senate and the House
of Representatives a report on implementation of this subtitle
that includes a description of--
(1) the procedures used to refer matters to the
Office of Special Investigations and other components
within the Department of Justice and the Department of
Homeland Security in a manner consistent with the
amendments made by this subtitle;
(2) the revisions, if any, made to immigration forms
to reflect changes in the Immigration and Nationality
Act made by the amendments contained in this subtitle;
and
(3) the procedures developed, with adequate due
process protection, to obtain sufficient evidence to
determine whether an alien may be inadmissible under
the terms of the amendments made by this subtitle.
* * * * * * *
SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a) Findings.-- * * *
* * * * * * *
(c) Frontline Counterterrorist Travel Technology and
Training.--
(1) Technology acquisition and dissemination plan.--
Not later than 180 days after the date of enactment of
this Act, the Secretary of Homeland Security, in
conjunction with the Secretary of State, shall submit
to Congress a plan describing how the Department of
Homeland Security and the Department of State can
acquire and deploy, to the maximum extent feasible, to
all consulates, ports of entry, and immigration
benefits offices, technologies that facilitate document
authentication and the detection of potential terrorist
indicators on travel documents. To the extent possible,
technologies acquired and deployed under this plan
shall be compatible with systems used by the Department
of Homeland Security and the Department of State to
detect fraudulent documents and identify genuine
documents.
* * * * * * *
SEC. 7209. TRAVEL DOCUMENTS.
(a) Findings.-- * * *
* * * * * * *
[(d) Transit Without Visa Program.--The Secretary of State
shall not use any authorities granted under section
212(d)(4)(C) of such Act until the Secretary, in conjunction
with the Secretary of Homeland Security, completely implements
a security plan to fully ensure secure transit passage areas to
prevent aliens proceeding in immediate and continuous transit
through the United States from illegally entering the United
States.]
(d) Transit Without Visa Program.--The Secretary of Homeland
Security and the Secretary of State shall not use any
authorities granted under section 212(d)(4)(C) of such Act
until the Secretary of Homeland Security completely implements
a security plan to fully ensure secure transit passage areas to
prevent aliens proceeding in immediate and continuous transit
through the United States from illegally entering the United
States.
* * * * * * *
Secure Embassy Construction and Counterterrorism Act of 1999
* * * * * * *
SEC. 605. OBLIGATIONS AND EXPENDITURES.
(a) Report and Priority of Obligations.--
* * * * * * *
(c) [Semiannual] Annual Reports on Acquisition and Major
Security Upgrades.--On [June 1 and] December 1 of each year,
the Secretary of State shall submit a report to the appropriate
congressional committees on the embassy construction and
security program authorized under this title. The report shall
include--
(1) obligations and expenditures--
(A) during the previous [two fiscal quarters]
year; and
(B) since the enactment of this Act;
(2) projected obligations and expenditures for the
fiscal year in which the report is submitted and how
these obligations and expenditures will improve
security conditions of specific diplomatic facilities;
and
(3) the status of ongoing acquisition and major
security enhancement projects, including any
significant changes in--
(A) the budgetary requirements for such
projects;
(B) the schedule of such projects; and
(C) the scope of the projects.
* * * * * * *
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1994
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
Sec. 560. (a) * * *
* * * * * * *
[(g) None of the funds appropriated by this Act shall be
made available to any government of the New Independent States
of the former Soviet Union if that government directs any
action in violation of the territorial integrity or national
sovereignty of any other New Independent State, such as those
violations included in Principle Six of the Helsinki Final Act:
Provided, That such funds may be made available without regard
to the restriction in this subsection if the President
determines that to do so is in the national interest of the
United States: Provided further, That the restriction of this
subsection shall not apply to the use of such funds for the
provision of assistance for purposes of humanitarian, disaster
and refugee relief: Provided further, That thirty days after
the date of enactment of this Act, and then annually
thereafter, the Secretary of State shall report to the
Committees on Appropriations on steps taken by the governments
of the New Independent States concerning violations referred to
in this subsection: Provided further, That in preparing this
report the Secretary shall consult with the United States
Representative to the Conference on Security and Cooperation in
Europe.]
* * * * * * *
Arms Control and Disarmament Act
* * * * * * *
Sec. 306. (a) In General.--In order to ensure that arms
control, nonproliferation, and disarmament agreements can be
verified, the Secretary of State shall report to Congress, on a
timely basis, or upon request by an appropriate committee of
the Congress--
(1) in the case of any arms control,
nonproliferation, or disarmament agreement or other
formal commitment that has been concluded by the United
States, the determination of the Secretary of State as
to the degree to which the components of such agreement
or other formal commitment can be verified;
(2) in the case of any arms control,
nonproliferation, or disarmament agreement that has
entered into force, any significant degradation or
alteration in the capacity of the United States to
verify compliance of the components of such agreement
or other formal commitment;
* * * * * * *
[Sec. 403. (a) In General.--Not later than April 15 of each
year, the President shall submit to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate a report prepared by the Secretary of
State with the concurrence of the Director of Central
Intelligence and in consultation with the Secretary of Defense,
the Secretary of Energy, and the Chairman of the Joint Chiefs
of Staff, on the status of United States policy and actions
with respect to arms control, nonproliferation, and
disarmament. Such report shall include--
[(1) a detailed statement concerning the arms
control, nonproliferation, and disarmament objectives
of the executive branch of Government for the
forthcoming year;
[(2) a detailed assessment of the status of any
ongoing arms control, nonproliferation, or disarmament
negotiations, including a comprehensive description of
negotiations or other activities during the preceding
year and an appraisal of the status and prospects for
the forthcoming year;
[(3) a detailed assessment of adherence of the United
States to obligations undertaken in arms control,
nonproliferation, and disarmament agreements, including
information on the policies and organization of each
relevant agency or department of the United States to
ensure adherence to such obligations, a description of
national security programs with a direct bearing on
questions of adherence to such obligations and of steps
being taken to ensure adherence, and a compilation of
any substantive questions raised during the preceding
year and any corrective action taken;
[(4) a detailed assessment of the adherence of other
nations to obligations undertaken in all arms control,
nonproliferation, and disarmament agreements or
commitments, including the Missile Technology Control
Regime, to which the United States is a participating
state, including information on actions taken by each
nation with regard to the size, structure, and
disposition of its military forces in order to comply
with arms control, nonproliferation, or disarmament
agreements or commitments, and shall include, in the
case of each agreement or commitment about which
compliance questions exist--
[(A) a description of each significant issue
raised and efforts made and contemplated with
the other participating state to seek
resolution of the difficulty;
[(B) an assessment of damage, if any, to the
United States security and other interests; and
[(C) recommendations as to any steps that
should be considered to redress any damage to
United States national security and to reduce
compliance problems;
[(5) a discussion of any material noncompliance by
foreign governments with their binding commitments to
the United States with respect to the prevention of the
spread of nuclear explosive devices (as defined in
section 830(4) of the Nuclear Proliferation Prevention
Act of 1994) by non-nuclear-weapon states (as defined
in section 830(5) of that Act) or the acquisition by
such states of unsafeguarded special nuclear material
(as defined in section 830(8) of that Act), including--
[(A) a net assessment of the aggregate
military significance of all such violations;
[(B) a statement of the compliance policy of
the United States with respect to violations of
those commitments; and
[(C) what actions, if any, the President has
taken or proposes to take to bring any nation
committing such a violation into compliance
with those commitments; and
[(6) a specfic identification, to the maximum extent
practicable in unclassified form, of each and every
question that exists with respect to compliance by
other countries with arms control, nonproliferation,
and disarmament agreements with the United States.
[(b) Classification of the Report.--The report required by
this section shall be submitted in unclassified form, with
classified annexes, as appropriate. The portions of this report
described in paragraphs (4) and (5) of subsection (a) shall
summarize in detail, at least in classified annexes, the
information, analysis, and conclusions relevant to possible
noncompliance by other nations that are provided by United
States intelligence agencies.
[(c) Reporting Consecutive Noncompliance.--If the President
in consecutive reports submitted to the Congress under this
section reports that any designated nation is not in full
compliance with its binding nonproliferation commitments to the
United States, then the President shall include in the second
such report an assessment of what actions are necessary to
compensate for such violations.
[(d) Each report required by this section shall include a
discussion of each significant issue described in subsection
(a)(6) that was contained in a previous report issued under
this section during 1995, or after December 31, 1995, until the
question or concern has been resolved and such resolution has
been reported in detail to the appropriate committees of
Congress (as defined in section 1102(1) of the Arms Control,
Non-Proliferation, and Security Assistance Act of 1999).]
Sec. 403. (a) Report on Objectives and Negotiations.--Not
later than April 15 of each year, the President shall submit to
the Speaker of the House of Representatives and to the Chairman
of the Committee on Foreign Relations of the Senate a report
prepared by the Secretary of State, in consultation with the
Secretary of Defense, the Secretary of Energy, the Director of
National Intelligence, and the Chairman of the Joint Chiefs of
Staff, on the status of United States policy and actions with
respect to arms control, nonproliferation, and disarmament.
Such report shall include--
(1) a detailed statement concerning the arms control,
nonproliferation, and disarmament objectives of the
executive branch of Government for the forthcoming
year; and
(2) a detailed assessment of the status of any
ongoing arms control, nonproliferation, or disarmament
negotiations, including a comprehensive description of
negotiations or other activities during the preceding
year and an appraisal of the status and prospects for
the forthcoming year.
(b) Report on Compliance.--Not later than April 15 of each
year, the President shall submit to the Speaker of the House of
Representatives and to the Chairman of the Committee on Foreign
Relations of the Senate a report prepared by the Secretary of
State with the concurrence of the Director of the Central
Intelligence Agency and in consultation with the Secretary of
Defense, the Secretary of Energy, and the Chairman of the Joint
Chiefs of Staff on the status of United States policy and
actions with respect to arms control, nonproliferation, and
disarmament compliance. Such report shall include--
(1) a detailed assessment of adherence of the United
States to obligations undertaken in arms control,
nonproliferation, and disarmament agreements, including
information on the policies and organization of each
relevant agency or department of the United States to
ensure adherence to such obligations, a description of
national security programs with a direct bearing on
questions of adherence to such obligations and of steps
being taken to ensure adherence, and a compilation of
any substantive questions raised during the preceding
year and any corrective action taken;
(2) a detailed assessment of the adherence of other
nations to obligations undertaken in all arms control,
nonproliferation, and disarmament agreements or
commitments, including the Missile Technology Control
Regime, to which the United States is a participating
state, including information on actions taken by each
nation with regard to the size, structure, and
disposition of its military forces in order to comply
with arms control, nonproliferation, or disarmament
agreements or commitments, including, in the case of
each agreement or commitment about which compliance
questions exist--
(A) a description of each significant issue
raised and efforts made and contemplated with
the other participating state to seek
resolution of the difficulty;
(B) an assessment of damage, if any, to
United States security and other interests;
(C) recommendations as to any steps that
should be considered to redress any damage to
United States national security and to reduce
compliance problems; and
(D) for states that are not parties to such
agreements or commitments, a description of
activities of concern carried out by such
states and efforts underway to bring such
states into adherence with such agreements or
commitments;
(3) a discussion of any material noncompliance by
foreign governments with their binding commitments to
the United States with respect to the prevention of the
spread of nuclear explosive devices (as defined in
section 830(4) of the Nuclear Proliferation Prevention
Act of 1994 (22 U.S.C. 6305(4)) by non-nuclear-weapon
states (as defined in section 830(5) of that Act (22
U.S.C. 6305(5)) or the acquisition by such states of
unsafeguarded special nuclear material (as defined in
section 830(8) of that Act (22 U.S.C. 6305(8)),
including--
(A) a net assessment of the aggregate
military significance of all such violations;
(B) a statement of the compliance policy of
the United States with respect to violations of
those commitments; and
(C) what actions, if any, the President has
taken or proposes to take to bring any country
committing such a violation into compliance
with those commitments; and
(4) a specific identification, to the maximum extent
practicable in unclassified form, of each and every
question that exists with respect to compliance by
other countries with arms control, nonproliferation,
and disarmament agreements and other formal commitments
with the United States.
(c) Chemical Weapons Convention Compliance Report Requirement
Satisfied.--The report submitted pursuant to subsection (b)
shall include the information required under section 2(10)(C)
of Senate Resolution 75, 105th Congress, agreed to April 24,
1997, advising and consenting to the ratification of the
Convention on the Prohibition of Development, Production,
Stockpiling and Use of Chemical Weapons and on Their
Destruction, with annexes, done at Paris January 13, 1993 and
entered into force April 29, 1997 (popularly known as the
`Chemical Weapons Convention'; T.Doc. 103-21)
(d) Classification of Report.--The reports required by this
section shall be submitted in unclassified form, with
classified annexes, as appropriate. The report portions
described in paragraphs (2) and (3) of subsection (b) shall
summarize in detail, at least in classified annexes, the
information, analysis, and conclusions relevant to possible
noncompliance by other countries that are provided by United
States intelligence agencies.
(e) Reporting Consecutive Noncompliance.--If the President in
consecutive reports submitted to the Congress under subsection
(b) reports that any country is not in full compliance with its
binding nonproliferation commitments to the United States, then
the President shall include in the second such report an
assessment of what actions are necessary to compensate for such
violations.
(f) Additional Requirement.--Each report required by
subsection (b) shall include a discussion of each significant
issue described in subsection (b)(4) that was contained in a
previous report issued under this section during 1995, or after
December 31, 1995, until the question or concern has been
resolved and such resolution has been reported in detail to the
Committee on Foreign Relations and the Select Committee on
Intelligence of the Senate and the Committee on International
Relations and the Permanent Select Committee on Intelligence of
the House of Representatives.''.
* * * * * * *
Afghanistan Freedom Support Act of 2002
* * * * * * *
SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.
(a) Strategy.--
* * * * * * *
(c) Consolidation of Reports.--
(1) Authority.--In order to enhance efficient use of
resources, the President may consolidate or combine
into one submission for any year any of the following
matters required to be submitted in or for that year:
(A) The strategy under subsection (a).
(B) An annual report under subsection (b).
(C) An annual submission of the Afghanistan
assistance plan required under section 104(c).
(D) The semiannual report required under
section 206(c), relating to the implementation
of strategies for meeting the immediate and
long-term security needs of Afghanistan.
(2) Combined discussion.--The authority under
paragraph (1) includes authority to satisfy a
requirement for addressing a factor or a criterion in a
strategy, plan, or report referred to in that paragraph
by addressing that factor or criterion once in the
consolidated or combined submission for the purposes of
all such requirements.
Agricultural Trade Development and Assistance Act of 1954
* * * * * * *
TITLE I--TRADE AND DEVELOPMENT ASSISTANCE
* * * * * * *
SEC. 104. USE OF LOCAL CURRENCY PAYMENT.
(a) In General.--Agreements under this title may provide that
the Secretary shall use payments made in local currencies by
the developing country or private entity in accordance with
this section.
(b) Special Account.--Foreign currencies received by the
Secretary under this title shall be deposited in a separate
account, that may be interest-bearing, to the credit of the
United States and such currencies and interest thereon shall be
used as provided for in this section.
(c) Activities.--The proceeds from the payments referred to
in subsection (a) may be used in the appropriate developing
country for the following:
(1) Trade development.--To carry out programs to help
develop markets for United States agricultural
commodities on a mutually beneficial basis in the
appropriate developing country.
* * * * * * *
(8) United States obligations.--To make payments of
United States obligations (including obligations
entered into pursuant to other laws).
(9) Safe water.--To provide assistance under section
104D of the Foreign Assistance Act of 1961 to advance
good health and promote economic development by
improving the safety of water supplies, including
programs related to drilling or maintaining wells.
* * * * * * *