109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–168 

FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 

2006 AND 2007 

JULY 13, 2005.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. HYDE, from the Committee on International Relations, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 2601] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on International Relations, to whom was referred the bill (H.R. 2601) to authorize appropriations for the Department of State for fiscal years 2006 and 2007, and for other purposes, having considered the same, reports favorably thereon with 

an amendment and recommends that the bill as amended do pass. 

TABLE OF CONTENTS 

Page 

The Amendment ...................................................................................................... 2 

Summary .................................................................................................................. 90 

Background and Purpose ........................................................................................ 90 

Hearings ................................................................................................................... 91 

Committee Consideration ........................................................................................ 93 

Votes of the Committee ........................................................................................... 96 

Committee Oversight Findings ............................................................................... 97 

New Budget Authority and Tax Expenditures ...................................................... 97 

Congressional Budget Office Cost Estimate .......................................................... 98 

Performance Goals and Objectives ......................................................................... 108 

Constitutional Authority Statement ...................................................................... 109 

New Advisory Committees ...................................................................................... 109 

Congressional Accountability Act ........................................................................... 109 

Section-by-Section Analysis .................................................................................... 109 

Changes in Existing Law Made by the Bill, as Reported ..................................... 188 

Additional Views ...................................................................................................... 249 

2 

THE AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Foreign Relations Authorization Act, Fiscal Years 

2006 and 2007’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short Title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—AUTHORIZATIONS OF APPROPRIATIONS 

Sec. 101. Administration of foreign affairs. 

Sec. 102. Contributions to international organizations. 

Sec. 103. International commissions. 

Sec. 104. Migration and Refugee Assistance. 

Sec. 105. Centers and foundations. 

Sec. 106. United States International Broadcasting activities. 

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES 

Sec. 201. Consolidation of law enforcement powers; new criminal offense. 

Sec. 202. International litigation fund. 

Sec. 203. Retention of medical reimbursements. 

Sec. 204. Buying power maintenance account. 

Sec. 205. Authority to administratively amend surcharges. 

Sec. 206. Accountability review boards. 

Sec. 207. Designation of Colin L. Powell Residential Plaza. 

Sec. 208. Removal of contracting prohibition. 

Sec. 209. Translation of reports of the Department of State. 

Sec. 210. Entries within passports. 

Sec. 211. United States actions with respect to Jerusalem as the capital of Israel. 

Sec. 212. Availability of unclassified telecommunications facilities. 

Sec. 213. Reporting formats. 

Sec. 214. Extension of requirement for scholarships for Tibetans and Burmese. 

Sec. 215. American Institute in Taiwan facilities enhancement. 

Sec. 216. Activities related to Cuba. 

TITLE III—ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE 

Sec. 301. Education allowances. 

Sec. 302. Official residence expenses. 

Sec. 303. Increased limits applicable to post differentials and danger pay allowances. 

Sec. 304. Home leave. 

Sec. 305. Overseas equalization and comparability pay adjustment. 

Sec. 306. Fellowship of Hope Program. 

Sec. 307. Regulations regarding retirement credit for government service performed abroad. 

Sec. 308. Promoting assignments to international organizations. 

Sec. 309. Suspension of Foreign Service members without pay. 

Sec. 310. Death gratuity. 

Sec. 311. Clarification of Foreign Service Grievance Board procedures. 

Sec. 312. Repeal of recertification requirement for members of the Senior Foreign Service. 

Sec. 313. Technical amendments to title 5, United States Code, provisions on recruitment, relocation, and retention bonuses. 

Sec. 314. Limited appointments in the Foreign Service. 

Sec. 315. Statement of Congress regarding career development program for Senior Foreign Service. 

Sec. 316. Sense of Congress regarding additional United States consular posts. 

Sec. 317. Office of the Culture of Lawfulness. 

Sec. 318. Review of human resources policies of the Department of State. 

TITLE IV—INTERNATIONAL ORGANIZATIONS 

Sec. 401. REDI Center. 

Sec. 402. Extension of authorization of appropriation for the United States Commission on International Religious Freedom. 

Sec. 403. Reform of the International Atomic Energy Agency. 

Sec. 404. Property disposition. 

TITLE V—INTERNATIONAL BROADCASTING 

Sec. 501. Short title. 

Sec. 502. Middle East Broadcasting Networks. 

Sec. 503. Improving signal delivery to Cuba. 

Sec. 504. Establishing permanent authority for Radio Free Asia. 

Sec. 505. Personal services contracting program. 

Sec. 506. Commonwealth of the Northern Mariana Islands education benefits. 

TITLE VI—ADVANCE DEMOCRACY ACT OF 2005 

Sec. 601. Short title. 

Sec. 602. Findings. 

Sec. 603. Statement of policy. 

Sec. 604. Definitions. 

3 

Subtitle A—Department of State Activities 

Sec. 611. Promotion of democracy in foreign countries. 

Sec. 612. Reports. 

Sec. 613. Strategies to enhance the promotion of democracy in foreign countries. 

Sec. 614. Activities by the United States to promote democracy and human rights in foreign countries. 

Sec. 615. Democracy Promotion and Human Rights Advisory Board. 

Sec. 616. Establishment and maintenance of Internet site for global democracy and human rights. 

Sec. 617. Programs by United States missions in foreign countries and activities of chiefs of mission. 

Sec. 618. Training for Foreign Service officers. 

Sec. 619. Performance pay; promotions; Foreign Service awards. 

Sec. 620. Appointments. 

Subtitle B—Alliances with Other Democratic Countries 

Sec. 631. Alliances with other democratic countries. 

Sec. 632. Sense of Congress regarding the establishment of a Democracy Caucus. 

Sec. 633. Annual diplomatic missions on multilateral issues. 

Sec. 634. Strengthening the Community of Democracies. 

Subtitle C—Funding for Promotion of Democracy 

Sec. 641. Policy. 

Sec. 642. Human Rights and Democracy Fund. 

Subtitle D—Presidential Actions 

Sec. 651. Investigation of violations of international humanitarian law. 

Sec. 652. Presidential communications. 

TITLE VII—STRATEGIC EXPORT CONTROL AND SECURITY ASSISTANCE ACT OF 2005 

Subtitle A—General Provisions 

Sec. 701. Short title. 

Sec. 702. Definitions. 

Sec. 703. Declaration of policy. 

Subtitle B—Revising and Strengthening Strategic Export Control Policies 

Sec. 711. Amendments to the State Department Basic Authorities Act of 1956. 

Sec. 712. Strategic Export Control Board. 

Sec. 713. Authorization for additional license and compliance officers. 

Subtitle C—Procedures Relating to Export Licenses 

Sec. 721. Transparency of jurisdictional determinations. 

Sec. 722. Certifications relating to export of certain defense articles and defense services. 

Sec. 723. Priority for United States military operations. 

Sec. 724. License officer staffing and workload. 

Sec. 725. Database of United States military assistance. 

Sec. 726. Training and liaison for small businesses. 

Sec. 727. Commercial communications satellite technical data. 

Sec. 728. Reporting requirement for unlicensed exports. 

Subtitle D—Terrorist-Related Provisions and Enforcement Matters 

Sec. 731. Sensitive technology transfers to foreign persons located within the United States. 

Sec. 732. Certification concerning exempt weapons transfers along the northern border of the United States. 

Sec. 733. Comprehensive nature of United States arms embargoes. 

Sec. 734. Control of items on Missile Technology Control Regime Annex. 

Sec. 735. Unlawful use of United States defense articles. 

Subtitle E—Strengthening United States Missile Nonproliferation Law 

Sec. 741. Probationary period for foreign persons. 

Sec. 742. Strengthening United States missile proliferation sanctions on foreign persons. 

Sec. 743. Comprehensive United States missile proliferation sanctions on all responsible foreign persons. 

Subtitle F—Security Assistance and Related Provisions 

Sec. 751. Authority to transfer naval vessels to certain foreign countries. 

Sec. 752. Transfer of obsolete and surplus items from Korean War Reserves Stockpile and removal or disposal 

of remaining items. 

Sec. 753. Extension of Pakistan waivers. 

Sec. 754. Reporting requirement for foreign military training. 

Sec. 755. Certain services provided by the United States in connection with foreign military sales. 

Sec. 756. Maritime interdiction patrol boats for Mozambique. 

Sec. 757. Reimbursement for international military education and training. 

TITLE VIII—NUCLEAR BLACK MARKET ELIMINATION ACT 

Sec. 801. Short title. 

Subtitle A—Sanctions for Transfers of Nuclear Enrichment, Reprocessing, and Weapons Technology, Equipment 

and Materials Involving Foreign Persons and Terrorists 

Sec. 811. Authority to impose sanctions on foreign persons. 

Sec. 812. Presidential notification on activities of foreign persons. 

Subtitle B—Further Actions Against Corporations Associated With Sanctioned Foreign Persons 

Sec. 821. Findings. 

Sec. 822. Campaign by United States Government officials. 

Sec. 823. Coordination. 

Sec. 824. Report. 

4 

Subtitle C—Incentives for Proliferation Interdiction Cooperation 

Sec. 831. Authority to provide assistance to cooperative countries. 

Sec. 832. Types of assistance. 

Sec. 833. Congressional notification. 

Sec. 834. Limitation. 

Sec. 835. Use of assistance. 

Sec. 836. Limitation on ship or aircraft transfers to uncooperative countries. 

Subtitle D—Rollback of Nuclear Proliferation Networks 

Sec. 841. Nonproliferation as a condition of United States assistance. 

Sec. 842. Report on identification of nuclear proliferation network host countries. 

Sec. 843. Suspension of arms sales licenses and deliveries to nuclear proliferation network host countries. 

Subtitle E—General Provisions 

Sec. 851. Definitions. 

TITLE IX—FOREIGN ASSISTANCE PROVISIONS 

Subtitle A—Foreign Assistance Act of 1961 and Related Provisions 

CHAPTER 1—PART I OF THE FOREIGN ASSISTANCE ACT OF 1961 

Sec. 901. Assistance to establish centers for the treatment of obstetric fistula in developing countries. 

Sec. 902. Support for small and medium enterprises in sub-Saharan Africa. 

Sec. 903. Assistance to support democracy in Zimbabwe. 

Sec. 904. Restrictions on United States voluntary contributions to the United Nations Development Program. 

Sec. 905. Assistance for the Office of the Police Ombudsman for Northern Ireland. 

Sec. 906. Report on foreign law enforcement training and assistance. 

Sec. 907. Assistance for disaster mitigation efforts. 

Sec. 908. Assistance to promote democracy in Belarus. 

Sec. 909. Assistance for maternal and prenatal care for certain individuals of Belarus and Ukraine involved 

in the cleanup of the Chornobyl disaster. 

Sec. 910. Assistance to address non-infectious diseases in foreign countries. 

CHAPTER 2—PART II OF THE FOREIGN ASSISTANCE ACT OF 1961 

Sec. 921. Economic support fund assistance for Egypt. 

Sec. 922. Inter-Arab Democratic Charter. 

Sec. 923. Middle East Partnership Initiative. 

Sec. 924. West Bank and Gaza Program. 

Sec. 925. Economic Support Fund assistance for Venezuela. 

CHAPTER 3—PART III OF THE FOREIGN ASSISTANCE ACT OF 1961 

Sec. 931. Support for pro-democracy and human rights organizations in certain countries. 

Sec. 932. Limitation on assistance to the Palestinian Authority. 

Sec. 933. Assistance for law enforcement forces. 

Subtitle B—Other Provisions of Law 

Sec. 941. Amendments to the Afghanistan Freedom Support Act of 2002. 

Sec. 942. Amendments to the Tibetan Policy Act of 2002. 

Sec. 943. Amendments to the Anglo-Irish Agreement Support Act of 1986. 

Sec. 944. Assistance for demobilization and disarmament of former irregular combatants in Colombia. 

Sec. 945. Support for famine relief in Ethiopia. 

Sec. 946. Assistance to promote democracy and human rights in Vietnam. 

Subtitle C—Miscellaneous Provisions 

Sec. 951. Report on United States weapons transfers, sales, and licensing to Haiti. 

Sec. 952. Sense of Congress regarding assistance for regional health education and training programs. 

Sec. 953. Sense of Congress regarding assistance for regional health care delivery. 

Sec. 954. Sense of Congress regarding elimination of extreme poverty in developing countries. 

Sec. 955. Sense of Congress regarding United States foreign assistance. 

TITLE X—REPORTING REQUIREMENTS 

Sec. 1001. Trans-Sahara Counter-Terrorism Initiative. 

Sec. 1002. Annual Patterns of Global Terrorism Report. 

Sec. 1003. Dual gateway policy of the Government of Ireland. 

Sec. 1004. Stabilization in Haiti. 

Sec. 1005. Verification reports to Congress. 

Sec. 1006. Protection of refugees from North Korea. 

Sec. 1007. Acquisition and major security upgrades. 

Sec. 1008. Services for children with autism at overseas missions. 

Sec. 1009. Incidence and prevalence of autism worldwide. 

Sec. 1010. Internet jamming. 

Sec. 1011. Department of State employment composition. 

Sec. 1012. Incitement to acts of discrimination. 

Sec. 1013. Child marriage. 

Sec. 1014. Magen David Adom Society. 

Sec. 1015. Developments in and policy toward Indonesia. 

Sec. 1016. Murders of United States citizens John Branchizio, Mark Parson, and John Marin Linde. 

Sec. 1017. Diplomatic relations with Israel. 

Sec. 1018. Tax enforcement in Colombia. 

Sec. 1019. Provision of consular and visa services in Pristina, Kosova. 

Sec. 1020. Democracy in Pakistan. 

Sec. 1021. Status of the sovereignty of Lebanon. 

Sec. 1022. Activities of international terrorist organizations in Latin America and the Caribbean. 

Sec. 1023. Analysis of employing weapons scientists from the former Soviet Union in Project Bioshield. 

Sec. 1024. Extradition of violent criminals from Mexico to the United States. 

Sec. 1025. Actions of the 661 Committee. 

Sec. 1026. Elimination of report on real estate transactions. 

5 

TITLE XI—MISCELLANEOUS PROVISIONS 

Subtitle A—General Provisions 

Sec. 1101. Statement of policy relating to democracy in Iran. 

Sec. 1102. Iranian nuclear activities. 

Sec. 1103. Location of international institutions in Africa. 

Sec. 1104. Benjamin Gilman International Scholarship program. 

Sec. 1105. Prohibition on commemorations relating to leaders of Imperial Japan. 

Sec. 1106. United States policy regarding World Bank Group loans to Iran. 

Sec. 1107. Statement of policy regarding support for SECI Regional Center for Combating Trans-Border Crime. 

Sec. 1108. Statement of policy urging Turkey to respect the rights and religious freedoms of the Ecumenical 

Patriarch. 

Sec. 1109. Statement of policy regarding the murder of United States citizen John M. Alvis. 

Sec. 1110. Statement of Congress and policy with respect to the disenfranchisement of women. 

Subtitle B—Sense of Congress Provisions 

Sec. 1111. Korean Fulbright programs. 

Sec. 1112. United States relations with Taiwan. 

Sec. 1113. Nuclear proliferation and A. Q. Khan. 

Sec. 1114. Palestinian textbooks. 

Sec. 1115. International convention affirming the human rights and dignity of persons with disabilities. 

Sec. 1116. Fulbright Scholarships for East Asia and the Pacific. 

Sec. 1117. Baku-Tbilisi-Ceyhan energy pipeline. 

Sec. 1118. Legislation requiring the fair, comprehensive, and nondiscriminatory restitution of private property 

confiscated in Poland. 

Sec. 1119. Child labor practices in the cocoa sectors of Cote d’Ivoire and Ghana. 

Sec. 1120. Contributions of Iraqi Kurds. 

Sec. 1121. Proliferation Security Initiative. 

Sec. 1122. Security of nuclear weapons and materials. 

Sec. 1123. International Criminal Court and genocide in Darfur, Sudan. 

Sec. 1124. Action against al-Manar television. 

Sec. 1125. Stability and security in Iraq. 

Sec. 1126. Property expropriated by the Government of Ethiopia. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—Except as otherwise provided, the term ‘‘appropriate congressional committees’’ means the Committee 

on International Relations of the House of Representatives and the Committee 

on Foreign Relations of the Senate. 

(2) DEPARTMENT.—The term ‘‘Department’’ means the Department of State. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of State. 

TITLE I—AUTHORIZATIONS OF 

APPROPRIATIONS 

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS. 

The following amounts are authorized to be appropriated for the Department 

of State under ‘‘Administration of Foreign Affairs’’ to carry out the authorities, functions, duties, and responsibilities in the conduct of foreign affairs of the United 

States and for other purposes authorized by law: 

(1) DIPLOMATIC AND CONSULAR PROGRAMS.— 

(A) AUTHORIZATION OF APPROPRIATIONS.—For ‘‘Diplomatic and Consular 

Programs’’, $3,769,118,000 for fiscal year 2006 and $3,896,611,500 for fiscal 

year 2007. 

(B) WORLDWIDE SECURITY UPGRADES.—In addition to amounts authorized to be appropriated under subparagraph (A), $689,523,000 for fiscal 

year 2006 and $710,208,690 for fiscal year 2007 are authorized to be appropriated for worldwide security upgrades. 

(C) PUBLIC DIPLOMACY.—Of the amounts authorized to be appropriated 

under subparagraph (A), $333,863,000 for fiscal year 2006 and 

$343,699,000 for fiscal year 2007 are authorized to be appropriated for public diplomacy. 

(D) BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.—Of the 

amounts authorized to be appropriated under subparagraph (A), 

$20,000,000 for fiscal year 2006 and $20,000,000 for fiscal year 2007 are authorized to be appropriated for salaries and expenses of the Bureau of Democracy, Human Rights, and Labor. 

(E) ANTI-SEMITISM.—Of the amounts authorized to be appropriated 

under subparagraph (A), $225,000 for fiscal year 2006 and $225,000 for fiscal year 2007 are authorized to be appropriated for necessary expenses to 

fund secondments, hiring of staff, and support targeted projects of the Office of Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Cooperation in Europe (OSCE) regarding anti-SemiVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6621 E:\HR\OC\HR168.XXX HR168
6 

tism and intolerance and for the OSCE/ODIHR Law Enforcement Officers 

Hate Crimes Training Program. 

(F) RELIGIOUS FREEDOM.— (i) IN GENERAL.—Of the amounts authorized to be appropriated under subparagraph (A), $205,000 for fiscal year 2006 and $205,000 for 

fiscal year 2007 are authorized to be appropriated for necessary expenses to fund activities of the Organization for Security and Cooperation in Europe relating to freedom of religion and belief. 

(ii) OSCE PROJECTS, ACTIVITIES, AND MISSIONS.— (I) PROJECTS AND ACTIVITIES.—Of the amounts authorized to 

be appropriated under subparagraph (A), $125,000 for fiscal year 

2006 and $125,000 for fiscal year 2007 are authorized to be appropriated for necessary expenses to fund for secondments, hiring of 

staff, and support targeted projects of the Office of Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Cooperation in Europe (OSCE) regarding religious freedom and for the OSCE/ODIHR Panel of Experts on Freedom of Religion or Belief. 

(II) MISSIONS.—Of the amounts authorized to be appropriated under subparagraph (A), $80,000 for fiscal year 2006 and $80,000 

for fiscal year 2007 are authorized to be appropriated for OSCE 

Missions in Armenia, Azerbaijan, Georgia, Kazakhstan, 

Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan for activities to address issues relating to religious freedom and belief and 

to fund the hiring of new staff who are dedicated to religious freedom and belief. 

(G) CHARLES B. RANGEL INTERNATIONAL AFFAIRS PROGRAM.—Of the 

amounts authorized to be appropriated under subparagraph (A), $1,500,000 

for fiscal year 2006 and $1,500,000 for fiscal year 2007 are authorized to 

be appropriated for the Charles B. Rangel International Affairs Program at 

Howard University. 

(H) MINORITY RECRUITMENT.—Of the amounts authorized to be appropriated under subparagraph (A), $3,000,000 for fiscal year 2006 and 

$3,000,000 for fiscal year 2007 are authorized to be appropriated for the recruitment of members of minority groups for careers in the Foreign Service 

and international affairs. 

(2) CAPITAL INVESTMENT FUND.—For ‘‘Capital Investment Fund’’, 

$131,000,000 for fiscal year 2006 and $131,000,000 for fiscal year 2007. 

(3) EMBASSY SECURITY, CONSTRUCTION AND MAINTENANCE.—For ‘‘Embassy 

Security, Construction and Maintenance’’, $1,526,000,000 for fiscal year 2006 

and $1,550,000,000 for fiscal year 2007. 

(4) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.— 

(A) AUTHORIZATION OF APPROPRIATIONS.—For ‘‘Educational and Cultural Exchange Programs’’, $428,900,000 for fiscal year 2006 and 

$438,500,000 for fiscal year 2007. 

(B) SUMMER INSTITUTES FOR KOREAN STUDENT LEADERS.—Of the 

amounts authorized to be appropriated under subparagraph (A), $750,000 

for fiscal year 2006 and $750,000 for fiscal year 2007 are authorized to be 

appropriated for summer academic study programs in the United States (focusing on United States political systems, government institutions, society, 

and democratic culture) for college and university students from the Republic of Korea, to be known as the ‘‘United States Summer Institutes for Korean Student Leaders’’. 

(C) SUDANESE SCHOLARSHIPS.—Of the amounts authorized to be appropriated under subparagraph (A), $500,000 for fiscal year 2006 and $500,000 

for fiscal year 2007 are authorized to be appropriated for scholarships for 

students from southern Sudan for secondary or postsecondary education in 

the United States, to be known as ‘‘Sudanese Scholarships’’. 

(D) SCHOLARSHIPS FOR INDIGENOUS PEOPLES OF MEXICO AND CENTRAL

AND SOUTH AMERICA.— Of the amounts authorized to be appropriated under 

subparagraph (A), $250,000 for fiscal year 2006 and $250,000 for fiscal year 

2007 are authorized to be appropriated for scholarships for secondary and 

postsecondary education in the United States for students from Mexico and 

the countries of Central and South America who are descended from the indigenous peoples of Mexico or such countries. 

(E) SOUTH PACIFIC EXCHANGES.—Of the amounts authorized to be appropriated under subparagraph (A), $650,000 for fiscal year 2006 and 

$650,000 for fiscal year 2007 are authorized to be appropriated for South 

Pacific Exchanges. 

7 

(F) TIBETAN SCHOLARSHIP PROGRAM.—Of the amounts authorized to be 

appropriated under subparagraph (A), $750,000 for fiscal year 2006 and 

$800,000 for fiscal year 2007 are authorized to be appropriated to carry out 

the Tibetan scholarship program established under section 103(b)(1) of the 

Human Rights, Refugee, and Other Foreign Relations Provisions Act of 

1996 (Public Law 104–319; 22 U.S.C. 2151 note). 

(G) NGAWANG CHOEPEL EXCHANGE PROGRAMS.—Of the amounts authorized to be appropriated under subparagraph (A), $500,000 for fiscal year 

2006 and $500,000 for fiscal year 2007 are authorized to be appropriated 

for the ‘‘Ngawang Choepel Exchange Programs’’ (formerly known as ‘‘programs of educational and cultural exchange between the United States and 

the people of Tibet’’) under section 103(a) of the Human Rights, Refugee, 

and Other Foreign Relations Provisions Act of 1996 (Public Law 104–319; 

22 U.S.C. 2151 note). 

(H) HIV/AIDS INITIATIVE.—Of the amounts authorized to be appro- priated under subparagraph (A), $1,000,000 for fiscal year 2006 and 

$1,000,000 for fiscal year 2007 are authorized to be appropriated for HIV/ 

AIDS research and mitigation strategies. 

(I) PROJECT CHILDREN AND COOPERATION WITH IRELAND.—Of the 

amounts authorized to be appropriated under subparagraph (A), $500,000 

for fiscal year 2006 and $500,000 for fiscal year 2007 are authorized to be 

appropriated for people-to-people activities (with a focus on young people) 

to support the Northern Ireland peace process involving Catholic and 

Protestant participants from the Republic of Ireland, the United Kingdom, 

and the United States, to be known as ‘‘Project Children’’. 

(5) REPRESENTATION ALLOWANCES.—For ‘‘Representation Allowances’’, $8,281,000 for fiscal year 2006 and $8,281,000 for fiscal year 2007. 

(6) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS.—For ‘‘Protection of 

Foreign Missions and Officials’’, $9,390,000 for fiscal year 2006 and $9,390,000 

for fiscal year 2007. 

(7) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE.—For ‘‘Emergencies in the Diplomatic and Consular Service’’, $12,143,000 for fiscal year 

2006 and $12,143,000 for fiscal year 2007. 

(8) REPATRIATION LOANS.—For ‘‘Repatriation Loans’’, $1,319,000 for fiscal year 2006 and $1,319,000 for fiscal year 2007. 

(9) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN.—For ‘‘Payment to the American Institute in Taiwan’’, $19,751,000 for fiscal year 2006 and 

$20,146,020 for fiscal year 2007. 

(10) OFFICE OF THE INSPECTOR GENERAL.—For ‘‘Office of the Inspector Gen- eral’’, $29,983,000 for fiscal year 2006, and $29,983,000 for fiscal year 2007. 

SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS. 

(a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.—There are 

authorized to be appropriated for ‘‘Contributions to International Organizations’’, 

$1,296,500,000 for fiscal year 2006 and $1,322,430,000 for fiscal year 2007, for the 

Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international organizations and to carry out other authorities in law consistent with such 

purposes. 

(b) CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.—There are 

authorized to be appropriated for ‘‘Contributions for International Peacekeeping Activities’’, $1,035,500,000 for fiscal year 2006 and such sums as may be necessary for 

fiscal year 2007, for the Department of State to carry out the authorities, functions, 

duties, and responsibilities of the United States with respect to international peacekeeping activities and to carry out other authorities in law consistent with such purposes. Amounts appropriated pursuant to this subsection are authorized to remain 

available until expended. 

(c) FOREIGN CURRENCY EXCHANGE RATES.— 

(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts authorized 

to be appropriated under subsection (a), there are authorized to be appropriated 

such sums as may be necessary for each of fiscal years 2006 and 2007 to offset 

adverse fluctuations in foreign currency exchange rates. 

(2) AVAILABILITY OF FUNDS.—Amounts appropriated under this subsection 

shall remain available for obligation and expenditure only to the extent that the 

Director of the Office of Management and Budget determines and certifies to 

Congress that such amounts are necessary due to such fluctuations. 

SEC. 103. INTERNATIONAL COMMISSIONS. 

The following amounts are authorized to be appropriated under ‘‘International 

Commissions’’ for the Department of State to carry out the authorities, functions, 

8 

duties, and responsibilities in the conduct of the foreign affairs of the United States 

and for other purposes authorized by law: 

(1) INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND

MEXICO.—For ‘‘International Boundary and Water Commission, United States 

and Mexico’’— 

(A) for ‘‘Salaries and Expenses’’, $28,200,000 for fiscal year 2006 and $28,200,000 for fiscal year 2007; and (B) for ‘‘Construction’’, $6,100,000 for fiscal year 2006 and $6,100,000 

for fiscal year 2007. 

(2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND CANADA.— For ‘‘International Boundary Commission, United States and Canada’’, 

$1,429,000 for fiscal year 2006 and $1,429,000 for fiscal year 2007. 

(3) INTERNATIONAL JOINT COMMISSION.—For ‘‘International Joint Commission’’, $6,320,000 for fiscal year 2006 and $6,320,000 for fiscal year 2007. 

(4) INTERNATIONAL FISHERIES COMMISSIONS.—For ‘‘International Fisheries 

Commissions’’, $25,123,000 for fiscal year 2006 and $25,123,000 for fiscal year 

2007. 

SEC. 104. MIGRATION AND REFUGEE ASSISTANCE. 

(a) IN GENERAL.—There are authorized to be appropriated for the Department 

of State for ‘‘Migration and Refugee Assistance’’ for authorized activities, 

$955,000,000 for fiscal year 2006 and $983,650,000 for fiscal year 2007. 

(b) REFUGEES RESETTLING IN ISRAEL.—Of the amounts authorized to be appro- priated under subsection (a), there are authorized to be appropriated $40,000,000 

for fiscal year 2006 and $40,000,000 for fiscal year 2007 for resettlement of refugees 

in Israel. 

(c) PILOT PROGRAM FOR LONG-TERM REFUGEE POPULATIONS.— (1) PILOT PROGRAM.—Of the amounts authorized to be appropriated under subsection (a), there are authorized to be appropriated $2,500,000 for fiscal year 

2006 and $2,500,000 for fiscal year 2007 for the establishment and implementation of a two-year pilot program to improve conditions for long-term refugee 

populations that are currently assisted in camps or other segregated settlements. 

(2) REQUIREMENTS.—In carrying out the pilot program under paragraph (1), 

the Secretary of State shall— 

(A) seek to protect and ensure basic rights granted to refugees under 

the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees; 

(B) seek innovative modules or methods to assist long-term refugee 

populations both within and outside traditional camp settings, as appropriate, that support refugees living or working in local communities, such 

as integration of refugees into local schools and services, resource conservation and livelihood projects designed to diminish conflict between refugee 

hosting communities and refugees, and engagement of civil society components of refugee hosting communities in a policy dialogue with the United 

Nations High Commissioner for Refugees (UNHCR) and international and 

nongovernmental refugee assistance organizations to enhance options to assist refugees and promote the rights to which refugees may be entitled 

under the 1951 Convention and 1967 Protocol; 

(C) provide a United States voluntary contribution to UNHCR to conduct the pilot program in cooperation with nongovernmental organizations 

with expertise in the protection of refugee rights, one or more major operational humanitarian assistance agencies, and in consultation with host 

countries, the United States, and other donor countries; and 

(D) urge UNHCR to select not less than three host countries in which 

to conduct the pilot program. 

(3) REPORT.—Not later than one year after the date on which the first pilot 

program is established pursuant to paragraph (2), the Secretary shall submit 

to the appropriate congressional committees a report on the implementation of 

this subsection, the development of innovative models to protect and assist refugees, and recommendations for ensuring refugee rights are respected in countries of temporary asylum. 

SEC. 105. CENTERS AND FOUNDATIONS. 

(a) ASIA FOUNDATION.—There are authorized to be appropriated for ‘‘The Asia 

Foundation’’ for authorized activities, $18,000,000 for fiscal year 2006 and 

$18,000,000 for fiscal year 2007. 

(b) NATIONAL ENDOWMENT FOR DEMOCRACY.—There are authorized to be appropriated for the ‘‘National Endowment for Democracy’’ for authorized activities, 

$80,000,000 for fiscal year 2006 and $80,000,000 for fiscal year 2007. 

9 

(c) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST AND

WEST.—There are authorized to be appropriated for the ‘‘Center for Cultural and 

Technical Interchange Between East and West’’ for authorized activities, 

$13,024,000 for fiscal year 2006 and $13,024,000 for fiscal year 2007. 

SEC. 106. UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES. 

The following amounts are authorized to be appropriated to carry out United 

States Government international broadcasting activities under the United States Information and Educational Exchange Act of 1948, the Radio Broadcasting to Cuba 

Act, the Television Broadcasting to Cuba Act, the United States International 

Broadcasting Act of 1994, and the Foreign Affairs Reform and Restructuring Act of 

1998, and to carry out other authorities in law consistent with such purposes: 

(1) INTERNATIONAL BROADCASTING OPERATIONS.—For ‘‘International Broadcasting Operations’’, $603,394,000 for fiscal year 2006 and $621,495,820 for fiscal year 2007. Of the amounts authorized to be appropriated under under this 

paragraph, $5,000,000 is authorized to be appropriated for fiscal year 2006 and 

$5,000,000 is authorized to be appropriated for fiscal year 2007 for increased 

broadcasting to Belarus. 

(2) BROADCASTING CAPITAL IMPROVEMENTS.—For ‘‘Broadcasting Capital Improvements’’, $10,893,000 for fiscal year 2006 and $10,893,000 for fiscal year 

2007. 

(3) BROADCASTING TO CUBA.—For ‘‘Broadcasting to Cuba’’, $37,656,000 for 

fiscal year 2006 and $29,931,000 for fiscal year 2007, to remain available until 

expended, for necessary expenses to enable the Broadcasting Board of Governors to carry out broadcasting to Cuba, including the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and the purchase, lease, and installation of necessary equipment, including aircraft, for radio and television transmission and reception. 

(4) RADIO FREE ASIA.—In addition to such amounts as are otherwise authorized to be appropriated for the Broadcasting Board of Governors, there are authorized to be appropriated $9,100,000 for fiscal years 2006 and 2007 to overcome the jamming of Radio Free Asia by Vietnam. 

TITLE II—DEPARTMENT OF STATE 

AUTHORITIES AND ACTIVITIES 

SEC. 201. CONSOLIDATION OF LAW ENFORCEMENT POWERS; NEW CRIMINAL OFFENSE. 

(a) IN GENERAL.—Chapter 203 of title 18, United States Code, is amended by 

adding at the end the following new section: 

‘‘§ 3064. Powers of special agents in the Department of State and the Foreign Service 

‘‘Whoever knowingly and willfully obstructs, resists, or interferes with a Federal 

law enforcement agent engaged in the performance of the protective functions authorized by section 37 of the State Department Basic Authorities Act of 1956 or by 

section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 shall 

be fined under this title or imprisoned not more than one year, or both.’’. 

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections at the beginning of 

chapter 203 of title 18, United States Code, is amended by adding at the end the 

following new item: 

‘‘3064. Powers of special agents in the Department of State and the Foreign Service.’’. 

SEC. 202. INTERNATIONAL LITIGATION FUND. 

Section 38(d)(3) of the State Department Basic Authorities Act of 1956 (22 

U.S.C. 2710(d)(3)) is amended— 

(1) by inserting ‘‘as a result of a decision of an international tribunal,’’ after 

‘‘received by the Department of State’’; and 

(2) by inserting a comma after ‘‘United States Government’’. 

SEC. 203. RETENTION OF MEDICAL REIMBURSEMENTS. 

Section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084) is amended by 

adding at the end the following new subsection: 

‘‘(g) Reimbursements paid to the Department of State for funding the costs of 

medical care abroad for employees and eligible family members shall be credited to 

the currently available applicable appropriation account. Notwithstanding any other 

provision of law, such reimbursements shall be available for obligation and expenditure during the fiscal year in which they are received or for such longer period of 

time as may be provided in law.’’. 

10 

SEC. 204. BUYING POWER MAINTENANCE ACCOUNT. 

Section 24(b)(7) of the State Department Basic Authorities Act of 1956 (22 

U.S.C. 2696(b)(7)) is amended by striking subparagraph (D). 

SEC. 205. AUTHORITY TO ADMINISTRATIVELY AMEND SURCHARGES. 

Beginning in fiscal year 2006 and thereafter, the Secretary of State is authorized to amend administratively the amounts of the surcharges related to consular 

services in support of enhanced border security (provided for in title IV of division 

B of the Consolidated Appropriations Act, 2005 (Public Law 108–447)) that are in 

addition to the passport and immigrant visa fees in effect on January 1, 2004. 

SEC. 206. ACCOUNTABILITY REVIEW BOARDS. 

Section 301(a) of the Diplomatic Security Act (22 U.S.C. 4831(a)) is amended— 

(1) in paragraph (1), by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs 

(2) and (3)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) FACILITIES IN AFGHANISTAN AND IRAQ.— 

‘‘(A) LIMITED EXEMPTIONS FROM REQUIREMENT TO CONVENE BOARD.— 

The Secretary of State is not required to convene a Board in the case of 

an incident that— 

‘‘(i) involves serious injury, loss of life, or significant destruction of 

property at, or related to, a United States Government mission in Afghanistan or Iraq; and 

‘‘(ii) occurs during the period beginning on July 1, 2004, and ending 

on September 30, 2009. 

‘‘(B) REPORTING REQUIREMENTS.—In the case of an incident described in 

subparagraph (A), the Secretary shall— 

‘‘(i) promptly notify the Committee on International Relations of 

the House of Representatives and the Committee on Foreign Relations 

of the Senate of the incident; 

‘‘(ii) conduct an inquiry of the incident; and 

‘‘(iii) upon completion of the inquiry required by clause (ii), submit 

to each such Committee a report on the findings and recommendations 

related to such inquiry and the actions taken with respect to such recommendations.’’. 

SEC. 207. DESIGNATION OF COLIN L. POWELL RESIDENTIAL PLAZA. 

(a) DESIGNATION.—The Federal building in Kingston, Jamaica, formerly known 

as the Crowne Plaza and currently a staff housing facility for the Embassy of the 

United States in Jamaica, shall be known and designated as the ‘‘Colin L. Powell 

Residential Plaza’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or 

other record of the United States to the Federal building referred to in subsection 

(a) shall be deemed to be a reference to the ‘‘Colin L. Powell Residential Plaza’’. 

SEC. 208. REMOVAL OF CONTRACTING PROHIBITION. 

Section 406(c) of the Omnibus Diplomatic Security and Antiterrorism Act of 

1986 (Public Law 99–399) (relating to the ineligibility of persons doing business 

with Libya to be awarded a contract) is repealed. 

SEC. 209. TRANSLATION OF REPORTS OF THE DEPARTMENT OF STATE. 

(a) TRANSLATION.—Not later than 30 days after the date of issuance of each of 

the reports listed in subsection (c), the appropriate United States mission in a foreign country shall translate into the official languages of such country the respective 

country report from each of such reports. 

(b) POSTING ON WEBSITE.—Not later than five days after each of the translations required under subsection (a) are completed, the appropriate United States 

mission shall post each of such translations on the website of the United States Embassy (or other appropriate United States mission) for such country. 

(c) REPORTS.—The reports referred to in subsection (a) are the following: 

(1) The Country Reports on Human Rights Practices, including the Trafficking in Persons Report, required under sections 116 and 502B of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2151n and 2304). 

(2) The Annual Report on International Religious Freedom, required under 

section 102b of the International Religious Freedom Act of 1998 (22 U.S.C. 

6412). 

SEC. 210. ENTRIES WITHIN PASSPORTS. 

(a) FINDINGS.—Congress finds the following: 

(1) The power of the executive branch to issue passports or other travel documents to United States citizens is derived solely from law. 

11 

(2) The Secretary of State has caused entries to be made in passports of 

United States citizens who were born in Jerusalem, Israel, that are inconsistent 

with the usual practice of entering the name of a country and not a city as a 

place of birth. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that United States citizens 

who have passports should not be required to carry passports which inaccurately or 

inconsistently represent their personal details. 

(c) AUTHORITY.—This section is passed in exercise of the power of Congress, 

pursuant to Article 1, Section 8 of the Constitution of the United States ‘‘To make 

all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by the Constitution in the Government 

of the United States, or in any Department or Officer thereof.’’. 

(d) REQUIREMENT THAT ACCURATE ENTRIES BE MADE ON REQUEST OF CITIZEN.—The first section of ‘‘An Act to regulate the issue and validity of passports, 

and for other purposes’’, approved July 3, 1926, (22 U.S.C. 211a; 44 Stat. 887), is 

amended by inserting after the first sentence the following new sentence: ‘‘For purposes of the issuance of a passport to a United States citizen born in the city of Jerusalem, the Secretary shall, upon the request of the citizen or the citizen’s legal 

guardian, record the place of birth as Israel.’’. 

SEC. 211. UNITED STATES ACTIONS WITH RESPECT TO JERUSALEM AS THE CAPITAL OF 

ISRAEL. 

(a) LIMITATION ON USE OF FUNDS FOR CONSULATE IN JERUSALEM.—None of the 

funds authorized to be appropriated by this Act may be expended for the operation 

of a United States consulate or diplomatic facility in Jerusalem unless such consulate or diplomatic facility is under the supervision of the United States Ambassador to Israel. 

(b) LIMITATION ON USE OF FUNDS FOR PUBLICATIONS.—None of the funds authorized to be appropriated by this Act may be available for the publication of any 

official United States Government document that lists countries and their capital 

cities unless such publication identifies Jerusalem as the capital of the State of 

Israel. 

SEC. 212. AVAILABILITY OF UNCLASSIFIED TELECOMMUNICATIONS FACILITIES. 

The Secretary of State shall make available to the appropriate congressional 

committees the use of unclassified telecommunications facilities of the Department 

of State that are located in an embassy, consulate, or other facility of the United 

States in a foreign country to allow such committees to receive testimony or other 

communication from an individual in any such country. 

SEC. 213. REPORTING FORMATS. 

(a) IN GENERAL.—The Secretary of State shall, with respect to a report that the 

Secretary is required to submit to the appropriate congressional committees, submit 

each such report on suitable media in machine-readable format, including in plain 

text and in hypertext mark-up language (commonly referred to as ‘‘HTML’’), in addition to submission in written format. 

(b) EFFECTIVE DATE.—The requirement specified under subsection (a) shall 

apply beginning with the first report that the Secretary is required to submit to the 

appropriate congressional committees after the date of the enactment of this Act. 

SEC. 214. EXTENSION OF REQUIREMENT FOR SCHOLARSHIPS FOR TIBETANS AND BURMESE. 

Section 103(b)(1) of the Human Rights, Refugee, and Other Foreign Relations 

Provisions Act of 1996 (Public Law 104–319; 22 U.S.C. 2151 note) is amended by 

striking ‘‘for the fiscal year 2003’’ and inserting ‘‘for each of fiscal years 2006 and 

2007’’. 

SEC. 215. AMERICAN INSTITUTE IN TAIWAN FACILITIES ENHANCEMENT. 

Section 3(a) of the American Institute in Taiwan Facilities Enhancement Act 

(Public Law 106–212) is amended by striking ‘‘the sum of $75,000,000’’ and inserting ‘‘such sums as may be necessary’’. 

SEC. 216. ACTIVITIES RELATED TO CUBA. 

(a) ACTIVITIES.—Of the funds made available for fiscal year 2006 for the Bureau 

of Educational and Cultural Affairs of the Department of State, $5,000,000 shall be 

used for activities related to Cuba under— 

(1) the J. William Fulbright Educational Exchange Program; 

(2) the Hubert Humphrey Fellowship Program; 

(3) the International Visitors Program; 

(4) the Benjamin A. Gilman International Scholarship Program; 

(5) the EducationUSA Program; and 

12 

(6) professional, cultural, and youth programs operated by the Office of Citizen Exchanges of the Bureau. 

(b) PRIORITY.—The Secretary of State shall give priority to human rights dissidents, pro-democracy activists, and independent civil society members for participation in the activities described in subsection (a). 

(c) CONGRESSIONAL NOTIFICATION.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary shall notify the appropriate congressional committees on efforts to identify eligible participants for activities described in subsection (a). Not later than 15 days prior to a final determination of eligible participants for activities described in subsection (a), the Secretary shall notify the appropriate congressional committees of such determination and provide a list that contains the names of such eligible participants. 

TITLE III—ORGANIZATION AND PERSONNEL 

OF THE DEPARTMENT OF STATE 

SEC. 301. EDUCATION ALLOWANCES. 

Section 5924(4) of title 5, United States Code, is amended— 

(1) in the first sentence of subparagraph (A), by inserting ‘‘United States’’ 

after ‘‘nearest’’; 

(2) by striking subparagraph (B) and inserting the following new subparagraph: 

‘‘(B) The travel expenses of dependents of an employee to and from a 

secondary or post-secondary educational institution, not to exceed one annual trip each way for each dependent, except that an allowance payment 

under subparagraph (A) 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.’’; and 

(3) by adding at the end the following new 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. 302. OFFICIAL RESIDENCE EXPENSES. 

Section 5913 of title 5, United States Code, is amended by adding at the end 

the following new subsection: 

‘‘(c) Funds made available under subsection (b) may be provided in advance to 

persons eligible to receive reimbursements.’’. 

SEC. 303. INCREASED LIMITS APPLICABLE TO POST DIFFERENTIALS AND DANGER PAY ALLOWANCES. 

(a) REPEAL OF LIMITED-SCOPE EFFECTIVE DATE FOR PREVIOUS INCREASE.—Subsection (c) of section 591 of the Foreign Operations, Export Financing, and Related 

Programs Appropriations Act, 2004 (division D of Public Law 108–199) is repealed. 

(b) POST DIFFERENTIALS.—Section 5925(a) of title 5, United States Code, is 

amended in the third sentence by striking ‘‘25 percent of the rate of basic pay or, 

in the case of an employee of the United States Agency for International Development,’’. 

(c) DANGER PAY ALLOWANCES.—Section 5928 of title 5, United States Code, is 

amended by striking ‘‘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’’ both places that it appears and inserting ‘‘35 percent of the basic pay of the employee’’. 

(d) CRITERIA.—The Secretary of State shall inform the appropriate congressional committees of the criteria to be used in determinations of appropriate adjustments in post differentials under section 5925(a) of title 5, United States Code, as 

amended by subsection (b), and danger pay allowances under section 5928 of title 

5, United States Code, as amended by subsection (c). 

(e) STUDY AND REPORT.—Not later than two years after the date of the enactment of this Act, the Secretary of State shall conduct a study assessing the effect 

of the increases in post differentials and danger pay allowances made by the amendVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6621 E:\HR\OC\HR168.XXX HR168
13 

ments in subsections (b) and (c), respectively, in filling ‘‘hard-to-fill’’ positions and 

shall submit a report of such study to the appropriate congressional committees. 

SEC. 304. HOME LEAVE. 

Chapter 9 of title I of the Foreign Service Act of 1980 (relating to travel, leave, 

and other benefits) is amended— 

(1) in section 901(6) (22 U.S.C. 4081(6)), by striking ‘‘unbroken by home 

leave’’ both places that it appears; and 

(2) in section 903(a) (22 U.S.C. 4083), by striking ‘‘18 months’’ and inserting 

‘‘12 months’’. 

SEC. 305. OVERSEAS EQUALIZATION AND COMPARABILITY PAY ADJUSTMENT. 

(a) OVERSEAS COMPARABILITY PAY ADJUSTMENT.— 

(1) IN GENERAL.—Chapter 4 of the Foreign Service Act of 1980 (22 U.S.C. 

3961 et seq.) (relating to compensation) is amended by adding at the end the 

following new section: 

‘‘SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 

‘‘(a) IN GENERAL.—In accordance with subsection (c), a member of the Service 

who is designated class 1 or below and who does not have as an official duty station 

a location in the continental United States or in a non-foreign area shall receive locality-based comparability payments under section 5304 of title 5, United States 

Code, that would be paid to such member if such member’s official duty station 

would have been Washington, D.C. 

‘‘(b) TREATMENT AS BASIC PAY.—The locality-based comparability payment described in subsection (a) shall— 

‘‘(1) be considered to be part of the basic pay of a member in accordance 

with section 5304 of title 5, United States Code, for the same purposes for 

which comparability payments are considered to be part of basic pay under such 

section; and 

‘‘(2) be subject to any applicable pay limitations. 

‘‘(c) PHASE-IN.—The comparability pay adjustment described under this section 

shall be paid to a member described in subsection (a) in three phases, as follows: 

‘‘(1) In fiscal year 2006, 33.33 percent of the amount of such adjustment to 

which such member is entitled. 

‘‘(2) In fiscal year 2007, 66.66 percent of the amount of such adjustment to 

which such member is entitled. 

‘‘(3) In fiscal year 2008 and subsequent fiscal years, 100.00 percent of the 

amount of such adjustment to which such member is entitled.’’. 

(2) CONFORMING AMENDMENT.—The table of sections in section 2 of such Act 

is amended by inserting after the item relating to section 414 the following new 

item: 

‘‘Sec. 415. Overseas comparability pay adjustment.’’. 

(b) CONFORMING AMENDMENTS RELATING TO THE RETIREMENT AND DISABILITY

SYSTEM OF THE FOREIGN SERVICE.— 

(1) CONTRIBUTIONS TO THE FUND.—Section 805(a) of the Foreign Service Act 

of 1980 (22 U.S.C. 4045(a)) is amended— 

(A) in paragraph (1)— 

(i) in the first sentence, by striking ‘‘7.25 percent’’ and inserting 

‘‘7.00 percent’’; and 

(ii) in the second sentence, by striking ‘‘The contribution by the employing agency’’ through ‘‘and shall be made’’ and inserting ‘‘An equal 

amount shall be contributed by the employing agency’’; 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘, plus an amount equal to .25 

percent of basic pay’’; and 

(ii) in subparagraph (B), in the first sentence, by striking ‘‘, plus 

an amount equal to .25 percent of basic pay’’; and 

(C) in paragraph (3), by striking ‘‘, plus .25 percent’’. 

(2) COMPUTATION OF ANNUITIES.—Section 806(a)(9) of such Act (22 U.S.C. 

4046(a)(9)) is amended— 

(A) by striking ‘‘is outside’’ and inserting ‘‘was outside’’; and 

(B) by inserting after ‘‘continental United States’’ the following: ‘‘for any 

period of time from December 29, 2002, to the first day of the first full pay 

period beginning after the date of applicability of the overseas comparability pay adjustment under section 415’’; 

(3) ENTITLEMENT TO ANNUITY.—Section 855(a)(3) of such Act (22 U.S.C. 

4071d(a)(3)) is amended— 

(A) by striking ‘‘is outside’’ and inserting ‘‘was outside’’; and 

14 

(B) by inserting after ‘‘continental United States’’ the following: ‘‘for any 

period of time from December 29, 2002, to the first day of the first full pay 

period beginning after the date of applicability of the overseas comparability pay adjustment under section 415’’. 

(4) DEDUCTIONS AND WITHHOLDINGS FROM PAY.—Section 856(a)(2) of such 

Act (22 U.S.C. 4071e(a)(2)) is amended to read as follows: 

‘‘(2) The applicable percentage under this subsection shall be as follows: 

Percentage Time Period 

7.5 ................................................................................... Before January 1, 1999. 

7.75 ................................................................................. January 1, 1999, to December 31, 1999. 

7.9 ................................................................................... January 1, 2000, to December 31, 2000. 

7.55 ................................................................................. January 11, 2003, to 

September 30, 2004.

7.5 ................................................................................... After September 30, 

2004.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect 

on the date of the enactment of this Act and apply beginning on the first day of 

the first full pay period beginning after such date. 

SEC. 306. FELLOWSHIP OF HOPE PROGRAM. 

(a) FELLOWSHIP AUTHORIZED.—Chapter 5 of title I of the Foreign Service Act 

of 1980 (22 U.S.C. 3981 et seq.) is amended by adding at the end the following new 

section: 

‘‘SEC. 506. FELLOWSHIP OF HOPE PROGRAM. 

‘‘(a) ESTABLISHMENT.—The Secretary is authorized to establish a program to be 

known as 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 of such country 

or entity to be assigned to a position with the Department. 

‘‘(b) SALARY AND BENEFITS.—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 the Program shall be paid by such country or entity during the period in which 

such employee is participating in the Program. 

‘‘(c) DEFINITIONS.—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. 

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to— 

‘‘(1) authorize the appointment as an officer or employee of the United 

States of— 

‘‘(A) an individual whose allegiance is to any country, government, or 

foreign or international entity other than to the United States; or 

‘‘(B) an individual who has not met the requirements of sections 3331, 

3332, 3333, and 7311 of title 5, United States Code, and any other provision 

of law concerning eligibility for appointment as, and continuation of employment as, an officer or employee of the United States; or 

‘‘(2) authorize the Secretary to assign a member of the Service to a position 

with any foreign country whose law, or to any foreign or international entity 

whose rules, require such member to give allegiance or loyalty to such country 

or entity while assigned to such position.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Such Act is amended— 

(1) in section 503 (22 U.S.C. 3983)— 

15 

(A) in the section heading, by striking ‘‘AND’’ and inserting ‘‘FOREIGN

GOVERNMENTS, OR’’; and 

(B) in subsection (a)— 

(i) in the matter preceding paragraph (1), by inserting ‘‘foreign government,’’ after ‘‘organization,’’; and 

(ii) in paragraph (1), by inserting ‘‘, or with a foreign government 

under section 506’’ before the semicolon; and 

(2) in section 2, in the table of contents— 

(A) by striking the item relating to section 503 and inserting the following new item: 

‘‘Sec. 503. Assignments to agencies, international organizations, foreign governments, or other bodies.’’; 

and 

(B) by inserting after the item relating to section 505 the following new 

item: 

‘‘Sec. 506. Fellowship of Hope Program.’’. 

SEC. 307. REGULATIONS REGARDING RETIREMENT CREDIT FOR GOVERNMENT SERVICE PERFORMED ABROAD. 

Section 321(f) of the Foreign Relations Authorization Act, Fiscal Year 2003 (5 

U.S.C. 8411 note; Public Law 107–228) is amended by inserting ‘‘, not later than 

60 days after the date of the enactment of the Foreign Relations Authorization Act, 

Fiscal Years 2006 and 2007,’’ after ‘‘regulations’’. 

SEC. 308. PROMOTING ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS. 

(a) PROMOTIONS.—Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 

4003) is amended by striking the period at the end and inserting the following: ‘‘, 

and shall consider whether the member of the Service has served in a position 

whose primary responsibility is to formulate policy toward or represent the United 

States at an international organization, a multilateral institution, or a broad-based 

multilateral negotiation of an international instrument.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect 

and apply beginning on January 1, 2010. 

SEC. 309. SUSPENSION OF FOREIGN SERVICE MEMBERS WITHOUT PAY. 

(a) SUSPENSION.—Section 610 of the Foreign Service Act of 1980 (22 U.S.C. 

4010) is amended by adding at the end the following new subsection: 

‘‘(c)(1) The Secretary may suspend a member of the Service without pay when 

there is reasonable cause to believe that the member has committed a crime for 

which a sentence of imprisonment may be imposed and there is a connection between the conduct and the efficiency of the Foreign Service. 

‘‘(2) Any member of the Service for whom 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 this subsection: 

‘‘(A) The term ‘reasonable time’ means— 

‘‘(i) with respect to a member of the 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 Service assigned to duty outside 

the United States, 30 days after receiving notice of the proposed suspension. 

‘‘(B) The terms ‘suspend’ and ‘suspension’ mean the placing of a member of 

the Service in a temporary status without duties and pay.’’. 

(b) CONFORMING AND CLERICAL AMENDMENTS.— 

(1) AMENDMENT OF SECTION HEADING.—Such section, as amended by subsection (a), is further amended in the section heading by inserting ‘‘; SUSPENSION’’ before the period at the end. 

(2) CLERICAL AMENDMENT.—Section 2 of such Act is amended, in the table 

of contents, by striking the item relating to section 610 and inserting the following new item: 

‘‘Sec. 610. Separation for cause; suspension.’’. 

16 

SEC. 310. DEATH GRATUITY. 

Section 413(a) of the Foreign Service Act of 1980 (22 U.S.C. 3973(a)) is amended 

in the first sentence by inserting before the period at the end the following: ‘‘or 

$100,000, whichever is greater’’. 

SEC. 311. CLARIFICATION OF FOREIGN SERVICE GRIEVANCE BOARD PROCEDURES. 

Section 1106(8) of the Foreign Service Act of 1980 (22 U.S.C. 4136(8)) is amended in the first sentence— 

(1) by inserting ‘‘the involuntary separation of the grievant (other than an 

involuntary separation for cause under section 610(a)),’’ after ‘‘considering’’; and 

(2) by striking ‘‘the grievant or’’ and inserting ‘‘the grievant, or’’. 

SEC. 312. REPEAL OF RECERTIFICATION REQUIREMENT FOR MEMBERS OF THE SENIOR FOREIGN SERVICE. 

Section 305(d) of the Foreign Service Act of 1980 (22 U.S.C. 3945(d)) is hereby 

repealed. 

SEC. 313. TECHNICAL AMENDMENTS TO TITLE 5, UNITED STATES CODE, PROVISIONS ON RECRUITMENT, RELOCATION, AND RETENTION BONUSES. 

Title 5, United States Code, is amended— 

(1) in section 5753(a)(2)(A), by inserting before the semicolon at the end the 

following: ‘‘, but does not include members of the Foreign Service other than 

chiefs of mission and ambassadors-at-large’’; and 

(2) in section 5754(a)(2)(A), by inserting before the semicolon at the end the 

following: ‘‘, but does not include members of the Foreign Service other than 

chiefs of mission and ambassadors-at-large’’. 

SEC. 314. LIMITED APPOINTMENTS IN THE FOREIGN SERVICE. 

Section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949) is amended— 

(1) in subsection (a), by striking ‘‘subsection (b)’’ and inserting ‘‘subsections 

(b) or (c)’’; 

(2) in subsection (b)— 

(A) by amending paragraph (3) to read as follows: 

‘‘(3) as a career candidate, if— 

‘‘(A) continued service is determined appropriate to remedy a matter that 

would be cognizable as a grievance under chapter 11; or 

‘‘(B) the career candidate is called to military active duty pursuant to the 

Uniformed Services Employment and Reemployment Rights Act of 1994 (Public 

Law 103–353; codified in chapter 43 of title 38, United States Code) and the 

limited appointment expires in the course of such military active duty;’’; 

(B) in paragraph (4), by striking ‘‘and’’ at the end; 

(C) in paragraph (5), by striking the period at the end and inserting 

‘‘; and’’ ; and 

(D) by adding at the end the following new paragraph: 

‘‘(6) in exceptional circumstances where the Secretary determines the needs of 

the Service require the extension of a limited appointment— 

‘‘(A) for a period of time not to exceed 12 months, provided such period of 

time does not permit additional review by the boards under section 306; or 

‘‘(B) for the minimum time needed to settle a grievance, claim, or complaint 

not otherwise provided for in this section.’’; and 

(3) by adding at the end the following new subsection: 

‘‘(c) Noncareer specialist employees who have served five consecutive years 

under a limited appointment may be reappointed to a subsequent limited appointment provided there is at least a one year break in service before such new appointment. This requirement may be waived by the Director General in cases of special 

need.’’. 

SEC. 315. STATEMENT OF CONGRESS REGARDING CAREER DEVELOPMENT PROGRAM FOR 

SENIOR FOREIGN SERVICE. 

Congress declares that the recent changes proposed by the Department of State 

to the career development program for members of the Senior Foreign Service will 

help promote well-rounded and effective members of the Senior Foreign Service, and 

should be implemented as planned in the coming years. Congress fully supports the 

proposed changes that require that in order to be eligible for promotion into the 

Senior Foreign Service, a member of the Foreign Service must demonstrate over the 

course of the career of such member the following: 

(1) Operational effectiveness, including a breadth of experience in several 

regions and over several functions. 

(2) Leadership and management effectiveness. 

(3) Sustained professional language proficiency. 

(4) Responsiveness to Service needs. 

17 

SEC. 316. SENSE OF CONGRESS REGARDING ADDITIONAL UNITED STATES CONSULAR POSTS. 

It is the sense of Congress that to help advance United States economic, political, and public diplomacy interests, the Secretary of State should make best efforts 

to establish United States consulates or other appropriate United States diplomatic 

presence in Pusan, South Korea, Hat Yai, Thailand, and an additional location in 

India in an under-served region. 

SEC. 317. OFFICE OF THE CULTURE OF LAWFULNESS. 

(a) ESTABLISHMENT.—There is established in the Bureau for International Law 

Enforcement and Narcotics of the Department of State an Office of the Culture of 

Lawfulness. 

(b) DIRECTOR AND STAFF.—The Office shall be headed by a Director and staffed 

by not less than two professional staff. 

(c) DUTIES.—The Director of the Office shall coordinate and increase the effectiveness of existing culture of lawfulness programs in the Department that can directly support foreign efforts to develop a culture of lawfulness, including— 

(1) seeking coordination between various programs and activities to support 

international narcotics and other law enforcement, public diplomacy, foreign assistance, and democracy efforts by the personnel of the Department in Washington, D.C., and in United States embassies in foreign countries; 

(2) developing new initiatives to foster a culture of lawfulness through 

international organizations; 

(3) ensuring that culture of lawfulness education is included in the curricula of all law enforcement and public security academies and training programs that receive assistance from the United States, and in democracy, civic 

education, and rule of law assistance programs conducted with foreign governments and nongovernmental organizations. 

(d) REPORT.—Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 

2291h(a)) is amended by inserting after paragraph (7) the following new paragraph: 

‘‘(8) In addition, the efforts of the United States to foster the culture of lawfulness in countries around the world.’’. 

SEC. 318. REVIEW OF HUMAN RESOURCES POLICIES OF THE DEPARTMENT OF STATE. 

(a) BOTTOM-UP REVIEW OF ELEMENTS OF THE DEPARTMENT OF STATE.—The Secretary of State shall conduct ongoing, thorough reviews of the organizational structure and human resource policies of all elements of the Department of State to determine those organizational structures that are most effectively organized and 

whether personnel with the appropriate skill sets are being hired, trained, and utilized to meet national security challenges, including those posed by international 

terrorist threats. 

(b) EMPHASIS ON DIVERSITY.—The review conducted under subsection (a) shall 

include an emphasis on improving the ethnic, racial, cultural, and gender diversity 

of personnel of the Department of State. 

(c) BIENNIAL REPORT.—The Secretary shall submit to the appropriate congressional committees a biennial report on the reviews conducted under this section and 

efforts to improve diversity of the personnel of the Department of State. 

TITLE IV—INTERNATIONAL ORGANIZATIONS 

SEC. 401. REDI CENTER. 

The Secretary of State is authorized to provide for the participation by the 

United States in the Regional Emerging Disease Intervention (‘‘REDI’’) Center in 

Singapore. 

SEC. 402. EXTENSION OF AUTHORIZATION OF APPROPRIATION FOR THE UNITED STATES 

COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM. 

(a) IN GENERAL.—Subsection (a) of section 207 of the International Religious 

Freedom Act of 1998 (22 U.S.C. 6435) is amended by striking ‘‘$3,000,000 for the 

fiscal year 2003’’ and inserting ‘‘$3,300,000 for each of fiscal years 2006 through 

2011’’. 

(b) TECHNICAL AMENDMENT.—Subsection (b) of such section is amended by 

striking ‘‘subparagraph’’ and inserting ‘‘subsection’’. 

SEC. 403. REFORM OF THE INTERNATIONAL ATOMIC ENERGY AGENCY. 

(a) FINDINGS WITH RESPECT TO THE INTERNATIONAL ATOMIC ENERGY AGENCY.— 

Congress finds the following: 

(1) Efforts to prevent the further spread of nuclear weapons capabilities 

would be enhanced by universal membership in the International Atomic Energy Agency (IAEA). 

18 

(2) The enhanced authorities provided by the Additional Protocol to the 

Safeguards Agreements between the IAEA and Member States of the IAEA are 

indispensable to the ability of the IAEA to conduct inspections of nuclear facilities to a high degree of confidence. 

(3) The national security interests of the United States would be enhanced 

by the universal ratification and implementation of the Additional Protocol. 

(4) The national security interests of the United States would be enhanced 

by the rapid implementation by all Member States of the United Nations of 

United Nations Security Council Resolution 1540, which prohibits all Member 

States from providing any form of support to non-state actors that attempt to 

manufacture, acquire, possess, develop, transport, transfer, or use nuclear, 

chemical, or biological weapons and their means of delivery, and requiring all 

Member States to adopt and enforce appropriate and effective domestic laws 

criminalizing such acts. 

(5) The national security interests of the United States require that the 

IAEA possess sufficient authorities and resources to comprehensively and efficiently carry out its responsibilities for inspections and safeguards of nuclear facilities. 

(6) Regularly assessed contributions of Member States to the regular budget 

of the IAEA are due in the first quarter of each calendar year. 

(7) Currently, the United States does not pay its regularly assessed contribution to the regular budget of the IAEA until the last quarter of each calendar year. 

(8) This delayed payment results in recurring shortages of funds for the 

IAEA, thus compromising its ability to conduct safeguards inspections and nuclear security activities. 

(b) FINDINGS WITH RESPECT TO THE NUCLEAR NONPROLIFERATION TREATY.— 

Congress finds the following: 

(1) The Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) 

(commonly referred to as the ‘‘Nuclear Nonproliferation Treaty’’ or the ‘‘NPT’’) 

is the foundation for international cooperation to prevent the further spread of 

nuclear weapons capabilities. 

(2) The NPT was conceived, written, and ratified by State Parties as a treaty for the specific purpose of preventing the proliferation of nuclear weapons 

and nuclear explosive devices, as stated in the Preamble and first three Articles 

of the NPT. 

(3) The overriding priority of the NPT is preventing the proliferation of nuclear weapons and nuclear explosive devices. 

(4) Article IV of the NPT conditions the ‘‘inalienable right to develop research, production and use of nuclear energy for peaceful purposes without discrimination’’ on conformity with Articles I and II, which obligate signatories 

‘‘not to manufacture of otherwise acquire nuclear weapons or other nuclear explosive devices; and not to seek or receive any assistance in the manufacture 

of nuclear weapons or other nuclear explosive devices’’; 

(5) Because the processes used for the enrichment of uranium and the reprocessing of plutonium for peaceful purposes are virtually identical to those 

needed for military purposes and thereby inherently pose an enhanced risk of 

proliferation, even under strict international inspections, Article IV of the NPT 

cannot be interpreted to recognize the inalienable right by every country to enrich uranium or reprocess plutonium. 

(6) Because the factors needed for the development of nuclear energy for 

peaceful purposes are virtually identical to those required for the development 

of nuclear weapons and devices, Article X cannot be interpreted to allow a signatory country to develop a nuclear weapons program based on materials, facilities, and equipment it has acquired through its Article IV cooperation. 

(c) STATEMENT OF CONGRESS.—Congress declares that— 

(1) all provisions of the NPT must be interpreted within the context of preventing the proliferation of nuclear weapons and nuclear explosive devices; 

(2) Article IV of the NPT, interpreted in conformity with the NPT’s purpose, 

spirit, and freely undertaken obligations by State Parties, does not guarantee 

every country that is a State Party an inalienable right to enrich uranium or 

reprocess plutonium; and 

(3) if a State Party chooses to exercise its Article X right of withdrawal 

from the NPT, such State Party must surrender all of the materials, facilities, 

and equipment it has acquired through its Article IV cooperation, and no State 

Party will be recognized as having legally exercised its Article X right of withdrawal from the NPT until it has surrendered all such materials, facilities, and 

equipment. 

(d) SENSE OF CONGRESS.—It is the sense of Congress that— 

19 

(1) the Director General of the IAEA should strengthen efforts to secure 

universal ratification and implementation of the Additional Protocol; and 

(2) the IAEA possesses statutory authority, including under Articles II, III, 

VIII, IX, XI, and XII of the IAEA Statute, to undertake nuclear security activities. 

(e) PROMOTION OF ADDITIONAL PROTOCOL AND UNITED NATIONS SECURITY

COUNCIL RESOLUTION 1540.— 

(1) UNIVERSAL RATIFICATION AND IMPLEMENTATION; FULL COMPLIANCE.—The 

President shall take such steps as the President determines necessary to encourage— 

(A) rapid universal ratification and implementation by Member States 

of the IAEA of the Additional Protocol to the Safeguards Agreements between the IAEA and Member States; and 

(B) full compliance by all foreign countries with United Nations Security Council Resolution 1540, which calls for the adoption and enforcement 

by all foreign countries of ‘‘appropriate effective laws which prohibit any 

non-State actor to manufacture, acquire, possess, develop, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery, in particular for terrorist purposes, as well as attempts to engage in 

any of the foregoing activities, participate in them as an accomplice, assist 

or finance them’’. 

(2) SUSPENSION OF UNITED STATES NON-HUMANITARIAN FOREIGN ASSISTANCE.—The President is authorized to suspend United States non-humanitarian 

foreign assistance to any country that— 

(A) has not signed and ratified the Additional Protocol; and 

(B) has not fully complied with United Nations Security Council Resolution 1540. 

(3) REPORT.— 

(A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act and annually thereafter until September 31, 2010, the Secretary of State shall submit to the appropriate congressional committees a 

report on United States efforts to promote full compliance by all countries 

with United Nations Security Council Resolution 1540, with particular attention to the following: 

(i) United States efforts in appropriate international organizations 

or fora to elaborate and implement international standards for such full 

compliance. 

(ii) Steps taken by the United States to assist other countries to 

meet their obligations under United Nations Security Council Resolution 1540. 

(B) SUBMISSION.—The report required under this paragraph may be 

submitted together with the report on ‘‘Patterns of Global of Terrorism’’. 

(f) PAYMENT AT BEGINNING OF CALENDAR YEAR.—The Secretary of State shall 

take expeditious action to ensure that the United States regularly assessed contribution to the IAEA is made at the beginning of each calendar year. 

(g) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts otherwise authorized to be appropriated to the Secretary of State under this Act, there are authorized to be appropriated to the Secretary such sums as may be necessary to permit the Secretary to ensure that the United States regularly assessed contribution 

of its annual dues to the IAEA is provided to the IAEA at the beginning of each 

calendar year to compensate for the current delayed payment described under subsection (b). 

SEC. 404. PROPERTY DISPOSITION. 

Section 633(e) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 (division B of Public Law 108– 

199; 22 U.S.C. 2078(e)) is amended— 

(1) by striking ‘‘The United States, through the Department of State, shall 

retain ownership of the Palazzo Corpi building in Istanbul, Turkey, and the’’ 

and inserting ‘‘The’’; and 

(2) by striking ‘‘at such location’’ and inserting ‘‘at an appropriate location’’. 

TITLE V—INTERNATIONAL BROADCASTING 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘International Broadcasting Authorization Act, 

Fiscal Years 2006 and 2007’’. 

20 

SEC. 502. MIDDLE EAST BROADCASTING NETWORKS. 

(a) MIDDLE EAST BROADCASTING NETWORKS.—The United States International 

Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended by inserting after section 309 (22 U.S.C. 6208) the following new section: 

‘‘SEC. 309A. MIDDLE EAST BROADCASTING NETWORKS. 

‘‘(a) AUTHORITY.—Grants authorized under section 305 shall be available to 

make annual grants to the Middle East Broadcasting Networks for the purpose of 

carrying out radio and television broadcasting to the Middle East region. 

‘‘(b) FUNCTION.—Middle East Broadcasting Networks shall provide radio and 

television programming consistent with the broadcasting standards and broadcasting principles set forth in section 303. 

‘‘(c) GRANT AGREEMENT.—Any grant agreement or grants under this section 

shall be subject to the following limitations and restrictions: 

‘‘(1) The Board may not make any grant to the non-profit corporation, Middle East Broadcasting Networks, unless its certificate of incorporation provides 

that— 

‘‘(A) The Board of Directors of Middle East Broadcasting Networks 

shall consist of the members of the Broadcasting Board of Governors established under section 304 and of no other members. 

‘‘(B) Such Board of Directors shall make all major policy determinations 

governing the operation of Middle East Broadcasting Networks, and shall 

appoint and fix the compensation of such managerial officers and employees 

of Middle East Broadcasting Networks as it considers necessary to carry 

out the purposes of the grant provided under this title, except that no officer or employee may be paid basic compensation at a rate in excess of the 

rate for level II of the Executive Schedule as provided under section 5313 

of title 5, United States Code. 

‘‘(2) Any grant agreement under this section shall require that any contract 

entered into by Middle East Broadcasting Networks shall specify that all obligations are assumed by Middle East Broadcasting Networks and not by the 

United States Government. 

‘‘(3) Any grant agreement shall require that any lease agreement entered 

into by Middle East Broadcasting Networks shall be, to the maximum extent 

possible, assignable to the United States Government. 

‘‘(4) Grants awarded under this section shall be made pursuant to a grant 

agreement 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 Networks (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— 

‘‘(1) the Middle East Broadcasting Networks a Federal agency or instrumentality; or 

‘‘(2) the officers or employees of the Middle East Broadcasting Networks officers or employees of the United States Government.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Such Act is further amended— 

(1) in section 304(g) (22 U.S.C. 6203(g)), by inserting ‘‘, the Middle East 

Broadcasting Networks,’’ after ‘‘Incorporated’’; 

(2) in section 305 (22 U.S.C. 6204)— 

(A) in subsection (a)— 

(i) in paragraph (5), by striking ‘‘308 and 309’’ and inserting ‘‘308, 

309, and 309A’’; and 

(ii) in paragraph (6), by striking ‘‘308 and 309’’ and inserting ‘‘308, 

309, and 309A’’; and 

(B) in subsection (c), by striking ‘‘308 and 309’’ and inserting ‘‘308, 309, 

and 309A’’; and 

(3) in section 307 (22 U.S.C. 6206)— 

(A) in subsection (a), by striking ‘‘308 and 309’’ and inserting ‘‘308, 309, 

and 309A’’; and 

(B) in subsection (c), in the second sentence, by inserting ‘‘the Middle 

East Broadcasting Networks,’’ after ‘‘Asia,’’. 

(c) TECHNICAL AND CONFORMING AMENDMENT TO TITLE 5.—Section 8332(b)(11) 

of title 5, United States Code, is amended by inserting ‘‘the Middle East Broadcasting Networks;’’ after ‘‘Radio Free Asia;’’. 

21 

SEC. 503. IMPROVING SIGNAL DELIVERY TO CUBA. 

Section 3 of the Radio Broadcasting to Cuba Act (22 U.S.C. 1465a; Public Law 

98–111) is amended— 

(1) by striking subsection (b); 

(2) by striking subsection (c) and inserting the following new subsection: 

‘‘(c) To effect radio broadcasting to Cuba, the Board is authorized to utilize the 

United States International Broadcasting facilities located in Marathon, Florida, 

and the 1180 AM frequency used at those facilities. In addition to the above facilities, the Board may simultaneously utilize other governmental and nongovernmental broadcasting transmission facilities and other frequencies, including the Amplitude Modulation (AM) band, the Frequency Modulation (FM) band, and the 

Shortwave (SW) band. The Board may lease time on commercial or noncommercial 

educational AM band, FM band, and SW band radio broadcasting stations to carry 

a portion of the service programs or to rebroadcast service programs.’’; 

(3) by striking subsection (d); 

(4) by striking subsection (e) and inserting the following new subsection: 

‘‘(e) Any service program of United States Government radio broadcasts to Cuba 

authorized by this section shall be designated ‘Radio Marti program’.’’; 

(5) by striking subsection (f); and 

(6) by redesignating subsections (c) and (e) (as amended by this section) as 

subsections (b) and (c), respectively. 

SEC. 504. ESTABLISHING PERMANENT AUTHORITY FOR RADIO FREE ASIA. 

Section 309 of the United States International Broadcasting Act of 1994 (22 

U.S.C. 6208) is amended— 

(1) in subsection (c)(2), by striking ‘‘, and shall further specify that funds 

to carry out the activities of Radio Free Asia may not be available after September 30, 2009’’; and 

(2) by striking subsection (f). 

SEC. 505. PERSONAL SERVICES CONTRACTING PROGRAM. 

Section 504 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public 

Law 107–228) is amended— 

(1) in the section heading, by striking ‘‘pilot’’; 

(2) in subsection (a)— 

(A) by striking ‘‘pilot’’; 

(B) by striking ‘‘(in this section referred to as the ‘program’)’’; and 

(C) by striking ‘‘producers, and writers’’ and inserting ‘‘and other broadcasting specialists’’; 

(3) in subsection (b)(4), by striking ‘‘60’’ and inserting ‘‘100’’; and 

(4) by striking subsection (c). 

SEC. 506. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS EDUCATION BENEFITS. 

Section 305(a) of the United States International Broadcasting Act of 1994 (22 

U.S.C. 6204(a)) is amended by inserting after paragraph (18) the following new 

paragraph: 

‘‘(19)(A) To provide for the payment of primary and secondary school expenses for dependents of personnel stationed in the Commonwealth of the 

Northern Mariana Islands (CNMI) at a cost not to exceed expenses authorized 

by the Department of Defense for such schooling for dependents of members of 

the Armed Forces stationed in the Commonwealth, if the Board determines that 

schools available in the Commonwealth are unable to provide adequately for the 

education of the dependents of such personnel. 

‘‘(B) To provide transportation for dependents of such personnel between 

their places of residence and those schools for which expenses are provided 

under subparagraph (A), if the Board determines that such schools are not accessible by public means of transportation.’’. 

TITLE VI—ADVANCE DEMOCRACY ACT OF 2005 

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2005’’ or the ‘‘ADVANCE Democracy Act of 2005’’. 

SEC. 602. FINDINGS. 

Congress finds the following: 

(1) All human beings are created equal and possess certain rights and freedoms, including the fundamental right to participate in the political life and 

22 

government of their respective countries. These inalienable rights are recognized in the Declaration of Independence of the United States and in the Universal Declaration of Human Rights of the United Nations. 

(2) The continued lack of democracy, freedom, and fundamental human 

rights in some countries is inconsistent with the universal values on which the 

United States is based and such continued lack of democracy, freedom, and fundamental human rights also poses a national security threat to the United 

States, its interests, and its friends, as it is in such countries that radicalism, 

extremism, and terrorism can flourish. 

(3) There is also a correlation between nondemocratic rule and other 

threats to international peace and security, including threats from war, genocide, famine, poverty, drug trafficking, corruption, refugee flows, human trafficking, religious persecution, environmental degradation, and discrimination 

against women. 

(4) The transition to democracy must be led from within nondemocratic 

countries, including by nongovernmental organizations, movements, and individuals, and by nationals of such countries who live abroad. Nevertheless, 

democratic countries have a number of instruments available for supporting 

democratic reformers who are committed to promoting effective, nonviolent 

change in nondemocratic countries. 

(5) United States efforts to promote democracy and protect human rights 

in countries where they are lacking can be strengthened to improve assistance 

for such reformers. United States ambassadors and diplomats can play a critical 

role in such efforts to promote democracy by publicly demonstrating support for 

democratic principles and supporting democratic reformers. Training and incentives are needed to assist United States officials in strengthening the techniques and skills required to promote democracy. 

(6) A full evaluation of United States funds expended for the support of democracy is also necessary to ensure an efficient and effective use of the resources that are dedicated to these efforts. 

(7) The promotion of democracy requires a broad-based effort with collaboration between all democratic countries, including through the Community of 

Democracies. 

(8) The promotion of such universal democracy constitutes a long-term challenge that does not always lead to an immediate transition to full democracy, 

but through a dedicated and integrated approach can achieve universal democracy. 

SEC. 603. STATEMENT OF POLICY. 

It shall be the policy of the United States— 

(1) to promote freedom and democracy in foreign countries as a fundamental component of United States foreign policy; 

(2) to affirm fundamental freedoms and human rights in foreign countries 

and to condemn offenses against those freedoms and rights as a fundamental 

component of United States foreign policy; 

(3) to use all instruments of United States influence to support, promote, 

and strengthen democratic principles, practices, and values in foreign countries, 

including the right to free, fair, and open elections, secret balloting, and universal suffrage; 

(4) to protect and promote fundamental freedoms and rights, including the 

freedoms of association, of expression, of the press, and of religion, and the right 

to own private property; 

(5) to protect and promote respect for and adherence to the rule of law in 

foreign countries; 

(6) to provide appropriate support to organizations, individuals, and movements located in nondemocratic countries that aspire to live in freedom and establish full democracy in such countries; 

(7) to provide, political, economic, and other support to foreign countries 

that are willingly undertaking a transition to democracy; 

(8) to commit United States foreign policy to the challenge of achieving universal democracy; and 

(9) to strengthen alliances and relationships with other democratic countries in order to better promote and defend shared values and ideals. 

SEC. 604. DEFINITIONS. 

In this title: 

(1) ANNUAL REPORT ON DEMOCRACY.—The term ‘‘Annual Report on Democracy’’ means the Annual Report on Democracy required under section 612(a). 

(2) COMMUNITY OF DEMOCRACIES AND COMMUNITY.—The terms ‘‘Community 

of Democracies’’ and ‘‘Community’’ mean the association of democratic countries 

23 

committed to the global promotion of democratic principles, practices, and values, which held its First Ministerial Conference in Warsaw, Poland, in June 

2000. 

(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means any nongovernmental organization, international organization, multilateral institution, private 

foundation, corporation, partnership, association, or other entity, organization, 

or group engaged in (or with plans to engage in) the promotion of democracy 

and fundamental rights and freedoms in foreign countries categorized as ‘‘democratic transition countries’’ or as ‘‘nondemocratic’’ in the most recent Annual Report on Democracy. 

(4) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible individual’’ means any individual engaged in, or who intends to engage in, the promotion of democracy and 

fundamental rights and freedoms in foreign countries categorized as ‘‘democratic transition countries’’ or as ‘‘nondemocratic’’ in the most recent Annual Report on Democracy. 

(5) REGIONAL DEMOCRACY HUB AND HUB.—The terms ‘‘Regional Democracy 

Hub’’ and ‘‘Hub’’ mean the Regional Democracy Hubs established under section 

611(c)(2). 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of State. 

(7) UNDER SECRETARY.—The term ‘‘Under Secretary’’ means the Under Secretary of State for Democracy and Global Affairs established under section 1(b) 

of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(b)), as 

amended by section 611(a)(2) of this Act. 

Subtitle A—Department of State Activities 

SEC. 611. PROMOTION OF DEMOCRACY IN FOREIGN COUNTRIES. 

(a) CODIFICATION OF UNDER SECRETARY OF STATE FOR DEMOCRACY AND GLOBAL

AFFAIRS.—Section 1(b) of the State Department Basic Authorities Act of 1956 (22 

U.S.C. 2651a(b)) is amended— 

(1) by redesignating paragraph (4) as paragraph (5); and 

(2) by inserting after paragraph (3) the following new paragraph: 

‘‘(4) UNDER SECRETARY OF STATE FOR DEMOCRACY AND GLOBAL AFFAIRS.— 

There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary of State for Democracy and Global Affairs, who shall have primary responsibility to assist the Secretary and the 

Deputy Secretary in the formulation and implementation of United States policies and activities relating to the transition to and development of democracy 

in nondemocratic countries and to coordinate United States policy on global 

issues, including issues related to human rights, women’s rights, freedom of religion, labor standards and relations, the preservation of the global environment, the status and protection of the oceans, scientific cooperation, narcotics 

control, law enforcement, population issues, refugees, migration, war crimes, 

and trafficking in persons. The Secretary may assign such other responsibilities 

to the Under Secretary for Democracy and Global Affairs as the Secretary determines appropriate or necessary. In particular, the Under Secretary shall have 

the following responsibilities: 

‘‘(A) Coordinating with the Under Secretary for Public Diplomacy and 

Public Affairs and officers and employees from the regional bureaus of the 

Department of State to promote the transition to democracy in nondemocratic countries and strengthen development of democracy in countries that 

are in transition to democracy. 

‘‘(B) Advising the Secretary regarding any recommendation requested 

by any official of any other agency that relates to the human rights situation in a foreign country or the effects on human rights or democracy in 

a foreign country of an agency program of such official.’’. 

(b) ADDITIONAL DUTIES FOR ASSISTANT SECRETARY OF STATE FOR DEMOCRACY, 

HUMAN RIGHTS, AND LABOR.—Section 1(c)(2)(A) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(2)) is amended by inserting after the first 

sentence the following new sentence: ‘‘The Assistant Secretary of State for Democracy, Human Rights, and Labor shall also be responsible for matters relating to the 

transition to and development of democracy in nondemocratic countries, including 

promoting and strengthening the development of democracy in foreign countries 

that are in the early stages of a transition to democracy and evaluating the effectiveness of United States programs that promote democracy.’’. 

(c) DEPARTMENT OF STATE AND UNITED STATES MISSIONS ABROAD.— 

(1) OFFICE RELATED TO DEMOCRATIC MOVEMENTS AND TRANSITIONS.— 

24 

(A) ESTABLISHMENT.—There shall be within the Bureau of Democracy, 

Human Rights, and Labor of the Department of State an office that shall 

be responsible for working with democratic movements and facilitating the 

transition of nondemocratic countries and democratic transition countries to 

full democracy. 

(B) PURPOSE.—In addition to any other responsibilities conferred on the 

office, the office shall promote transitions to full democracy in countries 

that have been categorized as nondemocratic or as democratic transition 

countries in the most recent Annual Report on Democracy required under 

section 612(a). 

(C) RESPONSIBILITIES.—The Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor described in paragraph (4) and employees of the office shall— 

(i) develop relations with, consult with, and provide assistance to 

nongovernmental organizations, individuals, and movements that are 

committed to the peaceful promotion of democracy, democratic principles, practices, and values, and fundamental rights and freedoms in 

countries described in subparagraph (B), including fostering relationships with the United States Government and the governments of other 

democratic countries; 

(ii) assist officers and employees of regional bureaus to develop 

strategies and programs to promote peaceful change in such countries; 

(iii) foster dialogue, to the extent practicable, between the leaders 

of such nongovernmental organizations, individuals, and movements 

and the officials of such countries; 

(iv) create narratives and histories required under section 616 for 

the Internet site for global democracy and human rights and assist in 

the preparation of the report required under section 612; and 

(v) facilitate, in coordination with public affairs officers and offices 

of the Department of State responsible for public diplomacy programs 

in such countries, debates and discussions, including among young people in other countries, regarding the values and benefits of democracy 

and human rights at academic institutions in such countries. 

(2) REGIONAL DEMOCRACY HUBS AT UNITED STATES MISSIONS ABROAD.— 

(A) PILOT PROGRAM.— 

(i) IN GENERAL.—The Secretary shall establish at least one Regional Democracy Hub at one United States mission in two of the following geographic regions: 

(I) The Western Hemisphere. 

(II) Europe. 

(III) South Asia. 

(IV) The Near East. 

(V) East Asia and the Pacific. 

(VI) Africa. 

(ii) DIRECTOR.—Each Regional Democracy Hub shall be headed by 

a Director. The Director and the associated staff shall be selected by 

the Secretary of State in consultation with the Assistant Secretary of 

State for Democracy, Human Rights, and Labor. 

(B) RESPONSIBILITIES.—Each Regional Democracy Hub shall support 

the appropriate United States ambassador and United States employees assigned to United States missions in each such geographic region to carry 

out the responsibilities described in this Act, including assisting Ambassadors and other United States officials in each nondemocratic country or 

democratic transition country in the geographic region to design and implement strategies for a transition to democracy in such county, including regional strategies as appropriate. 

(C) ACCREDITATION.—As appropriate, the Department should seek accreditation for the Director to all nondemocratic countries in each geographic region for which each Hub is responsible. 

(D) TERMINATION.—The Secretary may terminate each Hub established 

under this paragraph five years after each is established. 

(E) CONTINUING RESPONSIBILITIES.—Nothing in this paragraph shall be 

construed as removing any responsibility under this or any other Act of any 

chief of mission or other employees of United States diplomatic missions, 

including the development and implementation of strategies to promote democracy. 

(F) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be 

appropriated to the Secretary such sums as may be necessary to carry out 

25 

the responsibilities described in subparagraph (B), including hiring additional staff to carry out such responsibilities. 

(3) RESPONSIBILITIES OF THE BUREAU OF INTELLIGENCE AND RESEARCH.—The 

Assistant Secretary of State for Intelligence and Research should coordinate 

with the Department of the Treasury, the Department of Justice, the Central 

Intelligence Agency, other appropriate intelligence agencies, and, as appropriate, with foreign governments to— 

(A) monitor and document financial assets inside and outside the 

United States held by leaders of countries determined to be nondemocratic 

countries or democratic transition countries in the Annual Report on Democracy under section 612(a); 

(B) identify close associates of such leaders; and 

(C) monitor and document financial assets inside and outside the 

United States held by such close associates. 

(4) COORDINATION.— 

(A) DEPUTY ASSISTANT SECRETARY OF STATE FOR DEMOCRACY, HUMAN

RIGHTS, AND LABOR.—There should be in the Department of State a Deputy 

Assistant Secretary of State for Democracy, Human Rights, and Labor. Any 

such Deputy Assistant Secretary shall be in addition to the current number 

of Deputy Assistant Secretaries. In addition to considering qualified noncareer candidates, the Secretary of State should seek to recruit senior members of the Senior Foreign Service to serve in such position. 

(B) RESPONSIBILITIES.—In addition to the responsibilities described in 

paragraph (1)(C) and such other responsibilities as the Secretary or Assistant Secretary of State for Democracy, Human Rights, and Labor may from 

time to time designate, the Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor should— 

(i) coordinate the work of the office described in paragraph (1) with 

the work of other offices and bureaus at the Department of State and 

other United States Government agencies that provide grants and 

other assistance to nongovernmental organizations, individuals, and 

movements; and 

(ii) forge connections between the United States and nongovernmental organizations, individuals, and movements committed to the 

promotion of democracy and democratic principles, practices, and values and seek to embrace the work of such organizations, individuals, 

and movements. 

(5) RECRUITMENT.—The Secretary shall seek to ensure that, not later than 

December 31, 2012, not less than 50 percent of the nonadministrative employees serving in the Bureau of Democracy, Human Rights, and Labor are members of the Foreign Service. 

SEC. 612. REPORTS. 

(a) ANNUAL REPORT ON DEMOCRACY.— 

(1) PREPARATION AND DEADLINE FOR SUBMISSION.—The Secretary of State 

shall prepare an Annual Report on Democracy. The Under Secretary of State 

for Democracy and Global Affairs, with the assistance of the Assistant Secretary 

of State for Democracy, Human Rights, and Labor, shall have the principal responsibility of assisting the Secretary in the preparation of the Annual Report. 

The Under Secretary and Assistant Secretary shall consult with the regional 

bureaus of the Department of State in the preparation of the Annual Report. 

Not later than July 1 of each year, the Secretary shall submit to the appropriate congressional committees the Annual Report on Democracy. 

(2) CONTENTS.—The Annual Report on Democracy shall contain the following: 

(A) EXECUTIVE SUMMARY.—An Executive Summary with a table listing 

every foreign country that the Secretary determines to be ‘‘nondemocratic’’, 

and a list of countries the Secretary determines to be ‘‘democratic transition 

countries’’ because they are at the early stages of their transition to democracy. The Executive Summary shall contain a short narrative highlighting 

the status of democracy in each such country. 

(i) DETERMINATION OF CATEGORIZATION.—With respect to a country 

listed in the Executive Summary, the Secretary shall determine which 

of the categorizations specified under subparagraph (A) is appropriate 

by reference to the principles enshrined in the United Nations Charter, 

the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the United Nations Commission on 

Human Rights Resolution 1499/57 (entitled ‘‘Promotion of the Right to 

Democracy’’), the assessments used to determine eligibility for financial 

26 

assistance disbursed from the Millennium Challenge Account, the assessments of nongovernmental organizations of eligibility to participate 

in the meetings of the Community of Democracies, and the standards 

established and adopted by the Community of Democracies. In addition, 

the categorization of a country should be informed by the general consensus regarding the status of civil and political rights in such country 

by major nongovernmental organizations that conduct assessments of 

such conditions in such countries. 

(ii) DETERMINATION OF NONDEMOCRATIC CATEGORIZATION.— (I) IN GENERAL.—The Secretary shall categorize a country as 

nondemocratic if such country fails to satisfy any of the following 

requirements: 

(aa) All citizens of such county have the right to, and are 

not restricted in practice from, fully and freely participating in 

the political life of such country regardless of gender, race, language, religion, or beliefs. 

(bb) The national legislative body of such country and, if 

directly elected, the head of government of such country, are 

chosen by free, fair, open, and periodic elections, by universal 

and equal suffrage, and by secret ballot. 

(cc) More than one political party in such country has candidates who seek elected office at the national level and such 

parties are not restricted in their political activities or their 

process for selecting such candidates, except for reasonable administrative requirements commonly applied in countries categorized as fully democratic. 

(dd) All citizens in such country have a right to, and are 

not restricted in practice from, fully exercising the freedoms of 

thought, conscience, belief, peaceful assembly and association, 

speech, opinion, and expression, and such country has a free, 

independent, and pluralistic media. 

(ee) The current government of such country did not come 

to power in a manner contrary to the rule of law. 

(ff) Such country possesses an independent judiciary and 

the government of such country generally respects the rule of 

law. 

(II) ADDITIONAL CONSIDERATIONS.—Notwithstanding the satisfaction by a country of the requirements specified under subclause 

(I), the Secretary may categorize a country as nondemocratic if the 

Secretary determines that such is appropriate after consideration 

of the principles specified under clause (i) with respect to such 

country. 

(B) STATUS OF DEMOCRACY.—A description of each country on the list 

described in subparagraph (A), including— 

(i) an evaluation of trends over the preceding 12 months towards 

improvement or deterioration in the commitment to and protection of 

democratic principles, practices, values, institutions, and processes in 

each such country; 

(ii) an evaluation of the political rights and freedoms enjoyed by individuals in each such country and an evaluation of the factors that 

prevent each such country from being categorized as fully democratic; 

and 

(iii) for each country previously categorized as nondemocratic in 

the Executive Summary from the preceding 12 months, an evaluation 

of any progress made over the previous calendar year towards achieving a categorization of democratic transition country. 

(C) STRATEGY FOR NONDEMOCRATIC COUNTRIES.—An in-depth examination of each country categorized as nondemocratic in the Executive Summary, including— 

(i) a strategy developed following consultations with nongovernmental organizations, individuals, and movements that promote democratic principles, practices, and values in each such country to promote 

and achieve transition to full democracy in each such country; 

(ii) a summary of any actions taken by the President with respect 

to any such country, the effects of any such actions, and if no such actions have been taken, a statement explaining why not; 

(iii) a summary of any actions taken by the chief of mission and 

officials of the United States in each such country with which the 

United States maintains diplomatic and consular posts with respect to 

27 

promoting such a transition within such country and any activities of 

the embassy or consulate in such country to support individuals and organizations in such country that actively advocate for such a transition; 

(iv) a summary of efforts taken by officials of the United States to 

speak directly to the people in each such country, and in particular, a 

description of any visits taken by the chief of mission and other officials 

of the United States in each such country to the colleges and universities and other institutions in each such country where young people 

congregate and learn; 

(v) a summary of any communications between United States Government officials, including the chief of mission in each such country, 

and the leader and other high government officials of each such country 

concerning respect for liberty, democracy, and political, social, and economic freedoms; and 

(vi) a description and evaluation of the efforts undertaken by other 

democratic countries belonging to the Community of Democracies to advance democracy in each such county, including through relevant bodies of the United Nations, regional organizations and bilateral policies 

and foreign assistance and the extent to which the United States coordinated United States actions and policies with such efforts. 

(3) CLASSIFIED ADDENDUM.—If the Secretary determines that it is in the national security interests of the United States, is necessary for the safety of individuals identified in the Annual Report on Democracy, or is necessary to further 

the purposes of this Act, any information required by paragraph (2), including 

policies adopted or actions taken by the United States, may be summarized in 

the Annual Report on Democracy or in the Executive Summary and submitted 

to the appropriate congressional committees in more detail in a classified addendum. 

(b) ONE-TIME REPORT ON TRAINING AND GUIDELINES FOR FOREIGN SERVICE OF- FICERS AND CHIEFS OF MISSION.—The Secretary of State, in consultation with the 

Under Secretary of State for Democracy and Global Affairs, shall submit to the appropriate congressional committees a one-time report containing a description of the 

training provided under section 619 for Foreign Service officers, including chiefs of 

mission serving or preparing to serve in countries categorized as democratic transition countries or nondemocratic in the Annual Report on Democracy required under 

subsection (a), or chiefs of mission in fully democratic countries whose job performance could benefit from such training, with respect to methods to promote and 

achieve transition to full democracy in each such country, including nonviolent action. The Secretary shall submit the report together with the first Annual Report 

on Democracy required under such subsection. 

SEC. 613. STRATEGIES TO ENHANCE THE PROMOTION OF DEMOCRACY IN FOREIGN COUNTRIES. 

(a) WORKING GROUP ON NONDEMOCRATIC COUNTRIES.—Beginning in the year 

after the second Annual Report on Democracy required under section 612(a) is submitted and not less than once each year thereafter, the Under Secretary of State 

for Democracy and Global Affairs should convene a working group under subsection 

(c) focused on each country categorized as nondemocratic in the most recent such 

report in order to— 

(1) review progress on the action plan with respect to each such country to 

promote and achieve the transition to full democracy in such country; and 

(2) receive recommendations regarding further action that should be taken 

with respect to such plan. 

(b) WORKING GROUP ON DEMOCRATIC TRANSITION COUNTRIES.—Beginning in the 

year after the second Annual Report on Democracy required under section 612(a) 

is submitted and not less than once each year thereafter, the Under Secretary of 

State for Democracy and Global Affairs should also convene a working group under 

subsection (c) focused on the progress towards a fully democratic form of governance 

in each country categorized as a democratic transition country in the most recent 

Annual Report that was categorized as nondemocratic in any previous Annual Report. 

(c) MEMBERS OF WORKING GROUPS.—The working groups referred to in subsections (a) and (b) should include officers and employees of the Department of State 

and appropriate representatives from other relevant government agencies, including 

the United States Agency for International Development, the Department of the 

Treasury, and the Department of Defense. 

(d) CONSULTATIONS WITH CHIEFS OF MISSIONS.—The chief of mission for each 

country categorized as nondemocratic or a democratic transition country in the most 

recent Annual Report on Democracy shall meet with the Under Secretary of State 

for Democracy and Global Affairs at least once each year to discuss the transition 

28 

to full democracy in such country, including any actions the chief of mission has 

taken to implement the action plan for such country included in such report. 

SEC. 614. ACTIVITIES BY THE UNITED STATES TO PROMOTE DEMOCRACY AND HUMAN 

RIGHTS IN FOREIGN COUNTRIES. 

(a) FREEDOM INVESTMENT ACT OF 2002.—The Freedom Investment Act of 2002 

(subtitle E of title VI of Public Law 107–228) is amended— 

(1) in section 663(a), (relating to human rights activities at the Department 

of State)— 

(A) in paragraph (1), by striking ‘‘and’’ at the end; 

(B) by redesignating paragraph (2) as paragraph (4); 

(C) by inserting after paragraph (1) the following new paragraphs: 

‘‘(2) a United States mission abroad in a country that has been categorized 

as nondemocratic in the most recent Annual Report on Democracy (as required 

under section 612(a) of the Advance Democratic Values, Address Nondemocratic 

Countries, and Enhance Democracy Act of 2005) should have at least one political officer who shall have primary responsibility for monitoring and promoting 

democracy and human rights in such country; 

‘‘(3) the level of seniority of any such political officer should be in direct relationship to the severity of the problems associated with the establishment of 

full democracy and respect for human rights in such country; and’’; and 

(D) in paragraph (4), as so redesignated, by striking ‘‘monitoring 

human rights developments’’ and all that follows through ‘‘recommendation’’ 

and inserting the following: ‘‘monitoring and promoting democracy and 

human rights, including a political officer described in paragraphs (2) and 

(3), in a foreign country should be made after consultation with and upon 

the recommendation’’; and 

(2) in section 665(c) (relating to reports on actions taken by the United 

States to encourage respect for human rights), by striking the second sentence 

and adding at the end the following new sentences: ‘‘If the Secretary elects to 

submit such information as a separate report, such report may be submitted as 

part of the Annual Report on Democracy required under section 612(a) of the 

Advance Democratic Values, Address Nondemocratic Countries, and Enhance 

Democracy Act of 2005. If the Secretary makes such an election, such report 

shall be organized so as to contain a separate section for each country to which 

such information applies, together with a short narrative describing the 

extrajudicial killing, torture, or other serious violations of human rights that 

are indicated to have occurred in each such country.’’. 

(b) FOREIGN ASSISTANCE ACT OF 1961.—The Foreign Assistance Act of 1961 (22 

U.S.C. 2151 et seq.) is amended— 

(1) in section 116(d) (22 U.S.C. 2151n(d)), by striking paragraph (10) and 

inserting the following new paragraph: 

‘‘(10) for each country with respect to which the report indicates that 

extrajudicial killings, torture, or other serious violations of human rights have 

occurred in the country, a strategy, including a specific list of priorities and an 

action plan, to end such practices in the country, and any actions taken in the 

previous year to end such practices in the country; and’’; and 

(2) in section 502B(b) (22 U.S.C. 2304(b)), by striking the sixth sentence 

and inserting the following new sentence: ‘‘Such report shall also include, for 

each country with respect to which the report indicates that extrajudicial 

killings, torture, or other serious violations of human rights have occurred in 

the country, a strategy, including a specific list of priorities and an action plan, 

to end such practices in the country, and any actions taken in the previous year 

to end such practices in the country.’’. 

SEC. 615. DEMOCRACY PROMOTION AND HUMAN RIGHTS ADVISORY BOARD. 

(a) ESTABLISHMENT.—There is established a Democracy Promotion and Human 

Rights Advisory Board. 

(b) PURPOSE AND DUTIES.—The Board shall advise and provide recommendations to the Secretary of State, the Under Secretary of State for Democracy and 

Global Affairs, the Assistant Secretary of State for Democracy, Human Rights, and 

Labor, and the Assistant Administrator for the Bureau of Democracy, Conflict and 

Humanitarian Assistance of the United States Agency for International Development concerning United States policies regarding the promotion of democracy and 

the establishment of universal democracy, including the following: 

(1) Reviewing and making recommendations regarding the overall United 

States strategy for promoting democracy and human rights in partly democratic 

and nondemocratic countries, including methods for incorporating the promotion 

of democracy and human rights into United States diplomacy, the use of international organizations to further United States democracy promotion goals, and 

29 

ways in which the United States can work with other countries and the Community of Democracies to further such purposes. 

(2) Recommendations regarding specific strategies to promote democracy in 

countries categorized as nondemocratic or as democratic transition countries in 

the most recent Annual Report on Democracy under section 612(a) and methods 

for consulting and coordinating with individuals (including expatriates) and 

nongovernmental organizations that promote democratic principles, practices, 

and values. 

(3) Recommendations regarding the use of— 

(A) programs related to the promotion of democracy and human rights 

administered by the United States Agency for International Development; 

and 

(B) the Human Rights and Democracy Fund, established under section 

664 of the Freedom Investment Act of 2002 (subtitle E of title VI of Public 

Law 107–228). 

(4) Recommendations regarding regulations to be promulgated concerning— 

(A) the standards of performance to be met by members of the Foreign 

Service, including chiefs of mission, under section 405(d) of the Foreign 

Service Act of 1980 (22 U.S.C. 3965(d)); and 

(B) the development of programs to promote democracy in foreign countries under section 614, relating to programs undertaken by United States 

missions in foreign countries and the activities of chiefs of mission. 

(c) STUDY ON DEMOCRACY ASSISTANCE.— 

(1) IN GENERAL.—Not later than 18 months after the appointment of five 

members of the Board, the Board shall submit to the President, appropriate 

congressional committees, and the Secretary a study on United States democracy assistance. 

(2) CONTENTS.—The study shall include— 

(A) a comprehensive review and an overall evaluation of the efficiency 

and effectiveness of United States appropriations for the promotion of democracy, including— 

(i) information regarding the amount of money dedicated to such 

purpose each fiscal year; 

(ii) an identification of the international organizations, nongovernmental organizations, multilateral institutions, individuals, private 

groups (including corporations and other businesses), and government 

agencies and departments receiving such funds for such purpose; 

(iii) information regarding the efficiency and effectiveness of the 

use of such funds to promote a transition to democracy in nondemocratic countries with a special emphasis on activities related to the promotion of democracy under subsection (b)(3)(B), relating to the Human 

Rights and Democracy Fund; and 

(iv) information regarding the efficiency and effectiveness of the 

use of such funds to promote and sustain democracy in countries that 

are already fully democratic or democratic transition countries; 

(B) a review of— 

(i) whether United States international broadcasts influence citizens of countries categorized as nondemocratic in the most recent Annual Report on Democracy and the impact of increasing such broadcasts to such countries relative to the cost of such increases, including 

information relating to an assessment of programming on the means of 

nonviolent protest and democratic change; and 

(ii) the potential contribution that supporting private media 

sources that are not controlled or owned by the United States to reaching citizens of such countries, the situations where such support may 

be appropriate, and the mechanisms that should be used to provide 

such support; 

(C) policy recommendations to the President and appropriate congressional committees regarding ways to improve United States programs for 

the promotion of democracy, including coordination of such programs; and 

(D) recommendations for reform of United States Government agencies 

involved in the promotion of democracy. 

(d) MEMBERSHIP.— 

(1) APPOINTMENT.—The Board shall be composed of nine members, who 

shall be citizens of the United States and who shall not be officers or employees 

of the United States. The Secretary shall appoint all such members. Not more 

than five members may be affiliated with the same political party. 

(2) SELECTION.—Members of the Board shall be selected from among distinguished individuals noted for their knowledge and experience in fields relevant 

30 

to the issues to be considered by the Board, including issues related to the promotion of democracy, international relations, management and organization of 

foreign assistance or comparable programs, methods and means of nonviolent 

protest, academic study and debate of democracy, human rights, and international law. 

(3) TIME FOR APPOINTMENT.—The appointment of members to the Board 

under paragraph (1) shall be made not later than 120 days after the date of 

the enactment of this Act. 

(4) TERM OF SERVICE AND SUNSET.—Each member shall be appointed to the 

Board for a term that shall expire on the date that is one year after the date 

of the submission of the study under subsection (c). 

(5) SUNSET.—The Board shall terminate on the date that is one year after 

the date of the submission of the study under such subsection unless the Secretary determines that it is in the interest of the Department to extend the 

Board for a period of an additional five years. 

(6) SECURITY CLEARANCES.—The Secretary shall ensure that all members of 

the Board, and appropriate experts and consultants under paragraph (7)(E), obtain relevant security clearances in an expeditious manner. 

(7) OPERATION.— 

(A) CHAIR.—The Secretary shall appoint one member of the Board to 

chair the Board. The Board shall meet at the call of the Chair. 

(B) TRAVEL EXPENSES.—Members of the Board shall be allowed travel 

expenses, including per diem in lieu of subsistence, at rates authorized for 

employees of agencies under subchapter I of chapter 57 of title 5, United 

States Code, while away from their homes or regular places of business in 

the performance of service for the Board. 

(C) OFFICE SPACE AND ADMINISTRATIVE ASSISTANCE.—Upon the request 

of the chairperson of the Board, the Secretary shall provide reasonable and 

appropriate office space, supplies, and administrative assistance. 

(D) APPLICABILITY OF CERTAIN OTHER LAWS.—Nothing in this section 

shall be construed to cause the Board to be considered an agency or establishment of the United States, or to cause members of the Board to be considered officers or employees of the United States. Executive branch agencies may conduct programs and activities and provide services in support 

of the activities duties of the Board, notwithstanding any other provision 

of law. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 

to the Board. 

(E) EXPERTS AND CONSULTANTS.—The Board may procure temporary 

and intermittent services under section 3109(b) of title 5, United States 

Code. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to the Board such sums as may be necessary for each of fiscal years 2006, 2007, 

and 2008. 

SEC. 616. ESTABLISHMENT AND MAINTENANCE OF INTERNET SITE FOR GLOBAL DEMOCRACY 

AND HUMAN RIGHTS. 

(a) ESTABLISHMENT.—In order to facilitate access by individuals and nongovernmental organizations in foreign countries to documents, streaming video and audio, 

and other media regarding democratic principles, practices, and values, and the promotion and strengthening of democracy, the Secretary of State, in cooperation with 

the Under Secretary of State for Democracy and Global Affairs, the Under Secretary 

for Public Diplomacy and Public Affairs, and the Assistant Secretary of State for Democracy, Human Rights, and Labor, shall establish and maintain an Internet site 

for global democracy and human rights. 

(b) CONTENTS.—The Internet site for global democracy established under subsection (a) shall include the following information: 

(1) The Executive Summary prepared under section 612(a)(2)(A), but only 

to the extent that information contained therein is not classified. 

(2) Narratives and histories of significant democratic movements in foreign 

countries, particularly regarding successful nonviolent campaigns to oust dictatorships. 

(3) Narratives relating to the importance of the establishment of and respect for fundamental freedoms. 

(4) Major human rights reports by the United States Government or any 

other documents, references, or links to external Internet sites the Secretary or 

Under Secretary determines appropriate, including reference to or links to 

training materials regarding successful movements in the past, including translations of such materials, as appropriate. 

31 

SEC. 617. PROGRAMS BY UNITED STATES MISSIONS IN FOREIGN COUNTRIES AND ACTIVITIES 

OF CHIEFS OF MISSION. 

(a) DEVELOPMENT OF PROGRAMS TO PROMOTE DEMOCRACY IN FOREIGN COUN- TRIES.—Each chief of mission in each foreign country categorized as nondemocratic 

in the most recent Annual Report on Democracy, with the assistance of the director 

of the relevant Regional Hub, shall— 

(1) develop, as part of annual program planning, a strategy to promote democracy in each such foreign country and to provide visible and material support to individuals and nongovernmental organizations in each such country 

that are committed to democratic principles, practices, and values, such as— 

(A) consulting and coordinating with such individuals and organizations regarding the promotion of democracy; 

(B) visiting local landmarks and other local sites associated with nonviolent protest in support of democracy and freedom from oppression; 

(C) holding periodic public meetings with such individuals and organizations to discuss democracy and political, social, and economic freedoms; 

(D) issuing public condemnation of severe violations of internationally 

recognized human rights (as such term is described in section 116(a) of the 

Foreign Assistance Act of 1961 (22 U.S.C. 2151n(a)), violations of religious 

freedom, including particularly severe violations of religious freedom (as 

such terms are defined in paragraphs (11) and (13) of section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402)), political repression, and government-tolerated or -condoned trafficking in persons; and 

(E) providing technical, financial, and such other support to such individuals and organizations; 

(2) hold ongoing discussions with the leaders of each such nondemocratic 

country regarding a transition to full democracy and the development of political, social, and economic freedoms and respect for human rights, including freedom of religion or belief, in such country; and 

(3) conduct meetings with civil society, interviews with media that can directly reach citizens of each such country, and discussions with students and 

young people of each such country regarding a transition to democracy and the 

development of political, social, and economic freedoms in each such country. 

(b) PUBLIC OUTREACH IN FOREIGN COUNTRIES.—Each chief of mission or principal officer should spend time at universities and other institutions of higher learning to— 

(1) debate and discuss values and policies that promote democracy; and 

(2) communicate, promote, and defend such United States values and policies. 

(c) ACCESS TO UNITED STATES MISSIONS.—The Secretary is encouraged to allow 

access to a United States diplomatic or consular mission in each foreign country categorized as a democratic transition country or as nondemocratic in the most recent 

Annual Report on Democracy by individuals and representatives of nongovernmental organizations in each such country who are committed to democratic principles, practices, and values in each such country. 

SEC. 618. TRAINING FOR FOREIGN SERVICE OFFICERS. 

(a) TRAINING IN DEMOCRACY AND THE PROMOTION OF DEMOCRACY AND HUMAN

RIGHTS.—Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended by adding at the end the following new subsection: 

‘‘(c) TRAINING ON GLOBAL DEMOCRACY PROMOTION.— ‘‘(1) IN GENERAL.—In addition to the training required under subsections (a) 

and (b), the Secretary of State, in cooperation with other relevant officials, including the Under Secretary of State for Democracy and Global Affairs, and the 

Director of the National Foreign Affairs Training Center of the Foreign Service 

Institute of the Department of State, shall establish as part of the training provided after December 31, 2006, for members of the Service, including all chiefs 

of mission and deputy chiefs of mission, instruction in how to strengthen and 

promote democracy through peaceful means in consultation with individuals 

and nongovernmental organizations that support democratic principles, practices, and values. In particular, such instruction shall be mandatory for members of the Service having reporting or other responsibilities relating to internal 

political developments and human rights, including religious freedom, in nondemocratic countries or democratic transition countries as categorized in the 

most recent Annual Report on Democracy as required under section 612(a) of 

the Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2005, including for chiefs of mission and deputy chiefs 

of mission, and shall be completed before the time that such member or chief 

of mission assumes a post (or, if such is not practical, within the first year of 

assuming such post). 

32 

‘‘(2) CONTENTS OF TRAINING.—The training required under paragraph (1) 

shall include instruction, a training manual, and other materials regarding the 

following: 

‘‘(A) International documents and United States policy regarding electoral democracy and respect for human rights. 

‘‘(B) United States policy regarding the promotion and strengthening of 

democracy around the world, with particular emphasis on the transition to 

democracy in nondemocratic countries. 

‘‘(C) For any member, chief of mission, or deputy chief of mission who 

is to be assigned to a foreign country that is categorized as nondemocratic 

in the Annual Report on Democracy, instruction regarding ways to promote 

democracy in such country and providing technical, financial, and other 

support to individuals (including expatriated citizens) and nongovernmental 

organizations in such country that support democratic principles, practices, 

and values. 

‘‘(D) The protection of internationally recognized human rights (including the protection of religious freedom) and standards related to such 

rights, provisions of United States law related to such rights, diplomatic 

tools to promote respect for such rights, the protection of individuals who 

have fled their countries due to violations of such rights (including the role 

of United States embassies in providing access to the United States Refugee 

Admissions Program) and the relationship between respect for such rights 

and democratic development and national security. The Director of the National Foreign Affairs Training Center of the Foreign Service Institute of 

the Department of State shall consult with nongovernmental organizations 

involved in the protection and promotion of such rights and the United 

States Commission on International Religious Freedom (established under 

section 201(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 

6431(a)) in developing the training required by this subparagraph.’’. 

(b) OTHER TRAINING.—The Secretary of State shall ensure that the training described in subsection (a) is provided to members of the civil service who are assigned 

in the United States or abroad who have reporting or other responsibilities relating 

to internal political developments and human rights in countries that are categorized as democratic transition countries or nondemocratic in the Annual Report 

on Democracy required under section 612(a). 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to develop appropriate programs and materials to accomplish the training required under subsection (c) of section 708 of the 

Foreign Service Act of 1980 (22 U.S.C. 4028), as added by subsection (a). 

(d) CLERICAL AMENDMENTS.—Section 708 of the Foreign Service Act of 1980, as 

amended by subsection (a), is further amended— 

(1) in subsection (a) by striking ‘‘(a) The’’ and inserting ‘‘(a) TRAINING ON

HUMAN RIGHTS.—The’’; and 

(2) in subsection (b) by striking ‘‘(b) The’’ and inserting ‘‘(b) TRAINING ON

REFUGEE LAW AND RELIGIOUS PERSECUTION.—The’’. 

SEC. 619. PERFORMANCE PAY; PROMOTIONS; FOREIGN SERVICE AWARDS. 

(a) PERFORMANCE PAY.—Section 405(d) of the Foreign Service Act of 1980 (22 

U.S.C. 3965(d)) is amended by inserting after the second sentence the following new 

sentence: ‘‘Meritorious or distinguished service in the promotion of democracy in foreign countries, including contact with and support of individuals and nongovernmental organizations that promote democracy in a foreign country categorized as 

nondemocratic in the most recent Annual Report on Democracy (as required under 

section 612(a) of the Advance Democratic Values, Address Nondemocratic Countries, 

and Enhance Democracy Act of 2005), shall also serve as a basis for granting 

awards under this section.’’. 

(b) PROMOTIONS.—Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 

4003(b)) is amended by adding at the end the following new sentence: ‘‘Precepts for 

selection boards shall also, where applicable, include an evaluation of whether members of the Service and members of the Senior Foreign Service have met the standards of performance established by the Secretary pursuant to section 619(c) of the 

Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2005, or have served in a position in which the primary responsibility is to monitor or promote democracy or human rights.’’. 

(c) REGULATIONS AND EVALUATIONS CONCERNING STANDARDS OF PERFORMANCE

AND PROGRAMS TO PROMOTE DEMOCRACY.—With respect to members of the Foreign 

Service, including all chiefs of mission, who are assigned to foreign countries categorized as nondemocratic in the most recent Annual Report on Democracy, the Secretary shall prescribe regulations concerning the standards of performance to be met 

33 

under sections 405(d) and 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 

3965(d) and 4003(b)), as amended by subsections (a) and (b), respectively, and the 

development of programs to promote democracy in foreign countries under section 

617. The requirements of sections 617 and 618(a) shall serve as one of the bases 

for performance criteria in evaluating chiefs of mission and those officers at posts 

so designated by the chief of mission. 

(d) FOREIGN SERVICE AWARDS.—Section 614 of the Foreign Service Act of 1980 

(22 U.S.C. 4013) is amended by adding at the end the following new sentence: ‘‘Distinguished or meritorious service in the promotion of democracy in foreign countries, 

including contact with and support of individuals and nongovernmental organizations that promote democracy in a foreign country categorized as nondemocratic in 

the most recent Annual Report on Democracy (as required under section 612(a) of 

the Advance Democratic Values, Address Nondemocratic Countries, and Enhance 

Democracy Act of 2005), shall also serve as a basis for granting awards under this 

section.’’. 

SEC. 620. APPOINTMENTS. 

(a) APPOINTMENTS BY THE PRESIDENT.—Section 302 of the Foreign Service Act 

of 1980 (22 U.S.C. 3942) is amended by adding at the end the following new subsection: 

‘‘(c) If an individual (with respect to subsection (a)) or a member of the Service 

(with respect to subsection (b)) is appointed by the President to be a chief of mission 

in a country at the time such country is categorized as nondemocratic in an Annual 

Report on Democracy (required under section 612(a) of the Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2005), and 

if such individual or such member has previously served as chief of mission in a 

country that was so categorized, the President shall transmit to the Committee on 

Foreign Relations of the Senate a written report summarizing the actions that such 

individual or member took during the period of such prior service to promote democracy and human rights in such country, including actions in furtherance of the 

strategy contained in such report.’’. 

(b) CHIEFS OF MISSION.—Section 304(a)(1) of such Act (22 U.S.C. 3944(a)(1)) is 

amended by adding at the end the following new sentence: ‘‘If the country in which 

the individual is to serve is categorized as nondemocratic in the most recent Annual 

Report on Democracy (as required under section 612(a) of the Advance Democratic 

Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2005), 

the individual should possess clearly demonstrated competence in and commitment 

to the promotion of democracy in such country, including competence in promoting 

democratic principles, practices, and values through regular interaction with individuals, including students and young people within such country, who support and 

advocate such principles, practices, and values.’’. 

Subtitle B—Alliances With Other Democratic 

Countries 

SEC. 631. ALLIANCES WITH OTHER DEMOCRATIC COUNTRIES. 

(a) FINDING.—Congress finds that it is in the national interest of the United 

States, including for humanitarian, economic, social, political, and security reasons, 

to forge alliances with democratic countries to work together to promote and protect— 

(1) shared democratic principles, practices, and values; and 

(2) political, social, and economic freedoms around the world. 

(b) PURPOSES.—The purposes of this subtitle are to encourage new ways of forging alliances with democratic countries in order to— 

(1) promote and protect democratic principles, practices, and values, including the right to free, fair, and open elections, secret balloting, and universal suffrage; 

(2) promote and protect fundamental shared political, social, and economic 

freedoms, including the freedoms of association, of expression, of the press, of 

religion, and to own private property; 

(3) promote and protect respect for the rule of law; 

(4) develop, adopt, and pursue strategies to advance common interests in 

international organizations and multilateral institutions to which members of 

the alliance of democratic countries belong; and 

(5) provide political, economic, and other necessary support to countries 

that are undergoing a transition to democracy. 

34 

(c) SENSE OF CONGRESS REGARDING PARTICIPATION.—It is the sense of Congress 

that any foreign country that is categorized as nondemocratic in the most recent Annual Report on Democracy under section 612(a) should not participate in any alliance of democratic countries aimed at working together to promote democracy. 

SEC. 632. SENSE OF CONGRESS REGARDING THE ESTABLISHMENT OF A DEMOCRACY CAUCUS. 

(a) FINDINGS.—Congress finds that with the passage of the Intelligence Reform 

and Terrorism Prevention Act of 2004 (Public Law 108–458), Congress— 

(1) encouraged the establishment of a Democracy Caucus within the United 

Nations, the United Nations Human Rights Commission, the United Nations 

Conference on Disarmament, and at other broad-based international organizations; and 

(2) required increased training in multilateral diplomacy for members of the 

Foreign Service and appropriate members of the Civil Service to support such 

an establishment. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the creation of a Democracy Caucus in each international organization and multilateral institution of 

which the United States is a member will not only improve the internal governance 

of such organizations but will also strengthen the implementation of commitments 

by such organizations and institutions regarding democracy and human rights. 

SEC. 633. ANNUAL DIPLOMATIC MISSIONS ON MULTILATERAL ISSUES. 

The Secretary of State, acting through the principal officers responsible for advising the Secretary on international organizations, should ensure that a high level 

delegation from the United States is sent on an annual basis to consult with key 

foreign governments in every region to promote United States policies, including 

issues related to democracy and human rights, at key international fora, including 

the United Nations General Assembly, the United Nations Human Rights Commission or other multilateral human rights body, the Organization for Security and Cooperation in Europe, and the United Nations Education, Science, and Cultural Organization. 

SEC. 634. STRENGTHENING THE COMMUNITY OF DEMOCRACIES. 

(a) FORMAL MECHANISMS FOR THE COMMUNITY OF DEMOCRACIES.—It is the 

sense of Congress that the Community of Democracies should develop a more formal 

mechanism for carrying out work between ministerial meetings, including hiring appropriate staff to carry out such work, and should, as appropriate, establish a headquarters. 

(b) DETAIL OF PERSONNEL.—The Secretary is authorized to detail on a nonreimbursable basis any employee of the Department of State to any country that 

is a member of the Convening Group of the Community of Democracies. 

(c) REGIONAL GROUP IN THE COMMUNITY OF DEMOCRACIES.—It is the sense of 

Congress that regional groups within the Community of Democracies should be established and strengthened in order to facilitate coordination of common positions 

and action on multilateral strategies to promote and consolidate democracy. 

(d) INTERNATIONAL CENTER FOR DEMOCRATIC TRANSITION.— (1) SENSE OF CONGRESS.—It is the sense of Congress that the United States 

should, along with contributions from private individuals, support the initiative 

of the Government of Hungary and the governments of other European countries to establish a International Center for Democratic Transition to support 

transitions to full democracy. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated for a grant to the International Center for Democratic Transition 

$1,000,000 for each of fiscal years 2006, 2007, and 2008. Amounts appropriated 

under this paragraph shall remain available until expended. 

(3) USE OF FUNDS.—Any grant made in fiscal year 2006 by the Secretary 

to the International Center for Democratic Transition under paragraph (2) may 

be used for the establishment and operation of the Center and for programs and 

activities of the Center. Any grant or voluntary contribution made in any subsequent fiscal year by the Secretary to the Center under such paragraph may be 

used for programs and activities of the Center. 

Subtitle C—Funding for Promotion of Democracy 

SEC. 641. POLICY. 

It shall be the policy of the United States to provide financial assistance to eligible entities and eligible individuals in order to assist such entities and individuals 

in the promotion of democracy in countries categorized as nondemocratic in the most 

recent Annual Report on Democracy under section 612(a). 

35 

SEC. 642. HUMAN RIGHTS AND DEMOCRACY FUND. 

(a) PURPOSES OF THE HUMAN RIGHTS AND DEMOCRACY FUND.—In addition to 

uses currently approved for the Human Rights and Democracy Fund, the Secretary 

of State, acting through the Assistant Secretary of State for Democracy, Human 

Rights, and Labor shall use amounts appropriated to the Human Rights and Democracy Fund under subsection (e) to provide assistance to eligible entities and eligible 

individuals to promote democracy in foreign countries categorized as nondemocratic 

in the most recent Annual Report on Democracy under section 612(a). The promotion of democracy in such countries for which such assistance may be provided 

may include the following activities: 

(1) The publication and distribution of books and the creation and distribution of other media relating to information about current events in such country 

and educational programming designed to provide information regarding democracy, the rule of law, free, fair and open elections, free market economics, fundamental human rights (including the rights of freedom of speech and of religion 

and the rights to be free from slavery and bondage), and successful democratic 

movements in history, including educational programs for leaders and members 

of democratic movements to convey information to such individuals regarding 

the means of nonviolent force and the methods of nonviolent action. 

(2) The translation into languages spoken in such countries of relevant programming and existing books, videos, and other publications relating to the subjects specified in paragraph (1). 

(3) The promotion of political pluralism and the rule of law within such 

countries, including the promotion of nongovernmental organizations and movements that promote democratic principles, practices, and values. 

(4) The creation of programs for student groups to work with citizens of 

such countries who are committed to democratic reforms and to the promotion 

of a transition to democracy. 

(5) The creation of training programs for citizens of such countries concerning international legal obligations to support democracy and human rights, 

including religious freedom. 

(6) Support for nongovernmental organizations which have experience with 

the Community of Democracies to assist the Community of Democracies and its 

Convening Group. 

(b) FREEDOM INVESTMENT ACT OF 2002.—Section 664(b) of the Freedom Investment Act of 2002 (subtitle E of title VI of Public Law 107–228; relating to the purposes of the Human Rights and Democracy Fund) is amended— 

(1) in paragraph (4), by striking ‘‘and’’ at the end; 

(2) by redesignating paragraph (5) as paragraph (6); 

(3) by inserting after paragraph (4) the following new paragraph: 

‘‘(5) to support the study of democracy abroad, including support for debates 

and discussions at academic institutions, regarding the values and benefits of 

democracy; and’’; and 

(4) in paragraph (6), as redesignated by paragraph (2) of this subsection, 

by striking ‘‘(4)’’ and inserting ‘‘(5)’’. 

(c) ADMINISTRATIVE AUTHORITIES.—Assistance provided through the Human 

Rights and Democracy Fund may be provided to eligible entities and eligible individuals in foreign countries notwithstanding any provision of law that prohibits assistance to a foreign country or to a government of a foreign country. 

(d) ANNUAL REPORT ON THE STATUS OF THE HUMAN RIGHTS AND DEMOCRACY

FUND.—Not later than 60 days after the conclusion of each fiscal year, the Assistant 

Secretary of State for Democracy, Human Rights, and Labor shall submit to the appropriate congressional committees an annual report on the status of the Human 

Rights and Democracy Fund. Each such annual report shall contain the following 

information: 

(1) An identification of each eligible entity and eligible individual who received assistance during the previous fiscal year under subsection (b) and a 

summary of the activities of each such recipient. 

(2) An account of projects funded and outside contributions received during 

the previous fiscal year. 

(3) A balance sheet of income and outlays current as of the conclusion of 

the fiscal year to which such report is relevant. 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—Of the funds available for each of fiscal years 2006 and 

2007, there are authorized to be appropriated to the Human Rights and Democracy Fund to carry out the purposes of this section $50,000,000 for fiscal year 

2006 and $60,000,000 for fiscal year 2007. Amounts appropriated under this 

section shall remain available until expended. 

36 

(2) ADMINISTRATIVE EXPENSES.—Not more than five percent of amounts appropriated to the Human Rights and Democracy Fund for each fiscal year may 

be applied toward administrative expenses associated with carrying out this 

section. 

(3) CONTRIBUTIONS.—The Secretary may accept contributions to the Human 

Rights and Democracy Fund from the governments of other democratic countries, private foundations, private citizens, and other nongovernmental sources. 

Subtitle D—Presidential Actions 

SEC. 651. INVESTIGATION OF VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW. 

(a) IN GENERAL.—The President, with the assistance of the Secretary of State, 

the Under Secretary of State for Democracy and Global Affairs, and the Ambassador-at-Large for War Crimes Issues, shall collect information regarding incidents 

that may constitute crimes against humanity, genocide, slavery, or other violations 

of international humanitarian law by leaders or other government officials of foreign 

countries categorized as nondemocratic or as democratic transition countries in the 

most recent Annual Report on Democracy under section 612(a). 

(b) ACCOUNTABILITY.—The President shall consider what actions can be taken 

to ensure that such leaders or other government officials of foreign countries who 

are identified in accordance with subsection (a) as responsible for crimes against humanity, genocide, slavery, or other violations of international humanitarian law are 

brought to account for such crimes in an appropriately constituted tribunal. 

SEC. 652. PRESIDENTIAL COMMUNICATIONS. 

(a) FINDING.—Congress finds that direct communications from the President to 

citizens of countries that are categorized as nondemocratic in the most recent Annual Report on Democracy would be extremely beneficial to demonstrate that the 

United States supports such citizens and the efforts and actions of such citizens to 

promote and achieve transition to democracy in such countries. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) from time to time as the President shall determine appropriate, the 

President should broadcast a message to the citizens of countries categorized as 

nondemocratic in the most recent Annual Report on Democracy under section 

612(a) expressing the support of the United States for such citizens, discussing 

democratic principles, practices, and values, and political, social, and economic 

freedoms, and condemning violations of internationally recognized human rights 

(as such term is described in section 116(a) of the Foreign Assistance Act of 

1961 (22 U.S.C. 2151n(a))), violations of religious freedom, including particularly severe violations of religious freedom (as such terms are defined in paragraphs (11) and (13) of section 3 of the International Religious Freedom Act of 

1998 (22 U.S.C. 6402)), political repression, and government-tolerated or condoned trafficking in persons that occur in such country; and 

(2) the President should encourage leaders of other democratic countries to 

make similar broadcasts. 

TITLE VII—STRATEGIC EXPORT CONTROL AND 

SECURITY ASSISTANCE ACT OF 2005 

Subtitle A—General Provisions 

SEC. 701. SHORT TITLE. 

This title may be cited as the ‘‘Strategic Export Control and Security Assistance 

Act of 2005’’. 

SEC. 702. DEFINITIONS. 

In this title: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means— 

(A) the Committee on International Relations and the Committee on 

Armed Services of the House of Representatives; and 

(B) the Committee on Foreign Relations and the Committee on Armed 

Services of the Senate. 

37 

(2) DEFENSE ARTICLES AND DEFENSE SERVICES.—The term ‘‘defense articles 

and defense services’’ has the meaning given the term in section 47(7) of the 

Arms Export Control Act (22 U.S.C. 2794 note). 

(3) DUAL USE.—The term ‘‘dual use’’ means, with respect to goods or technology, those goods or technology that are specifically designed or developed for 

civil purposes but which also may be used or deployed in a military or proliferation mode. Such term does not include purely commercial items. 

(4) EXPORT.—The term ‘‘export’’ has the meaning given that term in section 

120.17 of the International Traffic in Arms Regulations, and includes re-exports, transfers, and re-transfers by any means. 

(5) EXPORT ADMINISTRATION REGULATIONS.—The term ‘‘Export Administration Regulations’’ means those regulations contained in sections 730 through 

774 of title 15, Code of Federal Regulations (or successor regulations). 

(6) FOREIGN GOVERNMENT.—The term ‘‘foreign government’’ has the meaning given the term in section 38(g)(9)(B) of the Arms Export Control Act (22 

U.S.C. 2778(g)(9)(B)). 

(7) FOREIGN PERSON.—The term ‘‘foreign person’’ has the meaning given the 

term in section 38(g)(9)(C) of the Arms Export Control Act (22 U.S.C. 

2778(g)(9)(C)). 

(8) GOOD.—The term ‘‘good’’ has the meaning given the term in section 

16(3) of the Export Administration Act of 1979 (50 U.S.C. App. 2415(3)). 

(9) INTERNATIONAL TRAFFIC IN ARMS REGULATIONS.—The term ‘‘International Traffic in Arms Regulations’’ means those regulations contained in sections 120 through 130 of title 22, Code of Federal Regulations (or successor regulations). 

(10) ITEM.—The term ‘‘item’’ means any good or technology, defense article 

or defense service subject to the export jurisdiction of the United States under 

law or regulation. 

(11) LICENSE.—The term ‘‘license’’ means an official written document of 

the United States Government issued pursuant to the Export Administration 

Regulations or the International Traffic in Arms Regulations, as the case may 

be, authorizing a specific export. 

(12) MISSILE TECHNOLOGY CONTROL REGIME; MTCR.—The term ‘‘Missile 

Technology Control Regime’’ or ‘‘MTCR’’ has the meaning given the term in section 11B(c)(2) of the Export Administration Act of 1979 (50 U.S.C. App. 

2401b(c)(2)). 

(13) MISSILE TECHNOLOGY CONTROL REGIME ANNEX; MTCR ANNEX.—The term 

‘‘Missile Technology Control Regime Annex’’ or ‘‘MTCR Annex’’ has the meaning 

given the term in section 11B(c)(4) of the Export Administration Act of 1979 (50 

U.S.C. App. 2401b(c)(4)). 

(14) PERSON.—The term ‘‘person’’ has the meaning given the term in section 

38(g)(9)(E) of the Arms Export Control Act (22 U.S.C. 2778(g)(9)(E)). 

(15) STRATEGIC EXPORT CONTROL.—The term ‘‘strategic export control’’ 

means the control of items subject to the export jurisdiction of the United States 

pursuant to the International Traffic in Arms Regulations or the Export Administration Regulations. 

(16) TECHNOLOGY.—The term ‘‘technology’’ has the meaning given the term 

in section 16(4) of the Export Administration Act of 1979 (50 U.S.C. App. 

2415(4)). 

(17) UNITED STATES MUNITIONS LIST.—The term ‘‘United States Munitions 

List’’ means the list referred to in section 38(a)(1) of the Arms Export Control 

Act (22 U.S.C. 2778(a)(1)). 

SEC. 703. DECLARATION OF POLICY. 

Congress declares that, at a time of evolving threats and changing relationships 

with other countries, United States strategic export controls are in urgent need of 

a comprehensive review in order to assure such controls are achieving their intended purposes of protecting the national security interests of the United States 

in the Global War on Terrorism and of promoting the foreign policy purposes of the 

United States, in particular by assuring that— 

(1) export license procedures are properly designed to prioritize readily 

which exports may be approved quickly for United States friends and allies and 

which require greater scrutiny in order to safeguard national interests; 

(2) technology related to the military superiority of the United States 

Armed Forces is safeguarded during and after export to a high level of confidence; and 

(3) overlapping and duplicative functions among the responsible departments and agencies of the Government of the United States are consolidated 

38 

and integrated wherever appropriate in order to enhance efficiency, information 

sharing, and the consistent execution of United States policy. 

Subtitle B—Revising and Strengthening Strategic 

Export Control Policies 

SEC. 711. AMENDMENTS TO THE STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956. 

(a) UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL SECURITY.—Section 1(b)(2) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 

2651a(b)(2)) is amended— 

(1) in the first sentence, by striking ‘‘There’’ and inserting the following: 

‘‘(A) IN GENERAL.—There’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(B) DUTIES.—The Under Secretary for Arms Control and International 

Security shall be responsible for— 

‘‘(i) coordinating and executing a United States strategy for 

strengthening multilateral export controls; 

‘‘(ii) coordinating the activities of all bureaus and offices of the Department of State that have responsibility for export control policy, licensing, or assistance; and 

‘‘(iii) serving as the chairperson of the Strategic Export Control 

Board established under section 712 of the Strategic Export Control 

and Security Assistance Act of 2005.’’. 

(b) DEPUTY UNDER SECRETARY FOR STRATEGIC EXPORT CONTROL .—Section 

1(b)(2) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 

2651a(b)(2)), as amended by subsection (a), is further amended by adding at the end 

the following new subparagraph: 

‘‘(C) DEPUTY UNDER SECRETARY FOR STRATEGIC EXPORT CONTROL.— 

There shall be in the Department of State a Deputy Under Secretary for 

Strategic Export Control who shall have primary responsibility to assist the 

Under Secretary for Arms Control and International Security in carrying 

out the responsibility of the Under Secretary described in subparagraph 

(B)(iii).’’. 

(c) DEFENSE TRADE CONTROLS REGISTRATION FEES.—Section 45 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2717) is amended— 

(1) in paragraph (2), by striking ‘‘and’’ at the end; 

(2) in paragraph (3), by striking the period at the end and inserting ‘‘; and’’; 

and 

(3) by adding at the end the following new paragraph: 

‘‘(4) functions of the Strategic Export Control Board established under section 712 of the Strategic Export Control and Security Assistance Act of 2005.’’. 

SEC. 712. STRATEGIC EXPORT CONTROL BOARD. 

(a) ESTABLISHMENT.—There is established a Strategic Export Control Board (in 

this section referred to as the ‘‘Board’’). The Board shall consist of representatives 

from the Department of Commerce, the Department of Defense, the Department of 

Homeland Security, the Department of Justice, the National Security Council, the 

intelligence community (as defined in section 3(4) of the National Security Act of 

1947 (50 U.S.C. 401a(4)), and other appropriate departments and agencies of the 

Government of the United States, and the Under Secretary for Arms Control and 

International Security of the Department of State. The Under Secretary for Arms 

Control and International Security shall serve as the chairperson of the Board. 

(b) FUNCTIONS.—The Board shall— 

(1) conduct a comprehensive review of United States strategic export controls in the context of the Global War on Terrorism in order to strengthen controls by regulation, where appropriate, and to formulate legislative proposals for 

any new authorities that are needed for counter-terrorism purposes; 

(2) develop a strategy for ensuring a high level of confidence in the export 

control of any items important to the current and future military superiority of 

the United States Armed Forces, including in particular the security of sensitive 

software through the use of tamper-resistant security software and other emerging technologies; 

(3) design standards and best practices for information assurance and protection for the robust information technology systems, such as virtual private 

networks, already utilized by United States defense firms in the conduct of their 

export control regulated activities with foreign partners, which can also gain the 

support of United States friends and allies; 

39 

(4) formulate, with the assistance of the United States defense industry and 

the support of United States friends and allies, an automated international delivery confirmation system for commercial shipments of lethal and other high 

risk items in order to afford improved protection against attempts to disrupt 

international supply chains or to divert sensitive items to gray arms markets; 

(5) prepare recommendations for the President and Congress, as appropriate, with respect to— 

(A) the consolidation of overlapping or duplicative functions among the 

responsible departments and agencies of the Government of the United 

States in such areas as enforcement, end use monitoring, export licensing, 

watch lists, and related areas; 

(B) the cost-savings associated with integration of export licensing 

staffs and the promulgation of integrated export control regulations; and 

(C) the resultant rationalization of budgetary resources to be authorized among the responsible departments and agencies of the United States 

Government; 

(6) establish the necessary departmental and inter-agency controls that will 

ensure legitimate exports by United States business organizations can be readily identified and generally approved within 10 days, but no later than 30 days 

in more complex cases, except in unusual circumstances, such as those requiring congressional notification or foreign government assurances; 

(7) review and revise, where appropriate, plans for modernizing information 

technology systems of the relevant departments and agencies of the Government of the United States involved in export licensing, export enforcement, and 

screening of involved private parties to ensure efficient, reliable, and secure 

intra-governmental networks, at the earliest practicable date among the relevant departments and agencies and United States exporters; and 

(8) develop a strategy for strengthening the multilateral control regimes or 

developing new regimes, as appropriate, to augment or supplement existing 

international arrangements. 

(c) REPORT BY COMPTROLLER GENERAL.—Not later than one year, two years, 

and three years after the date of the enactment of this Act, the Comptroller General 

of the United States shall submit to the appropriate congressional committees a report that contains— 

(1) an independent assessment of progress made by the Board in carrying 

out its functions under paragraphs (1) through (8) of subsection (b); 

(2) the budgetary impact of each of the recommendations prepared under 

subsection (b)(5) and any additional recommendations prepared by the Comptroller General and the budgetary impact of such recommendations; and 

(3) a certification as to whether the Comptroller General had access to sufficient information to enable the Comptroller General to make informed judgments on the matters covered by the report. 

SEC. 713. AUTHORIZATION FOR ADDITIONAL LICENSE AND COMPLIANCE OFFICERS. 

(a) FUNDING.—Of the amounts authorized to be appropriated under section 101 

of this Act, up to $13,000,000 shall be available for each of the fiscal years 2006 

and 2007 for salaries and expenses related to the assignment of additional full time 

license and compliance officers in the Directorate of Defense Trade Controls of the 

Department of State. 

(b) NOTIFICATION.—None of the funds authorized under subsection (a) may be 

made available until 15 days after the date on which the Secretary of State submits 

a written report to the congressional committees specified in section 634A(a) of the 

Foreign Assistance Act of 1961 (22 U.S.C.2394–1(a)) in accordance with the procedures applicable to reprogramming notifications under such section, which sets forth 

the plans and timetable of the Department of State for measurable improvements 

in the quality and timeliness of the service it provides in support of United States 

Armed Forces abroad and routine exports by United States business organizations, 

as well as for the elaboration of enhanced compliance measures appropriate to the 

heightened security environment for arms exports during the Global War on Terrorism. 

Subtitle C—Procedures Relating to Export 

Licenses 

SEC. 721. TRANSPARENCY OF JURISDICTIONAL DETERMINATIONS. 

(a) DECLARATION OF POLICY.—Congress declares that the complete confidentiality surrounding several thousand commodity classification determinations made 

40 

each year by the Department of Commerce pursuant to the Export Administration 

Regulations and several hundred commodity jurisdiction determinations made each 

year by the Department of State pursuant to the International Traffic in Arms Regulations is not necessary to protect legitimate proprietary interests of persons or 

their prices and customers, is not in the best interests of the security and foreign 

policy interests of the United States, is inconsistent with the need to ensure a level 

playing field for United States exporters, and detracts from United States efforts to 

promote greater transparency and responsibility by other countries in their export 

control systems. 

(b) PUBLICATION REQUIREMENT.—The Secretary of Commerce and the Secretary 

of State shall— 

(1) upon making a commodity classification determination or a commodity 

jurisdiction classification, as the case may be, referred to in subsection (a) in 

response to a request by a private person, publish in the Federal Register, not 

later than 30 days after the date of the determination— 

(A) a description of the item, including performance levels or other 

technical characteristics where appropriate, 

(B) an explanation of whether the item is controlled under the International Traffic in Arms Regulations or the Export Administration Regulations, and 

(C) the United States Munitions List designation or export control classification number under which the item has been designated or classified, 

as the case may be, 

except that the name of the name of the person, the person’s business organization, customers, or prices are not required to be published; and 

(2) maintain on their respective Internet websites an archive, that is accessible to the general public and other departments and agencies of the United 

States, of the determinations published in the Federal Register under paragraph (1). 

(c) REPORT.—Not later than 120 days after the date of the enactment of this 

Act, the Secretary of State and the Secretary of Commerce shall submit to the appropriate congressional committees a joint report that contains a description of the 

plans to implement the requirements of this section. 

(d) REQUIREMENT.—Notwithstanding any other provision of law, beginning 180 

days after the date of the enactment of this Act, the Secretary of Commerce may 

make a commodity classification determination referred to in subsection (a), and the 

Secretary of State may make a commodity jurisdiction determination referred to in 

subsection (a), in response to a request by a private person only in in accordance 

with the requirements of subsection (b). 

SEC. 722. CERTIFICATIONS RELATING TO EXPORT OF CERTAIN DEFENSE ARTICLES AND DEFENSE SERVICES. 

(a) REPORTS ON COMMERCIAL AND GOVERNMENTAL MILITARY EXPORTS; CONGRESSIONAL ACTION.—Section 36(c) of the Arms Export Control Act (22 U.S.C. 

2776(c)) is amended— 

(1) in the first sentence of paragraph (1), by inserting after ‘‘$1,000,000 or 

more’’ the following: ‘‘, or, notwithstanding section 27(g) of this Act, for any special comprehensive authorization under sections 120–130 of title 22, Code of 

Federal Regulations (commonly known as the ‘International Traffic in Arms 

Regulations’) for the export of defense articles or defense services in an aggregate amount of $100,000,000 or more’’; 

(2) in paragraph (2)— 

(A) in subparagraph (A), by adding ‘‘and’’ at the end; 

(B) by striking subparagraph (B); and 

(C) by redesignating subparagraph (C) as subparagraph (B); and 

(3) in the matter preceding subparagraph (A) of paragraph (5), by inserting 

‘‘or paragraph (2)’’ after ‘‘paragraph (1)’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the Department of 

State should revise its procedures in order to improve the timeliness and quality 

of service it is providing to United States exporters concerning matters requiring notification to Congress under sections 3 and 36 of the Arms Export Control Act (22 

U.S.C. 2753 and 2776) by— 

(1) expediting its internal and interagency processes such that consultations 

with the Committee on International Relations of the House of Representatives 

and the Committee on Foreign Relations of the Senate commence not later than 

30 days following receipt of a proposal requiring notification; 

(2) providing informal notice to such Committees within 10 days of receipt 

of such a proposal, such that questions by the Committees may be addressed 

wherever feasible in conjunction with the Department’s processing; and 

41 

(3) making each interval in the processing of the proposal transparent to 

United States exporters through the Internet website of the Department. 

SEC. 723. PRIORITY FOR UNITED STATES MILITARY OPERATIONS. 

The Secretary of State may not accord higher priority in the adjudication of munitions export licenses to any measure included within the ‘‘Defense Trade Security 

Initiative’’ announced by the Department of State in May 2000 over the processing 

of licenses in support of Operation Enduring Freedom, Operation Iraqi Freedom, or 

any other military operation involving the United States Armed Forces. 

SEC. 724. LICENSE OFFICER STAFFING AND WORKLOAD. 

Section 36(a) Arms Export Control Act (22 U.S.C. 2776(a)) is amended— 

(1) in paragraph (11), by striking ‘‘and’’ at the end; 

(2) in paragraph (12), by striking the period at the end and inserting ‘‘; 

and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(13) a report on the number of civilian and military officers assigned to 

munitions export licensing at the Department of State and their average weekly 

workload for both open and closed cases.’’. 

SEC. 725. DATABASE OF UNITED STATES MILITARY ASSISTANCE. 

Section 655 of the Foreign Assistance Act of 1961 (22 U.S.C. 2415) is amended 

by striking subsection (c) and inserting the following new subsection: 

‘‘(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. 726. TRAINING AND LIAISON FOR SMALL BUSINESSES. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that it is increasingly important that the Secretary of State, in administering the licensing, registration, 

compliance, and other authorities contained in section 38 of the Arms Export Control Act (22 U.S.C. 2778), should provide up-to-date training and other educational 

assistance to small businesses in the United States aerospace and defense industrial 

sector. 

(b) SMALL BUSINESS LIAISON.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall designate, within the Office of Defense 

Trade Controls of the Department of State, a coordinator for small business affairs. 

The coordinator shall serve as a liaison for small businesses in the United States 

aerospace and defense industrial sector with respect to licensing and registration requirements in order to facilitate the compliance and other forms of participation by 

such small businesses in the United States munitions control system, including by 

providing training, technical assistance, and through other efforts as may be appropriate. 

SEC. 727. COMMERCIAL COMMUNICATIONS SATELLITE TECHNICAL DATA. 

Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall amend the 

International Traffic in Arms Regulations to provide for the export without a license 

of communications satellite technical data, at a level established by the Secretary 

of Defense, in instances in which— 

(1) the exporter is a person registered under section 38(b) of the Arms Export Control Act (22 U.S.C. 2778(b)); 

(2) the purpose of the export is to market a sale of a United States manufactured communications satellite solely for commercial or civil end use; 

(3) no party to the transaction is proscribed under section 126.1 of the Regulations or otherwise restricted from receiving United States defense articles; 

and 

(4) each end user or recipient has agreed in writing not to reexport or retransfer the United States furnished technical data to any other person without 

the prior written consent of the United States Government. 

SEC. 728. REPORTING REQUIREMENT FOR UNLICENSED EXPORTS. 

Section 655(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)) is 

amended— 

(1) in paragraph (2), by striking ‘‘or’’ at the end; 

42 

(2) in paragraph (3), by striking the period at the end and inserting ‘‘; or’’; 

and 

(3) by adding at the end the following: 

‘‘(4) were exported without a license under section 38 of the Arms Export 

Control Act (22 U.S.C. 2778) pursuant to an exemption established under the 

International Traffic in Arms Regulations, other than defense articles exported 

in furtherance of a letter of offer and acceptance under the Foreign Military 

Sales program or a technical assistance or manufacturing license agreement, including the specific exemption provision in the regulation under which the export was made.’’. 

Subtitle D—Terrorist-Related Provisions and 

Enforcement Matters 

SEC. 731. SENSITIVE TECHNOLOGY TRANSFERS TO FOREIGN PERSONS LOCATED WITHIN THE 

UNITED STATES. 

(a) WEAPONS TRANSFERS.—Pursuant to regulations issued under section 38(g)(6) 

of the Arms Export Control (22 U.S.C. 2778(g)(6)), the President shall require a license for the transfer of any defense articles and defense services, other than a firearm for personal use, specified in a report required under subsection (c) to a foreign 

person located within the United States (other than to a foreign government, unless 

such government is proscribed under section 126.1 of the International Traffic in 

Arms Regulations or otherwise restricted from receiving defense articles and defense 

services). 

(b) DUAL USE TRANSFERS.—Notwithstanding any other provision of law, the 

President may require a license under the Export Administration Regulations for 

the transfer of any dual use goods and technology, other than a firearm for personal 

use, specified in a report required under subsection (c) to a foreign person located 

within the United States. 

(c) REPORT.—Not later than 180 days after the date of the enactment of this 

Act, and annually thereafter, the Secretary of State, in consultation with the Attorney General and the Secretary of Homeland Security, shall submit to the appropriate congressional committees a report that specifies those items which warrant 

scrutiny and enforcement by the Government of the United States through license 

procedures prior to a transfer to a foreign person located within the United States 

in order to deter efforts on the part of such person to acquire such items for terrorist 

or other unlawful purposes 

SEC. 732. CERTIFICATION CONCERNING EXEMPT WEAPONS TRANSFERS ALONG THE NORTHERN BORDER OF THE UNITED STATES. 

Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in consultation with the Secretary of Homeland Security, shall submit to the appropriate congressional committees a written 

report certifying that— 

(1) provisions of the International Traffic in Arms Regulations permitting 

unlicensed temporary imports into the United States from Canada by any person of any unclassified defense article on the United States Munitions List do 

not present a risk to the national security of the United States; and 

(2) personnel of the Bureau of Customs and Border Protection of the Department of Homeland Security located along the northern border of the United 

States have adequate written guidance from the Department of State which 

permits them to effectively enforce provisions of the International Traffic in 

Arms Regulations permitting unlicensed exports to Canada of certain items on 

the United States Munitions List. 

SEC. 733. COMPREHENSIVE NATURE OF UNITED STATES ARMS EMBARGOES. 

(a) FINDINGS; SENSE OF CONGRESS.— 

(1) FINDINGS.—Congress finds that— 

(A) governments to which the Government of the United States prohibits by law or policy the transfer of implements of war, including material, components, parts, and other defense articles and defense services (as 

defined in paragraphs (3) and (4) of section 47 of the Arms Export Control 

Act (22 U.S.C. 2794(3) and (4)), respectively) continue to seek to evade 

these embargoes through increasingly sophisticated illegal acquisitions via 

the ‘‘international gray arms market’’ and by seeking to exploit weaknesses 

in the export control system of the United States and its friends and allies; 

and 

43 

(B) the strict and comprehensive application of arms embargoes referred to in subparagraph (A), including those embargoes established by the 

United Nations Security Council, is of fundamental importance to the security and foreign policy interests of the United States. 

(2) SENSE OF CONGRESS.—It is the sense of Congress that the United States 

Government should continue to provide a leadership role internationally in ensuring the effectiveness of arms embargoes referred to in paragraph (1). 

(b) SCOPE OF EMBARGOES.—Section 38 of the Arms Export Control Act (22 

U.S.C. 2778) is amended by adding at the end the following: 

‘‘(k) Whenever the United States maintains an arms embargo pursuant to 

United States law, or through public notice by the President or Secretary of State 

pursuant to the authorities of this Act, no defense article or defense service subject 

to sections 120–130 of title 22, Code of Federal Regulations (commonly known as 

the ‘International Traffic in Arms Regulations’) and no dual use good or technology 

subject to sections 730–774 of title 15, Code of Federal Regulations (commonly 

known as the ‘Export Administration Regulations’) shall be sold or transferred to 

the military, intelligence or other security forces of the embargoed government, including any associated governmental agency, subdivision, entity, or other person 

acting on their behalf, unless, at a minimum and without prejudice to any additional requirements established in United States law or regulation, the Secretary of 

State and the Secretary of Defense have concurred in the sale or transfer through 

issuance of a license.’’. 

(c) ESTABLISHMENT OF CONTROLS.—The Secretary of State shall consult with 

the Secretary of Commerce to ensure the establishment of appropriate foreign policy 

and national security controls and license requirements under the Export Administration Regulations in order to ensure the effective implementation of section 38(k) 

of the Arms Export Control Act, as added by subsection (b). 

(d) REPORT.—Not later than 120 days after the date of the enactment of this 

Act, the Secretary of State shall submit to the appropriate congressional committees 

a report that describes the actions taken to implement the requirements of subsection (c). 

SEC. 734. CONTROL OF ITEMS ON MISSILE TECHNOLOGY CONTROL REGIME ANNEX. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that all proposals to export 

or transfer to foreign persons by other means, whether in the United States or 

abroad, and any other activities subject to regulation under section 38, 39, or 40 of 

the Arms Export Control Act (22 U.S.C. 2778, 2779, or 2780), relating to items on 

the Missile Technology Control Regime Annex, should be accorded stringent control 

and scrutiny consistent with the purposes of section 71 of the Arms Export Control 

Act (22 U.S.C. 2797). 

(b) CONTROL OF ITEMS ON MTCR ANNEX.—The Secretary of State, in coordination with the Secretary of Commerce, the Attorney General, and the Secretary of 

Defense, shall ensure that all items on the MTCR Annex are subject to stringent 

control by the Government of the United States pursuant to the International Traffic in Arms Regulations and the Export Administration Regulations. 

(c) CERTIFICATION.—Not later than March 1 of each year, the Secretary of State, 

in coordination with the Secretary of Commerce, the Attorney General and the Secretary of Defense, shall submit to the appropriate congressional committees a report 

that contains— 

(1) a certification that the requirement of subsection (b) has been met for 

the prior year, or if the requirement has not been met, the reasons therefor; 

and 

(2) a description of the updated coverage, if any, of the regulations referred 

to in subsection (b) with respect to all items on the MTCR Annex and an explanation of any areas of overlap or omissions, if any, among the regulations. 

SEC. 735. UNLAWFUL USE OF UNITED STATES DEFENSE ARTICLES. 

(a) INELIGIBILITY FOR TERRORIST RELATED TRANSACTIONS.—Section 3(c)(1) of the 

Arms Export Control Act (22 U.S.C. 2753(c)(1)) is amended— 

(1) in each of subparagraphs (A) and (B), by striking ‘‘or any predecessor 

Act,’’ and inserting ‘‘any predecessor Act, or licensed or approved under section 

38 of this Act, to carry out a transaction with a country, the government of 

which the Secretary of State has determined is a state sponsor of international 

terrorism for purposes of section 6(j)(1) of the Export Administration Act of 1979 

(50 U.S.C. App. 2405(j)(1)), or otherwise uses such defense articles or defense 

services’’; and 

(2) by adding at the end the following: 

‘‘(C) In this section, the term ‘transaction’ means the taking of any action, directly or indirectly, by a foreign country that would be a transaction prohibited by 

44 

section 40 of this Act with respect to the United States Government and United 

States persons.’’. 

(b) REPORTING REQUIREMENT.—Section 3(e) of the Arms Export Control Act (22 

U.S.C. 2753(e)) is amended by inserting after ‘‘the Foreign Assistance Act of 1961,’’ 

the following: ‘‘regardless of whether the article or service has been sold or otherwise furnished by the United States Government or licensed under section 38 of this 

Act,’’. 

Subtitle E—Strengthening United States Missile 

Nonproliferation Law 

SEC. 741. PROBATIONARY PERIOD FOR FOREIGN PERSONS. 

(a) IN GENERAL.—Notwithstanding any other provision of law, upon the expiration, or the granting of a waiver, on or after January 1, 2003, of sanctions against 

a foreign person imposed under section 73(a) of the Arms Export Control Act (22 

U.S.C. 2797b(a)) or under section 11B(b)(1) of the Export Administration Act of 1979 

(50 U.S.C. App. 2410b(b)(1)), as continued in effect under the International Emergency Economic Powers Act, a license shall be required, for a period of not less than 

three years, for the export to that foreign person of all items controlled for export 

under section 5 or 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2404, 

2405), as continued in effect under the International Emergency Economic Powers 

Act, in accordance with the Export Administration Regulations. 

(b) TERMINATION.—Subsection (a) shall not apply to a foreign person 30 days 

after the President notifies the Committee on International Relations of the House 

of Representatives and the Committee on Banking, Housing and Urban Affairs and 

the Committee on Foreign Relations of the Senate that the President has determined that— 

(1) the foreign person has— 

(A) ceased all activity related to the original imposition of sanctions 

under section 73(a) of the Arms Export Control Act or section 11B(b)(1) of 

the Export Administration Act of 1979, as the case may be; and 

(B) has instituted a program of transparency measures under which 

the United States will be able to verify, for a period of at least 3 years, that 

the foreign person is not engaging in prohibited activities under those provisions of law referred to in paragraph (1); and 

(2) there has been an appropriate resolution of the original violation or violations, such as financial penalties, incarceration, destruction of prohibited 

items, or other appropriate measures taken to prevent a recurrence of the violation or violations. 

(c) WAIVER.—Subsection (a) shall not apply to a foreign person if— 

(1) the President issues a waiver of sanctions imposed upon that person 

under section 73(a) of the Arms Export Control Act or under section 11B(b)(1) 

of the Export Administration Act of 1979, on the basis that the waiver is essential to the national security of the United States; 

(2) the President designates the waiver as classified information (as defined 

in section 606 of the National Security Act of 1947 (50 U.S.C. 426)); and 

(3) the President transmits to the committees referred to in subsection (b)— 

(A) a justification for designating the waiver as classified information; 

and 

(B) a description of— 

(i) any discussions with the foreign person, concerning the activities that were the subject of the sanctions, that have been conducted 

by United States Government officials, or by officials of the government 

of the country that has jurisdiction over the foreign person or in which 

the foreign person conducted such activities; and 

(ii) any actions that the foreign person, or the government of the 

country that has jurisdiction over the foreign person or in which the 

foreign person conducted the activities that were the subject of the 

sanctions, has taken to prevent a recurrence of the same or similar activities. 

SEC. 742. STRENGTHENING UNITED STATES MISSILE PROLIFERATION SANCTIONS ON FOREIGN PERSONS. 

(a) ARMS EXPORT CONTROL ACT.—Section 73(a)(2) of the Arms Export Control 

Act (22 U.S.C. 2797b(a)(2)) is amended by striking ‘‘2 years’’ each place it appears 

and inserting ‘‘4 years’’. 

(b) PUBLIC INFORMATION.—Section 73(e)(2) of the Arms Export Control Act (22 

U.S.C. 2797b(e)(2)) is amended by adding at the end the following new sentences: 

45 

‘‘Such report may be classified only to the extent necessary to protect intelligence 

sources and methods. If the report is so classified, the President shall make every 

effort to acquire sufficient alternative information that would allow a subsequent 

unclassified version of the report to be issued.’’. 

(c) EXPORT ADMINISTRATION ACT OF 1979.—Any sanction imposed on a foreign 

person under section 11B(b)(1) of the Export Administration Act of 1979 (50 U.S.C. 

App. 2410b(b)(1)), as continued in effect under the International Emergency Economic Powers Act, shall be in effect for a period of four years beginning on the date 

on which the sanction was imposed. 

(d) APPLICABILITY.—The amendments made by subsections (a) and (b) and the 

provisions of subsection (c) shall apply to all sanctions imposed under section 73(a) 

of the Arms Export Control Act or section 11B(b)(1) of the Export Administration 

Act of 1979, as continued in effect under the International Emergency Economic 

Powers Act, by reason of acts giving rise to such sanctions that were committed by 

foreign persons on or after January 1, 2004. 

SEC. 743. COMPREHENSIVE UNITED STATES MISSILE PROLIFERATION SANCTIONS ON ALL RESPONSIBLE FOREIGN PERSONS. 

(a) ARMS EXPORT CONTROL ACT.—Section 73(a) of the Arms Export Control Act 

(22 U.S.C. 2797b(a)) is amended by adding at the end the following new paragraph: 

‘‘(3)(A) Sanctions imposed upon a foreign person under paragraph (2) shall also 

be imposed on any governmental entity that the President determines exercises effective control over, benefits from, or directly or indirectly facilitates the activities 

of that foreign person. 

‘‘(B) When a sanction is imposed on a foreign person under paragraph (2), the 

President may also impose that sanction on any other person or entity that the 

President has reason to believe has or may acquire prohibited items with the intent 

to transfer to that foreign person, or provide to that foreign person access to, such 

items. In this subparagraph, ‘prohibited items’ are items that may not be exported 

to that foreign person on account of the sanction imposed on that foreign person. 

‘‘(C) The President may also prohibit, for such period of time as the President 

may determine, any transaction or dealing, by a United States person or within the 

United States, with any foreign person on whom sanctions have been imposed under 

this subsection. 

‘‘(D) The President shall report on an annual basis to the Committee on International Relations of the House of Representatives and the Committee on Foreign 

Relations of the Senate the identity of any foreign person that engages in any transaction or activity with a foreign person on whom sanctions have been imposed under 

this subsection that either— 

‘‘(i) would be the basis for imposing sanctions under subparagraph (B) but 

for which sanctions have not been imposed; or 

‘‘(ii) would be the basis for imposing sanctions under subparagraph (C) if 

the transaction or activity had been carried out by a United States person or 

by a person in the United States. 

Such report shall be unclassified to the maximum extent feasible, but may include 

a classified annex.’’. 

(b) DEFINITION OF PERSON.—Section 74(a)(8)(A) of the Arms Export Control Act 

(22 U.S.C. 2797c(a)(8)(A)) is amended to read as follows: 

‘‘(8)(A) The term ‘person’ means— 

‘‘(i) a natural person; 

‘‘(ii) a corporation, business association, partnership, society, trust, 

transnational corporation, or transnational joint venture, any other 

nongovernmental entity, organization, or group, and any governmental 

entity; 

‘‘(iii) any subsidiary, subunit, or parent entity of any business enterprise or other organization or entity listed in clause (ii); and 

‘‘(iv) any successor of any business enterprise or other organization 

or entity listed in clause (ii) or (iii); and’’. 

(c) EXPORT ADMINISTRATION ACT OF 1979.— 

(1) SANCTIONS IMPOSED ON GOVERNMENTAL ENTITIES.—Any sanction imposed on a foreign person under section 11B(b)(1)(B) of the Export Administration Act of 1979 (50 U.S.C. App. 2410b(b)(1)(B)), as continued in effect under 

the International Emergency Economic Powers Act (in this subsection referred 

to as a ‘‘dual use sanction’’), shall also be imposed on any governmental entity 

that the President determines exercises effective control over, benefits from, or 

directly or indirectly facilitates the activities of that foreign person. 

(2) OTHER ENTITIES.—When a dual use sanction is imposed on a foreign person, the President may also impose that sanction on any other person or entity 

that the President has reason to believe has or may acquire prohibited items 

with the intent to transfer to that foreign person, or provide to that foreign perVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00045 Fmt 6659 Sfmt 6621 E:\HR\OC\HR168.XXX HR168
46 

son access to, such items. In this paragraph, ‘‘prohibited items’’ are items that 

may not be exported to that foreign person on account of the dual use sanction 

imposed on that foreign person. 

(3) TRANSACTIONS BY THIRD PARTIES.—The President may also prohibit, for 

such period of time as he may determine, any transaction or dealing, by a 

United States person or within the United States, with any foreign person on 

whom dual use sanctions have been imposed. 

(4) REPORT.—The President shall submit on an annual basis to the Committee on International Relations of the House of Representatives and the Committee on Banking, Housing and Urban Affairs and the Committee on Foreign 

Relations of the Senate a report that contains the identity of any foreign person 

that engages in any transaction or activity with a foreign person on whom dual 

use sanctions have been imposed that either— 

(A) would be the basis for imposing dual use sanctions under paragraph 

(2) but for which such sanctions have not been imposed; or 

(B) would be the basis for imposing dual use sanctions under paragraph 

(3) if the transaction or activity had been carried out by a United States 

person or by a person in the United States. 

Such report shall be unclassified to the maximum extent feasible, but may include a classified annex. 

(5) DEFINITIONS.—In this subsection: 

(A) MISSILE EQUIPMENT OR TECHNOLOGY.—The term ‘‘missile equipment 

or technology’’ has the meaning given that term in section 11B(c) of the Export Administration Act of 1979 (50 U.S.C. App. 2410b(c)). 

(B) PERSON.— 

(i) The term ‘‘person’’ means— 

(I) a natural person; 

(II) a corporation, business association, partnership, society, 

trust, transnational corporation, or transnational joint venture, any 

other nongovernmental entity, organization, or group, and any governmental entity; 

(III) any subsidiary, subunit, or parent entity of any business 

enterprise or other organization or entity listed in subclause (II); 

and 

(IV) any successor of any business enterprise or other organization or entity listed in subclause (II) or (III). 

(ii) In the case of countries where it may be impossible to identify 

a specific governmental entity referred to in clause (i), the term ‘‘person’’ means— 

(I) all activities of that government relating to the development 

or production of any missile equipment or technology; and 

(II) all activities of that government affecting the development 

or production of aircraft, electronics, and space systems or equipment. 

(C) UNITED STATES PERSON.—The term ‘‘United States person’’ has the 

meaning given that term in section 16(2) of the Export Administration Act 

of 1979 (50 U.S.C. App. 2415(2)). 

(d) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall 

apply with respect to sanctions imposed on or after January 1, 2004, on foreign persons under section 73(a)(2) of the Arms Export Control Act, and the provisions of 

subsection (c) shall apply with respect to sanctions imposed on or after January 1, 

2004, on foreign persons under section 11B(b)(1) of the Export Administration Act 

of 1979 (50 U.S.C. App. 2410b(b)(1)), as continued in effect under the International 

Emergency Economic Powers Act. 

Subtitle F—Security Assistance and Related 

Provisions 

SEC. 751. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES. 

(a) AUTHORITY TO TRANSFER BY GRANT.—The President is authorized to transfer 

vessels to foreign countries on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), as follows: 

(1) GREECE.—To the Government of Greece, the OSPREY class minehunter 

coastal ship PELICAN (MHC–53). 

(2) EGYPT.—To the Government of Egypt, the OSPREY class minehunter 

coastal ships CARDINAL (MHC–60) and RAVEN (MHC–61). 

47 

(3) PAKISTAN.—To the Government of Pakistan, the SPRUANCE class destroyer ship FLETCHER (DD–992). 

(4) TURKEY.—To the Government of Turkey, the SPRUANCE class destroyer ship CUSHING (DD–985). 

(b) AUTHORITY TO TRANSFER BY SALE.—The President is authorized to transfer 

vessels to foreign countries on a sale basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761), as follows: 

(1) INDIA.—To the Government of India, the AUSTIN class amphibious 

transport dock ship TRENTON (LPD–14). 

(2) GREECE.—To the Government of Greece, the OSPREY class minehunter 

coastal ship HERON (MHC–52). 

(3) TURKEY.—To the Government of Turkey, the SPRUANCE class destroyer ship O’BANNON (DD–987). 

(c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED EXCESS DEFENSE

ARTICLES.—The value of a vessel transferred to another country on a grant basis 

pursuant to authority provided by subsection (a) shall not be counted against the 

aggregate value of excess defense articles transferred to countries in any fiscal year 

under section 516(g) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(g)). 

(d) COSTS OF TRANSFERS.—Any expense incurred by the United States in connection with a transfer authorized under subsection (a) or (b) shall be charged to 

the recipient. 

(e) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARDS.—To the maximum extent practicable, the President shall require, as a condition of the transfer 

of a vessel under this section, that the country to which the vessel is transferred 

have such repair or refurbishment of the vessel as is needed, before the vessel joins 

the naval forces of that country, performed at a shipyard located in the United 

States, including a United States Navy shipyard. 

(f) EXPIRATION OF AUTHORITY.—The authority to transfer a vessel under this 

section shall expire at the end of the two-year period beginning on the date of the 

enactment of this Act. 

SEC. 752. TRANSFER OF OBSOLETE AND SURPLUS ITEMS FROM KOREAN WAR RESERVES 

STOCKPILE AND REMOVAL OR DISPOSAL OF REMAINING ITEMS. 

(a) TRANSFER OF ITEMS IN KOREAN STOCKPILE.— 

(1) AUTHORITY.—Notwithstanding section 514 of the Foreign Assistance Act 

of 1961 (22 U.S.C. 2321h), the President is authorized to transfer to the Republic of Korea, in return for concessions to be negotiated by the Secretary of Defense, any or all of the items described in paragraph (2). 

(2) COVERED ITEMS.—The items referred to in paragraph (1) are munitions, 

equipment, and materiel such as tanks, trucks, artillery, mortars, general purpose bombs, repair parts, barrier material, and ancillary equipment, if such 

items are— 

(A) obsolete or surplus items; 

(B) in the inventory of the Department of Defense; 

(C) intended for use as reserve stocks for the Republic of Korea; and 

(D) as of the date of the enactment of this Act, located in a stockpile 

in the Republic of Korea. 

(3) VALUATION OF CONCESSIONS.—(A) The value of concessions negotiated 

pursuant to paragraph (1) shall be at least equal to— 

(i) the fair market value of the items transferred; minus 

(ii) the savings to the Department of Defense of the cost of removal of 

the items from the Republic of Korea and disposal of the items that would 

have been incurred by the Department but for the transfer of the items pursuant to paragraph (1), not to exceed the fair market value of the items 

transferred. 

(B) The concessions may include cash compensation, service, waiver of 

charges otherwise payable by the United States, such as charges for demolition 

of United States-owned or United States-intended munitions, and other items 

of value. 

(4) PRIOR NOTIFICATIONS OF PROPOSED TRANSFERS.—Not less than 30 days 

before making a transfer under the authority of this subsection, the President 

shall transmit to the Committees on Armed Services and International Relations of the House of Representatives and the Committees on Armed Services 

and Foreign Relations of the Senate a detailed notification of the proposed 

transfer, which shall include an identification of the items to be transferred and 

the concessions to be received. 

(5) TERMINATION OF AUTHORITY.—No transfer may be made under the authority of this subsection more than three years after the date of the enactment 

of this Act. 

48 

(b) REMOVAL OR DISPOSAL OF REMAINING ITEMS IN KOREAN STOCKPILE.—The 

President shall provide for the removal or disposal of all items described in subsection (a)(2) that are not transferred pursuant to the authority of subsection (a) by 

not later than four years after the date of the enactment of this Act. 

SEC. 753. EXTENSION OF PAKISTAN WAIVERS. 

The Act entitled ‘‘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’’, approved October 27, 2001 (Public Law 107–57; 115 Stat. 

403), is amended— 

(1) in section 1(b)— 

(A) in the heading, by striking ‘‘FISCAL YEARS 2005 AND 2006’’ and inserting ‘‘FISCAL YEARS 2006 AND 2007’’; and 

(B) in paragraph (1), by striking ‘‘2005 or 2006’’ and inserting ‘‘2006 or 

2007’’; 

(2) in section 3(2), by striking ‘‘and 2006’’ and inserting ‘‘2006, and 2007’’; 

and 

(3) in section 6, by striking ‘‘2006’’ and inserting ‘‘2007’’. 

SEC. 754. REPORTING REQUIREMENT FOR FOREIGN MILITARY TRAINING. 

Subsection (a)(1) of section 656 of the Foreign Assistance Act of 1961 (22 U.S.C. 

2416) is amended— 

(1) by striking ‘‘January 31’’ and inserting ‘‘March 1’’; and 

(2) by striking ‘‘and all such training proposed for the current fiscal year’’. 

SEC. 755. CERTAIN SERVICES PROVIDED BY THE UNITED STATES IN CONNECTION WITH FOREIGN MILITARY SALES. 

(a) QUALITY ASSURANCE, INSPECTION, CONTRACT ADMINISTRATION, AND CONTRACT AUDIT DEFENSE SERVICES.—Section 21(h)(1)(A) of the Arms Export Control 

Act (22 U.S.C. 2761(h)(1)(A)) is amended by inserting after ‘‘North Atlantic Treaty 

Organization’’ the following: ‘‘or the Governments of Australia, New Zealand, Japan, 

or Israel’’. 

(b) CATALOGING DATA AND SERVICES.—Section 21(h)(2) of the Arms Export Control Act (22 U.S.C. 2761(h)(2)) is amended by striking ‘‘or to any member government of that Organization if that Organization or member government’’ and inserting ‘‘, to any member of that Organization, or to the Governments of Australia, New 

Zealand, Japan, or Israel if that Organization, member government, or the Governments of Australia, New Zealand, Japan, or Israel’’. 

SEC. 756. MARITIME INTERDICTION PATROL BOATS FOR MOZAMBIQUE. 

(a) IN GENERAL.—Of the amounts made available to carry out section 23 of the 

Arms Export Control Act for fiscal year 2006, there is authorized to be appropriated 

$1,000,000 for refurbishment, delivery, operational training, and related costs associated with the provision of not more than four excess coastal patrol boats to the 

Government of Mozambique for maritime patrol and interdiction activities. 

(b) AVAILABILITY.—Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until September 30, 2007. 

SEC. 757. REIMBURSEMENT FOR INTERNATIONAL MILITARY EDUCATION AND TRAINING. 

Section 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347) is amended— 

(1) in the first sentence, by striking ‘‘The President’’ and inserting ‘‘(a) The 

President’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) The President shall seek reimbursement for military education and training 

furnished under this chapter from countries using assistance under section 23 of the 

Arms Export Control Act (22 U.S.C. 2763; relating to the the Foreign Military Financing Program) to purchase such military education and training at a rate comparable to the rate charged to countries receiving grant assistance for military education and training under this chapter.’’. 

TITLE VIII—NUCLEAR BLACK MARKET 

ELIMINATION ACT 

SEC. 801. SHORT TITLE. 

This title may be cited as the ‘‘Nuclear Black Market Elimination Act of 2005’’. 

49 

Subtitle A—Sanctions for Transfers of Nuclear Enrichment, Reprocessing, and Weapons Technology, Equipment and Materials Involving Foreign Persons and Terrorists 

SEC. 811. AUTHORITY TO IMPOSE SANCTIONS ON FOREIGN PERSONS. 

(a) DETERMINATION OF NUCLEAR ACTIVITIES BY FOREIGN PERSONS.—Notwithstanding any other provision of law, the President is authorized to impose any or 

all of the sanctions described in subsection (b) whenever the President determines 

that a foreign person participated, on or after the date of the enactment of this Act, 

in the export, transfer or trade of— 

(1) nuclear enrichment or reprocessing equipment, materials, or technology 

to any nonnuclear-weapon state (as defined in section 102(c) of the Arms Export 

Control Act) that— 

(A) does not possess functioning nuclear enrichment or reprocessing 

plants as of January 1, 2004; and 

(B)(i) does not have in force an additional protocol with the International Atomic Energy Agency for the application of safeguards (as derived 

from IAEA document INFCIRC/540 and related corrections and additions); 

or 

(ii) is developing, manufacturing, or acquiring a nuclear explosive device; or 

(2) any nuclear explosive device, or design information or component, equipment, materials, or other items or technology that— 

(A) is designated for national export controls under the Nuclear Supplier Group Guidelines for the Export of Nuclear Material, Equipment and 

Technology (published by the International Atomic Energy Agency as IAEA 

document INFICRC/254/Rev. 6/Part 1 and subsequent revisions) and the 

Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, 

and Related Technology (published as IAEA document INFCIRC/254/Rev. 5/ 

Part 2 and subsequent revisions); and 

(B) contributes to the development, manufacture, or acquisition of a nuclear explosive device by— 

(i) a nonnuclear weapon state; or 

(ii) a foreign person. 

(b) SANCTIONS.—The sanctions referred to in subsection (a) that are to be imposed on a foreign person are the following: 

(1) No assistance may be provided to the foreign person under the Foreign 

Assistance Act of 1961, and the foreign person may not participate in any assistance program of the United States Government. Any such assistance being 

provided to the foreign person, and any participation in such assistance program by the foreign person, on the date on which the sanction under this paragraph is imposed, shall be terminated as of such date. 

(2) The United States Government may not sell any defense articles, defense services, or design or construction services to the foreign person under the 

Foreign Assistance Act of 1961 or the Arms Export Control Act, and any contract to sell such articles or services, under either such Act, that is in effect on 

the date on which the sanction under this paragraph is imposed, shall be terminated as of such date. 

(3) Licenses or any other approval may not be issued to the foreign person 

for the export or import of any defense articles or defense services under the 

Arms Export Control Act or its implementing regulations. Any such license or 

approval that is in effect on the on the date on which the sanction under this 

paragraph is imposed, shall be terminated as of such date. 

(4) Licenses or any other approval may not be issued to the foreign person 

for the export of any goods or technology subject to the jurisdiction of the Export 

Administration Regulations under chapter VII of title 15, Code of Federal Regulations (or successor regulations), other than food and other agricultural commodities, medicines and medical equipment. Any such license or approval that 

is in effect on the on the date on which the sanction under this paragraph is 

imposed, shall be terminated as of such date. 

(c) PERIOD SANCTIONS IN EFFECT.—The sanctions referred to in subsection (b) 

should be imposed for not less than two years, but may be imposed for longer periods. The President may suspend after one year any sanction imposed pursuant to 

this section 15 days after submitting to the appropriate congressional committees 

a report explaining— 

50 

(1) the reasons for modifying or terminating the sanction; 

(2) how the purposes of this Act and United States national security are 

furthered by such modification or termination; and 

(3) what measures the United States will take or is taking to ensure that 

the foreign person will not engage in similar activities in the future. 

SEC. 812. PRESIDENTIAL NOTIFICATION ON ACTIVITIES OF FOREIGN PERSONS. 

(a) REPORTS TO CONGRESS.—Not later than 180 days after enactment of this Act 

and no later than January 31 of each year thereafter, the President shall submit 

to the appropriate congressional committees a report detailing any activity by any 

foreign person described in section 811. This report shall also include a description 

of any sanctions that have been imposed and their duration. 

(b) PUBLICATION.—When the President imposes sanctions under section 811, the 

President shall, to the maximum extent unclassified, publish in the Federal Register, not later than 15 days after reporting such sanctions to the appropriate congressional committees under subsection (a), the identity of each sanctioned foreign 

person, the period for which sanctions will be in effect, and the reasons for the sanctions. 

Subtitle B—Further Actions Against Corporations 

Associated With Sanctioned Foreign Persons 

SEC. 821. FINDINGS. 

The Congress finds the following: 

(1) Foreign persons and corporations engaging in nuclear black-market activities are motivated by reasons of commercial gain and profit. 

(2) Sanctions targeted solely against the business interests of the sanctioned person or business concern may be unsuccessful in halting these proliferation activities, as the sanctions may be seen merely as the cost of doing 

business, especially if the business interests of the parent or subsidiary corporate entities are unaffected by the sanctions. 

(3) Such narrow targeting of sanctions creates the incentive to create shell 

and ‘‘carve-out’’ corporate entities to perform the proliferation activities and attract sanctions, leaving all other aspects of the larger corporation unaffected. 

(4) To dissuade corporations from allowing their associated commercial entities or persons from engaging in proliferation black-market activities, they must 

also be made to suffer financial loss and commercial disadvantage, and parent 

and subsidiary commercial enterprises must be held responsible for the proliferation activities of their associated entities. 

(5) If a corporation perceives that the United States Government will do everything possible to make its commercial activity difficult around the world, 

then that corporation has a powerful commercial incentive to prevent any further proliferation activity by its associated entities. 

(6) Therefore, the United States Government should seek to increase the 

risk of commercial loss for associated corporate entities for the proliferation actions of their subsidiaries. 

SEC. 822. CAMPAIGN BY UNITED STATES GOVERNMENT OFFICIALS. 

The President shall instruct all agencies of the United States Government to 

make every effort in their interactions with foreign government and business officials to persuade foreign governments and relevant corporations not to engage in 

any business transaction with a foreign person sanctioned under section 811, including any parent or subsidiary of the sanctioned foreign person, for the duration of 

the sanctions. 

SEC. 823. COORDINATION. 

The Secretary of State shall coordinate the actions of the United States Government under section 822. 

SEC. 824. REPORT. 

Not later than one year after the date of the enactment of this Act and annually 

thereafter, the Secretary of State shall report to the appropriate congressional committees on the actions taken by the United States to carry out section 822. 

51 

Subtitle C—Incentives for Proliferation 

Interdiction Cooperation 

SEC. 831. AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE COUNTRIES. 

The President is authorized to provide, on such terms as the President considers appropriate, assistance under section 832 to any country that cooperates with 

the United States and with other countries allied with the United States to prevent 

the transport and transshipment of items of proliferation concern in its national territory or airspace or in vessels under its control or registry. 

SEC. 832. TYPES OF ASSISTANCE. 

The assistance authorized under section 831 is the following: 

(1) Assistance under section 23 of the Arms Export Control Act. 

(2) Assistance under chapters 4 and 5 of part II of the Foreign Assistance 

Act of 1961. 

(3) Drawdown of defense equipment and services under section 516 of the 

Foreign Assistance Act of 1961. 

SEC. 833. CONGRESSIONAL NOTIFICATION. 

Assistance authorized under this subtitle may not be provided until at least 30 

days after the date on which the President has provided notice thereof to the appropriate congressional committees, in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 

1961. 

SEC. 834. LIMITATION. 

Assistance may be provided to a country under section 831 in no more than 

three fiscal years. 

SEC. 835. USE OF ASSISTANCE. 

To the extent practicable, assistance provided under this subtitle shall be used 

to enhance the capability of the recipient country to prevent the transport and 

transshipment of items of proliferation concern in its national territory or airspace, 

or in vessels under its control or registry, including through the development of a 

legal framework in that country to enhance such capability by criminalizing proliferation, enacting strict export controls, and securing sensitive materials within its 

borders. 

SEC. 836. LIMITATION ON SHIP OR AIRCRAFT TRANSFERS TO UNCOOPERATIVE COUNTRIES. 

Notwithstanding any other provision of law, the United States may not transfer 

any excess defense article that is a vessel or an aircraft to a country that has not 

agreed that it will support and assist efforts by the United States to interdict items 

of proliferation concern until thirty days after the date on which the President has 

provided notice of the proposed transfer to the appropriate congressional committees 

in accordance with the procedures applicable to reprogramming notifications under 

section 634A(a) of the Foreign Assistance Act of 1961, in addition to any other requirement of law. 

Subtitle D—Rollback of Nuclear Proliferation 

Networks 

SEC. 841. NONPROLIFERATION AS A CONDITION OF UNITED STATES ASSISTANCE. 

United States foreign assistance should only be provided to countries that— 

(1) are not cooperating with any non-nuclear weapon state or any foreign 

group or individual who may be engaged in, planning, or assisting international 

terrorism in the development of a nuclear explosive device or its means of delivery and are taking all necessary measures to prevent their nationals and other 

persons and entities subject to their jurisdiction from participating in such cooperation; and 

(2) are fully and completely cooperating with the United States in its efforts 

to eliminate nuclear black-market networks or activities. 

SEC. 842. REPORT ON IDENTIFICATION OF NUCLEAR PROLIFERATION NETWORK HOST COUNTRIES. 

(a) REPORT.— 

(1) IN GENERAL.—Not later than 90 days after the date of the enactment 

of this Act and annually thereafter, the President shall submit a report to the 

appropriate congressional committees that— 

52 

(A) identifies any country in which manufacturing, brokering, shipment, transshipment, or other activity occurred in connection with the 

transactions of the nuclear proliferation network that supplied Libya, Iran, 

North Korea, and possibly other countries or entities, and 

(B) includes any additional information with respect to any country and 

any other nuclear proliferation networks or activities and the foreign persons believed to be participating therein, including any information relating 

to the participation of any foreign person in the export, transfer, or trade 

described in section 811. 

(2) ADDITIONAL INFORMATION.—The report under paragraph (1) shall also 

include a description of the extent to which each country described in the report 

is, in the opinion of the President, fully cooperating with the United States in 

its efforts to eliminate the nuclear proliferation network described in paragraph 

(1)(A) and any other nuclear proliferation networks or activities. The President 

shall base the determination regarding a country’s cooperation with the United 

States in part on the degree to which the country has satisfied United States 

requests for assistance and information, including whether the United States 

has asked and been granted direct investigatory access to key persons involved 

in a nuclear proliferation network. 

(b) CLASSIFICATION.—Reports under this section shall be unclassified to the 

maximum extent possible. 

SEC. 843. SUSPENSION OF ARMS SALES LICENSES AND DELIVERIES TO NUCLEAR PROLIFERATION NETWORK HOST COUNTRIES. 

(a) SUSPENSION.—Upon submission of the report and any additional information 

under section 842 to the appropriate congressional committees, the President shall 

suspend all licenses issued under the Arms Export Control Act, and shall prohibit 

any licenses to be issued under that Act, to any country described in the report or 

additional information, until such time as the President certifies to the appropriate 

congressional committees that such country— 

(1)(A) has fully investigated or is fully investigating the activities of any 

person or entity within its territory that has participated in the nuclear proliferation network or activities; and 

(B) has taken or is taking effective steps to permanently halt similar illicit 

nuclear proliferation or acquisition activities; 

(2) has been or is fully cooperating with the United States and other appropriate international organizations in investigating and eliminating the nuclear 

proliferation network, any successor networks operating within its territory, or 

other illicit proliferation and acquisition activities; and 

(3) has enacted or is enacting new laws, promulgated decrees or regulations, or established practices designed to prevent future such activities from occurring within its territory. 

(b) WAIVER.—The President may waive the requirements of subsection (a) in a 

fiscal year if— 

(1) the President has certified to the appropriate congressional committees 

that the waiver is important to the national security of the United States; and 

(2) five days have elapsed since making the certification under paragraph 

(1). 

Subtitle E—General Provisions 

SEC. 851. DEFINITIONS. 

In this title: 

(1) PARTICIPATED.—The term ‘‘participated’’ means to have sold, transferred, brokered, financed, assisted, delivered or otherwise provided or received, 

and includes any conspiracy or attempt to participate in any of the preceding 

activities, as well as facilitating such activities by any other person. 

(2) FOREIGN PERSON.—The term ‘‘foreign person’’ has the meaning provided 

in section 38(g)(9)(C) of the Arms Export Control Act (22 U.S.C. 2778(g)(9)(C)) 

and includes, for purposes of subsections (a) and (b) of section 811, successors, 

assigns, subsidiaries, and subunits and other business organizations or associations in which that person may be deemed to have a controlling interest. 

(3) EXCESS DEFENSE ARTICLE.—The term ‘‘excess defense article’’ has the 

meaning given that term in section 644(g) of the Foreign Assistance Act of 1961 

(22 U.S.C. 2403(g)). 

(4) ITEMS OF PROLIFERATION CONCERN.—The term ‘‘items of proliferation 

concern’’ means any equipment, materials, or technology that could materially 

support the research, development, manufacturing, or acquisition by any means 

53 

of a nuclear explosive device, a chemical or biological weapon, or missile with 

a payload of 500 kilograms or greater and with a range of 300 kilometers or 

greater. 

(5) PERSON.—The term ‘‘person’’— 

(A) means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity, or subsidiary, subunit, or 

parent entity thereof, and any successor of any such entity; and 

(B) in the case of a country where it may be impossible to identify a 

specific governmental entity referred to in subparagraph (A), means all activities of that government relating to the development or production of any 

nuclear equipment or technology. 

(6) UNITED STATES FOREIGN ASSISTANCE.—The term ‘‘United States foreign 

assistance’’ means assistance under the foreign operations, export financing, 

and related programs appropriations Act for a fiscal year, and assistance under 

the Foreign Assistance Act of 1961. 

TITLE IX—FOREIGN ASSISTANCE PROVISIONS 

Subtitle A—Foreign Assistance Act of 1961 and 

Related Provisions 

CHAPTER 1—PART I OF THE FOREIGN ASSISTANCE ACT OF 1961 

SEC. 901. ASSISTANCE TO ESTABLISH CENTERS FOR THE TREATMENT OF OBSTETRIC FISTULA IN DEVELOPING COUNTRIES. 

(a) AMENDMENT.—Section 104(c) of the Foreign Assistance Act of 1961 (22 

U.S.C. 2151b(c)) is amended— 

(1) by redesignating paragraph (4) as paragraph (5); and 

(2) by inserting after paragraph (3) the following new paragraph: 

‘‘(4)(A) In carrying out the purposes of this subsection, the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for the establishment and operation of not less than twelve centers for the 

treatment and prevention of obstetric fistula at appropriate sites in developing countries. 

‘‘(B) In selecting sites for the establishment of centers pursuant to subparagraph (A), the President should seek the consultation and advice of United States 

embassy officials, appropriate nongovernmental organizations, and local government 

officials in developing countries with high rates of obstetric fistula, with particular 

emphasis on countries in Africa. 

‘‘(C) Each center established pursuant to subparagraph (A) shall, to the maximum extent practicable, carry out the following activities: 

‘‘(i) The provision of surgery to repair obstetric fistula in women who do not 

otherwise have the resources to pay for such surgery and the provision of necessary post-surgery care and support for such women. 

‘‘(ii) Assistance related to surgery and post-surgery care and support described in clause (i), including the provision of transportation to and from the 

center for women in need of such transportation and the provision of necessary 

temporary shelter and food assistance to women in need of such shelter and 

food assistance. 

‘‘(iii) Activities to reduce the incidence of obstetric fistula, including the conduct of appropriate seminars and the dissemination of appropriate educational 

materials, such as brochures, pamphlets, and posters. 

‘‘(iv) Activities to expand access to contraception services for the prevention 

of pregnancies among women whose age or health status place them at high 

risk of prolonged or obstructed childbirth. 

‘‘(D) Each center established pursuant to subparagraph (A) shall, to the maximum extent practicable, ensure that women who suffer from obstetric fistula as a 

result of sexual abuse during conflicts or as a result of official abuse receive preference in receiving services described in clauses (i) and (ii) of subparagraph (C). 

‘‘(E) Not later than January 31, 2008, the President shall prepare and transmit 

to Congress a report on the implementation of this paragraph for fiscal years 2006 

and 2007. 

‘‘(F) In this paragraph, the term ‘obstetric fistula’ means a rupture or hole in 

tissues surrounding a woman’s vagina, bladder, or rectum that occurs when the 

woman is in obstructed childbirth for a prolonged period of time without adequate 

medical attention.’’. 

54 

(b) FUNDING.—Of the amounts made available for each of the fiscal years 2006 

and 2007 to carry out sections 104 and 496 of the Foreign Assistance Act of 1961 

(22 U.S.C. 2151b and 2293), $5,000,000 for each such fiscal year is authorized to 

be available to carry out section 104(c)(4) of such Act (as added by subsection (a)). 

SEC. 902. SUPPORT FOR SMALL AND MEDIUM ENTERPRISES IN SUB-SAHARAN AFRICA. 

Section 240 of the Foreign Assistance Act of 1961 (22 U.S.C. 2200) is amended 

by adding at the end the following: 

‘‘(c) SUPPORT FOR SMALL AND MEDIUM ENTERPRISES IN SUB-SAHARAN AFRICA.— 

‘‘(1) SUPPORT.—The Corporation is commended for its activities in support 

of the development of small and medium enterprises, and is encouraged to exercise its authorities to promote investments in financial institutions that are 

duly incorporated in sub-Saharan African countries, to the extent that the purpose of such investments is to expand investment and lending opportunities to 

small and medium enterprises that— 

‘‘(A) are substantially owned by nationals of sub-Saharan African countries; and 

‘‘(B) are engaged in domestic commerce or international trade in sectors 

such as housing, agriculture, fishing, textiles and apparel, tourism, electronics, technology, manufacturing, and services. 

‘‘(2) CONSIDERATION.—In making a determination to provide insurance and 

financing to financial institutions referred to in paragraph (1), the Corporation 

should take into consideration the extent to which a project establishes and implements a nondiscrimination in lending policy to prohibit discrimination based 

on ethnicity, sex, color, race, religion, physical disability, marital status, or age. 

‘‘(3) TECHNICAL ASSISTANCE.—In supporting a project referred to in paragraph (1), the Corporation may provide technical assistance to— 

‘‘(A) improve the quality of management of financial institutions referred to in paragraph (1) to ensure the safety and stability of such institutions; 

‘‘(B) create in such financial institutions effective credit risk management systems to improve the quality of the assets of such institutions and 

the ability of such institutions to research and assess the overall credit risk 

of critical industries in the domestic economy; and 

‘‘(C) support effective credit risk management by developing internal 

credit rating systems and credit assessment tools that improve the ability 

of such financial institutions to evaluate individual credit worthiness and 

measure the overall amount of risk posed by the total number of borrowers.’’. 

SEC. 903. ASSISTANCE TO SUPPORT DEMOCRACY IN ZIMBABWE. 

Of the amounts made available for each of the fiscal years 2006 and 2007 to 

carry out chapters 1 and 10 of part I of the Foreign Assistance Act of 1961 and 

chapter 4 of part II of such Act, $12,000,000 for each such fiscal year is authorized 

to be available, consistent with the provisions of the Zimbabwe Democracy and Economic Recovery Act of 2001 (Public Law 107–99; 22 U.S.C. 2151 note), to support— 

(1) the restoration of democratic legitimacy and foster a free and fair electoral process in Zimbabwe, particularly through legislative process training for 

members of Parliament; 

(2) capacity building for civil society organizations to effectively provide information on the political process to citizens, defend the legal rights of minorities, women and youth, document the level of adherence by the Government of 

Zimbabwe to national and international civil and human rights standards, and 

monitor and report on the entire electoral process in Zimbabwe; 

(3) organizational capacity-building training for political parties in 

Zimbabwe; 

(4) poll watcher training for party and civil society election observers in 

Zimbabwe; and 

(5) the reestablishment of independent media through overseas broadcasts 

and Internet sites. 

SEC. 904. RESTRICTIONS ON UNITED STATES VOLUNTARY CONTRIBUTIONS TO THE UNITED 

NATIONS DEVELOPMENT PROGRAM. 

(a) LIMITATION.—Of the amounts made available for each of fiscal years 2006 

and 2007 for United States voluntary contributions to the United Nations Development Program, an amount equal to the amount the United Nations Development 

Program will spend in Burma during each fiscal year (including all funds administered by the United Nations Development Program in Burma) shall be withheld unless during such fiscal year the Secretary of State submits to the appropriate congressional committees the certification described in subsection (b). 

55 

(b) CERTIFICATION.—The certification referred to in subsection (a) is a certification by the Secretary that all programs and activities of the United Nations Development Program (including all programs and activities administered by the 

United Nations Development Program) in Burma— 

(1) are focused on eliminating human suffering and addressing the needs 

of the poor; 

(2) are undertaken only through international or private voluntary organizations that are independent of the State Peace and Development Council 

(SPDC) (formerly the State Law and Order Restoration Council or SLORC); 

(3) provide no financial, political, or military benefit, including the provision 

of goods, services, or per diems, to the SPDC or any agency or entity of, or affiliated with, the SPDC, including any entity whose members are ineligible for admission to the United States by reason of such membership under any provision 

of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) (including the Myanmar Maternal and Child Welfare Association (MMCWA), the 

Myanmar Council of Churches (MCC), the Myanmar Medical Association 

(MMA), the Myanmar Women Affairs Federation (MWAF), and the Union of 

Solidarity Development Association (USDA)); and 

(4) are carried out only after consultation with the leadership of the National League for Democracy and the leadership of the National Coalition Government of the Union of Burma. 

(5) REPORT.—Not later than 180 days after the date of the enactment of 

this Act and every 180 days thereafter during fiscal years 2006 and 2007, the 

Secretary shall submit to the appropriate congressional committees a report 

on— (A) all programs and activities of the United Nations Development Program (including all programs and activities administered by the United Nations Development Program) in Burma; and 

(B) all recipients and subrecipients of funds provided under such programs and activities. 

SEC. 905. ASSISTANCE FOR THE OFFICE OF THE POLICE OMBUDSMAN FOR NORTHERN IRELAND. 

Of the amounts made available for each of the fiscal years 2006 and 2007 to 

carry out section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291), 

$100,000 for each such fiscal year is authorized to be available for— 

(1) specialized investigative training, including training in the United 

States, of personnel of the Office of the Police Ombudsman for Northern Ireland; and 

(2) advisory support to the Office of the Police Ombudsman for Northern 

Ireland for the development and strengthening of its investigative capacity in 

order to ensure that policing in Northern Ireland is carried out in compliance 

with internationally recognized human rights standards. 

SEC. 906. REPORT ON FOREIGN LAW ENFORCEMENT TRAINING AND ASSISTANCE. 

Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)), as 

amended by section 317(d) of this Act, is further amended by adding at the end the 

following new paragraph: 

‘‘(9)(A) A separate section on all foreign law enforcement training and assistance that is provided to foreign law enforcement personnel and other related 

governmental authorities by the Department of State, the Department of Defense, the Department of Justice, and the United States Agency for International Development during the previous fiscal year and all such training proposed for the current fiscal year. 

‘‘(B) The section on foreign law enforcement training and assistance shall 

include the following: 

‘‘(i) For each law enforcement training activity— 

‘‘(I) the purpose of the activity and the foreign policy justification 

for the activity; 

‘‘(II) the number of foreign law enforcement personnel who are provided training, their units of operation, and countries of origin; 

‘‘(III) the type of training activity; 

‘‘(IV) the location of the training activity; 

‘‘(V) the department or agency of the United States Government 

which is conducting the training, by unit or office; and 

‘‘(VI) the cost of the training activity and the specific budgetary account from which the cost is paid. 

‘‘(ii) For other law enforcement assistance— 

‘‘(I) the purpose of the assistance and the foreign policy justification 

for the assistance; 

56 

‘‘(II) the type of assistance; 

‘‘(III) the department or agency of the United States Government 

which is providing the assistance, by unit or office, where applicable; 

and 

‘‘(IV) the cost of the assistance and the specific budgetary account 

from which the cost is paid. 

‘‘(iii) For each country— 

‘‘(I) the aggregate number of students trained; 

‘‘(II) the aggregate cost of the law enforcement training and other 

law enforcement assistance; and 

‘‘(III) a plan describing the law enforcement assistance and rule of 

law programs of the relevant departments and agencies of the United 

States Government. 

‘‘(C) FORM.—The report required by this paragraph shall be in unclassified 

form but may include a classified annex.’’. 

SEC. 907. ASSISTANCE FOR DISASTER MITIGATION EFFORTS. 

(a) FINDINGS.—Congress finds the following: 

(1) The devastating impacts of natural disasters can be mitigated by assisting communities to build in safer locations, construct sturdier dwellings, enforce 

sound building codes and practices, and protect natural ecosystems. 

(2) By 2050, two billion people are expected to be especially vulnerable to 

floods due to growing populations, indiscriminate logging, rapid urbanization, 

and increasing development along coasts and in other hazardous regions. 

(3) According to a study by the World Bank and the United States Geologi- cal Survey during the 1990s, $40 billion invested in preventive measures could 

have saved $280 billion in disaster relief funds and saved countless lives. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of 

State, in consultation with the heads of other appropriate departments and agencies 

of the Government of the United States, should develop an initiative to encourage 

the use of disaster mitigation techniques, including techniques described in subsection (a)(1), by foreign governments in regions considered especially vulnerable to 

natural disasters. 

(c) AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961.—Section 491(b) of 

the Foreign Assistance Act of 1961 (22 U.S.C. 2292(b)) is amended by adding at the 

end the following new sentence: ‘‘Assistance relating to disaster preparedness under 

the preceding sentence shall include assistance to encourage the use of disaster 

mitigation techniques, including to assist communities to build in safer locations, 

construct sturdier dwellings, enforce sound building codes and practices, and protect 

natural ecosystems.’’. 

SEC. 908. ASSISTANCE TO PROMOTE DEMOCRACY IN BELARUS. 

Of the amounts made available for each of the fiscal years 2006 and 2007 to 

carry out chapters 11 and 12 of part I of the Foreign Assistance Act of 1961 (22 

U.S.C. 2295 et seq. and 2296 et seq.) and the FREEDOM Support Act (22 U.S.C. 

5801 et seq.), $12,000,000 for each such fiscal year is authorized to be available for 

assistance for the promotion of democracy in the Republic of Belarus, including free 

and fair electoral processes, the development of political parties and nongovernmental organizations, promoting democracy and respect for human rights and the 

rule of law, independent media, and international exchanges and training programs 

for leaders and members of the democratic forces that foster civil society. 

SEC. 909. ASSISTANCE FOR MATERNAL AND PRENATAL CARE FOR CERTAIN INDIVIDUALS OF 

BELARUS AND UKRAINE INVOLVED IN THE CLEANUP OF THE CHORNOBYL DISASTER. 

Of the amounts made available for each of the fiscal years 2006 and 2007 to 

carry out chapters 11 and 12 of part I of the Foreign Assistance Act of 1961 (22 

U.S.C. 2295 et seq. and 2296 et seq.) and the FREEDOM Support Act (22 U.S.C. 

5801 et seq.), such sums as may be necessary for each such fiscal year are authorized to be available for assistance to improve maternal and prenatal care, especially 

for the purpose of helping prevent birth defects and pregnancy complications, for individuals in the Republic of Belarus and Ukraine involved in the cleanup of the region affected by the Chornobyl disaster. 

SEC. 910. ASSISTANCE TO ADDRESS NON-INFECTIOUS DISEASES IN FOREIGN COUNTRIES. 

(a) STATEMENT OF POLICY.—Congress declares the following: 

(1) Medical evidence indicates that non-infectious diseases, like heart disease and obesity, are on the rise worldwide. 

(2) In response to these statistics, the current allocation of funds appropriated to the United States Agency for International Development for Child 

Survival and Maternal Health, Vulnerable Children, HIV/AIDS, Infectious DisVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00056 Fmt 6659 Sfmt 6621 E:\HR\OC\HR168.XXX HR168
57 

eases, Reproductive Health and Family Planning, and the Global Fund to Fight 

AIDS, Tuberculosis and Malaria does not address noninfectious diseases. 

(b) AUTHORIZATION OF ASSISTANCE.—The President, acting through the Administrator of the United States Agency for International Development, is authorized 

to provide assistance, on such terms and conditions as the President may determine, 

to address non-infectious diseases in foreign countries. 

CHAPTER 2—PART II OF THE FOREIGN ASSISTANCE ACT OF 1961 

SEC. 921. ECONOMIC SUPPORT FUND ASSISTANCE FOR EGYPT. 

(a) FINDINGS.—Congress finds the following: 

(1) Despite more than $28 billion in economic assistance provided by the 

United States to Egypt since 1975, Egypt’s economy and educational systems 

are underdeveloped and democratic development remains extremely limited. 

Egypt remains near the bottom of many indices of growth and human development. 

(2) Egypt’s economic troubles, if not addressed through programs to develop 

Egypt’s private sector, could destabilize the country. 

(3) United States programs to promote growth in Egypt, including traditional development assistance as well as programs that attempt to link disbursement of cash assistance to the adoption of economic reforms by the Government of Egypt, have had, at best, mixed success. 

(4) The United States has provided more than $32 billion in military assistance to Egypt since 1979. 

(5) Egypt is currently at peace with all its neighbors. 

(6) Egypt and the United States entered into an agreement in March 2005, 

whereby Egypt undertook to accomplish certain reform-oriented policies primarily related to its financial sector, and the United States undertook, subject 

to its constitutional processes, to provide Egypt with cash assistance. This program of financial reform is important and should continue, supported by assistance in the form of cash transferred from the United States, but not in amounts 

in excess of amounts already agreed to and not for lesser policy reforms than 

have already been agreed to. 

(7) The model of an agreement for policy change between the United States 

and Egypt, similar but not identical to, the concept of a ‘‘Millennium Challenge’’ 

compact that emphasizes performance and outcomes, would be a way to reinvigorate a program for the development of the Egyptian economy that has languished for years, and would give more Egyptians a stake in the proper planning and execution of programs to assist in their country’s development. 

(b) STATEMENT OF POLICY.—It shall be the policy of the United States— 

(1) to acknowledge that— 

(A) threats to Egypt’s stability derive far more from domestic problems, 

such as inadequate economic growth, deficient educational and health-care 

systems, and lack of political freedom, than from external dangers; and 

(B) external threats to Egyptian stability are, in fact, minimal; 

(2) to provide non-military assistance to Egypt which results in actual, sustainable, and, to the extent possible, measurable outcomes in terms of economic 

growth, poverty reduction, humanitarian conditions, health, education, and political reform; 

(3) to restructure Egypt’s assistance package over time so as to diminish 

military assistance and end the reduction of economic assistance and to begin 

the process of this restructuring without delay; and 

(4) to ensure that this restructuring is done in such a manner that ensures 

that maintenance and spare parts for existing Egyptian military equipment is 

not jeopardized and that Egyptian military purchases and projects to which the 

United States has already committed itself be funded fully in accordance with 

previous understandings. 

(c) AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961.— 

(1) IN GENERAL.—Chapter 4 of part II of the Foreign Assistance Act of 1961 

(22 U.S.C. 2346 et seq; relating to the ‘‘Economic Support Fund’’) is amended 

by inserting after section 534 the following new section: 

‘‘SEC. 535. REQUIREMENTS RELATING TO ASSISTANCE FOR EGYPT. 

‘‘(a) REQUIREMENT FOR ASSISTANCE.—Assistance may be provided for Egypt 

under this chapter for a fiscal year only if Egypt provides to the United States for 

the fiscal year a proposal described in subsection (b) that is evaluated and approved 

in accordance with subsection (c). 

‘‘(b) PROPOSAL.— 

58 

‘‘(1) IN GENERAL.—A proposal described in this subsection is a proposal that 

reflects Egyptian priorities to use assistance provided under this chapter to 

meet the requirements of paragraph (2). 

‘‘(2) REQUIREMENTS.—The requirements described in this paragraph are— 

‘‘(A) promoting economic growth (including economic freedom); 

‘‘(B) reducing poverty; 

‘‘(C) improving humanitarian conditions among the poorest individuals 

in Egypt; 

‘‘(D) improving education and health systems for the people of Egypt; 

‘‘(E) reducing corruption in the public and private sectors; and 

‘‘(F) strengthening democratic institutions and individual freedoms. 

‘‘(c) EVALUATION AND APPROVAL OF PROPOSAL.— 

‘‘(1) EVALUATION.—The President, acting through the Secretary of State, 

and in consultation with the Secretary of the Treasury, the United States Trade 

Representative, and the Administrator of the United States Agency for International Development, shall evaluate the proposal provided to the United States 

pursuant to subsection (a) to determine the extent to which the proposal meets 

the requirements of subparagraphs (A) through (F) of subsection (b)(2). 

‘‘(2) APPROVAL.—The President shall approve the proposal only if the President determines that— 

‘‘(A) the proposal sufficiently meets the requirements of subparagraphs 

(A) through (F) of subsection (b)(2) in a manner that achieves, in particular, 

lasting economic growth and poverty reduction and substantially strengthened democratic institutions and individual freedoms; and 

‘‘(B) the Government of Egypt— 

‘‘(i) has adopted and implemented reforms necessary to implement 

the proposal; 

‘‘(ii) has implemented the proposal provided to the United States 

and approved for the prior fiscal year in accordance with the requirements of subparagraphs (A) through (F) of subsection (b)(2); and 

‘‘(iii) has demonstrated high standards of fiduciary controls and accountability with respect to assistance provided for Egypt under this 

chapter. 

‘‘(d) SUSPENSION AND TERMINATION OF ASSISTANCE.—The President, acting 

through the Secretary of State, may suspend or terminate assistance in whole or 

in part for Egypt under this chapter if the President determines that the Government of Egypt is not implementing the proposal in accordance with the requirements of subparagraphs (A) through (F) of subsection (b)(2). 

‘‘(e) CASH ASSISTANCE.— 

‘‘(1) REQUIREMENT.—Notwithstanding any other provision of this section, 

cash assistance may be provided to Egypt under this chapter for a fiscal year 

pursuant to the memorandum of understanding specified in paragraph (2) only 

if a proposal provided to the United States pursuant to subsection (a) for the 

fiscal year has been evaluated and approved in accordance with subsection (c). 

‘‘(2) MEMORANDUM OF UNDERSTANDING.—The memorandum of understanding specified in this paragraph is the memorandum of understanding 

agreed to by the Government of the United States and the Government of Egypt 

in March 2005, including any modification to the memorandum of understanding, except— 

‘‘(A) a modification to increase the amounts of assistance agreed to be 

provided under the memorandum of understanding; or 

‘‘(B) a modification to reduce significantly the scope of, or to extend significantly the time for, the performance by Egypt of obligations that it has 

undertaken under the memorandum of understanding. 

‘‘(f) CONGRESSIONAL NOTIFICATION.—Assistance may not be obligated for Egypt 

under this chapter until 30 days after the date on which the President has provided 

notice thereof to the Committee on International Relations and the Committee on 

Appropriations of the House of Representatives and to the Committee on Foreign 

Relations and the Committee on Appropriations of the Senate in accordance with 

the procedures applicable to reprogramming notifications under section 634A(a) of 

this Act. 

‘‘(g) REPORT.—The President, acting through the Secretary of State, shall prepare and transmit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report for each 

fiscal year that contains— 

‘‘(1) the proposal provided to the United States pursuant to subsection (a) 

for the fiscal year; and 

‘‘(2) the evaluation of the proposal carried out pursuant to subsection (c)(1). 

59 

‘‘(h) RULE OF CONSTRUCTION.—The provisions of this section shall not be superseded except by a provision of law enacted after the date of the enactment of the 

Foreign Relations Authorization Act, Fiscal Years 2006 and 2007, which specifically 

repeals, modifies, or supersedes the provisions of this section.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply 

with respect to assistance for Egypt under chapter 4 of part II of the Foreign 

Assistance Act of 1961 for fiscal year 2007 and each subsequent fiscal year. 

(d) MILITARY ASSISTANCE LEVELS FOR EGYPT; TRANSFER REQUIREMENT.—The 

following amounts available for assistance for Egypt under section 23 of Arms Export Control Act (22 U.S.C. 2763; relating to the ‘‘Foreign Military Financing’’ program) shall be transferred to and consolidated with amounts available for assistance 

for Egypt under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 

2346 et seq.; relating to the ‘‘Economic Support Fund’’): 

(1) For fiscal year 2006, the amount that exceeds $1,260,000,000. 

(2) For fiscal year 2007, the amount that exceeds $1,220,000,000. 

(3) For fiscal year 2008, the amount that exceeds $1,180,000,000. 

(e) CASH-FLOW FINANCING FOR EGYPT.—As soon as practicable after the date of 

the enactment of this Act, the President shall modify the program of cash-flow financing for Egypt under section 23 of the Arms Export Control Act (22 U.S.C. 2763; 

relating to the ‘‘Foreign Military Financing’’ program) so as to accomplish the purposes of the policy set forth in paragraphs (3) and (4) of subsection (b) of this section. 

(f) TRANSFER OF CERTAIN INTEREST FOR EGYPT.—For fiscal year 2006 and subsequent fiscal years, any interest earned from amounts in an interest bearing account 

for Egypt to which funds made available under section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to the ‘‘Foreign Military Financing’’ program) are 

disbursed— 

(1) shall be transferred to and consolidated with amounts available for assistance for the Middle East Partnership Initiative under chapter 4 of part II 

of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the 

‘‘Economic Support Fund’’); and 

(2) shall be allocated for democracy and governance programs for Egypt, including direct support for nongovernmental organizations. 

SEC. 922. INTER-ARAB DEMOCRATIC CHARTER. 

(a) STRATEGY.—The Secretary of State, acting through the Assistant Secretary 

for Democracy, Human Rights, and Labor, and in consultation with the Assistant 

Secretary for Near East Affairs and the Assistant Secretary for Western Hemisphere Affairs, shall develop and implement a strategy to— 

(1) support, including through the provision of technical assistance, efforts 

to establish an Inter-Arab Democratic Charter to promote human rights and democracy in the Near East region; and 

(2) support and promote coordination among human rights organizations, 

pro-democracy advocates, and civil society members from both the Near East region and the Western Hemisphere to assist in efforts to establish the Inter-Arab 

Democratic Charter referred to in paragraph (1). 

(b) REPORT.—Section 665(c) of the Foreign Relations Authorization Act, Fiscal 

Year 2003 (Public Law 107–228; 22 U.S.C. 2151n note) as amended by section 

614(a)(2) of this Act, is further amended by inserting after the first sentence the 

following new sentence: ‘‘As part of such separate report, the Secretary shall include 

information on efforts by the Department of State to develop and implement the 

strategy to support efforts to establish an Inter-Arab Democratic Charter pursuant 

to section 708(a) of the Foreign Relations Authorization Act, Fiscal Years 2006 and 

2007.’’. 

(c) FUNDING.—Of the amounts made available for each of the fiscal years 2006 

and 2007 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 

(22 U.S.C. 2346 et seq.; relating to the ‘‘Economic Support Fund’’), including 

amounts made available to carry out the Human Rights and Democracy Fund and 

the Middle East Partnership Initiative, such sums as may be necessary for each 

such fiscal year is authorized to be available to the Secretary to carry out this section and the amendments made by this section. 

SEC. 923. MIDDLE EAST PARTNERSHIP INITIATIVE. 

(a) FUNDING.—Of the amounts made available for each of the fiscal years 2006 

and 2007 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 

(22 U.S.C. 2346 et seq.; relating to the ‘‘Economic Support Fund’’), such sums as 

may be necessary for each such fiscal year is authorized to be available to the Secretary of State to carry out programs and activities of the Middle East Partnership 

Initiative. 

60 

(b) REQUIREMENT.—Not less than 50 percent of amounts made available for 

each of the fiscal years 2006 and 2007 to carry out the Middle East Partnership Initiative shall be used to— 

(1) strengthen civil society, particularly nongovernmental organizations, 

and expand female and minority participation in the political, economic, and 

educational sectors of countries participating in the Initiative; and 

(2) strengthen the rule of law and promote democratic values and institutions, particularly through— 

(A) developing and implementing standards for free and fair election in 

countries participating in the Initiative; and 

(B) supporting inter-regional efforts to promote democracy in countries 

under authoritarian rule, including through the Community of Democracies 

and Forum for the Future. 

SEC. 924. WEST BANK AND GAZA PROGRAM. 

(a) OVERSIGHT.—For each of the fiscal years 2006 and 2007, the Secretary of 

State shall certify to the appropriate congressional committees not later than 30 

days prior to the initial obligation of funds for the West Bank and Gaza that procedures have been established to ensure that the Comptroller General of the United 

States will have access to appropriate United States financial information in order 

to review the use of United States assistance for the West Bank and Gaza funded 

under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 

et seq.; relating to the ‘‘Economic Support Fund’’). 

(b) VETTING.—Prior to any obligation of funds for each of the fiscal years 2006 

and 2007 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 

for assistance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual or entity that the Secretary knows, or has reason to believe, advocates, 

plans, sponsors, engages in, or has engaged in, terrorist activity. The Secretary of 

State shall, as appropriate, establish procedures specifying the steps to be taken in 

carrying out this subsection and shall terminate assistance to any individual or entity which the Secretary has determined advocates, plans, sponsors, or engages in terrorist activity. 

(c) PROHIBITION.—None of the funds made available for each of the fiscal years 

2006 and 2007 to carry out chapter 4 of part II of the Foreign Assistance Act of 

1961 for the West Bank and Gaza program may be made available for the purpose 

of recognizing or otherwise honoring individuals who commit, or have committed, 

acts of terrorism. 

(d) AUDITS.— 

(1) IN GENERAL.—The Administrator of the United States Agency for International Development shall ensure that independent audits of all contractors 

and grantees, and significant subcontractors and subgrantees, under the West 

Bank and Gaza Program, are conducted for each of the fiscal years 2006 and 

2007 to ensure, among other things, compliance with this section. 

(2) AUDITS BY INSPECTOR GENERAL OF USAID.—Of the funds available for 

each of the fiscal years 2006 and 2007 to carry out chapter 4 of part II of the 

Foreign Assistance Act of 1961 that are made available for assistance for the 

West Bank and Gaza, up to $1,000,000 for each such fiscal year may be used 

by the Office of the Inspector General of the United States Agency for International Development for audits, inspections, and other activities in furtherance 

of the requirements of paragraph (1). Such funds are in addition to funds otherwise available for such purposes. 

(e) DEFINITION.—In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Appropriations and the Committee on International 

Relations of the House of Representatives; and 

(2) the Committee on Appropriations and the Committee on Foreign Relations of the Senate. 

SEC. 925. ECONOMIC SUPPORT FUND ASSISTANCE FOR VENEZUELA. 

There are authorized to be appropriated to the President $9,000,000 for each 

of the fiscal years 2006 and 2007 for assistance under chapter 4 of part II of the 

Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the ‘‘Economic 

Support Fund’’) to fund activities which support political parties, the rule of law, 

civil society, an independent media, and otherwise promote democratic, accountable 

governance in Venezuela. 

61 

CHAPTER 3—PART III OF THE FOREIGN ASSISTANCE ACT OF 1961 

SEC. 931. SUPPORT FOR PRO-DEMOCRACY AND HUMAN RIGHTS ORGANIZATIONS IN CERTAIN 

COUNTRIES. 

Section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)) is 

amended by adding at the end the following new sentence: ‘‘The prohibition contained in the preceding sentence shall not apply with respect to assistance under 

part I (including chapter 4 of part II) of this Act provided in support of programs 

of a pro-democracy or human rights organization located or operating in a country 

described in such sentence, if, at least 30 days before obligating funds for such assistance, the Secretary of State notifies (in classified or unclassified form) the congressional committees specified in section 634A(a) of this Act in accordance with the 

procedures applicable to reprogramming notifications under that section that the 

pro-democracy or human rights organization opposes the use of terrorism, supports 

democracy and respect for human rights, including the equality of women and ethnic and religious minorities, and supports freedoms of the press, speech, association, 

and religion.’’. 

SEC. 932. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. 

(a) AMENDMENT.—Chapter 1 of part III of the Foreign Assistance Act of 1961 

(22 U.S.C. 2351 et seq.) is amended— 

(1) by redesignating the second section 620G (as added by section 149 of 

Public Law 104–164 (110 Stat. 1436)) as section 620J; and 

(2) by adding at the end the following new section: 

‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. 

‘‘(a) LIMITATION.—Assistance may be provided under this Act or any other provision of law to the Palestinian Authority only during a period for which a certification described in subsection (b) is in effect. 

‘‘(b) CERTIFICATION.—A certification described in this subsection is a certification transmitted by the President to Congress that contains a determination of 

the President that— 

‘‘(1) providing direct assistance to the Palestinian Authority is important to 

the national security interests of the United States; and 

‘‘(2) the Palestinian Authority— 

‘‘(A) is committed to and has initiated the process of purging from its 

security services individuals with ties to terrorism; 

‘‘(B) has made demonstrable progress toward dismantling the terrorist 

infrastructure, confiscating unauthorized weapons, arresting and bringing 

terrorists to justice, destroying unauthorized arms factories, thwarting and 

preempting terrorist attacks, and is fully cooperating with Israel’s security 

services; 

‘‘(C) has made demonstrable progress toward halting all anti-Israel incitement in Palestinian Authority-controlled electronic and print media and 

in schools, mosques, and other institutions it controls, and is replacing 

these materials, including textbooks, with materials that promote tolerance, 

peace, and coexistence with Israel; 

‘‘(D) has taken effective steps to ensure democracy, the rule of law, and 

an independent judiciary, and has adopted other reforms such as ensuring 

transparent and accountable governance; 

‘‘(E) is committed to ensuring that all elections within areas it administers to be free, fair, and transparent; and 

‘‘(F) is undertaking verifiable efforts to ensure the financial transparency and accountability of all government ministries and operations. 

‘‘(c) RECERTIFICATIONS.—Not later than 90 days after the date on which the 

President transmits to Congress an initial certification under subsection (b), and 

every 6 months thereafter— 

‘‘(1) the President shall transmit to Congress a recertification that the requirements contained in subsection (b) are continuing to be met; or 

‘‘(2) if the President is unable to make such a recertification, the President 

shall transmit to Congress a report that contains the reasons therefor. 

‘‘(d) CONGRESSIONAL NOTIFICATION.—Assistance made available under this Act 

or any other provision of law to the Palestinian Authority may not be provided until 

15 days after the date on which the President has provided notice thereof to the 

Committee on International Relations and the Committee on Appropriations of the 

House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable 

to reprogramming notifications under section 634A(a) of this Act.’’. 

(b) REPORT BY COMPTROLLER GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Comptroller General of the United States shall 

62 

submit to the appropriate congressional committees a report that contains a review 

of the extent to which United States assistance to the Palestinian Authority under 

the Foreign Assistance Act of 1961 or any other provision of law is properly audited 

by the Department of State, the United States Agency for International Development, and all other relevant departments and agencies of the Government of the 

United States. 

SEC. 933. ASSISTANCE FOR LAW ENFORCEMENT FORCES. 

(a) IN GENERAL.—Section 660(b) of the Foreign Assistance Act of 1961 (22 

U.S.C. 2420(b)) is amended— 

(1) in paragraph (6)— 

(A) by inserting ‘‘to any national, regional, district, municipal, or other 

sub-national governmental entity of a foreign country’’ after ‘‘with respect 

to assistance’’; and 

(B) by striking ‘‘, and the provision of professional’’ and all that follows 

through ‘‘democracy’’; 

(2) in paragraph (7), by striking the period at the end and inserting a semicolon; and 

(3) by adding at the end the following new paragraphs: 

‘‘(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 to 

any national, regional, district, municipal, or other sub-national governmental 

entity of a foreign country, particularly training in international recognized 

standards of human rights, the rule of law, conflict prevention, and the promotion of civilian police roles that support democratic governance and foster improved police relations between law enforcement forces and the communities in 

which they serve; 

‘‘(10) with respect to assistance to combat trafficking in persons, particularly trafficking in persons by organized crime; or 

‘‘(11) with respect to assistance in direct support of developing capabilities 

for and deployment to impending or ongoing peace operations of the United Nations or comparable regional organizations.’’. 

(b) TECHNICAL AMENDMENTS.—Section 660 of the Foreign Assistance Act of 

1961 (22 U.S.C. 2420) is amended— 

(1) in subsection (b) (as amended by subsection (a) of this section)— 

(A) by striking paragraph (2); 

(B) in paragraph (4), by striking ‘‘or’’ at the end; 

(C) in paragraph (7), by moving the margin 2 ems to the left; and 

(D) by redesignating paragraphs (3) through (11) as paragraphs (2) 

through (10), respectively; and 

(2) by striking subsection (d). 

Subtitle B—Other Provisions of Law 

SEC. 941. AMENDMENTS TO THE AFGHANISTAN FREEDOM SUPPORT ACT OF 2002. 

(a) DECLARATION OF POLICY.—It shall be the policy of the United States to— 

(1) assist Afghanistan in the preparation of parliamentary elections which 

are currently scheduled to take place on September 18, 2005; 

(2) urge donor governments and institutions to provide significant financial 

support to support the United Nations Assistance Mission in Afghanistan 

(UNAMA) in carrying out such parliamentary elections; 

(3) assist legitimate and recognized parliamentary candidates and future 

elected parliamentary officials in carrying out the responsibilities and duties of 

their elected offices; and 

(4) assist Afghanistan in the preparation for future presidential and parliamentary elections. 

(b) PURPOSES OF ASSISTANCE.—Section 102 of the Afghanistan Freedom Support 

Act of 2002 (22 U.S.C. 7512) is amended— 

(1) by redesignating paragraphs (5) through (9) as paragraphs (7) through 

(11), respectively; and 

(2) by inserting after paragraph (4) the following new paragraphs: 

‘‘(5) to ensure that parliamentary and presidential elections in Afghanistan 

are carried out in a free, fair, and transparent manner; 

‘‘(6) to provide assistance to legitimate and recognized parliamentary candidates and future elected parliamentary officials in Afghanistan to better eduVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00062 Fmt 6659 Sfmt 6621 E:\HR\OC\HR168.XXX HR168
63 

cate such candidates and officials on parliamentary procedures, anticorruption, 

transparency, and good governance;’’. 

(c) ACTIVITIES SUPPORTED.—Section 103(a)(5)(C) of the Afghanistan Freedom 

Support Act of 2002 (22 U.S.C. 7513(a)(5)(C)) is amended— 

(1) by striking clauses (iii) and (iv); 

(2) by redesignating clauses (v) through (vii) as clauses (xi) through (xiii), 

respectively; 

(3) by inserting after clause (ii) the following new clauses: 

‘‘(iii) programs to promote comprehensive public information campaigns, including nationwide voter and civic education, for the public, 

candidates, and political parties, and special efforts with respect to 

provinces in which small percentages of women voted in the October 

2004 presidential elections; 

‘‘(iv) programs to accelerate disarmament, demobilization, and reintegration processes to ensure that candidates and political groups are 

not influenced or supported by armed militias; 

‘‘(v) programs to support the registration of new voters and the 

preparation of voter rolls; 

‘‘(vi) programs to support the vetting process of candidates for the 

parliamentary elections to ensure that such candidates are eligible 

under the relevant Afghan election requirements; 

‘‘(vii) programs to educate legitimate and recognized parliamentary 

candidates on campaign procedures and processes; 

‘‘(viii) capacity-building programs and advanced professional training programs for senior Afghan Government officials and future elected 

parliamentary officials in matters related to parliamentary procedures, 

anti-corruption, accountability to constituencies, transparency, good 

governance, and other matters related to democratic development; 

‘‘(ix) exchange programs to bring to the United States future elected parliamentary officials and senior officials of legitimate and recognized political parties for educational activities regarding legislative 

procedures, debate, and general campaign and legislative instruction; 

‘‘(x) programs to support nongovernmental organizations and other 

civil society organizations that will assist in civil and voter education 

programs and overall democracy development programs; ’’; 

(4) in clause (xii) (as redesignated), by striking ‘‘and’’ at the end; 

(5) in clause (xiii) (as redesignated), by striking the period at the end and 

inserting ‘‘; and’’; and 

(6) by adding at the end the following new clause: 

‘‘(xiv) other similar activities consistent with the purposes set forth 

in subsection (a).’’. 

(d) AUTHORIZATION OF APPROPRIATIONS.—Section 103(a)(5)(C) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(5)(C)), as amended by subsection (c), is further amended— 

(1) in the matter preceding clause (i), by striking ‘‘To support’’ and inserting 

‘‘(i) To support’’; 

(2) by redesignating clauses (i) through (xiv) as subclauses (I) through 

(XIV), respectively; and 

(3) by adding at the end the following new clause: 

‘‘(ii) Of the amounts made available for each of the fiscal years 2006 

and 2007 to carry out chapter 1 of part I of the Foreign Assistance Act of 

1961 and chapter 4 of part II of such Act, $50,000,000 for each such fiscal 

year is authorized to be available to the President to carry out subclauses 

(III) through (X) of clause (i). ’’. 

(e) SENSE OF CONGRESS.—It is the sense of Congress that the President should 

take all necessary and appropriate steps to encourage all donor governments and 

institutions to provide full financial and logistical support to the United Nations Assistance Mission in Afghanistan (UNAMA) to carry out the parliamentary elections 

in Afghanistan, which are currently scheduled to take place on September 18, 2005, 

so as to— 

(1) ensure the parliamentary elections are legitimate and free from influence, intimidation, and violence by local militia leaders and illicit narcotics terrorist organizations; 

(2) make certain that all Afghans who want to vote may do so and may be 

educated about their choice in parliamentary candidates; 

(3) provide that all legitimate and recognized parliamentary candidates and 

officials of legitimate and recognized political parties are informed and educated 

on campaign procedures and processes; 

64 

(4) provide that future parliamentary officials and senior officials of legitimate and recognized political parties are informed and educated on the legislative procedures and process through exchange programs; and 

(5) assure sufficient funds for deployment of international observers for the 

upcoming parliamentary elections and future presidential and parliamentary 

elections. 

SEC. 942. AMENDMENTS TO THE TIBETAN POLICY ACT OF 2002. 

(a) BILATERAL ASSISTANCE.—Section 616 of the Tibetan Policy Act of 2002 (Public Law 107–228; 22 U.S.C. 6901 note) is amended— 

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following new subsection: 

‘‘(d) UNITED STATES ASSISTANCE.— 

‘‘(1) ASSISTANCE.—The President shall provide grants to nongovernmental 

organizations to support sustainable economic development, cultural and historical preservation, health care, education, and environmental sustainability 

projects for Tibetans inside Tibet that are designed in accordance with the principles contained in subsection (e). 

‘‘(2) ROLE OF SPECIAL COORDINATOR.—The United States Special Coordinator for Tibetan Issues (established under section 621(a)) shall review and approve all projects carried out pursuant to paragraph (1). 

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the President to carry out this subsection $6,000,000 for fiscal year 

2006 and $8,000,000 for fiscal year 2007.’’. 

(b) LANGUAGE TRAINING.—Section 619 of the Tibetan Policy Act of 2002 (Public 

Law 107–228; 22 U.S.C. 6901 note) is amended to read as follows: 

‘‘SEC. 619. REQUIREMENT FOR TIBETAN LANGUAGE TRAINING. 

‘‘The Secretary shall ensure at least one Foreign Service officer assigned to a 

United States post in the People’s Republic of China responsible for monitoring developments in Tibet has at least six months of Tibetan language training prior to 

taking up such assignment at such post, unless such officer possesses equivalent fluency. If the Secretary determines that training resources and timing permit, such 

officer shall receive one year of such training.’’. 

(c) SPECIAL COORDINATOR FOR TIBETAN ISSUES.—Section 621 of the Tibetan Policy Act of 2002 (Public Law 107–228; 22 U.S.C. 6901 note) is amended by adding 

at the end the following new subsection: 

‘‘(e) PERSONNEL.—The Secretary shall assign dedicated personnel to the Office 

of the Special Coordinator for Tibetan Issues sufficient to assist in the management 

of the responsibilities of this section and section 616(d)(2).’’. 

SEC. 943. AMENDMENTS TO THE ANGLO-IRISH AGREEMENT SUPPORT ACT OF 1986. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) United States assistance for the International Fund for Ireland (‘‘International Fund’’) has contributed greatly to the economic development of Northern Ireland and that both objectives of the Anglo-Irish Agreement Support Act 

of 1986 (Public Law 99–415), economic development and reconciliation, remain 

critical to achieving a just and lasting peace in the region, especially in the economically-depressed areas; and 

(2) since policing reform is a significant part of winning public confidence 

and acceptance in the new form of government in Northern Ireland, the International Fund is encouraged to support programs that enhance relations between communities, and between the police and the communities they serve, 

promote human rights training for police, and enhance peaceful mediation in 

neighborhoods of continued conflict. 

(b) AMENDMENTS.— 

(1) FINDINGS AND PURPOSES.—Section 2(b) of the Anglo-Irish Agreement 

Support Act of 1986 (Public Law 99–415) is amended by adding at the end the 

following new sentence: ‘‘Furthermore, the International Fund is encouraged to 

support programs that enhance relations between communities, and between 

the police and the communities they serve, promote human rights training for 

police, enhance peaceful mediation in neighborhoods of continued conflict, promote training programs to enhance the new district partnership police boards 

recommended by the Patten Commission, and assist in the transition of former 

British military installations and prisons into sites for peaceful, community-supported activities, such as housing, retail, and commercial development.’’. 

(2) UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUNDS.—Section 

3 of the Anglo-Irish Agreement Support Act of 1986 is amended by adding at 

the end the following new subsection: 

65 

‘‘(c) FISCAL YEARS 2006 AND 2007.—Of the amounts made available for fiscal 

years 2006 and 2007 to carry out chapter 4 of part II of the Foreign Assistance Act 

of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund), there are 

authorized to be appropriated $20,000,000 for each such fiscal year for United 

States contributions to the International Fund. Amounts appropriated pursuant to 

the authorization of appropriations under the preceding sentence are authorized to 

remain available until expended. Of the amount authorized to be appropriated for 

fiscal years 2006 and 2007 under this subsection, it is the sense of Congress that 

not less than 35 percent of such amount for each such fiscal year should be used 

to carry out the last sentence of section 2(b).’’. 

(3) ANNUAL REPORTS.—Section 6(1) of the Anglo-Irish Agreement Support 

Act of 1986 is amended by adding at the end before the semicolon the following: 

‘‘, specifically through improving local community relations and relations between the police and the people they serve’’. 

SEC. 944. ASSISTANCE FOR DEMOBILIZATION AND DISARMAMENT OF FORMER IRREGULAR 

COMBATANTS IN COLOMBIA. 

(a) AUTHORIZATION.—Amounts made available for fiscal year 2006 and each 

subsequent fiscal year for assistance for the Republic of Colombia under this Act 

or any other provision of law may be made available for assistance for the demobilization and disarmament of former members of foreign terrorist organizations in Colombia, specifically the United Self-Defense Forces of Colombia (AUC), the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN), 

if the Secretary of State makes a certification described in subsection (b) to the appropriate congressional committees prior to the initial obligation of amounts for 

such assistance for the fiscal year involved. 

(b) CERTIFICATION.—A certification described in this subsection is a certification 

that— 

(1) assistance for the fiscal year will be provided only for individuals who 

have verifiably renounced and terminated any affiliation or involvement with 

foreign terrorist organizations; 

(2) the Government of Colombia is continuing to provide full cooperation 

with the Government of the United States relating to extradition requests involving leaders and members of the foreign terrorist organizations involved in 

murder, kidnapping, narcotics trafficking, and other violations of United States 

law; and 

(3) the Government of Colombia has established a concrete and workable 

framework for dismantling the organizational structures of foreign terrorist organizations that adequately balances the need for both reconciliation and justice 

with concerns for fundamental human rights. 

(c) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means— 

(A) the Committee on Appropriations and the Committee on International Relations of the House of Representatives; and 

(B) the Committee on Appropriations and the Committee on Foreign 

Relations of the Senate. 

(2) FOREIGN TERRORIST ORGANIZATION.—The term ‘‘foreign terrorist organization’’ means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act. 

SEC. 945. SUPPORT FOR FAMINE RELIEF IN ETHIOPIA. 

(a) DEMONSTRATION INSURANCE PROJECT.—The Secretary of State is authorized 

to make a United States voluntary contribution to the United Nations World Food 

Program to establish and carry out a demonstration insurance project in the Federal 

Democratic Republic of Ethiopia using weather derivatives to transfer the risk of 

catastrophic drought resulting in famine from vulnerable subsistence farmers to 

international capital markets for the purpose of protecting vulnerable subsistence 

farmers against income and asset losses during natural disasters. 

(b) REPORT.—Not later than one year and two years after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the implementation of the project referred to in subsection (a). 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to the Secretary to carry out this section up to $4,000,000 for fiscal year 2006. 

SEC. 946. ASSISTANCE TO PROMOTE DEMOCRACY AND HUMAN RIGHTS IN VIETNAM. 

(a) FINDING.—Congress finds that the Socialist Republic of Vietnam is a oneparty state, ruled and controlled by the Communist Party of Vietnam, which continues to deny the right of citizens to change their government, prohibits independent political, labor, and social organizations, and continues to commit serious 

66 

human rights violations, including the detention and imprisonment of persons for 

the peaceful expression of dissenting religious and political views. 

(b) POLICY.—It is the policy of the United States— 

(1) to limit United States nonhumanitarian assistance provided to the Government of Vietnam, not to exceed the amount so provided for fiscal year 2005, 

unless the President certifies to Congress not later than 30 days after the date 

of the enactment of this Act that, during the 12-month period preceding such 

certification, Vietnam has made substantial progress toward— 

(A) releasing political and religious prisoners; 

(B) respecting religious freedom and other universally recognized 

human rights; 

(C) allowing open access to the United States for its refugee program; 

(D) cooperating fully toward providing information concerning the locations of members of the United States Armed Forces who continue to be officially listed as missing in action as a result of the Vietnam conflict; 

(E) respecting the rights of ethnic minorities in the Central Highlands; 

and 

(F) ensuring that it is not acting in complicity with organizations engaged in the trafficking of human persons; and 

(2) to ensure that programs of educational and cultural exchange with Vietnam actively promote progress towards freedom and democracy in Vietnam by 

ensuring that Vietnamese nationals who have already demonstrated a commitment to these values are included in such programs. 

(c) DEFINITION.—In this section, the term ‘‘United States nonhumanitarian assistance’’ means— 

(1) any assistance under the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2 of part I of such Act, relating to the Overseas 

Private Investment Corporation), other than— 

(A) disaster relief assistance, including any assistance under chapter 9 

of part I of such Act; 

(B) assistance which involves the provision of food (including monetization of food) or medicine; 

(C) assistance for refugees; and 

(D) assistance to combat HIV/AIDS, including any assistance under section 104A of such Act; and 

(2) sales, or financing on any terms, under the Arms Export Control Act. 

(d) AUTHORIZATION.— 

(1) IN GENERAL.—The President is authorized to provide assistance to nongovernmental organizations and organizations to promote democracy and internationally recognized human rights in Vietnam. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the President $2,000,000 to carry out paragraph (1). 

Subtitle C—Miscellaneous Provisions 

SEC. 951. REPORT ON UNITED STATES WEAPONS TRANSFERS, SALES, AND LICENSING TO 

HAITI. 

(a) REPORT.—Not later than 180 days after the date of the enactment of this 

Act, the Secretary of State shall submit to the appropriate congressional committees 

a report on all United States weapons transfers, sales, and licensing to the Government of the Republic of Haiti for the period beginning on October 4, 1991, and ending on the date of the enactment of this Act. 

(b) CONTENTS.—The report required by subsection (a) shall include a detailed 

description of each of the following: 

(1) The names of the individuals or governmental entities to which weapons 

were transferred, sold, or licensed. 

(2) The number and types of weapons transferred, sold, or licensed. 

(3) The safeguards, if any, that were required prior to the transfer, sale, 

or license of the weapons. 

(c) DEFINITION.—In this section, the term ‘‘United States weapons transfers, 

sales, and licensing’’ means transfers, sales, and licensing of weapons under— 

(1) section 38 of the Arms Export Control Act (22 U.S.C. 2778); or 

(2) chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 

et seq.). 

67 

SEC. 952. SENSE OF CONGRESS REGARDING ASSISTANCE FOR REGIONAL HEALTH EDUCATION AND TRAINING PROGRAMS. 

(a) STATEMENT OF POLICY.—Congress recognizes that many health problems are 

not country specific. Instead many health issues can be categorized and treated 

more effectively on a regional basis. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the United States 

Agency for International Development should use up to five percent of country-specific health program funds, as needed, to address regional health education and 

training needs in instances in which it would be more cost effective to implement 

health education and training programs on a regional basis. 

SEC. 953. SENSE OF CONGRESS REGARDING ASSISTANCE FOR REGIONAL HEALTH CARE DELIVERY. 

(a) STATEMENT OF POLICY.—Congress declares the following: 

(1) Health systems in developing countries for allocating and managing 

health resources are dysfunctional and incapable of addressing evolving epidemiological and demographical changes. 

(2) Neither regional nor countrywide health problems can be adequately addressed without the infrastructure for health systems in place. 

(3) The areas in Africa, Europe, Eurasia, the Middle East, and Asia with 

the greatest health problems all lack the infrastructure for health systems that 

can support providers and contain the cost of treatment. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the United States 

Agency for International Development should use up to five percent of country-specific health program funds, as needed, to support projects to create and improve indigenous capacity for health care delivery in regions in which such projects are most 

needed. 

SEC. 954. SENSE OF CONGRESS REGARDING ELIMINATION OF EXTREME POVERTY IN DEVELOPING COUNTRIES. 

It is the sense of Congress that— 

(1) the elimination of extreme poverty in developing countries should be a 

major priority of United States foreign policy; 

(2) the Unites States should further demonstrate its leadership and commitment to eliminating extreme poverty by working with developing countries, 

donor countries, and multilateral institutions committed to the necessary reforms, policies, and practices that reduce extreme poverty in developing countries and by pursuing greater coordination with key allies and international 

partners; and 

(3) the President, acting through the Administrator of the United States 

Agency for International Development, and in consultation with the heads of 

other appropriate departments and agencies of the Government of the United 

States, international organizations, international financial institutions, recipient governments, civil society organizations, and other appropriate entities, 

should develop a comprehensive strategy to eliminate extreme poverty in developing countries that involves foreign assistance, foreign and local private investment, technical assistance, private-public partnerships, and debt relief. 

SEC. 955. SENSE OF CONGRESS REGARDING UNITED STATES FOREIGN ASSISTANCE. 

It is the sense of Congress that— 

(1) United States foreign assistance should be used to support local capacity-building in developing countries and should focus on improving the institutional capacities of developing countries in order to promote long-term development; and 

(2) the Department of State, the United States Agency for International Development, and the Millennium Challenge Corporation should increase their efforts to enhance recipient country participation in the planning of development 

programs, promote recipient country ownership of the programs, and build local 

capacity within the recipient country. 

TITLE X—REPORTING REQUIREMENTS 

SEC. 1001. TRANS-SAHARA COUNTER-TERRORISM INITIATIVE. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that efforts by the Government of the United States to expand the Pan Sahel Initiative into a robust counterterrorism program in the Saharan region of Africa, to be known as the ‘‘Trans-Sahara Counter Terrorism Initiative’’, should be strongly supported. 

(b) REPORT.— 

68 

(1) IN GENERAL.—Not later than 120 days after the date of the enactment 

of this Act, the Secretary of State shall submit to the appropriate congressional 

committees a detailed strategy, in classified form, regarding the plan of the 

Government of the United States to expand the Pan Sahel Initiative into a robust counter-terrorism program in the Saharan region of Africa, to be known 

as the ‘‘Trans-Sahara Counter Terrorism Initiative’’. 

(2) CONTENTS.—The report shall include the following: 

(A) The names of the countries that will participate in the Initiative. 

(B) A description of the types of security assistance necessary to create 

rapid reaction security forces in order to bolster the capacity of the countries referred to in subparagraph (A) to govern their borders. 

(C) A description of training to ensure respect for human rights and civilian authority by rapid reaction security forces referred to in subparagraph (B) and other appropriate individuals and entities of the countries referred to in subparagraph (A). 

(D) A description of the types of public diplomacy and related assistance that will be provided to promote development and counter radical 

Islamist elements that may be gaining a foothold in the region. 

(3) UPDATE.—The Secretary shall submit to the appropriate congressional 

committees an update of the report required by this subsection not later than 

one year after the date of the initial submission of the report under this subsection. 

(c) COOPERATION OF OTHER DEPARTMENTS AND AGENCIES.—The head of each 

appropriate department and agency of the Government of the United States shall 

cooperate fully with, and assist in the implementation of, the strategy described in 

subsection (b)(1) and shall make such resources and information available as is necessary to ensure the success of the Initiative described in such subsection. 

SEC. 1002. ANNUAL PATTERNS OF GLOBAL TERRORISM REPORT. 

(a) REQUIREMENT OF REPORT.—Section 140(a) Foreign Relations Authorization 

Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(a)) is amended— 

(1) in the heading, by striking ‘‘COUNTRY REPORTS ON TERRORISM’’ and inserting ‘‘PATTERNS OF GLOBAL TERRORISM REPORT’’; and 

(2) in the matter preceding paragraph (1), by inserting ‘‘, the Committee on 

International Relations of the House of Representatives,’’ after ‘‘Speaker of the 

House of Representatives’’. 

(b) ASSESSMENTS WITH RESPECT TO FOREIGN COUNTRIES IN WHICH ACTS OF

TERRORISM OCCURRED.—Section 140(a)(1)(A)(i) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(a)(1)(A)(i)) is amended— 

(1) by striking ‘‘which were, in the opinion of the Secretary, of major significance;’’ and inserting ‘‘, including—’’; and 

(2) by adding at the end the following new subclauses: 

‘‘(I) the number of such acts of terrorism or attempted acts of terrorism; 

‘‘(II) the number of individuals, including United States citizens, 

who were killed or injured in such acts of terrorism; 

‘‘(III) the methods, and relative frequency of methods, utilized in 

such acts of terrorism; and 

‘‘(IV) assessments of individuals who were responsible for such acts 

of terrorism and the relationships of such individuals to terrorist 

groups;’’. 

(c) INFORMATION WITH RESPECT TO TERRORIST GROUPS.—Section 140(a)(2) of 

the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 

2656f(a)(2)) is amended by inserting after ‘‘and any other known international terrorist group’’ the following ‘‘or emerging terrorist group’’. 

(d) INFORMATION WITH RESPECT TO ALL FOREIGN COUNTRIES.—Section 140(a) of 

the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 

2656f(a)) is amended— 

(1) in paragraph (2), by adding ‘‘and’’ at the end after the semicolon; 

(2) in paragraph (3)— 

(A) in the matter preceding subparagraph (A), by striking ‘‘from which 

the United States Government’’ and all that follows through ‘‘United States 

citizens or interests’’ and inserting ‘‘worldwide’’; 

(B) in subparagraph (A)— 

(i) by striking ‘‘the individual or’’; 

(ii) by striking ‘‘the act’’ and inserting ‘‘acts of terrorism’’; and 

(iii) by striking ‘‘and’’ at the end; 

(C) in subparagraph (B) by striking ‘‘against United States citizens in 

the foreign country’’; and 

69 

(D) by adding at the end the following new subparagraph: 

‘‘(C) the extent to which the government of the foreign country is not 

cooperating with respect to the matters described in subparagraphs (A) and 

(B) and other matters relating to counterterrorism efforts.’’; and 

(3) by striking paragraph (4). 

(e) EXISTING PROVISIONS TO BE INCLUDED IN REPORT.—Section 140(b) of the 

Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 

2656f(b)) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘should to the extent 

feasible’’ and inserting ‘‘shall’’; 

(2) in paragraph (1)— 

(A) in the matter preceding subparagraph (A), by inserting ‘‘and (a)(3)’’ 

after ‘‘subsection (a)(1)(A)’’; 

(B) by redesignating subparagraphs (A), (B), and (C) as subparagraphs 

(B), (C), and (D), respectively; 

(C) by inserting before subparagraph (B) (as redesignated) the following 

new subparagraph: 

‘‘(A) a separate list, in chronological order, of all acts of international 

terrorism described in subsection (a)(1)(A);’’; 

(D) in subparagraph (C) (as redesignated), by striking ‘‘affecting American citizens or facilities’’; and 

(E) in subparagraph (D) (as redesignated)— 

(i) in clause (i), by adding at the end before the semicolon the following: ‘‘by the government of the country, government officials, nongovernmental organizations, quasi-governmental organizations, or nationals of the country’’; 

(ii) in clause (v), by adding ‘‘and’’ at the end after the semicolon; 

and 

(iii) by adding at the end the following new clause: 

‘‘(vi) other types of indirect support for international terrorism, 

such as inciting acts of terrorism or countenance of acts of terrorism 

by the government of the country, government officials, nongovernmental organizations, quasi-governmental organizations, or nationals of 

the country;’’; 

(3) in paragraph (3)— 

(A) in subparagraph (E), by striking ‘‘and’’ at the end; 

(B) in subparagraph (F), by adding ‘‘and’’ at the end; and 

(C) by adding at the end the following new subparagraph: 

‘‘(G) information on the stated intentions and patterns of activities of 

terrorist groups described in subsection (a)(2), capabilities and membership 

of such groups, recruitment and fundraising activities of such groups, and 

the relationships of such groups to criminal organizations, including organizations involved in illicit narcotics trafficking;’’; and 

(4) by redesignating paragraphs (3) and (4) (as added by section 701(a)(2)(C) 

of the Intelligence Authorization Act for Fiscal Year 2005 (Public Law 108–487; 

118 Stat. 3961)) as paragraphs (6) and (7), respectively. 

(f) NEW PROVISIONS TO BE INCLUDED IN REPORT.—Section 140(b) of the Foreign 

Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(b)), as 

amended by subsection (e), is further amended— 

(1) in paragraph (6) (as redesignated), by striking ‘‘and’’ at the end; 

(2) in paragraph (7) (as redesignated), by striking the period at the end and 

inserting a semicolon; and 

(3) by adding at the end the following new paragraphs: 

‘‘(8) an analysis of the efforts of multilateral organizations (excluding international financial institutions) to combat international terrorism, including efforts of the United Nations and its affiliated organizations, regional multilateral 

organizations, and nongovernmental organizations; 

‘‘(9) a list of countries of concern with respect to the financing of terrorism; 

and 

‘‘(10) an analysis of policy goals of the United States for counterterrorism 

efforts in the subsequent calendar year.’’. 

(g) CLASSIFICATION OF REPORT.—Section 140(c) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(c)) is amended to read as 

follows: 

‘‘(c) CLASSIFICATION OF REPORT.—The report required by subsection (a) shall be 

submitted in unclassified form and shall contain a classified annex as necessary.’’. 

(h) INTER-AGENCY PROCESS FOR COMPILATION OF REPORT.—Section 140 of Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is 

amended— 

70 

(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and 

(2) by inserting after subsection (c) the following new subsection: 

‘‘(d) INTER-AGENCY PROCESS FOR COMPILATION OF REPORT.—The Secretary of 

State shall, in preparing the report required by subsection (a), establish an interagency process to— 

‘‘(1) consult and coordinate with other appropriate officials of the Government of the United States who are responsible for collecting and analyzing 

counterterrorism intelligence; and 

‘‘(2) utilize, to the maximum extent practicable, such counterterrorism intelligence and analyses.’’. 

(i) COMPARABILITY STANDARD WITH PRIOR REPORT.—Section 140 of Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), as amended by subsection (h), is further amended— 

(1) by redesignating subsections (e) and (f) (as redesignated) as subsections 

(f) and (g), respectively; and 

(2) by inserting after subsection (d) (as added by subsection (h)) the following new subsection: 

‘‘(e) COMPARABILITY STANDARD WITH PRIOR REPORT.—The Secretary of State 

shall, in preparing the report required by subsection (a), use standards, criteria, and 

methodologies in a consistent manner so that statistical comparisons may be made 

among different reports. If significant changes are made to any such standards, criteria, or methodology, the Secretary shall, in consultation with other appropriate officials of the Government of the United States, make appropriate adjustments, using 

the best available methods, so that the data provided in each report is comparable 

to the data provided in prior reports.’’. 

(j) DEFINITIONS.—Section 140(f)(1) of Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (as redesignated) is amended to read as follows: 

‘‘(1) the term ‘international terrorism’ means— 

‘‘(A) terrorism involving citizens or the territory of more than one country; or 

‘‘(B) terrorism involving citizens and the territory of one country which 

is intended to intimidate or coerce not only the civilian population or government of such country but also other civilian populations or governments;’’. 

(k) REPORTING PERIOD.—Section 140(g) Foreign Relations Authorization Act, 

Fiscal Years 1988 and 1989 (as redesignated) is amended to read as follows: 

‘‘(g) REPORTING PERIOD.—The report required under subsection (a) shall cover 

the events of the calendar year preceding the calender year in which the report is 

transmitted.’’. 

(l) APPEARANCE OF SECRETARY OF STATE BEFORE CONGRESS.—Section 140 of the 

Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) 

is amended by adding at the end the following new subsection: 

‘‘(h) APPEARANCE OF SECRETARY OF STATE BEFORE CONGRESS.— 

‘‘(1) IN GENERAL.—The Secretary of State shall appear before Congress at 

annual hearings, as specified in paragraph (2), regarding the provisions included in the report required under subsection (a). 

‘‘(2) SCHEDULE.—The Secretary of State shall appear before— 

‘‘(A) the Committee on International Relations of the House of Representatives on or about May 20 of even numbered calendar years; 

‘‘(B) the Committee on Foreign Relations of the Senate on or about May 

20 of odd numbered calendar years; and 

‘‘(C) either Committee referred to in subparagraph (A) or (B), upon request, following the scheduled appearance of the Secretary before the other 

Committee under subparagraph (A) or (B).’’. 

(m) CONFORMING AMENDMENTS.— 

(1) SECTION HEADING.—The heading of section 140 of the Foreign Relations 

Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is amended to 

read as follows: 

‘‘SEC. 140. ANNUAL PATTERNS OF GLOBAL TERRORISM REPORT.’’. 

(2) TABLE OF CONTENTS.—The table of contents of such Act (as contained 

in section 1(b) of such Act) is amended in the item relating to section 140 to 

read as follows: 

‘‘Sec. 140. Annual patterns of global terrrorism report.’’. 

(n) EFFECTIVE DATE.—The amendments made by this section apply with respect 

to the report required to be transmitted under section 140 of the Foreign Relations 

Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), by April 30, 2007, 

and by April 30 of each subsequent year. 

71 

SEC. 1003. DUAL GATEWAY POLICY OF THE GOVERNMENT OF IRELAND. 

(a) IN GENERAL.—The Secretary of State shall review the dual gateway policy 

and determine the effects the discontinuation of such policy might have on the economy of the United States and the economy of western Ireland before the United 

States takes any action that could lead to the discontinuation of such policy. 

(b) ECONOMIC IMPACT STUDY.—In determining the effects that the discontinuation of such policy might have on the economy of the United States, the Secretary, 

in consultation with the heads of other appropriate departments and agencies, shall 

consider the effects the discontinuation of such policy might have on United States 

businesses operating in western Ireland, Irish businesses operating in and around 

Shannon Airport, and United States air carriers serving Ireland. 

(c) REPORT.—Not later than 180 days after the date of the enactment of this 

Act, the Secretary shall submit to the appropriate congressional committees a report 

describing the determinations made under subsection (a), together with any recommendations for United States action. 

(d) DEFINITION.—In this section, the term ‘‘dual gateway policy’’ means the policy of the Government of Ireland requiring certain air carriers serving Dublin Airport to undertake an equal numbers of flights to Shannon Airport and Dublin Airport during each calendar year. 

SEC. 1004. STABILIZATION IN HAITI. 

Not later than one year after the date of the enactment of this Act and one year 

thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on United States efforts to— 

(1) assist in the disarmament of illegally armed forces in Haiti, including 

through a program of gun exchanges; 

(2) assist in the reform of the Haitian National Police; and 

(3) support stabilization in Haiti. 

SEC. 1005. VERIFICATION REPORTS TO CONGRESS. 

Section 403(a) of the Arms Control and Disarmament Act (22 U.S.C. 2593a(a)) 

is amended in the matter preceding paragraph (1)— 

(1) by striking ‘‘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,’’; and 

(2) by inserting ‘‘, as the President considers appropriate’’ after ‘‘include’’. 

SEC. 1006. PROTECTION OF REFUGEES FROM NORTH KOREA. 

Section 305(a) of the North Korean Human Rights Act of 2004 (Public Law 108– 

333; 22 U.S.C. 7845) is amended— 

(1) in paragraph (1), by striking ‘‘and’’ at the end; 

(2) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; 

and 

(3) by adding at the end the following new paragraph: 

‘‘(3) a detailed description of the measures undertaken by the Secretary of 

State to carry out section 303, including country-specific information with respect to United States efforts to secure the cooperation and permission of the 

governments of countries in East and Southeast Asia to facilitate United States 

processing of North Koreans seeking protection as refugees. The information required by this paragraph may be provided in a classified format, if necessary.’’. 

SEC. 1007. ACQUISITION AND MAJOR SECURITY UPGRADES. 

Section 605(c) of the Secure Embassy Construction and Counterterrorism Act of 

1999 (title VI of the Admiral James W. Nance and Meg Donovan Foreign Relations 

Authorization Act, Fiscal Years 2000 and 2001; Public Law 106–113–Appendix G) 

is amended— 

(1) in the heading, by striking ‘‘SEMIANNUAL’’; 

(2) in the matter preceding paragraph (1), by striking ‘‘June 1 and’’; and 

(3) in paragraph (1)(A), by striking ‘‘two fiscal quarters’’ and inserting 

‘‘year’’. 

SEC. 1008. SERVICES FOR CHILDREN WITH AUTISM AT OVERSEAS MISSIONS. 

(a) STUDY.—With respect to countries in which there is at least one mission of 

the United States, the Secretary of State shall conduct a study of the availability 

of programs that address the special needs of children with autism, including the 

availability of speech therapists and pediatric occupational therapists at Department of Defense sponsored schools. Such study shall include the estimated incidence 

of autism among dependents of members of the Foreign Service and dependents of 

specialist Foreign Service personnel. Such study shall also include an analysis of the 

possibility of establishing ‘‘Educational Centers of Excellence’’ for such children. 

72 

(b) REPORT.—Not later than 30 days after the completion of the study required 

under subsection (a), the Secretary shall submit to the appropriate congressional 

committees a report containing the findings of the study together with any recommendations for related action. 

SEC. 1009. INCIDENCE AND PREVALENCE OF AUTISM WORLDWIDE. 

(a) STUDY.— 

(1) IN GENERAL.—The Secretary of State shall direct the United States representative to the Executive Board of the United Nations Children’s Fund 

(UNICEF) to use the voice and vote of the United States to urge UNICEF to 

provide for the conduct of a study of the incidence and prevalence of autism 

spectrum disorders (in this section referred to as ‘‘autism’’) worldwide. 

(2) CONDUCT OF STUDY.—The study should— 

(A) evaluate the incidence and prevalence of autism in all countries 

worldwide and compare such incidence and prevalence to the incidence and 

prevalence of autism in the United States and evaluate the reliability of the 

information obtained from each country in carrying out this subparagraph; 

and 

(B) evaluate the feasibility of establishing a method for the collection 

of information relating to the incidence and prevalence of autism in all 

countries worldwide. 

(b) REPORT.—The Secretary of State shall direct the United States representative to the Executive Board of UNICEF to use the voice and vote of the United 

States to urge UNICEF to— 

(1) provide for the preparation of a report that contains the results of the 

study described in subsection (a); and 

(2) provide for the availability of the report on the Internet website of 

UNICEF. 

(c) FUNDING.—Of the amounts made available for fiscal year 2006 to carry out 

section 301 of the Foreign Assistance Act of 1961 (22 U.S.C. 2221), $1,500,000 is 

authorized to be available for a voluntary contribution to UNICEF to conduct the 

study described in subsection (a) and prepare the report described in subsection (b). 

SEC. 1010. INTERNET JAMMING. 

(a) REPORT.—Not later than March 1 of the year following the date of the enactment of this Act, the Chairman of the Broadcasting Board of Governors shall submit 

to the appropriate congressional committees a report on the status of state-sponsored and state-directed Internet jamming by repressive foreign governments and 

a description of efforts by the United States to counter such jamming. Each report 

shall list the countries the governments of which pursue Internet censorship or jamming and provide information concerning the government agencies or quasi-governmental organizations of such governments that engage in Internet jamming. 

(b) FORM.—If the Chairman determines that such is appropriate, the Chairman 

may submit such report together with a classified annex. 

SEC. 1011. DEPARTMENT OF STATE EMPLOYMENT COMPOSITION. 

(a) STATEMENT OF POLICY.—In order for the Department of State to accurately 

represent all people in the United States, the Department must accurately reflect 

the diversity of the United States. 

(b) REPORT ON MINORITY RECRUITMENT.—Section 324 of the Foreign Relations 

Authorization Act, Fiscal Year 2003 (Public Law 107–228) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘April 1, 2003, and 

April 1, 2004,’’ and inserting ‘‘April 1, 2006, and April 1, 2007,’’; and 

(2) in paragraphs (1) and (2), by striking ‘‘minority groups’’ each place it 

appears and inserting ‘‘minority groups and women’’. 

(c) ACQUISITION.—Section 324 of such Act is further amended by adding at the 

end the following new paragraph: 

‘‘(3) For the immediately preceding 12-month period for which such information is available— 

‘‘(A) the numbers and percentages of small, minority-owned businesses 

that provide goods and services to the Department as a result of contracts 

with the Department during such period; 

‘‘(B) the total number of such contracts; 

‘‘(C) the total dollar value of such contracts; and 

‘‘(D) and the percentage value represented by such contract proportionate to the total value of all contracts held by the Department.’’. 

(d) USE OF FUNDS.—The provisions of section 325 of such Act shall apply to 

funds authorized to be appropriated under section 101(1)(G) of this Act. 

73 

SEC. 1012. INCITEMENT TO ACTS OF DISCRIMINATION. 

(a) INCLUSION OF INFORMATION RELATING TO INCITEMENT TO ACTS OF DISCRIMINATION IN ANNUAL COUNTRY REPORTS ON HUMAN RIGHT PRACTICES.— 

(1) COUNTRIES RECEIVING ECONOMIC ASSISTANCE.—Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)), as amended by section 

614(b)(1) of this Act, is further amended— 

(A) in paragraph (10), by striking ‘‘and’’ at the end; 

(B) in paragraph (11)(C), by striking the period at the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(12) wherever applicable, a description of the nature and extent of— 

‘‘(A) propaganda in foreign government and foreign government-controlled media and other sources, including foreign government-produced 

educational materials and textbooks, that attempt to justify or promote racial hatred or incite acts of violence against any race or people; 

‘‘(B) complicity or involvement by the foreign government in the creation of such propaganda or incitement of acts of violence against any race 

or people; and 

‘‘(C) a description of the actions, if any, taken by the foreign government to eliminate such propaganda or incitement.’’. 

(2) COUNTRIES RECEIVING SECURITY ASSISTANCE.—Section 502B(b) of the 

Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)), as amended by section 

614(b)(2) of this Act, is further amended by inserting after the ninth sentence 

the following new sentence: ‘‘Each report under this section shall also include, 

wherever applicable, a description of the nature and extent of propaganda in 

foreign government and foreign government-controlled media and other sources, 

including foreign government-produced educational materials and textbooks, 

that attempt to justify or promote racial hatred or incite acts of violence against 

any race or people, complicity or involvement by the foreign government in the 

creation of such propaganda or incitement of acts of violence against any race 

or people, and a description of the actions, if any, taken by the foreign government to eliminate such propaganda or incitement.’’. 

(b) EFFECTIVE DATE OF AMENDMENT.—The amendment made by subsection (a) 

shall take effect on the date of the enactment of this Act and apply beginning with 

the first report submitted by the Secretary of State under sections 116(d) and 

502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) after 

such date. 

SEC. 1013. CHILD MARRIAGE. 

(a) ONE TIME REPORT.—Not later than 180 days after the date of the enactment 

of this Act, the Secretary of State shall submit to the appropriate congressional committees a one time report on the practice of the custom of child marriage in countries around the world. The report shall include the following information: 

(1) A separate section for each country, as applicable, describing the nature 

and extent of child marriage in such country. 

(2) A description of the actions, if any, taken by the government of each 

such country, where applicable, to revise the laws of such country and institutionalize comprehensive procedures and practices to eliminate child marriage. 

(3) A description of the actions taken by the Department of State and other 

Federal departments and agencies to encourage foreign governments to eliminate child marriage and to support the activities of non-governmental organizations dedicated to eliminating child marriage and supporting its victims. 

(b) INCLUSION OF INFORMATION RELATING TO CHILD MARRIAGE IN ANNUAL

COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.— 

(1) COUNTRIES RECEIVING ECONOMIC ASSISTANCE.—Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)), as amended by sections 

614(b)(1) and 1013(a)(1) of this Act, is further amended— 

(A) in paragraph (11)(C), by striking ‘‘and’’ at the end; 

(B) in paragraph (12)(C), by striking the period at the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(13)(A) wherever applicable, a description of the nature and extent of laws 

and traditions in each country that enable or encourage the practice of child 

marriage; and 

‘‘(B) a description of the actions, if any, taken by the government of each 

such country to revise the laws of such country and institutionalize comprehensive procedures and practices to eliminate child marriage.’’. 

(2) COUNTRIES RECEIVING SECURITY ASSISTANCE.—Section 502B(b) of the 

Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)), as amended by sections 

74 

614(b)(2) and 1013(a)(2) of this Act, is further amended by inserting after the 

tenth sentence the following new sentence: ‘‘Each report under this section shall 

also include, wherever applicable, a description of the nature and extent of laws 

and traditions in each country that enable or encourage the practice of child 

marriage and a description of the actions, if any, taken by the government of 

each such country to revise the laws of such country and institutionalize comprehensive procedures and practices to eliminate child marriage.’’. 

(c) EFFECTIVE DATE OF AMENDMENT.—The amendment made by subsection (b) 

shall take effect on the date of the enactment of this Act and apply beginning with 

the first report submitted by the Secretary of State under sections 116(d) and 

502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) after 

the report required under subsection (a). 

SEC. 1014. MAGEN DAVID ADOM SOCIETY. 

(a) FINDINGS.—Section 690(a) of the Foreign Relations Authorization Act, Fiscal 

Year 2003 (Public Law 107–228), is amended by adding at the end the following: 

‘‘(5) Since the founding of the Magen David Adom Society in 1930, the 

American Red Cross has regarded it as a sister national society forging close 

working ties between the two societies and has consistently advocated recognition and membership of the Magen David Adom Society in the International 

Red Cross and Red Crescent Movement. 

‘‘(6) The American Red Cross and the Magen David Adom Society signed 

an important memorandum of understanding in November 2002, outlining 

areas for strategic collaboration, and the American Red Cross will encourage 

other societies to establish similar agreements with the Magen David Adom Society.’’. 

(b) SENSE OF CONGRESS.—Section 690(b) of such Act is amended— 

(1) in paragraph (3), by striking ‘‘and’’ at the end; 

(2) by redesignating paragraph (4) as paragraph (5); and 

(3) by inserting after paragraph (3) the following new paragraph: 

‘‘(4) the High Contracting Parties to the Geneva Conventions of August 12, 

1949, should adopt the October 12, 2000, draft additional protocol which would 

accord international recognition to an additional distinctive emblem; and’’. 

(c) REPORT.—Section 690 of such Act is further amended by adding at the end 

the following new subsection: 

‘‘(c) REPORT.—Not later than 60 days after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years 2006 and 2007, and one year thereafter, the Secretary of State shall submit a report, on a classified basis if necessary, 

to the appropriate congressional committees describing— 

‘‘(1) efforts by the United States to obtain full membership for the Magen 

David Adom Society in the International Red Cross and Red Crescent Movement; 

‘‘(2) efforts by the International Committee of the Red Cross to obtain full 

membership for the Magen David Adom Society in the International Red Cross 

and Red Crescent Movement; 

‘‘(3) efforts of the High Contracting Parties to the Geneva Conventions of 

August 12, 1949, to adopt the October 12, 2000, draft additional protocol to the 

Geneva Conventions; 

‘‘(4) the extent to which the Magen David Adom Society is participating in 

the activities of the International Red Cross and Red Crescent Movement; and 

‘‘(5) efforts by any state, member, or official of the International Red Cross 

and Red Crescent Movement to prevent, obstruct, or place conditions upon— 

‘‘(A) adoption by the High Contracting Parties to the Geneva Conventions of August 12, 1949, of the October 12, 2000, draft additional protocol 

to the Geneva Conventions; and 

‘‘(B) full participation of the Magen David Adom Society in the activities of the International Red Cross and Red Crescent Movement.’’. 

SEC. 1015. DEVELOPMENTS IN AND POLICY TOWARD INDONESIA. 

(a) STATEMENT OF CONGRESS RELATING TO RECENT DEVELOPMENTS, HUMAN

RIGHTS, AND REFORM.—Congress— 

(1) recognizes the remarkable progress in democratization and decentralization made by Indonesia in recent years and commends the people of Indonesia 

on the pace and scale of those continuing reforms; 

(2) reaffirms— 

(A) its deep condolences to the people of Indonesia for the profound 

losses inflicted by the December 26, 2004, earthquake and tsunami; and 

(B) its commitment to generous United States support for relief and 

long term reconstruction efforts in affected areas; 

75 

(3) expresses its hope that in the aftermath of the tsunami tragedy the Government of Indonesia and other parties will succeed in reaching and implementing a peaceful, negotiated settlement of the long-standing conflict in Aceh; 

(4) commends the Government of Indonesia for allowing broad international 

access to Aceh after the December 2004 tsunami, and urges that international 

nongovernmental organizations and media be allowed unfettered access 

throughout Indonesia, including in Papua and Aceh; 

(5) notes with grave concern that— 

(A) reform of the Indonesian security forces has not kept pace with 

democratic political reform, and that the Indonesian military is subject to 

inadequate civilian control and oversight, lacks budgetary transparency, 

and continues to emphasize an internal security role within Indonesia; 

(B) members of the Indonesian security forces continue to commit many 

serious human rights violations, including killings, torture, rape, and arbitrary detention, particularly in areas of communal and separatist conflict; 

and 

(C) the Government of Indonesia largely fails to hold soldiers and police 

accountable for extrajudicial killings and other serious human rights 

abuses, both past and present, including atrocities committed in East Timor 

prior to its independence from Indonesia; 

(6) condemns the intimidation and harassment of human rights and civil 

society organizations by members of the Indonesian security forces and military-backed militia groups, and urges a complete investigation of the fatal poisoning of prominent human rights activist Munir in September 2004; and 

(7) urges the Government of Indonesia and the Indonesian military to continue to provide full, active, and unfettered cooperation to the Federal Bureau 

of Investigation of the Department of Justice in its investigation of the August 

31, 2002, attack near Timika, Papua, which killed three people (including two 

Americans, Rick Spier and Ted Burgon) and injured 12 others, and to pursue 

the indictment, apprehension, and prosecution of all parties responsible for that 

attack. 

(b) FINDINGS RELATING TO PAPUA.—Congress finds the following: 

(1) Papua, a resource-rich province whose indigenous inhabitants are predominantly Melanesian, was formerly a colony of the Netherlands. 

(2) While Indonesia has claimed Papua as part of its territory since its independence in the late 1940s, Papua remained under Dutch administrative control 

until 1962. 

(3) On August 15, 1962, Indonesia and the Netherlands signed an agreement at the United Nations in New York (commonly referred to as the ‘‘New 

York Agreement’’) which transferred administration of Papua first to a United 

Nations Temporary Executive Authority (UNTEA), and then to Indonesia in 

1963, pending an ‘‘act of free choice . . . to permit the inhabitants to decide 

whether they wish to remain with Indonesia’’. 

(4) In the New York Agreement, Indonesia formally recognized ‘‘the eligibility of all adults [in Papua] . . . to participate in [an] act of self-determination 

to be carried out in accordance with international practice’’, and pledged ‘‘to give 

the people of the territory the opportunity to exercise freedom of choice . . . before the end of 1969’’. 

(5) In July and August 1969, Indonesia conducted an ‘‘Act of Free Choice’’, 

in which 1,025 selected Papuan elders voted unanimously to join Indonesia, in 

circumstances that were subject to both overt and covert forms of manipulation. 

(6) In the intervening years, indigenous Papuans have suffered extensive 

human rights abuses, natural resource exploitation, environmental degradation, 

and commercial dominance by immigrant communities, and some individuals 

and groups estimate that more than 100,000 Papuans have been killed during 

Indonesian rule, primarily during the Sukarno and Suharto administrations. 

(7) While the United States supports the territorial integrity of Indonesia, 

Indonesia’s historical reliance on force for the maintenance of control has been 

counterproductive, and long-standing abuses by security forces have galvanized 

independence sentiments among many Papuans. 

(8) While the Indonesian parliament passed a Special Autonomy Law for 

Papua in October 2001 that was intended to allocate greater revenue and decision making authority to the Papuan provincial government, the promise of special autonomy has not been effectively realized and has been undermined in its 

implementation, such as by conflicting legal directives further subdividing the 

province in apparent contravention of the law and without the consent of appropriate provincial authorities. 

(9) Rather than demilitarizing its approach, Indonesia has reportedly sent 

thousands of additional troops to Papua, and military operations in the central 

76 

highlands since the fall of 2004 have displaced thousands of civilians into very 

vulnerable circumstances, contributing further to mistrust of the central government by many indigenous Papuans. 

(10) According to the 2004 Annual Country Report on Human Rights Practices of the Department of State, in Indonesia ‘‘security force members murdered, tortured, raped, beat, and arbitrarily detained civilians and members of 

separatist movements’’ and ‘‘police frequently and arbitrarily detained persons 

without warrants, charges, or court proceedings’’ in Papua. 

(c) REPORTING REQUIREMENTS.— 

(1) REPORT ON SPECIAL AUTONOMY.—Not later than 180 days after the date 

of the enactment of this Act and one year thereafter, the Secretary of State 

shall submit to the appropriate congressional committees a report detailing implementation of special autonomy for Papua and Aceh. Such reports shall include— 

(A) an assessment of the extent to which each province has enjoyed an 

increase in revenue allocations and decision making authority; 

(B) a description of access by international press and non-governmental 

organizations to each province; 

(C) an assessment of the role played by local civil society in governance 

and decision making; 

(D) a description of force levels and conduct of Indonesian security 

forces in each province; and 

(E) a description of United States efforts to promote respect for human 

rights in each province. 

(2) REPORT ON THE 1969 ACT OF FREE CHOICE.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of State shall submit to the 

appropriate congressional committees a report analyzing the 1969 Act of Free 

Choice. 

SEC. 1016. MURDERS OF UNITED STATES CITIZENS JOHN BRANCHIZIO, MARK PARSON, AND 

JOHN MARIN LINDE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) On October 15, 2003, a convoy of clearly identified United States diplomatic vehicles was attacked by Palestinian terrorists in Gaza resulting in the 

death of United States citizens John Branchizio, Mark Parson, and John Marin 

Linde, and the injury of a fourth United States citizen. 

(2) John Branchizio, Mark Parson, and John Marin Linde were contract employees providing security to United States diplomatic personnel who were visiting Gaza in order to identify potential Palestinian candidates for Fulbright 

Scholarships. 

(3) A senior official of the Palestinian Authority was reported to have stated 

on September 22, 2004, that ‘‘Palestinian security forces know who was behind 

the killing’’ of John Branchizio, Mark Parson, and John Marin Linde. 

(4) Following her visit to Israel and the West Bank on February 7, 2005, 

Secretary of State Condoleezza Rice announced that she had been ‘‘assured by 

President Abbas of the Palestinian Authority’s intention to bring justice to those 

who murdered three American personnel in the Gaza in 2003’’. 

(5) Since the attack on October 15, 2003, United States Government personnel have been prohibited from all travel in Gaza. 

(6) The United States Rewards for Justice program is offering a reward of 

up to $5,000,000 for information leading to the arrest or conviction of any persons involved in the murder of John Branchizio, Mark Parson, and John Marin 

Linde. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the continued inability or unwillingness of the Palestinian Authority to 

actively and aggressively pursue the murderers of United States citizens John 

Branchizio, Mark Parson, and John Marin Linde and bring them to justice calls 

into question the Palestinian Authority’s viability as a partner for the United 

States in resolving the Palestinian-Israeli conflict; 

(2) future United States assistance to the Palestinian Authority may be affected, and the continued operation of the PLO Representative Office in Washington may be jeopardized, if the Palestinian Authority does not fully and effectively cooperate in bringing to justice the murderers of John Branchizio, Mark 

Parson, and John Marin Linde; and 

(3) it is in the vital national security interest of the United States to safeguard, to the greatest extent possible consistent with their mission, United 

States diplomats and all embassy and consulate personnel, and to use the full 

power of the United States to bring to justice any individual or entity that 

threatens, jeopardizes, or harms them. 

77 

(c) REPORT.—Not later than 30 days after the date of the enactment of this Act, 

and every 120 days thereafter, the Secretary of State shall submit a report, on a 

classified basis if necessary, to the appropriate congressional committees describing— 

(1) efforts by the United States to bring to justice the murderers of United 

States citizens John Branchizio, Mark Parson, and John Marin Linde; 

(2) a detailed assessment of efforts by the Palestinian Authority to bring 

to justice the murderers of John Branchizio, Mark Parson, and John Marin 

Linde, including— 

(A) the number of arrests, interrogations, and interviews by Palestinian 

Authority officials related to the case; 

(B) the number of Palestinian security personnel and man-hours assigned to the case; 

(C) the extent of personal supervision or involvement by the President 

and Ministers of the Palestinian Authority; and 

(D) the degree of cooperation between the United States and the Palestinian Authority in regards to this case; 

(3) a specific assessment by the Secretary of whether the Palestinian efforts 

described in paragraph (2) constitute the best possible effort by the Palestinian 

Authority; and 

(4) any additional steps or initiatives requested or recommended by the 

United States that were not pursued by the Palestinian Authority. 

(d) CERTIFICATION.—The requirement to submit a report under subsection (c) 

shall no longer apply if the Secretary of State certifies to the appropriate congressional committees that the murderers of United States citizens John Branchizio, 

Mark Parson, and John Marin Linde have been identified, arrested, and brought to 

justice. 

(e) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and 

(2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. 

SEC. 1017. DIPLOMATIC RELATIONS WITH ISRAEL. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Israel is a friend and ally of the United States whose security is vital 

to regional stability and United States interests. 

(2) Israel currently maintains diplomatic relations with 160 countries, 33 

countries do not have any diplomatic relations with Israel, and one country has 

partial relations with Israel. 

(3) The Government of Israel has been actively seeking to establish formal 

relations with a number of countries. 

(4) After 57 years of existence, Israel deserves to be treated as an equal 

country by its neighbors and the world community. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the United States 

should assist Israel in its efforts to establish diplomatic relations. 

(c) REPORT.—Not later than 90 days after the date of the enactment of this Act 

and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report that includes the following information (in classified 

or unclassified form, as appropriate): 

(1) Actions taken by representatives of the United States to encourage other 

countries to establish full diplomatic relations with Israel. 

(2) Specific responses solicited and received by the Secretary from countries 

that do not maintain full diplomatic relations with Israel with respect to their 

attitudes toward and plans for entering into diplomatic relations with Israel. 

(3) Other measures being undertaken, and measures that will be undertaken, by the United States to ensure and promote Israel’s full participation in 

the world diplomatic community. 

(d) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and 

(2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. 

SEC. 1018. TAX ENFORCEMENT IN COLOMBIA. 

Not later than 90 days after the date of the enactment of this Act, the Secretary 

of State shall submit to the Committee on International Relations of the House of 

Representatives, the Committee on Foreign Relations of the Senate, the Committee 

78 

on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate a report detailing challenges to tax code enforcement in Colombia. This report shall include, as a percentage of Colombia’s gross domestic product, an estimate of current tax revenue, an estimate of potential additional tax revenue if Colombia’s existing tax laws were fully enforced, and a discussion of how 

such additional revenue could be used to achieve the objectives of Plan Colombia, 

including supporting and expanding Colombia’s security forces and increasing the 

availability of alternative livelihoods for illicit crop growers and former combatants. 

SEC. 1019. PROVISION OF CONSULAR AND VISA SERVICES IN PRISTINA, KOSOVA. 

(a) REPORT.—Not later than 90 days after the date of the enactment of this Act, 

the Secretary of State shall submit to the appropriate congressional committees a 

report describing the possibility of providing consular and visa services at the 

United States Office Pristina, Kosovo (USOP) to residents of Kosova. 

(b) CONTENTS.—The report required under subsection (a) shall contain the following information: 

(1) The reasons why consular and visa services are not currently offered at 

the USOP, even though the Office has been in operation for more than five 

years. 

(2) Plans for providing consular and visa services at the USOP, including 

conditions required before such services would be provided and the planned timing for providing such services. 

(3) An explanation of why consular and visa services will not be offered at 

the USOP by January 1, 2007, if such services are not planned to be offered 

by such date. 

(4) The number of residents of Kosova who apply for their visas outside of 

Kosova for each calendar year from 2000–2005. 

SEC. 1020. DEMOCRACY IN PAKISTAN. 

Not later than December 31 in each of fiscal years 2006 and 2007, the President 

shall submit to the appropriate congressional committees a report that contains a 

description of the extent to which, over the preceding 12-month period, the Government of Pakistan has restored a fully functional democracy in Pakistan in which 

free, fair, and transparent elections are held. 

SEC. 1021. STATUS OF THE SOVEREIGNTY OF LEBANON. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) all parties in the Middle East and internationally should exert every effort to implement in its entirety the provisions of United Nations Security 

Council Resolution 1559 (2004), which, among other things— 

(A) calls for ‘‘strict respect’’ for Lebanon’s sovereignty, territorial integrity, unity, and political independence ‘‘under the sole and exclusive authority of the Government of Lebanon throughout Lebanon’’; 

(B) calls upon all remaining foreign forces to withdraw from Lebanon; 

(C) calls for the ‘‘disbanding and disarmament of all Lebanese and nonLebanese militias’’; and 

(D) supports the extension of the control of the Government of Lebanon 

over all Lebanese territory; 

(2) in accordance with United Nations Security Council Resolution 1559, all 

militias in Lebanon, including Hizballah, should be disbanded and disarmed at 

the earliest possible opportunity, and the armed forces of Lebanon should take 

full control of all of Lebanon’s territory and borders; 

(3) the Government of Lebanon is responsible for the disbanding and disarming of the militias, including Hizballah, and preventing the flow of armaments and other military equipment to the militias, including Hizballah, from 

Syria, Iran, and other external sources; 

(4) the Government of the United States should closely monitor progress toward full implementation of all aspects of United Nations Security Council Resolution 1559, particularly the matters described in subparagraphs (A) through 

(D) of paragraph (1); 

(5) the Government of the United States should closely monitor the Government of Lebanon’s efforts to stanch the flow of armaments and other military 

equipment to Hizballah and other militias from external sources, such as Syria 

and Iran; 

(6) the United States and its allies should consider providing training and 

other assistance to the armed forces of Lebanon to enhance their ability to disarm Hizballah and other militias and stanch the flow of arms to Hizballah and 

other militias; and 

79 

(7) United States assistance provided to Lebanon after the date of the enactment of this Act may be affected if Lebanon does not make every effort to 

disarm militias, including Hizballah, and to deny them re-armament. 

(b) REPORT.—Not later than 120 days after the date of the enactment of this 

Act, and every 180 days thereafter, the Secretary of State shall submit to the appropriate congressional committees a report that describes and evaluates— 

(1) the extent to which armed militias continue to operate in Lebanon and 

the progress of the Government of Lebanon to disband and disarm such militias; 

(2) the extent to which the Government of Lebanon is committed to disbanding and disarming Hizballah and other militias and stanching the flow of 

arms to Hizballah and other militias; 

(3) the progress of the armed forces of Lebanon to deploy to and take full 

control of all of Lebanon’s borders; 

(4) the extent to which countries in the region attempt to direct arms to 

Lebanon-based militias or allow their territory to be traversed for this purpose 

and the extent to which these armament efforts succeed; 

(5) the routes and means used by external sources attempting to supply 

arms to the Lebanon-based militias the countries that are involved in these efforts; 

(6) the efforts of the United States and its allies to facilitate the process 

of disbanding and disarming Lebanon-based militias and stanching the flow of 

weapons to such militias; and 

(7) any recommendations for legislation to support the disbanding and disarming of Lebanon-based militias. 

(c) FORM.—The report required by subsection (b) shall be submitted in unclassified form and may contain a classified annex if necessary. 

(d) CERTIFICATION.—The requirement to submit a report under subsection (b) 

shall no longer apply if the Secretary certifies to the appropriate congressional committees that all Lebanon-based militias have been disbanded and disarmed and the 

armed forces of Lebanon are deployed to and in full control of Lebanon’s borders. 

SEC. 1022. ACTIVITIES OF INTERNATIONAL TERRORIST ORGANIZATIONS IN LATIN AMERICA 

AND THE CARIBBEAN. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) activities in Latin America and the Caribbean by international terrorist 

organizations and their affiliates and supporters represent a direct threat to the 

national security of the United States and hemispheric stability; 

(2) international terrorist organizations, such as Hezbollah and Hamas, 

have profited and taken advantage of the dearth or weakened state of the rule 

of law in many Latin American and Caribbean countries to further their own 

aims; and 

(3) the United States should work cooperatively with countries of Latin 

America and the Caribbean to expose and prevent such activities. 

(b) REPORT.—Not later than 180 days after the date of the enactment of this 

Act, and not later than June 30 of the year thereafter, the Secretary of State shall 

submit to the appropriate congressional committees a report on the activities of 

international terrorist organizations in Latin America and the Caribbean. The report shall include the following: 

(1) An assessment of the membership, stated intentions, recruitment, and 

terrorist fundraising capabilities of each international terrorist organization operating in Latin America and the Caribbean. 

(2) An assessment of the relationship of each such international terrorist 

organization with other criminal enterprises or terrorist organizations for fundraising and other criminal purposes. 

(3) An assessment of the activities of each such international terrorist organization. 

(c) FORM.—The report required by subsection (b) shall be submitted in unclassified form but may contain a classified annex. 

SEC. 1023. ANALYSIS OF EMPLOYING WEAPONS SCIENTISTS FROM THE FORMER SOVIET 

UNION IN PROJECT BIOSHIELD. 

(a) REPORT.—Not later than November 1, 2006, the Secretary of State, after 

consultation with the Secretary of Health and Human Services, shall submit to the 

appropriate congressional committees a report containing an analysis of— 

(1) the scientific and technological contributions that scientists formerly employed in the former Soviet Union in the field of biological warfare could make 

to the research and development of biomedical countermeasures; 

80 

(2) the practical alternative methods through which the services of such scientists could be employed so as to facilitate the application of the knowledge 

and experience of such scientists to such research and development; 

(3) the cost-effectiveness of those methods of employing the services of such 

scientists; and 

(4) the desirability and national security implications of providing employment opportunities for such scientists in the field of research and development 

of biomedical countermeasures for purposes of biological weapons nonproliferation. 

(b) RECOMMENDATIONS.—Each Secretary shall also include in the report required under subsection (a) any recommendations of each for appropriate legislation 

to address the issues analyzed in the report. 

(c) DEFINITION.—In this section, the term ‘‘biomedical countermeasures’’ means 

a drug (as such term is defined in section 201(g)(1) of the Federal Food, Drug, and 

Cosmetic Act (21 U.S.C. 321(g)(1))), biological product (as such term is defined in 

section 351(i) of the Public Health Service Act (42 U.S.C. 262(i))), or device (as such 

term is defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 

U.S.C. 321(h))) that is used— 

(1) in the diagnosis, cure, mitigation, treatment, or prevention of harm from 

any biological, chemical, radiological, or nuclear agent that may cause a public 

health emergency affecting national security; or 

(2) in diagnosis, cure, mitigation, treatment, or prevention of harm from a 

condition that may result in adverse health consequences or death. 

SEC. 1024. EXTRADITION OF VIOLENT CRIMINALS FROM MEXICO TO THE UNITED STATES. 

(a) FINDINGS.—Congress finds the following: 

(1) Mexico is unable to extradite criminals who face life sentences without 

the possibility of parole because of a 2001 decision of the Mexican Supreme 

Court. 

(2) As a result of this ruling, Mexico is unable to extradite to the United 

States numerous suspects wanted for violent crimes committed in the United 

States unless the United States assures Mexico that these criminals will not 

face life imprisonment without the possibility of parole. 

(3) The attorneys general from all 50 States have asked the Government 

of the United States to continue to address this extradition issue with the Government of Mexico. 

(4) The Government of the United States and the Government of Mexico 

have experienced positive cooperation on numerous matters relevant to their bilateral relationship, including increased cooperation on extraditions. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the Government of 

the United States should encourage the Government of Mexico to continue to work 

closely with the Mexican Supreme Court to urge the Court to re-visit its October 

2001 ruling so that the possibility of life imprisonment without parole will not have 

an effect on the timely extradition of criminal suspects from Mexico to the United 

States. 

(c) REPORTS.— 

(1) ANNUAL NUMBER AND STATUS OF FORMAL EXTRADITION REQUESTS MADE

TO MEXICO BY THE UNITED STATES.—Not later than six months after the date 

of the enactment of this Act and annually thereafter, the Secretary of State 

shall submit to the appropriate congressional committees a report that includes— 

(A) the number of formal requests made to the Government of Mexico 

by the Government of the United States for the extradition of Mexican nationals suspected of or convicted in abstentia for crimes committed in the 

United States in the preceding fiscal year, the names of such nationals, the 

crimes of which each such national is suspected or has been convicted in 

abstentia, a detailed disposition of the status of each such extradition request, and the progress that has been made with respect to each such extradition request in the preceding fiscal year; and 

(B) the number of such nationals who Mexico has extradited to the 

United States in response to formal extradition requests for such nationals 

in the preceding fiscal year. 

(2) AGGREGATE NUMBER AND STATUS OF FORMAL EXTRADITION REQUESTS

MADE TO MEXICO BY THE UNITED STATES.—Not later than six months after the 

date of the enactment of this Act and annually thereafter, the Secretary of State 

shall submit to the appropriate congressional committees a report that includes— 

(A) the number of formal requests made to the Government of Mexico 

by the Government of the United States for the extradition of Mexican naVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00080 Fmt 6659 Sfmt 6621 E:\HR\OC\HR168.XXX HR168
81 

tionals suspected of or convicted in abstentia for crimes committed in the 

United States since the signing of the Extradition treaty, with appendix, between the United States and Mexico, signed at Mexico City on May 4, 1978 

(31 UST 5059), including the names of such nationals, the crimes of which 

each such national is suspected or has been convicted in abstentia, a detailed disposition of the status of each such extradition request, and the 

progress that has been made with respect to each such extradition request 

since such signing; and 

(B) the number of such nationals who Mexico has extradited to the 

United States in response to formal extradition requests for such nationals 

since the signing of the Extradition treaty, with appendix between the 

United States and Mexico. 

(3) COOPERATION BY THE UNITED STATES WITH EXTRADITION REQUESTS FROM

MEXICO.—Not later than six months after the date of the enactment of this Act 

and annually thereafter, the Secretary of State shall submit to the appropriate 

congressional committees a report that includes— 

(A) the number of United States nationals who the United States has 

extradited to Mexico in response to formal extradition requests for such nationals by Mexico in the preceding fiscal year; and 

(B) the number of United States nationals who the United States has 

extradited to Mexico in response to formal extradition requests for such nationals by Mexico since the signing of the Extradition treaty, with appendix 

between the United States and Mexico. 

(d) FORM.—If the Secretary of State determines that such is appropriate, the 

Secretary may submit a report required under subsection (c) with a classified annex. 

SEC. 1025. ACTIONS OF THE 661 COMMITTEE. 

(a) REPORT.—Not later than 120 days after the date of the enactment of this 

Act, the Secretary of State shall submit to the appropriate congressional committees 

a report on United States decisions, actions, communications, and deliberations in 

the 661 Committee of the United Nations regarding the issues of overpricing of contracts, kickbacks from sales of humanitarian goods, efforts to correct and revalue 

the remaining contracts in the post-Saddam Hussein regime era, oil smuggling, and 

trade protocols. The report shall examine the process by which the United States 

made its decisions in the 661 Committee, the officials in the United States Government involved in these decisions, and the names of the officials who made the final 

decisions. The report shall also include information detailing the positions of the 

other members states of the 661 Committee with respect to the issues described in 

this subsection. 

(b) INCLUSION OF SUPPORTING DOCUMENTS.—The report required under subsection (a) shall contain all supporting documents with respect to the decisions, actions, communications, and deliberations referred in such subsection. 

(c) FORMAT.—If the Secretary determines that such is appropriate, the Secretary may submit the report required under subsection (a) with a classified annex. 

(d) DEFINITION.—In this section, the term ‘‘661 Committee’’ means the committee within the United Nations that was tasked with administering the United 

Nations oil for food program. 

SEC. 1026. ELIMINATION OF REPORT ON REAL ESTATE TRANSACTIONS. 

Section 12 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 303) is hereby 

repealed. 

TITLE XI—MISCELLANEOUS PROVISIONS 

Subtitle A—General Provisions 

SEC. 1101. STATEMENT OF POLICY RELATING TO DEMOCRACY IN IRAN. 

(a) FINDINGS.—Congress finds the following: 

(1) Iran is neither free nor democratic. Men and women are not treated 

equally in Iran, women are legally deprived of internationally recognized 

human rights, and religious freedom is not respected under the laws of Iran. 

Undemocratic institutions, such as the Guardians Council, thwart the decisions 

of elected leaders. 

(2) The April 2005 report of the Department of State states that Iran remained the most active state sponsor of terrorism in 2004. 

(3) That report also states that Iran continues to provide funding, safehaven, training, and weapons to known terrorist groups, including Hizballah, 

Hamas, the Palestine Islamic Jihad, al-Aqsa Martyrs Brigade, and the Popular 

82 

Front for the Liberation of Palestine, and has harbored senior members of alQaeda. 

(b) POLICY.—It is the policy of the United States that— 

(1) currently, there is not a free and fully democratic government in Iran; 

(2) the United States supports transparent, full democracy in Iran; 

(3) the United States supports the rights of the Iranian people to choose 

their system of government; and 

(4) the United States condemns the brutal treatment, imprisonment, and 

torture of Iranian civilians who express political dissent. 

SEC. 1102. IRANIAN NUCLEAR ACTIVITIES. 

(a) FINDINGS.—Congress finds the following: 

(1) Iran remains the world’s leading sponsors of international terrorism and 

is on the Department of State’s list of countries that provide support for acts 

of international terrorism. 

(2) Iran has repeatedly called for the destruction of Israel, and Iran supports organizations, such as Hizballah, Hamas, and the Palestine Islamic Jihad, 

that deny Israel’s right to exist and are responsible for terrorist attacks against 

Israel. 

(3) The Ministry of Defense of the Government of Iran confirmed in July 

2003 that it had successfully conducted the final test of the Shahab-3 missile, 

giving Iran an operational intermediate-range ballistic missile capable of striking both Israel and United States troops throughout the Middle East and Afghanistan. 

(4) Inspections by the International Atomic Energy Agency (IAEA) in Iran 

have revealed significant undeclared activities, including plutonium reprocessing efforts. 

(5) Plutonium reprocessing is a necessary step in a nuclear weapons program that uses plutonium created in a reactor. 

(6) Iran continues to assert its right to pursue nuclear power and related 

technology, continues constructing a heavy water reactor that is ideal for making plutonium for weapons, and has not fully cooperated with the ongoing investigation by the IAEA of its nuclear activities. 

(7) The United States has publicly opposed the completion of reactors at the 

Bushehr nuclear power plant because the transfer of civilian nuclear technology 

and training could help to advance Iran’s nuclear weapons program. 

(8) Russia, in spite of strong international concern that Iran intended to use 

civilian nuclear energy plants to develop nuclear weapons, provided Iran with 

support to complete the Bushehr nuclear facility. 

(9) Russia intends to begin supplying the Bushehr nuclear facility with fuel 

in June 2005, and the Bushehr nuclear plant is expected to begin operation at 

the beginning of 2006. 

(10) The Iranian parliament has ratified a bill supporting the construction 

of 20 new nuclear power plants. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) Russia’s provision of assistance to Iran on the Bushehr nuclear reactor 

is inconsistent with the nonproliferation goals of the United States; 

(2) Iran’s stated plans to construct 20 new nuclear facilities and its development of nuclear technologies, coupled with acknowledged and unacknowledged 

ties to terrorist groups, constitute a threat to global peace and security; and 

(3) the national security interests of the United States will best be served 

if the United States develops and implements a long-term strategy to halt all 

foreign nuclear cooperation with Iran. 

(c) STATEMENT OF CONGRESS.—Congress calls upon the leaders of the governments of the G–8 to— 

(1) insist that the Government of Russia terminate all assistance, including 

fuel shipments, to the Bushehr nuclear facility in Iran; and 

(2) condition Russia’s continued membership in the G–8 on Russia’s termination of all assistance, including fuel shipments, to the Bushehr facility and 

to any other nuclear plants in Iran. 

SEC. 1103. LOCATION OF INTERNATIONAL INSTITUTIONS IN AFRICA. 

(a) STATEMENT OF CONGRESS.—Congress declares that, for the purpose of maintaining regional balances with respect to the location of international organizations 

and institutions in Africa, such organizations or institutions, such as the African 

Development Bank, that move their headquarters offices from their original locations for reasons of security should return once those security issues have been resolved or should relocate to another country in the region in which the organization 

or institution was originally headquartered. 

83 

(b) CONSULTATIONS REGARDING RETURN.—The Secretary of State is authorized 

to begin consultations with appropriate parties to determine the feasibility of returning such organizations and institutions to the regions in which they were originally headquartered. 

SEC. 1104. BENJAMIN GILMAN INTERNATIONAL SCHOLARSHIP PROGRAM. 

Section 305 of the International Academic Opportunity Act of 2000, (title III of 

the Microenterprise for Self-Reliance and International Anti-Corruption Act of 2000) 

(Public Law 106–309; 22 U.S.C. 2462 note) is amended by striking ‘‘$1,500,000’’ and 

inserting ‘‘$4,000,000’’. 

SEC. 1105. PROHIBITION ON COMMEMORATIONS RELATING TO LEADERS OF IMPERIAL 

JAPAN. 

The Department of State, both in Washington and at United States diplomatic 

missions and facilities in foreign countries, shall not engage in any activity, including the celebration of the recently enacted Showa holiday, which may, in any manner, serve to commemorate or be construed as serving to commemorate leaders of 

Imperial Japan who were connected to the attack on the United States Fleet at 

Pearl Harbor, Oahu, Hawaii, on December 7, 1941. 

SEC. 1106. UNITED STATES POLICY REGARDING WORLD BANK GROUP LOANS TO IRAN. 

(a) UNITED STATES POLICY.—The Secretary of State, in consultation with the 

Secretary of the Treasury, shall work to secure the support of the governments of 

countries represented on the decisionmaking boards and councils of the international financial institutions of the World Bank Group to oppose any further activity in Iran by the international financial institutions of the World Bank Group until 

Iran abandons its program to develop nuclear weapons. 

(b) NOTIFICATION.—Not later than 30 days after the Secretary initiates efforts 

to carry out subsection (a), the Secretary shall notify the appropriate congressional 

committees of such efforts. 

(c) WORLD BANK GROUP DEFINED.—As used in this section, the term ‘‘World 

Bank Group’’ means the International Bank for Reconstruction and Development, 

the International Development Association, the International Financial Corporation, 

and the Multilateral Investment Guaranty Agency. 

SEC. 1107. STATEMENT OF POLICY REGARDING SUPPORT FOR SECI REGIONAL CENTER FOR 

COMBATING TRANS-BORDER CRIME. 

(a) FINDINGS.—Congress finds the following: 

(1) The Southeast European Cooperative Initiative (SECI) Regional Center 

for Combating Trans-Border Crime, located in Bucharest, Romania, is composed 

of police and customs officers from each of the 12 member states of SECI: Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Greece, Hungary, Macedonia, 

Moldova, Romania, Slovenia, Serbia and Montenegro and Turkey. 

(2) The SECI Regional Center supports joint trans-border crime fighting efforts through the establishment of task forces, including task forces relating to 

trafficking in human beings, anti-drugs, financial and computer crimes, stolen 

vehicles, anti-smuggling and anti-fraud, and terrorism. 

(b) STATEMENT OF POLICY.—It is the policy of the United States to continue to 

support the activities of the SECI Regional Center for Combating Trans-border 

Crime. 

SEC. 1108. STATEMENT OF POLICY URGING TURKEY TO RESPECT THE RIGHTS AND RELIGIOUS FREEDOMS OF THE ECUMENICAL PATRIARCH. 

(a) FINDINGS.—Congress finds the following: 

(1) Turkey is scheduled to begin accession negotiations with the European 

Union on October 3, 2005. 

(2) In 1993 the European Union defined the membership criteria for accession to the European Union at the Copenhagen European Council, obligating 

candidate countries to have achieved certain levels of reform, including stability 

of institutions guaranteeing democracy, the rule of law, and human rights, and 

respect for and protection of minorities. 

(3) The Government of Turkey refuses to recognize the Ecumenical Patriarch’s international status. 

(4) The Government of Turkey has limited to Turkish nationals the candidates available to the Holy Synod for selection as the Ecumenical Patriarch 

and has refused to reopen the Theological School at Halki, thus impeding training for the clergy. 

(b) STATEMENT OF POLICY.—Congress— 

(1) calls on Turkey to continue to demonstrate its willingness to adopt and 

uphold European standards for the protection of human rights; 

84 

(2) based on the ideals associated with the European Union and its member 

states, calls on Turkey to eliminate all forms of discrimination, particularly 

those based on race or religion, and immediately— 

(A) grant the Ecumenical Patriarch appropriate international recognition and ecclesiastic succession; 

(B) grant the Ecumenical Patriarchate the right to train clergy of all 

nationalities, not just Turkish nationals; and 

(C) respect property rights and human rights of the Ecumenical Patriarchate; and 

(3) calls on Turkey to pledge to uphold and safeguard religious and human 

rights without compromise. 

SEC. 1109. STATEMENT OF POLICY REGARDING THE MURDER OF UNITED STATES CITIZEN 

JOHN M. ALVIS. 

(a) FINDINGS.—Congress finds the following: 

(1) On November 30, 2000, United States citizen John M. Alvis was brutally 

murdered in Baku, Azerbaijan. 

(2) John M. Alvis was serving his final two weeks of a two year full-time 

commitment to the International Republican Institute, a United States nongovernmental organization carrying out assistance projects for the Government 

of the United States to help promote democracy and strengthen the rule of law 

in Azerbaijan. 

(3) The United States is committed to ensuring that the truth of the murder 

of John M. Alvis is determined and the individual or individuals who are responsible for this heinous act are brought to justice. 

(b) STATEMENT OF POLICY.—Congress— 

(1) appreciates the efforts of the Government of Azerbaijan to find the individual or individuals who are responsible for the murder of United States citizen John M. Alvis and urges the Government of Azerbaijan to continue to 

make these efforts a high priority; and 

(2) urges the Secretary of State to continue to raise the issue of the murder 

of United States citizen John M. Alvis with the Government of Azerbaijan and 

to make this issue a priority in relations between the Government of the United 

States and the Government of Azerbaijan. 

SEC. 1110. STATEMENT OF CONGRESS AND POLICY WITH RESPECT TO THE DISENFRANCHISEMENT OF WOMEN. 

(a) FINDINGS.—Congress finds the following: 

(1) Following the May 16, 2005, decision of the Kuwaiti parliament to enfranchise its female citizens, Saudi Arabia is now the only country in world that 

restricts the franchise and the right to hold elected office to men only. 

(2) Only men were allowed to vote and run for office in Saudi Arabia’s municipal elections held earlier this year, the first elections of any kind that Saudi 

Arabia has held since 1963. 

(b) STATEMENTS OF CONGRESS.—Congress— 

(1) strongly condemns the disenfranchisement of women, including restrictions that prevent women from holding office; and 

(2) calls on the Government of Saudi Arabia to, at the earliest possible 

time, promulgate a law that grants women the right to vote and to run for office 

in all future Saudi elections, whether local, provincial, or national. 

(c) POLICY.—The President is encouraged to take such action as the President 

considers appropriate, including a downgrading of diplomatic relations, to encourage 

countries that disenfranchise only women to grant women the rights to vote and 

hold office. 

Subtitle B—Sense of Congress Provisions 

SEC. 1111. KOREAN FULBRIGHT PROGRAMS. 

It is the sense of Congress that Fulbright program activities for the Republic 

of Korea (commonly referred to as ‘‘South Korea’’) should— 

(1) include participation by students from throughout South Korea, including proportional representation from areas outside of Seoul; 

(2) attempt to include Korean students from a broad range of educational 

institutions, including schools other than elite universities; 

(3) broaden the Korean student emphasis beyond degree-seeking graduate 

students to include opportunities for one-year nondegree study at United States 

colleges and universities by pre-doctoral Korean students; and 

85 

(4) include a significant number of Korean students planning to work or 

practice in areas other than advanced research and university teaching, such 

as in government service, media, law, and business. 

SEC. 1112. UNITED STATES RELATIONS WITH TAIWAN. 

It is the sense of Congress that— 

(1) it is in the national interests of the United States to communicate directly with democratically elected and appointed officials of Taiwan, including 

the President of Taiwan, the Vice-President of Taiwan, the Foreign Minister of 

Taiwan, and the Defense Minister of Taiwan; 

(2) the Department of State should, in accordance with Public Law 103– 

416, admit such high level officials of Taiwan to the United States to discuss 

issues of mutual concern with United States officials; and 

(3) the Department of State should, in cooperation with the Ministry of Foreign Affairs of Taiwan, facilitate high level meetings between such high level 

officials of Taiwan and their counterparts in the United States. 

SEC. 1113. NUCLEAR PROLIFERATION AND A. Q. KHAN. 

(a) FINDINGS.—Congress finds the following: 

(1) Dr. Abdul Qadeer Khan, former director of the A.Q. Khan Research Laboratory in Pakistan and Special Adviser to the Prime Minister on the Strategic 

Programme, had the status of a federal minister and established and operated 

an illegal international network which sold nuclear weapons and related technologies to a variety of countries. 

(2) China provided Dr. Khan with nuclear weapons designs, and the illegal 

international nuclear proliferation network established by Dr. Khan may have 

provided other countries with these designs. 

(3) The illegal international nuclear proliferation network established by 

Dr. Khan assisted Iran with its nuclear program by supplying Iran with uranium-enrichment technology, including centrifuge equipment and designs. 

(4) The illegal international nuclear proliferation network established by 

Dr. Khan assisted North Korea with its nuclear weapons program by providing 

centrifuge technology, including designs and complete centrifuges. 

(5) The illegal international nuclear proliferation network established by 

Dr. Khan assisted Libya with its nuclear program by providing blueprints of 

centrifuge parts and thousands of assembled centrifuge parts. 

(6) There is concern that the illegal international nuclear proliferation network created by Dr. Khan may be still in existence and its work still on-going. 

(7) Defense cooperation and technology transfer between China and Pakistan have been recently strengthened, including the codevelopment and manufacturing of a minimum of 400 J–17 ‘‘Thunder’’ fighter aircraft, with a minimum 

of 250 going to China. This and other Chinese-Pakistani technology sharing provides an expanded basis for further Pakistani proliferation of advanced military 

technology. 

(8) The illegal international nuclear proliferation network established by 

Dr. Khan is a threat to United States national security. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the United States— 

(1) should continue efforts to— 

(A) dismantle the illegal international nuclear proliferation network 

created by Dr. Abdul Qadeer Khan; and 

(B) counter, through diplomacy and negotiation, the proliferation of 

weapons of mass destruction from Pakistan to other countries; 

(2) should request and Pakistan should grant access to interview Dr. Khan 

and his top associates to determine in greater detail what technology his network provided or received from Iran, North Korea, Libya, and China; and 

(3) should take the steps necessary to ensure that Pakistan has verifiably 

halted any cooperation with any country in the development of nuclear or missile technology, material, or equipment, or any other technology, material, or 

equipment that is useful for the development of weapons of mass destruction, 

including exports of such technology, material, or equipment. 

SEC. 1114. PALESTINIAN TEXTBOOKS. 

(a) FINDINGS.—Congress finds the following: 

(1) Since 1993, the United States has provided more than $1,400,000,000 

to assist the Palestinian people, including to assist with the process of strengthening the Palestinian educations system. 

(2) Since 1950, the United States has provided more than $3,200,000,000 

in assistance to United Nations Relief and Works Agency (UNRWA), which operates schools in camps housing Palestinians. 

86 

(3) The Palestinian Authority has undertaken a reform of its textbooks, a 

process which will be completed in 2006. 

(4) These new textbooks, while an improvement over past texts, fail in 

many respects to foster attitudes amongst the Palestinian people conducive to 

peace with Israel, including references to the infamous Protocols of the Elders 

of Zion, failure to acknowledge the State of Israel, and failure to discuss Jews 

in sections dealing with religious tolerance. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of State 

should express in the strongest possible terms United States opposition to the inclusion in Palestinian textbooks of materials which foster anti-Semitism and rejection 

of peace with Israel, and to express the unwillingness of the United States to continue to support educational programs of the Palestinian Authority, whether directly 

or indirectly, should the Palestinian Authority continue to include material which 

does not foster tolerance and peace. 

SEC. 1115. INTERNATIONAL CONVENTION AFFIRMING THE HUMAN RIGHTS AND DIGNITY OF 

PERSONS WITH DISABILITIES. 

(a) FINDINGS.—Congress finds the following: 

(1) There are more than 600,000,000 people who have a disability and more 

than two-thirds of all persons with disabilities live in developing countries. 

(2) Only two percent of children with disabilities in developing countries receive any education or rehabilitation. 

(3) A substantial shift has occurred globally from an approach of charity toward persons with disabilities to the recognition of the inherent universal 

human rights of persons with disabilities. 

(4) A clearly defined international standard addressing the rights of persons 

with disabilities would assist developing countries in the creation and implementation of national laws protecting those rights. 

(5) To better protect and promote the rights of persons with disabilities and 

to establish international norms, the United Nations General Assembly adopted 

Resolution 56/168 (December 19, 2001) which established an ad hoc committee 

to consider proposals for a comprehensive and integral international convention 

that affirms the human rights and dignity of persons with disabilities. 

(6) With the strong commitment and leadership of the United States and 

the vast domestic experience of the United States in the advancement of disability rights, the world community can benefit from United States participation 

in the drafting of an international convention that affirms the human rights 

and dignity of persons with disabilities. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the United States should play a leading role in the drafting of an international convention that affirms the human rights and dignity of persons with 

disabilities and which is consistent with the Constitution of the United States, 

the Americans with Disabilities Act of 1990, and other rights enjoyed by United 

States citizens with disabilities; 

(2) for this purpose, the President should authorize the Secretary of State 

to send to the Sixth Session of the United Nations Ad Hoc Committee on a 

Comprehensive and Integral International Convention on the Protection and 

Promotion of the Rights and Dignity of Persons with Disabilities to be held in 

August 2005 and to subsequent sessions of the Ad Hoc Committee a United 

States delegation which includes individuals with disabilities who are recognized leaders in the United States disability rights movement; and 

(3) the United States delegation referred to in paragraph (2) should seek 

the input and advice of the Department of State’s Advisory Committee on Persons with Disabilities with respect to matters considered at the Sixth Session 

of the United Nations Ad Hoc Committee and subsequent sessions. 

SEC. 1116. FULBRIGHT SCHOLARSHIPS FOR EAST ASIA AND THE PACIFIC. 

(a) FINDINGS.—Congress finds the following: 

(1) From 1949–2003, the Department of State awarded 13,176 Fulbright 

Scholarships to students from East Asia and the Pacific, but only 31 went to 

Pacific Island students. 

(2) In 2003–2004, the Department of State awarded 315 scholarships to students from East Asia and the Pacific, but none were awarded to Pacific Island 

students. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the Department of 

State should conduct a review and submit to the appropriate congressional committees a report regarding the marginalization of Pacific Islands students in the awarding of Fulbright Scholarships. 

87 

SEC. 1117. BAKU-TBILISI-CEYHAN ENERGY PIPELINE. 

(a) FINDINGS.—Congress finds the following: 

(1) It has been the long-standing policy of the United States to support the 

independence, security, and economic development of the newly independent 

states of the Caspian Sea region. 

(2) The growth and stability of the newly independent states of the Caspian 

Sea region will be greatly enhanced by the development of their extensive oil 

and natural gas resources and the export of these resources unhindered along 

an east-west energy transportation corridor. 

(3) The establishment of an east-west energy transportation corridor would 

enhance the energy security of the United States, Turkey, and other United 

States allies by ensuring an unhindered flow of energy from the Caspian Sea 

region to world markets. 

(4) The centerpiece of the proposed east-west energy transportation corridor 

is the Baku-Tbilisi-Ceyhan (BTC) pipeline, which was first endorsed by the relevant regional governments in 1998 and which will carry one million barrels of 

Caspian Sea oil per day from Baku, Azerbaijan, to Ceyhan, Turkey, via a route 

that passes through Tbilisi, Georgia. 

(5) The BTC pipeline was inaugurated on May 25, 2005, and Caspian Sea 

oil exports from the port of Ceyhan, Turkey, will begin later this year. 

(6) The BTC pipeline project has received strong bipartisan support during 

the administrations of both Presidents Bill Clinton and George W. Bush. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the governments and peoples of Turkey and the newly independent 

states of the Caspian Sea region should be congratulated for the successful completion of the Baku-Tbilisi-Ceyhan pipeline; 

(2) the policy of the United States to support the independence, security, 

and economic development of the newly independent states of the Caspian Sea 

region should be reaffirmed; and 

(3) projects should be encouraged that would further develop the east-west 

energy transportation corridor between the newly independent states of the 

Caspian Sea region and Europe and that advance the strategic goals of the 

United States, especially the promotion of appropriate multiple routes for the 

transportation to world markets of oil and gas from the Caspian Sea region. 

SEC. 1118. LEGISLATION REQUIRING THE FAIR, COMPREHENSIVE, AND NONDISCRIMINATORY 

RESTITUTION OF PRIVATE PROPERTY CONFISCATED IN POLAND. 

(a) FINDINGS.—Congress find the following: 

(1) The protection of and respect for property rights is a basic tenet for all 

democratic governments that operate according to the rule of law. 

(2) Private properties were seized and confiscated by the Nazis in occupied 

Poland or by the Communist Polish government after World War II. 

(3) Some post-Communist countries in Europe have taken steps toward 

compensating individuals whose property was seized and confiscated by the 

Nazis during World War II and by Communist governments after World War 

II. 

(4) Poland has continuously failed to enact legislation that requires realistically achievable restitution or compensation for those individuals who had their 

private property seized and confiscated. 

(5) Although President Aleksander Kwasniewski of Poland later exercised 

his veto power, in March 2001 the Polish Parliament passed a bill that would 

have provided compensation for seized and confiscated property, but only to individuals who were registered as Polish citizens as of December 31, 1999, thereby excluding all those individuals who emigrated from Poland during and after 

World War II. 

(6) President Kwasniewski met in 2002 with congressional leaders of the 

United States Helsinki Commission and stated that he intended to draft a new 

law requiring the restitution of previously seized and confiscated private property that would not discriminate based on the residency or citizenship of an individual, and which would be ready to take effect by the beginning of 2003. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) Poland should develop a final and complete settlement for those individuals who had their private property seized and confiscated by the Nazis during 

World War II or by the Communist Polish government after the war; 

(2) restitution should be made in a timely manner if they are to be of any 

benefit to the many Holocaust survivors who are in their eighties or older; and 

(3) the President and the Secretary of State should engage, as appropriate— 

(A) in an open dialogue with the Government of Poland supporting the 

adoption of legislation requiring the fair, comprehensive, and nondiscrimVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00087 Fmt 6659 Sfmt 6621 E:\HR\OC\HR168.XXX HR168
88 

inatory restitution of or compensation for private property that was seized 

and confiscated; and 

(B) in follow-up discussions with the Government of Poland regarding 

the status and implementation of such legislation. 

SEC. 1119. CHILD LABOR PRACTICES IN THE COCOA SECTORS OF COTE D’IVOIRE AND GHANA. 

It is the sense of Congress that— 

(1) the Government of the Republic of Cote d’Ivoire and the Government of 

the Republic of Ghana should be commended for the tangible steps they have 

taken to address the situation of child labor in the cocoa sector; 

(2) the Government of Cote d’Ivoire and the Government of Ghana should 

consider child labor and forced labor issues top priorities; 

(3) the chocolate industry signatories to the September 19, 2001, voluntary 

Protocol for the Growing and Processing of Cocoa Beans and their Derivative 

Products in a Manner that Complies with ILO Convention 182 Concerning the 

Prohibition and Immediate Action for the Elimination of the Worst Forms of 

Child Labor should meet the sixth and final pillar of the Protocol, to ‘‘develop 

and implement credible, mutually-acceptable, voluntary, industry-wide standards of public certification, consistent with applicable federal law, that cocoa 

beans and their derivative products have been grown and/or processed without 

any of the worst forms of child labor’’ by July 1, 2005; 

(4) the chocolate industry, nongovernmental organizations, and the Government of Cote d’Ivoire and the Government of Ghana should continue their efforts in full force beyond July 1, 2005, to develop and implement a system to 

monitor child labor in the cocoa industry of Cote d’Ivoire and Ghana; 

(5) the Office to Monitor and Combat Trafficking in Persons of the Department of State should include information on the association between trafficking 

in persons and the cocoa industries of Cote d’Ivoire, Ghana, and other cocoa producing regions in the annual trafficking in persons report to Congress; and 

(6) the Department of State should assist the Government of Cote d’Ivoire 

and the Government of Ghana in preventing the trafficking of persons into the 

cocoa fields and other industries in West Africa. 

SEC. 1120. CONTRIBUTIONS OF IRAQI KURDS. 

(a) FINDINGS.—Congress finds the following: 

(1) Iraqi Kurdish forces played a unique and significant role in the fight to 

liberate Iraq for all Iraqis in 2003. 

(2) Since Iraq’s liberation, Iraqi Kurdish leaders have played prominent and 

constructive roles in the drafting and passage of the Transitional Administrative Law and, more generally, in seeking to achieve a free, stable, and democratic Iraq. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) Iraqi Kurds should be commended for their many contributions and sacrifices made in the cause of creating a free, stable, and democratic Iraq; and 

(2) the Iraqi Transitional Government and the Kurdistan Regional Government are expected to adhere to the highest standards of democratic governance, 

including through enforcement of full equality and rights for all religious and 

ethnic minorities, such as Assyrians and Turcomans. 

SEC. 1121. PROLIFERATION SECURITY INITIATIVE. 

It is the sense of Congress that— 

(1) the Secretary of State should strive to expand and strengthen the Proliferation Security Initiative announced on May 31, 2003, by President George 

W. Bush, placing particular emphasis on including countries outside of the 

North Atlantic Treaty Organization (NATO); and 

(2) the United States should seek an international instrument, in the form 

of a United Nations Security Council resolution, multilateral treaty, or other 

agreement, to enhance international cooperation with the Proliferation Security 

Initiative regarding the interdiction, seizure, and impoundment in international 

waters and airspace of illicit shipments of weapons of mass destruction and 

their delivery systems and of related materials, equipment, and technology. 

SEC. 1122. SECURITY OF NUCLEAR WEAPONS AND MATERIALS. 

It is the sense of Congress that the President should seek to devise and implement standards to improve the security of nuclear weapons and materials by— 

(1) establishing with other willing nations a set of guidelines containing 

performance-based standards for the security of nuclear weapons and materials; 

(2) negotiating with those nations agreements to adopt guidelines containing performance-based standards and implement appropriate verification 

measures to assure ongoing compliance; 

89 

(3) coordinating with those nations and the International Atomic Energy 

Agency to strongly encourage other nations to adopt and verifiably implement 

the standards; and 

(4) encouraging all nations to work with the International Atomic Energy 

Agency to complete the negotiation, adoption, and implementation of its proposed series of documents related to the security of nuclear materials. 

SEC. 1123. INTERNATIONAL CRIMINAL COURT AND GENOCIDE IN DARFUR, SUDAN. 

Based upon the adoption of resolutions on July 22, 2004, by both the House of 

Representatives and the Senate and the declaration on September 9, 2004, by 

former Secretary of State Colin Powell that the atrocities unfolding in Darfur, 

Sudan, are genocide, it is the sense of Congress that, notwithstanding the American 

Servicemembers’ Protection Act of 2002 (title II of the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the 

United States; Public Law 107–206), the United States should render assistance to 

the efforts of the International Criminal Court to bring to justice persons accused 

of genocide, war crimes, or crimes against humanity in Darfur, Sudan, provided that 

legally binding assurances have been received from the United Nations Security 

Council or the International Criminal Court that no current or former United States 

Government official, employee (including any contractor), member of the United 

States Armed Forces, or United States national will be subject to prosecution by the 

International Criminal Court in connection with those efforts. 

SEC. 1124. ACTION AGAINST AL-MANAR TELEVISION. 

(a) FINDINGS.—Congress finds that— 

(1) in 1996, the Secretary of State designated Hizballah as a foreign terrorist organization (FTO) under section 219 of the Immigration and Nationality 

Act; 

(2) al-Manar television is owned and controlled by Hizballah and acts on 

behalf of Hizballah, as openly acknowledged by Hizballah leader Hasan 

Nasrallah; 

(3) al-Manar’s programming, in accordance with Hizballah’s policy, openly 

promotes hatred of and graphically glorifies and incites violence, including suicide bombings, against Americans, Israelis, and Jews; 

(4) in December 2004, the Secretary of State placed al-Manar on its Terrorist Exclusion List, immediately after which the sole satellite company that 

broadcast al-Manar in North America pulled al-Manar off the air; 

(5) in recent months, several European Union (EU) countries and EU-based 

satellite companies have taken actions that severely limit al-Manar’s broadcasting reach in Europe; and 

(6) al-Manar continues to broadcast to all of the Arab world, much of nonArab Asia, most of Central and South America, and parts of Europe, with the 

cooperation of companies headquartered in Europe and the Arab world. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) all countries that host satellite companies that broadcast al-Manar, on 

whose territory al-Manar may be viewed over media subject to government regulation, or where advertising or other financial support for al-Manar originates, 

should take action, by the strongest and most comprehensive appropriate means 

available, to suppress al-Manar’s terroristic programming; and 

(2) the Arab States Broadcasting Union, which is part of the Arab League, 

should revoke al-Manar’s membership status because of al-Manar’s promotion 

of hatred and incitement to violence, including suicide bombings, directed toward Americans, Israelis, and Jews. 

SEC. 1125. STABILITY AND SECURITY IN IRAQ. 

It is the sense of Congress that the President should transmit to the appropriate congressional committees as soon as possible after the date of the enactment 

of this Act the plan to provide for a stable and secure government of Iraq and an 

Iraqi military and police force that will allow the United States military presence 

in Iraq to be diminished. 

SEC. 1126. PROPERTY EXPROPRIATED BY THE GOVERNMENT OF ETHIOPIA. 

It is the sense of the Congress that the Government of Ethiopia should account 

for, compensate for, or return to United States citizens, and entities not less than 

50 percent beneficially owned by United States citizens, property of such citizens 

and entities that has been nationalized, expropriated, or otherwise seized by the 

Government of Ethiopia before the date of the enactment of this Act in contravention of international law. 

90 

SUMMARY

The Foreign Relations Authorization Act for Fiscal Years 2006 

and 2007 (H.R. 2601) authorizes funding for the Department of 

State, for the Broadcasting Board of Governors which is responsible 

for U.S. international broadcasting activities, for security assistance, and other foreign affairs programs. H.R. 2601 continues efforts by this Committee to protect the national security interests of 

the United States, reform the mission of U.S. foreign policy agencies, and strengthen the U.S. diplomatic platform to better serve 

U.S. citizens and promote U.S. interests. 

The legislation also continues efforts to focus on key foreign policy and national security problems facing the nation. The legislation carries out reforms in the strategic export control area to ensure that U.S. military and dual-use technology does not get into 

the hands of our enemies. It addresses the problem of the trade in 

nuclear weapons technology that has been uncovered in the last 

few years and it carries out wide-ranging reforms to the Department of State to institutionalize efforts to promote democracy 

abroad. 

BACKGROUND AND PURPOSE

This bill provides various authorities for the Department of State 

and the Broadcasting Board of Governors to carry out operations 

of the agencies for fiscal years 2006 and 2007. As required by law, 

these agencies must have the authority which is provided in this 

bill to spend appropriated funds. 

In the nearly 4 years since September 11, 2001, there has been 

an increased appreciation for a strong and robust diplomatic effort 

to protect U.S. national interests abroad. H.R. 2601 continues the 

Committee’s support for that effort. The legislation meets the 

President’s request for increases in the amount for the daily operations of the Department of State, particularly its diplomatic operations abroad. Each U.S. Embassy is the platform for the implementation of U.S. foreign policy interests in each country, and 

serves as the base of operations for numerous U.S. agencies, including the Defense Department, the Justice Department, the Department of Homeland Security, the Treasury Department and virtually every other agency of the U.S. Government. In this connection, the Committee fully funds the Embassy Security, Construction, and Maintenance Account, which ensures that U.S. Government employees have safe and secure facilities from which to work. 

The Committee’s long-term efforts have been valuable as we note 

that terrorist bombers directed their efforts away from the U.S. 

consulate in Istanbul because of its security measures and the security standards resulted in a relatively small loss of life suffered 

in car bombings directed against the U.S. consulate in Karachi, 

Pakistan. 

In most of the accounts, the bill matches the President’s request 

for funding. The bill recognizes that requirements of the State Department to meet demanding new missions in Iraq and Afghanistan have required more resources and creative approaches to staffing. A greater emphasis over the past several years on public diplomacy has resulted in increased funding for State Department activities in this area. The Broadcasting Board of Governors has also 

91 

seen increases through supplemental funding and regular budget 

requests for additional programming and the creation of the new 

Middle East Broadcasting Networks. The U.S. must continue to 

have a multi-faceted public outreach effort and one which is systematically assessed. The bill provides these programs with the 

funds and direction to do just that. 

The bill also strengthens the U.S. Government’s development 

and execution of nonproliferation and export control policy, particularly with respect to countering the proliferation of dangerous missile and nuclear technology, and to assure this area is properly integrated with U.S. national security interests in the global war on 

terrorism. The bill also takes a balanced approach to improve the 

responsiveness of the export control system to legitimate needs of 

the U.S. business community while also enhancing the provision of 

security assistance to other countries. 

Many foreign policy concerns are addressed in this bill. Nuclear 

proliferation is a top concern and the bill suggests that the U.S. national interests are greatly served in this regard by a stronger 

International Atomic Energy Agency and by stronger responses to 

black markets in nuclear materials. 

In many other areas of foreign policy concerns the Committee 

has expressed its concern for continued engagement in areas of development, human rights, democracy, poverty reduction, and improved delivery of foreign assistance including efforts to institutionalize the promotion of democracy around the world. 

HEARINGS

The Committee and its Subcommittees held numerous hearings 

on issues related to the bill. The Full Committee held two hearings. 

The first, ‘‘International Relations Budget for Fiscal Year 2006’’ 

was held on February 17, 2005, with Secretary of State 

Condoleezza Rice. The other Full Committee hearing was held on 

May 5, 2005, entitled, ‘‘Promoting Democracy through Diplomacy.’’ 

Testimony was received from the following: Rep. Frank R. Wolf; 

Hon. Paula Dobriansky, Under Secretary for Global Affairs, U.S. 

Department of State; Hon. Mark Palmer, Capital Development 

Company; Ms. Jennifer Windsor, Freedom House; Mr. Saad al-Din 

Ibrahim, Woodrow Wilson International Center for Scholars; and 

Mr. Edil Baisalov, Coalition for Democracy and Civil Society, 

Kyrgyzstan. 

The Subcommittee on Africa, Global Human Rights and International Operations held eight hearings on issues related to the 

bill, and the Subcommittee on International Terrorism and Nonproliferation held one hearing. These hearings were: 

3/1/05—United Nations Organization Mission in the Democratic Republic of Congo: A Case for Peacekeeping Reform, 

Subcommittee on Africa, Global Human Rights and International Operations briefing (Witness: Jane Holl Lute, Ph.D., 

Assistant Secretary-General for Mission Support, Department 

of Peacekeeping Operations, United Nations.) 

3/1/05—United Nations Organization Mission in the Democratic Republic of Congo: A Case for Peacekeeping Reform, 

Subcommittee on Africa, Global Human Rights and International Operations hearing (Witnesses: Hon. Kim R. Holmes, 

92 

Assistant Secretary, Bureau of International Organizational 

Affairs, U.S. Department of State; and public witnesses.) 

3/16/05—Northern Ireland Human Rights: Update on the 

Cory Collusion Inquiry Reports, Subcommittee on Africa, Global Human Rights and International Operations hearing (Witnesses: Hon. Mitchell Reiss, Special Envoy of the President 

and the Secretary of State for Northern Ireland, U.S. Department of State; and public witnesses.) 

3/17/05—A Global Review of Human Rights: Examining the 

State Department’s 2004 Annual Report, Subcommittee on Africa, Global Human Rights and International Operations hearing (Witnesses: Hon. Michael G. Kozak, Acting Assistant Secretary, Bureau of Democracy, Human Rights and Labor, U.S. 

Department of State; and public witnesses.) 

4/14/05—Foreign Relations Authorization for FY 2005–2006: 

Department of State Management Initiatives, Subcommittee on 

Africa, Global Human Rights and International Operations 

hearing (Witnesses: Hon. Christopher B. Burnham, Acting 

Under Secretary for Management, U.S. Department of State; 

and Ms. Louise Crane, Vice President of the American Foreign 

Service Association.) 

4/21/05—Zimbabwe: Prospects for Democracy After the 

March 2005 Elections, Subcommittee on Africa, Global Human 

Rights and International Operations hearing (Witnesses: Hon. 

Constance Berry Newman, Assistant Secretary, Bureau of African Affairs, U.S. Department of State; and public witnesses.) 

4/28/05—The North Korean Human Rights Act of 2004: 

Issues and Implementation, Joint Hearing of the Subcommittee 

on Asia and the Pacific and the Subcommittee on Africa, Global Human Rights and International Operations (Witnesses: 

Hon. Joseph E. DeTrani, Special Envoy for the Six-Party 

Talks, U.S. Department of State; Hon. Arthur E. ‘‘Gene’’ 

Dewey, Assistant Secretary, Bureau of Population, Refugees 

and Migration, U.S. Department of State; Ms. Gretchen A. 

Birkle, Acting Principal Deputy Assistant Secretary, Bureau of 

Democracy, Human Rights and Labor, U.S. Department of 

State; and public witnesses.) 

5/12/05—Reviewing the State Department’s Annual Report 

on Terrorism, Subcommittee on International Terrorism and 

Nonproliferation hearing (Witnesses: Hon. Philip D. Zelikow, 

Counselor, U.S. Department of State; Mr. John O. Brennan, Interim Director, National Counterterrorism Center; and public 

witnesses.) 

5/12/05—Foreign Relations Authorization for FY2005–2006: 

Embassy and Border Security, Subcommittee on Africa, Global 

Human Rights and International Operations hearing (Witnesses: Mr. Gregory B. Starr, Deputy Assistant Secretary for 

Countermeasures, Bureau of Diplomatic Security, U.S. Department of State; Maj. Gen. Charles E. Williams, USA (Ret.), Director, Bureau of Overseas Buildings Operations, U.S. Department of State; and Mr. Dan Smith, Principal Deputy Assistant 

Secretary, Bureau of Consular Affairs, U.S. Department of 

State.) 

93 

5/18/05—United Nations Peacekeeping Reform: Seeking 

Greater Accountability and Integrity, Subcommittee on Africa, 

Global Human Rights and International Operations hearing 

(Witnesses: Mr. Philo L. Dibble, Principal Deputy Assistant 

Secretary, Bureau of International Organization Affairs, U.S. 

Department of State; and public witnesses.) 

COMMITTEE CONSIDERATION

On May 26, 2005, the Subcommittee on Africa, Global Human 

Rights and International Operations marked up the bill, H.R. 2601, 

The Foreign Relations Authorization Act, Fiscal Years 2006 and 

2007, pursuant to notice, in open session. The following action took 

place during the Subcommittee markup: 

1. TANCREDO amendment—Sense of Congress relating to 

U.S. relations with Taiwan—AGREED to by voice vote 

2. TANCREDO amendment—Certification of Mexican cooperation regarding extradition—WITHDRAWN 

3. LEE amendment—Report on Department of State business 

contracting—AGREED to by voice vote 

4. FLAKE amendment—Regarding funds for activities relating to Cuba—DEFEATED by a record vote of 5–8 

Voting YES: Flake, Payne, Lee, McCollum and Meeks 

Voting NO: Smith, Royce, Tancredo, Green, Boozman, 

Fortenberry, Sherman and Watson 

5. FORTENBERRY En bloc: 

Part 1: Benjamin A. Gilman international scholarship 

program 

Part 2: Translation of reports of the Department of State 

En bloc AGREED to by voice vote 

6. MCCOLLUM amendment—Reports on child marriage— 

AGREED to by voice vote 

7. SHERMAN En bloc: 

Part 1: Support for pro-democracy and human rights organizations 

Part 2: Sense of Congress relating to nuclear proliferation and A.Q. Khan 

(version of this portion of en bloc included Lee-suggested clarification language on page 3, line 10) 

En bloc AGREED to by voice vote 

8. SHERMAN amendment—Regarding Palestinian Authority 

textbooks 

9. LEE amendment to the SHERMAN amendment (#8)— 

Clarification on page 2, line 9 regarding continued support 

of the educational programs of the Palestinian Authority 

The Lee amendment was AGREED to by voice vote 

The Sherman amendment, as amended by the Lee 

amendment, was AGREED to by voice vote 

10. SHERMAN amendment—Regarding civil service positions 

at the Department of State and USAID—WITHDRAWN 

H.R. 2601, as amended, was reported favorably for consideration 

by the Full Committee. 

94 

On June 8 and June 9, 2005, the Full Committee marked up the 

bill, H.R. 2601, pursuant to notice, in open session. The Committee 

agreed to a motion to favorably report the bill, as amended, by a 

record vote of 44 ayes to 0 nays. The following action took place 

during the markup: 

Wednesday, June 8, 2005: 

1. Smith (NJ) Amendment in the Nature of a Substitute— 

Unanimous Consent that this amendment be considered 

base text—there was no objection. 

2. Smith (NJ) en bloc amendment—35 perfecting amendments 

to the base text (amendment #1)—Unanimous Consent to 

agree to the en bloc—there was no objection. 

Amendments in the En Bloc: 

1. Berkley Amendment 19—Disenfranchisement of Women 

2. Berkley Amendment 22—Terrorist Financing (Amendment 

to an Amendment—Strike and Add) 

3. Blumenauer Amendment 38—Disaster Mitigation Efforts 

4. Brown Amendment 36—Amend AIT 

5. Crowley Amendment 13—Poland 

6. Crowley Amendment 17—Israel Dip Relations 

7. Crowley Amendment 20—Irish Child 

8. Delahunt Amendment 8—Tax Enforcement in Colombia 

9. Engel Amendment 47—U.S. office in Kosovo 

10. Engel Amendment 50—Cocoa Children 

11. Faleomavaega Amendment 25—Democracy and Weapons 

in Pakistan 

12. Hyde Amendment 651—Palestinian Authority 

13. Hyde Amendment 652—International Atomic Energy 

Agency 

14. Hyde Amendment 656—technical—$3 million 

15. Hyde Amendment 657—Insert Israel Refugee Asst. 

16. Lantos Amendment 1—Education and training needs 

‘‘Strike and Add’’ 

17. Lantos Amendment 2—Advance Democracy Act 

18. Lantos Amendment 34—Section 660 

19. Lantos Amendment 35—Police Reporting 

20. Lantos Amendment 65—Sovereignty in Lebanon 

21. Lantos Amendment 66—Iraqi Kurds 

22. Lantos Amendment 67—OPIC 

23. Lantos Amendment 676—Nuclear Black Market 

24. McCaul Amendment 2—FTO Latin America 

25. Rohrabacher Amendment—Regarding Tibet 

26. Schiff Amendment 40—Proliferation Security 

27. Schiff Amendment 41—Scientist from FSU 

28. Schiff Amendment 43—Security of nuclear weapons and 

materials 

29. Smith Amendment 53—Refugee Warehousing 

95 

30. Smith Amendment—Vietnam Section 804 language 

31. Smith Amendment—Irish 

32. Tancredo Amendment 35—Mexico Extraditions 

33. Tancredo Amendment 37—ICC 

34. Watson Amendment 12—DOS HR Policies 

35. Wexler Amendment—al-Manar 

36. Delahunt amendment—report on the actions of the 661 

Committee—WITHDRAWN 

37. Poe amendment regarding Burma—WITHDRAWN 

38. Ackerman amendment—Pakistan Proliferation Accountability Act—defeated 14–28 

39. Lee amendment—Sense of Congress to withdraw troops 

from Iraq—defeated 12–33 

40. Lee amendment—Policy Regarding United States Military 

Policy in Iraq—defeated 15–29 

41. Issa amendment—Egypt ESF—defeated 14–29 

42. Smith en bloc amendment—2 items in en bloc—passed by 

U.C. 

—on behalf of Hyde (Authorization for Additional License and Compliance Officers) and Flake (Activities Related to Cuba) 

—Unanimous Consent motion to agree to the en bloc. 

There was no objection. 

43. Delahunt amendment—Report on Actions of the 661 Committee—passed by voice vote 

—amendment similar to earlier amendment offered and 

withdrawn—this amendment was a revised version 

44. Leach amendment—U.S. rejoin the IPU—defeated 18–21 

45. Burton amendment—Assistance for Demobilization and 

Disarmament of Former Irregular Combatants in Colombia—passed by voice vote 

46. Crowley amendment—Obstetric Fistula—passed by voice 

vote 

47. Rohrabacher amendment—Sense of Congress Regarding 

Property Expropriated by the Government of Ethiopia— 

passed by U.C. 

48. Issa amendment en bloc—3 items regarding Egypt— 

WITHDRAWN 

49. Smith technical amendment—passed by U.C. 

Thursday, June 9, 2005—continuation of markup of H.R. 2601 

1. Lee amendment—Haiti—passed by U.C. 

2. Crowley amendment—Sense of Congress Regarding Stability and Security in Iraq—passed 32–9 

—this amendment first was agreed to by Unanimous 

Consent; Mr. Crowley later asked Unanimous Consent to 

have a record vote on the amendment. 

3. Lee amendment—Assistance to Promote Economic and Social Development in Colombia—defeated 20–22 

(SMITH amendment in the nature of a substitute, as 

amended, was agreed to by voice vote) 

96 

Motion to report H.R. 2601 favorably, as amended—passed 44– 

0. 

VOTES OF THE COMMITTEE

Clause (3)(b) of rule XIII of the Rules of the House of Representatives requires that the results of each record vote on an amendment or motion to report, together with the names of those voting 

for or against, be printed in the Committee report. The following 

record votes occurred during consideration of H.R. 2601: 

Vote #1—Ackerman amendment—Pakistan Proliferation Accountability Act—defeated 14–28 

Voting YES: Rohrabacher, Ackerman, Payne, Sherman, Wexler, 

Engel, Delahunt, Meeks, Lee, Crowley, Blumenauer, Schiff, 

Watson and McCollum 

Voting NO: Smith (NJ), Burton, Gallegly, Ros-Lehtinen, King, 

Chabot, Paul, Issa, Flake, Davis, Green, Weller, Pence, 

McCotter, Harris, Boozman, Barrett, Mack, Fortenberry, 

McCaul, Poe, Lantos, Faleomavaega, Berkley, Napolitano, 

Smith (WA), Chandler and Cardoza 

Vote #2—Lee amendment—Sense of Congress to withdraw troops 

from Iraq—defeated 12–33 

Voting YES: Leach, Paul, Payne, Sherman, Wexler, Delahunt, 

Meeks, Lee, Blumenauer, Watson, Smith (WA) and McCollum 

Voting NO: Smith (NJ), Burton, Gallegly, Ros-Lehtinen, Rohrabacher, Royce, King, Chabot, Issa, Flake, Davis, Green, 

Weller, Pence, McCotter, Harris, Wilson, Boozman, Barrett, 

Mack, Fortenberry, McCaul, Poe, Lantos, Ackerman, 

Faleomavaega, Engel, Crowley, Berkley, Napolitano, Schiff, 

Chandler and Cardoza 

Vote #3—Lee amendment—Policy Regarding United States Military 

Policy in Iraq—defeated 15–29 

Voting YES: Leach, Rohrabacher, Paul, Payne, Sherman, Wexler, 

Delahunt, Meeks, Lee, Blumenauer, Napolitano, Watson, 

Smith (WA), McCollum and Cardoza 

Voting NO: Smith (NJ), Burton, Gallegly, Ros-Lehtinen, Royce, 

King, Chabot, Issa, Flake, Davis, Green, Weller, Pence, 

McCotter, Harris, Wilson, Boozman, Barrett, Mack, 

Fortenberry, McCaul, Poe, Lantos, Ackerman, Engel, Crowley, 

Berkley, Schiff and Chandler 

Vote #4—Issa amendment—Egypt ESF—defeated 14–29 

Voting YES: Rohrabacher, King, Chabot, Issa, Davis, McCotter, 

Wilson, Boozman, Mack, Poe, Wexler, Lee, Watson and McCollum 

Voting NO: Leach, Smith (NJ), Burton, Gallegly, Ros-Lehtinen, 

Royce, Paul, Flake, Green, Weller, Pence, Harris, Barrett, 

Fortenberry, McCaul, Lantos, Ackerman, Payne, Sherman, 

Engel, Delahunt, Crowley, Blumenauer, Berkley, Napolitano, 

Schiff, Smith (WA), Chandler and Cardoza 

97 

Vote #5—Leach amendment—U.S. rejoin the IPU—defeated 18–21 

Voting YES: Weller, Lantos, Ackerman, Faleomavaega, Payne, 

Sherman, Wexler, Delahunt, Lee, Crowley, Blumenauer, Berkley, Napolitano, Schiff, Watson, Smith (WA), Chandler and 

Cardoza 

Voting NO: Smith (NJ), Gallegly, Ros-Lehtinen, Rohrabacher, 

Royce, King, Chabot, Paul, Issa, Flake, Davis, Green, Pence, 

McCotter, Harris, Boozman, Barrett, Mack, Fortenberry, 

McCaul and Poe 

Vote #6—Crowley amendment—Sense of Congress Regarding Stability and Security in Iraq—passed 32–9 

Voting YES: Hyde, Smith (NJ), Royce, Chabot, Tancredo, Flake, 

Green, Harris, Wilson, Barrett, Mack, Fortenberry, McCaul, 

Lantos, Berman, Ackerman, Faleomavaega, Payne, Sherman, 

Engel, Delahunt, Meeks, Crowley, Blumenauer, Berkley, 

Napolitano, Schiff, Watson, Smith (WA), McCollum, Chandler 

and Cardoza 

Voting NO: Burton, Gallegly, Ros-Lehtinen, King, Davis, Weller, 

McCotter, Boozman, and Lee 

Vote #7—Lee amendment—Assistance to Promote Economic and Social Development in Colombia—defeated 20–22 

Voting YES: Lantos, Berman, Ackerman, Faleomavaega, Payne, 

Sherman, Engel, Delahunt, Meeks, Lee, Crowley, Blumenauer, 

Berkley, Napolitano, Schiff, Watson, Smith (WA), McCollum, 

Chandler and Cardoza 

Voting NO: Hyde, Smith (NJ), Burton, Gallegly, Ros-Lehtinen, 

Rohrabacher, Royce, King, Chabot, Tancredo, Flake, Davis, 

Green, Weller, McCotter, Harris, Wilson, Boozman, Barrett, 

Mack, Fortenberry and McCaul 

Vote #8—Motion to report H.R. 2601 favorably, as amended— 

passed 44–0 

Voting YES: Hyde, Smith (NJ), Burton, Gallegly, Ros-Lehtinen, 

Rohrabacher, Royce, King, Chabot, Tancredo, Issa, Flake, 

Davis, Green, Weller, McCotter, Harris, Wilson, Boozman, Barrett, Mack, Fortenberry, McCaul, Lantos, Berman, Ackerman, 

Faleomavaega, Payne, Sherman, Wexler, Engel, Delahunt, 

Meeks, Lee, Crowley, Blumenauer, Berkley, Napolitano, Schiff, 

Watson, Smith (WA), McCollum, Chandler and Cardoza 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of House Rule XIII is inapplicable because this legislation does not provide new budgetary authority or increased tax 

expenditures. 

98 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 2601, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 1, 2005. 

Hon. HENRY J. HYDE, Chairman, 

Committee on International Relations, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2601, the Foreign Relations Authorization Act, Fiscal Years 2006 and 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Sunita D’Monte, who can 

be reached at 226–2840. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN. Enclosure 

cc: Honorable Tom Lantos 

Ranking Member 

H.R. 2601—Foreign Relations Authorization Act, Fiscal Years 2006 

and 2007. 

SUMMARY

H.R. 2601 would specifically authorize appropriations totaling $10.8 billion in 2006 and $10 billion in 2007 for the Department 

of State, international broadcasting activities, international assistance programs, and related agencies. The bill also contains several 

indefinite authorizations and provisions that would raise the cost 

of discretionary programs for contributions to international peacekeeping, public diplomacy, personnel, and other programs over the 

2006–2010 period. CBO estimates that those indefinite authorizations and provisions would require appropriations of almost $1.9 

billion over the 2006–2010 period. In addition, the legislation would 

authorize the spending of additional funds totaling almost $0.5 billion for several international assistance programs. In total, CBO 

estimates that implementing the bill would cost about $22.3 billion 

over the 2006–2010 period, assuming the appropriation of the necessary amounts. 

The bill contains provisions that would both increase and decrease direct spending, primarily from the reappropriation of funds 

that would be made available in the State Department’s Buying 

Power Maintenance Account and from the sale of naval vessels. We 

estimate that enacting H.R. 2601 would increase direct spending by 

$7 million in 2006 and $56 million over the 2006–2015 period. 

Those totals include estimated receipts for asset sales of $32 million over the 2006–2007 period. (Asset sale receipts are a credit 

against direct spending.) Finally, CBO estimates the bill would increase governmental receipts (i.e., revenues) by an insignificant 

99 

amount each year by creating new criminal penalties related to 

protective functions of State Department special agents. 

H.R. 2601 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 H.R. 2601 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), 750 (administration of justice), and 800 (general 

government). 

TABLE 1. BUDGETARY IMPACT OF H.R. 2601, THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 

2006 AND 2007 

By Fiscal Year, in Millions of Dollars 

2005 2006 2007 2008 2009 2010 

SPENDING SUBJECT TO APPROPRIATION 

Spending Under Current Law for State Department, 

International Assistance Programs, and Related Agencies 

Estimated Authorization Level 1 19,418 0 0 0 0 0 

Estimated Outlays 20,011 8,762 3,936 2,183 988 431 

Proposed Changes 

Estimated Authorization Level 0 11,209 11,507 145 146 151 

Estimated Outlays 0 7,080 9,606 3,224 1,376 972 

Spending Under H.R. 2601 for State Department, 

International Assistance Programs, and Related Agencies 

Estimated Authorization Level 1 19,418 11,209 11,507 145 146 151 

Estimated Outlays 20,011 15,842 13,542 5,407 2,364 1,403 

CHANGES IN DIRECT SPENDING (EXCLUDING ASSET SALES) 2

Estimated Budget Authority 0 81 21 21 21 21 

Estimated Outlays 0 33 14 11 11 11 

ASSET SALES 

Estimated Budget Authority 0 –26 –6 0 0 0 

Estimated Outlays 0 –26 –6 0 0 0 

CHANGES IN REVENUES 

Criminal Penalties for Interference with State 

Department Special Agents 

Estimated Revenues 0 * * * * * 

NOTE: * = Less than $500,000. 

1 The 2005 level is the amount appropriated for that year for the State Department, International Assistance programs, 

and Related Agencies. 2 These amounts do not include costs for section 205 of the bill because CBO cannot estimate the timing or amount of 

increase in surcharges for passport and immigrant visas. 

BASIS OF ESTIMATE

Most of the bill’s budgetary impact would stem from authorizations for the Department of State, international broadcasting activities, international assistance, and related agencies. The bill also 

includes ‘‘earmarks’’ for programs and activities for which funds 

have not otherwise been authorized or appropriated. In this estimate, such earmarks are treated as new authorizations and their 

budgetary impact is included with spending subject to appropriation. The bill also contains provisions that would both increase and 

100 

decrease direct spending, primarily from the reappropriation of 

funds that would be made available in the State Department’s Buying Power Maintenance Account and from the sale of naval vessels. 

Finally, a provision that would create new criminal penalties would 

affect governmental receipts. 

For this estimate, CBO assumes that this legislation will be enacted near the start of fiscal year 2006, that the specified and estimated authorization amounts will be appropriated near the start of 

each fiscal year, and that outlays will follow historical spending 

patterns for existing and similar programs. 

Spending Subject to Appropriation 

The bill contains provisions that would affect costs for personnel, 

contributions to international organizations, foreign assistance, and 

other programs. H.R. 2601 would authorize appropriations at the 

specified level of $10.8 billion in 2006 and $10 billion in 2007. The 

bill also would authorize such sums as may be necessary over the 

2006–2010 period for several other programs, and would also earmark spending of funds not specifically authorized elsewhere in the 

bill for additional spending in 2006 and 2007. CBO estimates that 

combined those provisions would authorize additional appropriations of about $430 million in 2006 and $2.4 billion over the 2006– 

2010 period. In total, CBO estimates that the bill would authorize 

the appropriation of about $11.2 billion in 2006 and $23.2 billion 

over the 2007–2010 period. 

Specified Authorizations. The authorizations of appropriations 

in this bill would cover the operating expenses and programs of the 

Department of State, the Broadcasting Board of Governors (BBG), 

and related agencies, as well as a few international assistance programs. As shown in Table 2, H.R. 2601 would authorize the appropriation, over the next two years, of $16.2 billion for the State Department for programs related to the conduct of foreign affairs, 

international organizations, and other associated programs, $2.4 

billion for foreign information and exchange activities, and $2.1 billion for international assistance and other programs. 

101 

TABLE 2. SPENDING SUBJECT TO APPROPRIATION IN H.R. 2601, THE FOREIGN RELATIONS AUTHORIZATION ACT, 

FISCAL YEARS 2006 AND 2007 

By Fiscal Year, in Millions of Dollars 

2006 2007 2008 2009 2010 

SPECIFIED AUTHORIZATIONS 

Conduct of Foreign Affairs 

Authorization Level 8,529 7,690 0 0 0 

Estimated Outlays 5,332 6,760 1,620 1,021 723 

Foreign Information and Exchange Activities 

Authorization Level 1,203 1,223 2 2 2 

Estimated Outlays 827 1,144 359 69 25 

International Assistance and Other Programs 

Authorization Level 1,046 1,071 3 3 3 

Estimated Outlays 726 1,027 319 32 20 

Subtotal, Specified Authorizations 

Authorization Level 10,778 9,984 5 5 5 

Estimated Outlays 6,885 8,931 2,298 1,122 768 

ESTIMATED AUTHORIZATIONS 

Earmarks of Funds Not Specifically Authorized 

Estimated Authorization Level 226 225 0 0 0 

Estimated Outlays 51 127 116 67 44 

Assessed Contributions to International Organizations and Peacekeeping 

Estimated Authorization Level 92 1,060 0 0 0 

Estimated Outlays 90 420 631 0 0 

Personnel Benefits 

Estimated Authorization Level 45 82 122 125 129 

Estimated Outlays 36 72 111 120 125 

ADVANCE Democracy Act of 2005 

Estimated Authorization Level 53 63 3 1 1 

Estimated Outlays 13 34 32 17 12 

Office Building for American Institute in Taiwan 

Estimated Authorization Level 0 78 0 0 0 

Estimated Outlays 0 12 23 35 8 

International Assistance 

Estimated Authorization Level 14 14 14 14 15 

Estimated Outlays 4 9 12 14 14 

Miscellaneous Provisions 

Estimated Authorization Level 1 1 1 1 1 

Estimated Outlays 1 1 1 1 1 

Subtotal, Estimated Authorizations 

Estimated Authorization Level 431 1,523 140 141 146 

Estimated Outlays 195 675 926 254 204 

Total Authorizations 

Estimated Authorization Level 11,209 11,507 145 146 151 

Estimated Outlays 7,080 9,606 3,224 1,376 972 

Earmarks of Funds Not Specifically Authorized. The bill 

contains several earmarks of specified and unspecified amounts for 

programs that are not otherwise authorized in the bill. For the purposes of this estimate, earmarks for programs not otherwise authorized are treated as an authorization for the specified or estimated amounts. Those programs with earmarks not otherwise authorized are the Economic Support Fund (ESF), the Foreign Military Financing Program, International Organizations and Programs, and Assistance for the Independent States of the Former 

102 

Soviet Union. The Congress provided an appropriation for each of 

those programs for 2005. In total, CBO estimates that these earmarks would total $226 million in 2006 and $225 million in 2007. 

(Those amounts do not include the earmark for the Human Rights 

and Democracy Fund discussed below under the heading ‘‘ADVANCE Democracy Act.’’) 

Economic Support Fund. CBO estimates that under the bill, earmarks for the ESF would total $203 million in 2006 and $205 million in 2007. These amounts include specific earmarks for both 

2006 and 2007 of $50 million for Afghanistan for programs related 

to elections, $20 million for a contribution to the International 

Fund for Ireland, and $12 million for Zimbabwe for assistance to 

support democracy. 

In addition, section 923 would earmark such sums as may be 

necessary for the Middle East Partnership Initiative, an ongoing 

program within the ESF, for 2006 and 2007. Based on information 

from the State Department, CBO estimates that this authorization 

level would total $120 million in 2006 and $122 million in 2007. 

Section 922 would also earmark such sums as may be necessary for 

a new program, the Inter-Arab Democratic Charter, for 2006 and 

2007. Based on the size of similar programs within the State Department, CBO estimates that this program would effectively authorize about $1 million in both 2006 and 2007. 

Assistance for the Independent States of the Former Soviet Union. CBO estimates that earmarks for this account would total $15 million in both 2006 and 2007. Section 908 would earmark $12 million 

in both 2006 and 2007 from this account for assistance to promote 

democracy in the Republic of Belarus. In addition, section 909 

would earmark such sums as may be necessary from this account 

for the Republic of Belarus and Ukraine to improve maternal and 

prenatal care to help prevent birth defects and pregnancy complications related to the cleanup of the Chernobyl disaster. Based on the 

cost of similar programs, CBO estimates that this earmark would 

total $3 million in both 2006 and 2007. 

Sustainable Development Assistance. Section 901 would earmark 

$5 million in both 2006 and 2007 for the creation of obstetric fistula centers for surgery to repair the fistulas and for activities to 

reduce the incidence of obstetric fistulas. 

International Organizations and Programs. Section 1009 would 

earmark $1.5 million from this account in 2006 for a voluntary contribution to the United Nations Children’s Fund to conduct a study 

on the worldwide incidence and prevalence of autism. 

Foreign Military Financing. Section 756 would earmark $1 million in 2006 from the Foreign Military Financing Program for the 

provision of not more than four excess coastal patrol boats to Mozambique. 

Assessed Contributions to International Organizations 

and Peacekeeping. Three provisions in the bill contain indefinite 

authorizations affecting the United States’ assessed contributions 

to international organizations and peacekeeping. In total, CBO estimates the following provisions would cost $90 million in 2006 and 

$1.1 billion over the 2006–2010 period, assuming appropriation of 

the necessary amounts. 

Assessed Contributions to International Peacekeeping. Section 102 

would authorize the appropriation of such sums as may be necVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00102 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
103 

essary in 2007 for contributions to international peacekeeping. 

CBO estimates this provision would require additional appropriations of $1.05 billion in 2007 (the specific authorization for 2006 of 

$1.04 billion, adjusted for inflation). 

Assessed Contributions to the International Atomic Energy Agency 

(IAEA). Section 403 would authorize the appropriation of such 

sums as may be necessary to permit the State Department to pay 

the United States assessed contributions to the IAEA in a timely 

fashion. Under current law, these contributions are due near the 

start of the calendar year, but are usually appropriated and remitted to the IAEA after the start of the fiscal year—a delay of at 

least nine months. Based on information from the department, 

CBO estimates the bill would authorize the appropriation of $84 

million in 2006, thereby allowing the department to pay both calendar year 2005 and calendar year 2006 assessments in fiscal year 

2006. 

Currency Fluctuations. Section 102 would authorize the appropriation of such sums as may be necessary in 2006 and 2007 to 

compensate for adverse fluctuations in exchange rates that might 

affect contributions to international organizations. Any funds appropriated for this purpose would be obligated and expended subject to certification by the Office of Management and Budget. CBO 

estimates that the dollar will decline roughly 2 percent in 2006 and 

that the Department of State would require an additional $8 million that year to fully pay assessed contributions to international 

organizations. Currency fluctuations over the longer term are extremely difficult to project, and they could result in spending either 

more or less than the amounts specifically authorized in the bill for 

contributions to international organizations and programs. Therefore, this estimate assumes no additional spending for currency 

fluctuations in 2007. 

Personnel Benefits. The bill contains several provisions that 

would provide benefits to State Department personnel and would 

increase costs by $36 million in 2006 and about $465 million over 

the 2006–2010 period, assuming the appropriation of the necessary 

funds. 

Locality-based Pay Adjustments. Section 305 would amend current law to allow the department to increase pay for Foreign Service officers posted overseas to compensate for the loss of locality 

pay. Based on information from the department, CBO estimates 

such locality-based pay adjustments would cost about $28 million 

in 2006, $63 million in 2007, and an average of $110 million a year 

over the 2008–2010 period, assuming the appropriation of the necessary funds. 

Hardship and Danger-Pay Allowances. Section 303 would increase the cap on hardship allowances and danger-pay allowances 

from 25 percent to 35 percent of basic pay for employees serving 

overseas. Based on information from the Department of State, CBO 

estimates implementing this section would cost about $6 million a 

year, assuming the appropriation of the necessary funds. 

Educational Expenses of Dependent Children. Section 301 would 

authorize payments for certain educational expenses of dependent 

children of Foreign Service employees posted overseas. Section 506 

would allow the BBG to pay for the educational expenses of certain 

dependents of employees in the Commonwealth of the Northern 

104 

Mariana Islands. Based on information from the Department of 

State and the BBG, CBO estimates implementing these provisions 

would cost about $3 million annually, assuming the appropriation 

of the necessary funds. 

Death Gratuity. Section 310 would amend current law to allow 

the State Department to pay a minimum gratuity of $100,000 to 

the surviving dependents of any Foreign Service employee who dies 

as a result of injuries sustained in the performance of duty abroad. 

According to information from the department, no gratuities had 

been paid for several years before 2005, and only 2 gratuities have 

been paid so far in 2005. Based on this information and assuming 

that these trends continue, CBO estimates implementing this provision would cost about less than $500,000 a year, assuming the 

availability of appropriated funds. 

ADVANCE Democracy Act. Title VI would authorize the Secretary of State to expand or create new programs to promote democracy and human rights overseas. Specifically, it would earmark 

$50 million in 2006 and $60 million in 2007 for the Human Rights 

and Democracy Fund, an existing program within the Economic 

Support Fund. Because H.R. 2601 would not specifically authorize 

appropriations for the ESF, this estimate treats this earmark as a 

new authorization of appropriations. 

In addition, the title contains several other provisions, listed 

below, that contain both specific and indefinite authorizations. 

Based on information from the State Department, CBO estimates 

that these provisions would authorize the appropriation of an additional $3 million a year in 2006 and 2007. Thus, CBO estimates 

that the total authorizations of appropriations in the ADVANCE 

Democracy Act would be $53 million in 2006, $63 million in 2007, 

and about $120 million over the 2006–2010 period. 

Among the many requirements of Title VI, it would: 

• Establish a new office with the Department of State to promote the transition of nondemocratic and partly democratic 

countries to democracy, 

• Authorize a pilot program to establish two regional ‘‘Democracy Hubs’’ at United States missions overseas, 

• Require an annual report listing and describing countries 

that are deemed to be nondemocratic or in transition to democracy, 

• Require the department to convene a working group to review progress in promoting democracy, 

• Establish a Democracy Promotion and Human Rights Advisory Board to review and recommend strategies for promoting democracy and human rights, and to prepare a study 

on United States’ democracy assistance, 

• Establish a Web site for global democracy and human rights, 

• Require training for Foreign Service officers in promoting democracy, and 

• Establish an International Center for Democratic Transitions. 

Office Building for American Institute in Taiwan (AIT). 

Section 215 would amend current law to authorize such sums as 

may be necessary for the construction of a new office building for 

105 

the AIT in Taipei, Taiwan. Public Law 106–212 authorized the appropriation of $75 million for the facility without fiscal year limitation. According to the Department of State, the projected cost of the 

building is now $153 million, and roughly $20 million has been 

spent on site acquisition and design. CBO estimates a net increase 

in authorization of $78 million and assumes that construction 

would begin in 2007 and end in 2010. 

International Assistance. The bill contains provisions that 

would add new purposes for which international assistance programs could be used and thus would provide an implicit authorization for these new purposes. In total, CBO estimates that these authorizations would total $14 million in 2006 and about $70 million 

over the 2006–2010 period. 

International Disaster and Famine Assistance. Section 907 would 

allow assistance for disaster preparedness to include activities that 

would mitigate the effects of natural disasters. Such activities 

would include assisting communities to build in safer locations, 

construct sturdier dwellings, and enforce sound building codes and 

practices. Based on similar efforts for famine relief, CBO estimates 

that this provision would authorize about $10 million a year for 

these activities. After adjusting for annual inflation and the normal 

spending patterns for this account, CBO estimates that implementing this provision would cost $3 million in 2006 and $39 million over the 2006–2010 period, assuming appropriation of the estimated amounts. 

Economic Support Fund. Section 931 would allow grants to prodemocracy groups or human rights organizations in countries that 

the State Department has determined support terrorism. Under 

current law, groups operating in those countries are not allowed to 

receive such funds. Based on the size of similar programs for promoting democracy operated out of the ESF, CBO estimates that 

this provision would authorize about $4 million a year for these 

grants. After adjusting for annual inflation and the normal spending patterns for this account, CBO estimates that implementing 

this provision would cost about $1 million in 2006 and $14 million 

over the 2006–2010 period, assuming appropriation of the estimated amounts. 

Sustainable Development Assistance. Section 910 would authorize 

the President to provide assistance to foreign countries to address 

non-infectious diseases, such as heart disease. Based on information from the State Department, CBO does not expect the President to use this authority. 

Miscellaneous Provisions. H.R. 2601 also contains several provisions that CBO estimates would have an insignificant individual 

impact on spending subject to appropriation, but in total would increase spending by $1 million a year, assuming the availability of 

appropriated funds. 

• Section 317 would establish a new office at the State Department to encourage foreign countries to develop a culture of 

lawfulness. Information from the department indicates the 

office would have a staff of three people. 

• Section 401 would authorize U.S. participation in the Regional Emerging Disease Intervention Center in Singapore. 

106 

• The bill includes numerous provisions that would expand or 

introduce new reporting requirements and other provisions 

that would eliminate or consolidate existing reporting requirements. 

Direct Spending 

The bill contains provisions that would both increase and decrease direct spending, primarily from the reappropriation of funds 

that would be made available in the State Department’s Buying 

Power Maintenance Account and from the sale of naval vessels. We 

estimate that enacting H.R. 2601 would increase direct spending by 

$7 million in 2006 and $56 million over the 2006–2015 period (see 

Table 3). Those totals include estimated receipts for asset sales of 

$32 million over the 2006–2007 period. (Asset sale receipts are a 

credit against direct spending.) 

Buying Power Maintenance Account. The State Department 

may maintain an approved level of program activity in the face of 

currency fluctuations through a Buying Power Maintenance Account. Under current law, the Secretary of State may transfer any 

current funds in excess of needs that result from an increase in the 

purchasing power of the dollar from accounts under ‘‘Administration of Foreign Affairs’’ to the Buying Power Maintenance Account. 

The funds in the account are available for transfer back to those 

accounts only to offset future adverse fluctuations in exchange 

rates or overseas wage or price levels. The Secretary may also 

transfer unavailable balances into the Buying Power Maintenance 

Account, but only to the extent and in such amounts as specifically 

provided in advance in appropriation acts. No appropriation act has 

ever provided that authority. Section 204 of the bill would strike 

the requirement for appropriation action, thus allowing the Secretary to transfer lapsed funds into the Buying Power Maintenance 

Account and making them available to offset future adverse currency fluctuations. 

107 

TABLE 3. ESTIMATED DIRECT SPENDING IN THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2006 

AND 2007 

By fiscal year, in Millions of Dollars 

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 

CHANGES IN DIRECT SPENDING (EXCLUDING ASSET SALES) 1

Buying Power Maintenance Account 80 20 20 20 20 0 0 0 0 0 

Estimated Budget Authority 32 13 10 10 10 2 * * 0 0 

Estimated Outlays 

Medical Reimbursements 

Estimated Budget Authority 1 1 1 1 1 1 1 1 1 1 

Estimated Outlays 1 1 1 1 1 1 1 1 1 1 

Subtotal 

Estimated Budget Authority 81 21 21 21 21 1 1 1 1 1 

Estimated Outlays 33 14 11 11 11 3 1 1 1 1 

ASSET SALES 

Estimated Budget Authority –26 –6 0 0 0 0 0 0 0 0 

Estimated Outlays –26 –6 0 0 0 0 0 0 0 0 

TOTAL CHANGES IN DIRECT SPENDING 

Estimated Budget Authority 55 15 21 21 21 1 1 1 1 1 

Estimated Outlays 7 8 11 11 11 3 1 1 1 1 

NOTE: * = less than $500,000. 

1 These amounts do not include costs for section 205 of the bill because CBO cannot estimate the timing or amount of 

increase in surcharges for passport and immigrant visas. 

According to the Treasury Combined Statement on Receipts, Outlays, and Balances, 2004, the Department of State had $80 million 

in unobligated, unavailable balances in various accounts in the Administration of Foreign Affairs Bureau at the start of 2005. Under 

the bill, such balances could be transferred into the Buying Power 

Maintenance account upon enactment and made available to meet 

adverse exchange-rate fluctuations. In addition, CBO estimates approximately 0.5 percent of obligated balances, or about $20 million, 

would be deobligated each year and reappropriated under the bill. 

Because we estimate the dollar will decline in value over the next 

year, we estimate that about half of the funds would be transferred 

out of the Buying Power Maintenance Account and spent. In total, 

we estimate direct spending of about $80 million over the 2006– 

2015 period. 

Medical Reimbursements. Section 203 would provide the State 

Department greater flexibility in retaining reimbursements for 

funding medical care provided to employees and eligible family 

members overseas. Based on information from the department, 

CBO estimates that it would collect and spend between $500,000 

and $1 million a year. 

Surcharges on Passport and Visa Fees. Section 205 would 

authorize the Secretary of State to administratively increase the 

dollar amount of certain surcharges on passport and immigrant 

visa fees. Under current law, the department charges a $12 surcharge on passport fees and a $45 surcharge on immigrant visa 

fees, and retains the proceeds for spending related to border security. The department has no current plans to raise these surcharges, and CBO has no basis for estimating when or in what 

amount changes might be made. (Neither the collection nor the 

spending of these surcharges is subject to appropriation, thus any 

108 

increase in collections and spending would constitute direct spending.) 

International Litigation Fund. Section 202 would allow the 

State Department’s International Litigation Fund to retain awards 

of costs and attorneys’ fees that result from a decision by an international tribunal. Based on information from the department, CBO 

estimates that the Department of State would collect and spend 

less than $500,000 a year under this provision. 

Asset Sales 

Section 751 would authorize the transfer of eight naval vessels 

to foreign countries: five by grant and three by sale. Based on information from the Navy regarding the value of these ships and recent experience with actual sales and grants, CBO estimates the 

sales would increase offsetting receipts by $32 million over the 

2006–2007 period. 

Revenues 

Section 201 would raise governmental receipts (revenues) by establishing new criminal penalties that would be assessed against 

persons interfering with the protective functions of State Department special agents. 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. 

INTERGOVERNMENTAL AND PRIVATE–SECTOR IMPACT

H.R. 2601 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 ESTIMATE

On March 18, 2005, CBO transmitted a cost estimate for S. 600, 

the Foreign Affairs Authorization Act, Fiscal Years 2006 and 2007, 

as ordered reported by the Senate Committee on Foreign Relations 

on March 10, 2005. Several sections of the two bills are identical 

or similar and would have similar estimated costs. S. 600 would 

authorize the appropriation of specific amounts that match the 

President’s request for 2006 and such sums as may be necessary 

for 2007. In addition, S. 600 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—while the scope of H.R. 2601 is somewhat more-limited. S. 

600 would not authorize the sale or grant of naval vessels, as the 

House bill would do. Other differences in the cost estimates reflect 

differences in the two bills. 

PERFORMANCE GOALS AND OBJECTIVES

The goals and objectives of this legislation are to provide authorization for the activities of the State Department and related agencies for fiscal years 2006 and 2007. 

109 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I, section 8, of the Constitution. 

NEW ADVISORY COMMITTEES

H.R. 2601 does not establish or authorize any new advisory committees. 

CONGRESSIONAL ACCOUNTABILITY ACT

H.R. 2601 does not apply to the legislative branch. 

SECTION-BY-SECTION ANALYSIS

FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2006–2007

TITLE I. AUTHORIZATIONS OF APPROPRIATIONS 

Section 101. Administration of Foreign Affairs. 

This section authorizes appropriations under the heading ‘‘Administration of Foreign Affairs’’ for fiscal years 2006 and 2007. It 

includes funds for executive direction and policy formulation, conduct of diplomatic relations with foreign governments and international organizations, effective implementation of consular programs and its border security component, the acquisition and maintenance of office space and living quarters for the United States 

missions abroad, provision of security for those operations, and information resource management. 

In particular, this section provides authorization of appropriations for the necessary expenses of the Department of State and 

the Foreign Service. These expenses include an authorization of appropriations for worldwide security upgrades, U.S. public diplomacy programs, the capital investment program, representation expenses, protection of foreign missions and officials, emergencies in 

the diplomatic and consular service, repatriation loans, and payment to the American Institute in Taiwan. 

Changes from the Administration’s request include: $20 million 

for the State Department’s Bureau of Democracy, Human Rights 

and Labor; funds for Anti-Semitism and Religious Freedom programs in the OSCE ($225,000 and $205,000, respectively); Rangel 

Fellows program for minorities at the State Department, $1.5 million; and $3 million each of fiscal years 2006 and 2007 for minority 

recruitment. 

Section 101(1). Diplomatic and Consular Programs. 

Public Diplomacy. This subsection authorizes $333,863,000 for 

fiscal year 2006 for public diplomacy activities carried out under 

the Diplomatic and Consular Programs account. The Committee 

recognizes the importance of a broad public diplomacy program and 

therefore continues to specifically authorize funds for these activities. There has been an increasing amount of resources spent on 

public diplomacy and the Committee strongly urges the Secretary 

of State to implement a system of program evaluation and measurement so that managers can determine, based on quantifiable 

evidence, what is most effective in any given region. The ComVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00109 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
110 

mittee also strongly recommends closer coordination of U.S. foreign 

policy objectives and public diplomacy programs. In particular, the 

Department should improve such coordination between the regional 

bureaus and the Bureau of Educational and Cultural Exchange. 

Diversity in the Foreign Service. The Committee continues to believe that the Department, while having made progress, needs to 

continue to increase its efforts to reach out to minority groups in 

the recruitment process. The Institute for Foreign Service and Diplomacy (IFSD) at Kean University in New Jersey is an example 

of an academic initiative that seeks to increase the number of Hispanics and other underrepresented population groups entering careers in Foreign Service and diplomacy. The IFSD offers its students traditional coursework in international affairs along with a 

generous package of related seminars and internships. The increase in funding for minority recruitment should support initiatives such as IFSD, whose goals are directly in line with the stated 

goals of the U.S. Department of State regarding the recruitment 

and employment of underrepresented groups in the Foreign Service. The IFSD and other similar programs accomplish these goals 

through a combination of academic classes, related educational internships and foreign language programs, seminars, lectures and 

overseas activities. Ultimately, these programs provide students 

with the tools they need to become successful Foreign Service Officers, thereby contributing to improving the Department of State’s 

ability to accurately represent America’s diversity abroad. 

Section 101(E) and (F) Anti-Semitism and Religious Freedom. 

Congress commends the Organization for Security and Cooperation 

in Europe’s Office of Democratic Institutions and Human Rights 

(ODIHR) for fulfilling its Berlin taskings, but also regrets the lack 

of implementation by many OSCE participating States of their 

commitments to track and report on anti-Semitic crimes and hate 

crimes. Congress also commends the developers of the OSCE/ 

ODIHR Law Enforcement Officers Hate Crimes Training Program 

and urges its utilization as a valuable resource. Subparagraph (E) 

authorizes $225,000 for fiscal year 2006 for targeted projects 

through ODIHR, regarding anti-Semitism and intolerance, training 

activities implementing the Law Enforcement Officers Hate Crimes 

Training Program, and activities of the three personal representatives of the OSCE Chair-in-Office. 

Congress recognizes that religious freedom is a fundamental 

human right often violated or ignored in countries of the Organization for Security and Cooperation in Europe. In many countries, 

laws and regulations impacting religious liberty often serve to 

hinder, rather than facilitate, the ability of individuals and communities of believers to freely profess and practice their religion or belief. Subparagraph (F) authorizes $125,000 for each of fiscal years 

2006 and 2007 for activities aimed at promoting freedom of religion 

or belief through targeted projects of the Office of Democratic Institutions and Human Rights, including activities of the OSCE/ 

ODIHR Panel of Experts on Freedom of Religion or Belief providing 

technical reviews of draft or current legislation affecting religion or 

belief. 

Limitations on religious freedom are particularly acute in the 

Caucasus and Central Asia. Subparagraph F also authorizes 

$80,000 for fiscal year 2006 for OSCE Missions in Armenia, AzerVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00110 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
111 

baijan, Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, 

Turkmenistan and Uzbekistan for activities to address issues pertaining to religious freedom or belief or to fund new staff dedicated 

to monitor related developments. 

Rightsizing. The Committee urges the State Department to follow rightsizing plans for all overseas posts. The Department needs 

to be sure that authorized positions at overseas posts are actually 

needed to carry out the priorities as identified in the Mission Program Plan. There should be a cyclical review of State Department 

staffing to be sure that positions and skill sets match the specific 

needs of any given U.S. Embassy or consulate. 

Section 101(2). Capital Investment Fund. 

Subsection 101(2) authorizes $131,000,000 for each of fiscal years 

2006 and 2007 for the capital investment fund. This account supports the State Department’s information technology and communications systems initiatives. 

Section 101(3). Embassy Security, Construction and Maintenance. 

Subsection 101(3) authorizes $1,526,000,000 for fiscal year 2006 

and $1,550,000,000 for fiscal year 2007. This account is used to 

manage and maintain the Department’s real estate assets, and 

funds Embassy and other construction projects overseas. 

Capital Cost Sharing. The Committee is encouraged by the 

progress made in implementing the Capital Cost Sharing program 

and strongly believes this program must include all agencies with 

personnel stationed in U.S. embassies, although the Committee 

recognizes that the Marine Security Guard program will operate 

outside the program. 

Section 101(4). Educational and Cultural Exchange Programs. 

Subsection 101(4) authorizes $428,900,000 for fiscal year 2006 

and $438,500,000 for fiscal year 2007 for Educational and Cultural 

Exchange programs. 

South Korea. To help address declining opinions of the United 

States among young people in our longtime ally, South Korea, subsection (4)(B) authorizes $750,000 per year for the creation of summer academic study programs in the United States for Korean college and university students. The programs will focus on political 

systems, government institutions, society, and democratic culture 

in the United States. It is estimated that this modest funding will 

allow the establishment of three summer institutes, each of which 

can handle between 25 and 30 students, thus reaching between 75 

and 90 Korean student leaders per year. 

HIV/AIDS in India. Subparagraph (H) authorizes $1,000,000 in 

each of the fiscal years 2006 and 2007 for exchanges related to 

HIV/AIDS research and mitigation strategies. The Committee understands that India reports as many as 1,000 new AIDS cases per 

month, with some estimating that almost two-thirds of all HIVpositive Asians live in India. Many experts are particularly concerned that infections are moving from high-risk groups to the general population. The Committee believes that a significant program 

using these funds should be directed toward India and strongly encourages the establishment of a summer exchange program for 

112 

postgraduate students from India to attend conferences and engage 

in research activities at leading universities in the U.S. 

Urban Planners. The Committee commends the Department for 

exchange programs encompassing city and regional planners for 

the purpose of sharing best practices and innovative approaches to 

comprehensive land-use and transportation planning and urges 

that these programs be continued. 

As the world undergoes a process of massive urbanization, metropolitan areas throughout the developing world are experiencing a 

greater strain on natural resources, health and education infrastructures, and economic capacity. These areas will present planning challenges for investment in transportation and other key infrastructure systems, and coordinating these investments with 

sound land use and economic development planning. The partnership between Portland State University and China’s Ministry of 

Land and Resources can serve as a model for a city and regional 

planner exchange program. 

Center for Hemispheric Policy. The Center for Hemisphere Policy 

at the University of Miami is a unique, existing program administered through the Department of State’s Educational and Cultural 

Exchange Programs that serves governments, non-governmental 

organizations, and the private sector by providing world-class research and strategic analysis related to the U.S., the Caribbean 

and Latin America. The Committee therefore recommends current 

funding levels be provided for hemispheric policy research and strategic analysis conducted at the Center for Hemisphere Policy at the 

University of Miami. 

Section 101(5). Representation Allowances. 

Subsection 101(5) authorizes $8,281,000 for each of fiscal years 

2006 and 2007 for representation allowances. 

Section 101(6). Protection of Foreign Missions and Officials. 

Subsection 101(6) authorizes $9,390,000 for each of fiscal years 

2006 and 2007 for the protection of foreign missions and officials 

account. 

Section 101(7). Emergencies in the Diplomatic and Consular Service. 

Subsection 101(7) authorizes $12,143,000 for each of fiscal years 

2006 and 2007 for diplomatic and consular service activities. 

Section 101(8). Repatriation Loans. 

Subsection 101(8) authorizes $1,319,000 for each of fiscal years 

2006 and 2007 for repatriation loans. 

Section 101(9). Payment to the American Institute in Taiwan. 

Subsection 101(9) authorizes $19,751,000 for fiscal year 2006 and 

$20,146,020 for fiscal year 2007 for the American Institute in Taiwan. 

Section 101(10). Office of the Inspector General. 

Subsection 101(10) authorizes $29,983,000 for each of fiscal years 

2006 and 2007 for the Office of Inspector General. 

113 

Section 102. Contributions to International Organizations. 

This section authorizes funds for U.S. participation in international organizations. Subsection 102(a) authorizes $1,296,500,000 

for fiscal year 2006 and $1,322,430,000 for fiscal year 2007 to fund 

the U.S.-assessed contributions for its share of the expenses of the 

United Nations and other international organizations of which the 

United States is a member. 

Subsection 102(b) authorizes $1,035,500,000 for fiscal year 2006 

and such sums as may be necessary for fiscal year 2007 for the 

U.S.-assessed contributions for International peacekeeping missions. 

This authorization reflects the Committee’s continued commitment to United Nations peacekeeping operations and the search for 

peace and stability around the world. However, the Committee is 

deeply troubled by reports of sexual exploitation, abuse, and other 

forms of misconduct by United Nations peacekeepers serving in the 

Democratic Republic of Congo, Burundi, Liberia, Haiti, Ethiopia 

and Eritrea, and elsewhere. Such heinous crimes have done irreparable damage to the image of United Nations peacekeeping. The 

Committee expects the United Nations to undertake serious and 

far-reaching peacekeeping reforms—including the adoption and enforcement of a uniform Code of Conduct—and fully anticipates that 

these reforms will be put in place without further delay. In particular, the Committee welcomes the recent report by Prince Zeid, 

the U.N. Permanent Representative from Jordan, requested by the 

Secretary-General, and urges the implementation of the reforms 

recommended by the report. 

This section also authorizes such sums as may be necessary for 

each of the fiscal years 2006 and 2007 to offset adverse fluctuations 

in foreign currency exchange rates. 

Section 103. International Commissions. 

This section authorizes $67,172,000 for each of fiscal years 2006 

and 2007 for the International Boundary and Water CommissionU.S. and Mexico; the International Boundary Commission-U.S. and 

Canada; the International Joint Commission and the International 

Fisheries Commissions. These funds are necessary to enable the 

United States to meet its obligations as a participant in these 

international boundary commissions. 

Section 104. Migration and Refugee Assistance. 

This section authorizes $955,000,000 for fiscal year 2006 and 

$983,650,000 for fiscal year 2007 for the Migration and Refugee Assistance program. The fiscal year 2006 level is $62 million above 

the President’s fiscal year 2006 request of $893,000,000. The funding enables 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, governments, and 

bilateral assistance, as authorized by law. 

This section also makes available $40 million for refugees resettling in Israel, and $2.5 million for a pilot program to address the 

needs of long-term refugee populations. 

114 

The world’s refugee crisis persists, with more than 13 million refugees, 80 percent of whom are women in children, in desperate 

need of durable solutions. Many have been traumatized by the loss 

of their homes and the murder of their loved ones, compounded by 

the uncertainty of their precarious existence in refugee camps. Due 

to funding shortfalls to meet pressing needs, refugees often lack 

adequate food rations, medical care, and protection. The State Department’s Bureau of Population, Refugees and Migration has 

faced funding shortfalls over the last several fiscal years, and for 

fiscal year 2001, overall spending levels are significantly above the 

$774 million appropriated in fiscal year 2005 for refugee and migration assistance. It is expected the Department will spend the 

$120.4 million in fiscal year 2005 supplemental funds appropriated 

for refugees earlier this year, and that the needs identified for the 

supplemental funding will continue into fiscal year 2006. Many of 

these needs were not included in the Administration’s fiscal year 

2006 request. Areas of need include: Humanitarian assistance for 

vulnerable displaced populations in Chad and Sudan; returns in 

Burundi, the Democratic Republic of Congo, and Liberia; a higher 

annual budget for the United Nations Relief and Works Agency for 

Palestine Refugees in the Near East (UNRWA); and addressing the 

needs of Burmese refugees in East Asia. With regard to refugee admissions, the Committee strongly supports the $26 million appropriated in the supplemental to reach the 70,000 admissions goal, 

but acknowledges higher costs are involved which reflect the additional logistical and security requirements involved in admitting 

refugees to the U.S. 

As underscored by the strongly bipartisan support for the North 

Korean Human Rights Act of 2004 (P.L. 108–333), the Congress remains acutely concerned about the plight of North Korean refugees, 

and the Committee intends that funds from this account may be 

used to assist North Korean refugees, as appropriate. 

Section 105. Centers and Foundations. 

This section authorizes: $18,000,000 for each of fiscal years 2006 

and 2007 for the Asia Foundation ($8 million above the President’s 

fiscal year 2006 request); $80,000,000 for each of fiscal years 2006 

and 2007 for the National Endowment for Democracy (at the President’s request level); and $13,024,000 for each of fiscal years 2005 

and 2006 for the Center for Cultural and Technical Interchange 

Between East and West (at the President’s request level). The increased funding for the Asia Foundation is to further support its 

programs throughout Asia, including democracy in Afghanistan, 

civil society, particularly with Muslim organizations, in Indonesia, 

women’s empowerment in Pakistan, legal reform in China and 

counter-trafficking in Cambodia. 

Section 106. United States International Broadcasting Activities. 

This section authorizes a total of $661,043,000 for international 

broadcasting. This is $9.1 million above the President’s request. 

The additional $9.1 million is authorized to overcome jamming of 

Radio Free Asia in Vietnam. In addition, $5 million is authorized 

for broadcasting to Belarus for each of the fiscal years 2006 and 

2007 to increase the number of hours broadcast to that country. 

The Lukashenka regime’s extensive information blockade and total 

115 

control over state media are compelling reasons for increasing 

broadcast hours to Belarus. The Committee encourages collaboration with other governments and non-governmental organizations 

in facilitating the unhindered dissemination of information to the 

largest possible audience in Belarus. 

Subsection 106(1) authorizes $603,394,000 for fiscal year 2006 

and $621,495,820 for fiscal year 2007 International Broadcasting 

Operations. 

Subsection 106(2) authorizes $10,893,000 for each of fiscal years 

2006 and 2007 for Broadcasting Capital Improvements. 

Subsection 106(3) authorizes $37,656,000 for fiscal year 2006 and 

$29,931,000 for Broadcasting for Cuba (at the President’s request). 

The fiscal year 2006 level includes $10 million for a one-time purchase of an airborne platform for transmitting Radio and TV Marti 

to overcome jamming by the Cuban Government. The ongoing expenses for this new activity are $2 million which is reflected in the 

fiscal year 2007 authorization level. 

TITLE II. DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES 

Section 201. Consolidation of Law Enforcement Powers; New Criminal Offense. 

This section would replicate 18 U.S.C. 3056(d) for Diplomatic Security (DS) agents. Section 3056(d) of Title 18 presently provides 

for criminal penalties when an individual interferes with a Secret 

Service agent protecting a foreign dignitary, or interferes with a 

Bureau of Alcohol, Tobacco and Firearms (ATF) agent detailed to 

support the same activity. Under current law, if an individual similarly interferes with a Diplomatic Security agent or an ATF agent 

temporarily detailed in support of the DS protective mission, the 

individual is not subject to any criminal penalty. This unfairly encumbers the mission and potentially impacts the ability of the Department of State to safely escort the person under physical and 

diplomatic protection. This section would remedy this deficiency in 

the law. 

Section 202. International Litigation Fund. 

This section authorizes the State Department to replenish the existing International Litigation Fund (ILF) by retaining amounts 

awarded in international arbitrations relating to the costs of litigation where the claims are defended by the Department. Under current law, the Department can contribute to the International Litigation Fund a small percentage of any damage award obtained. 

That authorization does not apply, however, to cases where the Department defends the United States against international claims 

because, in such cases, an award favorable to the United States 

will not call for any payment on the claim, even though litigation 

costs, attorneys’ fees and expenses may be awarded to the Department if it prevails. The amendment in this section would permit 

the ILF to be replenished by such awards. 

Section 203. Retention of Medical Reimbursements. 

This section enables the State Department to retain medical insurance reimbursements in the year in which they are collected. In 

order to facilitate immediate medical treatment of its employees 

116 

abroad, the Department pays all medical fees for its employees and 

receives reimbursement from the employee’s insurer at a later 

date. However, because of the long lag time in the processing of foreign medical claims by U.S insurers, reimbursements are made 

after the fiscal year in which the Department pays medical fees. In 

such an instance, the reimbursements are credited to the previous 

fiscal year and under U.S. law cannot be obligated or expended 

(since the fiscal year is past). This provision enables the Department to retain medical insurance reimbursements in the year in 

which they are collected allowing the Department to better manage 

the reimbursements received and use them for future cases where 

the Department reimburses medical fees. The Committee expects 

that reimbursements from insurance companies will continue to be 

credited to the account which pays for employees’ medical expenses 

but under the authority of this section will now be credited to the 

account that is currently available at the time the reimbursement 

is received. 

Section 204. Buying Power Maintenance Account. 

This section amends section 24(b)(7) of the State Department 

Basic Authorities Act by striking subparagraph (D) and increasing 

the value of the Buying Power Maintenance Account. Section 24(b) 

established the Account, whereby unused funds appropriated to the 

Department may be transferred to the account when currency fluctuation causes a favorable exchange rate, resulting in excess funds. 

These funds are then used to cover shortfalls caused by a future 

decline in the value of the dollar. Subsection (b)(7) permits the 

transfer of expired, unobligated balances into the no-year Buying 

Power Maintenance Account (for example, when funds are credited 

back to the account after the end of a fiscal year), subject to compliance with congressional reprogramming requirements and a $100 

million cap. The amendment in this section eliminates a requirement which makes such transfers subject to advance appropriations, which has made the transfer authority less usable. The Committee notes that the Department of Defense has a similar authority (10 U.S.C. 2779). 

Section 205. Authority to Administratively Amend Surcharges. 

This section allows the Secretary of State to adjust fee levels for 

passports and immigrant visas administratively in keeping with 

the practice followed for other fees collected by the Department. 

Section 206. Accountability Review Boards. 

This section provides a limited exemption from the requirement 

to convene an Accountability Review Board (ARB) in incidents that 

involve serious injury, loss of life or significant destruction of property at or related to a U.S. Mission in Iraq or Afghanistan. The 

Secretary of State would have the discretion to convene an ARB or 

use alternate accountability review procedures for these two highrisk missions. In addition to providing for appropriate accountability review, affording such discretion recognizes that alternative 

procedures may be better suited to review cases at missions where 

the level of risk is higher than would normally be considered acceptable. 

117 

Section 207. Designation of Colin L. Powell Residential Plaza. 

This section authorizes the naming of the staff housing facility 

for the U.S. Embassy in Jamaica as the ‘‘Colin L. Powell Residential Plaza.’’ This provision was suggested by the State Department 

as a tribute to former Secretary Powell for his efforts on behalf of 

the foreign service and to recognize his Jamaican heritage. 

Section 208. Removal of Contracting Prohibition. 

This section repeals Section 406(c) of the Omnibus Diplomatic 

Security and Antiterrorism Act of 1986 (P.L. 99–399) which made 

persons doing business with Libya ineligible for contracts awarded 

under this act. The Department seeks relief from this prohibition 

in order to undertake near-term activities, such as refurbishing 

and maintaining the current U.S. liaison office in Tripoli. 

Section 209. Translation of Reports of the Department of State. 

This section requires that, within 30 days after the date of 

issuance by the U.S. mission in a foreign country, the Trafficking 

in Persons Report and the International Religious Freedom Report 

shall be translated into the official language of that country. In addition, the translated report must be posted on the Web site of the 

U.S. Embassy in that country. The Committee strongly believes 

that translation of the reports is critical to accomplishing the purpose of the U.S. Congress in requiring these reports. 

Section 210. Entries Within Passports. 

This section amends the law (‘‘An Act to regulate the issue and 

validity of passports, and for other purposes’’, approved July 3, 

1926 (22 U.S.C. 211a; 44 Stat. 887)), under which the Secretary of 

State is authorized to issue passports and is intended to be read 

as an essential condition of that authority. It provides that upon 

the request of a U.S. citizen or the legal guardian of a citizen born 

in the city of Jerusalem, the Secretary of State shall record the 

place of birth as Israel. 

Unlike other citizens, who if born outside the United States have 

their passports marked with the country of their birth, Americans 

born in Jerusalem, Israel, have their passports marked ‘‘Jerusalem.’’ This provision, similar to provisions of prior years’ bills, 

permits such citizens to have, on request, their passports state 

‘‘Israel’’ rather than ‘‘Jerusalem.’’ The provision clarifies that this 

requirement relates to, and is part of, the underlying provision relating to the authority of the Secretary to issue passports, and that 

such authority is derived solely from statute. Moreover, the section 

notes the citizen has a right to bear a passport that is accurate. 

Section 211. United States Actions with Respect to Jerusalem as the 

Capital of Israel. 

This section addresses the status of Jerusalem as part of Israel. 

Subsection (a) provides that none of the funds authorized to be appropriated by this act may be expended for the operation of a U.S. 

consulate in Jerusalem unless such a consulate is under the supervision of the U.S. Ambassador to Israel. The Congress believes that 

it is difficult for United States policy in Israel to be consistent if 

the Embassy and Consulate operate, unlike other such entities, 

under separate—rather than unified—direction. The Consulate has 

118 

within its jurisdiction areas that are clearly within Israel under the 

policies of the Congress and even of this (and prior) Administrations. This provision has been carried in prior years’ bills. 

Subsection (b) provides that none of the funds authorized to be 

appropriated by this act may be available for the publication of any 

official government document which lists countries and their capital cities unless it identifies Jerusalem as the capital of Israel. 

This provision was carried in last year’s Foreign Relations Authorization Act and is repeated so as to apply to spending authorized 

by this act, as well. The Congress believes that Israel is entitled 

to decide where its capital is and that our Embassy should be in 

that capital; it has consistently supported Israel in this regard. 

Section 212. Availability of Unclassified Telecommunications Facilities. 

This section requires the Secretary of State to make available to 

Congressional Committees the use of telecommunication facilities 

located in an overseas facility to allow Committees to receive testimony or other communications from an individual in that country. 

The Department of State has not always fully cooperated in making its unclassified telecommunications facilities available to Committees of Congress to receive the testimony of witnesses who are 

located overseas. This would clarify that it is the duty of the Department to assist the Congress in this regard. Increasing the use 

of digital videoconferencing technology has the potential to reduce 

the travel expenses for witnesses that might otherwise be borne by 

the taxpayer, and to increase the range of information available to 

the Congress so as to improve its oversight and legislative efforts. 

Section 213. Reporting Formats. 

This section requires the Secretary of State to submit required 

congressional reports electronically. This requirement is to take effect with the first report submitted after enactment of this act. The 

Department of State has lagged behind agencies such as the 

United States Agency for International Development in providing 

information to the Congress in machine-readable form. Its reports, 

which are prepared internally in machine-readable form, are reduced to paper for delivery to the Congress but are not accompanied by ‘‘electronic’’ versions. This practice results in waste and 

delays or prevents the further dissemination, in appropriate cases, 

of the information to the public. 

Section 214. Extension of Requirement for Scholarships for Tibetans 

and Burmese. 

This section amends section 103(b)(1) of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (P.L. 

104–319) by striking ‘‘for the Fiscal Year 2003’’ and inserting ‘‘for 

each of the Fiscal Years 2006 and 2007.’’ This continues the authority for scholarships for Tibetans and Burmese students and 

professionals. 

Section 215. American Institute in Taiwan Facilities Enhancement. 

This provision amends P.L. 106–212, the American Institute in 

Taiwan Facilities Enhancement Act, by striking the $75 million authorization of appropriations and replacing such authorization with 

119 

‘‘such sums as may be necessary.’’ While final construction decisions have not been made, the expectation is that the new building 

for the American Institute in Taiwan will cost more than the $75 

million originally authorized. 

Section 216. Activities Related to Cuba. 

This section, as authorized by existing law, provides $5 million 

from fiscal year 2006 funds to be used for various educational exchange programs operated by the Bureau of Educational and Cultural Affairs of the Department of State to support the Cuban people. It underscores U.S. policy by focusing on human rights dissidents, pro-democracy activists, and independent civil society 

members. It provides for congressional oversight by requiring: (1) 

no later than 90 days after the date of enactment of this act, reporting to the Committee on prospective participants in the programs listed in the section; and (2) a 15-day prior notification to 

the Committee on participants deemed by the Department to be eligible for such programs. Nothing in this section shall be construed 

as limiting, in any way, existing restrictions in U.S. law relating 

to travel to and from Cuba or existing prohibitions relating to 

Cuban nationals, including those imposed due to Cuba’s designation as a state-sponsor of terrorism under the Export Administration Act, as amended, and those prohibitions imposed by other U.S. 

laws on officials, agents, instrumentalities of, and representatives 

of the Castro regime or of the Cuban Communist Party. 

TITLE III. ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF 

STATE 

Section 301. Education Allowances. 

This section makes the following changes to the education allowance in 5 U.S.C. 5924(4): (1) allows for travel to the United States 

for children in kindergarten through 12th grade, when schools at 

post are not adequate; (2) allows for educational travel to a school 

outside the United States for children at the secondary and college 

level; and (3) allows the option of storing children’s personal effects 

near the school during their trip home, rather than transporting 

them back and forth. 

Section 302. Official Residence Expenses. 

This section permits the Department of State to provide in advance funds available for official residence expenses under 5 U.S.C. 

5913(b) to those persons now eligible to receive reimbursement for 

such expenses. 

Currently, principal officers at posts abroad are required to pay 

all household expenses personally and then submit vouchers for reimbursement. Some principal officers at posts where official residence expenses are high cannot afford to pay such expenses personally before receiving reimbursement. This proposal, which would 

not require any additional funds to implement, would enable such 

officers to receive funds in advance to defray the unusual expenses 

incidental to the operation and maintenance of official residences. 

120 

Section 303. Increased Limits Applicable to Post Differentials and 

Danger Pay Allowances. 

This section increases the cap for hardship and danger pay for 

Foreign Service personnel from 25 percent of salary to 35 percent. 

As a result of increased danger in many locations, many posts with 

high but disparate levels of danger and hardship are clustered at 

the ceiling rate of 25 percent. This has resulted in an inability to 

maintain appropriate distinctions between the various levels of 

danger and hardship. This section would not result in an automatic 

increase of rates for all danger pay and hardship pay locations, but 

would provide the Department discretionary authority to make appropriate adjustments. Subsection (d) provides that the Secretary 

of State inform the appropriate Committees of Congress of the criteria for increasing these differentials and expects the Department 

to brief the Committees prior to such an increase. 

Section 304. Home Leave. 

This section provides that Foreign Service Officers may take authorized rest and recuperation travel under 22 U.S.C. 4081(6) even 

if they take accrued, unused home leave authorized by this section. 

This would ensure that eligibility for R&R would not be affected if 

someone used accrued home leave while on other travel to the 

United States. In addition, this section reduces the time period for 

eligibility for home leave from 18 months to 12 months. 

Section 305. Overseas Equalization and Comparability Pay Adjustment. 

This section would amend Chapter 4 of the Foreign Service Act 

of 1980 (22 U.S.C. 3961) to stipulate that Foreign Service Officers 

in class one or below, stationed outside the continental United 

States, receive locality-based comparability payments under section 

5304 of title 5, United States Code, that would be paid to a member if his or her official duty station were in Washington, DC. The 

provision has a 3-year phase-in period. 

For the past several years, government employees have received 

locality pay adjustments intended to raise Federal salaries to the 

level of salaries paid in the private sector for comparable work. 

Foreign Service Officers working in Washington, DC. receive the locality pay, but those stationed outside the United States do not. 

This has resulted in an average of 15.98 percent difference between 

the base pay of personnel stationed overseas and those stationed in 

Washington, creating a greater financial incentive to serve in 

Washington, DC. 

Section 306. Fellowship of Hope Program. 

This section amends the Foreign Service Act of 1980 by adding 

a new section that clarifies the authority underlying a current exchange program between the foreign affairs agencies of the United 

States, the European Union, and its member states created to promote collaboration among its young leaders. Under this program, 

Foreign Service Officers are identified on an annual basis to serve 

1-year details at the European Union in Brussels and designated 

European foreign ministries. After the Foreign Service Officers 

complete the details at the EU or in the foreign ministries, they are 

assigned to a position in the U.S. Embassy in the relevant EuroVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00120 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
121 

pean capital. Conversely, the State Department also will receive 

members of the diplomatic corps from the European Union and 

designated foreign ministries. While the present program is conducted with EU member states, the new section would envision its 

expansion to cover NATO countries that are not members of the 

EU (e.g., Canada, Norway). 

Subsection (d) confirms the principle that officers or employees of 

the United States owe their allegiance to the United States and be 

bound by oath to support and defend the U.S. Constitution, and 

that this section does not authorize a member of the U.S. Foreign 

Service to be assigned to a position with a foreign government or 

entity that requires the U.S. Foreign Service member to give allegiance or loyalty to that foreign government or entity rather than 

the United States. 

Section 307. Regulations Regarding Retirement Credit for Government Service Performed Abroad. 

This section sets a 60-day deadline for issuance of regulations to 

implement Section 321 of the Foreign Relations Authorization Act, 

Fiscal Year 2003 (P.L. 107–228). This section provides for retirement credit for part-time, or temporary, employees who worked for 

the Department of State overseas in the 1990s. 

Section 308. Promoting Assignments to International Organizations. 

This section amends the Foreign Service Act of 1980 to include, 

as consideration for promotion, whether the officer has served in a 

multilateral institution or international organization. The purpose 

of this change is to encourage members of the Foreign Service to 

take assignments with international or multi-national responsibilities. 

Section 309. Suspension of Foreign Service Members Without Pay. 

This section would amend Section 610 of the Foreign Service Act 

to allow 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 the employee 

may be imprisoned and there is a connection to the efficiency of the 

Service. Currently, a Foreign Service employee indicted for a crime, 

e.g., murder or child molestation, is allowed to use accrued leave 

or leave without pay (approved absence) while incarcerated. No administrative action can be taken against the employee until a conviction. However, a Civil Service employee (under Title 5) indicted 

for the same crime is placed on ‘‘indefinite suspension.’’ 

Section 310. Death Gratuity. 

This section amends Section 413(a) of the Foreign Service Act of 

1980, to provide a death gratuity payment of $100,000, or 1 year’s 

salary, whichever is greater upon the death of a Foreign Service officer who dies as a result of injuries sustained in the performance 

of duty abroad. 

Section 311. Clarification of Foreign Service Grievance Board Procedures. 

This section amends the Foreign Service Act to allow the Foreign 

Service Grievance Board to retain an employee on the payroll while 

122 

a grievance is being reviewed until a final decision is rendered on 

the merits of the case before the Board. Section 314(b) of the Foreign Relations Authorization Act, FY 2003 (P.L. 107–228) regarding separation for cause, struck similar language from Section 

1106(8) of the Foreign Service Act that this provision reinstates. 

Section 312. Repeal of Recertification Requirement for Members of 

the Senior Foreign Service. 

This section repeals the provision in the Foreign Service Act that 

requires the Secretary to establish a recertification requirement for 

members of the Senior Foreign Service (SFS) that is equivalent to 

the recertification process for the Senior Executive Service (SES). 

In Section 1321 of the Homeland Security Act of 2002 (P.L. 107– 

296), the Congress repealed the recertification requirements for 

SES employees contained in title 5 of the United States Code. The 

rationale was that these periodic recertification requirements for 

the SES did not serve a useful purpose. The same rationale applies 

to the SFS. 

Section 313. Technical Amendments to Title 5, United States Code, 

Provisions on Recruitment, Relocation, and Retention Bonuses. 

Section 101 of the Federal Workforce Flexibility Act of 2004 

amended sections 5753 and 5754 of Title 5 regarding recruitment, 

retention, and relocation benefits, which state that such bonuses 

may not be paid to a person who holds a position to which an individual is appointed by the President, by and with the consent of 

the Senate. Although such language was seemingly aimed at precluding application to traditional appointees, it has the effect of excluding all Foreign Service Officers as defined by Section 103(4) of 

the Foreign Service Act of 1980, as amended, who are by definition 

appointed by the President under section 302(a)(1) of the FSA. This 

proposal seeks to clarify the amended statutory provisions so as not 

to preclude the Department from offering these benefits even with 

the approval of the Office of Personnel Management (OPM). The 

section clarifies that ambassador-level appointees will remain subject to the existing restrictions of sections 5753 and 5754 of Title 

5. 

Section 314. Limited Appointments in the Foreign Service. 

This section codifies the Department practice of requiring specialist-limited, non-career appointees to have a 1-year break in 

service after completion of a 5-year limited appointment before assuming a new limited appointment. In addition, it authorizes the 

Department to extend limited appointments, now capped at 5 

years, of career Foreign Service candidates in certain circumstances. Such an extension would be based on needs of the 

Service. An example of such a circumstance is a case where an officer is called to active military duty. This authority is not intended 

to be used to extend the career candidacy of junior officers except 

as expressly provided for in the amendment. 

Section 315. Statement of Congress Regarding Career Development 

Program for Senior Foreign Service. 

The Committee applauds the recent changes to the career development program for entry into the Senior Foreign Service, and reitVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00122 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
123 

erates its support for a career development program which ensures 

that members of the Senior Foreign Service demonstrate operational effectiveness and experience in functional areas of expertise 

as well as geographic expertise. The Committee emphasizes the importance of human rights work and expresses its hope that the revised career development program will result in a stronger Bureau 

of Democracy, Human Rights and Labor as well as Foreign Service 

Officers better equipped to promote human rights around the world 

consistent with the objectives of Title VI of this act. 

Section 316. Sense of Congress Regarding Additional United States 

Consular Posts. 

This section recommends that the Secretary of State establish 

consulates or other United States diplomatic presences in Pusan, 

South Korea, Hat Yai, Thailand, and in an additional location in 

an under served region in India. 

Section 317. Office of the Culture of Lawfulness. 

This section creates an Office of the Culture of Lawfulness within the Bureau for International Narcotics and Law Enforcement Affairs. The section requires the office to be headed by a Director 

with at least two professional staff. The purpose of the office is to 

promote, coordinate, manage, and report on our worldwide culture 

of lawfulness efforts. The existing global rule of law program needs 

greater attention within the Bureau of International Narcotics and 

Law Enforcement Affairs, and this office with dedicated staff will 

provide the necessary focus. 

Section 318. Review of Human Resources Policies of the Department 

of State. 

This section requires the Secretary of State to conduct a review 

of the human resources capabilities within the Department and 

evaluate whether the Department is organized effectively and 

whether individuals with the appropriate skills are being hired to 

meet the new security challenges. This provision also requires that 

the review include an emphasis on improving the ethnic, racial, 

cultural and gender diversity of personnel of the Department and 

a biennial report on the review. 

TITLE IV. INTERNATIONAL ORGANIZATIONS 

Section 401. REDI Center. 

This section explicitly authorizes U.S. participation in the Regional Emerging Disease Intervention (‘‘REDI’’) Center in Singapore. Singapore is expected to fund the operations of the facility 

and there is no requirement for an authorization of appropriations. 

Section 402. Extension of Authorization of Appropriation for the 

United States Commission on International Religious Freedom. 

This section authorizes appropriations of $3,300,000 for the operations of the U.S. Commission on International Religious Freedom 

for each fiscal year, 2006–2011. This is an increase of $300,000 per 

year from the fiscal year 2005 funding level. The Commission established in P.L. 105–292 is an independent agency charged with 

reviewing and reporting on violations of international religious 

124 

freedom. The Commission recommends options for U.S. policies 

with respect to foreign countries which engage in or tolerate violations of religious freedom. 

Section 403. Reform of the International Atomic Energy Agency. 

Subsection (a) states that efforts to prevent the further spread of 

nuclear weapons would be enhanced by universal membership in 

the IAEA and that the enhanced authorities provided by the IAEA 

Additional Protocol to the Safeguards Agreements between the 

IAEA and IAEA Member States are indispensable to the IAEA’s 

ability to conduct inspections of nuclear facilities with a high degree of confidence. 

The subsection further states that the national security interests 

of the U.S. would be enhanced by the rapid ratification and implementation of the Additional Protocol by all Member States of the 

United Nations of U.N. Security Council Resolution 1540. This resolution requires all Member States to adopt and enforce the necessary laws and regulations criminalizing the provision of any form 

of support given to non-state actors that attempt to manufacture, 

acquire, possess, develop, transport, transfer, or use nuclear, chemical, or biological weapons and their means of delivery. 

The subsection also states that U.S. national security interests 

require that the IAEA be adequately equipped with the authorities 

and resources needed to comprehensively and efficiently carry out 

its responsibilities for inspections and safeguards of nuclear facilities. The Committee believes that the IAEA’s ability to carry out 

these tasks is undermined by recurring shortages of funds that 

arise from the U.S. paying its assessed contribution at the end of 

the calendar year instead of the beginning. 

The Committee also believes that any savings accruing from this 

delayed payment are far outweighed by the negative impact on fundamental U.S. national security interests. The Committee strongly 

recommends that the Department of State expeditiously adopt a 

payment schedule that provides the IAEA with the annual U.S. 

contribution at the beginning of the calendar year in line with the 

general practice of other Member States. 

Subsection (b) states that the Nuclear Nonproliferation Treaty 

(NPT) is the foundation for international cooperation to prevent the 

further spread of nuclear weapons capabilities and that the overriding purpose of the NPT has always been to prevent the spread 

of these capabilities. 

The subsection states that the language of Article IV of the NPT 

regarding the ‘‘. . . right to develop research, production, and use 

of nuclear energy for peaceful purposes without 

discrimination . . .’’ is specifically conditioned by, and must be 

interpreted within the context of, Article II of the NPT which obligates signatories not to undertake activities relating to the development of nuclear weapons. The subsection states that because the 

processes used for the enrichment of uranium and the reprocessing 

of plutonium for peaceful purposes are virtually identical to those 

needed for military applications and thereby inherently pose a risk 

of proliferation, Article IV cannot be interpreted to recognize an inalienable right by every country to enrich uranium or reprocess 

plutonium. 

125 

This subsection also states that, given the NPT’s overriding purpose of preventing the proliferation of nuclear weapons capabilities, 

the withdrawal provision in Article X of the Treaty cannot be interpreted in a manner consistent with the NPT’s purpose as permitting a signatory country to surreptitiously develop a nuclear weapons capability based on materials, facilities, and the equipment it 

has acquired for ostensibly peaceful purposes under Article IV and 

then withdraw from the Treaty with that capacity intact. Therefore, the relevant materials, facilities, and equipment must be destroyed or surrendered before that country will be recognized as 

having legally exercised its right of withdrawal from the NPT. 

Subsection (c) declares that Congress holds that all provisions of 

the NPT must be interpreted within the context of preventing the 

proliferation of nuclear weapons and that Article IV of the NPT 

does not guarantee to every country that is a State Party to the 

NPT an inalienable right to enrich uranium or reprocess plutonium. It further declares that if an NPT State Party gives notice 

of its intention to withdraw from the NPT under Article X, it must 

surrender all of the materials, facilities, and equipment acquired 

for ostensibly peaceful purposes under Article IV and that no state 

will be recognized as having legally exercised its right of withdrawal until it destroys or surrenders all such materials, facilities, 

and equipment. 

The Committee believes that the provisions in Article IV of the 

NPT regarding the rights of countries to develop peaceful nuclear 

energy are commonly and fundamentally misinterpreted by their 

being considered in isolation instead of within the Treaty’s governing context of nonproliferation. Article IV can be interpreted 

consistent with the purpose of the Treaty only as recognizing a 

general right to pursue those activities that can clearly be demonstrated to be for peaceful purposes and not as an unconditional 

right to acquire the most sensitive technologies relating to nuclear 

fuel making or acquiring or expanding capacities that could be useful for military applications. 

As the U.S. noted at the NPT Review Conference May 18, 2005: 

‘‘While compliant State Parties should be able to avail themselves 

of the benefits that peaceful use of nuclear energy has brought to 

mankind, the Treaty establishes no right to receive any particular 

nuclear technology from other States Parties—and most especially, 

no right to receive technologies that pose as significant proliferation risk.’’ 

The absence of an unlimited right, however, does not rule out the 

possibility for legally acquiring any particular capacity or engaging 

in any particular activity. Instead, for a country seeking to acquire 

a particular capacity or engage in a particular activity that could 

bring it closer to acquiring a nuclear weapons capability, a burden 

of proof must be placed on it to demonstrate that the intended effect is clearly peaceful, that there is a compelling economic need or 

benefit that will result, and that any proliferation risk that could 

result has been reduced to a maximum extent. Given that a capacity to enrich uranium or reprocess plutonium would allow its possessor to amass large quantities of nuclear weapons-usable materials, the diversion of which to make nuclear weapons cannot yet 

be detected in a timely fashion, Article IV cannot be interpreted 

consistent with the purpose of the Treaty as recognizing a right to 

126 

a develop a self-sufficient capacity to enrich uranium or reprocess 

plutonium unless the attendant risks of proliferation have been 

demonstrated to have been reduced to a maximum extent. 

The Committee strongly believes that this burden of proof extends far beyond mere statements of intent by the government of 

a State Party or limited inspections by the IAEA and includes consideration of the totality of measures and actions that appear to be 

inconsistent with purely peaceful purposes, such as the existence of 

undeclared nuclear facilities, procurement patterns inconsistent 

with a civil nuclear program, extensive security measures beyond 

those normally deemed sufficient for civil nuclear installations, a 

pattern of Article III safeguards violations suggestive of willful deception, efforts to conceal nuclear activities from the IAEA, or a nuclear program that appears to have little coherence for peaceful 

purposes but great coherence for weapons purposes. 

Iran and other countries suspected of developing a clandestine 

nuclear weapons capability have claimed that their acquisition of 

the necessary elements is permitted by an expansive interpretation 

of Article IV that, if widely accepted, would eliminate virtually all 

limits on the nuclear program of any State Party as long as its government maintains the fiction that that program is intended solely 

for peaceful applications. If this interpretation were conceded, the 

limitations imposed by the NPT would be effectively eviscerated, 

and any country could legally acquire virtually all of the components needed for a nuclear weapons program by doing so under the 

guise of developing a peaceful nuclear energy program. This expansive interpretation is clearly contrary to the clearly stated purpose 

and governing context of the Treaty, namely preventing the proliferation of nuclear weapons capabilities, and therefore cannot be 

accepted as credible. 

The Committee strongly believes that, given that Iran’s nuclear 

program unambiguously fails to meet the burden of proof of peaceful intent, Iran does not possess a legal right under the NPT to enrich uranium or reprocess plutonium. 

The Committee further believes that the provisions of Article V 

governing the exchange of technology for peaceful purposes are 

similarly contingent upon the recipient state’s demonstration that 

the risks of proliferation from its acquisition of any material, facility, or equipment from a supplier state have been reduced to a 

maximum extent. As such, it is the responsibility of each supplier 

state to ensure that this burden of proof has been fully met by the 

recipient state prior to the execution of the relevant transaction. 

The Committee believes that the purpose of the NPT would be 

rendered hollow if a State Party were allowed to legally acquire the 

components needed for a nuclear weapons program under the guise 

of developing a peaceful nuclear program and then, by withdrawing 

from the Treaty, free itself from the nonproliferation restrictions 

imposed by the NPT. To permit a retention of these capabilities 

after withdrawal would be to acknowledge beforehand an enduring 

right of each State Party to legally circumvent the Treaty’s restrictions, a right that would be contrary to the Treaty’s clearly stated 

and overriding purpose of preventing the proliferation of nuclear 

weapons capabilities, a purpose that has been freely agreed to by 

every State Party. For this reason, due to the inherent proliferation 

risks, the Committee believes that Article X cannot be interpreted 

127 

consistent with the NPT’s purpose as permitting a State Party to 

retain after its withdrawal the materials, facilities, and equipment 

acquired for ostensibly peaceful uses under Article IV and that 

therefore the surrender or destruction of these capabilities must 

occur prior to a recognition of that withdrawal. 

Subsection (d) expresses a sense of Congress that the IAEA Director General should strengthen his efforts to secure adherence to 

an IAEA Additional Protocol by all IAEA Member States. The subsection also states Congress’s belief that the IAEA’s Statute authorizes it to provide nuclear security assistance to its Member 

States. 

The purpose of subsection (d)(2) is to clarify any ambiguity concerning the IAEA’s legal ability to provide nuclear security assistance. 

Subsection (e) encourages the President to encourage rapid universal ratification of an IAEA Additional Protocol and the implementation of the provisions of U.N. Security Council Resolution 

1540. The subsection authorizes the President to suspend U.S. nonhumanitarian foreign assistance to any country which fails to ratify 

an Additional Protocol and implement the provisions of U.N. Security Council Resolution 1540. The subsection also requires the Secretary of State to submit a report on U.S. efforts to promote the 

universal implementation of U.N. Security Council Resolution 1540 

and gives the President the discretion to submit such a report 

within the State Department’s ‘‘Patterns of Global Terrorism’’ report. 

The Committee believes that U.S. national security interests regarding nuclear proliferation and nuclear terrorism would benefit 

greatly from the rapid and universal ratification and implementation of the IAEA Additional Protocol and U.N. Security Council 

Resolution 1540. Given that the legislative burden on any country 

for doing so is slight, and reasons for substantive opposition lacking evidence or argument, action by the United States and other 

countries would be useful to ensure that all countries understand 

the importance of these measures to the interests of the United 

States and to those of the world as a whole. This subsection provides the President with a substantive means of persuasion for 

those countries unresponsive to requests for action. 

Subsection (f) instructs the Secretary of State to ensure that the 

U.S. pays its assessed contribution to the IAEA at the beginning 

of the calendar year. 

Subsection (g) authorizes to be appropriated additional funds as 

may be necessary to permit the Secretary of State to ensure that 

the U.S. can pay its regularly assessed contribution to the IAEA at 

the beginning of the calendar year to compensate for the current 

late payment. 

Section 404. Property Disposition. 

This section would allow the Secretary of State to use discretion 

as to whether to retain ownership of the Palazzo Corpi building located in Istanbul, Turkey. Despite the known security risks, current law mandates that the Secretary of State retain ownership of 

the building for the purpose of maintaining the International Center for Middle Eastern-Western Dialogue at such location due to 

the building’s historic nature. Recognizing that the Palazzo Corpi 

128 

does not meet security standards, has been a terrorist target numerous times in the past, and the Department has indicated it cannot ensure the safety and security of the staff and visitors to this 

location, the Committee believes the Secretary should properly dispose of this property . 

TITLE V. INTERNATIONAL BROADCASTING 

Section 501. Short Title. 

This title may be cited as the ‘‘International Broadcasting Authorization Act, Fiscal Years 2006 and 2007.’’ 

Section 502. Middle East Broadcasting Networks. 

This section amends the U.S. International Broadcasting Act of 

1994 to establish the Middle East Broadcasting Network as a nonFederal grantee organization. It would authorize the Broadcasting 

Board of Governors (BBG) to make annual grants for the purpose 

of carrying out radio and television broadcasting to the Middle East 

in Arabic, consistent with the broadcast standards and principles 

set for in the International Broadcasting Act of 1994. It provides 

for the establishment of the Middle East Broadcasting Networks 

(MBN) under a corporate structure, similar to that of RFE/RL, Inc. 

and Radio Free Asia. MBN incorporates Radio Sawa and Alhurra, 

the 24-hour-a-day television service to the Arab-speaking world. 

Section 109A(c)(i)(A) of the International Broadcasting Act of 

1994 provides that the Board of Directors of MBN will consist of 

the members of the Broadcasting Board of Governors, and that the 

Board of Directors will make all major policy determinations with 

respect to MBN. The section also provides that MBN is not a Federal agency, but is subject to audit by the Government Accountability Office (GAO) and inspection by the Inspector General of the 

Department of State and the Broadcasting Board of Governors. 

This section also makes a number of technical amendments to 

the U.S. International Broadcasting Act of 1994 to clarify the relationship of the corporate broadcast entity to the Board and the 

Board’s authority to allocate funds to MBN. In addition, it adds the 

Middle East Broadcasting Networks to the broadcasting entities 

that are to be represented in a coordinating committee to be 

chaired by the Director of the International Broadcasting Bureau. 

The section would ensure that limitations on civil liability that 

apply to members of the BBG also apply to such members when 

serving as members of the Board of MBN. 

Section 503. Improving Signal Delivery to Cuba. 

This provision would update existing law with respect to the 

BBG’s flexibility to enhance the transmission of Radio Marti broadcasts to Cuba. Under existing law, Radio Marti is required to utilize the broadcasting facilities at Marathon, Florida, and the 1180 

AM frequency that was used by the Voice of America prior to the 

enactment of the Radio Broadcasting to Cuba Act, except in the instance where the broadcasts are jammed. In the instance of jamming, which has been in evidence since the station began broadcasting in May 1985, the station is authorized to utilize other 

transmission mechanisms. This section: Recognizes the fact that 

jamming is a constant in Radio Marti’s broadcast environment; 

129 

clarifies the authority of the Office of Cuba Broadcasting to use additional AM frequencies, as well as FM and SW frequencies; and 

provides Radio Marti with the same transmission options that are 

available to other BBG broadcast entities. 

Section 504. Establishing Permanent Authority for Radio Free Asia. 

In 1994, Congress placed a sunset of September 30, 2009, in 

Radio Free Asia’s (RFA) enabling legislation. This section would repeal the sunset clause in Radio Free Asia’s enacting legislation 

(P.L. 103–236). 

RFA’s mission is to provide in-country news and information to 

countries that do not permit free media. Almost all of RFA’s target 

countries—China, North Korea, Burma, Laos, Vietnam, and Cambodia—are Communist, military, or authoritarian regimes that give 

no indication of allowing a free indigenous press any time in the 

near future, and certainly not before 2009. 

The Committee underscores the importance of Radio Free Asia as 

a tool for the promotion of democracy, freedom of expression, and 

the free media in Asia and recommends the establishment of permanent authority to carry out its activities. 

Section 505. Personal Services Contracting Program. 

This section would amend Section 503 of the Foreign Relations 

Authorization Act for 2003 (P.L. 107–228) to permit the Broadcasting Board of Governors to employ up to 100 personal services 

contractors in the United States at any given time. 

In P.L. 107–228, the Congress granted the BBG authority to administer a pilot program to employ up to 60 U.S. citizens or aliens 

as personal services contractors at any one time. This authority 

was further limited by the requirement that the need for such employment ‘‘is not of permanent duration.’’ The pilot program terminates on December 31, 2005. 

According to the BBG, this pilot program has been helpful in responding to the need to fill positions when a rapid increase in 

broadcasting is required. Therefore, the Committee makes this program permanent, with a cap of 100 contractors. 

Section 506. Commonwealth of the Northern Mariana Islands Education Benefits. 

This section authorizes expenditures of funds for the purpose of 

providing education allowances for dependents of Broadcasting 

Board of Governors personnel employed in the Northern Mariana 

Islands. 

TITLE VI—ADVANCE DEMOCRACY ACT OF 2005 

The ADVANCE Democracy Act of 2005, which was originally introduced as H.R. 1133 by Representatives Frank Wolf and Tom 

Lantos, establishes in law a framework to strengthen and institutionalize the promotion of democracy within the State Department. 

The Committee believes that, while there are a number of talented 

and dedicated career State Department officials who focus their talents and energy on democracy promotion, these efforts could be 

strengthened. The Committee applauds Secretary Rice for her 

forthright and compelling statements regarding the need for our 

friends and adversaries alike to increase their efforts at democracy, 

130 

and this section is intended to create incentives and training necessary to more deeply ingrain these policies into the fabric of the 

Department of State. 

Section 601. Short Title. 

This section states that the act may be referred to as the, ‘‘Advance Democratic Values, Address Non-democratic Countries and 

Enhance Democracy Act of 2005,’’ or the ‘‘ADVANCE Democracy 

Act of 2005.’’ 

Section 602. Findings. 

This section contains congressional findings describing the need 

to promote democracy throughout the world. The Committee notes 

that democracy is increasingly seen as a key part of the international system as reflected by the unanimous vote at the United 

Nations Commission on Human Rights affirming the right to democracy as a human right. Beginning in 2002, Congress began trying to focus the Department of State increasingly on being more active in furthering this trend in the Freedom Investment Act of 

2002. 

Over the past three decades, the number of fully democratic 

countries has more than doubled, from 41 to 89, while the number 

of countries governed by a dictator or a totalitarian government 

has decreased by 37 percent, often as a result of nonviolent resistance by the peoples of such countries, aided by support from democratic countries. According to the annual Freedom in the World report published by Freedom House (an annual comparative assessment of the state of political rights and civil liberties in 192 countries and 18 related and disputed territories), 75 percent of the 

population of the world currently lives in countries categorized as 

‘‘entirely free’’ or ‘‘partly free,’’ as opposed to only 57 percent in 

1973. These changes have been achieved in part through sustained 

and comprehensive efforts by democratic countries, including the 

United States and the democratic countries of Europe, to support 

dissidents and democracy activists in non-democratic countries. 

The findings note that the promotion of universal democracy constitutes a long-term challenge that does not always lead to an immediate transition to full democracy but, through a dedicated and 

integrated approach, it can achieve universal democracy. 

Section 603. Statement of Policy. 

This section declares that it is United States policy: To promote 

freedom and democracy and to affirm fundamental freedoms and 

human rights throughout the world as fundamental components of 

United States foreign policy; to provide support to nongovernmental organizations, individuals and movements living in nondemocratic countries that aspire to live in freedom; to provide political, economic, and other support to foreign countries that are undertaking a transition to democracy; and to strengthen alliances 

with other democratic countries in order to better promote and defend shared values and ideals. 

Section 604. Definitions. 

This section provides definitions for use in the act. 

131 

SUBTITLE A—DEPARTMENT OF STATE ACTIVITIES

Subtitle A ensures that Department of State activities and officers promote freedom and democracy throughout the world as a 

fundamental objective of United States foreign policy by seeking to 

end dictatorial and other nondemocratic forms of governance in foreign countries through peaceful methods. 

Section 611. Promotion of Democracy in Foreign Countries. 

Subsection (a) amends the State Department Basic Authorities 

Act by codifying the position of Under Secretary of State for Global 

Affairs, who shall have the primary responsibility of formulating 

and implementing United States policies and activities relating to 

the transition to and development of democracy in nondemocratic 

countries, as well as continuing to coordinate United States policy 

on global issues. Subsection (b) enhances the duties of the Assistant Secretary of State for Democracy, Human Rights, and Labor in 

democracy promotion. Subsection (c) requires that there be an office responsible for working with democratic movements and facilitating the transition of countries to democracy, which should be supervised by a new deputy assistant secretary, with the role of assisting individuals and movements committed to promoting democracy. The office would provide political support and facilitate the 

funding of nongovernmental organizations that promote democratic 

principles, practices and values; foster relationships between such 

organizations, individuals and movements with the government of 

the country and other governments interested in promoting democracy; communicate with leaders and other senior government officials regarding the respect for liberty democracy and freedom; and 

communicate with opposition political parties in nondemocratic 

countries. 

This subsection also creates a pilot program to create two Regional Democracy Hubs and to increase the number of Foreign 

Service Officers assigned to the Bureau of Democracy, Human 

Rights, and Labor so that such individuals represent 50 percent of 

the employees assigned to the Bureau. With respect to the Regional 

Hubs, the Committee intends that each Hub would be a separate 

section within the Embassy, with the Director serving as a member 

of the Country Team in the country in which the Hub is located 

and reporting to the Ambassador in that country. The Hubs should 

have separate budgetary resources from other sections, sufficient to 

advance the democracy promotion mandate. However, Hub employees would also work in cooperation with the Ambassadors and Embassy staff from nondemocratic countries in the region to assist 

those missions in their efforts at the promotion of democracy. The 

Committee does not intend that the Hub and its employees have 

the primary responsibility for democracy promotion. Rather, that 

responsibility must be vested in the Ambassador and staff in each 

country. The Hubs can be a focal point for innovation, assist in 

stimulating the thinking and action of the individual missions and, 

in other countries in the region, serve as a visiting country team 

member to help devise and implement regional approaches to promoting democracy in individual countries. 

132 

Section 612. Reports. 

Subsection (a) directs the Secretary of State to prepare an Annual Report on Democracy that will designate foreign countries as 

‘‘nondemocratic’’ or as ‘‘democratic transition countries (because 

such a country is in an early stage of transition to democracy), as 

determined by reference to principles and rights delineated in the 

Universal Declaration of Human Rights, the United Nations Charter, and other respected documents. The report will include a short 

narrative for each foreign country designated, and for those nations 

designated ‘‘nondemocratic,’’ the Annual Report on Democracy will 

include a strategy to promote and achieve a transition to democracy and any actions to promote such a transition. The provision 

also contains criteria that, if not met, will require a designation as 

‘‘nondemocratic.’’ 

The report required by subsection (a) is one of the central elements of the ADVANCE Democracy Act. The Committee intends 

that the Department provide a forward-looking strategy on how the 

U.S. Government intends to promote democracy in countries designated as nondemocratic in the report. The Committee believes 

that, particularly with respect to countries with which the United 

States has other strong national security interests, the promotion 

of democracy sometimes is suppressed at key moments where opportunities for a democratic deepening exist. By taking elements of 

democracy promotion from the Department’s mission program plan, 

as enhanced by section 917 of the act, and placing it in context, 

Congress will be able to exercise better oversight as to how the 

U.S. Government intends to develop both short-term and long-term 

actions to promote democracies. As provided in section 914, this information can be combined with the Support for Human Rights 

and Democracies (SHRD) Report, originally required by the Freedom Investment Act of 2002. 

The Committee believes that the Department should have two 

key human rights reports relating to democracy and universal 

human rights. The first, the annual Country Reports on Human 

Rights Practices, will be an official description of the conditions in 

a country, developed in a nonpolitical and factual manner; the second, the Annual Report on Democracy, combined with the SHRD 

Report, should briefly describe the current status or situation of 

human rights and democracy movements, the strategy to address 

the situation, programs supported by the U.S. Government to address the situation, and the effectiveness of those programs. The 

description should include what the U.S. Government has done, as 

well as future goals. It is also essential for the report to specify 

how the U.S. Government-supported programs are intended to effect the specific situation(s) described in the initial country narrative. The flaw in the current SHRD Report is that it represents 

a catalogue of the activities that the Department has done and 

does not set forth the Department’s strategy and implementation 

plans, nor in some instances does it link how specific U.S. Government-supported programs address certain serious human rights 

violations. Understanding that this information may be sensitive, 

this provision allows the Secretary to put as much of this information as necessary in a classified annex to the report. 

133 

Subsection (b) provides for a one-time report on the training program designed by the State Department regarding democracy promotion. 

Section 613. Strategies to Enhance the Promotion of Democracy in 

Foreign Countries. 

Subsection (a) provides that the Under Secretary for Democracy 

and Global Affairs should convene annual working groups on each 

country designated as nondemocratic to review progress on the 

U.S. action plan for facilitating a transition to democracy in that 

country. Subsection (b) also provides that the Undersecretary 

should convene working groups on the transition of ‘‘partly’’ democratic countries to ‘‘fully’’ democratic countries that were designated as nondemocratic countries in previous reports. Subsection 

(c) identifies that these working groups should have interagency 

representation. Subsection (d) directs the chief of mission for each 

country designated as nondemocratic to meet with the Under Secretary of Democracy and Global Affairs at least once each year to 

discuss the transition to democracy in such country. 

Section 614. Activities by the United States to Promote Democracy 

and Human Rights in Foreign Countries. 

Subsection (a) amends the Freedom Investment Act of 2002 to include a provision directing chiefs of mission in countries designated 

as nondemocratic in the most recent Annual Report on Democracy 

to have at least one political officer whose primary responsibility 

is monitoring human rights developments and promoting democracy in such country. It also enables the Secretary of State to include in the Annual Report on Democracy information required 

under the Freedom Investment Act of 2002 (relating to reports on 

actions taken by the United States to encourage respect for human 

rights) so as to create one strategy report relating to both the promotion of democracy and the elimination of severe human rights 

abuses. Subsection (b) changes the requirements of the report on 

eliminating severe human rights abuses to include a list of priorities and an action plan to eliminate these abuses. As indicated 

above, it also allows the combination of the SHRD Report and the 

Annual Report on Democracy. 

Section 615. Democracy Promotion and Human Rights Advisory 

Board. 

This section creates a bipartisan Democracy Promotion Advisory 

Board whose purpose is to advise and provide recommendations on 

United States policies regarding the promotion of democracy and 

the establishment of universal democracy. It requires the Board to 

conduct a study of U.S. democracy assistance within 18 months of 

the enactment of the report and sunsets the Board 6 months thereafter, although the Secretary can extend the life of the Board for 

an additional 5 years. 

The Committee recognizes that some nongovernmental entities 

and some officials within the Administration would like to see reform of the manner in which the United States delivers assistance 

overseas to promote democracy and good governance. The study is 

intended to provide information to the Administration and the Congress on how to make this assistance more effective and to focus 

134 

U.S. assistance efforts on nondemocratic countries and countries in 

the early phases of a transition to democracy. The study is also intended to review whether U.S. international broadcasting services 

can be better used to reach out to populations in foreign countries. 

Section 616. Establishment and Maintenance of Internet Site for 

Global Democracy and Human Rights. 

This section directs the Secretary of State to establish and maintain an Internet site for global democracy to facilitate access by individuals and nongovernmental organizations in foreign countries 

to documents and other media regarding democratic principles, 

practices, and values, the promotion and strengthening of democracy, and the injustices of living in a nondemocratic country. This 

Web site is intended to be an address where democracy activists 

from around the world can obtain information on conditions in 

their country in their own language, materials on successful democracy movements and tactics for peaceful democratic change, and 

links to groups around the world that engage in similar struggles 

for freedom. The Web site should also include parts of other relevant human rights reports, including translations where appropriate, such as the annual Country Reports on Human Rights Practices, the annual Religious Freedom Report, and the annual Report 

on Trafficking in Persons. 

Section 617. Programs by United States Missions in Foreign Countries and Activities of Chiefs of Mission. 

Subsection (a) directs the chief of mission in each country designated as nondemocratic to develop a strategy to promote democracy in the country and to provide material and visible support to 

nongovernmental organizations, individuals and movements in that 

country that are committed to democratic principles, practices, and 

values. Subsection (b) encourages chiefs of missions and principal 

officers to spend substantial amount of time at universities and 

other institutions of higher learning for the purpose of communicating, promoting, and defending U.S. values, purposes and policies related to promotion of democracy. Subsection (c) authorizes 

and encourages access by foreign nationals to the premises of 

United States diplomatic missions in countries categorized by the 

most recent Annual Report on Democracy as either a ‘‘democratic 

transition country’’ or as ‘‘nondemocratic.’’ 

Section 618. Training for Foreign Service Officers. 

Subsection (a) mandates enhanced training in how to strengthen 

and promote democracy for members of the Foreign Service having 

responsibility for internal political developments and human rights 

in foreign countries. The Committee believes that in order to effectively implement the strategies developed in accordance with this 

title, the Department must have increased emphasis on training for 

the Foreign Service. Training should include: (1) ways to promote 

democracy in a nondemocratic country including building relationships and consulting with individuals and nongovernmental organizations in such country that support democratic principles, practices, and values; (2) providing technical, financial, and other support to individuals (including expatriated citizens) and nongovernmental organizations in such country that support democratic prinVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00134 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
135 

ciples, practices, and values; (3) instruction on the importance of 

visiting local landmarks and other local sites associated with nonviolent protest to demonstrate U.S. support of democracy and freedom from oppression; (4) conducting discussions with the leaders of 

such country regarding a transition to full democracy, political, social, and economic freedoms, United States policy to promote democracy in foreign countries, and the possibility that such leaders 

might voluntarily cede power; (5) conducting discussions with the 

students and young people of such country regarding a transition 

to full democracy, and political, social, and economic freedoms, and 

United States policy to promote democracy in foreign countries; (6) 

the methods of nonviolent action and the most effective manner to 

share such information with individuals and nongovernmental organizations in such country that support democratic principles, 

practices, and values; and (7) the investigation and documentation 

of violations of internationally-recognized human rights in coordination with nongovernmental human rights organizations, violations of religious freedom, including particularly severe violations 

of religious freedom (as such terms are defined in paragraphs (11) 

and (13) of section 3 of the International Religious Freedom Act of 

1998 (22 U.S.C. 6402)), political repression, and government-tolerated or condoned trafficking in persons that occur in such country. 

Subsection (b) authorizes this training for members of the Civil 

Service having similar responsibilities. Subsection (c) authorizes 

appropriations as may be necessary to develop appropriate programs and materials necessary to accomplish the mandatory training. Subsection (d) makes clerical amendments to the Foreign Service Act of 1980. 

Section 619. Performance Pay; Promotions; Foreign Service Awards. 

Subsection (a) enables meritorious or distinguished service in the 

promotion of democracy in foreign countries to be a basis for 

awarding performance pay to Foreign Service Officers. Subsection 

(b) makes evaluation of an officer’s promotion of democracy in foreign countries a basis for promotion in the Foreign Service. Subsection (c) requires the Secretary shall prescribe regulations regarding the implementation of subsections (a) and (b). Subsection 

(d) authorizes Foreign Service awards in the instance of distinguished or meritorious service in the promotion of democracy, including contact with and support of individuals and nongovernmental organizations that promote democracy in countries designated as nondemocratic in the most recent Annual Report on Democracy. 

Section 620. Appointments. 

Subsection (a) requires the President, in the event of appointing 

a representative of the United States in a country designated ‘‘nondemocratic,’’ to report to the Senate Foreign Relations Committee 

what actions that individual took during the period of prior service 

as Chief of Mission to promote democracy in that country. Subsection (b) requires that Chiefs of Mission assigned to countries 

designated nondemocratic should possess clearly demonstrated 

competence in and commitment to the promotion of democracy in 

that country, including competence in promoting democracy to students and young people. 

136 

SUBTITLE B—ALLIANCES WITH OTHER DEMOCRATIC COUNTRIES

Subtitle B recognizes that the United States’ efforts to strengthen and promote democracy in nondemocratic countries are best conducted in cooperation with other democratic countries. 

Section 631. Alliances with Other Democratic Countries. 

Subsection (a) expresses congressional findings that it is in the 

national security interest of the United States to forge alliances 

with democratic countries to promote democracy and protect fundamental freedoms around the world. Subsection (b) establishes the 

purposes of Title II as encouraging cooperation between democratic 

countries through new ways of forging alliances with democratic 

countries that promote and protect democratic principles, practices, 

and values. Subsection (c) authorizes the President to take such actions as necessary to establish alliances with other countries to 

achieve the purposes described in subsection (b). Subsection (d) expresses the sense of Congress that any foreign country designated 

as nondemocratic in the most recent Annual Report on Democracy 

should not participate in any alliance of democratic countries. 

Section 632. Sense of Congress Regarding the Establishment of a 

Democracy Caucus. 

Subsection (a) expresses that it is the sense of Congress to endorse the findings in the Intelligence Reform and Terrorism Prevention Act of 2004, of the importance of promoting democracy caucuses in international organizations and the purposes of such caucuses. Subsection (b) expresses that it is the sense of Congress that 

the creation of a Democracy Caucus will not only improve internal 

governance but will also strengthen the implementation of commitments regarding democracy and human rights at such organizations. 

Section 633. Annual Diplomatic Missions on Multilateral Issues. 

This section declares that the Secretary of State should send a 

high-level delegation from the United States on an annual basis to 

consult with key foreign governments in every region to promote 

United States policies, particularly issues relating to human rights, 

at key international institutions such as the United Nations. 

Section 634. Strengthening the Community of Democracies. 

Subsection (a) expresses the sense of Congress that the Community of Democracies should establish a more formal mechanism for 

carrying out work between ministerial meetings, including hiring 

appropriate staff and establishing a headquarters. Subsection (b) 

authorizes the Secretary to detail personnel to any country that is 

a member of the Convening Group of the Community of Democracies. This provision is intended to allow the United States Government to increase the capacity of any member of the Convening 

Group that is involved in organizing or participating in the ministerial. The Committee encourages the Department to detail personnel to the Government of Mali to help facilitate the next ministerial scheduled for Bamako, Mali in 2007. Subsection (c) expresses the sense of Congress that regional groups within the Community of Democracies should be strengthened. Subsection (d) 

137 

urges the President to assist Hungary and other European countries to establish a Democracy Transition Center, including providing grants or voluntary contributions to develop, adopt, and pursue programs and campaigns to promote the peaceful transition to 

democracy in non-democratic countries. It also authorizes 

$3,000,000 over 3 fiscal years toward the assessment of the United 

States for the establishment of the Democracy Transition Center. 

SUBTITLE C—FUNDING FOR PROMOTION OF DEMOCRACY

Subtitle C authorizes appropriations to nongovernmental organizations and individuals working to transition nondemocratic countries to democracy. 

Section 641. Policy. 

This section makes it the policy of the United States to provide 

financial assistance to qualified nongovernmental organizations 

and individuals for the purpose of promoting democracy in countries categorized as nondemocratic in the most recent Annual Report on Democracy. 

Section 642. Human Rights and Democracy Fund. 

This section states the purpose of the Human Rights and Democracy Fund (HRDF), established pursuant to the Freedom Investment Act of 2002, and provides critical support for unique projects 

that promote democracy and human rights in foreign countries of 

strategic significance to the United States. Subsection (a) expands 

and enhances the purposes for which funds appropriated to the 

HRDF can be used. In the Committee’s view, the HRDF can be a 

wide-ranging and influential tool for promoting democracy that can 

provide innovative approaches that can be picked up by mainstream assistance programs. The Committee believes that the purposes enumerated in the Freedom Investment Act of 2002 and this 

act are illustrative, and other uses could include: 1) publication and 

distribution of books, creation and distribution of media (including 

unbiased news programming), and educational programming about 

successful democratic movements; 2) translation of relevant programming into the languages spoken in nondemocratic countries; 

3) promotion of pluralism within nondemocratic countries, including education programs for leaders and members of democratic 

movements; 4) the promotion of the rule-of-law and the protection 

of minorities; 5) the creation of educational programs on non-violent change for leaders and members of democratic movements; 6) 

creation of programs for student groups to work with citizens of 

nondemocratic countries to promote a transition to democracy; 7) 

production and distribution of materials promoting and celebrating 

democracy, and the equipment needed to produce such materials; 

8) cultural exchanges between citizens of nondemocratic countries 

and the United States; 9) creation of projects to strengthen the parliaments and parliamentary staff in partly democratic countries; 

10) creation of programs to ensure transparency and accountability 

for government revenues and expenditures; 11) creation of training 

programs for citizens of such countries concerning international 

legal obligations to support democracy and human rights; and 12) 

other activities relevant to promoting democracy. 

138 

Subsection (b) provides amendments to the Freedom Investment 

Act of 2002 creating the Human Rights and Democracy Fund to 

add as a purpose of that fund the support of the study of democracy, including support for debates and discussions at academic institutions regarding the values and benefits of democracy. Subsection (c) authorizes funds from the Human Rights and Democracy 

Fund to be made to qualified nongovernmental organizations and 

individuals in foreign countries notwithstanding any other provision of law. Subsection (d) requires the Assistant Secretary of State 

for Democracy, Human Rights, and Labor to submit at the end of 

each fiscal year to the appropriate Congressional Committees an 

annual report on the status of the Human Rights and Democracy 

Fund, which includes: An identification of each organization or individual receiving assistance; a summary of the activities of each 

recipient; an account of projects funded and outside contributions 

received; and a balance sheet of income and outlays. Subsection (e) 

authorizes appropriations to the Human Rights and Democracy 

Fund of $50,000,000 for fiscal year 2006 and $60,000,000 for fiscal 

year 2007. 

SUBTITLE D—PRESIDENTIAL ACTIONS

This part of Title VI authorizes the President to take significant 

actions against countries designated as nondemocratic in the most 

recent Annual Report on Democracy. 

Section 651. Investigation of Violations of International Humanitarian Law. 

This section requires the President to collect information regarding incidents that may constitute crimes against humanity and report annually to the appropriate Congressional Committees any information collected. It requires that the President consider what 

actions he can take to hold such individuals accountable. 

Section 652. Presidential Communications. 

Subsection (a) contains congressional findings that direct communications from the President to citizens in nondemocratic countries 

are extremely beneficial in demonstrating that the United States 

supports such citizens. Subsection (b) expresses the sense of Congress that, from time to time, the President should broadcast a 

message to the citizens of countries categorized as nondemocratic 

in the most recent Annual Report on Democracy, to express the 

support of the United States for citizens promoting democracy and 

to encourage leaders from other democratic countries to do the 

same. 

TITLE VII. STRATEGIC EXPORT CONTROL AND SECURITY ASSISTANCE 

ACT OF 2005 

SUBTITLE A—GENERAL PROVISIONS

Section 701. Short Title. 

This section provides that Title VII may be cited as the ‘‘Strategic Export Control and Security Assistance Act of 2005.’’ 

139 

Section 702. Definitions. 

This section sets forth certain definitions of terms commonly 

used throughout Title VII, terms which are generally well-established in the Arms Export Control Act, the Export Administration 

Act or the regulations implementing these respective statutes (i.e., 

the Department of State’s International Traffic in Arms Regulations or the Department of Commerce’s Export Administration Regulations). 

Section 703. Declaration of Policy. 

This section sets forth several policy goals with respect to United 

States strategic export controls: The need for a comprehensive review of the United States strategic export controls (i.e., arms and 

dual-use) to ensure they are properly updated and oriented toward 

the global war on terrorism and other threats to United States security; the need for reliable and efficient service to the United 

States business community in support of its legitimate exports to 

United States friends and allies; and the need to resolve overlapping and duplicative functions among the responsible agencies, 

such that they are properly integrated with one another or consolidated, where appropriate. 

SUBTITLE B—REVISING AND STRENGTHENING STRATEGIC EXPORT

CONTROL POLICIES

Section 711. Amendments to the State Department Basic Authorities 

Act of 1956. 

This section amends Section 1(b)(2) of the State Department 

Basic Authorities Act of 1956 in three ways. The first is to specify 

certain responsibilities of the Under Secretary for Arms Control 

and International Security related to coordinating United States 

strategic export control policy and chairing the inter-agency Strategic Export Control Board which would be established under section 712 of this subtitle. Second, a position of Deputy Under Secretary for Strategic Export Control would be established in order 

to assist the Under Secretary (a position which is already heavily 

burdened with substantial national security responsibilities) in the 

more vigorous policy development and execution of strategic export 

control policy envisaged in this subtitle. A Deputy Under Secretary 

position will also help ensure that arms and dual-use export control 

policies and procedures are properly integrated with United States 

nonproliferation and counterterrorism policy, and that the Department of State has the necessary senior positions on a par with the 

Department of Defense (which already has a Deputy Under Secretary position essentially dedicated to export control matters) and 

the Department of Commerce (which has long had Under Secretary 

and Deputy Under Secretary positions dedicated to export control). 

Third, the use of defense trade registration fees would be authorized to offset costs associated with the work of the Strategic Export 

Control Board. 

Section 712. Strategic Export Control Board. 

This section establishes a Strategic Export Control Board under 

the chairmanship of the Department of State’s Under Secretary for 

Arms Control and International Security. The Board would be comVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00139 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
140 

prised of representatives of other Departments having export control policy or licensing responsibilities (such as Defense and Commerce) or related duties and jurisdiction for enforcement matters 

(such as the intelligence community, and the Departments of Justice and Homeland Security). Other agencies would also participate, as deemed appropriate. 

Following considerable review of various export control issues in 

the 108th Congress, and in the wake of two highly critical reports 

by the Government Accountability Office, the Committee is concerned that the United States Government system for strategic export controls is, in fact, no longer a ‘‘system’’ in the sense of various 

components integrated and interacting with one another harmoniously for a common purpose. The Committee is persuaded that 

the policy declarations set forth in section 703, along with a senior 

level re-examination, rationalization and, where appropriate, reordering of the programs and priorities which comprise this system— 

several of which are noted in section 712(b)—now need to move 

front and center in the Executive Branch’s approach to strategic export control policy development and execution. The Committee is 

seeking to establish, at an early date, a high degree of confidence 

that important United States interests with respect to sensitive exports are being safeguarded in the global war on terrorism and 

that this area of national security policy is being thoughtfully and 

fully integrated into United States counterterrorism and nonproliferation policy. 

Comprehensive Review of Threats. The Committee believes there 

needs to be a top-to-bottom review of current and future threats to 

the security of U.S. weapons and related technology that are sold 

or transferred to foreign persons. The Chairman and Ranking 

Member of the Committee have repeatedly raised doubts about the 

wisdom of policies and initiatives to relax controls over these items. 

These policies were put in place before 9/11. Many of these concerns were detailed in the Committee’s May 1, 2004, report, ‘‘U.S. 

Weapons Technology at Risk: The State Department’s Proposal to 

Relax Arms Export Controls to Other Countries.’’ The Committee 

remains extremely dubious of State Department proposals to exempt many terrorist weapons of choice, such as shoulder-fired missiles and military explosives, from U.S. Government export license 

requirements. The Committee is similarly concerned with State Department proposals to decontrol certain military aircraft and the 

supply of parts for those aircraft, particularly in light of strong objections from United States law enforcement agencies, as documented in GAO’s report, ‘‘Arms Export Control System in the Post9/11 Environment’’ (February 16, 2005, GAO–05–234). The Committee believes such proposals will only impair the U.S. Government’s ability to respond to current and future threats to United 

States national security. In this respect, the Committee has also 

noted the report of the National Intelligence Council’s 2020 Project, 

‘‘Mapping the Global Future,’’ December 2004, which foresees, in 

part, the possibility that the terrorist threat will become increasingly decentralized whereby training materials, targeting guidance, 

and weapons knowledge will increasingly become virtual or online; 

most terrorist attacks will continue to primarily employ conventional weapons; terrorists will likely move up the technology ladder 

to employ advanced explosives and unmanned aerial vehicles; terVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00140 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
141 

rorist use of biological agents is likely, and the range of options will 

grow; and terrorists will try to acquire and develop the capabilities 

to conduct cyber attacks for the purpose of causing physical damage to computer systems that control critical industrial processes. 

The Committee has noted additionally that, in contrast to virtually 

every other area of the Executive Branch concerned with national 

security policy—intelligence reform, nonproliferation policy, consolidation of homeland security functions, transformation of the armed 

forces, etc.—there has not been any significant change to United 

States strategic export control policies and programs since 9/11. At 

the request of the Chairman of the Committee, the Government Accountability Office (GAO) conducted an extensive analysis of the 

status of the State-administered arms export control system since 

9/11. GAO concluded that: (1) the Department of State has not 

made significant changes to the arms export control system since 

the terrorist attacks of September 2001, based on a view—unsubstantiated by any prior examination by the State Department— 

that such changes are not needed; and (2) the Department of 

State’s view is not based on any systematic assessment of the effectiveness of controls. (‘‘Arms Export Control Vulnerabilities and Inefficiencies in the Post-9/11 Security Environment,’’ April 7, 2005, 

GAO–05–468R). 

Resolving Vulnerabilities. While the Department of State has not 

conducted any systematic assessment of its controls, GAO has, documenting numerous vulnerabilities, risks and inefficiencies. GAO’s 

findings on this matter are summarized in a second report to the 

Chairman of the Committee, dated April 7, 2005, ‘‘Arms Export 

Control Vulnerabilities and Inefficiencies in the Post-9/11 Security 

Environment’’ (GAO–05–468R). The Committee is concerned that 

the scale of vulnerabilities identified by GAO appears to implicate 

numerous critical areas of United States strategic export controls, 

including: (a) a lack of clear jurisdiction, transparency and improper decisions regarding jurisdiction in sensitive areas, such as 

missile and night vision technology, creating risks that weapons 

technology may be exported without United States Government review and control; (b) weaknesses in the Executive Branch’s ability 

to confirm receipt and proper use of weapons exported through the 

Foreign Military Sales program (‘‘Actions Needed to Provide Better 

Control over Exported Defense Articles’’ GAO 03–599), a June 2003 

report to the Chairman of the Committee which has not been made 

publicly available due to Executive Branch concerns that its disclosure could adversely affect U.S. national security interests; (c) continued emphasis on license exemptions and other streamlining 

measures, although unlicensed exports are more easily diverted to 

unlawful use, complicate investigations, hamper prosecutions and, 

for these reasons, are generally opposed by United States law enforcement officials; and (d) failure of the pre-9/11 streamlining initiatives on their own terms to result in any process improvements, 

as reflected in (1) substantial rises in processing times for legitimate exports since 2003; and (2) unacceptable delays in processing 

urgent exports in support of United States-led coalition operations 

in Iraq and Afghanistan. 

U.S. Military Technological Superiority. The Committee notes 

that the first duty of the United States system for strategic export 

controls is to ensure the current and future military superiority of 

142 

United States Armed Forces. The Committee is concerned with the 

potential implications of various findings of GAO indicating that 

consistent standards and safeguards are not comprehensively applied with respect to technology critical to United States military 

superiority, such as night vision, missiles, low observable/counter 

low observable and other technologies. The Committee believes the 

Board must establish a high level of confidence in the procedures 

and safeguards related to export of such technology, as identified 

by the Secretary of Defense. The Committee also believes the 

United States should develop an aggressive strategy for the use of 

new and emerging technologies, such as tamper-resistant security 

software, anti-tamper technologies for hardware, and new ‘‘tagging’’ 

and monitoring technologies that can help provide increased confidence relative to advanced weapons technologies. 

Information Assurance Standards. The Committee is concerned 

that the responsible agencies have not provided the necessary guidance to United States defense firms or to United States friends and 

allies concerning an adequate level of protection for Internet-based 

networks, such as virtual private networks, which are increasingly 

utilized as the medium for a wide range of technical interactions 

between U.S. defense firms and their foreign partners, including 

for the transfer of design information about future U.S. weapons 

systems still in development. The Committee notes GAO’s findings 

of numerous violations associated with at least one major U.S. 

R&D program, including violations related to potentially very sensitive areas, such as Low Observable/Counter Low Observable technology (GAO–05–234). 

Delivery Verification and Confirmation. The Committee is concerned that the maintenance by the Departments of State, Defense 

and Commerce of separate, uncoordinated end-use monitoring programs, which only cover a small fraction of all weapons and related 

technology exported from the United States each year, are not taking full advantage of technological advances which many private 

carriers and the United States Postal Service have established to 

provide worldwide delivery confirmation of their shipments, in 

most instances, within 48 hours. The Committee believes the Board 

should explore a partnership with private industry and with 

United States friends and allies to establish a global Internet-based 

system for sensitive trade that could enhance confidence for the 

majority of shipments and help deter and detect attempts to divert 

sensitive shipments to unauthorized persons and countries. 

Standards of Service for United States Business. The Committee 

agrees with the view expressed by the Committee on Appropriations in House Report 109–118 concerning the Science, State, Justice, Commerce and Related Agencies Appropriations Bill, Fiscal 

Year 2006, that American industry is being hampered in the international marketplace by the lack of a clear-cut, well-understood 

and responsive export control policy. Moreover, the Committee is 

concerned that the United States cannot sustain the necessary 

commitments and support from United States business organizations for a stringent system of export controls over weapons and related technology if their interests in helping to meet the defense 

needs of United States friends and allies are harmed through protracted delays in approving licenses for legitimate exports. In this 

respect, the Committee is particularly troubled by the steady and 

143 

inexplicable rise in license processing times for the majority of 

cases at the Department of State since 2003, as documented extensively by GAO (GAO–05–234). The Committee is also concerned 

that this development can only undermine the United States’ interest in persuading other countries to strengthen their controls over 

weapons and related technology and in enhancing the international 

system of multilateral export controls more generally. 

The Committee commends the Department of Defense for the significant improvements it has made in reducing license review times 

in recent years, as documented by GAO, and notes that the overall 

30-day goal established in section 712(b)(6) would already be within the Executive Branch’s grasp had the State Department’s overall 

processing times not deteriorated since 2003. 

Organizational & Mission Responsibilities. The Committee notes 

that the basic organization for strategic export controls has not 

changed materially since the 1930s (in the case of arms export controls) and the 1950s (in the case of dual-use controls) when the 

United States faced different threats. The Committee takes no position at this time on whether this structure may also be the right 

one for the future. But, the Committee has noted numerous worrisome trends identified by GAO that raise serious questions about 

whether the Executive Branch system for strategic export controls 

is, in fact, a ‘‘system’’ in the commonly understood sense of various 

components integrated and interacting with one another harmoniously for a common purpose, and whether the current system is 

the one most capable of assuring United States security interests 

in the global war on terrorism. 

Budget and Staffing Anomalies. The Committee notes GAO’s 

findings that the Department of Commerce’s FY 2003 export control budget at $66 million is nearly two and one-half times the size 

of that of the Department of Defense ($27 million) and nearly five 

times that of the Department of State ($14 million), while the licensing workloads for the three agencies are arrayed in exactly the 

opposite order: State (54,700), Defense (29,700), Commerce 

(12,500). The President’s budget seeks an additional $10 million for 

the export control budget at the Department of Commerce in FY 

2006. Similarly, the number of full-time export control employees 

for the three agencies appears equally disproportionate: Commerce 

(367); Defense (163); State (65). 

Enforcement Anomalies. The Committee also notes that the Department of Commerce maintains a separate enforcement bureau 

comprised of approximately 100 special agents, though the Department of Homeland Security (formerly U.S. Customs Service) also 

has jurisdiction for dual-use violations. The Department of State 

has no cadre of criminal investigators for export control violations, 

but relies on the Department of Homeland Security for criminal investigations. There are currently no criminal or civil enforcement 

mechanisms for violations involving various forms of security assistance administered by the Department of Defense (other than for 

violations regarding classified information), which historically centered on activities carried out by officers and employees of governments, but which in recent years are increasingly carried out by 

private companies. 

Integrated Computer Networks. Real-time access and sharing of 

information by the three main agencies with each other and with 

144 

United States law enforcement and intelligence agencies via secure 

computer networks is poor in some areas and non-existent in others. The Committee is concerned that even the minimal standards 

established in section 1403 of Public Law 107–228 (Foreign Relations Authorization Act, Fiscal Year 2003) for secure electronic 

inter-agency communications remain unmet and is troubled by the 

Department of State’s disregard of the $4,000,000 funding authorization in the same act for database automation, as documented by 

GAO (See GAO–05–234), even while the Department’s computer 

modernization plans for defense trade have struggled to meet private industry expectations. 

Section 712(c) would require the Comptroller General to monitor 

the functions of the Board in the preceding areas and others within 

its mandate, and to provide independent assessments to Congress 

on the progress the Board is making in these matters. The Committee would also expect to stay closely involved directly with the 

Under Secretary, the Deputy Under Secretary and other members 

of the Board through periodic hearings and briefings over the next 

several years. 

Section 713. Authorization for Additional License and Compliance 

Officers. 

This section provides that up to $13 million shall be available for 

each of the fiscal years 2006 and 2007 for salaries and expenses related to the assignment of additional full-time license and compliance officers in the Department of State’s Directorate of Defense 

Trade Controls, provided that none of the funds authorized may be 

made available until 15 days after the submission of a written report to the Committee under section 634A(a) of the Foreign Assistance Act detailing the Department’s plans and timetable for measurable improvements in the quality and timeliness of the service it 

provides in support of United States Armed Forces abroad and routine exports by the U.S. business community, as well as enhanced 

compliance measures governing arms exports that are appropriate 

to the global war on terrorism. The Committee is requiring submission of a report under section 634A(a) in light of the findings of the 

Government Accountability Office (GAO–05–234) that additional 

resources authorized by section 1401 of Public Law 107–228 were 

not dedicated to licensing officer functions as intended by that authorization. The Committee has noted that the Department of 

State recently increased its schedule of fees for registration, which 

it is permitted to retain under the State Department Basic Authorities Act to offset the costs related to certain authorized activities, such as computer modernization and other automation needs 

and contract support. This section, however, concerns the critical 

mission functions of the Directorate of Defense Trade Controls carried out by munitions license and compliance officers which should 

continue to be supported from appropriated funds. 

SUBTITLE C—PROCEDURES RELATING TO EXPORT LICENSES

Section 721. Transparency of Jurisdictional Determinations. 

This section requires the Departments of State and Commerce to 

publish the results of their determinations concerning export jurisdiction in the Federal Register and on their Internet Web sites. 

145 

The information to be published would include a description of the 

item and whether it is included within the coverage of the United 

States Munitions List administered by the Department of State 

(and, if so, under which category) or, alternatively, whether the 

item is on the Commerce Control List (and, if so, under which export control classification number) or is otherwise subject to the 

Export Administration Regulations. Other information that may be 

appropriately protected from public disclosure on business confidentiality grounds (e.g., the name of the person making the request, customers, prices, contract values and the like) is not required to be disclosed. The Committee is concerned with the complete lack of transparency to the Congress and to the United States 

business community surrounding several hundred jurisdictional determinations made each year by the Department of State and several thousand such determinations made by the Department of 

Commerce each year. The Committee believes that the effectiveness of U.S. export controls is dependent, in the first instance, on 

knowledge by the exporting community of which items are controlled on which lists, and which are not controlled on either list. 

Section 722. Certifications Relating to Export of Certain Defense Articles and Defense Services. 

This section amends section 36(c) of the Arms Export Control Act 

to establish a procedure for the notification to Congress of so-called 

comprehensive export licenses, a relatively new licensing vehicle 

established by the previous administration in May 2000. Section 36 

does not currently provide a basis for congressional oversight of 

this new form of license, which will provide the legal basis for exports involving very sensitive weapons technology, such as the 

Joint Strike Fighter (JSF) program. Recognizing the necessity of 

assuring that Congress’ oversight role in this area is firmly established in law, the Department of State has also proposed an 

amendment to section 36, but recommends making the provision 

applicable to subsection (d) of that section. However, the Committee notes that section 36(d) concerns the manufacture abroad of 

significant military equipment, a matter that the Department previously informed Congress would not be within the scope of a comprehensive license for the JSF program. Similarly, section 27(g) of 

the act relating to notification of cooperative research and development agreements with other countries by the Department of Defense, such as the JSF program, provides ‘‘notwithstanding’’ authority with respect to the notification of associated export licenses 

under section 36(c), and not under section 36(d). For these reasons, 

the Committee believes the amendatory language is more appropriately directed to section 36(c). 

Section 723. Priority for United States Military Operations. 

This section directs the Department of State not to give preferential treatment in the processing of export licenses to licenses 

involving any defense trade ‘‘reform’’ initiatives over (e.g., ahead of) 

licenses needed for United States Armed Forces and allied forces 

participating in United States-led coalition operations. The extensive data analysis performed by the Government Accountability Office during its review of the Department of State’s arms export control system documented: (1) protracted processing times for licenses 

146 

urgently needed in support of Operation Iraqi Freedom and Operation Enduring Freedom; and (2) equivalent or, in some instances, 

faster processing times for relatively routine cases, such as certain 

‘‘reform’’ initiatives related to the Defense Trade Security Initiative 

(DTSI) of May 2000 concerning transatlantic defense industrial cooperation. For example, in a letter to the Chairman of the Committee dated June 8, 2005, GAO has reported median processing 

times during fiscal year 2003 of 6 days and 7 days for exports to 

France and Germany, respectively, of 21 licenses involving the socalled defense capabilities initiatives (one of the DTSI initiatives), 

while 15 licenses for exports to Canada in support of Operation Enduring Freedom in same time period had a median processing time 

of 17 days, or more than twice as long. Similarly, in a June 13, 

2005 letter to the Chairman of the Committee, GAO identified export licenses for various shipments involving direct support to U.S. 

and allied armed forces in Iraq and Afghanistan, and other allied 

government recipients, such as the Coalition Provisional Authority, 

which generally required several weeks to process and, in some 

cases, even longer. 

Section 724. License Officer Staffing and Workload. 

This section requires the Department of State to include, in the 

quarterly report prepared for Congress under section 36(a), information on the number of officers assigned to munitions export licensing and their workloads, permitting the Committee to monitor 

more closely implementation of relevant provisions in the Foreign 

Relations Authorization Act, Fiscal Year 2003 (Public Law 107– 

228). The Committee is concerned that the Department of State’s 

processing times for munitions exports have deteriorated steadily 

over the past 2 years, while relevant provisions of that act intended 

to prevent such a development remain unimplemented nearly 3 

years after enactment. 

Section 725. Database of United States Military Assistance. 

This section amends section 655 of the Foreign Assistance Act to 

require that the information on the quantities, types and value of 

United States Munitions List items transferred or licensed for export abroad by the United States for each foreign country, which 

are already available through the Internet from the Web sites of 

the Departments of State and Defense, should henceforth also be 

maintained in a database format that can be searched and queried 

by the general public. 

Section 726. Training and Liaison for Small Businesses. 

This section requires the Department of State office responsible 

for processing munitions export licenses to designate a coordinator 

for small business affairs in order to assist those small United 

States defense firms, which typically lack the legal and representational capabilities in Washington, DC of larger firms, in the intricacies of the State Department’s export license and registration procedures. 

Section 727. Commercial Communications Satellite Technical Data. 

This section requires the Secretary of State to establish an exemption from export licensing in the International Traffic in Arms 

147 

Regulations for certain technical data related to foreign sales marketing by United States persons of commercial communications satellites under certain conditions and on the basis of technical parameters for the exempted data to be established by the Secretary 

of Defense. The Committee has noted the State Department’s proposal to establish such an exemption on the basis of requirements 

that would generally be determined by the foreign purchaser. The 

Committee favors flexibility in the licensing process in order to 

help ensure the competitiveness of United States satellite manufacturers, but believes that the responsibility for establishing technical requirements appropriately lies with the Secretary of Defense. The Committee would expect the Department of Defense to 

consult closely with interested United States firms in fashioning 

the technical parameters for such an exemption. 

Section 728. Reporting Requirement for Unlicensed Exports. 

This section amends section 655 of the Foreign Assistance Act to 

require the inclusion of information and greater transparency to 

Congress concerning the volume and types of defense articles being 

exported without a license. The Committee has noted the growing 

emphasis by the Department of State in recent years in the context 

of its export control reform agenda on the use of exemptions from 

export license requirements and is concerned that data about such 

unlicensed exports of weapons technology be reported to Congress, 

along with data for licensed exports already reported under section 

655. 

SUBTITLE D—TERRORIST-RELATED PROVISIONS AND ENFORCEMENT

MATTERS

Section 731. Sensitive Technology Transfers to Foreign Persons Located Within the United States. 

This section requires the Secretary of State to provide an annual 

report to Congress, in consultation with the Attorney General and 

the Secretary of Homeland Security, on certain sensitive items warranting scrutiny through the license procedure before a transfer to 

a foreign person may take place in the United States in order to 

deter illegal acquisition efforts by foreign persons for terrorist or 

other unlawful purposes. Henceforth, the President would require 

a license for any United States Munitions List items specified in 

that report under longstanding authority provided in section 

38(g)(6) of the Arms Export Control Act. The State Department’s 

current list of such items requiring a license under section 38(g)(6) 

covers only naval vessels, aircraft, satellites and technical data, 

and has not been revised since 9/11 to include consideration of 

whether this requirement should be expanded to include defense 

articles presenting particular threats in the war on terrorism, such 

as shoulder-fired missiles, military explosives, biological weapons 

and other dangerous items. Similarly, the President would be authorized (but not required) to impose a license requirement in the 

case of any sensitive dual-use items so specified. During the 108th 

Congress, the House agreed to a nearly identical provision applicable to the Department of State in section 1102 of H.R. 1950 (Foreign Relations Authorization Act, Fiscal Years 2004 and 2005), 

148 

which was passed by a recorded vote (382–42) on July 16, 2003, but 

not enacted. 

Section 732. Certification Concerning Exempt Weapons Transfers 

Along the Northern Border of the United States. 

This section requires the Secretary of State to submit a written 

report, in consultation with the Secretary of Homeland Security, 

within 6 months of enactment of this act, and annually thereafter, 

in which two certifications are required: (1) that there is no national security risk arising from an exemption in the International 

Traffic in Arms Regulations (ITAR) permitting any foreign person 

to bring any unclassified weapons temporarily into the United 

States from Canada without prior United States Government review and approval through a State Department temporary import 

license; and (2) that the Department of State is providing the guidance necessary for Department of Homeland Security Customs and 

Border Protection personnel to detect and enforce unlawful use of 

a license exemption permitting unlicensed weapons exports to Canada. 

Temporary Imports of Weapons Technology. The Department of 

State has responsibility for controlling the temporary import of any 

item on the United States Munitions List. The Committee is concerned that the Department of State’s regulations (i.e., the ITAR at 

section 126.5(a) (22 CFR § 126.5(a)) provide an unqualified exemption for any foreign person to import temporarily into the United 

States from Canada any unclassified weapons system, munitions or 

other military system or equipment. It is estimated that upward of 

99 percent of all weapons controlled under ITAR are unclassified. 

The Committee has noted that, following the arrest of Ahmed 

Ressam (the so-called ‘‘millennium bomber’’) who entered the 

United States from Canada with a carload of explosives destined 

for targets in Los Angeles, the Department of State published an 

amendment to the ITAR effective May 30, 2001, (66 FR 10575) affecting permanent and temporary exports to Canada, but left unchanged those provisions in the regulations permitting unlicensed 

temporary weapons imports from Canada and they continue unchanged to the present day. The Chairman of the Committee drew 

attention to this matter on April 7, 2005, in a statement accompanying public release of GAO’s report detailing weaknesses in 

United States weapons control policy since 9/11. The Committee expects the Secretary of State to consult with the Secretary of Homeland Security expeditiously in order to restrict use of the unlicensed temporary import exemption to those agencies of the Canadian Government, their authorized representatives and other persons having bona fide requirements in this area, and to restrict additionally the categories of weapons eligible for such license-free 

temporary import by excluding those presenting a particular threat 

to the national security interests of the United States, such as 

shoulder-fired missile systems and weapons of mass destruction. 

Permanent and Temporary Exports of Weapons Technology. The 

House Committee on International Relations noted in the Committee’s report of May 1, 2004, ‘‘U.S. Weapons Technology at Risk: The 

State Department’s Proposal to Relax Arms Export Controls to 

Other Countries’’ that the exemption from license requirements for 

weapons transfers to Canada had spawned the establishment in 

149 

that country during the 1990s of illegal arms acquisition networks 

by a ‘‘who’s who’’ of rogue governments. In response to this development, the Department of State implemented a revised exemption 

procedure with Canadian authorities, effective May 30, 2001 (66 

FR 10575). GAO conducted an assessment shortly thereafter (‘‘Lessons to be Learned from the Country Export Exemption,’’ March 

29, 2002, GAO–02–63) and found that the State Department had 

provided inconsistent answers to exporters and U.S. Customs Service officials when questions were raised about the revised exemption’s use. GAO recommended that State provide guidance to U.S. 

Customs to ensure proper enforcement of the exemption along the 

northern border and to work with the Justice Department and U.S. 

Customs to assess lessons learned from past diversions of U.S. 

weapons technology through unlawful use of the exemption. However, GAO recently informed the Chairman of the Committee that, 

more than 3 years later, the State Department has not implemented these recommendations. GAO also pointed out in a related 

report (GAO–05–234), that there are currently fewer Customs and 

Border Patrol Personnel available for inspection of ‘‘outbound’’ 

shipments of weapons technology than there are ports of exit in the 

United States, due in part to the increased emphasis since 9/11 

that the Department of Homeland Security has properly accorded 

to preventing illegal shipments into the United States. Therefore, 

the long awaited guidance from State on the Canadian exemption 

procedures has become even more urgent. The Committee expects 

the Secretary of State to provide the necessary guidance to the Secretary of Homeland Security on an urgent basis, and to ensure that 

this guidance is kept up-to-date. 

Section 733. Comprehensive Nature of United States Arms Embargoes. 

This section amends Section 38 of the Arms Export Control Act 

to require that United States Munitions List items under the State 

Department’s jurisdiction and dual-use goods and technology subject to the Commerce Department’s jurisdiction under the Export 

Administration Regulations may only be transferred to the military, intelligence or other security forces of a country to which the 

United States prohibits arms sales through issuance of an export 

license in which the Secretaries of Defense and State concur. A report to Congress on implementing actions would also be required 

within 120 days of enactment. Section 1105 of H.R. 1950 (agreed 

to by the House during the 108th Congress) contained a nearly 

identical provision. Currently, the United States prohibits arms 

sales to Afghanistan (except for governmental authorities), Belarus, 

Burma (Myanmar), China, Cote d’Ivoire, Cuba, Cyprus (except for 

U.N. forces and civilian end use), Democratic Republic of Congo 

(except for certain governmental authorities), Haiti (except for certain governmental authorities), Indonesia (except for ‘‘non-lethal’’ 

items), Iran, Iraq (except for certain governmental authorities and 

private security), Liberia, Libya, North Korea, Rwanda (except for 

governmental authorities), Somalia, Sudan, Syria, Vietnam, Yemen 

(except for ‘‘non-lethal’’ items) and Zimbabwe. 

150 

Section 734. Control of Items on Missile Technology Control Regime 

Annex. 

This section requires an annual certification by the Secretary of 

State to ensure that United States missile technology export controls are clearly established and kept up-to-date. A GAO report of 

October 9, 2001 (GAO–02–120) documented ambiguous export control jurisdiction affecting a large portion (25 percent) of all missilerelated items controlled on the Missile Technology Control Regime 

(‘‘MTCR’’) and the continued absence of license requirements for 

many MTCR dual-use items when exported to Canada. The Department of Commerce subsequently published a regulation to clarify 

its jurisdiction over certain MTCR items, while a longer term solution for all missile technology was to emerge in the context of an 

ongoing review of the United States Munitions List. More than 4 

years later, no such solution has emerged and it appears that the 

primary focus of the Department of State’s Munitions List review 

during this period has not been missile technology, but on pruning 

the Munitions List in other areas. Similarly, Commerce has yet to 

impose a license requirement on MTCR exports to Canada and, instead, has recently published a second notice in the past 4 years 

of its intention to do so. During the 108th Congress the House 

agreed to a nearly identical version of this provision in section 1201 

of H.R. 1950 supra. 

Section 735. Unlawful Use of United States Defense Articles. 

This section amends section 3 of the Arms Export Control Act in 

two ways: (1) any unauthorized use of a United States defense article by a foreign person to conduct a transaction with a country designated as a state sponsor of international terrorism would necessitate a report to Congress; and (2) the requirement for a report to 

Congress on unauthorized re-transfers by foreign persons of United 

States defense articles would be expanded to include articles licensed under section 38 of the act (in addition to those sold by the 

U.S. Government under chapter 2 of the act). Section 1101 of H.R. 

1950 agreed to by the House during the 108th Congress, contained 

a nearly identical provision. 

SUBTITLE E—STRENGTHENING UNITED STATES MISSILE

NONPROLIFERATION LAW

Section 741. Probationary Period for Foreign Persons. 

This section requires that any foreign person, entity or government that has been sanctioned under U.S. law for missile transfer 

violations, after the period of formal sanctions expire, will be subject to a probationary period of special monitoring for granting 

dual-use licenses to that foreign person, entity or government for 

a period of 3 years, unless the President informs Congress that the 

person, entity or government has verifiably ceased all such activity 

and instituted a program of transparency to verify that fact. This 

is necessary to increase the costs of engaging in missile trade. 

When the existing 2-year sanctions expire, the foreign person is 

again eligible for U.S. contracts without any need to demonstrate 

changed behavior. Placing such formerly-sanctioned persons on a 

‘‘Watch List’’ (the Entity List of the EAR), as well as increasing the 

duration of formal sanctions, places foreign persons and governVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00150 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
151 

ments on notice that there is a continuing cost to missile trade 

through increased scrutiny of U.S. exports, as well as the continuing stigma of having trafficked in ballistic missiles. 

Section 742. Strengthening United States Missile Proliferation 

Sanctions on Foreign Persons. 

This section increases the period of U.S. missile sanctions from 

2 to 4 years. 

Section 743. Comprehensive United States Missile Proliferation 

Sanctions on All Responsible Foreign Persons. 

This section expands the applicability of U.S. missile sanctions to 

all responsible foreign persons, including responsible governmental 

entities. This comprehensiveness is necessary to deter governments 

from using shell or ‘‘cut-out’’ companies to engage in the actual 

trade and transfer of missiles while avoid becoming vulnerable to 

U.S. sanctions. 

SUBTITLE F—SECURITY ASSISTANCE AND RELATED PROVISIONS

Section 751. Authority to Transfer Naval Vessels to Certain Foreign 

Countries. 

This section authorizes the transfer of eight decommissioned 

United States naval vessels to other countries: Five by grant 

(Greece, Egypt (two), Pakistan, and Turkey); and three by sale 

(India, Greece, and Turkey). The Congress previously authorized 

the transfer of two of these vessels, the O’BANNON (DD 987) and 

the FLETCHER (DD 992), to Chile under section 1014 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375). However, the arrangements concerning 

those transfers to Chile did not come to fruition. 

Section 752. Transfer of Obsolete and Surplus Items from Korean 

War Reserves Stockpiles and Removal or Disposal of Remaining 

Items. 

This section provides a 5-year authorization for the Secretary of 

Defense to transfer to the Republic of Korea certain obsolete or surplus items in the inventory of the Department of Defense on the 

basis of negotiated concessions and advance notification to the 

Committee describing the items to be transferred and the concessions that have been negotiated. 

Section 753. Extension of Pakistan Waivers. 

This section extends through fiscal year 2007 the President’s authority to exercise waivers of foreign assistance restrictions regarding Pakistan. An act to authorize the President to exercise waivers 

of foreign assistance restrictions with respect to Pakistan was approved October 27, 2001 (Public Law 107–57) and covered the period through September 30, 2003. Section 2213 of the Emergency 

Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108–106) 

amended Public Law 107–57 to authorize such waivers through fiscal year 2004. Section 7103 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458) further 

152 

amended Public Law 107–57 to extend the President’s waiver authority to fiscal years 2005 and 2006. 

Section 754. Reporting Requirement for Foreign Military Training. 

This section changes the date for submission of the annual military training report to Congress required by section 656 of the Foreign Assistance Act of 1961 from January 31 to March 1 in order 

to conform the deadline for this reporting requirement to a related 

report on foreign military training required under section 564 of 

the Kenneth M. Ludden Foreign Operations, Export Financing, and 

Related Appropriations Act, 2002 (Public Law 107–115). 

Section 755. Certain Services Provided by the United States in Connection with Foreign Military Sales. 

This section amends section 21 of the Arms Export Control Act 

to add Australia, New Zealand, Japan and Israel to the countries 

eligible to receive quality assurance and cataloging services on a 

reciprocal basis, without charge. Under existing law such services 

are limited to the member states of the North Atlantic Treaty Organization. 

Section 756. Maritime Interdiction Patrol Boats for Mozambique. 

This section authorizes $1 million from amounts appropriated in 

fiscal year 2006 to provide the Government of Mozambique with 

four excess coastal patrol boats. These boats are to be used for patrol and interdiction purposes and to help prevent the transshipment of drugs into Mozambique. The authorized funds may 

also be used for the refurbishment, training and related costs associated with the boats. 

Section 757. Reimbursement for International Military Education 

and Training. 

This section amends section 541 of the Foreign Assistance Act of 

1961 to provide, in the case of countries such as Israel using 

United States Foreign Military Financing to purchase United 

States military education and training at rates which are comparable to the rates assessed countries receiving International Military Education Training grant assistance. 

TITLE VIII—NUCLEAR BLACK MARKET ELIMINATION ACT 

The revelation in 2004 of a widespread nuclear black market network exposed a major breach in the global nuclear nonproliferation 

regime. Over the past decade, members of this network sold equipment used in the production of nuclear material to Libya, Iran, and 

North Korea, and nuclear weapon designs to Libya and perhaps 

others. The extent of this network’s activities are not yet fully 

known, but it is clear that it, or a similar operation, could provide 

equipment, materials and weapon designs not only to anti-Western 

regimes, but also to nongovernmental actors, such as terrorist 

groups. 

The emergence of private nuclear supplier networks poses a 

grave threat to U.S. and international security and could severely 

undermine the entire edifice of the global nuclear nonproliferation 

regime. Global nonproliferation policies, treaties, and agreements 

have historically been based on the assumption that nuclear weapVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00152 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
153 

ons-relevant technology, equipment and materials could be developed and spread only by those governments which possess the technological, scientific, material and economic resources needed to develop or acquire a nuclear capability. It has now been demonstrated that private suppliers in other countries, with or without 

the approval or acquiescence of their governments, can provide 

countries such as Iran with the means to accelerate their nuclear 

weapons development capability. 

This threat will not vanish with the dismantlement of the existing nuclear black-market network. It has already demonstrated 

that nongovernmental actors can supply a wide range of nuclear 

equipment and technology at enormous profit to themselves. Unless 

the United States and the international community erect effective 

barriers and raise the costs of engaging in such proliferation activity, others will undoubtedly seek to profit from similar activities. 

The U.S. is attempting to dismantle this network, but it lacks 

many of the tools needed to discover, eliminate and deter future 

nuclear black market activities. Title VII, ‘‘The Nuclear Black Market Elimination Act,’’ provides the President with these tools, while 

also increasing congressional oversight. 

SUBTITLE A—SANCTIONS FOR TRANSFERS OF NUCLEAR ENRICHMENT, 

REPROCESSING, AND WEAPONS TECHNOLOGY, EQUIPMENT AND MATERIALS INVOLVING FOREIGN PERSONS AND TERRORISTS. 

Section 811. Authority to Impose Sanctions on Foreign Persons. 

This section authorizes the President to prohibit certain U.S. 

transactions with any foreign person, company or group that provides nuclear material enrichment or reprocessing equipment, materials, or technology to a non-nuclear weapon state that does not 

already possess functioning enrichment or reprocessing facilities 

and does not have in force an Additional Protocol; or is developing, 

manufacturing or seeking to acquire a nuclear explosive device. 

Section 811’s authority also applies to prohibitions regarding foreign entities that transfer weapons-related equipment or materials 

to a non-nuclear state or foreign person. 

This section helps to institute the President’s proposals put forth 

in a speech in February 2004, in which he proposed halting trade 

in equipment, materials and technology for facilities to enrich uranium and for the production of plutonium (known as reprocessing) 

to countries that do not already possess such facilities. The global 

nuclear black market network, revealed just a month earlier, had 

provided such technology and even equipment. The President also 

called for countries to adhere to the Additional Protocol to the Safeguards Agreement between the IAEA and its member states (Additional Protocol) for enhanced safeguard inspections with the IAEA, 

which gives the Agency greatly enhanced authority to inspect and 

investigate a country’s compliance with its commitments under the 

Treaty on the Nonproliferation of Nuclear Weapons (NPT). 

Section 812. Presidential Notification on Activities of Foreign Persons. 

This section directs the President to report annually to Congress 

on the activities of any foreign person described in Section 811. 

Even if the President decides not to implement a sanction based on 

154 

the foreign person’s activity, Congress will be kept informed regarding those activities. This provision will assist Congress in its 

oversight role concerning an Administration’s conduct of nonproliferation policy with regard to illicit nuclear proliferation networks. This report will also provide a means for Congress to assess 

whether the countries in which those foreign persons are located 

are taking effective action to prevent such activity. 

SUBTITLE B—FURTHER ACTIONS AGAINST CORPORATIONS ASSOCIATED

WITH SANCTIONED FOREIGN PERSONS

Section 821. Findings. 

This section declares that since many foreign persons and corporations are motivated by profit to engage in proliferation activities, the U.S. must seek to punish them financially for their actions, including those undertaken by subsidiaries. 

Section 822. Campaign by United States Government Officials. 

This section directs the President to instruct all agencies to make 

every effort in their interactions with foreign government and business officials to persuade them not to engage in any business transaction with a foreign person sanctioned under Section 811 above, 

including any parent or subsidiary of the sanctioned entity, for the 

duration of the sanctions period. 

Section 822 does not authorize the imposition of actual sanctions 

against the parent of subsidiary entities of the sanctioned foreign 

person. It does direct the U.S. to use the full persuasive powers of 

the United States Government to convince other governments to 

commercially punish any parent or subsidiary of a sanctioned foreign entity engaging in proliferation activity as a means of achieving greater oversight and control of the actions of such entities. 

Section 823. Coordination. 

This section requires the Secretary of State to coordinate U.S. actions outlined in Section 822. 

Section 824. Report. 

This section requires an annual report by the Secretary of State 

to Congress on the actions taken under Section 822. 

SUBTITLE C—INCENTIVES FOR PROLIFERATION INTERDICTION

COOPERATION

Section 831. Authority to Provide Assistance to Cooperative Countries. 

This section authorizes the President to provide, on such terms 

as the President considers appropriate, assistance under section 

832 to any country that cooperates with the United States and 

other allied countries to prevent the transport and transshipment 

of items of proliferation concern in its national territory or airspace 

or in vessels under its control or registry. 

Section 832. Types of Assistance. 

This section authorizes assistance Section 831 to include Foreign 

Military Financing, Economic Support Funds, and draw down auVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00154 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
155 

thority under the Arms Export Control and Foreign Assistance 

Acts. 

Section 833. Congressional Notification. 

This section requires a 30-day notification in advance of provision of such assistance, in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the 

Foreign Assistance Act. 

Section 834. Limitation. 

This section states that assistance to a country under section 831 

is limited to 3 fiscal years. 

Section 835. Use of Assistance. 

This section states that assistance provided under this Subtitle 

shall be used to enhance the capability of the recipient country to 

interdict items of proliferation concern in its national territory or 

airspace. 

Section 836. Limitation on Ship or Aircraft Transfers to Uncooperative Countries. 

This section limits the transfer of excess military ships or aircraft to a country that has not agreed that it will support and assist efforts by the United States to interdict items of proliferation 

concern until 30 days after the date on which the President has 

provided notice to Congress in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of 

the Foreign Assistance. 

This section also provides an incentive to countries that are eligible to receive excess U.S. military vessels and aircraft to support 

U.S. efforts to interdict items of proliferation concern, such as 

through the Proliferation Security Initiative (PSI). To ensure the 

President sufficient flexibility in seeking support from other countries for the PSI and related activities, this section does not require 

the conclusion of a formal bilateral instrument, nor does it set requirements for the form that a country’s assent to support and assist U.S. efforts must take. 

SUBTITLE D—ROLLBACK OF NUCLEAR PROLIFERATION NETWORKS

Section 841. Nonproliferation as a Condition of United States Assistance. 

This section declares U.S. policy to provide foreign assistance 

only to countries that: (1) are not cooperating with any state, group 

or individual involved in efforts promoting nuclear terrorism; and 

(2) are fully and completely cooperating with the United States in 

its efforts to eliminate nuclear black market networks or activities. 

Section 842. Report on Identification of Nuclear Proliferation Network Host Countries. 

This section requires an annual report that identifies any country in which manufacturing, brokering, shipment, transshipment, 

or other activity occurred in connection with the transactions of existing nuclear proliferation networks and illicit activities. It also requires the report to describe the extent to which such country is, 

156 

in the opinion of the President, fully cooperating with the United 

States in its efforts to eliminate this network and any other nuclear proliferation networks or activities. 

Section 843. Suspension of Arms Sales Licenses and Deliveries to 

Nuclear Proliferation Network Host Countries. 

This section temporarily suspends arms sales, and makes available a waiver for such suspension, for countries that the President 

has identified in the annual report where nuclear black market activities have occurred. Its purpose is to ensure that these countries 

have an incentive to cooperate with the U.S. to eliminate such activities. Given the grave threat posed to U.S. and global security 

by these activities, suspending U.S. arms sales until such cooperation is forthcoming is a reasonable and measured incentive for encouraging such cooperation. This provision does not focus on any 

one country or any existing network, but envisions application globally and to future nuclear black market networks and activities. 

Given the Administration’s testimony to Congress regarding the cooperation it is receiving from countries in which activities related 

to an existing nuclear black market network have taken place, it 

is assumed that the President will expeditiously make the certifications required under this section. 

This section requires the temporary suspension of licenses for 

U.S. arms sales to any country identified in the report under Section 842 until the President certifies to Congress that the country 

has fully investigated or is fully investigating the activities of any 

person or entity involved in nuclear proliferation activities within 

its territory; has taken or is taking effective steps to permanently 

halt similar illicit nuclear proliferation or acquisition activities; has 

been,or is fully cooperating with the United States and other appropriate international organizations in investigating and eliminating nuclear proliferation networks and activities; and has enacted, or is enacting, new laws, regulations or practices to prevent 

future such activities. 

This section also allows the President to waive this suspension 

of licenses if the President certifies that the waiver is important to 

the national security of the United States. 

SUBTITLE E—GENERAL PROVISIONS

Section 851. Definitions. 

This section defines various terms used in this title. 

TITLE IX—FOREIGN ASSISTANCE PROVISIONS 

SUBTITLE A—FOREIGN ASSISTANCE ACT OF 1961 AND RELATED

PROVISIONS

CHAPTER I—PART I OF THE FOREIGN ASSISTANCE ACT OF 1961

Section 901. Assistance to Establish Centers for the Treatment of 

Obstetric Fistula in Developing Countries. 

This section authorizes appropriations of $5 million for each of 

fiscal years 2006 and FY 2007 in order to provide for treatment of 

obstetric fistula in developing countries. 

Rape, other physical abuse or untreated, obstructed labor can 

lead to a fistula, or hole, between a woman’s birth passage and one 

157 

or more of her internal organs. An estimated two million women 

globally suffer from this condition, which is responsible for about 

8% of the half million worldwide maternal deaths annually. Approximately 50,000 to 100,000 new cases of fistula are added each 

year. 

USAID has concentrated on prevention of fistula through a variety of initiatives that include increased availability to emergency 

care for fistula victims and increased attendance of skilled medical 

personnel at delivery. 

The provision authorizes the President to establish not less than 

twelve centers for the treatment of obstetric fistula in developing 

countries. Each center shall provide, to the maximum extent possible, surgery to repair obstetric fistula in women who do not have 

the resources to pay for such surgery and after care, transportation 

to and from the center for women in need, provide food and shelter 

as needed to those women, engage in activities to reduce the incidence of obstetric fistula, including seminars and dissemination of 

brochures, pamphlets, posters, and other educational material. 

Section 902. Support for Small and Medium Enterprises in Sub-Saharan Africa. 

This section authorizes the Overseas Private Investment Corporation (OPIC) to provide insurance and guarantees to financial 

institutions to expand investment and lending opportunities to 

small and medium enterprises owned substantially by Africans. It 

further provides for technical support programs for African financial institutions to improve the quality of their management, create 

effective credit risk management systems and effective credit risk 

management. 

Section 903. Assistance to Support Democracy in Zimbabwe. 

This section authorizes $12 million for each of fiscal years 2006 

and 2007 in Development Assistance and Economic Support Funds 

for promoting democracy in Zimbabwe, in accordance with the provisions of the Zimbabwe Democracy and Economic Recovery Act of 

2001. 

Since 2001, the situation in Zimbabwe has deteriorated. A recent 

government crackdown has resulted in the destruction of scores of 

small businesses, more than 22,000 arrests, and the displacement 

of tens of thousands of Zimbabweans during their winter. 

The funds will support the fostering of free and fair electoral 

processes in Zimbabwe, capacity building for civil society organizations to provide information on the political process to citizens, 

training for political parties, poll watcher training, and the reestablishment of independent media through overseas broadcasts and 

Internet sites in Zimbabwe, and provides for the support and promotion of human rights groups. 

Section 904. Restrictions on United States Voluntary Contributions 

to the United Nations Development Program. 

This section provides that of the amounts made available for 

each of the fiscal years 2006 and 2007 for the U.S. voluntary contribution to the United Nations Development Program (UNDP), an 

amount equal to the amount UNDP will spend in Burma during 

each fiscal year shall be withheld unless during such fiscal year the 

158 

Secretary of State submits to the appropriate Congressional Committees a certification that UNDP programs in Burma: (1) are focused on eliminating human suffering and addressing the needs of 

the poor; (2) are undertaken only through international or private 

voluntary organizations; (3) provide no benefit, directly or indirectly, to the ruling military junta; and (4) are carried out only 

after consultation with the leadership of Burma’s democratic opposition. In determining whether UNDP assistance provides financial, 

political or military benefit to the SPDC or any agency or entity of, 

or affiliated with the SPDC, the Secretary shall ensure that no 

goods, services, or per diems are provided. In addition, not later 

than 180 days after the enactment of this act and every 180 days 

thereafter during fiscal years 2006 and 2007, the Secretary of State 

shall submit to the appropriate Congressional Committees a report 

on UNDP programs and activities in Burma. 

Section 905. Assistance for the Office of the Police Ombudsman for 

Northern Ireland. 

This section authorizes $100,000 for each of fiscal years 2006 and 

2007 appropriated under the ‘‘International Narcotics Control and 

Law Enforcement’’ account for specialized investigative training 

and advisory support for the Office of the Police Ombudsman for 

Northern Ireland for the development and strengthening of its institutional capacity and investigations of human rights abuses by 

the police. The Office of the Police Ombudsman was created by the 

Good Friday Agreement as an independent impartial police complaints system for the people of all communities in Northern Ireland. The Ombudsman’s Offices are not part of the Police Service 

of Northern Ireland, and under the leadership of its independent 

Ombudsman, Nuala O’Loane, the office has been a catalyst for police reform. The Police Ombudsman’s office has been recognized as 

an effective mechanism for holding the police in Northern Ireland 

accountable and helping people develop some confidence in a policing service that has faced credible charges of collusion. In 1999, 

Congress adopted legislation (P.L. 106–113, Division B) that required the U.S. to vet, for human rights abuses, any members of 

the police force of Northern Ireland who were selected to participate in exchange and training programs in the U.S. 

This provision builds on that program and seeks to specifically 

enhance training of those in Northern Ireland who are charged 

with holding the police accountable and ensuring that policing is 

carried out in accordance with human rights standards. 

Section 906. Report on Foreign Law Enforcement Training and Assistance. 

This section requires that the annual International Narcotics 

Control Strategy Report of the Department of State include a new 

section on law enforcement training and assistance around the 

world which is being conducted by major U.S. agencies, including 

the Department of State, the Department of Defense, the Department of Justice, and the United States Agency for International 

Development. The new section is to be divided into three parts— 

training, other forms of assistance, and country-specific information. Each part will report, at least, on numbers of foreign law enVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00158 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
159 

forcement personnel receiving assistance, types of assistance, and 

particulars of funding sources for the assistance. 

Section 907. Assistance for Disaster Mitigation Efforts. 

This section expresses a sense of Congress that the Secretary of 

State, in consultation with heads of other agencies and departments of the United States Government, should develop an initiative to encourage the use of disaster mitigation techniques, including building in safer locations, constructing sturdier dwellings, enforcing sound building codes and practices, and protecting natural 

ecosystems, by foreign governments in regions that are considered 

especially vulnerable to natural disasters. It also amends the Foreign Assistance Act of 1961 to allow U.S. disaster assistance to be 

used for disaster mitigation. 

Section 908. Assistance to Promote Democracy in Belarus. 

This section authorizes $12 million for each of fiscal years 2006 

and 2007 from Freedom Support Act funds for the promotion of democracy in Belarus. These democratic reforms include a free and 

fair electoral process, the development of political parties and nongovernmental organizations promoting democracy and respect for 

human rights and the rule of law, independent media, and international exchanges and training programs for leaders and members 

of the democratic forces that foster civil society. 

Belarus receives less Freedom Support Act (FSA) assistance than 

any other country besides Turkmenistan. U.S. support for the 

struggling forces of democracy has diminished over the course of 

the last few years, from $9.04 million in FSA funding in fiscal year 

2003, to $8 million in fiscal year 2004, to an estimated $6.5 million 

in fiscal year 2005 and $7 million in the President’s Budget Request for fiscal year 2006. Alexander Lukashenka’s dictatorial regime maintains a repressive form of governance, and it is vital for 

the United States to offer more funding to strengthen democratic 

forces within Belarus prior to the upcoming planned presidential 

elections in 2006. Lukashenka continues to exercise a monopoly 

over the information space, and repression against members of 

democratic opposition parties, independent media and nongovernmental organizations is growing. Secretary of State Rice designated 

Belarus one of six ‘‘outposts of tyranny’’ as a principal focal point 

for the promotion of democracy. 

Section 909. Assistance for Maternal and Prenatal Care for Certain 

Individuals of Belarus and Ukraine Involved in the Cleanup of 

the Chornobyl Disaster. 

This section authorizes such sums as may be necessary from 

Freedom Support Act funds for each of fiscal years 2006 and 2007 

to improve maternal and prenatal care for the victims in Belarus 

and Ukraine involved in the cleanup of the region affected by the 

Chornobyl nuclear disaster. 

Nearly 20 years after the Chornobyl disaster, there is a large increase in chromosome damage and birth defects now affecting the 

new generation in Belarus and Ukraine. A number of health studies have indicated spikes in chromosome damage as high as sevenfold. This is particularly the case among the more than 600,000 

emergency workers, firefighters, miners and construction workers 

160 

who were exposed to exceedingly high levels of radiation during the 

1986 cleanup effort. Parents in the affected region are still being 

exposed to radioactive fallout as well. 

With respect to certain types of birth defects (e.g. respiratory distress, anemia, severe cleft palates and facial deformities, missing 

digits or limbs, damaged, missing or malformed critical organs and 

certain types of telltale cardiac defects linked to radiation exposure), pregnant mothers can be monitored and prenatal care can 

bolster the mother’s ability to carry the child to term, and the 

child’s ability to increase in weight. Training of medical personnel 

helps improve prenatal care, and for congenital heart defects, the 

condition can be detected in utero, monitored and preparations 

made for surgical intervention after birth. 

In this fragile transition period, it is important for the United 

States to foster goodwill towards the people of Belarus and 

Ukraine. Furthermore, it is important to demonstrate support for 

the new democratic government in Ukraine not only with economic 

and political support, but also by meeting tangible social and 

health needs. 

Section 910. Assistance to Address Non-infectious Diseases in Foreign Countries. 

This section makes a statement of policy that medical evidence 

indicates that non-infectious diseases such as heart disease and 

obesity are on the rise worldwide, and U.S. AID funding does not 

address this situation. The section authorizes assistance to address 

non-infectious diseases in foreign countries. 

CHAPTER 2—PART II OF THE FOREIGN ASSISTANCE ACT OF 1961

Section 921. Economic Support Fund Assistance for Egypt. 

Subsection (a) consists of congressional ‘‘findings.’’ Congress 

finds, that since 1979 the United States has provided more than 

$32 billion in military assistance to Egypt and more than $28 billion in economic assistance, and that applying the concept similar 

to a ‘‘Millennium Challenge’’ compact to the Egyptian aid program 

would reinvigorate the program and give more Egyptians a stake 

in the proper planning and execution of assistance programs. 

Subsection (b) consists of a ‘‘statement of policy’’ that includes an 

acknowledgement that threats to Egyptian stability derive far more 

from domestic problems than from external dangers, and that external threats to Egyptian stability are, in fact, minimal. The subsection also affirms as policy the provision of non-military assistance to Egypt that results in actual, sustainable, and, to the extent 

possible, measurable outcomes regarding economic growth, poverty 

reduction, humanitarian conditions, health, education, and political 

reform. 

Subsection (c) provides for significant reform in Egypt’s economic 

assistance program by combining, beginning in FY 2007, all nonmilitary aid under the Economic Support Fund into a program 

similar in procedure to the ‘‘Millennium Challenge Account.’’ Egypt 

will have the opportunity to design a program, with measurable 

goals, to help achieve lasting economic growth and poverty reduction and substantially strengthened democratic institutions and individual freedoms, and to present that program to the President of 

161 

the U.S. for his approval. After the President approves the program, it is anticipated that Egypt will have far greater say in the 

implementation of the program than is currently the case. 

The recent agreement under which the United States agreed to 

provide a significant amount of cash assistance to Egypt and Egypt 

agreed to undertake policy reforms in the financial sector is exempted from the provision described above for the life of the agreement (through 2008), although, beginning with fiscal year 2007. 

Such cash may not be provided until Egypt has concluded an assistance agreement pursuant to this subsection. 

Subsection (d) reduces Egypt’s Foreign Military Financing (FMF) 

assistance over the next 3 fiscal years by $40 million annually, by 

providing that funds over the following amounts that may be appropriated to the FMF program be transferred to the ESF program: 

$1.26 billion in FY06, $1.22 billion in FY07, and $1.18 billion in 

FY08. The Committee expects that ESF allocations for Egypt may 

continue to be reduced, but that funds actually available for economic assistance, because of the transfer provided for here, will 

continue to total $530 million annually. 

This approach reverses the pattern of aid to Egypt for the past 

6 years in which military assistance has been held steady at roughly $1.3 billion per year, while ESF has been diminished by roughly 

$40 million per year. In effect, overall aid for Egypt presumably 

would continue to be diminished by only $40 million per year for 

the next 3 years, but the deduction would be taken from military, 

rather than economic, assistance. 

This provision is inspired by the perception that the primary 

threat to Egyptian stability derives from domestic deficiencies— 

particularly in education, health, commerce, human rights, and 

governance—rather than external dangers. Egypt is at peace with 

all its neighbors. Internally, however, it faces many challenges. For 

example, per capita GDP is under $1,300. A majority of women 

over the age of 15 are illiterate. The only recent democratic reform 

of significance is one that, although allowing for first-ever multiparty Presidential elections, is being implemented in a manner 

that virtually guarantees President Mubarak’s re-election. This 

provision is intended to begin the process of re-directing United 

States assistance toward the area where Egypt most needs it—that 

is, Egypt’s domestic situation. 

Americans value military cooperation with Egypt, and for this 

reason assistance has been, is, and will continue to be provided at 

very generous levels. However, issues related to Egypt’s internal 

stability—such as the Egyptian economy’s continued relative stagnation and the concomitant need for reform—vastly outweighs in 

importance the current needs of the military. Currently about twothirds of United States military assistance to Egypt is used to sustain and modernize Egypt’s existing weapons systems. Only with 

economic growth can Egypt hope to be able to support a modern 

military and diminish its dependence on United States assistance. 

Subsection (e) directs the President to alter the current ‘‘cashflow financing’’ system to accommodate this reduction in military 

aid, while ensuring that maintenance and spare parts for existing 

Egyptian military equipment are not jeopardized and that U.S. 

commitments are met for all outstanding agreements. 

162 

Egypt presently enjoys the benefit of a provision under which 

certain military assistance funds are placed in an interest-bearing 

account, and Egypt retains the interest. Subsection (f) requires that 

the interest be transferred to the Middle East Partnership Initiative (MEPI) and allocated for democracy and governance programs 

for Egypt, including direct support for nongovernmental organizations. Under the U.S. Administration’s plans, assistance for democratization and governance programs are a very small proportion of 

our overall assistance; this is one area where congressional interest 

in progress requires a relatively reliable source of additional support. 

Section 922. Inter-Arab Democratic Charter. 

This section encourages support for the creation of an Inter-Arab 

Democratic Charter. At the recently concluded Community of Democracies Ministerial in Santiago, Chile, the final document articulated the commitment of the countries of the Middle East to work 

toward the creation of an Inter-Arab Democratic Charter. U.S. policy supports such efforts to promote democratic institutions and reform, and integrate civil society into this process. This section calls 

for the Bureau of Democracy, Human Rights, and Labor, in consultation with the Bureau for Near Eastern Affairs and the Bureau 

for Western Hemisphere Affairs, to develop an inter-regional strategy to support, including through the provision of technical assistance, efforts to create an Inter-Arab Democratic Charter and 

strengthen the role of human rights organizations, pro-democracy 

advocates, and civil society members from both regions in helping 

to craft such a Charter. This section also authorizes such sums as 

may be necessary to provide technical assistance to support such 

efforts, derived from the Human Rights and Democracy Fund and 

Middle East Partnership Initiative funding. 

Section 923. Middle East Partnership Initiative. 

This section authorizes the Middle East Partnership Initiative 

programs for fiscal years 2006 and 2007 with a requirement that, 

in reforming countries, no less than half of the funds be dedicated 

to activities such as: Democracy and civil society promotion, particularly nongovernmental organizations; to the expansion of 

women and other minority participation in the political, economic, 

and educational sectors; and to developing and implementing free 

and fair election standards. MEPI funds are also to be focused on 

promoting democracy in countries under authoritarian rule. 

Section 924. West Bank and Gaza Program. 

This section concerns oversight of U.S. assistance to the USAID 

West Bank/Gaza program for FY06 and FY07. It maintains a certification by the Secretary of State to ensure that the Comptroller 

General of the United States will have access to appropriate United 

States financial information in order to review the use of U.S. assistance to the West Bank/Gaza program. It further states that 

prior to the obligation of any funds, the Secretary shall take all appropriate steps to ensure that such assistance is not provided to or 

through any individual entity that the Secretary knows, or has reason to believe, advocates, plans, sponsors, engages in, or has engaged in, terrorist activity, and includes a prohibition of assistance 

163 

for the purpose of recognizing or otherwise honoring individuals 

who commit, or have committed, acts of terrorism. This provision 

states that $1,000,000 for each fiscal year may be used by the Office of the inspector General of USAID for audits and inspections 

necessary to implement this section. 

Section 925. Economic Support Fund Assistance for Venezuela. 

This section authorizes $9 million for each of fiscal years 2006 

and 2007 in Economic Support Funds to fund activities which support political parties, the rule of law, civil society, an independent 

media, and otherwise promote democratic, accountable governance 

in Venezuela. 

Annual Foreign Operations Appropriations Acts extend the prohibitions of the American Service Members Protection Act (Title II 

of P.L. 107–206) to Economic Support Funds and their use with 

governments that have not ratified an Article 98 agreement with 

the United States. As such, nongovernmental organizations, but 

not the Government of Venezuela (which does not have an Article 

98 agreement with the United States) would be eligible to receive 

the assistance which is authorized by this section. 

Asian University for Women in Bangladesh. 

The Committee is aware of the strong support that the University has garnered in Bangladesh and elsewhere in South Asia and 

from the Bangladeshi-American and South Asian-American communities. United States Government support has been important 

to getting the University started. The Committee encourages the 

Agency for International Development and other government agencies to consider sympathetically such applications the University 

may make for additional assistance. 

CHAPTER 3—PART III OF THE FOREIGN ASSISTANCE ACT OF 1961

Section 931. Support for Pro-Democracy and Human Rights Organizations in Certain Countries. 

This section authorizes U.S. foreign assistance in certain circumstances to countries designated as state sponsors of terrorism. 

U.S. law prohibits U.S. assistance to countries designated as statesponsors of terrorism. As such, specific statutory authorization is 

necessary for the U.S. to provide support for the efforts of human 

rights and pro-democracy advocates in these rogue nations. This 

section provides such authorization if, at least 30 days before obligating funds for such assistance, the Secretary of State notifies the 

appropriate Congressional Committees (in classified or unclassified 

form) that the recipient organizations oppose terrorism, support democracy and respect for human rights, including equality of women 

and other minorities, and support other fundamental liberties. 

Section 932. Limitation on Assistance to the Palestinian Authority. 

Subsection 932(a) amends the Foreign Assistance Act of 1961 by 

inserting a new section, proposed Section 620K, which is intended 

to govern all assistance to the Palestinian Authority. 

Section 620K(a) provides that assistance to the Palestinian Authority under the Foreign Assistance Act or any other act may only 

164 

be provided when a certification by the President under section 

620K(b) is in effect. 

The President’s certification must contain the President’s determination that: 

(1) providing direct assistance to the Palestinian Authority is important to the national security interests of the United States; and 

(2) that the Palestinian Authority: 

(A) is committed to and has initiated the process of purging from 

its security services individuals with ties to terrorism; 

(B) has made demonstrable progress toward dismantling the terrorist infrastructure, confiscating unauthorized weapons, arresting 

and bringing terrorists to justice, destroying unauthorized arms 

factories, thwarting and preempting terrorist attacks, and is fully 

cooperating with Israel’s security services; 

(C) has made demonstrable progress toward halting all antiIsrael incitement in Palestinian Authority-controlled electronic and 

print media and in schools, mosques, and other institutions it controls, and is replacing these materials, including textbooks, with 

materials that promote tolerance, peace, and coexistence with 

Israel; 

(D) has taken effective steps to ensure democracy, the rule of 

law, and an independent judiciary, and has adopted other reforms 

such as ensuring transparent and accountable governance; 

(E) is committed to ensuring that all elections within areas it administers to be free, fair, and transparent; and 

(F) is undertaking verifiable efforts to ensure the financial transparency and accountability of all government ministries and operations. 

Under subsection (c) of the new Section 620K, the President 

must recertify 90 days after initial his certification and every 6 

months thereafter that the requirements contained in subsection 

(b) of that new section are continuing to be met. If the President 

is unable to make a recertification the President is to report to 

Congress indicating the reasons he cannot make a recertification. 

Under subsection (d) of the new Section 620K, assistance made 

available under this act or any other provision of law to the Palestinian Authority may not be provided until 15 days after the date 

on which the President has provided notice to the Committee on 

International Relations and the Committee on Appropriations of 

the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate under the 

procedures applicable to reprogramming notifications under section 

634A(a) of the Foreign Assistance Act. 

Subsection (b) of section 932 of this act provides for a report by 

the Comptroller General of the United States to the appropriate 

Congressional Committees reviewing the extent to which United 

States assistance to the Palestinian Authority under the Foreign 

Assistance Act of 1961 or any other provision of law is properly audited by the Department of State, the United States Agency for 

International Development, and all other relevant departments and 

agencies of the Untied States Government. 

Section 933. Assistance for Law Enforcement Forces. 

This section amends the Foreign Assistance Act of 1961 to create 

new exceptions to the general prohibition against foreign assistance 

165 

to foreign law enforcement and intelligence personnel and agencies. 

The exceptions which this section authorizes are for assistance to 

combat corruption; improve public safety training, particularly with 

regard to human rights, the rule of law, conflict prevention, and 

the promotion of civilian police roles that support democratic governance; combat trafficking in persons; and develop capabilities for 

and deployment to impending or ongoing peace operations of the 

United Nations or comparable regional organizations. The section 

also permits assistance to be given to national, regional, district, 

municipal, or other sub-national governmental entity of a foreign 

government. 

The provision reasserts the Committee’s intent to authorize activities and assistance for foreign law enforcement which have been 

conducted pursuant to the Foreign Operations Appropriations Act. 

The provision also responds to a GAO study that found that current section 660 restrictions were constraining the ability of the 

United States Government, working through nongovernmental organizations, to consolidate democracy in Central America, the Andean region, and outside the Western Hemisphere. 

The Committee notes that the Center for Strategic and International Studies held a policy seminar in March 2005, ‘‘Policing 

and Security in Latin America, the Need for Reform.’’ A conclusion 

of the panelists was that the existing legal framework is riddled 

with exceptions which have, for the most part, substantially weakened the general prohibition against the provision of assistance to 

foreign law enforcement. The seminar presenters also recommended that the current legal framework governing the provision of such assistance be reformed after a comprehensive survey 

of current assistance to foreign law enforcement is conducted. 

The Committee believes that assistance under this section should 

be provided to countries with democratically-elected governments 

which are under civilian control and have demonstrated a commitment to preventing human rights abuses by their police forces. Assistance should also be provided as part of a broader development 

strategy to enhance democratic governance, maximize the involvement of civil society in decision-making at the national, regional, 

and local levels, strengthen human rights, and increase the accountability and transparency of government agencies, including 

law enforcement entities, to the communities which they serve. Assistance provided under this section should be fully transparent 

and include mechanisms to encourage continued, cooperative contact with and between recipients of training or assistance. 

SUBTITLE B—OTHER PROVISIONS OF LAW

Section 941. Amendments to the Afghanistan Freedom Support Act 

of 2002. 

This section amends the Afghanistan Freedom Support Act of 

2002, as amended (22 U.S.C. 7501 et seq.), to authorize appropriations of $50 million for each of fiscal years 2006 and 2007 in order 

to support the United Nations Assistance Mission in Afghanistan 

(UNAMA) and other programs related to holding free, fair, and 

transparent parliamentary elections that are scheduled to take 

place this September. 

166 

This section states that it shall be the policy of the U.S. to urge 

donor governments and institutions to provide significant financial 

support to UNAMA, assist legitimate and recognized parliamentary 

candidates and future elected parliamentary officials in carrying 

out the responsibilities and duties of their elected offices, and assist 

Afghanistan in the preparation for future presidential and parliamentary elections. 

The purposes of assistance are to support programs in the areas 

of: Voter education and voter registration; the disarmament, demobilization, and reintegration (DDR) of militias; transparency and 

accountability training; and exchange of parliamentary officials. 

Section 942. Amendments to the Tibetan Policy Act of 2002. 

This section amends the Tibetan Policy Act of 2002 (P.L. 107– 

228). Section 942(a) amends section 616 of the Tibetan Policy Act 

by adding a new subsection (d) ‘‘United States Assistance.’’ Under 

this provision, the President is required to provide grants to nongovernmental organizations to support sustainable economic development, cultural and historical preservation, health care, education, and environmental sustainability projects for Tibetans inside Tibet; the U.S. Special Coordinator for Tibetan Issues is required to review and approve all such projects; and there are authorized to be appropriated to the President to carry out this subsection $6 million for fiscal year 2006 and $8 million for fiscal year 

2007. Section 942(b) amends section 619 of the Tibetan Policy Act 

such that the Secretary of State shall ensure that at least one Foreign Service Officer assigned to a U.S. post in the People’s Republic 

of China responsible for monitoring developments in Tibet has at 

least 6 months of Tibetan language training or equivalent fluency 

prior to taking up such assignment. Subsection 942(c) amends section 621 of the Tibetan Policy Act by adding a new subsection (e) 

which requires that the Secretary of State assign dedicated personnel to the Office of the Special Coordinator for Tibetan Issues. 

With regard to grants for cultural and historic preservation, the 

intent of the Committee is that such grants be used to not only preserve current Tibetan culture, but to also record Tibetan culture 

prior to the Chinese invasion in 1949. Grants for historic preservation should consider developing an historical accounting of Tibetan 

assets to include personal possessions, items of religious significance, and artwork that were seized by the Chinese Government. 

In addition, such grants should also seek to identify those entities 

of the Chinese Government responsible for such seizure and disposition of Tibetan property. 

Section 943. Amendments to the Anglo-Irish Agreement Support Act 

of 1986. 

This section amends the Anglo-Irish Agreement Support Act of 

1986 which provided the authority for the United States to make 

contributions to the International Fund for Ireland (IFI). The Fund 

was established by the Governments of the United Kingdom and 

the Republic of Ireland to enable other countries to make contributions for economic development and reconciliation in the six counties of Northern Ireland and the border counties in the Republic of 

Ireland. As of fiscal year 2005, the U.S. has contributed approximately $430 million to IFI which also receives support from other 

167 

countries, including the EU, Canada, Australia, and New Zealand. 

The goal has been to bring different communities together, foster 

economic growth, and thereby help reduce unemployment and 

strife that can lead to restlessness and interest in paramilitary violence. In addition to fostering economic activity, the U.S. contributions to the IFI are designed to enhance cross community contact, 

greater understanding between the peoples of Northern Ireland 

and reconciliation. 

This provision seeks to further the reconciliation and cross community programs of the IFI by encouraging more support for programs that enhance relations between communities, promote 

human rights training, and enhance peaceful mediation in neighborhoods of continued conflict. The provision also reauthorizes the 

Fund at $20 million and stipulates that not less than 35 percent 

be used for the implementation of the cross-community, reconciliation programs rather than economic-only programs. 

Section 944. Assistance for Demobilization and Disarmament of 

Former Irregular Combatants in Colombia. 

This section authorizes U.S. assistance for the Republic of Colombia for fiscal year 2006 and each subsequent fiscal year for the demobilization and disarmament of former members of foreign terrorist organizations, specifically the United Self-Defense Forces of 

Colombia (AUC), the Revolutionary Armed Forces of Colombia 

(FARC), and the National Liberation Army (ELN), if the Secretary 

of State certifies to the Congress that: (1) Such assistance will be 

provided only to individuals who have ‘‘verifiably’’ (i.e., signed the 

Government of Colombia form on the renunciation of terror, remain 

in the demobilization program and meet the requirements of the 

program) renounced and terminated any affiliation or involvement 

with foreign terrorist organizations; (2) the Government of Colombia is continuing to provide full cooperation with U.S. requests for 

extradition of leaders and members of these terrorist organizations; 

and (3) the Government of Colombia has established a concrete and 

workable framework for dismantling the organizational structure of 

these foreign terrorist organizations that adequately balances the 

need for both reconciliation and justice with concerns for fundamental human rights. 

The provision clearly signals the Committee’s intent to unambiguously authorize U.S. aid to assist the demobilization of former terrorists in Colombia. This provision signals the Committee’s intent 

that such assistance be used to support the involvement of ex-combatants in the eradication of illicit drugs that finance terrorism in 

Colombia. Such U.S. aid under these circumstances is not material 

support for terrorism. To the contrary, such assistance should be 

interpreted as counterterrorism assistance as it removes terrorist 

combatants as a threat to the elected Government of Colombia and 

engages the former combatants in efforts to eliminate the illegal 

drugs that finance terrorism in Colombia. The verification of individual renunciation of ties to terrorism by the Secretary of State 

shall consist of certification that the individuals have signed the 

pledge on the renunciation of terrorism required by the Government of Colombia and that said individuals remain in the assistance program. 

168 

Section 945. Support for Famine Relief in Ethiopia. 

This section authorizes the Secretary of State to make a voluntary contribution of $4 million to the World Food Programme to 

establish and carry out a demonstration insurance project in Ethiopia using weather derivatives to transfer risk of catastrophic 

drought from vulnerable subsistence farmers to international capital markets to protect against asset and income loss during food 

crises. 

Section 946. Assistance to Promote Democracy and Human Rights 

in Vietnam. 

This section authorizes $2 million for necessary expenses to fund 

NGOs and organizations that promote democracy in Vietnam. The 

development of democracy in Vietnam, including respect for human 

rights and religious freedom, has not kept pace with economic reforms and the growth of trade with the United States. The human 

rights situation in Vietnam has in fact worsened over the past 10 

years. The State Department designated Vietnam as a ‘‘Country of 

Particular Concern’’ in September 2004 for its severe violations of 

religious freedom, and despite concluding an agreement on religious freedom with the State Department in May 2005, the Government of Vietnam has continued to severely restrict the ability 

of non-sanctioned religious groups, including ethnic minority 

Protestant congregations in the Northwest and Central Highlands, 

Catholics, Buddhists, Cao Dai, Baha’I, and Hoa Hao, to exercise 

their faiths. 

The Socialist Republic of Vietnam is a one-party Communistruled State, which continues to deny its citizens basic political liberties such as independent political thought, and the existence of 

labor and social organizations. The Government also continues to 

commit serious human rights violations. 

The provision states that it is the policy of the United States to 

limit non-humanitarian assistance provided to the Government of 

Vietnam to not more than the amount so provided for fiscal year 

2005, unless the President certifies that Vietnam has made substantial progress toward: Releasing political and religious prisoners; allowing access to the U.S. for its refugee program; respecting the rights of its minorities; and ensuring it is not acting in complicity with organizations engaged in human trafficking. 

SUBTITLE C—MISCELLANEOUS PROVISIONS

Section 951. Report on United States Weapons Transfers, Sales, and 

Licensing to Haiti. 

This section requires the Secretary of State to submit to the appropriate Congressional Committees, not later than 180 days after 

the date of the enactment of this act, a report on all United States 

weapons transfers, sales, and licensing to the Government of the 

Republic of Haiti for the period beginning October 4, 1991, and 

ending on the date of the enactment of this act. The report shall 

describe: The names of the persons to which weapons were transferred, sold, or licensed; the number of such weapons; and the safeguards, if any, that were required prior to such transactions. 

169 

Section 952. Sense of Congress Regarding Assistance for Regional 

Health Education and Training Programs. 

This section expresses a sense of Congress that U.S. AID should 

use up to 5 percent of country-specific health program funds to address regional health education and training needs in instances 

where it would be more cost-effective to implement such programs 

on a regional basis. 

Section 953. Sense of Congress Regarding Assistance for Regional 

Health Care Delivery. 

This section expresses a sense of Congress that U.S. AID should 

use up to 5 percent of country-specific health program funds to support projects to create and improve indigenous capacity for health 

care delivery. 

Section 954. Sense of Congress Regarding Elimination of Extreme 

Poverty in Developing Countries. 

This section expresses a sense of Congress that the elimination 

of extreme poverty in developing countries should be a major priority of U.S. foreign policy and that the U.S. should demonstrate 

leadership in eliminating extreme poverty by working with the developing countries, donor countries, and multilateral institutions 

committed to the necessary reforms, policies, and practices that reduce extreme poverty. The section states that the President, acting 

through the Administrator of the United States Agency for International Development, should develop a comprehensive strategy to 

eliminate poverty in developing countries using foreign assistance, 

private investment, technical assistance, private-public partnerships, and debt relief. In developing this strategy, the Administrator of the United States Agency for International Development 

should consult with the heads of other appropriate departments 

and agencies of the United States Government, international organizations, international financial institutions, recipient governments, civil society organizations, and other appropriate entities. 

Section 955. Sense of Congress Regarding United States Foreign Assistance. 

This section expresses a sense of Congress that U.S. foreign assistance should be used to support local capacity-building in developing countries and should focus on improving the institutional capacities of developing countries in order to promote long-term development. 

TITLE X—REPORTING REQUIREMENTS 

Section 1001. Trans-Sahara Counter-Terrorism Initiative. 

This section expresses the sense of Congress that efforts currently underway to expand the Pan Sahel Initiative (PSI) into a robust counterterrorism program in the Saharan region of Africa, 

known as the Trans-Sahara Counter-Terrorism Initiative (TSCTI), 

are strongly supported. TSCTI aims to utilize U.S. training and assistance to bolster the capacity of host nations to govern their territory so as not to become transnational terrorist havens. 

The Committee finds that developments on the African continent 

will be increasingly consequential to the security of the United 

170 

States. The area of the Sahara, with its vast open space and weak 

governments, has the potential to become a terrorist sanctuary. 

Transnational terrorists, linked to al-Qaeda, have been found operating in Saharan countries. TSCTI is an important response to this 

region’s growing importance to our nation’s security. 

With limited resources, the PSI has produced promising results. 

At a March 10, 2005, hearing of the Subcommittee on International 

Terrorism and Nonproliferation, ‘‘Eliminating Terrorist Sanctuaries: The Role of Security Assistance,’’ testimony was heard on 

the role PSI played in the capture of Abderrazak al-Para, a key 

leader of the Salafist Group for Call and Combat (GSPC), which 

has pledged allegiance to al-Qaeda. The GSPC was responsible for 

the kidnapping of 32 European tourists in Algeria in 2003. More 

recently, the GSPC claimed responsibility for an attack on a 

Mauritanian Army outpost that left 15 Mauritanian troops dead. 

Enhanced assistance to nations in the Sahara, under the TransSahara Counter Terrorism Initiative, should further United States 

counterterrorism operations and strengthen regional security cooperation. Building partnerships with and among weak states to 

combat terrorism and other internal threats will be key toward denying terrorists sanctuaries. Significantly, the TSCTI is a broadbased approach, involving more than security assistance. Development assistance, increased U.S. public diplomacy efforts to counter 

radical Islamist elements and other aid is envisioned. 

Respect for human rights and civilian authority should be paramount in this security assistance training. Short-term gains in 

counterterrorism operations may be eclipsed by long-term harm to 

the U.S. and participating African states if proper safeguards are 

not incorporated into TSCTI. 

The section requires the Secretary of State to submit to Congress 

120 days after the date of enactment of this act, a classified strategy regarding United States efforts to expand the PSI. The report 

shall include: Participant countries; a description of security assistance and training to be conducted; a description of training to ensure respect for human rights and civilian authority; and other activities of the Initiative. The section also requests that the head of 

each appropriate department and agency of the United States Government cooperate fully to ensure the success of the Trans-Sahara 

Counter Terrorism Initiative. 

Section 1002. Annual Patterns of Global Terrorism Report. 

The House Committee on International Relations, Subcommittee 

on International Terrorism and Nonproliferation, chaired by Representative Edward R. Royce, held a hearing on May 12, 2005 on 

the State Department’s congressionally-mandated report on international terrorism Patterns of Global Terrorism (this year renamed 

Country Reports on Terrorism). This was in response to the Committee’s concerns over the problems associated with the publication 

of the last two annual reports. 

The 2003 report had to be reissued after significant errors were 

detected due to underreporting the number of terrorist attacks during the year. This year, without congressional consultation, the 

State Department issued the 2004 report without its traditional 

annex containing statistical data on the number of terrorist attacks 

worldwide. Additionally, the chronology of significant international 

171 

terrorist incidents is now left to the newly-created National 

Counterterrorism Center (NCTC) for production, although it has 

traditionally been published as part of the State Department-mandated report to Congress. 

This section would modify and update the existing legislative requirements that the State Department annually report to Congress 

on Patterns of Global Terrorism. This report is considered an important document for educating the public about international terrorism, including trends and policy issues. 

Since its inception, and through a series of amendments, the Department of State has been required to provide Congress with a 

full and complete annual report on terrorism for those countries 

and groups meeting the criteria of the act, including: Detailed assessments of foreign countries where terrorist acts occurred, or 

which were designated state sponsors of terrorism; and terrorist 

groups responsible for acts against Americans or financed by state 

sponsors. In addition, the law requires the Department to report on 

the extent to which foreign countries cooperate with the United 

States in counterterrorism efforts. At the time the original law was 

drafted, the primary threat from terrorism was state-sponsored. 

Since then, the terrorist threat has changed. Al-Qaeda and affiliated groups pose the largest threat today. 

This section legislatively reflects the State Department’s role in 

compiling the Patterns report, utilizing the intelligence data and 

analyses as prepared by the intelligence community, particularly 

the National Counterterrorism Center (NCTC). The Secretary of 

State is statutorily required to produce a statistical review and will 

presumably, as it has done in the past with predecessors of the 

NCTC, contract with the NCTC to produce these numbers, according to consistent criteria, in this one report. This mandate seeks to 

avoid the production of two separate reports. 

It further updates and redefines the type of information that 

should be contained in the Patterns report to reflect the threat our 

nation faces today, including: The inclusion of specific data and statistics on terrorist incidents; an assessment of each country around 

the world on counterterrorism cooperation with the United States; 

an assessment of efforts of multilateral organizations to combat 

terrorism; an analysis of policy goals of the United States for 

counterterrorism efforts; and the requirement of the Secretary of 

State to testify before the Committee each year on international 

counterterrorism efforts, among other patterns and trends of terrorism. 

Also, the Committee has required more specific assessments in 

the country-by-country section of each country’s counterterrorism 

efforts and cooperation with the United States, to include negative 

reports which may be classified, if necessary. This report’s objective 

is to fully inform Congress of the level of counterterrorism cooperation with every other nation—it is not intended to devolve into a 

press relations campaign for countries that the United States is 

trying to influence, nor to list impossible-to-discern relative differences in the levels of cooperation between different nations. 

The Committee expects that the new legislation will provide the 

flexibility needed to paint an accurate picture of terrorism around 

the world. This should mean that incidents in which civilians or 

other noncombatants are deliberately targeted for political purVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00171 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
172 

poses, or when groups launch reckless or indiscriminate attacks 

knowing that extensive civilian casualties will result, they should 

be discussed in this report. Whether or not an incident involves the 

citizens of more than one country is now irrelevant, since the State 

Department has so strictly construed the statute to exclude important terrorist incidents such as the Russian airliners downed by 

Chechen terrorists, a ferry in the Philippines bombed by the Abu 

Sayaf group, and attacks in Uzbekistan carried out by the Islamic 

Movement of Uzbekistan. The Committee expects that if incidents 

need to be included in the report for a complete understanding of 

the terrorist picture around the world, then they should be included in footnotes or appendices rather than to omit them due to 

a ‘‘strict construction’’ of difficult definitions under this statute. For 

example, if the State Department is able to ascertain the number 

of Americans killed around the world due to terrorist attacks, it 

may be relevant to include it in this report. The statute dictates 

measures that at a minimum should be included in the report. It 

is far better for the report to be over-inclusive with any necessary 

explanations than to be under-representative of the problem. 

It is also expected that the Administration will consult with Congress on the administrative or regulatory guidelines that will be 

used when determining the criteria for inclusion in this report and 

again produce what was once considered the flagship United States 

publication on international terrorism. 

Section 1003. Dual Gateway Policy of the Government of Ireland. 

This section provides for an economic impact study by the Secretary of State, in consultation with other appropriate agencies, of 

the dual gateway policy of the Government of the Republic of Ireland. This policy requires air carriers serving Ireland’s Dublin Airport from the United States to undertake an almost equal number 

of flights to Ireland’s Shannon Airport. The study is to determine 

the effects a discontinuation of such a policy would have on the 

large number of U.S. businesses, as well as Irish businesses, operating in western Ireland. 

Section 1004. Stablization in Haiti. 

This section requires that the Secretary of State, not later than 

1 year after the date of enactment of the act, submit to the appropriate Congressional Committees a report on the efforts of the 

United States to assist in the disarmament of illegally armed forces 

in Haiti, the reform of the Haitian National Police, and the stabilization of the country generally. 

Section 1005. Verification Reports to Congress. 

Currently, section 4039(a) of the Arms Control and Disarmament 

Act (22 U.S.C. § 2593a) provides that the Secretary of State will 

prepare the annual report on verification, on behalf of the President, after ‘‘consultation with’’ certain other agencies; however, the 

Secretary of State must seek the ‘‘concurrence’’ of the Director of 

Central Intelligence in the preparation of the report. The President 

should be free to decide who in the executive branch will prepare 

the report and how it can best be prepared. 

Inserting ‘‘as the President deems appropriate’’ recognizes that 

the conduct of diplomatic negotiations is a function committed to 

173 

the President by the Constitution, and he must have the authority 

to determine what information about such negotiations may, in the 

public interest, be made available to Congress and when such disclosure should occur. 

Section 1006. Protection of Refugees from North Korea. 

This section amends P.L. 108–333, the North Korean Human 

Rights Act of 2004 (‘‘NKHRA’’), to ensure that annual reports on 

immigration by North Korean refugees and defectors (required by 

section 305 of that act) include a description of U.S. efforts to facilitate the submission of U.S. refugee applications by North Koreans. 

As underscored at an April 28, 2005 oversight hearing, the United 

States has not yet begun sharing the burdens associated with resettling North Korean refugees, one of the key aims of the act. Persistence by U.S. officials will be required to secure from nations in 

the region the cooperation necessary to permit the United States 

to process and accept a credible but unspecified number of North 

Korean refugees for domestic resettlement, and this section is intended to assist the Congress in tracking that progress. 

The NKHRA directs the Secretary of State to facilitate the submission of applications by North Koreans seeking protection as refugees, a task that will require creative U.S. diplomatic efforts with 

countries in the region, including China, South Korea, Russia, 

Mongolia, Vietnam, Laos, Thailand, Cambodia, and the Philippines. 

A State Department report to Congress, issued in March 2005, 

made clear that substantial, additional work remains to be done, 

but was unclear about what particular efforts have been made toward that end (speaking vaguely of a ‘‘survey of regional U.S. diplomatic posts’’ which gave ‘‘preliminary indications’’ that such assistance is not possible ‘‘at this time’’). For those reasons, this new section makes this information part of the annual report required for 

5 years by Section 305 of the NKHRA. 

Section 1007. Acquisitions and Major Security Upgrades. 

This section amends section 605(c) of the Foreign Relations Authorization Act, FY 2000–01 (P.L. 106–113), to change the semiannual report on Embassy construction and security program to an 

annual report. 

Section 1008. Services for Children with Autism at Overseas Missions. 

This section requires the Secretary of State to conduct a study 

in countries where the U.S. has at least one mission to determine 

the availability of programs that address the needs of children with 

autism and provide a report of the study to Congress within 30 

days of completion of the study. This report will include the estimated number of incidences of autism among dependents of Foreign Service Officers and Specialists, and an analysis of the possibility of establishing ‘‘Educational Centers of Excellence’’ for such 

dependents. 

According to the Centers for Disease Control, autism is growing 

rapidly in the United States and worldwide. There is no known 

cure for autism, and little is known about its causes, although 

much promising research is being conducted. The Committee is 

concerned that while the State Department’s Office of Medical 

174 

Services does make an allowance available for Foreign Service Officers to cover certain costs associated with addressing autism in dependents, including speech therapy, occupational therapy, and special education services, these allowances will be effectively used 

only if speech therapists who are English-speaking and pediatric 

occupational therapists skilled in treating the sensory integration 

disorder which is common in autistic children are available to be 

hired privately. The net effect is that Foreign Service Officers with 

autistic children can serve in only an extremely small number of 

overseas posts when their children are young and intervention 

needs are high, for example, the UK, Australia, and Brussels. With 

the growing number of autistic children and the need for Foreign 

Service Officers to be available for worldwide service, the Committee believes the Department must look at alternatives. The difficulty of frequent moves and the social turmoil that goes with it 

are the same for those in the Foreign Service as in the military. 

The Committee urges the Department to coordinate closely with 

the Department of Defense to examine the provision of autism 

services at DoD overseas schools or other possible mechanisms. 

Section 1009. Incidence and Prevalence of Autism Worldwide. 

This section authorizes $1.5 million for FY 2006 for a study of 

the incidence of autism worldwide. It asks the Secretary of State 

to work with the United Nations Children’s Fund (UNICEF) to use 

the ‘‘voice and vote’’ of the United States to urge the conduct of a 

worldwide study on autism spectrum disorders generally referred 

to as ‘‘autism.’’ 

According to the CDC, studies done in Europe and Asia indicate 

as many as two out of every 1,000 children have some type of autism, but there have been no comprehensive studies of the worldwide incidence of autism. 

UNICEF is the lead agency for monitoring the child-related Millennium Development Goals, and plays a leading role in strengthening methodologies for the measurement and assessment of key 

indicators related to the goals of ‘‘A World Fit for Children,’’ and 

other global commitments. UNICEF already produces statistics 

globally and by country and provides a tool for generating customized statistical tables. The statistical tool includes economic and 

social data from 195 countries and territories, with particular reference to children’s well-being. These statistics are derived from 

UNICEF’s flagship publication, The State of the World’s Children 

2005. 

The provision requires a report to be provided by the UNICEF 

Executive Board and forwarded to participating governments containing the findings of the study and any necessary recommendations. 

Section 1010. Internet Jamming. 

This section requires the BBG to submit to Congress a report on 

the status of state-sponsored and state-directed Internet jamming 

by repressive foreign governments. This report will include information concerning which countries, or quasi-government organizations are involved in such jamming. 

175 

Section 1011. Department of State Employment Composition. 

This section amends section 324 of the Foreign Relations Act, 

Fiscal Year 2003 to extend a report on the employment and promotion of minority groups and women at the Department of State 

in both the Foreign Service and Civil Service. The provision also 

requires that the report include information regarding the numbers 

and percentages of contacts entered into by the Department of 

State with small, minority-owned and disadvantaged businesses. 

Section 1012. Incitement to Acts of Discrimination. 

This section amends the Foreign Assistance Act of 1961 to require the Secretary of State to expand reporting in the Department’s annual Country Reports on Human Rights Practices to include reports, when applicable, for each country a description of the 

nature and extent of propaganda in foreign government and foreign 

government controlled media and other sources that attempt to justify or promote racial hatred or incite acts of violence against any 

race or people and a description of the actions, if any, taken by that 

government to eliminate such propaganda. To improve the capacity 

of State Department personnel in fulfilling the requirements of this 

section, the Committee recommends that instruction in identifying, 

combating, and repudiating anti-Semitic rhetoric and incitement be 

provided as part of the training for members of the Foreign Service. 

Section 1013. Child Marriage. 

This section requires the Secretary of State to provide to the appropriate Congressional Committees not later than 180 days after 

enactment, a one-time report regarding the practice of the custom 

of child marriage around the world. The report will include sections 

for each country in which child marriage is documented. Each 

country section must include a description of efforts by the government, if any, to revise laws and practices to eliminate child marriage, and actions taken by the State Department and other agencies to encourage the government to eliminate child marriage. 

UNICEF reports that in some countries half of all girls are married by the age of 18 because of poverty, tradition and family pressure. Child marriages are most common in sub-Saharan Africa and 

South Asia, where poverty, traditional taboos about pre-marital 

sex, and fears of AIDS are widespread. 

Section 1014. Magen David Adom Society. 

This section amends the Foreign Relations Authorization Act of 

2003 (P.L. 107–228) to reflect the U.S. efforts to obtain full membership and recognition of the Magen David Adom Society in the 

International Red Cross and Red Crescent Movement. It also requires the Secretary of State to report on U.S. efforts to obtain full 

membership for the Magen David Adom Society in the Movement; 

efforts by the International Committee of the Red Cross to obtain 

full membership for the Magen David Adom Society in the Movement; efforts of the High Contracting Parties to the Geneva Convention to adopt the October 12, 2000 draft additional protocol 

which would accord international recognition to an additional distinctive emblem, the absence of which has been a serious impediment to the Magen David Adom Society’s bid for full membership 

176 

in the Movement; the extent to which the Magen David Adom Society is participating in the activities of the International Red Cross 

and Red Crescent Movement; the extent to which the Magen David 

Adom Society is participating in the activities of the Movement; 

and efforts by any state, member, or official of the Movement to 

prevent, obstruct or place conditions on the adoption of the additional protocol or the full participation of the Magen David Adom 

in the Movement. 

Section 1015. Developments in and Policy Toward Indonesia. 

This section recognizes the remarkable progress in democratization and decentralization in Indonesia, expresses concern about 

continuing human rights violations by Indonesian security forces, 

and takes note of the situation in Papua. In general, it reflects underlying sentiments that reform of Indonesian security forces is important to consolidating democratic gains and protecting human 

rights, and that robust implementation of special autonomy holds 

the best chance of promoting peace and stability in the conflict-torn 

provinces of Aceh and Papua. It requires an annual report by the 

State Department on the implementation of special autonomy for 

Aceh and Papua, and a report on the 1969 ‘‘Act of Free Choice,’’ 

wherein selected Papuan elders elected to remain part of Indonesia. 

Section 1016. Murders of United States Citizens John Branchizio, 

Mark Parson, and John Marin Linde. 

This section expresses a sense of Congress regarding the October 

2003 murders of U.S. citizens John Branchizio, Mark Parson, and 

John Marin Linde. 

Subsection (a) presents findings regarding the October 2003 murders of three United States citizens, John Branchizio, Mark Parson, 

and John Marin Linde, in Gaza. Subsection (b) is a sense of Congress asserting, among other things, that the continued inability or 

unwillingness of the Palestinian Authority (PA) to pursue aggressively the murderers of the three U.S. citizens and bring them to 

justice calls into question the PA’s viability as a U.S. partner in resolving the Palestinian-Israeli conflict. It also asserts that future 

U.S. assistance to the PA may be affected, and the continued operation of the PLO Representative Office in Washington may be jeopardized if the PA does not fully and effectively cooperate in bringing the murderers to justice. 

Subsection (c) requires the Secretary of State to submit a report 

to the appropriate Congressional Committees within 30 days after 

the date of the enactment of this act, and every 120 day thereafter. 

The report shall include a description of efforts by the U.S. to bring 

the murderers to justice, a detailed assessment of efforts by the PA 

to bring the murderers to justice, an assessment as to whether the 

PA’s efforts constitute ‘‘the best possible effort,’’ and a description 

of any additional steps or initiatives requested or recommended by 

the U.S. that were not pursued by the PA. In accordance with subsection (d), this report will no longer be required if the Secretary 

of State certifies that the murderers have been identified, arrested, 

and brought to justice. 

177 

Section 1017. Diplomatic Relations with Israel. 

Finding that 33 countries have no diplomatic relations with 

Israel, this section expresses a sense of Congress that the U.S. 

should assist Israel in its efforts to establish diplomatic relations. 

It also requires the Secretary of State to report 90 days after enactment and annually thereafter on actions taken by the U.S. to encourage other countries to establish full diplomatic relations with 

Israel, including specific responses solicited and received from 

countries that do not have diplomatic relations with Israel. 

Section 1018. Tax Enforcement in Colombia. 

This section requires that the Secretary of State, no later than 

90 days after the date of enactment of this act, submit to the appropriate Congressional Committees a report which details the 

challenges that the Colombian Government faces in enforcing its 

tax code. The report should include specific information such as estimates of current tax revenue as a percentage of Colombia’s gross 

domestic product, an estimate of potential revenue if tax laws were 

fully enforced, and a discussion of the potential uses for such revenue to achieve the objectives of Plan Colombia. 

The Committee notes that the World Bank reportedly indicates 

that Colombia collected 10.1 percent of its Gross Domestic Product 

as taxes in 1998, which is significantly lower than the United 

States (20.4 percent) and most of the developing world; that a subsequent increase to 14 percent of Colombia’s GDP was fueled largely by a one-time tax assessed to wealthy Colombians; that even 14 

percent still ranks Colombia remarkably low for a country facing 

an internal armed conflict and poverty rates approaching 60 percent; that of Colombia’s population of 44 million, only 800,000 pay 

any income taxes; and that few Colombian municipalities have 

proven capable of enforcing their constitutional authority to collect 

property taxes from large landholders. The Committee believes 

that this report will provide it with the information necessary to 

accurately discuss and address this matter. 

Section 1019. Provision of Consular and Visa Services in Pristina, 

Kosova. 

This section requires the Secretary of State to provide a report 

90 days after enactment of this act describing the possibility of providing consular and visa services at the U.S. Office in Pristina, 

Kosovo (USOP) to residents of Kosovo. 

Section 1020. Democracy in Pakistan. 

This section supports the Administration’s policy of promoting 

democracy by requiring an annual report for fiscal years 2006 and 

2007 on the extent to which the Government of Pakistan has restored a fully functional democracy in which free, fair, and transparent elections are held. The Committee remains concerned that 

Pakistan’s democratization process is moving too slowly and needs 

to accelerate considerably. 

Section 1021. Status of the Sovereignty of Lebanon. 

This provision consists of four subsections. Subsection (a) expresses a sense of Congress concerning matters discussed in the reporting requirement set out in subsection (b). It emphasizes the 

178 

need for all parties in the Middle East and internationally to support implementation of U.N. Security Council Resolution 1559 

(2004), which calls for ‘‘strict respect’’ for Lebanon’s sovereignty, 

territorial integrity, unity, and political independence ‘‘under the 

sole and exclusive authority of the Government of Lebanon 

throughout Lebanon’’; calls upon all remaining foreign forces to 

withdraw from Lebanon; calls for the ‘‘disbanding and disarmament of all Lebanese and non-Lebanese militias’’; and supports 

the extension of the control of the Government of Lebanon over all 

Lebanese territory. These concerns reflect the Committee’s sense of 

urgency—especially to see Hezbollah disarmed, all remaining Syrian security and intelligence personnel removed from Lebanon, and 

Lebanese forces in full control of Lebanon’s borders so as to prevent 

anti-Israel provocations from the southern border and to stanch the 

flow of arms to Hezbollah, particularly from Lebanon’s eastern border with Syria. 

This subsection states that the U.S. and its allies should consider 

providing training and other assistance to the Lebanese armed 

forces to enhance their ability to disarm Hezbollah and other militias and stanch the flow of arms to Hezbollah and other militias. 

It also warns that future U.S. assistance to Lebanon may be affected if Lebanon does not make every effort to disarm militias, including Hezbollah, and to deny them re-armament. 

Subsection (b) requires the Secretary of State to submit a report 

no later than 120 days after enactment of this act, and every 180 

days thereafter, describing and evaluating: 1) the extent to which 

armed militias continue to operate in Lebanon and the Government 

of Lebanon’s progress toward disbanding and disarming these militias; 2) the extent to which the Lebanese Government is committed 

to disbanding and disarming Hezbollah and other militias and 

stanching the flow of arms to Hezbollah and other militias; 3) the 

progress of the Lebanese armed forces in deploying and taking full 

control of all of Lebanon’s borders; 4) the extent to which countries 

in the region attempt to direct arms to Lebanon-based militias or 

allow their territory to be traversed for this purpose and the extent 

to which these armament efforts succeed; 5) the routes and means 

used by external sources attempting to supply arms to Lebanonbased militias and the countries that are involved in these efforts; 

6) the efforts of the U.S. and its allies to facilitate the process of 

disbanding and disarming Lebanon-based militias and stanching 

the flow of weapons to them; and 7) any recommendations for legislation to support the disbanding and disarming of Lebanon-based 

militias. 

Subsection (c) says that the report required by subsection (b) 

should be submitted in unclassified form and may contain a classified annex if necessary. 

Subsection (d) provides that the requirement to submit the report 

specified in subsection (b) shall no longer apply if the Secretary certifies to the appropriate Congressional Committees that all Lebanon-based militias have been disbanded and disarmed and that 

the Lebanese armed forces are deployed to and in full control of 

Lebanon’s borders. 

179 

Section 1022. Activities of International Terrorist Organizations in 

Latin America and the Caribbean. 

This section finds: That activities by international terrorist organizations in countries of the Western Hemisphere are a threat to 

the U.S.; that international terrorist organizations such as 

Hezbollah and Hamas have taken advantage of the weak rule-oflaw in some Latin American and Caribbean countries; and, that 

the U.S. should work with countries in the region to expose and 

prevent activities by these terrorist organizations. 

The provision requires a one-time report 180 days after enactment of this act on the activities of international terrorist organizations in Latin America and the Caribbean. The report is to be submitted in unclassified form but may contain a classified annex. 

Section 1023. Analysis of Employing Weapons Scientists from the 

Former Soviet Union in Project Bioshield. 

This section requires a report from the Secretary of State, consulting with the Secretary of Health and Human Services, by November 1, 2006, that will include: 

(1) an analysis of the scientific and technological contributions 

that former bioweapons scientists could make to the research and 

development of biomedical countermeasures; the cost-effectiveness 

of those methods of employing the services of such scientists; and 

the desirability and national security implications of providing employment opportunities for such scientists biomedical countermeasures against biological weapons; and 

(2) recommendations for appropriate legislation to address the 

issues analyzed in the report. 

Section 1024. Extradition of Violent Criminals from Mexico to the 

United States. 

This section details the impediments to extradition of violent 

criminals from Mexico to the United States resulting from a 2001 

decision by Mexico’s Supreme Court barring the extradition of 

Mexican nationals to countries where they may face life sentences 

without the possibility of parole. The provision acknowledges positive cooperation between the Government of the United States and 

the Government of Mexico. The provision establishes a sense of 

Congress that the Government of the United States should encourage the Government of Mexico to continue to work closely with the 

Mexican Supreme Court to urge the Court to re-visit its October 

2001 ruling so that the possibility of life imprisonment without parole will not have an effect on the timely extradition of criminal 

suspects from Mexico to the United States. 

The provision requires the Secretary of State to submit an annual report to Congress detailing the status of extraditions of Mexican nationals requested by the United States and the status of extraditions of U.S. nationals requested by Mexico. The report may 

contain a classified annex to protect sensitive information. 

Section 1025. Actions of the 661 Committee. 

This section requires a one-time report, no later than 4 months 

after the enactment of this act, from the Secretary of State on 

United States decisions, actions, communications, and deliberations 

in the 661 Committee of the United Nations concerning overpricing 

180 

of contracts, kickbacks from sales of humanitarian goods, efforts to 

correct and revalue the contracts in the post-Saddam era, oil smuggling, and trade protocols. The report will also examine how the 

U.S. made its decisions in the 661 Committee and will identify the 

officials involved in making those decisions. The report will also include information detailing positions on these issues held by other 

members of the 661 Committee. The report will be accompanied by 

all supporting documents regarding the aforementioned decisions, 

actions, communications, and deliberations. The Committee accepts 

that some of this material may need to be delivered in classified 

form; however, it expects that some of this report will also be unclassified. 

United Nations Security Council Resolution 661 imposed comprehensive sanctions on Iraq after its 1990 invasion of Kuwait. The 

Security Council established a committee, comprised of the 15 

members of the Security Council, to oversee these sanctions. This 

committee became known as the ‘‘661 Committee.’’ After the Oilfor-Food program was created in 1996, the 661 Committee also administered and oversaw the program’s operations, including the approval of contracts related to the program. As a permanent member 

of the Security Council, the U.S. was a member of the 661 Committee throughout its existence. 

The Committee believes that by providing detailed insights into 

the operations and dynamics of the 661 Committee, this report will 

be an important contribution into its continuing investigation into 

the U.N., the Oil-for-Food program, the actions of the 661 Committee, and other issues surrounding the sanctions on Iraq. 

Section 1026. Elimination of Report on Real Estate Transactions. 

The Department requests that the requirement for this separate 

report be eliminated because sales information is already, and will 

continue to be, transmitted to Congress on an annual basis in Department of State budget presentation documents, specifically in 

the Overseas Building Office (OBO) Congressional Budget Justification (CBJ). The information in the OBO CBJ reflects the actual receipts collected from sales (not the sales or contract amount), 

which is more useful information. 

TITLE XI—MISCELLANEOUS PROVISONS 

SUBTITLE A—GENERAL PROVISIONS

Section 1101. Statement of Policy Relating to Democracy in Iran. 

This section recognizes that there is a continuing lack of freedom 

and democracy in Iran and that Iran remains a state sponsor of 

terrorism. The U.S. supports democracy in Iran, and condemns the 

imprisonment and abuse of Iranian civilians who express political 

dissent. 

Section 1102. Iranian Nuclear Activities. 

This section finds that Iran is the world’s leading state sponsor 

of terrorism, that Iran has called for the destruction of Israel, is 

developing an intermediate-range offensive missile capability, and 

continues to pursue a nuclear weapons program while deceiving 

and denying access to International Atomic Energy Agency inspectors. It also finds that Russia continues to assist Iran in the conVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00180 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
181 

struction of a nuclear facility and in the supply of nuclear fuel. The 

ensuing Statement of Congress calls upon G–8 Governments to insist that Russia cease all nuclear assistance to Iran and make continued Russian G–8 membership contingent upon the termination 

of such assistance. 

Section 1103. Location of International Institutions in Africa. 

This section calls for international organizations and institutions 

in Africa that have moved from their original locations for reasons 

of security to return once security has improved, and authorizes 

the Secretary of State to begin consultations with such parties to 

determine the feasibility of returning such organizations and institutions to the regions in which they were originally headquartered. 

It pertains to the temporary relocation of the African Development 

Bank from Abidjan to Tunisia due to the civil unrest in Cote 

d’Ivoire. 

Section 1104. Benjamin Gilman International Scholarship Program. 

This section provides for an increase in the Gilman International 

Scholarship Program from $1,500,000 to $4,000,000. The reason for 

increasing the authorization level is to keep pace with the increases in the appropriations made for this highly successful academic program. 

The International Academic Opportunity Act of 2000 (Title III of 

P.L. 106–309) established awards for undergraduate study abroad. 

This scholarship program provides grants for U.S. undergraduate 

students who are receiving Federal Pell Grant funding at a 2-year 

or 4-year college or university to participate in study abroad programs worldwide. 

Section 1105. Prohibition on Commemorations Relating to Leaders 

of Imperial Japan. 

This section forbids the Department of State and its missions 

abroad from engaging in any activity, such as the celebration of 

Showa holiday, which may serve to commemorate the leaders if Imperial Japan connected to the attack on the U.S. Fleet at Pearl 

Harbor, Oahu, Hawaii, on December 7, 1941. 

Section 1106. United States Policy Regarding World Bank Group 

Loans to Iran. 

U.S. law requires the U.S. Executive Directors of international financial institutions of the World Bank Group to use voice and vote 

to oppose loans to the Iranian regime. However, without the cooperation of U.S. allies, such World Bank Group assistance continues to be afforded to Iran. 

Subsection (a) therefore directs the Secretary of State, in consultation with the Secretary of the Treasury, to work to secure the 

support of the governments of the countries represented in the decision-making bodies of these international financial institutions 

(IFIs), to oppose any further IFI activity in Iran until this statesponsor of terrorism abandons its nuclear program. Subsection (b) 

requires the Secretary of State to notify the appropriate Congressional Committees within 30 days of initiating these efforts. 

182 

Section 1107. Statement of Policy Regarding Support for SECI Regional Center for Combating Trans-Border Crime. 

This section expresses that it is the policy of the United States 

to continue to support the activities of the Southeast European Cooperative Initiative (SECI) Regional Center for Combating Transborder Crime, located in Bucharest, Romania. 

The SECI Regional Center for Combating Trans-Border Crime 

facilitates the exchange of law enforcement data and fosters cooperation between police, customs officers and prosecutors in matters involving transnational crime. The twelve member states of 

SECI, Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Greece, 

Hungary, Macedonia, Moldova, Romania, Slovenia, Serbia and 

Montenegro, and Turkey, assign police and customs officers to the 

Regional Center where they undertake coordinated investigations 

and operations through six task forces. The task forces are concerned with combating trafficking in human beings, drug trafficking, financial and computer crimes, auto theft, smuggling and 

fraud, and terrorism. The Regional Center also provides training 

for police and customs officers and integrates its work with other 

international organizations including the World Customs Organization and Interpol. Fifteen permanent observer states, including the 

United States, France, Germany, the U.K., and Canada provide 

technical and financial support to the SECI Regional Center. It is 

critical that the U.S. continues to support this effective regional 

crime fighting organization which also serves as a bridge to support 

similar law enforcement activities throughout the Caucasus and 

Central Asia. 

Section 1108. Statement of Policy Urging Turkey to Respect the 

Rights and Religious Freedoms of the Ecumenical Patriarch. 

This section sets out certain findings and a statement of policy 

with respect to the rights and religious freedoms of the Ecumenical 

Patriarch. 

The Turkish Government continues to limit religious freedom in 

certain important ways, including with respect to the Greek Orthodox Church. The Halki Island Seminary, the Ecumenical Patriarchate’s institution of higher learning, has been closed since 1971, 

when the Turkish Government nationalized all private education 

institutions. As a result, for over 30 years, the Ecumenical Patriarchate has been denied a place, under its control, to train the next 

generation of Orthodox clergy. The Turkish Government continues 

to expropriate churches and other properties formerly in the possession of the Patriarchate, and has not paid compensation for 

those properties. Other limitations on religious freedom also exist. 

For example, all clergy in Turkey, including Muslim clergy, are 

prohibited from wearing ‘‘religious garb’’ in public. Thus, the Ecumenical Patriarch and all metropolitans and priests are prohibited 

from wearing hats, robes, medals, and other garments which indicate their religious office. 

Turkey’s policy is that all religious institutions on its territory 

should be run as Turkish institutions and be headed by Turkish 

nationals; accordingly, the Turkish Government denies the Ecumenical status of the Patriarch and requires that the Patriarch be 

a Turkish citizen. This severely limits the field of viable candidates. This policy, established in 1923 at the birth of the modern 

183 

Turkish state, in part reflected Turkish concerns about Greece’s 

post-World War I bid to establish sovereignty in part of Western 

Anatolia. Today, it serves to limit foreign religious influences of all 

sorts, including jihadist Islam. Turkey probably would have difficulty relaxing some of its restrictions on non-Muslim religions 

while it maintains its controls on Islamic practice. 

In contemporary times, however, the Greek Orthodox population 

of Turkey has shrunk to well under 10,000. Thanks to a 6-year-old 

Greek-Turkish rapprochement embraced as a strategic objective by 

both of Greece’s major political parties, the prospect of Greek-Turkish hostilities is remote. Therefore, to the degree that Ankara’s restrictive policy towards the Patriarchate still relates to a fear of irredentism, it is now anachronistic. For that and other reasons relating to the exercise of fundamental rights in accordance with European human rights standards, that policy should be discarded. 

Section 1109. Statement of Policy Regarding the Murder of United 

States citizen John M. Alvis. 

This section calls upon the Government of Azerbaijan to continue 

to investigate the murder of John M. Alvis, an employee of the 

International Republican Institute in Baku, Azerbaijan, when he 

was murdered on November 30, 2000, and to make this issue a priority item in relations between the Government of the United 

States and the Government of Azerbaijan. This section states that 

Congress appreciates the efforts of the Government of Azerbaijan 

to find the murderer or murderers of John M. Alvis and urges the 

Department of State to continue to make this issue a priority and 

raise it in bilateral communications. 

Section 1110. Statement of Congress and Policy with Respect to the 

Disenfranchisement of Women. 

Subsection (a) contains a finding that, following Kuwait’s May 

2005 parliamentary decision to enfranchise its female citizens, 

Saudi Arabia is now the only country in the world that restricts the 

franchise and the right to hold office to men only. Subsection (b) 

contains a statement of Congress condemning the disenfranchisement of women in Saudi Arabia and calls on the Government of 

that country to promulgate a law that grants women the right to 

vote and run for office. Subsection (c) is a policy statement encouraging the President of the United States to take appropriate action, 

including a downgrading of diplomatic relations, to encourage countries that disenfranchise women to grant women the right to vote 

and hold office. 

SUBTITLE B—SENSE OF CONGRESS PROVISIONS

Section 1111. Korean Fulbright Programs. 

This section calls for participation in the Fulbright Program by 

students from throughout South Korea, who represent a broad 

range of educational institutions, educational programs and courses 

of study. 

Section 1112. United States Relations with Taiwan. 

This section supports the issuance of visas to high-level Taiwanese officials to visit the United States on official business. In 

184 

1994, the Immigration and Nationality Technical Corrections Act of 

1994 (P.L. 103–416) made visas available for officials of Taiwan for 

specified circumstances. 

Although diplomats traveling to the United States are routinely 

issued A–1 visas, Taiwanese officials are typically granted ‘‘transit 

visas,’’ such as in the case of President Chen Shui-bian’s trip in 

May 2001. Likewise, Vice President Lu’s 3-day visit to New York 

City in June 2002 was officially designated as a ‘‘stopover.’’ 

Section 1113. Nuclear Proliferation and A.Q. Khan. 

This section recognizes Dr. Abdul Qadeer Khan’s role as a nuclear arms trafficker and China’s involvement in the trafficking 

network by providing Khan with nuclear weapons designs. The 

arms trafficking network established by Khan assisted Iran, North 

Korea, and Libya with their nuclear weapons programs with uranium-enrichment technology. The provision states the sense of the 

Congress that the United States should continue efforts to dismantle the illegal international nuclear proliferation network created by Khan; counter the proliferation of WMD from Pakistan to 

other countries; request and be given access to interview Khan and 

his associates; and take the necessary steps to ensure that Pakistan has verifiably halted nuclear technology cooperation with any 

country. 

Section 1114. Palestinian Textbooks. 

This section expresses a sense of Congress regarding Palestinian 

education. It consists of four findings and a sense of Congress regarding Palestinian education. Subsection (a) finds the Palestinian 

Authority’s (PA) ongoing textbook reform inadequate, since new 

textbooks include references to the Protocols of the Elders of Zion, 

fail to acknowledge Israel’s existence, and fail to discuss Jews in 

sections dealing with religious tolerance. Subsection (b) is a sense 

of Congress stating that the Secretary of State should express in 

the strongest possible terms U.S. opposition to the inclusion in Palestinian textbooks of materials that foster anti-Semitism and rejection of peace with Israel. It also calls on the Secretary to express 

U.S. unwillingness to support, directly or indirectly, PA educational 

programs if the PA continues to include material which does not 

foster tolerance and peace. 

Section 1115. International Convention Affirming the Human 

Rights and Dignity of Person with Disabilities. 

This section calls upon the United States to play a leading role 

in the drafting of an international convention affirming the human 

rights and dignity of persons with disabilities. In addition, the provision urges the President to authorize the Secretary of State to include leaders of the U.S. disability rights movement in the U.S. 

delegation to the Sixth Session, and subsequent sessions, of the 

United Nations Ad Hoc Committee on a Comprehensive and Integral Convention on the Protection and Promotion of the Rights and 

Dignity of Persons with Disabilities. 

Section 1116. Fulbright Scholarships for East Asia and the Pacific. 

This section consists of two findings and a sense of the Congress 

regarding the Fulbright Scholarships to Pacific Islands students. 

185 

The provision recognizes that of the 13,176 Fulbright Scholarships 

from 1949–2003 only 31 were awarded to Pacific Islands students 

and none of the 315 scholarships awarded in 2003–2004 went to 

those students. Furthermore, the provision requests the Department of State conduct a review and submit to Congress a report 

regarding the marginalization of Pacific Islands students in the 

awarding of Fulbright Scholarships. 

Section 1117. Baku-Tbilisi-Ceyhan Energy Pipeline. 

This section consists of six findings and a sense of Congress regarding the development of the east-west Baku-Tbilisi-Ceyhan 

(BTC) pipeline. The provision supports the development of oil and 

natural gas resources in the Caspian Sea region. Furthermore, the 

provision congratulates the people of the Caspian Sea region for 

the completion of the BTC pipeline, and expresses the support of 

the U.S. for the continuous development of the east-west corridor. 

Section 1118. Legislation Requiring the Fair, Comprehensive, and 

Nondiscriminatory Restitution of Private Property Confiscated 

in Poland. 

This section contains findings regarding the history of private 

property seizure by the Nazis in Poland and of the unsuccessful effort by the Polish Government to develop and enact legislation to 

compensate individuals whose property was seized. It also encourages the President and the Secretary of State to maintain a dialogue with the Government of Poland regarding this issue. 

The United States has stressed that uniform, fair, non-discriminatory, and complete restitution is a prerequisite both to adequate 

establishment of the rule-of-law and to the safeguarding of religious and minority rights and freedoms. While there has been significant success in some instances in Central Europe, there are 

other areas where no progress has been registered. Poland has 

made significant progress on communal property returns. But, Poland has not enacted any legislation providing for the restitution 

of, or compensation for, wrongly confiscated private property, despite assurances from the highest levels of the government that it 

would do so. Although a draft law is currently pending before the 

Sejm, several other drafts have failed to pass the parliament or 

have been vetoed by the Polish President. It is therefore critical 

that the United States remain engaged on this issue until such 

time as an adequate private property law is adopted and fully implemented. 

Section 1119. Child Labor Practices in the Cocoa Sectors of Cote 

D’Ivoire and Ghana. 

This section expresses a sense of Congress that commends the 

Governments of Cote d’Ivoire and Ghana for taking tangible steps 

to address child labor in the cocoa industry, encourages them to 

consider as top priority child labor and forced labor issues, recognizes the voluntary protocol and ILO convention 182, encourages 

governments, NGOs, and the chocolate industry to continue developing a child labor monitoring system, and calls on the State Department to assist the two governments in preventing trafficking 

of persons into the cocoa fields and other industries in West Africa. 

186 

Section 1120. Contributions of Iraqi Kurds. 

This section expresses a sense of Congress commending the Iraqi 

Kurds for their many contributions to, and sacrifices for, the cause 

of achieving a free, stable, and democratic Iraq. These contributions and sacrifices include their fighting alongside U.S. troops in 

the war against Saddam, where they suffered more casualties than 

any group other than the U.S. military. The Iraqi Kurdish leadership also has made constructive contributions toward establishing 

an effective Iraqi Government by participating fully in the central 

government and playing a central role in the drafting and passage 

of the Transitional Administrative Law. This provision also points 

out that the Iraqi Transitional Government and the Kurdistan Regional Government are expected to adhere to the highest standards 

of democratic governance, including through enforcement of full 

equality and rights for all religions and ethnic minorities, such as 

Assyrians and Turcomans, two groups who have at times complained of their treatment by the regional government in Iraqi 

Kurdistan. 

Section 1121. Proliferation Security Initiative. 

This section expresses a sense of Congress that: (1) the Secretary 

of State should strive to expand and strengthen the Proliferation 

Security Initiative announced on May 31, 2003, by President 

George W. Bush, placing particular emphasis on including countries outside of the North Atlantic Treaty Organization (NATO); 

and (2) the United States should seek an international instrument, 

in the form of a United Nations Security Council resolution, multilateral treaty, or other agreement, to enhance international co-operation with the Proliferation Security Initiative regarding the 

interdiction, seizure, and impoundment in international waters and 

airspace of illicit shipments of weapons of mass destruction and 

their delivery systems and of related materials, equipment, and 

technology. 

Section 1122. Security of Nuclear Weapons and Materials. 

This section expresses a sense of Congress that the President 

should seek to devise and implement standards to improve the security of nuclear weapons and materials by establishing with other 

willing nations a set of guidelines containing performance-based 

standards for the security of nuclear weapons and materials, as 

well as appropriate verification measures to assure ongoing compliance. The Committee also urges the President to work with those 

nations and the International Atomic Energy Agency (IAEA) to 

strongly encourage other nations to adopt and verifiably implement 

the standards and to complete the negotiation, adoption, and implementation of the IAEA’s proposed series of documents related to 

the security of nuclear materials. 

Section 1123. International Criminal Court and Genocide in 

Darfur, Sudan. 

This section expresses a sense of Congress that, notwithstanding 

the American Servicemembers’ Protection Act of 2002, the United 

States should render assistance to the International Criminal 

Court’s (ICC) efforts to bring to justice foreign nationals accused of 

genocide, war crimes, or crimes against humanity in Darfur, 

187 

Sudan, provided that legally binding assurances have been received 

from the U.N. Security Council or the ICC that no current or 

former United States Government official, employee, member of the 

United States Armed Forces, or United States national will be subject to prosecution by the ICC in connection with those efforts. 

Section 1124. Action Against Al-Manar Television. 

This section consists of two subsections. Subsection (a) points out 

that al-Manar television is owned and controlled by Hezbollah, 

which the Secretary of State designated a Foreign Terrorist Organization in 1996. Programming on al-Manar openly promotes hatred of Americans, Israelis and Jews, and glorifies and incites violence, including suicide bombings, against them. As background, it 

should be pointed out that al-Manar promotes hatred in a singularly overt, crude, and graphic fashion. This subsection further 

points out that al-Manar continues to broadcast to all of the Arab 

world, much of non-Arab Asia, most of Central and South America, 

and parts of Europe, with the cooperation of companies 

headquartered in Europe and the Arab world. 

Subsection (b) expresses a sense of Congress that all countries 

that host satellite companies that broadcast al-Manar, on whose 

territory al-Manar may be viewed over media subject to government regulation, or where advertising or other financial support for 

al-Manar originates, should take action to suppress al-Manar’s programming. This subsection also calls on the Arab States Broadcasting Union, which is part of the Arab League, to revoke alManar’s membership status based on al-Manar’s promotion of hatred and incitement to violence. 

Section 1125. Stability and Security in Iraq. 

This section expresses a sense of Congress that the President 

should transmit, as soon as possible, the plan to provide for a stable and secure Government of Iraq and an Iraqi military force that 

will allow the United States military presence in Iraq to be diminished. The section was modified, by unanimous consent, from the 

text originally laid before the Committee so that it no longer necessarily implies either the current existence or non-existence of 

such a plan. The Committee accepts that the Administration believes it has already provided a plan; many members share that 

view. The Administration has emphasized its commitment to the 

training and equipping of Iraqi security forces and the development 

of a viable political and economic structure in Iraq. Certain members, however, believe that the Administration’s presentation does 

not add up to an overall plan or that the plan is not adequately 

clear or specific. 

Section 1126. Property Expropriated by the Government of Ethiopia. 

This section expresses a sense of Congress that the Government 

of Ethiopia should account for, compensate, or return to U.S. citizens, property that has been nationalized or otherwise seized by 

the Government of Ethiopia in contravention of international law. 

International Federation of Accountants 

Established in 1977 at the 11th World Conference of Accountants 

in Munich Germany, the International Federation of Accountants 

188 

(IFAC) is comprised of 163 member organizations from 119 countries representing 2.5 million accountants from public practice, industry and commerce, government and academia. In 2004, IFAC 

and the United Nations Conference on Trade and Development 

(UNCTAD) entered into a Memorandum of Understanding whereby 

both organizations agreed to work on education, corporate governance, and other matters related to strengthening the worldwide accountancy profession and contributing to the development of strong 

international economies by establishing and promoting adherence 

to high-quality professional standards. IFAC accounting professionals visit the United States for conferences, study, and other 

issues related to IFAC’s mission such as the recent MOU between 

IFAC and the United Nations. The Committee recommends that 

the Department conduct a review of the work performed by IFAC 

and submit a report to the Committee that: (a) describes whether 

and if so how IFAC’s activities promote U.S. priorities relating to 

transparency and good governance and (b) provides a recommendation on whether IFAC should be designated as an international organization for purposes of applicable U.S. law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

CHAPTER 203 OF TITLE 18, UNITED STATES CODE 

CHAPTER 203—ARREST AND COMMITMENT 

Sec. 

3041. Power of courts and magistrates. 

* * * * * * * 

3064. Powers of special agents in the Department of State and the Foreign Service. 

* * * * * * * 

§ 3064. Powers of special agents in the Department of State 

and the Foreign Service 

Whoever knowingly and willfully obstructs, resists, or interferes 

with a Federal law enforcement agent engaged in the performance 

of the protective functions authorized by section 37 of the State Department Basic Authorities Act of 1956 or by section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 shall be 

fined under this title or imprisoned not more than one year, or both. 

STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956 

TITLE I—BASIC AUTHORITIES GENERALLY 

ORGANIZATION OF THE DEPARTMENT OF STATE

SECTION 1. (a) * * * 

(b) UNDER SECRETARIES.— 

189 

(1) * * * 

(2) UNDER SECRETARY FOR ARMS CONTROL AND INTER- NATIONAL SECURITY.—øThere¿ 

(A) IN GENERAL.—There shall be in the Department of 

State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Arms Control and International Security, who shall assist the Secretary and the 

Deputy Secretary in matters related to international security policy, arms control, and nonproliferation. Subject to 

the direction of the President, the Under Secretary may attend and participate in meetings of the National Security 

Council in his role as Senior Advisor to the President and 

the Secretary of State on Arms Control and Nonproliferation Matters. 

(B) DUTIES.—The Under Secretary for Arms Control 

and International Security shall be responsible for— 

(i) coordinating and executing a United States 

strategy for strengthening multilateral export controls; 

(ii) coordinating the activities of all bureaus and 

offices of the Department of State that have responsibility for export control policy, licensing, or assistance; 

and 

(iii) serving as the chairperson of the Strategic Export Control Board established under section 712 of the 

Strategic Export Control and Security Assistance Act of 

2005. 

(C) DEPUTY UNDER SECRETARY FOR STRATEGIC EXPORT

CONTROL.—There shall be in the Department of State a 

Deputy Under Secretary for Strategic Export Control who 

shall have primary responsibility to assist the Under Secretary for Arms Control and International Security in carrying out the responsibility of the Under Secretary described in subparagraph (B)(iii). 

* * * * * * * 

(4) UNDER SECRETARY OF STATE FOR DEMOCRACY AND

GLOBAL AFFAIRS.—There shall be in the Department of State, 

among the Under Secretaries authorized by paragraph (1), an 

Under Secretary of State for Democracy and Global Affairs, 

who shall have primary responsibility to assist the Secretary 

and the Deputy Secretary in the formulation and implementation of United States policies and activities relating to the transition to and development of democracy in nondemocratic countries and to coordinate United States policy on global issues, including issues related to human rights, women’s rights, freedom 

of religion, labor standards and relations, the preservation of 

the global environment, the status and protection of the oceans, 

scientific cooperation, narcotics control, law enforcement, population issues, refugees, migration, war crimes, and trafficking 

in persons. The Secretary may assign such other responsibilities 

to the Under Secretary for Democracy and Global Affairs as the 

Secretary determines appropriate or necessary. In particular, 

the Under Secretary shall have the following responsibilities: 

(A) Coordinating with the Under Secretary for Public 

Diplomacy and Public Affairs and officers and employees 

from the regional bureaus of the Department of State to 

190 

promote the transition to democracy in nondemocratic 

countries and strengthen development of democracy in 

countries that are in transition to democracy. 

(B) Advising the Secretary regarding any recommendation requested by any official of any other agency that relates to the human rights situation in a foreign country or 

the effects on human rights or democracy in a foreign country of an agency program of such official. 

ø(4)¿ (5) NOMINATION OF UNDER SECRETARIES.—Whenever 

the President submits to the Senate a nomination of an individual for appointment to a position in the Department of 

State that is described in paragraph (1), the President shall 

designate the particular Under Secretary position in the Department of State that the individual shall have. 

(c) ASSISTANT SECRETARIES.— (1) * * * 

(2) ASSISTANT SECRETARY OF STATE FOR DEMOCRACY, HUMAN RIGHTS, AND LABOR.—(A) There shall be in the Department of State an Assistant Secretary of State for Democracy, 

Human Rights, and Labor who shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of 

war and members of the United States Armed Forces missing 

in action) in the conduct of foreign policy and such other related duties as the Secretary may from time to time designate. 

The Assistant Secretary of State for Democracy, Human Rights, 

and Labor shall also be responsible for matters relating to the 

transition to and development of democracy in nondemocratic 

countries, including promoting and strengthening the development of democracy in foreign countries that are in the early 

stages of a transition to democracy and evaluating the effectiveness of United States programs that promote democracy. The 

Secretary of State shall carry out the Secretary’s responsibility 

under section 502B of the Foreign Assistance Act of 1961 

through the Assistant Secretary. 

* * * * * * * 

SEC. 24. (a) * * * 

(b)(1) * * * 

* * * * * * * 

(7)(A) * * * 

* * * * * * * 

ø(D) The authorities contained in this section may only be exercised to such an extent and in such amounts as specifically provided for in advance in appropriations Acts.¿ 

* * * * * * * 

EXPENSES RELATING TO PARTICIPATION IN ARBITRATIONS OF CERTAIN

DISPUTES

SEC. 38. (a) * * * 

* * * * * * * 

(d) INTERNATIONAL LITIGATION FUND.— 

191 

(1) * * * 

* * * * * * * 

(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. 

* * * * * * * 

DEFENSE TRADE CONTROLS REGISTRATION FEES

SEC. 45. For each fiscal year, 100 percent of the registration 

fees collected by the Office of Defense Trade Controls of the Department of State shall be credited to a Department of State account, to be available without fiscal year limitation. Fees credited 

to that account shall be available only for payment of expenses incurred for— 

(1) * * * 

(2) the automation of defense trade control functions, including compliance and enforcement activities, and the processing of defense trade control license applications, including 

the development, procurement, and utilization of computer 

equipment and related software; øand¿ 

(3) the enhancement of defense trade export compliance 

and enforcement activities, including compliance audits of 

United States and foreign parties, the conduct of administrative proceedings, monitoring of end-uses in cases of direct commercial arms sales or other transfers, and cooperation in proceedings for enforcement of criminal laws related to defense 

trade export controlsø.¿; and 

(4) functions of the Strategic Export Control Board established under section 712 of the Strategic Export Control and Security Assistance Act of 2005. 

* * * * * * * 

FOREIGN SERVICE ACT OF 1980 

SECTION 1. SHORT TITLE.—This Act may be cited as the ‘‘Foreign Service Act of 1980’’. 

SEC. 2. TABLE OF CONTENTS.—The table of contents for this 

Act is as follows: 

TABLE OF CONTENTS 

Sec. 1. Short title. 

* * * * * * * 

CHAPTER 4—COMPENSATION

* * * * * * * 

Sec. 415. Overseas comparability pay adjustment. 

192 

CHAPTER 5—CLASSIFICATION OF POSITIONS AND ASSIGNMENTS

Sec. 501. Classification of positions. 

* * * * * * * 

øSec. 503. Assignments to agencies, international organizations, and other bodies.¿ 

Sec. 503. Assignments to agencies, international organizations, foreign governments, 

or other bodies. 

* * * * * * * 

Sec. 506. Fellowship of Hope Program. 

* * * * * * * 

CHAPTER 6—PROMOTION AND RETENTION

Sec. 601. Promotions. 

* * * * * * * 

øSec. 610. Separation for cause.¿ 

Sec. 610. Separation for cause; suspension. 

* * * * * * * 

CHAPTER 3—APPOINTMENTS

* * * * * * * 

SEC. 302. APPOINTMENTS BY THE PRESIDENT.—(a) * * * 

* * * * * * * 

(c) If an individual (with respect to subsection (a)) or a member 

of the Service (with respect to subsection (b)) is appointed by the 

President to be a chief of mission in a country at the time such 

country is categorized as nondemocratic in an Annual Report on Democracy (required under section 612(a) of the Advance Democratic 

Values, Address Nondemocratic Countries, and Enhance Democracy 

Act of 2005), and if such individual or such member has previously 

served as chief of mission in a country that was so categorized, the 

President shall transmit to the Committee on Foreign Relations of 

the Senate a written report summarizing the actions that such individual or member took during the period of such prior service to 

promote democracy and human rights in such country, including 

actions in furtherance of the strategy contained in such report. 

* * * * * * * 

SEC. 304. APPOINTMENT OF CHIEFS OF MISSION.—(a)(1) An individual appointed or assigned to be a chief of mission should possess clearly demonstrated competence to perform the duties of a 

chief of mission, including, to the maximum extent practicable, a 

useful knowledge of the principal language or dialect of the country 

in which the individual is to serve, and knowledge and understanding of the history, the culture, the economic and political institutions, and the interests of that country and its people. If the 

country in which the individual is to serve is categorized as nondemocratic in the most recent Annual Report on Democracy (as required under section 612(a) of the Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 

2005), the individual should possess clearly demonstrated competence in and commitment to the promotion of democracy in such 

country, including competence in promoting democratic principles, 

practices, and values through regular interaction with individuals, 

including students and young people within such country, who support and advocate such principles, practices, and values. 

* * * * * * * 

193 

SEC. 309. LIMITED APPOINTMENTS.—(a) A limited appointment 

in the Service, including an appointment of an individual who is 

an employee of an agency, may not exceed 5 years in duration and, 

except as provided in øsubsection (b)¿ subsections (b) or (c), may 

not be extended or renewed. A limited appointment in the Service 

which is limited by its terms to a period of one year or less is a 

temporary appointment. 

(b) A limited appointment may be extended for continued service— 

(1) * * * 

* * * * * * * 

ø(3) as a career candidate, if continued service is determined 

appropriate to remedy a matter that would be cognizable as a 

grievance under chapter 11;¿ 

(3) as a career candidate, if— 

(A) continued service is determined appropriate to remedy 

a matter that would be cognizable as a grievance under chapter 

11; or 

(B) the career candidate is called to military active duty 

pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103–353; codified in 

chapter 43 of title 38, United States Code) and the limited appointment expires in the course of such military active duty; 

(4) as a career employee in another Federal personnel system 

serving in a Foreign Service position on detail from another agency; 

øand¿ 

(5) as a foreign national employeeø.¿; and 

(6) in exceptional circumstances where the Secretary determines 

the needs of the Service require the extension of a limited appointment— 

(A) for a period of time not to exceed 12 months, provided 

such period of time does not permit additional review by the 

boards under section 306; or 

(B) for the minimum time needed to settle a grievance, 

claim, or complaint not otherwise provided for in this section. 

(c) Noncareer specialist employees who have served five consecutive years under a limited appointment may be reappointed to a 

subsequent limited appointment provided there is at least a one year 

break in service before such new appointment. This requirement 

may be waived by the Director General in cases of special need. 

* * * * * * * 

CHAPTER 4—COMPENSATION

* * * * * * * 

SEC. 405. PERFORMANCE PAY.—(a) * * * 

* * * * * * * 

(d) The President may grant awards of performance pay under 

subsection (b)(3) on the basis of annual recommendations by the 

Secretary of State of members of the Senior Foreign Service who 

are nominated by their agencies as having performed especially 

meritorious or distinguished service. Such service in the promotion 

of internationally recognized human rights, including the right to 

freedom of religion, shall serve as a basis for granting awards 

194 

under this section. Meritorious or distinguished service in the promotion of democracy in foreign countries, including contact with 

and support of individuals and nongovernmental organizations that 

promote democracy in a foreign country categorized as nondemocratic in the most recent Annual Report on Democracy (as required 

under section 612(a) of the Advance Democratic Values, Address 

Nondemocratic Countries, and Enhance Democracy Act of 2005), 

shall also serve as a basis for granting awards under this section. 

Recommendations by the Secretary of State under this subsection 

shall be made on the basis of recommendations by special interagency selection boards established by the Secretary of State for 

the purpose of reviewing and evaluating the nominations of agencies. 

* * * * * * * 

SEC. 413. DEATH GRATUITY.—(a) The Secretary may provide for 

payment of a gratuity to the surviving dependents of any Foreign 

Service employee who dies as a result of injuries sustained in the 

performance of duty abroad, in an amount equal to one year’s salary at the time of death or $100,000, whichever is greater. Any 

death gratuity payment made under this section shall be held to 

have been a gift and shall be in addition to any other benefit payable from any source. 

* * * * * * * 

SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 

(a) IN GENERAL.—In accordance with subsection (c), a member 

of the Service who is designated class 1 or below and who does not 

have as an official duty station a location in the continental United 

States or in a non-foreign area shall receive locality-based comparability payments under section 5304 of title 5, United States 

Code, that would be paid to such member if such member’s official 

duty station would have been Washington, D.C. 

(b) TREATMENT AS BASIC PAY.—The locality-based comparability payment described in subsection (a) shall— 

(1) be considered to be part of the basic pay of a member 

in accordance with section 5304 of title 5, United States Code, 

for the same purposes for which comparability payments are 

considered to be part of basic pay under such section; and 

(2) be subject to any applicable pay limitations. 

(c) PHASE-IN.—The comparability pay adjustment described 

under this section shall be paid to a member described in subsection 

(a) in three phases, as follows: 

(1) In fiscal year 2006, 33.33 percent of the amount of such 

adjustment to which such member is entitled. 

(2) In fiscal year 2007, 66.66 percent of the amount of such 

adjustment to which such member is entitled. 

(3) In fiscal year 2008 and subsequent fiscal years, 100.00 

percent of the amount of such adjustment to which such member is entitled. 

CHAPTER 5—CLASSIFICATION OF POSITIONS AND ASSIGNMENTS

* * * * * * * 

SEC. 503. ASSIGNMENTS TO AGENCIES, INTERNATIONAL ORGANIZATIONS, øAND¿ FOREIGN GOVERNMENTS, OR OTHER BODIES.—(a) 

195 

The Secretary may (with the concurrence of the agency, organization, foreign government, 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) ESTABLISHMENT.—The Secretary is authorized to establish a 

program to be known as 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 of such country or entity to be assigned to a position with the Department. 

(b) SALARY AND BENEFITS.—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 

the Program shall be paid by such country or entity during the period in which such employee is participating in the Program. 

(c) DEFINITIONS.—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. 

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to— 

(1) authorize the appointment as an officer or employee of 

the United States of— 

(A) an individual whose allegiance is to any country, 

government, or foreign or international entity other than to 

the United States; or 

(B) an individual who has not met the requirements of 

sections 3331, 3332, 3333, and 7311 of title 5, United 

States Code, and any other provision of law concerning eligibility for appointment as, and continuation of employment as, an officer or employee of the United States; or 

(2) authorize the Secretary to assign a member of the Service to a position with any foreign country whose law, or to any 

foreign or international entity whose rules, require such member to give allegiance or loyalty to such country or entity while 

assigned to such position. 

CHAPTER 6—PROMOTION AND RETENTION

* * * * * * * 

SEC. 603. BASIS FOR SELECTION BOARD REVIEW.—(a) * * * 

(b) Precepts for selection boards shall include a description of 

the needs of the Service for performance requirements, skills, and 

196 

qualities, which are to be considered in recommendations for promotion. The precepts for selection boards responsible for recommending promotions into and within the Senior Foreign Service 

shall emphasize performance which demonstrates the strong policy 

formulation capabilities, executive leadership qualities, and highly 

developed functional and area expertise, which are required for the 

Senior Foreign Service. The precepts for selection boards shall include, whether the member of the Service or the member of the 

Senior Foreign Service, as the case may be, has demonstrated— 

(1) * * * 

(2) other experience in public diplomacyø.¿, and shall consider whether the member of the Service has served in a position whose primary responsibility is to formulate policy toward 

or represent the United States at an international organization, 

a multilateral institution, or a broad-based multilateral negotiation of an international instrument. Precepts for selection 

boards shall also, where applicable, include an evaluation of 

whether members of the Service and members of the Senior Foreign Service have met the standards of performance established 

by the Secretary pursuant to section 619(c) of the Advance 

Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2005, or have served in a position in 

which the primary responsibility is to monitor or promote democracy or human rights. 

* * * * * * * 

SEC. 610. SEPARATION FOR CAUSE; SUSPENSION.—(a) * * * 

* * * * * * * 

(c)(1) The Secretary may suspend a member of the Service without pay when there is reasonable cause to believe that the member 

has committed a crime for which a sentence of imprisonment may 

be imposed and there is a connection between the conduct and the 

efficiency of the Foreign Service. 

(2) Any member of the Service for whom 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 this subsection: 

(A) The term ‘‘reasonable time’’ means— 

(i) with respect to a member of the 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 Service assigned to 

duty outside the United States, 30 days after receiving notice of the proposed suspension. 

197 

(B) The terms ‘‘suspend’’ and ‘‘suspension’’ mean the placing of a member of the Service in a temporary status without 

duties and pay. 

* * * * * * * 

SEC. 614. FOREIGN SERVICE AWARDS.—The President shall establish a system of awards to confer appropriate recognition of outstanding contributions to the Nation by members of the Service. 

The awards system established under this section shall provide for 

presentation by the President and by the Secretary of medals or 

other suitable commendations for performance in the course of or 

beyond the call of duty which involves distinguished, meritorious 

service to the Nation, including extraordinary valor in the face of 

danger to life or health. Distinguished, meritorious service in the 

promotion of internationally recognized human rights, including 

the right to freedom of religion, shall serve as a basis for granting 

awards under this section. Distinguished or meritorious service in 

the promotion of democracy in foreign countries, including contact 

with and support of individuals and nongovernmental organizations that promote democracy in a foreign country categorized as 

nondemocratic in the most recent Annual Report on Democracy (as 

required under section 612(a) of the Advance Democratic Values, 

Address Nondemocratic Countries, and Enhance Democracy Act of 

2005), shall also serve as a basis for granting awards under this 

section. 

CHAPTER 7—CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

* * * * * * * 

SEC. 708. TRAINING FOR FOREIGN SERVICE OFFICERS. 

ø(a) The¿ (a) TRAINING ON HUMAN RIGHTS.—The Secretary of 

State, with the assistance of other relevant officials, such as the 

Ambassador at Large for International Religious Freedom appointed under section 101(b) of the International Religious Freedom Act of 1998 and the director of the George P. Shultz National 

Foreign Affairs Training Center, shall establish as part of the 

standard training provided after January 1, 1999, for officers of the 

Service, including chiefs of mission, instruction in the field of internationally recognized human rights. Such training shall include— 

(1) * * * 

* * * * * * * 

ø(b) The¿ (b) TRAINING ON REFUGEE LAW AND RELIGIOUS PERSECUTION.—The Secretary of State shall provide sessions on refugee law and adjudications and on religious persecution to each individual seeking a commission as a United States consular officer. 

The Secretary shall also ensure that any member of the Service 

who is assigned to a position that may be called upon to assess requests for consideration for refugee admissions, including any consular officer, has completed training on refugee law and refugee adjudications in addition to the training required in this section. 

(c) TRAINING ON GLOBAL DEMOCRACY PROMOTION.— 

(1) IN GENERAL.—In addition to the training required 

under subsections (a) and (b), the Secretary of State, in cooperation with other relevant officials, including the Under Secretary 

of State for Democracy and Global Affairs, and the Director of 

198 

the National Foreign Affairs Training Center of the Foreign 

Service Institute of the Department of State, shall establish as 

part of the training provided after December 31, 2006, for members of the Service, including all chiefs of mission and deputy 

chiefs of mission, instruction in how to strengthen and promote 

democracy through peaceful means in consultation with individuals and nongovernmental organizations that support democratic principles, practices, and values. In particular, such instruction shall be mandatory for members of the Service having 

reporting or other responsibilities relating to internal political 

developments and human rights, including religious freedom, 

in nondemocratic countries or democratic transition countries 

as categorized in the most recent Annual Report on Democracy 

as required under section 612(a) of the Advance Democratic 

Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2005, including for chiefs of mission and deputy 

chiefs of mission, and shall be completed before the time that 

such member or chief of mission assumes a post (or, if such is 

not practical, within the first year of assuming such post). 

(2) CONTENTS OF TRAINING.—The training required under 

paragraph (1) shall include instruction, a training manual, and 

other materials regarding the following: 

(A) International documents and United States policy 

regarding electoral democracy and respect for human 

rights. 

(B) United States policy regarding the promotion and 

strengthening of democracy around the world, with particular emphasis on the transition to democracy in nondemocratic countries. 

(C) For any member, chief of mission, or deputy chief 

of mission who is to be assigned to a foreign country that 

is categorized as nondemocratic in the Annual Report on 

Democracy, instruction regarding ways to promote democracy in such country and providing technical, financial, 

and other support to individuals (including expatriated 

citizens) and nongovernmental organizations in such country that support democratic principles, practices, and values. 

(D) The protection of internationally recognized human 

rights (including the protection of religious freedom) and 

standards related to such rights, provisions of United 

States law related to such rights, diplomatic tools to promote respect for such rights, the protection of individuals 

who have fled their countries due to violations of such 

rights (including the role of United States embassies in providing access to the United States Refugee Admissions Program) and the relationship between respect for such rights 

and democratic development and national security. The Director of the National Foreign Affairs Training Center of 

the Foreign Service Institute of the Department of State 

shall consult with nongovernmental organizations involved 

in the protection and promotion of such rights and the 

United States Commission on International Religious Freedom (established under section 201(a) of the International 

199 

Religious Freedom Act of 1998 (22 U.S.C. 6431(a)) in developing the training required by this subparagraph. 

CHAPTER 8—FOREIGN SERVICE RETIREMENT AND DISABILITY

SUBCHAPTER I—FOREIGN SERVICE RETIREMENT AND DISABILITY

SYSTEM

* * * * * * * 

SEC. 805. CONTRIBUTIONS TO THE FUND.—(a)(1) Except as otherwise provided in this section, ø7.25 percent¿ 7.00 percent of the 

basic salary received by each participant shall be deducted from 

the salary and contributed to the Fund for the payment of annuities, cash benefits, refunds, and allowances. øThe contribution by 

the employing agency shall be a percentage of basic salary equal 

to the percentage in effect under section 7001(d)(1) of the Balanced 

Budget Act of 1997 (Public Law 105–33; 22 U.S.C. 4045 note), and 

section 505(h) of the Department of Transportation and Related 

Agencies Appropriations Act, 2001 (as enacted by Public Law 106– 

346; 114 Stat. 1356A–54), plus .25 percent of basic salary, and 

shall be made¿ An equal amount shall be contributed by the employing agency from the appropriations or fund used for payment 

of the salary of the participant. The employing agency shall deposit 

in the Fund the amounts deducted and withheld from basic salary 

and the amounts contributed by the employing agency. 

(2) Notwithstanding the percentage limitation contained in 

paragraph (1) of this subsection— 

(A) the employing agency shall deduct and withhold from 

the basic pay of a Foreign Service criminal investigator/inspector of the Office of the Inspector General, Agency for International Development, who is qualified to have his annuity 

computed in the same manner as that of a law enforcement officer pursuant to section 8339(d) of title 5, an amount equal to 

that to be withheld from a law enforcement officer pursuant to 

section 8334(a)(1) of title 5ø, plus an amount equal to .25 percent of basic pay¿. The amounts so deducted shall be contributed to the Fund for the payment of annuities, cash benefits, 

refunds, and allowances. An equal amount shall be contributed 

by the employing agency from the appropriations or fund used 

for payment of the salary of the participant. The employing 

agency shall deposit in the Fund the amount deducted and 

withheld from basic salary and amounts contributed by the 

employing agency. 

(B) The employing agency shall deduct and withhold from 

the basic pay of a Foreign Service criminal investigator/inspector of the Office of the Inspector General, Agency for International Development, who is qualified to have his annuity 

computed pursuant to section 8415(d) of title 5, an amount 

equal to that to be withheld from a law enforcement officer 

pursuant to section 8422(a)(2)(B) of title 5ø, plus an amount 

equal to .25 percent of basic pay¿. The amounts so deducted 

shall be contributed to the Fund for the payment of annuities, 

cash benefits, refunds, and allowances. An equal amount shall 

be contributed by the employing agency from the appropriations or fund used for payment of the salary of the participant. 

The employing agency shall deposit in the Fund the amounts 

200 

deducted and withheld from basic salary and amounts contributed by the employing agency. 

(3) For service as a special agent, paragraph (1) shall be applied by substituting for ‘‘7 percent’’ the percentage that applies to 

law enforcement officers under section 8334(a)(1) of title 5, United 

States Codeø, plus .25 percent¿. 

* * * * * * * 

SEC. 806. COMPUTATION OF ANNUITIES.—(a)(1) * * * 

* * * * * * * 

(9) For purposes of any annuity computation under this subsection, the basic salary or basic pay of any member of the Service 

whose official duty station øis outside¿ was outside the continental 

United States for any period of time from December 29, 2002, to the 

first day of the first full pay period beginning after the date of applicability of the overseas comparability pay adjustment under section 415 shall be considered to be the salary or pay that would 

have been paid to the member had the member’s official duty station been Washington, D.C., including locality-based comparability 

payments under section 5304 of title 5, United States Code, that 

would have been payable to the member if the member’s official 

duty station had been Washington, D.C. 

* * * * * * * 

SUBCHAPTER II—FOREIGN SERVICE PENSION SYSTEM

* * * * * * * 

SEC. 855. ENTITLEMENT TO ANNUITY.—(a)(1) * * * 

* * * * * * * 

(3) For purposes of any annuity computation under this subsection, the average pay (as used in section 8414 of title 5, United 

States Code) of any member of the Service whose official duty station øis outside¿ was outside the continental United States for any 

period of time from December 29, 2002, to the first day of the first 

full pay period beginning after the date of applicability of the overseas comparability pay adjustment under section 415 shall be considered to be the salary that would have been paid to the member 

had the member’s official duty station been Washington, D.C., including locality-based comparability payments under section 5304 

of title 5, United States Code, that would have been payable to the 

member if the member’s official duty station had been Washington, 

D.C. 

* * * * * * * 

SEC. 856. DEDUCTIONS AND WITHHOLDINGS FROM PAY.—(a)(1) 

* * * 

ø(2) The applicable percentage under this subsection shall be 

as follows: 

7.5 ........... Before January 1, 1999. 

7.75 ......... January 1, 1999, to December 31, 1999. 

7.9 ........... January 1, 2000, to December 31, 2000. 

7.55 ......... After January 11, 2003.¿ 

(2) The applicable percentage under this subsection shall be 

as follows: 

201 

Percentage Time Period 

7.5 ................................................................................... Before January 1, 1999. 

7.75 ................................................................................. January 1, 1999, to December 31, 1999. 

7.9 ................................................................................... January 1, 2000, to December 31, 2000. 

7.55 ................................................................................. January 11, 2003, to 

September 30, 2004.

7.5 ................................................................................... After September 30, 

2004. 

* * * * * * * 

CHAPTER 9—TRAVEL, LEAVE, AND OTHER BENEFITS

SEC. 901. TRAVEL AND RELATED EXPENSES.—The Secretary 

may pay the travel and related expenses of members of the Service 

and their families, including costs or expenses incurred for— 

(1) * * * 

* * * * * * * 

(6) rest and recuperation travel of members of the Service 

who are United States citizens, and members of their families, 

while serving at locations abroad specifically designated by the 

Secretary for purposes of this paragraph, to— 

(A) * * * 

* * * * * * * 

except that, unless the Secretary otherwise specifies in extraordinary circumstances, travel expenses under this paragraph 

shall be limited to the cost for a member of the Service, and 

for each member of the family of the member, of 1 round trip 

during any continuous 2-year tour øunbroken by home leave¿ 

and of 2 round trips during any continuous 3-year tour øunbroken 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 

ø18 months¿ 12 months of continuous service abroad. The Secretary shall order on such a leave of absence a member of the Service (other than a member employed under section 311) who is a citizen of the United States as soon as possible after completion by 

that member of 3 years of continuous service abroad. 

* * * * * * * 

SEC. 904. HEALTH CARE.—(a) * * * 

* * * * * * * 

(g) Reimbursements paid to the Department of State for funding 

the costs of medical care abroad for employees and eligible family 

members shall be credited to the currently available applicable appropriation account. Notwithstanding any other provision of law, 

such reimbursements shall be available for obligation and expendiVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00201 Fmt 6659 Sfmt 6603 E:\HR\OC\HR168.XXX HR168
202 

ture during the fiscal year in which they are received or for such 

longer period of time as may be provided in law. 

* * * * * * * 

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)), disciplinary action against øthe 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. 

* * * * * * * 

SECTION 301 OF THE DIPLOMATIC SECURITY ACT 

SEC. 301. ACCOUNTABILITY REVIEW BOARDS. 

(a) IN GENERAL.— 

(1) CONVENING A BOARD.—Except as provided in øparagraph (2)¿ paragraphs (2) and (3), in any case of serious injury, loss of life, or significant destruction of property at, or related to, a United States Government mission abroad, and in 

any case of a serious breach of security involving intelligence 

activities of a foreign government directed at a United States 

Government mission abroad, which is covered by the provisions 

of titles I through IV (other than a facility or installation subject to the control of a United States area military commander), the Secretary of State shall convene an Accountability Review Board (in this title referred to as the ‘‘Board’’). 

The Secretary shall not convene a Board where the Secretary 

203 

determines that a case clearly involves only causes unrelated 

to security. 

* * * * * * * 

(3) FACILITIES IN AFGHANISTAN AND IRAQ.— 

(A) LIMITED EXEMPTIONS FROM REQUIREMENT TO CONVENE BOARD.—The Secretary of State is not required to convene a Board in the case of an incident that— 

(i) involves serious injury, loss of life, or significant 

destruction of property at, or related to, a United 

States Government mission in Afghanistan or Iraq; 

and 

(ii) occurs during the period beginning on July 1, 

2004, and ending on September 30, 2009. 

(B) REPORTING REQUIREMENTS.—In the case of an incident described in subparagraph (A), the Secretary shall— 

(i) promptly notify the Committee on International 

Relations of the House of Representatives and the Committee on Foreign Relations of the Senate of the incident; 

(ii) conduct an inquiry of the incident; and 

(iii) upon completion of the inquiry required by 

clause (ii), submit to each such Committee a report on 

the findings and recommendations related to such inquiry and the actions taken with respect to such recommendations. 

* * * * * * * 

SECTION 406 OF THE OMNIBUS DIPLOMATIC SECURITY 

AND ANTITERRORISM ACT OF 1986 

SEC. 406. EFFICIENCY IN CONTRACTING. 

(a) * * * 

* * * * * * * 

ø(c) DISQUALIFICATION OF CONTRACTORS.—No person doing 

business with Libya may be eligible for any contract awarded pursuant to this Act.¿ 

ACT OF JULY 3, 1926 

AN ACT To regulate the issue and validity of passports, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That the Secretary of State may grant and issue passports, and cause passports 

to be granted, issued, and verified in foreign countries by diplomatic and consular officers of the United States, and by such other 

employees of the Department of State who are citizens of the 

United States as the Secretary of State may designate, and by the 

chief or other executive officer of the insular possessions of the 

United States, under such rules as the President shall designate 

and prescribe for and on behalf of the United States, and no other 

person shall grant, issue, or verify such passports. For purposes of 

the issuance of a passport to a United States citizen born in the city 

204 

of Jerusalem, the Secretary shall, upon the request of the citizen or 

the citizen’s legal guardian, record the place of birth as Israel. Unless authorized by law, a passport may not be designated as restricted for travel to or for use in any country other than a country 

with which the United States is at war, where armed hostilities are 

in progress, or where there is imminent danger to the public health 

or the physical safety of United States travellers. 

* * * * * * * 

SECTION 103 OF THE HUMAN RIGHTS, REFUGEE, AND 

OTHER FOREIGN RELATIONS PROVISIONS ACT OF 1996 

SEC. 103. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR TIBETANS AND BURMESE. 

(a) * * * 

(b) SCHOLARSHIPS FOR TIBETANS AND BURMESE.— 

(1) Subject to the availability of appropriations, øfor the 

fiscal year 2003¿ for each of fiscal years 2006 and 2007 at least 

30 scholarships shall be made available to Tibetan students 

and professionals who are outside Tibet (if practicable, including individuals active in the preservation of Tibet’s unique culture, religion, and language), and at least 15 scholarships shall 

be made available to Burmese students and professionals who 

are outside Burma. 

* * * * * * * 

SECTION 3 OF THE AMERICAN INSTITUTE IN TAIWAN 

FACILITIES ENHANCEMENT ACT 

SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated øthe sum of $75,000,000¿ such sums as may be 

necessary to AIT— 

(1) * * * 

* * * * * * * 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART III—EMPLOYEES 

* * * * * * * 

SUBPART D—PAY AND ALLOWANCES 

* * * * * * * 

CHAPTER 57—TRAVEL, TRANSPORTATION, AND 

SUBSISTENCE 

* * * * * * * 

205 

SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 

* * * * * * * 

§ 5753. Recruitment and relocation bonuses 

(a)(1) * * * 

* * * * * * * 

(2) A bonus may not be paid under this section to an individual 

who is appointed to or who holds— 

(A) a position to which an individual is appointed by the 

President, by and with the advice and consent of the Senate, 

but does not include members of the Foreign Service other than 

chiefs of mission and ambassadors-at-large; 

* * * * * * * 

§ 5754. Retention bonuses 

(a)(1) * * * 

* * * * * * * 

(2) A bonus may not be paid under this section to an individual 

who is appointed to or who holds— 

(A) a position to which an individual is appointed by the 

President, by and with the advice and consent of the Senate, 

but does not include members of the Foreign Service other than 

chiefs of mission and ambassadors-at-large; 

* * * * * * * 

CHAPTER 59—ALLOWANCES 

* * * * * * * 

SUBCHAPTER II—QUARTERS 

* * * * * * * 

§ 5913. Official residence expenses 

(a) * * * 

* * * * * * * 

(c) Funds made available under subsection (b) may be provided 

in advance to persons eligible to receive reimbursements. 

* * * * * * * 

SUBCHAPTER III—OVERSEAS DIFFERENTIALS AND 

ALLOWANCES 

* * * * * * * 

§ 5924. Cost-of-living allowances 

The following cost-of-living allowances may be granted, when 

applicable, to an employee in a foreign area: 

(1) * * * 

* * * * * * * 

(4) An education allowance or payment of travel costs to 

assist an employee with the extraordinary and necessary exVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00205 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
206 

penses, not otherwise compensated for, incurred because of his 

service in a foreign area or foreign areas in providing adequate 

education for his dependents (or, to the extent education away 

from post is involved, official assignment to service in such 

area or areas), as follows: 

(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 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 

United States locality where an adequate school is available, without regard to section 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. 

ø(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 

207 

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 or post-secondary educational institution, not to exceed one annual trip each way for each dependent, except that an allowance payment under subparagraph (A) 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. 

§ 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 ø25 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. 

* * * * * * * 

§ 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 ø25 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 

ø25 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 

208 

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 

* * * * * * * 

§ 8332. Creditable service 

(a) * * * 

(b) The service of an employee shall be credited from the date 

of original employment to the date of separation on which title to 

annuity is based in the civilian service of the Government. Except 

as provided in paragraph (13) of this subsection, credit may not be 

allowed for a period of separation from the service in excess of 3 

calendar days. The service includes— 

(1) * * * 

* * * * * * * 

(11) subject to sections 8334(c) and 8339(i) of this title, 

service in any capacity of at least 130 days (or its equivalent) 

per calendar year performed after July 1, 1946, for the National Committee for a Free Europe; Free Europe Committee, 

Incorporated; Free Europe, Incorporated; Radio Liberation 

Committee; Radio Liberty Committee; subdivisions of any of 

those organizations; Radio Free Europe/Radio Liberty, Incorporated, Radio Free Asia; the Middle East Broadcasting Networks; the Asia Foundation; 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; 

* * * * * * * 

SECTION 591 OF THE FOREIGN OPERATIONS, EXPORT 

FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2004 

POST DIFFERENTIALS AND DANGER PAY ALLOWANCES

SEC. 591. (a) * * * 

* * * * * * * 

ø(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 

209 

until the same authority is enacted for employees of the Department of State.¿ 

* * * * * * * 

FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL 

YEAR 2003 

* * * * * * * 

TITLE III—ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF 

STATE 

* * * * * * * 

Subtitle B—Personnel Matters 

* * * * * * * 

SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE 

PERFORMED ABROAD. 

(a) * * * 

* * * * * * * 

(f) IMPLEMENTATION.—The Office of Personnel Management, in 

consultation with the Secretary, shall prescribe such regulations, not later than 60 days after the date of the enactment of the Foreign 

Relations Authorization Act, Fiscal Years 2006 and 2007, and take 

such action as may be necessary and appropriate to implement this 

section. 

* * * * * * * 

SEC. 324. REPORT CONCERNING MINORITY EMPLOYMENT. 

On øApril 1, 2003, and April 1, 2004,¿ April 1, 2006, and April 

1, 2007, the Secretary shall submit a comprehensive report to Congress, with respect to the preceding calendar year, concerning the 

employment of members of minority groups at the Department, including the Civil Service and the Foreign Service. The report shall 

include the following data (reported in terms of real numbers and 

percentages and not as ratios): 

(1) For the last preceding Foreign Service examination and 

promotion cycles for which such information is available— 

(A) the numbers and percentages of members of all 

minority groups and women taking the written Foreign 

Service examination; 

(B) the numbers and percentages of members of all 

minority groups and women successfully completing and 

passing the written Foreign Service examination; 

(C) the numbers and percentages of members of all 

minority groups and women successfully completing and 

passing the oral Foreign Service examination; 

210 

(D) the numbers and percentages of members of all 

minority groups and women entering the junior officer 

class of the Foreign Service; 

(E) the numbers and percentages of members of all 

minority groups and women who are Foreign Service officers at each grade; and 

(F) the numbers and percentages of members of all minority groups and women promoted to each grade of the 

Foreign Service. 

(2) For the last preceding year for Civil Service employment at the Department for which such information is available— 

(A) numbers and percentages of members of all minority groups and women entering the Civil Service; 

(B) the number and percentages of members of all minority groups and women who are Civil Service employees 

at each grade of the Civil Service; and 

(C) the number of and percentages of members of all 

minority groups and women promoted at each grade of the 

Civil Service. 

(3) For the immediately preceding 12-month period for 

which such information is available— 

(A) the numbers and percentages of small, minorityowned businesses that provide goods and services to the Department as a result of contracts with the Department during such period; 

(B) the total number of such contracts; 

(C) the total dollar value of such contracts; and 

(D) and the percentage value represented by such contract proportionate to the total value of all contracts held 

by the Department. 

* * * * * * * 

TITLE V—UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES 

* * * * * * * 

SEC. 504. PERSONAL SERVICES CONTRACTING øPILOT¿ PROGRAM. 

(a) IN GENERAL.—The Director of the International Broadcasting Bureau (in this section referred to as the ‘‘Director’’) may 

establish a øpilot¿ program ø(in this section referred to as the ‘‘program’’)¿ for the purpose of hiring United States citizens or aliens 

as personal services contractors, without regard to Civil Service 

and classification laws, for service in the United States as broadcasters, øproducers, and writers¿ and other broadcasting specialists 

in the International Broadcasting Bureau to respond to new or 

emerging broadcast needs or to augment broadcast services. 

(b) CONDITIONS.—The Director is authorized to use the authority of subsection (a) subject to the following conditions: 

(1) * * * 

* * * * * * * 

211 

(4) Not more than a total of ø60¿ 100 United States citizens or aliens are employed at any one time as personal services contractors under the program. 

ø(c) TERMINATION OF AUTHORITY.—The authority to award personal services contracts under the pilot program authorized by this 

section shall terminate on December 31, 2005. A contract entered 

into prior to the termination date under this subsection may remain in effect for a period not to exceed 6 months after such termination date.¿ 

* * * * * * * 

TITLE VI—MISCELLANEOUS 

PROVISIONS 

* * * * * * * 

Subtitle E—Freedom Investment Act of 

2002 

SEC. 661. SHORT TITLE. 

This subtitle may be cited as the ‘‘Freedom Investment Act of 

2002’’. 

* * * * * * * 

SEC. 663. HUMAN RIGHTS ACTIVITIES AT THE DEPARTMENT OF 

STATE. 

(a) INCREASING RESOURCES AND IMPORTANCE OF HUMAN

RIGHTS.—It is the sense of Congress that— 

(1) the budget for the Bureau of Democracy, Human 

Rights, and Labor for fiscal years 2003 and 2004 should be 

substantially increased so that beginning in fiscal year 2005, 

and each fiscal year thereafter, not less than 1 percent of the 

amounts made available to the Department under the heading 

‘‘Diplomatic and Consular Programs’’, other than amounts 

made available for worldwide security upgrades and information resource management, should be made available for salaries and expenses of the Bureau of Democracy, Human Rights, 

and Labor; øand¿ 

(2) a United States mission abroad in a country that has 

been categorized as nondemocratic in the most recent Annual 

Report on Democracy (as required under section 612(a) of the 

Advance Democratic Values, Address Nondemocratic Countries, 

and Enhance Democracy Act of 2005) should have at least one 

political officer who shall have primary responsibility for monitoring and promoting democracy and human rights in such 

country; 

(3) the level of seniority of any such political officer should 

be in direct relationship to the severity of the problems associated with the establishment of full democracy and respect for 

human rights in such country; and 

ø(2)¿ (4) any assignment of an individual to a political officer position at a United States mission abroad that has the primary responsibility for ømonitoring human rights developVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00211 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
212 

ments in a foreign country should be made upon the recommendation¿ monitoring and promoting democracy and 

human rights, including a political officer described in paragraphs (2) and (3), in a foreign country should be made after 

consultation with and upon the recommendation of the Assistant Secretary of State for Democracy, Human Rights, and 

Labor in conjunction with the head of the Department’s regional bureau having primary responsibility for that country. 

* * * * * * * 

SEC. 664. HUMAN RIGHTS AND DEMOCRACY FUND. 

(a) * * * 

(b) PURPOSES OF FUND.—The purposes of the Fund shall be— 

(1) * * * 

* * * * * * * 

(4) to promote and encourage the growth of democracy, including the support for nongovernmental organizations in foreign countries; øand¿ 

(5) to support the study of democracy abroad, including 

support for debates and discussions at academic institutions, 

regarding the values and benefits of democracy; and 

ø(5)¿ (6) to carry out such other related activities as are 

consistent with paragraphs (1) through ø(4)¿ (5). 

* * * * * * * 

SEC. 665. REPORTS ON ACTIONS TAKEN BY THE UNITED STATES TO 

ENCOURAGE RESPECT FOR HUMAN RIGHTS. 

(a) * * * 

* * * * * * * 

(c) SEPARATE REPORT.—The information to be included in the 

report required by sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 pursuant to the amendments made by subsections (a) and (b) may be submitted by the Secretary as a separate report. øIf the Secretary elects to submit such information as 

a separate report, such report shall be submitted not later than 30 

days after the date of submission of the report required by section 

116(d) and 502B(b) of the Foreign Assistance Act of 1961.¿ As part 

of such separate report, the Secretary shall include information on 

efforts by the Department of State to develop and implement the 

strategy to support efforts to establish an Inter-Arab Democratic 

Charter pursuant to section 708(a) of the Foreign Relations Authorization Act, Fiscal Years 2006 and 2007. If the Secretary elects to 

submit such information as a separate report, such report may be 

submitted as part of the Annual Report on Democracy required 

under section 612(a) of the Advance Democratic Values, Address 

Nondemocratic Countries, and Enhance Democracy Act of 2005. If 

the Secretary makes such an election, such report shall be organized 

so as to contain a separate section for each country to which such 

information applies, together with a short narrative describing the 

extrajudicial killing, torture, or other serious violations of human 

rights that are indicated to have occurred in each such country. 

* * * * * * * 

213 

Subtitle G—Other Matters 

* * * * * * * 

SEC. 690. SENSE OF CONGRESS RELATING TO MAGEN DAVID ADOM SOCIETY. 

(a) FINDINGS.—Congress finds the following: 

(1) * * * 

* * * * * * * 

(5) Since the founding of the Magen David Adom Society 

in 1930, the American Red Cross has regarded it as a sister national society forging close working ties between the two societies and has consistently advocated recognition and membership of the Magen David Adom Society in the International Red 

Cross and Red Crescent Movement. 

(6) The American Red Cross and the Magen David Adom 

Society signed an important memorandum of understanding in 

November 2002, outlining areas for strategic collaboration, and 

the American Red Cross will encourage other societies to establish similar agreements with the Magen David Adom Society. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) * * * 

* * * * * * * 

(3) the Red Shield of David should be accorded the same 

protections under international law as the Red Cross and the 

Red Crescent; øand¿ 

(4) the High Contracting Parties to the Geneva Conventions 

of August 12, 1949, should adopt the October 12, 2000, draft 

additional protocol which would accord international recognition to an additional distinctive emblem; and 

ø(4)¿ (5) the United States should continue to press for full 

membership for the Magen David Adom Society in the International Red Cross Movement. 

(c) REPORT.—Not later than 60 days after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years 2006 

and 2007, and one year thereafter, the Secretary of State shall submit a report, on a classified basis if necessary, to the appropriate 

congressional committees describing— 

(1) efforts by the United States to obtain full membership 

for the Magen David Adom Society in the International Red 

Cross and Red Crescent Movement; 

(2) efforts by the International Committee of the Red Cross 

to obtain full membership for the Magen David Adom Society 

in the International Red Cross and Red Crescent Movement; 

(3) efforts of the High Contracting Parties to the Geneva 

Conventions of August 12, 1949, to adopt the October 12, 2000, 

draft additional protocol to the Geneva Conventions; 

(4) the extent to which the Magen David Adom Society is 

participating in the activities of the International Red Cross 

and Red Crescent Movement; and 

(5) efforts by any state, member, or official of the International Red Cross and Red Crescent Movement to prevent, obstruct, or place conditions upon— 

214 

(A) adoption by the High Contracting Parties to the Geneva Conventions of August 12, 1949, of the October 12, 

2000, draft additional protocol to the Geneva Conventions; 

and 

(B) full participation of the Magen David Adom Society 

in the activities of the International Red Cross and Red 

Crescent Movement. 

* * * * * * * 

FOREIGN ASSISTANCE ACT OF 1961 

* * * * * * * 

PART I 

CHAPTER 1—POLICY; DEVELOPMENT ASSISTANCE AUTHORIZATIONS

* * * * * * * 

SEC. 104. POPULATION AND HEALTH.—(a) * * * 

* * * * * * * 

(c) ASSISTANCE FOR HEALTH AND DISEASE PREVENTION.— 

(1) * * * 

* * * * * * * 

(4)(A) In carrying out the purposes of this subsection, the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for the establishment and operation of not less than twelve centers for the treatment and prevention of obstetric fistula at appropriate sites in developing countries. 

(B) In selecting sites for the establishment of centers pursuant 

to subparagraph (A), the President should seek the consultation and 

advice of United States embassy officials, appropriate nongovernmental organizations, and local government officials in developing 

countries with high rates of obstetric fistula, with particular emphasis on countries in Africa. 

(C) Each center established pursuant to subparagraph (A) shall, 

to the maximum extent practicable, carry out the following activities: 

(i) The provision of surgery to repair obstetric fistula in 

women who do not otherwise have the resources to pay for such 

surgery and the provision of necessary post-surgery care and 

support for such women. 

(ii) Assistance related to surgery and post-surgery care and 

support described in clause (i), including the provision of transportation to and from the center for women in need of such 

transportation and the provision of necessary temporary shelter 

and food assistance to women in need of such shelter and food 

assistance. 

(iii) Activities to reduce the incidence of obstetric fistula, including the conduct of appropriate seminars and the dissemination of appropriate educational materials, such as brochures, 

pamphlets, and posters. 

(iv) Activities to expand access to contraception services for 

the prevention of pregnancies among women whose age or 

215 

health status place them at high risk of prolonged or obstructed 

childbirth. 

(D) Each center established pursuant to subparagraph (A) 

shall, to the maximum extent practicable, ensure that women who 

suffer from obstetric fistula as a result of sexual abuse during conflicts or as a result of official abuse receive preference in receiving 

services described in clauses (i) and (ii) of subparagraph (C). 

(E) Not later than January 31, 2008, the President shall prepare and transmit to Congress a report on the implementation of 

this paragraph for fiscal years 2006 and 2007. 

(F) In this paragraph, the term ‘‘obstetric fistula’’ means a rupture or hole in tissues surrounding a woman’s vagina, bladder, or 

rectum that occurs when the woman is in obstructed childbirth for 

a prolonged period of time without adequate medical attention. 

ø(4)¿ (5) RELATIONSHIP TO OTHER LAWS.—Assistance made 

available under this subsection and sections 104A, 104B, and 104C, 

and assistance made available under chapter 4 of part II to carry 

out the purposes of this subsection and the provisions cited in this 

paragraph, may be made available notwithstanding any other provision of law that restricts assistance to foreign countries, except 

for the provisions of this subsection, the provisions of law cited in 

this paragraph, subsection (f), section 634A of this Act, and provisions of law that limit assistance to organizations that support or 

participate in a program of coercive abortion or involuntary sterilization included under the Child Survival and Health Programs 

Fund heading in the Consolidated Appropriations Resolution, 2003 

(Public Law 108–7). 

* * * * * * * 

SEC. 116. HUMAN RIGHTS.—(a) * * * 

* * * * * * * 

(d) The Secretary of State shall transmit to the Speaker of the 

House of Representatives and the Committee on Foreign Relations 

of the Senate, by February 25 of each year, a full and complete report regarding— 

(1) * * * 

* * * * * * * 

ø(10) for each country with respect to which the report indicates that extrajudicial killings, torture, or other serious violations of human rights have occurred in the country, the extent to which the United States has taken or will take action 

to encourage an end to such practices in the country; and¿ 

(10) for each country with respect to which the report indicates that extrajudicial killings, torture, or other serious violations of human rights have occurred in the country, a strategy, 

including a specific list of priorities and an action plan, to end 

such practices in the country, and any actions taken in the previous year to end such practices in the country; 

(11)(A) * * * 

* * * * * * * 

(C) such other information related to the use by such government of individuals under the age of 18 as soldiers, as determined to be appropriate by the Secretaryø.¿; 

216 

(12) wherever applicable, a description of the nature and 

extent of— 

(A) propaganda in foreign government and foreign government-controlled media and other sources, including foreign government-produced educational materials and textbooks, that attempt to justify or promote racial hatred or 

incite acts of violence against any race or people; 

(B) complicity or involvement by the foreign government in the creation of such propaganda or incitement of 

acts of violence against any race or people; and 

(C) a description of the actions, if any, taken by the foreign government to eliminate such propaganda or incitement; and 

(13)(A) wherever applicable, a description of the nature and 

extent of laws and traditions in each country that enable or encourage the practice of child marriage; and 

(B) a description of the actions, if any, taken by the government of each such country to revise the laws of such country 

and institutionalize comprehensive procedures and practices to 

eliminate child marriage. 

* * * * * * * 

CHAPTER 2—OTHER PROGRAMS

* * * * * * * 

TITLE II—AMERICAN SCHOOLS AND HOSPITALS ABROAD; PROTOTYPE

DESALTING PLANT

* * * * * * * 

SEC. 240. SMALL BUSINESS DEVELOPMENT.—(a) * * * 

* * * * * * * 

(c) SUPPORT FOR SMALL AND MEDIUM ENTERPRISES IN SUB-SA- HARAN AFRICA.— (1) SUPPORT.—The Corporation is commended for its activities in support of the development of small and medium enterprises, and is encouraged to exercise its authorities to promote 

investments in financial institutions that are duly incorporated 

in sub-Saharan African countries, to the extent that the purpose 

of such investments is to expand investment and lending opportunities to small and medium enterprises that— 

(A) are substantially owned by nationals of sub-Saharan African countries; and 

(B) are engaged in domestic commerce or international 

trade in sectors such as housing, agriculture, fishing, textiles and apparel, tourism, electronics, technology, manufacturing, and services. 

(2) CONSIDERATION.—In making a determination to provide 

insurance and financing to financial institutions referred to in 

paragraph (1), the Corporation should take into consideration 

the extent to which a project establishes and implements a nondiscrimination in lending policy to prohibit discrimination 

based on ethnicity, sex, color, race, religion, physical disability, 

marital status, or age. 

217 

(3) TECHNICAL ASSISTANCE.—In supporting a project referred to in paragraph (1), the Corporation may provide technical assistance to— 

(A) improve the quality of management of financial institutions referred to in paragraph (1) to ensure the safety 

and stability of such institutions; 

(B) create in such financial institutions effective credit 

risk management systems to improve the quality of the assets of such institutions and the ability of such institutions 

to research and assess the overall credit risk of critical industries in the domestic economy; and 

(C) support effective credit risk management by developing internal credit rating systems and credit assessment 

tools that improve the ability of such financial institutions 

to evaluate individual credit worthiness and measure the 

overall amount of risk posed by the total number of borrowers. 

* * * * * * * 

CHAPTER 6—CENTRAL AMERICA DEMOCRACY, PEACE, AND

DEVELOPMENT INITIATIVE

* * * * * * * 

SEC. 489. REPORTING REQUIREMENTS. 

(a) INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.— 

Not later than March 1 of each year, the President shall transmit 

to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a report containing the 

following: 

(1) * * * 

* * * * * * * 

(8) In addition, the efforts of the United States to foster the 

culture of lawfulness in countries around the world. 

(9)(A) A separate section on all foreign law enforcement 

training and assistance that is provided to foreign law enforcement personnel and other related governmental authorities by 

the Department of State, the Department of Defense, the Department of Justice, and the United States Agency for International 

Development during the previous fiscal year and all such training proposed for the current fiscal year. 

(B) The section on foreign law enforcement training and assistance shall include the following: 

(i) For each law enforcement training activity— 

(I) the purpose of the activity and the foreign policy 

justification for the activity; 

(II) the number of foreign law enforcement personnel who are provided training, their units of operation, and countries of origin; 

(III) the type of training activity; 

(IV) the location of the training activity; 

(V) the department or agency of the United States 

Government which is conducting the training, by unit 

or office; and 

218 

(VI) the cost of the training activity and the specific budgetary account from which the cost is paid. 

(ii) For other law enforcement assistance— 

(I) the purpose of the assistance and the foreign 

policy justification for the assistance; 

(II) the type of assistance; 

(III) the department or agency of the United States 

Government which is providing the assistance, by unit 

or office, where applicable; and 

(IV) the cost of the assistance and the specific 

budgetary account from which the cost is paid. 

(iii) For each country— 

(I) the aggregate number of students trained; 

(II) the aggregate cost of the law enforcement training and other law enforcement assistance; and 

(III) a plan describing the law enforcement assistance and rule of law programs of the relevant departments and agencies of the United States Government. 

(C) FORM.—The report required by this paragraph shall be 

in unclassified form but may include a classified annex. 

* * * * * * * 

CHAPTER 9—INTERNATIONAL DISASTER ASSISTANCE

SEC. 491. POLICY AND GENERAL AUTHORITY.—(a) * * * 

(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, and to the prediction of, and contingency planning for, natural disasters abroad. Assistance relating to disaster 

preparedness under the preceding sentence shall include assistance 

to encourage the use of disaster mitigation techniques, including to 

assist communities to build in safer locations, construct sturdier 

dwellings, enforce sound building codes and practices, and protect 

natural ecosystems. 

* * * * * * * 

PART II 

CHAPTER 1—POLICY

* * * * * * * 

SEC. 502B. HUMAN RIGHTS.—(a) * * * 

(b) The Secretary of State shall transmit to the Congress, as 

part of the presentation materials for security assistance programs 

proposed for each fiscal year, a full and complete report, prepared 

with the assistance of the Assistant Secretary of State for Democracy, Human Rights, and Labor and with the assistance of the Ambassador at Large for International Religious Freedom, with respect to practices regarding the observance of and respect for internationally recognized human rights in each country proposed as a 

recipient of security assistance. Wherever applicable, such report 

219 

shall include consolidated information regarding the commission of 

war crimes, crimes against humanity, and evidence of acts that 

may constitute genocide (as defined in article 2 of the Convention 

on the Prevention and Punishment of the Crime of Genocide and 

modified by the United States instrument of ratification to that 

convention and section 2(a) of the Genocide Convention Implementation Act of 1987). Wherever applicable, such report shall include 

information on practices regarding coercion in population control, 

including coerced abortion and involuntary sterilization. Such report shall also include, wherever applicable, information on violations of religious freedom, including particularly severe violations 

of religious freedom (as defined in section 3 of the International Religious Freedom Act of 1998). Wherever applicable, a description of 

the nature and extent of acts of anti-Semitism and anti-Semitic incitement that occur, including the descriptions of such acts required under section 116(d)(8). øSuch report shall also include, for 

each country with respect to which the report indicates that 

extrajudicial killings, torture, or other serious violations of human 

rights have occurred in the country, the extent to which the United 

States has taken or will take action to encourage an end to such 

practices in the country.¿ Such report shall also include, for each 

country with respect to which the report indicates that extrajudicial 

killings, torture, or other serious violations of human rights have occurred in the country, a strategy, including a specific list of priorities and an action plan, to end such practices in the country, and 

any actions taken in the previous year to end such practices in the 

country. Each report under this section shall list the votes of each 

member of the United Nations Commission on Human Rights on 

all country-specific and thematic resolutions voted on at the Commission’s annual session during the period covered during the preceding year. Each report under this section shall describe the extent to which each country has extended protection to refugees, including the provision of first asylum and resettlement. Each report 

under this section shall also include (i) wherever applicable, a description of the nature and extent of the compulsory recruitment 

and conscription of individuals under the age of 18 by armed forces 

of the government of the country, government-supported 

paramilitaries, or other armed groups, the participation of such individuals in such groups, and the nature and extent that such individuals take a direct part in hostilities, (ii) what steps, if any, 

taken by the government of the country to eliminate such practices, 

and (iii) such other information related to the use by such government of individuals under the age of 18 as soldiers, as determined 

to be appropriate by the Secretary of State. Each report under this 

section shall also include, wherever applicable, a description of the 

nature and extent of propaganda in foreign government and foreign 

government-controlled media and other sources, including foreign 

government-produced educational materials and textbooks, that attempt to justify or promote racial hatred or incite acts of violence 

against any race or people, complicity or involvement by the foreign 

government in the creation of such propaganda or incitement of acts 

of violence against any race or people, and a description of the actions, if any, taken by the foreign government to eliminate such 

propaganda or incitement. Each report under this section shall also 

include, wherever applicable, a description of the nature and extent 

220 

of laws and traditions in each country that enable or encourage the 

practice of child marriage and a description of the actions, if any, 

taken by the government of each such country to revise the laws of 

such country and institutionalize comprehensive procedures and 

practices to eliminate child marriage. In determining whether a 

government falls within the provisions of subsection (a)(3) and in 

the preparation of any report or statement required under this section, consideration shall be given to— 

(1) * * * 

* * * * * * * 

SEC. 535. REQUIREMENTS RELATING TO ASSISTANCE FOR EGYPT. 

(a) REQUIREMENT FOR ASSISTANCE.—Assistance may be provided for Egypt under this chapter for a fiscal year only if Egypt 

provides to the United States for the fiscal year a proposal described 

in subsection (b) that is evaluated and approved in accordance with 

subsection (c). 

(b) PROPOSAL.— 

(1) IN GENERAL.—A proposal described in this subsection is 

a proposal that reflects Egyptian priorities to use assistance 

provided under this chapter to meet the requirements of paragraph (2). 

(2) REQUIREMENTS.—The requirements described in this 

paragraph are— 

(A) promoting economic growth (including economic 

freedom); 

(B) reducing poverty; 

(C) improving humanitarian conditions among the 

poorest individuals in Egypt; 

(D) improving education and health systems for the 

people of Egypt; 

(E) reducing corruption in the public and private sectors; and 

(F) strengthening democratic institutions and individual freedoms. 

(c) EVALUATION AND APPROVAL OF PROPOSAL.— 

(1) EVALUATION.—The President, acting through the Secretary of State, and in consultation with the Secretary of the 

Treasury, the United States Trade Representative, and the Administrator of the United States Agency for International Development, shall evaluate the proposal provided to the United 

States pursuant to subsection (a) to determine the extent to 

which the proposal meets the requirements of subparagraphs 

(A) through (F) of subsection (b)(2). 

(2) APPROVAL.—The President shall approve the proposal 

only if the President determines that— 

(A) the proposal sufficiently meets the requirements of 

subparagraphs (A) through (F) of subsection (b)(2) in a 

manner that achieves, in particular, lasting economic 

growth and poverty reduction and substantially strengthened democratic institutions and individual freedoms; and 

(B) the Government of Egypt— 

(i) has adopted and implemented reforms necessary to implement the proposal; 

221 

(ii) has implemented the proposal provided to the 

United States and approved for the prior fiscal year in 

accordance with the requirements of subparagraphs (A) 

through (F) of subsection (b)(2); and 

(iii) has demonstrated high standards of fiduciary 

controls and accountability with respect to assistance 

provided for Egypt under this chapter. 

(d) SUSPENSION AND TERMINATION OF ASSISTANCE.—The President, acting through the Secretary of State, may suspend or terminate assistance in whole or in part for Egypt under this chapter if 

the President determines that the Government of Egypt is not implementing the proposal in accordance with the requirements of subparagraphs (A) through (F) of subsection (b)(2). 

(e) CASH ASSISTANCE.— 

(1) REQUIREMENT.—Notwithstanding any other provision of 

this section, cash assistance may be provided to Egypt under 

this chapter for a fiscal year pursuant to the memorandum of 

understanding specified in paragraph (2) only if a proposal provided to the United States pursuant to subsection (a) for the fiscal year has been evaluated and approved in accordance with 

subsection (c). 

(2) MEMORANDUM OF UNDERSTANDING.—The memorandum 

of understanding specified in this paragraph is the memorandum of understanding agreed to by the Government of the 

United States and the Government of Egypt in March 2005, including any modification to the memorandum of understanding, except— 

(A) a modification to increase the amounts of assistance agreed to be provided under the memorandum of understanding; or 

(B) a modification to reduce significantly the scope of, 

or to extend significantly the time for, the performance by 

Egypt of obligations that it has undertaken under the 

memorandum of understanding. 

(f) CONGRESSIONAL NOTIFICATION.—Assistance may not be obligated for Egypt under this chapter until 30 days after the date on 

which the President has provided notice thereof to the Committee on 

International Relations and the Committee on Appropriations of the 

House of Representatives and to the Committee on Foreign Relations 

and the Committee on Appropriations of the Senate in accordance 

with the procedures applicable to reprogramming notifications 

under section 634A(a) of this Act. 

(g) REPORT.—The President, acting through the Secretary of 

State, shall prepare and transmit to the Committee on International 

Relations of the House of Representatives and the Committee on 

Foreign Relations of the Senate a report for each fiscal year that 

contains— 

(1) the proposal provided to the United States pursuant to 

subsection (a) for the fiscal year; and 

(2) the evaluation of the proposal carried out pursuant to 

subsection (c)(1). 

(h) RULE OF CONSTRUCTION.—The provisions of this section 

shall not be superseded except by a provision of law enacted after 

the date of the enactment of the Foreign Relations Authorization 

222 

Act, Fiscal Years 2006 and 2007, which specifically repeals, modifies, or supersedes the provisions of this section. 

* * * * * * * 

CHAPTER 5—INTERNATIONAL MILITARY EDUCATION AND TRAINING

SEC. 541. GENERAL AUTHORITY.—(a) The President is authorized to furnish, on such terms and conditions consistent with this 

Act as the President may determine (but whenever feasible on a reimbursable basis), military education and training to military and 

related civilian personnel of foreign countries. Such civilian personnel shall include foreign governmental personnel of ministries 

other than ministries of defense, and may also include legislators 

and individuals who are not members of the government, if the 

military education and training would (i) contribute to responsible 

defense resource management, (ii) foster greater respect for and 

understanding of the principle of civilian control of the military, 

(iii) contribute to cooperation between military and law enforcement personnel with respect to counternarcotics law enforcement 

efforts, or (iv) improve military justice systems and procedures in 

accordance with internationally recognized human rights. Such 

training and education may be provided through— 

(1) * * * 

* * * * * * * 

(b) The President shall seek reimbursement for military education and training furnished under this chapter from countries 

using assistance under section 23 of the Arms Export Control Act 

(22 U.S.C. 2763; relating to the the Foreign Military Financing Program) to purchase such military education and training at a rate 

comparable to the rate charged to countries receiving grant assistance for military education and training under this chapter. 

* * * * * * * 

PART III 

CHAPTER 1—GENERAL PROVISIONS

* * * * * * * 

SEC. 620A. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING INTERNATIONAL TERRORISM. 

(a) PROHIBITION.—The United States shall not provide any assistance under this Act, the Agricultural Trade Development and 

Assistance Act of 1954, the Peace Corps Act, or the Export-Import 

Bank Act of 1945 to any country if the Secretary of State determines that the government of that country has repeatedly provided 

support for acts of international terrorism. The prohibition contained in the preceding sentence shall not apply with respect to assistance under part I (including chapter 4 of part II) of this Act provided in support of programs of a pro-democracy or human rights 

organization located or operating in a country described in such 

sentence, if, at least 30 days before obligating funds for such assistance, the Secretary of State notifies (in classified or unclassified 

form) the congressional committees specified in section 634A(a) of 

this Act in accordance with the procedures applicable to reprogramVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00222 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
223 

ming notifications under that section that the pro-democracy or 

human rights organization opposes the use of terrorism, supports 

democracy and respect for human rights, including the equality of 

women and ethnic and religious minorities, and supports freedoms 

of the press, speech, association, and religion. 

* * * * * * * 

SEC. ø620G¿ 620J. DEPLETED URANIUM AMMUNITION. 

(a) * * * 

* * * * * * * 

SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. 

(a) LIMITATION.—Assistance may be provided under this Act or 

any other provision of law to the Palestinian Authority only during 

a period for which a certification described in subsection (b) is in 

effect. 

(b) CERTIFICATION.—A certification described in this subsection 

is a certification transmitted by the President to Congress that contains a determination of the President that— 

(1) providing direct assistance to the Palestinian Authority 

is important to the national security interests of the United 

States; and 

(2) the Palestinian Authority— 

(A) is committed to and has initiated the process of 

purging from its security services individuals with ties to 

terrorism; 

(B) has made demonstrable progress toward dismantling the terrorist infrastructure, confiscating unauthorized 

weapons, arresting and bringing terrorists to justice, destroying unauthorized arms factories, thwarting and preempting terrorist attacks, and is fully cooperating with 

Israel’s security services; 

(C) has made demonstrable progress toward halting all 

anti-Israel incitement in Palestinian Authority-controlled 

electronic and print media and in schools, mosques, and 

other institutions it controls, and is replacing these materials, including textbooks, with materials that promote tolerance, peace, and coexistence with Israel; 

(D) has taken effective steps to ensure democracy, the 

rule of law, and an independent judiciary, and has adopted 

other reforms such as ensuring transparent and accountable governance; 

(E) is committed to ensuring that all elections within 

areas it administers to be free, fair, and transparent; and 

(F) is undertaking verifiable efforts to ensure the financial transparency and accountability of all government 

ministries and operations. 

(c) RECERTIFICATIONS.—Not later than 90 days after the date 

on which the President transmits to Congress an initial certification 

under subsection (b), and every 6 months thereafter— 

(1) the President shall transmit to Congress a recertification that the requirements contained in subsection (b) are 

continuing to be met; or 

224 

(2) if the President is unable to make such a recertification, 

the President shall transmit to Congress a report that contains 

the reasons therefor. 

(d) CONGRESSIONAL NOTIFICATION.—Assistance made available 

under this Act or any other provision of law to the Palestinian Authority may not be provided until 15 days after the date on which 

the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the 

House of Representatives and to the Committee on Foreign Relations 

and the Committee on Appropriations of the Senate in accordance 

with the procedures applicable to reprogramming notifications 

under section 634A(a) of this Act. 

* * * * * * * 

CHAPTER 2—ADMINISTRATIVE PROVISIONS

* * * * * * * 

SEC. 655. ANNUAL MILITARY ASSISTANCE REPORT. 

(a) * * * 

(b) INFORMATION RELATING TO MILITARY ASSISTANCE AND MILI- TARY EXPORTS.—Each such report shall show the aggregate dollar 

value and quantity of defense articles (including excess defense articles), defense services, and international military education and 

training activities authorized by the United States and of such articles, services, and activities provided by the United States, excluding any activity that is reportable under title V of the National Security Act of 1947, to each foreign country and international organization. The report shall specify, by category, whether such defense articles— 

(1) * * * 

(2) were furnished with the financial assistance of the 

United States Government, including through loans and guarantees; øor¿ 

(3) were licensed for export under section 38 of the Arms 

Export Control Act and, if so, a specification of those defense 

articles that were exported during the fiscal year covered by 

the report, including, in the case of defense articles that are 

firearms controlled under category I of the United States Munitions List, a statement of the aggregate dollar value and 

quantity of semiautomatic assault weapons, or spare parts for 

such weapons, the manufacture, transfer, or possession of 

which is unlawful under section 922 of title 18, United States 

Code, that were licensed for export during the period covered 

by the reportø.¿; or 

(4) were exported without a license under section 38 of the 

Arms Export Control Act (22 U.S.C. 2778) pursuant to an exemption established under the International Traffic in Arms 

Regulations, other than defense articles exported in furtherance 

of a letter of offer and acceptance under the Foreign Military 

Sales program or a technical assistance or manufacturing license agreement, including the specific exemption provision in 

the regulation under which the export was made 

ø(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.¿ 

225 

(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 øJanuary 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 øand 

all such training proposed for the current fiscal year¿. 

* * * * * * * 

SEC. 660. PROHIBITING POLICE TRAINING.—(a) * * * 

(b) Subsection (a) of this section shall not apply— 

(1) * * * 

ø(2) to any contract entered into prior to the date of enactment of this section with any person, organization, or agency 

of the United States Government to provide personnel to conduct, or assist in conducting, any such program;¿ 

ø(3)¿ (2) with respect to assistance, including training, in 

maritime law enforcement and other maritime skills; 

ø(4)¿ (3) with respect to assistance provided to police 

forces in connection with their participation in the regional security system of the Eastern Caribbean states; øor¿ 

ø(5)¿ (4) with respect to assistance, including training, relating to sanctions monitoring and enforcement; 

ø(6)¿ (5) with respect to assistance to any national, regional, district, municipal, or other sub-national governmental 

entity of a foreign country 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 instabilityø, 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¿; 

ø(7)¿ (6) 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 proceduresø.¿; 

(7) 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; 

(8) with respect to the provision of professional public safety 

training to any national, regional, district, municipal, or other 

sub-national governmental entity of a foreign country, particuVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00225 Fmt 6659 Sfmt 6603 E:\HR\OC\HR168.XXX HR168
226 

larly training in international recognized standards of human 

rights, the rule of law, conflict prevention, and the promotion 

of civilian police roles that support democratic governance and 

foster improved police relations between law enforcement forces 

and the communities in which they serve; 

(9) with respect to assistance to combat trafficking in persons, particularly trafficking in persons by organized crime; or 

(10) with respect to assistance in direct support of developing capabilities for and deployment to impending or ongoing 

peace operations of the United Nations or comparable regional 

organizations. 

* * * * * * * 

ø(d) 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, 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 

non-violent 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.¿ 

* * * * * * * 

SECTION 207 OF THE INTERNATIONAL RELIGIOUS 

FREEDOM ACT OF 1998 

SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to 

the Commission ø$3,000,000 for the fiscal year 2003¿ $3,300,000 

for each of fiscal years 2006 through 2011 to carry out the provisions of this title. 

(b) AVAILABILITY OF FUNDS.—Amounts authorized to be appropriated under øsubparagraph¿ subsection (a) are authorized to remain available until expended but not later than the date of termination of the Commission. 

* * * * * * * 

SECTION 633 OF THE DEPARTMENTS OF COMMERCE, 

JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2004 

SEC. 633. (a) * * * 

* * * * * * * 

227 

(e) The øUnited States, through the Department of State, shall 

retain ownership of the Palazzo Corpi building in Istanbul, Turkey, 

and the¿ Secretary of State shall be responsible for maintaining 

the International Center for Middle Eastern-Western Dialogue øat 

such location¿ at an appropriate location. 

* * * * * * * 

UNITED STATES INTERNATIONAL BROADCASTING ACT 

OF 1994 

* * * * * * * 

TITLE III—UNITED STATES INTERNATIONAL 

BROADCASTING ACT 

SEC. 301. SHORT TITLE. 

This title may be cited as the ‘‘United States International 

Broadcasting Act of 1994’’. 

* * * * * * * 

SEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS. 

(a) * * * 

* * * * * * * 

(g) IMMUNITY FROM CIVIL LIABILITY.—Notwithstanding any other 

provision of law, any and all limitations on liability that apply to 

the members of the Broadcasting Board of Governors also shall 

apply to such members when acting in their capacities as members 

of the boards of directors of RFE/RL, Incorporated, the Middle East 

Broadcasting Networks, and Radio Free Asia. 

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 ø308 and 309¿ 308, 

309, and 309A. 

(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 ø308 and 309¿ 308, 309, and 309A and subject to reprogramming notification requirements in law for the 

reallocation of funds. 

* * * * * * * 

(19)(A) To provide for the payment of primary and secondary school expenses for dependents of personnel stationed in 

the Commonwealth of the Northern Mariana Islands (CNMI) at 

a cost not to exceed expenses authorized by the Department of 

Defense for such schooling for dependents of members of the 

Armed Forces stationed in the Commonwealth, if the Board determines that schools available in the Commonwealth are unVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00227 Fmt 6659 Sfmt 6603 E:\HR\OC\HR168.XXX HR168
228 

able to provide adequately for the education of the dependents 

of such personnel. 

(B) To provide transportation for dependents of such personnel between their places of residence and those schools for 

which expenses are provided under subparagraph (A), if the 

Board determines that such schools are not accessible by public 

means of transportation. 

* * * * * * * 

(c) BROADCASTING BUDGETS.— 

The Director of the Bureau and the grantees identified in 

sections ø308 and 309¿ 308, 309, and 309A 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 ø308 and 309¿ 

308, 309, and 309A. 

* * * * * * * 

(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, the Middle East Broadcasting Networks, RFE/RL, Incorporated, the Broadcasting Board of Governors, and, as appropriate, 

the Office of Cuba Broadcasting, the Voice of America, and 

Worldnet. 

* * * * * * * 

SEC. 309. RADIO FREE ASIA. 

(a) * * * 

* * * * * * * 

(c) GRANT AGREEMENT.—Any grant agreement or grants under 

this section shall be subject to the following limitations and restrictions: 

(1) * * * 

(2) Any grant agreement under this section shall require 

that any contract entered into by Radio Free Asia shall specify 

that all obligations are assumed by Radio Free Asia and not 

by the United States Governmentø, and shall further specify 

229 

that funds to carry out the activities of Radio Free Asia may 

not be available after September 30, 2009¿. 

* * * * * * * 

ø(f) SUNSET PROVISION.—The Board may not make any grant for 

the purpose of operating Radio Free Asia after September 30, 

2009.¿ 

* * * * * * * 

SEC. 309A. MIDDLE EAST BROADCASTING NETWORKS. 

(a) AUTHORITY.—Grants authorized under section 305 shall be 

available to make annual grants to the Middle East Broadcasting 

Networks for the purpose of carrying out radio and television broadcasting to the Middle East region. 

(b) FUNCTION.—Middle East Broadcasting Networks shall provide radio and television programming consistent with the broadcasting standards and broadcasting principles set forth in section 

303. 

(c) GRANT AGREEMENT.—Any grant agreement or grants under 

this section shall be subject to the following limitations and restrictions: 

(1) The Board may not make any grant to the non-profit 

corporation, Middle East Broadcasting Networks, unless its certificate of incorporation provides that— 

(A) The Board of Directors of Middle East Broadcasting Networks shall consist of the members of the Broadcasting Board of Governors established under section 304 

and of no other members. 

(B) Such Board of Directors shall make all major policy determinations governing the operation of Middle East 

Broadcasting Networks, and shall appoint and fix the compensation of such managerial officers and employees of 

Middle East Broadcasting Networks as it considers necessary to carry out the purposes of the grant provided 

under this title, except that no officer or employee may be 

paid basic compensation at a rate in excess of the rate for 

level II of the Executive Schedule as provided under section 

5313 of title 5, United States Code. 

(2) Any grant agreement under this section shall require 

that any contract entered into by Middle East Broadcasting 

Networks shall specify that all obligations are assumed by Middle East Broadcasting Networks and not by the United States 

Government. 

(3) Any grant agreement shall require that any lease agreement entered into by Middle East Broadcasting Networks shall 

be, to the maximum extent possible, assignable to the United 

States Government. 

(4) Grants awarded under this section shall be made pursuant to a grant agreement 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 Networks (including Radio Sawa), RFE/RL, and the International Broadcasting 

230 

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— 

(1) the Middle East Broadcasting Networks a Federal agency or instrumentality; or 

(2) the officers or employees of the Middle East Broadcasting Networks officers or employees of the United States Government. 

* * * * * * * 

SECTION 3 OF THE RADIO BROADCASTING TO CUBA 

ACT 

SEC. 3. (a) * * * 

ø(b) Radio broadcasting in accordance with subsection (a) shall 

be part of the Voice of America radio broadcasting to Cuba and 

shall be in accordance with all Voice of America standards to ensure the broadcast of programs which are objective, accurate, balanced, and which present a variety of views. 

ø(c) Radio broadcasting to Cuba authorized by this Act shall utilize the broadcasting facilities located at Marathon, Florida, and 

the 1180 AM frequency that were used by the Voice of America 

prior to the date of enactment of this Act. Other frequencies, not 

on the commercial Amplitude Modulation (AM) Band (535 kHz to 

1605 kHz), may also be simultaneously utilized: Provided, That no 

frequency shall be used for radio broadcasts to Cuba in accordance 

with this Act which is not also used for all other Voice of America 

broadcasts to Cuba. Time leased from nongovernmental shortwave 

radio stations may be used to carry all or part of the Service programs and to rebroadcast Service programs: Provided, That not 

less than 30 per centum of the programs broadcast or rebroadcast 

shall be regular Voice of America broadcasts with particular emphasis on news and programs meeting the requirements of section 

503(2) of Public Law 80–402. 

ø(d) Notwithstanding subsection (c), in the event that broadcasts 

to Cuba on the 1180 AM frequency are subject to jamming or interference greater by 25 per centum or more than the average daily 

jamming or interference in the twelve months preceding September 

1, 1983, the Broadcasting Board of Governors may lease time on 

commercial or noncommercial educational AM band radio broadcasting stations. The Federal Communications Commission shall 

determine levels of jamming and interference by conducting regular 

monitoring of the 1180 AM frequency. In the event that more than 

two hours a day of time is leased, not less than 30 per centum of 

the programing broadcast shall be regular Voice of America broadcasts with particular emphasis on news and programs meeting the 

requirements of section 503(2) of Public Law 80–402. 

ø(e) Any program of United States Government radio broadcasts 

to Cuba authorized by this section shall be designated ‘‘Voice of 

America: Cuba Service’’ or ‘‘Voice of America: Radio Marti program’’. 

231 

ø(f) In the event broadcasting facilities located at Marathon, 

Florida, are rendered inoperable by natural disaster or by unlawful 

destruction, the Broadcasting Board of Governors may, for the period in which the facilities are inoperable but not to exceed one 

hundred and fifty days, use other United States Governmentowned transmission facilities for Voice of America broadcasts to 

Cuba authorized by this Act.¿ 

(b) To effect radio broadcasting to Cuba, the Board is authorized to utilize the United States International Broadcasting facilities located in Marathon, Florida, and the 1180 AM frequency used 

at those facilities. In addition to the above facilities, the Board may 

simultaneously utilize other governmental and nongovernmental 

broadcasting transmission facilities and other frequencies, including the Amplitude Modulation (AM) band, the Frequency Modulation (FM) band, and the Shortwave (SW) band. The Board may 

lease time on commercial or noncommercial educational AM band, 

FM band, and SW band radio broadcasting stations to carry a portion of the service programs or to rebroadcast service programs. 

(c) Any service program of United States Government radio 

broadcasts to Cuba authorized by this section shall be designated 

‘‘Radio Marti program’’. 

ARMS EXPORT CONTROL ACT 

* * * * * * * 

Chapter 1.—FOREIGN AND NATIONAL SECURITY POLICY 

OBJECTIVES AND RESTRAINTS 

* * * * * * * 

SEC. 3. ELIGIBILITY.—(a) * * * 

* * * * * * * 

(c)(1)(A) No credits (including participations in credits) may be 

issued and no guaranties may be extended for any foreign country 

under this Act as hereinafter provided, if such country uses defense 

articles or defense services furnished under this Act, øor any predecessor Act,¿ any predecessor Act, or licensed or approved under section 38 of this Act, to carry out a transaction with a country, the 

government of which the Secretary of State has determined is a 

state sponsor of international terrorism for purposes of section 

6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 

2405(j)(1)), or otherwise uses such defense articles or defense services in substantial violation (either in terms of quantities or in 

terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such 

Act (i) by using such articles or services for a purpose not authorized under section 4 or, if such agreement provides that such articles or services may only be used for purposes more limited than 

those authorized under section 4 for a purpose not authorized 

under such agreement; (ii) by transferring such articles or services 

to, or permitting any use of such articles or services by, anyone not 

an officer, employee, or agent of the recipient country without the 

consent of the President; or (iii) by failing to maintain the security 

of such articles or services. 

232 

(B) No cash sales or deliveries pursuant to previous sales may 

be made with respect to any foreign country under this Act as hereinafter provided, if such country uses defense articles or defense 

services furnished under this Act, øor any predecessor Act,¿ any 

predecessor Act, or licensed or approved under section 38 of this Act, 

to carry out a transaction with a country, the government of which 

the Secretary of State has determined is a state sponsor of international terrorism for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or otherwise 

uses such defense articles or defense services in substantial violation 

(either in terms of quantity or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement 

entered into pursuant to any such Act by using such articles or 

services for a purpose not authorized under section 4 or, if such 

agreement provides that such articles or services may only be used 

for purposes more limited than those authorized under section 4, 

for a purpose not authorized under such agreement. 

(C) In this section, the term ‘‘transaction’’ means the taking of 

any action, directly or indirectly, by a foreign country that would 

be a transaction prohibited by section 40 of this Act with respect to 

the United States Government and United States persons. 

* * * * * * * 

(e) If the President receives any information that a transfer of 

any defense article, or related training or other defense service, has 

been made without his consent as required under this section or 

under section 505 of the Foreign Assistance Act of 1961, regardless 

of whether the article or service has been sold or otherwise furnished 

by the United States Government or licensed under section 38 of 

this Act, he shall report such information immediately to the 

Speaker of the House of Representatives and the Committee on 

Foreign Relations of the Senate. 

* * * * * * * 

Chapter 2.—FOREIGN MILITARY SALES 

AUTHORIZATIONS 

SEC. 21. SALES FROM STOCKS.—(a) * * * 

* * * * * * * 

(h)(1) 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 by, or under this Act on 

behalf of, a foreign government which is a member of the 

North Atlantic Treaty Organization or the Governments of Australia, New Zealand, Japan, or Israel, if such government provides such services in accordance with an agreement on a reciprocal basis, without charge, to the United States Government; or 

* * * * * * * 

233 

(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 øor to 

any member government of that Organization if that Organization 

or member government¿, to any member of that Organization, or to 

the Governments of Australia, New Zealand, Japan, or Israel if that 

Organization, member government, or the Governments of Australia, New Zealand, Japan, or Israel provides such data and services in accordance with an agreement on a reciprocal basis, without 

charge, to the United States Government. 

* * * * * * * 

Chapter 3.—MILITARY EXPORT CONTROLS 

* * * * * * * 

SEC. 36. REPORTS ON COMMERCIAL AND GOVERNMENTAL MILITARY EXPORTS; CONGRESSIONAL ACTION.—(a) 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 not 

more than sixty days after the end of each quarter an unclassified 

report (except that any material which was transmitted in classified form under subsection (b)(1) or (c)(1) of this section may be 

contained in a classified addendum to such report, and any letter 

of offer referred to in paragraph (1) of this subsection may be listed 

in such addendum unless such letter of offer has been the subject 

of an unclassified certification pursuant to subsection (b)(1) of this 

section, and any information provided under paragraph (11) of this 

subsection may also be provided in a classified addendum) containing— 

(1) * * * 

* * * * * * * 

(11) a report on all concluded government-to-government 

agreements regarding foreign coproduction of defense articles 

of United States origin and all other concluded agreements involving coproduction or licensed production outside of the 

United States of defense articles of United States origin (including coproduction memoranda of understanding or agreement) that have not been previously reported under this subsection, which shall include— 

(A) * * * 

* * * * * * * 

(D) if any such agreement does not provide for United 

States access to and verification of quantities of articles 

produced overseas and their disposition in the foreign 

country, a description of alternative measures and controls 

incorporated in the coproduction or licensing program to 

ensure compliance with restrictions in the agreement on 

production quantities and third-party transfers; øand¿ 

(12) a report on all exports of significant military equipment for which information has been provided pursuant to section 38(i)ø.¿; and 

(13) a report on the number of civilian and military officers 

assigned to munitions export licensing at the Department of 

234 

State and their average weekly workload for both open and 

closed cases. 

* * * * * * * 

(c)(1) Subject to paragraph (5), in the case of an application by 

a person (other than with regard to a sale under section 21 or section 22 of this Act) for a license for the export of any major defense 

equipment sold under a contract in the amount of $14,000,000 or 

more or of defense articles or defense services sold under a contract 

in the amount of $50,000,000 or more (or, in the case of a defense 

article that is a firearm controlled under category I of the United 

States Munitions List, $1,000,000 or more, or, notwithstanding section 27(g) of this Act, for any special comprehensive authorization 

under sections 120–130 of title 22, Code of Federal Regulations 

(commonly known as the ‘‘International Traffic in Arms Regulations’’) for the export of defense articles or defense services in an aggregate amount of $100,000,000 or more), before issuing such license the President shall transmit to the Speaker of the House of 

Representatives and to the chairman of the Committee on Foreign 

Relations of the Senate an unclassified numbered certification with 

respect to such application specifying (A) the foreign country or 

international organization to which such export will be made, (B) 

the dollar amount of the items to be exported, and (C) a description 

of the items to be exported. Each such numbered certification shall 

also contain an item indicating whether any offset agreement is 

proposed to be entered into in connection with such export and a 

description of any such offset agreement. In addition, the President 

shall, upon the request of such committee or the Committee on Foreign Affairs of the House of Representatives, transmit promptly to 

both such committees a statement setting forth, to the extent specified in such request a description of the capabilities of the items 

to be exported, an estimate of the total number of United States 

personnel expected to be needed in the foreign country concerned 

in connection with the items to be exported and an analysis of the 

arms control impact pertinent to such application, prepared in consultation with the Secretary of Defense. In a case in which such articles or services listed on the Missile Technology Control Regime 

Annex are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in section 74), such report shall include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. A certification transmitted pursuant to this subsection shall be 

unclassified, except that the information specified in clause (B) and 

the details of the description specified in clause (C) may be classified if the public disclosure thereof would be clearly detrimental to 

the security of the United States, in which case the information 

shall be accompanied by a description of the damage to the national security that could be expected to result from public disclosure of the information. 

(2) Unless the President states in his certification that an 

emergency exists which requires the proposed export in the national security interests of the United States, a license for export 

described in paragraph (1)— 

(A) in the case of a license for an export to the North Atlantic Treaty Organization, any member country of that OrgaVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00234 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
235 

nization 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; and 

ø(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¿ 

ø(C)¿ (B) in the case of any other license, shall not be 

issued until at least 30 calendar days after the Congress receives such certification, and shall not be issued then if the 

Congress, within that 30-day period, enacts a joint resolution 

prohibiting the proposed export. 

* * * * * * * 

(5) In the case of an application by a person (other than with 

regard to a sale under section 21 or 22 of this Act) for a license 

for the export to a member country of the North Atlantic Treaty 

Organization (NATO) or Australia, Japan, or New Zealand that 

does not authorize a new sales territory that includes any country 

other than such countries, the limitations on the issuance of the license set forth in paragraph (1) or paragraph (2) shall apply only 

if the license is for export of— 

(A) * * * 

* * * * * * * 

SEC. 38. CONTROL OF ARMS EXPORTS AND IMPORTS.—(a) * * * 

* * * * * * * 

(k) Whenever the United States maintains an arms embargo 

pursuant to United States law, or through public notice by the 

President or Secretary of State pursuant to the authorities of this 

Act, no defense article or defense service subject to sections 120–130 

of title 22, Code of Federal Regulations (commonly known as the 

‘‘International Traffic in Arms Regulations’’) and no dual use good 

or technology subject to sections 730–774 of title 15, Code of Federal 

Regulations (commonly known as the ‘‘Export Administration Regulations’’) shall be sold or transferred to the military, intelligence or 

other security forces of the embargoed government, including any 

associated governmental agency, subdivision, entity, or other person 

acting on their behalf, unless, at a minimum and without prejudice 

to any additional requirements established in United States law or 

regulation, the Secretary of State and the Secretary of Defense have 

concurred in the sale or transfer through issuance of a license. 

* * * * * * * 

CHAPTER 7—CONTROL OF MISSILES AND MISSILE 

EQUIPMENT OR TECHNOLOGY

* * * * * * * 

236 

SEC. 73. TRANSFERS OF MISSILE EQUIPMENT OR TECHNOLOGY BY 

FOREIGN PERSONS 

(a) SANCTIONS.—(1) * * * 

(2) The sanctions which apply to a foreign person under paragraph (1) are the following: 

(A) If the item involved in the export, transfer, or trade is 

within category II of the MTCR Annex, then the President 

shall deny, for a period of ø2 years¿ 4 years— 

(i) * * * 

* * * * * * * 

(B) If the item involved in the export, transfer, or trade is 

within category I of the MTCR Annex, then the President shall 

deny, for a period of not less than ø2 years¿ 4 years— 

(i) * * * 

* * * * * * * 

or production of missiles in a country that is not an MTCR adherent, then the President shall prohibit, for a period of not 

less than ø2 years¿ 4 years, the importation into the United 

States of products produced by that foreign person. 

(3)(A) Sanctions imposed upon a foreign person under paragraph (2) shall also be imposed on any governmental entity that the 

President determines exercises effective control over, benefits from, 

or directly or indirectly facilitates the activities of that foreign person. 

(B) When a sanction is imposed on a foreign person under paragraph (2), the President may also impose that sanction on any other 

person or entity that the President has reason to believe has or may 

acquire prohibited items with the intent to transfer to that foreign 

person, or provide to that foreign person access to, such items. In 

this subparagraph, ‘‘prohibited items’’ are items that may not be exported to that foreign person on account of the sanction imposed on 

that foreign person. 

(C) The President may also prohibit, for such period of time as 

the President may determine, any transaction or dealing, by a 

United States person or within the United States, with any foreign 

person on whom sanctions have been imposed under this subsection. 

(D) The President shall report on an annual basis to the Committee on International Relations of the House of Representatives 

and the Committee on Foreign Relations of the Senate the identity 

of any foreign person that engages in any transaction or activity 

with a foreign person on whom sanctions have been imposed under 

this subsection that either— 

(i) would be the basis for imposing sanctions under subparagraph (B) but for which sanctions have not been imposed; 

or 

(ii) would be the basis for imposing sanctions under subparagraph (C) if the transaction or activity had been carried 

out by a United States person or by a person in the United 

States. 

Such report shall be unclassified to the maximum extent feasible, 

but may include a classified annex. 

* * * * * * * 

(e) WAIVER AND REPORT TO CONGRESS.—(1) * * * 

237 

(2) In the event that the President decides to apply the waiver 

described in paragraph (1), the President shall so notify the Committee on Armed Services and the Committee on Foreign Relations 

of the Senate and the Committee on National Security and the 

Committee on International Relations of the House of Representatives not less than 45 working days before issuing the waiver. Such 

notification shall include a report fully articulating the rationale 

and circumstances which led the President to apply the waiver. 

Such report may be classified only to the extent necessary to protect 

intelligence sources and methods. If the report is so classified, the 

President shall make every effort to acquire sufficient alternative information that would allow a subsequent unclassified version of the 

report to be issued. 

* * * * * * * 

SEC. 74. DEFINITIONS 

(a) IN GENERAL.—For purposes of this chapter— 

(1) * * * 

* * * * * * * 

ø(8)(A) the term ‘‘person’’ means a natural person as well 

as a corporation, business association, partnership, society, 

trust, any other nongovernmental entity, organization, or 

group, and any governmental entity operating as a business 

enterprise, and any successor of any such entity; and¿ 

(8)(A) The term ‘‘person’’ means— 

(i) a natural person; 

(ii) a corporation, business association, partnership, society, trust, transnational corporation, or 

transnational joint venture, any other nongovernmental 

entity, organization, or group, and any governmental 

entity; 

(iii) any subsidiary, subunit, or parent entity of 

any business enterprise or other organization or entity 

listed in clause (ii); and 

(iv) any successor of any business enterprise or 

other organization or entity listed in clause (ii) or (iii); 

and 

* * * * * * * 

ACT OF OCTOBER 27, 2001 

(Public Law 107–57) 

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) øFISCAL YEARS 2005 AND 2006¿ FISCAL YEARS 2006 AND

2007.— (1) WAIVER.—The President is authorized to waive, with 

respect to Pakistan, any provision of the foreign operations, exVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00237 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
238 

port financing, and related programs appropriations Act for fiscal year ø2005 or 2006¿ 2006 or 2007 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) * * * 

* * * * * * * 

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) * * * 

(2) Such provision of the annual foreign operations, export 

financing, and related programs appropriations Acts for fiscal 

years 2002, 2003, 2004, 2005, øand 2006¿ 2006, and 2007 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, ø2006¿ 2007. 

AFGHANISTAN FREEDOM SUPPORT ACT OF 2002 

* * * * * * * 

TITLE I—ECONOMIC AND DEMOCRATIC DEVELOPMENT 

ASSISTANCE FOR AFGHANISTAN 

* * * * * * * 

SEC. 102. PURPOSES OF ASSISTANCE. 

The purposes of assistance authorized by this title are— 

(1) * * * 

* * * * * * * 

(5) to ensure that parliamentary and presidential elections 

in Afghanistan are carried out in a free, fair, and transparent 

manner; 

(6) to provide assistance to legitimate and recognized parliamentary candidates and future elected parliamentary officials in Afghanistan to better educate such candidates and officials on parliamentary procedures, anticorruption, transparency, and good governance; 

ø(5)¿ (7) to support the Government of Afghanistan in its 

development of the capacity to facilitate, organize, develop, and 

implement projects and activities that meet the needs of the 

Afghan people; 

ø(6)¿ (8) to foster the participation of civil society in the 

establishment of the new Afghan government in order to 

achieve a broad-based, multi-ethnic, gender-sensitive, fully repVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00238 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
239 

resentative government freely chosen by the Afghan people, 

without prejudice to any decisions which may be freely taken 

by the Afghan people about the precise form in which their 

government is to be organized in the future; 

ø(7)¿ (9) to support the reconstruction of Afghanistan 

through, among other things, programs that create jobs, facilitate clearance of landmines, and rebuild the agriculture sector, 

the health care system, and the educational system of Afghanistan; 

ø(8)¿ (10) to provide resources to the Ministry for Women’s 

Affairs of Afghanistan to carry out its responsibilities for legal 

advocacy, education, vocational training, and women’s health 

programs; and 

ø(9)¿ (11) to foster the growth of a pluralistic society that 

promotes and respects religious freedom. 

SEC. 103. AUTHORIZATION OF ASSISTANCE. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

the President is authorized to provide assistance for Afghanistan 

for the following activities: 

(1) * * * 

* * * * * * * 

(5) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES.— 

(A) * * * 

* * * * * * * 

(C) CIVIL SOCIETY AND DEMOCRACY.—øTo support¿ (i) 

To support the development of democratic institutions in 

Afghanistan, including assistance for— 

ø(i)¿ (I) international monitoring and observing of, 

and the promotion of, free and fair elections; 

ø(ii)¿ (II) strengthening democratic political parties; 

ø(iii) international exchanges and professional 

training for members or officials of government, political, and civic or other nongovernmental entities; 

ø(iv) national, regional, and local elections and political party development;¿ 

(III) programs to promote comprehensive public information campaigns, including nationwide voter and 

civic education, for the public, candidates, and political 

parties, and special efforts with respect to provinces in 

which small percentages of women voted in the October 

2004 presidential elections; 

(IV) programs to accelerate disarmament, demobilization, and reintegration processes to ensure that candidates and political groups are not influenced or supported by armed militias; 

(V) programs to support the registration of new 

voters and the preparation of voter rolls; 

(VI) programs to support the vetting process of 

candidates for the parliamentary elections to ensure 

that such candidates are eligible under the relevant Afghan election requirements; 

240 

(VII) programs to educate legitimate and recognized parliamentary candidates on campaign procedures and processes; 

(VIII) capacity-building programs and advanced 

professional training programs for senior Afghan Government officials and future elected parliamentary officials in matters related to parliamentary procedures, 

anti-corruption, accountability to constituencies, transparency, good governance, and other matters related to 

democratic development; 

(IX) exchange programs to bring to the United 

States future elected parliamentary officials and senior 

officials of legitimate and recognized political parties 

for educational activities regarding legislative procedures, debate, and general campaign and legislative 

instruction; 

(X) programs to support nongovernmental organizations and other civil society organizations that will 

assist in civil and voter education programs and overall democracy development programs; 

ø(v)¿ (XI) an independent media; 

ø(vi)¿ (XII) programs that support the expanded 

participation of women and members of all ethnic 

groups in government at national, regional, and local 

levels; øand¿ 

ø(vii)¿ (XIII) programs to strengthen civil society 

organizations that promote human rights, including 

religious freedom, freedom of expression, and freedom 

of association, and support human rights 

monitoringø.¿; and 

(XIV) other similar activities consistent with the 

purposes set forth in subsection (a). 

(ii) Of the amounts made available for each of the fiscal years 2006 and 2007 to carry out chapter 1 of part I 

of the Foreign Assistance Act of 1961 and chapter 4 of part 

II of such Act, $50,000,000 for each such fiscal year is authorized to be available to the President to carry out subclauses (III) through (X) of clause (i). 

* * * * * * * 

TIBETAN POLICY ACT OF 2002 

Subtitle B—Tibet Policy 

SEC. 611. SHORT TITLE. 

This subtitle may be cited as ‘‘Tibetan Policy Act of 2002’’. 

* * * * * * * 

SEC. 616. ECONOMIC DEVELOPMENT IN TIBET. 

(a) * * * 

* * * * * * * 

(d) UNITED STATES ASSISTANCE.— 

241 

(1) ASSISTANCE.—The President shall provide grants to 

nongovernmental organizations to support sustainable economic 

development, cultural and historical preservation, health care, 

education, and environmental sustainability projects for Tibetans inside Tibet that are designed in accordance with the principles contained in subsection (e). 

(2) ROLE OF SPECIAL COORDINATOR.—The United States 

Special Coordinator for Tibetan Issues (established under section 621(a)) shall review and approve all projects carried out 

pursuant to paragraph (1). 

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the President to carry out this subsection $6,000,000 for fiscal year 2006 and $8,000,000 for fiscal 

year 2007. 

ø(d)¿ (e) TIBET PROJECT PRINCIPLES.—Projects in Tibet supported by international financial institutions, other international 

organizations, nongovernmental organizations, and the United 

States entities referred to in subsection (c), should— 

(1) * * * 

* * * * * * * 

øSEC. 619. REQUIREMENT FOR TIBETAN LANGUAGE TRAINING. 

øThe Secretary shall ensure that Tibetan language training is 

available to Foreign Service officers, and that every effort is made 

to ensure that a Tibetan-speaking Foreign Service officer is assigned to a United States post in the People’s Republic of China responsible for monitoring developments in Tibet.¿ 

SEC. 619. REQUIREMENT FOR TIBETAN LANGUAGE TRAINING. 

The Secretary shall ensure at least one Foreign Service officer 

assigned to a United States post in the People’s Republic of China 

responsible for monitoring developments in Tibet has at least six 

months of Tibetan language training prior to taking up such assignment at such post, unless such officer possesses equivalent fluency. 

If the Secretary determines that training resources and timing permit, such officer shall receive one year of such training. 

* * * * * * * 

SEC. 621. UNITED STATES SPECIAL COORDINATOR FOR TIBETAN 

ISSUES. 

(a) * * * 

* * * * * * * 

(e) PERSONNEL.—The Secretary shall assign dedicated personnel to the Office of the Special Coordinator for Tibetan Issues 

sufficient to assist in the management of the responsibilities of this 

section and section 616(d)(2). 

* * * * * * * 

ANGLO-IRISH AGREEMENT SUPPORT ACT OF 1986 

* * * * * * * 

SEC. 2. FINDINGS AND PURPOSES. 

(a) * * * 

242 

(b) PURPOSES.—It is, therefore, the purpose of the Act to provide 

for United States contributions in support of the Anglo-Irish Agreement, such contributions to consist of economic support fund assistance for payment to the International Fund established pursuant 

to the Anglo-Irish Agreement, as well as other assistance to serve 

as an incentive for economic development and reconciliation in Ireland and Northern Ireland. The purpose of these United States 

contributions shall be to support the Anglo-Irish Agreement in promoting reconciliation in Northern Ireland and the establishment of 

a society in Northern Ireland in which all may live in peace, free 

from discrimination, terrorism, and intolerance, and with the opportunity for both communities to participate fully in the structures and processes of government. United States contributions 

should be used in a manner that effectively increases employment 

opportunities in communities with rates of unemployment higher 

than the local or urban average of unemployment in Northern Ireland. In addition, such contributions should be used to benefit individuals residing in such communities. Furthermore, the International Fund is encouraged to support programs that enhance relations between communities, and between the police and the communities they serve, promote human rights training for police, enhance peaceful mediation in neighborhoods of continued conflict, 

promote training programs to enhance the new district partnership 

police boards recommended by the Patten Commission, and assist 

in the transition of former British military installations and prisons 

into sites for peaceful, community-supported activities, such as 

housing, retail, and commercial development. 

SEC. 3. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL 

FUND. 

(a) * * * 

* * * * * * * 

(c) FISCAL YEARS 2006 AND 2007.—Of the amounts made available for fiscal years 2006 and 2007 to carry out chapter 4 of part 

II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund), there are authorized to be appropriated $20,000,000 for each such fiscal year for United States 

contributions to the International Fund. Amounts appropriated pursuant to the authorization of appropriations under the preceding 

sentence are authorized to remain available until expended. Of the 

amount authorized to be appropriated for fiscal years 2006 and 

2007 under this subsection, it is the sense of Congress that not less 

than 35 percent of such amount for each such fiscal year should be 

used to carry out the last sentence of section 2(b). 

* * * * * * * 

SEC. 6. ANNUAL REPORTS. 

At the end of each fiscal year in which the United States Government makes any contribution to the International Fund, the Presidential shall report to the Congress on the degree to which— 

(1) the International Fund has contributed to reconciliation between the communities in Northern Ireland, specifiVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00242 Fmt 6659 Sfmt 6601 E:\HR\OC\HR168.XXX HR168
243 

cally through improving local community relations and relations between the police and the people they serve; 

* * * * * * * 

FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL 

YEARS 1988 AND 1989 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

(a) * * * 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title and table of contents. 

TITLE I—THE DEPARTMENT OF STATE 

* * * * * * * 

PART B—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES; FOREIGN MISSIONS

Sec. 121. Reprogramming of funds appropriated for the Department of State. 

* * * * * * * 

øSec. 140. Annual country reports on terrorism.¿ 

Sec. 140. Annual patterns of global terrorism report.T1 

* * * * * * * 

TITLE I—THE DEPARTMENT OF STATE 

* * * * * * * 

PART B—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES; FOREIGN MISSIONS 

* * * * * * * 

øSEC. 140. ANNUAL COUNTRY REPORTS ON TERRORISM.¿ 

SEC. 140. ANNUAL PATTERNS OF GLOBAL TERRORISM REPORT. 

(a) REQUIREMENT OF ANNUAL øCOUNTRY REPORTS ON TERRORISM¿ PATTERNS OF GLOBAL TERRORISM REPORT.—The Secretary 

of State shall transmit to the Speaker of the House of Representatives, the Committee on International Relations of the House of Representatives, and the Committee on Foreign Relations of the Senate, by April 30 of each year, a full and complete report providing— 

(1)(A) detailed assessments with respect to each foreign 

country— 

(i) in which acts of international terrorism occurred 

øwhich were, in the opinion of the Secretary, of major significance;¿, including— 

(I) the number of such acts of terrorism or attempted acts of terrorism; 

(II) the number of individuals, including United 

States citizens, who were killed or injured in such acts 

of terrorism; 

(III) the methods, and relative frequency of methods, utilized in such acts of terrorism; and 

244 

(IV) assessments of individuals who were responsible for such acts of terrorism and the relationships of 

such individuals to terrorist groups; 

* * * * * * * 

(2) all relevant information about the activities during the 

preceding year of any terrorist group, and any umbrella group 

under which such terrorist group falls, known to be responsible 

for the kidnapping or death of an American citizen during the 

preceding five years, any terrorist group known to have obtained or developed, or to have attempted to obtain or develop, 

weapons of mass destruction, any terrorist group known to be 

financed by countries about which Congress was notified during the preceding year pursuant to section 6(j) of the Export 

Administration Act of 1979, any group designated by the Secretary as a foreign terrorist organization under section 219 of 

the Immigration and Nationality Act (8 U.S.C. 1189), and any 

other known international terrorist group or emerging terrorist 

group which the Secretary determines should be the subject of 

such report; and 

(3) with respect to each foreign country øfrom which the 

United States Government has sought cooperation during the 

previous five years in the investigation or prosecution of an act 

of international terrorism against United States citizens or interests¿ worldwide, information on— 

(A) the extent to which the government of the foreign 

country is cooperating with the United States Government 

in apprehending, convicting, and punishing øthe individual 

or¿ individuals responsible for øthe act; and¿ acts of terrorism; 

(B) the extent to which the government of the foreign 

country is cooperating in preventing further acts of terrorism øagainst United States citizens in the foreign country¿; and 

(C) the extent to which the government of the foreign 

country is not cooperating with respect to the matters described in subparagraphs (A) and (B) and other matters relating to counterterrorism efforts. 

ø(4) with respect to each foreign country from which the 

United States Government has sought cooperation during the 

previous five years in the prevention of an act of international 

terrorism against such citizens or interests, the information described in paragraph (3)(B).¿ 

(b) PROVISIONS TO BE INCLUDED IN REPORT.—The report required under subsection (a) øshould to the extent feasible¿ shall include (but not be limited to)— 

(1) with respect to subsection (a)(1)(A) and (a)(3)— (A) a separate list, in chronological order, of all acts of 

international terrorism described in subsection (a)(1)(A); 

ø(A)¿ (B) a review of major counterterrorism efforts 

undertaken by countries which are the subject of such report, including, as appropriate, steps taken in international fora; 

ø(B)¿ (C) the response of the judicial system of each 

country which is the subject of such report with respect to 

matters relating to terrorism øaffecting American citizens 

245 

or facilities¿, or which have, in the opinion of the Secretary, a significant impact on United States 

counterterrorism efforts, including responses to extradition 

requests; and 

ø(C)¿ (D) significant support, if any, for international 

terrorism by each country which is the subject of such report, including (but not limited to)— 

(i) political and financial support by the government of the country, government officials, nongovernmental organizations, quasi-governmental organizations, or nationals of the country; 

* * * * * * * 

(v) the positions (including voting records) on matters relating to terrorism in the General Assembly of 

the United Nations and other international bodies and 

fora of each country which is the subject of such report; and 

(vi) other types of indirect support for international 

terrorism, such as inciting acts of terrorism or countenance of acts of terrorism by the government of the 

country, government officials, nongovernmental organizations, quasi-governmental organizations, or nationals of the country; 

* * * * * * * 

(3) with respect to subsection (a)(2), any— 

(A) * * * 

* * * * * * * 

(E) provision by foreign governments of sanctuary 

from prosecution to these groups or their members responsible for the commission, attempt, or planning of an act of 

international terrorism; øand¿ 

(F) efforts by the United States to eliminate international financial support provided to those groups directly 

or provided in support of their activities; and 

(G) information on the stated intentions and patterns 

of activities of terrorist groups described in subsection 

(a)(2), capabilities and membership of such groups, recruitment and fundraising activities of such groups, and the relationships of such groups to criminal organizations, including organizations involved in illicit narcotics trafficking; 

* * * * * * * 

ø(3)¿ (6) to the extent practicable, complete statistical information on the number of individuals, including United 

States citizens and dual nationals, killed, injured, or kidnapped by each terrorist group during the preceding calendar 

year; øand¿ 

ø(4)¿ (7) an analysis, as appropriate, of trends in international terrorism, including changes in technology used, 

methods and targets of attack, demographic information on terrorists, and other appropriate informationø.¿; 

(8) an analysis of the efforts of multilateral organizations 

(excluding international financial institutions) to combat interVerDate Aug 04 2004 06:48 Jul 14, 2005 Jkt 039006 PO 00000 Frm 00245 Fmt 6659 Sfmt 6603 E:\HR\OC\HR168.XXX HR168
246 

national terrorism, including efforts of the United Nations and 

its affiliated organizations, regional multilateral organizations, 

and nongovernmental organizations; 

(9) a list of countries of concern with respect to the financing of terrorism; and 

(10) an analysis of policy goals of the United States for 

counterterrorism efforts in the subsequent calendar year. 

ø(c) CLASSIFICATION OF REPORT.— ø(1) Except as provided in paragraph (2), the report required under subsection (a) shall, to the extent practicable, be 

submitted in an unclassified form and may be accompanied by 

a classified appendix. 

ø(2) If the Secretary of State determines that the transmittal of the information with respect to a foreign country 

under paragraph (3) or (4) of subsection (a) in classified form 

would make more likely the cooperation of the government of 

the foreign country as specified in such paragraph, the Secretary may transmit the information under such paragraph in 

classified form.¿ 

(c) CLASSIFICATION OF REPORT.—The report required by subsection (a) shall be submitted in unclassified form and shall contain 

a classified annex as necessary. 

(d) INTER-AGENCY PROCESS FOR COMPILATION OF REPORT.— The Secretary of State shall, in preparing the report required by 

subsection (a), establish an inter-agency process to— 

(1) consult and coordinate with other appropriate officials 

of the Government of the United States who are responsible for 

collecting and analyzing counterterrorism intelligence; and 

(2) utilize, to the maximum extent practicable, such 

counterterrorism intelligence and analyses. 

(e) COMPARABILITY STANDARD WITH PRIOR REPORT.—The Secretary of State shall, in preparing the report required by subsection 

(a), use standards, criteria, and methodologies in a consistent manner so that statistical comparisons may be made among different reports. If significant changes are made to any such standards, criteria, or methodology, the Secretary shall, in consultation with other 

appropriate officials of the Government of the United States, make 

appropriate adjustments, using the best available methods, so that 

the data provided in each report is comparable to the data provided 

in prior reports. 

ø(d)¿ (f) DEFINITIONS.—As used in this section— 

ø(1) the term ‘‘international terrorism’’ means terrorism involving citizens or the territory of more than 1 country;¿ 

(1) the term ‘‘international terrorism’’ means— 

(A) terrorism involving citizens or the territory of more 

than one country; or 

(B) terrorism involving citizens and the territory of one 

country which is intended to intimidate or coerce not only 

the civilian population or government of such country but 

also other civilian populations or governments; 

* * * * * * * 

ø(e) REPORTING PERIOD.— ø(1) The report required under subsection (a) shall cover 

the events of the calendar year preceding the year in which the 

report is submitted. 

247 

ø(2) The report required by subsection (a) to be submitted 

by March 31, 1988, may be submitted no later than August 31, 

1988.¿ 

(g) REPORTING PERIOD.—The report required under subsection 

(a) shall cover the events of the calendar year preceding the calender 

year in which the report is transmitted. 

(h) APPEARANCE OF SECRETARY OF STATE BEFORE CONGRESS.— 

(1) IN GENERAL.—The Secretary of State shall appear before 

Congress at annual hearings, as specified in paragraph (2), regarding the provisions included in the report required under 

subsection (a). 

(2) SCHEDULE.—The Secretary of State shall appear before— 

(A) the Committee on International Relations of the 

House of Representatives on or about May 20 of even numbered calendar years; 

(B) the Committee on Foreign Relations of the Senate 

on or about May 20 of odd numbered calendar years; and 

(C) either Committee referred to in subparagraph (A) 

or (B), upon request, following the scheduled appearance of 

the Secretary before the other Committee under subparagraph (A) or (B). 

SECTION 403 OF THE ARMS CONTROL AND 

DISARMAMENT ACT 

ANNUAL REPORT TO CONGRESS

SEC. 403. (a) IN GENERAL.—Not later than April 15 of each year, 

the President shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report øprepared 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, as 

the President considers appropriate— (1) * * * 

* * * * * * * 

SECTION 305 OF THE NORTH KOREAN HUMAN RIGHTS 

ACT OF 2004 

SEC. 305. ANNUAL REPORTS. 

(a) IMMIGRATION INFORMATION.—Not later than 1 year after the 

date of the enactment of this Act, and every 12 months thereafter 

for each of the following 5 years, the Secretary of State and the 

Secretary of Homeland Security shall submit a joint report to the 

appropriate congressional committees and the Committees on the 

Judiciary of the House of Representatives and the Senate on the 

248 

operation of this title during the previous year, which shall include— 

(1) the number of aliens who are nationals or citizens of 

North Korea who applied for political asylum and the number 

who were granted political asylum; øand¿ 

(2) the number of aliens who are nationals or citizens of 

North Korea who applied for refugee status and the number 

who were granted refugee statusø.¿; and 

(3) a detailed description of the measures undertaken by 

the Secretary of State to carry out section 303, including country-specific information with respect to United States efforts to 

secure the cooperation and permission of the governments of 

countries in East and Southeast Asia to facilitate United States 

processing of North Koreans seeking protection as refugees. The 

information required by this paragraph may be provided in a 

classified format, if necessary. 

* * * * * * * 

SECTION 605 OF THE SECURE EMBASSY CONSTRUCTION 

AND COUNTERTERRORISM ACT OF 1999 

SEC. 605. OBLIGATIONS AND EXPENDITURES. 

(a) * * * 

* * * * * * * 

(c) øSEMIANNUAL¿ REPORTS ON ACQUISITION AND MAJOR SECURITY UPGRADES.—On øJune 1 and¿ December 1 of each year, the 

Secretary of State shall submit a report to the appropriate congressional committees on the embassy construction and security program authorized under this title. The report shall include— 

(1) obligations and expenditures— 

(A) during the previous øtwo fiscal quarters¿ year; and 

* * * * * * * 

SECTION 305 OF THE INTERNATIONAL ACADEMIC 

OPPORTUNITY ACT OF 2000 

SEC. 305. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated ø$1,500,000¿ $4,000,000 

for each fiscal year to carry out this title. 

(249) 

ADDITIONAL VIEWS 

H.R. 2601 represents a strong bipartisan bill that was endorsed 

unanimously by the entire Committee. Regretfully, we must express our disagreement with the absolute endorsement that is reflected in section 944 and its accompanying explanation in this report of the demobilization process in Colombia which purports to 

disarm, demobilize, and reintegrate both the leaders and rank-andfile members of United Self-Defense Forces of Colombia (AUC), or 

paramilitaries. While genuine peace processes deserve our full support, we must have a degree of certainty that we are not prematurely underwriting a process that will allow hardened narcoterrorists to legitimize their ill-gotten gains, continue to ship tons 

of cocaine and other illicit substances into our country, and to destabilize Colombia. 

The demobilization process currently underway in Colombia for 

the right-wing paramilitaries—which the United States Department of State has classified as a Foreign Terrorist Organization— 

may be adequate for the overwhelming majority of the rank-andfile former terrorists who have not committed gross violations of 

human rights. The process is not adequate, however, for the master-minds and commanders of these terrorist groups—many of 

whom are wanted in our country for flooding U.S. streets with 

cheap cocaine, crack, and heroin. According to the State Department, our government has requested the extradition of AUC leaders Carlos Castan ̃ o, Salvatore Mancuso, and Juan Carlos Sierra 

Ramirez. The United States also has announced the indictments of 

Diego Fernando Murillo, and Vicente Castan ̃ o, who are among 

other paramilitary leaders whose names the State Department 

could not disclose due to security and law enforcement concerns. 

Diego Murillo is reportedly now under house arrest in Colombia for 

allegedly ordering the recent murder of a Colombian legislator and 

two other people. 

Colombia’s current and pending legislation governing the demobilization of the paramilitaries is inadequate for providing minimal 

guarantees on at least three basic points. First, the legal framework could permit those terrorist leaders who are under standing 

indictments in our country for narcotics trafficking and other serious crimes to escape extradition to the United States if the crimes 

for which they have been indicted were committed during the time 

that these leaders were paramilitaries. Second, the law does not require that the masterminds provide complete information to law 

enforcement agencies that would allow the agencies to identify and 

seize illegally acquired assets or dismantle effectively the criminal 

networks of these terrorist groups. Lastly, the law does not build 

in adequate tracking and monitoring mechanisms to help ensure 

that those who have foresworn violence do not return to their terrorist activities while receiving U.S. assistance. 

250 

While we attempted to reach an agreement on this provision that 

would have addressed these concerns and those expressed in a bipartisan, bicameral letter that is included with this additional 

view, we were not able to reach consensus. We believe that section 

944 should be strengthened in a meaningful way before this Committee authorizes assistance to a process that could cost the U.S. 

taxpayer an estimated $80 million over three years and could establish a lenient precedent for future processes through which terrorists around the world could shield themselves from legal restrictions and sanctions as members of Foreign Terrorist Organizations 

and thus receive U.S. assistance. 

TOM LANTOS. 

ROBERT MENENDEZ. 

251 


HR2601a.eps
252 

Æ 


HR2601b.eps