[Senate Report 108-56]
[From the U.S. Government Publishing Office]
Calendar No. 116
108th Congress Report
SENATE
1st Session 108-56
======================================================================
FOREIGN ASSISTANCE AUTHORIZATION ACT,
FISCAL YEAR 2004
_______
May 29, 2003.--Ordered to be printed
Filed under authority of the order of the Senate of May 23, 2003.
_______
Mr. Lugar, from the Committee on Foreign Relations,
submitted the following
R E P O R T
[To accompany S. 1161]
The Committee on Foreign Relations, having had under
consideration an original bill to authorize appropriations for
foreign assistance programs for fiscal year 2004, reports
favorably thereon with amendments and recommends that the bill
as amended do pass.
CONTENTS
Page
I. Purpose..........................................................1
II. Committee Action.................................................2
III. Funding for Foreign Operations Programs..........................4
IV. Section-by-Section Analysis......................................5
V. Regulatory Impact Statement.....................................34
VI. Cost Estimate...................................................34
VII. Changes in Existing Law.........................................34
I. Purpose
The Foreign Assistance Authorization Act, Fiscal Year 2004,
authorizes funding for a majority of United States economic,
security and humanitarian aid programs. In addition, it revises
and updates existing authorities to make them consistent with
current practices. The bill authorizes full United States
participation in several multilateral development bank
replenishments, and includes two new initiatives, the
Radiological Terrorism Threat Reduction Act, and the Global
Pathogen Surveillance Act.
II. Committee Action
The Committee held a series of public hearings this year
focused on the issues addressed in this legislation. On
February 6, Secretary of State Colin Powell testified regarding
the President's budget request for international affairs. On
March 18, State Department officials testified on the
Department's role as coordinator of the non-military war on
terrorism overseas. The non-proliferation programs of the
Department were the focus of a hearing on March 19. On March 26
and April 2, the Committee held two hearings on the role that
U.S. foreign assistance can play in six regions of the world:
the Near East, South Asia, East Asia, Eurasia, the Western
Hemisphere, and Africa. At these two hearings, the Committee
heard testimony from six regional Assistant Secretaries of
State and their United States Agency for International
Development (USAID) counterparts. The Committee also held a
hearing on the President's proposed Millennium Challenge
Account on March 4. In other hearings and briefings on such
issues as the UN Security Council deliberations on Iraq,
developments on the Korean Peninsula, negotiations with Turkey,
global hunger, plans for post-conflict Iraq, and the difficult
task of helping to build a prosperous and stable Afghanistan,
the Committee has probed issues related to the authorization of
foreign assistance.
In these hearings and briefings, the Committee examined how
the Administration's 2004 budget request will support U.S.
foreign policy interests. This process was very informative for
Committee members as they undertook the task of writing a
foreign assistance authorization bill that carefully examines
existing programs and addresses emerging needs.
Since the mid-1980s, Congress has not fulfilled its
responsibility to pass an Omnibus Foreign Assistance
Authorization Act. Several discrete measures, such as the
FREEDOM Support Act, the SEED Act, Security Assistance Acts,
and other assistance bills have been enacted. But in the
absence of a comprehensive authorization, much of the
responsibility for providing guidance for foreign assistance
policy has fallen to the Appropriations Committees.
Appropriators have kept our foreign assistance programs going,
but in many cases, they have had to do so without proper
authorization. Appropriators have frequently had to waive the
legal requirement for an authorization bill.
The Senate Foreign Relations Committee intends that this
legislation will help reinforce the Committee's role in the
foreign assistance process. We appreciate the cooperation and
consultations provided by the State Department, USAID, and the
Appropriations Committee.
This legislation authorizes funding levels for most of the
foreign operations accounts within Function 150 for fiscal year
2004. The Committee used the request submitted by the President
last February as a starting point. The executive branch works
with our embassies around the world to develop its budget
requests. That information was supplemented by the hearings and
briefings cited above, as well as discussions associated with
the State Department authorization bill.
With this information, the Committee has reported a bill
that stays within the Budget Resolution's funding levels. The
Budget Committee reduced the President's requested amount for
the Function 150 account by $1.15 billion. In response, the
Chairman of the Senate Foreign Relations Committee proposed an
amendment to the Budget Resolution that sought to restore this
cut. That amendment was successful in restoring the amount
requested by the Administration for the Function 150 account.
In this effort, the Foreign Relations Committee worked with the
Budget Committee and within the rules to achieve the final
funding levels applicable to the Function 150 account. Many
members of the Committee would like to have more funding
available. Having worked within the Budget process, however,
the Committee has complied with the limits set down in the
Budget Resolution.
The Committee has made relatively few changes to the
amounts requested by the President. This bill provides a $70
million increase to fund activities under the FREEDOM Support
Act (FSA), a $40 million increase for the Support for Eastern
European Democracy (SEED) Act, a $15 million increase for
Development Assistance, a $6 million increase for Peacekeeping
Operations, and a $100 million increase for the Non-
proliferation, Anti-terrorism, Demining and Related Programs
(NADR) account.
On the other side of the ledger, the Committee made a small
cut in the Andean Counterdrug Initiative. It has been reduced
from $731 million to $700 million, the amount appropriated in
the previous fiscal year. In addition, the Committee has
authorized two new contingency funds at the request of the
President: the Complex Foreign Crises Fund and the Famine Fund.
But the Committee has not authorized specific amounts for these
Funds. The Committee chose to address the President's proposed
Millennium Challenge Account as a distinct bill, separate from
the foreign assistance authorization bill.
At a Committee meeting on March 21, 2003, the Committee
considered an original bill presented by the Chairman. A number
of amendments to the bill were adopted, by voice vote:
An amendment by Senator Boxer expressing the policy
of the United States to work toward the participation
of women in the reconstruction of Iraq.
An amendment by Senator Dodd to add restrictions
with respect to assistance to Colombia for fiscal year
2004.
An amendment by Senator Dodd to authorize assistance
for programs to educate children in Afghanistan and
other affected areas about the dangers of landmines and
other unexploded ordinances.
An amendment by Senator Feingold to express the
sense of the Congress related to support for peaceful
development in Sierra Leone, to require a report on the
feasibility of establishing a United States Mission in
Sierra Leone, and to authorize funds in support of
programs for Sierra Leone.
An amendment by Senator Feingold to authorize funds
to support independent media in Ethiopia.
An amendment by Senator Feingold expressing the
policy of the United States to support accountability
for human rights abuses and crimes against humanity in
Central Africa; to require a report on the actions
taken by the United States to implement this policy;
and to authorize funds to support the development of
justice and reconciliation mechanisms in the region.
An amendment by Senator Feingold to: authorize funds
for support of the African Contingency Operations
Training and Assistance Program (ACOTA); establish
eligibility criteria for participation in ACOTA;
express the sense of Congress that the Department of
State should provide information about ACOTA training
to nationals of participating countries; and to express
the sense of Congress that the Department of State
should provide to Congress a report on the performance
and conduct of military units receiving ACOTA
assistance.
An amendment by Senator Feingold to impose a
certification condition on certain assistance to the
Government of Indonesia or the Indonesian Armed Forces.
An amendment by Senator Enzi to express the sense of
Congress relating to exports of defense items to the
United Kingdom.
An amendment by Senator Enzi to exempt certain
transfers of marketing information directly related to
the sale of commercial communications satellites and
related parts from the licensing requirements of the
Arms Export Control Act.
The following amendment was adopted following a roll-call vote:
An amendment by Senator Dodd to include certain
nations of the Caribbean Region to the list of
countries eligible for assistance from the Combat HIV/
AIDS Globally Fund, adopted by a vote of 11 to 7. Ayes:
Senators Hagel, Sununu, Biden, Sarbanes, Dodd, Kerry,
Feingold, Boxer, Nelson, Rockefeller, and Corzine.
Nays: Senators Lugar, Chaffee, Allen, Enzi, Voinovich,
Alexander, and Coleman.
The Committee ordered the bill reported, as amended, by a
vote of 19 to 0. Ayes: Senators Lugar, Hagel, Chafee, Allen,
Brownback, Enzi, Voinovich, Alexander, Coleman, Sununu, Biden,
Sarbanes, Dodd, Kerry, Feingold, Boxer, Nelson, Rockefeller,
and Corzine.
III. Funding for Foreign Operations Programs
funding for foreign operations programs
[in millions of U.S. dollars]
----------------------------------------------------------------------------------------------------------------
FY 03 FY 03 FY 03 FY 04 FY 04
Foreign Operations Programs Reg.\1\ Sup. Total Request Auth.
----------------------------------------------------------------------------------------------------------------
TOTAL....................................................... 13,403 4,927 18,330 15,434 \2\15,03
4
================================================================================================================
Child Survival and Health Programs Fund (CSH)................. 1,825 90 1,915 1,495 1,495
Development Assistance........................................ 1,380 -- 1,380 1,345 1,360
International Disaster Assistance............................. 288 144 432 236 236
Transition Initiatives........................................ 50 -- 50 55 55
USAID Operating Expenses (OE)................................. 568 25 593 604 604
USAID Credit Programs......................................... 8 -- 8 8 8
USAID Capital Investment Fund................................. 43 -- 43 146 146
USAID Inspector General....................................... 33 -- 33 35 35
Economic Support Fund (ESF)................................... 2,255 2,422 4,677 2,535 2,535
Support for Eastern European Democracy (SEED)................. 522 -- 522 435 475
Assistance for the Independent States (FSA/NIS)............... 755 -- 755 576 646
Inter-American Foundation..................................... 16 -- 16 15 15
African Development Foundation................................ 19 -- 19 18 18
Millennium Challenge Account.................................. -- -- -- 1,300 1,000
International Narcotics Control and Law Enforcement (INCLE)... 196 25 221 285 285
Andean Counterdrug Initiative (ACI)........................... 696 34 730 731 700
Nonproliferation, Anti-Terrorism, Demining (NADR)............. 304 28 332 385 485
Treasury Technical Assistance................................. 11 -- 11 14 14
International Military Education & Training (IMET)............ 80 -- 80 92 92
Foreign Military Financing (FMF).............................. 4,046 2,059 6,105 4,414 4,414
Peacekeeping Operations (PKO)................................. 114 100 214 95 101
International Organizations & Programs (IO&P) \3\............. 194 -- 194 315 315
U.S. Emergency Fund for Complex Foreign Crises................ -- -- -- 100 --
Famine Fund................................................... -- -- -- 200 --
----------------------------------------------------------------------------------------------------------------
\1\ Amounts adjusted to reflect a rescission of 0.65%
\2\ The reduction to this account was necessary becuse of increases made to State Department operating accounts
in S. 925.
\3\ FY 04 amounts include $120 million for UNICEF which was funded in FY03 in the CSH account.
IV. Section-by-Section Analysis
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SUBTITLE A--DEVELOPMENT ASSISTANCE AND RELATED PROGRAMS AUTHORIZATIONS
Sec. 101. Development Assistance
This section authorizes the appropriation of $1,360,000,000
for Development Assistance programs as requested, including
programs in the agriculture, education, environment sectors, as
well as the Development Fund for Africa. 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.
Sec. 102. Child Survival and Health Programs Fund
This section authorizes the appropriation of $1,495,000,000
for child survival, health, and family planning programs for
fiscal year 2004, the same amount as proposed by the President.
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. 103. 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 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 2004
may be used to provide loans and partial loan guarantees under
this section. It authorizes the appropriation for
administrative expenses to carry out this section for Fiscal
Year 2004.
This section also authorizes not more than $21,000,000 of
the funds made available for fiscal year 2004 for economic
assistance, including assistance for the former Soviet Union
and Eastern Europe, for loans and loan guarantees in order to
carry out the economic assistance objectives of the Foreign
Assistance Act.
Sec. 104. Program to Provide Technical Assistance to Foreign
Governments and Foreign Central Banks of Developing or
Transitional Countries
This section authorizes the appropriation of $14,000,000
for fiscal year 2004 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. 105. International Organizations and Programs
This section authorizes the appropriation of $314,500,000
for fiscal year 2004 for voluntary contributions to
international organizations and programs. This is the same as
proposed by the President.
Sec. 106. Continued Availability of Certain Funds Withheld From
International Organizations
This section tracks authority provided in recent
appropriations acts whereby any funds available in any fiscal
year to carry out the provisions of this chapter that are
returned or withheld from international organizations and
programs as a result of the restrictions of section 307 of the
Foreign Assistance Act shall remain available for obligation
until the end of the following fiscal year for which such funds
were appropriated.
Sec. 107. International Disaster Assistance
This section authorizes the appropriation of $235,500,000
for fiscal year 2004 for international disaster assistance, the
same as requested by the President.
Sec. 108. Transition Initiatives
This section authorizes the appropriation of $55,000,000,
as proposed, for fiscal year 2004 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. Although this program has not
been specifically authorized in the Foreign Assistance Act,
funds have been appropriated for this activity since 1994 when
USAID established the Office of Transition Initiatives.
Sec. 109. Famine Assistance
This section authorizes the appropriation of such sums as
may be necessary for fiscal year 2004 for a new Famine Fund,
requested for the first time for fiscal year 2004. Assistance
is authorized for famine prevention and relief, including
mitigation of the effects of famine. The President is to
provide fifteen-day advance notification to the authorization
and appropriations committees each time the authority is used.
Sec. 110. Assistance for the Independent States of the Former Soviet
Union
This section authorizes the appropriation of $646,000,000
for fiscal year 2004 for assistance for the independent states
of the former Soviet Union under the Freedom Support Act.
The Committee received a request of $576 million for
programs in the Freedom Support Act (FSA) account for the Newly
Independent States of the former Soviet Union for Fiscal Year
2004. The Committee notes that the Administration's request is
$184 million below the appropriated level of Fiscal Year 2003.
The request for this account is substantially lower than
previous years. The Committee recommends a $70 million increase
for this account, to total $646 million.
The Committee believes that the Administration's proposed
cuts in funding for assistance under the FSA are too steep and,
if implemented, would seriously harm U.S. interests in
stability, democracy and market reform in the Newly Independent
States. The additional funding authorized is primarily intended
to increase resources available for programs to support
democratic development, civil society, and market reform in the
former Soviet states. The Committee also supports using
additional funds to bolster counternarcotics programs underway
in Central Asian states bordering Afghanistan which are
critical to maintaining stability in that region. The Committee
urges the Administration to ensure that funding for Educational
and Cultural Exchanges (ECE) Account programs, in the FSA
countries, which are now funded in the State Department
Authorization bill, are maintained at fiscal year 2003 levels.
Since the passage of the FSA, funds have been committed to
help support non-governmental organizations that focus on
environmental issues. The environmental impact from the weapons
of mass destruction and their means of delivery created by the
former Soviet Union continues to be a major problem. As the
State Department and USAID work toward a policy of graduation
for the Newly Independent States from a number of development
programs, the Committee believes that environmental issues
should continue to play an important role in the development of
stable, civil societies.
Sec. 111. Assistance for Eastern Europe and the Baltic States
This section authorizes the appropriation of $475,000,000
for fiscal year 2004 for assistance for Eastern Europe and the
Baltic states, under the Support for East European Democracy
(SEED) and the Foreign Assistance Act.
The President requested $435 million for the Support for
Eastern Europe Democracies (SEED) account for Fiscal Year 2004.
The Committee notes that this request is $90 million below the
appropriated level for Fiscal Year 2003, substantially lower
than previous years. The Committee recommends an increase of
$40 million, to total $475 million, which the Committee
believes is vital to assisting Europe's eastern half achieve
democracy and free market economies.
The Committee believes that these proposed cuts in funding
for assistance under the SEED account are too steep and, if
implemented, would seriously harm U.S. interests in a vitally
important region still recovering from three Balkan wars in the
1990s. The additional funding is primarily intended to increase
resources available for programs to enhance law enforcement to
combat organized crime in the Balkans and security on the
ground for U.S. peacekeeping troops in Kosovo and Bosnia, and
to speed up the stabilization process in the countries of the
former Yugoslavia and in Albania. The additional funding would
also be used to assist with market reform programs in European
Union (EU) candidate countries, Bulgaria and Romania, to
maximize their potential for successful and timely entry into
the EU, and to assist them in addressing the challenges of
organized crime and corruption. The Committee urges the
Administration to ensure that funding for Educational and
Cultural Exchanges (ECE) Account programs, in the SEED
countries, which are now funded in the State Department
Authorization bill, are maintained at a robust level.
Sec. 112. Operating Expenses of the United States Agency for
International Development
This section authorizes the appropriation of $750,400,000
for fiscal year 2004 for the operating expenses of the United
States Agency for International Development, the same amount
requested. Of this total, $146,300,000 is authorized to be
appropriated for overseas construction and related costs and
for enhancement of information technology and related
investments. In addition, $35,000,000 is authorized to be
appropriated for operational costs of the Office of Inspector
General of the Agency.
SUBTITLE B--COUNTERNARCOTICS, SECURITY ASSISTANCE, AND RELATED PROGRAMS
AUTHORIZATIONS
Sec. 121. Complex Foreign Contingencies
This section amends the Foreign Assistance Act to authorize
the establishment of a complex foreign contingencies fund. The
fund can be used to support a range of foreign assistance
activities including support for peace and humanitarian
intervention operations to prevent or respond to foreign
territorial disputes, armed ethnic and civil conflicts that
pose threats to regional and international peace, and acts of
ethnic cleansing, mass killing or genocide. The President is
required to notify the relevant committees of the Congress at
least 5 days prior to the obligation of funds from the Fund.
The President currently has the authority under the Foreign
Assistance Act to provide assistance when crises occur, but
this authority does not provide funding with which to address
those crises. Currently, in order to address such events, the
administration is required to reprogram funds from other
accounts, most of which have already been cut to a level that
threatens program efficacy. This fund would permit the
President, during times of crises, to continue funding at an
appropriate level those programs that the Committee supports,
while at the same time having the resources to address
immediate and unanticipated crises. The Committee expects that
the Administration will consult extensively with the Committee
prior to exercising this authority.
Sec. 122. International Narcotics Control and Law Enforcement
Subsection (a) of this section authorizes the appropriation
of $985,000,000 for fiscal year 2004 for international
narcotics control and law enforcement assistance, of which
$700,000,000 is authorized to be appropriated for the Andean
Counterdrug Initiative. This is a reduction of $30,500,000 from
the request.
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 current ceiling of
400 each on the numbers of U.S. civilian and military personnel
in Colombia and 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, conditions which are
currently in effect for fiscal year 2003.
Sec. 123. Economic Support Fund
The Committee has authorized in subsection (a) of this
section the appropriation of $2,535,000,000 for fiscal year
2004 for Economic Support Fund (ESF) programs. The Committee
supports the full request level for Economic Support Funds to
provide assistance to allies and countries in transition to
democracy, to support the Middle East peace process, including
the Administration's efforts to make progress under the Road
Map, and to finance economic stabilization programs.
The Committee has, in subsection (b), amended 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. The Committee recognizes that the
Administration continues to phase out U.S. economic assistance
to Israel and encourages Israel's efforts to increase the role
of the private sector, promote productive investment, reform
taxes and promote more efficient use of resources. 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.
The Committee has amended the Security Assistance Act of
2000 to authorize ESF assistance to continue strong support for
stability and prosperity in Egypt. The Committee recognizes
Egypt is a key partner in the region and elements of this
assistance may be integrated into the Middle East Partnership
Initiative. This ESF will help reinvigorate economic
development and foster economic reforms, alleviate poverty, and
support development of democratic institutions and bolster
public health services.
Sec. 124. International Military Education and Training
This section authorizes the appropriation of $91,700,000
for fiscal year 2004 for International Military Education and
Training programs, the same as the request.
The Committee is encouraged by the executive branch's
careful approach to security assistance for Nigeria, in
accordance with section 557 of the Foreign Operations Export
Financing, and Related Programs Appropriations Act of 2003
(P.L. 108-007). The Committee believes that concrete progress
on accountability for abuses of civilians reportedly
perpetrated by the Nigerian military will demonstrate a shared
commitment to professionalism and respect for basic human
rights, restoring confidence in the U.S.-Nigerian security
assistance relationship.
Sec. 125. Peacekeeping Operations
This section authorizes the appropriation for fiscal year
2004 of $101,900,000 for voluntary Peacekeeping Operations
programs. The Committee notes with concern that the budget
request for fiscal year 2004, in the amount of $94.9 million,
is 30 percent less than fiscal year 2002 and 18 percent less
than regular 2003 appropriations. The Committee is concerned
that such a significant reduction in funding over the last few
years does not properly reflect any diminution of conflict,
especially in Sub-Saharan Africa, and has therefore provided an
additional $6 million above the President's request for this
account.
The Committee recognizes the importance placed on support
for voluntary peacekeeping activities as a critical aspect of
national security that is responsive and flexible. It supports
the understanding that well-funded peacekeeping operations can
also assist in the broader war on terrorism, as terrorist
organizations often fill the political and social void created
by conflict. The African continent has seen a sharp reduction
in the peacekeeping budget from nearly $55 million in fiscal
year 2002, to $40 million in 2003, to $24 million for 2004. The
Committee is concerned that after fulfilling the planned
funding of $15 million for training regional peacekeepers
through the Africa Contingency Operations Training and
Assistance (ACOTA) program, there will only be $9 million
remaining for ongoing crises and potential hotspots across the
entire continent. The Committee is further concerned that past
investments in ongoing peacekeeping and conflict resolution
programs in the Mano River region of West Africa, Cote
d'Ivoire, Burundi, and in Democratic Republic of the Congo, as
well as other areas, risk being lost completely. The Committee
recognizes the particular value of such programming reducing
the likelihood of expensive international interventions.
Sec. 126. Nonproliferation, Anti-Terrorism, Demining, and Related
Assistance
The budget request for fiscal year 2004 for the NADR
account totaled $385.2 million, an amount that is $78.8 million
higher than the original fiscal year 2003 request ($50.8
million higher including the emergency supplemental). The
Committee authorizes $485.2 million for fiscal year 2004 for
the NADR account, an increase of $100.0 million over the amount
of the budget request. In keeping with appropriations
legislation over the past several years, this section
consolidates the authorization of appropriations for
nonproliferation, anti-terrorism, demining and certain related
functions into a single account.
The Committee recommends the authorization for this account
be allocated as follows:
------------------------------------------------------------------------
($ in
thousands)
------------------------------------------------------------------------
Nonproliferation and Disarmament Fund...................... $45,000
Export Control and Border Security......................... $45,000
Science Centers and Bioredirection......................... $69,000
IAEA Voluntary Contribution................................ $50,000
International Monitoring System (CTBT)..................... $19,300
Anti-Terrorism Assistance.................................. $116,400
Terrorist Interdiction Program............................. $14,000
CT Engagement with Allies.................................. $2,500
Humanitarian Demining Program.............................. $60,000
International Trust Fund for Demining...................... $10,000
Small Arms/Light Weapons Destruction....................... $4,000
Radiological Terrorism Threat Reduction Act................ $15,000
Global Pathogen Surveillance Act........................... $35,000
------------------------------------------------------------------------
The increased authorization level above the President's
request for this account reflects the Committee's strong
support for efforts contained in this account: efforts to
prevent the spread of weapons of mass destruction, their
materials, and associated knowledge; the need to educate and
assist other countries in effective export controls and border
security; the necessity to provide adequate support for the war
on terrorism; the value of humanitarian demining and small
arms/light weapons destruction; the urgency of reducing the
international threat posed by radiological dispersion devices;
and the importance of enhancing assistance to developing
countries to better monitor and contain infectious disease
epidemics.
The Committee notes that the Department of State has been
increasing its efforts to work with countries on a regional
basis to improve their anti-terrorism and border control
capabilities. The tri-border region of Latin America
(Argentina, Brazil and Paraguay) is a prime example. The United
States takes part in annual meetings with these three countries
and has sent teams to consult with local officials. FY 2002
supplemental funds provided $1 million for a needs assessment
in the tri-border area, limited training and enhancements to
bridge gaps in information sharing about persons suspected of
involvement in international terrorist groups.
The Committee urges the Department to follow up these
efforts, in conjunction with other interested Departments, and
to pay particular attention to training and related equipment
for countering terrorist financing, transnational crime
intelligence sharing, and border security in the tri-border
area. More broadly, the committee also urges the Department to
work closely with other U.S. Government agencies, the United
Nations Counter-Terrorism Committee, and regional groups, such
as the Organization of American States' CICTE and CICAD, to
help countries strengthen their counterterrorism capabilities,
including improving their counterterrorism laws, regulations
and implementation capabilities.
Sec. 127. Foreign Military Financing Program
Subsection (a) of this section authorizes the appropriation
of $4,414,000,000 for fiscal year 2004 for Foreign Military
Financing programs, as requested.
Subsection (b) amends the Security Assistance Act of 2000
to authorize the appropriation for fiscal year 2004 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 2004 for
Israel.
Subsection (c) amends the Security Assistance Act of 2000
to authorize FMF assistance for Egypt and continues the
requirement to disburse FMF assistance for Egypt in an
interest-bearing account.
SUBTITLE C--INDEPENDENT AGENCIES AUTHORIZATIONS
Trade and Development Agency.--Current law provides
permanent authorization of such sums as may be necessary for
the Trade and Development Agency. This authorization was
provided as part of the Export Enhancement Act of 1999, which
also authorized funding for the Overseas Private Investment
Corporation. The Committee recommends funding of $65 million
for the Trade and Development Agency for fiscal year 2004. This
amount is $5 million above the budget request. The Committee
recommends that the additional amount be directed to trade
capacity building assistance. In fiscal year 2003, the Congress
provided an additional $2.5 million for the Trade and
Development Agency for trade capacity building assistance. This
year the United States has initiated negotiations on free trade
agreements with Australia, Morocco, the Central American
countries of Costa Rica, El Salvador, Guatemala, Honduras, and
Nicaragua, and the Southern African Customs Union countries of
Botswana, Lesotho, Namibia, South Africa, and Swaziland. The
Administration has recently indicated that it will initiate
negotiations on a free trade agreement with Bahrain. The
dramatic increase in the number of free trade agreements that
the United States is negotiating with developing countries
necessitates an increase in funding for trade capacity building
assistance designed to enhance these countries' abilities to
participate fully in the negotiations and to derive the
benefits of any resulting agreements.
Sec. 131. Inter-American Foundation
This section authorizes the appropriation of $15,185,000
for fiscal year 2004 for the Inter-American Foundation. This is
identical to the President's request.
Sec. 132. African Development Foundation
This section authorizes the appropriation of $17,689,000,
as requested, for fiscal year 2004 for the African Development
Foundation.
SUBTITLE D--MULTILATERAL DEVELOPMENT BANK AUTHORIZATIONS
Sec. 141. Contribution to the Seventh Replenishment of The Asian
Development Fund
This section amends the Asian Development Bank Act to
authorize the United States contribution to the seventh
replenishment of the Asian Development Fund, the concessional
lending arm of the Asian Development Bank. It authorizes the
appropriation without fiscal year limitation and the
contribution of $412 million for payment by the Secretary of
the Treasury to the Asian Development Fund to satisfy fully the
four-year United States commitment to the seventh
replenishment.
Sec. 142. Contribution to the Thirteenth Replenishment of the
International Development Association
This section amends the International Development
Association Act (22 U.S.C. 284 et seq.) to authorize the United
States contribution to the thirteenth replenishment of the
International Development Association, the concessional lending
arm of the World Bank. It authorizes the appropriation without
fiscal year limitation and the contribution of $2.85 billion
for payment by the Secretary of the Treasury to the
International Development Association to satisfy fully the
three-year United States commitment to the thirteenth
replenishment.
As part of the agreement establishing the thirteenth
replenishment of the International Development Association, the
United States achieved agreement to enhance the institutional
focus on performance and results measurement. The United States
developed a performance-based contribution structure under
which the United States will provide an additional $100 million
in fiscal year 2004 and an additional $200 million in fiscal
year 2005 if the International Development Association meets
certain performance targets.
Subsection (c) of the amendment contained in this section
supports the United States efforts to enhance transparency and
accountability at the multilateral development institutions.
Paragraph (1) states the policy of the United States that each
multilateral development institution that has a United States
Executive Director should adopt certain policies designed to
enhance transparency and accountability. Paragraph (2)
establishes an implementation goal for the adoption of these
policies prior to the conclusion of the thirteenth
replenishment of the International Development Association on
June 30, 2005. Paragraph (3) calls on the Secretary of the
Treasury or his representative to brief the Committee on
Foreign Relations of the Senate and the Committee on Financial
Services of the House at their request on the steps taken to
implement the measures described in this subsection. Paragraph
(4) calls on the Secretary of the Treasury to publish the
written statements of the United States Executive Directors in
board meetings concerning projects on which claims have been
made to the institution's inspection mechanism or where board
decisions on inspection mechanism cases are being taken no
later than sixty calendar days after such meeting. Paragraph
(4) further calls on the Treasury Department to publish a
record of all votes and abstentions made by the United States
Executive Directors on its website each month.
Sec. 143. Contribution to the Ninth Replenishment of the African
Development Fund
This section amends the African Development Fund Act to
authorize the United States contribution to the ninth
replenishment of the African Development Fund, the concessional
lending arm of the African Development Bank. It authorizes the
appropriation without fiscal year limitation and the
contribution of $354 million for payment by the Secretary of
the Treasury to the African Development Fund to satisfy fully
the three-year United States commitment to the ninth
replenishment.
SUBTITLE E--AUTHORIZATION FOR IRAQ RELIEF AND RECONSTRUCTION
Sec. 151. Authorization of Assistance for Relief and Reconstruction
Efforts
The Committee recognizes that the United States and
Coalition Forces' decisive, quick military success in Iraq,
with minimal loss of life, was only a first step toward victory
in Iraq. The Committee strongly supports the Administration's
efforts to ensure that a new, independent, stable, democratic
and self-sufficient Iraq emerges from this military success.
The Committee expects, however, that this effort will take
years, require more personnel and equipment resources than
anticipated and will be a difficult and expensive process.
This section authorizes the $2,475,000,000 appropriated in
the fiscal year 2003 Emergency Wartime Supplemental
Appropriations Act for humanitarian assistance in and around
Iraq and rehabilitation and reconstruction in Iraq for use
through fiscal year 2004. It also specifies that this
assistance is authorized for the purposes provided for in the
Supplemental Appropriations Act. These funds also are
authorized to be used to reimburse accounts for obligations
incurred for these purposes prior to the enactment of this Act.
Finally, the bill contains a statement that it is United States
policy to work toward the full and active participation of
women in the reconstruction of Iraq by promoting the
involvement of women in all levels of Government and decision
making bodies, the planning and distribution of assistance, and
job promotion and training programs.
Sec. 152. Reporting and Consultation
The Committee has expressed concerns about inadequate
planning and the lack of information provided on the planning
and execution of Iraq stabilization and reconstruction efforts.
The Committee expects greater transparency and more regular
consultations on these issues to ensure the Committee can
perform its oversight function and inform the American people
whose continued support is essential for the success of U.S.
efforts in Iraq.
This section provides that any requirements in the
Supplemental Appropriations Act requiring reporting to or
consultation with the Appropriations Committees with respect to
funds appropriated to carry out this section shall require the
same reporting to and consultation with the Senate Foreign
Relations Committee and the House International Relations
Committee.
Sec. 153. Special Assistance Authority
Recognizing the uncertainty of circumstances in Iraq and
the existing laws that restrict provision of assistance to
Iraq, the Committee has provided flexibility to carry out Iraq
relief and reconstruction efforts. This section authorizes the
President to provide assistance to Iraq notwithstanding any
other provision of law.
Sec. 154. Inapplicability of Certain Restrictions
To ensure flexibility for Iraq relief and reconstruction
efforts, this section authorizes the President to suspend or
otherwise make inapplicable to Iraq certain restrictions on
assistance or exports to Iraq, including restrictions under the
Iraq Sanctions Act, restrictions that apply to countries that
have supported terrorism, and restrictions on the export of
non-lethal military equipment. This section also makes
permanently inapplicable to Iraq provisions of law that require
the United States to withhold its proportionate share of
funding for international organization programs for Iraq and
direct U.S. opposition to loans or assistance to Iraq by
International Financial Institutions.
Sec. 155. Termination of Authorities
The Committee believes that the relief and reconstruction
efforts in Iraq will require a long-term U.S. commitment to
complete. This section provides that certain authorities
contained in sections 153 and 154 will expire two years after
the enactment of this Act. The Supplemental Appropriations Act
provides the President these same authorities, but provides
that they will expire no later than September 30, 2004. The
Committee intends to monitor the relief and reconstruction
efforts and will authorize funds and extend authorities as
appropriate.
TITLE II--AMENDMENTS TO GENERAL FOREIGN ASSISTANCE AUTHORITIES
SUBTITLE A--FOREIGN ASSISTANCE ACT AMENDMENTS AND RELATED PROVISIONS
Sec. 201. 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. 202. 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
nongovernmental organizations using funds provided for
development assistance, assistance for Eastern Europe and the
former Soviet Union, 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 nongovernmental
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
nongovernmental organizations could be provided to levels of
government below the national level.
Sec. 203. 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 to $50 million.
Sec. 204. 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
prior 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. 205. Reconstruction Assistance Under International Disaster
Assistance Authority
This section amends section 491 of the Foreign Assistance
Act to conform the authority of this section to authority
provided in appropriations acts over a number of years to allow
funds under this heading to be used for reconstruction
assistance after natural or man-made disasters.
Sec. 206. 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. 207. 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. 208. Transfer of Certain Obsolete or Surplus Defense Articles in
the War Reserve Stockpiles for Allies to Israel
This section provides the President authority to transfer
certain obsolete or surplus defense items to Israel, in
exchange for concessions of equivalent value to be negotiated
by the Secretary of Defense with the concurrence of the
Secretary of State. This section requires advance Congressional
notification before any transfer is made under this section.
Sec. 209. Additions to United States War Reserve Stockpiles in Israel
for Fiscal Year 2004
This section extends through fiscal year 2004 the
President's authority to transfer excess items to the
Department of Defense War Reserve Stockpile in Israel.
Sec. 210. Restrictions on Economic Support Funds for Lebanon
This section amends section 1224 of the Foreign Relations
Authorization Act, fiscal year 2003, 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.
The Committee specifically notes that, 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.
Sec. 211. 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 program's sunset
provision and overall funding ceiling have been deleted. The
amendments made by this section conform the Administration of
Justice authority to the authority provided for a number of
years in appropriations acts.
Sec. 212. 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 Peacekeeping 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 Committee's 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 as to 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 theatre and puppetry to provide life-saving
education about landmines to children in Afghanistan.
Sec. 213. Special Waiver Authority
This section amends section 614 of the Foreign Assistance
Act by updating authorities and funding limitations.
New subsection (a) provides that the authority of section
614 may be used to waive provisions of law that limit the
President's ability to authorize assistance, sales, or other
action (for example, export licenses) 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). The standards used to allow the provision of both economic
and military assistance are the same as current law. The
provision also increases the annual country limitations.
New subsection (d) 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. 214. Prohibition of Assistance for Countries in Default
This section amends section 620(q) of the Foreign
Assistance Act to make two changes. First, it makes the
restriction applicable only to aid to governments. Second, 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. 215. 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. 216. 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. 217. 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. 218. Commitments for Expenditures of Funds
This section amends section 635(h) of the Foreign
Assistance Act to allow contracts or agreements which entail
the committment 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. 219. Alternative Dispute Resolution
The amendment to section 635(i) of the Foreign Assistance
Act expands 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. 220. Administrative Authorities
This section amends and updates certain administrative
authorities contained in section 636 of the Foreign Assistance
Act.
Section 636(a)(3) is amended to permit the hiring of
personal services contractors for work in the United States.
The authority already exists under the Act for hiring such
contractors abroad.
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 million
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 $2.5 million
limitation on the provision of assistance for schools for
dependents of U.S. Government personnel.
Sec. 221. 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.
Paragraph (2) amends section 660 to provide the Secretary
of State with the authority to waive the limitations of this
section on a case-by-case basis if the Secretary determines
that it is important to the national interest to do so. 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. 222. Special Debt Relief for the Poorest
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 very similar to authority
previously enacted in foreign assistance appropriations acts.
Sec. 223. Congo Basin Forest Partnership
This section contains findings and expresses the Sense of
the Congress in support of the Congo Forest Basin 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.
Funds recommended for use in this section were requested by
the administration as part of a 3-year effort to capitalize on
the strong cooperation and momentum of state governments,
international organizations and non-governmental organizations
in protecting the continent's essential natural resources while
also addressing other challenging development issues in the
region. The Committee expresses support for economic and
conservation opportunities including improvement of forest
management and sustainable forest-based livelihoods development
such as employment through ecotourism, wildlife law
enforcement, reduced impact logging and park management. The
Committee specifically identifies as targets those activities
that are unsustainable and destabilizing to the region, such as
illegal logging and illegal trade in wildlife.
Sec. 224. 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.
The Committee commends the State Department's Political-
Military bureau for its attention to this global problem
through the Bureau's Office of Mine Action Initiatives.
Sec. 225. Middle East Foundation
The Committee strongly supports the Middle East Partnership
Initiative announced by the Secretary of State in December
2002. The Committee seeks to contribute to efforts to bring
democratic and economic reforms to the Middle East region and
has authorized the Secretary of State to designate an
appropriate private, non-profit organization as the Middle East
Foundation and to provide funding to the Foundation through the
Middle East Partnership Initiative. The Committee recommends an
initial funding level of an estimated $15 million for Fiscal
Year 2004.
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
through grants, technical assistance, training and other
measures. The Committee favors the Foundation supporting
democracy-related activities in countries with struggling
movements for reform and democracy, including Iran. The
Secretary may also make a grant to an institution of higher
education in the Middle East to create a Center for Public
Policy to permit scholars and professionals from the Middle
East 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 promote broad
economic, social and political reforms. The Committee considers
such activities are entirely consistent with the ``Arab Human
Development Report for 2002.'' The Committee notes this section
also provides for reporting, financial accountability and
oversight measures of such a Foundation.
The Committee expects to work closely with the Department
of State as such a Foundation establishes operations. The
Committee recognizes the positive role played by the Asia
Foundation and Eurasia Foundation in supporting civil society
development in their respective regions of operations and hopes
that the Middle East Foundation can play a similar role in the
Middle East.
The Committee further 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. This
section also provides for reporting, financial accountability
and oversight measures of such a Foundation.
SUBTITLE B--ARMS EXPORT CONTROL ACT AMENDMENTS AND RELATED PROVISIONS
Sec. 231. 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.
The Committee raised the level of notification thresholds
from $14 million to $50 million for major defense equipment,
from $50 million to $100 million for defense articles and
defense services, and from $200 million to $350 million for
design and construction.
This section also allows for notification of additional
cases (i.e., ones below the new dollar thresholds) ``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 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. 232. 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. 233. Exception to Bilateral Agreement Requirement for Transfers of
Defense Items Within Australia
This section provides an exception to the requirements on
bilateral agreements for country exemptions from International
Traffic in Arms Regulations contained in section 38(j)(2)(A) of
the Arms Export Control Act with respect to transfers within
Australia of certain U.S.-origin defense items.
Sec. 234. 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. 235. Freedom Support Act Permanent Waiver Authority
This section provides a permanent annual waiver for the
requirements of section 502 of the Freedom Support Act (Public
Law 102-511). Section 1306 of the National Defense
Authorization Act for fiscal year 2003 (Public Law 107-314)
provided authorization for an annual waiver only for fiscal
years 2003 through 2005. This permanent authority to invoke an
annual waiver would ensure continuity for program planning
purposes.
Sec. 236. Extension of Pakistan Waivers
This section extends the authority contained in previous
legislation (Public Law 107-57) to make inapplicable through
fiscal year 2004 foreign assistance restrictions relating to
coups and loan defaults with respect to Pakistan.
Sec. 237. 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,
2004, 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 for Fiscal Year 2003,
the progress made toward achieving such objectives, and the
likelihood that such objectives will be achieved by September
30, 2004. This avoids the need for a separate report on those
efforts, which was required in 2003.
Sec. 238. Haiti 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. 239. Sense of Congress Relating to Bilateral Agreement on Exports
of Defense Items to the United Kingdom
This section expresses the sense of the Congress that once
a bilateral agreement with the United Kingdom for an exemption
from the International Traffic in Arms Regulations [ITAR] for
certain United States-origin defense items is finalized, the
United States should approve an appropriately-crafted exception
to the requirements of section 38 (j) of the Arms Export
Control Act.
Sec. 240. Marketing Information for Commercial Communication Satellites
This section provides that under section 38 of the Arms
Export Control Act a license is not required for sharing
marketing data for the purposes of a potential sale of a
commercial communications satellite to a NATO-member country,
Australia, New Zealand and Japan. Under the definition of
marketing data contained in the section, an export license
would still be required for sensitive encryption and source
code data, detailed design data, engineering analysis, or
manufacturing know-how. The section further provides that
nothing in this section exempts commercial communications
satellites from any of the other licensing requirements under
the Arms Export Control Act.
TITLE III--RADIOLOGICAL TERRORISM THREAT REDUCTION ACT
The Committee is concerned that orphaned, unused, surplus,
or other radioactive sources pose a major proliferation risk,
and that the use of such materials by terrorists in a
radiological dispersion attack could lead to catastrophic
economic and social damage. The Committee finds that the
security of these materials should be a priority in United
States nonproliferation efforts, and that international
cooperation will be critical to guarantee the success of these
efforts.
At a hearing held March 6, 2002, the Committee received
testimony regarding the terrorist nuclear threat from: Dr.
Richard A. Meserve, then-Chairman of the Nuclear Regulatory
Commission; Dr. Donald D. Cobb, Associate Laboratory Director
for Threat Reduction at the Los Alamos National Laboratory; Dr.
Harry C. Vantine, Division Leader for Counterterrorism and
Incident Response at the Lawrence Livermore National
Laboratory; Dr. Steven E. Koonin, Provost of the California
Institute of Technology and chairman of the JASON group of
scientific advisers to the Department of Defense; and Dr. Henry
C. Kelly, President of the Federation of American Scientists.
The witnesses warned that there was a real possibility that
terrorists could obtain radioactive material and then disperse
it with the intent to cause harm. Although few people, if any,
would die from a radiological attack, it could force the
evacuation and destruction of large numbers of buildings in
order to comply with federal decontamination regulations.
Radioactive sources must be kept in responsible hands; but
that is difficult because they are widely used in industry.
Radioactive sources are indispensable to modern medicine, where
they are used to treat cancer and to perform diagnostic tests.
Some cancer treatments implant radioactive material within our
bodies; other procedures use intense beams from large, highly
radioactive sources. Both the former Soviet Union and the
United States also developed power sources using intensely
radioactive material for use in remote areas and in spacecraft.
Poorly guarded radioactive materials in the former Soviet
Union represent a large source of potential ingredients for
radiological dispersion devices. The United States works with
the International Atomic Energy Agency (IAEA) to ensure the
physical protection and accountability of significant
radioactive sources world-wide, but additional targeted
programs are needed to secure dangerous radiological sources
both in the states of the former Soviet Union and elsewhere.
This title authorizes the Secretary of State to propose
that the IAEA conclude agreements with up to 8 countries, under
which each country would provide temporary secure storage for
orphaned, unused, surplus, or other radioactive material
sources; to provide assistance for an IAEA program to promote
the discovery, inventory, and recovery of radioactive sources
in member nations of the IAEA; to provide substitute non-
nuclear power sources for radioisotope thermal power units
operated by the Russian Federation and other independent states
in the former Soviet Union; and to assist foreign countries, or
to propose that the IAEA assist foreign countries, in the
development of appropriate national response plans and the
training of first responders for a possible radiological event.
The Committee has made funding available for each of these
initiatives from the funds authorized in this title for fiscal
year 2004 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 Committee is also concerned with the threat posed to
U.S. missions abroad by terrorist radiological attacks. The
Secretary is therefore required 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.
Sec. 304. International Storage Facilities for Radioactive Sources
Section 304 authorizes the Secretary of State to propose
that the International Atomic Energy Agency conclude agreements
with up to 8 countries under which each country would provide
temporary secure storage for orphaned, unused, surplus, or
other radioactive sources (other than special nuclear material,
nuclear fuel, or spent nuclear fuel). The agreements must be
consistent with the IAEA Code of Conduct on the Safety and
Security of Radioactive Sources, and shall address the need for
storage of such radioactive sources in countries or regions of
the world where convenient access to secure storage of such
radioactive sources does not exist.
The Secretary is authorized to make voluntary contributions
to the IAEA for use by the Department of Nuclear Safety of the
IAEA to fund the United States share of the costs of activities
associated with or under the above agreements, and in fiscal
year 2004 that share may be 100 percent of the costs of such
activities in that fiscal year. The Secretary is also
authorized to provide the IAEA and other countries with
technical assistance to carry out activities under the above
agreements in a manner that meets the standards of the IAEA
Code of Conduct on the Safety and Security of Radioactive
Sources. To carry out this section, $4,000,000 is authorized
for fiscal year 2004.
The Committee intends that the Secretary make full use, as
appropriate, of his authorities, in the Economy Act and
especially in section 632(b) of the Foreign Assistance Act of
1961 (22 U.S.C. 2392(b)), to use the services of other
departments and agencies in implementing this section. Such
intent applies equally to sections 305-308 of this title.
Subsection (d) of this section provides that the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall
not apply with respect to any temporary secure storage facility
constructed outside the United States under an agreement under
subsection (a). Rather, the construction and operation of such
a facility shall be governed by any applicable environmental
laws of the country in which the facility is constructed.
Sec. 305. Discovery, Inventory, and Recovery of Radioactive Sources
Section 305 authorizes the Secretary of State to provide
assistance, including through voluntary contributions to the
IAEA, to support a program of the Division of Radiation and
Waste Safety of the Department of Nuclear Safety of the IAEA to
promote the discovery, inventory, and recovery of radioactive
sources in member nations of the IAEA. The Secretary is also
authorized to provide the IAEA and other countries with
technical assistance to carry out the program. To carry out
this section, $4,000,000 is authorized for fiscal year 2004.
Sec. 306. Radioisotope Thermal Generator Power Units in the Independent
States of the Former Soviet Union
Section 306 authorizes the Secretary of State to assist the
Government of the Russian Federation to substitute solar (or
other non-nuclear) power sources for radioisotope thermal power
units operated by the Russian Federation and other independent
states of the former Soviet Union in applications such as
lighthouses in the Arctic, remote weather stations, and for
providing electricity in remote locations. Any power unit
utilized as a substitute power unit under this section shall,
to the maximum extent practicable, be based upon tested
technologies that have operated for at least one full year in
the environment where the substitute power unit will be used.
Subsection (b) of this section requires that the Secretary
of State consult with the Secretary of Energy to ensure that
substitute power sources provided under this section are for
facilities from which the radioisotope thermal generator (RTG)
power units have been or are being removed. The Department of
Energy has primary responsibility for assisting the Government
of the Russian Federation to locate, remove and securely store
the RTG power units, and the Government of Norway has a program
to replace RTG power units in the Kola Peninsula region. Close
consultation with the Department of Energy will help ensure
that the State Department does not provide non-RTG power units
for facilities that are not ready for the replacement units or
that are receiving replacement power units from other sources.
To carry out this section, $5,000,000 is authorized for fiscal
year 2004. Not more than 20 percent of those funds may be used
to replace dangerous radioisotope thermal power facilities in
countries other than the independent states of the former
Soviet Union that are similar to the facilities described
above.
Sec. 307. Foreign First Responders
Section 307 authorizes the Secretary of State to assist
foreign countries, or to propose that the IAEA assist foreign
countries, in the development of appropriate national response
plans and the training of first responders to: detect,
identify, and characterize radioactive material; understand the
hazards posed by radioactive contamination and the risks
encountered at various dose rates; enter contaminated areas
safely and speedily; and evacuate persons within a contaminated
area. Subsection (b) requires the Secretary of State to take
into account the findings of the threat assessment report
required by section 308 and the location of any storage
facilities for radioactive sources under section 304. To carry
out this section, $2,000,000 is authorized for fiscal year
2004.
Sec. 308. Threat Assessment Reports
Section 308 requires the Secretary of State to submit to
the appropriate congressional committees a report detailing the
preparations made at United States diplomatic missions abroad
to detect and mitigate a radiological attack on United States
missions and other United States facilities under the control
of the Secretary. This report is to include a rank-ordered list
of the Secretary's priorities for improving radiological
security and consequence management at United States missions,
a rank-ordered list of the missions where such improvement is
most important, and a proposed budget to carry out those
improvements. Each report shall be submitted in unclassified
form, but may include a classified annex. The first report
required by this section shall be submitted not later than 180
days after the date of the enactment of this Act. Subsequent
reports under this section shall be submitted with the annual
budget justification materials submitted by the Secretary of
State to Congress for each fiscal year commencing with fiscal
year 2006.
TITLE IV--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 Committee believes that 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 recent global outbreak of severe
acute respiratory syndrome, or SARS, is an unfortunate reminder
of this vulnerability.
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.
The Committee has sought to identify and 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. 404. Priority for Certain Countries
Section 404 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. 405. Restriction
Section 405 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. The Committee
does not believe that such a restriction will constrain foreign
nationals from fully participating in various training and
educational programs under this Act.
Sec. 406. Fellowship Program
Section 406 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. The Committee believes that
carefully chosen programs of this sort should be encouraged as
they 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. 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. 407. In-Country Training in Laboratory Techniques and Syndrome
Surveillance
Section 407 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 407(a) complements the assistance
authorized in section 408 for the purchase and maintenance of
public health laboratory equipment. Subsection 407(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. 408. Assistance for the Purchase and Maintenance of Public Health
Laboratory Equipment; and Sec. 409. Assistance for Improved
Communication of Public Health Information
Sections 408 and 409 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.
The Committee believes that equipment purchased with
assistance provided under these sections should be in
compliance with the Export Administration Act of 1979 and that
no funds should 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.
The Committee favors standardizing the reporting of public
health information between and among developing countries and
international health organizations. Standardized reporting
requirements will enable information to be more easily
transmitted and understood. Thus, the President is authorized
under subsection (e) of section 409 to provide assistance for
this purpose.
Sec. 410. Assignment of Public Health Personnel to United States
Missions and International Organizations
Section 410 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. 411. Expansion of Certain United States Government Laboratories
Abroad
Section 411 authorizes the expansion of the overseas
laboratories and other related facilities of the Centers for
Disease Control 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. 412. Assistance for Regional Health networks and Expansion of
Foreign Epidemiology Training Programs
Section 412 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. 413. Authorization of Appropriations
Section 413 authorizes appropriations for carrying out
provisions of this title for Fiscal Year 2004. The Committee
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 million in total. Of this amount,
$25 million is authorized to carry out sections 406, 407, 408
and 409; $500,000 to carry out section 410; $2.5 million to
carry out section 411; and $7 million to carry out section 412.
All of these authorization levels are subject to the
availability of appropriations.
The Committee recognizes that the level of required
assistance 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 Committee hopes that U.S.
allies and partners will contribute a proportionate share in
funding these types of efforts to develop a comprehensive
global surveillance network. The absence of authorized funding
beyond FY 2004 does not indicate the need for a re-
authorization of these programs.
TITLE V--MISCELLANEOUS PROVISIONS
SUBTITLE A--ELIMINATION AND MODIFICATION OF CERTAIN REPORTING
REQUIREMENTS
Sec. 501. 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. 502. Annual Reports on Activities in Colombia
This section permits the Secretary to satisfy the reporting
requirements of section 694 of the fiscal year 2003 Foreign
Relations Authorization Act by consolidating the required
information with the report required by section 489 of the
Foreign Assistance Act.
Sec. 503. 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.
Sec. 504. 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. 511. Certain Claims for Expropriation by the Government of
Nicaragua
This section authorizes the Secretary of State to exclude
from consideration for the purposes of foreign assistance
restrictions related to property expropriation certain U.S.
citizen property claims against the Government of Nicaragua not
filed within 120 days of a deadline to be set by the Secretary
of State.
Sec. 512. 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 Central 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. 513. Support for Sierra Leone
This section contains findings and a sense of Congress that
there have been significant amounts expended in stabilizing
Sierra Leone through the United Nations Mission in Sierra Leone
(UNAMSIL) and Operation Focus Relief, and that this investment
should be secured through appropriate continued support for the
country. It also requires a one-time report of the U.S. Agency
for International Development on the feasibility of opening a
USAID mission in Sierra Leone and recommends that funding may
be made available to support education, poverty-reduction and
anti-corruption efforts in fiscal year 2004.
Sec. 514. 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. The Committee finds it essential
to maintain principles of democratic participation in all
states, regardless of their level of support in the global war
on terrorism.
Sec. 515. Support for Somalia
This section contains a sense of Congress that the United
States has a national interest in supporting stability in
Somalia by working to strengthen state capacity, engaging in
small-scale human development initiatives, and curtailing
opportunities for terrorists and international criminals within
Somalia's borders. It also calls for a one-time report by the
Secretary of State to outline a multi-year strategy to increase
access to education and health care services, to support
effective regulation of Somali remittance companies and to
assist in the rehabilitation of the Somali livestock sector.
The Committee continues to be concerned about existing and
potential terrorist activity and influence in Somalia, and
supports a policy of engagement with relatively stable and
responsible actors including Somaliland, in order to provide
alternative influences and opportunities to the Somali people.
Sec. 516. Support for Central African States
This section contains specific findings drawn from the
State Department's Human Rights Report for 2002, and reaffirms
U.S. policy supporting efforts aimed at accounting for grave
human rights abuses and crimes against humanity, encouraging
reconciliation and preventing such crimes in the future. It
also requires a report from the Secretary of State within 180
days after enactment on the actions taken pursuant to the above
policy. This section also authorizes that up to $12 million may
be made available for fiscal year 2004 to support justice and
reconciliation mechanisms in the Democratic Republic of the
Congo, Rwanda, Burundi, and Uganda.
The Committee is deeply disturbed by ongoing reports of
gross human rights abuses in Ituri province and the eastern
portion of the Democratic Republic of the Congo, and believes
that regional instability will not be resolved until the
climate of impunity for such abuses is changed. The Committee
considers that the mounting frequency of reports of atrocities
perpetrated by local and proxy militias, and the politicization
and arming of the population, warrant responsive actions in
order to avert further atrocities.
Sec. 517. Africa Contingency Operations Training and Assistance Program
This section authorizes the Africa Contingency Operations
Training and Assistance Program (ACOTA), codifies the criteria
for eligible countries, and expresses a sense of the Congress
on local consultations prior to ACOTA implementation and
monitoring of post-training performance and conduct of military
units trained. It provides that the full amount requested for
fiscal year 2004 may be made available for ACOTA training.
The Committee finds that several years of experience with
ACOTA and its predecessor, the Africa Crisis Response
Initiative (ACRI), have confirmed their value.
Sec. 518. Conditions on the Provision of Certain Funds to Indonesia
This section conditions the release of any funds available
for Indonesia in fiscal year 2004 under the Foreign Military
Financing program or the International Military Education and
Training program (with the exception of funds under the
expanded IMET program) on the receipt of a certification
submitted by the President that the Government of Indonesia and
the Indonesian Armed Forces are taking effective measures to
conduct an investigation of the attack on United States
citizens in Indonesia on August 31, 2002 and to criminally
prosecute the individuals responsible for the attack.
Sec. 519. Assistance to Combat HIV/AIDS in Certain Countries of the
Caribbean
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 from the Combat HIV/AIDS Globally Fund.
Sec. 520. 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. 521. Technical Corrections
This section makes technical corrections to several foreign
assistance laws.
V. Regulatory Impact Statement
In accordance with rule XXVI, paragraph 11(b) of the
Standing Rules of the Senate, the Committee has concluded that
section 240 of the bill will slightly lessen the burden for
producers of commercial communications satellites.
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. The
provisions of Rule XXVI paragraph 11(a) were not complied with
because of time constraints. The Chairman will publish the
Congressional Budget Office estimate of the bill in the
Congressional Record when it is provided.
VII. Changes in Existing Law
It is the opinion of the Committee that it is necessary to
dispense with the requirements of Rule 26.12 of the Standing
Rules of the Senate in order to expedite the business of the
Senate.
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