[Senate Report 108-248]
[From the U.S. Government Publishing Office]
Calendar No. 461
108th Congress Report
SENATE
2nd Session 108-248
======================================================================
FOREIGN AFFAIRS AUTHORIZATION ACT, FISCAL YEAR 2005
_______
March 18, 2004.--Ordered to be printed
Filed under the authority of the order of the Senate of March 12, 2004
_______
Mr. Lugar, from the Committee on Foreign Relations,
submitted the following
R E P O R T
[To accompany S. 2144]
The Committee on Foreign Relations, having had under
consideration a bill (S. 2144) to authorize appropriations for
the Department of State and international broadcasting
activities for fiscal year 2005, for the Peace Corps for fiscal
years 2005 through 2007, for foreign assistance programs for
fiscal year 2005, and for other purposes, reports favorably
thereon with amendments and recommends that the bill as amended
do pass.
CONTENTS
Page
I. Purpose..........................................................1
II. Committee Action.................................................2
III. Summary..........................................................3
IV. Division A--Foreign Relations Authorization......................5
(A) Summary of Funds...........................................5
(B) Section-by-Section Analysis................................6
V. Division B--Foreign Assistance Authorizations...................25
(A) Summary of Funds..........................................25
(B) Section-by-Section Analysis...............................26
VI. Cost Estimate...................................................51
VII. Evaluation of Regulatory Impact.................................61
VIII.Changes in Existing Law.........................................61
I. Purpose
The Foreign Affairs Authorization Act, Fiscal Year 2005,
authorizes funding for the Department of State, United States
international broadcasting activities, the U.S. Agency for
International Development, foreign assistance and other foreign
affairs programs for FY 2005. It authorizes funding for the
Peace Corps for Fiscal Years 2005-2007. The bill also addresses
several important regional and functional foreign policy
issues.
II. Committee Action
The committee has held several public hearings this year
focusing on the issues addressed in this legislation. On
February 12, Secretary of State Colin Powell testified
regarding the President's budget request for international
affairs. On February 26, the committee heard both official and
private sector witnesses testify on plans to improve public
diplomacy programs and to strengthen U.S. efforts to develop a
free press and open media worldwide. On March 2, State
Department and USAID officials testified on the
administration's policies and foreign assistance goals in six
different regions of the world. On March 3, the committee heard
three public witnesses on the issue of how to strengthen the
State Department's role in building operational readiness for
crises overseas among the civilian agencies. In other hearings
on such issues as Iraq stabilization and reconstruction, U.S.
policy in the Middle East and prospects for the Road Map,
developments on the Korean Peninsula, relations between India
and Pakistan, and the difficult task of helping to build a
prosperous and stable Afghanistan, the committee has explored
the policy choices, the challenges, and the purposes that
underlie the funding and the authorities contained in this
legislation.
The committee considered S. 2144 on March 4, 2004. During
the mark-up of this legislation, the committee adopted by voice
vote a managers' package consisting of 25 amendments. A number
of other amendments were also adopted by voice vote:
An amendment offered by Senator Sununu expressing
the sense of the Senate that the prospective
requirement for certain visitors to the United States
to have passports with biometric information should not
disrupt the entry of legitimate visitors.
An amendment offered by Senator Boxer expressing the
Sense of Congress that the UN Security Council should
pass a resolution banning the sale of man-portable air
defense systems to non-state entities and authorizing
$10 million in assistance to reduce the threat of such
weapons.
An amendment by Senator Boxer expressing the sense
of Congress that the rights of women in Iraq should be
protected following the restoration of sovereignty to
that country.
An amendment by Senator Boxer expressing the sense
of Congress regarding the need for adequate security in
Afghanistan and that the UN Assistance Mission there
should continue to increase its efforts to register
Afghan women to vote in order to ensure their full
participation in elections.
An amendment by Senator Nelson requiring a report
describing the Department's plan for stabilization and
reconstruction in Haiti.
An amendment by Senator Nelson stating that $150
million from authorized funds should be made available
to provide assistance to Haiti.
The committee ordered the bill reported, as amended, by a
vote of 19 to 0. Ayes: Lugar, Hagel, Chafee, Allen, Brownback,
Enzi, Voinivich, Alexander, Coleman, Sununu, Biden, Sarbanes,
Dodd, Kerry, Feingold, Boxer, Nelson, Rockefeller, and Corzine.
III. Summary
The committee believes that the authorizations of
appropriations contained in this legislation must be seen in a
national security context. This funding is the civilian
complement to the defense budget, providing the resources,
personnel and programs necessary to address one of the most
serious challenges facing the United States since the Cold War.
It is clear to any observer that the war against global
terrorism will not be won on a military battlefield. If the
American people and government policymakers are steadfast,
articulate and convincing, it will be won in towns and cities
around the world, in foreign ministries and justice
departments, and in police stations, town halls, schools and
places of worship on every continent. Through our diplomacy, we
can recruit friends and allies to the task of rooting out
terrorists where they are hiding on foreign soil. Through our
public diplomacy, we can pursue a dialogue with the Islamic
world designed to bring to the fore moderate spokespersons who
can lead in finding new paths to mutual understanding. And with
our foreign assistance, we can work to help build strong and
stable societies than can nurture and fulfill the aspirations
of their citizens and deny terrorists the uncontrolled
territory and abject poverty in which they thrive.
Authorizations of appropriations in this bill cover the
operating expenses and programs of the Department of State, the
U.S. Agency for International Development, and the Broadcasting
Board of Governors for Fiscal Year 2005 and for the Peace Corps
for 2005-2007. Among other programs, it includes funding to
address the HIV/AIDS epidemic, build safer embassies for
citizens serving in a more dangerous world, and carry out
education and cultural exchange programs that enrich America's
dialogue with other nations.
The committee has worked to report out authorization bills
this year that, taken as a whole, do not exceed the President's
budget. Changes within that ceiling, however, have been made to
reflect committee concerns and priorities. For example, this
legislation doubles funding from last year's level of $1
billion for the Millennium Challenge Corporation (MCC) to a new
level for Fiscal Year 2005 of $2 billion. The committee also
increased authorization for the Peace Corps by $43 million
above the previous year's appropriated levels. Neither of these
programs, however, received the full amount requested by the
administration. This committee action should not be
misinterpreted: the committee supports both programs. In the
case of the MCC, however, there was concern that such a new and
important program would be more effective in its critical
launching phase if it is not under immediate pressure to
quickly allocate such a large sum of money. The Peace Corps, on
the other hand, is well-established. It is a highly respected
program that the committee fully supports. Again, however,
questions were raised about implementing such a large increase
in funding in one year. The funding level in the bill does
represent a 14 percent increase for the Peace Corps, double the
size of the average percentage increase for other programs.
All other items are funded at or above the administration's
request. Notably, the bill provides the following increases:
$200 million for child survival, which includes $179
million for HIV-AIDS programs;
$8 million for danger pay for State Department
employees;
$30 million for embassy security and construction;
$30 million for educational and cultural exchanges
in the Islamic world;
$15 million for international broadcasting;
$2 million for the North-South Center;
$1 million for the State Department Inspector
General;
$70 million for the Non-Proliferation, Anti-
terrorism, Demin-
ing; and Related Programs (NADR);
$25 million for Freedom Support Act (FSA) programs;
$5 million for Support for Eastern European
Democracies (SEED) programs
$35 million for migration and refugee assistance;
$17 million for development assistance; and
$1 million for the USAID Inspector General.
IV. DIVISION A--FOREIGN RELATIONS AUTHORIZATION
(A) Summary of Funds
------------------------------------------------------------------------
FY 2005
FY 2004 FY 2005 SFRC
Appropriations Request Bill as
Estimate \1\ Reported
------------------------------------------------------------------------
Diplomatic and Consular Programs $4,219,788 $4,285,04 $4,293,0
4 04
[Includes: Worldwide Security 639,896 658,701 658,701
Upgrades]
Capital Investment Fund 79,158 155,100 155,100
Embassy Security Construction & 1,420,659 1,539,000 1,569,00
Maintenance 0
Other State Department Accounts
Representation Allowance $8,905 $8,640 $8,640
Protection of Foreign Missions and 9,895 9,600 9,600
Officials
Emergencies in Diplomatic and 116,489 7,000 7,000
Consular Service
Repatriation Loans 1,206 1,219 1,219
Payment to the American Institute 18,584 19,482 19,482
in Taiwan
Office of the Inspector General 31,369 30,435 31,435
Education, Cultural, and Public Diplomacy Programs
Total $316,633 $345,346 $375,346
[Incl. Fulbright Exchanges] 152,767 150,000 150,000
Related Appropriations
National Endowment for Democracy $39,579 $80,000 $80,000
East-West Center 17,692 13,709 13,709
The Asia Foundation 12,863 8,880 8,880
North-South Center 0 0 2,000
International Organizations
Contributions for International $999,830 $1,194,21 $1,194,2
Organizations 0 10
Contributions for International 695,056 650,000 650,000
Peacekeeping
International Commissions
International Boundary & Water $25,726 $30,300 $30,300
Commissions--S&E
International Boundary & Water 3,514 8,545 8,545
Commissions--Construction
International Boundary Commission 1,248 1,210 1,210
International Joint Commission 5,491 7,498 7,498
International Fisheries 19,097 20,800 20,800
Commissions
Border Environment Cooperation 2,111 2,048 2,048
Commission
Migration and Refugee Assistance
Total $755,712 $729,789 \2\ $764
,789
International Broadcasting Activities
Total International Broadcasting $591,567 $569,300 $584,300
------------------------------------------------------------------------
\1\ Figures reflect increases provided to certain accounts in war-time
supplemental (P.L. 108-106).
\2\ includes additional $35M added in committee
(B) Section-By-Section Analysis
Sec. 101. Administration of Foreign Affairs
This section authorizes appropriations under the heading
``Administration of Foreign Affairs'' for FY 2005.
The committee has authorized the full amount of the
President's request in FY 2005 for Worldwide Security Upgrades,
the Capital Investment Fund, Representation Allowances,
Protection of Foreign Missions and Officials, Emergencies in
the Diplomatic and Consular Service, Repatriation Loans,
Payments to the American Institute in Taiwan and the Office of
the Inspector General. The committee has authorized levels
above the administration's request in key areas where needs are
most pressing.
Specifically, the committee increased the Diplomatic and
Consular Programs by $7.96 million to allow the current cap on
danger and hardship pay to be raised by 10 percent. The
increase is intended to encourage service in especially
difficult posts where the fight against terrorism must be
pursued despite hardships.
The committee also added $30 million to the embassy
security and construction account. The additional funding is
intended to speed up the projected construction calendar for
safe embassies, shortening as much as possible the period in
which U.S. Government employees will be working in buildings
that are widely recognized as vulnerable to attack. If we are
to send our best people into the diplomatic front lines of the
long-term war against terrorism, the committee believes it
imperative to provide the best protection possible in these
threatening environments.
The committee continues to support the administration's
decision to institute an inter-agency cost-sharing program
whereby each government agency contributes to the construction
costs of new embassy compounds according to a formula based on
expected future use. Such a plan will greatly reduce the time
that it will take to provide safer facilities for U.S.
Government employees from all Departments and agencies that
post personnel overseas.
Sec. 102(a)(1). U.S. educational, cultural, and public diplomacy
programs
The committee strongly supports an effective campaign to
counter credible reports and observed evidence of anti-
Americanism, especially in the Islamic world. The committee
supports the Department's efforts to strengthen its outreach to
the Muslim world in the Middle East and in other regions where
there are significant Muslim populations. The committee is
authorizing appropriations of $30 million above the
administration's request to add momentum to programs already
underway, to boost Muslim participation in existing programs,
and to authorize a new program that is designed to attract and
engage young people from Islamic communities.
Sec. 102 (a)(2-4) and (b)
Under these subsections, the committee is authorizing
appropriations for the National Endowment for Democracy at $80
million, the funding level requested by the administration. The
Asia Foundation and the Center for Cultural and Technical
Interchange between East and West are also each authorized at
the level the administration requested. The North-South Center
is funded at $2 million.
Sec. 103. International organizations and conferences
This section authorizes appropriations in FY 2005 for
contributions to international organizations (CIO) and for
contributions to international peacekeeping (CIPA).
The committee is authorizing the full amount requested for
both the CIO and CIPA accounts. The funding represents U.S.
treaty obligations to pay assessed contributions to the UN
regular budget, the budgets of the specialized agencies in
which the U.S. is a member, and the U.S. share of peacekeeping
assessments. The legislation also authorizes $6 million to be
used to secure a Treasury loan for the United Nations to
renovate UN headquarters and undertake much needed health,
safety, and security upgrades. The committee is requesting a
report from the Secretary of State on progress being made to
implement recommendations contained in the August 2000
``Brahimi Report'' on UN Peacekeeping Operations. The request
specifically cites the committee's interest in learning how the
U.S. Government is contributing to the development of a more
robust UN capacity to organize international police units for
use on an emergency basis.
The committee continues its ongoing interest in bringing
the payment of U.S. dues to the UN back into synchronization
with the UN budget. Currently, U.S. annual dues are paid late
in the calendar year, at the start of the U.S. fiscal year. The
UN budget year begins in January. The payment of U.S. dues in
the tenth month strains the UN's financial stability. Now that
the United States has paid its arrears as authorized by
Congress, it is time to also correct the timing of annual
payments. The administration is urged to request funding next
year that would result in the U.S. paying its dues in the month
when they actually fall due.
Sec. 104. International Commissions
This section authorizes appropriations for FY 2005 under
the heading ``International Commissions.'' It authorizes funds
necessary to enable the United States to meet its obligations
as a participant in international commissions, including those
dealing with American boundaries and related matters with
Canada and Mexico, and international fisheries commissions.
Sec. 105. Migration and Refugee Assistance
This section authorizes appropriations for fiscal year 2005
to enable the Secretary of State to provide assistance and make
contributions for migrants and refugees, including
contributions to international organizations such as the United
Nations High Commissioner for Refugees and the International
Committee for the Red Cross, through private volunteer
agencies, government, and bilateral assistance, as authorized
by law. The committee authorized $35 million above the
administration's request for this account specifically to
respond to the challenges faced by women and children who are
affected by humanitarian emergencies. The committee is
concerned about ongoing security problems in refugee camps and
supports the administration's stated goal of preventing and
responding to gender-based violence. The committee urges the
Department of State to expand its work to enhance the
protection of vulnerable refugee and displaced populations. The
committee expects these additional funds to be used to help
protect women and children in refugee and internally displaced
camps, particularly from sexual exploitation and gender-based
violence. Of the amounts authorized, $50 million is earmarked
for resettlement of refugees in Israel.
SUBTITLE B--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
Sec. 111. International Broadcasting Operations
This section authorizes appropriations for international
broadcasting activities in FY 2005. The committee authorized
funding above the administration's request to allow the
Broadcasting Board of Governors to maintain its full staff,
operations and capital improvements. The committee has been
disappointed by the decision, required by fiscal constraints,
to reduce or eliminate programming in several Central and East
European countries. It has been the committee's view that it is
premature to terminate programming to nations that have
supported the war on terrorism and are still strengthening
their Western links and shaping their attitudes toward change
in their own societies.
The committee is providing authorization for the Middle
East Broadcasting Network, whose funding was appropriated in a
supplemental last year and further funded in the omnibus
appropriations bill earlier this year. The committee looks
forward to the new Arabic-language network providing
professional quality broadcasting through a combination of
news, editorial comment, talk shows, and documentaries to a
region that is vitally important to the United States. The
committee will be monitoring the network closely, with an
interest in the diversity of program content and the size of
the audience attracted.
TITLE I--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
SUBTITLE A--BASIC AUTHORITIES AND ACTIVITIES
Sec. 201. Interference with protective functions
This section provides a new provision that makes it a crime
to knowingly and willfully obstruct, resist, or interfere with
Diplomatic Security agents involved in their protective duties.
The provision is based on a similar provision in the Federal
criminal code with regard to interference with the protective
duties conducted by the Secret Service. (18 U.S.C. 3056(d)).
Sec. 202. Authority to issue administrative subpoenas
This section provides a narrow administrative subpoena
authority for Diplomatic Security agents. Such a subpoena may
be issued in cases of an ``imminent threat'' to persons,
missions or organizations protected by Diplomatic Security
under the authority of Section 37(a)(3) of the State Department
Basic Authorities Act. The authority is similar to one provided
to the Secret Service (see 18 U.S.C. 3486), and the procedural
protections of that provision will apply here. The committee
has provided that the power to issue such subpoenas could be
delegated by the Secretary only to the Deputy Secretary,
thereby assuring close attention to this authority at the
highest level of the Department. In addition, to facilitate
oversight of the exercise of this authority, the Secretary must
report annually to the committee on its use.
Sec. 203. Enhanced Department of State authority for uniformed security
officers
This section provides law enforcement authority to
uniformed security guards at State Department facilities in the
Washington, DC area and several States, and authority to
designate firearms training officers as law enforcement
officers for the purposes of safeguarding weapons in transit.
Under current law, the uniformed contract guards who provide
security at Department facilities are governed by a patchwork
quilt of authorities. Such guards have some law enforcement
authority under delegations by the General Services
Administration (at those facilities which are GSA-operated),
and under an arrangement with the Marshals Service which allows
certain guards to be deputized.
The committee finds it unacceptable that there is not clear
authority provided to guards charged with protecting Department
facilities and employees. The committee notes that numerous
other Federal departments have similar statutory authority,
including the Departments of Defense, Energy, Transportation,
and Veterans Affairs, as well as the National Aeronautics and
Space Administration and the Federal Reserve.
Sec. 204. Prohibition on transfer of certain visa processing fees
This section provides that processing fees collected by the
Department of State shall not be transferred to any other
department or agency, except pursuant to the Economy Act.
Sec. 205. Reimbursement from United States Olympic Committee
This section requires the Secretary of State to seek, to
the extent practicable, reimbursement from the United States
Olympic Committee for security provided to the U.S. Olympic
Team by Diplomatic Security agents at the Summer Olympics,
scheduled to be held in Athens, Greece in 2004.
Sec. 206. International Litigation Fund
This section allows the Department to retain awards of
costs and attorneys' fees when defending against international
claims in addition to amounts currently allowed to be retained
when it successfully prosecutes a claim.
Sec. 207. Victims of crime in foreign countries
This section directs the Secretary of State to establish a
Victims of Crime office in the Consular Bureau. The office is
to provide services to American victims of violent crimes
overseas, to maintain a data base to track the incidents of
violent crimes against Americans that are reported to overseas
missions, and to administer financial assistance to victims who
need it. The committee has given the Secretary the authority to
use money from the ``K'' fund, which is for unforeseen
emergencies arising in the diplomatic and consular service, to
provide emergency financial assistance when no other assistance
is available. As this is a new program, the committee has
required a report from the Secretary outlining the operation of
the office and recommending how it can be improved. The
Secretary is encouraged to recommend an alternative funding
mechanism to assist crime victims if such is deemed necessary.
The committee acknowledges the State Department's recent
efforts to address the increasing problem of American victims
of violent crimes abroad along the lines the committee
suggested last year. The committee intends that further action
be taken to meet the needs of the many Americans who work,
live, study or are traveling abroad who become crime victims.
The committee is also aware that there are inequities in the
eligibility of Americans for victims' compensation from their
home States. Only 22 States currently compensate victims for
expenses such as lost wages and medical care if they are
victims of crime outside the United States. The committee
encourages the Secretary to consider proposals in consultation
with the Attorney General to remedy this gap.
SUBTITLE B--EDUCATIONAL, CULTURAL, AND PUBLIC DIPLOMACY AUTHORITIES
Sec. 211. Authority to Promote Biotechnology
This section authorizes the Secretary of State to support
public diplomacy efforts promoting biotechnology through
grants, cooperative arrangements, or contracts. This authority
is intended to provide a tool to help ensure that views and
decisions of foreign governments concerning biotechnology and
its applications in the areas of food and agriculture reflect
scientific findings about such technology.
Sec. 212. The United States Diplomacy Center
This section authorizes the Secretary of State to establish
a United States Diplomacy Center housing a museum, conference
center and auditorium to be located in the Department of
State's headquarters at the Harry S Truman Building. As
envisioned, the Center is intended to organize and sponsor
educational and outreach programs explaining the role of U.S.
diplomats and American foreign policy in safeguarding U.S.
security, promoting peace, increasing prosperity, promoting
U.S. values, and protecting U.S. citizens abroad. The committee
notes that this would not be the first such center created by
or located in a U.S. Government facility. It urges the
Department to plan carefully and take every step necessary to
ensure that public access to the Center does not compromise
security of the headquarters building. The committee
understands that a feasibility study has been conducted to
determine if the necessary operating funds can be raised
through voluntary donations. The committee intends to review
the results of the study and expects that, should it become
apparent that voluntary funding will not be sufficient, the
Department will re-evaluate its plans to establish the Center.
Sec. 213. Latin America Civilian Government Security Program
This section authorizes the Secretary of State to establish
an educational program for foreign students and professionals
that is designed to promote civilian control of government
ministries in Latin America.
Sec. 214. Extension of the advisory committee on cultural diplomacy
This section extends the authorization of the Advisory
Committee on Cultural Diplomacy, which was established by
Section 224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (P.L. 107-228). That provision authorized the
Committee to operate until September 30, 2005, or for
approximately three years. Although nearly 18 months have
passed since enactment of the provision, the Secretary of State
has yet to make the required appointments to the Committee.
Hence, it has yet to begin operation. In light of that delay,
this provision extends the authorization of the Committee for
an additional two years, until September 30, 2007.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Sec. 301. Fellowship of Hope Program
This section clarifies the authority of an existing
exchange program with the foreign ministries of EU countries
and with the EU Commission in Brussels and expands it to NATO
countries and NATO headquarters. Under the expanded program,
mid-level diplomats will spend a year working in the foreign
ministries of participating countries or in the European
Commission or NATO headquarters. The committee believes this is
a worthwhile program to maintain and strengthen United States-
European relations.
Sec. 302. Cost-of-living allowances
This section modifies current law to authorize payments to
cover certain education costs and educated-related travel costs
for children of Foreign Service personnel stationed at posts
where schools are inadequate, and for college and post-graduate
students who are still dependents.
Sec. 303. Additional authority for waiver of annuity limitations on
reemployed Foreign Service annuitants
This section permits the Secretary to waive limitations on
dual compensation that apply to re-employed Foreign Service
annuitants when they are re-employed in emergency circumstances
or on a temporary basis in positions for which it is
exceptionally difficult to recruit or retain qualified
employees. Under current law, Foreign Service annuitants hired
on a full-time basis have their annuities terminated; those
employed on a part-time or intermittent basis may only work for
a limited period of time each year because of the dual
compensation limits. These limitations hamper the Department's
ability to develop surge capacity in an emergency or hire
experienced individuals with unique skills to meet important
mission needs. This waiver authority already exists for the
Civil Service (5 U.S.C. 8468(f)(A)). The committee expects the
Department to ensure that such waivers are granted only in a
limited number of exceptional cases and that such waivers are
authorized only by the Under Secretary for Management.
Sec. 304. Home Leave
This section allows additional flexibility in the
application of the home leave program provided under the
Foreign Service Act of 1980. First, it allows Foreign Service
personnel to schedule their home leave, if desired, after 12
months of service at a post, rather than after 18 months as
required under current law. Second, the provision delinks rest
and recuperation travel from the timing of home leave so that
members of the Service are allowed more flexibility in taking
each.
Sec. 305. Increased limits applicable to post differentials and danger
pay allowances
This section increases the cap for hardship and danger pay
for Foreign Service personnel from 25% of salary to 35%. Based
on estimates presented to the committee, the Department could
apply the new cap to personnel serving at some 31 posts
worldwide at an estimated cost of $8 million. The committee
believes that such increases are justified as an incentive to
officers to serve at exceptionally dangerous and difficult
posts.
Sec. 306. Suspension of Foreign Service members without pay
This section allows the Department to suspend without pay a
member of the Foreign Service in cases where there is
reasonable cause to believe that the employee has committed a
crime for which he/she may be imprisoned and there is a
connection to the efficiency of the Service. This provision is
drawn from a similar provision in the civil service laws (see 5
U.S.C. Sec. Sec. 7512, 7513), and is similar to a provision
which once existed in Section 610(a)(3) of the Foreign Service
Act of 1980, but was replaced by a provision requiring
conviction of a crime before suspension without pay could be
imposed. See Section 143 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (P.L. 102-138).
Although the provision is not identical to the analogous
provision in the civil service laws, it is intended to operate
in the same manner as the law has developed (in cases of
suspension involving a reasonable cause to believe that a crime
has been committed) in the Merit Systems Protection Board and
Federal courts of appeals. In those cases, the agency must show
that it has a reasonable belief that the individual has
committed a crime for which a term of imprisonment may be
imposed and that it would ``promote the efficiency of the
service.'' To show that a suspension promotes the efficiency of
the service, the ``agency must establish a nexus between . . .
[the] acts of misconduct and the employee's job
responsibilities.'' Pararas-Carayannis v. Dep't of Commerce, 9
F.3d 955, 957 (Fed. Cir. 1993). The committee intends that the
same nexus between the misconduct and the employee's duties be
demonstrated in suspensions under this section.
Accordingly, the committee expects that suspensions will be
imposed only in cases of serious crimes that bear a
``sufficient relationship'' to the employee's duties.
Dunnington v. Dep't of Justice, 956 F.2d 1151, 1156 (Fed. Cir.
1992). In some cases, as the courts have held, ``egregious
criminal conduct'' will justify a presumption that the nexus
requirement has been satisfied, even if it occurred off-duty.
Sanders v. U.S. Postal Service, 801 F.2d 1328, 1332 (Fed. Cir.
1986). A suspension may be indefinite, but it is not unlimited.
Once the criminal case is concluded, the agency must make a
decision on the employee's status within a reasonable period of
time. Richardson v. Customs Service, 47 F.3d 415, 419 (Fed.
Cir. 1995). If there is an acquittal and the employee is
reinstated, the employee may receive back pay, either under the
Back Pay Act, Richardson, 47 F.3d at 421, or under Section 307
of this Act (which adds a new Section 2(o) of the State
Department Basic Authorities Act of 1956).
Sec. 307. Claims for lost pay
This section clarifies the Department's authority to enter
into settlements of claims of back pay or other grievances
brought by personnel in cases where it is appropriate.
Sec. 308. Repeal of requirement for recertification process for members
of the Senior Foreign Service
This section repeals the requirement in Section 305(d) of
the Foreign Service Act that requires members of the Senior
Foreign Service to be subjected to a recertification process
that is equivalent to the recertification process for members
of the Senior Executive Service. Such a process is no longer
required for the Senior Executive Service, as it was repealed
by Section 1321 of the Homeland Security Act of 2002.
Sec. 309. Deadline for issuance of regulations regarding retirement
credit for government service performed abroad
This section establishes a deadline of 60 days for the
issuance of regulations to implement Section 321 of the Foreign
Relations Authorization Act, Fiscal Year 2003 (P.L. 107-228),
which provides for retirement credit for part-time,
intermittent, or temporary (PIT) employees who worked for the
Department overseas as part of the spousal employment program
in the 1990s.
Sec. 310. Separation of lowest ranked Foreign Service members
This section modifies existing personnel review procedures
which require Foreign Service promotion panels to ``low rank''
five percent of every Foreign Service class. Under a law
enacted in 1998, if a member is low ranked twice in five years,
the Secretary must recommend separation (those so ranked are
referred to a separate panel for consideration of whether they
should be retained in the Service). The provision in this bill
reduces the low ranking requirement from 5 percent to 2
percent. The committee is persuaded, based on the experience of
the last several years, that 2 percent is a more appropriate
standard.
Sec. 311. Disclosure requirements applicable to proposed recipients of
the personal rank of ambassador or minister
This section modifies existing law related to conferral of
the personal rank of Ambassador. Under Section 302 of the
Foreign Service Act, the President may confer such rank,
without the advice and consent of the Senate, for special
missions not exceeding six months in duration. When the
President makes such a designation, he is required to submit
certain information about the individual and the special
mission to the Committee on Foreign Relations. This provision
makes clear that the President shall submit to the committee a
financial disclosure statement completed by the individual.
Sec. 312. Provision of living quarters and allowances to the United
States Representatives to the United Nations
This provision increases from 30 to 40 the number of U.S.
Government officials who may be provided housing by the
Secretary of State while serving at the U.S. Mission to the
United Nations in New York City. It also makes the allowance
for housing not taxable, consistent with overseas housing
benefits. These changes reflect the committee's desire to ease
difficulties in recruiting the best staff available to work in
New York to promote effective diplomacy at the United Nations.
Sec. 313. Pay for performance for the Senior Foreign Service
This section amends the law related to the Senior Foreign
Service (SFS) pay system in order to enable the State
Department to conform the SFS pay system to that of the Senior
Executive Service (SES) pay system. This provision is necessary
due to a new pay-for-performance system for the SES that was
established by the National Defense Authorization Act of FY
2004 (P.L. 108-136). Although the law did not explicitly cover
the SFS, the SFS was affected by the new law in that it
eliminated locality pay for the SFS and eliminated the SES pay
grades to which SFS pay levels are, by law, linked. This
section puts forth a system compatible with the SES system, but
consistent with the authorities unique to the Foreign Service.
This section also provides chiefs of mission with the same
aggregate pay cap and rollover provisions as members of the SES
and SFS.
Sec. 314. Clarification of Foreign Service Grievance Board procedures
This section allows the Foreign Service Grievance Board to
retain an employee on the payroll while a grievance is being
reviewed until a final decision is rendered on the merits of
the case before the Board. This section corrects an unintended
error in the conforming amendment made in Section 314 of the
Foreign Relations Authorization Act of FY 2003 (P.L. 107-228)
regarding separation for cause.
Sec. 315. Refugee response teams
This section authorizes the Secretary of State to use the
expertise of private voluntary organizations to help identify
refugees for resettlement in emergency situations.
TITLE IV--INTERNATIONAL ORGANIZATIONS
Sec. 401. Limitation on the United States share of assessments for
United Nations peacekeeping operations after calendar year 2004
This section amends a limitation (of 25 percent) on U.S.
payments to the United Nations peacekeeping budget, initially
enacted in Section 404 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (P.L. 103-236). The United
Nations Reform Act of 1999 (the so-called Helms-Biden law) made
the reduction of U.S. dues for peacekeeping one of several
conditions to be met before the United States would pay its
arrears to the UN. Negotiations in December 2000 by then-U.N.
Ambassador Richard Holbrooke succeeded in reducing the U.S.
peacekeeping assessment to just over 27 percent. Section 402 of
the Foreign Relations Authorization Act, Fiscal Year 2003 (P.L.
107-228) amended the 1994 law, consistent with the new rate
negotiated by Ambassador Holbrooke; but that provision was
applicable only for calendar years 2001-2004. The provision in
this bill makes the new rate applicable for every year after
calendar year 2004.
Sec. 402. Report to Congress on implementation of the Brahimi Report
This section requires the Secretary of State to submit a
report to the appropriate congressional committees that
assesses United Nations implementation of the recommendations
of the 2000 Report of the Panel on United Nations Peace
Operations (known as the ``Brahimi Report'') and U.S. support
of UN progress in this area. The committee recognizes the
importance of the United Nations peacekeeping operations,
including its capability to deploy civil police forces, in
promoting stability in post-conflict situations. The Brahimi
Report made several useful recommendations for strengthening UN
peacekeeping operations and the committee believes that this
report will contribute to its oversight of U.S. efforts and
future plans to support the implementation of those
recommendations.
Sec. 403. Membership on United Nations Councils and Commissions
This section amends Section 408 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (P.L. 107-228) to require
the United States to use its voice and vote in the United
Nations General Assembly and the United Nations Economic and
Social Council to make every reasonable effort to prevent state
sponsors of terrorism and countries subject to United Nations
sanctions from gaining membership positions on the U.N.
Security Council or the U.N. Human Rights Commission. The
section further requires the United States to advocate against
the selection of any member nation that the Secretary
determines is a sponsor of terrorism or is the subject of U.N.
sanctions to a leadership position in the United Nations
General Assembly, the United Nations Commission on Human
Rights, the United Nations Security Council, or any other
entity of the United Nations.
TITLE V--DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS
Sec. 501. Designation of Foreign Terrorist Organizations
Section 501(a) changes current law, set forth in Section
219 of the Immigration and Nationality Act, with respect to the
designation of Foreign Terrorist Organizations (FTOs). It
eliminates the requirement under current law that such
designations lapse after two years unless renewed by the
Secretary of State. It replaces this requirement with
procedures allowing entities designated as FTOs to petition the
Secretary every two years to have their designations revoked.
The decision of the Secretary on such petitions would be
subject to judicial review, as they are under current law. In
the event that in any four-year period an entity designated as
an FTO does not petition to have its designation revoked, this
section would require the Secretary to review the entity's
designation on his own initiative, and to determine whether the
designation should be revoked. The Secretary's determination in
such a mandatory review would not be subject to judicial
review.
Section 501(b) allows the Secretary of State to amend an
entity's designation as an FTO to take account of aliases or
different names used by the entity after it is designated
without the need to create a separate administrative record for
such amendments. Instead, the Secretary is required to correct
the administrative record to include any amendments (and
supporting information) justifying the designation of the
entity under its new name.
Section 501(c) makes technical and conforming amendments to
Section 219 of the Immigration and Nationality Act in order to
accommodate changes made in sections 501(a) and 501(b).
Section 501(d) is a savings provision, which is designed
to ensure that the changes made in sections 501(a), 501(b), and
501(c) do not affect the validity of redesignations of FTOs
made prior to the entry into force of this act.
TITLE VI--STRENGTHENING UNITED STATES OUTREACH
SUBTITLE A--PUBLIC DIPLOMACY
Sec. 601. Plans, reports, and budget documents
This section is designed to ensure that the administration
(and the Department of State in particular) devotes proper
attention to public diplomacy in its planning and budget
processes.
Subsection (a) requires the President to prepare an
international information strategy that consists of plans
designed for the major geographic regions of the world,
including a focus on regions with significant Muslim
populations.
Subsection (b) requires that the National Security Strategy
(mandated by Section 108 of the National Security Act of 1947)
contain a comprehensive discussion of how public diplomacy
activities are integrated into the strategy.
Subsection (c) requires the Department of State to fully
integrate public diplomacy activities into the planning
processes of the Department. So as to not burden the Department
with new reporting requirements, this subsection mandates
discussion of public diplomacy activities as part of several
reports already required by law or by Department policy.
Sec. 602. Recruitment and Training
This section seeks to ensure that training in public
diplomacy activities is an important priority for the Foreign
Service.
Subsection (a) requires that the Secretary of State ensure
that public diplomacy is an important component of training at
all levels of the Foreign Service.
Subsection (b) amends an existing provision of the Foreign
Service Act which relates to Junior Officer training to require
that public diplomacy be part of such training.
Sec. 603. Report on Foreign Language Briefings
This section requires the Secretary of State to report on
the feasibility of conducting regular, televised briefings
about U.S. foreign policy in major foreign languages. The
committee recognizes that press briefings are conducted on an
almost-daily basis at the Department, and on a regular basis
for foreign journalists at the Foreign Press Centers. The
committee believes that engaging in a dialogue with foreign
audiences requires that we speak to them in their own language.
Accordingly, the committee believes it would be useful to
consider the possibility of conducting more frequent briefings
in the major foreign languages.
SUBTITLE B--STRENGTHENING UNITED STATES EDUCATIONAL AND CULTURAL
EXCHANGE PROGRAMS IN THE ISLAMIC WORLD
Sec. 611. Definitions
This section contains definitions which apply throughout
subtitle B. The subtitle is focused on expanding exchange
programs with the Muslim world. Accordingly, the main
definition is that of ``eligible country,'' which applies to
countries or entities in Africa, the Middle East, South Asia,
or Southeast Asia that have a significant Muslim population and
are designated as eligible by the Secretary.
Sec. 612. Expansion of Educational and Cultural Exchanges
This section authorizes the expansion, in eligible
countries, of several current international exchange programs,
including the Fulbright exchange program, the Hubert Humphrey
Fellowship program, and the International Visitors Program. It
also authorizes the development or creation of other programs,
such as a library exchange program and a program to bridge the
digital divide. To the extent the Department has existing
authority to undertake such activities, it need not create a
duplicative program structure to carry out these provisions.
Finally, the section authorizes a program of scholarships
for students from eligible countries at colleges or
universities that are located in eligible countries, organized
under U.S. law, accredited, and not under the control of the
host government.
Sec. 613. Secondary Exchange Program
This section authorizes the Secretary of State to establish
a new international student exchange program, modeled on the
Future Leaders Exchange Program, for high school students from
countries with significant Muslim populations. The committee is
persuaded that such investments in youth education will benefit
both the students and their host families and will promote
mutual understanding of culture and values.
Sec. 614. Authorization of Appropriations
In this section, the committee indicates that the
$30,000,000 it is authorizing above the administration's
request for education and cultural exchange programs should be
expended on programs outlined in this section and should be in
addition to funding already planned for Islamic outreach in
current programs.
SUBTITLE C--FELLOWSHIP PROGRAM
Sec. 621. Short Title
The short title of this subtitle is the ``Edward R. Murrow
Fellowship Act.''
Sec. 622. Fellowship Program
This section establishes a fellowship program under the
Broadcasting Board of Governors, to be called the ``Edward R.
Murrow Fellowships.'' The purpose of the program is to train
foreign journalists for short periods at the Voice of America,
Radio Free Europe/Radio Liberty, and Radio Free Asia. All three
entities serve, through their daily broadcasts, as a model of
how a journalistic enterprise should operate in free societies.
Through this small training program, the services can further
contribute to freedom of the press in countries where they
broadcast. Such training is consistent with one of the
principles set forth in the United States International
Broadcasting Act of 1994, which calls for U.S. international
broadcasting to include ``training and technical support'' for
independent indigenous media.
Sec. 623. Fellowships
This section provides a limitation on the number of
fellowships at 20 per fiscal year. It also authorizes the
payment of remuneration, housing and transportation for
fellows.
Sec. 624. Administrative Provisions
This section provides various administrative authorities
necessary to implement the fellowship program.
TITLE VII--INTERNATIONAL PARENTAL CHILD ABDUCTION PREVENTION
Sec. 701. Short title
This section provides the short title of Title VII.
Sec. 702. Inadmissibility of aliens supporting international child
abductors and relatives of such abductors
Section 702(a) makes certain changes in the Secretary of
State's authority, in international child abduction cases, to
deny visas to certain family members of child abductors. It
expands the category of persons the Secretary of State may
designate as ineligible to receive visas to include
grandchildren, grandparents, cousins, uncles, aunts, nephews
and nieces of a child abductor.
Section 702(b) clarifies the authority of the Secretary to
implement and terminate designations of visa ineligibility in
child abduction cases. Designations of child abductors and
those that provide them material support may only be terminated
if the child is returned or when the child reaches age 21.
Designations of family members of a child abductor may be
terminated at the Secretary's discretion in order to permit the
Secretary flexibility in seeking the help of such persons in
securing a child's return.
Section 703(c) requires the Department of State to report
to the Congress annually for five years on the use of this visa
denial authority.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. Repeal of Requirement for Semiannual Report on Extradition of
Narcotics Traffickers
This section repeals, at the administration's request, the
requirement that the Department report semi-annually on
extradition of narcotics traffickers from Andean countries.
Sec. 802. Technical amendments to the United States International
Broadcasting Act of 1994
This section makes technical amendments which were
overlooked in the legislation (enacted in 1998) which merged
the United States Information Agency into the Department of
State. It relates to the service of the Secretary of State as
an ex officio member of the Broadcasting Board of Governors. No
substantive change is effected or intended.
Sec. 803. Fellowships for multidisciplinary training on
nonproliferation issues
This section authorizes the Secretary of State to expend $2
million to organize a new program on non-proliferation,
bringing foreign students to U.S. centers and academic
institutions that specialize in non-proliferation studies to
encourage and build a cadre of experts whose future careers
would be devoted to addressing the risk that weapons of mass
destruction pose.
It is intended to encourage eligible students to pursue
careers in nonproliferation by providing funds for graduate
fellowships, including work-study funds for on-the-job training
and research assistant positions at U.S. institutions of higher
education that focus on nonproliferation studies.
Sec. 804. Requirement for Report on United States Policy Toward Haiti
This section requires that the Secretary of State provide a
report that describes a plan for the stabilization and
reconstruction of Haiti for fiscal years 2004 and 2005. The
report shall include a description of activities to be carried
out by the U.S. Government to assist in the establishment of
democracy and rule of law, promote economic development, and
improve health, education, and employment. It must also include
information on U.S. efforts to assist in the disarmament of
militias and the reform of the Haitian National Police, the
holding of free and fair elections, and strategies to address
the HIV/AIDS epidemic. It must also outline U.S. efforts to
convene an international donors conference and persuade other
nations to make substantial contributions to Haiti's
stabilization and reconstruction. The committee believes that
the United States has a political and economic interest, as
well as a humanitarian responsibility, to address the crisis in
Haiti.
Sec. 805. Limitation on use of funds relating to United States policy
with respect to Jerusalem as the capital of Israel
This section reaffirms previous congressional views on the
recognition of Jerusalem as the Israeli capital.
Sec. 806. Requirement for additional report concerning efforts to
promote Israel's diplomatic relations with other countries
This section extends a reporting requirement outlining
efforts undertaken to promote Israel's diplomatic relations
with nations around the world.
Sec. 807. United States policy regarding the recognition of a
Palestinian state
This section reaffirms U.S. policy established by President
George W. Bush on the criteria for recognizing a Palestinian
state. It reiterates the President's statement that three
conditions must be met: The new Palestinian leadership must not
be compromised by terrorism, it must demonstrate a commitment
to peacefully co-exist with Israel, and it must take
appropriate measures to counter terrorism and terrorist
financing in the West Bank and Gaza.
Sec. 808. Middle East Broadcasting Network
This section amends the United States International
Broadcasting Act of 1994 (22 U.S.C 6201 et seq.) to authorize
the Middle East Broadcasting Network as a non-federal grantee
organization.
Sec. 809. Sense of Congress relating to Magen David Adom Society
This section reconfirms a previously enacted sense of the
Congress provision that calls upon the International Committee
of the Red Cross to recognize the Magen David Adom Society and
states that the United States should continue to press for such
recognition.
Sec. 810. Extension of Authorization of Appropriation for the Untied
States Commission on International Religious Freedom
The section extends the $3 million authorized in previous
legislation to FY 2005 for the Commission on International
Religious Freedom, a Federally funded commission that reports
on the status of religious freedom in countries around the
world.
Sec. 811. Sense of the Senate regarding the Visa Waiver Program
This section expresses the sense of the Senate that the
October 26, 2004, deadline that requires certain visa waiver
program beneficiaries to have passports with biometric and
document authentication identifiers should not disrupt the
entry of legitimate visitors to the United States.
Sec. 812. Reporting requirements related to United States international
agreements
This section makes two changes to the Case-Zablocki Act (1
U.S.C. 112b) which requires that the texts of international
agreements other than treaties be provided to the Congress. The
first provides that such agreements be provided directly to the
Committee on Foreign Relations and the House Committee on
International Relations. The second changes an annual reporting
requirement under the Act. Under current law, the report is
submitted by the President; this section changes the law to
require that the Secretary of State submit it instead.
Sec. 813. Requirement to submit to Congress findings under the
Diplomatic Security Act
This section amends the provision in the Diplomatic
Security Act related to Accountability Review Boards. Under the
Act, enacted in 1986, the Secretary of State must convene such
a board whenever there is a case of serious injury, loss of
life, or significant destruction of property at, or related to,
a U.S. Government mission abroad, and in any case of a serious
breach of security involving intelligence activities of a
foreign government directed at a U.S. Government mission
abroad. The provision applies only to facilities under the
control of the chief of mission. Under current law, any program
recommendations made by the Board are submitted to the
Secretary of State. The Secretary then provides to Congress a
report on each such recommendation and the action taken with
respect to that recommendation. This section requires the Board
to also submit its program recommendations directly to the
appropriate congressional committees.
Sec. 814. Combatting piracy of United States copyrighted materials
This section authorizes the Department to carry out anti-
piracy programs in non-OECD nations and authorizes expenditures
from within existing funds of $5,000,000 for that purpose.
Sec. 815. Treatment of nationals of the Democratic People's Republic of
Korea
This section states that nationals of the Democratic
People's Republic of Korea (DPRK) shall not be excluded from
seeking refugee or asylum status in the United States only
because they are eligible to become nationals of the Republic
of Korea (ROK). Nationals of the DPRK (North Korea) are deemed
de facto citizens of the ROK (South Korea) under South Korea's
current law. Under United States law, a person may qualify for
refugee or asylum status only if the individual is unable to
return to his or her country of nationality or citizenship.
This section is intended to avoid possible technical challenges
of citizenship in the adjudication of a refugee or asylum
claim. Its impact is strictly limited to refugee and asylum
determinations. It is not intended to have an impact on broader
issues of immigration eligibility or nationality benefits in
the United States or in the ROK.
Sec. 816. Education of dependents of Broadcasting Board of Governors
personnel stationed in the Commonwealth of the Northern Mariana
Islands
This section authorizes the expenditure of funds for the
purpose of providing education allowances for dependents of
Broadcasting Board of Governors personnel employed in the
Northern Mariana Islands.
TITLE IX--PEACE CORPS CHARTER FOR THE 21ST CENTURY
Sec. 901. Short Title
This section designates title IX of the bill as the ``Peace
Corps Charter for the 21st Century Act.''
Sec. 902. Findings
This section sets forth historical information concerning
the forty-two years of operations of the Peace Corps and its
volunteers. It highlights the importance of Peace Corps
independence. It re-states the three principal goals of the
organization as set forth in the Peace Corps Act, namely to
help people in developing countries meet basic needs, to
promote the understanding of American values abroad, and to
encourage an understanding of other peoples and cultures by
Americans. It expresses support for expanding the number of
volunteers in service provided that such an expansion does not
come at the expense of the quality of the services provided by
Peace Corps volunteers, or at the expense of the support
available to the volunteers themselves. It identifies the
importance of the office of strategic planning in coordinating
existing volunteer programs as well as long-term expansion
plans. It notes the usefulness that a streamlined National
Peace Corps Advisory Council could be to the Director of the
Peace Corps.
Sec. 903. Definitions
This section defines the terms ``appropriate congressional
committees,'' ``Director,'' ``Peace Corps volunteer,'' and
``returned Peace Corps volunteer'' as they are used in this
title.
Sec. 904. Strengthening the Independence of the Peace Corps
This section clarifies existing law with respect to the
independence of the Peace Corps including with respect to
recruitment of volunteers.
Sec. 905. Reports and Consultations
This section provides for an annual report to Congress,
containing a description of any new initiatives being proposed
by the organization, the cost associated with such initiatives,
and a description of in-country security procedures being
implemented by the organization. It also calls for timely
congressional consultation by the Peace Corps Director with
respect to any major new initiatives undertaken by the
organization which have not been previously described in annual
reports to Congress. It also mandates a one-time report to
Congress, within 30 days of enactment of this Act, describing
current student loan forgiveness programs available to
volunteers, and a comparison with other government-sponsored
loan forgiveness programs.
Sec. 906. Increasing the Number of Volunteers
This section calls upon the Director to develop a plan for
doubling the number of volunteer placements and to report to
the Congress the details of that plan not later than thirty
days after enactment. It provides for annual reports thereafter
until the doubling of volunteer placements has been achieved.
Sec. 907. Special Volunteer Recruitment and Placement for Countries
Whose Governments are Seeking To Foster Greater Understanding
Between Their Citizens and the United States
This section mandates that the Director transmit a report
to Congress identifying countries where a greater understanding
of the United States would serve U.S. interests, and its
recruitment and training strategy for equipping volunteers with
necessary skills to meet the special challenges posed by such
countries. It authorizes the Director to utilize the experience
and insight of returned volunteers in opening or reopening
programs in such countries.
Sec. 908. Global Infectious Disease Initiative
This section requires the Peace Corps to develop a training
program for all volunteers in the areas of education,
prevention, and treatment of infectious diseases. The training
program is to be developed in cooperation with local, national
and international health experts.
Sec. 909. Peace Corps Advisory Council
This section amends Section 12 of the Peace Corps Act to
modify the nature, structure, and role of the Peace Corps
Advisory Council, including membership, use of returned
volunteers, meeting schedule, and appointment and duration of
the Council Chair.
Sec. 910. Readjustment Allowances
This section raises the readjustment allowance which
volunteers receive at the end of their service to $275 for each
month of service.
Sec. 911. Programs and Projects of Returned Peace Corps Volunteers To
Promote the Goals of the Peace Corps
This section authorizes the Corporation for National and
Community Service, subject to the availability of
appropriations, to award grants to private non-profit
corporations for the purpose of using the knowledge,
experience, and expertise of returned Peace Corps volunteers to
help carry out the third goal of the Peace Corps Act. It
includes a $10 million authorization of appropriations to carry
out the purposes of this section. Grant moneys are to be used
to support programs or proposals submitted by returned Peace
Corps volunteers. Not more than 20 percent of the funding
available to the corporation may be used for administrative,
overhead, or salary expenses. In addition, the non-profit
corporation(s) will be required to raise private funds and
donations after two years of operation in order to remain
eligible for continued grant money under this section.
Sec. 912. Authorization of Appropriations
This section authorizes funds through fiscal year 2007 as
follows, $351,000,000 for fiscal year 2005, $443,000,000 for
fiscal year 2006, and $485,000,000 for fiscal year 2007.
V. DIVISION B--FOREIGN ASSISTANCE AUTHORIZATION ACT, FISCAL YEAR 2005
(A) Summary of Funds
----------------------------------------------------------------------------------------------------------------
FY 2004 Estimate
FY 2004 Regular -------------------------------- FY 2005 Request Committee Mark
(Supp) Total
----------------------------------------------------------------------------------------------------------------
Child Survival & Health 1,824 1,824 1,420 1,620
Programs Fund (CSH)
Development Assistance (DA) 1,377 1,377 1,329 1,346
International Disaster and 254 (220) 474 386 386
Famine Assistance
Transition Initiatives 55 55 63 63
Development Credit 8 8 8 8
Authority (DCA)
USAID Operating Expenses 601 (40) 641 623 623
(OE)
USAID Capital Investment 81 (17) 98 65 65
Fund
USAID Inspector General 35 35 35 36
Operating Expenses (IG)
Economic Support Fund (ESF) 2,138 (1125) 3,263 2,520 2,520
Assistance for Eastern 442 442 410 415
Europe and the Baltic
States (SEED)
Assistance for the 584 584 550 575
Independent States of the
Former Soviet Union (FSA)
Inter-American Foundation 16 16 15 15
African Development 19 19 17 17
Foundation
Millenium Challenge 994 994 2,500 2000
Corporation
International Narcotics 240 (220) 460 1,090 1,090
Control and Law
Enforcement (INCLE)
Andean Counterdrug 727 727 731 731
Initiative (ACI) \1\
Nonproliferation, Anti- 351 (45) 396 415 485
Terrorism, Demining
(NADR)
Treasury Technical 19 19 18 18
Assistance
International Military 91 91 90 90
Education & Training
(IMET)
Foreign Military Financing 4,269 (364) 4,633 4,958 4,958
(FMF)
Peacekeeping Operations 74 (50) 124 104 104
(PKO)
International Organizations 320 320 304 304
& Programs (IO&P)
----------------------------------------------------------------------------------------------------------------
\1\ The Andean Counterdrug Initiative (ACI) account is a subset of the International Narcotics Control and Law
Enforcement (INCLE) account.
(B) Section-by-Section Analysis
TITLE XXI--AUTHORIZATION OF APPROPRIATIONS
SUBTITLE A--DEVELOPMENT ASSISTANCE AND RELATED PROGRAMS AUTHORIZATIONS
Sec. 2101. Development Assistance
This section authorizes the appropriation of $1,346,000,000
for Development Assistance programs in Fiscal Year 2005,
including programs in the agriculture, education, and
environment sectors, as well as the Development Fund for
Africa. This reflects a $17 million increase over the
President's request. 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. 2102. Child Survival and Health Programs Fund
This section authorizes the appropriation of $1,620,000,000
for child survival, health, and family planning programs for
fiscal year 2005. 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. The committee expects $21 million to
be used to respond to the needs of women and children affected
by humanitarian emergencies, including protection from sexual
exploitation and gender-based violence. The committee mark
reflects an increase of $200 million over the President's
request, which, when combined with funds requested by the
President for other accounts to address HIV/AIDS, will result
in a total fiscal year 2005 authorization of $3 billion to
address that pandemic.
Sec. 2103. Development Credit Authority
This section amends the Foreign Assistance Act to provide
the President authority to provide assistance in the form of
loans and partial loan guarantees to private lenders in
developing countries to achieve economic development purposes.
Authority for this program has been included in appropriations
acts over the past several years. This section also provides
that not more than $21 million of funds available for the
purposes of economic assistance under the Foreign Assistance
Act and for assistance under the Support for Eastern European
Democracy Act in Fiscal Year 2005 may be transferred for use
under this section. It further authorizes the appropriation for
administrative expenses to carry out this section for Fiscal
Year 2005.
This section contains provisions designed to limit the
financial risk to the United States under this program, similar
to limitations that have been applied under the authority
contained in annual appropriations acts. Specifically, these
provisions limit the exposure of the United States to 70
percent of the risk of any one project, and the amount of loans
made or guaranteed, with respect to any single country or
borrower, to $100 million. The latter limitation is consistent
with current law. The former limitation is derived from a USAID
regulation now in place for this program, which limits U.S.
Government's share of the risk to 50 percent, unless the Chief
Financial Officer of the Agency approves a higher level of
risk.
Sec. 2104. Program to Provide Technical Assistance to Foreign
Governments and Foreign Central Banks of Developing or
Transitional Countries
This section authorizes the appropriation of $17,500,000
for fiscal year 2005 for the Department of the Treasury's
program to provide technical assistance to foreign governments
and foreign central banks in developing or transitional
countries.
Sec. 2105. International Organizations and Programs
This section authorizes the appropriation of $304,450,000
for fiscal year 2005 for voluntary contributions to
international organizations and programs.
Sec. 2106. Continued Availability of Certain Funds Withheld From
International Organizations
This section amends Section 307 of the Foreign Assistance
Act to add a new subsection. Under that section, certain U.S.
contributions to international organizations are withheld;
these are the proportionate U.S. share of programs in certain
countries. Section 2106 extends the availability of such funds
until the end of the following fiscal year for which such funds
were appropriated.
Sec. 2107. International Disaster and Famine Assistance
This section authorizes the appropriation of $385,500,000
for fiscal year 2005 for international disaster assistance.
Sec. 2108. Transition Initiatives
This section authorizes the appropriation of $62,800,000
for fiscal year 2005 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. 2109. Assistance for the Independent States of the Former Soviet
Union
The administration requested $550 million for programs in
the Freedom Support Act (FSA) account for the Independent
States of the former Soviet Union for Fiscal Year 2005. This
request is $34 million below the Fiscal Year 2004 level for
this account and substantially lower than the FY03 request. The
committee recommends a $25 million increase for the Independent
States account, to total $575 million.
The committee believes that the administration's proposed
cuts in funding assistance under the FSA are too steep and, if
implemented, could seriously harm U.S. interests in stability,
democracy and market reform in the Independent States. The
additional funding authorized is primarily intended to increase
resources available for programs to support democratic
development--including civil society, independent media, rule
of law and free and fair elections--and market reform in the
former Soviet states. The committee particularly supports using
additional funds to bolster counternarcotics programs underway
in Central Asia, which are critical to maintaining stability in
that region bordering Afghanistan.
The committee notes that, in addition to requesting a $34
million reduction to the FY04 appropriated levels, the
administration is also proposing, for the first time, to fund
the bulk of Organization for Security and Cooperation in Europe
(OSCE) peacekeeping costs out of this account. This represents
a new $10 million commitment of FSA funds. The committee notes
that the administration's justification states that funds under
this account will be expended for the costs of conducting non-
peacekeeping related OSCE activities. Because the
administration has not provided justification as to the types
of OSCE activities that will be funded from this account, the
committee expects that any funds to be expended for such
activities will be notified in accordance with the regular
notification procedures.
The committee urges the administration to ensure that
funding for Educational and Cultural Exchanges (ECE) Account
programs in the FSA countries is maintained at a robust level.
Since the enactment of the FSA, funds have been provided to
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 works toward phasing out a number of
developmental programs in the former Soviet states, the
committee believes that environmental programs should continue
to be part of overall U.S. assistance to the region; such
assistance should emphasize the importance of environmental
organizations in building civil society.
Sec. 2110. Assistance for Eastern Europe and the Baltic States
The administration requested $410 million for the Support
for Eastern Europe Democracies (SEED) account for Fiscal Year
2004. This request is $32 million below the appropriated level
for Fiscal Year 2004 and substantially lower than previous
years. The committee recommends an increase of $5 million for
the SEED account, because the committee believes this account
funds programs that are critical to sustaining Southeast
Europe's transition to democracy, market economies, and
regional stability.
Funding under this heading will help to ensure that
progress will continue in this vitally important region, which
is still recovering from three Balkan wars in the 1990s, and
keep these countries moving on the right track toward Euro-
Atlantic integration. The additional funding is primarily
intended to increase resources available for law enforcement
programs that combat organized crime in the Balkans, and to
speed up the stabilization process in the countries of the
former Yugoslavia and Albania. The additional funding would
also be used to assist with market reform programs in European
Union (EU) candidate countries, namely 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 notes that, in addition to requesting a $30
million reduction to the FY04 appropriated levels, the
administration is also proposing, for the first time, to fund
the costs for the Organization for Security and Cooperation in
Europe (OSCE) field missions from the SEED account. This
represents a new $25 million commitment from SEED funds. The
committee notes that the administration's justification states
that funds under this account will be expended for the costs of
conducting non-peacekeeping related OSCE activities. Because
the administration has not provided justification as to the
types of OSCE activities that will be funded from this account,
the committee expects that any funds to be expended for such
activities will be notified in accordance with the regular
notification procedures.
The committee urges the administration to ensure that
funding for Educational and Cultural Exchanges (ECE) Account
programs in the SEED countries is maintained at a robust level.
Sec. 2111. Operating Expenses of the United States Agency for
International Development
This section authorizes the appropriation of $623,400,000
for fiscal year 2005 for the operating expenses of the United
States Agency for International Development. In addition,
$36,400,000 is authorized to be appropriated for costs of the
Office of Inspector General of the Agency.
Sec. 2112. Capital Investment Funds for USAID
This section authorizes the appropriation of $64,800,000
for Fiscal Year 2005 for overseas construction and related
costs and for enhancement of information technology and related
investments at the U.S. Agency for International Development.
Sec. 2113. Millennium Challenge Assistance
This section authorizes the appropriation of $2,000,000,000
for the Millennium Challenge Account for Fiscal Year 2005.
Sec. 2114. Contributions to Heavily Indebted Poor Countries (HIPC)
Trust Fund
The international community's approach to treating the debt
of the poorest countries with debt servicing problems has
evolved substantially in the last decade. It culminated in 1999
with the Enhanced HIPC Initiative, which was launched to
provide deeper, broader, and faster debt reduction for the
poorest heavily indebted countries committed to economic reform
and poverty reduction. The HIPC Trust Fund allows regional
development banks and other multilateral institutions to meet
the costs of providing debt reduction to heavily indebted poor
countries committed to economic, social and governance reforms.
While the committee authorized the administration's request
of $75 million to complete the U.S. pledge of $150 million in
additional contributions to the HIPC Trust Fund, it remains
under the current formula, and under reforms recommended by
recent legislation, HIPC resources will not be sufficient to
achieve the goals of the program.
Sec. 2115. Bilateral Debt Relief for Democratic Republic of Congo under
Heavily Indebted Poor Country Initiative
This section authorizes the administration's Fiscal Year
2005 request for $105 million to cover a portion of the cost of
100 percent bilateral debt reduction for the Democratic
Republic of the Congo under the enhanced HIPC initiative. The
United States is lagging behind on bilateral debt reduction for
the Democratic Republic of the Congo (DRC). In July 2003, the
DRC reached its enhanced HIPC Decision Point, based on its
demonstrated commitment to economic reform and poverty
reduction. The $105 million authorized for FY05 will permit the
United States to begin the process of 100 percent forgiveness
on payments. Because the United States is the largest bilateral
creditor of the DRC, other creditors are expecting U.S.
participation in HIPC debt reduction for the DRC as soon as
possible. U.S. participation will leverage a total of roughly
$10 billion in debt reduction for the DRC from all creditors.
Sec. 2116. Tropical Forest Conservation
This section authorizes the administration's $20 million
request for debt relief under the Tropical Forest Conservation
Act (TFCA) which was enacted in 1998 to offer eligible
developing countries options to relieve certain official debt
owed to the U.S. while at the same time generating funds to
support local tropical forest conservation activities. A TFCA
agreement can be structured as a debt reduction, a debt
buyback, or a debt-for-nature swap. Local currency funds
generated by a TFCA agreement may be used for a broad variety
of in-country forest conservation activities, including forest
restoration, implementation of sound natural resource
management systems, establishment and maintenance of parks and
protected areas, training in conservation management,
protection of animal and plant species, research on medicinal
uses of tropical forest plants, and development and support of
the livelihoods of people and local communities in or near a
tropical forest. The committee intends to reauthorize and
revise the TFCA this year.
SUBTITLE B--COUNTERNARCOTICS, SECURITY ASSISTANCE, AND RELATED PROGRAMS
AUTHORIZATIONS
Sec. 2121. International Narcotics Control and Law Enforcement
Subsection (a) of this section authorizes the appropriation
of $1,089,820,000 for fiscal year 2005 for international
narcotics control and law enforcement assistance, of which
$731,000,000 is authorized to be appropriated for the Andean
Counterdrug Initiative.
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 which are currently in effect
for fiscal year 2004.
Sec. 2122. Economic Support Fund
This section authorizes the appropriation of $2,520,000,000
for fiscal year 2005 for Economic Support Fund (ESF) programs.
The committee supports the full request level for this account
to provide assistance to allies and countries in transition to
democracy and to finance economic development and political
reform programs.
ESF is also provided to support the Middle East peace
process, including the administration's efforts to make
progress under the Road Map. The committee strongly supports
the Middle East Partnership Initiative (MEPI). It notes that
foreign assistance to countries of the Middle East for the same
purposes, i.e., political reform, economic reform, educational
reform and women's empowerment, should be considered part of a
coordinated, coherent, integrated strategy to meet U.S. foreign
policy objectives. The committee urges the administration to
coordinate related assistance programs under this Act with the
MEPI framework to prevent duplication and ensure effective use
of assistance resources.
In subsection (b), the committee has 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. ESF will help reinvigorate economic development and
foster economic, political and social reforms, alleviate
poverty, and support development of civil society and
democratic institutions and bolster public health services.
The committee notes that Sections 513(d) and 514(d) of the
Security Assistance Act of 2000 (P.L. 106-280) provides that
the computation of amounts available for a fiscal year for ESF
shall not take into account an amount rescinded by an Act for a
fiscal year.
The committee is aware that in recent years, the U.S.
Agency for International Development has provided modest
amounts to the International Research & Exchanges Board to
support the ``Media Sustainability Index'' (MSI), a report
measuring the state of independent media in Central Europe and
Eurasia. The promotion of independent media is an important
objective of U.S. democracy-promotion activities. Such
assessments are important to helping the United States set
priorities for assistance to independent media. The committee
urges AID to continue to support the MSI and to expand it to
other regions.
Sec. 2123. International Military Education and Training
This section authorizes the appropriation of $89,730,000
for fiscal year 2005 for International Military Education and
Training programs, as requested by the administration.
Sec. 2124. Peacekeeping Operations
This section authorizes the appropriation for fiscal year
2005 of $104,000,000 for voluntary Peacekeeping Operations
programs.
Sec. 2125. Nonproliferation, Anti-Terrorism, Demining, and Related
Assistance
This section authorizes $485,200,000 for fiscal year 2005
for the NADR account, which reflects an increase of $70 million
over the President's request.
Sec. 2126. Foreign Military Financing Program
Subsection (a) of this section authorizes the appropriation
of $4,957,500,000 for fiscal year 2005 for Foreign Military
Financing programs, as requested by the administration.
Subsection (b) amends the Security Assistance Act of 2000
to authorize the appropriation for fiscal year 2005 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 2005 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 to an
interest-bearing account.
The committee notes that Sections 513(d) and 514(d) of the
Security Assistance Act of 2000 (P.L. 106-280) provides that
the computation of amounts available for a fiscal year for FMF
shall not take into account an amount rescinded by an Act for a
fiscal year.
SUBTITLE C--INDEPENDENT AGENCIES AUTHORIZATIONS
Sec. 2131. Inter-American Foundation
This section authorizes the appropriation of $15,185,000
for fiscal year 2005 for the Inter-American Foundation. This is
identical to the President's request.
Sec. 2132. African Development Foundation
This section authorizes the appropriation of $17,000,000,
as requested, for fiscal year 2005 for the African Development
Foundation.
TITLE XXII--AMENDMENTS TO GENERAL FOREIGN ASSISTANCE AUTHORITIES
SUBTITLE A--FOREIGN ASSISTANCE ACT AMENDMENTS AND RELATED PROVISIONS
Sec. 2201. Development Policy
This section amends the Foreign Assistance Act's Statement
of Development Assistance Policy to recognize the importance of
public-private partnerships in maximizing resources available
for foreign assistance activities.
Sec. 2202. Assistance for Nongovernmental Organizations
This section amends the Foreign Assistance Act to make
permanent an authority that has been contained for a number of
years in annual foreign assistance appropriations and which is
similar to the current Section 123(e) of the Foreign Assistance
Act.
New subsection (e)(1) states that restrictions on
assistance to a country are not to be construed to bar
assistance to that country that is provided through non-
governmental organizations using funds provided for development
assistance, assistance for Eastern Europe and the former Soviet
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 non-governmental
organizations to the central government of a country. Although
prohibitions on assistance to the government of a country
normally would apply to all levels of government in a country,
this provision makes it clear that for purposes of the
authority provided in this subsection, assistance through non-
governmental organizations could be provided to levels of
government below the national level.
Consistent with the interpretation and application of
similar provisions of law in the past, this provision would
permit an NGO to use government facilities, resources, and
personnel in the implementation of the NGO's program. For
example, government warehousing or cold storage facilities,
medical facilities, and medical personnel, could be used by an
NGO in support of the NGO's immunization program. However,
decisions on how to implement such a program, including where
the program is to be conducted, must be the decision of the
NGO. Except in this and similar cases where benefits from an
NGO program are only incidentally conferred on the government
of a country, assistance making use of the authority provided
by this section cannot be used to provide assistance to the
central government of a country otherwise prohibited from
receiving assistance.
Sec. 2203. Authority for Use of Funds for Unanticipated Contingencies
This section amends section 451 of the Foreign Assistance
Act to permit this authority to be applied to the use of
funding made available to carry out the Arms Export Control
Act, and to raise the annual ceiling on the use of this
authority from $25 million to $50 million.
Sec. 2204. Authority to Accept Lethal Excess Property
This section amends section 482(g) of the Foreign
Assistance Act to permit the Secretary of State to receive
lethal excess property from other agencies of the U.S.
Government for the purpose of providing such property to
foreign governments. A similar provision has been contained in
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. 2205. Reconstruction and Famine Assistance Under International
Disaster Assistance Authority
This section amends section 491 of the Foreign Assistance
Act to make clear that the authority in that section may be
used to respond to famine, as well as other natural and manmade
disasters and may be used to provide for reconstruction of
countries affected by such crises. This section also amends the
title of the account.
Sec. 2206. Funding Authorities for Assistance for the Independent
States of the Former Soviet Union
This section amends the Foreign Assistance Act to make
permanent the authorities applicable to provision of assistance
that are contained in that Act. Appropriations acts since the
inception of the program for the independent states of the
former Soviet Union have continued these authorities.
Sec. 2207. Waiver of Net Proceeds Resulting From Disposal of United
States Defense Articles Provided to a Foreign Country on a
Grant Basis
This section amends section 505(f) of the Foreign
Assistance Act to broaden the existing authority of the
President to waive the requirement that net proceeds resulting
from the disposal of defense articles provided to a foreign
country on a grant basis be paid to the United States. Existing
law limits the waiver authority to items delivered before 1985.
Sec. 2208. 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 such transfer is made.
Sec. 2209. Additions to United States War Reserve Stockpiles in Israel
for Fiscal Years 2004 and 2005
This section extends through fiscal year 2005 the
President's authority to transfer excess items to the
Department of Defense War Reserve Stockpile in Israel.
Sec. 2210. Restrictions on Economic Support Funds for Lebanon
This section amends section 1224 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (P.L. 107-228), to permit
assistance to address the needs of southern Lebanon. The
committee notes that such assistance will be provided to non-
governmental organizations that promote democracy and economic
development. 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. 2211. Administration of Justice
This section amends section 534 of the Foreign Assistance
Act to provide for the continuation of the administration of
Justice program on a worldwide basis. The amendment deletes the
sunset provision and the overall funding ceiling. The
amendments made by this section conform the administration of
Justice authority to that provided in appropriations acts for
many years.
Sec. 2212. Demining Programs
Subsection (a) amends section 551 of the Foreign Assistance
Act to make it clear that, in accordance with previous
interpretations of the Peacekeeping program's statutory
authorities, the program may include demining activities.
Subsection (b) continues and makes permanent an authority
contained in prior year appropriations acts to allow the
Department of State and USAID to dispose of demining equipment
on a grant basis in foreign countries.
Subsection (c) highlights the 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. 2213. Special Waiver Authority
This section amends section 614 of the Foreign Assistance
Act by updating authorities and funding limitations in that
section.
New subsection (a)(1) provides that the authority of
section 614 may be used to waive provisions of law that limit
the President's ability to authorize assistance, 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), as revised by this section. The standards used to allow
the provision of both economic and military assistance are the
same as current law. The provision also increases one of the
annual country limitations.
New subsection (b) lists the provisions of law that may be
waived. In addition to provisions contained in foreign
assistance authorization and appropriations acts, provisions of
law contained in other legislation that limit the provision of
assistance under those acts may also be waived under the
authority of this section.
The requirements for prior consultation with the
appropriate committees of the Congress and submission of a
written policy justification before the President may exercise
the authority contained in section 614 remain unchanged.
Sec. 2214. 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. 2215. 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. 2216. 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. 2217. 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. 2218. Commitments for Expenditures of Funds
This section amends section 635(h) of the Foreign
Assistance Act to allow contracts or agreements which entail
the commitment or expenditure of funds made available under the
Foreign Assistance Act to be extended at any time for not more
than five years. Under current law, this authority is limited
only to certain accounts.
Sec. 2219. 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. 2220. 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. 2221. 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 President
with the authority to waive the limitations of this section on
a case-by-case basis if the President determines that it is
important to the national interest to do so. It is anticipated
that this authority will be exercised by the Secretary of State
under appropriate delegations of authority. The obligation of
funds pursuant to such a waiver is subject to prior
notification of the appropriate congressional committees under
section 634A of the Foreign Assistance Act.
Sec. 2222. Special Debt Relief for the Poorest Countries
This section amends the Foreign Assistance Act by adding a
new Part VI. This part authorizes the President to forgive
certain debts owed by the poorest countries to the United
States. The exercise of this authority is subject to, among
other things, the prior appropriation of funds for this purpose
and prior notification of the appropriate congressional
committees in accordance with section 634A of the Foreign
Assistance Act. The authority is similar to authority
previously enacted in foreign assistance appropriations acts.
Sec. 2223. 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 to capitalize on the strong cooperation and
momentum of state governments, international organizations and
non-governmental organizations in protecting the region's
essential natural resources while also addressing other
challenging development issues in the region. 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. 2224. 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. 2225. 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 that
purpose in Fiscal Year 2005.
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. 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. 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.
Sec. 2226. Database of United States Military Assistance
The Foreign Relations Authorization Act, Fiscal Years 2000
and 2001 (P.L. 106-113) first established the requirement that
the annual U.S. military assistance report required under
Section 655 of the Foreign Assistance Act of 1961 be made
available to the public on the Internet. In the years since,
the State Department has complied with this requirement;
however, the current report is posted on the Internet only in a
PDF document, thus making it difficult for users to manipulate
the data in any meaningful fashion. For example, users are not
able to cumulate data over time and across countries and
different munitions categories.
In an effort to make the Section 655 report more user-
friendly, this section requires the State Department to
establish an Internet-accessible, interactive database,
consisting of all the unclassified information currently
available in the printed report. The database would be
searchable by various criteria. Such criteria could include,
among others, the recipient country, the United States
Munitions List category of article or service provided, and the
year of the sale or grant. With such a database, interested
parties from academia, non-governmental organizations, the
defense industry, and the Congress could access immediately
cumulative data, cross-referenced among several categories. The
committee does not view the creation of a database as a burden
on the Department. Because the Department already organizes the
data in the Section 655 report through electronic processing, a
database would only require the importation of existing data.
Sec. 2227. Millennium Challenge Assistance for Certain Countries
This section extends through 2005 a provision of the
Millennium Challenge Account (MCA) legislation authorizing up
to 10 percent of MCA funding to assist countries that initially
fail to meet the requirements for eligibility, including by
reason of the absence or unreliability of data. The committee
believes that this assistance should be provided only in cases
where countries are close to meeting MCA requirements and
should be administered in such a way as to provide incentives
for poor countries to promote just and democratic governance,
economic freedom, and investments in human capital. The
committee urges the Millennium Challenge Corporation to make
full use of this provision.
SUBTITLE B--ARMS EXPORT CONTROL ACT AMENDMENTS AND RELATED PROVISIONS
Sec. 2231. Thresholds for Advance Notice to Congress of Sales or
Upgrades of Defense Articles, Design and Constructions
Services, and Major Defense Equipment
This section raises the minimum dollar thresholds at which
sales of certain defense articles, design and construction
services, and major defense articles (or upgrades of such
sales) must be reported to the Congress under Section 36 of the
Arms Export Control Act.
This section raises the level of notification thresholds
from $14 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 ``if the President determines it is appropriate.'' The
committee understands that the executive branch is prepared to
provide the committee informal notice of planned arms transfers
above existing dollar thresholds (but below the new thresholds
under this section) and to submit formal notification under
Section 36 of the Arms Export Control Act for certain transfers
if requested by the chairman or ranking member. The committee
expects that an exchange of letters will be used to specify the
State Department's commitment in this regard before this
section is enacted.
Sec. 2232. Clarification of Requirement for Advance Notice to Congress
of Comprehensive Export Authorizations
This section requires the President to make certifications
to the Congress under Section 36(c)(1) of the Arms Export
Control Act before issuing comprehensive authorizations under
Section 126.14 of the International Traffic in Arms Regulations
(ITAR) for the export of defense articles or defense services
to an eligible foreign country or foreign partner.
Sec. 2233. Exception to Bilateral Agreement Requirements for Transfers
of Defense Items
This section amends Section 38(j) of the Arms Export
Control Act to allow for the bilateral licensing exemption
agreements with the governments of the United Kingdom and
Australia. The section also contains reporting requirements
concerning these agreements, mandates a Presidential
certification concerning them, and creates a special report on
unauthorized end use or diversion of U.S. defense articles or
services exempt from U.S. licensing requirements under the
agreements. The committee supports these particular agreements
provided adequate controls are ensured and Congress is kept
informed regarding them.
Sec. 2234. 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. 2235. Freedom Support Act Permanent Waiver Authority
This section provides a permanent annual waiver authority
with respect to the requirements of Section 502 of the Freedom
Support Act (P.L. 102-511). Section 1306 of the National
Defense Authorization Act for Fiscal Year 2003 (P.L. 107-314)
provided authorization for an annual waiver only for fiscal
years 2003 through 2005. This permanent authority to exercise a
waiver would ensure continuity for program planning purposes.
Sec. 2236. Extension of Pakistan Waivers
This section extends the authority contained in previous
legislation (P.L. 107-57) to make inapplicable through fiscal
year 2005 foreign assistance restrictions relating to coups and
loan defaults with respect to Pakistan.
Sec. 2237. 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,
2005, 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. 2238. Haitian Coast Guard
This section grants eligibility to the Government of Haiti
for the purchase of defense articles and services for the
Haitian Coast Guard under the Arms Export Control Act subject
to existing notification requirements.
Sec. 2239. 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.
Sec. 2240. Transfer of Certain Naval Vessels
This section authorizes the President to transfer certain
vessels to the Government of Bahrain and the Government of
Portugal on a grant basis under Section 516 of the Foreign
Assistance Act of 1961. In addition, it authorizes the
President to transfer a vessel to the Government of Chile on a
sales basis under Section 21 of the Arms Export Control Act.
Sec. 2241. Man-portable Air Defense Systems Threat Reduction
This section authorizes $10 million to enhance State
Department initiatives under the Non-Proliferation, Anti-
Terrorism, Demining, and Related Programs account to reduce the
threat posed by Man-Portable Air Defense Systems (MANPADS). The
committee is concerned about the threat posed to commercial and
military aircraft by terrorists possessing these weapons. These
systems are widely available, relatively inexpensive, and easy
to use, and are known to be in the hands of terrorist groups
throughout the world.
In addition to commending efforts by the G8 Group of
Nations and the Wassenaar Arrangement on Export Controls for
Conventional Arms and Dual-Use Goods and Technologies to reduce
the threat from MANPADS, this provision urges the President to
instruct the United States Representative to the United Nations
to pursue a United Nations Security Council Resolution to ban
the transfer and sale of MANPADS to non-state entities
(including terrorist groups or individual terrorists). The
Secretary of State is required to issue a report on the
progress in obtaining the U.N. Security Council resolution and
on U.S. efforts to reduce the threat of MANPADS within 180 days
of enactment of this Act and each year thereafter.
TITLE XXIII--RADIOLOGICAL TERRORISM SECURITY
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. The committee is pleased to note significant progress
in these areas in the past year.
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.
The committee is 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. Furthermore, this
title provides authority to the Secretary of State to develop,
through U.S. contributions to and in coordination with the
IAEA, foreign first-responder plans and training to implement
them.
TITLE XXIV--GLOBAL PATHOGEN SURVEILLANCE
In January 2001, the National Intelligence Council released
a National Intelligence Estimate entitled, The Biological
Warfare Threat. The report not only points to the growing
biological warfare capabilities of state and non-state actors
but, more importantly, highlights the similar patterns and
symptoms of a deliberately initiated disease outbreak and a
naturally occurring outbreak. Once an outbreak is detected and
begins to spread, it is very difficult to distinguish between a
deliberate versus a natural disease outbreak. Furthermore, both
are potentially devastating to human, animal, and plant life,
as well as economically costly. Epidemiologists and public
health experts rely on similar tools to help prevent, detect,
and contain both intentional and naturally occurring disease
outbreaks.
The 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 global outbreak in 2003 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. 2404. Priority for Certain Countries
Section 2404 requires that priority in allocating
assistance under the provisions of this bill be given to those
eligible developing countries that permit personnel from the
World Health Organization (WHO) and the Centers for Disease
Control and Prevention (CDC) to investigate infectious disease
outbreaks on their territory, provide early notification of
such outbreaks, and share pathogen surveillance data with
appropriate U.S. Governmental entities and international health
organizations.
Sec. 2405. Restriction
Section 2405 restricts access that foreign nationals
participating in programs authorized under this Act may gain to
select agents that may be used as, or in, a biological weapon,
except in a supervised and controlled setting. 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. 2406. Fellowship Program
Section 2406 authorizes the Secretary of State to award
fellowships to eligible nationals of developing countries to
pursue a master of public health degree or advanced public
health training in epidemiology. 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. 2407. In-Country Training in Laboratory Techniques and Syndrome
Surveillance
Section 2407 supports short-term training courses, outside
the United States, in laboratory techniques for laboratory
technicians and public health officials. Such training courses
offer the opportunity for public health personnel to train in
their indigenous environment, utilizing the available
technology. Subsection 2407(a) complements the assistance
authorized in Section 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. 2408 and Sec. 2409. Assistance for the Purchase and Maintenance of
Public Health Laboratory Equipment and Assistance for Improved
Communication of Public Health Information
Sections 2408 and 2409 authorize the President to provide
assistance, subject to the availability of appropriations, to
eligible developing countries to purchase and maintain: (1)
public health laboratory equipment necessary for the
collection, analysis, and identification of pathogens which may
cause disease outbreaks or be used as biological weapons; and
(2) communications equipment and information technology, along
with supporting equipment, necessary to effectively collect,
analyze, and transmit public health information. The equipment
should be appropriate for ready use in the intended
geographical area and compatible with general standards
established by the WHO and, as appropriate, the CDC to ensure
interoperability with regional and international networks.
Recipient countries must provide the resources, infrastructure,
and other assets required to house, support, maintain, secure,
and maximize use of this equipment and appropriate technical
personnel.
This section further imposes a limitation, in that amounts
appropriated to carry out this section shall not be made
available for the purchase from a foreign country of equipment
that, if made in the United States, would be subject to the
Arms Export Control Act or likely be barred or subject to
special conditions under the Export Administration Act of 1979.
The 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. 2410. Assignment of Public Health Personnel to United States
Missions and International Organizations
Section 2410 authorizes the heads of executive branch
departments and agencies to assign public health personnel to
U.S. diplomatic missions and international health organizations
when requested. These details, intended to be flexible in
nature, should be for the purpose of enhancing disease and
pathogen surveillance efforts in developing countries. The
Secretary of State must concur with any such detail.
Sec. 2411. Expansion of Certain United States Government Laboratories
Abroad
Section 2411 authorizes the expansion of the overseas
laboratories and other related facilities of the Centers for
Disease Control and Prevention and the Department of Defense,
as appropriate, to further the goals of global pathogen
surveillance and monitoring. This expansion applies to both
numbers of personnel and the scope of operations. Overseas CDC
and DOD facilities, working with host governments, play a
crucial role in enhancing the capability of developing
countries to monitor disease outbreaks and suspected biological
weapons attacks.
Sec. 2412. Assistance for Regional Health Networks and Expansion of
Foreign Epidemiology Training Programs
Section 2412 authorizes the President to provide assistance
for the purposes of enhancing the surveillance and reporting
capabilities of the World Health Organization and existing
regional networks. The President is also authorized to provide
funding for the development of new regional health networks, as
a means of continuing to expand the reach of a global
surveillance network. Additionally, subsection (b) authorizes
the Secretary of Health and Human Services to establish new
country or regional Foreign Epidemiology Training Programs in
eligible developing countries.
Sec. 2413. Authorization of Appropriations
This section authorizes appropriations for carrying out
provisions of this title for Fiscal Year 2005. The committee
has made funding available for this title from the funds
authorized to be appropriated to the State Department account
for Non-Proliferation, 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 2406, 2407,
2408 and 2409; $500,000 to carry out Section 2410; $2.5 million
to carry out Section 2411; and $7 million to carry out Section
2412.
The committee recognizes that the level of assistance
required for global pathogen surveillance will be modest in
comparison to other foreign assistance efforts. Targeted U.S.
assistance can leverage other international assistance and,
more importantly, establish benchmarks for public health
programs in developing countries to strive for in sustaining
and expanding pathogen surveillance efforts. Global
surveillance does not command large-scale investments nor does
it require high-tech equipment. The 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 2005 does not indicate the need for a re-
authorization of these programs.
TITLE XXV--MISCELLANEOUS PROVISIONS
SUBTITLE A--ELIMINATION AND MODIFICATION OF CERTAIN REPORTING
REQUIREMENTS
Sec. 2501. Annual Report on Territorial Integrity
This section repeals an annual report from the 1994 Foreign
Operations, Export Financing, and Related Programs Act on steps
taken by the governments of Eurasia concerning violations of
the territorial integrity or national sovereignty of other
Eurasian states ``such as those violations included in
Principle Six of the Helsinki Final Act.'' This report is no
longer necessary because the countries of Eurasia (designated
in the 1994 Act as ``New Independent States'') have maintained
their sovereignty and territorial integrity for over a decade.
Sec. 2502. Annual Reports on Activities in Colombia
This section permits the Secretary to satisfy the reporting
requirements of Section 694 of the Foreign Relations
Authorization Act, Fiscal Year 2003, by consolidating the
required information with the report required by Section 489 of
the Foreign Assistance Act.
Sec. 2503. Annual Report on Foreign Military Training
This amendment changes the date upon which the report is
due to the Congress from January 31 to March 1.
Sec. 2504. Report on Human Rights in Haiti
This section combines reports that derive from subsections
616(c) (2), (3) and (4) of the Commerce, Justice and State
Appropriations Act Fiscal Year 1999, as amended, concerning the
status of the Government of Haiti's investigations and
prosecution of certain extra judicial and political murders,
the list of individuals implicated in those murders, and list
of aliens denied visas as a result of the legislation. The two
reports had been submitted on the same date but in two separate
packages, so the timing of the receipt of this information will
not be affected.
SUBTITLE B--OTHER MATTERS
Sec. 2511. 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. 2512. 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. 2513. 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. 2514. 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 2005 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 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. 2515. Support for Haiti
The committee recognizes the serious humanitarian crisis in
Haiti and urges a robust and immediate response in the current
fiscal year by the United States and the international
community. Accordingly, the committee encourages the
administration to provide to Haiti $150,000,000 in assistance
to meet the basic needs of the Haitian people, to provide
resources for the purposes of training, overhauling and
equipping the Haitian National Police force, and to provide
resources to the international security forces authorized by
the United Nations or other appropriate international
organizations.
The committee recognizes the need for flexibility in
responding to the crisis and, accordingly, makes clear that
such assistance may be provided from among several accounts
authorized in this bill. In addition, the committee urges the
administration to convene an international donors conference as
early as practicable, for the purpose of rallying the
international community to provide resources for this crisis.
Sec. 2516. 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 2005 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. 2517. Conditions on the Provision of Certain Funds to Indonesia
This section conditions the release of any funds available
for Indonesia in fiscal year 2005 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. 2518. Assistance to Combat HIV/AIDS in Certain Countries of the
Caribbean Region
This section's purpose is to include certain nations of the
Caribbean Region, where HIV/AIDS prevalence is second only to
sub-Saharan Africa, on the list of countries eligible for
assistance under the Emergency Plan for AIDS Relief.
Sec. 2519. Assistance to Combat HIV/AIDS in India
This section makes India eligible for assistance under the
Emergency Plan for AIDS Relief. The committee understands that
India is facing a critical moment in its efforts to combat HIV/
AIDS, with over 4.5 million infected and the epidemic spreading
from urban areas to rural areas, and from high-risk groups to
the general population. The committee believes that, while
India's political leaders, public health officials, non-
governmental organizations, and medical and scientific
communities have taken important steps to combat HIV/AIDS,
significant gaps remain that require immediate U.S. engagement
and contribution of resources.
Sec. 2520. Sense of the Congress on Iraq Debt
This section calls attention to the tremendous foreign debt
held by Iraq and the billions in reparations claims pending
with the UN Compensation Commission. The committee considers it
is in the best interests of the United States to work with
Iraq, the nations to which Iraq is in debt, and the
international community to negotiate a substantially reduced
debt and reparations burden for Iraq. The President and his
personal envoy for these negotiations are to be commended for
progress made to-date and are encouraged to continue on this
most essential effort.
Sec. 2521. Sense of Congress on Rights of Women in Iraq
This section expresses the sense of Congress that the
rights of women in Iraq, including their full participation in
government and society, should be protected following the
transfer of sovereignty to Iraq.
Sec. 2522. Sense of Congress on National Elections in Afghanistan
This section expresses the sense of Congress that adequate
security must be present throughout Afghanistan before
elections can occur that are both fair and free. It also
recognizes the importance of women to the future of Afghanistan
by expressing the sense of Congress that the United Nations
Assistance Mission to Afghanistan (UNAMA) should increase its
efforts to register Afghan women to vote in order to ensure
their full participation in Afghanistan's scheduled elections.
The committee considers the current ``acceleration'' of U.S.
assistance to Afghanistan to be a critical factor to achieving
an environment conducive to free and fair elections.
Sec. 2523. 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. 2524. Technical Corrections
This section makes technical corrections to several foreign
assistance laws.
VI. Cost Estimate
In accordance with rule XXVI, paragraph 11(a) of the
Standing Rules of the Senate, the committee provides the
following estimate of the cost of this legislation prepared by
the Congressional Budget Office.
United States Congress,
Congressional Budget Office,
Washington, DC, March 18, 2004.
Honorable Richard G. Lugar, Chairman
Committee on Foreign Relations,
United States Senate,
Washington, DC.
Dear Mr. Chairman:
The Congressional Budget Office has prepared the enclosed
cost estimate for S. 2144, the Foreign Affairs Authorization
Act, Fiscal Year 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte.
Sincerely,
Douglas Holtz-Eakin, Director
Enclosure.
S. 2144--Foreign Affairs Authorization Act, Fiscal Year 2005
SUMMARY
S. 2144 would authorize appropriations of $27.1 billion for
the Department of State, international assistance programs, and
related agencies for 2005. It also would authorize
appropriations totaling about $0.9 billion for the Peace Corps
over the 2006-2007 period. The bill also contains provisions
that would raise the cost of discretionary programs for famine
and reconstruction assistance, debt relief, public diplomacy,
exchange programs, personnel, and other programs over the 2005-
2009 period. CBO estimates that those provisions would require
appropriations of $3.3 billion over those five years. CBO
estimates that appropriation of the authorized and estimated
amounts would result in additional discretionary spending of
about $29.7 billion over the 2005-2009 period.
CBO estimates that S. 2144 would raise direct spending by
less than $500,000 a year in 2005 and 2006, by $25 million over
the 2007-2009 period, and a total of about $25 million over the
2005-2014 period, primarily from forgone asset sales receipts
under section 2208--which would authorize the transfer of
certain U.S. defense articles to Israel (instead of selling
such surplus articles). The bill would also increase
governmental receipts (i.e., revenues) by an insignificant
amount each year by creating new criminal penalties related to
law enforcement and protective functions of State Department
special agents and guards.
S. 2144 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of S. 2144 is shown in Table
1. The costs of this legislation fall within budget functions
050 (national defense), 150 (international affairs), 300
(natural resources and environment), 500 (education, training,
employment, and social services), 600 (income security), 750
(administration of justice), and 800 (general government).
The estimated budgetary impact of S. 2144 is shown in Table
1. The costs of this legislation fall within budget functions
050 (national defense), 150 (international affairs), 300
(natural resources and environment), 500 (education, training,
employment, and social services), 600 (income security), 750
(administration of justice), and 800 (general government).
TABLE 1. BUDGETARY IMPACT OF S. 2144, THE FOREIGN AFFAIRS AUTHORIZATION ACT, FISCAL YEAR 2005
(By fiscal year, in millions of dollars)
----------------------------------------------------------------------------------------------------------------
2004 2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for State
Department, International Assistance
Programs, and Related Agencies:
Estimated Authorization Level \1\ \2\ 26,598 2,195 2,545 3,145 3,345 0
Estimated Outlays 24,542 13,275 7,699 5,224 4,205 3,495
Proposed Changes:
Estimated Authorization Level \3\ 0 27,640 1,259 1,108 700 700
Estimated Outlays 0 12,947 8,521 4,260 2,513 1,476
Spending Under S. 2144 for State Department,
International Assistance Programs, and
Related Agencies:
Estimated Authorization Level \2\ \3\ 26,598 29,835 3,804 4,253 4,045 700
Estimated Outlays 24,542 26,222 16,220 9,484 6,718 4,971
CHANGES IN DIRECT SPENDING AND REVENUES \4\
Estimated Budget Authority 0 (*) (*) 5 10 10
Estimated Outlays 0 (*) (*) 5 10 10
----------------------------------------------------------------------------------------------------------------
Note: (*) = less than $500,000.
\1\ The estimated authorization levels over the 2005-2008 period are an estimate of international HIV/AIDS
programs authorized by Public Law 108-25, the U.S. Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act
of 2003. That act authorized the appropriation of $15 billion for the 2004-2008 period for HIV/AIDS programs,
including programs administered by the Department of Health and Human Services.
\2\ The 2004 level is the amount appropriated for that year.
\3\ These amounts do not include costs for sections 103(c) and 207 of S. 2144 because CBO cannot estimate the
timing or amounts that may be necessary to implement those provisions.
\4\ CBO estimates that changes in revenues from new criminal penalties would be less than $500,000 in all years.
BASIS OF ESTIMATE
S. 2144 would authorize appropriations for the Department
of State and international broadcasting activities for fiscal
year 2005 and would authorize appropriations for the Peace
Corps for the 2005-2007 period. It would be the first
comprehensive foreign assistance authorization act since the
mid-1980s--authorizing funding for most existing assistance
programs and also several new ones. Finally, the bill contains
provisions that would increase direct spending by about $25
million over the next five years.
Spending Subject to Appropriation
S. 2144 would authorize appropriations of $27.1 billion in
2005 and $0.9 billion over the 2006-2009 period for the State
Department, international assistance programs, the Peace Corps,
and related agencies. In addition to those specified
authorizations, the bill also contains provisions that would
affect costs for famine and reconstruction assistance, debt
relief, public diplomacy, exchange programs, personnel, and
other programs. CBO estimates that implementing those
provisions would require additional appropriations of $3.3
billion over the 2005-2009 period. For this estimate, CBO
assumes that the authorized amounts will be appropriated by the
start of each fiscal year and that outlays will follow
historical spending patterns for the affected programs. CBO
estimates that implementing the bill would cost about $29.7
billion over the 2005-2009 period, assuming appropriation of
the necessary amounts (see Table 2).
Specified Authorizations. S. 2144 would authorize $7.9
billion in 2005 for the State Department for programs related
to the administration of foreign affairs and international
organizations, and $0.1 billion for other related programs. It
would authorize $1.1 billion for international broadcasting and
exchange activities.
The bill would authorize the appropriation of $9.9 billion
in 2005 for international development and humanitarian
assistance programs, including the Peace Corps, and $8.2
billion for international security assistance programs.
Title IX of the bill would authorize the appropriation of
$1.3 billion over the 2005-2007 period for the Peace Corps. It
also would require the Director of the Peace Corps to develop a
plan to increase the number of volunteers in service to twice
the number enrolled in 2002 and would increase the readjustment
allowance authorized to returning volunteers from $125 for each
month of service to $275 for each month of service. CBO
estimates that implementing these provisions would cost about
$275 million in 2005 and almost $1.3 billion over the 2005-2009
period, assuming the appropriation of the authorized amounts.
TABLE 2. SPECIFIED AND ESTIMATED AUTHORIZATIONS IN S. 2144
----------------------------------------------------------------------------------------------------------------
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------
2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
Specified Authorizations
International Development and Humanitarian
Assistance
Authorization Level 9,897 443 485 0 0
Estimated Outlays 2,580 4,280 2,147 930 354
International Security Assistance
Authorization Level 8,157 0 0 0 0
Estimated Outlays 4,483 1,996 855 424 192
Conduct of Foreign Affairs
Authorization Level 7,938 0 0 0 0
Estimated Outlays 4,970 1,449 532 495 230
Foreign Information and Exchange Activities
Authorization Level 1,064 0 0 0 0
Estimated Outlays 729 270 42 16 4
Other Programs
Authorization Level 84 0 0 0 0
Estimated Outlays 60 13 9 3 0
Total Specified Authorizations
Authorization Level 27,140 443 485 0 0
Estimated Outlays 12,822 8,008 3,585 1,868 780
Estimated Authorizations \1\
Famine and Reconstruction Assistance
Estimated Authorization Level 500 500 500 500 500
Estimated Outlays 125 350 450 495 498
Debt Relief
Estimated Authorization Level 0 195 0 75 75
Estimated Outlays 0 81 114 31 75
Middle East Broadcasting Network
Estimated Authorization Level 052 52 52 52
Estimated Outlays 0 44 51 52 52
Education and Training Programs
Estimated Authorization Level 0 38 39 40 40
Estimated Outlays 0 19 34 37 39
Middle East Foundation
Estimated Authorization Level 0 15 16 16 16
Estimated Outlays 0 6 11 14 15
Personnel and Other Programs
Estimated Authorization Level 0 16 16 17 17
Estimated Outlays 0 13 15 16 17
Total Estimated Authorizations
Estimated Authorization Level 500 816 623 700 700
Estimated Outlays 125 513 675 646 696
Total Authorizations
Estimated Authorization Level 27,640 1,259 1,108 700 700
Estimated Outlays 12,947 8,521 4,260 2,513 1,476
----------------------------------------------------------------------------------------------------------------
\1\ All of the programs with estimated authorizations also have specified authorizations in 2005.
Title IX also would authorize the appropriation of $10
million to the Corporation for National and Community Service
for grants to organizations that use returning Peace Corps
volunteers to promote an understanding of other peoples on the
part of the American people. Assuming that these funds will be
appropriated for fiscal year 2005, CBO estimates that
implementing this provision would cost $2 million in 2005 and
$10 million over the 2005-2009 period.
Famine and Reconstruction Assistance. Section 2205 would
expand the purposes for which appropriations for international
disaster assistance may be provided to include programs of
famine relief and reconstruction following manmade or natural
disasters abroad. The bill would authorize $386 million in 2005
for international disaster and famine assistance; however,
reconstruction following manmade or natural disasters can be
very expensive and has often been funded by supplemental
appropriations.
The United States provided over $0.6 billion in 1999 for
Central America and the Caribbean to recover after disastrous
hurricanes. Appropriations for the reconstruction of Iraq and
Afghanistan totaled over $20 billion in 2003 and 2004. While
continued funding at that level appears unlikely to be
repeated, CBO estimates that meeting the expanded purposes
could require appropriations of several hundred million to one
billion dollars above the levels specified by the bill for
countries emerging from conflict or civil strife such as Sudan,
Liberia, or Haiti. Based on historical funding for similar
activities, CBO estimates the costs for implementing this
section could be $500 million each year over the 2005-2009
period, assuming the appropriation of the necessary funds.
Debt Relief. S. 2144 contains four provisions that address
debt relief for developing countries:
Section 2115 would require the President to cancel
all bilateral debts owed by the Democratic Republic of
the Congo to the U.S. government, subject to the
availability of appropriations for the cost, as defined
by the Federal Credit Reform Act, of cancelling those
debts. It would authorize the appropriation of $105
million in 2005 for the cost of cancelling Congo's
debts. Based on information from the Office of
Management and Budget (OMB), CBO estimates the cost of
cancelling all of the Congo's debts would be $300
million. The estimate assumes that the balance--$195
million--would be provided in 2006.
Section 2114 would authorize the appropriation of
$75 million in 2005 or 2006 for a contribution to the
Heavily Indebted Poor Countries Trust Fund administered
by the World Bank. This estimate assumes the
appropriation of the authorized amounts in 2005 as
requested by the President.
Section 2116 would authorize the appropriation of
$20 million in 2005 for debt relief under the Tropical
Forest Conservation Initiative.
Section 2222 would authorize the President to reduce
the U.S. bilateral debt of low-income countries as part
of multilateral debt-relief agreements limited to such
extent or in such amounts as may be provided in advance
in an appropriations act. The authorization that would
be provided in section 2222 is the same as that
contained in general provisions of annual
appropriations acts for nearly a decade. The U.S.
government has forgiven the bilateral debt that it once
held for most of the world's poorest countries;
however, it still holds the debt of some of the world's
poorest countries, such as Afghanistan, Sudan, Somalia,
and Liberia. At some point after 2005, these countries,
or other poor countries, may meet the minimum
requirements for multilateral debt relief as stipulated
by the bill.
We cannot identify the exact timing of such action, given
the experience of other countries emerging from
internal conflict, we estimate that it would be at
least two to three years after a reconstituted civilian
government is established in those countries before any
multilateral debt agreement would be negotiated. While
the bill does not authorize the appropriation of any
funds, CBO estimates that the present value of all debt
of low-income countries held by the U.S. government to
be between $250 million and $350 million. CBO estimates
that implementing the program would not have a
significant cost in the next few years, but could cost
about $75 million a year for 2008 and 2009, assuming
appropriation of the necessary amounts.
Middle East Broadcasting Network. Section 808 would
authorize the Broadcasting Board of Governors (BBG) to make
annual grants to a Middle East Broadcasting Network to provide
radio and television broadcasts to the Middle East region.
Under current law, Radio Sawa provides radio programming to the
Middle East, and the Middle East Television Network (MTN)
recently began television programming in the region. The BBG
plans to integrate Radio Sawa and MTN to form a single
broadcasting entity. Based on information from the BBG, CBO
assumes that the BBG would provide grants of $45 million to the
network in 2005 from amounts authorized in the bill. CBO
estimates that operating costs for continuing this radio and
television broadcasting network would be $52 million a year
over the 2006-2009 period, assuming the appropriation of the
necessary funds.
Education and Training Programs. Sections 612 and 613 would
establish new educational and cultural exchange programs and
expand existing ones. Section 803 would establish a new
fellowship program for multidisciplinary training on
nonproliferation issues. Section 814 would establish a new
training program to combat copyright infringement. The bill
would authorize the appropriation of $37 million for all of
these programs in 2005. CBO estimates that continuing these
programs would require an additional $157 million over the
2006-2009 period, or about $39 million a year over that period.
Global Pathogen Surveillance. Title XXIV would authorize a
program of global pathogen surveillance to assist in the
monitoring and response to bioterrorism and outbreaks of
infectious disease. The bill would earmark $35 million from the
amount authorized for Nonproliferation, Antiterrorism,
Demining, and Related Assistance (NADR) to fund these
activities. Specifically, it would authorize the Secretary of
State to:
Establish fellowships and training courses for
health personnel in developing countries;
Provide assistance for developing countries to
purchase and maintain laboratory equipment, information
technology, and communications equipment;
Assign public health personnel to U.S. overseas
missions and international organizations; to expand
U.S. government laboratories abroad; and
Establish and expand epidemiology training programs
and regional health networks in developing countries.
Middle East Foundation. Section 2225 would authorize the
Secretary to designate a nonprofit organization as the Middle
East Foundation and to fund the organization through grants.
The provision also would require the foundation to report to
the Congress on its activities by January 31, 2006, and every
year thereafter; thus establishing a long-term relationship
between the Department of State and the foundation. While the
provision is silent on the level of funding, last year in
Senate Report 108-56, the committee recommended an initial
funding of $15 million for the foundation. CBO assumes that
grants in 2005 totaling that amount would come from funds
authorized elsewhere in the bill, as requested by the
President, and funding would continue over the 2006-2009 period
at that rate adjusted for inflation, assuming the appropriation
of the necessary funds.
Hardship and Danger Pay Allowances. Section 305 would
increase the cap on hardship and danger pay allowances from 25
percent to 35 percent of basic pay for employees serving
overseas. The bill would authorize the appropriation of $8
million in 2005 only. Based on information from the Department
of State, CBO estimates implementing this section would cost
between $11 million and $12 million annually over the 2006-2009
period, assuming the appropriation of the necessary funds. The
increase in estimated costs from 2005 to 2006 is primarily due
to higher staffing levels expected at the new embassy in
Baghdad.
Radiological Terrorism Security. Title XXIII would
authorize assistance to reduce the threat to diplomatic
missions abroad from an attack using radioactive materials. In
particular, it would authorize assistance to foreign countries
to develop appropriate response plans and to train foreign
personnel who would be the first to respond to such an attack.
The bill would earmark $2 million from the amount authorized
elsewhere in the bill for NADR to fund these activities.
Indefinite Authorizations for Currency Fluctuations.
Section 103(c) would authorize such sums as may be necessary in
2005 to compensate for adverse fluctuations in exchange rates
that might affect contributions to international organizations.
Any funds appropriated for this purpose would be obligated and
expended subject to certification by OMB. Currency fluctuations
are extremely difficult to estimate in advance, and they could
result in spending either higher or lower than the amounts
specifically authorized in the bill for contributions to
international organizations and programs. Therefore, this
estimate includes no costs associated with currency
fluctuations.
Victims of Crime Office. Section 207 would create a Victims
of Crime Office within the Department of State and authorize
the department to provide services and financial assistance
from its emergency fund to U.S. nationals who become crime
victims overseas. The department is currently gathering
information on the number of such crime victims and their
needs. CBO cannot estimate the budgetary impact of this
provision given the uncertainties associated with estimating
how many individuals may be victimized and whether victims of
terrorist acts would also be covered under this provision.
United States Diplomacy Center. Section 212 would authorize
the Secretary of State to establish a United States Diplomacy
Center at the Harry S Truman Building in Washington, D.C.
According to the Department of State, the project is currently
in its design phase and is expected to open in 2007. The
department would provide the space, staff, and security for the
center, while the nonprofit Foreign Affairs Museum Council
would provide funding from private sources. CBO estimates
implementing this section would cost $1 million a year over the
2005-2009 period. The department has requested, and the bill
would provide, a specific authorization of appropriations for
$1 million in 2005 only.
Educational Expenses of Dependent Children. Section 302
would authorize payments for certain educational expenses of
dependent children of Foreign Service employees posted
overseas. Section 816 would allow the BBG to pay for the
educational expenses of certain dependents of employees in the
Commonwealth of the Northern Mariana Islands. Based on
information from the Department of State and the BBG, CBO
estimates implementing these provisions would cost about $1
million annually.
Edward R. Murrow Fellowship Program. Section 622 would
establish a new fellowship program at the BBG to allow 20
foreign national journalists each year to spend up to six
months working at the Voice of America, Radio Free Europe/Radio
Liberty, or Radio Free Asia. The BBG would pay the salaries,
living expenses, and travel costs of those journalists. Based
on information from the BBG, CBO estimates that implementing
this section would cost roughly $1 million a year.
Reporting Requirements. The bill includes several
provisions that would expand or introduce new reporting
requirements. Combined, these provisions would raise spending
subject to appropriation by about $1 million annually, CBO
estimates.
Miscellaneous Provisions. CBO estimates that several
sections of the bill would have an insignificant impact on
spending subject to appropriation:
Section 211 would authorize grants to promote
agricultural biotechnology;
Section 213 would authorize an educational program
for young Latin American professionals to promote
civilian control of government ministries with national
security functions;
Section 214 would extend the term of the Advisory
Committee on Cultural Diplomacy through 2007;
Section 301 would allow members of the Foreign
Service to be assigned for one year to the North
Atlantic Treaty Organization (NATO), the European Union
(EU), or one of the NATO or EU members;
Section 306 would allow the department to place
members of the Foreign Service indicted for a crime on
indefinite suspension without pay;
Section 307 would clarify the department's authority
to settle claims for back pay and other administrative
claims and grievances;
Section 312 would allow the department to pay a
housing allowance to 10 more employees of the U.S.
Mission to the United Nations in New York City;
Section 313 would allow the department to pay
members of the Senior Foreign Service (approximately
900 persons) based on individual performance. According
to the department, it has not yet decided how it would
implement such a system; and
Section 2212 would authorize appropriations for
educating children in Afghanistan about the dangers of
land mines.
Direct Spending and Revenues
CBO estimates that S. 2144 would raise direct spending by
less than $500,000 a year in 2005 and 2006, by $25 million over
the 2007-2009 period, and a total of about $25 million over the
2005-2014 period. The bill would also increase governmental
receipts (revenues) by less than $500,000 a year (see Table 3).
U.S. War Reserve Stockpile for Allies. Section 2208 would,
for a five-year period, authorize the President to transfer to
Israel obsolete or surplus defense articles in the U.S. War
Reserve Stockpile for Allies in Israel in return for
concessions to be negotiated by the Secretary of Defense. The
concessions may include cash, services, waiver of charges
otherwise payable by the United States, or other items of
value. Since articles may be transferred by sale under current
law, CBO estimates that the authority provided by the section
could be used to negotiate noncash concessions thereby lowering
offsetting receipts to the Department of Defense (DoD).
TABLE 3. ESTIMATED DIRECT SPENDING AND REVENUES IN S. 2144
(By fiscal year, in millions of dollars)
----------------------------------------------------------------------------------------------------------------
2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
----------------------------------------------------------------------------------------------------------------
Changes in Outlays 0 (*) (*) 5 10 10 (*) (*) (*) (*) (*)
Changes in Revenues 0 (*) (*) (*) (*) (*) (*) (*) (*) (*) (*)
----------------------------------------------------------------------------------------------------------------
Note: (*) = less than $500,000.
According to DoD, similar authority was not used for Israel
in the past, but certain missiles and other items are
approaching the end of their shelf life and are no longer kept
in the U.S. inventory, but could be transferred under the
authority of this section rather than returned to the U.S. for
disposal. Similar authority has been used for the stockpile in
Korea. If the authority provided in section 2208 were used to
the same extent as that for the stockpile in Korea, CBO
estimates that forgone receipts would total between $5 million
and $10 million a year over the 2007-2009 period.
Other Provisions. CBO estimates that several provisions in
the bill would affect direct spending and revenues by less than
$500,000 annually.
Sections 201 and 203 would raise governmental
receipts (revenues) by establishing new criminal
penalties that would be assessed against persons
interfering with the law enforcement and protective
functions of State Department special agents and
guards. CBO estimates that the increase in revenues
would not be significant in any year. Collections of
criminal fines are deposited in the Crime Victims Fund
and are later spent. CBO estimates that the criminal
penalties that would be established under the bill
would increase direct spending from the Crime Victims
Fund by less than $500,000 per year.
Section 205 would allow the Department of State to
seek and retain reimbursement for security provided by
special agents to the U.S. Olympic Team during the 2004
Summer Olympic Games in Athens, Greece. The department
plans to deploy about 150 special agents at an
estimated cost of about $5 million, but it is uncertain
how much of this cost would be recovered.
Section 206 would allow the State Department's
International Litigation Fund to retain awards of costs
and attorneys' fees as a result of a decision by an
international tribunal. Based on information from the
department, CBO estimates that it would collect and
spend less than $500,000 a year.
Section 212 would authorize the Secretary to provide
museum visitor and educational outreach services and to
sell, trade, or transfer documents and articles that
are displayed at the United States Diplomacy Center.
Any proceeds generated from these services or sales
would be retained and spent by the center, and CBO
estimates that this provision would have an
insignificant net effect on direct spending.
Several sections in title III of the bill would
amend retirement benefits for State Department
personnel. Section 303 would slightly broaden the
authority of the department to temporarily rehire
Foreign Service retirees without terminating their
pension benefits. Section 309 would establish a 60-day
deadline for the Office of Personnel Management to
issue regulations in accordance with a previously
enacted change in pension benefits for certain spouses
of Foreign Service workers. Section 310 would change
personnel review and termination procedures for each
Foreign Service class. CBO estimates that these three
provisions would have an insignificant effect on direct
spending.
Section 2106 would provide permanent authority to
extend for one year the availability of annual
appropriations for voluntary contributions to
international organizations. CBO estimates the section
would have no effect on outlays. Under most conditions,
CBO would score such language as a reappropriation in
2005 except that similar language is contained in the
foreign operations title of Public Law 108-199, the
Consolidated Appropriation Act, 2004. Under current
law, the fiscal year funds for 2004 covered by the
proposed legislation are available for obligation
through September 30, 2005. CBO also expects that the
effect of the provision on future appropriations would
be limited by general provisions of annual
appropriations acts.
Section 2207 would authorize the President to waive
the requirement that a foreign government pay to the
United States the net proceeds from the sale of any
military equipment it has received from the United
States on a grant basis. CBO estimates the forgone
receipts would not be significant.
Section 2240 would authorize the transfer of three
naval vessels to foreign countries. It would authorize
the sale of one vessel; the other two would be given
away. Because there is significant uncertainty as to
whether the vessel would be sold, CBO estimates that
enacting the provision would not affect offsetting
receipts.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
S. 2144 contains no intergovernmental or private-sector
mandates as defined in UMRA and would not affect the budgets of
state, local, or tribal governments.
PREVIOUS CBO ESTIMATES
On April 24, 2003, CBO transmitted a cost estimate for S.
925, the Foreign Relations Authorization Act, Fiscal Year 2004,
as ordered reported by the Senate Committee on Foreign
Relations on April 9, 2003. On June 9, 2003, CBO transmitted a
cost estimate for S. 1161, the Foreign Assistance Authorization
Act, Fiscal Year 2004, as reported by the Senate Committee on
Foreign Relations on May 29, 2003. While those two bills
authorized funding primarily for 2004, many of the same
provisions are contained in S. 2144, and their estimated costs
are similar.
Estimate prepared by:
Federal Costs--State Department: Sunita D'Monte. Peace
Corps and Foreign Aid: Joseph C. Whitehill. Foreign Service
Retirement: Geoffrey Gerhardt. Law Enforcement: Mark Grabowicz.
Impact on State, Local, and Tribal Governments: Melissa
Merrell.
Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by:
Peter H. Fontaine, Deputy Assistant Director for Budget
Analysis.
VII. Evaluation of Regulatory Impact
In accordance with rule XXVI, paragraph 11(b) of the
Standing Rules of the Senate, the committee has concluded that
there is no regulatory impact from this legislation.
VIII. Changes in Existing Law
In compliance with paragraph 12 of Rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman).
Foreign Assistance Act of 1961
PART I
CHAPTER 1--POLICY; DEVELOPMENT ASSISTANCE AUTHORIZATIONS
Sec. 102. Development Assistance Policy.--(a) * * *
* * * * * * *
(5) United States development assistance should focus
on critical problems in those functional sectors which
affect the lives of the majority of the people in the
developing countries; food production and nutrition;
rural development and generation of gainful employment;
population planning and health; environment and natural
resources; education, development administration, and
human resources [development; and] development; energy
development and production; democracy and the rule of
law; and economic growth and the building of trade
capacity.
* * * * * * *
(18) The United States development assistance program
should take maximum advantage of the increased
participation of United States private foundations,
business enterprises, and private citizens in funding
international development activities. The program
should utilize the development experience and expertise
of its personnel, its access to host-country officials,
and its overseas presence to facilitate public-private
alliances and to leverage private sector resources
toward the achievement of development assistance
objectives.
* * * * * * *
Sec. 103. Agricultural Development in Rural Areas--
[(a)(1)](a) In recognition of the fact that the great majority
of the people of developing countries live in rural areas and
are dependent on agriculture and agricultural-related pursuits
for their livelihood, the President is authorized to furnish
assistance, on such terms and conditions as he may determine,
for agriculture, rural development, and nutrition--
[(A)](1) to alleviate starvation, hunger, and
malnutrition;
[(B)](2) to expand significantly the provision of
basic services to rural poor people to enhance their
capacity for self-help; and
[(C)](3) to help create productive farm and off-farm
employment in rural areas to provide a more viable
economic base and enhance opportunities for improved
incomes, living standards, and contributions by rural
poor people to the economic and social development of
their countries.
[(2) There are authorized to be appropriated to the
President for purposes of this section, in addition to funds
otherwise available for such purposes, $760,000,000 for fiscal
year 1986 and $760,000,000 for fiscal year 1987. Of these
amounts, the President may use such amounts as he deems
appropriate to carry out the provisions of section 316 of the
International Security and Development Cooperation Act of 1980.
Amounts appropriated under this section are authorized to
remain available until expended.
[(3) Of the amounts authorized to be appropriated in
paragraph (2) for the fiscal year 1987, not less than
$2,000,000 shall be available only for the purpose of
controlling and eradicating amblyomma variegatum (heartwater)
in bovine animals in the Caribbean.]
* * * * * * *
Sec. 104. Population and Health.--(a) * * *
* * * * * * *
(c) Assistance for Health and Disease Prevention.--(1) * *
*
[(2)(A)](2) In carrying out the purposes of this
subsection, the President shall promote, encourage, and
undertake activities designed to deal directly with the special
health needs of children and mothers. Such activities should
utilize simple, available technologies which can significantly
reduce childhood mortality, such as improved and expanded
immunization programs, oral rehydration to combat diarrhoeal
diseases, and education programs aimed at improving nutrition
and sanitation and at promoting child spacing. In carrying out
this paragraph, guidance shall be sought from knowledgeable
health professionals from outside the agency primarily
responsible for administering subchapter I of this chapter. In
addition to government-to-government programs, activities
pursuant to this paragraph should include support for
appropriate activities of the types described in this paragraph
which are carried out by international organizations (which may
include international organizations receiving funds under part
III of this subchapter) and by private and voluntary
organizations, and should include encouragement to other donors
to support such types of activities.
[(B) In addition to amounts otherwise available for such
purpose, there are authorized to be appropriated to the
President $25,000,000 for fiscal year 1986 and $75,000,000 for
fiscal year 1987 for use in carrying out this paragraph.
Amounts appropriated under this subparagraph are authorized to
remain available until expended.
[(C) Appropriations pursuant to subparagraph (B) may be
referred to as the ``Child Survival Fund''.]
(3) The Congress recognizes that the promotion of primary
health care is a major objective of the foreign assistance
program. The Congress further recognizes that simple,
relatively low cost means already exist to reduce incidence of
communicable diseases among children, mothers, and infants. The
promotion of vaccines for immunization, and salts for oral
rehydration, therefore, is an essential feature of the health
assistance program. To this end, the Congress expects the
agency primarily responsible for administering subchapter I of
this chapter to set as a goal the protection of not less than
80 percent of all children, in those countries in which such
agency has established development programs, from immunizable
diseases by January 1, 1991. [Of the aggregate amounts made
available for fiscal year 1987 to carry out paragraph (2) of
this subsection (relating to the Child Survival Fund) and to
carry out subsection (c) of this section (relating to
development assistance for health), $50,000,000 shall be used
to carry out this paragraph.]
* * * * * * *
Sec. 105. Education and Human Resources Development.--In
order to reduce illiteracy, to extend basic education and to
increase manpower training in skills related to development,
the President is authorized to furnish assistance on such terms
and conditions as he may determine, for education, public
administration, and human resource development. [There are
authorized to be appropriated to the President for the purposes
of this section, in addition to funds otherwise available for
such purposes, $180,000,000 for fiscal year 1986 and
$180,000,000 for fiscal year 1987, which are authorized to
remain available until expended.]
* * * * * * *
Sec. 106. Development of Indigenous Energy Resources.--(a)
* * *
* * * * * * *
[(e)(1) There are authorized to be appropriated to the
President for purposes of this section, in addition to funds
otherwise available for such purposes, $207,000,000 for fiscal
year 1986 and $207,000,000 for fiscal year 1987.
[(2) Amounts appropriated under this section are authorized
to remain available until expended.
[(f) Of the amounts authorized to be appropriated to carry
out this part, $5,000,000 for fiscal year 1986 and $5,000,000
for fiscal year 1987 shall be used to finance cooperative
projects among the United States, Israel, and developing
countries.]
* * * * * * *
Sec. 108. Private Sector Revolving Fund.--(a) * * *
* * * * * * *
SEC. 108A. DEVELOPMENT CREDIT AUTHORITY.
(a) Findings.--Congress makes the following findings:
(1) Developing countries often have large reserves of
privately held capital that are not being adequately
mobilized and invested due to weak financial
institutions and other market imperfections in such
countries.
(2) Partial loan guarantees, particularly when used
as an integral part of a development strategy, are
useful to leverage local private capital for
development while reforming and strengthening
developing country financial markets.
(3) Requiring risk-sharing guarantees and limiting
guarantee assistance to private lenders encourages such
lenders to provide appropriate oversight and management
of development projects funded with loans made by such
lenders and, thereby, maximize the benefit which such
projects will achieve.
(b) Policy.--It is the policy of the United States to make
partial loan guarantees available to private lenders to fund
development projects in developing countries that encourage
such lenders to provide appropriate oversight and management of
such development projects.
(c) Authority.--To carry out the policy set forth in
subsection (b), the President is authorized to provide
assistance in the form of loans and partial loan guarantees to
private lenders in developing countries to achieve the economic
development purposes of the provisions of this part.
(d) Policies To Limit Financial Risk to the United States.--
(1) Priority for assistance.--The President, in
providing assistance under this section, shall give
priority to providing partial loan guarantees made
pursuant to the authority in subsection (c) that are
used in transactions in which the financial risk of
loss to the United States Government under such
guarantee does not exceed the financial risk of loss of
the private lender that receives such guarantee.
(2) Maximum exposure.--The investment or risk of the
United States in any one development project may not
exceed 70 percent of the total outstanding investment
or risk associated with such project.
(e) Terms and Conditions.--
(1) In general.--Assistance provided under this
section shall be provided on such terms and conditions
as the President determines appropriate.
(2) Maximum total amount of loans or guaranties per
borrower.--The principal amount of loans made or
guaranteed under this section in any fiscal year, with
respect to any single country or borrower, may not
exceed $100,000,000.
(f) Obligations of the United States.--A partial loan
guarantee made under subsection (c) shall constitute an
obligation, in accordance with the terms of such guarantee, of
the United States of America and the full faith and credit of
the United States of America is pledged for the full payment
and performance of such obligation.
(g) Procurement Provisions.--Assistance may be provided under
this section notwithstanding section 604(a).
(h) Development Credit Authority Program Account.--There is
established on the books of the Treasury an account known as
the Development Credit Authority Program Account. There shall
be deposited into the account all amounts made available for
providing assistance under this section, other than amounts
made available for administrative expenses to carry out this
section. Amounts in the Account shall be available to provide
assistance under this section.
(i) Availability of Funds.--
(1) In general.--Of the amounts authorized to be
available for the purposes of part I of this Act and
for the Support for Eastern European Democracy (SEED)
Act of 1989 (22 U.S.C. 5401 et seq.), not more than
$21,000,000 for fiscal year 2005 may be made available
to carry out this section.
(2) Transfer of funds.--Amounts made available under
paragraph (1) may be transferred to the Development
Credit Authority Program Account established by
subsection (h).
(3) Subsidy cost.--Amounts made available under
paragraph (1) shall be available for the subsidy cost,
as defined in section 502(5) of the Federal Reform
Credit Act of 1990 (2 U.S.C. 661a(5)), of activities
under this section.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated for administrative expenses to carry out
this section $8,000,000 for fiscal year 2005.
(2) Transfer of funds.--The amounts appropriated for
administrative expenses under paragraph (1) may be
transferred to and merged with amounts made available
under section 667(a).
(k) Availability.--Amounts appropriated or made available
under this section are authorized to remain available until
expended.
* * * * * * *
Sec. 123. Private and Voluntary Organizations and
Cooperatives in Overseas Development.--(a) * * *
* * * * * * *
[(e) Prohibitions on assistance to countries contained in
this or any other Act shall not be construed to prohibit
assistance by the agency primarily responsible for
administering this part in support of programs of private and
voluntary organizations and cooperatives already being
supported prior to the date such prohibition becomes
applicable. The President shall take into consideration, in any
case in which statutory prohibitions on assistance would be
applicable but for this subsection, whether continuation of
support for such programs is in the national interest of the
United States. If the President continues such support after
such date, he shall prepare and transmit, not later than one
year after such date, to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate a report setting forth the reasons for
such continuation.]
(e)(1) Restrictions contained in this or any other Act with
respect to assistance for a country shall not be construed to
restrict assistance in support of programs of nongovernmental
organizations from--
(A) funds made available to carry out this chapter
and chapters 10, 11, and 12 of part I and chapter 4 of
part II; or
(B) funds made available for economic assistance
activities under the Support for East European
Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.).
(2) The President shall submit to Congress, in accordance
with section 634A, advance notice of an intent to obligate
funds under the authority of this subsection to furnish
assistance in support of programs of nongovernmental
organizations.
(3) Assistance may not be furnished through nongovernmental
organizations to the central government of a country under the
authority of this subsection, but assistance may be furnished
to local, district, or subnational government entities under
such authority.
* * * * * * *
SEC. 129. PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO FOREIGN
GOVERNMENTS AND FOREIGN CENTRAL BANKS OF DEVELOPING
OR TRANSITIONAL COUNTRIES.
(a) Establishment of Program.-- * * *
* * * * * * *
(j) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section [$5,000,000 for fiscal year 1999]
$17,500,000 for fiscal year 2005.
* * * * * * *
CHAPTER 3--INTERNATIONAL ORGANIZATIONS AND PROGRAMS
[Sec. 302. Authorization.--(a)(1) There are authorized to
be appropriated to the President $270,000,000 for fiscal year
1986 and $236,084,000 for fiscal year 1987 for grants to carry
out the purposes of this part, in addition to funds available
under other Acts for such purposes. Of the amount appropriated
for each of the fiscal years 1986 and 1987 pursuant to these
authorizations--
[(A) 59.65 percent shall be for the United Nations
Development Program;
[(B) 19.30 percent shall be for the United Nations
Children's Fund;
[(C) 7.20 percent shall be for the International
Atomic Energy Agency, except that these funds may be
contributed to that Agency only if the Secretary of
State determines (and so reports to the Congress) that
Israel is not being denied its right to participate in
the activities of that Agency;
[(D) 5.44 percent shall be for Organization of
American States development assistance programs;
[(E) 3.51 percent shall be for the United Nations
Environment Program;
[(F) 0.70 percent shall be for the World
Meteorological Organization;
[(G) 0.70 percent shall be for the United Nations
Capital Development Fund;
[(H) 0.35 percent shall be for the United Nations
Education and Training Program for Southern Africa;
[(I) 0.18 percent shall be for the United Nations
Voluntary Fund for the Decade for Women;
[(J) 0.07 percent shall be for the Convention on
International Trade in Endangered Species;
[(K) 0.70 percent shall be for the World Food
Program;
[(L) 0.18 percent shall be for the United Nations
Institute for Namibia;
[(M) 0.12 percent shall be for the United Nations
Trust Fund for South Africa;
[(N) 0.04 percent shall be for the United Nations
Voluntary Fund for Victims of Torture;
[(O) 0.07 percent shall be for the United Nations
Industrial Development Organization;
[(P) 0.55 percent shall be for the United Nations
Development Program Trust Fund to Combat Poverty and
Hunger in Africa;
[(Q) 0.97 percent shall be for contributions to
international conventions and scientific organizations;
[(R) 0.18 percent for the United Nations Centre on
Human Settlements (Habitat); and
[(S) 0.09 percent shall be for the World Heritage
Fund.
[(2) The Congress reaffirms its support for the work of the
Inter-American Commission on Human Rights. To permit such
Commission to better fulfill its function of insuring
observance and respect for human rights within this hemisphere,
not less than $357,000 of the amount appropriated for fiscal
year 1976 and $358,000 of the amount appropriated for fiscal
year 1977, for contributions to the Organization of American
States, shall be used only for budgetary support for the Inter-
American Commission on Human Rights.
[(b)(1) There is authorized to be appropriated to the
President for loans for Indus Basin Development to carry out
the purposes of this section, in addition to funds available
under this chapter or any other Act for such purposes, for use
beginning in the fiscal year 1969, $61,220,000. Such amounts
are authorized to remain available until expended.
[(2) There is authorized to be appropriated to the
President for grants for Indus Basin Development, in addition
to any other funds available for such purposes, for use in the
fiscal year 1974, $14,500,000, and for use in the fiscal year
1975, $14,500,000, and for use beginning in the fiscal year
1976, $27,000,000, which amounts shall remain available until
expended. The President shall not exercise any special
authority granted to him under section 2360(a) or 2364(a) of
this title to transfer any amount appropriated under this
paragraph to, and to consolidate such amount with, any funds
made available under any other provision of this chapter.
[(c) None of the funds available to carry out this part
shall be contributed to any international organization or to
any foreign government or agency thereof to pay the costs of
developing or operating any volunteer program of such
organization, government, or agency relating to the selection,
training, and programing of volunteer manpower.
[(d) to (h) Repealed. Pub. L. 95-424, title VI, Sec. 604,
Oct. 6, 1978, 92 Stat. 961
[(i) In addition to amounts otherwise available under this
section, there are authorized to be appropriated for fiscal
year 1976 $1,000,000 and for fiscal year 1977 $2,000,000 to be
available only for the International Atomic Energy Agency to be
used for the purpose of strengthening safeguards and
inspections relating to nuclear fissile facilities and
materials. Amounts appropriated under this subsection are
authorized to remain available until expended.
[(j) In addition to amounts otherwise available under this
section for such purposes, there are authorized to be
appropriated to the President $3,000,000 for fiscal year 1989
to be available only for United States contributions to
multilateral and regional drug abuse control programs. Of the
amount authorized to be appropriated by this subsection--
[(1) $2,000,000 shall be for a United States
contribution to the United Nations Fund for Drug Abuse
Control;
[(2) $600,000 shall be for the Organization of
American States (OAS) Inter-American Drug Abuse Control
Commission (CICAD) Legal Development Project, except
that the proportion which such amount bears to the
total amount of contributions to this specific project
may not exceed the proportion which the United States
contribution to the budget of the Organization of
American States for that fiscal year bears to the total
contributions to the budget of the Organization of
American States for that fiscal year; and
[(3) $400,000 shall be for the Organization of
American States (OAS) Inter-American Drug Abuse Control
Commission (CICAD) Law Enforcement Training Project,
except that the proportion which such amount bears to
the total amount of contributions to this specific
project may not exceed the proportion which the United
States contribution to the budget of the Organization
of American States for that fiscal year bears to the
total contributions to the budget of the Organization
of American States for that fiscal year.]
(a) Authorization of Appropriation.--There is authorized to
be appropriated to the President $304,450,000 for fiscal year
2005 for grants to carry out the purposes of this chapter.
Amounts appropriated pursuant to the authorization of
appropriations in this section are in addition to amounts
otherwise available for such purposes.
[(k)](b) In addition to amounts otherwise available under
this section, there is authorized to be appropriated to the
President such sums as may be necessary for each of the fiscal
years 2004 through 2008 to be available only for United States
contributions to the Vaccine Fund.
[(l)](c) In addition to amounts otherwise available under
this section, there is authorized to be appropriated to the
President such sums as may be necessary for each of the fiscal
years 2004 through 2008 to be available only for United States
contributions to the International AIDS Vaccine Initiative.
[(m)](d) In addition to amounts otherwise available under
this section, there are authorized to be appropriated to the
President such sums as may be necessary for each of the fiscal
years 2004 through 2008 to be available for United States
contributions to malaria vaccine development programs,
including the Malaria Vaccine Initiative of the Program for
Appropriate Technologies in Health (PATH).
* * * * * * *
Sec. 307. Withholding of United States Proportionate Share
for Certain Programs of International Organizations.--(a)* * *
* * * * * * *
(e) Funds available in any fiscal year to carry out the
provisions of this chapter that are returned or not made
available for organizations and programs because of the
application of this section shall remain available for
obligation until September 30 of the fiscal year after the
fiscal year for which such funds are appropriated.
* * * * * * *
CHAPTER 5--CONTINGENCIES
Sec. 451. Contingencies.--(a)(1) Notwithstanding any other
provision of law, the President is authorized to use funds made
available to carry out any provision of this Act (other than
the provisions of chapter 1 of this part or the Arms Export
Control Act) in order to provide, for any unanticipated
contingencies, assistance authorized by this part in accordance
with the provisions applicable to the furnishing of such
assistance, except that the authority of this subsection may
not be used to authorize the use of more than [$25,000,000]
$50,000,000 during any fiscal year.
* * * * * * *
CHAPTER 8--INTERNATIONAL NARCOTICS CONTROL
SEC. 481. POLICY, GENERAL AUTHORITIES, COORDINATION, FOREIGN POLICE
ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.
* * * * * * *
Sec. 482. Authorization.--(a)(1) To carry out the purposes
of section 481, there are authorized to be appropriated to the
President [$147,783,000 for fiscal year 1993 and $717,500,000
for fiscal year 1994] $1,089,820,000 for fiscal year 2005, of
which $731,000,000 is authorized to be appropriated for the
Andean Counterdrug Initiative.
(2) Amounts appropriated under this subsection are
suthorized to remain available until expended.
(3) Notwithstanding any other provision of law, amounts
authorized to be appropriated to carry out the purposes of
section 481 for fiscal year 2005, and amounts appropriated for
fiscal years before fiscal year 2005 for purposes of such
section that remain available for obligation, may be used to
furnish assistance to the Government of Colombia--
(A) to support a unified campaign against narcotics
trafficking and terrorist activities; and
(B) to take actions to protect human health and
welfare in emergency circumstances, including
undertaking rescue operations.
(4) Assistance furnished to the Government of Colombia under
this section--
(A) shall be subject to the limitations on the
assignment of United States personnel in Colombia under
subsections (b) through (d) of section 3204 of the
Emergency Supplemental Act, 2000 (division B of Public
Law 106-246; 114 Stat. 576);
(B) shall be subject to the condition that no United
States Armed Forces personnel and no employees of
United States contractors participate in any combat
operation in connection with such assistance; and
(C) shall be subject to the condition that the
Government of Colombia is fulfilling its commitment to
the United States with respect to its human rights
practices, including the specific conditions set forth
in subparagraphs (A) through (E) of section 563(a)(2)
of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2004 (division D
of Public Law 108-199).
* * * * * * *
[(g) Excess Property.--For] (g) Excess Property._
(1) Authority._For purposes of this chapter, the
Secretary of State may use the authority of section
608, without regard to the restrictions of such
section, to receive [nonlethal] excess property
(including lethal or nonlethal property) from any
agency of the United States Government for the purpose
of providing such property to a foreign government
under the same terms and conditions as funds authorized
to be appropriated for the purposes of this chapter.
(2) Notification.--Before obligating any funds to
obtain lethal excess property under paragraph (1), the
Secretary shall submit a notification of such action to
Congress in accordance with the procedures set forth in
section 634A.
* * * * * * *
Sec. 491. Policy and General Authority.--(a) The Congress,
recognizing that prompt United States assistance to alleviate
human suffering caused by natural and [manmade disasters]
manmade disasters, including famine, is an important expression
of the humanitarian concern and tradition of the people of the
United States, affirms the willingness of the United States to
provide assistance for the relief and rehabilitation of people
and countries affected by such [disasters.] disasters and for
programs of reconstruction fllowing such disasters.
(b) Subject to the limitations in section 492, and
notwithstanding any other provision of this or any other Act,
the President is authorized to furnish assistance to any
foreign country, international organization, or private
voluntary organization, on such terms and conditions as he may
determine, for international disaster relief and
rehabilitation, including assistance relating to disaster
preparedness, programs of reconstruction following disasters,
and to the prediction of, and contingency planning for, natural
disasters abroad.
(c) In carrying out the provisions of this section the
President shall insure that the assistance provided by the
United States shall, to the greatest extent possible, reach
those most in need of [relief and rehabilitation] relief,
rehabilitation, and reconstruction assistance as a result of
natural and manmade [disasters.] disasters, including famine.
* * * * * * *
Sec. 492. Authorization.--(a) There are authorized to be
appropriated to the President to carry out section 491,
[$25,000,000 for the fiscal year 1986 and $25,000,000 for the
fiscal year 1987] $385,500,000 for fiscal year 2005. Amounts
appropriated under this section are authorized to remain
available until expended.
* * * * * * *
[Sec. 494. Disaster Relief Assistance.--There is authorized
to be appropriated, in addition to other sums available for
such purposes, $65,000,000 for use by the President for
disaster relief and emergency recovery needs in Pakistan, and
Nicaragua, under such terms and conditions as he may determine,
such sums to remai available until expended.]
SEC. 494. TRANSITION AND DEVELOPMENT ASSISTANCE.
(a) Transition and Development Assistance.--The President is
authorized to furnish assistance to support the transition to
democracy and to long-term development in accordance with the
general authority contained in section 491, including
assistance to--
(1) develop, strengthen, or preserve democratic
institutions and processes;
(2) revitalize basic infrastructure; and
(3) foster the peaceful resolution of conflict.
(b) Authorization of Appropriations.--There is authorized to
be appropriated to the President $62,800,000 for fiscal year
2005 to carry out this section.
(c) Availability.--Amounts appropriated under this section
for the purpose specified in subsection (b)--
(1) are authorized to remain available until
expended; and
(2) are in addition to amounts otherwise available to
carry out this section.
* * * * * * *
Sections 495 through 495K of the Foreign Assistance Act of
1961 (22 U.S.C. 2292f through 2292q) are repealed.
* * * * * * *
Sec. 497.--[Authorizations of Appropriations for the
Development Fund for Africa.--] Availability of Funds._ * * *
* * * * * * *
CHAPTER 11--SUPPORT FOR THE ECONOMIC AND DEMOCRATIC DEVELOPMENT OF THE
INDEPENDENT STATES OF THE FORMER SOVIET UNION
* * * * * * *
SEC 498B. AUTHORITIES RELATING TO ASSISTANCE AND OTHER PROVISIONS.
(a) * * *
* * * * * * *
(j) Waiver of Certain Provisions.--
(1) In general.--Funds [authorized to be appropriated
for fiscal year 1993 by] made available to carry out
this chapter, and any other funds [appropriated for
fiscal year 1993] that are used under the authority of
subsection (f) or (g), may be used to provide
assistance under this chapter notwithstanding any other
provision of law, except for--
(A) * * *
* * * * * * *
SEC. 498C. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.-- * * *
(b) Operating Expenses.--
(1) Authority to transfer program funds.--Subject to
paragraph (2), funds made available [under subsection
(a)] to carry out this chapter may be transferred to,
and merged with, funds appropriated for ``Operating
Expenses of the Agency for International Development''.
Funds so transferred may be expended for administrative
costs in carrying out this chapter, including
reimbursement of the Department of State for its
incremental costs associated with assistance provided
under this chapter.
(2) Limitation on amount transferred.--Not more that
2 percent of the funds made available for a fiscal year
[under subsection (a)] to carry out this chapter may be
transferred pursuant to paragraph (1) unless, at least
15 days before transferring any additional amount, the
President notifies the appropriate congressional
committees in accordance with the procedures applicable
to re-programming notifications under section 634A of
this Act.
* * * * * * *
PART II
CHAPTER 1--POLICY
* * * * * * *
Sec. 505. Conditions of Eligibility.--(a) * * *
* * * * * * *
(f) Effective July 1, 1974, no defense article shall be
furnished to any country on a grant basis unless such country
shall have agreed that the net proceeds of sale received by
such country in disposing of any weapon, weapons system,
munition, aircraft, military boat, military vessel, or other
implement of war received under this chapter will be paid to
the United States Government and shall be available to pay all
official costs of the United States Government payable in the
currency of that country, including all costs relating to the
financing of international educational and cultural exchange
activities in which that country participates under the
programs authorized by the Mutual Educational and Cultural
Exchange Act of 1961. [In the case of items which were
delivered prior to 1985, the] The President may waive the
requirement that such net proceeds be paid to the United States
Government if he determines that to do so is in the national
interest of the United States.
* * * * * * *
Sec. 514. Stockpiling of Defense Articles for Foreign
Countries.--(a) * * *
(b)(1) The value of defense articles to be set aside,
earmarked, reserved, or intended for use as war reserve stocks
for allied or other foreign countries (other than for purposes
of the North Atlantic Treaty Organization or in the
implementation of agreements with Israel) in stockpiles located
in foreign countries may not exceed in any fiscal year an
amount that is specified in security assistance authorizing
legislation for that fiscal year.
(2)(A) The value of such additions to stockpiles of
defense articles in foreign countries shall not exceed
$100,000,000 [for fiscal year 2003] for each of fiscal
years 2004 and 2005.
(B) Of the amount specified in subparagraph (A) [for
fiscal year 2003] for a fiscal year, not more than
$100,000,000 may be made available for stockpiles in
the State of Israel.
* * * * * * *
Sec. 532. Authorizations of Appropriations.--[(a) There are
authorized to be appropriated to the President to carry out the
purposes of this chapter)]3(a) There is authorized to be
appropriated to the President to carry out the purposes of this
chapter $2,520,000,000 for fiscal year 2005.
[(1) $2,015,000,000 for the fiscal year 1986 and
$2,015,000,000 for the fiscal year 1987 for the
following countries signing the Camp David agreement:
Israel and Egypt; and
[(2) $1,785,000,000 for the fiscal 1986 and
$1,785,000,000 for the fiscal year 1987 for assistance
under this chapter for recipients or purposes other
than the countries referred to in paragraph.]
* * * * * * *
Sec. 534. Administration of Justice.--(a) The President may
furnish assistance under this part to countries and
organizations, including national and regional institutions, in
order to strengthen the administration of justice [in countries
in Latin America and the Caribbean].
(b) Assistance under this section may only include--
(1) * * *
* * * * * * *
(3) notwithstanding section 2420 of this title--
(A) * * *
* * * * * * *
(C) programs to improve the administrative
and management capabilities of law enforcement
agencies, especially their capabilities
relating to career development, personnel
evaluation, and internal discipline
[procedures; and] procedures;
(D) programs, conducted through multilateral
or regional institutions, to improve penal
institutions and the rehabilitation of
offenders; and
(E) programs to enhance the protection of
participants in judicial cases;
* * * * * * *
[(c) Not more than $20,000,000 of the funds made available
to carry out this part for any fiscal year shall be available
to carry out this section, in addition to amounts otherwise
available for such purposes.]
[(d)](c) Funds may not be obligated for assistance under
this section unless the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate are notified of the amount and nature of the
proposed assistance at least 15 days in advance in accordance
with the procedures applicable to reprogrammings pursuant to
section 634A of this title.
[(e)](d) Personnel of the Department of Defense and members
of the United States Armed Forces may not participate in the
provision of training under this section. [Of the funds made
available to carry out this section, not more than $10,000,000
may be made available in fiscal year 1991 to carry out the
provisions of subsection (b)(3) of this section. The authority
of this section shall expire on September 30, 1991.]
* * * * * * *
Sec. 542. Authorization.--[There are authorized to
appropriated to the President to carry out the purposes of this
chapter $56,221,000 for fiscal year 1986 and $56,221,000 for
the fiscal year 1987] There is authorized to be appropriated to
the President to carry out the purposes of this chapter
$89,730,000 for the fiscal year 2005.
* * * * * * *
CHAPTER 6--PEACEKEEPING OPERATIONS
Sec. 551. General Authority.--The President is authorized
to furnish assistance to friendly countries and international
organizations, on such terms and conditions as he may
determine, for peacekeeping operations and other programs
carried out in furtherance of the national security interests
of the United States. [Such assistance may include
reimbursement]
(1) Reimbursements to the Department of Defense for
expenses incurred pursuant to section 7 of the United
Nations Participation Act of 1945, except that such
reimbursements may not exceed $5,000,000 in any fiscal
year unless a greater amount is specifically authorized
by this section.
(2) Demining activities, clearance of unexploded
ordnance, destruction fo small arms, and related
activities, notwithstanding any other provision of law.
* * * * * * *
Sec. 552. Authorization of Appropriations.--(a) [There are
authorized to appropriated to the President to carry out the
purposes of this chapter, in addition to amounts otherwise
available for such purposes, $37,000,000 for the fiscal year
1986 and $37,000,000 for the fiscal year 1987] There is
authorized to be appropriated to the President to carry out the
purposes of this chapter, in addition to amounts otherwise
available for such purposes, $104,000,000 for the fiscal year
2005.
* * * * * * *
Sec 614. Special Authorities.--
(a) Furnishing of assistance and arms export sales,
credits, and guaranties upon determination and notification of
Congress of importance and vitality of such action to security
interests and national security interests of United States;
policy justification; fiscal year limitations; transfers
between accounts.
[(1) The President may authorize the furnishing of
assistance under this Act without regard to any
provision of this Act, the Arms Export Control Act, any
law relating to receipts and credits accruing to the
United States, and any Act authorizing or appropriating
funds for use under this Act, in furtherance of any of
the purposes of this Act, when the President
determines, and so notifies in writing the Speaker of
the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate, that to
do so is important to the security interests of the
United States.
[(2) The President may make sales, extend credit, and
issue guaranties under the Arms Export Control Act,
without regard to any provision of this Act, the Arms
Export Control Act, any law relating to receipts and
credits accruing to the United States, and any Act
authorizing or appropriating funds for use under the
Arms Export Control Act, in furtherance of any of the
purposes of such Act, when the President determines,
and so notifies in writing the Speaker of the House of
Representatives and the chairman of the Committee on
Foreign Relations of the Senate, that to do so is vital
to the national security interests of the United
States.]
(1) The President may authorize any assistance, sale,
or other action under this Act, the Arms Export Control
Act (22 U.S.C. 2751 et seq.), or any other law that
authorizes the furnishing of foreign assistance or the
appropriation of funds for foreign assistance, without
regard to any of the provisions described in subsection
(b) if the President determines, and notifies the
Committees on Foreign Relations and Appropriations of
the Senate and the Committees on International
Relations and Appropriations of the House of
Representatives in writing--
(A) with respect to assistance or other
actions under chapter 2 or 5 of part II of this
Act, or sales or other actions under the Arms
Export Control Act, that to do so is vital to
the national security interests of the United
States; and
(B) with respect to other assistance or
actions, that to do so is important to the
security interests of the United States.
[(3)](2) Before exercising the authority granted in
this subsection, the President shall consult with, and
shall provide a written policy justification to, the
Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
[(4)](3)(A) The authority of this subsection may not
be used in any fiscal year to authorize--
(i) more than $750,000,000 in sales to be
made under the Arms Export Control Act;
(ii) the use of more than $250,000,000 of
funds made available for use under this Act or
the Arms Export Control Act; and(iii) the use
of more than $100,000,000 of foreign currencies
accruing under this Act or any other law.
(B) If the authority of this subsection is used both
to authorize a sale under the Arms Export Control Act
and to authorize funds to be used under the Arms Export
Control Act or under this Act with respect to the
financing of that sale, then the use of the funds shall
be counted against the limitation in subparagraph
(A)(ii) and the portion, if any, of the sale which is
not so financed shall be counted against the limitation
in subparagraph (A)(i).
(C) Not more than $50,000,000 of the $250,000,000
limitation provided in subparagraph (A)(ii) may be
allocated to any one country in any fiscal year unless
that country is a victim of active aggression, and not
more than $500,000,000 of the aggregate limitation of
$1,000,000,000 provided in subparagraphs (A)(i) and
(A)(ii) may be allocated to any one country in any
fiscal year.
[(5)](4) The authority of this section may not be
used to waive the limitations on transfers contained in
section 610(a) of this Act [22 USCS 2360(a)].
[(b) United States obligations in West Germany. Whenever
the President determines it to be important to the national
interest, he may use funds available for the purposes of
chapter 4 of part I in order to meet the responsibilities or
objectives of the United States in Germany, including West
Berlin, and without regard to such provisions of law as he
determines should be disregarded to achieve this purpose.
[(c) Certification by President of inadvisability to
specify nature of use of funds; reports to Congress. The
President is authorized to use amounts not to exceed
$50,000,000 of the funds made available under this Act pursuant
to his certification that it is inadvisable to specify the
nature of the use of such funds, which certification shall be
deemed to be a sufficient voucher for such amounts. The
President shall fully inform the chairman and ranking minority
member of the Committee on Foreign Affairs of the House of
Representatives and the chairman and ranking minority member of
the Committee on Foreign Relations of the Senate of each use of
funds under this subsection prior to the use of such funds.]
(b) Inapplicable or Waivable Laws.--The provisions referred
to in paragraphs (1) and (2) of subsection (a) are those set
forth in any of the following:
(1) Any provision of this Act.
(2) Any provision of the Arms Export Control Act (22
U.S.C. 2751 et seq.).
(3) Any provision of law that authorizes the
furnishing of foreign assistance or appropriates funds
for foreign assistance.
(4) Any other provision of law that restricts
assistance, sales or leases, or other action under a
provision of law referred to in paragraph (1), (2), or
(3).
(5) Any provision of law that relates to receipts and
credits accruing to the United States.
* * * * * * *
Sec. 620. Prohibitions Against Furnishing Assistance.--(a)
* * * * * * *
(l) * * *
(m)(1) No assistance may be furnished under this Act or the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
government of a country if the duly elected head of government
for such country is deposed by decree or military coup. The
prohibition in the preceding sentence shall cease to apply to a
country if the President determines and certifies to the
Committee on Foreign Relations of the Senate and the Committee
on International Relations of the House of Representatives that
after the termination of assistance a democratically elected
government for such country has taken office.
(2) Paragraph (1) does not apply to assistance to promote
democratic elections or public participation in democratic
processes.
(3) The President may waive the application of paragraph (1),
and any comparable provision of law, to a country upon
determining that it is important to the national security
interest of the United States to do so.
* * * * * * *
(q) No assistance shall be furnished under this Act to [any
country] the government of any country which is in default,
during a period in excess of [six calendar months] one year, in
payment to the United States of principal or interest on any
loan made to [such country] such government under this Act,
unless [such country] such government meets its obligations
under the loan or unless the President determines that
assistance to [such country] such government is in the national
interest and notifies the Speaker of the House of
Representatives and the Committee on Foreign Relations of the
Senate of such determination.
* * * * * * *
Sec. 624. Statutory Officers.--(a) * * *
* * * * * * *
(c) * * *
(d) Whenever the President submits to the Senate a nomination
of an individual for appointment to a position authorized under
subsection (a), the President shall designate the particular
position in the agency for which the individual is nominated.
* * * * * * *
Sec 634A. Notification of Program Changes.--(a) * * *
(b) The notification requirement of this section does not
apply to the reprogramming--
(1) of funds to be used for an activity, program, or
project under chapter 1 of part I (22 USC 2151 et seq.)
if the amounts to be obligated for that activity,
program, or project for that fiscal year do not exceed
by more than 10 percent the amount justified to the
Congress for that activity, program, or project for
that fiscal year; [or]
(2) of less than $25,000 to be used under chapter 8
of part I (22 USC 2291 et seq.), or under chapter 5 of
part II (22 USC 2347 et seq.), for a country for which
a program under that chapter (22 USC 2347 et seq.) for
that fiscal year was justified to the Congress[.] ;
(3) of funds if the advance notification would pose a
substantial risk to human health or welfare, but such
notification shall be provided to the committees of
Congress named in subsection (a) not later than 3 days
after the action is taken; or
(4) of funds made available under section 23 of the
Arms Export Control Act (22 U.S.C. 2763) for the
provision of major defense equipment (other than
conventional ammunition), aircraft, ships, missiles, or
combat vehicles in quantities not in excess of 20
percent of the quantities previously justified under
section 25 of such Act (22 U.S.C. 2765).
* * * * * * *
Sec. 635. General Authorities.--(a) * * *
* * * * * * *
(h) A contract or agreement which entails commitments for
the expenditure of funds [available under chapter 1 (22 USC
2151 et seq.) (except development loans) and title II of
chapter 2 of part I (22 USC 2171 et seq.) and under part II
may,] made available under the Act may, subject to any future
action of the Congress, extend at any time for not more than
five years.
[(i) Settlement and arbitration of claims arising under
investment guaranty operations. Claims arising as a result of
investment guaranty operations may be settled, and disputes
arising as a result thereof may be arbitrated with the consent
of the parties, on such terms and conditions as the President
may direct. Payment made pursuant to any such settlement, or as
a result of arbitration award, shall be final and conclusive
notwithstanding any other provision of law.]
(i) Notwithstanding any other provision of law, claims
arising as a result of operations under this Act may be settled
(including by use of alternative dispute resolution procedures)
or arbitrated with the consent of the parties. Payment made
pursuant to any such settlement or arbitration shall be final
and conclusive.
* * * * * * *
636. Availability of Funds.--(a) * * *
(1) * * *
* * * * * * *
(3) contracting with individuals for personal
services [abroad]: Provided, That such individuals
shall not be regarded as employees of the United States
Government for the purpose of any law administered by
the [Civil Service Commission] Office of Personnel
Management;
(4) * * *
[(5) purchase and hire of passenger motor vehicles:
Provided, That, except as may otherwise be provided in
an appropriation or other Act, passenger motor vehicles
for administrative purposes outside the United States
may be purchased for replacement only, and such
vehicles may be exchanged or sold and replaced by an
equal number of such vehicles, and the cost, including
exchange allowance, of each such replacement shall not
exceed the current market price in the United States of
a mid-sized sedan or station wagon meeting the
requirements established by the General Services
Administration for a Class III vehicle of United States
manufacture (or, if the replacement vehicle is a right-
hand drive vehicle, 120 percent of that price) in the
case of an automobile for the chief of any special
mission or staff outside the United States established
under section 631 (22 USC 2391): Provided further, That
passenger motor vehicles, other than one for the
official use of the head of the agency primarily
responsible for administering part I, may be purchased
for use in the United States only as may be
specifically provided in an appropriation or other
Act;]
(5) purchase and hire of passenger motor vehicles;
* * * * * * *
(10) rent or lease outside the United States [for not
to exceed ten years] of offices, buildings, grounds,
and quarters, including living quarters to house
personnel, and payments therefor in advance;
maintenance, furnishings, necessary repairs,
improvements, and alterations to properties owned or
rented by the United States Government or made
available for use to the United States Government
outside the United States; and costs of fuel, water,
and utilities for such properties;
* * * * * * *
(c) Notwithstanding any other law, [not to exceed
$6,000,000 of the] funds available for assistance under this
Act may be used in any fiscal year (in addition to funds
available for such use under other authorities in this Act) to
construct or otherwise acquire outside the United States (1)
essential living quarters, office space, and necessary
supporting facilities for use of personnel carrying out
activities authorized by this Act, and (2) schools (including
dormitories and boarding facilities) and hospitals for use of
personnel carrying out activities authorized by this Act,
United States Government personnel, and their dependents. In
addition, funds made available for assistance under this Act
may be used, notwithstanding any other law, to equip, staff,
operate, and maintain such schools and hospitals.
(d) [Not to exceed $2,500,000 of funds] Funds available for
assistance under this Act may be used in any fiscal year to
provide assistance, on such terms and conditions as are deemed
appropriate, to schools established, or to be established,
outside the United States whenever it is determined that such
action would be more economical or would best serve the
interests of the United States in providing for the education
of dependents of personnel carrying out activities authorized
by this Act and dependents of United States Government
personnel, in lieu of acquisition or construction pursuant to
subsection (c) of this section.
* * * * * * *
SEC. 655. ANNUAL MILITARY ASSISTANCE REPORT.
(a) Report required. * * *
* * * * * * *
[(c) Availability on Internet.--All unclassified portions
of such report shall be made available to the public on the
Internet through the Department of State.]
(c) Availability of Report Information on the Internet.--
(1) Requirement for database.--The Secretary of
State, in consultation with the Secretary of Defense,
shall make available to the public the unclassified
portion of each such report in the form of a database
that is available via the Internet and that may be
searched by various criteria.
(2) Schedule for updating.--Not later than April 1 of
each year, the Secretary of State shall make available
in the database the information contained in the annual
report for the fiscal year ending the previous
September 30.
* * * * * * *
SEC. 656. ANNUAL FOREIGN MILITARY TRAINING REPORT.
(a) Annual Report.
(1) In general. Not later than [January 31] March 1
of each year, the Secretary of Defense and the
Secretary of State shall jointly prepare and submit to
the appropriate congressional committees a report on
all military training provided to foreign military
personnel by the Department of Defense and the
Department of State during the previous fiscal year and
all such training proposed for the current fiscal year.
* * * * * * *
Sec. 660. Police Training Prohibition.--(a) * * *
(b) Subsection (a) of this section shall not apply--
(1) * * *
* * * * * * *
(4) with respect to assistance provided to police
forces in connection with their participation in the
regional security system of the Eastern Caribbean
states; [or]
(5) with respect to assistance, including training,
relating to sanctions monitoring and enforcement;
(6) with respect to assistance provided to
reconstitute civilian police authority and capability
in the post-conflict restoration of host nation
infrastructure for the purposes of supporting a nation
emerging from instability, [and the provision of
professional public safety training, to include
training in internationally recognized standards of
human rights, the rule of law, anti-corruption, and the
promotion of civilian police roles that support
democracy] including any regional, district, municipal,
or other subnational entity emerging from instability;
(7) with respect to assistance provided to customs
authorities and personnel, including training,
technical assistance and equipment, for customs law
enforcement and the improvement of customs laws,
systems and procedures[.] ;
(8) with respect to assistance to combat corruption
in furtherance of the objectives for which programs are
authorized to be established under section 133 of this
Act;
(9) with respect to the provision of professional
public safety training, including training in
internationally recognized standards of human rights,
the rule of law, and the promotion of civilian police
roles that support democracy; or
(10) with respect to assistance to combat trafficking
in persons.Notwithstanding clause (2), subsection (a)
shall apply to any renewal or extension of any contract
referred to in such paragraph entered into on or after
such date of enactment.
(c) Country with longstanding democratic tradition, etc.
Subsection (a) shall not apply with respect to a country which
has a longstanding democratic tradition, does not have standing
armed forces, and does not engage in a consistent pattern of
gross violations of internationally recognized human rights.
[(d) Assistance to Honduras or El Salvador. Notwithstanding
the prohibition contained in subsection (a) assistance may be
provided to Honduras or El Salvador for fiscal years 1986 and
1987 if, at least 30 days before providing assistance, the
President notifies the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate, in accordance with the procedures applicable to
reprogramming notifications pursuant to section 634A of this
Act (22 USC 2394-1), that he has determined that the government
of the recipient country has made significant progress, during
the preceding six months, in eliminating any human rights
violations including torture, incommunicado detention,
detention of persons solely for the nonviolent expression of
their political views, or prolonged detention without trial.
Any such notification shall include a full description of the
assistance which is proposed to be provided and of the purposes
to which it is to be directed.]
(d) Subsection (a) shall not apply to assistance for law
enforcement forces for which the President, on a case-by-case
basis, determines that it is important to the national interest
of the United States to furnish such assistance and submits to
the committees of the Congress referred to in subsection (a) of
section 634A of this Act an advance notification of the
obligation of funds for such assistance in accordance with such
section 634A.
* * * * * * *
Sec. 667. Operating [Expenses] Expenses of the United
States Agency for International Development.--(a) There are
authorized to be appropriated to the President, in addition fo
funds otherwise available for such purposes--
[(1) $387,000,000 for the fiscal year 1986 and
$387,000,000 for the fiscal year 1987 for necessary
operating expenses of the agency primarily responsible
for administering part I of this Act, of which
$21,750,000 for the fiscal year 1987 is authorized for
the necessary operating expenses of the Office of the
Inspector General of the Agency for International
Development and the remaining amount for the fiscal
year is authorized for other necessary operating
expenses of that agency and]
(1) $623,400,000 for the fiscal year 2005 for
necessary operating expenses of the United States
Agency for International Development; and
(2) such amounts as may be necessary for increases in
salary, pay, retirement, and other employee benefits
authorized by law, and for other nondiscretionary costs
of such [agency] Agency.
(b) There are authorized to be appropriated to the President,
in addition to funds available under subsection (a) or any
other provision of law for such purposes--
(1) $36,400,000 for fiscal year 2005 for necessary
operating expenses of the Office of Inspector General
of the United States Agency for International
Development; and
(2) such amounts as may be necessary for increases in
pay, retirement, and other employee benefits authorized
by law for the employees of such Office, and for other
nondiscretionary costs of such Office.
[(b)](c) Amounts appropriated under this section are
authorized to reamin abailable until expended.
* * * * * * *
PART VI--SPECIAL DEBT RELIEF FOR THE POOREST COUNTRIES
SEC. 901. SPECIAL DEBT RELIEF FOR THE POOREST COUNTRIES.
(a) Authority.--Subject to subsections (b) and (c), the
President may reduce amounts owed to the United States (or any
agency of the United States) by an eligible country as a result
of any of the following transactions:
(1) Concessional loans extended under part I of this
Act, or chapter 4 of part II of this Act, or antecedent
foreign economic assistance laws.
(2) Guarantees issued under sections 221 and 222 of
this Act.
(3) Credits extended or guarantees issued under the
Arms Export Control Act (22 U.S.C. 2751 et seq.).
(4) Any obligation, or portion of such obligation, to
pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to--
(A) section 5(f) of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714c(f));
(B) section 201(b) of the Agricultural Trade
Act of 1978 (7 U.S.C. 5621(b)); or
(C) section 202 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5622).
(b) General Limitations.--
(1) Exclusive conditions.--The authority provided in
subsection (a) may be exercised--
(A) only to implement multilateral official
debt relief and referendum agreements, commonly
referred to as `Paris Club Agreed Minutes';
(B) only in such amounts or to such extent as
is provided in advance in appropriations Acts;
and
(C) only with respect to countries with heavy
debt burdens that--
(i) are eligible to borrow from the
International Development Association,
but not from the International Bank for
Reconstruction and Development,
commonly referred to as `IDA-only'
countries; and
(ii) are not determined ineligible
under subsection (c).
(2) Advance notification of congress.--The authority
provided by subsection (a) shall be subject to the
requirements of section 634A of this Act.
(c) Eligibility Limitations.--The authority provided by
subsection (a) may be exercised only with respect to a country
the government of which, as determined by the President--
(1) does not make an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) does not engage, through its military or security
forces or by other means, in a consistent pattern of
gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance under section
527 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (22 U.S.C. 2370a).
(d) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) may not be considered assistance for
purposes of any provision of law limiting assistance to a
country. The authority provided in subsection (a) may be
exercised notwithstanding section 620(r) of this Act or section
321 of the International Development and Food Assistance Act of
1975 (22 U.S.C. 2220a note).
* * * * * * *
Foreign Service Act of 1980
* * * * * * *
TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES
CHAPTER 3--APPOINTMENTS
* * * * * * *
Sec. 302. Appointments by the President.--(a)(1) * * *
* * * * * * *
(B)(i) * * *
(ii) The President may confer such personal rank only if,
prior to such conferral, he transmits to the Committee on
Foreign Relations of the Senate a written report setting
forth--
(I)-(III) * * *
(IV) all relevant information concerning any
potential conflict of interest which the proposed
recipient of such personal rank may have with regard to
the special mission, including information that is
required to be disclosed on the Standard Form 278, or
any successor financial disclosure report.
Such report shall be transmitted not less than 30 days prior to
conferral of the personal rank of ambassador or minister except
in cases where the President certifies in his report that
urgent circumstances require the immediate conferral of such
rank.
* * * * * * *
Sec. 305. Appointment to the Senior Foreign Service.--(a) *
* *
* * * * * * *
[(d) The Secretary shall by regulation establish a
recertification process for members of the Senior Foreign
Service that is equivalent to the recertification process for
the Senior Executive Service under section 3993a of title 5,
United States Code.]
* * * * * * *
SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE PERFORMED
ABROAD.
(a) Retirement Credit for Certain Government Service
Performed Abroad.-- * * *
* * * * * * *
(f) Implementation.--The Office of Personnel Management, in
consultation with the Secretary, shall prescribe such
regulations, not later than 60 days after the date of the
enactment of the Foreign Relations Authorization Act, Fiscal
Year 2005, and take such action as may be necessary and
appropriate to implement this section.
* * * * * * *
CHAPTER 4--COMPENSATION
Sec. 401. Salaries of Chiefs of Mission.--(a) Except as
provided in section 3942(b) of this title, each chief of
mission shall receive a salary, as determined by the President,
at one of the annual rates payable for levels II through V of
the Executive Schedule under sections 5313 through 5316 of
title 5, except that the total compensation, exclusive of
danger pay, for any chief of mission [shall not exceed the
annual rate payable for level I of such Executive Schedule]
shall be subject to the limitation on certain payments under
section 5307 of title 5, United States Code, or the limitation
under section 402(a)(3), whichever is higher.
* * * * * * *
Sec. 402. Salaries of Senior Foreign Service Members.--
(a)(1) The President shall prescribe salary classes for the
Senior Foreign Service and shall prescribe an appropriate title
for each class. [The President shall also prescribe one or more
basic salary rates for each class. Basic salary rates for the
Senior Foreign Service may not exceed the maximum rate or be
less than the minimum rate of basic pay payable for the Senior
Executive Service under section 5382 of title 5, and shall be
adjusted at the same time and in the same manner as rates of
basic pay are adjusted for the Senior Executive Service.] The
President shall also prescribe ranges of basic salary rates for
each class. Except as provided in paragraph (3), basic salary
rates for the Senior Foreign Service may not exceed the maximum
rate or be less than the minimum rate of basic pay payable for
the Senior Executive Service under section 5382 of title 5,
United States Code.
[(2) The Secretary shall determine which of the basic
salary rates prescribed by the President under paragraph (1)
for any salary class shall be paid to each member of the Senior
Foreign Service who is appointed to that class. The Secretary
may adjust the basic salary rate of a member of the Senior
Foreign Service not more than once during any 12-month period.]
(2) The Secretary shall determine which basic salary rate
within the ranges prescribed by the President under paragraph
(1) shall be paid to each member of the Senior Foreign Service
based on individual performance, contribution to the mission of
the Department, or both, as determined under a rigorous
performance management system. Except as provided in
regulations prescribed by the Secretary and, to the extent
possible, consistent with regulations governing the Senior
Executive Service, the Secretary may adjust the basic salary
rate of a member of the Senior Foreign Service not more than
once during any 12-month period.
(3) Upon a determination by the Secretary that the Senior
Foreign Service performance appraisal system, as designed and
applied, makes meaningful distinctions based on relative
performance--
(A) the maximum rate of basic pay payable for the
Senior Foreign Service shall be level II of the
Executive Schedule; and
(B) the applicable aggregate pay cap shall be
equivalent to the aggregate pay cap set forth in
section 5307(d)(1) of title 5, United States Code, for
members of the Senior Executive Service.
* * * * * * *
Sec. 405. Performance Pay.--(a)* * *
* * * * * * *
(b) Awards of performance pay shall take into account the
criteria established by the Office of Personnel Management for
performance awards under section 5384 of title 5 and rank
awards under section 4507 of title 5. Awards of performance pay
under this section shall be subject to the following
limitations:
(1) * * *
* * * * * * *
(4) Any award under this section shall be subject to
the limitation on certain payments under section 5307
of title 5, or the limitation under section 402(a)(3),
whichever is higher.
* * * * * * *
CHAPTER 5--CLASSIFICATION OF POSITIONS AND ASSIGNMENTS
* * * * * * *
Sec. 503. Assignments to Agencies, International
Organizations, [and] Foreign Governments, or Other Bodies._The
Secretary may (with the concurrence of the agency,
organization, or other body concerned) assign a member of the
Service for duty--
(1) in a non-Foreign Service (including Senior
Executive Service) position in the Department or
another agency, or with an international organization,
international commission, or other international body,
or with a foreign government under section 506;
* * * * * * *
Sec. 506. Fellowship of Hope.--(a) The Secretary is
authorized to establish the Fellowship of Hope Program. Under
the program, the Secretary may assign a member of the Service,
for not more than one year, to a position with any designated
country or designated entity that permits an employee to be
assigned to a position with the Department.
(b) The salary and benefits of a member of the Service
shall be paid as described in subsection (b) of section 503
during a period in which such member is participating in the
Fellowship of Hope Program. The salary and benefits of an
employee of a designated country or designated entity
participating in such program shall be paid by such country or
entity during the period in which such employee is
participating in the program.
(c) In this section:
(1) The term ``designated country'' means a member
country of--
(A) the North Atlantic Treaty Organization;
or
(B) the European Union.
(2) The term ``designated entity'' means--
(A) the North Atlantic Treaty Organization;
or
(B) the European Union.
CHAPTER 6--PROMOTION AND RETENTION
* * * * * * *
Sec. 610. Separation for Cause; Suspension.--(a)(1) The
Secretary may separate any member from the Service for such
cause as will promote the effieciency of the Service.
* * * * * * *
(c)(1) The Secretary may suspend a member of the Foreign
Service without pay when there is reasonable cause to believe
that the member has committed a crime for which a sentence of
imprisonment may be imposed and there is a connection between
the conduct and the efficiency of the Foreign Service.
(2) Any member of the Foreign Service for which a
suspension is proposed shall be entitled to--
(A) written notice stating the specific
reasons for the proposed suspension;
(B) a reasonable time to respond orally and
in writing to the proposed suspension;
(C) representation by an attorney or other
representative; and
(D) a final written decision, including the
specific reasons for such decision, as soon as
practicable.
(3) Any member suspended under this section may file
a grievance in accordance with the procedures
applicable to grievances under chapter 11 of this
title.
(4) In the case of a grievance filed under paragraph
(3)--
(A) the review by the Foreign Service
Grievance Board shall be limited to a
determination of whether the reasonable cause
requirement has been fulfilled and whether
there is a connection between the conduct and
the efficiency of the Foreign Service; and
(B) the Foreign Service Grievance Board may
not exercise the authority provided under
section 1106(8) of the Foreign Service Act of
1980 (22 U.S.C. 4136(8)).
(5) In this section:
(A) The term ``reasonable time'' means--
(i) with respect to a member of the
Foreign Service assigned to duty in the
United States, 15 days after receiving
notice of the proposed suspension; and
(ii) with respect to a member of the
Foreign Service assigned to duty
outside the United States, 30 days
after receiving notice of the proposed
suspension.
(B) The term ``suspend'' or ``suspension''
means the placing of a member of the Foreign
Service, for disciplinary reasons, in a
temporary status without duties.
* * * * * * *
CHAPTER 7--CAREER DEVELOPMENT, TRAINING, AND ORIENTATION
Sec. 703. Career Development.--(a) * * *
(b) Junior Foreign Service officer training shall be
directed primarily toward providing expert knowledge in the
basic functions of analysis and reporting as well as in public
diplomacy, consular, administrative, and linguistic skills
relevant to the full range of future job assignments. Midcareer
training shall be directed primarily toward development and
perfection of management, functional, negotiating, and policy
development skills to prepare the officers progressively for
more senior levels of responsibility.
* * * * * * *
SEC. 709. PUBLIC DIPLOMACY TRAINING.
The Secretary shall ensure that public diplomacy is an
important component of training at all levels of the Foreign
Service.
* * * * * * *
CHAPTER 8--FOREIGN SERVICE RETIREMENT AND DISABILITY
* * * * * * *
Sec. 824. Reemployment.--(a) * * *
* * * * * * *
[(g) The Secretary of State may waive the application of
the paragraphs (a) through (d) of this section, on a case-by-
case basis, for an annuitant reemployed on a temporary basis,
but only if, and for so long as, the authority is necessary due
to an emergency involving a direct threat to life or property
or other unusual circumstances.]
(g) The Secretary of State may waive the application of
subsections (a) through (d) on a case-by-case basis for an
annuitant reemployed on a temporary basis--
(1) if, and for so long as, such waiver is necessary
due to an emergency involving a direct threat to life
or property or other unusual circumstances; or
(2) if the annuitant is employed in a position for
which there is exceptional difficulty in recruiting or
retaining a qualified employee.
* * * * * * *
CHAPTER 9--TRAVEL, LEAVE, AND OTHER BENEFITS
* * * * * * *
Sec. 901. Travel and Related Expenses.--The Secretary may
pay the travel and related expenses of members of the Service
and their families, including costs or expenses incurred for--
(1) * * *
* * * * * * *
(6) rest and recuperation travel of members of the
Service who are United States citizens, and members of
their families, while serving at locations abroad
specifically designated by the Secretary for purposes
of this paragraph, to--
(A) other locations abroad having different social,
climatic, or other environmental conditions than those
at the post at which the member of the Service is
serving, or
(B) locations in the United States;
Except that, unless the Secretary otherwise specifies in
extraordinary circumstances, travel expenses under this
paragraph shall be limited to the cost for a member of the
Service, and for each member of the family of the member, of 1
round trip during any continous 2-year tour [unbroken by home
leave] and of 2 round trips during any continuous 3-year tour
[unbroken by home leave].
* * * * * * *
Sec. 903. Required Leave in the United States.--(a) The
Secretary may order a member of the Service (other than a
member employed under section 311) who is a citizen of the
United States to take a leave of absence under section 6305 of
title 5, United States Code (without regard to the introductory
clause of subsection (a) of that section), upon completion by
that member of [18 months] 12 months of continuous service
abroad. The Secretary shall order on such leave of absence a
member of the Service (other than member employed under section
311) who is a citizen of the United States as soon as possible
after completion by that member of 3 years of continuous
service abroad.
* * * * * * *
CHAPTER 11--GRIEVANCES
* * * * * * *
Sec. 1106. Board Procedures.--The Board may adopt
regulations concerning its organization and procedures. Such
regulations shall include provision for the following:
(1) * * *
* * * * * * *
(8) If the Board determines that the Department is
considering the involuntary separation of the grievant
(other than an involuntary separation for cause under
section 610(a)), the involuntary separation of the
grievant, disciplinary action against [the grievant or]
the grievant, or recovery from the grievant of alleged
overpayment of salary, expenses, or allowances, which
is related to a grievance pending before the Board and
that such action should be suspended, the Department
shall suspend such action until the date which is one
year after such determination or until the Board has
ruled upon the grievance, whichever comes first. The
Board shall extend the one-year limitation under the
preceding sentence and the Department shall continue to
suspend such action, if the Board determines that the
agency or the board is responsible for the delay in the
resolution of the grievance. The Board may also extend
the 1-year limit if it determines that the delay is due
to the complexity of the case, the unavailability of
witnesses or to circumstances beyond the control of the
agency, the Board or the grievant. notwithstanding such
suspension of action, the head of the agency concerned
or a chief of mission or principal officer may exclude
the grievant from official premises or from the
performance of specified functions when such exclusion
is determined in writing to be essential to the
functioning of the post or office to which the grievant
is assigned. Notwithstanding the first sentence of this
paragraph, the Board's authority to suspend such action
shall not extend to instances where the Secretary, or
his designee, has exercised his authority under
subsection (a)(3) of section 610 or with respect to any
action which would delay the separation of an employee
pursuant to a reduction in force conducted under
section 611.
* * * * * * *
Arms Export Control Act
* * * * * * *
Sec. 3. Eligibility for.--(a) * * *
* * * * * * *
(d)(1) [Subject to paragraph (5), the] The President may
not give his consent under paragraph (2) of subsection (a) or
under the third sentence of such subsection, or under section
505(a)(1) or 505(a)(4) of the Foreign Assistance Act of 1961
(22 USC 2314(a)(1) or (4)), to a transfer of any major defense
equipment valued (in terms of its original acquisition cost) at
[$14,000,000] $50,000,000 or more, or any defense article or
related training or other defense [service valued (in terms of
its original acquisition cost) at $50,000,000] service valued
(in terms of its original acquisition cost) at $100,000,000 or
more, unless the President submits to the Speaker of the House
of Representatives and the Committee on Foreign Relations of
the Senate a written certification with respect to such
proposed transfer containing--
* * * * * * *
[(5) In the case of a transfer to a member country of the
North Atlantic Treaty Organization (NATO) or Australia, Japan,
or New Zealand that does not authorize a new sales territory
that includes any country other than such countries, the
limitations on consent of the President set forth in paragraphs
(1) and (3)(A) shall apply only if the transfer is--
[(A) a transfer of major defense equipment valued (in
terms of its original acquisition cost) at $25,000,000
or more; or
[(B) a transfer of defense articles or defense
services valued (in terms of its original acquisition
cost) at $100,000,000 or more).]
* * * * * * *
CHAPTER 2--FOREIGN MILITARY SALES AUTHORIZATIONS
Sec 21. Sales from Stocks.--(a)(1) * * *
* * * * * * *
(h)(1) The President is authorized to provide (without
charge) quality assurance, inspection, contract administration
services, and contract audit defense services under this
section--
(A) in connection with the placement or
administration of any contract or subcontract for
defense articles, defense services, or design and
construction services entered into after the date of
enactment of this subsection (enacted Oct. 29, 1979)
by, or under this Act on behalf of, a foreign
government which is a member of the North Atlantic
Treaty Organization, if such government provides such
services in accordance with an agreement on a
reciprocal basis, without charge, to the United States
Government; or
(B) in connection with the placement or
administration of any contract or subcontract for
defense articles, defense services, or design and
construction services pursuant to the North Atlantic
Treaty Organization Security Investment program in
accordance with an agreement under which the foreign
governments participating in such program provide such
services, without charge, in connection with similar
contracts or subcontracts.
(2) In carrying out the objectives of this section,
the President is authorized to provide cataloging data
and cataloging services, without charge, [to the North
Atlantic Treaty Organization or to any member
government of that Organization if that Organization or
member government] to the North Atlantic Treaty
Organization, to any member government of that
Organization, or to the government of any other country
if that Organization, member government, or other
government provides such data and services in
accordance with an agreement on a reciprocal basis,
without charge, to the United States Government.
* * * * * * *
Sec. 36. Reports on Congressional and Governmental Military
Exports; Congressional Action.--(a) * * *
* * * * * * *
(b)(1) [Subject to paragraph (6), in] In the case of any
letter of offer to sell any defense articles or services under
this [Act for $50,000,000] Act for $100,000,000 or more, any
design and construction [services for $200,000,000] services
for $350,000,000 or more, or any major defense equipment for
[$14,000,000] $50,000,000 or more, and in other cases if the
President determines it is appropriate, before such letter of
offer is issued, the President shall submit to the Speaker of
the House of Representatives and to the chairman of the
Committee on Foreign Relations of the Senate a numbered
certification with respect to such offer to sell containing the
information specified in clauses (i) through (iv) of subsection
(a), or (in the case of a sale of design and construction
services) the information specified in clauses (A) through (D)
of paragraph (9) of subsection (a), and a description,
containing the information specified in paragraph (8) of
subsection (a), of any contribution, gift, commission, or fee
paid or offered or agreed to be paid in order to solicit,
promote, or otherwise to secure such letter of offer. Such
numbered certifications shall also contain an item, classified
if necessary, identifying the sensitivity of technology
contained in the defense articles, defense services, or design
and construction services, proposed to be sold, and a detailed
justification of the reasons necessitating the sale of such
articles or services in view of the sensitivity of such
technology. In a case in which such articles or services listed
on the Missile Technology Control Regime Annex are intended to
support the design, development, or production of a Category I
space launch vehicle system (as defined in section 74 (22 USC
2797c)), such report shall include a description of the
proposed export and rationale for approving such export,
including the consistency of such export with United States
missile nonproliferation policy. Each such numbered
certification shall contain an item indicating whether any
offset agreement is proposed to be entered into in connection
with such letter of offer to sell (if known on the date of
transmittal of such certification). In addition, the President
shall, upon the request of such committee or the Committee on
Foreign Affairs of the House of Representatives, transmit
promptly to both such committees a statement setting forth, to
the extent specified in such request--
* * * * * * *
(5)(A) * * *
* * * * * * *
(C) [Subject to paragraph (6), if] If the enhancement or
upgrade in the sensitivity of technology or the capability of
major defense equipment, defense articles, defense services, or
design and construction services described in a numbered
certification submitted under this subsection [costs
$14,000,000] costs $50,000,000 or more in the case of any major
defense equipment, [$50,000,000] $100,000,000 or more in the
case of defense articles or defense services, [or $200,000,000]
or $350,000,000 or more in the case of design or construction
services, and in other cases if the President determines it is
appropriate, then the President shall submit to the Speaker of
the House of Representatives and the chairman of the Committee
on Foreign Relations of the Senate a new numbered certification
which relates to such enhancement or upgrade and which shall be
considered for purposes of this subsection as if it were a
separate letter of offer to sell defense equipment, articles,
or services, subject to all of the requirements, restrictions,
and conditions set forth in this subsection. For purposes of
this subparagraph, references in this subsection to sales shall
be deemed to be references to enhancements or upgrades in the
sensitivity of technology or the capability of major defense
equipment, articles, or services, as the case may be.
* * * * * * *
(c)(1) [Subject to paragraph (5), in] In the case of an
application by a person (other than with regard to a sale under
section 21 or section 22 of this Act (22 USC 2761 or 2762)) for
a license for the export of any major defense equipment sold
under a contract in the amount of [$14,000,000] $50,000,000 or
more or of defense articles or defense [services sold under a
contract in the amount of $50,000,000] services sold under a
contract in the amount of $100,000,000 or more (or, in the case
of a defense article that is a firearm controlled under
category I of the United States Munitions List, $1,000,000 or
more), and in other cases if the President determines it is
appropriate, before issuing such license the President shall
transmit to the Speaker of the House of Representatives and to
the chairman of the Committee on Foreign Relations of the
Senate an unclassified numbered certification with respect to
such application specifying (A) the foreign country or
international organization to which such export will be made,
(B) the dollar amount of the items to be exported, and (C) a
description of the items to be exported. Each such numbered
certification shall also contain an item indicating whether any
offset agreement is proposed to be entered into in connection
with such export and a description of any such offset
agreement. In addition, the President shall, upon the request
of such committee or the Committee on Foreign Affairs of the
House of Representatives, transmit promptly to both such
committees a statement setting forth, to the extent specified
in such request, a description of the capabilities of the items
to be exported, an estimate of the total number of United
States personnel expected to be needed in the foreign country
concerned in connection with the items to be exported and an
analysis of the arms control impact pertinent to such
application, prepared in consultation with the Secretary of
Defense and a description from the person who has submitted the
license application of any offset agreement proposed to be
entered into in connection with such export (if known on the
date of transmittal of such statement). In a case in which such
articles or services are listed on the Missile Technology
Control Regime Annex and are intended to support the design,
development, or production of a Category I space launch vehicle
system (as defined in section 74 (22 USC 2797c)), such report
shall include a description of the proposed export and
rationale for approving such export, including the consistency
of such export with United States missile nonproliferation
policy. A certification transmitted pursuant to this subsection
shall be unclassified, except that the information specified in
clause (B) and the details of the description specified in
clause (C) may be classified if the public disclosure thereof
would be clearly detrimental to the security of the United
States, in which case the information shall be accompanied by a
description of the damage to the national security that could
be expected to result from public disclosure of the
information.
(2) Unless the President states in his certification that
an emergency exists which requires the proposed export in the
national security interests of the United States, a license for
export described in paragraph (1)--
(A) in the case of a license for an export to the
North Atlantic Treaty Organization, any member country
of that Organization or Australia, Japan, or New
Zealand, shall not be issued until at least 15 calendar
days after the Congress receives such certification,
and shall not be issued then if the Congress, within
that 15-day period, enacts a joint resolution
prohibiting the proposed export;
(B) in the case of a license for an export of a
commercial communications satellite for launch from,
and by nationals of, the Russian Federation, Ukraine,
or Kazakhstan, shall not be issued until at least 15
calendar days after the Congress receives such
certification, and shall not be issued then if the
Congress, within that 15-day period, enacts a joint
resolution prohibiting the proposed export; and
(C) in the case of any other license, shall not be
issued until at least 30 calendar days after the
Congress receives such certification, and shall not be
issued then if the Congress, within that 30-day period,
enacts a joint resolution prohibiting the proposed
export.
If the President states in his certification that an emergency
exists which requires the proposed export in the national
security interests of the United States, thus waiving the
requirements of subparagraphs [(A) and (B)](A), (B), and (C) of
this paragraph, he shall set forth in the certification a
detailed justification for his determination, including a
description of the emergency circumstances which necessitate
the immediate issuance of the export license and a discussion
of the national security interests involved.
(d)(1)(A) In the case of an approval under section 38 of
this Act (22 USC 2778) of a United States commercial technical
assistance or manufacturing licensing agreement which involves
the manufacture abroad of any item of significant combat
equipment on the United States Munitions List, before such
approval is given, the President shall submit a certification
with respect to such proposed commercial agreement in a manner
similar to the certification required under subsection (c)(1)
containing comparable information, except that the last
sentence of such subsection shall not apply to certifications
submitted pursuant to [this subsection] this subparagraph.
(B) Notwithstanding section 27(g), in the case of a
comprehensive authorization described in section 126.14 of
title 22, Code of Federal Regulations (or any corresponding
similar regulation) for the proposed export of defense articles
or defense services in an amount that exceeds a limitation set
forth in subsection (c)(1), before the comprehensive
authorization is approved or the addition of a foreign
government or other foreign partner to the comprehensive
authorization is approved, the President shall submit a
certification with respect to the comprehensive authorization
in a manner similar to the certification required under
subsection (c)(1) of this section and containing comparable
information, except that the last sentence of such subsection
shall not apply to certifications submitted pursuant to this
subparagraph.
* * * * * * *
(4) [Approval for an agreement subject to paragraph (1) may
not be given under section 38] Approval for an agreement
subject to paragraph (1)(A), or for a comprehensive
authorization subject to paragraph (1)(B), may not be given
under section 38 or section 126.14 of title 22, Code of Federal
Regulations (or any corresponding similar regulation), as the
case may be, (22 USC 2778) if the Congress, within the 15-day
or 30-day period specified in paragraph (2)(A) or (B), as the
case may be, enacts a joint resolution prohibiting such
approval.
* * * * * * *
Sec. 38. Control of Arms Exports and Imports.--(a) * * *
* * * * * * *
(j) Requirements Relating to Country Exemptions for
Licensing of Defense Items for Export to Foreign Countries.--
(1) Requirement for bilateral agreement.--
* * * * * * *
(2) Requirements of bilateral agreement.--[A
bilateral agreement] Except as provided in paragraph
(4), a bilateral agreement referred to paragraph (1)--
* * * * * * *
(4) Exceptions from bilateral agreement
requirements.--
(A) Australia.--Subject to the provisions of
section 2233 of the Foreign Assistance
Authorization Act, Fiscal Year 2005, the
requirements for a bilateral agreement
described in paragraph (2)(A) shall not apply
to a bilateral agreement between the United
States Government and the Government of
Australia with respect to transfers or changes
in end use of defense items within Australia
that will remain subject to the licensing
requirements of this Act after such agreement
enters into force.
(B) United kingdom.--Subject to the
provisions of section 2233 of the Foreign
Assistance Authorization Act, Fiscal Year 2005,
the requirements for a bilateral agreement
described in paragraphs (1)(A)(ii), (2)(A)(i),
and (2)(A)(ii) shall not apply to a bilateral
agreement between the United States Government
and the Government of the United Kingdom for an
exemption from the licensing requirements of
this Act.
[(4)](5) Definitions.--In this section:
* * * * * * *
Arms Control and Disarmament Act
* * * * * * *
VERIFICATION OF COMPLIANCE
Sec. 306.--(a) In general. In order to ensure that arms
control, nonproliferation, and disarmament agreements can be
verified, the Secretary of State shall report to Congress, on a
timely basis, or upon request by an appropriate committee of
the Congress--
(1) in the case of any arms control,
nonproliferation, or disarmament agreement or other
formal commitment that has been concluded by the United
States, the determination of the Secretary of State as
to the degree to which the components of such agreement
can be verified;
(2) in the case of any arms control,
nonproliferation, or disarmament agreement or other
formal commitment that has entered into force, any
significant degradation or alteration in the capacity
of the United States to verify compliance of the
components of such agreement;
* * * * * * *
[ANNUAL REPORT TO CONGRESS]
ANNUAL REPORTS TO CONGRESS
[(a) In General.--Not later than April 15 of each year, the
President shall submit to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate a report prepared by the Secretary of
State with the concurrence of the Director of Central
Intelligence and in consultation with the Secretary of Defense,
the Secretary of Energy, and the Chairman of the Joint Chiefs
of Staff, on the status of United States policy and actions
with respect to arms control, nonproliferation, and
disarmament. Such report shall include--
[(1) a detailed statement concerning the arms
control, nonproliferation, and disarmament objectives
of the executive branch of Government for the
forthcoming year;
[(2) a detailed assessment of the status of any
ongoing arms control, nonproliferation, or disarmament
negotiations, including a comprehensive description of
negotiations or other activities during the preceding
year and an appraisal of the status and prospects for
the forthcoming year;
[(3) a detailed assessment of adherence of the United
States to obligations undertaken in arms control,
nonproliferation, and disarmament agreements, including
information on the policies and organization of each
relevant agency or department of the United States to
ensure adherence to such obligations, a description of
national security programs with a direct bearing on
questions of adherence to such obligations and of steps
being taken to ensure adherence, and a compilation of
any substantive questions raised during the preceding
year and any corrective action taken;
[(4) a detailed assessment of the adherence of other
nations to obligations undertaken in all arms control,
nonproliferation, and disarmament agreements or
commitments, including the Missile Technology Control
Regime, to which the United States is a participating
state, including information on actions taken by each
nation with regard to the size, structure, and
disposition of its military forces in order to comply
with arms control, nonproliferation, or disarmament
agreements or commitments, and shall include, in the
case of each agreement or commitment about which
compliance questions exist--
[(A) a description of each significant issue
raised and efforts made and contemplated with
the other participating state to seek
resolution of the difficulty;
[(B) an assessment of damage, if any, to the
United States security and other interests; and
[(C) recommendations as to any steps that
should be considered to redress any damage to
United States national security and to reduce
compliance problems;
[(5) a discussion of any material noncompliance by
foreign governments with their binding commitments to
the United States with respect to the prevention of the
spread of nuclear explosive devices (as defined in
section 830(4) of the Nuclear Proliferation Prevention
Act of 1994 (22 USC 6305(4))) by non-nuclear-weapon
states (as defined in section 830(5) of that Act (22
USC 6305(5))) or the acquisition by such states of
unsafeguarded special nuclear material (as defined in
section 830(8) of that Act (22 USC 6305(8))),
including--
[(A) a net assessment of the aggregate
military significance of all such violations;
[(B) a statement of the compliance policy of
the United States with respect to violations of
those commitments; and
[(C) what actions, if any, the President has
taken or proposes to take to bring any nation
committing such a violation into compliance
with those commitments; and
[(6) a specific identification, to the maximum extent
practicable in unclassified form, of each and every
question that exists with respect to compliance by
other countries with arms control, nonproliferation,
and disarmament agreements with the United States.
[(b) Classification of the Report.--The report required by
this section shall be submitted in unclassified form, with
classified annexes, as appropriate. The portions of this report
described in paragraphs (4) and (5) of subsection (a) shall
summarize in detail, at least in classified annexes, the
information, analysis, and conclusions relevant to possible
noncompliance by other nations that are provided by United
States intelligence agencies.
[(c) Reporting Consecutive Noncompliance.--If the President
in consecutive reports submitted to the Congress under this
section reports that any designated nation is not in full
compliance with its binding nonproliferation commitments to the
United States, then the President shall include in the second
such report an assessment of what actions are necessary to
compensate for such violations.
[(d) Discussion of Unresolved Issues.--Each report required
by this section shall include a discussion of each significant
issue described in subsection (a)(6) that was contained in a
previous report issued under this section during 1995, or after
December 31, 1995, until the question or concern has been
resolved and such resolution has been reported in detail to the
appropriate committees of Congress (as defined in section
1102(1) of the Arms Control, Non-Proliferation, and Security
Assistance Act of 1999 (22 USC 2652c note)).]
Sec. 403. (a) Report on Objectives and Negotiations.--Not
later than April 15 of each year, the President shall submit to
the Speaker of the House of Representatives and to the Chairman
of the Committee on Foreign Relations of the Senate a report
prepared by the Secretary of State in consultation with the
Secretary of Defense, the Secretary of Energy, the Director of
Central Intelligence, and the Chairman of the Joint Chiefs of
Staff on the status of United States policy and actions with
respect to arms control, nonproliferation, and disarmament.
Such report shall include--
(1) a detailed statement concerning the arms control,
nonproliferation, and disarmament objectives of the
executive branch of Government for the forthcoming
year; and
(2) a detailed assessment of the status of any
ongoing arms control, nonproliferation, or disarmament
negotiations, including a comprehensive description of
negotiations or other activities during the preceding
year and an appraisal of the status and prospects for
the forthcoming year.
(b) Report on Compliance.--Not later than April 15 of each
year, the President shall submit to the Speaker of the House of
Representatives and to the Chairman of the Committee on Foreign
Relations of the Senate a report prepared by the Secretary of
State with the concurrence of the Director of Central
Intelligence and in consultation with the Secretary of Defense,
the Secretary of Energy, and the Chairman of the Joint Chiefs
of Staff on the status of United States policy and actions with
respect to arms control, nonproliferation, and disarmament
compliance. Such report shall include--
(1) a detailed assessment of adherence of the United
States to obligations undertaken in arms control,
nonproliferation, and disarmament agreements, including
information on the policies and organization of each
relevant agency or department of the United States to
ensure adherence to such obligations, a description of
national security programs with a direct bearing on
questions of adherence to such obligations and of steps
being taken to ensure adherence, and a compilation of
any substantive questions raised during the preceding
year and any corrective action taken;
(2) a detailed assessment of the adherence of other
nations to obligations undertaken in all arms control,
nonproliferation, and disarmament agreements or
commitments, including the Missile Technology Control
Regime, to which the United States is a participating
state, including information on actions taken by each
nation with regard to the size, structure, and
disposition of its military forces in order to comply
with arms control, nonproliferation, or disarmament
agreements or commitments, and shall include, in the
case of each agreement or commitment about which
compliance questions exist--
(A) a description of each significant issue
raised and efforts made and contemplated with
the other participating state to seek
resolution of the difficulty;
(B) an assessment of damage, if any, to the
United States security and other interests;
(C) recommendations as to any steps that
should be considered to redress any damage to
United States national security and to reduce
compliance problems; and
(D) for states that are not parties to such
agreements or commitments, a description of
activities of concern carried out by such
states and efforts underway to bring such
states into adherence with such agreements or
commitments;
(3) a discussion of any material noncompliance by
foreign governments with their binding commitments to
the United States with respect to the prevention of the
spread of nuclear explosive devices (as defined in
section 830(4) of the Nuclear Proliferation Prevention
Act of 1994 (22 U.S.C. 6305(4)) by non-nuclear-weapon
states (as defined in section 830(5) of that Act (22
U.S.C. 6305(5)) or the acquisition by such states of
unsafeguarded special nuclear material (as defined in
section 830(8) of that Act (22 U.S.C. 6305(8)),
including--
(A) a net assessment of the aggregate
military significance of all such violations;
(B) a statement of the compliance policy of
the United States with respect to violations of
those commitments; and
(C) what actions, if any, the President has
taken or proposes to take to bring any nation
committing such a violation into compliance
with those commitments; and
(4) a specific identification, to the maximum extent
practicable in unclassified form, of each and every
question that exists with respect to compliance by
other countries with arms control, nonproliferation,
and disarmament agreements and other formal commitments
with the United States.
(c) Chemical Weapons Convention Compliance Report Requirement
Satisfied.--The report submitted pursuant to subsection (b)
shall include the information necessary to satisfy condition
10(C) of the resolution of advice and consent to the Convention
on the Prohibition of Development, Production, Stockpiling and
Use of Chemical Weapons and on Their Destruction, with annexes,
done at Paris, January 13, 1993, and entered into force April
29, 1997 (T. Doc. 103-21), approved by the Senate on April 24,
1997.
(d) Classification of Report.--The reports required by this
section shall be submitted in unclassified form, with
classified annexes, as appropriate. The report portions
described in paragraphs (2) and (3) of subsection (b) shall
summarize in detail, at least in classified annexes, the
information, analysis, and conclusions relevant to possible
noncompliance by other nations that are provided by United
States intelligence agencies.
(e) Reporting Consecutive Noncompliance.--If the President in
consecutive reports submitted to the Congress under subsection
(b) reports that any nation is not in full compliance with its
binding nonproliferation commitments to the United States, then
the President shall include in the second such report an
assessment of what actions are necessary to compensate for such
violations.
(f) Additional Requirement.--Each report required by
subsection (b) shall include a discussion of each significant
issue described in subsection (b)(4) that was contained in a
previous report issued under this section during 1995, or after
December 31, 1995, until the question or concern has been
resolved and such resolution has been reported in detail to the
Committee on Foreign Relations and the Select Committee on
Intelligence of the Senate and the Committee on International
Relations and the Permanent Select Committee on Intelligence of
the House of Representatives.
* * * * * * *
State Department Basic Authorities Act of 1956
* * * * * * *
TITLE I--BASIC AUTHORITIES GENERALLY
ORGANIZATION OF THE DEPARTMENT OF STATE
* * * * * * *
Sec. 1. (a) Secretary of State.--
* * * * * * *
(f) HIV/AIDS Response Coordinator.--
* * * * * * *
(VII) Directly approving all
activities of the United States
(including funding) relating to
combatting HIV/AIDS in each of
Botswana, Cote d'Ivoire,
Ethiopia, Guyana, Haiti, India,
Kenya, Mozambique, Namibia,
Nigeria, Rwanda, South Africa,
Tanzania, Uganda, Zambia,
Antigua and Barbuda, the
Bahamas, Barbados, Belize,
Dominica, Grenada, Jamaica,
Montserrat, Saint Kitts and
Nevis, Saint Vincent and the
Grenadines, Saint Lucia,
Suriname, Trinidad and Tobago,
Dominican Republic, and other
countries designated by the
President, which other
designated countries may
include those countries in
which the United States is
implementing HIV/AIDS programs
as of the date of the enactment
of the United States Leadership
Against HIV/AIDS, Tuberculosis,
and Malaria Act of 2003
(enacted May 27, 2003).
* * * * * * *
Sec. 2. The Secretary of State, may use funds appropriated
or otherwise available to the Secretary to
(a)* * *
* * * * * * *
(k) provide maximum physical security in Government-
owned and leased properties and vehicles abroad; [and]
(l) purchase special purpose passenger motor vehicles
without regard to any price limitation otherwise
established by law[.];
(m) pay obligations arising under international
agreements, conventions and binational contracts to the
extent otherwise authorized by law[.];
(n) exercise the authority provided in subsection (c)
of this section, upon the request of the Secretary of
Defense or the head of any other department or agency
of the United States, to enter into personal service
contracts with individuals to perform services in
support of the Department of Defense or such other
department or agency, as the case may be[.]; and
(o) make administrative corrections or adjustments to
an employee's pay, allowances, or differentials,
resulting from mistakes or retroactive personnel
actions, as well as provide back pay and other
categories of payments under section 5596 of title 5,
United States Code, as part of the settlement or
compromise of administrative claims or grievances filed
against the Department.
* * * * * * *
Sec. 4. (a) * * *
* * * * * * *
(b)(1) Expenditures described under subsection (a) shall be
made only for such activities as--
* * * * * * *
(2) Activities described in paragraph (1) include--
(A) * * *
* * * * * * *
(I) investigations and apprehension of groups or
individuals involved in fraudulent issuance of United
States passports and visas; [and]
(J) gifts of nominal value given by the President,
Vice President, or Secretary of State to a foreign
dignitary[.]; and
(K) assistance to crime victims under section 206 of
the Foreign Relations Authorization Act, Fiscal Year
2005.
* * * * * * *
SPECIAL AGENTS
Sec. 37. (a) General Authority.--* * *
* * * * * * *
(d) Administrative Subpoenas.--
(1) In general.--If the Secretary determines that
there is an imminent threat against a person, foreign
mission, or international organization protected under
the authority of subsection (a)(3), the Secretary may
issue in writing, and cause to be served, a subpoena
requiring--
(A) the production of any records or other
items relevant to the threat; and
(B) testimony by the custodian of the items
required to be produced concerning the
production and authenticity of those items.
(2) Requirements.--
(A) Return date.--A subpoena under this
subsection shall describe the items required to
be produced and shall specify a return date
within a reasonable period of time within which
the requested items may be assembled and made
available. The return date specified may not be
less than 24 hours after service of the
subpoena.
(B) Notification to attorney general.--As
soon as practicable following the issuance of a
subpoena under this subsection, the Secretary
shall notify the Attorney General of its
issuance.
(C) Other requirements.--The following
provisions of section 3486 of title 18, United
States Code, shall apply to the exercise of the
authority of paragraph (1):
(i) Paragraphs (4) through (8) of
subsection (a).
(ii) Subsections (b), (c), and (d).
(3) Delegation of authority.--The authority under
this subsection may be delegated only to the Deputy
Secretary of State.
(4) Annual report.--Not later than February 1 of each
year, the Secretary shall submit to the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives
a report regarding the exercise of the authority under
this subsection during the previous calendar year.
SEC. 37A. PROTECTION OF BUILDINGS AND AREAS IN THE UNITED STATES BY
DESIGNATED LAW ENFORCEMENT OFFICERS.
(a) Designation of Law Enforcement Officers.--The Secretary
of State may designate Department of State uniformed guards as
law enforcement officers for duty in connection with the
protection of buildings and areas within the United States for
which the Department of State provides protective services,
including duty in areas outside the property to the extent
necessary to protect the property and persons on the property.
(b) Powers of Officers.--While engaged in the performance
of official duties as a law enforcement officer designated
under subsection (a), an officer may--
(1) enforce Federal laws and regulations for the
protection of persons and property;
(2) carry firearms; and
(3) make arrests without warrant for any offense
against the United States committed in the officer's
presence, or for any felony cognizable under the laws
of the United States if the officer has reasonable
grounds to believe that the person to be arrested has
committed or is committing such felony in connection
with the buildings and areas, or persons, for which the
Department of State is providing protective services.
(c) Regulations.--(1) The Secretary of State may prescribe
regulations necessary for the administration of buildings and
areas within the United States for which the Department of
State provides protective services. The regulations may include
reasonable penalties, within the limits prescribed in
subsection (d), for violations of the regulations.
(2) The Secretary shall consult with the Secretary of
Homeland Security in prescribing the regulations under
paragraph (1).
(3) The regulations shall be posted and kept posted in a
conspicuous place on the property.
(d) Penalties.--A person violating a regulation prescribed
under subsection (c) shall be fined under title 18, United
States Code, or imprisoned for not more than 30 days, or both.
(e) Training Officers.--The Secretary of State may also
designate firearms and explosives training officers as law
enforcement officers under subsection (a) for the limited
purpose of safeguarding firearms, ammunition, and explosives
that are located at firearms and explosives training facilities
approved by the Secretary or are in transit between training
facilities and Department of State weapons and munitions
vaults.
(f) Attorney General Approval.--The powers granted to
officers designated under this section shall be exercised in
accordance with guidelines approved by the Attorney General.
(g) Relationship of Other Authority.--Nothing in this
section shall be construed to affect the authority of the
Secretary of Homeland Security, the Administrator of General
Services, or any Federal law enforcement agency.
* * * * * * *
EXPENSES RELATING TO PARTICIPATION IN ARBITRATIONS
OF CERTAIN DISPUTES
Sec. 38. (a) * * *
* * * * * * *
(d) International Litigation Fund.--
(1) Establishment.-- * * *
(2) Reprogramming procedures.-- * * *
(3) Transfers of funds.--Funds received by the
Department of State as a result of a decision of an
international tribunal, from another agency of the
United States Government, or pursuant to the Department
of State Appropriations Act of 1937 (49 Stat. 1321, 22
U.S.C. 2661) to meet costs of preparing or prosecuting
a proceeding before an international tribunal, or a
claim by or against a foreign government or other
foreign entity, shall be credited to the ILF.
* * * * * * *
SEC. 59. THE UNITED STATES DIPLOMACY CENTER.
(a) Activities.--
(1) Support authorized.--The Secretary of State is
authorized to provide by contract, grant, or otherwise,
for the performance of appropriate museum visitor and
educational outreach services, including organizing
conference activities, museum shop services, and food
services, in the public exhibit and related space
utilized by the United States Diplomacy Center (in this
section referred to as the ``Center'').
(2) Payment of expenses.--The Secretary may pay all
reasonable expenses of conference activities conducted
by the Center, including refreshments and reimbursement
of travel expenses incurred by participants.
(3) Recovery of costs.--Any revenues generated under
the authority of paragraph (1) for visitor services may
be retained, as a recovery of the costs of operating
the Center, and credited to any Department of State
appropriation.
(b) Disposition of United States Diplomacy Center Artifacts
and Materials.--
(1) Property of secretary.--All historic documents,
artifacts, or other articles permanently acquired by
the Department of State and determined by the Secretary
to be suitable for display in the Center shall be
considered to be the property of the Secretary in the
Secretary's official capacity and shall be subject to
disposition solely in accordance with this subsection.
(2) Sale or trade.--Whenever the Secretary makes the
determination under paragraph (3) with respect to an
item, the Secretary may sell at fair market value,
trade, or transfer the item, without regard to the
requirements of subtitle I of title 40, United States
Code. The proceeds of any such sale may be used solely
for the advancement of the Center's mission and may not
be used for any purpose other than the acquisition and
direct care of collections.
(3) Determinations prior to sale or trade.--The
determination referred to in paragraph (2), with
respect to an item, is a determination that--
(A) the item no longer serves to further the
purposes of the Center established in the
collections management policy of the Center; or
(B) in order to maintain the standards of the
collections of the Center, the sale or exchange
of the item would be a better use of the item.
(4) Loans.--The Secretary may also lend items covered
by paragraph (1), when not needed for use or display in
the Center, to the Smithsonian Institution or a similar
institution for repair, study, or exhibition.
* * * * * * *
Foreign Relations Authorization Act,
Fiscal Year 2003
* * * * * * *
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
SUBTITLE A--BASIC AUTHORITIES AND ACTIVITIES
* * * * * * *
SEC. 215. REPORT CONCERNING EFFORTS TO PROMOTE ISRAEL'S DIPLOMATIC
RELATIONS WITH OTHER COUNTRIES.
(a) Findings.--* * *
* * * * * * *
(b) Report Concerning United States Efforts to Promote
Israel's Diplomatic Relations With Other Countries.--Not later
than 60 days after the date of the enactment of this Act, and
again not later than 60 days after the date of the enactment of
the Foreign Relations Authorization Act, Fiscal Year 2004, the
Secretary shall submit a report to the appropriate
congressional committees that includes the following
information (in classified or unclassified form, as
appropriate):
(1) * * *
* * * * * * *
SUBTITLE B--EDUCATIONAL, CULTURAL, AND PUBLIC
DIPLOMACY AUTHORITIES
* * * * * * *
SEC. 224. ADVISORY COMMITTEE ON CULTURAL DIPLOMACY.
(a) Establishment.--* * *
* * * * * * *
(j) Termination.--The Advisory Committee shall terminate
September 30, [2005] 2007.
* * * * * * *
TITLE IV--INTERNATIONAL ORGANIZATIONS
* * * * * * *
[SEC. 408. UNITED STATES MEMBERSHIP ON THE UNITED NATIONS COMMISSION ON
HUMAN RIGHTS AND INTERNATIONAL NARCOTICS CONTROL
BOARD.]
SEC. 408. MEMBERSHIP ON UNITED NATIONS COMMISSIONS AND COUNCILS AND THE
INTERNATIONAL NARCOTICS CONTROL BOARD.
The United States, in connection with its voice and vote in
the United Nations General Assembly and the United Nations
Economic and Social Council, shall make every reasonable
effort--
(1) to secure a seat for the United States on the
United Nations Commission on Human Rights;
(2) to secure a seat for a United States national on
the United nations International Narcotics Control
Board; [and]
[(3) to prevent membership on the Human Rights
Commission by any member nation the government of
which, in the judgment of the Secretary, based on the
Department's Annual Country Reports on Human Rights and
the Annual Report on International Report on
International Religious Freedom, consistently violates
internationally recognized human rights or has engaged
in or tolerated particularly severe violations of
religious freedom in that country.]
(3) to prevent membership on the United Nations
Commission on Human Rights or the United Nations
Security Council by--
(A) any member nation the government of
which, in the judgment of the Secretary, based
on the Department's Annual Country Reports on
Human Rights and the Annual Report on
International Report on Religious Freedom,
consistently violates internationally
recognized human rights or has engaged in or
tolerated particularly severe violations of
religious freedom in that country; or
(B) any member nation the government of
which, as determined by the Secretary--
(i) is a sponsor of terrorism; or
(ii) is the subject of United Nations
sanctions; and
(4) to advocate that the government of any member
nation that the Secretary determines is a sponsor of
terrorism or is the subject of United Nations sanctions
is not elected to a leadership position in the United
Nations General Assembly, the United Nations Commission
on Human Rights, the United Nations Security Council,
or any other entity of the United Nations.
* * * * * * *
SEC. 694. REPORTS ON ACTIVITIES IN COLOMBIA.
(a) * * *
* * * * * * *
(c) Report Consolidation.--The Secretary may satisfy the
annual reporting requirements of this section by incorporating
the required information with the annual report submitted
pursuant to section 489(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2291h(a)).
* * * * * * *
TITLE XVI--MISCELLANEOUS PROVISIONS
SEC. 1601. NUCLEAR AND MISSILE NONPROLIFERATION IN SOUTH ASIA.
(a) United States Policy.--
* * * * * * *
[(c) Report.--Not later than March 1, 2003, the President
shall submit to the appropriate congressional committees a
report describing United States efforts to achieve the
objectives listed in subsections (a) and (b), the progress made
toward the achievement of those objectives, and the likelihood
that each objective will be achieved by September 30, 2003.]
(c) Report.--The report required to be submitted to Congress
not later than April 1, 2005 pursuant to section 620F(c) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2376(c)) shall
include a description of the efforts of the United States
Government to achieve the objectives described in subsections
(a) and (b), the progress made toward achieving such
objectives, and the likelihood that such objectives will be
achieved by September 30, 2005.
* * * * * * *
Foreign Relations Authorization Act,
Fiscal Year 1998-1999
* * * * * * *
TITLE XXIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF
STATE PERSONNEL; THE FOREIGN SERVICE
CHAPTER 2--PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE
SEC. 2311. FOREIGN SERVICE REFORM.
(a) Performance Pay.-- * * *
* * * * * * *
(b) Expedited Separation Out.--
(1) Separation of lowest ranked foreign service
members.--[Not later than 90 days after the date of
enactment of this Act, the] The Secretary of State
shall develop and implement procedures to identify, and
recommend for separation, any member of the Foreign
Service ranked by promotion boards of the Department of
State in the bottom [5 percent] 2 percent of his or her
class [for 2 or more of the 5 years preceding the date
of enactment of this Act] at least twice in any 5-year
period (in this subsection referred to as the ``years
of lowest ranking'') if the rating official for such
member was not the same individual for any two of the
years of lowest ranking.
* * * * * * *
Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995
TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES
* * * * * * *
PART B--AUTHORITIES AND ACTIVITIES
* * * * * * *
SEC. 140. VISAS.
(A) Surcharge for Processing Certain Visas.--
(1) Notwithstaning any other provision of law, the
Secretary of State is authorized to charge a fee or
surcharge for processing machine readable nonimmigrant
visas and machine readable combined border crossing
indentification cards and nonimmigrant visas.
(2) Fees collected under the authority of paragraph
(1) shall be deposited as an offsetting collection to
any Department of State appropriation, to recover the
costs of providing consular services. Such fees shall
remain available for obligation until expended and
shall not be transferred to any other agency, except
that funds may be transferred by the Secretary for the
procurement of goods and services from other
departments or agencies pursuant to section 1535 of
title 31, United States Code.
* * * * * * *
SEC. 404. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEPING
OPERATIONS.
* * * * * * *
(b) Limitation on United States Contributions.-- * * *
(1) * * *
(2) Subsequent fiscal years.-- * * *
* * * * * * *
(B) Reduction in united states share of assessed
contributions.-- * * *
(i)-(iv) * * *
(v) For assessments made during a calendar
year after calendar year 2004, 27.40 percent.
* * * * * * *
Sec. 527.--Expropriation of United States Property.--(a)
Prohibition.-- * * *
* * * * * * *
(h) Definitions.-- * * *
(i) Certain Claims for Expropriation by the Government of
Nicaragua.--
(1) Matters not to be considered.--Any action
described in subsection (a)(1) that was taken by the
Government of Nicaragua during the period beginning on
January 1, 1956, and ending on January 9, 2002, may not
be considered in implementing the prohibition under
subsection (a) unless the action has been presented in
accordance with the procedure set forth in paragraph
(2).
(2) Actions presented.--An action shall be deemed
presented for purposes of paragraph (1) if, not later
than 120 days after the date prescribed under paragraph
(3), a written description of the action is--
(A) submitted to the Secretary of State by a
United States person; and
(B) received by the Department of State at--
(i) the headquarters of the
Department of State in Washington,
District of Columbia; or
(ii) the Embassy of the United States
of America to Nicaragua.
(3) Time for presentation.--The Secretary of State
shall prescribe the date on which the presentation
deadline is based for the purposes of paragraph (2) and
shall publish a notice of such date in the Federal
Register. The prescribed date may be any date selected
by the Secretary in the Secretary's sole discretion,
except that such date may not be the date on which this
subsection takes effect or any date before such
effective date.
* * * * * * *
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2001
* * * * * * *
SEC. 801. DEBT RELIEF UNDER THE HEAVILY INDEBTED POOR COUNTRIES (HIPC)
INITIATIVE.
(a) * * *
(b) Contributions to HIPC Trust Fund.--
[(1) Authorization of appropriations for
contributions.--There is authorized to be appropriated
for the period beginning October 1, 2000, and ending
September 30, 2003, $435,000,000 for purposes of United
States contributions to the Heavily Indebted Poor
Countries (HIPC) Trust Fund administered by the Bank.]
(1) Authorization of appropriations for
contributions.--There is authorized to be appropriated
for purposes of United States contributions to the
Heavily Indebted Poor Countries (HIPC) Trust Fund
administered by the Bank amounts as follows:
(A) For the period beginning October 1, 2000,
and ending September 30, 2003, $435,000,000.
(B) For the period beginning October 1, 2004,
and ending September 30, 2006, $75,000,000.
* * * * * * *
Millennium Challenge Act of 2003
* * * * * * *
SEC. 616. ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES.
(a) Authorization.--
* * * * * * *
[(d) Funding.--Not more than 10 percent of the amount
appropriated pursuant to the authorization of appropriations
under section 619(a) for fiscal year 2004 is authorized to be
made available to carry out this section.]
(d) Funding.--Amounts may be available to carry out this
subsection as follows:
(1) Not more than 10 percent of the amount
appropriated pursuant to the authorization of
appropriations under section 619(a) for fiscal year
2004 is authorized to be made available to carry out
this section.
(2) Not more than 10 percent of the amount
appropriated pursuant to the authorization of
appropriations under section 619(a) for fiscal year
2005 is authorized to be made available to carry out
this section.
* * * * * * *
SEC. 619. AUTHORIZATION OF APPROPRIATIONS.
[(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this title such sums as may be
necessary for each of the fiscal years 2004 and 2005.]
(a) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this title--
(1) such sums as may be necessary for fiscal year
2004; and
(2) $2,000,000,000 for fiscal year 2005.
* * * * * * *
Asia Foundation Act
* * * * * * *
FUNDING
[Sec. 404. Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of State
$15,000,000 for each of the fiscal years 2000 and 2001 for
grants to The Asia Foundation pursuant to this title.]
Sec. 404. There are authorized to be appropriated to the
Secretary of State $8,880,000 for the fiscal year 2005 for
grants to The Asia Foundation pursuant to this title.
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2001
* * * * * * *
SEC. 801. DEBT RELIEF UNDER THE HEAVILY INDEBTED POOR COUNTRIES (HIPC)
INITIATIVE.
(a) * * *
(b) Contributions to HIPC Trust Fund.--
[(1) Authorization of appropriations for
contributions.--There is authorized to be appropriated
for the period beginning October 1, 2000, and ending
September 30, 2003, $435,000,000 for purposes of United
States contributions to the Heavily Indebted Poor
Countries (HIPC) Trust Fund administered by the Bank.]
(1) Authorization of appropriations for
contributions.--There is authorized to be appropriated
for purposes of United States contributions to the
Heavily Indebted Poor Countries (HIPC) Trust Fund
administered by the Bank amounts as follows:
(A) For the period beginning October 1, 2000,
and ending September 30, 2003, $435,000,000.
(B) For the period beginning October 1, 2004,
and ending September 30, 2006, $75,000,000.
* * * * * * *
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004
* * * * * * *
POST DIFFERENTIALS AND DANGER PAY ALLOWANCES
Sec. 591. (a) * * *
* * * * * * *
[(c) Except for employees of the United States Agency for
International Development stationed in Iraq and Afghanistan,
the amendments made by subsections (a) and (b) shall not take
effect until the same authority is enacted for employees of the
Department of State.]
* * * * * * *
United States Code
TITLE 1--GENERAL PROVISIONS
CHAPTER 2--ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS;
SEALING OF INSTRUMENTS
* * * * * * *
SEC. 112B.--UNITED STATES INTERNATIONAL AGREEMENTS; TRANSMISSION TO
CONGRESS.
(a) The Secretary of State shall transmit to the [Congress]
Committee on Foreign Relations of the Senate and the Committee
on International Relations of the House of Representatives the
text of any international agreement (including the text of any
oral international agreement, which agreement shall be reduced
to writing), other than a treaty, to which the United States is
a party as soon as practicable after such agreement has entered
into force with respect to the United States but in no event
later than sixty days thereafter. [However, any] Any such
agreement the immediate public disclosure of which would, in
the opinion of the President, be prejudicial to the national
security of the United States [shall not be so transmitted to
the Congress but shall be transmitted to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives] shall be transmitted
under an appropriate injunction of secrecy to be removed only
upon due notice from the President. Any department or agency of
the United States Government which enters into any
international agreement on behalf of the United States shall
transmit to the Department of State the text of such agreement
not later than twenty days after such agreement has been
signed.
(b) Not later than March 1, 1979, and at yearly intervals
thereafter, [the President shall, under his own signature,] the
Secretary shall transmit to the [Speaker of the House of
Representatives and the chairman of the] Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representativesa report with respect
to each international agreement which, during the preceding
year, was transmitted to the [Congress] such Committees after
the expiration of the 60-day period referred to in the first
sentence of subsection (a), describing fully and completely the
reasons for the late transmittal.
* * * * * * *
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 7--ASSAULT
* * * * * * *
SEC. 117. INTERFERENCE WITH CERTAIN PROTECTIVE FUNCTIONS.
Whoever knowingly and willfully obstructs, resists, or
interferes with a Federal law enforcement agent engaged, within
the United States or the special maritime territorial
jurisdiction of the United States, in the performance of the
protective functions authorized by section 37 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2709) or
section 103 of the Diplomatic Security Act (22 U.S.C. 4802)
shall be fined under this title or imprisoned not more than one
year, or both.
* * * * * * *
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
CHAPTER 59--ALLOWANCES
* * * * * * *
SUBCHAPTER III--OVERSEAS DIFFERENTIALS AND ALLOWANCES
* * * * * * *
SEC. 5924. COST-OF-LIVING ALLOWANCES.
* * * * * * *
(A) An allowance not to exceed the cost of obtaining
such kindergarten, elementary and secondary educational
services as are ordinarily provided without charge by
the public schools in the United States (including
activities required for successful completion of a
grade or course and such educational services as are
provided by the States under the Individuals with
Disabilities Education Act), plus, in those cases when
adequate schools are not available at the post of the
employee, board and room, and periodic transportation
between that post and the school chosen by the
employee, [not to exceed the total cost to the
Government of the dependent attending an adequate
school in the nearest locality where an adequate school
is available] subject to the approval of the head of
the agency involved, without regard to section 3324(a)
and (b) of title 31. When travel from school to post is
infeasible, travel may be allowed between the school
attended and the home of a designated relative or
family friend or to join a parent at any location, with
the allowable travel expense not to exceed the cost of
travel between the school and the post. The amount of
the allowance granted shall be determined on the basis
of the educational facility used.
[(B) The travel expenses of dependents of an employee
to and from a school in the United States (or to and
from a school outside the United States if the
dependent is attending that school for less than one
year under a program approved by the school in the
United States at which the dependent is enrolled, with
the allowable travel expense not to exceed the cost of
travel to and from the school in the United States) to
obtain an American secondary or postsecondary
educational institution education (other than a program
of post-baccalaureate education), not to exceed one
annual trip each way for each dependent. At the
election of the employee, in lieu of the transportation
of the baggage of a dependent from the dependent's
school, the costs incurred to store the baggage at or
in the vicinity of the school during the dependent's
annual trip between the school and the employee's duty
station may be paid or reimbursed to the employee,
except that the amount of the payment or reimbursement
may not exceed the cost that the Government would incur
to transport the baggage. An allowance payment under
subparagraph (A) of this paragraph (4) may not be made
for a dependent during the 12 months following his
arrival in the United States for secondary education
under authority contained in this subparagraph (B).
Notwithstanding section 5921(6) of this title, travel
expenses, for the purpose of obtaining postsecondary
educational institution education (other than a program
of post-baccalaureate education), may be authorized
under this subparagraph (B), under such regulations as
the President may prescribe, for dependents of
employees who are citizens of the United States
stationed in the Canal Zone. For the purposes of this
subparagraph, the term ``educational institution'' has
the meaning defined under section 1701(a)(6) of title
38.]
(B) The travel expenses of dependents of an employee
to and from a secondary, post-secondary, or post-
baccalaureate educational institution, not to exceed 1
annual trip each way for each dependent, except that an
allowance payment under subparagraph (A) of this
paragraph may not be made for a dependent during the 12
months following the arrival of the dependent at the
selected educational institution under authority
contained in this subparagraph.
* * * * * * *
(D) Allowances provided pursuant to subparagraphs (A)
and (B) may include, at the election of the employee,
payment or reimbursement of the costs incurred to store
baggage for the employee's dependent at or in the
vicinity of the dependent's school during the
dependent's annual trip between the school and the
employee's duty station, except that such payment or
reimbursement may not exceed the cost that the
Government would incur to transport the baggage with
the dependent in connection with the annual trip, and
such payment or reimbursement shall be in lieu of
transportation of the baggage.
* * * * * * *
SEC. 5925. POST DIFFERENTIALS.
(a) A post differential may be granted on the basis of
conditions of environment which differ substantially from
conditions of environment in the continental United States and
warrant additional pay as a recruitment and retention
incentive. A post differential may be granted to an employee
officially stationed in the United States who is on extended
detail in a foreign area. A post differential under this
subsection may not exceed [25 percent of the rate of basic pay
or, in the case of an employee of the United States Agency for
International Development,] 35 percent of the rate of basic
pay.
* * * * * * *
SEC. 5928. DANGER PAY ALLOWANCE.
An employee serving in a foreign area may be granted a
danger pay allowance on the basis of civil insurrection, civil
war, terrorism, or wartime conditions which threaten physical
harm or imminent danger to the health or well-being of the
employee. A danger pay allowance may not exceed [25 percent of
the basic pay of the employee, or 35 percent of the basic pay
of the employee in the case of an employee of the United States
Agency for International Development] 35 percent of the basic
pay of the employee, except that if an employee is granted an
additional differential under section 5925(b) of this title
with respect to an assignment, the sum of that additional
differential and any danger pay allowance granted to the
employee with respect to that assignment may not exceed [25
percent of the basic pay of the employee or 35 percent of the
basic pay of the employee in the case of an employee of the
United States Agency for International Development] 35 percent
of the basic pay of the employee. The presence of nonessential
personnel or dependents shall not preclude payment of an
allowance under this section. In each instance where an
allowance under this section is initiated or terminated, the
Secretary of State shall inform the Speaker of the House of
Representatives and the Committee on Foreign Relations of the
Senate of the action taken and the circumstances justifying it.
* * * * * * *
SUBPART G--INSURANCE AND ANNUITIES
CHAPTER 83--RETIREMENT
SUBCHAPTER III--CIVIL SERVICE RETIREMENT
SEC. 8332. CREDITABLE SERVICE.
(a) The total service of an employee or Member is the full
years and twelfth parts thereof, excluding from the aggregate
the fractional part of a month, if any.
(b) The service of an employee shall be credited from the
date of original employment to the date of separation on which
title to annuity is based in the civilian service of the
Government. Except as provided in paragraph (13) of this
subsection, credit may not be allowed for a period of
separation from the service in excess of 3 calendar days. The
service includes--
* * * * * * *
(11) subject to sections 8334(c) and 8339(i) of this
title, service in any capacity of at least 130 days (or
its equivalent) per calendar year performed after July
1, 1946, for the National Committee for a Free Europe;
Free Europe Committee, Incorporated; Free Europe,
Incorporated; Radio Liberation Committee; Radio Liberty
Committee; subdivisions of any of those organizations;
Radio Free Europe/Radio Liberty, Incorporated, Radio
Free Asia; the Asia Foundation; Middle East
Broadcasting Network or the Armed Forces Network,
Europe (AFN-E), but only if such service is not
credited for benefits under any other retirement system
which is established for such entities and funded in
whole or in part by the Government and only if the
individual later becomes subject to this subchapter;
* * * * * * *
United Nations Participation Act of 1945
* * * * * * *
[Sec. 9. The Secretary of State may, under such regulations
as he shall prescribe, and notwithstanding section 3648 of the
Revised Statutes (31 U.S.C. 529) and section 5536 of title 5,
United States Code:
[(1) Make available to the Representative of the
United States to the United Nations and the Deputy
Permanent Representative of the United States to the
United Nations living quarters leased or rented by the
United States (for periods not exceeding ten years) and
allowances for unusual expenses incident to the
operation and maintenance of such living quarters
similar to those and to be considered for all purposes
as authorized by section 22 of the Administrative
Expenses Act of 1946, as amended by section 311 of the
Overseas Differentials and Allowances Act.
[(2) Make available in New York to no more than 30
foreign service employees of the staff of the United
States Mission to the United Nations, other
representatives, and no more than two employees who
serve at the pleasure of the Representative, living
quarters leased or rented by the United States (for
periods not exceeding ten years). The number of
employees to which such quarters will be made available
shall be determined by the Secretary and shall reflect
a significant reduction over the number of persons
eligible for housing benefits as of the date of
enactment of this provision. No employee may occupy a
unit under this provision if the unit is owned by the
employee. The Secretary shall require that each
employee occupying housing under this subsection
contribute to the Department of State a percentage of
his or her base salary, in an amount to be determined
by the Secretary of State toward the cost of such
housing. The Secretary may reduce such payments to the
extent of income taxes paid on the value of the leased
or rented quarters any payments made by employees to
the Department of State for occupancy by them of living
quarters leased or rented under this section shall be
credited to the appropriation, fund, or account
utilized by the Secretary of State for such lease or
rental or to the appropriation, fund, or account
currently available for such purpose.
[(3) provide such allowance as the Secretary
considers appropriate, to each Delegate and Alternate
Delegate of the United States to any session of the
General Assembly of the United Nations who is not a
permanent member of the staff of the United States
Mission to the United Nations, in order to compensate
each such Delegate or Alternate Delegate for necessary
housing and subsistence expenses incurred by him with
respect to attending any such session.
[(4) The Inspector General shall review the program
established by this section no later than December 1989
and periodically thereafter with a view to increasing
cost savings and making other appropriate
recommendations.]
Sec. 9. (a) The Secretary of State may, under such
regulations as the Secretary shall prescribe, and
notwithstanding subsections (a) and (b) of section 3324 of
title 31, United States Code, and section 5536 of title 5,
United States Code--
(1) make available to the Permanent Representative of
the United States to the United Nations and the Deputy
Permanent Representative of the United States to the
United Nations--
(A) living quarters leased or rented by the
United States for a period that does not exceed
10 years; and
(B) allowances for unusual expenses incident
to the operation and maintenance of such living
quarters that are similar to expenses
authorized to be funded by section 5913 of
title 5, United States Code;
(2) make available living quarters in New York leased
or rented by the United States for a period of not more
than 10 years to--
(A) not more than 40 members of the Foreign
Service assigned to the United States Mission
to the United Nations or other United States
representatives to the United Nations; and
(B) not more than 2 employees who serve at
the pleasure of the Permanent Representative of
the United States to the United Nations; and
(3) provide an allowance, as the Secretary considers
appropriate, to each Delegate and Alternate Delegate of
the United States to any session of the General
Assembly of the United Nations who is not a permanent
member of the staff of the United States Mission to the
United Nations, in order to compensate each such
Delegate or Alternate Delegate for necessary housing
and subsistence expenses with respect to attending any
such session.
(b) The Secretary may not make available living quarters or
allowances under subsection (a) to an employee who is occupying
living quarters that are owned by such employee.
(c) Living quarters and allowances provided under
subsection (a) shall be considered for all purposes as
authorized--
(1) by chapter 9 of title I of the Foreign Service
Act of 1980; and
(2) by section 5913 of title 5, United States Code.
(d) The Inspector General for the Department of State and
the Broadcasting Board of Governors shall periodically review
the administration of this section with a view to achieving
cost savings and developing appropriate recommendations to make
to the Secretary of State regarding the administration of this
section.
* * * * * * *
The Peace Corps Act
* * * * * * *
TITLE I--THE PEACE CORPS
* * * * * * *
PEACE CORPS AS AN INDEPENDENT AGENCY
Sec. 2A. Effective on the date of the enactment of the
International Security and Development Cooperation Act of 1981,
the Peace Corps shall be an independent agency within the
executive branch and shall not be an agency within the ACTION
Agency, the successor to the ACTION Agency, or any other
department or agency of the United States. As the Peace Corps
is an independent agency, all recruiting of volunteers shall be
undertaken primarily by the Peace Corps.
AUTHORIZATION
Sec. 3. (a) The President is authorized to carry out
programs in furtherance of the purposes of this Act, on such
terms and conditions as he may determine.
(b)(1) There are authorized to be appropriated to carry out
the purposes of this Act [$270,000,000 for fiscal year 2000,
$298,000,000 for fiscal year 2001, $327,000,000 for fiscal year
2002, and $365,000000 for fiscal year 2003,] $359,000,000 for
fiscal year 2004, $351,000,000 for fiscal year 2005,
$443,000,000 for fiscal year 2006, and $485,000,000 for fiscal
year 2007.
* * * * * * *
PEACE CORPS VOLUNTEERS
Sec. 5.(a) * * *
* * * * * * *
(c) Volunteers shall be entitled to receive a readjustment
allowance at a rate not less than [$125] $275 for each month of
satisfactory service as determined by the President. The
readjustment allowance of each volunteer shall be payable on
his return to the United States: Provided, however, That, under
such circumstances as the President may determine, the accrued
readjustment allowance, or any part thereof, may be paid to the
volunteer, members of his family or others, during the period
of his service, or prior to his return to the United States. In
the event of the volunteer's death during the period of his
service, the amount of any unpaid readjustment allowance shall
be paid in accordance with the provisions of section 5582(b) of
title 5, United States Code. For purposes of the Internal
Revenue Code of 1954 (26 U.S.C.), a volunteer shall be deemed
to be paid and to receive each amount of a readjustment
allowance to which he is entitled after December 31, 1964, when
such amount is transferred from funds made available under this
Act to the fund from which such readjustment allowance is
payable.
* * * * * * *
(g) The President may detail or assign volunteers or
otherwise make them available to any entity referred to in
paragraph (1) of section 10(a) on such terms and conditions as
he may determine: Provided, That such detail or assignment does
not contradict the standing of Peace Corps volunteers as being
independent: Provided further, That not to exceed two hundred
volunteers may be assigned to carry out secretarial or clerical
duties on the staffs of the Peace Corps representatives abroad:
Provided, however, That any volunteer so detailed or assigned
shall continue to be entitled to the allowances, benefits and
privileges of volunteers authorized under or pursuant to this
Act.
* * * * * * *
PEACE CORPS VOLUNTEER LEADERS
Sec. 6. The President may enroll in the Peace Corps
qualified citizens or nationals of the United States whose
services are required for supervisory or other special duties
or responsibilities in connection with programs under this Act
(referred to in this Act as ``volunteer leaders''). The ratio
of the total number of volunteer leaders to the total number of
volunteers in service at any one time shall not exceed one to
twenty-five. Except as otherwise provided in this Act, all of
the provisions of this Act applicable to volunteers shall be
applicable to volunteer leaders, and the term ``volunteers''
shall include ``volunteer leaders'': Provided, however, That--
(1) volunteer leaders shall be entitled to receive a
readjustment allowance at a rate not less than [$125]
$275 for each month of satisfactory service as
determined by the President;
* * * * * * *
REPORTS
[Sec. 11. The President shall transmit to the Congress, at
least once in each fiscal year, a report on operations under
this Act. Each report shall contain information describing
efforts undertaken to improve coordination of activities of the
Peace Corps with activities of international voluntary service
organizations, such as the United Nations volunteer program,
and of host country voluntary service organizations,
including--
[(1) a description of the purpose and scope of any
development project which the Peace Corps undertook
during the preceding fiscal year as a joint venture
with any such international or host country voluntary
service organizations; and
[(2) recommendations for improving coordination of
development projects between the Peace Corps and any
such international or host country voluntary service
organizations.
[The President shall also include in the report a
description of any plans to carry out the policy set forth in
section 2(b) of this Act.]
SEC. 11. ANNUAL REPORTS; CONSULTATIONS ON NEW INITIATIVES.
(A) Annual Reports.--The Director shall transmit to
Congress, at least once in each fiscal year, a report on
operations under this Act. Each report shall contain--
(1) a description of efforts undertaken to improve
coordination of activities of the Peace Corps with
activities of international voluntary service
organizations, such as the United Nations volunteer
program, and of host country voluntary service
organizations, including--
(A) a description of the purpose and scope of
any development project which the Peace Corps
undertook during the preceding fiscal year as a
joint venture with any such international or
host country voluntary service organizations;
and
(B) recommendations for improving
coordination of development porjects between
the Peace Corps and any such international or
host country voluntary service organizations;
(2) a description of--
(A) any major new initiatives that the Peace
Corps has under review for the upcoming fiscal
year, and any major initiatives that were
undertaken in the provious fiscal year that
were not included in prior reports to Congress;
(B) the rationale for undertaking such new
initiatives;
(C) an estimate of the cost of such
initiatives; and
(D) any impact such initiatives may have on
the safety of volunteers; and
(3) a description of standard security procedures for
any country in which the Peace Corps operates programs
or is considering doing so, as well as any special
security procedures contemplated because of changed
circumstances in specific countries, and assessing
whether security conditions would be enhanced--
(A) by colocating volunteers with
international or local nongovernmental
organizations; or
(B) with the placement of multiple volunteers
in one location.
(b) Consultations on New Initiatives.--The Director of the
Peace Corps should consult with the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives with respect to any
major new initiatives not previously discussed in the latest
annual report submitted to Congress under subsection (a) or in
budget presentations. Whenever possible, such consultations
should take place prior to the initiation of such initiatives,
but in any event as soon as is practicable thereafter.
PEACE CORPS NATIONAL ADVISORY COUNCIL
Sec. 12. (a) Establishment.--* * *
* * * * * * *
(b) Functions.--
(1) * * *
(2) Members of the Council shall (subject to
subsection (d)(1) of this section) conduct on-site
inspections, and make examinations, of the activities
of the Peace Corps in the United States and in other
countries in order to--
(A)* * *
* * * * * * *
[(D) make such other evaluations, assessments, and
recommendations as the Council considers appropriate.]
(D) make recommendations for utilizing the expertise
of returned Peace Corps volunteer in fulfilling the
goals of the Peace Corps.
(3) The Council may provide for public participation in its
activities.
(c) Membership.--(1) Persons appointed as members of the
Council shall be broadly representative of the general public,
including educational institutions, private volunteer agencies,
private industry, farm organizations, labor unions, different
regions of the United States, different educational, economic,
racial, and national backgrounds and age groupings, and both
sexes.
(2)(A) The Council shall consist of [fifteen] seven voting
members who shall be appointed by the President, by and with
the advice and consent of the Senate. [At least seven of such
members shall be former Peace Corps volunteers, and not more
than eight of such members shall be members of the same
political party.] Four of the members shall be former Peace
Corps volunteers, at least one of whom shall have been a former
staff member abroad or in the Washington headquarters, and not
more than four shall be members of the same political party.
[(B) The first appointments of members of the Council under
this paragraph shall be made not more than sixty days after the
date of the enactment of this section and, solely for purposes
of determining the expiration of their terms, shall be deemed
to take effect on the sixtieth day after such date of
enactment.]
[(C)] (B) No member appointed under this paragraph may be
an officer or employee of the United States Government.
[(D) Of the members initially appointed under this
paragraph, eight shall be appointed to 1-year terms and seven
shall be appointed to 2-year terms. Thereafter, all appointed
members shall be appointed to 2-year terms.]
[(D)] (C) The members of the Council shall be appointed for
2-year terms.
[(E)] (D) A member of the Council appointed to fill a
vacancy occurring before the expiration of the term for which
the member's predecessor was appointed shall be appointed only
for the remainder of that term.
[(F)] (E) No member of the Council may serve for more than
two consecutive 2-year terms.
[(G)] (F) Members of the Council shall serve at the
pleasure of the President.
[(H) An appointed member of the Council may be removed by a
vote of nine members for malfeasance in office, for persistent
neglect of or inability to discharge duties, or for offenses
involving moral turpitude, and for no other cause.]
[(I)] (G) Within thirty days after any vacancy occurs in
the office of an appointed member of the Council, the President
shall nominate an individual to fill the vacancy.
* * * * * * *
[(g) Chair and Vice Chair.--At its first meeting and at its
first regular meeting in each calendar year thereafter, the
Council shall elect a Chair and Vice Chair from among its
appointed members who are citizens of the United States. The
Chair and Vice Chair may not both be members of the same
political party.]
(g) Chair.--The President shall designate one of the voting
members of the Council as Chair, who shall serve in that
capacity for a period not to exceed two years.
[(h) Meetings, Bylaws, and Regulations.--(1) The Council
shall hold a regular meeting during each calendar quarter and
shall meet at the call of the President, the Director of the
Peace Corps, the Council's Chair, or one-fourth of its members.
[(2) The Council shall prescribe such bylaws and
regulations as it considers necessary to carry out its
functions. Such bylaws and regulations shall include procedures
for fixing the time and place of meetings, giving or waiving of
notice of meetings, and keeping of minutes of meetings.]
(h) Meetings.--The Council shall hold a regular meeting
during each calendar quarter at a date and time to be
determined by the Chair of the Council.
[(i) Reports to the President and the Director.--Not later
than January 1, 1988, and not later than January 1 of each
second year thereafter, the Council shall submit to the
President and the Director of the Peace Corps a report on its
views on the programs and activities of the Peace Corps. Each
report shall contain a summary of the advice and
recommendations provided by the Council to the President and
the Director during the period covered by the report and such
recommendations (including recommendations for administrative
or legislative action) as the Council considers appropriate to
make to the Congress. Within ninety days after receiving each
such report, the President shall submit to the Congress a copy
of the report, together with any comments concerning the report
that the President or the Director considers appropriate.]
(i) Report.--Not later than July 30 of each year, the
Council shall submit a report to the President and the Director
of the Peace Corps describing how the Council has carried out
its functions under subsection (b)(2).
* * * * * * *
Foreign Assistance Act of 1969
* * * * * * *
PART IV--THE INTER-AMERICAN FOUNDATION ACT
* * * * * * *
Sec. 401. Inter-American Foundation.--(a) * * *
* * * * * * *
[(s)(1) Notwithstanding any other provision of law, not to
exceed an aggregate amount of $50,000,000 of the funds made
available for the fiscal years 1970 and 1971 to carry out part
I of the Foreign Assistance Act of 1961 shall be available to
carry out the purposes of this section. Funds made available to
carry out the purposes of this section under the preceding
sentence are authorized to reain available until expended.
[(2) There are authorized to be appropriated $28,800,000
for the fiscal year 1992 and $31,000,000 for the fiscal year
1993 to carry out this section.]
(s) There is authorized to be appropriated $15,185,000 for
fiscal year 2005 to carry out this section. Amounts
appropriated pursuant to the authorization in this subsection
are authorized to remain available until expended.
* * * * * * *
Security Assistance Act of 2000
* * * * * * *
SEC. 513. ASSISTANCE FOR ISRAEL.
(a) Definitions.-- * * *
* * * * * * *
(b) ESF Assistance.--
(1) In general.--Of the amounts made available for
[each of the fiscal years 2002 and 2003] fiscal year
2005 for ESF assistance, the amount specified in
paragraph (2) for [each such] such fiscal year is
authorized to be made available for Israel. Such funds
are authorized to be made available on a grant basis as
a cash transfer.
* * * * * * *
(c) FMF Program.--
(1) In general.--Of the amount made available for
[each of the fiscal years 2002 and 2003] fiscal year
2005 for assistance under the Foreign Military
Financing Program, the amount specified in paragraph
(2) for [each such] such fiscal year is authorized to
be made available on a grant basis for Israel.
(2) Computation of amount.--Subject to subsection
(d), the amount referred to in paragraph (1) is equal
to--
(A) the amount made available for assistance
under the Foreign Military Financing Program
for Israel for the preceding fiscal year, plus
(B) $60,000,000.
(3) Disbursement of funds.--[Funds authorized to be
available for Israel under subsection (b)(1) and
paragraph (1) of this subsection for fiscal years 2002
and 2003 shall be disbursed not later than 30 days
after the date of the enactment of an Act making
appropriations for foreign operations, export
financing, and related programs for fiscal year 2001,
or October 31, 2000, whichever date is later] Funds
authorized to be available for Israel under subsection
(b)(1) and paragraph (1) for fiscal year 2005 shall be
disbursed not later than 30 days after the date of the
enacment of an Act making appropriations for foreign
operations, export financing, and related programs for
fiscal year 2005, or October 31, 2004, whichever is
later.
(4) Availability of funds for advanced weapons
systems.--To the extent the Government of Israel
requests that funds be used for such purposes, grants
made available for Israel out of funds authorized to be
available under paragraph (1) for Israel for [fiscal
years 2002 and 2003] fiscal year 2005 shall, as agreed
by Israel and the United States, be available for
advanced weapons systems, of which not less than
[$535,000,000 for fiscal year 2002 and not less that
$550,000,000 for fiscal year 2003] $580,000,000 shall
be available for the procurement in Israel of defense
articles and defense services, including research and
development.
(d) Exclusion of Rescissions and Supplemental
Appropriations.--For purposes of this section, the computation
of amounts made available for a fiscal year shall not take into
account any amount rescinded by an Act or any amount
appropriated by an Act making supplemental appropriations for a
fiscal year.
* * * * * * *
SEC. 514. ASSISTANCE FOR EGYPT.
(a) Definitions.-- * * *
* * * * * * *
(b) ESF Assistance.--
(1) In general.--Of the amounts made available for
[each of the fiscal years 2002 and 2003] fiscal year
2005 for ESF assistance, the amount specified in
paragraph (2) for [each such] such fiscal year is
authorized to be made available for Egypt.
* * * * * * *
(2) Computation of amount.--Subject to subsection
(d), the amount referred to in paragraph (1) is equal
to--
(A) the amount made available for ESF
assistance for Egypt during the preceding
fiscal year, minus
(B) $40,000,000.
(c) FMF Program.--Of the amount made available [for each of
the fiscal years 2001 and 2002] for fiscal year 2005 for
assistance under the Foreign Military Financing Program,
$1,300,000,000 is authorized to be made available on a grant
basis for Egypt.
(d) Exclusion of Rescissions and Supplemental
Appropriations.--For purposes of this section, the computation
of amounts made available for a fiscal year shall not take into
account any amount rescinded by an Act or any amount
appropriated by an Act making supplemental appropriations for a
fiscal year.
(e) Disbursement of Funds.--[Funds estimated to be outlayed
for Egypt under subsection (c) during fiscal years 2002 and
2003 shall be disbursed to an interest-bearing account for
Egypt in the Federal Reserve Bank of New York not later than 30
days after the date of enactment of an Act making
appropriations for foreign operations, export financing, and
related programs for fiscal year 2002, and not later than 30
days after the date of enactment of an Act making
appropriations for foreign operations, export financing, and
related programs for fiscal year 2003, or by October 31 of the
respective fiscal year, whichever is later] Funds estimated to
be outlayed for Egypt under subsection (c) during fiscal year
2005 shall be disbursed to an interest-bearing account for
Egypt in the Federal Reserve Bank of New York not later than 30
days after the date of the enactment of an Act making
appropriations for foreign operations, export financing, and
related programs for fiscal year 2005, or by October 31, 2004,
whichever is later, provided that--
(1) withdrawal of funds from such account shall be
made only on authenticated instructions from the
Defense Finance and Accounting Service of the
Department of Defense;
(2) in the event such account is closed, the balance
of the account shall be transferred promptly to the
appropriations account for the Foreign Military
Financing Program; and
(3) none of the interest accrued by such account
should be obligated unless the Committee on
Appropriations and the Committee on Foreign Relations
of the Senate and the Committee on Appropriations and
the Committee on International Relations of the House
of Representatives are notified.
* * * * * * *
International Security and Development Cooperation Act of 1980
* * * * * * *
TITLE V--AFRICAN DEVELOPMENT FOUNDATION
* * * * * * *
AUTHORIZATIONS OF APPROPRIATIONS
Sec. 510. There are authorized to be appropriated to carry
out this title, in addition to amounts otherwise available for
that purpose, [$3,872,000 for fiscal year 1986 and $3,872,000
for fiscal year 1987] $17,000,000 for fiscal year 2005. Funds
appropriated under this section are authorized to reamin
available until expended.
* * * * * * *
An Act to Authorize the President to Exercise Waivers of Foreign
Assistance Restrictions with Respect to Pakistan Through September 30,
2003, and for Other Purposes.
SECTION 1. EXEMPTIONS AND WAIVER OF APPROPRIATIONS ACT PROHIBITIONS
WITH RESPECT TO PAKISTAN.
(a) * * *
* * * * * * *
(b) Fiscal Year [2004] 2005.--
(1) Waiver.--The President is authorized to waive,
with respect to Pakistan, any provision of the foreign
operations, export financing, and related programs
appropriations Act for fiscal year [2004] 2005 that
prohibits direct assistance to a country whose duly
elected head of government was deposed by decree or
military coup, if the President determines and
certifies to the appropriate congressional committees
that such waiver--
(A) would facilitate the transition to
democratic rule in Pakistan; and
(B) is important to United States efforts to
respond to, deter, or prevent acts of
international terrorism.
(2) Prior consultation required.--Not less than 5
days prior to the exercise of the waiver authority
under paragraph (1), the President shall consult with
the appropriate congressional committees with respect
to such waiver.
SEC. 2. INCREASED FLEXIBILITY IN THE EXERCISE OF WAIVER AUTHORITY OF
MTCR AND EXPORT ADMINISTRATION ACT SANCTIONS WITH
RESPECT TO PAKISTAN.
Any waiver under 73(e) of the Arms Export Control Act (22
U.S.C. 2797b(e)), or under section 11B(b)(5) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410b(b)(5)) (or
successor statute), with respect to a sanction that was imposed
on foreign persons in Pakistan prior to January 1, 2001, may be
exercised--
(1) only after consultation with the appropriate
congressional committees; and
(2) without regard to the notification periods set
forth in the respective section authorizing the waiver.
SEC. 3. EXEMPTION OF PAKISTAN FROM FOREIGN ASSISTANCE PROHIBITIONS
RELATING TO FOREIGN COUNTRY LOAN DEFAULTS.
The following provisions of law shall not apply with
respect to Pakistan:
(1) Section 620(q) of the Foreign Assistance Act of
1961 (22 U.S.C. 2370(q)).
(2) Such provision of the [Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
2002, as isannual foreign operations, export financing,
and related programs appropriations Acts for fiscal
years 2002, 2003, [and 2004] 2004, and 2005 as are
comparable to section 512 of the Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 2001 (Public Law 106-429; 114 Stat. 1900A-25).
* * * * * * *
SEC. 6. TERMINATION DATE.
Except as otherwise provided in section 1 or 3, the
provisions of this Act shall terminate on October 1, [2004]
2005.
* * * * * * *
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999
* * * * * * *
Sec. 616.--(a) * * *
(c) Reporting Requirement.--(1) The United States chief of
mission in Haiti shall provide the Secretary of State a list of
those who have been credibly alleged to have ordered or carried
out the extrajudicial and political killings mentioned in
paragraph (1) of subsection (a).
(2) The Secretary of State shall submit the list provided
under paragraph (1) to the appropriate congressional committees
[not later than 3 months after the date of enactment of this
Act] as part of the annual report submitted under paragraph (4)
of this subsection.
(3) The Secretary of State shall submit to the appropriate
congressional committees, as part of the annual report
submitted under paragraph (4) of this subsection, a list of
aliens denied visas, and the Attorney General shall submit to
the appropriate congressional committees a list of aliens
refused entry to the United States as a result of this
provision.
(4) The Secretary of State shall submit a report under this
subsection not later than 6 months after the date of enactment
of this Act and not later than March 1 of each year thereafter
as long as the Government of Haiti has not completed the
investigation of the extrajudicial and political killings and
has not prosecuted those implicated for the killings specified
in paragraph (1) of subsection (a).
* * * * * * *
Immigration and Nationality Act
* * * * * * *
INADMISSIBLE ALIENS
Sec. 212. (a) Classes of Aliens Ineligible for Visas or
Admission.--Except as otherwise provided in this Act, aliens
who are inadmissible under the following paragraphs are
ineligible to receive visas and ineligible to be admitted to
the United States: * * *
(1)-(9) * * *
(10) Miscellaneous.--
(A)-(B) * * *
(C) International child abduction.--
(i) In general.--Except as provided in clause
(ii), any alien who, after entry of an order by
a court in the United States granting custody
to a person of a United States citizen child
who detains or retains the child, or withholds
custody of the child, outside the United States
from the person granted custody by that order,
is inadmissible until the child is surrendered
to the person granted custody by that order.
(ii) Aliens supporting abductors and
relatives of abductors.--Any alien who--
(I) is known by the Secretary of
State to have intentionally assisted an
alien in the conduct described in
clause (i)[,];
(II) is known by the Secretary of
State to be intentionally providing
material support or safe haven to an
alien described in clause (i)[,]; or
[(III) is a spouse (other than the
spouse who is the parent of the
abducted child), child (other than the
abducted child), parent, sibling, or
agent of an alien described in clause
(i), if such person has been designated
by the Secretary of State at the
Secretary's sole and unreviewable
discretion, is inadmissible until the
child described in clause (i) is
surrendered to the person granted
custody by the order described in that
clause, and such person and child are
permitted to return to the United
States or such person's place of
residence.]
(III) is a spouse (other than a
spouse who is the parent of the
abducted child), son or daughter (other
than the abducted child), grandson or
granddaughter (other than the abducted
child), parent, grandparent, sibling,
cousin, uncle, aunt, nephew, or niece
of an alien described in clause (i), or
is a spouse of the abducted child
described in clause (i), if such person
has been designated by the Secretary of
State, at the Secretary of State's sole
and unreviewable discretion,
is inadmissible until the child described in
clause (i) is surrendered to the person granted
custody by the order described in that clause,
and such person and child are permitted to
return to the United States or such person's
place of residence, or until the abducted child
is 21 years of age.
(iii) Exceptions.--* * *
(iv) Authority to cancel certain
designations.--The Secretary of State
may, at the Secretary of State's sole
and unreviewable discretion, at any
time, cancel a designation made
pursuant to clause (ii)(III).
(v) Identification of aliens
supporting abductors and relatives of
abductors.--In all instances in which
the Secretary of State knows that an
alien has committed an act described in
clause (i), the Secretary of State
shall take appropriate action to
identify the individuals who are
potentially inadmissible under clause
(ii).
(vi) Entry of abductors and other
inadmissible persons in consular
lookout and support system.--In all
instances in which the Secretary of
State knows that an alien has committed
an act described in clause (i), the
Secretary of State shall take
appropriate action to cause the entry
into the Consular Lookout and Support
System of the name or names of, and
identifying information about, such
individual and of any persons
identified pursuant to clause (v) as
potentially inadmissible under clause
(ii).
(vii) Definitions.--In this
subparagraph:
(I) Child.--The term
``child'' means a person under
21 years of age regardless of
marital status.
(II) Sibling.--The term
``sibling'' includes step-
siblings and half-siblings.
* * * * * * *
SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) Designation.--
(1) In general.--The Secretary is authorized to
designate an organization as a foreign terrorist
organization in accordance with this subsection if the
Secretary finds that--
* * * * * * *
(3) Record.--
(A) In general.--In making a designation
under this subsection, the Secretary shall
create an administrative record.
(B) Classified information.--The Secretary
may consider classified information in making a
designation under this subsection. Classified
information shall not be subject to disclosure
for such time as it remains classified, except
that such information may be disclosed to a
court ex parte and in camera for purposes of
judicial review under [subsection (b)]
subsection (c).
* * * * * * *
(4) Period of designation.--
(A) In general.--[Subject to paragraphs (5)
and (6), a] A designation under this subsection
shall be effective for all purposes [for a
period of 2 years beginning on the effective
date of the designation under paragraph (2)(B)]
until revoked under paragraph (5) or (6) or set
aside pursuant to subsection (c).
[(B) Redesignation.--The Secretary may
redesignate a foreign organization as a foreign
terrorist organization for an additional 2-year
period at the end of the 2-year period referred
to in subparagraph (A) (but not sooner than 60
days prior to the termination of such period)
upon a finding that the relevant circumstances
described in paragraph (1) still exist. The
Secretary also may redesignate such
organization at the end of any 2-year
redesignation period (but not sooner than 60
days prior to the termination of such period)
for an additional 2-year period upon a finding
that the relevant circumstances described in
paragraph (1) still exist. Any redesignation
shall be effective immediately following the
end of the prior 2-year designation or
redesignation period unless a different
effective date is provided in such
redesignation. The procedural requirements of
paragraphs (2) and (3) shall apply to a
redesignation under this subparagraph.]
(B) Review of designation upon petition.--
(i) In general.--The Secretary shall
review the designation of a foreign
terrorist organization under the
procedures set forth in clauses (iii)
and (iv) if the designated organization
files a petition for revocation within
the petition period described in clause
(ii).
(ii) Petition period.--For purposes
of clause (i)--
(I) if the designated
organization has not previously
filed a petition for revocation
under this subparagraph, the
petition period begins 2 years
after the date on which the
designation was made; or
(II) if the designated
organization has previously
filed a petition for revocation
under this subparagraph, the
petition period begins 2 years
after the date of the
determination made under clause
(iv) on that petition.
(iii) Procedures.--Any foreign
terrorist organization that submits a
petition for revocation under this
subparagraph must provide evidence in
that petition that the relevant
circumstances described in paragraph
(1) have changed in such a manner as to
warrant revocation with respect to the
organization.
(iv) Determination.--
(I) In general.--Not later
than 180 days after receiving a
petition for revocation
submitted under this
subparagraph, the Secretary
shall make a determination as
to such revocation.
(II) Classified
information.--The Secretary may
consider classified information
in making a determination in
response to a petition for
revocation. Classified
information shall not be
subject to disclosure for such
time as it remains classified,
except that such information
may be disclosed to a court ex
parte and in camera for
purposes of judicial review
under subsection (c).
(III) Publication of
determination.--A determination
made by the Secretary under
this clause shall be published
in the Federal Register.
(IV) Procedures.--Any
revocation by the Secretary
shall be made in accordance
with paragraph (6).
(C) Other review of designation.--
(i) In general.--If in a 4-year
period no review has taken place under
subparagraph (B), the Secretary shall
review the designation of the foreign
terrorist organization in order to
determine whether such designation
should be revoked pursuant to paragraph
(6). Such review shall be completed not
later than 180 days after the end of
such 4-year period.
(ii) Procedures.--If a review does
not take place pursuant to subparagraph
(B) in response to a petition for
revocation that is filed in accordance
with that subparagraph, then the review
shall be conducted pursuant to
procedures established by the
Secretary. The results of such review
and the applicable procedures shall not
be reviewable in any court.
(iii) Publication of results of
review.--The Secretary shall publish
any determination made pursuant to this
subparagraph in the Federal Register.
* * * * * * *
(6) Revocation based on change in circumstances.--
(A) In general.--The Secretary may revoke a
designation made under paragraph (1) [or a
redesignation made under paragraph (4)(B)] at
any time, and shall revoke a designation upon
completion of a review conducted pursuant to
subparagraphs (B) and (C) of paragraph (4) if
the Secretary finds that--
(i) the circumstances that were the
basis for the designation [or
redesignation] have changed in such a
manner as to warrant revocation; or
(ii) the national security of the
United States warrants a revocation.
(B) Procedure.--The procedural requirements
of paragraphs (2) and (3) shall apply to a
revocation under this paragraph. Any revocation
shall take effect on the date specified in the
revocation or upon publication in the Federal
Register if no effective date is specified.
(7) Effect of revocation.--The revocation of a
designation under paragraph (5) or (6), [or the
revocation of a redesignation under paragraph (6),]
shall not affect any action or proceeding based on
conduct committed prior to the effective date of such
revocation.
(8) Use of designation in trial or hearing. If a
designation under this subsection has become effective
under paragraph (2)(B), [or if a redesignation under
this subsection has become effective under paragraph
(4)(B),] a defendant in a criminal action or an alien
in a removal proceeding shall not be permitted to raise
any question concerning the validity of the issuance of
such designation [or redesignation] as a defense or an
objection at any trial or hearing.
(b) Amendments to a Designation.--
(1) In general.--The Secretary may amend a
designation under this subsection if the Secretary
finds that the organization has changed its name,
adopted a new alias, dissolved and then reconstituted
itself under a different name or names, or merged with
another organization.
(2) Procedure.--Amendments made to a designation in
accordance with paragraph (1) shall be effective upon
publication in the Federal Register. Subparagraphs (B)
and (C) of subsection (a)(2) shall apply to an amended
designation upon such publication. Paragraphs
(2)(A)(i), (4), (5), (6), (7), and (8) of subsection
(a) shall also apply to an amended designation.
(3) Administrative record.--The administrative record
shall be corrected to include the amendments as well as
any additional relevant information that supports those
amendments.
(4) Classified information.--The Secretary may
consider classified information in amending a
designation in accordance with this subsection.
Classified information shall not be subject to
disclosure for such time as it remains classified,
except that such information may be disclosed to a
court ex parte and in camera for purposes of judicial
review under subsection (c).
[(b)](c) Judicial review of designation.--* * *
(1) In general.--Not later than 30 days after
publication [of the designation in the Federal
Register, an organization designated as a foreign
terrorist organization may seek judicial review of the
designation] in the Federal Register of a designation,
an amended designation, or a determination in response
to a petition for revocation, the designated
organization may seek judicial review in the United
States Court of Appeals for the District of Columbia
Circuit.
(2) Basis of review.--Review under this subsection
shall be based solely upon the administrative record,
except that the Government may submit, for ex parte and
in camera review, classified information used in making
the designation, amended designation, or determination
in response to a petition for revocation.
(3) Scope of review.--The Court shall hold unlawful
and set aside a designation, amended designation, or
determination in response to a petition for revocation
the court finds to be--
(A) arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with
law;
(B) contrary to constitutional right, power,
privilege, or immunity;
(C) in excess of statutory jurisdiction,
authority, or limitation, or short of statutory
right;
(D) lacking substantial support in the
administrative record taken as a whole or in
classified information submitted to the court
under paragraph (2), or
(E) not in accord with the procedures
required by law.
(4) Judicial review invoked.--The pendency of an
action for judicial review of a designation, amended
designation, or determination in response to a petition
for revocation shall not affect the application of this
section, unless the court issues a final order setting
aside the designation, amended designation, or
determination in response to a petition for revocation.
* * * * * * *
[(c)](d) Definitions.--* * *
* * * * * * *
United States Information and Educational Exchange Act of 1948
* * * * * * *
TITLE V--DISSEMINATING INFORMATION ABOUT THE
UNITED STATES ABROAD
GENERAL AUTHORIZATION
* * * * * * *
[Sec. 502. In authorizing international information
activities under this Act, it is the sense of the Congress (1)
that the Secretary shall reduce such Government information
activities whenever corresponding private information
dissemination is found to be adequate; (2) that nothing in this
Act shall be construed to give the Department a monopoly in the
production or sponsorship on the air of short-wave broadcasting
programs, or a monopoly in any other medium of information.]
Sec. 502. (a) International Information Strategy.--The
President shall develop and report to the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives an international
information strategy. The international information strategy
shall consist of public information plans designed for major
regions of the world, including a focus on regions with
significant Muslim populations.
(b) National Security Strategy.--In the preparation of the
annual report required by section 108 of the National Security
Act of 1947 (50 U.S.C. 404a), the President shall ensure that
the report includes a comprehensive discussion of how public
diplomacy activities are integrated into the national security
strategy of the United States, and how such activities are
designed to advance the goals and objectives identified in the
report pursuant to section 108(b)(1) of that Act.
(c) Plans Regarding Department Activities.--
(1) Strategic plan.--In the updated and revised
strategic plan for program activities of the Department
required to be submitted under section 306 of title 5,
United States Code, the Secretary shall identify how
public diplomacy activities of the Department are
designed to advance each strategic goal identified in
the plan.
(2) Annual performance plan.--The Secretary shall
ensure that each annual performance plan for the
Department required by section 1115 of title 31, United
States Code, includes a detailed discussion of public
diplomacy activities of the Department.
(3) Bureau and mission performance plan.--The
Secretary shall ensure that each regional bureau's
performance plan, and other bureau performance plans as
appropriate, and each mission performance plan, under
regulations of the Department, includes a public
diplomacy component.
* * * * * * *
Emergency Supplemental Act, 2000
* * * * * * *
[Sec. 3203. Report on Extradition of Narcotics
Traffickers.--(a) Not later than 6 months after the date of the
enactment of this title, and every 6 months thereafter, during
the period Plan Colombia resources are made available, the
Secretary of State shall submit to the Committee on Foreign
Relations, the Committee on the Judiciary, and the Committee on
Appropriations of the Senate; and the Committee on
International Relations, the Committee on the Judiciary, and
the Committee on Appropriations of the House of Representatives
a report setting forth--
[(1) a list of the persons whose extradition has been
requested from any country receiving counternarcotics
assistance from the United States, indicating those
persons who--
[(A) have been surrendered to the custody of
United States authorities;
[(B) have been detained by the authorities
and who are being processed for extradition;
[(C) have been detained by the authorities
and who are not yet being processed for
extradition; or
[(D) are at large;
[(2) a determination whether authorities of each
country receiving counternarcotics assistance from the
United States are making good faith efforts to ensure
the prompt extradition of each of the persons sought by
United States authorities; and
[(3) an analysis of--
[(A) any legal obstacles in the laws of each
country receiving counternarcotics assistance
from the United States regarding prompt
extradition of persons sought by United States
authorities; and
[(B) the steps taken by authorities of the
United States and the authorities of each
country receiving counternarcotics assistance
from the United States to overcome such
obstacles.]
* * * * * * *
United States International Broadcasting
Act of 1994
* * * * * * *
TITLE III--UNITED STATES INTERNATIONAL BROADCASTING ACT
* * * * * * *
SEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.
* * * * * * *
(c) Term of Office.--The term of office of each member of
the Board shall be three years, except that the Secretary of
State shall remain a member of the Board during the
[Director's] Secretary's term of service. Of the other 8 voting
members, the initial terms of office of two members shall be
one year, and the initial terms of office of 3 other members
shall be two years, as determined by the President. The
President shall appoint, by and with the advice and consent of
the Senate, Board members to fill vacancies occurring prior to
the expiration of a term, in which case the members so
appointed shall serve for the remainder of such term. Any
member whose term has expired may serve until a successor has
been appointed and qualified. When there is no Secretary of
State, the Acting Secretary of State shall serve as a member of
the board until a [Director] Secretary is appointed.
* * * * * * *
(g) Immunity from Civil Liability.--Notwithstanding any
other provision of law, any and all limitations on liability
that apply to the members of the Broadcasting Board of
Governors also shall apply to such members when acting in their
capacities as members of the boards of directors of RFE/RL,
Incorporated [and] , Radio Free Asia, and Middle East
Broadcasting Network.
* * * * * * *
SEC. 305. AUTHORITIES OF THE BOARD.
(a) Authorities.--The Board shall have the following
authorities:
(1) * * *
* * * * * * *
(5) To make and supervise grants for broadcasting and
related activities in accordance with sections 308 [and
309] , 309, and 310.
(6) To allocate funds appropriated for international
broadcasting activities among the various elements of
the International Broadcasting Bureau and grantees,
subject to the limitations in sections 308 [and 309] ,
309, and 310 and subject to reprogramming notification
requirements in law for the reallocation of funds.
* * * * * * *
(c) Broadcasting Budgets.--
The Director of the Bureau and the grantees
identified in sections 308 [and 309] , 309, and 310
shall submit proposed budgets to the Board. The Board
shall forward its recommendations concerning the
proposed budget for the Board and broadcasting
activities under this title, the Radio Broadcasting to
Cuba Act, and the Television Broadcasting to Cuba Act
to the Office of Management and Budget.
* * * * * * *
SEC. 307. INTERNATIONAL BROADCASTING BUREAU.
(a) Establishment.--There is hereby established an
International Broadcasting Bureau under the Board (hereafter in
this title referred to as the ``Bureau''), to carry out all
nonmilitary international broadcasting activities supported by
the United States Government other than those described in
sections 308 [and 309] , 309, and 310.
(b) Selection of the Director of the Bureau.--The Director
of the Bureau shall be appointed by the President, by and with
the advice and consent of the Senate. The Director of the
Bureau shall be entitled to receive compensation at the rate
prescribed by law for level IV of the Executive Schedule.
(c) Responsibilities of the Director.--The Director shall
organize and chair a coordinating committee to examine and make
recommendations to the Board on long-term strategies for the
future of international broadcasting, including the use of new
technologies, further consolidation of broadcast services, and
consolidation of currently existing public affairs and
legislative relations functions in the various international
broadcasting entities. The coordinating committee shall include
representatives of Radio Free Asia, and Middle East
Broadcasting Network, RFE/RL, Incorporated, the Broadcasting
Board of Governors, and, as appropriate, the Office of Cuba
Broadcasting, the Voice of America, and Worldnet.
* * * * * * *
SEC. 310. MIDDLE EAST BROADCASTING NETWORK.
(a) Authority.--Grants authorized under section 305 shall be
available to make annual grants to a Middle East Broadcasting
Network for the purpose of carrying out radio and television
broadcasting to the Middle East region.
(b) Function.--The Middle East Broadcasting Network shall
provide radio and television programming to the Middle East
region consistent with the broadcasting standards and
broadcasting principles set forth in section 303 of this Act.
(c) Grant Agreement.--Any grant agreement or grants under
this section shall be subject to the following limitations and
restrictions:
(1) The Broadcasting Board of Governors may not make
any grant to the nonprofit corporation, Middle East
Broadcasting Network, unless its certificate of
incorporation provides that--
(A) the Board of Directors of the Middle East
Broadcasting Network shall consist of the
members of the Broadcasting Board of Governors
established under section 304 and of no other
members; and
(B) such Board of Directors shall make all
major policy determinations governing the
operation of the Middle East Broadcasting
Network, and shall appoint and fix the
compensation of such managerial officers and
employees of the Middle East Broadcasting
Network as it considers necessary to carry out
the purposes of the grant provided under this
title, except that no officer or employee may
be paid a salary or other compensation in
excess of the rate of pay payable for level III
of the Executive Schedule under section 5314 of
title 5, United States Code.
(2) Any grant agreement under this section shall
require that any contract entered into by the Middle
East Broadcasting Network shall specify that
obligations are assumed by the Middle East Broadcasting
Network and not the United States Government.
(3) Any grant agreement shall require that any lease
agreement entered into by the Middle East Broadcasting
Network shall be, to the maximum extent possible,
assignable to the United States Government.
(4) Grants awarded under this section shall be made
pursuant to a grant agreement which requires that grant
funds be used only for activities consistent with this
section, and that failure to comply with such
requirements shall permit the grant to be terminated
without fiscal obligation to the United States.
(5) Duplication of language services and technical
operations between the Middle East Broadcasting Network
(including Radio Sawa), RFE/RL, and the International
Broadcasting Bureau will be reduced to the extent
appropriate, as determined by the Board.
(d) Not a Federal Agency or Instrumentality.--Nothing in this
title may be construed to make the Middle East Broadcasting
Network a Federal agency or instrumentality, nor shall the
officers or employees of the Middle East Broadcasting Network
be deemed to be officers or employees of the United States
Government.
(e) Audit Authority.--
(1) In general.--Such financial transactions of the
Middle East Broadcasting Network as relate to functions
carried out under this section may be audited by the
General Accounting Office in accordance with such
principles and procedures and under such rules and
regulations as may be prescribed by the Comptroller
General of the United States. Any such audit shall be
conducted at the place or places where accounts of the
Middle East Broadcasting Network are normally kept.
(2) Access to records.--Representatives of the
General Accounting Office shall have access to all
books, accounts, records, reports, files, papers, and
property belonging to or in use by the Middle East
Broadcasting Network pertaining to such financial
transactions as necessary to facilitate an audit. Such
representatives shall be afforded full facilities for
verifying transactions with any assets held by
depositories, fiscal agents, and custodians. All such
books, accounts, records, reports, files, papers, and
property of the Middle East Broadcasting Network shall
remain in the custody of the Middle East Broadcasting
Network.
(3) Inspector general.--Notwithstanding any other
provisions of law, the Inspector General for the
Department of State and the Broadcasting Board of
Governors is authorized to exercise the authorities of
the Inspector General Act of 1978 with respect to the
Middle East Broadcasting Network.
* * * * * * *
International Religious Freedom Act of 1998
* * * * * * *
TITLE II--COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
* * * * * * *
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Commission $3,000,000 for the fiscal year [2003] 2005 to
carry out the provisions of this title.
(b) Availability of Funds.--Amounts authorized to be
appropriated under [subparagraph] subsection (a) are authorized
to remain available until expended but not later than the date
of termination of the Commission.
* * * * * * *
Diplomatic Security Act
TITLE III-PERFORMANCE AND ACCOUNTABILITY
* * * * * * *
SEC. 304. FINDINGS AND RECOMMENDATIONS BY A BOARD.
(a) * * *
* * * * * * *
(b) Program Recommendations.--A Board shall submit its
findings (which may be classified to the extent deemed
necessary by the Board) to the Secretary of [State,] State and
the appropriate congressional committees, together with
recommendations as appropriate to improve the security and
efficiency of any program or operation which the board has
reviewed.
* * * * * * *
(d) Reports.--
[(1) Program recommendations.--In any case in which a
Board transmits recommendations to the Secretary of
State under subsection (b), the Secretary shall, not
later than 90 days after the receipt of such
recommendations, submit a report to the Congress on
each such recommendation and the action taken with
respect to that recommendation.]
(1) Program recommendations.--In any case in which a
Board transmits recommendations under subsection (b) of
this section, the Secretary of State shall, not later
than 90 days after the receipt of such recommendations,
submit a report to the appropriate congressional
committees on each such recommendation and the action
taken with respect to that recommendation.
(2) Personnel recommendations.--In any case in which
a Board transmits a finding of reasonable cause under
subsection (c), the head of the Federal agency or
instrumentality receiving the information shall review
the evidence and recommendations and shall, not later
than 30 days after the receipt of that finding,
transmit to the [Congress] appropriate congressional
committees a report specifying--
(A) the nature of the case and a summary of
the evidence transmitted by the Board; and
(B) the decision by the Federal agency or
instrumentality, to take disciplinary or other
appropriate action against that individual or
the reasons for deciding not to take
disciplinary or other action with respect to
that individual.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives.