29–010

Calendar No. 461

108TH CONGRESS REPORT

2nd Session " ! SENATE 108–248

FOREIGN AFFAIRS AUTHORIZATION ACT, FISCAL YEAR

2005

MARCH 18, 2004.—Ordered to be printed

Filed under the authority of the order of the Senate of March 12, 2004

Mr. LUGAR, from the Committee on Foreign Relations,

submitted the following

REPORT

[To accompany S. 2144]

The Committee on Foreign Relations, having had under consideration a bill (S. 2144) to authorize appropriations for the Department of State and international broadcasting activities for fiscal

year 2005, for the Peace Corps for fiscal years 2005 through 2007,

for foreign assistance programs for fiscal year 2005, and for other

purposes, reports favorably thereon with amendments and recommends that the bill as amended do pass.

CONTENTS

Page

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

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

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

IV. Division A—Foreign Relations Authorization ............................................. 5

(A) Summary of Funds ............................................................................... 5

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

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

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

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

VI. Cost Estimate ................................................................................................. 51

VII. Evaluation of Regulatory Impact .................................................................. 61

VIII. Changes in Existing Law .............................................................................. 61

I. PURPOSE

The Foreign Affairs Authorization Act, Fiscal Year 2005, authorizes funding for the Department of State, United States international broadcasting activities, the U.S. Agency for International

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Development, foreign assistance and other foreign affairs programs

for FY 2005. It authorizes funding for the Peace Corps for Fiscal

Years 2005-2007. The bill also addresses several important regional

and functional foreign policy issues.

II. COMMITTEE ACTION

The committee has held several public hearings this year focusing on the issues addressed in this legislation. On February 12,

Secretary of State Colin Powell testified regarding the President’s

budget request for international affairs. On February 26, the committee heard both official and private sector witnesses testify on

plans to improve public diplomacy programs and to strengthen U.S.

efforts to develop a free press and open media worldwide. On

March 2, State Department and USAID officials testified on the administration’s policies and foreign assistance goals in six different

regions of the world. On March 3, the committee heard three public

witnesses on the issue of how to strengthen the State Department’s

role in building operational readiness for crises overseas among the

civilian agencies. In other hearings on such issues as Iraq stabilization and reconstruction, U.S. policy in the Middle East and prospects for the Road Map, developments on the Korean Peninsula, relations between India and Pakistan, and the difficult task of helping to build a prosperous and stable Afghanistan, the committee

has explored the policy choices, the challenges, and the purposes

that underlie the funding and the authorities contained in this legislation.

The committee considered S. 2144 on March 4, 2004. During the

mark-up of this legislation, the committee adopted by voice vote a

managers’ package consisting of 25 amendments. A number of

other amendments were also adopted by voice vote:

• An amendment offered by Senator Sununu expressing the

sense of the Senate that the prospective requirement for certain visitors to the United States to have passports with biometric information should not disrupt the entry of legitimate

visitors.

• An amendment offered by Senator Boxer expressing the Sense

of Congress that the UN Security Council should pass a resolution banning the sale of man-portable air defense systems to

non-state entities and authorizing $10 million in assistance to

reduce the threat of such weapons.

• An amendment by Senator Boxer expressing the sense of Congress that the rights of women in Iraq should be protected following the restoration of sovereignty to that country.

• An amendment by Senator Boxer expressing the sense of Congress regarding the need for adequate security in Afghanistan

and that the UN Assistance Mission there should continue to

increase its efforts to register Afghan women to vote in order

to ensure their full participation in elections.

• An amendment by Senator Nelson requiring a report describing the Department’s plan for stabilization and reconstruction

in Haiti.

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• An amendment by Senator Nelson stating that $150 million

from authorized funds should be made available to provide assistance to Haiti.

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

of 19 to 0. Ayes: Lugar, Hagel, Chafee, Allen, Brownback, Enzi,

Voinivich, Alexander, Coleman, Sununu, Biden, Sarbanes, Dodd,

Kerry, Feingold, Boxer, Nelson, Rockefeller, and Corzine.

III. SUMMARY

The committee believes that the authorizations of appropriations

contained in this legislation must be seen in a national security

context. This funding is the civilian complement to the defense

budget, providing the resources, personnel and programs necessary

to address one of the most serious challenges facing the United

States since the Cold War. It is clear to any observer that the war

against global terrorism will not be won on a military battlefield.

If the American people and government policymakers are steadfast,

articulate and convincing, it will be won in towns and cities around

the world, in foreign ministries and justice departments, and in police stations, town halls, schools and places of worship on every

continent. Through our diplomacy, we can recruit friends and allies

to the task of rooting out terrorists where they are hiding on foreign soil. Through our public diplomacy, we can pursue a dialogue

with the Islamic world designed to bring to the fore moderate

spokespersons who can lead in finding new paths to mutual understanding. And with our foreign assistance, we can work to help

build strong and stable societies than can nurture and fulfill the

aspirations of their citizens and deny terrorists the uncontrolled

territory and abject poverty in which they thrive.

Authorizations of appropriations in this bill cover the operating

expenses and programs of the Department of State, the U.S. Agency for International Development, and the Broadcasting Board of

Governors for Fiscal Year 2005 and for the Peace Corps for 2005-

2007. Among other programs, it includes funding to address the

HIV/AIDS epidemic, build safer embassies for citizens serving in a

more dangerous world, and carry out education and cultural exchange programs that enrich America’s dialogue with other nations.

The committee has worked to report out authorization bills this

year that, taken as a whole, do not exceed the President’s budget.

Changes within that ceiling, however, have been made to reflect

committee concerns and priorities. For example, this legislation

doubles funding from last year’s level of $1 billion for the Millennium Challenge Corporation (MCC) to a new level for Fiscal Year

2005 of $2 billion. The committee also increased authorization for

the Peace Corps by $43 million above the previous year’s appropriated levels. Neither of these programs, however, received the

full amount requested by the administration. This committee action

should not be misinterpreted: the committee supports both programs. In the case of the MCC, however, there was concern that

such a new and important program would be more effective in its

critical launching phase if it is not under immediate pressure to

quickly allocate such a large sum of money. The Peace Corps, on

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the other hand, is well-established. It is a highly respected program

that the committee fully supports. Again, however, questions were

raised about implementing such a large increase in funding in one

year. The funding level in the bill does represent a 14 percent increase for the Peace Corps, double the size of the average percentage increase for other programs.

All other items are funded at or above the administration’s request. Notably, the bill provides the following increases:

• $200 million for child survival, which includes $179 million for

HIV-AIDS programs;

• $8 million for danger pay for State Department employees;

• $30 million for embassy security and construction;

• $30 million for educational and cultural exchanges in the Islamic world;

• $15 million for international broadcasting;

• $2 million for the North-South Center;

• $1 million for the State Department Inspector General;

• $70 million for the Non-Proliferation, Anti-terrorism, Demining; and Related Programs (NADR);

• $25 million for Freedom Support Act (FSA) programs;

• $5 million for Support for Eastern European Democracies

(SEED) programs

• $35 million for migration and refugee assistance;

• $17 million for development assistance; and

• $1 million for the USAID Inspector General.

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IV. DIVISION A—FOREIGN RELATIONS AUTHORIZATION

(A) SUMMARY OF FUNDS

FY 2004

Appropriations

Estimate 1

FY 2005

Request

FY 2005

SFRC Bill

as Reported

Diplomatic and Consular Programs $4,219,788 $4,285,044 $4,293,004

[Includes: Worldwide Security Upgrades] 639,896 658,701 658,701

Capital Investment Fund 79,158 155,100 155,100

Embassy Security Construction & Maintenance 1,420,659 1,539,000 1,569,000

Other State Department Accounts

Representation Allowance $8,905 $8,640 $8,640

Protection of Foreign Missions and Officials 9,895 9,600 9,600

Emergencies in Diplomatic and Consular Service 116,489 7,000 7,000

Repatriation Loans 1,206 1,219 1,219

Payment to the American Institute in Taiwan 18,584 19,482 19,482

Office of the Inspector General 31,369 30,435 31,435

Education, Cultural, and Public Diplomacy Programs

Total $316,633 $345,346 $375,346

[Incl. Fulbright Exchanges] 152,767 150,000 150,000

Related Appropriations

National Endowment for Democracy $39,579 $80,000 $80,000

East-West Center 17,692 13,709 13,709

The Asia Foundation 12,863 8,880 8,880

North-South Center 0 0 2,000

International Organizations

Contributions for International Organizations $999,830 $1,194,210 $1,194,210

Contributions for International Peacekeeping 695,056 650,000 650,000

International Commissions

International Boundary & Water Commissions—

S&E

$25,726 $30,300 $30,300

International Boundary & Water Commissions—

Construction

3,514 8,545 8,545

International Boundary Commission 1,248 1,210 1,210

International Joint Commission 5,491 7,498 7,498

International Fisheries Commissions 19,097 20,800 20,800

Border Environment Cooperation Commission 2,111 2,048 2,048

Migration and Refugee Assistance

Total $755,712 $729,789 2 $764,789

International Broadcasting Activities

Total International Broadcasting $591,567 $569,300 $584,300

1Figures reflect increases provided to certain accounts in war-time supplemental (P.L. 108– 106). 2 includes additional $35M added in committee

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(B) SECTION-BY-SECTION ANALYSIS

Sec. 101. Administration of Foreign Affairs

This section authorizes appropriations under the heading ‘‘Administration of Foreign Affairs’’ for FY 2005.

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

request in FY 2005 for Worldwide Security Upgrades, the Capital

Investment Fund, Representation Allowances, Protection of Foreign

Missions and Officials, Emergencies in the Diplomatic and Consular Service, Repatriation Loans, Payments to the American Institute in Taiwan and the Office of the Inspector General. The committee has authorized levels above the administration’s request in

key areas where needs are most pressing.

Specifically, the committee increased the Diplomatic and Con- sular Programs by $7.96 million to allow the current cap on danger

and hardship pay to be raised by 10 percent. The increase is intended to encourage service in especially difficult posts where the

fight against terrorism must be pursued despite hardships. The committee also added $30 million to the embassy security

and construction account. The additional funding is intended to

speed up the projected construction calendar for safe embassies,

shortening as much as possible the period in which U.S. Government employees will be working in buildings that are widely recognized as vulnerable to attack. If we are to send our best people into

the diplomatic front lines of the long-term war against terrorism,

the committee believes it imperative to provide the best protection

possible in these threatening environments.

The committee continues to support the administration’s decision

to institute an inter-agency cost-sharing program whereby each

government agency contributes to the construction costs of new embassy compounds according to a formula based on expected future

use. Such a plan will greatly reduce the time that it will take to

provide safer facilities for U.S. Government employees from all Departments and agencies that post personnel overseas.

Sec. 102(a)(1). U.S. educational, cultural, and public diplomacy

programs

The committee strongly supports an effective campaign to

counter credible reports and observed evidence of anti-Americanism, especially in the Islamic world. The committee supports

the Department’s efforts to strengthen its outreach to the Muslim

world in the Middle East and in other regions where there are significant Muslim populations. The committee is authorizing appropriations of $30 million above the administration’s request to add

momentum to programs already underway, to boost Muslim participation in existing programs, and to authorize a new program that

is designed to attract and engage young people from Islamic communities.

Sec. 102 (a)(2-4) and (b)

Under these subsections, the committee is authorizing appropriations for the National Endowment for Democracy at $80 million,

the funding level requested by the administration. The Asia Foundation and the Center for Cultural and Technical Interchange beVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
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tween East and West are also each authorized at the level the administration requested. The North-South Center is funded at $2

million.

Sec. 103. International organizations and conferences

This section authorizes appropriations in FY 2005 for contributions to international organizations (CIO) and for contributions to

international peacekeeping (CIPA).

The committee is authorizing the full amount requested for both

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

the budgets of the specialized agencies in which the U.S. is a member, and the U.S. share of peacekeeping assessments. The legislation also authorizes $6 million to be used to secure a Treasury loan

for the United Nations to renovate UN headquarters and undertake much needed health, safety, and security upgrades. The committee is requesting a report from the Secretary of State on

progress being made to implement recommendations contained in

the August 2000 ‘‘Brahimi Report’’ on UN Peacekeeping Operations. The request specifically cites the committee’s interest in

learning how the U.S. Government is contributing to the development of a more robust UN capacity to organize international police

units for use on an emergency basis.

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

UN budget. Currently, U.S. annual dues are paid late in the calendar year, at the start of the U.S. fiscal year. The UN budget year

begins in January. The payment of U.S. dues in the tenth month

strains the UN’s financial stability. Now that the United States has

paid its arrears as authorized by Congress, it is time to also correct

the timing of annual payments. The administration is urged to request funding next year that would result in the U.S. paying its

dues in the month when they actually fall due.

Sec. 104. International Commissions

This section authorizes appropriations for FY 2005 under the

heading ‘‘International Commissions.’’ It authorizes funds necessary to enable the United States to meet its obligations as a participant in international commissions, including those dealing with

American boundaries and related matters with Canada and Mexico, and international fisheries commissions.

Sec. 105. Migration and Refugee Assistance

This section authorizes appropriations for fiscal year 2005 to enable the Secretary of State to provide assistance and make contributions for migrants and refugees, including contributions to

international organizations such as the United Nations High Commissioner for Refugees and the International Committee for the

Red Cross, through private volunteer agencies, government, and bilateral assistance, as authorized by law. The committee authorized

$35 million above the administration’s request for this account specifically to respond to the challenges faced by women and children

who are affected by humanitarian emergencies. The committee is

concerned about ongoing security problems in refugee camps and

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supports the administration’s stated goal of preventing and responding to gender-based violence. The committee urges the Department of State to expand its work to enhance the protection of

vulnerable refugee and displaced populations. The committee expects these additional funds to be used to help protect women and

children in refugee and internally displaced camps, particularly

from sexual exploitation and gender-based violence. Of the

amounts authorized, $50 million is earmarked for resettlement of

refugees in Israel.

SUBTITLE B—UNITED STATES INTERNATIONAL BROADCASTING

ACTIVITIES

Sec. 111. International Broadcasting Operations

This section authorizes appropriations for international broadcasting activities in FY 2005. The committee authorized funding

above the administration’s request to allow the Broadcasting Board

of Governors to maintain its full staff, operations and capital improvements. The committee has been disappointed by the decision,

required by fiscal constraints, to reduce or eliminate programming

in several Central and East European countries. It has been the

committee’s view that it is premature to terminate programming to

nations that have supported the war on terrorism and are still

strengthening their Western links and shaping their attitudes toward change in their own societies.

The committee is providing authorization for the Middle East

Broadcasting Network, whose funding was appropriated in a supplemental last year and further funded in the omnibus appropriations bill earlier this year. The committee looks forward to the new

Arabic-language network providing professional quality broadcasting through a combination of news, editorial comment, talk

shows, and documentaries to a region that is vitally important to

the United States. The committee will be monitoring the network

closely, with an interest in the diversity of program content and

the size of the audience attracted.

TITLE I—DEPARTMENT OF STATE AUTHORITIES AND

ACTIVITIES

SUBTITLE A—BASIC AUTHORITIES AND ACTIVITIES

Sec. 201. Interference with protective functions

This section provides a new provision that makes it a crime to

knowingly and willfully obstruct, resist, or interfere with Diplomatic Security agents involved in their protective duties. The provision is based on a similar provision in the Federal criminal code

with regard to interference with the protective duties conducted by

the Secret Service. (18 U.S.C. 3056(d)).

Sec. 202. Authority to issue administrative subpoenas

This section provides a narrow administrative subpoena authority for Diplomatic Security agents. Such a subpoena may be issued

in cases of an ‘‘imminent threat’’ to persons, missions or organizations protected by Diplomatic Security under the authority of Section 37(a)(3) of the State Department Basic Authorities Act. The

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authority is similar to one provided to the Secret Service (see 18

U.S.C. 3486), and the procedural protections of that provision will

apply here. The committee has provided that the power to issue

such subpoenas could be delegated by the Secretary only to the

Deputy Secretary, thereby assuring close attention to this authority

at the highest level of the Department. In addition, to facilitate

oversight of the exercise of this authority, the Secretary must report annually to the committee on its use.

Sec. 203. Enhanced Department of State authority for uniformed security officers

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

area and several States, and authority to designate firearms training officers as law enforcement officers for the purposes of safeguarding weapons in transit. Under current law, the uniformed

contract guards who provide security at Department facilities are

governed by a patchwork quilt of authorities. Such guards have

some law enforcement authority under delegations by the General

Services Administration (at those facilities which are GSA-operated), and under an arrangement with the Marshals Service which

allows certain guards to be deputized.

The committee finds it unacceptable that there is not clear authority provided to guards charged with protecting Department facilities and employees. The committee notes that numerous other

Federal departments have similar statutory authority, including

the Departments of Defense, Energy, Transportation, and Veterans

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

Sec. 204. Prohibition on transfer of certain visa processing fees

This section provides that processing fees collected by the Department of State shall not be transferred to any other department

or agency, except pursuant to the Economy Act.

Sec. 205. Reimbursement from United States Olympic Committee

This section requires the Secretary of State to seek, to the extent

practicable, reimbursement from the United States Olympic Committee for security provided to the U.S. Olympic Team by Diplomatic Security agents at the Summer Olympics, scheduled to be

held in Athens, Greece in 2004.

Sec. 206. International Litigation Fund

This section allows the Department to retain awards of costs and

attorneys’ fees when defending against international claims in addition to amounts currently allowed to be retained when it successfully prosecutes a claim.

Sec. 207. Victims of crime in foreign countries

This section directs the Secretary of State to establish a Victims

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

services to American victims of violent crimes overseas, to maintain

a data base to track the incidents of violent crimes against Americans that are reported to overseas missions, and to administer fiVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
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nancial assistance to victims who need it. The committee has given

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

is for unforeseen emergencies arising in the diplomatic and consular service, to provide emergency financial assistance when no

other assistance is available. As this is a new program, the committee has required a report from the Secretary outlining the operation of the office and recommending how it can be improved. The

Secretary is encouraged to recommend an alternative funding

mechanism to assist crime victims if such is deemed necessary.

The committee acknowledges the State Department’s recent efforts to address the increasing problem of American victims of violent crimes abroad along the lines the committee suggested last

year. The committee intends that further action be taken to meet

the needs of the many Americans who work, live, study or are traveling abroad who become crime victims. The committee is also

aware that there are inequities in the eligibility of Americans for

victims’ compensation from their home States. Only 22 States currently compensate victims for expenses such as lost wages and

medical care if they are victims of crime outside the United States.

The committee encourages the Secretary to consider proposals in

consultation with the Attorney General to remedy this gap.

SUBTITLE B—EDUCATIONAL, CULTURAL, AND PUBLIC DIPLOMACY

AUTHORITIES

Sec. 211. Authority to Promote Biotechnology

This section authorizes the Secretary of State to support public

diplomacy efforts promoting biotechnology through grants, cooperative arrangements, or contracts. This authority is intended to provide a tool to help ensure that views and decisions of foreign governments concerning biotechnology and its applications in the

areas of food and agriculture reflect scientific findings about such

technology.

Sec. 212. The United States Diplomacy Center

This section authorizes the Secretary of State to establish a

United States Diplomacy Center housing a museum, conference

center and auditorium to be located in the Department of State’s

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

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

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

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

urges the Department to plan carefully and take every step necessary to ensure that public access to the Center does not compromise security of the headquarters building. The committee understands that a feasibility study has been conducted to determine

if the necessary operating funds can be raised through voluntary

donations. The committee intends to review the results of the study

and expects that, should it become apparent that voluntary funding

will not be sufficient, the Department will re-evaluate its plans to

establish the Center.

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Sec. 213. Latin America Civilian Government Security Program

This section authorizes the Secretary of State to establish an

educational program for foreign students and professionals that is

designed to promote civilian control of government ministries in

Latin America.

Sec. 214. Extension of the advisory committee on cultural diplomacy

This section extends the authorization of the Advisory Committee

on Cultural Diplomacy, which was established by Section 224 of

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

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

September 30, 2005, or for approximately three years. Although

nearly 18 months have passed since enactment of the provision, the

Secretary of State has yet to make the required appointments to

the Committee. Hence, it has yet to begin operation. In light of that

delay, this provision extends the authorization of the Committee

for an additional two years, until September 30, 2007.

TITLE III—ORGANIZATION AND PERSONNEL OF THE

DEPARTMENT OF STATE

Sec. 301. Fellowship of Hope Program

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

Commission in Brussels and expands it to NATO countries and

NATO headquarters. Under the expanded program, mid-level diplomats will spend a year working in the foreign ministries of participating countries or in the European Commission or NATO headquarters. The committee believes this is a worthwhile program to

maintain and strengthen United States-European relations.

Sec. 302. Cost-of-living allowances

This section modifies current law to authorize payments to cover

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

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

still dependents.

Sec. 303. Additional authority for waiver of annuity limitations on

reemployed Foreign Service annuitants

This section permits the Secretary to waive limitations on dual

compensation that apply to re-employed Foreign Service annuitants

when they are re-employed in emergency circumstances or on a

temporary basis in positions for which it is exceptionally difficult

to recruit or retain qualified employees. Under current law, Foreign

Service annuitants hired on a full-time basis have their annuities

terminated; those employed on a part-time or intermittent basis

may only work for a limited period of time each year because of the

dual compensation limits. These limitations hamper the Department’s ability to develop surge capacity in an emergency or hire experienced individuals with unique skills to meet important mission

needs. This waiver authority already exists for the Civil Service (5

U.S.C. 8468(f)(A)). The committee expects the Department to ensure that such waivers are granted only in a limited number of exVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
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ceptional cases and that such waivers are authorized only by the

Under Secretary for Management.

Sec. 304. Home Leave

This section allows additional flexibility in the application of the

home leave program provided under the Foreign Service Act of

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

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

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

provision delinks rest and recuperation travel from the timing of

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

Sec. 305. Increased limits applicable to post differentials and danger pay allowances

This section increases the cap for hardship and danger pay for

Foreign Service personnel from 25% of salary to 35%. Based on estimates presented to the committee, the Department could apply

the new cap to personnel serving at some 31 posts worldwide at an

estimated cost of $8 million. The committee believes that such increases are justified as an incentive to officers to serve at exceptionally dangerous and difficult posts.

Sec. 306. Suspension of Foreign Service members without pay

This section allows the Department to suspend without pay a

member of the Foreign Service in cases where there is reasonable

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

he/she may be imprisoned and there is a connection to the efficiency of the Service. This provision is drawn from a similar provision in the civil service laws (see 5 U.S.C. §§ 7512, 7513), and is

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

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

be imposed. See Section 143 of the Foreign Relations Authorization

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

Although the provision is not identical to the analogous provision

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

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

the Merit Systems Protection Board and Federal courts of appeals.

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

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

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

955, 957 (Fed. Cir. 1993). The committee intends that the same

nexus between the misconduct and the employee’s duties be demonstrated in suspensions under this section.

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

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

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

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

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

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

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

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

If there is an acquittal and the employee is reinstated, the employee may receive back pay, either under the Back Pay Act, Richardson, 47 F.3d at 421, or under Section 307 of this Act (which

adds a new Section 2(o) of the State Department Basic Authorities

Act of 1956).

Sec. 307. Claims for lost pay

This section clarifies the Department’s authority to enter into

settlements of claims of back pay or other grievances brought by

personnel in cases where it is appropriate.

Sec. 308. Repeal of requirement for recertification process for members of the Senior Foreign Service

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

the recertification process for members of the Senior Executive

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

Security Act of 2002.

Sec. 309. Deadline for issuance of regulations regarding retirement

credit for government service performed abroad

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

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

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

employees who worked for the Department overseas as part of the

spousal employment program in the 1990s.

Sec. 310. Separation of lowest ranked Foreign Service members

This section modifies existing personnel review procedures which

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

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

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

panel for consideration of whether they should be retained in the

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

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

a more appropriate standard.

Sec. 311. Disclosure requirements applicable to proposed recipients

of the personal rank of ambassador or minister

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

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

months in duration. When the President makes such a designation,

he is required to submit certain information about the individual

and the special mission to the Committee on Foreign Relations.

This provision makes clear that the President shall submit to the

committee a financial disclosure statement completed by the individual.

Sec. 312. Provision of living quarters and allowances to the United

States Representatives to the United Nations

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

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

New York City. It also makes the allowance for housing not taxable, consistent with overseas housing benefits. These changes reflect the committee’s desire to ease difficulties in recruiting the

best staff available to work in New York to promote effective diplomacy at the United Nations.

Sec. 313. Pay for performance for the Senior Foreign Service

This section amends the law related to the Senior Foreign Service (SFS) pay system in order to enable the State Department to

conform the SFS pay system to that of the Senior Executive Service

(SES) pay system. This provision is necessary due to a new payfor-performance system for the SES that was established by the

National Defense Authorization Act of FY 2004 (P.L. 108–136). Although the law did not explicitly cover the SFS, the SFS was affected by the new law in that it eliminated locality pay for the SFS

and eliminated the SES pay grades to which SFS pay levels are,

by law, linked. This section puts forth a system compatible with

the SES system, but consistent with the authorities unique to the

Foreign Service.

This section also provides chiefs of mission with the same aggregate pay cap and rollover provisions as members of the SES and

SFS.

Sec. 314. Clarification of Foreign Service Grievance Board procedures

This section allows the Foreign Service Grievance Board to retain

an employee on the payroll while a grievance is being reviewed

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

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

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

for cause.

Sec. 315. Refugee response teams

This section authorizes the Secretary of State to use the expertise of private voluntary organizations to help identify refugees for

resettlement in emergency situations.

15

TITLE IV—INTERNATIONAL ORGANIZATIONS

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

United Nations peacekeeping operations after calendar year

2004

This section amends a limitation (of 25 percent) on U.S. payments to the United Nations peacekeeping budget, initially enacted

in Section 404 of the Foreign Relations Authorization Act, Fiscal

Years 1994 and 1995 (P.L. 103–236). The United Nations Reform

Act of 1999 (the so-called Helms-Biden law) made the reduction of

U.S. dues for peacekeeping one of several conditions to be met before the United States would pay its arrears to the UN. Negotiations in December 2000 by then-U.N. Ambassador Richard

Holbrooke succeeded in reducing the U.S. peacekeeping assessment

to just over 27 percent. Section 402 of the Foreign Relations Authorization Act, Fiscal Year 2003 (P.L. 107–228) amended the 1994

law, consistent with the new rate negotiated by Ambassador

Holbrooke; but that provision was applicable only for calendar

years 2001-2004. The provision in this bill makes the new rate applicable for every year after calendar year 2004.

Sec. 402. Report to Congress on implementation of the Brahimi Report

This section requires the Secretary of State to submit a report

to the appropriate congressional committees that assesses United

Nations implementation of the recommendations of the 2000 Report of the Panel on United Nations Peace Operations (known as

the ‘‘Brahimi Report’’) and U.S. support of UN progress in this

area. The committee recognizes the importance of the United Nations peacekeeping operations, including its capability to deploy

civil police forces, in promoting stability in post-conflict situations.

The Brahimi Report made several useful recommendations for

strengthening UN peacekeeping operations and the committee believes that this report will contribute to its oversight of U.S. efforts

and future plans to support the implementation of those recommendations.

Sec. 403. Membership on United Nations Councils and Commissions

This section amends Section 408 of the Foreign Relations Authorization Act, Fiscal Year 2003 (P.L. 107–228) to require the United

States to use its voice and vote in the United Nations General Assembly and the United Nations Economic and Social Council to

make every reasonable effort to prevent state sponsors of terrorism

and countries subject to United Nations sanctions from gaining

membership positions on the U.N. Security Council or the U.N.

Human Rights Commission. The section further requires the

United States to advocate against the selection of any member nation that the Secretary determines is a sponsor of terrorism or is

the subject of U.N. sanctions to a leadership position in the United

Nations General Assembly, the United Nations Commission on

Human Rights, the United Nations Security Council, or any other

entity of the United Nations.

16

TITLE V—DESIGNATION OF FOREIGN TERRORIST

ORGANIZATIONS

Sec. 501. Designation of Foreign Terrorist Organizations

Section 501(a) changes current law, set forth in Section 219 of

the Immigration and Nationality Act, with respect to the designation of Foreign Terrorist Organizations (FTOs). It eliminates the

requirement under current law that such designations lapse after

two years unless renewed by the Secretary of State. It replaces this

requirement with procedures allowing entities designated as FTOs

to petition the Secretary every two years to have their designations

revoked. The decision of the Secretary on such petitions would be

subject to judicial review, as they are under current law. In the

event that in any four-year period an entity designated as an FTO

does not petition to have its designation revoked, this section would

require the Secretary to review the entity’s designation on his own

initiative, and to determine whether the designation should be revoked. The Secretary’s determination in such a mandatory review

would not be subject to judicial review.

Section 501(b) allows the Secretary of State to amend an entity’s

designation as an FTO to take account of aliases or different names

used by the entity after it is designated without the need to create

a separate administrative record for such amendments. Instead,

the Secretary is required to correct the administrative record to include any amendments (and supporting information) justifying the

designation of the entity under its new name.

Section 501(c) makes technical and conforming amendments to

Section 219 of the Immigration and Nationality Act in order to accommodate changes made in sections 501(a) and 501(b).

Section 501(d) is a savings provision, which is designed to ensure

that the changes made in sections 501(a), 501(b), and 501(c) do not

affect the validity of redesignations of FTOs made prior to the

entry into force of this act.

TITLE VI—STRENGTHENING UNITED STATES OUTREACH

SUBTITLE A—PUBLIC DIPLOMACY

Sec. 601. Plans, reports, and budget documents

This section is designed to ensure that the administration (and

the Department of State in particular) devotes proper attention to

public diplomacy in its planning and budget processes.

Subsection (a) requires the President to prepare an international

information strategy that consists of plans designed for the major

geographic regions of the world, including a focus on regions with

significant Muslim populations.

Subsection (b) requires that the National Security Strategy (mandated by Section 108 of the National Security Act of 1947) contain

a comprehensive discussion of how public diplomacy activities are

integrated into the strategy.

Subsection (c) requires the Department of State to fully integrate

public diplomacy activities into the planning processes of the Department. So as to not burden the Department with new reporting

requirements, this subsection mandates discussion of public diploVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
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macy activities as part of several reports already required by law

or by Department policy.

Sec. 602. Recruitment and Training

This section seeks to ensure that training in public diplomacy activities is an important priority for the Foreign Service.

Subsection (a) requires that the Secretary of State ensure that

public diplomacy is an important component of training at all levels of the Foreign Service.

Subsection (b) amends an existing provision of the Foreign Service Act which relates to Junior Officer training to require that public diplomacy be part of such training.

Sec. 603. Report on Foreign Language Briefings

This section requires the Secretary of State to report on the feasibility of conducting regular, televised briefings about U.S. foreign

policy in major foreign languages. The committee recognizes that

press briefings are conducted on an almost-daily basis at the Department, and on a regular basis for foreign journalists at the Foreign Press Centers. The committee believes that engaging in a dialogue with foreign audiences requires that we speak to them in

their own language. Accordingly, the committee believes it would

be useful to consider the possibility of conducting more frequent

briefings in the major foreign languages.

SUBTITLE B—STRENGTHENING UNITED STATES EDUCATIONAL AND

CULTURAL EXCHANGE PROGRAMS IN THE ISLAMIC WORLD

Sec. 611. Definitions

This section contains definitions which apply throughout subtitle

B. The subtitle is focused on expanding exchange programs with

the Muslim world. Accordingly, the main definition is that of ‘‘eligible country,’’ which applies to countries or entities in Africa, the

Middle East, South Asia, or Southeast Asia that have a significant

Muslim population and are designated as eligible by the Secretary.

Sec. 612. Expansion of Educational and Cultural Exchanges

This section authorizes the expansion, in eligible countries, of

several current international exchange programs, including the

Fulbright exchange program, the Hubert Humphrey Fellowship

program, and the International Visitors Program. It also authorizes

the development or creation of other programs, such as a library

exchange program and a program to bridge the digital divide. To

the extent the Department has existing authority to undertake

such activities, it need not create a duplicative program structure

to carry out these provisions.

Finally, the section authorizes a program of scholarships for students from eligible countries at colleges or universities that are located in eligible countries, organized under U.S. law, accredited,

and not under the control of the host government.

Sec. 613. Secondary Exchange Program

This section authorizes the Secretary of State to establish a new

international student exchange program, modeled on the Future

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Leaders Exchange Program, for high school students from countries

with significant Muslim populations. The committee is persuaded

that such investments in youth education will benefit both the students and their host families and will promote mutual understanding of culture and values.

Sec. 614. Authorization of Appropriations

In this section, the committee indicates that the $30,000,000 it

is authorizing above the administration’s request for education and

cultural exchange programs should be expended on programs outlined in this section and should be in addition to funding already

planned for Islamic outreach in current programs.

SUBTITLE C—FELLOWSHIP PROGRAM

Sec. 621. Short Title

The short title of this subtitle is the ‘‘Edward R. Murrow Fellowship Act.’’

Sec. 622. Fellowship Program

This section establishes a fellowship program under the Broadcasting Board of Governors, to be called the ‘‘Edward R. Murrow

Fellowships.’’ The purpose of the program is to train foreign journalists for short periods at the Voice of America, Radio Free Europe/Radio Liberty, and Radio Free Asia. All three entities serve,

through their daily broadcasts, as a model of how a journalistic enterprise should operate in free societies. Through this small training program, the services can further contribute to freedom of the

press in countries where they broadcast. Such training is consistent

with one of the principles set forth in the United States International Broadcasting Act of 1994, which calls for U.S. international broadcasting to include ‘‘training and technical support’’ for independent indigenous media.

Sec. 623. Fellowships

This section provides a limitation on the number of fellowships

at 20 per fiscal year. It also authorizes the payment of remuneration, housing and transportation for fellows.

Sec. 624. Administrative Provisions

This section provides various administrative authorities necessary to implement the fellowship program.

TITLE VII—INTERNATIONAL PARENTAL CHILD ABDUCTION

PREVENTION

Sec. 701. Short title

This section provides the short title of Title VII.

Sec. 702. Inadmissibility of aliens supporting international child

abductors and relatives of such abductors

Section 702(a) makes certain changes in the Secretary of State’s

authority, in international child abduction cases, to deny visas to

certain family members of child abductors. It expands the category

of persons the Secretary of State may designate as ineligible to reVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
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ceive visas to include grandchildren, grandparents, cousins, uncles,

aunts, nephews and nieces of a child abductor.

Section 702(b) clarifies the authority of the Secretary to implement and terminate designations of visa ineligibility in child abduction cases. Designations of child abductors and those that provide them material support may only be terminated if the child is

returned or when the child reaches age 21. Designations of family

members of a child abductor may be terminated at the Secretary’s

discretion in order to permit the Secretary flexibility in seeking the

help of such persons in securing a child’s return.

Section 703(c) requires the Department of State to report to the

Congress annually for five years on the use of this visa denial authority.

TITLE VIII—MISCELLANEOUS PROVISIONS

Sec. 801. Repeal of Requirement for Semiannual Report on Extradition of Narcotics Traffickers

This section repeals, at the administration’s request, the requirement that the Department report semi-annually on extradition of

narcotics traffickers from Andean countries.

Sec. 802. Technical amendments to the United States International

Broadcasting Act of 1994

This section makes technical amendments which were overlooked

in the legislation (enacted in 1998) which merged the United States

Information Agency into the Department of State. It relates to the

service of the Secretary of State as an ex officio member of the

Broadcasting Board of Governors. No substantive change is effected

or intended.

Sec. 803. Fellowships for multidisciplinary training on nonproliferation issues

This section authorizes the Secretary of State to expend $2 million to organize a new program on non-proliferation, bringing foreign students to U.S. centers and academic institutions that specialize in non-proliferation studies to encourage and build a cadre

of experts whose future careers would be devoted to addressing the

risk that weapons of mass destruction pose.

It is intended to encourage eligible students to pursue careers in

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

on nonproliferation studies.

Sec. 804. Requirement for Report on United States Policy Toward

Haiti

This section requires that the Secretary of State provide a report

that describes a plan for the stabilization and reconstruction of

Haiti for fiscal years 2004 and 2005. The report shall include a description of activities to be carried out by the U.S. Government to

assist in the establishment of democracy and rule of law, promote

economic development, and improve health, education, and employment. It must also include information on U.S. efforts to assist in

20

the disarmament of militias and the reform of the Haitian National

Police, the holding of free and fair elections, and strategies to address the HIV/AIDS epidemic. It must also outline U.S. efforts to

convene an international donors conference and persuade other nations to make substantial contributions to Haiti’s stabilization and

reconstruction. The committee believes that the United States has

a political and economic interest, as well as a humanitarian responsibility, to address the crisis in Haiti.

Sec. 805. Limitation on use of funds relating to United States policy

with respect to Jerusalem as the capital of Israel

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

Sec. 806. Requirement for additional report concerning efforts to

promote Israel’s diplomatic relations with other countries

This section extends a reporting requirement outlining efforts

undertaken to promote Israel’s diplomatic relations with nations

around the world.

Sec. 807. United States policy regarding the recognition of a Palestinian state

This section reaffirms U.S. policy established by President

George W. Bush on the criteria for recognizing a Palestinian state.

It reiterates the President’s statement that three conditions must

be met: The new Palestinian leadership must not be compromised

by terrorism, it must demonstrate a commitment to peacefully coexist with Israel, and it must take appropriate measures to counter

terrorism and terrorist financing in the West Bank and Gaza.

Sec. 808. Middle East Broadcasting Network

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

East Broadcasting Network as a non-federal grantee organization.

Sec. 809. Sense of Congress relating to Magen David Adom Society

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

Red Cross to recognize the Magen David Adom Society and states

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

Sec. 810. Extension of Authorization of Appropriation for the Untied

States Commission on International Religious Freedom

The section extends the $3 million authorized in previous legislation to FY 2005 for the Commission on International Religious

Freedom, a Federally funded commission that reports on the status

of religious freedom in countries around the world.

Sec. 811. Sense of the Senate regarding the Visa Waiver Program

This section expresses the sense of the Senate that the October

26, 2004, deadline that requires certain visa waiver program beneficiaries to have passports with biometric and document authenVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00020 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
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tication identifiers should not disrupt the entry of legitimate visitors to the United States.

Sec. 812. Reporting requirements related to United States international agreements

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

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

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

that the Secretary of State submit it instead.

Sec. 813. Requirement to submit to Congress findings under the

Diplomatic Security Act

This section amends the provision in the Diplomatic Security Act

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

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

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

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

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

Government mission abroad. The provision applies only to facilities

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

program recommendations made by the Board are submitted to the

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

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

Sec. 814. Combatting piracy of United States copyrighted materials

This section authorizes the Department to carry out anti-piracy

programs in non-OECD nations and authorizes expenditures from

within existing funds of $5,000,000 for that purpose.

Sec. 815. Treatment of nationals of the Democratic People’s Republic

of Korea

This section states that nationals of the Democratic People’s Republic of Korea (DPRK) shall not be excluded from seeking refugee

or asylum status in the United States only because they are eligible to become nationals of the Republic of Korea (ROK). Nationals

of the DPRK (North Korea) are deemed de facto citizens of the

ROK (South Korea) under South Korea’s current law. Under

United States law, a person may qualify for refugee or asylum status only if the individual is unable to return to his or her country

of nationality or citizenship. This section is intended to avoid possible technical challenges of citizenship in the adjudication of a refugee or asylum claim. Its impact is strictly limited to refugee and

asylum determinations. It is not intended to have an impact on

broader issues of immigration eligibility or nationality benefits in

the United States or in the ROK.

22

Sec. 816. Education of dependents of Broadcasting Board of Governors personnel stationed in the Commonwealth of the Northern Mariana Islands

This section authorizes the expenditure of funds for the purpose

of providing education allowances for dependents of Broadcasting

Board of Governors personnel employed in the Northern Mariana

Islands.

TITLE IX—PEACE CORPS CHARTER FOR THE 21ST CENTURY

Sec. 901. Short Title

This section designates title IX of the bill as the ‘‘Peace Corps

Charter for the 21st Century Act.’’

Sec. 902. Findings

This section sets forth historical information concerning the

forty-two years of operations of the Peace Corps and its volunteers.

It highlights the importance of Peace Corps independence. It restates the three principal goals of the organization as set forth in

the Peace Corps Act, namely to help people in developing countries

meet basic needs, to promote the understanding of American values

abroad, and to encourage an understanding of other peoples and

cultures by Americans. It expresses support for expanding the

number of volunteers in service provided that such an expansion

does not come at the expense of the quality of the services provided

by Peace Corps volunteers, or at the expense of the support available to the volunteers themselves. It identifies the importance of

the office of strategic planning in coordinating existing volunteer

programs as well as long-term expansion plans. It notes the usefulness that a streamlined National Peace Corps Advisory Council

could be to the Director of the Peace Corps.

Sec. 903. Definitions

This section defines the terms ‘‘appropriate congressional committees,’’ ‘‘Director,’’ ‘‘Peace Corps volunteer,’’ and ‘‘returned Peace

Corps volunteer’’ as they are used in this title.

Sec. 904. Strengthening the Independence of the Peace Corps

This section clarifies existing law with respect to the independence of the Peace Corps including with respect to recruitment of

volunteers.

Sec. 905. Reports and Consultations

This section provides for an annual report to Congress, containing a description of any new initiatives being proposed by the

organization, the cost associated with such initiatives, and a description of in-country security procedures being implemented by

the organization. It also calls for timely congressional consultation

by the Peace Corps Director with respect to any major new initiatives undertaken by the organization which have not been previously described in annual reports to Congress. It also mandates

a one-time report to Congress, within 30 days of enactment of this

Act, describing current student loan forgiveness programs available

23

to volunteers, and a comparison with other government-sponsored

loan forgiveness programs.

Sec. 906. Increasing the Number of Volunteers

This section calls upon the Director to develop a plan for doubling the number of volunteer placements and to report to the Congress the details of that plan not later than thirty days after enactment. It provides for annual reports thereafter until the doubling

of volunteer placements has been achieved.

Sec. 907. Special Volunteer Recruitment and Placement for Countries Whose Governments are Seeking To Foster Greater Understanding Between Their Citizens and the United States

This section mandates that the Director transmit a report to

Congress identifying countries where a greater understanding of

the United States would serve U.S. interests, and its recruitment

and training strategy for equipping volunteers with necessary skills

to meet the special challenges posed by such countries. It authorizes the Director to utilize the experience and insight of returned

volunteers in opening or reopening programs in such countries.

Sec. 908. Global Infectious Disease Initiative

This section requires the Peace Corps to develop a training program for all volunteers in the areas of education, prevention, and

treatment of infectious diseases. The training program is to be developed in cooperation with local, national and international health

experts.

Sec. 909. Peace Corps Advisory Council

This section amends Section 12 of the Peace Corps Act to modify

the nature, structure, and role of the Peace Corps Advisory Council, including membership, use of returned volunteers, meeting

schedule, and appointment and duration of the Council Chair.

Sec. 910. Readjustment Allowances

This section raises the readjustment allowance which volunteers

receive at the end of their service to $275 for each month of service.

Sec. 911. Programs and Projects of Returned Peace Corps Volunteers To Promote the Goals of the Peace Corps

This section authorizes the Corporation for National and Community Service, subject to the availability of appropriations, to

award grants to private non-profit corporations for the purpose of

using the knowledge, experience, and expertise of returned Peace

Corps volunteers to help carry out the third goal of the Peace Corps

Act. It includes a $10 million authorization of appropriations to

carry out the purposes of this section. Grant moneys are to be used

to support programs or proposals submitted by returned Peace

Corps volunteers. Not more than 20 percent of the funding available to the corporation may be used for administrative, overhead,

or salary expenses. In addition, the non-profit corporation(s) will be

required to raise private funds and donations after two years of operation in order to remain eligible for continued grant money under

this section.

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Sec. 912. Authorization of Appropriations

This section authorizes funds through fiscal year 2007 as follows,

$351,000,000 for fiscal year 2005, $443,000,000 for fiscal year 2006,

and $485,000,000 for fiscal year 2007.

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V. DIVISION B—FOREIGN ASSISTANCE AUTHORIZATION

ACT, FISCAL YEAR 2005

(A) SUMMARY OF FUNDS

FY 2004

Regular

FY 2004

Estimate FY 2005

Request

Committee

Mark

(Supp) Total

Child Survival & Health

Programs Fund (CSH)

1,824 1,824 1,420 1,620

Development Assistance

(DA)

1,377 1,377 1,329 1,346

International Disaster and

Famine Assistance

254 (220) 474 386 386

Transition Initiatives 55 55 63 63

Development Credit

Authority (DCA)

8 888

USAID Operating Expenses

(OE)

601 (40) 641 623 623

USAID Capital Investment

Fund

81 (17) 98 65 65

USAID Inspector General

Operating Expenses (IG)

35 35 35 36

Economic Support Fund

(ESF)

2,138 (1125) 3,263 2,520 2,520

Assistance for Eastern

Europe and the Baltic

States (SEED)

442 442 410 415

Assistance for the Independent States of the

Former Soviet Union

(FSA)

584 584 550 575

Inter-American Foundation 16 16 15 15

African Development

Foundation

19 19 17 17

Millenium Challenge

Corporation

994 994 2,500 2000

International Narcotics

Control and Law

Enforcement (INCLE)

240 (220) 460 1,090 1,090

Andean Counterdrug

Initiative (ACI) 1

727 727 731 731

Nonproliferation, AntiTerrorism, Demining

(NADR)

351 (45) 396 415 485

Treasury Technical

Assistance

19 19 18 18

International Military

Education & Training

(IMET)

91 91 90 90

Foreign Military Financing

(FMF)

4,269 (364) 4,633 4,958 4,958

Peacekeeping Operations

(PKO)

74 (50) 124 104 104

International Organizations

& Programs (IO&P)

320 320 304 304

1The Andean Counterdrug Initiative (ACI) account is a subset of the International Narcotics

Control and Law Enforcement (INCLE) account.

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 $1,346,000,000 for

Development Assistance programs in Fiscal Year 2005, including

programs in the agriculture, education, and environment sectors,

as well as the Development Fund for Africa. This reflects a $17

million increase over the President’s request. Although there are

various separate accounts in the Foreign Assistance Act authorizing Development Assistance, funding for those accounts has been

consolidated into this single account and appropriated in this manner in recent years.

Sec. 2102. Child Survival and Health Programs Fund

This section authorizes the appropriation of $1,620,000,000 for

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

2005. This account provides funding for a variety of accounts that

are separately authorized in the Foreign Assistance Act but have

been appropriated out of this single account in recent years. The

committee expects $21 million to be used to respond to the needs

of women and children affected by humanitarian emergencies, including protection from sexual exploitation and gender-based violence. The committee mark reflects an increase of $200 million over

the President’s request, which, when combined with funds requested by the President for other accounts to address HIV/AIDS,

will result in a total fiscal year 2005 authorization of $3 billion to

address that pandemic.

Sec. 2103. Development Credit Authority

This section amends the Foreign Assistance Act to provide the

President authority to provide assistance in the form of loans and

partial loan guarantees to private lenders in developing countries

to achieve economic development purposes. Authority for this program has been included in appropriations acts over the past several years. This section also provides that not more than $21 million of funds available for the purposes of economic assistance

under the Foreign Assistance Act and for assistance under the Support for Eastern European Democracy Act in Fiscal Year 2005 may

be transferred for use under this section. It further authorizes the

appropriation for administrative expenses to carry out this section

for Fiscal Year 2005.

This section contains provisions designed to limit the financial

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

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

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

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

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

consistent with current law. The former limitation is derived from

a USAID regulation now in place for this program, which limits

27

U.S. Government’s share of the risk to 50 percent, unless the Chief

Financial Officer of the Agency approves a higher level of risk.

Sec. 2104. Program to Provide Technical Assistance to Foreign Governments and Foreign Central Banks of Developing or Transitional Countries

This section authorizes the appropriation of $17,500,000 for fiscal

year 2005 for the Department of the Treasury’s program to provide

technical assistance to foreign governments and foreign central

banks in developing or transitional countries.

Sec. 2105. International Organizations and Programs

This section authorizes the appropriation of $304,450,000 for fiscal year 2005 for voluntary contributions to international organizations and programs.

Sec. 2106. Continued Availability of Certain Funds Withheld From

International Organizations

This section amends Section 307 of the Foreign Assistance Act to

add a new subsection. Under that section, certain U.S. contributions to international organizations are withheld; these are the proportionate U.S. share of programs in certain countries. Section

2106 extends the availability of such funds until the end of the following fiscal year for which such funds were appropriated.

Sec. 2107. International Disaster and Famine Assistance

This section authorizes the appropriation of $385,500,000 for fiscal year 2005 for international disaster assistance.

Sec. 2108. Transition Initiatives

This section authorizes the appropriation of $62,800,000 for fiscal

year 2005 for the Transition Initiatives Program administered by

USAID, including assistance to develop, strengthen and preserve

democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict. Although this

program has not been specifically authorized in the Foreign Assistance Act, funds have been appropriated for this activity since 1994

when USAID established the Office of Transition Initiatives.

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

The administration requested $550 million for programs in the

Freedom Support Act (FSA) account for the Independent States of

the former Soviet Union for Fiscal Year 2005. This request is $34

million below the Fiscal Year 2004 level for this account and substantially lower than the FY03 request. The committee recommends a $25 million increase for the Independent States account, to total $575 million.

The committee believes that the administration’s proposed cuts

in funding assistance under the FSA are too steep and, if implemented, could seriously harm U.S. interests in stability, democracy

and market reform in the Independent States. The additional funding authorized is primarily intended to increase resources available

for programs to support democratic development—including civil

28

society, independent media, rule of law and free and fair elections—and market reform in the former Soviet states. The committee particularly supports using additional funds to bolster counternarcotics programs underway in Central Asia, which are critical

to maintaining stability in that region bordering Afghanistan. The committee notes that, in addition to requesting a $34 million

reduction to the FY04 appropriated levels, the administration is

also proposing, for the first time, to fund the bulk of Organization

for Security and Cooperation in Europe (OSCE) peacekeeping costs

out of this account. This represents a new $10 million commitment

of FSA funds. The committee notes that the administration’s justification states that funds under this account will be expended for

the costs of conducting non-peacekeeping related OSCE activities.

Because the administration has not provided justification as to the

types of OSCE activities that will be funded from this account, the

committee expects that any funds to be expended for such activities

will be notified in accordance with the regular notification procedures.

The committee urges the administration to ensure that funding

for Educational and Cultural Exchanges (ECE) Account programs

in the FSA countries is maintained at a robust level.

Since the enactment of the FSA, funds have been provided to

support non-governmental organizations that focus on environmental issues. The environmental impact from the weapons of

mass destruction and their means of delivery created by the former

Soviet Union continues to be a major problem. As the State Department works toward phasing out a number of developmental programs in the former Soviet states, the committee believes that environmental programs should continue to be part of overall U.S. assistance to the region; such assistance should emphasize the importance of environmental organizations in building civil society.

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

The administration requested $410 million for the Support for

Eastern Europe Democracies (SEED) account for Fiscal Year 2004.

This request is $32 million below the appropriated level for Fiscal

Year 2004 and substantially lower than previous years. The committee recommends an increase of $5 million for the SEED account,

because the committee believes this account funds programs that

are critical to sustaining Southeast Europe’s transition to democracy, market economies, and regional stability.

Funding under this heading will help to ensure that progress will

continue in this vitally important region, which is still recovering

from three Balkan wars in the 1990s, and keep these countries

moving on the right track toward Euro-Atlantic integration. The

additional funding is primarily intended to increase resources

available for law enforcement programs that combat organized

crime in the Balkans, and to speed up the stabilization process in

the countries of the former Yugoslavia and Albania. The additional

funding would also be used to assist with market reform programs

in European Union (EU) candidate countries, namely Bulgaria and

Romania, to maximize their potential for successful and timely

entry into the EU, and to assist them in addressing the challenges

of organized crime and corruption.

29

The committee notes that, in addition to requesting a $30 million

reduction to the FY04 appropriated levels, the administration is

also proposing, for the first time, to fund the costs for the Organization for Security and Cooperation in Europe (OSCE) field missions from the SEED account. This represents a new $25 million

commitment from SEED funds. The committee notes that the administration’s justification states that funds under this account will

be expended for the costs of conducting non-peacekeeping related

OSCE activities. Because the administration has not provided justification as to the types of OSCE activities that will be funded

from this account, the committee expects that any funds to be expended for such activities will be notified in accordance with the

regular notification procedures.

The committee urges the administration to ensure that funding

for Educational and Cultural Exchanges (ECE) Account programs

in the SEED countries is maintained at a robust level.

Sec. 2111. Operating Expenses of the United States Agency for

International Development

This section authorizes the appropriation of $623,400,000 for fiscal year 2005 for the operating expenses of the United States Agency for International Development. In addition, $36,400,000 is authorized to be appropriated for costs of the Office of Inspector General of the Agency.

Sec. 2112. Capital Investment Funds for USAID

This section authorizes the appropriation of $64,800,000 for Fiscal Year 2005 for overseas construction and related costs and for

enhancement of information technology and related investments at

the U.S. Agency for International Development.

Sec. 2113. Millennium Challenge Assistance

This section authorizes the appropriation of $2,000,000,000 for

the Millennium Challenge Account for Fiscal Year 2005.

Sec. 2114. Contributions to Heavily Indebted Poor Countries (HIPC)

Trust Fund

The international community’s approach to treating the debt of

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

broader, and faster debt reduction for the poorest heavily indebted

countries committed to economic reform and poverty reduction. The

HIPC Trust Fund allows regional development banks and other

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

While the committee authorized the administration’s request of

$75 million to complete the U.S. pledge of $150 million in additional contributions to the HIPC Trust Fund, it remains under the

current formula, and under reforms recommended by recent legislation, HIPC resources will not be sufficient to achieve the goals of

the program.

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Sec. 2115. Bilateral Debt Relief for Democratic Republic of Congo

under Heavily Indebted Poor Country Initiative

This section authorizes the administration’s Fiscal Year 2005 request for $105 million to cover a portion of the cost of 100 percent

bilateral debt reduction for the Democratic Republic of the Congo

under the enhanced HIPC initiative. The United States is lagging

behind on bilateral debt reduction for the Democratic Republic of

the Congo (DRC). In July 2003, the DRC reached its enhanced

HIPC Decision Point, based on its demonstrated commitment to

economic reform and poverty reduction. The $105 million authorized for FY05 will permit the United States to begin the process

of 100 percent forgiveness on payments. Because the United States

is the largest bilateral creditor of the DRC, other creditors are expecting U.S. participation in HIPC debt reduction for the DRC as

soon as possible. U.S. participation will leverage a total of roughly

$10 billion in debt reduction for the DRC from all creditors.

Sec. 2116. Tropical Forest Conservation

This section authorizes the administration’s $20 million request

for debt relief under the Tropical Forest Conservation Act (TFCA)

which was enacted in 1998 to offer eligible developing countries options to relieve certain official debt owed to the U.S. while at the

same time generating funds to support local tropical forest conservation activities. A TFCA agreement can be structured as a debt

reduction, a debt buyback, or a debt-for-nature swap. Local currency funds generated by a TFCA agreement may be used for a

broad variety of in-country forest conservation activities, including

forest restoration, implementation of sound natural resource management systems, establishment and maintenance of parks and

protected areas, training in conservation management, protection

of animal and plant species, research on medicinal uses of tropical

forest plants, and development and support of the livelihoods of

people and local communities in or near a tropical forest. The committee intends to reauthorize and revise the TFCA this year.

SUBTITLE B—COUNTERNARCOTICS, SECURITY ASSISTANCE, AND

RELATED PROGRAMS AUTHORIZATIONS

Sec. 2121. International Narcotics Control and Law Enforcement

Subsection (a) of this section authorizes the appropriation of

$1,089,820,000 for fiscal year 2005 for international narcotics control and law enforcement assistance, of which $731,000,000 is authorized to be appropriated for the Andean Counterdrug Initiative.

Subsection (b) restates current law by permitting funds under

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

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

welfare in emergency circumstances. The provision maintains the

current ceiling of 400 each on the numbers of U.S. civilian and

military personnel in Colombia and precludes their participation in

any combat operation in connection with such assistance. It also

continues conditions on assistance with respect to the Government

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of Colombia’s human rights practices which are currently in effect

for fiscal year 2004.

Sec. 2122. Economic Support Fund

This section authorizes the appropriation of $2,520,000,000 for

fiscal year 2005 for Economic Support Fund (ESF) programs. The

committee supports the full request level for this account to provide

assistance to allies and countries in transition to democracy and to

finance economic development and political reform programs.

ESF is also provided to support the Middle East peace process,

including the administration’s efforts to make progress under the

Road Map. The committee strongly supports the Middle East Partnership Initiative (MEPI). It notes that foreign assistance to countries of the Middle East for the same purposes, i.e., political reform,

economic reform, educational reform and women’s empowerment,

should be considered part of a coordinated, coherent, integrated

strategy to meet U.S. foreign policy objectives. The committee urges

the administration to coordinate related assistance programs under

this Act with the MEPI framework to prevent duplication and ensure effective use of assistance resources.

In subsection (b), the committee has amended the Security Assistance Act of 2000 to authorize ESF assistance to continue strong

support for Israel’s economic and political stability and to redress

the economic impact of Israel’s isolation in the volatile Middle East

region. The committee recognizes that the administration continues

to phase out U.S. economic assistance to Israel and encourages

Israel’s efforts to increase the role of the private sector, promote

productive investment, reform taxes and promote more efficient use

of resources. This assistance contributes to Israel’s economic

growth, enhances Israel’s ability to repay its debt to the United

States and opens new investment opportunities for U.S. investment

and exports.

The committee has amended the Security Assistance Act of 2000

to authorize ESF assistance to continue strong support for stability

and prosperity in Egypt. The committee recognizes Egypt is a key

partner in the region and elements of this assistance may be integrated into the Middle East Partnership Initiative. ESF will help

reinvigorate economic development and foster economic, political

and social reforms, alleviate poverty, and support development of

civil society and democratic institutions and bolster public health

services.

The committee notes that Sections 513(d) and 514(d) of the Security Assistance Act of 2000 (P.L. 106–280) provides that the computation of amounts available for a fiscal year for ESF shall not

take into account an amount rescinded by an Act for a fiscal year.

The committee is aware that in recent years, the U.S. Agency for

International Development has provided modest amounts to the

International Research & Exchanges Board to support the ‘‘Media

Sustainability Index’’ (MSI), a report measuring the state of independent media in Central Europe and Eurasia. The promotion of

independent media is an important objective of U.S. democracy-promotion activities. Such assessments are important to helping the

United States set priorities for assistance to independent media.

32

The committee urges AID to continue to support the MSI and to

expand it to other regions.

Sec. 2123. International Military Education and Training

This section authorizes the appropriation of $89,730,000 for fiscal

year 2005 for International Military Education and Training programs, as requested by the administration.

Sec. 2124. Peacekeeping Operations

This section authorizes the appropriation for fiscal year 2005 of

$104,000,000 for voluntary Peacekeeping Operations programs.

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

Assistance

This section authorizes $485,200,000 for fiscal year 2005 for the

NADR account, which reflects an increase of $70 million over the

President’s request.

Sec. 2126. Foreign Military Financing Program

Subsection (a) of this section authorizes the appropriation of

$4,957,500,000 for fiscal year 2005 for Foreign Military Financing

programs, as requested by the administration.

Subsection (b) amends the Security Assistance Act of 2000 to authorize the appropriation for fiscal year 2005 of FMF assistance for

Israel, to require rapid disbursement of that assistance, and to increase the level of offshore procurement allowable with FMF funds

made available in fiscal year 2005 for Israel.

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

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

The committee notes that Sections 513(d) and 514(d) of the Security Assistance Act of 2000 (P.L. 106–280) provides that the computation of amounts available for a fiscal year for FMF shall not

take into account an amount rescinded by an Act for a fiscal year.

SUBTITLE C—INDEPENDENT AGENCIES AUTHORIZATIONS

Sec. 2131. Inter-American Foundation

This section authorizes the appropriation of $15,185,000 for fiscal

year 2005 for the Inter-American Foundation. This is identical to

the President’s request.

Sec. 2132. African Development Foundation

This section authorizes the appropriation of $17,000,000, as requested, for fiscal year 2005 for the African Development Foundation.

33

TITLE XXII—AMENDMENTS TO GENERAL FOREIGN

ASSISTANCE AUTHORITIES

SUBTITLE A—FOREIGN ASSISTANCE ACT AMENDMENTS AND RELATED

PROVISIONS

Sec. 2201. Development Policy

This section amends the Foreign Assistance Act’s Statement of

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

Sec. 2202. Assistance for Nongovernmental Organizations

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

in annual foreign assistance appropriations and which is similar to

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

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

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

that is provided through non-governmental organizations using

funds provided for development assistance, assistance for Eastern

Europe and the former Soviet Union, and Economic Support Fund

assistance.

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

this authority.

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

used to furnish assistance through non-governmental organizations

to the central government of a country. Although prohibitions on

assistance to the government of a country normally would apply to

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

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

to levels of government below the national level.

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

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

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

immunization program. However, decisions on how to implement

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

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

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

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

Sec. 2203. Authority for Use of Funds for Unanticipated Contingencies

This section amends section 451 of the Foreign Assistance Act to

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

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

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

$50 million.

Sec. 2204. Authority to Accept Lethal Excess Property

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

to permit the Secretary of State to receive lethal excess property

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

has been contained in prior appropriations acts. Currently, this authority is limited to non-lethal excess property. This section also requires the Secretary to notify the Congress before obligating funds

to obtain excess lethal property under this section.

Sec. 2205. Reconstruction and Famine Assistance Under International Disaster Assistance Authority

This section amends section 491 of the Foreign Assistance Act to

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

and may be used to provide for reconstruction of countries affected

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

Sec. 2206. Funding Authorities for Assistance for the Independent

States of the Former Soviet Union

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

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

program for the independent states of the former Soviet Union

have continued these authorities.

Sec. 2207. Waiver of Net Proceeds Resulting From Disposal of

United States Defense Articles Provided to a Foreign Country

on a Grant Basis

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

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

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

the United States. Existing law limits the waiver authority to

items delivered before 1985.

Sec. 2208. Transfer of Certain Obsolete or Surplus Defense Articles

in the War Reserve Stockpiles for Allies to Israel

This section provides the President authority to transfer certain

obsolete or surplus defense items to Israel, in exchange for concessions of equivalent value to be negotiated by the Secretary of Defense with the concurrence of the Secretary of State. This section

requires advance congressional notification before any such transfer is made.

Sec. 2209. Additions to United States War Reserve Stockpiles in

Israel for Fiscal Years 2004 and 2005

This section extends through fiscal year 2005 the President’s authority to transfer excess items to the Department of Defense War

Reserve Stockpile in Israel.

35

Sec. 2210. Restrictions on Economic Support Funds for Lebanon

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

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

The committee specifically notes that, given scarce water resources

and critical water management issues in the region, water projects

in southern Lebanon can help defuse Lebanese-Israeli tensions in

the region.

Sec. 2211. Administration of Justice

This section amends section 534 of the Foreign Assistance Act to

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

this section conform the administration of Justice authority to that

provided in appropriations acts for many years.

Sec. 2212. Demining Programs

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

to make it clear that, in accordance with previous interpretations

of the Peacekeeping program’s statutory authorities, the program

may include demining activities.

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

State and USAID to dispose of demining equipment on a grant

basis in foreign countries.

Subsection (c) highlights the committee’s concern regarding the

continuing problems posed to children by mines and unexploded

ordnance in Afghanistan and other affected areas. It authorizes

funds to be used to educate children as to the hazards posed by

mines and unexploded ordnance. The committee is particularly

aware of the challenges that demining and ordnance disposal pose

for the nascent national government and ongoing operations in that

country. The committee takes note of a new non-governmental organization, ‘‘No Strings,’’ which is proposing to use theatre and

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

Sec. 2213. Special Waiver Authority

This section amends section 614 of the Foreign Assistance Act by

updating authorities and funding limitations in that section.

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

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

ability to authorize assistance, sales, or other action (for example,

export licenses) under the authority of the Foreign Assistance Act,

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

of law cited in subsection (b), as revised by this section. The standards used to allow the provision of both economic and military assistance are the same as current law. The provision also increases

one of the annual country limitations.

36

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

waived. In addition to provisions contained in foreign assistance

authorization and appropriations acts, provisions of law contained

in other legislation that limit the provision of assistance under

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

The requirements for prior consultation with the appropriate

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

in section 614 remain unchanged.

Sec. 2214. Prohibition of Assistance for Countries in Default

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

to make two changes. First, it makes the restriction applicable only

to aid to governments. Second, it amends the period of default

(from 6 months to 12 months) that results in a cutoff of assistance

under the Foreign Assistance Act.

Sec. 2215. Military Coups

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

country is deposed by decree or military coup. Similar restrictions

have been included in appropriations acts since 1986. Exempted

from this restriction is assistance to promote democratic elections,

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

interest of the United States.

Sec. 2216. Designation of Position for Which Appointee is Nominated

This section requires the President to designate the particular

position within the Agency for International Development for which

any individual is being nominated.

Sec. 2217. Exceptions to Requirement for Congressional Notification

of Program Changes

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

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

provides an exception to prior notification in the case of substantial

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

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

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

number of years in appropriations acts.

Sec. 2218. Commitments for Expenditures of Funds

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

to allow contracts or agreements which entail the commitment or

expenditure of funds made available under the Foreign Assistance

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

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

37

Sec. 2219. Alternative Dispute Resolution

The amendment to section 635(i) of the Foreign Assistance Act

expands the current arbitration and claims settlement authority for

investment guarantee operations to also cover claims arising from

other activities carried out under the Act, which could include

claims under contracts, grants, cooperative agreements, credit

agreements, personal services contracts, and other arrangements

and agreements. It also adds a specific authority for alternative

dispute resolution.

Sec. 2220. Administrative Authorities

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

Section 636(a)(3) is amended to permit the hiring of personal

services contractors for work in the United States. The authority

already exists under the Act for hiring such contractors abroad.

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

most of which are not possible to administer across agencies using

this authority.

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

leases, thereby providing the ability to obtain the most favorable

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

the acquisition or construction of living and office space overseas

for U.S. Government personnel. Section 636(d) is amended to strike the $2.5 million limitation on

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

Sec. 2221. Assistance for Law Enforcement Forces

This section amends section 660 of the Foreign Assistance Act of

1961.

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

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

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

level.

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

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

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

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

related to assistance to combat trafficking in persons.

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

the authority to waive the limitations of this section on a case-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.

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Sec. 2222. Special Debt Relief for the Poorest Countries

This section amends the Foreign Assistance Act by adding a new

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

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

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

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

Sec. 2223. Congo Basin Forest Partnership

This section contains findings and expresses the Sense of the

Congress in support of the Congo Forest Basin Partnership, the

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

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

the social, economic and environmental health of Congo Basin

countries, and because of the impressive structure of cooperation

between governments, NGOs and the private sector operating in

the region. It further identifies the Congo Basin Forest Partnership

as an initiative that fully recognizes the integral and equal nature

of economic development, social development and environmental

protection in the quest for sustainable development.

Funds recommended for use in this section were requested by the

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

resources while also addressing other challenging development

issues in the region. The committee expresses support for economic

and conservation opportunities including improvement of forest

management and sustainable forest-based livelihoods development

such as employment through ecotourism, wildlife law enforcement,

reduced impact logging and park management. The committee specifically identifies as targets those activities that are unsustainable

and destabilizing to the region, such as illegal logging and illegal

trade in wildlife.

Sec. 2224. Landmine Clearance Programs

This section provides the Secretary of State authority to support

public-private partnerships for landmine clearance programs

through grant or cooperative agreement.

The committee commends the State Department’s Political-Military bureau for its attention to this global problem through the Bureau’s Office of Mine Action Initiatives.

Sec. 2225. Middle East Foundation

The committee strongly supports the Middle East Partnership

Initiative announced by the Secretary of State in December 2002.

The committee seeks to contribute to efforts to bring democratic

and economic reforms to the Middle East region and has authorized the Secretary of State to designate an appropriate private,

non-profit organization as the Middle East Foundation and to provide funding to the Foundation through the Middle East PartnerVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00038 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
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ship Initiative. The committee recommends an initial funding level

of an estimated $15 million for that purpose in Fiscal Year 2005.

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

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

other democratic development in the Middle East through grants,

technical assistance, training and other measures. The committee

favors the Foundation supporting democracy-related activities in

countries with struggling movements for reform and democracy.

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

education in the Middle East to create a Center for Public Policy

to permit scholars and professionals from the Middle East and

other countries, including the United States, to carry out research,

training programs and other activities to inform public policy making in the Middle East and promote broad economic, social and political reforms. The committee considers such activities are entirely

consistent with the Arab Human Development Report. The committee notes this section also provides for reporting, financial accountability and oversight measures of such a Foundation.

The committee expects to work closely with the Department of

State as such a Foundation establishes operations. The committee

recognizes the positive role played by the Asia Foundation and

Eurasia Foundation in supporting civil society development in their

respective regions of operations and hopes that the Middle East

Foundation can play a similar role in the Middle East.

The committee further expects that, prior to providing any funding to the Foundation, the administration will ensure that the

Foundation has in place a system for vetting potential grantees to

reduce the risk of funding activities that are contrary to the national interests of the United States. This section also provides for

reporting, financial accountability and oversight measures of such

a Foundation.

Sec. 2226. Database of United States Military Assistance

The Foreign Relations Authorization Act, Fiscal Years 2000 and

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

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

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

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

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

countries and different munitions categories.

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

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

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

academia, non-governmental organizations, the defense industry,

and the Congress could access immediately cumulative data, crossVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00039 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
40

referenced among several categories. The committee does not view

the creation of a database as a burden on the Department. Because

the Department already organizes the data in the Section 655 report through electronic processing, a database would only require

the importation of existing data.

Sec. 2227. Millennium Challenge Assistance for Certain Countries

This section extends through 2005 a provision of the Millennium

Challenge Account (MCA) legislation authorizing up to 10 percent

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

requirements for eligibility, including by reason of the absence or

unreliability of data. The committee believes that this assistance

should be provided only in cases where countries are close to meeting MCA requirements and should be administered in such a way

as to provide incentives for poor countries to promote just and

democratic governance, economic freedom, and investments in

human capital. The committee urges the Millennium Challenge

Corporation to make full use of this provision.

SUBTITLE B—ARMS EXPORT CONTROL ACT AMENDMENTS AND

RELATED PROVISIONS

Sec. 2231. Thresholds for Advance Notice to Congress of Sales or

Upgrades of Defense Articles, Design and Constructions Services, and Major Defense Equipment

This section raises the minimum dollar thresholds at which sales

of certain defense articles, design and construction services, and

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

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

This section raises the level of notification thresholds from $14

million to $50 million for major defense equipment, from $50 million to $100 million for defense articles and defense services, and

from $200 million to $350 million for design and construction.

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

President determines it is appropriate.’’ The committee understands that the executive branch is prepared to provide the committee informal notice of planned arms transfers above existing

dollar thresholds (but below the new thresholds under this section)

and to submit formal notification under Section 36 of the Arms Export Control Act for certain transfers if requested by the chairman

or ranking member. The committee expects that an exchange of letters will be used to specify the State Department’s commitment in

this regard before this section is enacted.

Sec. 2232. Clarification of Requirement for Advance Notice to Congress of Comprehensive Export Authorizations

This section requires the President to make certifications to the

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

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

of defense articles or defense services to an eligible foreign country

or foreign partner.

41

Sec. 2233. Exception to Bilateral Agreement Requirements for

Transfers of Defense Items

This section amends Section 38(j) of the Arms Export Control Act

to allow for the bilateral licensing exemption agreements with the

governments of the United Kingdom and Australia. The section

also contains reporting requirements concerning these agreements,

mandates a Presidential certification concerning them, and creates

a special report on unauthorized end use or diversion of U.S. defense articles or services exempt from U.S. licensing requirements

under the agreements. The committee supports these particular

agreements provided adequate controls are ensured and Congress

is kept informed regarding them.

Sec. 2234. Authority to Provide Cataloging Data and Services to

Non-NATO Countries

This section authorizes the President to provide cataloging data

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

NATO and to NATO-member governments.

Sec. 2235. Freedom Support Act Permanent Waiver Authority

This section provides a permanent annual waiver authority with

respect to the requirements of Section 502 of the Freedom Support

Act (P.L. 102–511). Section 1306 of the National Defense Authorization Act for Fiscal Year 2003 (P.L. 107–314) provided authorization for an annual waiver only for fiscal years 2003 through 2005.

This permanent authority to exercise a waiver would ensure continuity for program planning purposes.

Sec. 2236. Extension of Pakistan Waivers

This section extends the authority contained in previous legislation (P.L. 107–57) to make inapplicable through fiscal year 2005

foreign assistance restrictions relating to coups and loan defaults

with respect to Pakistan.

Sec. 2237. Consolidation of Reports on Non-Proliferation in South

Asia

This section requires that the annual report on nonproliferation

in South Asia to be submitted by April 1, 2005, pursuant to Section

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

of the efforts of the United States Government to achieve objectives

on nuclear and missile nonproliferation in the region, as described

in Section 1601 of the Foreign Relations Authorization Act for Fiscal Year 2003, the progress made toward achieving such objectives,

and the likelihood that such objectives will be achieved by September 30, 2004. This avoids the need for a separate report on

those efforts, which was required in 2003.

Sec. 2238. Haitian Coast Guard

This section grants eligibility to the Government of Haiti for the

purchase of defense articles and services for the Haitian Coast

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

42

Sec. 2239. Marketing Information for Commercial Communication

Satellites

This section provides that under Section 38 of the Arms Export

Control Act a license is not required for sharing marketing data for

the purposes of a potential sale of a commercial communications

satellite to a NATO-member country, Australia, New Zealand and

Japan. Under the definition of marketing data contained in the section, an export license would still be required for sensitive

encryption and source code data, detailed design data, engineering

analysis, or manufacturing know-how. The section further provides

that nothing in this section exempts commercial communications

satellites from any of the other licensing requirements under the

Arms Export Control Act.

Sec. 2240. Transfer of Certain Naval Vessels

This section authorizes the President to transfer certain vessels

to the Government of Bahrain and the Government of Portugal on

a grant basis under Section 516 of the Foreign Assistance Act of

1961. In addition, it authorizes the President to transfer a vessel

to the Government of Chile on a sales basis under Section 21 of the

Arms Export Control Act.

Sec. 2241. Man-portable Air Defense Systems Threat Reduction

This section authorizes $10 million to enhance State Department

initiatives under the Non-Proliferation, Anti-Terrorism, Demining,

and Related Programs account to reduce the threat posed by ManPortable Air Defense Systems (MANPADS). The committee is concerned about the threat posed to commercial and military aircraft

by terrorists possessing these weapons. These systems are widely

available, relatively inexpensive, and easy to use, and are known

to be in the hands of terrorist groups throughout the world.

In addition to commending efforts by the G8 Group of Nations

and the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies to reduce the

threat from MANPADS, this provision urges the President to instruct the United States Representative to the United Nations to

pursue a United Nations Security Council Resolution to ban the

transfer and sale of MANPADS to non-state entities (including terrorist groups or individual terrorists). The Secretary of State is required to issue a report on the progress in obtaining the U.N. Security Council resolution and on U.S. efforts to reduce the threat of

MANPADS within 180 days of enactment of this Act and each year

thereafter.

TITLE XXIII—RADIOLOGICAL TERRORISM SECURITY

The committee is concerned that orphaned, unused, surplus, or

other radioactive sources pose a major proliferation risk, and that

the use of such materials by terrorists in a radiological dispersion

attack could lead to catastrophic economic and social damage. The

committee finds that the security of these materials should be a

priority in United States nonproliferation efforts, and that international cooperation will be critical to guarantee the success of

43

these efforts. The committee is pleased to note significant progress

in these areas in the past year.

At a hearing held March 6, 2002, the committee received testimony regarding the terrorist nuclear threat from: Dr. Richard A.

Meserve, then-Chairman of the Nuclear Regulatory Commission;

Dr. Donald D. Cobb, Associate Laboratory Director for Threat Reduction at the Los Alamos National Laboratory; Dr. Harry C.

Vantine, Division Leader for Counterterrorism and Incident Response at the Lawrence Livermore National Laboratory; Dr. Steven

E. Koonin, Provost of the California Institute of Technology and

Chairman of the JASON group of scientific advisers to the Department of Defense; and Dr. Henry C. Kelly, President of the Federation of American Scientists. The witnesses warned that there was

a real possibility that terrorists could obtain radioactive material

and then disperse it with the intent to cause harm. Although few

people, if any, would die from a radiological attack, it could force

the evacuation and destruction of large numbers of buildings in

order to comply with Federal decontamination regulations.

The committee is concerned with the threat posed to U.S. missions abroad by terrorist radiological attacks. The Secretary is

therefore required to submit a report within 180 days after the enactment of this title (and on an annual basis thereafter) detailing

the preparations made at U.S. diplomatic missions abroad to detect

and mitigate such an attack, listing improvements for radiological

safety and consequence management at those missions, and providing a rank-ordered list of the missions where such improvements are the most critical. As part of this report the Secretary is

required to submit a budget request to carry out these improvements. Furthermore, this title provides authority to the Secretary

of State to develop, through U.S. contributions to and in coordination with the IAEA, foreign first-responder plans and training to

implement them.

TITLE XXIV—GLOBAL PATHOGEN SURVEILLANCE

In January 2001, the National Intelligence Council released a

National Intelligence Estimate entitled, The Biological Warfare

Threat. The report not only points to the growing biological warfare

capabilities of state and non-state actors but, more importantly,

highlights the similar patterns and symptoms of a deliberately initiated disease outbreak and a naturally occurring outbreak. Once

an outbreak is detected and begins to spread, it is very difficult to

distinguish between a deliberate versus a natural disease outbreak.

Furthermore, both are potentially devastating to human, animal,

and plant life, as well as economically costly. Epidemiologists and

public health experts rely on similar tools to help prevent, detect,

and contain both intentional and naturally occurring disease outbreaks.

The committee believes that the threat of bioterrorism poses significant challenges not only for the United States, but for the entire

world. It is difficult to protect our nation’s health alone in an age

of unprecedented air travel and international trade, as infectious

pathogens are transported across borders each day. The global outbreak in 2003 of severe acute respiratory syndrome, or SARS, is an

unfortunate reminder of this vulnerability.

44

Infectious disease outbreaks are transnational threats and the

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

component. Whether intentional or natural, infectious diseases do

not recognize the boundaries set by national borders.

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

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

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

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

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

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

Zelicoff, Senior Scientist at Sandia National Laboratories, testified

on the role of syndromic surveillance in bioterrorism prevention.

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

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

a weak medical infrastructure combine to offer ideal breeding

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

terrorist groups, where there is documented interest in biological

agents.

The committee has sought to identify and enhance the capability

of the international community to detect, identify, and contain infectious disease outbreaks, whether the cause of those outbreaks is

intentional or natural in origin. The primary authority for implementation of the bill’s provisions is vested in the Department of

State, but the committee expects that the Department of Health

and Human Services will also play a critical role, including consultation to the greatest extent possible.

Sec. 2404. Priority for Certain Countries

Section 2404 requires that priority in allocating assistance under

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

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

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

international health organizations.

Sec. 2405. Restriction

Section 2405 restricts access that foreign nationals participating

in programs authorized under this Act may gain to select agents

that may be used as, or in, a biological weapon, except in a supervised and controlled setting. The committee does not believe that

such a restriction will constrain foreign nationals from fully participating in various training and educational programs under this

Act.

45

Sec. 2406. Fellowship Program

Section 2406 authorizes the Secretary of State to award fellowships to eligible nationals of developing countries to pursue a master of public health degree or advanced public health training in

epidemiology. The committee believes that carefully chosen programs of this sort should be encouraged as they not only impart

technical skills utilizing state-of-the-art technology, but also help

cultivate the management and organizational skills of future leaders for developing country public health programs. The Secretary

of State shall require the recipient to enter into an agreement

under which the recipient, upon completing said education or training, will return to the recipient’s country of nationality or last habitual residence (so long as it is an eligible developing country) and

complete at least four years of employment in a public health position in the government or a nongovernmental, not-for-profit entity

in that country. If the recipient is unable to meet these requirements, the recipient will be required to reimburse the U.S. Government for the value of the assistance provided.

Subsection (e) allows for the participation of United States citizens, on a case-by-case basis, if the Secretary determines that it is

in the national interest of the United States to do so. Such participants would be required, upon completion of education or training,

to complete at least five years of employment in a public health position in an eligible developing country or an international health

organization.

Sec. 2407. In-Country Training in Laboratory Techniques and Syndrome Surveillance

Section 2407 supports short-term training courses, outside the

United States, in laboratory techniques for laboratory technicians

and public health officials. Such training courses offer the opportunity for public health personnel to train in their indigenous environment, utilizing the available technology. Subsection 2407(a)

complements the assistance authorized in Section 408 for the purchase and maintenance of public health laboratory equipment. Subsection 407(b) supports training in syndrome surveillance techniques. Syndrome surveillance systems provide the means for early

detection and recognition, limit infection and mortality rates, and

help to more efficiently focus limited public health resources.

Sec. 2408 and Sec. 2409. Assistance for the Purchase and Maintenance of Public Health Laboratory Equipment and Assistance

for Improved Communication of Public Health Information

Sections 2408 and 2409 authorize the President to provide assistance, subject to the availability of appropriations, to eligible developing countries to purchase and maintain: (1) public health laboratory equipment necessary for the collection, analysis, and identification of pathogens which may cause disease outbreaks or be used

as biological weapons; and (2) communications equipment and information technology, along with supporting equipment, necessary

to effectively collect, analyze, and transmit public health information. The equipment should be appropriate for ready use in the intended geographical area and compatible with general standards

established by the WHO and, as appropriate, the CDC to ensure

46

interoperability with regional and international networks. Recipient countries must provide the resources, infrastructure, and other

assets required to house, support, maintain, secure, and maximize

use of this equipment and appropriate technical personnel.

This section further imposes a limitation, in that amounts appropriated to carry out this section shall not be made available for the

purchase from a foreign country of equipment that, if made in the

United States, would be subject to the Arms Export Control Act or

likely be barred or subject to special conditions under the Export

Administration Act of 1979.

The committee favors standardizing the reporting of public

health information between and among developing countries and

international health organizations. Standardized reporting requirements will enable information to be more easily transmitted and

understood. Thus, the President is authorized under subsection (e)

of Section 409 to provide assistance for this purpose.

Sec. 2410. Assignment of Public Health Personnel to United States

Missions and International Organizations

Section 2410 authorizes the heads of executive branch departments and agencies to assign public health personnel to U.S. diplomatic missions and international health organizations when requested. These details, intended to be flexible in nature, should be

for the purpose of enhancing disease and pathogen surveillance efforts in developing countries. The Secretary of State must concur

with any such detail.

Sec. 2411. Expansion of Certain United States Government Laboratories Abroad

Section 2411 authorizes the expansion of the overseas laboratories and other related facilities of the Centers for Disease Control

and Prevention and the Department of Defense, as appropriate, to

further the goals of global pathogen surveillance and monitoring.

This expansion applies to both numbers of personnel and the scope

of operations. Overseas CDC and DOD facilities, working with host

governments, play a crucial role in enhancing the capability of developing countries to monitor disease outbreaks and suspected biological weapons attacks.

Sec. 2412. Assistance for Regional Health Networks and Expansion

of Foreign Epidemiology Training Programs

Section 2412 authorizes the President to provide assistance for

the purposes of enhancing the surveillance and reporting capabilities of the World Health Organization and existing regional networks. The President is also authorized to provide funding for the

development of new regional health networks, as a means of continuing to expand the reach of a global surveillance network. Additionally, subsection (b) authorizes the Secretary of Health and

Human Services to establish new country or regional Foreign Epidemiology Training Programs in eligible developing countries.

Sec. 2413. Authorization of Appropriations

This section authorizes appropriations for carrying out provisions

of this title for Fiscal Year 2005. The committee has made funding

47

available for this title from the funds authorized to be appropriated

to the State Department account for Non-Proliferation, Anti-Terrorism, Demining, and Related Programs (NADR). All amounts authorized to be appropriated by this title are authorized to remain

available until expended. The section authorizes $35 million in

total. Of this amount, $25 million is authorized to carry out Sections 2406, 2407, 2408 and 2409; $500,000 to carry out Section

2410; $2.5 million to carry out Section 2411; and $7 million to carry

out Section 2412.

The committee recognizes that the level of assistance required for

global pathogen surveillance will be modest in comparison to other

foreign assistance efforts. Targeted U.S. assistance can leverage

other international assistance and, more importantly, establish

benchmarks for public health programs in developing countries to

strive for in sustaining and expanding pathogen surveillance efforts. Global surveillance does not command large-scale investments nor does it require high-tech equipment. The committee

hopes that U.S. allies and partners will contribute a proportionate

share in funding these types of efforts to develop a comprehensive

global surveillance network. The absence of authorized funding beyond FY 2005 does not indicate the need for a re-authorization of

these programs.

TITLE XXV—MISCELLANEOUS PROVISIONS

SUBTITLE A—ELIMINATION AND MODIFICATION OF CERTAIN

REPORTING REQUIREMENTS

Sec. 2501. Annual Report on Territorial Integrity

This section repeals an annual report from the 1994 Foreign Operations, Export Financing, and Related Programs Act on steps

taken by the governments of Eurasia concerning violations of the

territorial integrity or national sovereignty of other Eurasian states

‘‘such as those violations included in Principle Six of the Helsinki

Final Act.’’ This report is no longer necessary because the countries

of Eurasia (designated in the 1994 Act as ‘‘New Independent

States’’) have maintained their sovereignty and territorial integrity

for over a decade.

Sec. 2502. Annual Reports on Activities in Colombia

This section permits the Secretary to satisfy the reporting requirements of Section 694 of the Foreign Relations Authorization

Act, Fiscal Year 2003, by consolidating the required information

with the report required by Section 489 of the Foreign Assistance

Act.

Sec. 2503. Annual Report on Foreign Military Training

This amendment changes the date upon which the report is due

to the Congress from January 31 to March 1.

Sec. 2504. Report on Human Rights in Haiti

This section combines reports that derive from subsections 616(c)

(2), (3) and (4) of the Commerce, Justice and State Appropriations

Act Fiscal Year 1999, as amended, concerning the status of the

Government of Haiti’s investigations and prosecution of certain

48

extra judicial and political murders, the list of individuals implicated in those murders, and list of aliens denied visas as a result

of the legislation. The two reports had been submitted on the same

date but in two separate packages, so the timing of the receipt of

this information will not be affected.

SUBTITLE B—OTHER MATTERS

Sec. 2511. Certain Claims for Expropriation by the Government of

Nicaragua

This section authorizes the Secretary of State to exclude from

consideration for the purposes of foreign assistance restrictions related to property expropriation certain U.S. citizen property claims

against the Government of Nicaragua not filed within 120 days of

a deadline to be set by the Secretary of State.

Sec. 2512. Amendments to the Arms Control and Disarmament Act

This section adds the term ‘‘formal commitments’’ to the elements for which the Verification and Compliance Bureau of the Department of State shall provide compliance analysis (arms control,

nonproliferation, and disarmament agreements) under the Arms

Control and Disarmament Act. To facilitate faster submission of

the annual report on objectives and negotiations, it separates that

report from the annual report on compliance, which is required to

be prepared in coordination with the Director of Central Intelligence. This section also allows the annual report on Chemical

Weapons Convention compliance, required by condition 10(C) of the

resolution of advice and consent to U.S. ratification of that Convention, to be incorporated in the annual compliance report required

by Section 403 of the Arms Control and Disarmament Act.

Sec. 2513. Support for Independent Media in Ethiopia

This section recognizes the need for an independent media in

Ethiopia and recommends the provision of necessary sums to

strengthen the capacity of journalists and increase their access to

printing facilities. The committee finds it essential to maintain

principles of democratic participation in all states, regardless of

their level of support in the global war on terrorism.

Sec. 2514. Support for Central African States

This section contains specific findings drawn from the State Department’s Human Rights Report for 2002, and reaffirms U.S. policy supporting efforts aimed at accounting for grave human rights

abuses and crimes against humanity, encouraging reconciliation

and preventing such crimes in the future. It also requires a report

from the Secretary of State within 180 days after enactment on the

actions taken pursuant to the above policy. This section also authorizes that up to $12 million may be made available for fiscal

year 2005 to support justice and reconciliation mechanisms in the

Democratic Republic of the Congo, Rwanda, Burundi, and Uganda.

The committee is deeply disturbed by ongoing reports of gross

human rights abuses in the eastern portion of the Democratic Republic of the Congo, and believes that regional instability will not

be resolved until the climate of impunity for such abuses is

49

changed. The committee considers that the mounting frequency of

reports of atrocities perpetrated by local and proxy militias, and

the politicization and arming of the population, warrant responsive

actions in order to avert further atrocities.

Sec. 2515. Support for Haiti

The committee recognizes the serious humanitarian crisis in

Haiti and urges a robust and immediate response in the current

fiscal year by the United States and the international community.

Accordingly, the committee encourages the administration to provide to Haiti $150,000,000 in assistance to meet the basic needs of

the Haitian people, to provide resources for the purposes of training, overhauling and equipping the Haitian National Police force,

and to provide resources to the international security forces authorized by the United Nations or other appropriate international organizations.

The committee recognizes the need for flexibility in responding to

the crisis and, accordingly, makes clear that such assistance may

be provided from among several accounts authorized in this bill. In

addition, the committee urges the administration to convene an

international donors conference as early as practicable, for the purpose of rallying the international community to provide resources

for this crisis.

Sec. 2516. Africa Contingency Operations Training and Assistance

Program

This section authorizes the Africa Contingency Operations Training and Assistance Program (ACOTA), codifies the criteria for eligible countries, and expresses a sense of the Congress on local consultations prior to ACOTA implementation and monitoring of posttraining performance and conduct of military units trained. It provides that the full amount requested for fiscal year 2005 may be

made available for ACOTA training.

The committee finds that several years of experience with

ACOTA and its predecessor, the Africa Crisis Response Initiative

(ACRI), have confirmed their value.

Sec. 2517. Conditions on the Provision of Certain Funds to Indonesia

This section conditions the release of any funds available for Indonesia in fiscal year 2005 under the Foreign Military Financing

program or the International Military Education and Training program (with the exception of funds under the expanded IMET program) on the receipt of a certification submitted by the President

that the Government of Indonesia and the Indonesian Armed

Forces are taking effective measures to conduct an investigation of

the attack on United States citizens in Indonesia on August 31,

2002 and to criminally prosecute the individuals responsible for the

attack.

Sec. 2518. Assistance to Combat HIV/AIDS in Certain Countries of

the Caribbean Region

This section’s purpose is to include certain nations of the Caribbean Region, where HIV/AIDS prevalence is second only to sub-SaVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00049 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
50

haran Africa, on the list of countries eligible for assistance under

the Emergency Plan for AIDS Relief.

Sec. 2519. Assistance to Combat HIV/AIDS in India

This section makes India eligible for assistance under the Emergency Plan for AIDS Relief. The committee understands that India

is facing a critical moment in its efforts to combat HIV/AIDS, with

over 4.5 million infected and the epidemic spreading from urban

areas to rural areas, and from high-risk groups to the general population. The committee believes that, while India’s political leaders,

public health officials, non-governmental organizations, and medical and scientific communities have taken important steps to combat HIV/AIDS, significant gaps remain that require immediate U.S.

engagement and contribution of resources.

Sec. 2520. Sense of the Congress on Iraq Debt

This section calls attention to the tremendous foreign debt held

by Iraq and the billions in reparations claims pending with the UN

Compensation Commission. The committee considers it is in the

best interests of the United States to work with Iraq, the nations

to which Iraq is in debt, and the international community to negotiate a substantially reduced debt and reparations burden for Iraq.

The President and his personal envoy for these negotiations are to

be commended for progress made to-date and are encouraged to

continue on this most essential effort.

Sec. 2521. Sense of Congress on Rights of Women in Iraq

This section expresses the sense of Congress that the rights of

women in Iraq, including their full participation in government and

society, should be protected following the transfer of sovereignty to

Iraq.

Sec. 2522. Sense of Congress on National Elections in Afghanistan

This section expresses the sense of Congress that adequate security must be present throughout Afghanistan before elections can

occur that are both fair and free. It also recognizes the importance

of women to the future of Afghanistan by expressing the sense of

Congress that the United Nations Assistance Mission to Afghanistan (UNAMA) should increase its efforts to register Afghan

women to vote in order to ensure their full participation in Afghanistan’s scheduled elections. The committee considers the current ‘‘acceleration’’ of U.S. assistance to Afghanistan to be a critical

factor to achieving an environment conducive to free and fair elections.

Sec. 2523. Repeal of Obsolete Assistance Authority

This section repeals various authorities that have been included

in the Foreign Assistance Act over the last twenty years in response to one-time crises to provide for the relief and rehabilitation

of various peoples around the world.

Sec. 2524. Technical Corrections

This section makes technical corrections to several foreign assistance laws.

51

VI. COST ESTIMATE

In accordance with rule XXVI, paragraph 11(a) of the Standing

Rules of the Senate, the committee provides the following estimate

of the cost of this legislation prepared by the Congressional Budget

Office.

UNITED STATES CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, March 18, 2004.

Honorable RICHARD G. LUGAR, Chairman

Committee on Foreign Relations,

United States Senate,

Washington, DC.

DEAR MR. CHAIRMAN:

The Congressional Budget Office has prepared the enclosed cost

estimate for S. 2144, the Foreign Affairs Authorization Act, Fiscal

Year 2005.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Sunita D’Monte.

Sincerely,

DOUGLAS HOLTZ-EAKIN, Director

Enclosure.

S. 2144—FOREIGN AFFAIRS AUTHORIZATION ACT, FISCAL YEAR 2005

SUMMARY

S. 2144 would authorize appropriations of $27.1 billion for the

Department of State, international assistance programs, and related agencies for 2005. It also would authorize appropriations totaling about $0.9 billion for the Peace Corps over the 2006-2007 period. The bill also contains provisions that would raise the cost of

discretionary programs for famine and reconstruction assistance,

debt relief, public diplomacy, exchange programs, personnel, and

other programs over the 2005-2009 period. CBO estimates that

those provisions would require appropriations of $3.3 billion over

those five years. CBO estimates that appropriation of the authorized and estimated amounts would result in additional discretionary spending of about $29.7 billion over the 2005-2009 period.

CBO estimates that S. 2144 would raise direct spending by less than $500,000 a year in 2005 and 2006, by $25 million over the

2007-2009 period, and a total of about $25 million over the 2005-

2014 period, primarily from forgone asset sales receipts under section 2208—which would authorize the transfer of certain U.S. defense articles to Israel (instead of selling such surplus articles). The

bill would also increase governmental receipts (i.e., revenues) by an

insignificant amount each year by creating new criminal penalties

related to law enforcement and protective functions of State Department special agents and guards.

S. 2144 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA)

and would not affect the budgets of state, local, or tribal governments.

52

ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of S. 2144 is shown in Table 1.

The costs of this legislation fall within budget functions 050 (national defense), 150 (international affairs), 300 (natural resources

and environment), 500 (education, training, employment, and social

services), 600 (income security), 750 (administration of justice), and

800 (general government).

The estimated budgetary impact of S. 2144 is shown in Table 1.

The costs of this legislation fall within budget functions 050 (national defense), 150 (international affairs), 300 (natural resources

and environment), 500 (education, training, employment, and social

services), 600 (income security), 750 (administration of justice), and

800 (general government).

TABLE 1. BUDGETARY IMPACT OF S. 2144, THE FOREIGN AFFAIRS AUTHORIZATION ACT, FISCAL

YEAR 2005

(By fiscal year, in millions of dollars)

2004 2005 2006 2007 2008 2009

SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law for State Department, International Assistance Programs, and

Related Agencies:

Estimated Authorization Level 1 2 26,598 2,195 2,545 3,145 3,345 0

Estimated Outlays 24,542 13,275 7,699 5,224 4,205 3,495

Proposed Changes:

Estimated Authorization Level 3 0 27,640 1,259 1,108 700 700

Estimated Outlays 0 12,947 8,521 4,260 2,513 1,476

Spending Under S. 2144 for State Department,

International Assistance Programs, and Related Agencies:

Estimated Authorization Level 2 3 26,598 29,835 3,804 4,253 4,045 700

Estimated Outlays 24,542 26,222 16,220 9,484 6,718 4,971

CHANGES IN DIRECT SPENDING AND REVENUES 4

Estimated Budget Authority 0 (*) (*) 5 10 10

Estimated Outlays 0 (*) (*) 5 10 10

Note: (*) = less than $500,000.

1 The estimated authorization levels over the 2005-2008 period are an estimate of international HIV/AIDS programs authorized by Public Law

108-25, the U.S. Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003. That act authorized the appropriation of $15 billion for

the 2004-2008 period for HIV/AIDS programs, including programs administered by the Department of Health and Human Services. 2 The 2004 level is the amount appropriated for that year.

3 These amounts do not include costs for sections 103(c) and 207 of S. 2144 because CBO cannot estimate the timing or amounts that may be necessary to implement those provisions. 4 CBO estimates that changes in revenues from new criminal penalties would be less than $500,000 in all years.

BASIS OF ESTIMATE

S. 2144 would authorize appropriations for the Department of

State and international broadcasting activities for fiscal year 2005

and would authorize appropriations for the Peace Corps for the

2005-2007 period. It would be the first comprehensive foreign assistance authorization act since the mid-1980s—authorizing funding for most existing assistance programs and also several new

ones. Finally, the bill contains provisions that would increase direct

spending by about $25 million over the next five years.

53

Spending Subject to Appropriation

S. 2144 would authorize appropriations of $27.1 billion in 2005

and $0.9 billion over the 2006-2009 period for the State Department, international assistance programs, the Peace Corps, and related agencies. In addition to those specified authorizations, the bill

also contains provisions that would affect costs for famine and reconstruction assistance, debt relief, public diplomacy, exchange programs, personnel, and other programs. CBO estimates that implementing those provisions would require additional appropriations

of $3.3 billion over the 2005-2009 period. For this estimate, CBO

assumes that the authorized amounts will be appropriated by the

start of each fiscal year and that outlays will follow historical

spending patterns for the affected programs. CBO estimates that

implementing the bill would cost about $29.7 billion over the 2005-

2009 period, assuming appropriation of the necessary amounts (see

Table 2).

Specified Authorizations. S. 2144 would authorize $7.9 billion in

2005 for the State Department for programs related to the administration of foreign affairs and international organizations, and $0.1

billion for other related programs. It would authorize $1.1 billion

for international broadcasting and exchange activities.

The bill would authorize the appropriation of $9.9 billion in 2005

for international development and humanitarian assistance programs, including the Peace Corps, and $8.2 billion for international

security assistance programs.

Title IX of the bill would authorize the appropriation of $1.3 billion over the 2005-2007 period for the Peace Corps. It also would

require the Director of the Peace Corps to develop a plan to increase the number of volunteers in service to twice the number enrolled in 2002 and would increase the readjustment allowance authorized to returning volunteers from $125 for each month of service to $275 for each month of service. CBO estimates that implementing these provisions would cost about $275 million in 2005

and almost $1.3 billion over the 2005-2009 period, assuming the

appropriation of the authorized amounts.

TABLE 2. SPECIFIED AND ESTIMATED AUTHORIZATIONS IN S. 2144

By Fiscal Year, in Millions of Dollars

2005 2006 2007 2008 2009

Specified Authorizations

International Development and Humanitarian

Assistance

Authorization Level 9,897 443 485 0 0

Estimated Outlays 2,580 4,280 2,147 930 354

International Security Assistance

Authorization Level 8,157 0 0 0 0

Estimated Outlays 4,483 1,996 855 424 192

Conduct of Foreign Affairs

Authorization Level 7,938 0 0 0 0

Estimated Outlays 4,970 1,449 532 495 230

Foreign Information and Exchange Activities

Authorization Level 1,064 0 0 0 0

Estimated Outlays 729 270 42 16 4

54

TABLE 2. SPECIFIED AND ESTIMATED AUTHORIZATIONS IN S. 2144—Continued

By Fiscal Year, in Millions of Dollars

2005 2006 2007 2008 2009

Other Programs

Authorization Level 84 0 0 0 0

Estimated Outlays 60 13 9 3 0

Total Specified Authorizations

Authorization Level 27,140 443 485 0 0

Estimated Outlays 12,822 8,008 3,585 1,868 780

Estimated Authorizations 1

Famine and Reconstruction Assistance

Estimated Authorization Level 500 500 500 500 500

Estimated Outlays 125 350 450 495 498

Debt Relief

Estimated Authorization Level 0 195 0 75 75

Estimated Outlays 0 81 114 31 75

Middle East Broadcasting Network

Estimated Authorization Level 052 52 52 52

Estimated Outlays 0 44 51 52 52

Education and Training Programs

Estimated Authorization Level 0 38 39 40 40

Estimated Outlays 0 19 34 37 39

Middle East Foundation

Estimated Authorization Level 0 15 16 16 16

Estimated Outlays 0 6 11 14 15

Personnel and Other Programs

Estimated Authorization Level 0 16 16 17 17

Estimated Outlays 0 13 15 16 17

Total Estimated Authorizations

Estimated Authorization Level 500 816 623 700 700

Estimated Outlays 125 513 675 646 696

Total Authorizations

Estimated Authorization Level 27,640 1,259 1,108 700 700

Estimated Outlays 12,947 8,521 4,260 2,513 1,476

1 All of the programs with estimated authorizations also have specified authorizations in 2005.

Title IX also would authorize the appropriation of $10 million to

the Corporation for National and Community Service for grants to

organizations that use returning Peace Corps volunteers to promote an understanding of other peoples on the part of the American people. Assuming that these funds will be appropriated for fiscal year 2005, CBO estimates that implementing this provision

would cost $2 million in 2005 and $10 million over the 2005-2009

period.

Famine and Reconstruction Assistance. Section 2205 would expand the purposes for which appropriations for international disaster assistance may be provided to include programs of famine relief and reconstruction following manmade or natural disasters

abroad. The bill would authorize $386 million in 2005 for international disaster and famine assistance; however, reconstruction

following manmade or natural disasters can be very expensive and

has often been funded by supplemental appropriations.

The United States provided over $0.6 billion in 1999 for Central

America and the Caribbean to recover after disastrous hurricanes.

Appropriations for the reconstruction of Iraq and Afghanistan toVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00054 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
55

taled over $20 billion in 2003 and 2004. While continued funding

at that level appears unlikely to be repeated, CBO estimates that

meeting the expanded purposes could require appropriations of several hundred million to one billion dollars above the levels specified

by the bill for countries emerging from conflict or civil strife such

as Sudan, Liberia, or Haiti. Based on historical funding for similar

activities, CBO estimates the costs for implementing this section

could be $500 million each year over the 2005-2009 period, assuming the appropriation of the necessary funds.

Debt Relief. S. 2144 contains four provisions that address debt relief for developing countries:

• Section 2115 would require the President to cancel all bilateral

debts owed by the Democratic Republic of the Congo to the

U.S. government, subject to the availability of appropriations

for the cost, as defined by the Federal Credit Reform Act, of

cancelling those debts. It would authorize the appropriation of

$105 million in 2005 for the cost of cancelling Congo’s debts.

Based on information from the Office of Management and

Budget (OMB), CBO estimates the cost of cancelling all of the

Congo’s debts would be $300 million. The estimate assumes

that the balance—$195 million—would be provided in 2006.

• Section 2114 would authorize the appropriation of $75 million

in 2005 or 2006 for a contribution to the Heavily Indebted Poor

Countries Trust Fund administered by the World Bank. This

estimate assumes the appropriation of the authorized amounts

in 2005 as requested by the President.

• Section 2116 would authorize the appropriation of $20 million

in 2005 for debt relief under the Tropical Forest Conservation

Initiative.

• Section 2222 would authorize the President to reduce the U.S.

bilateral debt of low-income countries as part of multilateral

debt-relief agreements limited to such extent or in such

amounts as may be provided in advance in an appropriations

act. The authorization that would be provided in section 2222

is the same as that contained in general provisions of annual

appropriations acts for nearly a decade. The U.S. government

has forgiven the bilateral debt that it once held for most of the

world’s poorest countries; however, it still holds the debt of

some of the world’s poorest countries, such as Afghanistan,

Sudan, Somalia, and Liberia. At some point after 2005, these

countries, or other poor countries, may meet the minimum requirements for multilateral debt relief as stipulated by the bill.

We cannot identify the exact timing of such action, given the

experience of other countries emerging from internal conflict,

we estimate that it would be at least two to three years after

a reconstituted civilian government is established in those

countries before any multilateral debt agreement would be negotiated. While the bill does not authorize the appropriation of

any funds, CBO estimates that the present value of all debt of

low-income countries held by the U.S. government to be between $250 million and $350 million. CBO estimates that implementing the program would not have a significant cost in

the next few years, but could cost about $75 million a year for

56

2008 and 2009, assuming appropriation of the necessary

amounts.

Middle East Broadcasting Network. Section 808 would authorize

the Broadcasting Board of Governors (BBG) to make annual grants

to a Middle East Broadcasting Network to provide radio and television broadcasts to the Middle East region. Under current law,

Radio Sawa provides radio programming to the Middle East, and

the Middle East Television Network (MTN) recently began television programming in the region. The BBG plans to integrate

Radio Sawa and MTN to form a single broadcasting entity. Based

on information from the BBG, CBO assumes that the BBG would

provide grants of $45 million to the network in 2005 from amounts

authorized in the bill. CBO estimates that operating costs for continuing this radio and television broadcasting network would be

$52 million a year over the 2006-2009 period, assuming the appropriation of the necessary funds.

Education and Training Programs. Sections 612 and 613 would

establish new educational and cultural exchange programs and expand existing ones. Section 803 would establish a new fellowship

program for multidisciplinary training on nonproliferation issues.

Section 814 would establish a new training program to combat

copyright infringement. The bill would authorize the appropriation

of $37 million for all of these programs in 2005. CBO estimates

that continuing these programs would require an additional $157

million over the 2006-2009 period, or about $39 million a year over

that period.

Global Pathogen Surveillance. Title XXIV would authorize a program of global pathogen surveillance to assist in the monitoring

and response to bioterrorism and outbreaks of infectious disease.

The bill would earmark $35 million from the amount authorized for

Nonproliferation, Antiterrorism, Demining, and Related Assistance

(NADR) to fund these activities. Specifically, it would authorize the

Secretary of State to:

• Establish fellowships and training courses for health personnel

in developing countries;

• Provide assistance for developing countries to purchase and

maintain laboratory equipment, information technology, and

communications equipment;

• Assign public health personnel to U.S. overseas missions and

international organizations; to expand U.S. government laboratories abroad; and

• Establish and expand epidemiology training programs and regional health networks in developing countries.

Middle East Foundation. Section 2225 would authorize the Secretary to designate a nonprofit organization as the Middle East

Foundation and to fund the organization through grants. The provision also would require the foundation to report to the Congress

on its activities by January 31, 2006, and every year thereafter;

thus establishing a long-term relationship between the Department

of State and the foundation. While the provision is silent on the

level of funding, last year in Senate Report 108–56, the committee

recommended an initial funding of $15 million for the foundation.

57

CBO assumes that grants in 2005 totaling that amount would come

from funds authorized elsewhere in the bill, as requested by the

President, and funding would continue over the 2006-2009 period

at that rate adjusted for inflation, assuming the appropriation of

the necessary funds.

Hardship and Danger Pay Allowances. Section 305 would increase the cap on hardship and danger pay allowances from 25 percent to 35 percent of basic pay for employees serving overseas. The

bill would authorize the appropriation of $8 million in 2005 only.

Based on information from the Department of State, CBO estimates implementing this section would cost between $11 million

and $12 million annually over the 2006-2009 period, assuming the

appropriation of the necessary funds. The increase in estimated

costs from 2005 to 2006 is primarily due to higher staffing levels

expected at the new embassy in Baghdad.

Radiological Terrorism Security. Title XXIII would authorize assistance to reduce the threat to diplomatic missions abroad from an

attack using radioactive materials. In particular, it would authorize

assistance to foreign countries to develop appropriate response

plans and to train foreign personnel who would be the first to respond to such an attack. The bill would earmark $2 million from

the amount authorized elsewhere in the bill for NADR to fund

these activities.

Indefinite Authorizations for Currency Fluctuations. Section

103(c) would authorize such sums as may be necessary in 2005 to

compensate for adverse fluctuations in exchange rates that might

affect contributions to international organizations. Any funds appropriated for this purpose would be obligated and expended subject to certification by OMB. Currency fluctuations are extremely

difficult to estimate in advance, and they could result in spending

either higher or lower than the amounts specifically authorized in

the bill for contributions to international organizations and programs. Therefore, this estimate includes no costs associated with

currency fluctuations.

Victims of Crime Office. Section 207 would create a Victims of

Crime Office within the Department of State and authorize the department to provide services and financial assistance from its

emergency fund to U.S. nationals who become crime victims overseas. The department is currently gathering information on the

number of such crime victims and their needs. CBO cannot estimate the budgetary impact of this provision given the uncertainties

associated with estimating how many individuals may be victimized and whether victims of terrorist acts would also be covered

under this provision.

United States Diplomacy Center. Section 212 would authorize the

Secretary of State to establish a United States Diplomacy Center

at the Harry S Truman Building in Washington, D.C. According to

the Department of State, the project is currently in its design

phase and is expected to open in 2007. The department would provide the space, staff, and security for the center, while the nonprofit Foreign Affairs Museum Council would provide funding from

private sources. CBO estimates implementing this section would

cost $1 million a year over the 2005-2009 period. The department

58

has requested, and the bill would provide, a specific authorization

of appropriations for $1 million in 2005 only.

Educational Expenses of Dependent Children. Section 302 would

authorize payments for certain educational expenses of dependent

children of Foreign Service employees posted overseas. Section 816

would allow the BBG to pay for the educational expenses of certain

dependents of employees in the Commonwealth of the Northern

Mariana Islands. Based on information from the Department of

State and the BBG, CBO estimates implementing these provisions

would cost about $1 million annually.

Edward R. Murrow Fellowship Program. Section 622 would establish a new fellowship program at the BBG to allow 20 foreign

national journalists each year to spend up to six months working

at the Voice of America, Radio Free Europe/Radio Liberty, or Radio

Free Asia. The BBG would pay the salaries, living expenses, and

travel costs of those journalists. Based on information from the

BBG, CBO estimates that implementing this section would cost

roughly $1 million a year.

Reporting Requirements. The bill includes several provisions that

would expand or introduce new reporting requirements. Combined,

these provisions would raise spending subject to appropriation by

about $1 million annually, CBO estimates.

Miscellaneous Provisions. CBO estimates that several sections of

the bill would have an insignificant impact on spending subject to

appropriation:

• Section 211 would authorize grants to promote agricultural

biotechnology;

• Section 213 would authorize an educational program for young

Latin American professionals to promote civilian control of government ministries with national security functions;

• Section 214 would extend the term of the Advisory Committee

on Cultural Diplomacy through 2007;

• Section 301 would allow members of the Foreign Service to be

assigned for one year to the North Atlantic Treaty Organization (NATO), the European Union (EU), or one of the NATO

or EU members;

• Section 306 would allow the department to place members of

the Foreign Service indicted for a crime on indefinite suspension without pay;

• Section 307 would clarify the department’s authority to settle

claims for back pay and other administrative claims and grievances;

• Section 312 would allow the department to pay a housing allowance to 10 more employees of the U.S. Mission to the

United Nations in New York City;

• Section 313 would allow the department to pay members of the

Senior Foreign Service (approximately 900 persons) based on

individual performance. According to the department, it has

not yet decided how it would implement such a system; and

• Section 2212 would authorize appropriations for educating children in Afghanistan about the dangers of land mines.

59

Direct Spending and Revenues

CBO estimates that S. 2144 would raise direct spending by less

than $500,000 a year in 2005 and 2006, by $25 million over the

2007-2009 period, and a total of about $25 million over the 2005-

2014 period. The bill would also increase governmental receipts

(revenues) by less than $500,000 a year (see Table 3).

U.S. War Reserve Stockpile for Allies. Section 2208 would, for a

five-year period, authorize the President to transfer to Israel obsolete or surplus defense articles in the U.S. War Reserve Stockpile

for Allies in Israel in return for concessions to be negotiated by the

Secretary of Defense. The concessions may include cash, services,

waiver of charges otherwise payable by the United States, or other

items of value. Since articles may be transferred by sale under current law, CBO estimates that the authority provided by the section

could be used to negotiate noncash concessions thereby lowering

offsetting receipts to the Department of Defense (DoD).

TABLE 3. ESTIMATED DIRECT SPENDING AND REVENUES IN S. 2144

(By fiscal year, in millions of dollars)

2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

Changes in Outlays 0 (*) (*) 5 10 10 (*) (*) (*) (*) (*)

Changes in Revenues 0 (*) (*) (*) (*) (*) (*) (*) (*) (*) (*)

Note: (*) = less than $500,000.

According to DoD, similar authority was not used for Israel in

the past, but certain missiles and other items are approaching the

end of their shelf life and are no longer kept in the U.S. inventory,

but could be transferred under the authority of this section rather

than returned to the U.S. for disposal. Similar authority has been

used for the stockpile in Korea. If the authority provided in section

2208 were used to the same extent as that for the stockpile in

Korea, CBO estimates that forgone receipts would total between $5

million and $10 million a year over the 2007-2009 period.

Other Provisions. CBO estimates that several provisions in the

bill would affect direct spending and revenues by less than

$500,000 annually.

• Sections 201 and 203 would raise governmental receipts (revenues) by establishing new criminal penalties that would be assessed against persons interfering with the law enforcement

and protective functions of State Department special agents

and guards. CBO estimates that the increase in revenues

would not be significant in any year. Collections of criminal

fines are deposited in the Crime Victims Fund and are later

spent. CBO estimates that the criminal penalties that would

be established under the bill would increase direct spending

from the Crime Victims Fund by less than $500,000 per year.

• Section 205 would allow the Department of State to seek and

retain reimbursement for security provided by special agents to

the U.S. Olympic Team during the 2004 Summer Olympic

Games in Athens, Greece. The department plans to deploy

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lion, but it is uncertain how much of this cost would be recovered.

• Section 206 would allow the State Department’s International

Litigation Fund to retain awards of costs and attorneys’ fees as

a result of a decision by an international tribunal. Based on information from the department, CBO estimates that it would

collect and spend less than $500,000 a year.

• Section 212 would authorize the Secretary to provide museum

visitor and educational outreach services and to sell, trade, or

transfer documents and articles that are displayed at the

United States Diplomacy Center. Any proceeds generated from

these services or sales would be retained and spent by the center, and CBO estimates that this provision would have an insignificant net effect on direct spending.

• Several sections in title III of the bill would amend retirement

benefits for State Department personnel. Section 303 would

slightly broaden the authority of the department to temporarily rehire Foreign Service retirees without terminating their

pension benefits. Section 309 would establish a 60-day deadline

for the Office of Personnel Management to issue regulations in

accordance with a previously enacted change in pension benefits for certain spouses of Foreign Service workers. Section 310

would change personnel review and termination procedures for

each Foreign Service class. CBO estimates that these three

provisions would have an insignificant effect on direct spending.

• Section 2106 would provide permanent authority to extend for

one year the availability of annual appropriations for voluntary

contributions to international organizations. CBO estimates

the section would have no effect on outlays. Under most conditions, CBO would score such language as a reappropriation in

2005 except that similar language is contained in the foreign

operations title of Public Law 108–199, the Consolidated Appropriation Act, 2004. Under current law, the fiscal year funds

for 2004 covered by the proposed legislation are available for

obligation through September 30, 2005. CBO also expects that

the effect of the provision on future appropriations would be

limited by general provisions of annual appropriations acts.

• Section 2207 would authorize the President to waive the requirement that a foreign government pay to the United States

the net proceeds from the sale of any military equipment it has

received from the United States on a grant basis. CBO estimates the forgone receipts would not be significant.

• Section 2240 would authorize the transfer of three naval vessels to foreign countries. It would authorize the sale of one vessel; the other two would be given away. Because there is significant uncertainty as to whether the vessel would be sold,

CBO estimates that enacting the provision would not affect offsetting receipts.

61

INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

S. 2144 contains no intergovernmental or private-sector mandates as defined in UMRA and would not affect the budgets of

state, local, or tribal governments.

PREVIOUS CBO ESTIMATES

On April 24, 2003, CBO transmitted a cost estimate for S. 925,

the Foreign Relations Authorization Act, Fiscal Year 2004, as ordered reported by the Senate Committee on Foreign Relations on

April 9, 2003. On June 9, 2003, CBO transmitted a cost estimate

for S. 1161, the Foreign Assistance Authorization Act, Fiscal Year

2004, as reported by the Senate Committee on Foreign Relations

on May 29, 2003. While those two bills authorized funding primarily for 2004, many of the same provisions are contained in S.

2144, and their estimated costs are similar.

Estimate prepared by:

Federal Costs—State Department: Sunita D’Monte. Peace Corps

and Foreign Aid: Joseph C. Whitehill. Foreign Service Retirement:

Geoffrey Gerhardt. Law Enforcement: Mark Grabowicz.

Impact on State, Local, and Tribal Governments: Melissa

Merrell.

Impact on the Private Sector: Paige Piper/Bach.

Estimate approved by:

Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

VII. EVALUATION OF REGULATORY IMPACT

In accordance with rule XXVI, paragraph 11(b) of the Standing

Rules of the Senate, the committee has concluded that there is no

regulatory impact from this legislation.

VIII. CHANGES IN EXISTING LAW

In compliance with paragraph 12 of Rule XXVI of the Standing

Rules of the Senate, changes in existing law made by the bill, as

reported, are shown as follows (existing law proposed to be omitted

is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman).

Foreign Assistance Act of 1961

PART I

CHAPTER 1—POLICY; DEVELOPMENT ASSISTANCE AUTHORIZATIONS

SEC. 102. DEVELOPMENT ASSISTANCE POLICY.—(a) * * *

* * * * * * *

(5) United States development assistance should focus on

critical problems in those functional sectors which affect the

lives of the majority of the people in the developing countries;

food production and nutrition; rural development and generaVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00061 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
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tion of gainful employment; population planning and health;

environment and natural resources; education, development

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) *** ø(2)(A)¿(2) In carrying out the purposes of this subsection, the

President shall promote, encourage, and undertake activities deVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00062 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
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signed to deal directly with the special health needs of children and

mothers. Such activities should utilize simple, available technologies which can significantly reduce childhood mortality, such as

improved and expanded immunization programs, oral rehydration

to combat diarrhoeal diseases, and education programs aimed at

improving nutrition and sanitation and at promoting child spacing.

In carrying out this paragraph, guidance shall be sought from

knowledgeable health professionals from outside the agency primarily responsible for administering subchapter I of this chapter.

In addition to government-to-government programs, activities pursuant to this paragraph should include support for appropriate activities of the types described in this paragraph which are carried

out by international organizations (which may include international organizations receiving funds under part III of this subchapter) and by private and voluntary organizations, and should

include encouragement to other donors to support such types of activities.

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

subchapter I of this chapter to set as a goal the protection of not

less than 80 percent of all children, in those countries in which

such agency has established development programs, from

immunizable diseases by January 1, 1991. 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) of this section (relating to development assistance for health), $50,000,000 shall be used to carry out this

paragraph.¿

* * * * * * *

SEC. 105. EDUCATION AND HUMAN RESOURCES DEVELOPMENT.—

In order to reduce illiteracy, to extend basic education and to increase manpower training in skills related to development, the

President is authorized to furnish assistance on such terms and

conditions as he may determine, for education, public administration, and human resource development. øThere are authorized to

be appropriated to the President for the purposes of this section,

in addition to funds otherwise available for such purposes,

64

$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. 108. PRIVATE SECTOR REVOLVING FUND.—(a) * * *

* * * * * * *

SEC. 108A. DEVELOPMENT CREDIT AUTHORITY.

(a) FINDINGS.—Congress makes the following findings:

(1) Developing countries often have large reserves of privately

held capital that are not being adequately mobilized and invested due to weak financial institutions and other market imperfections in such countries.

(2) Partial loan guarantees, particularly when used as an integral part of a development strategy, are useful to leverage

local private capital for development while reforming and

strengthening developing country financial markets.

(3) Requiring risk-sharing guarantees and limiting guarantee

assistance to private lenders encourages such lenders to provide

appropriate oversight and management of development projects

funded with loans made by such lenders and, thereby, maximize the benefit which such projects will achieve.

(b) POLICY.—It is the policy of the United States to make partial

loan guarantees available to private lenders to fund development

projects in developing countries that encourage such lenders to provide appropriate oversight and management of such development

projects.

(c) AUTHORITY.—To carry out the policy set forth in subsection (b),

the President is authorized to provide assistance in the form of

loans and partial loan guarantees to private lenders in developing

countries to achieve the economic development purposes of the provisions of this part.

(d) POLICIES TO LIMIT FINANCIAL RISK TO THE UNITED STATES.— (1) PRIORITY FOR ASSISTANCE.—The President, in providing

assistance under this section, shall give priority to providing

partial loan guarantees made pursuant to the authority in subsection (c) that are used in transactions in which the financial

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antee does not exceed the financial risk of loss of the private

lender that receives such guarantee.

(2) MAXIMUM EXPOSURE.—The investment or risk of the

United States in any one development project may not exceed 70

percent of the total outstanding investment or risk associated

with such project.

(e) TERMS AND CONDITIONS.—

(1) IN GENERAL.—Assistance provided under this section shall

be provided on such terms and conditions as the President determines appropriate.

(2) MAXIMUM TOTAL AMOUNT OF LOANS OR GUARANTIES PER

BORROWER.—The principal amount of loans made or guaranteed under this section in any fiscal year, with respect to any

single country or borrower, may not exceed $100,000,000.

(f) OBLIGATIONS OF THE UNITED STATES.—A partial loan guarantee made under subsection (c) shall constitute an obligation, in

accordance with the terms of such guarantee, of the United States

of America and the full faith and credit of the United States of

America is pledged for the full payment and performance of such

obligation.

(g) PROCUREMENT PROVISIONS.—Assistance may be provided

under this section notwithstanding section 604(a).

(h) DEVELOPMENT CREDIT AUTHORITY PROGRAM ACCOUNT.—

There is established on the books of the Treasury an account known

as the Development Credit Authority Program Account. There shall

be deposited into the account all amounts made available for providing assistance under this section, other than amounts made

available for administrative expenses to carry out this section.

Amounts in the Account shall be available to provide assistance

under this section.

(i) AVAILABILITY OF FUNDS.—

(1) IN GENERAL.—Of the amounts authorized to be available

for the purposes of part I of this Act and for the Support for

Eastern European Democracy (SEED) Act of 1989 (22 U.S.C.

5401 et seq.), not more than $21,000,000 for fiscal year 2005

may be made available to carry out this section.

(2) TRANSFER OF FUNDS.—Amounts made available under

paragraph (1) may be transferred to the Development Credit

Authority Program Account established by subsection (h).

(3) SUBSIDY COST.—Amounts made available under paragraph (1) shall be available for the subsidy cost, as defined in

section 502(5) of the Federal Reform Credit Act of 1990 (2

U.S.C. 661a(5)), of activities under this section.

(j) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There is authorized to be appropriated for

administrative expenses to carry out this section $8,000,000 for

fiscal year 2005.

(2) TRANSFER OF FUNDS.—The amounts appropriated for administrative expenses under paragraph (1) may be transferred

to and merged with amounts made available under section

667(a).

66

(k) AVAILABILITY.—Amounts appropriated or made available

under this section are authorized to remain available until expended.

* * * * * * *

SEC. 123. PRIVATE AND VOLUNTARY ORGANIZATIONS AND COOPERATIVES IN OVERSEAS DEVELOPMENT.—(a) * * *

* * * * * * *

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

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¿ $17,500,000

for fiscal year 2005.

* * * * * * *

67

CHAPTER 3—INTERNATIONAL ORGANIZATIONS AND PROGRAMS

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;

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

68

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

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

69

proportion which such amount bears to the total amount of

contributions to this specific project may not exceed the proportion which the United States contribution to the budget of the

Organization of American States for that fiscal year bears to

the total contributions to the budget of the Organization of

American States for that fiscal year.¿

(a) AUTHORIZATION OF APPROPRIATION.—There is authorized to be

appropriated to the President $304,450,000 for fiscal year 2005 for

grants to carry out the purposes of this chapter. Amounts appropriated pursuant to the authorization of appropriations in this section are in addition to amounts otherwise available for such purposes.

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 ORGANIZATIONS.—(a)* * *

* * * * * * *

(e) Funds available in any fiscal year to carry out the provisions

of this chapter that are returned or not made available for organizations and programs because of the application of this section shall

remain available for obligation until September 30 of the fiscal year

after the fiscal year for which such funds are appropriated.

* * * * * * *

CHAPTER 5—CONTINGENCIES

SEC. 451. CONTINGENCIES.—(a)(1) Notwithstanding any other

provision of law, the President is authorized to use funds made

available to carry out any provision of this Act (other than the provisions of chapter 1 of this part or the Arms Export Control Act)

in order to provide, for any unanticipated contingencies, assistance

authorized by this part in accordance with the provisions applicable

to the furnishing of such assistance, except that the authority of

this subsection may not be used to authorize the use of more than

ø$25,000,000¿ $50,000,000 during any fiscal year.

* * * * * * *

70

CHAPTER 8—INTERNATIONAL NARCOTICS CONTROL

SEC. 481. POLICY, GENERAL AUTHORITIES, COORDINATION, FOREIGN

POLICE ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.

* * * * * * *

SEC. 482. AUTHORIZATION.—(a)(1) To carry out the purposes of

section 481, there are authorized to be appropriated to the President ø$147,783,000 for fiscal year 1993 and $717,500,000 for fiscal

year 1994¿ $1,089,820,000 for fiscal year 2005, of which

$731,000,000 is authorized to be appropriated for the Andean

Counterdrug Initiative.

(2) Amounts appropriated under this subsection are suthorized to

remain available until expended.

(3) Notwithstanding any other provision of law, amounts authorized to be appropriated to carry out the purposes of section 481 for

fiscal year 2005, and amounts appropriated for fiscal years before

fiscal year 2005 for purposes of such section that remain available

for obligation, may be used to furnish assistance to the Government

of Colombia—

(A) to support a unified campaign against narcotics trafficking and terrorist activities; and

(B) to take actions to protect human health and welfare in

emergency circumstances, including undertaking rescue operations.

(4) Assistance furnished to the Government of Colombia under

this section—

(A) shall be subject to the limitations on the assignment of

United States personnel in Colombia under subsections (b)

through (d) of section 3204 of the Emergency Supplemental Act,

2000 (division B of Public Law 106–246; 114 Stat. 576);

(B) shall be subject to the condition that no United States

Armed Forces personnel and no employees of United States contractors participate in any combat operation in connection with

such assistance; and

(C) shall be subject to the condition that the Government of

Colombia is fulfilling its commitment to the United States with

respect to its human rights practices, including the specific conditions set forth in subparagraphs (A) through (E) of section

563(a)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004 (division D of Public

Law 108–199).

* * * * * * *

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

71

submit a notification of such action to Congress in accordance

with the procedures set forth in section 634A.

* * * * * * *

SEC. 491. POLICY AND GENERAL AUTHORITY.—(a) The Congress,

recognizing that prompt United States assistance to alleviate

human suffering caused by natural and ømanmade disasters¿ manmade disasters, including famine, is an important expression of the

humanitarian concern and tradition of the people of the United

States, affirms the willingness of the United States to provide assistance for the relief and rehabilitation of people and countries affected by such ødisasters.¿ disasters and for programs of reconstruction fllowing such disasters.

(b) Subject to the limitations in section 492, and notwithstanding

any other provision of this or any other Act, the President is authorized to furnish assistance to any foreign country, international

organization, or private voluntary organization, on such terms and

conditions as he may determine, for international disaster relief

and rehabilitation, including assistance relating to disaster preparedness, programs of reconstruction following disasters, and to

the prediction of, and contingency planning for, natural disasters

abroad.

(c) In carrying out the provisions of this section the President

shall insure that the assistance provided by the United States

shall, to the greatest extent possible, reach those most in need of

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¿

$385,500,000 for fiscal year 2005. 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 is authorized to

be appropriated to the President $62,800,000 for fiscal year 2005 to

carry out this section.

72

(c) AVAILABILITY.—Amounts appropriated under this section for

the purpose specified in subsection (b)—

(1) are authorized to remain available until expended; and

(2) are in addition to amounts otherwise available to carry

out this section.

* * * * * * *

Sections 495 through 495K of the Foreign Assistance Act of 1961

(22 U.S.C. 2292f through 2292q) are repealed.

* * * * * * *

SEC. 497.—øAUTHORIZATIONS OF APPROPRIATIONS FOR THE DEVELOPMENT FUND FOR AFRICA.—¿ AVAILABILITY OF FUNDS.— ***

* * * * * * *

CHAPTER 11—SUPPORT FOR THE ECONOMIC AND DEMOCRATIC DEVELOPMENT OF THE INDEPENDENT STATES OF THE FORMER SOVIET

UNION

* * * * * * *

SEC 498B. AUTHORITIES RELATING TO ASSISTANCE AND OTHER PROVISIONS.

(a) * * *

* * * * * * *

(j) WAIVER OF CERTAIN PROVISIONS.—

(1) IN GENERAL.—Funds 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 proVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00072 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
73

cedures applicable to re-programming notifications under section 634A of this Act.

* * * * * * *

PART II

CHAPTER 1—POLICY

* * * * * * *

SEC. 505. CONDITIONS OF ELIGIBILITY.—(a) * * *

* * * * * * *

(f) Effective July 1, 1974, no defense article shall be furnished to

any country on a grant basis unless such country shall have agreed

that the net proceeds of sale received by such country in disposing

of any weapon, weapons system, munition, aircraft, military boat,

military vessel, or other implement of war received under this

chapter will be paid to the United States Government and shall be

available to pay all official costs of the United States Government

payable in the currency of that country, including all costs relating

to the financing of international educational and cultural exchange

activities in which that country participates under the programs

authorized by the Mutual Educational and Cultural Exchange Act

of 1961. 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 year 2003¿ for each of fiscal years 2004 and 2005.

(B) Of the amount specified in subparagraph (A) øfor fiscal

year 2003¿ for a fiscal year, not more than $100,000,000 may

be made available for stockpiles in the State of Israel.

* * * * * * *

SEC. 532. AUTHORIZATIONS OF APPROPRIATIONS.—ø(a) There are

authorized to be appropriated to the President to carry out the purposes of this chapter)¿3(a) There is authorized to be appropriated

to the President to carry out the purposes of this chapter

$2,520,000,000 for fiscal year 2005.

ø(1) $2,015,000,000 for the fiscal year 1986 and

$2,015,000,000 for the fiscal year 1987 for the following countries signing the Camp David agreement: Israel and Egypt;

and

74

ø(2) $1,785,000,000 for the fiscal 1986 and $1,785,000,000 for

the fiscal year 1987 for assistance under this chapter for recipients or purposes other than the countries referred to in paragraph.¿

* * * * * * *

SEC. 534. ADMINISTRATION OF JUSTICE.—(a) The President may

furnish assistance under this part to countries and organizations,

including national and regional institutions, in order to strengthen

the administration of justice 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;

* * * * * * *

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. 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 is authorized to be appropriated to the President to

75

carry out the purposes of this chapter $89,730,000 for the fiscal year

2005.

* * * * * * *

CHAPTER 6—PEACEKEEPING OPERATIONS

SEC. 551. GENERAL AUTHORITY.—The President is authorized to

furnish assistance to friendly countries and international organizations, on such terms and conditions as he may determine, for

peacekeeping operations and other programs carried out in furtherance of the national security interests of the United States. øSuch

assistance may include reimbursement¿

(1) Reimbursements to the Department of Defense for expenses incurred pursuant to section 7 of the United Nations

Participation Act of 1945, except that such reimbursements

may not exceed $5,000,000 in any fiscal year unless a greater

amount is specifically authorized by this section.

(2) Demining activities, clearance of unexploded ordnance, destruction fo small arms, and related activities, notwithstanding

any other provision of law.

* * * * * * *

SEC. 552. AUTHORIZATION OF APPROPRIATIONS.—(a) 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 is authorized to be appropriated to the President to carry out the purposes of this chapter,

in addition to amounts otherwise available for such purposes,

$104,000,000 for the fiscal year 2005.

* * * * * * *

SEC 614. SPECIAL AUTHORITIES.— (a) Furnishing of assistance and arms export sales, credits, and

guaranties upon determination and notification of Congress of importance and vitality of such action to security interests and national security interests of United States; policy justification; fiscal

year limitations; transfers between accounts.

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

76

so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations

of the Senate, that to do so is vital to the national security interests of the United States.¿

(1) The President may authorize any assistance, sale, or other

action under this Act, the Arms Export Control Act (22 U.S.C.

2751 et seq.), or any other law that authorizes the furnishing

of foreign assistance or the appropriation of funds for foreign

assistance, without regard to any of the provisions described in

subsection (b) if the President determines, and notifies the Committees on Foreign Relations and Appropriations of the Senate

and the Committees on International Relations and Appropriations of the House of Representatives in writing— (A) with respect to assistance or other actions under

chapter 2 or 5 of part II of this Act, or sales or other actions

under the Arms Export Control Act, that to do so is vital

to the national security interests of the United States; and

(B) with respect to other assistance or actions, that to do

so is important to the security interests of the United

States.

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 $50,000,000 of the $250,000,000 limitation provided in subparagraph (A)(ii) may be allocated to any

one country in any fiscal year unless that country is a victim

of active aggression, and not more than $500,000,000 of the aggregate limitation of $1,000,000,000 provided in subparagraphs

(A)(i) and (A)(ii) may be allocated to any one country in any fiscal year.

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

77

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

member of the Committee on Foreign Affairs of the House of Representatives and the chairman and ranking minority member of

the Committee on Foreign Relations of the Senate of each use of

funds under this subsection prior to the use of such funds.¿

(b) INAPPLICABLE OR WAIVABLE LAWS.—The provisions referred to

in paragraphs (1) and (2) of subsection (a) are those set forth in any

of the following:

(1) Any provision of this Act.

(2) Any provision of the Arms Export Control Act (22 U.S.C.

2751 et seq.).

(3) Any provision of law that authorizes the furnishing of foreign assistance or appropriates funds for foreign assistance.

(4) Any other provision of law that restricts assistance, sales

or leases, or other action under a provision of law referred to

in paragraph (1), (2), or (3).

(5) Any provision of law that relates to receipts and credits

accruing to the United States.

* * * * * * *

SEC. 620. PROHIBITIONS AGAINST FURNISHING ASSISTANCE.—(a)

* * * * * * *

(l) * * *

(m)(1) No assistance may be furnished under this Act or the Arms

Export Control Act (22 U.S.C. 2751 et seq.) for the government of

a country if the duly elected head of government for such country

is deposed by decree or military coup. The prohibition in the preceding sentence shall cease to apply to a country if the President determines and certifies to the Committee on Foreign Relations of the

Senate and the Committee on International Relations of the House

of Representatives that after the termination of assistance a democratically elected government for such country has taken office.

(2) Paragraph (1) does not apply to assistance to promote democratic elections or public participation in democratic processes.

(3) The President may waive the application of paragraph (1),

and any comparable provision of law, to a country upon determining that it is important to the national security interest of the

United States to do so.

* * * * * * *

(q) No assistance shall be furnished under this Act to øany country¿ the government of any country which is in default, during a period in excess of øsix calendar months¿ one year, in payment to the

78

United States of principal or interest on any loan made to øsuch

country¿ such government under this Act, unless øsuch country¿

such government meets its obligations under the loan or unless the

President determines that assistance to øsuch country¿ such government is in the national interest and notifies the Speaker of the

House of Representatives and the Committee on Foreign Relations

of the Senate of such determination.

* * * * * * *

SEC. 624. STATUTORY OFFICERS.—(a) * * *

* * * * * * *

(c) * * *

(d) Whenever the President submits to the Senate a nomination of

an individual for appointment to a position authorized under subsection (a), the President shall designate the particular position in

the agency for which the individual is nominated.

* * * * * * *

SEC 634A. NOTIFICATION OF PROGRAM CHANGES.—(a) * * *

(b) The notification requirement of this section does not apply to

the reprogramming—

(1) of funds to be used for an activity, program, or project

under chapter 1 of part I (22 USC 2151 et seq.) if the amounts

to be obligated for that activity, program, or project for that fiscal year do not exceed by more than 10 percent the amount

justified to the Congress for that activity, program, or project

for that fiscal year; 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

(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

79

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

øabroad¿: 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

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;

* * * * * * *

80

(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. 656. ANNUAL FOREIGN MILITARY TRAINING REPORT.

(a) ANNUAL REPORT.

(1) In general. Not later than øJanuary 31¿ March 1 of each

year, the Secretary of Defense and the Secretary of State shall

jointly prepare and submit to the appropriate congressional

committees a report on all military training provided to foreign

military personnel by the Department of Defense and the Department of State during the previous fiscal year and all such

training proposed for the current fiscal year.

* * * * * * *

81

SEC. 660. POLICE TRAINING PROHIBITION.—(a) * * *

(b) Subsection (a) of this section shall not apply— (1) * * *

* * * * * * *

(4) with respect to assistance provided to police forces in connection with their participation in the regional security system

of the Eastern Caribbean states; 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.¿

82

(d) Subsection (a) shall not apply to assistance for law enforcement forces for which the President, on a case-by-case basis, determines that it is important to the national interest of the United

States to furnish such assistance and submits to the committees of

the Congress referred to in subsection (a) of section 634A of this Act

an advance notification of the obligation of funds for such assistance in accordance with such section 634A.

* * * * * * *

SEC. 667. OPERATING 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 of this Act, or

chapter 4 of part II of this Act, or antecedent foreign economic

assistance laws.

(2) Guarantees issued under sections 221 and 222 of this Act.

(3) Credits extended or guarantees issued under the Arms Export Control Act (22 U.S.C. 2751 et seq.).

83

(4) Any obligation, or portion of such obligation, to pay for

purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit

guarantee programs authorized pursuant to—

(A) section 5(f) of the Commodity Credit Corporation

Charter Act (15 U.S.C. 714c(f));

(B) section 201(b) of the Agricultural Trade Act of 1978

(7 U.S.C. 5621(b)); or

(C) section 202 of the Agricultural Trade Act of 1978 (7

U.S.C. 5622).

(b) GENERAL LIMITATIONS.—

(1) EXCLUSIVE CONDITIONS.—The authority provided in subsection (a) may be exercised—

(A) only to implement multilateral official debt relief and

referendum agreements, commonly referred to as ‘Paris

Club Agreed Minutes’;

(B) only in such amounts or to such extent as is provided

in advance in appropriations Acts; and

(C) only with respect to countries with heavy debt burdens that—

(i) are eligible to borrow from the International Development Association, but not from the International

Bank for Reconstruction and Development, commonly

referred to as ‘IDA-only’ countries; and

(ii) are not determined ineligible under subsection

(c).

(2) ADVANCE NOTIFICATION OF CONGRESS.—The authority provided by subsection (a) shall be subject to the requirements of

section 634A of this Act.

(c) ELIGIBILITY LIMITATIONS.—The authority provided by subsection (a) may be exercised only with respect to a country the government of which, as determined by the President—

(1) does not make an excessive level of military expenditures;

(2) has not repeatedly provided support for acts of international terrorism;

(3) is not failing to cooperate on international narcotics control matters;

(4) does not engage, through its military or security forces or

by other means, in a consistent pattern of gross violations of

internationally recognized human rights; and

(5) is not ineligible for assistance under section 527 of the

Foreign Relations Authorization Act, Fiscal Years 1994 and

1995 (22 U.S.C. 2370a).

(d) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt

pursuant to subsection (a) may not be considered assistance for purposes of any provision of law limiting assistance to a country. The

authority provided in subsection (a) may be exercised notwithstanding section 620(r) of this Act or section 321 of the International Development and Food Assistance Act of 1975 (22 U.S.C.

2220a note).

* * * * * * *

84

Foreign Service Act of 1980

* * * * * * *

TITLE I—THE FOREIGN SERVICE OF THE UNITED STATES

CHAPTER 3—APPOINTMENTS

* * * * * * *

SEC. 302. APPOINTMENTS BY THE PRESIDENT.—(a)(1) * * *

* * * * * * *

(B)(i) * * *

(ii) The President may confer such personal rank only if, prior to

such conferral, he transmits to the Committee on Foreign Relations

of the Senate a written report setting forth—

(I)–(III) * * *

(IV) all relevant information concerning any potential conflict of interest which the proposed recipient of such personal

rank may have with regard to the special mission, including

information that is required to be disclosed on the Standard

Form 278, or any successor financial disclosure report.

Such report shall be transmitted not less than 30 days prior to conferral of the personal rank of ambassador or minister except in

cases where the President certifies in his report that urgent circumstances require the immediate conferral of such rank.

* * * * * * *

SEC. 305. APPOINTMENT TO THE SENIOR FOREIGN SERVICE.—(a) ***

* * * * * * *

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.¿

* * * * * * *

SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE

PERFORMED ABROAD.

(a) RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE PERFORMED ABROAD.— ***

* * * * * * *

(f) IMPLEMENTATION.—The Office of Personnel Management, in

consultation with the Secretary, shall prescribe such regulations,

not later than 60 days after the date of the enactment of the Foreign

Relations Authorization Act, Fiscal Year 2005, and take such action

as may be necessary and appropriate to implement this section.

* * * * * * *

CHAPTER 4—COMPENSATION

SEC. 401. SALARIES OF CHIEFS OF MISSION.—(a) Except as provided in section 3942(b) of this title, each chief of mission shall receive a salary, as determined by the President, at one of the annual

rates payable for levels II through V of the Executive Schedule

85

under sections 5313 through 5316 of title 5, except that the total

compensation, exclusive of danger pay, for any chief of mission

øshall not exceed the annual rate payable for level I of such Executive Schedule¿ shall be subject to the limitation on certain payments under section 5307 of title 5, United States Code, or the limitation under section 402(a)(3), whichever is higher.

* * * * * * *

SEC. 402. SALARIES OF SENIOR FOREIGN SERVICE MEMBERS.—

(a)(1) The President shall prescribe salary classes for the Senior

Foreign Service and shall prescribe an appropriate title for each

class. øThe President shall also prescribe one or more basic salary

rates for each class. Basic salary rates for the Senior Foreign Service may not exceed the maximum rate or be less than the minimum

rate of basic pay payable for the Senior Executive Service under

section 5382 of title 5, and shall be adjusted at the same time and

in the same manner as rates of basic pay are adjusted for the Senior Executive Service.¿ The President shall also prescribe ranges of

basic salary rates for each class. Except as provided in paragraph

(3), basic salary rates for the Senior Foreign Service may not exceed

the maximum rate or be less than the minimum rate of basic pay

payable for the Senior Executive Service under section 5382 of title

5, United States Code.

ø(2) The Secretary shall determine which of the basic salary

rates prescribed by the President under paragraph (1) for any salary class shall be paid to each member of the Senior Foreign Service who is appointed to that class. The Secretary may adjust the

basic salary rate of a member of the Senior Foreign Service not

more than once during any 12-month period.¿

(2) The Secretary shall determine which basic salary rate within

the ranges prescribed by the President under paragraph (1) shall be

paid to each member of the Senior Foreign Service based on individual performance, contribution to the mission of the Department,

or both, as determined under a rigorous performance management

system. Except as provided in regulations prescribed by the Secretary and, to the extent possible, consistent with regulations governing the Senior Executive Service, the Secretary may adjust the

basic salary rate of a member of the Senior Foreign Service not

more than once during any 12-month period.

(3) Upon a determination by the Secretary that the Senior Foreign

Service performance appraisal system, as designed and applied,

makes meaningful distinctions based on relative performance—

(A) the maximum rate of basic pay payable for the Senior

Foreign Service shall be level II of the Executive Schedule; and

(B) the applicable aggregate pay cap shall be equivalent to

the aggregate pay cap set forth in section 5307(d)(1) of title 5,

United States Code, for members of the Senior Executive Service.

* * * * * * *

SEC. 405. PERFORMANCE PAY.—(a)* * *

* * * * * * *

(b) Awards of performance pay shall take into account the criteria established by the Office of Personnel Management for perVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00085 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
86

formance awards under section 5384 of title 5 and rank awards

under section 4507 of title 5. Awards of performance pay under this

section shall be subject to the following limitations:

(1) * * *

* * * * * * *

(4) Any award under this section shall be subject to the limitation on certain payments under section 5307 of title 5, or the

limitation under section 402(a)(3), whichever is higher.

* * * * * * *

CHAPTER 5—CLASSIFICATION OF POSITIONS AND ASSIGNMENTS

* * * * * * *

SEC. 503. ASSIGNMENTS TO AGENCIES, INTERNATIONAL ORGANIZA- TIONS, øAND¿ FOREIGN GOVERNMENTS, OR OTHER BODIES.—The

Secretary may (with the concurrence of the agency, organization, or

other body concerned) assign a member of the Service for duty— (1) in a non-Foreign Service (including Senior Executive

Service) position in the Department or another agency, or with

an international organization, international commission, or

other international body, or with a foreign government under

section 506;

* * * * * * *

SEC. 506. FELLOWSHIP OF HOPE.—(a) The Secretary is authorized

to establish the Fellowship of Hope Program. Under the program,

the Secretary may assign a member of the Service, for not more than

one year, to a position with any designated country or designated

entity that permits an employee to be assigned to a position with the

Department.

(b) The salary and benefits of a member of the Service shall be

paid as described in subsection (b) of section 503 during a period

in which such member is participating in the Fellowship of Hope

Program. The salary and benefits of an employee of a designated

country or designated entity participating in such program shall be

paid by such country or entity during the period in which such employee is participating in the program.

(c) In this section:

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

of— (A) the North Atlantic Treaty Organization; or

(B) the European Union.

(2) The term ‘‘designated entity’’ means— (A) the North Atlantic Treaty Organization; or

(B) the European Union.

CHAPTER 6—PROMOTION AND RETENTION

* * * * * * *

SEC. 610. SEPARATION FOR CAUSE; SUSPENSION.—(a)(1) The Secretary may separate any member from the Service for such cause

as will promote the effieciency of the Service.

* * * * * * *

(c)(1) The Secretary may suspend a member of the Foreign Service

without pay when there is reasonable cause to believe that the memVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00086 Fmt 6659 Sfmt 6603 FY2005 SFORELA1 PsN: SFORELA1
87

ber has committed a crime for which a sentence of imprisonment

may be imposed and there is a connection between the conduct and

the efficiency of the Foreign Service.

(2) Any member of the Foreign Service for which a suspension

is proposed shall be entitled to—

(A) written notice stating the specific reasons for the proposed suspension;

(B) a reasonable time to respond orally and in writing to

the proposed suspension;

(C) representation by an attorney or other representative;

and

(D) a final written decision, including the specific reasons

for such decision, as soon as practicable.

(3) Any member suspended under this section may file a

grievance in accordance with the procedures applicable to grievances under chapter 11 of this title.

(4) In the case of a grievance filed under paragraph (3)—

(A) the review by the Foreign Service Grievance Board

shall be limited to a determination of whether the reasonable cause requirement has been fulfilled and whether there

is a connection between the conduct and the efficiency of the

Foreign Service; and

(B) the Foreign Service Grievance Board may not exercise

the authority provided under section 1106(8) of the Foreign

Service Act of 1980 (22 U.S.C. 4136(8)).

(5) In this section:

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

(i) with respect to a member of the Foreign Service

assigned to duty in the United States, 15 days after receiving notice of the proposed suspension; and

(ii) with respect to a member of the Foreign Service

assigned to duty outside the United States, 30 days

after receiving notice of the proposed suspension.

(B) The term ‘‘suspend’’ or ‘‘suspension’’ means the placing of a member of the Foreign Service, for disciplinary

reasons, in a temporary status without duties.

* * * * * * *

CHAPTER 7—CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

SEC. 703. CAREER DEVELOPMENT.—(a) * * *

(b) Junior Foreign Service officer training shall be directed primarily toward providing expert knowledge in the basic functions of

analysis and reporting as well as in public diplomacy, consular, administrative, and linguistic skills relevant to the full range of future job assignments. Midcareer training shall be directed primarily toward development and perfection of management, functional, negotiating, and policy development skills to prepare the officers progressively for more senior levels of responsibility.

* * * * * * *

88

SEC. 709. PUBLIC DIPLOMACY TRAINING.

The Secretary shall ensure that public diplomacy is an important

component of training at all levels of the Foreign Service.

* * * * * * *

CHAPTER 8—FOREIGN SERVICE RETIREMENT AND DISABILITY

* * * * * * *

SEC. 824. REEMPLOYMENT.—(a) * * *

* * * * * * *

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) The Secretary of State may waive the application of subsections (a) through (d) on a case-by-case basis for an annuitant reemployed on a temporary basis— (1) if, and for so long as, such waiver is necessary due to an

emergency involving a direct threat to life or property or other

unusual circumstances; or

(2) if the annuitant is employed in a position for which there

is exceptional difficulty in recruiting or retaining a qualified

employee.

* * * * * * *

CHAPTER 9—TRAVEL, LEAVE, AND OTHER BENEFITS

* * * * * * *

SEC. 901. TRAVEL AND RELATED EXPENSES.—The Secretary may

pay the travel and related expenses of members of the Service and

their families, including costs or expenses incurred for—

(1) * * *

* * * * * * *

(6) rest and recuperation travel of members of the Service

who are United States citizens, and members of their families,

while serving at locations abroad specifically designated by the

Secretary for purposes of this paragraph, to—

(A) other locations abroad having different social, climatic, or

other environmental conditions than those at the post at which

the member of the Service is serving, or

(B) locations in the United States;

Except that, unless the Secretary otherwise specifies in extraordinary circumstances, travel expenses under this paragraph shall

be limited to the cost for a member of the Service, and for each

member of the family of the member, of 1 round trip during any

continous 2-year tour 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

89

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 leave of absence a member of the Service (other

than member employed under section 311) who is a citizen of the

United States as soon as possible after completion by that member

of 3 years of continuous service abroad.

* * * * * * *

CHAPTER 11—GRIEVANCES

* * * * * * *

SEC. 1106. BOARD PROCEDURES.—THE BOARD MAY ADOPT REGULATIONS CONCERNING ITS ORGANIZATION AND PROCEDURES. SUCH

REGULATIONS SHALL INCLUDE PROVISION FOR THE FOLLOWING:

(1) * * *

* * * * * * *

(8) If the Board determines that the Department is considering the involuntary separation of the grievant (other than an

involuntary separation for cause under section 610(a)), the involuntary separation of the grievant, disciplinary action

against 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 oneyear limitation under the preceding sentence and the Department shall continue to suspend such action, if the Board determines that the agency or the board is responsible for the delay

in the resolution of the grievance. The Board may also extend

the 1-year limit if it determines that the delay is due to the complexity of the case, the unavailability of witnesses or to circumstances beyond the control of the agency, the Board or the

grievant. notwithstanding such suspension of action, the head

of the agency concerned or a chief of mission or principal officer

may exclude the grievant from official premises or from the performance of specified functions when such exclusion is determined in writing to be essential to the functioning of the post

or office to which the grievant is assigned. Notwithstanding the

first sentence of this paragraph, the Board’s authority to suspend such action shall not extend to instances where the Secretary, or his designee, has exercised his authority under subsection (a)(3) of section 610 or with respect to any action which

would delay the separation of an employee pursuant to a reduction in force conducted under section 611.

* * * * * * *

Arms Export Control Act

* * * * * * *

90

SEC. 3. ELIGIBILITY FOR.—(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)

of the Foreign Assistance Act of 1961 (22 USC 2314(a)(1) or (4)),

to a transfer of any major defense equipment valued (in terms of

its original acquisition cost) at 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—

* * * * * * *

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).¿

* * * * * * *

CHAPTER 2—FOREIGN MILITARY SALES AUTHORIZATIONS

SEC 21. SALES FROM STOCKS.—(a)(1) * * *

* * * * * * *

(h)(1) The President is authorized to provide (without charge)

quality assurance, inspection, contract administration services, and

contract audit defense services under this section—

(A) in connection with the placement or administration of

any contract or subcontract for defense articles, defense services, or design and construction services entered into after the

date of enactment of this subsection (enacted Oct. 29, 1979) by,

or under this Act on behalf of, a foreign government which is

a member of the North Atlantic Treaty Organization, if such

government provides such services in accordance with an

agreement on a reciprocal basis, without charge, to the United

States Government; or

(B) in connection with the placement or administration of

any contract or subcontract for defense articles, defense services, or design and construction services pursuant to the North

Atlantic Treaty Organization Security Investment program in

accordance with an agreement under which the foreign governments participating in such program provide such services,

without charge, in connection with similar contracts or subcontracts.

91

(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.

* * * * * * *

SEC. 36. REPORTS ON CONGRESSIONAL 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 (22 USC 2797c)), such report shall include a description of

the proposed export and rationale for approving such export, including the consistency of such export with United States missile

nonproliferation policy. Each such numbered certification shall contain an item indicating whether any offset agreement is proposed

to be entered into in connection with such letter of offer to sell (if

known on the date of transmittal of such certification). In addition,

the President shall, upon the request of such committee or the

Committee on Foreign Affairs of the House of Representatives,

92

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 equipment, ø$50,000,000¿

$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 President

determines it is appropriate, then the President shall submit to the

Speaker of the House of Representatives and the chairman of the

Committee on Foreign Relations of the Senate a new numbered

certification which relates to such enhancement or upgrade and

which shall be considered for purposes of this subsection as if it

were a separate letter of offer to sell defense equipment, articles,

or services, subject to all of the requirements, restrictions, and conditions set forth in this subsection. For purposes of this subparagraph, references in this subsection to sales shall be deemed to be

references to enhancements or upgrades in the sensitivity of technology or the capability of major defense equipment, articles, or

services, as the case may be.

* * * * * * *

(c)(1) 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 (22 USC 2761 or 2762)) 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

$100,000,000 or more (or, in the case of a defense article that is

a firearm controlled under category I of the United States Munitions List, $1,000,000 or more), and in other cases if the President

determines it is appropriate, before issuing such license the President shall transmit to the Speaker of the House of Representatives

and to the chairman of the Committee on Foreign Relations of the

Senate an unclassified numbered certification with respect to such

application specifying (A) the foreign country or international organization to which such export will be made, (B) the dollar amount

of the items to be exported, and (C) a description of the items to

be exported. Each such numbered certification shall also contain an

item indicating whether any offset agreement is proposed to be entered into in connection with such export and a description of any

such offset agreement. In addition, the President shall, upon the

request of such committee or the Committee on Foreign Affairs of

the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request, a description of the capabilities of the items to be exported,

93

an estimate of the total number of United States personnel expected to be needed in the foreign country concerned in connection

with the items to be exported and an analysis of the arms control

impact pertinent to such application, prepared in consultation with

the Secretary of Defense and a description from the person who has

submitted the license application of any offset agreement proposed

to be entered into in connection with such export (if known on the

date of transmittal of such statement). In a case in which such articles or services are listed on the Missile Technology Control Regime

Annex and are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in

section 74 (22 USC 2797c)), such report shall include a description

of the proposed export and rationale for approving such export, including the consistency of such export with United States missile

nonproliferation policy. A certification transmitted pursuant to this

subsection shall be unclassified, except that the information specified in clause (B) and the details of the description specified in

clause (C) may be classified if the public disclosure thereof would

be clearly detrimental to the security of the United States, in which

case the information shall be accompanied by a description of the

damage to the national security that could be expected to result

from public disclosure of the information.

(2) Unless the President states in his certification that an emergency exists which requires the proposed export in the national security interests of the United States, a license for export described

in paragraph (1)—

(A) in the case of a license for an export to the North Atlantic Treaty Organization, any member country of that Organization or Australia, Japan, or New Zealand, shall not be issued

until at least 15 calendar days after the Congress receives such

certification, and shall not be issued then if the Congress,

within that 15-day period, enacts a joint resolution prohibiting

the proposed export;

(B) in the case of a license for an export of a commercial

communications satellite for launch from, and by nationals of,

the Russian Federation, Ukraine, or Kazakhstan, shall not be

issued until at least 15 calendar days after the Congress receives such certification, and shall not be issued then if the

Congress, within that 15-day period, enacts a joint resolution

prohibiting the proposed export; and

(C) in the case of any other license, shall not be issued until

at least 30 calendar days after the Congress receives such certification, and shall not be issued then if the Congress, within

that 30-day period, enacts a joint resolution prohibiting the

proposed export.

If the President states in his certification that an emergency exists

which requires the proposed export in the national security interests of the United States, thus waiving the requirements of subparagraphs 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.

94

(d)(1)(A) In the case of an approval under section 38 of this Act

(22 USC 2778) of a United States commercial technical assistance

or manufacturing licensing agreement which involves the manufacture abroad of any item of significant combat equipment on the

United States Munitions List, before such approval is given, the

President shall submit a certification with respect to such proposed

commercial agreement in a manner similar to the certification required under subsection (c)(1) containing comparable information,

except that the last sentence of such subsection shall not apply to

certifications submitted pursuant to 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.

* * * * * * *

(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, (22 USC 2778)

if the Congress, within the 15-day or 30-day period specified in

paragraph (2)(A) or (B), as the case may be, enacts a joint resolution

prohibiting such approval.

* * * * * * *

SEC. 38. CONTROL OF ARMS EXPORTS AND IMPORTS.—(a) * * *

* * * * * * *

(j) REQUIREMENTS RELATING TO COUNTRY EXEMPTIONS FOR LI- CENSING OF DEFENSE ITEMS FOR EXPORT TO FOREIGN COUNTRIES.— (1) REQUIREMENT FOR BILATERAL AGREEMENT.—

* * * * * * *

(2) REQUIREMENTS OF BILATERAL AGREEMENT.—øA bilateral

agreement¿ Except as provided in paragraph (4), a bilateral

agreement referred to paragraph (1)—

* * * * * * *

(4) EXCEPTIONS FROM BILATERAL AGREEMENT REQUIREMENTS.—

(A) AUSTRALIA.—Subject to the provisions of section 2233

of the Foreign Assistance Authorization Act, Fiscal Year

2005, the requirements for a bilateral agreement described

in paragraph (2)(A) shall not apply to a bilateral agreeVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00094 Fmt 6659 Sfmt 6603 FY2005 SFORELA1 PsN: SFORELA1
95

ment between the United States Government and the Government of Australia with respect to transfers or changes in

end use of defense items within Australia that will remain

subject to the licensing requirements of this Act after such

agreement enters into force.

(B) UNITED KINGDOM.—Subject to the provisions of section 2233 of the Foreign Assistance Authorization Act, Fiscal Year 2005, the requirements for a bilateral agreement

described in paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii)

shall not apply to a bilateral agreement between the United

States Government and the Government of the United

Kingdom for an exemption from the licensing requirements

of this Act.

ø(4)¿(5) DEFINITIONS.—In this section:

* * * * * * *

Arms Control and Disarmament Act

* * * * * * *

VERIFICATION OF COMPLIANCE

SEC. 306.—(a) In general. In order to ensure that arms control,

nonproliferation, and disarmament agreements can be verified, the

Secretary of State shall report to Congress, on a timely basis, or

upon request by an appropriate committee of the Congress—

(1) in the case of any arms control, nonproliferation, or disarmament agreement or other formal commitment that has been

concluded by the United States, the determination of the Secretary of State as to the degree to which the components of

such agreement can be verified;

(2) in the case of any arms control, nonproliferation, or disarmament agreement or other formal commitment that has entered into force, any significant degradation or alteration in the

capacity of the United States to verify compliance of the components of such agreement;

* * * * * * *

øANNUAL REPORT TO CONGRESS¿

ANNUAL REPORTS TO CONGRESS

ø(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;

96

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;

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 (22 USC 6305(4))) by nonnuclear-weapon states (as defined in section 830(5) of that Act

(22 USC 6305(5))) or the acquisition by such states of

unsafeguarded special nuclear material (as defined in section

830(8) of that Act (22 USC 6305(8))), including—

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 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

97

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 conclusions 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) DISCUSSION OF UNRESOLVED ISSUES.—Each report required

by this section shall include a discussion of each significant issue

described in subsection (a)(6) that was contained in a previous report issued under this section during 1995, or after December 31,

1995, until the question or concern has been resolved and such resolution has been reported in detail to the appropriate committees

of Congress (as defined in section 1102(1) of the Arms Control,

Non-Proliferation, and Security Assistance Act of 1999 (22 USC

2652c note)).¿

SEC. 403. (a) REPORT ON OBJECTIVES AND NEGOTIATIONS.—Not

later than April 15 of each year, the President shall submit to the

Speaker of the House of Representatives and to the Chairman of the

Committee on Foreign Relations of the Senate a report prepared by

the Secretary of State in consultation with the Secretary of Defense,

the Secretary of Energy, the Director of Central Intelligence, and the

Chairman of the Joint Chiefs of Staff on the status of United States

policy and actions with respect to arms control, nonproliferation,

and disarmament. Such report shall include—

(1) a detailed statement concerning the arms control, nonproliferation, and disarmament objectives of the executive

branch of Government for the forthcoming year; and

(2) a detailed assessment of the status of any ongoing arms

control, nonproliferation, or disarmament negotiations, including a comprehensive description of negotiations or other activities during the preceding year and an appraisal of the status

and prospects for the forthcoming year.

(b) REPORT ON COMPLIANCE.—Not later than April 15 of each

year, the President shall submit to the Speaker of the House of Representatives and to the Chairman of the Committee on Foreign Relations of the Senate a report prepared by the Secretary of State with

the concurrence of the Director of Central Intelligence and in consultation with the Secretary of Defense, the Secretary of Energy, and

the Chairman of the Joint Chiefs of Staff on the status of United

States policy and actions with respect to arms control, nonproliferation, and disarmament compliance. Such report shall include— (1) a detailed assessment of adherence of the United States to

obligations undertaken in arms control, nonproliferation, and

disarmament agreements, including information on the policies

98

and organization of each relevant agency or department of the

United States to ensure adherence to such obligations, a description of national security programs with a direct bearing on

questions of adherence to such obligations and of steps being

taken to ensure adherence, and a compilation of any substantive questions raised during the preceding year and any

corrective action taken;

(2) a detailed assessment of the adherence of other nations to

obligations undertaken in all arms control, nonproliferation,

and disarmament agreements or commitments, including the

Missile Technology Control Regime, to which the United States

is a participating state, including information on actions taken

by each nation with regard to the size, structure, and disposition of its military forces in order to comply with arms control,

nonproliferation, or disarmament agreements or commitments,

and shall include, in the case of each agreement or commitment

about which compliance questions exist— (A) a description of each significant issue raised and efforts made and contemplated with the other participating

state to seek resolution of the difficulty;

(B) an assessment of damage, if any, to the United States

security and other interests;

(C) recommendations as to any steps that should be considered to redress any damage to United States national security and to reduce compliance problems; and

(D) for states that are not parties to such agreements or

commitments, a description of activities of concern carried

out by such states and efforts underway to bring such

states into adherence with such agreements or commitments;

(3) a discussion of any material noncompliance by foreign

governments with their binding commitments to the United

States with respect to the prevention of the spread of nuclear explosive devices (as defined in section 830(4) of the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 6305(4)) by non-nuclear-weapon states (as defined in section 830(5) of that Act (22

U.S.C. 6305(5)) or the acquisition by such states of

unsafeguarded special nuclear material (as defined in section

830(8) of that Act (22 U.S.C. 6305(8)), including—

(A) a net assessment of the aggregate military significance of all such violations;

(B) a statement of the compliance policy of the United

States with respect to violations of those commitments; and

(C) what actions, if any, the President has taken or proposes to take to bring any nation committing such a violation into compliance with those commitments; and

(4) a specific identification, to the maximum extent practicable in unclassified form, of each and every question that exists with respect to compliance by other countries with arms

control, nonproliferation, and disarmament agreements and

other formal commitments with the United States.

(c) CHEMICAL WEAPONS CONVENTION COMPLIANCE REPORT REQUIREMENT SATISFIED.—The report submitted pursuant to subsection (b) shall include the information necessary to satisfy condiVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00098 Fmt 6659 Sfmt 6603 FY2005 SFORELA1 PsN: SFORELA1
99

tion 10(C) of the resolution of advice and consent to the Convention

on the Prohibition of Development, Production, Stockpiling and Use

of Chemical Weapons and on Their Destruction, with annexes, done

at Paris, January 13, 1993, and entered into force April 29, 1997

(T. Doc. 103–21), approved by the Senate on April 24, 1997.

(d) CLASSIFICATION OF REPORT.—The reports required by this section shall be submitted in unclassified form, with classified annexes, as appropriate. The report portions described in paragraphs

(2) and (3) of subsection (b) shall summarize in detail, at least in

classified annexes, the information, analysis, and conclusions relevant to possible noncompliance by other nations that are provided

by United States intelligence agencies.

(e) REPORTING CONSECUTIVE NONCOMPLIANCE.—If the President

in consecutive reports submitted to the Congress under subsection

(b) reports that any nation is not in full compliance with its binding

nonproliferation commitments to the United States, then the President shall include in the second such report an assessment of what

actions are necessary to compensate for such violations.

(f) ADDITIONAL REQUIREMENT.—Each report required by subsection (b) shall include a discussion of each significant issue described in subsection (b)(4) that was contained in a previous report

issued under this section during 1995, or after December 31, 1995,

until the question or concern has been resolved and such resolution

has been reported in detail to the Committee on Foreign Relations

and the Select Committee on Intelligence of the Senate and the

Committee on International Relations and the Permanent Select

Committee on Intelligence of the House of Representatives.

* * * * * * *

State Department Basic Authorities Act of 1956

* * * * * * *

TITLE I—BASIC AUTHORITIES GENERALLY

ORGANIZATION OF THE DEPARTMENT OF STATE

* * * * * * *

SEC. 1. (a) SECRETARY OF STATE.—

* * * * * * *

(f) HIV/AIDS RESPONSE COORDINATOR.—

* * * * * * *

(VII) Directly approving all activities of the

United States (including funding) relating to combatting HIV/AIDS in each of Botswana, Cote

d’Ivoire, Ethiopia, Guyana, Haiti, India, Kenya,

Mozambique, Namibia, Nigeria, Rwanda, South

Africa, Tanzania, Uganda, Zambia, Antigua and

Barbuda, the Bahamas, Barbados, Belize, Dominica, Grenada, Jamaica, Montserrat, Saint Kitts

and Nevis, Saint Vincent and the Grenadines,

Saint Lucia, Suriname, Trinidad and Tobago, Dominican Republic, and other countries designated

by the President, which other designated counVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00099 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
100

tries may include those countries in which the

United States is implementing HIV/AIDS programs as of the date of the enactment of the

United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (enacted May

27, 2003).

* * * * * * *

SEC. 2. The Secretary of State, may use funds appropriated or

otherwise available to the Secretary to

(a)* * *

* * * * * * *

(k) provide maximum physical security in Governmentowned and leased properties and vehicles abroad; øand¿

(l) purchase special purpose passenger motor vehicles without regard to any price limitation otherwise established by

lawø.¿;

(m) pay obligations arising under international agreements,

conventions and binational contracts to the extent otherwise

authorized by lawø.¿;

(n) exercise the authority provided in subsection (c) of this

section, upon the request of the Secretary of Defense or the

head of any other department or agency of the United States,

to enter into personal service contracts with individuals to perform services in support of the Department of Defense or such

other department or agency, as the case may beø.¿; and

(o) make administrative corrections or adjustments to an employee’s pay, allowances, or differentials, resulting from mistakes or retroactive personnel actions, as well as provide back

pay and other categories of payments under section 5596 of title

5, United States Code, as part of the settlement or compromise

of administrative claims or grievances filed against the Department.

* * * * * * *

SEC. 4. (a) * * *

* * * * * * *

(b)(1) Expenditures described under subsection (a) shall be made

only for such activities as—

* * * * * * *

(2) Activities described in paragraph (1) include—

(A) * * *

* * * * * * *

(I) investigations and apprehension of groups or individuals

involved in fraudulent issuance of United States passports and

visas; 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 206 of the Foreign Relations Authorization Act, Fiscal Year 2005.

* * * * * * *

101

SPECIAL AGENTS

SEC. 37. (a) GENERAL AUTHORITY.—* * *

* * * * * * *

(d) ADMINISTRATIVE SUBPOENAS.— (1) IN GENERAL.—If the Secretary determines that there is an

imminent threat against a person, foreign mission, or international organization protected under the authority of subsection (a)(3), the Secretary may issue in writing, and cause to

be served, a subpoena requiring— (A) the production of any records or other items relevant

to the threat; and

(B) testimony by the custodian of the items required to be

produced concerning the production and authenticity of

those items.

(2) REQUIREMENTS.— (A) RETURN DATE.—A subpoena under this subsection

shall describe the items required to be produced and shall

specify a return date within a reasonable period of time

within which the requested items may be assembled and

made available. The return date specified may not be less

than 24 hours after service of the subpoena.

(B) NOTIFICATION TO ATTORNEY GENERAL.—As soon as

practicable following the issuance of a subpoena under this

subsection, the Secretary shall notify the Attorney General

of its issuance.

(C) OTHER REQUIREMENTS.—The following provisions of

section 3486 of title 18, United States Code, shall apply to

the exercise of the authority of paragraph (1):

(i) Paragraphs (4) through (8) of subsection (a).

(ii) Subsections (b), (c), and (d).

(3) DELEGATION OF AUTHORITY.—The authority under this

subsection may be delegated only to the Deputy Secretary of

State.

(4) ANNUAL REPORT.—Not later than February 1 of each year,

the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report regarding the exercise of the authority under this subsection during the previous

calendar year.

SEC. 37A. PROTECTION OF BUILDINGS AND AREAS IN THE UNITED

STATES BY DESIGNATED LAW ENFORCEMENT OFFICERS.

(a) DESIGNATION OF LAW ENFORCEMENT OFFICERS.—The Secretary of State may designate Department of State uniformed

guards as law enforcement officers for duty in connection with the

protection of buildings and areas within the United States for

which the Department of State provides protective services, including duty in areas outside the property to the extent necessary to protect the property and persons on the property.

(b) POWERS OF OFFICERS.—While engaged in the performance of

official duties as a law enforcement officer designated under subsection (a), an officer may—

(1) enforce Federal laws and regulations for the protection of

persons and property;

102

(2) carry firearms; and

(3) make arrests without warrant for any offense against the

United States committed in the officer’s presence, or for any felony cognizable under the laws of the United States if the officer

has reasonable grounds to believe that the person to be arrested

has committed or is committing such felony in connection with

the buildings and areas, or persons, for which the Department

of State is providing protective services.

(c) REGULATIONS.—(1) The Secretary of State may prescribe regulations necessary for the administration of buildings and areas

within the United States for which the Department of State provides

protective services. The regulations may include reasonable penalties, within the limits prescribed in subsection (d), for violations

of the regulations.

(2) The Secretary shall consult with the Secretary of Homeland

Security in prescribing the regulations under paragraph (1).

(3) The regulations shall be posted and kept posted in a conspicuous place on the property.

(d) PENALTIES.—A person violating a regulation prescribed under

subsection (c) shall be fined under title 18, United States Code, or

imprisoned for not more than 30 days, or both.

(e) TRAINING OFFICERS.—The Secretary of State may also designate firearms and explosives training officers as law enforcement

officers under subsection (a) for the limited purpose of safeguarding

firearms, ammunition, and explosives that are located at firearms

and explosives training facilities approved by the Secretary or are

in transit between training facilities and Department of State weapons and munitions vaults.

(f) ATTORNEY GENERAL APPROVAL.—The powers granted to officers designated under this section shall be exercised in accordance

with guidelines approved by the Attorney General.

(g) RELATIONSHIP OF OTHER AUTHORITY.—Nothing in this section

shall be construed to affect the authority of the Secretary of Homeland Security, the Administrator of General Services, or any Federal

law enforcement agency.

* * * * * * *

EXPENSES RELATING TO PARTICIPATION IN ARBITRATIONS

OF CERTAIN DISPUTES

SEC. 38. (a) * * *

* * * * * * *

(d) INTERNATIONAL LITIGATION FUND.—

(1) ESTABLISHMENT.— ***

(2) REPROGRAMMING PROCEDURES.— ***

(3) TRANSFERS OF FUNDS.—Funds received by the Department of State as a result of a decision of an international tribunal, from another agency of the United States Government,

or pursuant to the Department of State Appropriations Act of

1937 (49 Stat. 1321, 22 U.S.C. 2661) to meet costs of preparing

or prosecuting a proceeding before an international tribunal, or

103

a claim by or against a foreign government or other foreign entity, shall be credited to the ILF.

* * * * * * *

SEC. 59. THE UNITED STATES DIPLOMACY CENTER.

(a) ACTIVITIES.—

(1) SUPPORT AUTHORIZED.—The Secretary of State is authorized to provide by contract, grant, or otherwise, for the performance of appropriate museum visitor and educational outreach

services, including organizing conference activities, museum

shop services, and food services, in the public exhibit and related space utilized by the United States Diplomacy Center (in

this section referred to as the ‘‘Center’’).

(2) PAYMENT OF EXPENSES.—The Secretary may pay all reasonable expenses of conference activities conducted by the Center, including refreshments and reimbursement of travel expenses incurred by participants.

(3) RECOVERY OF COSTS.—Any revenues generated under the

authority of paragraph (1) for visitor services may be retained,

as a recovery of the costs of operating the Center, and credited

to any Department of State appropriation.

(b) DISPOSITION OF UNITED STATES DIPLOMACY CENTER ARTIFACTS AND MATERIALS.—

(1) PROPERTY OF SECRETARY.—All historic documents, artifacts, or other articles permanently acquired by the Department

of State and determined by the Secretary to be suitable for display in the Center shall be considered to be the property of the

Secretary in the Secretary’s official capacity and shall be subject to disposition solely in accordance with this subsection.

(2) SALE OR TRADE.—Whenever the Secretary makes the determination under paragraph (3) with respect to an item, the Secretary may sell at fair market value, trade, or transfer the item,

without regard to the requirements of subtitle I of title 40,

United States Code. The proceeds of any such sale may be used

solely for the advancement of the Center’s mission and may not

be used for any purpose other than the acquisition and direct

care of collections.

(3) DETERMINATIONS PRIOR TO SALE OR TRADE.—The determination referred to in paragraph (2), with respect to an item,

is a determination that—

(A) the item no longer serves to further the purposes of

the Center established in the collections management policy

of the Center; or

(B) in order to maintain the standards of the collections

of the Center, the sale or exchange of the item would be a

better use of the item.

(4) LOANS.—The Secretary may also lend items covered by

paragraph (1), when not needed for use or display in the Center, to the Smithsonian Institution or a similar institution for

repair, study, or exhibition.

* * * * * * *

104

Foreign Relations Authorization Act,

Fiscal Year 2003

* * * * * * *

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

SUBTITLE A—BASIC AUTHORITIES AND ACTIVITIES

* * * * * * *

SEC. 215. REPORT CONCERNING EFFORTS TO PROMOTE ISRAEL’S DIPLOMATIC RELATIONS WITH OTHER COUNTRIES.

(a) FINDINGS.—* * *

* * * * * * *

(b) REPORT CONCERNING UNITED STATES EFFORTS TO PROMOTE

ISRAEL’S DIPLOMATIC RELATIONS WITH OTHER COUNTRIES.—Not

later than 60 days after the date of the enactment of this Act, and

again not later than 60 days after the date of the enactment of the

Foreign Relations Authorization Act, Fiscal Year 2004, the Secretary shall submit a report to the appropriate congressional committees that includes the following information (in classified or unclassified form, as appropriate):

(1) * * *

* * * * * * *

SUBTITLE B—EDUCATIONAL, CULTURAL, AND PUBLIC

DIPLOMACY AUTHORITIES

* * * * * * *

SEC. 224. ADVISORY COMMITTEE ON CULTURAL DIPLOMACY.

(a) ESTABLISHMENT.—***

* * * * * * *

(j) TERMINATION.—The Advisory Committee shall terminate September 30, ø2005¿ 2007.

* * * * * * *

TITLE IV—INTERNATIONAL ORGANIZATIONS

* * * * * * *

øSEC. 408. UNITED STATES MEMBERSHIP ON THE UNITED NATIONS

COMMISSION ON HUMAN RIGHTS AND INTERNATIONAL

NARCOTICS CONTROL BOARD.¿

SEC. 408. MEMBERSHIP ON UNITED NATIONS COMMISSIONS AND

COUNCILS AND THE INTERNATIONAL NARCOTICS CONTROL BOARD.

The United States, in connection with its voice and vote in the

United Nations General Assembly and the United Nations Economic and Social Council, shall make every reasonable effort—

(1) to secure a seat for the United States on the United Nations Commission on Human Rights;

(2) to secure a seat for a United States national on the

United nations International Narcotics Control Board; øand¿

ø(3) to prevent membership on the Human Rights Commission by any member nation the government of which, in the

105

judgment of the Secretary, based on the Department’s Annual

Country Reports on Human Rights and the Annual Report on

International Report on International Religious Freedom, consistently violates internationally recognized human rights or

has engaged in or tolerated particularly severe violations of religious freedom in that country.¿

(3) to prevent membership on the United Nations Commission

on Human Rights or the United Nations Security Council by— (A) any member nation the government of which, in the

judgment of the Secretary, based on the Department’s Annual Country Reports on Human Rights and the Annual

Report on International Report on Religious Freedom, consistently violates internationally recognized human rights

or has engaged in or tolerated particularly severe violations

of religious freedom in that country; or

(B) any member nation the government of which, as determined by the Secretary— (i) is a sponsor of terrorism; or

(ii) is the subject of United Nations sanctions; and

(4) to advocate that the government of any member nation

that the Secretary determines is a sponsor of terrorism or is the

subject of United Nations sanctions is not elected to a leadership position in the United Nations General Assembly, the

United Nations Commission on Human Rights, the United Nations Security Council, or any other entity of the United Nations.

* * * * * * *

SEC. 694. REPORTS ON ACTIVITIES IN COLOMBIA.

(a) * * *

* * * * * * *

(c) REPORT CONSOLIDATION.—The Secretary may satisfy the annual reporting requirements of this section by incorporating the required information with the annual report submitted pursuant to

section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C.

2291h(a)).

* * * * * * *

TITLE XVI—MISCELLANEOUS PROVISIONS

SEC. 1601. NUCLEAR AND MISSILE NONPROLIFERATION IN SOUTH

ASIA.

(a) UNITED STATES POLICY.—

* * * * * * *

ø(c) REPORT.—Not later than March 1, 2003, the President shall

submit to the appropriate congressional committees a report describing United States efforts to achieve the objectives listed in

subsections (a) and (b), the progress made toward the achievement

of those objectives, and the likelihood that each objective will be

achieved by September 30, 2003.¿

(c) REPORT.—The report required to be submitted to Congress not

later than April 1, 2005 pursuant to section 620F(c) of the Foreign

Assistance Act of 1961 (22 U.S.C. 2376(c)) shall include a descripVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00105 Fmt 6659 Sfmt 6603 FY2005 SFORELA1 PsN: SFORELA1
106

tion of the efforts of the United States Government to achieve the objectives described in subsections (a) and (b), the progress made toward achieving such objectives, and the likelihood that such objectives will be achieved by September 30, 2005.

* * * * * * *

Foreign Relations Authorization Act,

Fiscal Year 1998–1999

* * * * * * *

TITLE XXIII—ORGANIZATION OF THE DEPARTMENT OF STATE;

DEPARTMENT OF STATE PERSONNEL; THE FOREIGN SERVICE

CHAPTER 2—PERSONNEL OF THE DEPARTMENT OF STATE; THE

FOREIGN SERVICE

SEC. 2311. FOREIGN SERVICE REFORM.

(a) PERFORMANCE PAY.— * * *

* * * * * * *

(b) EXPEDITED SEPARATION OUT.—

(1) SEPARATION OF LOWEST RANKED FOREIGN SERVICE MEMBERS.—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.

* * * * * * *

Foreign Relations Authorization Act,

Fiscal Years 1994 and 1995

TITLE I—DEPARTMENT OF STATE AND RELATED AGENCIES

* * * * * * *

PART B—AUTHORITIES AND ACTIVITIES

* * * * * * *

SEC. 140. VISAS.

(A) SURCHARGE FOR PROCESSING CERTAIN VISAS.—

(1) Notwithstaning any other provision of law, the Secretary

of State is authorized to charge a fee or surcharge for processing machine readable nonimmigrant visas and machine

readable combined border crossing indentification cards and

nonimmigrant visas.

(2) Fees collected under the authority of paragraph (1) shall

be deposited as an offsetting collection to any Department of

107

State appropriation, to recover the costs of providing consular

services. Such fees shall remain available for obligation until

expended and shall not be transferred to any other agency, except that funds may be transferred by the Secretary for the procurement of goods and services from other departments or agencies pursuant to section 1535 of title 31, United States Code.

* * * * * * *

SEC. 404. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEPING OPERATIONS.

* * * * * * *

(b) LIMITATION ON UNITED STATES CONTRIBUTIONS.— ***

(1) * * *

(2) SUBSEQUENT FISCAL YEARS.— ***

* * * * * * *

(B) REDUCTION IN UNITED STATES SHARE OF ASSESSED CONTRIBUTIONS.— ***

(i)–(iv) * * *

(v) For assessments made during a calendar year after

calendar year 2004, 27.40 percent.

* * * * * * *

SEC. 527.—EXPROPRIATION OF UNITED STATES PROPERTY.—(a)

PROHIBITION.— ***

* * * * * * *

(h) DEFINITIONS.— ***

(i) CERTAIN CLAIMS FOR EXPROPRIATION BY THE GOVERNMENT OF

NICARAGUA.—

(1) MATTERS NOT TO BE CONSIDERED.—Any action described

in subsection (a)(1) that was taken by the Government of Nicaragua during the period beginning on January 1, 1956, and

ending on January 9, 2002, may not be considered in implementing the prohibition under subsection (a) unless the action

has been presented in accordance with the procedure set forth

in paragraph (2).

(2) ACTIONS PRESENTED.—An action shall be deemed presented for purposes of paragraph (1) if, not later than 120 days

after the date prescribed under paragraph (3), a written description of the action is— (A) submitted to the Secretary of State by a United States

person; and

(B) received by the Department of State at—

(i) the headquarters of the Department of State in

Washington, District of Columbia; or

(ii) the Embassy of the United States of America to

Nicaragua.

(3) TIME FOR PRESENTATION.—The Secretary of State shall

prescribe the date on which the presentation deadline is based

for the purposes of paragraph (2) and shall publish a notice of

such date in the Federal Register. The prescribed date may be

any date selected by the Secretary in the Secretary’s sole discreVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00107 Fmt 6659 Sfmt 6603 FY2005 SFORELA1 PsN: SFORELA1
108

tion, except that such date may not be the date on which this

subsection takes effect or any date before such effective date.

* * * * * * *

Foreign Operations, Export Financing, and

Related Programs Appropriations Act, 2001

* * * * * * *

SEC. 801. DEBT RELIEF UNDER THE HEAVILY INDEBTED POOR COUNTRIES (HIPC) INITIATIVE.

(a) * * *

(b) CONTRIBUTIONS TO HIPC TRUST FUND.— ø(1) AUTHORIZATION OF APPROPRIATIONS FOR CONTRIBUTIONS.— There is authorized to be appropriated for the period beginning

October 1, 2000, and ending September 30, 2003, $435,000,000

for purposes of United States contributions to the Heavily Indebted Poor Countries (HIPC) Trust Fund administered by the

Bank.¿

(1) AUTHORIZATION OF APPROPRIATIONS FOR CONTRIBU- TIONS.—There is authorized to be appropriated for purposes of

United States contributions to the Heavily Indebted Poor Countries (HIPC) Trust Fund administered by the Bank amounts as

follows:

(A) For the period beginning October 1, 2000, and ending September 30, 2003, $435,000,000.

(B) For the period beginning October 1, 2004, and ending September 30, 2006, $75,000,000.

* * * * * * *

Millennium Challenge Act of 2003

* * * * * * *

SEC. 616. ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES.

(a) AUTHORIZATION.—

* * * * * * *

ø(d) FUNDING.—Not more than 10 percent of the amount appropriated pursuant to the authorization of appropriations under section 619(a) for fiscal year 2004 is authorized to be made available

to carry out this section.¿

(d) FUNDING.—Amounts may be available to carry out this subsection as follows:

(1) Not more than 10 percent of the amount appropriated pursuant to the authorization of appropriations under section

619(a) for fiscal year 2004 is authorized to be made available

to carry out this section.

(2) Not more than 10 percent of the amount appropriated pursuant to the authorization of appropriations under section

619(a) for fiscal year 2005 is authorized to be made available

to carry out this section.

* * * * * * *

109

SEC. 619. AUTHORIZATION OF APPROPRIATIONS.

ø(a) Authorization of Appropriations.—There are authorized to be

appropriated to carry out this title such sums as may be necessary

for each of the fiscal years 2004 and 2005.¿

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to

be appropriated to carry out this title— (1) such sums as may be necessary for fiscal year 2004; and

(2) $2,000,000,000 for fiscal year 2005.

* * * * * * *

Asia Foundation Act

* * * * * * *

FUNDING

øSEC. 404. AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of State $15,000,000

for each of the fiscal years 2000 and 2001 for grants to The Asia

Foundation pursuant to this title.¿

SEC. 404. There are authorized to be appropriated to the Secretary of State $8,880,000 for the fiscal year 2005 for grants to The Asia

Foundation pursuant to this title.

Foreign Operations, Export Financing, and

Related Programs Appropriations Act, 2001

* * * * * * *

SEC. 801. DEBT RELIEF UNDER THE HEAVILY INDEBTED POOR COUNTRIES (HIPC) INITIATIVE.

(a) * * *

(b) CONTRIBUTIONS TO HIPC TRUST FUND.—

ø(1) AUTHORIZATION OF APPROPRIATIONS FOR CONTRIBUTIONS.—

There is authorized to be appropriated for the period beginning

October 1, 2000, and ending September 30, 2003, $435,000,000

for purposes of United States contributions to the Heavily Indebted Poor Countries (HIPC) Trust Fund administered by the

Bank.¿

(1) AUTHORIZATION OF APPROPRIATIONS FOR CONTRIBUTIONS.—There is authorized to be appropriated for purposes of

United States contributions to the Heavily Indebted Poor Countries (HIPC) Trust Fund administered by the Bank amounts as

follows:

(A) For the period beginning October 1, 2000, and ending

September 30, 2003, $435,000,000.

(B) For the period beginning October 1, 2004, and ending

September 30, 2006, $75,000,000.

* * * * * * *

Foreign Operations, Export Financing, and

Related Programs Appropriations Act, 2004

* * * * * * *

110

POST DIFFERENTIALS AND DANGER PAY ALLOWANCES

SEC. 591. (a) * * *

* * * * * * *

ø(c) Except for employees of the United States Agency for International Development stationed in Iraq and Afghanistan, the

amendments made by subsections (a) and (b) shall not take effect

until the same authority is enacted for employees of the Department of State.¿

* * * * * * *

United States Code

TITLE 1—GENERAL PROVISIONS

CHAPTER 2—ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT;

REPEALS; SEALING OF INSTRUMENTS

* * * * * * *

SEC. 112b.—UNITED STATES INTERNATIONAL AGREEMENTS; TRANSMISSION TO CONGRESS.

(a) The Secretary of State shall transmit to the 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.

* * * * * * *

111

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

* * * * * * *

CHAPTER 7—ASSAULT

* * * * * * *

SEC. 117. INTERFERENCE WITH CERTAIN PROTECTIVE FUNCTIONS.

Whoever knowingly and willfully obstructs, resists, or interferes

with a Federal law enforcement agent engaged, within the United

States or the special maritime territorial jurisdiction of the United

States, in the performance of the protective functions authorized by

section 37 of the State Department Basic Authorities Act of 1956 (22

U.S.C. 2709) or section 103 of the Diplomatic Security Act (22

U.S.C. 4802) shall be fined under this title or imprisoned not more

than one year, or both.

* * * * * * *

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

* * * * * * *

PART III—EMPLOYEES

* * * * * * *

SUBPART D—PAY AND ALLOWANCES

CHAPTER 59—ALLOWANCES

* * * * * * *

SUBCHAPTER III—OVERSEAS DIFFERENTIALS AND ALLOWANCES

* * * * * * *

SEC. 5924. COST-OF-LIVING ALLOWANCES.

* * * * * * *

(A) An allowance not to exceed the cost of obtaining such

kindergarten, elementary and secondary educational services

as are ordinarily provided without charge by the public schools

in the United States (including activities required for successful

completion of a grade or course and such educational services

as are provided by the States under the Individuals with Disabilities Education Act), plus, in those cases when adequate

schools are not available at the post of the employee, board and

room, and periodic transportation between that post and the

school chosen by the employee, 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

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

112

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

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.

* * * * * * *

113

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.

* * * * * * *

SUBPART G—INSURANCE AND ANNUITIES

CHAPTER 83—RETIREMENT

SUBCHAPTER III—CIVIL SERVICE RETIREMENT

SEC. 8332. CREDITABLE SERVICE.

(a) The total service of an employee or Member is the full years

and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any.

(b) The service of an employee shall be credited from the date of

original employment to the date of separation on which title to annuity is based in the civilian service of the Government. Except as

provided in paragraph (13) of this subsection, credit may not be allowed for a period of separation from the service in excess of 3 calendar days. The service includes—

* * * * * * *

114

(11) subject to sections 8334(c) and 8339(i) of this title, service in any capacity of at least 130 days (or its equivalent) per

calendar year performed after July 1, 1946, for the National

Committee for a Free Europe; Free Europe Committee, Incorporated; Free Europe, Incorporated; Radio Liberation Committee; Radio Liberty Committee; subdivisions of any of those

organizations; Radio Free Europe/Radio Liberty, Incorporated,

Radio Free Asia; the Asia Foundation; Middle East Broadcasting Network or the Armed Forces Network, Europe (AFN– E), but only if such service is not credited for benefits under

any other retirement system which is established for such entities and funded in whole or in part by the Government and

only if the individual later becomes subject to this subchapter;

* * * * * * *

United Nations Participation Act of 1945

* * * * * * *

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

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

115

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 may not make available living quarters or allowances under subsection (a) to an employee who is occupying living quarters that are owned by such employee.

(c) Living quarters and allowances provided under subsection (a)

shall be considered for all purposes as authorized—

(1) by chapter 9 of title I of the Foreign Service Act of 1980;

and

(2) by section 5913 of title 5, United States Code.

116

(d) The Inspector General for the Department of State and the

Broadcasting Board of Governors shall periodically review the administration of this section with a view to achieving cost savings

and developing appropriate recommendations to make to the Secretary of State regarding the administration of this section.

* * * * * * *

The Peace Corps Act

* * * * * * *

TITLE I—THE PEACE CORPS

* * * * * * *

PEACE CORPS AS AN INDEPENDENT AGENCY

SEC. 2A. Effective on the date of the enactment of the International Security and Development Cooperation Act of 1981, the

Peace Corps shall be an independent agency within the executive

branch and shall not be an agency within the ACTION Agency, the

successor to the ACTION Agency, or any other department or agency of the United States. As the Peace Corps is an independent agency, all recruiting of volunteers shall be undertaken primarily by the

Peace Corps.

AUTHORIZATION

SEC. 3. (a) The President is authorized to carry out programs in

furtherance of the purposes of this Act, on such terms and conditions as he may determine.

(b)(1) There are authorized to be appropriated to carry out the

purposes of this Act ø$270,000,000 for fiscal year 2000, $298,000,000 for fiscal year 2001, $327,000,000 for fiscal year 2002,

and $365,000000 for fiscal year 2003,¿ $359,000,000 for fiscal year

2004, $351,000,000 for fiscal year 2005, $443,000,000 for fiscal year 2006, and $485,000,000 for fiscal year 2007.

* * * * * * *

PEACE CORPS VOLUNTEERS

SEC. 5.(a) * * *

* * * * * * *

(c) Volunteers shall be entitled to receive a readjustment allowance at a rate not less than ø$125¿ $275 for each month of satisfactory service as determined by the President. The readjustment

allowance of each volunteer shall be payable on his return to the

United States: Provided, however, That, under such circumstances

as the President may determine, the accrued readjustment allowance, or any part thereof, may be paid to the volunteer, members

of his family or others, during the period of his service, or prior to

his return to the United States. In the event of the volunteer’s

death during the period of his service, the amount of any unpaid

readjustment allowance shall be paid in accordance with the provisions of section 5582(b) of title 5, United States Code. For purposes

of the Internal Revenue Code of 1954 (26 U.S.C.), a volunteer shall

117

be deemed to be paid and to receive each amount of a readjustment

allowance to which he is entitled after December 31, 1964, when

such amount is transferred from funds made available under this

Act to the fund from which such readjustment allowance is payable.

* * * * * * *

(g) The President may detail or assign volunteers or otherwise

make them available to any entity referred to in paragraph (1) of

section 10(a) on such terms and conditions as he may determine:

Provided, That such detail or assignment does not contradict the

standing of Peace Corps volunteers as being independent: Provided

further, That not to exceed two hundred volunteers may be assigned to carry out secretarial or clerical duties on the staffs of the

Peace Corps representatives abroad: Provided, however, That any

volunteer so detailed or assigned shall continue to be entitled to

the allowances, benefits and privileges of volunteers authorized

under or pursuant to this Act.

* * * * * * *

PEACE CORPS VOLUNTEER LEADERS

SEC. 6. The President may enroll in the Peace Corps qualified

citizens or nationals of the United States whose services are required for supervisory or other special duties or responsibilities in

connection with programs under this Act (referred to in this Act as

‘‘volunteer leaders’’). The ratio of the total number of volunteer

leaders to the total number of volunteers in service at any one time

shall not exceed one to twenty-five. Except as otherwise provided

in this Act, all of the provisions of this Act applicable to volunteers

shall be applicable to volunteer leaders, and the term ‘‘volunteers’’

shall include ‘‘volunteer leaders’’: Provided, however, That—

(1) volunteer leaders shall be entitled to receive a readjustment allowance at a rate not less than ø$125¿ $275 for each

month of satisfactory service as determined by the President;

* * * * * * *

REPORTS

øSEC. 11. The President shall transmit to the Congress, at least

once in each fiscal year, a report on operations under this Act.

Each report shall contain information describing efforts undertaken

to improve coordination of activities of the Peace Corps with activities of international voluntary service organizations, such as the

United Nations volunteer program, and of host country voluntary

service organizations, including—

ø(1) a description of the purpose and scope of any development project which the Peace Corps undertook during the preceding fiscal year as a joint venture with any such international or host country voluntary service organizations; and

ø(2) recommendations for improving coordination of development projects between the Peace Corps and any such international or host country voluntary service organizations.

118

øThe President shall also include in the report a description of

any plans to carry out the policy set forth in section 2(b) of this

Act.¿

SEC. 11. ANNUAL REPORTS; CONSULTATIONS ON NEW INITIATIVES.

(A) ANNUAL REPORTS.—The Director shall transmit to Congress,

at least once in each fiscal year, a report on operations under this

Act. Each report shall contain— (1) a description of efforts undertaken to improve coordination of activities of the Peace Corps with activities of international voluntary service organizations, such as the United

Nations volunteer program, and of host country voluntary service organizations, including— (A) a description of the purpose and scope of any development project which the Peace Corps undertook during the

preceding fiscal year as a joint venture with any such international or host country voluntary service organizations;

and

(B) recommendations for improving coordination of development porjects between the Peace Corps and any such

international or host country voluntary service organizations;

(2) a description of—

(A) any major new initiatives that the Peace Corps has

under review for the upcoming fiscal year, and any major

initiatives that were undertaken in the provious fiscal year

that were not included in prior reports to Congress;

(B) the rationale for undertaking such new initiatives;

(C) an estimate of the cost of such initiatives; and

(D) any impact such initiatives may have on the safety of

volunteers; and

(3) a description of standard security procedures for any

country in which the Peace Corps operates programs or is considering doing so, as well as any special security procedures

contemplated because of changed circumstances in specific

countries, and assessing whether security conditions would be

enhanced—

(A) by colocating volunteers with international or local

nongovernmental organizations; or

(B) with the placement of multiple volunteers in one location.

(b) CONSULTATIONS ON NEW INITIATIVES.—The Director of the

Peace Corps should consult with the Committee on Foreign Relations of the Senate and the Committee on International Relations of

the House of Representatives with respect to any major new initiatives not previously discussed in the latest annual report submitted

to Congress under subsection (a) or in budget presentations. Whenever possible, such consultations should take place prior to the initiation of such initiatives, but in any event as soon as is practicable

thereafter.

PEACE CORPS NATIONAL ADVISORY COUNCIL

SEC. 12. (a) ESTABLISHMENT.—* * *

* * * * * * *

119

(b) FUNCTIONS.—

(1) * * *

(2) Members of the Council shall (subject to subsection (d)(1)

of this section) conduct on-site inspections, and make examinations, of the activities of the Peace Corps in the United States

and in other countries in order to—

(A)* * *

* * * * * * *

ø(D) make such other evaluations, assessments, and recommendations as the Council considers appropriate.¿

(D) make recommendations for utilizing the expertise of returned Peace Corps volunteer in fulfilling the goals of the Peace

Corps.

(3) The Council may provide for public participation in its activities.

(c) MEMBERSHIP.—(1) Persons appointed as members of the

Council shall be broadly representative of the general public, including educational institutions, private volunteer agencies, private

industry, farm organizations, labor unions, different regions of the

United States, different educational, economic, racial, and national

backgrounds and age groupings, and both sexes.

(2)(A) The Council shall consist of øfifteen¿ seven voting members who shall be appointed by the President, by and with the advice and consent of the Senate. øAt least seven of such members

shall be former Peace Corps volunteers, and not more than eight

of such members shall be members of the same political party.¿

Four of the members shall be former Peace Corps volunteers, at

least one of whom shall have been a former staff member abroad

or in the Washington headquarters, and not more than four shall

be members of the same political party.

ø(B) The first appointments of members of the Council under this

paragraph shall be made not more than sixty days after the date

of the enactment of this section and, solely for purposes of determining the expiration of their terms, shall be deemed to take effect

on the sixtieth day after such date of enactment.¿

ø(C)¿ (B) No member appointed under this paragraph may be an

officer or employee of the United States Government.

ø(D) Of the members initially appointed under this paragraph,

eight shall be appointed to 1-year terms and seven shall be appointed to 2-year terms. Thereafter, all appointed members shall be

appointed to 2-year terms.¿

ƒ(D)≈ (C) The members of the Council shall be appointed for 2-

year terms.

ø(E)¿ (D) A member of the Council appointed to fill a vacancy occurring before the expiration of the term for which the member’s

predecessor was appointed shall be appointed only for the remainder of that term.

ø(F)¿ (E) No member of the Council may serve for more than two

consecutive 2-year terms.

ø(G)¿ (F) Members of the Council shall serve at the pleasure of

the President.

ø(H) An appointed member of the Council may be removed by a

vote of nine members for malfeasance in office, for persistent neVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00119 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
120

glect of or inability to discharge duties, or for offenses involving

moral turpitude, and for no other cause.¿

ø(I)¿ (G) Within thirty days after any vacancy occurs in the office

of an appointed member of the Council, the President shall nominate an individual to fill the vacancy.

* * * * * * *

ø(g) CHAIR AND VICE CHAIR.—At its first meeting and at its first

regular meeting in each calendar year thereafter, the Council shall

elect a Chair and Vice Chair from among its appointed members

who are citizens of the United States. The Chair and Vice Chair

may not both be members of the same political party.¿

(g) CHAIR.—The President shall designate one of the voting members of the Council as Chair, who shall serve in that capacity for

a period not to exceed two years.

ø(h) MEETINGS, BYLAWS, AND REGULATIONS.—(1) The Council

shall hold a regular meeting during each calendar quarter and

shall meet at the call of the President, the Director of the Peace

Corps, the Council’s Chair, or one-fourth of its members.

ø(2) The Council shall prescribe such bylaws and regulations as

it considers necessary to carry out its functions. Such bylaws and

regulations shall include procedures for fixing the time and place

of meetings, giving or waiving of notice of meetings, and keeping

of minutes of meetings.¿

(h) MEETINGS.—The Council shall hold a regular meeting during

each calendar quarter at a date and time to be determined by the

Chair of the Council.

ø(i) REPORTS TO THE PRESIDENT AND THE DIRECTOR.—Not later

than January 1, 1988, and not later than January 1 of each second

year thereafter, the Council shall submit to the President and the

Director of the Peace Corps a report on its views on the programs

and activities of the Peace Corps. Each report shall contain a summary of the advice and recommendations provided by the Council

to the President and the Director during the period covered by the

report and such recommendations (including recommendations for

administrative or legislative action) as the Council considers appropriate to make to the Congress. Within ninety days after receiving

each such report, the President shall submit to the Congress a copy

of the report, together with any comments concerning the report

that the President or the Director considers appropriate.¿

(i) REPORT.—Not later than July 30 of each year, the Council

shall submit a report to the President and the Director of the Peace

Corps describing how the Council has carried out its functions

under subsection (b)(2).

* * * * * * *

Foreign Assistance Act of 1969

* * * * * * *

PART IV—THE INTER-AMERICAN FOUNDATION ACT

* * * * * * *

121

SEC. 401. INTER-AMERICAN FOUNDATION.—(a) * * *

* * * * * * *

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 reain

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 is authorized to be appropriated $15,185,000 for fiscal

year 2005 to carry out this section. Amounts appropriated pursuant

to the authorization in this subsection are authorized to remain

available until expended.

* * * * * * *

Security Assistance Act of 2000

* * * * * * *

SEC. 513. ASSISTANCE FOR ISRAEL.

(a) DEFINITIONS.— ***

* * * * * * *

(b) ESF ASSISTANCE.—

(1) IN GENERAL.—Of the amounts made available for øeach

of the fiscal years 2002 and 2003¿ fiscal year 2005 for ESF assistance, the amount specified in paragraph (2) for øeach such¿

such fiscal year is authorized to be made available for Israel.

Such funds are authorized to be made available on a grant

basis as a cash transfer.

* * * * * * *

(c) FMF PROGRAM.— (1) IN GENERAL.—Of the amount made available for øeach of

the fiscal years 2002 and 2003¿ fiscal year 2005 for assistance

under the Foreign Military Financing Program, the amount

specified in paragraph (2) for øeach such¿ such fiscal year is

authorized to be made available on a grant basis for Israel.

(2) COMPUTATION OF AMOUNT.—Subject to subsection (d), the

amount referred to in paragraph (1) is equal to—

(A) the amount made available for assistance under the

Foreign Military Financing Program for Israel for the preceding fiscal year, plus

(B) $60,000,000.

(3) DISBURSEMENT OF FUNDS.—øFunds authorized to be

available for Israel under subsection (b)(1) and paragraph (1)

of this subsection for fiscal years 2002 and 2003 shall be disbursed not later than 30 days after the date of the enactment

of an Act making appropriations for foreign operations, export

financing, and related programs for fiscal year 2001, or October

31, 2000, whichever date is later¿ Funds authorized to be

122

available for Israel under subsection (b)(1) and paragraph (1)

for fiscal year 2005 shall be disbursed not later than 30 days

after the date of the enacment of an Act making appropriations

for foreign operations, export financing, and related programs

for fiscal year 2005, or October 31, 2004, whichever is later. (4) AVAILABILITY OF FUNDS FOR ADVANCED WEAPONS SYS- TEMS.—To the extent the Government of Israel requests that

funds be used for such purposes, grants made available for

Israel out of funds authorized to be available under paragraph

(1) for Israel for øfiscal years 2002 and 2003¿ fiscal year 2005

shall, as agreed by Israel and the United States, be available

for advanced weapons systems, of which not less than

ø$535,000,000 for fiscal year 2002 and not less that

$550,000,000 for fiscal year 2003¿ $580,000,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development.

(d) EXCLUSION OF RESCISSIONS AND SUPPLEMENTAL APPROPRIATIONS.—For purposes of this section, the computation of amounts

made available for a fiscal year shall not take into account any

amount rescinded by an Act or any amount appropriated by an Act

making supplemental appropriations for a fiscal year.

* * * * * * *

SEC. 514. ASSISTANCE FOR EGYPT.

(a) DEFINITIONS.— ***

* * * * * * *

(b) ESF ASSISTANCE.—

(1) IN GENERAL.—Of the amounts made available for øeach

of the fiscal years 2002 and 2003¿ fiscal year 2005 for ESF assistance, the amount specified in paragraph (2) for øeach such¿

such fiscal year is authorized to be made available for Egypt.

* * * * * * *

(2) COMPUTATION OF AMOUNT.—SUBJECT TO SUBSECTION (D), THE AMOUNT REFERRED TO IN PARAGRAPH (1) IS EQUAL TO— (A) the amount made available for ESF assistance for

Egypt during the preceding fiscal year, minus (B) $40,000,000.

(c) FMF PROGRAM.—OF THE AMOUNT MADE AVAILABLE øfor each

of the fiscal years 2001 and 2002¿ for fiscal year 2005 for assistance under the Foreign Military Financing Program,

$1,300,000,000 is authorized to be made available on a grant basis

for Egypt.

(d) EXCLUSION OF RESCISSIONS AND SUPPLEMENTAL APPROPRIATIONS.—For purposes of this section, the computation of amounts

made available for a fiscal year shall not take into account any

amount rescinded by an Act or any amount appropriated by an Act

making supplemental appropriations for a fiscal year.

(e) DISBURSEMENT OF FUNDS.—øFunds estimated to be outlayed

for Egypt under subsection (c) during fiscal years 2002 and 2003

shall be disbursed to an interest-bearing account for Egypt in the

Federal Reserve Bank of New York not later than 30 days after the

date of enactment of an Act making appropriations for foreign operations, export financing, and related programs for fiscal year 2002,

123

and not later than 30 days after the date of enactment of an Act

making appropriations for foreign operations, export financing, and

related programs for fiscal year 2003, or by October 31 of the respective fiscal year, whichever is later¿ Funds estimated to be

outlayed for Egypt under subsection (c) during fiscal year 2005

shall be disbursed to an interest-bearing account for Egypt in the

Federal Reserve Bank of New York not later than 30 days after the

date of the enactment of an Act making appropriations for foreign

operations, export financing, and related programs for fiscal year

2005, or by October 31, 2004, whichever is later, provided that— (1) withdrawal of funds from such account shall be made

only on authenticated instructions from the Defense Finance

and Accounting Service of the Department of Defense;

(2) in the event such account is closed, the balance of the account shall be transferred promptly to the appropriations account for the Foreign Military Financing Program; and

(3) none of the interest accrued by such account should be

obligated unless the Committee on Appropriations and the

Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International

Relations of the House of Representatives are notified.

* * * * * * *

International Security and Development

Cooperation Act of 1980

* * * * * * *

TITLE V—AFRICAN DEVELOPMENT FOUNDATION

* * * * * * *

AUTHORIZATIONS OF APPROPRIATIONS

SEC. 510. THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY

OUT THIS TITLE, IN ADDITION TO AMOUNTS OTHERWISE AVAILABLE

FOR THAT PURPOSE, ø$3,872,000 for fiscal year 1986 and $3,872,000

for fiscal year 1987¿ $17,000,000 for fiscal year 2005. Funds appropriated under this section are authorized to reamin available until

expended.

* * * * * * *

An Act to Authorize the President to Exercise

Waivers of Foreign Assistance Restrictions with

Respect to Pakistan Through September 30,

2003, and for Other Purposes.

SECTION 1. EXEMPTIONS AND WAIVER OF APPROPRIATIONS ACT PROHIBITIONS WITH RESPECT TO PAKISTAN.

(a) * * *

* * * * * * *

(b) FISCAL YEAR ø2004¿ 2005.—

124

(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 ø2004¿ 2005 that prohibits direct assistance to a country whose duly elected head of government was deposed by decree or military coup, if the President determines and certifies

to the appropriate congressional committees that such

waiver—

(A) would facilitate the transition to democratic rule in

Pakistan; and

(B) is important to United States efforts to respond to,

deter, or prevent acts of international terrorism.

(2) PRIOR CONSULTATION REQUIRED.—Not less than 5 days

prior to the exercise of the waiver authority under paragraph

(1), the President shall consult with the appropriate congressional committees with respect to such waiver.

SEC. 2. INCREASED FLEXIBILITY IN THE EXERCISE OF WAIVER AUTHORITY OF MTCR AND EXPORT ADMINISTRATION ACT

SANCTIONS WITH RESPECT TO PAKISTAN.

Any waiver under 73(e) of the Arms Export Control Act (22

U.S.C. 2797b(e)), or under section 11B(b)(5) of the Export Administration Act of 1979 (50 U.S.C. App. 2410b(b)(5)) (or successor statute), with respect to a sanction that was imposed on foreign persons in Pakistan prior to January 1, 2001, may be exercised—

(1) only after consultation with the appropriate congressional

committees; and

(2) without regard to the notification periods set forth in the

respective section authorizing the waiver.

SEC. 3. EXEMPTION OF PAKISTAN FROM FOREIGN ASSISTANCE PROHIBITIONS RELATING TO FOREIGN COUNTRY LOAN DEFAULTS.

The following provisions of law shall not apply with respect to

Pakistan:

(1) Section 620(q) of the Foreign Assistance Act of 1961 (22

U.S.C. 2370(q)).

(2) Such provision of the øForeign Operations, Export Financing, and Related Programs Appropriations Act, 2002, as

isannual foreign operations, export financing, and related programs appropriations Acts for fiscal years 2002, 2003, øand

2004¿ 2004, and 2005 as are comparable to section 512 of the

Foreign Operations, Export Financing, and Related Programs

Appropriations Act, 2001 (Public Law 106–429; 114 Stat.

1900A–25).

* * * * * * *

SEC. 6. TERMINATION DATE.

Except as otherwise provided in section 1 or 3, the provisions of

this Act shall terminate on October 1, ø2004¿ 2005.

* * * * * * *

125

Departments of Commerce, Justice, and State, the

Judiciary, and Related Agencies Appropriations

Act, 1999

* * * * * * *

SEC. 616.—(a) * * *

(c) REPORTING REQUIREMENT.—(1) The United States chief of

mission in Haiti shall provide the Secretary of State a list of those

who have been credibly alleged to have ordered or carried out the

extrajudicial and political killings mentioned in paragraph (1) of

subsection (a).

(2) The Secretary of State shall submit the list provided under

paragraph (1) to the appropriate congressional committees 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, as part of the annual report submitted

under paragraph (4) of this subsection, a list of aliens denied visas,

and the Attorney General shall submit to the appropriate congressional committees a list of aliens refused entry to the United States

as a result of this provision.

(4) The Secretary of State shall submit a report under this subsection not later than 6 months after the date of enactment of this

Act and not later than March 1 of each year thereafter as long as

the Government of Haiti has not completed the investigation of the

extrajudicial and political killings and has not prosecuted those implicated for the killings specified in paragraph (1) of subsection (a).

* * * * * * *

Immigration and Nationality Act

* * * * * * *

INADMISSIBLE ALIENS

SEC. 212. (a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR ADMISSION.—Except as otherwise provided in this Act, aliens who are

inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

***

(1)–(9) * * *

(10) MISCELLANEOUS.—

(A)–(B) * * *

(C) INTERNATIONAL CHILD ABDUCTION.—

(i) IN GENERAL.—Except as provided in clause (ii), any

alien who, after entry of an order by a court in the United

States granting custody to a person of a United States citizen child who detains or retains the child, or withholds

custody of the child, outside the United States from the

person granted custody by that order, is inadmissible until

the child is surrendered to the person granted custody by

that order.

126

(ii) ALIENS SUPPORTING ABDUCTORS AND RELATIVES OF

ABDUCTORS.—Any alien who—

(I) is known by the Secretary of State to have intentionally assisted an alien in the conduct described in

clause (i)ø,¿;

(II) is known by the Secretary of State to be intentionally providing material support or safe haven to an

alien described in clause (i)ø,¿; or

ø(III) is a spouse (other than the spouse who is the

parent of the abducted child), child (other than the abducted child), parent, sibling, or agent of an alien described in clause (i), if such person has been designated by the Secretary of State at the Secretary’s

sole and unreviewable discretion, is inadmissible until

the child described in clause (i) is surrendered to the

person granted custody by the order described in that

clause, and such person and child are permitted to return to the United States or such person’s place of residence.¿

(III) is a spouse (other than a spouse who is the parent of the abducted child), son or daughter (other than

the abducted child), grandson or granddaughter (other

than the abducted child), parent, grandparent, sibling,

cousin, uncle, aunt, nephew, or niece of an alien described in clause (i), or is a spouse of the abducted

child described in clause (i), if such person has been

designated by the Secretary of State, at the Secretary

of State’s sole and unreviewable discretion,

is inadmissible until the child described in clause (i) is surrendered to the person granted custody by the order described in that clause, and such person and child are permitted to return to the United States or such person’s place

of residence, or until the abducted child is 21 years of age.

(iii) EXCEPTIONS.—* * *

(iv) AUTHORITY TO CANCEL CERTAIN DESIGNATIONS.—

The Secretary of State may, at the Secretary of State’s

sole and unreviewable discretion, at any time, cancel a

designation made pursuant to clause (ii)(III).

(v) IDENTIFICATION OF ALIENS SUPPORTING ABDUCTORS AND RELATIVES OF ABDUCTORS.—In all instances

in which the Secretary of State knows that an alien

has committed an act described in clause (i), the Secretary of State shall take appropriate action to identify

the individuals who are potentially inadmissible under

clause (ii).

(vi) ENTRY OF ABDUCTORS AND OTHER INADMISSIBLE

PERSONS IN CONSULAR LOOKOUT AND SUPPORT SYSTEM.—In all instances in which the Secretary of State

knows that an alien has committed an act described in

clause (i), the Secretary of State shall take appropriate

action to cause the entry into the Consular Lookout

and Support System of the name or names of, and

identifying information about, such individual and of

127

any persons identified pursuant to clause (v) as potentially inadmissible under clause (ii).

(vii) DEFINITIONS.—In this subparagraph:

(I) CHILD.—The term ‘‘child’’ means a person

under 21 years of age regardless of marital status.

(II) SIBLING.—The term ‘‘sibling’’ includes stepsiblings and half-siblings.

* * * * * * *

SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

(a) DESIGNATION.—

(1) IN GENERAL.—The Secretary is authorized to designate an

organization as a foreign terrorist organization in accordance

with this subsection if the Secretary finds that—

* * * * * * *

(3) RECORD.— (A) IN GENERAL.—In making a designation under this

subsection, the Secretary shall create an administrative

record.

(B) CLASSIFIED INFORMATION.—The Secretary may consider classified information in making a designation under

this subsection. Classified information shall not be subject

to disclosure for such time as it remains classified, except

that such information may be disclosed to a court ex parte

and in camera for purposes of judicial review under øsubsection (b)¿ subsection (c).

* * * * * * *

(4) PERIOD OF DESIGNATION.— (A) IN GENERAL.—øSubject to paragraphs (5) and (6), a¿

A designation under this subsection shall be effective for

all purposes øfor a period of 2 years beginning on the effective date of the designation under paragraph (2)(B)¿ until

revoked under paragraph (5) or (6) or set aside pursuant to

subsection (c).

ø(B) REDESIGNATION.—The Secretary may redesignate a

foreign organization as a foreign terrorist organization for

an additional 2-year period at the end of the 2-year period

referred to in subparagraph (A) (but not sooner than 60

days prior to the termination of such period) upon a finding that the relevant circumstances described in paragraph

(1) still exist. The Secretary also may redesignate such organization at the end of any 2-year redesignation period

(but not sooner than 60 days prior to the termination of

such period) for an additional 2-year period upon a finding

that the relevant circumstances described in paragraph (1)

still exist. Any redesignation shall be effective immediately

following the end of the prior 2-year designation or redesignation period unless a different effective date is provided

in such redesignation. The procedural requirements of

paragraphs (2) and (3) shall apply to a redesignation under

this subparagraph.¿

(B) REVIEW OF DESIGNATION UPON PETITION.—

128

(i) IN GENERAL.—The Secretary shall review the designation of a foreign terrorist organization under the

procedures set forth in clauses (iii) and (iv) if the designated organization files a petition for revocation

within the petition period described in clause (ii).

(ii) PETITION PERIOD.—For purposes of clause (i)— (I) if the designated organization has not previously filed a petition for revocation under this

subparagraph, the petition period begins 2 years

after the date on which the designation was made;

or

(II) if the designated organization has previously

filed a petition for revocation under this subparagraph, the petition period begins 2 years after the

date of the determination made under clause (iv)

on that petition.

(iii) PROCEDURES.—Any foreign terrorist organization that submits a petition for revocation under this

subparagraph must provide evidence in that petition

that the relevant circumstances described in paragraph

(1) have changed in such a manner as to warrant revocation with respect to the organization.

(iv) DETERMINATION.— (I) IN GENERAL.—Not later than 180 days after

receiving a petition for revocation submitted under

this subparagraph, the Secretary shall make a determination as to such revocation.

(II) CLASSIFIED INFORMATION.—The Secretary

may consider classified information in making a

determination in response to a petition for revocation. Classified information shall not be subject to

disclosure for such time as it remains classified,

except that such information may be disclosed to a

court ex parte and in camera for purposes of judicial review under subsection (c).

(III) PUBLICATION OF DETERMINATION.—A determination made by the Secretary under this clause

shall be published in the Federal Register.

(IV) PROCEDURES.—Any revocation by the Secretary shall be made in accordance with paragraph (6).

(C) OTHER REVIEW OF DESIGNATION.—

(i) IN GENERAL.—If in a 4-year period no review has

taken place under subparagraph (B), the Secretary

shall review the designation of the foreign terrorist organization in order to determine whether such designation should be revoked pursuant to paragraph (6).

Such review shall be completed not later than 180 days

after the end of such 4-year period.

(ii) PROCEDURES.—If a review does not take place

pursuant to subparagraph (B) in response to a petition

for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Secretary. The reVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00128 Fmt 6659 Sfmt 6603 FY2005 SFORELA1 PsN: SFORELA1
129

sults of such review and the applicable procedures

shall not be reviewable in any court.

(iii) PUBLICATION OF RESULTS OF REVIEW.—The Secretary shall publish any determination made pursuant

to this subparagraph in the Federal Register.

* * * * * * *

(6) REVOCATION BASED ON CHANGE IN CIRCUMSTANCES.— (A) IN GENERAL.—The Secretary may revoke a designation made under paragraph (1) øor a redesignation made

under paragraph (4)(B)¿ at any time, and shall revoke a

designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if the

Secretary finds that— (i) the circumstances that were the basis for the designation øor redesignation¿ have changed in such a

manner as to warrant revocation; or

(ii) the national security of the United States warrants a revocation.

(B) PROCEDURE.—The procedural requirements of paragraphs (2) and (3) shall apply to a revocation under this

paragraph. Any revocation shall take effect on the date

specified in the revocation or upon publication in the Federal Register if no effective date is specified.

(7) EFFECT OF REVOCATION.—The revocation of a designation

under paragraph (5) or (6), øor the revocation of a redesignation under paragraph (6),¿ shall not affect any action or proceeding based on conduct committed prior to the effective date

of such revocation.

(8) Use of designation in trial or hearing. If a designation

under this subsection has become effective under paragraph

(2)(B), øor if a redesignation under this subsection has become

effective under paragraph (4)(B),¿ a defendant in a criminal action or an alien in a removal proceeding shall not be permitted

to raise any question concerning the validity of the issuance of

such designation øor redesignation¿ as a defense or an objection at any trial or hearing.

(b) AMENDMENTS TO A DESIGNATION.— (1) IN GENERAL.—The Secretary may amend a designation

under this subsection if the Secretary finds that the organization has changed its name, adopted a new alias, dissolved and

then reconstituted itself under a different name or names, or

merged with another organization.

(2) PROCEDURE.—Amendments made to a designation in accordance with paragraph (1) shall be effective upon publication

in the Federal Register. Subparagraphs (B) and (C) of subsection (a)(2) shall apply to an amended designation upon such

publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of

subsection (a) shall also apply to an amended designation.

(3) ADMINISTRATIVE RECORD.—The administrative record

shall be corrected to include the amendments as well as any additional relevant information that supports those amendments.

(4) CLASSIFIED INFORMATION.—The Secretary may consider

classified information in amending a designation in accordance

with this subsection. Classified information shall not be subject

130

to disclosure for such time as it remains classified, except that

such information may be disclosed to a court ex parte and in

camera for purposes of judicial review under subsection (c).

ø(b)¿(c) JUDICIAL REVIEW OF DESIGNATION.—* * *

(1) IN GENERAL.—Not later than 30 days after publication øof

the designation in the Federal Register, an organization designated as a foreign terrorist organization may seek judicial review of the designation¿ in the Federal Register of a designation, an amended designation, or a determination in response

to a petition for revocation, the designated organization may

seek judicial review in the United States Court of Appeals for

the District of Columbia Circuit.

(2) BASIS OF REVIEW.—Review under this subsection shall be

based solely upon the administrative record, except that the

Government may submit, for ex parte and in camera review,

classified information used in making the designation, amended designation, or determination in response to a petition for

revocation.

(3) SCOPE OF REVIEW.—The Court shall hold unlawful and

set aside a designation, amended designation, or determination

in response to a petition for revocation the court finds to be—

(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(B) contrary to constitutional right, power, privilege, or

immunity;

(C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right;

(D) lacking substantial support in the administrative

record taken as a whole or in classified information submitted to the court under paragraph (2), or

(E) not in accord with the procedures required by law.

(4) JUDICIAL REVIEW INVOKED.—The pendency of an action

for judicial review of a designation, amended designation, or

determination in response to a petition for revocation shall not

affect the application of this section, unless the court issues a

final order setting aside the designation, amended designation,

or determination in response to a petition for revocation.

* * * * * * *

ø(c)¿(d) DEFINITIONS.—* * *

* * * * * * *

United States Information and Educational

Exchange Act of 1948

* * * * * * *

TITLE V—DISSEMINATING INFORMATION ABOUT THE

UNITED STATES ABROAD

GENERAL AUTHORIZATION

* * * * * * *

øSEC. 502. In authorizing international information activities

under this Act, it is the sense of the Congress (1) that the SecVerDate 11-MAY-2000 20:39 Mar 18, 2004 Jkt 000000 PO 00000 Frm 00130 Fmt 6659 Sfmt 6602 FY2005 SFORELA1 PsN: SFORELA1
131

retary shall reduce such Government information activities whenever corresponding private information dissemination is found to be

adequate; (2) that nothing in this Act shall be construed to give the

Department a monopoly in the production or sponsorship on the air

of short-wave broadcasting programs, or a monopoly in any other

medium of information.¿

SEC. 502. (a) INTERNATIONAL INFORMATION STRATEGY.—The

President shall develop and report to the Committee on Foreign Relations of the Senate and the Committee on International Relations

of the House of Representatives an international information strategy. The international information strategy shall consist of public

information plans designed for major regions of the world, including a focus on regions with significant Muslim populations.

(b) NATIONAL SECURITY STRATEGY.—In the preparation of the annual report required by section 108 of the National Security Act of

1947 (50 U.S.C. 404a), the President shall ensure that the report includes a comprehensive discussion of how public diplomacy activities are integrated into the national security strategy of the United

States, and how such activities are designed to advance the goals

and objectives identified in the report pursuant to section 108(b)(1)

of that Act.

(c) PLANS REGARDING DEPARTMENT ACTIVITIES.—

(1) STRATEGIC PLAN.—In the updated and revised strategic

plan for program activities of the Department required to be

submitted under section 306 of title 5, United States Code, the

Secretary shall identify how public diplomacy activities of the

Department are designed to advance each strategic goal identified in the plan.

(2) ANNUAL PERFORMANCE PLAN.—The Secretary shall ensure

that each annual performance plan for the Department required

by section 1115 of title 31, United States Code, includes a detailed discussion of public diplomacy activities of the Department.

(3) BUREAU AND MISSION PERFORMANCE PLAN.—The Secretary

shall ensure that each regional bureau’s performance plan, and

other bureau performance plans as appropriate, and each mission performance plan, under regulations of the Department, includes a public diplomacy component.

* * * * * * *

Emergency Supplemental Act, 2000

* * * * * * *

øSEC. 3203. REPORT ON EXTRADITION OF NARCOTICS TRAFFICKERS.—(a) Not later than 6 months after the date of the enactment of this title, and every 6 months thereafter, during the period

Plan Colombia resources are made available, the Secretary of State

shall submit to the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Appropriations of

the Senate; and the Committee on International Relations, the

Committee on the Judiciary, and the Committee on Appropriations

of the House of Representatives a report setting forth—

132

ø(1) a list of the persons whose extradition has been requested from any country receiving counternarcotics assistance

from the United States, indicating those persons who— ø(A) have been surrendered to the custody of United

States authorities;

ø(B) have been detained by the authorities and who are

being processed for extradition;

ø(C) have been detained by the authorities and who are

not yet being processed for extradition; or

ø(D) are at large;

ø(2) a determination whether authorities of each country receiving counternarcotics assistance from the United States are

making good faith efforts to ensure the prompt extradition of

each of the persons sought by United States authorities; and

ø(3) an analysis of— ø(A) any legal obstacles in the laws of each country receiving counternarcotics assistance from the United States

regarding prompt extradition of persons sought by United

States authorities; and

ø(B) the steps taken by authorities of the United States

and the authorities of each country receiving counternarcotics assistance from the United States to overcome

such obstacles.¿

* * * * * * *

United States International Broadcasting

Act of 1994

* * * * * * *

TITLE III—UNITED STATES INTERNATIONAL BROADCASTING ACT

* * * * * * *

SEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.

* * * * * * *

(c) TERM OF OFFICE.—The term of office of each member of the

Board shall be three years, except that the Secretary of State shall

remain a member of the Board during the øDirector’s¿ Secretary’s

term of service. Of the other 8 voting members, the initial terms

of office of two members shall be one year, and the initial terms

of office of 3 other members shall be two years, as determined by

the President. The President shall appoint, by and with the advice

and consent of the Senate, Board members to fill vacancies occurring prior to the expiration of a term, in which case the members

so appointed shall serve for the remainder of such term. Any member whose term has expired may serve until a successor has been

appointed and qualified. When there is no Secretary of State, the

Acting Secretary of State shall serve as a member of the board

until a øDirector¿ Secretary is appointed.

* * * * * * *

(g) IMMUNITY FROM CIVIL LIABILITY.—Notwithstanding any other

provision of law, any and all limitations on liability that apply to

133

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 Network.

* * * * * * *

SEC. 305. AUTHORITIES OF THE BOARD.

(a) AUTHORITIES.—The Board shall have the following authorities:

(1) * * *

* * * * * * *

(5) To make and supervise grants for broadcasting and related activities in accordance with sections 308 øand 309¿ , 309, and 310. (6) To allocate funds appropriated for international broadcasting activities among the various elements of the International Broadcasting Bureau and grantees, subject to the limitations in sections 308 øand 309¿ , 309, and 310 and subject

to reprogramming notification requirements in law for the reallocation of funds.

* * * * * * *

(c) BROADCASTING BUDGETS.—

The Director of the Bureau and the grantees identified in

sections 308 øand 309¿ , 309, and 310 shall submit proposed

budgets to the Board. The Board shall forward its recommendations concerning the proposed budget for the Board

and broadcasting activities under this title, the Radio Broadcasting to Cuba Act, and the Television Broadcasting to Cuba

Act to the Office of Management and Budget.

* * * * * * *

SEC. 307. INTERNATIONAL BROADCASTING BUREAU.

(a) ESTABLISHMENT.—There is hereby established an International Broadcasting Bureau under the Board (hereafter in this

title referred to as the ‘‘Bureau’’), to carry out all nonmilitary international broadcasting activities supported by the United States

Government other than those described in sections 308 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

of international broadcasting, including the use of new technologies, further consolidation of broadcast services, and consolidation of currently existing public affairs and legislative relations

functions in the various international broadcasting entities. The coordinating committee shall include representatives of Radio Free

Asia, and Middle East Broadcasting Network, RFE/RL, Incorporated, the Broadcasting Board of Governors, and, as appropriate,

134

the Office of Cuba Broadcasting, the Voice of America, and

Worldnet.

* * * * * * *

SEC. 310. MIDDLE EAST BROADCASTING NETWORK.

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

available to make annual grants to a Middle East Broadcasting

Network for the purpose of carrying out radio and television broadcasting to the Middle East region.

(b) FUNCTION.—The Middle East Broadcasting Network shall provide radio and television programming to the Middle East region

consistent with the broadcasting standards and broadcasting principles set forth in section 303 of this Act.

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

this section shall be subject to the following limitations and restrictions:

(1) The Broadcasting Board of Governors may not make any

grant to the nonprofit corporation, Middle East Broadcasting

Network, unless its certificate of incorporation provides that—

(A) the Board of Directors of the Middle East Broadcasting Network shall consist of the members of the Broadcasting Board of Governors established under section 304

and of no other members; and

(B) such Board of Directors shall make all major policy

determinations governing the operation of the Middle East

Broadcasting Network, and shall appoint and fix the compensation of such managerial officers and employees of the

Middle East Broadcasting Network as it considers necessary to carry out the purposes of the grant provided

under this title, except that no officer or employee may be

paid a salary or other compensation in excess of the rate of

pay payable for level III of the Executive Schedule under

section 5314 of title 5, United States Code.

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

any contract entered into by the Middle East Broadcasting Network shall specify that obligations are assumed by the Middle

East Broadcasting Network and not the United States Government.

(3) Any grant agreement shall require that any lease agreement entered into by the Middle East Broadcasting Network

shall be, to the maximum extent possible, assignable to the

United States Government.

(4) Grants awarded under this section shall be made pursuant to a grant agreement which requires that grant funds be

used only for activities consistent with this section, and that

failure to comply with such requirements shall permit the grant

to be terminated without fiscal obligation to the United States.

(5) Duplication of language services and technical operations

between the Middle East Broadcasting Network (including

Radio Sawa), RFE/RL, and the International Broadcasting

Bureau will be reduced to the extent appropriate, as determined

by the Board.

(d) NOT A FEDERAL AGENCY OR INSTRUMENTALITY.—Nothing in

this title may be construed to make the Middle East Broadcasting

135

Network a Federal agency or instrumentality, nor shall the officers

or employees of the Middle East Broadcasting Network be deemed

to be officers or employees of the United States Government.

(e) AUDIT AUTHORITY.— (1) IN GENERAL.—Such financial transactions of the Middle

East Broadcasting Network as relate to functions carried out

under this section may be audited by the General Accounting

Office in accordance with such principles and procedures and

under such rules and regulations as may be prescribed by the

Comptroller General of the United States. Any such audit shall

be conducted at the place or places where accounts of the Middle East Broadcasting Network are normally kept.

(2) ACCESS TO RECORDS.—Representatives of the General Accounting Office shall have access to all books, accounts, records,

reports, files, papers, and property belonging to or in use by the

Middle East Broadcasting Network pertaining to such financial

transactions as necessary to facilitate an audit. Such representatives shall be afforded full facilities for verifying transactions

with any assets held by depositories, fiscal agents, and

custodians. All such books, accounts, records, reports, files, papers, and property of the Middle East Broadcasting Network

shall remain in the custody of the Middle East Broadcasting

Network.

(3) INSPECTOR GENERAL.—Notwithstanding any other provisions of law, the Inspector General for the Department of State

and the Broadcasting Board of Governors is authorized to exercise the authorities of the Inspector General Act of 1978 with respect to the Middle East Broadcasting Network.

* * * * * * *

International Religious Freedom Act of 1998

* * * * * * *

TITLE II—COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

* * * * * * *

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to the Commission $3,000,000 for the fiscal year ø2003¿ 2005 to carry out

the provisions of this title.

(b) AVAILABILITY OF FUNDS.—Amounts authorized to be appropriated under øsubparagraph¿ subsection (a) are authorized to remain available until expended but not later than the date of termination of the Commission.

* * * * * * *

Diplomatic Security Act

TITLE III-PERFORMANCE AND ACCOUNTABILITY

* * * * * * *

136

SEC. 304. FINDINGS AND RECOMMENDATIONS BY A BOARD.

(a) * * *

* * * * * * *

(b) PROGRAM RECOMMENDATIONS.—A Board shall submit its findings (which may be classified to the extent deemed necessary by

the Board) to the Secretary of 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.

* * * * * * *

(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.

Æ