39–010

Calendar No. 48

109TH CONGRESS REPORT

1st Session " ! SENATE 109–35

FOREIGN AFFAIRS AUTHORIZATION ACT,

FISCAL YEARS 2006 AND 2007

MARCH 10, 2005.—Ordered to be printed

Mr. LUGAR, from the Committee on Foreign Relations,

submitted the following

REPORT

[To accompany S. 600]

The Committee on Foreign Relations, having had under consideration an original bill (S. 600) to authorize appropriations for the

Department of State and international broadcasting activities for

fiscal years 2006 and 2007, for the Peace Corps for fiscal years

2006 and 2007, for foreign assistance programs for fiscal years

2006 and 2007, and for other purposes, reports favorably thereon

with amendments and recommends that the bill as amended do

pass.

CONTENTS

Page

I. Purpose ........................................................................................................... 1

II. Committee Action .......................................................................................... 2

III. Summary ........................................................................................................ 3

IV. Division A—Foreign Relations Authorization ............................................. 6

(A) Summary of Funds ............................................................................... 6

(B) Section-by-Section Analysis ................................................................. 6

V. Division B—Foreign Assistance Authorizations .......................................... 25

(A) Summary of Funds ............................................................................... 25

(B) Section-by-Section Analysis ................................................................. 26

VI. Cost Estimate ................................................................................................. 58

VII. Evaluation of Regulatory Impact .................................................................. 58

VIII. Changes in Existing Law .............................................................................. 58

I. PURPOSE

The Foreign Affairs Authorization Act, Fiscal Years 2006 and

2007, authorizes funding for the Department of State, United

States international broadcasting activities, the U.S. Agency for

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International Development, the Peace Corps, foreign assistance and

other foreign affairs programs for FY 2006 and 2007. The bill also

addresses several important regional and functional foreign policy

issues.

II. COMMITTEE ACTION

The committee has held several public hearings over the past

several months focusing on the issues addressed in this legislation.

On February 16, Secretary of State Condoleezza Rice testified regarding the President’s budget request for international affairs. On

March 2, State Department and USAID officials testified in a sixpart hearing on the administration’s policies and foreign assistance

goals in various regions of the world. Other hearings leading up to

the consideration of this legislation focused on lessons learned from

the international response to the tsunami tragedy in the Indian

Ocean region, strategies for U.S. policy in Iraq and the Middle

East, and the status of the six-party talks with North Korea. In the

108th Congress, the committee also held a number of hearings that

informed its work on this legislation. They included hearings on

visa policy, the Millennium Challenge Corporation, an ongoing

committee investigation into efforts to combat corruption in the

multilateral development banks, the situation in Sudan, reform

and counter-terrorism in Pakistan, the Middle East Road Map, and

several updates on U.S. efforts in Iraq. Throughout their work in

both public hearings and in classified briefings, committee Members have explored the policy choices, the challenges, and the purposes that underlie the funding and the authorities contained in

this legislation.

The committee considered an original bill on March 3, 2005. During the mark-up of this legislation, the committee adopted by voice

vote a managers’ package consisting of 10 amendments. A number

of other amendments were also adopted by voice vote:

• An amendment offered by the Chairman that authorizes the

Secretary of State to carry out an accelerated global program

to secure or eliminate conventional weapons and tactical missile systems that pose a proliferation threat. The amendment

redesignates an office in the Department to formulate policy

and plan programs to reduce conventional arms and authorizes

funding for the effort.

• An amendment offered by Senator Boxer expressing the Sense

of Congress that the municipal elections recently held in Saudi

Arabia are a positive step and that it is in the interest of Saudi

Arabia to permit women to run for office and vote in all future

elections.

• An amendment by Senator Sununu authorizing the Secretary

of State to provide scholarships for students from Islamic countries to study at U.S. institutions of higher education that are

chartered and accredited in the United States and located in

Islamic countries.

• An amendment by Senator Feingold requiring the Coordinator

of U.S. Government Activities to Combat HIV/AIDS Globally to

issue a public report on U.S. funds spent to procure antiretroviral drugs for patients in U.S. aid-recipient countries.

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• An amendment by Senator Feingold requiring a report to Congress on the status of cooperation between the Indonesian government and the U.S. government in the Timika investigation

before release of FY 2006 funds for international military education assistance or defense-related procurement by Indonesia. • An amendment by Senator Sarbanes adding an increase in the

cap for hardship pay to the bill’s provision increasing the cap

for danger pay for Foreign Service officers. • An amendment by Senator Sarbanes stating that $2 million in

International Military and Education Training should be made

available to Greece in 2006 and 2007.

By a vote of 9–9, the committee defeated an amendment proposed by Senator Sarbanes to increase funding for Development

Assistance, Child Survival and Health, and International Organizations and Programs. The amendment would have drawn the additional funds from the Millennium Challenge Account and Transition Initiatives.

The committee ordered the bill reported, as amended, by a vote

of 18 to 0. Ayes: Lugar, Hagel, Chafee, Allen, Voinovich, Alexander,

Coleman, Sununu, Murkowski, Martinez, Biden, Sarbanes, Dodd,

Kerry, Feingold, Boxer, Nelson, and Obama.

III. SUMMARY

The committee believes that the authorizations of appropriations

contained in this legislation must be seen as an integral component

of national security policy. This funding is the civilian complement

to the defense budget, providing the resources, personnel and programs that undergird the nation’s diplomatic strength. When they

are successful, these tools of foreign policy can save more than

treasure. They can save American lives. Comparatively inexpensive, the foreign affairs funding authorized in this legislation is

only about 4 percent of total government discretionary spending,

whereas the nation is now spending some 50 percent of discretionary funds on the military component of national security policy.

In reporting this bill to the Senate, the committee urges fellow

Senators to embrace the vision that a strong and well-funded foreign policy boosts the chances that our country will prevail in the

war against terrorism and can check the kind of cataclysmic attack

foreshadowed by the tragedy of September 11th. The committee believes that diplomatic clout, strong international information programs, and targeted foreign assistance are a national security priority.

Authorizations of appropriations in this bill cover the operating

expenses and programs of the Department of State, the U.S. Agency for International Development, the Broadcasting Board of Governors, the Peace Corps, and the Millennium Challenge Corporation for Fiscal Years 2006 and 2007. Among other programs, it includes funding to address the HIV/AIDS epidemic, build safer embassies for citizens serving in a more dangerous world, and carry

out education and cultural exchange programs that enrich America’s dialogue with other nations. It funds the cadre of personnel

leading the civilian battle against terrorism in foreign capitals: consular officers to defend our borders, political officers to gain cooperation on apprehending terrorists, public diplomacy officers to

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get America’s story out, and ambassadors to lead the complex and

multi-faceted mission.

The bill authorizes appropriations for the President’s foreign affairs budget within the jurisdiction of the committee at the level he

requested. It represents a 13 percent increase over last year’s appropriated level and a 10.7 percent increase, as calculated by the

Congressional Budget Office, over last year’s baseline amount. The

committee finds these increases necessary and justified. Since the

end of the Cold War, the foreign affairs account has suffered frequently from inadequate funding. The American public generally

understands that the United States reduced military spending in

the 1990s following the fall of the Soviet Union. Few are aware,

however, that reductions were applied even more unsparingly to

foreign affairs programs. In constant dollars, the foreign affairs

budget was cut in six consecutive years from 1992 to 1998. This

slide occurred even as the United States sustained the added costs

of establishing new missions in the fifteen states that were part of

the former Soviet Union. In constant dollars, the cumulative effect

was a 26 percent decrease in our foreign affairs programs. As a

percentage of GDP, this six-year slide represented a 38 percent cut

in foreign affairs programs.

This bill contains numerous legislative branch initiatives, most

notably the Stabilization and Reconstruction Civilian Management

Act, which was developed in this committee and was reported out

last year. Its purpose is to build Department of State capacity to

organize and lead the civilian component of stabilization and reconstruction missions overseas. Uncontrolled territory, chaotic postconflict situations, and criminalized governments can provide terrorists with sanctuaries where they regroup, train, and plan without fear of arrest. The bill establishes in law the office that will anticipate and plan for the difficulties of rebuilding stable societies in

post-conflict situations. The bill authorizes appropriations for personnel, training, and resources for this enormous new undertaking.

Three other legislative branch initiatives included in the bill call

for U.S. leadership on several fronts. The Protection of Vulnerable

Populations during Humanitarian Emergencies Act of 2005 includes provisions designed to improve protections for women, children, and other vulnerable populations in the context of war or disaster. The Safe Water: Currency for Peace Act of 2005 recognizes

that safe water and sanitation, sound water management, and improved hygiene for people around the world is an essential ingredient of our foreign policy objectives. It authorizes a 5-year pilot

program to assist countries that have a high rate of water-borne

illness, with alternative funding mechanisms such as investment

insurance, investment guarantees or loan guarantees to develop

sustainable water infrastructure systems. The Global Pathogen

Surveillance Act of 2005 acknowledges that the threat of bioterrorism or the potential spread of such dangerous diseases as SARS

and Avian flu poses significant challenges not only for the United

States, but also for the entire world. The Global Pathogen Surveillance Act seeks to enhance the capability of the international community to detect, identify, and contain infectious disease outbreaks,

and to determine whether those outbreaks are natural or deliberately initiated.

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The authorizations of appropriations for foreign assistance place

top priority on assisting the front-line states in the war on terrorism. The authorization of funding for these countries is $5.8 billion, 9 percent more than requested in FY2005. Likewise, the bill

increases funding for the non-proliferation and anti-terrorism programs by $41 million to a total of $440 million.

The bill includes executive branch initiatives targeting democracy, governance and economic development in the Middle East.

Authorization of appropriations for the State Department’s Middle

East Partnership Initiative (MEPI) is increased from $89 million to

$150 million. The National Endowment for Democracy budget is increased by one-third to $80 million to continue the President’s

Greater Middle East Democracy Initiative. The bill contains $150

million of the funds pledged by the President in his State of the

Union address for programs in the West Bank and Gaza.

Improving U.S. public diplomacy is a clear priority for the committee. With the successful Iraqi elections, the widely known and

generous American response to the tsunami tragedy, and new optimism on the Israeli-Palestinian front, there is an opportunity to

shape wavering international opinion of U.S. goals and values. The

bill provides the authorization for an increase of $8 million in the

Diplomatic and Consular account to be spent on public diplomacy,

$430.4 million for Educational and Cultural Exchanges (an increase of $74.5 million), and $651.9 million for international broadcasting (an increase of $60.3 million).

One of the largest increases in authorized amounts in the bill is

for the Millennium Challenge Corporation (MCC). The request is

for $3 billion, a significant sum and a 100 percent increase over

last year’s appropriation. The committee did not approve an

amendment to defer such a large increase in funding for the MCC

and distribute the $427 million cut among other foreign aid accounts. While views on the specific amendment varied, the debate

demonstrated strong committee support for the MCC’s long-term

mission to boost economic development in the poorest, but most

likely-to-succeed countries. The committee intends to continue to

monitor MCC developments to ensure that the organization adheres to its publicly stated principles and goals while making deliberate but timely progress in obligating funding to MCC recipient

projects and programs.

The bill also focuses resources on the HIV/AIDS pandemic that

threatens to overwhelm entire societies. The President requested a

significant increase in HIV/AIDS assistance, with the overall request at $3.2 billion, up from the appropriated $2.9 billion last

year. The two-thirds of that amount contained in the 150 account

has been fully funded by Congress in previous legislation. This bill

is consistent with the President’s HIV/AIDS request. The committee has long advocated a leading U.S. international role in both

preventing and treating this devastating disease.

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IV. DIVISION A—FOREIGN RELATIONS AUTHORIZATION

(A) SUMMARY OF FUNDS

[in thousands of dollars]

FY 2005

appropriations

estimate

FY 2006

request

FY 2006 bill

as reported

Diplomatic and Consular Programs ............ $4,172,220 $4,472,641 $4,472,641

[Includes: Worldwide Security Upgrades] ... 649,904 689,523 689,523

Capital Investment Fund ............................. 128,263 133,000 133,000

Embassy Security Construction ...................

& Maintenance .......................................... 1,503,644 1,526,000 1,526,000

Other State Department Accounts

Representation Allowances ........................... 8,525 8,281 8,281

Protection of Foreign Mission and Officials 9,762 9,390 9,390

Emergencies in Diplomatic and Consular

Service ........................................................ 987 13,643 13,643

Repatriation Loans ........................................ 1,203 1,319 1,319

Payment to the American Institute .............

in Taiwan ................................................... 19,222 19,751 19,751

Office of the Inspector General .................... 30,028 29,983 29,983

Education, Cultural, and Public Diplomacy Programs

Total ............................................................... 355,932 430,400 430,400

Related Appropriations

National Endowment for Democracy ........... 59,199 80,000 80,000

East-West Center .......................................... 19,240 13,024 13,024

The Asia Foundation ..................................... 12,826 10,000 10,000

International Organizations

Contributions for International ...................

Organizations ............................................. 1,166,212 1,296,500 1,296,500

Contributions for International Peacekeeping ....................................................... 483,455 1,035,500 1,035,500

International Commissions

International Boundary & ............................

Water Commissions—S&E ....................... 26,880 28,700 28,700

International Boundary & Water ................

Commissions—Construction ..................... 5,239 6,600 6,600

International Boundary Commission .......... 1,231 1,429 1,429

International Joint Commission .................. 6,214 6,320 6,320

International Fisheries Commissions .......... 21,688 25,123 25,123

Migration and Refugee Assistance

Total ............................................................... 763,840 892,770 892,770

International Broadcasting Activities

Total International Broadcasting ................ 591,552 651,943 651,943

(B) SECTION-BY-SECTION ANALYSIS

Sec. 101. Administration of Foreign Affairs

This section authorizes appropriations under the heading ‘‘Administration of Foreign Affairs’’ for FY 2006 and 2007.

The committee has authorized the full amount of the President’s

request in FY 2006 and provided such sums as may be necessary

in FY 2007 for Diplomatic and Consular Programs, Worldwide Security Upgrades, the Capital Investment Fund, Embassy Security,

Construction and Maintenance, Educational and Cultural Exchange Programs, Representation Allowances, Protection of Foreign

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Missions and Officials, Emergencies in the Diplomatic and Consular Service, Repatriation Loans, Payment to the American Institute in Taiwan and the Office of the Inspector General.

Sec. 102. International organizations and conferences

This section authorizes appropriations in FY 2006 and such sums

as may be necessary in FY 2007 for contributions to international

organizations (CIO) and for contributions to international peacekeeping (CIPA).

The committee is authorizing the full amount requested for both

the CIO and CIPA accounts. The funding represents U.S. treaty obligations to pay assessed contributions to the U.N. regular budget,

the budgets of the specialized agencies in which the U.S. is a member, and the U.S. share of peacekeeping assessments. The committee is requesting a report from the Secretary of State on the implementation of the recommendations contained in the United Nations’ August 2000 ‘‘Brahimi Report’’ on Peacekeeping Operations.

The request specifically cites the committee’s interest in learning

how the U.S. Government is contributing to the development of a

more robust U.N. capacity to organize international police units for

use on an emergency basis.

The committee continues its ongoing interest in bringing payment of U.S. dues to the United Nations into synchronization with

the U.N. budget. Currently, U.S. annual dues are paid late in the

calendar year, at the start of the U.S. fiscal year; however, the

U.N. budget year begins in January. The annual payment of U.S.

dues nine months late strains the U.N.’s financial stability, and

frequently jeopardizes accounts for critical peacekeeping missions.

The administration is urged to request funding next year that

would result in the U.S. paying its dues on time annually, in January, when they are due.

The committee also recognizes and supports the administration’s

efforts, particularly over the past year, to establish a Democracy

Caucus at the United Nations. Such a caucus would work within

the various bodies of the United Nations, such as the General Assembly and the Commission on Human Rights, to bolster global

democratic principles, advance human rights, and promote international security and stability.

Sec. 103. International Commissions

This section authorizes appropriations for FY 2006 and such

sums as may be necessary for 2007 under the heading ‘‘International Commissions.’’ It authorizes funds necessary to enable the

United States to meet its obligations as a participant in international commissions, including those dealing with American

boundaries and related matters with Canada and Mexico, and

international fisheries commissions.

Sec. 104. Migration and refugee assistance

This section authorizes appropriations for fiscal year 2006 and

such sums as may be necessary for 2007 to enable the Secretary

of State to provide assistance and make contributions for migrants

and refugees, including contributions to international organizations

such as the United Nations High Commissioner for Refugees and

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the International Committee for the Red Cross, through private

volunteer agencies, government, and bilateral assistance, as authorized by law.

Sec. 105. Centers and Foundations

This section authorizes appropriations for fiscal year 2006 of

$80,000,000 for the National Endowment for Democracy,

$13,024,000 for the Center for Cultural and Technical Interchange

between East and West, and $10,000,000 for the Asia Foundation.

It authorizes such sums as may be necessary for 2007.

Sec. 106. Vietnam Fulbright Academic Exchange Program

Of the amount made available for ‘‘Educational and Cultural Exchange Programs’’ under section 101(4), this section authorizes appropriations of $5,000,000 for fiscal year 2006 and $5,000,000 for

fiscal year 2007 for the Vietnam Fulbright academic exchange program.

Subtitle B—United States International Broadcasting Activities

Sec. 111. Authorizations of appropriations

This section authorizes appropriations for international broadcasting activities in fiscal year 2006 in the amount of $641,050,000.

For Broadcasting Capital Improvements, $10,893,000 is authorized.

It authorizes such sums as may be necessary for both accounts for

fiscal year 2007.

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND

ACTIVITIES

Sec. 201. Interference with protective functions

This section makes it a crime to knowingly and willfully obstruct,

resist, or interfere with Diplomatic Security agents involved in

their protective duties. The provision is modeled on a similar provision in the Federal criminal code with regard to interference with

the protective duties conducted by the Secret Service. (18 U.S.C.

3056(d)).

Sec. 202. Authority to issue administrative subpoenas

This section provides a narrow administrative subpoena authority for the Secretary of State that may be issued in cases of an ‘‘imminent threat’’ to persons, missions or organizations protected by

Diplomatic Security agents under the authority of Section 37(a)(3)

of the State Department Basic Authorities Act of 1956. The authority is similar to one provided to the Secret Service (see 18 U.S.C.

3486), and the procedural protections of that provision will apply

here. The power to issue such subpoenas can be delegated by the

Secretary only to the Deputy Secretary, thereby assuring close attention to this authority at the highest level of the Department. In

addition, to facilitate oversight of the exercise of this authority, the

Secretary must report annually to the committee on its use.

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Sec. 203. Enhanced Department of State Authority for Uniformed

Security Officers

This section provides law enforcement authority to uniformed security guards at State Department facilities in the Washington, DC

area and elsewhere in the United States, and authority to designate firearms and explosives training officers as law enforcement

officers for the purposes of safeguarding weapons at training facilities and in transit. Under current law, the uniformed contract

guards who provide security at Department facilities are governed

by a patchwork quilt of authorities. Such guards have some law enforcement authority under delegations by the General Services Administration (at those facilities which are GSA-operated), and

under an arrangement with the Marshals Service which allows certain guards to be deputized.

The committee finds it unacceptable that there is not clear legal

authority provided to guards charged with protecting Department

facilities and employees. The committee notes that numerous other

Federal departments have similar statutory authority, including

the Departments of Defense, Energy, Transportation, and Veterans

Affairs, as well as the National Aeronautics and Space Administration and the Federal Reserve.

Sec. 204. Grant authorities

This section authorizes the Secretary of State to use grants, cooperative arrangements, or contracts to support public diplomacy efforts promoting biotechnology and to support training and technical

assistance projects for the protection of intellectual property rights.

This authority is intended to provide a tool to help ensure that

views and decisions of foreign governments concerning biotechnology and its applications in the areas of food and agriculture

reflect scientific findings about such technology. In addition to providing grant authority for the protection of intellectual property

rights, the committee urges the Department to make the protection

of such rights a top priority in its diplomatic agenda in nations

where weak or ineffective law enforcement is undermining the

internationally recognized rights of American authors, recording

artists, and the motion picture industry to have their creative

works protected.

Sec. 205. International Litigation Fund

This section allows the State Department to retain awards of

costs and attorneys’ fees when defending against international

claims in addition to amounts currently allowed to be retained

when it successfully prosecutes a claim.

Sec. 206. Retention of medical reimbursements

Currently, medical insurance reimbursements for payments

made by the State Department for employee health care abroad

must be credited to Department accounts in the year the obligation

and payment for the medical services was made. This section allows the Department to retain these reimbursements in Department accounts in the year in which they are collected, ensuring

that reimbursements obtained in the fiscal year following that in

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which the obligation and payment was made will be available to

the Department.

Sec. 207. Transfer authority for Buying Power Maintenance Account

This section amends Section 24(b)(7) of the State Department

Basic Authorities Act of 1956, which permits the transfer of up to

$100 million in expired, unobligated balances into the no-year Buying Power Maintenance Account as a means to offset adverse fluctuations in foreign currency exchange rates. The section eliminates

the requirement that such transfers be subject to appropriations.

Sec. 208. Accountability Review Boards

This section gives the Secretary of State the discretion to convene an Accountability Review Board, or use alternate procedures

to conduct an inquiry for incidents that involve serious injury, loss

of life or significant destruction of property at or related to a U.S.

Mission in Iraq or Afghanistan. This authority extends from July

1, 2004 to September 30, 2009. If the Secretary chooses not to convene a Board, but instead uses the authority of this provision, she

is required to notify the committee on International Relations of

the House of Representatives and the Committee on Foreign Relations of the Senate of the incident, to conduct an inquiry, and to

report to the committees on the findings and recommendations of

the inquiry and the actions taken as a result. The Administration

requested this provision. The committee recognizes that there is a

higher level of risk involved at the U.S. missions in these two nations, and therefore the requirement for a full-scale Accountability

Review Board may be impractical. The committee does expect, however, that in the case of such incidents, a thorough inquiry will be

conducted in order to determine whether security procedures

should be modified.

Sec. 209. Designation of Colin L. Powell Residential Plaza

This section names the Federal building in Kingston, Jamaica,

formerly known as the Crowne Plaza and now a staff housing facility for the U.S. Embassy in Jamaica, after former Secretary of

State Colin L. Powell.

Sec. 210. Removal of contracting prohibition

This section repeals Section 406(c) of the Omnibus Diplomatic

Security and Antiterrorism Act of 1986, which made persons doing

business with Libya ineligible for contracts awarded under that act.

Deletion of section 406(c) will permit the Department to undertake

activities such as refurbishing and maintaining the current U.S. liaison office in Tripoli.

Sec. 211. American Institute in Taiwan facilities enhancement

This section amends the American Institute in Taiwan Facilities

Enhancement Act to authorize such sums as may be necessary for

construction of the American Institute in Taiwan compound. The

original sum of $75 million, authorized in 2000, is inadequate, as

the current estimate for a new facility is $143 million.

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Sec. 212. Extension of the Advisory Committee on Cultural Diplomacy

This section extends the authorization of the Advisory Committee

on Cultural Diplomacy, which was established by Section 224 of

the Foreign Relations Authorization Act, Fiscal Year 2003 (P.L.

107–228). That provision authorized the committee to operate until

September 30, 2005, or for approximately three years. This provision extends the authorization of the committee for an additional

two years, until September 30, 2007.

Sec. 213. Victims of crime in foreign countries

This section directs the Secretary of State to establish a Victims

of Crime office in the Bureau of Consular Affairs. The office is to

provide services to American victims of violent crimes overseas, to

maintain a data base to track the incidents of violent crimes

against Americans that are reported to overseas missions, and to

administer financial assistance to victims who need it. This section

gives the Secretary authority to use money from the ‘‘K’’ fund,

which is for unforeseen emergencies arising in the diplomatic and

consular service, to provide emergency financial assistance when no

other assistance is available. The section requires a report from the

Secretary outlining the operation of the office and recommending

how it can be improved.

Sec. 214. The United States Diplomacy Center

This section authorizes the Secretary of State to establish a

United States Diplomacy Center housing a museum, conference

center and auditorium to be located in the Department of State

headquarters at the Harry S Truman Building. As envisioned, the

Center is intended to organize and sponsor educational and outreach programs explaining the role of U.S. diplomats and American

foreign policy in safeguarding U.S. security, promoting peace, increasing prosperity, promoting U.S. values, and protecting U.S. citizens abroad. The committee notes that this would not be the first

such center created by or located in a U.S. Government facility. It

urges the Department to plan carefully and take every step necessary to ensure that public access to the Center does not compromise security of the headquarters building. To date, over $1.2

million has been raised for the museum from private sources, and

the first of three phases of design and construction was completed

in December 2004. A fund-raising strategic plan is being developed

to raise the necessary funds for the remaining phases and will be

implemented following internal review and approval by the Undersecretary for Management.

Sec. 215. Strengthening United States educational programs in the

Islamic world

The committee appreciates the contributions that non-profit,

U.S.-organized colleges and universities in the Middle East play in

promoting U.S. national security. These institutions help to nurture democracy and tolerance by educating successive generations

of leaders who are committed to American values and who understand the tangible economic, political, and social benefits that a

commitment to democracy produces. These colleges and univerVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 FAA06.TXT SFRELA2 PsN: SFRELA2
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sities also help to foster mutual understanding between the United

States and the Islamic world. They include the American University of Beirut, Lebanese American University, and the American

University of Cairo. Scholarships authorized under this provision

should assist in making these educational opportunities accessible

to students of the region.

TITLE III—ORGANIZATION AND PERSONNEL OF THE

DEPARTMENT OF STATE

Sec. 301. Education allowances

This section modifies current law to authorize payments to cover

certain education costs and educated-related travel costs for children of government personnel stationed at posts where schools are

inadequate, and for college and post-graduate students who are

still dependents. Students older than 22 are ineligible for such allowances.

Sec. 302. Official residence expenses

This section permits the Department of State to provide in advance funds available for official residence expenses under 5 U.S.C.

sec. 5913(b) to those persons now eligible to receive reimbursement

for such expenses.

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

This section increases the cap for hardship and danger pay for

Foreign Service personnel from 25 percent of salary to 35 percent

. As a result of increased hardship and danger in many locations,

many posts with high but disparate levels of hardship and danger

are clustered at the ceiling rates of 25 percent . This has resulted

in an inability to maintain appropriate distinctions between the

various levels of hardship and danger.

This section would not result in an automatic increase of rates

for all hardship locations or danger pay locations, but would provide the Department discretionary authority to make appropriate

adjustments. Based on estimates presented to the committee, the

Department of State could apply the full increase for danger pay

to personnel serving at 8 posts in 5 countries and the full increase

for hardship pay to personnel at 19 posts in 17 countries. The State

Department estimates the cost of these increases at approximately

$6 million, although the proposal could be implemented in phases

to reduce the dollar impact.

The committee believes that the Department should find funding

within its regular budget to cover the cost of lifting the cap on such

pay. Increases are justified as an incentive to officers to serve at

exceptionally difficult posts. The committee recognizes that Foreign

Service officers take substantial risks in locating to remote and

hazardous areas where U.S. presence is essential but where our

representatives’ physical health and well-being may be jeopardized.

Sec. 304. Home leave

This section allows additional flexibility in the application of the

home leave program provided under the Foreign Service Act of

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1980. First, it allows Foreign Service personnel to schedule their

home leave, if desired, after 12 months of service at a post, rather

than after 18 months as required under current law. Second, the

provision delinks rest and recuperation travel from the timing of

home leave so that members of the Service are allowed more flexibility in taking each.

Sec. 305. Fellowship of Hope Program

This section clarifies the authority of an existing exchange program with the foreign ministries of EU countries and with the EU

Commission in Brussels and expands it to NATO countries and

NATO headquarters. Under the expanded program, mid-level diplomats spend a year working in the foreign ministries of participating countries or in the European Commission or NATO headquarters.

Sec. 306. Security Officers Exchange Program

This section clarifies the authority of an existing exchange program with the foreign ministries of Australia and the United Kingdom. Under the program, security officers spend up to three years

working in the foreign ministries of participating countries.

Sec. 307. Reemployment of annuitants

This section permits the Secretary of State to waive limitations

on dual compensation that apply to re-employed Foreign Service

annuitants when they are re-employed on a temporary basis in positions for which it is exceptionally difficult to recruit or retain

qualified employees. Under current law, Foreign Service annuitants hired on a full-time basis have their annuities terminated;

those employed on a part-time or intermittent basis may only work

for a limited period of time each year because of the dual compensation limits. These limitations hamper the Department’s ability to hire experienced individuals with unique skills to meet important mission needs. This waiver authority already exists for the

Civil Service (5 U.S.C. 8468(f)(A)), but it is limited for the Foreign

Service to emergencies involving a direct threat to life or property

or other unusual circumstances.

This section grants on a pilot basis for the Foreign Service the

additional waiver authority for positions for which it is exceptionally difficult to recruit or retain qualified employees; the authority

will expire at the end of fiscal year 2007. One year following the

enactment of this Act, the Secretary of State is required to submit

to the Congress a report on use of this waiver authority. The committee expects the Department to ensure that such waivers are

granted only in a limited number of exceptional cases and that

such waivers are authorized only by the Under Secretary for Management.

Sec. 308. Suspension of Foreign Service members without pay

This section allows the Department to suspend without pay a

member of the Foreign Service in cases where there is reasonable

cause to believe that the employee has committed a crime for which

he/she may be imprisoned and there is a connection to the efficiency of the Service. This provision is drawn from a similar proviVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 FAA06.TXT SFRELA2 PsN: SFRELA2
14

sion in the civil service laws (see 5 U.S.C. Secs. 7512, 7513), and

is similar to a provision that once existed in Section 610(a)(3) of the

Foreign Service Act of 1980, but was replaced by a provision requiring conviction of a crime before suspension without pay could

be imposed. See Section 143 of the Foreign Relations Authorization

Act, Fiscal Years 1992 and 1993 (P.L. 102–138).

Although the provision is not identical to the analogous provision

in the civil service laws, it is intended to operate in the same manner as the law has developed (in cases of suspension involving a

reasonable cause to believe that a crime has been committed) in

the Merit Systems Protection Board and Federal courts of appeals.

In those cases, the agency must show that it has a reasonable belief that the individual has committed a crime for which a term of

imprisonment may be imposed and that it would ‘‘promote the efficiency of the service.’’ To show that a suspension promotes the efficiency of the service, the ‘‘agency must establish a nexus between

. . . [the] acts of misconduct and the employee’s job responsibilities.’’ Pararas-Carayannis v. Dep’t of Commerce, 9 F.3d 955, 957

(Fed. Cir. 1993). The committee intends that the same nexus between the misconduct and the employee’s duties be demonstrated

in suspensions under this section.

Accordingly, the committee expects that suspensions will be imposed only in cases of serious crimes that bear a ‘‘sufficient relationship’’ to the employee’s duties. Dunnington v. Dep’t of Justice,

956 F.2d 1151, 1156 (Fed. Cir. 1992). In some cases, as the courts

have held, ‘‘egregious criminal conduct’’ will justify a presumption

that the nexus requirement has been satisfied, even if it occurred

off-duty. Sanders v. U.S. Postal Service, 801 F.2d 1328, 1332 (Fed.

Cir. 1986). A suspension may be indefinite, but it is not unlimited.

Once the criminal case is concluded, the agency must make a decision on the employee’s status within a reasonable period of time.

Richardson v. Customs Service, 47 F.3d 415, 419 (Fed. Cir. 1995).

If there is an acquittal and the employee is reinstated, the employee may receive back pay, either under the Back Pay Act, Richardson, 47 F.3d at 421, or Section 2(o) of the State Department

Basic Authorities Act of 1956.

Sec. 309. Separation of lowest-ranked Foreign Service members

This section modifies existing personnel review procedures that

require Foreign Service promotion panels to ‘‘low rank’’ five percent

of every Foreign Service class. Under a law enacted in 1998, if a

member is low ranked twice in five years, the Secretary must recommend separation (those so ranked are referred to a separate

panel for consideration of whether they should be retained in the

Service). The provision in this bill reduces the low ranking requirement from 5 percent to 2 percent. The committee is persuaded,

based on the experience of the last several years, that 2 percent is

a more appropriate standard.

Sec. 310. Clarification of Foreign Service Grievance Board procedures

This section allows the Foreign Service Grievance Board to retain

an employee on the payroll while a grievance is being reviewed

until a final decision is rendered on the merits of the case before

15

the Board. This section corrects an unintended error in the conforming amendment made in Section 314 of the Foreign Relations

Authorization Act of FY 2003 (P.L. 107-228) regarding separation

for cause.

Sec. 311. Repeal of requirement for recertification process for Members of the Senior Foreign Service

This section repeals the requirement in Section 305(d) of the Foreign Service Act of 1980 that requires members of the Senior Foreign Service to be subjected to a recertification process that is

equivalent to the recertification process for members of the Senior

Executive Service. Such a process is no longer required for the Senior Executive Service, as it was repealed by Section 1321 of the

Homeland Security Act of 2002.

Sec. 312. Deadline for issuance of regulations regarding retirement

credit for Government service performed abroad

This section establishes a deadline of 60 days for the issuance of

regulations to implement Section 321 of the Foreign Relations Authorization Act, Fiscal Year 2003 (P.L. 107–228), which provides for

retirement credit for part-time, intermittent, or temporary (PIT)

employees who worked for the Department of State overseas as

part of the spousal employment program in the 1990s.

Sec. 313. Worldwide availability

This section clarifies that persons entering the Foreign Service

must be available to serve worldwide and that the Secretary of

State, through the Department’s Office of Medical Services, determines whether candidates meet medical standards for worldwide

availability. In line with current practice, the provision gives the

Secretary, and the head of each of the respective agencies that hire

Foreign Service personnel, discretion to waive the worldwide availability requirement to fulfill a compelling need of the Service.

Sec. 314. Technical amendments to Title 5 provisions on recruitment, relocation, and retention bonuses

Sections 5753 and 5754 of Title 5 were amended by Section 101

of the Federal Workforce Flexibility Act of 2004 to prohibit payment of recruitment, retention, and relocation benefits to persons

holding positions to which they were appointed by the President

with the advice and consent of the Senate. This technical amendment would amend sections 5753 and 5754 to clarify that they do

not preclude the Department of State from offering such benefits

to members of the Foreign Service, who are by definition appointed

by the President with the advice and consent of the Senate under

section 302(a)(1) of the Foreign Service Act of 1980.

Sec. 315. Limited appointments in the Foreign Service

This section codifies the State Department’s practice of requiring

specialist limited non-career appointees to have a one-year break in

service after completion of a five-year limited appointment before

assuming a new limited appointment. In addition, it authorizes the

Department to extend limited appointments of career Foreign Service candidates, now capped at five years, in narrowly defined cirVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 FAA06.TXT SFRELA2 PsN: SFRELA2
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cumstances such as in cases where the officer is called to active

duty military service or to remedy a grievance. The amendment

further affords the Secretary the administrative flexibility to extend limited appointments upon a determination of exceptional circumstances and the needs of the Service.

Sec. 316. Personal service contractors

This section establishes a demonstration program permitting the

State Department to hire personal service contractors (PSCs) for

the Office of the Inspector General. No more than 20 PSCs may be

employed at any one time, and the contract length for each PSC

may not exceed two years, with up to one additional year possible

in exceptional circumstances. This authority expires on December

31, 2007 and the PSC contracts may not remain in effect beyond

June 30, 2008.

Sec. 317. Disclosure requirements applicable to proposed recipients

of the personal rank of Ambassador or Minister

This section modifies existing law related to conferral of the personal rank of Ambassador. Under Section 302 of the Foreign Service Act of 1980, the President may confer such rank, without the

advice and consent of the Senate, for special missions not exceeding

six months in duration. When the President makes such a designation, he is required to submit certain information about the individual and the special mission to the Committee on Foreign Relations. This provision makes clear that the President shall submit

to the committee a financial disclosure statement completed by the

individual.

Sec. 318. Provision of living quarters and allowances to the United

States Representatives to the United Nations

This provision increases from 30 to 40 the number of U.S. government officials who may be provided housing by the Secretary of

State while serving at the U.S. mission to the United Nations in

New York City. It also makes the allowance for housing not taxable, consistent with the overseas housing benefit. These changes

reflect the committee’s desire to ease difficulties in recruiting the

best staff available to work in New York for two or three-year assignments and to promote effective diplomacy at the United Nations.

TITLE IV—INTERNATIONAL ORGANIZATIONS

Sec. 401. Limitation on the United States share of assessments for

United Nations peacekeeping operations

This section would establish a permanent ceiling of 27.1 percent

on U.S. payments to the United Nations peacekeeping budget. The

committee is concerned by recent, credible reports of sexual abuse

carried out by U.N. peacekeepers in missions in Haiti and the

Democratic Republic of the Congo. Such abuses are deplorable and

the guilty must be held accountable, in accordance with the United

Nation’s zero-tolerance policy for sexual abuse. At the same time,

the committee recognizes that these 200-some cases represent a

small percentage of the more than 65,000 U.N. peacekeepers and

17

civilian police who are currently deployed and serving with honor

and distinction in sixteen critical operations worldwide. The committee notes that U.N. peacekeeping missions are established with

the concurrence of the United States government, which can veto

a mission to which it objects. These missions provide a force multiplier in cases where a significant number of U.S. troops may be unavailable but where it is in the U.S. national interest to see order

restored and maintained, for example, in such places as Liberia,

Sudan, Kosovo, Haiti and the Pakistan/India border.

Sec. 402. REDI Center

This section authorizes U.S. participation in the Regional Emerging Disease Intervention (REDI) Center in Singapore. There is no

authorization of appropriations needed as the Center is expected to

be funded by Singapore. Given recent outbreaks of SARS and avian

flu in the region, the committee fully supports U.S. participation in

such activities.

Sec. 403. Report to Congress on implementation of the Brahimi Report

This section requires the Secretary of State to submit a report

to the appropriate congressional committees that assesses the U.N.

implementation of the recommendations of the 2000 Report of the

Panel on United Nations Peace Operations (known as the ‘‘Brahimi

Report’’). The committee recognizes the importance of the U.N.

peacekeeping operations, including their capability to deploy civil

police forces in post-conflict stabilization missions. The committee

believes that the report required by this section will contribute to

its oversight of U.S. efforts and support for implementing any outstanding recommendations of the 2000 Brahimi assessment.

Sec. 404. Sense of Congress on the United Nations budgetary discipline and management reform

This section expresses the sense of Congress that the United Nations should comply with its commitments to budgetary discipline

and management reform.

TITLE V—BROADCASTING BOARD OF GOVERNORS

Sec. 501. Short title

This provision designates the short title of Title V of the bill.

Sec. 502. Middle East broadcasting networks

This section amends the United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) to authorize the Middle

East Broadcasting Networks (MBN) as a non-federal grantee organization and to formally establish the MBN in permanent law.

Congress has previously appropriated funds on an annual basis to

the BBG for the MBN’s two TV channels (Alhurra and Alhurra

Iraq) as well as Radio Sawa, all broadcasting in Arabic.

MBN is consistent with other independent, not-for-profit broadcasting entities supervised by the BBG, and is required to meet the

same standards and broadcasting principles. The annual grants to

MBN by the BBG will be subject to auditing by the Comptroller

18

General of the United States and inspection by the Inspector General of the Department of State.

Sec. 503. Improving signal delivery to Cuba

Jamming has been a problem since Radio Marti began broadcasting into Cuba in May 1985. This section authorizes the Office

of Cuba Broadcasting to use additional AM frequencies, as well as

FM and shortwave frequencies. Currently, Radio Marti is required

to utilize the broadcasting facilities at Marathon, Florida, and the

1180 AM frequency that was used by VOA prior to the enactment

of the Radio Broadcasting to Cuba Act, unless broadcasts are

jammed.

Sec. 504. Extending authority for Radio Free Asia

This section extends from September 30, 2009, to September 30,

2015, the Broadcasting Board of Governors’ existing authority to

make grants for the purpose of operating Radio Free Asia.

Sec. 505. Personal Services Contracting Program

The committee previously authorized a pilot program allowing

the BBG to hire 60 U.S. citizens or foreign nationals on contract

rather than as full-time government employees. This provision

gives the BBG permanent authority to hire 100 such personnel.

Such authority gives the BBG the flexibility to hire, for the short

or medium-term, broadcasters and on-air hosts in difficult languages, some with many dialects. The BBG used the authority for

surge capacity in Urdu and Arabic and extra hiring to enhance

broadcasting into Zimbabwe, a flexibility that this provision will

expand and make permanent.

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

This section authorizes the expenditure of funds for the purpose

of providing education allowances for dependents of Broadcasting

Board of Governors personnel employed in the Northern Mariana

Islands.

Sec. 507. Exemption from numerical limitations for temporary

workers

This section adds the BBG to the list of organizations eligible to

utilize the H–1B visa without regard to the cap on such visa entrants. The H–1B visa, available for up to six years, is for temporary workers in ‘‘specialty’’ occupations. The current statutory

cap, intended to provide job protection for U.S. citizens, is 65,000

and that annual quota was filled on the first day it was made

available in 2005. The BBG, which needs broadcasters and editors

with special language and dialect skills, as well as first-hand

knowledge of the countries to which they broadcast, serves an important government purpose; this exemption does not undermine

the purpose of the numerical limit. The use of this authority is expected to be minimal. In the last decade, Radio Free Europe/Radio

Liberty has used just one H-1B visa; Radio Free Asia expects to

use five to ten such visas per year.

19

TITLE VI—CONSULAR AUTHORITIES

Sec. 601. Technical amendments to Intelligence Reform and Terrorism Prevention Act of 2004

This section makes a number of minor and technical amendments to the Intelligence Reform and Terrorism Prevention Act of

2004 (the Intelligence Act):

• It amends section 7209(d) of the Intelligence Act to include the

Secretary of Homeland Security, who has the authority under

section 233 of the Immigration and Nationality Act to make

agreements with the airlines on secure transit passage areas.

• It amends section 7201(c) of the Intelligence Act to require that

technologies acquired and deployed under a plan required by

that section be compatible with systems used by the Department of State, to the extent feasible, in addition to those of the

Department of Homeland Security.

• It amends section 5506 of the Intelligence Act to require the

Attorney General to consult with the Secretary of State on a

report required under that section that addresses implementation of inadmissibilities for visa processing, among other topics.

Sec. 602. International student exchange programs

This section addresses concerns regarding recent decline in the

enrollment of foreign students in the United States and requires a

report from the State Department that will analyze the issue.

TITLE VII—RECONSTRUCTION AND STABILIZATION

Sec. 701. Short title

This section designates the short title for Title VII of this bill.

Sec. 702. Finding; purpose

This section lists findings that explain the need for legislation

and the purpose of such legislation.

Sec. 703. Definitions

This section provides definitions of certain terms in the bill.

Sec. 704. Sense of Congress

This section states the sense of Congress that there are multiple

ways to improve stabilization and reconstruction activities; specifically:

(1) Strengthening the civilian elements to respond to stabilization and reconstruction crises overseas;

(2) Establishing a new system of planning, organization, personnel policies, education and training and the provision of

adequate resources;

(3) Encouraging the international community, including nongovernmental organizations and the United Nations and its

specialized agencies, to participate;

(4) Urging the President to establish a new directorate of

stabilization and reconstruction activities within the National

Security Council;

20

(5) Urging the President to establish a standing committee

to oversee the formulation and execution of stabilization and

reconstruction policy, chaired by the National Security Advisor

with membership of appropriate agencies;

(6) Establishing a personnel exchange program between the

Department of State, USAID, and the Department of Defense

to enhance the stabilization and reconstruction skills of military and civilian personnel and their ability to undertake joint

operations. Personnel exchanges should include exchanges to

regional and specialized commands, as well as joint and service

schools, to ensure a broader base of interaction among agencies;

(7) Urging other civilian agencies to work with the Department of Defense to establish similar exchange programs.

Sec. 705. Authority to provide assistance for reconstruction and stabilization crises

This section provides the President with the authority, after consultations with Congress, to determine that it is in the national interest to provide assistance to a country or region that is in, or

transitioning from, conflict or civil strife, and to provide such assistance from the $100 million emergency fund authorized in this

section, in addition to amounts otherwise made available for such

purposes, as well as from commodities and services from the inventory of Federal agencies. The funding mechanism and the authority

to replenish funds in this section are similar to current authorities

that are used to respond to refugee and migration crises, but the

exercise of the authority has been made subject to certain conditions required by Section 614 of the Foreign Assistance Act of 1961,

an extraordinary authority that is used sparingly and only after extensive consultations with Congress. The committee intends that

this authority be exercised in the same manner as Section 614. The

provision authorizes the annual replenishment of the emergency

fund without fiscal year limitations.

U.S. funding mechanisms for post-conflict operations can lack

flexibility and effective mechanisms for emergency contracting and

procurement. The funds in this section are intended to provide a

quick start on such time-sensitive activities as the restoration of

public order, political and civic reorganization, humanitarian aid,

infrastructure repair and the re-establishment of basic services.

Sec. 706. Office of the Coordinator for Reconstruction and Stabilization

Subsequent to committee passage of S. 2127, the Stabilization

and Reconstruction Civilian Management Act of 2004, the executive branch in July 2004 created a new ‘‘Office of the Coordinator

for Reconstruction and Stabilization’’ within the State Department

headed by a Coordinator who is appointed by the Secretary. This

section bases the creation of the office in permanent law. The section states that the Coordinator will report directly to the Secretary, have the rank of ‘‘Ambassador-at-Large,’’ and will be appointed with the advice and consent of the Senate. It also states

that the President may designate either the Coordinator or another

individual to take the lead in particular crises.

21

This section outlines several functions of the Office of the Coordinator for Reconstruction and Stabilization in both non-emergency

and emergency situations.

This section is not intended to limit the prerogatives of the President by pre-determining either the agency to lead a stabilization

and reconstruction effort or the individual to be placed in charge.

Sec. 707. Response Readiness Corps

This section authorizes the Secretary of State, in coordination

with the USAID Administrator, to establish a Response Readiness

Corps that consists of both active duty and reserve personnel. The

active duty component of the Corps would consist of up to 250 individuals specially recruited to be the civilian vanguard of stabilization and reconstruction emergency missions. The reserve component would be made up of federal and at least 500 non-federal employees who have volunteered for deployment and have the skills

and training to provide assistance in support of stabilization and

reconstruction activities overseas. The section also creates employment authorities and establishes reporting requirements on the establishment of the Corps.

Sec. 708. Stabilization and reconstruction training and education

This section gives the Secretary of State, in cooperation with Secretary of Defense and the Secretary of the Army, the authority to

develop and establish new training curricula for use in programs

administered by the Foreign Service Institute, the National Defense University, and the United States Army War College. The

section cites illustrative contents of such a training curriculum.

Sec. 709. Service related to stabilization and reconstruction

This section is designed to encourage service in stabilization and

reconstruction activities overseas, which may fall outside the normal career path of Foreign Service officers and USAID personnel.

It designates that certain service or assignment in these areas

should be considered among the favorable factors for promotion of

employees of Executive agencies. In terms of training and promotion, this section describes steps that the Secretary of State and

USAID Administrator should take to ensure that employees are

properly trained and identified for deployment in support of the

Corps. This training should also be provided to Ambassadors and

Deputy Chiefs of Mission.

The U.S. Government should place a high premium on developing competency in the skills necessary to anticipate and address

crises. Critical to the establishment of an effective cadre of people

with special skills, experience, interest, and commitment needed

for such challenging missions is the appropriate recognition of such

service as professionally rewarding. The environment in which civil

servants, Foreign Service officers, and others perform and advance

must be flexible enough to allow for success for personnel who follow less traditional career paths and who may not reach executive

management positions because of the unpredictable nature of their

deployments. Incentives within all agencies must recognize the

value of personnel committed to these challenging tasks. This secVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 FAA06.TXT SFRELA2 PsN: SFRELA2
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tion authorizes the creation of incentives and benefits as appropriate to recognize and reward participants.

Sec. 710. Authorities related to personnel

This section provides personnel authorities to the Secretary intended to provide flexibility, allow for short-term and medium-term

staffing, and strengthen surge capacity in fulfilling the Department’s new reconstruction and stabilization mission. It grants authorities for the hiring of 100 employees on contract, the engagement of experts and consultants for 60-day periods, and the detailing of employees from other executive agencies, the uniformed services and State and local governments. The section also provides

certain waiver authorities for dual compensation prohibitions for

annuitants under the Foreign Service Retirement and Disability

System and Foreign Service Pension System. The Secretary may

extend benefits to any individual deployed under this Act as provided in the Foreign Service Act just as they are applicable to

members of the Foreign Service.

This section also authorizes compensatory time off for individuals

assigned, detailed or deployed to carry out stabilization and reconstruction activities under this Act. The section also authorizes the

acceptance of volunteer services and outlines the exceptions under

which a person who volunteers may be considered a federal employee. It provides authority to the Secretary to establish temporary commissions of experts to advise the Department on stabilization and reconstruction and exempts their deliberations from

Federal Advisory Committee Act requirements.

Sec. 711. Authorization of appropriations

This section authorizes $24 million for fiscal year 2006 and such

sums as may be necessary for 2007 for personnel, education and

training, equipment, and travel costs for the reconstruction and

stabilization activities of the office.

TITLE VIII—MISCELLANEOUS PROVISIONS AND REPORTING

REQUIREMENTS

Sec. 801. Reports on acquisition and major security upgrades

This section amends the reporting requirement on the embassy

construction and security program under section 605(c) of the Foreign Relations Authorization Act for Fiscal Year 2000–2001 from a

semi-annual to an annual report, due on December 1. The committee expects that the State Department will continue to keep

Congress informed of its building plans throughout the year

through other avenues, including the budget estimate and financial

plans transmitted 60 days after enactment of the Commerce, Justice and State appropriations bills, reprogramming for deviations

from the financial plan, the Long-Range Overseas Buildings Plan,

and congressional briefings.

Sec. 802. Fellowships for multidisciplinary training on nonproliferation issues

This section authorizes the Secretary of State to expend $2 million to organize a new program on non-proliferation, bringing forVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 FAA06.TXT SFRELA2 PsN: SFRELA2
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eign students to U.S. centers and academic institutions who specialize in non-proliferation studies to encourage and build a cadre

of experts whose future careers would be devoted to addressing the

risk that weapons of mass destruction pose.

It is intended to encourage eligible students to pursue careers in

nonproliferation by providing funds for graduate fellowships, including work-study funds for on-the-job training and research assistant positions at U.S. institutions of higher education that focus

on nonproliferation studies.

Sec. 803. Reporting requirements related to United States International Agreements

This section makes two changes to the Case-Zablocki Act (1

U.S.C. 112b), which requires that the texts of international agreements other than treaties be provided to the Congress. The first

provides that such agreements be provided directly to the Committee on Foreign Relations and the House Committee on International Relations. The second changes an annual reporting requirement under the Act. Under current law, the report is submitted by the President; this section changes the law to require

that the Secretary of State submit it instead.

Sec. 804. Requirement to submit to Congress findings under the

Diplomatic Security Act

This section amends the provision in the Diplomatic Security Act

related to Accountability Review Boards. Under the Act, enacted in

1986, the Secretary of State must convene such a board whenever

there is a case of serious injury, loss of life, or significant destruction of property at, or related to, a U.S. Government mission

abroad, and in any case of a serious breach of security involving

intelligence activities of a foreign government directed at a U.S.

Government mission abroad. The provision applies only to facilities

under the control of the chief of mission. Under current law, any

program recommendations made by the Board are submitted to the

Secretary of State. The Secretary then provides to Congress a report on each such recommendation and the action taken with respect to that recommendation. This section requires the Board to

also submit its program recommendations directly to the appropriate congressional committees.

Sec. 805. Requirement for additional report concerning efforts to

promote Israel’s diplomatic relations with other countries

This section extends a reporting requirement outlining efforts

undertaken to promote Israel’s diplomatic relations with nations

around the world.

Sec. 806. Sense of Congress relating to Magen David Adom Society

This section reconfirms a previously enacted sense of the Congress provision that calls upon the International Committee of the

Red Cross to recognize the Magen David Adom Society and states

that the United States should continue to press for such recognition.

24

Sec. 807. Limitation on use of funds relating to United States policy

with respect to Jerusalem as the capital of Israel

This section reaffirms previous congressional views on the recognition of Jerusalem as the Israeli capital.

Sec. 808. Authorization of appropriations for the United States

Commission on International Religious Freedom

This section authorizes appropriations for the Commission of $3

million for fiscal year 2006 and such sums as may be necessary for

fiscal year 2007.

Sec. 809. Sense of Congress on terrorist attack on United State Consulate Jeddah, Saudi Arabia

This section expresses the sense of Congress regretting the loss

of life in the December 2004 attack and lists the names of the Foreign Service Nationals employed by the Consulate who died in the

attack.

Sec. 810. Sense of Congress on participation of women in elections

in Saudi Arabia

This section expresses the sense of Congress that it is in the interest of Saudi Arabia to permit women to run for office and vote

in all future elections.

Sec. 811. Terrorism in West Africa

This section requires the Secretary of State, in consultation with

the other cabinet officials, to formulate a comprehensive 3-year

strategy to combat international terrorism in West Africa. The committee is concerned by reports of the rise of international terrorism

in this part of the world.

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V. DIVISION B—FOREIGN ASSISTANCE AUTHORIZATION ACT,

FISCAL YEAR 2006

(A) SUMMARY OF FUNDS

[in thousands of dollars]

FY 2005

estimate

FY 2006

request

Committee

mark

Child Survival & Health Programs

Fund (CSH) .......................................... 1,538 1,252 1,252

Global Fund to Fight AIDS, Tuberculosis, and Malaria 1 .......................... (248) (100) (100)

Development Assistance (DA) ................ 1,448 1,103 1,103

International Disaster and Famine Assistance ................................................. 485 656 656

Transition Initiatives .............................. 49 325 325

Development Credit Authority (DCA) ... 8 8 8

USAID Operating Expenses (OE) .......... 613 681 681

USAID Capital Investment Fund .......... 59 78 78

USAID Inspector General Operating

Expenses (IG) ....................................... 35 36 36

Economic Support Fund (ESF) .............. 2,481 3,036 3,036

Assistance for Eastern Europe and the

Baltic States (SEED) ........................... 393 382 382

Assistance for the Independent States

of the Former Soviet Union (FSA) ..... 556 482 482

Peace Corps ............................................. 317 345 345

Inter-American Foundation .................... 18 18 18

African Development Foundation .......... 19 19 19

Millenium Challenge Corporation ......... 1,488 3,000 3,000

International Narcotics Control and

Law Enforcement (INCLE) ................. 326 524 524

Andean Counterdrug Initiative (ACI) ... 725 735 735

Nonproliferation, Anti-Terrorism,

Demining (NADR) ............................... 399 440 440

Treasury Technical Assistance ............... 19 20 20

Debt Relief ............................................... 99 100 100

International Military Education &

Training (IMET) .................................. 89 87 87

Foreign Military Financing (FMF) ........ 4,745 4,589 4,589

Peacekeeping Operations (PKO) ............ 178 196 196

International Organizations & Programs (IO&P) ....................................... 326 282 282

Total .............................................. 16,413 18,394 18,394

1The administration requested $3.16 billion for international HIV/AIDS, tuberculosis, and malaria programs in FY2006, a 9 percent increase over the estimated amount to be provided in

FY2005. The request included $2.564 billion to be appropriated through the Foreign Operations

appropriations and $596 million through appropriations for the Departments of Labor and

Health and Human Services.

This bill authorizes part of this request through the Child Survival and Health (CSH) account

which includes the President’s request of $439 million for HIV/AIDS, tuberculosis, and malaria

programs. The authorized amount for the CSH account also includes $100 million for the Global

Fund to Fight AIDS, Tuberculosis, and Malaria. (The President requested $300 million to be appropriated for contributions to the Global Fund; the other $200 million is divided between the

Global HIV/AIDS Initiative ($100 million) and NIH/HHS ($100 million). The GHAI account, for

which the President requested $1.87 billion, is not authorized in this bill because it is already

authorized in the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of

2003 (P.L. 108–25).

26

(B) SECTION-BY-SECTION ANALYSIS

TITLE XXI—AUTHORIZATION OF APPROPRIATIONS

Subtitle A—Development Assistance and Related Programs

Authorizations

Sec. 2101. Development assistance

This section authorizes the appropriation of $1,103,233,000 for

Development Assistance programs in Fiscal Year 2006 and such

sums as may be necessary for fiscal year 2007, including programs

in the agriculture, education, and environment sectors, as well as

the Development Fund for Africa. While this amount is substantially less than what was appropriated last year, it reflects, in part,

the administration’s request that $275,000,000 that was formerly

in the Development Assistance account be appropriated in the

Transition Initiatives account for Ethiopia, Sudan, Afghanistan,

and Haiti. Although there are various separate accounts in the Foreign Assistance Act authorizing Development Assistance, funding

for those accounts has been consolidated into this single account

and appropriated in this manner in recent years.

The committee recognizes the important contributions made to

U.S. foreign policy interests by institutions funded by the American

Schools and Hospitals Abroad (ASHA) program. These ASHA institutions nurture democracy and tolerance by educating successive

generations of leaders who are committed to American values and

who understand the tangible economic, political, and social benefits

that a commitment to democracy produces. Those institutions

which provide health care services and study endemic diseases also

advance American humanitarian goals and win friends for the

United States by addressing pressing public health problems

among the people they serve. At a time when American values are

facing violent challenge abroad, the committee expects that USAID

will take steps to assure increased support for these institutions.

The committee is concerned by the continuing reductions in the

democracy and governance accounts at USAID, particularly given

the administration’s desire to promote democracy, an objective

shared by the committee. The committee believes that enlarging

the community of democratic nations worldwide is critical to our

long-term domestic and foreign policy objectives.

Sec. 2102. Child survival and health programs fund

This section authorizes the appropriation of $1,251,500,000 for

child survival, health, and family planning programs for fiscal year

2006 and such sums as may be necessary for fiscal year 2007.

While this amount is substantially less than what was appropriated last year, it reflects, in part, the administration’s request

that $170,000,000 that previously was appropriated in this account

be appropriated in the Global HIV/AIDS Initiative account for the

15 focus countries of the President’s Emergency Plan for AIDS Relief. This account provides funding for a variety of accounts that

are separately authorized in the Foreign Assistance Act but have

been appropriated out of this single account in recent years.

27

Sec. 2103. Development credit authority

This section amends the Foreign Assistance Act to provide the

President authority to provide assistance in the form of loans and

partial loan guarantees to private lenders in developing countries

to achieve economic development purposes. Authority for this program has been included in appropriations acts over the past several years. This section also provides that not more than

$21,000,000 of funds available for the purposes of economic assistance under the Foreign Assistance Act and for assistance under the

Support for Eastern European Democracy Act in fiscal year 2006

and such sums as may be necessary for fiscal year 2007 may be

transferred for use under this section. It further authorizes the appropriation of $8,000,000 for administrative expenses to carry out

this section for fiscal Year 2006 and such sums as may be necessary for fiscal year 2007.

This section contains provisions designed to limit the financial

risk to the United States under this program, similar to limitations

that have been applied under the authority contained in annual appropriations acts. Specifically, these provisions limit the exposure

of the United States to 70 percent of the risk of any one project,

and the amount of loans made or guaranteed, with respect to any

single country or borrower, to $100,000,000. The latter limitation

is consistent with current law. The former limitation is derived

from a USAID regulation now in place for this program, which limits U.S. Government’s share of the risk to 50 percent, unless the

Chief Financial Officer of the Agency approves a higher level of

risk.

Sec. 2104. Program to provide technical assistance to foreign governments and foreign central banks of developing or transitional countries

This section authorizes the appropriation of $20,000,000 for fiscal

year 2006 and such sums as may be necessary for fiscal year 2007

for the Department of the Treasury’s program to provide technical

assistance to foreign governments and foreign central banks in developing or transitional countries.

Sec. 2105. International organizations and programs

This section authorizes the appropriation of $281,908,000 for fiscal year 2006 and such sums as may be necessary for fiscal year

2007 for voluntary contributions to international organizations and

programs.

Sec. 2106. Continued availability of certain funds withheld from

international organizations

This section amends Section 307 of the Foreign Assistance Act to

add a new subsection. Under that section, certain voluntary U.S.

contributions to international organizations are withheld; these are

the proportionate U.S. share of programs in certain countries. Section 2106 extends the availability of such funds until the end of the

following fiscal year for which such funds were appropriated.

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Sec. 2107. International disaster and famine assistance

This section authorizes the appropriation of $655,500,000 for fiscal year 2006 and such sums as may be necessary for fiscal year

2007 for international disaster and famine assistance.

Sec. 2108. Transition initiatives

This section authorizes the appropriation of $325,000,000 for fiscal year 2006 and such sums as may be necessary for 2007 for the

Transition Initiatives Program administered by USAID, including

assistance to develop, strengthen and preserve democratic institutions and processes, revitalize basic infrastructure, and foster the

peaceful resolution of conflict. This amount reflects the administration’s request that $275,000,000 that was formerly appropriated in

the Development Assistance account be appropriated in this account for Ethiopia, Sudan, Afghanistan, and Haiti. Although this

program is not currently authorized in the Foreign Assistance Act,

funds have been appropriated for this activity since 1994 when

USAID established the Office of Transition Initiatives and it is

therefore appropriate to authorize in this bill.

Sec. 2109. Assistance for the Independent States of the Former Soviet Union

This section authorizes the appropriation of $482,000,000 for fiscal year 2006 and such sums as may be necessary for fiscal year

2007 for programs in the Freedom Support Act (FSA) account for

the Independent States of the former Soviet Union, the level requested by the President. This request is $74,000,000 below the

Fiscal Year 2005 level for this account and substantially lower than

the FY04 request.

The committee expresses concern about continued reductions to

the Freedom Support Act. The committee urges the Administration

to consider the harm its proposed cuts in funding assistance could

have on U.S. interest in stability, democracy and market reform in

the Independent States.

The U.S. Agency for International Development has funded a

pilot program in Ukraine to establish a national birth defects surveillance system, and a folic acid wheat flour fortification program

to prevent spina bifida and other serious birth defects. It is scientifically proven that folic acid fortification of flour, as practiced in the

United States and many other countries, can prevent nearly 80

percent of instances of spina bifida and serious birth defects, and

lower blood levels of homocysteine, a risk factor for heart disease.

Important scientific research and institutional administrative relationships have been established with Ukrainian officials and counterparts in other states of the former Soviet Union. A number of

officials in former Soviet governments have expressed a desire to

participate in a multi-country program modeled on the Ukrainian

pilot program. The committee believes that the Ukrainian pilot program should be rapidly and cost effectively expanded in Ukraine

and into other states of the former Soviet Union focused on reducing the occurrence of serious birth defects.

29

Sec. 2110. Assistance for Eastern Europe and the Baltic States

This section authorizes the appropriation of $382,000,000 for fiscal year 2006 and such sums as may be necessary for fiscal year

2007 for the Support for Eastern Europe Democracies (SEED) account, the level requested by the President. This request is

$11,000,000 below the Fiscal Year 2005 level for this account and

substantially lower than previous years.

The committee expresses concern about continued reductions to

the SEED account. The committee believes this account funds programs that are critical to sustaining South East Europe’s transition

to democracy, market economies, and regional stability.

Sec. 2111. Operating expenses of the United States Agency for International Development

This section authorizes the appropriation of $680,735,000 for fiscal year 2006 and such sums as may be necessary for fiscal year

2007 for the operating expenses of the United States Agency for

International Development. In addition, $36,000,000 is authorized

to be appropriated for costs of the Office of Inspector General of the

Agency for fiscal year 2006 and such sums as may be necessary for

fiscal year 2007.

Sec. 2112. Capital Investment Funds for USAID

This section authorizes the appropriation of $77,700,000 for fiscal

year 2006 and such sums as may be necessary for fiscal year 2007

for overseas construction and related costs and for enhancement of

information technology and related investments at the U.S. Agency

for International Development.

Sec. 2113. Millennium Challenge assistance

This section authorizes the appropriation of $3,000,000,000 for

the Millennium Challenge Account for fiscal year 2006 and such

sums as may be necessary for fiscal year 2007.

Sec. 2114. Debt relief

This section authorizes the appropriation of $99,750,000 for fiscal

years 2006 and 2007 for debt relief under the Tropical Forest Conservation Act of 1998, poorest country debt reduction, bilateral

Heavily Indebted Poor Countries (HIPC) debt reduction, and the

HIPC Trust Fund administered by the International Bank for Reconstruction and Development.

The international community’s approach to treating the debt of

the poorest countries with debt servicing problems has evolved substantially in the last decade. It culminated in 1999 with the Enhanced HIPC Initiative, which was launched to provide deeper,

broader, and faster debt reduction for the poorest heavily indebted

countries committed to economic reform and poverty reduction. The

HIPC Trust Fund allows regional development banks and other

multilateral institutions to meet the costs of providing debt reduction to heavily indebted poor countries committed to economic, social and governance reforms. Official bilateral creditors contribute

to the HIPC trust as well as reduce their bilateral claims.

The Tropical Forest Conservation Act (TFCA) which was enacted

in 1998 to offer eligible developing countries options to relieve cerVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00029 Fmt 6659 Sfmt 6602 FAA06.TXT SFRELA2 PsN: SFRELA2
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tain official debt owed to the U.S. while at the same time generating funds to support local tropical forest conservation activities.

A TFCA agreement can be structured as a debt reduction, a debt

buyback, or a debt-for-nature swap. Local currency funds generated

by a TFCA agreement may be used for a broad variety of in-country forest conservation activities, including forest restoration, implementation of sound natural resource management systems, establishment and maintenance of parks and protected areas, training in conservation management, protection of animal and plant

species, research on medicinal uses of tropical forest plants, and development and support of the livelihoods of people and local communities in or near a tropical forest.

Sec. 2115. Peace Corps

This section authorizes the appropriation of $345,000,000 for fiscal year 2006 and such sums as may be necessary for fiscal year

2007 for the Peace Corps.

Sec. 2116. Middle East Partnership Initiative

The committee strongly supports modernization and reform efforts in the Middle East and North Africa through the Middle East

Partnership Initiative. This section outlines the purposes authorized for assistance under the Middle East Partnership Initiative,

including: help in achieving broad-based, multi-ethnic, gender-sensitive, and fully representative governments; modernizing institutions and infrastructure to meet political, educational, health and

economic needs; filling the gaps identified in the Arab Development

Reports of 2002 and 2003; and support of economic development to

create jobs, educating and training women in the labor force, enhance health care; and creating an environment which encourages

investment in the region. The committee authorizes the use of

$120,000,000 in Economic Support Funds for the Middle East Partnership Initiative programs and activities. Finally, to facilitate

Congressional oversight, this section also requires the Secretary of

State to provide a report on the Middle East Partnership Initiative

to appropriate Congressional committees 180 days after the date of

enactment of the Act, and annually thereafter.

The committee recognizes that foreign assistance to countries of

the Middle East and North Africa for these same purposes, i.e., political reform, economic reform, educational reform and women’s

empowerment, should be considered part of a coordinated, coherent, integrated strategy to meet U.S. foreign policy objectives. The

committee urges the administration to establish a coordinating

mechanism for related assistance programs under this Act with the

Middle East Partnership Initiative to prevent duplication and ensure effective use of assistance resources.

Sec. 2117. Assistance to combat the avian flu

This section authorizes $25,000,000 in International Famine and

Disaster Assistance to prevent and respond to a possible outbreak

of the avian flu, which is one-fourth of the $100,000,000 called for

by the World Health Organization in February 2005. The committee notes that these authorized funds are in addition to what

31

the U.S. government is already spending on programs to combat

the avian flu.

This section also directs the formation of a senior-level, interagency task force, composed of the Assistant Secretaries of State,

Agriculture, Health and Human Services, and other appropriate officials, to coordinate U.S. policy toward combating the avian flu.

The committee is concerned that a possible outbreak of the avian

flu could impact millions of people worldwide.

Subtitle B—Counternarcotics, Security Assistance, and Related

Programs Authorizations

Sec. 2121. International narcotics control and law enforcement

Subsection (a) of this section authorizes the appropriation of

$1,258,374,000 for fiscal year 2006, of which $734,500,000 is authorized to be appropriated for the Andean Counterdrug Initiative,

and such sums as may be necessary for fiscal year 2007 for international narcotics control and law enforcement assistance.

Subsection (b) restates current law by permitting funds under

this section to be provided for assistance to the Government of Colombia and used, notwithstanding any other provision of law, to

support a unified campaign against narcotics trafficking and terrorist activities, and to take actions to protect human health and

welfare in emergency circumstances. The provision maintains the

ceiling of 800 military personnel and 600 U.S. civilian contractors.

This precludes their participation in any combat operation in connection with such assistance. It also continues conditions on assistance with respect to the Government of Colombia’s human rights

practices which are currently in effect for fiscal year 2005.

The committee notes its interest in supporting, through funding,

a program to implement the demobilization of AUC paramilitary

combatants, and that such a process be conducted pursuant to a

comprehensive legal framework, as determined by Colombians

through good faith negotiations with the Colombian Congress. If

the United States is to fund a significant share of the demobilization program, however, it should meet certain minimal standards.

The committee believes it imperative that any demobilization program bring about the full dismantlement of the underlying structure, illegal sources of financing, and economic power of the AUC,

which have been designated by the United States as a Foreign Terrorist Organization (FTO). In this regard, the committee believes it

is crucial that each paramilitary seeking sentence reductions or

other benefits from demobilization be required to forfeit illegally acquired assets, confess past crimes, and fully disclose any knowledge

of the operative structure, financing sources, and the criminal activities of the FTO and its individual members. Each demobilized

AUC member’s benefits should be fully revocable if judicial authorities find that he has failed to fulfill these requirements.

The committee believes it is critical that the groups of AUC leaders who receive sentence reductions or other benefits fully demobilize and comply with the cease-fire. The committee also believes

that all perpetrators of atrocities must serve a minimum number

of years in prison for their crimes. The committee urges the Government of Colombia to put in place effective mechanisms to monVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00031 Fmt 6659 Sfmt 6602 FAA06.TXT SFRELA2 PsN: SFRELA2
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itor demobilized individuals to prevent them from continuing to engage in organized criminal activity. Finally, the committee urges

the Government of Colombia to devise a legal framework that can

be equally applicable to other FTOs in Colombia, such as the

FARC.

The committee notes its interest in supporting a program to sustain effective and responsible counter-narcotics activities in Afghanistan, and that such activities be conducted pursuant to a

comprehensive strategy that is determined by consultation and

good faith negotiations with the Afghan government. The committee believes it important that the five-pillar strategy, currently

employed, continue to be measured and appropriate to the political

and social conditions of this fragile state as it transitions to a more

stable country. In this regard the committee feels that it is crucial

that any aerial eradication plan be endorsed by the government of

Afghanistan. The committee further believes capacity-building of

Afghan institutions is essential and that the strategy to counter

the narcotics trade and trafficking must be sustainable by the Afghans themselves over the long term.

Sec. 2122. Economic Support Fund

This section authorizes the appropriation of $3,036,375,000 for

fiscal year 2006 and such sums as may be necessary for fiscal year

2007 for Economic Support Fund (ESF) programs. ESF is also provided to support the Middle East peace process, including the administration’s efforts to make progress under the Road Map. The

committee notes the time sensitivity of this assistance and urges

the Administration to seize the opportunity presented by new leadership of the Palestinian Authority and use resources available

quickly to support political, economic and security reforms of the

Palestinian Authority.

Subsection (b) amends the Security Assistance Act of 2000 to authorize ESF assistance to continue strong support for Israel’s economic and political stability and to redress the economic impact of

Israel’s isolation in the volatile Middle East region. This assistance

contributes to Israel’s economic growth, enhances Israel’s ability to

repay its debt to the United States and opens new investment opportunities for U.S. investment and exports.

Subsection (c) amends the Security Assistance Act of 2000 to authorize ESF assistance to continue strong support for stability and

prosperity in Egypt. ESF is designed to invigorate economic development and foster economic, political and social reforms, alleviate

poverty, and support development of civil society and democratic

institutions and bolster public health services.

Sec. 2123. International Military Education and Training

This section authorizes the appropriation of $86,744,000 for fiscal

year 2006 and such sums as may be necessary for fiscal year 2007

for International Military Education and Training programs. This

section recommends that $2 million in International Military and

Education Training should be made available to Greece in 2006

and 2007.

Subsection (b) authorizes the use of these funds for training personnel of international organizations.

33

Sec. 2124. Peacekeeping Operations

This section authorizes the appropriation for fiscal year 2006 of

$195,800,000 and such sums as may be necessary for fiscal year

2007 for voluntary Peacekeeping Operations programs.

Sec. 2125. Nonproliferation, Anti-terrorism, Demining, and Related

programs

This section authorizes $440,100,000 for fiscal year 2006, which

reflects the President’s request, and such sums as may be necessary for fiscal year 2007 for the NADR account.

The committee notes that while these funds represent an increase of 10 percent over the fiscal year 2005 appropriated level,

they leave key nonproliferation programs underfunded. The Nonproliferation of WMD Expertise program has not been given the

funds needed to execute its program in Iraq under the Iraqi International Center for Science and Industry or to pursue fully the BioIndustry Initiative, as the Department of State acknowledges in its

budget submission. The committee would support increases over

the requested fiscal year 2006 level for these and other international nonproliferation activities.

Sec. 2126. Foreign Military Financing Program

Subsection (a) of this section authorizes the appropriation of

$4,588,600,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 for Foreign Military Financing programs.

Subsection (b) amends the Security Assistance Act of 2000 to authorize the appropriation for fiscal years 2006 and 2007 of FMF assistance for Israel, to require rapid disbursement of that assistance,

and to increase the level of offshore procurement allowable with

FMF funds made available in fiscal year 2006 for Israel.

Subsection (c) amends the Security Assistance Act of 2000 to authorize FMF assistance for Egypt and continues the requirement to

disburse such assistance for Egypt to an interest-bearing account.

Subtitle C—Independent Agencies Authorizations

Sec. 2131. Inter-American Foundation

This section authorizes the appropriation of $17,826,000 for fiscal

year 2006 and such sums as may be necessary for fiscal year 2007

for the Inter-American Foundation.

Sec. 2132. African Development Foundation

This section authorizes the appropriation of $18,850,000 for fiscal

year 2006 and such sums as may be necessary for fiscal year 2007

for the African Development Foundation.

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TITLE XXII—AMENDMENTS TO GENERAL FOREIGN

ASSISTANCE AUTHORITIES

Subtitle A—Foreign Assistance Act Amendments and Related

Provisions

Sec. 2201. Development Policy

This section amends the Foreign Assistance Act’s Statement of

Development Assistance Policy to recognize the importance of public-private partnerships in maximizing resources available for foreign assistance activities.

Sec. 2202. Assistance for nongovernmental organizations

This section amends the Foreign Assistance Act to make permanent an authority that has been contained for a number of years

in annual foreign assistance appropriations and which is similar to

the current Section 123(e) of the Foreign Assistance Act.

New subsection (e)(1) states that restrictions on assistance to a

country are not to be construed to bar assistance to that country

that is provided through non-governmental organizations using

funds provided for development assistance, assistance for Eastern

Europe and the former Soviet States, and Economic Support Fund

assistance.

New subsection (e)(2) requires notification to the relevant committees 15 days in advance of the obligation of funds pursuant to

this authority.

New subsection (e)(3) clarifies that this authority may not be

used to furnish assistance through non-governmental organizations

to the central government of a country. Although prohibitions on

assistance to the government of a country normally would apply to

all levels of government in a country, this provision makes it clear

that for purposes of the authority provided in this subsection, assistance through non-governmental organizations could be provided

to levels of government below the national level.

Consistent with the interpretation and application of similar provisions of law in the past, this provision would permit an NGO to

use government facilities, resources, and personnel in the implementation of the NGO’s program. For example, government

warehousing or cold storage facilities, medical facilities, and medical personnel, could be used by an NGO in support of the NGO’s

immunization program. However, decisions on how to implement

such a program, including where the program is to be conducted,

must be the decision of the NGO. Except in this and similar cases

where benefits from an NGO program are only incidentally conferred on the government of a country, assistance making use of

the authority provided by this section cannot be used to provide assistance to the central government of a country otherwise prohibited from receiving assistance.

Sec. 2203. Authority for use of funds for unanticipated contingencies

This section amends section 451 of the Foreign Assistance Act to

permit this authority to be applied to the use of funding made

available to carry out the Arms Export Control Act, and to raise

35

the annual ceiling on the use of this authority from $25,000,000 to

$50,000,000.

Sec. 2204. Authority to accept lethal excess property

This section amends section 482(g) of the Foreign Assistance Act

to permit the Secretary of State to receive lethal excess property

from other agencies of the U.S. Government for the purpose of providing such property to foreign governments. A similar provision

has been contained in appropriations acts. Currently, this authority

is limited to non-lethal excess property. This section also requires

the Secretary to notify the Congress before obligating funds to obtain excess lethal property under this section.

Sec. 2205. Reconstruction and famine assistance under International Disaster Assistance Authority

This section amends section 491 of the Foreign Assistance Act to

make clear that the authority in that section may be used to respond to famine, as well as other natural and manmade disasters

and may be used to provide for reconstruction of countries affected

by such crises. This section also amends the title of the account.

Sec. 2206. Funding authorities for assistance for the Independent

States of the Former Soviet Union

This section amends the Foreign Assistance Act to make permanent the authorities applicable to provision of assistance that are

contained in that Act. Appropriations acts since the inception of the

program for the independent states of the former Soviet Union

have continued these authorities.

Sec. 2207. Waiver of net proceeds resulting from disposal of United

States defense articles provided to a foreign country on a grant

basis

This section amends section 505(f) of the Foreign Assistance Act

to broaden the existing authority of the President to waive the requirement that net proceeds resulting from the disposal of defense

articles provided to a foreign country on a grant basis be paid to

the United States. Existing law limits the waiver authority to

items delivered before 1985.

Sec. 2208. Additions to United States War Reserve Stockpiles for fiscal years 2006 and 2007

This section extends through fiscal year 2007 the President’s authority to transfer excess items to the Department of Defense War

Reserve Stockpile.

Sec. 2209. Restrictions on economic support funds for Lebanon

This section amends section 1224 of the Foreign Relations Authorization Act, Fiscal Year 2003 (P.L. 107–228), to permit assistance to address the needs of southern Lebanon. The committee

notes that such assistance will be provided to non-governmental organizations that promote democracy and economic development.

Given scarce water resources and critical water management issues

in the region, water projects in southern Lebanon can help defuse

Lebanese-Israeli tensions in the region. Changes are occurring in

36

Lebanon’s government thus the committee urges review of Lebanon’s assistance requirements during this fiscal year.

Sec. 2210. Administration of Justice

This section amends section 534 of the Foreign Assistance Act to

provide for the continuation of the Administration of Justice program on a worldwide basis. The amendment deletes the sunset provision and the overall funding ceiling. The amendments made by

this section conform the Administration of Justice authority to that

provided in appropriations acts for many years.

Sec. 2211. Demining programs

Subsection (a) amends section 551 of the Foreign Assistance Act

to make it clear that, in accordance with previous interpretations

of the Peacekeeping program’s statutory authorities, the program

may include demining activities.

Subsection (b) continues and makes permanent an authority contained in prior year appropriations acts to allow the Department of

State and USAID to dispose of demining equipment on a grant

basis in foreign countries.

Subsection (c) highlights the concern regarding the continuing

problems posed to children by mines and unexploded ordnance in

Afghanistan and other affected areas. It authorizes funds to be

used to educate children about the hazards posed by mines and

unexploded ordnance. The committee is particularly aware of the

challenges that demining and ordnance disposal pose for the nascent national government and ongoing operations in that country.

The committee takes note of a new Non Governmental Organization, ‘‘No Strings,’’ which is proposing to use theater and puppetry

to provide life-saving education about landmines to children in Afghanistan.

Sec. 2212. Special waiver authority

This section amends section 614 of the Foreign Assistance Act by

updating authorities and funding limitations in that section.

New subsection (a)(1) provides that the authority of section 614

may be used to waive provisions of law that limit the President’s

ability to authorize assistance under the authority of the Foreign

Assistance Act, the Arms Export Control Act, and any Act authorizing or appropriating foreign assistance funds without regard to

the provisions of law cited in subsection (b), as revised by this section. The standards used to allow the provision of both economic

and military assistance are the same as current law. The provision

also increases one of the annual country limitations.

New subsection (b) lists the provisions of law that may be

waived. In addition to provisions contained in foreign assistance

authorization and appropriations acts, provisions of law contained

in other legislation that limit the provision of assistance under

those acts may also be waived under the authority of this section.

The requirements for prior consultation with the appropriate

committees of the Congress and submission of a written policy justification before the President may exercise the authority contained

in section 614 remain unchanged.

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Sec. 2213. Prohibition of assistance for countries in default

This section amends section 620(q) of the Foreign Assistance Act

to clarify that the restriction of aid is applicable only to governments. In addition, it amends the period of default (from 6 months

to 12 months) that results in a cutoff of assistance under the Foreign Assistance Act.

Sec. 2214. Military coups

This section amends the Foreign Assistance Act to prohibit assistance to a country if the duly elected head of government of such

country is deposed by decree or military coup. Similar restrictions

have been included in appropriations acts since 1986. Exempted

from this restriction is assistance to promote democratic elections,

and a presidential waiver would permit assistance upon a determination that such assistance is important to the national security

interest of the United States.

Sec. 2215. Designation of position for which appointee is nominated

This section requires the President to designate the particular

position within the Agency for International Development for which

any individual is being nominated.

Sec. 2216. Exceptions to requirement for congressional notification

of program changes

This section amends section 634A(b) of the Foreign Assistance

Act to conform to provisions contained for a number of years in annual foreign assistance appropriations acts. New subsection (b)(3)

provides an exception to prior notification in the case of substantial

risk to human health or welfare, but continues the requirement to

notify no later than 3 days after the obligation of funds. New subsection (b)(4) contains a de minimis threshold for reprogramming

under the Arms Export Control Act that has been included for a

number of years in appropriations acts.

Sec. 2217. Commitments for expenditures of funds

This section amends section 635(h) of the Foreign Assistance Act

to allow contracts or agreements which entail the commitment or

expenditure of funds made available under the Foreign Assistance

Act to be extended at any time for not more than five years. Under

current law, this authority is limited only to certain accounts.

Sec. 2218. Alternative dispute resolution

This section amends section 635(i) of the Foreign Assistance Act

to expand the current arbitration and claims settlement authority

for investment guarantee operations to also cover claims arising

from other activities carried out under the Act, which could include

claims under contracts, grants, cooperative agreements, credit

agreements, personal services contracts, and other arrangements

and agreements. It also adds a specific authority for alternative

dispute resolution.

Sec. 2219. Administrative authorities

This section amends and updates certain administrative authorities contained in section 636 of the Foreign Assistance Act.

38

Section 636(a)(5) is amended to allow the procurement of passenger motor vehicles without various restrictions in current law,

most of which are not possible to administer across agencies using

this authority.

Section 636(a)(10) is amended to delete the 10 year limitation on

leases, thereby providing the ability to obtain the most favorable

lease terms under long-term leases. Section 636(c) is amended to strike the $6,000,000 limitation on

the acquisition or construction of living and office space overseas

for U.S. Government personnel. Section 636(d) is amended to strike the $2,500,000 limitation on

the provision of assistance for schools for dependents of U.S. Government personnel.

Sec. 2220. Assistance for law enforcement forces

This section amends section 660 of the Foreign Assistance Act of

1961.

Paragraph (1) amends subsection (b)(6), consistent with current

law, to make it clear that the authority of this paragraph may be

used in cases where instability has occurred at the sub-national

level.

Paragraph (1) further amends subsection (b) to add exceptions to

the prohibition on assistance for law enforcement forces. New paragraph (8) permits the provision of assistance to combat corruption

consistent with the objectives of section 133 of the Foreign Assistance Act. New paragraph (9) is the same as current law but is included as a separate paragraph to make it clear that the authority

to provide human rights, rule of law, and other training is not limited to post-conflict situations. New paragraph (10) is an authority

related to assistance to combat trafficking in persons. New paragraph (11) permits the provision of assistance for constabularies

and gendarmes.

Paragraph (2) amends section 660 to provide the President with

the authority to waive the limitations of this section on a case-bycase basis if the President determines that it is important to the

national interest to do so. It is anticipated that this authority will

be exercised by the Secretary of State under appropriate delegations of authority. The obligation of funds pursuant to such a waiver is subject to prior notification of the appropriate congressional

committees under section 634A of the Foreign Assistance Act.

Sec. 2221. Special debt relief for the poorest countries

This section amends the Foreign Assistance Act by adding a new

Part VI. This part authorizes the President to forgive certain debts

owed by the poorest countries to the United States. The exercise

of this authority is subject to, among other things, the prior appropriation of funds for this purpose and prior notification of the appropriate congressional committees in accordance with section

634A of the Foreign Assistance Act. The authority is similar to authority previously enacted in foreign assistance appropriations acts.

Sec. 2222. Congo Basin Forest Partnership

This section contains findings and expresses the Sense of the

Congress in support of the Congo Basin Forest Partnership, the

39

largest conservation effort currently undertaken by the U.S. Government in Africa. It affirms U.S. support of the Congo Basin Forest Partnership because the forests and wildlife of the Congo Basin

are of global significance, because the forests are a major factor in

the social, economic and environmental health of Congo Basin

countries, and because of the impressive structure of cooperation

between governments, NGOs and the private sector operating in

the region. It further identifies the Congo Basin Forest Partnership

as an initiative that fully recognizes the integral and equal nature

of economic development, social development and environmental

protection in the quest for sustainable development.

The purpose of this section is to encourage the administration to

capitalize on the strong cooperation and momentum of state governments, international organizations and non-governmental organizations in protecting the region’s essential natural resources

while also addressing other challenging development issues in the

region.

Sec. 2223. Landmine clearance programs

This section provides the Secretary of State authority to support

public-private partnerships for landmine clearance programs

through grant or cooperative agreement.

Sec. 2224. Middle East Foundation

The committee has authorized the establishment of a Middle

East Foundation funded through the Middle East Partnership Initiative. The committee seeks to contribute to efforts to bring democratic and economic reforms to the Middle East and North Africa

region and has authorized the Secretary of State to designate an

appropriate private, non-profit organization as the Middle East

Foundation.

The purposes of this assistance are to support civil society, political participation, women’s rights, educational reform, human

rights, independent media, economic reform, the rule of law and

other democratic development in the Middle East, and North Africa

through grants, technical assistance, training and other measures.

The Secretary may also make a grant to an institution of higher

education in the Middle East and North Africa region to create a

Center for Public Policy to permit scholars and professionals from

the Middle East, North Africa, and other countries, including the

United States, to carry out research, training programs and other

activities to inform public policy making in the Middle East and

North Africa promote broad economic, social and political reforms.

The committee notes this section also provides for reporting, financial accountability and oversight measures of such a Foundation.

The committee encourages the Department of State to invite

international participation in the Foundation. The committee also

encourages the Department of State to consider activities in countries with struggling movements for reform and democracy. The

committee expects that prior to providing any funding to the Foundation the administration will ensure that the Foundation has in

place a system for vetting potential grantees to reduce the risk of

funding activities that are contrary to the national interests of the

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United States. The committee expects to work closely with the Department of State as such a Foundation establishes operations.

Sec. 2225. Database of United States military assistance

The Foreign Relations Authorization Act, Fiscal Years 2000 and

2001 (P.L. 106–113) first established the requirement that the annual U.S. military assistance report required under Section 655 of

the Foreign Assistance Act of 1961 be made available to the public

on the Internet. In the years since, the State Department has complied with this requirement; however, the current report is posted

on the Internet only in a PDF document, thus making it difficult

for users to manipulate the data in any meaningful fashion. For example, users are not able to cumulate data over time and across

countries and different munitions categories.

In an effort to make the Section 655 report more user-friendly,

this section requires the State Department to establish an Internet-accessible, interactive database, consisting of all the unclassified information currently available in the printed report. The database would be searchable by various criteria. Such criteria could include, among others, the recipient country, the United States Munitions List category of article or service provided, and the year of

the sale or grant. With such a database, interested parties from

academia, non-governmental organizations, the defense industry,

and the Congress could access immediately cumulative data, crossreferenced among several categories. Because the Department already organizes the data in the Section 655 report through electronic processing, no new data collection will be required.

Sec. 2226. Millennium Challenge assistance for certain countries

This section makes permanent a provision of the Millennium

Challenge Account (MCA) legislation authorizing up to 10 percent

of MCA funding to assist countries that initially fail to meet the

requirements for eligibility, including by reason of the absence or

unreliability of data.

Subtitle B—Arms Export Control Act Amendments and Related

Provisions

Sec. 2231. Thresholds for advance notice to Congress of sales or upgrades of defense articles, design and constructions services,

and major defense equipment

This section raises the minimum dollar thresholds at which sales

of certain defense articles, design and construction services, and

major defense articles (or upgrades of such sales) must be reported

to the Congress under Section 36 of the Arms Export Control Act.

This section raises the level of notification thresholds from

$14,000,000 to $50,000,000 for major defense equipment, from

$50,000,000 to $100,000,000 for defense articles and defense services, and from $200,000,000 to $350,000,000 for design and construction.

This section also allows for notification of additional cases ‘‘if the

President determines it is appropriate.’’

The committee understands that the executive branch is prepared to provide the committee informal notice of planned arms

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transfers above existing dollar thresholds (but below the new

thresholds under this section) and to submit formal notification

under Section 36 of the Arms Export Control Act for certain transfers if requested by the chairman or ranking member. The committee expects that an exchange of letters will be used to specify

the State Department’s commitment in this regard before this section is enacted.

Sec. 2232. Clarification of requirement for advance notice to Congress of comprehensive export authorizations

This section requires the President to make certifications to the

Congress under Section 36(c)(1) of the Arms Export Control Act before issuing comprehensive authorizations under Section 126.14 of

the International Traffic in Arms Regulations (ITAR) for the export

of defense articles or defense services to an eligible foreign country

or foreign partner.

Sec. 2233. Authority to Provide Cataloging Data and Services to

Non-NATO Countries

This section authorizes the President to provide cataloging data

and services to non-NATO countries on a reciprocal basis. Currently, authority exists only to provide such data and services to

NATO and to NATO-member governments.

Sec. 2234. Freedom Support Act permanent waiver authority

This section provides a permanent annual waiver authority with

respect to the requirements of Section 502 of the Freedom Support

Act (P.L. 102-511). Section 1306 of the National Defense Authorization Act for Fiscal Year 2003 (P.L. 107-314) provided authorization

for an annual waiver only for fiscal years 2003 through 2005. This

permanent authority to exercise a waiver would ensure continuity

for program planning purposes.

Sec. 2235. Extension of Pakistan waivers

This section extends the authority contained in previous legislation (P.L. 107-57) to make inapplicable through fiscal year 2006

foreign assistance restrictions relating to coups and loan defaults

with respect to Pakistan.

Sec. 2236. Consolidation of reports on non-proliferation in South

Asia

This section requires that the annual report on nonproliferation

in South Asia to be submitted by April 1, 2006, pursuant to Section

620F(c) of the Foreign Assistance Act of 1961, include a description

of the efforts of the United States Government to achieve objectives

on nuclear and missile nonproliferation in the region, as described

in Section 1601 of the Foreign Relations Authorization Act Fiscal

Year 2003, the progress made toward achieving such objectives,

and the likelihood that such jectives will be achieved by September

30, 2006. This avoids the need for a separate report on those efforts, which was required in 2003.

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Sec. 2237. Haitian Coast Guard

This section grants eligibility to the Government of Haiti for the

purchase of defense articles and services for the Haitian Coast

Guard under the Arms Export Control Act subject to existing notification requirements.

Sec. 2238. Requirement for the provision of certain assistance to Indonesia

The committee recognizes the importance of continued cooperation between U.S. and Indonesian authorities in the investigation

of the August 31, 2002 murders of U.S. and Indonesian citizens

that occurred in Timika. The committee notes that while the

United States government has issued one indictment in the case,

the government of Indonesia has neither indicted nor arrested anyone in connection with the Timika murders. The committee intends

to continue following closely the investigation and anticipates that

the degree of cooperation reflected by the report will inform the decisions taken by the Administration regarding steps to broaden and

deepen U.S.-Indonesian relations.

TITLE XXIII—RADIOLOGICAL TERRORISM SECURITY

This title requires the Secretary to submit a report within 180

days after the enactment of this title (and on an annual basis

thereafter) detailing the preparations made at U.S. diplomatic missions abroad to detect and mitigate such an attack, listing improvements for radiological safety and consequence management at

those missions, and providing a rank-ordered list of the missions

where such improvements are the most critical. As part of this report the Secretary is required to submit a budget request to carry

out these improvements. Furthermore, this title provides authority

to the Secretary of State to develop, through U.S. contributions to

and in coordination with the IAEA, foreign first-responder plans

and training to implement them.

TITLE XXIV—GLOBAL PATHOGEN SURVEILLANCE

In January 2001, the National Intelligence Council released a

National Intelligence Estimate entitled, ‘‘The Biological Warfare

Threat.’’ The report not only points to the growing biological warfare capabilities of state and non-state actors but, more importantly, highlights the similar patterns and symptoms of a deliberately initiated disease outbreak and a naturally occurring outbreak. Once an outbreak is detected and begins to spread, it is very

difficult to distinguish between a deliberate versus a natural disease outbreak. Furthermore, both are potentially devastating to

human, animal, and plant life, as well as economically costly. Epidemiologists and public health experts rely on similar tools to help

prevent, detect, and contain both intentional and naturally occurring disease outbreaks.

The threat of bioterrorism poses significant challenges not only

for the United States, but for the entire world. It is difficult to protect our nation’s health alone in an age of unprecedented air travel

and international trade, as infectious pathogens are transported

across borders each day. The global outbreak in 2003 of severe

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acute respiratory syndrome, or SARS, is an unfortunate reminder

of this vulnerability. So is the current situation regarding avian

flu, which could yet become a worldwide epidemic.

Infectious disease outbreaks are transnational threats and the

defense of our homeland is not an isolated activity. Rather, it requires a comprehensive strategy, including a critical international

component. Whether intentional or natural, infectious diseases do

not recognize the boundaries set by national borders.

The committee held a hearing regarding the threat of bioterrorism and the spread of infectious diseases on September 5, 2001.

Witnesses included former Senator Sam Nunn, Dr. Donald A. Henderson of Johns Hopkins University (later a scientific advisor to the

White House and the Department of Health and Human Services),

and Dr. David L. Heymann, Executive Director for Communicable

Diseases at the World Health Organization. At a March 18, 2002,

hearing on the chemical and biological weapons threat, Dr. Alan P.

Zelicoff, Senior Scientist at Sandia National Laboratories, testified

on the role of syndromic surveillance in bioterrorism prevention.

Developing nations represent one of the weak links in a comprehensive global surveillance and monitoring network. Unfortunately, naturally occurring disease outbreaks are most likely to

occur in these areas where poor sanitary conditions, poverty, and

a weak medical infrastructure combine to offer ideal breeding

grounds for pathogens. In addition, some developing countries border rogue states or states that offer sanctuaries for international

terrorist groups, where there is documented interest in biological

agents.

This title seeks to enhance the capability of the international

community to detect, identify, and contain infectious disease outbreaks, whether the cause of those outbreaks is intentional or natural in origin. The primary authority for implementation of the

bill’s provisions is vested in the Department of State, but the committee expects that the Department of Health and Human Services

will also play a critical role, including consultation to the greatest

extent possible.

Sec. 2404. Priority for certain countries

Section 2404 requires that priority in allocating assistance under

the provisions of this bill be given to those eligible developing countries that permit personnel from the World Health Organization

(WHO) and the Centers for Disease Control and Prevention (CDC)

to investigate infectious disease outbreaks on their territory, provide early notification of such outbreaks, and share pathogen surveillance data with appropriate U.S. Governmental entities and

international health organizations.

Sec. 2405. Restriction

Section 2405 restricts access that foreign nationals participating

in programs authorized under this Act may gain to select agents

that may be used as, or in, a biological weapon, except in a supervised and controlled setting.

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Sec. 2406. Fellowship Program

Section 2406 authorizes the Secretary of State to award fellowships to eligible nationals of developing countries to pursue a master of public health degree or advanced public health training in

epidemiology. These programs not only impart technical skills utilizing state-of-the-art technology, but also help cultivate the management and organizational skills of future leaders for developing

country public health programs. The Secretary of State shall require the recipient to enter into an agreement under which the recipient, upon completing said education or training, will return to

the recipient’s country of nationality or last habitual residence (so

long as it is an eligible developing country) and complete at least

four years of employment in a public health position in the government or a nongovernmental, not-for-profit entity in that country or,

with the approval of the Secretary, serve with an international

health organization such as the WHO. If the recipient is unable to

meet these requirements, the recipient will be required to reimburse the U.S. Government for the value of the assistance provided.

Subsection (e) allows for the participation of United States citizens, on a case-by-case basis, if the Secretary determines that it is

in the national interest of the United States to do so. Such participants would be required, upon completion of education or training,

to complete at least five years of employment in a public health position in an eligible developing country or an international health

organization.

Sec. 2407. In-country training in laboratory techniques and syndrome surveillance

Section 2407 supports short-term training courses, outside the

United States, in laboratory techniques for laboratory technicians

and public health officials. Such training courses offer the opportunity for public health personnel to train in their indigenous environment, utilizing the available technology. Subsection 2407(a)

complements the assistance authorized in Section 2408 for the purchase and maintenance of public health laboratory equipment. Subsection 2407(b) supports training in syndrome surveillance techniques. Syndrome surveillance systems provide the means for early

detection and recognition, limit infection and mortality rates, and

help to more efficiently focus limited public health resources.

Sec. 2408 and Sec. 2409. Assistance for the purchase and maintenance of public health laboratory equipment and assistance for

improved communication of public health information

Sections 2408 and 2409 authorize the President to provide assistance, subject to the availability of appropriations, to eligible developing countries to purchase and maintain: (1) public health laboratory equipment necessary for the collection, analysis, and identification of pathogens which may cause disease outbreaks or be used

as biological weapons; and (2) communications equipment and information technology, along with supporting equipment, necessary

to effectively collect, analyze, and transmit public health information. The equipment should be appropriate for ready use in the intended geographical area and compatible with general standards

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established by the WHO and, as appropriate, the CDC to ensure

interoperability with regional and international networks. Recipient countries must provide the resources, infrastructure, and other

assets required to house, support, maintain, secure, and maximize

use of this equipment and appropriate technical personnel.

This section further imposes a limitation, in that amounts appropriated to carry out this section shall not be made available for the

purchase from a foreign country of equipment that, if made in the

United States, would be subject to the Arms Export Control Act or

likely be barred or subject to special conditions under the Export

Administration Act of 1979.

The President is authorized under subsection (e) of Section 2409

to provide assistance for the standardizing of the reporting of public health information between and among developing countries

and international health organizations. Such standardized reporting requirements will enable information to be more easily transmitted and understood.

Sec. 2410. Assignment of public health personnel to United States

missions and international organizations

Section 2410 authorizes the heads of executive branch departments and agencies to assign public health personnel to U.S. diplomatic missions and international health organizations when requested. These details, intended to be flexible in nature, should be

for the purpose of enhancing disease and pathogen surveillance efforts in developing countries. The Secretary of State must concur

with any such detail.

Sec. 2411. Expansion of certain United States Government laboratories abroad

Section 2411 authorizes the expansion of the overseas laboratories and other related facilities of the Centers for Disease Control

and Prevention and the Department of Defense, as appropriate, to

further the goals of global pathogen surveillance and monitoring.

This expansion applies to both numbers of personnel and the scope

of operations. Overseas CDC and DOD facilities, working with host

governments, play a crucial role in enhancing the capability of developing countries to monitor disease outbreaks and suspected biological weapons attacks.

Sec. 2412. Assistance for regional health networks and expansion of

Foreign Epidemiology Training Programs

Section 2412 authorizes the President to provide assistance for

the purposes of enhancing the surveillance and reporting capabilities of the World Health Organization and existing regional networks. The President is also authorized to provide funding for the

development of new regional health networks, as a means of continuing to expand the reach of a global surveillance network. Additionally, subsection (b) authorizes the Secretary of Health and

Human Services to establish new country or regional Foreign Epidemiology Training Programs in eligible developing countries.

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Sec. 2413. Authorization of appropriations

This section authorizes appropriations for carrying out provisions

of this title for Fiscal Year 2006. This section has made funding

available for this title from the funds authorized to be appropriated

to the State Department account for Nonproliferation, Anti-Terrorism, Demining, and Related Programs (NADR). All amounts authorized to be appropriated by this title are authorized to remain

available until expended. The section authorizes $35,000,000 in

total. Of this amount, $25,000,000 is authorized to carry out Sections 2406, 2407, 2408 and 2409; $500,000 to carry out Section

2410; $2,500,000 to carry out Section 2411; and $7,000,000 to carry

out Section 2412.

The level of assistance required for global pathogen surveillance

will be modest in comparison to other foreign assistance efforts.

Targeted U.S. assistance can leverage other international assistance and, more importantly, establish benchmarks for public

health programs in developing countries to strive for in sustaining

and expanding pathogen surveillance efforts. Global surveillance

does not command large-scale investments nor does it require hightech equipment. The absence of authorized funding beyond FY

2006 does not indicate the need for a re-authorization of these programs.

TITLE XXV—REPORTING REQUIREMENTS AND OTHER

MATTERS

Subtitle A—Elimination and modification of certain reporting

requirements

Sec. 2501. Annual Report on territorial integrity

This section repeals an annual report from the 1994 Foreign Operations, Export Financing, and Related Programs Act on steps

taken by the governments of Eurasia concerning violations of the

territorial integrity or national sovereignty of other Eurasian states

‘‘such as those violations included in Principle Six of the Helsinki

Final Act.’’ This report is no longer necessary because the countries

of Eurasia (designated in the 1994 Act as ‘‘New Independent

States’’) have maintained their sovereignty and territorial integrity

for over a decade.

Sec. 2502. Annual reports on activities in Colombia

This section permits the Secretary of State to satisfy the reporting requirements of Section 694 of the Foreign Relations Authorization Act, Fiscal Year 2003, by consolidating the required information with the report required by Section 489 of the Foreign Assistance Act.

Sec. 2503. Annual report on foreign military training

This amendment changes the date upon which the report is due

to the Congress from January 31 to March 1, and limits the content to military training provided during the previous fiscal year.

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Sec. 2504. Report on human rights in Haiti

This section combines reports that derive from subsections 616(c)

(2), (3) and (4) of the Commerce, Justice and State Appropriations

Act Fiscal Year 1999, as amended, concerning the status of the

Government of Haiti’s investigations and prosecution of certain

extra judicial and political murders, the list of individuals implicated in those murders, and list of aliens denied visas as a result

of the legislation. The two reports had been submitted on the same

date but in two separate packages, so the timing of the receipt of

this information will not be affected.

Subtitle B—Other Matters

Sec. 2511. Amendments to the Arms Control and Disarmament Act

This section adds the term ‘‘formal commitments’’ to the elements for which the Verification and Compliance Bureau of the Department of State shall provide compliance analysis (arms control,

nonproliferation, and disarmament agreements) under the Arms

Control and Disarmament Act. To facilitate faster submission of

the annual report on objectives and negotiations, it separates that

report from the annual report on compliance, which is required to

be prepared in coordination with the Director of National Intelligence. This section also allows the annual report on Chemical

Weapons Convention compliance, required by condition 10(C) of the

resolution of advice and consent to U.S. ratification of that Convention, to be incorporated in the annual compliance report required

by Section 403 of the Arms Control and Disarmament Act.

Sec. 2512. Support for independent media in Ethiopia

This section recognizes the need for an independent media in

Ethiopia and recommends the provision of necessary sums to

strengthen the capacity of journalists and increase their access to

printing facilities.

Sec. 2513. Support for Justice Sector in Central African States and

the African Union

The Great Lakes region of central Africa has seen some improvement in the past year in the levels of open warfare, but general insecurity and violence remain a daily threat to millions of civilians

in the region. The primary threat to humanity has been from

armed militia groups acting with impunity, although State security

forces have also been guilty of grave abuses as well. The region’s

governments remain woefully weak and unable to effectively control all regions of their countries from a security perspective. These

same governments, and the regional organizations of which they

are members, are also in specific need of extensive rehabilitation

and reform of their judicial institutions and capacity in upholding

the rule of law.

This section expresses a Sense of the Congress on the publication

of the U.S. 2004 Country Reports on Human Rights Practices for

the region and supports the Administration’s stated intent to help

establish African judicial capacity, specifically that of the African

Union. This section authorizes funding for the above purposes and

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requires a report by the President within 6 months of passage that

addresses efforts made to strengthen judicial capacity in Africa.

Sec. 2514. Support for Haiti

In recognition of the serious humanitarian crisis in Haiti, this

section urges a robust and immediate response in the current fiscal

year by the United States and the international community. Accordingly, the committee encourages the administration to provide

to Haiti at least $163,000,000 in assistance to meet the basic needs

of the Haitian people including through improved public health and

disease prevention programs, and to provide resources for the purposes of training, overhauling and equipping the Haitian National

Police force.

The committee recognizes the need for flexibility in responding to

the crisis and, accordingly, makes clear that such assistance may

be provided from among several accounts authorized in this bill.

Sec. 2515. Global Peace Operations Initiative

This section authorizes the appropriation of $114,400,000 for fiscal year 2006, and such sums as may be necessary for fiscal year

2007, to support the Global Peace Operations Initiative, which was

proposed last year. This section authorizes appropriations for the

new Global Peace Operations Initiative (GPOI) that consolidates

the programs for training of peacekeepers globally, while concentrating on Africa in the near term. The existing Africa Contingency

Operations Initiative (ACOTA) will now operate within the overall

GPOI. This section also sets minimum criteria for nations wishing

to participate in such training. Such criteria are based upon experience from past peacekeeping training programs which have highlighted the need to ensure countries are willing and informed participants with an eye toward democratic and human rights principles.

Sec. 2516. Assistance to combat HIV/AIDS in certain countries of

the Caribbean region

This section’s purpose is to include certain nations of the Caribbean Region, where HIV/AIDS prevalence is second only to sub-Saharan Africa, on the list of countries eligible for assistance under

the Emergency Plan for AIDS Relief.

Sec. 2517. Repeal of obsolete assistance authority

This section repeals various authorities that have been included

in the Foreign Assistance Act over the last twenty years in response to one-time crises to provide for the relief and rehabilitation

of various peoples around the world.

Sec. 2518. Consolidation of certain submissions under the Afghanistan Freedom Support Act of 2002

This section permits the President to consolidate or combine

three reports required by the Afghanistan Freedom Support Act

(Public Law 107–327): the Afghanistan assistance plan required

under section 104(c) of the Act; the report on monitoring of assistance for Afghanistan required by section 305(d) of the Act, as

amended; and the report on implementation of the strategy for

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meeting security needs of Afghanistan required by section 206(c) of

the Act, as amended.

Sec. 2519. Technical corrections

This section makes technical corrections to several foreign assistance laws.

Sec. 2520. Requirement for report on United States policy toward

Haiti

This section requires that the Secretary of State provide a report

outlining the administration’s plan for the stabilization and reconstruction of Haiti for fiscal years 2006 and 2007. The report shall

include a description of activities to be carried out by the U.S. government to assist in the establishment of democracy and rule of

law; promote economic development; and improve health, education, and employment. It will also include information on U.S. efforts to assist in the disarmament of illegally armed forces and the

reform of the Haitian National Police, support the holding of free

and fair elections, and strengthen strategies to address the HIV/

AIDS epidemic. The report will also outline U.S. efforts to encourage other nations and international organziations to fulfill assistance pledges to Haiti and to ensure that the United Nations Stabilization Mission in Haiti, MINUSTAH, is fully staffed. The committee is persuaded that the United States has a political and economic interest, as well as a humanitarian responsibility, to address

the crisis in Haiti.

Sec. 2521. United States policy on tsunami relief and reconstruction

policy in Aceh, Indonesia

This section states that it should be the policy of the United

States to work to formulate a joint statement with other donor

countries that are providing assistance for tsunami relief and reconstruction efforts in Aceh, Indonesia, that calls for the provision

of such assistance to be equitably distributed throughout the impacted areas of Indonesia and to be used to strengthen and support

the negotiations between the Government of Indonesia and the

Free Aceh Movement. The committee notes that the United States

and other donor nations successfully issued a similar statement

with respect to the conflict in Sri Lanka and believes that this initiative could be used as a model for the situation in Aceh.

Sec. 2522. Drug price transparency in the emergency plan for AIDS

relief

This section requires a report on procurement of antiretroviral

drugs under the Emergency Plan for AIDS Relief. The committee

strongly supports the steps taken by the Administration to increase

access to antiretroviral drugs in the focus countries receiving support under the auspices of the Emergency Plan for AIDS Relief.

The committee believes that drug price transparency will help

build additional confidence in this initiative. The committee also

believes that the U.S. government should support the use of the

lowest-cost available drugs that are safe and effective.

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TITLE XXVI—SAFE WATER

This title makes a clear stated policy goal of the Foreign Assistance Act of 1961 that the U.S. recognizes that safe water and sanitation, sound water management, and improved hygiene for people

around the world is an essential ingredient of our foreign policy objectives. It authorizes a 5-year pilot program at such sums as is

necessary to assist countries, that have a high rate of water borne

diseases, with alternative funding mechanisms such as investment

insurance, investment guarantees or loan guarantees to develop

sustainable water infrastructure systems. Finally, this title requires the Secretary of State along with the Administrator of

USAID to develop a national strategy to implement the foreign assistance objectives of expanding access to safe water and sanitation, sound water management and improved hygiene for people

around the world. The strategy would be developed in consultation

with international organizations, foreign countries, and nongovernmental organizations.

Sec. 2601. Short title

The title shall be cited as the ‘‘Safe Water: Currency for Peace

Act of 2005.’’

Sec. 2602. Findings

The section identifies Congressional findings highlighting water

borne diseases as killing and debilitating millions of people annually, and preventing millions of people from leading healthy lives

and therefore, undermining foreign assistance developmental efforts.

The section cites the 2002 World Summit on Sustainable Development, held in Johannesburg, South Africa where the United

States agreed to the Plan of Implementation of the World Summit

on Sustainable Development to implement a plan to reduce by onehalf the proportion of people who are unable to reach or afford safe

drinking water and the proportion of people without access to basic

sanitation by 2015.

Sec. 2603. Water for health and development

This section amends Part I of the Foreign Assistance Act of 1961

by adding a new findings section that highlights access to safe

water and sanitation and improved hygiene as significant factors in

controlling the spread of water borne diseases in developing countries and contributing positively to economic development.

Subsection (b) makes it a major policy objective of the Foreign

Assistance Act of 1961 that the United States recognizes that safe

water and sanitation, sound water management, and improved hygiene for people around the world is essential to our foreign policy

objectives.

Subsection (c) authorizes the President to furnish assistance, including health information and education, to advance good health

and promote economic development by improving the safety of

water supplies, expand access to safe water and sanitation, promote sound water management, and promote hygiene in developing

countries. The President is authorized to use local currencies under

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title I of the Agricultural Trade Development and Assistance Act

of 1954 to support the goals of this Act, including the use of local

currencies for purposes of drilling and maintaining water wells.

Sec. 2604. Pilot program for water sustainability infrastructure development and capacity building

The section amends the Foreign Assistance Act of 1961 by authorizing a 5 year pilot clean water sustainability infrastructure

development program. The program authorizes the President, in coordination with the Administrator of the United States Agency for

International Development and the President of the Overseas Private Investment Corporation to carry out this pilot program. The

President, in conducting this pilot program, is authorized to utilize

alternative financial assistance measures, including but not limited

to: investment insurance, investment guarantees, loan guarantees,

direct investment or other financial mechanisms. These alternative

financing mechanisms shall be used for the purposes of leveraging

public, private funds in order to expand investment in domiciled

water infrastructure projects.

The section authorizes these alternative funds for purposes of assessing water development needs, design projects, fund projects,

and provide for long-term monitoring water development programs.

Determination of number of projects and geographic location of

projects will be determined by the President in consultation with

the Congress. Preferential consideration of projects should be given

small businesses or cooperatives in the United States, but not to

the exclusion of public non-profit organizations.

Loan guarantees, if selected as a part of a pilot project, shall be

guaranteed by the United States Treasury at the rate not exceeding 75 per cent.

Sec. 2605. Safe water strategy

This section requires the Secretary of State, in coordination with

the Administrator of the United States Agency for International

Development and other federal agencies including federal land

grant universities who have expertise in water and water management programs, along with appropriate international organizations

and non-governmental organizations, to assess current activities,

and develop and implement a national strategy to meet the objectives of expanding access to safe water and sanitation, including

supporting and providing sound water management, and improve

hygiene for people around the world.

The national strategy shall focus on current resources and their

allocation and recommend ways and means to maximize the efficient allocation of theses resources toward the goal of reducing by

half the proportion of the population exposed to unsafe water and

sanitation by the year 2015. Focus of the national strategy should

also address the effective coordination of and use of non-profit, nongovernmental technical expertise in the delivery of resources.

Within 180 days of enactment of this Act, the President shall

submit the report required by this section to the Congress.

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Sec. 2606. Authorization of appropriations

The section authorizes such sums as may be necessary for carrying out this title.

TITLE XXVII—PROTECTION OF VULNERABLE POPULATIONS

DURING HUMANITARIAN EMERGENCIES

The committee recognizes that during a humanitarian emergency

people—especially women and children—become extremely vulnerable to a range of abuses including sexual exploitation, trafficking

and gender-based violence. This title seeks to ensure that those affected by natural disasters, such as the tsunami that affected countries in Asia and Africa last December or by man-made crises, such

as the ongoing crisis in the Darfur region of Sudan, are protected

from such abuses through our foreign assistance programs.

Sec. 2701. Short title

Sec. 2702. Definitions

Sec. 2703. Findings

These sections contain the short title, the definitions and the

findings, respectively.

The committee believes that steps must be taken to ensure that

the State Department and the United States Agency for International Development (USAID) have a strategy to protect vulnerable populations from exploitation and abuse before, during and

after a humanitarian emergency. The next sections ensure that

such a strategy is in place, that USAID has the expertise to develop appropriate programs, and that the U.S. government has an

established mechanism to ensure that partners who implement our

assistance programs overseas are committed to preventing exploitation and abuse by their personnel in the field.

Sec. 2711. Requirement to develop comprehensive strategy

This section directs the Secretary of State, in consultation with

the USAID Administrator, to develop an integrated strategy for the

protection of vulnerable populations, especially women and children, and to provide Congress with that strategy within 180 days.

Sec. 2712. Designation of coordinator

This section directs the Secretary of State, in consultation with

the USAID Administrator, to designate an official at the State Department or USAID as a Protection Coordinator within 60 days.

The Protection Coordinator will be responsible for ensuring that

our assistance programs include activities to support the protection

of vulnerable populations, especially women and children, affected

by humanitarian emergencies.

Sec. 2721. Reporting and monitoring systems

This section instructs the Protection Coordinator to develop and

maintain a historical database of instances where sexual abuse and

exploitation of children occurred during a humanitarian emergency;

develop a reporting and monitoring mechanism for diplomatic missions to collect and report to the coordinator information that indiVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00052 Fmt 6659 Sfmt 6602 FAA06.TXT SFRELA2 PsN: SFRELA2
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cates vulnerable populations are being targeted or are at risk during an emergency; assist U.S. missions in developing responses to

situations where there is a risk of sexual exploitation and abuse

during a humanitarian emergency; and develop a procedure for relief organizations to report evidence of sexual exploitation and

abuse and exploitation of children during an emergency.

Sec. 2722. Protection training and expertise

This section establishes a fellowship at USAID to enhance the

expertise of its personnel in developing protection related policies

and programs.

Sec. 2731. Codes of conduct

This section prohibits the State Department and USAID from

providing primary grants to or entering into contracts with relief

organizations that do not sign a code of conduct which prohibits

employees from having inappropriate relationships with aid beneficiaries. This provision applies only to assistance under section 491

of the Foreign Assistance Act or overseas assistance under section

2 of the Migration and Refugee Assistance Act of 1962.

Sec. 2732. Health services for refugees and displaced persons

The committee recognizes that women have particular health

needs during an emergency that require specialized care, including

medical assistance for those who might have been raped, or who

are pregnant. This section directs the Protection Coordinator to ensure that organizations funded by the U.S. have the resources to

provide for the specific health needs of women during a complex

humanitarian emergency and that these relief organizations are on

the ground no later than 30 days after the onset of such an emergency.

Sec. 2733. Economic self-sufficiency of vulnerable populations affected by a humanitarian emergency

The committee is aware that people, especially women and children, are often more vulnerable to exploitation during a crisis due

to lack of economic self-sufficiency. This section amends the MicroEnterprise Development Act of 2000 to make it clear that special

effort should be made to extend such assistance to internally displaced people so that they have the means to earn income during

an emergency.

Sec. 2734. International military education and training

This section adds a component to the International Military and

Education Program focused on training foreign militaries to protect

civilians who are refugees and internally displaced persons.

Sec. 2735. Sense of Congress regarding actions of United Nations

peacekeepers

The committee is very disturbed by reports of sexual exploitation

of women and girls in eastern Democratic Republic of Congo by

U.N. peacekeepers. This section expresses the sense of Congress

that the Secretary General of the U.N. should further strengthen

policies of the U.N. to protect civilians from sexual abuse and exVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00053 Fmt 6659 Sfmt 6602 FAA06.TXT SFRELA2 PsN: SFRELA2
54

ploitation by U.N. personnel involved in U.N. peacekeeping missions. It also expresses the sense of Congress that the Secretary of

State should consider suspending military assistance to countries

who do not follow up on allegations that their troops engaged in

sexual exploitation and/or abuse while deployed as part of a U.N.

peacekeeping mission.

Sec. 2741. Actions to support protection

This section encourages the U.S. representative to the World

Bank to make sure that women and children who were forced to

serve with armed combatants get a benefit package as part of

World Bank post-conflict demobilization programs similar to those

given to the men who are disarming. It also requires the Secretary

of State to submit a report to the committee on what types of training programs the State Department and USAID are currently conducting that are designed to improve accountability for genderbased violence.

Sec. 2742. Protection assistance

This section amends the Foreign Assistance Act to provide that

funds made available to carry out Chapter 1 of part I of the Act

and chapter 4 of part II may be used to fund protection activities

for vulnerable populations, especially women and children, who are

affected by complex humanitarian emergencies. The purpose of this

section is to authorize funding for activities such as security assessments for refugee and internally displaced camps, reunification

services for children separated from their families or training for

local law enforcement activities to investigate cases of rape.

TITLE XXVIII—CONVENTIONAL ARMS DISARMAMENT

THE CONVENTIONAL ARMS DISARMAMENT ACT OF 2005

The threat posed to global peace and security by persistent landmines, readily available small arms, light weapons, abandoned ordnance, and poorly secured munitions has long been a concern for

the Committee on Foreign Relations. Congress has mandated significant accounting and reporting requirements on US sales and

transfers of conventional weaponry, particularly for highly portable

and relatively inexpensive weapons. While these efforts proceed

with strong support from the committee, bilateral assistance to

countries seeking to destroy, safeguard or otherwise eliminate proliferation-vulnerable surplus conventional stockpiles has not been

given equally sustained attention, budgetary support and needed

authorities.

In Public Law 106–164, Congress amended the Arms Export

Control Act (22 U.S.C. 2751, et. seq.) to establish a comprehensive

end-use monitoring program for defense articles and services in

order to improve accountability with respect to those defense articles and services sold, leased or exported under the Arms Export

Control Act or Foreign Assistance Act. Since then, the Department

of State has established the Blue Lantern program to carry out

such a program with respect to commercial exports of U.S. defense

articles and services. A similar program, Golden Sentry, was estabVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00054 Fmt 6659 Sfmt 6602 FAA06.TXT SFRELA2 PsN: SFRELA2
55

1 United States General Accounting Office, Report to Congressional Committees, ‘‘Nonproliferation: Further Improvements Needed in U.S. Efforts to Counter Threats from Man-Portable Air Defense Systems,’’ GAO–04–519, May 2004, p. 10. 2 Ibid., p. 14.

3 Ibid.

4 James Chow, et. al., ‘‘Protecting Commercial Aviation Against the Shoulder-Fired Missile

Threat,’’ Rand Occasional Paper, 2005, RAND Corporation, p. 34.

lished by the Department of Defense for foreign military sales

(FMS).

Blue Lantern results are reported annually to Congress. These

reports have shown that a notable percentage of unfavorable enduse checks involve firearms and ammunition. In the Fiscal Year

2003 reporting period, 49 percent of all unfavorable checks related

to firearms and ammunition. While the percentage for such commodities decreased to 18 percent in the Fiscal Year 2004 reporting

period, the committee remains concerned about the possibility of diversion of such exports. Indeed, the data provided under Blue Lantern demonstrate that even when applying the strict controls and

enforcement provisions of US law in the International Traffic in

Arms Regulations (22 CFR 120–130), the potential for diversion exists. The problem can only be more prevalent regarding arms from

countries without such controls.

Several reports in the last two years have detailed the potential

for illegal acquisition, the unsafe handling, shipment, storage and

the wide availability of Man-Portable Air-Defense Systems or

MANPADS.

In May 2004, the U.S. General Accountability Office (GAO) submitted a report to Congress on the growing threat posed by

MANPADS. GAO found that ‘‘Since the 1950s, 20 countries have

developed or produced at least 30 different types of MANPADS,

with a total production of more than a million missiles . . . Estimates of the global inventory of MANPADS range from 500,000 to

750,000 weapons, with approximately 1 percent outside the control

of national governments, according to intelligence sources.’’ 1 The

report noted that ‘‘progress toward reducing MANPADS proliferation is limited by . . . multilateral forums’ lack of mechanisms to

monitor countries’ implementation of their commitments.2 The

GAO also noted that the only realistic mechanisms available to the

State Department in this regard are the ‘‘procedures in place to

confirm destruction of MANPADS through its bilateral efforts.3 In

January 2005, a RAND Corporation study addressed the risk of

MANPADS use in terrorist attacks and recommended ‘‘working

with international governments to slow down the proliferation of

MANPADS technologies, in particular those against which countermeasures are less effective.4 The committee concurs with such assessments, and so proposes to increase the funding, coordination

and authorities available to the Department of State for threat reduction efforts regarding MANPADS, as well as for persistent landmines, readily available small arms, light weapons, abandoned ordnance, and poorly secured munitions.

In the 108th Congress, Chairman Lugar introduced the Conventional Arms Threat Reduction Act of 2004 or S. 2981. During the

committee’s markup of the Foreign Affairs Authorization Act, Fiscal Years 2006 and 2007, it included substantially the same legislaVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00055 Fmt 6659 Sfmt 6602 FAA06.TXT SFRELA2 PsN: SFRELA2
56

tion as that which the Chairman had previously introduced in the

Senate.

The Conventional Arms Disarmament Act, or CADA, seeks to

provide unified planning, programming, and implementation of

U.S. bilateral or multilateral assistance for an accelerated global

program to secure, remove, or eliminate stocks of MANPADS, other

conventional weapons, and tactical missile systems, as well as related equipment and facilities, that pose a proliferation threat.

Sec. 2801. Short Title

This section gives the short title ‘‘Conventional Arms Disarmament Act.’’

Sec. 2802. Findings; Sense of Congress

This section states several findings and a Sense of Congress.

Sec. 2803. Statement of Policy

This section states that it is the policy of the United States to

assist the governments of other countries in safeguarding or eliminating stocks of MANPADS, other conventional weapons, and tactical missile systems that pose a proliferatiion, local or regional security, or humanitarian threat.

Sec. 2804. Global Program for the Safeguarding and Elimination of

Conventional Arms

Section 2804 authorizes the Secretary of State to carryout a global program to secure, remove, or eliminate stocks of MANPADS,

other conventional weapons and munitions, as well as related

equipment and facilities that are determined by the Secretary of

State to pose a proliferation threat. Specified program elements include:

(1) Humanitarian demining activities;

(2) Programs to secure or eliminate tactical missile systems;

(3) Programs to secure or eliminate MANPADS;

(4) Activities to destroy other conventional weapons;

(5) Programs to assist other countries in accounting for and

safe handling of MANPADS;

(6) Cooperative programs with the North Atlantic Treaty Organization (NATO) and other international organizations for

programs and activities in (1)–(5);

(7) Activities and programs to ensure proper use funds in

such programs;

(8) Activities to ensure accurate inventories of MANPADS,

conventional weapons, and tactical missile systems stored at

sites where US bilateral assistance is used to ensure the security of such weapons;

(9) Actions to ensure that any equipment and funds used for

the securing, safeguarding or elimination of MANPADS, tactical missile systems and other conventional weapons are used

for authorized purposes.

While sec. 2804 includes demining activities as a program element, the committee does not intend that this reference should in

any way modify existing U.S. programs regarding humanitarian

demining activities, but rather, includes such reference by way of

57

noting that in cases where MANPADS and other conventional

weapons caches have been found, there were often large stockpiles

of land mines. The committee intends that funding for humanitarian demining activities should continue to be a separate budget

line, but that such activities should be coordinated with and integrated into the accelerated effort called for in this title.

Sec. 2805. Redesignation of Office of Weapons Removal and Abatement as Office of Conventional Arms Threat Reduction

On October 6, 2003, then-Assistant Secretary of State for Political-Military Affairs (PM) Lincoln P. Bloomfield announced the creation of the Office of Weapons Removal and Abatement (PM/WRA).

In so doing, he stated: ‘‘The menace to regional stability and public

safety posed by persistent landmines, readily available small arms,

light weapons, abandoned ordnance, and poorly secured munitions

are interrelated and should be addressed in a comprehensive manner.’’

While the committee supported the efforts of the PM Bureau to

provide a coordinated response to the challenges posed by such

weapons, the extent to which activities throughout the Department

of State are coordinated with PM/WRA remains unclear. In redesignating PM/WRA the Office of Conventional Arms Threat Reduction,

the committee does not intend that any authority already given to

PM/WRA under the Department’s decision be taken away, but

rather, that the new office provide greater attention, Departmentwide and within the Federal government, to such efforts.

Sec. 2806. Report on Conventional Arms Threat Reduction

The committee currently does not have a specific report regarding all bilateral and multilateral efforts to remedy the threats

posed by persistent landmines, readily available small arms, light

weapons, abandoned ordnance, and poorly secured munitions. Insofar as the committee has called for a report of broad scope, it intends that this requirement be a one-time report detailing past efforts similar to those called for under the Conventional Arms Disarmament Act and efforts made toward implementing it.

Sec. 2807. Authorization of Appropriations

The committee would have expected a request for increased funding to take on the expanded mission of PM/WRA as it relates to

readily available small arms, light weapons, abandoned ordnance,

and poorly secured munitions. While such efforts are relatively inexpensive compared to those concerning weapons of mass destruction, when PM/WRA was created the funding increases remained

surprisingly small. Section 2807 would therefore increase the authorization for activities under the Office of Conventional Arms

Threat Reduction for small arms, light weapons, abandoned ordnance, and poorly secured munitions to $20 million for fiscal year

2006.

This section is also drafted to tie some of the increase in authorized levels of spending over the fiscal year 2006 requested level to

submission of the report required by Section 2806. The committee

has been informed that PM/WRA could not execute a global effort

of the kind called for in Section 2804 with a large increase in funds

58

on an immediate basis. Given such concerns, the committee intends

that the one-time reporting requirement in Section 2806 will enable proper planning and programming for such a comprehensive

effort. In an effort to ensure that, this section would authorize an

initial increase of only $1.25 million over the fiscal year 2006 requested level of $8.750 million for small arms and light weapons

activities (as distinct from humanitarian demining activities or the

International Trust Fund contribution), withholding the additional

$10 million increase for such efforts until the report is submitted.

Sec. 2808. Definition of Nonproliferation and Disarmament Fund

This section specifies that the term ‘‘Nonproliferation and Disarmament Fund’’ means the Nonproliferation and Disarmament

Fund established under section 504 of the FREEDOM Support Act

(22 U.S.C. 5854).

VI. COST ESTIMATE

Rule XXVI, paragraph 11(a) of the Standing Rules of the Senate

requires that committee reports on bills or joint resolutions contain

a cost estimate for such legislation. To date, the committee has not

received the Congressional Budget Office cost estimate.

VII. EVALUATION OF REGULATORY IMPACT

Rule XXVI, paragraph 11(b) of the Standing Rules of the Senate

requires an evaluation of the regulatory impact of the bill. A few

provisions of the bill, such as Sections 203, 213, and 312, require

or authorize the issuance of regulations. These regulatory provisions, however, relate to the administration of State Department

facilities or programs, and would not involve regulation of private

commerce. Section 2231 increases the monetary thresholds for notification of arms exports to Congress under section 36 of the Arms

Export Control Act, and will therefore require minor modifications

to existing regulations issued under the authority of Section 38 of

that Act.

VIII. CHANGES IN EXISTING LAW

In compliance with paragraph 12 of Rule XXVI of the Standing

Rules of the Senate, changes in existing law made by the bill, as

reported, are shown as follows (existing proposed to be omitted is

enclosed in black brackets, new matter is printed in italic, existing

law in which no change is proposed is shown in roman).

Foreign Assistance Act of 1961

SEC. 102. DEVELOPMENT ASSISTANCE POLICY.—(a) * * *

* * * * * * *

(5) United States development assistance should focus on

critical problems in those functional sectors which affect the

lives of the majority of the people in the developing countries;

food production and nutrition; rural development and generation of gainful employment; population planning and health;

environment and natural resources; education, development

59

administration, and human resources ødevelopment; and¿ development; energy development and production; democracy and

the rule of law; and economic growth and the building of trade

capacity.

* * * * * * *

(18) The United States development assistance program

should take maximum advantage of the increased participation

of United States private foundations, business enterprises, and

private citizens in funding international development activities.

The program should utilize the development experience and expertise of its personnel, its access to host-country officials, and

its overseas presence to facilitate public-private alliances and to

leverage private sector resources toward the achievement of development assistance objectives.

* * * * * * *

SEC. 103. AGRICULTURAL DEVELOPMENT IN RURAL AREAS—

ø(a)(1)¿(a) In recognition of the fact that the great majority of the

people of developing countries live in rural areas and are dependent on agriculture and agricultural-related pursuits for their livelihood, the President is authorized to furnish assistance, on such

terms and conditions as he may determine, for agriculture, rural

development, and nutrition—

ø(A)¿(1) to alleviate starvation, hunger, and malnutrition;

ø(B)¿(2) to expand significantly the provision of basic services to rural poor people to enhance their capacity for self-help;

and

ø(C)¿(3) to help create productive farm and off-farm employment in rural areas to provide a more viable economic base

and enhance opportunities for improved incomes, living standards, and contributions by rural poor people to the economic

and social development of their countries.

ø(2) There are authorized to be appropriated to the President for

purposes of this section, in addition to funds otherwise available for

such purposes, $760,000,000 for fiscal year 1986 and $760,000,000

for fiscal year 1987. Of these amounts, the President may use such

amounts as he deems appropriate to carry out the provisions of section 316 of the International Security and Development Cooperation Act of 1980. Amounts appropriated under this section are authorized to remain available until expended.

ø(3) Of the amounts authorized to be appropriated in paragraph

(2) for the fiscal year 1987, not less than $2,000,000 shall be available only for the purpose of controlling and eradicating amblyomma

variegatum (heartwater) in bovine animals in the Caribbean.¿

* * * * * * *

SEC. 104. POPULATION AND HEALTH.—(a)* * *

* * * * * * *

(c) ASSISTANCE FOR HEALTH AND DISEASE PREVENTION.—(1) In

order to contribute to improvements in the health of the greatest

number of poor people in developing countries, the President is authorized to furnish assistance, on such terms and conditions as he

may determine, for health programs. Assistance under this subsection shall be used primarily for basic integrated health services,

60

safe water and sanitation, disease prevention and control, and related health planning and research. The assistance shall emphasize

self-sustaining community-based health programs by means such

as training of health auxiliary and other appropriate personnel,

support for the establishment and evaluation of projects that can

be replicated on a broader scale, measures to improve management

of health programs, and other services and suppliers to support

health and disease prevention programs.

ø(2)(A)¿(2) In carrying out the purposes of this subsection, the

President shall promote, encourage, and undertake activities designed to deal directly with the special health needs of children and

mothers. Such activities should utilize simple, available technologies which can significantly reduce childhood mortality, such as

improved and expanded immunization programs, oral rehydration

to combat diarrhoeal diseases, and education programs aimed at

improving nutrition and sanitation and at promoting child spacing.

In carrying out this paragraph, guidance shall be sought from

knowledgeable health professionals from outside the agency primarily responsible for administering this part. In addition to government-to-government programs, activities pursuant to this paragraph should include support for appropriate activities of the types

described in this paragraph which are carried out by international

organizations (which may include international organizations receiving funds under chapter 3 of this part) and by private and voluntary organizations, and should include encouragement to other

donors to support such types of activities.

ø(B) In addition to amounts otherwise available for such purpose,

there are authorized to be appropriated to the President

$25,000,000 for fiscal year 1986 and $75,000,000 for fiscal year

1987 for use in carrying out this paragraph. Amounts appropriated

under this subparagraph are authorized to remain available until

expended.

ø(C) Appropriations pursuant to subparagraph (B) may be referred to as the ‘‘Child Survival Fund.’’¿

(3) The Congress recognizes that the promotion of primary health

care is a major objective of the foreign assistance program. The

Congress further recognizes that simple, relatively low-cost means

already exist to reduce incidence of communicable diseases among

children, mothers, and infants. The promotion of vaccines for immunization, and salts for oral rehydration, therefore, is an essential feature of the health assistance program. To this end, the Congress expects the agency primarily responsible for administering

this part to set as a goal the protection of not less than 80 percent

of all children, in those countries in which such agency has established development programs, from immunizable diseases by January 1, 1991. øOf the aggregate amounts made available for fiscal

year 1987 to carry out paragraph (2) of this subsection (relating to

the Child Survival Fund) and to carry out subsection (c) (relating

to development assistance for health), $50,000,000 shall be used to

carry out this paragraph.¿

* * * * * * *

SEC. 104D. WATER FOR HEALTH AND DEVELOPMENT.

(a) FINDING.—Congress makes the following findings:

61

(1) Access to safe water and sanitation and improved hygiene

are significant factors in controlling the spread of disease in the

developing world and positively affecting economic development.

(2) The health of children and other vulnerable rural and

urban populations in developing countries, especially sub-Saharan Africa and South Asia, is threatened by a lack of adequate

safe water, sanitation, and hygiene.

(3) Efforts to meet United States foreign assistance objectives,

including those related to agriculture, the human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS), and the environment will be advanced by improving access to safe water and sanitation and promoting

sound water management throughout the world.

(4) Developing sustainable financing mechanisms, including

private sector financing, is critical to the long-term sustainability of improved water supply, sanitation, and hygiene.

(5) The annual level of investment needed to meet the water

and sanitation needs of developing countries far exceeds the

amount of Official Development Assistance (ODA) and spending

by governments of developing countries, so attracting greater

public and private investment is essential.

(6) Long-term sustainability in the provision of access to safe

water and sanitation and in the maintenance of water and

sanitation facilities requires a legal and regulatory environment

conducive to private sector investment and private sector participation in the delivery of water and sanitation services.

(7) The absence of robust domestic financial markets and

sources for long-term financing are a major impediment to the

development of water and sanitation projects in developing

countries.

(8) At the 2003 Summit of the Group of Eight in Evian,

France, the members of the Group of Eight produced a plan entitled ‘‘Water: A G8 Action Plan’’ that contemplated the promotion of domestic revolving funds to provide local currency financing for capital-intensive water infrastructure projects. Innovative financing mechanisms such as revolving funds and

pooled-financings have been very effective vehicles for mobilizing domestic savings for investments in water and sanitation

both in the United States and in some developing countries.

These mechanisms can serve as a catalyst for greater investment in water and sanitation projects by villages, small towns,

and municipalities.

(9) The G8 Action Plan also committed members of the Group

of Eight to improving coordination and cooperation between donors, and such improved coordination and cooperation is essential for enlarging the beneficial impact of donor initiatives.

(b) POLICY.—It is a major objective of United States foreign

assistance—

(1) to promote good health and economic development by providing assistance to expand access to safe water and sanitation,

promote sound water management, and improve hygiene for

people around the world; and

62

(2) to promote, to the maximum extent practicable and appropriate, long-term sustainability in the provision of access to safe

water and sanitation by encouraging private investment in

water and sanitation infrastructure and services.

(c) AUTHORIZATION.— (1) IN GENERAL.—To carry out the policy set out in subsection

(b), the President is authorized to furnish assistance, including

health information and education, to advance good health and

promote economic development by improving the safety of water

supplies, expanding access to safe water and sanitation, promoting sound water management, and promoting better hygiene.

(2) LOCAL CURRENCY.—The President may use payments

made in local currencies under an agreement made under title

I of the Agricultural Trade Development and Assistance Act of

1954 (7 U.S.C. 1701 et seq.) to provide assistance under this

section, including assistance for activities related to drilling or

maintaining wells.

SEC. 105. EDUCATION AND HUMAN RESOURCES DEVELOPMENT.—

In order to reduce illiteracy, to extend basic education and to increase manpower training in skills related to development, the

President is authorized to furnish assistance on such terms and

conditions as he may determine, for education, public administration, and human resource development. øThere are authorized to

be appropriated to the President for the purposes of this section,

in addition to funds otherwise available for such purposes,

$180,000,000 for fiscal year 1986 and $180,000,000 for fiscal year

1987, which are authorized to remain available until expended.¿

* * * * * * *

SEC. 106. DEVELOPMENT OF INDIGENOUS ENERGY RESOURCES.—

(a) * * *

* * * * * * *

ø(e)(1) There are authorized to be appropriated to the President

for purposes of this section, in addition to funds otherwise available

for such purposes, $207,000,000 for fiscal year 1986 and

$207,000,000 for fiscal year 1987.

ø(2) Amounts appropriated under this section are authorized to

remain available until expended.

ø(f) Of the amounts authorized to be appropriated to carry out

this part, $5,000,000 for fiscal year 1986 and $5,000,000 for fiscal

year 1987 shall be used to finance cooperative projects among the

United States, Israel, and developing countries.¿

* * * * * * *

SEC. 123. PRIVATE AND VOLUNTARY ORGANIZATIONS AND COOPERATIVES IN OVERSEAS DEVELOPMENT.—(a) * * *

* * * * * * *

ø(e) Prohibitions on assistance to countries contained in this or

any other Act shall not be construed to prohibit assistance by the

agency primarily responsible for administering this part in support

of programs of private and voluntary organizations and cooperatives already being supported prior to the date such prohibition becomes applicable. The President shall take into consideration, in

63

any case in which statutory prohibitions on assistance would be applicable but for this subsection, whether continuation of support for

such programs is in the national interest of the United States. If

the President continues such support after such date, he shall prepare and transmit, not later than one year after such date, to the

Speaker of the House of Representatives and to the chairman of

the Committee on Foreign Relations of the Senate a report setting

forth the reasons for such continuation.¿

(e)(1) Restrictions contained in this or any other Act with respect

to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organizations

from—

(A) funds made available to carry out this chapter and chapters 10, 11, and 12 of part I and chapter 4 of part II; or

(B) funds made available for economic assistance activities

under the Support for East European Democracy (SEED) Act of

1989 (22 U.S.C. 5401 et seq.).

(2) The President shall submit to Congress, in accordance with

section 634A, advance notice of an intent to obligate funds under

the authority of this subsection to furnish assistance in support of

programs of nongovernmental organizations.

(3) Assistance may not be furnished through nongovernmental organizations to the central government of a country under the authority of this subsection, but assistance may be furnished to local,

district, or subnational government entities under such authority.’’.

* * * * * * *

SEC. 129. PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO FOREIGN GOVERNMENTS AND FOREIGN CENTRAL BANKS OF

DEVELOPING OR TRANSITIONAL COUNTRIES.

(a) ESTABLISHMENT OF PROGRAM.— * * *

* * * * * * *

(j) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated to

carry out this section ø$5,000,000 for fiscal year 1999¿ $20,000,000

for fiscal year 2006 and such sums as may be necessary for fiscal

year 2007.

* * * * * * *

SEC. 256A. DEVELOPMENT CREDIT AUTHORITY.

(a) FINDINGS.—Congress makes the following findings:

(1) Developing countries often have large reserves of privately

held capital that are not being adequately mobilized and invested due to weak financial institutions and other market imperfections in such countries.

(2) Partial loan guarantees, particularly when used as an integral part of a development strategy, are useful to leverage

local private capital for development while reforming and

strengthening developing country financial markets.

(3) Requiring risk-sharing guarantees and limiting guarantee

assistance to private lenders encourages such lenders to provide

appropriate oversight and management of development projects

funded with loans made by such lenders and, thereby, maximize the benefit which such projects will achieve.

64

(b) POLICY.—It is the policy of the United States to make partial

loan guarantees available to private lenders to fund development

projects in developing countries that encourage such lenders to provide appropriate oversight and management of such development

projects.

(c) AUTHORITY.—To carry out the policy set forth in subsection (b),

the President is authorized to provide assistance in the form of

loans and partial loan guarantees to private lenders in developing

countries to achieve the economic development purposes of the provisions of this part.

(d) POLICIES TO LIMIT FINANCIAL RISK TO THE UNITED STATES.—

(1) PRIORITY FOR ASSISTANCE.—The President, in providing

assistance under this section, shall give priority to providing

partial loan guarantees made pursuant to the authority in subsection (c) that are used in transactions in which the financial

risk of loss to the United States Government under such guarantee does not exceed the financial risk of loss of the private

lender that receives such guarantee.

(2) MAXIMUM EXPOSURE.—The investment or risk of the

United States in any one development project may not exceed 70

percent of the total outstanding investment or risk associated

with such project.

(e) TERMS AND CONDITIONS.—

(1) IN GENERAL.—Assistance provided under this section shall

be provided on such terms and conditions as the President determines appropriate.

(2) MAXIMUM TOTAL AMOUNT OF LOANS OR GUARANTIES PER

BORROWER.—The principal amount of loans made or guaranteed under this section in any fiscal year, with respect to any

single country or borrower, may not exceed $100,000,000.

(f) OBLIGATIONS OF THE UNITED STATES.—A partial loan guarantee made under subsection (c) shall constitute an obligation, in

accordance with the terms of such guarantee, of the United States

of America and the full faith and credit of the United States of

America is pledged for the full payment and performance of such

obligation.

(g) PROCUREMENT PROVISIONS.—Assistance may be provided

under this section notwithstanding section 604(a).

(h) DEVELOPMENT CREDIT AUTHORITY PROGRAM ACCOUNT.—

There is established on the books of the Treasury an account known

as the Development Credit Authority Program Account. There shall

be deposited into the account all amounts made available for providing assistance under this section, other than amounts made

available for administrative expenses to carry out this section.

Amounts in the Account shall be available to provide assistance

under this section.

(i) AVAILABILITY OF FUNDS.—

(1) IN GENERAL.—Of the amounts authorized to be available

for the purposes of part I of this Act and for the Support for

Eastern European Democracy (SEED) Act of 1989 (22 U.S.C.

5401 et seq.), not more than $21,000,000 for fiscal year 2006

and such sums as may be necessary for fiscal year 2007 may

be made available to carry out this section.

65

(2) TRANSFER OF FUNDS.—Amounts made available under

paragraph (1) may be transferred to the Development Credit

Authority Program Account established by subsection (h).

(3) SUBSIDY COST.—Amounts made available under paragraph (1) shall be available for the subsidy cost, as defined in

section 502(5) of the Federal Reform Credit Act of 1990 (2

U.S.C. 661a(5)), of activities under this section.

(j) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There is authorized to be appropriated for administrative expenses to carry out this section $8,000,000 for

fiscal year 2006 and such sums as may be necessary for fiscal

year 2007.

(2) TRANSFER OF FUNDS.—The amounts appropriated for administrative expenses under paragraph (1) may be transferred

to and merged with amounts made available under section

667(a).

(k) AVAILABILITY.—Amounts appropriated or made available

under this section are authorized to remain available until expended.

* * * * * * *

øSEC. 302. AUTHORIZATION.—(a)(1) There are authorized to be

appropriated to the President $270,000,000 for fiscal year 1986 and

$236,084,000 for fiscal year 1987 for grants to carry out the purposes of this part, in addition to funds available under other Acts

for such purposes. Of the amount appropriated for each of the fiscal

years 1986 and 1987 pursuant to these authorizations—

ø(A) 59.65 percent shall be for the United Nations Development Program;

ø(B) 19.30 percent shall be for the United Nations Children’s

Fund;

ø(C) 7.20 percent shall be for the International Atomic Energy Agency, except that these funds may be contributed to

that Agency only if the Secretary of State determines (and so

reports to the Congress) that Israel is not being denied its

right to participate in the activities of that Agency;

ø(D) 5.44 percent shall be for Organization of American

States development assistance programs;

ø(E) 3.51 percent shall be for the United Nations Environment Program;

ø(F) 0.70 percent shall be for the World Meteorological Organization;

ø(G) 0.70 percent shall be for the United Nations Capital Development Fund;

ø(H) 0.35 percent shall be for the United Nations Education

and Training Program for Southern Africa;

ø(I) 0.18 percent shall be for the United Nations Voluntary

Fund for the Decade for Women;

ø(J) 0.07 percent shall be for the Convention on International Trade in Endangered Species;

ø(K) 0.70 percent shall be for the World Food Program;

ø(L) 0.18 percent shall be for the United Nations Institute

for Namibia;

ø(M) 0.12 percent shall be for the United Nations Trust

Fund for South Africa;

66

ø(N) 0.04 percent shall be for the United Nations Voluntary

Fund for Victims of Torture;

ø(O) 0.07 percent shall be for the United Nations Industrial

Development Organization;

ø(P) 0.55 percent shall be for the United Nations Development Program Trust Fund to Combat Poverty and Hunger in

Africa;

ø(Q) 0.97 percent shall be for contributions to international

conventions and scientific organizations;

ø(R) 0.18 percent for the United Nations Centre on Human

Settlements (Habitat); and

ø(S) 0.09 percent shall be for the World Heritage Fund.

ø(2) The Congress reaffirms its support for the work of the InterAmerican Commission on Human Rights. To permit such Commission to better fulfill its function of insuring observance and respect

for human rights within this hemisphere, not less than $357,000

of the amount appropriated for fiscal year 1976 and $358,000 of the

amount appropriated for fiscal year 1977, for contributions to the

Organization of American States, shall be used only for budgetary

support for the Inter-American Commission on Human Rights.

ø(b)(1) There is authorized to be appropriated to the President

for loans for Indus Basin Development to carry out the purposes

of this section, in addition to funds available under this chapter or

any other Act for such purposes, for use beginning in the fiscal

year 1969, $61,220,000. Such amounts are authorized to remain

available until expended.

ø(2) There is authorized to be appropriated to the President for

grants for Indus Basin Development, in addition to any other funds

available for such purposes, for use in the fiscal year 1974,

$14,500,000, and for use in the fiscal year 1975, $14,500,000, and

for use beginning in the fiscal year 1976, $27,000,000, which

amounts shall remain available until expended. The President

shall not exercise any special authority granted to him under section 2360(a) or 2364(a) of this title to transfer any amount appropriated under this paragraph to, and to consolidate such amount

with, any funds made available under any other provision of this

chapter.

ø(c) None of the funds available to carry out this part shall be

contributed to any international organization or to any foreign government or agency thereof to pay the costs of developing or operating any volunteer program of such organization, government, or

agency relating to the selection, training, and programing of volunteer manpower.

ø(d) to (h) Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,

1978, 92 Stat. 961

ø(i) In addition to amounts otherwise available under this section, there are authorized to be appropriated for fiscal year 1976

$1,000,000 and for fiscal year 1977 $2,000,000 to be available only

for the International Atomic Energy Agency to be used for the purpose of strengthening safeguards and inspections relating to nuclear fissile facilities and materials. Amounts appropriated under

this subsection are authorized to remain available until expended.

ø(j) In addition to amounts otherwise available under this section

for such purposes, there are authorized to be appropriated to the

67

President $3,000,000 for fiscal year 1989 to be available only for

United States contributions to multilateral and regional drug abuse

control programs. Of the amount authorized to be appropriated by

this subsection—

ø(1) $2,000,000 shall be for a United States contribution to

the United Nations Fund for Drug Abuse Control;

ø(2) $600,000 shall be for the Organization of American

States (OAS) Inter-American Drug Abuse Control Commission

(CICAD) Legal Development Project, except that the proportion

which such amount bears to the total amount of contributions

to this specific project may not exceed the proportion which the

United States contribution to the budget of the Organization of

American States for that fiscal year bears to the total contributions to the budget of the Organization of American States for

that fiscal year; and

ø(3) $400,000 shall be for the Organization of American

States (OAS) Inter-American Drug Abuse Control Commission

(CICAD) Law Enforcement Training Project, except that the

proportion which such amount bears to the total amount of

contributions to this specific project may not exceed the proportion which the United States contribution to the budget of the

Organization of American States for that fiscal year bears to

the total contributions to the budget of the Organization of

American States for that fiscal year.¿

Sec. 302. Authorization of Appropriations.—(a) There are author- ized to be appropriated to the President $281,908,000 for fiscal year

2006 and such sums as may be necessary for fiscal year 2007, for

grants to carry out the purposes of this chapter. Amounts appropriated pursuant to the authorization of appropriations in this section are in addition to amounts otherwise available for such purposes.

ø(k)¿(b) In addition to amounts otherwise available under this

section, there is authorized to be appropriated to the President

such sums as may be necessary for each of the fiscal years 2004

through 2008 to be available only for United States contributions

to the Vaccine Fund.

ø(l)¿(c) In addition to amounts otherwise available under this

section, there is authorized to be appropriated to the President

such sums as may be necessary for each of the fiscal years 2004

through 2008 to be available only for United States contributions

to the International AIDS Vaccine Initiative.

ø(m)¿(d) In addition to amounts otherwise available under this

section, there are authorized to be appropriated to the President

such sums as may be necessary for each of the fiscal years 2004

through 2008 to be available for United States contributions to malaria vaccine development programs, including the Malaria Vaccine

Initiative of the Program for Appropriate Technologies in Health

(PATH).

* * * * * * *

SEC. 307. WITHHOLDING OF UNITED STATES PROPORTIONATE

SHARE FOR CERTAIN PROGRAMS OF INTERNATIONAL ORGANIZA- TIONS.—(a) Notwithstanding any other provision of law, none of the

funds authorized to be appropriated by this chapter shall be available for the United States proportionate share for programs for

68

Burma, øIraq,¿ North Korea, Syria, Libya, Iran, Cuba, or the Palestine Liberation Organization or for projects whose purpose is to

provide benefits to the Palestine Liberation Organization or entities associated with it, or at the discretion of the President, Communist countries listed in section 620(f) of this Act.

* * * * * * *

(e) Funds available in any fiscal year to carry out the provisions

of this chapter that are returned or not made available for organizations and programs because of the application of this section shall

remain available for obligation until September 30 of the fiscal year

after the fiscal year for which such funds are appropriated.

* * * * * * *

SEC. 451. CONTINGENCIES.—(a)(1) Notwithstanding any other

provision of law, the President is authorized to use funds made

available to carry out any provision of this Act (other than the provisions of chapter 1 of this part or the Arms Export Control Act (22

U.S.C. 2751 et seq.)) in order to provide, for any unanticipated contingencies, assistance authorized by this part in accordance with

the provisions applicable to the furnishing of such assistance, except that the authority of this subsection may not be used to authorize the use of more than ø$25,000,000¿ $50,000,000 during any

fiscal year.

* * * * * * *

SEC. 481. POLICY, GENERAL AUTHORITIES, COORDINATION, FOREIGN

POLICE ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.

* * * * * * *

SEC. 482. AUTHORIZATION.—(a)* * *

* * * * * * *

ø(g) Excess Property.—For¿

(g) EXCESS PROPERTY.— (1) AUTHORITY.—For purposes of this chapter, the Secretary

of State may use the authority of section 608, without regard

to the restrictions of such section, to receive ønonlethal¿ excess

property (including lethal or nonlethal property) from any

agency of the United States Government for the purpose of

providing such property to a foreign government under the

same terms and conditions as funds authorized to be appropriated for the purposes of this chapter.

(2) NOTIFICATION.—Before obligating any funds to obtain lethal excess property under paragraph (1), the Secretary shall

submit a notification of such action to Congress in accordance

with the procedures set forth in section 634A.

* * * * * * *

øCHAPTER 9—INTERNATIONAL DISASTER ASSISTANCE¿

CHAPTER 9—INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

SEC. 491. POLICY AND GENERAL AUTHORITY.—(a) The Congress,

recognizing that prompt United States assistance to alleviate

human suffering caused by natural and ømanmade disasters¿ manmade disasters, including famine, is an important expression of the

69

humanitarian concern and tradition of the people of the United

States, affirms the willingness of the United States to provide assistance for the relief and rehabilitation of people and countries affected by such ødisasters.¿ disasters and for programs of reconstruction following such disasters.

(b) Subject to the limitations in section 492, and notwithstanding

any other provision of this or any other Act, the President is authorized to furnish assistance to any foreign country, international

organization, or private voluntary organization, on such terms and

conditions as he may determine, for international disaster relief

and rehabilitation, including assistance relating to disaster preparedness, programs of reconstruction following disasters, and to

the prediction of, and contingency planning for, natural disasters

abroad.

(c) In carrying out the provisions of this section the President

shall insure that the assistance provided by the United States

shall, to the greatest extent possible, reach those most in need of

ørelief and rehabilitation¿ relief, rehabilitation, and reconstruction

assistance as a result of natural and manmade ødisasters.¿ disasters, including famine.

* * * * * * *

SEC. 492. AUTHORIZATION.—(a) There are authorized to be appropriated to the President to carry out section 491, ø$25,000,000 for

the fiscal year 1986 and $25,000,000 for the fiscal year 1987¿

$655,500,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007. Amounts appropriated under this section are authorized to remain available until expended.

* * * * * * *

øSEC. 494. DISASTER RELIEF ASSISTANCE.—There is authorized to

be appropriated, in addition to other sums available for such purposes, $65,000,000 for use by the President for disaster relief and

emergency recovery needs in Pakistan, and Nicaragua, under such

terms and conditions as he may determine, such sums to remai

available until expended.¿

SEC. 494. TRANSITION AND DEVELOPMENT ASSISTANCE.

(a) TRANSITION AND DEVELOPMENT ASSISTANCE.—The President

is authorized to furnish assistance to support the transition to democracy and to long-term development in accordance with the general authority contained in section 491, including assistance to—

(1) develop, strengthen, or preserve democratic institutions

and processes;

(2) revitalize basic infrastructure; and

(3) foster the peaceful resolution of conflict.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to

be appropriated to the President $325,000,000 for fiscal year 2006

and such sums as may be necessary for fiscal year 2007, to carry

out this section.

(c) AVAILABILITY.—Amounts appropriated under this section for

the purpose specified in subsection (b)—

(1) are authorized to remain available until expended; and

70

(2) are in addition to amounts otherwise available to carry

out this section.

* * * * * * *

SEC. 497.—øAUTHORIZATIONS OF APPROPRIATIONS FOR THE DE- VELOPMENT FUND FOR AFRICA.—¿ AVAILABILITY OF FUNDS.— ***

* * * * * * *

SEC 498B. AUTHORITIES RELATING TO ASSISTANCE AND OTHER PROVISIONS.

(a) * * *

* * * * * * *

(j) WAIVER OF CERTAIN PROVISIONS.—

(1) IN GENERAL.—Funds øauthorized to be appropriated for

fiscal year 1993 by¿ made available to carry out this chapter,

and any other funds øappropriated for fiscal year 1993¿ that

are used under the authority of subsection (f) or (g), may be

used to provide assistance under this chapter notwithstanding

any other provision of law, except for—

(A) * * *

* * * * * * *

SEC. 498C. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.— * * *

(b) OPERATING EXPENSES.—

(1) AUTHORITY TO TRANSFER PROGRAM FUNDS.—Subject to

paragraph (2), funds made available øunder subsection (a)¿ to

carry out this chapter may be transferred to, and merged with,

funds appropriated for ‘‘Operating Expenses of the Agency for

International Development’’. Funds so transferred may be expended for administrative costs in carrying out this chapter,

including reimbursement of the Department of State for its incremental costs associated with assistance provided under this

chapter.

(2) LIMITATION ON AMOUNT TRANSFERRED.—Not more that 2

percent of the funds made available for a fiscal year øunder

subsection (a)¿ to carry out this chapter may be transferred

pursuant to paragraph (1) unless, at least 15 days before transferring any additional amount, the President notifies the appropriate congressional committees in accordance with the procedures applicable to re-programming notifications under section 634A of this Act.

* * * * * * *

SEC. 505. CONDITIONS OF ELIGIBILITY.—(a) * * *

* * * * * * *

(f) Effective July 1, 1974, no defense article shall be furnished to

any country on a grant basis unless such country shall have agreed

that the net proceeds of sale received by such country in disposing

of any weapon, weapons system, munition, aircraft, military boat,

military vessel, or other implement of war received under this

chapter will be paid to the United States Government and shall be

available to pay all official costs of the United States Government

payable in the currency of that country, including all costs relating

71

to the financing of international educational and cultural exchange

activities in which that country participates under the programs

authorized by the Mutual Educational and Cultural Exchange Act

of 1961. øIn the case of items which were delivered prior to 1985,

the¿ The President may waive the requirement that such net proceeds be paid to the United States Government if he determines

that to do so is in the national interest of the United States.

* * * * * * *

SEC. 514. STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN

COUNTRIES.—(a) * * *

(b)(1) The value of defense articles to be set aside, earmarked, reserved, or intended for use as war reserve stocks for allied or other

foreign countries (other than for purposes of the North Atlantic

Treaty Organization or in the implementation of agreements with

Israel) in stockpiles located in foreign countries may not exceed in

any fiscal year an amount that is specified in security assistance

authorizing legislation for that fiscal year.

(2)(A) The value of such additions to stockpiles of defense articles in foreign countries shall not exceed $100,000,000 øfor

fiscal years 2004 and 2005¿ for each of fiscal years 2006 and

2007.

* * * * * * *

SEC. 532. AUTHORIZATIONS OF APPROPRIATIONS.—ø(a) There are

authorized to be appropriated to the President to carry out the purposes of this chapter—¿ (a) There are authorized to be appropriated

to the President to carry out the purposes of this chapter

$3,036,375,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007.

* * * * * * *

SEC. 534. ADMINISTRATION OF JUSTICE.—(a) The President may

furnish assistance under this part to countries and organizations,

including national and regional institutions, in order to strengthen

the administration of justice øin countries in Latin America and

the Caribbean¿. (b) Assistance under this section may only include—

(1) * * *

* * * * * * *

(3) notwithstanding section 2420 of this title—

(A) * * *

* * * * * * *

(C) programs to improve the administrative and management capabilities of law enforcement agencies, especially their capabilities relating to career development,

personnel evaluation, and internal discipline øprocedures;

and¿ procedures;

(D) programs, conducted through multilateral or regional

institutions, to improve penal institutions and the rehabilitation of offenders; and

(E) programs to enhance the protection of participants in

judicial cases;

* * * * * * *

72

ø(c) Not more than $20,000,000 of the funds made available to

carry out this part for any fiscal year shall be available to carry

out this section, in addition to amounts otherwise available for

such purposes.¿

ø(d)¿(c) Funds may not be obligated for assistance under this section unless the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate

are notified of the amount and nature of the proposed assistance

at least 15 days in advance in accordance with the procedures applicable to reprogrammings pursuant to section 634A of this title.

ø(e)¿(d) Personnel of the Department of Defense and members of

the United States Armed Forces may not participate in the provision of training under this section. øOf the funds made available

to carry out this section, not more than $10,000,000 may be made

available in fiscal year 1991 to carry out the provisions of subsection (b)(3) of this section. The authority of this section shall expire on September 30, 1991.¿

* * * * * * *

SEC. 541. GENERAL AUTHORITY.—The President is authorized to

furnish, on such terms and conditions consistent with this Act as

the President may determine (but whenever feasible on a reimbursable basis), military education and training to military and related

civilian personnel of foreign countries and comparable personnel of

international organizations. Such civilian personnel shall include

foreign governmental personnel of ministries other than ministries

of defense, and may also include legislators and individuals who

are not members of the government, if the military education and

training would (i) contribute to responsible defense resource management, (ii) foster greater respect for and understanding of the

principle of civilian control of the military, (iii) contribute to cooperation between military and law enforcement personnel with respect to counternarcotics law enforcement efforts, or (iv) improve

military justice systems and procedures in accordance with internationally recognized human rights. Such training and education

may be provided through—

* * * * * * *

* * * * * * *

SEC. 542. AUTHORIZATION.—øThere are authorized to appropriated to the President to carry out the purposes of this chapter

$56,221,000 for fiscal year 1986 and $56,221,000 for the fiscal year

1987¿ There are authorized to be appropriated to the President to carry out the purposes of this chapter $86,744,000 for the fiscal year

2006 and such sums as may be necessary for fiscal year 2007.

* * * * * * *

SEC. 551. GENERAL AUTHORITY.—The President is authorized to

furnish assistance to friendly countries and international organizations, on such terms and conditions as he may determine, for

peacekeeping operations and other programs carried out in furtherance of the national security interests of the United States. øSuch

assistance may include reimbursements¿

(1) Reimbursements to the Department of Defense for expenses incurred pursuant to section 7 of the United Nations

Participation Act of 1945, except that such reimbursements

73

may not exceed $5,000,000 in any fiscal year unless a greater

amount is specifically authorized by this section.

(2) Demining activities, clearance of unexploded ordnance, destruction of small arms, and related activities, notwithstanding

any other provision of law.

* * * * * * *

SEC. 552. AUTHORIZATION OF APPROPRIATIONS.—(a) øThere are

authorized to appropriated to the President to carry out the purposes of this chapter, in addition to amounts otherwise available

for such purposes, $37,000,000 for the fiscal year 1986 and

$37,000,000 for the fiscal year 1987¿ There are authorized to be appropriated to the President to carry out the purposes of this chapter,

in addition to amounts otherwise available for such purposes,

$195,800,000 for the fiscal year 2006 and such sums as may be necessary for fiscal year 2007.

* * * * * * *

SEC 614. SPECIAL AUTHORITIES.—

(a) Furnishing of assistance and arms export sales, credits, and

guaranties upon determination and notification of Congress of importance and vitality of such action to security interests and national security interests of United States; policy justification; fiscal

year limitations; transfers between accounts.

ø(1) The President may authorize the furnishing of assistance under this Act without regard to any provision of this Act,

the Arms Export Control Act, any law relating to receipts and

credits accruing to the United States, and any Act authorizing

or appropriating funds for use under this Act, in furtherance

of any of the purposes of this Act, when the President determines, and so notifies in writing the Speaker of the House of

Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is important to the

security interests of the United States.

ø(2) The President may make sales, extend credit, and issue

guaranties under the Arms Export Control Act, without regard

to any provision of this Act, the Arms Export Control Act, any

law relating to receipts and credits accruing to the United

States, and any Act authorizing or appropriating funds for use

under the Arms Export Control Act, in furtherance of any of

the purposes of such Act, when the President determines, and

so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations

of the Senate, that to do so is vital to the national security interests of the United States.¿

(1) The President may authorize any assistance, sale, or other

action under this Act, the Arms Export Control Act (22 U.S.C.

2751 et seq.), or any other law that authorizes the furnishing

of foreign assistance or the appropriation of funds for foreign

assistance, without regard to any of the provisions described in

subsection (b) if the President determines, and notifies the Committees on Foreign Relations and Appropriations of the Senate

and the Committees on International Relations and Appropriations of the House of Representatives in writing—

74

(A) with respect to assistance or other actions under

chapter 2 or 5 of part II of this Act, or sales or other actions

under the Arms Export Control Act, that to do so is vital

to the national security interests of the United States; and

(B) with respect to other assistance or actions, that to do

so is important to the security interests of the United

States.

ø(3)¿(2) Before exercising the authority granted in this subsection, the President shall consult with, and shall provide a

written policy justification to, the Committee on Foreign Affairs and the Committee on Appropriations of the House of

Representatives and the Committee on Foreign Relations and

the Committee on Appropriations of the Senate.

ø(4)¿(3)(A) The authority of this subsection may not be used

in any fiscal year to authorize— (i) more than $750,000,000 in sales to be made under

the Arms Export Control Act; (ii) the use of more than $250,000,000 of funds made

available for use under this Act or the Arms Export Control Act; and

(iii) the use of more than $100,000,000 of foreign currencies accruing under this Act or any other law.

(B) If the authority of this subsection is used both to authorize a sale under the Arms Export Control Act and to authorize

funds to be used under the Arms Export Control Act or under

this Act with respect to the financing of that sale, then the use

of the funds shall be counted against the limitation in subparagraph (A)(ii) and the portion, if any, of the sale which is not

so financed shall be counted against the limitation in subparagraph (A)(i).

(C) Not more than ø$50,000,000¿ $75,000,000 of the $250,000,000 limitation provided in subparagraph (A)(ii) may

be allocated to any one country in any fiscal year unless that

country is a victim of active aggression, and not more than

$500,000,000 of the aggregate limitation of $1,000,000,000 provided in subparagraphs (A)(i) and (A)(ii) may be allocated to

any one country in any fiscal year.

ø(5)¿(4) The authority of this section may not be used to

waive the limitations on transfers contained in section 610(a)

of this Act [22 USCS 2360(a)].

ø(b) United States obligations in West Germany. Whenever the

President determines it to be important to the national interest, he

may use funds available for the purposes of chapter 4 of part I in

order to meet the responsibilities or objectives of the United States

in Germany, including West Berlin, and without regard to such

provisions of law as he determines should be disregarded to achieve

this purpose.

ø(c) Certification by President of inadvisability to specify nature

of use of funds; reports to Congress. The President is authorized to

use amounts not to exceed $50,000,000 of the funds made available

under this Act pursuant to his certification that it is inadvisable

to specify the nature of the use of such funds, which certification

shall be deemed to be a sufficient voucher for such amounts. The

President shall fully inform the chairman and ranking minority

75

member of the Committee on Foreign Affairs of the House of Representatives and the chairman and ranking minority member of

the Committee on Foreign Relations of the Senate of each use of

funds under this subsection prior to the use of such funds.¿

(b) INAPPLICABLE OR WAIVABLE LAWS.—The provisions referred to

in subsection (a) are those set forth in any of the following:

(1) Any provision of this Act.

(2) Any provision of the Arms Export Control Act (22 U.S.C.

2751 et seq.).

(3) Any provision of law that authorizes the furnishing of foreign assistance or appropriates funds for foreign assistance.

(4) Any other provision of law that restricts assistance, sales

or leases, or other action under a provision of law referred to

in paragraph (1), (2), or (3).

(5) Any provision of law that relates to receipts and credits

accruing to the United States.

* * * * * * *

SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION

CRISIS.

(a) AUTHORITY.—If the President determines that it is important

to the national interests of the United States for United States civilian agencies or non-Federal employees to assist in stabilizing and

reconstructing a country or region that is in, or is in transition

from, conflict or civil strife, the President may, in accordance with

the provisions set forth in section 614(a)(3), notwithstanding any

other provision of law, and on such terms and conditions as the

President may determine, furnish assistance to respond to the crisis.

(b) SPECIAL AUTHORITIES.—To provide assistance authorized in

subsection (a), the President may exercise the authorities contained

in sections 552(c)(2), 610, and 614 of this Act without regard to the

percentage and aggregate dollar limitations contained in such sections.

(c) AUTHORIZATION OF FUNDING.— (1) INITIAL AUTHORIZATION.—There is authorized to be appro- priated, without fiscal year limitation, $100,000,000 in funds

that may be used to provide assistance authorized in subsection

(a).

(2) REPLENISHMENT.—There is authorized to be appropriated

each fiscal year such sums as may be necessary to replenish

funds expended as provided under paragraph (1). Funds authorized to be appropriated under this paragraph shall be

available without fiscal year limitation for the same purpose

and under the same conditions as are provided under paragraph (1).

* * * * * * *

SEC. 620. PROHIBITIONS AGAINST FURNISHING ASSISTANCE.—(a) *

* *

* * * * * * *

(l) * * *

(m)(1) No assistance may be furnished under this Act or the Arms

Export Control Act (22 U.S.C. 2751 et seq.) for the government of

a country if the duly elected head of government for such country

76

is deposed by decree or military coup. The prohibition in the preceding sentence shall cease to apply to a country if the President determines and certifies to the Committee on Foreign Relations of the

Senate and the Committee on International Relations of the House

of Representatives that after the termination of assistance a democratically elected government for such country has taken office.

(2) Paragraph (1) does not apply to assistance to promote democratic elections or public participation in democratic processes.

(3) The President may waive the application of paragraph (1),

and any comparable provision of law, to a country upon determining that it is important to the national security interest of the

United States to do so.

* * * * * * *

SEC. 624. STATUTORY OFFICERS.—(a) * * *

* * * * * * *

(c) * * *

(d) Whenever the President submits to the Senate a nomination of

an individual for appointment to a position authorized under subsection (a), the President shall designate the particular position in

the agency for which the individual is nominated.

* * * * * * *

SEC 634A. NOTIFICATION OF PROGRAM CHANGES.—(a) * * *

(b) The notification requirement of this section does not apply to

the reprogramming—

(1) of funds to be used for an activity, program, or project

under chapter 1 of part I (22 USC 2151 et seq.) if the amounts

to be obligated for that activity, program, or project for that fiscal year do not exceed by more than 10 percent the amount

justified to the Congress for that activity, program, or project

for that fiscal year; øor¿

(2) of less than $25,000 to be used under chapter 8 of part

I (22 USC 2291 et seq.), or under chapter 5 of part II (22 USC

2347 et seq.), for a country for which a program under that

chapter (22 USC 2347 et seq.) for that fiscal year was justified

to the Congressø.¿ ;

(3) of funds if the advance notification would pose a substantial risk to human health or welfare, but such notification shall

be provided to the committees of Congress named in subsection

(a) not later than 3 days after the action is taken; or

(4) of funds made available under section 23 of the Arms Export Control Act (22 U.S.C. 2763) for the provision of major defense equipment (other than conventional ammunition), aircraft, ships, missiles, or combat vehicles in quantities not in excess of 20 percent of the quantities previously justified under

section 25 of such Act (22 U.S.C. 2765).

* * * * * * *

SEC. 635. GENERAL AUTHORITIES.—(a) * * *

* * * * * * *

(h) A contract or agreement which entails commitments for the

expenditure of funds øavailable under chapter 1 (22 USC 2151 et

seq.) (except development loans) and title II of chapter 2 of part I

77

(22 USC 2171 et seq.) and under part II may,¿ made available

under the Act may, subject to any future action of the Congress, extend at any time for not more than five years.

ø(i) Settlement and arbitration of claims arising under investment guaranty operations. Claims arising as a result of investment

guaranty operations may be settled, and disputes arising as a result thereof may be arbitrated with the consent of the parties, on

such terms and conditions as the President may direct. Payment

made pursuant to any such settlement, or as a result of arbitration

award, shall be final and conclusive notwithstanding any other provision of law.¿

(i) Notwithstanding any other provision of law, claims arising as

a result of operations under this Act may be settled (including by

use of alternative dispute resolution procedures) or arbitrated with

the consent of the parties. Payment made pursuant to any such settlement or arbitration shall be final and conclusive.

* * * * * * *

636. AVAILABILITY OF FUNDS.—(a) * * *

(1) * * *

* * * * * * *

(3) contracting with individuals for personal services abroad:

Provided, That such individuals shall not be regarded as employees of the United States Government for the purpose of

any law administered by the øCivil Service Commission¿ Office

of Personnel Management;

(4) * * *

ø(5) purchase and hire of passenger motor vehicles: Provided,

That, except as may otherwise be provided in an appropriation

or other Act, passenger motor vehicles for administrative purposes outside the United States may be purchased for replacement only, and such vehicles may be exchanged or sold and replaced by an equal number of such vehicles, and the cost, including exchange allowance, of each such replacement shall not

exceed the current market price in the United States of a midsized sedan or station wagon meeting the requirements established by the General Services Administration for a Class III

vehicle of United States manufacture (or, if the replacement

vehicle is a right-hand drive vehicle, 120 percent of that price)

in the case of an automobile for the chief of any special mission

or staff outside the United States established under section

631 (22 USC 2391): Provided further, That passenger motor vehicles, other than one for the official use of the head of the

agency primarily responsible for administering part I, may be

purchased for use in the United States only as may be specifically provided in an appropriation or other Act;¿

(5) purchase and hire of passenger motor vehicles;

* * * * * * *

(10) rent or lease outside the United States øfor not to exceed ten years¿ of offices, buildings, grounds, and quarters, including living quarters to house personnel, and payments

therefor in advance; maintenance, furnishings, necessary repairs, improvements, and alterations to properties owned or

78

rented by the United States Government or made available for

use to the United States Government outside the United

States; and costs of fuel, water, and utilities for such properties;

* * * * * * *

(c) Notwithstanding any other law, ønot to exceed $6,000,000 of

the¿ funds available for assistance under this Act may be used in

any fiscal year (in addition to funds available for such use under

other authorities in this Act) to construct or otherwise acquire outside the United States (1) essential living quarters, office space,

and necessary supporting facilities for use of personnel carrying out

activities authorized by this Act, and (2) schools (including dormitories and boarding facilities) and hospitals for use of personnel

carrying out activities authorized by this Act, United States Government personnel, and their dependents. In addition, funds made

available for assistance under this Act may be used, notwithstanding any other law, to equip, staff, operate, and maintain such

schools and hospitals.

(d) øNot to exceed $2,500,000 of funds¿ Funds available for assistance under this Act may be used in any fiscal year to provide

assistance, on such terms and conditions as are deemed appropriate, to schools established, or to be established, outside the

United States whenever it is determined that such action would be

more economical or would best serve the interests of the United

States in providing for the education of dependents of personnel

carrying out activities authorized by this Act and dependents of

United States Government personnel, in lieu of acquisition or construction pursuant to subsection (c) of this section.

* * * * * * *

SEC. 655. ANNUAL MILITARY ASSISTANCE REPORT.

(a) REPORT REQUIRED. * * *

* * * * * * *

ø(c) AVAILABILITY ON INTERNET.—All unclassified portions of

such report shall be made available to the public on the Internet

through the Department of State.¿

(c) AVAILABILITY OF REPORT INFORMATION ON THE INTERNET.—

(1) REQUIREMENT FOR DATABASE.—The Secretary of State, in

consultation with the Secretary of Defense, shall make available

to the public the unclassified portion of each such report in the

form of a database that is available via the Internet and that

may be searched by various criteria.

(2) SCHEDULE FOR UPDATING.—Not later than April 1 of each

year, the Secretary of State shall make available in the database the information contained in the annual report for the fiscal year ending the previous September 30.

* * * * * * *

SEC. 660. POLICE TRAINING PROHIBITION.—(a) * * *

(b) Subsection (a) of this section shall not apply—

(1) * * *

* * * * * * *

79

(4) with respect to assistance provided to police forces in connection with their participation in the regional security system

of the Eastern Caribbean states; øor¿

(5) with respect to assistance, including training, relating to

sanctions monitoring and enforcement;

(6) with respect to assistance provided to reconstitute civilian

police authority and capability in the post-conflict restoration

of host nation infrastructure for the purposes of supporting a

nation emerging from instability, øand the provision of professional public safety training, to include training in internationally recognized standards of human rights, the rule of law,

anti-corruption, and the promotion of civilian police roles that

support democracy¿ including any regional, district, municipal,

or other subnational entity emerging from instability;

(7) with respect to assistance provided to customs authorities

and personnel, including training, technical assistance and

equipment, for customs law enforcement and the improvement

of customs laws, systems and proceduresø.¿ ;

(8) with respect to assistance to combat corruption in furtherance of the objectives for which programs are authorized to be

established under section 133 of this Act;

(9) with respect to the provision of professional public safety

training, including training in internationally recognized

standards of human rights, the rule of law, and the promotion

of civilian police roles that support democracy; or

(10) with respect to assistance to combat trafficking in persons.Notwithstanding clause (2), subsection (a) shall apply to

any renewal or extension of any contract referred to in such

paragraph entered into on or after such date of enactment.

(c) Country with longstanding democratic tradition, etc. Subsection (a) shall not apply with respect to a country which has a

longstanding democratic tradition, does not have standing armed

forces, and does not engage in a consistent pattern of gross violations of internationally recognized human rights.

ø(d) Assistance to Honduras or El Salvador. Notwithstanding the

prohibition contained in subsection (a) assistance may be provided

to Honduras or El Salvador for fiscal years 1986 and 1987 if, at

least 30 days before providing assistance, the President notifies the

Committee on Foreign Affairs of the House of Representatives and

the Committee on Foreign Relations of the Senate, in accordance

with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act (22 USC 2394–1), that he has determined that the government of the recipient country has made

significant progress, during the preceding six months, in eliminating any human rights violations including torture, incommunicado detention, detention of persons solely for the nonviolent expression of their political views, or prolonged detention without

trial. Any such notification shall include a full description of the assistance which is proposed to be provided and of the purposes to

which it is to be directed.¿

(d) Subsection (a) shall not apply to assistance for law enforcement forces for which the President, on a case-by-case basis, determines that it is important to the national interest of the United

States to furnish such assistance and submits to the committees of

80

the Congress referred to in subsection (a) of section 634A of this Act

an advance notification of the obligation of funds for such assistance in accordance with such section 634A.

* * * * * * *

SEC. 667. OPERATING øEXPENSES¿ EXPENSES OF THE UNITED

STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.—(a) There are

authorized to be appropriated to the President, in addition fo funds

otherwise available for such purposes—

ø(1) $387,000,000 for the fiscal year 1986 and $387,000,000

for the fiscal year 1987 for necessary operating expenses of the

agency primarily responsible for administering part I of this

Act, of which $21,750,000 for the fiscal year 1987 is authorized

for the necessary operating expenses of the Office of the Inspector General of the Agency for International Development

and the remaining amount for the fiscal year is authorized for

other necessary operating expenses of that agency and¿

(1) $623,400,000 for the fiscal year 2005 for necessary operating expenses of the United States Agency for International Development; and

(2) such amounts as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized

by law, and for other nondiscretionary costs of such øagency¿

Agency.

(b) There are authorized to be appropriated to the President, in

addition to funds available under subsection (a) or any other provision of law for such purposes—

(1) $36,400,000 for fiscal year 2005 for necessary operating

expenses of the Office of Inspector General of the United States

Agency for International Development; and

(2) such amounts as may be necessary for increases in pay,

retirement, and other employee benefits authorized by law for

the employees of such Office, and for other nondiscretionary

costs of such Office.

ø(b)¿(c) Amounts appropriated under this section are authorized

to reamin abailable until expended.

* * * * * * *

PART VI—SPECIAL DEBT RELIEF FOR THE POOREST

COUNTRIES

SEC. 901. SPECIAL DEBT RELIEF FOR THE POOREST COUNTRIES.

(a) AUTHORITY.—Subject to subsections (b) and (c), the President

may reduce amounts owed to the United States (or any agency of

the United States) by an eligible country as a result of any of the

following transactions:

(1) Concessional loans extended under part I or chapter 4 of

part II, or antecedent foreign economic assistance laws.

(2) Guarantees issued under sections 221 and 222.

(3) Credits extended or guarantees issued under the Arms Export Control Act (22 U.S.C. 2751 et seq.).

(4) Any obligation, or portion of such obligation, to pay for

purchases of United States agricultural commodities guaranVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00080 Fmt 6659 Sfmt 6603 FAA06.TXT SFRELA2 PsN: SFRELA2
81

teed by the Commodity Credit Corporation under export credit

guarantee programs authorized pursuant to—

(A) section 5(f) of the Commodity Credit Corporation

Charter Act (15 U.S.C. 714c(f));

(B) section 201(b) of the Agricultural Trade Act of 1978

(7 U.S.C. 5621(b)); or

(C) section 202 of the Agricultural Trade Act of 1978 (7

U.S.C. 5622).

(b) GENERAL LIMITATIONS.— (1) EXCLUSIVE CONDITIONS.—The authority provided in subsection (a) may be exercised—

(A) only to implement multilateral official debt relief and

referendum agreements, commonly referred to as ‘Paris

Club Agreed Minutes’;

(B) only in such amounts or to such extent as is provided

in advance in appropriations Acts; and

(C) only with respect to countries with heavy debt burdens that—

(i) are eligible to borrow from the International Development Association, but not from the International

Bank for Reconstruction and Development, commonly

referred to as ‘IDA-only’ countries; and

(ii) are not determined ineligible under subsection

(c).

(2) ADVANCE NOTIFICATION OF CONGRESS.—The authority provided by subsection (a) shall be subject to the requirements of

section 634A.

(c) ELIGIBILITY LIMITATIONS.—The authority provided by subsection (a) may be exercised only with respect to a country the government of which, as determined by the President—

(1) does not make an excessive level of military expenditures;

(2) has not repeatedly provided support for acts of international terrorism;

(3) is not failing to cooperate on international narcotics control matters;

(4) does not engage, through its military or security forces or

by other means, in a consistent pattern of gross violations of

internationally recognized human rights; and

(5) is not ineligible for assistance under section 527 of the

Foreign Relations Authorization Act, Fiscal Years 1994 and

1995 (22 U.S.C. 2370a).

(d) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt

pursuant to subsection (a) may not be considered assistance for purposes of any provision of law limiting assistance to a country. The

authority provided in subsection (a) may be exercised notwithstanding section 620(r) of this Act or section 321 of the International Development and Food Assistance Act of 1975 (22 U.S.C.

2220a note).

* * * * * * *

Foreign Service Act of 1980

* * * * * * *

82

SEC. 301. GENERAL PROVISIONS RELATING TO APPOINTMENTS.—(a)

Only citizens of the United States may be appointed to the Service,

other than for service abroad as a consular agent or as a foreign

national employee.

(b) The Secretary shall prescribe, as appropriate, written, oral,

physical, foreign language, and other examinations for appointment

to the Service (other than as a chief of mission or ambassador at

large). At the time of entry into the Service, each member of the

Service must be worldwide available, as determined by the Secretary of State through appropriate medical examinations, unless

the Secretary determines that a waiver of the worldwide availability

requirement is required to fulfill a compelling Service need.

* * * * * * *

SEC. 302. APPOINTMENTS BY THE PRESIDENT.—(a)(1) * * *

* * * * * * *

(B)(i) * * *

(ii) The President may confer such personal rank only if, prior to

such conferral, he transmits to the Committee on Foreign Relations

of the Senate a written report setting forth—

(I)–(III) * * *

(IV) all relevant information concerning any potential conflict of interest which the proposed recipient of such personal

rank may have with regard to the special mission, including

information that is required to be disclosed on the Standard

Form 278, or any successor financial disclosure report.

Such report shall be transmitted not less than 30 days prior to conferral of the personal rank of ambassador or minister except in

cases where the President certifies in his report that urgent circumstances require the immediate conferral of such rank.

* * * * * * *

SEC. 305. APPOINTMENT TO THE SENIOR FOREIGN SERVICE.—(a) *

* *

* * * * * * *

ø(d) The Secretary shall by regulation establish a recertification

process for members of the Senior Foreign Service that is equivalent to the recertification process for the Senior Executive Service

under section 3993a of title 5, United States Code.¿ Section 305(d)

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

* * * * * * *

SEC. 309. LIMITED APPOINTMENTS.—(a) A limited appointment in

the Service, including an appointment of an individual who is an

employee of an agency, may not exceed 5 years in duration and, except as provided in øsubsection (b)¿ subsections (b) and (c), may not

be extended or renewed. A limited appointment in the Service

which is limited by its terms to a period of one year or less is a

temporary appointment.

(b) A limited appointment may be extended for continued

service—

(1) as a consular agent;

(2) in accordance with section 311(a);

83

ø(3) as a career candidate, if continued service is determined

appropriate to remedy a matter that would be cognizable as a

grievance under chapter 11;¿

(3) as a career candidate if—

(A) continued service is determined appropriate to remedy

a matter that would be cognizable as a grievance under

chapter 11; or

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

under chapter 43 of title 38, United States Code, and the

limited appointment expires in the course of such military

active duty;

(4) as a career employee in another Federal personnel system serving in a Foreign Service position on detail from another agency; øand¿

(5) as a foreign national employee; and

(6) in exceptional circumstances when the Secretary determines the needs of the Service require the extension of a limited

appointment—

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

such period of time does not permit additional review by

the boards under section 306; or

(B) in order to settle a grievance, claim, or complaint not

otherwise provided for in this section.

(c)(1) Non-career specialist employees who have served five consecutive years under a limited appointment may be reappointed to

a subsequent limited appointment, provided that there is a one-year

break in service between each appointment.

(2) The requirement for a one-year break in service may be waived

by the Secretary of State in cases of special need.

* * * * * * *

SEC. 503. ASSIGNMENTS TO AGENCIES, INTERNATIONAL ORGANIZA- TIONS, øAND¿ FOREIGN GOVERNMENTS, OR OTHER BODIES.—(a) The

Secretary may (with the concurrence of the agency, organization, or

other body concerned) assign a member of the Service for duty—

(1) in a non-Foreign Service (including Senior Executive

Service) position in the Department or another agency, or with

an international organization, international commission, or

other international body, or with a foreign government under

section 506 or 507;

* * * * * * *

SEC. 506. FELLOWSHIP OF HOPE.—(a) The Secretary is authorized

to establish the Fellowship of Hope Program. Under the program,

the Secretary may assign a member of the Service, for not more than

one year, to a position with any designated country or designated

entity that permits an employee to be assigned to a position with the

Department.

(b) The salary and benefits of a member of the Service shall be

paid as described in subsection (b) of section 503 during a period

in which such member is participating in the Fellowship of Hope

Program. The salary and benefits of an employee of a designated

country or designated entity participating in such program shall be

paid by such country or entity during the period in which such employee is participating in the program.

84

(c) In this section:

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

of—

(A) the North Atlantic Treaty Organization; or

(B) the European Union.

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

(A) the North Atlantic Treaty Organization; or

(B) the European Union.

SEC. 507. SECURITY OFFICERS EXCHANGE.—(a) The Secretary is

authorized to establish the Security Officers Exchange Program.

Under the program, the Secretary may assign a member of the service, for not more than a total of 3 years, to a position with the Government of Australia or the United Kingdom if such Government

permits an employee of such Government to be assigned to a position with the Department.

(b) The salary and benefits of the members of the service shall be

paid as described in section 503(b) during a period in which such

officer is participating in the Security Officers Exchange Program.

The salary and benefits of an employee of the Government of Australia or the United Kingdom participating in such program shall

be paid by such country during the period in which such employee

is participating in the program.

* * * * * * *

SEC. 610. SEPARATION FOR CAUSE; SUSPENSION.—(a)(1) The Secretary may decide to separate any member from the Service for

such cause as will promote the efficiency of the Service.

* * * * * * *

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

pay when there is reasonable cause to believe that the member has

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

(2) Any member of the Service for which a suspension is proposed

shall be entitled to—

(A) written notice stating the specific reasons for the proposed suspension;

(B) a reasonable time to respond orally and in writing to

the proposed suspension;

(C) representation by an attorney or other representative;

and

(D) a final written decision, including the specific reasons

for such decision, as soon as practicable.

(3) Any member suspended under this section may file a

grievance in accordance with the procedures applicable to grievances under chapter 11 of this title.

(4) In the case of a grievance filed under paragraph (3)—

(A) the review by the Foreign Service Grievance Board

shall be limited to a determination of whether the reasonable cause requirement has been fulfilled and whether there

is a connection between the conduct and the efficiency of the

Service; and

(B) the Foreign Service Grievance Board may not exercise

the authority provided under section 1106(8).

85

(5) In this subsection:

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

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

to duty in the United States, at least 15 days after receiving notice of the proposed suspension; and

(ii) with respect to a member of the Service assigned

to duty outside the United States, at least 30 days after

receiving notice of the proposed suspension.

(B) The term ‘‘suspend’’ or ‘‘suspension’’ means the placing of a member of the Service in a temporary status without duties and pay.

* * * * * * *

SEC. 701. INSTITUTION FOR TRAINING .—(a) INSTITUTION OR CENTER FOR TRAINING.— * * *

* * * * * * *

(g) STABILIZATION AND RECONSTRUCTION CURRICULUM.—

(1) ESTABLISHMENT AND MISSION.—The Secretary, in cooperation with the Secretary of Defense and the Secretary of the

Army, is authorized to establish a stabilization and reconstruction curriculum for use in programs of the Foreign Service Institute, the National Defense University, and the United States

Army War College.

(2) CURRICULUM CONTENT.—The curriculum shall include the

following:

(A) An overview of the global security environment, including an assessment of transnational threats and an

analysis of United States policy options to address such

threats.

(B) A review of lessons learned from previous United

States and international experiences in stabilization and

reconstruction activities.

(C) An overview of the relevant responsibilities, capabilities, and limitations of various Executive agencies (as that

term is defined in section 105 of title 5, United States Code)

and the interactions among them.

(D) A discussion of the international resources available

to address stabilization and reconstruction requirements,

including resources of the United Nations and its specialized agencies, nongovernmental organizations, private and

voluntary organizations, and foreign governments, together

with an examination of the successes and failures experienced by the United States in working with such entities.

(E) A study of the United States interagency system.

(F) Foreign language training.

(G) Training and simulation exercises for joint civilianmilitary emergency response operations.

ø(g)¿ (h) The authorities of section 704 shall apply to training

and instruction provided under this section.

* * * * * * *

SEC. 824. REEMPLOYMENT.—(a) * * *

* * * * * * *

86

ø(g) The Secretary of State may waive the application of the

paragraphs (a) through (d) of this section, on a case-by-case basis,

for an annuitant reemployed on a temporary basis, but only if, and

for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances.¿

(g)(1) The Secretary of State may waive the application of subsections (a) through (d) on a case-by-case basis for an annuitant reemployed on a temporary basis—

(A) if, and for so long as, such waiver is necessary due to an

emergency involving a direct threat to life or property or other

unusual circumstances; or

(B) if the annuitant is employed in a position for which there

is exceptional difficulty in recruiting or retaining a qualified

employee.

(2) An annuitant for whom a waiver has been granted under

paragraph (1) shall not be deemed to be a member of the Service

for purposes of this chapter.

(3) The authority of the Secretary of State under paragraph (1)(B)

to waive the application of subsections (a) through (d) shall expire

on September 30, 2007.

* * * * * * *

SEC. 901. TRAVEL AND RELATED EXPENSES.—The Secretary may

pay the travel and related expenses of members of the Service and

their families, including costs or expenses incurred for—

(1) * * *

* * * * * * *

(6) rest and recuperation travel of members of the Service who

are United States citizens, and members of their families, while

serving at locations abroad specifically designated by the Secretary

for purposes of this paragraph, to—

(A) other locations abroad having different social, climatic, or

other environmental conditions than those at the post at which

the member of the Service is serving, or

(B) locations in the United States;

except that, unless the Secretary otherwise specifies in extraordinary circumstances, travel expenses under this paragraph shall

be limited to the cost for a member of the Service, and for each

member of the family of the member, of 1 round trip during any

continous 2-year tour øunbroken by home leave¿ and of 2 round

trips during any continuous 3-year tour øunbroken by home leave¿.

* * * * * * *

SEC. 903. REQUIRED LEAVE IN THE UNITED STATES.—(a) The Secretary may order a member of the Service (other than a member

employed under section 311) who is a citizen of the United States

to take a leave of absence under section 6305 of title 5, United

States Code (without regard to the introductory clause of subsection (a) of that section), upon completion by that member of ø18

months¿ 12 months of continuous service abroad. The Secretary

shall order on such a leave of absence a member of the Service

(other than a member employed under section 311) who is a citizen

87

of the United States as soon as possible after completion by that

member of 3 years of continuous service abroad.

* * * * * * *

SEC. 904. HEALTH CARE.—(a) * * *

* * * * * * *

(g) Reimbursements paid to the Secretary of State for funding the

costs of medical care abroad for employees and eligible family members shall be credited to the currently available applicable appropriation account. Such reimbursements shall be available for obligation and expenditure during the fiscal year in which they are received or for such longer period of time as may be provided in law.

* * * * * * *

* * * * * * *

SEC. 1106. BOARD PROCEDURES.—The Board may adopt regulations concerning its organization and procedures. Such regulations

shall include provision for the following:

(1) * * *

* * * * * * *

(8) If the Board determines that the Department is considering the involuntary separation of the grievant (other than an

involuntary separation for cause under section 610(a)), disciplinary action against øthe grievant or¿ the grievant, or recovery

from the grievant of alleged overpayment of salary, expenses,

or allowances, which is related to a grievance pending before

the Board and that such action should be suspended, the Department shall suspend such action until the date which is one

year after such determination or until the Board has ruled

upon the grievance, whichever comes first. The Board shall extend the one-year limitation under the preceding sentence and

the Department shall continue to suspend such action, if the

Board determines that the agency or the board is responsible

for the delay in the resolution of the grievance. The Board may

also extend the 1-year limit if it determines that the delay is

due to the complexity of the case, the unavailability of witnesses or to circumstances beyond the control of the agency,

the Board or the grievant. Notwithstanding such suspension of

action, the head of the agency concerned or a chief of mission

or principal officer may exclude the grievant from official premises or from the performance of specified functions when such

exclusion is determined in writing to be essential to the functioning of the post or office to which the grievant is assigned.

* * * * * * *

Arms Export Control Act

* * * * * * *

SEC. 3. ELIGIBILITY.—(a) * * *

* * * * * * *

(d)(1) øSubject to paragraph (5), the¿ The President may not give

his consent under paragraph (2) of subsection (a) or under the third

sentence of such subsection, or under section 505(a)(1) or 505(a)(4)

88

of the Foreign Assistance Act of 1961, to a transfer of any major

defense equipment valued (in terms of its original acquisition cost)

at ø$14,000,000¿ $50,000,000 or more, or any defense article or related training or other defense øservice valued (in terms of its

original acquisition cost) at $50,000,000¿ service valued (in terms

of its original acquisition cost) at $100,000,000 or more, unless the

President submits to the Speaker of the House of Representatives

and the Committee on Foreign Relations of the Senate a written

certification with respect to such proposed transfer containing—

* * * * * * *

(3)(A) øSubject to paragraph (5), the¿ The President may not give

his consent to the transfer of any major defense equipment valued

(in terms of its original acquisition cost) at ø$14,000,000¿

$50,000,000 or more, or of any defense article or defense øservice

valued (in terms of its original acquisition cost) at $50,000,000¿

service valued (in terms of its original acquisition cost) at

$100,000,000 or more, the export of which has been licensed or approved under section 38 of this Act, unless before giving such consent the President submits to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a certification containing the information specified in subparagraphs (A) through (E) of paragraph (1). Such certification shall be submitted—

* * * * * * *

ø(5) In the case of a transfer to a member country of the North

Atlantic Treaty Organization (NATO) or Australia, Japan, or New

Zealand that does not authorize a new sales territory that includes

any country other than such countries, the limitations on consent

of the President set forth in paragraphs (1) and (3)(A) shall apply

only if the transfer is—

ø(A) a transfer of major defense equipment valued (in terms

of its original acquisition cost) at $25,000,000 or more; or

ø(B) a transfer of defense articles or defense services valued

(in terms of its original acquisition cost) at $100,000,000 or

more).¿

* * * * * * *

SEC. 21. SALES FROM STOCKS.—(a) * * *

* * * * * * *

(h)(1) * * *

* * * * * * *

(2)In carrying out the objectives of this section, the President is

authorized to provide cataloging data and cataloging services without charge, øto the North Atlantic Treaty Organization or to any

member government of that Organization if that Organization or

member government¿ to the North Atlantic Treaty Organization, to

any member government of that Organization, or to the government

of any other country if that Organization, member government, or

other government provides such data and services in accordance

with an agreement on a reciprocal basis, without charge, to the

United States Government.

* * * * * * *

89

SEC. 36. REPORTS ON COMMERCIAL AND GOVERNMENTAL MILITARY

EXPORTS; CONGRESSIONAL ACTION.—(a) * * *

* * * * * * *

(b)(1) øSubject to paragraph (6), in¿ In the case of any letter of

offer to sell any defense articles or services under this øAct for

$50,000,000¿ Act for $100,000,000 or more, any design and construction øservices for $200,000,000¿ services for $350,000,000 or

more, or any major defense equipment for ø$14,000,000¿

$50,000,000 or more, and in other cases if the President determines

it is appropriate, before such letter of offer is issued, the President

shall submit to the Speaker of the House of Representatives and

to the chairman of the Committee on Foreign Relations of the Senate a numbered certification with respect to such offer to sell containing the information specified in clauses (i) through (iv) of subsection (a), or (in the case of a sale of design and construction services) the information specified in clauses (A) through (D) of paragraph (9) of subsection (a), and a description, containing the information specified in paragraph (8) of subsection (a), of any contribution, gift, commission, or fee paid or offered or agreed to be paid

in order to solicit, promote, or otherwise to secure such letter of

offer. Such numbered certifications shall also contain an item, classified if necessary, identifying the sensitivity of technology contained in the defense articles, defense services, or design and construction services proposed to be sold, and a detailed justification

of the reasons necessitating the sale of such articles or services in

view of the sensitivity of such technology. In a case in which such

articles or services listed on the Missile Technology Control Regime

Annex are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in section 74), such report shall include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. Each such numbered certification shall contain an item indicating whether any offset agreement is proposed to be entered into

in connection with such letter of offer to sell (if known on the date

of transmittal of such certification). In addition, the President

shall, upon the request of such committee or the Committee on Foreign Affairs of the House of Representatives, transmit promptly to

both such committees a statement setting forth, to the extent specified in such request—

* * * * * * *

(5)(A) * * *

* * * * * * *

(C) øSubject to paragraph (6), if¿ If the enhancement or upgrade

in the sensitivity of technology or the capability of major defense

equipment, defense articles, defense services, or design and construction services described in a numbered certification submitted

under this subsection øcosts $14,000,000¿ costs $50,000,000 or

more in the case of any major defense øequipment, $50,000,000¿

equipment, $100,000,000 or more in the case of defense articles or

defense services, øor $200,000,000¿ or $350,000,000 or more in the

case of design or construction services, and in other cases if the

90

President determines it is appropriate, then the President shall submit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a new

numbered certification which relates to such enhancement or upgrade and which shall be considered for purposes of this subsection

as if it were a separate letter of offer to sell defense equipment, articles, or services, subject to all of the requirements, restrictions,

and conditions set forth in this subsection. For purposes of this

subparagraph, references in this subsection to sales shall be

deemed to be references to enhancements or upgrades in the sensitivity of technology or the capability of major defense equipment,

articles, or services, as the case may be.

ø(6) The limitation in paragraph (1) and the requirement in

paragraph (5)(C) shall apply in the case of a letter of offer to sell

to a member country of the North Atlantic Treaty Organization

(NATO) or Australia, Japan, or New Zealand that does not authorize a new sales territory that includes any country other than such

countries only if the letter of offer involves—

ø(A) the sale of major defense equipment under this Act for,

or the enhancement or upgrade of major defense equipment at

a cost of, $25,000,000 or more, as the case may be; and

ø(B) the sale of defense articles or services for, or the enhancement or upgrade of defense articles or services at a cost

of, $100,000,000 or more, as the case may be; or

ø(C) the sale of design and construction services for, or the

enhancement or upgrade of design and construction services at

a cost of, $300,000,000 or more, as the case may be.¿

* * * * * * *

(c)(1) øSubject to paragraph (5), in¿ In the case of an application

by a person (other than with regard to a sale under section 21 or

section 22 of this Act) for a license for the export of any major defense equipment sold under a contract in the amount of

ø$14,000,000¿ $50,000,000 or more or of defense articles or defense

øservices sold under a contract in the amount of $50,000,000¿ services sold under a contract in the amount of $100,000,000or more,

(or, in the case of a defense article that is a firearm controlled

under category I of the United States Munitions List, $1,000,000

or more) and in other cases if the President determines it is appropriate, before issuing such license the President shall transmit to

the Speaker of the House of Representatives and to the chairman

of the Committee on Foreign Relations of the Senate an unclassified numbered certification with respect to such application specifying (A) the foreign country or international organization to which

such export will be made, (B) the dollar amount of the items to be

exported, and (C) a description of the items to be exported. Each

such numbered certification shall also contain an item indicating

whether any offset agreement is proposed to be entered into in connection with such export and a description of any such offset agreement. In addition, the President shall, upon the request of such

committee or the Committee on Foreign Affairs of the House of

Representatives, transmit promptly to both such committees a

statement setting forth, to the extent specified in such request a

description of the capabilities of the items to be exported, an estimate of the total number of United States personnel expected to be

91

needed in the foreign country concerned in connection with the

items to be exported and an analysis of the arms control impact

pertinent to such application, prepared in consultation with the

Secretary of Defense and a description from the person who has

submitted the license application of any offset agreement proposed

to be entered into in connection with such export (if known on the

date of transmittal of such statement). In a case in which such articles or services are listed on the Missile Technology Control Regime

Annex and are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in

section 74), such report shall include a description of the proposed

export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation

policy. A certification transmitted pursuant to this subsection shall

be unclassified, except that the information specified in clause (B)

and the details of the description specified in clause (C) may be

classified if the public disclosure thereof would be clearly detrimental to the security of the United States, in which case the information shall be accompanied by a description of the damage to the

national security that could be expected to result from public disclosure of the information.

(2) Unless the President states in his certification that an emergency exists which requires the proposed export in the national security interests of the United States, a license for export described

in paragraph (1)—

(A) in the case of a license for an export to the North Atlantic Treaty Organization, any member country of that Organization or Australia, Japan, or New Zealand, shall not be issued

until at least 15 calendar days after the Congress receives such

certification, and shall not be issued then if the Congress,

within that 15-day period, enacts a joint resolution prohibiting

the proposed export;

(B) in the case of a license for an export of a commercial

communications satellite for launch from, and by nationals of,

the Russian Federation, Ukraine, or Kazakhstan, shall not be

issued until at least 15 calendar days after the Congress receives such certification, and shall not be issued then if the

Congress, within that 15-day period, enacts a joint resolution

prohibiting the proposed export; and

(C) in the case of any other license, shall not be issued until

at least 30 calendar days after the Congress receives such certification, and shall not be issued then if the Congress, within

that 30-day period, enacts a joint resolution prohibiting the

proposed export.

If the President states in his certification that an emergency exists

which requires the proposed export in the national security interests of the United States, thus waiving the requirements of subparagraphs ø(A) and (B)¿ (A), (B), and (C) of this paragraph, he

shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate the immediate issuance of the export

license and a discussion of the national security interests involved.

* * * * * * *

92

ø(5) In the case of an application by a person (other than with

regard to a sale under section 21 or 22 of this Act) for a license

for the export to a member country of the North Atlantic Treaty

Organization (NATO) or Australia, Japan, or New Zealand that

does not authorize a new sales territory that includes any country

other than such countries, the limitations on the issuance of the license set forth in paragraph (1) shall apply only if the license is

for export of—

ø(A) major defense equipment sold under a contract in the amount of $25,000,000 or more; or

ø(B) defense articles or defense services sold under a contract in the amount of $100,000,000 or more.¿

* * * * * * *

(d)(1)(A) In the case of an approval under section 38 of this Act

of a United States commercial technical assistance or manufacturing licensing agreement which involves the manufacture abroad

of any item of significant combat equipment on the United States

Munitions List, before such approval is given, the President shall

submit a certification with respect to such proposed commercial

agreement in a manner similar to the certification required under

subsection (c)(1) containing comparable information, except that

the last sentence of such subsection shall not apply to certifications

submitted pursuant to øthis subsection¿ this subparagraph.

(B) Notwithstanding section 27(g), in the case of a comprehensive

authorization described in section 126.14 of title 22, Code of Federal

Regulations (or any corresponding similar regulation) for the proposed export of defense articles or defense services in an amount

that exceeds a limitation set forth in subsection (c)(1), before the

comprehensive authorization is approved or the addition of a foreign government or other foreign partner to the comprehensive authorization is approved, the President shall submit a certification

with respect to the comprehensive authorization in a manner similar to the certification required under subsection (c)(1) of this section

and containing comparable information, except that the last sentence of such subsection shall not apply to certifications submitted

pursuant to this subparagraph.

(2) * * *

* * * * * * *

(4) øApproval for an agreement subject to paragraph (1) may not

be given under section 38¿ Approval for an agreement subject to

paragraph (1)(A), or for a comprehensive authorization subject to

paragraph (1)(B), may not be given under section 38 or section

126.14 of title 22, Code of Federal Regulations (or any corresponding similar regulation), as the case may be, if the Congress,

within the 15-day or 30-day period specified in paragraph (2)(A) or

(B), as the case may be, enacts a joint resolution prohibiting such

approval.

* * * * * * *

State Department Basic Authorities Act of 1956

* * * * * * *

93

SECTION 1. (a) SECRETARY OF STATE.—

* * * * * * *

(f) HIV/AIDS RESPONSE COORDINATOR.—

(1) IN GENERAL.— * * *

(2) AUTHORITIES AND DUTIES; DEFINITIONS.—

* * * * * * *

(B) DUTIES.— * * *

* * * * * * *

(ii) SPECIFIC DUTIES.— * * *

* * * * * * *

(VII) Directly approving all activities of the

United States (including funding) relating to combatting HIV/AIDS in each of Botswana, Cote

d’Ivoire, Ethiopia, Guyana, Haiti, Kenya, Mozambique, Namibia, Nigeria, Rwanda, South Africa,

Tanzania, Uganda, Zambia, Antigua and Barbuda, the Bahamas, Barbados, Belize, Dominica,

Grenada, Jamaica, Montserrat, Saint Kitts and

Nevis, Saint Vincent and the Grenadines, Saint

Lucia, Suriname, Trinidad and Tobago, Dominican Republic, and other countries designated by

the President, which other designated countries

may include those countries in which the United

States is implementing HIV/AIDS programs as of

the date of the enactment of the United States

Leadership Against HIV/AIDS, Tuberculosis, and

Malaria Act of 2003.

* * * * * * *

SEC. 4. (a) The Secretary of State is authorized to—

* * * * * * *

(b)(1) Expenditures described under subsection (a) shall be made

only for such activities as—

* * * * * * *

(2) Activities described in paragraph (1) include—

* * * * * * *

(I) investigations and apprehension of groups or individuals

involved in fraudulent issuance of United States passports and

visas; øand¿

(J) gifts of nominal value given by the President, Vice President, or Secretary of State to a foreign dignitaryø.¿ ; and

(K) assistance to crime victims under section 213 of the Foreign Relations Authorization Act, Fiscal Years 2006 and 2007.

* * * * * * *

SEC. 24. (a) There are authorized to be appropriated for the Department of State, in addition to amounts otherwise authorized to

be appropriated for the Department, such sums as may be necessary for any fiscal year for increases in salary, pay, retirement,

and other employee benefits authorized by law.

94

(b)(1) In order to maintain the levels of program activity for the

Department of State provided for each fiscal year by the annual authorizing legislation, there are authorized to be appropriated for

the Department of State such sums as may be necessary to offset

adverse fluctuations in foreign currency exchange rates, or overseas

wage and price changes, which occur after November 30 of the earlier of—

* * * * * * *

(7)(A) Subject to the limitations contained in this paragraph, not

later than the end of the fifth fiscal year after the fiscal year for

which funds are appropriated or otherwise made available for an

account under ‘‘Administration of Foreign Affairs’’, the Secretary of

State may transfer any unobligated balance of such funds to the

Buying Power Maintenance account.

(B) The balance of the Buying Power Maintenance account may

not exceed $100,000,000 as a result of any transfer under this

paragraph.

(C) Any transfer pursuant to this paragraph shall be treated as

a reprogramming of funds under section 34 and shall be available

for obligation or expenditure only in accordance with the procedures under such section.

ø(D) The authorities contained in this section may only be exercised to such an extent and in such amounts as specifically provided for in advance in appropriations Acts.¿

* * * * * * *

* * * * * * *

SEC. 37. (a) GENERAL AUTHORITY.—Under such regulations as

the Secretary of State may prescribe, special agents of the Department of State and the Foreign Service may—

* * * * * * *

(d) ADMINISTRATIVE SUBPOENAS.—

(1) IN GENERAL.—If the Secretary of State determines that

there is an imminent threat against a person, foreign mission,

or international organization protected under the authority of

subsection (a)(3), the Secretary may issue in writing, and cause

to be served, a subpoena requiring—

(A) the production of any records or other items relevant

to the threat; and

(B) testimony by the custodian of the items required to be

produced concerning the production and authenticity of

those items.

(2) REQUIREMENTS.—

(A) RETURN DATE.—A subpoena under this subsection

shall describe the items required to be produced and shall

specify a return date within a reasonable period of time

within which the requested items may be assembled and

made available. The return date specified may not be less

than 24 hours after service of the subpoena.

(B) NOTIFICATION TO ATTORNEY GENERAL.—As soon as

practicable following the issuance of a subpoena under this

subsection, the Secretary shall notify the Attorney General

of its issuance.

95

(C) OTHER REQUIREMENTS.—The following provisions of

section 3486 of title 18, United States Code, shall apply to

the exercise of the authority of paragraph (1):

(i) Paragraphs (4) through (8) of subsection (a).

(ii) Subsections (b), (c), and (d).

(3) DELEGATION OF AUTHORITY.—The authority under this

subsection may be delegated only to the Deputy Secretary of

State.

(4) ANNUAL REPORT.—Not later than February 1 of each year,

the Secretary of State shall submit to the Committee on Foreign

Relations of the Senate and the Committee on International Relations of the House of Representatives a report regarding the

exercise of the authority under this subsection during the previous calendar year.

SEC. 37A. PROTECTION OF BUILDINGS AND AREAS IN THE UNITED

STATES BY DESIGNATED LAW ENFORCEMENT OFFICERS.

(a) DESIGNATION OF LAW ENFORCEMENT OFFICERS.—The Secretary of State may designate Department of State uniformed

guards as law enforcement officers for duty in connection with the

protection of buildings and areas within the United States for

which the Department of State provides protective services, including duty in areas outside the property to the extent necessary to protect the property and persons on the property.

(b) POWERS OF OFFICERS.—While engaged in the performance of

official duties as a law enforcement officer designated under subsection (a), an officer may—

(1) enforce Federal laws and regulations for the protection of

persons and property;

(2) carry firearms; and

(3) make arrests without warrant for any offense against the

United States committed in the officer’s presence, or for any felony cognizable under the laws of the United States if the officer

has reasonable grounds to believe that the person to be arrested

has committed or is committing such felony in connection with

the buildings and areas, or persons, for which the Department

of State is providing protective services.

(c) REGULATIONS.—(1) The Secretary of State may prescribe regulations necessary for the administration of buildings and areas

within the United States for which the Department of State provides

protective services. The regulations may include reasonable penalties, within the limits prescribed in subsection (d), for violations

of the regulations.

(2) The Secretary shall consult with the Secretary of Homeland

Security in prescribing the regulations under paragraph (1).

(3) The regulations shall be posted and kept posted in a conspicuous place on the property.

(d) PENALTIES.—A person violating a regulation prescribed under

subsection (c) shall be fined under title 18, United States Code, or

imprisoned for not more than 30 days, or both.

(e) TRAINING OFFICERS.—The Secretary of State may also designate firearms and explosives training officers as law enforcement

officers under subsection (a) for the limited purpose of safeguarding

firearms, ammunition, and explosives that are located at firearms

and explosives training facilities approved by the Secretary or are

96

in transit between training facilities and Department of State weapons and munitions vaults.

(f) ATTORNEY GENERAL APPROVAL.—The powers granted to officers designated under this section shall be exercised in accordance

with guidelines approved by the Attorney General.

(g) RELATIONSHIP TO OTHER AUTHORITY.—Nothing in this section

shall be construed to affect the authority of the Secretary of Homeland Security, the Administrator of General Services, or any Federal

law enforcement agency.

(h) LAW ENFORCEMENT OFFICER STATUS.—The use of the term

‘‘law enforcement officer’’ in this section shall not be construed to

qualify a person so designated under this section as a law enforcement officer, as that term is defined in section 8401(17) of title 5,

United States Code, for purposes of chapter 84 of such title.’’.

* * * * * * *

SEC. 38. (a) INTERNATIONAL AGREEMENTS.— * * *

* * * * * * *

(d) INTERNATIONAL LITIGATION FUND.—

(1) ESTABLISHMENT.— * * *

* * * * * * *

(3) TRANSFERS OF FUNDS.—Funds received by the Department of State as a result of a decision of an international tribunal, from another agency of the United States Government,

or pursuant to the Department of State Appropriations Act of

1937 (49 Stat. 1321, 22 U.S.C. 2661) to meet costs of preparing

or prosecuting a proceeding before an international tribunal, or

a claim by or against a foreign government or other foreign entity, shall be credited to the ILF.

* * * * * * *

SEC. 61. GRANT AUTHORITIES.

The Secretary of State is authorized to support, by grants, cooperative agreements, or contract, the following activities:

(1) Outreach and public diplomacy activities regarding the

benefits of agricultural biotechnology, science-based regulatory

systems, and the application of such technology for trade and

development.

(2) Training and technical assistance projects regarding protection of intellectual property rights.

SEC. 62. THE UNITED STATES DIPLOMACY CENTER.

(a) ACTIVITIES.—

(1) SUPPORT AUTHORIZED.—The Secretary of State is authorized to provide by contract, grant, or otherwise, for the performance of appropriate museum visitor and educational outreach

services, including organizing conference activities, museum

shop services, and food services, in the public exhibit and related space utilized by the United States Diplomacy Center (in

this section referred to as the ‘‘Center’’).

(2) PAYMENT OF EXPENSES.—The Secretary may pay all reasonable expenses of conference activities conducted by the Center, including refreshments and reimbursement of travel expenses incurred by participants.

97

(3) RECOVERY OF COSTS.—Any revenues generated under the

authority of paragraph (1) for visitor services may be retained,

as a recovery of the costs of operating the Center, and credited

to any Department of State appropriation.

(b) DISPOSITION OF UNITED STATES DIPLOMACY CENTER ARTI- FACTS AND MATERIALS.— (1) PROPERTY OF SECRETARY.—All historic documents, artifacts, or other articles permanently acquired by the Department

of State and determined by the Secretary to be suitable for display in the Center shall be considered to be the property of the

Secretary in the Secretary’s official capacity and shall be subject to disposition solely in accordance with this subsection.

(2) SALE OR TRADE.—Whenever the Secretary makes the determination under paragraph (3) with respect to an item, the Secretary may sell at fair market value, trade, or transfer the item,

without regard to the requirements of subtitle I of title 40,

United States Code. The proceeds of any such sale may be used

solely for the advancement of the Center’s mission and may not

be used for any purpose other than the acquisition and direct

care of collections.

(3) DETERMINATIONS PRIOR TO SALE OR TRADE.—The determination referred to in paragraph (2), with respect to an item,

is a determination that—

(A) the item no longer serves to further the purposes of

the Center established in the collections management policy

of the Center; or

(B) in order to maintain the standards of the collections

of the Center, the sale or exchange of the item would be a

better use of the item.

(4) LOANS.—The Secretary may also lend items covered by

paragraph (1), when not needed for use or display in the Center, to the Smithsonian Institution or a similar institution for

repair, study, or exhibition.

SEC. 63. RECONSTRUCTION AND STABILIZATION.

(a) OFFICE OF THE COORDINATOR FOR RECONSTRUCTION AND STA- BILIZATION.— (1) ESTABLISHMENT.—The Secretary shall establish within

the Department of State an Office of the Coordinator for Reconstruction and Stabilization.

(2) COORDINATOR FOR RECONSTRUCTION AND STABILIZA- TION.—The head of the Office shall be the Coordinator for Reconstruction and Stabilization, who shall be appointed by the

Secretary, by and with the advice and consent of the Senate.

The Coordinator shall report directly to the Secretary and shall

have the rank and status of Ambassador-at-Large.

(3) FUNCTIONS.—The functions of the Office of the Coordinator for Reconstruction and Stabilization include the following:

(A) Monitoring, in coordination with relevant bureaus

within the Department of State, political and economic instability worldwide to anticipate the need for mobilizing

United States and international assistance for the stabilization and reconstruction of countries or regions that

are in, or are in transition from, conflict or civil strife.

98

(B) Assessing the various types of stabilization and reconstruction crises that could occur and cataloging and monitoring the non-military resources and capabilities of Executive agencies that are available to address such crises.

(C) Planning to address requirements, such as demobilization, policing, human rights monitoring, and public information, that commonly arise in stabilization and reconstruction crises.

(D) Coordinating with relevant Executive agencies (as

that term is defined in section 105 of title 5, United States

Code) to develop interagency contingency plans to mobilize

and deploy civilian personnel to address the various types

of such crises.

(E) Entering into appropriate arrangements with other

Executive agencies to carry out activities under this section

and the Reconstruction and Stabilization Civilian Management Act of 2005.

(F) Identifying personnel in State and local governments

and in the private sector who are available to participate

in the Response Readiness Corps or the Response Readiness

Reserve established under subsection (b) or to otherwise

participate in or contribute to stabilization and reconstruction activities.

(G) Ensuring that training of civilian personnel to perform such stabilization and reconstruction activities is adequate and, as appropriate, includes security training that

involves exercises and simulations with the Armed Forces,

including the regional commands.

(H) Sharing information and coordinating plans for stabilization and reconstruction activities with the United Nations and its specialized agencies, the North Atlantic Treaty

Organization, nongovernmental organizations, and other

foreign national and international organizations.

(I) Coordinating plans and procedures for joint civilianmilitary operations with respect to stabilization and reconstruction activities.

(J) Maintaining the capacity to field on short notice an

evaluation team to undertake on-site needs assessment.

(b) RESPONSE TO STABILIZATION AND RECONSTRUCTION CRISIS.—

If the President makes a determination regarding a stabilization

and reconstruction crisis under section 618 of the Foreign Assistance Act of 1961, the President may designate the Coordinator, or

such other individual as the President may determine appropriate,

as the coordinator of the United States response. The individual so

designated, or, in the event the President does not make such a designation, the Coordinator for Reconstruction and Stabilization,

shall—

(1) assess the immediate and long-term need for resources

and civilian personnel;

(2) identify and mobilize non-military resources to respond to

the crisis; and

(3) coordinate the activities of the other individuals or management team, if any, designated by the President to manage

the United States response.

99

(c) RESPONSE READINESS CORPS.— (1) RESPONSE READINESS ACTIVE DUTY PERSONNEL.— (A) ESTABLISHMENT AND PURPOSE.—The Secretary, in

consultation with the Administrator of the United States

Agency for International Development, is authorized to establish a Response Readiness Corps (hereafter referred to in

this section as the ‘Corps’) to provide assistance in support

of stabilization and reconstruction activities in foreign

countries or regions that are in, or are in transition from,

conflict or civil strife.

(B) COMPOSITION.—The Secretary and Administrator of

the United States Agency for International Development

should coordinate in the recruitment, hiring, and training

of—

(i) up to 250 personnel to serve in the active duty

Corps; and

(ii) such other personnel as the Secretary, in consultation with the Administrator, may designate as

members of the Corps from among employees of the Department of State and the United States Agency for

International Development.

(C) TRAINING.—The Secretary shall train the members of

the Corps to perform services necessary to carry out the

purpose of the Corps under subparagraph (A).

(D) COMPENSATION.—Members of the Corps hired under

subparagraph (B)(i) shall be compensated in accordance

with the appropriate salary class for the Foreign Service, as

set forth in sections 402 and 403 of the Foreign Service Act

of 1980 (22 U.S.C. 3962 and 22 U.S.C. 3963), or in accordance with the relevant authority under sections 3101 and

3392 of title 5, United States Code.

(2) RESPONSE READINESS RESERVE DUTY PERSONNEL.— (A) ESTABLISHMENT AND PURPOSE.—The Secretary, in

consultation with the heads of other relevant Executive

agencies, is authorized to establish and maintain a roster

of personnel who are trained and available as needed to

perform services necessary to carry out the purpose of the

Corps under paragraph (1)(A). The personnel listed on the

roster shall constitute a reserve component of the Response

Readiness Corps.

(B) FEDERAL EMPLOYEES.—The Response Readiness reserve component may include employees of the Department

of State, including Foreign Service Nationals, employees of

the United States Agency for International Development,

employees of any other Executive agency (as that term is defined in section 105 of title 5, United States Code), and employees from the legislative and judicial branches who—

(i) have the training and skills necessary to enable

them to contribute to stabilization and reconstruction

activities; and

(ii) have volunteered for deployment to carry out stabilization and reconstruction activities.

(C) NON-FEDERAL PERSONNEL.—The Response Readiness

reserve component should also include at least 500 perVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00099 Fmt 6659 Sfmt 6603 FAA06.TXT SFRELA2 PsN: SFRELA2
100

sonnel, which may include retired employees of the Federal

Government, contractor personnel, nongovernmental organization personnel, and State and local government employees, who—

(i) have the training and skills necessary to enable

them to contribute to stabilization and reconstruction

activities; and

(ii) have volunteered to carry out stabilization and

reconstruction activities.

(3) USE OF RESPONSE READINESS CORPS.— (A) RESPONSE READINESS ACTIVE DUTY COMPONENT.—

The members of the active duty Corps shall be available—

(i) if responding in support of stabilization and reconstruction activities pursuant to a determination by

the President regarding a stabilization and reconstruction crisis under section 618 of the Foreign Assistance

Act of 1961, for deployment in support of such activities; and

(ii) if not responding as described in clause (i), for

assignment in the United States, United States diplomatic missions, and United States Agency for International Development missions.

(B) RESPONSE READINESS RESERVE COMPONENT.—The

Secretary may deploy members of the reserve component

under paragraph (2) in support of stabilization and reconstruction activities in a foreign country or region if the

President makes a determination regarding a stabilization

and reconstruction crisis under section 618 of the Foreign

Assistance Act of 1961.

* * * * * * *

Millennium Challenge Act of 2003

* * * * * * *

SEC. 616. ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES.

(a) AUTHORIZATION.— * * *

* * * * * * *

(d) FUNDING.—Not more than 10 percent of the amount appropriated pursuant to the authorization of appropriations under section 619(a) for øfiscal year 2004¿ a fiscal year is authorized to be

made available to carry out this section.

* * * * * * *

SEC. 619. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to

be appropriated to carry out this title such sums as may be necessary for each of the fiscal years 2004 and 2005ø.¿, $3,000,000,000

for fiscal year 2006, and such sums as may be necessary for fiscal

year 2007.

* * * * * * *

101

The Peace Corps Act

* * * * * * *

SEC. 3. (a) The President is authorized to carry out programs in

furtherance of the purposes of this Act, on such terms and conditions as he may determine.

(b)(1) There are authorized to be appropriated to carry out the

purposes of this Act ø$270,000,000 for fiscal year 2000,

$298,000,000 for fiscal year 2001, $327,000,000 for fiscal year 2002,

and $365,000,000 for fiscal year 2003¿ $345,000,000 for fiscal year

2006 and such sums as may be necessary for fiscal year 2007, of

which not less than $2,000,000 should be made available for Greece

in each year.

(2) Amounts authorized to be appropriated under paragraph (1)

for a fiscal year are authorized to remain available for that fiscal

year and the subsequent fiscal year.

* * * * * * *

United Nations Participation Act of 1945

* * * * * * *

øSec. 9. The Secretary of State may, under such regulations as

he shall prescribe, and notwithstanding section 3648 of the Revised

Statutes (31 U.S.C. 529) and section 5536 of title 5, United States

Code:

ø(1) Make available to the Representative of the United

States to the United Nations and the Deputy Permanent Representative of the United States to the United Nations living

quarters leased or rented by the United States (for periods not

exceeding ten years) and allowances for unusual expenses incident to the operation and maintenance of such living quarters

similar to those and to be considered for all purposes as authorized by section 22 of the Administrative Expenses Act of

1946, as amended by section 311 of the Overseas Differentials

and Allowances Act.

ø(2) Make available in New York to no more than 30 foreign

service employees of the staff of the United States Mission to

the United Nations, other representatives, and no more than

two employees who serve at the pleasure of the Representative,

living quarters leased or rented by the United States (for periods not exceeding ten years). The number of employees to

which such quarters will be made available shall be determined by the Secretary and shall reflect a significant reduction

over the number of persons eligible for housing benefits as of

the date of enactment of this provision. No employee may occupy a unit under this provision if the unit is owned by the

employee. The Secretary shall require that each employee occupying housing under this subsection contribute to the Department of State a percentage of his or her base salary, in an

amount to be determined by the Secretary of State toward the

cost of such housing. The Secretary may reduce such payments

to the extent of income taxes paid on the value of the leased

or rented quarters any payments made by employees to the

102

Department of State for occupancy by them of living quarters

leased or rented under this section shall be credited to the appropriation, fund, or account utilized by the Secretary of State

for such lease or rental or to the appropriation, fund, or account currently available for such purpose.

ø(3) provide such allowance as the Secretary considers appropriate, to each Delegate and Alternate Delegate of the

United States to any session of the General Assembly of the

United Nations who is not a permanent member of the staff of

the United States Mission to the United Nations, in order to

compensate each such Delegate or Alternate Delegate for necessary housing and subsistence expenses incurred by him with

respect to attending any such session.

ø(4) The Inspector General shall review the program established by this section no later than December 1989 and periodically thereafter with a view to increasing cost savings and

making other appropriate recommendations.¿

SEC. 9. (a) The Secretary of State may, under such regulations as

the Secretary shall prescribe, and notwithstanding subsections (a)

and (b) of section 3324 of title 31, United States Code, and section

5536 of title 5, United States Code—

(1) make available to the Permanent Representative of the

United States to the United Nations and the Deputy Permanent

Representative of the United States to the United Nations—

(A) living quarters leased or rented by the United States

for a period that does not exceed 10 years; and

(B) allowances for unusual expenses incident to the operation and maintenance of such living quarters that are

similar to expenses authorized to be funded by section 5913

of title 5, United States Code;

(2) make available living quarters in New York leased or

rented by the United States for a period of not more than 10

years to—

(A) not more than 40 members of the Foreign Service assigned to the United States Mission to the United Nations

or other United States representatives to the United Nations; and

(B) not more than 2 employees who serve at the pleasure

of the Permanent Representative of the United States to the

United Nations; and

(3) provide an allowance, as the Secretary considers appropriate, to each Delegate and Alternate Delegate of the United

States to any session of the General Assembly of the United Nations who is not a permanent member of the staff of the United

States Mission to the United Nations, in order to compensate

each such Delegate or Alternate Delegate for necessary housing

and subsistence expenses with respect to attending any such session.

(b) The Secretary of State may not make available living quarters

or allowances under subsection (a) to an employee who is occupying

living quarters that are owned by such employee.

(c) Living quarters and allowances provided under subsection (a)

shall be considered for all purposes as authorized—

103

(1) by chapter 9 of title I of the Foreign Service Act of 1980;

and

(2) by section 5913 of title 5, United States Code.

(d) The Inspector General for the Department of State and the

Broadcasting Board of Governors shall periodically review the administration of this section with a view to achieving cost savings

and developing appropriate recommendations to make to the Secretary of State regarding the administration of this section.

United States Code

TITLE 1

* * * * * * *

SEC. 112b.—UNITED STATES INTERNATIONAL AGREEMENTS; TRANSMISSION TO CONGRESS.

(a) The Secretary of State shall transmit to the øCongress¿ Committee on Foreign Relations of the Senate and the Committee on

International Relations of the House of Representatives the text of

any international agreement (including the text of any oral international agreement, which agreement shall be reduced to writing),

other than a treaty, to which the United States is a party as soon

as practicable after such agreement has entered into force with respect to the United States but in no event later than sixty days

thereafter. øHowever, any¿ Any such agreement the immediate

public disclosure of which would, in the opinion of the President,

be prejudicial to the national security of the United States øshall

not be so transmitted to the Congress but shall be transmitted to

the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives¿ shall be

transmitted under an appropriate injunction of secrecy to be removed only upon due notice from the President. Any department

or agency of the United States Government which enters into any

international agreement on behalf of the United States shall transmit to the Department of State the text of such agreement not later

than twenty days after such agreement has been signed.

(b) Not later than March 1, 1979, and at yearly intervals thereafter, øthe President shall, under his own signature,¿ the Secretary

shall transmit to the øSpeaker of the House of Representatives and

the chairman of the¿ Committee on Foreign Relations of the Senate

and the Committee on International Relations of the House of Representativesa report with respect to each international agreement

which, during the preceding year, was transmitted to the

øCongress¿ such Committees after the expiration of the 60-day period referred to in the first sentence of subsection (a), describing

fully and completely the reasons for the late transmittal.

* * * * * * *

TITLE 5

* * * * * * *

104

SEC. 5753. RECRUITMENT AND RELOCATION BONUSES.

(a)(1) This section may be applied to—

* * * * * * *

(2) A bonus may not be paid under this section to an individual

who is appointed to or who holds—

(A) a position, other than as a member of the Foreign Service,

to which an individual is appointed by the President, by and

with the advice and consent of the Senate;

SEC. 5754. RETENTION BONUSES.

(a)(1) This section may be applied to—

* * * * * * *

(2) A bonus may not be paid under this section to an individual

who is appointed to or who holds—

(A) a position, other than as a member of the Foreign Service,

to which an individual is appointed by the President, by and

with the advice and consent of the Senate;

* * * * * * *

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

SEC. 5913. OFFICIAL RESIDENCE EXPENSES.

(a) For the purpose of this section, ‘‘agency’’ has the meaning

given it by section 5721 of this title.

(b) Under such regulations as the President may prescribe, funds

available to an agency for administrative expenses may be allotted

to posts in foreign countries to defray the unusual expenses incident to the operation and maintenance of official residences suitable for—

(1) the chief representatives of the United States at the

posts; and

(2) such other senior officials of the Government of the

United States as the President may designate.

(c) Funds made available under subsection (b) may be provided

in advance to persons eligible to receive reimbursements.

* * * * * * *

SEC. 5924. COST-OF-LIVING ALLOWANCES.

* * * * * * *

(A) An allowance not to exceed the cost of obtaining such

kindergarten, elementary and secondary educational services

as are ordinarily provided without charge by the public schools

in the United States (including activities required for successful

completion of a grade or course and such educational services

as are provided by the States under the Individuals with Disabilities Education Act), plus, in those cases when adequate

schools are not available at the post of the employee, board and

room, and periodic transportation between that post and the

school chosen by the employee, ønot to exceed the total cost to

the Government of the dependent attending an adequate school

in the nearest locality where an adequate school is available¿

subject to the approval of the head of the agency involved, without regard to section 3324(a) and (b) of title 31. When travel

105

from school to post is infeasible, travel may be allowed between

the school attended and the home of a designated relative or

family friend or to join a parent at any location, with the allowable travel expense not to exceed the cost of travel between

the school and the post. The amount of the allowance granted

shall be determined on the basis of the educational facility

used.

ø(B) The travel expenses of dependents of an employee to

and from a school in the United States (or to and from a school

outside the United States if the dependent is attending that

school for less than one year under a program approved by the

school in the United States at which the dependent is enrolled,

with the allowable travel expense not to exceed the cost of

travel to and from the school in the United States) to obtain

an American secondary or postsecondary educational institution education (other than a program of post-baccalaureate

education), not to exceed one annual trip each way for each dependent. At the election of the employee, in lieu of the transportation of the baggage of a dependent from the dependent’s

school, the costs incurred to store the baggage at or in the vicinity of the school during the dependent’s annual trip between

the school and the employee’s duty station may be paid or reimbursed to the employee, except that the amount of the payment or reimbursement may not exceed the cost that the Government would incur to transport the baggage. An allowance

payment under subparagraph (A) of this paragraph (4) may

not be made for a dependent during the 12 months following

his arrival in the United States for secondary education under

authority contained in this subparagraph (B). Notwithstanding

section 5921(6) of this title, travel expenses, for the purpose of

obtaining postsecondary educational institution education

(other than a program of post-baccalaureate education), may be

authorized under this subparagraph (B), under such regulations as the President may prescribe, for dependents of employees who are citizens of the United States stationed in the

Canal Zone. For the purposes of this subparagraph, the term

‘‘educational institution’’ has the meaning defined under section 1701(a)(6) of title 38.¿

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

from a secondary, post-secondary, or post-baccalaureate educational institution, not to exceed 1 annual trip each way for

each dependent, except that an allowance payment under subparagraph (A) of this paragraph may not be made for a dependent during the 12 months following the arrival of the dependent at the selected educational institution under authority

contained in this subparagraph.

* * * * * * *

(D) Allowances provided pursuant to subparagraphs (A) and

(B) may include, at the election of the employee, payment or reimbursement of the costs incurred to store baggage for the employee’s dependent at or in the vicinity of the dependent’s school

during the dependent’s annual trip between the school and the

employee’s duty station, except that such payment or reimbursement may not exceed the cost that the Government would incur

106

to transport the baggage with the dependent in connection with

the annual trip, and such payment or reimbursement shall be

in lieu of transportation of the baggage.

* * * * * * *

SEC. 5925. POST DIFFERENTIALS.

(a) A post differential may be granted on the basis of conditions

of environment which differ substantially from conditions of environment in the continental United States and warrant additional

pay as a recruitment and retention incentive. A post differential

may be granted to an employee officially stationed in the United

States who is on extended detail in a foreign area. A post differential under this subsection may not exceed ø25 percent of the rate

of basic pay or, in the case of an employee of the United States

Agency for International Development,¿ 35 percent of the rate of

basic pay.

* * * * * * *

SEC. 5928. DANGER PAY ALLOWANCE.

An employee serving in a foreign area may be granted a danger

pay allowance on the basis of civil insurrection, civil war, terrorism, or wartime conditions which threaten physical harm or imminent danger to the health or well-being of the employee. A danger pay allowance may not exceed ø25 percent of the basic pay of

the employee, or 35 percent of the basic pay of the employee in the

case of an employee of the United States Agency for International

Development¿ 35 percent of the basic pay of the employee, except

that if an employee is granted an additional differential under section 5925(b) of this title with respect to an assignment, the sum of

that additional differential and any danger pay allowance granted

to the employee with respect to that assignment may not exceed

ø25 percent of the basic pay of the employee or 35 percent of the

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

States Agency for International Development¿ 35 percent of the

basic pay of the employee. The presence of nonessential personnel

or dependents shall not preclude payment of an allowance under

this section. In each instance where an allowance under this section is initiated or terminated, the Secretary of State shall inform

the Speaker of the House of Representatives and the Committee on

Foreign Relations of the Senate of the action taken and the circumstances justifying it.

* * * * * * *

SEC. 8332. CREDITABLE SERVICE.

(a) The total service of an employee or Member is the full years

and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any.

(b) The service of an employee shall be credited from the date of

original employment to the date of separation on which title to annuity is based in the civilian service of the Government. Except as

provided in paragraph (13) of this subsection, credit may not be allowed for a period of separation from the service in excess of 3 calendar days. The service includes—

* * * * * * *

107

(11) subject to sections 8334(c) and 8339(i) of this title, service in any capacity of at least 130 days (or its equivalent) per

calendar year performed after July 1, 1946, for the National

Committee for a Free Europe; Free Europe Committee, Incorporated; Free Europe, Incorporated; Radio Liberation Committee; Radio Liberty Committee; subdivisions of any of those

organizations; Radio Free Europe/Radio Liberty, Incorporated,

Radio Free Asia; the Asia Foundation; Middle East Broadcasting Network or the Armed Forces Network, Europe (AFN–

E), but only if such service is not credited for benefits under

any other retirement system which is established for such entities and funded in whole or in part by the Government and

only if the individual later becomes subject to this subchapter;

* * * * * * *

TITLE 18

* * * * * * *

SEC. 117. INTERFERENCE WITH CERTAIN PROTECTIVE FUNCTIONS.

Whoever knowingly and willfully obstructs, resists, or interferes

with a Federal law enforcement agent engaged, within the United

States or the special maritime territorial jurisdiction of the United

States, in the performance of the protective functions authorized by

section 37 of the State Department Basic Authorities Act of 1956 (22

U.S.C. 2709) or section 103 of the Diplomatic Security Act (22

U.S.C. 4802) shall be fined under this title or imprisoned not more

than one year, or both.

* * * * * * *

Foreign Assistance Act of 1969

* * * * * * *

SEC. 401. INTER-AMERICAN FOUNDATION.—(a) There is created as

an agency of the United States of America a body corporate to be

known as the Inter-American Foundation (hereinafter in this section referred to as the ‘‘Foundation’’).

(b) * * *

* * * * * * *

ø(s)(1) Notwithstanding any other provision of law, not to exceed

an aggregate amount of $50,000,000 of the funds made available

for the fiscal years 1970 and 1971 to carry out part I of the Foreign

Assistance Act of 1961 shall be available to carry out the purposes

of this section. Funds made available to carry out the purposes of

this section under the preceding sentence are authorized to remain

available until expended.

ø(2) There are authorized to be appropriated $28,800,000 for the

fiscal year 1992 and $31,000,000 for the fiscal year 1993 to carry

out this section.¿

(s) There are authorized to be appropriated $17,826,000 for fiscal

year 2006 and such sums as may be necessary for fiscal year 2007,

to carry out this section. Amounts appropriated pursuant to the auVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00107 Fmt 6659 Sfmt 6603 FAA06.TXT SFRELA2 PsN: SFRELA2
108

thorization in this subsection are authorized to remain available

until expended.

* * * * * * *

Security Assistance Act of 2000

* * * * * * *

SEC. 513. ASSISTANCE FOR ISRAEL.

(a) DEFINITIONS.—In this section:

(1) ESF ASSISTANCE.—The term ‘‘ESF assistance’’ means assistance under chapter 4 of part II of the Foreign Assistance

Act of 1961 (22 U.S.C. 2346 et seq.), relating to the economic

support fund.

* * * * * * *

(b) ESF ASSISTANCE.—

(1) IN GENERAL.—Of the amounts made available for each of

the fiscal years ø2002 and 2003¿ 2006 and 2007 for ESF assistance, the amount specified in paragraph (2) for each such

fiscal year is authorized to be made available for Israel. Such

funds are authorized to be made available on a grant basis as

a cash transfer.

* * * * * * *

SEC. 514. ASSISTANCE FOR EGYPT.

(a) DEFINITIONS.—In this section:

(1) ESF ASSISTANCE.—The term ‘‘ESF assistance’’ means assistance under chapter 4 of part II of the Foreign Assistance

Act of 1961 (22 U.S.C. 2346 et seq.), relating to the economic

support fund.

* * * * * * *

(b) ESF ASSISTANCE.—

(1) IN GENERAL.—Of the amounts made available for each of

the fiscal years ø2002 and 2003¿ 2006 and 2007 for ESF assistance, the amount specified in paragraph (2) for each such

fiscal year is authorized to be made available for Egypt.

* * * * * * *

International Security and Development

Cooperation Act of 1980

* * * * * * *

SEC. 510. There are authorized to be appropriated to carry out

this title, in addition to amounts otherwise available for that purpose, ø$3,872,000 for fiscal year 1986 and $3,872,000 for fiscal year

1987¿ $18,850,000 for fiscal year 2006 and such sums as may be

necessary for fiscal year 2007. Funds appropriated under this section are authorized to remain available until expended.

* * * * * * *

109

An Act to Authorize the President to Exercise

Waivers of Foreign Assistance Restrictions With

Respect to Pakistan Through September 30,

2003, and for Other Purposes

SECTION 1. EXEMPTIONS AND WAIVER OF APPROPRIATIONS ACT PROHIBITIONS WITH RESPECT TO PAKISTAN.

(a) FISCAL YEAR 2002 AND PRIOR FISCAL YEARS.—

* * * * * * *

ø(b) FISCAL YEAR 2005.—

ø(1) WAIVER.—The President is authorized to waive, with respect to Pakistan, any provision of the foreign operations, export financing, and related programs appropriations Act for fiscal year 2005 that prohibits direct assistance to a country

whose duly elected head of government was deposed by decree

or military coup, if the President determines and certifies to

the appropriate congressional committees that such waiver—

ø(A) would facilitate the transition to democratic rule in

Pakistan; and

ø(B) is important to United States efforts to respond to,

deter, or prevent acts of international terrorism.

ø(2) PRIOR CONSULTATION REQUIRED.—Not less than 5 days

prior to the exercise of the waiver authority under paragraph

(1), the President shall consult with the appropriate congressional committees with respect to such waiver.¿

(b) FISCAL YEAR 2006.—

(1) WAIVER.—The President is authorized to waive, with respect to Pakistan, any provision of the foreign operations, export

financing, and related programs appropriations Act for fiscal

year 2006 that prohibits direct assistance to a country whose

duly elected head of government was deposed by decree or military coup, if the President determines and certifies to the appropriate congressional committees that such waiver—

(A) would facilitate the transition to democratic rule in

Pakistan; and

(B) is important to United States efforts to respond to,

deter, or prevent acts of international terrorism.’’.

* * * * * * *

SEC. 3. EXEMPTION OF PAKISTAN FROM FOREIGN ASSISTANCE PROHIBITIONS RELATING TO FOREIGN COUNTRY LOAN DEFAULTS.

The following provisions of law shall not apply with respect to

Pakistan:

(1) Section 620(q) of the Foreign Assistance Act of 1961 (22

U.S.C. 2370(q)).

ø(2) Such provision of the annual foreign operations, export

financing, and related programs appropriations Acts for fiscal

years, 2002, 2003, 2004 and 2005, as are comparable to section

512 of the Foreign Operations, Export Financing, and Related

Programs Appropriations Act, 2001 (Public Law 106–429; 114

Stat. 1900A–25).¿

110

(2) Such provisions of annual foreign operations, export financing, and related programs appropriations Act for fiscal

years 2005 and 2006, as are comparable to section 512 of the

Foreign Operations, Export Financing, and Related Programs

Appropriations Act, 2001 (Public Law 106–429; 114 Stat.

1900A–25).

* * * * * * *

SEC. 6. TERMINATION DATE.

øExcept as otherwise provided in section 1 or 3, the provisions

of this Act shall terminate on October 1, 2005.¿

Except as otherwise provided in section 1 or 3, the provisions of

this Act shall terminate on October 1, 2006.

* * * * * * *

Departments of Commerce, Justice, and State, the

Judiciary, and Related Agencies Appropriations

Act, 1999

* * * * * * *

SEC. 616. (a) None of the funds appropriated or otherwise made

available in this Act shall be used to issue visas to any person

who—

* * * * * * *

(c) REPORTING REQUIREMENT.—(1) The United States chief of

mission in Haiti shall provide the Secretary of State a list of those

who have been credibly alleged to have ordered or carried out the

extrajudicial and political killings mentioned in paragraph (1) of

subsection (a).

(2) The Secretary of State shall submit the list provided under

paragraph (1) to the appropriate congressional committees ønot

later than 3 months after the date of enactment of this Act¿ as

part of the annual report submitted under paragraph (4) of this

subsection.

(3) The Secretary of State shall submit to the appropriate congressional committees a list of aliens denied visas, and the Attorney General shall submit to the appropriate congressional committees, as part of the annual report submitted under paragraph (4) of

this subsection, a list of aliens refused entry to the United States

as a result of this provision.

* * * * * * *

Immigration and Nationality Act

* * * * * * *

SEC. 214. ADMISSION OF NON-IMMIGRANTS.—(a) * * *

* * * * * * *

(g) TEMPORARY WORKERS AND TRAINEES; LIMITATION ON NUMBERS.—(1) * * *

* * * * * * *

111

(5) The numerical limitations contained in paragraph (1)(a) shall

not apply to any nonimmigrant alien issued a visa or otherwise

provided status under section 1101(a)(15)(h)(i)(b) of this title who—

(A) is employed (or has received an offer of employment) at

an institution of higher education (as defined in section 1001(a)

of Title 20), or a related or affiliated nonprofit entity;

ø(B) is employed (or has received an offer of employment) at

a nonprofit research organization or a governmental research

organization; or¿

‘‘(B) is employed (or has received an offer of employment)

by or at the Broadcasting Board of Governors or one of its

grantees, a nonprofit research organization, or a governmental

research organization; or

(C) has earned a master’s or higher degree from a United

States institution of higher education (as defined in section

1101(a) of Title 20), until the number of aliens who are exempted from such numerical limitation during such year exceeds 20,000.

* * * * * * *

United States International Broadcasting

Act of 1994

* * * * * * *

SEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.

(a) CONTINUED EXISTENCE WITHIN EXECUTIVE BRANCH.—

* * * * * * *

(g) Immunity from Civil Liability.—Notwithstanding any other

provision of law, any and all limitations on liability that apply to

the members of the Broadcasting Board of Governors also shall

apply to such members when acting in their capacities as members

of the boards of directors of RFE/RL, Incorporated øand¿, Radio

Free Asia, and Middle East Broadcasting Networks.

* * * * * * *

SEC. 305. AUTHORITIES OF THE BOARD.

(a) AUTHORITIES.—The Board shall have the following authorities:

* * * * * * *

(5) To make and supervise grants for broadcasting and related activities in accordance with sections 308 and ø309¿, 309,

and 310.

(6) To allocate funds appropriated for international broadcasting activities among the various elements of the International Broadcasting Bureau and grantees, subject to the limitations in sections 308 and ø309¿, 309, and 310 and subject

to reprogramming notification requirements in law for the reallocation of funds.

* * * * * * *

(17) To, in its discretion—

112

(A) pay the expenses of primary and secondary schooling

for dependents of personnel stationed in the Commonwealth

of the Northern Mariana Islands at a cost not in excess of

those authorized by the Department of Defense for the same

area, when it is determined by the Broadcasting Board of

Governors that schools available in the locality are unable

to provide adequately for the education of such dependents;

and

(B) provide transportation of those dependents between

their place of residence and schools serving the area, which

those dependents would normally attend within the local

area, when the Broadcasting Board of Governors determines that such schools are not accessible by public means

of transportation.

ø(17)¿ (18) To utilize the provisions of titles III, IV, V, VII,

VIII, IX, and X of the United States Information and Educational Exchange Act of 1948, and section 6 of Reorganization

Plan Number 2 of 1977, as in effect on the day before the effective date of title XIII of the Foreign Affairs Agencies Consolidation Act of 1998, to the extent the Board considers necessary

in carrying out the provisions and purposes of this title.

ø(18)¿ (19) To utilize the authorities of any other statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding that had

been available to the Director of the United States Information

Agency, the Bureau, or the Board before the effective date of

title XIII of the Foreign Affairs Consolidation Act of 1998 for

carrying out the broadcasting activities covered by this title.

* * * * * * *

(c) BROADCASTING BUDGETS.— The Director of the Bureau and the grantees identified in

sections 308 and ø309¿, 309, and 310 shall submit proposed

budgets to the Board. The Board shall forward its recommendations concerning the proposed budget for the Board

and broadcasting activities under this title, the Radio Broadcasting to Cuba Act, and the Television Broadcasting to Cuba

Act to the Office of Management and Budget.

* * * * * * *

SEC. 307. INTERNATIONAL BROADCASTING BUREAU.

(a) ESTABLISHMENT.—There is hereby established an International Broadcasting Bureau under the Board (hereafter in this

title referred to as the ‘‘Bureau’’), to carry out all nonmilitary international broadcasting activities supported by the United States

Government other than those described in sections 308 øand 309¿, 309, and 310. (b) SELECTION OF THE DIRECTOR OF THE BUREAU.—The Director

of the Bureau shall be appointed by the President, by and with the

advice and consent of the Senate. The Director of the Bureau shall

be entitled to receive compensation at the rate prescribed by law

for level IV of the Executive Schedule.

(c) RESPONSIBILITIES OF THE DIRECTOR.—The Director shall organize and chair a coordinating committee to examine and make recommendations to the Board on long-term strategies for the future

113

of international broadcasting, including the use of new technologies, further consolidation of broadcast services, and consolidation of currently existing public affairs and legislative relations

functions in the various international broadcasting entities. The coordinating committee shall include representatives of Radio Free

Asia, Middle East Broadcasting Networks, RFE/RL, Incorporated,

the Broadcasting Board of Governors, and, as appropriate, the Office of Cuba Broadcasting, the Voice of America, and Worldnet.

* * * * * * *

SEC. 309. RADIO FREE ASIA.

(a) AUTHORITY.—

* * * * * * *

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

this section shall be subject to the following limitations and restrictions:

(1) The Board may not make any grant to Radio Free Asia

unless the headquarters of Radio Free Asia and its senior administrative and managerial staff are in a location which ensures economy, operational effectiveness, and accountability to

the Board.

(2) Any grant agreement under this section shall require

that any contract entered into by Radio Free Asia shall specify

that all obligations are assumed by Radio Free Asia and not

by the United States Government, and shall further specify

that funds to carry out the activities of Radio Free Asia may

not be available after September 30, ø2009¿ 2015.

* * * * * * *

(f) SUNSET PROVISION.—The Board may not make any grant for

the purpose of operating Radio Free Asia after September 30,

ø2009¿ 2015.

* * * * * * *

SEC. 310. MIDDLE EAST BROADCASTING NETWORKS.

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

available to make annual grants to Middle East Broadcasting Networks for the purpose of carrying out radio and television broadcasting to the Middle East region.

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

radio and television programming to the Middle East region consistent with the broadcasting standards and broadcasting principles

set forth in section 303.

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

this section shall be subject to the following limitations and restrictions:

(1) The Broadcasting Board of Governors may not make any

grant to the nonprofit corporation, Middle East Broadcasting

Networks, unless its certificate of incorporation provides that—

(A) the Board of Directors of Middle East Broadcasting

Networks shall consist of the members of the Broadcasting

Board of Governors established under section 304 and of no

other members; and

114

(B) such Board of Directors shall make all major policy

determinations governing the operation of Middle East

Broadcasting Networks, and shall appoint and fix the compensation of such managerial officers and employees of

Middle East Broadcasting Networks as it considers necessary to carry out the purposes of the grant provided

under this title.

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

any contract entered into by Middle East Broadcasting Networks shall specify that obligations are assumed by Middle

East Broadcasting Networks and not the United States Government.

(3) Any grant agreement shall require that any lease agreement entered into by Middle East Broadcasting Networks shall

be, to the maximum extent possible, assignable to the United

States Government.

(4) Grants awarded under this section shall be made pursuant to a grant agreement that—

(A) requires that grant funds be used only for activities

consistent with this section; and

(B) provides that failure to comply with such requirements shall permit the grant to be terminated without fiscal obligation to the United States.

(5) Duplication of language services and technical operations

among Middle East Broadcasting Networks (including Radio

Sawa), RFE/RL, Incorporated, and the International Broadcasting Bureau will be reduced to the extent appropriate, as determined by the Board.

(d) NOT A FEDERAL AGENCY OR INSTRUMENTALITY.—Nothing in

this title may be construed to make Middle East Broadcasting Networks a Federal agency or instrumentality, nor shall the officers or

employees of Middle East Broadcasting Networks be deemed to be

officers or employees of the United States Government.

(e) AUDIT AND INSPECTION.—

(1) COMPTROLLER GENERAL OF THE UNITED STATES.—The

Comptroller General of the United States may exercise, with respect to financial auditing of Middle East Broadcasting Networks corporation, the authorities provided by chapter 7 of title

31, United States Code, to the extent such authorities may

apply with respect to corporations that are not Federal agencies

or instrumentalities.

(2) INSPECTOR GENERAL.—The Inspector General of the Department of State and the Broadcasting Board of Governors

may exercise with respect to Middle East Broadcasting Networks corporation the authorities granted by section 209 of the

Foreign Service Act of 1980 (22 U.S.C. 3929) and the Inspector

General Act of 1978 (5 U.S.C. App.) to the extent such authorities may apply with respect to corporations that are not Federal

agencies or instrumentalities.

* * * * * * *

115

International Religious Freedom Act of 1998

* * * * * * *

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

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

Commission ø$3,000,000 for the fiscal year 2003¿ $3,000,000 for

fiscal year 2006 and such sums as may be necessary for fiscal year

2007 to carry out the provisions of this title.

(b) AVAILABILITY OF FUNDS.—Amounts authorized to be appropriated under øsubparagraph (a)¿ subsection (a) are authorized to

remain available until expended but not later than the date of termination of the Commission.

* * * * * * *

Diplomatic Security Act

* * * * * * *

SEC. 301. ACCOUNTABILITY REVIEW BOARDS.

(a) IN GENERAL.— (1) CONVENING A BOARD.—Except as provided in øparagraph

(2)¿ paragraph (2) and (3), in any case of serious injury, loss

of life, or significant destruction of property at, or related to,

a United States Government mission abroad, and in any case

of a serious breach of security involving intelligence activities

of a foreign government directed at a United States Government mission abroad, which is covered by the provisions of titles I through IV (other than a facility or installation subject

to the control of a United States area military commander), the

Secretary of State shall convene an Accountability Review

Board (in this title referred to as the ‘‘Board’’). The Secretary

shall not convene a Board where the Secretary determines that

a case clearly involves only causes unrelated to security.

(2) DEPARTMENT OF DEFENSE FACILITIES AND PERSONNEL.— The Secretary of State is not required to convene a Board in

the case of an incident described in paragraph (1) that involves

any facility, installation, or personnel of the Department of Defense with respect to which the Secretary has delegated operational control of overseas security functions to the Secretary

of Defense pursuant to section 106 of this Act. In any such

case, the Secretary of Defense shall conduct an appropriate inquiry. The Secretary of Defense shall report the findings and

recommendations of such inquiry, and the action taken with

respect to such recommendations, to the Secretary of State and

Congress.

(3) FACILITIES IN AFGHANISTAN AND IRAQ.—

(A) LIMITED EXEMPTION FROM REQUIREMENT TO CONVENE

BOARD.—The Secretary of State is not required to convene

a Board in the case of an incident that—

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

destruction of property at, or related to, a United

States Government mission in Afghanistan or Iraq;

and

116

(ii) occurs during the period beginning on July 1,

2004, and ending on September 30, 2009.

(B) REPORTING REQUIREMENTS.—In the case of an incident described in subparagraph (A), the Secretary shall—

(i) promptly notify the Committee on International

Relations of the House of Representatives and the Committee on Foreign Relations of the Senate of the incident;

(ii) conduct an inquiry of the incident; and

(iii) upon completion of the inquiry required by

clause (ii), submit to such committees a report on the

findings and recommendations related to such inquiry

and the actions taken with respect to such recommendations.

* * * * * * *

SEC. 304. FINDINGS AND RECOMMENDATIONS BY A BOARD.

(a) FINDINGS.—A Board convened in any case shall examine the

facts and circumstances surrounding the serious injury, loss of life,

or significant destruction of property at or related to a United

States Government mission abroad or surrounding the serious

breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad

(as the case may be) and shall make written findings

determining—

(1) the extent to which the incident or incidents with respect

to which the Board was convened was security related;

(2) whether the security systems and security procedures at

that mission were adequate;

(3) whether the security systems and security procedures

were properly implemented;

(4) the impact of intelligence and information availability;

and

(5) such other facts and circumstances which may be relevant to the appropriate security management of United States

missions abroad.

(b) PROGRAM RECOMMENDATIONS.—A Board shall submit its findings (which may be classified to the extent deemed necessary by

the Board) to the Secretary of øState,¿ State and the appropriate

congressional committees, together with recommendations as appropriate to improve the security and efficiency of any program or operation which the Board has reviewed.

(c) PERSONNEL RECOMMENDATIONS.—Whenever a Board finds

reasonable cause to believe that an individual described in section

303(a)(1)(B) has breached the duty of that individual, the Board

shall—

(1) notify the individual concerned,

(2) transmit the finding of reasonable cause, together with

all information relevant to such finding, to the head of the appropriate Federal agency or instrumentality, and

(3) recommend that such agency or instrumentality initiate

an appropriate investigatory or disciplinary action.

In determining whether an individual has breached a duty of that

individual, the Board shall take into account any standard of conVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00116 Fmt 6659 Sfmt 6602 FAA06.TXT SFRELA2 PsN: SFRELA2
117

duct, law, rule, regulation, contract, or order which is pertinent to

the performance of the duties of that individual.

(d) REPORTS.—

ø(1) PROGRAM RECOMMENDATIONS.—In any case in which a

Board transmits recommendations to the Secretary of State

under subsection (b), the Secretary shall, not later than 90

days after the receipt of such recommendations, submit a report to the Congress on each such recommendation and the action taken with respect to that recommendation.¿

(1) PROGRAM RECOMMENDATIONS.—In any case in which a

Board transmits recommendations under subsection (b) of this

section, the Secretary of State shall, not later than 90 days after

the receipt of such recommendations, submit a report to the appropriate congressional committees on each such recommendation and the action taken with respect to that recommendation.

(2) PERSONNEL RECOMMENDATIONS.—In any case in which a

Board transmits a finding of reasonable cause under subsection (c), the head of the Federal agency or instrumentality

receiving the information shall review the evidence and recommendations and shall, not later than 30 days after the receipt of that finding, transmit to the øCongress¿ appropriate

congressional committees a report specifying—

(A) the nature of the case and a summary of the evidence transmitted by the Board; and

(B) the decision by the Federal agency or instrumentality, to take disciplinary or other appropriate action

against that individual or the reasons for deciding not to

take disciplinary or other action with respect to that individual.

(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this

section, the term ‘appropriate congressional committees’ means the

Committee on Foreign Relations of the Senate and the Committee

on International Relations of the House of Representatives.

Omnibus Diplomatic Security and Antiterrorism

Act of 1986

* * * * * * *

SEC. 406. EFFICIENCY IN CONTRACTING.

(a)–(b) * * *

(c) DISQUALIFICATION OF CONTRACTORS.—No person doing business with Libya may be eligible for any contract awarded pursuant

to this Act.

Section 406(c) of the Omnibus Diplomatic Security and

Antiterrorism Act of 1986 (Public Law 99–399) is repealed.

* * * * * * *

The American Institute in Taiwan Facilities

Enhancement Act

* * * * * * *

118

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to

be appropriated øthe sum of $75,000,000¿ such sums as may be

necessary to AIT—

(1) for plans for a new facility and, if necessary, residences

or other structures located in close physical proximity to such

facility, in Taipei, Taiwan, for AIT to carry out its purposes

under the Taiwan Relations Act; and

(2) for acquisition by purchase or construction of such facility, residences, or other structures.

* * * * * * *

Foreign Relations Authorization Act, Fiscal Years

1998 and 1999

* * * * * * *

Section 2311(b)(1) of the Foreign Relations Authorization Act,

Fiscal Years 1998 and 1999 (22 U.S.C. 4010 note) is amended—

(1) by striking ‘‘Not later than 90 days after the date of enactment of this Act, the’’ and inserting ‘‘The’’;

(2) by striking ‘‘5 percent’’ and inserting ‘‘2 percent’’; and

(3) by striking ‘‘for 2 or more of the 5 years preceding the

date of enactment of this Act’’ and inserting ‘‘at least twice in

any 5-year period’’.

SEC. 2311. FOREIGN SERVICE REFORM.

(a) * * *

(b) EXPEDITED SEPARATION OUT.— (1) SEPARATION OF LOWEST RANKED FOREIGN SERVICE MEM- BERS.—øNot later than 90 days after the date of enactment of

this Act, the¿ The Secretary of State shall develop and implement procedures to identify, and recommend for separation,

any member of the Foreign Service ranked by promotion

boards of the Department of State in the bottom ø5 percent¿

2 percent of his or her class øfor 2 or more of the 5 years preceding the date of enactment of this Act¿ at least twice in any

5-year period (in this subsection referred to as the ‘‘years of

lowest ranking’’) if the rating official for such member was not

the same individual for any two of the years of lowest ranking.

* * * * * * *

Radio Broadcasting to Cuba Act

* * * * * * *

SEC. 3. (a) In order to carry out the objectives set forth in section

2, the Broadcasting Board of Governors (hereafter in this Act referred to as the ‘‘Board’’) shall provide for the open communication

of information and ideas through the use of radio broadcasting to

Cuba. Radio broadcasting to Cuba shall serve as a consistently reliable and authoritative source of accurate, objective, and comprehensive news.

ø(b) Radio broadcasting in accordance with subsection (a) shall

be part of the Voice of America radio broadcasting to Cuba and

119

shall be in accordance with all Voice of America standards to ensure the broadcast of programs which are objective, accurate, balanced, and which present a variety of views.¿

ø(c) Radio broadcasting to Cuba authorized by this Act shall utilize the broadcasting facilities located at Marathon, Florida, and

the 1180 AM frequency that were used by the Voice of America

prior to the date of enactment of this Act. Other frequencies, not

on the commercial Amplitude Modulation (AM) Band (535 kHz to

1605 kHz), may also be simultaneously utilized: Provided, That no

frequency shall be used for radio broadcasts to Cuba in accordance

with this Act which is not also used for all other Voice of America

broadcasts to Cuba. Time leased from nongovernmental shortwave

radio stations may be used to carry all or part of the Service programs and to rebroadcast Service programs: Provided, That not

less than 30 per centum of the programs broadcast or rebroadcast

shall be regular Voice of America broadcasts with particular emphasis on news and programs meeting the requirements of section

503(2) of Public Law 80–402.¿

ø(d) Notwithstanding subsection (c), in the event that broadcasts

to Cuba on the 1180 AM frequency are subject to jamming or interference greater by 25 per centum or more than the average daily

jamming or interference in the twelve months preceding September

1, 1983, the Broadcasting Board of Governors may lease time on

commercial or noncommercial educational AM band radio broadcasting stations. The Federal Communications Commission shall

determine levels of jamming and interference by conducting regular

monitoring of the 1180 AM frequency. In the event that more than

two hours a day of time is leased, not less than 30 per centum of

the programing broadcast shall be regular Voice of America broadcasts with particular emphasis on news and programs meeting the

requirements of section 503(2) of Public Law 80–402.¿

ø(e)¿ (d) øAny program of United States Government radio

broadcasts to Cuba authorized by this section shall be designated

‘‘Voice of America: Cuba Service’’ or ‘‘Voice of America: Radio Marti

program’’¿ Any service program of United States Government radio

broadcasts to Cuba authorized by this section shall be designated

‘‘Radio Marti program’’.

ø(f) In the event broadcasting facilities located at Marathon,

Florida, are rendered inoperable by natural disaster or by unlawful

destruction, the Broadcasting Board of Governors may, for the period in which the facilities are inoperable but not to exceed one

hundred and fifty days, use other United States Governmentowned transmission facilities for Voice of America broadcasts to

Cuba authorized by this Act.¿

* * * * * * *

Microenterprise for Self-Reliance and

International Anti-Corruption Act of 2000

* * * * * * *

SEC. 102. FINDINGS AND DECLARATIONS OF POLICY.

Congress makes the following findings and declarations:

120

(1) According to the World Bank, more than 1,200,000,000

people in the developing world, or one-fifth of the world’s population, subsist on less than $1 a day.

* * * * * * *

(4)(A) The poor in the developing world, particularly women,

generally lack stable employment and social safety nets.

(B) Women displaced by armed conflict are particularly at

risk, lacking access to traditional livelihoods and means for

generating income.

ø(B)¿ (C) Many turn to self-employment to generate a substantial portion of their livelihood. In Africa, over 80 percent

of employment is generated in the informal sector of the selfemployed poor.

ø(C)¿ (D) These poor entrepreneurs are often trapped in poverty because they cannot obtain credit at reasonable rates to

build their asset base or expand their otherwise viable self-employment activities.

ø(D)¿ (E) Many of the poor are forced to pay interest rates

as high as 10 percent per day to money lenders.

* * * * * * *

(13)(A) In order to reach tens of millions of the poorest with

microcredit, it is crucial to expand and replicate successful

microfinance institutions.

(B) Particular efforts should be made to expand the availability of microcredit programs to internally displaced persons,

who historically have not had access to such programs.

ø(B)¿ (C) These institutions need assistance in developing

their institutional capacity to expand their services and tap

commercial sources of capital.

* * * * * * *

Foreign Relations Authorization Act, Fiscal Year

2003

* * * * * * *

SEC. 224. ADVISORY COMMITTEE ON CULTURAL DIPLOMACY.

(a) ESTABLISHMENT.— * * *

* * * * * * *

(j) TERMINATION.—The Advisory Committee shall terminate September 30, ø2005¿ 2007.

SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE

PERFORMED ABROAD.

(a)–(e) * * *

(f) IMPLEMENTATION.—The Office of Personnel Management, in

consultation with the Secretary, shall prescribe such regulations,

not later than 60 days after the date of the enactment of the Foreign

Relations Authorization Act, Fiscal Years 2006 and 2007, and take

such action as may be necessary and appropriate to implement this

section.

* * * * * * *

121

øSEC. 504. PERSONAL SERVICES CONTRACTING PILOT PROGRAM.¿

SEC. 504. PERSONAL SERVICES CONTRACTING PROGRAM.

(a) IN GENERAL.—The Director of the International Broadcasting

Bureau (in this section referred to as the ‘‘Director’’) may establish

a øpilot¿ program (in this section referred to as the ‘‘program’’) for

the purpose of hiring United States citizens or aliens as personal

services contractors, without regard to Civil Service and classification laws, for service in the United States as øbroadcasters, producers, and writers¿ broadcasters and other broadcasting specialists in the International Broadcasting Bureau to respond to new or

emerging broadcast needs or to augment broadcast services.

(b) CONDITIONS.—The Director is authorized to use the authority

of subsection (a) subject to the following conditions:

(1) The Director determines that existing personnel resources are insufficient and the need is not of permanent duration.

(2) The Director approves each employment of a personal

services contractor.

(3) The contract length, including options, may not exceed 2

years, unless the Director makes a finding that exceptional circumstances justify an extension of up to one additional year.

(4) Not more than a total of ø60¿ 100 United States citizens

or aliens are employed at any one time as personal services

contractors under the program.

ø(c) TERMINATION OF AUTHORITY.—The authority to award personal services contracts under the pilot program authorized by this

section shall terminate on December 31, 2005. A contract entered

into prior to the termination date under this subsection may remain in effect for a period not to exceed 6 months after such termination date.¿

* * * * * * *

SEC. 694. REPORTS ON ACTIVITIES IN COLOMBIA.

(a) REPORT ON REFORM ACTIVITIES.— * * *

* * * * * * *

(b) REPORT ON CERTAIN COUNTERNARCOTICS ACTIVITIES.—

(1) DECLARATION OF POLICY.— * * *

* * * * * * *

(c) REPORT CONSOLIDATION.—The Secretary may satisfy the annual reporting requirements of this section by incorporating the required information with the annual report submitted pursuant to

section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C.

2291h(a)).

* * * * * * *

Intelligence Reform and Terrorism Prevention

Act of 2004

* * * * * * *

122

SUBTITLE E—TREATMENT OF ALIENS WHO COMMIT ACTS OF

TORTURE, EXTRAJUDICIAL KILLINGS, OR OTHER ATROCITIES ABROAD

* * * * * * *

SEC. 5506. REPORT ON IMPLEMENTATION.

Not later than 180 days after the date of enactment of this Act,

the Attorney General, in consultation with the Secretary of Homeland Security and the Secretary of State, shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report on implementation of this subtitle that includes a

description of—

(1) the procedures used to refer matters to the Office of Special Investigations and other components within the Department of Justice and the Department of Homeland Security in

a manner consistent with the amendments made by this subtitle;

(2) the revisions, if any, made to immigration forms to reflect

changes in the Immigration and Nationality Act made by the

amendments contained in this subtitle; and

(3) the procedures developed, with adequate due process protection, to obtain sufficient evidence to determine whether an

alien may be inadmissible under the terms of the amendments

made by this subtitle.

* * * * * * *

SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.

(a) FINDINGS.— * * *

* * * * * * *

(c) FRONTLINE COUNTERTERRORIST TRAVEL TECHNOLOGY AND

TRAINING.— (1) TECHNOLOGY ACQUISITION AND DISSEMINATION PLAN.— Not later than 180 days after the date of enactment of this Act,

the Secretary of Homeland Security, in conjunction with the

Secretary of State, shall submit to Congress a plan describing

how the Department of Homeland Security and the Department of State can acquire and deploy, to the maximum extent

feasible, to all consulates, ports of entry, and immigration benefits offices, technologies that facilitate document authentication and the detection of potential terrorist indicators on travel

documents. To the extent possible, technologies acquired and

deployed under this plan shall be compatible with systems

used by the Department of Homeland Security and the Department of State to detect fraudulent documents and identify genuine documents.

* * * * * * *

SEC. 7209. TRAVEL DOCUMENTS.

(a) FINDINGS.— * * *

* * * * * * *

ø(d) TRANSIT WITHOUT VISA PROGRAM.—The Secretary of State

shall not use any authorities granted under section 212(d)(4)(C) of

such Act until the Secretary, in conjunction with the Secretary of

Homeland Security, completely implements a security plan to fully

123

ensure secure transit passage areas to prevent aliens proceeding in

immediate and continuous transit through the United States from

illegally entering the United States.¿

(d) TRANSIT WITHOUT VISA PROGRAM.—The Secretary of Homeland Security and the Secretary of State shall not use any authorities granted under section 212(d)(4)(C) of such Act until the Secretary of Homeland Security completely implements a security plan

to fully ensure secure transit passage areas to prevent aliens proceeding in immediate and continuous transit through the United

States from illegally entering the United States.

* * * * * * *

Secure Embassy Construction and

Counterterrorism Act of 1999

* * * * * * *

SEC. 605. OBLIGATIONS AND EXPENDITURES.

(a) REPORT AND PRIORITY OF OBLIGATIONS.—

* * * * * * *

(c) øSEMIANNUAL¿ ANNUAL REPORTS ON ACQUISITION AND MAJOR

SECURITY UPGRADES.—On øJune 1 and¿ December 1 of each year,

the Secretary of State shall submit a report to the appropriate congressional committees on the embassy construction and security

program authorized under this title. The report shall include—

(1) obligations and expenditures—

(A) during the previous øtwo fiscal quarters¿ year; and

(B) since the enactment of this Act;

(2) projected obligations and expenditures for the fiscal year

in which the report is submitted and how these obligations and

expenditures will improve security conditions of specific diplomatic facilities; and

(3) the status of ongoing acquisition and major security enhancement projects, including any significant changes in—

(A) the budgetary requirements for such projects;

(B) the schedule of such projects; and

(C) the scope of the projects.

* * * * * * *

Foreign Operations, Export Financing, and

Related Programs Appropriations Act, 1994

* * * * * * *

TITLE V—GENERAL PROVISIONS

* * * * * * *

SEC. 560. (a) * * *

* * * * * * *

ø(g) None of the funds appropriated by this Act shall be made

available to any government of the New Independent States of the

former Soviet Union if that government directs any action in violaVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00123 Fmt 6659 Sfmt 6602 FAA06.TXT SFRELA2 PsN: SFRELA2
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tion of the territorial integrity or national sovereignty of any other

New Independent State, such as those violations included in Principle Six of the Helsinki Final Act: Provided, That such funds may

be made available without regard to the restriction in this subsection if the President determines that to do so is in the national

interest of the United States: Provided further, That the restriction

of this subsection shall not apply to the use of such funds for the

provision of assistance for purposes of humanitarian, disaster and

refugee relief: Provided further, That thirty days after the date of

enactment of this Act, and then annually thereafter, the Secretary

of State shall report to the Committees on Appropriations on steps

taken by the governments of the New Independent States concerning violations referred to in this subsection: Provided further,

That in preparing this report the Secretary shall consult with the

United States Representative to the Conference on Security and

Cooperation in Europe.¿

* * * * * * *

Arms Control and Disarmament Act

* * * * * * *

SEC. 306. (a) IN GENERAL.—In order to ensure that arms control,

nonproliferation, and disarmament agreements can be verified, the

Secretary of State shall report to Congress, on a timely basis, or

upon request by an appropriate committee of the Congress—

(1) in the case of any arms control, nonproliferation, or disarmament agreement or other formal commitment that has been

concluded by the United States, the determination of the Secretary of State as to the degree to which the components of

such agreement or other formal commitment can be verified;

(2) in the case of any arms control, nonproliferation, or disarmament agreement that has entered into force, any significant

degradation or alteration in the capacity of the United States

to verify compliance of the components of such agreement or

other formal commitment;

* * * * * * *

øSEC. 403. (a) IN GENERAL.—Not later than April 15 of each

year, the President shall submit to the Speaker of the House of

Representatives and to the chairman of the Committee on Foreign

Relations of the Senate a report prepared by the Secretary of State

with the concurrence of the Director of Central Intelligence and in

consultation with the Secretary of Defense, the Secretary of Energy, and the Chairman of the Joint Chiefs of Staff, on the status

of United States policy and actions with respect to arms control,

nonproliferation, and disarmament. Such report shall include—

ø(1) a detailed statement concerning the arms control, nonproliferation, and disarmament objectives of the executive

branch of Government for the forthcoming year;

ø(2) a detailed assessment of the status of any ongoing arms

control, nonproliferation, or disarmament negotiations, including a comprehensive description of negotiations or other activities during the preceding year and an appraisal of the status

and prospects for the forthcoming year;

125

ø(3) a detailed assessment of adherence of the United States

to obligations undertaken in arms control, nonproliferation,

and disarmament agreements, including information on the

policies and organization of each relevant agency or department of the United States to ensure adherence to such obligations, a description of national security programs with a direct

bearing on questions of adherence to such obligations and of

steps being taken to ensure adherence, and a compilation of

any substantive questions raised during the preceding year

and any corrective action taken;

ø(4) a detailed assessment of the adherence of other nations

to obligations undertaken in all arms control, nonproliferation,

and disarmament agreements or commitments, including the

Missile Technology Control Regime, to which the United States

is a participating state, including information on actions taken

by each nation with regard to the size, structure, and disposition of its military forces in order to comply with arms control,

nonproliferation, or disarmament agreements or commitments,

and shall include, in the case of each agreement or commitment about which compliance questions exist—

ø(A) a description of each significant issue raised and efforts made and contemplated with the other participating

state to seek resolution of the difficulty;

ø(B) an assessment of damage, if any, to the United

States security and other interests; and

ø(C) recommendations as to any steps that should be

considered to redress any damage to United States national security and to reduce compliance problems;

ø(5) a discussion of any material noncompliance by foreign

governments with their binding commitments to the United

States with respect to the prevention of the spread of nuclear

explosive devices (as defined in section 830(4) of the Nuclear

Proliferation Prevention Act of 1994) by non-nuclear-weapon

states (as defined in section 830(5) of that Act) or the acquisition by such states of unsafeguarded special nuclear material

(as defined in section 830(8) of that Act), including—

ø(A) a net assessment of the aggregate military significance of all such violations;

ø(B) a statement of the compliance policy of the United

States with respect to violations of those commitments;

and

ø(C) what actions, if any, the President has taken or proposes to take to bring any nation committing such a violation into compliance with those commitments; and

ø(6) a specfic identification, to the maximum extent practicable in unclassified form, of each and every question that exists with respect to compliance by other countries with arms

control, nonproliferation, and disarmament agreements with

the United States.

ø(b) CLASSIFICATION OF THE REPORT.—The report required by

this section shall be submitted in unclassified form, with classified

annexes, as appropriate. The portions of this report described in

paragraphs (4) and (5) of subsection (a) shall summarize in detail,

at least in classified annexes, the information, analysis, and concluVerDate 11-MAY-2000 19:10 Mar 10, 2005 Jkt 000000 PO 00000 Frm 00125 Fmt 6659 Sfmt 6602 FAA06.TXT SFRELA2 PsN: SFRELA2
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sions relevant to possible noncompliance by other nations that are

provided by United States intelligence agencies.

ø(c) REPORTING CONSECUTIVE NONCOMPLIANCE.—If the President

in consecutive reports submitted to the Congress under this section

reports that any designated nation is not in full compliance with

its binding nonproliferation commitments to the United States,

then the President shall include in the second such report an assessment of what actions are necessary to compensate for such violations.

ø(d) Each report required by this section shall include a discussion of each significant issue described in subsection (a)(6) that was

contained in a previous report issued under this section during

1995, or after December 31, 1995, until the question or concern has

been resolved and such resolution has been reported in detail to

the appropriate committees of Congress (as defined in section

1102(1) of the Arms Control, Non-Proliferation, and Security Assistance Act of 1999).¿

SEC. 403. (a) REPORT ON OBJECTIVES AND NEGOTIATIONS.—Not

later than April 15 of each year, the President shall submit to the

Speaker of the House of Representatives and to the Chairman of the

Committee on Foreign Relations of the Senate a report prepared by

the Secretary of State, in consultation with the Secretary of Defense,

the Secretary of Energy, the Director of National Intelligence, and

the Chairman of the Joint Chiefs of Staff, on the status of United

States policy and actions with respect to arms control, nonproliferation, and disarmament. Such report shall include—

(1) a detailed statement concerning the arms control, nonproliferation, and disarmament objectives of the executive

branch of Government for the forthcoming year; and

(2) a detailed assessment of the status of any ongoing arms

control, nonproliferation, or disarmament negotiations, including a comprehensive description of negotiations or other activities during the preceding year and an appraisal of the status

and prospects for the forthcoming year.

(b) REPORT ON COMPLIANCE.—Not later than April 15 of each

year, the President shall submit to the Speaker of the House of Representatives and to the Chairman of the Committee on Foreign Relations of the Senate a report prepared by the Secretary of State with

the concurrence of the Director of the Central Intelligence Agency

and in consultation with the Secretary of Defense, the Secretary of

Energy, and the Chairman of the Joint Chiefs of Staff on the status

of United States policy and actions with respect to arms control,

nonproliferation, and disarmament compliance. Such report shall

include—

(1) a detailed assessment of adherence of the United States to

obligations undertaken in arms control, nonproliferation, and

disarmament agreements, including information on the policies

and organization of each relevant agency or department of the

United States to ensure adherence to such obligations, a description of national security programs with a direct bearing on

questions of adherence to such obligations and of steps being

taken to ensure adherence, and a compilation of any substantive questions raised during the preceding year and any

corrective action taken;

127

(2) a detailed assessment of the adherence of other nations to

obligations undertaken in all arms control, nonproliferation,

and disarmament agreements or commitments, including the

Missile Technology Control Regime, to which the United States

is a participating state, including information on actions taken

by each nation with regard to the size, structure, and disposition of its military forces in order to comply with arms control,

nonproliferation, or disarmament agreements or commitments,

including, in the case of each agreement or commitment about

which compliance questions exist—

(A) a description of each significant issue raised and efforts made and contemplated with the other participating

state to seek resolution of the difficulty;

(B) an assessment of damage, if any, to United States security and other interests;

(C) recommendations as to any steps that should be considered to redress any damage to United States national security and to reduce compliance problems; and

(D) for states that are not parties to such agreements or

commitments, a description of activities of concern carried

out by such states and efforts underway to bring such

states into adherence with such agreements or commitments;

(3) a discussion of any material noncompliance by foreign

governments with their binding commitments to the United

States with respect to the prevention of the spread of nuclear explosive devices (as defined in section 830(4) of the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 6305(4)) by non-nuclear-weapon states (as defined in section 830(5) of that Act (22

U.S.C. 6305(5)) or the acquisition by such states of

unsafeguarded special nuclear material (as defined in section

830(8) of that Act (22 U.S.C. 6305(8)), including—

(A) a net assessment of the aggregate military significance of all such violations;

(B) a statement of the compliance policy of the United

States with respect to violations of those commitments; and

(C) what actions, if any, the President has taken or proposes to take to bring any country committing such a violation into compliance with those commitments; and

(4) a specific identification, to the maximum extent practicable in unclassified form, of each and every question that exists with respect to compliance by other countries with arms

control, nonproliferation, and disarmament agreements and

other formal commitments with the United States.

(c) CHEMICAL WEAPONS CONVENTION COMPLIANCE REPORT REQUIREMENT SATISFIED.—The report submitted pursuant to subsection (b) shall include the information required under section

2(10)(C) of Senate Resolution 75, 105th Congress, agreed to April

24, 1997, advising and consenting to the ratification of the Convention on the Prohibition of Development, Production, Stockpiling and

Use of Chemical Weapons and on Their Destruction, with annexes,

done at Paris January 13, 1993 and entered into force April 29,

1997 (popularly known as the ‘Chemical Weapons Convention’;

T.Doc. 103–21)

128

(d) CLASSIFICATION OF REPORT.—The reports required by this section shall be submitted in unclassified form, with classified annexes, as appropriate. The report portions described in paragraphs

(2) and (3) of subsection (b) shall summarize in detail, at least in

classified annexes, the information, analysis, and conclusions relevant to possible noncompliance by other countries that are provided

by United States intelligence agencies.

(e) REPORTING CONSECUTIVE NONCOMPLIANCE.—If the President

in consecutive reports submitted to the Congress under subsection

(b) reports that any country is not in full compliance with its binding nonproliferation commitments to the United States, then the

President shall include in the second such report an assessment of

what actions are necessary to compensate for such violations.

(f) ADDITIONAL REQUIREMENT.—Each report required by subsection (b) shall include a discussion of each significant issue described in subsection (b)(4) that was contained in a previous report

issued under this section during 1995, or after December 31, 1995,

until the question or concern has been resolved and such resolution

has been reported in detail to the Committee on Foreign Relations

and the Select Committee on Intelligence of the Senate and the

Committee on International Relations and the Permanent Select

Committee on Intelligence of the House of Representatives.’’.

* * * * * * *

Afghanistan Freedom Support Act of 2002

* * * * * * *

SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.

(a) STRATEGY.—

* * * * * * *

(c) CONSOLIDATION OF REPORTS.—

(1) AUTHORITY.—In order to enhance efficient use of resources, the President may consolidate or combine into one submission for any year any of the following matters required to

be submitted in or for that year:

(A) The strategy under subsection (a).

(B) An annual report under subsection (b).

(C) An annual submission of the Afghanistan assistance

plan required under section 104(c).

(D) The semiannual report required under section 206(c),

relating to the implementation of strategies for meeting the

immediate and long-term security needs of Afghanistan.

(2) COMBINED DISCUSSION.—The authority under paragraph

(1) includes authority to satisfy a requirement for addressing a

factor or a criterion in a strategy, plan, or report referred to in

that paragraph by addressing that factor or criterion once in

the consolidated or combined submission for the purposes of all

such requirements.

129

Agricultural Trade Development and Assistance

Act of 1954

* * * * * * *

TITLE I—TRADE AND DEVELOPMENT ASSISTANCE

* * * * * * *

SEC. 104. USE OF LOCAL CURRENCY PAYMENT.

(a) IN GENERAL.—Agreements under this title may provide that

the Secretary shall use payments made in local currencies by the

developing country or private entity in accordance with this section.

(b) SPECIAL ACCOUNT.—Foreign currencies received by the Secretary under this title shall be deposited in a separate account,

that may be interest-bearing, to the credit of the United States and

such currencies and interest thereon shall be used as provided for

in this section.

(c) ACTIVITIES.—The proceeds from the payments referred to in

subsection (a) may be used in the appropriate developing country

for the following:

(1) TRADE DEVELOPMENT.—To carry out programs to help develop markets for United States agricultural commodities on a

mutually beneficial basis in the appropriate developing country.

* * * * * * *

(8) UNITED STATES OBLIGATIONS.—To make payments of

United States obligations (including obligations entered into

pursuant to other laws).

(9) SAFE WATER.—To provide assistance under section 104D

of the Foreign Assistance Act of 1961 to advance good health

and promote economic development by improving the safety of

water supplies, including programs related to drilling or maintaining wells.

* * * * * * *

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