II 

Calendar No. 172 

109TH CONGRESS 

1ST SESSION H. R. 2601 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2005 

Received; read twice and placed on the calendar 

AN ACT 

To authorize appropriations for the Department of State 

for fiscal years 2006 and 2007, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Relations Au5 thorization Act, Fiscal Years 2006 and 2007’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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. 
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Sec. 104. Migration and Refugee Assistance. 

Sec. 105. Centers and foundations. 

Sec. 106. United States International Broadcasting activities. 

Sec. 107. Enhancing protection of intellectual property rights. 

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. Authority to administratively amend surcharges. 

Sec. 205. Accountability review boards. 

Sec. 206. Designation of Colin L. Powell Residential Plaza. 

Sec. 207. Removal of contracting prohibition. 

Sec. 208. Translation of reports of the Department of State. 

Sec. 209. Entries within passports. 

Sec. 210. United States actions with respect to Jerusalem as the capital of 

Israel. 

Sec. 211. Availability of unclassified telecommunications facilities. 

Sec. 212. Reporting formats. 

Sec. 213. Extension of requirement for scholarships for Tibetans and Burmese. 

Sec. 214. American Institute in Taiwan facilities enhancement. 

Sec. 215. Activities related to Cuba. 

Sec. 216. Establishment of the Active Response Corps. 

Sec. 217. Passport security enhancement. 

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. 

Sec. 319. Worldwide availability. 

Sec. 320. Treatment of territories and possessions as part of the geographic 

United States for purposes of transfer allowances. 
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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. 

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. 
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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. 

Sec. 736. Purposes of arms sales. 

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. 
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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. 

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—EAST ASIA SECURITY ACT OF 2005 

Sec. 901. Short title. 

Sec. 902. Statements of policy. 

Sec. 903. Report on foreign military exports to China. 

Sec. 904. Report on China arms transfer policies of countries participating in 

United States defense cooperative projects; certain license requirements. 

Sec. 905. Certain foreign ownership and control of defense articles in the 

United States. 

Sec. 906. Chinese military end use of dual use exports. 

Sec. 907. Application of measures to certain foreign persons. 

Sec. 908. Procedures if discretionary measures are not applied. 

Sec. 909. Determinations exempting foreign persons from mandatory measures. 

Sec. 910. Definitions. 

TITLE X—FOREIGN ASSISTANCE PROVISIONS 

Subtitle A—Foreign Assistance Act of 1961 and Related Provisions 
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CHAPTER 1—PART I OF THE FOREIGN ASSISTANCE ACT OF 1961 

Sec. 1001. Assistance to establish centers for the treatment of obstetric fistula 

in developing countries. 

Sec. 1002. Support for small and medium enterprises in sub-Saharan Africa. 

Sec. 1003. Assistance to support democracy in Zimbabwe. 

Sec. 1004. Restrictions on United States voluntary contributions to the United 

Nations Development Program. 

Sec. 1005. Assistance for the Office of the Police Ombudsman for Northern 

Ireland. 

Sec. 1006. Report on foreign law enforcement training and assistance. 

Sec. 1007. Requirements relating to the largest exporting and importing countries of certain precursor chemicals. 

Sec. 1008. Assistance for disaster mitigation efforts. 

Sec. 1009. Assistance to promote democracy in Belarus. 

Sec. 1010. Assistance for maternal and prenatal care for certain individuals of 

Belarus and Ukraine involved in the cleanup of the Chornobyl 

disaster. 

Sec. 1011. Assistance to address non-infectious diseases in foreign countries. 

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

Sec. 1021. Economic support fund assistance for Egypt. 

Sec. 1022. Inter-Arab Democratic Charter. 

Sec. 1023. Middle East Partnership Initiative. 

Sec. 1024. West Bank and Gaza Program. 

Sec. 1025. Economic Support Fund assistance for Venezuela. 

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

Sec. 1031. Support for pro-democracy and human rights organizations in certain countries. 

Sec. 1032. Limitation on assistance to the Palestinian Authority. 

Sec. 1033. Assistance for law enforcement forces. 

Subtitle B—Other Provisions of Law 

Sec. 1041. Amendments to the Afghanistan Freedom Support Act of 2002. 

Sec. 1042. Amendments to the Tibetan Policy Act of 2002. 

Sec. 1043. Amendments to the Anglo-Irish Agreement Support Act of 1986. 

Sec. 1044. Assistance for demobilization and disarmament of former irregular 

combatants in Colombia. 

Sec. 1045. Support for famine relief in Ethiopia. 

Sec. 1046. Assistance to promote democracy and human rights in Vietnam. 

Sec. 1047. Transfer of marine patrol aircraft to the Government of Columbia. 

Sec. 1048. Training and assistance to identify unknown victims who were abducted and murdered in Ciudad Juarez, Mexico. 

Subtitle C—Miscellaneous Provisions 

Sec. 1051. Report on United States weapons transfers, sales, and licensing to 

Haiti. 

Sec. 1052. Sense of Congress regarding assistance for regional health education 

and training programs. 

Sec. 1053. Sense of Congress regarding assistance for regional health care delivery. 
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Sec. 1054. Sense of Congress regarding elimination of extreme poverty in developing countries. 

Sec. 1055. Sense of Congress regarding United States foreign assistance. 

Sec. 1056. Sense of Congress regarding assistance for Chaldoassyrians and 

other indigenous christians in Iraq. 

TITLE XI—REPORTING REQUIREMENTS 

Sec. 1101. Trans-Sahara Counter-Terrorism Initiative. 

Sec. 1102. Annual Patterns of Global Terrorism Report. 

Sec. 1103. Dual gateway policy of the Government of Ireland. 

Sec. 1104. Stabilization in Haiti. 

Sec. 1105. Verification reports to Congress. 

Sec. 1106. Protection of refugees from North Korea. 

Sec. 1107. Acquisition and major security upgrades. 

Sec. 1108. Services for children with autism at overseas missions. 

Sec. 1109. Incidence and prevalence of autism worldwide. 

Sec. 1110. Internet jamming. 

Sec. 1111. Department of State employment composition. 

Sec. 1112. Incitement to acts of discrimination. 

Sec. 1113. Child marriage. 

Sec. 1114. Magen David Adom Society. 

Sec. 1115. Developments in and policy toward Indonesia. 

Sec. 1116. Murders of United States citizens John Branchizio, Mark Parson, 

and John Marin Linde. 

Sec. 1117. Diplomatic relations with Israel. 

Sec. 1118. Tax enforcement in Colombia. 

Sec. 1119. Provision of consular and visa services in Pristina, Kosova. 

Sec. 1120. Democracy in Pakistan. 

Sec. 1121. Status of the sovereignty of Lebanon. 

Sec. 1122. Activities of international terrorist organizations in Latin America 

and the Caribbean. 

Sec. 1123. Analysis of employing weapons scientists from the former Soviet 

Union in Project Bioshield. 

Sec. 1124. Extradition of violent criminals from Mexico to the United States. 

Sec. 1125. Actions of the 661 Committee. 

Sec. 1126. Elimination of report on real estate transactions. 

Sec. 1127. Alien smuggling and trafficking in persons from Ecuador. 

Sec. 1128. Extraditions of Afghan drug traffickers and drug kingpins. 

Sec. 1129. Funding for nongovernmental organizations under the President’s 

emergency plan for AIDs relief. 

TITLE XII—HENRY J. HYDE UNITED NATIONS REFORM ACT OF 

2005 

Sec. 1201. Short title. 

Sec. 1202. Definitions. 

Sec. 1203. Statement of Congress. 

Subtitle A—Mission and Budget of the United Nations 

Sec. 1211. United States financial contributions to the United Nations. 

Sec. 1212. Weighted voting. 

Sec. 1213. Budget certification requirements. 

Sec. 1214. Accountability. 

Sec. 1215. Terrorism and the United Nations. 
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Sec. 1216. United Nations treaty bodies. 

Sec. 1217. Equality at the United Nations. 

Sec. 1218. Report on United Nations reform. 

Sec. 1219. Report on United Nations personnel. 

Sec. 1220. Report on United States contributions to the United Nations. 

Sec. 1221. United Nations Security Council and Lebanon. 

Sec. 1222. Policy with respect to expansion of the Security Council. 

Sec. 1223. Genocide and the United Nations. 

Sec. 1224. Anti-semitism and the United Nations. 

Subtitle B—Human Rights and the Economic and Social Council (ECOSOC) 

Sec. 1231. Human rights. 

Sec. 1232. Economic and Social Council (ECOSOC). 

Sec. 1233. United Nations Democracy Fund. 

Subtitle C—International Atomic Energy Agency 

Sec. 1241. International Atomic Energy Agency. 

Sec. 1242. Sense of Congress regarding the nuclear security action plan of the 

IAEA. 

Subtitle D—Peacekeeping 

Sec. 1251. Sense of Congress regarding reform of United Nations peacekeeping 

operations. 

Sec. 1252. Statement of policy relating to reform of United Nations peacekeeping operations. 

Sec. 1253. Certification. 

Sec. 1254. Rule of construction relating to protection of United States officials 

and members of the Armed Forces. 

Subtitle E—Department of State and Government Accountability Office 

Sec. 1261. Positions for United States citizens at international organizations. 

Sec. 1262. Budget justification for regular assessed budget of the United Nations. 

Sec. 1263. Review and report. 

Sec. 1264. Government Accountability Office. 

Subtitle F—Certifications and Withholding of Contributions 

Sec. 1271. Certifications and withholding of contributions. 

TITLE XIII—OPENING DOORS FOR FOREIGN STUDENTS 

Sec. 1301. Short title. 

Sec. 1302. Findings. 

Sec. 1303. Development of a comprehensive strategy to attract foreign students 

to study in the United States. 

Sec. 1304. Identification of priority missions and missions employing best practices for attracting student visa applicants. 

Sec. 1305. Enhanced training in processing and facilitating student visas. 

Sec. 1306. Enhanced diplomatic efforts to negotiate favorable reciprocal agreements with foreign governments concerning student visa term 

limits. 

TITLE XIV—MISCELLANEOUS PROVISIONS 
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Subtitle A—General Provisions 

Sec. 1401. Statement of policy relating to democracy in Iran. 

Sec. 1402. Iranian nuclear activities. 

Sec. 1403. Location of international institutions in Africa. 

Sec. 1404. Benjamin Gilman International Scholarship program. 

Sec. 1405. Prohibition on commemorations relating to leaders of Imperial 

Japan. 

Sec. 1406. United States policy regarding World Bank Group loans to Iran. 

Sec. 1407. Statement of policy regarding support for SECI Regional Center for 

Combating Trans-Border Crime. 

Sec. 1408. Statement of policy urging Turkey to respect the rights and religious freedoms of the Ecumenical Patriarch. 

Sec. 1409. Statement of policy regarding the murder of United States citizen 

John M. Alvis. 

Sec. 1410. Statement of Congress and policy with respect to the disenfranchisement of women. 

Sec. 1411. Acquisition of maritime refueling support vessel for United States 

drug interdiction efforts in the Eastern Pacific maritime transit zone. 

Sec. 1412. Statement of policy relating to international taxation. 

Sec. 1413. Declaration of Heads of State of the Shanghai Cooperation Organization. 

Sec. 1414. Prevention of smuggling of methamphetamine into the United 

States from Mexico. 

Sec. 1415. Statement of policy regarding the attacks on United States citizens 

by Palestinian terrorists. 

Sec. 1416. Statement of policy regarding transfer of Charles Taylor for trial for 

war crimes. 

Sec. 1417. United States commitment to Iraq. 

Subtitle B—Sense of Congress Provisions 

Sec. 1421. Korean Fulbright programs. 

Sec. 1422. United States relations with Taiwan. 

Sec. 1423. Nuclear proliferation and A. Q. Khan. 

Sec. 1424. Palestinian textbooks. 

Sec. 1425. International convention affirming the human rights and dignity of 

persons with disabilities. 

Sec. 1426. Fulbright Scholarships for East Asia and the Pacific. 

Sec. 1427. Baku-Tbilisi-Ceyhan energy pipeline. 

Sec. 1428. Legislation requiring the fair, comprehensive, and nondiscriminatory 

restitution of private property confiscated in Poland. 

Sec. 1429. Child labor practices in the cocoa sectors of Cote d’Ivoire and 

Ghana. 

Sec. 1430. Contributions of Iraqi Kurds. 

Sec. 1431. Proliferation Security Initiative. 

Sec. 1432. Security of nuclear weapons and materials. 

Sec. 1433. International Criminal Court and genocide in Darfur, Sudan. 

Sec. 1434. Action against al-Manar television. 

Sec. 1435. Stability and security in Iraq. 

Sec. 1436. Property expropriated by the Government of Ethiopia. 

Sec. 1437. United States-China Relations. 

Sec. 1438. Capture, detention, and interrogation of terrorists at Guantanamo 

Bay, Cuba. 
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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—Except as otherwise provided, the term ‘‘ap5 propriate congressional committees’’ means the 

6 Committee on International Relations of the House 

7 of Representatives and the Committee on Foreign 

8 Relations of the Senate. 

9 (2) DEPARTMENT.—The term ‘‘Department’’ 

10 means the Department of State. 

11 (3) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of State. 

13 TITLE I—AUTHORIZATIONS OF 

14 APPROPRIATIONS 

15 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS. 

16 The following amounts are authorized to be appro17 priated for the Department of State under ‘‘Administra18 tion of Foreign Affairs’’ to carry out the authorities, func19 tions, duties, and responsibilities in the conduct of foreign 

20 affairs of the United States and for other purposes author21 ized by law: 

22 (1) DIPLOMATIC AND CONSULAR PROGRAMS.— 

23 (A) AUTHORIZATION OF APPROPRIA24 TIONS.—For ‘‘Diplomatic and Consular Pro25 grams’’, $3,769,118,000 for fiscal year 2006 

26 and $3,896,611,500 for fiscal year 2007. 
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1 (B) WORLDWIDE SECURITY UPGRADES.— 

2 In addition to amounts authorized to be appro3 priated under subparagraph (A), $689,523,000 

4 for fiscal year 2006 and $710,208,690 for fiscal 

5 year 2007 are authorized to be appropriated for 

6 worldwide security upgrades. 

7 (C) PUBLIC DIPLOMACY.—Of the amounts 

8 authorized to be appropriated under subpara9 graph (A), $333,863,000 for fiscal year 2006 

10 and $343,699,000 for fiscal year 2007 are au11 thorized to be appropriated for public diplo12 macy. 

13 (D) BUREAU OF DEMOCRACY, HUMAN

14 RIGHTS, AND LABOR.—Of the amounts author15 ized to be appropriated under subparagraph 

16 (A), $20,000,000 for fiscal year 2006 and 

17 $20,000,000 for fiscal year 2007 are authorized 

18 to be appropriated for salaries and expenses of 

19 the Bureau of Democracy, Human Rights, and 

20 Labor. 

21 (E) ORGANIZATION FOR SECURITY AND

22 COOPERATION AND EUROPE.—Of the amounts 

23 authorized to be appropriated under subpara24 graph (A), the following amounts are author25 ized to be appropriated for the following activi-
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1 ties of the Organization for Security and Co2 operation in Europe (OSCE): 

3 (i) ANTI-SEMITISM.—For necessary 

4 expenses to fund secondments, hiring of 

5 staff, and support targeted projects of the 

6 Office of Democratic Institutions and 

7 Human Rights (ODIHR) regarding anti8 Semitism and intolerance and for the 

9 OSCE/ODIHR Law Enforcement Officers 

10 Hate Crimes Training Program, $225,000 

11 for fiscal year 2006 and $225,000 for fis12 cal year 2007. 

13 (ii) OSCE PROJECTS AND ACTIVITIES

14 REGARDING RELIGIOUS FREEDOM.—For 

15 necessary expenses to fund secondments, 

16 hiring of staff, and support targeted 

17 projects of ODIHR regarding religious 

18 freedom and for the OSCE/ODIHR Panel 

19 of Experts on Freedom of Religion or Be20 lief, $125,000 for fiscal year 2006 and 

21 $125,000 for fiscal year 2007. 

22 (iii) OSCE MISSIONS RELATED TO RE23 LIGIOUS FREEDOM.—For OSCE Missions 

24 in Armenia, Azerbaijan, Georgia, 

25 Kazakhstan, Kyrgyzstan, Tajikistan, 
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1 Turkmenistan, and Uzbekistan for activi2 ties to address issues relating to religious 

3 freedom and belief and to fund the hiring 

4 of new staff who are dedicated to religious 

5 freedom and belief, $80,000 for fiscal year 

6 2006 and $80,000 for fiscal year 2007. 

7 (F) CHARLES B. RANGEL INTERNATIONAL

8 AFFAIRS PROGRAM.—Of the amounts author9 ized to be appropriated under subparagraph 

10 (A), $1,500,000 for fiscal year 2006 and 

11 $1,500,000 for fiscal year 2007 are authorized 

12 to be appropriated for the Charles B. Rangel 

13 International Affairs Program at Howard Uni14 versity. 

15 (G) MINORITY RECRUITMENT.—Of the 

16 amounts authorized to be appropriated under 

17 subparagraph (A), $3,000,000 for fiscal year 

18 2006 and $3,000,000 for fiscal year 2007 are 

19 authorized to be appropriated for the recruit20 ment of members of minority groups for careers 

21 in the Foreign Service and international affairs. 

22 (H) DISSEMINATION OF NAMES OF FUGI23 TIVES RESIDING IN CUBA.—Of the amounts au24 thorized to be appropriated under subparagraph 

25 (A), an appropriate amount of such funds for 
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1 each of the fiscal years 2006 and 2007 are au2 thorized to be appropriated for the U.S. Inter3 ests Section, Havana, to disseminate the names 

4 of fugitives, such as Joanne Chesimard and 

5 William Morales, who are residing in Cuba, and 

6 any rewards for their capture. 

7 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap8 ital Investment Fund’’, $131,000,000 for fiscal year 

9 2006 and $131,000,000 for fiscal year 2007. 

10 (3) EMBASSY SECURITY, CONSTRUCTION AND

11 MAINTENANCE.—For ‘‘Embassy Security, Construc12 tion and Maintenance’’, $1,526,000,000 for fiscal 

13 year 2006 and $1,550,000,000 for fiscal year 2007. 

14 (4) EDUCATIONAL AND CULTURAL EXCHANGE

15 PROGRAMS.— 

16 (A) AUTHORIZATION OF APPROPRIA17 TIONS.—For ‘‘Educational and Cultural Ex18 change Programs’’, $428,900,000 for fiscal 

19 year 2006 and $438,500,000 for fiscal year 

20 2007. 

21 (B) SUMMER INSTITUTES FOR KOREAN

22 STUDENT LEADERS.—Of the amounts author23 ized to be appropriated under subparagraph 

24 (A), $750,000 for fiscal year 2006 and 

25 $750,000 for fiscal year 2007 are authorized to 
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1 be appropriated for summer academic study 

2 programs in the United States (focusing on 

3 United States political systems, government in4 stitutions, society, and democratic culture) for 

5 college and university students from the Repub6 lic of Korea, to be known as the ‘‘United States 

7 Summer Institutes for Korean Student Lead8 ers’’. 

9 (C) SUDANESE SCHOLARSHIPS.—Of the 

10 amounts authorized to be appropriated under 

11 subparagraph (A), $500,000 for fiscal year 

12 2006 and $500,000 for fiscal year 2007 are au13 thorized to be appropriated for scholarships for 

14 students from southern Sudan for secondary or 

15 postsecondary education in the United States, 

16 to be known as ‘‘Sudanese Scholarships’’. 

17 (D) SCHOLARSHIPS FOR INDIGENOUS PEO18 PLES OF MEXICO AND CENTRAL AND SOUTH

19 AMERICA.—Of the amounts authorized to be ap20 propriated under subparagraph (A), $250,000 

21 for fiscal year 2006 and $250,000 for fiscal 

22 year 2007 are authorized to be appropriated for 

23 scholarships for secondary and postsecondary 

24 education in the United States for students 

25 from Mexico and the countries of Central and 
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1 South America who are descended from the in2 digenous peoples of Mexico or such countries. 

3 (E) SOUTH PACIFIC EXCHANGES.—Of the 

4 amounts authorized to be appropriated under 

5 subparagraph (A), $650,000 for fiscal year 

6 2006 and $650,000 for fiscal year 2007 are au7 thorized to be appropriated for South Pacific 

8 Exchanges. 

9 (F) TIBETAN SCHOLARSHIP PROGRAM.— 

10 Of the amounts authorized to be appropriated 

11 under subparagraph (A), $750,000 for fiscal 

12 year 2006 and $800,000 for fiscal year 2007 

13 are authorized to be appropriated to carry out 

14 the Tibetan scholarship program established 

15 under section 103(b)(1) of the Human Rights, 

16 Refugee, and Other Foreign Relations Provi17 sions Act of 1996 (Public Law 104–319; 22 

18 U.S.C. 2151 note). 

19 (G) NGAWANG CHOEPEL EXCHANGE PRO20 GRAMS.—Of the amounts authorized to be ap21 propriated under subparagraph (A), $500,000 

22 for fiscal year 2006 and $500,000 for fiscal 

23 year 2007 are authorized to be appropriated for 

24 the ‘‘Ngawang Choepel Exchange Programs’’ 

25 (formerly known as ‘‘programs of educational 
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1 and cultural exchange between the United 

2 States and the people of Tibet’’) under section 

3 103(a) of the Human Rights, Refugee, and 

4 Other Foreign Relations Provisions Act of 1996 

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

6 (H) HIV/AIDS INITIATIVE.—Of the 

7 amounts authorized to be appropriated under 

8 subparagraph (A), $1,000,000 for fiscal year 

9 2006 and $1,000,000 for fiscal year 2007 are 

10 authorized to be appropriated for HIV/AIDS 

11 research and mitigation strategies. 

12 (I) PROJECT CHILDREN AND COOPERATION

13 WITH IRELAND.—Of the amounts authorized to 

14 be appropriated under subparagraph (A), 

15 $500,000 for fiscal year 2006 and $500,000 for 

16 fiscal year 2007 are authorized to be appro17 priated for people-to-people activities (with a 

18 focus on young people) to support the Northern 

19 Ireland peace process involving Catholic and 

20 Protestant participants from the Republic of 

21 Ireland, the United Kingdom, and the United 

22 States, to be known as ‘‘Project Children’’. 

23 (5) REPRESENTATION ALLOWANCES.—For 

24 ‘‘Representation Allowances’’, $8,281,000 for fiscal 

25 year 2006 and $8,281,000 for fiscal year 2007. 
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1 (6) PROTECTION OF FOREIGN MISSIONS AND

2 OFFICIALS.— 

3 (A) For ‘‘Protection of Foreign Missions 

4 and Officials’’, $15,000,000 for fiscal year 2006 

5 and $15,000,000 for fiscal year 2007. 

6 (B) In addition to amounts authorized to 

7 be appropriated under subparagraph (A), there 

8 are authorized to be appropriated $19,580,000 

9 for ‘‘Protection of Foreign Missions and Offi10 cials’’ only to reimburse the City of New York 

11 for necessary expenses incurred since 2002 for 

12 the protection of foreign missions and officials. 

13 (7) EMERGENCIES IN THE DIPLOMATIC AND

14 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip15 lomatic and Consular Service’’, $12,143,000 for fis16 cal year 2006 and $12,143,000 for fiscal year 2007. 

17 (8) REPATRIATION LOANS.—For ‘‘Repatriation 

18 Loans’’, $1,319,000 for fiscal year 2006 and 

19 $1,319,000 for fiscal year 2007. 

20 (9) PAYMENT TO THE AMERICAN INSTITUTE IN

21 TAIWAN.—For ‘‘Payment to the American Institute 

22 in Taiwan’’, $19,751,000 for fiscal year 2006 and 

23 $20,146,020 for fiscal year 2007. 

24 (10) OFFICE OF THE INSPECTOR GENERAL.— 

25 For ‘‘Office of the Inspector General’’, $29,983,000 
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1 for fiscal year 2006, and $29,983,000 for fiscal year 

2 2007. 

3 SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA4 TIONS. 

5 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

6 ORGANIZATIONS.—There are authorized to be appro7 priated for ‘‘Contributions to International Organiza8 tions’’, $1,296,500,000 for fiscal year 2006 and 

9 $1,322,430,000 for fiscal year 2007, for the Department 

10 of State to carry out the authorities, functions, duties, and 

11 responsibilities in the conduct of the foreign affairs of the 

12 United States with respect to international organizations 

13 and to carry out other authorities in law consistent with 

14 such purposes. 

15 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE16 KEEPING ACTIVITIES.—There are authorized to be appro17 priated for ‘‘Contributions for International Peacekeeping 

18 Activities’’, $1,035,500,000 for fiscal year 2006 and such 

19 sums as may be necessary for fiscal year 2007, for the 

20 Department of State to carry out the authorities, func21 tions, duties, and responsibilities of the United States with 

22 respect to international peacekeeping activities and to 

23 carry out other authorities in law consistent with such 

24 purposes. Amounts appropriated pursuant to this sub25 section are authorized to remain available until expended. 
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1 (c) FOREIGN CURRENCY EXCHANGE RATES.— 

2 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

3 addition to amounts authorized to be appropriated 

4 under subsection (a), there are authorized to be ap5 propriated such sums as may be necessary for each 

6 of fiscal years 2006 and 2007 to offset adverse fluc7 tuations in foreign currency exchange rates. 

8 (2) AVAILABILITY OF FUNDS.—Amounts appro9 priated under this subsection shall remain available 

10 for obligation and expenditure only to the extent 

11 that the Director of the Office of Management and 

12 Budget determines and certifies to Congress that 

13 such amounts are necessary due to such fluctua14 tions. 

15 (d) WITHHOLDING OF CONTRIBUTIONS FOR CERTAIN

16 UNITED NATIONS COMMISSIONS, ORGANIZATIONS, OR

17 ANY AFFILIATED AGENCIES.—Notwithstanding any other 

18 provision of law, funds available to the Department of 

19 State or any other Federal department or agency may not 

20 be used for United States contributions to any United Na21 tions commission, organization, or affiliated agency that 

22 is chaired or presided over by a country, the government 

23 of which the Secretary of State has determined, for pur24 poses of section 6(j)(1) of the Export Administration Act 

25 of 1979 (50 U.S.C. App. 2405(j)(1)) has repeatedly pro-
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1 vided support for acts of international terrorism, until 

2 such time as the President determines that such commis3 sion, organization, or agency is no longer chaired or pre4 sided over by such country and the commission, organiza5 tion, or agency has established appropriate electoral re6 forms, including minimum standards for leadership posi7 tions and the elimination of automatic rotation of such 

8 leadership positions. 

9 SEC. 103. INTERNATIONAL COMMISSIONS. 

10 The following amounts are authorized to be appro11 priated under ‘‘International Commissions’’ for the De12 partment of State to carry out the authorities, functions, 

13 duties, and responsibilities in the conduct of the foreign 

14 affairs of the United States and for other purposes author15 ized by law: 

16 (1) INTERNATIONAL BOUNDARY AND WATER

17 COMMISSION, UNITED STATES AND MEXICO.—For 

18 ‘‘International Boundary and Water Commission, 

19 United States and Mexico’’— 

20 (A) for ‘‘Salaries and Expenses’’, 

21 $28,200,000 for fiscal year 2006 and 

22 $28,200,000 for fiscal year 2007; and 

23 (B) for ‘‘Construction’’, $6,100,000 for fis24 cal year 2006 and $6,100,000 for fiscal year 

25 2007. 
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1 (2) INTERNATIONAL BOUNDARY COMMISSION, 

2 UNITED STATES AND CANADA.—For ‘‘International 

3 Boundary Commission, United States and Canada’’, 

4 $1,429,000 for fiscal year 2006 and $1,429,000 for 

5 fiscal year 2007. 

6 (3) INTERNATIONAL JOINT COMMISSION.—For 

7 ‘‘International Joint Commission’’, $6,320,000 for 

8 fiscal year 2006 and $6,320,000 for fiscal year 

9 2007. 

10 (4) INTERNATIONAL FISHERIES COMMIS11 SIONS.—For ‘‘International Fisheries Commissions’’, 

12 $25,123,000 for fiscal year 2006 and $25,123,000 

13 for fiscal year 2007. 

14 SEC. 104. MIGRATION AND REFUGEE ASSISTANCE. 

15 (a) IN GENERAL.—There are authorized to be appro16 priated for the Department of State for ‘‘Migration and 

17 Refugee Assistance’’ for authorized activities, 

18 $955,000,000 for fiscal year 2006 and $983,650,000 for 

19 fiscal year 2007. 

20 (b) REFUGEES RESETTLING IN ISRAEL.—Of the 

21 amounts authorized to be appropriated under subsection 

22 (a), there are authorized to be appropriated $40,000,000 

23 for fiscal year 2006 and $40,000,000 for fiscal year 2007 

24 for resettlement of refugees in Israel. 
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1 (c) PILOT PROGRAM FOR LONG-TERM REFUGEE

2 POPULATIONS.— 

3 (1) PILOT PROGRAM.—Of the amounts author4 ized to be appropriated under subsection (a), there 

5 are authorized to be appropriated $2,500,000 for 

6 fiscal year 2006 and $2,500,000 for fiscal year 2007 

7 for the establishment and implementation of a two8 year pilot program to improve conditions for long9 term refugee populations that are currently assisted 

10 in camps or other segregated settlements. 

11 (2) REQUIREMENTS.—In carrying out the pilot 

12 program under paragraph (1), the Secretary of 

13 State shall— 

14 (A) seek to protect and ensure basic rights 

15 granted to refugees under the 1951 Convention 

16 Relating to the Status of Refugees and the 

17 1967 Protocol Relating to the Status of Refu18 gees; 

19 (B) seek innovative modules or methods to 

20 assist long-term refugee populations both within 

21 and outside traditional camp settings, as appro22 priate, that support refugees living or working 

23 in local communities, such as integration of ref24 ugees into local schools and services, resource 

25 conservation and livelihood projects designed to 
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1 diminish conflict between refugee hosting com2 munities and refugees, and engagement of civil 

3 society components of refugee hosting commu4 nities in a policy dialogue with the United Na5 tions High Commissioner for Refugees 

6 (UNHCR) and international and nongovern7 mental refugee assistance organizations to en8 hance options to assist refugees and promote 

9 the rights to which refugees may be entitled 

10 under the 1951 Convention and 1967 Protocol; 

11 (C) provide a United States voluntary con12 tribution to UNHCR to conduct the pilot pro13 gram in cooperation with nongovernmental or14 ganizations with expertise in the protection of 

15 refugee rights, one or more major operational 

16 humanitarian assistance agencies, and in con17 sultation with host countries, the United States, 

18 and other donor countries; and 

19 (D) urge UNHCR to select not less than 

20 three host countries in which to conduct the 

21 pilot program. 

22 (3) REPORT.—Not later than one year after the 

23 date on which the first pilot program is established 

24 pursuant to paragraph (2), the Secretary shall sub25 mit to the appropriate congressional committees a 
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1 report on the implementation of this subsection, the 

2 development of innovative models to protect and as3 sist refugees, and recommendations for ensuring ref4 ugee rights are respected in countries of temporary 

5 asylum. 

6 (d) INTERNALLY DISPLACED PERSONS IN EASTERN

7 BURMA.—Of the amounts authorized to be appropriated 

8 under subsection (a), there are authorized to be appro9 priated $3,000,000 for fiscal year 2006 and $3,000,000 

10 for fiscal year 2007 for assistance to Thailand-based non11 governmental organizations operating along the border be12 tween Thailand and Burma to provide food, medical, and 

13 other humanitarian assistance to internally displaced per14 sons in eastern Burma. 

15 SEC. 105. CENTERS AND FOUNDATIONS. 

16 (a) ASIA FOUNDATION.—There are authorized to be 

17 appropriated for ‘‘The Asia Foundation’’ for authorized 

18 activities, $18,000,000 for fiscal year 2006 and 

19 $18,000,000 for fiscal year 2007. 

20 (b) NATIONAL ENDOWMENT FOR DEMOCRACY.— 

21 There are authorized to be appropriated for the ‘‘National 

22 Endowment for Democracy’’ for authorized activities, 

23 $80,000,000 for fiscal year 2006 and $80,000,000 for fis24 cal year 2007. 
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1 (c) CENTER FOR CULTURAL AND TECHNICAL INTER2 CHANGE BETWEEN EAST AND WEST.—There are author3 ized to be appropriated for the ‘‘Center for Cultural and 

4 Technical Interchange Between East and West’’ for au5 thorized activities, $13,024,000 for fiscal year 2006 and 

6 $13,024,000 for fiscal year 2007. 

7 SEC. 106. UNITED STATES INTERNATIONAL BROADCASTING 

8 ACTIVITIES. 

9 The following amounts are authorized to be appro10 priated to carry out United States Government inter11 national broadcasting activities under the United States 

12 Information and Educational Exchange Act of 1948, the 

13 Radio Broadcasting to Cuba Act, the Television Broad14 casting to Cuba Act, the United States International 

15 Broadcasting Act of 1994, and the Foreign Affairs Re16 form and Restructuring Act of 1998, and to carry out 

17 other authorities in law consistent with such purposes: 

18 (1) INTERNATIONAL BROADCASTING OPER19 ATIONS.—For ‘‘International Broadcasting Oper20 ations’’, $603,394,000 for fiscal year 2006 and 

21 $621,495,820 for fiscal year 2007. Of the amounts 

22 authorized to be appropriated under this paragraph, 

23 $5,000,000 is authorized to be appropriated for fis24 cal year 2006 and $5,000,000 is authorized to be 
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1 appropriated for fiscal year 2007 for increased 

2 broadcasting to Belarus. 

3 (2) BROADCASTING CAPITAL IMPROVEMENTS.— 

4 For ‘‘Broadcasting Capital Improvements’’, 

5 $10,893,000 for fiscal year 2006 and $10,893,000 

6 for fiscal year 2007. 

7 (3) BROADCASTING TO CUBA.—For ‘‘Broad8 casting to Cuba’’, $37,656,000 for fiscal year 2006 

9 and $29,931,000 for fiscal year 2007, to remain 

10 available until expended, for necessary expenses to 

11 enable the Broadcasting Board of Governors to 

12 carry out broadcasting to Cuba, including the pur13 chase, rent, construction, and improvement of facili14 ties for radio and television transmission and recep15 tion, and the purchase, lease, and installation of nec16 essary equipment, including aircraft, for radio and 

17 television transmission and reception. 

18 (4) RADIO FREE ASIA.—In addition to such 

19 amounts as are otherwise authorized to be appro20 priated for the Broadcasting Board of Governors, 

21 there are authorized to be appropriated $9,100,000 

22 for fiscal years 2006 and 2007 to overcome the jam23 ming of Radio Free Asia by Vietnam. 

24 (5) BROADCASTING TO VENEZUELA.—For 

25 broadcasting to Venezuela, such sums as may be 
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1 necessary for fiscal year 2006 and such sums as 

2 may be necessary for fiscal year 2007, to remain 

3 available until expended, to allow the Broadcasting 

4 Board of Governors to carry out broadcasting to 

5 Venezuela for at least 30 minutes per day of bal6 anced, objective, and comprehensive television news 

7 programming, radio news programming, or both. 

8 SEC. 107. ENHANCING PROTECTION OF INTELLECTUAL 

9 PROPERTY RIGHTS. 

10 In addition to such amounts as may otherwise be au11 thorized to be appropriated for such purpose, there are 

12 authorized to be appropriated for the Department of 

13 State, $5,000,000 to carry out the following activities to 

14 enhance intellectual property laws and enforcement in 

15 countries that are not members of the Organization for 

16 Economic Cooperation and Development (OECD): 

17 (1) Provision of equipment and training for for18 eign law enforcement, including in the interpretation 

19 of intellectual property laws. 

20 (2) Training for judges and prosecutors, includ21 ing in the interpretation of intellectual property 

22 laws. 

23 (3) Assistance in complying with obligations 

24 under appropriate international copyright and intel25 lectual property treaties and agreements. 
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1 TITLE II—DEPARTMENT OF 

2 STATE AUTHORITIES AND AC3 TIVITIES 

4 SEC. 201. CONSOLIDATION OF LAW ENFORCEMENT POW5 ERS; NEW CRIMINAL OFFENSE. 

6 (a) IN GENERAL.—Chapter 203 of title 18, United 

7 States Code, is amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 3064. Powers of special agents in the Department 

10 of State and the Foreign Service 

11 ‘‘Whoever knowingly and willfully obstructs, resists, 

12 or interferes with a Federal law enforcement agent en13 gaged in the performance of the protective functions au14 thorized by section 37 of the State Department Basic Au15 thorities Act of 1956 or by section 103 of the Omnibus 

16 Diplomatic Security and Antiterrorism Act of 1986 shall 

17 be fined under this title or imprisoned not more than one 

18 year, or both.’’. 

19 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

20 sections at the beginning of chapter 203 of title 18, United 

21 States Code, is amended by adding at the end the fol22 lowing new item: 

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

Service.’’. 
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1 SEC. 202. INTERNATIONAL LITIGATION FUND. 

2 Section 38(d)(3) of the State Department Basic Au3 thorities Act of 1956 (22 U.S.C. 2710(d)(3)) is amend4 ed— 

5 (1) by inserting ‘‘as a result of a decision of an 

6 international tribunal,’’ after ‘‘received by the De7 partment of State’’; and 

8 (2) by inserting a comma after ‘‘United States 

9 Government’’. 

10 SEC. 203. RETENTION OF MEDICAL REIMBURSEMENTS. 

11 Section 904 of the Foreign Service Act of 1980 (22 

12 U.S.C. 4084) is amended by adding at the end the fol13 lowing new subsection: 

14 ‘‘(g) Reimbursements paid to the Department of 

15 State for funding the costs of medical care abroad for em16 ployees and eligible family members shall be credited to 

17 the currently available applicable appropriation account. 

18 Notwithstanding any other provision of law, such reim19 bursements shall be available for obligation and expendi20 ture during the fiscal year in which they are received or 

21 for such longer period of time as may be provided in law.’’. 

22 SEC. 204. AUTHORITY TO ADMINISTRATIVELY AMEND SUR23 CHARGES. 

24 (a) IN GENERAL.—Beginning in fiscal year 2006 and 

25 thereafter, the Secretary of State is authorized to amend 

26 administratively the amounts of the surcharges related to 
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1 consular services in support of enhanced border security 

2 (provided for in the last paragraph under the heading 

3 ‘‘DIPLOMATIC AND CONSULAR PROGRAMS’’ under title IV 

4 of division B of the Consolidated Appropriations Act, 2005 

5 (Public Law 108–447)) that are in addition to the pass6 port and immigrant visa fees in effect on January 1, 2004. 

7 (b) REQUIREMENTS.—In carrying out subsection (a) 

8 and the provision of law described in such subsection, the 

9 Secretary shall meet the following requirements: 

10 (1) The amounts of the surcharges shall be rea11 sonably related to the costs of providing services in 

12 connection with the activity or item for which the 

13 surcharges are charged. 

14 (2) The aggregate amount of surcharges col15 lected may not exceed the aggregate amount obli16 gated and expended for the costs related to consular 

17 services in support of enhanced border security in18 curred in connection with the activity or item for 

19 which the surcharges are charged. 

20 (3) A surcharge may not be collected except to 

21 the extent the surcharge will be obligated and ex22 pended to pay the costs related to consular services 

23 in support of enhanced border security incurred in 

24 connection with the activity or item for which the 

25 surcharge is charged. 
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1 (4) A surcharge shall be available for obligation 

2 and expenditure only to pay the costs related to con3 sular services in support of enhanced border security 

4 incurred in providing services in connection with the 

5 activity or item for which the surcharge is charged. 

6 SEC. 205. ACCOUNTABILITY REVIEW BOARDS. 

7 Section 301(a) of the Diplomatic Security Act (22 

8 U.S.C. 4831(a)) is amended— 

9 (1) in paragraph (1), by striking ‘‘paragraph 

10 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

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

14 ‘‘(A) LIMITED EXEMPTIONS FROM RE15 QUIREMENT TO CONVENE BOARD.—The Sec16 retary of State is not required to convene a 

17 Board in the case of an incident that— 

18 ‘‘(i) involves serious injury, loss of 

19 life, or significant destruction of property 

20 at, or related to, a United States Govern21 ment mission in Afghanistan or Iraq; and 

22 ‘‘(ii) occurs during the period begin23 ning on July 1, 2004, and ending on Sep24 tember 30, 2009. 
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1 ‘‘(B) REPORTING REQUIREMENTS.—In the 

2 case of an incident described in subparagraph 

3 (A), the Secretary shall— 

4 ‘‘(i) promptly notify the Committee on 

5 International Relations of the House of 

6 Representatives and the Committee on 

7 Foreign Relations of the Senate of the in8 cident; 

9 ‘‘(ii) conduct an inquiry of the inci10 dent; and 

11 ‘‘(iii) upon completion of the inquiry 

12 required by clause (ii), submit to each such 

13 Committee a report on the findings and 

14 recommendations related to such inquiry 

15 and the actions taken with respect to such 

16 recommendations.’’. 

17 SEC. 206. DESIGNATION OF COLIN L. POWELL RESIDENTIAL 

18 PLAZA. 

19 (a) DESIGNATION.—The Federal building in King20 ston, Jamaica, formerly known as the Crowne Plaza and 

21 currently a staff housing facility for the Embassy of the 

22 United States in Jamaica, shall be known and designated 

23 as the ‘‘Colin L. Powell Residential Plaza’’. 

24 (b) REFERENCES.—Any reference in a law, map, reg25 ulation, document, paper, or other record of the United 
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1 States to the Federal building referred to in subsection 

2 (a) shall be deemed to be a reference to the ‘‘Colin L. 

3 Powell Residential Plaza’’. 

4 SEC. 207. REMOVAL OF CONTRACTING PROHIBITION. 

5 Section 406(c) of the Omnibus Diplomatic Security 

6 and Antiterrorism Act of 1986 (Public Law 99–399) (re7 lating to the ineligibility of persons doing business with 

8 Libya to be awarded a contract) is repealed. 

9 SEC. 208. TRANSLATION OF REPORTS OF THE DEPART10 MENT OF STATE. 

11 (a) TRANSLATION.—Not later than 30 days after the 

12 date of issuance of each of the reports listed in subsection 

13 (c), the appropriate United States mission in a foreign 

14 country shall translate into the official languages of such 

15 country the respective country report from each of such 

16 reports. 

17 (b) POSTING ON WEBSITE.—Not later than five days 

18 after each of the translations required under subsection 

19 (a) are completed, the appropriate United States mission 

20 shall post each of such translations on the website of the 

21 United States Embassy (or other appropriate United 

22 States mission) for such country. 

23 (c) REPORTS.—The reports referred to in subsection 

24 (a) are the following: 
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1 (1) The Country Reports on Human Rights 

2 Practices, including the Trafficking in Persons Re3 port, required under sections 116 and 502B of the 

4 Foreign Assistance Act of 1961 (22 U.S.C. 2151n 

5 and 2304). 

6 (2) The Annual Report on International Reli7 gious Freedom, required under section 102b of the 

8 International Religious Freedom Act of 1998 (22 

9 U.S.C. 6412). 

10 (3) The Annual Report on Democracy required 

11 under section 612 of this Act. 

12 (4) The annual Trafficking in Persons Report 

13 prepared by the Office to Monitor and Combat Traf14 ficking in Persons of the Department of State, re15 quired under section 110(b) of the Trafficking Vic16 tims Protection Act of 2000 (22 U.S.C. 7107(b)). 

17 SEC. 209. ENTRIES WITHIN PASSPORTS. 

18 (a) FINDINGS.—Congress finds the following: 

19 (1) The power of the executive branch to issue 

20 passports or other travel documents to United 

21 States citizens is derived solely from law. 

22 (2) The Secretary of State has caused entries 

23 to be made in passports of United States citizens 

24 who were born in Jerusalem, Israel, that are incon-
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1 sistent with the usual practice of entering the name 

2 of a country and not a city as a place of birth. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that United States citizens who have passports 

5 should not be required to carry passports which inac6 curately or inconsistently represent their personal details. 

7 (c) AUTHORITY.—This section is passed in exercise 

8 of the power of Congress, pursuant to Article 1, Section 

9 8 of the Constitution of the United States ‘‘To make all 

10 Laws which shall be necessary and proper for carrying 

11 into Execution the foregoing Powers, and all other Powers 

12 vested by the Constitution in the Government of the 

13 United States, or in any Department or Officer thereof.’’. 

14 (d) REQUIREMENT THAT ACCURATE ENTRIES BE

15 MADE ON REQUEST OF CITIZEN.—The first section of 

16 ‘‘An Act to regulate the issue and validity of passports, 

17 and for other purposes’’, approved July 3, 1926, (22 

18 U.S.C. 211a; 44 Stat. 887), is amended by inserting after 

19 the first sentence the following new sentence: ‘‘For pur20 poses of the issuance of a passport to a United States cit21 izen born in the city of Jerusalem, the Secretary shall, 

22 upon the request of the citizen or the citizen’s legal guard23 ian, record the place of birth as Israel.’’. 
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1 SEC. 210. UNITED STATES ACTIONS WITH RESPECT TO JE2 RUSALEM AS THE CAPITAL OF ISRAEL. 

3 (a) LIMITATION ON USE OF FUNDS FOR CONSULATE

4 IN JERUSALEM.—None of the funds authorized to be ap5 propriated by this Act may be expended for the operation 

6 of a United States consulate or diplomatic facility in Jeru7 salem unless such consulate or diplomatic facility is under 

8 the supervision of the United States Ambassador to Israel. 

9 (b) LIMITATION ON USE OF FUNDS FOR PUBLICA10 TIONS.—None of the funds authorized to be appropriated 

11 by this Act may be available for the publication of any 

12 official United States Government document that lists 

13 countries and their capital cities unless such publication 

14 identifies Jerusalem as the capital of the State of Israel. 

15 SEC. 211. AVAILABILITY OF UNCLASSIFIED TELECOMMUNI16 CATIONS FACILITIES. 

17 The Secretary of State shall make available to the 

18 appropriate congressional committees the use of unclassi19 fied telecommunications facilities of the Department of 

20 State that are located in an embassy, consulate, or other 

21 facility of the United States in a foreign country to allow 

22 such committees to receive testimony or other communica23 tion from an individual in any such country. 

24 SEC. 212. REPORTING FORMATS. 

25 (a) IN GENERAL.—The Secretary of State shall, with 

26 respect to a report that the Secretary is required to submit 
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1 to the appropriate congressional committees, submit each 

2 such report on suitable media in machine-readable format, 

3 including in plain text and in hypertext mark-up language 

4 (commonly referred to as ‘‘HTML’’), in addition to sub5 mission in written format. 

6 (b) EFFECTIVE DATE.—The requirement specified 

7 under subsection (a) shall apply beginning with the first 

8 report that the Secretary is required to submit to the ap9 propriate congressional committees after the date that is 

10 not later than 90 days after the date of the enactment 

11 of this Act. 

12 SEC. 213. EXTENSION OF REQUIREMENT FOR SCHOLAR13 SHIPS FOR TIBETANS AND BURMESE. 

14 Section 103(b)(1) of the Human Rights, Refugee, 

15 and Other Foreign Relations Provisions Act of 1996 (Pub16 lic Law 104–319; 22 U.S.C. 2151 note) is amended by 

17 striking ‘‘for the fiscal year 2003’’ and inserting ‘‘for each 

18 of fiscal years 2006 and 2007’’. 

19 SEC. 214. AMERICAN INSTITUTE IN TAIWAN FACILITIES EN20 HANCEMENT. 

21 Section 3(a) of the American Institute in Taiwan Fa22 cilities Enhancement Act (Public Law 106–212) is amend23 ed by striking ‘‘the sum of $75,000,000’’ and inserting 

24 ‘‘such sums as may be necessary’’. 
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1 SEC. 215. ACTIVITIES RELATED TO CUBA. 

2 (a) ACTIVITIES.—Of the funds made available for fis3 cal year 2006 for the Bureau of Educational and Cultural 

4 Affairs of the Department of State, $5,000,000 shall be 

5 used for activities related to Cuba under— 

6 (1) the J. William Fulbright Educational Ex7 change Program; 

8 (2) the Hubert Humphrey Fellowship Program; 

9 (3) the International Visitors Program; 

10 (4) the Benjamin A. Gilman International 

11 Scholarship Program; 

12 (5) the EducationUSA Program; and 

13 (6) professional, cultural, and youth programs 

14 operated by the Office of Citizen Exchanges of the 

15 Bureau. 

16 (b) PRIORITY.—The Secretary of State shall give pri17 ority to human rights dissidents, pro-democracy activists, 

18 and independent civil society members for participation in 

19 the activities described in subsection (a). 

20 (c) CONGRESSIONAL NOTIFICATION.—Not later than 

21 90 days after the date of the enactment of this Act, the 

22 Secretary shall notify the appropriate congressional com23 mittees on efforts to identify eligible participants for ac24 tivities described in subsection (a). Not later than 15 days 

25 prior to a final determination of eligible participants for 

26 activities described in subsection (a), the Secretary shall 
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1 notify the appropriate congressional committees of such 

2 determination and provide a list that contains the names 

3 of such eligible participants. 

4 SEC. 216. ESTABLISHMENT OF THE ACTIVE RESPONSE 

5 CORPS. 

6 (a) ESTABLISHMENT.—The Secretary of State, in 

7 consultation with the Administrator of the United States 

8 Agency for International Development, is authorized to es9 tablish an Active Response Corps (referred to in this sec10 tion as the ‘‘Corps’’) to provide assistance in support of 

11 stabilization and reconstruction activities in foreign coun12 tries or regions that are in, are in transition from, or are 

13 likely to enter into, conflict or civil strife. 

14 (b) COMPOSITION.—If the Corps is established in ac15 cordance with subsection (a), the Secretary and Adminis16 trator shall coordinate in the identification and training, 

17 and if necessary, in the recruitment and hiring, of nec18 essary personnel. Such personnel shall be composed of em19 ployees of United States civilian agencies or non-Federal 

20 employees. 

21 (c) USE OF ACTIVE RESPONSE CORPS.—The mem22 bers of the Active Response Corps shall be available— 

23 (1) if the President determines that it is in the 

24 national security interests of the United States to 

25 engage in stabilization and reconstruction activities 
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1 in a country or region that is in, is in transition 

2 from, or is likely to enter into, conflict or civil strife; 

3 and 

4 (2) if not engaged in such stabilization and re5 construction activities, for assignment in the United 

6 States, at diplomatic missions of the United States, 

7 and at missions of the United States Agency for 

8 International Development. 

9 (d) TRAINING AND EDUCATION PROGRAMS.— 

10 (1) IN GENERAL.—The Coordinator for Sta11 bilization and Reconstruction is authorized to con12 duct and arrange for training and education of the 

13 Active Response Corps. 

14 (2) EMPHASIS.—Training and education shall 

15 emphasize acquisition of general skills needed to op16 erate in a post-conflict environment and training 

17 specific to the job skill set for which the member has 

18 been identified to participate in the Active Response 

19 Corps. 

20 (3) CONTENTS.—Training and education may 

21 consist of— 

22 (A) conducting inter-agency training, in23 cluding training related to inter-agency deci24 sionmaking, operational planning, and execution 

25 simulations, for mid-level government officials 
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1 and managers to prepare such officials and 

2 managers to address stabilization and recon3 struction operations; 

4 (B) conducting advanced training related 

5 to stabilization and reconstruction operations 

6 for members of the Active Response Corps; 

7 (C) conducting pre-deployment training re8 lated to stabilization and reconstruction oper9 ations for civilians and military-civil affairs per10 sonnel; 

11 (D) conducting exercises related to sta12 bilization and reconstruction operations for 

13 United States and international experts; 

14 (E) developing a uniform set of operating 

15 procedures for stabilization and reconstruction 

16 operations; and 

17 (F) conducting ongoing evaluations and 

18 after-action reviews of stabilization and recon19 struction operations. 

20 (e) FACILITIES.—Training and education programs 

21 should be coordinated with and utilize to the extent pos22 sible existing programs and facilities such as the George 

23 P. Shultz National Foreign Affairs Training Center (com24 monly referred to as the ‘‘Foreign Service Institute’’), the 

25 National Defense University, the Center for Stabilization 
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1 and Reconstruction Studies at the Naval Postgraduate 

2 School, and the United States Institute for Peace. 

3 (f) ADDITIONAL AUTHORITIES.— 

4 (1) ESTABLISHMENT AND PURPOSE OF RE5 SERVE COMPONENT OF ACTIVE RESPONSE CORPS.— 

6 The Secretary, in consultation with the heads of 

7 other relevant Executive agencies, is authorized to 

8 establish and maintain a roster of personnel who are 

9 trained and available as needed to perform services 

10 necessary to carry out the purpose of the Corps 

11 under subsection (c). The personnel listed on the 

12 roster shall constitute a reserve component of the 

13 Active Response Corps. 

14 (2) FEDERAL EMPLOYEES.—The reserve com15 ponent may include employees of the Department of 

16 State, including Foreign Service Nationals, employ17 ees of the United States Agency for International 

18 Development, employees of any other Executive 

19 agency (as such term is defined in section 105 of 

20 title 5, United States Code), and employees from the 

21 legislative and judicial branches who— 

22 (A) have the training and skills necessary 

23 to enable them to contribute to stabilization 

24 and reconstruction activities under this section; 

25 and 
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1 (B) have volunteered for deployment to 

2 carry out such stabilization and reconstruction 

3 activities. 

4 (g) USE OF RESERVE COMPONENT.—The Secretary 

5 may deploy members of the reserve component in support 

6 of stabilization and reconstruction activities in a foreign 

7 country or region if the President makes a determination 

8 regarding a stabilization and reconstruction crisis. The 

9 Secretary is authorized to employ contractor personnel, 

10 nongovernmental organization personnel, and State and 

11 local government employees, who— 

12 (1) have the training and skills necessary to en13 able them to contribute to stabilization and recon14 struction activities under this section; and 

15 (2) have volunteered to carry out such stabiliza16 tion and reconstruction activities. 

17 (h) REPORT.—Not later than 180 days after the date 

18 of the enactment of this Act, the Secretary shall submit 

19 to the appropriate congressional committees a report on 

20 the status of efforts to establish the Active Response 

21 Corps. The report shall include recommendations— 

22 (1) for any legislation necessary to implement 

23 subsection (a); and 

24 (2) concerning the regulation and structure of 

25 the Active Response Corps, including recommenda-
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1 tions related to pay and employment security for, 

2 and benefit and retirement matters related to, mem3 bers of the Corps. 

4 SEC. 217. PASSPORT SECURITY ENHANCEMENT. 

5 (a) REPORT ON DOCUMENTS RELATED TO PASSPORT

6 ISSUANCE.— 

7 (1) IN GENERAL.—Not later than one year 

8 after the date of the enactment of this Act, the Sec9 retary of State shall submit to the appropriate con10 gressional committees a report that describes exist11 ing security weaknesses of identification documents, 

12 including birth certificates, required for the issuance 

13 of a passport, and that includes, in accordance with 

14 paragraph (3), recommended criteria for birth cer15 tificates that will be acceptable to establish valid 

16 proof of identity and national origin of individuals 

17 for the issuance of passports to such individuals. 

18 (2) CONSULTATION.—The Secretary shall con19 sult with appropriate officials of States and cities 

20 identified as vital registration jurisdictions in the 

21 preparation of such criteria. 

22 (3) ACCEPTANCE CRITERIA.—The criteria re23 ferred to in paragraph (1) shall include the estab24 lishment of minimum acceptance criteria for identi-
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1 fication documents issued by such jurisdictions, in2 cluding criteria related to— 

3 (A) vital records security and procedures; 

4 (B) security paper and printing for birth 

5 certificates; 

6 (C) customer identification requirements; 

7 (D) issuance of birth certificates, including 

8 duplicates; 

9 (E) controlling access to birth certificate 

10 records to prevent identity fraud; 

11 (F) data element definitions to facilitate 

12 electronic exchange of birth and death registra13 tion information with the Department of State 

14 for purposes of issuing passports; and 

15 (G) routine matching of all birth and death 

16 records. 

17 (b) BACKGROUND INVESTIGATION AND ESTABLISH18 MENT OF TRAINING PROGRAM FOR PASSPORT ACCEPT19 ANCE AGENTS.— 

20 (1) BACKGROUND INVESTIGATION.—Not later 

21 than 180 days after the date of the enactment of 

22 this Act, the Secretary of State shall establish a 

23 mandatory requirement for background investiga24 tions of passport acceptance agents. 
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1 (2) ESTABLISHMENT OF TRAINING PRO2 GRAM.—Not later than one year after the date of 

3 the enactment of this Act, the Under Secretary for 

4 Management of the Department of State, acting 

5 through the Bureau of Consular Affairs of the De6 partment, shall— 

7 (A) establish a comprehensive training pro8 gram for passport acceptance agents that in9 cludes instruction and training relating to iden10 tification document fraud detection, customer 

11 identification authentication, and the penalties 

12 for passport fraud by employees, agents, and 

13 passport applicants; 

14 (B) establish a database that records when 

15 passport acceptance agents complete such train16 ing; 

17 (C) require all newly appointed passport 

18 acceptance agents to complete such training be19 fore initial processing of passport applications; 

20 and 

21 (D) establish a training schedule so that 

22 all existing passport acceptance agents have 

23 completed such training no later than three 

24 years after the date of the establishment of the 

25 training program under this paragraph. 
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1 (c) EXPANDED AUTHORITY OF SPECIAL AGENTS.— 

2 Section 203 of the Omnibus Diplomatic and Antiterrorism 

3 Act of 1986 (Public Law 99–399; 22 U.S.C. 4823) is 

4 amended— 

5 (1) in the first sentence, by striking ‘‘Special 

6 agent positions’’ and inserting ‘‘(a) Special agent po7 sitions’’; and 

8 (2) by adding at the end the following new sub9 section: 

10 ‘‘(b) In connection with investigations of corruption, 

11 waste, fraud, and abuse by officers and employees of the 

12 United States Government, including the illegal sale of 

13 United States passports and visas and other United States 

14 criminal offenses, the Federal District Court for the Dis15 trict of Columbia shall have authority to issue warrants 

16 with respect to properties within the special maritime and 

17 territorial jurisdiction of the United States, as defined 

18 under section 7(9) of title 18, United States Code. Special 

19 agents under the direction of the Director of the Diplo20 matic Security Service shall have authority to execute such 

21 warrants.’’. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated such sums as may be 

24 necessary, or to reprogram funds otherwise obtained 
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1 through receipts from the issuance of passports and visas, 

2 to carry out this section. 

3 TITLE III—ORGANIZATION AND 

4 PERSONNEL OF THE DEPART5 MENT OF STATE 

6 SEC. 301. EDUCATION ALLOWANCES. 

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

8 amended— 

9 (1) in the first sentence of subparagraph (A), 

10 by inserting ‘‘United States’’ after ‘‘nearest’’; 

11 (2) by striking subparagraph (B) and inserting 

12 the following new subparagraph: 

13 ‘‘(B) The travel expenses of dependents of 

14 an employee to and from a secondary or post15 secondary educational institution, not to exceed 

16 one annual trip each way for each dependent, 

17 except that an allowance payment under sub18 paragraph (A) may not be made for a depend19 ent during the 12 months following the arrival 

20 of the dependent at the selected educational in21 stitution under authority contained in this sub22 paragraph.’’; and 

23 (3) by adding at the end the following new sub24 paragraph: 
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1 ‘‘(D) Allowances provided pursuant to sub2 paragraphs (A) and (B) may include, at the 

3 election of the employee, payment or reimburse4 ment of the costs incurred to store baggage for 

5 the employee’s dependent at or in the vicinity of 

6 the dependent’s school during the dependent’s 

7 annual trip between the school and the employ8 ee’s duty station, except that such payment or 

9 reimbursement may not exceed the cost that the 

10 Government would incur to transport the bag11 gage with the dependent in connection with the 

12 annual trip, and such payment or reimburse13 ment shall be in lieu of transportation of the 

14 baggage.’’. 

15 SEC. 302. OFFICIAL RESIDENCE EXPENSES. 

16 Section 5913 of title 5, United States Code, is 

17 amended by adding at the end the following new sub18 section: 

19 ‘‘(c) Funds made available under subsection (b) may 

20 be provided in advance to persons eligible to receive reim21 bursements.’’. 
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1 SEC. 303. INCREASED LIMITS APPLICABLE TO POST DIF2 FERENTIALS AND DANGER PAY ALLOW3 ANCES. 

4 (a) REPEAL OF LIMITED-SCOPE EFFECTIVE DATE

5 FOR PREVIOUS INCREASE.—Subsection (c) of section 591 

6 of the Foreign Operations, Export Financing, and Related 

7 Programs Appropriations Act, 2004 (division D of Public 

8 Law 108–199) is repealed. 

9 (b) POST DIFFERENTIALS.—Section 5925(a) of title 

10 5, United States Code, is amended in the third sentence 

11 by striking ‘‘25 percent of the rate of basic pay or, in the 

12 case of an employee of the United States Agency for Inter13 national Development,’’. 

14 (c) DANGER PAY ALLOWANCES.—Section 5928 of 

15 title 5, United States Code, is amended by striking ‘‘25 

16 percent of the basic pay of the employee or 35 percent 

17 of the basic pay of the employee in the case of an employee 

18 of the United States Agency for International Develop19 ment’’ both places that it appears and inserting ‘‘35 per20 cent of the basic pay of the employee’’. 

21 (d) CRITERIA.—The Secretary of State shall inform 

22 the appropriate congressional committees of the criteria 

23 to be used in determinations of appropriate adjustments 

24 in post differentials under section 5925(a) of title 5, 

25 United States Code, as amended by subsection (b), and 
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1 danger pay allowances under section 5928 of title 5, 

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

3 (e) STUDY AND REPORT.—Not later than two years 

4 after the date of the enactment of this Act, the Secretary 

5 of State shall conduct a study assessing the effect of the 

6 increases in post differentials and danger pay allowances 

7 made by the amendments in subsections (b) and (c), re8 spectively, in filling ‘‘hard-to-fill’’ positions and shall sub9 mit a report of such study to the appropriate congressional 

10 committees. 

11 SEC. 304. HOME LEAVE. 

12 Chapter 9 of title I of the Foreign Service Act of 

13 1980 (relating to travel, leave, and other benefits) is 

14 amended— 

15 (1) in section 901(6) (22 U.S.C. 4081(6)), by 

16 striking ‘‘unbroken by home leave’’ both places that 

17 it appears; and 

18 (2) in section 903(a) (22 U.S.C. 4083), by 

19 striking ‘‘18 months’’ and inserting ‘‘12 months’’. 

20 SEC. 305. OVERSEAS EQUALIZATION AND COMPARABILITY 

21 PAY ADJUSTMENT. 

22 (a) OVERSEAS COMPARABILITY PAY ADJUSTMENT.— 

23 (1) IN GENERAL.—Chapter 4 of the Foreign 

24 Service Act of 1980 (22 U.S.C. 3961 et seq.) (relat-
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1 ing to compensation) is amended by adding at the 

2 end the following new section: 

3 ‘‘SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 

4 ‘‘(a) IN GENERAL.—In accordance with subsection 

5 (c), a member of the Service who is designated class 1 

6 or below and who does not have as an official duty station 

7 a location in the continental United States or in a non8 foreign area shall receive locality-based comparability pay9 ments under section 5304 of title 5, United States Code, 

10 that would be paid to such member if such member’s offi11 cial duty station would have been Washington, D.C. 

12 ‘‘(b) TREATMENT AS BASIC PAY.—The locality-based 

13 comparability payment described in subsection (a) shall— 

14 ‘‘(1) be considered to be part of the basic pay 

15 of a member in accordance with section 5304 of title 

16 5, United States Code, for the same purposes for 

17 which comparability payments are considered to be 

18 part of basic pay under such section; and 

19 ‘‘(2) be subject to any applicable pay limita20 tions. 

21 ‘‘(c) PHASE-IN.—The comparability pay adjustment 

22 described under this section shall be paid to a member 

23 described in subsection (a) in three phases, as follows: 
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1 ‘‘(1) In fiscal year 2006, 33.33 percent of the 

2 amount of such adjustment to which such member 

3 is entitled. 

4 ‘‘(2) In fiscal year 2007, 66.66 percent of the 

5 amount of such adjustment to which such member 

6 is entitled. 

7 ‘‘(3) In fiscal year 2008 and subsequent fiscal 

8 years, 100.00 percent of the amount of such adjust9 ment to which such member is entitled.’’. 

10 (2) CONFORMING AMENDMENT.—The table of 

11 sections in section 2 of such Act is amended by in12 serting after the item relating to section 414 the fol13 lowing new item: 

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

14 (b) CONFORMING AMENDMENTS RELATING TO THE

15 RETIREMENT AND DISABILITY SYSTEM OF THE FOREIGN

16 SERVICE.— 

17 (1) CONTRIBUTIONS TO THE FUND.—Section 

18 805(a) of the Foreign Service Act of 1980 (22 

19 U.S.C. 4045(a)) is amended— 

20 (A) in paragraph (1)— 

21 (i) in the first sentence, by striking 

22 ‘‘7.25 percent’’ and inserting ‘‘7.00 per23 cent’’; and 

24 (ii) in the second sentence, by striking 

25 ‘‘The contribution by the employing agen-
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1 cy’’ through ‘‘and shall be made’’ and in2 serting ‘‘An equal amount shall be contrib3 uted by the employing agency’’; 

4 (B) in paragraph (2)— 

5 (i) in subparagraph (A), by striking ‘‘, 

6 plus an amount equal to .25 percent of 

7 basic pay’’; and 

8 (ii) in subparagraph (B), in the first 

9 sentence, by striking ‘‘, plus an amount 

10 equal to .25 percent of basic pay’’; and 

11 (C) in paragraph (3), by striking ‘‘, plus 

12 .25 percent’’. 

13 (2) COMPUTATION OF ANNUITIES.—Section 

14 806(a)(9) of such Act (22 U.S.C. 4046(a)(9)) is 

15 amended— 

16 (A) by striking ‘‘is outside’’ and inserting 

17 ‘‘was outside’’; and 

18 (B) by inserting after ‘‘continental United 

19 States’’ the following: ‘‘for any period of time 

20 from December 29, 2002, to the first day of the 

21 first full pay period beginning after the date of 

22 applicability of the overseas comparability pay 

23 adjustment under section 415’’; 
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1 (3) ENTITLEMENT TO ANNUITY.—Section 

2 855(a)(3) of such Act (22 U.S.C. 4071d(a)(3)) is 

3 amended— 

4 (A) by striking ‘‘is outside’’ and inserting 

5 ‘‘was outside’’; and 

6 (B) by inserting after ‘‘continental United 

7 States’’ the following: ‘‘for any period of time 

8 from December 29, 2002, to the first day of the 

9 first full pay period beginning after the date of 

10 applicability of the overseas comparability pay 

11 adjustment under section 415’’. 

12 (4) DEDUCTIONS AND WITHHOLDINGS FROM

13 PAY.—Section 856(a)(2) of such Act (22 U.S.C. 

14 4071e(a)(2)) is amended to read as follows: 

15 ‘‘(2) The applicable percentage under this subsection 

16 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.’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect on the date of the enactment 

19 of this Act and apply beginning on the first day of the 

20 first full pay period beginning after such date. 
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1 SEC. 306. FELLOWSHIP OF HOPE PROGRAM. 

2 (a) FELLOWSHIP AUTHORIZED.—Chapter 5 of title 

3 I of the Foreign Service Act of 1980 (22 U.S.C. 3981 

4 et seq.) is amended by adding at the end the following 

5 new section: 

6 ‘‘SEC. 506. FELLOWSHIP OF HOPE PROGRAM. 

7 ‘‘(a) ESTABLISHMENT.—The Secretary is authorized 

8 to establish a program to be known as the ‘Fellowship of 

9 Hope Program’. Under the Program, the Secretary may 

10 assign a member of the Service, for not more than one 

11 year, to a position with any designated country or des12 ignated entity that permits an employee of such country 

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

14 ‘‘(b) SALARY AND BENEFITS.—The salary and bene15 fits of a member of the Service shall be paid as described 

16 in subsection (b) of section 503 during a period in which 

17 such member is participating in the Fellowship of Hope 

18 Program. The salary and benefits of an employee of a des19 ignated country or designated entity participating in the 

20 Program shall be paid by such country or entity during 

21 the period in which such employee is participating in the 

22 Program. 

23 ‘‘(c) DEFINITIONS.—In this section: 

24 ‘‘(1) The term ‘designated country’ means a 

25 member country of— 
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1 ‘‘(A) the North Atlantic Treaty Organiza2 tion; or 

3 ‘‘(B) the European Union. 

4 ‘‘(2) The term ‘designated entity’ means— 

5 ‘‘(A) the North Atlantic Treaty Organiza6 tion; or 

7 ‘‘(B) the European Union. 

8 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be construed to— 

10 ‘‘(1) authorize the appointment as an officer or 

11 employee of the United States of— 

12 ‘‘(A) an individual whose allegiance is to 

13 any country, government, or foreign or inter14 national entity other than to the United States; 

15 or 

16 ‘‘(B) an individual who has not met the re17 quirements of sections 3331, 3332, 3333, and 

18 7311 of title 5, United States Code, and any 

19 other provision of law concerning eligibility for 

20 appointment as, and continuation of employ21 ment as, an officer or employee of the United 

22 States; or 

23 ‘‘(2) authorize the Secretary to assign a mem24 ber of the Service to a position with any foreign 

25 country whose law, or to any foreign or international 
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1 entity whose rules, require such member to give alle2 giance or loyalty to such country or entity while as3 signed to such position.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 Such Act is amended— 

6 (1) in section 503 (22 U.S.C. 3983)— 

7 (A) in the section heading, by striking 

8 ‘‘AND’’ and inserting ‘‘FOREIGN GOVERN9 MENTS, OR’’; and 

10 (B) in subsection (a)— 

11 (i) in the matter preceding paragraph 

12 (1), by inserting ‘‘foreign government,’’ 

13 after ‘‘organization,’’; and 

14 (ii) in paragraph (1), by inserting ‘‘, 

15 or with a foreign government under section 

16 506’’ before the semicolon; and 

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

18 (A) by striking the item relating to section 

19 503 and inserting the following new item: 

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

20 and 

21 (B) by inserting after the item relating to 

22 section 505 the following new item: 

‘‘Sec. 506. Fellowship of Hope Program.’’. 
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1 SEC. 307. REGULATIONS REGARDING RETIREMENT CREDIT 

2 FOR GOVERNMENT SERVICE PERFORMED 

3 ABROAD. 

4 Section 321(f) of the Foreign Relations Authorization 

5 Act, Fiscal Year 2003 (5 U.S.C. 8411 note; Public Law 

6 107–228) is amended by inserting ‘‘, not later than 60 

7 days after the date of the enactment of the Foreign Rela8 tions Authorization Act, Fiscal Years 2006 and 2007,’’ 

9 after ‘‘regulations’’. 

10 SEC. 308. PROMOTING ASSIGNMENTS TO INTERNATIONAL 

11 ORGANIZATIONS. 

12 (a) PROMOTIONS.—Section 603(b) of the Foreign 

13 Service Act of 1980 (22 U.S.C. 4003) is amended by strik14 ing the period at the end and inserting the following: ‘‘, 

15 and shall consider whether the member of the Service has 

16 served in a position whose primary responsibility is to for17 mulate policy toward or represent the United States at 

18 an international organization, a multilateral institution, or 

19 a broad-based multilateral negotiation of an international 

20 instrument.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall take effect and apply beginning on 

23 January 1, 2010. 
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1 SEC. 309. SUSPENSION OF FOREIGN SERVICE MEMBERS 

2 WITHOUT PAY. 

3 (a) SUSPENSION.—Section 610 of the Foreign Serv4 ice Act of 1980 (22 U.S.C. 4010) is amended by adding 

5 at the end the following new subsection: 

6 ‘‘(c)(1) The Secretary may suspend a member of the 

7 Service without pay when there is reasonable cause to be8 lieve that the member has committed a crime for which 

9 a sentence of imprisonment may be imposed and there is 

10 a connection between the conduct and the efficiency of the 

11 Foreign Service. 

12 ‘‘(2) Any member of the Service for whom a suspen13 sion is proposed shall be entitled to— 

14 ‘‘(A) written notice stating the specific reasons 

15 for the proposed suspension; 

16 ‘‘(B) a reasonable time to respond orally and in 

17 writing to the proposed suspension; 

18 ‘‘(C) representation by an attorney or other 

19 representative; and 

20 ‘‘(D) a final written decision, including the spe21 cific reasons for such decision, as soon as prac22 ticable. 

23 ‘‘(3) Any member suspended under this section may 

24 file a grievance in accordance with the procedures applica25 ble to grievances under chapter 11 of this title. 
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1 ‘‘(4) In the case of a grievance filed under paragraph 

2 (3), the Foreign Service Grievance Board may not exercise 

3 the authority provided under section 1106(8). 

4 ‘‘(5) In this subsection: 

5 ‘‘(A) The term ‘reasonable time’ means 30 days 

6 after receiving notice of the proposed suspension. 

7 ‘‘(B) The terms ‘suspend’ and ‘suspension’ 

8 mean the placing of a member of the Service in a 

9 temporary status without duties and pay.’’. 

10 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

11 (1) AMENDMENT OF SECTION HEADING.—Such 

12 section, as amended by subsection (a), is further 

13 amended in the section heading by inserting ‘‘; SUS14 PENSION’’ before the period at the end. 

15 (2) CLERICAL AMENDMENT.—Section 2 of such 

16 Act is amended, in the table of contents, by striking 

17 the item relating to section 610 and inserting the 

18 following new item: 

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

19 SEC. 310. DEATH GRATUITY. 

20 Section 413(a) of the Foreign Service Act of 1980 

21 (22 U.S.C. 3973(a)) is amended in the first sentence by 

22 inserting before the period at the end the following: ‘‘or 

23 $100,000, whichever is greater’’. 
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1 SEC. 311. CLARIFICATION OF FOREIGN SERVICE GRIEV2 ANCE BOARD PROCEDURES. 

3 Section 1106(8) of the Foreign Service Act of 1980 

4 (22 U.S.C. 4136(8)) is amended in the first sentence— 

5 (1) by inserting ‘‘the involuntary separation of 

6 the grievant (other than an involuntary separation 

7 for cause under section 610(a)),’’ after ‘‘consid8 ering’’; and 

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

10 ‘‘the grievant, or’’. 

11 SEC. 312. REPEAL OF RECERTIFICATION REQUIREMENT 

12 FOR MEMBERS OF THE SENIOR FOREIGN 

13 SERVICE. 

14 Section 305(d) of the Foreign Service Act of 1980 

15 (22 U.S.C. 3945(d)) is hereby repealed. 

16 SEC. 313. TECHNICAL AMENDMENTS TO TITLE 5, UNITED 

17 STATES CODE, PROVISIONS ON RECRUIT18 MENT, RELOCATION, AND RETENTION BO19 NUSES. 

20 Title 5, United States Code, is amended— 

21 (1) in section 5753(a)(2)(A), by inserting be22 fore the semicolon at the end the following: ‘‘, but 

23 does not include members of the Foreign Service 

24 other than chiefs of mission and ambassadors-at25 large’’; and 
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1 (2) in section 5754(a)(2)(A), by inserting be2 fore the semicolon at the end the following: ‘‘, but 

3 does not include members of the Foreign Service 

4 other than chiefs of mission and ambassadors-at5 large’’. 

6 SEC. 314. LIMITED APPOINTMENTS IN THE FOREIGN SERV7 ICE. 

8 Section 309 of the Foreign Service Act of 1980 (22 

9 U.S.C. 3949) is amended— 

10 (1) in subsection (a), by striking ‘‘subsection 

11 (b)’’ and inserting ‘‘subsections (b) or (c)’’; 

12 (2) in subsection (b)— 

13 (A) by amending paragraph (3) to read as 

14 follows: 

15 ‘‘(3) as a career candidate, if— 

16 ‘‘(A) continued service is determined appro17 priate to remedy a matter that would be cognizable 

18 as a grievance under chapter 11; or 

19 ‘‘(B) the career candidate is called to military 

20 active duty pursuant to the Uniformed Services Em21 ployment and Reemployment Rights Act of 1994 

22 (Public Law 103–353; codified in chapter 43 of title 

23 38, United States Code) and the limited appoint24 ment expires in the course of such military active 

25 duty;’’; 
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1 (B) in paragraph (4), by striking ‘‘and’’ at 

2 the end; 

3 (C) in paragraph (5), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (D) by adding at the end the following new 

6 paragraph: 

7 ‘‘(6) in exceptional circumstances where the Sec8 retary determines the needs of the Service require the ex9 tension of a limited appointment— 

10 ‘‘(A) for a period of time not to exceed 12 

11 months, provided such period of time does not per12 mit additional review by the boards under section 

13 306; or 

14 ‘‘(B) for the minimum time needed to settle a 

15 grievance, claim, or complaint not otherwise pro16 vided for in this section.’’; and 

17 (3) by adding at the end the following new sub18 section: 

19 ‘‘(c) Noncareer specialist employees who have served 

20 five consecutive years under a limited appointment may 

21 be reappointed to a subsequent limited appointment pro22 vided there is at least a one year break in service before 

23 such new appointment. This requirement may be waived 

24 by the Director General in cases of special need.’’. 
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1 SEC. 315. STATEMENT OF CONGRESS REGARDING CAREER 

2 DEVELOPMENT PROGRAM FOR SENIOR FOR3 EIGN SERVICE. 

4 Congress declares that the recent changes proposed 

5 by the Department of State to the career development pro6 gram for members of the Senior Foreign Service will help 

7 promote well-rounded and effective members of the Senior 

8 Foreign Service, and should be implemented as planned 

9 in the coming years. Congress fully supports the proposed 

10 changes that require that in order to be eligible for pro11 motion into the Senior Foreign Service, a member of the 

12 Foreign Service must demonstrate over the course of the 

13 career of such member the following: 

14 (1) Operational effectiveness, including a 

15 breadth of experience in several regions and over 

16 several functions. 

17 (2) Leadership and management effectiveness. 

18 (3) Sustained professional language proficiency. 

19 (4) Responsiveness to Service needs. 

20 SEC. 316. SENSE OF CONGRESS REGARDING ADDITIONAL 

21 UNITED STATES CONSULAR POSTS. 

22 It is the sense of Congress that to help advance 

23 United States economic, political, and public diplomacy in24 terests, the Secretary of State should make best efforts 

25 to establish United States consulates or other appropriate 

26 United States diplomatic presence in Pusan, South Korea, 
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1 Hat Yai, Thailand, and an additional location in India in 

2 an under-served region. 

3 SEC. 317. OFFICE OF THE CULTURE OF LAWFULNESS. 

4 (a) ESTABLISHMENT.—There is established in the 

5 Bureau for International Law Enforcement and Narcotics 

6 of the Department of State an Office of the Culture of 

7 Lawfulness. 

8 (b) DIRECTOR AND STAFF.—The Office shall be 

9 headed by a Director and staffed by not less than two pro10 fessional staff. 

11 (c) DUTIES.—The Director of the Office shall coordi12 nate and increase the effectiveness of existing culture of 

13 lawfulness programs in the Department that can directly 

14 support foreign efforts to develop a culture of lawfulness, 

15 including— 

16 (1) seeking coordination between various pro17 grams and activities to support international nar18 cotics and other law enforcement, public diplomacy, 

19 foreign assistance, and democracy efforts by the per20 sonnel of the Department in Washington, D.C., and 

21 in United States embassies in foreign countries; 

22 (2) developing new initiatives to foster a culture 

23 of lawfulness through international organizations; 

24 and 
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1 (3) ensuring that culture of lawfulness edu2 cation is included in the curricula of all law enforce3 ment and public security academies and training 

4 programs that receive assistance from the United 

5 States, and in democracy, civic education, and rule 

6 of law assistance programs conducted with foreign 

7 governments and nongovernmental organizations. 

8 (d) REPORT.—Section 489(a) of the Foreign Assist9 ance Act of 1961 (22 U.S.C. 2291h(a)) is amended by 

10 inserting after paragraph (7) the following new paragraph: 

11 ‘‘(8) In addition, the efforts of the United 

12 States to foster the culture of lawfulness in coun13 tries around the world.’’. 

14 SEC. 318. REVIEW OF HUMAN RESOURCES POLICIES OF 

15 THE DEPARTMENT OF STATE. 

16 (a) BOTTOM-UP REVIEW OF ELEMENTS OF THE DE17 PARTMENT OF STATE.—The Secretary of State shall con18 duct ongoing, thorough reviews of the organizational 

19 structure and human resource policies of all elements of 

20 the Department of State to determine those organizational 

21 structures that are most effectively organized and whether 

22 personnel with the appropriate skill sets are being hired, 

23 trained, and utilized to meet national security challenges, 

24 including those posed by international terrorist threats. 
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1 (b) EMPHASIS ON DIVERSITY.—The review con2 ducted under subsection (a) shall include an emphasis on 

3 improving the ethnic, racial, cultural, and gender diversity 

4 of personnel of the Department of State. 

5 (c) BIENNIAL REPORT.—The Secretary shall submit 

6 to the appropriate congressional committees a biennial re7 port on the reviews conducted under this section and ef8 forts to improve diversity of the personnel of the Depart9 ment of State. 

10 SEC. 319. WORLDWIDE AVAILABILITY. 

11 Section 301(b) of the Foreign Service Act of 1980 

12 (22 U.S.C. 3491(b)) is amended by adding at the end the 

13 following new sentence: ‘‘At the time of entry into the 

14 Service, each member of the Service must be worldwide 

15 available, as determined by the Secretary of State through 

16 appropriate medical examinations, unless the Secretary 

17 determines that a waiver of the worldwide availability re18 quirement is required to fulfill a compelling Service need. 

19 The Secretary shall establish an internal administrative 

20 review process for medical ineligibility determinations.’’. 
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1 SEC. 320. TREATMENT OF TERRITORIES AND POSSESSIONS 

2 AS PART OF THE GEOGRAPHIC UNITED 

3 STATES FOR PURPOSES OF TRANSFER AL4 LOWANCES. 

5 Notwithstanding any other provision of law, for pur6 poses of transfer allowances for employees of the Depart7 ment of State under section 5924(2)(B) of title 5, United 

8 States Code, the territories and possessions of the United 

9 States, the Commonwealth of Puerto Rico, and the Com10 monwealth of the Northern Mariana Islands, shall be con11 sidered part of the geographic United States. 

12 TITLE IV—INTERNATIONAL 

13 ORGANIZATIONS 

14 SEC. 401. REDI CENTER. 

15 The Secretary of State is authorized to provide for 

16 the participation by the United States in the Regional 

17 Emerging Disease Intervention (‘‘REDI’’) Center in 

18 Singapore. 

19 SEC. 402. EXTENSION OF AUTHORIZATION OF APPROPRIA20 TION FOR THE UNITED STATES COMMISSION 

21 ON INTERNATIONAL RELIGIOUS FREEDOM. 

22 (a) IN GENERAL.—Subsection (a) of section 207 of 

23 the International Religious Freedom Act of 1998 (22 

24 U.S.C. 6435) is amended by striking ‘‘$3,000,000 for the 

25 fiscal year 2003’’ and inserting ‘‘$3,300,000 for each of 

26 fiscal years 2006 through 2011’’. 
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1 (b) TECHNICAL AMENDMENT.—Subsection (b) of 

2 such section is amended by striking ‘‘subparagraph’’ and 

3 inserting ‘‘subsection’’. 

4 SEC. 403. REFORM OF THE INTERNATIONAL ATOMIC EN5 ERGY AGENCY. 

6 (a) FINDINGS WITH RESPECT TO THE INTER7 NATIONAL ATOMIC ENERGY AGENCY.—Congress finds the 

8 following: 

9 (1) Efforts to prevent the further spread of nu10 clear weapons capabilities would be enhanced by uni11 versal membership in the International Atomic En12 ergy Agency (IAEA). 

13 (2) The enhanced authorities provided by the 

14 Additional Protocol to the Safeguards Agreements 

15 between the IAEA and Member States of the IAEA 

16 are indispensable to the ability of the IAEA to con17 duct inspections of nuclear facilities to a high degree 

18 of confidence. 

19 (3) The national security interests of the 

20 United States would be enhanced by the universal 

21 ratification and implementation of the Additional 

22 Protocol. 

23 (4) The national security interests of the 

24 United States would be enhanced by the rapid imple25 mentation by all Member States of the United Na-
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1 tions of United Nations Security Council Resolution 

2 1540, which prohibits all Member States from pro3 viding any form of support to non-state actors that 

4 attempt to manufacture, acquire, possess, develop, 

5 transport, transfer, or use nuclear, chemical, or bio6 logical weapons and their means of delivery, and re7 quiring all Member States to adopt and enforce ap8 propriate and effective domestic laws criminalizing 

9 such acts. 

10 (5) The national security interests of the 

11 United States require that the IAEA possess suffi12 cient authorities and resources to comprehensively 

13 and efficiently carry out its responsibilities for in14 spections and safeguards of nuclear facilities. 

15 (6) Regularly assessed contributions of Member 

16 States to the regular budget of the IAEA are due 

17 in the first quarter of each calendar year. 

18 (7) Currently, the United States does not pay 

19 its regularly assessed contribution to the regular 

20 budget of the IAEA until the last quarter of each 

21 calendar year. 

22 (8) This delayed payment results in recurring 

23 shortages of funds for the IAEA, thus compromising 

24 its ability to conduct safeguards inspections and nu25 clear security activities. 
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1 (b) FINDINGS WITH RESPECT TO THE NUCLEAR

2 NONPROLIFERATION TREATY.—Congress finds the fol3 lowing: 

4 (1) The Treaty on the Non-Proliferation of Nu5 clear Weapons (21 UST 483) (commonly referred to 

6 as the ‘‘Nuclear Nonproliferation Treaty’’ or the 

7 ‘‘NPT’’) is the foundation for international coopera8 tion to prevent the further spread of nuclear weap9 ons capabilities. 

10 (2) The NPT was conceived, written, and rati11 fied by State Parties as a treaty for the specific pur12 pose of preventing the proliferation of nuclear weap13 ons and nuclear explosive devices, as stated in the 

14 Preamble and first three Articles of the NPT. 

15 (3) The overriding priority of the NPT is pre16 venting the proliferation of nuclear weapons and nu17 clear explosive devices. 

18 (4) Article IV of the NPT conditions the ‘‘in19 alienable right to develop research, production and 

20 use of nuclear energy for peaceful purposes without 

21 discrimination’’ on conformity with Articles I and II, 

22 which obligate signatories ‘‘not to manufacture of 

23 otherwise acquire nuclear weapons or other nuclear 

24 explosive devices; and not to seek or receive any as-
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1 sistance in the manufacture of nuclear weapons or 

2 other nuclear explosive devices’’. 

3 (5) Because the processes used for the enrich4 ment of uranium and the reprocessing of plutonium 

5 for peaceful purposes are virtually identical to those 

6 needed for military purposes and thereby inherently 

7 pose an enhanced risk of proliferation, even under 

8 strict international inspections, Article IV of the 

9 NPT cannot be interpreted to recognize the inalien10 able right by every country to enrich uranium or re11 process plutonium. 

12 (6) Because the factors needed for the develop13 ment of nuclear energy for peaceful purposes are vir14 tually identical to those required for the development 

15 of nuclear weapons and devices, Article X cannot be 

16 interpreted to allow a signatory country to develop 

17 a nuclear weapons program based on materials, fa18 cilities, and equipment it has acquired through its 

19 Article IV cooperation. 

20 (c) STATEMENT OF CONGRESS.—Congress declares 

21 that— 

22 (1) all provisions of the NPT must be inter23 preted within the context of preventing the prolifera24 tion of nuclear weapons and nuclear explosive de25 vices; 
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1 (2) Article IV of the NPT, interpreted in con2 formity with the NPT’s purpose, spirit, and freely 

3 undertaken obligations by State Parties, does not 

4 guarantee every country that is a State Party an in5 alienable right to enrich uranium or reprocess pluto6 nium; and 

7 (3) if a State Party chooses to exercise its Arti8 cle X right of withdrawal from the NPT, such State 

9 Party must surrender all of the materials, facilities, 

10 and equipment it has acquired through its Article IV 

11 cooperation, and no State Party will be recognized 

12 as having legally exercised its Article X right of 

13 withdrawal from the NPT until it has surrendered 

14 all such materials, facilities, and equipment. 

15 (d) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) the Director General of the IAEA should 

18 strengthen efforts to secure universal ratification 

19 and implementation of the Additional Protocol; and 

20 (2) the IAEA possesses statutory authority, in21 cluding under Articles II, III, VIII, IX, XI, and XII 

22 of the IAEA Statute, to undertake nuclear security 

23 activities. 
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1 (e) PROMOTION OF ADDITIONAL PROTOCOL AND

2 UNITED NATIONS SECURITY COUNCIL RESOLUTION

3 1540.— 

4 (1) UNIVERSAL RATIFICATION AND IMPLEMEN5 TATION; FULL COMPLIANCE.—The President shall 

6 take such steps as the President determines nec7 essary to encourage— 

8 (A) rapid universal ratification and imple9 mentation by Member States of the IAEA of 

10 the Additional Protocol to the Safeguards 

11 Agreements between the IAEA and Member 

12 States; and 

13 (B) full compliance by all foreign countries 

14 with United Nations Security Council Resolu15 tion 1540, which calls for the adoption and en16 forcement by all foreign countries of ‘‘appro17 priate effective laws which prohibit any non18 State actor to manufacture, acquire, possess, 

19 develop, transport, transfer or use nuclear, 

20 chemical or biological weapons and their means 

21 of delivery, in particular for terrorist purposes, 

22 as well as attempts to engage in any of the 

23 foregoing activities, participate in them as an 

24 accomplice, assist or finance them’’. 
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1 (2) SUSPENSION OF UNITED STATES NON-HU2 MANITARIAN FOREIGN ASSISTANCE.—The President 

3 is authorized to suspend United States non-humani4 tarian foreign assistance to any country that— 

5 (A) has not signed and ratified the Addi6 tional Protocol; and 

7 (B) has not fully complied with United Na8 tions Security Council Resolution 1540. 

9 (3) REPORT.— 

10 (A) IN GENERAL.—Not later than 90 days 

11 after the date of the enactment of this Act and 

12 annually thereafter until September 31, 2010, 

13 the Secretary of State shall submit to the ap14 propriate congressional committees a report on 

15 United States efforts to promote full compliance 

16 by all countries with United Nations Security 

17 Council Resolution 1540, with particular atten18 tion to the following: 

19 (i) United States efforts in appro20 priate international organizations or fora 

21 to elaborate and implement international 

22 standards for such full compliance. 

23 (ii) Steps taken by the United States 

24 to assist other countries to meet their obli-
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1 gations under United Nations Security 

2 Council Resolution 1540. 

3 (B) SUBMISSION.—The report required 

4 under this paragraph may be submitted to5 gether with the report on ‘‘Patterns of Global 

6 of Terrorism’’. 

7 (f) PAYMENT AT BEGINNING OF CALENDAR YEAR.— 

8 The Secretary of State shall take expeditious action to en9 sure that the United States regularly assessed contribu10 tion to the IAEA is made at the beginning of each cal11 endar year. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—In addi13 tion to amounts otherwise authorized to be appropriated 

14 to the Secretary of State under this Act, there are author15 ized to be appropriated to the Secretary such sums as may 

16 be necessary to permit the Secretary to ensure that the 

17 United States regularly assessed contribution of its annual 

18 dues to the IAEA is provided to the IAEA at the begin19 ning of each calendar year to compensate for the current 

20 delayed payment described under subsection (b). 

21 SEC. 404. PROPERTY DISPOSITION. 

22 Section 633(e) of the Departments of Commerce, 

23 Justice, and State, the Judiciary, and Related Agencies 

24 Appropriations Act, 2004 (division B of Public Law 108– 

25 199; 22 U.S.C. 2078(e)) is amended— 
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1 (1) by striking ‘‘The United States, through the 

2 Department of State, shall retain ownership of the 

3 Palazzo Corpi building in Istanbul, Turkey, and the’’ 

4 and inserting ‘‘The’’; and 

5 (2) by striking ‘‘at such location’’ and inserting 

6 ‘‘at an appropriate location’’. 

7 TITLE V—INTERNATIONAL 

8 BROADCASTING 

9 SEC. 501. SHORT TITLE. 

10 This title may be cited as the ‘‘International Broad11 casting Authorization Act, Fiscal Years 2006 and 2007’’. 

12 SEC. 502. MIDDLE EAST BROADCASTING NETWORKS. 

13 (a) MIDDLE EAST BROADCASTING NETWORKS.—The 

14 United States International Broadcasting Act of 1994 (22 

15 U.S.C. 6201 et seq.) is amended by inserting after section 

16 309 (22 U.S.C. 6208) the following new section: 

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

18 ‘‘(a) AUTHORITY.—Grants authorized under section 

19 305 shall be available to make annual grants to the Middle 

20 East Broadcasting Networks for the purpose of carrying 

21 out radio and television broadcasting to the Middle East 

22 region. 

23 ‘‘(b) FUNCTION.—Middle East Broadcasting Net24 works shall provide radio and television programming con-
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1 sistent with the broadcasting standards and broadcasting 

2 principles set forth in section 303. 

3 ‘‘(c) GRANT AGREEMENT.—Any grant agreement or 

4 grants under this section shall be subject to the following 

5 limitations and restrictions: 

6 ‘‘(1) The Board may not make any grant to the 

7 non-profit corporation, Middle East Broadcasting 

8 Networks, unless its certificate of incorporation pro9 vides that— 

10 ‘‘(A) The Board of Directors of Middle 

11 East Broadcasting Networks shall consist of the 

12 members of the Broadcasting Board of Gov13 ernors established under section 304 and of no 

14 other members. 

15 ‘‘(B) Such Board of Directors shall make 

16 all major policy determinations governing the 

17 operation of Middle East Broadcasting Net18 works, and shall appoint and fix the compensa19 tion of such managerial officers and employees 

20 of Middle East Broadcasting Networks as it 

21 considers necessary to carry out the purposes of 

22 the grant provided under this title, except that 

23 no officer or employee may be paid basic com24 pensation at a rate in excess of the rate for 

25 level II of the Executive Schedule as provided 
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1 under section 5313 of title 5, United States 

2 Code. 

3 ‘‘(2) Any grant agreement under this section 

4 shall require that any contract entered into by Mid5 dle East Broadcasting Networks shall specify that 

6 all obligations are assumed by Middle East Broad7 casting Networks and not by the United States Gov8 ernment. 

9 ‘‘(3) Any grant agreement shall require that 

10 any lease agreement entered into by Middle East 

11 Broadcasting Networks shall be, to the maximum 

12 extent possible, assignable to the United States Gov13 ernment. 

14 ‘‘(4) Grants awarded under this section shall be 

15 made pursuant to a grant agreement which requires 

16 that grant funds be used only for activities con17 sistent with this section, and that failure to comply 

18 with such requirements shall permit the grant to be 

19 terminated without fiscal obligation to the United 

20 States. 

21 ‘‘(5) Duplication of language services and tech22 nical operations between the Middle East Broad23 casting Networks (including Radio Sawa), RFE/RL, 

24 and the International Broadcasting Bureau will be 
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1 reduced to the extent appropriate, as determined by 

2 the Board. 

3 ‘‘(d) NOT A FEDERAL AGENCY OR INSTRUMEN4 TALITY.—Nothing in this title may be construed to 

5 make— 

6 ‘‘(1) the Middle East Broadcasting Networks a 

7 Federal agency or instrumentality; or 

8 ‘‘(2) the officers or employees of the Middle 

9 East Broadcasting Networks officers or employees of 

10 the United States Government.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 Such Act is further amended— 

13 (1) in section 304(g) (22 U.S.C. 6203(g)), by 

14 inserting ‘‘, the Middle East Broadcasting Net15 works,’’ after ‘‘Incorporated’’; 

16 (2) in section 305 (22 U.S.C. 6204)— 

17 (A) in subsection (a)— 

18 (i) in paragraph (5), by striking ‘‘308 

19 and 309’’ and inserting ‘‘308, 309, and 

20 309A’’; and 

21 (ii) in paragraph (6), by striking ‘‘308 

22 and 309’’ and inserting ‘‘308, 309, and 

23 309A’’; and 

24 (B) in subsection (c), by striking ‘‘308 and 

25 309’’ and inserting ‘‘308, 309, and 309A’’; and 
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1 (3) in section 307 (22 U.S.C. 6206)— 

2 (A) in subsection (a), by striking ‘‘308 and 

3 309’’ and inserting ‘‘308, 309, and 309A’’; and 

4 (B) in subsection (c), in the second sen5 tence, by inserting ‘‘the Middle East Broad6 casting Networks,’’ after ‘‘Asia,’’. 

7 (c) TECHNICAL AND CONFORMING AMENDMENT TO

8 TITLE 5.—Section 8332(b)(11) of title 5, United States 

9 Code, is amended by inserting ‘‘the Middle East Broad10 casting Networks;’’ after ‘‘Radio Free Asia;’’. 

11 SEC. 503. IMPROVING SIGNAL DELIVERY TO CUBA. 

12 Section 3 of the Radio Broadcasting to Cuba Act (22 

13 U.S.C. 1465a; Public Law 98–111) is amended— 

14 (1) by striking subsection (b); 

15 (2) by striking subsection (c) and inserting the 

16 following new subsection: 

17 ‘‘(c) To effect radio broadcasting to Cuba, the Board 

18 is authorized to utilize the United States International 

19 Broadcasting facilities located in Marathon, Florida, and 

20 the 1180 AM frequency used at those facilities. In addi21 tion to the above facilities, the Board may simultaneously 

22 utilize other governmental and nongovernmental broad23 casting transmission facilities and other frequencies, in24 cluding the Amplitude Modulation (AM) band, the Fre25 quency Modulation (FM) band, and the Shortwave (SW) 
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1 band. The Board may lease time on commercial or non2 commercial educational AM band, FM band, and SW band 

3 radio broadcasting stations to carry a portion of the serv4 ice programs or to rebroadcast service programs.’’; 

5 (3) by striking subsection (d); 

6 (4) by striking subsection (e) and inserting the 

7 following new subsection: 

8 ‘‘(e) Any service program of United States Govern9 ment radio broadcasts to Cuba authorized by this section 

10 shall be designated ‘Radio Marti program’.’’; 

11 (5) by striking subsection (f); and 

12 (6) by redesignating subsections (c) and (e) (as 

13 amended by this section) as subsections (b) and (c), 

14 respectively. 

15 SEC. 504. ESTABLISHING PERMANENT AUTHORITY FOR 

16 RADIO FREE ASIA. 

17 Section 309 of the United States International 

18 Broadcasting Act of 1994 (22 U.S.C. 6208) is amended— 

19 (1) in subsection (c)(2), by striking ‘‘, and shall 

20 further specify that funds to carry out the activities 

21 of Radio Free Asia may not be available after Sep22 tember 30, 2009’’; and 

23 (2) by striking subsection (f). 
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1 SEC. 505. PERSONAL SERVICES CONTRACTING PROGRAM. 

2 Section 504 of the Foreign Relations Authorization 

3 Act, Fiscal Year 2003 (Public Law 107–228) is amend4 ed— 

5 (1) in the section heading, by striking 

6 ‘‘PILOT’’; 

7 (2) in subsection (a)— 

8 (A) by striking ‘‘pilot’’; 

9 (B) by striking ‘‘(in this section referred to 

10 as the ‘program’)’’; and 

11 (C) by striking ‘‘producers, and writers’’ 

12 and inserting ‘‘and other broadcasting special13 ists’’; 

14 (3) in subsection (b)(4), by striking ‘‘60’’ and 

15 inserting ‘‘100’’; and 

16 (4) by striking subsection (c). 

17 SEC. 506. COMMONWEALTH OF THE NORTHERN MARIANA 

18 ISLANDS EDUCATION BENEFITS. 

19 Section 305(a) of the United States International 

20 Broadcasting Act of 1994 (22 U.S.C. 6204(a)) is amended 

21 by inserting after paragraph (18) the following new para22 graph: 

23 ‘‘(19)(A) To provide for the payment of pri24 mary and secondary school expenses for dependents 

25 of personnel stationed in the Commonwealth of the 

26 Northern Mariana Islands (CNMI) at a cost not to 
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1 exceed expenses authorized by the Department of 

2 Defense for such schooling for dependents of mem3 bers of the Armed Forces stationed in the Common4 wealth, if the Board determines that schools avail5 able in the Commonwealth are unable to provide 

6 adequately for the education of the dependents of 

7 such personnel. 

8 ‘‘(B) To provide transportation for dependents 

9 of such personnel between their places of residence 

10 and those schools for which expenses are provided 

11 under subparagraph (A), if the Board determines 

12 that such schools are not accessible by public means 

13 of transportation.’’. 

14 TITLE VI—ADVANCE 

15 DEMOCRACY ACT OF 2005 

16 SEC. 601. SHORT TITLE. 

17 This title may be cited as the ‘‘Advance Democratic 

18 Values, Address Nondemocratic Countries, and Enhance 

19 Democracy Act of 2005’’ or the ‘‘ADVANCE Democracy 

20 Act of 2005’’. 

21 SEC. 602. FINDINGS. 

22 Congress finds the following: 

23 (1) All human beings are created equal and 

24 possess certain rights and freedoms, including the 

25 fundamental right to participate in the political life 
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1 and government of their respective countries. These 

2 inalienable rights are recognized in the Declaration 

3 of Independence of the United States and in the 

4 Universal Declaration of Human Rights of the 

5 United Nations. 

6 (2) The continued lack of democracy, freedom, 

7 and fundamental human rights in some countries is 

8 inconsistent with the universal values on which the 

9 United States is based and such continued lack of 

10 democracy, freedom, and fundamental human rights 

11 also poses a national security threat to the United 

12 States, its interests, and its friends, as it is in such 

13 countries that radicalism, extremism, and terrorism 

14 can flourish. 

15 (3) There is also a correlation between non16 democratic rule and other threats to international 

17 peace and security, including threats from war, 

18 genocide, famine, poverty, drug trafficking, corrup19 tion, refugee flows, human trafficking, religious per20 secution, environmental degradation, and discrimina21 tion against women. 

22 (4) The transition to democracy must be led 

23 from within nondemocratic countries, including by 

24 nongovernmental organizations, movements, and in25 dividuals, and by nationals of such countries who 
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1 live abroad. Nevertheless, democratic countries have 

2 a number of instruments available for supporting 

3 democratic reformers who are committed to pro4 moting effective, nonviolent change in nondemocratic 

5 countries. 

6 (5) United States efforts to promote democracy 

7 and protect human rights in countries where they 

8 are lacking can be strengthened to improve assist9 ance for such reformers. United States ambassadors 

10 and diplomats can play a critical role in such efforts 

11 to promote democracy by publicly demonstrating 

12 support for democratic principles and supporting 

13 democratic reformers. Training and incentives are 

14 needed to assist United States officials in strength15 ening the techniques and skills required to promote 

16 democracy. 

17 (6) A full evaluation of United States funds ex18 pended for the support of democracy is also nec19 essary to ensure an efficient and effective use of the 

20 resources that are dedicated to these efforts. 

21 (7) The promotion of democracy requires a 

22 broad-based effort with collaboration between all 

23 democratic countries, including through the Commu24 nity of Democracies. 
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1 (8) The promotion of such universal democracy 

2 constitutes a long-term challenge that does not al3 ways lead to an immediate transition to full democ4 racy, but through a dedicated and integrated ap5 proach can achieve universal democracy. 

6 SEC. 603. STATEMENT OF POLICY. 

7 It shall be the policy of the United States— 

8 (1) to promote freedom and democracy in for9 eign countries as a fundamental component of 

10 United States foreign policy; 

11 (2) to affirm fundamental freedoms and human 

12 rights in foreign countries and to condemn offenses 

13 against those freedoms and rights as a fundamental 

14 component of United States foreign policy; 

15 (3) to use all instruments of United States in16 fluence to support, promote, and strengthen demo17 cratic principles, practices, and values in foreign 

18 countries, including the right to free, fair, and open 

19 elections, secret balloting, and universal suffrage; 

20 (4) to protect and promote fundamental free21 doms and rights, including the freedoms of associa22 tion, of expression, of the press, and of religion, and 

23 the right to own private property; 

24 (5) to protect and promote respect for and ad25 herence to the rule of law in foreign countries; 
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1 (6) to provide appropriate support to organiza2 tions, individuals, and movements located in non3 democratic countries that aspire to live in freedom 

4 and establish full democracy in such countries; 

5 (7) to provide, political, economic, and other 

6 support to foreign countries that are willingly under7 taking a transition to democracy; 

8 (8) to commit United States foreign policy to 

9 the challenge of achieving universal democracy; and 

10 (9) to strengthen alliances and relationships 

11 with other democratic countries in order to better 

12 promote and defend shared values and ideals. 

13 SEC. 604. DEFINITIONS. 

14 In this title: 

15 (1) ANNUAL REPORT ON DEMOCRACY.—The 

16 term ‘‘Annual Report on Democracy’’ means the An17 nual Report on Democracy required under section 

18 612(a). 

19 (2) COMMUNITY OF DEMOCRACIES AND COMMU20 NITY.—The terms ‘‘Community of Democracies’’ 

21 and ‘‘Community’’ mean the association of demo22 cratic countries committed to the global promotion 

23 of democratic principles, practices, and values, which 

24 held its First Ministerial Conference in Warsaw, Po25 land, in June 2000. 
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1 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means any nongovernmental organization, inter3 national organization, multilateral institution, pri4 vate foundation, corporation, partnership, associa5 tion, or other entity, organization, or group engaged 

6 in (or with plans to engage in) the promotion of de7 mocracy and fundamental rights and freedoms in 

8 foreign countries categorized as ‘‘democratic transi9 tion countries’’ or as ‘‘nondemocratic’’ in the most 

10 recent Annual Report on Democracy. 

11 (4) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

12 individual’’ means any individual engaged in, or who 

13 intends to engage in, the promotion of democracy 

14 and fundamental rights and freedoms in foreign 

15 countries categorized as ‘‘democratic transition 

16 countries’’ or as ‘‘nondemocratic’’ in the most recent 

17 Annual Report on Democracy. 

18 (5) REGIONAL DEMOCRACY HUB AND HUB.— 

19 The terms ‘‘Regional Democracy Hub’’ and ‘‘Hub’’ 

20 mean the Regional Democracy Hubs established 

21 under section 611(c)(2). 

22 (6) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of State. 

24 (7) UNDER SECRETARY.—The term ‘‘Under 

25 Secretary’’ means the Under Secretary of State for 
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1 Democracy and Global Affairs established under sec2 tion 1(b) of the State Department Basic Authorities 

3 Act of 1956 (22 U.S.C. 2651a(b)), as amended by 

4 section 611(a)(2) of this Act. 

5 Subtitle A—Department of State 

6 Activities 

7 SEC. 611. PROMOTION OF DEMOCRACY IN FOREIGN COUN8 TRIES. 

9 (a) CODIFICATION OF UNDER SECRETARY OF STATE

10 FOR DEMOCRACY AND GLOBAL AFFAIRS.—Section 1(b) of 

11 the State Department Basic Authorities Act of 1956 (22 

12 U.S.C. 2651a(b)) is amended— 

13 (1) by redesignating paragraph (4) as para14 graph (5); and 

15 (2) by inserting after paragraph (3) the fol16 lowing new paragraph: 

17 ‘‘(4) UNDER SECRETARY OF STATE FOR DE18 MOCRACY AND GLOBAL AFFAIRS.—There shall be in 

19 the Department of State, among the Under Secre20 taries authorized by paragraph (1), an Under Sec21 retary of State for Democracy and Global Affairs, 

22 who shall have primary responsibility to assist the 

23 Secretary and the Deputy Secretary in the formula24 tion and implementation of United States policies 

25 and activities relating to the transition to and devel-
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1 opment of democracy in nondemocratic countries 

2 and to coordinate United States policy on global 

3 issues, including issues related to human rights, 

4 women’s rights, freedom of religion, labor standards 

5 and relations, the preservation of the global environ6 ment, the status and protection of the oceans, sci7 entific cooperation, narcotics control, law enforce8 ment, population issues, refugees, migration, war 

9 crimes, and trafficking in persons. The Secretary 

10 may assign such other responsibilities to the Under 

11 Secretary for Democracy and Global Affairs as the 

12 Secretary determines appropriate or necessary. In 

13 particular, the Under Secretary shall have the fol14 lowing responsibilities: 

15 ‘‘(A) Coordinating with the Under Sec16 retary for Public Diplomacy and Public Affairs 

17 and officers and employees from the regional 

18 bureaus of the Department of State to promote 

19 the transition to democracy in nondemocratic 

20 countries and strengthen development of democ21 racy in countries that are in transition to de22 mocracy. 

23 ‘‘(B) Advising the Secretary regarding any 

24 recommendation requested by any official of 

25 any other agency that relates to the human 
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1 rights situation in a foreign country or the ef2 fects on human rights or democracy in a for3 eign country of an agency program of such offi4 cial.’’. 

5 (b) ADDITIONAL DUTIES FOR ASSISTANT SEC6 RETARY OF STATE FOR DEMOCRACY, HUMAN RIGHTS, 

7 AND LABOR.—Section 1(c)(2)(A) of the State Department 

8 Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(2)) is 

9 amended by inserting after the first sentence the following 

10 new sentence: ‘‘The Assistant Secretary of State for De11 mocracy, Human Rights, and Labor shall also be respon12 sible for matters relating to the transition to and develop13 ment of democracy in nondemocratic countries, including 

14 promoting and strengthening the development of democ15 racy in foreign countries that are in the early stages of 

16 a transition to democracy and evaluating the effectiveness 

17 of United States programs that promote democracy.’’. 

18 (c) DEPARTMENT OF STATE AND UNITED STATES

19 MISSIONS ABROAD.— 

20 (1) OFFICE RELATED TO DEMOCRATIC MOVE21 MENTS AND TRANSITIONS.— 

22 (A) ESTABLISHMENT.—There shall be 

23 within the Bureau of Democracy, Human 

24 Rights, and Labor of the Department of State 

25 an office that shall be responsible for working 
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1 with democratic movements and facilitating the 

2 transition of nondemocratic countries and 

3 democratic transition countries to full democ4 racy. 

5 (B) PURPOSE.—In addition to any other 

6 responsibilities conferred on the office, the of7 fice shall promote transitions to full democracy 

8 in countries that have been categorized as non9 democratic or as democratic transition countries 

10 in the most recent Annual Report on Democ11 racy required under section 612(a). 

12 (C) RESPONSIBILITIES.—The Deputy As13 sistant Secretary of State for Democracy, 

14 Human Rights, and Labor described in para15 graph (4) and employees of the office shall— 

16 (i) develop relations with, consult 

17 with, and provide assistance to nongovern18 mental organizations, individuals, and 

19 movements that are committed to the 

20 peaceful promotion of democracy, demo21 cratic principles, practices, and values, and 

22 fundamental rights and freedoms in coun23 tries described in subparagraph (B), in24 cluding fostering relationships with the 
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1 United States Government and the govern2 ments of other democratic countries; 

3 (ii) assist officers and employees of 

4 regional bureaus to develop strategies and 

5 programs to promote peaceful change in 

6 such countries; 

7 (iii) foster dialogue, to the extent 

8 practicable, between the leaders of such 

9 nongovernmental organizations, individ10 uals, and movements and the officials of 

11 such countries; 

12 (iv) create narratives and histories re13 quired under section 616 for the Internet 

14 site for global democracy and human 

15 rights and assist in the preparation of the 

16 report required under section 612; and 

17 (v) facilitate, in coordination with 

18 public affairs officers and offices of the 

19 Department of State responsible for public 

20 diplomacy programs in such countries, de21 bates and discussions, including among 

22 young people in other countries, regarding 

23 the values and benefits of democracy and 

24 human rights at academic institutions in 

25 such countries. 
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1 (2) REGIONAL DEMOCRACY HUBS AT UNITED

2 STATES MISSIONS ABROAD.— 

3 (A) PILOT PROGRAM.— 

4 (i) IN GENERAL.—The Secretary shall 

5 establish a Regional Democracy Hub at a 

6 United States mission in two of the fol7 lowing geographic regions: 

8 (I) The Western Hemisphere. 

9 (II) Europe. 

10 (III) South Asia. 

11 (IV) The Near East. 

12 (V) East Asia and the Pacific. 

13 (VI) Africa. 

14 (ii) DIRECTOR.—Each Regional De15 mocracy Hub shall be headed by a Direc16 tor. The Director and the associated staff 

17 shall be selected by the Secretary of State 

18 in consultation with the Assistant Sec19 retary of State for Democracy, Human 

20 Rights, and Labor. 

21 (B) RESPONSIBILITIES.—Each Regional 

22 Democracy Hub shall support the appropriate 

23 United States ambassador and United States 

24 employees assigned to United States missions in 

25 each such geographic region to carry out the re-
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1 sponsibilities described in this Act, including as2 sisting Ambassadors and other United States 

3 officials in each nondemocratic country or 

4 democratic transition country in the geographic 

5 region to design and implement strategies for a 

6 transition to democracy in such county, includ7 ing regional strategies as appropriate. 

8 (C) ACCREDITATION.—As appropriate, the 

9 Department should seek accreditation for the 

10 Director to all nondemocratic countries in each 

11 geographic region for which each Hub is re12 sponsible. 

13 (D) TERMINATION.—The Secretary may 

14 terminate each Hub established under this 

15 paragraph five years after each is established. 

16 (E) CONTINUING RESPONSIBILITIES.— 

17 Nothing in this paragraph shall be construed as 

18 removing any responsibility under this or any 

19 other Act of any chief of mission or other em20 ployees of United States diplomatic missions, 

21 including the development and implementation 

22 of strategies to promote democracy. 

23 (F) AUTHORIZATION OF APPROPRIA24 TIONS.—There are authorized to be appro25 priated to the Secretary such sums as may be 
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1 necessary to carry out the responsibilities de2 scribed in subparagraph (B), including hiring 

3 additional staff to carry out such responsibil4 ities. 

5 (3) RESPONSIBILITIES OF THE BUREAU OF IN6 TELLIGENCE AND RESEARCH.—The Assistant Sec7 retary of State for Intelligence and Research should 

8 coordinate with the Department of the Treasury, the 

9 Department of Justice, the Central Intelligence 

10 Agency, other appropriate intelligence agencies, and, 

11 as appropriate, with foreign governments to— 

12 (A) monitor and document financial assets 

13 inside and outside the United States held by 

14 leaders of countries determined to be nondemo15 cratic countries or democratic transition coun16 tries in the Annual Report on Democracy under 

17 section 612(a); 

18 (B) identify close associates of such lead19 ers; and 

20 (C) monitor and document financial assets 

21 inside and outside the United States held by 

22 such close associates. 

23 (4) COORDINATION.— 

24 (A) DEPUTY ASSISTANT SECRETARY OF

25 STATE FOR DEMOCRACY, HUMAN RIGHTS, AND
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1 LABOR.—There should be in the Department of 

2 State a Deputy Assistant Secretary of State for 

3 Democracy, Human Rights, and Labor. Any 

4 such Deputy Assistant Secretary shall be in ad5 dition to the current number of Deputy Assist6 ant Secretaries. In addition to considering 

7 qualified noncareer candidates, the Secretary of 

8 State should seek to recruit senior members of 

9 the Senior Foreign Service to serve in such po10 sition. 

11 (B) RESPONSIBILITIES.—In addition to 

12 the responsibilities described in paragraph 

13 (1)(C) and such other responsibilities as the 

14 Secretary or Assistant Secretary of State for 

15 Democracy, Human Rights, and Labor may 

16 from time to time designate, the Deputy Assist17 ant Secretary of State for Democracy, Human 

18 Rights, and Labor should— 

19 (i) coordinate the work of the office 

20 described in paragraph (1) with the work 

21 of other offices and bureaus at the Depart22 ment of State and other United States 

23 Government agencies that provide grants 

24 and other assistance to nongovernmental 

25 organizations, individuals, and movements; 
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1 (ii) forge connections between the 

2 United States and nongovernmental orga3 nizations, individuals, and movements com4 mitted to the promotion of democracy and 

5 democratic principles, practices, and values 

6 and seek to embrace the work of such or7 ganizations, individuals, and movements; 

8 and 

9 (iii) evaluate the effectiveness of 

10 United States programs that promote de11 mocracy. 

12 (5) RECRUITMENT.—The Secretary shall seek 

13 to ensure that, not later than December 31, 2012, 

14 not less than 50 percent of the nonadministrative 

15 employees serving in the Bureau of Democracy, 

16 Human Rights, and Labor are members of the For17 eign Service. 

18 SEC. 612. REPORTS. 

19 (a) ANNUAL REPORT ON DEMOCRACY.— 

20 (1) PREPARATION AND DEADLINE FOR SUBMIS21 SION.—The Secretary of State shall prepare an An22 nual Report on Democracy. The Under Secretary of 

23 State for Democracy and Global Affairs, with the as24 sistance of the Assistant Secretary of State for De25 mocracy, Human Rights, and Labor, shall have the 
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1 principal responsibility of assisting the Secretary in 

2 the preparation of the Annual Report. The Under 

3 Secretary and Assistant Secretary shall consult with 

4 the regional bureaus of the Department of State in 

5 the preparation of the Annual Report. Not later 

6 than July 1 of each year, the Secretary shall submit 

7 to the appropriate congressional committees the An8 nual Report on Democracy. 

9 (2) CONTENTS.—The Annual Report on De10 mocracy shall contain the following: 

11 (A) EXECUTIVE SUMMARY.—An Executive 

12 Summary with a table listing every foreign 

13 country that the Secretary determines to be 

14 ‘‘nondemocratic’’, and a list of countries the 

15 Secretary determines to be ‘‘democratic transi16 tion countries’’ because they are at the early 

17 stages of their transition to democracy. The Ex18 ecutive Summary shall contain a short narrative 

19 highlighting the status of democracy in each 

20 such country. 

21 (i) DETERMINATION OF CATEGORIZA22 TION.—With respect to a country listed in 

23 the Executive Summary, the Secretary 

24 shall determine which of the categoriza25 tions specified under subparagraph (A) is 
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1 appropriate by reference to the principles 

2 enshrined in the United Nations Charter, 

3 the Universal Declaration of Human 

4 Rights, the International Covenant on Civil 

5 and Political Rights, the United Nations 

6 Commission on Human Rights Resolution 

7 1499/57 (entitled ‘‘Promotion of the Right 

8 to Democracy’’), the assessments used to 

9 determine eligibility for financial assistance 

10 disbursed from the Millennium Challenge 

11 Account, the assessments of nongovern12 mental organizations of eligibility to par13 ticipate in the meetings of the Community 

14 of Democracies, and the standards estab15 lished and adopted by the Community of 

16 Democracies. In addition, the categoriza17 tion of a country should be informed by 

18 the general consensus regarding the status 

19 of civil and political rights in such country 

20 by major nongovernmental organizations 

21 that conduct assessments of such condi22 tions in such countries. 

23 (ii) DETERMINATION OF NONDEMO24 CRATIC CATEGORIZATION.— 
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1 (I) IN GENERAL.—The Secretary 

2 shall categorize a country as non3 democratic if such country fails to 

4 satisfy any of the following require5 ments: 

6 (aa) All citizens of such 

7 county have the right to, and are 

8 not restricted in practice from, 

9 fully and freely participating in 

10 the political life of such country 

11 regardless of gender, race, lan12 guage, religion, or beliefs. 

13 (bb) The national legislative 

14 body of such country and, if di15 rectly elected, the head of govern16 ment of such country, are chosen 

17 by free, fair, open, and periodic 

18 elections, by universal and equal 

19 suffrage, and by secret ballot. 

20 (cc) More than one political 

21 party in such country has can22 didates who seek elected office at 

23 the national level and such par24 ties are not restricted in their po25 litical activities or their process 
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1 for selecting such candidates, ex2 cept for reasonable administra3 tive requirements commonly ap4 plied in countries categorized as 

5 fully democratic. 

6 (dd) All citizens in such 

7 country have a right to, and are 

8 not restricted in practice from, 

9 fully exercising the freedoms of 

10 thought, conscience, belief, peace11 ful assembly and association, 

12 speech, opinion, and expression, 

13 and such country has a free, 

14 independent, and pluralistic 

15 media. 

16 (ee) The current government 

17 of such country did not come to 

18 power in a manner contrary to 

19 the rule of law. 

20 (ff) Such country possesses 

21 an independent judiciary and the 

22 government of such country gen23 erally respects the rule of law. 

24 (II) ADDITIONAL CONSIDER25 ATIONS.—Notwithstanding the satis-
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1 faction by a country of the require2 ments specified under subclause (I), 

3 the Secretary may categorize a coun4 try as nondemocratic if the Secretary 

5 determines that such is appropriate 

6 after consideration of the principles 

7 specified under clause (i) with respect 

8 to such country. 

9 (B) STATUS OF DEMOCRACY.—A descrip10 tion of each country on the list described in 

11 subparagraph (A), including— 

12 (i) an evaluation of trends over the 

13 preceding 12 months towards improvement 

14 or deterioration in the commitment to and 

15 protection of democratic principles, prac16 tices, values, institutions, and processes in 

17 each such country; 

18 (ii) an evaluation of the political 

19 rights and freedoms enjoyed by individuals 

20 in each such country and an evaluation of 

21 the factors that prevent each such country 

22 from being categorized as fully democratic; 

23 and 

24 (iii) for each country previously cat25 egorized as nondemocratic in the Executive 
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1 Summary from the preceding 12 months, 

2 an evaluation of any progress made over 

3 the previous calendar year towards achiev4 ing a categorization of democratic transi5 tion country. 

6 (C) STRATEGY FOR NONDEMOCRATIC

7 COUNTRIES.—An in-depth examination of each 

8 country categorized as nondemocratic in the 

9 Executive Summary, including— 

10 (i) a strategy developed following con11 sultations with nongovernmental organiza12 tions, individuals, and movements that pro13 mote democratic principles, practices, and 

14 values in each such country to promote 

15 and achieve transition to full democracy in 

16 each such country; 

17 (ii) a summary of any actions taken 

18 by the President with respect to any such 

19 country, the effects of any such actions, 

20 and if no such actions have been taken, a 

21 statement explaining why not; 

22 (iii) a summary of any actions taken 

23 by the chief of mission and officials of the 

24 United States in each such country with 

25 which the United States maintains diplo-
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1 matic and consular posts with respect to 

2 promoting such a transition within such 

3 country and any activities of the embassy 

4 or consulate in such country to support in5 dividuals and organizations in such coun6 try that actively advocate for such a transi7 tion; 

8 (iv) a summary of efforts taken by of9 ficials of the United States to speak di10 rectly to the people in each such country, 

11 and in particular, a description of any vis12 its taken by the chief of mission and other 

13 officials of the United States in each such 

14 country to the colleges and universities and 

15 other institutions in each such country 

16 where young people congregate and learn; 

17 (v) a summary of any communications 

18 between United States Government offi19 cials, including the chief of mission in each 

20 such country, and the leader and other 

21 high government officials of each such 

22 country concerning respect for liberty, de23 mocracy, and political, social, and eco24 nomic freedoms; and 
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1 (vi) a description and evaluation of 

2 the efforts undertaken by other democratic 

3 countries belonging to the Community of 

4 Democracies to advance democracy in each 

5 such county, including through relevant 

6 bodies of the United Nations, regional or7 ganizations and bilateral policies and for8 eign assistance and the extent to which the 

9 United States coordinated United States 

10 actions and policies with such efforts. 

11 (3) CLASSIFIED ADDENDUM.—If the Secretary 

12 determines that it is in the national security inter13 ests of the United States, is necessary for the safety 

14 of individuals identified in the Annual Report on De15 mocracy, or is necessary to further the purposes of 

16 this Act, any information required by paragraph (2), 

17 including policies adopted or actions taken by the 

18 United States, may be summarized in the Annual 

19 Report on Democracy or in the Executive Summary 

20 and submitted to the appropriate congressional com21 mittees in more detail in a classified addendum. 

22 (b) ONE-TIME REPORT ON TRAINING AND GUIDE23 LINES FOR FOREIGN SERVICE OFFICERS AND CHIEFS OF

24 MISSION.—The Secretary of State, in consultation with 

25 the Under Secretary of State for Democracy and Global 
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1 Affairs, shall submit to the appropriate congressional com2 mittees a one-time report containing a description of the 

3 training provided under section 619 for Foreign Service 

4 officers, including chiefs of mission serving or preparing 

5 to serve in countries categorized as democratic transition 

6 countries or nondemocratic in the Annual Report on De7 mocracy required under subsection (a), or chiefs of mis8 sion in fully democratic countries whose job performance 

9 could benefit from such training, with respect to methods 

10 to promote and achieve transition to full democracy in 

11 each such country, including nonviolent action. The Sec12 retary shall submit the report together with the first An13 nual Report on Democracy required under such sub14 section. 

15 SEC. 613. STRATEGIES TO ENHANCE THE PROMOTION OF 

16 DEMOCRACY IN FOREIGN COUNTRIES. 

17 (a) WORKING GROUP ON NONDEMOCRATIC COUN18 TRIES.—Beginning in the year after the second Annual 

19 Report on Democracy required under section 612(a) is 

20 submitted and not less than once each year thereafter, the 

21 Under Secretary of State for Democracy and Global Af22 fairs should convene a working group under subsection (c) 

23 focused on each country categorized as nondemocratic in 

24 the most recent such report in order to— 
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1 (1) review progress on the action plan with re2 spect to each such country to promote and achieve 

3 the transition to full democracy in such country; and 

4 (2) receive recommendations regarding further 

5 action that should be taken with respect to such 

6 plan. 

7 (b) WORKING GROUP ON DEMOCRATIC TRANSITION

8 COUNTRIES.—Beginning in the year after the second An9 nual Report on Democracy required under section 612(a) 

10 is submitted and not less than once each year thereafter, 

11 the Under Secretary of State for Democracy and Global 

12 Affairs should also convene a working group under sub13 section (c) focused on the progress towards a fully demo14 cratic form of governance in each country categorized as 

15 a democratic transition country in the most recent Annual 

16 Report that was categorized as nondemocratic in any pre17 vious Annual Report. 

18 (c) MEMBERS OF WORKING GROUPS.—The working 

19 groups referred to in subsections (a) and (b) should in20 clude officers and employees of the Department of State 

21 and appropriate representatives from other relevant gov22 ernment agencies, including the United States Agency for 

23 International Development, the Department of the Treas24 ury, and the Department of Defense. 
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1 (d) CONSULTATIONS WITH CHIEFS OF MISSIONS.— 

2 The chief of mission for each country categorized as non3 democratic or a democratic transition country in the most 

4 recent Annual Report on Democracy shall meet with the 

5 Under Secretary of State for Democracy and Global Af6 fairs at least once each year to discuss the transition to 

7 full democracy in such country, including any actions the 

8 chief of mission has taken to implement the action plan 

9 for such country included in such report. 

10 SEC. 614. ACTIVITIES BY THE UNITED STATES TO PROMOTE 

11 DEMOCRACY AND HUMAN RIGHTS IN FOR12 EIGN COUNTRIES. 

13 (a) FREEDOM INVESTMENT ACT OF 2002.—The 

14 Freedom Investment Act of 2002 (subtitle E of title VI 

15 of Public Law 107–228) is amended— 

16 (1) in section 663(a), (relating to human rights 

17 activities at the Department of State)— 

18 (A) in paragraph (1), by striking ‘‘and’’ at 

19 the end; 

20 (B) by redesignating paragraph (2) as 

21 paragraph (4); 

22 (C) by inserting after paragraph (1) the 

23 following new paragraphs: 

24 ‘‘(2) a United States mission abroad in a coun25 try that has been categorized as nondemocratic in 
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1 the most recent Annual Report on Democracy (as 

2 required under section 612(a) of the Advance Demo3 cratic Values, Address Nondemocratic Countries, 

4 and Enhance Democracy Act of 2005) should have 

5 at least one political officer who shall have primary 

6 responsibility for monitoring and promoting democ7 racy and human rights in such country; 

8 ‘‘(3) the level of seniority of any such political 

9 officer should be in direct relationship to the severity 

10 of the problems associated with the establishment of 

11 full democracy and respect for human rights in such 

12 country; and’’; and 

13 (D) in paragraph (4), as so redesignated, 

14 by striking ‘‘monitoring human rights develop15 ments’’ and all that follows through ‘‘rec16 ommendation’’ and inserting the following: 

17 ‘‘monitoring and promoting democracy and 

18 human rights, including a political officer de19 scribed in paragraphs (2) and (3), in a foreign 

20 country should be made after consultation with 

21 and upon the recommendation’’; and 

22 (2) in section 665(c) (relating to reports on ac23 tions taken by the United States to encourage re24 spect for human rights), by striking the second sen25 tence and adding at the end the following new sen-
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1 tences: ‘‘If the Secretary elects to submit such infor2 mation as a separate report, such report may be 

3 submitted as part of the Annual Report on Democ4 racy required under section 612(a) of the Advance 

5 Democratic Values, Address Nondemocratic Coun6 tries, and Enhance Democracy Act of 2005. If the 

7 Secretary makes such an election, such report shall 

8 be organized so as to contain a separate section for 

9 each country to which such information applies, to10 gether with a short narrative describing the 

11 extrajudicial killing, torture, or other serious viola12 tions of human rights that are indicated to have oc13 curred in each such country.’’. 

14 (b) FOREIGN ASSISTANCE ACT OF 1961.—The For15 eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is 

16 amended— 

17 (1) in section 116(d) (22 U.S.C. 2151n(d)), by 

18 striking paragraph (10) and inserting the following 

19 new paragraph: 

20 ‘‘(10) for each country with respect to which 

21 the report indicates that extrajudicial killings, tor22 ture, or other serious violations of human rights 

23 have occurred in the country, a strategy, including 

24 a specific list of priorities and an action plan, to end 

25 such practices in the country, and any actions taken 
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1 in the previous year to end such practices in the 

2 country; and’’; and 

3 (2) in section 502B(b) (22 U.S.C. 2304(b)), by 

4 striking the sixth sentence and inserting the fol5 lowing new sentence: ‘‘Such report shall also include, 

6 for each country with respect to which the report in7 dicates that extrajudicial killings, torture, or other 

8 serious violations of human rights have occurred in 

9 the country, a strategy, including a specific list of 

10 priorities and an action plan, to end such practices 

11 in the country, and any actions taken in the previous 

12 year to end such practices in the country.’’. 

13 SEC. 615. DEMOCRACY PROMOTION AND HUMAN RIGHTS 

14 ADVISORY BOARD. 

15 (a) ESTABLISHMENT.—There is established a De16 mocracy Promotion and Human Rights Advisory Board. 

17 (b) PURPOSE AND DUTIES.—The Board shall advise 

18 and provide recommendations to the Secretary of State, 

19 the Under Secretary of State for Democracy and Global 

20 Affairs, the Assistant Secretary of State for Democracy, 

21 Human Rights, and Labor, the Director of the Office for 

22 Reconstruction and Stabilization of the Department of 

23 State, and the Assistant Administrator for the Bureau of 

24 Democracy, Conflict and Humanitarian Assistance of the 

25 United States Agency for International Development con-
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1 cerning United States policies regarding the promotion of 

2 democracy, the means of coordinating United States poli3 cies and programs related to the promotion of democracy, 

4 and United States policies regarding the establishment of 

5 universal democracy, including the following: 

6 (1) Reviewing and making recommendations re7 garding the overall United States strategy for pro8 moting democracy and human rights in partly demo9 cratic and nondemocratic countries, including meth10 ods for incorporating the promotion of democracy 

11 and human rights into United States diplomacy, the 

12 use of international organizations to further United 

13 States democracy promotion goals, and ways in 

14 which the United States can work with other coun15 tries and the Community of Democracies to further 

16 such purposes. 

17 (2) Recommendations regarding specific strate18 gies to promote democracy in countries categorized 

19 as nondemocratic or as democratic transition coun20 tries in the most recent Annual Report on Democ21 racy under section 612(a) and methods for con22 sulting and coordinating with individuals (including 

23 expatriates) and nongovernmental organizations that 

24 promote democratic principles, practices, and values. 

25 (3) Recommendations regarding the use of— 
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1 (A) programs related to the promotion of 

2 democracy and human rights administered by 

3 the United States Agency for International De4 velopment; and 

5 (B) the Human Rights and Democracy 

6 Fund, established under section 664 of the 

7 Freedom Investment Act of 2002 (subtitle E of 

8 title VI of Public Law 107–228). 

9 (4) Recommendations regarding regulations to 

10 be promulgated concerning— 

11 (A) the standards of performance to be 

12 met by members of the Foreign Service, includ13 ing chiefs of mission, under section 405(d) of 

14 the Foreign Service Act of 1980 (22 U.S.C. 

15 3965(d)); and 

16 (B) the development of programs to pro17 mote democracy in foreign countries under sec18 tion 614, relating to programs undertaken by 

19 United States missions in foreign countries and 

20 the activities of chiefs of mission. 

21 (c) STUDY ON DEMOCRACY ASSISTANCE.— 

22 (1) IN GENERAL.—Not later than 18 months 

23 after the appointment of five members of the Board, 

24 the Board shall submit to the President, appropriate 
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1 congressional committees, and the Secretary a study 

2 on United States democracy assistance. 

3 (2) CONTENTS.—The study shall include— 

4 (A) a comprehensive review and an overall 

5 evaluation of the efficiency and effectiveness of 

6 United States appropriations for the promotion 

7 of democracy, including— 

8 (i) information regarding the amount 

9 of money dedicated to such purpose each 

10 fiscal year; 

11 (ii) an identification of the inter12 national organizations, nongovernmental 

13 organizations, multilateral institutions, in14 dividuals, private groups (including cor15 porations and other businesses), and gov16 ernment agencies and departments receiv17 ing such funds for such purpose; 

18 (iii) information regarding the effi19 ciency and effectiveness of the use of such 

20 funds to promote a transition to democracy 

21 in nondemocratic countries with a special 

22 emphasis on activities related to the pro23 motion of democracy under subsection 

24 (b)(3)(B), relating to the Human Rights 

25 and Democracy Fund; and 
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1 (iv) information regarding the effi2 ciency and effectiveness of the use of such 

3 funds to promote and sustain democracy in 

4 countries that are already fully democratic 

5 or democratic transition countries; 

6 (B) a review of— 

7 (i) whether United States inter8 national broadcasts influence citizens of 

9 countries categorized as nondemocratic in 

10 the most recent Annual Report on Democ11 racy and the impact of increasing such 

12 broadcasts to such countries relative to the 

13 cost of such increases, including informa14 tion relating to an assessment of program15 ming on the means of nonviolent protest 

16 and democratic change; and 

17 (ii) the advantages and disadvantages 

18 of supporting private media sources that 

19 are not controlled or owned by the United 

20 States to reach citizens of such countries 

21 and the mechanisms that should be used to 

22 provide such support; 

23 (C) policy recommendations to the Presi24 dent and appropriate congressional committees 

25 regarding ways to improve United States pro-
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1 grams for the promotion of democracy, includ2 ing coordination of such programs; and 

3 (D) recommendations for reform of United 

4 States Government agencies involved in the pro5 motion of democracy. 

6 (d) MEMBERSHIP.— 

7 (1) APPOINTMENT.—The Board shall be com8 posed of nine members, who shall be citizens of the 

9 United States and who shall not be officers or em10 ployees of the United States. The Secretary shall ap11 point all such members. Not more than five mem12 bers may be affiliated with the same political party. 

13 (2) SELECTION.—Members of the Board shall 

14 be selected from among distinguished individuals 

15 noted for their knowledge and experience in fields 

16 relevant to the issues to be considered by the Board, 

17 including issues related to the promotion of democ18 racy, international relations, management and orga19 nization of foreign assistance or comparable pro20 grams, methods and means of nonviolent protest, 

21 academic study and debate of democracy, human 

22 rights, and international law. 

23 (3) TIME FOR APPOINTMENT.—The appoint24 ment of members to the Board under paragraph (1) 
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1 shall be made not later than 120 days after the date 

2 of the enactment of this Act. 

3 (4) TERM OF SERVICE AND SUNSET.—Each 

4 member shall be appointed to the Board for a term 

5 that shall expire on the date that is one year after 

6 the date of the submission of the study under sub7 section (c) or for any additional period determined 

8 by the Secretary pursuant to paragraph (5). 

9 (5) SUNSET.—The Board shall terminate on 

10 the date that is one year after the date of the sub11 mission of the study under such subsection unless 

12 the Secretary determines that it is in the interest of 

13 the Department to extend the Board for a period of 

14 an additional five years. 

15 (6) SECURITY CLEARANCES.—The Secretary 

16 shall ensure that all members of the Board, and ap17 propriate experts and consultants under paragraph 

18 (7)(E), obtain relevant security clearances in an ex19 peditious manner. 

20 (7) OPERATION.— 

21 (A) CHAIR.—The Secretary shall appoint 

22 one member of the Board to chair the Board. 

23 The Board shall meet at the call of the Chair. 

24 (B) TRAVEL EXPENSES.—Members of the 

25 Board shall be allowed travel expenses, includ-
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1 ing per diem in lieu of subsistence, at rates au2 thorized for employees of agencies under sub3 chapter I of chapter 57 of title 5, United States 

4 Code, while away from their homes or regular 

5 places of business in the performance of service 

6 for the Board. 

7 (C) OFFICE SPACE AND ADMINISTRATIVE

8 ASSISTANCE.—Upon the request of the chair9 person of the Board, the Secretary shall provide 

10 reasonable and appropriate office space, sup11 plies, and administrative assistance. 

12 (D) APPLICABILITY OF CERTAIN OTHER

13 LAWS.—Nothing in this section shall be con14 strued to cause the Board to be considered an 

15 agency or establishment of the United States, 

16 or to cause members of the Board to be consid17 ered officers or employees of the United States. 

18 Executive branch agencies may conduct pro19 grams and activities and provide services in 

20 support of the activities duties of the Board, 

21 notwithstanding any other provision of law. The 

22 Federal Advisory Committee Act (5 U.S.C. 

23 App.) shall not apply to the Board. 

24 (E) EXPERTS AND CONSULTANTS.—The 

25 Board may procure temporary and intermittent 
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1 services under section 3109(b) of title 5, United 

2 States Code. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Board such sums as 

5 may be necessary for each of fiscal years 2006, 2007, and 

6 2008. 

7 SEC. 616. ESTABLISHMENT AND MAINTENANCE OF INTER8 NET SITE FOR GLOBAL DEMOCRACY AND 

9 HUMAN RIGHTS. 

10 (a) ESTABLISHMENT.—In order to facilitate access 

11 by individuals and nongovernmental organizations in for12 eign countries to documents, streaming video and audio, 

13 and other media regarding democratic principles, prac14 tices, and values, and the promotion and strengthening of 

15 democracy, the Secretary of State, in cooperation with the 

16 Under Secretary of State for Democracy and Global Af17 fairs, the Under Secretary for Public Diplomacy and Pub18 lic Affairs, and the Assistant Secretary of State for De19 mocracy, Human Rights, and Labor, shall establish and 

20 maintain an Internet site for global democracy and human 

21 rights. 

22 (b) CONTENTS.—The Internet site for global democ23 racy established under subsection (a) shall include the fol24 lowing information: 
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1 (1) The Executive Summary prepared under 

2 section 612(a)(2)(A), but only to the extent that in3 formation contained therein is not classified. 

4 (2) Narratives and histories of significant 

5 democratic movements in foreign countries, particu6 larly regarding successful nonviolent campaigns to 

7 oust dictatorships. 

8 (3) Narratives relating to the importance of the 

9 establishment of and respect for fundamental free10 doms. 

11 (4) Major human rights reports by the United 

12 States Government or any other documents, ref13 erences, or links to external Internet sites the Sec14 retary or Under Secretary determines appropriate, 

15 including reference to or links to training materials 

16 regarding successful movements in the past, includ17 ing translations of such materials, as appropriate. 

18 SEC. 617. PROGRAMS BY UNITED STATES MISSIONS IN FOR19 EIGN COUNTRIES AND ACTIVITIES OF CHIEFS 

20 OF MISSION. 

21 (a) DEVELOPMENT OF PROGRAMS TO PROMOTE DE22 MOCRACY IN FOREIGN COUNTRIES.—Each chief of mis23 sion in each foreign country categorized as nondemocratic 

24 in the most recent Annual Report on Democracy, with the 
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1 assistance of the director of the relevant Regional Hub, 

2 shall— 

3 (1) develop, as part of annual program plan4 ning, a strategy to promote democracy in each such 

5 foreign country and to provide visible and material 

6 support to individuals and nongovernmental organi7 zations in each such country that are committed to 

8 democratic principles, practices, and values, such 

9 as— 

10 (A) consulting and coordinating with such 

11 individuals and organizations regarding the pro12 motion of democracy; 

13 (B) visiting local landmarks and other 

14 local sites associated with nonviolent protest in 

15 support of democracy and freedom from oppres16 sion; 

17 (C) holding periodic public meetings with 

18 such individuals and organizations to discuss 

19 democracy and political, social, and economic 

20 freedoms; 

21 (D) issuing public condemnation of severe 

22 violations of internationally recognized human 

23 rights (as such term is described in section 

24 116(a) of the Foreign Assistance Act of 1961 

25 (22 U.S.C. 2151n(a)), violations of religious 
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1 freedom, including particularly severe violations 

2 of religious freedom (as such terms are defined 

3 in paragraphs (11) and (13) of section 3 of the 

4 International Religious Freedom Act of 1998 

5 (22 U.S.C. 6402)), political repression, and 

6 government-tolerated or -condoned trafficking 

7 in persons; and 

8 (E) providing technical, financial, and such 

9 other support to such individuals and organiza10 tions; 

11 (2) hold ongoing discussions with the leaders of 

12 each such nondemocratic country regarding a transi13 tion to full democracy and the development of polit14 ical, social, and economic freedoms and respect for 

15 human rights, including freedom of religion or belief, 

16 in such country; and 

17 (3) conduct meetings with civil society, inter18 views with media that can directly reach citizens of 

19 each such country, and discussions with students 

20 and young people of each such country regarding a 

21 transition to democracy and the development of po22 litical, social, and economic freedoms in each such 

23 country. 

24 (b) PUBLIC OUTREACH IN FOREIGN COUNTRIES.— 

25 Each chief of mission or principal officer should spend 
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1 time at universities and other institutions of higher learn2 ing to— 

3 (1) debate and discuss values and policies that 

4 promote democracy; and 

5 (2) communicate, promote, and defend such 

6 United States values and policies. 

7 (c) ACCESS TO UNITED STATES MISSIONS.—The 

8 Secretary is encouraged to allow access to a United States 

9 diplomatic or consular mission in each foreign country cat10 egorized as a democratic transition country or as non11 democratic in the most recent Annual Report on Democ12 racy by individuals and representatives of nongovern13 mental organizations in each such country who are com14 mitted to democratic principles, practices, and values in 

15 each such country. 

16 SEC. 618. TRAINING FOR FOREIGN SERVICE OFFICERS. 

17 (a) TRAINING IN DEMOCRACY AND THE PROMOTION

18 OF DEMOCRACY AND HUMAN RIGHTS.—Section 708 of 

19 the Foreign Service Act of 1980 (22 U.S.C. 4028) is 

20 amended by adding at the end the following new sub21 section: 

22 ‘‘(c) TRAINING ON GLOBAL DEMOCRACY PRO23 MOTION.— 

24 ‘‘(1) IN GENERAL.—In addition to the training 

25 required under subsections (a) and (b), the Sec-
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1 retary of State, in cooperation with other relevant 

2 officials, including the Under Secretary of State for 

3 Democracy and Global Affairs, and the Director of 

4 the National Foreign Affairs Training Center of the 

5 Foreign Service Institute of the Department of 

6 State, shall establish as part of the training provided 

7 after December 31, 2006, for members of the Serv8 ice, including all chiefs of mission and deputy chiefs 

9 of mission, instruction in how to strengthen and pro10 mote democracy through peaceful means in consulta11 tion with individuals and nongovernmental organiza12 tions that support democratic principles, practices, 

13 and values. In particular, such instruction shall be 

14 mandatory for members of the Service having re15 porting or other responsibilities relating to internal 

16 political developments and human rights, including 

17 religious freedom, in nondemocratic countries or 

18 democratic transition countries as categorized in the 

19 most recent Annual Report on Democracy as re20 quired under section 612(a) of the Advance Demo21 cratic Values, Address Nondemocratic Countries, 

22 and Enhance Democracy Act of 2005, including for 

23 chiefs of mission and deputy chiefs of mission, and 

24 shall be completed before the time that such member 

25 or chief of mission assumes a post (or, if such is not 
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1 practical, within the first year of assuming such 

2 post). 

3 ‘‘(2) CONTENTS OF TRAINING.—The training 

4 required under paragraph (1) shall include instruc5 tion, a training manual, and other materials regard6 ing the following: 

7 ‘‘(A) International documents and United 

8 States policy regarding electoral democracy and 

9 respect for human rights. 

10 ‘‘(B) United States policy regarding the 

11 promotion and strengthening of democracy 

12 around the world, with particular emphasis on 

13 the transition to democracy in nondemocratic 

14 countries. 

15 ‘‘(C) For any member, chief of mission, or 

16 deputy chief of mission who is to be assigned to 

17 a foreign country that is categorized as non18 democratic in the Annual Report on Democ19 racy, instruction regarding ways to promote de20 mocracy in such country and providing tech21 nical, financial, and other support to individuals 

22 (including expatriated citizens) and nongovern23 mental organizations in such country that sup24 port democratic principles, practices, and val25 ues. 
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1 ‘‘(D) The protection of internationally rec2 ognized human rights (including the protection 

3 of religious freedom) and standards related to 

4 such rights, provisions of United States law re5 lated to such rights, diplomatic tools to promote 

6 respect for such rights, the protection of indi7 viduals who have fled their countries due to vio8 lations of such rights (including the role of 

9 United States embassies in providing access to 

10 the United States Refugee Admissions Pro11 gram) and the relationship between respect for 

12 such rights and democratic development and 

13 national security. The Director of the National 

14 Foreign Affairs Training Center of the Foreign 

15 Service Institute of the Department of State 

16 shall consult with nongovernmental organiza17 tions involved in the protection and promotion 

18 of such rights and the United States Commis19 sion on International Religious Freedom (estab20 lished under section 201(a) of the International 

21 Religious Freedom Act of 1998 (22 U.S.C. 

22 6431(a)) in developing the training required by 

23 this subparagraph.’’. 

24 (b) OTHER TRAINING.—The Secretary of State shall 

25 ensure that the training described in subsection (a) is pro-
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1 vided to members of the civil service who are assigned in 

2 the United States or abroad who have reporting or other 

3 responsibilities relating to internal political developments 

4 and human rights in countries that are categorized as 

5 democratic transition countries or nondemocratic in the 

6 Annual Report on Democracy required under section 

7 612(a). 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as may be 

10 necessary to develop appropriate programs and materials 

11 to accomplish the training required under subsection (c) 

12 of section 708 of the Foreign Service Act of 1980 (22 

13 U.S.C. 4028), as added by subsection (a). 

14 (d) CLERICAL AMENDMENTS.—Section 708 of the 

15 Foreign Service Act of 1980, as amended by subsection 

16 (a), is further amended— 

17 (1) in subsection (a) by striking ‘‘(a) The’’ and 

18 inserting ‘‘(a) TRAINING ON HUMAN RIGHTS.— 

19 The’’; and 

20 (2) in subsection (b) by striking ‘‘(b) The’’ and 

21 inserting ‘‘(b) TRAINING ON REFUGEE LAW AND

22 RELIGIOUS PERSECUTION.—The’’. 
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1 SEC. 619. PERFORMANCE PAY; PROMOTIONS; FOREIGN 

2 SERVICE AWARDS. 

3 (a) PERFORMANCE PAY.—Section 405(d) of the For4 eign Service Act of 1980 (22 U.S.C. 3965(d)) is amended 

5 by inserting after the second sentence the following new 

6 sentence: ‘‘Meritorious or distinguished service in the pro7 motion of democracy in foreign countries, including con8 tact with and support of individuals and nongovernmental 

9 organizations that promote democracy in a foreign country 

10 categorized as nondemocratic in the most recent Annual 

11 Report on Democracy (as required under section 612(a) 

12 of the Advance Democratic Values, Address Nondemo13 cratic Countries, and Enhance Democracy Act of 2005), 

14 shall also serve as a basis for granting awards under this 

15 section.’’. 

16 (b) PROMOTIONS.—Section 603(b) of the Foreign 

17 Service Act of 1980 (22 U.S.C. 4003(b)) is amended by 

18 adding at the end the following new sentence: ‘‘Precepts 

19 for selection boards shall also, where applicable, include 

20 an evaluation of whether members of the Service and 

21 members of the Senior Foreign Service have met the 

22 standards of performance established by the Secretary 

23 pursuant to section 619(c) of the Advance Democratic 

24 Values, Address Nondemocratic Countries, and Enhance 

25 Democracy Act of 2005, or have served in a position in 
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1 which the primary responsibility is to monitor or promote 

2 democracy or human rights.’’. 

3 (c) REGULATIONS AND EVALUATIONS CONCERNING

4 STANDARDS OF PERFORMANCE AND PROGRAMS TO PRO5 MOTE DEMOCRACY.—With respect to members of the For6 eign Service, including all chiefs of mission, who are as7 signed to foreign countries categorized as nondemocratic 

8 in the most recent Annual Report on Democracy, the Sec9 retary shall prescribe regulations concerning the standards 

10 of performance to be met under sections 405(d) and 

11 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 

12 3965(d) and 4003(b)), as amended by subsections (a) and 

13 (b), respectively, and the development of programs to pro14 mote democracy in foreign countries under section 617. 

15 The requirements of sections 617 and 618(a) shall serve 

16 as one of the bases for performance criteria in evaluating 

17 chiefs of mission and those officers serving in a position 

18 in which the primary responsibility is to monitor or pro19 mote democracy or human rights. 

20 (d) FOREIGN SERVICE AWARDS.—Section 614 of the 

21 Foreign Service Act of 1980 (22 U.S.C. 4013) is amended 

22 by adding at the end the following new sentence: ‘‘Distin23 guished or meritorious service in the promotion of democ24 racy in foreign countries, including contact with and sup25 port of individuals and nongovernmental organizations 
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1 that promote democracy in a foreign country categorized 

2 as nondemocratic in the most recent Annual Report on 

3 Democracy (as required under section 612(a) of the Ad4 vance Democratic Values, Address Nondemocratic Coun5 tries, and Enhance Democracy Act of 2005), shall also 

6 serve as a basis for granting awards under this section.’’. 

7 SEC. 620. APPOINTMENTS. 

8 (a) CHIEFS OF MISSION.—Section 304(a)(1) of the 

9 Foreign Service Act of 1980 (22 U.S.C. 3944(a)(1)) is 

10 amended by adding at the end the following new sentence: 

11 ‘‘If the country in which the individual is to serve is cat12 egorized as nondemocratic in the most recent Annual Re13 port on Democracy (as required under section 612(a) of 

14 the Advance Democratic Values, Address Nondemocratic 

15 Countries, and Enhance Democracy Act of 2005), the in16 dividual should possess clearly demonstrated competence 

17 in and commitment to the promotion of democracy in such 

18 country, including competence in promoting democratic 

19 principles, practices, and values through regular inter20 action with individuals, including students and young peo21 ple within such country, who support and advocate such 

22 principles, practices, and values.’’. 

23 (b) REPORT TO CONGRESS.—Section 304(b) of such 

24 Act (22 U.S.C. 3944(b)) is amended by adding at the end 

25 the following new paragraph: 
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1 ‘‘(3) If an individual (with respect to section 

2 302(a)) or a member of the Service (with respect to 

3 section 302(b)) is nominated by the President to be 

4 a chief of mission in a country categorized as non5 democratic in an Annual Report on Democracy (re6 quired under section 612(a) of the Advance Demo7 cratic Values, Address Nondemocratic Countries, 

8 and Enhance Democracy Act of 2005), and if such 

9 individual or such member has previously served as 

10 chief of mission in a country that was so cat11 egorized, the President shall, at the time of nomina12 tion, submit to the Committee on Foreign Relations 

13 of the Senate a written report summarizing the ac14 tions that such individual or member took during 

15 the period of such prior service to promote democ16 racy and human rights in such country, including 

17 actions in furtherance of the strategy contained in 

18 such report.’’. 

19 Subtitle B—Alliances With Other 

20 Democratic Countries 

21 SEC. 631. ALLIANCES WITH OTHER DEMOCRATIC COUN22 TRIES. 

23 (a) FINDING.—Congress finds that it is in the na24 tional interest of the United States, including for humani25 tarian, economic, social, political, and security reasons, to 
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1 forge alliances with democratic countries to work together 

2 to promote and protect— 

3 (1) shared democratic principles, practices, and 

4 values; and 

5 (2) political, social, and economic freedoms 

6 around the world. 

7 (b) PURPOSES.—The purposes of this subtitle are to 

8 encourage new ways of forging alliances with democratic 

9 countries in order to— 

10 (1) promote and protect democratic principles, 

11 practices, and values, including the right to free, 

12 fair, and open elections, secret balloting, and uni13 versal suffrage; 

14 (2) promote and protect fundamental shared 

15 political, social, and economic freedoms, including 

16 the freedoms of association, of expression, of the 

17 press, of religion, and to own private property; 

18 (3) promote and protect respect for the rule of 

19 law; 

20 (4) develop, adopt, and pursue strategies to ad21 vance common interests in international organiza22 tions and multilateral institutions to which members 

23 of the alliance of democratic countries belong; and 
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1 (5) provide political, economic, and other nec2 essary support to countries that are undergoing a 

3 transition to democracy. 

4 (c) SENSE OF CONGRESS REGARDING PARTICIPA5 TION.—It is the sense of Congress that any foreign coun6 try that is categorized as nondemocratic in the most recent 

7 Annual Report on Democracy under section 612(a) should 

8 not participate in any alliance of democratic countries 

9 aimed at working together to promote democracy. 

10 SEC. 632. SENSE OF CONGRESS REGARDING THE ESTAB11 LISHMENT OF A DEMOCRACY CAUCUS. 

12 (a) FINDINGS.—Congress finds that with the passage 

13 of the Intelligence Reform and Terrorism Prevention Act 

14 of 2004 (Public Law 108–458), Congress— 

15 (1) encouraged the establishment of a Democ16 racy Caucus within the United Nations, the United 

17 Nations Human Rights Commission, the United Na18 tions Conference on Disarmament, and at other 

19 broad-based international organizations; and 

20 (2) required increased training in multilateral 

21 diplomacy for members of the Foreign Service and 

22 appropriate members of the Civil Service to support 

23 such an establishment. 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that the creation of a Democracy Caucus in each 
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1 international organization and multilateral institution of 

2 which the United States is a member will not only improve 

3 the internal governance of such organizations but will also 

4 strengthen the implementation of commitments by such 

5 organizations and institutions regarding democracy and 

6 human rights. 

7 SEC. 633. ANNUAL DIPLOMATIC MISSIONS ON MULTILAT8 ERAL ISSUES. 

9 The Secretary of State, acting through the principal 

10 officers responsible for advising the Secretary on inter11 national organizations, should ensure that a high level del12 egation from the United States is sent on an annual basis 

13 to consult with key foreign governments in every region 

14 to promote United States policies, including issues related 

15 to democracy and human rights, at key international fora, 

16 including the United Nations General Assembly, the 

17 United Nations Human Rights Commission or other mul18 tilateral human rights body, the Organization for Security 

19 and Cooperation in Europe, and the United Nations Edu20 cation, Science, and Cultural Organization. 

21 SEC. 634. STRENGTHENING THE COMMUNITY OF DEMOC22 RACIES. 

23 (a) FORMAL MECHANISMS FOR THE COMMUNITY OF

24 DEMOCRACIES.—It is the sense of Congress that the Com25 munity of Democracies should develop a more formal 
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1 mechanism for carrying out work between ministerial 

2 meetings, including hiring appropriate staff to carry out 

3 such work, and should, as appropriate, establish a head4 quarters. 

5 (b) DETAIL OF PERSONNEL.—The Secretary is au6 thorized to detail on a nonreimbursable basis any em7 ployee of the Department of State to any country that is 

8 a member of the Convening Group of the Community of 

9 Democracies. 

10 (c) REGIONAL GROUP IN THE COMMUNITY OF DE11 MOCRACIES.—It is the sense of Congress that regional 

12 groups within the Community of Democracies should be 

13 established and strengthened in order to facilitate coordi14 nation of common positions and action on multilateral 

15 strategies to promote and consolidate democracy. 

16 (d) INTERNATIONAL CENTER FOR DEMOCRATIC

17 TRANSITION.— 

18 (1) SENSE OF CONGRESS.—It is the sense of 

19 Congress that the United States should, along with 

20 contributions from private individuals, support the 

21 initiative of the Government of Hungary and the 

22 governments of other European countries to estab23 lish a International Center for Democratic Transi24 tion to support transitions to full democracy. 
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1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated for a grant 

3 to the International Center for Democratic Transi4 tion $1,000,000 for each of fiscal years 2006, 2007, 

5 and 2008. Amounts appropriated under this para6 graph shall remain available until expended. 

7 (3) USE OF FUNDS.—Any grant made in fiscal 

8 year 2006 by the Secretary to the International Cen9 ter for Democratic Transition under paragraph (2) 

10 may be used for the establishment and operation of 

11 the Center and for programs and activities of the 

12 Center. Any grant or voluntary contribution made in 

13 any subsequent fiscal year by the Secretary to the 

14 Center under such paragraph may be used for pro15 grams and activities of the Center. 

16 Subtitle C—Funding for Promotion 

17 of Democracy 

18 SEC. 641. POLICY. 

19 It shall be the policy of the United States to provide 

20 financial assistance to eligible entities and eligible individ21 uals in order to assist such entities and individuals in the 

22 promotion of democracy in countries categorized as non23 democratic in the most recent Annual Report on Democ24 racy under section 612(a). 
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1 SEC. 642. HUMAN RIGHTS AND DEMOCRACY FUND. 

2 (a) PURPOSES OF THE HUMAN RIGHTS AND DEMOC3 RACY FUND.—In addition to uses currently approved for 

4 the Human Rights and Democracy Fund, the Secretary 

5 of State, acting through the Assistant Secretary of State 

6 for Democracy, Human Rights, and Labor shall use 

7 amounts appropriated to the Human Rights and Democ8 racy Fund under subsection (e) to provide assistance to 

9 eligible entities and eligible individuals to promote democ10 racy in foreign countries categorized as nondemocratic in 

11 the most recent Annual Report on Democracy under sec12 tion 612(a). The promotion of democracy in such coun13 tries for which such assistance may be provided may in14 clude the following activities: 

15 (1) The publication and distribution of books 

16 and the creation and distribution of other media re17 lating to information about current events in such 

18 country and educational programming designed to 

19 provide information regarding democracy, the rule of 

20 law, free, fair and open elections, free market eco21 nomics, fundamental human rights (including the 

22 rights of freedom of speech and of religion and the 

23 rights to be free from slavery and bondage), and 

24 successful democratic movements in history, includ25 ing educational programs for leaders and members 

26 of democratic movements to convey information to 
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1 such individuals regarding the means of nonviolent 

2 force and the methods of nonviolent action. 

3 (2) The translation into languages spoken in 

4 such countries of relevant programming and existing 

5 books, videos, and other publications relating to the 

6 subjects specified in paragraph (1). 

7 (3) The promotion of political pluralism and the 

8 rule of law within such countries, including the pro9 motion of nongovernmental organizations and move10 ments that promote democratic principles, practices, 

11 and values. 

12 (4) The creation of programs for student 

13 groups to work with citizens of such countries who 

14 are committed to democratic reforms and to the pro15 motion of a transition to democracy. 

16 (5) The creation of training programs for citi17 zens of such countries concerning international legal 

18 obligations to support democracy and human rights, 

19 including religious freedom. 

20 (6) Support for nongovernmental organizations 

21 which have experience with the Community of De22 mocracies to assist the Community of Democracies 

23 and its Convening Group. 

24 (b) FREEDOM INVESTMENT ACT OF 2002.—Section 

25 664(b) of the Freedom Investment Act of 2002 (subtitle 
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1 E of title VI of Public Law 107–228; relating to the pur2 poses of the Human Rights and Democracy Fund) is 

3 amended— 

4 (1) in paragraph (4), by striking ‘‘and’’ at the 

5 end; 

6 (2) by redesignating paragraph (5) as para7 graph (6); 

8 (3) by inserting after paragraph (4) the fol9 lowing new paragraph: 

10 ‘‘(5) to support the study of democracy abroad, 

11 including support for debates and discussions at aca12 demic institutions, regarding the values and benefits 

13 of democracy; and’’; and 

14 (4) in paragraph (6), as redesignated by para15 graph (2) of this subsection, by striking ‘‘(4)’’ and 

16 inserting ‘‘(5)’’. 

17 (c) ADMINISTRATIVE AUTHORITIES.—Assistance pro18 vided through the Human Rights and Democracy Fund 

19 may be provided to eligible entities and eligible individuals 

20 in foreign countries notwithstanding any provision of law 

21 that prohibits assistance to a foreign country or to a gov22 ernment of a foreign country. 

23 (d) ANNUAL REPORT ON THE STATUS OF THE

24 HUMAN RIGHTS AND DEMOCRACY FUND.—Not later than 

25 60 days after the conclusion of each fiscal year, the Assist-
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1 ant Secretary of State for Democracy, Human Rights, and 

2 Labor shall submit to the appropriate congressional com3 mittees an annual report on the status of the Human 

4 Rights and Democracy Fund. Each such annual report 

5 shall contain the following information: 

6 (1) An identification of each eligible entity and 

7 eligible individual who received assistance during the 

8 previous fiscal year under subsection (b) and a sum9 mary of the activities of each such recipient. 

10 (2) An account of projects funded and outside 

11 contributions received during the previous fiscal 

12 year. 

13 (3) A balance sheet of income and outlays cur14 rent as of the conclusion of the fiscal year to which 

15 such report is relevant. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) IN GENERAL.—Of the funds available to 

18 carry out chapter 4 of Part II of the Foreign Assist19 ance Act of 1961 for each of fiscal years 2006 and 

20 2007, there are authorized to be appropriated to the 

21 Human Rights and Democracy Fund to carry out 

22 the purposes of this section $50,000,000 for fiscal 

23 year 2006 and $60,000,000 for fiscal year 2007. 

24 Amounts appropriated under this section shall re25 main available until expended. 
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1 (2) ADMINISTRATIVE EXPENSES.—Not more 

2 than five percent of amounts appropriated to the 

3 Human Rights and Democracy Fund for each fiscal 

4 year may be applied toward administrative expenses 

5 associated with carrying out this section. 

6 (3) CONTRIBUTIONS.—The Secretary may ac7 cept contributions to the Human Rights and Democ8 racy Fund from the governments of other demo9 cratic countries, private foundations, private citizens, 

10 and other nongovernmental sources. 

11 Subtitle D—Presidential Actions 

12 SEC. 651. INVESTIGATION OF VIOLATIONS OF INTER13 NATIONAL HUMANITARIAN LAW. 

14 (a) IN GENERAL.—The President, with the assist15 ance of the Secretary of State, the Under Secretary of 

16 State for Democracy and Global Affairs, and the Ambas17 sador-at-Large for War Crimes Issues, shall collect infor18 mation regarding incidents that may constitute crimes 

19 against humanity, genocide, slavery, or other violations of 

20 international humanitarian law by leaders or other govern21 ment officials of foreign countries categorized as nondemo22 cratic or as democratic transition countries in the most 

23 recent Annual Report on Democracy under section 612(a). 

24 (b) ACCOUNTABILITY.—The President shall consider 

25 what actions can be taken to ensure that such leaders or 
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1 other government officials of foreign countries who are 

2 identified in accordance with subsection (a) as responsible 

3 for crimes against humanity, genocide, slavery, or other 

4 violations of international humanitarian law are brought 

5 to account for such crimes in an appropriately constituted 

6 tribunal. 

7 SEC. 652. PRESIDENTIAL COMMUNICATIONS. 

8 (a) FINDING.—Congress finds that direct commu9 nications from the President to citizens of countries that 

10 are categorized as nondemocratic in the most recent An11 nual Report on Democracy would be extremely beneficial 

12 to demonstrate that the United States supports such citi13 zens and the efforts and actions of such citizens to pro14 mote and achieve transition to democracy in such coun15 tries. 

16 (b) SENSE OF CONGRESS.—It is the sense of Con17 gress that— 

18 (1) from time to time as the President shall de19 termine appropriate, the President should broadcast 

20 a message to the citizens of countries categorized as 

21 nondemocratic in the most recent Annual Report on 

22 Democracy under section 612(a) expressing the sup23 port of the United States for such citizens, dis24 cussing democratic principles, practices, and values, 

25 and political, social, and economic freedoms, and 
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1 condemning violations of internationally recognized 

2 human rights (as such term is described in section 

3 116(a) of the Foreign Assistance Act of 1961 (22 

4 U.S.C. 2151n(a))), violations of religious freedom, 

5 including particularly severe violations of religious 

6 freedom (as such terms are defined in paragraphs 

7 (11) and (13) of section 3 of the International Reli8 gious Freedom Act of 1998 (22 U.S.C. 6402)), polit9 ical repression, and government-tolerated or con10 doned trafficking in persons that occur in such coun11 try; and 

12 (2) the President should encourage leaders of 

13 other democratic countries to make similar broad14 casts. 

15 TITLE VII—STRATEGIC EXPORT 

16 CONTROL AND SECURITY AS17 SISTANCE ACT OF 2005 

18 Subtitle A—General Provisions 

19 SEC. 701. SHORT TITLE. 

20 This title may be cited as the ‘‘Strategic Export Con21 trol and Security Assistance Act of 2005’’. 

22 SEC. 702. DEFINITIONS. 

23 In this title: 
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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on International Rela5 tions and the Committee on Armed Services of 

6 the House of Representatives; and 

7 (B) the Committee on Foreign Relations 

8 and the Committee on Armed Services of the 

9 Senate. 

10 (2) DEFENSE ARTICLES AND DEFENSE SERV11 ICES.—The term ‘‘defense articles and defense serv12 ices’’ has the meaning given the term in section 

13 47(7) of the Arms Export Control Act (22 U.S.C. 

14 2794 note). 

15 (3) DUAL USE.—The term ‘‘dual use’’ means, 

16 with respect to goods or technology, those goods or 

17 technology that are specifically designed or devel18 oped for civil purposes but which also may be used 

19 or deployed in a military or proliferation mode. Such 

20 term does not include purely commercial items. 

21 (4) EXPORT.—The term ‘‘export’’ has the 

22 meaning given that term in section 120.17 of the 

23 International Traffic in Arms Regulations, and in24 cludes re-exports, transfers, and re-transfers by any 

25 means. 
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1 (5) EXPORT ADMINISTRATION REGULATIONS.— 

2 The term ‘‘Export Administration Regulations’’ 

3 means those regulations contained in sections 730 

4 through 774 of title 15, Code of Federal Regulations 

5 (or successor regulations). 

6 (6) FOREIGN GOVERNMENT.—The term ‘‘for7 eign government’’ has the meaning given the term in 

8 section 38(g)(9)(B) of the Arms Export Control Act 

9 (22 U.S.C. 2778(g)(9)(B)). 

10 (7) FOREIGN PERSON.—The term ‘‘foreign per11 son’’ has the meaning given the term in section 

12 38(g)(9)(C) of the Arms Export Control Act (22 

13 U.S.C. 2778(g)(9)(C)). 

14 (8) GOOD.—The term ‘‘good’’ has the meaning 

15 given the term in section 16(3) of the Export Ad16 ministration Act of 1979 (50 U.S.C. App. 2415(3)). 

17 (9) INTERNATIONAL TRAFFIC IN ARMS REGULA18 TIONS.—The term ‘‘International Traffic in Arms 

19 Regulations’’ means those regulations contained in 

20 sections 120 through 130 of title 22, Code of Fed21 eral Regulations (or successor regulations). 

22 (10) ITEM.—The term ‘‘item’’ means any good 

23 or technology, defense article or defense service sub24 ject to the export jurisdiction of the United States 

25 under law or regulation. 
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1 (11) LICENSE.—The term ‘‘license’’ means an 

2 official written document of the United States Gov3 ernment issued pursuant to the Export Administra4 tion Regulations or the International Traffic in 

5 Arms Regulations, as the case may be, authorizing 

6 a specific export. 

7 (12) MISSILE TECHNOLOGY CONTROL REGIME; 

8 MTCR.—The term ‘‘Missile Technology Control Re9 gime’’ or ‘‘MTCR’’ has the meaning given the term 

10 in section 11B(c)(2) of the Export Administration 

11 Act of 1979 (50 U.S.C. App. 2401b(c)(2)). 

12 (13) MISSILE TECHNOLOGY CONTROL REGIME

13 ANNEX; MTCR ANNEX.—The term ‘‘Missile Tech14 nology Control Regime Annex’’ or ‘‘MTCR Annex’’ 

15 has the meaning given the term in section 11B(c)(4) 

16 of the Export Administration Act of 1979 (50 

17 U.S.C. App. 2401b(c)(4)). 

18 (14) PERSON.—The term ‘‘person’’ has the 

19 meaning given the term in section 38(g)(9)(E) of 

20 the Arms Export Control Act (22 U.S.C. 

21 2778(g)(9)(E)). 

22 (15) STRATEGIC EXPORT CONTROL.—The term 

23 ‘‘strategic export control’’ means the control of items 

24 subject to the export jurisdiction of the United 

25 States pursuant to the International Traffic in Arms 
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1 Regulations or the Export Administration Regula2 tions. 

3 (16) TECHNOLOGY.—The term ‘‘technology’’ 

4 has the meaning given the term in section 16(4) of 

5 the Export Administration Act of 1979 (50 U.S.C. 

6 App. 2415(4)). 

7 (17) UNITED STATES MUNITIONS LIST.—The 

8 term ‘‘United States Munitions List’’ means the list 

9 referred to in section 38(a)(1) of the Arms Export 

10 Control Act (22 U.S.C. 2778(a)(1)). 

11 SEC. 703. DECLARATION OF POLICY. 

12 Congress declares that, at a time of evolving threats 

13 and changing relationships with other countries, United 

14 States strategic export controls are in urgent need of a 

15 comprehensive review in order to assure such controls are 

16 achieving their intended purposes of protecting the na17 tional security interests of the United States in the Global 

18 War on Terrorism and of promoting the foreign policy 

19 purposes of the United States, in particular by assuring 

20 that— 

21 (1) export license procedures are properly de22 signed to prioritize readily which exports may be ap23 proved quickly for United States friends and allies 

24 and which require greater scrutiny in order to safe25 guard national interests; 
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1 (2) technology related to the military superi2 ority of the United States Armed Forces is safe3 guarded during and after export to a high level of 

4 confidence; and 

5 (3) overlapping and duplicative functions 

6 among the responsible departments and agencies of 

7 the Government of the United States are consoli8 dated and integrated wherever appropriate in order 

9 to enhance efficiency, information sharing, and the 

10 consistent execution of United States policy. 

11 Subtitle B—Revising and Strength12 ening Strategic Export Control 

13 Policies 

14 SEC. 711. AMENDMENTS TO THE STATE DEPARTMENT 

15 BASIC AUTHORITIES ACT OF 1956. 

16 (a) UNDER SECRETARY FOR ARMS CONTROL AND

17 INTERNATIONAL SECURITY.—Section 1(b)(2) of the State 

18 Department Basic Authorities Act of 1956 (22 U.S.C. 

19 2651a(b)(2)) is amended— 

20 (1) in the first sentence, by striking ‘‘There’’ 

21 and inserting the following: 

22 ‘‘(A) IN GENERAL.—There’’; and 

23 (2) by adding at the end the following new sub24 paragraph: 
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1 ‘‘(B) DUTIES.—The Under Secretary for 

2 Arms Control and International Security shall 

3 be responsible for— 

4 ‘‘(i) coordinating and executing a 

5 United States strategy for strengthening 

6 multilateral export controls; 

7 ‘‘(ii) coordinating the activities of all 

8 bureaus and offices of the Department of 

9 State that have responsibility for export 

10 control policy, licensing, or assistance; and 

11 ‘‘(iii) serving as the chairperson of the 

12 Strategic Export Control Board established 

13 under section 712 of the Strategic Export 

14 Control and Security Assistance Act of 

15 2005.’’. 

16 (b) DEPUTY UNDER SECRETARY FOR STRATEGIC

17 EXPORT CONTROL.—Section 1(b)(2) of the State Depart18 ment Basic Authorities Act of 1956 (22 U.S.C. 

19 2651a(b)(2)), as amended by subsection (a), is further 

20 amended by adding at the end the following new subpara21 graph: 

22 ‘‘(C) DEPUTY UNDER SECRETARY FOR

23 STRATEGIC EXPORT CONTROL.—There shall be 

24 in the Department of State a Deputy Under 

25 Secretary for Strategic Export Control who 
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1 shall have primary responsibility to assist the 

2 Under Secretary for Arms Control and Inter3 national Security in carrying out the responsi4 bility of the Under Secretary described in sub5 paragraph (B)(iii).’’. 

6 (c) DEFENSE TRADE CONTROLS REGISTRATION

7 FEES.—Section 45 of the State Department Basic Au8 thorities Act of 1956 (22 U.S.C. 2717) is amended— 

9 (1) in paragraph (2), by striking ‘‘and’’ at the 

10 end; 

11 (2) in paragraph (3), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following new 

14 paragraph: 

15 ‘‘(4) functions of the Strategic Export Control 

16 Board established under section 712 of the Strategic 

17 Export Control and Security Assistance Act of 

18 2005.’’. 

19 SEC. 712. STRATEGIC EXPORT CONTROL BOARD. 

20 (a) ESTABLISHMENT.—There is established a Stra21 tegic Export Control Board (in this section referred to as 

22 the ‘‘Board’’). The Board shall consist of representatives 

23 from the Department of Commerce, the Department of 

24 Defense, the Department of Homeland Security, the De25 partment of Justice, the National Security Council, the 
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1 intelligence community (as defined in section 3(4) of the 

2 National Security Act of 1947 (50 U.S.C. 401a(4)), and 

3 other appropriate departments and agencies of the Gov4 ernment of the United States, and the Under Secretary 

5 for Arms Control and International Security of the De6 partment of State. The Under Secretary for Arms Control 

7 and International Security shall serve as the chairperson 

8 of the Board. 

9 (b) FUNCTIONS.—The Board shall— 

10 (1) conduct a comprehensive review of United 

11 States strategic export controls in the context of the 

12 Global War on Terrorism in order to strengthen con13 trols by regulation, where appropriate, and to formu14 late legislative proposals for any new authorities that 

15 are needed for counter-terrorism purposes; 

16 (2) develop a strategy for ensuring a high level 

17 of confidence in the export control of any items im18 portant to the current and future military superi19 ority of the United States Armed Forces, including 

20 in particular the security of sensitive software 

21 through the use of tamper-resistant security soft22 ware and other emerging technologies; 

23 (3) design standards and best practices for in24 formation assurance and protection for the robust 

25 information technology systems, such as virtual pri-
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1 vate networks, already utilized by United States de2 fense firms in the conduct of their export control 

3 regulated activities with foreign partners, which can 

4 also gain the support of United States friends and 

5 allies; 

6 (4) formulate, with the assistance of the United 

7 States defense industry and the support of United 

8 States friends and allies, an automated international 

9 delivery confirmation system for commercial ship10 ments of lethal and other high risk items in order 

11 to afford improved protection against attempts to 

12 disrupt international supply chains or to divert sen13 sitive items to gray arms markets; 

14 (5) prepare recommendations for the President 

15 and Congress, as appropriate, with respect to— 

16 (A) the consolidation of overlapping or du17 plicative functions among the responsible de18 partments and agencies of the Government of 

19 the United States in such areas as enforcement, 

20 end use monitoring, export licensing, watch 

21 lists, and related areas; 

22 (B) the cost-savings associated with inte23 gration of export licensing staffs and the pro24 mulgation of integrated export control regula25 tions; and 
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1 (C) the resultant rationalization of budg2 etary resources to be authorized among the re3 sponsible departments and agencies of the 

4 United States Government; 

5 (6) establish the necessary departmental and 

6 inter-agency controls that will ensure legitimate ex7 ports by United States business organizations can be 

8 readily identified and generally approved within 10 

9 days, but no later than 30 days in more complex 

10 cases, except in unusual circumstances, such as 

11 those requiring congressional notification or foreign 

12 government assurances; 

13 (7) review and revise, where appropriate, plans 

14 for modernizing information technology systems of 

15 the relevant departments and agencies of the Gov16 ernment of the United States involved in export li17 censing, export enforcement, and screening of in18 volved private parties to ensure efficient, reliable, 

19 and secure intra-governmental networks, at the ear20 liest practicable date among the relevant depart21 ments and agencies and United States exporters; 

22 and 

23 (8) develop a strategy for strengthening the 

24 multilateral control regimes or developing new re-
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1 gimes, as appropriate, to augment or supplement ex2 isting international arrangements. 

3 (c) REPORT BY COMPTROLLER GENERAL.—Not later 

4 than one year, two years, and three years after the date 

5 of the enactment of this Act, the Comptroller General of 

6 the United States shall submit to the appropriate congres7 sional committees a report that contains— 

8 (1) an independent assessment of progress 

9 made by the Board in carrying out its functions 

10 under paragraphs (1) through (8) of subsection (b); 

11 (2) the budgetary impact of each of the rec12 ommendations prepared under subsection (b)(5) and 

13 any additional recommendations prepared by the 

14 Comptroller General and the budgetary impact of 

15 such recommendations; and 

16 (3) a certification as to whether the Comp17 troller General had access to sufficient information 

18 to enable the Comptroller General to make informed 

19 judgments on the matters covered by the report. 

20 SEC. 713. AUTHORIZATION FOR ADDITIONAL LICENSE AND 

21 COMPLIANCE OFFICERS. 

22 (a) FUNDING.—Of the amounts authorized to be ap23 propriated under section 101 of this Act, up to 

24 $13,000,000 shall be available for each of the fiscal years 

25 2006 and 2007 for salaries and expenses related to the 
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1 assignment of additional full time license and compliance 

2 officers in the Directorate of Defense Trade Controls of 

3 the Department of State. 

4 (b) NOTIFICATION.—None of the funds authorized 

5 under subsection (a) may be made available until 15 days 

6 after the date on which the Secretary of State submits 

7 a written report to the congressional committees specified 

8 in section 634A(a) of the Foreign Assistance Act of 1961 

9 (22 U.S.C. 2394–1(a)) in accordance with the procedures 

10 applicable to reprogramming notifications under such sec11 tion, which sets forth the plans and timetable of the De12 partment of State for measurable improvements in the 

13 quality and timeliness of the service it provides in support 

14 of United States Armed Forces abroad and routine ex15 ports by United States business organizations, as well as 

16 for the elaboration of enhanced compliance measures ap17 propriate to the heightened security environment for arms 

18 exports during the Global War on Terrorism. 

19 Subtitle C—Procedures Relating to 

20 Export Licenses 

21 SEC. 721. TRANSPARENCY OF JURISDICTIONAL DETER22 MINATIONS. 

23 (a) DECLARATION OF POLICY.—Congress declares 

24 that the complete confidentiality surrounding several thou25 sand commodity classification determinations made each 
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1 year by the Department of Commerce pursuant to the Ex2 port Administration Regulations and several hundred 

3 commodity jurisdiction determinations made each year by 

4 the Department of State pursuant to the International 

5 Traffic in Arms Regulations is not necessary to protect 

6 legitimate proprietary interests of persons or their prices 

7 and customers, is not in the best interests of the security 

8 and foreign policy interests of the United States, is incon9 sistent with the need to ensure a level playing field for 

10 United States exporters, and detracts from United States 

11 efforts to promote greater transparency and responsibility 

12 by other countries in their export control systems. 

13 (b) PUBLICATION REQUIREMENT.—The Secretary of 

14 Commerce and the Secretary of State shall— 

15 (1) upon making a commodity classification de16 termination or a commodity jurisdiction classifica17 tion, as the case may be, referred to in subsection 

18 (a) in response to a request by a private person, 

19 publish in the Federal Register, not later than 30 

20 days after the date of the determination— 

21 (A) a description of the item, including 

22 performance levels or other technical character23 istics where appropriate; 

24 (B) an explanation of whether the item is 

25 controlled under the International Traffic in 
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1 Arms Regulations or the Export Administration 

2 Regulations; and 

3 (C) the United States Munitions List des4 ignation or export control classification number 

5 under which the item has been designated or 

6 classified, as the case may be, 

7 except that the name of the name of the person, the 

8 person’s business organization, customers, or prices 

9 are not required to be published; and 

10 (2) maintain on their respective Internet 

11 websites an archive, that is accessible to the general 

12 public and other departments and agencies of the 

13 United States, of the determinations published in 

14 the Federal Register under paragraph (1). 

15 (c) REPORT.—Not later than 120 days after the date 

16 of the enactment of this Act, the Secretary of State and 

17 the Secretary of Commerce shall submit to the appropriate 

18 congressional committees a joint report that contains a de19 scription of the plans to implement the requirements of 

20 this section. 

21 (d) REQUIREMENT.—Notwithstanding any other pro22 vision of law, beginning 180 days after the date of the 

23 enactment of this Act, the Secretary of Commerce may 

24 make a commodity classification determination referred to 

25 in subsection (a), and the Secretary of State may make 
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1 a commodity jurisdiction determination referred to in sub2 section (a), in response to a request by a private person 

3 only in accordance with the requirements of subsection 

4 (b). 

5 SEC. 722. CERTIFICATIONS RELATING TO EXPORT OF CER6 TAIN DEFENSE ARTICLES AND DEFENSE 

7 SERVICES. 

8 (a) REPORTS ON COMMERCIAL AND GOVERNMENTAL

9 MILITARY EXPORTS; CONGRESSIONAL ACTION.—Section 

10 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)) 

11 is amended— 

12 (1) in the first sentence of paragraph (1), by 

13 inserting after ‘‘$1,000,000 or more’’ the following: 

14 ‘‘, or, notwithstanding section 27(g) of this Act, for 

15 any special comprehensive authorization under sec16 tions 120–130 of title 22, Code of Federal Regula17 tions (commonly known as the ‘International Traffic 

18 in Arms Regulations’) for the export of defense arti19 cles or defense services in an aggregate amount of 

20 $100,000,000 or more’’; 

21 (2) in paragraph (2)— 

22 (A) in subparagraph (A), by adding ‘‘and’’ 

23 at the end; 

24 (B) by striking subparagraph (B); and 
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1 (C) by redesignating subparagraph (C) as 

2 subparagraph (B); and 

3 (3) in the matter preceding subparagraph (A) 

4 of paragraph (5), by inserting ‘‘or paragraph (2)’’ 

5 after ‘‘paragraph (1)’’. 

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that the Department of State should revise its proce8 dures in order to improve the timeliness and quality of 

9 service it is providing to United States exporters con10 cerning matters requiring notification to Congress under 

11 sections 3 and 36 of the Arms Export Control Act (22 

12 U.S.C. 2753 and 2776) by— 

13 (1) expediting its internal and interagency proc14 esses such that consultations with the Committee on 

15 International Relations of the House of Representa16 tives and the Committee on Foreign Relations of the 

17 Senate commence not later than 30 days following 

18 receipt of a proposal requiring notification; 

19 (2) providing informal notice to such Commit20 tees within 10 days of receipt of such a proposal, 

21 such that questions by the Committees may be ad22 dressed wherever feasible in conjunction with the 

23 Department’s processing; and 
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1 (3) making each interval in the processing of 

2 the proposal transparent to United States exporters 

3 through the Internet website of the Department. 

4 SEC. 723. PRIORITY FOR UNITED STATES MILITARY OPER5 ATIONS. 

6 The Secretary of State may not accord higher priority 

7 in the adjudication of munitions export licenses to any 

8 measure included within the ‘‘Defense Trade Security Ini9 tiative’’ announced by the Department of State in May 

10 2000 over the processing of licenses in support of Oper11 ation Enduring Freedom, Operation Iraqi Freedom, or 

12 any other military operation involving the United States 

13 Armed Forces. 

14 SEC. 724. LICENSE OFFICER STAFFING AND WORKLOAD. 

15 Section 36(a) Arms Export Control Act (22 U.S.C. 

16 2776(a)) is amended— 

17 (1) in paragraph (11), by striking ‘‘and’’ at the 

18 end; 

19 (2) in paragraph (12), by striking the period at 

20 the end and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following new 

22 paragraph: 

23 ‘‘(13) a report on the number of civilian and 

24 military officers assigned to munitions export licens-
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1 ing at the Department of State and their average 

2 weekly workload for both open and closed cases.’’. 

3 SEC. 725. DATABASE OF UNITED STATES MILITARY ASSIST4 ANCE. 

5 Section 655 of the Foreign Assistance Act of 1961 

6 (22 U.S.C. 2415) is amended by striking subsection (c) 

7 and inserting the following new subsection: 

8 ‘‘(c) AVAILABILITY OF REPORT INFORMATION ON

9 THE INTERNET.— 

10 ‘‘(1) REQUIREMENT FOR DATABASE.—The Sec11 retary of State, in consultation with the Secretary of 

12 Defense, shall make available to the public the un13 classified portion of each such report in the form of 

14 a database that is available via the Internet and that 

15 may be searched by various criteria. 

16 ‘‘(2) SCHEDULE FOR UPDATING.—Not later 

17 than April 1 of each year, the Secretary of State 

18 shall make available in the database the information 

19 contained in the annual report for the fiscal year 

20 ending the previous September 30.’’. 

21 SEC. 726. TRAINING AND LIAISON FOR SMALL BUSINESSES. 

22 (a) SENSE OF CONGRESS.—It is the sense of Con23 gress that it is increasingly important that the Secretary 

24 of State, in administering the licensing, registration, com25 pliance, and other authorities contained in section 38 of 
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1 the Arms Export Control Act (22 U.S.C. 2778), should 

2 provide up-to-date training and other educational assist3 ance to small businesses in the United States aerospace 

4 and defense industrial sector. 

5 (b) SMALL BUSINESS LIAISON.—Not later than 180 

6 days after the date of the enactment of this Act, the Sec7 retary shall designate, within the Office of Defense Trade 

8 Controls of the Department of State, a coordinator for 

9 small business affairs. The coordinator shall serve as a 

10 liaison for small businesses in the United States aerospace 

11 and defense industrial sector with respect to licensing and 

12 registration requirements in order to facilitate the compli13 ance and other forms of participation by such small busi14 nesses in the United States munitions control system, in15 cluding by providing training, technical assistance, and 

16 through other efforts as may be appropriate. 

17 SEC. 727. COMMERCIAL COMMUNICATIONS SATELLITE 

18 TECHNICAL DATA. 

19 Not later than 180 days after the date of the enact20 ment of this Act, the Secretary of State, in consultation 

21 with the Secretary of Defense, shall amend the Inter22 national Traffic in Arms Regulations to provide for the 

23 export without a license of communications satellite tech24 nical data, at a level established by the Secretary of De25 fense, in instances in which— 
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1 (1) the exporter is a person registered under 

2 section 38(b) of the Arms Export Control Act (22 

3 U.S.C. 2778(b)); 

4 (2) the purpose of the export is to market a 

5 sale of a United States manufactured communica6 tions satellite solely for commercial or civil end use; 

7 (3) no party to the transaction is proscribed 

8 under section 126.1 of the Regulations or otherwise 

9 restricted from receiving United States defense arti10 cles; and 

11 (4) each end user or recipient has agreed in 

12 writing not to reexport or retransfer the United 

13 States furnished technical data to any other person 

14 without the prior written consent of the United 

15 States Government. 

16 SEC. 728. REPORTING REQUIREMENT FOR UNLICENSED EX17 PORTS. 

18 Section 655(b) of the Foreign Assistance Act of 1961 

19 (22 U.S.C. 2415(b)) is amended— 

20 (1) in paragraph (2), by striking ‘‘or’’ at the 

21 end; 

22 (2) in paragraph (3), by striking the period at 

23 the end and inserting ‘‘; or’’; and 

24 (3) by adding at the end the following: 
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1 ‘‘(4) were exported without a license under sec2 tion 38 of the Arms Export Control Act (22 U.S.C. 

3 2778) pursuant to an exemption established under 

4 the International Traffic in Arms Regulations, other 

5 than defense articles exported in furtherance of a 

6 letter of offer and acceptance under the Foreign 

7 Military Sales program or a technical assistance or 

8 manufacturing license agreement, including the spe9 cific exemption provision in the regulation under 

10 which the export was made.’’. 

11 Subtitle D—Terrorist-Related Pro12 visions and Enforcement Mat13 ters 

14 SEC. 731. SENSITIVE TECHNOLOGY TRANSFERS TO FOR15 EIGN PERSONS LOCATED WITHIN THE 

16 UNITED STATES. 

17 (a) WEAPONS TRANSFERS.—Pursuant to regulations 

18 issued under section 38(g)(6) of the Arms Export Control 

19 (22 U.S.C. 2778(g)(6)), the President shall require a li20 cense for the transfer of any defense articles and defense 

21 services, other than a firearm for personal use, specified 

22 in a report required under subsection (c) to a foreign per23 son located within the United States (other than to a for24 eign government, unless such government is proscribed 

25 under section 126.1 of the International Traffic in Arms 
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1 Regulations or otherwise restricted from receiving defense 

2 articles and defense services). 

3 (b) DUAL USE TRANSFERS.—Notwithstanding any 

4 other provision of law, the President may require a license 

5 under the Export Administration Regulations for the 

6 transfer of any dual use goods and technology, other than 

7 a firearm for personal use, specified in a report required 

8 under subsection (c) to a foreign person located within the 

9 United States. 

10 (c) REPORT.—Not later than 180 days after the date 

11 of the enactment of this Act, and annually thereafter, the 

12 Secretary of State, in consultation with the Attorney Gen13 eral and the Secretary of Homeland Security, shall submit 

14 to the appropriate congressional committees a report that 

15 specifies those items which warrant scrutiny and enforce16 ment by the Government of the United States through li17 cense procedures prior to a transfer to a foreign person 

18 located within the United States in order to deter efforts 

19 on the part of such person to acquire such items for ter20 rorist or other unlawful purposes. 

21 SEC. 732. CERTIFICATION CONCERNING EXEMPT WEAPONS 

22 TRANSFERS ALONG THE NORTHERN BORDER 

23 OF THE UNITED STATES. 

24 Not later than 180 days after the date of the enact25 ment of this Act, and annually thereafter, the Secretary 
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1 of State, in consultation with the Secretary of Homeland 

2 Security, shall submit to the appropriate congressional 

3 committees a written report certifying that— 

4 (1) provisions of the International Traffic in 

5 Arms Regulations permitting unlicensed temporary 

6 imports into the United States from Canada by any 

7 person of any unclassified defense article on the 

8 United States Munitions List do not present a risk 

9 to the national security of the United States; and 

10 (2) personnel of the Bureau of Customs and 

11 Border Protection of the Department of Homeland 

12 Security located along the northern border of the 

13 United States have adequate written guidance from 

14 the Department of State which permits them to ef15 fectively enforce provisions of the International Traf16 fic in Arms Regulations permitting unlicensed ex17 ports to Canada of certain items on the United 

18 States Munitions List. 

19 SEC. 733. COMPREHENSIVE NATURE OF UNITED STATES 

20 ARMS EMBARGOES. 

21 (a) FINDINGS; SENSE OF CONGRESS.— 

22 (1) FINDINGS.—Congress finds that— 

23 (A) governments to which the Government 

24 of the United States prohibits by law or policy 

25 the transfer of implements of war, including 
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1 material, components, parts, and other defense 

2 articles and defense services (as defined in 

3 paragraphs (3) and (4) of section 47 of the 

4 Arms Export Control Act (22 U.S.C. 2794(3) 

5 and (4)), respectively) continue to seek to evade 

6 these embargoes through increasingly sophisti7 cated illegal acquisitions via the ‘‘international 

8 gray arms market’’ and by seeking to exploit 

9 weaknesses in the export control system of the 

10 United States and its friends and allies; and 

11 (B) the strict and comprehensive applica12 tion of arms embargoes referred to in subpara13 graph (A), including those embargoes estab14 lished by the United Nations Security Council, 

15 is of fundamental importance to the security 

16 and foreign policy interests of the United 

17 States. 

18 (2) SENSE OF CONGRESS.—It is the sense of 

19 Congress that the United States Government should 

20 continue to provide a leadership role internationally 

21 in ensuring the effectiveness of arms embargoes re22 ferred to in paragraph (1). 

23 (b) SCOPE OF EMBARGOES.—Section 38 of the Arms 

24 Export Control Act (22 U.S.C. 2778) is amended by add25 ing at the end the following: 
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1 ‘‘(k) Whenever the United States maintains an arms 

2 embargo pursuant to United States law, or through public 

3 notice by the President or Secretary of State pursuant to 

4 the authorities of this Act, no defense article or defense 

5 service subject to sections 120–130 of title 22, Code of 

6 Federal Regulations (commonly known as the ‘Inter7 national Traffic in Arms Regulations’) and no dual use 

8 good or technology subject to sections 730–774 of title 15, 

9 Code of Federal Regulations (commonly known as the ‘Ex10 port Administration Regulations’) shall be knowingly sold 

11 or transferred for military end use to the military, intel12 ligence or other security forces of the embargoed govern13 ment, including any associated governmental agency, sub14 division, entity, or other person acting on their behalf, un15 less, at a minimum and without prejudice to any addi16 tional requirements established in United States law or 

17 regulation, the sale or transfer is approved through 

18 issuance of a license by the Secretary of State or the Sec19 retary of Commerce, as the case may be.’’. 

20 (c) REPORT.—Not later than 120 days after the date 

21 of the enactment of this Act, the Secretary of State, in 

22 consultation with the Secretary of Commerce and the Sec23 retary of Defense, shall submit to the appropriate congres24 sional committees a report that describes the actions taken 
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1 to ensure the effective implementation of section 38(k) of 

2 the Arms Export Control Act, as added by subsection (b). 

3 SEC. 734. CONTROL OF ITEMS ON MISSILE TECHNOLOGY 

4 CONTROL REGIME ANNEX. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that all proposals to export or transfer to foreign 

7 persons by other means, whether in the United States or 

8 abroad, and any other activities subject to regulation 

9 under section 38, 39, or 40 of the Arms Export Control 

10 Act (22 U.S.C. 2778, 2779, or 2780), relating to items 

11 on the Missile Technology Control Regime Annex, should 

12 be accorded stringent control and scrutiny consistent with 

13 the purposes of section 71 of the Arms Export Control 

14 Act (22 U.S.C. 2797). 

15 (b) CONTROL OF ITEMS ON MTCR ANNEX.—The 

16 Secretary of State, in coordination with the Secretary of 

17 Commerce, the Attorney General, and the Secretary of De18 fense, shall ensure that all items on the MTCR Annex are 

19 subject to stringent control by the Government of the 

20 United States pursuant to the International Traffic in 

21 Arms Regulations and the Export Administration Regula22 tions. 

23 (c) CERTIFICATION.—Not later than March 1 of each 

24 year, the Secretary of State, in coordination with the Sec25 retary of Commerce, the Attorney General and the Sec-
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1 retary of Defense, shall submit to the appropriate congres2 sional committees a report that contains— 

3 (1) a certification that the requirement of sub4 section (b) has been met for the prior year, or if the 

5 requirement has not been met, the reasons therefor; 

6 and 

7 (2) a description of the updated coverage, if 

8 any, of the regulations referred to in subsection (b) 

9 with respect to all items on the MTCR Annex and 

10 an explanation of any areas of overlap or omissions, 

11 if any, among the regulations. 

12 SEC. 735. UNLAWFUL USE OF UNITED STATES DEFENSE AR13 TICLES. 

14 (a) INELIGIBILITY FOR TERRORIST RELATED

15 TRANSACTIONS.—Section 3(c)(1) of the Arms Export 

16 Control Act (22 U.S.C. 2753(c)(1)) is amended— 

17 (1) in each of subparagraphs (A) and (B), by 

18 striking ‘‘or any predecessor Act,’’ and inserting 

19 ‘‘any predecessor Act, or licensed or approved under 

20 section 38 of this Act, to carry out a transaction 

21 with a country, the government of which the Sec22 retary of State has determined is a state sponsor of 

23 international terrorism for purposes of section 

24 6(j)(1) of the Export Administration Act of 1979 
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1 (50 U.S.C. App. 2405(j)(1)), or otherwise uses such 

2 defense articles or defense services’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(C) In this section, the term ‘transaction’ means the 

5 taking of any action, directly or indirectly, by a foreign 

6 country that would be a transaction prohibited by section 

7 40 of this Act with respect to the United States Govern8 ment and United States persons.’’. 

9 (b) REPORTING REQUIREMENT.—Section 3(e) of the 

10 Arms Export Control Act (22 U.S.C. 2753(e)) is amended 

11 by inserting after ‘‘the Foreign Assistance Act of 1961,’’ 

12 the following: ‘‘regardless of whether the article or service 

13 has been sold or otherwise furnished by the United States 

14 Government or licensed under section 38 of this Act,’’. 

15 SEC. 736. PURPOSES OF ARMS SALES. 

16 Section 4 of the Arms Export Control Act (22 U.S.C. 

17 2754) is amended in the first sentence by inserting after 

18 ‘‘solely for internal security’’ the following: ‘‘(including 

19 antiterrorism and border security)’’. 

20 Subtitle E—Strengthening United 

21 States Missile Nonproliferation 

22 Law 

23 SEC. 741. PROBATIONARY PERIOD FOR FOREIGN PERSONS. 

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, upon the expiration, or the granting of a waiv-
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1 er, on or after January 1, 2003, of sanctions against a 

2 foreign person imposed under section 73(a) of the Arms 

3 Export Control Act (22 U.S.C. 2797b(a)) or under section 

4 11B(b)(1) of the Export Administration Act of 1979 (50 

5 U.S.C. App. 2410b(b)(1)), as continued in effect under 

6 the International Emergency Economic Powers Act, a li7 cense shall be required, for a period of not less than three 

8 years, for the export to that foreign person of all items 

9 controlled for export under section 5 or 6 of the Export 

10 Administration Act of 1979 (50 U.S.C. App. 2404, 2405), 

11 as continued in effect under the International Emergency 

12 Economic Powers Act, in accordance with the Export Ad13 ministration Regulations. 

14 (b) TERMINATION.—Subsection (a) shall not apply to 

15 a foreign person 30 days after the President notifies the 

16 Committee on International Relations of the House of 

17 Representatives and the Committee on Banking, Housing 

18 and Urban Affairs and the Committee on Foreign Rela19 tions of the Senate that the President has determined 

20 that— 

21 (1) the foreign person has— 

22 (A) ceased all activity related to the origi23 nal imposition of sanctions under section 73(a) 

24 of the Arms Export Control Act or section 
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1 11B(b)(1) of the Export Administration Act of 

2 1979, as the case may be; and 

3 (B) has instituted a program of trans4 parency measures under which the United 

5 States will be able to verify, for a period of at 

6 least 3 years, that the foreign person is not en7 gaging in prohibited activities under those pro8 visions of law referred to in paragraph (1); and 

9 (2) there has been an appropriate resolution of 

10 the original violation or violations, such as financial 

11 penalties, incarceration, destruction of prohibited 

12 items, or other appropriate measures taken to pre13 vent a recurrence of the violation or violations. 

14 (c) WAIVER.—Subsection (a) shall not apply to a for15 eign person if— 

16 (1) the President issues a waiver of sanctions 

17 imposed upon that person under section 73(a) of the 

18 Arms Export Control Act or under section 

19 11B(b)(1) of the Export Administration Act of 

20 1979, on the basis that the waiver is essential to the 

21 national security of the United States; 

22 (2) the President designates the waiver as clas23 sified information (as defined in section 606 of the 

24 National Security Act of 1947 (50 U.S.C. 426)); 

25 and 
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1 (3) the President transmits to the committees 

2 referred to in subsection (b)— 

3 (A) a justification for designating the waiv4 er as classified information; and 

5 (B) a description of— 

6 (i) any discussions with the foreign 

7 person, concerning the activities that were 

8 the subject of the sanctions, that have been 

9 conducted by United States Government 

10 officials, or by officials of the government 

11 of the country that has jurisdiction over 

12 the foreign person or in which the foreign 

13 person conducted such activities; and 

14 (ii) any actions that the foreign per15 son, or the government of the country that 

16 has jurisdiction over the foreign person or 

17 in which the foreign person conducted the 

18 activities that were the subject of the sanc19 tions, has taken to prevent a recurrence of 

20 the same or similar activities. 

21 SEC. 742. STRENGTHENING UNITED STATES MISSILE PRO22 LIFERATION SANCTIONS ON FOREIGN PER23 SONS. 

24 (a) ARMS EXPORT CONTROL ACT.—Section 73(a)(2) 

25 of the Arms Export Control Act (22 U.S.C. 2797b(a)(2)) 
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1 is amended by striking ‘‘2 years’’ each place it appears 

2 and inserting ‘‘4 years’’. 

3 (b) PUBLIC INFORMATION.—Section 73(e)(2) of the 

4 Arms Export Control Act (22 U.S.C. 2797b(e)(2)) is 

5 amended by adding at the end the following new sen6 tences: ‘‘Such report may be classified only to the extent 

7 necessary to protect intelligence sources and methods. If 

8 the report is so classified, the President shall make every 

9 effort to acquire sufficient alternative information that 

10 would allow a subsequent unclassified version of the report 

11 to be issued.’’. 

12 (c) EXPORT ADMINISTRATION ACT OF 1979.—Any 

13 sanction imposed on a foreign person under section 

14 11B(b)(1) of the Export Administration Act of 1979 (50 

15 U.S.C. App. 2410b(b)(1)), as continued in effect under 

16 the International Emergency Economic Powers Act, shall 

17 be in effect for a period of four years beginning on the 

18 date on which the sanction was imposed. 

19 (d) APPLICABILITY.—The amendments made by sub20 sections (a) and (b) and the provisions of subsection (c) 

21 shall apply to all sanctions imposed under section 73(a) 

22 of the Arms Export Control Act or section 11B(b)(1) of 

23 the Export Administration Act of 1979, as continued in 

24 effect under the International Emergency Economic Pow25 ers Act, by reason of acts giving rise to such sanctions 
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1 that were committed by foreign persons on or after Janu2 ary 1, 2004. 

3 SEC. 743. COMPREHENSIVE UNITED STATES MISSILE PRO4 LIFERATION SANCTIONS ON ALL RESPON5 SIBLE FOREIGN PERSONS. 

6 (a) ARMS EXPORT CONTROL ACT.—Section 73(a) of 

7 the Arms Export Control Act (22 U.S.C. 2797b(a)) is 

8 amended by adding at the end the following new para9 graph: 

10 ‘‘(3)(A) Sanctions imposed upon a foreign person 

11 under paragraph (2) shall also be imposed on any govern12 mental entity that the President determines exercises ef13 fective control over, benefits from, or directly or indirectly 

14 facilitates the activities of that foreign person. 

15 ‘‘(B) When a sanction is imposed on a foreign person 

16 under paragraph (2), the President may also impose that 

17 sanction on any other person or entity that the President 

18 has reason to believe has or may acquire prohibited items 

19 with the intent to transfer to that foreign person, or pro20 vide to that foreign person access to, such items. In this 

21 subparagraph, ‘prohibited items’ are items that may not 

22 be exported to that foreign person on account of the sanc23 tion imposed on that foreign person. 

24 ‘‘(C) The President may also prohibit, for such period 

25 of time as the President may determine, any transaction 
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1 or dealing, by a United States person or within the United 

2 States, with any foreign person on whom sanctions have 

3 been imposed under this subsection. 

4 ‘‘(D) The President shall report on an annual basis 

5 to the Committee on International Relations of the House 

6 of Representatives and the Committee on Foreign Rela7 tions of the Senate the identity of any foreign person that 

8 engages in any transaction or activity with a foreign per9 son on whom sanctions have been imposed under this sub10 section that either— 

11 ‘‘(i) would be the basis for imposing sanctions 

12 under subparagraph (B) but for which sanctions 

13 have not been imposed; or 

14 ‘‘(ii) would be the basis for imposing sanctions 

15 under subparagraph (C) if the transaction or activity 

16 had been carried out by a United States person or 

17 by a person in the United States. 

18 Such report shall be unclassified to the maximum extent 

19 feasible, but may include a classified annex.’’. 

20 (b) DEFINITION OF PERSON.—Section 74(a)(8)(A) of 

21 the Arms Export Control Act (22 U.S.C. 2797c(a)(8)(A)) 

22 is amended to read as follows: 

23 ‘‘(8)(A) The term ‘person’ means— 

24 ‘‘(i) a natural person; 
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1 ‘‘(ii) a corporation, business associa2 tion, partnership, society, trust, 

3 transnational corporation, or transnational 

4 joint venture, any other nongovernmental 

5 entity, organization, or group, and any 

6 governmental entity; 

7 ‘‘(iii) any subsidiary, subunit, or par8 ent entity of any business enterprise or 

9 other organization or entity listed in clause 

10 (ii); and 

11 ‘‘(iv) any successor of any business 

12 enterprise or other organization or entity 

13 listed in clause (ii) or (iii); and’’. 

14 (c) EXPORT ADMINISTRATION ACT OF 1979.— 

15 (1) SANCTIONS IMPOSED ON GOVERNMENTAL

16 ENTITIES.—Any sanction imposed on a foreign per17 son under section 11B(b)(1)(B) of the Export Ad18 ministration Act of 1979 (50 U.S.C. App. 

19 2410b(b)(1)(B)), as continued in effect under the 

20 International Emergency Economic Powers Act (in 

21 this subsection referred to as a ‘‘dual use sanction’’), 

22 shall also be imposed on any governmental entity 

23 that the President determines exercises effective con24 trol over, benefits from, or directly or indirectly fa25 cilitates the activities of that foreign person. 
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1 (2) OTHER ENTITIES.—When a dual use sanc2 tion is imposed on a foreign person, the President 

3 may also impose that sanction on any other person 

4 or entity that the President has reason to believe 

5 has or may acquire prohibited items with the intent 

6 to transfer to that foreign person, or provide to that 

7 foreign person access to, such items. In this para8 graph, ‘‘prohibited items’’ are items that may not be 

9 exported to that foreign person on account of the 

10 dual use sanction imposed on that foreign person. 

11 (3) TRANSACTIONS BY THIRD PARTIES.—The 

12 President may also prohibit, for such period of time 

13 as he may determine, any transaction or dealing, by 

14 a United States person or within the United States, 

15 with any foreign person on whom dual use sanctions 

16 have been imposed. 

17 (4) REPORT.—The President shall submit on 

18 an annual basis to the Committee on International 

19 Relations of the House of Representatives and the 

20 Committee on Banking, Housing and Urban Affairs 

21 and the Committee on Foreign Relations of the Sen22 ate a report that contains the identity of any foreign 

23 person that engages in any transaction or activity 

24 with a foreign person on whom dual use sanctions 

25 have been imposed that either— 
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1 (A) would be the basis for imposing dual 

2 use sanctions under paragraph (2) but for 

3 which such sanctions have not been imposed; or 

4 (B) would be the basis for imposing dual 

5 use sanctions under paragraph (3) if the trans6 action or activity had been carried out by a 

7 United States person or by a person in the 

8 United States. 

9 Such report shall be unclassified to the maximum 

10 extent feasible, but may include a classified annex. 

11 (5) DEFINITIONS.—In this subsection: 

12 (A) MISSILE EQUIPMENT OR TECH13 NOLOGY.—The term ‘‘missile equipment or 

14 technology’’ has the meaning given that term in 

15 section 11B(c) of the Export Administration 

16 Act of 1979 (50 U.S.C. App. 2410b(c)). 

17 (B) PERSON.— 

18 (i) The term ‘‘person’’ means— 

19 (I) a natural person; 

20 (II) a corporation, business asso21 ciation, partnership, society, trust, 

22 transnational corporation, or 

23 transnational joint venture, any other 

24 nongovernmental entity, organization, 
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1 or group, and any governmental enti2 ty; 

3 (III) any subsidiary, subunit, or 

4 parent entity of any business enter5 prise or other organization or entity 

6 listed in subclause (II); and 

7 (IV) any successor of any busi8 ness enterprise or other organization 

9 or entity listed in subclause (II) or 

10 (III). 

11 (ii) In the case of countries where it 

12 may be impossible to identify a specific 

13 governmental entity referred to in clause 

14 (i), the term ‘‘person’’ means— 

15 (I) all activities of that govern16 ment relating to the development or 

17 production of any missile equipment 

18 or technology; and 

19 (II) all activities of that govern20 ment affecting the development or 

21 production of aircraft, electronics, and 

22 space systems or equipment. 

23 (C) UNITED STATES PERSON.—The term 

24 ‘‘United States person’’ has the meaning given 

25 that term in section 16(2) of the Export Ad-
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1 ministration Act of 1979 (50 U.S.C. App. 

2 2415(2)). 

3 (d) EFFECTIVE DATE.—The amendments made by 

4 subsections (a) and (b) shall apply with respect to sanc5 tions imposed on or after January 1, 2004, on foreign per6 sons under section 73(a)(2) of the Arms Export Control 

7 Act, and the provisions of subsection (c) shall apply with 

8 respect to sanctions imposed on or after January 1, 2004, 

9 on foreign persons under section 11B(b)(1) of the Export 

10 Administration Act of 1979 (50 U.S.C. App. 

11 2410b(b)(1)), as continued in effect under the Inter12 national Emergency Economic Powers Act. 

13 Subtitle F—Security Assistance 

14 and Related Provisions 

15 SEC. 751. AUTHORITY TO TRANSFER NAVAL VESSELS TO 

16 CERTAIN FOREIGN COUNTRIES. 

17 (a) AUTHORITY TO TRANSFER BY GRANT.—The 

18 President is authorized to transfer vessels to foreign coun19 tries on a grant basis under section 516 of the Foreign 

20 Assistance Act of 1961 (22 U.S.C. 2321j), as follows: 

21 (1) GREECE.—To the Government of Greece, 

22 the OSPREY class minehunter coastal ship PELI23 CAN (MHC–53). 
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1 (2) EGYPT.—To the Government of Egypt, the 

2 OSPREY class minehunter coastal ships CAR3 DINAL (MHC–60) and RAVEN (MHC–61). 

4 (3) PAKISTAN.—To the Government of Paki5 stan, the SPRUANCE class destroyer ship 

6 FLETCHER (DD–992). 

7 (4) TURKEY.—To the Government of Turkey, 

8 the SPRUANCE class destroyer ship CUSHING 

9 (DD–985). 

10 (b) AUTHORITY TO TRANSFER BY SALE.—The Presi11 dent is authorized to transfer vessels to foreign countries 

12 on a sale basis under section 21 of the Arms Export Con13 trol Act (22 U.S.C. 2761), as follows: 

14 (1) INDIA.—To the Government of India, the 

15 AUSTIN class amphibious transport dock ship 

16 TRENTON (LPD–14). 

17 (2) GREECE.—To the Government of Greece, 

18 the OSPREY class minehunter coastal ship HERON 

19 (MHC–52). 

20 (3) TURKEY.—To the Government of Turkey, 

21 the SPRUANCE class destroyer ship O’BANNON 

22 (DD–987). 

23 (c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

24 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value 

25 of a vessel transferred to another country on a grant basis 
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1 pursuant to authority provided by subsection (a) shall not 

2 be counted against the aggregate value of excess defense 

3 articles transferred to countries in any fiscal year under 

4 section 516(g) of the Foreign Assistance Act of 1961 (22 

5 U.S.C. 2321j(g)). 

6 (d) COSTS OF TRANSFERS.—Any expense incurred by 

7 the United States in connection with a transfer authorized 

8 under subsection (a) or (b) shall be charged to the recipi9 ent. 

10 (e) REPAIR AND REFURBISHMENT IN UNITED

11 STATES SHIPYARDS.—To the maximum extent prac12 ticable, the President shall require, as a condition of the 

13 transfer of a vessel under this section, that the country 

14 to which the vessel is transferred have such repair or re15 furbishment of the vessel as is needed, before the vessel 

16 joins the naval forces of that country, performed at a ship17 yard located in the United States, including a United 

18 States Navy shipyard. 

19 (f) EXPIRATION OF AUTHORITY.—The authority to 

20 transfer a vessel under this section shall expire at the end 

21 of the two-year period beginning on the date of the enact22 ment of this Act. 
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1 SEC. 752. TRANSFER OF OBSOLETE AND SURPLUS ITEMS 

2 FROM KOREAN WAR RESERVES STOCKPILE 

3 AND REMOVAL OR DISPOSAL OF REMAINING 

4 ITEMS. 

5 (a) TRANSFER OF ITEMS IN KOREAN STOCKPILE.— 

6 (1) AUTHORITY.—Notwithstanding section 514 

7 of the Foreign Assistance Act of 1961 (22 U.S.C. 

8 2321h), the President is authorized to transfer to 

9 the Republic of Korea, in return for concessions to 

10 be negotiated by the Secretary of Defense, any or all 

11 of the items described in paragraph (2). 

12 (2) COVERED ITEMS.—The items referred to in 

13 paragraph (1) are munitions, equipment, and mate14 riel such as tanks, trucks, artillery, mortars, general 

15 purpose bombs, repair parts, barrier material, and 

16 ancillary equipment, if such items are— 

17 (A) obsolete or surplus items; 

18 (B) in the inventory of the Department of 

19 Defense; 

20 (C) intended for use as reserve stocks for 

21 the Republic of Korea; and 

22 (D) as of the date of the enactment of this 

23 Act, located in a stockpile in the Republic of 

24 Korea. 
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1 (3) VALUATION OF CONCESSIONS.—(A) The 

2 value of concessions negotiated pursuant to para3 graph (1) shall be at least equal to— 

4 (i) the fair market value of the items 

5 transferred; minus 

6 (ii) the savings to the Department of De7 fense of the cost of removal of the items from 

8 the Republic of Korea and disposal of the items 

9 that would have been incurred by the Depart10 ment but for the transfer of the items pursuant 

11 to paragraph (1), not to exceed the fair market 

12 value of the items transferred. 

13 (B) The concessions may include cash com14 pensation, service, waiver of charges otherwise pay15 able by the United States, such as charges for demo16 lition of United States-owned or United States-in17 tended munitions, and other items of value. 

18 (4) PRIOR NOTIFICATIONS OF PROPOSED

19 TRANSFERS.—Not less than 30 days before making 

20 a transfer under the authority of this subsection, the 

21 President shall transmit to the Committees on 

22 Armed Services and International Relations of the 

23 House of Representatives and the Committees on 

24 Armed Services and Foreign Relations of the Senate 

25 a detailed notification of the proposed transfer, 
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1 which shall include an identification of the items to 

2 be transferred and the concessions to be received. 

3 (5) TERMINATION OF AUTHORITY.—No transfer 

4 may be made under the authority of this subsection 

5 more than three years after the date of the enact6 ment of this Act. 

7 (b) REMOVAL OR DISPOSAL OF REMAINING ITEMS IN

8 KOREAN STOCKPILE.—The President shall provide for the 

9 removal or disposal of all items described in subsection 

10 (a)(2) that are not transferred pursuant to the authority 

11 of subsection (a) by not later than four years after the 

12 date of the enactment of this Act. 

13 SEC. 753. EXTENSION OF PAKISTAN WAIVERS. 

14 The Act entitled ‘‘An Act to authorize the President 

15 to exercise waivers of foreign assistance restrictions with 

16 respect to Pakistan through September 30, 2003, and for 

17 other purposes’’, approved October 27, 2001 (Public Law 

18 107–57; 115 Stat. 403), is amended— 

19 (1) in section 1(b)— 

20 (A) in the heading, by striking ‘‘FISCAL

21 YEARS 2005 AND 2006’’ and inserting ‘‘FISCAL

22 YEARS 2006 AND 2007’’; and 

23 (B) in paragraph (1), by striking ‘‘2005 or 

24 2006’’ and inserting ‘‘2006 or 2007’’; 
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1 (2) in section 3(2), by striking ‘‘and 2006’’ and 

2 inserting ‘‘2006, and 2007’’; and 

3 (3) in section 6, by striking ‘‘2006’’ and insert4 ing ‘‘2007’’. 

5 SEC. 754. REPORTING REQUIREMENT FOR FOREIGN MILI6 TARY TRAINING. 

7 Subsection (a)(1) of section 656 of the Foreign As8 sistance Act of 1961 (22 U.S.C. 2416) is amended— 

9 (1) by striking ‘‘January 31’’ and inserting 

10 ‘‘March 1’’; and 

11 (2) by striking ‘‘and all such training proposed 

12 for the current fiscal year’’. 

13 SEC. 755. CERTAIN SERVICES PROVIDED BY THE UNITED 

14 STATES IN CONNECTION WITH FOREIGN 

15 MILITARY SALES. 

16 (a) QUALITY ASSURANCE, INSPECTION, CONTRACT

17 ADMINISTRATION, AND CONTRACT AUDIT DEFENSE

18 SERVICES.—Section 21(h)(1)(A) of the Arms Export Con19 trol Act (22 U.S.C. 2761(h)(1)(A)) is amended by insert20 ing after ‘‘North Atlantic Treaty Organization’’ the fol21 lowing: ‘‘or the Governments of Australia, New Zealand, 

22 Japan, or Israel’’. 

23 (b) CATALOGING DATA AND SERVICES.—Section 

24 21(h)(2) of the Arms Export Control Act (22 U.S.C. 

25 2761(h)(2)) is amended by striking ‘‘or to any member 
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1 government of that Organization if that Organization or 

2 member government’’ and inserting ‘‘, to any member of 

3 that Organization, or to the Governments of Australia, 

4 New Zealand, Japan, or Israel if that Organization, mem5 ber government, or the Governments of Australia, New 

6 Zealand, Japan, or Israel’’. 

7 SEC. 756. MARITIME INTERDICTION PATROL BOATS FOR 

8 MOZAMBIQUE. 

9 (a) IN GENERAL.—Of the amounts made available to 

10 carry out section 23 of the Arms Export Control Act for 

11 fiscal year 2006, there is authorized to be appropriated 

12 $1,000,000 for refurbishment, delivery, operational train13 ing, and related costs associated with the provision of not 

14 more than four excess coastal patrol boats to the Govern15 ment of Mozambique for maritime patrol and interdiction 

16 activities. 

17 (b) AVAILABILITY.—Amounts appropriated pursuant 

18 to the authorization of appropriations under subsection (a) 

19 are authorized to remain available until September 30, 

20 2007. 

21 SEC. 757. REIMBURSEMENT FOR INTERNATIONAL MILI22 TARY EDUCATION AND TRAINING. 

23 Section 541 of the Foreign Assistance Act of 1961 

24 (22 U.S.C. 2347) is amended— 
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1 (1) in the first sentence, by striking ‘‘The 

2 President’’ and inserting ‘‘(a) The President’’; and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(b) The President shall seek reimbursement for mili6 tary education and training furnished under this chapter 

7 from countries using assistance under section 23 of the 

8 Arms Export Control Act (22 U.S.C. 2763; relating to the 

9 Foreign Military Financing Program) to purchase such 

10 military education and training at a rate comparable to 

11 the rate charged to countries receiving grant assistance 

12 for military education and training under this chapter.’’. 

13 TITLE VIII—NUCLEAR BLACK 

14 MARKET ELIMINATION ACT 

15 SEC. 801. SHORT TITLE. 

16 This title may be cited as the ‘‘Nuclear Black Market 

17 Elimination Act of 2005’’. 
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1 Subtitle A—Sanctions for Transfers 

2 of Nuclear Enrichment, Reproc3 essing, and Weapons Tech4 nology, Equipment and Mate5 rials Involving Foreign Persons 

6 and Terrorists 

7 SEC. 811. AUTHORITY TO IMPOSE SANCTIONS ON FOREIGN 

8 PERSONS. 

9 (a) DETERMINATION OF NUCLEAR ACTIVITIES BY

10 FOREIGN PERSONS.—Notwithstanding any other provi11 sion of law, the President is authorized to impose any or 

12 all of the sanctions described in subsection (b) whenever 

13 the President determines that a foreign person partici14 pated, on or after the date of the enactment of this Act, 

15 in the export, transfer or trade of— 

16 (1) nuclear enrichment or reprocessing equip17 ment, materials, or technology to any nonnuclear18 weapon state (as defined in section 102(c) of the 

19 Arms Export Control Act) that— 

20 (A) does not possess functioning nuclear 

21 enrichment or reprocessing plants as of Janu22 ary 1, 2004; and 

23 (B)(i) does not have in force an additional 

24 protocol with the International Atomic Energy 

25 Agency for the application of safeguards (as de-
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1 rived from IAEA document INFCIRC/540 and 

2 related corrections and additions); or 

3 (ii) is developing, manufacturing, or ac4 quiring a nuclear explosive device; or 

5 (2) any nuclear explosive device, or design in6 formation or component, equipment, materials, or 

7 other items or technology that— 

8 (A) is designated for national export con9 trols under the Nuclear Supplier Group Guide10 lines for the Export of Nuclear Material, Equip11 ment and Technology (published by the Inter12 national Atomic Energy Agency as IAEA docu13 ment INFICRC/254/Rev. 6/Part 1 and subse14 quent revisions) and the Guidelines for Trans15 fers of Nuclear-Related Dual-Use Equipment, 

16 Material, and Related Technology (published as 

17 IAEA document INFCIRC/254/Rev. 5/ Part 2 

18 and subsequent revisions); and 

19 (B) contributes to the development, manu20 facture, or acquisition of a nuclear explosive de21 vice by— 

22 (i) a nonnuclear weapon state; or 

23 (ii) a foreign person. 
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1 (b) SANCTIONS.—The sanctions referred to in sub2 section (a) that are to be imposed on a foreign person are 

3 the following: 

4 (1) No assistance may be provided to the for5 eign person under the Foreign Assistance Act of 

6 1961, and the foreign person may not participate in 

7 any assistance program of the United States Gov8 ernment. Any such assistance being provided to the 

9 foreign person, and any participation in such assist10 ance program by the foreign person, on the date on 

11 which the sanction under this paragraph is imposed, 

12 shall be terminated as of such date. 

13 (2) The United States Government may not sell 

14 any defense articles, defense services, or design or 

15 construction services to the foreign person under the 

16 Foreign Assistance Act of 1961 or the Arms Export 

17 Control Act, and any contract to sell such articles or 

18 services, under either such Act, that is in effect on 

19 the date on which the sanction under this paragraph 

20 is imposed, shall be terminated as of such date. 

21 (3) Licenses or any other approval may not be 

22 issued for the export or import to the foreign person 

23 of any defense articles or defense services under the 

24 Arms Export Control Act or its implementing regu25 lations. Any such license or approval that is in effect 
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1 on the on the date on which the sanction under this 

2 paragraph is imposed, shall be terminated as of such 

3 date. 

4 (4) Licenses or any other approval may not be 

5 issued for the export to the foreign person of any 

6 goods or technology subject to the jurisdiction of the 

7 Export Administration Regulations under chapter 

8 VII of title 15, Code of Federal Regulations (or suc9 cessor regulations), other than food and other agri10 cultural commodities, medicines and medical equip11 ment. Any such license or approval that is in effect 

12 on the on the date on which the sanction under this 

13 paragraph is imposed, shall be terminated as of such 

14 date. 

15 (c) PERIOD SANCTIONS IN EFFECT.—The sanctions 

16 referred to in subsection (b) should be imposed for not 

17 less than two years, but may be imposed for longer peri18 ods. The President may suspend after one year any sanc19 tion imposed pursuant to this section 15 days after sub20 mitting to the appropriate congressional committees a re21 port explaining— 

22 (1) the reasons for modifying or terminating 

23 the sanction; 
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1 (2) how the purposes of this Act and United 

2 States national security are furthered by such modi3 fication or termination; and 

4 (3) what measures the United States will take 

5 or is taking to ensure that the foreign person will 

6 not engage in similar activities in the future. 

7 SEC. 812. PRESIDENTIAL NOTIFICATION ON ACTIVITIES OF 

8 FOREIGN PERSONS. 

9 (a) REPORTS TO CONGRESS.—Not later than 180 

10 days after enactment of this Act and no later than Janu11 ary 31 of each year thereafter, the President shall submit 

12 to the appropriate congressional committees a report de13 tailing any activity by any foreign person described in sec14 tion 811. This report shall also include a description of 

15 any sanctions that have been imposed and their duration. 

16 (b) PUBLICATION.—When the President imposes 

17 sanctions under section 811, the President shall, to the 

18 maximum extent unclassified, publish in the Federal Reg19 ister, not later than 15 days after reporting such sanctions 

20 to the appropriate congressional committees under sub21 section (a), the identity of each sanctioned foreign person, 

22 the period for which sanctions will be in effect, and the 

23 reasons for the sanctions. 
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1 Subtitle B—Further Actions 

2 Against Corporations Associated 

3 With Sanctioned Foreign Per4 sons 

5 SEC. 821. FINDINGS. 

6 The Congress finds the following: 

7 (1) Foreign persons and corporations engaging 

8 in nuclear black-market activities are motivated by 

9 reasons of commercial gain and profit. 

10 (2) Sanctions targeted solely against the busi11 ness interests of the sanctioned person or business 

12 concern may be unsuccessful in halting these pro13 liferation activities, as the sanctions may be seen 

14 merely as the cost of doing business, especially if the 

15 business interests of the parent or subsidiary cor16 porate entities are unaffected by the sanctions. 

17 (3) Such narrow targeting of sanctions creates 

18 the incentive to create shell and ‘‘carve-out’’ cor19 porate entities to perform the proliferation activities 

20 and attract sanctions, leaving all other aspects of the 

21 larger corporation unaffected. 

22 (4) To dissuade corporations from allowing 

23 their associated commercial entities or persons from 

24 engaging in proliferation black-market activities, 

25 they must also be made to suffer financial loss and 
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1 commercial disadvantage, and parent and subsidiary 

2 commercial enterprises must be held responsible for 

3 the proliferation activities of their associated enti4 ties. 

5 (5) If a corporation perceives that the United 

6 States Government will do everything possible to 

7 make its commercial activity difficult around the 

8 world, then that corporation has a powerful commer9 cial incentive to prevent any further proliferation ac10 tivity by its associated entities. 

11 (6) Therefore, the United States Government 

12 should seek to increase the risk of commercial loss 

13 for associated corporate entities for the proliferation 

14 actions of their subsidiaries. 

15 SEC. 822. CAMPAIGN BY UNITED STATES GOVERNMENT OF16 FICIALS. 

17 The President shall instruct all agencies of the 

18 United States Government to make every effort in their 

19 interactions with foreign government and business officials 

20 to persuade foreign governments and relevant corporations 

21 not to engage in any business transaction with a foreign 

22 person sanctioned under section 811, including any parent 

23 or subsidiary of the sanctioned foreign person, for the du24 ration of the sanctions. 
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1 SEC. 823. COORDINATION. 

2 The Secretary of State shall coordinate the actions 

3 of the United States Government under section 822. 

4 SEC. 824. REPORT. 

5 Not later than one year after the date of the enact6 ment of this Act and annually thereafter, the Secretary 

7 of State shall report to the appropriate congressional com8 mittees on the actions taken by the United States to carry 

9 out section 822. 

10 Subtitle C—Incentives for Pro11 liferation Interdiction Coopera12 tion 

13 SEC. 831. AUTHORITY TO PROVIDE ASSISTANCE TO COOP14 ERATIVE COUNTRIES. 

15 The President is authorized to provide, on such terms 

16 as the President considers appropriate, assistance under 

17 section 832 to any country that cooperates with the 

18 United States and with other countries allied with the 

19 United States to prevent the transport and transshipment 

20 of items of proliferation concern in its national territory 

21 or airspace or in vessels under its control or registry. 

22 SEC. 832. TYPES OF ASSISTANCE. 

23 The assistance authorized under section 831 is the 

24 following: 

25 (1) Assistance under section 23 of the Arms 

26 Export Control Act. 
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1 (2) Assistance under chapters 4 and 5 of part 

2 II of the Foreign Assistance Act of 1961. 

3 (3) Drawdown of defense equipment and serv4 ices under section 516 of the Foreign Assistance Act 

5 of 1961. 

6 SEC. 833. CONGRESSIONAL NOTIFICATION. 

7 Assistance authorized under this subtitle may not be 

8 provided until at least 30 days after the date on which 

9 the President has provided notice thereof to the appro10 priate congressional committees, in accordance with the 

11 procedures applicable to reprogramming notifications 

12 under section 634A(a) of the Foreign Assistance Act of 

13 1961. 

14 SEC. 834. LIMITATION. 

15 Assistance may be provided to a country under sec16 tion 831 in no more than three fiscal years. 

17 SEC. 835. USE OF ASSISTANCE. 

18 To the extent practicable, assistance provided under 

19 this subtitle shall be used to enhance the capability of the 

20 recipient country to prevent the transport and trans21 shipment of items of proliferation concern in its national 

22 territory or airspace, or in vessels under its control or reg23 istry, including through the development of a legal frame24 work in that country to enhance such capability by crim-
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1 inalizing proliferation, enacting strict export controls, and 

2 securing sensitive materials within its borders. 

3 SEC. 836. LIMITATION ON SHIP OR AIRCRAFT TRANSFERS 

4 TO UNCOOPERATIVE COUNTRIES. 

5 Notwithstanding any other provision of law, the 

6 United States may not transfer any excess defense article 

7 that is a vessel or an aircraft to a country that has not 

8 agreed that it will support and assist efforts by the United 

9 States to interdict items of proliferation concern until thir10 ty days after the date on which the President has provided 

11 notice of the proposed transfer to the appropriate congres12 sional committees in accordance with the procedures appli13 cable to reprogramming notifications under section 

14 634A(a) of the Foreign Assistance Act of 1961, in addi15 tion to any other requirement of law. 

16 Subtitle D—Rollback of Nuclear 

17 Proliferation Networks 

18 SEC. 841. NONPROLIFERATION AS A CONDITION OF UNITED 

19 STATES ASSISTANCE. 

20 United States foreign assistance should only be pro21 vided to countries that— 

22 (1) are not cooperating with any non-nuclear 

23 weapon state or any foreign group or individual who 

24 may be engaged in, planning, or assisting inter25 national terrorism in the development of a nuclear 
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1 explosive device or its means of delivery and are tak2 ing all necessary measures to prevent their nationals 

3 and other persons and entities subject to their juris4 diction from participating in such cooperation; and 

5 (2) are fully and completely cooperating with 

6 the United States in its efforts to eliminate nuclear 

7 black-market networks or activities. 

8 SEC. 842. REPORT ON IDENTIFICATION OF NUCLEAR PRO9 LIFERATION NETWORK HOST COUNTRIES. 

10 (a) REPORT.— 

11 (1) IN GENERAL.—Not later than 90 days after 

12 the date of the enactment of this Act and annually 

13 thereafter, the President shall submit a report to the 

14 appropriate congressional committees that— 

15 (A) identifies any country in which manu16 facturing, brokering, shipment, transshipment, 

17 or other activity occurred in connection with the 

18 transactions of the nuclear proliferation net19 work that supplied Libya, Iran, North Korea, 

20 and possibly other countries or entities, and 

21 (B) includes any additional information 

22 with respect to any country and any other nu23 clear proliferation networks or activities and the 

24 foreign persons believed to be participating 

25 therein, including any information relating to 
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1 the participation of any foreign person in the 

2 export, transfer, or trade described in section 

3 811. 

4 (2) ADDITIONAL INFORMATION.—The report 

5 under paragraph (1) shall also include a description 

6 of the extent to which each country described in the 

7 report is, in the opinion of the President, fully co8 operating with the United States in its efforts to 

9 eliminate the nuclear proliferation network described 

10 in paragraph (1)(A) and any other nuclear prolifera11 tion networks or activities. The President shall base 

12 the determination regarding a country’s cooperation 

13 with the United States in part on the degree to 

14 which the country has satisfied United States re15 quests for assistance and information, including 

16 whether the United States has asked and been 

17 granted direct investigatory access to key persons in18 volved in a nuclear proliferation network. 

19 (b) CLASSIFICATION.—Reports under this section 

20 shall be unclassified to the maximum extent possible. 

21 SEC. 843. SUSPENSION OF ARMS SALES LICENSES AND DE22 LIVERIES TO NUCLEAR PROLIFERATION NET23 WORK HOST COUNTRIES. 

24 (a) SUSPENSION.—Upon submission of the report 

25 and any additional information under section 842 to the 
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1 appropriate congressional committees, the President shall 

2 suspend all licenses issued under the Arms Export Control 

3 Act, and shall prohibit any licenses to be issued under that 

4 Act, to any country described in the report or additional 

5 information, until such time as the President certifies to 

6 the appropriate congressional committees that such coun7 try— 

8 (1)(A) has fully investigated or is fully inves9 tigating the activities of any person or entity within 

10 its territory that has participated in the nuclear pro11 liferation network or activities; and 

12 (B) has taken or is taking effective steps to 

13 permanently halt similar illicit nuclear proliferation 

14 or acquisition activities; 

15 (2) has been or is fully cooperating with the 

16 United States and other appropriate international 

17 organizations in investigating and eliminating the 

18 nuclear proliferation network, any successor net19 works operating within its territory, or other illicit 

20 proliferation and acquisition activities; and 

21 (3) has enacted or is enacting new laws, pro22 mulgated decrees or regulations, or established prac23 tices designed to prevent future such activities from 

24 occurring within its territory. 
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1 (b) WAIVER.—The President may waive the require2 ments of subsection (a) in a fiscal year if— 

3 (1) the President has certified to the appro4 priate congressional committees that the waiver is 

5 important to the national security of the United 

6 States; and 

7 (2) five days have elapsed since making the cer8 tification under paragraph (1). 

9 Subtitle E—General Provisions 

10 SEC. 851. DEFINITIONS. 

11 In this title: 

12 (1) PARTICIPATED.—The term ‘‘participated’’ 

13 means to have sold, transferred, brokered, financed, 

14 assisted, delivered or otherwise provided or received, 

15 and includes any conspiracy or attempt to partici16 pate in any of the preceding activities, as well as fa17 cilitating such activities by any other person. 

18 (2) FOREIGN PERSON.—The term ‘‘foreign per19 son’’ has the meaning provided in section 

20 38(g)(9)(C) of the Arms Export Control Act (22 

21 U.S.C. 2778(g)(9)(C)) and includes, for purposes of 

22 subsections (a) and (b) of section 811, successors, 

23 assigns, subsidiaries, and subunits and other busi24 ness organizations or associations in which that per25 son may be deemed to have a controlling interest. 
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1 (3) EXCESS DEFENSE ARTICLE.—The term 

2 ‘‘excess defense article’’ has the meaning given that 

3 term in section 644(g) of the Foreign Assistance Act 

4 of 1961 (22 U.S.C. 2403(g)). 

5 (4) ITEMS OF PROLIFERATION CONCERN.—The 

6 term ‘‘items of proliferation concern’’ means any 

7 equipment, materials, or technology that could mate8 rially support the research, development, manufac9 turing, or acquisition by any means of a nuclear ex10 plosive device, a chemical or biological weapon, or 

11 missile with a payload of 500 kilograms or greater 

12 and with a range of 300 kilometers or greater. 

13 (5) PERSON.—The term ‘‘person’’— 

14 (A) means a natural person as well as a 

15 corporation, business association, partnership, 

16 society, trust, any other nongovernmental enti17 ty, organization, or group, and any govern18 mental entity, or subsidiary, subunit, or parent 

19 entity thereof, and any successor of any such 

20 entity; and 

21 (B) in the case of a country where it may 

22 be impossible to identify a specific governmental 

23 entity referred to in subparagraph (A), means 

24 all activities of that government relating to the 
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1 development or production of any nuclear 

2 equipment or technology. 

3 (6) UNITED STATES FOREIGN ASSISTANCE.— 

4 The term ‘‘United States foreign assistance’’ means 

5 assistance under the foreign operations, export fi6 nancing, and related programs appropriations Act 

7 for a fiscal year, and assistance under the Foreign 

8 Assistance Act of 1961. 

9 TITLE IX—EAST ASIA SECURITY 

10 ACT OF 2005 

11 SEC. 901. SHORT TITLE. 

12 This title may be cited as the ‘‘East Asia Security 

13 Act of 2005’’. 

14 SEC. 902. STATEMENTS OF POLICY. 

15 Congress— 

16 (1) previously expressed its strong concerns in 

17 House Resolution 57 of February 2, 2005, and Sen18 ate Resolution 91 of March 17, 2005, with the 

19 transfer of armaments and related technology to the 

20 People’s Republic of China by member states of the 

21 European Union, which increased eightfold from 

22 2001 to 2003, and with plans to terminate in the 

23 near future the arms embargo they imposed in 1989 

24 following the Tiananmen Square massacre; 
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1 (2) welcomes deferral of a decision by the Euro2 pean Council to terminate its arms embargo fol3 lowing adoption of those Resolutions, the President’s 

4 visit to Europe, and growing concern among coun5 tries in the regions and the general public on both 

6 sides of the Atlantic; 

7 (3) welcomes the decision by the European Par8 liament on April 14, 2005, by a vote of 421 to 85, 

9 to oppose the lifting of the European Union’s arms 

10 embargo on the People’s Republic of China, and res11 olutions issued by a number of elected parliamentary 

12 bodies in Europe also opposing the lifting of the 

13 arms embargo; 

14 (4) also welcomes the onset of a strategic dia15 logue between the European Commission and the 

16 Government of the United States on the security sit17 uation in East Asia, through which it is hoped a 

18 greater understanding will emerge of the con19 sequences of European assistance to the military 

20 buildup of the People’s Republic of China for peace 

21 and stability in that region, to the security interests 

22 of the United States and its friends and allies in the 

23 region, and, in particular, to the safety of United 

24 States Armed Forces whose presence in the region 
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1 has been a decisive factor in ensuring peace and 

2 prosperity since the end of World War II; 

3 (5) hopes that a more intensive dialogue with 

4 Europe on this matter will clarify for United States 

5 friends and allies in Europe how their ‘‘non-lethal’’ 

6 arms transfers improve the force projection of the 

7 People’s Republic of China, are far from benign, and 

8 enhance the prospects for the threat or use of force 

9 in resolving the status of Taiwan, a troubling pros10 pect made more ominous by recent adoption of a 

11 new law by the Chinese National People’s Congress 

12 expressly authorizing the use of force; 

13 (6) also hopes that this dialogue will result in 

14 an important new consensus between the United 

15 States and its European partners on the need for co16 ordinated policies which encourage the development 

17 of democracy in the People’s Republic of China and 

18 which discourage, not assist, China’s unjustified 

19 military buildup and pursuit of weapons that threat20 en its neighbors; 

21 (7) however, deeply regrets that none of the 

22 European friends and allies of the United States 

23 who have been transferring arms to the People’s Re24 public of China has announced a cessation or even 

25 a temporary halt to those transfers while this new 
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1 dialogue with the United States ensues, and notes 

2 with concern that such European friends and allies 

3 have provided little, if any, transparency to the 

4 United States Government into the full range and 

5 capabilities of all of the armaments and related tech6 nology that they have transferred to date and con7 tinue even now to do so; 

8 (8) is further troubled by public reports describ9 ing well known European companies as suppliers to 

10 weapons programs of the People’s Republic of 

11 China, who are also participants in numerous sen12 sitive United States Government weapons programs, 

13 and the increased risks of diversion of United States 

14 weapons technology to China inherent in such an 

15 undesirable situation; and 

16 (9) in view of the gravity of European arms 

17 sales to the People’s Republic of China, which have 

18 not abated, believes it is necessary to make provision 

19 for greater scrutiny and oversight with respect to 

20 those areas of international armament cooperation 

21 that present increased levels of risk to the security 

22 interests of the United States and to authorize ap23 propriate measures which the President may draw 

24 on in deterring foreign support for China’s military 

25 buildup in order to safeguard the national security 
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1 interests of the United States and peace and secu2 rity in East Asia. 

3 SEC. 903. REPORT ON FOREIGN MILITARY EXPORTS TO 

4 CHINA. 

5 (a) REPORT.—The President shall, at the times spec6 ified in subsection (b), transmit to the appropriate con7 gressional committees a report that identifies every person 

8 of a member country of the European Union, and any 

9 other foreign person the President may consider appro10 priate, with respect to whom there is credible information 

11 indicating that the person, on or after January 1, 2005, 

12 exported to— 

13 (1) the People’s Republic of China any item on 

14 the Wassenaar Munitions List of July 12, 1996, and 

15 subsequent revisions; or 

16 (2) the military, intelligence, or other security 

17 forces of the People’s Republic of China— 

18 (A) any item on the Wassenaar List of 

19 Dual Use Goods and Technologies of July 12, 

20 1996, and subsequent revisions; or 

21 (B) any other dual use item if the item is 

22 intended, entirely or in part, for use with an 

23 item described in paragraph (1). 

24 (b) TIMING OF REPORT.—The report required under 

25 subsection (a) shall be transmitted not later than 180 days 
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1 after the date of the enactment of this Act and not later 

2 than the end of each 12-month period thereafter. 

3 (c) EXCEPTIONS.—A foreign person is not required 

4 to be identified in a report required under subsection (a) 

5 if the person— 

6 (1) was identified in a previous report trans7 mitted under subsection (a) on account of a par8 ticular export, except to the extent that the export 

9 may have continued, involved additional transfers, or 

10 was larger, more significant, or different in nature 

11 than described in the previous report; 

12 (2) was engaged solely in an export on behalf 

13 of, or in concert with, the Government of the United 

14 States; or 

15 (3) was engaged in an export which, as deter16 mined by the President, would be exempt from the 

17 restrictions of section 902(a) of the Foreign Rela18 tions Authorization Act, Fiscal Years 1990 and 

19 1991 (Public Law 101–246; 22 U.S.C. 2151 note), 

20 if the export were subject to the jurisdiction of the 

21 United States, by reason of the issuance of a report 

22 under section 902(b) of such Act. 

23 (d) FORM.—If the President considers it appropriate, 

24 reports transmitted under subsection (a), or appropriate 

25 parts thereof, may be transmitted in classified form. 
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1 SEC. 904. REPORT ON CHINA ARMS TRANSFER POLICIES OF 

2 COUNTRIES PARTICIPATING IN UNITED 

3 STATES DEFENSE COOPERATIVE PROJECTS; 

4 CERTAIN LICENSE REQUIREMENTS. 

5 (a) STATEMENT OF POLICY.—Congress is concerned 

6 with the significant additional risk of unlawful use and 

7 diversion of sensitive United States weapons system re8 search, design, and development arising from cooperative 

9 research and development projects with foreign govern10 ments and foreign persons who may also transfer arms 

11 and related technology to the People’s Republic of China. 

12 (b) REPORT.—The President shall, at the times spec13 ified in subsection (c), transmit to the appropriate con14 gressional committees a report that— 

15 (1) identifies every foreign government with re16 spect to which the United States is carrying out a 

17 cooperative project described in subsection (d) and 

18 whose policies or practices, on or after the date of 

19 the enactment of this Act, permit the export of any 

20 item described in paragraph (1), or subparagraph 

21 (A) or (B) of paragraph (2), of section 903(a); and 

22 (2) describes the cooperative projects and poli23 cies or practices referred to in paragraph (1) of 

24 every foreign government identified under such para25 graph. 
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1 (c) TIMING OF REPORT.—The report required under 

2 subsection (b)— 

3 (1) shall be transmitted not later than 180 days 

4 after the date of the enactment of this Act and not 

5 later than the end of each 12-month period there6 after; and 

7 (2) may be included in the report required 

8 under section 903, as the President determines ap9 propriate. 

10 (d) COOPERATIVE PROJECTS.—The cooperative 

11 projects referred to in subsection (b) are projects carried 

12 out under section 27 of the Arms Export Control Act (22 

13 U.S.C. 2767) or section 2350a, 2358, or a memorandum 

14 of understanding under section 2531 of title 10, United 

15 States Code. 

16 (e) LICENSE REQUIREMENTS.— 

17 (1) REQUIREMENT.—Notwithstanding any 

18 other provision of law, a license under section 38 of 

19 the Arms Export Control Act (22 U.S.C. 2778) shall 

20 be required for the export of defense articles or de21 fense services by any person who is not an officer or 

22 employee of the Government of the United States in 

23 furtherance of a cooperative project described in 

24 subsection (d) with a country identified in a report 

25 transmitted under subsection (b). 
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1 (2) CONGRESSIONAL NOTIFICATION.—The 

2 issuance of a license pursuant to paragraph (1) shall 

3 be subject to the same requirements as are applica4 ble to the export of items described in section 36(c) 

5 of the Arms Export Control Act (22 U.S.C. 2776(c)) 

6 (without regard to the dollar amount requirements 

7 relating to contracts contained in such section), in8 cluding the transmittal of information and the appli9 cation of congressional review procedures in accord10 ance with such section. 

11 (3) EXCEPTIONS.—The Secretary of State shall 

12 not be required to apply the license requirement of 

13 paragraph (1)— 

14 (A) in the case of contracts or sub15 contracts in effect on the date of the enactment 

16 of this Act, including the exercise of options for 

17 production quantities to satisfy United States 

18 operational military requirements; 

19 (B) if the Secretary determines in writing 

20 that the person or other entity to which the ex21 port of defense articles or defense services 

22 would be made is a sole source supplier of the 

23 articles or services, that the articles or services 

24 are essential, and that the articles or services 

25 are not readily or reasonably available; 
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1 (C) in the case of routine servicing and 

2 maintenance, to products or services provided 

3 under contracts entered into before transmittal 

4 of the report required under subsection (b), if 

5 the Secretary determines in writing that alter6 native sources are not readily or reasonably 

7 available; or 

8 (D) with respect to other defense articles 

9 or defense services, the export of which without 

10 a license the Secretary determines in writing is 

11 essential to the national security of the United 

12 States and provides written notification thereof 

13 to the appropriate congressional committees. 

14 (4) PUBLICATION IN THE FEDERAL REG15 ISTER.—The Secretary of State shall publish in the 

16 Federal Register each determination made under 

17 paragraph (3). 

18 SEC. 905. CERTAIN FOREIGN OWNERSHIP AND CONTROL 

19 OF DEFENSE ARTICLES IN THE UNITED 

20 STATES. 

21 (a) STATEMENT OF POLICY.—Congress determines 

22 that special care should be taken by the United States 

23 with respect to foreign persons who sell arms and related 

24 technology to the People’s Republic of China, while simul25 taneously seeking ownership of United States defense arti-
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1 cles or defense services, including the results of United 

2 States Government funded defense research and develop3 ment, through the acquisition or control of United States 

4 defense firms, directly or through their subsidiaries and 

5 affiliates based in the United States. 

6 (b) LICENSE REQUIREMENTS.— 

7 (1) REQUIREMENT.—The President shall re8 quire a license pursuant to regulations issued under 

9 section 38(g)(6) of the Arms Export Control Act (22 

10 U.S.C. 2778(g)(6)) for the transfer of ownership or 

11 control of United States defense articles or defense 

12 services arising from the acquisition or control of a 

13 person required to be registered under section 

14 38(b)(1) of such Act (22 U.S.C. 2778(b)(1)), or any 

15 subsidiary, division, affiliate or other entity thereof, 

16 whenever the person gaining acquisition or control 

17 is— 

18 (A) a foreign national of the People’s Re19 public of China or a foreign person otherwise 

20 subject to the jurisdiction, ownership, or control 

21 of the People’s Republic of China; 

22 (B) a foreign person identified in a report 

23 transmitted under section 903 or having its 

24 principal place of business in a country de-
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1 scribed in a report transmitted under section 

2 904; or 

3 (C) a United States person owned or con4 trolled by a foreign person, including a sub5 sidiary or affiliate of a foreign person described 

6 in subparagraph (B). 

7 (2) ADDITIONAL REQUIREMENT.—A license 

8 under section 38(g)(6) of the Arms Export Control 

9 Act for a person described in paragraph (1)(A) shall 

10 not be issued until 30 days after the date on which 

11 the President transmits a report that contains a de12 termination of the President that— 

13 (A) the Government of the People’s Repub14 lic of China meets the requirements of section 

15 902(b)(1) of the Foreign Relations Authoriza16 tion Act, Fiscal Years 1990 and 1991 (Public 

17 Law 101–246; 22 U.S.C. 2151 note); or 

18 (B) it is in the national interest of the 

19 United States to issue the license. 

20 (c) CONGRESSIONAL NOTIFICATION.—The issuance 

21 of a license pursuant to subsection (b) shall be subject 

22 to the same requirements as are applicable to the export 

23 of items described in section 36(c) of the Arms Export 

24 Control Act (22 U.S.C. 2776(c)) (without regard to the 

25 dollar amount requirements relating to contracts con-
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1 tained in such section), including the transmittal of infor2 mation and the application of congressional review proce3 dures in accordance with such section. 

4 (d) EXCEPTION.—The issuance of a license pursuant 

5 to subsection (b) shall not be required in the case of an 

6 amendment to a munitions license or a change in registra7 tion arising from a sale or transfer of ownership or control 

8 of United States defense articles or defense services to a 

9 person described in subparagraph (A), (B), or (C) of sub10 section (b)(1) that was approved prior to the date of en11 actment of this Act unless the President determines that 

12 it is in the national security interests of the United States 

13 to require the issuance of a new license pursuant to sub14 section (b). 

15 SEC. 906. CHINESE MILITARY END USE OF DUAL USE EX16 PORTS. 

17 (a) STATEMENT OF POLICY.—Congress welcomes the 

18 understanding reached at the Wassenaar Arrangement’s 

19 December 2003 plenary meeting to require governmental 

20 authorization for the transfer of non-listed dual use items 

21 intended for military end use in a destination subject to 

22 any relevant regional arms embargo or to any United Na23 tions Security Council resolution. 

24 (b) REPORTS.— 
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1 (1) REPORT TO SECRETARY OF COMMERCE.— 

2 As prescribed in regulations issued under the Export 

3 Administration Act of 1979 (as continued in effect 

4 under the International Emergency Economic Pow5 ers Act), a United States person who exports an 

6 item described in subparagraph (A) or (B) of section 

7 903(a)(2) for military end use shall, not later than 

8 15 days after the item is exported, submit to the 

9 Secretary of Commerce a report that contains a de10 scription of all shipment information, including a de11 scription of the item and the quantity, value, port of 

12 exit, and end user. 

13 (2) REPORT TO CONGRESS.—Not later than 60 

14 days after the end of each calendar quarter, the Sec15 retary of Commerce shall submit to the appropriate 

16 congressional committees a written report that con17 tains a compilation all of information submitted in 

18 each report to the Secretary under paragraph (1) for 

19 the prior calendar quarter. 

20 (c) DEFINITION.—In this section, the term ‘‘military 

21 end use’’ means, with respect to an item, the item is or 

22 may be intended, entirely or in part, for use in conjunction 

23 with an item described on the Wassenaar Munitions List 

24 of July 12, 1996, and subsequent revisions. 
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1 SEC. 907. APPLICATION OF MEASURES TO CERTAIN FOR2 EIGN PERSONS. 

3 (a) APPLICATION OF MEASURES.—Subject to sec4 tions 908 and 909, the President may apply with respect 

5 to any foreign person (including a foreign government) 

6 identified in a report transmitted under section 903, and 

7 shall apply with respect to any foreign person (including 

8 a foreign government) identified in more than one report 

9 transmitted under section 903, any or all of the following 

10 measures: 

11 (1) RESEARCH AND DEVELOPMENT.—Denial of 

12 participation in existing and new cooperative re13 search and development programs and projects 

14 under section 27 of the Arms Export Control Act 

15 (22 U.S.C. 2767) or sections 2350a, 2358, or a 

16 memorandum of understanding under 2531 of title 

17 10, United States Code. 

18 (2) CONTROL OF UNITED STATES DEFENSE

19 FIRMS.—Prohibition of ownership and control of any 

20 business organization required to be registered with 

21 the United States Government as a manufacturer or 

22 exporter of defense articles or defense services under 

23 section 38(b)(1) of the Arms Export Control Act (22 

24 U.S.C. 2778(b)(1)). 

25 (3) SECURITY ASSISTANCE.—Prohibition on 

26 participation in any foreign military sales under 
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1 chapter 2 of the Arms Export Control Act (22 

2 U.S.C. 2761 et seq.) or any design and construction 

3 sales under chapter 2A of such Act (22 U.S.C. 

4 2769). 

5 (4) MUNITIONS LIST APPROVALS.—Prohibition 

6 on licenses and other forms of approval under sec7 tion 38 of the Arms Export Control Act (22 U.S.C. 

8 2778) for the export of any item on the United 

9 States Munitions List as in effect on August 8, 

10 1995. 

11 (b) APPLICATION OF ADDITIONAL MEASURES.—Sub12 ject to sections 908 and 909, and notwithstanding any 

13 other provision of law, the President may, with respect to 

14 any foreign person (including a foreign government) iden15 tified in a report transmitted under section 903, and shall, 

16 with respect to any foreign person (including a foreign 

17 government) identified in more than one report trans18 mitted under section 903— 

19 (1) suspend the use of any license exemption 

20 and expedited license procedure established in the 

21 International Traffic in Arms Regulations or other 

22 provisions of law for the export or temporary import 

23 of defense articles and defense services; 
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1 (2) require the execution of a non-transfer and 

2 end use certificate for the export of any defense arti3 cles and defense services; and 

4 (3) require, as a condition of issuance of any li5 cense for the export of defense articles and defense 

6 services, United States access to and verification of 

7 the items after the export of the items or alternative 

8 measures to ensure compliance with restrictions on 

9 the transfer of the items to third-parties. 

10 (c) EFFECTIVE DATE OF MEASURES.—Measures ap11 plied pursuant to subsection (a) or (b) shall be effective 

12 with respect to a foreign person (including a foreign gov13 ernment) no later than— 

14 (1) 30 days after the report identifying the for15 eign person is transmitted, if the report is trans16 mitted on or before the date required by section 

17 903(b); or 

18 (2) on the date that the report identifying the 

19 foreign person is transmitted, if the report is trans20 mitted more than 30 days after the date required by 

21 section 903(b). 

22 (d) DURATION OF MEASURES.—Measures applied 

23 pursuant to subsection (a) shall be for a period of 2 years 

24 or longer, as the President determines appropriate. Meas25 ures applied pursuant to subsection (b) shall be, at a min-
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1 imum, consistent with the duration of the license and the 

2 normal requirements for record keeping established in the 

3 International Traffic in Arms Regulations or longer, as 

4 the President determines appropriate. 

5 (e) PUBLICATION IN FEDERAL REGISTER.—The ap6 plication of measures to a foreign person pursuant to sub7 section (a) or (b) shall be announced by notice published 

8 in the Federal Register, except if the President determines 

9 that doing so would be inconsistent with the protection 

10 of classified information. 

11 SEC. 908. PROCEDURES IF DISCRETIONARY MEASURES ARE 

12 NOT APPLIED. 

13 (a) REQUIREMENT TO NOTIFY CONGRESS.—If the 

14 President does not exercise the authority of subsection (a) 

15 or (b) of section 907 to apply any or all of the discre16 tionary measures described in such subsection with respect 

17 to a foreign person identified in a report transmitted 

18 under section 903, the President shall so notify the appro19 priate congressional committees not later than the effec20 tive date under section 907(c) for measures with respect 

21 to that person. 

22 (b) WRITTEN JUSTIFICATION.—Any notification 

23 transmitted by the President under subsection (a) shall 

24 include a written justification describing in detail the facts 

25 and circumstances relating specifically to the foreign per-
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1 son identified in a report transmitted under section 903 

2 that support the President’s decision not to exercise the 

3 authority of subsection (a) or (b) of section 907 with re4 spect to that person. 

5 (c) FORM.—If the President considers it appropriate, 

6 the notification of the President under subsection (a), and 

7 the written justification under subsection (b), or appro8 priate parts thereof, may be transmitted in classified form. 

9 SEC. 909. DETERMINATIONS EXEMPTING FOREIGN PER10 SONS FROM MANDATORY MEASURES. 

11 (a) WAIVER.—Any mandatory measure described in 

12 section 907 shall not apply with respect to a foreign per13 son if the President transmits to the appropriate congres14 sional committees a report that contains a determination 

15 of the President that— 

16 (1) on the basis of information provided by that 

17 person or the foreign government having primary ju18 risdiction over the person, the person did not, on or 

19 after January 1, 2005, knowingly export to the Peo20 ple’s Republic of China the item the apparent export 

21 of which caused the person to be identified in a re22 port transmitted under section 903; or 

23 (2) the foreign government having primary ju24 risdiction over the person has entered into a written 

25 agreement with the United States which— 
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1 (A) is binding under international law; 

2 (B) prohibits further exports of any item 

3 described in paragraph (1), or subparagraph 

4 (A) or (B) of paragraph (2), of section 903(a) 

5 by any person subject to its jurisdiction; 

6 (C) is supported by the foreign govern7 ment’s adoption of policies and procedures pro8 viding for credible implementation of the re9 quirements in subparagraphs (A) and (B); 

10 (D) does not constrain the President’s au11 thority to impose measures under this act in 

12 the event of a future export of concern by the 

13 same or other persons subject to the jurisdic14 tion of the foreign government party to the 

15 agreement; and 

16 (E) is submitted to the appropriate con17 gressional committees 30 days prior to its entry 

18 into force. 

19 (b) ADDITIONAL WAIVER.—Any mandatory measure 

20 described in section 907 shall not apply to a foreign person 

21 if the President determines that it is important to the 

22 counterterrorism, nonproliferation, or other national secu23 rity interests of the United States and transmits to the 

24 appropriate congressional committees a report in writing 

25 that contains such determination. 
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1 (c) SENSE OF CONGRESS.—It is the sense of Con2 gress that the President should— 

3 (1) strengthen international coordination and 

4 execution of arms export policy through the develop5 ment of bilateral and multilateral agreements under 

6 subsection (a)(2), particularly with member states of 

7 the North Atlantic Treaty Organization (NATO), 

8 Japan, Australia and New Zealand, and exercise the 

9 waivers provided under this section in all appro10 priate instances that further this objective; and 

11 (2) whenever the President determines that the 

12 measures described in section 907 should be applied, 

13 that the measures be applied comprehensively with 

14 respect to the affected foreign person’s affiliates and 

15 subsidiaries, wherever located, in order to deter to 

16 the fullest extent possible a recurrence or continu17 ation of the export giving rise to the President’s de18 termination. 

19 (d) FORM.—If the President considers it appropriate, 

20 the determination and report of the President under sub21 section (a), or appropriate parts thereof, may be trans22 mitted in classified form. 

23 SEC. 910. DEFINITIONS. 

24 In this title: 
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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on International Rela5 tions and the Committee on Armed Services of 

6 the House of Representatives; and 

7 (B) the Committee on Foreign Relations 

8 and the Committee on Armed Services of the 

9 Senate. 

10 (2) DEFENSE ARTICLES AND DEFENSE SERV11 ICES.—The term ‘‘defense articles and defense serv12 ices’’ has the meaning given the term in section 

13 47(7) of the Arms Export Control Act (22 U.S.C. 

14 2794 note). 

15 (3) DUAL USE.—The term ‘‘dual use’’ means, 

16 with respect to goods or technology, those goods or 

17 technology that are specifically designed or devel18 oped for civil purposes but which also may be used 

19 or deployed in a military or proliferation mode. Such 

20 term does not include purely commercial items. 

21 (4) EXPORT.—The term ‘‘export’’ has the 

22 meaning given that term in section 120.17 of the 

23 International Traffic in Arms Regulations, and in24 cludes re-exports, transfers, and retransfers by any 

25 means. 
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1 (5) EXPORT ADMINISTRATION REGULATIONS.— 

2 The term ‘‘Export Administration Regulations’’ 

3 means those regulations contained in sections 730 

4 through 774 of title 15, Code of Federal Regulations 

5 (or successor regulations). 

6 (6) FOREIGN GOVERNMENT.—The term ‘‘for7 eign government’’ has the meaning given the term in 

8 section 38(g)(9)(B) of the Arms Export Control Act 

9 (22 U.S.C. 2778(g)(9)(B)). 

10 (7) FOREIGN PERSON.—The term ‘‘foreign per11 son’’ has the meaning given the term in section 

12 38(g)(9)(C) of the Arms Export Control Act (22 

13 U.S.C. 2778(g)(9)(C)). 

14 (8) GOOD.—The term ‘‘good’’ has the meaning 

15 given the term in section 16(3) of the Export Ad16 ministration Act of 1979 (50 U.S.C. App. 2415(3)). 

17 (9) INTERNATIONAL TRAFFIC IN ARMS REGULA18 TIONS.—The term ‘‘International Traffic in Arms 

19 Regulations’’ means those regulations contained in 

20 sections 120 through 130 of title 22, Code of Fed21 eral Regulations (or successor regulations). 

22 (10) ITEM.—The term ‘‘item’’ means any good 

23 or technology, defense article or defense service sub24 ject to the export jurisdiction of the United States 

25 under law or regulation. 
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1 (11) LICENSE.—The term ‘‘license’’ means an 

2 official written document of the United States Gov3 ernment issued pursuant to the Export Administra4 tion Regulations or the International Traffic in 

5 Arms Regulations, as the case may be, authorizing 

6 a specific export. 

7 (12) OTHER FORMS OF APPROVAL.—The term 

8 ‘‘other forms of approval’’ includes any authoriza9 tion, rule or exemption contained in any statute or 

10 regulation that permits an export without a license. 

11 (13) OWNERSHIP OR CONTROL.—The term 

12 ‘‘ownership or control’’ has the meaning given the 

13 term in section 122.2(c) of the International Traffic 

14 in Arms Regulations. 

15 (14) PERSON.—The term ‘‘person’’ has the 

16 meaning given the term in section 38(g)(9)(E) of 

17 the Arms Export Control Act (22 U.S.C. 

18 2778(g)(9)(E)). 

19 (15) TECHNOLOGY.—The term ‘‘technology’’ 

20 has the meaning given the term in section 16(4) of 

21 the Export Administration Act of 1979 (50 U.S.C. 

22 App. 2415(4)). 

23 (16) UNITED STATES MUNITIONS LIST.—The 

24 term ‘‘United States Munitions List’’ means the list 
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1 referred to in section 38(a)(1) of the Arms Export 

2 Control Act (22 U.S.C. 2778(a)(1)). 

3 TITLE X—FOREIGN ASSISTANCE 

4 PROVISIONS 

5 Subtitle A—Foreign Assistance Act 

6 of 1961 and Related Provisions 

7 CHAPTER 1—PART I OF THE FOREIGN 

8 ASSISTANCE ACT OF 1961 

9 SEC. 1001. ASSISTANCE TO ESTABLISH CENTERS FOR THE 

10 TREATMENT OF OBSTETRIC FISTULA IN DE11 VELOPING COUNTRIES. 

12 (a) AMENDMENT.—Section 104(c) of the Foreign As13 sistance Act of 1961 (22 U.S.C. 2151b(c)) is amended— 

14 (1) by redesignating paragraph (4) as para15 graph (5); and 

16 (2) by inserting after paragraph (3) the fol17 lowing new paragraph: 

18 ‘‘(4)(A) In carrying out the purposes of this sub19 section, the President is authorized to furnish assistance, 

20 on such terms and conditions as the President may deter21 mine, for the establishment and operation of not less than 

22 twelve centers for the treatment and prevention of obstet23 ric fistula at appropriate sites in developing countries. 

24 ‘‘(B) In selecting sites for the establishment of cen25 ters pursuant to subparagraph (A), the President should 
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1 seek the consultation and advice of United States embassy 

2 officials, appropriate nongovernmental organizations, and 

3 local government officials in developing countries with 

4 high rates of obstetric fistula, with particular emphasis on 

5 countries in Africa. 

6 ‘‘(C) Each center established pursuant to subpara7 graph (A) shall, to the maximum extent practicable, carry 

8 out the following repair and rehabilitation activities: 

9 ‘‘(i) The provision of surgery to repair obstetric 

10 fistula in women who do not otherwise have the re11 sources to pay for such surgery and the provision of 

12 necessary post-surgery care and support for such 

13 women. 

14 ‘‘(ii) increased access for women to emergency 

15 obstetrical care, including increased access to skilled 

16 birth attendants and care facilities. 

17 ‘‘(iii) Assistance related to surgery and post18 surgery care and support described in clause (i), in19 cluding the provision of transportation to and from 

20 the center for women in need of such transportation 

21 and the provision of necessary temporary shelter and 

22 food assistance to women in need of such shelter and 

23 food assistance. 
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1 ‘‘(D) Each center established pursuant to subpara2 graph (A) may carry out the following prevention activi3 ties: 

4 ‘‘(i) Activities to reduce the incidence of obstet5 ric fistula, including the conduct of appropriate sem6 inars and the dissemination of appropriate edu7 cational materials, such as brochures, pamphlets, 

8 and posters. 

9 ‘‘(ii) Activities to expand abstinence education, 

10 postponement of marriage and childbearing until 

11 after the teenage years, and activities to expand ac12 cess to family planning services for the prevention of 

13 pregnancies among women whose age or health sta14 tus place them at high risk of prolonged or ob15 structed childbirth. 

16 ‘‘(E) Each center established pursuant to subpara17 graph (A) shall, to the maximum extent practicable, en18 sure that women who suffer from obstetric fistula as a 

19 result of sexual abuse during conflicts or as a result of 

20 official abuse receive preference in receiving services de21 scribed in clauses (i), (ii), and (iii) of subparagraph (C). 

22 ‘‘(F) Not later than January 31, 2008, the President 

23 shall prepare and transmit to Congress a report on the 

24 implementation of this paragraph for fiscal years 2006 

25 and 2007. 
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1 ‘‘(G) In this paragraph, the term ‘obstetric fistula’ 

2 means a rupture or hole in tissues surrounding a woman’s 

3 vagina, bladder, or rectum that occurs when the woman 

4 is in obstructed childbirth for a prolonged period of time 

5 without adequate medical attention.’’. 

6 (b) FUNDING.—Of the amounts made available for 

7 each of the fiscal years 2006 and 2007 to carry out sec8 tions 104 and 496 of the Foreign Assistance Act of 1961 

9 (22 U.S.C. 2151b and 2293), $5,000,000 for fiscal year 

10 2006 and $7,500,000 for fiscal year 2007 is authorized 

11 to be available to carry out section 104(c)(4) of such Act 

12 (as added by subsection (a)). 

13 SEC. 1002. SUPPORT FOR SMALL AND MEDIUM ENTER14 PRISES IN SUB-SAHARAN AFRICA. 

15 Section 240 of the Foreign Assistance Act of 1961 

16 (22 U.S.C. 2200) is amended by adding at the end the 

17 following: 

18 ‘‘(c) SUPPORT FOR SMALL AND MEDIUM ENTER19 PRISES IN SUB-SAHARAN AFRICA.— 

20 ‘‘(1) SUPPORT.—The Corporation is com21 mended for its activities in support of the develop22 ment of small and medium enterprises, and is en23 couraged to exercise its authorities to promote in24 vestments in financial institutions that are duly in25 corporated in sub-Saharan African countries, to the 
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1 extent that the purpose of such investments is to ex2 pand investment and lending opportunities to small 

3 and medium enterprises that— 

4 ‘‘(A) are substantially owned by nationals 

5 of sub-Saharan African countries; and 

6 ‘‘(B) are engaged in domestic commerce or 

7 international trade in sectors such as housing, 

8 agriculture, fishing, textiles and apparel, tour9 ism, electronics, technology, manufacturing, and 

10 services. 

11 ‘‘(2) CONSIDERATION.—In making a determina12 tion to provide insurance and financing to financial 

13 institutions referred to in paragraph (1), the Cor14 poration should take into consideration the extent to 

15 which a project establishes and implements a non16 discrimination in lending policy to prohibit discrimi17 nation based on ethnicity, sex, color, race, religion, 

18 physical disability, marital status, or age. 

19 ‘‘(3) TECHNICAL ASSISTANCE.—In supporting a 

20 project referred to in paragraph (1), the Corporation 

21 may provide technical assistance to— 

22 ‘‘(A) improve the quality of management of 

23 financial institutions referred to in paragraph 

24 (1) to ensure the safety and stability of such in25 stitutions; 
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1 ‘‘(B) create in such financial institutions 

2 effective credit risk management systems to im3 prove the quality of the assets of such institu4 tions and the ability of such institutions to re5 search and assess the overall credit risk of crit6 ical industries in the domestic economy; and 

7 ‘‘(C) support effective credit risk manage8 ment by developing internal credit rating sys9 tems and credit assessment tools that improve 

10 the ability of such financial institutions to 

11 evaluate individual credit worthiness and meas12 ure the overall amount of risk posed by the 

13 total number of borrowers.’’. 

14 SEC. 1003. ASSISTANCE TO SUPPORT DEMOCRACY IN 

15 ZIMBABWE. 

16 Of the amounts made available for each of the fiscal 

17 years 2006 and 2007 to carry out chapters 1 and 10 of 

18 part I of the Foreign Assistance Act of 1961 and chapter 

19 4 of part II of such Act, $12,000,000 for each such fiscal 

20 year is authorized to be available, consistent with the pro21 visions of the Zimbabwe Democracy and Economic Recov22 ery Act of 2001 (Public Law 107–99; 22 U.S.C. 2151 

23 note), to support— 

24 (1) the restoration of democratic legitimacy and 

25 foster a free and fair electoral process in Zimbabwe, 
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1 particularly through legislative process training for 

2 members of Parliament; 

3 (2) capacity building for civil society organiza4 tions to effectively provide information on the polit5 ical process to citizens, defend the legal rights of mi6 norities, women and youth, document the level of ad7 herence by the Government of Zimbabwe to national 

8 and international civil and human rights standards, 

9 and monitor and report on the entire electoral proc10 ess in Zimbabwe; 

11 (3) organizational capacity-building training for 

12 political parties in Zimbabwe; 

13 (4) poll watcher training for party and civil so14 ciety election observers in Zimbabwe; and 

15 (5) the reestablishment of independent media 

16 through overseas broadcasts and Internet sites. 

17 SEC. 1004. RESTRICTIONS ON UNITED STATES VOLUNTARY 

18 CONTRIBUTIONS TO THE UNITED NATIONS 

19 DEVELOPMENT PROGRAM. 

20 (a) LIMITATION.—Of the amounts made available for 

21 each of fiscal years 2006 and 2007 for United States vol22 untary contributions to the United Nations Development 

23 Program, an amount equal to the amount the United Na24 tions Development Program will spend in Burma during 

25 each fiscal year (including all funds administered by the 
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1 United Nations Development Program in Burma) shall be 

2 withheld unless during such fiscal year the Secretary of 

3 State submits to the appropriate congressional committees 

4 the certification described in subsection (b). 

5 (b) CERTIFICATION.—The certification referred to in 

6 subsection (a) is a certification by the Secretary that all 

7 programs and activities of the United Nations Develop8 ment Program (including all programs and activities ad9 ministered by the United Nations Development Program) 

10 in Burma— 

11 (1) are focused on eliminating human suffering 

12 and addressing the needs of the poor; 

13 (2) are undertaken only through international 

14 or private voluntary organizations that are inde15 pendent of the State Peace and Development Coun16 cil (SPDC) (formerly the State Law and Order Res17 toration Council or SLORC); 

18 (3) provide no financial, political, or military 

19 benefit, including the provision of goods, services, or 

20 per diems, to the SPDC or any agency or entity of, 

21 or affiliated with, the SPDC, including any entity 

22 whose members are ineligible for admission to the 

23 United States by reason of such membership under 

24 any provision of section 212(a) of the Immigration 

25 and Nationality Act (8 U.S.C. 1182(a)) (including 
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1 the Myanmar Maternal and Child Welfare Associa2 tion (MMCWA), the Myanmar Council of Churches 

3 (MCC), the Myanmar Medical Association (MMA), 

4 the Myanmar Women Affairs Federation (MWAF), 

5 and the Union of Solidarity Development Association 

6 (USDA)); and 

7 (4) are carried out only after consultation with 

8 the leadership of the National League for Democ9 racy and the leadership of the National Coalition 

10 Government of the Union of Burma. 

11 (5) REPORT.—Not later than 180 days after 

12 the date of the enactment of this Act and every 180 

13 days thereafter during fiscal years 2006 and 2007, 

14 the Secretary shall submit to the appropriate con15 gressional committees a report on— 

16 (A) all programs and activities of the 

17 United Nations Development Program (includ18 ing all programs and activities administered by 

19 the United Nations Development Program) in 

20 Burma; and 

21 (B) all recipients and subrecipients of 

22 funds provided under such programs and activi23 ties. 
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1 SEC. 1005. ASSISTANCE FOR THE OFFICE OF THE POLICE 

2 OMBUDSMAN FOR NORTHERN IRELAND. 

3 Of the amounts made available for each of the fiscal 

4 years 2006 and 2007 to carry out section 481 of the For5 eign Assistance Act of 1961 (22 U.S.C. 2291), $100,000 

6 for each such fiscal year is authorized to be available for— 

7 (1) specialized investigative training, including 

8 training in the United States, of personnel of the 

9 Office of the Police Ombudsman for Northern Ire10 land; and 

11 (2) advisory support to the Office of the Police 

12 Ombudsman for Northern Ireland for the develop13 ment and strengthening of its investigative capacity 

14 in order to ensure that policing in Northern Ireland 

15 is carried out in compliance with internationally rec16 ognized human rights standards. 

17 SEC. 1006. REPORT ON FOREIGN LAW ENFORCEMENT 

18 TRAINING AND ASSISTANCE. 

19 Section 489(a) of the Foreign Assistance Act of 1961 

20 (22 U.S.C. 2291h(a)), as amended by section 317(d) of 

21 this Act, is further amended by adding at the end the fol22 lowing new paragraph: 

23 ‘‘(9)(A) A separate section on all foreign law 

24 enforcement training and assistance that is provided 

25 to foreign law enforcement personnel and other re26 lated governmental authorities by the Department of 
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1 State, the Department of Defense, the Department 

2 of Justice, and the United States Agency for Inter3 national Development during the previous fiscal year 

4 and all such training proposed for the current fiscal 

5 year. 

6 ‘‘(B) The section on foreign law enforcement 

7 training and assistance shall include the following: 

8 ‘‘(i) For each law enforcement training ac9 tivity— 

10 ‘‘(I) the purpose of the activity and 

11 the foreign policy justification for the ac12 tivity; 

13 ‘‘(II) the number of foreign law en14 forcement personnel who are provided 

15 training, their units of operation, and 

16 countries of origin; 

17 ‘‘(III) the type of training activity; 

18 ‘‘(IV) the location of the training ac19 tivity; 

20 ‘‘(V) the department or agency of the 

21 United States Government which is con22 ducting the training, by unit or office; and 

23 ‘‘(VI) the cost of the training activity 

24 and the specific budgetary account from 

25 which the cost is paid. 
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1 ‘‘(ii) For other law enforcement assist2 ance— 

3 ‘‘(I) the purpose of the assistance and 

4 the foreign policy justification for the as5 sistance; 

6 ‘‘(II) the type of assistance; 

7 ‘‘(III) the department or agency of 

8 the United States Government which is 

9 providing the assistance, by unit or office, 

10 where applicable; and 

11 ‘‘(IV) the cost of the assistance and 

12 the specific budgetary account from which 

13 the cost is paid. 

14 ‘‘(iii) For each country— 

15 ‘‘(I) the aggregate number of students 

16 trained; 

17 ‘‘(II) the aggregate cost of the law en18 forcement training and other law enforce19 ment assistance; and 

20 ‘‘(III) a plan describing the law en21 forcement assistance and rule of law pro22 grams of the relevant departments and 

23 agencies of the United States Government. 
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1 ‘‘(C) FORM.—The report required by this para2 graph shall be in unclassified form but may include 

3 a classified annex.’’. 

4 SEC. 1007. REQUIREMENTS RELATING TO THE LARGEST EX5 PORTING AND IMPORTING COUNTRIES OF 

6 CERTAIN PRECURSOR CHEMICALS. 

7 (a) REPORTING REQUIREMENTS.—Section 489(a) of 

8 the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)), 

9 as amended by sections 317(d) and 906 of this Act, is 

10 further amended by adding at the end the following new 

11 paragraph: 

12 ‘‘(10)(A) A separate section that contains the 

13 following: 

14 ‘‘(i) An identification of the five countries 

15 that exported the largest amount of 

16 pseudoephedrine, ephedrine, and phenyl17 propanolamine during the preceding calendar 

18 year. 

19 ‘‘(ii) An identification of the five countries 

20 that imported the largest amount of precursor 

21 chemicals described in clause (i) during the pre22 ceding calendar year and have the highest rate 

23 of diversion of such precursor chemicals for use 

24 in the illicit production of methamphetamine. 
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1 ‘‘(iii) An economic analysis of the total 

2 worldwide production of the precursor chemicals 

3 described in clause (i) as compared to the legiti4 mate demand for such precursor chemicals 

5 worldwide. 

6 ‘‘(B) The identification of countries that im7 ported the largest amount of precursor chemicals 

8 under subparagraph (A)(ii) shall be based on the fol9 lowing: 

10 ‘‘(i) An economic analysis that estimates 

11 the legitimate demand for such precursor 

12 chemicals in such countries as compared to the 

13 actual or estimated amount of such chemicals 

14 that is imported into such countries. 

15 ‘‘(ii) The best available data and other in16 formation regarding the production of meth17 amphetamine in such countries and the diver18 sion of such precursor chemicals for use in the 

19 production of methamphetamine.’’. 

20 (b) ANNUAL CERTIFICATION PROCEDURES.—Section 

21 490(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 

22 2291j(a)) is amended— 

23 (1) in paragraph (1), by striking ‘‘major illicit 

24 drug producing country or major drug-transit coun25 try’’ and inserting ‘‘major illicit drug producing 
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1 country, major drug-transit country, or country 

2 identified under clause (i) or (ii) of section 

3 489(a)(10)(A) of this Act’’; and 

4 (2) in paragraph (2), by inserting after ‘‘(as de5 termined under subsection (h))’’ the following: ‘‘or 

6 country identified under clause (i) or (ii) of section 

7 489(a)(10)(A) of this Act’’. 

8 SEC. 1008. ASSISTANCE FOR DISASTER MITIGATION EF9 FORTS. 

10 (a) FINDINGS.—Congress finds the following: 

11 (1) The devastating impacts of natural disas12 ters can be mitigated by assisting communities to 

13 build in safer locations, construct sturdier dwellings, 

14 enforce sound building codes and practices, and pro15 tect natural ecosystems. 

16 (2) By 2050, two billion people are expected to 

17 be especially vulnerable to floods due to growing 

18 populations, indiscriminate logging, rapid urbaniza19 tion, and increasing development along coasts and in 

20 other hazardous regions. 

21 (3) According to a study by the World Bank 

22 and the United States Geological Survey during the 

23 1990s, $40 billion invested in preventive measures 

24 could have saved $280 billion in disaster relief funds 

25 and saved countless lives. 
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the Secretary of State, in consultation with the 

3 heads of other appropriate departments and agencies of 

4 the Government of the United States, should develop an 

5 initiative to encourage the use of disaster mitigation tech6 niques, including techniques described in subsection 

7 (a)(1), by foreign governments in regions considered espe8 cially vulnerable to natural disasters. 

9 (c) AMENDMENT TO THE FOREIGN ASSISTANCE ACT

10 OF 1961.—Section 491(b) of the Foreign Assistance Act 

11 of 1961 (22 U.S.C. 2292(b)) is amended by adding at the 

12 end the following new sentence: ‘‘Assistance relating to 

13 disaster preparedness under the preceding sentence shall 

14 include assistance to encourage the use of disaster mitiga15 tion techniques, including to assist communities to build 

16 in safer locations, construct sturdier dwellings, enforce 

17 sound building codes and practices, and protect natural 

18 ecosystems.’’. 

19 SEC. 1009. ASSISTANCE TO PROMOTE DEMOCRACY IN 

20 BELARUS. 

21 Of the amounts made available for each of the fiscal 

22 years 2006 and 2007 to carry out chapters 11 and 12 

23 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 

24 2295 et seq. and 2296 et seq.) and the FREEDOM Sup25 port Act (22 U.S.C. 5801 et seq.), $12,000,000 for each 
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1 such fiscal year is authorized to be available for assistance 

2 for the promotion of democracy in the Republic of Belarus, 

3 including free and fair electoral processes, the develop4 ment of political parties and nongovernmental organiza5 tions, promoting democracy and respect for human rights 

6 and the rule of law, independent media, and international 

7 exchanges and training programs for leaders and members 

8 of the democratic forces that foster civil society. 

9 SEC. 1010. ASSISTANCE FOR MATERNAL AND PRENATAL 

10 CARE FOR CERTAIN INDIVIDUALS OF 

11 BELARUS AND UKRAINE INVOLVED IN THE 

12 CLEANUP OF THE CHORNOBYL DISASTER. 

13 Of the amounts made available for each of the fiscal 

14 years 2006 and 2007 to carry out chapters 11 and 12 

15 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 

16 2295 et seq. and 2296 et seq.) and the FREEDOM Sup17 port Act (22 U.S.C. 5801 et seq.), such sums as may be 

18 necessary for each such fiscal year are authorized to be 

19 available for assistance to improve maternal and prenatal 

20 care, especially for the purpose of helping prevent birth 

21 defects and pregnancy complications, for individuals in the 

22 Republic of Belarus and Ukraine involved in the cleanup 

23 of the region affected by the Chornobyl disaster. 
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1 SEC. 1011. ASSISTANCE TO ADDRESS NON-INFECTIOUS DIS2 EASES IN FOREIGN COUNTRIES. 

3 (a) STATEMENT OF POLICY.—Congress declares the 

4 following: 

5 (1) Medical evidence indicates that non-infec6 tious diseases, like heart disease and obesity, are on 

7 the rise worldwide. 

8 (2) In response to these statistics, the current 

9 allocation of funds appropriated to the United States 

10 Agency for International Development for Child Sur11 vival and Maternal Health, Vulnerable Children, 

12 HIV/AIDS, Infectious Diseases, Reproductive 

13 Health and Family Planning, and the Global Fund 

14 to Fight AIDS, Tuberculosis and Malaria does not 

15 address noninfectious diseases. 

16 (b) AUTHORIZATION OF ASSISTANCE.—The Presi17 dent, acting through the Administrator of the United 

18 States Agency for International Development, is author19 ized to provide assistance, on such terms and conditions 

20 as the President may determine, to address non-infectious 

21 diseases in foreign countries. 

22 CHAPTER 2—PART II OF THE FOREIGN 

23 ASSISTANCE ACT OF 1961 

24 SEC. 1021. ECONOMIC SUPPORT FUND ASSISTANCE FOR 

25 EGYPT. 

26 (a) FINDINGS.—Congress finds the following: 
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1 (1) Despite more than $28 billion in economic 

2 assistance provided by the United States to Egypt 

3 since 1975, Egypt’s economy and educational sys4 tems are underdeveloped and democratic develop5 ment remains extremely limited. Egypt remains near 

6 the bottom of many indices of growth and human 

7 development. 

8 (2) Egypt’s economic troubles, if not addressed 

9 through programs to develop Egypt’s private sector, 

10 could destabilize the country. 

11 (3) United States programs to promote growth 

12 in Egypt, including traditional development assist13 ance as well as programs that attempt to link dis14 bursement of cash assistance to the adoption of eco15 nomic reforms by the Government of Egypt, have 

16 had, at best, mixed success. 

17 (4) The United States has provided more than 

18 $32 billion in military assistance to Egypt since 

19 1979. 

20 (5) Egypt is currently at peace with all its 

21 neighbors. 

22 (6) Egypt and the United States entered into 

23 an agreement in March 2005, whereby Egypt under24 took to accomplish certain reform-oriented policies 

25 primarily related to its financial sector, and the 
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1 United States undertook, subject to its constitu2 tional processes, to provide Egypt with cash assist3 ance. This program of financial reform is important 

4 and should continue, supported by assistance in the 

5 form of cash transferred from the United States, but 

6 not in amounts in excess of amounts already agreed 

7 to and not for lesser policy reforms than have al8 ready been agreed to. 

9 (7) The model of an agreement for policy 

10 change between the United States and Egypt, simi11 lar but not identical to, the concept of a ‘‘Millen12 nium Challenge’’ compact that emphasizes perform13 ance and outcomes, would be a way to reinvigorate 

14 a program for the development of the Egyptian 

15 economy that has languished for years, and would 

16 give more Egyptians a stake in the proper planning 

17 and execution of programs to assist in their coun18 try’s development. 

19 (b) STATEMENT OF POLICY.—It shall be the policy 

20 of the United States— 

21 (1) to acknowledge that— 

22 (A) threats to Egypt’s stability derive far 

23 more from domestic problems, such as inad24 equate economic growth, deficient educational 
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1 and health-care systems, and lack of political 

2 freedom, than from external dangers; and 

3 (B) external threats to Egyptian stability 

4 are, in fact, minimal; 

5 (2) to provide non-military assistance to Egypt 

6 which results in actual, sustainable, and, to the ex7 tent possible, measurable outcomes in terms of eco8 nomic growth, poverty reduction, humanitarian con9 ditions, health, education, and political reform; 

10 (3) to restructure Egypt’s assistance package 

11 over time so as to diminish military assistance and 

12 end the reduction of economic assistance and to 

13 begin the process of this restructuring without delay; 

14 and 

15 (4) to ensure that this restructuring is done in 

16 such a manner that ensures that maintenance and 

17 spare parts for existing Egyptian military equipment 

18 is not jeopardized and that Egyptian military pur19 chases and projects to which the United States has 

20 already committed itself be funded fully in accord21 ance with previous understandings. 

22 (c) AMENDMENT TO THE FOREIGN ASSISTANCE ACT

23 OF 1961.— 

24 (1) IN GENERAL.—Chapter 4 of part II of the 

25 Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 
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1 seq; relating to the ‘‘Economic Support Fund’’) is 

2 amended by inserting after section 534 the following 

3 new section: 

4 ‘‘SEC. 535. REQUIREMENTS RELATING TO ASSISTANCE FOR 

5 EGYPT. 

6 ‘‘(a) REQUIREMENT FOR ASSISTANCE.—Assistance 

7 may be provided for Egypt under this chapter for a fiscal 

8 year only if Egypt provides to the United States for the 

9 fiscal year a proposal described in subsection (b) that is 

10 evaluated and approved in accordance with subsection (c). 

11 ‘‘(b) PROPOSAL.— 

12 ‘‘(1) IN GENERAL.—A proposal described in 

13 this subsection is a proposal that reflects Egyptian 

14 priorities to use assistance provided under this chap15 ter to meet the requirements of paragraph (2). 

16 ‘‘(2) REQUIREMENTS.—The requirements de17 scribed in this paragraph are— 

18 ‘‘(A) promoting economic growth (includ19 ing economic freedom); 

20 ‘‘(B) reducing poverty; 

21 ‘‘(C) improving humanitarian conditions 

22 among the poorest individuals in Egypt; 

23 ‘‘(D) improving education and health sys24 tems for the people of Egypt; 
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1 ‘‘(E) reducing corruption in the public and 

2 private sectors; and 

3 ‘‘(F) strengthening democratic institutions 

4 and individual freedoms. 

5 ‘‘(c) EVALUATION AND APPROVAL OF PROPOSAL.— 

6 ‘‘(1) EVALUATION.—The President, acting 

7 through the Secretary of State, and in consultation 

8 with the Secretary of the Treasury, the United 

9 States Trade Representative, and the Administrator 

10 of the United States Agency for International Devel11 opment, shall evaluate the proposal provided to the 

12 United States pursuant to subsection (a) to deter13 mine the extent to which the proposal meets the re14 quirements of subparagraphs (A) through (F) of 

15 subsection (b)(2). 

16 ‘‘(2) APPROVAL.—The President shall approve 

17 the proposal only if the President determines that— 

18 ‘‘(A) the proposal sufficiently meets the re19 quirements of subparagraphs (A) through (F) 

20 of subsection (b)(2) in a manner that achieves, 

21 in particular, lasting economic growth and pov22 erty reduction and substantially strengthened 

23 democratic institutions and individual freedoms; 

24 and 

25 ‘‘(B) the Government of Egypt— 
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1 ‘‘(i) has adopted and implemented re2 forms necessary to implement the proposal; 

3 ‘‘(ii) has implemented the proposal 

4 provided to the United States and ap5 proved for the prior fiscal year in accord6 ance with the requirements of subpara7 graphs (A) through (F) of subsection 

8 (b)(2); and 

9 ‘‘(iii) has demonstrated high stand10 ards of fiduciary controls and account11 ability with respect to assistance provided 

12 for Egypt under this chapter. 

13 ‘‘(d) SUSPENSION AND TERMINATION OF ASSIST14 ANCE.—The President, acting through the Secretary of 

15 State, may suspend or terminate assistance in whole or 

16 in part for Egypt under this chapter if the President de17 termines that the Government of Egypt is not imple18 menting the proposal in accordance with the requirements 

19 of subparagraphs (A) through (F) of subsection (b)(2). 

20 ‘‘(e) CASH ASSISTANCE.— 

21 ‘‘(1) REQUIREMENT.—Notwithstanding any 

22 other provision of this section, cash assistance may 

23 be provided to Egypt under this chapter for a fiscal 

24 year pursuant to the memorandum of understanding 

25 specified in paragraph (2) only if a proposal pro-
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1 vided to the United States pursuant to subsection 

2 (a) for the fiscal year has been evaluated and ap3 proved in accordance with subsection (c). 

4 ‘‘(2) MEMORANDUM OF UNDERSTANDING.—The 

5 memorandum of understanding specified in this 

6 paragraph is the memorandum of understanding 

7 agreed to by the Government of the United States 

8 and the Government of Egypt in March 2005, in9 cluding any modification to the memorandum of un10 derstanding, except— 

11 ‘‘(A) a modification to increase the 

12 amounts of assistance agreed to be provided 

13 under the memorandum of understanding; or 

14 ‘‘(B) a modification to reduce significantly 

15 the scope of, or to extend significantly the time 

16 for, the performance by Egypt of obligations 

17 that it has undertaken under the memorandum 

18 of understanding. 

19 ‘‘(f) CONGRESSIONAL NOTIFICATION.—Assistance 

20 may not be obligated for Egypt under this chapter until 

21 30 days after the date on which the President has pro22 vided notice thereof to the Committee on International Re23 lations and the Committee on Appropriations of the House 

24 of Representatives and to the Committee on Foreign Rela25 tions and the Committee on Appropriations of the Senate 
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1 in accordance with the procedures applicable to re2 programming notifications under section 634A(a) of this 

3 Act. 

4 ‘‘(g) REPORT.—The President, acting through the 

5 Secretary of State, shall prepare and transmit to the Com6 mittee on International Relations of the House of Rep7 resentatives and the Committee on Foreign Relations of 

8 the Senate a report for each fiscal year that contains— 

9 ‘‘(1) the proposal provided to the United States 

10 pursuant to subsection (a) for the fiscal year; and 

11 ‘‘(2) the evaluation of the proposal carried out 

12 pursuant to subsection (c)(1). 

13 ‘‘(h) RULE OF CONSTRUCTION.—The provisions of 

14 this section or subsections (d) or (f) of section 1021 of 

15 the Foreign Relations Authorization Act, Fiscal Years 

16 2006 and 2007, shall not be superseded except by a provi17 sion of law enacted after the date of the enactment of such 

18 Act, which specifically repeals, modifies, or supersedes the 

19 provisions of this section or subsections (d) or (f) of sec20 tion 1021 of such Act, as the case may be.’’. 

21 (2) EFFECTIVE DATE.—The amendment made 

22 by paragraph (1) shall apply with respect to assist23 ance for Egypt under chapter 4 of part II of the 

24 Foreign Assistance Act of 1961 for fiscal year 2007 

25 and each subsequent fiscal year. 
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1 (d) MILITARY ASSISTANCE LEVELS FOR EGYPT; 

2 TRANSFER REQUIREMENT.—The following amounts avail3 able for assistance for Egypt under section 23 of Arms 

4 Export Control Act (22 U.S.C. 2763; relating to the ‘‘For5 eign Military Financing’’ program) shall be transferred to 

6 and consolidated with amounts available for assistance for 

7 Egypt under chapter 4 of part II of the Foreign Assist8 ance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the 

9 ‘‘Economic Support Fund’’): 

10 (1) For fiscal year 2006, the amount that ex11 ceeds $1,260,000,000. 

12 (2) For fiscal year 2007, the amount that ex13 ceeds $1,220,000,000. 

14 (3) For fiscal year 2008, the amount that ex15 ceeds $1,180,000,000. 

16 (e) CASH-FLOW FINANCING FOR EGYPT.—As soon as 

17 practicable after the date of the enactment of this Act, 

18 the President shall modify the program of cash-flow fi19 nancing for Egypt under section 23 of the Arms Export 

20 Control Act (22 U.S.C. 2763; relating to the ‘‘Foreign 

21 Military Financing’’ program) so as to accomplish the pur22 poses of the policy set forth in paragraphs (3) and (4) 

23 of subsection (b) of this section. 

24 (f) TRANSFER OF CERTAIN INTEREST FOR EGYPT.— 

25 For fiscal year 2006 and subsequent fiscal years, any in-
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1 terest earned from amounts in an interest bearing account 

2 for Egypt to which funds made available under section 23 

3 of the Arms Export Control Act (22 U.S.C. 2763; relating 

4 to the ‘‘Foreign Military Financing’’ program) are dis5 bursed— 

6 (1) shall be transferred to and consolidated 

7 with amounts available for assistance for the Middle 

8 East Partnership Initiative under chapter 4 of part 

9 II of the Foreign Assistance Act of 1961 (22 U.S.C. 

10 2346 et seq.; relating to the ‘‘Economic Support 

11 Fund’’); and 

12 (2) shall be allocated for democracy and govern13 ance programs for Egypt, including direct support 

14 for nongovernmental organizations. 

15 SEC. 1022. INTER-ARAB DEMOCRATIC CHARTER. 

16 (a) STRATEGY.—The Secretary of State, acting 

17 through the Assistant Secretary for Democracy, Human 

18 Rights, and Labor, and in consultation with the Assistant 

19 Secretary for Near East Affairs and the Assistant Sec20 retary for Western Hemisphere Affairs, shall develop and 

21 implement a strategy to— 

22 (1) support, including through the provision of 

23 technical assistance, efforts to establish an Inter24 Arab Democratic Charter to promote human rights 

25 and democracy in the Near East region; and 
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1 (2) support and promote coordination among 

2 human rights organizations, pro-democracy advo3 cates, and civil society members from both the Near 

4 East region and the Western Hemisphere to assist 

5 in efforts to establish the Inter-Arab Democratic 

6 Charter referred to in paragraph (1). 

7 (b) REPORT.—Section 665(c) of the Foreign Rela8 tions Authorization Act, Fiscal Year 2003 (Public Law 

9 107–228; 22 U.S.C. 2151n note) as amended by section 

10 614(a)(2) of this Act, is further amended by inserting 

11 after the first sentence the following new sentence: ‘‘As 

12 part of such separate report, the Secretary shall include 

13 information on efforts by the Department of State to de14 velop and implement the strategy to support efforts to es15 tablish an Inter-Arab Democratic Charter pursuant to sec16 tion 708(a) of the Foreign Relations Authorization Act, 

17 Fiscal Years 2006 and 2007.’’. 

18 (c) FUNDING.—Of the amounts made available for 

19 each of the fiscal years 2006 and 2007 to carry out chap20 ter 4 of part II of the Foreign Assistance Act of 1961 

21 (22 U.S.C. 2346 et seq.; relating to the ‘‘Economic Sup22 port Fund’’), including amounts made available to carry 

23 out the Human Rights and Democracy Fund and the Mid24 dle East Partnership Initiative, such sums as may be nec25 essary for each such fiscal year is authorized to be avail-
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1 able to the Secretary to carry out this section and the 

2 amendments made by this section. 

3 SEC. 1023. MIDDLE EAST PARTNERSHIP INITIATIVE. 

4 (a) FUNDING.—Of the amounts made available for 

5 each of the fiscal years 2006 and 2007 to carry out chap6 ter 4 of part II of the Foreign Assistance Act of 1961 

7 (22 U.S.C. 2346 et seq.; relating to the ‘‘Economic Sup8 port Fund’’), such sums as may be necessary for each such 

9 fiscal year is authorized to be available to the Secretary 

10 of State to carry out programs and activities of the Middle 

11 East Partnership Initiative. 

12 (b) REQUIREMENT.—Not less than 50 percent of 

13 amounts made available for each of the fiscal years 2006 

14 and 2007 to carry out the Middle East Partnership Initia15 tive shall be used to— 

16 (1) strengthen civil society, particularly non17 governmental organizations, and expand female and 

18 minority participation in the political, economic, and 

19 educational sectors of countries participating in the 

20 Initiative; and 

21 (2) strengthen the rule of law and promote 

22 democratic values and institutions, particularly 

23 through— 
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1 (A) developing and implementing stand2 ards for free and fair election in countries par3 ticipating in the Initiative; and 

4 (B) supporting inter-regional efforts to 

5 promote democracy in countries under authori6 tarian rule, including through the Community 

7 of Democracies and Forum for the Future. 

8 SEC. 1024. WEST BANK AND GAZA PROGRAM. 

9 (a) OVERSIGHT.—For each of the fiscal years 2006 

10 and 2007, the Secretary of State shall certify to the appro11 priate congressional committees not later than 30 days 

12 prior to the initial obligation of funds for the West Bank 

13 and Gaza that procedures have been established to ensure 

14 that the Comptroller General of the United States will 

15 have access to appropriate United States financial infor16 mation in order to review the use of United States assist17 ance for the West Bank and Gaza funded under chapter 

18 4 of part II of the Foreign Assistance Act of 1961 (22 

19 U.S.C. 2346 et seq.; relating to the ‘‘Economic Support 

20 Fund’’). 

21 (b) VETTING.—Prior to any obligation of funds for 

22 each of the fiscal years 2006 and 2007 to carry out chap23 ter 4 of part II of the Foreign Assistance Act of 1961 

24 for assistance for the West Bank and Gaza, the Secretary 

25 of State shall take all appropriate steps to ensure that 
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1 such assistance is not provided to or through any indi2 vidual or entity that the Secretary knows, or has reason 

3 to believe, advocates, plans, sponsors, engages in, or has 

4 engaged in, terrorist activity. The Secretary of State shall, 

5 as appropriate, establish procedures specifying the steps 

6 to be taken in carrying out this subsection and shall termi7 nate assistance to any individual or entity which the Sec8 retary has determined advocates, plans, sponsors, or en9 gages in terrorist activity. 

10 (c) PROHIBITION.—None of the funds made available 

11 for each of the fiscal years 2006 and 2007 to carry out 

12 chapter 4 of part II of the Foreign Assistance Act of 1961 

13 for the West Bank and Gaza program may be made avail14 able for the purpose of recognizing or otherwise honoring 

15 individuals who commit, or have committed, acts of ter16 rorism. 

17 (d) AUDITS.— 

18 (1) IN GENERAL.—The Administrator of the 

19 United States Agency for International Development 

20 shall ensure that independent audits of all contrac21 tors and grantees, and significant subcontractors 

22 and subgrantees, under the West Bank and Gaza 

23 Program, are conducted for each of the fiscal years 

24 2006 and 2007 to ensure, among other things, com25 pliance with this section. 
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1 (2) AUDITS BY INSPECTOR GENERAL OF

2 USAID.—Of the funds available for each of the fiscal 

3 years 2006 and 2007 to carry out chapter 4 of part 

4 II of the Foreign Assistance Act of 1961 that are 

5 made available for assistance for the West Bank and 

6 Gaza, up to $1,000,000 for each such fiscal year 

7 may be used by the Office of the Inspector General 

8 of the United States Agency for International Devel9 opment for audits, inspections, and other activities 

10 in furtherance of the requirements of paragraph (1). 

11 Such funds are in addition to funds otherwise avail12 able for such purposes. 

13 (e) DEFINITION.—In this subsection, the term ‘‘ap14 propriate congressional committees’’ means— 

15 (1) the Committee on Appropriations and the 

16 Committee on International Relations of the House 

17 of Representatives; and 

18 (2) the Committee on Appropriations and the 

19 Committee on Foreign Relations of the Senate. 

20 SEC. 1025. ECONOMIC SUPPORT FUND ASSISTANCE FOR 

21 VENEZUELA. 

22 There are authorized to be appropriated to the Presi23 dent $9,000,000 for each of the fiscal years 2006 and 

24 2007 for assistance under chapter 4 of part II of the For25 eign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relat-
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1 ing to the ‘‘Economic Support Fund’’) to fund activities 

2 which support political parties, the rule of law, civil soci3 ety, an independent media, and otherwise promote demo4 cratic, accountable governance in Venezuela. 

5 CHAPTER 3—PART III OF THE FOREIGN 

6 ASSISTANCE ACT OF 1961 

7 SEC. 1031. SUPPORT FOR PRO-DEMOCRACY AND HUMAN 

8 RIGHTS ORGANIZATIONS IN CERTAIN COUN9 TRIES. 

10 Section 620A(a) of the Foreign Assistance Act of 

11 1961 (22 U.S.C. 2371(a)) is amended by adding at the 

12 end the following new sentence: ‘‘The prohibition con13 tained in the preceding sentence shall not apply with re14 spect to assistance under part I (including chapter 4 of 

15 part II) of this Act provided in support of programs of 

16 a pro-democracy or human rights organization located or 

17 operating in a country described in such sentence, if, at 

18 least 30 days before obligating funds for such assistance, 

19 the Secretary of State notifies (in classified or unclassified 

20 form) the congressional committees specified in section 

21 634A(a) of this Act in accordance with the procedures ap22 plicable to reprogramming notifications under that section 

23 that the pro-democracy or human rights organization op24 poses the use of terrorism, supports democracy and re25 spect for human rights, including the equality of women 
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1 and ethnic and religious minorities, and supports freedoms 

2 of the press, speech, association, and religion.’’. 

3 SEC. 1032. LIMITATION ON ASSISTANCE TO THE PALES4 TINIAN AUTHORITY. 

5 (a) DECLARATION OF POLICY.—It shall be the policy 

6 of the United States to promote the emergence of a demo7 cratic Palestinian government that— 

8 (1) denounces and combats terrorism; 

9 (2) has agreed to disarm and dismantle any ter10 rorist agency, network, or facility; 

11 (3) has agreed to work to eliminate incitement 

12 and the commemoration of terrorists in Palestinian 

13 society; 

14 (4) has agreed to respect the boundaries and 

15 sovereignty of its neighbors; and 

16 (5) acknowledges, respects, and upholds the 

17 human rights of all people. 

18 (b) AMENDMENT.—Chapter 1 of part III of the For19 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is 

20 amended— 

21 (1) by redesignating the second section 620G 

22 (as added by section 149 of Public Law 104–164 

23 (110 Stat. 1436)) as section 620J; and 

24 (2) by adding at the end the following new sec25 tion: 
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1 ‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALES2 TINIAN AUTHORITY. 

3 ‘‘(a) LIMITATIONS.— 

4 ‘‘(1) CERTIFICATION REQUIREMENT.—Assist5 ance may be provided under this Act or any other 

6 provision of law to the Palestinian Authority only 

7 during a period for which a certification described in 

8 subsection (b) is in effect. 

9 ‘‘(2) AMOUNT OF ASSISTANCE REQUIREMENT.— 

10 Of the total amount of funds that are available for 

11 assistance under this Act or any other provision of 

12 law to the Palestinian Authority during a period for 

13 which a certification described in subsection (b) is in 

14 effect, not more than 25 percent of such amount 

15 may be obligated and expended during any calendar 

16 quarter. 

17 ‘‘(b) CERTIFICATION.—A certification described in 

18 this subsection is a certification transmitted by the Presi19 dent to Congress that contains a determination of the 

20 President that— 

21 ‘‘(1) providing direct assistance to the Pales22 tinian Authority is important to the national secu23 rity interests of the United States; and 

24 ‘‘(2) the Palestinian Authority— 
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1 ‘‘(A) is committed to and has initiated the 

2 process of purging from its security services in3 dividuals with ties to terrorism; 

4 ‘‘(B) has made demonstrable progress to5 ward dismantling the terrorist infrastructure, 

6 confiscating unauthorized weapons, arresting 

7 and bringing terrorists to justice, destroying 

8 unauthorized arms factories, thwarting and pre9 empting terrorist attacks, and is fully cooper10 ating with Israel’s security services; 

11 ‘‘(C) has made demonstrable progress to12 ward halting all anti-Israel incitement in Pales13 tinian Authority-controlled electronic and print 

14 media and in schools, mosques, and other insti15 tutions it controls, and is replacing these mate16 rials, including textbooks, with materials that 

17 promote tolerance, peace, and coexistence with 

18 Israel; 

19 ‘‘(D) has taken effective steps to ensure 

20 democracy, the rule of law, and an independent 

21 judiciary, and has adopted other reforms such 

22 as ensuring transparent and accountable gov23 ernance; 
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1 ‘‘(E) is committed to ensuring that all 

2 elections within areas it administers to be free, 

3 fair, and transparent; and 

4 ‘‘(F) is undertaking verifiable efforts to en5 sure the financial transparency and account6 ability of all government ministries and oper7 ations. 

8 ‘‘(c) RECERTIFICATIONS.—Not later than 90 days 

9 after the date on which the President transmits to Con10 gress an initial certification under subsection (b), and 

11 every 6 months thereafter— 

12 ‘‘(1) the President shall transmit to Congress a 

13 recertification that the requirements contained in 

14 subsection (b) are continuing to be met; or 

15 ‘‘(2) if the President is unable to make such a 

16 recertification, the President shall transmit to Con17 gress a report that contains the reasons therefor. 

18 ‘‘(d) CONGRESSIONAL NOTIFICATION.—Assistance 

19 made available under this Act or any other provision of 

20 law to the Palestinian Authority may not be provided until 

21 15 days after the date on which the President has pro22 vided notice thereof to the Committee on International Re23 lations and the Committee on Appropriations of the House 

24 of Representatives and to the Committee on Foreign Rela25 tions and the Committee on Appropriations of the Senate 
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1 in accordance with the procedures applicable to re2 programming notifications under section 634A(a) of this 

3 Act. 

4 ‘‘(e) DEFINITION OF CALENDAR QUARTER.—In this 

5 section, the term ‘calendar quarter’ means any three6 month period beginning on January 1, April 1, July 1, 

7 or October 1 of a calendar year.’’. 

8 (c) REPORT BY COMPTROLLER GENERAL.—Not later 

9 than 180 days after the date of the enactment of this Act, 

10 the Comptroller General of the United States shall submit 

11 to the appropriate congressional committees a report that 

12 contains a review of the extent to which United States as13 sistance to the Palestinian Authority under the Foreign 

14 Assistance Act of 1961 or any other provision of law is 

15 properly audited by the Department of State, the United 

16 States Agency for International Development, and all 

17 other relevant departments and agencies of the Govern18 ment of the United States. 

19 SEC. 1033. ASSISTANCE FOR LAW ENFORCEMENT FORCES. 

20 (a) IN GENERAL.—Section 660(b) of the Foreign As21 sistance Act of 1961 (22 U.S.C. 2420(b)) is amended— 

22 (1) in paragraph (6)— 

23 (A) by inserting ‘‘to any national, regional, 

24 district, municipal, or other sub-national gov-
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1 ernmental entity of a foreign country’’ after 

2 ‘‘with respect to assistance’’; and 

3 (B) by striking ‘‘, and the provision of pro4 fessional’’ and all that follows through ‘‘democ5 racy’’; 

6 (2) in paragraph (7), by striking the period at 

7 the end and inserting a semicolon; and 

8 (3) by adding at the end the following new 

9 paragraphs: 

10 ‘‘(8) with respect to assistance to combat cor11 ruption in furtherance of the objectives for which 

12 programs are authorized to be established under sec13 tion 133 of this Act; 

14 ‘‘(9) with respect to the provision of profes15 sional public safety training to any national, re16 gional, district, municipal, or other sub-national gov17 ernmental entity of a foreign country, particularly 

18 training in international recognized standards of 

19 human rights, the rule of law, conflict prevention, 

20 and the promotion of civilian police roles that sup21 port democratic governance and foster improved po22 lice relations between law enforcement forces and 

23 the communities in which they serve; 
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1 ‘‘(10) with respect to assistance to combat traf2 ficking in persons, particularly trafficking in persons 

3 by organized crime; or 

4 ‘‘(11) with respect to assistance in direct sup5 port of developing capabilities for and deployment to 

6 impending or ongoing peace operations of the United 

7 Nations or comparable regional organizations.’’. 

8 (b) TECHNICAL AMENDMENTS.—Section 660 of the 

9 Foreign Assistance Act of 1961 (22 U.S.C. 2420) is 

10 amended— 

11 (1) in subsection (b) (as amended by subsection 

12 (a) of this section)— 

13 (A) by striking paragraph (2); 

14 (B) in paragraph (4), by striking ‘‘or’’ at 

15 the end; 

16 (C) in paragraph (7), by moving the mar17 gin 2 ems to the left; and 

18 (D) by redesignating paragraphs (3) 

19 through (11) as paragraphs (2) through (10), 

20 respectively; and 

21 (2) by striking subsection (d). 
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1 Subtitle B—Other Provisions of 

2 Law 

3 SEC. 1041. AMENDMENTS TO THE AFGHANISTAN FREEDOM 

4 SUPPORT ACT OF 2002. 

5 (a) DECLARATION OF POLICY.—It shall be the policy 

6 of the United States to— 

7 (1) assist Afghanistan in the preparation of 

8 parliamentary elections which are currently sched9 uled to take place on September 18, 2005; 

10 (2) urge donor governments and institutions to 

11 provide significant financial support to support the 

12 United Nations Assistance Mission in Afghanistan 

13 (UNAMA) in carrying out such parliamentary elec14 tions; 

15 (3) assist legitimate and recognized parliamen16 tary candidates and future elected parliamentary of17 ficials in carrying out the responsibilities and duties 

18 of their elected offices; and 

19 (4) assist Afghanistan in the preparation for fu20 ture presidential and parliamentary elections. 

21 (b) PURPOSES OF ASSISTANCE.—Section 102 of the 

22 Afghanistan Freedom Support Act of 2002 (22 U.S.C. 

23 7512) is amended— 
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1 (1) by redesignating paragraphs (5) through 

2 (9) as paragraphs (7) through (11), respectively; 

3 and 

4 (2) by inserting after paragraph (4) the fol5 lowing new paragraphs: 

6 ‘‘(5) to ensure that parliamentary and presi7 dential elections in Afghanistan are carried out in a 

8 free, fair, and transparent manner; 

9 ‘‘(6) to provide assistance to legitimate and rec10 ognized parliamentary candidates and future elected 

11 parliamentary officials in Afghanistan to better edu12 cate such candidates and officials on parliamentary 

13 procedures, anticorruption, transparency, and good 

14 governance;’’. 

15 (c) ACTIVITIES SUPPORTED.—Section 103(a)(5)(C) 

16 of the Afghanistan Freedom Support Act of 2002 (22 

17 U.S.C. 7513(a)(5)(C)) is amended— 

18 (1) by striking clauses (iii) and (iv); 

19 (2) by redesignating clauses (v) through (vii) as 

20 clauses (xi) through (xiii), respectively; 

21 (3) by inserting after clause (ii) the following 

22 new clauses: 

23 ‘‘(iii) programs to promote com24 prehensive public information campaigns, 

25 including nationwide voter and civic edu-
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1 cation, for the public, candidates, and po2 litical parties, and special efforts with re3 spect to provinces in which small percent4 ages of women voted in the October 2004 

5 presidential elections; 

6 ‘‘(iv) programs to accelerate disar7 mament, demobilization, and reintegration 

8 processes to ensure that candidates and 

9 political groups are not influenced or sup10 ported by armed militias; 

11 ‘‘(v) programs to support the registra12 tion of new voters and the preparation of 

13 voter rolls; 

14 ‘‘(vi) programs to support the vetting 

15 process of candidates for the parliamentary 

16 elections to ensure that such candidates 

17 are eligible under the relevant Afghan elec18 tion requirements; 

19 ‘‘(vii) programs to educate legitimate 

20 and recognized parliamentary candidates 

21 on campaign procedures and processes; 

22 ‘‘(viii) capacity-building programs and 

23 advanced professional training programs 

24 for senior Afghan Government officials and 

25 future elected parliamentary officials in 
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1 matters related to parliamentary proce2 dures, anti-corruption, accountability to 

3 constituencies, transparency, good govern4 ance, and other matters related to demo5 cratic development; 

6 ‘‘(ix) exchange programs to bring to 

7 the United States future elected par8 liamentary officials and senior officials of 

9 legitimate and recognized political parties 

10 for educational activities regarding legisla11 tive procedures, debate, and general cam12 paign and legislative instruction; 

13 ‘‘(x) programs to support nongovern14 mental organizations and other civil society 

15 organizations that will assist in civil and 

16 voter education programs and overall de17 mocracy development programs;’’; 

18 (4) in clause (xii) (as redesignated), by striking 

19 ‘‘and’’ at the end; 

20 (5) in clause (xiii) (as redesignated), by striking 

21 the period at the end and inserting ‘‘; and’’; and 

22 (6) by adding at the end the following new 

23 clause: 
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1 ‘‘(xiv) other similar activities con2 sistent with the purposes set forth in sub3 section (a).’’. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 103(a)(5)(C) of the Afghanistan Freedom Support Act of 

6 2002 (22 U.S.C. 7513(a)(5)(C)), as amended by sub7 section (c), is further amended— 

8 (1) in the matter preceding clause (i), by strik9 ing ‘‘To support’’ and inserting ‘‘(i) To support’’; 

10 (2) by redesignating clauses (i) through (xiv) as 

11 subclauses (I) through (XIV), respectively; and 

12 (3) by adding at the end the following new 

13 clause: 

14 ‘‘(ii) Of the amounts made available for 

15 each of the fiscal years 2006 and 2007 to carry 

16 out chapter 1 of part I of the Foreign Assist17 ance Act of 1961 and chapter 4 of part II of 

18 such Act, $50,000,000 for each such fiscal year 

19 is authorized to be available to the President to 

20 carry out subclauses (III) through (X) of clause 

21 (i).’’. 

22 (e) SENSE OF CONGRESS.—It is the sense of Con23 gress that the President should take all necessary and ap24 propriate steps to encourage all donor governments and 

25 institutions to provide full financial and logistical support 
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1 to the United Nations Assistance Mission in Afghanistan 

2 (UNAMA) to carry out the parliamentary elections in Af3 ghanistan, which are currently scheduled to take place on 

4 September 18, 2005, so as to— 

5 (1) ensure the parliamentary elections are le6 gitimate and free from influence, intimidation, and 

7 violence by local militia leaders and illicit narcotics 

8 terrorist organizations; 

9 (2) make certain that all Afghans who want to 

10 vote may do so and may be educated about their 

11 choice in parliamentary candidates; 

12 (3) provide that all legitimate and recognized 

13 parliamentary candidates and officials of legitimate 

14 and recognized political parties are informed and 

15 educated on campaign procedures and processes; 

16 (4) provide that future parliamentary officials 

17 and senior officials of legitimate and recognized po18 litical parties are informed and educated on the leg19 islative procedures and process through exchange 

20 programs; and 

21 (5) assure sufficient funds for deployment of 

22 international observers for the upcoming parliamen23 tary elections and future presidential and parliamen24 tary elections. 
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1 SEC. 1042. AMENDMENTS TO THE TIBETAN POLICY ACT OF 

2 2002. 

3 (a) BILATERAL ASSISTANCE.—Section 616 of the Ti4 betan Policy Act of 2002 (Public Law 107–228; 22 U.S.C. 

5 6901 note) is amended— 

6 (1) by redesignating subsection (d) as sub7 section (e); and 

8 (2) by inserting after subsection (c) the fol9 lowing new subsection: 

10 ‘‘(d) UNITED STATES ASSISTANCE.— 

11 ‘‘(1) ASSISTANCE.—The President shall provide 

12 grants to nongovernmental organizations to support 

13 sustainable economic development, cultural and his14 torical preservation, health care, education, and envi15 ronmental sustainability projects for Tibetans inside 

16 Tibet that are designed in accordance with the prin17 ciples contained in subsection (e). 

18 ‘‘(2) ROLE OF SPECIAL COORDINATOR.—The 

19 United States Special Coordinator for Tibetan 

20 Issues (established under section 621(a)) shall re21 view and approve all projects carried out pursuant to 

22 paragraph (1). 

23 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated to the 

25 President to carry out this subsection $6,000,000 
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1 for fiscal year 2006 and $8,000,000 for fiscal year 

2 2007.’’. 

3 (b) LANGUAGE TRAINING.—Section 619 of the Ti4 betan Policy Act of 2002 (Public Law 107–228; 22 U.S.C. 

5 6901 note) is amended to read as follows: 

6 ‘‘SEC. 619. REQUIREMENT FOR TIBETAN LANGUAGE TRAIN7 ING. 

8 ‘‘The Secretary shall ensure at least one Foreign 

9 Service officer assigned to a United States post in the Peo10 ple’s Republic of China responsible for monitoring develop11 ments in Tibet has at least six months of Tibetan lan12 guage training prior to taking up such assignment at such 

13 post, unless such officer possesses equivalent fluency. If 

14 the Secretary determines that training resources and tim15 ing permit, such officer shall receive one year of such 

16 training.’’. 

17 (c) SPECIAL COORDINATOR FOR TIBETAN ISSUES.— 

18 Section 621 of the Tibetan Policy Act of 2002 (Public 

19 Law 107–228; 22 U.S.C. 6901 note) is amended by add20 ing at the end the following new subsection: 

21 ‘‘(e) PERSONNEL.—The Secretary shall assign dedi22 cated personnel to the Office of the Special Coordinator 

23 for Tibetan Issues sufficient to assist in the management 

24 of the responsibilities of this section and section 

25 616(d)(2).’’. 
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1 SEC. 1043. AMENDMENTS TO THE ANGLO-IRISH AGREE2 MENT SUPPORT ACT OF 1986. 

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) United States assistance for the Inter6 national Fund for Ireland (‘‘International Fund’’) 

7 has contributed greatly to the economic development 

8 of Northern Ireland and that both objectives of the 

9 Anglo-Irish Agreement Support Act of 1986 (Public 

10 Law 99–415), economic development and reconcili11 ation, remain critical to achieving a just and lasting 

12 peace in the region, especially in the economically13 depressed areas; and 

14 (2) since policing reform is a significant part of 

15 winning public confidence and acceptance in the new 

16 form of government in Northern Ireland, the Inter17 national Fund is encouraged to support programs 

18 that enhance relations between communities, and be19 tween the police and the communities they serve, 

20 promote human rights training for police, and en21 hance peaceful mediation in neighborhoods of contin22 ued conflict. 

23 (b) AMENDMENTS.— 

24 (1) FINDINGS AND PURPOSES.—Section 2(b) of 

25 the Anglo-Irish Agreement Support Act of 1986 

26 (Public Law 99–415) is amended by adding at the 
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1 end the following new sentence: ‘‘Furthermore, the 

2 International Fund is encouraged to support pro3 grams that enhance relations between communities, 

4 and between the police and the communities they 

5 serve, promote human rights training for police, en6 hance peaceful mediation in neighborhoods of contin7 ued conflict, promote training programs to enhance 

8 the new district partnership police boards rec9 ommended by the Patten Commission, and assist in 

10 the transition of former British military installations 

11 and prisons into sites for peaceful, community-sup12 ported activities, such as housing, retail, and com13 mercial development.’’. 

14 (2) UNITED STATES CONTRIBUTIONS TO THE

15 INTERNATIONAL FUNDS.—Section 3 of the Anglo16 Irish Agreement Support Act of 1986 is amended by 

17 adding at the end the following new subsection: 

18 ‘‘(c) FISCAL YEARS 2006 AND 2007.—Of the 

19 amounts made available for fiscal years 2006 and 2007 

20 to carry out chapter 4 of part II of the Foreign Assistance 

21 Act of 1961 (22 U.S.C. 2346 et seq.; relating to the eco22 nomic support fund), there are authorized to be appro23 priated $20,000,000 for each such fiscal year for United 

24 States contributions to the International Fund. Amounts 

25 appropriated pursuant to the authorization of appropria-
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1 tions under the preceding sentence are authorized to re2 main available until expended. Of the amount authorized 

3 to be appropriated for fiscal years 2006 and 2007 under 

4 this subsection, it is the sense of Congress that not less 

5 than 35 percent of such amount for each such fiscal year 

6 should be used to carry out the last sentence of section 

7 2(b).’’. 

8 (3) ANNUAL REPORTS.—Section 6(1) of the 

9 Anglo-Irish Agreement Support Act of 1986 is 

10 amended by adding at the end before the semicolon 

11 the following: ‘‘, specifically through improving local 

12 community relations and relations between the police 

13 and the people they serve’’. 

14 SEC. 1044. ASSISTANCE FOR DEMOBILIZATION AND DISAR15 MAMENT OF FORMER IRREGULAR COMBAT16 ANTS IN COLOMBIA. 

17 (a) AUTHORIZATION.—Amounts made available for 

18 fiscal year 2006 and each subsequent fiscal year for assist19 ance for the Republic of Colombia under this Act or any 

20 other provision of law may be made available for assist21 ance for the demobilization and disarmament of former 

22 members of foreign terrorist organizations in Colombia, 

23 specifically the United Self-Defense Forces of Colombia 

24 (AUC), the Revolutionary Armed Forces of Colombia 

25 (FARC) and the National Liberation Army (ELN), if the 
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1 Secretary of State makes a certification described in sub2 section (b) to the appropriate congressional committees 

3 prior to the initial obligation of amounts for such assist4 ance for the fiscal year involved. 

5 (b) CERTIFICATION.—A certification described in this 

6 subsection is a certification that— 

7 (1) assistance for the fiscal year will be pro8 vided only for individuals who have verifiably re9 nounced and terminated any affiliation or involve10 ment with foreign terrorist organizations; 

11 (2) the Government of Colombia is continuing 

12 to provide full cooperation with the Government of 

13 the United States relating to extradition requests in14 volving leaders and members of the foreign terrorist 

15 organizations involved in murder, kidnapping, nar16 cotics trafficking, and other violations of United 

17 States law; and 

18 (3) the Government of Colombia has established 

19 a concrete and workable framework for dismantling 

20 the organizational structures of foreign terrorist or21 ganizations that adequately balances the need for 

22 both reconciliation and justice with concerns for fun23 damental human rights. 

24 (c) DEFINITIONS.—In this section: 
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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Appropriations and 

5 the Committee on International Relations of the 

6 House of Representatives; and 

7 (B) the Committee on Appropriations and 

8 the Committee on Foreign Relations of the Sen9 ate. 

10 (2) FOREIGN TERRORIST ORGANIZATION.—The 

11 term ‘‘foreign terrorist organization’’ means an or12 ganization designated as a terrorist organization 

13 under section 219 of the Immigration and Nation14 ality Act. 

15 SEC. 1045. SUPPORT FOR FAMINE RELIEF IN ETHIOPIA. 

16 (a) DEMONSTRATION INSURANCE PROJECT.—The 

17 Secretary of State is authorized to make a United States 

18 voluntary contribution to the United Nations World Food 

19 Program to establish and carry out a demonstration insur20 ance project in the Federal Democratic Republic of Ethi21 opia using weather derivatives to transfer the risk of cata22 strophic drought resulting in famine from vulnerable sub23 sistence farmers to international capital markets for the 

24 purpose of protecting vulnerable subsistence farmers 

25 against income and asset losses during natural disasters. 
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1 (b) REPORT.—Not later than one year and two years 

2 after the date of the enactment of this Act, the Secretary 

3 shall submit to the appropriate congressional committees 

4 a report on the implementation of the project referred to 

5 in subsection (a). 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to the Secretary to carry 

8 out this section up to $4,000,000 for fiscal year 2006. 

9 SEC. 1046. ASSISTANCE TO PROMOTE DEMOCRACY AND 

10 HUMAN RIGHTS IN VIETNAM. 

11 (a) FINDING.—Congress finds that the Socialist Re12 public of Vietnam is a one-party state, ruled and con13 trolled by the Communist Party of Vietnam, which con14 tinues to deny the right of citizens to change their govern15 ment, prohibits independent political, labor, and social or16 ganizations, and continues to commit serious human 

17 rights violations, including the detention and imprison18 ment of persons for the peaceful expression of dissenting 

19 religious and political views. 

20 (b) POLICY.—It is the policy of the United States— 

21 (1) to limit United States nonhumanitarian as22 sistance provided to the Government of Vietnam, not 

23 to exceed the amount so provided for fiscal year 

24 2005, unless the President certifies to Congress not 

25 later than 30 days after the date of the enactment 
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1 of this Act that, during the 12-month period pre2 ceding such certification, Vietnam has made sub3 stantial progress toward— 

4 (A) releasing political and religious pris5 oners; 

6 (B) respecting religious freedom and other 

7 universally recognized human rights; 

8 (C) allowing open access to the United 

9 States for its refugee program; 

10 (D) cooperating fully toward providing in11 formation concerning the locations of members 

12 of the United States Armed Forces who con13 tinue to be officially listed as missing in action 

14 as a result of the Vietnam conflict; 

15 (E) respecting the rights of ethnic minori16 ties in the Central Highlands; and 

17 (F) ensuring that it is not acting in com18 plicity with organizations engaged in the traf19 ficking of human persons; and 

20 (2) to ensure that programs of educational and 

21 cultural exchange with Vietnam actively promote 

22 progress towards freedom and democracy in Vietnam 

23 by ensuring that Vietnamese nationals who have al24 ready demonstrated a commitment to these values 

25 are included in such programs. 
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1 (c) DEFINITION.—In this section, the term ‘‘United 

2 States nonhumanitarian assistance’’ means— 

3 (1) any assistance under the Foreign Assistance 

4 Act of 1961 (including programs under title IV of 

5 chapter 2 of part I of such Act, relating to the Over6 seas Private Investment Corporation), other than— 

7 (A) disaster relief assistance, including any 

8 assistance under chapter 9 of part I of such 

9 Act; 

10 (B) assistance which involves the provision 

11 of food (including monetization of food) or med12 icine; 

13 (C) assistance for refugees; and 

14 (D) assistance to combat HIV/AIDS, in15 cluding any assistance under section 104A of 

16 such Act; and 

17 (2) sales, or financing on any terms, under the 

18 Arms Export Control Act. 

19 (d) AUTHORIZATION.— 

20 (1) IN GENERAL.—The President is authorized 

21 to provide assistance to nongovernmental organiza22 tions and organizations to promote democracy and 

23 internationally recognized human rights in Vietnam. 
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1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to the 

3 President $2,000,000 to carry out paragraph (1). 

4 SEC. 1047. TRANSFER OF MARINE PATROL AIRCRAFT TO 

5 THE GOVERNMENT OF COLOMBIA. 

6 (a) TRANSFER AUTHORITY.—The Secretary of State, 

7 acting through the Assistant Secretary of the Bureau for 

8 International Narcotics and Law Enforcement Affairs, is 

9 authorized to procure for transfer to the Government of 

10 Colombia two tactical, unpressurized marine patrol air11 craft for use by the Colombian Navy to interdict and dis12 able drug trafficking vessels in and near the territorial wa13 ters of Colombia. Such transfers may be on a grant or 

14 lease basis, as appropriate. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary to carry 

17 out this section $25,000,000 for fiscal year 2006. 

18 SEC. 1048. TRAINING AND ASSISTANCE TO IDENTIFY UN19 KNOWN VICTIMS WHO WERE ABDUCTED AND 

20 MURDERED IN CIUDAD JUAREZ, MEXICO. 

21 (a) STATEMENT OF CONGRESS.—Congress urges the 

22 President and Secretary of State to incorporate the inves23 tigative and preventative efforts of the Government of 

24 Mexico in the bilateral agenda between the Government 

25 of Mexico and the Government of the United States and 
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1 to continue to express concern to the Government of Mex2 ico over the abductions and murders of young women since 

3 1993 in the Mexican city of Ciudad Juarez. 

4 (b) TRAINING AND ASSISTANCE.—The Secretary of 

5 State is authorized to provide training and assistance to 

6 identify unknown victims who were murdered in the Mexi7 can city of Ciudad Juarez through forensic analysis, in8 cluding DNA testing, conducted by independent, impartial 

9 experts who are sensitive to the special needs and concerns 

10 of the victims’ families, as well as efforts to make these 

11 services available to any families who have doubts about 

12 the results of prior forensic testing. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Secretary of State 

15 $500,000 for fiscal year 2006 to carry out subsection (b). 

16 Subtitle C—Miscellaneous 

17 Provisions 

18 SEC. 1051. REPORT ON UNITED STATES WEAPONS TRANS19 FERS, SALES, AND LICENSING TO HAITI. 

20 (a) REPORT.—Not later than 180 days after the date 

21 of the enactment of this Act, the Secretary of State shall 

22 submit to the appropriate congressional committees a re23 port on all United States weapons transfers, sales, and 

24 licensing to the Government of the Republic of Haiti for 
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1 the period beginning on October 4, 1991, and ending on 

2 the date of the enactment of this Act. 

3 (b) CONTENTS.—The report required by subsection 

4 (a) shall include a detailed description of each of the fol5 lowing: 

6 (1) The names of the individuals or govern7 mental entities to which weapons were transferred, 

8 sold, or licensed. 

9 (2) The number and types of weapons trans10 ferred, sold, or licensed. 

11 (3) The safeguards, if any, that were required 

12 prior to the transfer, sale, or license of the weapons. 

13 (c) DEFINITION.—In this section, the term ‘‘United 

14 States weapons transfers, sales, and licensing’’ means 

15 transfers, sales, and licensing of weapons under— 

16 (1) section 38 of the Arms Export Control Act 

17 (22 U.S.C. 2778); or 

18 (2) chapter 8 of part I of the Foreign Assist19 ance Act of 1961 (22 U.S.C. 2291 et seq.). 

20 SEC. 1052. SENSE OF CONGRESS REGARDING ASSISTANCE 

21 FOR REGIONAL HEALTH EDUCATION AND 

22 TRAINING PROGRAMS. 

23 (a) STATEMENT OF POLICY.—Congress recognizes 

24 that many health problems are not country specific. In-
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1 stead many health issues can be categorized and treated 

2 more effectively on a regional basis. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that the United States Agency for International De5 velopment should use up to five percent of country-specific 

6 health program funds, as needed, to address regional 

7 health education and training needs in instances in which 

8 it would be more cost effective to implement health edu9 cation and training programs on a regional basis. 

10 SEC. 1053. SENSE OF CONGRESS REGARDING ASSISTANCE 

11 FOR REGIONAL HEALTH CARE DELIVERY. 

12 (a) STATEMENT OF POLICY.—Congress declares the 

13 following: 

14 (1) Health systems in developing countries for 

15 allocating and managing health resources are dys16 functional and incapable of addressing evolving epi17 demiological and demographical changes. 

18 (2) Neither regional nor countrywide health 

19 problems can be adequately addressed without the 

20 infrastructure for health systems in place. 

21 (3) The areas in Africa, Europe, Eurasia, the 

22 Middle East, and Asia with the greatest health prob23 lems all lack the infrastructure for health systems 

24 that can support providers and contain the cost of 

25 treatment. 
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the United States Agency for International De3 velopment should use up to five percent of country-specific 

4 health program funds, as needed, to support projects to 

5 create and improve indigenous capacity for health care de6 livery in regions in which such projects are most needed. 

7 SEC. 1054. SENSE OF CONGRESS REGARDING ELIMINATION 

8 OF EXTREME POVERTY IN DEVELOPING 

9 COUNTRIES. 

10 It is the sense of Congress that— 

11 (1) the elimination of extreme poverty in devel12 oping countries should be a major priority of United 

13 States foreign policy; 

14 (2) the Unites States should further dem15 onstrate its leadership and commitment to elimi16 nating extreme poverty by working with developing 

17 countries, donor countries, and multilateral institu18 tions committed to the necessary reforms, policies, 

19 and practices that reduce extreme poverty in devel20 oping countries and by pursuing greater coordina21 tion with key allies and international partners; and 

22 (3) the President, acting through the Adminis23 trator of the United States Agency for International 

24 Development, and in consultation with the heads of 

25 other appropriate departments and agencies of the 
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1 Government of the United States, international or2 ganizations, international financial institutions, re3 cipient governments, civil society organizations, and 

4 other appropriate entities, should develop a com5 prehensive strategy to eliminate extreme poverty in 

6 developing countries that involves foreign assistance, 

7 foreign and local private investment, technical assist8 ance, private-public partnerships, and debt relief. 

9 SEC. 1055. SENSE OF CONGRESS REGARDING UNITED 

10 STATES FOREIGN ASSISTANCE. 

11 It is the sense of Congress that— 

12 (1) United States foreign assistance should be 

13 used to support local capacity-building in developing 

14 countries and should focus on improving the institu15 tional capacities of developing countries in order to 

16 promote long-term development; and 

17 (2) the Department of State, the United States 

18 Agency for International Development, and the Mil19 lennium Challenge Corporation should increase their 

20 efforts to enhance recipient country participation in 

21 the planning of development programs, promote re22 cipient country ownership of the programs, and 

23 build local capacity within the recipient country. 
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1 SEC. 1056. SENSE OF CONGRESS REGARDING ASSISTANCE 

2 FOR CHALDOASSYRIANS AND OTHER INDIGE3 NOUS CHRISTIANS IN IRAQ. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) ChaldoAssyrians and other indigenous 

6 Christians in Iraq welcome the opportunity following 

7 Iraq’s liberation to move beyond the days of repres8 sion and persecution and toward greater prosperity 

9 by cooperating in the development of a democratic, 

10 pluralistic state. 

11 (2) Religious and ethnic discrimination has 

12 driven half of Iraq’s indigenous Christians into dias13 pora since the 1960s and now threatens to create a 

14 mass exodus, thereby depriving Iraq of one of its 

15 oldest and most distinctive ethnic communities. 

16 (b) SENSE OF CONGRESS.—It is the sense of Con17 gress that— 

18 (1) all relevant departments and agencies of the 

19 Government of the United States should pay special 

20 attention to the welfare of ChaldoAssyrians and 

21 other indigenous Christians in Iraq in order to pre22 vent a mass exodus that would detrimentally affect 

23 the preservation of diversity in the Middle East and 

24 the promotion of general tolerance for others; and 

25 (2) the President, acting through the Adminis26 trator of the United States Agency for International 
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1 Development, should allocate funds specifically for 

2 the promotion of the welfare, education, and reset3 tlement of ChaldoAssyrians and other indigenous 

4 Christians in Iraq where they may be currently pre5 vented from returning to their homes. 

6 TITLE XI—REPORTING 

7 REQUIREMENTS 

8 SEC. 1101. TRANS-SAHARA COUNTER-TERRORISM INITIA9 TIVE. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that efforts by the Government of the United States 

12 to expand the Pan Sahel Initiative into a robust counter13 terrorism program in the Saharan region of Africa, to be 

14 known as the ‘‘Trans-Sahara Counter Terrorism Initia15 tive’’, should be strongly supported. 

16 (b) REPORT.— 

17 (1) IN GENERAL.—Not later than 120 days 

18 after the date of the enactment of this Act, the Sec19 retary of State shall submit to the appropriate con20 gressional committees a detailed strategy, in classi21 fied form, regarding the plan of the Government of 

22 the United States to expand the Pan Sahel Initiative 

23 into a robust counter-terrorism program in the Sa24 haran region of Africa, to be known as the ‘‘Trans25 Sahara Counter Terrorism Initiative’’. 
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1 (2) CONTENTS.—The report shall include the 

2 following: 

3 (A) The names of the countries that will 

4 participate in the Initiative. 

5 (B) A description of the types of security 

6 assistance necessary to create rapid reaction se7 curity forces in order to bolster the capacity of 

8 the countries referred to in subparagraph (A) to 

9 govern their borders. 

10 (C) A description of training to ensure re11 spect for human rights and civilian authority by 

12 rapid reaction security forces referred to in sub13 paragraph (B) and other appropriate individ14 uals and entities of the countries referred to in 

15 subparagraph (A). 

16 (D) A description of the types of public di17 plomacy and related assistance that will be pro18 vided to promote development and counter rad19 ical Islamist elements that may be gaining a 

20 foothold in the region. 

21 (3) UPDATE.—The Secretary shall submit to 

22 the appropriate congressional committees an update 

23 of the report required by this subsection not later 

24 than one year after the date of the initial submission 

25 of the report under this subsection. 
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1 (c) COOPERATION OF OTHER DEPARTMENTS AND

2 AGENCIES.—The head of each appropriate department 

3 and agency of the Government of the United States shall 

4 cooperate fully with, and assist in the implementation of, 

5 the strategy described in subsection (b)(1) and shall make 

6 such resources and information available as is necessary 

7 to ensure the success of the Initiative described in such 

8 subsection. 

9 SEC. 1102. ANNUAL PATTERNS OF GLOBAL TERRORISM RE10 PORT. 

11 (a) REQUIREMENT OF REPORT.—Section 140(a) 

12 Foreign Relations Authorization Act, Fiscal Years 1988 

13 and 1989 (22 U.S.C. 2656f(a)) is amended— 

14 (1) in the heading, by striking ‘‘COUNTRY RE15 PORTS ON TERRORISM’’ and inserting ‘‘PATTERNS

16 OF GLOBAL TERRORISM REPORT’’; and 

17 (2) in the matter preceding paragraph (1), by 

18 inserting ‘‘, the Committee on International Rela19 tions of the House of Representatives,’’ after 

20 ‘‘Speaker of the House of Representatives’’. 

21 (b) ASSESSMENTS WITH RESPECT TO FOREIGN

22 COUNTRIES IN WHICH ACTS OF TERRORISM OC23 CURRED.—Section 140(a)(1)(A)(i) of the Foreign Rela24 tions Authorization Act, Fiscal Years 1988 and 1989 (22 

25 U.S.C. 2656f(a)(1)(A)(i)) is amended— 
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1 (1) by striking ‘‘which were, in the opinion of 

2 the Secretary, of major significance;’’ and inserting 

3 ‘‘, including—’’; and 

4 (2) by adding at the end the following new sub5 clauses: 

6 ‘‘(I) the number of such acts of ter7 rorism or attempted acts of terrorism; 

8 ‘‘(II) the number of individuals, in9 cluding United States citizens, who were 

10 killed or injured in such acts of terrorism; 

11 ‘‘(III) the methods, and relative fre12 quency of methods, utilized in such acts of 

13 terrorism; and 

14 ‘‘(IV) assessments of individuals who 

15 were responsible for such acts of terrorism 

16 and the relationships of such individuals to 

17 terrorist groups;’’. 

18 (c) INFORMATION WITH RESPECT TO TERRORIST

19 GROUPS.—Section 140(a)(2) of the Foreign Relations Au20 thorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 

21 2656f(a)(2)) is amended by inserting after ‘‘and any other 

22 known international terrorist group’’ the following ‘‘or 

23 emerging terrorist group’’. 

24 (d) INFORMATION WITH RESPECT TO ALL FOREIGN

25 COUNTRIES.—Section 140(a) of the Foreign Relations 
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1 Authorization Act, Fiscal Years 1988 and 1989 (22 

2 U.S.C. 2656f(a)) is amended— 

3 (1) in paragraph (2), by adding ‘‘and’’ at the 

4 end after the semicolon; 

5 (2) in paragraph (3)— 

6 (A) in the matter preceding subparagraph 

7 (A), by striking ‘‘from which the United States 

8 Government’’ and all that follows through 

9 ‘‘United States citizens or interests’’ and insert10 ing ‘‘worldwide’’; 

11 (B) in subparagraph (A)— 

12 (i) by striking ‘‘the individual or’’; 

13 (ii) by striking ‘‘the act’’ and insert14 ing ‘‘acts of terrorism’’; and 

15 (iii) by striking ‘‘and’’ at the end; 

16 (C) in subparagraph (B) by striking 

17 ‘‘against United States citizens in the foreign 

18 country’’; and 

19 (D) by adding at the end the following new 

20 subparagraph: 

21 ‘‘(C) the extent to which the government of 

22 the foreign country is not cooperating with re23 spect to the matters described in subparagraphs 

24 (A) and (B) and other matters relating to 

25 counterterrorism efforts.’’; and 
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1 (3) by striking paragraph (4). 

2 (e) EXISTING PROVISIONS TO BE INCLUDED IN RE3 PORT.—Section 140(b) of the Foreign Relations Author4 ization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 

5 2656f(b)) is amended— 

6 (1) in the matter preceding paragraph (1), by 

7 striking ‘‘should to the extent feasible’’ and inserting 

8 ‘‘shall’’; 

9 (2) in paragraph (1)— 

10 (A) in the matter preceding subparagraph 

11 (A), by inserting ‘‘and (a)(3)’’ after ‘‘subsection 

12 (a)(1)(A)’’; 

13 (B) by redesignating subparagraphs (A), 

14 (B), and (C) as subparagraphs (B), (C), and 

15 (D), respectively; 

16 (C) by inserting before subparagraph (B) 

17 (as redesignated) the following new subpara18 graph: 

19 ‘‘(A) a separate list, in chronological order, 

20 of all acts of international terrorism described 

21 in subsection (a)(1)(A);’’; 

22 (D) in subparagraph (C) (as redesignated), 

23 by striking ‘‘affecting American citizens or fa24 cilities’’; and 
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1 (E) in subparagraph (D) (as redesig2 nated)— 

3 (i) in clause (i), by adding at the end 

4 before the semicolon the following: ‘‘by the 

5 government of the country, government of6 ficials, nongovernmental organizations, 

7 quasi-governmental organizations, or na8 tionals of the country’’; 

9 (ii) in clause (v), by adding ‘‘and’’ at 

10 the end after the semicolon; and 

11 (iii) by adding at the end the fol12 lowing new clause: 

13 ‘‘(vi) other types of indirect support 

14 for international terrorism, such as inciting 

15 acts of terrorism or countenance of acts of 

16 terrorism by the government of the coun17 try, government officials, nongovernmental 

18 organizations, quasi-governmental organi19 zations, or nationals of the country;’’; 

20 (3) in paragraph (3)— 

21 (A) in subparagraph (E), by striking 

22 ‘‘and’’ at the end; 

23 (B) in subparagraph (F), by adding ‘‘and’’ 

24 at the end; and 
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1 (C) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(G) information on the stated intentions 

4 and patterns of activities of terrorist groups de5 scribed in subsection (a)(2), capabilities and 

6 membership of such groups, recruitment and 

7 fundraising activities of such groups, and the 

8 relationships of such groups to criminal organi9 zations, including organizations involved in il10 licit narcotics trafficking;’’; and 

11 (4) by redesignating paragraphs (3) and (4) (as 

12 added by section 701(a)(2)(C) of the Intelligence 

13 Authorization Act for Fiscal Year 2005 (Public Law 

14 108–487; 118 Stat. 3961)) as paragraphs (6) and 

15 (7), respectively. 

16 (f) NEW PROVISIONS TO BE INCLUDED IN RE17 PORT.—Section 140(b) of the Foreign Relations Author18 ization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 

19 2656f(b)), as amended by subsection (e), is further 

20 amended— 

21 (1) in paragraph (6) (as redesignated), by strik22 ing ‘‘and’’ at the end; 

23 (2) in paragraph (7) (as redesignated), by strik24 ing the period at the end and inserting a semicolon; 

25 and 
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1 (3) by adding at the end the following new 

2 paragraphs: 

3 ‘‘(8) an analysis of the efforts of multilateral 

4 organizations (excluding international financial insti5 tutions) to combat international terrorism, including 

6 efforts of the United Nations and its affiliated orga7 nizations, regional multilateral organizations, and 

8 nongovernmental organizations; 

9 ‘‘(9) a list of countries of concern with respect 

10 to the financing of terrorism; and 

11 ‘‘(10) an analysis of policy goals of the United 

12 States for counterterrorism efforts in the subsequent 

13 calendar year.’’. 

14 (g) CLASSIFICATION OF REPORT.—Section 140(c) of 

15 the Foreign Relations Authorization Act, Fiscal Years 

16 1988 and 1989 (22 U.S.C. 2656f(c)) is amended to read 

17 as follows: 

18 ‘‘(c) CLASSIFICATION OF REPORT.—The report re19 quired by subsection (a) shall be submitted in unclassified 

20 form and shall contain a classified annex as necessary.’’. 

21 (h) INTER-AGENCY PROCESS FOR COMPILATION OF

22 REPORT.—Section 140 of Foreign Relations Authoriza23 tion Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) 

24 is amended— 
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1 (1) by redesignating subsections (d) and (e) as 

2 subsections (e) and (f), respectively; and 

3 (2) by inserting after subsection (c) the fol4 lowing new subsection: 

5 ‘‘(d) INTER-AGENCY PROCESS FOR COMPILATION OF

6 REPORT.—The Secretary of State shall, in preparing the 

7 report required by subsection (a), establish an inter-agen8 cy process to— 

9 ‘‘(1) consult and coordinate with other appro10 priate officials of the Government of the United 

11 States who are responsible for collecting and ana12 lyzing counterterrorism intelligence; and 

13 ‘‘(2) utilize, to the maximum extent practicable, 

14 such counterterrorism intelligence and analyses.’’. 

15 (i) COMPARABILITY STANDARD WITH PRIOR RE16 PORT.—Section 140 of Foreign Relations Authorization 

17 Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), as 

18 amended by subsection (h), is further amended— 

19 (1) by redesignating subsections (e) and (f) (as 

20 redesignated) as subsections (f) and (g), respectively; 

21 and 

22 (2) by inserting after subsection (d) (as added 

23 by subsection (h)) the following new subsection: 

24 ‘‘(e) COMPARABILITY STANDARD WITH PRIOR RE25 PORT.—The Secretary of State shall, in preparing the re-
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1 port required by subsection (a), use standards, criteria, 

2 and methodologies in a consistent manner so that statis3 tical comparisons may be made among different reports. 

4 If significant changes are made to any such standards, 

5 criteria, or methodology, the Secretary shall, in consulta6 tion with other appropriate officials of the Government of 

7 the United States, make appropriate adjustments, using 

8 the best available methods, so that the data provided in 

9 each report is comparable to the data provided in prior 

10 reports.’’. 

11 (j) DEFINITIONS.—Section 140(f)(1) of Foreign Re12 lations Authorization Act, Fiscal Years 1988 and 1989 (as 

13 redesignated) is amended to read as follows: 

14 ‘‘(1) the term ‘international terrorism’ means— 

15 ‘‘(A) terrorism involving citizens or the ter16 ritory of more than one country; or 

17 ‘‘(B) terrorism involving citizens and the 

18 territory of one country which is intended to in19 timidate or coerce not only the civilian popu20 lation or government of such country but also 

21 other civilian populations or governments;’’. 

22 (k) REPORTING PERIOD.—Section 140(g) Foreign 

23 Relations Authorization Act, Fiscal Years 1988 and 1989 

24 (as redesignated) is amended to read as follows: 
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1 ‘‘(g) REPORTING PERIOD.—The report required 

2 under subsection (a) shall cover the events of the calendar 

3 year preceding the calender year in which the report is 

4 transmitted.’’. 

5 (l) APPEARANCE OF SECRETARY OF STATE BEFORE

6 CONGRESS.—Section 140 of the Foreign Relations Au7 thorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 

8 2656f) is amended by adding at the end the following new 

9 subsection: 

10 ‘‘(h) APPEARANCE OF SECRETARY OF STATE BE11 FORE CONGRESS.— 

12 ‘‘(1) IN GENERAL.—The Secretary of State 

13 shall appear before Congress at annual hearings, as 

14 specified in paragraph (2), regarding the provisions 

15 included in the report required under subsection (a). 

16 ‘‘(2) SCHEDULE.—The Secretary of State shall 

17 appear before— 

18 ‘‘(A) the Committee on International Rela19 tions of the House of Representatives on or 

20 about May 20 of even numbered calendar years; 

21 ‘‘(B) the Committee on Foreign Relations 

22 of the Senate on or about May 20 of odd num23 bered calendar years; and 

24 ‘‘(C) either Committee referred to in sub25 paragraph (A) or (B), upon request, following 
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1 the scheduled appearance of the Secretary be2 fore the other Committee under subparagraph 

3 (A) or (B).’’. 

4 (m) CONFORMING AMENDMENTS.— 

5 (1) SECTION HEADING.—The heading of section 

6 140 of the Foreign Relations Authorization Act, Fis7 cal Years 1988 and 1989 (22 U.S.C. 2656f) is 

8 amended to read as follows: 

9 ‘‘SEC. 140. ANNUAL PATTERNS OF GLOBAL TERRORISM RE10 PORT.’’. 

11 (2) TABLE OF CONTENTS.—The table of con12 tents of such Act (as contained in section 1(b) of 

13 such Act) is amended in the item relating to section 

14 140 to read as follows: 

‘‘Sec. 140. Annual patterns of global terrorism report.’’. 

15 (n) EFFECTIVE DATE.—The amendments made by 

16 this section apply with respect to the report required to 

17 be transmitted under section 140 of the Foreign Relations 

18 Authorization Act, Fiscal Years 1988 and 1989 (22 

19 U.S.C. 2656f), by April 30, 2007, and by April 30 of each 

20 subsequent year. 

21 SEC. 1103. DUAL GATEWAY POLICY OF THE GOVERNMENT 

22 OF IRELAND. 

23 (a) IN GENERAL.—The Secretary of State shall re24 view the dual gateway policy and determine the effects the 

25 discontinuation of such policy might have on the economy 
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1 of the United States and the economy of western Ireland 

2 before the United States takes any action that could lead 

3 to the discontinuation of such policy. 

4 (b) ECONOMIC IMPACT STUDY.—In determining the 

5 effects that the discontinuation of such policy might have 

6 on the economy of the United States, the Secretary, in 

7 consultation with the heads of other appropriate depart8 ments and agencies, shall consider the effects the dis9 continuation of such policy might have on United States 

10 businesses operating in western Ireland, Irish businesses 

11 operating in and around Shannon Airport, and United 

12 States air carriers serving Ireland. 

13 (c) REPORT.—Not later than 180 days after the date 

14 of the enactment of this Act, the Secretary shall submit 

15 to the appropriate congressional committees a report de16 scribing the determinations made under subsection (a), to17 gether with any recommendations for United States ac18 tion. 

19 (d) DEFINITION.—In this section, the term ‘‘dual 

20 gateway policy’’ means the policy of the Government of 

21 Ireland requiring certain air carriers serving Dublin Air22 port to undertake an equal numbers of flights to Shannon 

23 Airport and Dublin Airport during each calendar year. 
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1 SEC. 1104. STABILIZATION IN HAITI. 

2 Not later than one year after the date of the enact3 ment of this Act and one year thereafter, the Secretary 

4 of State shall submit to the appropriate congressional 

5 committees a report on United States efforts to— 

6 (1) assist in the disarmament of illegally armed 

7 forces in Haiti, including through a program of gun 

8 exchanges; 

9 (2) assist in the reform of the Haitian National 

10 Police; and 

11 (3) support stabilization in Haiti. 

12 SEC. 1105. VERIFICATION REPORTS TO CONGRESS. 

13 Section 403(a) of the Arms Control and Disar14 mament Act (22 U.S.C. 2593a(a)) is amended in the mat15 ter preceding paragraph (1)— 

16 (1) by striking ‘‘prepared by the Secretary of 

17 State with the concurrence of the Director of Cen18 tral Intelligence and in consultation with the Sec19 retary of Defense, the Secretary of Energy, and the 

20 Chairman of the Joint Chiefs of Staff,’’; and 

21 (2) by inserting ‘‘, as the President considers 

22 appropriate’’ after ‘‘include’’. 
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1 SEC. 1106. PROTECTION OF REFUGEES FROM NORTH 

2 KOREA. 

3 Section 305(a) of the North Korean Human Rights 

4 Act of 2004 (Public Law 108–333; 22 U.S.C. 7845) is 

5 amended— 

6 (1) in paragraph (1), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (2), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following new 

11 paragraph: 

12 ‘‘(3) a detailed description of the measures un13 dertaken by the Secretary of State to carry out sec14 tion 303, including country-specific information with 

15 respect to United States efforts to secure the co16 operation and permission of the governments of 

17 countries in East and Southeast Asia to facilitate 

18 United States processing of North Koreans seeking 

19 protection as refugees. The information required by 

20 this paragraph may be provided in a classified for21 mat, if necessary.’’. 

22 SEC. 1107. ACQUISITION AND MAJOR SECURITY UPGRADES. 

23 Section 605(c) of the Secure Embassy Construction 

24 and Counterterrorism Act of 1999 (title VI of the Admiral 

25 James W. Nance and Meg Donovan Foreign Relations Au-
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1 thorization Act, Fiscal Years 2000 and 2001; Public Law 

2 106–113—Appendix G) is amended— 

3 (1) in the heading, by striking ‘‘SEMIANNUAL’’; 

4 (2) in the matter preceding paragraph (1), by 

5 striking ‘‘June 1 and’’; and 

6 (3) in paragraph (1)(A), by striking ‘‘two fiscal 

7 quarters’’ and inserting ‘‘year’’. 

8 SEC. 1108. SERVICES FOR CHILDREN WITH AUTISM AT 

9 OVERSEAS MISSIONS. 

10 (a) STUDY.—With respect to countries in which there 

11 is at least one mission of the United States, the Secretary 

12 of State shall conduct a study of the availability of pro13 grams that address the special needs of children with au14 tism, including the availability of speech therapists and 

15 pediatric occupational therapists at Department of De16 fense sponsored schools. Such study shall include the esti17 mated incidence of autism among dependents of members 

18 of the Foreign Service and dependents of specialist For19 eign Service personnel. Such study shall also include an 

20 analysis of the possibility of establishing ‘‘Educational 

21 Centers of Excellence’’ for such children. 

22 (b) REPORT.—Not later than 30 days after the com23 pletion of the study required under subsection (a), the Sec24 retary shall submit to the appropriate congressional com-
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1 mittees a report containing the findings of the study to2 gether with any recommendations for related action. 

3 SEC. 1109. INCIDENCE AND PREVALENCE OF AUTISM 

4 WORLDWIDE. 

5 (a) STUDY.— 

6 (1) IN GENERAL.—The Secretary of State shall 

7 direct the United States representative to the Execu8 tive Board of the United Nations Children’s Fund 

9 (UNICEF) to use the voice and vote of the United 

10 States to urge UNICEF to provide for the conduct 

11 of a study of the incidence and prevalence of autism 

12 spectrum disorders (in this section referred to as 

13 ‘‘autism’’) worldwide. 

14 (2) CONDUCT OF STUDY.—The study should— 

15 (A) evaluate the incidence and prevalence 

16 of autism in all countries worldwide and com17 pare such incidence and prevalence to the inci18 dence and prevalence of autism in the United 

19 States and evaluate the reliability of the infor20 mation obtained from each country in carrying 

21 out this subparagraph; and 

22 (B) evaluate the feasibility of establishing 

23 a method for the collection of information relat24 ing to the incidence and prevalence of autism in 

25 all countries worldwide. 
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1 (b) REPORT.—The Secretary of State shall direct the 

2 United States representative to the Executive Board of 

3 UNICEF to use the voice and vote of the United States 

4 to urge UNICEF to— 

5 (1) provide for the preparation of a report that 

6 contains the results of the study described in sub7 section (a); and 

8 (2) provide for the availability of the report on 

9 the Internet website of UNICEF. 

10 (c) FUNDING.—Of the amounts made available for 

11 fiscal year 2006 to carry out section 301 of the Foreign 

12 Assistance Act of 1961 (22 U.S.C. 2221), $1,500,000 is 

13 authorized to be available for a voluntary contribution to 

14 UNICEF to conduct the study described in subsection (a) 

15 and prepare the report described in subsection (b). 

16 SEC. 1110. INTERNET JAMMING. 

17 (a) REPORT.—Not later than March 1 of the year 

18 following the date of the enactment of this Act, the Chair19 man of the Broadcasting Board of Governors shall submit 

20 to the appropriate congressional committees a report on 

21 the status of state-sponsored and state-directed Internet 

22 jamming by repressive foreign governments and a descrip23 tion of efforts by the United States to counter such jam24 ming. Each report shall list the countries the governments 

25 of which pursue Internet censorship or jamming and pro-
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1 vide information concerning the government agencies or 

2 quasi-governmental organizations of such governments 

3 that engage in Internet jamming. 

4 (b) FORM.—If the Chairman determines that such is 

5 appropriate, the Chairman may submit such report to6 gether with a classified annex. 

7 SEC. 1111. DEPARTMENT OF STATE EMPLOYMENT COM8 POSITION. 

9 (a) STATEMENT OF POLICY.—In order for the De10 partment of State to accurately represent all people in the 

11 United States, the Department must accurately reflect the 

12 diversity of the United States. 

13 (b) REPORT ON MINORITY RECRUITMENT.—Section 

14 324 of the Foreign Relations Authorization Act, Fiscal 

15 Year 2003 (Public Law 107–228) is amended— 

16 (1) in the matter preceding paragraph (1), by 

17 striking ‘‘April 1, 2003, and April 1, 2004,’’ and in18 serting ‘‘April 1, 2006, and April 1, 2007,’’; and 

19 (2) in paragraphs (1) and (2), by striking ‘‘mi20 nority groups’’ each place it appears and inserting 

21 ‘‘minority groups and women’’. 

22 (c) ACQUISITION.—Section 324 of such Act is further 

23 amended by adding at the end the following new para24 graph: 
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1 ‘‘(3) For the immediately preceding 12-month 

2 period for which such information is available— 

3 ‘‘(A) the numbers and percentages of 

4 small, minority-owned, or disadvantaged busi5 nesses that provide goods and services to the 

6 Department as a result of contracts with the 

7 Department during such period; 

8 ‘‘(B) the total number of such contracts; 

9 ‘‘(C) the total dollar value of such con10 tracts; and 

11 ‘‘(D) and the percentage value represented 

12 by such contract proportionate to the total 

13 value of all contracts held by the Department.’’. 

14 (d) USE OF FUNDS.—The provisions of section 325 

15 of such Act shall apply to funds authorized to be appro16 priated under section 101(1)(G) of this Act. 

17 SEC. 1112. INCITEMENT TO ACTS OF DISCRIMINATION. 

18 (a) INCLUSION OF INFORMATION RELATING TO IN19 CITEMENT TO ACTS OF DISCRIMINATION IN ANNUAL

20 COUNTRY REPORTS ON HUMAN RIGHT PRACTICES.— 

21 (1) COUNTRIES RECEIVING ECONOMIC ASSIST22 ANCE.—Section 116(d) of the Foreign Assistance 

23 Act of 1961 (22 U.S.C. 2151n(d)), as amended by 

24 section 614(b)(1) of this Act, is further amended— 
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1 (A) in paragraph (10), by striking ‘‘and’’ 

2 at the end; 

3 (B) in paragraph (11)(C), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following new 

6 paragraph: 

7 ‘‘(12) wherever applicable, a description of the 

8 nature and extent of— 

9 ‘‘(A) propaganda in foreign government 

10 and foreign government-controlled media and 

11 other sources, including foreign government12 produced educational materials and textbooks, 

13 that attempt to justify or promote racial hatred 

14 or incite acts of violence against any race or 

15 people; 

16 ‘‘(B) complicity or involvement by the for17 eign government in the creation of such propa18 ganda or incitement of acts of violence against 

19 any race or people; and 

20 ‘‘(C) a description of the actions, if any, 

21 taken by the foreign government to eliminate 

22 such propaganda or incitement.’’. 

23 (2) COUNTRIES RECEIVING SECURITY ASSIST24 ANCE.—Section 502B(b) of the Foreign Assistance 

25 Act of 1961 (22 U.S.C. 2304(b)), as amended by 
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1 section 614(b)(2) of this Act, is further amended by 

2 inserting after the ninth sentence the following new 

3 sentence: ‘‘Each report under this section shall also 

4 include, wherever applicable, a description of the na5 ture and extent of propaganda in foreign govern6 ment and foreign government-controlled media and 

7 other sources, including foreign government-pro8 duced educational materials and textbooks, that at9 tempt to justify or promote racial hatred or incite 

10 acts of violence against any race or people, com11 plicity or involvement by the foreign government in 

12 the creation of such propaganda or incitement of 

13 acts of violence against any race or people, and a de14 scription of the actions, if any, taken by the foreign 

15 government to eliminate such propaganda or incite16 ment.’’. 

17 (b) EFFECTIVE DATE OF AMENDMENT.—The 

18 amendment made by subsection (a) shall take effect on 

19 the date of the enactment of this Act and apply beginning 

20 with the first report submitted by the Secretary of State 

21 under sections 116(d) and 502B(b) of the Foreign Assist22 ance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) after 

23 such date. 
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1 SEC. 1113. CHILD MARRIAGE. 

2 (a) ONE TIME REPORT.—Not later than 180 days 

3 after the date of the enactment of this Act, the Secretary 

4 of State shall submit to the appropriate congressional 

5 committees a one time report on the practice of the custom 

6 of child marriage in countries around the world. The re7 port shall include the following information: 

8 (1) A separate section for each country, as ap9 plicable, describing the nature and extent of child 

10 marriage in such country. 

11 (2) A description of the actions, if any, taken 

12 by the government of each such country, where ap13 plicable, to revise the laws of such country and insti14 tutionalize comprehensive procedures and practices 

15 to eliminate child marriage. 

16 (3) A description of the actions taken by the 

17 Department of State and other Federal departments 

18 and agencies to encourage foreign governments to 

19 eliminate child marriage and to support the activi20 ties of non-governmental organizations dedicated to 

21 eliminating child marriage and supporting its vic22 tims. 

23 (b) INCLUSION OF INFORMATION RELATING TO

24 CHILD MARRIAGE IN ANNUAL COUNTRY REPORTS ON

25 HUMAN RIGHTS PRACTICES.— 
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1 (1) COUNTRIES RECEIVING ECONOMIC ASSIST2 ANCE.—Section 116(d) of the Foreign Assistance 

3 Act of 1961 (22 U.S.C. 2151n(d)), as amended by 

4 sections 614(b)(1) and 1013(a)(1) of this Act, is 

5 further amended— 

6 (A) in paragraph (11)(C), by striking 

7 ‘‘and’’ at the end; 

8 (B) in paragraph (12)(C), by striking the 

9 period at the end and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following new 

11 paragraph: 

12 ‘‘(13)(A) wherever applicable, a description of 

13 the nature and extent of laws and traditions in each 

14 country that enable or encourage the practice of 

15 child marriage; and 

16 ‘‘(B) a description of the actions, if any, taken 

17 by the government of each such country to revise the 

18 laws of such country and institutionalize comprehen19 sive procedures and practices to eliminate child mar20 riage.’’. 

21 (2) COUNTRIES RECEIVING SECURITY ASSIST22 ANCE.—Section 502B(b) of the Foreign Assistance 

23 Act of 1961 (22 U.S.C. 2304(b)), as amended by 

24 sections 614(b)(2) and 1013(a)(2) of this Act, is 

25 further amended by inserting after the tenth sen-
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1 tence the following new sentence: ‘‘Each report 

2 under this section shall also include, wherever appli3 cable, a description of the nature and extent of laws 

4 and traditions in each country that enable or encour5 age the practice of child marriage and a description 

6 of the actions, if any, taken by the government of 

7 each such country to revise the laws of such country 

8 and institutionalize comprehensive procedures and 

9 practices to eliminate child marriage.’’. 

10 (c) EFFECTIVE DATE OF AMENDMENT.—The 

11 amendment made by subsection (b) shall take effect on 

12 the date of the enactment of this Act and apply beginning 

13 with the first report submitted by the Secretary of State 

14 under sections 116(d) and 502B(b) of the Foreign Assist15 ance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) after 

16 the report required under subsection (a). 

17 SEC. 1114. MAGEN DAVID ADOM SOCIETY. 

18 (a) FINDINGS.—Section 690(a) of the Foreign Rela19 tions Authorization Act, Fiscal Year 2003 (Public Law 

20 107–228), is amended by adding at the end the following: 

21 ‘‘(5) Since the founding of the Magen David 

22 Adom Society in 1930, the American Red Cross has 

23 regarded it as a sister national society forging close 

24 working ties between the two societies and has con25 sistently advocated recognition and membership of 
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1 the Magen David Adom Society in the International 

2 Red Cross and Red Crescent Movement. 

3 ‘‘(6) The American Red Cross and the Magen 

4 David Adom Society signed an important memo5 randum of understanding in November 2002, out6 lining areas for strategic collaboration, and the 

7 American Red Cross will encourage other societies to 

8 establish similar agreements with the Magen David 

9 Adom Society.’’. 

10 (b) SENSE OF CONGRESS.—Section 690(b) of such 

11 Act is amended— 

12 (1) in paragraph (3), by striking ‘‘and’’ at the 

13 end; 

14 (2) by redesignating paragraph (4) as para15 graph (5); and 

16 (3) by inserting after paragraph (3) the fol17 lowing new paragraph: 

18 ‘‘(4) the High Contracting Parties to the Gene19 va Conventions of August 12, 1949, should adopt 

20 the October 12, 2000, draft additional protocol 

21 which would accord international recognition to an 

22 additional distinctive emblem; and’’. 

23 (c) REPORT.—Section 690 of such Act is further 

24 amended by adding at the end the following new sub25 section: 
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1 ‘‘(c) REPORT.—Not later than 60 days after the date 

2 of the enactment of the Foreign Relations Authorization 

3 Act, Fiscal Years 2006 and 2007, and one year thereafter, 

4 the Secretary of State shall submit a report, on a classified 

5 basis if necessary, to the appropriate congressional com6 mittees describing— 

7 ‘‘(1) efforts by the United States to obtain full 

8 membership for the Magen David Adom Society in 

9 the International Red Cross and Red Crescent Move10 ment; 

11 ‘‘(2) efforts by the International Committee of 

12 the Red Cross to obtain full membership for the 

13 Magen David Adom Society in the International Red 

14 Cross and Red Crescent Movement; 

15 ‘‘(3) efforts of the High Contracting Parties to 

16 the Geneva Conventions of August 12, 1949, to 

17 adopt the October 12, 2000, draft additional pro18 tocol to the Geneva Conventions; 

19 ‘‘(4) the extent to which the Magen David 

20 Adom Society is participating in the activities of the 

21 International Red Cross and Red Crescent Move22 ment; and 

23 ‘‘(5) efforts by any state, member, or official of 

24 the International Red Cross and Red Crescent Move-
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1 ment to prevent, obstruct, or place conditions 

2 upon— 

3 ‘‘(A) adoption by the High Contracting 

4 Parties to the Geneva Conventions of August 

5 12, 1949, of the October 12, 2000, draft addi6 tional protocol to the Geneva Conventions; and 

7 ‘‘(B) full participation of the Magen David 

8 Adom Society in the activities of the Inter9 national Red Cross and Red Crescent Move10 ment.’’. 

11 SEC. 1115. DEVELOPMENTS IN AND POLICY TOWARD INDO12 NESIA. 

13 (a) STATEMENT OF CONGRESS RELATING TO RE14 CENT DEVELOPMENTS, HUMAN RIGHTS, AND REFORM.— 

15 Congress— 

16 (1) recognizes the remarkable progress in de17 mocratization and decentralization made by Indo18 nesia in recent years and commends the people of 

19 Indonesia on the pace and scale of those continuing 

20 reforms; 

21 (2) reaffirms— 

22 (A) its deep condolences to the people of 

23 Indonesia for the profound losses inflicted by 

24 the December 26, 2004, earthquake and tsu25 nami; and 
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1 (B) its commitment to generous United 

2 States support for relief and long term recon3 struction efforts in affected areas; 

4 (3) expresses its hope that in the aftermath of 

5 the tsunami tragedy the Government of Indonesia 

6 and other parties will succeed in reaching and imple7 menting a peaceful, negotiated settlement of the 

8 long-standing conflict in Aceh; 

9 (4) commends the Government of Indonesia for 

10 allowing broad international access to Aceh after the 

11 December 2004 tsunami, and urges that inter12 national nongovernmental organizations and media 

13 be allowed unfettered access throughout Indonesia, 

14 including in Papua and Aceh; 

15 (5) notes with grave concern that— 

16 (A) reform of the Indonesian security 

17 forces has not kept pace with democratic polit18 ical reform, and that the Indonesian military is 

19 subject to inadequate civilian control and over20 sight, lacks budgetary transparency, and con21 tinues to emphasize an internal security role 

22 within Indonesia; 

23 (B) members of the Indonesian security 

24 forces continue to commit many serious human 

25 rights violations, including killings, torture, 
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1 rape, and arbitrary detention, particularly in 

2 areas of communal and separatist conflict; and 

3 (C) the Government of Indonesia largely 

4 fails to hold soldiers and police accountable for 

5 extrajudicial killings and other serious human 

6 rights abuses, both past and present, including 

7 atrocities committed in East Timor prior to its 

8 independence from Indonesia; 

9 (6) condemns the intimidation and harassment 

10 of human rights and civil society organizations by 

11 members of the Indonesian security forces and mili12 tary-backed militia groups, and urges a complete in13 vestigation of the fatal poisoning of prominent 

14 human rights activist Munir in September 2004; and 

15 (7) urges the Government of Indonesia and the 

16 Indonesian military to continue to provide full, ac17 tive, and unfettered cooperation to the Federal Bu18 reau of Investigation of the Department of Justice 

19 in its investigation of the August 31, 2002, attack 

20 near Timika, Papua, which killed three people (in21 cluding two Americans, Rick Spier and Ted Burgon) 

22 and injured 12 others, and to pursue the indictment, 

23 apprehension, and prosecution of all parties respon24 sible for that attack. 
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1 (b) FINDINGS RELATING TO PAPUA.—Congress finds 

2 the following: 

3 (1) Papua, a resource-rich province whose in4 digenous inhabitants are predominantly Melanesian, 

5 was formerly a colony of the Netherlands. 

6 (2) While Indonesia has claimed Papua as part 

7 of its territory since its independence in the late 

8 1940s, Papua remained under Dutch administrative 

9 control until 1962. 

10 (3) On August 15, 1962, Indonesia and the 

11 Netherlands signed an agreement at the United Na12 tions in New York (commonly referred to as the 

13 ‘‘New York Agreement’’) which transferred adminis14 tration of Papua first to a United Nations Tem15 porary Executive Authority (UNTEA), and then to 

16 Indonesia in 1963, pending an ‘‘act of free choice 

17 . . . to permit the inhabitants to decide whether 

18 they wish to remain with Indonesia’’. 

19 (4) In the New York Agreement, Indonesia for20 mally recognized ‘‘the eligibility of all adults [in 

21 Papua] . . . to participate in [an] act of self-deter22 mination to be carried out in accordance with inter23 national practice’’, and pledged ‘‘to give the people 

24 of the territory the opportunity to exercise freedom 

25 of choice . . . before the end of 1969’’. 
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1 (5) In July and August 1969, Indonesia con2 ducted an ‘‘Act of Free Choice’’, in which 1,025 se3 lected Papuan elders voted unanimously to join In4 donesia, in circumstances that were subject to both 

5 overt and covert forms of manipulation. 

6 (6) In the intervening years, indigenous 

7 Papuans have suffered extensive human rights 

8 abuses, natural resource exploitation, environmental 

9 degradation, and commercial dominance by immi10 grant communities, and some individuals and groups 

11 estimate that more than 100,000 Papuans have been 

12 killed during Indonesian rule, primarily during the 

13 Sukarno and Suharto administrations. 

14 (7) While the United States supports the terri15 torial integrity of Indonesia, Indonesia’s historical 

16 reliance on force for the maintenance of control has 

17 been counterproductive, and long-standing abuses by 

18 security forces have galvanized independence senti19 ments among many Papuans. 

20 (8) While the Indonesian parliament passed a 

21 Special Autonomy Law for Papua in October 2001 

22 that was intended to allocate greater revenue and 

23 decision making authority to the Papuan provincial 

24 government, the promise of special autonomy has 

25 not been effectively realized and has been under-
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1 mined in its implementation, such as by conflicting 

2 legal directives further subdividing the province in 

3 apparent contravention of the law and without the 

4 consent of appropriate provincial authorities. 

5 (9) Rather than demilitarizing its approach, In6 donesia has reportedly sent thousands of additional 

7 troops to Papua, and military operations in the cen8 tral highlands since the fall of 2004 have displaced 

9 thousands of civilians into very vulnerable cir10 cumstances, contributing further to mistrust of the 

11 central government by many indigenous Papuans. 

12 (10) According to the 2004 Annual Country 

13 Report on Human Rights Practices of the Depart14 ment of State, in Indonesia ‘‘security force members 

15 murdered, tortured, raped, beat, and arbitrarily de16 tained civilians and members of separatist move17 ments’’ and ‘‘police frequently and arbitrarily de18 tained persons without warrants, charges, or court 

19 proceedings’’ in Papua. 

20 (c) REPORTING REQUIREMENTS.— 

21 (1) REPORT ON SPECIAL AUTONOMY.—Not 

22 later than 180 days after the date of the enactment 

23 of this Act and one year thereafter, the Secretary of 

24 State shall submit to the appropriate congressional 

25 committees a report detailing implementation of spe-
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1 cial autonomy for Papua and Aceh. Such reports 

2 shall include— 

3 (A) an assessment of the extent to which 

4 each province has enjoyed an increase in rev5 enue allocations and decision making authority; 

6 (B) a description of access by international 

7 press and non-governmental organizations to 

8 each province; 

9 (C) an assessment of the role played by 

10 local civil society in governance and decision 

11 making; 

12 (D) a description of force levels and con13 duct of Indonesian security forces in each prov14 ince; and 

15 (E) a description of United States efforts 

16 to promote respect for human rights in each 

17 province. 

18 (2) REPORT ON THE 1969 ACT OF FREE

19 CHOICE.—Not later than 180 days after the date of 

20 the enactment of this Act, the Secretary of State 

21 shall submit to the appropriate congressional com22 mittees a report analyzing the 1969 Act of Free 

23 Choice. 
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1 SEC. 1116. MURDERS OF UNITED STATES CITIZENS JOHN 

2 BRANCHIZIO, MARK PARSON, AND JOHN 

3 MARIN LINDE. 

4 (a) FINDINGS.—Congress makes the following find5 ings: 

6 (1) On October 15, 2003, a convoy of clearly 

7 identified United States diplomatic vehicles was at8 tacked by Palestinian terrorists in Gaza resulting in 

9 the death of United States citizens John Branchizio, 

10 Mark Parson, and John Marin Linde, and the injury 

11 of a fourth United States citizen. 

12 (2) John Branchizio, Mark Parson, and John 

13 Marin Linde were contract employees providing se14 curity to United States diplomatic personnel who 

15 were visiting Gaza in order to identify potential Pal16 estinian candidates for Fulbright Scholarships. 

17 (3) A senior official of the Palestinian Author18 ity was reported to have stated on September 22, 

19 2004, that ‘‘Palestinian security forces know who 

20 was behind the killing’’ of John Branchizio, Mark 

21 Parson, and John Marin Linde. 

22 (4) Following her visit to Israel and the West 

23 Bank on February 7, 2005, Secretary of State 

24 Condoleezza Rice announced that she had been ‘‘as25 sured by President Abbas of the Palestinian 

26 Authority’s intention to bring justice to those who 
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1 murdered three American personnel in the Gaza in 

2 2003’’. 

3 (5) Since the attack on October 15, 2003, 

4 United States Government personnel have been pro5 hibited from all travel in Gaza. 

6 (6) The United States Rewards for Justice pro7 gram is offering a reward of up to $5,000,000 for 

8 information leading to the arrest or conviction of 

9 any persons involved in the murder of John 

10 Branchizio, Mark Parson, and John Marin Linde. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) the continued inability or unwillingness of 

14 the Palestinian Authority to actively and aggres15 sively pursue the murderers of United States citizens 

16 John Branchizio, Mark Parson, and John Marin 

17 Linde and bring them to justice calls into question 

18 the Palestinian Authority’s viability as a partner for 

19 the United States in resolving the Palestinian-Israeli 

20 conflict; 

21 (2) future United States assistance to the Pal22 estinian Authority may be affected, and the contin23 ued operation of the PLO Representative Office in 

24 Washington may be jeopardized, if the Palestinian 

25 Authority does not fully and effectively cooperate in 
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1 bringing to justice the murderers of John 

2 Branchizio, Mark Parson, and John Marin Linde; 

3 and 

4 (3) it is in the vital national security interest of 

5 the United States to safeguard, to the greatest ex6 tent possible consistent with their mission, United 

7 States diplomats and all embassy and consulate per8 sonnel, and to use the full power of the United 

9 States to bring to justice any individual or entity 

10 that threatens, jeopardizes, or harms them. 

11 (c) REPORT.—Not later than 30 days after the date 

12 of the enactment of this Act, and every 120 days there13 after, the Secretary of State shall submit a report, on a 

14 classified basis if necessary, to the appropriate congres15 sional committees describing— 

16 (1) efforts by the United States to bring to jus17 tice the murderers of United States citizens John 

18 Branchizio, Mark Parson, and John Marin Linde; 

19 (2) a detailed assessment of efforts by the Pal20 estinian Authority to bring to justice the murderers 

21 of John Branchizio, Mark Parson, and John Marin 

22 Linde, including— 

23 (A) the number of arrests, interrogations, 

24 and interviews by Palestinian Authority officials 

25 related to the case; 
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1 (B) the number of Palestinian security 

2 personnel and man-hours assigned to the case; 

3 (C) the extent of personal supervision or 

4 involvement by the President and Ministers of 

5 the Palestinian Authority; and 

6 (D) the degree of cooperation between the 

7 United States and the Palestinian Authority in 

8 regards to this case; 

9 (3) a specific assessment by the Secretary of 

10 whether the Palestinian efforts described in para11 graph (2) constitute the best possible effort by the 

12 Palestinian Authority; and 

13 (4) any additional steps or initiatives requested 

14 or recommended by the United States that were not 

15 pursued by the Palestinian Authority. 

16 (d) CERTIFICATION.—The requirement to submit a 

17 report under subsection (c) shall no longer apply if the 

18 Secretary of State certifies to the appropriate congres19 sional committees that the murderers of United States 

20 citizens John Branchizio, Mark Parson, and John Marin 

21 Linde have been identified, arrested, and brought to jus22 tice. 

23 (e) DEFINITION.—In this section, the term ‘‘appro24 priate congressional committees’’ means— 
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1 (1) the Committee on International Relations 

2 and the Committee on Appropriations of the House 

3 of Representatives; and 

4 (2) the Committee on Foreign Relations and 

5 the Committee on Appropriations of the Senate. 

6 SEC. 1117. DIPLOMATIC RELATIONS WITH ISRAEL. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

9 (1) Israel is a friend and ally of the United 

10 States whose security is vital to regional stability 

11 and United States interests. 

12 (2) Israel currently maintains diplomatic rela13 tions with 160 countries, 33 countries do not have 

14 any diplomatic relations with Israel, and one country 

15 has partial relations with Israel. 

16 (3) The Government of Israel has been actively 

17 seeking to establish formal relations with a number 

18 of countries. 

19 (4) After 57 years of existence, Israel deserves 

20 to be treated as an equal country by its neighbors 

21 and the world community. 

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that the United States should assist Israel in its ef24 forts to establish diplomatic relations. 
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1 (c) REPORT.—Not later than 90 days after the date 

2 of the enactment of this Act and annually thereafter, the 

3 Secretary of State shall submit to the appropriate congres4 sional committees a report that includes the following in5 formation (in classified or unclassified form, as appro6 priate): 

7 (1) Actions taken by representatives of the 

8 United States to encourage other countries to estab9 lish full diplomatic relations with Israel. 

10 (2) Specific responses solicited and received by 

11 the Secretary from countries that do not maintain 

12 full diplomatic relations with Israel with respect to 

13 their attitudes toward and plans for entering into 

14 diplomatic relations with Israel. 

15 (3) Other measures being undertaken, and 

16 measures that will be undertaken, by the United 

17 States to ensure and promote Israel’s full participa18 tion in the world diplomatic community. 

19 (d) DEFINITION.—In this section, the term ‘‘appro20 priate congressional committees’’ means— 

21 (1) the Committee on International Relations 

22 and the Committee on Appropriations of the House 

23 of Representatives; and 

24 (2) the Committee on Foreign Relations and 

25 the Committee on Appropriations of the Senate. 
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1 SEC. 1118. TAX ENFORCEMENT IN COLOMBIA. 

2 Not later than 90 days after the date of the enact3 ment of this Act, the Secretary of State shall submit to 

4 the Committee on International Relations of the House 

5 of Representatives, the Committee on Foreign Relations 

6 of the Senate, the Committee on Appropriations of the 

7 House of Representatives, and the Committee on Appro8 priations of the Senate a report detailing challenges to tax 

9 code enforcement in Colombia. This report shall include, 

10 as a percentage of Colombia’s gross domestic product, an 

11 estimate of current tax revenue, an estimate of potential 

12 additional tax revenue if Colombia’s existing tax laws were 

13 fully enforced, and a discussion of how such additional rev14 enue could be used to achieve the objectives of Plan Co15 lombia, including supporting and expanding Colombia’s 

16 security forces and increasing the availability of alter17 native livelihoods for illicit crop growers and former com18 batants. 

19 SEC. 1119. PROVISION OF CONSULAR AND VISA SERVICES 

20 IN PRISTINA, KOSOVA. 

21 (a) REPORT.—Not later than 90 days after the date 

22 of the enactment of this Act, the Secretary of State shall 

23 submit to the appropriate congressional committees a re24 port describing the possibility of providing consular and 

25 visa services at the United States Office Pristina, Kosovo 

26 (USOP) to residents of Kosova. 
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1 (b) CONTENTS.—The report required under sub2 section (a) shall contain the following information: 

3 (1) The reasons why consular and visa services 

4 are not currently offered at the USOP, even though 

5 the Office has been in operation for more than five 

6 years. 

7 (2) Plans for providing consular and visa serv8 ices at the USOP, including conditions required be9 fore such services would be provided and the planned 

10 timing for providing such services. 

11 (3) An explanation of why consular and visa 

12 services will not be offered at the USOP by January 

13 1, 2007, if such services are not planned to be of14 fered by such date. 

15 (4) The number of residents of Kosova who 

16 apply for their visas outside of Kosova for each cal17 endar year from 2000–2005. 

18 SEC. 1120. DEMOCRACY IN PAKISTAN. 

19 Not later than December 31 in each of fiscal years 

20 2006 and 2007, the President shall submit to the appro21 priate congressional committees a report that contains a 

22 description of the extent to which, over the preceding 12- 

23 month period, the Government of Pakistan has restored 

24 a fully functional democracy in Pakistan in which free, 

25 fair, and transparent elections are held. 
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1 SEC. 1121. STATUS OF THE SOVEREIGNTY OF LEBANON. 

2 (a) SENSE OF CONGRESS.—It is the sense of Con3 gress that— 

4 (1) all parties in the Middle East and inter5 nationally should exert every effort to implement in 

6 its entirety the provisions of United Nations Secu7 rity Council Resolution 1559 (2004), which, among 

8 other things— 

9 (A) calls for ‘‘strict respect’’ for Lebanon’s 

10 sovereignty, territorial integrity, unity, and po11 litical independence ‘‘under the sole and exclu12 sive authority of the Government of Lebanon 

13 throughout Lebanon’’; 

14 (B) calls upon all remaining foreign forces 

15 to withdraw from Lebanon; 

16 (C) calls for the ‘‘disbanding and disar17 mament of all Lebanese and non-Lebanese mili18 tias’’; and 

19 (D) supports the extension of the control 

20 of the Government of Lebanon over all Leba21 nese territory; 

22 (2) in accordance with United Nations Security 

23 Council Resolution 1559, all militias in Lebanon, in24 cluding Hizballah, should be disbanded and dis25 armed at the earliest possible opportunity, and the 
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1 armed forces of Lebanon should take full control of 

2 all of Lebanon’s territory and borders; 

3 (3) the Government of Lebanon is responsible 

4 for the disbanding and disarming of the militias, in5 cluding Hizballah, and preventing the flow of arma6 ments and other military equipment to the militias, 

7 including Hizballah, from Syria, Iran, and other ex8 ternal sources; 

9 (4) Hizballah utilizes its resources to operate 

10 its television station, al-Manar, to recruit terrorists 

11 and incite violence, which contributes to instability 

12 in Lebanon and throughout the region; 

13 (5) the Government of Lebanon should take 

14 steps to address the threat posed by al-Manar, in15 cluding by revoking its license; 

16 (6) the Government of the United States should 

17 closely monitor progress toward full implementation 

18 of all aspects of United Nations Security Council 

19 Resolution 1559, particularly the matters described 

20 in subparagraphs (A) through (D) of paragraph (1); 

21 (7) the Government of the United States should 

22 closely monitor the Government of Lebanon’s efforts 

23 to stanch the flow of armaments and other military 

24 equipment to Hizballah and other militias from ex25 ternal sources, such as Syria and Iran; 
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1 (8) the United States and its allies should con2 sider providing training and other assistance to the 

3 armed forces of Lebanon to enhance their ability to 

4 disarm Hizballah and other militias and stanch the 

5 flow of arms to Hizballah and other militias; and 

6 (9) United States assistance provided to Leb7 anon after the date of the enactment of this Act may 

8 be affected if Lebanon does not make every effort to 

9 disarm militias, including Hizballah, and to deny 

10 them re-armament. 

11 (b) REPORT.—Not later than 120 days after the date 

12 of the enactment of this Act, and every 180 days there13 after, the Secretary of State shall submit to the appro14 priate congressional committees a report that describes 

15 and evaluates— 

16 (1) the extent to which armed militias continue 

17 to operate in Lebanon and the progress of the Gov18 ernment of Lebanon to disband and disarm such mi19 litias; 

20 (2) the extent to which the Government of Leb21 anon is committed to disbanding and disarming 

22 Hizballah and other militias and stanching the flow 

23 of arms to Hizballah and other militias; 
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1 (3) the progress of the armed forces of Lebanon 

2 to deploy to and take full control of all of Lebanon’s 

3 borders; 

4 (4) the extent to which countries in the region 

5 attempt to direct arms to Lebanon-based militias or 

6 allow their territory to be traversed for this purpose 

7 and the extent to which these armament efforts suc8 ceed; 

9 (5) the routes and means used by external 

10 sources attempting to supply arms to the Lebanon11 based militias the countries that are involved in 

12 these efforts; 

13 (6) the efforts of the United States and its al14 lies to facilitate the process of disbanding and dis15 arming Lebanon-based militias and stanching the 

16 flow of weapons to such militias; 

17 (7) any recommendations for legislation to sup18 port the disbanding and disarming of Lebanon-based 

19 militias; and 

20 (8) efforts by the Government of Lebanon and 

21 the United States and its allies to end broadcasts by 

22 al-Manar. 

23 (c) FORM.—The report required by subsection (b) 

24 shall be submitted in unclassified form and may contain 

25 a classified annex if necessary. 
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1 (d) CERTIFICATION.—The requirement to submit a 

2 report under subsection (b) shall no longer apply if the 

3 Secretary certifies to the appropriate congressional com4 mittees that all Lebanon-based militias have been dis5 banded and disarmed and the armed forces of Lebanon 

6 are deployed to and in full control of Lebanon’s borders. 

7 SEC. 1122. ACTIVITIES OF INTERNATIONAL TERRORIST OR8 GANIZATIONS IN LATIN AMERICA AND THE 

9 CARIBBEAN. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that— 

12 (1) activities in Latin America and the Carib13 bean by international terrorist organizations and 

14 their affiliates and supporters represent a direct 

15 threat to the national security of the United States 

16 and hemispheric stability; 

17 (2) international terrorist organizations, such 

18 as Hezbollah and Hamas, have profited and taken 

19 advantage of the dearth or weakened state of the 

20 rule of law in many Latin American and Caribbean 

21 countries to further their own aims; and 

22 (3) the United States should work cooperatively 

23 with countries of Latin America and the Caribbean 

24 to expose and prevent such activities. 
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1 (b) REPORT.—Not later than 180 days after the date 

2 of the enactment of this Act, and not later than June 30 

3 of the year thereafter, the Secretary of State shall submit 

4 to the appropriate congressional committees a report on 

5 the activities of international terrorist organizations in 

6 Latin America and the Caribbean. The report shall include 

7 the following: 

8 (1) An assessment of the membership, stated 

9 intentions, recruitment, and terrorist fundraising ca10 pabilities of each international terrorist organization 

11 operating in Latin America and the Caribbean. 

12 (2) An assessment of the relationship of each 

13 such international terrorist organization with other 

14 criminal enterprises or terrorist organizations for 

15 fundraising and other criminal purposes. 

16 (3) An assessment of the activities of each such 

17 international terrorist organization. 

18 (c) FORM.—The report required by subsection (b) 

19 shall be submitted in unclassified form but may contain 

20 a classified annex. 

21 SEC. 1123. ANALYSIS OF EMPLOYING WEAPONS SCIENTISTS 

22 FROM THE FORMER SOVIET UNION IN 

23 PROJECT BIOSHIELD. 

24 (a) REPORT.—Not later than November 1, 2006, the 

25 Secretary of State, after consultation with the Secretary 
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1 of Health and Human Services, shall submit to the appro2 priate congressional committees a report containing an 

3 analysis of— 

4 (1) the scientific and technological contributions 

5 that scientists formerly employed in the former So6 viet Union in the field of biological warfare could 

7 make to the research and development of biomedical 

8 countermeasures; 

9 (2) the practical alternative methods through 

10 which the services of such scientists could be em11 ployed so as to facilitate the application of the 

12 knowledge and experience of such scientists to such 

13 research and development; 

14 (3) the cost-effectiveness of those methods of 

15 employing the services of such scientists; and 

16 (4) the desirability and national security impli17 cations of providing employment opportunities for 

18 such scientists in the field of research and develop19 ment of biomedical countermeasures for purposes of 

20 biological weapons nonproliferation. 

21 (b) RECOMMENDATIONS.—Each Secretary shall also 

22 include in the report required under subsection (a) any 

23 recommendations of each for appropriate legislation to ad24 dress the issues analyzed in the report. 
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1 (c) DEFINITION.—In this section, the term ‘‘bio2 medical countermeasures’’ means a drug (as such term is 

3 defined in section 201(g)(1) of the Federal Food, Drug, 

4 and Cosmetic Act (21 U.S.C. 321(g)(1))), biological prod5 uct (as such term is defined in section 351(i) of the Public 

6 Health Service Act (42 U.S.C. 262(i))), or device (as such 

7 term is defined in section 201(h) of the Federal Food, 

8 Drug, and Cosmetic Act (21 U.S.C. 321(h))) that is 

9 used— 

10 (1) in the diagnosis, cure, mitigation, treat11 ment, or prevention of harm from any biological, 

12 chemical, radiological, or nuclear agent that may 

13 cause a public health emergency affecting national 

14 security; or 

15 (2) in diagnosis, cure, mitigation, treatment, or 

16 prevention of harm from a condition that may result 

17 in adverse health consequences or death. 

18 SEC. 1124. EXTRADITION OF VIOLENT CRIMINALS FROM 

19 MEXICO TO THE UNITED STATES. 

20 (a) FINDINGS.—Congress finds the following: 

21 (1) Mexico is unable to extradite criminals who 

22 face life sentences without the possibility of parole 

23 because of a 2001 decision of the Mexican Supreme 

24 Court. 
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1 (2) As a result of this ruling, Mexico is unable 

2 to extradite to the United States numerous suspects 

3 wanted for violent crimes committed in the United 

4 States unless the United States assures Mexico that 

5 these criminals will not face life imprisonment with6 out the possibility of parole. 

7 (3) The attorneys general from all 50 States 

8 have asked the Government of the United States to 

9 continue to address this extradition issue with the 

10 Government of Mexico. 

11 (4) The Government of the United States and 

12 the Government of Mexico have experienced positive 

13 cooperation on numerous matters relevant to their 

14 bilateral relationship, including increased coopera15 tion on extraditions. 

16 (b) SENSE OF CONGRESS.—It is the sense of Con17 gress that the Government of the United States should 

18 encourage the Government of Mexico to continue to work 

19 closely with the Mexican Supreme Court to urge the Court 

20 to re-visit its October 2001 ruling so that the possibility 

21 of life imprisonment without parole will not have an effect 

22 on the timely extradition of criminal suspects from Mexico 

23 to the United States. 

24 (c) REPORTS.— 
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1 (1) ANNUAL NUMBER AND STATUS OF FORMAL

2 EXTRADITION REQUESTS MADE TO MEXICO BY THE

3 UNITED STATES.—Not later than six months after 

4 the date of the enactment of this Act and annually 

5 thereafter, the Secretary of State shall submit to the 

6 appropriate congressional committees a report that 

7 includes— 

8 (A) the number of formal requests made to 

9 the Government of Mexico by the Government 

10 of the United States for the extradition of 

11 Mexican nationals suspected of or convicted in 

12 abstentia for crimes committed in the United 

13 States in the preceding fiscal year, the names 

14 of such nationals, the crimes of which each such 

15 national is suspected or has been convicted in 

16 abstentia, a detailed disposition of the status of 

17 each such extradition request, and the progress 

18 that has been made with respect to each such 

19 extradition request in the preceding fiscal year; 

20 and 

21 (B) the number of such nationals who 

22 Mexico has extradited to the United States in 

23 response to formal extradition requests for such 

24 nationals in the preceding fiscal year. 
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1 (2) AGGREGATE NUMBER AND STATUS OF FOR2 MAL EXTRADITION REQUESTS MADE TO MEXICO BY

3 THE UNITED STATES.—Not later than six months 

4 after the date of the enactment of this Act and an5 nually thereafter, the Secretary of State shall submit 

6 to the appropriate congressional committees a report 

7 that includes— 

8 (A) the number of formal requests made to 

9 the Government of Mexico by the Government 

10 of the United States for the extradition of 

11 Mexican nationals suspected of or convicted in 

12 abstentia for crimes committed in the United 

13 States since the signing of the Extradition trea14 ty, with appendix, between the United States 

15 and Mexico, signed at Mexico City on May 4, 

16 1978 (31 UST 5059), including the names of 

17 such nationals, the crimes of which each such 

18 national is suspected or has been convicted in 

19 abstentia, a detailed disposition of the status of 

20 each such extradition request, and the progress 

21 that has been made with respect to each such 

22 extradition request since such signing; and 

23 (B) the number of such nationals who 

24 Mexico has extradited to the United States in 

25 response to formal extradition requests for such 
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1 nationals since the signing of the Extradition 

2 treaty, with appendix between the United 

3 States and Mexico. 

4 (3) COOPERATION BY THE UNITED STATES

5 WITH EXTRADITION REQUESTS FROM MEXICO.—Not 

6 later than six months after the date of the enact7 ment of this Act and annually thereafter, the Sec8 retary of State shall submit to the appropriate con9 gressional committees a report that includes— 

10 (A) the number of United States nationals 

11 who the United States has extradited to Mexico 

12 in response to formal extradition requests for 

13 such nationals by Mexico in the preceding fiscal 

14 year; and 

15 (B) the number of United States nationals 

16 who the United States has extradited to Mexico 

17 in response to formal extradition requests for 

18 such nationals by Mexico since the signing of 

19 the Extradition treaty, with appendix between 

20 the United States and Mexico. 

21 (d) FORM.—If the Secretary of State determines that 

22 such is appropriate, the Secretary may submit a report 

23 required under subsection (c) with a classified annex. 
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1 SEC. 1125. ACTIONS OF THE 661 COMMITTEE. 

2 (a) REPORT.—Not later than 120 days after the date 

3 of the enactment of this Act, the Secretary of State shall 

4 submit to the appropriate congressional committees a re5 port on United States decisions, actions, communications, 

6 and deliberations in the 661 Committee of the United Na7 tions regarding the issues of overpricing of contracts, kick8 backs from sales of humanitarian goods, efforts to correct 

9 and revalue the remaining contracts in the post-Saddam 

10 Hussein regime era, oil smuggling, and trade protocols. 

11 The report shall examine the process by which the United 

12 States made its decisions in the 661 Committee, the offi13 cials in the United States Government involved in these 

14 decisions, and the names of the officials who made the 

15 final decisions. The report shall also include information 

16 detailing the positions of the other members states of the 

17 661 Committee with respect to the issues described in this 

18 subsection. 

19 (b) INCLUSION OF SUPPORTING DOCUMENTS.—The 

20 report required under subsection (a) shall contain all sup21 porting documents with respect to the decisions, actions, 

22 communications, and deliberations referred in such sub23 section. 

24 (c) FORMAT.—If the Secretary determines that such 

25 is appropriate, the Secretary may submit the report re26 quired under subsection (a) with a classified annex. 
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1 (d) DEFINITION.—In this section, the term ‘‘661 

2 Committee’’ means the committee within the United Na3 tions that was tasked with administering the United Na4 tions oil for food program. 

5 SEC. 1126. ELIMINATION OF REPORT ON REAL ESTATE 

6 TRANSACTIONS. 

7 Section 12 of the Foreign Service Buildings Act, 

8 1926 (22 U.S.C. 303) is hereby repealed. 

9 SEC. 1127. ALIEN SMUGGLING AND TRAFFICKING IN PER10 SONS FROM ECUADOR. 

11 (a) IN GENERAL.—Not later than six months after 

12 the date of the enactment of this Act, the Secretary of 

13 State shall submit to the appropriate congressional com14 mittees a report, based on a cost-benefit analysis, that ex15 amines and describes the most effective use, across all re16 sponsible Federal departments and agencies, of United 

17 States security assistance (including assistance under 

18 chapter 8 of part I of the Foreign Assistance Act of 1961 

19 (22 U.S.C. 2291 et seq.; relating to international narcotics 

20 control)) to Ecuador, including the use of intelligence 

21 gathering and surveillance, to establish mechanisms to— 

22 (1) prevent and interdict alien smuggling, in23 cluding trafficking in persons, from Ecuador, either 

24 at land points of assembly, or later at sea; 
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1 (2) prevent potential concealment of terrorists 

2 attempting to enter the United States within the 

3 smuggled group; and 

4 (3) identify and prosecute individuals or organi5 zations that engage in or promote such alien smug6 gling. 

7 (b) COOPERATION IN PREPARATION.—The Secretary 

8 shall prepare the report referred to in subsection (a) in 

9 cooperation with the Secretary of Homeland Security, who 

10 shall specifically address the roles and impacts of alien 

11 smuggling from Ecuador on United States air and surface 

12 assets assigned to counternarcotics missions in the eastern 

13 Pacific Ocean. 

14 SEC. 1128. EXTRADITIONS OF AFGHAN DRUG TRAFFICKERS 

15 AND DRUG KINGPINS. 

16 Not later than 90 days after the date of the enact17 ment of this Act, the Secretary of State shall submit to 

18 the appropriate congressional committees a report describ19 ing all pending United States requests for extradition 

20 from Afghanistan of illicit drug traffickers and drug king21 pins who are under indictment in the United States. Such 

22 report shall also include a description of the status and 

23 response to such requests from the Government of Af24 ghanistan. 
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1 SEC. 1129. FUNDING FOR NONGOVERNMENTAL ORGANIZA2 TIONS UNDER THE PRESIDENT’S EMERGENCY 

3 PLAN FOR AIDS RELIEF. 

4 Not later than 90 days after the date of the enact5 ment of this Act, the Secretary of State shall submit to 

6 the appropriate congressional committees a report that— 

7 (1) identifies by name each nongovernmental 

8 organization that has received funding under the 

9 President’s Emergency Plan for AIDS Relief on or 

10 after the date of the enactment of the United States 

11 Leadership Against HIV/AIDS, Tuberculosis, and 

12 Malaria Act of 2003 (Public Law 108–25), the date 

13 on which the funding was provided to the organiza14 tion, and the date on which the organization filed a 

15 statement with the Government of the United States 

16 certifying that the organization has in effect a policy 

17 explicitly opposing prostitution and sex trafficking; 

18 and 

19 (2) contains a description of the plan of the De20 partment of State to audit compliance by each non21 governmental organization that receives funding 

22 under the President’s Emergency Plan for AIDS Re23 lief to have and adhere to a policy explicitly opposing 

24 prostitution and sex trafficking and to submit to the 

25 appropriate congressional committees the results of 

26 such audit. 
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1 TITLE XII—HENRY J. HYDE 

2 UNITED NATIONS REFORM 

3 ACT OF 2005 

4 SEC. 1201. SHORT TITLE. 

5 This title may be cited as the ‘‘Henry J. Hyde United 

6 Nations Reform Act of 2005’’. 

7 SEC. 1202. DEFINITIONS. 

8 In this title: 

9 (1) EMPLOYEE.—The term ‘‘employee’’ means 

10 an individual who is employed in the general serv11 ices, professional staff, or senior management of the 

12 United Nations, including contractors and consult13 ants. 

14 (2) GENERAL ASSEMBLY.—The term ‘‘General 

15 Assembly’’ means the General Assembly of the 

16 United Nations. 

17 (3) MEMBER STATE.—The term ‘‘Member 

18 State’’ means a Member State of the United Na19 tions. Such term is synonymous with the term 

20 ‘‘country’’. 

21 (4) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of State. 

23 (5) SECRETARY GENERAL.—The term ‘‘Sec24 retary General’’ means the Secretary General of the 

25 United Nations. 
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1 (6) SECURITY COUNCIL.—The term ‘‘Security 

2 Council’’ means the Security Council of the United 

3 Nations. 

4 (7) SPECIALIZED AGENCIES AND SPECIALIZED

5 AGENCIES OF THE UNITED NATIONS.—The terms 

6 ‘‘specialized agencies’’ and ‘‘specialized agencies of 

7 the United Nations’’ mean— 

8 (A) the Food and Agriculture Organization 

9 (FAO); 

10 (B) the International Atomic Energy 

11 Agency (IAEA); 

12 (C) the International Civil Aviation Orga13 nization (ICAO); 

14 (D) the International Fund for Agricul15 tural Development (IFAD); 

16 (E) the International Labor Organization 

17 (ILO); 

18 (F) the International Maritime Organiza19 tion (IMO); 

20 (G) the International Telecommunication 

21 Union (ITU); 

22 (H) the United Nations Educational, Sci23 entific, and Cultural Organization (UNESCO); 

24 (I) the United Nations Industrial Develop25 ment Organization (UNIDO); 
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1 (J) the Universal Postal Union (UPU); 

2 (K) the World Health Organization 

3 (WHO) and its regional agencies; 

4 (L) the World Meteorological Organization 

5 (WMO); and 

6 (M) the World Intellectual Property Orga7 nization (WIPO). 

8 SEC. 1203. STATEMENT OF CONGRESS. 

9 Congress declares that, in light of recent history, it 

10 is incumbent upon the United Nations to enact significant 

11 reform measures if it is to restore the public trust and 

12 confidence necessary for it to achieve the laudable goals 

13 set forth in its Charter. To this end, the following Act 

14 seeks to reform the United Nations. 

15 Subtitle A—Mission and Budget of 

16 the United Nations 

17 SEC. 1211. UNITED STATES FINANCIAL CONTRIBUTIONS TO 

18 THE UNITED NATIONS. 

19 (a) STATEMENTS OF POLICY.— 

20 (1) IN GENERAL.—It shall be the policy of the 

21 United States to use its voice, vote, and influence at 

22 the United Nations to— 

23 (A) pursue a streamlined, efficient, and ac24 countable regular assessed budget of the United 

25 Nations; and 
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1 (B) shift funding mechanisms of certain 

2 organizational programs of the United Nations 

3 specified under paragraph (4) from the regular 

4 assessed budget to voluntarily funded programs. 

5 (2) UNITED STATES CONTRIBUTIONS.—It shall 

6 be the policy of the United States to— 

7 (A) redirect United States contributions to 

8 the United Nations to achieve the policy objec9 tives described in paragraph (1)(B); and 

10 (B) redirect a portion of funds from the 

11 following organizational programs to pursue the 

12 policy objectives described in paragraph (1)(A): 

13 (i) Public Information. 

14 (ii) General Assembly affairs and con15 ference services. 

16 (3) FUTURE BIENNIUM BUDGETS.—It shall be 

17 the policy of the United States to use its voice, vote, 

18 and influence at the United Nations to ensure that 

19 future biennial budgets of the United Nations, as 

20 agreed to by the General Assembly, reflect the shift 

21 in funding mechanisms described in paragraph 

22 (1)(B) and the redirection of funds described in 

23 paragraph (2). 
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1 (4) CERTAIN ORGANIZATIONAL PROGRAMS.— 

2 The organizational programs referred to in para3 graph (1)(B) are the following: 

4 (A) Economic and social affairs. 

5 (B) Least-developed countries, landlocked 

6 developing countries and small island devel7 oping States. 

8 (C) United Nations support for the New 

9 Partnership for Africa’s Development. 

10 (D) Trade and development. 

11 (E) International Trade Center UNCTAD/ 

12 WTO. 

13 (F) Environment. 

14 (G) Human settlements. 

15 (H) Crime prevention and criminal justice. 

16 (I) International drug control. 

17 (J) Economic and social development in 

18 Africa. 

19 (K) Economic and social development in 

20 Asia and the Pacific. 

21 (L) Economic development in Europe. 

22 (M) Economic and social development in 

23 Latin America and the Caribbean. 

24 (N) Economic and social development in 

25 Western Asia. 
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1 (O) Regular program of technical coopera2 tion. 

3 (P) Development account. 

4 (Q) Protection of and assistance to refu5 gees. 

6 (R) Palestine refugees. 

7 (b) AUTHORIZATION WITH RESPECT TO THE REG8 ULAR ASSESSED BUDGET OF THE UNITED NATIONS.— 

9 Subject to the amendment made by subsection (c), the 

10 Secretary of State is authorized to make contributions to11 ward the amount assessed to the United States by the 

12 United Nations for the purpose of funding the regular as13 sessed budget of the United Nations. 

14 (c) UNITED STATES FINANCIAL CONTRIBUTIONS TO

15 THE UNITED NATIONS.—Section 11 of the United Na16 tions Participation Act of 1945 (22 U.S.C. 287e–3) is 

17 amended to read as follows: 

18 ‘‘SEC. 11. UNITED STATES FINANCIAL CONTRIBUTIONS TO 

19 THE UNITED NATIONS. 

20 ‘‘(a) POLICY OF THE UNITED STATES RELATING TO

21 THE REGULAR ASSESSED BUDGET OF THE UNITED NA22 TIONS.— 

23 ‘‘(1) IN GENERAL.—The President shall direct 

24 the United States Permanent Representative to the 
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1 United Nations to use the voice, vote, and influence 

2 of the United States at the United Nations to— 

3 ‘‘(A) pursue a streamlined, efficient, and 

4 accountable regular assessed budget of the 

5 United Nations; and 

6 ‘‘(B) shift funding mechanisms of certain 

7 organizational programs of the United Nations 

8 specified under paragraph (2) of subsection (c) 

9 from the regular assessed budget to voluntarily 

10 funded programs. 

11 ‘‘(2) UNITED STATES CONTRIBUTIONS.—It 

12 shall be the policy of the United States to— 

13 ‘‘(A) redirect United States contributions 

14 to the United Nations to achieve the policy ob15 jectives described in paragraph (1)(B); and 

16 ‘‘(B) redirect a portion of funds from the 

17 following organizational programs to pursue the 

18 policy objectives described in paragraph (1)(A): 

19 ‘‘(i) Public Information. 

20 ‘‘(ii) General Assembly affairs and 

21 conferences services. 

22 ‘‘(3) FUTURE BIENNIUM BUDGETS.—The Presi23 dent shall direct the United States Permanent Rep24 resentative to the United Nations to use the voice, 

25 vote, and influence of the United States at the 
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1 United Nations to ensure that the shifting of fund2 ing mechanisms under paragraph (1)(B) and re3 directing of contributions under paragraph (2) be re4 flected in future resolutions agreed to by the General 

5 Assembly for the regular assessed budget of the 

6 United Nations for the period of a current biennium. 

7 To achieve the policies described in paragraphs (1) 

8 and (2), the United States Permanent Representa9 tive to the United Nations shall withhold the support 

10 of the United States for a consensus for such budget 

11 until such time as such budget is reflective of such 

12 policies. 

13 ‘‘(b) 22 PERCENT LIMITATION.—In accordance with 

14 section 1171 of the Henry J. Hyde United Nations Re15 form Act of 2005, the Secretary may not make a contribu16 tion to a regularly assessed biennial budget of the United 

17 Nations in an amount greater than 22 percent of the 

18 amount calculable under subsection (c). 

19 ‘‘(c) ANNUAL DUES.— 

20 ‘‘(1) IN GENERAL.—For annual dues paid by 

21 the United States to the United Nations each fiscal 

22 year, the percentage specified in subsection (b) shall 

23 be multiplied by one-half of the amount of the regu24 larly assessed budget of the United Nations for a 
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1 current biennial period, as agreed to by resolution of 

2 the General Assembly. 

3 ‘‘(2) CALCULATION WITH RESPECT TO CERTAIN

4 ORGANIZATIONAL PROGRAMS FOR REDIRECTION.— 

5 The percentage specified in subsection (b) shall be 

6 multiplied by one-half of the sum of amounts budg7 eted by resolution of the General Assembly for a 

8 current biennial period for the following certain or9 ganizational programs: 

10 ‘‘(A) Economic and social affairs. 

11 ‘‘(B) Least-developed countries, landlocked 

12 developing countries and small island devel13 oping States. 

14 ‘‘(C) United Nations support for the New 

15 Partnership for Africa’s Development. 

16 ‘‘(D) Trade and development. 

17 ‘‘(E) International Trade Center 

18 UNCTAD/WTO. 

19 ‘‘(F) Environment. 

20 ‘‘(G) Human settlements. 

21 ‘‘(H) Crime prevention and criminal jus22 tice. 

23 ‘‘(I) International drug control. 

24 ‘‘(J) Economic and social development in 

25 Africa. 
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1 ‘‘(K) Economic and social development in 

2 Asia and the Pacific. 

3 ‘‘(L) Economic development in Europe. 

4 ‘‘(M) Economic and social development in 

5 Latin America and the Caribbean. 

6 ‘‘(N) Economic and social development in 

7 Western Asia. 

8 ‘‘(O) Regular program of technical co9 operation. 

10 ‘‘(P) Development account. 

11 ‘‘(Q) Protection of and assistance to refu12 gees. 

13 ‘‘(R) Palestine refugees. 

14 ‘‘(3) REDIRECTION OF FUNDS.—Of amounts 

15 appropriated for contributions towards payment of 

16 regular assessed dues to the United Nations for 

17 2008 and each subsequent year, if the funding 

18 mechanisms of one or more of the organizational 

19 programs of the United Nations specified in para20 graph (2) have not been shifted from the regular as21 sessed budget to voluntarily funded programs in ac22 cordance with subsection (a)(1), the Secretary shall 

23 ensure that such amounts in each such fiscal year 

24 that are specified for each such organizational pro25 gram pursuant to the resolution agreed to by the 
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1 General Assembly for the regular assessed budget of 

2 the United Nations for the period of a current bien3 nium are redirected from payment of the assessed 

4 amount for the regular assessed budget as follows: 

5 ‘‘(A) Subject to not less than 30 days prior 

6 notification to Congress, the Secretary shall ex7 pend an amount, not to exceed 40 percent of 

8 the amount specified for each such organiza9 tional program pursuant to the resolution 

10 agreed to by the General Assembly for the reg11 ular assessed budget of the United Nations for 

12 the period of a current biennium, as a contribu13 tion to an eligible organizational program speci14 fied in paragraph (4). 

15 ‘‘(B) Subject to not less than 30 days prior 

16 notification to Congress, the Secretary shall ex17 pend the remaining amounts under this para18 graph to voluntarily funded United Nations spe19 cialized agencies, funds, or programs. 

20 ‘‘(4) ELIGIBLE ORGANIZATIONAL PROGRAMS.— 

21 The eligible organizational programs referred to in 

22 paragraph (3)(A) for redirection of funds under such 

23 paragraph are the following: 

24 ‘‘(A) Internal oversight. 

25 ‘‘(B) Human rights. 
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1 ‘‘(C) Humanitarian assistance. 

2 ‘‘(D) An organizational program specified 

3 in subparagraphs (A) through (P) of paragraph 

4 (2), subject to paragraph (5). 

5 ‘‘(5) EXPENDITURE OF REMAINING AMOUNTS

6 TO CERTAIN ORGANIZATION PROGRAMS.— 

7 ‘‘(A) VOLUNTARY CONTRIBUTION.—Sub8 ject to not less than 30 days prior notification 

9 to Congress and the limitation specified under 

10 subparagraph (B), the Secretary is authorized 

11 to make a voluntary contribution to an organi12 zational program of the United Nations speci13 fied in subparagraphs (A) through (P) of para14 graph (2) of any amounts not contributed in a 

15 fiscal year to an eligible organizational program 

16 specified in subparagraphs (A) through (C) of 

17 paragraph (4). 

18 ‘‘(B) 10 PERCENT LIMITATION.—A vol19 untary contribution under subparagraph (A) to 

20 an organizational program of the United Na21 tions specified in subparagraphs (A) through 

22 (P) of paragraph (2) may not exceed 10 percent 

23 of the total contribution made under paragraph 

24 (3)(A). 
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1 ‘‘(d) FURTHER CALCULATION WITH RESPECT TO

2 BUDGETS FOR PUBLIC INFORMATION AND GENERAL AS3 SEMBLY AFFAIRS AND CONFERENCE SERVICES.— 

4 ‘‘(1) 22 PERCENT LIMITATION.—The Secretary 

5 may not make a contribution to a regularly assessed 

6 biennial budget of the United Nations in an amount 

7 greater than 22 percent of the amount calculable 

8 under paragraph (2). 

9 ‘‘(2) ANNUAL DUES EACH FISCAL YEAR.— 

10 ‘‘(A) IN GENERAL.—For annual dues paid 

11 by the United States to the United Nations 

12 each fiscal year, the percentage specified in 

13 paragraph (1) shall be multiplied by one-half of 

14 the amount of the regularly assessed budget of 

15 the United Nations for a current biennial pe16 riod, as agreed to by resolution of the General 

17 Assembly. 

18 ‘‘(B) CALCULATION WITH RESPECT TO

19 PUBLIC INFORMATION AND GENERAL ASSEMBLY

20 AFFAIRS AND CONFERENCE SERVICES.—With 

21 respect to such United States annual dues, the 

22 percentage specified in paragraph (1) shall be 

23 multiplied by one-half of the sum of amounts 

24 budgeted by resolution of the General Assembly 
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1 for the 2004–2005 biennial period for the fol2 lowing organizational programs: 

3 ‘‘(i) Public Information. 

4 ‘‘(ii) General Assembly affairs and 

5 conferences services. 

6 ‘‘(C) REDIRECTION OF FUNDS.— 

7 ‘‘(i) IN GENERAL.—The President 

8 shall direct the United States Permanent 

9 Representative to the United Nations to 

10 make every effort, including the with11 holding of United States support for a con12 sensus budget of the United Nations, to 

13 reduce the budgets of the organizational 

14 programs specified in subparagraph (B) 

15 for 2007 by 10 percent against the budgets 

16 of such organizational programs for the 

17 2004–2005 biennial period. If the budgets 

18 of such organizational programs are not so 

19 reduced, 20 percent the amount deter20 mined under subparagraph (B) for con21 tributions towards payment of regular as22 sessed dues for 2007 shall be redirected 

23 from payment for the amount assessed for 

24 United States annual contributions to the 
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1 regular assessed budget of the United Na2 tions. 

3 ‘‘(ii) SPECIFIC AMOUNTS.—The Sec4 retary shall make the amount determined 

5 under clause (i) available as a contribution 

6 to an eligible organizational program speci7 fied in subparagraphs (A) through (C) of 

8 paragraph (4) of subsection (c). 

9 ‘‘(3) POLICY WITH RESPECT TO 2008–2009 BIEN10 NIAL PERIOD AND SUBSEQUENT BIENNIAL PERI11 ODS.— 

12 ‘‘(A) IN GENERAL.—The President shall 

13 direct the United States Permanent Represent14 ative to the United Nations to make every ef15 fort, including the withholding of United States 

16 support for a consensus budget of the United 

17 Nations, to reduce the budgets of the organiza18 tional programs specified in subparagraph (B) 

19 of paragraph (2) for the 2008–2009 biennial 

20 period and each subsequent biennial period by 

21 20 percent against the budgets of such organi22 zational programs for the 2004–2005 biennial 

23 period. 

24 ‘‘(B) CERTIFICATION.—In accordance with 

25 section 1171 of the Henry J. Hyde United Na-
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1 tions Reform Act of 2005, a certification shall 

2 be required that certifies that the reduction in 

3 budgets described in subparagraph (A) has 

4 been implemented.’’. 

5 (d) EFFECTIVE DATE.—The amendment made by 

6 subsection (c) shall take effect and apply beginning on Oc7 tober 1, 2006. 

8 (e) LIMITATION ON UNITED STATES CONTRIBUTIONS

9 TO UNRWA.—The Secretary of State may not make a 

10 contribution to the United Nations Relief and Works 

11 Agency for Palestine Refugees in the Near East 

12 (UNRWA) in an amount greater than the highest con13 tribution to UNRWA made by an Arab country, but may 

14 not exceed 22 percent of the total budget of UNRWA. For 

15 purposes of this subsection, an Arab country includes the 

16 following: Algeria, Bahrain, Comoros, Dijibouti, Egypt, 

17 Iran, Jordan, Kuwait, Lebanon, Libya, Mauritania, Mo18 rocco, Oman, Qatar, Saudi Arabia, Somalia, Sudan, Syria, 

19 Tunisia, the United Arab Emirates, Iraq, and Yemen. 

20 (f) POLICY RELATING TO ZERO NOMINAL

21 GROWTH.—It shall be the policy of the United States to 

22 use the voice, vote, and influence of the United States at 

23 the United Nations to make every effort to enforce zero 

24 nominal growth in all assessed dues to the regular budget 
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1 of the United Nations, its specialized agencies, and its 

2 funds and programs. 

3 (g) 5.6 Rule.—It shall be the policy of the United 

4 States to use the voice, vote, and influence of the United 

5 States at the United Nations to actively enforce the 5.6 

6 rule at the United Nations, requiring the Secretariat to 

7 identify low-priority activities in the budget proposal. The 

8 United Nations should strengthen the 5.6 rule by requir9 ing that managers identify the lowest priority activities 

10 equivalent to 15 percent of their budget request or face 

11 an across the board reduction of such amount. 

12 (h) ANNUAL PUBLICATION.—It shall be the policy of 

13 the United States to use the voice, vote, and influence of 

14 the United States at the United Nations to ensure the 

15 United Nations is annually publishing a list of all sub16 sidiary bodies and their functions, budgets, and staff. 

17 (i) SCALE OF ASSESSMENTS.— 

18 (1) IN GENERAL.—The President shall direct 

19 the United States Permanent Representative to the 

20 United Nations to use the voice, vote, and influence 

21 of the United States at the United Nations to make 

22 every effort to ensure that the difference between 

23 the scale of assessments for the five permanent 

24 members of the Security Council is not greater than 
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1 five times that of any other permanent member of 

2 the Security Council. 

3 (2) DENIAL OF USE OF VETO.—If the Secretary 

4 of State determines that a permanent member of the 

5 Security Council with veto power is not in compli6 ance with the requirement described in paragraph 

7 (1), the President shall direct the United States Per8 manent Representative to the United Nations to use 

9 the voice, vote, and influence of the United States at 

10 the United Nations to make every effort to deny to 

11 such permanent member the use of the veto power 

12 of such permanent member until such time as such 

13 permanent member satisfies the requirement of such 

14 paragraph. 

15 SEC. 1212. WEIGHTED VOTING. 

16 It shall be the policy of the United States to actively 

17 pursue weighted voting with respect to all budgetary and 

18 financial matters in the Administrative and Budgetary 

19 Committee and in the General Assembly in accordance 

20 with the level of the financial contribution of a Member 

21 State to the regular assessed budget of the United Na22 tions. 

23 SEC. 1213. BUDGET CERTIFICATION REQUIREMENTS. 

24 (a) CERTIFICATION.—In accordance with section 

25 1171, a certification shall be required that certifies that 
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1 the conditions described in subsection (b) have been satis2 fied. 

3 (b) CONDITIONS.—The conditions under this sub4 section are the following: 

5 (1) NEW BUDGET PRACTICES FOR THE UNITED

6 NATIONS.—The United Nations is implementing 

7 budget practices that— 

8 (A) require the maintenance of a budget 

9 not in excess of the level agreed to by the Gen10 eral Assembly at the beginning of each United 

11 Nations budgetary biennium, unless increases 

12 are agreed to by consensus and do not exceed 

13 ten percent; and 

14 (B) require the identification of expendi15 tures by the United Nations by functional cat16 egories such as personnel, travel, and equip17 ment. 

18 (2) PROGRAM EVALUATION.— 

19 (A) EXISTING AUTHORITY.—The Secretary 

20 General and the Director General of each spe21 cialized agency have used their existing authori22 ties to require program managers within the 

23 United Nations Secretariat and the Secretariats 

24 of the specialized agencies to conduct evalua-
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1 tions in accordance with the standardized meth2 odology referred to in subparagraph (B) of— 

3 (i) United Nations programs approved 

4 by the General Assembly; and 

5 (ii) programs of the specialized agen6 cies. 

7 (B) DEVELOPMENT OF EVALUATION CRI8 TERIA.— 

9 (i) UNITED NATIONS.—The Office of 

10 Internal Oversight Services has developed 

11 a standardized methodology for the evalua12 tion of United Nations programs approved 

13 by the General Assembly, including specific 

14 criteria for determining the continuing rel15 evance and effectiveness of the programs. 

16 (ii) SPECIALIZED AGENCIES.—Pat17 terned on the work of the Office of Inter18 nal Oversight Services of the United Na19 tions, each specialized agency has devel20 oped a standardized methodology for the 

21 evaluation of the programs of the agency, 

22 including specific criteria for determining 

23 the continuing relevance and effectiveness 

24 of the programs. 
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1 (C) REPORT.—The Secretary General is 

2 assessing budget requests and, on the basis of 

3 evaluations conducted under subparagraph (B) 

4 for the relevant preceding year, submits to the 

5 General Assembly a report containing the re6 sults of such evaluations, identifying programs 

7 that have satisfied the criteria for continuing 

8 relevance and effectiveness, and an identifica9 tion of programs that have not satisfied such 

10 criteria and should be terminated. 

11 (D) SUNSET OF PROGRAMS.—Consistent 

12 with the July 16, 1997, recommendations of the 

13 Secretary General regarding a sunset policy and 

14 results-based budgeting for United Nations pro15 grams, the United Nations and each specialized 

16 agency has established and is implementing 

17 procedures to require all new programs ap18 proved by the General Assembly to have a spe19 cific sunset date. 

20 SEC. 1214. ACCOUNTABILITY. 

21 (a) CERTIFICATION OF CREATION OF INDEPENDENT

22 OVERSIGHT BOARD.—In accordance with section 1171, a 

23 certification shall be required that certifies that the fol24 lowing reforms related to the establishment of an Inde-
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1 pendent Oversight Board (IOB) have been adopted by the 

2 United Nations: 

3 (1) An IOB is established from existing United 

4 Nations budgetary and personnel resources. Except 

5 as provided in this subsection, the IOB shall be an 

6 independent entity within the United Nations and 

7 shall not be subject to budget authority or organiza8 tional authority of any entity within the United Na9 tions. 

10 (2) The head of the IOB shall be a Director, 

11 who shall be nominated by the Secretary General 

12 and who shall be subject to Security Council ap13 proval by a majority vote. The IOB shall also consist 

14 of four other board members who shall be nominated 

15 by the Secretary General and subject to Security 

16 Council approval by a majority vote. The IOB shall 

17 be responsible to the Security Council and the Direc18 tor and board members shall each serve terms of six 

19 years, except that the terms of the initial board shall 

20 be staggered so that no more than two board mem21 bers’ terms will expire in any one year. No board 

22 member may serve more than two terms. An IOB 

23 board member may be removed for cause by a ma24 jority vote of the Security Council. The Director 
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1 shall appoint a professional staff headed by a Chief 

2 of Staff and may employ contract staff as needed. 

3 (3) The IOB shall receive operational and budg4 etary funding through appropriations by the General 

5 Assembly from existing levels of United Nations 

6 budgetary and personnel resources, and shall not be 

7 dependent upon any other entity, bureau, division, 

8 department, or specialized agency of the United Na9 tions for such funding. 

10 (4) While the IOB shall have the authority to 

11 evaluate all operations of the United Nations, the 

12 primary mission of the IOB is to oversee the Office 

13 of Internal Oversight Services and the Board of Ex14 ternal Auditors. The IOB may direct the Office of 

15 Internal Oversight Services or the Board of External 

16 Auditors to initiate, abandon, or modify the scope of 

17 an investigation. Every three months or more fre18 quently when appropriate, the IOB shall submit, as 

19 appropriate, to the Secretary General, the Security 

20 Council, the General Assembly, or the Economic and 

21 Social Council a report on its activities, relevant ob22 servations, and recommendations relating to its 

23 audit operations, including information relating to 

24 the inventory and status of investigations by the Of25 fice of Internal Oversight Services. 
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1 (5) In extraordinary circumstances and with the 

2 concurrence of the Secretary General or the Security 

3 Council by majority vote, the IOB may augment the 

4 Office of Internal Oversight Services with a special 

5 investigator and staff consisting of individuals who 

6 are not employees of the United Nations, to inves7 tigate matters involving senior officials of the United 

8 Nations or of its specialized agencies when allega9 tions of serious misconduct have been made and 

10 such a special investigation is necessary to maintain 

11 public confidence in the integrity of the investiga12 tion. A special investigator and staff shall comply 

13 with all United Nations financial disclosure and con14 flict of interest rules, including the filing of an indi15 vidual Annual Financial Disclosure Form in accord16 ance with subsection (c). 

17 (6) The IOB shall recommend annual budgets 

18 for the Office of Internal Oversight Services and the 

19 Board of External Auditors. 

20 (7)(A) The IOB shall review the Final Report 

21 of the Independent Inquiry Committee (IIC) into the 

22 United Nations Oil for Food Program (OFF). The 

23 IOB’s review should focus on the adequacy of the 

24 IIC’s Final Report or any subsequent reports of the 

25 IIC or of any possible successor to the IIC. The 
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1 IOB’s review of the IIC’s Final Report should ad2 dress the Final Report’s treatment of and adequacy 

3 in the following areas— 

4 (i) OFF’s operations from inception 

5 through the transfer of power from the Coali6 tion Provisional Authority to the interim Iraqi 

7 government; 

8 (ii) claims of oil smuggling, illegal sur9 charges on oil and commissions on commodity 

10 contracts, illegal kick-backs, use of oil alloca11 tions to influence foreign government officials 

12 and international people of influence, and use of 

13 funds for military purposes; 

14 (iii) the involvement, directly or indirectly, 

15 of any entity, bureau, division, department, spe16 cialized agency, or employee (including the Sec17 retary General) of the United Nations, includ18 ing any employee of the specialized agencies of 

19 the United Nations or any employee or officer 

20 of the Secretariat; 

21 (iv) the IIC’s findings, discovery and use of 

22 evidence, and investigation practices; and 

23 (v) the extent of cooperation by the United 

24 Nations with requests by Congress for testi25 mony, interviews, documents, correspondence, 
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1 reports, memoranda, books, papers, accounts, 

2 or records related to the Oil for Food Program. 

3 (B) Subsequent to the IOB’s review, the IOB 

4 shall determine in a written report whether the IIC 

5 investigation is incomplete or inadequate in any re6 spects and whether any additional investigation is 

7 justified. If the IOB determines that additional in8 vestigation is warranted, it shall appoint, in accord9 ance with paragraph (5), a special investigator and 

10 staff consisting of individuals who are not employees 

11 of the United Nations and to identify specific areas 

12 within the OFF to investigate. 

13 (b) CERTIFICATION OF UNITED NATIONS REFORMS

14 OF THE OFFICE OF INTERNAL OVERSIGHT SERVICES.— 

15 In accordance with section 1171, a certification shall be 

16 required that certifies that the following reforms related 

17 to the Office of Internal Oversight Services (OIOS) have 

18 been adopted by the United Nations: 

19 (1) The OIOS is designated as an independent 

20 entity within the United Nations. The OIOS shall 

21 not be subject to budget authority or organizational 

22 authority of any entity within the United Nations 

23 except as provided in this section. 

24 (2) The regular assessed budget of the United 

25 Nations shall fully fund the Internal Oversight 
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1 Budget from existing levels of United Nations budg2 etary and personnel resources and shall not be de3 pendent upon any other entity, bureau, division, de4 partment, or specialized agency of the United Na5 tions for such funding. 

6 (3) All United Nations officials, including offi7 cials from any entity, bureau, division, department, 

8 or specialized agency of the United Nations, may— 

9 (A) make a recommendation to the OIOS 

10 to initiate an investigation of any aspect of the 

11 United Nations; or 

12 (B) report to the OIOS information or al13 legations of misconduct or inefficiencies within 

14 the United Nations. 

15 (4) The OIOS may, sua sponte, initiate and 

16 conduct an investigation or audit of any entity, bu17 reau, division, department, specialized agency, em18 ployee (including the Secretary General) of the 

19 United Nations, including any employee of the spe20 cialized agencies of the United Nations, or con21 tractor or consultant for the United Nations or its 

22 specialized agencies. 

23 (5) At least every three months and more fre24 quently when appropriate, the OIOS shall submit to 
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1 the IOB a report containing an inventory and status 

2 of its investigations. 

3 (6) The OIOS shall establish procedures for 

4 providing ‘‘whistle-blower’’ status and employment 

5 protections for all employees of the United Nations, 

6 including employees of the specialized agencies of 

7 the United Nations, who provide informational leads 

8 and testimony related to allegations of wrongdoing. 

9 Such procedures shall be adopted throughout the 

10 United Nations. Such status and protection may not 

11 be conferred on the Secretary General. 

12 (7) The OIOS shall annually publish a public 

13 report determining the proper number, distribution, 

14 and expertise of auditors within the OIOS necessary 

15 to carry out present and future duties of the OIOS, 

16 including assessing the staffing requirements needed 

17 to audit United Nations contracting activities 

18 throughout the contract cycle from the bid process 

19 to contract performance. 

20 (8) Not later than six months after the date of 

21 the enactment of this Act, the Director shall estab22 lish a position of Associate Director of OIOS for 

23 Specialized Agencies and Funds and Programs who 

24 shall be responsible for supervising the OIOS liaison 

25 or oversight duties for each of the specialized agen-
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1 cies and funds and programs of the United Nations. 

2 With the concurrence of the Director, the Associate 

3 Director of OIOS for Specialized Agencies and 

4 Funds and Programs may, from existing levels of 

5 United Nations budgetary and personnel resources, 

6 hire and appoint necessary OIOS staff, including 

7 staff serving within and located at specialized agen8 cies and funds and programs permanently or as 

9 needed to liaison with existing audit functions within 

10 each specialized agency and fund and program. 

11 (9) Not later than six months after the date of 

12 the enactment of this Act, the Director shall estab13 lish a position of Associate Director of OIOS for 

14 Peacekeeping Operations, who shall be responsible 

15 for the oversight and auditing of the field offices at16 tached to United Nations peacekeeping operations. 

17 The Associate Director of OIOS for Peacekeeping 

18 Operations shall receive informational leads and tes19 timony from any person regarding allegations of 

20 wrongdoing by United Nations officials or peace21 keeping troops or regarding inefficiencies associated 

22 with United Nations peacekeeping operations. The 

23 Associate Director of OIOS for Peacekeeping Oper24 ations shall be responsible for initiating, conducting, 
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1 and overseeing investigations within peacekeeping 

2 operations. 

3 (10) Not later than six months after the date 

4 of the enactment of this Act, the Director shall es5 tablish a position of Associate Director of OIOS for 

6 Procurement and Contract Integrity, who shall be 

7 responsible for auditing and inspecting procurement 

8 and contracting win the United Nations, including 

9 within the specialized agencies. The Associate Direc10 tor of OIOS for Procurement and Contract Integrity 

11 shall receive informational leads and testimony from 

12 any person regarding allegations of wrongdoing by 

13 United Nations officials or regarding inefficiencies 

14 associated with United Nations procurement or con15 tracting activities. The Associate Director of OIOS 

16 for Procurement and Contract Integrity shall be re17 sponsible for initiating, conducting, and overseeing 

18 investigations of procurement and contract activities. 

19 Not later than 12 months after the establishment of 

20 the position of Associate Director of OIOS for Pro21 curement and Contract Integrity, the Director, with 

22 the assistance of the Associate Director of OIOS for 

23 Procurement and Contract Integrity, shall undertake 

24 a review of contract procedures to ensure that prac25 tices and policies are in place to ensure that— 
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1 (A) the United Nations has ceased issuing 

2 single bid contracts except for such contracts 

3 issued during an emergency situation that is 

4 justified by the Under Secretary General for 

5 Management; 

6 (B) the United Nations has established ef7 fective controls to prevent conflicts of interest 

8 in the award of contracts; and 

9 (C) the United Nations has established ef10 fective procedures and policies to ensure effec11 tive and comprehensive oversight and moni12 toring of United Nations contract performance. 

13 (c) CERTIFICATION OF ESTABLISHMENT OF UNITED

14 NATIONS OFFICE OF ETHICS.—In accordance with sec15 tion 1171, a certification shall be required that certifies 

16 that the following reforms related to the establishment of 

17 a United Nations Office of Ethics have been adopted by 

18 the United Nations: 

19 (1) A United Nations Office of Ethics (UNOE) 

20 is established. The UNOE shall be an independent 

21 entity within the United Nations and shall not be 

22 subject to budget authority or organizational author23 ity of any entity within the United Nations. The 

24 UNEO shall be responsible for establishing, man25 aging, and enforcing a code of ethics for all employ-
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1 ees of United Nations and its specialized agencies. 

2 The UNEO shall also be responsible for providing 

3 such employees with annual training related to such 

4 code. The head of the UNEO shall be a Director 

5 who shall be nominated by the Secretary General 

6 and who shall be subject to Security Council ap7 proval by majority vote. The UNOE shall promul8 gate ethics rules, including the following: 

9 (A) No employee of any United Nations 

10 entity, bureau, division, department, or special11 ized agency may be compensated while partici12 pating in the domestic politics of the country of 

13 such employee, except for voting or acting as 

14 part of a Security Council, General Assembly, 

15 or legitimately authorized United Nations mis16 sion or assignment. 

17 (B) No United Nations entity, bureau, di18 vision, department, or specialized agency may 

19 hire an individual convicted in a generally rec20 ognized court of a democratically-elected gov21 ernment with an independent judiciary and an 

22 extradition treaty with the United States and 

23 the European Union for any crime or crimes in24 volving financial misfeasance, malfeasance, 

25 fraud, or perjury. 
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1 (C) The employment of an employee of any 

2 United Nations entity, bureau, division, depart3 ment, or specialized agency who is convicted in 

4 a generally recognized court of a democrat5 ically-elected government with an independent 

6 judiciary and an extradition treaty with the 

7 United States and the European Union of any 

8 crime or crimes involving financial misfeasance, 

9 malfeasance, fraud, or perjury shall be subject 

10 to termination. 

11 (D) If an employee of any United Nations 

12 entity, bureau, division, department, or special13 ized agency has contact regarding the disposi14 tion of ongoing internal United Nations oper15 ations or decisions with an individual who is not 

16 an employee or official of the government of a 

17 Member State (or a similarly situated indi18 vidual), with an individual who is not officially 

19 employed by any United Nations entity, bureau, 

20 division, department, or specialized agency, or 

21 with an individual who is not a working mem22 ber of the media, a memorandum of such con23 tact shall be prepared by such employee and, 

24 upon request, be made available to Member 

25 States. 
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1 (2) The UNEO shall receive operational and 

2 budgetary funding through appropriations by the 

3 General Assembly from existing levels of United Na4 tions budgetary and personnel resources and shall 

5 not be dependent upon any other entity, bureau, di6 vision, department, or specialized agency of the 

7 United Nations for such funding. 

8 (3) The Director of the UNEO shall, not later 

9 than six months after the date of its establishment, 

10 publish a report containing proposals for imple11 menting a system for the filing and review of indi12 vidual Annual Financial Disclosure Forms by each 

13 employee of the United Nations, including by each 

14 employee of its specialized agencies, at the P–5 level 

15 and above and by all contractors and consultants 

16 compensated at any salary level. Such system shall 

17 be in place and operational not later than six 

18 months after the date of the publication of the re19 port. Such completed forms shall be made available 

20 to the Office of Internal Oversight Services at the 

21 request of the Director of the Office of Internal 

22 Oversight Services. Such system shall seek to iden23 tify and prevent conflicts of interest by United Na24 tions employees and shall be comparable to the sys25 tem used for such purposes by the United States 
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1 Government. Such report shall also address broader 

2 reforms of the ethics program for the United Na3 tions, including— 

4 (A) the effect of the establishment of eth5 ics officers throughout all organizations within 

6 the United Nations; 

7 (B) the effect of retention by the UNEO of 

8 Annual Financial Disclosure Forms; 

9 (C) proposals for making completed An10 nual Financial Disclosure Forms available to 

11 the public on request through their Member 

12 State’s mission to the United Nations; 

13 (D) proposals for annual disclosure to the 

14 public of information related to the annual sala15 ries and payments, including pension payments 

16 and buyouts, of employees of the United Na17 tions, including employees of its specialized 

18 agencies, and of consultants; 

19 (E) proposals for annual disclosure to the 

20 public of information related to per diem rates 

21 for all bureaus, divisions, departments, or spe22 cialized agencies within the United Nations; 

23 (F) proposals for disclosure upon request 

24 by the Ambassador of a Member State of infor25 mation related to travel and per diem payments 
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1 made from United Nations funds to any person; 

2 and 

3 (G) proposals for annual disclosure to the 

4 public of information related to travel and per 

5 diem rates and payments made from United 

6 Nations funds to any person. 

7 (d) CERTIFICATION OF UNITED NATIONS ESTAB8 LISHMENT OF POSITION OF CHIEF OPERATING OFFI9 CER.—In accordance with section 1171, a certification 

10 shall be required that certifies that the following reforms 

11 related to the establishment of the position of a Chief Op12 erating Officer have been adopted by the United Nations: 

13 (1) There is established the position of Chief 

14 Operating Officer (COO). The COO shall report to 

15 the Secretary General. 

16 (2) The COO shall be responsible for formu17 lating general policies and programs for the United 

18 Nations in coordination with the Secretary General 

19 and in consultation with the Security Council and 

20 the General Assembly. The COO shall be responsible 

21 for the daily administration, operation and super22 vision, and the direction and control of the business 

23 of the United Nations. The Chief Operating Officer 

24 shall also perform such other duties and may exer-
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1 cise such other powers as from time to time may be 

2 assigned to the COO by the Secretary General. 

3 (e) CERTIFICATION OF ACCESS BY MEMBER STATES

4 TO REPORTS AND AUDITS BY BOARD OF EXTERNAL

5 AUDITORS.—In accordance with section 1171, a certifi6 cation shall be required that certifies that Member States 

7 may, upon request, have access to all reports and audits 

8 completed by the Board of External Auditors. 

9 (f) WAIVER OF IMMUNITY.—The President shall di10 rect the United States Permanent Representative to the 

11 United Nations to use the voice, vote, and influence of the 

12 United States at the United Nations to ensure that the 

13 Secretary General exercises the right and duty of the Sec14 retary General under section 20 of the Convention on the 

15 Privileges and Immunities of the United Nations to waive 

16 the immunity of any United Nations official in any case 

17 in which such immunity would impede the course of jus18 tice. In exercising such waiver, the Secretary General is 

19 urged to interpret the interests of the United Nations as 

20 favoring the investigation or prosecution of a United Na21 tions official who is credibly under investigation for having 

22 committed a serious criminal offense or who is credibly 

23 charged with a serious criminal offense. 

24 (g) CERTIFICATION OF UNITED NATIONS COOPERA25 TION RELATING TO OIL-FOR-FOOD PROGRAM.— 
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1 (1) ACTIONS.—In accordance with section 

2 1171, a certification shall be required that certifies 

3 that the following actions relating to the oil-for-food 

4 program have been taken by the United Nations: 

5 (A) The United Nations Secretary General 

6 has authorized the release to a law enforcement 

7 authority of any Member State (upon request 

8 by the permanent representative to the United 

9 Nations of such Member State on behalf of 

10 such law enforcement authority) or to a na11 tional legislative authority authentic copies of 

12 any document in the possession of the United 

13 Nations, including any document in the posses14 sion of a person who was engaged on a contract 

15 basis to provide goods or services to the United 

16 Nations, that in the judgment of such request17 ing law enforcement authority or national legis18 lative authority directly or indirectly concerns 

19 the oil-for-food program or a sanction imposed 

20 on Iraq related to the oil-for-food program. 

21 (B) The United Nations has waived any 

22 immunity enjoyed by any United Nations offi23 cial from the judicial process in the United 

24 States for any civil or criminal acts or omis25 sions under Federal or State law that may have 
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1 transpired within the jurisdiction of the United 

2 States in connection with the oil-for-food pro3 gram. 

4 (2) DEFINITION.—As used in this subsection, 

5 the term ‘‘oil-for-food program’’ means the program 

6 established and administered pursuant to United 

7 Nations Security Council Resolution 986 (April 14, 

8 1995) and subsequent United Nations resolutions to 

9 permit the sale of petroleum products exported from 

10 Iraq and to use the revenue generated from such 

11 sale for humanitarian assistance. 

12 SEC. 1215. TERRORISM AND THE UNITED NATIONS. 

13 The President shall direct the United States Perma14 nent Representative to the United Nations to use the 

15 voice, vote, and influence of the United States at the 

16 United Nations to work toward adoption by the General 

17 Assembly of— 

18 (1) a definition of terrorism that builds upon 

19 the recommendations of the Secretary General’s 

20 High-Level Panel on Threats, Challenges, and 

21 Change, and includes as an essential component of 

22 such definition any action that is intended to cause 

23 death or serious bodily harm to civilians with the 

24 purpose of intimidating a population or compelling a 
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1 government or an international organization to do, 

2 or abstain from doing, any act; and 

3 (2) a comprehensive convention on terrorism 

4 that includes the definition described in paragraph 

5 (1). 

6 SEC. 1216. UNITED NATIONS TREATY BODIES. 

7 The United States shall withhold from United States 

8 contributions to the regular assessed budget of the United 

9 Nations for a biennial period amounts that are propor10 tional to the percentage of such budget that are expended 

11 with respect to a United Nations human rights treaty 

12 monitoring body or committee that was established by— 

13 (1) a convention (without any protocols) or an 

14 international covenant (without any protocols) to 

15 which the United States is not party; or 

16 (2) a convention, with a subsequent protocol, if 

17 the United States is a party to neither. 

18 SEC. 1217. EQUALITY AT THE UNITED NATIONS. 

19 (a) INCLUSION OF ISRAEL IN WEOG.— 

20 (1) IN GENERAL.—The President shall direct 

21 the United States Permanent Representative to the 

22 United Nations to use the voice, vote, and influence 

23 of the United States to expand the Western Euro24 pean and Others Group (WEOG) in the United Na-
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1 tions to include Israel as a permanent member with 

2 full rights and privileges. 

3 (2) NOTIFICATION TO CONGRESS.—Not later 

4 than six months after the date of the enactment of 

5 this Act and every six months thereafter for the next 

6 six years, the Secretary of State shall notify the ap7 propriate congressional committees concerning the 

8 treatment of Israel in the United Nations and the 

9 expansion of WEOG to include Israel as a perma10 nent member. 

11 (b) DEPARTMENT OF STATE REVIEW AND RE12 PORT.— 

13 (1) IN GENERAL.—To avoid duplicative efforts 

14 and funding with respect to Palestinian interests 

15 and to ensure balance in the approach to Israeli– 

16 Palestinian issues, the Secretary shall, not later than 

17 60 days after the date of the enactment of this 

18 Act— 

19 (A) conduct an audit of the functions of 

20 the entities listed in paragraph (2); and 

21 (B) submit to the appropriate congres22 sional committees a report containing rec23 ommendations for the elimination of such dupli24 cative entities and efforts. 
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1 (2) ENTITIES.—The entities referred to in 

2 paragraph (1) are the following: 

3 (A) The United Nations Division for Pales4 tinian Rights. 

5 (B) The Committee on the Exercise of the 

6 Inalienable Rights of the Palestinian People. 

7 (C) The United Nations Special Coordi8 nator for the Middle East Peace Process and 

9 Personal Representative to the Palestine Lib10 eration Organization and the Palestinian Au11 thority. 

12 (D) The NGO Network on the Question of 

13 Palestine. 

14 (E) The Special Committee to Investigate 

15 Israeli Practices Affecting the Human Rights of 

16 the Palestinian People and Other Arabs of the 

17 Occupied Territories. 

18 (F) Any other entity the Secretary deter19 mines results in duplicative efforts or funding 

20 or fails to ensure balance in the approach to 

21 Israeli-Palestinian issues. 

22 (c) IMPLEMENTATION BY PERMANENT REPRESENTA23 TIVE.— 

24 (1) IN GENERAL.—The President shall direct 

25 the United States Permanent Representative to the 
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1 United Nations to use the voice, vote, and influence 

2 of the United States at the United Nations to seek 

3 the implementation of the recommendations con4 tained in the report required under subsection 

5 (b)(1). 

6 (2) WITHHOLDING OF FUNDS.—Until such rec7 ommendations have been implemented, the United 

8 States shall withhold from United States contribu9 tions to the regular assessed budget of the United 

10 Nations for a biennial period amounts that are pro11 portional to the percentage of such budget that are 

12 expended for such entities. 

13 (d) GAO AUDIT.—The Comptroller General of the 

14 United States of the Government Accountability Office 

15 shall conduct an audit of— 

16 (1) the status of the implementation of the rec17 ommendations contained in the report required 

18 under subsection (b)(1); and 

19 (2) United States actions and achievements 

20 under subsection (c). 

21 SEC. 1218. REPORT ON UNITED NATIONS REFORM. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 date of the enactment of this Act, and one year thereafter, 

24 the Secretary shall submit to the appropriate congres-
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1 sional committees a report on United Nations reform since 

2 1990. 

3 (b) CONTENTS.—The report required under para4 graph (1) shall describe— 

5 (1) the status of the implementation of manage6 ment reforms within the United Nations and its spe7 cialized agencies; 

8 (2) the number of outputs, reports, or other 

9 items generated by General Assembly resolutions 

10 that have been eliminated; 

11 (3) the progress of the General Assembly to 

12 modernize and streamline the committee structure 

13 and its specific recommendations on oversight and 

14 committee outputs, consistent with the March 2005 

15 report of the Secretary General entitled ‘‘In larger 

16 freedom: towards development, security and human 

17 rights for all’’; 

18 (4) the status of the review by the General As19 sembly of all mandates older than five years and 

20 how resources have been redirected to new chal21 lenges, consistent with such March 2005 report of 

22 the Secretary General; 

23 (5) the continued utility and relevance of the 

24 Economic and Financial Committee and the Social, 

25 Humanitarian, and Cultural Committee, in light of 
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1 the duplicative agendas of those committees and the 

2 Economic and Social Council; and 

3 (6) whether the United Nations or any of its 

4 specialized agencies has contracted with any party 

5 included on the Lists of Parties Excluded from Fed6 eral Procurement and Nonprocurement Programs. 

7 SEC. 1219. REPORT ON UNITED NATIONS PERSONNEL. 

8 (a) IN GENERAL.—Not later than one year after the 

9 date of the enactment of this Act, the Secretary of State 

10 shall submit to the appropriate congressional committees 

11 a report— 

12 (1) concerning the progress of the General As13 sembly to modernize human resource practices, con14 sistent with the March 2005 report of the Secretary 

15 General entitled ‘‘In larger freedom: towards devel16 opment, security and human rights for all’’; and 

17 (2) containing the information described in sub18 section (b). 

19 (b) CONTENTS.—The report shall include— 

20 (1) a comprehensive evaluation of human re21 sources reforms at the United Nations, including an 

22 evaluation of— 

23 (A) tenure; 

24 (B) performance reviews; 

25 (C) the promotion system; 
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1 (D) a merit-based hiring system and en2 hanced regulations concerning termination of 

3 employment of employees; and 

4 (E) the implementation of a code of con5 duct and ethics training; 

6 (2) the implementation of a system of proce7 dures for filing complaints and protective measures 

8 for work-place harassment, including sexual harass9 ment; 

10 (3) policy recommendations relating to the es11 tablishment of a rotation requirement for non12 administrative positions; 

13 (4) policy recommendations relating to the es14 tablishment of a prohibition preventing personnel 

15 and officials assigned to the mission of a Member 

16 State to the United Nations from transferring to a 

17 position within the United Nations Secretariat that 

18 is compensated at the P–5 level and above; 

19 (5) policy recommendations relating to a reduc20 tion in travel allowances and attendant oversight 

21 with respect to accommodations and airline flights; 

22 and 

23 (6) an evaluation of the recommendations of the 

24 Secretary General relating to greater flexibility for 
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1 the Secretary General in staffing decisions to accom2 modate changing priorities. 

3 SEC. 1220. REPORT ON UNITED STATES CONTRIBUTIONS TO 

4 THE UNITED NATIONS. 

5 Not later than one year after the date of the enact6 ment of this Act, the Director of the Office of Manage7 ment and Budget shall submit to the Committee on Inter8 national Relations of the House of Representatives, the 

9 Committee on Foreign Relations of the Senate, the Com10 mittee on Appropriations of the House of Representatives, 

11 and the Committee on Appropriations of the Senate a re12 port on United States contributions to the United Nations. 

13 Such report shall examine assessed, voluntary, in-kind, 

14 and all other United States contributions. 

15 SEC. 1221. UNITED NATIONS SECURITY COUNCIL AND LEB16 ANON. 

17 (a) RESOLUTION 1559.—The President shall direct 

18 the United States Permanent Representative to the 

19 United Nations to use the voice, vote, and influence of the 

20 United States at the United Nations to make every effort 

21 to ensure that the Security Council is undertaking the nec22 essary steps to secure the implementation of Security 

23 Council Resolution 1559, including— 

24 (1) deploying United Nations inspectors to 

25 verify and certify to the Security Council that— 
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1 (A) all foreign forces, including intel2 ligence, security, and policing forces, have been 

3 withdrawn from Lebanon; and 

4 (B) all militias in Lebanon have been per5 manently disarmed and dismantled and their 

6 weapons have been decommissioned; and 

7 (2) continuing the presence of United Nations 

8 elections monitoring teams in Lebanon to verify and 

9 certify to the Security Council that— 

10 (A) citizens of Lebanon are not being tar11 geted for assassination by foreign forces, in 

12 particular by foreign forces of Syria, or by their 

13 proxies, as a means of intimidation and coer14 cion in an effort to manipulate the political 

15 process in Lebanon; 

16 (B) elections in Lebanon are being con17 ducted in a fair and transparent manner and 

18 are free of foreign interference; and 

19 (C) that such foreign forces, or their prox20 ies, are not seeking to infringe upon the terri21 torial integrity or political sovereignty of Leb22 anon. 

23 (b) UNITED STATES ACTION.—If the steps described 

24 in paragraphs (1) and (2) of subsection (a) have not been 

25 verified and certified to the Security Council by July 31, 
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1 2005, or by the date that is not later than 30 days after 

2 the date of the enactment of this Act, whichever is sooner, 

3 the President shall direct the United States Permanent 

4 Representative to the United Nations to use the voice, 

5 vote, and influence of the United States at the United Na6 tions to secure the adoption of a resolution in the Security 

7 Council imposing punitive measures on the governments 

8 of countries whose forces remain in Lebanon in violation 

9 of Security Council Resolution 1559 and who directly, or 

10 through proxies, are infringing upon the territorial integ11 rity or political sovereignty of Lebanon. 

12 SEC. 1222. POLICY WITH RESPECT TO EXPANSION OF THE 

13 SECURITY COUNCIL. 

14 It shall be the policy of the United States to use the 

15 voice, vote, and influence of the United States at the 

16 United Nations to oppose any proposals on expansion of 

17 the Security Council if such expansion would— 

18 (1) diminish the influence of the United States 

19 on the Security Council; 

20 (2) include veto rights for any new members of 

21 the Security Council; or 

22 (3) undermine the effectiveness of the Security 

23 Council. 
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1 SEC. 1223. GENOCIDE AND THE UNITED NATIONS. 

2 (a) UNITED STATES ACTION.—The President shall 

3 direct the United States Permanent Representative to the 

4 United Nations to use the voice, vote, and influence of the 

5 United States at the United Nations to make every effort 

6 to ensure the formal adoption and implementation of 

7 mechanisms to— 

8 (1) suspend the membership of a Member State 

9 if it is determined that the government of such 

10 Member State is engaged in or complicit in, either 

11 by commission or omission, acts of genocide, ethnic 

12 cleansing, or crimes against humanity; 

13 (2) impose an arms and trade embargo and 

14 travel restrictions on, and freeze the assets of, all 

15 groups and individuals responsible for committing or 

16 allowing such acts of genocide, ethnic cleansing, or 

17 crimes against humanity to occur; 

18 (3) deploy a United Nations peacekeeping oper19 ation or authorize and support the deployment of a 

20 peacekeeping operation from an international or re21 gional organization to the Member State with a 

22 mandate to stop such acts of genocide, ethnic cleans23 ing, or crimes against humanity; 

24 (4) deploy monitors from the United Nations 

25 High Commissioner for Refugees to the area in the 

26 Member State where such acts of genocide, ethnic 
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1 cleansing, or crimes against humanity are occurring; 

2 and 

3 (5) authorize the establishment of an inter4 national commission of inquiry into such acts of 

5 genocide, ethnic cleansing, or crimes against human6 ity. 

7 (b) CERTIFICATION.—In accordance with section 

8 1171, a certification shall be required that certifies that 

9 the mechanisms described in subsection (a) have been 

10 adopted and implemented. 

11 SEC. 1224. ANTI-SEMITISM AND THE UNITED NATIONS. 

12 (a) IN GENERAL.—The President shall direct the 

13 United States Permanent Representative to the United 

14 Nations to use the voice, vote, and influence of the United 

15 States at the United Nations to make every effort to— 

16 (1) ensure the issuance and implementation of 

17 a directive by the Secretary General or the Secre18 tariat, as appropriate, that— 

19 (A) requires all employees of the United 

20 Nations and its specialized agencies to officially 

21 and publicly condemn anti-Semitic statements 

22 made at any session of the United Nations or 

23 its specialized agencies, or at any other session 

24 sponsored by the United Nations; 
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1 (B) requires employees of the United Na2 tions and its specialized agencies to be subject 

3 to punitive action, including immediate dis4 missal, for making anti-Semitic statements or 

5 references; 

6 (C) proposes specific recommendations to 

7 the General Assembly for the establishment of 

8 mechanisms to hold accountable employees and 

9 officials of the United Nations and its special10 ized agencies, or Member States, that make 

11 such anti-Semitic statements or references in 

12 any forum of the United Nations or of its spe13 cialized agencies; and 

14 (D) develops and implements education 

15 awareness programs about the Holocaust and 

16 anti-Semitism throughout the world, as part of 

17 an effort to combat intolerance and hatred; 

18 (2) work to secure the adoption of a resolution 

19 by the General Assembly that establishes the mecha20 nisms described in paragraph (1)(C); and 

21 (3) continue working toward further reduction 

22 of anti-Semitic language and anti-Israel resolutions 

23 in the United Nations and its specialized agencies. 

24 (b) CERTIFICATION.—In accordance with section 

25 1171, a certification shall be required that certifies that 
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1 the requirements described in subsection (a) have been 

2 satisfied. 

3 Subtitle B—Human Rights and the 

4 Economic and Social Council 

5 (ECOSOC) 

6 SEC. 1231. HUMAN RIGHTS. 

7 (a) STATEMENT OF POLICY.—It shall be the policy 

8 of the United States to use its voice, vote, and influence 

9 at the United Nations to ensure that a credible and re10 spectable Human Rights Council or other human rights 

11 body is established within the United Nations whose par12 ticipating Member States uphold the values embodied in 

13 the Universal Declaration of Human Rights. 

14 (b) HUMAN RIGHTS REFORMS AT THE UNITED NA15 TIONS.—The President shall direct the United States Per16 manent Representative to the United Nations to ensure 

17 that the following human rights reforms have been adopt18 ed by the United Nations: 

19 (1) A Member State that fails to uphold the 

20 values embodied in the Universal Declaration of 

21 Human Rights shall be ineligible for membership on 

22 any United Nations human rights body. 

23 (2) A Member State shall be ineligible for mem24 bership on any United Nations human rights body 

25 if such Member State is— 
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1 (A) subject to sanctions by the Security 

2 Council; or 

3 (B) under a Security Council-mandated in4 vestigation for human rights abuses. 

5 (3) A Member State that is currently subject to 

6 an adopted country specific resolution, in the prin7 cipal body in the United Nations for the promotion 

8 and protection of human rights, relating to human 

9 rights abuses perpetrated by the government of such 

10 country in such country, or has been the subject of 

11 such an adopted country specific resolution in such 

12 principal body within the previous three years, shall 

13 be ineligible for membership on any United Nations 

14 human rights body. For purposes of this subsection, 

15 an adopted country specific resolution shall not in16 clude consensus resolutions on advisory services. 

17 (4) A Member State that violates the principles 

18 of a United Nations human rights body to which it 

19 aspires to join shall be ineligible for membership on 

20 such body. 

21 (5) No human rights body has a standing agen22 da item that relates only to one country or region. 

23 (6) The practice of considering in the principal 

24 body in the United Nations for the promotion and 

25 protection of human rights country specific resolu-
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1 tions relating to human rights abuses perpetrated by 

2 the government of a Member State within such 

3 Member State shall not be eliminated. 

4 (c) CERTIFICATION.—In accordance with section 

5 1171, a certification shall be required that certifies that 

6 the human rights reforms described under subsection (b) 

7 have been adopted by the United Nations. 

8 (d) PREVENTION OF ABUSE OF ‘‘NO ACTION’’ MO9 TIONS.—The United States Permanent Representative 

10 shall work to prevent abuse of ‘‘no action’’ motions, par11 ticularly as such motions relate to country specific resolu12 tions. 

13 (e) OFFICE OF THE UNITED NATIONS HIGH COMMIS14 SIONER FOR HUMAN RIGHTS.— 

15 (1) STATEMENT OF POLICY.—It shall be the 

16 policy of the United States to continue to strongly 

17 support the Office of the United Nations High Com18 missioner for Human Rights. 

19 (2) CERTIFICATION.—In accordance with sec20 tion 1171, a certification shall be required that cer21 tifies that the Office of the United Nations High 

22 Commissioner for Human Rights has been given 

23 greater authority in field operation activities, such 

24 as in the Darfur region of Sudan and in the Demo-
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1 cratic Republic of Congo, in furtherance of the pur2 pose and mission of the United Nations. 

3 (f) PROHIBITION ON CONTACT WITH MEMBER

4 STATES SUBJECT TO SANCTIONS.—An employee from of 

5 any United Nations entity, bureau, division, department, 

6 or specialized agency may not have unauthorized contact, 

7 including business contact, with a Member State that is 

8 subject to United Nations sanctions. 

9 SEC. 1232. ECONOMIC AND SOCIAL COUNCIL (ECOSOC). 

10 (a) STATEMENT OF POLICY.—It shall be the policy 

11 of the United States to use its voice, vote, and influence 

12 at the United Nations to— 

13 (1) abolish secret voting in the Economic and 

14 Social Council (ECOSOC); 

15 (2) ensure that, until such time as the Commis16 sion on Human Rights of the United Nations is 

17 abolished, only countries that are not ineligible for 

18 membership on a human rights body in accordance 

19 with paragraphs (1) through (4) of section 1131(b) 

20 shall be considered for membership on the Commis21 sion on Human Rights; and 

22 (3) ensure that after candidate countries are 

23 nominated for membership on the Commission on 

24 Human Rights, the Economic and Social Council 
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1 conducts a recorded vote to determine such member2 ship. 

3 (b) CERTIFICATION.—In accordance with section 

4 1171, a certification shall be required that certifies that 

5 the policies described in subsection (a) have been imple6 mented by the Economic and Social Council. 

7 SEC. 1233. UNITED NATIONS DEMOCRACY FUND. 

8 (a) IN GENERAL.—The President shall direct the 

9 United States Permanent Representative to the United 

10 Nations to use the voice, vote, and influence of the United 

11 States at the United Nations to make every effort to— 

12 (1) establish a Democracy Fund at the United 

13 Nations to be administered by Member States of the 

14 United Nations Democracy Caucus; 

15 (2) secure political and financial support for the 

16 Democracy Fund from Member States of the United 

17 Nations Democracy Caucus; and 

18 (3) establish criteria that limits recipients of as19 sistance from the Democracy Fund to Member 

20 States that— 

21 (A) are not ineligible for membership on 

22 any United Nations human rights body, in ac23 cordance with paragraphs (1) through (4) of 

24 section 1131(b); and 
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1 (B) are determined by the Secretary of 

2 State to be emerging democracies or democ3 racies in transition. 

4 (b) POLICY RELATING TO FUNDING FOR THE DE5 MOCRACY FUND.—It shall be the policy of the United 

6 States to shift contributions of the United States to the 

7 regularly assessed budget of the United Nations for a bi8 ennial period to initiate and support the Democracy Fund 

9 referred to in subsection (a). 

10 (c) CERTIFICATION.—In accordance with section 

11 1171, a certification shall be required that certifies that 

12 the requirements described in subsection (a) have been 

13 satisfied. 

14 Subtitle C—International Atomic 

15 Energy Agency 

16 SEC. 1241. INTERNATIONAL ATOMIC ENERGY AGENCY. 

17 (a) ENFORCEMENT AND COMPLIANCE.— 

18 (1) OFFICE OF COMPLIANCE.— 

19 (A) ESTABLISHMENT.—The President 

20 shall direct the United States Permanent Rep21 resentative to International Atomic Energy 

22 Agency (IAEA) to use the voice, vote, and influ23 ence of the United States at the IAEA to estab24 lish an Office of Compliance in the Secretariat 

25 of the IAEA. 
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1 (B) OPERATION.—The Office of Compli2 ance shall— 

3 (i) function as an independent body 

4 composed of technical experts who shall 

5 work in consultation with IAEA inspectors 

6 to assess compliance by IAEA Member 

7 States and provide recommendations to the 

8 IAEA Board of Governors concerning pen9 alties to be imposed on IAEA Member 

10 States that fail to fulfill their obligations 

11 under IAEA Board resolutions; 

12 (ii) base its assessments and rec13 ommendations on IAEA inspection reports; 

14 and 

15 (iii) shall take into consideration in16 formation provided by IAEA Board Mem17 bers that are one of the five nuclear weap18 ons states as recognized by the Treaty on 

19 the Non-Proliferation of Nuclear Weapons 

20 (21 UST 483) (commonly referred to as 

21 the ‘‘Nuclear Nonproliferation Treaty’’ or 

22 the ‘‘NPT’’). 

23 (C) STAFFING.—The Office of Compliance 

24 shall be staffed from existing personnel in the 

25 Department of Safeguards of the IAEA or the 
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1 Department of Nuclear Safety and Security of 

2 the IAEA. 

3 (2) SPECIAL COMMITTEE ON SAFEGUARDS AND

4 VERIFICATION.— 

5 (A) ESTABLISHMENT.—The President 

6 shall direct the United States Permanent Rep7 resentative to the IAEA to use the voice, vote, 

8 and influence of the United States at the IAEA 

9 to establish a Special Committee on Safeguards 

10 and Verification. 

11 (B) RESPONSIBILITIES.—The Special 

12 Committee shall— 

13 (i) improve the ability of the IAEA to 

14 monitor and enforce compliance by Mem15 ber States of the IAEA with the Nuclear 

16 Nonproliferation Treaty and the Statute of 

17 the International Atomic Energy Agency; 

18 and 

19 (ii) consider which additional meas20 ures are necessary to enhance the ability of 

21 the IAEA, beyond the verification mecha22 nisms and authorities contained in the Ad23 ditional Protocol to the Safeguards Agree24 ments between the IAEA and Member 

25 States of the IAEA, to detect with a high 
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1 degree of confidence undeclared nuclear ac2 tivities by a Member State. 

3 (3) PENALTIES WITH RESPECT TO THE IAEA.— 

4 (A) IN GENERAL.—The President shall di5 rect the United States Permanent Representa6 tive to the IAEA to use the voice, vote, and in7 fluence of the United States at the IAEA to en8 sure that a Member State of the IAEA that is 

9 under investigation for a breach of or non10 compliance with its IAEA obligations or the 

11 purposes and principles of the Charter of the 

12 United Nations has its privileges suspended, in13 cluding— 

14 (i) limiting its ability to vote on its 

15 case; 

16 (ii) being prevented from receiving 

17 any technical assistance; and 

18 (iii) being prevented from hosting 

19 meetings. 

20 (B) TERMINATION OF PENALTIES.—The 

21 penalties specified under subparagraph (A) 

22 shall be terminated when such investigation is 

23 concluded and such Member State is no longer 

24 in such breach or noncompliance. 
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1 (4) PENALTIES WITH RESPECT TO THE NU2 CLEAR NONPROLIFERATION TREATY.—The Presi3 dent shall direct the United States Permanent Rep4 resentative to the IAEA to use the voice, vote, and 

5 influence of the United States at the IAEA to en6 sure that a Member State of the IAEA that is found 

7 to be in breach of, in noncompliance with, or has 

8 withdrawn from the Nuclear Nonproliferation Treaty 

9 shall return to the IAEA all nuclear materials and 

10 technology received from the IAEA, any Member 

11 State of the IAEA, or any Member State of the Nu12 clear Nonproliferation Treaty. 

13 (b) UNITED STATES CONTRIBUTIONS.— 

14 (1) VOLUNTARY CONTRIBUTIONS.—Voluntary 

15 contributions of the United States to the IAEA 

16 should primarily be used to fund activities relating 

17 to Nuclear Safety and Security or activities relating 

18 to Nuclear Verification. 

19 (2) LIMITATION ON USE OF FUNDS.—The 

20 President shall direct the United States Permanent 

21 Representative to the IAEA to use the voice, vote, 

22 and influence of the United States at the IAEA to— 

23 (A) ensure that funds for safeguards in24 spections are prioritized for countries that have 
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1 newly established nuclear programs or are initi2 ating nuclear programs; and 

3 (B) block the allocation of funds for any 

4 other IAEA development, environmental, or nu5 clear science assistance or activity to a coun6 try— 

7 (i) the government of which the Sec8 retary of State has determined, for pur9 poses of section 6(j) of the Export Admin10 istration Act of 1979, section 620A of the 

11 Foreign Assistance Act of 1961, section 40 

12 of the Arms Export Control Act, or other 

13 provision of law, is a government that has 

14 repeatedly provided support for acts of 

15 international terrorism and the government 

16 of which the Secretary has determined has 

17 not dismantled and surrendered its weap18 ons of mass destruction programs under 

19 international verification; 

20 (ii) that is under investigation for a 

21 breach of or noncompliance with its IAEA 

22 obligations or the purposes and principles 

23 of the Charter of the United Nations; or 
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1 (iii) that is in violation of its IAEA 

2 obligations or the purposes and principles 

3 of the Charter of the United Nations. 

4 (3) DETAIL OF EXPENDITURES.—The Presi5 dent shall direct the United States Permanent Rep6 resentative to the IAEA to use the voice, vote, and 

7 influence of the United States at the IAEA to se8 cure, as part of the regular budget presentation of 

9 the IAEA to Member States of the IAEA, a detailed 

10 breakdown by country of expenditures of the IAEA 

11 for safeguards inspections and nuclear security ac12 tivities. 

13 (c) MEMBERSHIP.— 

14 (1) IN GENERAL.—The President shall direct 

15 the United States Permanent Representative to the 

16 IAEA to use the voice, vote, and influence of the 

17 United States at the IAEA to block the membership 

18 on the Board of Governors of the IAEA for a Mem19 ber State of the IAEA that has not signed and rati20 fied the Additional Protocol and— 

21 (A) is under investigation for a breach of 

22 or noncompliance with its IAEA obligations or 

23 the purposes and principles of the Charter of 

24 the United Nations; or 
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1 (B) that is in violation of its IAEA obliga2 tions or the purposes and principles of the 

3 Charter of the United Nations. 

4 (2) CRITERIA.—The United States Permanent 

5 Representative to the IAEA shall make every effort 

6 to modify the criteria for Board membership to re7 flect the principles described in paragraph (1). 

8 (d) SMALL QUANTITIES PROTOCOL.—The President 

9 shall direct the United States Permanent Representative 

10 to the IAEA to use the voice, vote, and influence of the 

11 United States at the IAEA to make every effort to ensure 

12 that the IAEA changes the policy regarding the Small 

13 Quantities Protocol in order to— 

14 (1) rescind and eliminate the Small Quantities 

15 Protocol; 

16 (2) require that any IAEA Member State that 

17 has previously signed a Small Quantities Protocol to 

18 sign, ratify, and implement the Additional Protocol, 

19 provide immediate access for IAEA inspectors to its 

20 nuclear-related facilities, and agree to the strongest 

21 inspections regime of its nuclear efforts; and 

22 (3) require that any IAEA Member State that 

23 does not comply with paragraph (2) to be ineligible 

24 to receive nuclear material, technology, equipment, 

25 or assistance from any IAEA Member State and 
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1 subject to the penalties described in subsection 

2 (a)(3). 

3 (e) NUCLEAR PROGRAM OF IRAN.— 

4 (1) UNITED STATES ACTION.—The President 

5 shall direct the United States Permanent Represent6 ative to the IAEA to use the voice, vote, and influ7 ence of the United States at the IAEA to make 

8 every effort to ensure the adoption of a resolution by 

9 the IAEA Board of Governors that makes Iran ineli10 gible to receive any nuclear material, technology, 

11 equipment, or assistance from any IAEA Member 

12 State and ineligible for any IAEA assistance not re13 lated to safeguards inspections or nuclear security 

14 until the IAEA Board of Governors determines that 

15 Iran— 

16 (A) is providing full access to IAEA in17 spectors to its nuclear-related facilities; 

18 (B) has fully implemented and is in com19 pliance with the Additional Protocol; and 

20 (C) has permanently ceased and disman21 tled all activities and programs related to nu22 clear-enrichment and reprocessing. 

23 (2) PENALTIES.—If an IAEA Member State is 

24 determined to have violated the prohibition on as25 sistance to Iran described in paragraph (1) before 
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1 the IAEA Board of Governors determines that Iran 

2 has satisfied the conditions described in subpara3 graphs (A) through (C) of such paragraph, such 

4 Member State shall be subject to the penalties de5 scribed in subsection (a)(3), shall be ineligible to re6 ceive nuclear material, technology, equipment, or as7 sistance from any IAEA Member State, and shall be 

8 ineligible to receive any IAEA assistance not related 

9 to safeguards inspections or nuclear security until 

10 such time as the IAEA Board of Governors makes 

11 such determination with respect to Iran. 

12 (f) REPORT.—Not later than six months after the 

13 date of the enactment of this Act and annually for two 

14 years thereafter, the President shall submit to the appro15 priate congressional committees a report on the implemen16 tation of this section. 

17 SEC. 1242. SENSE OF CONGRESS REGARDING THE NUCLEAR 

18 SECURITY ACTION PLAN OF THE IAEA. 

19 It is the sense of Congress that the national security 

20 interests of the United States are enhanced by the Nuclear 

21 Security Action Plan of the IAEA and the Board of Gov22 ernors should recommend, and the General Conference 

23 should adopt, a resolution incorporating the Nuclear Secu24 rity Action Plan into the regular budget of the IAEA. 
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1 Subtitle D—Peacekeeping 

2 SEC. 1251. SENSE OF CONGRESS REGARDING REFORM OF 

3 UNITED NATIONS PEACEKEEPING OPER4 ATIONS. 

5 It is the sense of Congress that— 

6 (1) although United Nations peacekeeping oper7 ations have contributed greatly toward the pro8 motion of peace and stability for the past 57 years 

9 and the majority of peacekeeping personnel who 

10 have served under the United Nations flag have 

11 done so with honor and courage, the record of 

12 United Nations peacekeeping has been severely tar13 nished by operational failures and unconscionable 

14 acts of misconduct; and 

15 (2) if the reputation of and confidence in 

16 United Nations peacekeeping operations is to be re17 stored, fundamental and far-reaching reforms, par18 ticularly in the areas of planning, management, 

19 training, conduct, and discipline, must be imple20 mented without delay. 
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1 SEC. 1252. STATEMENT OF POLICY RELATING TO REFORM 

2 OF UNITED NATIONS PEACEKEEPING OPER3 ATIONS. 

4 It shall be the policy of the United States to pursue 

5 reform of United Nations peacekeeping operations in the 

6 following areas: 

7 (1) PLANNING AND MANAGEMENT.— 

8 (A) GLOBAL AUDIT.—As the size, cost, 

9 and number of United Nations peacekeeping 

10 operations have increased substantially over the 

11 past decade, an independent audit of each such 

12 operation, with a view toward ‘‘right-sizing’’ op13 erations and ensuring that such operations are 

14 cost effective, should be conducted and its find15 ings reported to the Security Council. 

16 (B) REVIEW OF MANDATES AND CLOSING

17 OPERATIONS.—In conjunction with the audit 

18 described in subparagraph (A), the United Na19 tions Department of Peacekeeping Operations 

20 should conduct a comprehensive review of all 

21 United Nations peacekeeping operation man22 dates, with a view toward identifying objectives 

23 that are practical and achievable, and report its 

24 findings to the Security Council. In particular, 

25 the review should consider the following: 
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1 (i) Activities that fall beyond the 

2 scope of traditional peacekeeping activities 

3 should be delegated to a new Peacebuilding 

4 Commission, described in paragraph (3). 

5 (ii) Long-standing operations that are 

6 static and cannot fulfill their mandate 

7 should be downsized or closed. 

8 (iii) Where there is legitimate concern 

9 that the withdrawal from a country of an 

10 otherwise static United Nations peace11 keeping operation would result in the re12 sumption of major conflict, a burden-shar13 ing arrangement that reduces the level of 

14 assessed contributions, similar to that cur15 rently supporting the United Nations 

16 Peacekeeping Force in Cyprus, should be 

17 explored and instituted. 

18 (C) LEADERSHIP.—As peacekeeping oper19 ations become larger and increasingly complex, 

20 the Secretariat should adopt a minimum stand21 ard of qualifications for senior leaders and 

22 managers, with particular emphasis on specific 

23 skills and experience, and current senior leaders 

24 and managers who do not meet those standards 

25 should be removed or reassigned. 
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1 (D) PRE-DEPLOYMENT TRAINING.—Pre2 deployment training on interpretation of the 

3 mandate of the operation, specifically in the 

4 areas of use of force, civilian protection and 

5 field conditions, the Code of Conduct, HIV/ 

6 AIDS, and human rights should be mandatory, 

7 and all personnel, regardless of category or 

8 rank, should be required to sign an oath that 

9 each has received and understands such train10 ing as a condition of participation in the oper11 ation. 

12 (E) GRATIS MILITARY PERSONNEL.—The 

13 General Assembly should lift restrictions on the 

14 utilization at the headquarters in New York, 

15 the United States, of the Department of Peace16 keeping Operations of gratis military personnel 

17 by the Department so that the Department may 

18 accept secondments from Member States of 

19 military personnel with expertise in mission 

20 planning, logistics, and other operational spe21 cialties. 

22 (2) CONDUCT AND DISCIPLINE.— 

23 (A) ADOPTION OF A UNIFORM CODE OF

24 CONDUCT.—A single, uniform Code of Conduct 

25 that has the status of a binding rule and ap-
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1 plies equally to all personnel serving in United 

2 Nations peacekeeping operations, regardless of 

3 category or rank, should be promulgated, adopt4 ed, and enforced. 

5 (B) UNDERSTANDING THE CODE OF CON6 DUCT.—All personnel, regardless of category or 

7 rank, should receive training on the Code of 

8 Conduct prior to deployment with a peace9 keeping operation, in addition to periodic fol10 low-on training. In particular— 

11 (i) all personnel, regardless of cat12 egory or rank, should be provided with a 

13 personal copy of the Code of Conduct that 

14 has been translated into the national lan15 guage of such personnel, regardless of 

16 whether such language is an official lan17 guage of the United Nations; 

18 (ii) all personnel, regardless of cat19 egory or rank, should sign an oath that 

20 each has received a copy of the Code of 

21 Conduct, that each pledges to abide by the 

22 Code of Conduct, and that each under23 stands the consequences of violating the 

24 Code of Conduct, including immediate ter25 mination of the participation of such per-
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1 sonnel in the peacekeeping operation to 

2 which such personnel is assigned as a con3 dition of appointment to such operation; 

4 and 

5 (iii) peacekeeping operations should 

6 conduct educational outreach programs to 

7 reach local communities where peace8 keeping personnel of such operations are 

9 based, including explaining prohibited acts 

10 on the part of United Nations peace11 keeping personnel and identifying the indi12 vidual to whom the local population may 

13 direct complaints or file allegations of ex14 ploitation, abuse, or other acts of mis15 conduct. 

16 (C) MONITORING MECHANISMS.—Dedi17 cated monitoring mechanisms, such as the Per18 sonnel Conduct Units already deployed to sup19 port United Nations peacekeeping operations in 

20 Haiti, Liberia, Burundi, and the Democratic 

21 Republic of Congo, should be present in each 

22 operation to monitor compliance with the Code 

23 of Conduct, and— 

24 (i) should report simultaneously to the 

25 Head of Mission, the United Nations De-
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1 partment of Peacekeeping Operations, and 

2 the Associate Director of OIOS for Peace3 keeping Operations (established under sec4 tion 1114(b)(9)); and 

5 (ii) should be tasked with designing 

6 and implementing mission-specific meas7 ures to prevent misconduct, conduct follow8 on training for personnel, coordinate com9 munity outreach programs, and assist in 

10 investigations, as OIOS determines nec11 essary and appropriate. 

12 (D) INVESTIGATIONS.—A permanent, pro13 fessional, and independent investigative body 

14 should be established and introduced into 

15 United Nations peacekeeping operations. In 

16 particular— 

17 (i) the investigative body should in18 clude professionals with experience in in19 vestigating sex crimes, as well as experts 

20 who can provide guidance on standards of 

21 proof and evidentiary requirements nec22 essary for any subsequent legal action; 

23 (ii) provisions should be included in a 

24 Model Memorandum of Understanding 

25 that obligate Member States that con-
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1 tribute troops to a peacekeeping operation 

2 to designate a military prosecutor who will 

3 participate in any investigation into an al4 legation of misconduct brought against an 

5 individual of such Member State, so that 

6 evidence is collected and preserved in a 

7 manner consistent with the military law of 

8 such Member State; 

9 (iii) the investigative body should be 

10 regionally based to ensure rapid deploy11 ment and should be equipped with modern 

12 forensics equipment for the purpose of 

13 positively identifying perpetrators and, 

14 where necessary, for determining paternity; 

15 and 

16 (iv) the investigative body should re17 port directly to the Associate Director of 

18 OIOS for Peacekeeping Operations, while 

19 providing copies of any reports to the De20 partment of Peacekeeping Operations, the 

21 Head of Mission, and the Member State 

22 concerned. 

23 (E) FOLLOW-UP.—A dedicated unit, simi24 lar to the Personnel Conduct Units, staffed and 

25 funded through existing resources, should be es-
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1 tablished within the headquarters of the United 

2 Nations Department of Peacekeeping Oper3 ations and tasked with— 

4 (i) promulgating measures to prevent 

5 misconduct; 

6 (ii) coordinating allegations of mis7 conduct, and reports received by field per8 sonnel; and 

9 (iii) gathering follow-up information 

10 on completed investigations, particularly by 

11 focusing on disciplinary actions against the 

12 individual concerned taken by the United 

13 Nations or by the Member State that is 

14 contributing troops to which such indi15 vidual belongs, and sharing such informa16 tion with the Security Council, the Head of 

17 Mission, and the community hosting the 

18 peacekeeping operation. 

19 (F) FINANCIAL LIABILITY AND VICTIMS

20 ASSISTANCE.—Although peacekeeping oper21 ations should provide immediate medical assist22 ance to victims of sexual abuse or exploitation, 

23 the responsibility for providing longer-term 

24 treatment, care, or restitution lies solely with 

25 the individual found guilty of the misconduct. 
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1 In particular, the following reforms should be 

2 implemented: 

3 (i) The United Nations should not as4 sume responsibility for providing long-term 

5 treatment or compensation by creating a 

6 ‘‘Victims Trust Fund’’, or any other such 

7 similar fund, financed through assessed 

8 contributions to United Nations peace9 keeping operations, thereby shielding indi10 viduals from personal liability and rein11 forcing an atmosphere of impunity. 

12 (ii) If an individual responsible for 

13 misconduct has been repatriated, reas14 signed, redeployed, or is otherwise unable 

15 to provide assistance, responsibility for 

16 providing assistance to a victim should be 

17 assigned to the Member State that contrib18 uted the troops to which such individual 

19 belonged or to the manager concerned. 

20 (iii) In the case of misconduct by a 

21 member of a military contingent, appro22 priate funds shall be withheld from the 

23 troop contributing country concerned. 

24 (iv) In the case of misconduct by a ci25 vilian employee or contractor of the United 
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1 Nations, appropriate wages shall be gar2 nished from such individual or fines shall 

3 be imposed against such individual, con4 sistent with existing United Nations Staff 

5 Rules. 

6 (G) MANAGERS AND COMMANDERS.—The 

7 manner in which managers and commanders 

8 handle cases of misconduct by those serving 

9 under them should be included in their indi10 vidual performance evaluations, so that man11 agers and commanders who take decisive action 

12 to deter and address misconduct are rewarded, 

13 while those who create a permissive environ14 ment or impede investigations are penalized or 

15 relieved of duty, as appropriate. 

16 (H) DATA BASE.—A centralized data base 

17 should be created and maintained within the 

18 United Nations Department of Peacekeeping 

19 Operations to track cases of misconduct, includ20 ing the outcome of investigations and subse21 quent prosecutions, to ensure that personnel 

22 who have engaged in misconduct or other crimi23 nal activities, regardless of category or rank, 

24 are permanently barred from participation in 

25 future peacekeeping operations. 
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1 (I) WELFARE.—Peacekeeping operations 

2 should assume responsibility for maintaining a 

3 minimum standard of welfare for mission per4 sonnel to ameliorate conditions of service, while 

5 adjustments are made to the discretionary wel6 fare payments currently provided to Member 

7 States that contribute troops to offset the cost 

8 of operation-provided recreational facilities. 

9 (3) PEACEBUILDING COMMISSION.— 

10 (A) ESTABLISHMENT.—Consistent with 

11 the recommendations of the High Level Panel 

12 Report, the United Nations should establish a 

13 Peacebuilding Commission, supported by a 

14 Peacebuilding Support Office, to marshal the 

15 efforts of the United Nations, international fi16 nancial institutions, donors, and non-govern17 mental organizations to assist countries in tran18 sition from war to peace. 

19 (B) STRUCTURE AND MEMBERSHIP.—The 

20 Commission should— 

21 (i) be a subsidiary body of the United 

22 Nations Security Council, limited in size to 

23 ensure efficiency; 

24 (ii) include members of the United 

25 Nations Security Council, major donors, 
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HR 2601 PCS 

1 major troop contributing countries, appro2 priate United Nations organizations, the 

3 World Bank, and the International Mone4 tary Fund; and 

5 (iii) invite the President of ECOSOC, 

6 regional actors, Member States that con7 tribute troops, regional development banks, 

8 and other concerned parties that are not 

9 already members, as determined appro10 priate, to consult or participate in meet11 ings as observers. 

12 (C) RESPONSIBILITIES.—The Commission 

13 should seek to ease the demands currently 

14 placed upon the Department of Peacekeeping 

15 Operations to undertake tasks that fall beyond 

16 the scope of traditional peacekeeping, by— 

17 (i) developing and integrating coun18 try-specific and system-wide conflict pre19 vention, post-conflict reconstruction, and 

20 long-term development policies and strate21 gies; and 

22 (ii) serving as the key coordinating 

23 body for the design and implementation of 

24 military, humanitarian, and civil adminis25 tration aspects of complex missions. 
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1 (D) RESOURCES.—The establishment of 

2 the Peacebuilding Commission and the related 

3 Peacebuilding Support Office, should be staffed 

4 within existing resources. 

5 SEC. 1253. CERTIFICATION. 

6 (a) NEW OR EXPANDED PEACEKEEPING OPER7 ATIONS CONTINGENT UPON PRESIDENTIAL CERTIFI8 CATION OF PEACEKEEPING OPERATIONS REFORMS.— 

9 (1) NO NEW OR EXPANDED PEACEKEEPING OP10 ERATIONS.— 

11 (A) CERTIFICATION.—Except as provided 

12 in subparagraph (B), until the Secretary of 

13 State certifies that the requirements described 

14 in paragraph (2) have been satisfied, the Presi15 dent shall direct the United States Permanent 

16 Representative to the United Nations to use the 

17 voice, vote, and influence of the United States 

18 at the United Nations to oppose the creation of 

19 new, or expansion of existing, United Nations 

20 peacekeeping operations. 

21 (B) EXCEPTION AND NOTIFICATION.—The 

22 requirements described under subparagraphs 

23 (F) and (G) of paragraph (2) may be waived 

24 until January 1, 2007, if the President deter25 mines that such is in the national interest of 
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1 the United States. If the President makes such 

2 a determination, the President shall, not later 

3 than 15 days before the exercise of such waiver, 

4 notify the appropriate congressional committees 

5 of such determination and resulting waiver. 

6 (2) CERTIFICATION OF PEACEKEEPING OPER7 ATIONS REFORMS.—The certification referred to in 

8 paragraph (1) is a certification made by the Sec9 retary to the appropriate congressional committees 

10 that the following reforms, or an equivalent set of 

11 reforms, related to peacekeeping operations have 

12 been adopted by the United Nations Department of 

13 Peacekeeping Operations or the General Assembly, 

14 as appropriate: 

15 (A) A single, uniform Code of Conduct 

16 that has the status of a binding rule and ap17 plies equally to all personnel serving in United 

18 Nations peacekeeping operations, regardless of 

19 category or rank, has been adopted by the Gen20 eral Assembly and mechanisms have been estab21 lished for training such personnel concerning 

22 the requirements of the Code and enforcement 

23 of the Code. 

24 (B) All personnel, regardless of category or 

25 rank, serving in a peacekeeping operation have 
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1 been trained concerning the requirements of the 

2 Code of Conduct and each has been given a per3 sonal copy of the Code, translated into the na4 tional language of such personnel. 

5 (C) All personnel, regardless of category or 

6 rank, are required to sign an oath that each has 

7 received a copy of the Code of Conduct, that 

8 each pledges to abide by the Code, and that 

9 each understands the consequences of violating 

10 the Code, including the immediate termination 

11 of the participation of such personnel in the 

12 peacekeeping operation to which such personnel 

13 is assigned as a condition of the appointment to 

14 such operation. 

15 (D) All peacekeeping operations have de16 signed and implemented educational outreach 

17 programs to reach local communities where 

18 peacekeeping personnel of such operations are 

19 based to explain prohibited acts on the part of 

20 United Nations peacekeeping personnel and to 

21 identify the individual to whom the local popu22 lation may direct complaints or file allegations 

23 of exploitation, abuse, or other acts of mis24 conduct. 
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1 (E) A centralized data base has been cre2 ated and is being maintained in the United Na3 tions Department of Peacekeeping Operations 

4 that tracks cases of misconduct, including the 

5 outcomes of investigations and subsequent pros6 ecutions, to ensure that personnel, regardless of 

7 category or rank, who have engaged in mis8 conduct or other criminal activities are perma9 nently barred from participation in future 

10 peacekeeping operations. 

11 (F) A Model Memorandum of Under12 standing between the United Nations and each 

13 Member State that contributes troops to a 

14 peacekeeping operation has been adopted by the 

15 United Nations Department of Peacekeeping 

16 Operations that specifically obligates each such 

17 Member State to— 

18 (i) designate a competent legal au19 thority, preferably a prosecutor with exper20 tise in the area of sexual exploitation and 

21 abuse, to participate in any investigation 

22 into an allegation of misconduct brought 

23 against an individual of such Member 

24 State; 
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1 (ii) refer to its competent national or 

2 military authority for possible prosecution, 

3 if warranted, any investigation of a viola4 tion of the Code of Conduct or other crimi5 nal activity by an individual of such Mem6 ber State; 

7 (iii) report to the Department of 

8 Peacekeeping Operations on the outcome 

9 of any such investigation; 

10 (iv) undertake to conduct on-site court 

11 martial proceedings relating to allegations 

12 of misconduct alleged against an individual 

13 of such Member State; and 

14 (v) assume responsibility for the pro15 vision of appropriate assistance to a victim 

16 of misconduct committed by an individual 

17 of such Member State. 

18 (G) A professional and independent inves19 tigative and audit function has been established 

20 within the United Nations Department of 

21 Peacekeeping Operations and the OIOS to mon22 itor United Nations peacekeeping operations. 
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1 SEC. 1254. RULE OF CONSTRUCTION RELATING TO PROTEC2 TION OF UNITED STATES OFFICIALS AND 

3 MEMBERS OF THE ARMED FORCES. 

4 Nothing in this subtitle shall be construed as super5 seding the Uniform Code of Military Justice or operating 

6 to effect the surrender of United States officials or mem7 bers of the Armed Forces to a foreign country or inter8 national tribunal, including the International Criminal 

9 Court, for prosecutions arising from peacekeeping oper10 ations or other similar United Nations-related activity, 

11 and nothing in this subtitle shall be interpreted in a man12 ner inconsistent with the American Servicemembers’ Pro13 tection Act of 2002 (title II of the 2002 Supplemental Ap14 propriations Act for Further Recovery From and Re15 sponse To Terrorist Attacks on the United States; Public 

16 Law 107–206). 

17 Subtitle E—Department of State 

18 and Government Accountability 

19 Office 

20 SEC. 1261. POSITIONS FOR UNITED STATES CITIZENS AT 

21 INTERNATIONAL ORGANIZATIONS. 

22 The Secretary of State shall make every effort to re23 cruit United States citizens for positions within inter24 national organizations. 
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1 SEC. 1262. BUDGET JUSTIFICATION FOR REGULAR AS2 SESSED BUDGET OF THE UNITED NATIONS. 

3 (a) DETAILED ITEMIZATION.—The annual congres4 sional budget justification shall include a detailed itemized 

5 request in support of the assessed contribution of the 

6 United States to the regular assessed budget of the United 

7 Nations. 

8 (b) CONTENTS OF DETAILED ITEMIZATION.—The 

9 detailed itemization required under subsection (a) shall— 

10 (1) contain information relating to the amounts 

11 requested in support of each of the various sections 

12 and titles of the regular assessed budget of the 

13 United Nations; and 

14 (2) compare the amounts requested for the cur15 rent year with the actual or estimated amounts con16 tributed by the United States in previous fiscal years 

17 for the same sections and titles. 

18 (c) ADJUSTMENTS AND NOTIFICATION.—If the 

19 United Nations proposes an adjustment to its regular as20 sessed budget, the Secretary of State shall, at the time 

21 such adjustment is presented to the Advisory Committee 

22 on Administrative and Budgetary Questions (ACABQ), 

23 notify and consult with the appropriate congressional com24 mittees. 
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1 SEC. 1263. REVIEW AND REPORT. 

2 Not later than six months after the date of the enact3 ment of this Act, the Secretary of State shall conduct a 

4 review of programs of the United Nations that are funded 

5 through assessed contributions and submit to the appro6 priate congressional committees a report containing— 

7 (1) the findings of such review; and 

8 (2) recommendations relating to— 

9 (A) the continuation of such programs; 

10 and 

11 (B) which of such programs should be vol12 untarily funded, other than those specified in 

13 subparagraphs (A) through (R) of subsection 

14 (c)(2) of section 11 of the United Nations Par15 ticipation Act of 1945, as amended by section 

16 1111(c) of this title. 

17 SEC. 1264. GOVERNMENT ACCOUNTABILITY OFFICE. 

18 (a) REPORT ON UNITED NATIONS REFORMS.—Not 

19 later than 12 months after the date of the enactment of 

20 this Act and again 12 months thereafter, the Comptroller 

21 General of the United States of the Government Account22 ability Office shall submit to the appropriate congressional 

23 committees a report on the status of the 1997, 2002, and 

24 2005 management reforms initiated by the Secretary Gen25 eral and on the reforms mandated by this title. 
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1 (b) REPORT ON DEPARTMENT OF STATE CERTIFI2 CATIONS.—Not later than six months after each certifi3 cation submitted by the Secretary of State to the appro4 priate congressional committees under this title and sub5 section (d)(3) of section 11 of the United Nations Partici6 pation Act of 1945 (as amended by section 1111(c) of this 

7 title), the Comptroller General shall submit to the appro8 priate congressional committees a report on each such cer9 tification. The Secretary shall provide the Comptroller 

10 General with any information required by the Comptroller 

11 General to submit any such report. 

12 (c) UNITED NATIONS CONSTRUCTION AND CON13 TRACTING.—Not later than six months after the date of 

14 the enactment of this Act, the Comptroller General shall 

15 submit to the Committee on International Relations of the 

16 House of Representatives, the Committee on Foreign Re17 lations of the Senate, the Committee on Appropriations 

18 of the House of Representatives, and the Committee on 

19 Appropriations of the Senate a report describing the costs 

20 associated with the contracting for and construction of the 

21 Geneva, Switzerland, buildings of the World Meteorolog22 ical Organization (WMO) and the World Intellectual Prop23 erty Organization (WIPO). The report shall include anal24 yses of the procurement procedures for each such building 

25 and shall specifically address issues of any corrupt con-
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1 tracting practices that are discovered, such as rigged bids 

2 and kickbacks, as well as other improprieties. The report 

3 shall also include an identification of other credible allega4 tions of corrupt contracting at United Nations construc5 tion projects that involve major construction on a scale 

6 comparable to the WMO and WIPO construction projects, 

7 and a description of the results of an investigation into 

8 each such credible allegation. 

9 Subtitle F—Certifications and 

10 Withholding of Contributions 

11 SEC. 1271. CERTIFICATIONS AND WITHHOLDING OF CON12 TRIBUTIONS. 

13 (a) CERTIFICATIONS.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (3), the certifications required under sub16 section (d)(3) of section 11 of the United Nations 

17 Participation Act of 1945 (as amended by section 

18 1111(c) of this title) and section 1113, sections 

19 1114(a) through 1114(e), section 1114(g), section 

20 1123, section 1124, sections 1131(c) and 1131(e), 

21 section 1132, and section 1133 of this title are cer22 tifications submitted to the appropriate congres23 sional committees by the Secretary of State that the 

24 requirements of each such section have been satis25 fied with respect to reform of the United Nations. 
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1 (2) ALTERNATE CERTIFICATION MECHANISM.— 

2 (A) IN GENERAL.—Except as provided in 

3 paragraph (3), in the event that the Secretary 

4 is unable to submit a certification in accordance 

5 with paragraph (1), the Secretary may submit 

6 to the appropriate congressional committees, in 

7 accordance with subparagraph (B), an alternate 

8 certification that certifies that the requirements 

9 of the section to which the original certification 

10 applies have been implemented through reforms 

11 that are substantially similar to the require12 ments of such section or accomplish the same 

13 purposes as the requirements of such section. 

14 (B) EQUIVALENCY.—Reforms are substan15 tially similar or accomplish the same purposes 

16 if— 

17 (i) such reforms are formally adopted 

18 in written form by the entity or committee 

19 of the United Nations or of its specialized 

20 agency that has authority to enact or im21 plement such reforms or are issued by the 

22 Secretariat or the appropriate entity or 

23 committee in written form; and 

24 (ii) such reforms are not identical to 

25 the reforms required by a particular cer-
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1 tification but in the determination of the 

2 Secretary will have the same, or nearly the 

3 same effect, as such reforms. 

4 (C) WRITTEN JUSTIFICATION AND CON5 SULTATION.— 

6 (i) WRITTEN JUSTIFICATION.—Not 

7 later than 30 days before submitting an al8 ternate certification in accordance with 

9 subparagraph (A), the Secretary shall sub10 mit to the appropriate congressional com11 mittees a written justification explaining in 

12 detail the basis for such alternate certifi13 cation. 

14 (ii) CONSULTATION.—After the Sec15 retary has submitted the written justifica16 tion under clause (i), but no later than 15 

17 days before the Secretary exercises the al18 ternate certification mechanism described 

19 under subparagraph (A), the Secretary 

20 shall consult with the appropriate congres21 sional committees regarding such exercise. 

22 (3) LIMITED EXCEPTION FOR SUBSTANTIAL

23 COMPLIANCE.— 

24 (A) SUBSTANTIAL COMPLIANCE.—Subject 

25 to subparagraph (B), if at least 32 of the 46 
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1 reforms represented by the 14 certifications 

2 specified under paragraph (1) have been imple3 mented, all such reforms (including the 

4 unimplemented reforms) so represented shall be 

5 deemed to have been implemented for the year 

6 in which the Secretary submits such certifi7 cations. 

8 (B) MANDATORY IMPLEMENTATION OF

9 CERTAIN REFORMS.— 

10 (i) IN GENERAL.—The provisions of 

11 subparagraph (A) shall not apply unless 

12 the reforms under the following sections 

13 have been implemented for the year to 

14 which subparagraph (A) applies: 

15 (I) Subsection (d)(3) of section 

16 11 of the United Nations Participa17 tion Act of 1945 (as amended by sec18 tion 1111(c) of this title). 

19 (II) Section 1113(b)(1)(A). 

20 (III) Section 1113(b)(2)(D). 

21 (IV) Section 1114(a)(1). 

22 (V) Section 1114(a)(6). 

23 (VI) Section 1114(b)(1). 

24 (VII) Section 1114(b)(2). 

25 (VIII) Section 1114(c)(1). 
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1 (IX) Section 1131(b)(1). 

2 (X) Section 1131(b)(2). 

3 (XI) Section 1131(b)(3). 

4 (XII) Section 1131(b)(5). 

5 (XIII) Section 1131(b)(6). 

6 (XIV) Section 1132(a)(1). 

7 (XV) Section 1132(a)(2). 

8 (ii) FULL COMPLIANCE IN SUC9 CEEDING YEAR.—If the unimplemented re10 forms under subparagraph (A) are not im11 plemented in the year succeeding the year 

12 to which subparagraph (A) applies, the 

13 provisions of subsection (b) shall apply for 

14 such succeeding year. 

15 (b) WITHHOLDING OF UNITED STATES CONTRIBU16 TIONS TO REGULAR ASSESSED BUDGET OF THE UNITED

17 NATIONS.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (4) and in accordance with paragraph (2), 

20 until such time as all certifications (or alternate cer21 tifications) are submitted in accordance with sub22 section (a), the United States shall appropriate, but 

23 withhold from expenditure, 50 percent of the con24 tributions of the United States to the regular as-
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1 sessed budget of the United Nations for a biennial 

2 period. 

3 (2) AVAILABLE UNTIL EXPENDED.—The con4 tributions appropriated but withheld from expendi5 ture under paragraph (1) are authorized to remain 

6 available until expended. 

7 (3) APPLICATION WITH RESPECT TO SECTION

8 11(B) OF THE UNITED NATION PARTICIPATION ACT

9 OF 1945.—Until such time as all certifications (or al10 ternate certifications) are submitted in accordance 

11 with subsection (a), subsection (b) of section 11 of 

12 the United Nations Participation Act of 1945 (as 

13 amended by section 1111(c) of this title) shall be ad14 ministered as though such section reads as follows: 

15 ‘‘The Secretary may not make a contribution to a 

16 regularly assessed biennial budget of the United Na17 tions in an amount greater than 11 percent of the 

18 amount calculable under subsection (c).’’. 

19 (4) SECTION 11(D)(3) OF UNITED NATIONS PAR20 TICIPATION ACT OF 1945.— 

21 (A) SPECIAL RULE.—A certification under 

22 subsection (d)(3) of section 11 of the United 

23 Nations Participation Act of 1945 (as amended 

24 by section 1111(c) of this title) (relating to the 

25 2008–2009 biennial period and subsequent bi-
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1 ennial periods) shall not be required until such 

2 time as the United Nations makes its formal 

3 budget presentation for the 2008–2009 biennial 

4 period. 

5 (B) APPLICATION.—If the Secretary does 

6 not submit a certification under such section, 

7 the 50 percent withholding described under 

8 paragraph (1) shall apply. 

9 (c) RELEASE OF FUNDS.—At such time as all certifi10 cations (or alternate certifications) are submitted in ac11 cordance with subsection (a), the United States shall 

12 transfer to the United Nations amounts appropriated but 

13 withheld from expenditure under subsection (b). 

14 (d) ANNUAL REVIEWS.— 

15 (1) IN GENERAL.—The Secretary shall conduct 

16 annual reviews, beginning one year after the date on 

17 which the Secretary submits the final certification 

18 (or alternate certification) in accordance with sub19 section (a), to determine if the United Nations con20 tinues to remain in compliance with all such certifi21 cations (or alternate certifications). Not later than 

22 30 days after the completion of each such review, 

23 the Secretary shall submit to the appropriate con24 gressional committees a report containing the find25 ings of each such review. 
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1 (2) ACTION.—If during the course of any such 

2 review the Secretary determines that the United Na3 tions has failed to remain in compliance with a cer4 tification (or an alternate certification) that was 

5 submitted in accordance with subsection (a), the 50 

6 percent withholding described under subsection (b) 

7 shall re-apply with respect to United States con8 tributions each fiscal year to the regular assessed 

9 budget of the United Nations beginning with the fis10 cal year immediately following such review and sub11 sequent fiscal years until such time as all certifi12 cations (or alternate certifications) under subsection 

13 (a) have been submitted. 

14 (e) EFFECTIVE DATE.—The certifications (or alter15 nate certifications) specified under subsection (a) shall be 

16 required with respect to United States contributions to17 wards payment of regular assessed dues of the United Na18 tions for 2007 and subsequent years. 

19 TITLE XIII—OPENING DOORS 

20 FOR FOREIGN STUDENTS 

21 SEC. 1301. SHORT TITLE. 

22 This title may be cited as the ‘‘Opening Doors for 

23 Foreign Students Act of 2005’’. 

24 SEC. 1302. FINDINGS. 

25 Congress finds the following: 
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1 (1) Opening doors to well-intentioned foreign 

2 students and exchange visitors has wide-ranging 

3 benefits to the United States. 

4 (2) Upon their return to their countries of ori5 gin, foreign students and exchange visitors dissemi6 nate the core values of the United States as they re7 late their positive experiences with the democratic 

8 form of governance, the dynamic multicultural soci9 ety, and the entrepreneurial spirit of the United 

10 States. 

11 (3) The United States earns approximately 

12 $13,000,000,000 a year in tuition and living ex13 penses paid by foreign students, making higher edu14 cation the United States’ fifth largest service export. 

15 (4) Since the terrorist attacks on America on 

16 September 11, 2001, the United States institutions 

17 of higher education and nongovernmental exchange 

18 sponsors have faced great challenges in retaining 

19 their competitive position in the market for foreign 

20 students. 

21 (A) During the 2002–2003 academic year, 

22 the first year after the 9/11 attacks, the growth 

23 of overall international student enrollment in 

24 the United States slowed to 0.6 percent after 

25 having increased by 6.4 percent in the two pre-
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1 vious academic years. During the 2003–2004 

2 academic year, according to the Institute of 

3 International Education, the number of inter4 national students studying in the United States 

5 declined 2.4 percent to 572,509. This was the 

6 first overall decline in international students 

7 studying in the United States since the 1971– 

8 72 school year. 

9 (B) Community Colleges have been par10 ticularly hard-hit by overall declines in enroll11 ments of foreign students. During the 2003– 

12 2004 academic year, the number of foreign stu13 dents enrolled a public two-year schools fell by 

14 10 percent, according to the Institute of Inter15 national Education. 

16 (5) Some foreign students have expressed anx17 iety and alarm about the new visa processes. A sur18 vey conducted in 2004 at the University of Cali19 fornia of 1,700 foreign students found that 60 per20 cent reported that they had to endure ‘‘unreasonable 

21 delays’’ to obtain student visas. 

22 (6) Competitors in the marketplace for higher 

23 education, including Canada, Australia, New Zea24 land, Germany and the United Kingdom, are aggres-
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1 sively recruiting students to take advantage of 

2 changed perceptions of the United States. 

3 (7) If the United States is to regain its com4 petitive advantage in attracting foreign students and 

5 exchange visitors, it will be essential for the Depart6 ment of State to work to ensure that new visa proce7 dures are administered in the most efficient and 

8 user-friendly possible manner. Furthermore the De9 partment must continue to engage in public outreach 

10 designed to dispel negative perceptions about study 

11 in the United States. 

12 SEC. 1303. DEVELOPMENT OF A COMPREHENSIVE STRAT13 EGY TO ATTRACT FOREIGN STUDENTS TO 

14 STUDY IN THE UNITED STATES. 

15 (a) DEVELOPMENT OF STRATEGY.—Not later than 

16 one year after the date of the enactment of this Act, the 

17 Secretary of State, in consultation with the Secretary of 

18 Homeland Security, the Secretary of Education, and the 

19 Secretary of Commerce, shall develop a comprehensive 

20 strategy to counter widespread perceptions among foreign 

21 students that the United States no longer welcomes them 

22 to study in the United States or to participate in exchange 

23 programs, and to increase applications by foreign students 

24 to come to the United States for study and exchange. Not 

25 later than 180 days after the date of the enactment of 
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1 this Act, the Secretary shall submit to the appropriate 

2 congressional committees a written account of this strat3 egy. 

4 (b) CONSULTATIONS WITH STAKEHOLDERS.—Begin5 ning not later than 180 days after date of the enactment 

6 of this Act, the Secretary of State shall undertake annual 

7 consultations with individuals and organizations involved 

8 in international education, including consultations with 

9 nongovernmental institutions concerned with the recruit10 ment of foreign students to the United States; officials 

11 from United States educational institutions concerned 

12 with the recruitment of foreign students, foreign student 

13 representatives, nongovernmental organizations des14 ignated by the Department of State as sponsors in the 

15 Exchange Visitor Program, and other concerned parties 

16 for the purpose of discussing and seeking input on the 

17 development of the comprehensive strategy described in 

18 subsection (a). 

19 SEC. 1304. IDENTIFICATION OF PRIORITY MISSIONS AND 

20 MISSIONS EMPLOYING BEST PRACTICES FOR 

21 ATTRACTING STUDENT VISA APPLICANTS. 

22 (a) REVIEW OF STUDENT VISA APPLICATIONS.—The 

23 Secretary of State shall review the application and 

24 issuance rates for F–1 and J–1 nonimmigrant visas 

25 (issued under subparagraphs (F) and (J) of section 
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1 101(a)(15) of the Immigration and Nationality Act (8 

2 U.S.C. 1101(a)(15)) at every diplomatic or consular mis3 sion of the United States providing consular services. Such 

4 review shall encompass the five-year period immediately 

5 preceding the date of the enactment of this Act and shall 

6 be used to identify missions that have experienced signifi7 cant declines in such visa applications, the issuance of 

8 such visas, or both, and shall also identify diplomatic or 

9 consular missions that have experienced recovery in the 

10 rate of such applications or such issuances after experi11 encing significant declines in such applications, such 

12 issuances, or both. 

13 (b) OBTAINING INFORMATION ON BEST PRACTICES

14 FOR GAINING INCREASES.—Upon identifying diplomatic 

15 or consular missions that have experienced recoveries in 

16 the rates of such visa applications, issuances, or both, the 

17 Secretary shall direct the chiefs of mission of such mis18 sions to submit to the Secretary a report concerning con19 sular, public diplomacy, public outreach, or other practices 

20 that may have contributed to such recoveries. 

21 (c) CORRECTIVE MEASURES.—Upon identifying dip22 lomatic or consular missions in key foreign policy coun23 tries that have suffered significant declines in the rates 

24 of such applications, issuances, or both without experi25 encing recovery in either or both of such rates in accord-
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1 ance with the review required under subsection (a), the 

2 Secretary shall direct the chiefs of mission of such mis3 sions to develop a plan appropriate to each such mission 

4 to attract additional F–1 and J–1 visa applicants and to 

5 address any inefficiencies in processing visa applications 

6 specific to each such mission. 

7 (d) REPORT.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of the enactment of this Act, and one 

10 year thereafter, the Secretary shall submit to the ap11 propriate congressional committees a report con12 cerning trends in the application and issuance rates 

13 for F–1 and J–1 visas at all diplomatic and consular 

14 missions of the United States providing consular 

15 services. 

16 (2) REPORT ELEMENTS.— 

17 (A) STATISTICAL INFORMATION.—The 

18 first report submitted pursuant to this section 

19 shall contain data from the five-year period im20 mediately preceding the date of the enactment 

21 of this Act. The second report shall contain up22 dated data covering the calendar year preceding 

23 the issuance of the report and comparisons with 

24 previous data. 
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1 (B) BEST PRACTICES.—Each report shall 

2 contain a ‘‘Best Practices’’ section identifying 

3 diplomatic or consular missions that have expe4 rienced a recovery in the rates of such applica5 tions, such issuances, or both after experiencing 

6 declines in the rates for such applications, such 

7 issuances, or both. For each diplomatic or con8 sular mission so identified, the report shall in9 clude post activities that may have contributed 

10 to such recovery. 

11 (C) PRIORITY POSTS.—Each report shall 

12 also contain a section entitled ‘‘Priority Posts’’ 

13 that identifies critical diplomatic and consular 

14 missions from key foreign policy countries that 

15 have experienced declines in the rates of such 

16 applications, such issuances, or both without ex17 periencing a significant recovery in any of such 

18 rates. For each diplomatic or consular mission 

19 so identified, the report shall contain an action 

20 plan that describes new initiatives, such as con21 sular services, public diplomacy, and public out22 reach, that are designed to improve the rates of 

23 such applications and such issuances. 
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1 SEC. 1305. ENHANCED TRAINING IN PROCESSING AND FA2 CILITATING STUDENT VISAS. 

3 (a) TRAINING PROGRAMS.—Chapter 7 of the Foreign 

4 Service Act of 1980 (22 U.S.C. 3901 et seq.) (relating 

5 to career development, training, and orientation) is 

6 amended by adding at the end the following new section: 

7 ‘‘SEC. 708. TRAINING IN PROCESSING AND FACILITATING 

8 VISA APPLICATIONS FOR STUDENTS AND EX9 CHANGE VISITORS FOR STUDY IN THE 

10 UNITED STATES. 

11 ‘‘The Secretary shall establish a training program for 

12 members of the Service who have responsibilities related 

13 to the issuance of visas to prepare such members for the 

14 unique challenges that visa applicants face in completing 

15 the F–1 and J–1 nonimmigrant visa application process 

16 and to provide such members with proven tools, including 

17 in the area of consular services, public diplomacy, outreach 

18 to non-governmental institutions and educational institu19 tions, and public outreach to combat perceptions that the 

20 United States is no longer a welcoming place for foreign 

21 citizens to study or to participate in exchange programs.’’. 
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1 SEC. 1306. ENHANCED DIPLOMATIC EFFORTS TO NEGO2 TIATE FAVORABLE RECIPROCAL AGREE3 MENTS WITH FOREIGN GOVERNMENTS CON4 CERNING STUDENT VISA TERM LIMITS. 

5 The Secretary of State should undertake a sustained 

6 diplomatic dialogue with key foreign governments, includ7 ing the Government of the People’s Republic of China and 

8 the Government of the Russian Federation, aimed at re9 negotiating the terms of existing reciprocal agreements to 

10 provide for extended validity of student and exchange visas 

11 in order to reduce the need for frequent renewals of F– 

12 1 and J–1 nonimmigrant visas by foreign students. 

13 TITLE XIV—MISCELLANEOUS 

14 PROVISIONS 

15 Subtitle A—General Provisions 

16 SEC. 1401. STATEMENT OF POLICY RELATING TO DEMOC17 RACY IN IRAN. 

18 (a) FINDINGS.—Congress finds the following: 

19 (1) Iran is neither free nor democratic. Men 

20 and women are not treated equally in Iran, women 

21 are legally deprived of internationally recognized 

22 human rights, and religious freedom is not respected 

23 under the laws of Iran. Undemocratic institutions, 

24 such as the Guardians Council, thwart the decisions 

25 of elected leaders. 
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1 (2) The April 2005 report of the Department of 

2 State states that Iran remained the most active 

3 state sponsor of terrorism in 2004. 

4 (3) That report also states that Iran continues 

5 to provide funding, safe-haven, training, and weap6 ons to known terrorist groups, including Hizballah, 

7 Hamas, the Palestine Islamic Jihad, al-Aqsa Mar8 tyrs Brigade, and the Popular Front for the Libera9 tion of Palestine, and has harbored senior members 

10 of al-Qaeda. 

11 (b) POLICY.—It is the policy of the United States 

12 that— 

13 (1) currently, there is not a free and fully 

14 democratic government in Iran; 

15 (2) the United States supports transparent, full 

16 democracy in Iran; 

17 (3) the United States supports the rights of the 

18 Iranian people to choose their system of government; 

19 and 

20 (4) the United States condemns the brutal 

21 treatment, imprisonment, and torture of Iranian ci22 vilians who express political dissent. 

23 SEC. 1402. IRANIAN NUCLEAR ACTIVITIES. 

24 (a) FINDINGS.—Congress finds the following: 
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1 (1) Iran remains the world’s leading sponsors of 

2 international terrorism and is on the Department of 

3 State’s list of countries that provide support for acts 

4 of international terrorism. 

5 (2) Iran has repeatedly called for the destruc6 tion of Israel, and Iran supports organizations, such 

7 as Hizballah, Hamas, and the Palestine Islamic 

8 Jihad, that deny Israel’s right to exist and are re9 sponsible for terrorist attacks against Israel. 

10 (3) The Ministry of Defense of the Government 

11 of Iran confirmed in July 2003 that it had success12 fully conducted the final test of the Shahab-3 mis13 sile, giving Iran an operational intermediate-range 

14 ballistic missile capable of striking both Israel and 

15 United States troops throughout the Middle East 

16 and Afghanistan. 

17 (4) Inspections by the International Atomic En18 ergy Agency (IAEA) in Iran have revealed signifi19 cant undeclared activities, including plutonium re20 processing efforts. 

21 (5) Plutonium reprocessing is a necessary step 

22 in a nuclear weapons program that uses plutonium 

23 created in a reactor. 

24 (6) Iran continues to assert its right to pursue 

25 nuclear power and related technology, continues con-
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1 structing a heavy water reactor that is ideal for 

2 making plutonium for weapons, and has not fully co3 operated with the ongoing investigation by the IAEA 

4 of its nuclear activities. 

5 (7) The United States has publicly opposed the 

6 completion of reactors at the Bushehr nuclear power 

7 plant because the transfer of civilian nuclear tech8 nology and training could help to advance Iran’s nu9 clear weapons program. 

10 (8) Russia, in spite of strong international con11 cern that Iran intended to use civilian nuclear en12 ergy plants to develop nuclear weapons, provided 

13 Iran with support to complete the Bushehr nuclear 

14 facility. 

15 (9) Russia intends to begin supplying the 

16 Bushehr nuclear facility with fuel in June 2005, and 

17 the Bushehr nuclear plant is expected to begin oper18 ation at the beginning of 2006. 

19 (10) The Iranian parliament has ratified a bill 

20 supporting the construction of 20 new nuclear power 

21 plants. 

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that— 
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1 (1) Russia’s provision of assistance to Iran on 

2 the Bushehr nuclear reactor is inconsistent with the 

3 nonproliferation goals of the United States; 

4 (2) Iran’s stated plans to construct 20 new nu5 clear facilities and its development of nuclear tech6 nologies, coupled with acknowledged and 

7 unacknowledged ties to terrorist groups, constitute a 

8 threat to global peace and security; and 

9 (3) the national security interests of the United 

10 States will best be served if the United States devel11 ops and implements a long-term strategy to halt all 

12 foreign nuclear cooperation with Iran. 

13 (c) STATEMENT OF CONGRESS.—Congress calls upon 

14 the leaders of the governments of the G–8 to— 

15 (1) insist that the Government of Russia termi16 nate all assistance, including fuel shipments, to the 

17 Bushehr nuclear facility in Iran; and 

18 (2) condition Russia’s continued membership in 

19 the G–8 on Russia’s termination of all assistance, 

20 including fuel shipments, to the Bushehr facility and 

21 to any other nuclear plants in Iran. 

22 SEC. 1403. LOCATION OF INTERNATIONAL INSTITUTIONS IN 

23 AFRICA. 

24 (a) STATEMENT OF CONGRESS.—Congress declares 

25 that, for the purpose of maintaining regional balances with 
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1 respect to the location of international organizations and 

2 institutions in Africa, such organizations or institutions, 

3 such as the African Development Bank, that move their 

4 headquarters offices from their original locations for rea5 sons of security should return once those security issues 

6 have been resolved or should relocate to another country 

7 in the region in which the organization or institution was 

8 originally headquartered. 

9 (b) CONSULTATIONS REGARDING RETURN.—The 

10 Secretary of State is authorized to begin consultations 

11 with appropriate parties to determine the feasibility of re12 turning such organizations and institutions to the regions 

13 in which they were originally headquartered. 

14 SEC. 1404. BENJAMIN GILMAN INTERNATIONAL SCHOLAR15 SHIP PROGRAM. 

16 Section 305 of the International Academic Oppor17 tunity Act of 2000, (title III of the Microenterprise for 

18 Self-Reliance and International Anti-Corruption Act of 

19 2000) (Public Law 106–309; 22 U.S.C. 2462 note) is 

20 amended by striking ‘‘$1,500,000’’ and inserting 

21 ‘‘$4,000,000’’. 

22 SEC. 1405. PROHIBITION ON COMMEMORATIONS RELATING 

23 TO LEADERS OF IMPERIAL JAPAN. 

24 The Department of State, both in Washington and 

25 at United States diplomatic missions and facilities in for-
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1 eign countries, shall not engage in any activity, including 

2 the celebration of the recently enacted Showa holiday, 

3 which may, in any manner, serve to commemorate or be 

4 construed as serving to commemorate leaders of Imperial 

5 Japan who were connected to the attack on the United 

6 States Fleet at Pearl Harbor, Oahu, Hawaii, on December 

7 7, 1941. 

8 SEC. 1406. UNITED STATES POLICY REGARDING WORLD 

9 BANK GROUP LOANS TO IRAN. 

10 (a) UNITED STATES POLICY.—The Secretary of 

11 State, in consultation with the Secretary of the Treasury, 

12 shall work to secure the support of the governments of 

13 countries represented on the decisionmaking boards and 

14 councils of the international financial institutions of the 

15 World Bank Group to oppose any further activity in Iran 

16 by the international financial institutions of the World 

17 Bank Group until Iran abandons its program to develop 

18 nuclear weapons. 

19 (b) NOTIFICATION.—Not later than 30 days after the 

20 Secretary initiates efforts to carry out subsection (a), the 

21 Secretary shall notify the appropriate congressional com22 mittees of such efforts. 

23 (c) WORLD BANK GROUP DEFINED.—As used in this 

24 section, the term ‘‘World Bank Group’’ means the Inter25 national Bank for Reconstruction and Development, the 
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1 International Development Association, the International 

2 Financial Corporation, and the Multilateral Investment 

3 Guaranty Agency. 

4 SEC. 1407. STATEMENT OF POLICY REGARDING SUPPORT 

5 FOR SECI REGIONAL CENTER FOR COM6 BATING TRANS-BORDER CRIME. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The Southeast European Cooperative Initia9 tive (SECI) Regional Center for Combating Trans10 Border Crime, located in Bucharest, Romania, is 

11 composed of police and customs officers from each 

12 of the 12 member states of SECI: Albania, Bosnia 

13 and Herzegovina, Bulgaria, Croatia, Greece, Hun14 gary, Macedonia, Moldova, Romania, Slovenia, Ser15 bia and Montenegro and Turkey. 

16 (2) The SECI Regional Center supports joint 

17 trans-border crime fighting efforts through the es18 tablishment of task forces, including task forces re19 lating to trafficking in human beings, anti-drugs, fi20 nancial and computer crimes, stolen vehicles, anti21 smuggling and anti-fraud, and terrorism. 

22 (b) STATEMENT OF POLICY.—It is the policy of the 

23 United States to continue to support the activities of the 

24 SECI Regional Center for Combating Trans-border 

25 Crime. 
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1 SEC. 1408. STATEMENT OF POLICY URGING TURKEY TO RE2 SPECT THE RIGHTS AND RELIGIOUS FREE3 DOMS OF THE ECUMENICAL PATRIARCH. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) Turkey is scheduled to begin accession ne6 gotiations with the European Union on October 3, 

7 2005. 

8 (2) In 1993 the European Union defined the 

9 membership criteria for accession to the European 

10 Union at the Copenhagen European Council, obli11 gating candidate countries to have achieved certain 

12 levels of reform, including stability of institutions 

13 guaranteeing democracy, the rule of law, and human 

14 rights, and respect for and protection of minorities. 

15 (3) The Government of Turkey refuses to rec16 ognize the Ecumenical Patriarch’s international sta17 tus. 

18 (4) The Government of Turkey has limited to 

19 Turkish nationals the candidates available to the 

20 Holy Synod for selection as the Ecumenical Patri21 arch and has refused to reopen the Theological 

22 School at Halki, thus impeding training for the cler23 gy. 

24 (b) STATEMENT OF POLICY.—Congress— 
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1 (1) calls on Turkey to continue to demonstrate 

2 its willingness to adopt and uphold European stand3 ards for the protection of human rights; 

4 (2) based on the ideals associated with the Eu5 ropean Union and its member states, calls on Tur6 key to eliminate all forms of discrimination, particu7 larly those based on race or religion, and imme8 diately— 

9 (A) grant the Ecumenical Patriarch appro10 priate international recognition and ecclesiastic 

11 succession; 

12 (B) grant the Ecumenical Patriarchate the 

13 right to train clergy of all nationalities, not just 

14 Turkish nationals; and 

15 (C) respect property rights and human 

16 rights of the Ecumenical Patriarchate; and 

17 (3) calls on Turkey to pledge to uphold and 

18 safeguard religious and human rights without com19 promise. 

20 SEC. 1409. STATEMENT OF POLICY REGARDING THE MUR21 DER OF UNITED STATES CITIZEN JOHN M. 

22 ALVIS. 

23 (a) FINDINGS.—Congress finds the following: 
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1 (1) On November 30, 2000, United States cit2 izen John M. Alvis was brutally murdered in Baku, 

3 Azerbaijan. 

4 (2) John M. Alvis was serving his final two 

5 weeks of a two year full-time commitment to the 

6 International Republican Institute, a United States 

7 nongovernmental organization carrying out assist8 ance projects for the Government of the United 

9 States to help promote democracy and strengthen 

10 the rule of law in Azerbaijan. 

11 (3) The United States is committed to ensuring 

12 that the truth of the murder of John M. Alvis is de13 termined and the individual or individuals who are 

14 responsible for this heinous act are brought to jus15 tice. 

16 (b) STATEMENT OF POLICY.—Congress— 

17 (1) appreciates the efforts of the Government of 

18 Azerbaijan to find the individual or individuals who 

19 are responsible for the murder of United States cit20 izen John M. Alvis and urges the Government of 

21 Azerbaijan to continue to make these efforts a high 

22 priority; and 

23 (2) urges the Secretary of State to continue to 

24 raise the issue of the murder of United States cit25 izen John M. Alvis with the Government of Azer-
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1 baijan and to make this issue a priority in relations 

2 between the Government of the United States and 

3 the Government of Azerbaijan. 

4 SEC. 1410. STATEMENT OF CONGRESS AND POLICY WITH 

5 RESPECT TO THE DISENFRANCHISEMENT OF 

6 WOMEN. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Following the May 16, 2005, decision of the 

9 Kuwaiti parliament to enfranchise its female citi10 zens, Saudi Arabia is now the only country in world 

11 that restricts the franchise and the right to hold 

12 elected office to men only. 

13 (2) Only men were allowed to vote and run for 

14 office in Saudi Arabia’s municipal elections held ear15 lier this year, the first elections of any kind that 

16 Saudi Arabia has held since 1963. 

17 (b) STATEMENTS OF CONGRESS.—Congress— 

18 (1) strongly condemns the disenfranchisement 

19 of women, including restrictions that prevent women 

20 from holding office; and 

21 (2) calls on the Government of Saudi Arabia to, 

22 at the earliest possible time, promulgate a law that 

23 grants women the right to vote and to run for office 

24 in all future Saudi elections, whether local, provin25 cial, or national. 
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1 (c) POLICY.—The President is encouraged to take 

2 such action as the President considers appropriate, includ3 ing a downgrading of diplomatic relations, to encourage 

4 countries that disenfranchise only women to grant women 

5 the rights to vote and hold office. 

6 SEC. 1411. ACQUISITION OF MARITIME REFUELING SUP7 PORT VESSEL FOR UNITED STATES DRUG 

8 INTERDICTION EFFORTS IN THE EASTERN 

9 PACIFIC MARITIME TRANSIT ZONE. 

10 (a) FINDINGS.—Congress finds the following: 

11 (1) The Department of Defense and Depart12 ment of Homeland Security report that narcotics 

13 smuggling organizations continue to avoid United 

14 States drug interdiction efforts by transiting deep 

15 into the Eastern Pacific, well beyond the capabilities 

16 of United States ships. 

17 (2) Drug trafficking organizations have already 

18 adapted to these long transit routes by employing 

19 logistical support vessels (LSVs) to refuel drug laden 

20 boats on the high seas. 

21 (3) United States drug interdiction forces cur22 rently do not have this at-sea refueling capability. 

23 (4) On June 29, 2005, the Subcommittee on 

24 Criminal Justice, Drug Policy and Human Re25 sources of the Committee on Government Reform of 
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1 the House of Representatives held a hearing entitled 

2 ‘‘Interrupting Narco-Terrorist Threats on the High 

3 Seas: Do We Have Enough Wind in Our Sails?’’. 

4 (5) During the hearing, the acting United 

5 States Interdiction Coordinator (USIC), Ralph 

6 Utley, spoke of the substantial benefits to be gained 

7 if a maritime ‘‘oiler’’ ship were employed to support 

8 interdiction activities in the Eastern Pacific mari9 time transit zone. 

10 (6) The Subcommittee was very interested to 

11 see that all witnesses representing the Department 

12 of Defense, the Office of National Drug Control Pol13 icy (ONDCP), the United States Coast Guard, Cus14 toms and Border Protection, and the Drug Enforce15 ment Administration testified that they believe the 

16 employment of a maritime oiler vessel would be an 

17 immediate improvement to United States interdic18 tion operations in the transit zone. 

19 (7) On any given day, United States and Allied 

20 forces seize an average of 100 kilograms of cocaine 

21 per ship when patrolling in the Eastern Pacific mar22 itime transit zone. 

23 (8) Each year, the United States Coast Guard 

24 estimates it loses 100 ‘‘ship-days’’ due to lengthy re25 fueling trips to Central and South American coun-
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1 tries. The United States Navy also faces similar re2 fueling challenges. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated $25,000,000 for fiscal 

5 year 2006 and $25,000,000 for fiscal year 2007 for the 

6 Bureau for International Narcotics and Law Enforcement 

7 Affairs (INL) of the Department of State to purchase or 

8 lease a maritime refueling support vessel that is capable 

9 of refueling United States and allied warships and vessels 

10 employed in support of United States drug interdiction 

11 duties in the Eastern Pacific maritime transit zone. 

12 SEC. 1412. STATEMENT OF POLICY RELATING TO INTER13 NATIONAL TAXATION. 

14 (a) POLICY.—It is the policy of the United States to 

15 use the voice, vote, and influence of the United States to 

16 vigorously oppose any international or global tax that is 

17 or may be considered or promoted by the United Nations, 

18 its specialized or affiliated agencies, its Member States, 

19 or United Nations-recognized nongovernmental organiza20 tions. 

21 (b) EFFORTS.—United States representatives at the 

22 United Nations shall— 

23 (1) use the voice, vote, and influence of the 

24 United States to vigorously oppose any effort by the 

25 United Nations or any of its specialized or affiliated 
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1 agencies to fund, approve, advocate, or promote any 

2 proposal concerning the imposition of a tax or fee on 

3 any United States person in order to raise revenue 

4 for the United Nations or any such agency; and 

5 (2) declare that a United States person shall 

6 not be subject to any international tax and shall not 

7 be required to pay such tax if such tax is levied 

8 against such person. 

9 (c) EXCEPTION.—The policy described in subsection 

10 (a) shall not apply to fees for publications or other kinds 

11 of fees that are not tantamount to a tax on a United 

12 States person. 

13 (d) PERSON DEFINED.—For purposes of this section, 

14 the term ‘‘person’’ has the meaning given such term in 

15 section 7701(a)(1) of the Internal Revenue Code of 1986 

16 (26 U.S.C. 7701(a)(1)). 

17 SEC. 1413. DECLARATION OF HEADS OF STATE OF THE 

18 SHANGHAI COOPERATION ORGANIZATION. 

19 (a) FINDINGS.—Congress finds the following: 

20 (1) The Shanghai Cooperation Organization 

21 (SCO) is made up of Kazakhstan, Kyrgyzstan, the 

22 People’s Republic of China, Russia, Tajikistan, and 

23 Uzbekistan. 
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1 (2) al Qaeda and Taliban fighters remain active 

2 in Afghanistan and antiterrorist operations led by 

3 the international coalition are still ongoing. 

4 (3) The Heads of State of the SCO declared 

5 that they supported the Global War on Terrorism 

6 and would strengthen their efforts to combat and 

7 prevent terrorism. 

8 (4) The Heads of State of the SCO called for 

9 the relevant State parties of the anti-terrorist coali10 tion to set a deadline for the temporary use of the 

11 infrastructure facilities of the SCO Member States 

12 and for their military presence in these countries. 

13 (b) STATEMENT OF CONGRESS.—Congress— 

14 (1) commends the Heads of State of the SCO 

15 for their declaration of support of the Global War on 

16 Terrorism and for strengthening their efforts to 

17 combat and prevent terrorism; 

18 (2) commends the support of the anti-terrorist 

19 efforts of the international coalition in Afghanistan; 

20 (3) expresses its concern about language in the 

21 declaration of the Heads of State of the SCO calling 

22 for the relevant State parties of the anti-terrorist co23 alition to set a deadline for the temporary use of the 

24 infrastructure facilities of the SCO Member States 
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1 and for their military presence in these countries; 

2 and 

3 (4) calls on the President, the Secretary of 

4 State, and the Secretary of Defense to open a dia5 logue with the appropriate Member States in the 

6 SCO concerning the importance of the use of bases 

7 in the SCO Member States and report to Congress 

8 on the outcome of such dialogue. 

9 SEC. 1414. PREVENTION OF SMUGGLING OF METHAMPHET10 AMINE INTO THE UNITED STATES FROM MEX11 ICO. 

12 (a) IN GENERAL.—The Secretary of State, acting 

13 through the Assistant Secretary of the Bureau for Inter14 national Narcotics and Law Enforcement Affairs, shall 

15 take such actions as are necessary to prevent the smug16 gling of methamphetamine into the United States from 

17 Mexico. 

18 (b) SPECIFIC ACTIONS.—In carrying out subsection 

19 (a), the Secretary shall— 

20 (1) improve bilateral efforts at the United 

21 States-Mexico border to prevent the smuggling of 

22 methamphetamine into the United States from Mex23 ico; 

24 (2) seek to work with Mexican law enforcement 

25 authorities to improve the ability of such authorities 
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1 to combat the production and trafficking of meth2 amphetamine, including by providing equipment and 

3 technical assistance, as appropriate; and 

4 (3) encourage the Government of Mexico to 

5 take immediate action to reduce the diversion of 

6 pseudoephedrine by drug trafficking organizations 

7 for the production and trafficking of methamphet8 amine. 

9 (c) REPORT.—Not later than one year after the date 

10 of the enactment of this Act, and annually thereafter, the 

11 Secretary shall submit to the appropriate congressional 

12 committees a report on the implementation of this section 

13 for the prior year. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Secretary to carry 

16 out this section not less than $4,000,000 for each of the 

17 fiscal years 2006 and 2007. 

18 SEC. 1415. STATEMENT OF POLICY REGARDING THE AT19 TACKS ON UNITED STATES CITIZENS BY PAL20 ESTINIAN TERRORISTS. 

21 (a) FINDINGS.—Congress finds the following: 

22 (1) Since the late Yasser Arafat renounced vio23 lence in the Oslo Peace Accords on September 13, 

24 1993, at least 53 United States citizens, including 
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1 one unborn child, have been murdered by Pales2 tinian terrorists. 

3 (2) On December 1, 1993, in a drive-by shoot4 ing north of Jerusalem, Hamas killed United States 

5 citizen Yitzhak Weinstock, 19, whose family came 

6 from Los Angeles. 

7 (3) On October 9, 1994, Hamas kidnapped and 

8 murdered United States citizen Nachshon 

9 Wachsman, 19, whose family came from New York 

10 City. 

11 (4) On April 9, 1995, an Islamic Jihad bomb 

12 attack on a bus near Kfar Darom killed United 

13 States citizen Alisa Flatow, 20, from West Orange, 

14 New Jersey. 

15 (5) On August 21, 1995, in a Hamas bus 

16 bombing in Jerusalem, United States citizen Joan 

17 Davenny, from New Haven, Connecticut, was killed. 

18 (6) On September 9, 1995, Mara Frey of Chi19 cago was stabbed in Ma‘‘ale Michmash resulting in 

20 her unborn child’’s death. 

21 (7) On February 25, 1996, three United States 

22 citizens, Sara Duker of Teaneck, New Jersey, Mat23 thew Eisenfeld of West Hartford, Connecticut, and 

24 Ira Weinstein of New York City, were killed in a 

25 Hamas bus bombing in Jerusalem. 
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1 (8) On May 13, 1996, United States citizen 

2 David Boim, 17, of New York City, was killed in a 

3 drive-by shooting near Beit El, north of Jerusalem. 

4 (9) On June 9, 1996, United States citizen 

5 Yaron Ungar was killed in a drive-by shooting near 

6 Beit Shemesh. 

7 (10) On July 30, 1997, United States citizen 

8 Leah Stern of Passaic, New Jersey, was killed in a 

9 Hamas bombing in Jerusalem’s Mahane Yehuda 

10 market. 

11 (11) On September 4, 1997, a Hamas bombing 

12 on Ben-Yehuda Street, Jerusalem, killed Yael 

13 Botwin, 14, of Los Angeles. 

14 (12) On April 19, 1998, an attack near the 

15 Israeli town of Maon killed United States citizen 

16 Dov Dribben, 28. 

17 (13) On October 8, 2000, Rabbi Hillel 

18 Lieberman, 36, of New York City, was stabbed and 

19 killed near Nablus. 

20 (14) On October 30, 2000, United States cit21 izen Esh-Kodesh Gilmore, 25, was shot in Jeru22 salem. 

23 (15) On December 31, 2000, Rabbi Binyamin 

24 Kahane, 34, and his wife, Talia Hertzlich Kahane, 
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1 both formerly of New York City, were killed in a 

2 drive-by shooting near Ofra. 

3 (16) On May 9, 2001, Jacob ‘‘Koby’’ Mandell, 

4 13, of Silver Spring, Maryland, was killed in an at5 tack near Tekoah. 

6 (17) On May 29, 2001, Sarah Blaustein, 53, of 

7 Lawrence, New York, was killed in a drive-by shoot8 ing near Efrat. 

9 (18) On August 9, 2001, two United States 

10 citizens, Judith L. Greenbaum, 31, and Malka Roth, 

11 15, were killed in the Jerusalem Sbarro pizzeria 

12 bombing. 

13 (19) On November 4, 2001, Shoshana Ben14 Yishai, 16, of New York City, was shot and killed 

15 during an attack on a Jerusalem bus. 

16 (20) On January 15, 2002, Avraham Boaz, 72, 

17 of New York City, was killed in a shooting near 

18 Bethlehem. 

19 (21) On January 18, 2002, United States cit20 izen Aaron Elis, 32, was killed in a shooting in 

21 Hadera. 

22 (22) On February 8, 2002, United States cit23 izen Moranne Amit, 25, was killed in a stabbing in 

24 Abu Tor Peace Forest, Jerusalem. 
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1 (23) On February 15, 2002, United States cit2 izen Lee Akunis, was shot and killed near Ramallah. 

3 (24) On February 16, 2002, Keren Shatsky, 

4 14, of New York City and Maine, and Rachel 

5 Thaler, 16, of Baltimore, Maryland, were killed in a 

6 bombing in Karnei Shomron. 

7 (25) On March 24, 2002, Esther Kleinman, 23, 

8 formerly of Chicago, was shot and killed near Ofra. 

9 (26) On March 27, 2002, United States citizen 

10 Hannah Rogen, 90, was killed in a bombing at a 

11 hotel Passover seder in Netanya. 

12 (27) On June 18, 2002, Moshe Gottlieb, 70, of 

13 Los Angeles, was killed in a bus bombing in Jeru14 salem. 

15 (28) On June 19, 2002, United States citizen 

16 Gila Sara Kessler, 19, was killed in a bombing at a 

17 Jerusalem bus stop. 

18 (29) On July 31, 2002, five United States citi19 zens were killed in a bombing of a Hebrew Univer20 sity cafeteria: Marla Bennett, 24, of San Diego, 

21 Benjamin Blutstein, 25, of Susquehanna Township, 

22 Pennsylvania, Janis Ruth Coulter, 36, of Massachu23 setts, David Gritz, 24, of Peru, Massachusetts (and 

24 of dual French-United States citizenship), and Dina 

25 Carter, 37, of North Carolina. 
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1 (30) On March 5, 2003, Abigail Leitel, 14, who 

2 was born in Lebanon, New Hampshire, died in a bus 

3 bombing in Haifa. 

4 (31) On March 7, 2003, a shooting occurred in 

5 the home of United States citizens Rabbi Eli Horo6 witz, 52, who grew up in Chicago, and Dina Horo7 witz, 50, who grew up in Florida, and both were 

8 killed. 

9 (32) On June 11, 2003, Alan Beer, 47, who 

10 grew up in Cleveland, was killed in a bus bombing 

11 in Jerusalem. 

12 (33) On June 20, 2003, a shooting attack on 

13 a car driving through the West Bank killed United 

14 States citizen Tzvi Goldstein, 47, who grew up in 

15 the State of New York. 

16 (34) On August 19, 2003, Mordechai Reinitz, 

17 49, Yitzhak Reinitz, 9, Tehilla Nathanson, 3, of 

18 Monsey, New York, Goldie Taubenfeld, 43, of New 

19 Square, New York, and Shmuel Taubenfeld, 3 

20 months, of New Square, New York, were killed in a 

21 homicide bombing on a bus in Jerusalem. 

22 (35) On September 9, 2003, a homicide bomber 

23 killed United States citizens David Applebaum, 51, 

24 originally of Cleveland, and Nava Applebaum, 20, 

25 originally of Cleveland, in a cafe in Jerusalem. 
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1 (36) On October 15, 2003, United States citi2 zens John Branchizio, 36, of San Antonio, Texas, 

3 John Martin Linde, Jr., 30, of Washington, Mis4 souri, and Mark T. Parson, 31, of the State of New 

5 York were killed in a car bombing in Gaza. 

6 (37) On September 24, 2004, a mortar strike 

7 on a housing community killed Tiferet Tratner, 24, 

8 a dual United States-Israeli citizen. 

9 (38) At least another 83 United States citizens 

10 have been injured in Palestinian terrorist attacks. 

11 (39) Palestinian terrorism continues to happen 

12 as demonstrated by the bombing in Tel Aviv on Feb13 ruary 25, 2005, despite the recent elections and a 

14 new sense of optimism in the region. 

15 (40) The United States is willing to continue to 

16 work with Palestinian leaders under the condition 

17 that the newly elected Palestinian leadership reject 

18 and take verifiable steps to prevent terrorism. 

19 (b) STATEMENT OF POLICY.—Congress— 

20 (1) condemns the attacks on United States citi21 zens by Palestinian terrorists and demands that the 

22 Palestinian Authority work with Israel to protect all 

23 innocent individuals, regardless of citizenship, from 

24 terrorist atrocities; and 
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1 (2) offers its condolences to the families and 

2 loved ones of United States citizens who were killed 

3 by Palestinian terrorist attacks. 

4 SEC. 1416. STATEMENT OF POLICY REGARDING TRANSFER 

5 OF CHARLES TAYLOR FOR TRIAL FOR WAR 

6 CRIMES. 

7 It shall be the policy of the United States Govern8 ment to seek the expeditious transfer of Charles Ghankay 

9 Taylor, former President of the Republic of Liberia, to the 

10 jurisdiction of the Special Court for Sierra Leone to un11 dergo a fair and open trial for war crimes, crimes against 

12 humanity, and other serious violations of international hu13 manitarian law. 

14 SEC. 1417. UNITED STATES COMMITMENT TO IRAQ. 

15 (a) FINDINGS.—Congress finds the following: 

16 (1) The men and women of the United States 

17 Armed Forces fighting in Iraq are serving with brav18 ery, distinction, and high morale. 

19 (2) The men and women of the United States 

20 Armed Forces fighting in Iraq need and deserve the 

21 full support of the American people. 

22 (3) The men and women of the United States 

23 Armed Forces fighting in Iraq are part of a large, 

24 multinational coalition, and are serving side-by-side 
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1 with Iraqi national forces who have been trained by 

2 that coalition. 

3 (4) Coalition and Iraqi forces, Iraqi civilians, 

4 foreign diplomats, and individuals from around the 

5 world who have come to the aid of the Iraqi people 

6 are under attack from terrorists who deliberately at7 tack children, worshippers, and law enforcement fig8 ures, attack civilians at random, sabotage essential 

9 services, and otherwise attempt to terrorize the Iraqi 

10 people, the American people, and the citizens of 

11 other coalition countries. 

12 (5) The terrorists will be emboldened to ‘‘wait 

13 out’’ the United States if a target date for with14 drawal is established and announced, especially if 

15 the terrorists perceive such withdrawal date has 

16 been established and announced as a result of their 

17 terrorist campaign against the coalition and the 

18 Iraqi people. 

19 (b) SENSE OF CONGRESS.— It is the sense of Con20 gress that— 

21 (1) given the nature of the adversary the 

22 United States and its coalition partners face in Iraq 

23 and the difficult conditions under which the United 

24 States Armed Forces, coalition forces, and Iraqi 

25 forces find themselves, calls for an early withdrawal 
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1 of United States and coalition forces are counter2 productive to security aims of the United States and 

3 the hopes of the Iraqi people; and 

4 (2) such calls for an early withdrawal embolden 

5 the terrorists and undermine the morale of the 

6 United States Armed Forces, coalition forces, and 

7 Iraqi forces, and put their security at risk. 

8 (c) POLICY.—It shall be the policy of the United 

9 States— 

10 (1) to pursue a transfer of responsibility for 

11 Iraqi security to Iraqi forces; and 

12 (2) not to withdraw prematurely the United 

13 States Armed Forces from Iraq, but to do so only 

14 when it is clear that United States national security 

15 and foreign policy goals relating to a free and stable 

16 Iraq have been or are about to be achieved. 

17 Subtitle B—Sense of Congress 

18 Provisions 

19 SEC. 1421. KOREAN FULBRIGHT PROGRAMS. 

20 It is the sense of Congress that Fulbright program 

21 activities for the Republic of Korea (commonly referred 

22 to as ‘‘South Korea’’) should— 

23 (1) include participation by students from 

24 throughout South Korea, including proportional rep25 resentation from areas outside of Seoul; 
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1 (2) attempt to include Korean students from a 

2 broad range of educational institutions, including 

3 schools other than elite universities; 

4 (3) broaden the Korean student emphasis be5 yond degree-seeking graduate students to include op6 portunities for one-year nondegree study at United 

7 States colleges and universities by pre-doctoral Ko8 rean students; and 

9 (4) include a significant number of Korean stu10 dents planning to work or practice in areas other 

11 than advanced research and university teaching, 

12 such as in government service, media, law, and busi13 ness. 

14 SEC. 1422. UNITED STATES RELATIONS WITH TAIWAN. 

15 It is the sense of Congress that— 

16 (1) it is in the national interests of the United 

17 States to communicate directly with democratically 

18 elected and appointed officials of Taiwan, including 

19 the President of Taiwan, the Vice-President of Tai20 wan, the Foreign Minister of Taiwan, and the De21 fense Minister of Taiwan; 

22 (2) the Department of State should, in accord23 ance with Public Law 103–416, admit such high 

24 level officials of Taiwan to the United States to dis-
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1 cuss issues of mutual concern with United States of2 ficials; and 

3 (3) the Department of State should, in coopera4 tion with the Ministry of Foreign Affairs of Taiwan, 

5 facilitate high level meetings between such high level 

6 officials of Taiwan and their counterparts in the 

7 United States. 

8 SEC. 1423. NUCLEAR PROLIFERATION AND A. Q. KHAN. 

9 (a) FINDINGS.—Congress finds the following: 

10 (1) Dr. Abdul Qadeer Khan, former director of 

11 the A.Q. Khan Research Laboratory in Pakistan and 

12 Special Adviser to the Prime Minister on the Stra13 tegic Programme, had the status of a federal min14 ister and established and operated an illegal inter15 national network which sold nuclear weapons and re16 lated technologies to a variety of countries. 

17 (2) China provided Dr. Khan with nuclear 

18 weapons designs, and the illegal international nu19 clear proliferation network established by Dr. Khan 

20 may have provided other countries with these de21 signs. 

22 (3) The illegal international nuclear prolifera23 tion network established by Dr. Khan assisted Iran 

24 with its nuclear program by supplying Iran with 
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1 uranium-enrichment technology, including centrifuge 

2 equipment and designs. 

3 (4) The illegal international nuclear prolifera4 tion network established by Dr. Khan assisted North 

5 Korea with its nuclear weapons program by pro6 viding centrifuge technology, including designs and 

7 complete centrifuges. 

8 (5) The illegal international nuclear prolifera9 tion network established by Dr. Khan assisted Libya 

10 with its nuclear program by providing blueprints of 

11 centrifuge parts and thousands of assembled cen12 trifuge parts. 

13 (6) There is concern that the illegal inter14 national nuclear proliferation network created by Dr. 

15 Khan may be still in existence and its work still on16 going. 

17 (7) Defense cooperation and technology transfer 

18 between China and Pakistan have been recently 

19 strengthened, including the codevelopment and man20 ufacturing of a minimum of 400 J–17 ‘‘Thunder’’ 

21 fighter aircraft, with a minimum of 250 going to 

22 China. This and other Chinese-Pakistani technology 

23 sharing provides an expanded basis for further Paki24 stani proliferation of advanced military technology. 
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1 (8) The illegal international nuclear prolifera2 tion network established by Dr. Khan is a threat to 

3 United States national security. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that the United States— 

6 (1) should continue efforts to— 

7 (A) dismantle the illegal international nu8 clear proliferation network created by Dr. 

9 Abdul Qadeer Khan; and 

10 (B) counter, through diplomacy and nego11 tiation, the proliferation of weapons of mass de12 struction from Pakistan to other countries; 

13 (2) should request and Pakistan should grant 

14 access to interview Dr. Khan and his top associates 

15 to determine in greater detail what technology his 

16 network provided or received from Iran, North 

17 Korea, Libya, and China; and 

18 (3) should take the steps necessary to ensure 

19 that Pakistan has verifiably halted any cooperation 

20 with any country in the development of nuclear or 

21 missile technology, material, or equipment, or any 

22 other technology, material, or equipment that is use23 ful for the development of weapons of mass destruc24 tion, including exports of such technology, material, 

25 or equipment. 
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1 SEC. 1424. PALESTINIAN TEXTBOOKS. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) Since 1993, the United States has provided 

4 more than $1,400,000,000 to assist the Palestinian 

5 people, including to assist with the process of 

6 strengthening the Palestinian education system. 

7 (2) Since 1950, the United States has provided 

8 more than $3,200,000,000 in assistance to United 

9 Nations Relief and Works Agency (UNRWA), which 

10 operates schools in camps housing Palestinians. 

11 (3) The Palestinian Authority has undertaken a 

12 reform of its textbooks, a process which will be com13 pleted in 2006. 

14 (4) These new textbooks, while an improvement 

15 over past texts, fail in many respects to foster atti16 tudes amongst the Palestinian people conducive to 

17 peace with Israel, including references to the infa18 mous Protocols of the Elders of Zion, failure to ac19 knowledge the State of Israel, and failure to discuss 

20 Jews in sections dealing with religious tolerance. 

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that the Secretary of State should express in the 

23 strongest possible terms United States opposition to the 

24 inclusion in Palestinian textbooks of materials which fos25 ter anti-Semitism and rejection of peace with Israel, and 

26 to express the unwillingness of the United States to con-
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1 tinue to support educational programs of the Palestinian 

2 Authority, whether directly or indirectly, should the Pales3 tinian Authority continue to include material which does 

4 not foster tolerance and peace. 

5 SEC. 1425. INTERNATIONAL CONVENTION AFFIRMING THE 

6 HUMAN RIGHTS AND DIGNITY OF PERSONS 

7 WITH DISABILITIES. 

8 (a) FINDINGS.—Congress finds the following: 

9 (1) There are more than 600,000,000 people 

10 who have a disability and more than two-thirds of all 

11 persons with disabilities live in developing countries. 

12 (2) Only two percent of children with disabil13 ities in developing countries receive any education or 

14 rehabilitation. 

15 (3) A substantial shift has occurred globally 

16 from an approach of charity toward persons with 

17 disabilities to the recognition of the inherent uni18 versal human rights of persons with disabilities. 

19 (4) A clearly defined international standard ad20 dressing the rights of persons with disabilities would 

21 assist developing countries in the creation and imple22 mentation of national laws protecting those rights. 

23 (5) To better protect and promote the rights of 

24 persons with disabilities and to establish inter25 national norms, the United Nations General Assem-
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1 bly adopted Resolution 56/168 (December 19, 2001) 

2 which established an ad hoc committee to consider 

3 proposals for a comprehensive and integral inter4 national convention that affirms the human rights 

5 and dignity of persons with disabilities. 

6 (6) With the strong commitment and leadership 

7 of the United States and the vast domestic experi8 ence of the United States in the advancement of dis9 ability rights, the world community can benefit from 

10 United States participation in the drafting of an 

11 international convention that affirms the human 

12 rights and dignity of persons with disabilities. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that— 

15 (1) the United States should play a leading role 

16 in the drafting of an international convention that 

17 affirms the human rights and dignity of persons 

18 with disabilities and which is consistent with the 

19 Constitution of the United States, the Americans 

20 with Disabilities Act of 1990, and other rights en21 joyed by United States citizens with disabilities; 

22 (2) for this purpose, the President should au23 thorize the Secretary of State to send to the Sixth 

24 Session of the United Nations Ad Hoc Committee on 

25 a Comprehensive and Integral International Conven-
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1 tion on the Protection and Promotion of the Rights 

2 and Dignity of Persons with Disabilities to be held 

3 in August 2005 and to subsequent sessions of the 

4 Ad Hoc Committee a United States delegation which 

5 includes individuals with disabilities who are recog6 nized leaders in the United States disability rights 

7 movement; and 

8 (3) the United States delegation referred to in 

9 paragraph (2) should seek the input and advice of 

10 the Department of State’s Advisory Committee on 

11 Persons with Disabilities with respect to matters 

12 considered at the Sixth Session of the United Na13 tions Ad Hoc Committee and subsequent sessions. 

14 SEC. 1426. FULBRIGHT SCHOLARSHIPS FOR EAST ASIA AND 

15 THE PACIFIC. 

16 (a) FINDINGS.—Congress finds the following: 

17 (1) From 1949–2003, the Department of State 

18 awarded 13,176 Fulbright Scholarships to students 

19 from East Asia and the Pacific, but only 31 went to 

20 Pacific Island students. 

21 (2) In 2003–2004, the Department of State 

22 awarded 315 scholarships to students from East 

23 Asia and the Pacific, but none were awarded to Pa24 cific Island students. 
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the Department of State should conduct a re3 view and submit to the appropriate congressional commit4 tees a report regarding the marginalization of Pacific Is5 lands students in the awarding of Fulbright Scholarships. 

6 SEC. 1427. BAKU-TBILISI-CEYHAN ENERGY PIPELINE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) It has been the long-standing policy of the 

9 United States to support the independence, security, 

10 and economic development of the newly independent 

11 states of the Caspian Sea region. 

12 (2) The growth and stability of the newly inde13 pendent states of the Caspian Sea region will be 

14 greatly enhanced by the development of their exten15 sive oil and natural gas resources and the export of 

16 these resources unhindered along an east-west en17 ergy transportation corridor. 

18 (3) The establishment of an east-west energy 

19 transportation corridor would enhance the energy se20 curity of the United States, Turkey, and other 

21 United States allies by ensuring an unhindered flow 

22 of energy from the Caspian Sea region to world mar23 kets. 

24 (4) The centerpiece of the proposed east-west 

25 energy transportation corridor is the Baku-Tbilisi- 
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1 Ceyhan (BTC) pipeline, which was first endorsed by 

2 the relevant regional governments in 1998 and 

3 which will carry one million barrels of Caspian Sea 

4 oil per day from Baku, Azerbaijan, to Ceyhan, Tur5 key, via a route that passes through Tbilisi, Georgia. 

6 (5) The BTC pipeline was inaugurated on May 

7 25, 2005, and Caspian Sea oil exports from the port 

8 of Ceyhan, Turkey, will begin later this year. 

9 (6) The BTC pipeline project has received 

10 strong bipartisan support during the administrations 

11 of both Presidents Bill Clinton and George W. Bush. 

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) the governments and peoples of Turkey and 

15 the newly independent states of the Caspian Sea re16 gion should be congratulated for the successful com17 pletion of the Baku-Tbilisi-Ceyhan pipeline; 

18 (2) the policy of the United States to support 

19 the independence, security, and economic develop20 ment of the newly independent states of the Caspian 

21 Sea region should be reaffirmed; and 

22 (3) projects should be encouraged that would 

23 further develop the east-west energy transportation 

24 corridor between the newly independent states of the 

25 Caspian Sea region and Europe and that advance 
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1 the strategic goals of the United States, especially 

2 the promotion of appropriate multiple routes for the 

3 transportation to world markets of oil and gas from 

4 the Caspian Sea region. 

5 SEC. 1428. LEGISLATION REQUIRING THE FAIR, COM6 PREHENSIVE, AND NONDISCRIMINATORY 

7 RESTITUTION OF PRIVATE PROPERTY CON8 FISCATED IN POLAND. 

9 (a) FINDINGS.—Congress find the following: 

10 (1) The protection of and respect for property 

11 rights is a basic tenet for all democratic govern12 ments that operate according to the rule of law. 

13 (2) Private properties were seized and con14 fiscated by the Nazis in occupied Poland or by the 

15 Communist Polish government after World War II. 

16 (3) Some post-Communist countries in Europe 

17 have taken steps toward compensating individuals 

18 whose property was seized and confiscated by the 

19 Nazis during World War II and by Communist gov20 ernments after World War II. 

21 (4) Poland has continuously failed to enact leg22 islation that requires realistically achievable restitu23 tion or compensation for those individuals who had 

24 their private property seized and confiscated. 
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1 (5) Although President Aleksander 

2 Kwasniewski of Poland later exercised his veto 

3 power, in March 2001 the Polish Parliament passed 

4 a bill that would have provided compensation for 

5 seized and confiscated property, but only to individ6 uals who were registered as Polish citizens as of De7 cember 31, 1999, thereby excluding all those individ8 uals who emigrated from Poland during and after 

9 World War II. 

10 (6) President Kwasniewski met in 2002 with 

11 congressional leaders of the United States Helsinki 

12 Commission and stated that he intended to draft a 

13 new law requiring the restitution of previously seized 

14 and confiscated private property that would not dis15 criminate based on the residency or citizenship of an 

16 individual, and which would be ready to take effect 

17 by the beginning of 2003. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) Poland should develop a final and complete 

21 settlement for those individuals who had their pri22 vate property seized and confiscated by the Nazis 

23 during World War II or by the Communist Polish 

24 government after the war; 
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1 (2) restitution should be made in a timely man2 ner if they are to be of any benefit to the many Hol3 ocaust survivors who are in their eighties or older; 

4 and 

5 (3) the President and the Secretary of State 

6 should engage, as appropriate— 

7 (A) in an open dialogue with the Govern8 ment of Poland supporting the adoption of leg9 islation requiring the fair, comprehensive, and 

10 nondiscriminatory restitution of or compensa11 tion for private property that was seized and 

12 confiscated; and 

13 (B) in follow-up discussions with the Gov14 ernment of Poland regarding the status and im15 plementation of such legislation. 

16 SEC. 1429. CHILD LABOR PRACTICES IN THE COCOA SEC17 TORS OF COTE D’IVOIRE AND GHANA. 

18 It is the sense of Congress that— 

19 (1) the Government of the Republic of Cote 

20 d’Ivoire and the Government of the Republic of 

21 Ghana should be commended for the tangible steps 

22 they have taken to address the situation of child 

23 labor in the cocoa sector; 
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1 (2) the Government of Cote d’Ivoire and the 

2 Government of Ghana should consider child labor 

3 and forced labor issues top priorities; 

4 (3) the chocolate industry signatories to the 

5 September 19, 2001, voluntary Protocol for the 

6 Growing and Processing of Cocoa Beans and their 

7 Derivative Products in a Manner that Complies with 

8 ILO Convention 182 Concerning the Prohibition and 

9 Immediate Action for the Elimination of the Worst 

10 Forms of Child Labor should meet the sixth and 

11 final pillar of the Protocol, to ‘‘develop and imple12 ment credible, mutually-acceptable, voluntary, indus13 try-wide standards of public certification, consistent 

14 with applicable federal law, that cocoa beans and 

15 their derivative products have been grown and/or 

16 processed without any of the worst forms of child 

17 labor’’ by July 1, 2005; 

18 (4) the chocolate industry, nongovernmental or19 ganizations, and the Government of Cote d’Ivoire 

20 and the Government of Ghana should continue their 

21 efforts in full force beyond July 1, 2005, to develop 

22 and implement a system to monitor child labor in 

23 the cocoa industry of Cote d’Ivoire and Ghana; 

24 (5) the Office to Monitor and Combat Traf25 ficking in Persons of the Department of State 
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1 should include information on the association be2 tween trafficking in persons and the cocoa industries 

3 of Cote d’Ivoire, Ghana, and other cocoa producing 

4 regions in the annual trafficking in persons report to 

5 Congress; and 

6 (6) the Department of State should assist the 

7 Government of Cote d’Ivoire and the Government of 

8 Ghana in preventing the trafficking of persons into 

9 the cocoa fields and other industries in West Africa. 

10 SEC. 1430. CONTRIBUTIONS OF IRAQI KURDS. 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) Iraqi Kurdish forces played a unique and 

13 significant role in the fight to liberate Iraq for all 

14 Iraqis in 2003. 

15 (2) Since Iraq’s liberation, Iraqi Kurdish lead16 ers have played prominent and constructive roles in 

17 the drafting and passage of the Transitional Admin18 istrative Law and, more generally, in seeking to 

19 achieve a free, stable, and democratic Iraq. 

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that— 

22 (1) Iraqi Kurds should be commended for their 

23 many contributions and sacrifices made in the cause 

24 of creating a free, stable, and democratic Iraq; and 
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1 (2) the Iraqi Transitional Government and the 

2 Kurdistan Regional Government are expected to ad3 here to the highest standards of democratic govern4 ance, including through enforcement of full equality 

5 and rights for all religious and ethnic minorities, 

6 such as Assyrians and Turcomans. 

7 SEC. 1431. PROLIFERATION SECURITY INITIATIVE. 

8 It is the sense of Congress that— 

9 (1) the Secretary of State should strive to ex10 pand and strengthen the Proliferation Security Ini11 tiative announced on May 31, 2003, by President 

12 George W. Bush, placing particular emphasis on in13 cluding countries outside of the North Atlantic Trea14 ty Organization (NATO); and 

15 (2) the United States should seek an inter16 national instrument, in the form of a United Na17 tions Security Council resolution, multilateral treaty, 

18 or other agreement, to enhance international co19 operation with the Proliferation Security Initiative 

20 regarding the interdiction, seizure, and impound21 ment in international waters and airspace of illicit 

22 shipments of weapons of mass destruction and their 

23 delivery systems and of related materials, equipment, 

24 and technology. 
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1 SEC. 1432. SECURITY OF NUCLEAR WEAPONS AND MATE2 RIALS. 

3 It is the sense of Congress that the President should 

4 seek to devise and implement standards to improve the 

5 security of nuclear weapons and materials by— 

6 (1) establishing with other willing nations a set 

7 of guidelines containing performance-based stand8 ards for the security of nuclear weapons and mate9 rials; 

10 (2) negotiating with those nations agreements 

11 to adopt guidelines containing performance-based 

12 standards and implement appropriate verification 

13 measures to assure ongoing compliance; 

14 (3) coordinating with those nations and the 

15 International Atomic Energy Agency to strongly en16 courage other nations to adopt and verifiably imple17 ment the standards; and 

18 (4) encouraging all nations to work with the 

19 International Atomic Energy Agency to complete the 

20 negotiation, adoption, and implementation of its pro21 posed series of documents related to the security of 

22 nuclear materials. 

23 SEC. 1433. INTERNATIONAL CRIMINAL COURT AND GENO24 CIDE IN DARFUR, SUDAN. 

25 Based upon the adoption of resolutions on July 22, 

26 2004, by both the House of Representatives and the Sen-
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1 ate and the declaration on September 9, 2004, by former 

2 Secretary of State Colin Powell that the atrocities unfold3 ing in Darfur, Sudan, are genocide, it is the sense of Con4 gress that, notwithstanding the American 

5 Servicemembers’ Protection Act of 2002 (title II of the 

6 2002 Supplemental Appropriations Act for Further Re7 covery From and Response To Terrorist Attacks on the 

8 United States; Public Law 107–206), the United States 

9 should render assistance to the efforts of the International 

10 Criminal Court to bring to justice persons accused of 

11 genocide, war crimes, or crimes against humanity in 

12 Darfur, Sudan, provided that legally binding assurances 

13 have been received from the United Nations Security 

14 Council or the International Criminal Court that no cur15 rent or former United States Government official, em16 ployee (including any contractor), member of the United 

17 States Armed Forces, or United States national will be 

18 subject to prosecution by the International Criminal Court 

19 in connection with those efforts. 

20 SEC. 1434. ACTION AGAINST AL-MANAR TELEVISION. 

21 (a) FINDINGS.—Congress finds that— 

22 (1) in 1996, the Secretary of State designated 

23 Hizballah as a foreign terrorist organization (FTO) 

24 under section 219 of the Immigration and Nation25 ality Act; 
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1 (2) al-Manar television is owned and controlled 

2 by Hizballah and acts on behalf of Hizballah, as 

3 openly acknowledged by Hizballah leader Hasan 

4 Nasrallah; 

5 (3) al-Manar’s programming, in accordance 

6 with Hizballah’s policy, openly promotes hatred of 

7 and graphically glorifies and incites violence, includ8 ing suicide bombings, against Americans, Israelis, 

9 and Jews; 

10 (4) in December 2004, the Secretary of State 

11 placed al-Manar on its Terrorist Exclusion List, im12 mediately after which the sole satellite company that 

13 broadcast al-Manar in North America pulled al14 Manar off the air; 

15 (5) in recent months, several European Union 

16 (EU) countries and EU-based satellite companies 

17 have taken actions that severely limit al-Manar’s 

18 broadcasting reach in Europe; and 

19 (6) al-Manar continues to broadcast to all of 

20 the Arab world, much of non-Arab Asia, most of 

21 Central and South America, and parts of Europe, 

22 with the cooperation of companies headquartered in 

23 Europe and the Arab world. 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that— 
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1 (1) all countries that host satellite companies 

2 that broadcast al-Manar, on whose territory al3 Manar may be viewed over media subject to govern4 ment regulation, or where advertising or other finan5 cial support for al-Manar originates, should take ac6 tion, by the strongest and most comprehensive ap7 propriate means available, to suppress al-Manar’s 

8 terroristic programming; and 

9 (2) the Arab States Broadcasting Union, which 

10 is part of the Arab League, should revoke al11 Manar’s membership status because of al-Manar’s 

12 promotion of hatred and incitement to violence, in13 cluding suicide bombings, directed toward Ameri14 cans, Israelis, and Jews. 

15 SEC. 1435. STABILITY AND SECURITY IN IRAQ. 

16 It is the sense of Congress that the President should 

17 transmit to the appropriate congressional committees as 

18 soon as possible after the date of the enactment of this 

19 Act the plan to provide for a stable and secure government 

20 of Iraq and an Iraqi military and police force that will 

21 allow the United States military presence in Iraq to be 

22 diminished. 
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1 SEC. 1436. PROPERTY EXPROPRIATED BY THE GOVERN2 MENT OF ETHIOPIA. 

3 It is the sense of the Congress that the Government 

4 of Ethiopia should account for, compensate for, or return 

5 to United States citizens, and entities not less than 50 

6 percent beneficially owned by United States citizens, prop7 erty of such citizens and entities that has been national8 ized, expropriated, or otherwise seized by the Government 

9 of Ethiopia before the date of the enactment of this Act 

10 in contravention of international law. 

11 SEC. 1437. UNITED STATES-CHINA RELATIONS. 

12 It is the sense of Congress that— 

13 (1) the comments by Chinese General Zhu 

14 Chenghu advocating the use of nuclear weapons 

15 against the United States are both damaging to 

16 United States-China relations and a violation of Chi17 na’s commitment to resolve its differences with Tai18 wan peacefully; and 

19 (2) the Government of China should renounce 

20 the use of force against Taiwan, disavow General 

21 Zhu’s statements, and relieve General Zhu from his 

22 command. 

23 SEC. 1438. CAPTURE, DETENTION, AND INTERROGATION OF 

24 TERRORISTS AT GUANTANAMO BAY, CUBA. 

25 (a) FINDINGS.—Congress finds the following: 
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1 (1) Usama bin Laden declared war on the 

2 United States in 1996. 

3 (2) International terrorists, including al Qaida 

4 and its affiliated terrorists, have repeatedly attacked 

5 the United States and its coalition partners through6 out the world and have killed and wounded thou7 sands of innocent United States citizens and citizens 

8 from these coalition partners. 

9 (3) The United States is exercising its rights to 

10 self-defense and to protect United States citizens 

11 both at home and abroad by waging war alongside 

12 its coalition partners against al Qaida and affiliated 

13 terrorists. 

14 (4) International terrorists continue to pose an 

15 extraordinary threat to the national security and for16 eign policy of the United States and its coalition 

17 partners. 

18 (5) International terrorists continue to commit 

19 and plan terrorist attacks around the world against 

20 the United States and its coalition partners. 

21 (6) In order to protect the United States and 

22 its citizens, the United States must identify terror23 ists and those individuals who support them, disrupt 

24 their activities, and eliminate their ability to conduct 
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1 or support attacks against the United States, its 

2 citizens, and its coalition partners. 

3 (7) Identifying, disrupting, and eliminating ter4 rorist threats against the United States requires ef5 fective gathering, dissemination, and analysis of 

6 timely intelligence. 

7 (8) The collection of information from detainees 

8 at Guantanamo Bay, Cuba, by the United States 

9 has improved the security of the United States and 

10 its coalition partners and is essential in fighting the 

11 Global War on Terrorism. 

12 (9) The loss of interrogation-derived informa13 tion would have a disastrous effect on the United 

14 States’ intelligence collection and counterterrorism 

15 efforts and would constitute a damaging reversal in 

16 the Global War on Terrorism. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) the capture, detention, and interrogation of 

20 international terrorists are essential to the successful 

21 prosecution of the Global War on Terrorism and to 

22 the defense of the United States, its citizens, and its 

23 coalition partners from future terrorist attacks; 

24 (2) the detention and lawful, humane interroga25 tion by the United States of detainees at Guanta-
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1 namo Bay, Cuba, is essential to the defense of the 

2 United States and its coalition partners and to the 

3 successful prosecution of the Global War on Ter4 rorism; 

5 (3) the detention facilities and interrogations at 

6 Guantanamo Bay, Cuba, plays an essential role in 

7 the security of the United States and should not be 

8 closed or ended while the United States is waging 

9 the Global War of Terrorism. 

Passed the House of Representatives July 20, 2005. 

Attest: JEFF TRANDAHL, 

Clerk. 

By GERASIMOS C. VANS, 

Deputy Clerk. 
Calendar No. 172 

109TH CONGRESS 

1ST SESSION H. R. 2601 

AN ACT 

To authorize appropriations for the Department of 

other purposes. State for fiscal years 2006 and 2007, and for 

JULY 22, 2005 

Received; read twice and placed on the calendar