19–010

Calendar No. 77

108TH CONGRESS REPORT

1st Session " ! SENATE 108–39

FOREIGN RELATIONS AUTHORIZATION ACT,

FISCAL YEAR 2004

APRIL 24, 2003.—Ordered to be printed

Filed, under authority of the order of the Senate of April 11, 2003.

Mr. LUGAR, from the Committee on Foreign Relations,

submitted the following

REPORT

[To accompany S. 925]

The Committee on Foreign Relations, having had under consideration an original bill to authorize appropriations for the Department of State and for United States international broadcasting activities for fiscal year 2004, and for the Peace Corps for fiscal years

2004-2007, and for other purposes, reports favorably thereon and

recommends that the bill do pass.

CONTENTS

Page

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

II. Committee Action .......................................................................................... 1

III. Summary of Funds ........................................................................................ 3

IV. Section-by-Section Analysis .......................................................................... 4

V. Cost Estimate ................................................................................................. 23

VI. Evaluation of Regulatory Impact .................................................................. 29

VII. Changes in Existing Law .............................................................................. 29

I. PURPOSE

The Foreign Relations Authorization Act, Fiscal Year 2004, authorizes funding for the Department of State and United States

international broadcasting activities for fiscal year 2004, and for

the Peace Corps for fiscal years 2004-2007, and other foreign affairs programs. The bill also addresses several important regional

and functional foreign policy issues.

II. COMMITTEE ACTION

The Committee has held several public hearings this year focused on the issues addressed in this legislation. On February 6,

2

Secretary of State Powell testified regarding the President’s budget

request for international affairs. On February 27, the Committee

heard both official and private sector witnesses testify on plans to

improve the impact of U.S. public diplomacy on opinion in the Islamic world. On March 18, State Department officials testified on

the Department’s role as coordinator of the non-military war on

terrorism overseas. The non-proliferation programs of the Department were the focus of a hearing on March 19. On March 20, Department officials and analysts from the General Accounting Office

testified on embassy security and the schedule for construction of

new embassy compounds. In other hearings and briefings on such

issues as the UN Security Council deliberations on Iraq, developments on the Korean Peninsula, negotiations with Turkey, plans

for post-conflict Iraq, and the difficult task of helping to build a

prosperous and stable Afghanistan, the Committee has witnessed

the commitment of Department personnel as they work to engage

friends and allies and the international community in efforts that

further U.S. national security interests through the common pursuit of global peace and prosperity.

The Committee considered an original bill on April 9, 2003. During the mark-up of this legislation, the Committee adopted a managers’ package of amendments by voice vote. A number of other

amendments were also adopted by voice vote:

• A Chairman’s amendment reaffirming U.S. policy regarding

the recognition of a Palestinian State.

• An amendment offered by Senators Kerry and Biden and

amended by the Chairman and Senator Hagel expressing the

sense of the Congress on climate change.

• An amendment by Senator Dodd to include the Peace Corps

authorization in the bill.

• An amendment by Senator Enzi on housing allowances for U.S.

officials assigned to work at the United Nations in New York.

• An amendment by Senator Corzine on U.S. policy regarding

leadership positions held by foreign governments at the United

Nations.

• An amendment by Senator Hagel expressing the sense of the

Congress related to international and economic support for a

successor regime in Iraq.

• An amendment by Senator Feingold requiring a report on

press freedom in Eastern and Central Europe.

• An amendment by Senator Nelson requiring a report on U.S.

policy toward Haiti.

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

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

Enzi, Voinovich, Alexander, Coleman, Sununu, Biden, Sarbanes,

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

3

III. SUMMARY OF FUNDS

[In thousands of dollars]

FY 2003

Authorization

FY 2003

Appropriations

FY 2004

Request

FY 2004

SFRC bill

as reported

Diplomatic and Consular Programs .............................................. $4,030,023 $3,622,258 $4,163,544 $4,171,504

[Includes: Worldwide Security Upgrades] ...................................... [564,000] [553,000] [646,701] [646,701]

Capital Investment Fund ............................................................... 200,000 183,311 157,000 157,000

Embassy Security Constructlon & Maintenance ............................ 2 1,550,000 1,363,500 1,514,400 1 1,826,400

Other State Department Accounts:

Representation Allowances ............................................................ 9,000 6,485 9,000 9,000

Protection of Foreign Missions and Officials ................................ 11,000 11,000 10,000 10,000

Emergencies in Diplomatic and Consular Service ........................ 15,000 6,500 1,000 1,000

Repatriation Loans ......................................................................... 1,250 612 1,219 1,219

Payment to the American Institute in Taiwan .............................. 18,817 18,450 19,773 19,773

Office of the Inspector General ..................................................... 30,800 29,264 31,703 31,703

Education, Cultural, and Public Diplomacy Programs:

Total ............................................................................................... 260,000 245,306 3 345,346 402,346

[Incl. Fulbright Exchanges] ............................................................ [135,000] [123,000] [127,365] [127,365]

Related Appropriations:

National Endowment for Democracy .............................................. 42,000 42,000 36,000 42,000

East-West Center ........................................................................... 15,000 18,000 14,280 15,000

The Asia Foundation ...................................................................... 15,000 10,444 9,250 15,000

North-South Center ........................................................................ 2,500 — — 2,000

International Organizations:

Contributions for International Organizations ............................... 891,378 866,300 1,010,463 1,010,463

Contributions for International Peacekeeping ............................... 725,981 673,710 550,200 550,200

International Commissions:

International Boundary & Water Commissions—S&E .................. 28,387 25,482 31,562 31,562

International Boundary & Water Commissions—Construction ..... 9,517 5,450 8,901 8,901

International Boundary Commission .............................................. 1,157 4 1,143 1,261 1,261

International Joint Commission ..................................................... 7,544 4 7,456 7,810 7,810

International Fisheries Commissions ............................................. 19,780 17,100 20,043 20,043

Migration and Refugee Assistance:

Total ............................................................................................... 820,000 787,000 760,197 760,197

International Broadcasting Activities:

Total International Broadcasting ................................................... 545,486 506,634 563,500 572,400

Peace Corps

Total ............................................................................................... 365,000 295,000 359,000 359,000

1 Includes $900,000,000 as authorized in Sec. 604 (a)(5) of P.L. 106–113.

2 Includes $1,000,000,000 as authorized in Sec. 604 (a)(4) of P.L. 106–113, as amended by Sec. 111 (a)(3)(B) of P.L. 107–228.

3 Includes $100,040,000 transferred from FSA/SEED account in Foreign Operations.

4 Approximate amounts, from total appropriation for all Americas Sections, International Commissions.

4

IV. SECTION-BY-SECTION ANALYSIS

TITLE I—AUTHORIZATIONS OF APPROPRIATIONS

SUBTITLE A—DEPARTMENT OF STATE

Section 101. Administration of Foreign Affairs

This section authorizes appropriations under the heading ‘‘Administration of Foreign Affairs’’ for FY 2004.

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

request in FY 2004 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. The Committee views as

urgent the provision of adequate resources to the Department so

that it has the people and the tools it needs to lead the non-military battle against terrorism overseas.

Specifically, the Committee increased the Diplomatic and Consular Programs account 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 reviewed the Department’s interest in extending DC locality pay to all overseas posts to address a widening

gap between pay at headquarters and pay in the field but, because

of costs, decided to target posts that are especially difficult to fill.

This increase is expected to allow boosts in hardship and danger

pay at some 31 posts and to address staffing gaps that have been

identified by the General Accounting Office in some of the most difficult and dangerous countries in the world.

The Committee commends the Secretary of State for his efforts

to strengthen the diplomatic corps, both in numbers and in training. The Diplomatic Readiness Initiative that the Secretary undertook upon his arrival at the Department will reach its goal in 2004

of 1,158 new staff beyond attrition, making up to some extent for

recruitment shortfalls that occurred during the 1990’s. The Committee supports a recruitment policy that brings the best America

has to offer into State Department service, at a time when failed

diplomatic efforts overseas can result in American lives lost at

home.

The Committee also added $312 million to the $1.5 billion authorized in this and previous bills for embassy construction in FY

2004. The additional funding will allow the construction process to

begin on three new embassy compounds, 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 considers it critical that they be well protected. The bill contains a provision in section 206 authorizing the Secretary to collect such costs

from other agencies beginning in fiscal year 2005.

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The Committee supports the Department’s efforts to institute an

inter-agency cost-sharing program whereby each government agency would contribute to the construction costs of new embassy compounds according to a formula based on expected future use. An equitable cost-sharing system could bring an estimated additional

$1.4 billion annually into the construction budget, reducing the

time it will take to provide safer facilities from an estimated 26

years to 12 years. This bill contains a provision in Section 206 authorizing the Secretary to collect such costs from other agencies beginning in FY 2005.

Section 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 growing antiAmericanism, especially in the Islamic world. Without diminishing

its impact in other parts of the world, the Department should

strengthen its outreach to the Muslim world. The Committee is authorizing appropriations of $30 million above the administration’s

request to boost the number of participants in already existing programs from the Middle East and from other regions where there

are significant Muslim populations and to establish a new program

designed to attract and engage young people from such nations.

The Committee does not agree with the administration’s proposed reduction from last year’s level of funding for educational

and cultural exchange programs in the Freedom Support Act (FSA)

and Support for East European Democracy (SEED) countries of

Central and Southeastern Europe, and in the nations of the former

Soviet Union. The Administration permanently transferred from

the Agency for International Development to the Department

spending authority for these educational programs that were funded at a level of $125 million in fiscal year 2003, but reduced to

$100 million in the fiscal year 2004 request. The Committee restores the $25 million to the administration’s budget and fully expects that last year’s level of $125 million will be focused on the

exchange programs, undergraduate and graduate scholarships,

legal education, professional development, and the partnerships

with American institutions that are important to the continued development and transition to democracy in these countries. The

Committee also 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 to the entire world.

Of the amounts authorized for the Fulbright Academic Exchange

Programs, which were authorized at levels requested by the Administration, $5 million is designated to carry out the Vietnam Fulbright academic exchange program.

In summary, the Committee is authorizing funding of $57 million

for education, cultural exchanges and public diplomacy above the

administration’s request for the programs described above.

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

Under these subsections, the Committee is authorizing appro- priations for the National Endowment for Democracy at $42 million, the funding level authorized in fiscal year 2003. The Asia

Foundation and the Center for Cultural and Technical Interchange

Between East and West are each authorized appropriations of $15

million, levels also consistent with previous Committee action. The

Dante B. Fascell North South Center is authorized an appropriation of $2 million. This public policy studies center, located at the

University of Miami, is dedicated to the analysis of global issues

such as trade and economic policy, migration, democratic governance, security, corruption and information technology, with a regional emphasis on the Western Hemisphere. In total, the Committee is authorizing appropriations approximately $8.5 million

above the administration’s request for these programs.

Section 103. Contributions to International Organizations

This section authorizes appropriations in FY 2004 for contributions to international organizations (CIO) and for contributions to

international peacekeeping (CIPA).

The Committee is authorizing the full amount requested in FY

2004 for both the CIO and CIPA accounts. The funding allows the

United States to meet treaty obligations to pay assessed contributions to the UN regular budget, the budgets of the specialized

agencies in which the United States is a member, and the U.S.

share of peacekeeping assessments. Currently, the United States is

paying 22 percent of the regular UN budget, a percentage that is

also reflected in the assessed contributions to most UN specialized

agencies, except for the International Atomic Energy Agency and

the International Civil Aviation Organization, where the United

States is paying approximately 25 percent. U.S. assessed contributions to international peacekeeping costs now represent about 27

percent of that budget. In Section 401, the Committee is mandating

a ceiling of 27.4 percent as the limit for U.S. assessed contributions

to UN peacekeeping.

The Committee is aware that the recent decline of the U.S. dollar

against major foreign currencies (in which some assessments for

international organizations are made) may mean that the fiscal

year 2004 request for the CIO account is currently inadequate. The

Committee requests that the Department keep it informed about

any changes in the requirements for the CIO budget as this bill

proceeds through the legislative process.

The Committee is requesting a report from the Secretary of State

on progress being made to implement recommendations contained

in the ‘‘Brahimi Report’’ on reforming United Nations peacekeeping

operations of August 2000. The request reflects the Committee’s interest in learning how the U.S. government is contributing to the

development of a more robust UN peacekeeping capacity, especially

in its ability to organize civil police units for use on an emergency

basis.

The Committee continues to support bringing the payment of

U.S. dues to the UN back into synchronization with the UN budget. Currently, U.S. annual dues are paid at the start of the U.S.

fiscal year, which begins in October. The UN budget is on a calVerDate 11-MAY-2000 13:08 Apr 25, 2003 Jkt 000000 PO 00000 Frm 00006 Fmt 6602 Sfmt 6602 108-39.TXT SFORELA1 PsN: SFORELA1
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endar year basis and begins in January. The payment of U.S. dues

in the UN’s tenth month strains the UN’s financial stability, and

adds an irritant to U.S-UN relations. Now that the United States

has paid its arrears to the United Nations as authorized by Congress, it is important to correct the timing of annual payments. The

Foreign Relations Authorization Act of 2003 (P.L. 107–228) urged

the administration to initiate a process to synchronize the payment

of dues to the beginning of each calendar year and authorized such

appropriations as may be necessary. The administration is urged to

request funding next year that would result in the U.S. paying its

dues on time.

The Committee supports the President’s decision to rejoin the

United Nations Educational, Cultural and Scientific Organization

(UNESCO) on October 1, 2003. It notes that the President’s request

of $53 million for the United States’ share of UNESCO’s 2004

budget assumes that the organization will continue to operate on

a zero nominal growth annual budget of $272 million, as it has

since 1998. If the organization continues to adhere to this budget

cap, the influx of new money from U.S. dues will effectively result

in decreasing the required contributions of other member States,

rather than supporting programs of high priority to the United

States. Additionally, a static budget for UNESCO will translate to

a significant decrease in the organization’s purchasing power,

threatening the continuation of many of its programs and activities. The administration is urged to support an increase in

UNESCO’s budget.

To support the effectiveness of the United States within international organizations, the Committee supports increased training

for Foreign Service officers at all career stages in the area of multilateral diplomacy. The Director General of the Foreign Service is

urged to establish a training course on the rules and procedures of

international organizations, negotiating skills for multilateral settings, coalition-building techniques, and lessons learned from previous U.S. multilateral negotiating experiences.

Section 104. International Commissions

This section authorizes appropriations for FY 2004 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.

Section 105. Migration and Refugee Assistance

This section authorizes appropriations for fiscal year 2004 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 full request of $760

million is provided in FY 2004, of which $50 million is earmarked

for resettlement of refugees in Israel.

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SUBTITLE B—UNITED STATES INTERNATIONAL BROADCASTING

ACTIVITIES

Section 111. International Broadcasting Operations

This section authorizes appropriations for international broadcasting activities in FY 2004. The Administration’s request for both

operations and capital improvements is fully funded, but the Committee takes exception to the Broadcasting Board of Governors’ plan to reduce or eliminate programming in several Central and

East European countries. It restores the $8.9 million that was cut

from the budget to reflect 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 authorizing both the establishment and the

funding of a Middle East Broadcasting Network. With additional

funding also included in the FY 2003 supplemental, the Committee

expects the new satellite TV network to be operational as soon as

possible. The Committee looks forward to the network providing

professional quality broadcasting through a combination of news,

editorial comment, talk shows, drama and music to a region that

is vitally important to the United States. The United States needs

to communicate with the nations of the Middle East on many levels

and through all appropriate media. Most people in the Middle East

region obtain their news from television. The United States government has almost no television presence in the region. This new network is an important and creative proposal. 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 II—DEPARTMENT OF STATE AUTHORITIES AND

ACTIVITIES

SUBTITLE A—BASIC AUTHORITIES AND ACTIVITIES

Section 201. Interference with Protective Functions

This section provides a new criminal provision making it a crime

to knowingly and willfully obstruct or interfere with Diplomatic Security agents involved in the performance of 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)).

Section 202. Authority to Issue Administrative Subpoenas

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

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

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

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

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

such subpoenas could be delegated by the Secretary only to the

Deputy Secretary, thereby assuring close attention to this authority

9

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.

Section 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 United States

(not just in the Washington, DC, area but also in 14 other 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, Veterans Affairs, as well as the National Aeronautics and Space Administration and the Federal Reserve.

Section 204. Reimbursement Rate for Airlift Services Provided to

the Department of State

This section addresses the costs incurred by the Department of

State when the Department of Defense provides airlift services,

such as transporting armored vehicles used to protect the Secretary

of State. Current law permits the Department of Defense to charge

the Central Intelligence Agency the DOD reimbursement rate if the

Secretary of Defense determines that the services are for activities

related to national security objectives. This provision would extend

that authority to provide the same lower rate in such cases to the

Department of State.

Section 205. Immediate Response Facilities

This section authorizes the Secretary of State to reprogram

funds, without advance notice to Congress, when doing so is necessary to provide for the establishment or renovation of a diplomatic facility in urgent circumstances. This authority may be used

to waive such reporting requirements with respect to the reprogramming of up to $10 million in any one instance. The Secretary of State must report on and explain any use of this waiver

authority to the Congress as soon as is practicable, but not later

than three days after the obligation of the funds. The Committee

intends this section to provide the Department of State flexibility

to address circumstances in which extraordinary security or foreign

policy needs require the establishment or renovation of diplomatic

facilities on very short notice as was the case in Kabul, Afghanistan and in the aftermath of the terrorist attacks in Nairobi, Kenya

and Dar Es Salaam, Tanzania.

10

Section 206. Security Capital Cost Sharing

This section authorizes the Secretary of State, beginning in FY

2005, to determine on an annual basis fees to be collected from

other government agencies that have personnel assigned overseas

and to use such fees to construct safe and secure new embassy

compounds. Fees charged should reflect the number of employees

that each agency assigns to diplomatic facilities overseas. According to both the General Accounting Office and the Department,

over 160 diplomatic facilities need immediate replacement in order

to meet mandated security requirements. The funds expected to be

generated by this new cost-sharing program are intended to expedite the construction schedule for this large number of facilities,

shortening it from twenty-six to twelve years. The Committee expects that the Secretary of State will consult with other affected

agencies in developing an appropriate program to implement this

authority.

Section 207. Prohibition on Transfer of Certain Visa Processing

Fees

This section provides that certain visa processing fees collected

by the Department of State may not be transferred to any other

agency.

Section 208. 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.

The budget request for fiscal year 2004 requests $2.8 million for

deployment of 150 Special Agents who would be assigned on temporary duty to Athens prior to and during the games. Such support

by Diplomatic Security to the U.S. Olympic Team is not unprecedented, although the level of support contemplated for the 2004

games significantly exceeds past practice. The Committee is concerned that the deployment of agents to Athens not degrade security at overseas missions. The Committee has been informed by Department officials that current plans call for the majority of agents

to be sent from assignments in the United States; the Committee

expects to be consulted if the final plan for Athens security requires a significant drawdown of agents from overseas posts.

SUBTITLE B—EDUCATIONAL, CULTURAL, AND PUBLIC DIPLOMACY

AUTHORITIES

Section 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.

11

Section 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, searching for 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 the security of the Main State building. The Committee

understands that a feasibility study is being conducted to determine if the necessary operating funds can be raised through voluntary contributions. The Committee looks forward to reviewing

the results of this study and understands that, should the study indicate that voluntary funding would not be sufficient, the Department will re-evaluate its plans to establish the Center.

Section 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.

TITLE III—ORGANIZATION AND PERSONNEL OF THE

DEPARTMENT OF STATE

Section 301. Fellowship of Hope Program

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

In view of the recent diplomatic difficulties between the United

States and several European nations, the Committee believes this

is a worthwhile program to maintain and strengthen United

States-European relations.

Section 302. Cost-of-Living Allowances

This section modifies current law to authorize payments to cover

certain education costs and education-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.

Section 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

12

temporary basis in positions for which it is exceptionally difficult

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

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

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

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

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

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

U.S.C. 8468(f)(A)). The Committee expects the Department to ensure that such waivers are granted only in a limited number of exceptional cases and that such waivers are authorized only by the

Under Secretary for Management.

Section 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.

Section 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 difficult

posts, and is further justified given the exceptionally dangerous

and difficult circumstances in many countries.

Section 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 in cases of

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

13

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

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

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

in suspensions under this section.

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

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

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

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

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

Cirs. 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) to the State Department Basic Authorities

Act of 1956).

Section 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.

Section 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 of 1980 that requires members of the Senior Foreign Service to be subjected to a recertification process that is

equivalent to the recertification process for member 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.

Section 309. Deadline for Issuance of Regulations Regarding Retirement Credit for Government Service Performed Abroad

This establishes a deadline 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.

Section 310. Separation of Lowest Ranked Foreign Service Members

This section modifies existing personnel review procedures which

require Foreign Service promotion panels to ‘‘low rank’’ 5 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 recVerDate 11-MAY-2000 13:08 Apr 25, 2003 Jkt 000000 PO 00000 Frm 00013 Fmt 6602 Sfmt 6602 108-39.TXT SFORELA1 PsN: SFORELA1
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ommend their 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 the 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 304 of the Foreign Service Act of 1980, the President may confer such rank, without the

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

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

to the Committee a financial disclosure statement completed by the

individual.

Section 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 the overseas housing benefit. These changes

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

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

TITLE IV—INTERNATIONAL ORGANIZATIONS

Section 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 that had to be

met before the United States would pay its arrears. Negotiations

in 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.

15

Section 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.

Section 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 in connection with 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 UN Security Council or the

UN 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 UN sanctions to a leadership position in the United

Nations General Assembly, the United Nations Commission on

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

entity of the United Nations.

TITLE V—DESIGNATION OF FOREIGN TERRORIST

ORGANIZATIONS

Section 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

16

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

a separate administrative record for such an amendment. 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, consistent

with 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 OUTREACH TO THE ISLAMIC

WORLD

SUBTITLE A—PUBLIC DIPLOMACY

Section 601. Plans, Reports, and Budget Documents

This section is designed to ensure that the Executive Branch

(and the Department of State in particular) devotes proper attention to public diplomacy in its planning and budget processes.

Subsection (a) requires the President to prepare an international

information strategy that consists of plans designed for the major

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

significant Muslim populations.

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

a comprehensive discussion of how public diplomacy activities are

integrated into the strategy.

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

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

requirements, this subsection mandates discussion of public diplomacy activities as part of several reports already required by law

or by Department policy.

Section 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.

Section 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 dialog with foreign audiences requires that we speak to the audiences

17

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

Section 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.

Section 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.

Section 613. Secondary Exchange Program

In this section, the Secretary of State is authorized to establish

a new international student exchange program modeled on the Future Leaders Exchange Program for high school students from

countries with significant Muslim populations. The Committee is

persuaded that such investments in youth education will benefit

both the students and their host families and will promote mutual

understanding of one another’s culture and values.

Section 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

Section 621. Short Title

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

Section 622. Fellowship Program

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

18

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 broadcasting

services serve, through their daily broadcasts, as a model of how

a journalistic enterprise should operate in a free society. Through

this small training program, they can further contribute to the

freedom of the press in the countries to which 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.

Section 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.

Section 624. Administrative Provisions

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

TITLE VII—INTERNATIONAL PARENTAL CHILD ABDUCTION

PREVENTION

Section 701. Short Title

The short title of this subtitle is ‘‘International Parental Child

Abduction Prevention Act of 2003.’’

Section 702. Inadmissibility of Aliens Supporting International

Child Abductors and Relatives of Such Abductors

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

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

certain family members of child abductors. It expands the category

of persons the Secretary of State may designate as ineligible to receive visas to include grandchildren, grandparents, cousins, uncles,

aunts, nephews and nieces of a child abductor.

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

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

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

discretion in order to permit the Secretary flexibility in seeking the

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

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

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

19

TITLE VIII—MISCELLANEOUS PROVISIONS

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

This section repeals the requirement that the Department report

semi-annually on extradition of narcotics traffickers from Andean

countries. The Executive Branch requested this repeal.

Section 802. Technical Amendments to the United States International Broadcasting Act of 1994

This section makes technical amendments that 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.

Section 803. Foreign Language Broadcasting

Subsection (a) prohibits the Broadcasting Board of Governors

from eliminating foreign language broadcasts in several languages

of nations in Central and Eastern Europe which were proposed for

elimination or reduction in the President’s budget request for fiscal

year 2004. The Committee did not agree with this request, and authorized appropriations of the funds necessary to retain broadcasting to these nations at current levels (amounting to just under

$9 million). The Committee has been informed by the staff of the

Board that the Board would need to begin taking personnel actions

during fiscal year 2003 in order to implement the proposed fiscal

year 2004 reductions. The Committee is concerned that any such

action would improperly assume congressional enactment of the

President’s budget.

Subsection (b) requires a report by the Secretary of State on the

state of democratic governance and press freedom in the countries

in Central and Eastern Europe in which the broadcasts described

in subsection (a) are slated for elimination.

Subsection (c) states the sense of Congress that providing surrogate broadcasting in countries that have a stable, democratic government and a vibrant, independent press with legal protections

should not be a priority of U.S. international broadcasting efforts.

Section 804. Fellowships for Multidisciplinary Training on Nonproliferation Issues

This section seeks 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.

Section 805. Requirement for Report on United States Policy Toward Haiti

This section requires that the Secretary of State, in consultation

with the Secretary of the Treasury, report in detail on United

States policy toward Haiti, including the steps the United States

is taking to resolve the political crisis in Haiti and its anticipated

20

activities to promote free and fair elections in the country. The report must also include an assessment on the degree to which Organization of American States Permanent Council Resolution 822

(September 4, 2002), which calls for the normalization of economic

cooperation between international financial institutions and Haiti,

is a viable approach to resolving the crisis. The report will also address the status of efforts to release the approximately $146 million

of development loan funds that have been approved by the InterAmerican Development Bank to Haiti; steps to overcome obstacles

preventing the release of the funds, including the possibility of

bridge loans; and the United States’ options to provide other technical assistance to Haiti to meet international financial transparency requirements. The Committee is persuaded that the

United States has a political and economic interest, as well as a

humanitarian responsibility, to address the dire situation in Haiti.

Section 806. Victims of Violent Crime Abroad

This section directs the Secretary of State to develop a proposal

to increase the services provided to American victims of violent

crime overseas, and to explore ways in which victims could be compensated that is not taxpayer funded, similar to domestic victim

compensation plans. It also directs the Secretary to establish a

database to track the incidents of violent crime against Americans

that are reported to an embassy or consulate.

The Committee acknowledges the State Department’s attempts

to address the increasing problem of American victims of violent

crime abroad. However, the State Department’s current Victims of

Crime Overseas Program appears insufficient to meet the needs of

the many Americans who work, live, study or are traveling abroad

who are victims of serious crime. Until only recently, capacitybuilding efforts (such as training consular officers to adequately address the needs of crime victims) were handled by only one specialist. The Committee urges the Secretary to bolster the Department’s capacity to manage and find creative solutions to this growing problem.

Section 807. Limitations 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.

Section 808. Requirement for Additional Report Concerning Efforts

To Promote Israel’s Diplomatic Relations With Other Countries

This section extends for another year a reporting requirement

outlining efforts undertaken to promote Israel’s diplomatic relations with nations around the world.

Section 809. 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 coVerDate 11-MAY-2000 13:08 Apr 25, 2003 Jkt 000000 PO 00000 Frm 00020 Fmt 6602 Sfmt 6602 108-39.TXT SFORELA1 PsN: SFORELA1
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exist with Israel, and it must take appropriate measures to counter

terrorism and terrorist financing in the West Bank and Gaza.

Section 810. Middle East Broadcasting Network

This section of the bill amends the United States International

Broadcasting Act of 1994 (22 U.S.C 6201 et seq.) to authorize the

establishment of a Middle East Broadcasting Network as a non-federal grantee organization, similar to RFE/RL and Radio Free Asia.

The Committee expects to receive a proposal from the Administration to address protections for the rights and benefits of Federal

employees who leave Federal employment to work for this new

grantee organization.

Section 811. Sense of the Congress Relating to International and

Economic Support for a Successor Regime in Iraq

This section expresses the sense of the Congress that the President should be commended for seeking the support of the international community to build a stable and secure Iraq, that the

President’s position that the oil resources of Iraq are the sovereign

possessions of the Iraqi people is supported, and that the President

should pursue measures to protect an interim or successor regime

in Iraq from the negative economic implications of indebtedness incurred by Saddam Hussein’s regime and to assist in developing a

resolution of all outstanding claims against Iraq.

Section 812. 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.

Section 813. Sense of Congress on Climate Change

This section expresses the sense of Congress regarding global climate change negotiations and calls for a bipartisan Senate observer group to monitor any negotiations to ensure that the advice

and consent function of the Senate is exercised in a manner so as

to facilitate timely consideration of any new treaty submitted to the

Senate.

Section 814. Extension of Authorization of Appropriation for the

United States Commission on International Religious Freedom

This section extends the $3 million authorized in previous legislation to FY 2004 for the Commission on International Religious

Freedom, a federally funded commission that reports on the status

of religious freedom in countries around the world.

TITLE IX—PEACE CORPS CHARTER FOR THE 21ST CENTURY

Section 901. Short Title

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

Charter for the 21st Century Act.’’

22

Section 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.

Section 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.

Section 904. Strengthening 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.

Section 905. Reports and Consultations

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

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

the organization. It also calls for timely Congressional consultation

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

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

Act, describing current student loan forgiveness programs available

to volunteers, and a comparison with other government-sponsored

loan forgiveness programs.

Section 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.

Section 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

23

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.

Section 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.

Section 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.

Section 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.

Section 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 monies are to be used

to support programs or proposals submitted by returned Peace

Corps volunteers. Not more than 20% 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.

Section 912. Authorization of Appropriations

This section authorizes funds through fiscal year 2007 at the administration’s requested levels as follows, $359,000,000 for fiscal

year 2004, $401,000,000 for fiscal year 2005, $443,000,000 for fiscal

year 2006, and $485,000,000 for fiscal year 2007.

V. 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:

24

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, April 24, 2003.

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 the Foreign Relations Authorization Act, Fiscal Year

2004.

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.]

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

Foreign Relations Authorization Act, Fiscal Year 2004

SUMMARY

The bill would authorize appropriations of about $8.8 billion for

the Department of State and related agencies for 2004. It also

would authorize appropriations totaling about $1.7 billion for the

Peace Corps over the 2004-2008 period. The bill also contains provisions that would raise the cost of discretionary programs for personnel and public diplomacy over the 2005-2008 period. CBO estimates that those provisions would require appropriations of $360

million over those four years. CBO estimates that appropriation of

the authorized and estimated amounts would result in additional

discretionary spending of $10.5 billion over the 2004-2008 period.

CBO estimates that the bill also would affect direct spending by

less than $500,000 a year and increase governmental receipts (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.

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA)

and would impose no costs on State, local, or tribal governments.

ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of the bill is shown in the following table. CBO assumes that the authorized amounts will be appropriated by the start of each fiscal year and that outlays would

follow historical spending patterns. The costs of this legislation fall

within budget functions 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).

25

[By Fiscal Year, in Millions of Dollars]

2003 2004 2005 2006 2007 2008

SPENDING SUBJECT TO APPROPRIATION 1

Spending Under Current Law for State Department, Peace Corps, and Related Agencies:

Authorization Level 2 3 ................................. 8,790 900 0 0 0 0

Estimated Outlays ....................................... 8,794 3,221 1,573 1,013 624 347

Proposed Changes:

Estimated Authorization Level ..................... 0 9,140 489 532 576 92

Estimated Outlays ....................................... 0 6,132 2,102 1,066 911 305

Spending Under the Foreign Relations Authorization Act, Fiscal Year 2004:

Estimated Authorization Level 2 3 ................ 8,790 10,040 489 532 576 92

Estimated Outlays ....................................... 8,794 9,354 3,675 2,078 1,535 652

1 The bill also would affect direct spending and receipts, but these effects would be less than $500,000 in each year.

2 The 2003 level is the amount appropriated for that year.

3 $900 million was authorized to be appropriated in 2004 by Public Law 106–113.

BASIS OF ESTIMATE

Spending Subject to Appropriation

The bill would authorize appropriations of $9.1 billion in 2004

and almost $10.5 billion over the 2004-2008 period. The bill also

contains provisions that would affect costs for personnel and public

diplomacy. In addition to the costs covered by the specified authorizations in the bill for 2004, implementing these provisions would

require appropriations of $360 million over the 2005-2008 period.

CBO estimates that implementing the bill would cost $10.5 billion

over the 2004-2008 period, and an additional amount of about $200

million after 2008, assuming appropriation of the necessary

amounts.

Peace Corps. Title IX of the bill would require the Director of the

Peace Corps to develop a plan to increase the number of Peace

Corps volunteers to twice the number of volunteers in service in

2002. It also would triple the readjustment allowance authorized to

returning volunteers and would authorize appropriations to fund

this growth through 2007. CBO estimates implementing these provisions would cost $280 million in 2004 and $1.6 billion over the

2004-2008 period, assuming the appropriation of the authorized

amounts.

Middle East Broadcasting Network. Section 810 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 at an

annual cost of about $10 million. The BBG plans to add a satellite

television network that would provide news, entertainment, and information programs to complement this radio programming. Public

Law 108–11 provided $26 million in 2003 for start-up costs of the

network. Based on information from the BBG, CBO estimates that

operating costs for this television network would be $37 million a

26

year over the 2004-2008 period. The bill provides a specific authorization of appropriations of $47 million in 2004 only.

Exchange Programs. Sections 612 and 613 would establish new

educational and cultural exchange programs and expand existing

ones. Title I would authorize the appropriation of $30 million for

this purpose in 2004. CBO estimates that continuing these programs would cost an additional $130 million over the 2005-2008 period.

Corporation for National and Community Service. Title IX also

would authorize the appropriation of $10 million in 2004 to the

Corporation for National and Community Service to provide grants

to nonprofit organizations that support returned Peace Corps volunteers in promoting an understanding of other peoples on the part

of the American people. CBO estimates implementing this section

would cost $2 million in 2004, and $10 million over the 2004-2008

period.

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 State Department employees

serving overseas. Based on information from the Department of

State, CBO estimates implementing this section would cost $8 million to $9 million annually over the 2004-2008 period. The bill provides a specific authorization of appropriations for $8 million in

2004 only.

Indefinite Authorizations for Currency Fluctuations. Section

103(c) would authorize such sums as may be necessary in 2004 to

compensate for adverse fluctuations in exchange rates that might

affect contributions to international organizations. Any funds appropriated for this purpose would be obligated and expended subject to certification by the Office of Management and Budget. 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.

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, DC. According to

the Department of State, it would establish the center through a

partnership with the nonprofit Foreign Affairs Museum Council

(FAMC); the department would provide the space, staff, and security for the center, while FAMC would provide funding from private

sources. A feasibility study is currently underway, and the department was unable to provide details that would allow CBO to estimate the operating costs of the center.

Reimbursement Rate for Airlift Services. Section 204 would reduce by about half the reimbursement rate paid by the Department

of State to the Department of Defense (DOD) for transporting armored vehicles by air. Over the 2000-2002 period, the department

reimbursed DOD an average of $2 million a year and CBO estimates that annual savings as a result of the bill would be roughly

$1 million.

Educational Expenses of Dependent Children. Section 302 would

authorize payments for certain educational expenses of dependent

27

children of Foreign Service employees posted oversees. Based on information from the Department of State, CBO estimates implementing this section 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 6 months working at the

Voice of America, Radio Free Europe/Radio Liberty, or Radio Free

Asia. BBG would pay their salaries, living expenses, and travel

costs. Based on information from 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, but each provision would probably cost

less than $500,000 a year.

Miscellaneous Provisions. CBO estimates that several sections of

the bill (including some from Title III that would amend compensation benefits for State Department personnel) would have an insignificant impact on spending subject to appropriation:

• Section 213 would authorize an educational program for young

Latin American professionals to promote civilian control of government ministries with national security functions.

• 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 of 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.

Direct Spending and Revenues

CBO estimates that several provisions in the bill would affect direct spending and revenues by less than $500,000 annually.

Cost-Sharing for New Diplomatic Facilities. Section 206 would

allow the Department of State, beginning in 2005, to charge a fee

to every Federal agency that has a presence at any United States

diplomatic facility to help fund the construction of new diplomatic

facilities. The amount of the fee charged would be determined by

a formula that takes into account the number of employees assigned to each diplomatic mission. Based on information from the

Office of Management and Budget and the Department of State,

CBO estimates that construction of new diplomatic facilities could

cost about $1 billion a year over the next several years and that

roughly 40 percent of these costs would be born by Federal agencies other than the Department of State. Because the collection and

spending of the fees would not be subject to the annual appropriation process, this provision would affect direct spending. CBO estiVerDate 11-MAY-2000 13:08 Apr 25, 2003 Jkt 000000 PO 00000 Frm 00027 Fmt 6602 Sfmt 6602 108-39.TXT SFORELA1 PsN: SFORELA1
28

mates that collections from the new fee would offset spending on

construction, and that this proposal would not significantly increase or decrease Federal spending as a whole, but would merely

shift costs from the Department of State to other Federal agencies.

Ultimately, all such Federal costs are and still would be subject to

appropriation of the necessary amounts. (That is, the only direct

spending effects relate to the intragovernmental transfers and their

use by the Department of State.)

Law Enforcement. 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 spent in subsequent years. CBO estimates that the criminal penalties that would

be created under the bill would increase direct spending from the

Crime Victims Fund by less than $500,000 per year.

Reimbursements from the United States Olympic Committee. Section 208 would allow the Department of State to seek and retain

reimbursement for security provided by special agents to the U.S.

Olympic Team during the 2004 Summer Olympic Games in Athens,

Greece. The department plans to deploy about 150 special agents

at an estimated cost of $3 million, but it is uncertain how much

of this cost would be recovered.

United States Diplomacy Center. 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 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.

Foreign Service Pay and Retirement. 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 of State 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 terminations procedures for each Foreign Service class. CBO estimates that these

three provisions would have an insignificant effect on direct spending.

INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

The bill contains no intergovernmental or private-sector mandates as defined in UMRA and would impose no costs on State,

local, or tribal governments.

Estimates prepared by:

Federal Costs: State Department: Sunita D’Monte. Peace Corps

and Corporation for National and Community Service: Joseph C.

29

Whitehill. Foreign Service Retirement: Geoffrey Gerhardt. Law Enforcement: Mark Grabowicz.

Impact on State, local, and tribal governments: Victoria Heid

Hall.

Impact on the Private Sector: Paige Piper/Bach.

Estimate approved by:

Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

VI. EVALUATION OF REGULATORY IMPACT

Rule XXVI, paragraph 11(b) of the Standing Rules of the Senate

requires an evaluation of the regulatory impact of the bill. A handful of provisions in the bill (e.g., Sections 203 and 309) authorize

or require the issuance of regulations. These regulatory powers relate, however, to the administration or protection of Department facilities or to personnel matters, and would not involve regulation

of private commerce or have an economic impact.

VII. CHANGES IN EXISTING LAW

In compliance with Rule XXVI, paragraph 12 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).

State Department Basic Authorities Act of 1956

* * * * * * *

TITLE I—BASIC AUTHORITIES GENERALLY

ORGANIZATION OF THE DEPARTMENT OF STATE

* * * * * * *

SEC. 2. The Secretary of State, may use funds appropriated otherwise available to the Secretary to— (a)–(m) * * *

(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.

* * * * * * *

ADMINISTRATIVE SERVICES

* * * * * * *

SEC. 34. (a) * * *

* * * * * * *

30

ø(c) The Secretary of State may waive the notification requirement of subsection (a), if the Secretary determines that failure to

do so would pose a substantial risk to human health or welfare. In

the case of any waiver under this subsection, notification to the

Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations

and the Committee on Appropriations of the House of Representatives shall be provided as soon as practicable, but not later than

3 days after taking the action to which the notification requirement

was applicable, and shall contain an explanation of the emergency

circumstances.¿

(c)(1) The Secretary may waive the notification requirement of

subsection (a) and of any other law if the Secretary determines

that—(A) compliance with the requirement would pose a substantial

risk to human health or welfare; or

(B) doing so is necessary to provide for the establishment, or

renovation of, a diplomatic facility in urgent circumstances, except that the notification requirement may not be waived with

respect to the reprogramming of more than $10,000,000 for such

facility in any one instance.

(2) In the case of any waiver under this subsection, the Secretary

shall transmit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the

House of Representatives as soon as is practicable, but not later

than 3 days after the obligation of the funds a notification of the

waiver. The notification shall include an explanation of the circumstances warranting the exercise of the waiver.

* * * * * * *

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.

31

(B) NOTIFICATION TO ATTORNEY GENERAL.—As soon as

practicable following the issuance of a subpoena under this

subsection, the Secretary shall notify the Attorney General

of its issuance.

(C) OTHER REQUIREMENTS.—The following provisions of

section 3486 of title 18, United States Code, shall apply to

the exercise of the authority of paragraph (1):

(i) Paragraphs (4) through (8) of subsection (a).

(ii) Subsections (b), (c), and (d).

(3) DELEGATION OF AUTHORITY.—The authority under this

subsection may be delegated only to the Deputy Secretary of

State.

(4) ANNUAL REPORT.—Not later than February 1 of each year,

the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report regarding the exercise of the authority under this subsection during the previous

calendar year.

SEC. 37A. PROTECTION OF BUILDINGS AND AREAS IN THE UNITED

STATES BY DESIGNATED LAW ENFORCEMENT OFFICERS.

(a) DESIGNATION OF LAW ENFORCEMENT OFFICERS.—The Secretary of State may designate Department of State uniformed

guards as law enforcement officers for duty in connection with the

protection of buildings and areas within the United States for

which the Department of State provides protective services, including duty in areas outside the property to the extent necessary to protect the property and persons on the property.

(b) POWERS OF OFFICERS.—While engaged in the performance of

official duties as a law enforcement officer designated under subsection (a), an officer may—

(1) enforce Federal laws and regulations for the protection of

persons and property;

(2) carry firearms; and

(3) make arrests without warrant for any offense against the

United States committed in the officer’s presence, or for any felony cognizable under the laws of the United States if the officer

has reasonable grounds to believe that the person to be arrested

has committed or is committing such felony in connection with

the buildings and areas, or persons, for which the Department

of State is providing protective services.

(c) REGULATIONS.—(1) The Secretary of State may prescribe regulations necessary for the administration of buildings and areas

within the United States for which the Department of State provides

protective services. The regulations may include reasonable penalties, within the limits prescribed in subsection (d), for violations

of the regulations.

(2) The Secretary shall consult with the Secretary of Homeland

Security in prescribing the regulations under paragraph (1).

(3) The regulations shall be posted and kept posted in a conspicuous place on the property.

(d) PENALTIES.—A person violating a regulation prescribed under

subsection (c) shall be fined under title 18, United States Code, or

imprisoned for not more than 30 days, or both.

32

(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. 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.

* * * * * * *

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.

(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 ARTI- FACTS AND MATERIALS.— (1) PROPERTY OF SECRETARY.—All historic documents, artifacts, or other articles permanently acquired by the Department

of State and determined by the Secretary to be suitable for display in the United States Diplomacy 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

33

(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.

* * * * * * *

34

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) * * *

(2)(A) The President may, by and with the advice and consent of

the Senate, confer the personal rank of career ambassador upon a

career member of the Senior Foreign Service in recognition of especially distinguished service over a sustained period.

(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.¿

* * * * * * *

CHAPTER 5—CLASSIFICATION OF POSITIONS AND ASSIGNMENTS

* * * * * * *

SEC. 503. ASSIGNMENTS TO AGENCIES, INTERNATIONAL ORGANIZATIONS, 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;

* * * * * * *

35

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) SUSPENSION.—(1) The Secretary may suspend a member of the

Foreign Service without pay when there is reasonable cause to believe that the member has committed a crime for which a sentence

of imprisonment may be imposed and there is a connection between

the conduct and the efficiency of the Foreign Service.

(2) Any member of the Foreign Service for which a suspension

is proposed shall be entitled to—

(A) written notice stating the specific reasons for the proposed suspension;

(B) a reasonable time to respond orally and in writing to

the proposed suspension;

(C) representation by an attorney or other representative;

and

(D) a final written decision, including the specific reasons

for such decision, as soon as practicable.

(3) Any member suspended under this section may file a

grievance in accordance with the procedures applicable to grievances under chapter 11 of this title.

(4) In the case of a grievance filed under paragraph (3), the

review by the Foreign Service Grievance Board—

(A) 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

36

(B) may not exercise the authority provided under section

1106(8) of the Foreign Service Act of 1980 (22 U.S.C.

4136(8)).

(5) In this section:

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

(i) with respect to a member of the Foreign Service

assigned to duty in the United States, 15 days after receiving notice of the proposed suspension; and

(ii) with respect to a member of the Foreign Service

assigned to duty outside the United States, 30 days

after receiving notice of the proposed suspension.

(B) The term ‘‘suspend’’ or ‘‘suspension’’ means the placing of a member of the Foreign Service, for disciplinary

reasons, in a temporary status without duties.

* * * * * * *

CHAPTER 7—CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

* * * * * * *

SEC. 703. CAREER DEVELOPMENT.—(a) * * *

(b) Junior Foreign Service officer training shall be directed primarily toward providing expert knowledge in the basic functions of

analysis and reporting as well as in public diplomacy, consular, administrative, and linguistic skills relevant to the full range of future job assignments. Midcareer training shall be directed primarily toward development and perfection of management, functional, negotiating, and policy development skills to prepare the officers progressively for more senior levels of responsibility.

* * * * * * *

SEC. 709. PUBLIC DIPLOMACY TRAINING.

The Secretary shall ensure that public diplomacy is an important

component of training at all levels of the Foreign Service.

CHAPTER 8—FOREIGN SERVICE RETIREMENT AND DISABILITY

* * * * * * *

SEC. 824. REEMPLOYMENT.—(a) * * *

* * * * * * *

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

37

(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

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.

* * * * * * *

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

38

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

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;

39

(2) make available living quarters in New York leased or

rented by the United States for a period of not more than 10

years to—

(A) not more than 40 members of the Foreign Service assigned to the United States Mission to the United Nations

or other United States representatives to the United Nations; and

(B) not more than 2 employees who serve at the pleasure

of the Permanent Representative of the United States to the

United Nations; and

(3) provide an allowance, as the Secretary considers appropriate, to each Delegate and Alternate Delegate of the United

States to any session of the General Assembly of the United Nations who is not a permanent member of the staff of the United

States Mission to the United Nations, in order to compensate

each such Delegate or Alternate Delegate for necessary housing

and subsistence expenses with respect to attending any such session.

(b) The Secretary may not make available living quarters or allowances under subsection (a) to an employee who is occupying living quarters that are owned by such employee.

(c) Living quarters and allowances provided under subsection (a)

shall be considered for all purposes as authorized—

(1) by chapter 9 of title I of the Foreign Service Act of 1980;

and

(2) by section 5913 of title 5, United States Code.

(d) The Inspector General for the Department of State and the

Broadcasting Board of Governors shall periodically review the administration of this section with a view to achieving cost savings

and developing appropriate recommendations to make to the Secretary of State regarding the administration of this section.

* * * * * * *

The Peace Corps Act

* * * * * * *

TITLE I—THE PEACE CORPS

* * * * * * *

PEACE CORPS AS AN INDEPENDENT AGENCY

SEC. 2A. Effective on the date of the enactment of the International Security and Development Cooperation Act of 1981, the

Peace Corps shall be an independent agency within the executive

branch and shall not be an agency within the ACTION Agency, the

successor to the ACTION Agency, or any other department or agency of the United States. As the Peace Corps is an independent agency, all recruiting of volunteer shall be undertaken primarily by the

Peace Corps.

40

AUTHORIZATION

SEC. 3. (a) The President is authorized to carry out programs in

furtherance of the purposes of this Act, on such terms and conditions as he may determine.

(b)(1) There are authorized to be appropriated to carry out the purposes of this Act $270,000,000 for fiscal year 2000, $298,000,000

for fiscal year 2001, $327,000,000 for fiscal year ø2002, and¿ 2002,

$365,000,000 for fiscal year 2003, $359,000,000 for fiscal year 2004, $401,000,000 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

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

41

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.

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;

42

(B) the rationale for undertaking such new initiatives;

(C) an estimate of the cost of such initiatives; and

(D) any impact such initiatives may have on the safety of

volunteers; and

(3) a description of standard security procedures for any

country in which the Peace Corps operates programs or is considering doing so, as well as any special security procedures

contemplated because of changed circumstances in specific

countries, and assessing whether security conditions would be

enhanced— (A) by colocating volunteers with international or local

nongovernmental organizations; or

(B) with the placement of multiple volunteers in one location.

(b) CONSULTATIONS ON NEW INITIATIVES.—The Director of the

Peace Corps should consult with the Committee on Foreign Relations of the Senate and the Committee on International Relations of

the House of Representatives with respect to any major new initiatives not previously discussed in the latest annual report submitted

to Congress under subsection (a) or in budget presentations. Whenever possible, such consultations should take place prior to the initiation of such initiatives, but in any event as soon as is practicable

thereafter.

PEACE CORPS NATIONAL ADVISORY COUNCIL

SEC. 12. (a) ESTABLISHMENT.—* * *

(b) * * *

(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) * * *

(B) * * *

(C) * * *

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

43

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 neglect 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

44

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 Relations Authorization Act, Fiscal Year

1994–1995

* * * * * * *

TITLE I—DEPARTMENT OF STATE AND RELATED AGENCIES

* * * * * * *

PART B—AUTHORITIES AND ACTIVITIES

* * * * * * *

SEC. 140. VISAS.

(a) SURCHARGE FOR PROCESSING CERTAIN VISAS.— (1) Notwithstanding 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 identification cards and

nonimmigrant visas.

(2) Fees collected under the authority of paragraph (1) shall

be deposited as an offsetting collection to any Department of

State appropriation, to recover the costs of providing consular

services. Such fees shall remain available for obligation until

expended, and shall not be transferred to any other agency.

* * * * * * *

SEC. 404. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEPING OPERATIONS.

* * * * * * *

(b) LIMITATION ON UNITED STATES CONTRIBUTIONS.—* * *

* * * * * * *

(B) REDUCTION IN UNITED STATES SHARE OF ASSESSED CONTRIBUTIONS.—* * *

(i)–(iv) * * *

45

(v) For assessments made during a calendar year after

calendar year 2004, 27.40 percent.

* * * * * * *

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 Authorizations 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 comVerDate 11-MAY-2000 13:08 Apr 25, 2003 Jkt 000000 PO 00000 Frm 00045 Fmt 6602 Sfmt 6602 108-39.TXT SFORELA1 PsN: SFORELA1
46

mittees that includes the following information (in classified or unclassified form, as appropriate):

(1) Actions taken by the United States to encourage other

countries to establish full diplomatic relations with Israel.

(2) Specific responses solicited and received by the Secretary

from countries that do not maintain full diplomatic relations

with Israel with respect to the status of negotiations to enter

into diplomatic relations with Israel.

(3) Other measures being undertaken, and measures that

will be undertaken, by the United States to ensure and promote Israel’s full participation in the world diplomatic community.

* * * * * * *

TITLE III—ORGANIZATION AND PERSONNEL OF THE

DEPARTMENT OF STATE

* * * * * * *

SUBTITLE B—PERSONNEL MATTERS

* * * * * * *

SEC. 321. 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 2004, and take such action

as may be necessary and appropriate to implement this section.

* * * * * * *

TITLE IV—INTERNATIONAL ORGANIZATIONS

* * * * * * *

øSEC. 408. UNITED STATES MEMBERSHIP ON THE UNITED NATIONS

COMMISSION ON HUMAN RIGHT 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

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

47

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.

* * * * * * *

Emergency Supplemental Act, 2000

* * * * * * *

øSEC. 3203. REPORT ON EXTRADITION OF NARCOTICS TRAF- FICKERS.—(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—

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

48

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.¿

* * * * * * *

Immigration and Nationality Act

* * * * * * *

INADMISSIBLE ALIENS

SEC. 212. (a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR ADMIS- SION.—Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive

visas and ineligible to be admitted to the United States:* * *

(1)–(9) * * *

(10) MISCELLANEOUS.— (A)–(B) * * *

(C) INTERNATIONAL CHILD ABDUCTION.— (i) IN GENERAL.—Except as provided in clause (ii), any

alien who, after entry of an order by a court in the United

States granting custody to a person of a United States citizen child who detains or retains the child, or withholds

custody of the child, outside the United States from the

person granted custody by that order, is inadmissible until

the child is surrendered to the person granted custody by

that order.

(ii) ALIENS SUPPORTING ABDUCTORS AND RELATIVES OF

ABDUCTORS.—Any alien who—

(I) is known by the Secretary of State to have intentionally assisted an alien in the conduct described in

clause (i)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 deVerDate 11-MAY-2000 13:08 Apr 25, 2003 Jkt 000000 PO 00000 Frm 00048 Fmt 6602 Sfmt 6602 108-39.TXT SFORELA1 PsN: SFORELA1
49

scribed in clause (i), or is a spouse of the abducted

child described in clause (i), if such person has been

designated by the Secretary of State, at the Secretary

of State’s sole and unreviewable discretion,

is inadmissible until the child described in clause (i) is surrendered to the person granted custody by the order described in that clause, and such person and child are permitted to return to the United States or such person’s place

of residence, or until the abducted child is 21 years of age.

(iii) EXCEPTIONS.—* * *

(iv) AUTHORITY TO CANCEL CERTAIN DESIGNATIONS.—The

Secretary of State may, at the Secretary of State’s sole and

unreviewable discretion, at any time, cancel a designation

made pursuant to clause (ii)(III).

(v) IDENTIFICATION OF ALIENS SUPPORTING ABDUCTORS

AND RELATIVES OF ABDUCTORS.—In all instances in which

the Secretary of State knows that an alien has committed

an act described in clause (i), the Secretary of State shall

take appropriate action to identify the individuals who are

potentially inadmissible under clause (ii).

(vi) ENTRY OF ABDUCTORS AND OTHER INADMISSIBLE PERSONS IN CONSULAR LOOKOUT AND SUPPORT SYSTEM.—In all

instances in which the Secretary of State knows that an

alien has committed an act described in clause (i), the Secretary of State shall take appropriate action to cause the

entry into the Consular Lookout and Support System of the

name or names of, and identifying information about, such

individual and of any persons identified pursuant to clause

(v) as potentially inadmissible under clause (ii).

(vii) DEFINITIONS.—In this subparagraph:

(I) CHILD.—The term ‘‘child’’ means a person under

21 years of age regardless of marital status.

(II) SIBLING.—The term ‘‘sibling’’ includes step-siblings and half-siblings.

* * * * * * *

SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

(a) DESIGNATION.—

(1) IN GENERAL.—The Secretary is authorized to designate an

organization as a foreign terrorist organization in accordance

with this subsection if the Secretary finds that—

* * * * * * *

(3) RECORD.—

(A) IN GENERAL.—In making a designation under this

subsection, the Secretary shall create an administrative

record.

(B) CLASSIFIED INFORMATION.—The Secretary may consider classified information in making a designation under

this subsection. Classified information shall not be subject

to disclosure for such time as it remains classified, except

that such information may be disclosed to a court ex parte

50

and in camera for purposes of judicial review øunder subsection (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.—

(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

51

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).

(ii) PROCEDURES.—If a review does not take place

pursuant to subparagraph (B) in response to a petition

for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Secretary. The results of such review and the applicable procedures

shall not be reviewable in any court.

(iii) PUBLICATION OF RESULTS OF REVIEW.—The Secretary shall publish any determination made pursuant

to this subparagraph in the Federal Register.

* * * * * * *

(6) REVOCATION BASED ON CHANGE IN CIRCUMSTANCES.—

(A) IN GENERAL.—The Secretary may revoke a designation made under paragraph (1) 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 proVerDate 11-MAY-2000 13:08 Apr 25, 2003 Jkt 000000 PO 00000 Frm 00051 Fmt 6602 Sfmt 6602 108-39.TXT SFORELA1 PsN: SFORELA1
52

ceeding 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

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;

53

(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 Secretary shall reduce such Government information activities whenever corresponding private information dissemination is found to be

adequate; (2) that nothing in this Act shall be construed to give the

Department a monopoly in the production or sponsorship on the air

of short-wave broadcasting programs, or a monopoly in any other

medium of information.¿

SEC. 502. PLANS, REPORTS, AND BUDGET DOCUMENTS.

(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 preparation of the 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

54

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 Bureau Performance Plan and each Mission Performance Plan, under regulations of the Department,

includes an extensive public diplomacy component.

* * * * * * *

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

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:

55

(1) To supervise all broadcasting activities conducted pursuant to this title, the Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba Act, and Worldnet Television, except as provided in section 306(b).

(2) To review and evaluate the mission and operation of, and

to assess the quality, effectiveness, and professional integrity

of, all such activities within the context of the broad foreign

policy objectives of the United States.

(3) To ensure that United States international broadcasting

is conducted in accordance with the standards and principles

contained in section 303.

(4) To review, evaluate, and determine, at least annually,

after consultation with the Secretary of State, the addition or

deletion of language services.

(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

56

Asia, and Middle East Broadcasting Network, RFE/RL, Incorporated, the Broadcasting Board of Governors, and, as appropriate,

the Office of Cuba Broadcasting, the Voice of America, and

Worldnet.

* * * * * * *

SEC. 310. MIDDLE EAST BROADCASTING NETWORK.

(a) AUTHORITY.Grants authorized under section 305 shall be

available to make annual grants to a Middle East Broadcasting

network for th purpose of carrying out radio and television broadcasting to the Middle East region.

(b) FUNCTION.—The Middle East Broadcasting Netwrok 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 Board 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 wil be reduced to the extent appropriate, as determined

by the Board.

57

(d) NOT A FEDERAL AGENCY OR INSTRUMENTALITY.—Nothing in

this title may be construed to make the Middle East Broadcasting

Network a Federal agency or instrumentality, nor shall the officers

or employees of the Middle East Broadcasting Network be deemed

to be officers or employees of the United States Government.

(e) AUDIT AUTHORITY.—

(1) IN GENERAL.—Such financial transactions of the Middle

East Broadcasting network as relate to functions carried out

under this section may be audited by the General Accounting

Office in accordance with such principles and parocedures 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 of the Department of State

and the Foreign Service is authorized to exercise the authorities

of the Inspector General Act with respect to the Middle East

Broadcasting Network.

* * * * * * *

Foreign Service Buildings Act of 1926

That (a) the Secretary of State is empowered to acquire by purchase or construction in the manner hereinafter provided, within

the limits of appropriations made to carry out this Act, or by exchange, in whole or in part, of any building or grounds of the

United States in foreign countries and under the jurisdiction and

control of the Secretary of State, sites and buildings in foreign capitals and in other foreign cities, and to alter, repair, and furnish

such buildings for the use of the diplomatic and consular establishments of the United States, or for the purpose of consolidating

within one or more buildings, the embassies, legation, consulates,

and other agencies of the United States Government there maintained. The space in such buildings shall be allotted by the Secretary of State among the several agencies of the United States

Government.

(b) Payments made for rent or otherwise by the United States

from funds other than appropriations made to carry out this Act

may be credited toward the acquisition of property under this Act

without regard to limitations of amounts imposed by this Act.

58

(c)(1) The Secretary of State may, in accordance with this section,

collect a fee from an agency of the Federal Government that has assigned employees to a United States diplomatic facility for the purpose of constructing new United States diplomatic facilities.

(2) The Secretary shall annually determine and charge a Federal

agency the amount to be collected under paragraph (1) from the

agency. To determine such amount, the Secretary may prescribe and

use a formula that takes into account the number of employees of

each agency, including locally hired personnel, who are assigned to

a United States diplomatic facility.

(3) The head of an agency charged a fee under this section shall

remit the amount of the fee to the Secretary of State.

(4) There shall be established on the books of the Treasury an account to be known as the ‘‘Capital Security Cost-Share Program

Fund’’, which shall be administered by the Secretary. There shall be

deposited into the account all amounts collected by the Secretary

pursuant to the authority under paragraph (1). The Secretary shall

include in the Department of State’s Congressional Presentation

Document each year an accounting of the sources and uses of the

amounts deposited into the account.

(5) The Secretary shall not collect a fee for an employee of an

agency of the Federal Government who is assigned to a United Stated diplomatic facility that is located at a site for which the Secretary has granted a waiver under section 606(a)(2)(B)(i) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22

U.S.C. 4865(a)(2)(B)(i)).

(6) In this subsection—

(A) the term ‘‘agency of the Federal Government’’—

(i) includes the Interagency Cooperative Administrative

Support Service; and

(ii) does not include the Marine Security Guard; and

(B) the term ‘‘United States diplomatic facility’’ has the meaning given that term in section 603 of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865

note).

* * * * * * *

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 frants to The Asia

Foundation pursuant to this title.¿

SEC. 404. There are authorized to be appropriated to the Secretary

of State $15,000,000 for the fiscal year 2004 for grants to The Asia

Foundation pursuant to this title.

* * * * * * *

59

United States Code

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.

The following cost-of-living allowances may be granted, when applicable, to an employee in a foreign area:

(1) * * *

(2) * * *

(3) * * *

(4) An education allowance or payment of travel costs to assist an employee with the extraordinary and necessary expenses, not otherwise compensated for, incurred because of his

service in a foreign area or foreign areas in providing adequate

education for his dependents (or, to the extent education away

from post is involved, official assignment to service in such

area or areas), as follows:

(A) An allowance not to exceed the cost of obtaining such

kindergarten, elementary and secondary educational services

as are ordinarily provided without charge by the public schools

in the United States (including 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

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

60

school in the United States at which the dependent is enrolled,

with the allowable travel expense not to exceed the cost of

travel to and from the school in the United States) to obtain

an American secondary or postsecondary educational institution education (other than a program of post-baccalaureate

education), not to exceed one annual trip each way for each dependent. At the election of the employee, in lieu of the transportation of the baggage of a dependent from the dependent’s

school, the costs incurred to store the baggage at or in the vicinity of the school during the dependent’s annual trip between

the school and the employee’s duty station may be paid or reimbursed to the employee, except that the amount of the payment or reimbursement may not exceed the cost that the Government would incur to transport the baggage. An allowance

payment under subparagraph (A) of this paragraph (4) may

not be made for a dependent during the 12 months following

his arrival in the United States for secondary education under

authority contained in this subparagraph (B). Notwithstanding

section 5921(6) of this title, travel expenses, for the purpose of

obtaining postsecondary educational institution education

(other than a program of post-baccalaureate education), may be

authorized under this subparagraph (B), under such regulations as the President may prescribe, for dependents of employees who are citizens of the United States stationed in the

Canal Zone. For the purposes of this subparagraph, the term

‘‘educational institution’’ has the meaning defined under section 1701(a)(6) of title 38.¿

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

from a secondary, post-secondary, or post-baccalaureate educational institution, not to exceed 1 annual trip each way for

each dependent, except that an allowance payment under subparagraph (A) of this paragraph may not be made for a dependent during the 12 months following the arrival of the dependent at the selected educational institution under authority

contained in this subparagraph.

* * * * * * *

(D) Allowances provided pursuant to subparagraphs (A) and

(B) may include, at the election of the employee, payment or reimbursement of the costs incurred to store baggage for the employee’s dependent at or in the vicinity of the dependent’s school

during the dependent’s annual trip between the school and the

employee’s duty station, except that such payment or reimbursement may not exceed the cost that the Government would incur

to transport the baggage with the dependent in connection with

the annual trip, and such payment or reimbursement shall be

in lieu of transportation of the baggage.

* * * * * * *

SEC. 5925. POST DIFFERENTIALS.

(a) A post differential may be granted on the basis of conditions

of environment which differ substantially from conditions of environment in the continental United States and warrant additional

pay as a recruitment and retention incentive. A post differential

may be granted to an employee officially stationed in the United

61

States who is on extended detail in a foreign area. A post differential under this subsection may not exceed ø25 percent¿ 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¿ 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¿ 35 percent of the

basic pay of the employee. The presence of nonessential personnel

or dependents shall not preclude payment of an allowance under

this section. In each instance where an allowance under this section is initiated or terminated, the Secretary of State shall inform

the Speaker of the House of Representatives and the Committee on

Foreign Relations of the Senate of the action taken and the circumstances justifying it.

* * * * * * *

SUBPART G—INSURANCE AND ANNUITIES

CHAPTER 83—RETIREMENT

SUBCHAPTER III—CIVIL SERVICE RETIREMENT

SEC. 8332. CREDITABLE SERVICE.

(a) The total service of an employee or Member is the full years

and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any.

(b) The service of an employee shall be credited from the date of

original employment to the date of separation on which title to annuity is based in the civilian service of the Government. Except as

provided in paragraph (13) of this subsection, credit may not be allowed for a period of separation from the service in excess of 3 calendar days. The service includes—

* * * * * * *

(11) subject to sections 8334(c) and 8339(i) of this title, service in any capacity of at least 130 days (or its equivalent) per

calendar year performed after July 1, 1946, for the National

Committee for a Free Europe; Free Europe Committee, Incorporated; Free Europe, Incorporated; Radio Liberation Committee; Radio Liberty Committee; subdivisions of any of those

organizations; Radio Free Europe/Radio Liberty, Incorporated,

Radio Free Asia; the Asia Foundation; Middle East Broadcasting Network or the Armed Forces Network, Europe (AFN–

E), but only if such service is not credited for benefits under

any other retirement system which is established for such entiVerDate 11-MAY-2000 13:08 Apr 25, 2003 Jkt 000000 PO 00000 Frm 00061 Fmt 6602 Sfmt 6602 108-39.TXT SFORELA1 PsN: SFORELA1
62

ties and funded in whole or in part by the Government and

only if the individual later becomes subject to this subchapter;

* * * * * * *

TITLE 10—ARMED FORCES

SUBTITLE A—GENERAL MILITARY LAW

* * * * * * *

PART IV—SERVICE, SUPPLY, AND PROCUREMENT

* * * * * * *

CHAPTER 157—TRANSPORTATION

* * * * * * *

øSEC. 2642. REIMBURSEMENT RATE FOR AIRLIFT SERVICES PROVIDED TO CENTRAL INTELLIGENCE AGENCY¿

SEC. 2642. REIMBURSEMENT RATE FOR AIRLIFT SERVICES PROVIDED

TO CENTRAL INTELLIGENCE AGENCY OR DEPARTMENT OF

STATE

(a) AUTHORITY.—The Secretary of Defense may authorize the use

of the Department of Defense reimbursement rate for military airlift services provided by a component of the Department of Defense

to the Central Intelligence Agency or the Department of State, if

the Secretary of Defense determines that those military airlift services are provided for activities related to national security objectives.

* * * * * * *

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

* * * * * * *

CHAPTER 7—ASSAULT

SEC. 111. ASSAULTING, RESISTING, OR IMPEDING CERTAIN OFFICERS

OR EMPLOYEES. * * *

* * * * * * *

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.

63

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¿ 2004 to carry out

the provisions of this title.

(b) AVAILABILITY OF FUNDS.—Amounts authorized to be appropriated under subparagraph (a) are authorized to remain available

until expended but not later than the date of termination of the

Commission.

* * * * * * *

Æ